HomeMy WebLinkAboutLUA-07-049_MiscREPORT
&
DECISION
A.
REPORT DA TE:
Project Name
Owner/Applicant:
Contact:
File Number
Project Description
Project Location
Project Location Map
City of Renton
RECEIVED
JUN 2 1 Z007
BUSH, ROm & HITCHINGS INC
Department of Planning / Building / Public Works
ADMINISTRA TlVE SHORT PLAT REPORT & DECISION
SUMMARY AND PURPOSE OF REQUEST:
June 19, 2007
Exit 7 Short Plat
Exit 7, Inc. 1300 114th Avenue SE, ste 230, Bellevue, WA 98804
Dakin Bell, Bush Roed Hitchings, Inc., 2009 Minor Avenue E, Seattle, WA 98102
LUA-07-049, SHPL-A I Project Manager I Jill K. Ding, Senior Planner
The applicant is requesting administrative Short Plat approval for the subdivision of an
existing 68,609 square foot parcel zoned Commercial Arterial (CAl into 2 lots. Proposed
Lot A would be 33,818 square feet in area and proposed Lot B would be 34,792 square
feet in area. An existing 8,882 square foot 1-story Kindercare building is proposed to
remain on Lot B. Access off of both lots would be provided off of NE 44th Street and NE
43rd Street.
1717 NE 44th Street
AdminRPT_Exit7,doc
City of Renton P/B/PW Department
,
Administrative Land Use Action'·
REPORT AND DECISION DATED June 19, 2007: PROJECT LUA-07-049, SHPL-A
B_ GENERAL INFORMATION:
1.
2.
Owners of Record:
Zoning Designation:
Exit 7, Inc. 1300 114th Avenue SE, ste 230, Bellevue, WA 98804
Commercial Arterial (CA)
3. Comprehensive Plan Land Use Designation: Commercial Corridor (CC)
:
Page 2
4, Existing Site Use: An existing 8,882 square foot Kindercare building is located on a portion of the
project site, the remainder is vacant.
5. Neighborhood Characteristics:
North: NE 44th Street, Commercial Arterial (CA) zone
East: NE 44th Street (Newcastle)
South: Daycarelshopping center, Commercial Arterial (CA) zone
West: McDonald's, Commercial Arterial (CA) zone
6.
7.
Access:
Site Area:
Via driveways onto NE 44th Street
68,609 square feet/1.58 acres
C. HISTORICAUBACKGROUND:
Action
Comprehensive Plan
Zoning
Annexation
Kindercare Site Plan
Review
D. PUBLIC SERVICES:
1. Uti I ities
Land Use File No.
N/A
N/A
N/A
LUA99-182
Ordinance No.
5099
5100
1823
N/A
Date
11/01/2004
11/01/2004
04/19/1960
02/22/2000
Water: There is an existing 8-inch and 12-inch water main, which combine to loop the proposed site
development. The modeled fire flow available at the site is approximately 4,000 gpm limited by
8fps velocity criterion in the 8-inch main in Jones Avenue. The static water pressure is
approximately 123 psi. The project site is within the 320 pressure zone and is outside an
Aquifer Protection Area.
Sewer: There is an existing 8-inch sewer main serving the site. There appears to be an existing side
sewer stub (see as-built plan #S-2840).
Surface Water/Storm Water: The site drains to Lake Washington, via the Gypsy Creek Sub-basin.
2. Streets: The NE 44th Street frontage is currently improved with curb, gutter, sidewalk, and street lights.
3, Fire Protection: City of Renton Fire Department
E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 2 Land Use Districts
Section 4-2-020: Purpose and Intent of Zoning Districts
Section 4-2-070: Zoning Use Table
Section 4-2-120: Commercial Development Standards
2. Chapter 4 Property Development Standards
Section 4-4-030: Development Guidelines and Regulations
3. Chapter 6 Streets and Utility Standards
Section 4-6-060: Street Standards
4. Chapter 7 Subdivision Regulations
AdminRPT ~ Exit7. doc
City of Renton P/B/PW Department Administrative Land Use Action
REPORT AND DECISION DATED June 19, 2007; PROJECT LUA-07-049, SHPL-A Page 4
b) Compliance with the Underlying Zoning Designation
The subject site is designated Commercial Arterial (CA) on the City of Renton Zoning Map. The
proposed development would allow for the future construction of a commercial development on the
subject property.
The maximum residential density permitted in the CA zone is 20 dwelling units per acre. No
residential units are proposed on the subject property; therefore this section does not apply.
The allowed building lot coverage in the CA zone is 65 percent of the total lot area or 75 percent if
parking is provided within the building or within a parking garage. The building footprint for the
existing 8,882 square foot Kindercare on the 34,792 square foot site would result in a lot coverage
of 25.5 percent, which is less than the maximum 65 percent permitted. The lot coverage of the
proposed development on Lot A would be verified at the time of building permit review. The project
is in compliance with the building lot coverage requirement.
There is not minimum lot size. width, or depth required in the CA zoning designation.
The required setbacks in the CA zone are as follows: the minimum front yard and side yard along a
street setbacks are 10 feet and may be reduced down to 0 feet through the Site Plan Review
process, no interior side or rear yard setbacks are required. The existing Kindercare building would
comply with the required setbacks. Proposed development on Lot A would be reviewed at the time
of building permit review.
The parking regulations require a minimum number of spaces depending on the use proposed. 1
space is required for each employee and 3 loading spaces are required within 100 fee of the main
entrance for every 25 clients. Compliance with the parking regulations was previously reviewed
and approved during the Site Plan Review for the Kindercare under LUA99-182. The proposed
short plat would retain all of the existing parking and the Kindercare building on Lot B. Compliance
with the parking requirements would be verified at the time of building permit review for proposed
development on Lot A.
c) Community Assets
The southern portion of the subject property (proposed Lot B) is currently utilized with an existing
building, parking, and landscaping improvements for Kindercare. The northern portion of the
subject property (proposed Lot A) is currently vacant; however existing landscaping improvements
have been installed along the NE 44th Street frontage. The City's landscaping regulations require a
minimum of 10 feet of on-site landscaping along a street frontage. Additional landscaping is
required within surface parking lots based on the number of parking spaces provided. The
landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated
appropriately. Compliance with the landscaping requirements for Kindercare was previously
reviewed during the Site Plan Review process. The landscaping requirements from proposed
development on Lot A would be verified at the time of building permit review.
d) Compliance with Subdivision Regulations
AdminRPT ~Exit7.doc
Streets: No new public streets would be created as part of the proposed short plat.
The subject property has frontage along NE 44th Street. No street improvements are required to be
installed under this short plat as the street improvements are currently existing. There is an
existing curb cut along NE 44th Street that, if not used for access to the site, should be removed.
The proposed short plat is anticipated to generate additional traffic on the City's street system. In
order to mitigate transportation impacts, staff recommends a condition of approval be placed on
the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily
trip attributed to the project. The fee is payable prior to the issuance of a building permit.
Blocks: No new blocks will be created as part of the proposed short plat.
Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the
requirements of the SubdiviSion Regulations and the development standards of the CA zone. Lot B
is rectangularly shaped and Lot A is sized adequately to allow for the future construction of a
commercial building. Both of the proposed lots provide direct access to a public street (NE 44'h
Street).
_ City of Renton P/B/PW Department Administrative Land Use Action
REPORT AND DECISION DATED June 19, 2007; PROJECT LUA-07-049, SHPL-A
Section 4-7-070: Detailed Procedures for Short Subdivisions
Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and
Minimum Standards
Section 4-7-150: Streets-General Requirements and Minimum Standards
Section 4-7-180: Commercial Blocks and Lots-General Requirements and Minimum Standards
5. Chapter 9 Procedures and Review Criteria
F_ APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
1. Land Use Element -Commercial Corridor
G_ DEPARTMENT ANAL YSIS:
1. Project Description/Background
Page 3
The applicant, Exit 7, Inc., is proposing to subdivide a 1.58-acre (68,609 s~lJare foot) parcel zoned Commercial
Arterial (CA) into two lots. The property is located south and west of NE 44 h Street. Proposed lot sizes are: Lot
A at 33,818 sq. ft. and Lot B at 34,792 sq. ft. An existing 8,882 square foot 1-story Kindercare building is
proposed to remain on Lot B. Access to the proposed lots would be provided via NE 44th Street.
2_ Environmental Review
Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA
Environmental Review pursuant to WAC 197-11-800(6)(a).
3. Compliance with ERC Conditions
N/A
4. Staff Review Comments
Representatives from various city departments have reviewed the application materials to identify and address
issues raised by the proposed development. These comments are contained in the official file, and the essence
of the comments has been incorporated into the appropriate sections of this report and the Departmental
Recommendation at the end of the report.
5. Consistency Short Plat Criteria
Approval of a plat is based upon several factors. The following short plat criteria have been established to
assist decision-makers in the review of the plat:
a) Compliance with the Comprehensive Plan Designation
AdminRPT_Exit7.doc
It is the intention of City objectives and policies that Commercial Corridor areas evolve from "strip
commercial" linear business districts to business areas characterized by enhanced site planning
incorporating efficient parking lot design, coordinated access, amenities, and boulevard treatment.
Commercial Corridor areas may include designated districts including concentrations of
specialized uses such as the Auto Mall, or features such as transit stops and a combination of
businesses creating a focal point of pedestrian activity and visual interest. The proposal is
consistent with the following Comprehensive Plan Land Use Element policies:
Policy LU-349. Support development plans incorporating the followlllg features:
1) Shared access points and fewer curb cuts;
2) Internal circulation among adjacent parcels;
3) Shared parking facilities;
4) Allowance for future transition to structured parking facilities;
5) Centralized signage;
6) Unified development concepts; and
7) Landscaping and streetscape that softens visual impacts.
The proposed short plat would create two parcels, which are proposed to be developed with a
Starbuck's as proposed under a building permit. The proposal would facilitate the redevelopment
of the site to allow the project to incorporate the above features.
City of Renton P/B/PW Department Administrative land Use Action
REPORT AND DECISION DATED June 19, 2007; PROJECT LUA·07·049, SHPL·A Page 5
There are no minimum lot size width or depth requirements in the CA zone. Proposed Lot A would
be 33,818 square feet in area and proposed Lot B would be 34,792 square feet in area. Proposed
Lot A has a lot width of 255 feet and lot depth of 155 feet. Lot B has a lot width of 177 feet and a lot
depth of 206 feet. The dimensions of the proposed lots meet the minimum width and depth
requirements and are compatible with other existing lots in this area under the same CA zoning
classification. In addition, proposed Lot A appears to contain adequate building areas for the
construction of a future commercial building when taking setbacks and lot coverage requirements
into consideration and would be reviewed during the building permit review process. The existing
building on proposed Lot B would comply with the setback and lot coverage requirements of the
CAzone.
e) Reasonableness of Proposed Boundaries
Access: Each lot would have direct access to a public right·of·way (NE 441h Street) via driveway
entrances.
Topography: The topography of the subject site is flat.
Relationship to Existing Uses: The properties surrounding the subject site are commercial uses
to the north, west, and south designated Commercial Arterial (CA) on the City's zoning map and
multi·family residential uses on the east located within the City of Newcastle. The proposal is
similar to existing development patterns in the area and is consistent with the Comprehensive
Plan, and Zoning Code.
f) Availability and Impact on Public Services (Timeliness)
H. Findings:
Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish
services to the proposed development, subject to the installation of Code required improvements
and the payment of fees. A Fire Mitigation Fee, based on $0.52 per square foot of new commercial
development, is recommended in order to mitigate the proposal's potential impacts to City
emergency services. The fee is payable prior to the recording of the short pial.
Storm Water: The site drains to Lake Washington, via the Gypsy Creek Sub·basin. The drainage
report provided has adequately addressed flow control, water quality treatment and conveyances
for the project.
To mitigate for potential erosion impacts that could result during project construction, staff
recommends a condition of approval requiring that erosion control during project construction
comply with the 2005 Department of Ecology Stormwater Management Manual.
The Surface Water System Development Charges (SDC) is $0.265 per new square foot of
impervious surface. The fee is due at the time the utility construction permit is issued.
Utilities: There is an existing 8·inch and 12·inch water main, which combine to loop the proposed
site development. The modeled fire flow available at the site is approximately 4,000 gpm limited by
Sfps velocity criterion in 8·inch main in Jones Ave. The static water pressure is approximately 123
psi. The proposed site is within the 320 pressure zone. The site is outside the Aquifer Protection
Area. No utility related improvements will be required to be installed under this short plat. All utility
related improvements will be installed under separate permits. The Water Utility System
Development Charges are $0.273 per gross square foot of property, but not less than $1,956.00.
There is an existing 8·inch sewer main serving this site. There appears to be a side sewer stub to
the proposed building pad site (see as·built plan #S·2840). The Sanitary Sewer System
Development Charges are $0.42 per square footage of property. This property may be eligible for a
redevelopment credit. This will be calculated at the time that size of new water meters is
determined.
Having reviewed the written record in the matter, the City now enters the following:
1. Request: The applicant has requested Administrative Short Plat Approval for the Exit 7 Short Plat,
File No. LUA·07·049, SHPL·A.
AdminRPT _Exit? doc
City of Renton P/B/PW Department Administrative Land Use Action
REPORT AND DECISION DATED June 19, 2007; PROJECT LUA-07-049, SHPL-A Page 6
2, Application: The applicant's short plat application complies with the requirements for information for
short plat review. The applicant's short plat plan and other project drawings are contained within the
official land use file.
3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation
of the Commercial Corridor (CC) land use designation.
4. Zoning: The proposal as presented complies with the zoning requirements and development
standards of the Commercial Arterial (CA) zoning designation, provided all advisory notes and
conditions of approval are complied with.
5. Subdivision Regulations: The proposal complies with the requirements established by the City's
Subdivision Regulations provided all advisory notes and conditions are complied with.
7. Existing Land Uses: Land uses surrounding the subject site include: North: NE 44th Street (zoned
Commercial Arterial); East: Multi-Family residential uses (Newcastle jurisdiction); South:
Commercially zoned properties (zoned CAl; and West: Commercially zoned properties (zoned CAl.
B. Setbacks: The setbacks for future development on Lot A will be verified during the building permit.
The setbacks for the existing development on Lot B were reviewed, and the existing building complies
with the required setback areas.
9. System Development Charges: A Water System Development Charge, a Surface Water System
Development Charge and a Sewer System Development Charge, at the current applicable rates, will
be required for the proposed development.
10. Public Utilities: Utility improvements will be under separate permits.
I. Conclusions:
1. The subject site is located in the Commercial Corridor (CC) comprehensive plan designation and
complies with the goals and policies established with this designation.
2. The subject site is located in the Commercial Arterial zoning designation and complies with the zoning
and development standards established with this designation provided all advisory notes and
conditions are complied with.
3. The proposed two lot short plat complies with the subdivision regulations as established by city code
and state law provided all advisory notes and conditions are complied with.
4. The proposed two lot short plat complies with the street standards as established by City Code,
provided the project complies with all advisory notes and conditions of approval contained herein.
J. DECISION:
The Exit 7 Short Plat, File No. LUA-07-049, SHPL-A, is approved subject to the following conditions:
1. A Traffic Mitigation Fee in the amount of $75 per new average daily trip shall be attributed to the project. The
Traffic Mitigation Fee shall be assessed with the building permit review and shall be paid prior to the issuance
of the building permit.
2. A Fire Mitigation Fee in the amount of $0.52 per square foot of new commercial building shall be attributed to
the project. The Fire Mitigation Fee shall be assessed with the building permit review and shall be paid prior to
the issuance of the building permit.
3. Erosion Control during project construction shall be maintained in accordance with the Department of Ecology's
2005 Stormwater Management Manual.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURES:
Gregg A. zii"rlilennfl>f. /'IBIPIVAdministrator
AdminRPT_Exit7.doc
• City of Renton P/B/PW Department
REPORT AND DECISION DATED June 19, 2007; PROJECT LUA·07·049, SHPL·A
TRANSMITTED this 19" day of June, 2007 to the Owner/Applicant:
Exit 7, Inc.
1300 114'h Avenue SE, ste 230
Bellevue, WA 98804
TRANSMITTED this 1 gh day of June, 2007 to the Contact:
Dakin Bell
Bush Roed Hitchings, Inc.
2009 Minor Avenue E
Seattle, WA 98102
TRANSMITTED this 1 gh day of June, 2007 to the Parties of Record:
No Parties of Record
TRANSMITTED this 1 gh day of June, 2007 to the following.
Larry Meckling, Building Official
Larry Rude, Fire Marshal
Neil Watts, Development Services Director
Jennifer Henning, Current Planning Manager
Jan Conklin
Carrie Olson
Renton Reporter
Land Use Action Appeals & Requests for Reconsideration
Administrative Land Use Action
Page 7
The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of
decision. An appeal olthe decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197·11-680).
RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat
be reopened by the Administrator. The Administrator 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
Administrator finds insufficient evidence to amend the ori9inal 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 following appeal timeframe.
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 July 3, 2007. Appeals to the Examiner are governed by City of Renton
Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City
Clerk's Office, (425) 430-6510. Appeals must be "led in writing, together with the required $75.00 application fee, to: Hearing
Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055.
EXPIRATION DATE: The Short Plat approval will exp'tre two (2) years from the date of approval. An extension may be requested
pursuant to RMC section 4·7·080.M.
ADVISORY NOTES TO APPLICANT
The following notes are supplemental information provided in conjunction with the administrative land use action.
Because these notes are provided as information only, they are not subject to the appeal process for the land use actions.
Planning
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. The Development Services Division reserves the right to rescind
the approved extended haul hours at any time if complaints are received.
2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the
hours between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours
between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays.
Property Services
1 . See attached
Fire
1. None
Plan Review -Storm/Surface Water
1. The Surface Water System Development Charges (SOC) are $0.265 per new square foot of impervious surface.
This fee is due at the time the utility construction permit is issued.
Plan Review -Sewer
AdmmRPT_Exlt7.doc
City of Renton P/B/PW Department Administrative Land Use As:tion
REPORT AND DECISION DATED June 19, 2007; PROJECT LUA-07·049, SHPL·A Page 8
1. The Sanitary Sewer System Development Charges (SDC) are $0.42 per gross square foot of property area. This
property may be eligible for a redevelopment credit. This fee will be calculated at the time the size of the water
meters is determined.
2. Sewer improvements will be installed under separate permits.
Plan Review -Water
1. Water System Development Charges (SDC) are $0.273 per gross square foot of property area, but not less than
$1,956.00 and will be assessed and paid prior to the issuance of building permits.
2. Water improvements will be installed under separate permits.
Plan Review -StreetsfTransportation
1. No additional frontage improvements appear necessary.
2. There is an existing driveway cut along NE 44'h Street that, if not used for access to the site, should be removed.
3. All wire utilities shall be installed underground per the City of Renton Undergrounding Ordinance.
Plan Review -General
1. This project will required separate plan submittals for all proposed public utilities and drainage improvements.
Plans are required to be prepared by a licensed Civil Engineer according to the City of Renton drafting standards.
AdminRPT_Exit7.doc
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OEVELOPMEI'IT PLANNING
CITY Of REI'ITON
MAY - 8 2007
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SURVEY FOR:
RENTON
EXIT 7, INC.
1717 N.E. 44TH STREET
EXIT 7 SHORT PLAT
KINQ COUNTY WASHINGTON
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TECHNICAL INFORMATION REPORT
FOR
RENTONSTARBUCKS
BY
BUSH, ROED & HITCHINGS, INC.
2009 MINOR A VENUE EAST
SEATTLE, WASHINGTON
JOB NO. 2000102.05
February 14, 2007
TABLE OF CONTENTS
1. PROJECT OVERVIEW
II. PRELIMINARY CONDITIONS SUMMARY
III. OFF-SITE ANAL YSIS
IV. RETENTION/DETENTION ANALYSIS AND DESIGN
V . CONVEYANCE SYSTEMS ANAL YSIS AND DESIGN
VI. SPECIAL REPORTS AND STUDIES
VII. BASIN AND COMMUNITY PLANNING AREAS
VIII. OTHER PERMITS
IX. EROSION/SEDIMENTATION CONTROL DESIGN
X. BOND QUANTITIES WORKSHEET, RETENTION/DETENTION
FACILITY SUMMARY SHEET AND SKETCH, AND
DECLARATION OF COVENANT
XI. MAINTENANCE AND OPERATIONS MANUAL
I. PROJECT OVERVIEW
This site is located on a portion of Lot 3, Renton Short Plat No. 01187. It is located at the
corner ofNE 44th Street and I 10th Avenue SE in Renton, Washington (see vicinity map,
page 2). It is proposed that Lot 3 (1.575 acres) will be further short platted into two lots.
The southern Lot B (0.799 acres) will be occupied by the existing Kindercare facility, and
the northern Lot A (0.776 acres) will be occupied by the proposed Starbucks and existing
parking for the shopping center. Starbucks development will consist of a 2,875 square
foot building, sidewalk, landscaping, drive through and parking area.
For purposes of this report, the discussion will be concerned with the Starbuck's
development on Lot A. In its existing condition, Lot A contains 11,970 sf, 0.27 acres
pervious, and 21,847 sf, 0.50 acres impervious asphalt. In the developed condition, 3,634
sf of asphalt will be added, 2,875 sf of roof area and 691 sf of sidewalks will be added,
5,597 sf of pervious will remain landscaping.
Development of this parcel will include on-site grading and installation of a sidesewer
connection, storm, fire protection and domestic water facilities. There is an existing
detention system that serves the shopping center that was designed in accordance with the
2005 King County Surface Water Design Manual (KCSWM). Runofffrom the proposed
Starbucks will be collected and drain to the existing detention system. The existing
detention system anticipated development of this area. The stormwater conveyance
system has been designed in accordance with the KCSWM.
An erosion control plan has been developed to restrict silt-laden water from leaving the
site during construction.
1717 NE 44th st, Renton, W A -Google Maps
Goc)gle Address 1717 NE 44th St
Renton, WA 98056
Page I of I
http://www.google.com/maps?f=q&hl=en&q= 1717+ NE+44th+st,+Renton,+ W A&ie=UT... 01/05/2007
1 /11 N 10 44th st, Kenton, W A -Google Maps
Address 1717 NE 44th St
Renton, WA 98056
:!
i-"t ',,) ~41!1 st
Page 1 of 1
http://www.google.com/maps?f=q&hl=en&q=17l7+NE+44th+st.+Renton,+W A&ie=UT,.. 01/05/2007
II. PRELIMINARY CONDITIONS SUMMARY
The western portion of Lot A (21,847 sf) is paved and provides parking and circulation
for the shopping center. The western portion will not be modified. The eastern portion
of the site has not been developed, however it has been previously cleared and graded.
This was done in approximately 1988, when the adjacent parcels were developed. Light
vegetation currently covers the eastern portion of the site.
Because the site has previously been graded, the topography has a slight to moderate
slope (from east to west). The greatest slope on the site is approximately 50% in a
localized area along the south property line where some fill has been placed (total rise in
this area 3 feet).
Currently, there is one catch basin on Lot A. This catch basin is part of the existing storm
conveyance and detention system that had been reviously designed to serve the multiple
properties located at the NE 44th Street and 110' Avenue SE intersection. Currently,
stormwater that does not drain to this existing catch basin flows west over the property
line and onto the adjacent property, where it enters the above mentioned storm system.
A geotechnical investigation has been prepared by Geotech Consultants and is available
in section VI of this report.
III. OFF-SITE ANALYSIS
Stormwater collected from this site will enter an existing storm conveyance and detention
system that had been previously designed to serve the multiple properties located at the
NE 44th Street and I 10 th Avenue SE intersection. The Starbucks parcel was included in
the original design of this storm system. At the time of the original development, it was
assumed that our parcel would connect to this system when it was developed.
The above mentioned stormwater collection and detention system was designed using the
YW method and consists of a series of catch basins, underground pipes, two 54-inch
underground detention pipes, and a flow control manhole. This manhole houses a
restrictor tee that regulates the flow of storm water leaving the site. This storm system
discharges to a wetland, and from this wetland stormwater travels the following path:
100' north from the storm water discharge location to the outlet culvert, then
250' north through culvert (conveys stormwater under NE 44th St.) to a second wetland,
350' north through second wetland,
150' west via a culvert that connects to a catch basin,
350' north, via a 42-inch culvert that connects to a catch basin, and fma\ly
400' northwest via a 48-inch culvert that coveys stormwater under 1-405.
This is over one quarter mile downstream of the site. Stormwater leaving this site will
follow the above mentioned path, and ultimately discharge to Lake Washington.
IV. RETENTION/DETENTION ANALYSIS & DESIGN
Hydrographs were modeled using the 2005 KCRTS for both the existing and developed
conditions. When the 100-year peak flow for the existing condition is compared to the
100-year peak flow for the developed condition, the difference in the peak flow rate is
less than 0.1 cfs. According to the KCSWM, this means that stormwater detention is not
required for this site.
Water quality treatment will also not be required for this site. The amount of new
impervious surface area that will be subject to vehicular traffic is 2,807 sf, which is less
than 5000 square feet; therefore, according to the KCSWM, water quality is not
necessary.
This site will be served by a stormwater conveyance system comprised of a series of
catch basins and underground pipes. Stormwater runoff collected by this system will
discharge to the storm conveyance and detention system that had been previously
designed to serve the multiple properties located at the NE 44th Street and 1 10th Avenue
SE intersection. As previously mentioned, the Starbucks parcel was included in the
original design of this storm system, and the anticipated volume of runoff from this site in
the developed condition was anticipated.
~---------,-....-.--
AREA=
~F
AREA= 73.63SF
AREAS
AREA~
454.36SF
EXISTING LOT AREA 33,817.48 SF
PERVIOUS AREA = 11,970.316 SF
ASPHALT AREA = 21,847 SF
BUSH, ROED & HITCHINGS, INC.
CIVIL ENGINEERS & LAND SURVEYORS
2009 MINOR AVE EAST, SEATTLE, WA 98102
(206) 323-4144 FAX (206) 323-7'135
1-800-935-0508 E-MAIL: INFO<OORHINCCOM RENTON
\ ,
\
JOB NO 200010204
SCALE
DRAWN
CHECKED
DATE 0'/07
RENTON STARBUCKS
EXISTING CONDITION
8ASlr~ MAP AREAS
WASHINGTON
\
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l----_____ _ I .. ----
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EXISTING LOT AREA 33,817.48 SF
PERVIOUS AREA = 5,597.76 SF
ASPHAL T AREA = 24,653.86 SF
SIDEWALK AREA = 690.86 SF
BUILDING ROOF = 2,875.0 SF
BUSH, ROED & HITCHINGS, INC.
CIVIL ENGINEERS & LAND SURVEYORS
2009 MINOR AVE. EAST, SEATTLE, WA 98102
(206) 323-4144 FAX (206) 323-7135
1-800-935-0508 E-MAIL INFOOORHINC.COM RENTON
. " , . '
'"'.' ~
JOB NO 2D00102 04
SCALE
DRAWN
CHECKED
DATE 01/07
RENTON STARBUCKS
PROPOSED CONDITION
BASIN MAP AREAS
WASHINGTON
PAGE
Flow Frequency Analysis
Time Series File:predev.tsf
project Location:Sea-Tac
---Annual peak Flow Rates---
Flow Rate Rank Time of Peak
(CFS)
0.146 6 2/09/01 2:00
0.120 8 1/05/02 16:00
0.176 3 2/27/03 7:00
0.130 7 8/26/04 2:00
0.156 4 10/28/04 16:00
0.155 5 1/18/06 16: 00
0.189 2 10/26/06 0:00
0.295 1 1/09/08 6:00
Computed peaks
preDevpeaks.pks
-----Flow Frequency Analysis-------
--peaks Rank Return Prob
(CFS) Period
0.295 1 100.00 0.990
0.189 2 25.00 0.960
0.176 3 10.00 0.900
0.156 4 5.00 0.800
0.155 5 3.00 0.667
0.146 6 2.00 0.500
0.130 7 1.30 0.231
0.120 8 1.10 0.091
0.260 50.00 0.980
Page 1
Flow Frequency Analysis
Time Series File:dev.tsf
project Location:sea-Tac
---Annual Peak Flow Rates---
Flow Rate Rank Time of Peak
(CFS)
0.168 6 2/09/01 2:00
0.144 8 1/05/02 16:00
0.203 3 12/08/02 18:00
0.164 7 8/26/04 2:00
0.195 4 10/28/04 16:00
0.180 5 1/18/06 16; 00
0.238 2 10/26/06 0;00
0.333 1 1/09/08 6:00
computed Peaks
Devpeaks.pks
-----Flow Frequency Analysis-------
- -peaks Rank Return prob
(CFS) peri od
0.333 1 100.00 0.990
0.238 2 25.00 0.960
0.203 3 10.00 0.900
0.195 4 5.00 0.800
0.180 5 3.00 0.667
0.168 6 2.00 0.500
0.164 7 1. 30 0.231
0.144 8 1.10 0.091
0.302 50.00 0.980
Page 1
SECTION 3.2 RUNOFF COMPUTA nON AND ANALYSIS METIfODS
FIGURE 3.2.I.A 2-YEAR 24-HOUR ISOPLUVIALS
WESTERN
KING COUNTY
2-Year 24-Hour
Precipitation
in Inches
112412005
o 2 4 Miles , ,
3-14
(
..
(
2005 Surface Water Design Manual
3.2.1 RATIONAL METHOD
( I I FIGURE 3.2.I.B 10-YEAR 24-HOUR ISOPLUVIALS
..... --4.0 ..
WESTERN
KING COUNTY 4.5
N
10-Year 24-Hour -+ Precipitation
in Inches 0 2 4 Mile$ . . .
,
2005 Surface Waler Design Manual 112412005
3-15
,
FIGURE 3.2.1.0 IOO·YEAR 24-HOUR ISOPLUVIALS
WESTERN
KING COUNTY
100-Year 24-Hour
Precipitation
in Inches
2005 Surface Water Design Manual
o 2 4 Miles , ' ,
3-17
3.2.1 RATIONAL METHOD
112412005
3.2.2 KCRTS/RUNOFF FILES METHOD-GENERATING TIME SERIES
(
. , ,,'"" ,,: .. ' >-:·d:'?:,:!,-;'J""'>:'·':""·":,r'4,,:~ii,;'·~·
TABLE 3.UB • EQUIVALENCE BETWEEN SCS ~lLTYPES AND KCRTS SOILTYfE!l3SJ;
SCS Soil Type SCS KCRTS Soil Notes
Hydrologic Group
Soil Group
Alderwood (AgB. AgC. AgO) C Till
Arents. Alderwood Material (AmB. AmC) C Till
Arents. Everett Material (An) B Outwash 1
Beausite (BeC. BeD. Be F) C Till 2
Bellingham (Bh) 0 Till 3
Briscot (Br) 0 Till 3
Buckley (Bu) 0 Till 4
Earlmont (Ea) 0 Till 3
Edgewick (Ed) C Till 3
Everett (EvB. EvC. EvO. EwC) AlB Outwash 1
Indianola (InC, InA. In D) A Outwash 1
Kitsap (KpB, KpC, KpO) C Till
Klaus (KsC) C Outwash 1
Neilton (NeC) A Outwash 1
NewbergjNQ) B Till 3
Nooksack (Nk) C Till 3
Norma (No) 0 Till 3
Orcas (Or) 0 Wetland
Oridia (Os) 0 Till 3
Ovall (ove, OvO. OvF) C Till 2
Pilchuck (Pc) C Till 3
PUlLet (Pu) 0 Till 3
Puyallup (Py) B Till 3
Ragnar(RaC. RaO,RaC, RaE) B Outwash 1
Renton (Re) 0 Till 3
Salal (Sa) C Till 3
Sammamish_(5hl 0 Till 3
Seattle (5k) 0 Wetland
Shalcar JSmt 0 Till 3
Si (5n) C Till 3
Snohomish (So, 5r) 0 Till 3
Sultan (5u) C Till 3
Tukwila (Tu) 0 Till 3
WOOdinville (Wo) 0 Till 3
Notes:
1. Where outwash soils are saturated or underlain at shallow depth «5 feet) by glaciallill, they should
be treated as till soils.
2. These are bedrock soils. but calibration of HSPF by King County DNRP shows bedrock soils to
have similar hydrologic response to till soils.
3. These are alluvial soils, some of which are underlain by glacial till or have a seasonally high water
table. In the absence of detailed study, these soils should be treated as till soils.
4. Buckley soils are formed on the low-permeability Osceola mudflow. Hydrologic response is
assumed to be similar to that of till soils.
,
200S Surface Water Design M.nual 112412005
3-25
V. CONVEYANCE SYSTEMS ANALYSIS AND DESIGN
.j\.", ..".H ... I'\;:', ht:lltOfJ
Storm Water Hydrology' Rational Method
Initail Tc= 6.3
Initial acres= 0
Design Storm= 100
I ntensity= 3.9
CB #2 to Ex. CB #1
Tc (min.)= 6.30
Area (acresl= 0.05
C= 0.9
LAC= 0.04
1= 3.19
Q Design (cls)= 0.14
V Design (Ips)= 2.92
Pipe:
Invert in= 42.60
Invert out= 41.87
Length (ft.)= 42
11= 0.012
Dia. (inches)= 8
% Slope= 1.74
Q Full (cls)= 1.73
V Full (Ips)= 4.95
=Iow time (min)= 0.24
Q DesignlQ Full= 8.1%
a= 2.61
b= 0.63
CB #4 to CB #3
Tc (min.)= 6.30
Area (acres)= 0.15
C= 0.9
LAC= 0.13
1= 3.19
Q Design (cls)= 0.43
V Design (fps)= 2.54
Pipe:
Invert in= 42.49
Invert out= 42.08
Length (ft.)= 83.00
n= 0.012
Dia. (inches)= 12
% Slope= 0.50
Q Full (cfs)= 2.73
V Full (Ips)= 3.47
=Iow time (min)= 0.55
Q DesignlQ Full= 15.7%
$lijfid'nhl38tarbucks.xls
Watercourse types:
1 Forest wI heavy gound litter
2 Minimum tillage cultivation
3 Short grass pasture & lawns
4 Nearly bare ground
5 Grassed waterway
6 Paved area
CB #3 to Ex. CB #1 INPUT Point B TO C
Tc (min.)= 6.85 Tc (min.)= 7.11
Area (acres)= 0.05 Area (acres)= 0.03
C= 0.9 C= 0.9
LAC= 0.18 LAC= 0.25
1= 3.03 1= 2.96
Q Design (cfs)= 0.54 Q Design (cls)= 0.73
V Design (fps)= 2.68 V Design (Ips)= 5.19
Pipe: Pipe:
Invert in= 42.08 Invert in= 41 .87
Invert out= 41 .87 Invert out= 38.93
Length (ft.)= 41.87 Length (fL)= 122.00
n= 0.012 n= 0.012
Dia. (inches)= 12 Dia. (inches)= 12
% Slope= 0.50 % Slope= 2.41
Q Full (cfs)= 2.73 Q Full (cls)= 5.99
V Full (Ips)= 3.47 V Full (fps)= 7.63
=Iow time (min)= 0.26 =Iow time (min)= 0.39
Q DesignlQ Full= 19.8% Q DesignfQ Full= 12.2"10
Page 1
BUSH, ROED & HITCHINGS, INC.
CIVIL ENGINEERS & LAND SURVEYORS
2009 MINOR AVE. EAST, SEATTLE, WA 98102
(206) 323-4144 FAX (206) 323-7135
1-800-935-0508 E-MAIL: INFO@BRHINC.COM RENTON
JOB NO 2000102.04
SCALE
DRAWN
CHECKED
DATE 01/07
RENTON STARBuCKS
PROPOSED COI~DITION
CA TCH BASIN AREAS
WASHINGTON
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VI. SPECIAL REPORTS AND STUDIES
GEOTECH
CONSULTANTS. INC.
Exit 7. Inc.
1000 IO Z .. :-U'/.
br=/r -;
4425 Forest Avenue Southeast
Mercer Island, Washington 98040
Attention: Devere Jerry Burtenshaw
Subject: Transmittal Letter -Geotechnical Engineering Study
Proposed Retail Building
17xx Northeast 44th Street
Renton, Washington
Dear Mr. Burtenshaw:
13256 Northeast 20th Street. Suite 16
Beilevue, Washington 98005
(425) 747·5618 FAX (425) 747·8561
February 8, 2007
JN 06450
We are pleased to present this geotechnical engineering report for the property at 17xx Northeast
44th Street in Renton. The scope of our services consisted of exploring site surface and
subsurface conditions, and then developing this report to provide recommendations for general
earthwork and design criteria for foundations, retaining walls, and pavements. This work was
authorized by your acceptance of our proposal, P·7235, dated December 26,2006.
The attached report contains a discussion of the study and our recommendations. Please contact
us if there are any questions regarding this report, or for further assistance during the design and
construction phases of this project.
Respectfully submitted,
GEOTECH CONSULTANTS, INC.
Gerry D. Bautista, Jr.
Geotechnical Engineer
cc: Commercial Development and Consulting -James Hamm
via e-mail
LOG Architects -Ed Linardic
via e-mail
Burt Engineering -Cornell Burt
via e-mail
GDB/MRM: jyb
GEOTECH CONSULTANTS. INC.
GEOTECHNICAL ENGINEERING STUDY
Proposed Retail Building
17xx Northeast 44th Street
Renton, Washington
This report presents the findings and recommendations of our geotechnical engineering study for
the property at 17xx Northeast 44th Street in Renton.
We were provided with a preliminary site plan of the proposed development. LOG Architects
prepared this plan which was undated. Based on this plan and conversations with Mr. Ed Linardic
of LDG Architects and Mr. James Hamm of Commercial Development and Consulting, we
understand that a new one-story retail building will be constructed on the currently vacant property.
The new building will have an approximate footprint of 2,900 square feet. A new drive-thru lane will
wrap around the proposed building. New parking stalls will be provided on the western side of the
property. A wall will be necessary along the southern portion of the property to separate the final
grade of the proposed development from the existing grade of the adjacent southern property.
If the scope of the project changes from what we have described above, we should be provided
with revised plans in order to determine if modifications to the recommendations and conclusions of
this report are warranted.
SITE CONDITIONS
SURFACE
The Vicinity Map, Plate 1, illustrates the general location of the site in north Renton, just east of the
Exit 7 interchange of Interstate 405. The irregular-shaped property is located at the northeast
corner of the Exit 7 shopping center. The lot is mostly level and covered with pea gravel. The
southern portion of the existing property contains some previously placed fill, as the ground then
slopes at a gentle to moderate rate to the south and east towards their respective property lines
over up to 5 feet of vertical relief.
The subject property is bordered to the north and east by Northeast 44th Street. A modular-block
wall separates the subject property from Northeast 44th Street, which is higher than the site. This
wall is approximately 2 to 6 feet in height. A one-story building, KinderCare, borders the subject
property to the south. This building is situated on-grade. We understand that this structure sits on
conventional footings following deep excavation to reach bearing soils. A common parking area for
the Exit 7 shopping center borders the subject property to the west.
SUBSURFACE
The subsurface conditions were explored by excavating four test pits at the approximate locations
shown on the Site Exploration Plan, Plate 2. Our exploration program was based on the proposed
construction, anticipated subsurface conditions and those encountered during exploration, and the
scope of work outlined in our proposal.
The test pits were excavated on January 19, 2007 with a mini-trackhoe. A geotechnical engineer
from our staff observed the excavation process, logged the test pits, and obtained representative
GEOTECH CONSULTANTS. INC.
Exit 7. Inc.
February 8, 2007
IN 06450
Page 2
samples of the soil encountered. "Grab" samples of selected subsurface soil were collected from
the backhoe bucket. The Test Pit Logs are attached to this report as Plates 3 and 4.
Soil Conditions
The test pits generally encountered at least 5 to 10 feet of medium-dense to dense,
previously placed silty sand fill and old topsoil directly underlying the surface. Varying sizes
of concrete debris and bricks were found within this fill. Debris, buried utilities, and old
foundation and slab elements are commonly encountered on sites that have had previous
development. Underlying the fill soils was medium-stiff to stiff silt with some organics and
rootlets. This silt appears to have been deposited either by erosion or a landslide. This soil
was exposed to the maximum explored depth of the northern test pits (Test Pits 2 and 3).
However, the southern test pits did not penetrate through the fill because of either the depth
limitations of the mini-trackhoe (Test Pit 1) or large concrete obstructions (Test Pit 4). The
test pits were excavated to depths of 5 to 10 feet below existing grade. No caving was
observed in the test pits.
Groundwater Conditions
Groundwater seepage was observed at a depth of 4 feet in Test Pit 2. This groundwater
was perched within the fill soils. The test pits were left open for only a short time period.
Therefore, the seepage levels on the logs represent the location of transient water seepage
and may not indicate the static groundwater level.
It should be noted that groundwater levels vary seasonally with rainfall and other factors.
We antiCipate that groundwater could be found in more permeable soil layers and fracture
zones in the silt.
The stratification lines on the logs represent the approximate boundaries between soil types at the
exploration locations. The actual transition between soil types may be gradual, and subsurface
conditions can vary between exploration locations. The logs provide specific subsurface
information only at the locations tested. The relative densities and moisture descriptions indicated
on the test pit logs are interpretive descriptions based on the conditions observed during
excavation.
The compaction of backfill was not in the scope of our services. Loose soil will therefore be found
in the area of the test pits. If this presents a problem, the backfill will need to be removed and
replaced with structural fill during construction.
CONCLUSIONS AND RECOMMENDATIONS
GENERAL
THIS SECTION CONTAINS A SUMMARY OF OUR STUDY AND FINDINGS FOR THE PURPOSES OF A
GENERAL OVERVIEW ONLY. MORE SPECIFIC RECOMMENDATIONS AND CONCLUSIONS ARE
CONTAINED IN THE REMAINDER OF THIS REPORT. ANY PARTY REL YING ON THIS REPORT SHOULD
READ THE ENTIRE DOCUMENT.
The test pits conducted for this study encountered at least 5 to 10 feet of medium-dense to dense,
previously placed silty sand fill overlying medium-stiff to stiff silt. The fill and native silt are not
suitable to support foundations or slabs. Excavation to competent bearing soils is not feasible. It is
our opinion that the proposed building, including the floor slabs, be supported on a deep foundation
consisting of driven pipe piles embedded into competent bearing soils. We were not able to
GEOTECH CONSULTANTS, INC.
Exit 7, Inc,
February 8, 2007
IN 06450
Page 3
determine the approximate depth to bearing soils during our explorations due to the depth
limitations of the mini-trackhoe and the obstructions in the fill soils. We would need to drill
additional borings to determine this information. Due to the size and amount of concrete and
asphalt debris present in the fill soils, it may be necessary to remove obstructions and/or move pile
locations during the installation process.
On-grade elements, such as sidewalks and pavements may settle relative to the pile-supported
building and floor slabs. Cracking of concrete sidewalks can be reduced by reinforcing them with
rebar. Where sidewalks extend to the building, they should be doweled into the perimeter grade
beam. This will prevent a down set from forming at a door threshold.
The on-site soils are silty, and thus are moisture sensitive. If the existing fill contains no organics
or concrete/asphalt debris, the existing fill could possibly be reused as structural fill beneath
pavements, provided it is placed in dry weather and is at, or near, its optimum moisture content.
However, we should approve anyon-site soil that may be used as structural fill prior to its use. The
native silts should not be reused as structural fill because of its low compacted strength and high
moisture content.
A fill wall will be necessary along the southern portion of the property to support the drive-thru lane.
This wall should be constructed as a geogrid-reinforced, modular-block wall bearing on a minimum
1-foot thickness of imported, granular structural fill placed over the existing non-organic soils. The
modular-block wall backfill should also consist of imported, granular structural fill. We can provide
a wall design upon request. A concrete retaining wall should not be used, due to the relatively
compressible nature of the existing soils.
The erosion control measures needed during the site development will depend heavily on the
weather conditions that are encountered. We anticipate that a silt fence will be needed around the
downslope sides of any cleared areas. Rocked construction access roads should be extended into
the site to reduce the amount of soil or mud camed off the property by trucks and equipment.
Wherever possible, these roads should follow the alignment of planned pavements, and trucks
should not be allowed to drive off of the rock-covered areas. Existing catch basins in, and
immediately downslope of, the planned work areas should be protected with pre-manufactured silt
socks. Cut slopes and soil stockpiles should be covered with plastic during wet weather. As with
any project, additional erosion control measures may be needed depending on conditions
encountered during construction.
Geotech Consultants, Inc. should be allowed to review the final development plans to verify that the
recommendations presented in this report are adequately addressed in the design. Such a plan
review would be additional work beyond the current scope of work for this study, and it may include
revisions to our recommendations to accommodate site, development, and geotechnical
constraints that become more evident during the review process.
We recommend including this report, in its entirety, in the project contract documents. This report
should also be provided to any future property owners so they will be aware of our findings and
recommendations.
GEOTECH CONSULTANTS, INC.
Exit 7, Inc.
February 8, 2007
SEISMIC CONSIDERATIONS
IN 06450
Page4
In accordance with Table 1615.1.1 of the 2003 International Building Code (IBC), the site soil
profile within 100 feet of the ground surface is best represented by Soil Profile Type 0 (Stiff Soil
Profile).
PIPE PILES
Three-or 4-inch-diameter pipe piles driven with a 650-or 800-or 1,1 DO-pound hydraulic
jackhammer to the following final penetration rates may be assigned the following compressive
capacities.
Note: The refusal criteria indicated in the above table are valid only for pipe piles that are
installed using a hydraulic impact hammer carried on leads that allow the hammer to sit on
the top of the pile during driving. If the piles are installed by alternative methods, such as a
vibratory hammer or a hammer that is hard-mounted to the installation machine, numerous
load tests to 200 percent of the design capacity would be necessary to sUbstantiate the
allowable pile load. The appropriate number of load tests would need to be determined at
the time the contractor and installation method are chosen.
As a minimum, Schedule 40 pipe should be used. We recommend that galvanized pipe be used
for the pipe piles to provide additional corrosion resistance.
Pile caps and grade beams should be used to transmit loads to the piles. Isolated pile caps should
include a minimum of two piles to reduce the potential for eccentric loads being applied to the piles.
Subsequent sections of pipe can be connected with slip or threaded couplers, or they can be
welded together. If slip couplers are used, they should fit snugly into the pipe sections. This may
require that shims be used or that beads of welding flux be applied to the outside of the coupler.
Lateral loads due to wind or seismic forces may be resisted by passive earth pressure acting on the
vertical, embedded portions of the foundation. For this condition, the foundation must be either
poured directly against relatively level, undisturbed soil or surrounded by level, structural fill. We
recommend using a passive earth pressure of 300 pounds per cubic foot (pct) for this resistance. If
the ground in front of a foundation is loose or sloping, the passive earth pressure given above will
not be appropriate. We recommend a safety factor of at least 1.5 for the foundation's resistance to
lateral loading, when using the above ultimate passive value.
GEOTECH CONSULTANTS, INC.
Exit 7, Inc.
February 8, 2007
PERMANENT FOUNDATION AND RETAINING WALLS
IN 06450
Page 5
Retaining walls backfilled on only one side should be designed to resist the lateral earth pressures
imposed by the soil they retain. The following recommended parameters are for walls that restrain
level backfill:
I PAR \MHER \' ALliE
-----------1------
Active Earth Pressure' 40 pet
Soil Unit Weight 130 pcf
Where: (I) pcl i. pounds per cubic loo~ and (II) active earth
pressure is computed using the equivalent fluid pressure .
• For a restrained wall that cannot deflect at laast 0.002 times Its
height, a uniform lateral pressure equal to 10 psftimes the height
of the wall should be added to the above active equivalent fluid
pressure.
The values given above are to be used to design permanent foundation and retaining walls only. It
is not appropriate to back-calculate soil strength parameters from the earth pressures and soil unit
weights presented in the table. We recommend a safety factor of at least 1.5 for overtuming and
sliding, when using the above values to design the walls. Restrained wall soil parameters should
be utilized for a distance of 1.5 times the wall height from comers or bends in the walls. This is
intended to reduce the amount of cracking that can occur where a wall is restrained by a corner.
The design values given above do not include the effects of any hydrostatic pressures behind the
walls and assume that no surcharges, such as those caused by slopes, vehicles, or adjacent
foundations will be exerted on the walls. If these conditions exist, those pressures should be added
to the above lateral soil pressures. Where sloping backfill is desired behind the walls, we will need
to be given the wall dimensions and the slope of the backfill in order to provide the appropriate
design earth pressures. The surcharge due to traffic loads behind a wall can typically be
accounted for by adding a uniform pressure equal to 2 feet multiplied by the above active fluid
density.
Heavy construction equipment should not be operated behind retaining and foundation walls within
a distance equal to the height of a wall, unless the walls are designed for the additional lateral
pressures resulting from the equipment. The wall design criteria assume that the backfill will be
well-compacted in lifts no thicker than 12 inches. The compaction of backfill near the walls should
be accomplished with hand-operated equipment to prevent the walls from being overloaded by the
higher soil forces that occur during compaction.
Retaining Wall Backfill and Waterproofing
Backfill placed behind retaining or foundation walls should be coarse, free-draining
structural fill containing no organiCS. This backfill should contain no more than 5 percent silt
or clay particles and have no gravel greater than 4 inches in diameter. The percentage of
particles passing the NO.4 sieve should be between 25 and 70 percent. The on-site soils
will not be suitable as wall backfill. The later section entitled Drainage Considerations
should also be reviewed for recommendations related to subsurface drainage behind
foundation and retaining walls.
The purpose of these backfill requirements is to ensure that the design criteria for a
retaining wall are not exceeded because of a build-up of hydrostatic pressure behind the
GEOTECH CONSULTANTS. INC.
Exit 7, Inc.
February 8, 2007
IN 06450
Page 6
wall. The top 12 to 18 inches of the backfill should consist of a compacted, relatively
impermeable soil or topsoil, or the surface should be paved. The ground surface must also
slope away from backfilled walls to reduce the potential for surface water to percolate into
the backfill. The section entitled General Earthwork and Structural Fill contains
recommendations regarding the placement and compaction of structural fill behind retaining
and foundation walls.
The above recommendations are not intended to waterproof below-grade walls, or to
prevent the formation of mold, mildew or fungi in interior spaces. Over time, the
performance of subsurface drainage systems can degrade, subsurface groundwater fiow
patterns can change, and utilities can break or develop leaks. Therefore, waterproofing
should be provided where future seepage through the walls is not acceptable. This typically
includes limiting cold-joints and wall penetrations, and using bentonite panels or
membranes on the outside of the walls. There are a variety of different waterproofing
materials and systems, which should be installed by an experienced contractor familiar with
the anticipated construction and subsurface conditions. Applying a thin coat of asphalt
emulsion to the outside face of a wall is not considered waterproofing, and will only help to
reduce moisture generated from water vapor or capillary action from seeping through the
concrete. As with any project, adequate ventilation of basement and crawl space areas is
important to prevent a build up of water vapor that is commonly transmitted through
concrete walls from the surrounding soil, even when seepage is not present. This is
appropriate even when waterproofing is applied to the outside of foundation and retaining
walls. We recommend that you contact a specialty consultant if detailed recommendations
or speCifications related to waterproofing design, or minimizing the potential for infestations
of mold and mildew are desired.
FLOOR SLABS
Even where the exposed soils appear dry, water vapor will tend to naturally migrate upward through
the soil to the new constructed space above it. All interior slabs-on-grade must be underlain by a
capillary break or drainage layer consisting of a minimum 4-inch thickness of gravel or crushed
rock that has a fines content (percent passing the No. 200 sieve) of less than 3 percent and a sand
content (percent passing the No.4 sieve) of no more than 10 percent. As noted by the American
Concrete Institute (ACI) in the Guides for Concrete Floor and Slab Structures, proper moisture
protection is desirable immediately below anyon-grade slab that will be covered by tile, wood,
carpet, impermeable floor coverings, or any moisture-sensitive equipment or products. ACI also
notes that vapor retarders, such as 6-mil plastic sheeting, are typically used. A vapor retarder is
defined as a material with a permeance of less than 0.3 US perms per square foot (psI) per hour,
as determined by ASTM E 96, It is possible that concrete admixtures may meet this specification,
although the manufacturers of the admixtures should be consulted. Where plastic sheeting is used
under slabs, joints should overlap by at least 6 inches and. be sealed with adhesive tape. The
sheeting should extend to the foundation walls for maximum vapor protection, If no potential for
vapor passage through the slab is desired, a vapor barrier should be used. A vapor barrier, as
defined by ACI, is a product with a water transmission rate of 0.00 perms per square foot per hour
when tested in accordance with ASTM E 96. Reinforced membranes having sealed overlaps can
meet this requirement.
GEOTECH CONSULTANTS, INC.
Exit 7, Inc.
February 8, 2007
EXCAVA TIONS AND SLOPES
IN 06450
Page 7
Excavation slopes should not exceed the limits specified in local, state, and national government
safety regulations. Temporary cuts to a depth of about 4 feet may be attempted vertically in
unsaturated soil, if there are no indications of slope instability. However, vertical cuts should not be
made near property boundaries, or existing utilities and stnuctures. Based upon Washington
Administrative Code \NAC) 296, Part N, the soil at the subject site would generally be classified as
Type B. Therefore, temporary cut slopes greater than 4 feet in height should not be excavated at
an inclination steeper than 1:1 (Horizontal:Vertical), extending continuously between the top and
the bottom of a cut.
The above-recommended temporary slope inclination is based on the conditions exposed in our
explorations, and on what has been successful at other sites with similar soil conditions. It is
possible that variations in soil and groundwater conditions will require modifications to the
inclination at which temporary slopes can stand. Temporary cuts are those that will remain
unsupported for a relatively short duration to allow for the construction of foundations, retaining
walls, or utilities. Temporary cut slopes should be protected with plastic sheeting during wet
weather. It is also important that surface water be directed away from temporary slope cuts. The
cut slopes should also be backfilled or retained as soon as possible to reduce the potential for
instability. Please note that loose soil can cave suddenly and without warning. Excavation,
foundation, and utility contractors should be made especially aware of this potential danger. These
recommendations may need to be modified if the area near the potential cuts has been disturbed in
the past by utility installation, or if settlement-sensitive utilities are located nearby.
All permanent cuts into existing soil should be inclined no steeper than 2.5:1 (H:V). Water should
not be allowed to flow uncontrolled over the top of any temporary or permanent slope. All
permanently exposed slopes should be seeded with an appropriate species of vegetation to reduce
erosion and improve the stability of the surficial layer of soil.
DRAINAGE CONSIDERATIONS
We recommend that foundation drains should be used at the base of all foundation and earth-
retaining walls. These drains should be surrounded by at least 6 inches of 1-inch-minus, washed
rock and then wrapped in non-woven, geotextile filter fabric (Mirafi 140N, Supac 4NP, or similar
material). At its highest point, a perforated pipe invert should be at least 6 inches below the bottom
of a slab floor or the level of a crawl space, and it should be sloped for drainage. All roof and
surface water drains must be kept separate from the foundation drain system, A typical drain detail
is attached to this report as Plate 5. For the best long-term performance, perforated PVC pipe is
recommended for all subsurface drains.
Groundwater was observed during our field work. If seepage is encountered in an excavation, it
should be drained from the site by directing it through drainage ditches, perforated pipe, or French
drains, or by pumping it from sumps interconnected by shallOW connector trenches at the bottom of
the excavation.
The excavation and site should be graded so that surface water is directed off the site and away
from the tops of slopes. Water should not be allowed to stand in any area where foundations,
slabs, or pavements are to be constructed. Final site grading in areas adjacent to a building should
slope away at least 2 percent, except where the area is paved. Surface drains should be provided
where necessary to prevent ponding of water behind foundation or retaining walls.
GEOTECH CONSULTANTS. INC.
Exit 7, Inc.
February 8, 2007
PAVEMENT AREAS
IN 06450
PageS
The pavement section may be supported on existing, non-organic soils, or on structural fill
compacted to a minimum 95 percent density based on Modified Proctor (ASTM Test Designation
0-1557). Because the site soils are silty and moisture sensitive, we recommend that the pavement
subgrade must be in a stable, non-yielding condition at the time of paving. Granular structural fill or
geotextile fabric may be needed to stabilize soft, wet, or unstable areas. To evaluate pavement
subgrade strength, we recommend that a proof roll be completed with a loaded dump truck
immediately before paving. In most instances where unstable subgrade conditions are
encountered, an additional 12 inches of granular structural fill will stabilize the subgrade, except for
very soft areas where additional fill could be required. The subgrade should be evaluated by
Geotech Consultants, Inc., after the site is stripped and cut to grade. Recommendations for the
compaction of structural fill beneath pavements are given in the section entitled General
Earthwork and Structural Fill. The performance of site pavements is directly related to the
strength and stability of the underlying subgrade.
All pavement sections should e underlain by at least 12-inches of structural fill compacted to at
minimum of 95 percent of the maximum Modified Proctor (ASTM 0-1557) dry density. The
pavement for lightly loaded traffic and parking areas should consist of 2 inches of asphalt concrete
(AC) over 4 inches of crushed rock base (CRB) or 3 inches of asphalt-treated base (ATB). We
recommend providing heavily loaded areas with 3 inches of AC over 6 inches of CRB or 4 inches of
ATB. Heavily loaded areas are typically main driveways, dumpster sites, or areas with truck traffic.
Increased maintenance and more frequent repairs should be expected if thinner pavement sections
are used.
The pavement section recommendations and guidelines presented in this report are based on our
experience in the area and on what has been successful in similar situations. As with any
pavements, some maintenance and repair of limited areas can be expected as the pavement ages.
Considering the composition of the underlying soils, noticeable settlement of pavements relative to
the building could occur over time. Cracks in the pavement should be sealed as soon as possible
after they become evident, in order to reduce the potential for degradation of the subgrade from
infiltration of surface water. For the same reason, it is also prudent to seal the surface of the
pavement after it has been in use for several years. To provide for a design without the need for
any maintenance or repair would be uneconomical. .
GENERAL EARTHWORK AND STRUCTURAL FILL
All building and pavement areas should be stripped of surface vegetation, topsoil, organic soil, and
other deleterious material. The stripped or removed materials should not be mixed with any
materials to be used as structural fill, but they could be used in non-structural areas, such as
landscape beds.
Structural fill is defined as any fill, including utility backfill, placed under, or close to, a building,
behind permanent retaining or foundation walls, or in other areas where the underlying soil needs
to support loads. All structural fill should be placed in horizontal lifts with a moisture content at, or
near, the optimum moisture content. The optimum moisture content is that moisture content that
results in the greatest compacted dry density. The moisture content of fill is very important and
must be closely controlled during the filling and compaction process. As discussed in the General
section, the existing fill soils could possibly be reused as structural fill if it is free of organiCS and
does not contain any concrete or asphalt debris. We should evaluate and approve any fill that may
be used as structural fill prior to use. The native silts should not be reused as structural fill because
of its low compacted strength and high moisture content.
GEOTECH CONSULTANTS, INC.
Exit 7, Inc.
February 8, 2007
IN 06450
Page 9
The allowable thickness of the fill lift will depend on the material type selected, the compaction
equipment used, and the number of passes made to compact the lift. The loose lift thickness
should not exceed 12 inches. We recommend testing the fill as it is placed. If the fill is not
sufficiently compacted, it can be recompacted before another lift is placed. This eliminates the
need to remove the fill to achieve the required compaction. The following table presents
recommended relative compactions for structural fill:
-LOt ~1()N-~~;fI\E
PI,\( F.\IF;\;T no;\;
Beneath footings, slabs 95%
or walkways
Filled slopes and behind 90%
retaining walls
95% for upper 12 inches of
Beneath pavements subgrade; 90% below that
level
Where: Minimum Relative Compaction Js the ratio, expressed in
percentages, of the com pacted dry density to the maximum dry
density, as determined in accordance with ASTM Tast
Designation 0 1557-91 {Modified Proctor,.
The Gelleral section should be reviewed for considerations related to the reuse of on-site soils.
Structural fill that will be placed in wet weather should consist of a coarse, granular soil with a silt or
clay content of no more than 5 percent. The percentage of particles passing the No. 200 sieve
should be measured from that portion of soil passing the three-quarter-inch sieve.
LIMITATIONS
The conclusions and recommendations contained in this report are based on site conditions as
they existed at the time of our exploration and assume that the soil and groundwater conditions
encountered in the test pits are representative of subsurface conditions on the site. If the
subsurface conditions encountered during construction are significantly different from those
observed in our explorations, we should be advised at once so that we can review these conditions
and reconsider our recommendations where necessary. Unanticipated soil conditions are
commonly encountered on construction sites and cannot be fully anticipated by merely taking soil
---samples in test pits.' Subsurface conditions can-also vary between-'expI6ratiori" locations. Such'
unexpected conditions frequently require making additional expenditures to attain a properly
constructed project. It is recommended that the owner consider providing a contingency fund to
accommodate such potential extra costs and risks. This is a standard recommendation for all
projects.
This report has been prepared for the exclusive use of Exit 7, Inc., and its representatives, for
specific application to this project and site. Our conclusions and recommendations are
professional opinions derived in accordance with current standards of practice within the scope of
our services and within budget and time constraints. No warranty is expressed or implied. 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. Our services
also do not include assessing or minimizing the potential for biological hazards, such as mold,
bacteria, mildew and fungi in either the existing or proposed site development.
GEOTECH CONSULTANTS. INC.
Exit 7, Inc.
February 8, 2007
ADDITIONAL SERVICES
IN 06450
Page 10
Geotech Consultants, Inc. should be retained to provide geotechnical consultation, testing, and
observation services during construction. This is to confirm that subsurface conditions are
consistent with those indicated by our exploration, to evaluate whether earthwork and foundation
construction activities comply with the general intent of the recommendations presented in this
report, and to provide suggestions for design changes in the event subsurface conditions differ
from those anticipated prior to the start of construction. However, our work would not include the
supervision or direction of the actual work of the contractor and its employees or agents. Also, job
and site safety, and dimensional measurements, will be the responsibility of the contractor.
During the construction phase, we will provide geotechnical observation and testing services when
requested by you or your representatives. Please be aware that we can only document site work
we actually observe. It is still the responsibility of your contractor or on-site construction team to
verify that our recommendations are being followed, whether we are present at the s~e or not.
The following plates are attached to complete this report:
Plate 1
Plate 2
Plates 3 -4
Plate 5
Vicinity Map
Site Exploration Plan
Test Pit Logs
Typical Footing Drain Detail
We appreciate the opportunity to be of service on this project. If you have any questions, or if we
may be of further service, please do not hesitate to contact us.
GDB/MRM: jyb
Respectfully submitted,
GEOTECH CONSULTANTS, INC.
,
GerrY D. Bautista,J .
Geotechnical Engineer
GEOTECH CONSULTANTS. INC.
COLEH<N
POINT
LAKE.
(Source: Thomas Brothers Street Guide and Directory)
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GEOTECH
CONSULTANTS, INC.
VICINITY MAP
17xx Northeast 44th Street
Renton, Washington
Job 1110: Date: Plate:
06450 Feb.2007 Not To Scale 1
NORTH
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TJI5 lIS t: 114
Ut lIma) IIQ,
LEGEND:
!;iii Test Pit Locations
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TPr·1 __________________ ~~_O_U_R_C_E_;_S_ft_e_p_,lanfro~m~L~D~G~A~~~h~fte~C~~~) __________________ __,
~~ GEOTECH
CONSULTANTS, INC.
~~~ts~~;p;!!!'!'!!!--.... .....
SITE EXPLORATION PLAN
17xx Northeast 44th Street
Renton, Washington
Job No:
06450
Date:
Feb. 2007
late:
NotTo Scale 2
\ l~ ~~ TEST PIT 1 ~ .. ",,'-V ~ ,~~
;s-~o' ~~ ~ 0' ~~ G'?
Description (l~ c,o '\~.:;;'"
-Brown, gravelly, silty SAND, fine-to medium-grained, moist, medium-dense to
-dense (FILL) , --becomes gray, medium-dense -5 -FILL .. -concrete chunk .. -concrete pipe fragment
i--becomes very moist to wet
i--brick 10 l-
i-• Test Pit was terminated at 10 feet on January 19, 2007 . .. • No groundwater seepage was observed during excavation . .. • No caving was observed during excavation. i-
15'"-
~\ -J."~~l TEST PIT 2
fI\S" ~r;5> ~~f:'~J' )$0 &
Description \J~ cP ,\(}l <:J'"
~ Dark brown, silty SAND, asphalt, concrete, and wood, fine-to medium-grained,
~ moist, medium-dense to dense (FILL)
~ FILL
~ Y--becomes gray
5 -Old Toosoil
"" ! Gray SILT. organics and rootlets, low plasticity, very moist to wet, stiff i-
i-
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10 l-• Tast Pit was terminated at 9 feet on January 19, 2007.
~ • Groundwater seepage was observad at 4 faet during excavation.
~
"----No--caving-was-observed during excavation.
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, TEST PIT LOGS ~il GEOTECH 17xx Northeast 44th Street
CONSULTANTS, INC. Renton, Washington , .. I Job No: I Date: I LoUedby: I Plate: I $ ;z: : Jan. 2007 3 06450 GOB
":\ .. l' ~\~ TEST PIT 3 ~' ''o~ ~ i is" ~o' \~ ~ :,,(U 0~
Description 'V~<:i, cl' .... (§J.;:;'3
-6" of pea gravel over .. FILL Brown, silty SAND, brick, fine-to medium-grained, moist, very dense (FILL)
--becomes gray, medium-dense to dense
-
5 --Old Topsoil
I-Orange/gray SILT, organics and rootlets, low plasticity, very moist, medium-stiff
I-ML to stiff I-, IT I
l-• Test Pit was terminated at 8.5 feet on January 19, 2007. 10 ~ * No groundwater seepage was observed during excavation.
I-* No caving was observed during excavation. l-
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15~
":\ ~~ ~ TEST PIT 4 ~' !..v" ~ '{p ;:,; .... e
i/:S-~o ~~ ~Ql (§J\.1b &
Description <1' cJ ~ r';:;'3
I-Brown, gravelly, silty SAND, fine-to medium-grained, moist, dense (FILL)
l-FILL
I--becomes gray, large asphalt chunks I--large asphalt/concrete obstruction 5 i--
l-• Test Pit was terminated at 5 feet on January 19, 2007, due to refusal
I-(large concrete/asphalt obstruction).
l-• No groundwater seepage was observed during excavation.
I-* No caving was observed during excavation.
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, TEST PIT LOGS ~iI GEOTECH 17xx Northeast 44th Street
CONSULTANtS, INC. Renton, Washington ~ .. I Job No: I Date· I Logged by. I Plate: I $ ;Z : Jan:2007 4 06450 GDB
Slope backfill away from
foundation. Provide surface
drains where necessary.
Backfill
(See text for
requirements)
Washed KOI~k-+ ......
(7/8" min. size)
4" min. r~~~(;;~
Tightline Roof Drain
(Do not connect to footing drain)
Vapor Retarder/Barrier and
Capillary Break/Drainage Layer
(Refer to Report text)
'---4" Perforated Hard PVC Pipe
(Invert at least 6 inches below
slab or crawl space. Slope to
drain to appropriate outfall.
Place holes downward.)
NOTES:
(1) In crawl spaces, provide an outlet drain to prevent buildup of water that
bypasses the perimeter footing drains.
(2) Refer to report text for additional drainage, waterproofing, and slab considerations.
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GEOTECH
CONSULTANTS, INC.
FOOTING DRAIN DETAIL
17xx Northeast 44th Street
Renton, Washington
IJ
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6
06450 1 Date: 1 scale: 1 Plate: 5
Feb. 2007 • Nolto Scale _
CC: list for Exit 7:
Commercial Development and Consulting -James Hamm
James.Hamm@commercial-development.com
LDG Architects -Edi Linardic
ed@ldgarchitects.com
Burt Engineering -Cornell Burt
fish4salmon@verizon.net
VII. BASIN AND COMMUNITY PLANNING AREAS
(N.A.)
VIII. OTHER PERMITS
eN.A.)
IX. EROSION/SEDIMENTATION CONTROL DESIGN
Construction Sequence:
I. Schedule and attend a preconstruction meeting with the City of Renton.
2. Mark limits of clearing.
3. Erect filter fabric fence as shown on plan.
4. Install catch basin protection per City of Renton standards.
5. Clear and grub the area for the construction entrance. Construct the construction
entrance per City of Renton Standards (See Sheet 2 of 2).
6. Erosion control measures depicted on the plan shall be maintained in a properly
functioning condition until the city inspector has given approval for disassembly.
X. BOND QUANTITIES WORKSHEET, RETENTIONIDETENTION FACILITY
SUMMARY SHEET AND DELINEATION OF COVENANT
(N.A.)
XI. MAINTENANCE AND OPERATIONS MANUAL
(N.A.)
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After Recording, Return Tc:
Michael J. Wensman.
Suit~ 430, 2200 &t~
Seattle, WA 98121
P.S.
A.venue
~T?>TIlIQ!lY .,IlRRJ\Nn [)~~':;'.
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·.-:C~1S~::'L ~:§~esV
.-, l'Ng COi!NTY
tXclSE TAX PAID
JA N14i987
EOS221tOS
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The Grantor, Gemini Construct ion of Washington. Inc.. a wa.shington
Corporation. f~r and in qonsideration of Ten and No/IOO Dollars
($10.00) and othe"r good and valuable consideration. the sufficiency
ana receipt of which is hereby acknowledged and in hand paid. conveyS
and warrants to Exit 7. Inc., a Washington Corpor~tion, the following
described-real estate, 5i tuated in the County of King. State of
Washington:
I{
That portion of tracts 183 and 184 of C.D. Hillmants Lake
Washington Garden of Eden addition to the City of Seattle,
Division No.3, according to the plat recorded in Volume 11, of
Plats, Page 81, in King County, Washington, lying easterly.
southerly and westerly of primary state Highway No. I, as
condemned for high.-ay purposes by· ·the st.ate of Washington unaer
King County Superior Court Cause No. 613780 including that
portion of County Road vacated by Ordinance No. 2111 of the
::s
Ci ty of Renton. Cl-
SUBJECT TO the exceptions 1 isted in paragraphs -4. 5, 6 .• 7 and 8
in Ticor Ti tIe Insurance Commitment No·. A-355190 dated January 12.
1987 attached hereto as Exhibit A.
IN WITNESS WHEREOF, said Grantor has c to be
executed by its proper officer this 14th
By:
STATE OF WASHINGTON)
) 5S.
COUNTY OF KING )
i~"'~71t ,:"~i'.i" .. , u ~ ..
On this day personall'l appeared before me J. Malcolm Lyle
to me known to be the President of Gemini Construction of
,-
a r-eo
Washington, Inc .. the corporaT.icn that ex.ecuted tLe wi th!n and
foregoing instrument. and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses
and purposes therein men_tioned, and On oath stated that he was
authorized to execute said instrument.
IN WITNESS WHEREOF, I have set my hand and official seed this
14th da, of January, 1981.
d/e,,-?
stawdeed
4. • .'. ~ ~ j'. • • • ~,~~,' _ _ '~.
4. AN EASEMENT with' provis f.ons, conditions and covenants 35 may be set forth therein~
~or : pueLic UTILITIES (INCLUDING WATER AND SEWER) WITH
NECESSARY APPURTENANCE
In faYOr of : .CITY OF RENTON, A MU'·"CIPAl CORPORATlON
Reflected .of reGord by instrument
Recorded DECEMBER 19, 1975
Audi tor's File No. 7512190493
Affects ASTIlIP OF LAND 20 FEET WIDE BEING 10 rEET ON OTHER
SlOE OF THE FOllOWING DESCRIBED CENTERLINE, ACROSS
PORTIONS OF tOTS 183 ANn 184 OF C.D. HILLMAN'S
GARDEN or EDEN DIVISION #3 lYING SOUTHERLY OF THE
STATE HIGIlWAY 1-40S "AMP.
COMMENCING AT THE SOUTII OUARTER CORNER OF SECT/ON
29, TOWN·'-. ... 24 1I0RTH, RANGE 5 EAST, II.M., IN KING m COUNTY, "ASHINGTON; THENCE SOUTH 88"46'56" EAST A ,~ DISTANCE OF 278.46 FEET ALONG THE SOIJTHERl Y MARGIN gs OF SECT/ON 29; THENCE NORTH 44°14' JJ" WEST A
~ DISTANCE OF 42.43 FEET TO TilE TRUE POINT OF
o BE~INNING THE NORTHERLY MARGIN OF NORT~ 44SH STREET.
""". THENCE NORTH 44"14'11" WEST A DISTANCE OF 98:99
::0 FEET; THENCE NORTH 0°45'49' EAST A DISTANCE OF
240.00 FEETPAAAUEl TO T~E EAST MARGIN OF lOT 184;
THENCE NORTH 45°45'49" EAST A DISTANCE OF 141. 42
FEET TO THE EASTERLY MARGIN OF lOT 184; THENCE NORTH
0°45'49" EAST.A DISTANCE OF 195.15 FEET TO THE
NORTHEAST CORNER OF lOT 184 AND THE TERMINUS OF THE
CErIT£RllNf.
TOGETHER WITH A PERI'oANENT SLOPE EASEMENT •.
5, AN EASEMENT wi+.h pr<>v!sfons,condHions and covenants as may be set forth
therein.
For. UNVERGROUND COHfoIUNICATJON liliES AND A~OVE GROUND
CABINETS
In favor of PACIFIC NORTHIIEST BEll TELEPHONE COMPANY; A
WASHINGTON CORPOPATION
Reflected'of record by Instrument
Recorded· : APRIL 7. 1986
Auditor's File No.: 8604070748
Affects ALONG A CENTERLINE ESTMlISHED BY THr IN~TAllATlON
OF THE COHfoIUNICATION lINES.
A-355.190 SECOND REPORT PAGE 4
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6.
7.
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EXCEPTiOI'S AHD RESERVATIONS contained in de.d from the State of
Washington whereby satd 9rantor excepts and reserves an oi'is, gases,
coal, ores. minerals, .fossils,~f'tc .• .:Jnd the right of entry for opening.
deve'lopfr-p' and working mines~ etc. ~ provided that no rights shall be
exercised until provision has be.n made for full payment of all damages
sustained by reason of suchentry.
AUditor's File No.: 1147976
CONDEMNATION ~y the State of Washington of right of acceSS to state high-
way and of light,_view and. 'air, by decree
Entered, : MAY 15, 1964
Case No. : 613780
FROM AND 6ETWEEN SAID PRIMARY STAT[ HIGHWAY NO. I AND r~f. REMAINDERS OF
SAID TRACT "X· EXCEPT THAT THERE SHAll BE REASONABLE ACCESS TO SAID X
LINE, EASTERLY OF STATlQN X 1013+31.14 P.C.
EASEMENT ID FEET IN WIDTH FOR UTILITY AND OTHER PUBLIC PURPOSES BEING
CENTERED 0/1 VACATED COUNTYROAO NO, 34 RESERVED BY THE CITY OF RENTON
UNDER ORDINANCE NO. ZIII OF THE C!TY OF RENTOII.,
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ALTA MATTERS:
The OWNER'S POLICY applied for will not insure aaainst those matters
listed as addtt'io'nal, excepti,ons" on the inside back co'!~r hereof.
+ +
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NOJE: InvestigatlQn should be made to determine ff there, are any ser-
vicll! •. installation. maintenance or construction charges for sewer, water?
garbage or electriCity.
HOT[: A consolidated stat.ement of all charges and advanCl: .. in connection
with this orcierwlll be pro,ided at clOSing.
NOTE: In event the transaction fails to close and this co ... itment Is
cancelled, a fee will be charged to comply with the state Insurance code
and the filed schedule of this company,
JL/MLA C-271
A-355)90 SECOND REPORT PAGE 5
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"";5 'j., !I" . City o'Renton shortPIClt No. 011 -87
fI,r., <, . , . '. , ' . A Portion of the SW i/4 of. the SE 114 of Section 29,Twp. 24 N., RQ8. 5 E., W. M.
City of Renton, KIIIQ County, Washington .
~p!.~ATION
lills;, ~ t.l11 'm:"t:J:I.m.~T«~ 1M[ TtD "'-AT NtO DElllCAn TO TME UK Of' I'UIuC:
,!"IIP ... .0 RKlT "I:H.T" .... I\III:AU.r.Ift ... 'HO,", CIJII TtIIJ
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• 10.14 T I~ ~RTIFICATION 11M-14M I . ,. ... ~..... ,Ra308.IO
HER£8't C£FITFY THlT 11£ M I.tCIDtIOCD NIl"M o.tOS ..... 1"11 .. OJ.... ~ L.,4528'
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SCALE r ,'".401
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Fa...u: OIF THE LAfD t«lI£tT I'U.TUO .. 1lII 8IOIIT I'LAT. fII',....... -*1)01 • .. 'S .. ~'"
~ $6,... "+00
, ... " .... ~ «/W '/~I.A 0" UIIS 0 .. eUIU,.o IS THE
-..... IE. 0.4 _P'G" tL W"'SHI .... TON COOftOIHATr.
-~ '~T<.' NOOTH ZONE,
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" CKNOWLEDGEMENTS
ATI: 0iF 111 ....... ,_
II.t(1'T 01' I\Mi
£IIEII'f _~ff'Y TKlT IIDOIUlf.IA~~ f:Wlr:lo
~t '&,~'" ro bl:M'£c:5M1~ AM) 'Cla 01 IDQfD
lI~1 IllENTDO II THE ~ IUCH p/IItTy,. TlC uta .UC/ , . . .. -'ftt'; '7 :.~J,'+. .. , =-.mL :(4'/" at ....
\..' .;: -. -' • lin' .wa.moT 1DI'IIU..£.f:f... /
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tmav CEJt1FY 11tt.T I ""~lf.l"..!l!t..~~ ~+.g lrtla .~, K1~ ..... AL, ......... 4F Mr"'~.ue AD C ENID t oUI THE ar-':
'0 IE: TI£ rIlE[ NIIJ YOLIMTMY AtT Of' -..c::H ~MtTY rOIl! TM! ~ MEl 'Ulll"ORS III£NT~ 1'1 Tl« M1"II'.MHT.
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-"'" " MOTMf'f P'\8,..IC: ______ _
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,PPROYALS .
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M~ Mel ~ "'~2g;.·'f .1iIiLAIJ. ,",1., ..::'1 __ d, 1r-.M. ..
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__ •• ___ of .. .,.,. ., ..-. __ " ... SG:YE7"'wlD£"iy ~"~~~M. ;:;~.;:;:.;::, :-.,--;.-.:..:.... ......,. D£AIb &I NOfbI ... COfEORWANCE WITH THE R[OIJIItIDoCHTS Of' _ ... ' .......... 110.·. ___ •. _........ II ,....1 .. j~,t"fl~~STAT~~TY OR CiTY, CU 0.1. 0 tlWMII .1', fDUUbI' *)035 ~/~ 12.1:'17 •••• _IGUIIotoIt'I'UE ,It II. IiIiBRU LI.
-.. ".. 5oCI' " -ClrIItItDtt NQ.. ~)Ise I~. 40' .----.
• • •
.EASEMENT .JJ4)10--II/.O
Jet. 8(:-f:! __ '".:l}Ol
KNOW ALL MEN BY THESE PRESENTS:
R I IN Rermp.tlCO -;9Z_ -"02 2.-""o-S-
For Br,11n conaldor&lloo or =_~-:...-=-=.m\ltlla 1 bJ!llcllll::l __ =-.. =_:: .. :::.=-=--=.=.-:-:...-... '~ "n...~lstoned. t'.c'ejn .. I;~r refalred to
as Gf9ntOflS). hereby grpnl& ~ perPtl'vol easement to Pac!lir. tJt>rlt"", < .. "n Telt?pholle 0::lmpany, a Waliloil1g!on C(Jrpor~:ioIl.
its successors. and assigns. oor(!lnaller rolorrO(f 10 <15 Grantee, with Ihe rlo-fttt prloJilege alT< 9ulhority 10 ptace. construe!.
molntaln.1ns(>Uct. rocCf)slruc:l. repair. rep!ac~, r6mo'JO and ke(!~OhSla;:::!esclearfromGr:':lrl!ee's racllili'JS c.ortsi~l;ng of ..
__ --11Il'k~r.ttI.lruLc.DOdmID JCI1! jQn-1.im!!l,..-il.O~~I.!......gr.uurul r",lh! Of'! ~~ ___ . _________ .' __ _
andolher appurtenances 015 the Granlea may IrO<1i lima 10 !lrnu reQui.f'!" over, acr();5!1. uPOn.and l'nOe! V-.c ht:1~"lat!o:' descn;')e(j
properly sil\J81P.d In KiD ~ County, Slate 0: _Hu::;l:U.!u:.LQU.. __ aI'\d:s de-scribco as 1oI:a.vs.
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Lot 18] H1l1mans J.ak~ Washin3ton CanJ~n L,r Ed~n In
,\11 situated in lhc-sl>utbca.f:t 5t:'ction 19. l'ovnshi;~ 2~ Noeth, R.mge 5 East. W.M.
Said casement being. 11 strip of lantl five f.~el (~') in 'Wid::h along <l -;:eIHeTj,jnl~
established by the install::!:tion of 1.Ilt' r;omnnJOic:Hlcn liiles a ... ross th~ ~.;b(lV!;
de:>cribed property.
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REeD F
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55
Grantee sha!t al all limeS have 1I'.e righ~ of futl and free ing:es.s 10 and fOgress ~om sa;d ~rty described above. y.ilr If"Ie
understanttng that Gtantee sl>.atl be resp:;>nSibie lor a!! damage ca'Jsed 10 Grar:lor ;)fis!ng ,rom Gran(!;!e·3 eJeicise 01 the rignls
and priviJegas tlefeio granted.
Grantor ;eserw=s the right to use the easement for any PUfPOZ<OS as long as not int.'O'lSis~£nt wfth ~ an inlar1e~e:"lce wHh IN!:
rights granted GrantEtf) herein. , .:
The rlghls. CClI'Y.tilior.s and prrNisior.s 01 this e-aserr-.enl shall inure 10 the benem of a:)(f be birw:IrIg up..".. the heino, exec~tOf3.
administrators. successors and asslgns".rhe '~speCliye p;orlies I)a:relc.
'~witness whereof the Uf"IdelsJgr.ed t!ss executed this Instrvrr,enllhis
Wi''''''' _____ -'-_______ _
Y Slaled
Coontyc..j
01 tho COfI)Ofallon thai Decuted IN k»~~ IfMllrumonl.
Hnd . ~ laid tnotlU/'l'lfl'll ":'" be :he !roe "na
voiunlery 1:::1 enddtfld of_aid CO!pOfltIi;;;,. tor the uiM aro.1
purposes tMreIn ."'J'IM'IIIOMd. and()."'lotlh :lil.led that __
wa.twor. luthoril.c$IQ g.,cute uId N!rutT40t on behllf
of the: totpOl'lOtlon.
Glvt-n unde, my IIend andomct.lMal thll ____ day
oL .19 __ .
~IDI'f PublIc kI ilfldlor lhem.,. d
fttldltlO .' .., .............. H' _____ . ___ _
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PUSET
POWER
EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM
ORIGINAL
Por and in consideration of One Dollar 0$1.00) and othet valuable
consideration, the reeeipt of which is hereby acknowledged,
EX!T 7, INC •• a Washington cOfP.oration
rcranlor-M~lnl. grants. conveys and Wllftonb lD PUGEr SOUND POWER' umrr COMPAN", • WllJhln~ktn c:nt-
poralion rcriloloo-herefn).lor Ihe purposes hereinafter .set rOrl~ • perpeluod CaR'fnCD! undl!l'. aCfD5l; and over Ihe 101-
1DWins= described re,,1 properly IIhn ''Property'" herein) .K1nq County, WashinJdon.
That portion of Tracts 183 and 184 of C.D. Hillman's Lake Washington
Garden of Eden addition to the city of Seattle, Division No.3,
according to the plat recorded in Volume 11, of Plats, page 81, in
King COunty, Washington, lyinlJ easterly, southerly and westet'ly of
primary State Highway No.1, as condemned for highWaY purposes by the
State of Washington under King County Superior Court Cause ~o. 613780
including that portion of county Road vacated by Ordinance No. 2111
of the City of Renton.
Being a portion of the Southeast quarter of Section 29, TOwnship 24
North, Range 5 East, N .M., King County, WashingtoaQ/03 .... 14 it027.e
RECI> ~ 7.00
CSl5HSL '1"'."'''<7. 00
(l) II
Except as hlat be oIharwls. mlor1h b~rtln Cklnlcrc', rlghls ,halt be exercised upon lhal pnrUon of Ihe Propertr (lhO' "RIstht-
01 WI6Y" herl'ln) described as folJo\\T."
A Rislhl4.WI)' ten (J Q) 'eclin widlh hiwlng fi ve 15) fcte1 of such wldtb on nth !Ide 01 a center·
lint" dasc:ribed al fo1lo\\'5:
The centerline of Grantee's facilities as constructed or to be
constructed, extended or relocated, lying within the above described
Property.
1 (This easement may be superseded at a lat.er date by a document with ::;:;OJ a raore specific easement description based on a survey furnished by
,. Grantor at no COlt to Grantea) • B> EXCISE TAX NOT REQUIRED
.."--; .Klng'Co. RecOIds ~~i~illn
'.B!~ ./ ~l;I"~ . 1lcf,"J
L Purpose.Cnlntea shan ha\'elbe ,.hllo construe!, opernlt!. malntam.nopalr.hplaco and enl.JQftl' an undcrpound eJadric
lransmisskm ;mdlor db1ribullon J)'Stem upon and under fhe RI~I.m.Wa)' ,*rhur with ad necessaJ')~ or CDn\'8l11enl liP.
purtenlU1a!llbcrcror. wbldl morliduda but are nOllimllcd 10 the followlnJI: und~ conctullS. cabk.'S. ann:aunleation
lint!.!: quits. manbob. SWitches, lind :ransfDfmcrs: and nml-buried or RfOUnd mounll!d 'ncfJlllef. ~owi .. the Inl~al con-
,Iruclion ollis r.enltles. CrtlJltelt ma)' .rom lime 10 Iitne construe: sucb oddillonll' ,.dlllies as II may reqUire.
2. Acceu. Grantee thall have rhe I'IJbI or acceu to the RIBhI-oI'·Wo), ""er and across IhctPropCft)°1o enlble Granleelo ner·
dR IlJ riAAlJ hCh!undllll'. pnl\"ldod. that GrDniHshall compensate GranlatfDt any dltm •• 10 IhePropeny CBlDed by the exvr-
cf5lt 01 Slid riahl or ac:ass.
3. Obttrudluns: ~pl ... Cranl~ may r,om lime '0 lime rcmDl'C lree!!. bushes. orOlher obstructions wllhin lbe Right.
of-W.yand 1DiII)'ICMd .nd srade lhe Rlghl..t:l-W4}" 10 !he extent tca~bly nC!CCS5llI')' 10 carry OUllhe putpo:HS lei fOrlh in
lNU'8JZf"8ph 1 hermI, ~ded. thll folloWi", an)' 5uch work, Granlee lUll. to Ihe Cldml reasonably pqclIC8bJ~. rest!)r. the
JU(thI-ol.W.)' to the Condition Il wulamuNllalely prior 10 IUth work. FollowIng the Installation or Crant~·s udeQVOund
fwlilioJ. Grantor IDa)" UDderIako 1ft)' ordinary Improvements lD lhe lqn~ oIlhe RlPI-OJ..Way. ;»orided IMI no U'ecJ or
other ph __ II be plated thet.on which \\'OUld be unrea.sGnabl, experWvt'! or Impraclltll for Crtnleelo remove MId ........
.. Gl-1AA1or"1 Useof' RJahI.oI'-lVt,..Cranlor rell!n'l!:$ lhe fiSb! 10 use the Riahl-at.W"yfOf lin)' purpose n~ inconsislent with
!he ~ herein JI':,u .. ed: prG\"ided: Ih., Crantor shall nol construe! or malntllin an), bundIns or OIhor .truc:ttlf'e on the ~iJht.
of·Way which woUld Inlmer~ M.ilh the exerdse of Ihe rights hueln granted: that nD dtainS. tunnclllllM other form ctf con.
Jlruc:lilm adMI)" Aball be done on 1M Properl)' whlcb would dlslurb the compadlon or uneotlh Cnnte·. fadlilies on Ihu
RJ~t-01·'\'.)'. orendanger!he laterolnpport lolD;d faci!UIer. lind Ihal no biDltinSshall'" done ",Ithln 15 feci of Ihe Rlghl-of.
Way.
S. 1mIenmIty. 8yac:cepllns and rcconUna:!hI. ea.ement. Granlee apees 10 indemnify and huld harmless Grantor from any
.nrt all clum$ror inJurie!ll andlordamaseuurfered byan)' pfJraOll which maybe caUI~ by IbeCranlee',exerebeof lhe rlghts
herein granted: provided. Nt Cranlea .hall nol be rcsporu!b!e 10 CronlOt lor an)' Injuries andlor dama.ges 10 an)' penon
caused by al» or omlJSfon! of Cranlor •
.. Abddcmmenl. Tho rights hrtilln sranled sholl continue until such limo.s Granlee ceases 10 use 100 ru,hloOf.Way for a
period of rive {5) suc:ceul\'e yean. In whim IIVf!nllhls easernenl ,hall tennlnate and.n rlshts hereundershal revert to Cran·
lor. J)I"OVIc!ed thai no Gbandonment thaD be deemed 10 hl",e occurred by reil50n or erantcO"s 'adure to 1nl~.II)' Ins!alliis
roclfliles on the Rlshl-af.W.y wilhln an)' period of I!me Irom Ihe dale herPOf.
'I. 5u::coa1Ol'S and Aalfps. The tlshls and obligatiDn! Dr Ihr. parll!!! shall Inul'(! 10. Ihe benefil or Md be bindlnR upon Iht!It
rcspr.cti\'c ,uccesstlt$ ana IINIgm IT ':'-. '. , . ':,:: ~.' '-:-r OF'
R 2578 KJ AeOOl LI-I... . •.•. p -.... , .... _~.JI.;~ •
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8709289 245-116 lit:,\i. F~'· ":;;. ~· .. :.:?:.:r:";.:!.:i~T
P.O. BOX '.;/7 J3-! Nl'l'EN'I'ION: 8COT1' J ACf:I'P~
S"llE'iU". ViASHINGTON 98009·9734 f7I'U11-19
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; • DATED ~I' .. It . . ..... da)' or
STATE OF W/ISHINCTON I
ss
COU",,"OF I
On r'hf,. dB}' pt!llIODIIlIy arputm hr.tote PIJt
. ,. Jlf. .
.,
GMNTOR
a Washington corporation
In mn known 10 b" tlMr inrllvidt,'_ deJCribert in imd who ex"r=tIIl"Cf the wlJhln and tore,P~ instrument. and ndnowlttdpat dud
____ a'lIfted ~ AmI! as ttCC' Dn" \'fIlunrary .acl and der.tl ror the usr..s lind pllrJlO5C5 ,heuoln mentioned.
ctvEN under fa)' hand .... onidal seal this __ day of
Ie ~ o STATE OF WASHINC1'ON I
"1' SS
;; COUNT\' Of I
fE On this dIIy penonall)' ~peared before me
Nolory Public in and for the Sialu 01 Wll5hhl~lon.
residing 01
.19 ___ •
o IG me Jmown 10 be the iadividual_ dascribed In and who executed the wlthtn and IDreIJOinlinslrumctnt. and .o.:.awI~ ahal
____ .lpeeI the sama as (reI! Dnd votUniary n1 and de<!d lor lbe Use5 and purfJ050S therein mentioned.
I
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CIVEN under my hand and orndal seal thU ___ do)' of .1R ___ •
Notary public in and ror the Slale 01 W8!lh~' ..L.
residing 81 :r-:~';"" ;:';;': : = ?--., " '" STATEOPWASHINCTON I ,.
SS
COIlNTYOF I
On lhis dar pl!l'SrJn.lUy appeared Wora me
10 ma bown 10 be the indMdU81_ described in and who executed the within and lort!1lOttll! inslrumoDL and acknowJedJrad 1hat
____ siJmcd the same lIS 'tee and volunrary act.nd de~ ror Ihe uses and plIl'pOSmIlberefn mentJonrd.
GIVEN tlnd~ my hand and anldal .eallbfs ___ day or .19 ___ •
STATEOF\VASHINGTON I
SS
COU",," OF I
NOlary Pubbc hi .nd rDr die SlAte III WaMlnston.
relldlns al
CORPORATE ACKNOWLEDGMENT
~~On~'~ilI5~~1 ~I ~~ cIo"~' o~r~r~~F~~r~c,.~I,~~~~~~~~. '~9~JJt.~ • before me. Iba undersigned. personally appeared
M ~C;;:;:r4' L ~ __ and
10 m.o •. ::"cc'" cw Q; rmd Dr
and ackno\vled8l!d Ihe sakilnslnlmenl
Dumrfoned. ,nd on oalh Jloled tIl.1 and IMlahe
.~I a'!beed Is Ihe turporale ae.el of AId corporalion.
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RECIPROCAL SHOPPING CENTER EASEMENT AGREEMENT
THIS EASEMENT GRAHT, dated January 25, 1968, Is between EXIT 7. INC., a
Hashlngton cor~oratlon ("Grantor") and McDONALD'S CORPORATlOfl, a Delaware
corporation ("Grantee"). The following-statements are a material part of this
Easement Grant:
A. The Grantee Is the Purchaser of a tract of land described as
Parcel I on Exhibit A, attached.
8. The Grantor-is the owner of a trac.t of land described as
Parcel 2 on Exhibit S, attached.
C. The Grantor wishes to grant and the Grantee whhes to re-
cei ve. eas~ments over. under and ac~os s Parc~ 1 2.
THEREFoRE', In, consi deration of the covenantS contained 'I n thl s Easement
Grant and othe" good and valuable consideratIon, receipt of which \$ acknowl-
edged. the followtog grants. agreements, cQvenants and restrictio~s a.re made:
1. EASEMENT FOR PARKING AND INGRESS AND EGRESS
Gra.ntOr grants 'and conveys to Granti'e a perpetual. non-exclusive
easement for"automoblle parking and vehicular and pedestrian ingress
and egress. to and from Parcel 1. appurtenant to Parcel 1, over, upon
and across the parking areaS. and spaces, ddveflays and access ways,
s1dewalks and wal~ways. exits and entrances. and other common areas,
as these areas now ~x1st on Parcel 2 as shown on the plot plan at-
tached as Exhibit C. :GrantoT reserves. and Grantee grants to Grantor,
a·_perpetual. non-exclusive easement. appurtenant to Parcel 2. for the
use and_ benefit -of the. Grantor and Granhr's tenants,. Successors and
assigns. -for the purPose of automobile and pedestri-a~ ingress 'and
egress 'over and-upon· the access ways. entrances and exi ts that may
from time to_.t1;1!Ie.:;b,it:"tons:tr,ucted. altered or modified on Parcell.
2. EASEMENT FOR TElEPNOfIE SERVICE
Grantor also' grants and conveys to Grantee perpetual, non-
ex-clu,sh-e eaSetAen~-s. appurtenant to Parcel 1, fot th:e purpose of in-
stalling, operating; maintaining, repairIng. replaclng and renewing
any. and all tehphon_e lines and related facilities under ahd· across
Parcel 2 wherever these tel.phonollnes are first Installed on said
. Parcel 2. No trees; 'permanent bul1dings or other structures shall be
.. placed-in or al1ow.ed to' en.croac_h ,upon the .easements; .. and no t.hang-e Qf
grade __ etevat1on or--excilri.tion shall be made upon. the-easement area
wHhout._ Grantee's prior written approval. The-ea.sem~mt shall be -ten.
(10) feet lnwldth having five (S) feet of such width On each side of
the centerline of G't'_antee's factHties as constructed Or to be
constructed, extended or relocated lyIng within Parcel 2.
3. MAIIITENAHCE
Grantor and Grantee covenant and agree to malri-tain in_ good c'on-
dltlon and repair, or cause to be maintained and kept In repa,lr, the
parking. driveways and other_common areas sttuated on their respec-·
ttve properttes. The obltgatlon of the Grantor and' Grantee to main-
tain, repair and keep Inrepair the parking, driveWaYS and other
common are .. shall, without limiting the generality thereof, Include
the following:
A. Halntain\ng the surfaces at such gtadec: l. .• J levels that
they NY be used and enjoyed as contiguous and liU.1Ogeneous
common areas and ma t nta\n1ng the surfaces in a level. smooth and
evenly-covered conditIon wIth the type of surfacing materIal
origInally Installed or of similar quality, use and durabIlIty;
and
EXCISE TAX NOT REQUIRED I<i>g Co. _ IhIsIon
By---f-.6:0It{J, Deputy
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B. RemovIng .11 papers. debrIs. snow. Ice. filth and
refuse and thoroughly sweeping the areas to the extent rea-
sonably necessary to keep thes~ areas in a neat, clean and
orderly condition: and
C .. Placlng. keepIng In repaIr. and replacIng any necessary
appropriate dlrectlon.l !Igns. strIpIng marker, .nd lInes; and
operating. ~eeptng 1n repair and replacing, when necessary.
artificial ·lighting facilities as shall be reasonably required;
and
D. Halntalnlng any perImeter .alls In good condItIon ano
,tate of repaIr; and
E. Hai"ntalning _all landscaped areas ... llaking such
replacements. of shrubs arid other landscaping as 1sn~cessary.
and keepIng the,e are., ·at .11 tl"es adequately veeded. .
fertIlIzed and •• tered.
4. BARRIERS
Grantee may erect curbs. fences and 1and$capi~9 on Parcel J in
'order to define the prelDhes to be conveyed and Parcel--2. Grantor
shaH not detract from the park'lng and access'rights oJ the Grantee
or prevent~ h'nder-or interfere in any way witb the free flow and
passage of veMcular and pedestrian traffic and park-ing over, to,
from -and between Parcell and Parcel 2.
5. CHANGES TO COMMON AREAS
Grantor agrees' that -the park.ing spaces. access dr-ives and other
common areas located w1th'n 200 feet of Parcell shall not be changed'
OT ..rll()d,1f~e(wtthout Grantee's consent .... hlch consent shall not be .
un'r~asonably 'wHhheld or delayed. Grantee has reviewed and approv:?d
Grantor's plans for the completion of the common-area. which plans
have ahobeen .pproved by the City of Renton.· Grantee hereby
censents to the completion of constru~tion in accordance with those
pl.n,. -
6. RULES AND REGULATIONS
Grantor and"Grantee shall have the right to enacl reasonable'
r.ules concer.ning the conduct and operation of thi!" parking areas and
spac·es._ driveways.. and· other connon areas s Huated ali the1 r respect1ve
propertle,. Grantor shall requIre Its employees otthe employe., ()f
the other tenant' on Parcel 2 to not park on Parcell ot with! n 50
feet of Its bound.rles.
7. COMPLIANCE HITH LAHS AND REGULATIONS -INDEMNIFICATiON
Grantor·-an(f Grantee covenant· and agree, with :re-sp,_ct to their
ovn property. to comply vlth·.ll 1 •• ,. rules. regulations and re·
quI re""nls of a:n public authorities. and to lild .... 1fy. defend .nd
hold each other hal"llless_ against all claims. demands. loss., damage,
liabilities and expenses and all suits. actions and judgments (in-
cludIng but not 11.lted to co,t, and attorn.~·' fee,) ar','ng out of
or 1n ~f)y way relatl!'d-to Grantor's or Grantee's fa'flure to .aintaln
the1r respective properties tn a safe condition. Grantor and Grantee
'hall gIve prompt and tl .. ly notIce of any clal ... de or ,ult or ac-
tion commenced against the other party ~h1ch in any way would result
tn indemnification undp.r this Easement Grant.
8. MAINTENANCE EXPENSES
Except as provided in this paragraph for the storm sewer l1ne.
Grantor and Grantee further covenant and agree to pay the expense of
nalntalnlng and repairIng the parkIng. Ingre,s. egre" .nd other com-
oon are., ,Ituat.d on theIr re,pectlve parcels. IncludIng tho payment
7134J
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of all real estate taxes and assessments. subject only to the right
to defer payment \n a manner provided by law andlor in connection
wlth a bonafide contest of such tax Or as~essment. so long as the
rights of the other party shall not be jeopardized by the deferring
of payment. Grantee shall be responsible for 22.31 of the cost of
maintenance of the storm sewer 11ne and Grantor shall be responsible
for the remaining 77.71 of said expense.
9. DEFAULT
If there is a failure by either party to perfotm. fulfill or
observe any agreement contained within this Easement Grant~ to be .
performed. fulfilled or observed by It, cootlnulng for thirty (30)
d.ys or In situations Involving potentl.l danger to the health or
safety of ·persons In. on or about at subst.ntlal deterioration of
Parcell or Parcel 2 or any portion or any part thereof. in each case
after, written" nottce. the other party may. at its election. cure such
f.Hure or breach on behalf of the defaulting party. Any .mount
whfc:h the party-so elect-tng shall exper.d for such purpose, or which
shall otherwise be due by either party to the other. shall be paid to
the party to whom due On d .... nd •. without contest. upon delivery of
Its Invoice. toget~.rwlth ·Inhrest at the lo"er of (1) the r.t. of
ten percent. (lox.) per annul:. or (2) the max1mum-rate permisSible from
time to time under awllcable law. frem the date of the expenditure
or the date when It shall have become due to the date of payment i.
full. The provisions of this paragraph shall be in all respects sub-
ject and -subordinate to the lien of any mortgages or deeds of trust
at a.ny time OT from t1me to time on the land of the defaulting party
and the rights of the ~older or hoI does of any mortgages or deeds of
trust.
10. COVENANTS RUNNING HITH LAND
The rights contained within this Easement Grant shall run with
the land and tnure'to and be ·for the benefit of. the Grantor aritJ';/:--·~-.:·--:;'·'-:S~'·
Grantee. their succeSSOrs and assigns, and the tenants. sUb-te~ants.
licensees. conceSSionaires. mortgagees in possession. customers and
business i,n-vitees: of such ·persons.
1.1. HARRAIITY
Grantor warrants th.t he. has good f.e sl"!>l. title to Parte 1 ·1
subject to certain 'liens. 'encumbrances or restrictions of record, and
IS, unavare of. any defects In title not disclosed to Grant.e. Grantor
furtber warran~s that 1t is aOthorized to grant this easement, and
that the granting of this· easement Is not In vlol.tlon of any
agreellent o,r "restricti-on of· which grantor 1 s a'ware that has not been
previously dIsclosed to Grantee.
IZ. TERMI.NATION OF LIABI.LITY
. Nlleneyer a transfer of ownership of either parcel takes place
the transferor vII 1 not be liable for. breach of this agre.ment
occurring after a transfer except that Grantee s~al1 remal. lI.ble If
.1\ transfers Its Interest to. licensee or subsidiary corporation.
13. CONSTRUCTION
The rule of strict construction does not apply to this grant.
Tni! grant shall be gIven a reasonable constructfon so that the
Intention of the parties to convey a commercially usable right of
enjoyment to Grantor and Grantee is carried out.
14. HOTICE
Grantor's address is C/O, Michael J. Hensmah. 1517 Plaza Center
Building. 10900 HE Eighth Street. Bellevue. Hashlngton 98004 and
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Grantee's addres. Is One McDonald's Plaza. Oak Brook, IllInoIs 60521.
Attention: Director. Real Estate/Legal Department. Either party may
lodge wrl tten notIce of • change of addre .. wI th the other. All
notices shall be sent by cert\f1ed mail. return rece\pt requesteci. to
the a.ddresses provided for 1n this paragraph and shall be deemed given
when placed In the mall.
To ind1cate their consent to th1s Agreement. the Grantor or Grantee, or
theIr author,Ized officers or representatIves have sIgned tMs document',
GRANTOR: EXIT 7, INC. GrlANTEE: McDONALD'S CORPORATION
~t 7 '
ATTEST: "
HITNESS: HITNESS:
(ATTACH ACKHOHLEDGHENTS AND EXHIBITS A, B AND C)
PREPARED' BY AND RETURN TO:
Gerald J. Plnzlno
Real Esta,teLegal Depart_ent
McDONALO'S'CORPORATION
One McOOoald's Plaza
Oak Brook, 111 I nols 60521
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STATE OF ILLINOIS
COUNTY OF OuPAGE 55:
McDONALO' 5
(ACKNOWLEDrJMFNT)
I, June Machala • a Notary Publ fc fn and for the county and
state aforesa1d, 00 HEREBY CERTIFY that Seymour r,reenman 9 Vice-President. arid
Mfchael J. She, Assistant Secretary of Mcl'lonillrJ's COTporatio:l~ a [";:?1aware
corporatf9n. who, are personally known to me to b"e the same persons whose names
are subscribed to the foregoing instrument as, such V-ice-President and
Assistant Secretary, respectively, appeared 'before me this _day in person and
acknowledged-that they signed, sealed and delivered the said instnJll'tent as
their free and voluntary act as such Vice-President and Assistant Secretary.
respectively, alld as the free anff voluntary act of said corporation for the
uses and purposes therein set forth.
Given under my hand and notarial seal, this 25th day of J_a_n_u_ar-'Y ___ _
19 88 •
~ COIJIniSS,fon"expires 11-19-88 • ~ Oft1C1ALSEa '--'/'
-----------r ~ I14CHAl;,
NOUIT Rlll.iCSTAT! Of ILLI~OIS
I~nIVIDUAL) .... _.". IIOV. ",,, .. (ACKIJOWLEOGMENT
STATE OF (eM
COUNTY OF f>'j 55:, •
I, l"it"-z'_h t., ,1:~!')~ ....... ) , a N<;ltar,y Public ,in and for the county and
""ta~ore~l • {that Ilt!'t~gt"! .t ;l''-III)!\6/""'\.... and ~ \(~ ... -a-,L s"c..,,,tq.ifX ,-1; .... , Who (isH.re) p"r-
sonayknown to me to,i)e ~ Same pers n.s ose narne s (is)(are) sullsc.ribed
to the foregoing instrument appeared before me this day in person and acknowl-
edged that f he)(they) si,9!!ed~,:_s~,a_lerl ,md del ivered the said' instrument as
(h )(their) free and vtlYtln-tar§/,3"ct··'-f'o4,. -the uses and 'purposes therein set
forth. .
. '. Gfven under my hand and notarial seal, this {{l'-.. day of ;/1(1.,;1
19 :..tL. ""'!"!"--"-7eJf--
'lYcOIIJIIisslon. expires __ --'-_-'----
STATE OF
COUNTY OF
(ACKNOWLEDGMENT -CORPORATE)
55:
·/(J.;fteH
I, , a Nqj:arY,Publis.,ln and for the county and
state aforesaid. no R£RESY cERTIFY that I.,'c..h",~ '>"'trn. President,
and • Secre ry C t iII(n) -~~;;;;;;~~~c~o:rp~o~r~a:t1~o~n~,~Wh~o are personally known to me to be ·"'tlii'Persons
'Whose names are subscribed to the foregoing instrtnent as such President and
Secretary, respectively. appeared before ~ ~i$ day in person and acknowledged
that they signed, s.aled and del ivered the safd Instr ...... t as their fcee and
voluntary act as such Presfdent and Secretary. respectively, and as the free
and voluntary act of said corporation for the uses and purooses t ... ere1n set
forth.
Ghen under my hand 'and notarial seal. thts
19 __ •
'IY cOIIJIIfssfon expire, _______ _
I1cD-ACl< -GS-~:&5
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Notary PUblic
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PROPOSED lOT I
I EGAI DESCRIPTION
Th.t portion of Tr""ts 183 on.! 1964 of C.D. Hili ..... '. loke.W.shlngton
Garden of Eden Addition to the City of Ses"ttle, DI-y.lslon No.3, acco.-dlng
to the plot thereof recordod In Volume II of pf.ts,page 81, In King
County, Woshlngton, lying Eosterly, South.rly cnd We$tedl of Primary State
Highway No. I os condemned for h Igh •• y purposes by the Stote 01 Wash Ington
undor king County Suporlor Court Cous. No. 613100, Including that portion
of county roed .""eted by Ordlnenco No. 211101 the City 01 Renton.
More particularly described as follows.
COIt£NCIOO .t the Intersection 01 the South line of said Tract 184 and the
Eest .. orgln 01 .eld Primary Slet. Hlgh •• y No. 'I (SR-40SI;
THENCE South 88' ,45' 09" E.st 405.00 foot along the South line 01 sold
Treet. 18-4 .IId 10'1
lllElcE North ol'l~1 fit" Eo.t 191.54 fool,
lilENeE Norll. 08' ,'d9," West I3B.46 fool I
TlIENeE South'OI' 14' "," Hesl 52.21 f.el tu lho TllUE POINT OF BEGINNIt.G;
THENCE North 01' 14' 51" Eost 130.23 foetj
THENCE'''Soulh,'8B"'''45, 09" E.st 31.00 foel1
TllENCE North 01' 14' 51" E.st 106.71 feet 10. poInt ,01 cu .. eon the South
IIIOrgln 01 sold'PrlD1Dry Stat. HIOh.oy No. I, ..th. rodlu'polnt 01 whiCh boors
South 01' 19' 4Z" Hest 308.10 f •• I dl.lonlf
THEJCE Southwesterly IIrong the lire of D c-urve to the htf~ haying a. radius
01 308.10 foet through 0 ~entrol ong Ie of 13' 05' 34", and on are length.
10.40; leet olong sold Southerly morgln;
TIlEHCE South n' 33'52" West 108.01 feet, olong .old .... rgln to the Eo.t.rly
... rgln 01 sold Primary State Hlgh •• y No. I;
TIlENCE South 02' IZ' 32" Eest IIB.57 18etolong sold OIOrglnl
THENCE South 12' 23' 18" Hest 86.84 feet olong sold .... rglnto .. point thot
b.ors North 88' 45' 09" Hest from the TRUE POINT OF BEGINNlt.Il;
THENCE South 88' 4~' 09" Eost 151.79 f.et to the TRIJE POINT OF 8EGINNlt.Il.
Subject to ... _nto of record.
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z· .-, ,', EXHIBIT II t.l .; ..
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PROPOSED LOT 2
LEGA! PESCRIPTIDN
That portion of Tracts 183 .nd 1984 of C.O. HII Imon's L""eWeshlngton
Gordon of Eden Addition to the City of S~.ttl •• Division No.3, eccordlng
to the plat thereof recorded In Volume 11 o~ plets, pege 51. In KIn!!
Count.y, Washington, Iyl,ng Easterly, Southerly and Wes..-erly, of Primary St8te
Hlgh.DY'No. 1 as condettled-for h 'ghwsy purposes_ by the Stete of Wash 1ngton
unde,. King county S-aperloc Cour.! Couse No. 613780, IncJudlng thet portion
of county rood vaceted by Ordln.nce No. 2111 of the CIty of Renton.
Hore particularly d.scrlb"d, .... ·foll'O.sl
BEGINNING at the Int.rsectlon of the South line of saId Tract 184 and the
Eest .. ergln of said Prl..a..y stet. Hlgh.oy No. I (SR-4D5),
THEta South 88' 4" 09" Eest 405.00 f.et .Iong the South lin. of said
Treets 184 end 18J,
THEta North 01' 14' ,," Eut 191.54 f.et:
nlEta North 88' 4" 09" lIest 138.46 f.et:
THEta South 01' 14' ',"W.st 52.27 fe.t:
THEta'North 88' 4" 09" Ifest 151.79 feet toth. East margrn of sold
Pr hoary Stete Highway No.1 f
THENCE South 12' 23' 18" lIest $ •• 16 f •• t elo'ngsald margIn,
THENCE South 51' 42' 02" West 135.24 '.ot .Iong ... ld .... rgln to the POINT Of
BEGINNING. .
Subject to ... _nts 01 record.
EXHIBIT B
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PROPOSED LOT 3
L EGA! DE sml PI I ON
That port ron: of Tracts 163 lIInd 1984 01 C.D • .It1llmen"s Leke Wash Ington
Gorden of Eda. AddItIon to the CIty of Seattle, Olvl.lon No.3, accordIng
fo the plat thereof recorded In Volum. II of plots, page 81. In KIng
County, Wa.hl.gton, lyIng Eastorly, Southerly lind Wasterly of Prl ... r.y stet.
Hlghwoy No. I·e. condemned for hlgh.oy purpo ••• by the'Stote of Woshlngton
undor KIng County Suparlor Court C.us. No. 613780, IncludIng that portIon
of county road yacated by Ordlnonce No. 2111 of the CIty of. Ranton.
Mor. pertlculerly descr.lbed ItS foiloWSI
COMMENCING .t the IntersectIon of the South Ilna 01 s.ld·Tract IS4 .nd tho
E •• t .... rgln of •• ld PrImary St.ta HIghway No. 1 (SR-405l,
THEt.CE South. 88" 45' 09" Eest 405.00 f.at elong .the South nne of sold
Tracts 184 and 183 to the TRUE POINT OF BEGINNING;
THEt.CE North 01" 14' 51" E.st 191.54 fe.t,
.;Jl;lt.CE"/I!>r,tl!. 88" .,, 09" lIest 138.46 f •• t,
THENCE llorfli 0," I.' 51" East 77 .66 f •• t,
THEt.CE South 88" 45' 09" E •• t 31.00 f •• t,
THEt.CE North 01" 14' 51" Ee.t 106.71 f.at to e poInt of cury~ on the
SOtItherly .... rgln 01 .old Prl .... ry Slote HIghway No. I, the r.dlus poInt of
WhIch bears South 07" 19' 42" lIest 308.10 feet distant;
THEt.CE Southeasterlfalong. the .rc of 0 curve to the rIght hevlng • red llis
of 308.10 feet, through a central ongl. 01 13" 55' 29", and en are length
of 74.88 feet along .aldmergln;
THENCE South 67" 13' 46" Ea.t 87.71 f •• t along sold ... rgln to a poInt of
. cUnie, .the radIus poInt of whIch beors South }7" IS' II K ··We.t 318.IOleet
. dIstant,
1HENCE Southea.terly along s.ld m.rgl. along the ere of a curve to the
rIght h.vlng • r.dlu. 01 318.10 feet, through a central angle ~f 54" 25'
16" and an ere length of 302. 14 f •• t I
THENCE South.OI" .0' 27" 1I •• t 9.87 f •• t alonQ •• Id OIOrgln,
TllENCE South 29° 0" }." We.t 65.15 f •• t along .old IIOrgln to the South
Ilna 01 .ald Tract 183,
THENCE North 88° 45 1 09" West 147.49 foot along sold South line to the TRUE
POINT W BEGINNING.
SubJect to e ..... nt. of racord.
EXHIBIT 8 (tont.)
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EXHIBIT C I
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NON-D!STURBANCE AGREEMtNT
(EASEMENT -DEED OF TRUST)
THIS AGREEMENT, ~ated this 13th day of November, 1987 1s by and between
DeVERE'JERRY and AflGELlNA D. BURTENSHAW ("Beneficiary"), and McDONALD;;)
CORPORATION, a Delaware corporation ("Grantee").
PRELIMINARY STATEMENTS
A." The Grantee has executed or is about to execute an Easement Agreement
dated Noyemb~r 13, 1987, b'etween. Grantee and Exit 7, Inc. (the "Easement
Agreement") granting to the Grantee certain easement rishts in c-_'ld to the real
estate "described in Exhibit A (the "Premises"). A copy of the Easement Agree-
men~ is attached as' Exhibit 8.
B. The Beneficiary holds a Deed of Trust which encumbers the Premises or
a portion of the Premises. The Deed of Trust is dated January 13, ,19&7 t and
is recorded January 14, 1987 as D~cument No. 8701141236, in King County.
Washington.
c. the BenefidarY and the Granti:!i!: desire to establ!sh certain rights,
s~fe&uards and_obligations with regard to tbelr respective interests by means
of this Non-Disturbance ~&reement •
TERMS OF TIlE AGREEl'lENT
In consideration of One Dollar <il.OO) the mutual promises of the parties
and o~her good and·valuable consideration, the receipt and sufficiency of
which Is aCknowledged, the parties agree to the following:
1. The rights of the Grantee unaer the -Easement AgreetLent shall
not be affected .or disturbed by the_ Beneficiary in-the exercise of
any_ of i_ts rights under the Deed of Trus.t or the note .... h.ieb 1 t se-
cures. Further, the.Grantee shall not be named as a party defendant
i~ any fore~losure of the lien of the Deed of· Trust nor In any other
va~ be deprived of its rights under the Easement·Agreement.
'·2. If the BeneUcdary or any other person acquires title to the
Premia·es pUr8-oan·t to the-exercise of -any remedy p-rov.ided Cor in the
Deed of Trust 01'· by conveyance in lieu pC foreclosure._ the Easellent
Agree.ent shall not be terminated or affected by the forecloaure~
conveyance or sale In any such proceedina. The Beneficiary also cov-
enants that any saie by .it of the Premises a8 a result of the exercise
of any rights and remedies under the Deed of Trust, or otherwise.
shall be made subject to the Easement Agreement and the rights of the
Grantee under it.
l. The above provisions shall be s~lf-operative and effective
vithout the exeeution of any further instruments on the part of
either party.
4, Thia A&reemeut may not be modified other than by an a&re~-
ment in vrit1n& signed by the: partie!) Of by their respective SlOCC.!.B-
sora in interest.
e8/05/09
REeD F 17.00
.. 0532
CASHSL ......... 17 .. 00
11
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s. This Agreement shall run with. the land and inure ·to the ben-
efit of and be binding upon the parties and their 8ucceS80r3 ~nd &S-
al,ns.
To indicate their a&reement to the above, the par~les or their authori~ed
representatives or officers have signed this document.
WITNESS:
GRANTEE; McDONALD'S CORPORATION
/'
By: ~ '7~.,. -J{f
Vice Presiden,t
ATTEST: } . .', ~. . .
./·-r1t ('~" • -.' {-.( t,--• ' ... at: ' ) A.tat.nt Secretary' .. -.--
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(ATTACH ACKNOWLEDGMENTS OF SIGI'fAl'liRES AND EXHIBITS A AIm B).
Prepared by and Return to:
Gerald J.-PiJizblO
Real E,at.te Legal Departmen't
McDONALD·S· CORPORAtiON'
One McDonald',s Plaza
O&k Brook~ Il11nois_ 60521
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STATE OF ILLINOIS
COUHTY-OF DuPAG£ S5:
McDONAlD'S
(ACKNOIIlEDGM!:NT)
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I. .June Macllala • 4 tlotary Pub) Ie In and for the county and
state afor.sald. 00 HEREBY CERTIFY that Ge9r •• Sensor Vice-President, and
Mickael J. SIs". Assistant Secretary of McOon.l1', Corporation. a !lela" .. "
corporation, ..no are personally known to me to b. the •• ..., per!.ns ><h ••• "ames
are subscribed to the foregoIng Instrument .. such Vice-President and
Assistant Secretary. respectIvely. appeared be for. me this day In person and
.c~nowled9.d that they signed. suled and d.llvered the .ald Instrument as
thelrfre<! and Yoluntaryact as .uch Vice-President a.d Assistant Secretary,
respectl •• ly, and a5 the free and voluntary act of 'ald corporation for the
us., and purpos.s th~r.lnset forth.
Given under I1\Y hand and ROtarhl s •• l, this nth day of Dec_r
)9~.
111-cOllllllssfon ~.plre$ -.:.._1_1_-1--"-'-88=-___ _
(AO:HOWlEOGMENT JNOIVTDU ll' , ,\"~ :;i:~1i.oJrIUJ1-l0{S
-. A. --:_c,:]2.~'-"" I
STATE OF ilL.. _
CI}UNTY OF ,,; ~ d S5,
t. P1\cJ .. ~~~. a NRta y Puhllc In and
state "roNKai&: _ Y CER-r-that V.:z. l.r!!..-~rr-A~~ arnJiI'i¥--e..>" ... " y ...... to "" to be e same person s ose na"'" s (isH.re) subscribed
to e foregoing In.tr_nt appeared before me this day In person and acknowl-
edged that ( l!&J(they) signed, .",aled and delivered the said -Instrument .s
(h }(thefr) fre<! and voluntary act for the uses and purposes therein set
forth.. -,>'~~1t~·1..;<i·',).,~'~
19l?~v~n"'der my hand and notarial seal, thi; ~ day of ~'
-My commlssl00 expire, ----~~-c__-
STATE OF
COUtlTY OF
(AClCNOIIlEDGM£NT -CORPORATE)
ss:
I. Diii<:;r,r-1\1!'1II'IIr'll'f"n1lTmr:' • Jiotary PooH" In and for the county and state afor •• aid. [I() HEREBY tERIlFY that _. President.
and , Secre-tar"yof -,_.en) ==.-:=:::-=;:-_ corporation. Who ar-e personally known to me to be 'tf1e persons
whose n."". are subscribed to the foregoing Instr....",t as such President ".d
Secretary. respeethely. appeared before"" this day In person and acknowledged
that they sIgned •• ealed and del hered the saId Instr ..... t as thefr fre<! and
yo'l untary act as such Pye_sident and Secretary l respecthely. and as the free
and voluntary act of said corporation fot'" t.he uses-and purposes therein St~t
forth.
Give. under my hand and notarial s.al, this 19 __ •
My cOI!IIIlulon expires _________ -
McD-ACK-GS-9/35
72S1J
day of _____ _
lIO£ary PUblic
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POOI'OSED lOT I
.EGAI DESCRIPTION
That portion of Trects 18' end-t984 of C;O. H'IJI",an's leke.Washlngto.,
Getdon of Edon Addition to tho City of S.ottle, DivIsIon No, ' .. ""cordIng
tolhe· pl.t thereof reco,ded In Volu ... II of plots, p.ge.ol, In King
County, Wosh'lngfon, lyIng' Easterly, Soui hor Iy, and" Westerly of Prlmery State
Highway No. 1 as condePlf'led· for b,lghway purposes by the State: of Washington
undor King County Superior Court CDuse No. 613780,.-IncludIng thet portion
of' county" roed : VOC: IDted ~Y Ord-Inrlnco t-J Q • 2111 of the City of. Repton •.
More partlc~larly described ftS followsl
CQKEJ(;IIG .t the .Intersectlon of tho South lin. of sBld Troct 1&4 ond tho
E.st _gIn of •.• ldPrl ..... y Stoto Hlgh.oy no. I (SR-405l;
lliE/(;E South 88' 45' 09" Eost 405.00 l&Ot olong tho south Hno of said
Treeh 184 o"d loll .
lIEta NodhOI'.1.4' "". E.'t 191.54 fenl,
!lEla 1I0dl, lIB' ,'d9" W.st DB.45 fo.l,
lllEta. South 01' 14' ."" Wast 52.2"1 f ... t tu lho·TlllJE POlIll" OF BEGINNINGI
lliEta. North 01' .14'.51" Eo.t.1l0.23100tJ
mE/(;E South B8' 45' O!!'!. E~st '·1.00 '.01 J
THENCE North 01· 14. 51"', Eesf 106.71 {(Jet 10 II point 0' _curve on the South
IIIIrSI" of said PdlPOry·.5:ttifi'''H10hwtly No." t, the rudlus point of whh,h bears
. South 01-'9' 42" West 308.10· 10e1 ,I-h.-iallt •
. THE..:::E Southwester.iy, alOng the ;(lire of 0 curve to the left having a radius
of 308.-10 feet· through a contral 8ngl& of 13-0,1 ,.4" end en erc l.eng1'h
70.40, l.st along said Southerly margin; _ .
lliEta. South·U' 33' 52" west 108.01 foef along sold ..... gln to the Easterly
"""gIn of saId Prl ... ry Stete Hlgh •• y No. h . .
THEta. Soutb 02' 12' '2"£o5t I1B.57· loot along sold ... rglnl
nEt«:E Soutb 12-2}. 18" We_st 86.84 leet a_long sold. B?argln to II po_'nt that
b .... North .88' 45' 09" ·West from tho TRUE POINT OF BEGIIINltG;
lliElICE· SouthB8' 45' 09" East 151.79 fo.t to tho lRUE POINT OF BEGIHHltG.
Subject to eesements'o' r&cord •.
EXHIBIT A
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RECIPROCAL SHOPPING CENTER EASEMENT AGREEHENT
THIS EASEMENT GRANT. dated December 10,1987. Is between EXIT 7, IhC .• a
Hashington corporation (KGrantor") and HcDOHALO'S CORPORATION. a Dela~are
corporation (KGrantee M ). The ¥o11ow1ng statements are a material part of tbis
Easement Grant:
A. The Grantee 15 the Purchaser of it tract of ,land described as
Parcell on ExhIbIt A. attached.
B~ The Grantor. is the owner of a tra'Ct of land descrlbed as
Parcel Z on ExhlMt B., attached.
C. The Grantor wishes to grant and the Grante. wishes to re-
ceive. ease.ents over. unde-r and acrOH Parcel 2.
THEREFORE, I. consIderation of the covenants conhliled' In this Easelllent
Grant and other good and· val uab'l e consideration. receipt of wh1ch is acknowl-
edged.-the following grants. agreeli'lents. covenants "and re"strictions ar-e made:
1. EASEMENT'FORPARKIHG AND I~GRESS ANO EGRESS
Grantor grants and conveys to Grantee a perpetual, non-exclusive
easement for automobIle parkIng ar.d vehicular and pedestrIan Ingress
and egress, to and fraa Parcel 1~ appurtenant to Parcel 1$ over, upon
and acron the parking areas and spaces. dr1vevays and acces,s ways~
sidewalks and walkways. exits and entrances~ and 'other common areas~
as these areas· now exist on Parcel 2 as shown-on the plot plan at-
tached as Exhibit C. Grantor reserves. and' Grantee grants to Grant"r.
a perpetual~ non-exclusive easement. appurtenant to Parcel _2, for tne
use and benefit of-the Grantor and Grantor's tenants, successors and
,At~\9g,S,,"f9L the piJrpose of automobile andpedestrlan parking and
"fngress and egress oyer and upon the parking areas, acc,ess ways, en-
trances and exits that .. y frOlA tIme to tl •• be constructed. altered '
or IDOdlfled on Parcel I, •.
Z. 'EASEMENTS FOR UTILITIES
GrantOr also, grants and conveys to Grantee perpetua,l. non-
exclusive easements, apPlJrtenant to Parcel l~ for the purpose of in"""
stallIng. operating, maintainIng. repaIring. replacIng and rene .. lng
any and ,all utility Unes and related facilities. IncludIng surface
dr~tn~~e rlgbts. over. a~ve. along, under. fn and actoss Parcel 2
wherever these utIlity lInes may be located. , No trees. pennanent
buildIngs or other structures shall be placed In or allowed to en-
croach' upon the ease.ents, and no change of grade elevation or exca-
vation shall be .ad. upOn the easement area wlthout Grantee's prior
written approval. Grantor grants Grantee. its -successors 'and aSSigns,
the rIght to use. coupled with Its easement. the utllltlesand related
faclllttes. Grantor proalses to maIntaIn the utility llnes and .11
related fadlltles located on Parcel Z In good condition and repair.
3. EASEMENT FOR STORH SEHER LINE
Grantor also covenants to grant and convey to Grantee a non-
exclusive easl!IIent and Heense to tap into and use the stor. sewer
lines and related facilities located on Parcel Z for the purpose of
surface draining any and all surface water runoff from the Improve-
ment> whIch ... y. frOll tIme to tIme. be located on Parcell. In lieu
at tapping 'nto the storm sewer 11nes. Grantee aay. ~t tts opt10n$
surface drat" lts surface water runoff onto Parcel ~.
4. KAINTENANCE
Grantor and Grantee covenant and agree to maintain 1~ good con-
~1t'on and repa'r. or cause to be matotained and kept 10 repair. the
parking. driveways and other Common areas situated on thetr respec-
EXHIBIT B
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tlvt propertIes. The oblIgatIon of the Grantor and Grante. to maIn-
taIn, repaIr and keep In repaIr the parkIng, drIveways and other
common areas,shall. without limitIng the generality thereo~. intlude
the fo 11 owl ng:
A. Halntalnlng the surfaces at such grades and levels
that they .. y be used andenjoyod as contIguous and homo-
geneous COMaOR areas and, maintaining the surfaces in a
level. slllOOth and evenly-covered conditIon with the type of
surfacIng .. terlal originally In,talled or of similar qual-
Ity, use ,and durability; and
8. Removlng,al1.papers, debris, snow, Ice, filth and
refuse and thoroughly sweeping the areas to the extent rea-
sonably necessary to keep these areas 1n a neat. clean and
orderly -condH'on; and
C. Placing. keeping In repaIr, and replacIng any
necessary approprlatedl rectlona 1 sIgns, strIpIng marke ...
and lines: and operatIng, keepIng In repaIr and replacIng,
whe .. nec."ary, artificIal lightIng facilitIes a" shall be
nlsonably"requlred; and .
D. Halntalnlng any perimeter walls In good condItIon
and state of repair; and
E. Halntalnlng all landscaped areas, makIng such
replacements 0' shrubs and other landscaping as j5 neces-
sary, and keepIng these a.e .. at an tImes adequately
.eeded~ fertIlIzed and watered.
'5. BARMIERS
. :~-.<Wi; ~,"!"--.. -_ ·,"0 ......... ,;-.',
Grantee-may erect curbs. fences and landscap'ng on parcell in
order to defIne the premIses to be conveyed ond Parcel Z. Grantor
s~all not detract, fra. the parkIng and accessrlg~ts of the Grante.
or prevent, ~fnder or Interfere In any way with the free flow and
passage bf vehlc,ular and pedestrian traffic and parkIng over, to,
frOM and between Parcel I and'Parcel Z. '
6. PARKING RATID AND CHANGES TO COHHOH AREAS
Grantor agrees that tbe parkIng areas on Parcel Zshall contaIn
not less than flv. (5) parltlng spaces per 1.000 sqUare feet of l.'s~
able space and tbat the parkIng spaces, access drIves and other COllI-
mon areas located withIn 200 feet of Parcell shall not be changed or
modifIed wIthout Grante.'s consent.
7. RUUS I'oND REGULATIONS
Grantor and Grantee shall have the rIght to enact 'reasonable
rules concernIng the conduct and operatIon of the parklng areu and
spaces. drivewayl and other co.mon areas situated OR their respective
propertIes. Grantor shall not allow Its employees or the employ.es
of the other tenants on Parcel 2 'to park on Parcel 1 or ..,UMn 50
fe.t of Its boundarIes.
8. COMPLIANCE HlTH LAWS AND REGULATIONS -INDEHIIIFICATIOH
Grantor and Gr~ntee covenant and agr2e. with respe(t to their
own property. to cDllPly with all lavs. rules. regulattt.· ; and re-
quIrement. of all publIc authorities, and to IndemnIfy, defend and
hold eoch other hanoles. ogalnst all claIms. de .. nds, los •• dtmage,
lIabilItIes and expenses ond all suIts, actIons and judgment. (In-
cludIng but not limIted to costs and attorney's f.es) arIsIng out or
or 1n any yay related to Grantor's or Grantee's failure to ~1nta1n
theIr respectIve propertl.s In a safe conditIon. Grantor and Grantee
shall glv. prompt and timely notIce of any clol" mad. or suit or ac-
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tlon cc .. enced against the other party whIch In any way would result
1n tndecantncatton under thh Easement Grant.
g. MAINTENANCE EXPENSES
Grantor and Grantee fu~ther covenant and agree-to pay the ex-
pense of maintaining ,and repairing th~ parking. ingres,s. egress and
other common areas . situated un their respective parcels. including
the payment of all real estate taxes and assessments. subject only to
the r1ght to defer payment 1n a manner prov'ded by·law and lor 1n con-
nectton with a bonafide contest of such tax or assessment, so long as
the rIghts of the other party shall not be Jeopardized by the defer-
rl ng ofpa,..nt.
10. DEFAULT
If there Is a ·fallure by either party to perfo ..... ful fill cir
observe anyagree.ent contained v1thin this Easement Grant. to be
perfo ..... d •. fulfilledorobserved by It. continuing for thl.rty (30)
days or In situations Involving potenthl danger ·to the health or
safety of persons· tn. ·on or. about 01" substantial deterioration of
Patcel 1 or Parcel" 2 or any-portion or any part -thereof. in each case
after written notice. the other party may. at Its election. cure such
faIlure or breach.on behalf of the defaultIng party. Any amount
wMchthe party so electing shall expend for such purpose. or which
shall otherwise be due by either party to the other. shall be paid to
tbe party to whOlll due on d .... nd. without contest. upon ~ellvery of
Itslnvolte. together with Interest .t the lower of (1) the rate of
ten percent 001} per annuli •. or (2) the maximum rate permissible from
time to time under applicable law. from the date of the expenditure
or the date when It shall have become due to the date of payment In
full. The provIsions of thIs paragraph shall be In all respects sub-
ject and subordInate to the lien of any mortgage. or deeds of trust
at any tl .. or frOll th •• totlOle on the I.nd."f;:"t',-~ de.faultlng party
.nd the rights of the holder or holders of .ny oortgages or deeds of
trust.
II. COVENANTS RUNNING HITN LAND
The.rlghts contalned.'thln this E.se .. nt Grant shall run with
the ·1and and Inure to and be for the benefit of the Grantor and
Grantee. thelr successors-and asslgns~ and the_ tenants, SUb-tenants.
1 kensees.. tonces'sionaires. mortgagees in possessiOn. customers and
bustnes.s inv.1tees of such· persons.
I Z • COVENANTS OF nTLE AND QUI ET ENJOYHENT
Grantor warrants tha.t, he has good and 1-ndefeasible fee simple
title to P.r •• l Z. and Grantor warrants and will defend the title to
the easement premIses owned by Gr.ntcr and will IndemnIfy Grantee
agaInst any damage and expense which Grantee may suffer by re.son of
any lien. encumbrance. restrIction or defect In the tItle or descrlp~
tlon of the eas .. ent prealses.
13. LOT LIGHTS
Grantor agre.s that the lot lights located within 100 feet of
Parcell shall b. lIt durIng the mornIng and evenIng hours while the
Grantee's busIness Is open •• s natural light .vallablllty dictates.
Grantee shall have the rIght to approve any changes or alterations to
the lot lights lo<ated within 100 feet of Parcel 1.
14. TERMINATION OF LIABILITY
Whenever a tran~fer of ownership of either parcel takes place
the transferor wIll not be lIable for a breach of thIs agreement
Q:currlng .fter • transfer except that Grantee shall re,,'n lIable If
It transfers Its Interest to • licensee or subsIdIary corporation.
65B5J
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15. CONSTRUCTION
The rulo of strict constructIon does not apply to thh grant.
This grant <hall be ghen a reasonable constructIon so that the
IntentIon of the partl.s to convey a commercIally usable rIght of
enjoYRent to Grantor a~d Gran~ee is carried out ..
16. NOTICE
Grantor's address h cfa "Ichael J. Hens ... n, .SuHo 430,. 2200
Shth Avenue, Seattle, Hashlngton 98121 and Grantee's address hOn2
McDonald', Plaza, oak Brook, Illlnol, 60521, AttentIon: DIrector,
Real E,tateflegal Department. EHher party may lodge .... Ittennotlce
of. change. of address wIth the other. All notices shall be sent by
certIfied ... 11, return recelptrequesfed, to the addresses provIded
for In this paragraph and ,hall be deemed gIven when placed In the
mall.
To IndIcate theIr consent to this Agreement, the Grantor or Grantee, or
their -authorized officers or repr&sentattves ~ave signed this document.
GRANTOR: EXIT 7, INC. GRANTEE: McDONALD'S CORPORATION
By: ______________________ ~_ By:
ATTEST: ATTEST:
By: ________________ ~ ____ __ By:
AssIstant Secretary
HITNESS: HITNESS:
(ATTACH ACKNOHlEDGHENTS AHD EXHIBITS A, B AND C)
PREPARED BY AND RETURN TO:
Gerald J. Plnzlna
Real Est,to Legal Department
HcOONALD'S CORPORATION
One McDonald's Plaza
Oak Brook, IllInoIs 60521
6585J
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STATE OF ILLINOIS
COUNTY OF PuP AGE 55:
McDONALD' 5
(ACKNOWLEDGMENT)
[. June Hachala J a Notary Public in and for the county and
state aforesaid, 00 HEREBY CERTifY that Seymour r,reenman, Vice-President, and
Michael J~ Sis!. Assistant Secretary of McOonaltj's Corporation. 11 Oeiaware
corporation, who are personally known to me to be the same persons whose names
are subscribed to the foregoing inst.ument as Sllch-Vice-President ilftd
Assistant Secretary. respecthely" api>eared before me this (jay ·in per-scn and
acknowledged that they signed. seal.ed and delivered the said instrument as
their free and 'Iolun-tary 'let as such Vice-President and Assistant Secretary,
respec.tively. 'and as the free and voluntary act of said corpol""ation for the
useS and purposes th'erein-set forth.
Gfven under my hand and notarial sedl. this
19~,
IoIYcOlmlfssion expi"es -,._I_I_-_I9-_B8~~_~_
(ACKNOWLEDGMENT -INDIVIDUAL)
STATE OF
, COUNTY OF 55:
day of ~r
NOtary PUbl1c
June Machala
.,
I I • a tkltary Publ ic in and for the county and
state .foresald, DO HEREsy CER[·JfY that and =~==-
'of . who (isHarel per-
"s"on=-.<1lnl""'y'-''''n''o'''wn::-t .. o;-;;"",=-to be the· same person I s) \:those name { s) (i-s) (are) su~scribed
to the foregoing instrtmlent appeared before me thfs day in person and aCknowl-
edged that ( he)(they) signed, sealed and delivered thesald.·.instr .... nt as
(h )(theirLJr,~"~nd voluntary .act for the uses and purposes therein set forth, " ." ... . ..
Gfv.en under my ~and and no~rial seal, this 19 __ ,
I1Y commission explr •• __ --:~;,.---:-'-__
STATE OF
COUNTY OF
(ACKNOwLEOGMrNT -CORPORATE)
55:
day of
notary pUblic
I, -;;;:;;;;-rr.:r-.mrmmw"n1lT'mr:' a Notary Public in .nd for the county and
state aforesaid. flO HEREBY' CERtiFy that • Presfden.t.
and .. Secretary of , a (n) ::';;::;:;;;;;'~c~o~rp~o~r~.~tl~o,:n~,-ldi~o are personally known to me to be tne persons
whose nafJles are subscribed to the foregoing instrument as such President and
Secretary. respectively, appeared befOre me this day in, person and acknowledged
that thoy Signed. s.al.d and deHYered the said iostr ...... t as their free and
voluntary act a's such President and Secretary, respectfvely. and as the free
and voluntary act of said corporation fo,. the uses 3nd purposps therein set
forth,
Given W1der my hand and notarhi seal. this
19 __ ,
My co",,\ssion •• pires ________ _
l1et)-ACK -GS-9/35
7251J
:.:' ,'.
day of _____ _
fIOtary pilb l1e
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PROPQSED LOT I
t EliAt QeSCR'PTION
That portlOn-_of Tncts 18' enel 1984 of C.D. HH-IJltl!m's leke.W"shlngt,on
Garden of Eden AdditIon. to .the City of SeDttle-, Division No.3, accordIng
to the plat thereof recorded In Volumo II of plots, pego 81, In King
County, Washington, lying Easterly, Sou1herly ~nd Westerly of Primary Stat.
Hlgh.ey No. I .. con_ed for h Igh •• y purposos by the Stote of Wosh Ingtor.
uhdor King County Superlor Court COUSG Ho. 6U160 •. lncludlng thlllt p()J"tlon·
of c:ounty roed Yocated by Ordlnzmc& No. 2111 of .the City of Renton.
More particularly described '8S follows.
COMMENCING.t the Intorsectlon of tho South Iino of •• ldTrect 184 ond tha
Eo.t .... rgl .. 01 .old Pr I ... ry Stot. H Igh •• y No. I (SR-405),
THENCE South 88' 45' Og" East 405.00 foot ofong tho South line of said
lroch 184 olld lOll .
ll1E1ct Norl" 01'1 ' ~I' Eut 191.54 fool,
. llEI«;t Norlt. 68' ." d9" 1I •• t D8.~5 fo."
111ENeE South 01' 14' ". lIi1d 52.21 I •• t to lh. TflUE POINT Of. BEGINNING:
THENCE Nor.th 01' 14' ""Ee.t 130.23 fo.t,
THENCE South 88' 45' 09" .Eo.t 31.00 f •• t,
n£ta North 01· 14' 51" East 106.11 foet 10 e point of curve-9Q,tI~,~Iit~,,~~UT~._-,
"'oln of said Prl.ary state Hlghwoy No. I, the redllJs point of which bear.s.
SovthOl' 19' 42" Wost ~08.10 feel 1I101ollt, ~NCE Southwesterly along the Drc of D curve to the I.tt having 8 r&d Ius
of '08.10 fe.t through a cenire' (Ingle of U· 05' 34-end en arc I-ength
70.40, f .. t atong said Southerly Mer-gin:
THENCE South 1.)' 3" 52" lIest 108,01 f •• t elong .. Id ""rgln to. the Eosterly
Hrgln of .ald PrlM1 Stat.llIghway No. I, .
THENCE South02'.12' 2"· Eest 118.51 f •• t olOng sold margin,
THENCE South 12' 23' 18" We.t 86.84 feot olong sold margin tl! a point thet
bol!i"s North 88' 45' 09" .lIost from tho TRUE POINT ~ BEGINNING,
THENCE South 8B' 45'. 09" East 1".79 feot to tho TRUE POINT Of BEGINNING.
Subject to e8SeMnts 0' record.
EXHIBIT A
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PROPOSED LOT 2
lEGAl. ·.DfSCBIPlfOH
That portIon of TrDCts 1.83 and 1984 of C.O. Hlll~n's Lake" Washlngton
Garden of Eden Addttlon to the CUy of Seattle, Division No. " eccordlng
to the plat thereof recorded In Volume 11 ot plats, page 81, In King
County, Washington, lyIng Easterly, Southerly Dnd We51Grly of ,Primery State
Highway No. 1 1&,5 condemed tor hlgh'llay purposes by the stat. of. W!lshJngton
under King County Superior Court Cause No. 61,3780. Including that portion
of county road" 'tee.ted by Ordlnonce No. 211 t of the City of R~nton.
""re portloul.rly described os 10110"sI
eEGINNINGot the Intersection 01 the South line 01 sold Troct 184 o.d·C.the> •..
h.t ..... gl. 01 sold Prh.ory Stot. Hlgh.oy Ho. 1 (SR-405),
MICE-South 88· 4" 09" Eost 405.00 '.otolong ·tho So<:th lin. 01 sold.
Treet. 184 e.d 183,
THEICE North 01· \4 1 "" Eest 191.54 le.t,
TllEl«:E ·Hort.b 88· 45' 09" West 13S.46 I •• t,
THEICE South 01·. \4 ' 51" West 52.27 'eet,
lHE)(:E North 68~. -45-09" 'We5t-151.19 -feet .. to the. Eed IRBrg In of s&l~
Pr I_Y· Sto1. Hlgh •• y Ho. I, .
llIEHCE Soufh.12" 2)' IS" West 54.18 Ioet .Iong •• Id II>3r9'.'
.THENCE·South 51" 42' D2"West.135.24 , •• t along.sold .orgln to the POINT Of
eEGINNING. .
Subject to .esements of record.
EXHIBIT 8
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III
III
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PROPOSED LOT ~
lEGAl PF SCR I PI 10K
That portIon of Tntets 18J.-end 1984 of C.O, HIUNn's Lake Wa~hln9ton
Garden of Eden Addition to the City of Seattle, _Division No.3, DCcordlng
to the 'plat thereof recorded In V,)lurne 11.0f plats, pege 81, In king
COunty, WashIngton, lying Easterly, Sout~rly_ end ~e$t.rly of Primary State
Highway No. 1 as condemned for hlg~way purposes-by the Stat. of Washington
under Klog COunty Superior Court CDuse No. 613180, IncludIng that portion
of county roed neeted by Ordlnence No. 2.11 of the City of Renton.
Mora par.tlcularly described as foliowsl
COMMENCING at thl Intersection of the South Iina of said -Tract 184 and the
Ea.t .... rgln of said Prh""ry St.t. Hlgh.oy No. I (SR-405J.,
1/lE1CE South8S' .5' 09" E .. t 405.00 f •• t along tho South' lin. of s.ld
TrllCts 184 end 18~ to the TRUE POIIfT Of BEGIIINIIG,
THEICE.North 01' I.' 51". Eo.t 191.54 f •• t,
lHEICE North 88' ." 09" W •• t 1~8.46 f •• t,
THEICE North 0" I.' 'I" Eost 77.66 f •• t,
THEICE South 88· .,. 09" Eost ~I.OO f •• t,
THEICE North 01' 14' 'I" eo.t 106.71 f •• t to a point of curvo on the
South.rly .orgln of said Primary Stot. Highway No. I, the radius point of
which bears South 01' 19' 42" W.st 30B.10 feet distant,
THENCE Southeasterl, along the oro of 0 curve to tho right hovlngo radius
of-308.10 feet .. through a contrel engle of 1-3-55 1 29" .. and an arc length
of 74.88f .. t olong said IIOrgln)
THENCE South 61' 13' .6"' Eost 87.71 f •• t olong .ald IIOrgln to • point 01
curve, the rod Ius polnt.of which bear, South ~1' 15' II"Wo.t 318.10 f.et
dlstent,
THENCE Southeasterly along sold margin .long tho .rc of 0 curve to the
right hovlng a .edlu. of·'18.10 f •• t, through. o.ntrol onglo of 54° 25'
16" and on arc lengfh of 302.14 f •• t)
TI£ICE South 01' 40' 27" 1I •• t 9.87 f •• t olong $Old _gIn,
TIIEICE South 29' 0" 3." lIe.t 6'.15 feot along .old ... rgln to tho South
Iino of sold TrllCt 18~,
• 1/lENCE North 88· .5' 09" lIest 147.49 f •• t olong .old South line to the TRUE
POINT a: BEG111NIMl.
Subject to ea ..... nh of record.
EXHIBIT B (Cont.)
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(1)
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~~~~i:::::::~~~~~~~~~~~~~~~::::~' ~~~::~ . --. ",---~--~-==.~.~.~.
''''''~l--~C' -•
..
• 1'.tNt·';"!Io .,....,.~
e.oa_ r . • II~ • II~ UAf'S
" ....
I _ ._. -_.
EXHIBIT C
,
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10, 0
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c:'" "-~ \". , f';:
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88/05/09
~GD t:'
'::;RSHSL
TIllS INSTRUIIE/IT. mad", this ~ day of (I1!!tJ,.<' .
..,..,,r.oI-!6,.OO
11
198~; by and b~tw~en Exi~ 1" Inc., a washington corp~tion; hereinafter
called Grantor, and McDonalds corporation, a Delaware Corporation,
hereinafter called "Grantee".
WITNESSETH
That said Grantor(s), fo"r and in consideration of the
sum of $1'.00 (one Dollar and No/looths) paid by Grantee, and
other valuable' consideration do by these presents I grant,
bargain, sell, convey, and. warrant unto "the said Grantee, its ", '8
successorst,."a;nd ~ss.i9ns, an easement for a water line with .. ' _~ ,-·1
necessary appurtena'nces over, through, across .and upon the f': ~-~
following described property in King county, washington. more .-~ ::..:::., :::i:~::: ::S:::::S a::
l
::::: of Renton Short Plat ,011-81, ~ ~ ~ ~
recorded under Rece-ivinq '8802169005 King County, Washington, iii,? ~~..f.
being 5 feet on".each .side 'of the following described center line :"~.:~ ;:;: j
of an existing' water line: Commencing at the southwest corner Of~":';-=-) ,,.j
said Lot 2, being .the intersection of the North margin of NE 43rd: .... ',~:.:-.':
street and the Easterly JIlargin of Primary State HighWaY '1; [~;:; ~ ~
thence· South 88-45t-09~ East along said' ma:rg-in·of NE 43rd street ;t~~ui
409.49 feet to'. the t.rue· point· of beginning; thence North 01-14 t -
5.1" Eas.t 265·~.74 feat; thencF.!: North 88-45'-09" West 102.38 feet:·
thence. North 01-14'-51-East '7.21 feet to Point "A": thence
continuing .. North .01-14'-5'1" East 83.50 feet to Point "BII; thence.
continuing North 01-14'-51·· East 18.59 feet to a point on a curve
on the South margin of NE 44th Street, and the terminus thereot.
the radiuB point of which curve bears South 09'-07 '-17" West
308.10 teet.
TOGETHER WITH:
. Be.9'inning at point "Ati: thence North 88-45' -09" .West 35.00 f.eet.
Beginning at Point ~B·: thence North 88-45'-09" West 32.22 feet.
Said heretofore mentioned Grantee, its successors or
assigns, shall have the right, without prior notice or proceeding
at law, at such times as may be necessary to enter upon said
above described property tor the purpose of maintaining,
repairing, or reconstructing said water line wit:.out incurring
any legal obligations or liability therefore, pru~ided, t~at such
maintaining, repairing, or reconstruction of said water line
shall be accompl.1shed 1n such a manner that the private
improve_ents existing 1n the right(s)-ot-way shall not be
disturbed or daMaged, they will bo replaced in as good a
condiLion aB they were immediately betore the property was
entered upon by the Grantee.
-1-
EXCISE TAX NOT REQUIRED
KIng Co. Recorda ~
By'--i -d~'*11 Deputy
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The Grantor shall fully use, and enjoy _the aforedesc~ibed
preml'ses,' including the ~iqht to retain the right .to use the
surface of said right-of",way if such use does .not interfere with
installation and maintenance of the water line. However~ the
Grantor ,shall not erect buildings or structures over, under or
across the. right-of~way during the existence of such easement .
This eas.ement, shall be a' covenant running with the land and
'shall tie binding on the Grantor, its successors, heirs and
assigns. Grantor covenants that it is the lawful owner of
~he above 'property and that they haVe a good and lawful right
to execute this aqreement.
Wensman
STATE OF·WASHINGTON
COUNTY.OP KING
5S
On .thls -'i.Lk d.ay of ;/1,. I' t98S b.etore, me, the
undersigned" a Notary Public in.-and for the state of Washington,
duly c,ommfssioned and sworn pe'isonally appeared Michael 3. .
Wensman-to lie known'to be the President, respectively, of Exit 7,
Inc.,_ the corporation tbat executed the foregoing instrume'nt, and
acknowledged the. said instrument to be the f.ree and voluntary act
and deed of said corporation, for the uses and purposes the~ein
mentioned, and on oath stated that-he authorized to execute the
said"'instrUment and that the seal affixed is the corporate seal·
of said corporation.
~TNEsS ay hand and official seal hereto· affixed the day and
year in this certificate above written.
UTBAS.WAT/200
-2-
I
jo~~t/; ,I u"L/V:'-J
Wot;ary . ltc'; r 1 and for the
state ot~ Bshington
My Commis ion Expires: ; ),; (11.
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PUGET
POWER
EASEMENT FOR Ul\:OERGROUl\:O ELECTRIC SYSTEM ORIGINAL
For and in consideration of One :JOllar ($1 .... ')) and other valuable
consideration, the receipt of which is hereby acknowledged,
EXIT 7. INC •• a -Wa.shington _c.£rp~..!"_i!..tJ_on al1.c!.l1£.tXlnC'.ld I S Cor.EQ..;E_t.19_~_~.pelaware
corporatiQU., as the.iL t..n:t_e~e~_t~do app~ar
rCrilnlC1f" hcrcinJ. ~.,nI5. con\·r.~-,; , .. ,d w"tr"nL~ In PIlr.r.r SotlNO rOWER It I.IGln cm .. 'PANY. n Wa~hinllinn cor-
poH'lion I"Gf~nlr.c·· hr.l-r.in). for the j1urposl~1\ hf'rr.inilflr.r ~r.1 (or.h " pl1rpr.lllni t!85cmr.nt under. acrlJA.' Rno ovnr rhe for·
10 ..... ;nll dl'i$r:rihr.rl r~al properly (Ihr. "PropNIY" hCfC!inl -----K.ing.. County. Wilshinf/.!on.
~lat portion of Tracts 193 and 184 of C. D. Hillman's take Washington
Garden of Eden Addition t~ the City of Seattle. Division No.3, according
to the Plat recorded in Volume 11 of Plats, Page B1, in King County,
washinqton, lying Easterly, Southerly, and Westerly of Primary State
Hi9hway No. I, as condemned for highway purposes by the State of Washin9ton
ir. King County Superior Court Cause No. 613780 in~luding that portion of
county Road vacated by Ordinance No. 2111 of the City of Renton.
Also known as Lots 1,2, , 3 of City of Renton Short Plat N~A Qll-al.
d · i ~1=·W, ... .l.... "IJ';:'~O -recorded undn reeor 1.n9 No. ~802169005; be 09 a portion 'D:t REc.ifo~theast. 00
quarter of SectiOn 29, Town<;h~p 24 NOrth, p.anqe 5 East, W.M·Cl=ISHSL >I<:it>k*6.00
11
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Excepl fI! may he otherwise ~(~I rorlh herein Gr<:.nlr.r.·~ ri,l:ht~ 5hall he eXf'rcilled uron Ihat pnf,tion or Ihe Prorerty Ilhe' "Ri~ht· ~:~
(lr WIIY-herelnl d..:ScriheO as follm .. -s: ~ is
/r!'io/>i'?WW hllN. ,;,,,'/////-1,,.), "'~'i'Jr"''1''HHf//;' "////1/ ;"W N97),i4'~ fP !1'fr<#fl I'R""'!' ;5 ~
)wfft,.i'}";I;rI0Pffl' I!! ~
f-'"
That portion of the above described parcel being the South 12.00 feet of
the East 335.00 feet. TOGETHER WITH five (S) feet on each side of the
following described center line of an existinq power line: Commencing
at the Southwest corner of £aid parcel, being the intersection of the
North margin of N.E. 43rd Street and the Easterly mar9in of Primary
State High .... ay No. I. thence South 89 0 45'09" East along said margin of
N.E. 43rd Street 434.'>0 feet; thence North 01°14'51" East 5.80 feet
£8
~.~
>--""
to the TRUE: POINT OF BEGlNNING; thence North 10°32'32" West 116.25 feet:
thence North 52°2"1'58" West 43.78 feet.: thence North 85"46'13" West
128.83 feet to the terminus thereof.
t. Purpose. Cranlee shall have ,he tiF:hr to construc1. operate. malnlain. repair. replace and enlar~e an underground eleC1rir;
lr31"1smission al'd/or dislrihulion system upon and unde~ ';'r. RI8hr·of.Way IOElether with all necessary or convenuml ap-
nurt(!1lilner.s therefor, which may include but are no! Iimiled 10 Ihe fbllo\o\in~: tmdl!'rElround conduits, cables, communication
Iimls: \'aults, manholf!s. switches, find lransformers: and semi. burled or ground mounted faeililic$', FoHowinEl the iniliill cort-
$lruClion or ilS ri'lcillli~s. Granlee may from tim!' 10 lime construct such additional facilllies 8$ iI rna)' require,
2. Access. Grantee shail niwc the riJlhl of aCCC5~ 10 the RiElht·of·Way over and across the pfOflcrl),to cnable Granle!! 10 exer·
cilir ils riflh~! hereunder. rroviclen. thi\! Grantce' shil1\ compensatc Granlor fnr any d3mlt~e 10 Ihe Properl~' caused b),the excr·
ci5e of $o1it! ri,::hI of ilCCC~S,
,. Obslnlcllom; Lantl~caplnJ. Glanlef! m1ty from time 10 lime remove Irees. bushes, or !'Iher obslructi(lns within the RI~h'.
of.War and mi1~' 1I'!\',,1 and pade Ihi'! Ri,li!ht.o!·Wa)'IO Iht' ~xtl'!nl reasonahl~' nllcessary 10 carr}' oulth!!' purposes set forth in
pRrl'lRraph 1 hcrcmr. prO\'ided, that follo\\;n,l: any such work, Granlee shall. to Ihe extenl reasonably practicahle. restore the
Ri"ht..or.\'\'ay 10 the C'.ondition It .... '85 immediate),\' rrior to such work. FollowinS the Installation or Grantee's undctRfOund
(DcilHles. Grantor may u"der~ake any ordinary impro\'ements to the landsC8plnsof the Rlght-oI~Way. ptO\-Ided Ihat no Itees or
other pl;'l"t~ !haJl be placed Ihereon which would hI"! unreasonabl~' expcnsh'e or Impraclical for Cranlee 10 remo .... e and
restore.
<4. Grantor'. Vie of Rlghl-of·Way. Grantor reserves Ihl"! ;i"hl to lise the Right-<l(·Way ror an)' purpose notlnconsiJlent with
the rip:h1s herein "ranled. prOvided: thai Grantor shall nol construci or mainlain any building or other structure on the RiRht.
of.Wa~' which wouH Interfere with Ihe exercise of the righls herein granled; Ihal no digging, tunneling or olher form of con-
.. Irucllon activity shall bo done on the PrOrerl)' which ..... ould dlslurb the comraclion or unearlh Cranlee'. facilities on the
~!Elhl-<lr.Way. or endAn~er the lateta) support 10 ~aid fAcI!itie~: !tnd Ihat no hlaSlin$lshall be dllne within 15 feel of the Ri,hl-of.
,\ .. .\".
5. Indemnity. Ely acceptll18 and recording Ihl5 easement, Crantee agraea 10 indemnir), and hold harmless Crantor rrom any
and all cilim. for Injuries and/or dama.8e' .uf[ered by an)' person which maybe c&u.ed by the Granlee'. elterd.e of lhe rights
horeln JT.nted: provided, thai Granlee shall not be responsible 10 Grantor for any Inlurl&! andlor darnagol 10 any person
caused by 1&:14 or omlulons of Grantor,
.. Abandonment. The rights herein granted shall continue until SUCh [I me II!! Cranlee ceases 10 use Ihe RlJlht-<lt.Way for a
period or five 151.ucr:eSllI .... e yean. in wt.i.:;h evenllhis casement shallierminale lind all rlghls hereunder shall rllvert 10 Gran·
lor. provided thsl no abandonment .hall be deemed to have occurred b~' reason of Granlee's failure to Inlllall)' instalills
facUlile. on the Right-of.Way within /lny pr.riod or time from Ihe date hereof.
'I, Suecetlon and A ... I,"I, The righls Dnd obli~afions o! Ihc rartles shall inure 10 the heneflt of Bnd be blndin, upon their
respl!'Ctivt. JUccr.ssors finn assiJl'ns.
FILED FGR !::ECORD AT REQUEST IJ1i;
R 2578 KJ -j\COOl 8709289 234-116 PUGET r-eIEH
REAL ESTATE llEP"RH1Er;T
P.O. BOX 97034 ATl'ICN'l'ION, 8COT'l' JACOBS
BELLEVUE, WASHINGTON 98009·9734
f
f
J
!
June 88 .,,--
GRANTOR
...fxit Inc •• e Washindton Oprporat10D
STATE OF WASHINGTON )
SS
COUI'I.7YOF 1
On Ihi' da)' personllily IIfJlh:Clrfld u~ilJro: me
B ,
to me Known Ie be the individual __ described in and who executed the within
_____ .lgned the same a5 ____ free anJ volunlary act and deed for
GiVt;N uncer my nana aniJ oliletal seal this ___ day of
ILl.INCIS
STATEOf'U< (] IlIHill'811 )
SS
COllNn" OF DuPAGE I
Notary Put,lic in an.,] for the State of
residing 8t
"
Cn this dll~' pcnonally appf!An'!d ~rote me Seymour Greenman. Vice President and Michael J. She. *
to mt' known 10 be Ihl! indh'idual ..s..-described in and who executed the within and foregoing Instrument. ahd ar.knowledged Ihat
they sijl'ned the same as thp1 r free and voluntary act and deed for the uses and pur~e, therein menliC"lncrl.
CIVEN under mr hand and orficial leal this ~ diO)' of v---JuT,V; L!." . 19 ~ ..
·Assistant Secretary r± ( A I ; /.)/ ,l( ~ 'I f{ -j
Notary PUblie In and for the State of '~'~'a:'''~;~'~8i~·";.~. ~IIiiliill-l~n~o~l~s~-
STATEOFWt\SHINGTON I
ss
OQu>m'or I
On this day personally appeared berore m~
r~si!;;'I.!'! u: Oi'lk .. B.r.o.ok.. _lllU101S ____ .. _____ ~ __
to me known I;) be the individual __ described in and who executed the within and foregoin.g instrument. and ackr.owlr.dged thai
_____ .i!l'ned the same as _____ free and voluntary act and deeJ for the use. and purposes therein mentioned.
GJvEN under mr hand and oHicial sealiltis ____ day of
STATE OF WASHINGTON
Nolary Public in and for the Slale of Washington.
rcsidinR at
.19 ___ .
CORPORATE ACKNOWLEDGMENT
COUNTY OF
, 19 ~, before me. the un,d",~~~~,i,,,."~II~:~'PP~~I~
.nd~~~~ .nd
-C-__ ---__ ---~Ih.
,nd acknowledged the /liid Inltrument tQ be the hee and volunta!,), aeland deed or 'aid
mentioned. and on oath ataled that .be· \4) a...c,. _. authorized to execute
leal.mxed I, the corporate leal or .aid corpora!i;;;,
WilneJl my hand and oUida] .eal herelo affixed the day
MY COMMISSION EXPIRES ~~lFr''''\-\LJT'-I~'!;~!J'-----
1
1
j
FILEO FOR RECORD AT REQUESt iii
UTIlITIES II
EASEMENT
1m[ WI.HIIT tmII
IOO8II.,U as.
lIIIlUIUYUo.
ROOnH. II !181155
,HIS INSTRUMENT, made this....11JJ..... day of {tJ.-,h
by and between IEKit 7) r n ,", and __________ _
_________________________ .nd -----------~a~~oo.7,,~~~_~/~~~------
________________________ and ----------.,.i.=,,~"'-';;, "";-' __ ,,,--,>1"1:;.
':P~5l "'.ot ... ~.;.. 00 _________________ and _________________ ,i ~5
Ilereinafter called "brantor(s)", and the CITY OF RENTON, a Municipal
Corporation of King County, Washington, hereinafter called "Grantee"'.
WITNESSETH.
That said Grantor(s), for and in consideration of the sum of
$ 1.00
pa y ran .ee, an at er va ua ~ cons derat on 0 by t se presents,
grant, bargain, sell, convey, and warrant unto the-said Grantee, its
successors and assigns, tin easement for pub lie uti litfes pneluding water
and sewer-) with ne:cessoilry appurtenancp.s over, t.hrough, across and upan the
following described property in King County, WashingtOll, mo:'e part.icularly
described as follows:
ill .. ",-<
:o:::i!:!
WAT.EI( EASEHLNT ~::~:i
"-' '" Thac: pprtioD of rUCta 183 and 184 or C.D. K1l1.an r s Lake W4'biJlit~Jf.":t-
Gardelll of e:41:1'» Add.lt.!oll to the City of Seattle) Dlvi!llion No • .l, .... ~:
dC4;ord1ng to the pltlt. ehU'eof recordt:d in Volune Jl of plats. p.IIge· .. 81~
in lUll, Count.,., WaehUgtoll, 'lyIng Eil.terly, SUULhc['l,. ",nd Westerly of';
rr1lDar,. se.to Highway tlo. J a. c:ondl!lIIut:d lor hlghlrl'a}' 'purposes by C.b~"
St.t.e ,.,,1 Vqh.1n,toD Ullde:r K1cg CO\Int:r Superior Court C.,\tGe tII'uabel'
613780, heludbg thAlt portion or c:oUQt1 road vacated bJ' OrdiuDnCIl
No. 2Ul of r.he Cttl of lentoD; JaOre ponlcul!!.rl)' kDowa aG Lots 1, 2:
aDd 3 of Cit), of Rellto. Sho["t plat ND. OU-Bl. Reeo['ded uodet' Aud:ll.or"'s
£j~e ",. 8802169005, Reeo['da of ~1Dg County. Wa'h1n,r;on~
l''''t portJOIlI r)! the. ahove dc.c.rt.belf pncd being .s leel: 011 c::och
aid. of the lolloving dcecrlbitd cen.ter HAl! ol el\ e:Jthtins liner
1lno: CII)8JIN:IJciDg .at ehe Southveat corn~r of aaid p:t.t'cel, bRiag
tho: intersection of the ~nb Ddrgin ~f N • .Er 4Jrd Street lind ~he
.!a.ter17 lIal'8;1,o of Pr:l.Ul SUit. HtShlilly N[)~ 1 i thanco
SOlJth 88-.. 5"'-0'9" Eaat .lons .. :td _rglo of N.E. -4Jt4 Succt 409.49
teet to thlt trua poiDe 'Of be.1na1DBj tbcoce Nortb OJ-14 "_51" Eut
19~OO het to. poiDt 'A,'; thetne. c:ootiDl.llng Nort.b Ol-J4"'-SJ" EEiat
246 .. 74 feet: thenee H'ut'lh 88-45"_09" Neat 102.38 feet; thetroce
Hor~h_ 01 ... 14"'-.51" ~.,t 7.21 feU tOo POoht '"'8"'; t.lIence eOnUDU!bg
Nortb 01-14 .... -)1· Eaot 83 • .s~ het: to Point .. C~; t.hctnca eODtlouins
No'C'tll Ot-U'-.U'I B.a, 18." leet to n point on 4 cu't've on tbe South
wargle of H. £. 44tt Street, DDd thr terblnu~ th~reof, ch~ rad!UG
point 01 which cut:"vl:' bEars South 09-0"~J711 Weo[ 308.10 feet..
TOCUIlEll IIltJI,
Beglnnln, at Potnl ~A~
'eginn1ns at PD~nt #8#
DeginllJb! at Po1nt rCr
theft'. Norell al:l-4'''-09'' West 40.00 hee.
lhttac~ North 3S-oCiY -09" 1.'21& t 3.5.00 feet.
thence: Horth eB-4.5"-09" \oIC8t )Z.22 feet.
Page 1 of Z
#&,/-gg-13
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Said heretofore JIeI1tioned 9rante~, its Successors or assigns. shall have
the right. wfthout prfor notice or proceeding at Jail, ~t such t~tri.tS is may be
nece-ssary to enter upon safd above described property for the purpose of construct ..
jng. maintaining. repairing. alterfng or reconstructing said utilities. or lIaki"9
any connections therevith. without incurrfng any legal obligations or liability '.
therefore. provided. thit such eonstrlJction, mainta.ining. repd.irfng. altering or
f,econstructlon of said utilities shall be accomp1fshed in such II rnannRr trtat t.he
prhate improv.-,ts •• Isting in the right(s)-of-way shall not b. dhturbed or
damaged, they win be replaced in as good a condition as the)" were ilJlDediately
before the property was entered upon by the Grantee.
The Grantor shall fully use and enjoy th~aforedescribed premises, including
the right to retain the right to use the surface of sa1d right-of-way if such u~e
does not interfere with installation and maint~nance of the utilities. However.
the grantor shall nDt erect buHdings 01" structur@s ayel", under or across the
right-of-way during the exfstence of such uti] Hies.
This eaSMent. sh.lU be a covenant running with the land and shan be binding
Qn the Gratltor. his successors. hefrs and assigns.. Grantors covenant that they
are the lawful owrKrrs of the above propertl,gs and at they have a good and lawful
rfght to execute this agretllleflt. C, "t. ~ J:"QL. ______________________ ~.n~~~~T=~======~----
_________________________ .ndf7~ ____________________ _
________________________ -"and ________________________ _
__________________________ ~and ________________________ ___
CORPORATE fORI!:
STATE Of
COIJIITY Of
ss
On this . d.yof ?-%<"c..I.!. J9~.fore ~ •• the undersigned.
a Notary Pubhc n an for the~e of fVt.-_. duly conmfssioned and swom
personally appeared P\tUua.c.t ..:f(\(]¢.o.o.5-_ .... '" and
to me kno:om tOo be the ~re .... le=ctt dnd • respectively,
of €"j(f.f: ~L.K. the corperlltfon that executed the fore-
going fnst t. and ddnowledged tile said instrument to be tllC' free and vDluntary
act and deed of said cor ration, for tile uSes and purposes therefn mentioned, ar.d
on oath stated that L dllthorized to execute the said ih·~tnJment and th.1t
ttJe seal affixed is t e corporate seal of said corporation.
WInlESS III)' hand and official seal herHo aHixed the day and yedr in this
certificate above wrttten.
Comment: Branch :GOK,User :BLOE .~
)
<=> = <:>
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WHEN RBCORDED RETURN TO
MICHAEL DROSS, ESQ
ROSS WILLIAMSON LOITZ PLLC
700 5TH AVENUE, SUITE 2750
SEATTLE, WA 98104
@ CHICAGO TITLE INSURANCE COMPANY
i 1,,\
1 DECLARATION OF EASEMENTS Ordor Number
2
1
I
REFERENCE NUMBER(.) OF DOCUMENT ASSIGNED OR RELEASED
000553836
CI Adc;\l.tl.onal reference numbers on page __ of document
GRANTOR!8~ • --~ ee(f;l 1 EXIT 7, INC C\\\t"'(\I}W~!}" It-:Y 2
1 Rtf' '"tl'b 1\ 1""1'"
CJ Add1 tl.onal names on page ___ 0£ document
GRANTEE 'sl :
1 EXIT 7, INC
2
J
CJ Addl.tl.onal names on page __ of document.
.i\,l!BRl!!lAUl! LIGAL l!~~~BI£IloHI
lot-UOJl 3 Block Volume Page
SectJoo Township Range PortKin
Plat Name RENTON SHORT PLAT 011-97 (118802169005)
CJ Complete legal deserl.pt1.on l.S on page __ of document
ASSBSSOR'S PROPBRTY TAX PARCEL ACCOUNT ~(B):
334330-1141-02 ..
Addl.t1.onal Tax Accounts are on page __ of doCument
NOla ThIS cover sheet 18 prepared to conform to the requuements of Chapter 143. Laws of 1996
N01Iw1g on thiS sheel ah ... the names, legal dascnphon or ether Informat.,n In the attached dorument
The only purpose of thiS cover sheet IS to assist the aulAor on ind.Xlng the document In
conformance WAh staM. .
The Recorder WI. rely on the Informallon Jrovlded on thl8 form The staff woN not reed the document
to v."tv Ihe accuracy or completeness the Indexing InfolmatlOn provided hereon 'ov. ,
Station Id :BWOF
IUNG,WA Page 1 of 11 Printed on 8/1112006 4:31:18 PM
Document: EAS 200<>-0512000595
Branch :ooK,User :BLOE Comment:
o.n
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o.n
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Ailer Recordlllg. please relum tv
MIChael DRoss
Ross W'IIam."" Lootz PlLC
700 5" Avenue. SUlle 2750
SeatUe, Washington 98104
DOCUMENT TITLE
REFERENCE NUMBER(S) OF
RELATED DOCUMENTS
GRANTORIBORROWER
DECLARATION OF EASEMENTS
EXIT7,INC
GRANTEEIASSIGNEEJ8ENEFIC/ARY INONE)
LEGAL DESCRIPTION SEE EXHIBITS A AND B HERETO
ASSESSOR'S PARCEL NO(S).
DECLARATION OF EASEMENTS
THIS DECLARATION OF EASEMENTS (Ihls "Declarabon") IS dated !he.?/' otay 0( April,
2000. by EXIT 7. INC, a WashO'lgton corporahon ("Declaranr). whose address IS 1500 114~ Avenue SE,
Surte 105. Bellevue Washington 98004-6922
RECITALS
WHEREAS Dec/arenllS the owner 0( that certain properly descnbed as Lois 2 and 3, Cdy of Renton
$hort Pial Number 011087 recorded under recordlllg number 8802169005, III KIJ19 Coun1y, Washl!lgtvn
(IndIVidually. "LoI2" and "Lol3" Of a "Lot" and collectively !he "Lots-), and
WHEREAS Declarant Inlends 10 spirt Lol3 ood create two separalefee parcels to be generally known
as the "Northern PorIJoo of Lo13" (legally described on Exhlbrt A herelo) and the "Soulhem PorIJOn of lot 3-
(legally described on Exhltllt B hereto). and
WHEREAS Declarent desires to establish a permanenl reciprocal aCC888 easement for !he bene'" 0(
Lot 2, !he Northern Porbon of Lo1 3 and !he Sou!hem PorIJon of Lot 3, and
WHEREAS Declarant deSires to estabhsha permanent recIprOCal parlang easement for Ihe benefJt 0(
Lot 2, the Northern Portion 0( Lot 3 and the Sou!hem Por\IOn of Lot 3, and
NOW THEREFORE, Declarant hereby dec/ares thai Lo1 2, the Southem Portion of Lot 3 and !he
Northern PortIOn of Lot 3 shall be held, transferred, sofd, convey<Id, encumbered, leased, and OCCUPied
subject to !he covenants, corIdrtlOns, easements, nghts and restnctrons heremafter set forth
DECLARATION
1 DEFINITIONS
1 1 AccessiParklng Easemenl "Access/Parl<109 Easemenr IS defined In Seebo" 4 1
1
Station Id :BWOl
KlNG,WA Page 2 of 11 Printed on 811112006 4:31: 19 PM
Document: EAS 2000.0512000595
Branch :GOK,User :BLOE Comment:
1 2 AccessJPaJiong Easement Properly "AccessJPark"g Easement Property" shaN
mean the areas outside of the building footprints and landscaped areas on the Norlhern Portion of Lot 3. the
Southern PortIOn 01 lot 3. and lot 21ha1 are access _s. sidewalks. walkways. vehICUlar exrts and entrances
and other paved areas constructed for vehICUlar parlmg and/or access or for pedestnan access
1 3 AccessIParklng Improvements • AccessIParIang Improvements" shall mean any
paving, curb. gutter. SIdewalk and related Improvements constructed on the AccessIParl<lng Easement
Property
1 4 DeslOnated Users The "Desogoa1ed Users" of an OWner shall mean any person or
party. IncludIng. without " .. "'tabon. the tenants, agents. employees. locensees and IIlvrtees of an Owner of a
lot thaI IS benefrted by the Access/ParkIng Easemerrt
1 5 OWner oc Owners "Owner" shall mean the persons or partoes compnSlng the fee 1ItIe
owner of the Northern Portoon of Lot 3. the Southern Portoon of lot 3 or lot 2 "OWners" shall mean one or
..., more of the Owners
en
.n = 1 6 Plat "Plat" shall mean the ptat totted City of Renton Short Plat Number 011067
:;; recorded under recordIng nurmer 8802169005. as recocded In the real property records ofKng County. State
<" of WashIngton
U"')
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2 DEClARATION OF EASEMENTS
<:> DBclaran~ for Itself, end Its successors and assIgns. hereby declares that the Northern Portion of lot
o 3. the Southern PorIIon 01 lot 3. and lot 2 shall. from and after the date hereof. be owned. held. transferred.
:=;:: conveyed. sold. leased, rented, hypothetocaled. encumbered. used. occupoed. maIntaIned. altered and
mproved subject to the easemenls. covenants. condobons and restnctlons set forth m tillS Dadarabon The
proVISIOns of thIS DeclaratIOn are II1tended to and .hall n.n wrth the land and shall btnd. be charged upon. and
onurs 10 the mutual benefit of the Northern PorilOn of lot 3, the Southern PortIOn 01 lot 3. and lot 2 and ther
raspecbve OWners
3 ACCESSIPARKING EASEMENT
3 1 Grant of Aceess!Parklng Easement Subject to the terms. covenants. agreemerrts.
restrlCloons and cond~">ns of thIS DeclaratIon. Declaranl hereby daclare •• creates and grants a nonexclu .....
perpetual easement rAcca.slPartung Easement ') ov«. across. and upon the AccesslParkong
Easement Property for the purpose of vehICUlar parkng and vehICUlar and pedeslnan access. mgress and
egress to. from and between the Northern PortIon 01 Lot 3, the Southern Por\Jon of lot 3. and Lort 2. and for
maontenance, rep",r and replacement of Ihe AccessIParlang Improvemenls thereon The AccessIPaikll1g
Easement shall be for the benefit of the lois. and may be used by the Owners and !her DesIgnated Users
The Accass/Parl<mg Easement IS nonexclUSIVe and the OWners shell have the nght to uselhe AccesslParkJng
Easemem property and the AccasslParlang Improvements located on the lot or Lots rt owns. lor vehICUlar
and pedestnan access. vehicular parlang and for all other purposes conslStem wrth the nghts granted
pursuant to the Acces$/Parlong Easement, Pf'O\'1ded, however. thai III so doong. there shall be no
unreasonable ompaormen~ restrrcllon or obs\nlcbon 0I1he use and enjoyment of AccessIParkll1g Easement by
the olher Owners and theor Desognaled Users as proVIded hereIn
3 2 Maintenance and Rep"" of AocessIPartona Easement Each Owner shall be
responsible for. and shan rnalntam. repair and ,eplace the Pomon of the AccessIParkmQ Easement Property
and the AccessIParkong Improvements located on such OWner's Lot. 111 good and safe condobon and repaor
2
Station Id :BWm
KING,WA Page 3 of II Printed on 8/1112006 4:31:19 PM
Document: EAS 2000.0512000595
Branch :GOK,User :BLOE Comment:
ncludlng, without IImltallOn, cleaning and oobns removal, snow and ICe removal, palntlhg 01 stnpes, patctllng,
and resurfaCing or replacement of the surface
3 3 No Obstructions. Reservabon No Owner or Designated User shaD construct, .ract.
place or plan~ or cause 10 be constructed, erected, placed or planted. any obstruction, structure, bUlidOlg,
lenoe, light, pole, madbox. sign, planl, shrub, tree or any other type of Improvement ("Ob_on") on the
AccessJParlong Easement Property that hinders or blocks access. wllhout the pnor wntten approval of all of
the other Owners. provided. however, that each of the Owners shaD retain the right to erect an Obstrucbon on
the AccesslParking Easement Property one day each year, ~, In the opinion of such OWner, such actIOn IS
reqUired \0 Insure that the AccessiParklng Easement Property nol be dedICated as a publ., streel The
OWners shall have the nghl to remove, at the sole cost and expense of the Owner or Designated User
responsible for the eXistence of any such Obstnucbon, any ObstrucliOn constructed, erected, placed or planted
upon the AccessIParkng Easement Properly wilhout the prKll' wntten consent of all of the other Owners
Notwithstanding the Iorego/llg, each Owner shall have the nght to construct upon such Owne(s lot dnveway
mprovements which connect 10 the AccessIParfong Easernent PropBrfy arid the AccessIParJung
Improvements wllhoul obtaining the consenl of the other Owners thereto
4 MISCELlANEOUS PROVISIONS
4 f Nobces All noticeS reqUired or permitted under the terms of thIS Declaret"In sheH be
n wnbng and shall be deemed !JIven when a copy thereof, addressed as provided her .. n, IS actually dailY ered,
either personally, by couner, or by certified or regIStered mall, retum receipt requested, to Declarant at the
address stated In the firs! paragraph of thIS DeclaratIOn, and 10 the successors of DecIaranI, as the Owners of
the Northern Portion of Lot 3, the Southern PorIlon of Lot 3, and Lot 2 altha address for such successor
shown on the recorded conveyance to such successor, or at such other address as Declarant or such
successor may nobfy the other party of In wnbng
4 2 No Merger "IS Ihe InienlJon 0/ Declarant that the easements, covenants. condlbons
and restnctlons sel forth In thIS Declaration shall conbnue to burden or ""nefi~ as appllcable,the Northern
Porbon of LoI3, Ihe Southern Portion of Lot 3, and Lot 2, notwithstanding the fact that. at any bme, the same
person or party may own one or more of these Lots, or porbons thereof Any such rnulbple ownersh" sheI
not result In the merger of the respective Interests, nghts and oblJgabons of the Owners crealed hereunder
4 3 . Use of Easemenls Declerenl and each party entIIIed 10 the use end beneht of any
easement hereunder, shall not unreasonably ll'lterfere WIth, unreasonably obstruct, or suffer Of perm~ anyone
claiming by, through or under 8uch party to unreasonably Interfere wtlh, or to unreasonably obsfrucI, the use
and enjoyment of each easemenl granled hereunder by any elf the beneflClBnes hereo/ The easements
created hereby shall only be used by a party enlrtled to use the same for the pUrpc1S8S for whICh they are
Intended and deSigned
4 4 Termnabon or Amrodmenl of Easement The easements granted and declared n
this Oeclarabon may be term .. _, and Ihe lerms, covenants, agreements, reslncllons and condlbons
contained 11'1 thIS Declarabon may be amended or _, orIy by wntten instrument ex...:uted by Ilia then
Owners of the Northern PorIton of Lot 3, the Southern PortIOl'l of lot 3. end LoI2, and the holders of any flrsI
mortgaga or deed of trust encumbenng the Northern PorIJon of LoI3, the Southern Porbon ofLoI3, and LoI2
4 5 Pro Rata Shares" ResubdMSlon ofPropertv Wany Lot IS hereafl ... subdIVided, lite
pro rata share of any of Ihe metnlenance costs allocated to that partICUlar Lot shall be allco:ated among the
lots or other parcels created by such resubdlVlslon III pnoporbon to the acreage of land In each such
resubdlYided lot or other parcel
3
Station Id :BWOP.
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Document: EAS 2000.0512000595
Branch :GOK,User :BLOE Comment:
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4 6 Repairs Necessrtated by Negligence Notwithstanding any other provIsIOns of thIS
Declarahol), If any repBU'S to any of the easement property or the Improvements located thereon are
necessdated solely by the negligence or other act or omISSIon of an OWner or of anyone claImIng by, Ihrough
or under such party, then such repair shall be Undertaken by such neghgenl party, al IS sole cost and
expense, Wlthm 8 reasonable period of time after the act or omiSSIOn whICh necessitated the repairs
4 7 No Mechamcs' Loens Nothing contaoned hereon shall authonze an Owner, or any
person or enblyactJng through, WIth, or on behalf or such Owner, to subJec! another Owner's Lol, or any
portoon thereof, 10 mechamcs' hens If any such mechanocs'loen shall be med aga.nst an OMler's respeclJve
LaL and another Owner IS charged wrth causong such mechanICS' hen, such olher OWner shall, at rts expense,
cause the mechanlCs'loen to be dIscharged In the event that such mechanlCS'loen IS not dISCharged wrthn 20
days after rece.pt ofwrotten notoce of the mechanlcs'loen by the Owner charged WIth caUSIng such mechanICS'
hen, then the Owner whose lot IS subjec! to the mechanocs'loen, at rta opbon, and at the reasonable expense
of the other Owner, may enter Inlo, defend, proseculeor pursue any etrort or actoon (whether or not hlJg8bon IS
lI'IVOJ\oed) wh.ch such Owner deems reasonably necessary to defend .t and rts Lot from and .gansl such
mechaniCS' lien
4 8 Release on Transfer My party hold.ng or acqulnng an .,lerest.n the Northern
Porbon or Lol 3, the Southern Porbon of Lot 3, and Lot 2 Shall be hable for any default or fadure to comply
herewith whICh anses «accrues poor to or dunng the perIOd of time 111 whtch such party holds an Interesl In
the Northem PortIOn of Lot 3, the Southern Portion of Lol 3, and Lol 2, as applocable, but such parly Shall not
be liable for any defaun or fadure to comply herewoth wh.Ch aroses or accrues after such party shall have
conveyed or otherWIse transferred ds entire ",teresi In the Northern PorIlOn of Lot 3, the Southern Porbon of
Lot 3, and Lot 2 , as applicable
4 9 Insurance
4 9 1 Casually Insurance The Owners of the Norlhern Poruon of Lot 3, the
Southern Porbon of Lot 3, .and lol 2 shaD be obligated to obtaon and keep In full force and effect all "sk, fire·
and extended coverage msuranee WIth respect 10 lis resp.eclIve Lot and the Aocess/Parkong Improvements or
other easement Improvements thereon, In an amount equal 10 the full replacement cost thereof
4 9 2 Loablilty Insurance The Owners of the Norlhem Porbon of Lot 3, the
Southem Porbon of Lot 3, and Lot 2 shall be required to obtan and keep III tuB force and effect dunng the term
of thIS Dectarabon, and to pay the cosls and premIums of, broad form general comprehensIVe hablhty
r .. uranee covenng publIC habdlly wolh respect to the ownershl]>, use and op~ or such Owner's respecb ve
to~ with '1mIIs ofnollesslhen $1,000,00000 combIned sIngle Ilrml of lIabtllty
4 9 3 WaIVer of SUbrogatIOn EaCh Owner hereby waIVes any and all causes of
acl.on and ngllts of recovery agamst each other and their r .. pectlVe offlC6rS, employees and agents, for any
loss or damage occumng 10 rta respectlV8 Lot or any omprovernentslocaled thereon, resulbng from any pefots
requIred to be covered by Insuranc .. (whether or nol such onsuranee IS actually mallliaoned) reqUired 10 be
earned hereunder regardless of cause or orl9on, onCludong the neglogence of any party, lis officers, M1pIoyees,
agents or Designated Users To the extent necessary to effec! the foregoong waover of subrogabon, each
Owner shaH be obligated to obIaon from IheIr respec;tove /OSUfance camers endorsements to au appropnate
pohCl" of Insurance waMng the roght of subrogation of the onsurance carner
4 10 Damage 10 Person or Properly The Owners each agree to Indemnify and hold the
other Owners hannl ... from and agaInst any and alltatl.IIty, damage, cost or expense, IIlcludlng, wrthOUl
kmrtehon, reasonable aftorneys' fees, wh.Ch may be .ncumed by or asserted aga.nst another party as a result
of the neglogence or WIlful mosconduct of the .ndemmfylng party, or rts tenanls, agents, lteensees and .wdees,
4
Station Id :BWOJ
KING,WA Page 5 of 11 Printed on 8/1112006 4:31 :20 PM
Document: EAS 2000.0512000595
Branch :GOK,User :BLOE ) Conunent:
In performing any work on any of the easements pursuant to thIS Declaration or anslflQ out of aCCIdents
occurrng on any part of the IndemmfYlng party's Lot other than as a resuR of the negligent act or amlS"1OIl or
Wlllfull71lSCOl1ducl of the mdemnofoed party or rts tenants. agenls, licensees and In.,tees
4 11 Gov9llllnQ Law The vallddy and effect of thiS DeclaraI19n shaM be determIned In
accordance wrth the laws of the State 01 WashIngton
4 12 BondI!!!! Effect The terms, covenenis. agreements, restnctoons end oondlllons .,thlS
Declarabon shall be construed a. covenants running WIth the land The burdens and benefits of such terms.
eovena..ts, agreements. res1ncbons and condrtlOl1S shall run to and may be enforced by any OWner
4 13 Not a Public DedIcation Nothong oontaIled In Itos Declarabon shall be deemed to be
a goII or dedocebon of any portoon 01 the Northern portoon 01 Lot 3.th. Southern Portoon of Lot 3. and lot 2 for
the general publIC or for any publIC purpose whatsoever, Inctudong. but not limIted to, dedICatIOn as a publIC
street
414 Severabdlly If any prOVISion of thiS DeclaratIon shall be onvalld, Illegal or
unenforceable, rt shatt not affect or Impair the vahdrty, legalIty or enforceabolrty 01 any other prOVISion of It".
Declarabon, and there shell be substrtuted for the affected proVISIon a valid and enforceable prOVISion as
s,molar as possible 10 the affecIed provls,on
= C) 4 15 Headings for Convemence All· headings and captions used herein are for
o convenience Only and are of no meaning In the Interpretabon or effect-of thIS Declaration
""
4 16 Esloppe! Certoficates Each Owner shall, upon the reasonable wntten request 01
~ another Owner or any other ,rnerested party and after eonfirrnong sny necessary facls. furnISh a certiocate
ragandlng whether, to such cerlofyong Owner's knowledge, any vloI.toon of the terms, covenant., agreerrenls, = restnctJons and condoloons conlaoned hereOf) .Xlsls w_h respect to any of the Northern PortIOn of Lot 3, the = 0::> Soulhem Portoon of Lot 3. end Lot 2 or thel< respecllV8 Owners Any person. wllhoul actual nobce to the
<"'" contrary. shall be entlUed to rely on said carlofteale WIth respect to all matters set forth thereIn
IN WITNESS WHEREOF, Declarant has executed thIS DeclaratIon of Easernerrts as of the filSt date
wnttan albove
WITlIESS DECLARANT
EXIT 7, INC, a Washington corporation
5
Station Id :BWOB
KING,WA Page 6 of 11 Printed on 8/1112006 4:31:21 PM
Document: EAS 2000.0512000595
Branch :GOK,User :BLOE
STATE OF WASHINGTON
COUNTY OF KING
)
) 55
)
Comment:
The pregqlng Oecla~tl<J1 of ,!:ise'lents was acl<roaNIedged before me thIS ~ of ApnI,
2000, by n;r~}lIWa •. It/C;l?;·lJI+<C of EXIT 7,INC, a Washington corporabon
WItness my hand and offICial seal
~ ct) :z;;:;CX)
Pub~c
6
Station Id :BWOB
KING,WA Page 7 of II Printed on 8/1112006 4 :31 :22 PM
Document: EAS 2000,0512000595
Branch :GOK,User :BLOE ,
}
Comment: ...........
, )
~-
en
""'
SUBORDINATION OF MORTGAGE
The undersigned. DeVere Jerry Burtenshaw and Angelna D Burtenshaw ("lender"). are the
bene~clanes under Iha! certa", Deed of Trust and other secunly II'Istnuments relating thereto (collectively. the
"Mortgage") dated January 13. 1987 and recorded January 14. 1987 as Recephon No 8701141236 10 lhe
Records of King County. Washington
For good and vatuable conslderatlOn,lender. as the holder of the Indebtedness secured by
Ihe Mortgage, hereby agrees that the Mortgage shall be subordinate to the DeclaratlOll of Easements and to
all proVtslons. covenartls and obllgallons contained thereto as though sad Oeclarahon of Easements had
been recorded first
S e
Daled IhIS ~ day of April. 2000
WITNESS lENDER
DEVERE JERRY BURTENSHAW
STATE OF WASHINGTON )
• ) S5
COUNTY OF !fIAN:, ) MP . The foregomg Ilstnument was acknowledged before me on ApnI • 2000. by DeVere Jerry
Burtenshaw
}
7
Station ld :BWm
KJNG,WA Page 8 of 11 Printed on 8/1112006 4:31:22 PM
Document: EAS 2000.0512000595
Branch :GOK,User :BLOE Corrunent:
WITNESS LENDER
ANGELINA 0 BURTENSHAW
STATE OF WASHINGTON )
) .8
COUNTY OF ¥-af ) .¥-\
~ The foregOing ... Irument was aCKnowledged before me on Aprd J!) ;2000, by Angelina 0
~ Burtenshaw
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= = = '"
8
Station Id :BWOH
KJNG,WA Page 9 ofll Printed on 8111f2006 4:31:23 PM
Document: EAS 2000.0512000595
Branch :GOK,User :BLOE -.-"
) Comment:
....,
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EXHIBIT A
NORTHERN PORTION OF LOT 3
DESCRIPTION
THAT PORTION OF LOT 3 OF CITY OF RENTON SHORT PLAT NO 011-87, RECORDED UNDER KING
COUNTY RECORDING NO 8802169005, DESCRIBED AS FOLLOWS
BEGINNING AT THE MOST NORTHERLY WESTERLY CORNER OF SAID LOT 3, ALSO BEING A POINT
ON THE SOUTHWESTERLY MARGIN OF NORTHEAST 44TH STREET AND A POINT ON A CURVE
CONCAVE SOUTHWESTERLY, HAVING A RADIAL BEARING OF SOUTH 07'19'43" west and a radIUS of
30810FEET,
THENCE ALONG SAID CURVE AND SOllTliWESTERL Y MARGIN EASTERLY AND SOUTHERLY AN ARC
DISTANCE OF 74 8S FEET THROUGH A CENTRAL ANGLE OF 13'55'29",
THENCE SOUTH 67"13'46" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 8771 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUlllWESTERL Y HA VING A RADIAL BEARING
OF SOUTH 37'15'11" WEST AND A RADIUS OF 318'0 FEET,
THENCE ALONG SAID CURVE EASTERLY AND SOUTHERLY ALONG SAID SOUTHWESTERLY MARGIN
AN ARC DISTANCE OF 156 30 FEET THROUGH A CENTRAL ANGLE OF 2S'09'06",
THENCE NORTH 86'45'09" WEST 146 19 FEET,
THENCE SOUTH 01'14'5'" WEST' 696 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3,
THENCE NORTH 88'45'09" WEST '38 46 FEET ALONG SAID WESTERLY LINE OF SAID LOT 3,
THENCE NORTH 01"4'51" EAST 77 96 FEET ALONG SAID WESTERLY LINE OF SAID LOT 3,
THENCE SOUTH 88'45'09" EAST 3' 00 FEET ALONG SAID WESTERLY LINE OF SAID LOT 3,
THENCE NORTH 0,"4'5'" EAST 106 71 FEET ALONG SAID WESTERLY LINE OF SAID LOT 3 TO THE
POINT OF BEGINNING.
SITUATE IN THE CITY OF RENTON. KING COUNTY, WASHINGTON STATE
9
EXIT7,INC
BRYAN L CAMPBELL, P L S
BRH JOB NO 99273 10
APRIL 14, 2000
Station Id :BWOH
KJNG,WA Page 10 of 11 Printed on 8/1112006 4:31 :24 PM
Docmnent: EAS 2000.0512000595
Branch :GOK,User :BLOE Comment:
= <::> = c-..
EXHIBITB
That portlon of Lot 3, City of Renton short plat number 011-87, recorded under
recordmg DtIDlber 8802169005. in King County. Waahmgton and further descnbed as
Beginning at the Southwest comer of said Lot 3, also being a pomt on the North Marglll
of Northeast 43rd Street; tbence North 01 "14 '51" East 208 SO feet; thence South
88°4S'09" East 146.19 feet to a point on the West margin of NOrtheast 44th Street, also
being a point on the Easterly line of said Lot 3 and the beginmng of a non-tangent curve
concave Southwest and having a radial bearing of South 65'24'16" West and a radius of
318 10 feet; thence along said curve and saul West margin and said East hoe, Easterly
and Southerly an arc distance of 145.84 feet, through a central angle of 26 0 16'06" ,
thence South 01°40'27" West 9.87 feet along said West margm and srud East line, thence
South 29°05'34" West 6S 15 feet along SaId West margin and said East line to a pomt on
the North margm of Northeast 43rd Street and the South line of said Lot 3; thence North
88°45'09" Wcst147.49 feet along said North margin and saul South line to the True
Point of Beginmng.
Station Jd :BWOB
KING,WA Page 11 of II Printed on 8/1112006 4:31:24 PM
Document: EAS 2000.0512000595
= = C'-.>
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= = = .....
&tumAddnss·
city Clerk's Office
City ofRCDtoo
1055 South Grady Way
Renton WA 980SS
.
Title UTILITIES EASEMENT
l'rojcct file •. .1'111..,
Property Tax Parcel Number: •• ",,1') -11111-02
Sttett ~ or l'IoJa:t Name N E 43 rd & 11 U SE
Ref'ereDu Number(s) of Documents assignM or Ideascd Adchllcdal Rfcrao:e I1UDlbcrs "'" OIl page _4_
Grutor(s): GUIltee(S):
1 Exit 7, Inc. , 1 CIty of Renton, a MIUliClpal CorporabOtl
! a Washington corporation
tile Graalor, asllllllloOd abooe, t'ct or md UI ..,...dcoIlOll o(mutual bencliu, h<rd>y 1!PDts, batpms. sclls md ckh .... to
tile abooe IWIICd Gnalee, die foUowma described prnpcrty-Ad.hbcaallepl IS "" page _4_ of doctwcnt
(.tN<..wrt4 Iqol ~ MUST 10 /am.)
LEGAL DESCRIPTION
A STRIP OF LAND 15 FEET IN WIDTH BEING 7 5 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE OVER LOT 3 OF CITY OF RENTON SHORT
PLAT NO 011-87, RECORDED UNDER RECORDING NO 8802169005 IN KING
COUNTY,WASHINGTONSTATE
SECTION _24, TOWNSHIP -24N
H IFORMSlKCRECORJ)llASEMENT DOC\
EXCISE TAX NOT REQUIRED
Kmg Counti Records DMsion
£IV. ~ YeA ~ 1>, ,Deputy
and RANGE 5E, WM
Page 1
coosuIeratIon of mutual presents, grant, bargam,
cotnlq', and warrants unto the saad Grnntce, its succesSOlS and assigns, an easement for pubhc: utilities
(wduding water, wastewater, and SUJface watu) with D 'Y appurtcDaDc:cs over, under, through, across
aDd upon the following described property (the right~-way) in King ~, Washington, more particularly
cI=ribcd on page 1 (or ifful1lcgal is nol on page I-ExhIbll A.)
For the pwpose of coastructmg, rcc:ollStruCtl.Dg, mstalImg, repamng, Rp/aCUlg, cnlargJng, opetaIlIIg and
mamtunmg utJhllcs and utWl)' Plpehnes, lDcludtng, but DOt Ilnuted 10, water, sewer and storm dr.unagc lmcs,
together WIth the ngllt of mgress and egress thereto without pnor mstitullon of any SIUI or proceedmgs of law
and WIthout incumng any \egal obhgallon or liabwl)' therefor FoUowing the imriaJ. coDSlIUCllOn of u.s
facIhIlcs, Grantee may ftoIn IIqIC to nmc coostruct suclI add1IIoaal faalillcs as It may n:qwre TIus easement
is granted subJect to the followtng terms and coruhtions
1 The Grantee sball, _ ca:aplct\OQ of any wed; ... 1bIJI the prop<rty covered by the -I. restore the SUIf_ of
the c:asemcIIl, ODd any pnvaIC 1\Ilp<'>"IallalIs cIuturbed Of destroyed durms _ of the ~ as acarly as
p1KIIcabic to the ccadtUOlllhoy wac IJ1 tmmedIateJy belilro comm ..,....,.....' oCthe _ Of C1111y by !he Grantee
1 Gt2ntoc shall m:un the nabl to ... the surface of the.,.....,..,l .. toag as such use does not IDIctfcte WIth the
ea_mt nabts "",ted to the Clnmtee
Grantoc shall DOl. however, have the nght to
a. ERCt or m'JOtalD any buddtngs or structures Wlthm the easement; or
b Plant tr=, shrubs or vcactaUon ha'llIIl <kq> root peIIaus wluclt may ...... damage to or mterfere WIth the
utWlIco to be pIKed W11b1J11h. easement by the ~ Of
c Develop, .""d .... pe, or bcaullfy the cascmeut area lit my way whoch would IlDI'CasOII&bly mcrease !he costs to
the Clnmtcc of n:stormg lIIe =' ",ea ODd any pnvate tmpmvemmtslhercm
d DIg, lUDDd or perform other forms of .. _ acb .. !1= on the property wluch would dlsturb !he
compocllon or unearth Grantee'. CacWbcs On the naht-of-way. orcndanger!he Iaterai support facilities
e Blast Wlt1un fifteen (IS) rcct oCthe nght",C-way
T\us easement sbaI1 run WIth tho land descnbed herem, and shall be bmdmg upon the partIeS, their hcus,
successors m mterest and asstgns Grantors covenant that they arc the lawful OWDefS of the above properllcs
and that they have a good and lawful nght to execute thts agrtelllC1ll
By this conveyance, Grantor will wanant and defend the sale hereby made W1to the Grantee agamst all and
every person or persons, whomsoever, lawfully twmmg or to cla1rn the same TIus conveyance shaD bmd the
heus, executors, achntntstrators and assIgns forever ~
IN WITNESS WHEREOF, satd Grantor has caused Ilus uostrummt to be executed Ihts JZ:..dsy or May ~0 .
Exi t 7 I Inc:.,
H IFORMS\KCRECORIl'EASEMENT OOCI
STATEOFWASIDNGTON )SS
COUNTY OF KING )
I certify thst 1 know or have sa!1sf'actory eVIdence that _______ _
-;---c:-:-"7Cc-:--:-:--=--:::----:;----;--;-.,.--stgned !Jus _t one!
acknowledged .t to be Inslberllhctr free and VOIWltary act ror the uses Md pucposes
mentioned Ul the tn.Strument
Notary PublIc m
Notary (Pnnt} _____________ _
My appomllnent CXPlJes ___________ _
Pagel
= = ""
= = = c-..
INDlVtJJu,u. FORM OT ACLNOwc.E1JGMENr
Notary Seal mU3t be Wlthm box STATE OF WASHINGTON ) SS
COUNTY OF KING )
I «rt1fy !hat I know or ha ... ooIlsIlu;toty ..... dc:acc tbot _______ _
_ , Notary Pubbc in and Cot-the State ofWashmgton
Notary (Print) ___________ _
My appomtment expues __________ _
Dated·
REPRESENTATIIIE FORMOT ACLNOJYUDGMENT
Notary Seal must be Wllbm box STATE OF WASHINGTON ) 55
COUNTY OF KING )
I «rt1fy !hat I mow 0< ha .. salulloetcly eVldeDc;e that _______ _
Notary Publlc m and for the State ofWashmgtoo
Notary (PMt), ___________ _
My appomtment expues ___________ _
Dated
COJIPORATE FORM OF AcmOWUDGJiENT
Notary Seal ",lUI be Wlthm box STATE OF WASHINGTON ) 55
COUNTY OF KING )
frtJtJ()
On tlu3 /ZJ. day of~~~_" ~ -' before me perscmaIly aweared
,""'\\\ ~ ----:t fA. ~l>';11 <...Y. 10 me mown 10
_-~.~' :""#If. I, be of the corporabon tbot ! ~~ .. ,. ~" I.~'" _ute<! the t1un llISInIment, mil oclnowled,. the I&Id msttum<:ut to be the IRe
; f ~f ~ .. ' ~ ~ and voluntary act and deed of Slld eorpon.l1on. for the uses aDd pmposes therem
,,:: ~ , tnenucned and c:a.ch on oath stated. that hJ'he was authonzed. to execute S8.!.d , : 1B"-' $" • ~; I ~! : ...uument and thallbe seal affixed IS the corpol'are ... 1 of satd corporation
I, .... I, .. '-:-0-
" ~A""'~~ .: c..£ I~.. ,,,,,,\\ -r~d~~~~r....~0.~~L-::-:::-:--=-_________ -l I, ~ _ ~ •
"" irA , .. -No ubuc III for the Slate ofW,ashmgton
,. ,,,,,.' N (pnn!) Am M.
My appolDtme-nt~exp<..Llil~"J'--""'-!.f-''''''L-.-------
Dated .At",
H \fORMSlKCR.ECORDIEASEMENT DOCI P~c3 fOUI030000lbbICAl·21·97
-~
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WATERLINE EASEMENT "A"
DESCRIPTION
A STRIP OF LAND 15 FEET IN WIDTH BEING 7.5 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE OVER LOT 3 OF CITY OF RENTON
SHORT PLAT NO. 011-87, RECORDED UNDER RECORDING NO. 8802169005 IN
KING COUNTY, WASHINGTON STATE, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY WESTERLY CORNER OF SAID LOT 3,
ALSO BEGINNING AT A POINT ON THE NORTHERLY MARGIN OF NORTHEAST
43RD STREET; THENCE NORTH 01"14'51" EAST 16.79 FEET ALONG THE
WEST LINE OF SAID LOT 3 TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88 0 45'09" EAST 28.78 FEET TO THE TERMINUS OF SAID
STRIP;
EXCEPT ANY PORTION LYING WITHIN A PREVIOUSLY RECORDED WATER
EASEMENT AS RECORDED UNDER KING COUNTY RECORDING NOS. 8805090531
AND 8812290201.
SECTION -24, TOWNSHIP -24N and RANGE 5E, WM
¥ ..-I?--~O{)
EXIT 7, INC.
BRYAN L. CAMPBELL, P.L.S.
BRH JOB NO. 99273.13
EXHIBIT J-
= = .,...
<= =
= = C-> . ~
,
R = 30810'
L ;: 7488'
T :;: 3782'
.0 .: 13-$5'29-
(ii" R = 31810' ~ L;:: t563O'
T.: 7fl70' o ::. 2tn>9'06-
R :: 31810'
L;::14584
T = 7422' • o ;: 26-16'08" r S80'"4S'09 'E ! /2878' TPOB EASEMENT -A-
t--iJ }--~
ROED & HITCHINGS, INC.
CML & LAND SURVEYORS
2009 MINOR AVE E (206) 323-4144
SEArrLE, WA 98102 -3513
BRH .JOB NO 9927313 3·11-00
N88'45'OQ"W
EXHIBIT -'L
SO .... 40·2rw'~_-l_-'40"'-·-l 987' -
~ u.i ~b ~ ... t~ :1:1
1474W
g 1j;'
----'--'i.---
FD MOH IN CASE, BRASS TACK IN
LEAD SET IN CONe. DN 095'
WATERLINE EASEMENT SKETCH
PREPARED FOR: EXIT 7. INC.
Branch :GOK,User :BLOE ) Comment: ... "
)
<0
=
l/etJJrn kfdress
City Cledc's OfIicc
City olkntoa
1055 South GTady Wtq
Routon W A 9805S
.
Title UTILITIES EASEMENT
I'IOJcd Pile' r,'IO
I Property Tu Pared Number: -//¥/-tU I S-lDta>otb ..... Prv.JcctN"""'NE 43rd & llO SE
Rd'OCeIKe NUIDbeJ1.}ofDocwnents assigned 01" rdeasod M<h_~ 01l1ll1><, .... ,,0A_ 4
Graotor(s)-Graatee(.):
1 Exit 7, Inc. , 1 Clty ofRcoton; a MUDlClpai CaporauOll
Xl a Washington corporation
no Gnator, .. oamcd abooe. rot .. ",d m _ ... ar..,tWllbco<lits, ~ graats, borgams, sells IDI doh_ ... to
II>< above DOJO«I Gr .. teo, II>< fOllawloi descnbed pcopcrt)r Adlhblloal kpIlS DO I"'&" _4_ at doeumcaI.
f,,4librnillld lIpl4Dc;: .".HUS1' ~41 }u:rl!j
LEGAL DESCRlP'llON
A STRIP OF LAND 15 FEET IN WIDTIf BEING 7 5 FEET ON EACH SIDE OF THE
FOLLOWlNGDESCRIBED CENTERLINEOVERLOT3 OF CITY OF RENTON SHORT
PLAT NO 011-87, RECORDED UNDER RECORDING NO 880216900~ IN KING
COUNTY, WASHINGTON STATE
SECTION -24, TOWNSHIP -24 N,
EXCISE TAX NOT REQUIRED
KIng ~~rd& DMsIln
Sf \,\c..\\~A ,Deputy
and RANGE .. 5E, WM
FORo\J aJ 000MI0lI0'CAl~21-91
'1.COO-a;,c.. "1
Station Id :BWOH
KING,WA Page 1 of5 Printed on 8111/2006 4:31:51 PM
Document: EAS 2000.0612001312
Branch :GOK,User :BLOE Comment:
-
COIIW)'. aDd WBmIIIIs _!be said Grnntcc, its succcssot. aDd assIps, III.......".", fotpublicutiliucs
(1DCIudiDJ wmc. -. aDdsu.dilce wale!) wiIh DOCaSaI)' appurIe8aDCeS over. _. through, across
aDd upGIl tho CoIlowiDg dcscnW property (tho rlsht-d......,) ID King County. WashiDgtoD, """" parI1cuIarly
described lID page I. (otiffblllegallS DOt on page I-I!xbibd A)
For the _ of COIISIrUCIiD& .. .., ... t ..... ting, ""'""'na: tqlUI1IIg, RPIacmg, Cll!argmg. opcraImg and
mainlalDiDl ullhbos aad uIibIy ppoboes, iDdudmfo but DOt hmited 10, _. sewer and sII>mI dr.Ilnage Imes,
togollou 1ritb. tho ript 01 ......... aDd egress IilereID witbDat pnor iDsbtuboo 01 any salt or P"""""'hn(!S oflaw
and WlII>oul incurriDc any lcpl obbgation or liabihtylllerefot Follomng tho lmtIal constnu:t\OD oIlts
faclbtlcs. Glutcc may anm. tilJIO to time oonstruct sudladdlboDalllldhtlcs as h .... y reqwm TIIIs .... _
IS SIDled subject to die 1bIlowiag lenDS and <OlICbboas
The o...too rIIaII. """" oamp,"""" of ""y _ ....... au. pn>p<rty _ by !be .. _ .. ~ ""'"'" lb. surface or
tbc eutme1II, IIDIIIIII)' prinIe """"' ...... cob duOubcd or cIaII.,ecI cIIIn.,. exccu_ of !be worl; IS oeady ..
pradloabIr: to tho COIIcIII"" tbeyw= In lIJUD<lbokJJbdDn: ""II1II L<I1toftbc_ orenttyby tbc _
1 GrantorsbaU .. 1oin tbenabtto ... 1be swfiIteortbc_uloqassuch ... _ 001 UIterf". WIth !be __ nPts IfI'IIe<I to tbc o..ntee
_ sbaUDOt, _. ba .. the ngbl to
a. I!rectorllllllllBlnaoybwlduJgsorSllUclllrooWldua au. .. m n~or
b PlaDt trees, >hnIIoo or ~n loa""" deep root poII<nIs wIIIcb may ..... damIogc 10 or .. tcrf= WlIb tile
_ to be placed ""Ibm !be coucmcooI by tile Gnotee, 0<
C De'YeJop,. .end .... pe,. arbcallbfy lhc ClI3CIDCIItarea:ll1.srJ waywtuc::h would~y mcnasc the costs 10
!be _ of restonIIC the ca5<mcD1_1IIIII *"y pn""'" UIIpOYelllelltsll>=ul
d Dog. _ ar pafoom ochot forms of _ ............. tIIe pnopcrty wlucb .....Jd w-b !be
''"''1'''''''''' or _ a... .... s faaltbes COl tile nd>1-«'-Y .... eodaoacr!be latcul support 6oe\h ....
• Blast Wllhln 6tIeco <IS) reo! o(th. ng!l, .. r-way
TIus <a.5 Em, 01 sbaIIlWI MIh tho land dcscnbcd heR:m. aad shaH be butdmg _ tho parucs, thar Itcus,
_ .... "'_ and _gus Gtanton <OVeI!3DI1ha1!hey are tho Iawftd cnmers altho above properbel
and that !hey Ita,.. a ~ and lawful nghl 10 CXCCUIe this ""_
By tIus COD~ a"",tor will """""'. and der.md tho sale hereby made ..... 0 the al3lllee aga1IISI all and
every persOIl or pelSODS, whomsoever, lawfully claJ_ or 10 daam the same TIus convcyance shaIIlmId !be
heus. executors. admjmstrators and assigns forever
m WflNI!SS WHEREOF .... d Onntor bas C3lI5Od this ms1nunm11o be cxc:culcd -....,_-1 ~ __ -=--'~~ --'=''''
Exit 7 Inc.,
N~Scal STAlE OF WASHINGTON ) SS
COUtITY OF KING )
[oerI1IY thall 1ao"" ......... tuIiIc:Ioty mdeocc au.t~ _____ _
~~~77~~~~~~~~~thIs~ad adDowlcdg<d 1110 be IusIberJIbeIr he ad 1'OlWlIuy act far tile uses IlI!d JlUIPO'OO
menboned tn the lDStrUmmt
Notary (PlUlt)' _____________ _
My appolntmenl exptreS __________ _
Dated
Station Id :BWOf
KING,WA Page 2 of5 Printed on 8/1112006 4:31:52 PM
Document: EAS 2000.0612001312
Comment: Branch :GOK,User :BLOE
"
lNDIYIDUALFOIUIOTA~
NoWySealmustlieWltbiabox S'fATEOFWASIIINGION)SS
COUNlYOF KING )
1"""fY ibid Il:Dow ....... ..-...,. endeoce 1bId ______ _
~~~~~~~~~~·~~~~-~&g~10Dd lI<howIcdged 1110 beluolhcrllbelr _aod YOIuDIaIy oct Ibr Ihe ..... 0Dd_
lIIt:Dbooed m the wsb:1llWJIt
Notary Public in and lOr the Stale ofWasIw>gton
Notary (PrlDt)-:---;--:-________ _
My appointmeol axpim _________ _
Daled:
REP/lES£NT.tTWE FORMOT ACV«)JII'UI)GMENT
NoIaIySealmuslbewtlbmbox STATE OF WASHINGTON )ss
OOUN1YOF XING )
l«rt>/y that 1 know"' ..... .....-y • ...,.".,.Ihat _______ _
===--.::===-===-===.== ........ thrJ """"""'" OD ooIh oW«Ilhat belsh<11hey 'IMIw<se aulbonzcd 10 _!be .-.....:.t ODd
_edged .... !be 0Dd====:;:-__
of to be !be 6'ee ond YOI.-y at oC ... b
partyfp.<rtles for the .... ODd JIU'POSCS mcnhoned IJI the ....... nent
Notary Public m aDd for the State ofWasIungtoo
Notary (Pnnt)'-7-____________ _
My appointment exp .... ,"--_________ _
Dated. . .
COI!POM.TE FORM OF ACI:NO~
Notary Seal ..... bo ",Ibm box STATE OF WASHINGTON ) 55
COWIY OF ICING )
No blic m lOr the State ofWashmgton
N (print) ~~~r MyappomtmCDt .,114"
DaIed.....H. /1. 2 0
fOAM OJ DOOOIbbICAl-ll-9'7
Station Id :BWOf
KING,WA Page 3 of5 Printed on 8/1112006 4:31:52 PM
Docmnent: EAS 2000.061200 BI2
Branch :GOK,User :BLOE ---~'\
! Comment:
<.0
=
WATERLINE EASElIEN'l' "S"
DESCRIP'l'ION
A STRIP OF LAND 15 FEET IN WIDTH BEING 7.5 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE OVER LOT 3 OF CITY OF RENTON
SHORT PLAT NO. 011-87, RECORDED UNDER RECORDING NO. 8802169005 IN
KING COUNTY, WASHINGTON STATE, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY WESTERLY CORNER OF SAID LOT 3,
ALSO BEGINNING AT A POINT ON THE NORTHERLY MARGIN OF NORTHEAST
43RD STREET; THENCE NORTH 01" 1.4 I 51" EAST 205.60 FEET ALONG THE
WEST LINE OF SAID LOT J AND ITS PROJECTION TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 88'44'58" EAST 41.41 FEET;
THENCE SOUTH 01" 14 I 30" WEST 17 .17 FEET TO THE TERKrNUS OF. SAID
STRIP;
EXCEPT ANY PORTION LYING WITHIN A PREVIOUSLY RECORDED WATER
EASEMENT AS RECORDED UNDER KING COUNTY RECORDING NOS. 8805090531
AND 8812290201.
THE SIDELINES OF THIS EASeMENT SHALL BE SO SHORTENED OR
LENGTHENED SO AS TO MEET AT ANGLE POINTS.
SECTION -24, TOWNSHIP -24N RANGE 513 WM EXIT'7, INC.
BRYAN L. CAMPBELL, P.L.S.
BRR JOB NO. 99273.13
EXHIBIT .A-
Station Id :BWOB
KING,WA Page 4 ofS Printed on 8/1112006 4:31 :53 PM
Docnment: EAS 2000.0612001312
Branch :GOK,User :BLOE
---------t
•
o R~3081O'
L = 740Q'
T=3TS%'
.0 = 13·55'29'"
R=3181O
L = "\515 30
T = 79 TCS'
£> = 2B'"09"otr
g?=
BRH
Comment:
BUSH, ROED a HITCHINGS, INC
CIVIL EHGlHEERS '" LAND SURVEYORS
2009 MINOR AVE E (206) 323-4144
SEJltT'Tl..E. WI4. 98102-3513
BAH JOB NO 9927313 '3-11-00
EXHIBIT JL
WATERLINE EASEMENT SKETCH
PREPARED FOR: EXIT 7, INC.
Station Id :BWOH
l' = eo'
KING,WA Page 5 of5 Printed on 8/II12006 4:31:53 PM
Docmnent: EAS 2000.0612001312
Branch :GOK,User :BLOE
&IIIm AdtIrus,
City CIcdt's Oflicc
c.ty ofRcn!al
1055 SouIb Gndy Way
ReDtclD WA 9S0SS
Comment:
Tille UTILlTIES EASEMENT P. To: Parcel NUlDber:
f/OJeCtFIle' S __ arPJuJ<CtNIIIIe NE 43rd & 110 SE
Referella: Number(.) ofDoc:wnarts assigncdor released Add""'""l..r.m.:ellumben ... ",, __ _
Gru>tor(.): Graotee(s):
1 Ext t. 7, Inc.. L Ctly ofRentoa, a Municipal Ccrporaboll
~ a Washington corporation
'IIIe Gn"lOr," _,.-.1Or or and m CCIISl_ oClII1IIIIaI beDelIIs, II=by gpnlS, ~..us ad clehVCl1to
thoaho .. ......tGnatee.tbefollowmgtl=nbcdp<>per\T Addl_Iepl",",P"!Ic __ oCdooumcnt.
~"',.,'" ~ JIl/ST ,. A"~)
LEGAL DESCRIPTION
A STRIP OF LAND 15 FEET IN WIDTH BEING 7 5 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE OVER LOT 3 OF CITY OF RENTON SHORT
PLAT NO 011-87, RECORDED UNDER RECORDING NO 8802169005 IN KING
COUNTY,WASErnNGTONSTATE
SECTION -24N, TOWNSHIP -24N AND RANGE 5E, WM
EXCISE TAX NOT REQUIRED
KI~n\y Recnni9 !lMSIon SyW· ~ , Deputy
.. '
Station Id :BWOH
KING,WA Page lof5 Printed on 8/1112006 4:31:53 PM
Document: EAS 2000.0612001313
Branch :GOK,User :BLOB-Comment:
<0
<=>
= = = ......
Tbat said ~), for mel In coosideration of JII1ItuaI beadIIs. do 1>1 !bose prescots. pud, bupin. sdI,
<:am:f, mel wammts WIIo the said Gnntte, ilS succeaon ud assIps, ... , I. Bllor public utihII ..
(lwindl.g_. _, aad surface .... ., willi......, 1ppiI1aiaDCtS_.IUIder.1hrough, acmos
and 1IpaD the Ibl/awing oIcsc:ribm property (die rigbt-d-'f!IJ) iIIlCiDg OIuMy, Wnhl"llO", _ partJcUIarIy
d<scrib<d Oil NO t (or Iflldl legal IS not 00 page I-ExhibIt A ) .
For the plllJlOl'C of 00IISInIc;IiDg, ~.g. msta1bDl tqJIIIUI& RpIacm& enlarging. ope_g and
mainblDing uIJhbos and UIlht;y pipelines. 1JIcludutg. but DOIIimIIrd 10, _, _ mel stotm dIamagc Imcs,
kJ&t:Ihet Mill the nPt ofmsms and egrm _ w\thooI poor iasbtuttoll 01 aD)" lUll or ~ngs oIlaw
and wIIhont iDoumn(...,1epI cbbgation or liability ......... FolloMDg the imnalCOlJllnlCUOIl of tis
bci\dt ... Gr.mtc:o ma)' from lime to Ilmc COJISInIct II!dt addlItoIIal faciIw .. as it....,. JfOIUIJI'. 'Ibts_1
is panIaI sub.Joct to !he itIIowiDg \mIlS and coDChIiol!S
TllaGraaloo.un..,.. eoazp/dI<tt of",y..m: WJdmt lite ~ c-..d bylhe..-. _tile JWfacaof
tile ....meot,-uqpnvale unpro __ «~ cIuribc--ot!he -lc. ...... dy ..
pncb<ablo 10 !be OODiIrtIOIl1h<y-. mlDllDCdlatdy be.r ... _ orlbe _ CIt efJ1ly by !be Onnlee
2 _ li>0ii ...... IIIe nPt to we !be 5IIIfate ofllle -' "loa, .. sudI ........ 001_ .... 111 the
_nglupan1<4 to .... 0. ..... 0nDI0r_ ""'_, have !ben"" to
L Erect w maudMa lilly bwldtog,s or ~ WldUD Ibe eaaemeat; or
b l'IauI_, _ or ftidaU .. ba""" deep 1001 poItaJIs wIu<b may.,.,... -.... to or _ WlIh!be
-.. to bcpll«d witIun Ibe..........tby!be-. or
c Dewlap, ImIscape. orbeal1tllY!be ............. m lIlY ""'1--W..........ably _the ..... 10
IbcGno .... or_lbe_t .... ...t..,.pn __ ......... -.
d D>g. tunocI or pelf ..... otba: foons of _1ICImbea on !be pn>I>OII)' _ would _ the
compocboIlot _ Gran ..... JilcWbes ... the fiabI-"'--Y, or ~ IIIe _ "'PP"" &ahbcs
" BWt'Wl1hm IilI«o (IS) feet of !be nght-<>C-woy
Tlus casement shall ron WIth the !and descnbed heseul, and sIWl be bmdIIIg upoll the parIl<S. IbeIr b<us,
_ iD 1nteIest .... 85IicDs Grantors covenaDt """ 1II<y ... the lswM __ of the above propenies
and IbaI they haw • "'"" aDd lawful nght to execute Ihis ........ 01
By this collVO)'llllCC, Gnntor wiD wamnt and defend the sale "reby made _ the GJ3DIee apiDst aU.
e'ICrJ peaoc or pessoDS, whonIsoever,lawfully d""""" or to dasm the same Tlus COJm:)'3Dl'e sballlIUId the
/tcul, exeouID<S, adamuslllllOQ and asslgas_er
IN WlTN1!SS WBl!REOF, saul _bas ,,=<1 tins_to be..-tIns~of May l!II, 200
Exi t 1, Inc.,
~nf}~ C'JP'~. D.~~6~OFA~~O~~~~~~---------------------1
NoWy Seal ..... "" ........ be-< STAn: Of WAS!IINGTON ) ss
COWIY Of KINO )
I cert.fytbatI mow«ba .... IWGdocy ............ __________ _
$IplCd tIns __
aclo>o--:--wl'e<I,!:-ced:-II:-:Io-bc:-:"IusIIte<-=--..... ::O-.. ""'&eo:--"""-:-... ...,...."'"IIIy-... for the """ __
mc:nboned In 1he anstNftal
, •• 2
Station ld :BWOH
KlNG,WA Page 2 ofS Printed on 8/11/2006 4:31:54 PM
Document: EAS 2000.0612001313
Branch :GOK,User :BLOE Comment:
u:>
<:>
= = = c-..
. IND/Y1DUALFORMOTAaNOwu:I>G/.aNT
NoIarySeal .. 1btbewtllwl,box STAlEOFWASIlINGTON)SS
COmrrY OF KlNG )
I«rttfy tbatI know or baN ~ cndom:e Iha, ______ _
==========_-:-,.-,,.-"'8"Cd1lus lPStnm>eBt aDd aclaIow~ " '" be IuslhcrAh<2r he mel _tary ICtlOr the .... 0Dd_
mC1JbODerJ ID 1hc lDStlw:uwt
_, Notary Public u, ODd fur1he State ofWashiogton
Notaty(Pnntj, ___________ _
My appomtmentcxp= __________ _
Dated:
REPRESENTATIVE FORMOTAcs:NOlYUDGMENT
Notary Seal mu,t be Wltlwt box STAlE OF WASIlINGI"ON ) SS
COUNIY OF KING )
lcertdY that lblow or have .tJsfi.c:tD1)' c.vzd.c:ncc that _______ _
~~~~~~---:---~=~---~~~~"'~
.wed that hcI.bc1thcy wruIwc<c authonzed '" .~ the ~ aDd
ocknowledge<l ,t os the mel ___ -:-::---:-__ _
of w be !he Ii= and volllnlMy ad or sucb
part)/pcrtIes for the u.:I<..l and pwpu~ IDC'llJoned .m the-mstnlme:nl
Notary Publlc III ODd for the Slate ofWashmgIon
Notary (Prmt) ____________ _
My .ppolllbnent cxpues ___________ -'-_____ __
l Dakd
Station Id :BWOH
KJNG,WA Page 3 of5 Printed on 8/11/2006 4:31:55 PM
Document: EAS 2000.0612001313
Branch :GOK,User :BLOE Comment:
SEWER LINE EASEMENT
DESCRIPTION
A STRIP OF LAND 15 FEET IN WIDTH BEING 7.5 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE OVER LOT 3 OF CITY OF RENTON
SHORT PLAT NO. 011-87, RECORDED UNDER RECORDING NO. 8802169005 IN
KING COUNTY, WASHINGTON STATE, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST NORTHERLY WESTERLY CORNER OF SAID LOT 3,
ALSO BEING A POINT ON THE SOUTHERLY MARGIN OF NORTHEAST 44TH
STREET; THENCE EASTERLY AND SOUTHERLY ALONG THE NORTHERLY LINE OF
SAID LOT 3 ALSO Tf{E SOUTHERLY MARGIN OF NORTHEAST 44TH STREET,
BEING A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIAL BEARING OF
SOUTH 07'19'43" WEST AND A RADIUS OF 308.10 FEET, AN ARC DISTANCE
OF 37.68 FEET THROUGH A CENTRAL ANGLE OF 07'00'25" TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 46'27'09" EAST 120.37 FEET TO THE TERMINUS OF SAID
STRIP;
THE SIDELINES OF THIS EASEMENT AT THE TRUE POINT OF BEGINNING
SHALL BE SO SHORTENED OR LENGTHENED SO AS TO TERMINATE AT THE
NORTHERLY LINE OF SAID LOT 3 ALSO BEING THE SOUTHERLY MARGIN OF
NORTHEAST 44TH STREET.
SECTION -24, TO'ANSHIP -24N, AND RANGE SE,WM
EXIT 7, INC.
BRYAN L. CAMPBELL, P.L.S.
BRR JOB NO. 99273.11
APRIL 4, 2000
Station Id :BWOH
KJNG,WA Page 4 of5 Printed on 8/11/2006 4:31 :55 PM
Docwnent: EAS 2000.0612001313
Branch :GOK,User :BLOE Comment:
= = -= --
. .
poe
~
BRH
BUSH, ROEO '" HrTCHINGS, INC.
CIVR. ENG .. EERS a lAND SURVEYQRS
20()St MINOR AVE E (201$) 323-4144
SEATT1..E. WA 98102-3513
.... .JOB NO 88273 11 3-4-00
EXHIBIT .-.l£
SEWERLINE EASEMENT SKETCH
PREPARED FOR: EXIT 7. INC.
Station Id :BWOH
1" = 80'
KJNG,WA Page 5 of5 Printed on 8/1112006 4:31:55 PM
Document: EAS 2000.0612001313
Branch :GOK,User :BLOE Comment: Slation Id :BWOH
\
J
. .".
.".
.".
~
KJNG,WA
RETURN ADDRESS
Pug" Sound Energy, 'nle
Attn, "OWo.pa_nt.08< liN
PO BOX_7D34
a.U.VUII. WA 8S00fJ..V7034
. .-.\ Nfl. M Ul"'P'"lj
EASEMENT
(customer forJll)
.::xCISE TAX NOT REQUIREI
rr='~-1,~, ( .!I-"L": •• ~.
ORIGINAL
For and In conskieratJon of One Dollar (S1.DO) and other valuable eonsldarabon 111 hand paid,
E:'ll iT ,..,! :r::NC • ("Grantor'" herein), It'a aucce_o,.. and a..,gns hereby conveys
and watTants to PUGET SOUND ENERGY, INC ••• Waehlngton Corporation rGrantee .. herein). tt's sueceasonr;
and SN.gna for the purposes her8lnafter set forth, a nonexclusive pe~ ::sement over, under. along aerosa and
through the following descttbed rea' prop.arty <"PropertY' her8fp) In~ County. Washmgton
SEE EXHIBIT 'A' ATrACHEQ HERETO AND BY THIS RE'FERENC!! MADE A PART
HEReO~ .
EASEMENT LOCA noN Except.a may be othEtl"Wtse eet forth heAl ..... Grantee', I'Ights aha. be ex.ercesed upon that
pCtfbon of the Property (the "eaa.me:rtt Area" herein) that's ten (10) feet .n WKfth haVtng 1'Iv_B (:5) feet of such WIdth on
each SQe of tile cent8rflne of Grantee's s.~tems loCaled as ~ttuct:ad or to be constnx:tod. extended or raloc;.ated
~:,roperty. excePt those portions of e Property occup.ed b)" buildIng footings. foundations, end/or sUb6urf..ac:e
1 Purpose Grantee shall have the ngM » construct. operat., maintain, repair, replace, Imprcv ..
remove, enlerge. and use the easement AToa tor one or mont utIhty ,yatema for purposes of transmiSSIOn.
dlslrfbubon and ... of gu and eIecb1C1tY. together wtth the rIQht of access over and acroaa saki Property to ena~.
Oranlae 10 execdll8." nght. henlundeT. A:a used herelnt the term "sy.tem." &had InclUde all appurtenances and
faeIlbee as .... neceslary. In the ludgmeP1 of Grantee, for the opwetk>n and maintenance of Mid sYatems
2 Grantor'. U_ of E •• eme"t A,.... Gfantor ag ..... not 10 erect any atructuAts on said easement Area,
and further ~ not to place tr&e8, rockerles. fencee or othet ob&truetIone on the Property ,that would tnterfere ~
the exerdse Of Gnilntee"a nghtS hereul
. ~ Q.
DATED thIS 117 ----ciay of r c ."'9 :r 2 .p
GRANTOR' By
BY
STATE OF WASHINGTON )
) SS
COUNTY OF ) ~
On"' .. I (Jf!J,;; of t·~ _~ me. a No~~"~""'t~w •• 1ungton. duly comm.8Joned and m. personally appeared e=p. r"::!!$ me knCIWn to
be the IndiJZSl<l=:ecuted lhe wrtNn and foragotng IMtnJrnent. a adcrtaWledgeCI that • signed ahe
lame .. • and voluntary act and deed for tne uses end puf1)OSea therein menboned
GIVEN under my hend and oftIcl88 $6allhls hereto aMxed the day and yeaf .n thiS certificate fitst above wntten
'1lytVr -Ie I -.2C'(, t7
(;USt fonn J 111999
(Print or stamp name of Notary)
NOTARY PUBUC In and Iof> tho State of
Wa$hfng1On.restdlngat (.IS tr4Jx .... # K<.llrVV/ J->/jr'
My appotntment. expu'8S '~' cil-~ 2e' it
Page I of2 Printed on 8/1112006 4:31:56 PM
Document: EAS 2000.0727000710
Branch :GOK,User :BLOE Conunent:
0-= = = .--
EXHIBIT "A"
Lot 3 of City of Renton Short Plat No. SP-011-87 (Exit 7 Incorporated Short
Plat), recorded under King County Recording No. 8802169005, said Short
Plat being a portion of the Southwest quarter of the Sontheast quarter of
Section 29, Township 24 North, Range 5 East, W.M., City of RentoD, King
Connty, Washington.
Station Id :BWOB
KING,WA Page 2 of2 Printed on 811112006 4:31 :56 PM
Document: EAS 2000.0727000710
", ",
jl '
I I, •.
• . ,
State of \'IB ... ~hlilgton
\ ! , . 'l'\l
-.:.----:.;
. --. .--
.~"'-...
. ..... ··.·!.I .. rtin Erickson
---,--' "\ ". '.-st~te: ot:·~W"shfiietor; .~'~,: _ '
1-:,' ~ ~In ~Or..31der"t1on. of or:e thous .. na 'eight' hund~e~ ~nd -nO/lOO (:!H, 800.,00) .~~l~'r.S, the ...:.. .
. ~'ee-1p1;-of which 15 hereby-aCl:nmvledc;ed, the Stat.e. of w"s~gton doe'S hereby--gr .. ~t, bar-
-Sh~1n-seil 'and convey ~n~o'll .. t-tln·Eric-k;on ·his heirs .. ~d .. s'sign'!-=:' tne following de~Crl?ed
< Eschea ted lands, situated in Kfng ·Collnt.y" Washington, t6~Vli t.: TI' .. ct. .is;> in r.,:D;J1nil!lall's '
.~LRke.-}V.!I.&hi~~OnGarden; of, Ed~n A<!~1tion. to,:'s~ .. t tie, .DivisionNo'.3 in King G'lunt1" -,-;.;;;~
. _. .'--. . ....... ' , . . . . _ .....
.. . __ wasb.1.Dgt.on, coz:t.aining'S -acr:;r-s more· or less. , '
• Th~bove described lands -ar~ sold sUbjecttiJ--all the provisions of' Ch .. pt;er 109' of .
'. ~ ! ",.
lhe, Session L .. ws of'1911 to_ wh1ch reference 1s hereDY made;-aM 'which sh .. n be iis.binding· , ~
· upon the'sr ... nte .... nd any suecessor in inte!'est of sa'1'dgrli~tee fig '1.llough-llet. ou~ at1..
. --.. -'. .'
· lenSth -herdn', _
;'The' grantor :hereby expressly saves, ex~_~pts' and Dest.rves out of·-the Rran~ hereby-
·made-Unto itseH' its successors .. nd
, -\ -'
.. sstgns forever, all 0115 •. gases. coal_ores,. miner·als. .. -_ ... _----..'
· and fOS s 115' or every' ,na~e. 7~klnd._o:r_d" 5 cr! ptio n,.a.r.d .which,mnY-.Jw".~;;tl.r,--,--UP'911,,_aa;1.d.,) a rrI s~~ '~~.';";';';'·'f..=-::-::::::F:;-:~._~·~~·:;"';-"-·-;;:-···· -.--"": -.-"., _ ...... _. ______ ._." I .. .
1-:liDove'"-desctib'eil,or;'my part thereof and the right.' to eXJllore~hc '~Il~ . for' such ,on., ,.
gas,.e"ii, coal; ·orcs. ;U.n';-ral~ .. nd' fossil9;"and it also hereby express'ly 9~ves-.. and;trle.fV~9' "
· ·1I.~:C....tlle-gP8ii t':her~ by~miLde"""llnto~.i 1.9 eH'~ci·tlY"suc e e S 5 ors' ·and :':I\S~!g11S""f'o':i'ffer • 'tHi!.: l'1ght· ••
~ .' • -• ~---;"-"-. ." _--""po ••• -_. ~ -. ". -. -. ~.tO,enter by itselt'.·-its .. gent.s, .. t.torneys alid servants upon said lands or any part .or, . · -.-.' . . -.. --. ': . __ parts_.thereof. at. any· 'lIld.all ~imes. fCJ.r the purpose· 0·f·.()pening-deve}(rp1ng-imd·-workinc;--•
.... -_.-:~lnes thereon. and t .. kiilg eu t .. n~removing the'r_~fr2.!ILal:Lsu~Ji_Qj.·ls.t'--gase s. eoal _Q.res ... ",
~ "7ml~e,ral~ ~Ifd~fO&ifi1s·.' an..~:-to-:-tilat -endl't' ~rtJiere~pre ~'ly~r~slii-v'ei-out' 'Of tlie~~C:-lt:-----·'
'1l~rliby·mnde. unto ItseiN its successors and ass.igns forever, ',~he rl~ht .by its.,or i-beir
"
-~.-.-'--.-.. -. ..-.. :-...< .• : ..... _. -_._ .... --...-... ..~-:. : ...... ~..-.. ..
• "gents·,-· servants and attorneys at. any~nd all time's ·t?_e·ree,teonstruet oaint .. in a~d-'use
· •.. -,;.
> llJueh buildings, m .. chinery. rOad.". arid ral1rOad~, sl~ such Sh .. fts."r·p.move sllCh' -;011 end
:O.,x:em&ln 6n said lands or any part t.hereof tor the business o'f mining .:*ct· .. t.OOCCUpy as
much ot' sllid l .. nd as . may be ne.cessilry or c":'E .. enient for the suecessful prosec~tion of 'such ,
.mining\buslness hereby-expressly.reservins to itself it.s suece~sors andnss'igns ":~'·· .. fore':::
.~. ..!_. • -. -) .• . • '-.,-'
· said, generally, all rights and powers in, t.o ... nd over said lands, whether'. herein exprllp!!-
ed or' no.-i" •. ···rells.on .. Pf¥ nece csary _ or convenient to render benefic i~l.and. eftic.1ent -the· .. '
=c -ompIe1le'.enjoyment. Of_ the 'property-and right;shereby express ly reserved": ;provlded :th~t.'
,'. ... , . __ .• .. ";... ."
, '. no .. right.. shall be exercis-ed .u.nder, ,th~ resel'vc.tlon by_.the State, . its: snce ._-.. ........:. .-..-
owner ·-Of the la.nd upon which the ..
. . .
.. ss tens· t.o .P~'-:.~~ .. F
iiglits-nei'ein r~Serv-;'d to the Stlite:.1ts.sucCes~
'gns until provisicn he3. ),een mooe by· t.he .state, -'its aucce-ssors. or
i i u?on the ..gra.ntee and any "~~essor in 1nte!'e~t or 58.111 FrJ~:-·--.. ') 'rt.s """t1l~h Se1t OU~ U-'1.--. ,J leng~h~h~~~~n:_.· J . . / ':t "The grltntor hereby' expressly saves, except5 and Il~serves out· o:t 'the "rant hereby
~ ~~:ade.: un~~ 1 tsel~ 1.tS.-su~~e~,sors._ and as_~~~gns' forever,. all oIls, gns~ s, cOIlI.ores, minerals
. -and t'osslls"oTevery nsme., ..l(1ru!· or __ descrJ.pt1!ln,_"J:.l<:k'!.hi.cll.,)IIS.Jl...h,e • .,1n;;..O.J' .. ull-on. • .sUd ] arxls......,.
~ '~·~-· . .:::=~-~:-=:-:~~~~_-~-_.:-~ __ :_~:~~.-.:~·""-:~o~ __ ~' .. ____ ~ __ , ... ____ _______ ____ .------------··-----1--'
.---aJ)o';"<i·descr1.bed, or any part ~hereof and the right>to explore .the same f'or' su~h Oil,
, gases, coa1,o::'os', .,mine'ra19 .. anil t'o~s11s;-and it also hereby expressly saVeS. and ·reserv· ... s
.<.:..+.out...oi ~the~gr·..rii.:h~reh1'~u:de"..un1i.;.:".1'ts ~Uti1 fill<SU C c ~s sors'and·:a S3 !gnlFf'(f;itVeT'''0'lie'"'''f!gn{= . ! .: . . " -.-. . -,-;--;:--, -~ "-_.' .. .
i.::;"-cto enter by itse It ,··i·ts-agent.9·,-att?rney s_ and .serva:,ts upon s aid lands' ~r any pan _or-
._. __ part.s. thereat' , at any· and-all t-imes, 't'(jr thepurpO.se of opening ··develolllng-·and-workin:;--··
.:.::..... jl!l,tnes .. ' thereon .. and 't.ak1ils~u t_ an!!....remov:!-ng.· the~r-"t'r~CI~.~::U __ Su9.h_o.1ls,-sa.lle ~aL .. ~Ees.-'.',
:,:..'! _min~r'al'n--"-riil:-f'osij'iTs, arilf'to:th!it-end--l t, fUrtherexpre ~ly~'resiirv'es--out of the' grl..;·t;'·-. -"-_.
. . /.--"'-. ... --~-' .... "': ... " . :..',-... . ... -'
'lI;;-rebY mnde; unto its\;Jf,' its successors and assigns forever,-.the right by its. or t.he1r
,/; --....." .. --~ ..
"gents·" servant,!} end attorneys at any ~nd all time's' to erec:tconstruct CIIl1ntain and 'use -. .
~ --.,-
===l_'al:LBuch bu1ldings:, machinery. roads ana railr'oad's, s1~ such shafts', 'r'PClove, such so1i .me
to, and'over said landsi
" and' ass"igns as 'af'ore-'
, "-.
. "-
whe tber. he.re in exprelJ!
.1 ; m1niilg"bus~ness hereby expre ssly r e'serving
. ;"'~~,-_.'--
'-. sa1d, generally, all r1ghts and powers in,
to itself' 1 ts 'succe "sors
-. --.: -, ... ' .... -.. _ ...
" ed or n~t,. reas.onap~¥ neceesary or convenient to reooe.r benef'lcif!ol and afflcJent -the:.:'
='~oiiip-nt'e-':enJoyrilent of the property and rights hereby expressly reserv~d":' ~prOv1d~d.:::th~t '.'-.~-_.-." . '. .' ....... : -. ...:!:." ...... ::-'~. ,-,:~JI. • -"_ .
. . no~r1ght.s.shall be eX,ercised .under tht" re~ervr.t1on by .. the .State, ~ts:;suCcimOn.:..or~ss.1--...... ---.... __ ........ . . ", --. .' .~~;'.': ~.'"
gtllI unt1l. prOV.isicn ha3, been made by-the State, 'its OUc~6'ssQrs or assigns ·to,p~·-.;t.o,th,e
:~:._ .. owner :-'ot' the '1 a,nd upon whi~h the rig!itsnir~1ii. res'erved to th~'~ti ~ ::~i~~.~~:~~;; ss~r;:~
-.~ .
',--assigns or souglItto b~ exerc'!sed, full payment i'or all ;lamBges sus ta1ned by .. :S~1_d_~v!t:ier
.\ :.... . '0 : -,:: ._._'
by reason of.entering upon said land •. , .-.--'
,To ha-v-e-a-n"'d-:-t-o-:-h-o"'l-':d:-'·'C'the.-.Said premises with the 11' app~r-terianc~'s ~;t«(.thesa1d
,. -, ,
_,;.. .J!arUn ETlckso.n his he1isand 'assigns forever.
-":",.;..
. <, ~-
(State of Washil:lgton' Seal)
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___ .. If:!. tne ss thif ·seo.l 'of ·the State affixedthls' 11 th--d~;;f'-;rulY'19i:'; -'--," ., .. -'
Ernest L1 ster,Gover.nor, . -t'-"
. ' " .
Atte';~: 'J •. Grant Hinkle"
, . I. : . AS~istllnt.Secretaiy·of . State. . -.,.,.
'-.. '
Volume 5 Page 577.
< .
>". County AU,t: i tor. ---.'-.~-.. ~.-._---.::.:,::::=~-
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Prepared By And After
Recording, Return To:
Gerald J.Plnzino
l1. o
Rea 1 Estate Legal Department
McDONALD'S CORPORATION
One McDcnald's Piaza
Oal<. Broole, Illinois 60521
RESTRICTIVE COVENANT
(Corporation or Partnership)
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Under a contract dated the 31st day of July, 1986, EXIT 7, INC.
("Grantor") agreed to convey to HcDONALD'S CORPORATION, a Delaware corporation
("Grantee") a parcel of real estate described on Exhibit A attached.
One of the terms of that contract required the Grantor to record a
Restrictive Covenant affecting the use of Grantor's other property.
THEREFORE,.,.in. consideration of the terms and conditions contained in that
contract, Grantor promises and declares that the property described on ,.'.'·>l>f'C,,, " 1."
Exhibit B, attaChed, will not be used for restaurant purposes for a period of
20 years from the date of the recording of this document. The term
"restaurant" shall lAean a food service establishment of any type deriving 251.
or more of Its gross annual sales from the sale of hamburgers, ground beef
products and french fries, Including but not limited to Burger King. Hendy's,
Honterey Jacl<.' s., Burger Chef. Hardee's, Dal ry Queen and Rax. .
7t1ntor has exe~u~;w~s Restrictive COy. enant, this L day of
2)
GRANTOR:
Attest:
8016J
HITNESSES:
r:2-l¢'rg.r:--: -
Secretary
88/0'5/09
REeD ~
':ASHSL
e.oo
110'533
............. s.oo
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STATE OF --C(rTV-,--'~'--' __ _
COUNTY OF _f"-.'lliY\-'-']+-__
AFFIDAVIT OF OWNERSHlp
(By Offi cer or Partner)
"
The undersigned. being flrst duly sworn on oath. deposes and states that
the undersigned is an'officer or partner of the above named Grantor and as such
has access to the records of the Grantor and knows of hls(her) personal knowl-
edge that the Grantor has title te all of the property described on Exhibit B
at~ached and that the Grantor owns no other property within a two (2) mile
radius of the property described on Exhibit A attached.
...
Subscribed and
Affiant
1/> 'N -'---'-'-'-' day of Il' (i v/ • 19~,
:j ..
:-,).)r <:..77 Hy commission e.xpires . "'.)' '{
(PLEASE ATTACH EXHIBITS A AND B)
ACKNOHLEOGMENTCERTIfICATE
STATE OF ______ _
COUNTY OF ______ _
The foregoing Instrument was acknowledged before mo on
19 __ • by , Vice PreSident/Partner, and
--,-.,-c~-=-....,.,.-oc----,.,.---=--' Sec reta ry. of ____________ •
on behalf of the Corporation/Partnership.
Notary Public
Hy commission expires
B016J
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Exhibit "An
Lot "1 of' City of Renton Short Plat No. 011-81,-recorded under
Receiving No. 8802169005.
Situate in the County of King. State of Washington.
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Exhibit liB"
Lots 2 and 3 of City of Renton Short Plat No~ 011-81. recorded
under Receiving No. 8802169005.
Situate in the County of King, State of Washington.
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IN THE SUPERIOR COURT OF THE STATE OF HASHINGTON
IN AND FOR .-!'",~ I:!i"'IC'--_-,. CO UNIT
THE STATE OF HASHINCTON, )
)
Petiticner, )
-vs-
}IA.1.GARET& C0IJ1AN (also shown of
record as Margaret Colman), a
widow; WALTER M. GERBER and
YOLANDA GERBER, his wife,
)
)
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Respondents.)
)
NO ._!'.61:.,3e..'7coJ~, )~ __ _
JUDGMENT AND DECREE
~-------------------------------)
i
\day
This cause of action coming on duly and regularly this
before the above-entitled court upon a written scipulation
.': for judgment and decree of appropriation, the petitioner, the ,
::State of Washington, appearing by John J. O'Connell, Attorney
" : ~e ne r aI, and ___ ..!R"'o""b""e"'ro-,t=-..!L"'.'-!,H"'o:.::lo-,t:.:z:.:c::,;l::,:a:.:w:-____ , As sis tan tAt to rney ;~,·~",'~.·.t,;.·,:.,." .... '. ;beneral, the respondents, Walter H. Garber and Yolanda Gerber, his
~ 'ewife, appearing by Haugan, Shellan & Pain, their attorneys,
.......
-'~. !
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,.,-.
• -,!S interesteJ
in the lands, real c~t~te, premisc~ ilnd ottler propert~' described
in the petition ~erein and as hereinafter specifically set fcrth,
have been duLy and leg...lliy s,~~rv.:d hoi tb notice-of this pruceeding as
required by law; anu .j ftL'( L'l):lS iJl'T i.n.l; th,~ '.Jritter stipulation iilt..id
herein conc8-!:"ning _the l.:ln:::i~~, r~~,ll t:St2.tl~, premise.:;; and other"property
sought to be appropriated Jod used by the State of \.!<lshington, said
petitioner, ror th8 purpose o~ a public ro~d and highway, and having
found therefrom that the dar:lagcs. including the vaLle of the land
appropriated together with the C,ccess rights, including air, vie\.
and light of the abutting property to the right of way oeing acquired
herein, resulting to all persons and parries interested therein by
reason of such a}'propriation of the lands, rE:al estate, premises and
other property her~i~after des~ribed are, in accordance with tbe
findings of the court, in the 5~~ of Twenty Thousand and no/lOO
------------------------------------Dollars ($ 20,OOJ.OO ), as a
proper amount and iltvard ~o be paid hy tb" petitinner herein, of
which total amount there is mying and payable for taxes to the
treasurer of King County the sur.: of Two Hundrecl Fort:r-t:l~o and 46/100
--------------------------------------Dollars ($ 242.i.6 ), now,
thereupon,
IT IS HEREBY ORDEBED. ADJUDGED AND DECREED that compensation
be made in money in the Sum 0;. l'<'"nty Thousand amI no/IOO -----------
-----------------------------Dl)llars ($ 20,000.00 ) to all owners.
tenants, encumbnlnccrs and all otlo"l: persons incerested therein,·for
the appropriation and use by said ?er.itioner of the following described
lands, real estate, promisees and other property, together with the
access ri.ghts including air, vie,·, ..lod light of the abutting property
to the ::isht uf t,.Jay be.i.n)~ :lC(l'-1ir0d herein from ~.:.lid respondents in
King County, \-hlshington. to \}i~:
78
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I TEM NO. 2 ) PARCEL UO. ! -2894
IMTERESTEO PARTIES: WAL TE R M. GER.SE r\ .Jnd Y OlM!OA GE RBEa. his ~~ i fe·.
OESCRIPTlOM:
PARCEL "A"
All that part of the following desCribed Tract "XII lying westerly of a line described
as follows:
Begin at a po1nt 250 feet distant easterly, when measured radially from the Center line
Survey of Primary State Highway tlo. I, ReMon to Kennydale at Highway Engineer's Station
454+06.1 S.C. (All Highway Engineer's St,tions to be hereinafter referred to as "Station");
thence northeasterly 380 feet, more or less. t~ a point SIO feet distant southeasterly,
when measured radially from said Center Line at Station :'57+50; thence northeasterly 145
feet, more. or less, to a -point 500 feet distant sou~heasterly, when measured radially
from said Center Line at Station 459+41. 3; thence northerly 115 feet, more or less, to
a point 70 feet distant southerly, wher. r..casured at right angles from the X-Lino Survey
of said Primary State Hiyhway No. I at Station X 1012+25; thenc~ north 50 45'52" west
140 feet; thence north 12058'32" West 160 feet, <rore or less, to an intersection with
the Northerly bound~ry of said Tract "X", and the ~nd of this line descripticn.
PARCEL "&"
All that part of said Tract "X" lying with,n a parcel of land described as follows:
Begin at a point 70 feet distant southerl 6, when measured at right angles from saId X
Line at Station X 1012+25; thence north 5 l{,'SZ" west 140 feet; thence easterly, parallel
with said X Line, ~90 feet, more or less, to a point opposite Station X 1014+00; thence
southeasterly 120 feet, more or less, to a point 50 feet distant northeasterly, when
measured radially from said X Line at Station X 1015+00; thence southeasterly 110 feet,
more or less~ to a point 40 feet distant northeasterly, when measured radially frOD
said X Line at Station X 1016+00; thence southerly, parallel with said X Line, 450 fMt,
more or less, to a point opposite Station X I02G+OO; thence north 88"19'33" west I'"~
feet; thence northeasterly 58.3 feet, mor" or le.~, to a point 1'0 feet distant weHerly,
when measured at right angles from said X Line at Station XIOi9+50;thence northerly,
parallel with said X Line, 32(> feet, more or less, to a point opposite Station X 1016+00-;
thence northweste,ly 90 feet, r.lOre 0" les., to a point 50 feet distant southwesterly,
when maasured radially from said X Line at Station X 1015+00; thenco waHerly, parallel'
with said X Line, 150 feet, more or less, to.a point opposite Station X 1013+31.14 p,e.;
thence southwesterly llO feet, more or I"",. to the poin~ of beginning.
TRAC T "XII
Property situate in the County uf King, State of Washington:
Tracts 183 and 184, C. D. Hi lIe".,,', Lake Washington Garden of Eden
Addi tior. to Seattle, Divi Sian tlo. 3, According to plat recorded in
Volume II of Plats, page 81, records of said county.
The lands being herein condemned contain an arCD of 117,000 squ"re feet, more or less,
th .. specific details concerning all of which may be found wIthin that certain .... p of
definite location now of record and on fi Ie in the Office of the Director of Highways
at Ol-ympia, Washington, bearing date of .pproval June r., 1963; and the center line "f
which is also of record in Book No.3 of Highway Plats, page 51, under Auditor's File
No. 5599887, records of King County, State of """hington.
TOCETHER WITH all rights of in~Fcss .:md c<JrcsSo. if <lny (includIng all clidstin9" future
or potential easements of access, I ight, view and air) tOt from and between said
Primary State Highway No. I and the remainderscf said Tract "X"; EXCEPT THAT there shall
be reasonable access to said X Line, easterly of Station X 1013+31.14 P.C.
I'flll\lll\Y HilT, IIIGIIWiW rIO. I.
RENTON 10 KENNYOALE
-3-
(UL. 111 -12-20-63)
, ·,l.'Ul ~ I . ~ ),_ 7!J
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IT [5 FClnHER Oi{[Ji:i(i::::J, .·.DjIjDGED c\,.;o DECi":i,D chat the respon-
dents 1lalter lot. Gerbel· anc Yolancia GerDe~, ~lis wife,
are entitled to their costs in tbe scm of Ten and notiCO n ________ _
___________________________________________ Dollars (8 10.00 ).
_______________________________________ ~xtk
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon pay-
ment of the sum of Two Hunn:::e:! Forty-two and 46/100 __ nn ____ ~-----
-------------------------Do1l3rs ($ 242.46 ) to the treasurer
of King County and the furth~r payucnt into the regi~try of the above-
entitled court of tbe ~um of Ni..,eteen Thousand Seven Hundred Fif9'-
seven and 54/100 ...... u _______ u __ Do11u.;:s ($19,757.54 ), together
tath costs herein taxed,~ Ten and no/100 -------------------------
. --------------------------------Dollars ($ ·10.00 ), making a
total of Nineteen Thousand Seve.., Hundred Sixty-sevell and 54/100 ----~
------------------Do1l3rs ($ 19.767.54 ) to be paid into the registry
of the court, the State of l-Jashingon. shall be and become the owner in
fee simple of the lands, rea I estelte, premises and appurtenances and
other property sought to he appr8priated herein, together with the
access rights including air, vie·.-l and ligbt of the abutting property
to the right of way hein;; acquired herein from said respondents, and
sball he entitled tc enter into possession there~f and to take, hold,
own and at all times tbereafccr use and possess the same, and tbat
such payment shall he in full LDr the taking, condemnation and appro-
priation and use of th'? silrce.
-;.-
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IT IS FU~ t.J:t ORDE.{F..D J A;";';·Ui Gc:l; A~ID D2:C: ! t:-.at tne respond.-
ents shall be pe=mitted to locate, place and construct utilities under
and beneath the X-Line road which will be constructed by the petitioner
herein. The X-Line road herein referred to may be located and identi-
fied within that certain map of definite location now of record and
on file in the office of the Director of Highways at Olympia, Washing-
ton, bearing date of approval June 4, 1963; and the center line of
which is also of recor;(in Book No. J of Highway Plats, page 51, under
Auditor's File No. 5599887, ~ccords of King County, State of Washing-
ton. Said ;{-Line road will be located wi thin that property designated
as Parcel "B" in the property description of Item No. 2 herein. Said
location, placement and construction of utilities shall be done in a
good and workmanlike ~nner at the risk and expense of respondents,
their successors or assigns, and shall be completed according to
standards and specifications of the petitioner; and said work shall
be performed pursuant to permit granted by the State of Washington.
IT IS FURTHER ORDERED, ADJUDGIID AND DECREED that upon pay-
-. ment of said award (less taxes) and costs into the re3isCry of the
court in this cause, the clerk thereof be, and. is hereby ordered and
directed to satisfy said judgment and to hold such sum of money for
distribution subject to the further order of this court.
DONE IN OPEN COURT this ~day of May, 1964.
Presented by:
JOHN J. O'CONNELL
A ttorney .General
Attorneys for Petitioner
Approv~d as to fo~~nd Notice
,'If PI ent/ation aived:.
" , I / prj "·.0
__ =.11'--. ~/ ------1/ &, .
N& P IN
l<espondents
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f"1h:d for RcconI aI RoqU<St of:
King CoUllI)' Wa/J:I: Dislrict No. 1 f11
7415 1291h S.B.
Rtlllon, WA~6
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NOTICE OF ADOPI10N OF
WATER AND SEWER LOCAL FACILlTIES CONNECl'lON CHARGE
King CwnlJ WolD Di.!trict No. 107. King CoonIJ, WI3hiDgIoo, bad»' gives noIiccof
thcadoplion ofc:a1>ia w>I<t IU1d sewer local facility connccIioa chaJ&cs ~ '" RcsoIIIIion
No. 1m adopted by thO BoQId of Commiuionen .,. JanllOl}' '1:1, 1993 applic:able '" !lie IRIS
shown on the map atadI<d hcIeIo as Exhibit· A ••
VICTOR CARPINE, SecreWy
Boord of CoInlniJ$Ionen
King Couaty Willa' Dbtdd No. 1f11
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nnnnKtNO COUMTY
u..:;...;.J WAn" DlSTfilCT e:=::::::::J HUMleft 101
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KING COUNTY WATER
DISTRICT NO. 107 BOUNDARY
EXHIBIT A
vICINITY MAP
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nu', ~·"-.::f PROVIDED FOA AECOROER'S USE
J~H "
Whtin n.cor9d Return to a ... ; I
·,:f (.
~AME Michael J. Wensman, P~S.;.,,' •.
ADDRESS _§~~te ·qo, 2200 6th Avenue
CITY. STATE. ZI~E!.C!tli:'J . ~f\_ 98121
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DEED OF TRUST (For use in the State ol.Washington only)
. ,987 . belWiHm THIS DEED OF TRUST. made this 13t h day 01 Jan ua r y
Exi t 7, Inc. . GRAN-TOR ...... hose address 15
~/o Michael J. Wensman, Suite 430, LLOO 6th Ave., Seattle, WA 98121
Michael J. Wensman . TAUSTEE.who~addressj5 Suite 430~ 2.200 6th Ave."'.
and DeVere Jerry and Angelina D. Burtenshaw . BENEFICIARy.
whose9CktfessiS 7201 Holly Hill Drive, Mercer Isl~nd, WA
WITNESSETH: Grantor hereby bargains, sens and tOflveyS to Trustee in l,u:;l. win, power 01 sale. the following dft$Crit6~ r.:tal proper'ly ,~
King CourIty, Washington'
* Seattle,' WA 9812)
That portion of tract. 183 and 184 of C~D~ Hill_en's Lake lrIasbington Garden of Eden
addition to the City of s.8ttle, Division NO~ 3, according to the plat r~orded in Yolu..
11, of Plats, Page 81, in King COUnty. Washington. lying .aaterly. southerly and .eaterly
of priaary Stat. High_V No~ 1. as cond •• n.d for highway purpos.s by the state of
....,ington under I.!ng County Superior Court CGus. No. 613780 including that portion of
County JIoed V4C4t~ by Ordinance No. 2111 of the City of Renton.
which real pI'OJ)8t1y is not·used PJil'!cipalfy lor agrocullural 01' larming purposes, together wi.h all the I_men,s, heredllamenlS. an(l appurtenances
now or hereafie, the,eunto belonging or ill any wise apperlaining. and 1h1l renls. issues and profits 'hereof.
Th'IS deed Is for'he purpose of seeuring performance 01 each agreement of granlor herein conlained. and pavmen' 01 .he sum oL __ ~ __
-Dne ... .MJ ... U .. t..on_tludy fille tbo,rsand and.....00/IOO ____ DoIIa'SIS,_l.,.0.J.5..a..O~._ ....... _. __ .1
wiln inter"'. '" ac;:cordante M.h Ihtt t8fJn$ 01 a promissory note or even (late herewilh. payable 10 genefic:lary or ('I'der. and made by Glamor. ancl
. aN retleWaIs.. modtficaUOM .. 'XI •• rensionSlhereof. and also such funher' sums as may b& actvaneed or loaned by Beneficiary 10 G'anlor. or any. 01
lheir SUCC:8S$OrS Of assignS. together With ."h"eslll'Iereon al such rale as shall be agreed upon.
To. protect lhe securMy :If Itlla Deed of Trull. Grantor CO'Ienants and ag,ees:
1. To ~~ .. , the propeny in good condition af'(! repair: 10 permit no waSle Ihclrool: to complete My building. structure Ot ,mprovemenl bllrng budt
or abouilO be builllheJeon; 10 '&$lore prDmPlty any building. $I,uelure or rmprovemenllhe.-eon whi<:h ~''''y be damaged or OeSlr~e(I: and comply
wilh all laws. ordlnanCe$. regulations, covenants.. conditions. and restriCtions affecting Ih. properly,
2. To pay betore delinquent an IawruJ la:rrH and as.se$!mftnls upon the property: 10 kHp the ~I fl1!it and cktar of ali oIhet" charges. heftS or
encumbranees lI'npal,illg IIIe seas,ily 01 this Deed oJ TI~t ' '
3. To !o:eep all buildingS r.ow or here~fle' erecled on Ihe property deSCribed herem continuously Insured aoarnsl toss by lue or other haz8'd'!: :ro an
amounl no! less than the 104~ .:'9b1 secured try thIS Deed of Trust All pohe'es shall be hfrld by Ih. Bene4lctary. and be In such compirnlM as lhe Benellc\ary
may approve and have loss payable Irrsiio the B8I'Iefl(,ary, as liS ,nle.esl mil)' appear, and then 10 Ih. GranlO' The amounl coltecled under anv on·
SU'ante polICY may:;,. applied upon a~y ,ndeblectrHtss hereby MCu'ed ,n such oroe. as lhe BenllfiClary shllll determIne. Such applocalion by the Benellcla..,.
shallllOl cause di$Conlinuance or arty proceedrngs to lor&elo, Ih,~ 09(>'(1 01 T,uSI In Ih. even! oIIOfC1:'t'O$Ure. all lights or Ine Grantor ,n .nsural'lCe
policies then ~n k>rc. shall pau 10 th. purchasEI' ~I lhe 1019cmu.e sale
4. To defend any aclron Of proce.dlng pUrport"'o 10 a"&tllhe secu',I.,. he.$01 Of Ihl! flOhlS or powers 01 BenefIClarv 0' ""US1e9. an(l 10 pay all costs
arH1 •• pe.,ses. Inciudll'!9 COst 01 hll. search and oIIIltorn'Y', leM ,1\ a .easonable amounl. rn any such iKliOrr 0' procee>dmo. OlIno 11"0 any su11 brouohl
by Ben~,cla')' 10 IOf~Io" th" 0"" 0' T'ual
~. To pay all CO .. I ... re ... IInd •• pen .... rn corrnechon Wllh Ih,. 0880 01 Tlu~I.,I'\C.ur:lrng 1M 8'IIp.mM,01Ih. T'uslee ,I'e,moo,n flr.IOIc,ng Ihe c-bhgaloon
ucu,1fd here!)y and TIU.'H', and Illorney' .. IDe. acl",Jry 'ncurred. as provrded b~ slalute
8, Should G"",or "., 10 pa~ wtren due ."y I •• H . .aM"mantl, Insuranc. p'em,ul'rll. Il&nl. ~Curnt»ltlC.' Of other Ch.'glli~ .CJlUnsl II'Ift Plope.'y
her.IIl'boy. d.fC"~' Berr-'IC"ry rNy pay the "m., "nCllh •• mounl ~ pltld wl'h ""I., •• , 11 IMl'" HI lonh 1,\ lhe nOI. "C\,lr~ h.r.by .• rllllil
bo td!fed 10 81''1 bKom. , p.rt of 11'1. d.bt HCUled 'n lilt' DOed 01 Tru.t
IT 15 MUTUALLY AGREED lHAr
I. I" the .~90r a"Y' J:>OIIIOO "I Irw p:op!tJIy ilt 1.10." or dllmAQltrl ,n it" ",mlotrnt domarn proceadln~. Iha 'mll,s 3rnounl 0' the Rwnr,l o. ~ur.h porho"
118 mllv r:t OIll::.~l'IlIIty 10 fuItv ~A\I~ry Ih. otI'I'o-t!On !JtIICu'elJ ho'otJy, ~hlill bit pall' 10 ".n~ICI;t.y 10. be lII.Jphoo to sa,,1 Dblly .. l....,..
2 By /tCCtlf!'IIIU pWjlmenl of Any .um !\lIICur~ h"rttiry ~ftl!' Its duO' dllt", " .. .....t.... .' ,",i nOf ...... ,Vl'! lis "91>1 If' rP(lUIlf! ptompr P"yrT>0111 Wh,," dut!'
011'111 oih ... "vm, so !oIPCU'OO or 10 dKlarrt oolaull l(n lallule 10 ~o roAy
3 The ltust" shoN rft'COO"IVIty "It Of aroy pall olltm prOJl('I'Y COVll',fflt by 11'>,,, r~ of TruM to IJWI pel!'Oll omhllfJd ltuHII'IO. on wllltel'l request 01 the
OUintor al"lo 11'111' 8enehc,o.y. Of upon SOh,llIcllUn 011"",, 00log1l110/1 see'I'l'd An,I"",III.II1 '81")\1(>51 '0' IlIConvey"nCII made by the Rena11(131)! or tho per$Ol"I
enlilled therelo .
.t. Upon dolatoJll by ~ranlor in the payment or any mdebte(Jness se<\I'~ hf1lcl)y O' In the-pflrlOfmanCf! ,11 Ally a!l'ffll'lenl eon''Ilnod t",fIrelrl. all sums
secu,ed herBby shall immed.alfttv b9c0me (lue and payable al th", ,,~roQn 01 Ih., BenelO(:\,lp, 'n s>uch eve"l and 1.IP'1II .... "lIe;"> '~"wn51 01 Bnnetr~'ary.
'rua1l1K1l1ihnn selllhe Ifusl pt6PEtrty, It'I attordance ""Itt lhe Deed 01 T.u!.t Ac! ot Ihe S:ale 01 W8$hn"lglon. 011 publl(: auction 10 the hlghe!.t b".ldl!'f Any
person •• copt Truslf"e may bid at Tr·J!.lee·, sale. Truslee shall apply Ihe P'<x:e-ech. ollhe sakr as lollows. 11110 rhe p'",~n5e 01 :h", salO. im:I" .... ,ng a
re&sOnatll8 T,uslee', tee Bind a!1ornr)·:.I.e: (21'0 lhe OOllQa1l0n ~eClJred by lhos Deed 01 Trusl: (3) the SUI plus. II any. shan bed,slr,buledtolhe pe'sons
I1f"1IIIIeo Ih&t"eto.
5. TrtoJ5tee Mall detiv .. ;0) II1e-purt:hilser at the sale its deed. WIthOut w"rranly. whO(:h snail c~ In the purchaser the ,nletest In the plOparly whlcl1
Granlot I'1ad or had the powe' 10 convey al the lime 01 hiS exeeul,on 0' l!'l.S Deed ('I "ust and SOlCh as!'te may have aCQUired thereane'_ TrUSle8'S
deed shall lecile lhe faelS .shuI!;ing Itralttre s~1IJ was t:orn:iuCted ,,' camphane,," W'fh ailihe 'equoremenls 01 fa"" a"" ollho$ Deed 01 T,us!. whlct; leo;:;la'
shall be prima lac .. ovidel"lCft 01 5UC~ compl'Br""\Ce al"ld COIIcluslve-ev,denCE; 1he.eol III laVOl" of bona fide pu,chaser and encumbrancers 10' value
6. The p:>wer of sate conferred bylhil> Deed of T,usl andhy the Deed of Trust Act OIIM Slale of Wash,nglonlS nOI;an e.cluslVe 'emedy: BencrOClary
may C8USf1thiS Di-ed of Truslto be rClleclo'$$d a, a mortgage
7. h'lth& tMl:nl 01 the doeth. in:apaocity. disabrllty Of resignatIon 01 Truslee. Benelicial)! may appalrrt In Willing a successor IruSI". and upon rhe
reeotding or such appointment OR thlJ mor1Qi1ge records. 01 the counly on which Ihi$ Deed or Trust IS rll'Corded, the successor trustee shall be vesled
with all powers of the OI'iginaf !JuSIef!. The trustee;s no! obrogaled to I"rOllty any party her4<lo or pendIng $3le under any olher Deed 01 Trust or of any
acliorr 01 proceeding in whic~ G,antor. Trustee or Beneficiary ShSII oe 11 party unless such aclion or proceedl1lg IS broughl by the Truslee
ft. This [)eoed of r,usc apPies 10. inures to !he beneftt at. and IS binding not only on IhEt panoes hereto. b\A on thetr heirs. dev1sees. legatees. aomlniSO"atO'S.
eJfecUlOl"$ aM aS5ignS. The tum Beneli!:iary shall tne'an lhe holdel and owner 01 !tie note ~ured hereby. wlK!ihe. or not named as Bflne-flClary her("1n
STA rE OF WASHINGTON
: .. ____ . } ss COUNTY OF __ . ___ , __
On this day personally appea-roo be-tore Ine
10 me kBOWllIO be the Individual o~ribed In and" wtIQ
e)lftCUled lhe wilhin and torftgOing ins:rumenl. and
ac~ged lhat ______ . _ sigr:"oed the same
u _______ f'ee and voluntary acI ;md deed.
tor the uses and purposes therein mentioned.
GIVEN undef my hand and otlicial seal l!"Iis __ _
day of . 19 _____ .
Notary Public iI'I and lor the Statllt orWitshingron re5ldong at
Exit 7 r Inc.
Thom'al---5----o'''e~V-l-r-n-,-''pr es~;--?::
By:
STATE OF WASHINGTON }
COUNTY OF ..• 'tU, ... n-h--... . ____ ... _ S5
On Ih,s ._. ______ .,1 __ ... __ .. __ ... _ dayol __ . __ .Jd...o..ua..qL ____ _
19_Q] ... belo,e me. the .. mdelslgnerj. a NOlary PublIC 0fI and 101 tile Slate 01
WaShIngton. duly wmmiSSlOned a.\Cf sworn. personally appeale<l •. _______ .
_ '!-; !!Q.ff.!..a ~ _ J~~_YJ_!"'~~ ____ ~ ___ ._ .. ___ ._. _. ____ ._
and .. ___ .A.ru}.e.l.ina._Bll..l:...Le n S b a w
10 me known 10 be the President and ______ Secretary.
.e-speC!lvely oIJ;1Cit ... L_ . .ln~. ________ .,._------
lhe corporalrono lhal e",ecuted Ihelotegoing II'lSirument. and aCknowledged I~. said
,nstrurrrftolllo be the Iree and voluntary act and deed: of said corporation. lor Ihe·uses
and purposes lherein menltorted. and on oath slaled that ""',,"e ..
_ __ we re ____ authorized to execule lhe saio~.'i:tW~ .. at The .. .... -... ,~.~,
seal allixeCIrs he COfporate seal 01 said corpotatioft. / •••••• \ ••. ;~ ........... \
~_'! my icialsealheretoatmedtheda/~h·~~
. 'l' !;tOft \ '_.
-",'~ Q.
N ary Publ' .nt.*lI'fLO""'"! "... ...~ .. ok;: I-••• • .. ".
REOUEST FOR FULL RECONVEYANCE
'-~!Fji.) -=:::.HI .....
00 not ,8COfO. To be used only wtren note has been paid. "
TO: TRUSTEE
The U'ldersignect is Ih.legal owner and ItoIder of the note and an olhe' ,ncnblad".,S secured '>'i ,he wilh;n. Dfi.d 01 T-"'51 SaiCIl"'Ole. togeihe-r Wllh
at! olhe'" indeblednllSS S8CUfe(l by said Deed 01 Trvs1. has been funy palet and salislOed: and yo .re heJeby ,&quested anet d.rectet.. om pIIymllt"IIO
yOu at any sums Gw*ng to VOIJ under !he Ittfms of said DeIItd 01 Trust. to cal'lCel said nole above mentioned, and aU oIher evidences ollndebledness
securlltd" by said Deed at T,u$1 delivered 1o}.)U hervwilh.IOOIItlhar wllh the saId Deed 01 TIUSI. an.(! to reconvey. Mlhaul warranty. to the parlolltSdestgnaled
by lhe terms 01 sa;d Deed ." Tru$l. alilha eSlale now hefd bv you the'e"l\de'
Dated __ ...... _ .. , ______ . _ ......
SAFECO StOCk No WADT·OO1' tR,¥ 5·8tl1
= ....
=
....,
=
WHEN RECORDED RETURN TO
EMILY LUNDSTEDT
KINDERCARE LEARNING CENTERS
650 NE HOLLADAY STREET, SUITE 1400
PORTLAND, OR 97232
CHICAGO TITLE INSURANCE COMPANY
RECEIVEr
1 MEMORANDUM OF LEASE Order Number 000553836
2
3 THIS DOCUMENT IS BEING RE-RECORDED TO CORRECT CHICAGO TIllE INS CO Go
REf# ti:zw.i~ TP'f>· t THE LEGAL DESCRIPTION
REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED
CJ Add1t10nal reference numbers on page __ of
GRANTOR(s):
1 EXIT 7, INC
2
J
o Add1tlonal names on page ___ of document
GRANTEE ( s) •
1 KINDERCARE LEARNING CENTERS. INC
2
J
r:::J Addltl.Onal names on page __ at document
AI'UV1AZ'lJ?
lot-Unit 3
Section
LIQIL DISCRIPTIOUi
~k V~ume
Township Range
Page
Portion
document
::; PlalName RENTON SHORT PLAT 011-87 (#8802169005)
~ Em Complete legal descr1ptlon 15 on page ~ of document
ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT HUMBER(s):
334330-1141-02
Add1t10na1 Tax Accounts are on page __ of document
Note ThiS cover sheet IS prepared to conform to the requlremenls of Chapter 143. Laws of 1996
Nothing on this sheet alters the names. legal description or other Information In the attached document
The only purpose of thiS cover sheet IS to assist the auditor in indexing the document in
conformance WIth statute
The Recorder W1iI rely on the Information prOVided on thiS form The staff Will not read the documenl
to verify the accuracy or completeness of the indeXing InformatlOl1 provided heretn
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en
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= = "" = = = = "" =
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MEMORANDUM OF LEASE
This Memorandum of Lease is by and between EXit 7. Inc .• a Washington
corpomtion ("Landlord"). and KinderCare Learning Centers. Inc.. a Delaware
corporation ("Tenant"), pursuant to the tenns and condinons of that certain lease
("Lease") (described below) by which Landlord has demised to Tenant, and Tenant has
accepted such demise from Landlord, the Property (as hereinafter defined) upon the
following tenns:
Date of Lease: f»CA Ie h.::> . 2000
Description of Property: See Exhibit A attached hereto
Commencement Date: The Term (as hereinafter defined) of the Lease sball begin
on the date Tenant opens a child care center located on the Property for business to the
general.
Term' Two Hundred Forty (240) full consecutive calendar months (plus the
partial month in which the term commences, If any)
Extensions. Two terms of five consecutive years each.
Restrictive Covenant As a material inducement for Tenant to enter into this
Lease, Landlord acknowledges and agrees that during the Ininal Term and any
Extension(s) no property presently or hereafter owned, leased or controlled directly or
indirectly by Landlord within the development of wluch the Property IS a part or within a
one (1) mile radius of the Property shall be sold, leased, managed. used or occupied for a
child care center, pre-school or other type of business that provides child care or pre-
school services.
Development Restriction: As a matenal inducement for Tenant to enter IDto this
Lease, Landlord acknowledges and agrees that during the Initial Term and any
Extension(s) no property presently or hereafter owned, leased or controlled directly or
on = '" = <=:> = <.0
= ~ =
= = = '"
to
en
U') = =
'"'" ""
indirectly by Landlord Within the development of which the Property IS a part shall be
sold, leased, managed, used or occupied for sales of alcoholic beverages for off-preffilses
consumplion to the extent that such sales constItute J 0% or more of the revenues
generated at such property (liquor stores are strictly prohibited, however, it is intended
that convenience stores such as a Seven-Eleven will be pennitted), an off-track betting
busmess, casino or other gamblmg estabhshment or any establishment offermg the
provision of goods, services or amusements from winch minors would customarily be
excluded because of the sexually explicit nature thereof or for any other reason, such as
adult book stores, massage parlors, brothels, public or private bathhouses, escort setvlees,
adult movie theaters, adult video or mOVIe areades or other establislnnents which display
adult movies or adult video recordings, or establishments winch display erotic, stnp, nude
or semi-nude dancers.
The purpose of this Memorandum of Lease IS to give record notiee of the Lease
and of the rights created thereby, all of which are hereby confumed.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Lease as of the dates set forth in their respective acknowledgments.
WITNESS: LANDLORD:
EXIT 7, INC.,
a Washington corporation
~~~ ~~:!~ ,~ ~
STATE OF WASHINGTON )
) 5S.
COUNTY OF KING )
~(l.,,,,,
foregoing instrument was acknowledged ~fore me on Fehruary ~ 2000,
by , the VCo,,6,.::I-of Exit 7,
Inc, a Washington corpo 'on, on behalf of the corporation
LO
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en
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IN WITNESS WHEREOF, Tenant has caused this Lease to be executed and
sealed this ., .~ day of Nbruary, 2000.
WITNESS:
":\'" I". \)c.C0 ,
TENANT:
KINDERCARE LE
INC .• l!,.a Dcl!lWll!~
~ STATE OF OREGON ) = )~
"..... COUNTY QF MVLTNOMAH )
~ ";\/\~,-h = ~e foregoj~ instrument w~p~owledged before me on ,el!rIIII:P) ~. 2000,
= by,.$? 'L~\ , tbe\J! ~ ~~ of KinderCare Learning Centers,
g Inc. a Delaware ~ ration, on behalf of the corporation . .,...
!ary Public for the Stal~f Oregon
commission Expires -<;)3-;' -C§::::.
•
OFFICIAL SEAL
JACQUEUNE S HARRISON
NOTARY PUBLlC'()REGON
COMMISSION NO 329443
MY COMMISSION EJ<PIAES NOV 30. 2003
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LEGAL DESCRIPTION OF THE PROPERTY
V01CUME:NT PREPARED BY AND
Jrnml!llCJlllE
BRYAlI' La CAJlP8ELL~ P.I..S.
BRR JOB NO. 9927l.10
KARcH 20, 2000
..,....,n SHOULD BE RETURNED TO:
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EXHIBIT A TO MEMORANDUM OF LEASE
(Renton, Washington)
That portion of Lot 3, City of Renton short plat number 011-87, recorded under
recording number 8802169005, in Kmg County, Washington and further descnbed as
Begmnmg at the Southwest corner of said Lot 3, also bemg a point on the North Margm
of Northeast 43rd Street; thence North 01°14'51' East 20850 feet; thence South
88°45'09' East 146.19 feet to a pom! on the West margin of Northeast 44th Street. also
being a pom! on the Easterly line of said Lot 3 and the beginning of a non-tangent curve
concave Southwest and having a radial bearing of South 65°24'16' West and a radius of
318 10 feet. thence along said curve and said West margin and said East line, Easterly
and Southerly an arc dtstance of 14584 feet, through a central angle of 26°16'06';
thence South 01°40'27' West 9 87 feet along S31d West margm and S3ld East line, thence
South 29°05'34' West 65.15 feet along said West margm and said East line to a point on
the North margin of Northeast 43rd Street and the South hne of S3ld Lot 3, thence North
88°45'09' West 147 49 feet along said North margin and S3ld South hne to the True
POm! of Beginnmg.
TOGETHER WITII those certam easement nghts for access/parlang as estabbshed by
Declaration of Easements recorded under Recording No ~~I'2tlOO9\"'"
.....
en
OJ) = = = c-..o
WHEN RECORDED RETURN TO
DAVID W GREEN AND MAUREEN FLANAGAN
STeEL RIVES L L P
900 SW FIFTH AVE , SUITE 2600
PORTLAND, OR 97204-1269
® CHICAGO TIfLE INSURANCE COMPANY
DOCUMlN'l' TITLI esl
1 LANDLORD'S ACKNOWLEDGMENT AND CONSENT
2
3
I
REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED o Add~t~onal reference numbers on page __ of
GRANTOR (a) :
1 EXIT 7, INC
2
3
c:J Add~t~onal names on page ___ of document
GRANTBB ( a) :
1 KINDERCARE LEARNING CENTERS, INC
2
3
CJ Add1tl.onal names on page __ of document
UURyIATID
lot-UM 3
Secbon
LIGAL RESCRIPTION;
Block Volume
Township Range
Pege
PortJon
RENTON SHORT PLAT 011-87 (#8802169005)
document
PletNeme
IICCI Complete legal deSCr1pt~on ~s on page ~ of document
ASSBSSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBBR(s)s
334330-l.l41-02
Addl.t10nal Tax Accounts are on page __ of document
Note ThIs cover sheet IS prepared to conform to the reqUirements of Chapter 143, laws of 1996
Nothing on thiS sheet alters the names, legal descnptlOl1 or other Information 11 the attached document
The only purpose of this COlIer sheet IS to assist the auditor In Indexing the document In
conformance wfth statute
The Recorder WIll rely on the Information rroVlded on this form The staff WIll not read the document
to verify the accuracy or completeness 0 the indexing information prOYtded herein . ,,_ 5-911r 1m
r-
en
..n = = = .--.
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nus mstrument was preparcc1
by and after rrcordmg
return to
Sloe' RIve! L L P
900 sw FJfth Ave ,
Suite 2600
Portland, Oregon m04-l169
Aiton n.VJd W Green
.nd Maureen Flanagan
(Space above dus hne ror Recorder'. use)
DATED
BETWEEN
AND
LANQWRD'S ACKNOWLEDGMENT AND CONSENT
(Renton, Wasblngton)
March 27,2000
EXIT 7, INC.
elo DeVere Jerry Burtenshaw
1500 114th Avenue S.E., #185
Bellevue, WA 98004-6922
Phone: 425453-2400
Fax: 425455-8554
KINDERCARE LEARNING CENTERS,INC.,
a Delaware corporation,
havin& its principal office at
'SO NE HoUaday Street, Suite 1400,
Portland, Oregon 97232
Landlord
Tenant
Landlord IS the landlord/lessor under that certam ground sublease, dated March 3rd,
2000, as amended (the "Ground Lease"), between Landlord as landlordllessor and Tenant, as
tenantliessee WIth Landlord's consent, Tenant IS conveymg to a synthetIC lease fmancmg trustee
(as secUrity for obbgaoons owed under the syntheoc lease financmg) Tenant's leasehold eslatc:
pursuant to the Ground Lease and appurtenant rights and easements under such Ground Lease (the
Ground Lease and such appunenant rights and easements are, collecttvely, the "Property") A
Memorandum of the Ground Lease between Landlord and Tenant was recorded (or IS bemg
recorded) on April 6. 2000 m the OffiCIal Records of Kmg County, Washmgton under Recordmg
No 20000406000205 and rerecorded on I'4wt d,~ as Recordmg No ;2oa:l651 O1ooD9Icp
A descnptlon of the real property covered by the Ground Lease (the "Real Property") IS attached
Page 1 -LANDLORD'S ACKNOWLEDGMENT AND CONSENT
Klndercare Learnmg Cenle~ Inc. ~ Synlheuc Lease Fmancmg FaC:llUy
(Rmt .... W ....... gtOD)
Pon)ndl·201 5134 2 0028954-00004 1
.....
en
<=>
to thIS Landlord's Aclcnowledgment and Consent (the ·CODSeD''') as ExJublt A and IS by this
reference made a part of it
Tenant finances vanous acquisitJons and development of real property by ulIllzatJon
of a certam synthetJc lease financmg facIlity ("Synthetic Lease Financing·). under which Tenant
causes the ground leasehold estate In property 10 be conveyed (by sub-ground lease or assJgruJJent.
In form acceptable to the parties prOViding such SynthetiC Lease Fmancing) to a trustee under such
SynthetIC Lease Fmancmg. Tenant has requested Landlord's agreement With the terms of tI1Is
Consent In connectlon WIth such SynthetJc Lease Flnancmg, and any replacement or refinancmg
arrangements !bat may be obtamed duong the lenn of the Ground Lease Tenant WIshes to have ItS
Interesl In the Property conveyed to the Trustee described below, m conneCIJon WIth such SynthetJc
Lease Flnancmg
Landlord hereby consents to the subleasing or assigmnem of the ground leasehold
estate pursuant to the Ground Lease and the pledge and assignment by Tenant of Tenant's nght, nde
and mterest In and to the Ground Lease. Tenant's ground leasehold estate and Tenant's mterest In
nnprovements on the Property, or any portion thereof. to wn.MJNGTQN TRIJST COMPANY.
not In lIS Indtyulua! canacky but solely as Trustee of THE KINDERCARE REALTY TRUST
1999. a Delaware buSInesS trust. with an address clo WtImmgton Trust Company, Rodney Square
North, 1100 North Market Street, Wilmmgton. Delaware 19890-0001, the trustee 10 connection WIth
the SynthetiC Lease Fmancing ('Trustee") and TIlE CHASE MANHATfAN BANK. a New York
banking COQI011ltion, whose address IS 270 Park Avenue, New York, New York 10017 (as agent
for certam lenders In connection With the Synthenc Lease Fmancmg) ('Agent'). and their respeCl!ve
successors and assIgns, and any lender(s) subsequently advancing finanCIng to refinance !he loan and
Indebtedness m connectIOn WJ!h the SynthetIc Lease FInancIng (the "Lender' or, collectively, the
·Lenders"), and all additIOnal, replacement, refinancing, consohdaIJon, or subsltlUtion Ground
Leasehold mortgages, trust deeds, security assignments, pledges, and snmlar secunty mstruments
hereafter gIVen by Tenant, and ItS successors and assIgns, thereon (the 'Loan IDstruments') In favor
of the Lenders Under the Synthetic Lease Financing, AgCll! IS bemg granted a mortgage on
Improvements constructed by Trustee and is the first-Hen mortgagee on !he ground leasehold estate
under the SynthetJc Lease Fmancmg documents, and Trustee will hold a ground lease estate (by
sublease or assIgnment, m fonn acceptable to Agent) m the Property, as secunty for obllgatJons
owed by Tenant under such Syntheuc Lease Fmancmg and is the second-llen mongagee under a
mortgage hen on the ground leasehold estate
nus Consent IS intended to create certam agreements between the parttes and the
parties to the SynthetIC Lease Fmancing W1th respect to the Property, but does NOT Involve
Landlord encumbering the lee title or the Iandlordllessor's Interest In and to the Ground Lease
(it being acknowledged that the Ground Lease Is, and wDJ remain, an unsubonJfnated Ground
Lease as to Landlord's mterest BOd the fee title)
Page 2 -LANDLORD'S ACKNOWLEDGMENT AND CONSENT
I<1ndercar< Lea""", Cenrm. loc • SymlleIJc Lease Fmancl"i Facdny
(R .. t .... Waslun8too)
PortJmU-2015J14 2 00289S4-00004 2
.....
en ..,..,
<=>
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Until Landlord receives wntten notice from Trustee and Agent (as agent for the
unders) that the Synthellc uase Fmancmg documents have been released and the Property mterests
held by Trustee and Agent are released and reconveyed to Tenant, Landlord agrees that
I Amendments Prior to the date of thiS Consent, there have been no changes, supplements,
amendments, amendments or modIficatIOns to the Ground Lease (except for any noted above
ID the descnptlon of the Ground Lease)
2 Ground Lease in Effect The Ground Lease IS 10 full force and effect, there IS no rent
under the Ground Lease that IS owed and unpaid to Landlord, to the actual knowledge of
Landlord, there are no present events of default under the Ground Lease, and Landlord has
not actual knowledge of any events which, With notice or the passage of tnne or both, would
become events of default under the Ground Lease
3 consent to Transfer. Lien and Security Interest Landlord consents to the conveyance
(by sublease or assignment) of the ground leasehold estate to Tntstee, the pledge and
assIgllRlent of the ground leasehold estate pursuant to the Synthetic Lease Fmancmg, and the
grantmg of the mortgage hen on (and secunty mterest 10) all of Tenant's nght, tllle and
mterest m and to the Property m connectIOn With the Synthellc Lease Fmancmg and Loan
Instruments
~4 Recognition of Rights of Parties and as Mortgagees in Connection with the Ground
I.&lw: Landlord hereby acknowledges that, beglDDmg on the date the Synthetic Lease
Fmancmg documents are recorded m the Deed Records of King County, Washington,
Trustee and Agent (as agent for the Lenders) will have all the fights granted a "Leasehold
Lender" as set forth and defined 10 Section 1'.2 of the Ground Lease (each of Trustee and
Agent are sometuues referred to below as a "Leasehold Lender") and that the Synthetic
..n =
= <::>
<=.:> .....
Lease FinancIng lease will constitute a "PrIme Lease" and Trustee will be entitled to the
benef"iIs provided to a "Prime Lessor" as set forth and defined in Section 20.2 of the
Ground Lease. In connection therewith, the parties agree as follows: (i) Tenant
accepts, acknowledges and agrees to penonD and comply with all provisions of Articles
19 and 20 01 the Gronnd Lease with respect to such Synthetic Lease Financing and
PrIme Lease; (ii) no provision of the PrIme Lease or such Synthetic Lease FinancIng
constitutes a release of Tenant's liability to Landlord under the Ground Lease; and (W)
so loog as Tenant Is in possession of the Property, Landlord shall look solely to Terumt
as the "Prime Lessee" for, and Tenant as the Prime Lessee shall be liable therefor, the
performance of any obligations eitber the Prime Lessee or PrIme Lessor shall have
under the Ground Lease.
5 COPy of Synthetic Lease Financing DocUments. A true copy of the Synthetic Lease
Fmancmg documents apphcable to the Property WlU be prOVided to Landlord at or pnor to
the closmg under the Synthellc Lea~e Flnancmg ,
Page 3 -LANDLORD'S ACKNOWLEDGMENT AND CONSENT
Kmdcrcarc Lcarrung Centers. Joe -SynlhcbC Lease Fmancmg Pacdll)'
(Renr:DD, Washm&ton)
3
....
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6 Effect ofthk Agreement Tenant confinns that the transfer and encumbrancmg that IS part
of the Synthellc Lease Flnancmg documents are appbcable only to the ground leasehold
estate created by the Ground Lease (and any sub-ground leasea by Tenant to Trustee) and
to Improvements that may be constructed by Trustee and Tenant under the SynthetIc Lease
financmg (and not to Landlord's fee tItle or Landlord's mteresl m the land)
7 CautiODl! Cor eonveujence The capllons of the sectIOns of thIS Consent are for
converuence only and are not to be used to mterpret or define the proVISIOns of thIS Coment
8 BIDdIng Effect ThIS Consent shall be bmdmg upon and mure to the benefit of Landlord.
each Permrtted Ground Leasehold Mortgagee and Tenant. and theIr respective successors
and assIgns
9 Attomevs' Fees In the event SUit or actIOn IS IllslIlUted 10 enforce or Illterpret any of the
prOVISIon of thiS Consent. mcludmg. but not luntted to. any actIon or partlclpallon by
Tenant. Landlord or a PenOllled Ground Leasehold Mortgagee 10 or 10 conneCllon With the
case or proceeding under the Bankruptcy Code or any successor statute. the prevailing party
shall be entitled 10 recover all expenses reasonably InCUrred al. before and after Ina( and on
appeal. whether or not taxable as costs. mcludlng. Without IUOI13l1on. attorneys' fees.
witness fees and other expenses
10
11
Tenant's Agreement; Acknowledgment bv PartIes Tenant IS Slgnmg thIS Consent 10
Slgrufy II has read the CorISent. has agreed 10 dIsclose 10 Landlord the SynthetIc Lease
Fmancmg documents. and notIfies Landlord that It IS encumbenng Its mterest 10 favor of
Trustee and Agent. as Permitted Ground Leasehold Mortgagees Until the obllgallons
secured by the SynthetIC Lease Fmanclng are satISfied. that parties agree that the Ground
Lease may be amended only WIth the pnor wntten consent of Tenant. Trustee and Agent
CounterParts. "Ibis Consent may be executed In any number of counterparts, each of whIch
shall be consIdered an ongmal and all of which taken together shall conslltute a smgle
Instrument
[NO MORE TEXT ON TmS PAGE]
Page 4 • LANDLORD'S ACKNOWLEDGMENT AND CONSENT
Klndetcare I..camms Cenrers. lac ~ Syntbebc Lease Fmanclng Facility
(Ron ..... WasJunctoo)
Ponlndl·201S134 2 0028954-00004 4
=0 = = C'I
IN WITNESS WHEREOF. the undersigned has caused tillS mstrument to be duly executed under
seal by an officer thereunto duly authorIZed as of the date and year first above wntten
Landlord
SIg1Ied. scaled aDd debvered
m the presence of
ATTESTING WITNESS
TItle:
(UnofficIal Witness)
EXIT 7. INC
Page 5 -LANDLORD'S ACKNOWLEDGMENT AND CONSENT
Kmderure Lea .... CCIIIerS. Inc • Sy_ Lease fmancmg Facdl1Y
<R_w ........... )
l'onlodl·201'134 2 ~ 5
.....
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C"I
STATEOf(J~~ ) .~~ )ss
ACKNOWLEDGMENT
COUN1YoY~l ___ )
The UIIdersIgned, a Notary Pubhc m and for the above state and county, bereby certifies
that
(I) Before mepersooallyappeared D~" It ~~~rJ41t r7o.,sM.v , the _ C?~-wt--of E )($J rf:i£"" .
(2) I am satISfied 1bat SOld person, wbo was lrnown 10 me. IS the person and officer who executed
the foregomg IIIlIInmIeIII 011 behalf of saId ________ '
(3) SaId person stated 1bat belshe held the (lOO'11on or bile set forth in the matnnnenl, and 1bat
he/sbe was au1bonzed 10 execwe the mstrument on behalf of the , and
My COlDDllS8lOD ExpIres
f)~ftpl
/
Name (i!;", l"11'(~~ r
TIde Notary Pubbc
Page 6 -LANDLORD'S ACKNOWLEDGMENT AND CONSENT
Kmden:a .. LeaIllUlll Cen' ... , IDe ,SynIheae Lease Fmancmg Foca,ly
(_.w .......... ,
Pordndl·2015J34 2 ooz89.S4-«JO(H 6
= = = ....
IN WITNESS WHEREOF, the undersigned has caused this Instrument to be duly executed under
seal by an officer thereunto duly authonzed as of the date and year first above written
TENANT
SIgned, sealed and delIVered
m the presence of
ATTESTING WITNESS
rb~ \i:
(UnoffiCial WItness)
By L--++-_________ I[Sealj
e Bruce A Walters
Title Semor VIce PreSident and
Chief Development Officer
Page 7 -LANDLORD'S ACKNOWLEDGMENT AND CONSENT
Kmdercare Ltanuna Cena:rs. Jnc • S)'nthetx: Lease Fmancmg M:l:lllIY
(R.eDIOII t WashlActonl
PonIOOI·201~1).l2 00289S4-00004 7
....
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ACKNOWLEDGMENT
STATE OF OREGON )
)ss
COUNTY OF MULTNOMAH )
The undersigned, a Notary Public In and for the above state and county, hereby
certifies that
(1) Before me personally appeared Bruce A Walters, the Sernor Vice President and
Cluef Development OffICer of KINDERCARE LEARNING CENTERS, INC , a Delaware
corporation,
(2) I am sabsfied that salll person, who was known 10 me, IS the person and officer who
executed the foregomg mstnunent on behalf of saKi corporabon,
(3) Said penon atated that he held the position or bile set forth m the mstrument, and
that he was authorIZed to execute the Ulstrument on behalf of the corporatIOn, and
(4) SaKI person stated that he executed the mstrument as the act of the corporation by
proper authonty, and for the pwposes stated therem
IN WITNESS WHEREOF, on thiS J'1? day of [.aVt\-u1 j , 2000, I bave
hereunto set my band and affixed my offiCial seal
•
OFFICIAL SEAL
JACQUEUNE S HARRISON
NOTARY PUBLIC-OREGON
COMMISSION NO 329443
MY COMMISSION EXPIRES NOV 30, 2003
My CommISSion Expires
0~-J..~",-S \\N2. ..6.~~
Notary Publte
Page 8 -LANDWRO'S ACKNOWLEDGMENT AND CONSENT
Kuo:rcare Learnti'll Centers. Inc • SyDIhcnc Lease Fmancmg FactiII)'
(_ .... WaoluallOD)
Poo1Indl·2QISI34 2 0021J9S4.OOOO4 8
-
EXRJRITA
Legal Description
of
Property
A ground leasehold estate in and to the real property described below, created
pursuant to the Underlying Ground Lease described ID this Ground Lease, a
memorandum of which or short form lease pertaining to which Underlying Ground
Lease has been recorded on April 6, 2000 under Recording No. 20000406000205,
Official Records of King County, Washington and rerecorded on ~ 1:1 ,~ under
Recording No. ':;«c-u:6J~5"" .
The legal description of the fee IItie IS as follows:
That portion of Lot 3, City of Renton short plat number 011-87, recorded under
recordmg number 8802169005, in King County, Washmgton and further descnbed as.
Begmrung at the Southwest comer of said Lot 3, also being a point on the North Margin
of Northeast 43rd Street; thence North 01 °14'51" East 208.50 feet, thence South
88°45'09" East 146 19 feet to a pomt on the West margin of Northeast 44th Street, also
bemg a pomt on the Easterly line of said Lot 3 and the beg1Dlling of a non-tangent curve
concave Southwest and baving a radial bearing of South 65°24'16" West and a radIUS of
318 10 feet, thence along SlUd curve and said West margm and saId East line, Easterly
and Southerly an arc distance of 145.84 feet, through a central angle of26°16'06";
thence South 01 °40'27" West 9 87 feet along said West margin and said East hoe, thence,
South 29°05'34' West 65 15 feet along said West margin and said East line to a point on
the North margm of Northeast 43rd Street and the South line of sald Lot 3, thence North
88°45'09" West 147.49 feet along said North margm and said South )me to the True
Pomt of Begmrung.
TOGETHER WITH those certain easement rights for access/parking as estabhshed by
Declaration of Easements recorded under Recording No. ~ ~COO5""'5"'
Page 1 -LANDLORD'S ACKNOWLEDGMENT AND CONSENT
Kmdercare LearmJII Cenrc:rs, IDe -Syntbebt:: leiSt Fmancm,g FXllIty
<ReoIGII. WashlDJloa}
1
.,.,
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= = = <-..
...,
=
WHEN RECORDED RETURN TO
DAVID W GREEN AND MAUREEN FLANAGAN
STOEL RIVES L L P
900 SW FIFTH AVE , SUITE 2600
PORTLAND, OR 97204-1269
CHICAGO TITLE INSURANCE COMPANY
POCUMINT T.TLI','
1 GROUND LEASE AGREEMENT OrdcrNumber 000553836
; C\I\CflGO i\lLE.e~<i>
I REf#.571S~
REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED '" ~ r6" o Add1tl.onal reference numbers on page __ of document
GRANTOR!a):
1 KINDERCARE LEARNING CENTERS, INC
2
3
~ Add1t~onal names on page
GRANTEE (a) :
___ of document
1 WILMINGTON TRUST COMPANY, AS TRUSTEE
2 FOR KINDERCARE REALTY TRUST 1999
3
Cl Add1t1onal names on page __ of document
ABlRIV*ATIp
Lot-Unll 3
Section
LEGAL PESCRIPTION;
Block Volume
TownshIp Range
Page
PortIOn
Plat Name RENTON SHORT PLAT 011-67 (#8802169005)
~ Complete legal descr~pt10n lS on page ~ of document
ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NCMBER(a) I
334330-1141-02
Addl.t1onal Tax Accounts a.re on page __ of document
Note ThIS cover m-t IS prepsred to conform to the requIrements of Chapter 143, Laws of 1996
Nothing on thIS sheet alters the names. legal descnptlon or other InformatIOn In the attached document
The only purpose of this cover sheet IS to assIst the auditor 10 Indexing the document In
conformance with statute
The Recorder w.1 rely on the InformatIon provided on thIS form The stall WIll not read the document
to verify the accuracy or completeness of the IndeXIng InformatIOn provided herein
1111:> IDscrument was prepared
by "uxt after reconhng
return to
~too Rives L L it
QOO SW FlI'tlJ Ave
SULtr: 2600
Portland Oregon 97204-1269
All n Dant W Grecn
.. 00 Maureen FI.tnagan
(S~ abcwc mil line for Recorder', use)
GROUND LEASE AGREEMENT
LANDLORD: KlNDERCARE LEARNING CENTERS. INC , a Delaware corporatlOll
TENANT: WILMINGTON TRUST COMPANY, DOl In Its mdlV1dual capacity but solely as Trustee
of THE KlNDERCARE REALTY TRUST 1999, a Delaware busmess trust
CoverIDg land ground leased by KmderCare LearnlDg Centers. Inc:
SUMMARY OF LEASE TERMS
1 Leased Property The Property IS the ground leasehold estale In land dcscnbed In Exlubll A
2 Lea •• Tenu Commencmg wllh !lie 'Commencement Dale" referenced m the Lease and endang on
Ihe dale !hat Is One business day before Ihe end or the mitial term of tbe UnderlyiDg Ground Lease
antICipated to be In calendar year 2020, suhject to Tenant's right to exercise renewal optIons w1tbln tbne
penods provided In the Underlying Ground Lease (unless earher termmatecl by Tenant as provided herem)
3 Base Rent The base reD! IS $1 00 per annum, payable on December 31st of each year, 10 arrears
4. PennlIIed Use Any lawful use permitted under appbcable legal reqll1rements and recorded covenants,
conditions and re.tnctIons on the Property and the Underlymg Ground Lease
5. Tam. SeryIc:es. UtIlities Tenant Will pay (or cause 10 be paid) all property taxes, .. mce charges and
utIhl)' expe11SCS related to the Property
6 Absolute Net Lease The Property IS leased to Tenant on an absolute net lease basIS
K1NDERCARE LEARNING CENTERS. INC rIlle Chilse Manhattan BanklWllrnmgrnn Tnbt Company Synthetic Lease Fmancmg
(kenlon. Washtnpon)
Purtlrldl·2.I)l'H)42 0028954-00004 -1·
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I
2
3
4
5
6
7
8
9
INDEX
for
GROUND LEASE ApREEMENT
Term. PosseSSK>D
II 19m
I 2 Accept81lfp of Property
&nIaI
2 I
22
23
24
Base Renta!
TIme and Place of Base Rent Payments
Ad!bUOl!!!! Rent. No Offsets
Absolu!e Ne! Lease
Use of Property
3 I PermUled Use
3 2 Comphance WIth Legal Requirements
3 3 NO!l\bsturbance
Mamtenapq!, Taw· Unhues
4 I Mamtenance
4 2 Taxes and Assessments
4 3 Te!!anI's HleCIIOD to COmest
4 4 lilI1J1lg
DlscJauner of Landlord's Resoonslblhues
C!!!!!IemnatlOD
lraps(en by Tenant
8 I Transfer Pemuned WIthout Consent
8 2 NOllee of CeJtam Transfers
Eyents of Default
9 I Payment Default
9 2 Default m Other Covenants
KINDERCARE LEARNING CENTERS. INC fThe Chase Manhattan BankIWdmu1gton Trusl COmp.lny Synchenc Ltase Fmanclng
(RtDtGD, Wubmgton)
PortINlt-201SU41 Q()289S4-OOXM
fig£
-1-
-1-
-2-
-2-
-2-
-2-
-2-
-2-
-2-
-2-
-2-
-3-
-3-
-3·
·3·
·3·
-3-
-3-
·3·
-4.
-4.
-4.
-4.
-4.
-4.
-4-
CD
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10 RemedIes on Default
101 Rr!8R POssessIOn
102 Demuss for Default
103 Cure of Tepant's Default
104 O!her Remedtes
II Suaender at EXPIratIon
12 General ProvISIons
12 I Modtficabo!!S
122 No Imphcd Anpurtenances
123 Nonwarter
124 SuccessIOn
125 InspecIIOD
126 EsrnooeJ CqUticates
127 ~
128 ArtorneyJ" Fee!
129 RclatlOJUJhm of Paates
12 JO Appl.cable Law
1211 Poor Agreements
12 12 Vabchty of ProYUlIOPS
12 13 Qwnerslnp of Improvements
12 14 Recordme· 0!ptc1aun
1215 Ng Ilffecl on SvD.het.c Lease Ftnan£!!!&
1217 Merger of Estam
12 18 Oyerall LmutabOD
12 19 LlQutalJoo 011 Encpmbrances
1220 Underlymg Grmmd l.ease
1221 lI!k1!!lonaI f[!lI!"IOI1S, Sta~ Law ProvlilQ!!!!
KINDERCARE LEARNING CENTERS, INC IThe Chase: Manhauan Bank/Wltmlllgton Trust Company Synthetic Lease FU'Q.DCI118
(RenIoD, Washm&tOl1)
Ponlndl-1OtSll4 Z 00289S4-00004 II
~
-5-
-5-
-5-
-5-
-5-
-5-
-5-
-5-
.5-
06-
-6-
06-
06-
06-
·7·
-7·
-7-
·7·
·7·
-7-
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DATED
GROUND LEASE
(Renton, Washington)
BETWEEN KINDERCARE LEARNING CENTERS, INC., a Delaware corporation, haVlDg Its pnnclpal
office aI 650 HE Holladay Street, SUlte 1400, Portland, Oregon 97232
LANDLORD
AND: WILMINGTON TRUST COMPANY, not lD Its mdmduaJ capacity but solely as Trustee of
THE KINDERCARE REAL TV TRUST 1999, a Delaware busmess trust, With an address clo
Wtlmmgton Trust Company, Rodney Square North, 1100 North Market Street, WtlmongtoD,
Delaware 19890'()()()1 TENANT
Tenant wIShes 10 lease from Landlord the followmg property (the "Property') located 10 the State
of Washington descnbed as follows
A grouud leasehold estate In certalD land descnbed on the attached ExhIbit A
Such ground leasehold estate IR and to the Property has been created by that certam ground
sublease (also referred to herem as the 'Underlying Groond ! rp .... ) dated_March 3, 2000 from EXIT 7,
INC. (referred to as the "Fee Owner"), as landlord/lessor, and Lessee, as tenantllessee, which UnderlylOg
Ground Lease (or a memorandum thereof) has been recorded m the Office of the Recorder of Deeds, as
Auditor's Ftle No 2000040600020S, Offlctal Records of Kmg County, Washington and re-recorded on
t'W,« 1:2. ;lfJ«) under Recordmg No ~o~~ofj" "
Lnndlord desm:s 10 finance the cost of construction of butldmgs and other unprovements
("lmprovemenlsj on the Property through utlbutlon of the Synthettc Lease Fmancmg (as defined below) and.
m connection therewIIb, to enter mto thiS Ground Lease, as a sub-ground lease to Tenant of the ground
leasehold estate under the Uodcrlym& Ground Lease
NOW, THEREFORE, Landlord hereby leases the Property to Tenant on the followlOg terms of
thts Ground Lease (the "Lease" or sometunes referred to as the 'Ground Lease')
I. Term; PqssessIon.
1_1 l:a:m The term of thIS Lease shall be for a penod begmmng on the 'Commencemeot Dale"
referenced below and endmg on the date that Is one business day before !be end of the Initial term of the
Underlying Gl'l!!UId Lease described In this Lease (anticipated to be In calendar Year 2020. depending
on certafn evmts pmyIded In !be UnderJylug Grougd V·SI-sub/eel to Tenant's rim, to obtain and to
exercise !in T !!!MI!oo!'s game agd stead) renewal opI!ons as proDded In the UnderlylnK Ground Lease
_ The 'Commencement Date" for purposes of thts Lease WIll be the "property closing date" for the
conveyauce of thIS Property to Tenant pursuant to the Synthetic Lease FmanclOg referenced below
NO!Wltilslandlllg the statement of such tenn. Tenant w~1 have the rIght to termmate thIS Lease at any time upon
KlNDERCARE LEARNING CENTBRS. INC fIbe Chase Manhattan BantIWllmmglOn Trusl Company Synlbellc Lease Fmancmg
(ReDI.." W ....... on)
Ponlndl-20151l41 ~
<0
en
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Ln
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= = = C"I
wnnen notice to Landlord As set forth In paragraph 10.4 below, th,s Lease J< NOT termlDable as n
result of any derault by Tenant under thIS Lease
1.2 Aceeplance of Property Tenant accepts the Property In liS presenl condition. AS IS Landlord
shall not be reqUIred to perform any work to ready the Property for Tenant's use
2.1 Base Rental Donng the leas. lerm, Tenant will pay to Landlord a base rent of $1.00 per annum
2,2 Dme and Place of Base Rent Payments The base rent WIll be paId In arrears on December 31st
of each year for the prIor calendar year (or partial calendar year) durIng the lease term, and 0/1 the last day
of tbe lease term, at the address for Landlord set forth m th,S Lease Base rent IS umformly apportlonable day
to day and WID be prorated for any partIal year dUTlng the term of thts Lease
2 3 Addlhonal Rent, No Offsets All payments reqUIred to be paId by Tenant under thIS Lease, other
than base rent, WIll CODSIIlUte addlllonal rent All rent (including base and addlUonal rent) shall be receIved
by Landlord wlmom set-off, offset, abatement, or deduction of any lond
2.4 Absolute Net Lease It IS the mtent and effect of thIS Lease that rental paId by Tenant shall be an
absolute net retum 10 Landlord Landlord shall nOI be responsIble for payment of any taxes and assessments,
operating expenses, or any other costs, expense, charge or premIum under thIS Lease relallve to the leased
Property Such rental shall be paul to Landlord throughout the lease term, free of any charges, assessments,
ImposlllODS, OffselS or deductIons of any klDd Tenant shall pay (or cause to be paId) all COSIS, expenses and
charges of every kind and nature relatmg 10 the Property whIch may arISe or become due or payable dunng
or after (but attnbutable 10 a penod falhng WIthin) the lease term, subJect nevertbeless to the lerms of Ihls
Lease
The prorisJoos of thts paragraph will not, however, be construed to modlf} the express
agreement bel" .... the partlt$ "Ith respect to the matters stated In paragraph 7 below (concetJllag
certam cU'Clll1JStance5 ID whim this Lease may be termInated, m "blch event Tenant'. obligations
hereunder will tenDlnate as of the effective date of such ternllnatlon) and paragraph 12,)5 (under whIch
It IS acknowled&ed that Landlord, as tenant under the Synthellc Lease Fmanc[ng, Is responsIble ror
obligatIOns accruing witb respect to tbe Property as set forth m tbe SynthetIC Lease FinaacJOg)
3, Use of Prooerty
3,1 Permitted Us TeDlDt .hall use the Property for any lawful purpose permltled WIder appbcable
legal reqUIrements and reeorded covenants, conditions and restrtctlOns on the Property. IncludlOg, wuhout
lunnallOn, Ibose IIIlpOSed by Ibe UnderlYing Ground Lease
3.2 Compliauce wlth Leral Requirements In COnnectIon WIth Its use, Tenant shall put, keep and
JD8mtaln the Property In compbanc. WIth all applicable laws, rules, regulations and ordtnances of all federal,
state, county, mUIIICtpal and other public authorllles havIng or claImIng JUrtsdlCtlOn, and other recorded
covenants, condlllOns and restrlClIOns affectmg the Property (collectively, the "Legal ReqUIrements")
KINDERCARE LEARNING CENTEItS. INC fI'be ewe Manhanan Bank!WIJrnmgtoo TNSI Company Syntheuc: Lease Flnancul£
(Renl ... WosIunJIon)
Port1ndI~201SI341 0021J9S4....OOOO4 2
33 Nondisturbance The nghts of Tenam to the Properly shall not be dISturbed, cancelled, termmated
or otheCWIse affected dunng the term of the Synthetic Lease FmancIng (as heremafler defmed)
4, MamteDance; TBXes; Ytn,l.es
4.1 Maintenance Tenant shall keep the Propeny m good repair, operatmg condition. and appearance
After commencement of the lease term, Landlord shall have no obhgauon to make any repairs or perform any
IIUIIntenance on the Propeny
4.2 TlIXes and Assmments Tenant shall pay (or cause to be paId) alllaXes. assessments and pubhc
charges ('taxes') on the land, and on the Improvements thereon, subjecllo such lax mdemmficatlons as Tenant
may be enlllied to receIVe under the Synthetic Lease Flnancmg or other agreements
4.3 Tenant's Election to Contest Tenant may w.thhold paymenl of any laX or assessment on the
Property If a good fallh dispute eXIsts as to the obhgallon 10 pay, SO long as Landlord's properly mlCreSllS nOI
JeopardIZed If the Propeny IS subjected to a hen as a result of nonpaymem, Tenant shall provIde Landlord
WIth assurances reasonably acceptable to Landlord that Tenant can and WIll sausfy the hen before enforcement
agamst the Propeny
4,4 Utilities Tenant wdl be respons.ble for causmg to be paul all charges for servIces and utdllles
mcurred m COlUlecllOn WIth the use. occupaucy and operatIon of the Propeny, mcludmg (Without limitation)
charges for elccmc1lY, gas, te1ephooe servIce, water and sewer
5, LIm! Tenant shall pay (or caused to be paId) as due all c\auns for work done on or for servIces rendered
or maletlal li.u:rusbed to the Property, and shall keep the Property free from any hens which could result m
foreclosure of Landlord's or Tenant's mterest m the Property, except for fmancmg by Tenant on 1Is leasehOld
estate (whIch WIll bind Tenant's mterest but DOl consmute a hen agalDst Landlord's fee IIlle) If Tenanl fads
to pay such claUD or to dtscharge any ben, Landlord may do so and collect such amount as addlllonal rent
Amourus paId by Landlord shall bear mterest aod be repatd by Tenant as provuled m paragraph \0 3 below
Such payment by Landlord shall not constltUle a waiver of any nghl or remedy Landlord may have because
of Tenant's default
6. DIsclaimer or Landlord's Res!!Ons.bihtres
Landlord shall not under any C\tCUmstances be hable to pay for any work, labor or seMCCS rendered or
matenals funusbed to or for the account of Tenant, and no mecll3lllC'S or other hen for such work, labor or
SCfVlCCS or matenal funusbed shall, under any Circumstances, anach to or affect the reversIonary mlCrest of
Landlord m any bulldJng(s) or any al~ratlons, repaus, or Improvements 10 be erected or made on Ihe Propeny
NotbJng COIIIaJned lD tbJ. Lease shall be deemed or construed In any way as coDSulUUng the requesl of consent
of Landlord, eIther express or nnphed, 10 any contractor, subcontractor, laborer or malenalman for the
performance of any labor or the fumJshmg of any malenals for any specific lInprovement, al~rauon 10 or
repatr of the Property or any part thereof, nor as giVIng Tenant any fight, power or authorny to contract for
or permn the rendetlng of any servIces or the furnIShing of any maleflals on behalf of Landlord that would gIve
rISe 10 the filmg of any hen agamst Landlord's mterest In Ihe Propeny
KJNDERCAllE Lf...\RNtNG CENTERS. iNC /The Chase Manhattan BankIWdrnlDglOn Trust Company Symhcnc Le.tse financing
(Renton, WashlDlton)
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7. Condemnation
If Ihe enllre Property IS condemned, or If a poruon IS taken whIch causes the remaInder to be unsuited to
the use permmed hereunder. then thIS Lease shall termInate as of the date upon whIch posseSSIon of the
Property IS taken by the condemnIng authorIty The net condemnanon proceeds shall be dIVIded between
Landlord and Tenant In proporhon to the value of their respective Interests In the Propeny ImmedIately prIor
tD the talong If only a ponton of the Propeny IS taken and thIS Lease IS not termInated. Tenant shall use the
condemnation proceeds to make necessary repairs and alterauons to the Property (0 pennlt Tenant to contlnue
liS operatIOns thereon. and Ihe balance shall be paId to Landlord. except for any award spcclfically made to
TCD3l1t for mterrupuoo of busmess. movmg expenses. or the talung of Tenant's Improvements, eqUlpmem or
fil(lUres ReDl shall DOl be abated durmg the perIOd of restorahon Rent shall be reduced for the remamder
of the lease term to Ihe eXtent and In Ihe same propOrbOn as the reducnon m area of Ihe Property Sale of all
or a pan of Ihe Property 10 a purchaser WIth the power of emment domaIn In the face of a threat or the
probablillY of the exerc1SC of !he power shall be treated as a takmg by condemnatIon Notwlthstandmg the
above, the terms or this paragraph will be applicable only If there "ere proceeds aVBllable after
applicatIon as provided In the Synthetic Lease FInanCIng.
8. Transfers by Tenant
8.1 TrallSre. Pcnnllted Without Consent Tenant may assIgn. pledge. hypothecale. encumber.
sublease and OlherwlSC tramfer lIS leasehold eSlate and mterest m the Propeny Wllhout the need for consem
from Landlord
8.2 Notice or Certain Transfers Tenant shall nonfy Landlord of any asslgnmem or transfer of lIS
Lease mterost. and may (but WIll not be requIred to) nott!) Landlord as to any pledge. hypolhecatlon,
encumbrance or sublease of us Lease mterest Tenam has DOnfied Landlord that u be be pledgmg or
encurnbermg lIS Lease mtereS! for secumy purposes to 11IE CHASE MANHATTAN BANK. N.A .. or lIS
affiliates. pursuant to Ihe Synlheuc Lease Flnancmg descnbed below. as AgeDI for cenam lenders
9. Events of DeCault
The followtng shan be "Events of Default"
9 1 Payment Def.ult Fad"", of Tenant 10 make any rent or Olher payment under th .. I.ease wlthm 20
days after receIpt of wntten nonce of nonpayment
9,2 Default In Other Covenants Fadure of Tenant to comply WIth any other term Dr condlllDn or fulfill
any other obllgatton of thIS Lease Wlthm 30 days after Written not"'" by Landlord speclfymg the nature of the
default WIth reasonable paruculanty If !he default IS of such a nature that It cannot be remedIed fully Wtthlt:\
the 3O-day penod. tlus requtrement shall be sausfied If Tenant begms correcuon of Ihe default Wlthm the
3O-day penod and thereafter proceeds WIth reasonable dIligence and In good fauh to effectlhe remedy as soon
as practicable
10. Remedies on Default
Upon default, after eXpIrallOn of nollee and cure pertods prOVIded 10 paragraph 9, Landlord may exercISe
any one or more of the fonowmg remedIes
KINDBRCARE LEARNING CENTERS. INC /The Chast Manhattan BanklWllnllngroR Trust Company SynthetiC Lease Flnancmg
(Renton. Wasbmgtoa)
4
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10.1 Retake POSS .... ,Dn Landlord may r.·enter and relalce possessIon of Ibe Propeny by summary legal
proceedmgs. m accordance wlIh the laws of Ibe state In whIch the Property 1$ sttoated (lbe 'State') Landlord
may relet Ibe Propcny upon any reasonable terms Wtthout prejudIce to any other remedIes that Landlord may
have by reason of Tenant's <lefault None of these actloDS will be deemed an acceptance of surrender by
Tenant
10.2 Damages [or Default Whether or not Landlord retakes possessIon or relets the Property, Landlord
may recover all danlases caused by the default Landlord may sue peTlndJCally to recover damages as !he)'
accrue dunng the remamder of the lease term wllhout bamng a later aCIlOD for further damages Landlord
may at any ume brmg an acnOD for accrued damages plus damages for the remalnmg lease term equal to the
difference betweeo the rent speCIfied 10 thIS !..case and the reasonable rental value of the Property for the
remamder of the term, dIscounted 10 the I1me of Judgment at the rale of 9 pereent per annum
10.3 Cure of Te!!!!I!'s Default WIthout prejUdIce to any other remedy for <lefault, Landlord may
perform any obbgaUOll or mUe auy payment requIred 10 cure a defaull by Tenanl The reasonable cost of
perfot:rnaPC:e, mcludlng reasonable attorneys' fees and all dISbursements, shall ImmedIately he repaId by Tenant
upon demand. IOgether wuh JIIlereSl from the date of expendllure untIl fully patd at the rate of 12 pereent per
annum. but DOl 10 any evem at a rate greater than Ihe maximum rate of mterest perml1led by law
10.4 Other h0d!es Landlord may exe,Clse any other remedy avadable under apphcable law.
EXCEPTTIIATLANDWRD WlLLHA VE NO RIGfITTO IERMINA TE TIllS LEASE for any default
by Tenaol, but Landlord may pursue any olher legal remedy for breach of contract, IDcludlDg (Wtthout
Itmttauon) spectfic performance collceltOD of damages, and enCoreemem of Judgment(s) agalDSt the Propeny
(subject to tile btnllallODS ID paragraph 12 16 below)
11. Surrepder at ExpiratlOD
Upon eXJllllluon of the lease term or earher ternunatlon on account of default, Tenant shall surrender
!he Property 10 good condItion All repalT for winch Tenant IS respoDStble shall be completed to the latest
pracucal date pnor 10 such surrender
12. General Proylslons
12.1 Moc!IIlsabops ThIS Lease may not be modIfied except by endorsement m WTllmg .lIached 10 th,S
Lease, dated and 51gned by the parttes NeIther party shall IIOt he buund by any statement of any agent or
employee modlfymg Ibts Lease, except for any person whICh the parry has speCIfically designated In wntlDg
as "s represen\ahvc
12.2 No implIed Appgrtcnaps.. ThIS !..case does nol create any ngbts, easemcOlS or lICenseS, by
Impltcatton or otherwISe, except as expressly set forth ID thIS Lease or liS ewbJlS
12.3 NOPwalver W8lver of performance of any provI>,on shall DOt be a waIVer of nor prejudice the
party'. ngbt otherwtse to requtre perfortnance of the same proVtSlon or any other provls,on
12.4 Su!;eoss!on Subject to tile hmltalloDS on transfer ofTenanl's Imerest. thIS Lease shall bmd and mure
to the benefit of the partlCS, thelT respccllve hem, successors. and aSSIgns
K1NDERCARE LEAltNING CENlCRS. INC fib. Chase MaManan Bonk/W,JmJJlgIM TIllS! Company Syn1l1<lI< Lo. .. FIlWICII\!l
(It ...... , WashlqIoa)
Portlndl·2015t34 1 00289S4-OOO1)4 5
12 5 Inspe<llon Landlord or liS authonzed representallves may emer at any reasonable lime after such
advance nonce as IS reasonable under the Clrcumslances (except m cases of emergency, for whIch no advance
nonce IS reqUIred) 10 derermme Tenant's complJance wllh Ihls Lease, to anend 10 Landlord's Imerest, 10 show
the Property to a prospecnve party desiring to acqUire Landlord's Interest. or (dUring the lasl 18 months of the
Lease lerm) to show the Property 10 any prospective tenams
12.6 Estoppel CertIDcales Wlthm 10 days afler receIpt of wrlllen request, each party shall dehver a
wntlen slaterneru 10 the requestmg party sl3lmg the dale to whIch the rent and other charges bave been paId,
wbether the Lease IS unmodified and m full force and effecl. and any other maners that may reasonably be
requesled
12.7 ~ Unless othel'WlSe specIfically prOVIded herem, all notICes. consents, dlfe<tlOns, approvals,
InStruCtiOns, requests and other communlcallons requlfed or permitted by the lerms hereof to be gIven
(collecnvely "Nobc:es") sball be given m wrllmg NotICes may be served by cerufied or regIStered mall.
postage paId WIth rerum receIpt requested, by pnvote couner, prepaId. by telex, focsl11111e, or other
relecommurucatlOD deVICe capable of uansmltlmg or creatmg a wrJtlen record, or personally Maded NOllces
shall be deemed deltvercd five days after malhng, properly addressed Coun.red Notices sball be deemed
dehvered when delivered as addressed, or If the addressee refuses delivery, when presented for delivery
IlOIWlthstandmg sucb refusal Telex or lelecommunlcated NotICeS shall be deemed dehvered wben recelpllS
eIther conflrlJled by confinnmg translll1$Slon equIpment or acknowledged by the addressee or liS office
Personal deltvery of NOIJCe4 shall be effecrrve when accompllsbed Unless a pony changes tiS address by
gMAg notice to the odIer party as prOVIded herem, Nonces shall be delivered to the pames at the followmg
addresses
If to Landlord. to It at
KlNDERCARE LEARNING CENTERS, INC
6SO NE Holladay, Swre 1400,
Ponland, Oregon 97232
Attention Legal Department
If to the Tenant, to It at
WILMINGTON TRUST COMPANY,
not m lIS mdrVldual capacIty but solely as
Trusree of
W,th a copy 10
STOEL RIVES LLP
900 SW FIfth Avenue, SUlle 2600
Ponland, Oregon 97204-1268
AUentlon DaVId W Green or Maureen
Flanagan
TIlE KlNDERCARE REALTY TRUST 1999, a Delaware buSiness tnlSt
clo Wdmmgron Tntsl Company, Rodney SqUate North.
1100 North Market Street, WI\mmgmn, Delaware 19890-0001
W,th a copy to
The Chase Manhattan Bank, N.A.
270 Park Avenue, 31" Floor
New York, New York 10017
Attn Credit and Lendmg Group
KINDERCARE LEARNING CENTERS. INC IThe Chase Manh:man Bank/Wilmington Trust Comparty Synthttlc LcaslC rll'lallClllg
OI<Dlon, Washington)
Ponlndl·20ISI34 2 0028954-OO1XM 6
From lime to ume any party may designate a new address for purposes of Notices hereunder by NOllco
to the other party
12 8 Attorneys' Fees In the event SUIt or action IS mSlltuted to mterpret or enforce the terms of thIS
Lease. the prevrubng pany sball be enulled to recOver from me omer pany such sum as lhe court may adjudge
reasonable as attOrneys' fees at trllll. upon appeal and on any pel1tlon for review. m addition to.ll other sums
provided by law
12.9 Relationship of Parties The relatIOnship of the pantes to thIS Lease IS tbat of landlord and tenant
Landlord IS not a partner or jomt venturer wub Tenant In any respect or for any purpose m the conduct of
Tenan!"s busmess or otherwise
12.10 Aool"d'ble Law The Property IS located m the State set fonh herem The parties agree that the
law of sucb State shall be appltcable for purposes of construmg and determmlng the vallduy of thIS Lease
12.11 Prior Agreements TIns Lease (mcludmg all exhIbits. mcorporated herem) IS the entire. fmal,
and complele agreement of the panles With respecllo me matlers sel fonb m thIS Lease, and supersedes and
replaces all Wrlllen and oral agreements prevlOusly made or eXlsnng by and belween the pan.es or .helT
representat.ves wtth respect 10 such matters
12.12 Validity ofProylslons If any of the proVISions contalDed UI tlus Lease shall be mvaltd, Illegal,
or unenforceable 10 any respect, the validity of the remammg proVISIOns contatned In thIS Lease shall not be
affected
12.13 Ownership of Improvements For purposes of thIS Lease, "Improvements· sbaD mclude the
bulldmgs, struclUres, parlong facthlleS and other Improvements and any landscapmg subsequently placed on
the Property AllllDprovements constructed on the Property shall be the property of Tenant until the eXplr.llon
or earber lermlDallOD of thIS Lease, at which lime they sball automallcaUy and Wtthout funher actIOn become
the property of Landlord
Landlord acknowledges thaI II WIn be and IS bound by the foUowmg proVISIOns Landlord IS acqulrlllg
no ownerslup of the Improvements 10 be constructed on the Property dunng the term of tlus Ground Lease,
any subsequent allerattons, Improvcments or modlficaltoos fmanced by Tenant (as a party under the Syntheltc
Lease Fmancmg) (collectlvcly. the Improvements and all such alterallons, Improvements and mndlflCallons are
the "Modmcatlons") are, shall be, and shall become the property of, and utle thereto shall unmedullely and
without funher acuon VCSIIO, Tenant, when U1Stalled, and may be made by Tenant Without the consenl of
Landlord Such ModdlcatlOllS Will remalD the property of, and IIUe thereto vest 10, T .naDt until the explratlon
or earlier lermmatlOD of dtts t.e_, al whtch Ume they shall aUlomaucally and wllhour funher actIon become
the property of Landlord
12 14 Rtcord!ng; Oultelahn Tenant shall not file or record thiS Lease WIthoUt the speCific pnor wntten
consent of Landlord, but the pames will execute. good and sufficlCnt memorandum of lease for purposes of
recordmg Upon eXpiration or earber termmalton of thIS Lease, Tenant shall promptly execute, acknowledge
and debver 10 Landlord any qwtclalm deed or other document required by Landlord or a ude company to
remove the cloud of thIS Lease from me Property and to CVldence the termmallon of Tenant's lDIereslS 10 the
Property and Improvements that will remam on the Property
KJNDEllCARE. LEARNING CENTERS. INC nne Ch3.$e Manhattan Ban~:LImlnzIDn Trust Company SynthetiC Lease Flnanel~
(RtnIOD, Waslwlctan)
7
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12.15 No Effect on SynthetIc Lease Fmancm& No provIsIon of thIs Lease will affect In any manner
the dUlles and obligatIons of Landlord, as a pany to Ihe synthellc lease financmg transaclion and as lessee (Ihe
"Sublessee") WIder the Lease Agreement SIgned m conneclIon with the Synthellc Lease FinanCing. as
supplemen'ed 10 cover rhe Property (,he' SynthellC Lease Flnancmg") Landlord d...,lalms an} IOlerest
ID Improvements on the Property and acknowledges thaI, as Sublessee, Landlord has and will perfonn
the obligatIOns of Sublessee pursuant 10 such Synlbebc Lease Fmanomg
12.16 Limltatlops on Jlewurse. NOlwlthstandmg anythmg contamed In thIS Lease to the contrary.
Landlord agrees to look solely 10 Tenan,'s estate and IDlerest JO the Property for the coUocnon of any Judgment
requmng the payment of money by Tenant m the event of liabIlity by Tenant. and no other property or assetS
of Tenant or any shareholder, owner or partner (dIrect or mdm:ct) In or of Tenant, or any dIrector, officer,
employee. benefiCIary, affilIate of any of the foregomg shall be subJoct to levy, execullon or OIher enforcement
procedure for the sabsfaclton of the remedIes of Landlord under or wuh respect to thIS Lease, the relaltonshlp
of the partIes hereunder or Tenant', use of the Property or any other hablhty of Tenarn to Landlord
12.17 Merger of Estates. In the event and at such 1Ime as Landlord may own and hold bOlh the
landlord's and tenant's mterest under thIS Lease, thIS Lease WIll lermmate automatIcally by merger of eslates
12.18 Overall IjmltatioD. NOIWlthstandtng anytbmg contallled ID thIS Lease to the cODtra'Y. unul the
SynthetIC Lease Fmancmg bas exptred or IS termmated ID accordance WIth liS lenos, Landlord agrees to look
solely to Sublessee (and Il!!lIO Tenanl) for the performance of the provlSlorlS of thIS Ground Lease and Tenant
WIll have !!2 liabIlity of any kmd to Landlord for the performance or nooperforrnance of thIS Ground Lease
12.19 Umltatlon on Encumbrances. Landlord agrees that. subJoct to the teroo of Ih. Synthe1lc Lease
Fmancmg relabng 10 permuted contests of herlS, Landlord shall not dIrectly or mdlroctly create or allow to
remalD. and shall promptly dlScbarge at liS sole cost and expense, any "en. defect. anachment. I.vy, 1Itl.
retenlloD agreement or claIm upon the Property or any ModIfica1loos other than as speCIfically approved by
Tenant and/or any Permuted Ltens (as defined m the SynthetiC Lease FmanclDg or PartIC1p8t1OJ1 Agreemenr
executed 10 connecllOJl wub the SymbetlC Lease FtnaIICtIlg) and Lessor LIens (as defmed ID the SymheItC Lease
FlnanclOg or ParuCtpallOD Agreemenl executed ID connectton WIth the Syntbe1Jc Lease Fmancmg) Landlord
shall promptly notIfy Tenant m the event It receIVes actua\ knowledge that a hen other than a Permlrrec\ LIen
or Lessor LIen bas occurred WIth respeCI to the Property
12.20 Underlying Ground I to5e. Landlord covenants and agrees to perform all obhgatlons and
make all payments requtred under the UnclerlYlng Ground Lease, when due At Tenanl's Dp1lOD, rent under
the Underlytng Ground Lease wtll be prepaId for a pertod to be approved by Tenant
12 21 Add,,!ORa! Proy/s!O!ls: State Law Provisions.
(AI Inc:O!J!OIlIt/on or LEASE supPLEMENT NO 3S and LEASE SUppLEMENT AND SHORT FORM
LEASE MEMO!IAND!.IM OF LEASE,MO!!TQAQE SECURITY AGREEMENT AND FINANCING STATEMENT gNCLUDING
F]XTURE FI! INGl CR§A1lID BY SYI!TI!!IT!C LEASE By thIS reference. the parltes llICorporate herem the LEASE
SUPPLEMENT NO. 35 ("Lease Supplement") and the LEASE SUPPLEMENT AND SHORT FORM
LEASE, MEMORANDUM OF LEASE,MORTGAGE, SECURITY AGREEMENT AND FINANCING
SfATEMENT (INCLUDING FIXTURE FILING) CREATED BY SYNTIIETlC LEASE ("Short Fonn
1&iR") (the Lease Supplement and Short Form Lease are somellmes referred to. collectIvely, wuh respect to
KlNDERCARE LEARNING CENTERS, INC I'fhe Chase Manhilttan Bank/Wllmmgron Trust Comp.tny Synlhetlc Lease:: FmanclDg
(Renton, W.asluqtDll)
Ponlndl·201S134 2 00289S4-00J04 8
.-
me Propeny, as me ·Synlhetlc Lease"), pursuant 10 whIch Ih. Propeny IS being sublel by Tenon! as lessor
(someUmes referred to as "Lessor") to Landlord as Sublessee. pursuant to me Synthetic Lease Financing
(B) Ownership of the Properly As more fully descnbed m the Synthetic Lease, It IS the Inlenl of the
pame, hereto that (A) the Synlbeuc Lease constnutes an "oper.lIng lease" pursuant to Statement of F,nanc .. 1
AccountlOgStandards No 13, as amended, for purposes oflbeSublessee's finane .. 1 reporting, (B) for purposes
of Federal. Slate and local Income tax and for all other purposes, (,) the transacllon contemplated by [he
Synthellc Lease IS a ftlWlcmg arrangement and preserves ownershIp of the Property In Landlord/Sublessee,
(11) the transaction contemplated by the SynthetIC Lease IS a secured borrowmg for the purposes of the exerc ....
of remedIes under the SynthetIC Lease or any enforcement or collectIon aCllons pursuant 10 the term of the
Syntheltc Lease folloWIng the occurrence and durmg the continuance of a Lease Event of Default (as defined
therem), and (x) by the Synthettc Lease, the Landlord/Soblessee grants a mongage upon and a secunty mterest
In and a hen on the Landlord/Sublessee's benefiCIal ownershIp Interest m the Property for the benefit of the
Lessor to secure the Landlord/Sublessee's payment of all amounts owed by the Landlord/Sublessee under the
SYDthehC Lease and Ibe other Operallve Agreements (as defmed Iberem), and (y) the Lessor holds 11IIe 10
Improvements and a ground leasehold mterest m the Property so as [0 create and grant a first hen and pnor
secunty mterest In the Property (A) pursuant to the Syntheltc Lease. for the benefit of the Agent under the
A,slgnment of Lease (as defined therem), to secure to the Agent the obhgatlons of Landlord/Sublessee under
the Syntbenc Lease and (B) pursuant to the Mongage (as defined m Annex A to the PafltC[palloo Agreement
referenced m the Synthenc Lease), to secure to the Agent the obltgallollS of Lessor under the Mongage 10
addttlOO, the parltes acknowledge and agree that the characteraatloo of the transacuon and the
Landlord/Sublessee's obhgauons as provIded m thIS SectIon shall not dlmllllsh the LandJord/SubJessee'sexpress
nghlS under the Synthenc Lease and the other Operauve Agreements
[NO MORE TEXT ON THIS PAGE]
KINDEltCAllE LEARNING CENTERS, INC fl'be Chase Manhattan BanklWllJJWJ8lon Trus. Company Synlh~lIc Lease Fmanclng
(Renton, Wastun,ton)
9
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IN WlTNESS WHEREOF, each of the partIes hereto has caused thts Ground Lease to be duly
executed under seal by an offIcer thereunto duly authonzed as of the date and year first above
written
LANDLORD
Signed, sealed and delivered
m the presence of
ATTESTING WITNESS
~lUA'lb4""'" -I=--_
(j:e~
(Unoffictal Wlmess)
R NG CENTERS, INC
f-,L-____ [Sealj
Walters
TItle Semor Vice PresIdent and
ChIef Development Officer
KlNDERCARE LEARNING CENTERS. INC me Chase Manhattan BanklWllmtngton Trust Company SynthetiC Least Fmanc.mg
(Rmton, WosIungtOD)
10
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ACKNOWLEDGMENT
STATE OF OREGON )
)ss
COUNTY OF MULTNOMAH )
The undersigned, a Notary Pubbc ID and for the above state and county, hereby certifies
that
(1) Before me personally appeared Bruce A Walters, the Seruor Vice PreSident and
Cluef Development Officer of KINDERCARE LEARNING CENTERS, INC , a
Delaware corporation.
(2) I am satISfied that said person, who was known to me, IS the person and officer who
execnted the foregomg instrument on behalf of said corporation,
(3) S81d person stated that he held the position or tille set forth m the mstnunent, and
that he was authonzed to execute the IrIStrument on behalf of the corporation, and
(4) Srud person stated that be executed the IrIStnunent as the act of the corporation by
proper authority, and for the purposes stated therem
IN WITNESS WHEREOF. on thIS ;)..i? day of hJa'"w~ ,2000. I have hereunto
set my hand and affixed my official seal
•
OFFlC1AlSEM.
JACQUI!UNE S HARRISON
NOTARY PUBUC-ClREGON
COMMISSION NO 329443
MY COMMISSION EXPIRES NOV 30. 2003
My ConurusslOn Exprres
0~,",.J...ro-.~ ~~ ~
Notary PublIC
K1NDERCARE LEARNING CENTERS. INC fib< Chase Manhattan B.nkIWdmll~1Dn Trust Company SyndlebC Lease FIlWlCUIg
(Ile.ton. w ........... )
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TENANT WILMINGI'ON TRUST COMPANY, a Delaware
corporaaon, not In Its mdlvldual capaCity but solely as
Trustee of THE K1NDERCARE REALTY TRUST
1999, a
Delaware busmess trust
By _Oh*=-_'t~;: --f-;; D ........... ___ ,[Seall y ·1O;e;fB. Fell Name
Senior FInancial !lervlCM omCt.'r TItle
Signed, sealed and delivered
In the prescoce of
A ITESTING WITNESS
~fl!£
Title .hs!lItont SOLI'<'ilJr,
(UnofficllII WitneSS)
K1NDERCARI! LEARNING CENTERS. INC /The Chase Manhanan BanltlWrlmmgmn Trust Company Syndic .. Lease Fmantmg
(RtDt ... , Waobia&tcm)
PortIndl-20ISt34 2 00lB9S4-00004 12
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~ 1 .nf'.. ACKNOWLEDGMENT
STATEOF JiLlU~ )
COUNTY OF ~ lUJ ~QSl-IL ~SS
The undersIgned, a Notary Pubhc In and for the above state and county, hereby
certifies that
(1) Before me personallbhred JOI:ib'n do tl:lL , !he _
SatlprFtngrtdnI8urlcn of WILMINGTON TRUST COMPANY, not m Its
mdlvldual capacIty but solely as Trustee of THE KlNDERCARE REALTY TRUST
1999, a Delaware busmcss trust,
(2) I am satisfied that S81d person, who was known to me, IS the person and officer who
executed Ihe foregOlDg mstrument on behalf of saId corporation on behalf of such
busmess trust,
(3) SaId person stated Ihat he/she held the POSItion or title set forth m the
mstrument, and that helshe was authonzed to execute the IDstrurnent on behalf of the
corporation on behalf of such busmess trust, and
(4) SaKI person stated that he/she executed !he IDStrument as the act of the corporation on
behalf of such buSIness trust by proper aulhonty, and for !he purposes stated !herem
IN WITNESS WHEREOF, on thIS .1 <fl-h day of I1brUIl 01 ,2000, I have
hereunto set my band and affixed my offiCIal seal ~ tfr cI1u11.lL6--
Name r tliAR\Aa:PRaiA
TItle Notary Pubhc ~~r~
My Comnusslon Expll'Cs
KlNDERCARE LEARNING CENTERS, INC (]be Chase Manhattan 1lanklWliIII1IIgtoD TruSl Company SynlhehC Lease Fmanclng
(Rento., Washlllgtoo)
Porthxll·20lS 134 2 002.89~ 13
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EXIUBITA
Legal Description
of
Property
A ground leasehold estate in and to the real property described below. created pursuant
to the Underlying Ground Lease described In this Ground Lease. a memorandum of
which or short form lease pertaining to which Underlying Ground Lease has been
recorded on April 6, 2000 under Recording No. 2000040600020S, Official Records of
King County. Washington and rerecorded on M...v l~ r ~ under Recording
No. ~ff!~S% OfDclai Records of King county Washington.
The legal description of the fee title is as follows:
That ponlon of Lot 3, City of Renton short plat DIlDIber 011-87, recorded under recording
number 8802169005, in King County, Washington and further described as
Begmniog at the Southwest corner of said Lot 3, also being a point on the North Margin of
Nonheast 43rd Street; thence North 01 °14'51" East 20850 feet; thence South SS045'09'
East 146.19 feet to a point on the West margm of Northeast 44th Street, also bemg a pomt
on the Easterly line of saId Lot 3 and the beginnmg of a non-tangent curve concave
Southwest andbaving a radial beanng of South 65°24'16' West and a radius of31S.10 feet,
thence along said curve and said West margm and said East lme, Easterly and Southerly an
arc distance of 145.84 feet, through a central angle of26°16'06'; thence South 01 °40'27"
West 9 87 feet along said West margin and said East line; thence South 29°05'34" West
65 15 feet along said West margm and said East lme to a point on the North margm of
Nortbeast43rd Street and the South line ofsatd Lot 3; thence North 88°45'09" West 147 49
feet along saId North margm and said South !me to the True Point of Begmrung
TOGETIIER WITH those certain easement rights for access/parkmg as established by
Declaration of Easements recorded under Recording No ~5) :;lDD1)'9Jt;"
K1NDERCARE LEARNING CENTI!IIS, INC rn.. Cbase Manhattan BanklWoInrrngIDn Trust Company Syrchenc lnse Fmancmg
(Renton, WtsJneatClll)
Porclndl·20I$l34 2 CJ02895oI..()I) 14
Recordation requested by
KINDERCARE LEARNING
CENTERS. INC
After recordation. return to
SUlcI RIves L L P
900 SW FJfth A •• ,
SUllO 2600
Portland, Oreson 97204-1268
An'n oa",d W ~.
Maureen PI .... gan
(S!>ace above dus line for Recorder's use)
LEASE SUPPLEMENT AND SHORT FORM LEASElMEMORANDVM OF LEASE,
DEED OF TRUST, SECURITY AGREEMENT
AND FINANCING STATEMENT
(INCLUDING FIXTURE FILING) CREATED BY SYNTHETIC LEASE
(Renton, Washlttgtott)
by and between
WILMINGTON TRUST COMPANY. not m lIS mdmdual capaCIty but solely as Trustee of
THE KINDERCARE REALTY TRUST 1999, a Delaware busmess trust, Lessor
and
KINDERCARE LEARNING CENTERS, INC., Lessee
March 3, 2000
Abbreviated Legal: (CompleJe legal on ExhIbIt A) • Lot 3, Short Plat 8802169005
Tax Account Numbers: 334330-1141-02
KlNDER.CAItE LEARNING CENTERS, INC JThc Chase Manhanan BantlWdmmgton TlU$t Company Synthenc Lease Flnancmg
(R_W .... ' • ....,l
Last pruned Au",,, 28, 1999
Pon'odl-WI5!34 2 00l~4-«IOO4 ·1-
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LEASE SUPPLEMENT AND SHORT FORM LEASEIMEMORANDUM OF LEASE,
DEED OF TRUST, SECURITY AGREEMENT
AND FINANCING STATEMENT
/INCLUDING FIXTURE FILING) CREATED BY SYNTHETIC LEASE
(Renton, Washington)
11l1s LEASE SUPPLEMENT AND SHORT FORM LEASE/MEMORANDUM
OF LEASE, DEED OF TRUST, SECURITY AGREEMENT AND FINANCING STATEMENT
(INCLUDING FIXTURE FILING) CREATED BY SYNTHETIC LEASE (thIs "Short Porm
Lease") dated as of March ..!! ,2000 IS made by and between WD..MINGTON TRUST
COMPANY. not m Its mdlVlduaJ cap3CJty but solely as Trustee of THE KINDERCARE REALTY
TRUST 1999, a Delaware busmess trust, With an address c/o Wlhnmgton Trust Company. Rodney
Square North, 1100 North Market Street, Wllnungton. Delaware 1989()..()()() I, as lessor and as deed
of trust beneficwy and secured party (the "Lessor"),andKINDERCARELEARNINGCENTERS,
INC., a Delaware corporation havmg Its pnncipal office at 650 NE Holladay Street. SUlte 1400 •
Portland. Oregon 97232, as lessee and as mortgagor and debtor (the "Lessee")
Por purposes of prOVISIOns of thiS Short Porm Lease related to the creation and
enforcement of thiS Short Form Lease as a mortgage, LESSEE, as mortgagor. hereby mortgages.
encumbers and conveys a ground leasehold estate in and to the real property descnbed on the
attached Exhibit A ("Leased Propertv" or the "Propertv") to (I) THE CHASE MANHATIAN
BANK. a New York bankmg corporahon, as Agent for the benefit of certam Lenders (as defmed
m the PartiCIpation Agreement referenced below), as first-hen mortgagee/deed of trust beneflctary
("FiaHim Mortgagee"). as sernor lender. and (11) to LESSOR. as second-hen mortgagee/deed of
lruslbeneficlary ("Second-lien Mortgagee"), as subordmated lender (subordmate to the hen grarued
to THE CHASE MANHATTAN BANK) SlIch ground leasehold estate in and to the Leased
Property bas been created by that certain Ground Lease (the "Underlnng Ground Lease")
dated Man:b 3,2000, between EXIT 7, INC.("Fee Owner"), as Iandlordllessor, and Lessee,
as tenantllessee. The Underlying GrollDd Lease (or a memorandnm thereof) bas been recorded
as Auditor's File No. 20000406000205 Official Records of King COWlty, Washington. Lessee
bas groUDd leased ita Interest In tbe Leased Property pursuant to a Ground Lease to Lessor,
executed and dated contemporaneously with this instrnment, which Ground Lease (or a
memorandum thereof) bas been (or is coucurreoly being) recorded as Auditor's File No. _
~laooo'5'1"i , Official Records of ICing COllDty, Washington]
K1NDERCARE LEARNING CENTERS. INC IThe Chase Mal1hattan BanklWllmmgton TRist Company SynthetIC Lease Financing
(R ....... Was/lmglon )
Last pru1Ied August 28. 1999
PnnIndl-2{)ISI34 2 0028954-00004 -2-
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For purposes of provIsIons of thiS Short Form Lease related to the creatIOn and enforcement
of tlns Instrument as a deed of trust, LESSEE as grantor/trustor, hereby conveys a ground
leasehold estate in and to the Leased Property deSCribed on the attached Exhibit A to FIRST
AMERICAN TITLE INSURANCE COMPANY, as benefiCiary, IN TRUST AND WITH POWER
OF SALE, for the benefit of the follOWing as benefic lanes (I) First-lien Mortgagee, as Agent for
the benefit of certam Lenders (as defined m the Partlclpallon Agreement referenced below), as flrst-
hen deed of trust beneficiary, as semor lender, and (11) to LESSOR, as second-hen deed of trust
beneficiary, as subordmated lender (subordmate to the hen granted In favor of THE CHASE
MANHATTAN BANK)
The malUmy date of the secured obhgatlons shall be not later than February 13, 2004.
For purposes of prOVISIOns of thIS Short Form Lease related to the creallon and enforcement
of thIS Instrument as a secunty agreement and a fIXture filing, LESSEE IS the debtor and LESSOR
IS the secured party
Agreement
In consideration of the premises and the mumal agreements herem contamed and
other good and valuable conslderallon, the receipt and suffiCiency of which are hereby
acknowledged, the parties herelo agree as follows
SECTION 1 Definmons. Interpretatton Capllahzed tenns used herem and not
otherwise defined herem shall have the meanmgs assigned thereto m the Lease dated as of September
2, 1999 between Lessor and Lessee (as supplemented With any Lease Supplements or Memoranda
of Lease and as II may be further amended, supplemented or otherwase modified from lime to ttme
m accordance With the tenos thereof or of any other Operallve Agreement, the "~") Certain
of those defined lerms are also set forth on ANNEX A attached herelO and made a part hereof This
Short Form Lease IS the "Memorandum of Lease" descnbed ID Section 30 8 of the Lease
SECTION 2 Lease Term
2 1 Pursuant to the terms of the Lease, Ihe Lessor has leased and does hereby lease
to the Lessee a ground leasehold estate in and to certam property (the "PropertY") descnbed
on the attached Exhlb!t A, With rentals to be paid as prOVided m the Lease The Property IS leased
for a Term commencmg on the date hereof and lermmatmg on February 13,2004, unless the Term
IS earher term mated ID accordance With the terms of Ihe Lease
KINDERCARE LEARNING CBNTERS. INC fThe Chase Manta.nan BankfWllmlnt;ton Trust Company SynthelK. Le ... se FII14nt.mg
(IU ..... , Washmllloo )
Last primed Abpsi 28. 1999
Ponlndl-201~1)4 2 1II.l~ -3-
= = <£> = =
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2 2 The Lease contams certam mandatory and optional purchase nghts and Options
dunng the Term pursuant to whIch the Lessee may acqUire the Propeny
2 3 In addlt10n to those terms referred to herem, the Lease contams numerous
other terms, covenants and COndItIOns which affect the Property, and notIce IS hereby gIven that
reference should be had to the Lease WIth respect to the detatls of such terms, covenants and
condItions A copy of the Lease or of the other agreements referenced herem or therem may be
obtamed from any of the panIcs hereto at the addresses set forth herem
SECTION 3 OwnershIp of the Property It IS the mtent of the partIes hereto that
(A) the Lease COIISUtutes an ·operatmg lease" pursuant to Statement of FinanCIal Accountmg
Standards No 13, as amended, for purposes of the Lessee's financIal reportmg, (B) for purposes of
Federal, state and local mcome tax and for all other purposes, (I) the transaction contemplated by
the Lease IS a financmg arrangement and preserves ownership of the Property m the Lessee, (II) the
transacllon contemplated by the Lease IS a secured borrowmg for the purposes of the exercIse of
remedIes hereunder or any enforcement or collection actions pursuant to the term hereof followlOg
the occurrence and dunng the contmuance of a Lease Event of Default, and (x) by the Lease, as
supplemented by tIus Short Form Lease, the Lessee granlS a mortgage upon and a secunty mterest
m and a ben on the Lessee's benefiCIal ownershtp mterest m the Propeny for the benefit of the
Lessor to secure the Lessee's payment of all amoUllts owed by the Lessee under the Lease and the
other Operallve Agreemeots, and (y) the Lessor holds utle to or a ground leasehold Interest m the
Property so as to create and grant a first ben and prior secunty mterest m the Property (A) pursuant
to the Lease, as supplemented by thIS Shon Form Lease, for the benefit of the Agent under the
Asslgnmetu of Lease, to secure to the Agent the obbgatlons of Lessee under the Lease as
supplemented by thIS Shon Form Lease and (B) pursuant to the Mongage (as defined m Annex A),
to secure to the Ageot the obbgatlons of Lessor under the Mongage and tbe Notes m the aggregate
amount of Ninety -Six MiUiOD Five Hundred Tbousand and No/IOO ..... Dollars ($96,500,000.00)
In addmon, the panics acknowledge and agree that the charactertzatton of the transaction and the
Lessee's obhgattons as provided m thIS SectIon 3 shall no! dlmlDlsh the Lessee's express nghts under
the Lease and the other Operative Agreements, mcludmg, wlthoutltmltatton, the Lessee's nghtlo
purchase the Property
SECTION 4 Granl of Mortgage Lien and Security Interest. ASSIgnment of Rents
To secure to the Lessor the payment of all amounts owed to Lessor by Lessee under the Lease and
the other Operative Agreements and to permit Lessor to grant to Agent as Mongagee under the
Mortgage and convey to FIRST AMERICAN TITLE INSURANCE COMPANY ("Trustee") as
deed of trust trustee under the deed of Imst prOVISIOns of the Mongage, for the benefit of Agenl as
KlNDERCARE LEARN'rNG CENTERS. INC rIlle Chase Manhattlln BankIWdmm,lon Trust Company Synlhellc Lease Fmancmg
(Rmt .. , Wosiunctoo )
La" pnmod AIIJIISI 28, 1999
Portllxl1.2015134 2 0028954-00004 -4-
beneficiary under the deed of trust provIsIons of the Mortgage, a first hen and pnor security mteres.
m the Leased Property
4 1 Subject to the .erms and condlllons of the Lease as supplemented by thiS Short
Form Lease (mcludmg, Wlthoul hmltallOn, the Lessee's fights hereunder and thereunder so long as
no lease Everll of Default has occurred and IS continuing), the Lessee has caused Lessor to hold utle
to or a ground leasehold mterest m the Property and does hereby mortgage, encumber, grant,
bargain, sell, convey, assIgn, transfer and selover 10 the Lessor as mortgagee and Trustee, as deed
of trust trustee, for the benefit of Lessor, as deed of trust benefiCiary, WITH POWER OF SALE,
to the extent penmlted by apphcable law, the follOWing (I) all of the Lessee's nght, utle and mteres.
In the Property, Ifany, (u) all nghts and benefits of whatever nature denved or to be denved by the
Lessee under or by VIrtue of .he Lease, and (III) all of the Lessee's nght, title and mterest In and to
all proceeds of the converSIOn, whether voluruary or mvoluntary, of any of the above-descnbed
property mto cash or other hquld clauns, mcludmg, WIthout hmltatlOn. all awards. payments or
proceeds, including mterestthereon, and the nght to receIVe the same, whIch may be made as a
result of casualty, any exerclSC of the nght of emment domam or deed 10 heu thereof, the alterauon
of the grade of any street and any mJury to or decrease In the value thereof, the foregomg bemg
referred to hereinafter as the "Security Property", subject. however, to the prior hen and secumy
Interest granted to Agerll by Lessor and Lessee m the Mortgage andlor ASSignment of Lease
TO HAVE AND TO HOLD the Secuflty Property, subject however to Permllled
Liens, unto the Lessor, Its successors and aSSIgns, forever, for the uses and purposes herem
expressed, but not oIherwlSC
4 2 Subject to the terms and condlllOns of the Lease as supplemented by thIS
Short Form Lease (mcludmg, Without hmltatlon, the Lessee's rights hereunder and thereunder so
long as no Lease EverJt of Default has occurred and 15 continuing), the Lessee (as debtor) hereby
grants 10 the Lessor (as secured party) a secunty lmerest In the Lessee's mterest m that porllon of
the Secunty Property (the ·UCC Propem") subject to the Uruform CommercIal Code of the State
of Washington (the "UCC") The Lease, as supplemented by thIS Short Form Lease, shall also be
deemed to be a secunty agreement and shall support any fmanclng statemenl showmg the Lessor's
mterest as a secured party WIth respect to any portIon of the UCC Property descnbed 10 such
fmanclng statemerll The Lessee agrees, at Its sale cost and expense, to execute. delIver and file
from lime to time such further Inslruments as may be requested by the Lessor 10 confirm and perfecl
the hen of the seCUrity mterest In the collateral described 10 thIS Short Form Lease
4 3 The Lessee (as assignor) hereby Irrevocably assIgns, conveys. transfers and
sets Over unto the Lessor (as assIgnee) (subject, however, to the Lease and the nghts of the Lessee
KlNDERCARE LEARNING CENTERS. INC {The Chase Manhanan BanklWlImmgtoll Trust Company ~ynthetlC Le.tSt: FlnanclOg
(ReDI •• , \'1'......,..., )
Last pnnted A_' 28. 1999
"""'ndl-20151).1 2 0021195W0004 -5-
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thereunder and hereunder) all and every part of the rents. Issues and profus (collecllvely. the
"Profits") that may from bme to tIme become due and payable on account of any and all subleases
or other occupancy agreements now eXlstmg. or that may hereafter come mto eXIstence wIth respect
10 the Property or any part thereof. Includmg any guarannes of such subleases or other occupancy
agreements (collectIvely, the "Subleases") Upon request of the Lessor, the Lessee shall execute and
cause to be recorded, at us expense, supplemental or additional assIgnments of any Subleases of the
Property Upon the occurrence and dunng the contmuance of a Lease Event of Default and subject
to the prOVISIOns of subsecllon S(c) hereof, the Lessor IS hereby fully authonzed and empowered m
Its ducrenon (10 addition to all other powers and fights herem granted), and subJect to the Lease and
the nghts of the Lessee thereunder and bereunder, to apply for and collect and receIve all sucb
Profits and enforce such guaranty or guaranlles, and all money so receIved under and by virtue of
thJ.S assignment shall be held and apphed as further secunty for the payment of the loan(s) secured
hereby
44 Notwlthstandmg that tillS Short Fonn Lease IS an absolute assIgnment or the
Profns and the Subleases and not merely the collateral assignment of, or the grant of a hen or
secunty Interesl 10 the ProfilS and the Subleases, Lessor granlS to Lessee a revocable hcense to
collect and receIve the Profits and to retam, use and enJoy such ProfllS Such hcense shall be
automatically revo1ced upon the occurrence and durmg the contmuance of any Lease Event of
Default
SECTION 5 RemedIes
S I Upon the occurrence and durmg the contmuance of a Lease Event of
Default, the Lessor (and/or First-lien Mortgagee. as assIgnee of the Lessor's mterest herem) may
exercIse anyone or more of the followmg fights and remedIes as II, 10 lIS sole dIscretIon may deem
necessary or appropnate
(a) collecl Interest on all past due sums at the Overdue Rate,
(b) tennmate the Lease and, ellher 10 person or by agent. With or WIthOUt
bnnglOg any aCllon or prOCeedmg, or by a receiver appomted by a coun,
and WIthout regard 10 the adequacy of secUrity, enter upon and take
possessIOn of the Property, or any part thereof, In lis own name, and do any
acts wbtth 11 deems necessaty or deSirable 10 preserve the value.
marketability or rentability of the Property, or any part thereof or Interest
therem, to Increase the mcome therefrom or to protecl the secunty hereof
and, With or WIthOut takmg possessIOn of the Property. to sue for or
KlNDERCARE LEARNING CENTERS. INC /The Chase Manhanan BanklWllmmglOn Trust Company Synthellc. Lease F,nanc:lftg
(RUlon.. WllS'hm,ctoa )
Last pnmed AUJUSI lS. 1999
"'.""'I-20ISl34 2 002S9S4-0II004 -6-
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(c)
otherwise to collect the Profits thereof, Includmg, without limitation, those
past due and unpaid, and to apply the same, less COSts and expenses of
operatIOn and collectIOn, InCludmg, without limitation. reasonable attorneys'
fees, upon any obligations secured hereby, all m such order as the Lessor
may determme The entermg upon and talong possession of the Propeny,
and the collecuon of such Profits and the appllcauon thereof as aforesaid.
shall not cure or waive any Lease Event of Default or notice of a Lease
Event of Default hereunder or mvahdate any act done m response to such
Lease Event of Default and, notwllhstandmg the continuance In possession
of the Lessor or the collectIOn, receipt and apphcatlon of Profits by the
Lessor, the Lessor shall be entItled to exercISe every right provided for
herem or by law upon the occurrence and durmg the connnuance of any
Lease Event of Default, mcludmg, Without hnutatlOn, the nght to exercIse
the power of sale,
declare all sums secured hereby ImmedIately due and payable by delivery
to Lessor and Trustee, as apphcable, and to Lessee of wntten declaratIOn
of the occurrence and conunuance of a Lease Event of Default and demand
for sale and of wntten notIce of the occurrence and connnuance of a Lease
Event of Default and of elecuon to cause to be sold saId Property, whIch
nouce Lessor or Trustee, as applicable, shall cause to be filed for record
After the lapse of such urne as may then be reqUIred by law follOWing the
recordanon of saId notIce of the occurrence and contmuance of a Lease
Event of Default, and nouce of sale having been gIven as then reqUIred by
law, Lessor or Trustee, as apphcable, WIthout demand on the Lessee, shall
sell saId Property at the tune and place fixed by It In saId notice of sale.
eIther as a whole or m separate parcels, and in such order as It may
determme, at public auctIon to the highest bIdder for cash In lawful money
of the Uruted States. payable at lime of sale Lessor or Trustee. as
apphcable, may postpone sale of all or any portIon of said Property by
publIC announcement of postponement Lessor or Trustee, as apphcable,
shall deliver to such purchaser Its deed conveymg the property so sold, but
Without any covenant or warranty, express or Implied The recitals In such
deed of any matters or facts shall be conclUSIve proof of the truthfulness
thereof Any person, Including the Lessee. or the Lessor. may purchase al
such sale After deductmg all costs. fees and expenses of Lessor and
Trustee, as applicable, and the Trust, mcludmg cost of eVIdence of tItle m
connectIon WIth sale, Lessor or Trustee. as apphcable. shall apply the
KlNDERCARE LEARNING CENTERS, INC !The Chase Manhauan BanklWllmlDgron Trusl Company SyruhCllC Le .. st. Fm.ulLLI1g
(Renf.on. W_hmetOD )
l.asI pr .... a Au_ 28. 1999
PartJndl-lOISl34 2 00lIJ9:S4.(XJ0{ w 7-
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proceeds of sale m accordance WIth the provISIOns of Sec non 21 2 of Ihe
Lease, provided, that the exercIse of each of the nghts set fonh m thIs
clause (c) IS permitted by applicable law,
(d) m heu of sale pursuant to the power of sale conferred hereby, foreclose m
the manner provided by law for the foreclosure of mongages andlor deeds
of trust, as apphcable, on real property,
(e) declare unmedlately due and payable WIthout nOllce or demand, except as
otherwtse required hereunder or under apphcable law, all amounts payable
by the Lessee hereunder or under the other Operallve Agreements whIch
are then unpaId, WIth all Interest and sums accrued, and accelerate payment
thereof notwlthstandmg contrary terms of payment Slated the rem and
exerclSC all nghts and remedIes available hereunder, al law, In eqUity or
otherwISe,
(f) as a matter of right, and upon notIce to the Lessee or anyone clalmmg under
the Lessee and wllhout regard to the adequacy of Its secunty or the then
value of the Propeny or the mterest of the Lessee therem, apply to any
coun havmg JUrISdictIon to appomt a receIver or receivers of the Property
and the Lessee hereby Irrevocably consents to such appomtment and, to the
extent permItted by appbcable law, waIVes notice of any apphcallon
therefor Any such receiver or receIvers shall have all the usual powers and
dUlleS of receivers 10 Ilke or slnular cases and all the powers of the Lessor
provIded for m Section 5 I (b) above, and shall contmue as a receIver and
exercise all such powers unlll the date of confirmation of sale of the
Property unless such reeeiverslup IS sooner lermmated by the Lessor m Its
sale dIscretion
Upon the occurrence and dunng the contmuance of a Lease Event of Default, the
Lessor and Trustee, as applIcable, shall be ennded to enforce payment and performance of any
obllgallons secured hereby and to exercIse all nghts and powers hereunder or any laws now or
hereafter m force. notwl!hstandmg thai some or all of saId obhgallons secured hereby may now or
hereafter be OtherwISe secured, whether by mortgage, deed of trust, pledge, LIen, asslgnmem or
otherwISe NeIther the acceptance nor the enforcement hereof, whether by coun acllon or pursuam
to the power of sale or other powers herem contamed, shall prejudIce or many marmer affect
Lessor's nght and Trustee's nght, as apphcable, to realrze upon or enforce any other security now
or hereafter held by the Lessor and/or Trustee, as apphcable, and the Lessor andlor Trustee, as
KINDERCAP.E LEARNING CBNTERS, INC /The Chase Manhanan BanklWdmmglOft Trust Company Symheuc Lease Flnancmg
(Rent .... W ........ on )
Last pnmcd Auaust 28. 1999
Ponlodl-20I5I)1l IJ0289S4.OOOO4 -8-
= Co:>
<.0 = = =
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= = = """
applicable, shall be entitled to enforce the nghts and remedIes provIded for herem and any other
secUrity now or hereafter held by the Lessor andlor Trustee, as applicable, In such order and manner
as It may In Its absolute dlScrellon determme No remedy conferred upon or reserved to the Lessor
andlor Trustee, as applicable, IS tntended to be exclusIve of any other remedy, but each shall be
cumulatIVe and shall be In addItIon to every other remedy gIven hereby or now or hereafter eXlstmg
at law or In eqUIty or by statute Every power or remedy gIven hereby to the Lessor andlor Trustee,
as apphcable, or to whIch the Lessor andlor Trustee. as applicable. may be otherwIse enmled. may
be exercISed, concurrently or Independently, from tIme to time and as often as may be deemed
expedIent by the Lessor andlor Trustee, as applicable, and the Lessor andlor Trustee, as applicable.
may pursue IIlCOrlSlStent remedIes
5 2 Upon the occurrence and during the comlnuance of a Lease Event of
Default, the Lessor, In addition to and not In lieu of or In dmunutlon of the fights and remedies
proVided above shall have all of the fights and remedIes of a secured party under the uee, whIch
rights and remedies may be exercISed without applicatIon to any coun to the extent permItted by the
uee
5 3 It IS the tntent of the parties hereto that the Lease be treated as a secured
borrowmg to the extent proVIded m Section 3 above, and that, upon the occurrence and dunng the
commuance of a Lease Event of Default, the Lessor shall have the remedies prOVided for In thiS
Secbon 5 In the event that, notwlthstandmg the mtemlon of the parties, a coun of competent
JurISdIctIon deterrmnes that, for the purpose of remedIes, the transaction contemplated by the Lease
COnstItutes a leasIng arrangement, the parties hereto acknowledge and agree Ihat the Lessor shall
have, as a resull of such delennmatlon, In lieu of the remedIes set fanh IR thIS Secllon 5. al\ of the
nghts and remedIes of a landlord provided for m ArtIcle XVII of the Lease, prOVIded that the panles
hereto acknowledge and agree that It IS their mtenl thaI the Lease be construed as prOVIded In Secllon
3
SECTION 6 RatIfication Except as expressly sel fonh herem, thIS Short Form
Lease docs not aller, amend, modify or change the Lease or the exhIbits thereto It IS Ihe mtent of
the panles that thIS Short Fonn Lease be recorded and gIVe nOllce of and confinn the Lease and
exhtblts thereto to the same extent as If all of the prOVISIOns of the Lease and exhibIts therelo were
fully set fonh herem The Lease and exhIbIts thereto are 1DC0TpDrated by reference 111 thIS Sbon
Fonn Lease and, except as expressly modIfied hereby, the terms and provISIons of the Lease are
hereby ratIfied and conftrmed and remaIn 10 full force and effect
SECTION 7 Ongmal Shon Form Lease NOtwithstandIng anythmg to the contrary
sel forth 111 the documentary conventions, the smgle executed ongmal of thIS Shon Form Lease
KINDERCARE LEARNING CENTERS. INC !The Chase Manhallan BankJW.ltrungton Trust Company Symheuc Leise Fmanelll,
(Renion, WashmeCon)
Last pmud Au,." 28, 1999 -9-
PoI11ndl~20151341 ~
<=> = <0 = "" = <'-I
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marked "THIS COUNTERPART IS THE ORIGINAL EXECUTED COUNTERPART" on the
sIgnature page thereof and contaInIng the receIpt of the Agent therefor on or followmg the sIgnature
page thereof shall be the Onglnal Executed Counterpart of thIS Short Form Lease (the "Ongmal
ExecUJed Countemart') To the extent that thIS Short Form Lease constItutes chattel paper, as such
term IS defmed m the Umform Conunerclal Code as In effect m any applIcable Junsdlctton, no
secunty tnterest m !Ius Shon Form Lease may be created through the transfer or possessIon of any
counterpan other than the Ortgmal Execuled Counterpart
SECTION 8 GOVERNING LAW THE LEASE AND THIS SHORT FORM
LEASE SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN
ACCORDANCE WITH. THE LAWS OF THE STATE OF NEW YORK. WITHOUT REGARD
TO CONFLICTS OF LAW PRINCIPLES. EXCEPT TO THE EXTENT THAT THE LAWS OF
THE STATE IN WmCH THIS SHORT FORM LEASE IS RECORDED REQUIRE THAT THE
LAWS OF THAT STATE BE APPLIED TO THE LEASE AND THIS SHORT FORM LEASE. IN
SUCH CASE, AND TO SUCH EXTENT. THE LEASE AND THIS SHORT FORM LEASE
SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THAT STATE IT IS THE INTENTION OF THE PARTIES THAT THE LEASE AND THIS
SHORT FORM LEASE CONSTITUTE A SECURED BORROWING TO THE EXTENT
PROVIDED IN SECTION 3 HEREOF AND THAT THE LAWS OF THE STATE OF NEW
YORK. WITHOUT REGARD TO CONFLICTS OF LA WS PRINCIPLES. SHALL GOVERN THE
CREATION, TERMS AND PROVISIONS OF THE INDEBTEDNESS EVIDENCED THEREBY
AND HEREBY, BUT THE DEED OF TRUST AND LIEN CREATED THEREBY AND HEREBY
AND THE ENFORCEMENT OF SAID DEED OF TRUST AND LIEN SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH
THIS SHORT FORM LEASE IS RECORDED
SECTION 9 Merger If the fee SImple nile 10 the Propeny and the leasehold
Interest therem shall be held by the same party. the mterest m the Propeny granted to the Lessor
pursuant to the Lease and thIS Short Form Lease shall not teomnate or be merged. and the Lease and
thtS Shon Form Lease shall remam m full force and effect
SECTION 10 MaxlUrum Interest Rate No provIsIon of thIS Shon Fonn Lease or
any transactIon related thereto shall reqUIre the payment or permIt the collectIon of Interest or any
other amount m excess of the maxImum permitted by apphcable law If any excess of mterest or any
other amount m such respect IS herem or any other Operattve Agreement prOVIded for, the Lessee
shall not be obhgated to pay such excess mterest or any other amounts 1R excess of the amount
permUted by appbcable law. and the nght to demand the payment of any such excess shall be and
J{lNDERCARS LEARNING CENTERS. INC rIlle Chase Manhatmn iJankIWllmmglOn Truu Company SynthcClc Lease Fmanem.
(Renton. WashmJlon )
Usr pnn .... August 28. 1999
P..,hodl-20I5134 2 001~ -10-
= = '" <:> = r> ..-..
on
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hereby IS waIved, and thIS provIsIOn shall control any other provIsIon of thiS Shon Form Lease and
the other Operallve Agreements
SECTION 11 AsSIgnment to Agent Pursuant to the Assignment of Lease. the
Lessor has assigned to the Agenl, as Agent for the Lenders, all of ItS nght, utle and mterest m and
to the Lease, together With all Rent, and m confll1l\allon thereof the Lessor does hereby assign,
transfer and set over unto the Agent, as Agent for the Lenders, subject to the tenns of the
ASSIgnment of Lease, all of the right, tltle and mterest of the Lessor m and to all of the Lease,
together with all Rent. all mo(lIflCallOns, renewals and extensIons thereof and any guarantees of the
Lessee's obligatIOns under the Lease
SECTION 12 Counterparts ThIS Shon Form Lease may be executed m several
counterparts, each of winch shall be an ongmal except as prOVided III Secllon 7. above, and all of
whIch together shall COnstitute but one and the same IOstrumenl
SECTION 13 Secunty Agreemenl and Ftnancmg Statement The mruhng address
of debtor (the Leasee herem) and of the secured pany (the Lessor herem) from whIch mformatlOn
concenung secunly mterests hereunder may be obtamed IS as set forth on the signature pages of thIS
mstrumenl A carbon. photographIC or other reproductIOn of thIS Instrument or of any financmg
statcrnem related to thIS UlSlrUmenl shall be suffiCIent as a finanCIng stalernenl for any of the purposes
refercT\Ced herem For purposes of thIS mstrument as a fixture fdmg, If Lessee IS not a record owner
of the real propeny. the record owner ("Fee Owner") of the real propeny descnbed on ExhIbit A
IS
SECTION 14 Srate Law ReCItals and PrOVISIOnS
(a) Business Purpose; Statutory Recita! for Deed of Trust Leasee
warrams that II IS engagmg m thIS transaCtion exchislVely for busmess, commerCIal or mvestment
purposes Lessee warrants that the Propeny IS not used pnnclpally for agncultural or farmmg
purposes (If the Propeny IS In Washmgton)
(b) Wa!!hington StatutOry Notke. ORAL AGREEMENTS OR
ORAL COMMITMENTS TO LOAN MONEY, EXTENDCREDlT OR TO FORBEAR FROM
ENFORCINGREPAl'MENT OF DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON
LAW.
SECTION 15 Emancmg Statement For purposes of thIS mSTrument as a fixture
filmg, and for all other purposes, unless otherwise specifically provided herem, all nOllces, consents,
KlNDERCAR.E LEARNING C£NTERS. [Ne ITbe Chase Manhaaan BtnklWtlmmglon Tru51 CGmpan)' SynthcbC Le,ne Fmancmg
(R"" .... Wuhlaat ... )
l...asI: pnnred AUJUSl28. 1999
Port".U-201>134 2 ClO2B9U<lOOO4 -11-
Lr> =
directIOns, approvals, IlIStructlOns, requeslS and other commumcatlons reqUIred or penmtled by the
tenns hereof to be given to any Person shall be given m wntmg by nationally recognized couner
service and any such notice shall become effectIVe (a) five Busmess Days after bemg deposited m
the malls, cernfied or registered With appropnate postage prepald, (b) one Busmess Day after
debvery to a natIOnally recogmzed couner service speclfymg overnight delivery, (c) when dehvered
by hand, or (d) m the case of facsImile DOllce, when received (when receipt IS ellher confirmed by
confimung transmISSIon equ1pDlent or acknowledged by the addressee or liS office) and shall be
dlIeCled to the address of such Person as mdlcated
Address of LesseelDebtor
KinderCare Learning Centers, Inc,
650 HE Holladay Street, Suite 1400
Portland, Oregon 97232
AtleDtlOn Cluef Fmanclal Officer
Fax 503-872-1349
Address of Lessor/Secured party
Wilmington Trust Company, as Trustee of
THE KlNDERCARE REALTY TRUST 1999
Rodney Square North
1100 North Market Street
Wdmmgton, Delaware 19890-0001
Attn Corporate Trusl AdmlmslraUon
Fax 302-651-8882
In addnlon, copies of any ootlce to Lessee will be sem as prOVided m the Lease From tune to tune,
any party may desIgnate a new address for purposes of notIce hereunder by DOtlce to each of the
other parnes hereto
SECTION 16 Sall.facllon of the Mortgage, SecurllV Interest and Assl!wmem of
Rents and Sub!e"... If the Lessee compbes wllh the prOVISIons of thIS Short Form Lease and pays
10 the Lessor the Indebtedness secured hereby, m accordance With the prOVIsIons of the Lease, as
supplemented by thIS Shott Fonn Lease, and the other Operative Agreemenls and m the manner and
at the tunes set forth therem, WIthout dedUCtion, fraud or delay, then and from thenceforth llus Short
Fonn Lease and the estate hereby granted and created m favor of the Lessor, as a mortgage hen and
deed of trIJS(, shall cease and become VOId, anythmg herembefore contamed to the contrary
nolWtthstandmg, and The Chase ManhallaD Bank and Lessor shall take any action needed to satisfy
and cause thIS mstrumenIto be released of record
[NO MORE TEXT ON TlDS PAGE]
KlNDERCARE LEARNING CENTERS. INC /The Chase: Manhanan lIankfWllrmngton TruSi Company Synthetic [.elSe Financing
(RemOD, WufaaJctoa ,
..... pnnt<d August 28. 1!l99
Ponh,dl·2015134 2 00l8'JS4.00i)04 -12-
IN WITNESS WHEREOF, each of the panles herelo has caused IhlS Shorl Form
Lease 10 be duly execuled under seal by an officer thereunlo duly authorlZed as of the dale and year
first above wntten
LESSOR
SIgned. sealed and deltvered
~3!l WITNESS
~)
f'flI'J\i LV. M ORRAN
STATE OF DELAWARE
WILMINGTON TRUST COMPANY. nol In lis
IndIvIdual capacllY but solely as Trustee of THE
KlNDERCARE REALTY TRUST 1999. a
Delaware business trusl " .. ,.
ACKNOWLEDGMENT
)
) ss
County of New Castle fY
I, m(lY] ~ G l ~anLUR. a Notary PublIC, resldmg m lbe County and Stale
aforesaId, do cerufy IhaI ~n g" tPL . who IS personally 10 me known. IbIS day
appeared before me persona1ly and dId acknowledge IhaI be or sbe dId Slgo. seal and deliver Jbe foregomg
IDStrumenl of blS or her ~_ will and accord. for Jbe purposes Jberetn named and expressed. as Ihe_
Senior FInanCUJl Servk:U UJ1ICfIT of WILMINGTON TRUST COMPANY, a Delaware corporatIon. on
behalf of such COtpOrabOD. nol m lIS mdlVldual capacIty, bul solely as Trustee under TIlE KINDERCARE
REALTY TRUST 1999, a DeJaware busmess trust. on behalf of such busmess lrust
1')!l.IkI 1'1 !TJlII n A .... ~1" \lay of~~2000J' _\ 'i L L A --• l--~ .... ".". ~
Q ;' ..... ~1.1., ........ .
ril!\ ,.".. ~ . lA..U It :t t2!~ ~~., ... ,,~.:.
IN WITNESS WHEREOF, 1 bave hereunto sel my and OffICIal seal.
Notary PublIC ~
My comnusslon xplres ~ -\,. "" -~.... "," • po.. ~
MARrA G. PANQ;'i "
PrJrATr( PlIBLIC-DElAWARE
IIyClOlllllllatJn "'''-7, _
KlNDERCARE LEARNING CENTERS. INC fThe CIwe Manhanan BanklWdmmglon Trust Company SynthelK. Lease Fmanclllg
(Rmt .... W .. huIg!on )
WI pnnrcd Aupst 28. 1999
Pmlndl·2015134 2 00l!9S4-0XX)4 -13-
<=>
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LESSEE
Signed, sealed and delivered
m the presence of
ATTESTING WITNESS
AM1)~
Wofficlal WlIness)
STATE OF OREGON
County of Multnomah
)
) ss
)
KINDERCARE LEARNING
-:.....,f-Lf----:-_+ __ [SEAL]
e A Walters
ACKNOWLEDGMENT
emor V Ice President and Chief
Development Officer
~.., \ \ ,"
o I~'-",.&.\ ....... !")?!US~:¥\, a Notary Pubhc, resldmg m the County and o '" State afores31d, do certify that BRUCE A WALTERS, who IS personally to me known. thiS day
appeared before me personally and did acknowledge that he or she did sign. seal and dehver the
foregOing mstrument of hIS or her own free will and accord, for the purposes therem n3lOed and
expressed. as the SENIOR VICE PRESIDENT AND CHIEF DEVELOPMENT OFFICER of
KlNDERCARE LEARNING CENTERS, INC., a Delaware corporation. on behalf of such
corporallon
7Q ~V411.'f
IN WITNESS WHEREOF. I have hereunto set my and offiCial seal, thiS? ":'> day ofMareh. 2000
•
Cll'FlClALSEAL
JACQUEUNE S. HARRISON
NOTARY PUBUC'()AEGON
COMMISSION NO 329«3 111 COMMISSION EXPIRES !IOV 30, 2003
tary Pubhc for tile State of Oregon
commiSSion expires I \ -3," -~ :::,
KlNDERCARE LEARNING CENTERS, INC /The Chast: Manhaaan BanklWlfmmgton Trusl Company Synthetic Lease' Fm3locmg
(Renton, W'-poa )
La~ pnllled AUJUSl2!. 1999
Pon'ndHOl5l34 2 ClO289S4-00004 -14-
-Ln
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ReceIpt 9tJf1S oTJllmal counterpan of the foregomg Short Fonn Lease IS hereby
acknowledged on thIS 3. 8lf of IV\Q.lCfJj ,2000
SIgned, sealed and delivered
In the presence of
ATTESTING WITNESS
(UnoffiCial WJlDessD
STATE OF NEW YORK
County of NQJ...:j yf.'rk..
THE CHASE MANHATIAN BANI\.,
as Agent
" ••• <"-
By
... 0,
ty c~ -. :'d~Ll
Name 0 Kathryn A Dunun :
TItle VIce PresIdent "
• "
".
ACKNOWLEDGMENT
)
) ss
)
I. ASA \I GR,1r:F'IT1f .aNolaryPubhc,resldmgmtheCounryand
State aforesaid. do certifY that KATHRYN A, DUNCAN. who IS personally to me known. thIS day
appeared before me personally and dId acknowledge that he or she dId sIgn. seal and dehver the
foregomg InStrument of hIS ~free WIll and accord, for the purposes therem named and
expressed. as the VICE of THE CHASE MANHATIAN BANK, a New York
banking corporation. on behalf of such corporalJon
IN WITNESS WHEREOF. I have hereunto set my and offiCial seal, thIS 3..-lday of March. 2000
ELSA V GRIFFITH
Notarv Publ..,. State 01 New Vor"
No 01GR4838119
Ou'\hftl'>d til t(lnqs County'
CommiSSion EJ(~lr6~ Mdrch 30. ZOO (
KlNDERCARE LEARNING C6NTtiRS. INC !The Chase Manhman RankIWllmlngtol\ Trust Compan)' SyrnheltC Lease F111l~mg
(ReDion. WuJmtatOll )
I..a$I pnno:d A ..... ZII. 1999
..... ndl.101SIl41 002 .. ,woo04 ·15·
EXHIBIT A
(Renton, Wuhington)
That portion of Lot 3, City of Renton short plat number 011-87, recorded under
recordmg number 8802169005, in King County, Washmgton and further descnbed as:
Beginning at the Southwest corner of said Lot 3, also being a point on the North Margin
of Northeast 43rd Street; thence North 01 0 14' 51" East 208 50 feet; thence South
c&8°45'09" East 146.19 feet to a point on the West margin of Northeast 44th Street, also
~mg a point on the Easterly line of said Lot 3 and the begmnmg of a non~t curve
<:aJDcave Southwest and having a rad!al beanng of South 65°24'16" West and a radius of
:;;18.10 feet; thence along said curve and srud West margm and said East line, Easterly
"lnd Southerly an arc distance of 145.84 feet, through a central angle of 26°16'06",
:;:thence South 01 °40'27" West 9 87 feet along said West margin and saId East lme; thence
c::Bouth 29°05'34" West 65 15 feet along said West margin and said East line to a pomt on
dhe North margin of Northeast 43rd Street and the South lme of S81d Lot 3, thence North
~8°45'09" West 147.49 feet along srud North margm and satd South lme to the True
""Pomt of Beginning.
TOGEI'HER WITH those certain easement nghts for accessJparklng as established by
Declaration of Easements recorded under Recordmg No. ~r~oooS'''G".
.". =
ANNEX A
Certain Defined Terms
The term ·lnitial Closing Date· shall mean September 2, 1999 (which was the mlllal closmg
date for the executIOn of documents between the parties related to thIs synrheuc lease financmg
faCIlity)
.... The term "Mortgage" as to the Propeny described m thiS mstrument rneans the Deed of
<:;>
<:::> Trust, AsSIgnment of Rents and Leases, Secunty Agreement and Flnancmg Statement (Includmg
~ Fixture FJlmg) by WILMINGTON TRUST COMPANY, a Delaware cOIpOratlon, not In liS
mdlvldual capaCIty, but solely as Trustee under THE KlNDERCARE REALTY TRUST 1999, as
:;:; Grantor and Debtor, In favor of TIlE CHASE MANHATTAN BANK, as agent, as BeneficllIry and
c> Secured Pany, WIth an attached JOinder of Lessee by KlNDERCARE LEARNING CENTERS,
C".> INC., as lessee, dated the same dale as thIS InStrument
o
<::> .... All other capItalized terms not otherWIse speCIfically defined m thIS mstrument or thIS
ExhIbit shall have the meanmg aSSIgned thereto m the Lease, to whIch reference IS hereby made and
whIch IS mcorporated herem by thIS reference
KlNDERCARE LEARNING CENTERS~ INC fThe ChaJ:e Manhattan BankIWaJnu.ngloo Trust Company Syndtcuc: Lease FmantlRg
(leIlIon, Washm&tOD )
Lastpnmed AUJUSl28. 1999
""""'1-2015134 1 002B9S4-00004 -17-
-=
<D = Q = N
= = = ..." ,
RecordallOD requested by
KINDERCARE LEARNING
CENTERS, INC
After recordauon return to
SIOeI RIves L L P
900 SW Fd\h Ave ,
SUIre 2600
Portland, Oregon 97204-1268
AU'n Davad W Green or
M ......... Fl.nagan
(Space above tins line (or Recorder's use)
ASSIGNMENT OF IaEASE.'l AND RENTS
(Renton, Wasb/ngtoD)
from
WILM1NGTON TRUST COMPANY, ootID Its mdlvKlual capacIty but solely as Trustee of
THE KINDERCARE REALTY TRUST 1999, a Delaware busmess, ASSIgnor
to
THE CHASE MANHATI'AN BANK. as agent. ASSIgnee
March 3. 2000
AbbreVIated Legal: (Complete legal on ExhIbIt A) -Lot 3, Short Plat 8802169005
Tax Account Numbers: 334330-1141-02
KINDERCARE lEARNING CENTERS, INC fI'he Chase Manhattan BanklWIlDUnllOn Trust Company Syntbeuc Lease Fmancmg
(Renton, WaslnngtoD )
LaSi pl'lrucd AuguSl18. 1999
Purtlndl-20ISl34 2 0028954-000)4 -1-
-= <.0
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'"" ... =
ASSIGNMENT OF LEASES AND RENTS
(Renton, Washington)
TJus ASSIGNMENT OF LEASES AND RENTS dated as of March 3 ,2000 (thiS
"Asslgmnent"), made by WILMlNGTONTRUST COMPANY, not In Its Individual capacity but
solely as Trustee of THE KlNDERCARE REALTY TRUST 1999, a Delaware busmess trust (the
"Assignor"), to THE CHASE MANHATTAN BANK, a New York banking corporatIOn, m ItS
capacity as agent (m such CapaCity, the "ASSignee"), under the Credll Agreement dated as of
September 2, 1999 (as amended, supplemented or otherwise modified from lime to lime, the .~
Agreement"), among the Assignor, the Assignee and the fmanclal mSlltutlons from time to time
parues thereto (the "Lenders")
Prellmmary Statement
A Pursuant to the Credn Agreement, the Lenders have severally agreed to make Loans
to the ASSignor m an aggregate amount not to exceed $96,500,000 upon the terms and subject to the
cOlKhllons set forth therem, to be eVidenced by the Notes ISsued by the Assignor under the Credn
Agreement
B It IS a conditiOn, among others, to the obhgatlon of the Lenders to make their
respeclIve Loans to the ASSignor under the Credn Agreement that the ASSignor shall have executed
and debvered, and the Lessee shall have consented 10, thIS ASSignment to the ASSignee for the ratable
benefit of the Lenders
C In order to further secure payment of the all amounts advanced under the Credll
Agreement and the NOles, the ASSignor has agreed to execute and delIver thiS Asslgnmenl
NOW, THEREFORE, m conSideration of the foregOIng, the parties hereto agree as
follows
1 Defined Terms Capnahzed terms used but not otherwise defmed In
thIS Assignment sball have the meanmgs aSSigned 10 them 10 Annex A ("Annex A") attached to the
Paruclpatlon Agreement dated as of September 2, 1999 among Lessee, Grantor, Grantee, the
Lenders named therem, and Investor, as such Partlclpatlon Agreement may be amended,
supplemented or otherwISe modified from time to time A copy of the PartICipatiOn Agreement or
of the other agreements referenced herem or therem may be obtamed from any of the parties hereto
at the addresses set forth herem The rules of usage and documentary conventions set forth m such
Annex are also apphcable hereto A copy of such Annex A IS IDcorporated (be reference or by
KINDERCARE LEARNING CENTERS. INC fTh~ Chase Manhanan BankfWllmmSlOn Trus! Company Symht:tlt. Leuit FLlr.Uk.mg
(Reaton, WasluQllon )
Last pnmed Augusl28. 1999
Pottlndl·20lm4 2 0028954-00004 -2-
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attaclunent) as Annell' A to the DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES,
SECURITY AGREEMENT AND FINANCING STATEMENT (INCLUDING FIXTURE
FlLING) dated as ofMarch3 ,2000, made by WILMINGTON TRUST COMPANY. a Delaware
corporation, not m liS mdlvldual capaclly, but solely as Trustee under THE KINDER CARE
REALTY TRUST 1999, a Delaware bUSiness lrust, as Grantor of the Deed of Trusl. 10 THE
CHASE MANHATIAN BANK, a New York bankmg corporallOn, as agent. as BenefIcIary of Ihe
Deed of Trust, dated as of March -.3... 2000 (the 'Deed of Trusl"), bemg recorded
contemporaneously herewith and Immedlalely before the recordatIon of thIS Asslgnmenl
2 AssIgnment The ASSIgnor hereby lITevocably assIgns, transfers, sels over
and conveys to the AssIgnee, all the followmg-descnbed propeny relating 10 or aTlsmg m conneCllon
WIth the Propeny descnbed on ExhIbit A anached hereto and made a pan hereof. whelher now
owned or held or hereafter acquITed, exclUSIvely and Wlthoul any reservatIon thereof unto the
AssIgnor
(a) All of the estate, nghl, IIIle,mlerest, benefils. powers and pTlvJleges
of the Asslgnor, as lessor, under the Lease mcludmg, WIthOut hmltatlon, (I) the Immed,ale and
contlnumg right to make claim for, receIve, collect and receIpt for all rents, !Dcome, revenues,
ISSUes, profits, Insurance proceeds, condemnallon awards, sales proceeds and other sums payable
to or receIvable by the AssJgDOr under the Lease,or pursuant to any prOVISIOns thereof. whelher as
rent or as the purchase pnce or termmallon payment for any mlerest m Ihe Propeny or otherwIse
(mcludmg, WIthout hmllaIJon, the MaXImum Resldual Guarantee Amount, the Purchase Opllon
Pnce. Tenmnanon Value, BasIC Renl, Supplemental Rent. Investor Y,eld and any sales proceeds
payable 10 the AssIgnor pursuanl to the Lease) (collectively, the "Lease Rents"), mcludmg aU cash,
secuntles or letters of credit delivered or deposlled pursuant thereto 10 secure performance b} the
Lessee of lIS obhgahons thereunder, (II) the Tlghl and power (whIch Tlghl and power are coupled wnh
an Interest) upon the purchase by the Lessee of the mteresl of the ASSIgnor 10 the Propeny m
accordance WIth the Lease to execute and dehver as ITrevocable agenl and anorney-m-fact of the
ASSIgnor an appropnate Instrument necessary to convey the Interest of the ASSIgnor therem, or 10
pay over or assIgn to the AssIgnee those sums 10 whIch IllS enUlled If the Lessee becomes obhgated
to purchase the mterest of the ASSIgnor In the Propeny and 10 perform all other necessary or
appropnate acts as said agent and anorney-m-fae! WIth respect to any such purchase and conveyance,
(III) the nght 10 perform all other necessary or appropnate acts as saId agent and attomey-m-fact wllh
respect 10 any purchase or conveyance referred to m clause (II) above, (IV) the TIght (0 declare the
Lease to be m defaull under Section 17 I (hereof, (v) the TIght (0 exercIse remedIes under or wllh
respect 10 the Lease, (vi) the nghl to make all waIVers and agreements on behalf of the ASSIgnor
under the Lease provtded for or permmed under the Lease, (VII) Ihe Tlghl (0 gIVe all notices,
consenlS, releases and other Instrumenls prOVIded under the Lease, (VIII) the TIght to gIVe all notIces
of default and \0 take all action upon the happenmg of a Lease Default or a Lease Event of Default,
K1NDERCAltE LEARNING CENTERS. INC /'The Chase Manhattan BankIWlImtnglon Trwt Company Syntheuc Lease FlIlol.l'K.ang
(Renton, Wadancton )
Last pm"eeI Au"", 28, 1999
1'".11""'·20'5'34 2 00289~ -3-
..-= <D = .:::> = c--l
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mcludmg the commencement, conduct and consummatIon of proceedmgs as shall be permitted under
any provISIon of the Lease, or by law or 10 equity, (IX) the nght to receIve all notices sent to the
AssIgnor under the Lease, (x) the ASSIgnor's mterest under the Lease 10 the Lessee's tangIble and
IOtanglble property used or arISIng 10 connectIOn wuh the Property, meludmg, but not limned to.
permIts, hcenses, coIllract nghts and prepaId expenses, (XI) the grant of hen and Security Interest
by the Lessee pursuant to the Memorandum of Lease (tilled Lease Supplement and Short Form
LeaselMemorandum of Lease. Deed of Trust. Secunty Agreement and Financing Statement
(Including Fixture FUIng) Created by Synthetic Lease, between ASSignor and KINDERCARE
LEARNING CENTERS, INC , of even date herewith), and (XII) the nght to do any and all other
tlungs whatsoeVer wlucb the Assignor IS or any lessor or grantor or secured party IS. or may be.
enuded to do under the Lease, proVided, that the AssIgnor shall retam, and the Lease Rents shall nOl
mclude, the Excepted Payments and the Lessor shall retam and the nghts and powers assIgned herem
shall 10 no event mclude the Excepted RIghts and shall be subject to the Shared Rights The
ASSIgnor hereby agrees that any action taken by AsSIgnee (or Its desIgnee) pursuant to thiS
ASSignment shall be exclUSIve, and no party relymg on such action of the AsSIgnee (or such
designee) pursuant hereto shall be reqUIred to obtam the concurrence or consent of the ASSIgnor to
such action or to a request for such action
(b) All ofthe estate, nght, ntle, IIIIerest. benefits, powers and pnvlleges
of the Assignor. to and under all other leases, subleases or hcenses of the Property, any license,
concessIOn, management or other agreements of a sumlar kmd that permit the use or occupancy of
the Property or any part thereof for any purpose 10 return for any payment, now or hereafter entered
mto by the ASSIgnor (collectIvely, the "Other 1 ..... es· and, together WIth the Lease, the .~"),
together With all estate, nghts, nde, mterest, benefits, powers and pnvoleges of the ASSignor, as
lessor, under the Other Leases mcludmg the Immediate and contlnumg nght to make clann for,
receive, collect and receIPt for all charges, fees, mcome, ISSUes, profits, receIpts. rents, revenues
or royalties payable under any of the Other Leases (collectIVely, the "Other Lease RerIIs") and all
estate, right, tide and mterest olthe ASSIgnor thereunder, InCludmg all cash, securities or letters of
credIt dehvered or deposited thereunder to secure performance by the lessees under Other Leases
of theIr obhgallons thereunder, prOVided, that the AsSIgnor shall relam. and the Lease Rents shall
notmc1ude, the Excepted PaymerllS and the Lessor shall retam and the rights and powers assIgned
herem shall m no event mclude the Excepted RIghts and shall be subject to the Shared RIghts
(c) All of the estate, nght. tltIe. JIIIerest, benefits, powers and pnvlleges
of the AssIgnor, to and under all agreements Or contracts for the sale or other dIspositIOn of all or
any part of the Property, now or hereafter entered mto by the ASSIgnor (collectively, the
·Contracts"), together With all estate, nghts, tItle, mterest, benefits, powers and pnvlleges of the
Assignor under the Contracts mcludmg, WIthout Innltallon. the ImmedIate and cOn!mumg nght to
make clann for, receIve, collect and receIpt for all charges, fees. mcome, .ssues, profits. receIpts.
KJNDERCARE LE .... RNING CENTERS. INC ffhe Chase Manhattan BanklWllmLnglOn Trust Company Synthdlt. Le4st Flnarn.lng
(Renton, Washlll&tOD)
Lu pnnled August 28. 1999
_od'-2015.34 1 002~ -4-
rents, revenues or royaltIes payable under any of the Contracts (collecllvely, the "Contract Rents'
and, together wIth the Lease Rents and the Other Lease Rents, the "Rents") and all nght, tItle and
mterest of the AssIgnor thereunder, mclud mg all cash, securities or letters of credIt deposited
thereunder to secure perfonnance by the obhgors of theIr obhgallons thereunder, provIded, that the
AssIgnor shall retain, and the Lease Rents shall not mclude, the Excepled Payments and the Lessor
shall retam and the nghts and powers assIgned herem shall m no event mclude the Excepted RIghts
and shall be subject to the Shared RIghts
(d) All of the fight, Utle and mterest of the ASSIgnor m and to all clalnts
and nghts to the payment of money al any hme aflsmg m connectton WIth any repudlatlon, rejeCIlOn
or breach of the Lease by the Lessee or a trustee'or receIVer oflhe Lessee (or any Other Lease by
any lessee thereunder, trustee or receIver of any such lessee) under any msolvency starute, law or
regulation, includmg all rights to recover damages ansmg OUI of such breach or reJection, all nghls
10 charges payable by the Lessee or such trustee or receIver (or by such lessee, lTUSlee or receIver)
10 respeCI of the Property or any portIOns thereof followmg reJechon, repudIation or dIsaffirmance
of the Lease or followmg the enlry of an order for rehef under any tnSolvency statule, law or
regulation 10 respect of the Lessee (or such lessee) and all rentals and other charges oUlstandmg
under the Lease (or Other Lease) as of the date of entry of such order for rehef, proYldes!, that the
AsSIgnor shall retain and the Lease Rents shall nOI mclude, the Excepted Payments and Ihe Lessor
shall retaln and the rights and powers assIgned herem shall m no event melude, the Excepted RIghts
and shall be subject to the Shared RIghts
3 RecOIn! of Rents The ASSIgnor hereby Irrevocably deslgnales the AssIgnee
(or Its desIgnee) to receIve all payments of the Lease Rents, the Other Lease Rents and the Contract
Rents and any other sums payable to the AssIgnor under the Lease, any Other Lease or any Contract
The ASSIgnor agrees to dIrect (and hereby dIrects) the Lessee, any other lessees and any contracting
partIes to dehver to the AsSIgnee (or Its desIgnee), at Its address set fonh herem or al such olher
address or 10 such other Person as the AssIgnee shall deSIgnate, all such payments and sums on
account of the Rents, and no dehvery thereof by the Lessee, such other lessee or such contractmg
party shall be of any force or effect unless made 10 the ASSIgnee (or Its deSignee), as herem
provJded The Rents shall for all pUTPoses be consIdered the property of the ASSIgnee and not of the
ASSIgnor, whether before or after the occurrence of an Event of Default
4 Receipt of NotIces The AssIgnor hereby deSIgnates the ASSIgnee (or Its
deSIgnee) to receIve (10 addllton to, and nol to the exclUSIOn of, the ASSIgnor) duphcate onglOals or
caples of all nottces, undertakIngs. demands, slatements. documents, financIal statements and other
commumcatlons whIch the Lessee, any other lessee or any contractmg party IS requIred or permllted
to gIve, make, deliver to or serve pursuant to the Lease, any Other Lease or any Contract The
ASSIgnor agrees to dIrect (and hereby dIrects) the Lessee and such other lessees and contractmg
KINDERCARE LEARNING CENTERS. INC fThe Chase Manhattan BlnklWtlmm,lOD Trust Company Syn!Aelic Lease Frnalk.Lng
(RenloD, WasbJnctoo )
LuI prmted Aul"" 28, 1999 -5-
Pordndl-lOlSJl41 00l19SC-OXlO4
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partIes to dehver to the AssIgnee (or Its deSIgnee), at Its address set fonh herem or at such other
address or to such other Person as the ASSIgnee shall deSIgnate, duphcate onglDals or copIes of all
such notices, undertakmgs, demands, statements, documents, financIal statements and other
commumcatlons. and no dehvery thereof by the Lessee, such other lessee or such contracting pany
shall be of any force or effect unless made to the ASSIgnor and also made to the ASSignee (or Its
deSignee), as herem provided The ASSignor funher agrees that upon receipt by the Assignor of any
such nOtices, undertakmgs, demands. statements, documents. fmancllll statements and other
commurucatlons, the AsSignor shall promptly dehver copies thereof to the ASSignee unless the
Assignor shall reasortably beheve that the ASSIgnee has already receIved such COPIes
5 Irrevocablhty, Supplemental Instruments The AsSIgnor agrees that thiS
ASSIgnment and the designation and dIrection to the Lessee set fonh ID Sections 3 and 4 of thIS
Assignment are irrevocable and that It will not take any actIOn as lessor under the Lease or otherwISe
whIch IS mconslstent With thiS ASSignment and that any action, assignment, deSIgnatIon or dIrectIOn
Inconsistent herewith shall be VOId The ASSIgnor Will from time to time execute and dehver all
IDSIrUments of funher assurance and do such further acts as may be necessary or proper to carry out
more effectively the purpose of Illls Asslgnmenl
6 VahdlIV The ASSignor represents and warrants (on a contlnumg basIS) and
covenants to the AssIgnee thaI (I) the AsSIgnor has not assigned or executed any assIgnment of, and
Will not assIgn or execute any assIgnment of Its mterest ID the Lease. of any Other Lease, of any
Contract or of any Rents or of any other subject matter of thiS ASSignment to anyone other than the
Assignee and any asslgmnent, deslgna\lon or dIrection by the ASSignor mconslstent hereWith shall
be VOId, (II) 110 Lease Event of Default has occurred and IS contmumg and (/II) the ASSIgnor bas not
done any act or executed any document that rrnpalfS the nghts of the AsSIgnee to the Lease or the
Lease Rents under thIS ASSIgnment
7 The AssIgnor RemalDs LIable While the assIgnment made hereby IS
present, direct, absolute and contmumg, It has been made for the purpose of provldmg the AsSIgnee
WIth secunty for the perfonrtance of the ASSIgnor's obhgauons under the Credit Agreement and the
NOles and the execullon and delivery hereof shall nOllntpalr or dImInish tn any way the obligatIOns
of the ASSignor under the Lease or mJpose any of such obhga\lons on the AssIgnee ThIS
ASSIgnment ShaJJ nOI operate to cause the ASSIgnee (or Its desIgnee) to be regarded as a Grantee m
possessIon NeIther the ASSignee nor Its deSIgnee shall be responsIble or hable for performmg any
of the obhgatlons of the ASSIgnor under the Lease, any Other Lease Or any Contract. for any waste
by the Lessee or others, for any dangerous or defectIve condl\lons of the Property, for negligence
10 the management, upkeep, repair or control of the Propenlcs or any other act or omISSIon by any
other Person Nothmg contamed herem shall operate or be construed to (I) obhgate the AsSIgnee
(or Its designee) to assume the obbgallons of the ASSignor under the Lease, any Other Lease or any
KINDERCARE l.EAJtNING CENTERS. INC /The Chase Manhattan BankIWtlmmgcon Trusl Company SynthetK. Luse Financing
(RentOD. Wasbuaaton )
Last pnntcd AUIUS~ 28. 1999
_1·20lm. 2 0028.S4-OIIlOO -6-
-
<=>
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Connact, to perform any of the terms and cond.t.ons contamed 10 the Lease, any Other Lease or any
Contract or otherwise to Impose any obllgallon upon the Assignee wlIh respect to the Lease, any
Other Lease or any Contract or (II) place upon the ASSIgnee (or Its deSignee) any responslb.llty for
the operallon, control, care, management or repaIr of any of the Property or any part thereof
Subject at all times to the terms and condillons of tlus AsSignment, the Assignor will at allt.mes
prompdyand fa.thfully perform m all respects, or cause to be performed 10 all respects, all of liS
covenants, COnditIOns and agreements contamed m the Lease, any Other Lease or any Contract now
or hereafter eXlSllng on the part of the AsSignor to be kept and performed
8 Amendments, Lessee's Consent The Assignor will not enter IOta any
agreement subordmallng, amendmg, extendmg or lermmallng the Lease Without the pnor wntten
consent thereto of the Assignee, (the applicable standard for the glvmg or wuhholdmg of any such
consent to be subject to the terms of the Lease) and any such attempted subordmallon, amendment,
modlficanon, eXlenslon or temunatlon Without such consent shall be VOId If the Lease, any Other
Lease or any Contract shall be amended, It shall contmue to be subject to the prOVIsIons hereof
Without the necessity of any further act by any of the parties hereto The ASSIgnor and the AsSIgnee
hereby consent to the proVISIOns of Lessee's Consent attached to tlus AsSIgnment and agree to be
bound thereby
9 Absolute ASSignment The Assignor has, subject to and m accordance WIth
the terms and condlllons of thIS AsSignment, asSigned and transferred unto the AssIgnee all of the
AssIgner's nght, tIde and mterest m and to Rents now or hereafter arlSmg from the Lease, any Other
Lease or any Contract heretofore or hereafter made or agreed to by the ASSIgnor, II bemg mtended
to establish an absolute transfer and assIgnment, subject to and m accordance WIth the terms and
COndlllOns of thIS ASSIgnment, of all such Rents, the Lease, the Other Leases and the Contracts to
the Asstgnee and not merely to grant a secunty Interest therem Subject to the tenos of tbe Lease,
the Asstgnee (or Its desIgnee) may m the ASSIgnor's name and stead operate the Property and rent,
lease or let all or any porllon of the Property to any party or partIes at such rental and upon such
tenos as the ASSIgnee (or us deSIgnee) shall, In Its dlscrellon, determme
10 Ongomg RIght to Collect Rents, Receivers If notwl!hstandmg the terms of
thIS Asslgrunent, a pellllon or order for sequestrallOn of rents, or the appomtment of a receIVer or
some snmlar Judlcllli actIon or order IS deemed reqUired under apphcable state law to allow the
AssIgnee to conttoue to collect the moneys descnbed 10 paragraphs 2 (a), (b), (c) and (d) of thIS
AsSIgnment, then II IS agreed by the AssIgnor that any proof of claim or SImilar document filed by
the AssIgnee lD connecllon WIth the breach or rejection of the Lease by the Lessee thereunder or the
trustee of any lessee under any federal or state msolvency statute shall for the purpose of perfectmg
the AsSignee's nghts conferred m saId paragraph 2(d) be deemed to constItute actIOn reqUired under
such state law Upon the occurrence and durmg the contmuance of an Event of Default, the
KlNDERCARE lEARNING CENTERS. INC fThe Chase Manhattan BankIWllmlnglOn Trust Company Synthettc Lease Fmancmg
(lUo.on, W .. bIngI ... )
Last prurted Auaustl8. 1999
Portlndl·201SI342 00289S4-00004 -7-
AssIgnor hereby consents to the appointment of a receIver for any or all of the Propeny as a maner
of fight and WIthout any reqUIrement for notice to the ASSIgnor and WIthOut regard to the solvency
of the AssIgnor or to the collateral that may be available for the sallsfacllon of the Notes and all other
obligatIOns under the Credll Agreement and the other Operallve Agreements
11 Amendment nus AssIgmnent may not he amended or otherwISe modIfIed
except by a wnllng sIgned by the AsSIgnor and the AssIgnee In accordance WIth the terms of the
Credll Agreement
12 NotIceS Unless otherWIse specifically provided herem, all nouces, consents,
threcllons, approvals, mstructlOns, requests and other commnrucatlons requIred or permllled by the
terms hereof to he gIVen to any Person shall he gIVen m wntlng and any such notIce shall become
effeC!1ve (a) five Busmess Days after hemg depoSIted In the matis, certIfIed or regIstered WIth
appropnatc postage prepatd, (b) one Busmess Day after dehvery to a nauonally recogmzed couner
semce speclfymg overmght dehvery, (e) when delivered by hand, or (d) m the case of facsumle
IlOI1ce, when receIVed (when receIpt IS eIther confirmed by confmnlng transmIssIon equlpmeru or
acknowledged by the addressee or Its offIce) and shall be dIrected to the address of such Person as
mdlcated
If to the ASSIgnor. to It at
THE KINDERCARE REALTY TRUST 1999
clo Wtlmtngton Trust Company
Rodney Square North,
II 00 North Market Street
W!lnungton, Delaware 19890-0001
Attcnllon Corporate Trust AdmInIStratIon
Telecopler No (302) 651-8882
If to the AssIgnee. to u at
The Chase Manhattan Bank
270 Park Avenue
New York, New York 10017
AttcnI10n Credit and Lendtng Group
Telecopler 212-972-0009
From time to time any party may deSIgnate a new address for purposes of notIce hereunder by nOllce
to each of the other patties hereto
KlNDERCARE LEARNINO CENTERS. INC rI'bc Chase Manhattan Bank/WllmmgtoD Trust Company SyntherK. r.e.ASC FUl.4rK.lf1g
(Renton, Wasbutcton)
LoA pm.cd AupIS.28. 1999 -8-
Ponlndl-lOISI34 2 (X)289S4..(lOO(
-
13 Successors and Assigns All covenants. agreements. representanons and
warranties In thIS Assignment by the Assignor and the Assignee shall bmd. and shall mure to the
benefit of and be enforceable by. their respective successors and ASSigns
14 Severability If any provIsion or prOVISIons. or If any portion of any
provISion or provISIons. 10 thIS ASSIgnment IS found by a court of law of competent JUnsdlcllon to
be 10 vlOlalJon of any local. state or Federal ordmance. statute. law. admmlStrallve or JudICial
decISIon, or pubhc pohcy, and If such court should declare such porllon. prOVISIon or prOVISIOns to
be Illegal, mvalld, unlawful, void or unenforceable as written, then It IS the mtent of the partIes
hereto that such portion, proVISIon or provIsIons shall be given force to the fullest poSSIble extent
that they are legal, valid and enforceable, lhal the remamder of tlus AssIgnment shall be cOrlStrued
as If such Illegal, Invahd. unlawful, VOId or unenforceable portIon. provISIon or prOVISIOns were not
contamed therem, and that the obhgatlons of the ASSIgnor under the remalOder of thIS ASSignment
shall conlJDue m full force and effect
IS GovernlOg Law THIS ASSIGNMENT SHALL BE GOVERNED BY,
AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE
STATE OF NEW YORK, EXCEPT AS TO MATTERS RELATING TO THE CREATlON OF
LIENS AND THE EXERCISE OF REMEDIES WITH RESPECT THERETO, WIDCH
SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE STATE IN WIDCH THE APPLICABLE PROPERTY IS LOCATED.
16 ObhgallorlS Are Without Recourse Anythmg to the contrary herem
nolWlthstandmg, the Assignor's habillty for any sums due hereunder shall be hmlted m accordance
With Secllon 9 17 of the CredIt Agreement
17 Coumeomrts This Assignment may be executed m any number of
counterparts, each of which shall be an onglOal. but all of which together shall conslllUte one and
the same IrlStrumcnt
(NO MORE TEXT ON THIS PAGE]
KINDERCARE LEARNING CENTERS. INC ffhe Chase Manhattan BanklWllmmgton Trust Company SynthetIC Lease Fmancmg
(Rmlon, Wlllunglou )
Las! pn .. cd A_,:I8. 1999
Ponl"'I-20ISI:W 2 00289S<-000()4 -9-
-= «;)
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IN WITNESS WHEREOF, the AssIgnor has caused thIS AssIgnment to be duly
executed under seal by an officer thereunto duly authomed as of the date and year fIrst above
wnnen
ASSIGNOR & LESSOR
(Unofficial Wllness)
DENISE PI. GERA..1IT
STATE OF DELAWARE
WILMINGTON TRUST COMPANY, not m Its
mdlvldual capacIty but solely as Trustee of THE
KlNDERCARE REALTY TRUST l~~,~.~
Delaware busmess trust ",~ O"",q
By
Name
TItle
~';J0 .. ···..!:'I l" ~ . t"1 ~ ~ ~#=:;~4-=~'~~ ~~/[VALI ;
Joseph B. Fell ': ~ \ ~ ...
senior I1"IIIIDICiaI Servlcas~.~ ::' '\" ~ !)';
ACKNOWLEDGMENT
)
) ss
Counly of New Caslle )
I, ma.n't1. G QQj)l.l1.&a Notary Pubbc, £eSldmg ID the Counly and Slate
aforcslld, do comfy tbaI .J(ftJ.IH H fEll ' who I. personally 10 me known, thIS day
appeMCd before me personally-and chd acknowledge thai be or she dId SIgn, seal and deliver the foregoIng
mstrument of blS or her own free WIll and accord. for the purposes therelD named and .. pressed, as the_
Senior F"'I1"CW,S'erpIcy, QIIJcer of WILMINGTON TRUST COMPANY. 8 Delaware corporation, on
behalf of such corporatlOlJ, IlOIID lIS mdlVldual capaclly. bUl solely as Trustee uDder THE KlNDERCARE
REALTY TRUST 1m, 8 Delaware business trust, on behalf of such busmess trust
IN WITNESS WHEREOF,I ba~ hereunto set my and offiCIal seal, thIS Jl\'lh day Of~
""", '!I.~ ... , .. ,.lL ...
~... ""' ........ . f -q..-.;;'tD .. L~~~7-..J-!",-....:J~gi!d.:U:::;l~'f' '*' ~ -:; . ~ ...
Nowy Public for e State of Delaware ; -< ... ....' ~ :
My commISSIon e Ires MARIA a. ~~ .,:-~ .
NOTAr:y PUIlLl("~~J! rt.,; •. _
KINDERCARE LEARNING CENTERs, INC fI'he Chase Manhaoan Bank/WilmIngtOn Trust ~~k1tkWJl I ft112l'll-~
(lWltfIJI, WosIun" ... )
Last p .... d AUJUst 28, t!l9\l
Ponlndt-20I5134 2 00289S+0000< -10-
= = = ~
EXHWITA
Descnptwn of PrruJerty
A ground leasehold estate in and to certain real property winch IS more partIcularly
descnbed as follows:
That portion of Lot 3, City of Renton short plat nmnber 011-87, recorded under recordmg
number 8802169005, in King County, Washmgton and further descnbed as
Begmmng at the Southwest comer of said Lot 3, also bemg a pomt on the North Margm of
Northeast 43rd Street; thence North 01 °14'51" East 208 50 feet, thence South 88°45'09"
East 146 19 feet to a point on the West margm of Northeast 44th Street, also being a pomt
on the Easterly line of said Lot 3 and the begtnmng of a non-tangent curve concave
Southwest and baving a radllli beanng of South 65°24'16" West and a radius of318 10 feet,
thence along said curve and said West margin and said East lme, Easterly and Southerly an
arc dIStance of 145 84 feet, through a central angle of26°16'06"; thence South 01 °40'27"
West 987 feet along said West margm and said East line; thence South 29°05'34" West
65 15 feet along said West margin and said East hne to a pomt on the North margm of
Northeast 43rd Street and the South line of said Lot 3; thence North 88°45'09" West 14749
feet along said North margm and said South lme to the True Pow of Begmmng
TOGETHER WITH those certain easement rights for access/parkmg as establIShed by
Declaration of Easements recorded under Recording No. ,?pp?o6"l.::tbOD!:><!'.
KlNDBRCARB LEARNING CENTBRS. INC II10c CIoas: Maooloallan BaokiWllmmglOn TnISt Company Syndoenc Leuc Fona .. DOg
<RenIoD. WasbIa&I ... )
Last pn_ AuBUSl18. 1999
l'utIno11·201S134 2 00l~ 11
LESSEE'S CONSENT
As of tlus 3....~y of M web, 2000, for good and valuable conslderahon. Ihe
receipt of which IS hereby aCknowledged, KlNDERCARE LEARNING CENTERS, INC.
("l&nG.) bereby consents and agrees to all of the terms of the Asslgmnent of Leases and Rents
dated as of even date bereWlth <the" Assignment·) made by WILMINGTON TRUST COMPANY,
nOI m Its indIVIdual capacIty but solely as Trustee of THE KINDER CARE REALTY TRUST 1999
(the "ASSignor") m favor of THE CHASE MANHATTAN BANK. as agent (the "Assignee") and
further agrees as follows .-
C::>
<.0
c::;,
c::> I Deflnlnons Each capitalized term used herem and nOl otherwIse defmed
~berem sball bave the respecllve meanmgs ascnbed thereto 10 the AsSignment, as such Assignment
-may be amended, supplemented or otherwISe modified from time 10 lIme
2 Acknowledgments. ConfirmaUoDS and Agreements The lessee
acknowledges, confirms and agrees that <a) the lessee bas the right, power and authority 10 enter
IlIIO thiS consent (thIS "Consent"), (b) the Lease IS 10 full force and effecl and enforceable lD
accordance With Its terms, (c) neIther the Lessee nor, to the Lessee's knowledge, the ASSIgnor IS lD
default m the observance or performance of any condlllon or agreement to be observed or perfonned
by the Lessee or the AssIgnor, respectIVely, thereunder, (d) no Lease Rents have been paid by the
Lessee m advance except as proVIded lD the Lease, (e) no Rent has been waIVed, released, reduced,
dISCounted or OtherwISC dJscharged or compromised by the ASSignor, and (f) the Lessee bas not
receIVed notice of any other assIgnment of the Lessor's mterest m the Lease
3 Consent (a) The Lessee, as lessee under the Lease, consenls to tbe
ASSignment and eacb of the terms thereof, and agrees to pay and deliver to the ASSignee (or lts
deSIgnee) all Lease Rents and other sums payable under the Lease Without any offset, deduction,
defense, abatement, deferment, dunmutlon or counterclaun, and the Lessee will not assert any offset,
deduCllon, defense (other thaD the defense ofpaymeru to the ASSIgnee (or Its deSIgnee», abatement,
defennent, dunmullon or counterclaun In any proceedIng brought under the ASSignment or With
respect to the transacllons contemplated the rem or herem The Lessee will not, for any reason
whatsoever, seek to recover from the Assignee (or Its deSIgnee) any moneys paId 10 the AssIgnee
(or Its designee) by Virtue of the ASSIgnment The Lessee agrees (I) to deliver to the ASSIgnee (or
lis designee) and the ASSignor, at theIr addresses sel forth In the Pantclpatlon Agreement or at such
other addresses as the ASSignee or the ASSignor, as the case may be, may deSIgnate, duplicate
KlNDERCARE LEARNING CE.NTERS. INC !The Ctmse Manhanan BanklWdnnnglon Trust Company SynthetIC Udst: FlnaM.lng
<Rent .... W ........... )
..... pnmod August 28, 1999
PunJDdI·2I)15I34 2 0028'J54.ID104 12
<=> <=> = c-...
ongmal or copies of all notices, undertakmgs, demands, statements, documents and other
communicatIOns Which the Lessee IS required or permlUed to deliver pursuant to the Lease or the
Asslgrunent, (11) that. subject to the Excepted Rights, any nollce dehvered or declaration made to the
Lessee by the Assignee (or Its designee) pursuant to the Lease shall be effecllve as a nOllce given or
declaration made to the Lessee by the ASSignor as lessor under the Lease, (m) that the Assignee (and
Its designee) shall nOl by reason of the Assignment be subject to any habJilty or obhgatlon under the
Lease. and (IV) that. subject to the Excepted Rights. any waIVer. consent or approval by the Assignor
under the Lease shall not be vahd unless approved In wrlllng by the ASSignee (or Its deSignee)
(b) The Lessee shall cause the Lease Rents and other sums payable to the
AsSignor under the Lease to be dehvered to the ASSignee (or Its deSignee), as agent under the Credit
Agreement. as an absolute net sum (except for any taXes or slIIlJiar wlthholdmgs, which are excluded
from ImposlUons and are required to be Withheld by Jawl. in such manner that the ASSignee (or us
designee) shall have 'collected funds· on the date and at the time payments are due under the Lease
(c) The Lessee hereby agrees to remam obhgated under the Lease and thiS
Consent In accordance With therr respecllve terms. and to take no action to termmate (except m
accordance With the express terms of the Lease). annul. rescmd or aVOid the Lease or Illls Consent
or to abate. reduce. offset. suspend or defer Or make any counterclaIm or raIse any defense (other
than the defense of payment to the ASSignee (or Its deSignee» With respect to the Lease Rents
payable thereunder or to cease paymg such Lease Rents to the Assagnee (or Its desIgnee) as proVided
herem
(d) The Lessee hereby agrees that upon the occurrence of a Lease ~fault or
a Lease Event of ~fault. the Assignee (or Its designee) shall have the fight to dehver a nOllce of
default under the Lease. winch shall be effective for all purposes under the Lease as If sent by the
AsSIgnor
<el The Lessee shall notify the ASSignee <or ItS deSIgnee) at Its address speCified
ID the Partlclpallon Agreement. or such other address as the AsSignee may designate. of any Lease
Event of Default and agrees that no such default shall enlltle the Lessee to terminate. annul. rescmd
or aVOid the Lease or reduce or abate the Lease Rents or other sums payable thereunder
4 Amendment or Termmal!on of the Lease or the ASSIgnment. Asslgnee's
DesIgnation The Lessee agrees that It WIll not, umlaterally or by agreement. subord,nate. amend.
supplement. modify, extend (exceptIO accordance With the express terms of the Lease). dIscharge.
warve or terrmnate (except In accordance With the express terms of the Lease) the Lease or thiS
Consent or any proVISIOn of any thereof Without the AssIgnee's pnor written consent (the applicable
KlNDERCARE LEARNING CENTERs, [NC rlbe Chase Manhanan BankIWlIrnlDClon Trusr Company SynthetIC Lease Flnaoeml
(RItDton, WasJunaton)
U" p ... ed August 28, 1999
..... 'SI-201S13<O' 0028'IS4-00004 13
<::>
<::>
<::> ......
slalldard for giving or wlthholdmg of such consent 10 be subJecl to the terms of the Lease) and that
any attempted subordination. amendment. supplement. mndlficatlon. extension. dIscharge. waIver
or termmal10n without such consent shall be null and vOId In the event that the Lease shall be
amended or supplemented as herem penmlled, the Lease. as so amended or supplemented. shall
contmue to be subject to the provIsIons of the AssIgnment and tins Consent WIthout the necessIty of
any funher act by any of the parnes herelC Nothing m thIS Section 4 shall be construed as hmltlng
or otherwISe affecung m any way the ASSIgnor's Excepted RIghts or Shared RIghts
S Contmumg ObligatIOns of the Asslgoor and the Lessee NeIther the
exeCUllon and delivery of the ASSIgnment. nor any action or mactlon on the pan of the ASSIgnee shall
unpalr or dmulllsh any obhgatlons of the ASSIgnor or the Lessee under the Lease, and shall not
unpose on the Assignee (or Its deSIgnee) any such obltgatlons, oor shall II Impose on the AssIgnee
(or Its desIgnee) a duty to produce Rents or cause the AssIgnee to be a Grantee m possessIon for any
purpose
6 Severablhty If any provIsIon or proVISIOns, or If any portion of any
prOVISIon or prOVISIOns, m thIS Consent IS found by a coun of law of competent JurISdIction to be
m vlOlalton of any local, state or Federal ordmance, statute,law. admmlSlratlve or JudICIal deCISIon.
or publtc poltcy, and If such coun should declare such portlOll. proVISIOn or provISIOns to be Illegal,
mvalld, unlawful, VOId or unenforceable as written. then It IS the mtent of the Lessee that such
portion, proVISion or proVISIOns shall be gIVen force to the fullest posSIble extent that they are legal,
vabd and enforceable, that the remamder of thiS Consent shall be construed as If such Illegal, mvalld,
unlawful, VOId or unenforceable ponlon, proVISIon or prOVISions were not contained herem, and that
the obbgatlons of the Lessee under the remainder of thIS Consent shall contmue m full force and
effeCI
[NO MORE TEXT ON TIDS PAGE]
KlND:EaCAR£ LEARNING CENTERS lNC l11le Chase Manhallan 8ankIWllmmgrof'l TruSI Company Synlhehc leaSE: FmaJX.lDg
(Renton, WasbinctoD )
..... pnn.... AuJU" 28. 1999
Pnnlndl-2015IlU 00289S4<XXXl4 14
IN WITNESS WI:iEEEOF, the Lessee has caused thIS Consent to be duly executed
under seal as ofthlsZ'i? day oft~'-"<.nl, 2000
---J
LESSEE KINDERCARE
CENTERS, INC.
LEARNING
B,v-:--rF _____ [SEALl
NamEVllruce A Walters
Title Semor V Ice President and ChIef
Development OffICer --= SIgned, sealed and dehvered
~ 10 the presence of
.::0 ATTESTING WITNESS
~~:.> 4>J'I'91M1Ilooooo-o----
.
~ffIClal Witness)
ACKNOWLEDGMENT
<=> STATE OF OREGON )
.::0
<=>
.... County of Multnomab
) ss
)
I... '>~""<-L. \\e,es.~~, a Notary Pubhc, restdmg m the County and
State aforesaJd, do certify that BRUCE A WALTERS, who IS personally to me known, thiS day
appeared before me personally and did acknowledge that he or she did sign, seal and deilver the
foregolDg Instrument of hIS or her own free Will and accord. for the purposes therem named and
expressed. as the SENIOR VICE PRESIDENT AND CIDEF DEVELOPMENT OFFICER of
KINDERCARE LEARNING CENTERS, INC., a Delaware corporation. on behalf of such
corporation
<:7 -fU.RullRY
IN WITNESS WHEREOF, I have hereunto set my and offiCial seal, th1S&~ day of Hardl, 2000
•
OFFICI ... LSEAL
JACQUELINE S HARRISON
NOTARY PUBUC·OAEGON
COMMISSION NO 329443
MY COMMISSION EXPIRES NOV 30. 2003
o ry Publlc for the State of Oregon
comnnsslon expIres \ ,-~~-(::::;~
KINDERCARE LEARNINO CENTERS. INC {The Chase Manhattan BanklWllmu~lOn Trust Company SynthetIC Lease Financing
(Renton. Wubmcton )
Ust prund "'''''' 28. 1999
Po,"ndl·'OUl34' 0028~ 15
......
=
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<::> = = IN
Rolum Addre~
~..R1yes LLP
900 SW 5~h Avenue. Suite 2600
Portl~~d, Oregon 972Q4-1268
Atten: D.W. Green or Maureen Flanagan
uee 2 FIXTURE. FILING (County Auditor)
ilndPx'DSmfonn.tI:.mftqmrro b'r lb1 w.toJ»"!t.,.." .. I\ltcillor <JKt I OI'd. , ~OffIl4' II« W Ih 111 !lid RCWMn4)1/rw IpIt .... pnnll.l"'Hmt I'lntl
Reference' (If appl".able) _ _ ____ _
lo.bIor(.) ULXINDERCARE I.EARNING CENTERS. !2l.NC._ Addl' on pg
ISecured Partyh .. ){As'''gnl'<'/(J/ WILMINGTON TRUST COOAN'!. aII* THE CHASE MANUATI'AN RANT<
Addl' on PC--_ lA>gdl Descnpbon (abbrPvldledj !T..nts..t.ee of TRE KTNDERcARR _REAl Ty xpUST 1999--I Addl' legctlls on pg Exh A A"'P.J~r·sProporty TdX Pdl'f pllAc('Ount ,,___ _
PLEASE TYPE FORM
Th1'll: FIXTURh. .. lUNG llj Prm.Boted purmant to the WA~HINC (ON UNWORM WMMEROAL roDE
11 LllASE -ThIS mmg" for mform.uonal purpose< only 1 h. lOlms drbtor and ..... ured party "",10 ItlS C~
be """"trued as LESSEE and LESSOR CIIIGfl6~II~'3"~
CONSlGNMEN r -TbJoa hbn8 I~ for mformahonal purpm.~ unJy J h .. trrm, debtnr dJlm~.~ 9 t"P
party aft'" tD hi" (om.trued as CONSIGNEE dod CONSIGNOR
f )
1 DEBTOR(!.) ( or ",'gnor(.)) I 2 FOK OfFICE USE ONI Y
(last name fmII. and add"",.! .. ))
KINDERCARE LEARNING CENTERS, INC.
650 NE Holladay Street, SU1te 1400
Portland, Oregon 97232
1
I
13 NUMBEK OF ADDmONAL ~HEETS ATTACHED
4 SECUREDPARTY(lIoS)(o,~.))(nallll' and addres.) 5
WILMINGTON TRUST COMPANY, a8 Trustee of
THE KINDERCARE REALTY TRUST 1999
Rodney Square North
1100 North Market Street
Wilmington, Delaware 19890-0001
Atten: Corporate Trust Administration
ASSICNEE(S) OF SECURED PARTY(IES)
ht appJu.!hlP) (1WJnt' 8JKI.ddrt'''~f1:))
THE CHASE MANHATTAN BANI{
4 MetroTech Center
Brooklyn, New York 11245
6 This FIXTURE flUNG covors thlf" foUoWlng typss or ttems of pwpt"rty
IK1 The goods aro to bl"("'nme fooures on see attached Exhibits A and B.
o The property IS hmbf"r \t.mdmg on
Faxtu", F .... DI vee z It ounly Audllor)
Wa:sJnnallJn u,pl Blank lill. INKj,uah Wit Fllml UU J: 10/%-
MATYRIAI MAY N(JTUE REPROntJf'ED IN WHOLE OR IN PART IN ANY J.ORM WIiIt.T<;OEVER
<'< = ..., = =>
=>
""
o TIu."properly IS mmerals or the hke (mdudLflg gac; and oIl) or accounts to be financed.u the wellhead
or mmehead of tile well or mme located on (De.scnoo ooal ~tate Use legal descnphon I
Thl'i FIXTURE flllNG 18 to be filed for record In the real estate records If the debtor does not bays an
mtete!t.t of record ID the realty, the name of a record owner IS' _________________ _
n Products of coUatend .... 01.0 covered
7 I!ETIlRN hCKNOWLEllGMENT OOPY 1U
Stoel Rives LLP
Atten: Maureen Flanagan
900 SW 5th Avenue, SU1te 2600
Portland, Oregon 97204
(Renton)
8 11us statem.enll" sJgQeCI by thf. Soc:ured Psrty(tes) lDsfead of thE"
Debtot(!.) to perfect a sec.unty Interest m« ollateral
(please check appropnate box I
PILE FOR RIlCORD WITH King
COUNTY AUDITOR OF COUNTY
IN WIIIOI REAL PROPERTY IS LOCATED
(a) 0 oheady sub)oct to. secunty IDterost In another lun,webon
when It WoU brought Into thJs state, or when the debtor's
loc.abon was changed 10 tIus state, or
Complele fully If box (d) IS che<ked
Complete as apphcobl. for (al. (b). and «I
(b) 0 winch IS prooeods 01 th. ongmal collateral descnbed above
m winch • """"'IJ'-wos perfected. 0<
Ongmal AIC<lrdmg numberL-__ _
~~~fi~L_ __ __
(e) 0 .. to wluch the filmg lapsed. or
Fonner name of dabtor(s)
(dJ LJ a.cquued after the change of name, td6llhty. or corporate
struclun! 01 the debtor(.)
9 USE IF APPIJCABLE
WILMINGTON TRUST COMPANY
as Trustee of THE KINDERCARE REALTY
KINDERCARE LEARNING CENTERS. INC. "'TR",U"'S"'T---"-'19""9"'9 ____________________ _
TYPE NhME(S) OF IlI!lITOR(S) (or asatgoor(.))
See attached signature page
S1GNATIJRE(S) OF DEBlUR(S) lot ~'Il
TYPENAME(S) OF 5I!CURBIJ PARTY(JES) (or "'ognees(a))
See attached signature page
SIGNATIJRE(S) OF SECURED PARTY(IES) (or ... 1gD808{.))
10 TERMINAnONSTA'J'EMENT---~SECUREDPARTYUES1~6e8thatthe-:SEC\JRBD===::PARTY(IES===::-I-DO---;-I_-er--
clauns • secunty 10_ under the FIXTURE FILlNG bcanng the re<Xll'dlna numhor"""" abo ..
NAME __________________________ __
SIGNATIJRE
DATE, ____________________________ __
Rsturn to County Auditor olCounty where
onsmaI fIlmghaoordmg was made
WASHINGTON UCC 2: FIXTUAE FlUNG
FORM I\PPROVCD FOR use., WASHIIIGTON STATE
U")
<:">
KlNDERCARE LEARNING CENTERS, INC., a Delaware corporallon.
EIN#63~1966
Continued from Signature Block
DEBTOR: KlNDERCARE LEARNING CENTERS, INC., a
D,'.w~ C"""~OO ~
By A (}J 1 ''''''Ll Na~rs
Tille Semor VIce PresIdent and ChIef Development
Officer
(uee Fmancmg Statement)
KllXicrCarc -]be Chase Manhanan Bank: -Symhcuc Lease Fmancmg
Form -vee Flnanelna Stalcmcnt
Last Pruned February 18. 2000
PonIndl·2ilISI342 002!9SW0004
KINDERCARE LEARNING CENTERS, INC., a Delaware corporanon,
EIN #63-0941966
Continued from SIgnature Block.
SECURED PARTY: WILMINGTON TRUST COMPANY, a Delaware corporation,
nOl milS mdlvldual capacity. but solely as Trustee under THE
KINDERCARE REALTY TRUST 1999
"" = <0 = = = ""
LS"> =
<=>
Q = ......
KmdcrCare • The. Chase Manhattan Bank -Symhcnc Le<m: FmantlDi!
Form· vee FII1aDCtng StaJement
Last Pnnted February 18.2000
Portlndl-10151341 00289S4-00004
U") =
= =
KINDERCARE LEARNING CENTERS, INC., a Delaware corporatIOn.
EIN #63-W41966
ContInued from Item ~ of the financmg statement to which this page IS attached
The real propeny IS described as follows
See attached Exhibit A.
The collateral IS descnbed as fonows
See attacbed ExhIbit B.
~ (Uee FmancIng Statement -Renton, Washmgton)
K.ndcrCare ~ The Chase Manbanan Bank . Symhetlc Lea~ nnanclAl
Form -UCC FlIllIJ¥:lIlg SlatmH:nt
WI Printed February JB. 2000
PonIIldI·20ISIl4 2 00289S4-00004
Ln =
KINDERCARE LEARNING CENTERS, INC., a Delaware corporallon,
BIN #63-0941966
EXHIBIT A
REAL PROPERTY DESCIUYI'ION
A ground leasehold estate in and to certain real property which IS more particularly
described as follows
That portIon of Lot 3, CIty of Renton short plat number 011-87, recorded under recordmg
number 8802169005, in King County, Washmgton and further described as
Begmmng at the Southwest corner of said Lot 3, also being a pomt on the North Margm of
Nortbeast 43rd Street, thence North 01 °14'51" East 20850 feet; thence South 88°45'09"
East 146.19 feet to a pomt on the West margin of Northeast 44th Street, also bemg a point
on the Easterly lme of said Lot 3 and the begmrung of a non-tangent curve concave
Southwest and havmg a radial bearmgofSouth 65°24'16" West and a radIUS 0(318 10 feet,
thence along said curve and S8Jd West margin and said East line, Easterly and Southerly an
arc dIstance of 14584 feet, through a central angle of 26°16'06", thence South 01 °40'27"
West 9 87 feet along S8Jd West margm and said East line, thence South 29°05'34" West
65 15 feet along said West margin and said East lme to a pomt on the North margin of
Northeast 43rd Street and the South line of said Lot 3, thence North 88°45'09" West 147 49
feet along S81d North margm and sasd South hne to the True Point of Begmrung
TOGETHER WITII those certain easement rights for access/parlang as establIShed by
DeclaratIon of Easements recorded under Recording No ;I.ooC/lS'12ot.>c5'15"
Kmdc.O". -TIre Chase Morn .... Bank -Syllthc.rc Lease FIIl.no,,,,
FMm-UCCF~S~m
Last _ FdmIary 18,2IlOO
1'0<1""'1-201513< 2 002B9S<-00004
KlNDERCARE LEARNING CENTERS, INC., a Delaware corporatIOn.
ElN #63·0941966
ExmBITB
DescriptIon of Collateral
(Secured InrereSI Crealed In SyruhellC Lease Instruments)
The collateral covered by tillS financmg statement ("Collateral") COnsISts of the followtng
(a) All Improvements <as defmed below) now or hereafter sItuated or to be
Situated on the property descnbed on Exbdlll A attached hereto and made a part hereof (the
"Land"),
(b) all Ftxtures <as defined below) wh,ch are now or hereafter attached 10 or
Situated m. on or about the Land or the Improvements. or used m or necessary to the
complete and proper planrung. development. use. occupancy or operallon thereof. or
acqwred (whether debvered to the Land or stored elsewhere) for use or tnstallatlon m or on
the Land or the Improvements. and all renewals and replacements of. subslltuuons for and
add,uons to the foregomg <the properties referred 10 m thIS clause (b) bemg herem
somellmes colJecbvely called the • Accessories,' all of whIch are hereby declared 10 be
permanent accessIons to the Land).
(e) all (I) proceeds of or ansmg from the properties. nghts, utles and Inlerests
referred to above, mcludmg but not bmlled to proceeds of any conversion, voluntary or
mvoluntary, of the same or other dIspoSItIOn thereof. proceeds of each polICy of Insurance
relabng thereto (mcludlng premIUm refunds). proceeds of the taking thereof or of any nghts
appurtenanllhereto, mcludmg Change of grade of streets. curb cuts or other nghls of access,
by emment domam or transfer m heu thereof for pubhc or quasl-pubhc use under any law.
and proceeds artslng out of any damage thereto. and (II) other Interests of every land and
character whIch Debtor now has Or hereafter acqutres m. to or for the benefit of the
properties. nghts. ulles and mlerests referred 10 above and all property used or useful m
connection thereWith, mcludmg but not limited to nghts of mgress and egress and
rematnders. reversIOns and reversIOnary nghts or mterests,
(d) Any and all EquIpment (as defined below) sltltated m. on or about the Land
or the Improvements
A portIOn of the above descnbed goods are or are to be affixed 10 the Land and
Improvements
KlOdctCatc -The: Chase ManlWtan Bank -Synthetll;; L.casc FlIJlntU1g
Fonn -uee F1IIIOCIng SlatcmeDt
Last Pnnled February 18.2000
....... '-2OISI34 2 00289S4-<lClOO<
.....
= u:> = = = ....
For purposes oftlus lDStrument as a fixture filing, tfDebtor IS not a record owner of the real
property, the record owner ("Fee Owner") of the real property descnbed m Exhibit A hereto IS
EXIT 7, INC.
WILMINGTON TRUST COMPANY, as Trustee of THE KlNDERCARE REALTY TRUST
1999, a Delaware busmess trust, holds a ground leasehold estate m and to the property pursuant to
a ground lease from the Fee Owner, and IS subleasmg the Collateral to KINDERCARE
LEARNING CENTERS, INC., a Delaware corporation, pursuant to ccrtam syntheUc lease
financmg IflStruments
= As used above, the followmg tenns will have the followmg mearungs
c::> :3 "FixtureI!" shall mean all fixtures relatmg to structures on the Land descnbed on the attached
..... Exhtblt A or the other Improvements, mcludmg all components thereof, located m or on such
structures or the other Improvements, together With all replacements, modlficallons. alteralloflS and
addltloflS thereto
"IpmrOVf!l!!ePts" shall mean all buddmgs, structures, FIXtures and other unprovernents of
every kme eXIstmg at any tnne and from tnne to !nne on or under the Land (the Land and
Improvements are sometImeS referred to collectively as the "Property"), together With any and all
appurtenances to such bulldmgs, structures or nnprovements, mcludmg suiewalks, uulrty P!pCS,
condUits and lmes, parkrog areas and roadways, and mcludmg all addllloflS to or changes m the
Improvements at any tune, and also mcludmg any refurbIShments WIth respect to any Property that
IS owned by, or ground leased by the fee owner to, WiImmgton Trust Company as Trustee, but
excludmg all Equipment
"Equipment" shall mean movable equIpment and movable persona1 property of every kmd
and nature whatsoever used or usable m any way ID connection With any operation or letting of the
Property, excludmg any FIXtures
The Collateral does not mclude any Inventory of Debtor or any eqUipment or goods of
KlNDERCARE LEARNING CENTERS, INC or Its corporate affihates or thell respecllve lessees
or sublessees, other than the Equipment
KmderCan: -The Chase Manhattan Bank -Sycd:tetc Lease Fma.ncln&
Fonn . uee Fmancmg State:mem
Last pnnted February 18. 2000
.., = «> = = =
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=
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Rl"turn Addrp."
Stoel R1ves LLP ____ _
~OO SW 5th Avenue, Suite 260~0_~
Portland, Oregon 97204-1268
Atten: D.W. Green or Maureen-Flanagan
Dee 2 flXTURl fILING (County Auditor)
1
11HIt-xi11A mimMtKIII ~ qllln II by Ibl W....tnnactnR "ihIfo AudllUJ.JIb ,ordOf'. Offl .. " (Rf W Itt IR Ind Rl W Wi 04ltJrw (,*.". print 1.11.1 JIMDI 1lN)
RPlerence. (If.pphc.bl.l REALTY TRUST 1999
D<>btor(sJll) WILMINGTON TRUST COMPANY, as (ZITTlIstee of THE KINDER CAREl Addl' on ps----
ISl'CUred PdI1Y(losJ(A"'8"oeJ(t) THE CHASE MA~TTAN BANK _ (2)_ _ _ ___ ~
IAddl on p&. ___ Log,1. J::)faynpllon (abbf'PYlated) _~ ~__ _ __ _
Addl' legdllS on pg _Exb e A A'rM"'8"Ylf"h Property Tax Pdn.ellAC'count • __ ~_ _ ____ _
PLEASE TYPE FORM
nus FlXTURL FlUNG IS p ..... t.d plllSlumt to the WASHING I ON UNIFORM COMMERCIAL CODE
n LEA'lE -nus fihng " for mfonnauDnal purposes only TIw t.nus debtor aDd secured party lin' to E INS coif>
hPw .. trued.d.ESSEEaodLESSOR C~f:G~Wim-'"
11 CONSIGNMENT-Tlw.f1hog .. for'"fo .... ~ODal pllrp<l'>l"l only ThotPmlS debtor.JI~ tit .. " W"
pdrtyare to be roo-trued .. CONSIGNEE and CONSIGNOR
1 DEBTOR(~11 or...mgnor(.n l' mR OFfI(.h USE ONLY
(last name Imt, and addres>! ... l1
WILMINGTON TRUST COMPANY, as Trust
of THE KINDERCARE REALTY TRUST 1999
Rodney Square North
1100 North Market Street " Wilmington, Delaware 19890-0001
,3 NUMBER OF ADDITIONAL SHEETS A TT ACHEf)
4 ~fl('URED PARTY(IES) (or .... 'll"e<'!.n ( •• me end ,dd .. ",) I 5 ASSIGNEE(S) OF SFrURED PARTY(IE'i)
THE CHASE MANHATTAN BANK I (.fapph,,"'h lI .. mp and add ... ,,! ... ))
4 MetroTech Center I
Brooklyn, New York 11245
6 ThlS fIXTURE FILING C'OVPl'o the followmg types or Items ofpl'opt'rly
Il<l The good,.,. to become ftxtures on see attached Exhibits A and B.
o The property l' ttmbor standmg on
Fw..n f'1IU1slJcc Z t(",,,,nl\ AmlllDrJ
W.a.bmllloni""IBlma Inc.. liS»4Iqlldh WI\FonnlJC(.ltO/<lf1-
M.o\TF.lU .... L M,o\ Y Nf7r BE REPROD(JCEl) IN WHOL£ OR IN PART IN ANY I O~ WH .... T .... 'EVLN
o The property IS mmerals or the hke (mcludmg gaq and Oil) or accounts to be financed dt the wellhead
or mmehead of the well or mme located On (Descnbe real p<;tBle Use legal descnptton J
.., = <c = Q
Tlus FIXTURE FllJNG 15 to be filed for record In thp fpal estate records If the debtor dOE's not have an
mterest ofrPCOl'd In the realty, the name of Ii record. owner lS' __________________ _
Q
c....,
~ ...,
<:::I
o Produc.t!t or ("oUateraJ are also covered
1 RETURN ACKNOW!.EDGMtiNT COPY TO
~ Stoel Rives LLP
~ Atten: Maureen Flanagan
900 SW 5th Avenue, Suite 2600
Portland, Oregon 97204
(Renton)
8 llw. statemont " Slgnod by the Secwod PallyC.es) ,n&leod of the
Deblor(S) to perfect a ...,...,ty m_ m collateral
(Please check appropnate box )
FILIl FOR ROCORD wrrn hng
COUNTY AUDITOR OF<XlUNTY
IN wma! RIlAL PROPERTY IS LOCATI!D
(a) D already subp.t to 8 secunty mterealLD another lunsdtcllon
when It was brought mto dus state. or when the debtor's
locabon w .. cbangod to tins sIaIe, or
Complete fully .fbox (d) 18 cbeckod
Complete as apphcable for (a), (b), and (e)
(b)D wh.chlS proceeds oftheongmalcoUateral descnbed above
ID wlucb a aocunty __ perfBctod, or
Oownal rocordmg numbor, ___ _
F'1m& office wh .... Iiled'--___ _
(e) 0 as 10 wlucb thelihng lapsed. or
(d) 0 ""'lwrod after the change ofnamo, .denbty, orcorporate
structure of the debtor(.)
Former name of deblor(.)
U USE IF APPUCABLE
WILMINGTON TRUST COMPANY
as Trustee of THE KINDERCARE REALTY
mST 1999
TYFE NAME(S) OF DllBTOR(S) (or OS8J8OOrlsn
See attached 9ignature page
SlGNATURE(S) OF DEBTOR(S) (or assaporIs))
TYPE NAME(S) OF SI!CllREIl PARTY(lES) (or asmtnoos(s))
SIGNATURE(S) OF SECIlRllD PARTY(IES) (or ""llIloos('))
10 TERMlNA nON STA iEMENT The SECIlRllD-PARri(lES) certJfi;' th~1 the SECURED PARTY(IES) no ~
c1auns a .... unty mterest under the F1XTIlRE FlUNG heanng the rocorW"8 number shown above
NAME _________________________ __
SIGNATURE
------
DATE~ __________________________ _
Ratum to County Audrtor ofCowrty whore
ongmaI flhn8lrocordmg w .. mode
WASHINGTON UOC:2 AXTlJRE AUNG
FOAM APPAOVEO FOR USE IN WASHNlTOH stATE
..,
=
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= = = .....
KlNDERCARE LEARNING CENTERS, INC., a Delaware corporation,
EIN #63-0941966
Continued from Signalun Block.
DEBTOR: WILMINGTON TRUST COMPANY, a Delaware corporation, not In
ItS mdlvidual capacity, but solely as Trustee under THE KINDERCARE
REALTY TRUST 1999
By
Name:
Title
K1ndeJCare -'The Chase Manbltlan Bank ~ Syrubc:tJc Lease FiI\lntmg
Fonn -uee Pmanc:1I11 Statement
Last Pnnted F.lxuary 18. lOOIl
Portlndl·20I.SlJ4 2 fI0289.S4.OCMX)
.., = to = = = <"'I
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=
WILMINGTON TRUST COMPANY, a Delaware COl"porat.OD. nOI In .IS mdlVldual capawy.
but solely as Trustee under TIlE KINDERCARE REALTY TRUST 1999
ElN # 51-6513825
Contmued from Item ~ of the financmg S1atement to whIch thIS page IS attached
The real propeny .s descrJbed as follows
See attached Exhibit A.
The collalerallS descr.bed as follows
See attached Exhibit B.
= = c::>
<'-I (KLC #1612 -Renton. Washmgton)
KmderCare -The Chase Manhattan Bank -Symbeuc Lease FUWiClng
Form -UCC fmanelD, Stalemenl
Last ptlIIIOd February 18. 2000
""'001-2015134 1 00289S4-00004
U")
=
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WILMINGTON TRUST COMPANY, a Delaware corporation, not m Its mdivldual capacity,
but solely as Trustee under THE KINDERCARE REALTY TRUST 1999
BIN 1151-6513825
EXIDBITA
REALPROPERTYDESe~ON
A ground leasehold estate m and to certain real property which is more particularly
described as follows·
That pomon of Lot 3, City of Renton short plat number 011-87, recorded under
recordmg number 8802169005, in King County, Washmgton and further described as
Begmnmg at the Southwest comer of said Lot 3, also bemg a pomt on the North Margm
of Northeast 43rd Street, thence North 01 "14'51" East 208.50 feet, thence South
88°45'09" East 146 19 feet to a point on the West margin of Northeast 44th Street, also
bemg a pomt on the Easterly line of said Lot 3 and the begimnng of a non-tangent curve
concave Southwest and havmg a radial bearing of South 65°24'16" West and a radrus of
318.10 feet; thence along said curve and said West margm and said East bile, Easterly
and Southerly an arc distance of 145.84 feet, through a central angle 0(26"16'06";
thence South 01°40'27" West 9.87 feet along said West margin and sald East lme, thence
South 29°05'34" West 65 15 feet along said West margm and said East lme to a pomt on
the Nonh margin of Nonheast 43rd Street and the South line of saId Lot 3, thence Nonh
88°45'09" West 147.49 feet along said North margin and said South lme to the True
Point of Begmmng.
TOGETHER. WlTIl those certain easement nghts for access/parking as estabhshed by
Declaratton of Easements recorded under Recording No. ~'!i/~~D~"';-.
(Vee Fmancmg Statement)
KmdctCaR ~ ne Cbue MaahatbD Bank . Synlbcuc Lease Fmanclng
FDrm -uce FIQaDCIQI S1atome=
Ust pl'lllfCd F,bnwy 18.2000
Ponlndl-2015134 1 00l89S4-00004
CT") = u:>
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WILMINGTON TRUST COMPANY. a Delaware corporation. nOl m Its mdlVldual capacuy,
but solely as Trustee under THE KINDERCARE REALTY TRUST 1999
EIN #51-6513825
EXlllBITB
DescnptJon of CoUateral
(Secured Interest Created m Mortgage Instrument)
The collateral covered by t1us fmancmg statement ("Collateral") COnsISts of the followmg
(a) All Improvements (as defined below) now or hereafter SItuated or to be
suuated on the real propeny (the "Land") descnbed on EXhJbit A attached hereto and made
a pan hereof (the Land, Improvements, all Appunenant Rights as defined below, and
FIXtures as defmed below, relatmg thereto are collecuvely referred to as the "Property"),
(b) all FIXtures (as defined below) which are now or hereafter attached to or
slroated m, on or about the Land or the Improvements, or used In or necessary ro the
complete and proper plaroung. development. use, occupancy or operahon thereof, or
acquIred (whether delivered to the Land or stored elsewhere) for use or .nstallauon In or on
the Land or the Improvements, and all renewals and replacements of, substJlutlons for and
addI!Ions to the foregomg (the propenles referred to m Ihls clause (b) bemg herem
somerunes collectIVely called the "Accessones." all of which are hereby declared to be
permanent accessIOns ro the Land),
(e) all nght, title and mterest of Debtor. whether now owned or hereafter
acquired, m, to and under all easements, nghts of way, gores of land, streets, ways, alleys,
passages, sewer nghts. waters, water courses, water and npartan fights, development nghts,
air nghts, mmeral nghts and all estates, rights, titles, mterests. pnvlleges, licenses,
tenements, heredrtaments and appunenances belongmg, relatmg or appertammg to the
Property, and any reversIOns, remaInders, rents, ISSUes, profits and revenue thereof and all
land lymg m the bed of any street, road or avenue, m front of or adJommg the Property to
the center lme thereof (the" Appurtenant Rights"),
(d) all EquIpment (as defIned below) of Debror s.mated m, on or about the Land
or the Improvements,
(e) all nght, title and Interest of Debtor, whether now owned or hereafter
acqUired, In and to all substitutes and replacements of. and all additions and Improvements
KmdcrCare . lbe Chase Manhattan Bank -Synt:heue Lease FinancIng
Form -UCC FmaJ'IC.tng Statcmem:
Last pnoud February 18. 2000
Ponlndl-zoln34 2 00269S4-OO(J(N
to. the Property and the EqUIpment. subsequently acqUIred by or released to Debtor or
constructed. assembled or placed by Debtor on Ihe Propeny. lffiDledlately upon such
acqUISItion. release, construcuon. assembling or placement. mcludmg. Without lurutatlon.
any and all butldmg matenals whether slored at the Property or off site. and. m each such
case. Without any further mortgage. conveyance. assignment or other aCI by Debtor.
(f) all right. title and mterest of Debtor. whether now owned or hereafter
acquued. ID. to and under all leases. subleases. underiemngs. concession agreements.
management agreements, licenses and other agreements relatlDg m the use or occupancy of
the Property or the Equ1Jlment or any part thereof. now eXlShng or subsequently entered IDIO
by Debtor and whether wntten or oral and all guarantees of any of the foregomg
(collectively, as any of the foregomg may be amended, restated. eXlended. renewed or
modified from tune to lune, the "Leases"), and all rights of Debtor ID respect of cash and
secuntles deposIted thereunder and the nght to receIVe and collect the revenues, mcome,
rents. ISSUes and profits thereof. together With all other rents. royall1es. Issues, profits.
revenue. meome and other henefits ansmg from the use and enjoyment of the Property <as
defined above) (collecl1vely, the "Rents"). provided that the pledge/asslgrunent referenced
m thts clause (e) shall be subject [0 the prOVIsIons of the ASSignment of Lease by Debtor
m favor of Secured Pany In conneCllon Wlth the Propeny,
(g) all right, title and mterest of Debtor m and m all uneamed premIUms under
UlSUJance pohcles now or subsequently ObtaIned by Debtor relatmg 10 the Propeny or
Equipment and Debmr's mterest m and to all proceeds of any such InsUrance poliCies
(mcludmg hlle Insurance poliCies) IDcludmg the right to collect and receive such proceeds,
and all awards and other compensation, meludmg the mterest payable thereon and the nght
m coUect and receive the same, made 10 the present or any subsequent owner of the Property
or Equipment for the takmg by emment domam, condemnation or otherwise, of all or any
pan of the Property or any easement or other nght therem,
(h) all nght, title and mlerest of Debmr m and m (I) all contracts from tune to
tune executed by Debtor or any manager or agent on Its behalf relalmg 10 the ownership,
construction, malmenance, repalf. operabon. occupancy. sale or fmancmg of the Properly
or EqUipment or any pan thereof and all agreements relatmg to Ihe purchase or lease of any
pornon of the Property or any property which IS adJacenl or penpheral to the Property,
together With the nght to exercise sucb OptiOns and all leases of Equlpmenl. mcludmg.
Wlthout lurutatlon, the Agency Agreement. (II) all consents. hcenses, bUlldmg permns,
cenlficates of occupancy and other goverrunenlal approvals relating to construction,
completion, occupancy, use or operation of the Propeny or any pan thereof and (111) all
drawmgs, plans, specifIcatiOns and Similar or related Items relatmg to the Property.
K1ndcrCarc -1bc Chase Manhartan Bank· SynthetIC Lease Fmancmg
Form -vee Fmanc:1III StatC'meni
Las, prwed February 18. 2000
Portlocll-201SIl4 2: 00289S4.(X)()04
<=> = <::> .....
(I) all right, tItle and mterest of Debtor m and to any and all momes now or
subsequently on depOSit for the payment of real estate taxes or special assessments agamst
the Propeny or for the payment of prermums on msurance polIcies covenng the foregOIng
propeny or otherwISe on depOSIt WIth or held by Secured Party, all caPital, operatmg,
reserve or sundar accounts held by or on behalf of Debtor and related to the operatIOn of
the Propeny, whether now eXlstmg or hereafter arlSmg and all momes held m any of the
foregomg accounts and any certIfIcates or mstruments related to or eVldencmg such
accounts, and
0) all amendments, modlficauons, subslltutlOns, replacements and addJuons of
any of the foregOing, and all proceeds, both cash and noncash, of any of the foregOIng
A pomon of the above deSCribed goods are or are to be affIXed to the Land and
Improvements
For purposes of tlus Instrument as a fIxture filmg, If Debtor IS not a record owner of the real
propeny, the record owner ("Fee Owner") of the real propeny descnbed In Schedule A hereto IS
EXIT 7, INC.
WILMINGTON TRUST COMPANY, as Trustee of THE KlNDERCARE REALTY TRUST
1999, a Delaware busmess trust, holds a ground leasehold estate m and to the propeny pursuant to
a ground lease from the Fee Owner, and IS subleasmg the Conateral to KINDERCARE
LEARNING CENTERS, INC., a Delaware corporation, pursuant to certam syntheuc lease
fmanclng IDStruments
As used above, the folloWIng terms will bave the followmg meanmgs
"tbtures· sban mean all fixtures relatmg to structures on the Land descnbed on the attached
ExhIbit A or the other Improvements, mclndmg all components thereof, located In or on such
structures or the other Improvements, together W1th all replacements, mOlilficauons, alteratIOns and
addlllons thereto
"Improvements" shall mean all buildIngs, structures, Fixtures and other improvements of
every kmc eXlStmg al any tune and from tune to !nne on or under the Land (the Land and
Improvements are sometunes referred to collecuvely as the "Property"), together WIth any and all
appurtenances to such bUildings, structures or Improvements, mc/udmg sKlewalks, utrhty PIJlCS,
corxlillts and lines, par1ang areas and roadways, and IncludIng all addItIOns to or changes m the
Improvements at any tune, and also Includmg any refurblslunents WIth respect to any Property that
KIndc:rCare .1'he Chase Manhattan Bank -SyndlebC Lease Fmanclng
Form • UCC Fmancmg Statement
Last prmlcd February 18. 2000
Ponlndl-2015I34 2 0028954-00004
~ = u" = = <::>
""
IS owned by, or ground leased by Ibe fee owner to, Wlbrungton Trust Company as Trustee, but
excluding all EquIpment
"Equipment" shall mean movable equIpment and movable personal property of every kmd
and nature whatsoever used or usable In any way In connection with any operahon or letting of the
Property, excludmg any FIXtures
The Collateral does not mclude any Inventory of Debtor or any eqUIpment or goods of
KINDERCARE LEARNING CENTERS, INC or Its corporate affthates or Ibell respective lessees
or sublessees, olber Iban the EqUIpment
KmdcrCare . The Chase Manhattan Bank . SynthetIC Lea~ FmancID8
Fonn . uce Fmancmg Statement
Last pnnted F,bru.aIY 18. 2000
Portlndl-201S134 2 0028954-00004
= = = ..-.
WHEN RECORDED RETURN TO
MICHAEL DROSS, ESQ
ROSS WILLIAMSON LOITZ PLLC
700 STH AVENUE, SUITE 2750
SEATTLE, WA 98104
CHICAGO TITLE INSURANCE COMPANY
POCUMINT TITLE(,)
I ESTOPPEL, SUBORDINATION, OrdcrNumbcr 000553836
2 NON-DISTURBANCE AND ATTORNMENT
J AGREEMENT
4
REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED 8701141236
CJ Addl.tl.onal reference numbers on page __ of document
GRANTOR ( 8) :
1 DBVERE JERRY BURTBNSHAW cUle"GO l1lLt IN1901iJ
2 ANGBLINA D BURTENSHAW n ,. ,-t;'Ji"J ",(I
REf# t7.t 1 ,.;; .-J EXIT 7, INC n ro
CJ Add1t10nal names on page ___ of document
GRANTEE (8) :
1 KINDERCARE LEARNING CENTERS, INC
2
3
c::J Add.l.tl.onal names on page __ of document
U'RIV'IATID
Lot-Umt 3
Section
LIG!!, PISCRIPTION;
Brock V~ume
Township Range
Page
Portion
Pial Name RENTON SHORT PLAT 011-87 (#8802169005)
c:::J Complete legal descrl.pt~on 18 on page __ of document
ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NOMBER(8):
334330-1141-02
Addl.tl.onal Tax Accounts are on page __ of document
Note ThiS cover sheet IS prepared to conform to the reqUirements of Chapter 143, Laws of 1996
Nothing on thIS sheet alters the nemes, legal description or other Information In the ettachad document
The only purpose of thIS cover sheet IS to assist the audrtor In IndeXIng the document In
conformance wrth statute
The Recorder WIll rely on the Information proVJded on thIS form The staff wil not read the document
to verify the accuracy or completeness of the indeXing Information provided hereIn
Ln = CD = = = <""
U"'> =
= o = '"
After RecordIng, please return to
MIchael DRoss, Esq
Ross WIlliamson LOItz PLLC
700 5~ Avenue, SUIte 2750
Seattle, Washington 98104
DOCUMENT TITLE
REFERENCE NUMBER(S)
RELATED DOCUMENTS
GRANTOR/BORROWER
OF
GRANTEEIASSIGNEEIBENEFICIARY
LEGAL DESCRIPTION
ASSESSOR'S PARCEL NOISl.
Estoppel, Subordination, Non-dlsturbance and
AHornment Aareement
DeVere Jerry Burtenshaw and Angelina D
Burtenshew, husband and WIfe, and Exit 7, Inc.
a WashlllOton coroorallon rLandlord")
KmderCare learning Centers, Inc, a Delaware
coroorallon
Lot 3, City of Renton Short Plat Number 011-87,
recorded under RecordlOg Number 8802169005,
In KIna CounIY. Wash/ltllton
ESTOPPEL, SUBORDINATION,
NON-DISTURBANCE AND ATTORNMENT AGREEMENT
THIS N02~URBANCE AND ATTORNMENT AGREEMENT (thiS "Agreemenr) IS made and
entered Into thiS ay of Apnl, 2000, by and between KlnderCare Leamlng Centers, Inc, a Delaware
corporabon ("Tenanr) and DeVere Jerry Burtenshew and Angelina D Burtenshew, husband and Wife
("Lender"), and Exit 7, Inc, a Washington corporatIon ("Landlord")
.B~Q!!A!.li
WHEREAS, Landlord and Tenant executed a lease dated as of March 3, 2000 (the "Lease"), a
memorandum of which shall be recorded, covenng certmn real property, a legal descnptlon of whICh IS
aHached hereto and Incorporated herein by thIS relerence as Exhibit A (the "Property"), and
WHEREAS, Landlord has executed a Deed of Trust and other secunty IrJStruments relallng
thereto (herem, collectlV8ly, the "Mortgage") dated January 13, 1987, and recorded on January 14, 1987,
at Reception number 8701141236, 01 the Records 01 King County, WashIngton In favor 01 Lender, payable
upon tha terms and conditions descnl>ed thereIn, and
WHEREAS, It IS a condibon of the Mortgaga that It shall uncondibonally l>e and remain at all tImes
a lien or charge upon the Property unt~ sabsfied or otherWIse released, pnor and supenor to the Lease
and to the leasehold estate created thereby, and
WHEREAS, the parties hereto dene to assure Tenant's possessIon and control of the Property
under the Lease upon the terms and condltJons therein contained
NOW, THEREFORE, for and In conSideration of the mutual covenants and promIses herein and
other good and valuable consIderatIon, the receIpt and suffICiency of which are hereby acknOWledged by
the parttes hereto, the parties hereby agree as follows
~ = <0 = = = c-..
= c.:. = ""
AGREEMENT
1 The Lease IS and shall be subject and subor(hnate to the Mortgage, and to all renewals,
mocllbcatlons, consolidations, replacements and extensions thereof, and to all future advances made
thereunder
2 As of the date of thiS Agreement, the Mortgage and all monetary and non-monetary
obligations secured thereby are current and Landlord IS not In default thereunder
3 Landtord has sabsfl8d all terms and provIsions of the Mortgage to date, IS not In any
respect In default In performance thereof, nor IS there now any fact or condition known to Lender or
Landlord Which, wrth notICe or lapse of time or both, woutd become a default
4 Landlord's execubon of the Lease does not and will not, With nobce or lapse of bme or
both, conslltute or become a default under the Mortgage
5 Should lender become the owner of the Properly, or should the Property be sold by
reason of foreclosure or other proceedings brought to enforce the Mortgage, or should the Property be
transferred by deed In lieu of foreclosure, or shOUld any por\IOI1 of the Property be sold under a trustee's
sale, the Lease shalf conbnue In full force and e«ect as a dlrecl lease between the then owner of the
Property and Tenant, upon, and subject to, all of the terms, covenants and conditions of the lease for the
batance of the Inl\lal Term thereof remaining, Including eny extenslon(s) therein proVided Tenant does
hereby agree to attorn to lender or to any such owner as Its landlord
6 If Lender sends wrrtten notice to Tenant to direct Its rent and any other payments due
under the Lease to Lender mtead of Landlord, then Tenant agrees to follow the Instructions set forth In
such wntten InstrucbonS and dehver rent payments to Lender, however, Landlord and Lender agree that
Tenant shall be credrted under the Lease for any such payments sent to Lender pursuant to such wntten
notice
7 All nobces whICh mayor are reqUired to be sent under thiS Agreement shall be made In
accordance With Seebon 29 of the Lease and shall be sent to tha party at the address appaanng below or
such other address as any party shall hereafter Inform the other party by wntten notice gIVen as set forth
above
Tenant
Landlord
Lender
KII'I(lerCare Learning Centers, Inc
650 NE Holladay, Suite 1400
Portland, OR 97232
Attn Real Estate Assets
Phone 5031872-1636
Fax 5031872-1447
Exit 7, Inc
1500 114" Avenue SE, #105
Bellevue, WA 98004-6922
DeVere Jerry and Angelina 0 Burtenshaw
4425 Forest Avenue Southeast
Mercer Island. WA
8 SaKI Mortgage shall not cover or encumber and shall not be construed as Subjecting In
any manner to the lien thereof any of Tenant's Improvements or trade fixtures, furniture, equipment or
2
Ln = <0 = = = '""
<.::> = «::>
""
other personal property at any tme placed or Installed In the Property In the event the Property Of any
part thereof shall be taken tor publ,c purposes by condemnabon or transfer In lieu thereof or the same are
damaged or destroyed, the nghts of the partIes to any condemnatIon award or Insurance proceeds shall
be determined and controlled by the applIcable prOVISIons of the Lease
9 thIS Agreement shall Inura to the benefIt of and be bIndIng upon the partIes hereto, their
successors In Interest, hell'S and assIgns and any subsequent owner of the Property
10 Shoutd any aebon Of proceedIng be commenced to enforce any of the prOVISIons of thIS
Agreement or In connectIOn with ds meaning, the prevBlllng party In such actIon shall be awarded, In
addItIOn to any other rehef d may obtaIn, ItS reasonabte costs and expenses, not limIted to taxable costs,
and reasonable attorneys' fees
11 Tenant shaN not be JOIned In any actIOn or proceeding whIch may be InstItuted or taken by
reason of or under any default by Landlord In the performance of the terms, covenants, condItIons and
agreements set forth In the Mortgage
[Remainder of Page lmentionally Left Btank)
3
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the day and year first above wTltten
WITNESS TENANT
STATE OF OREGON )
) ISIS
COUNTY OF MULTNOMAH )
The forllWlIl9 Instrument was acknowledged before me ~ 4 , 2000, by &w. .... ~,~.s ,
theSrrr 'I.~OOof KlnderCare Leamlng Centers, Inc, a Delaware corporallon, on behalf of the
corporabon
•
OfFICIAL SEAL
JACN QUEUNE S HARRISON
orARY PUBLIC-QRfGON
IIY COMMISCSOMMISSION NO 329443
ION EXPIRES NOV 30, 2003
WITNESS
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
otary PublIC for the State of Oregon
\.. y commISSion ExPires I' --6U=-(Y:.,.
4
LANDLORD
EXIT 7, INC, a Washlll9lon ~~ II
:9!.Iiv~
ry Public for the State of Washington
commiSSIOn Expires De<; /,3-0";.
-----
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WITNESS LENDER
DEVERE JERRY BURTENSHAW
STATE OF )
) 55
COUNTY OF ) ......
The foregotng Instrument was acknowledged before me on Apnl60oo. by DeVere Jerry
Burtenshaw
WITNESS
)
) 55
COUNTY OF )
ry Public for the State of Washington
commission ExPires IfJ.,l -1..3 -0.3
LENDER
ANGELINA D BURTENSHAW
~dcv.4
-e.-
The foregoing Instrument was acknowledged before me on Apnl16 • 2000. by Angelina D
Burtenshaw --_ ........ ,','\,
_--"ONNO '" :" ....... '" " .:-",,0"" EXpi;;· I, , -'>. • r_' -T~ -I , .. -'if>' ,-,:-/ 'ii>-I I'~: ..... :"tt--'r' ". ~ ~o :~_,O./ ~. I I"":~~-;# : ~ ~:o !P):;
", ~O () 0" .,
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, . 2·'\· " " ~"":." .: ",~'''1lEClf'' _ .. \\,,', .... ,---
5
ry PublIC for the State of Washington
My commiSSIOn Expires Our' -Ii -0.-$
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EXlDBIT A
Legal Description
A ground leasehold estate in and to certam real property whIch IS more partIcularly
descnbed as follows' ,
That portIon of Lot 3, City of Renton short plat number 011-87, recorded under recordmg
number 8802169005, m Ktng County, Washtngton and further descnbed as
BeginnIng at the Southwest comer of saId Lot 3, also bemg a pomt on the North Margin of
Northeast 43rd Street; thence North 01 °14'51" East 208 50 feet, thence South 88°45'09"
East 14619 feet to a point on the West margm of Northeast 44th Street, also being a pomt
on the Easterly line of said Lot 3 and the begmoing of a non-tangent curve concave
Southwest and baving a radial bearing of South 65"24'16"~estand a radIUS of318.10 feet;
thence along said curve and saId West margm and said East line, Easterly and Southerly an
arc dtstance of 14584 feet, through a central angle of26°16'06", thence South 01°40'27"
West 987 feet along said West margin and saId East Ime; thence South 29°05'34" West
65 15 feet along said West margin and saId East hne to a pomt on the North margin of
Northeast 43rd Street and the South line of Said Lot 3, thence North 88°45'09" West 147 49
feet along saId North margm and saId South lme to the True Pomt of Begmrung
= TOGETHER WITH those certain easement nghlS for access/parkmg as established by
g DeclaratIon of Easements recorded under Recording No ~I :M:co$9?" c--.o
...... ,.11·2OIll342 ~ -6-
VINO E BEVANDE
VinoRosso
TOSCANA
Chianti Docg, Coltibuono
Sangiovese, La Carraia
Morellino di Scansano, Val Delle Rose
Chianti Classico, Castello di Bossi
Vino Nobile Di Monlepu/ciano, Braccesca
Pamino Rosso, Frescobaldi
Chianti Classico Riserva, Coltibuono
Brunella di Manta/dno. Banft
VENETO
Valpolicella Classico "Ripassa", Zenata
Brenlino, (merlot-cab) Macu/an
Amarone Classico "5. Alighieri", Mas;
PIEMONTE
DolcetJo D 'A/ba, Prunotto
Barbera D 'Alba Negro
Barbaresco, Pellissero
Barolo, Pruno/to.
OTHER REGIONS
Viliano (Sangiovese-Cab-Merlot), Fa/esco
Cabernet, Di Majo Norante
Rami/ella, Di Majo Norante
Nero D'Avola, (Sicilia) Ajello
Aglianico, "Ruhrato"l Feudi.
Montepu/ciano, Monti
Meriot, Marco Felluga
VINIDOLCI
22
22
31
39
45
45
51
99
42
42
99
29
33
79
99
22
23
29
29
31
31
32
Porto, Ruby or Tawny
Grappa di Manlalcino
glass 6.50
glass 6.50
VinoBianco
White Zinfandel, Falesco
Drvieto Classico, La Carraia
Gravina, Botromagno
Clwrdonnay, Alois Lagader
Vernaccia Di S.Gjmignano, S.Quirico
Verdicchio "Cuprese ",Colonnara
Pinol Grigio, Alois Lagader
Grego di Tufo, Montesole
Vino della Casa
( by the glass)
ROSSO
Montepulciano
Chianti Classico
Pinol Grigio
Chardonnay
White Zinfandel
Moretti
BlANCO
BIRRA
Moretti la Rossa
Pyramid Hejeweizen
Non-Alcoholic, KaUber
FRIZZANTE
S. PeJiegrino Water
Domestic Soda
Espresso
Cappuccino
CAFFE
17.
18.
19.
22.
21.
25.
29.
28.
6.00
6.00
5.50
5.50
4.50
4.25
4.25
3.95
3.95
2.95
2.00
1.75
2.95