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LUA16-000861_REPORT 01
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"Ii • iH I 5~Q .. ~~-" ~~~ ~~-~; p,· ~!~i:: ~ ,ti ll ~&~ !il ;~i ~~H ui~i" !m u I L' ----.•-.•• -----~_,=, ... , .. ~ .. ,.~ .~... ---------,; -•-.'» " ~ I I ~ " • 8 0 e • w I C ~ 0 I "t (.J ~ N " " DEPARTMENT OF COM,.,JNITY AND ECONOMIC DEVELOPMENT ----~9kenton ® A. ADMINISTRATIVE REPORT & DECISION DECISION: REPORT DATE: Project Name: Owner: Applicant: Contact: File Number: Project Manager: Project Summary: Project Location: Site Area: 0APPROVED [2'J APPROVED SUBJECT TO CONDITIONS D DENIED January 19, 2017 New Cingular Wireless PCS, LLC (AT&T) Stealth Tower Seung Sik Paik, 2439 Maple Valley Hwy, Renton, WA 98055 New Cingular Wireless PCS, LLC, 16221 NE 72"' Way, Redmond, WA Jennifer Taylor, Ryka Consulting, 918 Horton Street, #1002, Seattle, WA 98134 LUA16-000861, CU-A Alex Morganroth, Associate Planner New Cingular Wireless PCS, LLC is requesting approval of an Administrative Conditional Use Permit for the installation of a new 59 foot 10 inch tall Stealth Tower designed to imitate the phyical characteristics of a streetlight pole. The four panel antennas and associated cabling would be fully concealed in the tower. The project site has an existing multitenant retail building and an adjacent parking lot that serves businesses in the retail building. Existing wireless communication facility attennas are installed on the eastern edge of the rooftop of the one-story wood frame retail building located at 2439 Maple Valley Hwy (SR 169), the parcel adjacent to the site of the proposed tower. According to a Structural Analysis Report submitted by the applicant, the rooftop supporting the existing telecommunications equipment is insufficient for loading due to structural integrity concerns. The rooftop equipment would be completely removed after the installation of the stealth tower. No changes are proposed for the associated equipment on the east of the building and all cabling connected to the existing rooftop equipment would be removed and rerouted underground to the proposed stealth tower. The parcel is zoned Commercial Office/Residential (COR) and is located within the Urban Design District C. Access to the stealth tower would be provided off of Maple Valley Hwy through the existing parking lot. There are 21 existing parking spaces and no changes are proposed to the existing parking lot or landscaping. Critical areas were mapped on the project site including Geological Hazards and Wellhead Protection Area Zone 1. 2439 Maple Valley Road 20,620 square feet Project Location Map Admin Conditional Use Permit City of Renton Deportment of Co unity & Economic Development NEW C/NGULAR WIRELESS PCS Administrative Report & Decision LUA16-000861 January 19, 2017 I 8. EXHIBITS: The following exhibits were entered into the record: Exhibit 1: Staff Report Exhibit 2: Exhibit 3: Zoning and Neighborhood Detail Map Site Plan Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Elevations Photo Simulations Colocation Feasibility Analysis Geotechnical Report Exhibit 8: Exhibit 9: WA Department of Fish and Wildlife -Priority Habitat Areas Report Structural Analysis of Existing Rooftop Facilities Exhibit 10: Removal Agreement Letter for Existing Equipment Exhibit 11: Example Stealth Tower Designs Exhibit 12: Advisory Notes ! C. GENERALINFORMATION: 1. Owner(s) of Record: 2. Zoning Classification: 3. Comprehensive Plan Land Use Designation: 4. Existing Site Use: 5. Critical Areas: Sik Paik and Eunsil Seung 2439 Maple Valley Hwy Renton, WA 98055 Commercial Office Residential (COR) Commercial Office Residential Parking lot and strip commercial Regulated Slope, >15% & <=25% Sensitive Slope, >25% & <=40% Seismic Hazard -High Coalmine Hazard -Moderate Wellhead Protection Area -Zone 1 Page 2 of 13 City of Renton Department of Co unity & Economic Development NEW C/NGULAR WIRELESS PCS January 19, 2017 6. Neighborhood Characteristics: Administrative Report & Decision LUA16-000861 Page 3 of 13 a. North: Vacant, Resource Conservation {RC} Zoning District b. East: Single-Family Residential, Commercial Office Residential (COR} Zoning District and Urban Design District C C. South: Mu/ti-Family Residential, Commercial Office Residential (COR} Zoning District and Urban Design District C d. West: Bingo Hall/Club, Commercial Office Residential {COR} Zoning District and Urban Design District C 7. Site Area: 20,620 square feet ~ D. HISTORICAL/BACKGROUND: Action Comprehensive Plan Zoning Annexation I E. PUBLIC SERVICES: 1. Existing Utilities Land Use File No. N/A N/A N/A Ordinance No. 5758 5758 1789 06/22/2015 06/22/2015 09/09/1959 a. Water: Water service is provided by the City of Renton. There is an existing water main in Maple Valley Hwy (SR 169). b. Sewer: Sewer service is provided by the City of Renton. There is an existing sewer main in Maple Valley Hwy (SR 169). c. Surface/Storm Water: There is an existing 12 inch storm water main in Maple Valley Hwy (SR 169). 2. Streets: There are not complete street improvements along the frontage of the site. There is an existing sidewalk with no landscape buffer on the south side of Maple Valley Hwy (SR 169) in front of the project site. 3. Fire Protection: Renton Regional Fire Authority F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts 1. Section 4-2-020: Purpose and Intent of Zoning Districts 2. Section 4-2-070: Zoning Use Table 2. Chapter 3 Environmental Regulations 1. Section 4-3-050: Critical Area Regulations 3. Chapter 4 Property Development Standards 1. Section 4-4-140: Wireless Communications Facilities 4. Chapter 9 Permits a. Section 4-9-030: Conditional Use Permit 5. Chapter 11 Definitions City of Renton Deportment of C, NEW C/NGULAR WIRELESS PCS unity & Economic Development Administrative Report & Decision LUA16-000861 January 19, 2017 Page 4 of 13 G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Utilities Element I H. FINDINGS OF FACT (FOF}: 1. The applicant, New Cingular Wireless PCS, LLC, is requesting an Administrative Conditional Use Permit Review for the installation of a wireless facilities that would replace an existing roof-mounted wireless facilities tower on-site. 2. The Planning Division of the City of Renton accepted the above master application for review on November 9, 2016 and determined the application complete on November 17, 2016. The project complies with the 120-day review period. 3. The project site is located at 2439 Maple Valley Hwy (Parcel #1723059140). 4. The project site consists of two parcels. Structures on the site include a multitenant retail building, a wireless facilities equipment enclosure and an enclosed outdoor patio owned by Classics Sports Bar. 5. Access to the site is provided via a driveway off of Maple Valley Hwy. 6. The property is located within the Commercial Office Residential (COR) Comprehensive Plan land use designation. 7. The site is located within the Commercial Office Residential (COR) zoning classification. 8. The majority of the site is impervious surface, including a commercial building and associated parking. There are no trees located on the site. 9. The site is mapped with the following critical areas: Coalmine Hazard -Moderate, Seismic Hazard -High, Regulated Slope >15% and <=25%, Sensitive Slope >25% and <40%, and Wellhead Protection Area Zone 1. 10. The proposal is SEPA exempt, per WAC 197-11-800{24)(a)(ii). 11. No material would be cut on site and no fill is proposed to be brought into the site. 12. The applicant is proposing to begin construction on April 7, 2017 and end on May 19, 2017. 13. Staff received no public or agency comments. 14. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. 15. Comprehensive Plan Compliance: The site is designated Commercial Office Residential (COR) on the Comprehensive Plan Land Use Map. Lands in the COR designation are intended to evolve from underutilized and vacant to compact, mixed-developments that act as a gateway to the City. The land banking designation is characterized by enhanced master planning and coordinated design that takes advantage of significant amenities and major transportation or transit routes. The proposal is compliant with the following Comprehensive Plan Goals and Policies if fill conditions of approval are met: Compliance Comprehensive Plan Analysis Policy U-79. Require that the siting and location of telecommunications facilities be ,r accomplished in a manner that minimizes adverse impacts on the environment and adjacent land uses. City of Renton Department of C NEW CINGULAR WIRELESS PCS unity & Economic Development Administrative Report & Decision LUA16-000861 January 19, 2017 Page 5 of 13 Staff Comment: See analysis below under FOF 19.a CUP. If conditions of the CUP are met the proposed stealth tower would meet the policy objective. Policy U-80. Require wireless communication structures and towers to be designed and site to minimize aesthetic impacts and to be co-located on existing structures and towers .,, wherever possible . Staff Comment: See analysis below under FOF 19.g CUP. If conditions of the CUP are met the proposed stealth tower would meet the policy objective. Goal L-P: Minimize adverse impacts to natural systems, and address impacts of past .,, practice where feasible, through leadership, policy, regulation, and regional coordination. Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new .,, development is designed to be functional and attractive . Staff Comment: See analysis be/aw under FOF 19.a CUP. If conditions of the CUP are met the proposed stealth tower would meet the policy objective. Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas .,, and neighborhoods through quality design and development. Staff Comment: See analysis below under FOF 19.a CUP. If conditions of the CUP are met the proposed stealth tower would meet the policy objective. Policy L-55: Protect public scenic views and public view corridors, including Renton's .,, physical, visual and perceptual linkages to Lake Washington and the Cedar River . Staff Comment: See analysis below under FOF 19.a CUP. If conditions of the CUP are met the proposed stealth tower would meet the policy objective. 16. Zoning Development Standard Compliance: The site is located in the Commercial Office Residential (COR) District and the Urban Design District C on the City's Zoning Map. Land with the COR zoning designation is intended to provide a mix of intensive office, hotel, convention center, and residential activity in a high-quality, master-planned development while remaining integrated with the natural environment. Commercial retail and service uses that are architecturally and functionally integrated are permitted. The scale and intensity of these sites will typically denote a gateway into the City and should be designed accordingly. The purpose of the design requirements in Urban Design District C is to encourage high-quality, pedestrian-scale structures in areas zoned Urban Center (UC) or Commercial Office Residential (COR). Although the design requirements for structures in Urban Design District Care not applicable to wireless communication facilities, the design and siting of new towers or equipment should be compatible with the goals and overall intent of the design regulations. All new wireless communication facilities are required to meet the standards and requirements in RMC 4-4-140 in lieu of the typical development standards based on zoning designation. Compliance Wireless Communication Facility Standards Analysis a. Equipment Shelters/Cabinets: Compliant if 1. Location -Equipment shelters and cabinets used to house related equipment condition of should be located within buildings or placed underground, unless it is infeasible. approval is met 2. Screening -Equipment shelters and cabinets shall be surrounded by a fifteen foot (15'} wide sight obscuring landscape buffer around the outside perimeter of required security fencing with a minimum height that is no fess than the City of Renton Deportment of C NEW C/NGULAR WIRELESS PCS January 19, 2017 Sholl comply using the CUP Criteria below under FOF 19.o unity & Economic Development Administrative Report & Decision WA16-000861 Page 6 of 13 height of the compound fence at any point. Existing topography, vegetation and other site characteristics may provide relief from the screening requirement 3. Size -The applicant shall provide documentation that the size of any equipment shelters or cabinets is the minimum necessary to meet the provider's service needs. 4. Generators - i. Architectural integration is required (if applicable). ii. To the extent feasible, generators shall be enclosed along with the related equipment. Similar to equipment shelters, the screening for the generator shall utilize similar building materials, ca/ors, accents, and textures as the primary building; if no buildings exist on site, ensure that the building is designed to blend in with the environment. iii. A screening wall and/or landscaping material shall be required to mitigate visual impacts. iv. Fences shall be constructed of materials that complement and blend in with the surroundings. v. Anti-graffiti finish shall be applied to all solid fences, walls, and gates. vi. A noise analysis shall be required to demonstrate that the generator will operate within allowed noise limits if the generator is the sole power source. Staff Comment: The enclosure is located at the rear of the site and behind the outdoor patio used by patrons of Classics Sport Bar. The cabling connected to the existing roof-mounted antennas would be rerouted underground and connect to the proposed stealth tower. The existing equipment cabinets are enclosed with a wood-slatted chain-link fence and the applicant has not proposed any changes to the size or location of the equipment cabinet. Due to the close proximity to residential uses, high visibility from Maple Valley Hwy, and the requirements in the Design Standards of Urban Design District C, Service Element Location and Design section, higher quality screening materials should be used to help mitigate the visual impact of the equipment enclosure. The addition of landscape screening around the enclosure, as required by RMC 4-4-140.F(l)(a), would also help improve the visual appearance of the enclosure. The applicant may not be able to meet the full landscape screening requirement in RMC 4-4-140.F(l)(a), but should add landscaping around the enclosure to the full extent possible. Therefore, Staff recommends as a condition of approval replacement screening that shall be made of masonry, ornamental metal or wood or some combination of the three, and shall creatively incorporate various landscaping elements to screen the enclosure. A generator is not included in the proposed project. b. Maximum Height: The maximum building height permitted in the COR zone is 10 stories and/or 125 ft., or determined through site plan review when the project site is abutting a lot designated as residential. The maximum height of wireless communication facilities is governed by RMC 4-4-140F, which permits a maximum height of 150 feet for stealth towers, if approved through the CUP process. Allowed heights for specific types of stealth facilities shall be determined through the Conditional Use Permit review process. City of Renton Department of C NEW CINGULAR WIRELESS PCS January 19, 2017 Shall comply using the CUP Criteria below under FOF 19.a Compliance not yet demonstrated unity & Economic Development Administrative Report & Decision WAl6-00086l Page 7 of 13 Staff Comment: The height of the proposed stealth tower is 59' 11". The proposal complies with the maximum height permitted in the COR zone. The height requirements of RMC 4-4-140F are evaluated below in Conditional Use Permit analysis for height is provided below in FOF 19.a. c. Visual Impact: RMC 4-4-140F.3 requires that site location and development preserve the pre-existing character of the surrounding buildings and landscape to the extent consistent with the function of the communications equipment. Towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in Jess adverse visual impact to the surrounding area. Towers, antennas and related equipment shall be uniformly painted a non-reflective neutral color that best matches the colors within the immediately surrounding built and natural landscape in order ta reduce the contrast between the WCF and the landscape. Staff Comment: The site of the proposed stealth tower is located within an underdeveloped section of land situated between Maple Valley Hwy and the Cedar River. The area contains a mix of commercial and multi-family residential uses. The proposed stealth tower design is intended to disguise the tower as an average streetlight pole. However, the scale of the tower is not consistent with the scale of an average light pole and therefore is not compatible with existing characteristics of the site. The close proximity to Maple Valley Hwy also gives the nearly sixty-foot tall tower a "looming" effect that has a negative visual impact on both the site and surrounding area. See Conditional Use Permit analysis for design is provided below in FOF 19.b, and associated conditions of approval. d. Setbacks: RMC 4-4-140F.4 requires that towers be set back from each property line by a distance equal to the tower height, unless an engineering analysis concludes that a reduced setback is safe far abutting properties and the Administrator determines that a reduced setback is appropriate for the site. Staff Comment: The proposed stealth tower would be located to the west of the existing retail building and the siting would be in close proximity with the existing associated equipment shelter. The tower would be setback 51 feet 8 inches from the front property line (Maple Valley Highway), 12 feet 5 inches from the rear property line, 83 feet 6 inches from the western side property line and 45 feet from the eastern side property line. The dimensions of the project site, with a maximum depth of approximately 67 feet, do not allow for siting of the tower that would meet the required setbacks. Therefore, staff recommends the applicant submit an engineering analysis to ensure the safety of nearby properties as a condition of approval. e. Maximum Noise Levels: RMC 4-4-140F.5 limits the noise of equipment associated with Wireless Communication Facilities to forty five /45) decibels as measured from the nearest property line on which the facility is located. Staff Comment: The applicant has stated in their project narrative that they do not anticipate any changes in the noise levels. If noise levels exceed the maximum decibel limit, the applicant would be required to bring the proposed facility into compliance with code. City of Renton Department of C NEW C/NGULAR WIRELESS PCS January 19, 2017 Compliance not yet demonstrated ,/ ,/ Compliant if condition of approval is met ,/ Shall comply using the CUP Criteria below underFOF 19 unity & Economic Development Administrative Report & Decision LUA16-000861 Page 8 of 13 e. Fencing: RMC 4-4-040 limits fences within commercial and industrial zoning to a maximum height of 8 feet. In addition, RMC 4-4-140F.6 requires the installation of security fencing coated with a non-reflective neutral fence. Staff Comment: The height of the existing security fence enclosing the associated equipment complies with the City's adopted fencing requirements. See comments above under FOF16.a, Equipment Shelter/Cabinets, where staff has recommend a condition of approval to replace the existing fencing. The new screening would be required to comply with fence and wall standards of the zone. f. Lighting: RMC 4-4-140F.7 prohibits the artificial lighting of towers or antennas, unless required by the FAA or other authority. Staff Comment: The proposed stealth tower is designed as a light pole and includes a full cutoff light to illuminate the parking lot. No other light sources will be installed on the tower. g. Advertising Prohibited: RMC 4-4-140F.8 prohibits the placement of advertising on any part of the Wireless Communication Facility or associated equipment. Staff Comment: The applicant has not proposed any type of advertising to be included on the structure. h. Building Standards: RMC 4-4-140F.9 requires support structures to be constructed so os to meet or exceed the most recent Electronic Industries Association/Telecommunications Industries Association {EIA/TIA) 222 Revision G Standard. Prior to issuance of a building permit the Building Official shall be provided with an engineer's certification that the support structure's design meets or exceeds those standards. Staff Comment: A Structural Analysis prepared by B+T Group was submitted with the application. The analysis concluded that the roof structure with the existing equipment installed is structurally insufficient for both the proposed new equipment and the existing equipment. Therefore, staff recommends that the existing equipment be removed prior to the completion of the final construction inspection. The structural integrity of the proposed stealth tower will be evaluated via an engineering analysis at the time of application for the building permit. i. Radio Frequency Standards: RMC 4-4-140F.10 requires the applicant to ensure that the Wireless Communication Facility will not cause localized interference with the reception of area television or radio broadcasts. Staff Comment: The applicant does not anticipate any inference with the reception of the area television or radio broadcasts and would be required to immediately address any interference issues should they be reported. j. Stealth Tower Standards: RMC 4-4-140 requires certain types of stealth towers to meet minimum standards that effectively disguise the tower. Staff Comment: The proposed light pole stealth tower is not included in the specific standards identified for stealth towers in RMC 4-4-140. Therefore, the standards for the proposed stealth tower shall be determined on a case-by-case basis by the Administrator through the CUP criteria. See FOF 19 below for analysis related to the proposed light pole stealth tower. City of Renton Department of C NEW CINGULAR WIRELESS PCS unity & Economic Development Administrative Report & Decision LUA16-000861 January 19, 2017 Page 9 of 13 17 _ Design Standards: The site is located within Urban Design District C {RMC 4-3-500). As discussed in FOF 16, the proposed design of the stealth tower should meet the overall intent of the minimum standards and contribute to achieving the overarching goals of the design regulations. See FOF 19.a and FOF 19.b for Conditional Use Permit analyses. 18. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas Regulations (RMC 4-3-050). The proposal is consistent with the Critical Areas Regulations, if all conditions of approval are complied with: Compliance not yet demonstrate ,/ Geologically Hazardous Areas: The project site is located in a Geologically Hazardous Area including Coo/mine Hazard -Moderate, High Landslide, Regulated Slope >25% and <=40%. Due to the presence of these hazards, o geotechnical report was submitted as required by RMC 4-3-050. Staff Comment: A geotechnical report prepared by Adapt Engineering {Exhibit 6) was submitted with the project application. According to the submitted study, the existing topography is slightly sloped to the south towards an existing concrete retaining wall. A subsurface conditions assessment found approximately 1 to 2 inches of asphalt pavement overlaying roughly 6 inches of silty sand with gravel and approximately 2 inches of relic concrete. Below the relic concrete, a combination of loose, poorly grade sand and dense, poorly graded gravel was encountered that extended to the full exploration depth of 41.5 feet bgs. The report did not identify any concerns based on seismic, landslide, or coalmine hazards. Based upon the findings in the geotechnical report, the site is suitable for the installation of a wireless communications structure of similar size to the proposed stealth tower. The report recommends the use of a drilled pier foundation to support the proposed structure. The report also identifies the use of a reinforced concrete mat foundation as a less desirable option should drilling conditions become difficult due to unforeseen bedrock or boulders on the project site. Due to the anticipated smaller size of the stealth tower when constructed based on staff's recommended conditions of approval, a drilled pier foundation may not be required. Therefore, the applicant shall demonstrate the suitability and safety of the installation method in the engineering analysis report to be submitted with the building permit, as recommended as a condition of approval in FOF 16.d. Wellhead Protection Areas: The project site is located in a Wellhead Protection Area Zone 1. Staff Comment: The proposed wireless facility is not identified as a prohibited activity in Zone 1 and does not have the potential to significantly impact groundwater quantity or quality. If any fill is proposed to be brought to the site a fill source statement would be required. 19. Conditional Use Analysis: In lieu of the criteria normally evaluated for Conditional Use Permits, the following criteria {RMC 4-9-030E) will be considered in determining whether to issue a Conditional Use Permit for a wireless communication facility. Compliance Conditional Use Analysis for Wireless Facilities . a. Height and Design of the Proposed Tower: The maximum height of wireless communication facilities is governed by RMC 4-4-140F, which permits a maximum height of 150 feet for stealth towers, however the allowed height for a specific type of stealth facility shall be determined through he CUP review process. The height of the City of Renton Deportment of C NEW C/NGULAR WIRELESS PCS unity & Economic Development Administrative Report & Decision LUA16-000861 January 19, 2017 Compliant if condition of approval is met Compliant if condition of approval is met ,/ ,/ ,/ Page 10 of 13 proposed stealth tower is 59' 11". The proposal complies with the maximum height permitted in the COR zone and the maximum height restrictions of RMC 4-4-140F, if approved through a CUP. As proposed, the stealth tower would stand approximately four times higher than the existing low-rise buildings in the immediate area. In addition, the tower would stand approximately twice as high as the closest streetlight poles installed along Maple Valley Hwy, and exceeds the height limits applied to parking lot light poles in RMC 4-4-075E.2, which restricts lights to 25 feet above the ground. Although the proposed tower attempts to replicate the visual qualities of a streetlight pole, the design is not consistent with the look of an average streetlight pole or parking lot light pole. The proposed design has the appearance of a monopole with a street light added on as an afterthought. In order to preserve the existing character of the area and to better integrate the tower into the site, a tower consistent with a parking lot light pole more appropriate to effectively disguise the tower. Therefore, Staff recommends the height of the tower not exceed twenty-five (25) feet when measured from grade. b. Proximity of The Tower to Residential Structures And Residential District Boundaries: The proposed stealth tower would be installed on a site zoned COR. The project site is located in an area intended to be developed into a gateway to the city that promotes high quality construction for commercial, office, and residential uses. Existing residential uses nearby in the COR designation include the Riviera Apartments to the south of the project site and single-family residences east of the project site. The proposed stealth tower would be located approximately 30 feet from the nearest unit in the Rivera Apartments building. Due to the close proximity to adjacent residential uses and potential for the site to be redeveloped with additional residential uses, the stealth tower should be designed to minimize the visual impact of the structure as much as possible. Therefore, staff recommends as a condition of approval that the applicant use a stealth tower design that more closely replicates a street light pole. Examples of existing wireless facilities designed as a street pole are attached as Exhibit 10. c. Nature of Uses On Adjacent and Nearby Properties: As discussed in FOF 19.b, the proposed stealth tower would be located to the east of the existing commercial building on the adjacent lot and to the north of the Riviera Apartments complex. Stealth towers are designed to blend into an environment in order to lessen the visual impact on nearby uses. Due to the intent of the site zoning designation to provide a mix of building types and uses, many structures or facilities can be appropriate in a COR designated area if high-quality design is used. A tower designed to replicate the look of a streetlight pole, a common structure found near a variety of residential, commercial, and office uses, is appropriate for this area. If the conditions on height and design are met, Staff does not anticipate that the proposed stealth tower would have any significant adverse impacts on the surrounding properties and uses. d. Topography and Vegetation: No clearing or grading is proposed as a result of this project. There are no existing significant trees located on the project site. Additional vegetation is required to be added to screen the existing equipment shelter, as conditioned above under FOF 16.a. e. Ingress/Egress: Vehicular access to the project site would be provided via an existing driveway off of Maple Valley Hwy and through the existing parking lot on the site. No changes are proposed to the existing vehicular access to the project site. City of Renton Department of C NEW C/NGULAR WIRELESS PCS unity & Economic Development Administrative Report & Decision LUA16-000861 January 19, 2017 Compliant if condition of approval is met Compliant if condition of approval is met Compliant if conditions of approval are met I I. CONCLUSIONS: Page 11 of 13 f. Noise, light, and Glare: The noise generated by the existing equipment will not change as no changes are proposed within the equipment shelter-the primary source of noise for wireless communication facilities. The stealth tower, designed to replicate a street light, will include a full cutoff light that will increase light levels in the parking but should not be highly noticeable to the adjacent residences due to the multiple streetlights already located nearby. The pole will be painted a non-glare finish. Staff has recommended as a condition of approval that the tower be reduced in height to be consistent with the maximum height permitted for a parking lot light pole, at 25 feet above the ground. The intent of the height limits of the parking lot light poles is to minimize the impact onto adjacent and abutting properties. As such, if the full cutoff light fixtures are utilized and the pole height is reduced per the conditions of approval impacts of light and glare are not anticipated to be above what would be permitted in the COR zone. g. Colocation Feasibility: The applicant submitted satisfactory evidence that no existing tower or support structure can accommodate the proposed equipment relocation. An existing utility pole nearby with T-Mobile equipment has limited space for additional antennas due to separation requirements between various antennas. In addition, there are no existing towers within 0.5 miles from the project site and there is limited wireless service in the immediate vicinity. A colocation feasibility analysis is attached as Exhibit 6. Due to steady growth and development near the project site and the ever-increasing demand for cellular data, the need for new or upgraded cellular equipment is likely to grow. In order to provide an opportunity for the future colocation, new wireless towers should be designed so to allow for the coloration of new equipment in the future. Therefore, Staff recommends that the proposed stealth tower incorporate space to allow for future colocation efforts as a condition of approval. j. Consistency With Plans And Regulations: As previously discussed above under FOF 15 and 16 the proposed installation of the new stealth tower is consistent with the City's adopted Comprehensive Plan, Zoning Ordinance, and RMC 4-4-140 Wireless Communication Facilities regulations provided the conditions of approval is complied with. k. Landscaping: The existing equipment does not employ any type of landscape screening and the applicant has not proposed any landscaping on the project site. As previously discussed in FOF 16.a, the addition of landscape around the equipment enclosure would bring the enclosure closer into compliance with current code. In addition, adding landscaping elements that help screen the enclosure would minimize the visual impact of the existing enclosure and will benefit the residents of the nearby Riviera Apartments that face the equipment. Therefore, staff recommends the applicant be required to submit landscape plan for the site that incorporates screening elements as a condition of approval. 1. The subject site is located in the Commercial Office Residential (COR) Comprehensive Plan designation and complies with the goals and policies established with this designation if conditions of approval are met, see FOF 6. City of Renton Department of C NEW CINGULAR WIRELESS PCS January 19, 2017 unity & Economic Development Administrative Report & Decision LUA16-000861 Page 12 of 13 2. The subject site is located in the Commercial Office Residential (COR) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval, see FOF 16. 3. The proposed stealth tower meets the ten development standards that apply specifically to new Wireless Communication Facilities, provided the applicant meets all conditions of approval, see FOF 16. 4. The proposed stealth tower complies with the Critical Areas Regulations provided the applicant complies with City Code and conditions of approval, see FOF 18. 5. The proposed stealth tower meets the nine special decision criteria considered when making a decision on a conditional use permit request for a Wireless Communications Facility, as specified in RMC 4-9- 030E, provided the applicant meets all conditions of approval, see FOF 19. I J. DECISION: The Wireless Communication Facility-Stealth Tower Condition Use Permit, File No. LUA16-000861, is approved and is subject to the following conditions: l. The existing wireless facilities located on the rooftop of the commercial building on the project site shall be removed prior to completion of the final construction inspection. 2. The applicant shall demonstrate the suitability and safety of the chosen installation method in the engineering analysis report to be submitted at the time of Building Permit application. 3. The tallest point of the proposed tower shall not be greater than twenty five (25) feet when measured from grade. Compliance with the height restriction shall be verified with the building permit application and approved by the Current Planning Project Manager prior to building permit issuance. 4. The design of the stealth tower shall more closely replicate a street light pole. The final design shall be reviewed and approved by the Current Planning Project Manager at the time of building permit application. 5. The existing wood slat chain-link fence shall either be replaced by be made of masonry, ornamental metal or wood or some combination of the three and creatively incorporate various landscaping elements to screen the enclosure to the extent possible. Detail screening and landscaping plans shall be submitted with the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. 6. The stealth tower shall be painted with a non-glare, flat grey finish. The type offinish shall be identified in the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. 7. The design of the stealth tower shall allow for additional equipment co location in the future unless determined infeasible by the Current Planning Project Manager at the time of building permit application. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: TRANSMITTED this 19'" day of January, 2017 to the Owner/Applicant/Contact: Owner: Applicant: Contact: Seung Sik Paik New Cingular Wireless PCS LLC Jennifer Taylor, Ryka Consulting City of Renton Deportment of C, NEW CINGULAR WIRELESS PCS January 19, 2017 2439 Maple Valley Hwy Renton, WA 98055 unity & Economic Development 16221 NE 72'd Way RTC 3 Redmond, WA 98052 TRANSMITTED this 19'' day of January, 2017 to the Parties of Record: None TRANSMITTED this 19'" day of January, 2017 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Vanessa Dolbee, Current Planning Manager Amanda Askren, Property and Technical Services Manager Jennifer Henning, Planning Director Fire Marshal Administrative Report & Decision LUA16-000861 918 S Horton St #1002 Seattle, WA 98134 Page 13 of 13 K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on February 2'', 2017. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. EXPIRATION: The Conditional Use Permit decision will expire two (2) years from the date of decision. A single two (2) year extension may be requested pursuant to RMC 4-9-030. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex pa rte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. 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I 1 I ~l.LSJO ,;mt .,...l,"11 ... lV .. -.... ~wa, ""' .,....,,.. 1.,, • . ~-.,, 310d 133.S .<0 d(U .o,-,&; ! l i i > • X > ~ • r > ~ i • ' , w • • ~ '· o• ; !1 !s, !" ,II CS> ' u N Z[ o, ~ • > ::i I ' • ! i ! l ' ' I • o::t" .-t::'. ..0 ..c X UJ I 1 ! ~JJ.l<l'.l OVIJ .... ~JJ.W J.'fLW ,?-,;, ~JJ!,3:) O'flj ... ,OH .. 1'1'1Y -•-.i'i ' -, g; "' "' ~ 0 ;;: ; ! • i 11, ~ I w 1,!, >"" w<O oO• !ill "" .. , > a !iii ·" '.:::j:i:j . ·" 1i1! ... ,o "' !i,' wz ••• .,, • "C . , ~ I I ' ' d 0 "I" w • 0 8 " 0 0 z N z 0 ~ w ~ 0 z o, II 01792.1403 1A SURVEY CERTIFICATION Site: SD24 Cedar River Address: 2439 SE Maple Valley Hwy Renton, WA 98057 Structure Type: Proposed Pole GEOGRAPHIC COORDINATES Latitude: Longitude: Elevation-Ground: Date of Survey: 47' 28' 38.73" N 122° 11' 13.22" W 63.0 feet February 03, 2016 (NAD 83/91) (NAD 83/91) (NAVD 88) \ Exhibit 5 SCALE: 1"= 2000'± Kevin J. Walker, PLS #41038 I certify that the latitude and the longitude shown above are accurate to within ±15 feet horizontally and that the site elevation is accurate to within ±3 feet vertically, which meet 1A standards as defined on the FAA ASAC information sheet 91 :003. The horizontal datum (Geographic Coordinates) are in terms of the North American Datum of 1983 (NAD 83) and are expressed as degrees ( 0 ), minutes ('),and seconds (" ), to the nearest hundredth of a second. The vertical datum (elevation AMSL) is in terms of the North American Vertical Datum of 1988 (NAVD 88). © 2016 D1mcm1son Company. Inc [ Exhibit 5 -I I Existing View Looking Northwest Proposed V iew Looking Northwest • • I Exhibit 5 [ Exhibit 5 Proposed V iew Looking Southeast on SE Renton Maple Volley Rd Exhibit 5 Existing View Looking Northwest on SE Renton Maple Valley Rd Proposed View Looking Northwest on SE Renton Maple Valley Rd Exhibit 6 SD24 Coverage with Neighbors -Current RC 20' \ Best RSRP (RS EPRE) lev e l (dBm) , • -1 08 • Be1t RSRP [RS EPREJ Le v~I [dBm!,• -113 • Best RSRP (RS EPREJ Lev ~I (dBm),• -116 • Best RSRP (R S EPRE) lev e l (dBml , = -11 8 • Best RSRP [RS EPR E) lev e l (dBm)>• -126 .... SD24 Coverage with Neighbors -New RC 56' Best RSRP (RS EPREJ Le v el (dBm),• -90 Best RSRP (RS EPREJ Le vt>I (dBm) , • -108 • Be st RSRP IRS EPREJ Le v el (dBm),• -113 • Best RSRP (RS EPRE) Le v el (dBm]>• -116 • Best RSRP (RS EPRE) Le v e l (d Bm)>• -118 • Best RSRP IRS EPRE] Le v e l (dBm},• -1 26 ..... Exhibit 6 SD24 Standalone Coverage -Current RC 20' ·p ,· __ ~=-· , ___ :.1k.Jo2 ~ • Be st RSRP (RS EPRE) Le vel (dBm) > = -70 • 8e 1t RS RP IRS EPREI Le v el (d Bm J , • .SO Best RSRP IRS EPRE) Le v el (dBm) , • -90 Best RSRP IRS EPRE) Le v e l (d Bm) > = -108 • Be st RSRP [RS EPRE) Le vel (d6m1, = -113 • Best RSRP [RS EPREl Le v e l (dBm) > = -116 • Best RSRP (RS EPREJ Le v e l (dBm) > = -118 • Best RSRP [RS EPRE) Lev e l (dBmJ > = -126 I Exhibit 6 I ._ SD24 Standalone Coverage -New RC 56' '}/ ,. •. .-=-=,, L .• _c_\ .1111,,\'(;>J:,Oll,_:!, • Best RSRP (RS EPREj Lev el (dBm) > z -70 • Best RSRP (RS EPREJ Lt>Vel (dBmJ >,. .SO Best RSRP (RS EPRE) Le v el (dBm) > • -90 Best RSRP IRS EPREJ Le vel (dBm),• -10 8 • B~st RSRP IRS EPREJ Le vel (dBm)>= -11 3 • Be st RS RP (RS EPRE) Le vel (dBm) > = -11 6 • Be st RSRP (RS EPRE) Le vel (dBm).•= -118 • Be st RSRP (RS EPREJ Le ve l (d6m) > • -126 Exhibit 6 J.,-._ To\ .... r Search Results (antennasearc ...... om) • Towe r Structures· (2439 SE Maple Va ll ey Hwy, Renton , WA 98055) lT Map Sa:'=I i:;; Mt :.J 1·. e· Cem~ter~ 1 Cedar @) R,,1er Park t,.- , "(' ~. ':, I Exhibit 6 :_,~ :~ ·c ~1 1 T .y Carco Theatre s:-·.,.d 5. -~ '· . J ) Phrltp , tirnold Park ' hGo gle r. (., ~4-~, \~ ,· .'-...!.' Map data s 20 16 Goog le Ter ms of Use r ,y,verih:i?gi ,,er Ed) ~:1.. I-'.t I 0 •.i'•~. ", ;·1 .._1:I , ~~ --, ••• I I'-= ,;!·, Tn1,,H(N<,t RP9i.-;re1,:,d) ' ~.' __ , • I : rr . -~ · 1 • j r ,_JI.-::. • 1 , ; 1-~(t 1 T Map shows Yz mile radius from site Re gistered I 1:, T-mob il e 1N est U c 12 9 f eet Not I 1 :, Att rviobi l ity Is,•,·, 50 f eet Re gis tere d 1.2 :, Puget Sound Po wer & Light ComRanY' 12 0 fee t sr c? ... -. ).• ,v, ',t + Report a map error • t~ -: ' .H miles 03 miles. 68 mil es April 29, 2016 Adapt Project No. WA 16-20531-GEO AT&T Mobility c/o Mastec Network Solutions 1203 114th Avenue SE Bellevue, Washington 98004 Attention: Dan Kelly Subject: Geotechnical Engineering Evaluation SD24 Cedar River 2439 SE Maple Valley Hwy Renton, Washington 98056 Dear Mr Kelly: I Exhibit 7 Adapt Engineering 615 8"' Avenue South Seattle. Washington 98104 Tel (206) 654-7045 Fax (206) 654-7048 www.adaplengr.com Adapt Engineering (Adapt) is pleased to submit this report describing our recent geotechn.ical engineering evaluation for the above referenced tower site. The purpose of this study was to interpret general surface and subsurface site conditions, from which we could evaluate the feasibility of the project and formulate design recommendations concerning site preparation, equipment pad and tower foundations , access road, structural fill, and other considerations. Our scope of services consisted of a surface reconnaissance , a subsurface exploration, geotechnical analyses, and report preparation. Authorization to proceed with our study was given in the form of Mastec Network Solutions (Mastec) Purchase Order Number 832303 prior to our performing the work. This report has been prepared in accordance with general accepted gcotechnical engineering practices for the exclusive use of AT&T Mobility (AT&T), Mastec, and their agents, for specific application to this project. Use or reliance upon this report by a third party is at their own risk. Adapt docs not make any representation or warranty, express or implied, to such other parties as to the accuracy or completeness of this report or the suitability of its use by such other parties for any purpose whatever, known or unknown, to Adapt. @xhibit 7 Adapt Engineering We apprecintc the opportunity to be of service to yo u. If you have ;rny questions, o r if we can be of further assis ta nce to you. pk.i sc contact us at (206) 654-7045 . Respectfully Sub mit ted. Adapt Engineerin g, Steven fvl. Losleben Sta tl Gcnlogist Kurt W. Grocsch, P.E . Senior Gcolcchnic~l Engineer Q)Jl:Q=~0 K . V. Jw , P. Eng. Senior Geotcchnical Enginccr St'nior Rc vit:we r Allachmcnt s: f-igurc I l'igure 2 Boring Log Loc.iti onffopogr.iµhic Map Site & Expl o ration Plan B-1 A T~T Mnhilitv c/n M.:1,;1pr. NPlwnrk Sol1 ,lln n,; Aoril 29. 20 16 I Exhibit 7 AT&T Mobility Adapt Engineering 615 a1r1 Avenue South Seattle. Washington 98104 Tel {206) 654-7045 Fax (206) 654-7048 www.adaptengr.com Entire Document Available Upon Request c/o Mastec Network Solutions Geotechnical Engineering Evaluation SD24 Cedar River Renton, Washington WA16-20531-GEO April 2016 {A WASHINGTON DEPARTMENT OF FISH AND WILDLIFE ~ PRIORITY HABITATS AND SPECIES REPORT SO UR CE DATASET : PHSPlusPublic REPORT DATE : 11/02/201611.13 Common Name Scientific Nam e Notes Site Name Source Dataset Source Record Source Date Query ID: P161102111335 Priority Area Occurrence Type More Information (URL) Mgmt Recommendation s Accuracy Federa l Status State Status PHS Listing Status No priority species found in project area Sensitive Data Resolution Source Entity Geometry Type m X ::::r -· er -· rl- 00 DISCLAIMER. This report incl udes informat ion that th e Washington Department of Fish and Wi ldlife (WDFW) maintains in a centra l computer database. It is not an attempt to provide you w ith an official agency response as to the impacts of your project on fish and w ildlife. This information only documents the location of fish and wild life resources to the best or our knowled ge. It is not a complet e inventory and it is important to note that fi sh and wildlife re sources may occur in areas not currently known to WDFW biologi sts, or in areas for which comprehensive surveys have not been conducted . Site specific surveys are frequently necesssary to rul e out the prese nce of pri ority resources. Loca tions of fish and wildlife resources are su bject to vraition caused by disturbance, changes in season and weather, and other factor s. WDFW does not recommend using re ports more than six months old . 11/02/201611 .13 1 Washington Department of Fish and Wildlife -Priority Habitat Areas November 2, 2016 PHS Report Clip Area • PT LN o Biodiversity Areas and Corridor I Exhibit 8 1:19,842 0 0.15 0.3 0.6 mi I I I I I I I I I I I I 0 0.27 5 0.55 1.1 km Soun;e: Esri , llglalGlcbe, GeoEye, Ea1hstar Geog-aphics, CNES/Airbus DS , USDA, USGS,A..-oGRJD, IGN, and theGIS UserCo.m,rnlty September 11 , 2015 Ms. Andy Pereira Ryka Communications , LLC 918 S. Horton St., Ste 1002 Seattle, WA 98134 (206) 523-1941 Subject: .___I Ex_h i_b it_9~1 cf .P B+T GRP Structural Analysis B+T Group 1717 S . Boulder , Suite 300 Tulsa , OK 74119 (918) 587-4630 btwo@btgrp.com Carrier Designation: Carrier Site Number: 11566-A Cedar River Carrier Site Name: Ryka Communication, Designation: Site Number: Site Name: Engineering Firm Designation: B+T Group Project Number: SD24 Cedar River 90141.002.01a Site Data: 2439 Southeast Maple Valley Highway, Renton, WA, King County Latitude 47.47750°, Longitude -122.18694° Rooftop Mounted Antennas at 20' Dear Andy Pereira , B+ T Group is pleased to submit this "Structural Analysis" to determine the structural integrity of the above mentioned rooftop supported telecommunications site. The purpose of the analysis is to determine acceptability of the existing rooftop and building to sufficiently support the telecommunications equipment presented in this report . Based on our analysis we have determined the suitability for the structure and foundation, under the following load case , to be : Existing + Proposed Equipment Insufficient Capacity Note: See Tabl e 1 a nd Ta ble 2 for th e prop osed and existi ng loading , re specti ve ly . The analysis has been performed in accordance with the Seattle Building Code, the ASCE 7 standard, and the 2012 I BC based upon a wind speed of 11 0 mph 3-second gust. All equipment proposed in this report shall be installed in accordance with the drawings for the determined available structural capacity to be effective. We at B+ T Group appreciate the opportunity of providing our continuing professional services to you and Ryka communications. If you have any questions or need further assistance on this or any other projects please give us a call. Respectfully submitted by: B+ T Engineering , Inc. Nabin Maharjan . E. I. Project Engineer John W . Kelly, P.E., S.E. Vice President Entire Document Available Upon Request \ Exhibit 10 I AT&T Site Name: S024 Cedar River Site Address : 2431/2439 SE Maple Valley Highway, Renton. WA 98055 AT&T Application#: Removal Agreement In compliance with City of Renton Code regarding Wireless Communication Facilities. the Applicant will remove the facility should its use be discontinued. 4-4-140.K OBSO!,f:SCENCE AND REMOVAL: Any wirele ss communications.facility that is no longer needed or is not operational shall be reported immediately by the sen·ice provider to the Administrator. Disco ntinued.facilities or facilities that are in disrepair, as d e termin ed by the Administrator, shall be decommissioned and remo ved by the facility o-....,n er within six (6) month s of th e date it ceases to be operational. and the site shall be res tored to its pre-existing condition. Th e Administrator may approve an extension of an additional six (6) months ff good cause is demons trated by th e facility owner. ' ~1 . I / ;:/ ,..'ti//../ , _./ __ ),,___ -- Applicant Date Stealth Tower Design Example s I Exhibit 11 j J Exhibit 11 j \ Exhibit 11 j ADVISORY NOTES TO APPLI ~ --~T LUA 16-000861 \L__Ex_h_i b_it-=12~\ -------Ren to Il €) Application Date: November 09, 2016 Name: SD24 Cedar River PLAN • Planning Review· Land Use Site Address: 2439 Maple Valley Hwy Renton, WA 98057-3902 Version 21 Planning Review Comments Contact: Alex Morganroth J 425-430-7219 I amorgnroth@rentonwa.gov Recommendations: 1. RMC section 4 4 030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is being cleared. 5. This permit is shall comply with the Bald and Golden Eagle Protection Act. The permitted is responsible for adhering to the U.S. Fish and Wildlife Service National Bald Eaole Manaaement Guidelines (2007' and /or vour U.S. Fish and Wildlife Service oermit. Ran: January 19, 2017 Page 1 of 1 On the 17th day of November, 2016, I deposited in the mails of the United States, a sealed envelope containing Notice of Application and Acceptance documents. This information was sent to: Jennifer Taylor Contact Sik & Eunsil Paik Seung Owner New Cingular Wireless Applicant Mastec Network Solutions Business 300' Surrounding Properties See Attached (Signature of Sender): STATE OF WASHINGTON ss COUNTY OF KING . ,...:_.",.,~ . ..,c.~,1., .,. ~ ,,.,_. I'! I I certify that I know or have satisfactory evidence tha~brina Mirante .. :' i' 1>1.1~''1; signed this instrument and acknowledged it to be hTe_erltheir free and voluntary act for tti~\is~:~~ pu~i. \ mentioned in the instrument. , \ ·• _.· •••• h '-, , \ ;, Dated: I \ \ -I-\ l; \: , ( . \ \~ -c_ , : . • ~ 'Notaryfublic in and for the!i,tate of W~shlngton ....• s':',:_: Notary (Print) : __ 1 \-''"-', ..,-...c~cc·,._-'c.:..\.:...·"'-.::cs::~::......___:"s:s:.·· .=__\.,_(\_·.,,_: :\-"-''-'· +-"::......--' '_ 1 _· _:_; ,_·, ,_·: _· ,_<·_ I ~ V> My appointment expires: l ~.J :) I ·., ~ I <,,; SD24 Cedar River LUA16-000861, CU-A template -affidavit of service by mailing entOil NOTICE OF APPLICATION A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) -Planning Division of the City of Renton. The following brieflv describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: November 17, 2016 PROJECT NAME/NUMBER: SD24 Cedar River/ LUAlG-000861, CU-A PROJECT DESCRIPTION: The applicant, New Cingular Wireless PCS LLC (AT&T), is requesting an administrative conditional use permit to relocate existing wireless communication facility antennas, located on the rooftop of a one-story building at 2439 Maple Valley Hwy (Parcel no. 172305-9147), to a new 59'-10" tall stealth light pole with concealed antennas measuring on the adjacent parcel (Parcel no. 172305-9140). Together the two (2) parcels total 0.47 acres. According to the Structural Analysis Report, the existing rooftop, that supports the telecommunications equipment, is insufficient for loading due to structural integrity concerns about the rooftop of the retail store that was built in 1964. No changes are proposed to the existing parking lot or landscaping. The applicant submitted a Geotechnical Engineering Evaluation, Structural Analysis Report and a Priority Habitats and Species Report from WDFW. PROJECT LOCATION: 2431 & 2439 Maple Valley Hwy PERMITS/REVIEW REQUESTED: Conditional Use-Administrative APPLICANT/PROJECT CONTACT PERSON: Jennifer Taylor, Ryka Consulting/ 918 S Horton St., #1002/ Seattle, WA 98134/ 206-523-1941/ jtaylor@rykaconsulting.com Comments on the above application must be submitted in writing to Clark Close, Senior Planner, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 p.m. on December 1, 2016. If you have questions about this proposal, or wish to be made a party of record and receive additional n6tification by mail, contact the Project Manager at {425) 430-7289. Anyone who submits written comments will automatically become a party of record arid will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE Of APPLICATION: NOVEMBER 9, 2016 NOTICE Of COMPLETE APPLICATION: NOVEMBER 17, 2016 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED, Planning Division, 1055 South Grady Way, Renton, WA 98057. File Name/ No.: SD24 Cedar River/ LUA16-000861, CU-A NAME:------------------------------------~ MAILING ADDRESS: _________________ CITY/STATE/ZIP:----------- TELEPHONE NO.: ---------------- 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 1 2201 Maple Valley Hwy APT 10 2201 Maple Valley Hwy APT 100 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 105 2201 Maple Valley Hwy APT 106 2201 Maple Valley Hwy APT 107 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 108 2201 Maple Valley Hwy APT 109 2201 Maple Valley Hwy APT 11 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 110 2201 Maple Valley Hwy APT 111 2201 Maple Valley Hwy APT 112 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 113 2201 Maple Valley Hwy APT 114 2201 Maple Valley Hwy APT 115 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 116 2201 Maple Valley Hwy APT 117 2201 Maple Valley Hwy APT 118 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 119 2201 Maple Valley Hwy APT 12 2201 Maple Valley Hwy APT 120 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 121 2201 Maple Valley Hwy APT 122 2201 Maple Valley Hwy APT 123 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 124 2201 Maple Valley Hwy APT 125 2201 Maple Valley Hwy APT 126 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 127 2201 Maple Valley Hwy APT 128 2201 Maple Valley Hwy APT 129 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 130 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 133 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 136 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 139 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 141 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 144 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 147 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 15 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 152 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 155 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 131 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 134 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 137 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 14 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 142 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 145 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 148 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 150 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 153 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 156 Renton, WA 98057 • 1723059087 Current Tenant 2201 Maple Valley Hwy APT 132 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 135 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 138 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 140 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 143 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 146 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 149 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 151 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 154 Renton, WA 98057 1723059087 Current Tenant 2201 Maple Valley Hwy APT 157 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 158 2201 Maple Valley Hwy APT 159 2201 Maple Valley Hwy APT 16 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 160 2201 Maple Valley Hwy APT 161 2201 Maple Valley Hwy APT 162 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 163 2201 Maple Valley Hwy APT 164 2201 Maple Valley Hwy APT 165 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 166 2201 Maple Valley Hwy APT 167 2201 Maple Valley Hwy APT 168 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 169 2201 Maple Valley Hwy APT 17 2201 Maple Valley Hwy APT 170 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 171 2201 Maple Valley Hwy APT 172 2201 Maple Valley Hwy APT 173 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 174 2201 Maple Valley Hwy APT 175 2201 Maple Valley Hwy APT 176 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 18 2201 Maple Valley Hwy APT 19 2201 Maple Valley Hwy APT 2 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 20 2201 Maple Valley Hwy APT 21 2201 Maple Valley Hwy APT 22 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 23 2201 Maple Valley Hwy APT 24 2201 Maple Valley Hwy APT 25 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 26 2201 Maple Valley Hwy APT 27 2201 Maple Valley Hwy APT 28 Renton, \/VA 98057 Renton, \/VA 98057 Renton, \/VA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 29 2201 Maple Valley Hwy APT 3 2201 Maple Valley Hwy APT 30 Renton, \/VA 98057 Renton, \/VA 98057 Renton, \/VA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 31 2201 Maple Valley Hwy APT 32 2201 Maple Valley Hwy APT 33 Renton, \/VA 98057 Renton, \/VA 98057 Renton, \/VA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 34 2201 Maple Valley Hwy APT 35 2201 Maple Valley Hwy APT 36 Renton, VVA 98057 Renton, \/VA 98057 Renton, \/VA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 37 2201 Maple Valley Hwy APT 38 2201 Maple Valley Hwy APT 39 Renton, \/VA 98057 Renton, \/VA 98057 Renton, \/VA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 4 2201 Maple Valley Hwy APT 40 2201 Maple Valley Hwy APT 41 Renton, \/VA 98057 Renton, \/VA 98057 Renton, \/VA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 42 2201 Maple Valley Hwy APT 43 2201 Maple Valley Hwy APT 44 Renton, \/VA 98057 Renton, \/VA 98057 Renton, VVA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 45 2201 Maple Valley Hwy APT 46 2201 Maple Valley Hwy APT 47 Renton, \/VA 98057 Renton, \/VA 98057 Renton, \/VA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 48 2201 Maple Valley Hwy APT 49 2201 Maple Valley Hwy APT 5 Renton, \/VA 98057 Renton, \/VA 98057 Renton, \/VA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 50 2201 Maple Valley Hwy APT 51 2201 Maple Valley Hwy APT 52 Renton, \/VA 98057 Renton, \/VA 98057 Renton, \/VA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 53 2201 Maple Valley Hwy APT 54 2201 Maple Valley Hwy APT 55 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 56 2201 Maple Valley Hwy APT 57 2201 Maple Valley Hwy APT 58 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 59 2201 Maple Valley Hwy APT 6 2201 Maple Valley Hwy APT 60 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 61 2201 Maple Valley Hwy APT 62 2201 Maple Valley Hwy APT 63 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 64 2201 Maple Valley Hwy APT 65 2201 Maple Valley Hwy APT 66 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 67 2201 Maple Valley Hwy APT 68 2201 Maple Valley Hwy APT 69 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 7 2201 Maple Valley Hwy APT 70 2201 Maple Valley Hwy APT 71 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 72 2201 Maple Valley Hwy APT 73 2201 Maple Valley Hwy APT 74 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 75 2201 Maple Valley Hwy APT 76 2201 Maple Valley Hwy APT 77 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 78 2201 Maple Valley Hwy APT 79 2201 Maple Valley Hwy APT 8 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 80 2201 Maple Valley Hwy APT 81 2201 Maple Valley Hwy APT 82 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 83 2201 Maple Valley Hwy APT 84 2201 Maple Valley Hwy APT 85 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 86 2201 Maple Valley Hwy APT 87 2201 Maple Valley Hwy APT 88 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 89 2201 Maple Valley Hwy APT 9 2201 Maple Valley Hwy APT 90 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 91 2201 Maple Valley Hwy APT 92 2201 Maple Valley Hwy APT 93 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2201 Maple Valley Hwy APT 94 2201 Maple Valley Hwy APT 95 2201 Maple Valley Hwy APT 96 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 201 2205 Maple Valley Hwy APT 202 2205 Maple Valley Hwy APT 203 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 204 2205 Maple Valley Hwy APT 205 2205 Maple Valley Hwy APT 206 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 207 2205 Maple Valley Hwy APT 208 2205 Maple Valley Hwy APT 209 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 210 2205 Maple Valley Hwy APT 211 2205 Maple Valley Hwy APT 212 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 213 2205 Maple Valley Hwy APT 214 2205 Maple Valley Hwy APT 215 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 216 2205 Maple Valley Hwy APT 217 2205 Maple Valley Hwy APT 218 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 219 2205 Maple Valley Hwy APT 220 2205 Maple Valley Hwy APT 221 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 401 2205 Maple Valley Hwy APT 402 2205 Maple Valley Hwy APT 403 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 404 2205 Maple Valley Hwy APT 405 2205 Maple Valley Hwy APT 406 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 407 2205 Maple Valley Hwy APT 408 2205 Maple Valley Hwy APT 409 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 410 2205 Maple Valley Hwy APT 411 2205 Maple Valley Hwy APT 412 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 413 2205 Maple Valley Hwy APT 414 2205 Maple Valley Hwy APT 415 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 416 2205 Maple Valley Hwy APT 417 2205 Maple Valley Hwy APT 418 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 419 2205 Maple Valley Hwy APT 420 2205 Maple Valley Hwy APT 421 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 601 2205 Maple Valley Hwy APT 602 2205 Maple Valley Hwy APT 603 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 604 2205 Maple Valley Hwy APT 605 2205 Maple Valley Hwy APT 606 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 607 2205 Maple Valley Hwy APT 608 2205 Maple Valley Hwy APT 609 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 610 2205 Maple Valley Hwy APT 611 2205 Maple Valley Hwy APT 612 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 613 2205 Maple Valley Hwy APT 614 2205 Maple Valley Hwy APT 615 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 616 2205 Maple Valley Hwy APT 617 2205 Maple Valley Hwy APT 618 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059087 1723059087 1723059087 Current Tenant Current Tenant Current Tenant 2205 Maple Valley Hwy APT 619 2205 Maple Valley Hwy APT 620 2205 Maple Valley Hwy APT 621 Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 1723059158 1723059101 1623059011 RAMAC INC LA RUE PHYLLIS M (TIEE)+ET LA RUE PHYLLIS M (TIEE)+ET 4607 FOREST AVE SE 2447 Maple Valley Hwy 2505 Maple Valley Hwy MERCER ISLAND, WA 98040 Renton, WA 98057 Renton, WA 98058 -~ CITYOF .~ --....---·Renton·~ NOTICE OF APPLICATION A Ma<1<' ApplL<>~on t,i$ Deen flied and aa:•plod with ti,• Ocp,o1m,nt ot Commur,lty & E"'noml< Oo,,loprnw< (CEOl->l•nnlR1Drll,1<,n of U.o Cltyo1 Rwnlo,. Th• loW 0 .. ;"'l:rio~y do><nlautho appllcadonand thonocu,...,. ]'ubll<Approv,i.. CATE llF NOllCEOfAl'PUCllTION: PitOJECT AAME/NUM~E.11: p~OJECTOESCRIPTION: Th• appllcanr, Now ~n,ula< Wlntl .. , PCS UC \AT&ll, i, n,qu .. llng an ,dmin•<tr.>tritl c,;rt1dit\nnal = ~It t,;i rolocato O>.l>ling wirolU! c:umfl'unlc::,tlan f.lclll!\I antonn.., lacat•d on lh• rooftop of, Mo-rtc<"I 1,u,,:tln1 •t 24l~ M•PI• V.IIO'Y H....,. (Parul ao. lnl!J5-.9147), to• now 'i'l'·1Ci" till ,toalth ll1ilt UGI< ,,;,i, ,om:.,.l•d a-..n .. moa,urin! oo 1ho adJ•amt parul \P•mil no. 17l:lll',.-'ll40) Tog,,."-tt,• "'" (2) Pilcol, tot.II QA/ meS-Acci,rdlna ,o lr,o >tructu,al Analv>" Rel)<lrt. U,o v:.st,ng raoll,Jp, that !Uppar1:1 th• tolo=nmunle>tlan1 oqulpm•n~ r,;n,uffidont for l0>dln1 duo to """ctucol ,,toJJkv ''""""" aboul !Ito r,:,olt<,p of !ho rotad mro th,tw" llu•~ ,n 1%4. No ,,.,,u an propo"d to th• O,Ortin1 poro,n, lot er laod1<>plng. Tho applH:l.111 ,ubmlnod • G""toclinloil eoa1n .. ,1n11 ,, .. uotJon, 5truct1Jr.il Ana!y,;" R•p<>r1 ,nd , Prlorl,y H,blm, and Sr-Ja Ro,,.,,. !ram WDFW. PROliCTlOCAT10N: "1.411 & 1.439 M•pl• v,llry f!Wy PERMITT/REVliW RlOU£Sft0: A!'l'UC.-N"!/PROJOCfCONTACfPE!ISON: !eoollerT:1¥10,, Rih C<lmultlr-&/Sl.a S Horton St. 11002/~,ttlo, WA 9llll4/ I.06-S23-ll1U/ jn1lorl!!'r,1<acornul~n1.oom Common!> on th• at,v,,o •1>11llca~on mutt II• wbmlnod In wrlllnc ,o Oarll do<0, Sor,io,-PlonllOf, Do~ ol o,mmwilty" Ii Eea.,.mlc oo .. lopmont, l05S s,allh Grod-,, WoV, Rontan, WA 9111H7, ~ 5,l)O"""' on DO<OfflbOf I, 2a1~. 11 y,;,u have QUtillon, about thl, P"'posal, or"'"" ,o bo modo • ?'rt'/ o! mord '"" '"'""" oddi<lonol no~lcotlon O'I mall, contact tt,0 Pn,joct M>"'I"' ,t (~I.S) 410-7289, Anyon• who submit> wrltt•n common!> wUI autom,U<;ally 11, ca,Tll , po,1,/ of rt<ord and w·II bo n<>tttlod ol •rrv d•d1kln on th~ pmJ1ct. PLEASE !NCLUDE THE PROJECT NUMBER WHEN CAlUNG FOP. PROPER FIU 1DENT1F1CATION OATl'OfAPPllt.\TION: NOVEM!ER9,l01& NOTICE OF COMPI.ETE APPLICATION: NOVEMBER 17,20l6 11 jOU would l•k• to be made , pd,t,/ of record !o ,ec,,I"" IJ~h<f ,ofon,,,mm en thcs o<opo10d ocoiect, ,omplete tni, 1o,m and,-,,rumlo: c tv ofq•Non, ceD. Plann1n1D•·,.s,on, 105S louthG,advW;,i, Senion. WA 9!!057 ,;•"'"'"'No., soi, c,d., ~""' / LU!\16,-000361. CJ,A NAM<------------------~---- MAILINGAOO~ESS; ___________ :m/5TATE/11P, ______ ~ fEUP~ONENO.: ---------- CERTIFICATION I, L,. L./~>1,t<:-li { 1.-0SC hereby certify that copies of the above document were posted in __ /_ conspicuous places or nearby the described property on I . • Date:.~~l~/~1~1_7'--'-"-/(~·-------Signed :: __ {~Y:.:_,'::::~::._'.'.._f/__.i:C~.k'.':c:''2::::===:c___-- STATE OF WASHINGTON ss COUNTY OF KING I certify that I know or have satisfactory evidence that_\..,_',......_\ cc"-c..'c..._\z ___ . __ l""-_· __,\""(~·-=-\._-_lc-'----- signed this instrument and acknowledgedi;it to b'(hisjt,e~eir free and voluntary act for th.e uses and purposes ment10~~.~,!,~),he i~~trument. -, '\ i\ Dated: \ \--l . J l1_~,, :.\;: :{ ,'. ~11 ,,\Ac G__ \, ~. , .'- '· ~.: ,, ~tary Public in and for the State of Washington u ), ,;:. r ,: . , • ,, , : ~Io ta rY ~ ri nt) :_\..,_......,.t_,_,:c,:,.·-..,.1;__,\....,.'-'c,'-'c::-c.-..--','5---'=. ""-~\ \--1..: '_\:.:'.J..' ...!..'"-' _ Myapp.eint+.~iexpires: ___ C_.;:'.1...(1 ;.._}_-...J.7...J.l-10L-.-""(-'--\"-1' _____ 1 __ 'IJ,, ' I'' i \' \ \ \.' ',,',,.' Denis Law Mayor Community & Economic Development C. E. "Chip" Vincent, Administrator November 17, 2016 Jennifer Taylor Ryka Consulting 918 S Horton St., #1002 Seattle, WA 98134 Subject: Notice of Complete Application SD24 Cedar River, LUA16-000821, CU-A Dear Ms. Taylor: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7289 if you have any questions. Sincerely, Clark Close Senior Planner cc: Seung Sik Paik/ Owner(s) New Cingular Wireless PCS, LLC/ Applicant 1055 South Grady Way, Renton, WA 98057. rentonwa.gov ItentOil NOTICE OF APPLICATION A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) -Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: November 17, 2016 PROJECT NAME/NUMBER: SD24 Cedar River/ LUA16-000861, CU-A PROJECT DESCRIPTION: The applicant, New Cingular Wireless PCS LLC (AT&T), is requesting an administrative conditional use permit to relocate existing wireless communication facility antennas, located on the rooftop of a one-story building at 2439 Maple Valley Hwy (Parcel no. 172305-9147), to a new 59'-10" tall stealth light pole with concealed antennas measuring on the adjacent parcel (Parcel no. 172305-9140). Together the two (2) parcels total 0.47 acres. According to the Structural Analysis Report, the existing rooftop, that supports the telecommunications equipment, is insufficient for loading due to structural integrity concerns about the rooftop of the retail store that was built in 1964. Na changes are proposed to the existing parking lot or landscaping. The applicant submitted a Geatechnical Engineering Evaluation, Structural Analysis Report and a Priority Habitats and Species Report from WDFW. PROJECT LOCATION: 2431 & 2439 Maple Valley Hwy PERMITS/REVIEW REQUESTED: Conditional Use-Administrative APPLICANT/PROJECT CONTACT PERSON: Jennifer Taylor, Ryka Consulting/ 918 S Harton St., #1002/ Seattle, WA 98134/ 206-523-1941/ jtaylor@rykaconsulting.com Comments on the above application must be submitted in writing to Clark Close, Senior Planner, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 p.m. on December 1, 2016. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430-7289. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: NOVEMBER 9, 2016 NOTICE OF COMPLETE APPLICATION: NOVEMBER 17, 2016 -------------------'"---·'"'"""'"-''"'"-··--If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED, Planning Division, 1055 South Grady Way, Renton, WA 98057. File Name/ No.: SD24 Cedar River/ LUA16-000861, CU-A NAM Ee----------------------------------- MAILING ADDRESS, _________________ CITY/STATE/ZIP,----------- TELEPHONE NO.: ---------------- DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Prmt Form Re'if~t Form Save form --------Renton 0 Planning Division LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME Seung Sik Paik SD24 Cedar River PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE ADDRESS 2439 Maple Valley Hwy 2431 & 2439 Maple Valley Hwy Renton 98055 CITY Renton ZIP 98055 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S) TELEPHONE NUMBER 172305-9140 & 172305-9147 APPLICANT (if other than owner) EXISTING LAND USE(S): NAME New Cingular Wireless PCS LLC Retail and Parking and Telecommunications ~· PROPOSED LAND USE(S) COMPANY (if applicable)· Same as existing EXISTING COMPREHENSIVE PLAN MAP DESIGNATION ADDRESS 16221 NE 72nd Way RTC 3 Commercial Office Residential -· PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY Redmond ZIP 98052 (if applicable) NIA EXISTING ZONING TELEPHONE NUMBER Commercial Office Residential CONT ACT PERSON PROPOSED ZONING (1f applicable) NIA SITE AREA (in square feel) NAME: Jennifer Taylor 150sqft SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (1f applicable): Ryka Consulting DEDICATED NIA SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS 918 S Horton St #1002 N/A PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Seattle ZIP 98134 ACRE (if applicable) N/A TELEPHONE NUMBER AND EMAIL ADDRESS (206) 523-1941 NUMBER OF PROPOSED LOTS (1f applicable) NIA NUMBER OF NEW DWELLING UNITS (if applicable): jtaylor@rykaconsulting.com NIA 1 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Master Application.doc · l<e.: Oll/2015 ... 's,,_ ,. ' NOY O 9 ZO\fi I ' -· PROJECT INFORMATION (continued) NUMBER OF EXISTING DWELLING UNITS (if applicable) PROJECT VALUE $90,000 N/A ! SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicab.a): N/A I SQUARE FOOTAGE OF EXISTING RESIDENTIAL IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA. PLEASE INCLUDE SQUARE FOOTAGE (If applicable). BUILDINGS TO REMAIN (if applicable): N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): N/A i SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (If applicable): No change NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW , PROJECT (1f applicable) Unmanned facility I -------------------------------- 0 AQUIFIER PROTECTION AREA ONE 0 AQUIFIER PROTECTION AREA TWO u FLOOD HAZARD AREA u GEOLOGIC HAZARD :J HABITAT CONSERVATION :J SHORELINE STREAMS & LAKES :J WETLANDS LEGAL DESCRIPTION OF PROPERTY !Attach leaal descriotion on seoarate sheet with the following information includedl sq ft. sq ft. sq ft. sq ft sq. ft. SITUATE IN THE SE QUARTER OF SECTION ~. TOWNSHIP~. RANGE ~. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) , declare under penalty of perjury undi laws of the State of Washington that I am (please check one) the current owner of the propert')' involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements a d answers herein contained e information herewith are in all respects true and correct to the best of my knowledge and belief Signature of Owner/Representative Date STATE OF WASHINGTON ) I ss COUNTY OF KING ) ,. I certify that I ~now or have satisfactory evidence that,=, I 5 {A D [ (I P1 O n (1 acknowtedge it to be h1s/herlthe1r free and voluntary act for the uses and purpose mentioned in Oated ' Nacary l'ublk Stitt of Wuhlngton CARA E LEHMAN ,., Commission Elqllrts M• 30, 2019 My appointment expires: 2 H :\CED\Da ta \Forms-T em plates\Self-Help Ha ndouts \Pian ning\Ma ste r Application.doc signed this instrument and strument - Rev: 08/2015 RYKA-$CONSULTING August 11, 2016 Seung Sik Paik 2439 Maple Valley Hwy Renton, WA 98055 RE: AT&T Cell Site Modification Site Number: SD24 / Cedar River Site Address: 2439 Maple Valley Hwy Renton, WA 98055 To Whom It May Concern: AT&T will be modifying its existing communications facility. We are requesting your authorization as the property owner to submit applications to the jurisdiction for the above referenced cell site lease area. By executing below, you acknowledge your authorization. Sincerely, Jennifer Taylor Ryka Consulting Authorized AT&T Mobility Representative Landlord Consent Provided By: Name: _').e u '"bl 5 r /<:.. Ptt. i /:: Title: ~ Signature:~,_,}"---- Date: cv;t:/ <4/f-6 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT --------Renton® WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS NOVO 9 ;r,13 Planning DMsion 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED BY: BY: Arborlst Report • (7,J-1- Blologlcal Assessment • c,1-...-- Calculations 1 Colored Maps for Display• c,,µ.- Construction Mitigation Description ,.,.,. Deed of Right-of-Way Dedication 1 Density Worksheet 4 Cit--.:.... ~ Drainage Control Plan z ,. . Drainage Report 2 I :::: Elevations, Architectural·-• CAfc.- COMMENTS: fl ,<. ' cr,v,.y I!,, X 17 H Environmental Checklist 4 CtH, IF 1/NDEn. 60' ,-,,,-,.,__ Existing Covenants (Recorded Copy) u110• Existing Easements (Recorded Copy), .... Flood Hazard Data 4 Otl--<-- Floor Plans • ... • C,ltT... II ,, ff;/111Prner-rr l/tyuv-r /I !' t 7 Geotechnical Report 2 ..,03 Grading Elevations & Plan, Conceptual 2 ~ Grading Elevations & Plan, Detailed 2 ' Habitat Data Report• C,AJ-(-81 !!Pr J. 1n,p,4-<:rf / tz,;,,, . Improvement Deferral , Irrigation Plan 4 PROJECT NAME: __ s_D;..:.24--__ c;...../i!Q..;._;,'t.:.;fLc..L../2-..:..N:.:"::..it..=------- DATE: ____ 'i_./_"1 ..... /.:...U'---,-------- 1 H:\CED\Data\Farms-Templam\Sell·Help Handouts\Plannlng\Walvemlbmlttalreqs.docx Rev: 08/2015 LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED BY: BY: King County Assessor's Map Indicating Site• Landscape Plan, Conceptual• (A,1-(, Landscape Plan, Detalled 4 Legal Description 4 Letter of Understanding of Geological Risk• Map of Existing Site Condltlons 4 Master Application Fonn • Monument cards (one per monument} 1 Neighborhood Detail Map • Overall Plat Plan • Parkin& Lot Covera&e & Landscaping Analysis • Plan Reductions (PMTsl 4 Post Office Approval 2 Plat Name Reservation 4 Plat Plan 4 Preappllcatlon Meeting Summary• Public Works Approval Letter, Rehabllltatlon Plan 4 Screening Detall 4 Shoreline Tracking Worksheet 4 Site Plan 2 ...,o• Stream or Lake Study, Standard 4 C1H..- Stream or Lake Study, Supplemental 4 Stream or Lake Mitigation Plan 4 Street Profiles 2 Titte Report or Plat Certificate t AND• Topography Map, Traffic Study 2 Ct--\. Tree cutting/Land Oearlng Plan 4 . Cll-t;_.,. Urban Design Regulations Analysis 4 Utilitles Plan, Generalized 2 Aw..., Wetlands Mitigation Plan, Final 4 • Wetlands Mitigation Plan, Preliminary 4 2 H:\CED\Data\Form .. Templates\Self-Help Handouts\Plannlng\Wlllversubmlttalreqs.dOOI COMMENTS: f,/ff:-ef r f?.t0.v1/lle7> trr 4-ll'fn:7>.,0, m: - Rev: 08/2015 • LAND USE PERMIT SUBMITTAL REQUIREMENTS: Wetlands Report/Dellneatlon 4 Wireless: Aoolicant Agreement Statement >AND• Inventory of Existing Sites >ANDJ Lease Agreement, Draft , ..., , Map of Existing Site Conditions >AND• Map of View Area,...,, Photosim ul.itlons ,.,.0 , This Requirement may be waived by: 1. Property Services 2 Development Engineering Pian Review 3 Building 4 Planning WAIVED MODIFIED BY: BY: 0/f-L- 3 H:\CED\O.ta\Fonns-Templates\Self-Help Handouts\P1annin1\Waivenubmlttalreqs.dooc COMMENTS: Rev: 08/2015 PRE-APPLICATION MEETING COMMENTS FOR AT&T MONOPOLE PRElG-000290 r~OV O 9 1 1i1G CITY OF RENTON Department of Community & Economic Development Planning Division APRIL 28, 2016 Contact Information: Planner: Clark H. Close, 425-430-7289 Public Works Plan Reviewer: Vicki Grover, 425-430-7291 Fire Prevention Reviewer: Corey Thomas, 425-430-7024 Building Department Reviewer: Craig Burnell, 425-430-7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all of the required copies. The pre-application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community & Economic Development Administrator, Public Works Administrator and City Council). --------------------========--======--------=====--------------- DATE: TO: FROM: SUBJECT: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM April 28, 2016 Clark Close, Planner Vicki Grover, Plan Review Pre-Application for AT&T New Monopole and Antenna Relocation Project PRE 16-000290 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non- binding and may be subject to modification and/or concurrence by official City decision-makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. I have completed a preliminary review for the above-referenced proposal located at parcels 1723059140 & 1723059147. The following comments are based on the pre-application submittal made to the City of Renton by the applicant. WATER 1. The proposed monopole location is within City of Renton's water service area. 2. No comments. SANITARY SEWER 1. The proposed monopole location is within the City of Renton's sewer service area. 2. No comments. SURFACE WATER 1. It appears there is not any new or replaced impervious area and therefore, no comments. TRANSPORTATION/STREET 1. Transportation impact fees will not apply to this project. 2. Road Classifications -Maple Valley Highway (SR 169) is a Principal Arterial. • Existing right of way width -approximately 115 ft. General Comments 1. All construction/ utility permits will require plan submittals. All utility plans shall conform to the Renton Drafting Standards. Plans shall be prepared by a licensed Civil Engineer. 2. When utility plans are complete, please submit four (4) copies of the drawings, two (2) copies of and required reports, and permit application, an itemized cost of construction estimate, and application fee at the counter on the sixth floor. 3. A permit for this project will not be issued until a current franchise agreement is established between the City of Renton and AT&T. 4. RMC 4-4-140Bl. Wireless Communication Facilities encourages joint-use of new and existing towers; locate the towers and antennas in areas where the adverse impact to the community is significantly minimized and configure them in a way that minimizes the adverse visual impact of the tower and antennas. 5. RMC 4-4-140Dl. Evaluation of the existing support structures-no new structure shall be permitted unless the applicant demonstrates to the Administrator's satisfaction that no existing tower or support structure can accommodate the applicant's proposed facility. 6. RMC 4-4-140F. Standards & Requirements of All Types of Wireless Communication Facilities. 7. RMC 4-4-140J. Application Submittal Requirements. 8. Per RMC 4-6-090C. All new communication facilities shall be required to be installed underground pursuant to the standards within this code section. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Renton® M E M O R A N D U M DATE: April 28, 2016 TO: Pre-Application File No. 16-000290 FROM: Clark H. Close, Senior Planner SUBJECT: AT&T Monopole-2439 Maple Valley Hwy General: We have completed a preliminary review of the pre-application for the above- referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Services Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax from the Finance Division on the first floor of City Hall or online at www.rentonwa.gov. Project Proposal: The subject property is located at 2439 Maple Valley Hwy (APN 1723059147 and 1723059140) within the City of Renton near the intersection of Maple Valley Hwy and Blaine Dr SE. The applicant is proposing to upgrade the existing wireless facility consisting of six (6) existing antennas mounted on the rooftop of a commercial building and associated equipment located in a fenced area adjacent to the building. The existing rooftop antennas would be removed and replaced with a fifty feet (50') tall laminated wood pole adjacent to the building and four (4) panel antennas. Accessory devices (RRHs and SSU) would also be attached to the pole. Antennas, accessory devices, and coax chase are proposed to be painted to match the monopole support structure. Current Use: The existing antennas, on the eastern parcel, are located on the rooftop of the wood frame retail store built in 1964. The proposed monopole would be installed on the western parcel that is used for parking. Zoning Requirements: The subject property is located within the Commercial/Office/Residential (COR) zone. Under the current Wireless Regulations a monopole I is a Hearing Examiner Conditional Use Permit within the COR zone. A monopole I is defined as a wireless communication support structure which consists of a freestanding support structure, less than sixty feet (60') in height, erected to support wireless communication antennas and connecting appurtenances. Monopoles are prohibited if located within three hundred feet (300') of residentially zoned property, unless the Administrator determines that all residentially zoned property within three hundred feet {300'} of the proposed facility is undevelopable due to RMC 4- H:\CED\Planning\Current Planning\PREAPPS\16-000256 AT&T Monopole, PR£16-000290 Page 2 of4 April 28, 2016 3-050, Critical Areas Regulations. The proposed monopole tower would be located in a Commercial-Office-Residential zoned property, Development Standards: The project would be subject to RMC 4-2-120B, "Development Standards for Commercial Zoning Designations (CD, CO, & COR)" effective at the time of complete application. Regulations pertaining to wireless communication facilities are contained in RMC 4-4-140. Standards and requirements for all types of wireless communication facilities are contained in RMC 4-4-140F. These standards and requirements include: Equipment Shelters or Cabinets -location, screening, size, generator; Visual Impact; Maximum Noise Levels; Fencing; Lighting; Advertising Prohibited; Building Standards; and Radio Frequency Standards. A few of the development standards have been further identified below. Evaluation of Existing Support Structures -No new support structure shall be permitted unless the applicant demonstrates to the Administrator's satisfaction that no existing tower or support structure can accommodate the applicant's proposed Wireless Communication Facility (WCF). There is an existing utility pole located immediately behind the retail building with antennas located at the top of the pole. Visual Impact -Site location and development shall preserve the pre-existing character of the surrounding buildings and landscape to the extent consistent with the function of the communications equipment. Towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less adverse visual impact to the surrounding area. Towers, antennas and related equipment shall be uniformly painted a non-reflective neutral color that best matches the colors within the immediately surrounding built and natural landscape in order to reduce the contrast between the WCF and the landscape. The proposed location for the monopole is in a highly visible location from Maple Valley Hwy and near the forefront of the Riviera Apartments, Setbacks -Towers must be set back from each property line by a distance equal to the tower height, unless an engineering analysis concludes that a reduced setback is safe for abutting properties and the Administrator determines that a reduced setback is appropriate for the site. The proposed 50' monopole is proposed to be setback approximately 12 feet from the south property line and approximately 30 feet from the east property line. The proposed setbacks do not match the height of the pole, as required by RMC 4-4-140F,4. Maximum Height -All wireless communication facilities shall comply with RMC 4-3-020, Airport Related Height and Use Restrictions, as well as the height limitation of the applicable zoning district. Stealth Tower-a stealth tower (faux tree, flagpoles, sports field light, freestanding sign) are the minimum necessary to meet the intent of effectively disguising the tower. The proposed 50' tall laminated wood pole is not consistent with a stealth tower. Equipment Shelters/Cabinets: Location -Equipment shelters and cabinets used to house related equipment should be located within buildings or placed underground, unless it is infeasible. However, in those cases where it can be demonstrated by the applicant that the equipment cannot be located in buildings or underground, equipment shelters or cabinets shall be screened to the Administrator's satisfaction. No changes ta the existing equipment enclosure are proposed, H : \ CE D\P la nn in g\ Current Plan n i ng\PR EAP PS\ 16-0002 90 AT&T Monopole, PRE16-000290 Page 3 of 4 April 28, 2016 Screening-Equipment shelters and cabinets shall be surrounded by a sight-obscuring landscape buffer with a continuous minimum height of fifteen feet (15'); however, existing topography, vegetation and other site characteristics may provide relief from the screening requirement. The required landscaped areas shall include an automated irrigation system, unless the applicant is able to justify an exception to this requirement to the Administrator's satisfaction. No landscaping is proposed for the site, Size -The applicant shall provide documentation that the size of any equipment shelters or cabinets is the minimum necessary to meet the provider's service needs. The area of the compound may be greater than is necessary in order to accommodate future collocations, but the area reserved for future equipment shelters/cabinets shall be the minimum necessary for the documented WCF capacity. Generator -A noise analysis shall be required to demonstrate that the generator will operate within allowed noise limits if the generator is the sole power source. Fencing -Security fencing shall be required and shall be painted or coated with a non-reflective neutral color. Access/Parking: Access would be taken from Maple Valley Hwy. The proposed location of the new pole does not appear to impact the existing off street parking spaces for the retail stores. There are no specific parking regulations for WCF's. However, the use does require maintenance of the site so a minimum of one onsite space would be necessary. Off street parking would be verified at the time of formal Conditional Use Permit application. Significant Tree Retention: If significant trees are proposed to be removed a tree inventory and a tree retention plan along with a tree retention worksheet shall be provided with the formal land use application. The tree retention plan must show preservation of at least 10 percent (10%) of significant trees, and indicate how proposed building footprints would be sited to accommodate preservation of significant trees that would be retained. The Administrator may authorize the planting of replacement trees on the site if it can be demonstrated to the Administrator's satisfaction that an insufficient number of trees can be retained. Critical Areas: Based on City of Renton Critical Areas Maps, the site is located within the wellhead protection area zone (Zone 1). All proposals for new facilities within any zone of an aquifer protection area must be reviewed for compliance with this RMC 4-3-050 prior to issuance of any development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced. All fill material regarding quality of fill and fill material source statement requirements, within aquifer protection areas, are required per RMC 4-3- 050H.8. A geotechnical analysis for the site may be required. It is the applicant's responsibility to ascertain whether any additional critical areas or environmental concerns are present on the site during site development or building construction. Environmental Review: Monopole I facilities less than 60 feet in height and located within Commercial zones are exempt from Environmental (SEPA) Review in accordance with WAC 197- 11-800. Permit Requirements: The proposal would require a Hearing Examiner Conditional Use Permit. Hearing Examiner Conditional Use requests would be processed within an estimated time frame of 8 to 10 weeks, from the time that the application is accepted as complete. The fee for the H: \CE D\PJanning\Current Pia nning\PREAPPS\16-000290 AT&T Monopole, PRE16-0D0290 Page4of4 April 28, 2016 Hearing Examiner Conditional Use Permit is $2,575.00 ($2,500.00 plus 3% Technology Surcharge Fee). In addition to the required land use permits, a separate building permit(s) would be required. A minimum of one Public Information Sign is required for Hearing Examiner Conditional Use Permit (Type Ill Land Use Permit, Development Regulations (Title IV) Amendments Docket #11 (#D-120), anticipated effective date is May 6, 2016). The applicant is responsible for the procurement, installation and maintenance of the sign. Note: When the formal application materials are complete, the applicant is strongly encouraged to have one copy of the application materials pre-screened at the 6th floor front counter prior to submitting the complete application package, Please call Clark H. Close, Senior Planner at 425-430-7289 for an appointment. Expiration: Building permits, licenses or land use permits required for the operation of a Conditional Use Permit shall be applied for within two (2) years of the date of Conditional Use Permit approval. H : \CED \Pl a nn i ng\C u rrent Pl an n i ng\PR EA PPS\ 16-0002 90 THIS IS NOT A SURVEY AU INFORMAOON J\ND TRUE NOffTH fl.O.,'E BEEN OBTAINED FROM E)[ISTING DAA'MNGS AIIIO .t.RE 1,PPROXlW.TE. I I ------ U::GO.l DESCRIPTION: POA CL B-BEG AT 1= Of' E LN WITH SLY MGN OF' WPL..E VAU.E'f l!WY Tl-1 N'WLY AUi 1-!W'!' 167.~ FT TO TP08 IB S 01-14-13 w 117.96 fT "IB N M!-4J-47 'II 201.14 FT Tl-IN 33-16-13 [ TO SLY WGN Of" l!W'Y TH Tl.l Tl'OB LESS SR 16i ~ ' ~ ' ~ ' _.,-<f' --"" ........ 1f,;,o <(' Gi, '0-- lftr,. ~ ' SUBJECT ZONING I ........ ·, ~"' ........ '-I../'... ~ -•" -"D~ ............... ? .... ~' "'-..) r---....~ " USE: Rl:,.-.L J,_ .. _ ZONE, cm.lMERCIAL PARCEi NIIMBER 17230591 47 I; i OVERALL SITE PLAN 1 SCALE: 11x17: 1",::60'-0" 24x36: 1""'30'-0" I ~ ~ ------------------ ' ~ ' ~ ' ',~ ~ ------' ' I ---- ~ !=!!~L~ I ,.,. " WJtsTOWER COMMUNICATIONS c!_p B+T GRP 171' s aoutn•R SIIIT>llll fUIS.,0~74110 P•t ("111'81__,, SD24 CEDAR RIVER 2439 SE t-.B.PJ.F \'AllEY !-1\VY RE;s;TO'.\;, WA 98056 l'ROl.'USED I~·\M/1',;J\Tl'.D WOOD POLE rRO)ECTNO CHEUIEDBY: ISSUED FOR: B&T ENGINEERING, INC. 3425 up; .... 12/J1/1& THIS DOCUMENT IS PRELIMINARY IN NATURE AND IS NOT A FINAL, SIGNED AND SEALED DOCUMENT c:.:. ·~z..a""..::.~ '==,,. ... ~~~ UfPF,Tl,mMBER. 11.F.YlSION· C-1 B =, CONIRAC'TOR TO V!Jl!IF"I' EXISTING UNOERCROUNO CONOrnONS (EXISffiC UTILrnES, ETC ... ) ~D olDJLIST CONDUIT ROUTE AS NrEDEO. /\NIENHA NOJES I PROPOSED ... T&T 00 0 AA'ITNNA (TYP) 5 6 (4 TOTAL) -4 -4 RELOCATED 700 MH> f4'.. RRH UNIT (2 TOTAL) 1(3, PROPOSED 1900 ~ Rl<H UNIT (2 TOTAL) ~ PROPOSED W'CS RRH ~ UNIT (2 TOTAL) ~ SUPPRESSION UNIT ~ ... PROPOSED su= @ (1 TOTAL) '-EXISTING PAll~lNC LOT ~ ---lffll" DIISTNQ LT! eMNt'I" ~@ -C-5 - P"lll:IPOSEIJ ~-·--iliUC'OIED HCU I Rlfl: CONCA£T£ ~TION. I REF. "1TAQIMENT ,._, I ==-~ I \1 _ ~ .._ / t, .._ " ~ ----0 . \ PNOl'O!IEII 50' -o· \, lNIIN,l,lilJ WOOD POLE ~ """""' """ """' ~I 23·-s· EXISTING CHAIN UNK FENCE (2'1 ~ CXHlUfl AIOII m..arr Mwol.N> 10 NEW l'CU: FOR --OOICUI' L!Nlfflt; :a'+/-, ~ ,:::l BOX W/ - ,.,_ ..... ""' 1 --.I L E)(ISTli'IG WOOD llE (TYP) ~· I "'-' I L:___, • oil 0 STAIRS (UP) Fl.X18 "' ·: i . ' l .·._: I (BaOY<J ,.-.~·Jr-~ •'·:j(, B,o,HEF!Y ~· -,nw/1 TE41 BATIE~ BATTER1ES j (2) w.R.'.THO ~- fl H~=-"'-· o .. !, ~ ·~. ·1 1~s;'"""7n:::'.: '·'"<x._>. __ ,··'-R<~X:-;.,,, \ '·Y! -ro,.<-··~"x-1 I CUTOFF SWITCH .,~-;:""" 8 (':s;:::i >~',<::-::>>>: ' ""' =•n . ~ . '2__, -,1= PULL BOX 18'-9" PROPOSED ENLARGED SITE PLAN 1 )SCALE: 11x17:1.'4'·=1'-0" 24x36:1/2"=1'--0" ~ "fLCO l'ULL OOll -,~ -HOF'J'WII. BOX re 7 " fje.t~t- .>. » --~•TOWER' COMMUNICATIONS :r3 B+TGRP 1'178.R<lULLlffi SLJffE300 TUl5>..0~1'11S Prl: il18)S8I·""" --"."l.."'""" SD24 CEDAR RIVER 24.19 SE MAPLL V:\LLF.Y !-1\V'Y RE;sJTO:-;, \VA 98056 PROPOSED I~\Ml~1\TED WOOD POLE P\IOJF.GTNO CHECKED BY, TSSUEDFOR: llll¥]1W111:]-t B&T ENGINEER1~. INC. ,= fapi'<"H 1.2./J1/16 THIS DOCUMENT IS PRELIMINARY IN NATURE AND IS NOT A FINAL, SIGNED AND SEALED DOCUMENT ~-·--'"'----_____ ,..,_ "'·---..,,.,..,,.__,,._ C-2.1 B Conditional Use Application Narrative/Code Review AT&T Proposed Stealth Tower (SD24 Cedar River) Submitted to City of Renton Planning Division Prepared for: Prepared by: Contact: New Cingular Wireless PCS LLC (AT&T) 16221 NE 72nd Way RTC 3 Redmond, WA 98052 Ryka Consulting 918 S Horton St #1002 Seattle, WA 98134 Jennifer Taylor (206) 228-2127 jtaylor@rykaconsulting.com Prepared November 2nd, 2016 • PROPOSAL SUMMARY INFORMATION Applicant: Representative: Property Owner: Site Name: Request: Parcel Number: Address: INTRODUCTION New Cingular Wireless PCS, I ,LC (AT&T) Ryka Consulting Jennifer Taylor (206) 228-2127 jtaylor@rykaconsulting.com Seung Sik Paik SD24 Cedar River ACUP request for proposal to relocate existing rooftop antennas to a new light pole with concealed antennas. 172305-9140 & 172305-9147 2431 & 2439 Maple Valley Hwy Renton, WA 98055 In order to upgrade the technology of service provided in Renton along Maple Valley Hwy, AT&T proposes to modify an existing wireless facility at 2439 Maple Valley Hwy. It is AT&T's desire to work with the City of Renton to ensure that this project is consistent with local ordinances and zoning regulation while providing facilities for communication services. As shown in this narrative, AT&T's proposal is the least intrusive means of extending AT&T's service to fill its LTE 4G coverage gap. No existing structures were found in the area that would adequately support the antennas at the height required. See Exhibit 2. The proposed stealth tower is not above the City's height limit for stealth towers and is located on a property not developed with a residential use. This proposal meets all of City of Renton criteria for siting new telecommunications facilities, including height and setbacks, and AT & T respectfully requests that City of Renton approve the modified communication facility. PROPOSAL DESCRIPTION AT&T requests approval to relocate existing wireless communication facility antennas. The antennas are currently located on the rooftop of a building at 24.19 Maple Valley Hwy (Parcel 1723059147). Due to structural concerns about the rooftop of the building it is necessary to remove the antennas 2 AT & T SD24 Cedar River Conditional Use Permit Application and mounts from the rooftop. AT&T proposes to install a new stealth light pole on the adjacent parcel (Parcel 1723059140) with the antennas located inside the pole. The proposed light pole will be fifty-nine feet ten inches (59' 10") tall and contain four (4) panel antennas. The pole will be located adjacent to the existing equipment area which will he retained. The parcel is used as a parking lot. This project is located within the Commercial/Office/Residential (COR) zone. AT&T's proposed light pole would be considered a Stealth Tower according to the definition of the Renton Municipal Code in 4-11-230 5. Stealth Tower: A freestanding support structure that is disguised as a natural or built object typically appearing in the natural or urban landscape and is primarily erected to accommodate wireless communication facilities. Examples include, but are not limited to, manmade trees, freestanding signs, flag poles, light fixtures and clock towers. This proposal requires an Administrative Conditional Use Pcnnit according to the RJ'v!C Zoning Use Table 4-2-060: 4·2-060 Zoning Use Table -Uses Allowed in zoning Designati00$ · RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONtNG DESI' 1114.TIOIIS USES; RC R-1 R--4 R-6 R.8 RMH I R-10 R-14 RMF IL IM IH CN CV CA CD cot COR IUC ,..l!JIW~f4i _·;;_ f>"·· .•.. ·. .. . < .. i' ::_ : .· ....... ·.· .. ·;:":·?.'~_-';:,:-_· ~ .. --------.~-_::._-<·,~-· . Arnate,..ir radio antenna AD8 A08 AD8 AD8 A08 ADS AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 Camouflaged 'NCF AO AD AD AD AD AD AD AD AD AD AD AD AD AO AD AD AD AD AD Concealed 'h'CF AD AD AD AO AD so AD AD AO AD AD AD AD AD CD AO AD AO AD Major alleratioos to >D AO AD AD AO AD AD AD AD AD AD AO AO AD AD AD AO AD AD e)()sling WCF siructures Minor alter<1tioos to p p p p p p p p p p p p p p p p p p p existing './"ICF structures MOMp(lle I s.uppcrt H.:17 H47 H47 HJ? H47 H47 H.t7 HJ7 HJ7 H47 H'7 H-17 H..t7 H-F H-F H47 H47 H..17 structures Monopde ii support H-F H47 H.j7 H47 H-l7 H.47 H-F H'7 H47 H47 H-t/ s1ructures - Ste-alth rn•M:f AD AO AD AO AO ,;o AD AD AO AD AD AO AD AD AD AD Ac/ AD AD '-"' As the proposed stealth tower is not greater than sixty feet in height, SEPA review is not required. A Building Pennit is required and will be submitted separately. AT&T SD24 Cedar River Conditional Use Permit Application AT&T's proposal complies with all requirements of the City's code, which are addressed in the following order: For Wireless Communication Facilities: Pages 2-3 Pages 4-6 Pages 6 Pages 7-8 4-4-140 D Collocation Required 4-4-140 F Standards and Requirements for all types of Wireless communication facilities 4-4-140 I Stealth Tower Standards 4-4-140 J Application Submittal Requirements Other Code Requirements: Pages 8-10 4-9-030 Conditional Use Permits 4-4-140.D COLLOCATION REQUIRED: 1. Evaluation of Existing Support Structures: No new support structure shall be permitted unless the applicant demonstrates to the Administrator's satisfaction that no existing tower or support structure can accommodate the applicant's proposed WCF. Evidence submitted to demonstrate that an existing tower or structure cannot accommodate the applicant's proposed antenna may consist of any of the following: a. No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements. b. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements. c. Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment. d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. 2 AT & T SD24 Cedar River Conditional Use Permit Application f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. RESPONSE: Included with this narrative as Exhibit 1 is a structural report documenting that the existing building is no longer suitable for rooftop antenna installation. In reviewing the area for alternative antenna locations AT&T considered an existing utility pole on the adjacent residential parcel. The utility pole currently holds T-Mobile antennas. This pole was already replaced and extended in height to allow for the T-Mobile collocation. There is currently no space on the pole for AT&'l' to collocate due to the separation requirements from the utility lines and tbc separation that would be needed between T-Mobile and AT&T antennas. As this is a modification of an existing site the antennas need to be located as close to the existing facility as possible to retain coverage and prevent creation of coverage gaps. There were no other towers found within .5 miles of the existing site. See Exhibit 2 a list of other facilities within half a mile. No existing structures and building in the area near the existing site offer the height needed. Adjacent properties include both nonresidential and residential buildings. However they are only one-story tall at lower ground elevations than the proposed parcel due to the ground sloping to the south. I ,ocating on these buildings would not be able to provide comparable coverage to the proposed stealth pole. 2. Cooperation of Providers in Collocation Efforts: A permittec shall cooperate with other providers in collocating additional antennas on support structures, provided the proposed collocators have received a building permit for such use at the site from the City. A permittee shall exercise good faith in collocating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level of impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of collocation. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require a third-party technical study at the expense of either or both the applicant and permittee. RESPONSE: No support structures were found in the vicinity of the existing facility that arc suitable for collocation of antennas. 3. Reasonable Efforts: All applicants shall demonstrate reasonable efforts in developing a collocation alternative for their proposal. RESPONSE: As this is a modification of an existing site the antennas need to be located as close to the existing facility as possible to retain coverage and prevent creation of coverage gaps. There were no other towers found within .5 miles of the existing site. See Exhibit 2 a list of other facilities within balf a mile. 3 AT&T SD24 Cedar River Conditional Use Permit Application 4-4-140 F. STANDARDS AND REQUIREMENTS FOR ALL TYPES OF WIRELESS COMMUNICATIONS FACILITIES: 1. Equipment Shelters/Cabinets: a. Location: Equipment ........ RESPONSE: Not applicable as no changes are proposed to the existing equipment enclosure. 2. Maximum Height: All wireless communication facilities shall comply with RMC 4-3-02_!!, Airport Related Height and Use Restrictions. In addition, all wireless communication facilities shall comply with the height limitation of the applicable zoning district, except as follows: c. Stealth Towers: The maximum allowed height of a stealth tower shall be one hundred fifty feet (150'); however, the allowed height for a specific type of stealth facility shall be determined through the Conditional Use Permit review process and the standards of this Section. RESPONSE: AT&T's proposed stealth tower is does not exceed the allowed heights and is well below the 150' allowed. 3. Visual Impact: Site location and development shall preserve the pre-existing character of the surrounding buildings and landscape to the extent consistent with the function of the communications equipment. Towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less adverse visual impact to the surrounding area. Towers, antennas and related equipment shall be uniformly painted a non-reflective neutral color that best matches the colors within the immediately surrounding built and natural landscape in order to reduce the contrast between the WCF and the landscape. RESPONSE: AT&T has chosen a facility modification that is best suited to fit in with the existing character of the property. The existing equipment is located between the existing commercial building and the parking lot. As the antennas must be relocated from the rooftop of the building, a light pole that provides lighting for the parking lot and fully conceals the antennas located within the pole is not out of place on this commercial property. The pole will be painted a non-glare finish. See Exhibit 3 for photo simulations of the proposed pole. At the request of the City, we are also providing images of existing facilities with similar installations. See Exhibit 6 for examples. 4. Setbacks: Towers shall be set back from each property line by a distance equal to the tower height, unless an engineering analysis concludes that a reduced setback is safe for 4 AT&T SD24 Cedar River Conditional Use Permit Application abutting properties and the Administrator determines that a reduced setback is appropriate for the site. RESPONSE: The parcel is less than 70' deep therefore it is not possible to place the proposed stealth light pole to be setback from all property lines a distance egual to the 59' -10" tower height. As this proposal is for a pole that will provide light to the parking lot it has been located at the edge of the parking lot 51'2" from the north property line and 12'5" from the south property line. Due to the unigue size of the property and the current development on the property AT&T reguests approval for the reduced setback which is appropriate for this proposed installation. 5. Maximum Noise Levels: No equipment shall be operated so as to produce noise in levels above forty five (45) decibels as measured from the nearest property line on which the wireless communication facility is located. Operation of a back-up power generator in the event of power failure or the testing of a back-up generator between eight o'clock (8:00) a.m. and nine o'clock (9:00) p.m. are exempt from this standard. No testing of back-up generators shall occur between the hours of nine o'clock (9:00) p.m. and eight o'clock (8:00) a.m. RESPONSE: Not applicable as no changes are proposed to the existing eguipment enclosure. 6. Fencing: Security fencing shall be required and shall be painted or coated with a non- reflective neutral color. Fencing shall comply with the requirements listed in RMC 4-4-040, Fences, Hedges, and Retaining Walls. RESPONSE: No changes are proposed to the existing eguipment enclosure. 7. Lighting: Towers or antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light within the boundaries of the compound. RLSPONSE: The tower will not be artificially lighted. The tower is designed as a light pole which will include a down shielded light for the existing parking lot. 8. Advertising Prohibited: No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any abutting roadway shall be placed on or affixed to any part of a WCF tower, antenna array or antenna, other than as required by FCC regulations regarding tower registtation or other applicable law. Antenna arrays designed and approved to be located on or within signs or billboards as a stealth tower, or a concealed or camouflaged WCF, shall not be construed to be in violation of this prohibirion. 5 AT&T SD24 Cedar River Conditional Use Permit Application RESPONSE: No advertising is included in this proposal 9. Building Standards: Support structures shall be constructed so as to meet or exceed the most recent Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision G Standard entitled: "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. Prior to issuance of a building permit the Building Official shall be provided with an engineer's certification that the support structure's design meets or exceeds those standards. (Ord. 5675, 12-3-2012) RESPONSE: AT&T will comply with applicable codes with regard to structural integrity of the support structure. AT&T will provide a structural analysis with the building permit application. 10. Radio Frequency Standards: The applicant shall ensure that the wireless communication facility (WCF) will not cause localized interference with the reception of area television or radio broadcasts. If the City finds that the WCF interferes with such reception, and if such interference is not remedied within thirty (30) calendar days, the City may revoke or modify a Building and/ or Conditional Use Permit. (Ord. 5675, 12-3-2012) RESPONSE: If interference is found to be caused by AT&T's facility it will be addressed as soon as possible. 4-4-140 I. STEALTH TOWER STANDARDS: The following standards for each type of stealth tower are the minimum necessary to meet the intent of effectively disguising the tower. Standards for types of stealth towers not identified within this subsection will be determined on a case-by-ease basis by the Administrator through the Conditional Use Permit criteria pursuant to RMC 4-9-030E, Decision Criteria -Wireless Communication Facilities. RESPONSE: Stealth light poles arc not specifically address in this subsection. However, most of this section provides criteria regarding location, height, authenticity, and concealment. AT&T chose a stealth light pole as a design for this stealth pole as the site is located by a commercial building and parking lot. Therefore a light pole would not be out of place in this location. The height proposed is the same height as a utility pole with wireless facility nearby. The diameter of the pole is the smallest possible that will still allow for installation of equipment within the pole. All cables and conduit will be routed through the inside of the pole. 6 AT&T SD24 Cedar River Conditional Use Permit Application 4-4-140 J APPLICATION SUBMITTAL REQUIREMENTS: In addition to application materials and information required pursuant to RMC 4-8-120C, Table 4-8-120C-Land Use Permit Submittal Requirements, the following materials are the minimum required to complete a review of any WCF, other than an alteration pursuant to subsection El ofthis Section, Minor Alteration. Additional materials and information may be required. 1. Technical Analysis: a. Site Justification Letter: This report shall justify the need or requirement for the proposed WCF location and design. An analysis of other available sites shall be included as well as determination as to why these sites were not selected. RESPONSE: As stated earlier in this document this proposal is a modification of an existing site that requires removal of antennas due to structural insufficiency of the rooftop. As this is an existing facility functioning within a network it is important that the relocated antennas remain close to the existing facility site. Exhibit 1 is a structural report recommending removal of all rooftop antennas and equipment. Exhibit 4 is a letter from an RF Engineer describing why the height and location is necessary. b. Justification Map: A map identifying the zoning districts, search area, alternative sites, the selected site, and all existing and approved WCFs within a one-half (1/2) mile radius. RESPONSE: As described earlier in this document there are no available towers or structures that provide space or height necessary in the near vicinity of this site. Exhibit 2 is a list of tower structures within one half mile. c. Coverage Map: Map(s) identifying the proposed target coverage that illustrate the coverage prior to and after the installation. RESPONSE: Exhibit 5 includes coverage maps that show the importance of this site in the network. The maps depict how the new location will provide greater coverage with the increased height afforded by the stealth tower. d. Noise Report: For projects proposed adjacent to residential uses when generators, air conditioning units, or other noise-generating devices are utilized. RESPONSE: No new noise producing equipment is proposed therefore no noise report is submitted. 7 AT&T SD24 Cedar River Conditional Use Permit Application 2. Photo Simulations: Photo simulations shall be required with each plan set. The photo simulations shall illustrate the proposed WCF from at least four (4) vantage points and show the existing view (without the proposed WCF) and proposed view (with the proposed WCF) from each vantage point. RESPONSE: Provided with the application include photo simulations depicting the view of the proposed structure from multiple angles an<l multiple distances. See Exhibit 3. 3. Method of Attachment/Cabling: Dimensioned details shall be provided of antennas and mounting hardware used to attach the antennas to the structure. RESPONSE: Antennas and mounting hardware are located inside the stealth pole. Details will be provi<le<l with the building permit application construction plan set. 4. Visual Mitigation: Any concealment/integration techniques proposed shall be fully explained, illustrated and detailed. RESPONSE: The concealment is the stealth light pole tower as shown on the elevation view of the plan set and the photo simulations. 4-9-030 Conditional Use Permits E. Decision Criteria -Wireless Communication Facilities: 1. Decision Criteria: In lieu of the criteria in subsection D of this Section, Decision Criteria, the following criteria shall be considered in determining whether to issue ;i Conditional Use Permit for a wireless communication facility (WCF); however, the Administrator may waive or reduce the burden on the applicant of one or more of these criteria if the Administrator concludes that the goals of RMC 44-140, Wireless Communication Facilities, are better served by: a. Height and Design: The height of the proposed tower and/or antenna as well as incorporation of design characteristics that have the effect of reducing or eliminating visual obtrusiveness. RESPONSE: AT&T has designed a facility to reduce visual impacts to the greatest degree possible. The light pole will contain two rad centers of antennas that arc fully screened by the stealth canisters. "lhe height of the pole is the minimum necessary for improved coverage along the Cedar River Trail and at the I-405/SR169 interchange. 8 AT&T SD24 Cedar River Conditional Use Permit Application b. Proximity to Surrounding Uses: The nature of uses on adjacent and nearby properties and the proximity of the tower and/ or antenna to residential structures and residential district boundaries. RESPONSE: The proposed relocation of antennas onto a new light pole does not introduce a new use as the communication facility is existing. The adjacent property is used for residential purposes. c. Nature of Surrounding Uses: The nature of uses on adjacent and nearby properties. The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. RESPONSE: This project does not introduce a new use to the property and does not create adverse effects for adjacent properties. There is a similar installation (antennas attached to 60' pole) on the adjacent residential property. This proposed installation includes a slim profile pole with fully screened antennas and will not create adverse effects for adjacent properties. d. Topography and Vegetation: The surrounding topography aod tree canopy coverage. RESPONSE: This project does not require removal of trees or vegetation. e. Ingress/Egress: The proposed ingress and egress. RESPONSE: No changes are proposed to existing ingress and egress routes onto the property. f. Impacts: The potential noise, light, glare, and visual impacts. RESPONSE: Other than noise during the construction phase this proposal will not increase noise. The proposed parking lot light pole will provide light directed downward only to the parking lot. The pole has a slim profile and will have a non-glare finish. g. Collocation Feasibility: The availability of suitable existing towers and other structures to accommodate the proposal. RESPONSE: As previously mentioned there are no existing towers or structures that can accommodate the installation of AT&T antennas at the height or location needed. h. Consistency with Plans and Regulations: The compatibility with the general purpose, goals, objectives and standards of the Comprehensive Plan, this Title, and any other City plan, program, map or ordinance. 9 AT&T SD24 Cedar River Conditional Use Permit Application RESPONSE: The proposed facility modification is a passive facility and would not interfere with the surrounding commercial and residential uses on property in the immediate vicinity. This is not a new use on the property as the parcel already contains telecommunication facilities onsite. The proposed facility is intended to address an existing wireless coverage gap and meet coverage objectives, which will be beneficial for the area. i. Landscaping: Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. RESPONSE: This proposal is not introducing a new use and there are no changes or expansions proposed for the ground equipment area. The proposed pole is located in a parking lot. No landscaping is proposed. CONCLUSION: The proposed project is consistent with existing uses in the neighborhood. The tower is the minimum height necessary to meet coverage requirements and allows for the relocation of antennas from the rooftop of a building that can no longer structurally accommodate rooftop equipment. AT&T City of Renton approval to for the proposed new stealth light pole. Supporting Exhibits 0 I 0 2 0 3 0 4 0 5 0 6 0 7 Structural Analysis on Rooftop Facility Tower Search Results Photo Simulations RF Justification Letter Coverage Maps Examples of Similar Installations Landscaping Waiver Request 10 Tower Search Results (antennasearch.com) • Tower Structurn • (2439 SE Maple Valley Hwy, R911ton , WA 9805S) . .$ Map Satellite Mt. Olivet Cemetery t.. Cedar (ill) River Park •" Carco Theatre ,,,l\ C: h St S-- PhiJ,p AmoldPark St. 2nd Ct SE 3rd Sr ~ ...... (I) + -,,?, s£ 3rd St f<- s<;;,, Ath St ,,; (/') 5" SE 5th St + ,G.oogle · Map dat a ~2016 Google Terms of use Report a map error 1 Tower(R egiste red) • High structures 11yp1callv over 200 ft in height, T Towert N ot-Regi stered) • Medium structures , 100 to 200 ft in height) I Future To wer A · FLJture sit e for registered tower Map shows X mile radius from site 1 Registered (1) T-mobile W est Lie 129 feet 44 miles T Not Registered <1) Att Mobility (sw ) 50 f eet . 03 miles (2 ) Puget Sound Pow er & Light Company 120 f eet 68 miles RfCt:lV~f J NOV O 9 20 16 -I Existing View Looking Northwest Proposed View Looking Northwest Existing View Looking Southwest on SE Renton Maple Valley Rd Proposed View Looking Southwest on SE Renton Maple Valley Rd Existing View Loo king Southeast on SE Renton Maple Valley Rd Proposed View Looking Southeast on SE Renton Maple Valley Rd Existing View Looking Northwest on SE Renton Maple Valley Rd Proposed View Looking Northwest on SE Renton Maple Valley Rd August 19, 2016 1, '8 p:z.p:)~·.::_c:: lt• rerr1ove rrw existing rooftop antenna array and move the transmitting w ;(' .1 "'-',·'-Lli!l:'i p,_;-le. T'1e i2xisting six{6) antenna at the current RC of 20' w111 be replru:ed with ar;tt-, 11d ": 1r1,-, :"Jt''.·11,1 RC of 5G'&46' at the Pxisting wirele~":> facility at 2439 SE Maple Valley . i:1i -n/ Rc,!cn Vv/-, ~8(;:>5. ThE inueased height is required to update AT&T'c. service to provide the ir.i:-·~: -~G •1.lirt:>le-,.', tecfmology to its existing and new customer·-,. P.--t< :: :; :~ ;._;:.~,\.v·th ha\ •cqu1rcd additional capacity to be added to the site, 1n 1he form of 1c.i t: .-·'sc,-·1vt: ·:--;\T&T is deploy-ing these transceivers in 2300MHz bands. As the higher 1 .. ,, 1cJ:. ci: e ;c~s,:.eot1bie ·:o g1 eau:0 1 sigral !oss than lower frequencies these new 4G lransceiver:, , ·,t' ,v't" r --JgP · oorprint wh,ch ~vi11 he significantly !ess than the existing 700MHz band. The newer ·11 P!11;,1 N;ii c..uppurr 1(2~1? nigre; fr1~ouencies. The increase in height for all technologies is rPqu1red tu r-· ·x:~:;n~ .::-.ovcr;.igc to the :.4iJ~/SR159 Interchange and the Cedar River Trail Walk. .,_. ;r- iii ',.;11,;-1,1r/, q1e a;1tenna needs to be replaced and installed at the increased height ir order to ; : ~--:t: ,ci;lcii: 1ur·,21 'ridiu t.apd;-jt v whid1 AT&T needs to add, otherwise suffer degradation to its LlG : '"•, ,:.: ,-tl·, is '.,i'.e (/') 0 N ~ -0 0 r-t (/) t SD24 Coverage with Neighbors -Current RC 20' ~1~·· -:;31 ~,.. l'l:,;'!'Lle ::::,· \...__. I Best RSRP (RS EPRE) Lt11el (dBm) > = -70 • Best RSRP (RS EPRE) Lt11el (dBm) > ~ -80 Best RSRP (RS EPRE) Level (dBm) > = -90 Best RSRP (RS EPRE) Level (dBm) > ~ -108 • Be st RSRP (RS EPRE) Lt11el (dBm) H -113 • Best RSRP (RS EPRE) Level (dBm) > = -116 • Be st RSRP (RS EPRE) Lev el (dBm) > = -118 • Best RSRP (RS EPRE) Lt11el (dBm) > ~ -126 SD24 Coverage with Neighbors -New RC 56' ~--.::~-, -. --.. _,.-_ _..,.-L. Best RSRP IRS EPRE] Level (dBm) >=-70 • Best RSRP IRS EPRE] Leve l (dBm) >=.SO Best RSRP (RS EPRE] Lev el (dBm) > = -90 Best RSRP IRS EPRE] Lev el (dBm) >=-108 • Best RSRP (RS EPRE) level I dBm) > = -113 • Best RSRP (RS EPRE] Level I dBm) > = -116 • Best RSRP (RS EPR E] Level (dBm) > = -118 • Best RSRP (RS EPRE] Leve l (dBm) •=-126 SD24 Standalone Coverage -Current RC 20' 'i-;.;:;..-.-••• \...._! Best RSRP (RS EPRE] Ltvel (dBm) > = -70 • Best RSRP (RS EPRE) Ltvel (dBm) > c -80 Bed RSRP (RS EPRE) Level (dBm) > = -90 Best RSRP (RS EPRE) Ltvel (dBm) > = -108 • Best RSRP (RS EPRE) Level (dBm) > = -11 3 • Be st RSRP (RS EPRE) Level (dBm) > = -116 • Be st RSRP (RS EPRE) Level (dBm) > = -11 8 • Best RSRP (RS EPR E] Level (dBm) >=-1 26 .. EXAMPLES OF SIMILAR INSTALLATIONS AT&T Site at 1100 Glenwood Court, Richland, WA AT&T site at 5115 1131h Pl SE, Bellevue, WA Existi, ,5 Site Conditions/ Landscaping \fvaiver Request Proposed stealth pole to be located in grass strip. The large retaining wall on south side of proposed pole does not allow for substantial landscaping bed . Additionally, adjacent property is not on eye level with pole. No changes are proposed to AT& T's existing fenced equipment area. The installation of the stealth pole will not have significant ground disturbance. Any disturbed areas will be replanted with grass. No landscaping is proposed. Construction Mitigation Description Preliminary Information Subject to Change Site Name: SD24 Cedar River Request: ACUP application for proposal to relocate existing rooftop antennas to a new light pole with concealed antennas. Parcel Number: 172305-9140 & 172305-9147 Address: 2431 & 2439 Maple Valley Hwy Renton, WA 98055 Construction Dates: Approximate Start 4/3/17 Estimated Completion Date 5/19/17 Construction Hours: Monday through Saturday from 7am to 5pm Traffic Impacts: Minimal impact on Maple Valley Rd. No closures of road required. Construction staging will take place in the parking lot of the site. 2-3 full size pickup trucks onsite as all times. Drill rig will be onsite to drill the caisson. Crane will be onsite to stack the pole only. Man lift will be used after pole stacking is complete. No traffic control plan required as work will take place from parking lot. Cones/barriers will be used to restrict access to work site. NOVO 9 1015 ~ 9177 ~- N t 0 150 JOOlt ',,"\ ·, ·..,._~~- ~ ' '-,,_ ' ' 9103 ··"-.:',~ "'-, ... ~,', ' ' ' NEIGHBORHOOD DETAIL MAP 1220 .,s, 0 ? 0 z TRCT 9035 n 0 C I U a, _.--" / --------1+-~ 9110 r \ G' --·1 "HV'-H o,;·~'., o 1o_gJ -\.Jol1-1 \ \O\"\"\O ..,J 'J.J ......; :"'l ;--.. :::r, ..... :_,'j ~~.... 0 C1 ~ . .l,~~ C'C) HYDR -------- Rivervie Park - Rento1i \ September 11 , 2015 Ms. Andy Pereira Ryka Communications, LLC 918 S. Horton St., Ste 1 002 Seattle, WA 98134 (206) 523-1941 Subject: Structural Analysis c:!_p B+T GRP B+T Group 1717 S. Boulder, Suite 300 Tulsa, OK 74119 (918) 587-4630 btwo@btgrp.com Carrier Designation: Carrier Site Number: 11566-A Cedar River Carrier Site Name: Ryka Communication, Designation: Site Number: SD24 Cedar River Engineering Firm Designation: Site Data: Dear Andy Pereira, Site Name: B+T Group Project Number: 90141.002.01a 2439 Southeast Maple Valley Highway, Renton, WA, King County Latitude 47.47750°, Longitude -122.18694° Rooftop Mounted Antennas at 20' B+ T Group is pleased to submit this "Structural Analysis" to determine the structural integrity of the above mentioned rooftop supported telecommunications site. The purpose of the analysis is to determine acceptability of the existing rooftop and building to sufficiently support the telecommunications equipment presented in this report. Based on our analysis we have determined the suitability for the structure and foundation, under the following load case, to be: Existing + Proposed Equipment Note: See Table 1 and Table 2 for the proposed and existing loading, respectively. Insufficient Capacity The analysis has been performed in accordance with the Seattle Building Code, the ASCE 7 standard, and the 2012 IBC based upon a wind speed of 11 O mph 3-second gust. All equipment proposed in this report shall be installed in accordance with the drawings for the determined available structural capacity to be effective. We at B+ T Group appreciate the opportunity of providing our continuing professional services to you and Ryka communications. If you have any questions or need further assistance on this or any other projects please give us a call. Respectfully submitted by: B+ T Engineering, Inc. Nabin Maharjan. E.I. Project Engineer NOV O 9 2D16 Structural Analysis Project Number 90141.002.0la, Cedar River TABLE OF CONTENTS 1) INTRODUCTION 2) ANALYSIS CRITERIA Table 1 -Proposed Antenna and Cable Information Table 2 -Existing and Reserved Antenna and Cable Information 3) ANALYSIS PROCEDURE Table 3 -Documents Provided 3.1) Analysis Method 3.2) Assumptions 4) ANALYSIS RESULTS 4.1) Recommendations 5) APPENDIX A September 11, 2015 Site No. SD24 Page 1 Structural Analysis Project Number 90141.002.01a, Cedar River 1) INTRODUCTION September 11, 2015 Site No. SD24 Page 2 The proposed telecommunications equipment will be located on the roof of an existing one story building. There are existing telecommunications antennas mounted on two sector frame mounts. The proposed loading consists of removing the existing sector frame mounts and installing all existing and proposed antennas on the new tripod mounts. Two of the existing antennas will be removed and four proposed antennas and their associated equipment will be installed. 2) ANALYSIS CRITERIA The structural analysis was performed for this structure in accordance with the 2012 International Building Code and the ASCE 7 Design Standard. The TIA-222-G apply to telecommunications towers. Although telecommunications equipment is present, this structure is primarily a building and is more appropriately assessed with the ASCE 7 Standard. The design wind speed for this location is 110 mph 3-second gust. Table 1 -Proposed Antenna and Cable Information Mounting Number Antenna Number Feed of Antenna Model of Feed Line Note Level (II) Antennas Manufacturer Lines Type 2 i Commscope SBNHH-1D65C I t 20 I 4 i Alcatel Lucent f RRH4x25-WCS ------ I I I ··-----·- 2 i Alcatel Lucent I 3JR52703AAAA ! L ___ _ ______ __J Table 2 -Existing and Reserved Antenna and Cable Information Mounting Number Antenna Number Feed of Antenna Model of Feed Line Note Level (II) Antennas Manufacturer Lines Type ~ 3 Kathrein 742-264 I i I I 4 I 1 Powerwave 7780 I ' I i i--61 ---i 14 1 5/8" E . I i --LGP21401 qu1pment I i ~----r----I i to be , I i 2 Nokia MHA CS72993.08 Relocated 1 20 :2 1---__ ---,-700MHz RRH I 2 I Fiber : I I I ·---r----Dc2 ssu _ --T I i 2 --4 DC 'i--1-:-----K-at_h_re_i_n_~---8-00_1_0_7_64-71_6 __ ! 1 Kathrein 80010766 716 ! 2 I Ballasted Rooftop Mounts -·----1·------1quipm;;J ----lobe i Removed i _____ . _____ ) 3) ANALYSIS PROCEDURE Table 3 -Documents Provided I Document Remarks Reference Source I I Photos --Date: 06/16/2015 B+T Group -..I Structural Inspection Report I Date: 07/02/2015 !B+T Grou!'...J i-----P~J!~if!~~~9----~ RFDS Date: 06/23/2~--Ry;:-I I Structural Analysis By PTS LLC Date: 05/28/2009 Ryka I CD's .. -~~-By-7M"o~r':ris_o_n--:-:H:-e-rs"h"fi:-ec-ld:----+-cD=-a-t:-e-: -:0=71-:c1-3-/2_0_1_1_+---'R-'-y"-k"a'---j Structural Analysis Project Number 90141.002.0la, Cedar River 3.1) Analysis Method September 11, 2015 Site No. S024 Page 3 This building currently supports telecommunications equipment. Two antennas will be removed and (4) new antennas will be added. Calculations were run on multiple mounting options with all returning the same result. The existing rooftop is insufficient for this proposed loading. A site inspection revealed the rooftop construction to be different than what was previously reported. Even without any additional loading from telecommunications equipment, the roof structure does not meet code requirements. 3.2) Assumptions 1) The structure was built in accordance with the designer's specifications. 2) The configuration of antennas, transmission cables, mounts and other appurtenances are as specified in Tables 1 and 2 and the referenced drawings. 3) Existing loading was assumed based on final proposed loading. This analysis may be affected if any assumptions are not valid or have been made in error. B+ T Group should be notified to determine the effect on the structural integrity of the structure. 4) ANALYSIS RESULTS 4.1) Recommendations 1) The support system for the telecommunications equipment is structurally insufficient at this site. 2) All existing telecommunications equipment should be removed from the existing structure. 3) It is our recommendation that a new wood laminate pole be installed for the mounting of the proposed loading. Structural Analysis Project Number 90141.002.01a, Cedar River APPENDIX A ADDITIONAL CALCULATIONS September 11, 2015 Site No. S024 Page4 Envelope Only Solution B& T Engineering, Inc. NM 90141.002.01a Cedar River SD24 SK-1 Sept 11, 2015 at 9:30 AM RISA Model.r3d Envelope Only Solution B& T Engineering, Inc. NM 90141.002.01 a Cedar River S024 SK-2 Sept 11, 2015 at 9 30 AM RISA Model.r3d B&T Engineering, Inc. NM 90141.002.01a Cedar River SD24 SK-3 Sept 11, 2015 at 9:31 AM RISA Model.r3d ,: ~~,;,:., ,,.. ,. A .,. ~ If" .. ~.~.;J .. 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TECHNOLOGIES Company Designer Job Number Model Name B&T Ergineering, Ire. NM 90141.002.01a Cedar River SD24 Member Point Loads fBLC s; 9Q Wind -tee/ rcontinuecf/ . -"-' 11 ?1 7 <" R 7 p 1R 7 <A ?1 7 1e a 7 ·~ 10 7 17 o 7 1R 10 7 19 9 z ?n 10 7 21 a z M 10 7 '·-ffl -"'"'" nnnc - nnne - _ nnnc -.m, -nn4 nn, - " rv\A -.0006 nnnc - -. rv\nR -rv\nR RISA-3D Version 12.0.0 [S:\ ... \ ... \90141 _ Cedar River\Engineering\003.01 \RISA Model.r3d] Sept 11, 2015 Checked By~- ' '" o, en OL<an OHn OL ,;n 0, '>e OL'>C Of.7" ~,c o,cn OL<.n "k"" o, en Page 5 PROJECT 9D24 -GSDA-R <.,VER_ i I SUBJECT R,T A-NA-l'{.S j.S i DATE PAGE I STVD WA-LL: OF 11 ' I\ f ' \ 2.'.1 xl..( ·@ ~4 O,C.. l OFW.?2) ' ! \ ,, '--------"--H e..i a"!:" i I 3-2. c;,,xiaJ loqd tYD~ H,e ""0'-''~~ :4.g7 :. L " '-l·~n x.iboo ; ':l2'-! 1?6' t \•5)\ ;i+s r i i f-'c. ") i:l.',S-xo·i&-S' ~ ' ~*';1 . I B+T GRP 1717 S. BOULDER SUITE 300 TULSA, DK74119 PH: (918) 587-4630 WWW. btgrp.com ~-----'-----+-------+-----f-------<----_...,._ i I I ' ! I i ' i I ! I I I I I I ' I I I I I I ! I I i ' .• . .. I i I i i i I Print -M a p s ~ bing Maps 47 .4775, -122.18694 SD 24 C ed ar River Gjl ~-·~ 1ne G:)~ IJ5e m .b ing .com t::-f,ri : ,11-Jr,s J1re::t ,~r 5 ~us.1nesscs. an~ n-,crt Pag e l of I . ! http ://www.bing .com/ma p s/prin t.as px?m kt=e n-u s&z=20&s=h&cp=4 7.47731 8,-1 22. 1866 13... 9 /9/20 15 Recommended 50' wood laminate po le 2 Rad Cl's, 2 antennas per sector on dual pipe mount - Q f I IT ~ WCSRRH~ (4 TYP) a---- 0 r ' 0 ~ " ' y--i' } " ' ~ ~ ' " ' lG l ~ 1 PROPOSED WOOD POLE ELEVATION VIEW SCALE: N.T.S. 700 MHz RRH (2 TYP) SQUID (2 TYP) DC6 SSU (2 "TYP) NEVI WOOD LAMINATE POLE ® PROPOSED WOOD POLE PLAN VIEW SCALE: N.T.$. PROPOSED WOOO LAMl~TE POLE PROl'OSEO ANTENNAS, 2 SECTORS e ANTUII~ TOTAL PROPOSED DI.JAL ANTENW. .iouNT ~ B•T GI c!.r •1t1S DOJLOE SUITE JOO TIJ.SA.OK74110 PO< ("1a!M7"'831J SD24 CEDAR RIVER ~439 SL M,\PLE VI\TJ.EY H\X-'Y RENTON, \':'A 0805(, FXTSTT:'-IG ROOFTOP l'KOJl:.O:."l"NO: CHECXEO B'I· ISSUED FOR: 90141.001 LKT -1 am: 1-1- 9/U:l/'51"'1"[""™"DEllllOD 8.tT ENGlNEERING, INC. SHEET NUMBlll!, l!<"'°'l<;IOS RM-1 0 • AT&T Site Name: 5024 Cedar River Site Address: 2431/2439 SE Maple Valley Highway, Renton, WA 98055 AT&T Application#: Removal Agreement In compliance with City of Renton Code regarding Wireless Communication Facilities, the Applicant will remove the facility should its use be discontinued. 4-4-140.K OBSOLESCENCE AND REMOVAL: Any wireless communicationsfoci/ity that is no longer needed or is not operational shall be reported immediately by the service provider to the Administrator. Discontinued facilities or facilities that are in disrepair, as determined by the Administrator, shall be decommissioned and removed by the.facility owner within six (6) months of the date it ceases to be operational, and the site shall be restored to its pre-existing condition. The Administrator may approve an extension of an additional six (6) months if good cause is demonstrated by the facility owner. Date * ~ 0 .. ..... .... 0 .. I / / / " I / ... 0 "' l i I ' / / I / " I ..... t:; "' I 0 9 --~ --~-------------- /',!•/,,',, :• 1'.-11.:,..., ,., ,,,,, 4 / I " e ' ,• "' / / ,'/ // I .. / / ., ./ I 'I I / I ' ' // ...~/ // // ' ' ' I / .. ' ' '/,. //, I / / . /,/ I 1 ' / ' -I 0 "Cl 0 G') ~ "Cl ::c n s: l> "Cl ~ WASHINGTON DEPARTMENT OF FISH AND WILDLIFE ., PRIORITY HABITATS AND SPECIES REPORT SOURCE DATASET: PHSPlusPublic Query ID: P161102111335 REPORT DATE: 11/02/2016 11. 13 Common Name Site Name Priority Area Accuracy Federal Status Scientific Name SOurce Dataset Occurrence Type State Status Source Record -· lnformauon (URL) PHS Listing Status Notes Source Date Mgmt Recommendations No priority species found in project area Sensitive Data Source Entity Resolution Geometry Type NOV O 9 )r, ';:: ,_,_, ,,_ DISCLAIMER. This report includes information that the Washington Department of Fish and Wildlife (WDFW) maintains in a central computer database. It is not an anernpt to provide you with an official agency response as to the impacts of your project on fish and wildlife. This information only documents the location of fish and wildlife resources to the best of our knowledge. It is not a complete inventory and it is importani io noie that fish and wildlife resources may occur in areas not currently known ta WDFW biologists. or in areas for which comprehensive surveys have not been conducted. Site specific surveys are frequently necesssary to rule out the presence of priority resources. Locations of fish and wildlife resources are subject to vraition caused by disturbance, changes in season and weather. and other factors. WDFW does not recommend using reports more than six months old. 11/02/201611.13 Washington Department of Fish and Wildlife -Priority Habitat Areas November 2, 2016 PHS Report C lip Area fl! Biodiversity A reas and Corridor • PT LN 0 0.1 5 0 0.27 5 1:19,842 0.3 0.55 0.6 mi 1.1 km Source Esri . DglalGlobe GeoEye. E arthstar Geograp 'l1cs C NES;A,,t,us DS. USDA. USGS. 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( ! :I:·: e:rl"~ilnc:' -Ci;.!;: ,trir Ir .. md ICI lt'C"I n v.1d th ha 1,,ing 5 fttl t,f ~Id w id th {'lil . ..... -(.~· .-' :n( • :fl!niux. :t :·: c:n1::d1:1e1, t•f wh: .. J; Jr :" ::c scnt°'ect d!, rol!O '-''~ . • :, -~-:: ~ J, :11"" ·,:cr•::-.-1 1~ n ,.; :he: wt:,t :i1,t'. ,1! Ci. \c~nmenc Loi t Sect ior, ! 7. Townsn i;, 23 ".:, , :-: :.: . .!r ..... C:,,,:. W ~/ Kin,r. ('(1t:n1~ W:id:,npo:1. v.·uh the centerline of Primary S1;ite '·!.'; ·.,., .. , ·'·1t1 !:: \ 11'.~:• t:11:t wayi ,l'I :,· _.., 1 :u. :!5 ~<.i \'-c:,;;l , 1 ·11.Jan(c P'. J 3i, 1-:c1. to the true po1r t of beginning o f the herein '.c .. ~: )~)~..i ;o t.),)I l;J,:-1;me11l ..;4,:f ,l(th nc. i'-.:: .:~ , 1!ira:.;n:· S0 u1n 4 :," ~9 Wt:SI a J tst..1~r. of 20 f~1. 10 ,he 1enninus o f 1h~ herein t, ... :: !.!, 2(~ fx c:a ... cm ent :<nic~IIO( and t.~e btp.mm ng of the herein ct s.c:n btd 10 fOOl J,c:ri~t"i. ~m~r l•· e r •• _,· .on ~.n· ~L ul.-. J ~· :tJ We$.!. ·:, ~'":e r.ortl\~~I) bank or lht Ced4r River and the Tl,.L', •·. ::ht ti.: CF· J c .. i:r ,~~ jt; flll.Jt U \!:T.a11 Cl RIC .nc . .-•: ... ~•.u.~· ,.i: J>;,;:tJ i'\ :,;14t: H1 ~nw.h r5 ::znc Ju: )-1ulhwcMc r l) marg 1r. of Prir.iary Sia,c ::; ~ , ·~. n-:1:c he :r inhc!nr,:,. rclc r !l• 1 llgru:11:n~ c:usung 1r. 1959 I • = :: _, £ ______________ ..:_ f COV l'IIOl'S !?.!!!?. IN TH! l<A.TTn O'f Sl 169, llentOD: Kapi.-od to Jct. Sl 405 IQi~ AU l(!!I IY Tll!SII. PUS!lffS. t!\&t TIii STATE OP 111.SliIIIGIOll, f o r aDd in con•ideu tlon of SUTall TIIOOSAIID ~ lMll>UI> IJIO ll0/100 ($16,400.00) l>OWI\S , h e , eby c .,_.ya and quite l.aiM 1111to PBtLl? UPIU CONP.llff , IIIC. , & \lub.1ngton corponttoo , all ito c tght , title and l.lltuut, to &Dd to the follovl.111 d ucr1l>ec1 ual propeny situated h. U...., ~ounty , State of Vub.iagtoo : Pa r c~l "A" That portion of t.bo: (ollowtag clNCrt l>ed Trut ''X" lying oou t.b- -.te rl7 o f • 11-d-.-panll.el '"1th. aod 45 f•t """'t-nuly, wben --red at ript .,.:i-, fTOa tl• cenur 11• aurv~ of SI. 169, kutoa: Kapl-to Jct. Sll 405. Tra,:,t "1° That portico 0£ ~ Lot a, Sect1oo 17, Towoeb.1p 23 llonh, lb113 e 5 taat , 11 .ll., du<eribed .. foll.Dwa: lleg1.nniag at • point Oil the ..,..ti.-aterly l 1oe of the Maple Va.l.ley !wad llortb. 5 6°43'47" llut 306,07 feet f,-tlac uitcrMCtion o f aaicl aautlNeaterly u,.. w1.dl th• .. n line of •aid Coff..-nt Lot ; t belce coatillUiag North S6•43'47 .. l/ut 140.00 feet ; thence So,,tb 32°52'13" llut 63.l& feet; tbeDCc South 11"56'13" vut )9 .52 f eet; t bence Sooth 56"43'47" tut 125 .18 f eet ; t -e !lortb 33•1&' 13" Ea<lt 100.00 f eet t o the point of begismlag . TOGETIIU vttb .. pcq,eciaal -aad right of vcy O'f'cr, u pc>P, .mder and acr<>t1a the fol1-1aa .i-crtbecl par c el of aal: Be&1-1.D& at the """t1-et con,er of tlac berec.ofoH de«rtl>ed ~real of uDd ; tbacc South 56°4)'47" !:Mt 7 feec co the ~ pol.at o C l>agi-1.lg; cha>ce Soucb 33 "16 '13" lleat 15 fttt; tllmx:c SOutll 56•4J '47" East 1 0 feet ; tbeev llorth 33 •16 ' ll" bat U fact ; thence llortb. ~0 4 3'47" Wcet 10 f -t t o the tnac pol.at of bes1-1.as ; aaPTDIC u:y porUoa of acid -pr --. '4lldcla -,. l>c le&Md to the C ity of batoo , 11&.abi,.tOG, for tile --of COOYtracti,., oper•tlDS , •intaiJliag al>d rap&iri"I a 6 1ncb -1.tary -r 11.M. SUI.JtCI TO tbe t ~nry rip,t, pendt , llc-and -t to uae &1111 occupy tbot foU-US ducribcd laada dcalpatcd aa PAICEL "II" aD<I l'AICEL "C" few thc ,....,.._ of facilltatiag hl.&Jw•Y co11atnoc:t1oa ~D<I opeut1111C all <1«a.-r, acbiaeTy aDOI eqa1,-..c t bereoa at uy a,xl a ll t iaa fr .. tJae dale bcnof ,mtll CoapUtioa of tlM COll&tnict.foa ; after co,apletioo of c.,_tnctioo, all dpt& c iu-1 ualcr ll&LI -- N2lU •ball be attaptalMld. Pa.reel 1'B,. That portioo of .. 1d Tract "r' l~ vithln a a tr lp of land bntllg a vicltb of 2$ feat lfhl -tloooaaterly of, adjacaat to md COQtisuoue vi~ a U-dr-,.aillel ridl mid 4S f•t -thwetcrl 7, vbal -..i at rtsbt as).u, froa tloe ceat.cr l1De aurny of aaid B1gla,a7 Ad ex~uac fr-a poiat -ita IHtl-1 t.gi-r•a S tatioa lSl.&+48 -~terly to t be ... ca-17 bomodUJ of .. 1d Trut "X". Pared "C" That porHOll of NiJI Tract "l" l:,t,,s '"1th1'1 • .cr b o f lad brr~ a width of 4S hat 1:,1,la -t.laoMcerly of , Mjac•t t o and cOllt1S-- v1tb a liae cl ~ parallel rid! .... 4S t .. t -u.eeterly, vlieD he-l 0~ 2 , .... I • --.rN at dOt: ... J.M .. fraa ti. catu 11M aan.,. of uiAI Rigmcy ..t_•"-"11& fra • poiAt ~t. ~ ha;i-'• St.st1aa 'lSJ.t,+,,IO ow-dweiltuly to tM Nterlr bouiar, ot ••...d ~ct "'X", certai.r.o 11a1.p of definic. loc:::•U-o». DOiii' of NtC.ord ud c,u file in tht Off1c1: of the und.1H: l.uditor' 1 file ._.r 720306040!i, NIConMI of a.a1d Coan.ty . .Uth ... of t~ traw=lina public OT bu,d-u -~ of u, Fede,raI~a.i.d h.1..ghw•J (wc\l 11s ~t~, s!eepiag, rut, :recr-t1011., •Dd 'f1tb1cle ..rv1c..iJIKJ, it .tll aot di•- "Ii:-am;por:u.ti.ou., Subt1tle A, Office of th• Secr•t:ay of fr-.--port.ati011, Part 21 (49 c.F.k. Pl.re. 21}. &ad u add leplc:ic,a-, ff --4ed, I.C.ll-.4-02068 hl•2of2Papa r ' I "l:QIIIDfll _J)f ____ _ _ l!EQIEST Oi .-----------------------------:---~~;~~~::1-,,,-'"":~~--c-~, ' ' ·-··----,l' a , ·-·--· •< "~ '.:--~. ., :~ -·~ I / .-· 1 I / I I /; '·<, .. ;:.~ / ittit ' ~-: I .. - °" CLO :--·-"'kcc'::.'_:;,.c_~"'" ..... 0 L() ,, ' . Y. = -C"l =:=..-; Gcl--=s,: t-~cs.: <____;;.~s § _@-~. 2~:{ ~IS -N, . 0 . , -! ' ·, I j J rS:•t·'., S::'?f' Flle-r", '~r 1•1e ,~-:~,, 1r, 9~,J;' .:ii tr,:, •rx,1·" 'cl ;r; · ~\>ti£NS TIHE. CiJMl-'IINY EDG.',.:l R. R·J;"l~NJEt':, 1'5 ,H4 NE R::~e,1;0 rJ]•;d, suit~ 101 9280km ------------------- Statutory Warranty Deed ,:._,,;".JRViNG '[·:) ·"~HE T,EGAL ;.JESCRIPTTON DESCRIBED IN ~x1~rn;.1· A iiEk):';'(J A.':'T'AC.'{:;,-:-: t,t:o JNCOHPORATJ:rn BY THIS REFEF};i'i"CE AS :'80\JGl-J ~ :,·,·, ~OI<l':-' r N !'ill. , a·,,il,J)~C'l' _;\.'.: ;__c·,·,:1,,:n1ts, ::,onditiori::;, rcst;:-;,:::tion~. ,,,.0,,:;··\Ji.'.110T.s ·-.,..;,:,~i.:r,t..; :,;-.(i ,.P::;ol'l~:r,er.t!,.; of rcccrd, accor<:1inS 1:0 f,:.h1h1t :3 >-:c,r·,,r::i c;;to:::hl'\.i ,~nJ :.ncorpoJ:."uLed he.rein \)y t1n;; 1 ,,)2;:w,::-,::, ... l· Jfr:PII r-:~1-:\ !'.\·::I' I \( ·,; \T\'.'r.::f;(;f\1/:-...· cT,]1 \' ~.,.•,. of \\'.,si:u:1:I·"' 1.'.0111111· "f I (",·rill) IIJC,1 i ~ .. ,,,·, or h,, l ,o(,, "!''') '"''"' l,F •.) u ,, >'W·'' ,h11,nsi-u,r1,,.; ,,r Q~lh ',(a:,., 1h,,1 ,::"• 1h,., ,~,, ,~tn~,,,r.: 1, iw,·at,•!h ,n,itui;-, .. , ,rid .. ,·kn.~·.1ied~f'i ll '" (lw. -------------------- .E~-:;. P\ lll'-: '.t:o.t :;,;rticJr <'f l~.e ~r·:.ow1ng :f'S.:'r1bfd tr,11~t tyinlj 5011th..,este.-!1· :,~ s1 u;t, drd .. r, cii:r.;!lt·l ,.,t.~ ,;i-,Q :::e1r:~ ,~ teet d1cst.id So11th«esterty, wh!!'n ",l:',1.,,;red. Jt "1:>-,t .iN;le":> , ,'01> ~~2 :·e~~-~r · 1 roe 51.:-•;fay c' Sf/ :b'J, Renter: h!.iple .. ood te, Jc.:t, S~ ~2: ,,,-:~,~:,~, ::.~ Gavi::"c·~•ePt '.Q~ 3, C-'!Ct:on 17, Tow11st',1p 23 Nr<rth, .:~"ge '.i i::<l-5~, ,;.·~. "'.~.; ,·~--~,r . ..'dsh l';Jt':-r, ~'"~crt:~d ~5 fo!J<J,.St .s-.,~ :,~ .. ~.c. ~~ ";iv,r.t :,r ~i,1~ ·::.:rn/i~,e5~e-rJy line 0f the rup.e 1,/~Jiey Rc.ld 11,,-r.;int Ncrtt"o ~" • s:-Q' .,~.., _;,._,., 47~ ,ie•.~ 3i':5. 37 feet frcn the rntarsection of 1o11ct S,Juth"'"~te,.ly 1 in• e-.t, 'te'!! E~!it 1,:-,e o;" .,~:::: Go•l!r~r:-~nt Lot a; r,£,~·r:E ::'('11.ru;'>; ·•b"~ri S5 ~e~rlc'~5 43''-.7" W@st 14~.~0 fl!'t"tl El,:E Sc,)t·· ctp::-~~5 :5~' !-3" Wes: 63.18 feet; ~-E,\'.:'E [c:,_t-1! cegr~1<,; ;55' :3" WI!~~ 3'3.:i2 feet; 'f'-t-.r-..·.·,: 'c,:,,_U·. ~G :;e~,-e~s -r3' .:.r' Eas: 12~·. l!! fl!i'i;>t; ··E<•>~i'C ,,---::-t" 3..; -:ie11-e~,; '.:'>']J" E,~~ 100.~ fl!l!'t to thi;p Po,nt Jf Be!linl'li-~. PC·r't\'J"· ::,~ l;.=.ver'>llc'",t 1,.ot ci, ~ec~ion 17, T<iffn5hip i.!J Nci,·~h, ilan~eo ~ E,1<,t, 1,1,M, . ..:.,·5.;-:t"l!'d "'.!< fo! le .. ~; Segi.-,r,,,s; ·r,teri1111~t;,..,r ,;:.f E",H,t :rn" of •aid Govermn•nt Lot i,uth thli! C<)utr·.eriy ""'r;1r. or l'l.ip1e V.i.U.ey Hiqhw.iy; "Tf<ENi:.."£ Nc,:"t~ ~5 dagre11s .i,3,1a.7• We~~ .ilor.~ thl!' ,;il1d Southerly aia,rgin 16,7.1,a f~d tc t:,1, J(\M or cltt~inr.ir11,H <~·E!'ol:ic So·,tf, l d1ti.ree H' C-3~ ~et~t ;:o1r 'le: ~o thl! filst :ine c.r' so1J;;: :Oo111rr.11111m ;.ot, 17,':tf. r11et t; an lnt-t!'r.,e.ct1,;,~ i,n:-.. dr,e t~ r1111t South>tt-!lt of lrPll!,1$\.ll"f!d "~ n~ht ,;~g;it'I!! .. '."ICI ~r~llttl w1tl1 th, Soo;t'> .. e~t Rc•d :trie; -rEN2E 1110-tr. ~ c:ht\;lr~es 4J• 47' I.a~: pir<llli!'l to th11 S01.1therl:, ri,ar~in of ;, .. iQ .. HtJ'1,.,1y ,:0:. ,; fll!'dt; ··re'iCE ',o•·t: 33 ~l!'gree?; :r;:.• ~3· Ea!: to the Southerly qr.i.r~in or !l.,1jq ni!Jh .. ay; ,-i-,~r,:.;;; C:<1:!>t ~,o.,~ tri~ 5c:,t.tt'erly 1'ii~!il;n ,:,f 5.;ijd h-lgh1oay to the PoJnt of Eis"~ir,~:nr;: ,;",.,t nrt~or ~~.~rec,f l:,;n~ •,,:,dric.is~erly of a line dr<1•H1 p,i.rallt<: ;,ttl" ar,q ~e-'t-'.'.': Lee': (;'l'!tilrt. Sc1.1tt, .. estc,..!.,. t,hll'n r,,eosyre~ a~ right anEll!~ <1110-/,;:,· rad:a<C:• (;(!-i~er :..:.;-,i, S•~r~ey :;r SR .S9, Rf!rtton: i'laplc"'ood tc J,:;,t. SR 40~. E;XHIB1T A -------·- ~ '~ ,l EXHIIHT B ~5i::~'iGllCl:J~ ~NU/GR EX<'.Ei'P:ONS GONTAIJ'E:D IN JNSTIIUl'!ENTi ·'r<".:,i;; H!!Ortry J, S.rt0ri, •t .111 ~~.:onil;'>O; Jr:+Nl.JHR'i ~' l9•e ',f'{",::·<:'tr'.; t,o,; .?<216•6: ,·1-s i=o: (0,1':l. 11.(j<!,!lrv111g to lh• 11r•ntors •ll coal, riunli1r•1 .;f;fj Ol! "ll:~:~ j ~ ,·"<J <.11'~!!!" :.~a 1,.r,;,c11 of Uld l•nd, iogettler odth t!Ht rlgh~ t:, e,-,;,_.,... t!ierf!,::r. •. r: ~, r,I!' Offl!'C't!,; ri:raave t!ie ~~1111!!' • S-Oi.t.~e,11tl!'rJy port ion or P<trcel A and 11,P"Cel B ,:;s~~~'i-:-.. C'!S ,"\l\"[•/CR :;:xccc;;;;:;r,s ':ONTAl~D lN Ii'oSTRL:f'IE~T: '.°,,K",rC4<: -=,·dir,~ ""·. c., f";:'. "" ~. Henr)· J, S•rton, et ,1J /IIA~CH '9, l':l'\.:l ..>2•F!:!6e' E)lµr=11ly •>:r::l!pting at1C re'!o.!."rvi'rl~ lmto '::iie grar,;ar~ 1' . . i' •:~ r-,iir!!. a,-d Jt."..!5"s ,1~; c,r.,,ii 1 111,.,..r.al'I and oil :n ,1nd 11nder thl!' .,.,,-rqce< o~ ,.::id ... n.:,·• \0~<1t~,l!'r .i:.t.~ t:1<! ,-~r.i to •il'lll .;in(j rl!'lllOVI' th• sa.. Out 1<.i.thout t.>ie rJ~ht to h" \..pQ~ :-,11 5'.cr~;,c~ ..i·' "l.;.i.:'. l,1,r,ds for-,1,11::h p\lrpOiH. Th11 ;l"antor-'!o st."!l .,iroti,:;-';; !ll >!..r~;,co ;:;f s"id ~ar,;:l!!:, f~va ~u dui,1ge5 .. risln11 c._.t of '5\lch "'ir,[r.g er r.rmovai) ,:ir "" ce,.,J minl!ra;~ or :>~L ·r, .• ~, k.-t;;, di5i..i" .. : : '. 11,:pre!;!ly {1'1'!1;1Jrl!' il!ilainst any los, or 0~1111 tr, ,111i',.t1ng .c·.::rQvP,,erits, ,,·,clc..dll'l!l, lal .. n:,;, siir«bO.ry or tr111ts, ri'51Jltir111 fro .. th• l!'Y.~Y'(''.s• or cJny w.h t,:; '.!51!' thw 5c. ~ o1c• ,::,f" 5atd p .... J 51'~ far th111 1t~trac:tion or CevelOllfl'l't'nt <;of Hu! ," 11,5 .. ~, .. d 11 l ner<1 l 1. ,, Sf:!S<c."l!:l'o~ tm:, Fe-:o~e:f: ~~·~o'.J•·d;,·,'l No. "PQ';;f>; CON.:>:~lONS C::ll'H.:l;'E} ':rERElN, AS DISCLC~ED BY :NSTR\J!IEHTi .TUN!;; 3, 1 'J.87 8706030:!'36 ~J.11:11,••Y .:cnstructlon ar'IQ opl!~.Jtrng .tl! h~Ce!iill,ry 111o1c'1cner-y .ind 1rnuipaent thitreQn Norl'/·,.,.<1stel"ly ~ fet ar P•l"C:el J3 • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT --------Renton® AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN STATE OF WASHINGTON COUNTY OF KING Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov ) ss ) sworn on oath, deposes and sa ~ being first duly 1. On the \ s-\--day of NO\JembeJ , 20__lk_, I installed 1- information sign(s) on the property located ~2~'-~l=3~1~ffi-'-'-"o"'p"'1e.~V~o.=l=\e~y,__...\h~,.,,.'( ___ for the following project: AT,1--T SDZ~ Ceon.v R..(,\/U Project Name public at Owner Name -\J'fDje_c.J-Own.-e • 2. I have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. 3. This/these public information sign(s) was/were constructed and installed in locations in conformance with the requirements of Chapter 8 Title 4 of Renton Municipal Code and the City's "Public Information Signs stallation" ha dout package. -:T Install Signature ,-J A I SUBSCRIBED AND SWORN to before me this .3::_ day of IV ,1 :/Pllt l::>C y otuy State efWUllla1toa Kelly M McFarlane MY COMMISSION EXPIRES NOVEMBER 12, 2018 rn 11lc . ncj for }:j State of W¥hington, residing at --~,~S.,_,_e.,... __,±£_._.._.,.<~, _,_wc.,_ __ tr__,__ ____ . My commission ex pi res on ___ l...:.1-1(--'1_1-_1-/_,,2.IJ::....::__,_l_.,.8"---- 7 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Pub Info Si~n Handout.docx 1~[1\/ () 9 )Q"5v.04/2016 '('lato nnlJl•i•nW lo aol• , ,,, 'clr1C'>lc '·foM Is' ?3fW,,~,, ~oi;;:211,;,,/:, !HOS ,s;; A38M:! ,co· ,,.__.....,....,.,.......,,,,,"' . ) ,;--4 \ \: Q) t ·:::.. a ' ot.o: CL -5" ) C ) 0 ·-0 ~l ~~o 1 u >-i:: ~ +J I Q) ~ C ~../ c1n;1 > 0.. Q.) ·-ct: 03 ?C \ ct: [ \ 1 ( :)6 Q. ct :E 1 0 t u ..., ct .... w --.J C C 0 0 ::c a: 0 a:i ::c l:1 ,.... w z (.fj Ct:, Li', 0 O', .... a . ~ I o·, z .... I RECEIPT EG00061899 BILLING CONTACT MASTEC NETWORK SOLUTIONS 210 Interstate North Pkwy. Suite 300 Atlanta, GA 30339 REFERENCE NUMBER FEE NAME . ''""" , . .. . . ...•..... ,. ... ....... LUA16-000861 PLAN -Admin Conditional Use Technology Fee Printed On: November 09, 2016 Prepared By: Clark Close ---------Renton® .. . ···.··· TRANSACTION TYPE Fee Payment Fee Payment 1055 S Grady Way, Renton, WA 98057 Transaction Date: November 09, 2016 PAYMENT METHOD Check #115449 Check #115449 ·~-,,,~ n SUB TOTAL TOTAL NOV O 9 201.6 AMOUNT PAID . . . . .... $1,000.00 $30.00 $1,030.00 $1,030.00 Page 1 of 1 Departmenl of Community and Developmenl City of Renton I 055 South Grady Way Renton Washington 98057 To Whom It May Concern: AT&T Mobility (AT&T), owner of the property al 2439 SE Maple Valley Hwy in Renton, Washington. does hereby affirm its unders1anding of the exisiing soils condi1ions and accep!s 1he risk of developing a new lelecommunications tower and equipment pad on this site. AT&T Mobility oblained a formal Geotechnical Engineering Evaluation and Geologic Hazard Report from Adapt Engineering, dated April 29, 2016 and September 22. 2016, respectively. These Sludies contain detailed infonna1ion regarding the existing soil conditions and provides recommendalions regarding the construction procedures and equipment pad and tower foundations, as well as an assessment of geologic risk associated with the proposed site development. Our license structural engineer designed the telecommunications tower structure to fully incorporate all the geotechnical recommendations into their deep foundation design. The general contractor to be hired for construction will acknowledi!e in writing that they fully understand and will implement the geotechnical engineer's recommendations. But should the need arise, AT&T agrees to provide the Geotechnical Engineering Evaluation and Geologic Hazard Report 10 any prospective purchasers of this site or portions of the structure, on this site. AT&T will also provide ••-built drawings of lhe proposed structure to any prospective purchasers, clearly showing all structural sysicms designed to fully comply with the recommendations contained in the Geotechnical Engineering Evaluation and Geologic 1-1117.ard Report prepared by Adapt Engineering. Should you have any questions or require additional information, please feel fn:e to contact Lisa Bromann. '." _,/ ~-_ Signature:];/~~-. • ~ignatun::_· _,,~~-----~-~ -,..;-... ""~,_--__ -·_·,..,,,,.-. ....,')~- ' I Lisa Bromann Project Manager, Real Estate and Construction, LTE, PNW AT&T Mobility Katie Kenney·· Senior Program Manager MasTec Network Solutions -f·t4r 'T,'"'.._ ADAPT April 29, 2016 Adapt Project No. WAl6-20531-GEO AT&T Mobility c/o Mastec Network Solutions 1203 l 14'h Avenue SE Bellevue, Washington 98004 Attention: Dan Kelly Subject: Gcotechnical Engineering Evaluation SD24 Cedar River 2439 SE Maple Valley Hwy Renton, Washington 98056 Dear Mr Kelly: Adapt Engineering 615 81n Avenue South Seattle, Washington 98104 Tel (206) 654-7045 Fax (206) 654-7048 www.adaplengr.com Adapt Engineering (Adapt) is pleased to submit this report describing our recent geotechnical engineering evaluation for the above referenced tower site. The purpose of this study was to interpret general surface and subsurface site conditions, from which we could evaluate the feasibility of the project and formulate design recommendations concerning site preparation, equipment pad and tower foundations, access road, structural fill, and other considerations. Our scope of services consisted of a surface reconnaissance, a subsurface exploration, geotechnical analyses, and report preparation. Authorization to proceed with our study was given in the form ofMastec Network Solutions (Mastec) Purchase Order Number 832303 prior to our performing the work. This report has been prepared in accordance with general accepted geotechnical engineering practices for the exclusive use of AT&T Mobility (AT&T), Mastec, and their agents, for specific application to this project. Use or reliance upon this report by a third party is at their own risk. Adapt does not make any representation or warranty, express or implied, to such other parties as to the accuracy or completeness of this report or the suitability of its use by such other parties for any purpose whatever, known or unknown, lo Adapt. Adapt Engineering We appreciate the opportunity to be of service to you. If you have any questions, or if we can be of further assistance to you, please contact us at (206) 654-7045. Respectfully Submitted, Adapt Engineering, ;'! .: .. l~ 4-/ 7_7 i / i,, Steven M. Losleben Kurt W. Groesch, P.E. Staff Geologist Senior Geotechnical Engineer ~J1&~=~ K.V.W,P. Eng. Senior Geotechnical Engineer Senior Reviewer Attachments: Figure I Figure 2 Boring Log Location/fopographic Map Site & Exploration Plan B-1 AT&T Mobility do Mastec Network Solutions Adapt Project No. WA16-20531-GEO April 29. 2016 Adapt Engineering PROJECT DESCRIPTION We understand that current development plans call for construction of a new 50-foot wood laminated telecommunication tower and equipment modifications to an existing associated cellular equipment cabinet pad. The site is located at 2439 SE Maple Valley Hwy in Renton, Washington; as shown on the attached Location/Topographic Map (Figure I). The site may be accessed south off of Maple Valley Hwy through an existing asphalt parking lot. The existing and proposed site features, in relation to our exploration, are shown on the attached Site & Exploration Plan (Figure 2). It should be emphasized that the conclusions and recommendations contained in this report are based on our understanding of the currently proposed utilization of the project site, as derived from written and verbal information supplied to us by Ryka Consulting (Ryka). Consequently, if any changes are made to the project, we recommend that we review the changes and modify our recommendations, if appropriate, to reflect those changes. DOCUMENT REVIEW As a part of our study, we reviewed the following maps and documents pertaining to the subject property and vicinity: United States Department of Agriculture, Natural Resources Conservation Service (Formerly SCS}, King County, Washington Washington State Department of Natural Resources, 2008, Tacoma Quadrant, King County, Washington, Washington State Geology Index. In addition, Adapt has reviewed the results of previous explorations accomplished in the immediate vicinity of the project. Our conclusions and recommendations are based in part or wholly on the information contained in these documents. Our geotechnical recommendations are based in part on the accuracy of these documents; Adapt assumes no responsibility for errors or omissions resulting from possible inaccuracies on these documents prepared by others. EXPLORATORY METHODS We explored surface and subsurface conditions at the project site on April 21, 2016. Our surface exploration consisted of a visual site reconnaissance. Our subsurface exploration consisted of advancing one test boring (designated B-1) to a maximum depth of approximately 41.5-feet below existing ground surface (bgs). The procedures used for subsurface exploration during our site visit are presented in the subsequent sections of this report. The location of the exploration advanced for this study is shown on the attached Figure 2. The specific location and depth of the exploration performed was selected in relation to the proposed site features, under the constraints of budget and site access. The boring location and other features shown on Figure 2 were obtained by hand taping from existing site features; as such, the exploration location shown should be considered accurate only to the degree implied by the measuring methods used. AT&T Mobility do Mastec Network Solutions Adapt Project No. WA16-20531-GEO April 29, 2016 Page 1 Adapt Engineering It should be noted that the exploration performed for this evaluation revealed subsurface conditions only at a discrete location across the project site and that actual conditions in other areas could vary. Furthermore, the nature and extent of any such variations would not become evident until additional explorations arc performed or until construction activities have commenced. If significant variations are observed at the time of construction, we may need to modify our conclusions and recommendations contained in this report lo reflect the actual site conditions. Auger Boring Procedures The boring was advanced using a track-mounted, hollow-stem auger drill rig operated by an independent company working under subcontract to Adapt. A geotechnical representative of Adapt was on-site to observe the boring, obtain representative soil samples, and log the subsurface conditions. After the boring was completed, the borehole was backfilled with a mixture of soil cuttings and bentonite chips. During drilling, soil samples were obtained on 5-foot depth intervals using the Standard Penetration Test (SPT) procedure (ASTM: D 1586). This test and sampling method consists of driving a standard 2-inch outside diameter (OD) split-barrel sampler a distance of 18 inches into the soil with a 140-pound hammer, free-falling a distance of 30 inches. The number of blows required to drive the sampler through each of the three, 6-inch intervals is noted. The total number of blows struck during the final 12 inches of penetration is considered the Standard Penetration Resistance, or "blow count". If 50 or more blows are struck within one 6-inch interval, the driving is ceased and the blow count is recorded as 50 blows for the actual number of inches of penetration. The resulting Standard Penetration Resistance values provide a measure of the relative density of granular soils or the relative consistency of cohesive soils. The Boring Log attached to this report describes the various types of soils encountered in the boring, based primarily on visual interpretations made in the field and supported by our subsequent laboratory examination and testing. The log indicates the approximate depth of the contacts between different soil layers, although these contacts may be gradational or undulating. Where a change in soil type occurred between sampling intervals, we inferred the depth of contact. Our log also graphically indicates the blow count, sample type, sample number, and approximate depth of each soil sample obtained from the boring, along with any laboratory tests performed on the soil samples. If any groundwater was encountered in the boreholes, the approximate groundwater depths arc depicted on the boring log. Groundwater depth estimates arc typically based on the moisture content of soil samples, the wetted height on the drilling rods, and the water level measured in the borehole after the auger has been extracted. Subsurface materials encountered were logged and classified in general accordance with the Manual Visual Classification Method (ASTM D 2488) by the gcotechnical representative. SITE CONDITIONS The following sections describe our observations, measurements, and interpretations concerning surface, soil, groundwater, and seismic conditions at the project site: AT & T Mobility c/o Mastec Network Solutions Adapt Project No. WA16~20531-GEO April 29, 2016 Page 2 Adapt Engineering Surface Conditions Our surface exploration consisted of a visual site reconnaissance. The proposed tower location is located approximately 20-feet northwest of an existing telecommunication equipment facility, in an approximately 14.5-foot wide grass median that separates an upper paved parking lot to the north with a lower paved parking lot to the south. The grass median has a concrete retaining wall on the southern boundary that is approximately 8-feet tall in the vicinity of the proposed tower location. The proposed tower, according to the "Proposed Enlari;ed Site Plans" provided by Ryka, is to be placed approximately 12-feet north of the concrete retaining wall. The grass median is slightly sloped to the south, towards the existing concrete retaining wall. Subsurface Conditions At the exploration location designated B-1, the test boring encountered approximately I to 2-inches of asphalt pavement overlying roughly 6-inches of silty sand with gravel and approximately 2-inches of relic concrete. Below the relic concrete, the test boring encountered very loose, silty sand until an approximate depth of 7.5-feet bgs, which we interpret to be possible fill associated with construction of the concrete retaining wall. Below these surficial soils, the test boring encountered very loose, poorly graded sand which showed silt laminations at approximately I 0-feet bgs. At an approximate depth of I I -feet bgs, medium dense, poorly graded sand with gravel was encountered. Very dense, poorly graded gravel with silt and sand was encountered at approximately 20-fcct bgs, overlying IO-feet of dense, poorly graded sand with silt and gravel. Below an approximate depth of 35-feet, dense, poorly graded gravel with silt and sand was encountered, which became very dense with depth and then extended to the full exploration depth of 41.5-feet bgs. Groundwater was encountered at an approximate depth of 25.5-feet bgs at the time of drilling. It should be noted that throughout the year, groundwater levels will likely fluctuate in response to changing precipitation patterns, off~site construction activities, and changes in site utilization. Seismic Conditions Based on our analysis of subsurface exploration logs and a review of published geologic maps, we interpret the on-site soil conditions to correspond to Site Class D, as defined by Table 20 .3-1 within Chapter 20 of ASCE 7 in accordance with the 2012 International Building Code (!BC). The soil profile type for this site classification is characterized by stiff soils with an average blowcount between 15 and 50 within the upper 100 feet bgs. Current (2003) National Seismic Hazard Maps prepared by the U.S. Geological Survey indicate that peak bedrock site acceleration coefficients of about 0.321 and 0.625 are appropriate for an earthquake having a 10-percent and 2-percent probability of exceedance in 50 years (corresponding to return intervals of 475 and 2,475 years, respectively). The !BC mapped spectral accelerations for short periods at the subject site (Ss and S 1; Site Class B) are 140.8 and 48. 1 (expressed in percent of gravity) at 0.2 and LO-second periods, respectively with 2 percent probability of exceedance in 50 years. In accordance with Tables 1613.5.3(1) and 1613.5.3(2), Site Coefficients, F, and F,. are 1.000 and 1.519, respectively for a Site Class C. Therefore the adjusted MCE ground motions are SMs~1.408g and SM1~0. 731 g. For purposes of seismic site characterization, the observed soil conditions were AT & T Mobility c/o Mastec Network Solutions Adapt Project No. WA16-20531-GEO April 29, 2016 Page 3 Adapt Engineering extrapolated below the exploration termination depth, based on a review of geologic maps and our knowledge ofregional geology. CONCLUSIONS AND RECOMMENDATIONS Current development plans call for the construction of a new 50-foot wood laminated telecommunication tower and equipment modifications to an existing associated equipment cabinet pad within the proposed lease area. Based on the subsurface conditions revealed by our field exploration, we recommend that the proposed tower be supported on a drilled pier. A drilled pier can provide a cost-effective foundation for communication tower structures, provided that adequate embedment depths can be achieved with the drilled pier augering equipment, that the site is accessible to the drill rig, and that drilled pier contractors are available within a reasonable distance from the site. Alternatively, a reinforced concrete mat foundation may be selected if difficult drilling conditions are anticipated due to the presence of shallow bedrock or boulders, provided that the proposed lease area can accommodate the generally larger excavation plan area required for a mat foundation. Given the size and orientation of the tower and lease area, il does not appear likely that a mat foundation could be used due lo the site constraints. For planning purposes, we have therefore provided design criteria for compressive, uplift and lateral support of a drilled pier foundation option below. Our specific recommendations concerning site preparation, equipment building or cabinet foundations, tower foundation, access driveway, and structural fill are presented in the subsequent sections. If further consideration of a mat foundation is warranted, Adapt may be contacted for design criteria Site Preparation Preparation of the lease area for construction should involve clearing, grubbing, stripping, cutting, filling, dcwatering, and subgrade preparation. We provide the following comments and recommendations relative to site preparation. Temporary Drainage: We recommend intercepting and diverting any potential sources of surface or near-surface water within the construction zones before stripping begins. Because the selection of an appropriate drainage system will depend on the water quantity, season. weather conditions, construction sequence, and contractor's methods, final decisions regarding drainage systems are best made in the field at the time of construction. Nonetheless, we anticipate that curbs, berms, or ditches placed along the uphill side of the work areas will adequately intercept or divert surface water runoff away from the work area. Clearing and Stripping: After surface and near-surface water sources have been controlled, the construction areas should be cleared and stripped of all vegetation, topsoil, and debris. Any miscellaneous materials stored in this area should be relocated. Our site exploration indicated surface soil conditions consist of roughly l to 2-inches of asphalt overlying silty sand and relic concrete; all mantling silty sand which may be possible fill material, but significant variations could exist. It should also be realized that if the stripping operation proceeds during wet weather, a generally greater stripping depth might be necessary to remove disturbed, surficial, moisture-sensitive soils; therefore, stripping is best performed AT&T Mobility c/o Mastec Network Solutions Adapt Project No. WA16-20531-GEO April 29, 2016 Page4 Adapt Engineering during a period of dry weather. Backfill materials, where required, should be placed and compacted according to the recommendations presented in the Structural Fill section of this report. Excavations: Site excavations ranging up to 2-feet deep are anticipated to accommodate the proposed equipment pad footings. Based on our exploration, we anticipate that these excavations will encounter roughly I to 2-inches of asphalt overlying silty sand and relic concrete; all mantling silty sand which may be possible fill material. We anticipate these surficial soils can be cut with conventional earth working equipment such as small dozers and trackhoes. Backfill materials, where required, should be placed and compacted according to recommendations presented in the Structural Fill section of this report. Temporary Cut Slopes: All temporary soil cuts (greater than 4-feet in height) associated with site excavations or regrading activities should be adequately sloped back to prevent sloughing and collapse, unless a shoring box or other suitable excavation side wall bracing is provided. We tentatively recommend a maximum cut slope inclination of 1.5H:l V (Horizontal:Vertical) within the surficial soils that will likely be exposed within the upper 4-fcet below the ground surface across the site. If groundwater seepage is encountered within the excavation slopes, the cut slope inclination may need to be on the order of 2H: 1 V, or flatter. However, appropriate inclinations will ultimately depend on the actual soil, rock and groundwater seepage conditions exposed in the cuts at the time of construction. It is the responsibility of the contractor to ensure that the excavation is properly sloped or braced for worker safety protection, in accordance with OSHA safety guidelines. In addition to proper sloping, the excavation cuts should be draped with plastic sheeting for the duration of the excavation to minimize surface erosion and ravelling. Dewatering: Based on our site reconnaissance investigation, we do not anticipate significant groundwater seepage within the upper 2-feet. However, perched groundwater may be encountered depending on the actual excavation depth and the time of year that construction proceeds. If groundwater is encountered, we anticipate that an internal system of ditches, sump holes, and pumps will be adequate to temporarily dewater the excavations. Subgrade Preparation: Exposed subgrades for shallow footings, slabs-on-grade, roadway sections and other structures should be compacted to a firm, unyielding state, if required to achieve adequate density and warranted by soil moisture conditions. Any localized zones of loose, granular soils observed within a subgrade area should be compacted to a density commensurate with the surrounding soils. In contrast, any uncontrolled fill material or organic, soft, or pumping soils observed within a subgrade should be overexcavated and replaced with a suitable structural fill material. Frozen Subgrades: If earthwork takes place during freezing conditions, we recommend that all exposed subgrades be allowed to thaw and be recompacted prior to placing foundations or subsequent lifts of structural fill. AT&T Mobility c/o Mastec Network Solutions April 29, 2016 Adapt Project No. WA16-20531-GEO Page 5 Adapt Engineering Equipment Foundations Based on available site plans, it is our understanding that the existing equipment pad will accommodate the proposed equipment upgrades associated with the project. Therefore, it does not appear necessary to construct a new equipment pad. However, should it be necessary to provide an extension or improvement to the existing equipment pad, we recommend that, support for the equipment cabinet pad will consist of a poured-in-place, concrete slab-on-grade with thickened edges; we recommend that these thickened slab edges be designed as spread footings. Alternatively, the equipment support pad may be designed as a structural slab-on-grade with a uni form thickness and a reduced bearing pressure. In either case, we anticipate that the support pad bearing pressure will be relatively light. The following sections provide our recommendations and comments for equipment pad design and construction. Consequently, if any changes are made to the project, we recommend that we review the changes and modify our recommendations, if appropriate, to reflect those changes. Subgrade Conditions: The prepared bearing subgrade soils should consist of firm and unyielding, silty sand. Exposed slab-on-grade, footing or overexcavation subgrades should be compacted to a firm, unyielding state, in accordance with the recommendations provided in the Site Preparation section of this report. Subgrade Verification: Footings or slabs-on-grade should never be cast atop soft, loose, organic, or frozen soils; nor atop subgradcs covered by standing water. A representative from Adapt should be retained to observe the condition of footing subgrades before concrete is poured to verify that they have been adequately prepared. Bearing Subgrades: The proposed shallow spread footing system is expected to be founded on silty sand. Before concrete is placed, any localized zones of loose soils encountered in the footing subgrades should be compacted to a finn, unyielding condition, if warranted by soil moisture conditions. Any uncontrolled fill material containing a significant amount of organic or debris/deleterious materials within the basement footprint area will need to be overexcavatcd and replaced with structural fill, as discussed below. Footing Dimensions: For a poured-in-place, concrete slab-on-grade with thickened-edge footings, we recommend that the spread footing elements be constructed to have a minimum width of 12-inches. for frost protection, we recommend that the footings exposed to frost at this site penetrate at least 18-inches below the lowest adjacent exterior grades, or deeper, according to local jurisdictional code. Bearing Pressure and Lateral Resistance: Owing to the presence of loose, silty sand at shallow depth, we recommend limiting the maximum allowable static soil bearing pressure of I, 750 pounds per-square-foot (psf) for thickened-edge pad footings designed as described. For the alternate equipment support pad design using a unifonn thickness, structural slab-on-grade, we recommend a maximum allowable static soil bearing pressure of 300 psf across the pad area. These bearing pressure values can be increased by one-third to accommodate transient wind or seismic loads. An allowable base friction coefficient of 0.30 AT&T Mobility c/o Mastec Network Solutions Adapt Project No. WA16-20531-GEO April 29, 2016 Page 6 Adapt Engineering and an allowable passive earth pressure of 150 pounds per cubic foot (pct), expressed as an equivalent fluid unit weight, may be used for that portion of the foundation embedded more than ]-foot below finished exterior subgrade elevation. These lateral resistance values incorporate a minimum safety factor of 1.5. Grading and Capping: Final site grades should slope downward away from the structure so that runoff water will flow by gravity to suitable collection points, rather than ponding near the structure. Ideally, the area surrounding the structure would be capped with concrete, asphalt, or compacted, low-penneability (silly) soils lo reduce surface-waler infiltration inlo the subsoils adjacent to/below the foundation. Settlements: We estimate that total post-construction settlements of properly designed thickened-edge footings hearing on properly prepared subgrades will be less than I-inch, with differential settlements approaching one-half of the total. For a structural slab-on-grade equipment pad with a uniform thickness (without thickened edges), somewhat greater movements may be experienced. Tower Drilled Pier Foundations The subsurface soil and groundwater conditions observed in our site exploration are considered to be generally suitable for the use of a drilled pier foundation to support the proposed tower. The following recommendations and comments arc provided for purposes of drilled pier design and construction. End Bearing Capacities: We recommend that the drilled pier be founded below approximately 15-feet below the ground surface. For vertical compressive soil bearing capacity, we recommend using the unit end bearing capacity presented in Table I below, where B is the diameter of the pier in feet and D is the depth into the bearing layer in feet, in accordance with the ETA/TIA G-code. This ultimate end bearing capacity does not include a safety factor. Table 1 Ultimate End Bearing Capacity Depth (feet) Ultimate Bearing Capacity (tsf) Limiting Point Resistance (tsf) 15-25 4.0 D/B 3.5 Frictional Capacities: For frictional resistance along the shaft of the drilled piers, acting both downward and in uplift, we recommend using the ultimate skin friction value listed in Table 2. We recommend that frictional resistance be neglected in the uppern10st 2-feet below the ground surface. The ultimate skin friction values presented do not include a safety factor, in accordance with the provisions of the EIA/T!A 222-G code. AT & T Mobility c/o Mastec Network Solutions Adapt Project No. WA16-20531-GEO April 29, 2016 Page 7 Adapt Engineering Table 2 Ultimate Skin Friction Capacities Depth (feet) Ultimate Skin Friction (ts!) 0-2 0.00 2-10 0.05 10-20 0.35 20-30 0.65 Lateral Capacities: Drilled pier foundations for communication towers are typically rigid and act as a pole, which rotates around a fixed point at depth. Although more complex and detailed analyses are available, either the simplified passive earth pressure method or the subgrade reaction method is typically used to determine the pier diameter and depth required to resist groundline reaction forces and moments. Due to the proximity of the adjacent retaining wall, we have reduced our recommended passive pressure above the wall foundation to reduce the potential for additional lateral pressure caused by the pole foundation. These methods are described below. • Passive Earth Pressure Method: The passive earth pressure method is a simplified approach that is generally used to estimate an allowable lateral load capacity based on soil wedge failure theory. Although the lateral deflection associated with the soil wedge failure may be estimated, design lateral deflections using the passive earth pressure method should be considered approximate, due to the simplified nature of the method. According to the NAVFAC Design Manual 7.02 (1986), a lateral deflection equal to about 0.001 times the pier length would be required to mobilize the allowable passive pressure presented below; higher deflections would mobilize higher passive pressures. The ultimate passive pressure may be taken as the product of the allowable pressure and factor of safety. Our recommended passive earth pressures for the soil layers encountered at this site are presented in Table 3 and do not incorporate a safety factor. These values are expressed as equivalent fluid unit weights, which are to be multiplied by the depth (bgs) to reflect the linear increase within the depth interval of the corresponding soil layer. The passive earth pressures may be assumed to act over an area measuring two pier diameters wide by up to eight pier diameters deep. Depth (feet) 0-2 2-10 10-20 20-30 AT&T Mobility c/o Mastec Network Solutions Adapt Project No. WA16-20531-GEO Table 3 Ultimate Passive Pressures Ultimate Passive Pressure (pct) 0 250 350 450 April 29, 2016 Page 8 Adapt Engineering • Subgrade Reaction Method: The subgrade reaction method is typically used to compute lateral design loads based on allowable lateral deflections. Using this method, the soil reaction pressure (p) on the face of the pier is related to the lateral displacement (y) of the pier by the horizontal subgrade modulus (k1,); this relationship is expressed as p~khy, Because soil modulus values are based on small scale, beam load test data, and are usually reported as a vertical subgrade modulus (k,), they must be converted to horizontal subgrade modulus values representative for larger scale applications (such as large pier diameters) by means of various scaling factors, as discussed below. In addition to the scaling and loading orientation, the soil-pier interaction governing kh is also affected by the soil type, as follows: • SAND and Soft CLAY: For cohesion-less soils (sand, non-plastic silt) and soft cohesive soils (clay, cohesive silt), the horizontal subgradc modulus (kh) increases linearly with depth (z). This relationship is expressed as kh ~ nhz(l/8), where n" is the coefficient of horizontal subgrade reaction and (1/B) is the scaling factor. • Stiff or Hard CLAY: For stiff or hard cohesive soils (clay, cohesive silts), the horizontal subgrade modulus (kh) is essentially the same as the vertical subgrade modulus (k,) and is considered constant with depth. This relationship is expressed as k1,~k,[l(ft)/1.5B], where [l(ft)/1.58] is the scaling factor (B is expressed in feet). Our recommended values for the coefficient of horizontal subgrade reaction (nh) and the vertical subgrade modulus (k,) for the soil layers encountered at this site are presented in Table 4 below. These values do not include a factor of safety since they model the relationship between contact pressure and displacement and are ultimate values. We have reduced our recommended horizontal subgrade reaction coefficient design value to limit the potential for higher lateral pressures on the nearby retaining wall. Therefore, the structural engineer or monopole manufacturer should select an appropriate allowable displacement for design, based on the specific requirements of the communication equipment mounted on the tower. AT&T Mobility c/o Mastec Network Solutions Adapt Project No. WA16-20531-GEO April 29, 2016 Page 9 Adapt Engineering Table 4 Recommended Horizontal Subgrade Reaction Values Depth Interval nh k, (feet) (pci) (pci) 0-2 0 NIA 2-10 3 NIA 10-20 20 NIA 20-30 40 NIA Coefficient of Horiwntal k•= n•(z/B) k,,=k,/(1.SB) Subgrade Reaction (pci) (Sand & Soft Clay) (Stiff Clay) Construction Considerations: At the exploration location designated B-1, approximately I to 2-inches of asphalt pavement overlying roughly 6-inches of silty sand with gravel and approximately 2-inches of relic concrete, Below the relic concrete, the test boring encountered very loose silty sand to an approximate depth of 75-feet bgs, which we interpret to be possible fill associated with construction of the concrete retaining wall. Below these surficial soils, the test boring encountered very loose, poorly graded sand which showed some silty laminations near I 0-feet bgs, At an approximate depth of 11-fcct bgs, medium dense, poorly graded sand with gravel was encountered. Very dense, poorly graded gravel with silt and sand was encountered at approximately 20-fcet bgs, overlying 10-feet of dense, poorly graded sand with silt and gravel. Below an approximate depth of 35-fcct, dense, poorly graded gravel with silt and sand was encountered, which became very dense with depth and then extended to the full exploration depth of 41.5- feet bgs. The presence of large gravel was indicated during advancement of our test boring; therefore, the drilled pier contractor should anticipate the possibility of difficult drilling conditions and presence of large particles. Groundwater was encountered at an approximate depth of 25.5-feet bgs at the time of drilling. Dewatering may be required depending on the actual depth and time of year of drilled pier construction. The foundation-drilling contractor should be prepared to case the excavation to prevent caving and raveling of the pier shaft sidewall, if necessary due to unexpected soil or excessive groundwater seepage conditions. Should heavy groundwater inflow be encountered in the drilled pier excavation, it may be necessary to pump out the accumulated groundwater prior to concrete placement, or to use a tremie tube to place the concrete from the bottom of the drilled pier excavation, thereby displacing the accumulated water during concrete placement. Alternatively, the use of bentonite slurry could be utilized to stabilize the drilled pier excavation. Drilled Pier Excavation Conditions: The drilling contractor should be prepared to clean out the bottom of the pier excavation if loose soil is observed or suspected, with or without the presence of slurry or groundwater. As a minimum, we recommend that the drilling contractor have a cleanout bucket on site to remove loose soils and/or mud from the bottom of the pier. If groundwater is present and abundant within AT&T Mobility c/o Mastec Network Solutions Adapt Project No. WA16-20531-GEO April 29, 2016 Page 10 Adapt Engineering the pier hole, we recommend that the foundation concrete be tremied from the bottom of the hole to displace the water and minimize the risk of contaminating the concrete mix. The Drilled Shafi Manual published by the Federal Highway Administration recommends that concrete be placed by tremie methods if more than 3 inches of water has accumulated in the excavation. Access Driveway Based on available site plans and our site reconnaissance visit, it does not appear necessary to construct a new access road. Should it be necessary to provide an extension to the existing roadways or to improve the existing access roads, we recommend that the subgrade be prepared in accordance with the Site Preparation section of this report. For planning purposes, we anticipate that 6 to 12-inches of "clean" sand and gravel subbase material and a minimum 3-inches of crushed rock surfacing will be required to create a stable gravel roadway surface at this site. Adapt can provide additional subgrade stabilization or gravel road section recommendations based on observed field conditions at the time of construction. Where cuts and fills arc required, they should be accomplished in accordance with the recommendations provided in the Site Preparation and Structural Fill sections of this report. Structural Fill The following comments, recommendations, and conclusions regarding structural fill arc provided for design and construction purposes. Materials: Structural fill includes any fill materials placed under footings, pavements, driveways, and other such structures. Typical materials used for structural fill include: clean, well-graded sand and gravel (pit-run); clean sand; crushed rock; controlled-density fill (CDF); lean-mix concrete; and various soil mixtures of silt, sand, and gravel. Recycled concrete, asphalt, and glass, derived from pulverized parent materials may also be used as structural fill. Placement and Compaction: Generally, CDF, and lean-mix concrete do not require special placement and compaction procedures. In contrast, pit-run, sand, crushed rock, soil mixtures, and recycled materials should be placed in horizontal lifts not exceeding 8 inches in loose thickness, and each lift should be thoroughly compacted with a mechanical compactor. Using the modified Proctor maximum dry density (ASTM: D-1557) as a standard, we recommend that structural fill used for various on-site applications be compacted to the following minimum densities: Fill Application Slab/Footing subgrade Gravel drive subgrade (upper 1 foot) Gravel drive subgrade (below 1 foot) Minimum Compaction 90 percent 95 percent 90 percent Subgradcs and Testing: Regardless of location or material, all structural fill should be placed over firm, unyielding subgrade soils. We recommend that a representative from Adapt be retained to observe the condition of subgrade soils before fill placement begins, and to perform a series of in-place density tests AT&T Mobility c/o Mastec Network Solutions Adapt Project No. WA16-20531-GEO April 29, 2016 Page 11 Adapt Engineering during soil fill placement. In this way, the adequacy of soil compaction efforts may be evaluated as earthwork progresses. Fines Content: Soils used for structural fill should not contain individual particles greater than about 6 inches in diameter and should be free of organics, debris, and other deleterious materials. Given these prerequisites, the suitability of soils used for structural fill depends primarily on the grain-size distribution and moisture content of the soils when they are placed. When the "fines" content (that soil fraction passing the U.S. No. 200 Sieve) increases, soils become more sensitive to small changes in moisture content. Soils containing more than about 5 percent fines (by weight) cannot be consistently compacted to a firm, unyielding condition when the moisture content is more than about 2 percentage points above optimum. The near surface silty sand encountered by the test boring should be considered to be highly moisture sensitive. The poorly graded sands and gravels encountered at depth should be considered to be moderately moisture sensitive. The use of "clean" soil is necessary for fill placement during wet-weather site work, or if the in-situ moisture content of the sandy site soils is too high to allow adequate compaction. Clean soils are defined as granular soils that have a fines content of less than 5 percent (by weight) based on the soil fraction passing the U.S. 3/4-inch Sieve. CLOSURE We have prepared this report for use by the owner/developer and other members of the design and construction team for the proposed SD24 Cedar River tower site. The opinions and recommendations contained within this report are not intended to be, nor should they be, construed as a warranty of subsurface conditions, but are forwarded to assist in the planning and design process. We have made observations based on our explorations that indicate the soil conditions at only those specific locations and only to the depths penetrated. These observations do not necessarily reflect soil types, strata thickness, or water level variations that may exist in other locations. If subsurface conditions vary from those encountered in our site exploration, Adapt should be alerted to the change in conditions so that we may provide additional gcotcchnical recommendations, if necessary. The future performance and integrity of the improvements will depend largely on proper initial site preparation, drainage, and construction procedures. Observation by experienced geotechnical personnel should be considered an integral part of the construction process. The conclusions and recommendations contained in this report are based on our understanding of the currently proposed project, as derived from written and verbal information supplied to us by Ryka. When the design has been finalized, we recommend that we review the design and specifications to sec that our recommendations have been interpreted and implemented as intended. If design changes are made, we request that we be retained to review our conclusions and recommendations and to provide a written modification or verification. The scope of our services does not include services related to construction safety precautions, and our recommendations are not intended to direct the contractor's methods, techniques, sequences, or procedures, except as specifically described in our report for consideration in design. AT&T Mobility c/o Mastec Network Solutions April 29, 2016 Adapt Project No. WA16-20531-GEO Page 12 Adapt Engineering Within the limitations of scope, schedule, and budget, our services have been executed in accordance with the generally accepted practices in this area at the time this report was prepared. No warranty or other conditions, express or implied, should be understood. AT&T Mobility c/o Mastec Network Solutions Adapt Project No. WA16-20531-GEO April 29, 2016 Page 13 ,, ·.!.· :;• I -~ -~ • I ~ ·: . ~ .. _ . • • RO'r ' N ~r-~.":d' ~~cr.o~tt1 ~ .m~:.:.i.. .... co"J ._,,,ir:_ i Prn11ed from TOPO' c r,t() X,oonj) Gtcgrapl,o:-Hddin,,, ,,.,. •. ,. rnpo ,om , Adapt Engineering 615 8th Avenue South Seattle, Washington Tel (206) 654-7045 Fax (206) 654-7048 FIGURE 1 -Location & Topographic Map Location : SD24 Cedar River 2431 SE Maple Valley Hwy Renton , Washington 98057 Client: AT&T Mobility c/o Mastec Network Solutions Date: 4/29/16 Job# : WA16-20531-GEO B-1 -$- l'IICPOEI J' ..... IIUOOE) HOLt -OCIIIClltft: - ___ ,._I U.WIIOU:- .. .' ~ .. '-[Xisrn«; P.ll!KJHO I.OT ~ 20·-·· + 13 ~ oeNt'T WCIUNTD) 11.Tf:# Dll1IIC L'T'E c.cT ~@ f18ER P\/Ll IIOX - Olmtlll.. TlON IIOX , . -.. .. . .·r --... ~ -L· -,~, ···o . I '-t1i'~1i L:J E] </ r' .. BATltR'I' LEGEND: 0 I ~ -$,-B-1 -BORIN G NUMBER AND A PPROXIM ATE LOCATI ON NOTES: DRAW INGS BASED ON "PROPOSED ENLARGED SITE PLAN" (C-2.1) DRAW ING PROVIDED BY RYKA (3131 116) NOTTO SCALE Adapt Engineering 615 8th Avenue South Seattle, Washington Tel (206) 654-7045 Fax (206) 654-7048 l,/~~~20) J -THON BATTOltts -00511f;G ll'OOO 11£ (l'YP) .I~.=~ F ~ o • _o -xi x CENOIATOR IHT'ERFACE x ~------ PUU. BOX FIGURE 2 • Site & Exploration Plan Location : SD24 Cedar River 2431 SE Maple Va lley Hwy Renton , Washington 98057 Client : AT&T Mobility c/o Mastec Network Solutions Date: 4/29/16 Job# : WA16-20531-GEO T'CLCO l'\IU 90X TlAAS "'10l'PWAN MX T'£4 1 S.m:11'( CAiii~ W/ ( 2) IWtAT'H()j BAT'rtM:S ~~(I) lillWtlMQN lllfflJIES N \ Iii Adapt Engineering BORING LOG 115 Ith Avenue South Seattle, Washington 11104 TEL:20UM.104Di FAX: 20UM.70ill PROJECT · SD24 Cedar River • 2439 SE Maple Valley Hwy Renton, Washington 98056 Job Number: WA16-20531 Boring No.: B-1 ...... --..... _(: __ ... ... -.. --co .... -.. --,,. b Ji !i • fJ Ii I 1-H ; 0 c1 to 2-inches of asphalt overlying -6-inches _ of brown, silty SAND with gravel (Fill), and I L=2-in_ch~ oLcoQJ;rete -----J Very loose, brown, silty SAND (SM); low [ 1 plasticity; fine sand; moist (Possible Fill) S-1 1 1 5 [ 1 S-2 2 2 ~ -----------Very loose, gray, poorly graded SAND (SP); non-plastic; fine sand; moist [ 5-3 1/18 10 becomes laminated with brown, SILT (ML); [ 4 ,.!_ow _pla~ici~ m~ist_ _ _ _ _ _ _ S-4 7 Medium dense, brown, poorly graded SAND 9 (SP) with gravel; non-plastic; fine to coarse sand; fine to coarse, subrounded gravel; dry 15 [ 9 S-5 10 ' 11 -.. 20 ~ -----------[ Very dense, brown, poorly graded GRAVEL 11 S-6 28 -----(GP-GM) with silt and sand; non-plastic; fine 41 to coarse sand; fine to coarse, subrounded gravel; moist 25 ~ -----------I Dense, brown, poorly graded SAND (SP-SM) 9 with silt and gravel; non-plastic; fine to coarse S-7 14 . 19 sand; fine, subrounded gravel; wet LEGEND: ~ I ~OD~Saffll*' I Sllllc w.. ~ at Oltlllg . .,, I 2-n:l!oOO~ .5L ---.... . X -~- Dnlllng Company: Hoh Services, Inc Drilling Method: HSA I "'" ---NR "" Dntllng Start Date. 4/21/16 Drilling Completion Date: 4/21/16 ...... OIISERVATIONS D H Difficult drilling conditions encountered from approxi- mately 13 to 22-feet bgs, interpreted as gravel. I 4121116 ......... Twieat~TN!ftlUWII .... --1 of 2 IIIT-dl>tftlg Logged By. SL iii Adapt Engineering BORING LOG 111 Ith Avenue South Seattle, Washington 98104 Ta......,,..1Ditl FAX: 20l.tl4.7'0III PROJECT · SD24 Cedar River Job Number: WA16-20531 Boring No.: B-1 · 2439 SE Maple Valley Hwy Renton, Washington 98056 .... --. W'olloC--·· .. , -°"' .... -.. ,, ........ --... OBSERVATIONS b .ll ; • le il II I • i H !I 30 Medium dense, brown, poorly graded SAND 1 6 S-8 8 (SP-SM) with silt and gravel; non-plastic; fine 10 to coarse sand; fine, subrounded gravel; wet --- 3!> ------------I 17 Dense, brown, poorly graded GRAVEL (GP- GM) with silt and sand; non-plastic; fine to S-9 20 coarse sand; fine to coarse, subangular 25 gravel; wet 40 rr becomes very dense 21 S-1C 28 29 -Boring terminated at an approximate depth of 41.5-feet bgs. --·-Static groundwater was encountered at an 45 approximate depth of 25.5-feet at the time of drilling. ----- Boring was backfilled with bentonite chips. ----- --- 50 ---- -------- 55 -- ---·-- LEGEND: I ~OO~Safflpie I --.,.,..., ~-OlllftO ......... """ I ~00 ..... .5L ---~ T_.of~TflljngUIN X -~- Drilling Company: Holl Services, Inc Drilling Method: HSA ..... ~ . --•• "" Drilling Start Date: 4/21/16 Drilling Completion Date: 4/21/16 -~-2of 2 Al~afOl*tg Logged By: SL Market: PNW Cell Site Number: SD24 Cell Site Name: Cedar River Fixed Asset Number: 10097913 D THIRD AMENDMENT TO SITE LEASE AGREEMENT t·.,;--.""'-r-,, .'.'.,. 1 •· -1 r , r ;--i J i ' \ /. •.. , '-' O.._ V :_ I .. ,/ NOV O 9 2016 THIS THIRD AMENDMENT TO SITE LEASE AGREEMENT, dated as of the latter of the signature dates below, is by and between Seungsik Paik, having a mailing address of 2439 Maple Valley Highway, Renton, WA 98057 ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 ("Tenant"). WHEREAS, Landlord and Tenant entered into a Site Lease Agreement dated July 29, 1994, First Amendment dated September 29, 2003, Second Amendment dated July 24, 2015 whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 2439 Maple Valley Highway, Renton, WA 98055 ("Lease"); and WHEREAS, Landlord and Tenant desire to amend the Lease to increase the size of the Premises; and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the Improvements; Utilities; Access section and Permitted Use section thereof: and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the Improvements; Utilities; Access section thereof: and WHEREAS, Landlord and Tenant desire to adjust the rent in conjunction with the modifications to the Lease contained herein; and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the notice section thereof; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: I. Lease of Premises. Landlord agrees to increase the size of the Premises leased to Tenant to accommodate Tenant's needs. Upon the execution of this Amendment, Landlord leases to Tenant the Premises as more completely described on attached Exhibit 1-B. Landlord's execution of this Amendment will signify Landlord's approval of Exhibit 1-B. Exhibit 1-B hereby replaces Exhibit 1-A to the Lease. 1 Version 4-7-2010; 2013 , • .,A a 11111. ,. * ,. ' ,. • 2. Permitted Use. Section 8a and Section 2 of the Lease is hereby deleted in its entirety and hereby replaced with the following: PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Antenna Facilities"), as well as the right to test, survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1-B will not be deemed to limit Tenant's Permitted Use. If Exhibit 1-B includes drawings of the initial installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1-B. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sub licensees, the right to use such portions of Landlord's contiguous, adjoining or surrounding property (the "Surrounding Property") as may reasonably be required during construction and installation of the Antenna Facilities. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property's main entry point to the equipment shelter or cabinet, and to make other improvements, alterations, upgrades or additions appropriate for Tenant's Permitted Use including the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises at Tenant's expense. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to ensure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property (the "Additional Premises") for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by the amount equivalent to the then-current per square foot rental rate charged by Landlord to Tenant times the square footage of the Additional Premises. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. 3. Removal/Restoration: Section 8c is hereby deleted in its entirety and hereby replaced with the following: 2 Version 4-7-2010; 2013 REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant shall, at Tenant's expense, keep and maintain the Premises and all buildings and improvements now or hereafter located thereon in commercially reasonable condition and repair during the term of this Lease. Within one hundred twenty (120) days after the termination of this Agreement, Tenant will remove all of Tenant's above-ground improvements and Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of this Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Tenant will repair any damage to the Property resulting from Tenant's removal activities. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation. 3. Notices. Section 13 of the Lease is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. Ifto Tenant: With a copy to: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #:SD24; Cell Site Name: Cedar River FA No: 10097913 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site #: SD24; Cell Site Name: Cedar River FA No: 10097913 PO Box 97061 Redmond, WA 98073-9761 3 VemGn4-7-2010; 2013 Tue copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Ifto Landlord: Seungsik Paik 2439 Southeast Maple Valley Highway Renton, WA 98055 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 4. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease substantially in the form of the Attachment I. Either party may record this memorandum at any time, in its absolute discretion. 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this Third Amendment, the terms of this Third Amendment shall control. Except as expressly set forth in this Third Amendment, the Lease otherwise is unmodified and remains in full force and effect. Each reference in the Lease to itself shall be deemed also to refer to this Third Amendment. 6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease. IN WI1NESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Third Amendment on the dates set forth below. 4 "LANDLORD" Seungsik Paik By: Name: ---------- Title:---------- Date: __________ _ "TENANT" New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation Its: Manager By: Name: ----------Ti tie: Date: __________ _ Version 4· 7-2010; 2013 [ACKNOWLEDGEMENTS APPEAR ON NEXT PAGE) 5 Version 4-7-2010; 2013 TENANT ACKNOWLEDGEMENT STATE OF COUNTY OF ______ _ On the __ day of in the year before me, the undersigned, personally appeared ________ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual( s) acted, executed the instrument. Notary Public Printed Name: ______ _ My Commission Expires: ________ _ LANDLORD ACKNOWLEDGEMENT STATE OF COUNTY OF ______ _ On the __ day of in the year before me, the undersigned, personally appeared -------~ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Printed Name: ------- My Commission Expires: ________ _ 6 Version 4-7-2010; 2013 . . EXHIBIT 1-B See attached exhibits comprised of 6 pages, last revision date 07/25/2016. I. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT. 2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY'S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENT AL AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS. 4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE. Version 4-7-2CIIO; 2013 lsrrLwAuso24I Cell Site No. SITLW ASD24 Cedar River Market: Seattle Address: 2439 SE Maple Valley Highway., Renton, WA 980S5 FffiST AMENDMENT TO SITE LEASE AGREEMENT THIS FIRST AMENDMENT TO SITE LEASE ("Amendment'1 dated as of the dates below, is by and between Seung Sik Paik, and Eunsil Paik with an office at 2439 SE Maple Valley Highway, Renton, WA 98055 (hereinafter referred to as "Landlonl'1 AT&T Wireless Services of Washington, LLC, an Oregon limited liability company, d/b/a AT&T Wireless, by AT&T Wireless Services, Inc., its member, successor in interest to Interstate Mobilephone, d/b/a Cellular One, a Washington general partnership, having an office at 2729 Prospect Park Drive, Rancho Conlova, CA 95670 (hereinafter referred to as ''T enant'l WHEREAS, Landlonl and Tenant entered into a Site Lease Agreement dated July 29, 1994, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 2439 SE Maple Valley Highway., Renton, WA 98055 ("Lease"); and WHEREAS, Landlord and Tenant desire to amend the Lease to allow for the installation of an additional antenna, associated cables and other communications equipment; and WHEREAS, Landlonl and Tenant desire to adjust the rent in conjunction with the modifications to the Lease contained herein; and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the Tenant's notice address; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 0 r:\.,-~ r· 1 \· __ ; ,· .. , , t·,1 t h' . ' ·-., ,, L. /..j NOV O 9 2016 --r--. --~-· ---. 3. Notices. Tenant's notice addresses as set forth in Section 13 of the Lease are hereby amended as follows: Jfto Tenant, to: with a copy to: AT&T Wireless Attn.: Lease Administration 2729 Prospect Park Drive Rancho Cordova, CA 95670 Re: Cell Site# STTLWASD24, Site Name: Cedar River AT&T Wireless Attn.: Legal Department 8645 -154"' Avenue NE Redmond, WA 98052 Re: Cell Site# STTLWSD24, Site Name: Cedar River 4. Other Terms and Condltio111 Remain, In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified, remains in full force and effect and is incorporated and restated herein as if fully set forth at length. Each reference in the Lease to itself shall be deemed also to refer to this Amendment. I IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the dates set forth below. LANDLORD Seung Sik Pailc and Eunsil Paik ---- TENANT AT&T Wireless Services of Washington, LLC, an Oregon limited liability company, d/b/a AT&T Wireless By: AT&T Wireless Services, Inc., a Dclaw~.1, its member By: ~e Name: Art Pregler Title: Program Manager Date: SEP 2 9 2001 EXHIBITl-A Sito located at 2439 SE Maple Valley Highway, Renton, WA 980SS; APN#S12690-021 l-04 NOTTOSCALB North ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·' I !~ A 'ITWS to add one antenna 10 the three cxiatina antmna for a total four AWS an1enna on Ibo roollop at 2439 SE Maple Valley Highway, Renton, WA 980SS existing ATIWS 1ca .. ..... 191 ,t .... 3•• I I I I I IS'wide.....sfrom -... public right of way ! I I Parcel lin • i,.,_,_,~'\..._,_,_,_._,_,_,_,_,_,_,_,_,l, .. _.J SR 169 • ~ii:.. \ First American • First American Title Insurance Company September 21, 2016 Daniel Kelly MasTec 1203 114th Avenue SE Bellevue, WA 98004 Phone: (425)214-9749 Fax: Title Officer: Phone: Fax No.: E-Mail: Order Number: Escrow Number: Buyer: Owner: Property: 818 stewart St, Ste 800 Seattle, WA 98101 Curtis Goodman (206)615-3069 (866)561-3729 cgoodman@firstam.com 1594979 1594979 Paik 2431 and 2439 SE Maple Valley Hwy s Renton, Washington 98055 Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! NOV O 9 2016 CLTA #14 Subdivision Guarantee (4:i0-75)/ Washington! Subdivision Guarantee ~ \ First American ~-# ISSUED BY Guarantee First American Title Insurance Company GUARANTEE NUMBER 5003353-1594979 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDffiONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES MasTec the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company flr/4£ Oenrn~; J. ("74!.more Pr$$K!ent ~"~ Jeffrey S RobJnson Se<rnimy Form 5003353 (7-1-14) t•ge 2 of 10 This jacket was created electronically and constitutes an original document ~uarantee Number: 1594979 CLTA #14 Subdivision Guarantee {4·10-75)1 Washington) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land describec or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule {A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waternays. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. {d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Oaim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4, Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and proserute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice {subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all Form 5003353 (7-1-14) IPage 3 of 10 - ·---·---____ I ------ /Guarantee Number: 1594979 CLTA #14 Subdivision Guarantee (4-!0-75)i I _________ _.J._ ______________ _:.:.Washingtonl '"uARANTEE CONDITIONS AND STIPULATIONS tContinued) reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that daim. 6. Options to Pay or otherwise Settle Claims: Termination of Liablllty. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of . this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incunred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of daim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 41 and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or inrurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the tiUe, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by Form 5003353 (7· l-14) rage 4 of 10 farantee Number: 1594979 CLTA #14 Subdivision Guarantee (4-10-75)] Washington( GUARANTEE CONDmONS AND STIPULATIONS tContinued) any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Tennination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest1 and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or daim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting sudl claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a wriUng endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Caims National Intake Center, 1 First American Way, Santa Ana, califomia 92707 Claims.NIC@firstam.com Phone: 888·632- 1642 Fax: 877-804·7606 First American Title ruarantee Number: 1594979 ' CLTA #14 Subdivision Guarantee (4-10-75)/ Washington First American Subdivision Guara, ,,ce ISSUED BY Schedule A First American Title Insurance Company GUARANTEE NUMBER 1594979 Order No.: 1594979 Liability: $2,000.00 Name of Assured: MasTec Date of Guarantee: September 08, 2016 The assurances referred to on the face page hereof are: 1. ntle is vested in: Fee: $750.00 Tax: $72.00 SEUNGSIK PAIK ALSO APPEARING OF RECORD AS SEUNG SIK PAIK AND EUNSIL PAIK, AS TENANTS IN COMMON 2. That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are exduded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, daims or title to water. C. Tax Deeds to the State of Washington. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. JGuarantee Number: 1594979 i CLTA #14 Subdivision Guarantee (4~1Q-75~ washi~ First American Subdivision Guara, ,u:;e ISSUED BY Schedule B First American Title Insurance Company GUARANTEE NUMBER 1594979 RECORD MATTERS 1. General Taxes for the year 2016. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 172305-9140-01 1st Half Amount Billed: $ 901.87 Amount Paid: $ 901.87 Amount Due: $ 0.00 Assessed Land Value: $ 135,500.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 901.86 Amount Paid: $ 0.00 Amount Due: $ 901.86 Assessed Land Value: $ 135,500.00 Assessed Improvement Value: $ 0.00 Affects Parcel A 2. General Taxes for the year 2016. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 172305-9147-04 1st Half Amount Billed: $ 4,075.96 Amount Paid: $ 4,075.96 Amount Due: $ 0.00 Assessed Land Value: $ 182,000.00 Assessed Improvement Value: $ 433,700.00 2nd Half Amount Billed: $ 4,075.96 Amount Paid: $ 0.00 Amount Due: $ 4,075.96 Assessed Land Value: $ 182,000.00 Assessed Improvement Value: $ 433,700.00 Affects Parcel B Form5003353 (7-1-14) /Page 7 of 10 (Guarantee Number: 1594979 CLTA #14 Subdivision Guarantee (4::-10-75)] I Washington) ~~~~~-~~~~~~~'--~~~~~~~~~~~~-'----' 3. Deed of Trust the terms and conditions thereof. Grantor/Trustor: Seungsik Paik, who acquired title as Seung Sik Paik, who also appears of record as Seungsik Paik, as his separate estate Grantee/Beneficiary: Wells Fargo Bank, National Association Trustee: Wells Fargo Financial National Bank Amount: $165,000.00 Recorded: August 27, 2007 Recording Information: 20070827001667 4. We are unable to complete our examination regarding the Dissolution With No Children between Eunsil Paik and Seungsik Paik Case No. 04-3-00342-7 due to the temporary unavailability of such records. A supplemental letter regarding such status and an appropriate exception, if any, will follow. 5. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 6. Easement, including terms and provisions contained therein: Recording Information: 1202688 In Favor of: Chicago Milwaukee and St. Paul Railway Company For: Erect and maintain an electric transmission system 7. Easement, including terms and provisions contained therein: Recording Information: 1459217 For: Water pipeline 8. Reservations and exceptions, including the terms and conditions thereof: Reserving: minerals Reserved By: Henry J. Sartori, Ersilia M. Sbarboro, Katherine E. Sartori, Laura G. Sartori, Ersilia Hahn, Kathryn Bills, Benice Powell, Olive G. Balcom, Horace L. Sartori, Horace B. Sartori, and Henry J. Sartori, Ersilia M. Sbarboro and Katherine E. Sartori, trustees for the use and benefit of Horace L. Sartori and Horace B. Sartori Recorded: January 20, 1942 Recording Information: 3216461 We note no examination has been made regarding the transfer or taxation of the reserved rights. 9. Reservations and exceptions, including the terms and conditions thereof: Reserving: minerals Reserved By: Henry J. Sartori, Ersilia M. Sbarboro, Katherine E. Sartori, Laura G. Sartori, Ersilia Hahn, Kathryn Bills, Bernice Powell, Olive G. Balcom, Horace L. Sartori, Horace B. Sartori, and Henry J. Sartori, Ersilia M. Sbarboro and Katherine E. Sartori, trustees for the use and benefit of Horace L. Sartori and Horace B. Sartori Recorded: Recording Information: March 19, 1943 3297859 We note no examination has been made regarding the transfer or taxation of the reserved rights. 10. Easement, including terms and provisions contained therein: Recording Information: 5094983 In Favor of: Oty of Renton, a municipal corporation For: Construct, repair, service and maintenance of sewage pipe line Form 5003353 (7-17i~ge 8 of 10 ""/Guarantee Number: 1594979 I CLTA #14 Subdivision Guarantee (4-10-75)1 Washington/ Patial Release of Easement recorded under Recording No. 9503310241 11. Reservations contained in Deed from the State of Washington recorded under recording no. 7502030213, reserving all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same. Affects The northerly portion of Parcel A 12. Restrictions Contained In Instrument: Recorded: February 3, 1975 Recording Number: 7502030213 Affects The northerly portion of Parcel A 13. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the Survey recorded under Recording No. 20111230900012. Informational Notes, if any A. Name and address of current taxpayer according to the King County Assessors record are: Seung Sik Paik and Eunsil Paik 2439 Maple Valley S Renton WA 98055 B. The vestee(s) herein acquired title by instrument(s) recorded under Recording Number(s) 8706161253. Form 5003353(7-1-14)Jage9 __ of_1_0 _____ fuarantee_N_u_m_be_r._. _is_94_9_7_9--~---CLTA #14 Subdivision Guaran~~:h:~~;:21 ~ ~$1' ISSUED BY Schedule C First American Title Insurance Company GUARANTEE NUMBER 1594979 ---------------------~--------------------------------------- The land in the County of King, State of Washington, described as follows: PARCEL A: ALL THAT PORTION OF THE FOLLOWING DESCRIBED TRACT LYING SOUTHWESTERLY OF A LINE DRAWN PARALLEL WITH AND BEING 45 FEET DISTANT SOUTHWESTERLY, WHEN MEASURED AT RIGHT ANGLES FROM THE CENTER LINE SURVEY OF SR 169, RENTON: MAPLEWOOD TO JCT. SR 405: THAT PORTION OF GOVERNMENT LOT 8, SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF THE MAPLE VALLEY ROAD, DISTANT NORTH 56°43'47" WEST 306.07 FEET FROM THE INTERSECTION OF SAID SOUTHWESTERLY LINE WITH THE EAST LINE OF SAID GOVERNMENT LOT 8; THENCE CONTINUING NORTH 56°43'47" WEST 140.00 FEET; THENCE SOUTH 32°52'13" WEST 63.18 FEET; THENCE SOUTH 11 °56'13" WEST 39.52 FEET; THENCE SOUTH 56°43'47" EAST 125.18 FEET; THENCE NORTH 33°16'13" EAST 100.00 FEET TO THE POINT OF BEGINNING. PARCEL B: THAT PORTION OF GOVERNMENT LOT B, SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF THE EAST LINE OF SAID GOVERNMENT LOT WITH THE SOUTHERLY MARGIN OF MAPLE VALLEY HIGHWAY; THENCE NORTH 56°43'47" WEST ALONG THE SAID SOUTHERLY MARGIN 167.48 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 1 °14'13" WEST PARALLEL TO THE EAST LINE OF SAID GOVERNMENT LOT, 117.96 FEET TO AN INTERSECTION WITH A LINE 100 FEET SOUTHWEST OF (MEASURED AT RIGHT ANGLES) AND PARALLEL WITH THE SOUTHWEST ROAD LINE; THENCE NORTH 56°43'47" WEST PARALLEL TO THE SOUTHERLY MARGIN OF SAID HIGHWAY 201.14 FEET; THENCE NORTH 33°16'13" EAST TO THE SOUTHERLY MARGIN OF SAID HIGHWAY; THENCE EAST ALONG THE SOUTHERLY MARGIN OF SAID HIGHWAY TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY OF A LINE DRAWN PARALLEL WITH AND BEING 45 FEET DISTANT SOUTHWESTERLY, WHEN MEASURED AT RIGHT ANGLES AND/OR RADIALLY FROM THE CENTER LINE SURVEY OF SR 169, RENTON: MAPLEWOOD TO JCT. SR 405. ~ntee Number: 1594979 CLTA #14 Subdivision Guarantee (4-10-75~ Washington] t-:;;eco'oing Requested By, ...::..nd Afte, Recording, Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION Susiness !...en::ling Sotse PO Bex 8203 :lo'"E:e, !J 837.J5 State of Wasl1ington 20070827001667 -~~ II~ I~ Ill ~I lll~~mllllll 11 ~,,,C"tJ llilt u,s. cu «,00088909966416415' :;,:f# _\ ;;)':\,Pj 4:? · '-f DEED OF TRUST ~ AND ASSIGNMENT OF RENTS AND LEASES l._fY , e~;,;i D~iscr:r,;:ion (abbreviated): A PORTION OF GOVERNMENT LOT 8, SOUTHEAST QUARTER OF SECTJ:.)N ·t 7-23-05 \dd·t'.vr-;1. ieg.3l(_sJ on page A-1 . . :.sscssor's Tzx Parcel/Account Number(s): Assessor's Parcel No. 172305-9147-04 and 172305-9140-01 . ~·HIS ::-EED C1F TRUST AND ASSIGNMENT (this "Deed of Trust"'} is executed as of August 24, 2007, by SEUNGSIK PAIK, who acquired title as Seung Sik Paik, who also appears of record as Seungsik Paik, ash s separate estate ("Grantor"i. to WELLS FARGO FINANCIAL NATIONAL BANK ("Trustee"). for the c;ecaln oi WELLS FARGO BANK. NATIONAL ASSOCIATION ("Beneficia,y"). ARTICLE I. GRANT IN TRUST · G'. Gran:_ For the purposes and upon the terms and conditions in this Deed of Trust, Grantor ,r,evocably grants, ccnveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sa•e and right of entry and possession. Grnntor's interest ln: (a) all real property located in King County, /v'asr.ing:on snd described on Exhibit A attached hereto and which real property is within a ci1y or ,·:ii.age;::: :s 20 acres er less in size; (b) all easements. rights,.of~way and rights used in connection with ~ as 2 means of access to any portion of said real pl"Operty; (c) all tenements, here<1itaments and "'a:;p:.,rt€,;Jn-::e,;. the;-eo" and thereto; (d) all right, title and interest of Grantor, now owned or hereafter .. :,::q1.,ired, ir ;ind io any !ard lying within tre right•ofMway of any street, open or proposed, adjoining said '.,·c.d ;n,perty ana ar,y and all sidewalks, alleys and strips and gores of land adjacent to or used in -_-.1:1recti::-n wi·h sa:d :ea/ property; (e) al: buildings, improvements and landscaping now or hereafter ,.-~c:ed ~;,: ::ic-ated 011 said real property, (f) all development rights, governmental or quasi-governmental , .. ense.s. ::ie:rnas er ::ipprovals, zoning rights and other similar rights or interests which reiate to ttie >iveiopr:-,en:. JS€: or operation of, or that benefit or are appurtenant to, said real property; (g) all mineral · J1ts, 0i 1 anC gas rights, air rights. water or water r~ghts, inciuding without limitation, all wells. canals, -;,,.'..ches and ~cser:o\rs cf any nature arid ail rights thereto, appurtenant to or associated w(th said real ·:-·op-;rt;, whethe!'" decreed or i.:ndecreed, tributary or non-tributary, surface or underground, 20070827001667 ... · ::pp:o;)r:ated or unapp;-opriated, and a:! shares of stock in any water, cana!. ditch or reservoir com~any, .i:-1d al: well permits, water se,vice contracts, drainage rights and other evidences of any such nghts; 2-nd {h) al! interest or astate which Grantor now has or may hereafter acquire in said real property and ~.!\ cictdi-:.ions and accretions thereto, and all awards or payments made for the taking of all or any portion :-t si::!id real property by eminent domain or any proceeding or purchase in lieu thereof. or any damage to ,.,w ocr:'.or: of saic' reaf property (collectively, the "Subject Property"}. The listing of specific rights or ..:,,~p8rty shall not be interpreted as a limitation of general terms. ·. 02 P,ddres~:" The address of the Subject Property (if known) fs: 2439 SE Maple Valley Highway, ,.·,enton. WA 88057. Assessors Parcel No 172305-9147·04 and 172305-9140-01. Neither the failure to :.1~s1gnate art address nor any inaccuracy in the address designated shall affect the validity or priority of -!,e I.er ,:,f tn:~:; Deed of Trust on the Subject Property as described on Exh·1bit A-Jn the event of any .-·1fl,Cl uetweeri the provisions of Exhibit 6 and said address, Exhibit A shall control. ARTICLE II. OBLIGATJONS SECURED ~ J 1 OtA1ga1,C'ns Secur~ Gramer makes lhis grant and assignment for the puroose of securing :he 'lowing obligations (each. a ~secured Obligation" and collectively, the .. Secured Obligations"): ,::iaymen! to Beneficiary of all sums at any time owing and performance of au other obligations arising cnde:-or if"J connection witn that certain promissory note, loan or credit agreement, ::.cr.f,rrn«L·1a:--, iett,~r and disclosure. or other evidence of debt ("Note") dated as of August 24, 2007, h the i-r,ax;murn principal amount :if One Hundred Sixty.five Thousand and 00/100 Dollars ;s·1e.s,OOO.OO), w!t:'1 interest as provided therein, executed by SeungSik Paik and payable to Beneficiary or its order. together witt-, the payment and performance of any other indebtedness or c:t>!igations i,1curred in connectjon with the credit accommodafion evidenced by ti"1e Note, whether o~ not specifically referenced therein; p3ymer.t and performance oi all obligations of Grantor under this Deed of Trust, together with ail advances, payments or other expenditures made by Beneficiary or Trustee as or for the payment :,r performance cf any such obligations of Granter; pay~ent and performance of all obligations, if any, and the contracts under which they arise, which an; rider attached to and recorded with this Deed of Trust recites are secured hereby, payment to Beneficiary of all iiabili1y, whether liquidated or unliquidated, defined, contingent, ·:or.aitional ::::r of any other nature whatsoever, and performance of all other obligations, arising ,Jnder ar':y swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar cransacticn or arrangement howsoever described or defined) at any time entered into with Beneficiary in connection with any Secured Obligation; payment c1r.d performance of a!! future advances and other obligations that the then record owner o~ the SubJecr Property may agree to pay and/or perform {whether as principal, surety or Ju~rantor' for the benefit of Se:ief:ciary, when any such advance or other obligation is evidenced tiy ;;, wr:f,,;i wn1c.'1 recites that it is secured by this Deed of Trust; and -11' -nodi!lcat!ors, extensions and renewals of any of the Secured Obligations (including without Fr:1i!atior.. ~i) mod,fications, extensions or renewals at a different rate of interest, or (;i) deferrals or c.,cceJerafons of the required principal payment dates or interest payment dates or Doth, in whole or in part), however evidenced. whether or not any such modification, extension or renewal is ~v,denced by a new or additional promissory note or notes, loan or credit agreement. confirmation 1,etter and disclosure, change in terms agreement, or other evidence of debt. 2 -/2 OQHgations The term "obligations" is used herein in its most comprehensive sense and includes a::y and au advances, debts, obligations and fiabifilies heretofore, now or hereafter made, incurred or :~2atec, whether voluntary or involuntary and however arising, whether due or not due, absolute or '.:-'-''ltirigent, liquidated or unliquidated, determined or undetermined, .joint or several. including without I :''i!.'3tio;,, all prircipal, i11terest, charges, including prepayment charges and late charges, and loan fees 20070827001667-- '.< a:'ly t:r.1e accruing r,r assessed on any Secured Obligation. ·: 03 \ncorpcrat1on: Future Advances Ali terms of the Secured Obligations are incorporated herein by '.'ris. ~~f~rer,ce. AH persons who may have or acquire an interest in the Subject Property are hereby ,:-;a~med to have notice of the terms of tne Secured Obligations and that this Deed of Trust secures ;'.~!ure c!.dvances, and to have notice, if provided therein, that (a) the Note or any other Secured :)bfigation may permit borrowing, repayment and reborrowing; and (b) the rate of interest on one or ~'ere of -:he S'3cured Obligations may var:r from time to time. Funds may be advanced by Beneficiary, -epa·::J f;y Gra<1tor and subsequently readvanced by Beneficiary. Absent Default under the terms of the 'S8:.;ved Obli£ations, ail advances thereLnder by Beneficiary are obligatory and are secured by this Deed of Trust. All such obligatory advances shall have the same priority as the funds initially advanced _;;;ae~ a::y such Secured Obiigatior;_ ARTICLE !II. ASSIGNMENT OF RENTS ·::_J·f Assignrr,em. For the purposes and upon the terms and conditions set forth herein, Granter r:evocably 3Ssigns to Beneficiary alt of Grantor's right. title and interest in, to and under all leases, .,,:..e'1ses, ~entai agreements and other agreements of any kind relating to the use or occupancy of any of ,he Sub;ect Property, whether existing as of the date hereof or at any time hereafter entered 'into, ,:,Jetrier w:t:i all guarantees of and security for any tenant's or fessee's performance thereunder, and all -r"\er,8:ments. extensions, renewals and modifications thereto (each, a "Lease'' and collectively, the ._::-a'2.~5"\. toge-01er wit.h any and all other rents. issues and profits of the Subject Property (col!ectivefy, ;:;ems"'} This assignment shal! not impose upon Beneficiary any duty to produce Rents from the ..-:;,_.t:j1::ct P~operty, nor cause Beneficiary to be: (a) a Nmortgagee in possession'' for a:iy purpose; (b) r,::,sponsible for performing any of the obligations of the lessor or landlord under any Lease; or (c) ·,:,::;;:m,,sible for any waste committed by any person or entity at any time in possession of the SUbject ,:::>··:ipert'y or any part thereof, or for any dangerous or defective condition of the Subject Property, or for c::17' negligence: ir, the management, upkeep, repair or control of the Subject Property, This is an ,c,::,so!ute assignment, not an assignment for security only, and Beneficiary's right to Rents is not : -::.r.tingent upon and may be exercised without taking possession of the Subject Property. Grantor ,.~;:ees to execute and deliver to Beneficiary. within five {5) days of Beneficiary's written request, such :,r.;ditional documents as Beneficiary or Trustee may reasonably request to further evidence the £,'.,::,ignment to Beneficiary of any and all Leases and Rents. Beneficiary or Trustee, at Beneficiary's .:· .:::::on ard wit'1out notice, may notify any Jessee or tenant of this assignment of the Leases and Rents. '.: .:2 ~~on of Security_,_ To protect the security of this assignment, Grantor agrees: ~ 1 M Grantor's sole cost and expense: (i) to perform each obligation to be performed by the lessor a: iandlo~d under each Lease and to enforce or secure the perfonnance of each obligation to be uerformed by the lessee or tenant under each Lease; (ii) not to modify any Lease in any material respect, nor accept surrender under or terminate the term of any Lease; (iii) not to anticipate the Rg.nts under any Lease; and (iv) not tc waive or release any lessee or tenant of or from any Lease cbligations. Grantor assigns to Beneficiary all of Grantor's right and power to modify tlie terms of any Lease to accept a surrender under or terminate the term of or anticipate the Renls under any Lease, and to waive or refease any lessee or tenant of or from any Lease obligations, and any at!empt on the part of Grantor to exercise any such rights or powers without Beneficiary's prior 'Jvritten consent shall be a breach of the terms hereof. A: Grantor's sole cost and expense, to defend any action in any manner connected With any Lease c~ lhe obligations thereunder, and to pay all costs of Beneficiary or Trustee, including reasonable a:tomeys' fees, in :any such action in which Beneficiary or Trustee may appear. c: Tri.at. shou!d Granter fail to do any act required to be done by Granter under a Lease. then Be:ieficiary or Trustee, but without obligation to do so and without notice to Granter and without re-leasing Grantor from any obligation hereunder, may make or do the same in such manner and to such extent as Beneficiary or Trustee deems necessary to protect the security hereof, and, in 20070827001667,:: exercising si.:ch powers, Beneficrary or Trustee may employ attorneys and other agents, and Gramc; shali pay necessary costs and reasonable attorneys' fees incurred by Beneficiary or Trustee, or their agents, in the exercise of the powers granted herein. Granter shalt give prompt notice tc Beneficiary of any default by any lessee or tenant under any Lease, and of any notice of default on the part of Granter under any Lease received from a lessee or tenant thereunder, together with an accurate and complete copy thereof. G) To pay :o Beneficiary immediately upon demand all sums expended under the authority hereof, including reasonable attorneys' fees, together with interest thereon at the highest rate per annum payable under any Secured Obligation, and the same, at Beneficiary's option, may be added to any Secured Otligation and shall be secured hereby. ~; C,3 License Beneficiary confers upon Granter a license ("License") to collect and retain the Rents as, J'.,t no: before. they come due and payable, until the occurrence of any Default. Upon the occurrence of 2:".'J Defau 1t. the License shaii be automatically revoked. and Beneficiary or Trustee may, at Ba.neficiary's cption and without notice, either in person or by agent. with or without bringing any action, ::~ oy a receiv~r to be appointed by a court: (a) enter, take possession of, manage and operate the 3,.m~ect Property or any part thereof; (b) make, cancel, enforce or modify any Lease; (c) obtain and evict cs·nants, fix er modify Rents. and do any a:ts which Beneficjary or Trustee deems proper to protect the ~ec:.:dy ~ered; and ,:a) either with or without taking possession of the Subject Property, in its own -[1mf\ sue for 'Jr otherwise collect and receive all Rents, including those past due and unpaid, and apply 'ne same in accordance with the provisions of this Deed of Trust. The entering and taking possession ,y the S1Jbject P:-operty, the collection of Rents and the application thereof as aforesaid, shall not cure or ::.~:ill't: aiw Defaull, nor waive, modify or affect any notice of default hereunder, nor invalidate any act :.::;re ;:,1,rs~ant to any such notice. Yhe License shall not grant to Beneficiary or Trustee the right to ,·,,.ssessic"l, ex·:ept as provided in this Deed of Trust. ·, _14 As5!gnment of leases Perfect@. The assignment by Grantor of the Leases and Rents in this .:..·-t:icle ill is intended to be specific, perfected and choate upon the recording of this Deed of Trust as orovided in RCW 7.28.230(3). ARTICLE IV. RIGHTS AND DUTIES OF THE PARTIES ff-J1 Title. Grantor warrants that, except as disclosed to Beneficiary prior to the date hereof in a writing w::ict, refers to this warranty, Grar.tor lawfully possesses and holds fee simple title to, or if permitted by s~nefciary in writing, a leasehold interest in, the Subject Property without limitation on the right to E'~cumber. as herein provided, and that this Deed of Trust is a valid lien on the Subject Property and all cf Granter's interest therein. 4.02 Taxes and Assessmerns Subject to fhe right, if any, of Grantor to contest payment of the fonowing pursuant to any other agreement between Granter and Beneficiary, Granter shall pay prior to ,:;ei,nquency all taxes, assessments, levies and charges imposed: (a) by any public or quasi-public a:1mcrity or utrtity company which are or which may become a rien upon or cause a loss in value of the 2u0ject Property ar any interest therein; or (b) by any public authority upon Beneficiary by reason ot its 'r,.:erest in any Secured Obligation or in the Subject Property, or by reason of any payment made to i3e1~ef1cia:y pursuant to any Secured Obligation; provided however, that Grantor shali have no obligation (:: :Jay any income taxes of Beneficiary. Promptly upon request by Beneficiary, Granter shall furnish to B::!nefic;ary satisfactory evidence of the payment of all of the foregoing. Beneficiary is hereby af."lor\zed to request and receive from the responsible governmental and non-governmental personnel \'c·,·1!~en statements with respect to the acc,ual and payment of any of the foregoing. Perf:;;rmar:ce of Secured Obligations. Grantor shall promptly pay and perform each Secured ,:::~)i!gatior. when due. 20070827001667 ·.cc· ... Jt. ~ F.ncumbrances and Charges. Grantor shall immediately discharge any lien en the Subject i"'roperty not approved by Beneficiary :n writing. Except as otherwise provided in any Secured ()bli£ation or other agreement with Beneficiary, Grantor shall pay when due all obligations secured by or ,ecl:..icible to ;iens and encumbrances which shall now or hereafter encumber the Subject Property, wnether senior or subordinate hereto, including without limitation, any mechanies' liens. 4.05 Insurance. Granter shall insure the Subject Property against loss or damage by fire and such other nsks as Beneficiary shall from time to time require. Grantor shall carry publlc liability insurance, flood insurance as required by applicable law and such other insurance as Beneficiary may reasonably ,-equire, including without limitation, business interruption insurance or loss of rental value insurance. Grantor shall maintain aU required insurance at Grantor's expense, under policies issued by companies :·mcl 1n form and substance satisfactory to Beneficial)'. Neither Beneficiary nor Trustee, by reason of z;,xe.::--ting, rejecting, approving or obtaining insurance, shall incur any liability for: (a) the existence, --io1existence, form or legal sufficiency thereof; (b) the solvency of any insurer; or (cl the payment of iosscs. AH poiicies and certificates of insurance shall name Beneficiary as loss payee, and shall provide tr,at ~he insurance cannot be terminated as to Beneficiary except upon a minimum of ten (10) days' prior w~itten notice to Beneficiary. Immediately upon any request by Beneficiary, Grantor shall deliver to Beneficiary the original of all such poiicies or certfficates, with receipts evidencing annual prepayment of the premiums. 4.06 Tax and Insurance Impounds. At Beneficiary's option and upon its demand, Granter shall, until all Sds:;t.,r~d Ob'.igations have been paid in full, pay to Beneficiary monthly, annually or as otherwise :::.:ecred by Beneficiary an amour.t estimated by Beneficiary to be equal to: (a) all taxes, assessments. e-11es B'ld charges imposed by any public or quasi-public authority or utility company which are or may ·:,-:co-T:E: a !:er'. t,pon the Subject Property and will become due for the tax year during which such ::::yrnent is so directed; and (b) premiums for fire, other hazard and mortgage insurarice next due. If 2~neftc1ary de•.ermi:ies lhat amounts paid by Grantor are insufficient for the payment in full of such ;.:i;<es, assessrne:its. levies and/or insurance premiums, Beneficiary shall notify Grantor of the increased s.mour.t required for the payment thereof when due, and Grantor shall pay to Beneficiary such additional a.r:1ount within :hirty (30) days after notice from Beneficiary. Alf amounts so paid shall not bear interest, c:;xcept to the ex;tent and in the amount required by law. So long as there is no Default, Beneficiary shall c.:r.,ply said amounts to the payment of, or at Beneficiary's sole option release said funds to Granter for ~pplicaticn to and payment of, such taxes, assessments, levies, charges and insurance premiums. If a :)r:!fa·.Jit exists, Beneficiary at its sole option may apply all or any part of said amounts io any Secured 0:--,ligat;on andior to cure such Default, in which event Granter shall be required to restore all amounts s;; apphect, as well as to cure any Default not cured by such application. Grat1tor hereby grants and :~a:1sfers to Beneficial)I a security interest in all amounts so paid and held in Beneficiary's possession, 2nd ail proceeds thereof. to secure the payment and performance of each Secured Obligation. Upon assignment of t!lis Deed of Trust, Beneficiary shall have the right to assign all amounts collected and in its oo~session to its assignee, whereupon Beneficiary and Trustee shall be released from ali liability with '~sped therelo. The existence of said impounds shall not limit Beneficiary's rights under any other ;::~ovis:on of this Deed of Trust or any other agreement, statute or rule of law. Within ninety-five {95} a:ays foliowing f<JII repayment of all Secured Obligations (other than as a consequence of a foreclosure er ·:::onveyance i:i lieu of foreciosure of the liens and security interests securing any Secured Obligation), ~~ et such earlier t,me as Beneficiary in its discretion may elect, the balance of all amounts collected and n Beneficiary's possession shall be paid to Granter, and no other party shall have any right of clalm tne~eto . ... l·7 Damages· insurance and Condemnation ProGflflds. a! \i) All awards of damages and ail other compensation payable directly or indirectly by reason of a condemnation or proposed condemnation (or transfer in lieu thereof) for public or private use affecting 1he Subject Property; (ii) ~II other claims and awards for damages to or decrease in value of the Subject Property; (iii} al! proceeds of any insurance policies payable by reason of loss sustained :o the Subject Property; and (iv) all interest which may accrue on ar.y of the foregoing, 20070827001667 · are au "bsol:..itely and irrevocably assigned to and shall be paid to Beneficiary. At the absolute d·.scret10'1 of Beneficiary, whether or not its security is or may be impaired, but subject to applicable :a-,,,, :i r'ry. and without regard to any requirement contained in any other Section hereof, Beneficiary may apply all er any a:' the proceeds it receives to its expenses ln settling. prosecuting or Je-:'er.ding any such claim and apply the balance to the Secured Obligations in any order, and ·e/ease 3;1 or a:iy part of the proceeds to Grantor upon any conditions Beneficiary may impose. 3er.eflciary may commence. appear in, defend or prosecute any assigned claim or action, and may adj:;st, compromise, settfe and collect afl claims and awards assigned to Beneficiary; provided no1•1ever. tilat ir. no event s:ia!I Beneficiary be responsible for any failure lo collect any clatm or .3warn, regaraless of the cause of the faflure. At r.s so\e option, Beneficiar1 may permit insurance or condemnation proceeas held by Beneficiary ::o :-.. e us.gd for repair or restoration but may impose any conditions on such use as Beneficiary :.;\:E:: ns 13c,:;ssary. -· c. \'.a,~ter-~·rY',:; a/id Preservation of Sut)ject Property. Subject to the pl'OVisions of any Secured .>J· .. L;:a.frP.~ Grz.nt~r covenants: t·J ~:eep :1e Subject Property in good condftion and repair, ex•.-::t-!pI v.:,th Beneficiary's prior written consent, not to remove or demolish the Subject Property, nor a/t.;,r res7cre or add to the Subject Property, nor initiate or acquiesce in any change i:1 any zoning '.)r ::.~r,er ·.nn::t ciassti,cat"lon whicn affects the Subject Property; ::.i ~estore promptly arid in good workmanlike manner any portion of the Subject Property which :ic.1, be :iarna~ed or destroyed, unless Beneficiary requires that all of the insurance proceeds be .;sed ic rt::duc-e tre Secured Obiigat1ons as provided in Section 4.07 hereof; '":c ~orr-p;y w't~ unt: .'lot to suffer violation of any or all of the foflowing which govern acts or -~o;;c.iu0(;t 0'."'1, or otherwise affect the Subject Property: (I) laws, ordinances, regulat:ons, standards a;·,( JIJdicioi and administrative rules and orders; (ii) covenants, conditions, restrictions and ·::c;:..:1:.3b:::1 $ervitudes, whether public er private; and (iii) requirements of insurance companies and ,my bureau or agency which establishes standards of i11surability; nu•.1c ,:;orr,.r:-it er permi;: waste of the Subject Property; and to de ai: other acts which from the character or use of the Subject Property may be reasonably r:,3cessary to maintain and preserve its value . .:'.. ~;~·i l:t::!z:ardpus Substances· Envtron&ota! Provisions, Granter represents and warrants to 8.:;•·refic'a,y as foilows: Except as disclosed to Beneficiary in writing prior to the date hereof, the Subject Property is not ar'.d has not t;een a site for the use, generation. manufacture, storage. treatment, disposal, release c~ ~rn?ate·1ed release, transportation or presence of any substances which are "hazardous s..;t.stAnc:,~~,'' "hazardous wastes," "~azardous materials" or "toxic substances'' under the rs2'""•dct:s; f.f.ateriais ~aws. as ctefir.ed below, and/or other applicable enviro.1mental laws, cni1;:a:1ces a:-rd regu;ations (co!iectivefy, the "Hazardous Materials"). I :~e S:Jb e::.~ Property is in complianoe with all laws, ordinances and regu!ations relating to !.az2rrlous Materials (collectively, the "Hazardous Materials Laws"), including without limitation, the C/1:,2.~, Air ;\ct. the Federal Water Pollution Control Act, the Federal Resource Consenration and Recover; Act of 1 ;)76, the Comprehensive Environmental Response, Compensation and Liability /-...::t .')f '198:J, the Supertund Amendments and Reauthorization Act of 1986, the Federal Toxic SL:;:istance$. Control Act and the Occupational Safety and Health Act, as any of the same may be ;:~,anced. modified or supplemented from time to time, and any other applicabie federal, state or 'o~a: <::r,v,ro11n1enta, :aws, and any rules or regulations adopted pursuant to any of the 1oregoing. Ti1ere are :· o c!airr:s or actions pending or threatened against Grantor or the Subject Property by ar,;, go·:eT,:nental entity O( agency, or any other person or entity, relating to any Hazardous f-!,a;er:.a!s or pursuant to any Hazardous Materials LaWs. 20070827001667 ·--· C-.rar.tor hereby agrees to defend. indemnify and hold harmless Beneficiary. its directors, officers, e;:ployECes. agents. successors ar.d assigns, from and against any and all :osses, damages. i·.ab:!it:ef;, :::1a:ms. actions. iudgments, court costs and legal or other expenses (including without '.:,:-:,i.tciioq. attor!'leys' fees and expenses) which Beneficiary may incur as a direct or indirect :.:c:'.seqLercs of the use, generation, manufacture, storage, treatment, disposal, release o~ ,rreate:"!ed :elease, transportatior. er presence of Hazardous Materials in, en, under or about the S;ibject Property. Grantor shall pay to Beneficiary immediately upon demand any amounts owing under this mdemnity. together with interest from the date of demand until pald in full at the hrghesl reote of interest applicable to any Secured Obligation. GRANTOR'S DUTY AND OBLIGATION TO DEFEND, INDEMNIFY AN::l HOLD HARMLESS BENEFICIARY SHALL SURVIVE THE CA.NCEcLATION OF THE SECURED OBLIGATIONS AND THE RELEASE, RECONVEYANCE ~,-,, PARTIAL RECONVEYANCE OF THIS DEED OF TRUST. ~rc-1 rit~T ?.hall :no mediately advise Be:1eficiary in writing upon Grantor's discovery of any occurrence :-conj\iior, .:Jn ,he Subject ?roper.y or en any real property adjoining or in ihe vicinity of the :; . .1b!e,-:' P,openy ~:lat does or co·...ild cause all or any part of the Subject P,.operty to be .;ontat<' naLad \Nit!" any Hazardous Materials or otherwise be in violation of any Hazardou~ \/.-a1eria!8 Laws. or cause the Subject Property to be subject to any restrictio1s on t"le ownershio, ~;c:. .. Jponcv. transferability or use thereof under any Hazardous Materials Laws. ,.:>,o;e;ticn d $ecurity. Gra;1t0r shall at Grantor's sole expense: {a) protect, preserve and defeno :~ -? :Su2j0c! P:-operty and Grantor's title and right to possession of the Subject Property against at! :: .·;e··ss ::Jaim>->; : b) if ::;rantor's interest in ttie Subject Property is a leasehold interest or estate, pay and :..~:ic 0rr1 1r· a rirTle!y manner all obligations to be paid and/or performed by the iessee or tenant under the :--:·,";;E' --~ :;the: agreement creatir,g su~n leasehold interest or estate; and {c) p;0tect, preserve and ~ fer-:-: :r.e--se1;~dy of this Deed of Trust and the rights and powers of Beneficiary a:td Trustee under -, ., ~:eea of T:ust against aH adverse c!aims. Granter shall give Beneficiary and Trustee p:ompt notice ·. -:r\+.' .:g of tti·.: asser:·10'."'! of any claim, tile filing of any action or proceeding, or the occurrence of any ::-.::tc"li;J~. ·:oncit::mnation oHer or other aclio11 refating to or affecting the Subject Property and, if Grantor's ~_2,·P-~t -r: the .3ubject Property is a leasehoid interest or estate, of any notice of default o, demand for __ .,::,,fcn:ia~ce :Jnder the lease or other agreement pursuant to which such leasehold interest or estate ;\-,,s :::~eared or exists. · ', ,\cceptance ct Ttust" Powers and Dui.ies of Trustee, Trustee accepts this tr..1st when tnis Deed of ··,·,,s~ is .axecutad. From time to time, upon written request of Beneficiary and, to the extent required by ,:pc·1cai)!e law presentation of this Deed of Trust for endorsement. and without affecting the personal ,,:,:.·,;Jit; -2if any person fer payment of a:,y indebtedness Or pezformance of any of the Secured ·.~·~LQ,T'ur~s. Be:iefbar;, or Trustee at Beneficiary's direction, may, without obligation to do so or liability -.-,,ref:::· and wi±Jout notice: (a} reconvey al! or any part of the Subject Property from the lien of this · :,,.::::l (:-f Tr'JSl, , b) consent to :he making of any map or plat of the Subject Property; and (c} join in ar.y ,,-,~ -i ,~3ser.1,;;it o:-aeclarat;on of covenants and restrictions with respect to the Subjed Property, or e.<1ensror: -:1:greement or any agreement subordinating the lien or charge of this Deed of Trust. : ~!ef ar Beneficiary may from time to time apply to any court of competent jurisdiction fer aid and ~-cu:-: ii' :ne exec:.;k::.1 ::,f the !rus:s and the enforcement of its rights and remedies available under :.'.L%d of T~us!, and may obtain orders or decrees directing, confirming or approving acts in the :.::::-u11,J:1 of .s:aij trusts and the er:forcement of said rights and remedies. Trustee has no ob~gation to d/ .l:iy ;:,arty of any pending sate or any action or proceeding (including, but not !imited to, actions in ), Gr;:r.tor. ·3enefic:ar; or Trustee shall be a party} unless held or commenced and maintained by :-,te;:; ;.;r.aer tr1i$ Deed of Trust. Trustee shall not be obligated to perform any act required of it under ,~: .. ~ Oeec' of Tn. st unless the performance of the act is requested in writing and Trustee is reasor:abiy ·: -:.:m:·,:-:;ed aga.nst a:l losses. costs, liabilities and expenses in connection therewith . . ~::,mpens.?Jion· Exculpation· Indemnification. (--:rarrto~ shah pay all Trustee's fees and reimburse Trustee for all expenses in the adm:nistration of 20070827001667 t:>:s ttl's!. 'nc;s.1ding reasonable attorneys' fees. Granter shall pay Beneficiary reasonable :e:mne,,saticri for services ;-endered concerning this Deed of Trust, including without limitation, !he ;:.rov:d1;,g of ar,y statement of ar:iounts owing under any Secured Obligation. Beneficiary shall 1ot c1:ectly or indlrect!y be liabie to Grantor or any other person as a consequence .of: (i) the exerc:se cf arv ·ights, remedies or powers granted to Beneficiary in th'is Deed of Trust; (ii) the failure or ra.h.isai .:;f Benefidary to pertorm or discharge any obligation or liability of Grantor under this Deed of Trust or any Lease or other agreement related to the Subject Property; or (iii} any loss sustained t-y G~a"1tor or an)' third party as a result of Beneficiary's failure to lease the Subject Property after any Defa1,..lt or frcrn any other ac~ or omission of Beneficiary in managing the Subject Property after any OefatJlt unless such loss is caused by the willful misconduct or gross negligence of 3e1cfic.iar:~: and no such !iaOility shall be asserted or enforced against Beneficiary, and all suer, i'abiWy is heret:y expressly waivea and released by Granter. 1:'rar,:or shall indemnify Trustee and Beneficiary against, and hold them harrr:less tram, any and ail uses. damages, liabifittes claims, causes of action, judgments, court costs, attorneys' fees and o-.:-,'::•; ·:e.;Ja', expenses, costs of evidence of title, costs of evidence of value. and other expenses ,1vh:c~1 ,;;ther :nay suffer or ;."lcur: (i) by reason of this Deed of Trust; (ii) by reason of the execution o;-:his ~r-~st or the pe'icnnance of ary act required or permitted hereunder or ':Jy law; (iii) as a result :/ any f£.i!ure of Gtantor to perform Grantor's obligations; or (iv) by reason of any alleged obligation ::.r unae:takir.g of Beneficiary to perform or discharge any of the representations, warranties, ::ondirions, covenants or other ob!igations contained in any other document related to the Subject =-rcpen~·-including without iimitatior.. the payment of any taxes, assessments, re,1ts or other fease :r.:i1igat10.1s. 1:ens, enwmbrances or other obligations of Grantor under this Deed of Trust. Grantor's duly to indemnify Trustee and Beneficiary shall survive the payment, discharge or .:::.a,~ceiiatior, of the Secured Obligations and the release or reconveyance, in whole or in part. of ~h,,:: Deed of Trust .3ra.~tor· shall pay all indebtedness arising Lmder this Section 4.12 immediately upon demana oy ··rustee :)r Se-neficiary, together with interest thereon from the date of demand until paid in fult at 't11c: highest rate per annum !)ayable under any Secured Obligation. Beneficiary may, at its option, Jc.a arw 3uch indebtedness re any Secured Obligation. '3 S1;bstitut1oc gf Trustees. From time lo time, by a writing signed and acknowledged by Beneficiary c,-a recordeci 10 each Office in wnich this Deed of Trust is recorded, Beneficiary may appoint another ,.sts,o :o act in th1:1 place and stead of Trustee or any successor. Such writing shalt set forth the ,, ~'.)rn~,t,0:1 date ar.d any recording o~ other information required by Jaw. The ceccrdation of such -:-~1"."'er: o'." ~.ubstltu:ion sha!I discharge Trustee herein named and shall appomt the :1ew trustee as , tr·Jstesi hereunder w:th the same ef.ect as if originally named Trustee hereln. A v-;riting recorded ·su,:-i-i: m t~e provisic:-is of this Sect:oi 4.13 shall be conclusive proof of toe p~oper substitution cf .,~,·, T·ustee _..)ue or. S~ Encumbrance Except as pennitted by the provisions of any Secured Obligation or ;:::ic.:ib,e law, if the Subiect Property or any !nterest therein shall be sold. transferrf'.d (including without ··'.:::.:,-:>n. wher<3: applicable. through sale or transfer of a majority or controlling interest of the corporate -:.:.ck. 01 any general partnership. limited liability company or other similar interests, of Grantor), ,-,on:gaged, assrgned, ercumbered or leased, whether voluntarily, involuntarily or by operation of law :.:er d which action5 and events is called a "Transfer"), without Beneficiary's prior written consent, ·-:-'.'.E:\l Beneficiary may. at its sole option, declare all Secured Obligations lrnmediate1y aue and payable -~Ji· Granter shall notify Beneficiary in writing of each Transfer within ten {10) business days of the ·~'?.'.~ t1ereof. "' ~ . .:; rte:eases Extensions Modiflcatio.,s and Additional Securttv. Without noti-~e to o! the consent, ·:.·:·::i, 8; :i.· ag:-eerne~t of any persons or entities having any interest at any time in the Subject Property :J•oy 1nanr,e-obligated under any Secured Obligation (each, an "Interested Party'"), Beneficiary c'' :0 :J'"!' time tQ time, release any Interested Party from liability for the payment of any Secured 20070827001667• :,L,.if.JOtr:.:ir:, !ake any action or make any agreement extending the maturity or otherwise altering the '.er.":s er !r.uaasing the amount cf any Secured Obligation, accept addilional secudty, and enforce, :l'ar·,,s s:JDC:dnate or release al! or a portion of the Subject Property or any other security for any ·3e':i:r~a Obi g;:;tfo:1. None of the foregoing actions shall release or reduce the personal liability of any ~,,E::re5Md P;vty, nor release or impair the priority of the lien of this Deed of Trust upon the Subject . iii n2cor,veyani:::e.. Upon Beneficiary's written request, and solely to the extent required by applicable 3·,~ upon surrender nf this Deed of Trust and every note or other instrument setting forth any Secured ._)'J!:f,afors to T~ustee for cancel'.ation, Trustee shall reconvey, without warranty, the Sub1ect Property, / :,;at portion thereof then covered hereby, from the l'len of th'1s Deed of Trust. The recitals ot any -~a1t2rs or facts in any reconveyance executed hereunder shall be conclusive proof of the truth-ful-ness 1<?.reo~ To t'"'le extertt permitted oy iaw, the reconveyance may describe the grantee as "the person or -,¥sY1s iega:1y entit/eci thereto.'' Neitlier Beneficiary nor Trustee shall have any duty to determine the qh,:s of pers'Jr.s clairnir.g tc be rightful grantees of any reconveyance. When the SUtiJeCt Property has c--::-: ~ .-.... Ly re.-.onveyed, +Jie last such reccnveyance shall operate as a reassignmer.t of all future Rents :(; ,: .e uers;:>n o~ persc:r.s legaliy e.rititted thereto. Upon Beneficiary's demand, Grantor shall pay all costs ,rd expense$ incurred by Beneficiary in connection with any reconveyance. 17 .$,,brooation Be~eficiary shall te subrogated to the lien of aH encumbrances, whether or not ·<?.·,esiseo o'. reccrd. pctJa in whole or in part by Beneficiary pursuant to this Deed of Trust or by the ,voceeds of any Secured Obligation. ~. ,~ ::::;roritm D1ffe~erit from OblboX ("Third Party Granto(') As used in this Section 4.18, the term .>J!igc· sho'I :nean each persor, or entity obligated in any manner undet any of the Securej -".'.·b'.i~1at:cr.s: ;,rw the term ''Third Party Granter" shall mean (1) each person or entity jncluded in the :~f::1,,1,:ir; of (:rantor rierein and which is n:>t an Obliger under all of the Secured Obiigations, and (2} 3.Gh p7,scr ..ir entity :ncluded ir, t,1e definition of Grantor herein if any Obligor is not included in saia ;:;lr .. :·,or Si!pres.g:::itations end Warranties-Each Third Party Grantor reptesents and warrants to Beneficiary •ha:: (:) this Deed of Trus1 :s executed at an Obliger's request; (ii) this Deed of Trust complies with -ai. agreements between each Third Party Grantor and any Obliger regarding such Third Party .3~3nt:i~·s exe::utio~ hereof; (iii) Beneficiary has made no representation to any Third ?arty Grantor .;;s to the creditworthiness of any Obligor; and (iv) each Third Party Granter has established adeqt.:ate :-near.s of obtain·1ng from each Obligor on a continuing basis financial and other 1riformatkm pertaining to such Obligor's financial condition. Each Third Party Grantor agrees to keep adequately informed from such means of any facts, events or circumstances which mrght irc a:'.y way affect such Third Party Grantor's risks hereunder. Each Third Party Granter further 3grees inat Beneficiary shall have no obligation to disclose to any Third Party Grantor any info·mation or material about any Obligor which is acquired by Beneficiary !n any manner. The 'iabilrty of each Third Party Grantor hereunder shall be reinstated and revived, and the rights of BE:neficiary shall continue if and to the extent that for any reason any amoun, at any time-paio on a:::.::;oum of any Secured Obiigation is rescinded or must otheiwise be restored by Beneficiary, wi-.emer as a resuit of any proceedings in bankruptcy or reorganization or otherwise, all as though such amount "lad no1 been paid. The determination as to whether any amount so paid must be ~escmdec: or :es~ored shalf ba maoe by Beneficiary in its sole discretion; providec however, that i1 Beneficiary er.coses to contest any such matter at the request of any Third Party Grantor, each Third Party Grantor agrees to indemnify and hold Beneficiary harmless from and against all costs end expenses, including reasonable attorneys' fees, expended or incurred by Beneficiary 1n .::c,nnectic,n iherewith .. including without limitation, in any litigation with respect thereto . .P..!a;ver.s. ·::) Each Third Party Grantc,; waives any right to require Beneficiary to: (A) proceed against any :)t,;:gor o.-any other person; tB) marshal assets or ptoceed against or exhaust any security held 20070827001667 .: . from ary Obilgor or any other persor.; (C} give notice of the terms, time and p!ace of any public or v:vat,a saie or other disposition of personal property Security held from any Obligor or any othei pers:i1: (J) ,ake any action or pursue any other remedy in Beneficiary's power; or (E) make any oreseniment O' cemand for performance, or give any notice of nonperformance, protest, notice of ~otest or notice of dishonor l"ereunder or in connection with any obligations or evidences of ;,;(iebteJness 1-ie!d by Beneficiary as security for or which constitute in whole or in part the Secured Obl":gat,or,s, ::ir in connection with the creation of new or addilional obligations. : ) Ead-: Third Party Grarito: waives any defense to its obligations hereunder based upon or 8fislr.g )Y rec.1.scn of: (A) any disability or other defense of any Obligor er any other person; (B) the cessation or limitation from any cause whatsoever, other than payment in full, of any Secured Vjligatl:irr (C) any lack of authority of any officer, director, partner, agent or any other persrJn ,1cting u ~urpo'1ing to act en behalf of any Obfigor which is a corporation, partnership or other type :}f :;:nti'y. 01 c1ny defect in tile forr,iation of any such Obligor; (D) the application by any Obligor of : .. 18 ;.)rocee.:1s of ar.y Secured ObEgation for purposes other than the purposes represented by any ,Jc;.iig.:;: tc_ ,:i:-i:itended or ,.,ndersto:Jd by, Beneficiary or any Third Party Grantor; (E) any act a' ,::,:·-nisslon by B-eneficiary which directly or indirectly results in or aids the disct:argE: of any Obligor or a;-~1 po:".i.o,·1 oi any Secured Obligation by operation of Jaw or otheiwise, or ·which in any way 1r·1va1r::; x si..sper:ds any rights er remedies of Beneficiary against any Obligor; <F) any impairment ,::/ ~he \.alue of any interest in any security for the Secured Obfigations or any portton thereo: :-:':..;cfng with0ut i!mitation, the failure to obtain or maintain perfection or reoordat1on of any interest ·r: an/ sud: 3e.:::urity, the release cf any such security without substitution. and/or the failure to ornservE-t1·1e va\ue of, or to comp':y .vith applicable law in disposing of, any such security; (G) any 1,::,dif;ca:io,.., cf a:1y Secured Obligation, in any form whatsoever, including without limitation the .~enev-.,a:. extensio;, acceleration or other change in ttme for payment of, or other change in the ·e;:os of. any Secured Obligatior~ or any portion thereof, including increase or dec~ease of the rate :Jf 1nterest rnereon; o~ (H) any requirement that Beneficiary give any notice of acceptance of this ~eed of Trus~-Unf1! all Secured Obligations shall have been paid in full. no Third Party Gra11tor 3:lail na1,e any right of subrogation, and each Third Party Granter waives any right to enforce any -e:'ledy 1vh:ch Bereficiary now has or may hereafter have against any Obligor or any other person, and wai·:es any benefit of, or any right to participate in, any security now or hereafter held by Ge:-,eficiary. Each Third Party Granter further waives all rights and defenses it may have arising )Lt o~: ; ~) an:y eiection of remedies by Beneficiary, even though that election of remedies, such ~s -; ""Dn-judicial foreclosure with respect to any security for any portion of the Secured Obl'igatlons, '..iestroy::. suer: Third Party Grantor's rights of subrogation or such Third Party Grantor's rights to ~~~cceec 3gainst ar1y Obliger for reimbursement; or (2) any ross of rights any Third Party Granter ::iay suffci; by reason cf ar:y rights, powers or remedies of any Obliger in connection with any 2-:iti~deflc·anq, laws or any other ;aws limiting, qualifying or discharging any Obligor's obligations, vJr.ethe• ny operation of law or otherwise, induding any rights ar.y Third Party Granter may have to 2 fair market value hearing to determ:ne the size of a deficiency following any trustee's foreclosure sa:e or otris~ d•.sposition of any security for any portion of the Secured Obligations. :);;. !f any cf said waivers is determined to be contrary to any applicable law er public policy, such .,a:ver snali be e:=fective to the extent ;:iermitted by applicable law or public pollcy_ AR"'."ICLE V. DEFAULT PRQYISIONS T11c occ•Jr~en;::e ot a:iy of the following shall constitute a "Default" under this Deed of Trust (a) ·C"?~':o~ sr.ad '.aii ~o ,Jbserve or perform any obligation or agreement contained herein; (b) any · · ·,r9<:.en:ation Jr warramy of Granter herein shall prove to be incorrect, false or misleading in any ---.teri.c:i: respsr;:: when :nade; or {c) any default in the payment or performance of any obligation. or any 20070827001567 .vi j9;"·r.ed evert cf defauit, under any provisions of the Note or any other contract, instrument or document <3x1c;c\Hc:d !n connection with, or with respect to, any Secured Obligation. -:; "\~ Rjgnts and Remedies Upon the occurrence of any Default, and at any time thereafter_ Jerief:c:ary and Trustee shall have all the following rights and remedies: ct) Vl/ith or without notice, to declare ali Secured Obligations immediately due and payable in full. ·~,J With o: without notice, without releasing Granter from any Secured Obligation and without ~ecoming a mortgagee in possession, to cure any Default of Grant or and, in connection therewith: ;i) to enter upon the Subject Property and to do such acts and things as Beneficiary or Trustee Csems necessary or desirable to protect the security of this Deed of Trust. including without '.imitation, to appear in and defend any action or proceeding purporting to affect the security of this Deed ::::f Trust er the rights or powers of Beneficiary or Trustee hereunder; (ii) to pay, purchase, -..:.mtef,t o, compmm1se an\• encumbrance, charge, lien or claim of lien which, in the judgment of EA;,,.er Ben,::f,dary or Trustee, ls ser-ior in priority to this Deed of Trust, the judgment of Beneficiary c1 TrL.s.ee beir.g cor:clusive as Cetween the parties hereto; (iii) to obtain, and to ;::,ay any premiums t.r cha~.1es with respect to, any !naurance required to be carried hereunder; and (iv) to employ cou.1sei, account2nts, contractors and other appropriate persons to assist them. To c0m.T.ence a.no maintain an action or actions in any court of competent j..irisdiction to foreclose •,n s Deed of Trust as a mortgage or to obtain specific enforce-ment of the covenants of Grantor .Jr.de.:-tt·,is Deed of Trust. and Grantor agrees that such covenants shall be specifically enforceable b'r' injl,rict1on o· any other aopropriate equitable remedy. For the purposes of any suit brought ... ~Jer t:1is subsection. Grant or 'Neives the defenses of !aches and any applicable statute of ;nn,'tatioais. 1 o appl)· tc a court of competent jurisdiction for and obtain appointment of a receiver of the Subje:ct 0 ·:::perty as a matter of strict right and without regard to: (i) the adequacy of the security for the repayment of :he Secured Obligations; (ii) the existence of a deciaration that the Secured Obligations are l:nmediate!y due and payable; or Oii) the filing of a notice of default; and Gran:or consents to suc1 appointment. 6 To take and ;:iossess air documents. books, records, papers and accounts cf Granter or the then vwner at the Subject Property; to make or modify Leases of, and other agreements with respect to. tre Subject Property upon such ;:erms and conditions as Beneficiary deems proper; and to make 'epair:?., d\terations and improvements to the Subject Property deemed necessary, in Trustee's or 3enefic:ary's jucgment, to protect or enhance the security hereof. ..,.. c sxect. te er cause Trustee to execute a written notice of such Default and of its election to cause t~::-; SuOject Property to be sold to satisfy the Secured Obligations. Trustee shall give and record ::ouc:i .10:ice es the law then requires as a condition precedent to a trustee's sale. When the ·:1:n•m~1rr, period of time required by !aw after such notice has elapsed, Trustee, without notice to or ::emana upor, Granter, except as otherwise required by law, shalt sell the Subjec-t Property at the '.1n:E ar.d p:ace of sale fixed by it in the notice of sale, at one or several sales. either as a who!e or :.-; sep1:,rate parce:s and in such manner and order, all as directed by Beneficiary in its sole ".iif.-c,etim ,, at public auction to the highest bidder for cash, in lawful money of tre United States, ;;.a~·nbfe a:. the time of sale. Except as required by law, neither Granter nor any other person or entity s'lall hav(; the right to direct the order in which the Subject Property is sold. Subject to r,~q·.;iren1,mts and limits imposed by !aw, Trustee may postpone any sale of the Subject Property by ~,u::-i:c .an.1ounce:r.ent at such fime and place of sale, and from time to time may postpone such saie by pubiic announcement at the time and place fixed by the preceding postponement. Trustee ~.,1e.i1 deiiver m the purcnaser at sucf-r sale a deed conveying the Subject Property or portion thereof 5.J sole. t:ut w:thout any covenant or warranty, express or implied. The recitals in said deed of any ·!·,atters or facts s:--1al! be concfusive proof of the truthfulness tnereof. Any person, including frusree, Grantor or Beneficiary, may purchase at such sale. r J resort to and reaiize upor. the security hereunder and any other security now or later held by 3~neficiary concurrently or successively and in one or several consolidated or independent judicial 2007oa27001ss7.u, 2c:ion,; er iawf:JHy taken nonRJudic1al proceedings, or both, and to apply the proceeds received in ,c1ccordcnce with Section 5.03 hereof, all in such order and manner as Beneficiary shall determine nits so,e aiscretion. L1por sale of the Subject Property a: any judicial or non-judicial foreclosure, Benefictary may credit :Jid (as determinea by Benefic!ary in its sole discretion) all or an:,• portion of the Secured ;:)t):igati:Jns ir determining such credit bld, Beneficiary may, but is not obligated to, take into ace.cunt all or any of the following: (i: appraisals of the Subject Property as such appraisals may be cfsc:xmtea a~ adjusted by Beneficiary in its sole underwriting discretion; (ii) expenses and costs :nc1..ned by Beneficiary with respect to the Subject Property prior to foreclosure; {iii) expenses and costs w1ich Beneficiary anticipates wilt be incurred with respect to the Subject Property after 'orectcs·..;re b"Jt prior tc-resale, \nctuding without !imitation, costs of structural reports and other due c\,ge.-ecc-, costs to carry the Sub.:ect Property prior to resale, costs of resale (e.g., commissions, 3it::-.mey-;' fees, and taxes), Hazardous Materials ciean-up and mon~oring, deferred maintenance, r::,pai~ : .. ifL:~b'.shrn.er,t a;1d retro:it, and costs of defending or settling litigation affecting the Subjec~ :..J·,:iper.y ,,vj dec:ining trends in real property values generally and with respect to properties :-,:·r:ia· u t'"le SubJect Prop€'.r!y; (v) a11ticipated discounts upon resate of the Subject Property as a :i::5UessE-C -::ir fo,ec1,osed property; (vi) the existence of addit'1onal collateral, if any, fo:-the Securec ·::>.::-i:got::·:1s: anc \A:') such other factors or matters that Beneficiary deems appropriate. Granter ;:;:c:<.1owl"dges: and agrees tnat (A) aeneficiary is not required to use any or all of the foregoins ~a:wrs !.:1 determine the amount of its credit bid; (B} this Section does not impcse c.1pon Beneficiary '<ry addi'.io1a! obligations that are not imposed by !aw at the time the credit bcid is made; (C) the .2.::--:,unt r,f 8e11eficiary's credit ;)id need not have any relation to any loan-to-value ratios specified in ~sny agreement between Grantor and Beneficiary or previously discussed :..y Grantor and 3er:ef'.:::i~;.ry: and (D) Beneficiary's credit bid may be, at Beneficiary·s sole discretion. higher er !owe~ :.han any appraised value of the Subject Property. -:: 1'.\:1p1icac,o:1 er Foreclosure Sale Proceeds After deducting alt costs, fees and exper,ses of · ;sc3e, and ef this trust including costs of evidence of title and attorneys' fees in conrtection with a -c'/(! 2.i: pro::::eeds cf any forectosure sale '3hafl be applied first, to payment of all Secured Obligations '.:duding with-J.ut limiration, an surrs expended by Beneficiary under the terms hereof and not then ,J3:-), wilfl ac-:n.:ea interest at the higllest rate per annum payable under any Secc.ired Obligation), in ,,,ch ::rder ar.c amounts as Beneficjary in its sole discretion shall determine; and the reJT1ainder, if any, :1~ ::,erson C' persons legally entitled thereto. "·.1-.:,ppiica~ic1n of Other Sums All Rents or other sums received by Beneficiary or any agent or ··,. ·s:\·er 1-iereur\der, less all costs and expenses incurred by Beneficiary or such agent or receiver, .1..:::n:g ;eascnable attorneys' fees, shall be appfied to payment of the Secured Obligations in such i'·.·;r :JS Ber.ef .::ia,y sJ-ali determine in its sole discretion; provided however, that Beneficiary shall have c.!:i,iity fo~· 11.;ncs not actually reeeived by Beneficiary. NG Qqre or Wa,ver Neithe' Ber.eficiary's, Trustee's or any receiver's entry upon and taking :"se<,;::;:·_,·1 of :he Subjec:t Property, nor any collection of Rents, insurance proceeds, condemnation · ~.eo·-;o. or da;'lages, other securi,y er proc.eeds of other security, or other sums, nor the application of :c.i;~cteo :;um :o any Secured Obligation, nor the exercise of any other rrght or remedy by · ·.,,J,;_::ar/, '::-;_,5tee er ar.y re:::e1ve, sha;; impair the status of the security of this Deed of Trust, or cure <,2,1v2 Biy ::ireac~. Defau!t or notice of default under this Deed of Trust, or :iullrfy the effect of any .::t A deb,n1 c· sale (,mless a!i SecurAd Obligations and any other sums then due hereunder have :_:aid in t,1i1 and Grantor has ,;~red all other Defaults), or prejudice Beneficiary or Trustee In the •·:::rs,~ 0f any right 0r remedy, or be construed as an affirmation by Benefo::iary of any tenancy, lease , :.k,;.~ of the 3ubject Property or a subordination of the lien of this Deed of Trust :-G~xpenses and Attorneys' Fees. Grantor agrees to pay to Beneficiary immediately upon '3:-:C: the fui: amount of aH payments, advances, charges, costs and expenses, mclud,ng court costs 20070827001667 ::: , -. -:c 1·easonao1E:-attorneys' fees (to inc1ude outside counsel fees and all allocated costs of Benefictary·s ::-:-,:.usf;, counsel\ expended or incurred by Trustee or Beneficiary pursuant to this Article V, whether :...,CLJred at the trial or appeilate :eve!, in an arbitration proceeding or otherwise, ar.d including any of the 'J1;,;;;:;1tg :ncurrea n connection with any bankruptcy proceeding (including without limitation, ariy -,j-_.ersary oroe<aeding, contested matter or motion brought by Beneficiary or any other person) relating c: Grari:or or-in any way affecting an;, of the Subject Property or Beneficiary's ability to exercise any of :s :,'1Jhts or remedies with respect thereto. All of the foregoing shall be paid by Granter with interest '~cm the aate of demand until paid '1n full at the highest rate per annum payabie under any Secured .)bf:.gcifon -,:,,·-!:·ewer o file No~1ces and Qure Defaults. Grantor hereby irrevocably appotr.ts Beneficiary and 'ts · ;::,:·srso~s a1•:l assi:Jns as Grantc~·s true attorney-in-fact to perform any of the fo!!owing powers, whict-. -.,~'3c ~.:-;:· ·s ·.:.:;;__;pied w:tl": ar. interest: (a) to execute and/or record any noUces of completion. cessation of Jr.c~ ,Jr ar:y ot11er .'lotices that Beneficia:y deems appropriate to protect Beneficiary's interest: and rn; ·· t'.,:, oG:::::Jr:en::;e cf any· event. act er omission which with the giving of notice or the passage ,Jf :--11;,. u beth. ,rJo:Jid constitute a Defauit, to perfonn any obligation of Grantor hereunder; provided Jw,::1,,t;r _ th;:J.' Beneficiary, as sucn attor:1ey-in~fact, shall only be accountable for such funds as are :<!L1i1 iy receiver:: by Beneficiary, a!ld Beneficiary shall not be liable to Grantor o.· any other person or ,.:;ti:y to, any .'aiiurn to act under this Section. C!8 Bem~d!:':!S C1Jmuiative· Ng Waiver. All rights, powers and remedies of Beneficiary and Trustee e;e-:·to_n.;:·e,r are cumulative anc: are in addition to all rights, powers and remedies provded by law or ·In , ·,,. c':'"IH a9reemer.ts between Granter and Beneficiary. No delay, failure or discontinuance of t:1c:-'lc:!iciary i.1 exercising any right, power or remedy hereunder shall affect or operate as a waiver 0f ,,.1..::r :-'grt. ::)owe: er remedy; nor shall any single or partial exercise of any such right, power or remedy ~:··ec:;:-:~. wawe or otherv,/1se affect any other or further exercise thereof or the exercise of any other J'lf :::iower or remedy. ARTICLE Vt. MISCELLANEQIJS PROVISIONS :.~ 1\10 Merger 1\-o 'l1erger shall occur as a result of Beneficiary's acquiring any other estate in, or any ::L,<e; :1-e11 on, the Subject Property unless Beneficiary specifically consents to a merger in writing. ·_ -:;2 E:,;e:;:;utiQ,_1 of Documents Gra,,tor agrees, upon demand by Beneficiary or Trustee. to exe<.:ute any ::.:··c: ,:;,; dccument5 and instruments required to effectuate the provisions hereof. ·;:l 2i:.t~t of ! 1spevilor:. Beneficiary· or its agents or employees may enter onto the Subject Property at " te3sonach?: time fo, the purpose 01 lnspecting the Subject Property and ascertaining Grantor's -·1wia!"!ce with the terrr:s hereof. ::, ~~ohces.. A.Ii notices, requests and demands which Trustor or Beneficiary is required or may desire ·.-::-;;iv,'< :o the other party must be in writing, delivered to Beneficiary at the following address: b, .. ,;rn~ss Lending 3c:se PO Box 6203 '.::,:,.se iD 8370b ~ ::-1r:t er;. Co11a 1.eral iJepsrtment ,,.-:-; to T rustor at its address set forth at the signature lines below, or af such othe; address as either .J8r,y shall desi~nate by wr·!~ten notice to the other party in accordance with the provisions hereof. ·, ::::: Successors· Assignment. This Deed of Trust shall be binding upon and inure to thl:l benefit of the ''-"'S_ c=,xi;'..:ut.orf, adriinlstrators, legal representatives, successors and assigns of the parties hereto; ·· /:Cs:?-!.; 1o·wever. :hat this Sectior. does not waive the provisions of Section 4.14 hereof. Beneficiary 20070827001667_~· . 8S:·:-,-ves me right tc selL assigr:, transfer, negotiate or grant participations in all or any part of, o; ariy derest \n, Benefic!ary"s rights and bene:'its under the Note, any and all other Secured Obligations and ::.is Ueed of Trust. lri connection therewith, Beneficiary may disclose all documents and information .•,hl'.;h 3ene.ficiary now has or hereafter acquires relating to the Subject Property, all or any of the .3sc.ured ObLgations and/or Grantor anC, as applicable, any partners, joint venturers :)r members of ·Jiantcr. whether furnished by any Grantor or otherwise. ·~ Of. ~.m....Coostr!ictfon. (a) Wien appropriate based on the identity of the parties or other ~\;c-J:-nstances, the masculine gender inc:udes the feminine or neuter or both, and the singular number ~-=;~ices the -;>lur·al.: (b) the term "Subject Property" means all and any part of or interest in the Subject ·':01)e':'.r (c) aii Sec!ion headings herei.n are for convenience of reference only, are not a part of this :1,:1ed oi Trus~. and ~hall be disregarded in the interpretation of any portion of this Deed of Trust: (di if :"'JF~ than one r.:,ersor. er entity has executed this Deed of Trust as "Grantor," the :){)ligations of all sucri .~>Bn:J~i-:..ereunder shall be joint a1d several; and (e) all terms of Exhibit A, and each other exhibit ;:",dJo~ ride,-attachaci hereto and ;ecor"c!ed herewith, are hereby incorporated into :his Deec of Trust by -~ _:_;: 28'.JW?·t,iH:y of :=imvisigns lf any provision of this Deed of Trust shall be hefd to be prohibited oy · :;'·,·a:i,j ur,a,::!~ applicable !aw; ss.1ch provision shall be ineffective only to the extent of such prohibition -,. .s,:e::tr v.-ithm.:t ;nva!idating the remainder of such provision or any remaining provisions of this -_-s-e,:i d "';ruE -' ·.·2 ke~c,;,"'.e ~o Serarate Prope,ty. Any married person who executes this Deed of Trust as a ..: : se::·:or and v>'h,; is obitgated urider ar-y Securec Obligation agrees that any money judgment whicn ---~r.P~'ciary c~ T~LlStee obtains pursuan! to the terms of this Deed of Trust or any other obligation of t.f.iat ·,".::=.r~·:i;.:ci owsc·n securect by this Deed of Trust may be collected by execution upon that person's ::.-·:par:c:1t::i-pra;J-erty, and ar:y community property of which that person is a manager. -: _.:;; \!011agri,~uliura.l Use. The Subject Property ls not used principally for agricultural or farming ~ ~-,poses ~ ·,·J ,?,:1·verning Law This Deed of Trust shall be governed by and construed in accordance with the ·.'IIS :.f fne State of Washington . . .:.i_~o1trat'o·1. Art:'tratiQ.J .. The parties hereto agree, upon demand by any party, to submit to binding arbitration a/i clair:,s, disputes and controversies between or among them (and their respective employees, ::ff.c.ars, directors, attorneys. and other agents), whether in tort, contract or otherwise arising out of :,r relating to in an~· way (i) the 'oan and related loan and security documents which are the subject -:--f this Deed d Trust and its negotiation, execution, coJtaterafization, administration. repaymen:, mc-dJ\cat\,:m. extension. substitution, formation, inducement, enforcement, default or termination; or 1;; requests for additional credit 3overrir1q Ru1eg Any arbitration ;::roceeding w'itl (l) proceed in a location in 1/'Jashington selected .J'-' the .t,rierican Arbitration Associat:on (·AAA"); (ii} be governed by the Federai Arbitration Act · ~-;r:e 9 of thB United States Code), notwithstanding any conflicting choice of law provision in any of ;)··':!-uocume'1tS bot.veen the parties; and (iii) be conducted by the AAA, or sucn other administrate~ ..Ji, the :::artes s:laii mutually agree upon, in accordance with the AAA's commercial dispute ess,!ut1:m p~ccecures, uniess the claim or counterclaim is at least $1,000,000.QO exclusive of d;;imeo ir,teiest. ar'::iitration fees a:id costs in which case the arbitration shall be conducted m ~;ccordance with the AAA's optional procedures for large, complex comm.arciai disputes {the ~cmmerciat dispute resolution procedures or the optional procedures ~or iarge, complex commercial disputes to be referred to, as appficable, as the "Rules"). Jf there is any inconsistency het\veen ti,e te.·ms hereof ar.d -:.he Ruies, the terms and procedures set forth herein shall control. 20070827001667.cc · Any party wr,o fails or refuses to submit to arbitration following a demand by any other party shal! bear a1 C'.)sts and expenses incurred by such other party in compelling arbitration of any dispute. Nothin;. conta.ned herein shali be deemed to be a waiver by any party that is a bank of 1.he protectiJns afforded to it under 12 t.J.S.C. Section 91 or any similar applicable state taw. ,·~o Waiver of Provisional Remedies Self-He2P aod Foreclosure. The arbitration requirement does net lim t tne right of any party to (i) foreclose against real or personal property collateral; (ri) e:x.erdse self-help remedies relating to collateral or proceeds of collateral such as setoff or reoossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment er the appointment of a receiver, before during or after the pendency of any arbilratian uroceeding. This exclusion does not constitute a waiver of the right or obligation of any party to su:?mir an,, aispute to arbitration or reference hereunder, including those ad.sing from the exercise (:,7 ·.he: ; .. --:tions detailed in sections (i), (ii} and (iii) of thts paragraph . . ~.mitrern:-Quatifigaticns ar.d Powers. Any arbitration proceeding in wnicl~ tne amount in -.:.on!r~v~rsy is S5,000,000.00 or less wfll be decided by a single arbitrator seiected .according to tne P.::ies. ,"'.!"':.::! v..rio shall n'Jt render an award of greater than $5,000,000.00, Any dispute in whfch the ari·:our~l in cc:itroversy exceeds $5,(100,000.00 shall be decided by majority vote of a panel of three ar~\trntors· provided however< that au three arbitrators must actively participate in all hearings and -Je:l!beratic.ns fhe arbitrate~ will be a neutral attorney ficensed in the State of Washington or a r1eutra1 reti~ed judge of the srate o; federal judiciary of Washington, in either case with a minimum :.{ te;, years experience in the substantive law applicable to the subject matter of the dispute to be 2°bJr?1~ect. The a:bitrator will determine whether or not an issue is arbitratable and will give effect 'c, :ne s·:atutes of 1imltation ir determining any claim. In any arb:tration prcc:@eding the arbitrator .,.;,: .:1ee:fe (by d::;:cuments ::1.!y or with a hearing at the arbitrator's -discretlon'i any preMhearing ;1;ctic-r:s w;..,icr are similar to motions to dismiss for failure to state a claim or motions for summal); 3(J/udlca:lcn. The arbitrator sha 1r resolve all disputes in accordance with the substantive Jaw of \Vasr.ini;to1, and may grant any remedy or relief that a court of such state cou!d order or grant within the scope hereof and such ancilfary relief as is necessary to make effective any award. The art:iitratcr sha:r also have the power to award recovery of all costs and fees, to impose sanctions and to take such other action as the arbitrator deems necessary to the same extent a judge could vursuant tc the Federal Rules of Civil Procedure, the Washington Rules of Civil Procedure or other applicable law. Judgment upon the. award rendered by the arbitrator may be entered in any court ·•a· . .,.ng jurisdiction. The institution and maintenance of an action for judicia! relief or pursuit of B :~,::ivis:ora! or anciilary remedy shall not constitute a waiver of the right of any party, including the ;:.,ia:miff, to subrr1it :he controversy or claim to arbitration if any other party contests such action for :_1J!C1al relief. ~Jiscqve;r I. tr, any arbitration proceeding discovery Will be permitted in accordance with the Rules. Ai1 discovery shall _be expressly !ir,iited to matters directly relevant to the dispute being arbitrated 21":d tr!ust be completed no later tha~ 20 days before the hearing date and within 180 days of the f:l\ng of tiie dispute with the AAA. Any requests for an extension of the discovery periods, or any d;scovery oisputes, will be subject to finar determination by the arbitrator upon a showing that the r,;>i:;l.iest Tor discovery is essential for the party's presentation and that no alternative means for vbta·1n1ng information is avarlable. Class Prcceedings and Cpnsqtldatioos The resolution of any dispute arising pursuant to the terms :f this Deed d Trust shall be detefmined by a separate arbitration proceeding and such dispute co•:ai-no: \Je ::ons::ilidated with other disputes or included in any class proceeding. ::.ay:-rtent 0~ Arbitration Costs And Fees. The arbitrator shall award all costs and expenses of the 3~~:i,tratior: proceeding. ,~·1isce11aneous. To the maximum extent practicable, the AAA, the arbitrators and the parties sha!! :akc a!i actton required to conclude any arbitration proceeding within 180 days of the filing of the d·spl;te w t,'l the AAA No arbitrator or other party to an arbitration proceeding may disclose the 8Xistence, conteni or results thereof, except for disclosures of information by a party required in the 2001os21001ss1.c • '.)(dincry course of its business ::it by applicable law or regulation. If more than one agreement for :jDitmt·or; tr.1 or bet\rveen t'le parties potentially applies to a dispute, the ar::>itration provis:or. most c\>·ect·:1 reiateC to the dor.uments betiNeen the parties or the Sl.lbject matter of the dispute shall controL This arbitration provisior shalt survive termination, amendment or expiration of any of the dccumer.ts or any relationship between the parties. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. 'e/./' .... NES3 WHEREOF, Granter 'las executed this Deed of Trust as of the date first set forth above. ~raMon,s}: ·. +3f· Se \lla;:w~ '/aiLey Hwy, Renton, WA 9B055 liy.;..2":-<?<'.--~~--c;.,, < !-:amo: Seun~sfk Paik\ __ _:: ":itle: B 20070827001667.01 INDl'JIDUAL ACKNOWLEDGMENT C'.,\7E OF VJASHINGTON , certify that ! know or have satisfactory e~dence that Stung§ik Palk is the person who appeare~fore ·:~e_ ar.d said person acknowledged that~e!she signed this instrument and acknowiedged it to be1 ~er -··-e<': 'I'-:::: vo:u".tary act for the uses and pwl?Oses mentioned in thls instrument. ~ ""' 2 C/t,, , 20 O'' r . t<IM M. CROCKER NOTARY PUBLIC STATE Of WASHINGTON cOt,N1SS1011 EXPIRES AUGUST 29, 2010 EXHIBIT A (Description of Property> ':.:xhibit A wf1sirE: Real Prcpe:1y or its address is commonly known as Assessor's Parcel No. <72305-l147 -04 ano 172305-9140-01. Description of Property 20070827001667.: CHICAGO TITLE INSURANCE COMPANY A.LT .A. COMMITMENT SCHEDULEA (Continued) Order No.: 1246:'. 23 Your No.: PAIK REF! LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) 20070827001 S67 ~ ·:":-:;:I ;,J.~?:CN 0? GOVER..l>MEN'!' LOT 8 OF SECTION 17, TOWNSHIP 23 NOR7H, RlLI\IGB 5 .-,:: ~ :·:-:-.::_:i:ME'I'TE MER!D::..z.1:, 1:,j' !{:NG COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: ~ 2:'.·;a:: IT? ;_T .::H1ERSECTI0N OF BA.ST LL\J"E OF SAID GOVERNMENT _:_,QT WITH THE --"'2.-.:".X .. ,Y ;,·;AI:G:::N CF' MAPLE VN.LE'.:: E1G:-IWAY; ~.l,· .. :K•R'.t-: 56°43'41" '/1:',ST' .;::.AJNG THE SAID SOUTHERLY MARGIK 167.48 FEET TO l'::-r: "F' 3~3IN~ING; -::·~;:y·_: ::.-0:.-:-: :._0 :4':i.3" WEST PARALLEL TO THE EAST LINE OF SA::J GOVERl\i'MENT ~CT, FE~'I TO _ri_-...; .INTERSE2TI0N KITH A LINE 100 FEET SOUTHWEST OF (ME.ll.SURED AT ·;:-l:-.:-· ·c,;:G:-.,:::;) J>J>U ?A.fl.AL:..:::;:, W:TE THE SOUTHWEST ROAD LINE; --:.:'/:'·; ::CRT.-1: !JE.0 ·t3'4.7" WEST P.;R.ALLEL TO THE SOUTHERLY MARGIN OF SAID HIGEWAY ·_:;._:.., :~Ot~T.·i J:?"_;6':i.3'' EA.ST ~G TEE SOUTHERLY MARGIN OF SAIL H::..JHWAY; -:-~T->: ;:::;.s·r t.:..CNC1 THE Srn.:?:-{Ef<.:_y tv'iARGlN OF SAID HIGHWAY TO -:·:r:s PSINT OP -,:::;., _ 1.i-i"A.~ .?UET:::O~-T 'I'HERE.:)F i.~"ING NORTHEASTERLY OP A LINE DRAhil'J .?ARALI..ET~ WI':!:! :'.~:·::::·-~ ~",-?EI_(.:' SIS':'A.NT SOUTHW2STERLY, WHEN MEASURE:) AT R'::G-H': ANGLES AN0/0R ,-!~---r:~•.;l•! '~·.:-n:: tENTERLU1E SURVEY C'F SR 169, RENTCN: /'11"..APLEWOJD TO JCT. SR <:LTACMf\6/ROA/f!'TN 20070827001667 oc CHICAGO TITLE INSURANCE COMPANY Order :-io.: 001246123 LEGAL DESCRIPTION .-.:..:.. '!:-'.A': ~0?.'lICN OF THE FOLLOWING DESCRIBED TRACT LYING SOUTHWESTERLY OF A :.I.NS DRAW}; PARALLEL WIT:-I AND 3EING 45 FEET DISTANT SOUTHWESTERLY, WHEN :.:i:?A.:::u~-::Et fa'I' RIGHi ANGLES FROM THE CENTERLINE SURVEY OF SR 169, RENTON: ::..:...2:....:s:,,,.Jc::· Tr JCT'. SR 40S: ·-:.-~.:,,-:::c.12:·::.l: i..!F ,:Q'?ERNME1'T LOT 8 OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 .:_::..:.--~ ~1~ · -!'..V~7-Tr;, >1ERI~Il->-.)/, Hi KING COUNTY, WASHINGTON, DESCRIBED AS --= -·--· ?:::KT ON ?HZ SGUTHWE.STERLY LINE' OF THE :Y!APLE ··.1ALI.EY ROAD. \','ES'.::' JCE. 07 FEET FROM THE INTERSECTI0N OF SAJ:D THB EAS~ L:NE OF SAID GOVERNMENT LOT 8; C-5°-13'47 11 WEST 140.00 FEET; .. --!'.cC,.~~-: SC"J·:-~E 22°52'::..J" i..;'EST s:.1s FEET; -~s~.:;.:::, 3,,::·_:".~B ::.::.-:'5,'.i'l3" ('lE.ST 3':·.52 FEET; : .. :S:07C::l.: ::,(",_t;. 36''43'47" E.F.ST ~45.18 FEET; _"'.-i2"'.'~•:.E !F1ri:-::-:H ?.3~:..r.;1 :u·· E.;;ST _cc.oo FEET TO THE POI!'E OF BEGI!l."NING; -· :_:_-:·· '.?C-RY.:..::·N -J':i" S"JVERNME~': LO'T 8 OF SECTION 17, TOWNSHIP 23 NORTH, RA.l\GE 5 .S'.C, ;·,:::L.:...PI-H::~T:.'."E l·1ERID'.:.P>.: .. r.J, I?,; KING COUNTY, WASHINGTON, DESCRIBED AS :;.:;~hING ~',T IlJTERSECTION OF EAST LINE OF SAID GOVERNMENT .UOT f'HTH THE :~,: ~:':':'!ER::. Y XAHG:N c,F MAPLE VALLEY HIGHWAY; ~~3"~,JC:E }JOE:-:-i 36 "43' 4 7 ,i WEST ALONG THE SAID SOUTHERLY M.l\RG!N 167. 48 FEET TO -:-!3 ~<:.:.tn :::.-·F BEGINNING; ::s:~Z1Y'.E SC:•::::-·.:r : --· 1..;' 12 •' WEST P.!l..i.?...'.'tL:C.EL TO THE EAST LINE OF SAID GOVERNMENT ~·:.-. i,-:': E·;~EI' '.:'') A..."J\J INTER.SEC?ION WITH A LINE 100 FEET SOUTHWEST OF -··.--::;..: '.":!>:SD ::,:-P.IG:e ANGLES/ A . .1'\ID ?ARALLE.L WITH THE SOUTHWEST ROAD LINE; """.-::;::;:;-::.-~ NGtt.:'.1 :;c,.;,3, 47" WEST PARALLEL TO THE SOUTHERLY M..l:l.?..G::.:N G·F SAID ···-,, .. ,,~,.:...~ :.2"":..-S·:..3" EAST ':J THE SOUTHERLY MARGIN OF SAID HIGHWAY; .-~~::: -~-~As'·'.· ,;L.JCJ\JG THE SOUTHEESY 1'11.ARG:!'.N OF SAlD HIGHWAY TO :'HE ?CU.TT OF '. ~-EP-:Iff.:' ?(JS:.:':ON '::'HEREOF :.:II.KG NORTHEASTERLY OF .r:.. LINE :SRAWls' PARALLEL .!i _:=._;,;.:_: BE::.::n.3 -f5-?BET DIST.Z::.HT S•'.)UTHWESTE:RLY, !,.\"HEN MEASURED A'I RIGH:::' -. ."-'.·LEO:: ;,,:n:. -\1R R~1.DI;,.LI,Y !?ROM THE CENTERLINE SURVEY OF' SR 1'09, R.E.NTON: 'SJ:::>::~•CJ ':Y .,<...L. S.2 ,t-35. I !'OAtl,/RDA/C':lo/.:• --.. -·-687 Jro , .. J.:.1;.-:1,-!n" :;,4 Moh :,o.1s 9 .. 35 120.l!tia&. ,'.· :.,1 ·r~n v•l8 t,90 so c .tr11 .x. .. • :•,nl41 tlartcr1, 1U'l4 T.ath11,:-in11 .i euiort, TAt:ra G l';~rti•ri and .. r,11111. 1i Sbaxboro ct f er S..n 1T11,11 l!lil.1 te Cllico.ec ~11--.ult•• and St. P~ul Rail•&)" ~cmp•ny A corp ct tho St of Wioc ···;, fr,,· ·.1e.:r.0"1,..11 Anti fer lnoJ rtn·• &l!l!ftll 1.ndl..,,rl rep11, cy ', ii: rar U1" 1111:t1 ,r !'.90• t.h<, right to rr11ct &ntt t:.A.!r.t11.1n "" i,loo r1c '.'1·11ru:11i.lli<1l UI r:yetq OTO?' lll '1r.i! 1'1,Cl'OIII · :,• r. lfi Clo11<11l nnl µt..7· 1:.i td in kc•: . ~·. or l<1 l', urn ,n. · 11irJo of Ceidar ·.: t>;~ l'..it c,;' £,IC l'I T ::!3 >rn D,;. · ·" •·•u~ .,rrc,. l Uf?U <;:u tr,, •:.i.i,roi:v conlln t :iu H;< :-:c »hl \ \ y ... :~:·::'t '",it loctn <d*;a.,x er er l"'t!JaO•• r,n'.lrcly r:-the ,iZ"'t1Dlc.fo , .. ," ,c ·.•,i1, 30 lie.:,, fr ,a cf Ornntc:a• roquc•t nv t~ ,1,, ""Y :.-•,'.l c.~ ~:, · rt":<'. cr1b11, JU:1ChOr1t IUld ,:uy 11ire1 herel1< ;,:cvi ,,.,,1 fer ·' 1' --,,.:-~,; :>1 cr1'ba 111.nohcr11 nnd t'I.IY 11lr011 tr ,.:c_: .'.a.r • rt ! :i 1' oo "· ,.,onen ti! •.h • 11•~t t the t.!l1rq O>llQ)&nY' .,1 ·, · •n··, ,n,,,h rcclt: .;:ri\,!l rr ~hi!\ ·~ aide !.ii the 6 11,i(te ot . ·· ,;,,,· ?'.Yr i ~ th~ z:"t::-te e!: th'II ltt.T1n· ah1 'bo oba=a:64 u · · . •:. ,j:: :r.:.:t:: r<ltl.4. f<. ~ c.ueh crib• on the :?. r.id• er , ,.,, :.~· ''! "!tr t,no prov.\.., CF~ ~ such crib• N'!d a::.cl1err. l:ic ::iot :·.v,<• ·c t•t·· ri'V<'?' t;iuik . ,; 1 ~ ;;1,;:-1,e ':r11.."la::.:llla.1.vn 8.71.1.~ea 1n ;,o ru &IS 1 t. G.f!'ie:ctll •.·,, 11 er G:r'<n· • .::r" •.:on"ii:t:-. ot '1 rook ,:n,':ia aet oloao : ,, tr.,: ~ ·t,nuk of C"t,\;.\! 1:!T111:-in thil It o! . . • er w· , 1·, 1' .it:! RR 5 .i. S tgw tm; nuc p,1' '1'SNI# , ~::.,::,ui14;; !r ,ic i-eo.1,t ;;:!tfl acrcao Cedar R.lTcr .. Sl.Y w ,,,, :-: ., 11i, t a•Wa w1 thl'l thit n rt or "'a:' on th.'!! a1••tt -;:»,b,r ~v~:: 11'.'tc! &li,o ~ rt tt cl1u1.r trcoa :::: "n4Ul,IIU:'1?t.C :·; l!ni} / CONCURRENCE DATE~l'-J,~-'~g'--i,,...../~1::2~~~ NAME INITIAL/DATE Jennifer T. Henning Vanessa Dolbee Jennifer Cisneros Jc. Alex Morganroth