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HomeMy WebLinkAboutLUA-07-048_Misc, • CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 26, 2007 TO: Sonja Fesser, Property Services FROM: Jill K. Ding, DevelopmenUPlanning, x7219 )'9- SUBJECT: Boeing Lakeshore Landing 2 Binding Site Plan, File No. LUA07-048 Attached is the most recent version of the above-referenced binding site plan. If all Property Services concems have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. Property Services approval: cc: Yellow File H:\Division.s\Develop.ser\Dev&plan.ing\PROJECTS\07~048 .Jill\Property Services Memo.doc • I , DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM November 27,2007 Jill Ding Sonja J. Fessel~ Boeing Lakeshore Landing 2 Binding Site Plan, LUA-07-04S-BSP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced binding site plan submittal and have the following comments: Comments for the Applicant: The "DIVISION OF RECORDS AND ELECTIONS" block should be removed from Sheet 1 of 3. The "KING COUNTY FINANCE DIVISION CERTIFICATION" block is not needed. Remove from the drawing (Sheet 1 of 3). How is Lot 5E to be accessed? \H:\File Sys\LND -Land Subdivision & Surveying Rccords\LND-35 -Binding Site Plans\OOl 6\RV07 1 1 27.doc MASTER SITE APPLICATION BOEING RENTON PLANT, SUB-DISTRICT 1B July 31, 2007 TABLE OF CONTENTS Project Narrative UCNI Consistency Report Urban Center Design Overlay Report PROJECT NARRATIVE Introduction Page_l_ Page_6_ Page_8_ CALLISON This project narrative is submitted to fulfill Submittal Requirement 6 of The Boeing Company's Master Plan ("MP'') application for Sub-District 1B of the Boeing Renton Plant and Submittal Requirement 6 of The Boeing Company's Binding Site Plan ("BSP'') application for Sub-District lB. Boeing seeks the City'S approval of the Sub-District lB MP for a five-year period (consistent with RMC 4-9-200 L) so that it can record a BSP for Sub-District IB creating additional lots. Boeing plans to make the northern portion of the MP area, referenced herein as the ''Retail Area," and Lot 5B of the BSP, referenced herein as the ''Retail/Residential Area," available for sale. Boeing has not yet surplused the remainder of the !viP area, referenced herein as the "Boeing Remainder," which is occupied by conforming uses including office buildings, a laboratory, and structured parking. It is unlikely that significant portions of the Boeing Remainder will be surplused and sold prior to 2016. Size and Location of Site The MP and BSP area is located within Sub-District IB, to the south of the Lakeshore Landing retail development now under construction and to the east of the existing Boeing Renton airplane manufacturing plant, is bounded by Logan Avenue N., Garden Avenue N., N. 8th Street and 6th Street, and is divided by Park Avenue North. The MP arca encompasses the majority but not all of Sub-District IB, as it does not include the portion of Sub-District lB that lies south ofN. 6th between Park Avenue North and Garden Avenue. The MP area totals approximately 42 acres, as illustrated on the attached parcel map. The:MP area encompasses two parcels not included in the BSP area, one at the northwest comer of Park Avenue N. and N. 6,h Street, and one at the north side ofN. 6th Street between Garden Avenue N. and Park Avenue N. The Retail Area consists of approximately 20.17 acres; the Retail/Residential Area is approximately 5.19 acres; and the Boeing Remainder is approximately 16.6 acres. The BSP area is within the MP area and consists of approximately 38 acres. CALLISON ARCHITECTURE, INC. 1420 FIFTH AVENUE #2400 SEATTLE, WASHINGTON 98101-2343 --T 206 623 4646 F 206 623 4625 www.callison.com Sub-District 1B: Master Site Application Land use pennits required for proposed project • Master Plan Approval • Binding Site Plan Approval • Modification of Binding Site Plan for lots less than 25 acres in size • Modification of requirement that large-fonnat retail use be connected to additional structures • Modification of Urban Design Regulation requiring maximum of 150' between pedestrian pathways • Modification of setback requirement for the residential alternative in the Retail/Residential Area • Modification of setback requirement for existing buildings in the Boeing Remainder. Zoning designation of site and adjacent properties The MP site is zoned UC-Nl, District C. Properties north ofN. 8'" Street, west of Logan and east of Garden are also UC-Nl, District C. The area south of 6'" Street is single family residential. Current use of the site The Retail Area, between Garden and Logan, is currendy occupied by industrial buildings, vacant space and surface parking. The Retail/Residential Area contains a 1960s-vintage engineering and lab building (known as the 10-71 building, which under current plans will be demolished in the near future). The Boeing Remainder, between Park and Logan, is occupied by two conforming use 1980s-vintage office and engineering buildings (10-18 and 10-20 buildings). Each structure is approximately six stories in height. The 10-18 building is approximately 210,000 square feet and the 10-20 building is approximately 207,000 square feet. In addition to the existing office buildings, the Boeing Remainder contains a two level parking garage and several small support buildings. That portion of the Boeing Remainder to the east of Park currendy consists of surface parking lots and a five level parking garage serving the 10-18 office building. Parking supporting the two office buildings and the lab building is currendy at an overall ratio of 4.5 stalls per 1,000 square feet. Proposed use of the property and scope of the proposed development The MP area is comprised of three parts. The Retail Area (lots SA and 7B of the BSP, approximately 19.33 acres) makes up the northern portion of the property along 8"'Avenue, has been identified as surplus by Boeing operations and (with the exception of one portion of the existing, industrial building that will remain as a "Boeing Data Hub" on Lot 5E), is available for near-tenn redevelopment. The Retail/Residential Area (Lot 5B of the BSP, approximately 5.19 acres) is proposed for near-term redevelopment of either a small, retail village or a residential over retail development. The Boeing Remainder makes up the southern portion of Sub-District lB. It contains 418,000 square feet of existing office and 2 Sub-District IB: Master Site Application laboratory space; and approximately 3.86 acres of land with future redevelopment potential which is unlikely to be surplused and sold prior to 2016. The Retail Area is planned for redevelopment as a retail project to complement the Landing project to the immediate north. Its proposed components are consistent with both the Conceptual Redevelopment Plan for Sub-District 1B approved by the City in November 2005 and the City'S long-term vision for the UC- Nl area. In particular, the Retail Area is envisioned to contain a large fonnat "destination" retailer along Logan Avenue, with supporting retail shop space concentrated along both sides of Park Avenue and junior anchor retail spaces occupying the spaces between. Proposed building footprints in the Retail Area range in size from approximately 7,000 to approximately 126,400 square feet. Building heights do not exceed ten stories and all redevelopment is surface parked. Retail Area development envisioned within the proposed MP area meets the City's vision and policy statements for the UC-NI, which generally call for "retail integrated into pedestrian-oriented shopping districts." A transit facility may be considered for development in a portion of the Retail Area if criteria imposed by the City at the time of Conceptual Plan approval are met (i.e., funding for a transit facility is available, it is developed in a way that is consistent with and supports surrounding redevelopment, and it is supported by the property owner(s)). Details of a transit facility alternative would be provided at the time of Site Plan Review. The Retail/Residential Area is proposed for retail or residential development, consistent with the alternative vision for that parcel set forth in the Conceptual Plan. The proposed retail alternative consists of 69,900 square feet of mid rise (one level) retail use that would function as a small retail village. The retail alternative would reinforce and expand the proposed Landing retail development. The proposed residential alternative would also include some retail use. In particular, the residential alternative would consists of four to five levels of housing units over one level of retail and two levels of parking, the lowest level of which would be sunk a few feet below grade. Like the retail alternative, the residential alternative would contribute to the overall, mixed-use character of the Landing development to the north. The Boeing Remainder currently contains commercial and light manufacturing uses that are consistent with applicable UC-Nl policies calling for a "wide range of office, technology, commercial, and residential uses." As discussed in the Conceptual Redevelopment Plan for Sub-District IB, the majority of the Boeing Remainder will, for the foreseeable future, continue to be utilized by Boeing to support on-going airplane manufacturing activities occurring across Logan Avenue at the Boeing Renton manufacturing plant. Accordingly, parcels referenced as DP-2, 3 and 4 in the Conceptual Plan are, for purposes of this MP, assumed to continue to house existing buildings and uses. Special site featnres None 3 Sub-District 1B: Master Site Application Statement addressing soil type and drainage conditions Two geologic units underlie the MP and BSP area: deltaic and lacustrine deposits (brown, gray to greenish gray sand and silt with minor amounts of day and gravel interbedded with greenish gray, medium to coarse-grained sand with gravel and peat deposits) and fill soils. Stormwater drainage flows undetained through large capacity 24-inch to 48-inch concrete pipes north to John's Creek. For plats indicate the proposed number, net density and range of sizes (net lot area) of the new lots This MP is prepared in conjunction with the BSP for Sub-District IB. The proposed BSP contains eight lots ranging in size from 0.84 to 14.21 acres. Access Access to the Retail Area and the Retail/Residential Area from surrounding public streets will be provided at entry points located and designed according to the UC-NI guidelines. Access to the Boeing Remainder will continue from Logan Avenue, Park Avenue, N. 6'" Avenue, and Garden Avenue. Proposed off-site improvements (i.e. installation of sidewalks, fire hydrants, sewer main, etc.) A pedestrian crossing on N. 8th Street with a manually operated signal will be examined at the time of Site Plan Review. Other off-site improvements required for redevelopment of the Retail Area and Retail/Residential Area will be identified at the time of Site Plan Review. No off-site improvements are required for continued use of the Boeing Remainder for commercial and light manufacturing uses. Total estimated construction cost and estimated fair market value of the proposed project The total estimated construction cost and estimated fair market value for redevelopment of the Retail Area and the Retail/Residential Area will be identified at the time of site plan review. Because the balance of the Boeing Remainder will continue in its existing condition for the foreseeable future, no construction cost or fair market value of redevelopment for that portion of the MP is estimated at this time. Estimated quantities and type of materials involved if any fill or excavation is proposed Quantities and types of fill materials required for eventual redevelopment of MP area will be identified at the time of site plan review. Number, type and size of any trees to be removed Tree removal necessary to support eventual redevelopment of the MP area will be addressed at the time of site plan review. Explanation of any land to be dedicated to the City As provided by the 2003 Boeing Renton Development Agreement, Boeing has dedicated to the City land for Logan Avenue and along N. 8th between Park Avenue and Garden Avenue. No other dedications are necessary to support Sub-District IB development. Any proposed job shacks, sales trailers, and/or model homes This topic will be addressed at the time of site plan review. 4 Sub-District 1B: Master Site Application Any proposed modifications being requested (include written justification) o Modification for Lots less than 25 acres in size As noted above, the BSP application submitted in conjunction with the MP apphcation requires modification of the 25-acre minimum lot size applicable in the UC-N1 zone. Parcelization of the MP results in lots less than 25 acres for the following reasons: (a) Retail Area: The Boeing Data Hub, which must be retained by Boeing to support ongoing manufacturing activities west of Logan Avenue, is centrally located witbin the Retail Area. The Data Hub's location drives the size of flanking lots within the Retail Area (Lots SA and 5E). (b) Retail/Residential Area: The size of the Retail/Residential Area is due to the location of the existing 10-20 building and garage which, as described below, Boeing proposes to retain and utilize for the foreseeable future. (c) Boeing Remainder: The Boeing Remainder is improved with two buildings that Boeing proposes to utilize for the foreseeable future. When those buildings are surplused and taken to market, however, they will be sold individually. This marketing plan requires creation of individual lots for each building. Due to existing building locations, all resulting lots within the Boeing Remainder are less than 25 acres in S1Ze. o Modification for Large Format Retail Connecting Structures Modification of the UC-N1 requirement that large-format retail use be connected to additional structures is also requested. Due to the dimensions of the site and the size requirements of big-box and associated uses such as loading, a large-format retail use along Logan Ave. N cannot be physically connected to additional structures. However, this 1\1P concept proposes visual connections to the large-format retail use through the use of light poles, consistent design ideas, materials, finishes and site graphics. o Modification of Urban Design Regulation Requiriog Maximum of 150' Between Pedestrian Pathways Relaxation of this requirement is necessary to allow for natural pedestrian flow to and from buildings located witbin the Retail Area. o Modification of Building Setbacks in Retail/Residential Area for Residential Alternative Modification of the building setback requirements for the residential alternative proposed for the Retail/Residential Area is requested to accommodate existing utility lines running through the Residential/Retail Area along Logan Avenue. Because residential buildings cannot be located over the utility lines and it is not feasible to relocate the lines, a modification of the setback requirements along Logan Avenue is requested for the Retail/Residential alternative only. o Modification of Building Setbacks in Boeing Remainder In addition, modification of setback requirements for existing buildings in the Boeing Remainder is requested. Proposed lot lines have been located around pre-existing buildings, resulting in some 5 Sub-District 1B: Master Site Application nonconformities relative to existing Code requirements. In particular, a modification of setback requirements for those buildings is requested. UC-Nt CONSISTENCY REPORT Summary Redevelopment envisioned by Boeing's proposed MP is consistent with the Conceptual Redevelopment Plan for Sub-District 1B and the City's Urban Center-North vision and long-range planning policies in the Comprehensive Plan. The purpose of the UC-N is to "redevelop industrial land for new office, residential, and commercial uses at a sufficient scale to implement the Urban Centers criteria adopted in the Countywide Planning Policies." Renton Comprehensive Plan at IX.43. The policies include supporting more urban density of development (policy LU-265); supporting a range of commercial and office uses (policy LU-267); and supporting integration of conununity-scale office and service uses (policy LU-273). The policies also include using a hierarchy of conceptual plan, master plan and site plan review and approval to "encourage the cohesive development of large land areas within the Urban Center-North." Policy LU-280. The policies permit phasing plans for mixed-use projects (policy LU-284), and the vision for District 1 states that the vision is a "dense employment center." Comprehensive Plan at IX-48. Boeing's proposed MP implements these policies in the Retail Area by providing for redevelopment of currendy industrial land for new commercial uses and supporting a more urban density of development. Retail or residential redevelopment of the Retail/Residential Area would also be consistent with UC-Nl. For the majority of the Boeing Remainder, existing office and laboratory uses, consistent with supporting a range of commercial and office uses, will continue. Consistency with Relevant UC-Nt policies Relevant UC-N1 provisions are listed below in bolded italics, followed by analysis ofMP consistency in regular type. Both the retail and residential alternatives for the Retail/Residential Area are discussed below. RMC 4-2-060 -Project Uses Big-Box Retail-Permitted, note 79 section 4-2-080. Must function as an anchor to larger retail developments that are planned as part of an integrated and cohesive center. The project meets this requirement. Proposed large-format retail use is planned as part of an integrated center and will function as anchor. Big-box use must be connected to additional structures within a shopping center with supporting retail or service uses structures with common walls, or plazas, or other similar features, excluding pushcarts/kiosks. Due to the limited dimensions of the site relative to the space requirements for large-format retail use, the proposed large-format retail use along Logan Ave. N cannot be physically connected to additional structures 6 Sub-District 1B: Master Site Application within the project (see, also, request for modification described in Project Narrative, above). Proposed large- format retail can, however, be architecturally and visually connected to additional structures through the use of light poles, consistent design ideas, materials, finishes and site graphics. Buildings oriented along Park Avenue must have one or more pedestrian entries on Park Avenue. Buildings along Park Avenue will include pedestrian entries on Park Avenue and/or at the building comers. Details regarding pedestrian entries will be addressed in Site Plan Review and will be consistent with Code requirements. Retail Sales -Permitted, note 82 section 4-2-080. No freestanding structures smaller than five thousand (5,000) square feet are permitted, unless architecturally and functionally integrated into overall shopping center or mixed use development. Al! structures in this proposed mixed use project will be architecturally and functionally integrated. Attached Dwellings -Permitted, note 74 section 4-2-080. a. Flats permitted onlY norih of N. 8th 5 tree! unless pari of a mixed use structure with groundjloor commercial Flats are permitted with a maximum density of eight jive (85) d.u'; net acre. All residential parking except that intended for guests is required to be located in structured parking. A bonus of up to one hundred jifty (150) d.u'; net acre permitted for flats in a mixed use structure with ground-j70or commercial UJU within them. The proposed residential alternative for the Retail/Residential Area, south of 8th Street, is part of a mixed-use structure with ground floor retail. Primary occupant parking is located in structured parking. The proposed residential development alternative falls under the maximum density of 150 d.u'; net acre (proposal is less than or equal to 786 d.u.'s). RMC 4-2-120.E -Development Standards for Commercial Zoning Designations Lot Dimensions Minimum Lot Size 25 acres As described in the Project Narrative above, applicant requests that this minimum lot size requirement be modified to allow for the creation of new lots less than 25 acres in size. Lot Coverage Maximum Lot Coverage for Buildings 90% of total area or 100% if parking is provided within the building or within a parking garage. The project's lot coverage is less than 90% of the total lot area. Density The Master Plan conforms to section 4-3-100 Urban Center Design Overlay. Setbacks To accommodate existing utility lines running through the Residential/Retail Area along Logan Avenue, applicant requests modification of the five (5) foot maximum setback for the residential alternative. To 7 Sub-District 1B: Master Site Application accommodate new lots created for existing buildings, applicant requests a modification from the maximum setback of five (5) feet for lots created in the Boeing Remainder (see, also, request for modification described in Project Narrative, above). Clear Vision Area In no case shall a structure over 42 in. in height intrude into the 20 it. clear vision area defined in RMC 4-11-030. No existing or proposed structure within the !vIP area intrudes into the clear vision area. Minimum On-Site Landscape Width -Along the Street Frontage All setbacks yom the public right-oE-way shall be landscaped. All setbacks from the public right-of-way are landscaped. Details regarding landscaping will be addtessed in Site Plan Review. Maximum Building Height 10 stories along primary and secondary arterials; 6 stories along residential/minor collectors. The highest point on any existing or new structure in the project is less than ten stories. Minimum On-Site Landscape Width Required Along the Street Frontage When a Commercial Lot is Adjacent to Property Zoned R-1, R-4, R-8, R-IO, R-14 or RM The City of Renton is currendy revising portions ofN. 6th Street near Logan Avenue. Although the retail alternative for the Retail/Residential Area would place a comrnerciallot adjacent to an area to the south zoned "R" (and would thus ordinarily trigger the landscaping requirement noted above) the current use of the lot inunediately south of the Retail/Residential Area across N. 6th Street is a commercial development (repair garage) and a large parking lot. To require screening along N. 6th Street would not appear to be in keeping with the overall goal of urban character for this area. Landscape screening for the proposed retail alternative will be addtessed at the time of Site Plan Review. Apart from the Retail/Residential Area, new development is not inunediately planned for the existing Boeing Remainder area. Landscaping in conformance ,,~th this requirement will be developed at the time of site plan review. Building-specific design and planning features such as screening, parking and loading, signs, loading docks, waste collection areas, and impacts on critical areas will also be developed and addtessed at the time of site plan review. URBAN CENTER DESIGN OVERLAY REPORT The following Urban Center Design Overlay Report addtesses Retail Area and Retail/Residential Area compliance with Urban Center Design Regulations. Because the majority of the Boeing Remainder will contain existing buildings for the foreseeable future, compliance of parcels DP-2, 3 and 4 of the Boeing Remainder with the Urban Center Design Regulations is not addtessed by this Report. 8 Sub-District 1B: Master Site Application All balded italic headings reference relevant Urban Center Design Overlay Regulations set forth in section 4- 3-100 of the Renton Municipal Codes Urban Design Regulations. Applicant responses are set forth in standard type. 4-3-100 URBAN DESIGN REGULATIONS SITE DESIGN AND BUILDING LOCATION Site Design and Street Pattern Intent: To ensure that the City of Renton Vision can be realized within the Urban Center Districts; plan districts that are organized for eJ1iciency while maintaining flexibility for future development at high urban densities and intensities of use; create and maintain a safe, convenient network of streets of varying dimensions for vehicle circulation; and provide service to businesses_ Minimum Standards for District 'c' Provide a network of public and/or private local streets in addition to public arterials. Maintain a hierarchy of streets to provide organized circulation that promotes use by multiple transportation modes and to avoid overburdening the roadway system. The project meets this standard. Logan Avenue is the high visibility street that feeds to the arterial streets of Park Avenue North, Garden and North 8th Street. N. 8th Street is an arterial street, and Park Avenue North between N. 8th Street and N. 6th Street is a pedestrian-oriented street. Primary vehicular access to the site will be from North 8th and Logan Avenue. As noted above, the Boeing Data Hub must be retained by Boeing to support ongoing manufacturing activities west of Logan Avenue and will remain in place for the foreseeable future. If the Data Hub is removed and the Boeing Remainder is redeveloped for non-Boeing use, alignment of a mid-block service road between N. 6th Street and N. 8th Street would be feasible and could be considered at that time. Building Location and Orientation Minimum Standards for District 'C' Buildings on designated pedestrian-oriented streets shall feature "pedestrian-oriented facades" and clear connections to the sidewalk (see illustration, RMC 4-3-100E7a). Such buildings shall be located adjacent to the sidewalk, except where pedestrian-oriented space is located between the building and the sidewalk. Parking between the building and pedestrian-oriented streets is prohibited. The project meets this standard. All buildings fronting on pedestrian oriented streets contain pedestrian- oriented facades. Buildings fronting on pedestrian-oriented streets shall contain pedestrian-oriented uses. The project meets this standard. All buildings fronting on pedestrian-oriented streets contain pedestrian uses. 9 Sub-District lB: Master Site Application Building Entries: Minimum Standards for District 'C': On pedestrian-oriented streets, the primary entrance of each building shall be located on the facade facing the street_ Pedestrian pathways "om public sidewalks to primary entrances or "om parking lots to primary entrances shall be clearly delineated. The project meets this standard. Pedestrian paths lace the site, connecting parking to the primary entrances. Guidelines Applicable to All Districts Multiple buildings on the same site should provide a continuous network of pedestrian paths and open spaces that incorporate landscaping to provide a directed view to building entries. The project meets this guideline by providing a network of pedestrian paths and open spaces. Alliandscaping details will be addressed in Site Plan Review and will be consistent with Code requirements. Pedestrian access should be provided to the building from property edges, adjacent lots, abutting street intersections, crosswalks, and transit stops. The project meets this guideline. The primary entrance of each building is located on the fa~ade facing the street. More detailed, project level building entry standards will be addressed as part of Site Plan Review. Transition to Surrounding Development Minimum Standards for District 'c' For properties along North 6th Street and Logan Avenue North (between North 4th Street and North 6th Street), applicants shall demonstrate how their project provides an appropriate transition to the long established, existing neighborhood south of North 6th Street known as the North Renton Neighborhood. Most existing buildings in this area will remain, and established transitions to the North Renton Neighborhood will also remain unchanged. The existing building in the Retail/Residential Area will be demolished by June 2007. The transition for the Retail/Residential Area will be addressed in detail as part of Site Plan Review; however, either the retail or the residential alternative would provide an appropriate transition to the North Renton Neighborhood. In particular, both alternatives would provide easily accessible retail services to the Neighborhood, and serve as an appropriate transition to the Neighborhood from the larger Landing development to the north. Service Element Location and Design; Gateways A gateway feature will be located at the comer of North 6th Street and Logan Avenue at sueh time as Lot SB is redeveloped for non-Boeing use. Gateway elements will be described at the time of Site Plan Review. Service element location and design will be addressed as part of Site Plan Review. 10 Sub-District 1B: Master Site Application PARKING AND VEHICULAR ACCESS Location of Parking Minimum Standards for District 'C' On Designated Pedestrian-Oriented Streets Parking shall be at the side and/or rear of a building, with the exception of on-street parallel parking. No more than sixty feet (60') of the street "ontage measured parallel to the curb shall be occupied by off-street parking and vehicular access. The project meets this standard. On-street parallel parking spaces located adjacent to the site can be included in calculation of required parking. For parking ratios based on use and zone, see RMC 4-4-080. Parking, Loading and Driveway Regulations. On street parallel parking is included in the calculations. On-street, parallel parking shall be required on both sides of the street. On-street parking is controlled by the City of Renton and is not currently provided in this location. All parking lots located between a building and street or visible from a street shall feature landscaping between the sidewalk and building; see RMC 4-4-080F, Parking Lot Design Standards. The project meets this standard. The appropriate amount oflandscaping is provided to screen parking lots and large building faces from public streets. Details regarding landscaping will be addressed in Site Plan Review and will be consistent with Code requirements. Surface Parking Lots: The applicant must successfully demonstrate that the surface parking lot is designed to facilitate future structured parking and/or other infill development. For example, an appropriate surface parking area would feature a one thousand five hundred foot (1,500,) maximum perimeter area and a minimum dimension on one side of two hundred feet (200'), unless project proponent can demonstrate future alternative use of the area would be physically possible. Exception: If there are size constraints inherent in the original parcel (see illustration, subsection F5a of this Section). The project meets this standard. There is to the east of the large-format retailer on Logan Avenue a surface parking area that could accommodate a 1500' perimeter, with one side longer than 200.' Guidelines Applicable to District 'C' lf a limited number of parking spaces are made available in "ont of a building for passenger drop- off and pick-up, they shaD be paraDel to the building facade. The project meets this guideline, 11 Sub-District 1B: Master Site Application W71en fronting on streets not designated as pedestrian-oriented, parking lots should be located on the interior portions of blocks and screened from the surrounding roadways by buildings, landscaping and/or gateway features as dictated by location. The project meets this guideline. Design of Surface Parking Minimum Standards for Districts 'A' and 'C' Parking lot lighting shall not spill onto adjacent or abutting properties (see illustration, subsection F5b ofthis Section). The project meets this standard. Parking lot lighting ",ill not spill onto adjacent properties. AU surface parking lots shall be landscaped to reduce their visual impact (see RMC 4-4-080 F7, Landscape Requirements). The project meets this standard. All surface parking lots will be properly screened to reduce their visual impact. Guidelines Applicable to AU Districts Access to parking modules should be provided by public or private local streets with sidewalks on both sides where possible, rather than internal drive aisles. Internal roads and access points from the pedestrian street have been provided with sidewalks on both sides. Additional guidelines addressing landscaping requirements will be addressed as part of Site Plan Review. Structured Parking Garages Minimum Standards for Districts 'A' and 'C' Parking structures fronting non-pedestrian-oriented streets and not featuring a pedestrian-oriented fafade shall be set back at least six feet (6') from the sidewalk and feature substantial landscaping, including a combination of evergreen and deciduous trees, shrubs, and ground cover. This setback shall be increased to ten feet (10') adjacent to high visibility streets. The project meets this standard. For the proposed residential over retail alternative, the parking garage levels under the residential portion shall be appropriately screened from the street. Other standards and guidelines regarding structured parking will be addressed in Site Plan Review and will be consistent with Code requirements. Vehicular Access Minimum Standards for District 'C' Surface parking driveways are prohibited on pedestrian-oriented streets. The project meets this standard. No pedestrian-oriented streets are used as parking driveways. 12 Sub-District 1B: Master Site Application Parking lot entrances, driveways, and other vehicular access points on high visibility streets shall be restricted to one entrance and exit lane per five hundred (500) linear feet as measured horizontally along the street. The project meets this standard. PEDESTRIAN ENVIRONMENT Pathways through Parking Lots Minimum Standards for District 'C' Clearly delineated pedestrian pathways and/or private streets shall be provided throughout parking areas. The project meets this standard. Clearly delineated pedestrian paths and private streets will be provided throughout the parking areas. Within parking areas, pedestrian pathways shall be provided perpendicular to the applicable building facade, at a maximum distance of one hundred and fifty feet (150,) apart (see illustration, subsection G4a of this Section). The project meets the intent of this standard (see, also, request for modification described in Project Narrative, above). Pedestrian pathways have been provided throughout the site where they are the most natural and effective in allowing pedestrians to easily make their way from one feature of the project to another. Although spacing between pathways sometimes exceeds 150,' to require them to be spaced less than 150' apart at every point would cause misalignments and interfere with the natural pedestrian flow to and from buildings. Precise location of pedestrian pathways will be addressed at the time of Site Plan Review. Pedestrian Circulation Minimum Standards for Districts 'A' and 'C' Developments shall include an integrated pedestrian circulation system that connects buildings, open space, and parking areas with the adjacent street sidewalk system and adjacent properties (see illustration, subsection G4b of this Section). The project meets this standard. Raised and visually differentiated pedestrian paths will interlace the site, connecting major elements and districts, minimizing the reliance on automobiles and alleviating congestion. Sidewalks located between buildings and streets shall be raised above the level of vehicular travel. The project meets this standard. See prior comment. Pedestrian pathways within parking lots or parking modules shall be differentiated by material or texture from adjacent paving materials (see illustration, subsection G4c of this Section). This topic will be addressed in Site Plan Review. 13 Sub-District lB: Master Site Application Sidewalks and pathways along the facades of buildings shall be of suilicient width to accommodate anticipated numbers of users. Specifically: Sidewalks and pathways along the facades of mixed use and retail buildings one hundred (100) or more feet in width (measured along the facade) shall provide sidewalks at least twelve feet (12') in width. The walkway shall include an eight foot (8,) minimum unobstructed walking surface and street trees (see illustration, subsection G4d of this Section). The project meets this standard. Sidewalk widths will vary but will be at least 12' in width, both accommodating the amount of foot traffic and creating pedestrian friendly uses including outdoor seating and dining, entry canopies, signage, and building mounted weather protection to provide multiple amenities. For all other interior pathways, the proposed walkway shall be of suDicient width to accommodate the anticipated number of users. A ten to twelve foot (10' -12') pathway, for example, can accommodate groups of persons walking four (4) abreast, or two (2) couples passing one another. An eight foot (8,) pathway wiD accommodate three (3) individuals walking abreast, whereas a smaller five to six foot (5' -6') pathway will accommodate two (2) individuals. The project meets this standard Interior pathways have been appropriately sized All pedestrian walkways shall provide an all-weather walking surface unless the applicant can demonstrate that the proposed surface is appropriate for the anticipated number of users and complementary to the design of the development. The project meets this standard. Pedestrian walkways are all-weather. More detailed, project level regulations applicable to the pedestrian environment will he addressed as part of Site Plan Review. LANDSCAPING/RECREATION AREAS/COMMON OPEN SPACE; BUILDING ARCHITECTURAL DESIGN; SIGN AGE; LIGHTING: These detailed, project level regulations will be addressed as part of Site Plan Review. 14 SITE PLAN • u z o ~ o w ~ Z 0: w • Co III ::;: :; Z « 0 ~ II :::; tl. ~ W f- iii a:: w f-en ~ al ~ SUMMARY' RETAL AREA· LOT 5A ANCHOR ,2!1.4 k .A.NOR ANCHORS 40.21( RETAIL SHOPS 21.7 k lOTAlOOFT UIlUk lOTAl"""""'" "''' RATIO (7811 ~11aa.l k) •. 01'1,000 WM. AREA ·1.21 II JUNIOR ANCHORS ... Ok oa .... _ 27.8k TOTAJ..9QFT '02' lOTAl_ "''' RAm (2t115~leuk) 4.0/1.000 RnAI...JItEAIDI:NnAL AREA. LOT 58 MINI ANCHORS 12k RETAlL8HOPS 117.0k TOTAL SOFT 8!1l1k TOTALFYUtKHG 278 pa RATIO (278 1M 169 .9 k) ".01'1,000 1I!!i2~I~!I: B~MAlNDER BUILDING 1()"20 207 ." _ BUILDING 1()..18 210.8 k TOTAJ..9QFT .. ,. k """""' (SUAFAC<) "''' PAAKINQ (STRUCTURE) 1 ,.5~ TOTAl_ 2''' .. RATIO (2tI07 pa/.18 k) &.211 ,000 O\IER.W. IQFT ?S1.41!: OYEJW.L_ 1,t:35P1 SUB-DISTRICT 1 B MASTER SITE APPLICATION Projed" 2OG211 ,0 1 .Mof 11th, 2007 VlEW ~ VIE::tI I e CALLISON o~py~ V!J~] ~ .. i ~~~ . ~ ir}@~~~ ~ \Io1,A""'" ,." ,! ij QJqJ]JI' '--.~ .:-: ~ (,. llj!°, -,-, , (II I I I '""" -- ( • NEW RETA IL ANCHORS • NEW RETA IL SHOPS • NEW RESIDENTIAL • NEW STRUCTURED PARKING NEW PAVING AND LANDSCAPING • EXISTING OFFICE BUILDINGS • EXISTING PARKING/SUPPORT BU ILDINGS EX IS TING PA VING N 0' 50' 100' 'lfXI 4(J(l C) Site Plan -Retail Option II SUMMARY: RETAL AAEA· LOT SA ANCHOR 121J.4k J ..... IOR NK:HORS 40.21( RETAIl SHOf>S 28.7 II. TOTAL9CFT TOTAL~ RATIO {78!1 111 /1 88.3 kl RETAL AREA· LOT 7B J ..... IOR NICHORS RETAIL 8HOf>S TOTALSCIFT TOTAL """"'" RATIO (2ISCI jill ee.2 kl 1111Uk "''' 4.011 ,000 38.8k 27 .8k .. 2k "''' 4.0'1 ,000 RETAlLJREalDENTW. AREA· LOT 58 FIVE FlOORS RESIDENTW. 3eO unb RETAIL ,.k SURFACE PARKING STRUC~O PAAlONG TOTAL PNlKING BOE~G REMAINDER 8UIU)ING 1()'20 BUllDlNO 1().18 TOTALSQFT PARICNl (SURFACE) ........., (SlOUClURE) TOTAL """"'" RATIO (2fI07 111/4 1' k) "" "" 717 III 201 .4 k 210 .8k 41' k "''' " .... 2007 .. 8.2/1,000 VIE:cf ENLARGED VIE~ I SUB-DISTRICT 1 B MASTER SITE APPLICATION PrOJecU 205211 .01 J\koj Bth, 2007 o~~y~ Vu~ ~ [TJ " .:; , ' , ' .. (it CALLISON ~ r.. (1.,0,,'1'" 'CliO 0 00 ,-' IJ .,..,., ~ ...... , f -,- ~ .. - fir II II 1\ I (~~~~ • NEW RETAIL ANC HORS • NEW RETAIL SHOPS • NEW RESIDENTIAL • NEW STRUCTURED PARKING ! NEW PAVING AND LANDSCAPING • EXIST I NG OFF ICE BUILDINGS • EXISTING PARKING /S U PPORT BUILDINGS EXIST ING PAVING N 0' fI1 100 2{(1' .00' Q) Site Plan -Residential Option II :: ? _ .c<$ ------ SUB-DISTRICT 1 B MASTER SITE APPLICATION Pro/ed' 208211 .01 Jdy 6th, 2007 <it CALL.ISON NEW RETAIL ANCHORS • NEW RETAIL SHOPS • NEW RESIDENTIAL • NEW STRUCTURED PARK ING • NEW PAV ING AND LANDSCAP ING EXISTIN G OFFICE BUILDINGS • EXISTING PARKING/SUPPORT BUILDINGS • EXISTING PAVING VIEWB 3D Model -Retail Option II SUB-DISTRICT 1 B MASTER SITE APPLICATION Pr\::If.ct.206211 .01 J1Ay 611'1. 2007 V IE WC e C ALLISON NEW RETAIL ANCHORS • NEW RETAIL SHOPS • NEW R ES IDENTIAL • NEW STRUCTURED PARK ING • NEW PAV IN G AND LANDSCAP ING EX IS T ING OFFICE BU I LD INGS • EXISTING PARKING/SUPPORT BU I LDINGS • EXISTING PAVING V IEW 0 3D Model -Residential Option .. SUB-DISTRICT 1 B MASTER SITE APPLICATION PrcfId' 2OIS211 .01 My."2001 ••••••••••••• e C .... L LlS ON NEW RETAIL ANCHORS • NEW RETAIL SHOPS • NEW RESIDENTIAL • NEW STR UCTURED PARKING • NEW PAVING AND LAN DSCAPING EXISTING OFFICE BU I LD INGS • EXISTING PARKIN G/S UPPORT BUILDINGS • EXISTING PAVING 3D Model -Re sidential Option II :i<' I I ~ , '. ;-', "-~" "'I '.}-~' " ":, ,< ":.,'---'. i. ,. . :4L ANAL V .. lafWlrlRenton, May "" "' ,~, ,,'-72f111 " ... .-um ~~~. , . . '., .:,,> , " I BOEING RENTON SUB-DISTRICT 1 B ENVIRONMENTAL CONSISTENCY ANALYSIS PREPARED BY BLUMEN CONSULTING GROUP, INC. FOR THE CITY OF RENTON In Compliance With The Stale Environmental Policy Act of 1971 (RCW 43.21C) and City of Renton SEPA Policies and Procedures \ . ..1 BOEING RENTON SUB-DISTRICT 1B ENVIRONMENTAL CONSISTENCY ANALYSIS TABLE OF CONTENTS ... TABLE OF CONTENTS .............................. " .... " ................. _ ..................... " ......... _. _, ....... i l I EXECUTIVE SUMMARy ..................... ,., ... , .............................. , ................ , ... , ...... , .. , ... E-1 CHAPTER 1 DESCRIPTION OF EIS ALTERNATIVES AND SUB-DISTRICT 1 B CONCEPTUAL PLAN Introduction ............................ , .... , .. , .. , ....................... , ................... , .................... 1-1 Site Area & Range of Alternatives in 2003 EIS ..... , ........... , ................. , .............. 1-2 Current Sub-District 18 Conceptual Plan ............. , ... , ................................ , ........ 1-7 Current Sub-District 1A Master Plan" ......... " .. , ........................... , .................... ,.1-7 Current Sub-Districts 1A & 18 Cumulative Redevelopment Plans ........ , ......... 1-11 CHAPTER 2 ENVIRONMENTAL CONSISTENCY ANALYSIS Introduction .. , .. , .................. , ... , ... ',., ... , .. , ..... " ....... ' .. ,. , ................... , ... , .. , .............. 2-1 Comparison of EIS Alternatives & Current Sub-District 1A Master Plan & 18 Conceptual Plan ................ ', ... ,."., .. ", .......... , ................... , .... , ............ , ............... 2-1 Stormwater Drainage ...... """"""", ... " ........... , .. , ....................... , ...... , .. , .............. 2-2 Transportation ................... , ... , .... ,', ... ,., .................. , ........ , ................................... 2-4 Land Use Pattems ... , .......... " ....... ".,', ................ , .. , .... , ............................ , .......... 2-6 Relationship to Plans & Policies ."."., ... , ........... , .. , .. , ........................................ 2-10 Summary Matrix ....... , ... ,., .. , ...... ,"',.,., ..... , ........... , ......................... , ................... 2-17 Conclusion ........................... , .. " ... , .. " ........................................................... , ... 2-17 SUMMARY MATRiX .... , ..... ,.,.,." .... , .. ,., ...................................................... , ...... S-1 LIST OF FIGURES Figure Page 1-1 Vicinity Map ............ " .. , ...... " .................... , .................... , ............. , ...... 1-3 1-2 EIS Site Area Map " .. , .. ,." .. , .................... , ............. , ......... , .... , ............. 1-4 1-3 Sub-District 1 8 Conceptual Plan ........................ " ........ , .................... 1-8 1-4 Sub-District 1A Master Plan, ......... , ....... , .. , ........... , ........................... 1-10 Boeing Renton SutrDlstrict 1B Environmental Consistency Analysis I Table of Contents May, 2006 LIST OF TABLES Table 1-1 Redevelopment that the 2003 EIS Assumes for Sub-Districts 1A & 18 -2015 .................................................................................. 1-6 1-2 Redevelopment that the 2003 EIS Assumes for Sub-Districts 1A & 18 -2030 .................................................................................. 1-6 1-3 Sub-District 18 Potential Redevelopment Capacities -2015 & 2030 .................................................................. 1-9 1-4 Sub-District 1A Potential Redevelopment Capacities -2015 & 2030 ................................................................ 1-11 2-1 Comparison of EIS Altematives & Current Sub-District 1A & 18 Redevelopment Plans -2015 & 2030 ............................................... 2-1 APPENDICES Appendix A -Surface/Stormwater Consistency Analysis for Sub·District 1 B Appendix B -Transportation Consistency Analysis for Sub·District 1 B Boeing Renton Sub-District 1B Environmental Consistency Analysis Ii Table of Contents May,2006 I L f . r I EXECUTIVE SUMMARY The City of Renton issued the Boeing Renton Comprehensive Plan Amendment Final Environmental Impact Statement ("2003 FEIS") in October 2003. The 2003 EIS evaluates potential environmental impacts associated with redeveloping the 290-acre Boeing Renton Plant site with a mix of residential and commercial uses. In 2004, Boeing conveyed to Harvest Partners that portion of the Boeing Renton Plant site known as Sub-district lA. Boeing continues to hold title to Sub-district 1 B, which is that portion of the site immediately south of Sub-district 1A. Harvest Partners and Boeing are now proceeding with plans for future redevelopment of Sub-districts 1A and 1 B. In November 2005, the Renton City Council approved a Conceptual Plan for Sub-district 1B. Boeing now seeks a Planned Action designation for the approved Sub-district 1 B Conceptual Plan, pursuant to an ordinance that would be adopted by the City (per the State Environmental Policy Act rules, WAC 197-11-164 and RCW 43-21C.031). Under SEPA, a "Planned Action" designation indicates that the significant environmental impacts of a project have been adequately addressed in an EIS prepared at the plan level (in this case the EIS completed at the Comprehensive Plan amendment and zoning stage), and that the project is consistent with the City's Comprehensive Plan. The following report contains the Environmental ConSistency Analysis for Sub-district 1 B, prepared at the City's request to determine whether the Conceptual Plan for this sub-district is eligible for Planned Action designation. In addition, this report addresses the cumulative conSistency of the combined Sub-district 1 B Conceptual Plan and a proposed Master Plan for Sub-district lA. A separate Environmental Consistency Analysis has been prepared for the proposed Sub-district lA Master Plan and is on file at the City of Renton. Goal of this Analysis. The goal of the Sub-district 1 B Environmental Consistency Analysis is to determine whether the environmental impacts of the redevelopment currently proposed for Sub-district lB, and the cumulative impacts of the redevelopment plans for Sub-districts lA and 1 B, are within the range of development alternatives and associated environmental impacts analyzed in the 2003 EIS. If determined to be within this range, the Sub-district 1B project is eligible for a Planned Action designation. Development Levels and Types. The Sub-district 1 B Consistency Analysis compares the levels and types of development called for in the proposed Conceptual Plan for Sub-district 1 B (and for Sub-districts 1A and lB cumulatively) to the levels and types of development assumed in the 2003 EIS. The analysis herein determines that the maximum potential development level proposed for Sub-district 1 B is within the maximum development level assumed in the 2003 EIS for this sub-district (2,258,000 square feet of mixed uses versus 2,570,000 square feet of mixed uses, respectively). In addition, the maximum potential cumulative development level proposed ,"' for Sub-districts 1A and 1 B is also within the maximum cumUlative development level assumed in the EIS for these sub-districts (3,780,500 square feet versus 5,270,000 square feet, respectively). The Sub-district 1 B Consistency Analysis also concludes that the types of uses that are proposed for Sub-district 1 B (retail, office, lab, and multifamily reSidential) and for Sub-districts Boeing Renton Sub-dlstrict 1B Environmental Consistency Analysis May, 2006 E-1 1A and 1 B cumulatively (retail, commercial, office, lab and multifamily residential) are consistent with the range of uses assumed in the EIS for these sub-districts. Potential Impacts. The Sub-district 1B Consistency Analysis then compares the potential environmental impacts from the redevelopment proposed for Sub-district 1 B, and for Sub- districts 1 A and 1 B cumulatively, to the potential impacts that would result from implementation of the EIS alternatives, as identified in the 2003 EIS. The following elements of the environment are addressed in the 2003 EIS and are evaluated herein: Earth; Water Resources; Fish and Wildlife Habitat; Hazardous Materials; Land Use Patterns; Relationship to Plans and Policies; Population, Employment and Housing; Parks and Recreation; Aesthetics/Light and Glare; Transportation; Noise; Public Services; Utilities; and Air Quality. Detailed analyses are provided in this report for the Transportation, Land Use and Water elements. The Sub-district 1 B ConSistency Analysis determines that the potential impacts from redevelopment under the proposed Conceptual Plan for Sub-district 1 B, and for Sub-districts 1A and 1 B cumulatively, are within the range of potential impacts adequately addressed in the 2003 EIS. Conclusion. The proposed plan for Sui:H:listrict 1B is eligible for a Planned Action designation I (per RCW 43.21C.031 and WAC 197-11-164,168 and 315). Boeing Renton Sub-dlstrlct 1B Environmental Consistency Analysis May, 2006 E-2 ~" .,-~ " ' "-.-.' " ~ •.. .,'~ : , . , , '!:. ,,' , t· ~i-' I r,,, ;':( r ",' I I .. '," i ., " ~~ i i 1::;,,' l , '.-,-;,.-. , i I f , j ~ .. , I ~,'i; i ! :; I " ! ·z. " . I ·":k4. I I " • , ~ '-,! . *;;: I I ~/ I ~-. , ',y- >;.:1;, I" ~. ~\1 ;:" I !, I ,10.' ',< ~, .. -~. " .-j;. Introduction CHAPTER 1 DESCRIPTION OF EIS ALTERNATIVES & SUB·DISTRICT 1 B CONCEPTUAL PLAN The City of Renton issued the Boeing Renton Comprehensive Plan Amendment Final Environmental Impact Statement ("2003 EIS") in October 2003. The 2003 EIS evaluates potential environmental impacts associated with redeveloping Boeing's Renton Plant site with a mix of residential and commercial uses. In 2004, Boeing conveyed to Harvest Partners that portion of the Boeing Renton Plant site known as Sub-district lA. Boeing continues to hold title to Sub-district 1 B, which is that portion of the Boeing Renton Plant site immediately south of Sub-district lA. Harvest Partners and Boeing are now proceeding with plans for future redevelopment of Sub-districts lA and 1 B. As discussed in greater detail below, Sub-district lA is subject to a Planned Action ordinance designation adopted by the City via Ordinance No. 5107 in November 2004. Harvest is currently seeking Master Plan approval for redevelopment of Sub-district lA and a determination by the City that its proposed Master Plan is consistent with the previously granted Sub-district lA Planned Action designation. Sub-district 1 B is not encompassed by the previous Sub-district 1A Planned Action ordinance. Boeing received approval of a Conceptual Plan for Sub-district lB redevelopment in November 2005. Boeing now seeks a Planned Action designation for Sub-district 1 B, pursuant to an ordinance that would be adopted by the City. Overview of SEPA Planned Action Designation Per the State Environmental Policy Act (SEPA), a "Planned Action" is a designation for a project that shifts environmental review from the time a permit application is made to an earlier phase in the planning process. The intent of the designation is to provide a more streamlined environmental process at the project stage by using an existing environmental impact statement prepared at the planning stage for SEPA compliance, as allowed by RCW 43.21C.031 and WAC 197-11-164, 168 and 315. Request for Planned Action Consistency Determination for Sub-district 1A In November 2004, the Renton City Council passed ordinance No. 5107, which designated Sub- district lA as a Planned Action site and designated "[u)ses and activities. described in the EIS, subject to the thresholds described in Alternatives 1, 2, 3, and 4 analyzed in the EIS, and subject to the mitigation measures described in Exhibit A [to the ordinance)" as Planned Actions. The Sub-district lA ordinance allows streamlining of the permitting process by using the 2003 EIS as the environmental documentation for future projects that fit within certain thresholds. The City determines whether an individual project frts within those thresholds and is consistent with the previous Planned Action designation. Boeing Renton Sub-district 1B Environmental Consistency Analysis May, 2006 1-1 Accordingly, Harvest has submitted a Master Plan application for Sub-district 1A to the City and the City has prepared the Boeing Renton SUb-District 1A Environmental Consistency Analysis, which compares the proposed 1A Master Plan to the range of alternatives and potential for significant environmental impacts analyzed in the 2003 EIS. Request for Planned Action Status for Sub-district 1 B In November 2005, the Renton City Council approved a Conceptual Plan for Sub-district 1 B. Boeing has requested that the City enact an ordinance designating those uses and activities described in the Sub-district 1 B Conceptual Plan as Planned Actions, based on the range of development alternatives and associated impacts for Sub-district 1B analyzed in the 2003 EIS. This Sub-district 1 B Planned Action Environmental Consistency Analysis addresses the potential for significant impacts associated with the Sub-district 1 B Conceptual Plan in comparison to the range of environmental impacts of Sub-district 1B redevelopment disclosed in the 2003 EIS. The Sub-district 1 B Analysis also includes an analysis of the cumulative impacts of the Sub-district 1A Master Plan and the Sub-district 1 B Conceptual Plan. The cumulative impacts analysis addresses whether the combined impacts of Sub-districts 1A and 1B redevelopment are within the range of development alternatives and associated impacts analyzed in the 2003 EIS. These analyses highlight any differences in potential Significant impacts to the environment under the current proposals, and indicate whether these impacts were adequately addressed in the 2003 EIS, per WAC 197-11-172. Site Area & Range of Alternatives in 2003 EIS The 2003 Boeing Renton Comprehensive Plan Amendment EIS evaluates a site area that includes approximately 275 acres of Boeing property and approximately 15 acres of contiguous property owned by others. The site area is situated adjacent to the south shore of Lake Washington, between Renton Municipal Airport and the Gene Coulon Memorial Beach Park, and includes the existing Boeing Renton Plant (see Figures 1-1 and 1-2). Sub-districts 1A and 1 B are portions of this overall site area. Sub-district 1A is generally equivalent to Subareas A and B in the 2003 EIS, and Sub-district 1B is generally equivalent to Subarea C in the 2003 EIS. One part of Subarea A, the Puget Sound Energy (PSE) property in the northern portion of the subarea, is not part of the area currently proposed for redevelopment, and is not considered part of Sub-district 1A herein. Four redevelopment scenarios are analyzed in the 2003 EIS (Alternatives 1 through 4). These scenarios encompass a broad range of land uses that the site could potentially accommodate in the future, given existing and proposed Comprehensive Plan and zoning policies and designations (note: an Urban Center -North (UC-N) Comprehensive Plan designation and zoning classification were adopted for the site area in November 2003). The Alternatives that the 2003 EIS analyzes include: • Alternative 1: No Action/Existing Zoning (2015 Buildout). Alternative 1 is a partial redevelopment scenario under existing zoning at that time (Industrial -Heavy [IH] and Commercial Office [CO]) and is assumed to be built out by the year 2015. Some Boeing operations are assumed to continue within the site area, generally west of Logan Avenue N. Boeing Renton Sub-dlstrfct 1B EnVironmental Consistency Analysis May, 2006 1-2 I '·~BLUMEN ':lCONSULTING 5:GROUP, INC Boei ng Renton Sub-District 1 B Consistenc y Analysis Figure 1-1 Vicinity Map '''·BLUMEN '!lCONSUlTING ~GROUP, INC G BOE ING I I 1 1 / SultJ-distrl'l 1 A (EIS Subareas B) 1-______ ~::!!p~~~_" JJ: N 8TH I ~ '" 1 g ,. 1 ~ 1 Z Sub-district 1 (EIS Subarea 1 I - -I=!!F!!~FIIP'-'1l'-- Boeing Renton Sub-District 1 B Consistency Analysis Not a Part So urce; HE"olrtland I lC. ?003 Figure 1-2 EIS Site Area Map • Alternat ive 2: Part ial Re deve lopme nt (2015 Buil do ut). A lternative 2 is a partial redevelopment scenario un der t he pro posed UC-N Comprehen sive Plan designation and is assumed to be built out by the year 2015 . Again , some Boeing operations are assumed to continue within the si te area . The part ial redeve lopment to higher intensity land uses would include new m ixed-use retail , office and residential uses . • Alternative 3: Full Redevelo pme nt , Lo w to Mid-Rise (2030 Buildout). Alternative 3 is a full mixed use redevelopment sc e na ri o under the proposed UC-N Comprehensive Plan designation at a low to mid -rise level , and is assumed to be built out by the year 2030 . Some continued Boeing operat io ns are assumed to cont inue within the site area at year 2015 ; however, no continue d op er ati on s are assumed for year 2030 . A portion of the overall build out is assumed to occur by 2015 . Alternat ive 4: Full Redevelo pment. Mid to High-Rise (2030 Buildout). Alternative 4 is a full mi xed use redevelopment scenario under the proposed UC-N Comprehensive Plan designation at a mid to high-ri se le vel, and is assumed to be built out by the year 2030 . As with Alternative 3 , no con tinued Boei ng operations are assumed for year 2030 . A portion of the overall build out is assume d to occur by 2015 . Tables 1-1 and 1-2 present the red evelopmen t that the 2003 EIS assumes for the subareas equivalent to Sub-district 1A (EIS Subareas A and B) and Sub -distri ct 1 B (EIS Subarea C) by years 2015 and 2030 , respectively . As shown in Table 1-1 , the redevelopment that the 2003 EIS assumes in Sub-district 1A by yea r 2015 would range fr om appro ximately 680 ,000 to 1,660 ,000 square feet of retail/comm e rcial , li gh t industrial , office , multifamily and lab uses . The 2003 EIS assumes that by year 2015 Sub-district 1 B rede velopment would range from app roximately 880 ,000 to 1,830 ,00 0 square fe et of reta il/commer cial , light industrial , office , multifamily , lab and existing office uses . Thus , the cumulative redevelopment that the EIS assumes in Sub-districts 1A and 1 B by year 201 5 would range from approximately 1,560 ,000 to 3,490 ,000 square feet. As shown in Table 1-2 , the redevelopm e nt th at t he EIS assumes in Sub-district 1A by year 2030 would range from approximately 680 ,000 t o 2,700 ,000 square feet of retail /commercial , light industrial , office , lab and multifamily uses (1,112 multifamily units). The 2003 EIS assumes that by year 2030 Sub-district 1 B rede velopment would range from appro ximately 880 ,000 to 2,570 ,000 square feet of retail/comm ercia l, ligh t industrial , offic e, existing office and multifamily uses (373 multifamily units). Thus , th e cumu lative redevelopment in Sub-districts 1A and 1B that the EIS assumes by year 2030 wo ul d rang e from appro ximately 1,560 ,000 to 5,270 ,000 square feet (including up to 1,485 mul ti f am ily unit s). As noted beneath Tables 1-1 and 1-2, the S ub-d istrict 1B figures include 480 ,000 square feet of existing office uses for Alternatives 1 an d 2, and 660 ,000 square feet of existing office uses for Alternatives 3 and 4 . This difference in existi ng office use area is due to the fact that under Alternatives 1 and 2 the existing buildin gs d ir ectly east of Logan Avenue N. are assumed to be part of Boeing 's consolidated operati o n s, where as under Alternatives 3 and 4 these buildings are assumed to be part of the propos ed redev e lopment (the buildings would remain and would be occupied by new , non-Boeing tena nts). Boeing Renton Sub-district 1B Environmental Consistency Analysis May, 2006 1-5 Table 1-1 REDEVELOPMENT THAT THE 2003 EIS ASSUMES FOR SUB-DISTRICTS 1A & 1B -2015 2003 Sub-district 1A Sub-district 1 B EIS Square FeetlLand Uses Square FeetlLand Uses Ails. Alt. 830.000 SF/ 1.050.000 SF/ 1 Retail/Commercial. Light Light Industrial . Existing Industrial Office ' All 680 .000 SF/ 880 .000 SF/ 2 Retail/Commercial. Office Retail/Commercial . Office. Existing Office 1 All 1.275 .000 SF/ 1,500 ,000 SF/ 3 Retail/Commercial, Office, Office , Lab. Existing Office' Multifamily All. 1,660.000 SF/ 1.830 ,000 SF/ 4 Retail/Commercial, Office, Office , Mult ifam ilY . EXisting Lab Office Source. Boemg Renton ComprehensIve Plan Amendment EIS, 2003. , Includes 480 ,000 SF of existing office uses. 'Includes 660,000 SF of existing office uses . Table 1-2 Sub-dlstricts 1A & 1 B Square FeetlLand Uses 1.880.000 SF/ Retail/Commercial. Light Industrial . Existing Office ' 1.560 .000 SF/ Retail/Commercial. Office . Existing Office' 2,775 ,000 SF/ Retail/Commercial, Office. Lab, Multifamily, Existing Office' 3 ,490,000 SF/ Retail/Commercial , Office, Lab . Multifamily, Existin9 Office' REDEVELOPMENT THAT THE 2003 EIS ASSUMES FOR SUB-DISTRICTS 1A & 1B -2030 2003 Sub-district 1A Sub-dlstrict 1 B EIS Square FeetlLand Uses Square FeetlLand Uses Ails. All. 830,000 SF/ 1,050,000 SF/ 1 Retail /Commercial. Light Light Industrial , Existing Office ' Industrial All 680 ,000 SF/ 880 ,000 SF/ 2 Retail/Commercial, Office Retail/Commercial, Existing Office' All. 2,450,000 SF/ 1,500,000 SF/ 3 Retail/Commercial, Office . Office , Lab, Existing Office' Multifamily (1 ,112 units)' All 2,700 ,000 SF/ 2.570 ,000 SF/ 4 Retail/Commercial, Office , Office. Multifamily . Existing Lab ' Office (1,485 units)' Source. Boemg Renton ComprehensIVe Plan Amendment EIS, 2003. 1 Includes 480,000 SF of existing office uses . Sub-dlstricls 1A & 1B Square FeetlLand Uses 1,880,000 SF/ Retail/Commercial, Light Industrial, Existing Office ' 1,560,000 SF/ Retail/Commercial, Office. Existing Office' 3,950,000 SF/ Retail/Commercial, Office, Lab . Multifamily. Existin~ Office (1.112 units) .' 5,270 ,000 SF/ Retail/Commercial, Office, Lab , Multifamily, Existin~ Office (1,485 units) ., , Includes 660,000 SF of existing office uses. , Does not include redevelopment on the PSE property that the 2003 EIS assumes, because this property is not included in the current Sub-district lA area, and there are currently no plans for redevelopment of this parcel (therefore, the development area shown for Sub-district 1A under Alternatives 3 and 4 does not include 310 ,000 SF of office uses that the EIS assumes; and the development shown for Sub·district 1A under Alternative 4 does not include 620.000 SF of office uses that the EIS assumes). Boeing Renton Sub-district 1B Environmental Consistency Analysis May, 2006 1-6 Current Sub·district 1 B Conceptual Plan Boeing received Conceptual Plan approval from the City for the proposed Sub-district 1 B redevelopment plan in November 2005 . Boe ing now seeks a Planned Action designation for their approved Conceptual Plan , pursuant to an ordinance that would be adopted by the City. Figure 1-3 shows the general lo cations of the assumed future uses for Sub-district 1 B redevelopment (the irregular parcels labeled R -reta il, L -lab , 0 -office , P -parking, and MF - multifamily). It also shows the existing office buildings that are proposed to remain (the rectangular shapes) and the general locat ion of the "Right of First Offer" ("RO FO ") area, the approximately 21-acre area in the northern portio n of Sub-district 1 B . Table 1-3 provides breakdowns of the potential redevelopment capacities for the various areas in Sub-district 1 B by years 2015 and 2030 . For the ROFO area, there is currently only one assumed development option (retail). For Development Parcel 1 ("DP-1 ") through Development Parcel 4 ("DP-4") there are two development options assumed for each area, because the specific timetable for sale of these par ce ls to developers/users, and co nst ruction and occupancy of the parcels by tenants, is not known . As shown in Table 1-3 , it is assumed that by year 2015 redevelopment of DP-1 would feature either approximately 65 ,000 square feet of retail uses or approximately 42B,OOO square feet of multifamily uses (535 multifamily units); DP-2 th rough DP-4 would feature either approximately 450,000 square feet of lab uses or approximately 270,000 square feet of office uses; and the ROFO area would feature approximate ly 270 ,000 square feet of retail uses . Approximately 660,000 square feet of existing office uses are assumed to be present in the Sub-district 1 B area in year 2015. In total, redevelopment of Sub-district 1 B by year 2015 would range from approximately 1,265 ,000 to 1,BOB,OOO square feet of development , including the reuse of the 660 ,000 square feet of existing office space . Redevelopment of the DP-1 and ROFO areas is assumed to be fully built out by year 2015; redevelopment of the DP-2 through DP-4 areas is assumed to be at 50 percent build out in year 2015. By year 2030, redevelopment of DP-1 would feature either approximately 65 ,000 square feet of retail uses or approximately 42B,000 square feet of multifamily uses (535 units); DP-2 through DP-4 would feature either approximately 900 ,000 square feet of lab uses or approximately 540,000 square feet of office uses; and , the ROFO area would feature approximately 270 ,000 square feet of retail uses. Again, approx imate ly 660 ,000 square feet of existing office uses are assumed to remain in Sub-district 1 B in year 2030. In total, redevelopment of Sub-district 1 B by year 2030 would range from approximately 1,535,000 to 2,25B,OOO square feet of development, including the reuse of 660,000 square feet of exis ting office space. All of the redevelopment parcels are assumed to be fully built out by 2030 . Current Sub·District 1A Master Plan Subsequent to issuance of the Boeing Renton Comprehensive Plan Amendment FEIS in 2003 , the City of Renton and Boeing executed a Development Agreement to guide long-term redevelopment of the Renton Plant site (in December 2003). As part of the Development Agreement, a Conceptual Plan for Sub-district 1 A was approved. In October 2004, an amendment to the Conceptual Plan was approved by the City to allow a broader range of future Boeing Renton Sub-district 1 B Environmental Consistency Analysis May, 2006 1·7 ~~------,I L.--I _ NORTH STH STREE T § z w ::> z ~ z .. § ROFO ----------- E XIST D.o"T,A. : rR'") HUB 1 \..:..J 1.-----1 ~~--~--~~~~ ~F~IR I rl:1: I!!> I ' EXISTING II EXISTI NG ~ 1 6 gj GARAGE GARA GE DP-2 1 ~ ~ 11-'1":=:;:::--1 DP-1 : ~==~ <P"J: -D-P~3 -! LlO (MF~: r 1 ~20 1@:(09 ' L~R-.lT ::::::::::::=:::::...1 NO RTH 6TH STME£T nil'lfl LEGEND: R R ETA IL L LAB o OFFICE P PARK ING GAR AGE MF MULTI-FAM IL Y _ _ PE DESTRIAN CONN ECTIONS ROFO RIGHTOF FIRS T OFFER I 10 -16 I r-EXISTING GARAGE ~ ~ NOT P A =~ PART Source: Fuller-Sears Architects i North '· .... BLUMEN '.:1 CONSULTING 5:GROUP, INC Boei ng Renton Sub-District 1 B Consistency Analysis Figure 1-3 Sub-District 1B Conceptual Plan Table 1-3 SUB-DISTRICT 1B POTENTIAL REDEVELOPMENT CAPACITIES -2015 & 2030 Redevelopment Total Areas TOTAL 1,,,,):J,U,JU retail development in the sub-district. In November 2004, the Renton City Council passed ordinance No. 5107, which designated Sub-district 1A as a Planned Action site and designated uses and activities described in the EIS (subject to the thresholds described for the EIS alternatives and mitigation measures described in Exhibit A to the ordinance) as Planned Actions. In March 2006, a second amendment to the Sub-district 1A Conceptual Plan was approved by the City to reaffirm the overall vision for the sub-district, allowing a broad mix of uses. Harvest Partners, the potential developer of the Sub-district 1A property, submitted a specific Master Plan application to the City for Sub-district 1A redevelopment in October 2005. Modifications to the plan were subsequently submitted to the City. Harvest now seeks Master Plan approval from the City and a determination as to whether the current plan is consistent with the previously granted Planned Action designation. Figure 1-4 is the Master Plan currently proposed for Sub-district 1A. Table 1-4 outlines the potential redevelopment capacities for the various parcels in SUb-district 1A by years 2015 and 2030. As shown in Table 1-4, redevelopment of Sub-district 1A would feature: • A minimum of approximately 125,000 square feet and a maximum of approximately 171,500 square feet of retail uses in Quadrant A; • A minimum of approximately 218,000 square feet and a maximum of approximately 336,500 square feet of retail and office uses in Quadrant B; Boeing Renton Sub-district 1B Environmental Consistency Analysis May, 2006 1·9 Quadrant B Source: Callison Architects '·-"'BLUMEN !;]CONSUlTING ~,GROUP, INC Boeing Renton Sub-District 1 B ConSistency Analysis Fairfield , ..... IlXlSTN:1 Quadrant C 1 North Fiigure 1-4 fmPN I[XJSTtI Sub-Dlstrict 1A MasterPlan • A minimum of approximately 181,000 square feet and a maximum of approximately 189,500 square feet of retail uses in Quadrant C; and, • Approximately 810,000 square feet of retail and multifamily uses on the Fairfield property (900 units). Overall, redevelopment of Sub-district 1 A would result in a minimum total of approximately 1,349,000 square feet of mixed use development and a maximum total of approximately 1,522,500 square feet of mixed use development. It is anticipated that buildout of the entire Sub-district lA area would occur by year 2015 (see the Environmental Consistency Analysis for Sub-district lA on file at the City of Renton for additional information on the Master Plan currently proposed for Sub-district 1A). Table 1-4 SUB-DISTRICT 1A POTENTIAL REDEVELOPMENT CAPACITIES -2015 & 2030 Areas Area -Acres Total au"u"'g Source: Partners, 2006. 1 Assumes 100 percent buildout of all redevelopment areas by 2015. Current Sub-District 1A & 18 Cumulative Redevelopment Plans Based on Harvest Partners' current Master Plan and Boeing's current Conceptual Plan, the cumulative redevelopment of Sub-districts lA and 1B would result in approximately 2,614,000 to 3,330,500 square feet of total development by year 2015, and approximately 2,884,000 to 3,780,500 square feet of total development by year 2030. A total of 1,435 multifamily units would be assumed to be included in the cumulative redevelopment of Sub-districts 1A and 1B by 2030. Boeing Renton Sub-district 1 B Environmental Consistency Analysis May, 2006 1-11 a.pter2 ;.! , , . , i . Introduction CHAPTER 2 ENVIRONMENTAL CONSISTENCY ANALYSIS This chapter compares the potential impacts from the redevelopment proposed under the Sub- district 1 B Conceptual Plan (and the redevelopment proposed for Sub-districts 1A and 1 B cumulatively) to the potential impacts from the EIS development altematives identified in the Boeing Renton Plan Comprehensive Amendment EIS (2003) (see Chapter 1 for a description of the redevelopment proposed for Sub-district 1 B and the EIS Alternatives). Stormwater Drainage, Transportation, Land Use Patterns, and Relationship to Plans and Policies are the key environmental elements analyzed in this Consistency Analysis. As such, more expanded analyses of these elements are provided in this chapter. A comparison of potential impacts on other elements of the environment from the redevelopment proposed for Sub-district 1 B (and Sub-districts 1 A and 1 B cumulatively) to impacts from redevelopment under the EIS alternatives is contained in the Summary Matrix at the end of this chapter. Comparison of EIS Alternatives & Current Sub-District 1A Master Plan & 1 B Conceptual Plan Table 2-1 compares the range of development assumed under the 2003 EIS alternatives to the proposed range of development planned for Sub-districts 1A and 1 B in years 2015 and 2030. Table 2-1 COMPARISON OF EIS ALTERNATIVES & CURRENT SUB-DISTRICT 1A & 18 REDEVELOPMENT PLANS -2015 & 2030 Sub-dlstrict -8ulldout EIS Alternatives Current Redevelopment Year Total Development-Plans Square Feet Total Development "- Square Feet Sub-dlstrict 1 A -2015 680,000 -1,660,000 1,349,000 -1,522,500 Sub-distrlct 1A -2030 680,000 -2,700,000 1,349,000 -1,522,500 Sub-district 18 -2015 880,000 -1,830,000 1,265,000-1,808,000 Sub-dlstrict 18 -2030 880,000 -2,570,000 1,535,000 -2,258,000 Sub-dlstricts 1A & 18 -1,560,000 -3,490,000 2,614,000 -3,330,500 2015 Sub-distrlcts 1A & 18 -1,560,000 -5,270,000 2,884,000 -3,780,500 2030 . . Source. Blumen Consulting Group, 2006 . As is evident in Table 2-1, the maximum development level proposed for Sub-district 1B is within the maximum development level assumed for this area in the 2003 EIS (2,258,000 square feet of mixed uses versus 2,570,000 square feet of mixed uses, respectively). The maximum potential cumulative development level proposed for Sub-districts 1A and 1B together Boeing Renton Sub-district 1B Environmental ConSistency Analysis May, 2006 2-1 by the years 2015 and 2030 is within the maximum cumulative development levels assumed in the EIS for these sub-districts as well (3,780,500 square feet versus 5,270,000 square feet, respectively) . The number of multifamily units proposed for Sub-district 1A by year 2030 is slightly lower than the number of multifamily units assumed in the EIS (900 units versus 1,112 units), whereas, the number of multifamily units proposed for Sub-district 1 B by 2030 is slightly higher than the number of multifamily units assumed in the EIS (535 units versus 373 units). However, the total number of multifamily units proposed in Sub-districts 1A and 1 B together by year 2030 is within the range of multifamily units assumed for those two areas together in the EIS (1,435 units versus 1,485 units). The 2003 EIS assumes the following uses for Sub-district 1A in 2015 and 2030: retail/commercial, light industrial, office, multifamily, and lab uses; the EIS assumes the same uses for Sub-district 1B in 2015 and 2030, in addition to the existing office uses. Under the current Master Plan for Sub-district 1A the following uses are proposed: retail, office and multifamily; under the current Conceptual Plan for Sub-district 1 B the following uses are assumed: retail, office, lab, and multifamily. Therefore, the types of uses that are currently proposed for SUb-districts 1A and 1 B are similar to the range of uses assumed in the EIS. As shown by the above, the development currently proposed for Sub-districts 1A and 18, and for these two areas cumulatively, is considered to be within the range of alternatives analyzed in the EIS. Stormwater Drainage The following section is based on the Surface/Stormwater Consistency Analysis for Sub-district 18 prepared by KPFF (see Appendix A to this document), the Water Resources section of the Boeing Renton Plan Comprehensive Amendment Draft EIS (2003) (pages 3.2.1 through 3.2.27), and Appendix 8 to the Draft EIS. Background The analysis methods and calculation assumptions used in Appendix A were identical to those used in the EIS surface and stormwater analysis (see Appendix 8 to the Draft EIS for further explanation). In its existing condition, stormwater runoff from Sub-District 18 (and Sub-district 1A) is collected and conveyed through a stormwater drainage system that discharges through outfalls located on the Cedar River, John's Creek and Lake Washington. These outfalls are identified in the EIS as Outfall #15 (Cedar River), Outfalls #13 and #14 (John's Creek) and Outfall #1 (Lake Washington). Some outfalls serving the site area and the John's Creek Channel are currently over capacity during certain storm events (Le., Outfalls #13 and #14), while some have excess capacity (Le., Outfall #1). As assumed in the EIS, conveyance system components could be designed to divert water away from existing overcapacity outfalls within the EIS study area to the extent possible. Two cases were considered in Appendix A, consistent with the EIS analysis for Sub-district 18 (and for Sub-districts 1A and 18 together): one in which the areas drained by each of the existing outfalls are generally maintained in size and configuration (Case 1); and one in which areas drained by the outfalls are modified to direct stormwater from overcapacity outfalls to outfalls with excess capacity (Case 2). A separate stormwater Boeing Renton Sub-dlstnct 1B Environmental Consistency Analysis Afay,2006 2-2 consistency analysis has been prepared for the Sub-district 1A Master Plan (see the Surface/Stormwater Consistency Analysis for Sub-district 1A on file at the City of Renton). Sub-district 1 B Peak stormwater flows are very closely linked to the amount of impervious surface area. The current Sub-district 18 Conceptual Plan would result in impervious surface coverage between 88 and 93 percent. This impervious surface coverage would be within the range of impervious surface coverage estimated under the EIS alternatives (at 38 to 100 percent), and would be lower than the existing baseline condition (at 100 percent). Total peak flows with redevelopment under the Sub-district 18 Conceptual Plan would be within the range of total peak flows for that area with redevelopment under the EIS alternatives, and lower than the present day, baseline peak stormwater flows. The stormwater consistency analysis conduded that specific conditions and calculated impacts associated with the Sub-district 18 Conceptual Plan would be consistent with the conditions and calculated impacts associated with the range of redevelopment alternatives analyzed in the EIS. Peak runoff flows from the study area to the applicable outfalls would generally be reduced in comparison to the baseline condition, except for Outfall #1. The peak flow at Outfall #1 would increase in comparison to the baseline condition, but would be within the range calculated for the EIS altematives. However, the increase would result in peak flow that is well below the capacity of the outfall; therefore no significant impacts would result. The peak flows at Outfalls #13 and #14 would increase relative to the EIS alternatives, but would be less than the baseline condition. These increases in flows are attributable to the fact that the EIS alternatives include, at a minimum, redevelopment of Subareas A, 8 and C, while the Sub-district 18 Conceptual Plan reflects only redevelopment of Subarea C. Since Outfalls #13 and #14 receive the majority of their flow from Subareas A and 8 (Sub-district 1A), the lower flows at these outfalls (reflected under the EIS alternatives) would not occur until Subareas A and 8 (Sub-district 1A) are redeveloped in the future. The peak flow at Outfall #15 would decrease in comparison to the baseline condition, and would result in flows that would be within the calculated range for the EIS alternatives. Similar to the conclusion of the EIS, there would be no significant impacts to the surface or stormwater environment as a result of the proposed Sub-district 18 Conceptual Plan. Cumulative Redevelopment of Sub-districts 1A & 18 The consistency analysis of cumulative impacts to surface and stormwater conditions with redevelopment of Sub-districts 1A and 18 accounted for the total area to be redeveloped, induding the redevelopment of these areas with buildings and parking, as well as the development and improvement of certain arterials in the area (see Appendix A to this Consistency Analysis for further explanation). The total area of redevelopment under the current plans for Sub-districts 1 A and 18 is approximately 8 percent smaller than the area assumed for redevelopment in the EIS. This difference is primarily due to the difference in the extent of planned roadway development. With redevelopment of Sub-districts 1A and 18, the cumulative impervious surface coverage and peak storm event flows would be within the ranges under the EIS alternatives. Since the current proposals and the EIS alternatives do not contain precisely the same total acreage, peak storm event flows were also calculated on a per acre basis. The peak storm event flows Boeing Renton Sub-alStrict 1B Environmental Consistency Analysis May, 2006 2-3 from each acre to be redeveloped under the current plans for Sub-districts 1A and 1 B would also be within the range of peak stormwater flows calculated for the EIS alternatives. Appendix A determined that there would be a significant reduction in storrnwater runoff frorn the arterials that would serve Sub-districts 1A and 1 B, in comparison to the runoff from the arterials assumed to serve the EIS alternatives. This is due to the fact that the arterials that would Sub-districts 1 A and 1 B would cover a smaller area than assumed in the EIS (i.e. smaller road sections), and the impervious surface area represented by the arterials would be reduced accordingly. Appendix A concluded that cumulative stormwater conditions and calculated impacts associated with the proposed redevelopment of Sub-districts 1 A and 1 B, and the arterial improvements planned by the City of Renton, would be consistent with the storrnwater conditions and calculated impacts associated with the range of EIS alternatives. Peak runoff flows from Sub-districts 1A and 1 B and the arterials would generally be reduced in comparison to the existing baseline condition, and would be within the range of peak runoff flows calculated for the EIS alternatives for these areas. Except for Outfall #1, the outfalls affected by the proposed redevelopment of Sub-districts 1A and 1 B and the arterials would receive reduced peak flows in comparison to the existing baseline condition, and the peak flows received at the outfalls from the affected area would be within or below the range of peak flows calculated for the EIS alternatives for this area. The peak flow at Outfall #1 would be increased in comparison to the baseline condition; however, the increase would be within the range calculated for the EIS alternatives and would result in peak flow well below the capacity of the outfall. Consistent with the conclusion in the EIS, no significant impacts to surface or storrnwater conditions would be expected to occur as a result of the proposed redeveloprnent of Sub-districts 1A and 1 B and the arterials. Transportation The following section is based on the Transportation Consistency Analysis for Sub-district 1B prepared by Transportation Engineering NW (see Appendix B to this document), the Transportation section of the Boeing Renton Comprehensive Plan Amendment Draft EIS (2003) (pages 3.10.1 through 3.10.36), and Appendix E to the 2003 Draft EIS. Background Trip generation methodologies and assumptions used in the 2003 EIS were used to estimate a.m. peak and p.m. peak hour vehicle trips that would be generated by redevelopment currently proposed for SUb-district 18. For traffic purposes, SUb-district 1 B was assumed to comprise approximately 1,478,000 square-feet of new development at build-out. While the potential range of uses assumed for Sub-district 1 B could result in a higher total square footage of development than evaluated in the transportation consistency analysis, the analysis provided a worst-case trip generation scenario by assuming land uses and levels of development on individual development parcels that would generate the highest number of trips (see Appendix B for further explanation). Additionally, trip generation comparisons for the transportation consistency analysis did not consider additional mode split adjustments made in the trip generation estimates evaluated in the EIS, and, therefore, should be considered conservative. A separate transportation consistency analysis has been prepared for the proposed Master Plan for Sub-district 1A (see the Boeing Renton Sub-district 1A Environmental Consistency Analysis on file at the City of Renton). Boeing Renton Sub-district 1B Environmental Consistency Analysis May, 2006 2-4 Sub-district 1 B Total off-site vehicle trip generation of the redevelopment proposed for Sub-district 1 B would be substantially less than that estimated for this portion of the Boeing Renton Plant site under EIS Alternative 4 (the EIS alternative with the highest vehicle trip generation). In 2015, estimated vehicle trip generation from Sub-district 1 B would total approximately 648 fewer trips than identified under EIS Alternative 4 during the a.m. peak hour, and approximately 272 fewer trips in the p.m. peak hour. In 2030, estimated vehicle trip generation from Sub-district 1 B would total approximately 1,129 fewer trips than identified under EIS Alternative 4 during the a.m. peak hour, and approximately 799 fewer trips in the p.m. peak hour. The lower overall trip generation for this portion of the Boeing Renton Plant site would result in improved intersection levels of service as compared to those reported in the EIS. There would be no differences in probable significant traffic impacts or mitigation needs from redevelopment proposed under Sub-district 1 B, beyond those disclosed in the EIS; redevelopment of approximately 1,478,000 square feet of new mixed use development in Sub-district 1 B, as proposed under the Conceptual Plan, would be within the range of development alternatives and associated impacts presented in the EIS. Cumulative Redevelopment of SUb-districts 1A & 1B Total cumulative off-site vehicle trip generation with redevelopment of Sub-districts 1A and 1B would be substantially less than that estimated for these portions of the Boeing Renton Plant site under EIS Alternative 4. In 2015, estimated vehicle trip generation from Sub-districts 1A and 1 B would total approximately 1,897 fewer trips than identified under EIS Alternative 4 during the a.m. peak hour, and approximately 720 fewer trips in the p.m. peak hour. In 2030, estimated vehicle trip generation from Sub-districts 1A and 1B would total apprOXimately 3,935 fewer trips than identified under Alternative 4 in the EIS during the a.m. peak hour, and approximately 2,692 fewer trips in the p.m. peak hour. The lower overall trip generation for these portions of the Boeing Renton Plant site would result in improved intersection levels of service as compared to those reported in the EIS. There would be no probable significant traffic impacts or mitigation needs from redevelopment of Sub- districts 1A and 1 B, beyond those disclosed in the EIS for Alternative 4; cumulative redevelopment in Sub-districts 1A and 1 B would be within the range of EIS alternatives and associated impacts addressed in the EIS. Consistency with Infrastructure Needs Identified in the EIS In addition to the trip generation analysis, key transportation planning assumptions and infrastructure needs outlined in the EIS were reviewed to identify whether any significant changes have occurred since the Final EIS was issued in October 2003. Subsequent to issuance of the EIS and adoption of the Comprehensive Plan amendments, the Boeing Company and the City of Renton entered into a Development Agreement in December 2003. Based on this agreement, the City is completing design engineering and will be constructing improvements to the local roadway system that will serve the Sub-district 1A and 1 B redevelopment area and provide a basic through-street grid system within the sub-districts. This includes improvements to Logan Avenue, Park Avenue, North 8th Street and North 10th Street to be implemented by the City (see Appendix B for more information on the specific Boeing Renton Sub-district 1 B Environmental Consistency Analysis May, 2006 2-5 improvements}, as well as certain on-site access and circulation improvements to be constructed by the applicants. The planned improvements to the local road system will provide capacity at a level that is higher than required to serve only Sub-district 1A and 1 B redevelopment in 2015 or 2030 (higher than assumed necessary for redevelopment of these sub-districts in the EIS). Per the EIS, this through-street system was not required to support redevelopment levels evaluated in the EIS for Sub-districts 1A and 1B by 2015 or 2030; instead, this system was required to support the redevelopment of a portion of the EIS study area west of Logan Avenue N., defined as District 2. Based on the traffic consistency analysis for redevelopment of both Sub-district 1 A and 1 B, all infrastructure needs identified in the EIS would either be mitigated through expected trip generation reductions (as compared to trip generation evaluated in the EIS) or as part of the planned transportation improvements to be implemented by the City of Renton or the applicants. No additional infrastructure improvements would be required to support cumulative redevelopment under SUb-districts 1A and 1 B. Additionally, if redevelopment of Sub-district 1 B is considered as a standalone project, in comparison to the cumulative redevelopment of Sub-districts 1A and 1B, there would be no changes in conclusions regarding transportation impacts or infrastructure needs. See Appendix B for further discussion of the specific intersection, arterial and freeway access infrastructure needs identified in the EIS for the cumulative redevelopment of Sub-districts 1A and 1 B, and the relationship of the current redevelopment plans to these infrastructure needs. Land Use Patterns The following section draws from the Land Use section of the Boeing Renton Plant Comprehensive Plan Amendment Draft EIS (pages 3.5.1 through 3.5.17). Background As described in the 2003 EIS, Sub-districts 1A and 1 B are considered part of the existing Boeing Renton Plant site (defined as Subareas A, Band C in the EIS). The alternative redevelopment scenarios analyzed in the 2003 EIS are evaluated against a "baseline condition" which included certain land use assumptions for the existing site area (see Draft EIS page 3.5.3 and 3.5.6 for details). Since 2003, the baseline land use condition has changed in certain respects. In particular, below are two key land use assumptions from the EIS, followed by an update on the status of the assumptions in bold italic. • Continuation of existing utility operations on the Puget Sound Energy (PSE) property (under EIS Alternatives 1 and 2 only). The PSE property was Included in Subarea A (a part of Sub-district 1A) in the EIS, but Is not included In the current Sub-district 1A Master Plan. Future redevelopment of this property is not anticipated to occur by 2015, and is not considered a part of Sub-district 1A for purposes of this analysis. • Continuation of certain existing office, lab, and commercial uses at the south end of Sub- district 1 B. Boeing Renton Sub-district 18 Environmental Consistency Analysis May, 2006 2-6 Approximately 660,000 square feet of existing office uses are assumed to be present in Sub·district 18 in years 2015 and 2030. Land uses that are currently located adjacent to Sub-district 1 B are generally the same as those described in the 2003 Draft EIS (see Draft EIS page 3.5.6 and 3.5.7). SUb-district 1 B is surrounded by: Sub-district 1A with Boeing-related uses and parking areas to the north; single and multifamily uses in the north Renton neighborhood to the south; industrial uses (PACCAR truck manufacturing) to the east and southeast; and parking lots associated with Boeing industrial and office uses to the west. At the time that the 2003 EIS was prepared, the City of Renton Comprehensive Plan designations for Sub-district 1 B were Employment Area -Industrial and Employment Area - Office, and the zoning classifications were Industrial -Heavy (IH) and Commercial Office (CO). Subsequent to the Final EIS issuance, the City adopted new Comprehensive Plan and zoning deSignations for the Boeing Renton Plant site area. The current Comprehensive Plan designation for Sub-district 1B is Urban Center -North (UC-N). The current zoning classification for Sub-district 1B is Urban Center North 1 (UC-N1). The 2003 EIS analyzes the potential impacts of re-designating and reclassifying the Sub-district 1 B property to its current land use designation and zoning classification. Sub·district 1 B The current Conceptual Plan for Sub-district 1 B assumes a total of approximately 1,265,000 to 1,808,000 square feet of retail, lab, office and multifamily development, including the continuation of 660,000 square feet of existing office uses, by 2015. A total of approximately 1,535,000 to 2,258,000 square feet of the same types of uses are assumed in this area by 2030 (see Chapter 1 of this Consistency Analysis for details). Retail uses are assumed to be located in the north portion of the property; multifamily or retail uses are assumed to be located in the southwest portion of the property; and lab or office uses are assumed to be located in the south and southeast portions of the property (see Figure 1-3). As noted above, redesignation of the Boeing Renton Plant site from EA to UC-N in the Comprehensive Plan and reclassification of the site to the UC-N1 zoning occurred subsequent to issuance of the Final EIS. The 2003 EIS analyzes the impacts of these land use changes, and indicates that the changes would facilitate an eventual transition in the north Renton area from primarily employment based land uses to a broader and more urban mix of employment, retail, residential and open space land uses. The EIS also evaluates the potential land use impacts of four redevelopment scenarios (Alternatives 1 through 4) that encompass a range of land uses that the site could potentially accommodate in the future (see Chapter 1 of this Consistency Analysis for further description of these alternatives). The principle conclusions that are reached in the EIS with respect to potential land use impacts are summarized below, followed by an analysis of how the Sub-district 1 B Conceptual Plan compares to each. • EIS Land Use Conclusion 1: SUb-district 18 would be converted to a mixed use, urban district Implementation of EIS Alternative 2 would result in the conversion of the north portion of Sub-district 1B (defined as Subarea C in the EIS) to low-rise office and retail uses; the consolidation of Boeing operations in the southwest portion of the property; and, the continuation of existing office uses in the southeast portion of the Boeing Renton Sub-district 1B Environmental Consistency Analysis May, 2006 2-7 property. Implementation of EIS Alternatives 3 and 4 would result in the conversion of the entire Sub-district 1 B property to an urban district, characterized by retail shopping, a commercial business district, multifamily residences, and public amenities. Under the Sub-district 1B Conceptual Plan, redevelopment is proposed to include retaiVcommercial, lab, office and multifamily uses. This redevelopment would contribute to the creation of an urban district in the Boeing Renton Plant site area, similar to under EIS Alternatives 3 and 4, and would, therefore, be consistent with the analysis of impacts In the EIS. • EIS Land Use Conclusion 2: The mixed use. urban character proposed for Sub- district 1B would be compatible with surrounding uses. The land uses assumed under the EIS alternatives would largely be compatible with the existing uses surrounding the Sub-district 1 B. EIS Alternatives 2, 3, and 4 would include office, retail and lab uses in the north portion of Sub-district 1 B. These new office, retail and lab uses would be compatible with ongoing Boeing operations, as well as existing commercial and industrial uses to the east, including PACCAR. Under Alternative 4, multifamily uses would be located in the north portion of Sub-district 1 B. These uses could be somewhat less compatible with PACCAR and other industrial uses to the east and southeast. Under the Sub-district 1B Conceptual Plan, future uses are generally proposed to be located in similar areas of the property as was analyzed under the range of alternatives in the EIS (see Figure 1-3 in this ConsiStency Analysis). However, under the cu"ent plan, multifamily uses are not proposed to be located in the east portion of Sub-district 1B (In the ROFO and DP-4 areas). Low-rise retail uses are proposed to be located in the northeast portion of the property (in the ROFO area), and mid-rise lab or office uses are proposed to be located in the southeast portion of the property (in the DP-4 area). These uses would be compatible with the existing retail and industrial uses to the east and southeast of the property. Multifamily uses or low-rise retail uses are proposed to be located in the southwest portion of the Sub-district 1B property (in the DP-1 area) under the Conceptual Plan. Logan Avenue N., which adjoins the Sub-district 1B property to the west, would serve to separate the multifamHy or retail uses from existing surface parking lots in the Boeing Renton Plant to the immediate west of this area. There are no Boeing Renton industriaVmanufacturing buildings adjacent to the west portion of Sub-district 1B. The multifamily or low-rise retail uses In the southwest portion of the site would be compatible with the existing residential uses to the south. Overall, the land uses proposed under the Sub-district 1B Conceptual Plan would be compatible with surrounding uses, consistent with the Impact conclusions drawn in the EIS. Approximately 660,000 square feet of existing office uses would remain in the Sub-district 1B area under the Conceptual Plan. These existing office uses are generally located in the south portion of Sub-district 1B. The proposed new uses under the Sub-district 1B Conceptual Plan (multifamily, lab and office uses) would also be compatible with these existing office uses. • EIS Land Use Conclusion 3: Eventual conversion of Sub-district 1B to a mixed use, urban district would increase the likelihood of similar changes In the surrounding area. consistent with the City's vision for the area. Redesignation of Sub-district 1B to UC-N, and redevelopment to higher intensities across the property, BoeIng Renton SulHllstrlct 18 Environmental Consistency Analysis May,2ooS 2-8 could generate pressure for Comprehensive Plan map and zoning redesignations for surrounding properties located generally between 1-405 and Rainier Avenue (north of N. 4th Street), currently designated for a more limited range of uses. Overall, redesignation of Sub-district 1 B to UC-N reflects the City of Renton's goals for its Urban Center. Over time, the re-designation could facilitate changes in land use patterns that are consistent with the City's vision for where different types of land uses should be concentrated and the ongoing transition of the Boeing Renton Plant site area from an industrial base to one that is more mixed and urban in character. Comprehensive Plan policies, zoning provisions and individual project review by the City would serve as mitigation to preclude potential future impacts. Subsequent to issuance of the Final EIS, the Boeing Renton Plant site and properties between the site and 1-405 (north of the PACCAR property) were redesignated to UC-N in the Comprehensive Plan and reclassified to the UC-N1 zoning classification, consistent with the City's vision for the area within the Urban Center. Further pressure for additional Comprehensive Plan map and zoning re-designations, as a result of Sub-district 1 B redevelopment, is expected to be limited. Consistent with the conclusions drawn in the EIS, Comprehensive Plan policies, zoning prOVisions and individual project review by the City would serve as mitigation to preclude potential future impacts. The EIS concludes that no Significant unavoidable adverse impacts to land use patterns would result from development under the range of alternatives. Redevelopment under the Sub-district 1 B Conceptual Plan would be consistent with this conclusion. Cumulative Redevelopment of Sub-districts 1A & 1B Redevelopment proposed for Sub-districts 1A and lB together would include a wide array of retail/commercial, lab, office and multifamily uses. This cumulative redevelopment would more completely convert Sub-district 1 of the Boeing Renton Plant site to a mixed use, urban district, consistent with the analysis in the EIS and the City's vision for the area. Under the current redevelopment plans for Sub-districts 1A and 1 B, future uses are generally proposed to be located in the same areas of the properties as under the range of alternatives in the EIS (see Figures 1·3 and 1-4 in this ConSistency Analysis). However, as noted above, under the Sub-district 1 B Conceptual Plan, multifamily uses are not proposed to be located in the east portion of the property, but could be located in the southwest portion of the property. Under the current Master Plan for Sub-district lA, multifamily uses would be located in the northeast (Fairfield) portion of that property. Garden Avenue, which adjoins the Sub-district lA property to the east, would separate the multifamily uses from existing parking lots associated with the Fry's Electronic store. Park Avenue N., which adjoins Sub-district lA to the north, would separate the proposed multifamily uses from the eXisting PSE substation. Overall, the land uses assumed under the current redevelopment plans for Sub-districts 1 A and 1 B would be compatible with surrounding uses and existing uses to remain on those properties, consistent with the conclusions drawn in the EIS. Consistent with the conclusions the EIS reaches, Comprehensive Plan poliCies, zoning provisions and individual project review by the City would serve as mitigation to preclude potential future impacts. Boeing Renton Sub-dlstrict 1B Environmental Consistency Analysis May, 2006 2·9 The EIS concludes that no significant unavoidable adverse impacts to land use patterns would result from development under the range of alternatives. Cumulative redevelopment under the current plans for Sub-districts 1A and 1 B would be consistent with this conclusion. Relationship to Plans & Policies The following section draws from the Relationship to Plans and Policies section of the Boeing Renton Comprehensive Plan Amendment Draft EIS (2003) (pages 3.6.1 through 3.6.13). Background The 2003 EIS analyzes the consistency of the proposed land use designation for the Renton Plant site with applicable state and local land use plans, policies and regulations (in place at that time). The EIS summarizes important elements of each applicable plan, policy, and regulation, and provides an analysis of consistency. Highlights of the EIS analysis are presented below, followed by an evaluation of the consistency of the Conceptual Plan proposed for Sub-district 1 B with the analysis in bold italic. Sub-district 1 B State of Washington Plans and Policies The 2003 EIS addresses relevant State of Washington Plans and Policies, including the Growth Management Act (1990) and the Shoreline Management Act (1971). The EIS concludes that the City of Renton had adopted a Comprehensive Plan to guide future development and fulfill the City's responsibilities under GMA. The City had also adopted mitigation (impact) fee standards for fire protection and parks and recreation, consistent with GMA. The EIS determines that the proposed amendments to the City of Renton Comprehensive Plan would encourage future growth in the City's Urban Center (within its UGA), and would be consistent with GMA goals and policies. The Shoreline Management Act is implemented in the City of Renton through the City of Renton Shoreline Master Program (see the discussion of City of Renton plans and policies below). Amendments to the Renton Comprehensive Plan that encourage future higher intensity growth in the City's Urban Center (which includes Sub·district 18) were adopted subsequent to issuance of the Final EIS. The Conceptual Plan proposed for Sub-district 18 would represent an urban, mixed use development In the City's Urban Center, and is consistent with the EIS analysis regarding GMA goals and policies. King County Plans and Policies Relevant King County plans and policies, specifically the King County Countywide Planning Policies (CPP) (1992) are also discussed in the EIS. The EIS indicates that, as mandated under the GMA, the City of Renton's Comprehensive Plan was consistent with the Countywide Planning poliCies. In particular, the Comprehensive Plan included policies to accommodate the CPP hOUSing and employment growth targets city-wide. The City of Renton also had a designated Urban Center, with associated goals and policies, consistent with the CPP (see the discussion of City of Renton plans and policies below). The EIS concludes that the general policies proposed for Renton's Urban Center reiterated the CPP language regarding the vision and "design" of Urban Centers; and, that the proposed zoning would create capacity for Urban Boeing Renton Sub-dlstrlct 1B Environmental Consistency Analysis May. 2008 2-10 Center employment and residential density levels that reflect the CPP household and employment capacity criteria. The cu"ent general policies for Renton's Urban Center North area, and the zoning of the Sub-district 18 site, were adopted subsequent to issuance of the Final EIS. The Conceptual Plan for Sub-district 18 potentially Includes both employment and residential development, and would help the City to meet its employment and household targets, consistent with the EIS analysis regarding the CPP. City of Renton Plans and Policies City of Renton Comprehensive Plan The EIS addresses the following elements of the City of Renton Comprehensive Plan: Land Use, Transportation, Housing, Capital Facilities, Utilities, Downtown and Economic Development and Environmental. • Land Use Element. The EIS states that policies in the Land Use Element encouraged a compact urban city with a revitalized downtown that would function as a regional Urban Center. Office, retail and residential developments were encouraged in the downtown area. New commercial and multifamily development outside the downtown would be accommodated in "centers". The EIS indicates that the proposed amendments to the Land Use Element of the Comprehensive Plan would divide the existing (at that time) Urban Center into two parts: Urban Center Downtown (UC·D) and Urban Center North (UC·N). The proposed policies that would apply to the Urban Center would establish these areas and outline objectives for Renton's Urban Center that would reflect the CPP objectives and criteria for Urban Centers. The proposed zoning would create additional capacity for mixed use development. The EIS indicates that proposed policies specific to the UC·N designation were intended to provide a blueprint for transition of land over the next 30 years into a dynamic mixed use district. The UC·N policies were developed to correspond to the EIS alternatives, and allowed an analysis of the impacts associated with different thresholds of land use and intensity in the Boeing Renton Plant area. The policies reflected the assumed level of redevelopment associated with each EIS alternative and a wide range of potential uses and densities of redevelopment. Subsequent to issuance of the Final EIS, the City adopted the UC-N Comprehensive Plan designation and the UC-N1 zoning classification for the 80eing Renton Plant area, including Sub-district 1B, in November 2003. The City also adopted new policies and regulations to support the re-designation/rezoning in November 2003. These new policies were consistent with those in the EIS analysis (see below for an analysis of the consistency of the Sub-district 18 Conceptual Plan with key Urban Center North policies). The redevelopment currently proposed for Sub-district 18 would contribute to the creation of a dynamic mixed use district in an Urban Center, consistent with the intent of the UC-N land use designation and UC-N1 zoning classification. • Transportation Element. The EIS indicates that the re·designation/reclassification of the Boeing Renton Plant area, and related adoption of policies, would increase the Boeing Renton Sub-district 18 Environmental Consistency Analysis May,2006 2-11 area's employment and residential capacity. Actual redevelopment would result in additional traffic volumes distributed on the local and regional roadway. Under EIS Alternatives 3 and 4, higher density mixed-use redevelopment would support transit and non-motorized travel patterns (at a lower density, Alternative 2 would not be as likely to support transit and non-motorized travel patterns). The EIS concludes that demands on transportation infrastructure would be dealt with through ongoing capital facilities planning by the City, consistent with the policies in the Transportation Element that require coordinating land use and transportation planning, and phasing transportation plans concurrently with growth. Following issuance of the Final EIS. the· Capital Facilities Element of the Comprehensive Plan was amended to address potential impacts from increases in 80eing Renton Plant site area capacity (including the capacity from Sub-dlstrict 18). Various improvement needs were defined and included in the City's six year Transportation Improvement Program (TIP). which is updated annually. The City is planning new improvements to certain existing arterials and planning new arterials (Logan Avenue N .• Park Avenue. 1fh Street, and 1ff' Street) surrounding Sub-districts 1A and 18 to support redevelopment of this area (the capacity of these improvements would be at a greater level than required to S8/Ve redevelopment of Sub-districts 1A and 18. but at a lesser level than required to serve redevelopment of the entire EIS study area). See the Transportation section and Appendix 8 to this Consistency Analysis for an analysis of the consistency of the potential transportation impacts under the Sub-district 18 Conceptual Plan with the analysis in the EIS. • Housing Element. According to the EIS, the redesignation/reclassification of the Boeing Renton Plant site, and related adoption of policies, would generate new residential capacity within the area that would accommodate future population growth within the City. Potential future redevelopment allowed under mixed-use zoning would add to the multifamily housing supply in the City and would be consistent with the Housing Element goals that call for adequate supply of multifamily housing capacity to meet Urban Center goals. Urban Centers are envisioned as areas of concentrated employment and housing, served by transit, with a wide range of other land uses. The Sub-district 18 Conceptual Plan could include multifamily housing, consistent with the Housing Element goal to provide an adequate supply of multifamily housing in Urban Centers. This housing would be located in a mixed use development area that also features employment opportunities and is served by transit • Capital Facilities Element. As the EIS describes, the amendments to the Comprehensive Plan and development regulations would create the capacity for a range of uses at the Boeing Renton Plant site, and associated employment and housing potential. The EIS concludes that ongoing capital facilities planning related to provision of public services (i.e., fire and police protection), parks and recreation facilities, transportation, water and sewer systems and other infrastructure would address the increases in population and demands on services associated with potential future redevelopment. Following Issuance of the Final EIS, the Capital Facilities Element of the Comprehensive Plan was amended to address phased improvements required by Boeing Renton Sub-dlstrict 1B Environmental Consistency Analysis May, 2006 2-12 • future redevelopment of the Boeing Renton Plant site. See the Summary Matrix at the end of this chapter for a comparison of the potential impacts of the Sub- district 1B Conceptual Plan on public services, parks and recreation, and utilities with the potential impacts of the EIS alternatives on these elements. Utilities Element. The EIS indicates that future redevelopment of the Boeing Renton Plant site area that occurs as a result of amendments to the Comprehensive Plan and zoning would require utilities infrastructure to serve the area. Utility policies in the Comprehensive Plan support those improvements that are necessary for redevelopment of the Urban Center. Any utility improvements that would be made as a result of redevelopment proposed for Sub-district 1 B would be consistent with the policies in the Utilities and Capital Facilities Elements. See the Summary Matrix at the end of this chapter for a comparison of the potential impacts of Sub-district 1B redevelopment on utilities with the potential impacts of the EIS alternatives. • Downtown Element The EIS indicates that the proposed amendments to the Comprehensive Plan would divide the existing (at that time) Urban Center into two parts: Urban Center Downtown (UC-D) and Urban Center North (UC-N). Adopted general policies would be consistent with CPP criteria for Urban Centers that would apply to the whole of Renton's Urban Center. Individual policies and zoning for the UC-N area would support a higher density mixed use urban district. Potential future redevelopment that could occur under these land use regulations, particularly under EIS Alternative 3 and 4, could result in a spillover effect to the downtown area as a result of increases in population (Alternative 2 would be less likely to have this effect, given the lower densities of development assumed under this alternative). This could generate support for businesses in the downtown area and create new types of businesses. Alternatively, some downtown businesses could compete with uses in the Boeing Renton Plant site area. Subsequent to issuance of the Final EIS, the City adopted the UC-N Comprehensive Plan designation and the UC-N1 zoning classification for Sub- district 1B. The City also adopted new policies and regulations to support the redesignationlrezoning. Redevelopment under the Conceptual Plan for Sub- district 1B would represent a higher density mixed use urban district with an increase in employment and population. This could result in impacts to (and from) downtown businesses, similar to those described in the EIS. However, given that Boeing operations are continuing in Sub-district 2 (the area west of Logan Avenue N.), such potential for impacts would be less than identified in the EIS for Alternatives 3 and 4. • Economic Development Element. The EIS concludes that the proposed amendments to the Comprehensive Plan and related new general policies for Urban Centers would be consistent with the goals and poliCies from the Economic Development Element. Redevelopment under EIS Alternatives 2, 3 and 4 would include office, retail and commercial uses, consistent with policies in the Economic Development Element relating to expanding the City's office and retail employment bases. Redevelopment under EIS Alternatives 3 and 4 would encourage mixed-use redevelopment in a range of office, retail, residential and community-based land uses (redevelopment under Alternative 2 would be less diverse and intense). This type of redevelopment would be Boeing Renton Su/:HJistrict 1B Environmental Consistency Analysis May, 2006 2-13 consistent with policies supporting a diversified employment base, and expansion in retail and office use. The redevelopment currently proposed for Sub-dlstrict 18 would contribute to the creation of a mixed use development that could include office, retail, lab and residential uses. This redevelopment would be consistent with the Economic Development Element policies related to supporting a diversified employment base and expanding the City's office and retail employment bases, as identified in theEIS. • Environmental Element The EIS concludes that redevelopment of the site, as allowed by the amendments to the Comprehensive Plan and related policies and regulations, would occur consistent with City adopted environmental and critical area regulations. Redevelopment under the Conceptual Plan for Sub-district 18 would occur in compliance with City-adopted environmental and critical area regulations, consistent with the conclusion in the EIS. See the Summary Matrix at the end of this chapter for a comparison of the potential impacts of Sub-district 18 redevelopment on the environmental elements (i.e., earth, water quality, fish and wildlife habitat) with the potential impacts of the EIS alternatives on these elements. City of Renton Shoreline Master Program No portions of Sub-district 1 B (or Sub-district 1A) are located within 200 feet of the Lake Washington or Cedar River shorelines, and, therefore, are not subject to the provisions of this program. City of Renton 2003 Long-Range Park, Recreation and Open Space Plan The EIS indicates that the proposed amendments to the Comprehensive Plan and associated development regulations would create capacity for a range of uses in the Boeing Renton Plant site area, including housing and employment uses. Future redevelopment would lead to demands on parks and recreation facilities. These demands would be addressed in annual updates to both the Capital Facilities Element of the Comprehensive Plan and the Capital Improvement Program (CIP). Redevelopment within the Boeing Renton Plant site area would be subject to the City's Park and Recreation Mitigation Fee policy (Resolution 3082). EIS Alternative 2 did not include residential development, and demands for open space and/or park and recreation opportunities were assumed to be minor; Alternatives 3 and 4 were assumed to generate greater demands, because of the greater range of uses (including residential). All of the EIS alternatives were assumed to include some open space. The redevelopment under the proposed Sub-district 18 Conceptual Plan would contribute to the creation of a mixed use development that could include residential uses. These uses would lead to demands on parks and recreation facilities. The Sub- district 18 residential redevelopment would be subject to the City's Park and Recreation Mitigation Fee policy. Redevelopment of Sub-district 18 is proposed to include some level of open space (pedestrian connections between areas of the Sub-dlstrict and adjacent areas and newly landscaped areas). See the Summary Matrix at the end of this Boeing Renton Sub-dlstrict 1B Environmental Consistency Analysis May. 2006 2-14 chapter for a comparison of the potential impacts of Sub-district 1B redevelopment on parks and recreation with the potential impacts of the EIS alternatives. New City of Renton Comprehensive Plan Policies The 2003 EIS analyzes a new UC·N land use designation for the Boeing Renton Plant area (including Sub-district 1 B). The EIS includes a proposed intent and vision for the UC-N area, as well as new policies to support the UC-N vision. Following issuance of the Final EIS, the City adopted the UC-N land uses designation for the Boeing Renton Plant area, and related policies and regulations in the Comprehensive Plan (City of Renton Comprehensive Plan [2004)). A brief summary of the current vision and purpose statements and excerpts from several of the current policies applicable to redevelopment of Sub-district 1 B are presented below, followed by an evaluation of the consistency of the current redevelopment plan for Sub-district 1 B with each statement/poliCY in bold italic. • Vision Statement. The vision for redevelopment of the Urban Center -North is one of dramatic change as eXisting low-rise industrial and mid-rise office buildings are reconfigured into a dynamic new retail and office neighborhood. Two initial patterns of development are anticipated within the District: one creating a destination retail shopping district; and the other resulting in a more diverse mixed-use, urban scale office, and technical center with supporting commercial retail uses. Also part of the vision for the UC-N is a dense employment center. The redevelopment under the Sub·district 1B Conceptual Plan would support this vision for the UC·N. The Conceptual Plan proposes that the property would be reconfigured into a new mixed use development The north portion of the property (the ROFO area) is assumed to include retail development, consistent with the destination retail shopping district pattern of development from the vision statement. The remainder of the property is assumed to be developed in a mix of uses, including Office, lab and multifamily uses, consistent with the more diverse mixed use urban scale of development from the vision statement. The Sub· district 1B redevelopment would contribute to creating a dense employment center in the Urban Center North area. • Purpose Statement The purpose of the UC-N is to redevelop the area at a larger scale than found in Downtown Renton, with a wider range of uses, taking advantage of the greater size of available land holdings. These uses are anticipated to include some industrial-type uses as ongoing within the larger context of commercial/retail, office and residential. The Sub-district 1B Conceptual Plan would contribute to redevelopment of the Boeing Renton Plant site area at a larger scale than in Downtown Renton, and with a wider range of uses. The uses proposed for this area include retail, office, lab and multifamily uses. Industrial uses are currently being consolidated in the west portion (District 2) of the Boeing Renton Plant site area. • Policy LlJ..265. Support a more urban intensity of development (e.g. building height, [etc.)) than with land uses in suburban areas of the City. Boeing Renton Sub-distrlct 1B Environmental Consistency Analysis May, 2006 2·15 The Sub-distrlct 1B Conceptual Plan would feature a more urban form of development Building heights are assumed to range from one-story in the north portion of the property to up to six stories in the south portion of the property. • Policy L1J..301. Ensure that big-box [large-format] retail functions as an anchor to larger, cohesive, urban-scale retail developments. Redevelopment of Sub-district 1B could include a destination retail store. It /s assumed that such a store would be located in the northwest (ROFO) portion of the site, In an anchor position. • Policy L1J..303. Encourage pedestrian-oriented development. The Conceptual Plan for Sub-district 1B Includes provisions for pedestrian connections (i.e., along North ffh Street and Park Avenue N.) (see Figure 1-3 in this Consistency Analysis). It is assumed that proposed pedestrian features would be further refined In the Master Plan development phase. • Policy LU-311. Reduce the suburban character of development, preserve opportunities for infill development, and provide for efficient use of land by setting maximum parking standards. To a certain extent, the redevelopment proposed for Sub-district 1B would represent infill, as some of the eXisting office buildings in the south portion of the property would be retained. It is assumed that the eventual parking ratio for Sub- district 1B would be consistent with maximum parking standards determined by the City. It is also assumed that efficient use of the land would be promoted by the use of existing and new structured parking facilities in the development The EIS concludes that amending the Comprehensive Plan, adopting related policies and regulations, and developing under the range of EIS alternatives would be consistent with existing (at that time) plans, policies and regulations. Redevelopment under the Sub-district 1 B Conceptual Plan would be consistent with this conclusion from the EIS. Cumulative Redevelopment of Sub·districts 1A & 18 Redevelopment of Sutrdistricts 1A and 1B together would include a wide array of retail/commercial, lab, office and multifamily uses. This redevelopment would more completely convert Sub-district 1 of the Boeing Renton Plant site to a mixed use, urban district, consistent with the analysis in the EIS, and the City's vision for the area. The redevelopment proposed for Sub-district 1A would feature retail uses (as well as office and multifamily uses), and would be consistent with the pattern of development from the vision statement calling for creation of a destination retail shopping district. As mentioned above, redevelopment proposed for Sub- district 1 B would be consistent with the pattern of development from the vision statement calling for a more diverse mixed-use, urban scale development. Together, redevelopment of Sub- districts 1A and 1 B would contribute to creating a dense employment center in the Urban Center North area. Cumulative redevelopment of Sub-districts 1A and 1B would feature a more urban form of development. Sutrdistrict 1 A building heights would range from one to ten stories; Sutrdistrict Boeing Renton Sub-dlstrict 1B Envlronniental Consistency Analysis May, 2006 2-16 lB building heights are assumed to range from one to six stories. Redevelopment of Sub- districts lA and 1 B together would include destination retail stores (in the east and south portions of Sub-district lA and possibly in the northwest portion of Sub-district 1 B). These stores would be located in anchor positions of the overall developments. Pedestrian connections and open space would be provided with redevelopment of Sub-districts 1A and lB. Pedestrian-oriented streets would include: Park Avenue N., N. 6th Street, and N. 8th Street (see Figures 1-3 and 1-4 in this Consistency Analysis). The EIS concludes that amending the Comprehensive Plan, adopting related policies and regulations, and developing under the range of EIS alternatives would be consistent with existing (at that time) plans, policies and regulations. Cumulative redevelopment under the current redevelopment plans for Sub-districts lA and 1 B would be consistent with this conclusion. Summary Matrix The following matrix provides a comparative overview of the significant impacts that would potentially result from the EIS Alternatives, the Conceptual Plan proposed for Sub-district 1 B, and the cumulative redeveloprnent plans proposed for Sub-districts lA and 1 B. The potential impacts that would result from the EIS Alternatives are listed in the left column of the table, and the potential impacts from the Conceptual Plan proposed for Sub-district 1 B, and the cumulative redevelopment plans proposed for Sub-districts 1A and 1 B, are compared to them. Significant unavoidable adverse impacts are also identified, as applicable. The matrix addresses those elements of the environment that were analyzed in the EIS. It does not address Stormwater, Transportation and Land Use Patterns, because those elements have already been covered in this chapter and in the technical conSistency analyses appended to this document (see Appendices A and B). Conclusion Redevelopment under the Conceptual Plan proposed for Sub-district 1 B, and under the cumulative redevelopment plans proposed for Sub-districts lA and 1 B, is considered to be within the capacity of the range of development alternatives and associated impacts analyzed in the 2003 EIS. Sub-district 1 B is, therefore, eligible for Planned Action designation without undergoing additional SEPA review (per RCW 43.21C.031 and WAC 197-11-164, 168 and 315). Boeing Renton Sub-district 1B Environmental Consistency Analysis May, 2006 2-17 EARTH Impacts 2003 EIS Alternatives • Redevelopment would require site preparation including: removal of some of the existing structures and foundations, grading including provision of structural fill, and provision of foundation support including the likely use of new andlor existing piles. • Deep foundation systems, including the use of driven or drilled piles, would likely be required for most structures. Some level of ground vibration would occur with pile driving (see the Noise section). • Significant erosion and landslide impacts after redevelopment would not be anticipated; impacts associated with seismic hazards (liquefaction) would not be antiCipated with implementation of proposed mitigation measures. Significant Unavoidable Adverse Impacts • Implementation of the redevelopment alternatives would alter the site area through construction of new roads, utilities and structures. With implementation of the proposed mitigation measures, no significant unavoidable adverse impacts from the redevelopment alternatives would be antiCipated. WATER RESOURCES Impacts Surface Water Qualitv • Redevelopment would expose erodible soils to varying degrees; however, the increased erosion risk from redevelopment would be Sub-District 1 B Redevelop_ment • Consistent with EIS analysis. • Foundation systems similar to those described in the EIS would be required for Sub-district 16 redevelopment. • Consistent with EIS analysis, because erosion and landslide impacts would not be anticipated, and mitigation measures similar to those identified in the EIS would be implemented relative to seismiC hazards. • Consistent with EIS conclusion, because mitigation measures similar to those identified in the EIS would be implemented. • Consistent with EIS analysis, because existing Site soil conditions are the same as described in the EIS and TESCP measures similar to Boeing Renton Sub-District 1B Environmental Consistency Analysis S-1 May, 2006 ~ Sub-Districts 1A and 1B Redevelopment • Consistent with EIS analysis. • Same as under Sub-district 16. Foundation systems similar to those described in the EIS would be required for Sub-district 16 and 1A redevelopment. • Same as under Sub-district 16 for cumulative 1 A and 1 B redevelopment. • Same as under Sub-district 1 B for cumulative 1 A and 16 redevelopment. • Same as under Sub-District 1 B for cumulative 1 A and 16 redevelopment. Summary Matrix 2003 EIS Alternatives Sub·District 1B Redevelopment Sub·Districts 1A and 1B Redevelopment much less than for many other construction those identified in the EIS would be employed. sites, because the site area is. already developed and covered in impervious surfaces. Wrth proper implementation of required TESCP . measures, erosion impacts would not be antiCipated. • During construction, unintended release of • Consistent with EIS analysis, because • Same as under Sub-district 18 for cumulative fuels, oil, or hydraulic fluid could contaminate construction site control measures and spill 1A and 18 redevelopment. soils and ultimately migrate to groundwater or response planning similar to that identified in into nearby surface water resources. Such the EIS would be implemented. water quality impacts would typically be prevented with adequate construction site control measures and spill response planning. • Stormwater runoff during construction would • Consistent with EIS analysis, because TESCP • Same as under Sub-district 18 for cumulative ultimately be directed to the Cedar River, measures similar to those identified in the EIS 1A and 18 redevelopment. John's Creek and Lake WaShington, and could would be implemented. result in a local rise in turbidity near the discharge locations. With proper implementation of required TESCP measures, no significant water quality impacts to these water bodies would occur. • Impervious surfaces within the site area would • Consistent with EIS conclusion, because water • Same as under Sub-district 18 for cumulative be subject to water quality treatment under quality treatment similar to that described in the 1A and 18 redevelopment. Alternatives 2, 3 and 4, compared to no EIS would be implemented (see Appendix A assumed water quality facilities under the for more information on stormwater impacts existing/baseline condition. Water quality from 1 B redevelopment). parameters in the stormwater discharge to Lake Washington, the Cedar River and John's Creek would improve relative to the existing/baseline condition. Groundwater • Recharge to the aquifer beneath the site area • Consistent with the EIS analysis, because the • Same as under Sub-District 18 for cumulative from direct precipitation is considered minimal majority of groundwater recharge would 1A and 18 redevelopment. with the majority of recharge originating from continue to originate from off-site areas. off-site areas. The potential for adverse impacts to groundwater recharge from redevelopment is considered to be very low and not significant. Boeing Renton Sub-District 1B Environmental Consistency Analysis S-2 Summary Matrix May, 2006 • ~ .. j ~ L ) -- 2003 EIS Alternatives Sub-District 18 Redevelopment Sub-Districts 1A and 18 Redevelopment • Dewatering would likely be required for the • Consistent with EIS analysis, because existing • Same as under Sub-district 1 B for cumulative placement of new utilities and other excavation. groundwater conditions are the same as lA and 1 B redevelopment. If groundwater levels are significantly described in the EIS, and mitigation measures decreased, ground settlement could result that similar to those identified in the EIS would be may impact existing fences, buildings, implemented. bulkheads, or other nearby structures. Implementation of the proposed mitigation measures would preclude these impacts. Dewatering would not be expected to produce silty or turbid water, with implementation of the proposed mitigation measures. Significant Unavoidable Adverse Impacts • Future redevelopment of the site area would • Consistent with EIS conclusion, because new • Same as under SUb-district 1 B for cumulative result in the construction of new water quality water quality treatment facilities would be lA and 1 B redevelopment. treatment faCilities that would meet current constructed and conditions would improve applicable standards. Compliance with such relative to the existing/baseline condition. standards would result in an improvement in water quality and localized drainage conditions, relative to the existing/baseline condition. With implementation of mitigation measures, no significant unavoidable adverse impacts would be expected. FISH AND WILDLIFE HABITAT Impacts Shoreline Habitat and Fisheries • Under Alternatives 3 and 4, construction could • Consistent with EIS analysis, because Sub-• Consistent with EIS analysis, because Sub- occur near Lake Washington, and potential District 1 B is located at a distance from these districts 1 A and 1 B are located at a distance water quality and aquatic habitat impacts could water bodies and habitat, and TESC measures from these water bodies and habitat, and result. The potential for impacts to aquatic similar to those described in the EIS would be TESC measures similar to those described in habitat in Lake Washington, Cedar River and implemented. the EIS would be implemented. John's Creek would be lower for Alternatives 1 and 2 because construction work would occur at greater distances from these water bodies. With implementation of TESC measures, significant impacts would not be expected. • No post-construction/operational impacts to • Consistent with EIS analYSis, because new • Same as under Sub-district 1 B for cumulative aquatic habitat in Lake Washington, the Cedar water quality treatment would be imJllemented 1 A and 1 B redevelopment. Boeing Renton Sub-District 1 B Environmental ConSistency Analysis S-3 Summary Matrix May, 2006 ~-- 2003 EIS Alternatives Sub-District 1B Redevelopment Sub-Districts 1A and 1B Redevelopment River and John's Creek would be expected due and conditions would improve relative to the I to increased stormwater quality treatment existing baseline condition. associated with redevelopment relative to the existinglbaseline condition. Upland Habitat and Wildlife , • Temporary, minor construction-related impacts • Consistent with EIS analysis, because existing • Same as under Sub-district 1 B for cumulative i to . wildlife hab~at could occur. However, wildlife conditions continue to be limited and of 1A and 1 B redevelopment. existing habitat is limited and of poor quality, poor quality. and its temporary loss (until re-Iandscaped) is not expected to have any significant adverse effects on wildlife. • At full buildout of Alternatives 3 and 4, open • Consistent with EIS analysis, because open • ConSistent with EIS analysis, because open space is expected to increase relative to the space and landscaping would increase relative space and landscaping would increase relative existing/baseline condition (less open space to existing conditions with redevelopment to existing conditions with redevelopment of would be provided under Altemative 2). This assumed for Sub-district 1 B. Sub-districts 1A and 1 B together. increase in open space would increase wildlife habitat. Significant Unavoidable Adverse Impacts • No Significant unavoidable adverse impacts to • Consistent with EIS conclusion, because fish • Same as under Sub-district 1 B for cumulative fish or wildlife resources would be expected to and wildlife habitat continues to be limited and 1 A and 1 B redevelopment. occur from the redevelopment under any of the of poor quality, TESC measures and other EIS alternatives. (This is primarily due to the BMPs similar to those identified in the EIS existing lack of any significant fish or wildlife would be implemented and improved habitat or fish or wildlife use of the site area; the stormwater quality would result. lack of any in-water work assumed for redevelopment; with implementation of typical temporary erosion and sedimentation control measures (TESC) and other best management practices (BMPs), construction could be completed without adversely affecting nearby watercourses; and improved stormwater quality treatment prior to discharge to the Cedar River, Lake Washington, and John's Creek from all redeveloped areas.) Boeing Renton Sub-District 1 B EnVironmental Consistency Analysis S-4 Summary Matrix May, 2006 ) ~.~, r ) ~ -2003 EIS Alternatives Sub-District 1 B Redevelopment Sub-Districts 1A and 1 B Redevelopment HAZARDOUS MATERIALS Impacts • Any need for further investigations, associated • Consistent with EIS analysis. • Same as under Sub-district 1 B for cumulative with future redevelopment in the site area, as 1A and 1 B redevelopment. well as any subsequent remedial actions, would be determined as part of the Corrective Action process or state Model Toxics Control Act (MTCA) process. • If proposals for redevelopment to different, non-• Consistent with EIS analysis. Assumed • Consistent with EIS analysis. Redevelopment industrial land uses are submitted in the future, redevelopment of SUb-district 1 B would include of Sub-districts 1A and 18 together would both the MTCA process would address appropriate non-industrial uses similar to those identified in include non-industrial uses similar to those cleanup levels at that time, based on the land the EIS, and cleanup measures similar to those identified in the EIS, and cleanup measures use proposed for a specific area. identified in the EIS would be implemented, if similar to those identified in the EIS would be necessary. implemented, if necessary. • There would be the potential for new areas of • Consistent with EIS analysis, because, as • Same as under Sub-district 1 B for cumulative contamination to be identified, in Subareas A necessary, investigations and cleanup similar 1A and 1 B redevelopment. through C, in addition to the one area of known to that identified in the EIS would be contamination at the southeast corner of the 10-undertaken. 50 complex (Subarea B), as buildings are demolished and pavement is removed for new construction in the future. If such areas are identified they would be investigated, and if necessary, cleaned up, according to MTCA regulations CNAC 173-340) or the conditions of the Agreed Order. Significant UnaVOidable Adverse Impacts • No unavoidable adverse impacts from the • Consistent with EIS conclusion, because • Same as under Sub-district 1 B for cumulative future redevelopment under any of the remedial actions similar to those identified in 1 A and 1 B redevelopment. alternatives would be expected. the EIS would be undertaken, as warranted. POPULATION, EMPLOYMENT AND HOUSING Impacts • No population would be added to the sije area • New population could be generated in Sub-• Population generated cumulatively by under Alternative 2. At full buildout in 2030, district 1 B in year 2015. Population generated redevelopment in Sub-districts 1A and 1 B could population capacity of the site area could be in Sub-district 1 B would be approximately 963 be approximately 2,600. This population would about 7,300 people under Alternative 3 and based on a person per househOld ratio of 1.8 be within the range estimated in the EIS. 9,200 undeI...1llternativ~ 4. This population and a 100 percent occupancy rate. _ This_ ... Boeing Renton Sub-Dlstrfct 1 B EnvIronmental Consistency Analysis S-S Summary Matrix May, 2006 2003 EIS Alternatives Sub-District 18 Redevelopment Sub-Districts 1A and 18 Redevelopment growth would represent between 37 and 47 population would be within the range estimated percent of forecasted growth that is projected to in the EIS. occur in the overall Renton/Skyway Forecast Analysis Zone (FAl) Group between 2000 and 2030. • New employment capacity and associated • Consistent with the EIS analysis, because the • Same as under Sub-district 1 B for cumulative indirect employment would likely generate potential for new employment capacity and 1A and 1 B redevelopment increases in population to the City of Renton associated indirect employment to generate over the 25-year buildout period. increases in population to the City of Renton would be within levels identified in the EIS. Employment • At full buildout in 2015, total employment • New employment capacity in Sub-district 1 B at • New employment capacity generated capacity in the entire Renton Plant site area partial buildout in year 2015 would be up to cumulatively by the current redevelopment under Altemative 2 would be about 14,700 and about 2,000, based on ULI standards used in plans for Sub-districts 1A and 1 B would be up to would account for 18 percent of total projected the EIS. New employment capacity in Sub-about 3,850 in 2015, and would be within the employment in the overall Renton/Skyway F Al district 1 B at full buildout in 2030 would be up to range estimated in the EIS. Group. At full buildout in 2030, total about 3,200. New employment capacity in 2015 employment capacity under Alternatives 3 and and 2030 would be within the range estimated 4 would be about 23,700 and 41,400, in the EIS. respectively, and would account for 25 and 43 percent of total projected employment in the overall Renton/Skyway FAl Group. Without existing Boeing employees, total new employment would be 3,500 under Alternative 2, 4,400 under Altemative 3 and 7,900 under Alternative 4. • By 2030, redevelopment would result in a • Consistent with EIS analysis, because Sub-• Consistent with EIS analysis, because Sub- transition in the employment base within the district 1 B is assumed to be redeveloped as an districts 1A and 1B together would be site area from industrial/manufacturing to the urban mixed-use development. redeveloped as urban mixed-use developments. services sector (potentially including jobs in the retail, "finance, insurance, real estate and services", and government/education employment sectors). The new mix of employment would reflect that of a mixed-use urban district and is assumed to include a range of jobs associated with redevelopment in new retail, office, lab, hotel and residential uses. Boeing Renton Sub-District 1B Environmental Consistency Analysis S-6 Summary Matrix May, 2006 '> .. _ .. 2003 EIS Alternatives Sub-District 1 B Redevelopment Sub-Districts 1A and 1B Redevelopment • Jobs created within the site area would • Consistent with EIS analysis, because jobs • Same as under Sub-district 1 B for cumulative generate secondary and induced (indirect) similar to those described in the EIS would be 1 A and 1 B redevelopment. employment that could result in increased local created, with the potential to generate and regional economic activity. secondary and induced employment. Signfficant Unavoidable Adverse Impacts • No significant unavoidable adverse impacts to • Consistent with the EIS conclusion. • Same as under Sub-district 1 B for cumulative population, housing and employment would lA and 1 B redevelopment. occur as a result of the redevelopment alternatives, as analyzed. PARKS AND RECREATION Impacts I • Increase in demand on park and recreation • Consistent with EIS analysiS. • Consistent with EIS analysis. facilities would result from future redevelopment. Mitigation would include capital facilities planning by the City, provision of on-I site open space and compliance with the City's Park and Recreation Mitigation Fee Policy for residential projects. • It is assumed that redevelopment would include • Similar to EIS analysis, because it is assumed • Similar to EIS analysis, because open space I new open space, a portion of which would be that some level of open space (landscaped would be provided with redevelopment of Sub- available to the public, with a mix of active and area and potentially open space as part of districts 1A and 1 B (including landscaped area, passive recreational features. Under residential development) would be provided courtyards/plazas and open space in residential I Alternative 2, it is assumed that approximately with redevelopment of Sub-district 1 B. areas). two acres of new open space (consisting of , landscaped area) would be provided. • Construction-related impacts could include • Sub-district 1 B is not located adjacent to these • Sub-districts 1A and 18 are not located temporary increases in noise and dust levels at park and recreation facilities, and construction adjacent to these park and recreation facilities, the Cedar River Trail, new Sam Chastain in Sub-district 18 would not adversely affect and construction on these properties would not Waterfront Trail, and Gene Coulon Park; them. adversely affect them. however, these increases would be temporary in nature, likely of short duration and not significant. Slgnfficant Unavoidable Adverse Impacts • With implementation of mitigation measures, no • Consistent with the EIS conclusion, because • Same as under Sub-district 18 for cumulative ~ignificant unavoidable adverse impacts to park similar mitigation measures to those identified in 1 A a_nd 1 B redevelopment. Boeing Renton Sub-District 1B EnVironmental ConSistency Analysis S-7 Summary Matrix May, 2006 2003 EIS Alternatives Sub-District 1 B Redevelopment Sub-Districts 1A and 1B Redevelopment and recreation facilities from the redevelopment the EIS would be implemented. scenarios, as analyzed, would be expected. AESTHETICSILIGHT AND GLARE Impacts • Views to the site area from adjacent areas • Similar to EIS analysis, views to Sub-District • Simila'r to EIS analysis, views to Sub-districts would substantially change. 1 B would change with redevelopment of that 1 A and 1 B would change with redevelopment property. of those properties. • The visual character of the site area would be • Consistent with EIS analysis, the visual • Consistent with EIS analysis, the visual substantially changed. Buildings could be character of Sub-district 1B would be character of Sub-districts 1 A and 1 B together located along the street edge, encouraging substantially changed. It is assumed that would be substantially changed. increased pedestrian activity. Street-level retail redevelopment would represent an urban scale Redevelopment would represent an urban spaces could be included in some mixed use and character. scale and character, and would include design buildings, and parking areas could be hidden features to encourage pedestrian activity. from street view, representing an urban scale and character. • New sources of light and glare would be • Similar to the EIS analysis, because • Similar to the EIS analysis, because primarily from vehicular traffic, parking areas redevelopment assumed for Sub-district 1 B redevelopment of Sub-districts 1 A and 1 B and street lighting, and interior and exterior would create new sources of light and glare would create new sources of light and glare building lighting. Light and glare would also similar to those described in the EIS. However, similar to those described in the EIS. However, likely increase near the Lake Washington light and glare would not increase substantially light and glare would not increase substantially shoreline. near Lake Washington, because of the near Lake Washington, because of the distance between Sub-district 1 B . and the distance between Sub-districts 1A and 1 Band shoreline. the shoreline. Significant Unavoidable Adverse Impacts • No significant unavoidable adverse impacts to • Consistent with EIS conclusion. • Same as under Sub-district 1 B for cumulative aesthetic, light and glare conditions would 1 A and 1 B redevelopment. occur. NOISE Impacts • Noise associated with the demolition of existing • Consistent with EIS analysis. Noise would • Consistent with EIS analysis. Noise would stnuctures, parking area removal, building generally be limited to the Sub-District 1 B generally be limited to the Sub-District 1A and construction, truck traffic to and from building property and immediately surrounding area. 1 B properties and immediately surrounding sties, and the operation of heavy equipment Noise-sensitive receptors would include the area. Noise sensitive receptors would include and support vehicles in the site area, would residential uses to the south of the property. the residential uses to the south of Sub-district increase noise levels adlacent to the site area Constnuction mitigation measures similar to 1B. Constnuction mitigation measures similar Boeing Renton Sub-District 1 B Environmental Consistency Analysis S-8 Summary Matrix May, 2006 .. ... 2003 EIS Alternatives Sub-District 1 B Redevelopment Sub-Districts 1A and 1B Redevelopment over the duration of the construction process. those identified in the EIS would be to those identified in the EIS would be Locations immediately adjacent to the site area implemented, and no significant impacts would implemented, and no significant impacts would could experience brief sound levels exceeding result. result. 110 dBA during pile driving. The majority of noise-sensitive receptors (existing residences) would experience lower noise levels due to the distance from the site area. Noise aSSOCiated with demolition and construction traffic would be of shorter duration under Alternative 2. • Increases in the sound level from operation of • Consistent with EIS analysis, because the • Consistent with EIS analysis, because the level building mechanical equipment after level of development assumed for Sub-district of development assumed for Sub-district 1 A redevelopment would be between 4 dBA and 6 1 B would fall within the range of development and 1 B together would fall within the range of dBA above baseline levels at some analysis assumed for this area in the EIS. Also, development assumed for this area in the EIS. locations under Alternatives 3 and 4, standard noise reduction mitigation measures Also, standard noise reduction mitigation respectively, representing a small to moderate similar to those identified in the EIS would be measures similar to those identified in the EIS increase. Under both baseline conditions implemented. would be implemented. (without redevelopment) and with redevelopment, sound levels would exceed City of Renton allowable daytime noise limits at some locations, and the nighttime noise limit at all analysis locations; however, with implementation of standard noise reduction mitigation measures, no significant impacts would be expected. Sound level increases from operation of building mechanical equipment would be slightly lower under Alternative 2. • Increases in traffic noise levels above baseline • ConSistent with EIS analySis, because vehicle • Consistent with EIS analysis, because vehicle conditions (generally within 2 dBA) would be trip generation would be within the range trip generation from cumulative redevelopment small or imperceptible at the more sensitive estimated in the EIS for redevelopment of Sub-would be within the range estimated in the EIS analysis locations. district 1 B (see the Transportation section (see the Transportation section and and Appendix B to this Consistency Analysis Appendix B to this Consistency Analysis for for details). details). Significant Unavoidable Adverse Impacts • The predicted sound levels from the • Consistent with EIS conclusion. • Same as under Sub-district 1 B for cumulative redevelopment alternatives would not result in 1 A and 1 B redevelopment. significant unavoidable adverse impacts. Boeing Renton Sub-District 1 B Environmental ConsIstency Analysis S-9 Summary Matrix May. 2006 2003 EIS Alternatives Sub-District 1 B Redevelopment Sub-Districts 1A and 1B Redevelopment PUBLIC SERVICES Fire and Emergency Services • Construction-related impacts would include the • Consistent with EIS analysis. • Same as under Sub-district 1 B for cumulative potential for increases in calls for service 1 A and 1 B redevelopment. related to inspection of the construction sites and potential construction-related injuries. • At full buildout under Alternative 2 in 2015, an • At partial buildout of Sub-district 1B in 2015, an • Increases in calls for fire service generated by increase in annual calls for service from the increase in annual calls for fire service of up to the cumulative redevelopment for Sub-districts Renton Fire Department of two to three percent 2 percent over 2002 levels would be expected; 1A and 1B would represent approximately up over the 2002 district-wide call levels would be at full buildout in 2030, an increase of up to 3 to a 4 to 5 percent increase over 2002 levels in expected; at full buiJdout under Altematives 3 percent over 2002 levels would be expected. 2015 and 2030, respectively. These increases and 4 in 2030, an increase in annual calls for These increases in calls for fire service would in calls for fire service would be within the I service from the Renton Fire Department of 19 be within the range estimated in the EIS. range estimated in the EIS. and 30 percent, respectively, over 2002 district- wide call levels would be expected. • At full buildout under Alternatives 3 and 4 in • With only Sub-district lB redevelopment, • Similar to EIS analysis; however, with Sub- 2030, the projected increase in calls could expanded personnel levels and equipment districts 1 A and 1 B redevelopment, expanded require expanded personnel levels and fire and would likely not be necessary. personnel levels and equipment mayor may emergency response equipment to ensure not be necessary. conSistent response levels to the site area and overall service area. Law Enforcement • New commercial square footage identified • At full buildout of Sub-district 1B • Increases in calls generated by the cumulative under Alternative 2 would generate calls for redevelopment, an increase in annual calls for redevelopment of Sub-districts 1 A and 1 B police service; such call volumes are not service from the Renton Police Department of would represent up to an approximately 3 . anticipated to be significant. At full buildout less than 2 percent over 2002 district-wide call percent increase over 2002 district-wide call ' under Alternatives 3 and 4 in 2030, an increase levels would be expected, and would be within levels in 2030, and would be within the range in annual calls for service from the Renton the range estimated in the EIS. estimated in the EIS. Police Department of 13 and 16 percent, respectively, over 2002 district-wide call levels would be expected. • At full buildout under Alternatives 3 and 4 in • The potential for increases in calls and • The potential for increases in calls and 2030, an additional 4.1 to 5.3 patrol officers associated need for increased personnel levels associated need for increased personnel levels (over 2003 levels) would be needed to maintain and equipment at full buildout of Sub-district 1 B and equipment at full build out of Sub-districts the existing City of Renton level of service would be within the range estimated in the EIS, 1A and 1 B together would be within the range standard of 1.75 patrol officers to 1,000 and less than under Alternatives 3 and 4. estimated in the EIS, and less than under Boeing Renton Sub-District 1B Environmental Consistency Analysis S·10 Summary Matrix May, 2006 ; / ~, 2003 EIS Alternatives Sub-District 18 Redevelopment Sub-Districts 1A and 18 Redevelopment population. Long-term capital and operating Alternatives 3 and 4. needs would be addressed through incremental capital facilities planning over the buildout period and beyond. Schools • Increases in enrollment associated with • At full buildout of Sub-district 1 B, an enrollment • The enrollment increase generated by the Alternative 2 wou Id not be expected to be increase of up to 2 percent over 2002 district-cumUlative redevelopment of Sub-districts 1 A Significant. At full buildout under Alternatives 3 wide enrollment would be expected to be and 1 B would represent an increase of up to 4 and 4 in 2030, 'an enrollment increase of 7 and generated and would be within the range percent over 2002 district-wide enrollment in 9 percent, respectively, over 2002 district-wide estimated in the EIS. This increase in 2025; this increase would be within the range enrollment would be expected. This would enrollment would represent about 1 percent of estimated in the EIS. represent about 5 to 6 percent of future future projected district-wide enrollment in projected district-wide enrollment in 2025. 2025. Significant Unavoidable Adverse Impacts • With implementation of mitigation measures, no • Consistent with EIS conclusion, because • Same as under Sub-district 1 B for cumulative significant unavoidable adverse impacts to mitigation measures similar to those identified in 1A and 1 B redevelopment. public services from Alternatives 2, 3 and 4, as the EIS would be implemented. analyzed, would be expected. It is anticipated that incremental increases in population over the 25 year buildout period{s) would be planned for through the capital facilities planning by the City of Renton and other affected agencies. UTILITIES Impacts • The capacity of the City of Renton's water • Similar to EIS analysis, because the water • Similar to EIS analysis, because the water system (based on annual water rights capacity) demand generated by the redevelopment demand generated by redevelopment of Sub- would be adequate to serve future assumed for SUb-district 1 B would be within the districts 1A and 1 B would be within the range redevelopment Based on water demand range of demand estimated in the EIS. of demand estimated in the EIS. estimates related to future growth in the City (used in the 1998 Water System Plan) at full buildout under Alternative 2 in 2015, annual water demand would be approximately four percent of total City water system capacity; at full buildout of Alternatives 3 and 4 in 2030, annual water demand would be 13 and 19 percent, respectively, of total City water system capacity. Boeing Renton Sub-DIstrict 1B Environmental Consistency Analysis S-11 summary Matrix May, 2006 2003 EIS Alternatives Sub-District 16 Redevelopment Sub-Districts 1A and 16 RedeveloDment • New infrastructure improvements, including but • Similar to EIS analysis; infrastructure • Similar to EIS analysis; infrastructure not limited to new transmission and distribution improvements would only be required to serve improvements would only be required to serve mains, domestic meters, fire hydrants, pressure the redevelopment of Sub-district 1 B. redevelopment of SUb-districts 1 A and 1 B. reducing stations, and storage, would be needed. The private Boeing water system would not be used to provide water to any redeveloped areas. • At full buildout of Altemative 2 in 2015, annual • Annual wastewater flows from redevelopment in • Annual wastewater flows from redevelopment wastewater flows from the site area would be Sub-district 1 B would be within the range in Sub-districts 1 A and 1 B together would be about 398 million gallons, including allowances estimated in the EIS. w~hin the range estimated in the EIS. for infiltration/inflow. At full buildout of Altematives 3 and 4 in 2030, annual wastewater flows from the site area would be . about 564 and 714 million gallons, respectively, including allowances for infiltration/inflow. These flows would be less than 2 percent of the total King County Eastside Interceptor sewer i main capacity. • New wastewater collection systems would be • Consistent with EIS analysis. • Same as under Sub-district 1 B for cumulative required. The existing Boeing-owned 1A and 1 B redevelopment. wastewater facilities would not be used to serve I any future redevelopment. New wastewater I facilities would be constructed in accordance w~h City of Renton standards. i Significant Unavoidable Adverse Impacts • WlIh ongoing utility systems and capital • ConSistent with EIS conclusion, because • Same as under Sub-district 1 B for cumulative facilities planning by the City of Renton, utility mitigation measures similar to those identified in 1A and 1 B redevelopment. infrastructure improvements would be made to the EIS would be implemented. ensure adequate capacity to serve the demand aSSOCiated with growth from the redevelopment altematives and on an overall basis in the City. No Sign ificant unavoidable impacts are anticipated. AIR QUALITY Impacts • Probable Significant adverse air quality impacts • Consistent with EIS analysis, . because • Consistent with EIS analysis, because from redevelopment under Alternatives 2, 3 redevelopment assumed for Sub-district 1 B redevel()!lment of Sub-districts 1A and 1 B 8oe1ng Renton Sub-District 18 Environmental Consistency AnalySis S-12 Summary Matrix May. 2006 -' 2003 EIS Alternatives and 4 would not be likely, because mixed-use urban redevelopment are generally neutral or beneficial to regional air quality, as they allow development to occur close to employment centers and housing, thereby minimizing commute times and associated vehicle emissions. • Under Alternatives 2, 3 and 4, local air pollutant emissions from associated traffic would represent less than 0.5 percent of the regional transportation emission budget. Redevelopment in this location could reduce local emissions in other parts of the Puget Sound region; therefore, no significant impact to regional air quality would be expected under any of the redevelopment alternatives. • Prior to future construction of new signalized intersections, a local intersection-level conformity analysis would be completed per WAC 173-420-120, which requires analysis of newly signalized intersections in air quality maintenance areas. Significant Unavoidable Adverse Impacts • With implementation of mitigation measures, no significant unavoidable adverse impacts to regional or local air quality would occur. --- , , Sub-District 18 Redevelopment would represent an urban mixed-use development. • Consistent with EIS analysis, because Sub- district 18 local air pollutant emissions would be within the range estimated in the EIS. • Consistent with EIS analysis. The City is currently preparing an air quality conformity analysis related to the construction of new intersections in the site area. • Consistent with EIS conclusion, because mitigation measures similar to those identified in the EIS would be implemented. -- Boeing Renton Sub-District 1B Environmental Consistency Analysis S-13 May, 2006 Sub-Districts 1A and 18 Redevelopment would represent urban mixed-use I developments. I I • Consistent with EIS analysis, because Sub- districts 1A and 18 local air pollutant emissions i would be within the range estimated in the EIS, • Consistent with EIS analysis . The City is currently preparing an air quality conformity analysis related to the construction of new intersections in the site area. • Same as under Sub-district 18 for cumulative 1A and 1 B redevelopment. Summary Matrix , . (,' , " , , f f , r t , I ' I ' ~ I i ! I I , , , i , , I , i i I I 1 • i i ' , i , I I I i ' , I I I, I I " , . , ~ . :. ~ 1 " . Surface/Stormwater Consistency Analysis for Sub-District 1 B May 2, 2006 Prepared By KPFF Consulting Engeineers 711 Court, Suite 202 Tacoma, WA 98402 (253) 396-0150 (253) 396-0162 FAX Introduction The City of Renton issued the Boeing Renton Comprehensive Plan Amendment Final Environmental Impact Statement (FEIS) in October 2003. The Boeing Company is proceeding with plans for future redevelopment of Boeing Renton Plant Sub-districts lB. This sub-district is part of the overall site that was evaluated in the 2003 ElS. The Boeing Company is seeking a Planned Action designation for their current Conceptual Plan. Preparation of an Environmental Consistency Analysis is requested by the City in order for the project to be eligible as a Planned Action. Following is the Surface/Stormwater Consistency Analysis for Sub-district lB. A separate Surface/Stormwater Consistency Analysis has been prepared for Sub-district I A. The Sub-district I B surface/stormwater analysis compares the stormwater conditions associated with the current Conceptual Plan for Sub-district IB to those associated with the range of development alternatives for this area analyzed in the 2003 EIS. The analysis highlights any differences in probable significant impacts to surface or stormwater conditions from the current redevelopment plan, and indicates whether the impacts were adequately addressed in the 2003 EIS. This analysis includes a cumulative analysis of the current redevelopment plans proposed for both Sub-districts IA and IB. The goal of the analysis is to determine whether the impacts of redevelopment of Sub- district IB, and the cumulative impacts of the redevelopment of Sub-districts IA and IB, are within the range of development alternatives and associated impacts analyzed in the 2003 EIS, and that Sub-district I B is, therefore, eligible for Planned Action designation. Summary of Redevelopment Scenarios The Boeing Conceptual Redevelopment Plan (BCRP) for Sub-district IA includes a range of potential uses and redevelopment scenarios that are discussed in detail in Chapter I of the Boeing Renton Plant Sub-District IB Environmental Consistency Analysis. For the purposes of analyzing the consistency of the current proposal with the EIS, the range of redevelopment scenarios identified by the BCRP have been compared in this report to the range of Alternatives evaluated in the EIS. Sub-district IB was identified in the ElS Surface/Stormwater Technical Report as Sub-Area C. BCRP Impervious Coverage "Table I, Impervious coverage associated with redevelopment alternatives" provides a comparison of impervious areas that would cover Sub-Area C, or Subdistrict IB, within the ElS site area, dependent on the redevelopment. This table is similar to the Draft BIS, Volume II, "Table 3.1 -Impervious Coverage". Primary differences between Table 2, herein, and the Draft ElS, Volume II, "Table 3.1 - Impervious Coverage", include the addition of the BCRP, and the omission of unaffected Sub-Areas, as the BCRP only affects EIS Sub-Area C. I Baseline EIS Redevelopment BCRP Scenarios Existing: Alternatives Sub-Area (%) (%) (%) C 100 100t038 93 to 88 Table I -ImpervIOus coverage associated with redevelopment alternatives. The BCRP scenarios would range from a high of ninety-three to a low of eighty-eight percent impervious coverage. This impervious coverage is within the range of EIS alternatives evaluated, and is lower than the present day, baseline. The BCRP would add varying amounts of pervious space, dependent on the decided upon BCRP scenario. Generally speaking, the higher the impervious coverage, the less pervious space is anticipated. Storm Water Quantity Analysis Method For consistency, the analysis method and calculation assumptions used in this Report are identical to those used in the DEIS. Stonn water quantity analysis is perfonned according to the 2001 Department of Ecology (DOE) Manual and specifically follows the Santa Barbara Urban Hydrograph (SBUH) method. Reference Draft EIS Volume II, 3.1 to 3.3 for a more comprehensive explanation of the analysis methods and procedures. BCRP Quantitative Peak Flow Data and Quantitative Comparison Analysis "Table 2 -Stonn event peak flows versus redevelopment alternatives for Sub-District IB" provides a comparison of baseline conditions, ElS alternatives and BCRP scenarios corresponding to five stonn frequency events. EIS Baseline Redevelopment Stonn Event (Existing) Alternatives BCRP Scenarios 6mo Flow (efs) 15.36 14.89 to 7.63 14.06 to \3.56 2yr Flow (efs) 21.35 21.32 to 12.92 20.36 to 19.78 lOyr Flow (efs) 31.98 31.90 to 22.63 30.84 to 30.20 25yr Flow (efs) 36.46 36.45 to 27.04 35.38 to 34.73 100yr Flow (efs) 43.45 43.43 to 33.96 42.35 to 41.70 Table 2 -Stonn event peak flows versus redevelopment alternatives for Sub-District IB. Peak stonnwater flows are very closely linked to the level of impervious ground coverage. In comparison to the range of EIS alternatives, the BCRP scenarios would decrease the amount of impervious surface (see Table 2); therefore, peak flows would decrease as stonnwater is able to penneate pervious surface area. In comparison to the baseline, peak flows for the BCRP scenarios would be reduced. The peak stonnwater flows for the BCRP scenarios would be within the range of peak stonnwater flows for the 2 evaluated £IS alternatives, and lower than the present day, baseline peak stormwater flows. Also of significance in Table 2, is how impervious coverage impacts peak runoff to a greater extent during more frequent storm events. For example, the six-month storm event decreases the peak runoff by as little as 8.5% and as much as 11.8%, comparing BCRP scenarios and the baseline. The same comparison with a 100-yr storm event would decrease peak runoff by 2.5% to 4.0%. This makes sense, considering that pervious surfaces have a limited ability to absorb water during infrequent storm events, after which the surfaces become saturated and begin functioning similar to impervious surfaces. Storm Water Collection and Conveyance In its existing condition, stormwater runoff from Sub-District IB is collected and conveyed through a storm drainage system which discharges through outfalls located on the Cedar River, John's Creek and Lake Washington. These outfalls are identified in the EIS as Outfall #15 (Cedar River), Outfalls #13 and #14 (John's Creek) and Outfall #1 (Lake Washington). As asswned in the EIS, conveyance system components could be designed to divert water away from existing overcapacity outfalls within the EIS study area to the extent possible. There are 16 storm drain outfalls receiving stormwater runoff from the EIS study area. As stated in the EIS, some of the outfalls and the John's Creek channel, which receives flow from two outfalls in the EIS study area, appear to be over capacity during some storm events, while others appear to have excess capacity. Since the alternatives evaluated in the EIS, as well as the BCRP, involve redevelopment of large areas of the EIS study area, it is asswned that storm water runoff could be directed to outfalls with excess capacity, and away from John's Creek and the outfalls that are overcapacity. This approach would benefit the area surrounding the EIS study area by alleviating drainage issues that are currently present. The degree to which this approach can be implemented in the EIS Alternatives, and in the BCRP (when Boeing Company operations remain in the site area), would be somewhat dependent on the extent to which existing Boeing owned and maintained outfalls can be utilized to convey runoff from non-Boeing properties. Since the possibility of implementing this approach was unknown at the time the EIS was issued, two approaches for handling stormwater runoff are considered in the EIS, defined as Case I and Case 2. To evaluate the consistency of the BCRP with the EIS, the BCRP is considered in terms of both the Case I and Case 2 approaches to handling stormwater. These approaches are defined as follows: Case I -In Case 1, the general stormwater runoff patterns of the site area would be maintained, the areas drained by each of thc existing outfalls would be maintained in size and configuration to the extent possible within the constraints of the asswned development in each redevelopment alternative; and in alternatives where Boeing Company operations continue within the EIS site area, a separation would be maintained 3 between systems carrying stonnwater runoff from the areas used the Boeing Company and systems carrying stonnwater runoff from areas used by others. Case 2 -In Case 2, stonnwater runoff directed to the outfalls in John's Creek and overcapacity outfalls serving the EIS site area would be minimized to the. extent possible by directing stonnwater runoff from areas currently draining to John's Creek into outfalls with excess capacity on Lake Washington currently owned and maintained by the Boeing Company, in particular Outfall #1, which has a capacity of 437 cfs and a peak flow of 69.94 cfs during the 25-year design stonn event. BeRP Oul/aU Impacts Qualitative Assessment Stonnwater from Sub-District IB flows to multiple outfalls in the baseline condition and under the EIS Redevelopment Alternatives. Additionally, these outfalls receive stonnwater from areas other than Sub-District I B. To provide a specific analysis of the impacts to outfalls associated with the BCRP and a comparison of the impacts with those identified in the EIS, the following calculations were prepared: 1. Peak flows at the outfalls receiving stonnwater from the BCRP area were calculated. 2. Calculations assume that the BCRP is constructed and that the remainder of the EIS study area remains in its existing condition. 3. Calculations were prepared for the Case I and Case 2 approaches to handling of stonnwater runoff, as defined previously in this report. 4. Calculations were prepared for the 25-year stonn event, which is the basis of design for new conveyance systems according to the 2001 DOE manual. These calculated peak flows are presented in comparison to the baseline condition and the EIS Alternatives in Tables 3 and 4 below. Baseline (Existing) EIS Redevelopment BCRP Scenarios (cfs) Outfall No. (cfs) Alternatives -( cfs) 1 69.94 81.82 to 5S.27 81.411081.08 13 and 14 73.79 68.95 to 66.28 72.97 to 72.76 15 25.03 19.26 to 15.50 IS.81 to 18.44 Table 3 -Case I : 25 Year Storm Event Peak Flows at Outfalls Affected by BCRP As indicated in Table 3, for Case 1 at Outfall #15, the BCRP scenarios would decrease anticipated flows in comparison to the baseline condition, and would result in flows that would be within the calculated range for the EIS Alternatives. Flows identified for Outfalls # 13 and # 14 are combined, since the pipes are nearly identical in destination, and flows may be split between these two outfalls, dependent on 4 the detailed design of any site development. At Outfalls # I3 and # 14, the BCRP scenarios would decrease anticipated flows in comparison to the baseline condition. However, flows would increase relative to the calculated flow range for the EIS Alternatives. This difference is attributable to the fact that the EIS Alternatives included, at a minimum, redevelopment of Sub Areas A, B and C, while the BCRP reflects only redevelopment of Sub Area C. Since Outfalls #13 and #14 receive the majority of their flow from Sub Areas A and B, the lower flows at these outfalls identified in the EIS Alternatives would not occur until Sub Areas A and B are redeveloped in the future. Flows identified for Outfall #1 would be within the calculated range for the EIS Alternatives, but greater than the baseline condition. The capacity of Outfall #1 is 437 cfs. Therefore the increased flow is well within the capacity of the outfall. Baseline EIS Redevelopment Outfall No. (Existing) Alternatives ·(cfs) BCRP Scenarios (cfs) I 69.94 122.31 to 96.39 87.62 to 87.15 13 and 14 73.79 45.47 to 20.90 64.46 to 64.37 IS 25.03 16.45 to 12.51 14.\4 to 13.77 -Table 4 -Case 2 : 25 Year Storm Event Peak Flows at Outfalls Affected by the BCRP As indicated in Table 4, for Case 2 at Outfall # 15, the BCRP scenarios would decrease anticipated flows in comparison to the baseline condition, and result in flows that are within the calculated range for the EIS Alternatives. Flows identified for Outfalls # 13 and # 14 are combined, since the pipes are nearly identical in destination, and flows may be split between these two outfalls, dependent on the detailed design of any site development. At Outfalls #13 and #14, the BCRP scenarios would decrease anticipated flows in comparison to the baseline condition, and result in flows that are greater than the calculated range for the EIS Alternatives. This difference is attributable to the fact that the EIS Alternatives included, at a minimum, redevelopment of Sub Areas A, Band C, while the BCRP reflects only redevelopment of Sub Area C. Since Outfalls #13 and #14 receive the majority of their flow from Sub Areas A and B, the reduction in flows at these outfalls identified in the EIS Alternatives would not occur until Sub Areas A and B are redeveloped in the future. At Outfall #1, the BCRP scenarios would result in flows that are lower than the calculated range for the EIS Alternatives. Similar to conditions at Outfalls #13 and #14, this difference is attributable to the fact that the EIS Alternatives included, at a minimum, redevelopment of Sub Areas A, Band C while the BCRP reflects only redevelopment of Sub Area C. Since the Case 2 Alternatives in the EIS sought to route runoff from 100% of Sub Area B toward the excess capacity available at Outfall # I, the increase in flow at Outfall #1 would not occur until Sub Area B is redeveloped in the future. The BCRP scenarios increase anticipated flows at Outfall #1 in comparison to the baseline condition. However, the capacity of Outfall #1 is 437 cfs. Therefore, the increased flow is well within the capacity of the outfall. 5 Summary of Consistency Analysis for BCRP The findings of this Report conclude that specific conditions and calculated impacts associated with the BCRP are consistent with the conditions and calculated impacts associated with the range of redevelopment Alternatives analyzed in the EIS. Peak runoff flows from the study area to the applicable. outfalls would generally be reduced in comparison to the baseline condition, except for to Outfall # I. The peak flow at Outfall #1 would increase in comparison to the baseline condition. However, the increase would result in a peak flow that is well below the capacity of the outfall. The peak flows at Outfalls # 13 and # 14 would increase relative to the EIS alternatives. These increases in flows are attributable to the fact that the EIS Alternatives included, at a minimum, redevelopment of Sub Areas A, B and C, while the BCRP reflects only redevelopment of Sub Area C. Since Outfalls #13 and #14 receive the majority of their flow from Sub Areas A and B, the lower flows at these outfalls under the EIS Alternatives would not occur until Sub Areas A and B are redeveloped in the future. The peak flow at Outfall # 15 would decrease in comparison to the baseline condition, and would result in flows that are within the calculated range for the EIS Alternatives. Similar to the conclusion of the EIS, there would be no significant impacts to the surface or storm water . environment as a result of the BCRP. Summary of Cumulative Impacts To understand the cumulative impacts of the BCRP in Sub District 1B, the Harvest Partners Master Plan proposal for Sub District I A and the arterials planned by the City of Renton associated with the proposals, combined peak storm event flows and peak outfall flows were calculated for the three proposals. These calculations were compared to the conditions and calculated impacts included in the EIS for Sub Areas A, B, and C and the EIS arterials. The areas of redevelopment included in the current proposals are approximately 8% smaller than the areas assumed for redevelopment in the EIS as shown below in Table 6. This difference is primarily due to the difference in the extent of roadway development. Impervious Peak Stonn Event Flows (cfs) Area (acres' Coverage (%) 6mo 2yr IOyr 25vr IOOvr EIS 117.0 100 to 66.7 38.44 to 55.05 to 82.34 to 94.10 to 112.11 to 29.62 44.82 71.07 82.65 100.59 Current 108.4 91.6 to 89.5 33.87 to 48.98 to 74.11 to 85.02 to 101.66 to ProDosals 33.37 48.44 73.48 84.34 100.98 Table 6 -CumulatIVe ImpervIOUS Coverage and Peak Stonn Event Flows for Sub DIstnct lA, Sub District I B and Arterials As indicated in Table 6, the cumulative impervious coverage and peak storm event flows are within the range of EIS Alternatives. Since the current proposals and the EIS Alternatives do not affect precisely the same areas, the peak storm event flows were also calculated on a per acre basis. 6 Peak Stonn Event Flows (cfs/acre) Area (acres) 6mo 2yr lOyr 25yr IOOyr EIS 117.0 0.33 to 0.25 0.47 to 0.38 0.70 to 0.61 0.80 to 0.71 0.96 to 0.86 Current 108.4 0.31 0.45 0.68 0.78 0.94 Proposals Table 7 -CumulatIve Peak Storm Event "lows per Acre for Sub DIstrIct lA, Sub DIstrIct lB and Arterials As indicated in Table 7, the peak stonn event flows from each acre affected by the current proposals is within the range of peak storm flows anticipated in the evalnation of the EIS Alternatives. Summary of Arterial Development As discussed in the report titled Boeing Renton Sub-District lA Stonnwater Consistency Analysis, the City of Renton plans to improve existing and develop new arterial roadways defined as Logan Avenue, Park Avenue, 8th Street and 10th Street. Table 5 below compares impervious coverage and storm event peak flows for five stonn frequency events associated with the arterials assumed to serve the EIS Alternatives and the arterials currently planned to serve the Boeing and Harvest Partners proposals. Impervious Peak Stonn Event Flows (cfs) Area (acres) Coverage (%) 6mo 2yr lOyr 25yr 100yr EIS Arterials 29.11 100 9.57 13.7 20.49 23.42 27.90 Arterials Planned to Serve Boeing or 16.9 87.4 5.55 7.95 11.90 13.60 1620 Harvest Partners Proposals Table 5 -ImpervIOUs Coverage and Peak Storm Flows for Proposed Arlena Is Note: The roadway sections ofthese arterials will provide capacity at a level that is greater than required to serve District 1. From Table 5, a significant reduction in runoff from the arterials under the City's current plans is evident in comparison to the arterials proposed to serve the EIS Alternatives. This reduction is attributable to two factors: 1. The currently planned arterials cover a smaller area than is assumed in the EIS. The analysis contained in the EIS assumes roadway development that would be sufficient to support redevelopment of the entire EIS study area (including District 2 to the west of Logan Avenue N.), while the City's current plans include roadway development (i.e., roadway sections) that will provide capacity at a level that is greater than required to serve District 1 only (Sub-district 1 A and 1 B redevelopment), but lesser than required to serve the entire EIS study area. 2. The impervious coverage of the currently planned arterials is reduced in comparison to the arterials assumed in the EIS. As a result of this reduced 7 impervious coverage, the peak runoff per acre of arterial is lower for the currently plarmed arterials in comparison to the arterials assumed in the EIS. Cumulative Impacts Qualitative Assessment To provide a specific analysis of the cumulative impacts to outfalls affected by the BCRP, the Harvest Partners proposal and the arterials plarmed by the City of Renton and a comparison of the impacts with those identified in the EIS, the following calculations were prepared: 1. Peak flows at the outfalls receiving stormwater from the three areas were calculated. 2. Calculations assume that the BCRP, Harvest Partners proposal and associated arterials are constructed, and that the remainder of the EIS study area remains in its existing condition. 3. Calculations were prepared for the Case 1 and Case 2 approaches to handling of stormwater runoff, as defined previously in this report. 4. Calculations were prepared for the 25-year storm event, which is the basis of design for new conveyance systems according to the 2001 DOE manual. These calculated peak flows are presented in comparison to the baseline condition and the EIS Alternatives in Tables 8 and 9 below. Baseline (Existing) EIS Redevelopment Cumulative Redevelopment Outfall No. (cfs) Alternatives (cfs) Proposals (cfs) I 69.94 81.82 to 58.27 81.41 to 81.08 13 and 14 73.79 68.95 to 66.28 62.23 to 62.06 15 25.03 19.26 to 15.50 18.81 to 18.44 Table 8 -Case 1 : 25 Year Storm Event Peak Flows at Outfalls Affected by the Cumulative Redevelopment Proposals As indicated in Table 8, for Case 1 at Outfall #15, the Cumulative Redevelopment proposals would decrease anticipated flows in comparison to the baseline condition, and result in flows that are within the calculated range for the EIS Alternatives. Flows identified for Outfalls #13 and #14 are combined, since the pipes are nearly identical in destination, and flows may be split between these two outfalls, dependent on the detailed design of any redevelopment. At Outfalls #13 and #14, the Cumulative Redevelopment proposals would decrease anticipated flows in comparison to the baseline condition and result in flows that are below the calculated range for the EIS Alternatives. This difference is attributable to the fact that the Cumulative proposals include a smaller area of redevelopment than the area included in the EIS Alternatives as described above. If the areas included in the current proposals matched the EIS Redevelopment areas precisely, the peak storm flows at Outfalls #13 and # 14 would be within the range anticipated in the EIS. 8 I At Outfall #1, flows are within the calculated range for the EIS Alternatives, and increased in comparison to the baseline condition. The capacity of Outfall #1 is 437 cfs. Therefore the increased flow would be well below the capacity of the outfall. Baseline (Existing) EIS Redevelopment Cumulative Redevelopment Outfall No. (cfs) Allernalives (cfs) Proposals (cfs) 1 69.94 122.31 to 96.39 107.24 to 106.75 13 and 14 73.79 45.47 to 20.90 38.68 to 38.61 15 25.03 16.45 to 12.51 15.23 to 14.85 Table 9 -Case 2: 25 Year Stonn Event Peak Flows at Outfalls Affected by the Cumulative Redevelopment Proposals As indicated in Table 9, for Case 2 at Outfalls #13, #14 and #15, the Cumulative Redevelopment proposals would generally decrease anticipated flows in comparison to the baseline condition, and would result in flows that are within the calculated range for the EIS Alternatives. Flows identified for Outfalls # 13 and # 14 are combined, since the pipes are nearly identical in destination, and flows may be split between these two outfalls, dependent on the detailed design of any redevelopment. Flows at Outfall #1 are within the calculated range for the EIS Alternatives and would be increased in comparison to the baseline condition. The capacity of Outfall #1 is 437 cfs. Therefore, the increased flow is well below the capacity of the outfall. Summary of Consistency Analysis for Cumulative Impacts The findings of this Report conclude that specific cumulative conditions and calculated impacts associated with the BCRP, Harvest Partners proposal and planned City of Renton arterial development are consistent with the conditions and calculated impacts associated with the range of redevelopment Alternatives analyzed in the EIS. Peak runoff flows from the redevelopment areas would generally be reduced in comparison to the baseline condition, and would be within the range of peak runoff flows calculated for the £IS Alternatives. The peak flow at Outfall # I would be increased in comparison to the baseline condition; however, the increase would result in a peak flow that would be well below the capacity of the outfall. Similar to the conclusion of the E1S, there are no significant impacts to the surface or storm water environment as a result of the BCRP. 9 DATE: TO: cc: FROM: RE: Transportation Engineering NorthWest, LLC May 1,2006 Alex Pietsch, Administrator, Memorandum Department of Economic Development, Neighborhoods and Strategic Planning City of Renton Mike Blumen, President Blumen Consulting Group, Inc. Michael J. Read, P.E. Transportation Engineering Northwest, U.C Boeing Conceptual Plan (Sub-district 1 B) -Transportation Consistency Analysis of Proposed Redevelopment under the Conceptual Plan with the Boeing Renton Comprehensive Plan Amendment EIS - The memorandum summarizes a detailed comparative trip generation analysis of the Boeing Conceptual Redevelopment Plan -Sub-district IB, a proposed conceptual redevelopment plan calling for mixed use development within Sub-district lB of the overall Boeing Renton Plant site. Redevelopment of the 290-acre Boeing Renton Plant site was evaluated in the Boeing Renton Comprehensive Plan Amendment (BRCP A) EIS (2003). Sub-district 1B is noted as Subarea C in the 2003 EIS. This analysis addresses consistency with the transportation element of the EIS, and specifically with the land use and trip generation assumptions that were used to evaluate the transportation impacts of redevelopment. For traffic analysis purposes, proposed uses under the Boeing Conceptual Plan -Sub-dis/ria I B were assumed to comptise approximately 1,478,000 square-feet of new development at build-out, and would include approximately 210,000 square-feet in new office space, 180,000 square-feet in laboratory/technology uses, 535 residential apartment units (assumes 800 square-feet per unit), with the remaining 270,000 square-feet in a mixture of retail uses in 2015. By 2030, an additional 390,000 square feet of laboratory/technology and office uses were assumed to be constructed. Under both 2015 and 2030 horizon years, the existing 660,000 square-feet of Boeing-occupied office space within Sub-district lB was assumed to be sold or leased to non-Boeing owners/tenants. Existing Boeing employees within these buildings were assumed to be consolidated within Boeing operations located in facilities west of Logan Avenue N., consistent with the BRPCA EIS assumptions. This assumption related to relocation of Boeing employees provides a worst-case analysis of transportation impacts from redevelopment (Refer to Chapter 1 of the Consistency Analysis document for more information on the Conceptual Plan for S ub-dis/nCt I JJ). This report analyzes a potential range and mix of land uses within Sub-district 1B from a worst-case vehicle trip generation standpoint. The potential range of uses proposed within the Boeing Conceptual Plan -Sub-diJtria IB could result in a higher total square footage of redevelopment than evaluated in this report. However, to evaluate a worst-case trip generation scenario, individual Development Parcels (DP) noted within the Boeing Conceptual Plan -Sub-district I B were tested to determine which proposed land use and level of development would generate the maximum number of trips for each parcel within 'MNW.tenw.com PO Box 65254 • SeaHle. WA 98155 Office/fax (206) 361-7333 • Toll Free (888) 220-7333 The Landing Trip Generation Comparison with BRCPA EIS May 1.2006 Page 2 Sub-district lB. Based upon this review, multifamily residential uses were assumed in DP-1, laboratory/technology uses were assumed in DP-2, and office uses were assumed in DP-3 and DP-4. Trip Generation Comparison Trip generation methodologies and assumptions applied in the BRCPA EIS were used to estimate a.m. peak and p.m. peak hour vehicle trips that would be generated by redevelopment under the Boeing Conceptual Plan -Sub-distria IB. Table 1 provides a summary of the estimated 2015 and 2030 a.m. peak and p.m. peak hour vehicle trip generation of redevelopment under the Conceptual Plan compared with those trip generation levels used to evaluate transportation impacts and outline mitigation measures for Alternative 4 in the BRCPA EIS (i.e., the maximum redevelopment scenario). Detailed trip generation comparisons to all EIS alternatives are provided as Attachment A. As shown, total off-site vehicle trip generation levels of redevelopment under the Boeing Conceptual Plan are significandy less than those estimated under Alternative 4 in the BRCP A EIS. Reductions in vehicle trip generation from Sub-district lB would range from approximately 272 p.m. peak hour trips in 2015 to nearly 1,129 a.m. peak hour trips in 2030, and the number of trips are substantially less than those levels used to evaluate traffic impacts and develop mitigation for the EIS. Although an estimated increase in entering p.m. peak hour trips (96 p.m. peak hour trips) is estimated to result by 2015 with redevelopment under the Boeing Conceptual Plan versus those levels evaluated in the BRCPA EIS, the significant reduction in estimated exiting trips from the site (nearly 370 p.m. peak hour trips) would on an overall basis result in less trip generation and improved intersection levels of service as compared to those reported in the BRCP A EIS. Therefore, based upon this comparative analysis: redevelopment according to the Boeing Conceptual Plan for Sub-district 1B would result in less peak hour vehicle trip generation as compared to the trip generation reported and evaluated in the 2003 EIS for this portion of the Boeing Renton Plant site; there would be no differences in probable significant traffic impacts or mitigation needs from redevelopment under the proposed Plan as compared to those disclosed in the BRCP A EIS; and redevelopment of approximately 1,478,000 square-feet of new mixed use development in Sub-district 1 B, as assumed under the Boeing Conceptual Plan, is within the range of development alternatives and associated impacts addressed in the 2003 EIS. As noted previously, the potential range of uses proposed within the Boeing Conceptual Plan -Sub- district 1B could result in a higher total square footage of redevelopment than evaluated in this report. However, to evaluate a worst-case trip generation scenario, certain land uses and levels of development in the individual Development Parcels (DP) within Sub-district lB, that were estimated to generate a higher number of vehicle trips, were used in the consistency analysis of transportation impacts. Transportation Engineering Northwest. LlC PO Box 65254 • Seattle. WA 98155 Office/Fax (206) 361-7333 • Tal Free (888) 220-7333 The landing Trip Generation Comparison with BRCPA EIS May 1.2006 j' Table 1 -SUb-district 1 B 2015/2030 Trip Genera Ion Comparison 2015 Development Scenario Enter Exit Total ·.AM',eqlcHoliri .. ," .--c i, .".,' '." / .. ::;:,.;, ;.',j:' : ".," Boeing Concept Plan (Feb. 823 293 ],116 20061 Sub-distnct 1 B Alternative 4 1,487 277 1.764 BRCPA EIS Difference from BRCPA EIS -664 16 -648 . jijWPeCik"Hli>ilri;"; : C--~.~ :~".,>."':" ·;:i.< Boeing Concept Plan (Feb. 450 ]'081 1.531 2006) Sub-distncll B Alternative 4 354 lA49 1.803 BRCPA EIS Difference frorn BRCPA EIS 96 -368 -272 2030' Development Scenario Enter Exit Total 'iMl>kH" " .: ·eo :, OUL." '::'.' ,';, I',j',:',:":,, <,",f;. ,;""" .. " Boeing Concept Plan (Feb. 1,011 420 ]'431 20061 Sub-district 1 B Alternative 4 2,199 361 2,560 BRCPA EIS Difference from BRCPA EIS -1.188 59 -1.129 [Tl1l>eai<:H'9ur ..•• ', .' .... ' .•.•. ',":: ---- V·"> •. ,>. . '. ':'.':, Boeing Concept Plan (Feb, 295 1,354 ]'657 20061 Sub-district 1 B Alternative 4 409 2,047 2A56 BRCPA EIS Difference from BRCPA EIS -114 -693 -799 Note: These compunsons do not consl(jer :additlOTl:l] mode spht adjustments made tn the top genern.l:J.on estlmates evaluated in [he BRCPA EIS, and therefore, ~hould be considered conservative. Trip generation estimates from the BRCPr\ EIS can be found in Attachment B of Appendix E in Volume II of the Draft ElS. Cumulative Impacts -Sub-district 1 A and Sub-districtl B Page 3 Table 2 provides a summary of the estimated 2015 and 2030 a.m. peak and p.m. peak hour vehicle trip generation for the cumulative redevelopment under both The Landing (Sub-district lA Master Plan and the Boeing Conceptual Plan (Sub-district 1 B), as compared with those trip generation levels used to evaluate transportation impacts and outline mitigation measures for Alternative 4 in the BRCPA EIS (i.e., the maximum redevelopment scenario), Detailed trip generation comparisons to all EIS alternatives are provided as Attachment B. Note: A separate consistency analYsis has been prepared for The Landing Master Plan proposal,' see Chapter f of this Consistency AnalYsis document for description of The Landing, Sub-district fA redevelopment proposal As shown, total off-site vehicle trip generation levels from redevelopment under the Boeing Conceptual Plan (Sub-district tB) and the Landing Master Plan (Sub-district lA) are significantly less than those estimated under Alternative 4 in the BRCPA EIS. Reductions in cumulative vehicle trip generation Transportation Engineering Northwest, llC PO Box 65254 • Seattle. WA 98155 Office/Fax (206) 361 ~7333 • Toll Free (888) 22()'7333 The landing Trip Generation Comparison with BRCPA EIS May 1, 2006 Page 4 from Sub-district 1A and 1B redevelopment would range from approximately 720 p.m. peak hour trips in 2015 to 3,935 a.m. peak hour trips in 2030, and the number of trips are substantially less than those levels used to evaluate traffic impacts and develop mitigation for the EIS. A& lB201 Total not ms. and therefore, should be coru.-idered conservative. Trip generation estimateS from the BRCPA EIS can be found in Attachment B of Appendix E in Volwne II of the Draft EIS. 1 -By 2030, no increase in additional development is assumed within Sub-di!itrict lA IIowever, due to future additional redevelopment within Sub-district 1B between 2015 and 2030 more vehicle trips within Sub-district lA would internalize within the site area. As such, a slight reduction in total off-site trip generation by redevelopment in Sub-district lA is expected by 2030 over those levels estimated-in 2015. TIUs charactt.-nstic: ll; cQnsistentwith the trip generation methodologies and assumptiom;: applied in the BRCPA EJS. Although an estimated increase in entering p.m. peak hour trips (368 p.m. peak hour trips) is estimated to result by 2015 with redevelopment under the cumulative buildout of The Landing and the Boring Conceptual Plan versus those levels evaluated in the BRCP A EIS, the significant reduction in estimated exiting trips from the site (nearly 1,090 p.m. peak hour trips) would on an overall basis result in less trip generation and improved intersection levels of service as compared to those reported in the BRCPA EIS. Therefore, based upon this comparative analysis, cumulative redevelopment proposed in Sub-district 1A and 1B would result in less peak hour vehicle trip generation as compared to the trip generation reported and evaluated in the 2003 EIS for this portion of the Boeing Renton Plant site. As such, there would be no differences in probable significant traffic impacts or mitigation needs from redevelopment under the proposed Plans as compared to those disclosed in the BRCP A EIS; and cumulative redevelopment in Sub-district 1A and 1 B would be within the range of EIS alternatives and associated impacts addressed in the 2003 EIS. Transportation Engineering Northwest. llC PO Box 65254 • Seattle, WA 98155 Office/Fox (206) 361-7333 • TaU Free (888) 22().7333 The landing Trip Generation Comparison with BRCPA EIS May 1, 2006 Page 5 Infrastructure Comparison In addition to the trip generation analysis above, key transportation planning assumptions and infrastructure needs outlined in the BRCP A EIS were reviewed to identify whether any significant changes have occurred since the Final EIS was issued in October, 2003. The infrastructure needs comparative analysis was conducted using Network B -Baseline Network 2015 from the Draft EIS (see pages 35-36 and Figure 15 of Appendix E in Volume II of the Draft EIS). Network B assumes that the transportation network essentially remains as it is today, with the inclusion of certain planned, local roadway improvements identified in the City of Renton's Transportation Improvement Program, transit service improvements and non-motorized facility improvements. No improvements to the regional freeway system are assumed for this network, consistent with the EIS assumption for Network B. Three main transportation infrastructure needs were outlined in the EIS: • Intersections • Arterials • Freeway Access Subsequent to the EIS, the Boeing Company and the City of Renton entered into a Development Agreement in December 2003. Based on this agreement, the City is completing design engineering and will be constructing improvements to the local roadway system that will serve the Sub-district 1A and 1 B redevelopment area and provide a basic street grid system within the sub-districts. This includes improvements to Logan Avenue, Park Avenue, North S"' Street and North 10"' Street to be implemented by the City, as well as certain on-site access and circulation improvements to be constructed by the applicants. These planned improvements to the local road system will provide capacity at a level that is higher than required to serve only Sub-district lA and 1 B redevelopment in 2015 or 2030. Per the EIS, this through "public street" system was not required to support redevelopment levels evaluated in the EIS for Sub-districts lA and 1B by 2015 or 2030; instead, these improvements were required to support the redevelopment of that portion of the EIS study area west of Logan Avenue N., defined as District 2. Specifically, the City planned improvements include initial arterial segments and key intersections constructed along: )i> N S'h Street (reconstruction between LogAn Avenue and Park Avenue) )i> N 10,h Street (a new arterial between Logan Avenue extension and Garden Avenue) )i> Logan Avenue (extension from N 6'h Street to Park Avenue) )i> Park Avenue (realigned to provide a new T-intersection with Logan Avenue extension). The following provides a comparison of the identified transportation infrastructure needs in 2015 from the BRCPA EIS with the needs of cumulative buildout of Sub-districts lA and lB (Subareas A, B and C in the EIS). As identified above, given the significant reduction in vehicles estimated to exit the site under redevelopment proposed in Sub-district lA and IB by The L:mding Master Plan and the Boeing Cont"eptual Plan, all infrastructure needs identified in the BRCPA EIS would either be mitigated through Transportation Engineering Northwest.llC PO Box 65254 • SeaHte. WA 98155 Office/fox [206) 361·7333. Toll free [886) 220-7333 The Landing Trip Generation Comparison with BRCPA EIS May 1, 2006 Page 6 these reductions or as part of the planned transportation improvements to be implemented by the City of Renton or the applicants. Intersection Needs :» Location: Intersection #10/#11 (park Drive/I-405 NB/SB Ramps). Identified Deficienq: Eastbound volumes exiting the site. Mitigation Improvement Identified in the EIS: Reconfigure northbound access ramp and possible changes to southbound ramp junction to accommodate access changes. Conclusion: Reductions in exiting site traffic that would result from cumulative redevelopment under the Sub-district lA and 1B plans would completely mitigate impacts to these intersections and the interchange system; therefore, the improvements identified in the EIS would not be required. :» Location: Intersection #12 (park Dr/LWB/Garden Ave). Identified Deficienq: Westbound left turns and eastbound through volumes. Mitigation Improvement Identified in the EIS: Remove westbound left turns at the intersection. Conclusion: With implementation of the City's proposed changes to the intersection (addition of another westbound left turn only lane), the intersection is forecast to operate at LOS E with cumulative redevelopment of Sub-district lA and 1B in 2015; therefore, cumulative redevelopment impacts would be fully mitigated at this intersection. :» Location: Intersections #13, #14, and #15 (park Ave/10th, Boulevard of Champions/727 Avenue, Park Ave/8th). Identified Deficienq: General site access improvements to address congestion. Mitigation Improvement Identified in the EIS: Tum lanes and intersection approach widening to accommodate site access. Conclusion: All site access improvements and internal roadway infrastructure will be completed by the City and the applicants to provide adequate site access and mitigate deficiencies at these intersections; no further improvements would be required. . :» Location: Intersection #20 (park Ave/N 6th Street). Identified Deficienq: Southbound right turning movements. Mitigation Improvement Identified in the EIS: Construct a separate southbound right-turn only lane. Conclusion: The construction of Park Avenue/Logan Avenue as a "thru street" by the City will mitigate impacts to this intersection. Therefore, the deficiency identified in the EIS at this intersection would be fully mitigated. Note: Locations and Intersection codes reflrmccd above arefound in Figure 3.10-3 on page 3.10-6 of the Draft EIS. Arterial Needs :» Location: Park Avenue Identified Deficienq: Directional volumes exiting the site (eastbound). Mitigation Improvement Identified in the EIS: Potenrial arterial widening. Conclusion: Planned City infrastructure improvements and reductions in exiting site traffic that would result due to cumulative redevelopment under the Sub-district lA and IB plans would completely mitigate impacts to this arterial. Therefore, no widening to Park A venue between the site and the 1-405 interchange would be required Tronsportation Engineering Northwest. llC PO Box 65254 • SeaHIe. WA 98155 Ottice/Fax (2061361-7333 tToll Free (8881220-7333 The landing Trip Generation Comparison with BRCPA EIS May 1, 2006 ~ Location: Bronson Way Identified Deficiency: Directional valumes exiting the site (southbound). Mitigation Improvement Identified in the EIS: Potential arterial widening. Page 7 Conclusion: Reductions in exiting site traffic that would result from cumulative redevelopment under the Sub-district lA and lB plans would completely mitigate impacts to this arterial. Therefore, no widening to Bronson Way over the Cedar River would be required. Freeway Access Needs Location: 1-40s/Park Avenue Interchange -NB On-Ramp Identified Deficiency: Directional volumes exiting the site onto northbound 1-405. Mitigation Improvement Identified in the EIS: Potential interchange reconfiguration or direct access ramps. Conclusion: Reductions in exiting site traffic that would result from cumulative redevelopment under the Sub-district lA and 18 plans would completely mitigate impacts to this interchange system. Therefore, the existing lAOS/Park Avenue interchange would not require any improvements to support cumulative redevelopment under Sub-district lA and lB. Based upon the review of key transportation planning assumptions and infrastructure needs outlined in the BRCPA EIS, no additional infrastructure improvements would be required to support cumulative development under the Sub-district lA and 1 B plans as compared to those levels of infrastructure improvements assumed within the EIS. Current plans for Sub-districts lA and lB redevelopment would result in a significant reduction in peak hour vehicle trip generation, as compared to the trip generation reported and evaluated in the 2003 EIS. In addition, the City intends to construct improvements to the local roadway system that would serve redevelopment levels beyond build-out of Sub-districts 1A and lB. , therefore, the remaining development within Sub-district lB that is assumed to be constructed after 2015 (390,000 square-feet in office and laboratory/technology uses) would not result in significant impacts nor require additional infrastructure improvements. Lastly, if redevelopment of Sub-district 1 B is considered as a standalone project in comparison to cumulative redevelopment assumed by 2015 in Sub-districts lA and 1B, there would be no changes in conclusions regarding transportation impacts or infrastructure needs. Transportation Engineering Northwest. LlC PO Box 65254 • Seattle, WA 98155 Office/Fax (206) 361-7333 • ToU Free (888) 220-7333 Attachment A Detailed Project Trip Generation Estimates Draft for Review Boeing Renton Plant -Subarea 1 b Redevelopment 2015 Comparative Trip Generation Levels of Net Off-Site Trip Generation Difference from Subarea C (BRCPA EIS) Peak Period nter nter Xlt ata AM Peak Hour PM Peak Hour 328 AUern8tive 2 -Partial R.devel ment AM Peak Hour PM Peak Hour 452 AUernative 3 -Full R.d.vel AM Peak Hour PM Peak Hour AUern.tive 4 -Full Redevelo ent Mld-to Hi h-Rise) AM Peak Hour PM Peak Hour -272 Note: These comparuons do not consider additional mode split adjUStments made in [he trip generation estimates e'oUuared in the BRCPA EIS. and therefore, should be I;Onsidered cORliervacive. Transportation Engineering Northwest 312812006 Attachment A Page' Draft for Review Boeing Renton Plant -Subarea 1 a& 1 b Redevelopment 2015 Comparative Trip Generation levels of Net Off·Site Trip Generation BRCPA EIS Peak Period xit AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour iAM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour The landing and Boeing Concept Plan (212006) otal --I -Cnter-'-----CxiT ota Alternative 1 -No Action Difference from Subarea A, B & C (BRCPA EIS) nter xit ata 645 -720 Note: These comparisons do not consider additional mode split adjustments made in the trip generation estimates e,"31uated in me BRCP A Ers. and therefore, should be considered consen·arh-e. Transportation Engineering Northwest 3/28/2006 Attachment A Page 2 Draft for Review Boeing Renton Plant • Subarea 1 b Redevelopment 2030 Comparative Trip Generation Levels of Net Off·Site Trip Generation Boeing Concept Plan (212006 Peak Period Enter Exit Total Xlt ota Alternative T • No Act/on AM Peak Hour PM Peak Hour Altern.tive 2 • Pa~1 Red.velo ent AM Peak Hour PM Peak Hour Alternative 3 . Full Redevelo ment (Low-to Mid·Rise AM Peak Hour PM Peak Hour Alternative 4 . Full Redevel ment (Mid. to Hi h-Rise) AM Peak Hour PM Peak Hour Note: These comparisons do not consider additional mode split adjustments made in the trip generation estimates evaluated in the BRCP A EIS, and therefore, should be considered conservative. Transportation Engineering Northwest 312812006 Attachment A Difference from Subarea C (BRCPA EIS) ~~ ',- ':',,4415 ,;;,,';\" ' ··570· ~; -799 Page 3 Draft for Review Boeing Renton Plant -Subarea 1 a& 1 b Redevelopment 2030 Comparative Trip Generation Levels of Net Off·Site Trip Generation The Landing and Boeing Concept Plan (2/2006) Peak Period Enter Exit Total r-tilter EXit Alternative 1 . No Action AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour lAM Peak Hour PM Peak Hour 'AM Peak Hour PM Peak Hour Note: These comparisons do not considt!f additional mode split adjustments made in the trip g:nemtion estimates 1!'.-aluated in [he BRCPA ErS, and therefore. should be considered conservative. Transportation Engineering Northwest 312812006 ota Difference from Subarea A, B & C (BRCPA EIS) nter xit ota 1,132 ·642 ·2,692 Attachment A Page 4 \ . • CI' !--';"'~ :; ). . , " Rerum Address Office of the City OeIl< RelIlon City Hall 1055 Solllh Grady Way Renton, WA 98055 /, MAY - 7 2007 RECEIVED, , .. : .. -.-,' --'. DQtlJlDeJlt n~{si ("r transactions !»Dtimed therein): l:~iA~t, ',., ' .. " .. ,. . .,. " ' .,.. " '.' . ' Re!ertlli:e Nnml>er(') of Doaunents assigned or released: (Ollpage_ofdocuroents(s» , Grantor(s) (Last name fiT5\, then first name and initials): 1. ~l:loI:ing~ Gr~~s) (Last.pame fust; \hen first name and initials): I. Cityof~ , ., . " " . , '" . POItiODS ofRen!"" Farm PIal, RenlonFann Plat No, 2.PJalof!;artorisvill!; Renton lIoiIllt WoIks Short . P1a~.~.FliniiAcreagePIi.t; CilytlJtCld6n Short Fbi. tJt Adsit's l.ake.~on~at, and ,~l.oI$.l.2, anda,-S1R08~S TAXI-OT 55 PCLlli!OEIN6,~tfa23oo T:AXU,Yl'HS 'PeL ZB~~srItOgp~5 T,I\XLql\~liJL3 BOElNG;STR il823<1sTAXllJT IHcL-4 BO:aMl; STIt Dp305'tA)d1Jf'9'PCLS,ilJO$P, $TR 082305 T 4XW1;i37FCt.~J,l~.s:fitOIm()5; " T~,t().5}>igLi1:B0mN6;S'ntil8236'5TAXtar l5Z PCL 8 BOBlNG, STR Om05 'l,'AXLQT J .iU911~Gt'$1t()7l3051"AXL€ri'46PCL:l()BOmNG. sri. O823OSTAXLdr Ii peL it . BOEINo; STR ()8230S TJ\XLP1',l&Jm.l2:BOElNG. STR 082305T~19Pci; i313OEmG; STR omos TAXLOT 100 PCL 141100iNo,' srit 082305 rAXLOtz04l'CC15'nOElNG. @l!iiiI,legalisOl1,j)lIgeSStl\roU/lh l71lf'document ' , , ., ~~~~~Yr~taZteilA~(N1Im,bet . ,,' .,'... ' "....,. .'.' Pord'oilS otlhe rolJowiDg:-#156460-0055--{M, //7223(){H) llS-D~.#722~oo,.oaaQ.OOi6082305-9OlWOO. 11082305-9209';:00, -IOsri05c 9031iOt,f1223bo-oiOS-oo. fIo$2jO~9IS~-D7, #oti,3o~9(j()I-'lll, fl97230:;'· 9046-08, iI082305-9011-D8, iIOS2305-9187-D6, 1/082305-9079-DJ, i#o?2305-9100..01,iI08230.s:.9204cQS. .... , '. , ~3003-01051SB020080,OSlI .. j j j j j j j j j j j j j j j j j j j j j j j . ..,.... 'GO • i!;:l . .,.... :.: ':< :-,' -:--', -:' . .' <,-,,:-,' ., .;.< .-.<'",1';':-_j~.,:~.~-'_ .~:---:" . '\,,~&~~AGREEMENTBE1WEEN '.' '" 'iii;D;EjJ~i!iJ;N4¢fj)~~ AND TIm CITY OF RENTON . 'Si\:OIt'tllEBEtElNG RENTON AIRCRAFT . > ····~'*tf:rmu:NGFAClLITY TPREAMBLE This DEVELOPMENT. AGREEMENT ("Agreement") betWeen THE BOEING COMPANY ("Boeing"). a Delaware cOlpOration.and the CITY OFREN':(O~ ..... . . (-City"). a pinnicipal corporation of the State of WashingtOn;· is entcl'edlido.pmSiiailt to the authority .ofRCW 36.70B.170 through .210, under whichii1~idgove.mtnent·. may enter into a developuumt agreement with an entity having owriership or contro1.9f . nial property within its jurisdiction. . .. '. . n. RECITALS A. Boeing is the owner of certain real property. known~stheBbeiiIg" .. ,Renton Aircraft Manufacturing Facility ("Renton Plant" or "Plant,,},;loeatedmilfe City of Renton. King Comty. Washington. as more p3{ticnl;lIly describetlin . Attacmnent 1, which is auachedhereto and 1:>Y thisretWaree incoxpomtm'hCreiiL' .' B. The Renton Plant consistS ot:appI\)~1y2'19<8CreB.locate~lat;tbe .'. '.' • south.~d()fl.akeWl)SlJingt~i,n the CitYofReDton."fh(dnajm,ity.ofthePl~tSt'teis l()c;rttdwithiti ili~lndustrial.Jfeavy("m")Zo.nilig~$lIiQtanlJ 4aCSi8nafe~(·. " ..... '. " E'mpioymenrAt-ea-Indbifrialbythe CitY~·Co.mp~~v.e,.plan;.':AD:,ItP.Pit)~~, . Zl-actepbrtionll.lau$tlIe ~~$,~bQmldaty i$ZOuedJIl an" iltleSignlded'&ytbe: Comprehci:IsivePl:ati as,~~(;yDle4t Area-TransiiibrttIJdethh),. . . .' . ,; : . -',' .':' -.' . "-. -: ,'. . ·~l.;' 'J ,.' _ (_' .. , ...... " -.", . . :" C. The Renton Plmt was originallydeY~l~d f(lr.Ft>nstmotiQn;e£~ ; aircraft during World War n, with the first Plant llu,il.dingsoomplete;d ill194~~ijol' . ~dingconstruction occnrredinthe decades()ftlltiJ9~~lilid1960s:jjYJ?8?)fie·,:.· RentonPliiiit oon"ed 69niajbr biUl(ijDg,Swtth a total e~~Josed.fl60i~i)r·.·· .. , . '. "ppro:ifu1afuIY6~'Dillli()llsquare·feet.. .' . .,... . , /' D.. In·the late 1980s.·Boemgplannedan expansion <>fthe·Plantto accommodate projected production needs for the 1990s and beyond. For that proposal, the City of Renton issued an environmental impact statement (>lEIS") pursuant to the State Environmental Policy Act ("SEP A") that disclosed and analyzed the environmental impacts of the addition to the Plant of new buildings and increased employees. DEVELOI'MENT AGRE£MENT IroooJ..(l)051S1lO20080'(lllj pAGEl .~ 1 . . ' ..... 1 1 1 1 .. ~ 1 .,.. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , ! -d- «'Y c-. Q. "",,' c:> .,.., (" 0;:, a:J< 0:=> ....... .e> . """. -ct"'II- E. The: EIS describes, among other aItemauyes, 'a"Pt~posed Action" to add fourstruetures (1he4.8(> building, expansion ofthe:4-'s2 building, a 16;OOO$quare foot addition to tb~exi~g4"'86 building, arid c6i1stru~tionofasix:-]e:w.lp;;ikilig garage ) and 1;500einplo~tosllpport a forecasted prod,ucuonmi:j'e:ase:: ·.Based.on .. impacts ofthei.FtoposedAcuotli a "Mitigati()n Docume:nt~ dated F~ltrifarY2{» 1991i and revised March 7, 1990,wa$.issued t,ythe City's Enviionmeiithl ReView . . Committee.{~ERC"), . ';c _ ,," : ' .' .-. _ . '. _ _ _ __ .--:r-': _.: .:. "-, _ --'., F. The EIS establishes that, without theeXpari$i()i1 des¢be!1hytbe Proposed Action, the Renton Plant generated 28,140 average daily vehicle trips and 4,060 p.m. peak bour vehicle trips. The EIS estim,iltes that implenttn:tation of the Proposed Action will JesuIt in the addition of as many as 3,015 veblcletrips per day and 435 p.m, peiik~~lI£~vehjeletripsJle.t day. . G.BOeingandtheGty,agr:el!thatadditi~development.ofilie.:Q,eJito# . .. Plantsholild:b.e regulateda,ldmitigatedinorderi()prQvidecet;tainty·anddfi.Ci~CY· . with respeotto the City~'$llpplicable review and;approyal.ptoeesSe8',Acceplinwy, •. Boeingahd the Ci:tyw;shtoenter into a Devclopment AgreementaddresSipgcertain aspeitts of Phase 1 and Pha1icU (as definedbelow)deve]opinen,t lll1dtherttt'ote agree/ls follows: . . . .' . ID. AGREIDMENT' 1. Definitions:.il-OtPliIposesiofthis'Agteefttelit,."PhaSer~d~ri~,by .' the EIS as the "No Action Alternative," shall include Renton Plant development . eXOOnlras ofthedateUtllttheMitigationI)ocumt:tftiwlis;i~8ued. "phase n" shall cOI)SiStofthePtliposediAel:ibil as aria1yZedand'1'llitigated by"theEI$ 'aDlfthe' ....•.. -' Mitigatitlll Docllilieftt;,tWpectively, and/or suilhotherptaljs';thrde~lopifi~h't;' .. redevelopment of the Renton Plant site that may from time tQ time be approved by the. Ci,ty. 2. '. ." VeSlfugandTebbQfAgreeinenl"Thtr~-W's'land?'lls~:feguJi.tiQJ,l$: m'; .',: " e:tfect·andapplicabkitoPi*t;N.PpliCiltiQns.Mofthe'nto~g:dare,.t)f,tiiis Agt-l!e.nent sb-all govltrn (a)the eontinuea1lSe aildttperlitiOJl'tlfPhlIsel{orllifPlane'tt1I1tlUfaatiiriJig pmposeSa.ntlany'other Boeiogoperation{ll)P.haSc U.deveJopment''tlpplieatioDs . submitted to the City within 45:YeatS,:(fom the:~~rdittg,dateQf thisAgreem;mf,sO .: long assueb applicationsar~ forairplane manufacturing uses .. ' Notwithstanding the . foreg6irit;llieCity tesetvestheanthotity under RCW 36.70B.l'1f1(4}to imp'ase new or different regulations to the extent te:quired'b)7 it!:eno'i1s thteat tdPilblle heiilt1i:artd" safety, as determined bytbe Renton City COlIDCil after notice and an opportunity to'be heard has been provided to Boeing. DEVELOPMENT AGREEMENT (03003-01 05/S1lO2OOS0.05I) 3. Land Use RegyIauoru;, FQrpurpbsei; of this-Agreement, "land usec~~ regu1atipns~ mean.s ComprehenSive Plan policies andzoningslandards ineffectasof'~ the. Ililte of ibis Agreement; provided; how~ver. tblitBdeingmay eIect··ilt.itS diseRtion thiltCootpreheiWveflanpoIiciesandzonilig,staIidardS'aoopledaftertbe,~, dateoftbisA..greementShall apply to all or'pmi of Phase II development. 'For ".' pmposesofthis Agreement,: theCUFl'ent C()mpitiliensivePHm designation of the. Renton PJantsite is Employment Area -Industrial and the zoningde$ignation applicable to the Rento» Plant site is ill pursuant to the March 15. 2002 Zoning Map asadoptedby'1heCitjr Thuncil. . 4, . 'BaselineVehicleTijps. '. . 4.1' CalCulation ()fFuttye Tulmc.lptpactS·andMjtigation., EXiSting vehicle trips associated with Phase I. deScribed by the EIS as the "No Action . A1temative~"(i.e .• 28,140 avetagedailytOps~·4~06(tpoin.peaJc'hotit'trips}shall be considered to,.bevestedandto fotm the"'basc!lliietiiPs~ foipmposesof Iheanalysis of . transportaijon linpactsass()()iilted .with'PhaSeHdevelopmentetredevelopme:ntofall or a componenl,t.'{'lhe Ren~pn :trlant site. Por example,.andWiIhQut liiniting1hc '. ioregoi1lg,.' :ifB()ein~elecf$to dispose.ofor re4evelopan~. . ...•... ' .•.. 'ii' ~enfoftbe' ',' Renton Plant site.Gill or a portion of the baseline trips y yi to that< . .' ' , component of the site when calcuJating and determining -;-;: '. e nPtigation of . e transpQ!!ation impacts !!pplicl!;\}I".toth.at'compOnent's redeve]opmeB!j . .... . • only those traffic impacts that exceed the impactsassociatM with the "haselinetOps· sfuill be su~ject to""tran"S}XIl1a1i(lJi mitigation, .• i" .. ' . " ,--. ,-. .' .. 4':2TG!fficModeliP~"B~·~ps~.3$;4~~.iinPiijll~4.1 ~bove(i~,. ~~14~ayOl1l&e d!!#Ytril>s.and.4.~;,V;n,1~J?CaJcf0:",;fllps)~ailb~:;>i; mclu4ed$Jhe,City~s.trafficmodelforpwpE)S¢$·ofestiJ,na.1;iDgfuttu~fnnilWO.rnmQll:'· impacts.. ... ..... . ..". .' . '-: .'. ". . , ,.'. -; , 5. Other Mitigation Fees. With respect to impacts to public services' &her thatJ;~a~o.n,;f)ltqrebui1dingdelllOJition&at theRent~'p'~~t,~jte shall be • ~lijiblc<ifor ·l'~develoPB.\ent Credits." whic .. $llItlloilSetjlU)yapp~blenUtig.atip4:9t' . ·im~"fee,s;'iDI>Ju,d,ing.b-utnotJimited.to.Wtigation,fcesfOrfirealldwa~s~} that wQuldotbc~e be assessed by lheCity,onthebasis'of square fOQtage.(}f:ncw,' floor 'areaforcmch·squatefoofoffloor~ 'dtilloJished. ' ....•. ; ',' , ..• ~. MttiMttAA,Doc!!ment, Totheetl$llttblitthisA~~t cri~flj~ts\~ the Mitigation!loclllDCJif.;this Agr~ement.contrQls. . . . . . ~. DEVELoPMENT AGREEMENT . [03003-0I05l81lO20080.05I) ,. "" ) "_/. . .. ..,. , , .= = .... -.r'" )~ b 7. Recording. this Agreement, upon execution by the partiesandapprov.d of the Agreement by resolution of the City COlJl)ciJ,$hall be recorded with the Real P.r()peI:ty Reg>rds Division of the King County Recbrds anifElections n!;p!lffutent. .' '.--, _ -': __ -._ .-. "_ '. • r . 8. Successors and Assigns. Thi$Agte~entsball bindandiu,ureto me benefit ofBoe~g and the City of Renton'*if'jh~irSb~S9rs iii interest':ifud maybe assigned to succeSsors in interest to all ()r~Porti()n of tbeRentoD Plant propeI1y. Upon assignment and assumption by the~gn~(~}()f allq'i?ligations under this Agreement,B.oeing.shall be released :fiulll,aUot)iiga1tOfi$:~er this Agreement .... ,' ;;-' 9. . CoUntemarts.This AgreenieJ)ttQlly~ c#'e<futed in cOlmterparts, each of which shhlrbe deemed an original. . '<' ." ;,:,' '. ' 10. Expiration. This Agreement, unless rescinded by Boeing or its successors in interest, shall become null and void 45 (45) yearsfro:ln dIe pateo! •.. recording of this Agreement . , -." bllVEWI'MENT AGREEMEI'lT [O'Joo).() ID5iSB020080,O~ I ) -.' . ..". • c:>. : ..... ATTEST: . '-,-~ , , ,.' -.' ---. . ." "~''J'' . tih···.~· ;:' . . '..: -" -', ~ -.: , .. ' - By: j~biiM.e i.lt41ton Its -C1 tiClt.xk '. '. ': ~ .... '.. "'asto'fonn: .. ' . ....... ~~~ . CitY Attomer . .' .' -. STATE OF WASHINGTON ) -)ss. COUNTY OFKIl'{G . . ) On this day of June , 2002, before me. the mid~signed. a Notary Public in and for the State of Washington, duly coinmissioned aJ)d sworn, persoruillyappeared Jesse Tanner , to me knoWn to be thept:J:SOn who signed:caS Mayor of the CITY OF RENTON, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that ho. . was duly elected, qualified and acting as said officer of the corporation, that he was authorized to execute said instrument and that the seal . affixed, jf any; is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. _ . DEVELOPMENT AGREEMENT ~IOSI81lO2OO80_0SI) ~.D.~J!_ (Signature of Notary) . . Su.~~f\ ])_ ~lIr-tQ (print or stamp name of Notary) NOTARY PUBLIC in and for the State ofWas~gton; resid~g at S~H:l: My appomtment expJTes: ----=91-1-Fl-qpp~ ... ,,c--. ...... .,.... eN. c:» = <=> ('",\ ...... )~ co THE BOEING COMPANY '. .~. -. D~t,.wrrA~ ItsB0200800S1.DOCI ','.' " " ':::; .. , By: lis: . - .-:, . PhHip VII. Cyburt Vice PJeside'ht-- ,"-,:,.' .~ ,", '. -,-", "", .,. . .. :" - I ! \ \. CALIFORNIA ALL·PURPOSE .ACKNOWLEDGMENT Siale III CaIiIoniia County 01 ~ AI-lt;.l:.l.65 . -'-'.' On dl!t..I~,O].;i.c.:t:9-, before' me, t>AWJJ t;.:si!,t.~, NoTP,lit ~U(/' .!lo1o .. ,.' ......... 'to!t •• __ ...... ' .... -""'"i ... Personally appeared PH Il.IP' W. ey W.(..,T '. ... ';. -:~ ~~::.~ .' '. -"~ . . .... -,-'" Il4 personally I<noWn Itt me '.' .-~' "." c.····· o proved 10. me on the basis 01 saIIsIacIory evi®nce 10 be the person(&) whose na~ IsIere subscribed 10 the. within Insbumenl and acknowledged 10 me thellleklleAhey exearIed Ihe same' in hisJtlerllheir authorized capacily(les), and Ihal by hislbe[4b&ir siglalUr9(Gt on the insIrumenllhe person(e). Or lhe entity upon behaU 01 which the person(s} acted, executed thelnslrumenl. 't:n my hand and offiCi. 'a1 seal. . . t.~ClI>-U-- ----------~----~--~opnONAL----~---------------­ , 'ThC1Igh 1M __ Is no! reqvIred "" law; • may ptOlI8 _10".,..".. ~ 011 "'" do<tmenr and «>IJ/d ptwenI __ romo>aIand "",1fadJo.,..~ of this form /0 _-....."" Description of AtJached Document ljUeorType 01 Document __ ,--_------------------- Documenl Date: _______ ~-__,_------Numberol Pages:,-. ___ _ Signel{s) OIherThan NamedAbove: _______ ~ __________ _ Capacity(les) Claimed by Signer Signer's Name: _____________________ _ o individual o COIporate Officer-Tllle(s): ---,,--______________ _ o PaJInei -0 LImiI.... 0 General o AIIomey-in-Fatt o Truslee o GuardIan or Conservator D~~ ________________________________ _ Signer Is Represenli'lg:. _____ --' _____ ---, ______ _ ......... - " I . ~ "). . , i. i Return Address Office of the City Clerk Renton City Hall 1055 SouIb Grady Way Rentoo, WA 98055 11111111111111 20031210001637 CITY OF II£HTOII AG 11 II PAGE,,! OF 873 • lZ/18/21e3 IZ:ZZ KIIIG COUNTY, IIA DocJODellt ntle(a) (II" transactioos contained therein): I. Development Agreement for Renton Plant Redevelopment Reference NDlDber(s) ofDocameJIta usigDed or released: (on page _ of documeots(s» Gl'lIDtor(a) (L8st Dame first, Iben first name and initials): I. The Boeing Company GTlIDtee(S) (L8st Dame first, Iben first Dame and initials): 1. City of Renton LepI deseriptioD (abbreviated: io. lot, block, plat or sectioo, township, range) Paiioos of :Renton Farm P1at, Renton Farm Plat No.2, Plat of Sartcrisville, Rentoo Boiler Works Short Plat, Renton Farm AaeagePlat, City of Renton Shoo Plat, C.R Adsit's Lake Wosbingtoo Plat. and Govemmmt Lots 1,2, and 3 -STR 082305 TAXLOT 55 PCL I BOEING, 8TR 082305 TAXLOT 115 PCL 2 BOEING, 8TR 082305 TAXLOT SSO PCL 3 BOEING, 8TR Olmos TAXLOT 19 PCL 4 BOEING, STR 082305 TAXLOT 9 PeL 5 BOEINO, 8TR 082305 TAXLOT 37 PCL 6 BOEING, STR 082305 TAXLOT 105 PCL 7 BOEING, STR 082305 TAXLOT 152 PCL 8 BOEING, STR072305 TAXLOT 1 PCL 9 BOEING, STR 0723()5 TAXLOT 46 PCL 10 BOEING, STR 082305 TAXLOT 11 PCL 11 BOEING, 8TR082305 TAXLOT 187 PCL 12 BOEING, 8TR082305 TAXLOT 79 PCL 13 BOEING, 8TR 072305 TAXLOT 100 PCL 14 BOEING, 8TR 082305 TAXLOT204 PCL 15 BOEING. [RI FuIllega1 is 00 pages __ through __ of document. .Aasessor'll'roperty TuP.n:dI~t NlUDber Portions. of the following: #756460-0055-04, #722300-{)} 15-08, #722400-0880-,00, #082305-9019-00, #OS2305-9209-OO, #OS2305-9037-08, #722300-0105-00, #082305-9152-07, #072305-9001-01,1/072305- 904i;!os, #082305-9011-08,#082305-9187-06, #{I82305-9079-07, #072305-9100-01, #{I82305-9204-05. (/BOErNG De\' Agreement 11·24-03.doc:] 11/24/03 RetumAddress Office of the City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98055 Document TItle(s) (or transactions contained therein): 1. Development Agreement for Renton PIant Redevelopment Reference Nomber(s) of Documents assigned or released: (on page _ of documents(s» Grantor{s) (Last name first, !hen first name and initials): 1. The Boeing Company Grantee(s) (Last name first, !hen first name and initials): 1. City of Renton Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Portions of Renton Farm Plat, RentonFann Plat No.2, Plat of Sartorisville, Renton Boiler Works Short Plat, Renton Farm Acreage Plat, City of Renton Short Plat, c.R. Adsit's Lake Washingtoo Plat, and Govermnwt Lots 1,2, and 3 -STR 082305 TAXLOT 55 PCL I BOEING, STR 082305 TAXLOT 115 PCL 2 BOEING, 8TR 082305 TAXLOF·880 PCL 3 BOEING, 8TR 082305 T AXLOT 19 PCL 4 BOEING, STR 082305 TAXLOT 9PCL 5 BOEING, STR082305 TAXLOT 37 PCL 6 BOEING, STR082305 TAXLOT 105 PCL 7 BOEING, 8TR 082305 TAXLOT 152 PCL8 BOEING, 8TR 072305 TAXLOT 1 PCL 9 BOEING, 8TR 072305 TAXLOT 46 PCL 10.BOEING, 8TR 082305 TAXLOT 11 PCL 11 BOEING, STR 082305 TAXLOT 187 PCL 12 BOEING, 8TR 082305 TAXLOT 79 PCL 13 BOEING, 8TR 072305 TAXLOT 100 PCL 14 BOEING, 8TR 082305 TAXLOT 204 PCL 15 BOEING . . [!] F\IlIlegal is 00 pages __ 1hrough __ of documeot. AIsessor'sProperty T81hreellAeeount Number Portions of the following: #756460-0055 c04, #722300-0115-08, #72240()"0880-00, #082305-9019-00, #O82305-9209..(){),#O8230>-9037-O8, #72230()"0105-O0, #082305-9152-07, #072305-9001-01, #072305- 9046-08, #08230>-9011-08, #08230>-9187-06, #082305-9079-07, #072305-9100-01, #082305-9204-05. [/BOEING 1l·24-03.doc] 11/24(03 ORIGINAL DEVELOPMENT AGREEMENT BETWEEN THE BOEING COMPANY AND THE CITY OF RENTON FOR REDEVELOPMENT OF A PORTION OF THE BOEING RENTON AIRCRAFT MANUFACTURING FACILITY I. PREAMBLE This DEVELOPMENT AGREEMENT ("Agreement") between THE BOEING COMPANY (''Owner'' or "Boeing"), a Delaware corporation, and the CITY OF RENTON (''Renton''), a municipal corporation of the State of Washington, is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with an entity having ownership or control of real property within its jurisdiction. n. RECITALS A. Owner owns approximately 280 acres of real property, known as the Boeing Renton Aircraft Manufacturing Facility ("Renton Plant" or "Plant"), located in Renton, King County, Washington, as more particularly described in Exhibit 1, attached. Since the early 1940s, the Plant has been used to manufacture military and commercial airplanes. B. The majority of the Renton Plant site has historically been zoned for heavy industrial use and has, for several years, been designated Employment Area- Industrial by the Renton Comprehensive Plan. Since 2000, a parcel along the Plant's eastern boundary has been zoned ill and designated by the Comprehensive Plan as Employment Area-Transition (Interim) and a nearby parcel has been zoned CO and designated by the Comprehensive PI.an as Employment Area-Office. C. In 2002, Owner informed Renton ofits plan to consolidate its Renton Plant operations to the site area west of Logan Avenue, an effort commonly known as the ''Move-to-the-Lake.'' Move-to-the-Lake is, among other things, intended to release underutilized land as surplus for eventual srue and redevelopment. D. To provide certainty .and efficiency to Owner with respect to further development of the Renton Plant for airplane manufacturing purposes, to encourage continued airplane manufacturing by Owner at the Renton Plant, and in anticipation of potential future redevelopment efforts, Owner and Renton entered into a Development Agreement ("2002 Agreement") on June 28, 2002, by Resolution [!BOEING 11-24.{)3 .doc] 11124103 Page 1 No. 3568 which, among other things, established baseline trip counts, redevelopment credit and vesting ofJand use regulations under certain circumstances for ongoing Renton Plant operations and potential redevelopment. E. Based on further discussions between Owner and Renton regarding potential opportunities for redevelopment of the Renton Plant site, in phases, over time, Renton resolved, by Resolution 3589, on October 14,2002, to conduct environmental review in the form of an environmental impact statement ("EIS") pursuant to the State Environmental Policy Act ("SEP A") of (a) potential alternatives for redevelopment of all or a portion of the Renton Plant site and (b) related public infrastructure. Resolution 3589 also established a conceptual public/private framework for the eventual mitigation of the impacts of Renton Plant redevelopment on transportation infrastructure and public services. F. On December 4, 2002, Owner and Renton entered into an agreement concerning the funding and construction of the extension of Strander Blvd. across Owner's Longacres property ("Strander Agreement"). Among other things, the Strander Agreement establishes a $1.7 million transportation mitigation credit to Boeing that may be used to pay for transportation improvements needed to support development of Owner's properties located in Renton. G. On December 16, 2002, Owner submitted an application to Renton for amendment of the Comprehensive Plan designation applicable to the Renton Plant site ("Comprehensive Plan Application") from ill to Employment Area -Transition (''EAT'). Renton elected to designate the area under anew Comprehensive Plan designation and combine the Comprehensive Plan Application with amendments proposed by Renton to the zoning text, zoning map and development.standard for the Renton Plant site H. On December 20, 2002, Renton imposed, by Resolution 3609, a Moratorium on development in areas of Renton, including the Renton Plant, zoned IH. One stated reason for the Momtorium was Renton's desire to "provide adequate time for Renton staff to prepare and present proposed changes to the Comprehensive Plan and zoning" of those areas zoned heavy industrial (IH). L On January 13, 2003, the City Council held a public hearing on the Momtorium. At the request of the Boeing Company, Renton amended the Moratorium to allow Boeing to consolidate its facilities within the Renton Plant After the January 13, 2002 public hearing, the Renton City Council adopted Resolution 3613 which continued the Momtorium in those areas of Renton zoned [!BOEING 1I·24-{)3.docj 11124103 Page 2 heavy industrial (lli), but also agreed to support Boeing's "Move-to-the-Lake'~ including any required building modification or construction. J. On June 9, 2003, the City Council amended the Moratorium for a second time by the adoption of Resolution 3639. Resolution 3639 lifted the Moratorium over I-H zoned areas located within the Employment Area-VaHey Comprehensive Plan designation. The Renton Plant is the only I-H zoned property of any significant size that continues to be bound by the Moratorium, which is scheduled to expire on December 2,2003. K. On March 4, 2003, Renton's Environmental Review Committee ("ERC'') adopted a determination of significance for the Proposal. Renton issued a Scoping Notice and Scoping Document for the EIS on March 10,2003. On March 25, 2003, a public scoping meeting was held to receive written and oral comments on the proposed scope of stu(iy. A Draft Environmental Impact Statement (DEIS) was issued by the ERC on July 9, 2003. A public hearing was held on July 30, 2003. A . thirty day comment period on the DEIS was closed on August 8, 2003. The Final EIS was issued on October 21, 2003. L. Portions of the Proposal were the subject of a Renton Planning Commission hearing held November 12, 2003; the Proposal and related modifications to Renton's existing parking code, site development plan review ordinance, and binding site plan ordinance were the subject of the City Council Hearing held on November 17,2003. The City Council adopted all by ordinance on November 24, 2003. M. Owner has determined that the portions of the Renton Plant Site known as Lot 3 and the 10-50 site will become under-utilized at the completion of Move-to- the-Lake. Consequently, those portions of the Plant may be surplused and made available for sale, in the near future. IN LIGIIT OF TIffi FOREGOING, and because successful redevelopment of all or portions of the Renton Plant site will be ofJong-term benefit to both Renton and Owner, Renton and Owner do hereby agree as follows: ill. AGREEMENT 1. Definitions 1.1 Arterial Roads means the primary public roads supporting District 1 and 2 Redevelopment, as diagrammed in plan and section and described on Exhibit 2 [!BOEING 1I·24-03.doc) 1I1l4.\l3 Page 3 attached, with typical sections of the individual Arterial Roads shown in Exhibits 2A through 2E (berinafter collectively referred to as Exhibit 2). 1.2 Boeing means The Boeing Company, a Delaware corporation, and related or subsidiary entities. 1.3 Design Guidelines means the Urban Center Design Overlay Regulations established by Renton to supplement the Development Regulations with respect to the design of certain uses permitted within the UC-N zone. 1.4 Development Regulations means those portions of the Renton Municipal Code (RMC) zoning provisions that govern certain aspects of site planning, building design. landscape requirements and other elements of development within a given zone. 1.5 District 1 means that area of the Renton Plant Site located east of Logan Avenue, as designated on Exhibit 3 attached. 1.6 District 2 means that area of the Renton Plant Site located west of Logan Avenue, as designated on Exhibit 3. 1.7 Economic Benefit Analysis means the calculation of estimated one time and recurring revenues and jobs generated by a proposed Redevelopment project. 1.8 Franchise Utilities means electricity, natural gas, telecommunications, and other utilities not provided by Renton. 1.9 Interchanges mean access points from Renton roadways to and from Interstate 405. 1.10 Intersections mean the general areas where two or more roadways join or cross, including the roadways and roadside facilities for traffic movement within them. 1.11 Land Use Policies and Regulations means Renton Comprehensive Plan policies, Development Regulations and Design Guidelines. 1.12 LocaJ Roads means all on-site roads that are not Arterial Roads and that are necessitated by Redevelopment 1.13 Off-Site Intersections means intersections not included within District I or District 2. [/BOEING JJ·24-0l.doc) 11124103 Page 4 1.14 On-Site Intersections means the intersections shown on Exhibit 4. 1.15 Owner means Boeing and any transferee or successor-in-interest of all or any portion of the Renton Plant. 1.16 Proposal means, collectively, Owner's Comprehensive Plan Application and related zoning and Development Regulation amendments proposed by Renton. 1.17 RMC means the Renton Municipal Code. 1.18 Redevelopment means construction of improvements to the Renton Plant for uses other than airplane manufacturing or uses supporting or associated with airplane manufacturing. 1.19 Renton Plant Operations means airplane manufacturing and supporting or associated lises conducted on the Renton Plant Site. 1.20 Renton Plant Site means District 1 and District 2, collectively, as shown on Exhibit 3. 1.21 Site Plan Process means the master planning and site plan requirements of the RMC applicable to Redevelopment within the UC-N zone. 1.22 Subdistrict IA means that portion of District 1 commonly known as Parking Lot 3 and the 10-50 Building as shown on the Subdistrict lA Conceptual Plan. 1.23 Subdistrict 1B means that portion of District 1 commonly known as the 10-80 site, Lot 10, and other Boeing-owned parcels east of Logan Avenue and south of 8th Street. 1.24 Subdistricts means Subdistrict 1A, Subdistrict IB, and District 2, collectively . 1.25 Utilities means water, sewer and stormwater system improvements that serve the Renton Plant Site. 2. Basis of Agreement 2.1 Intent This Agreement establishes certain roles and responsibilities for the potential phased Redevelopment of all or a portion of the Renton Plant Site, including but Dot [!BOEING \\.24-03.doc) \1124/03 Page 5 limited to Renton commitments for corresponding potential funding and construction of certain public infrastructure improvements benefiting the Renton Plant Site and the community at large and Owner commitments to participate in the funding of certain public improvements, to fund all private aspects of Redevelopment, and to redevelop the Renton Plant Site consistent with applicable Land Use Policies and Regulations. 2.2 SEP A Decision Document TIlls Agreement is entered into in lieu of a SEP A ''Decision Docurnenf' and, as such, establishes all SEP A-based conditions necessary to mitigate potential adverse impacts of the Proposal, and Renton's approval of the Subdistrict If. Conceptual Retail Plan. 3. Redevelopment Planning Redevelopment of the Renton Plant Site may occur incrementally starting with properties within Subdistrict IA. Conceptual planning for the possible surplus and sale of property will occur in three areas of the Renton Plant Site, Subdistrict lAo Subdistrict lB, and District 2, as illustrated in Exhibit 3. Conceptual planning, pursuant to the requirements of this Agreement, will be supplemented by master planning and site planning pursuant to the requirements ofRMC 4-9-200. 3.1 Conceptual Plan At the time at which Owner wishes to subdivide, develop, seU, or otherwise alter any property within the Subdistricts for uses not related to airplane manufacturing or supporting uses, it will submit to Renton a Conceptual Plan including: 3.1.1 A narrative describing the conceptual Redevelopment proposal and its relationship to the Renton's Comprehensive Plan Vision and Policies for the Urban Center-North; . 3.1.2 The estimated timing and sequencing of property surplus and sale (if applicable); 3.1.3 A description of the proposed uses including the general mix of types, estimated square footage of each building and parking for each structure, heights and residential densities; 3.1.4 The general location of use concentrations (Le., residential neighborhoods, office or retail cores, etc.); . [!BOEING 11·24.03.0001 11124/03 Page 6 3.1.5 Vehicular and pedestrian circulation that includes a hierarchy and general location of type, including arterials, pedestrian-oriented streets, other local roads and pedestrian pathways; 3.1.6 General location and size ofpuhlic open space; and 3.1.7 An economic benefit analysis demonstrating the conceptual development's anticipated economic impact to local, regional and state governments. 13.2 Conceptual Plan Approval Owner will submit the Conceptual Plan to the City Council for approval. The Council will base its approval on the proposed Conceptual Plan's fulfillment of the adopted Comprehensive Plan Vision and Policies for the Urban Center-North. 3.3 Subsequent Land Use Approvals Renton will evaluate all subsequent development permit applications within the Subdistricts based on consistency with the approved Conceptual Plan. The process for subsequent master plan and site plan approval is outlined in RMC 4-9-200. 3.4 Modifications to Approved Conceptual Plans 3.4.1 Modifications to an approved Conceptual Plan may be made after an administrative determination of the significance of the proposed modification. 3.4.2 Minor modifications to an approved Conceptual Plan may be approved administratively as long as the proposed modifications remain consistent with the spirit and intent of the adopted Plan. 3.4.3 Ifit is determined that a proposed modification is inconsistent with the spirit and intent of the adopted Conceptual Plan, or if an entirely new .. Conceptual Plan is proposed, CityCounci! approval is required. 3.5 Subdistrict lA Conceptual Retail Plan Owner has produced a Subdistrict lA Conceptual Retail Plan, attached as Exhibit 5, that meets the requirements of Section 3, outlining proposed Redevelopment of Subdistrict 1 A. By adoption of this Agreement, the City Council approves this plan as the Conceptual Plan for Subdistrict IA. 3.5.1 The Subdistrict lA Retail Conceptual Plan includes development of approximately 450,000 sq. ft. of large-and medium-format retail stores and [!BOEING Dev Agreement 11·24.Q3.doc] 1112410) hgc7 approximately 110,000 sq. ft. of small retail shops, as well as potential locations for s1ructured parking and upper story multi-family residential units or office uses. 3.5.2 An Economic Benefit Analysis for Subdistrict lA of the Redevelopment, attached as part of Exhibit 5, demonstrates that the Subdistrict lA Retail Conceptual Plan, which is forecast to produce estimated revenues to Renton of approximately $1.2 million in one-time, construction related revenues and an escalation to approximately $1.5 million in recurring annual revenues to support Subdistrict lA Retail Redevelopment beginning in 2009, demonstrates revenues sufficient to fund Renton's obligation to construct public infrastructure supporting Subdistrict IA Retail Redevelopment subject to Section 4, below. 3.6 Additional Planning Applicable Owner acknowledges that additional site planning based on the requirements of the RMC will be required for potential Redevelopment within the Subdistricts. For example, should Subdistrict lA be further divided by short plat, lot boundary adjustment or otherwise, master planning and site planning for each parcel and building site pursuant to RMC 4-9-200 would be required. 4. Infrastructure Required to Support Redevelopment Transportation and trunk utilities anticipated to be necessary to support Redevelopment and the manner in which each will be funded and developed are discussed below. Exhibit 2 generally illustrates each segment of Arterial Roads. Exhibits 6A, 6B, 7, 7A, 7B and 8 illustrate supporting trunk utilities. Exhibit 9 describes infrastructure components and corresponding anticipated cost. 4.1 Transportation Improvements 4.1.1 Arterial Roads Reqnired at Full Build Out The parties agree that the Arterial Roads diagrammed on Exhibit 2 and listed on Exhibit 9, will be necessary to support full redevelopment of the Renton Plant Site, . including District 2, assuming an intensity of total site Redevelopment no greater than Alternative 4 studied in the ElS. 4.1.2 Subdistrict 1A Arterial Roads The parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10 as District I, Subdistrict IA roads and listed by segment on Exhibit 9 are anticipated to be necessary for full Subdistrict IA Redevelopment. [!BOEING 11-2W3.docJ 11124/03 PageS 4.1.3 Subdistrict IB Arterial Roads The parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10, with typical sections of the individual Arterial Roads shown in Exhibits lOA through lOE (hereinafter collectively referred to as Exhibit 10) as District 1, Subdistrict 1B and listed by segment on EXhibit 9 are anticipated to be necessary for full Subdistrict 1B Redevelopment. 4.1.4 Other Arterials The cost of required improvements to arterial roads not addressed by this Agreement will be paid by property owners or developers benefited by the improvement based on a fair share allocation oftota! cost. 4.1.5 Arterial Road aud Other Public Infrastructure Funding 4.1.5.1 Renton agrees to design and construct the Arterial Roads and certain other elements of public infrastructure specified below at Renton's sole cost and expense; provided, that Renton will rely on revenues from sales tax on construction, increased sales tax from Redevelopment improvements and the property tax and other revenues generated by Redevelopment to fund its share of the public infrastructure anticipated under this Agreement 4.1.5.2 Renton will retain one-third (1/3) of the collected tax and other revenues generated by Redevelopment, and will set aside the remaining two- thirds (2/3) for infrastructure improvements anticipated in this Agreement as necessary to timely support Redevelopment within the Subdistricts. 4.1.5.3 Renton intends to utilize limited tax general obligation debt to fund Arterial Roads and other public infrastructure under this Agreement, to be paid for by revenues generated by Redevelopment pursuant to the terms of Section 4.1.5.1. For example, $12,000,000 in bonds would require approximately $1,000,000 per year in debt service for a 20-year bond at 5% interest. Similarly, $7,500,000 in bonds would require approximately $625,000 per year in debt service and $4,000,000 in bonds would require approximately $333,000 in debt service. 4.1.5.4 Should tax revenues fall short of those necessary to timely install all infrastructure improvements required for a particular Redevelopment project, Renton may delay infrastructure construction until the tax revenue shortfall is remedied. [!BOEING Dev Agreem"" 11-24.{)3.doc) 11124"13 Page 9 4.1.5.5 In the event of an infrastructure delay, Renton will immediately notify Owner and (if Owner is a non-Boeing entity) Boeing of its need to delay and representatives of the parties will meet to discuss a cure, which may include (at Owner's or Boeing's option) the provision of alternative financing pursuant to Section 5 of this Agreement. 4.1.6 Arterial Rights of Way 4.1.6.1 Owner agrees to dedicate, at no cost to Renton, the land necessary for the rights of way described in Exhibit 2, at the time that land on which the rights of ways are located is sold; provided, that (a) Renton may request earlier dedication, which Owner may approve in its sole discretion, which approval shall not be unreasonably withheld, and (b) easements or license agreements will be provided by Renton to Boeing, as Boeing deems necessary, to allow continued operation of facilities within the right of way that support Renton Plant Operations. That is, the parties intend that, if approved, such early dedication would not result in additional cost to or dislocation of Renton Plant Operations. 4.1.6.2 Should there be Owner buildings located in the rights of way, it shall be the responsibility of Owner to, at such time as the road needs to be constructed, and upon Renton's request, (a) demolish such buildings and (b) cap and abandon any underground facilities that would interfere with Renton's use of the dedicated property for right of way purposes. 4.1.6.3 Park Avenue is constructed asymmetrically within the current right of way. Expansion of Park Avenue anticipates use of the existing road. Some additional realignment may be necessary to connect Park Avenue to Logan. Owner will dedicate the necessary right of way to realign Park Avenue to provide symmetrical right of way and as anticipated for expansion under Exhibit 2. Renton will vacate any excess right of way created by such realignment, at no expense to Owner. Should Owner have a building occupying property that would need to be dedicated to Renton for right of way, then Owner shall grant the right of way, except for the portion occupied by the building. In such case Owner will reserve the right of way for Renton, and provide the dedication at no cost to Renton when the building is . demolished. 4.1.6.4 Renton shall not vacate any right of way dedicated by Boeing necessary to serve Redevelopment, until redevelopment is complete or upon the approval of Boeing and Owner. [/BOEING 11·24'()3.docj 11124/03 Page 10 4.1.7 Design Fund and Timing 4.1.7.1 Renton agrees, within 30 days of the date of this Agreement, to earmark $1.5 million for funding of Arterial Road design and engineering ("Arterial Road Design Fund" or "Fund"). The Fund will be utilized, as needed, to ensure that design and engineering of the Arterial Roads occur in collaboration with Owner and sufficiently in advance of Redevelopment project construction to produce needed Arterial Roads in time to serve such Redevelopment. The parties agree that Renton shall begin the consultant selection process for design of Arterial Roads within 30 days of the date of this Agreement. 4.1.7.2 With respect to Subdistrict lA Arterial Roads, Renton will begin design, through its consultant, of the intersection of Park and Logan as the first task of the consultant selected pursuant to Section 4.1.7.1. This early design shall be completed as soon as reasonably possible for the purpose of defining the location and extent of the needed right of way of the intersection of Park Avenue and Logan Avenue. Owner and Renton will consult on a right of way definition sufficientto permit Owner to establish its property lines for purposes of sale. 4.1.8 General Construction Timing Construction of all or portions of Arterial Roads required for each increment of Redevelopment will occur based upon (li) need for that portion of the Arterial Road as demonstrated by a SEP A environmental checklist prepared for that increment of Redevelopment, a traffic study, or other documentation agreed to by the parties, and (b) a cons1:rQction schedule established by Renton and approved by Owner to ensure final completion of such Arterial Roads, for each increment of Redevelopment, prior to issuance of the first occupancy permit for that increment; provided, that if such Arterial Road construction is not timely completed, Renton shall identity and construct, at its cost, mutually acceptable interim access. 4.2 Intersections 4.2.1 On-Site Intersections The cost of On-Site Intersections will be paid by Renton according to the principles set forth in Section 4.1.5, except that Owner will pay (a) the cost of left tum lanes necessary to provide access to Redevelopment and (b) that portion of the cost of the traffic signal necessary to support left tum movements. [!BOEING 11-24-{)3.doo) 11124/03 Page 11 4.2.2 Off-Site Intersections The cost of Off-Site Intersections will be paid jointly by the parties in shares proportionate to the amount of predicted traffic using the development and the amount of predicted traffic that is general pass-through traffic. These traffic predictions will be made by use of a mutually acceptable traffic forecasting model. Owner's contribution will be proportionate to the percentage of the traffic trips using the development, and Renton's contribution will be proportionate to the percentage of the traffic trips that are general purpose pass through trips. '4.2.3 Boeing Trip Allocation Boeing agrees that it will allocate up to 1,500 of the "baseline trips" established by the 2002 Agreement for Redevelopment of District 1. It is understood that this Agreement is based upon reallocation of up to 1,500 trips in order to mitigate or minimize the need for additional transportation improvements. The method, timing and distribution of each trip shall be at Boeing's sole discretion. If, however, Boeing's reservation of all or a portion of the 1,500 trips results in the need for transportation improvements that would have been otherwise unnecessary, Boeing will bear the cost of those improvements. 4.3 Interchanges The parties agree to collaborate on lobbying and other efforts to receive state and federal funding of 1-405 interchange improvements that benefit Redevelopment. 4.4 Local Roads Owner agrees to pay for all Local Roads required for Redevelopment. - 4.5 Transportation Mitigation Fees Renton agrees that Renton transportation mitigation fees assessed as mitigation for Redevelopment will be used to fund off-site improvements, required to support Redevelopment, in proportionate share of the cost of such improvements. Notwithstanding the foregoing, transportation impact fees shall not be devoted to On- Site Improvements or for site access improvements required by Redevelopment, such as left turn lanes on periphery streets. 4.6 Strander Agreement Transportation Mitigation Fee Credits The parties acknowledge that, at Boeing's sole discretion, all or a portion of the reserve account established by the Strander Agreement may be utilized to pay for [/BOEING 1l-24-01.doc) 1l!24i\l3 Page 12 all or a portion of Boeing's transportation obligations associated with Redevelopment, except that such credit may not be applied to reduce Boeing's share of the On-Site Intersection improvements addressed by Section 4.2.1. 4.7 Water 4.7.1 Renton shall, according to the principles set forth in Section 4.1.5, install water lines to support redevelopment in coordination with the construction of Arterial Roads. 4.7.2 Water lines installed shall be consistent with the "Option 1" plan provided by Renton's Department of Planning, Building and Public Works, described on Exhibits 6A and 6B, attached. 4.7.3 Owner and Renton will work together to create a water plan to ensure provision of adequate routine (non-emergency) water and emergency water, including fire flow protection, to the Renton Plant Site, for continued Renton Plant Operations and for Redevelopment, including but not limited to an agreement that water for Renton Plant Operations will be of adequate pressure, quantity, quality and have required system redundancy. 4.8 Stormwater Conveyance Renton shall, according to the principles set forth in Section 4.1.5, install a stormwater drainage and collection system to support Redevelopment, in coordination with the construction of Arterial Roads. The system to be installed is referred to as Option IB in Exhibit 7, which anticipates reuse of a portion of the Boeing stormwater drainage and collection system. The segment lengths, type of improvement, needed right of way, length oflaterals and estimated costs of these segments is set forth in Exhibit 7 A. If all or a portion of Boeing's stormwater drainage and collection system is used, Boeing agrees to grant Renton an easement for maintenance, repair and replacement of that system and title to the stormwater drainage and collection' system being used by Renton. 4.9 Sanitary Sewer 4.9.1 Renton shall, according to the principles set forth in Section 4.1.5, install sewer main lines to support redevelopment, in coordination with the construction of Arterial Roads. [!BOEING 11·24·03.<10,] 11124,\13 Page 13 4.9.2 Sewer main lines shall be installed consistent with the proposed plan provided by Renton's Department of Public Works, described on Exlubit. 8, attached. 4.10 Franchise Utilities Provision for Franchise Utilities must be made, in conjunction with installation of the Arterial Roads. Franchise Utilities and Owner shall bear the cost of any out-of- pocket design costs, extra trenching, conduit, sleeves or other installations to provide for Franchise Utilities. Owner and Renton agree to reuse existing assets, ifboth parties agree that such reuse is feasible. 5. Alternative Financing 5.1 Triggering Events Should Renton be unable to timely fund public infrastructure improvements or should Owner or Boeing (if Owner is a non-Boeing entity) determine that it requires construction of all or a portion of public infrastructure for Redevelopment on a schedule more expedited than this Agreement provides, then, subject to the provisions of Section 5.1 hereof; the parties hereto agree that, Owner or Boeing may choose, at its sole discretion, to provide alternative financing for all or a portion of public infrastructure by one of the following means: 5.2 Potential Alternative Financing Methods 5.2.1 Owner or Boeing or some other party may build all or a portion of the Arterial Roads and other infrastructure improvements described in Section 4 of this Agreement and sell all or any portion of the public infrastructure to Renton or other applicable governmental authority pursuant to a conditional sales contract, lease purchase or installment purchase arrangement or similar method, the effect of which shall be to cause the lease or purchase payment obligation to qualify as a promise to pay within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended. 5.2.2 Renton, or some other governmental authority, may issue revenue bonds if and to the extent that the property to be financed is to be included in a utility, system or similar enteIprise with respect to which revenues are expected to be available for the ultimate repayment of the capital cost of such property. [!BOEING 11-24-03.doc] 11124103 Page 14 5.2.3 Renton may issue such other or furtberdebt or other obligations, including any tax increment obligations, which Renton is now or hereafter legally authorized to issue. 5.2.4 To the extent that any alternative financing may be structured in a manner which will permit nationally recognized bond counsel to opine that the interest on any obligation is excludable from gross income of the holder of any obligation for federal income tax purposes, then Renton and Owner or Boeing covenant and agree to cooperate in good faith to structure the alternative financing in such manner. 5.3 Repayment 5.3.1 10 the event that Owner or Boeing exercises its right of alternative financing pursuant to Section 5.1, the parties shall cooperate in good faith to enter into an agreement, pursuant to which the parties shall identify any and all fees, user charges, revenues, taxes and other benefits which are expected to result directly or indirectly, either from the public infrastructure so constructed or acquired . or from the transactions contemplated hereby, in order to determine the aggregate benefits to Renton and any other funds that Renton may obtain from other governmental authorities. 5.3.2 The parties agree that they shall, to the maximum extent not prohibited by law, directly or indirectly allocate ,two-thirds (213) of such taxes, revenues and other benefits identified in 5.3.1, over time, to pay amounts due with respect to alternative financing, or to reimburse Renton or related governmental authority therefor. To the extent that such benefits are not permitted by law to be directly allocated to pay debt service or similar obligations, the parties hereto agree that such benefits shall nonetheless be taken into account directly or indirectly in determining the total amounts of public resources which shall be allocated to repay such costs, so that the net benefits resulting from the transactions and public infrastructure are allocated or deemed allocated for such purposes, in a fair and equitable manner. It is further agreed that any costs of issuance of such public financings, any capitalized interest thereon or any similar fees and expenses shall, to the extent permitted by law, be included in the amount so financed and shall be similarly repaid. [!BOEING 11·2.4-03.docJ 11124/1}3 Page 15 6. Vesting 6.1 Site-Wide Vesting to Comprehensive Plan, Zoning Use Tables, and Site Plan Process for Term of Agreement Upon signing of this Agreement, the Renton Plant Site is veSted through the term of this Agreement to the Comprehensive Plan and Zoning Usetables, and Site Plan Process in place as of the date of this Agreement. 6.2 Additional Vesting to Development Regulations and Design Guidelines at Time of Conceptual Plan Approval 6.2.1 Generally Vesting to Development Regulations and Design Guidelines shall occur at the time ofConceptuaI Plan approval pursuant to Section 3.2 of this Agreement. Such vesting shall extend for three years from the date of Conceptual Plan approval for Subdistricts lA and lB, and extend for five years from the date of Conceptual Plan Approval for District 2 ("Conceptual Plan Vesting Period"). Development Regulations and Design Guidelines may be extended beyond the Conceptual Plan Vesting Period if a materially complete application for master plan approval, pursuant to RMC, for all or a portion of the Conceptual Plan area is submitted to Renton prior to the end of the Conceptual Plan Vesting Period, in which case such vesting shall be extended as to duration and area only for the master plan area according to the terms of the master plan approval. 6.2.2 Vesting to Development Regulations and Design Guidelines for Subdistrict lA Conceptual Plan The Subdistrict lA Conceptual Retail Plan approved pursuant to Section 3.2 of this Agreement is hereby vested for three years as provided by Section 6.2.1. 6.2.3 Additional Time Necessary to Finalize Non-Retail Development Regulations and Design Guidelines The parties acknowledge that non-retail Development Regulations and Design Guidelines will not be in final form as of the date of this Agreement. Renton shall consult with Boeing as it finalizes such standards and guidelines and make best efforts to submit such non-retail Development Regulations and Design Guidelines to City Council for adoption, no later than Aprill, 2004. [!BOEING 1l-24.()).docj \lIlW) Page 16 6.2.4 Changes to Applicable Land Use Policies and Regulations During any vested period, should Renton amend its Land Use Policies and Regulations, Boeing may elect to have such amended Policies and Regulations apply to Redevelopment; provided, that the Development Services Director must agree to such election, which agreement shall not be unreasonably withheld. Notwithstanding the foregoing, Renton reserves the authority under RCW 36.70B.170(4) to impose new or different regulations, to the extent required by the federal or state governments, or by a serious threat to public health and safety, such as changes or additions to the family of building and fire codes, as determined by the Renton City Council, after notice and an opportunity to be heard has been provided to Owner. 7. Additional Development Agreements May Be Necessary The parties agree that other development agreements, in addition to and following this Agreement, may be necessary to guide Redevelopment over time. That is, should all or a portion of District 2 be surplused, the parties anticipate that this Agreement would be supplemented by one or more additional development agreements, addressing issues such as open space, and new internal public and private road network and public facilities. For example, the parties anticipate that construction of additional water, sanitary and stormwater utility infrastructure, necessary for the Redevelopment of District 2, beyond that associated with the Arterial Roads discussed in Section 4, and which have been conceptually reviewed by Renton, as shown in Exhibits 6, 7 and 8, will be covered by future development agreements, and that the cost of such will generally be the responsibility of Owner. In addition, the parties anticipate that District 2 Redevelopment will include public and private open space amenities. Such amenities may include one or more contiguous parcels that provide recreational amenities and public access to Lake Washington, create view corridors to Lake Washington and Mount Rainier, and serve as focal points for Redevelopment. 8. Marketing Information Boeing will generally share with Renton marketing information for Renton Plant Redevelopment efforts so that Renton will be informed about the marketing [!BOEING 11·24-C3.docj 11124/03 Page 17 process, and additionally, so that Renton can adequately respond to inquiries by prospective purchasers. 9. Potential Renegotiation Based upon changed or unforeseen circumstances, Renton or Boeing may request renegotiation of one or more of the provisions of this Agreement, which request shall not be unreasonably denied. 10. Termination oCMoratorium Renton agrees that the Moratorium shall terminate or expire on December 2, 2003 or on the date that the Proposal takes effect, whichever occurs first. 11. 2002 Agreement This Agreement shall not be deemed to amend or supercede the 2002 Agreement, which remains in full force and effect. 12. Recording This Agreement, upon execution by the parties and approval of the Agreement by resolution of the City Council, shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 13. Successors and Assigns This Agreement shall bind and inure to the benefit of Owner and Renton and their successors in interest, and may be assigned to successors in.interest to all or a portion oftbe Renton Plant Site. 14. Counterparts This Agreement IDHY be executed in counterparts, each of which shall be deemed an original. 15. Termination This Agreement shall terminate on December 31,2020. AGREED this 1st day of [)ullJ1t!t.w ,2003. [!BOEING 1I·24'()3.oocj 11/24.1)3 Pa~e 18 CITY OF RENTON ~~-~~ ATTEST: By: Bonnie I. Walton Its City Clerk C7f~ City Attorney 01 tt "Ii I k ---'-"'~\\ BY:' __ -ATrclhne"""elrl, He~m .... m.....tn""""''-~Z~T-IilJl'~M9ff'~\\ Its: AlIlhO/Ized Slgnalory ;-~.··~·.Jts~~'lyice President ; .-... 'U 1 ', " • 0I1IJi1ri • 1 STATE OF WASHINGTON) ~ [~ _ 01 ,~ ) ss. ~ ": i&-.(~.l.O~ E: ~ . ) " • ca... ~-...- COUNTY OF ts. ina ) Id';··~!NoIS<O .. :-:.a'/).f , ""I-a." . { ou ~\~~":j:'~~/ On this ~ day of N"'~ .. ",,--;-'2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared' to me known to be the person who signed as of the ~~.\he corporation that executed the . an foregoing ~MiL~a'Wt'Ol.vledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that SlIt was dulyeiected, qualified and acting as said officer of the corporation, that 6b, < was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. [!BOEING 11·24-03.doc] 11/24/03 Pag~19 IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. [!BOEING I J.24-!l3.do<] (Print or stamp name of Notary) NOTARY PUBLIC in and f~r the State ofWasbington, residing at ~l~ \,Uk My appointment expires: d'.£l ~0e 11124.\13 Pagc20 STATE OF WASIDNGTON) ) ss. COUNTY OF /<-; "is ) On this ~ day of De cc:c-t-ke r ,2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared It'" ~s e _ TO~D '" f"r , to me knO'.Vll to be the person who signed as ~;E br of THE -Bar!l~A:lW, the corporation that exec ~ted the within and foregoing ~Deill,~'a \tcknowledged said instrument to be the free and voluntary act and deed of said kO~Oh for the uses and purposes therein mentioned, and on oath stated that "'-€... was duly elected, qualified and acting as said officer of the corporation, that ~. was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WTINESS WHEREOF I have hereunto set my hand and official seal the day and year first above written . . (!BOEING 11-24.{)3.do<) 11124/(}3 Page 21 EXHIBIT 1 LEGAL DESCRIPTION Tracts A, B, C, D, E, F, G and H located in Sections 5, 6, 7 and 8, all in Township 23 North, Range 5 East, W.M., described as follows: . TRACT A (Tax Parcel Nos. 082305-9019, 0&2305-9209 & 722300-0105 -portion) Parcels A and B of City of Renton of Renton Short Plat No. 093-89, according to the short plat recorded under King County Recording No. 8911149006, records of King County, Washington; TOGETIIER WITH that portion of the northwest quarter of the southwest quarter of said Section 8, lying southerly and easterly of Parcel B of said short plat and westerly and northerly of Park Ave N, andN. 6th St., respectively. TRACT B (Tax Parcel No. 756460-0055) Lots 1 through 13, inclusive, Block II of Renton Farm Plat, according to the plat thereof recorded in Volume 10 of Plats, page 97, records of King County, Washington; TOGETHER WITH Lots 1 through 12, inclusive, of Sartorisville, according to the plat thereof recorded in Volume & of Plats, page 7, records of King County, Wasbington; EXCEPT that portion known as Lot 3 of City of Renton Short Plat No. 282-79, according to the short plat recorded under King County Recording No. 7907109002, records of King County, Washington; and EXCEPT roads. TRACT C (Tax Parcel Nos. 722300-0115 & 722300-0105 -portion) Blocks 3 and 4 of Renton Farm Acreage, according to the plat thereof recorded in Volume 12 of Plats, page 37, records of King County, Washington; TOGETHER WITH those portions of the aIley vacated under City of Renton Vacation Ordinance Nos. 3319 and 4048 and the street vacated under City of Renton Ordinance Nos. 3319 and 3327 as would attach by operation of law; and TOGETHER WlTII that portion of the northwest quarter of the southwest quarter of said Section Slying southerly of the southerly right of way margin of N. 8111 St, easterly of the easterly right of way margin of Park Ave N. and . north of the south 315 feet thereof. TRACT D (Tax Parcel Nos. 082305-9220, 082305-9221,082305-9222 & 082305-9011) Lots 1,2,3 and 4 of City of Renton Short Plat No. LUA-OI-056-SHPL, according to the short plat recorded under King County Recording No. 20011205900004, records of KiIig County, Washington. 1RACTE (Tax Parcel Nos. 082305-9037, 082305-9152, 082305-9079, 082305·9204) Those portions of said Government Lots I and 2 of Section 7, lying within the abandoned Burlington Northern Railroad right of way (formerly Northern Pacific, Lake Washington Belt Line) and northerly of the northerly right of way margin ofN.6th St.; TOGETHER WITH said northwest quarter of the southwest quarter of Section 8, lying northerly of the northerly right of way margin ofN. 6th St and westerly of the westerly right of way margin of Park Ave N.; EXCEPT City of Renton Short Plat No. 89-093, as recorded under King County Recording No. 89111~9006; and EXCEPT that portion of said northwest quarter of the southwest quarter lying southerly and easterly of said short plat; and TOGETHER wrrn those portions of said Government Lots 1,2 and 3 and the southeast quarter of the northwest quarter of Section 8, lying westerly and northwesterly, respectively, of the westerly right of way margin of Park Ave N. and the northwesterly right of way margin of the North Renton Interchange (SR 405), westerly of a line that intersects with said northwesterly right of way margin of the North Renton Interchange, said line being described as beginning at Station 6+50 on the. A-Line of the North Renton Interchange, SR 405, as shown on Sheet 2 of 5 of PSH I (SR 405) North Renton Interchange, Washington State Department of Transportation Right of Way Plan, and ending northwesterly, perpendicular to said Station, at a point on the southeasterly margin of the 100 foot main track of Burlington Northern Railroad, easterly and southeasterly of the northwesterlrright of way line of the abandoned Burlington Northern Railroad right of way (formerly Northern Pacific, Lake Washington Belt Line); EXCEPT from said abandoned railroad right of way that portion lying northwesterly of a line described as follows: Beginning at a point 50 feet southeasterly, measured radially and at right angles to the centerline of the Burlington Northern main track as now constructed, from Survey Station 1068+00, said point being on the southeasterly right of way margin of the 100 foot wide right of way; Thence northwesterly along said radial line a distance of 25 feet; Thence southwesterly in a straight line to a point 25 feet northwesterly, measured from the southeasterly right of way line at Station 1074+00; Thence continuing southwesterly at an angle to the right, toa point on the northwesterly margin of the 100 foot Burlington Northern Railroad right of way, said point also being on the southeasterly line of the Spur Tract at Headblock Station 8+85.5 and the end of said described line: and EXCEPT that portion of said Government Lot 2 described as follows: Beginning at an intersection of the southeasterly right of way margin of said Burlington Northern Railroad and the northwesterly margin of vacated Mill St (park Ave N.) per Vacation Ord. 2513; Thence southwesterly along said southeasterly margin of the railroad right of way, a distance of 60 feet; Thence southeasterly, at right angles to said railroad right of way, a distance of 10 feet, more Of less, to a point on the northwesterly right of way margin of said vacated Mill St (park Ave N.); Thence northeasterly along said Mill SI. to the point of beginning: TOGETHER WITH portion of Vacated Lake Washington Boulevard adjoining. TRACT F (Tax Parcel Nos. 072305-9046 & 072305-9001 -portion) That portion of the SE '4 of the SE 1,4 of said Section 7, lying southerly of N. 6th St., westerly of Logan Ave N., easterly of the Cedar River Waterway (Commercial Waterway No.2), and northerly of that certain tract of land conveyed to the Renton School District by Deed recorded under King County Recording No. 5701684. TRACT G (Tax Parcel No. 072305-9001 & 082305-9187) That portion of said NE '4 and SE 1;' of Section 7, NW '4 of Section 8, SW '!. of Section 5, and the SE '!. of Section 6, lying north of N. 6th Street, easterly of the Cedar River Waterway (Commercial Waterway No.2), westerly and northwesterly of the westerly right of way line of the abandoned Burlington Northern Railroad (formerly Northern Pacific, Lake Washington Belt Line) and northwesterly of the northwesterly line of the railroad spur track beginning at Headblock Station 8+85.5, westerly of Lots "A" and "B" of City of Renton Lot Line Adjustment No. LUA-98-176-LLA as recorded under King County Recording No. 9902019014, and southerly of the Lake Washington Inner Harbor Line; EXCEPT Logan Ave N. TRACT H (Tax Parcel No. 072305-9100) That portion of the Burlington Northern lnc. (formerly Northern Pacific Railway Co.) 100 foot railway right of way in said SE '!. of Section 7 and SW '!. of Section 8, lying north of the northerly right of way margin of N. 4th Street and southerly of the southerly right of way margin of N. 6th Street. All situate in the City of Renton, King County, Washington. ---,. ----_. ---------' -~--.--~.--_. -.----- ~~--.~------ ~ ------_. -_. - -- ----.--- ~. "Gil '£> ~. %. r- 0 ? (U N 6th St. "F" ® Economic Development., Neighborhoods & Su-ategjc Planning + !R + Alex Pletseh. Admim!itr.tlOf G. Del Rosario 5 December 2(0) z Q) > « c 0 0> 0 --1 "E" o I z Q) > « --"" '- 0 0... "A" CD I nD" N 8th St. Z "C~ « c Q) '- 0 0 "8 11 N 600 I st. 1200 I 1 : 7200 ..... . '.\ , . . .;: .. ' , .. -' '. -to .. ~ '. , c. . . ': '.~: : ~ .• ,~:" ';~ ,~!", ~+;,,:,, .;,!!. I,'; :1 :, ";'\':;:f;:\l;~~f:'" ,', ,.' ", ~ .... , :' " PLAN VIEW AREA B I 10010 PARCII. SOUTH 847,148 If 11.47 AC /....., .. o o \ \ '\ '. 'Y . ' ", . ' , .~. '. \ . \ ""'; ~. . ,',' \' ...... ", __ '1 \ \ i': \',' \\ \ ,. " I . \ \ \\ " \ " -~' \ \\ i~ ., 'i" ., " '. ,. \" \"------'1 '-. ___ -----'",.J \-~ • I , . . ) r '-1 L __ .,. ,I LEGENp I' -.', , , ';'1 IiIiIiIIIiI VI/'i/J///I ® ',., .. , PROPOSED R.O.W. ROADWAY CONSTRUCTION TO SUPPOIIT SlJB01STRICT " ROMIWAY CONS1R\JC11ON TO SlJPFOIIT SUBOI5lRICT I B ROIDWAY CONSlRUcnON TO SlJPPOIIT DISTRICT 2 RO/DWAY SEGMElfT ROMJ'HA'f SECnOtl lOCATlOH I .. :;:;.. ... .. , '. 1. MfA 1$ AVNtJ+1ll fOL1.,OWIHC Rf.ALIONMENT OF' PAAK AVEHUE. AREA _ IS _UDEll " m1l. AREA C1I.CUlATIDH FOR AREA A I lDT l ND!!TN. tur ........ " .. ...-. tJjm.n1tnar. .... ·eoa s.",.~""DI GR'.-oeo:J ~ I2()lS.I S8M!tlO 10 NOVEMlER 2003 PROPOSED ARTERIAL RIGHTS OF WAY TO SUPPORT DISTRICT 2 EXHIBIT 2 (FULL BUILDOUT) • TYPICAL SECTION 1: PARK AVENUE NORTH FROM PROPOSED LOGAN ,AVENUE TO NORTH 8TH STREET EXHIBIT 2A 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE I-------~ DlSmO ~ClAO'fI"y--------j 1'" (lCIsnNO ROMWAY .." " """'" Jl=-g 14' [XI5"nKO 1II0~DW""Y TO lIt MUsm II -."',,,- ------==~~=c;'rt==::IJ ,~ "~~( ~~~~I'"!~~ " --'-'-,_"-_-,-_-1 ... , ... ".... • .... I.ANE \,ANE PARf!ilND I =j 11\; _ , 61 ==~=J"'V" ,.. ",I '''Am LANE 1:' __ I .~~ ....... . 'Ii' \~.,. TR£tS - -~.!I' mEtSJ • SfOEWAlJ(, WIn-! CAAlU WllH GRATtS SlOEW,t,l:,' . UTlUlttS 10$' UllUntS RIGHT OF WAY WlOlH o 8' 16' 32', SCALE: 1"'.11';' FULL BUILDOUT !:Kll:E! SECTIONS ARE·DRAWN IN ACCORDANCE WI1H TH: Consulting Engineers KING COlWY ROAD STAflDARDS AfID T1-E CITY OF RENTON STREET STANDARDS. ALL ROADWAY SECTIONS ARE ILLUSTRATIVE. lOr Stewart Street Suite' 800 , Seattle, washln¢on 9810r (206) 382-0600 Fax (20,6) 382-0500 10 NOVEMBER 2003 TYI"'ICAL SECTION 2: PARK AVENUE SOUTH FROM NORTH 8TH STREET TO NORTH 6TH STREET 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE It HEW 'D.!!>' HEW WtDWI! ~ u.,' txI,nNO --I ItQAO"AV AND lVI'tNJoIO LAN£ I IliO./.OWAY TO 8[ "[\ISED ,l.AHOSCAPt cc:r-r'TltUCTlON EXHIBITLd ~)qJai=~~=~==~ijHA i 14 12.-I 12' +-'& •• 0;;;: .... ~ ~~--t-l\I=:~£ n:~ ~~--l--.7}-J...T-1 1---~=':;=------------<al' RIGHT of" WAY WlDT1~I-----------"'::'''''::::'-'-' o 8' 16' 32' I 'I I FULL BUILDOUT SCALE: 1"·16' t:mE: SECTIONS ARE DRAW IN ACCORDANCE WITI-/ THE KING COUNTY ROAD SiT A/'DARDS AI'D THE CITY OF RENTON sme:r ST Al'DAADS ALL ROADWAY SECTIONS ARE ILLUSTRATIVE. Consulting Engineers 101 Stewart Street. Suite BOO Seattle. Washington 98101 (206) 3132-0600 Fax (206) 382-0500 10 NOVEMSER 2003 T't IICAl SECTION 4: lOGAN AVENUE NORTH 8 LANES OF TRAFFIC WIT~ A MEDIAN/TURNING LANE 5' BICYCLE LANES ON EACH SIDE OF ROADWAY EXHIBIT 2C I " L ,,-I n-I ,,-,,-I ,,' '''' "I" I " I' I f--.. -J.-.,--~ ~~!:']e--'-~~~~~c Tlt"m~ 1V~~~H~E--1--TRAFFIC ~!~o---'-~!~.,y~ __ ~~c--',~L-:)_.L.,_ lJlIUIIU ll3' fl;tOtH OF WAY ¥IIorn FULL BUILD OUT o B' 16' 32' 1 !! 1 SCALE: 1"=16' J::lQlE; SECTIONS ARE: DRAWN IN ACCORDANCE WITH Tl-E KING COUNTY ROAD STA/IOARDS NIJ THE CITY OF RENTON STReET STA/IOARDS. ALL ROADWAY SECTIONS ARE: ILLUSTRATIVE ConsultlflQ Engineers /0/ Stewart Street. Suite 800 Seattle, WashIngton 98/01 (2061 382-0600 Fax (2061 382-0500 /0 NOVlEM8E:R 2003 TYPI\"'r\L SECTION 6: NORTH 8TH STREE t 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE / EXHIBit 20 ~-. •• '4. _ I 11' 1'-•• . \ '" 'm~C ,1VJT1~ MEDIAN/ .-..i-.-.mAF"e IA,,",ICC-..L.~--''-rl l1JAHffO lANE - ---- '---'--'---------------.,.,. RIGHT or WA.Y 'MOll~I------------'--'--':.:.-l FULL BUILDOUT o 8' 16' 32' I !! I SCALE: 1"s16' I:JQIf: SECTIONS ARE DRAWN IN ACCORDANCE WI7H THE KING COUNTY ROAD STANJARDS MO T1-E CITY OF RENTON STREET ST ANJARDS. ALL ROADWAY SECTIONS ARE! ILLUSTRATIVE k ff Consulting Engineers 101 Stewart Street. Suite 800 SeaWe. Washington 98101 (206) 382-0600 Fax (206) 382-0500 10 NOV&v1SER 2003 TYPICAL SECTION 8: NORTH 10TH STRtET 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE 11' U' I 12' f 1Z 11 1--r.L-,--L.-~MfIC TR.'.ff1c---l-I.!to1J\N/ --L--m ... FHC TRAmCo-...l-,--L-,.-j ",,, LANE ruRNING lJJIE ...... \~ ''''''T..~ WITH ~Aru ..... wAU(. .... 'wnu 71' RIGHT OF" WAY'tI1Dl1.'---------------...... FULL BUILD OUT o 8' 16' 32' 1 :: I , SCALE: 1"-16' t1Q]];; SECTIONS ARE DRAWN IN ACCORDANCE WITH T1-E KING COUNTY ROAD ST Al'lJARDS AI'IJ T1-E CITY OF RENTON STREET STAl'lJAFVS, ALL ROADWAY SECTIONS ARE ILLUSTRATIVE EXHIBII 2E Consult/no Enoineers 101 Stewsrt Street. Suite 800 Ses ttl." Washington 98101 (206) 382-0600 Fax (206) 382-0500 10 NOVEMBER 2003 ---,----------------, , ----" .. ---' ----".--- -"---,_. -' --. ------.-.. -'.. - -------------"-"-.~ o --. Sub-District B . ;ban Center North District Sub-areas Districts Subject to Conceptual Plan Approval Hole: District boundaries include dedicated R-O-W . e &oaomit ~ Neigbbocboods and Stnllegic. Planning ..... -.................. ~ Q.Dcla-K> 1l~2003 Exhibit 3 PLAN VIEW SCALE 1-. 400'-0· \ \ \ \ AREA B I 10-50 PARCEl. SOUTH 847,948 SF lU7 AC o o o ICI o D c;91 0 NOTES 1. AREA IS AVNIAElLE FOlLOWING REAlIGNMENT OF' PARI( AVENUE. AREA SHOWN IS INCLUDED IN TOTAl AREA CAlCUlATION fOR AREA A / LOT J HORTH. ON-SITE INTERSECTIONS .til sJ.wW'I SIrHt, SUlI. 800 SNffI .. WuhWVlon 1;I6U1 froS' 3B2-«1OO Fp rro61 382rl)5OO IJ NOVEI£ER 2003 EXHIBIT 4 EXHIBIT" 5 " BOEING'S CONCEPTUAL URBAN RETAIL PLAN ! Renton, Washington Submitted to the City of Renton November 17, 2003 i Background CONCEPTUAL URBAN RETAIL PLAN Lot 3 and 10-50 Sites Renton, Washington The Boeing Company has been working with the City of Renton for more than a year in evaluating potential redevelopment strategies associated with Its 737fadlity in Renton, Washington. This Conceptual Plari Illustrates the Boeing Company's vision for the redevelopment of the first piece of the Renton Plant to be made available for non-industrial uses. The Plan' includes that portion of the property commonly referred to as the Lot 3 and 10-50 Sites, which have been determined to be non- essential to the ongoing airplane manufacturing activities as Boeing completes it's 'Move-to-the-Lake" consolidation plan. The Plan covers approximately 53 to 55 acres of gross land, of which approximately B acres are reserved for the development of four new arterial streets that are essential to the ultimate redevelopment of the entire 280-acre campus. The remaining 45 to 47 acres of land will be marketed to entities Interested In developing an Integrated retail center on the site, consistent with this Conceptual Plari. Included within this submittal are a narrative description of Boeing's proposal, a Conceptual Planning Diagram with supporting pedestrian street sections, and an economiC benefit analysis demonstrating a range of potential one-time and recurring revenues generated by the proposed development. Boeing seeks the City's approval of this Conceptual Plan so that Boeing can complete the necessary lot line adjustments and begin actively marketing the property to local, regional and national developers and users. The aerial on the fOllowing page highlights the location of the proposed retail site in relation to Boeing's ,remaining land holdings and the surrounding North Renton neighborhood. ' .' ''\" ',.;. Conceptual Urban ,Retail Plan , ' Boeing believes that highcquality retail development is essential to the successful ' transition of the area from its industrial roots to the City's vision for the Urban Center-N,orth. A well-designed retail center will provide employment, diversify the economic base, offer a new source of municipal revenue, and will attract other alternative and,potentially higher and better uses to the surrounding area. , , The cOnceptual Plan for the ,Lot 3 and lOc50 sites, located,on the following page, iIIustrates"the cohesive redevelopment of the parcels Into an urban retail 'center. The Plan contains a mixof'large format "destination" reti;rilers'-mid-sized retail anchors, as well as small shop space 'concentrated' along Park'Avenue, "enviskmect'as the< -'-:,'-'" . significant pedestriari-oriented st:reetin the area. The Plan'responds to the presence ,of the existing 'Fry's'biJlldlng on the property to tile east of,Garcien Avenue, and anticipates ~hat'Ultimateredevelopment ofthe:northern'J'IOrtion of-ttiat site will relate directly to the dE!VIilopmentoccurrlng on Boeing's property. _.-. , The site is',~aimd'bya combination of existing and new public roadways, which ' " segregate the :propertylnto fbur quadrants ranging between 6 and 19 acres In size. Boeing Is seelell)g bl!Yers;forthe 45-to 47-acre property to undertake a coheSive redevelopment. Generilll'l,the large format retail development (users with footprints of 50,000 square feet ancl'largerandbliildlng,featlJre heights up to 45 feet tall) Is planned·tO occuraJ!!lng 8th ,Logan andGardenAvenue~, facing Inward and , supported by well"ocganlzed pariOOg areas Intemalto the site. These destination retail uses wlllnaturaUylocate themselves along the Widest portions of the property, with goodtreeway vlslblllty"much (ileethe recently completed Fry's development on the eastern slUe of'Garden Avenue., .. "'; , Mediumfoimat retailers (ranging betWeen 10,000 and 50,000 square feet In area, , with building feature helghts'uj)to 40 feet tall) are aSsumed Infill betwl!l!nthe large format tenan~, with pr.lihary j:lede$trianer.traricesfaclng inward or directed toward I'!ark Avenue. Agaln,p8rldng Is asSUmed to.-be cOncentrated within each segment of " the Site, to alioWforpotentlal·secbnd~gei1.Eii1it.jonNredevelopment at higher " densities ,If achievable" ' " , ,',' " ' The northwest;qlladr.lnt of the property Is identified, as one potential location fora' mld-tohigh-risedevelopment,whlchcould takethe.iorm of.a'multHevel podium parking structure, with multlfumilyresidential or office !ises above.TtIis ultimate " " development could Initiate ,the truly urban vision for the area and, tOgether with " pedestrian scale treatmentS at thecbrner of Parle and Logan, woutd'identlfythis as the "gateway"'tothe ,Ur1ian~Center North, ,,' ' Small, speclaltyi-etallshops and amenltieswoiJId, be ron~ntrilted Primarii)'a'on~ ," ",' " '/ Park Avenue. The sd!le bfilevelopment is more Intimate here, wlthlar,leclettlc mix" of.uses, archltectul7!l styills andgatheringpla-ces. In soine Instances,; single story" , " ", retail uses may be"topj:ledwlth one to-three levels of apartments or profeSSional" '",.' office uses, all ovetl06ktng Parle Avenue and the activity along the street edge. Together, the Iarge-and medium-format users total approXimately '450,000' square, filet of space; the smaUer shop space totals approximately llO;OOOsquare feet, or 20% of the center. " .'--.: )- CONCEPTUAL URBAN RETAIL PLAN Site of p_dIaI """" "",loin, olruclur. and muII-~ u_ "'-- Pedestrian 7 ...... '..., Inect"-.'.F" "0: ........... 0.· ..... 11· lUI lOr __ • 1 •• 111111 ....... E • l! ;$ CONCEPTUAL PLANNING DIAGRAM _1 . ." FUllER' SEARS ARCHITECTS V--BLTEfNG Hierarchy of Streets Key to the successful development of the property is the reconfiguratlon and Improvement of Park Avenue to serve as a crlticai pedestrian-oriented street in the project. To accommodate full redevelopment of the R.enton Plant properties, the ultimate build out of Park Avenue will need to allow for four travel lanes and a center tum lane,designed for vehicular travel up to 35 miles per hour. To support the vision for the development of an urban retail center in this location, a generous sidewalk with street trees and on-street parking for Park Avenue is being proposed to enhance the environment In the public realm and encourage people to make Park Avenue a pedestrian street. An illustrative street section for Park Avenue can be found on the following page. The other major north-south connectldrf.lsl!.ogan Avenue, which extends from 6th Avenue to the south and joins Parkf\.venlie In the north. The construction, of Logan , providing direct access to 1-405,'.wJltpe"anlmportan~aiternatlve through connection to ensure Park Avenue functions as aip,epestrian-orientedlttlopping street. At the outset of redevelopment In the area, LOgan is envlsionedaS"iI"~ree-lane street, with one travel lane In each direction and a center"tum lane. Ultlri1~tely, LOgan will expand and function even more so,as,a'higher-speed aiterial., ,.' The east-westartelia,1 roadways,Jti':'~n~,8ti;, Aven.\Jes, are lesscritlcal to the successful development oUhe urban:retiiiiLcenter"other than'serving as access , points to the center off of Park Avenue.'Connectlons'from 10th and 8 th to LOgan Avenue, If constructed, would be favorable; but the center would function as well with access only off of Park, the existing leg of 8th and Garden Avenues. Urban Center-North Vision and Policies This proposed' Conceptual Ilirball'Retail,Plan meets' mar!y of the City's viSililq • and policy statements for the \iiib:anf~r,-':North" 'oVhiCh cali.fOr~retaltirii:egrat~ Into pedeStrian-oriented shoppih9'IlI~riQ;sw;andrecognlzes, that:' , . . '. ,\.~._, ";':':';', --::-.·<;:'"'}:r;<··' . . " . <r::' .:.:",' .. : <:" :, " ", __ ".:;., . 'At the beginning of this transition, uses such as retall ... m~y D~,'vlablewJtfibUt the office and residential componentsthatuitimatelywillcontl'ibute lothe urban character of the district. W The CIty's vision plans for the,transltlon of the area over a 3D-year horizon and antldpates that redevelopment will need to address the potential for future infill to allow areas to further groyvtourbl!n denSities. This site is located within District 1, where the City identifies Its first objective as follows: ·Create a major commerdal/nitall district developed with uses that add significantly to Renton's retail tax base, provide additional employment opportunities within the City, attract businesses that serve a broad market area and act as a gathering place within the community. n Boeing's Conceptual Urban Retail Plan seeks to both allow for the near-term redevelopment of Boeing's underutllized assets while advocating for a mix of uses that Improves the City's tax and employment base. As is illustrated within the attached economic benefit analysis, more than 1,300 jobs would be created in the City of Renton by a redevelopment of this scale. The City would collect more than $1.2 million in one-time revenues during development and the City would receive over $1.5 million in annually recurring tax revenues at full build out. '. , • , . ". --- .. .... . ~ . Hlfim"" ,- " ~­. ,,' -"" . . ... .. -., .~ l ". ~ .. ~ . ( tV. -. -h- ...... ~. ~.... . . -'. r" -'\J\ . :;~: ' t : , . I ; . " -. ~ ~ '. - --. . '. . .'" . .. ~ ... - .; '~. Summary Boeing believes that its Conceptual Urban Retail Plan illustrates th~ .. optimal development plan for this 45 to 47 acres of land in North Renton. The. Plan offers the opportunity to contribute to the t!<lnsltlon of the area from a primarily industrial neighborhood to a higher intenSity and range of viable uses, providing both jobs and a significant source of new revenue to support the City's objectives for the area. -.. .I . • Summary . .. , ,City of Renton . Etonomic Benefits ,"'-'-" . " ::< . ,'~ . .: -.' : ", ~I , . ",;_:' SU1\1MARY CITY OF RENTON ECON0Ml1:,:BI£,~:FITS Retail Redevelopment on Part of BoeinwS'R~nto.".'P.lant Site Economic benefits to the City of Renton of re-dev~~oplng;46~Sres of the Boeing Renton, Washington plant site follow. Derivation ofthese'benefit;;estimates is based on a set of realistic assumptions that correspond to development of 451,000 square feet of retail big/medium box space and 110,000 square feet of retail shop space. )-At full absorption of the above 561,000 square feet of retail space on a redeveloped portion of the Boeing 'Renton plant site, it is estimated that 1,197 permanent jobs would be created throughout the region. )-Of this total, a projected 1,132 direct jobs would be created at the targeted 46- acre Boeing Renton site plus 266 additional indii'ect~d:hs.<Within the City of Renton, assuming a 25 percent capture rate. .. . ... , ... : .. " . )-It is estimated that these 1,398 direct and indirl!¢i:jobs·;.inthe City of Renton would generate an additional $45.4 million inre~g''lIl'mljal income earned inside the City once full occupancy of thisnewf~tail Sliace occurs at the Boeing Renton plant site. .,.' )-The corresponding' increase in property values by redeveloping this 46-acre portion of the Renton Boeing site into retail uses is forecast to total nearly $66 million upon completion in 2009. )-The increase in annually recurring tax revenues t9 the City of Renton at full Jmild"i;Qut is fl.stimatedat over $1.5 million starting in 2009. . . . . <tit '-~ ... , " )-~.'fms ~~'in a4llitiont·!O OV#'$1.2,iIIillion in one-time City revenues collected '!'t4urin~;land¥devel~pmenf,rand the. construction of 561 ,000 square feet of retail • Space'<)ll a p1ut'oftlre BoeihgRenton pl~tsite during the 2004-2008 period. ',.", 11/13/03 REAL ESTA TE ECONOMICS The data and calculations. presented berein while not guaranteed,. are obtained from somccs deemed reliable. PERMANENT JOBS CREATED IN 2009 1600.---------------~DD~EE~ITt~----------------___ III .c o 1200 +----- ..., BOO +-----~ z 400 +----- O-+-------.J o With Project Without Project NEW JOB ANNUAL INCOMECREATED IN 2009 $50.0 r-____ ---;=--;--_.J:IrrD.E:.m~:mL ________ _ .. .! $40.0 15 Q $30.0 +---- '0 ! $20.0 +---__ ,g ~ $10.0 o $0.0 With ProJect Without 'Project NEW CITY OF ",,,, •• ITro ... TAX REVENUES $1,800 ,.-_____ .:..:.:::.:..:...:=:...:...:.--=-'-----'-==o..:..:.;::.:..:.....:.:...::~=.;:..=::..:..:::='___ _____ _ I!! $1,600 +---------'---------, .!!! $1,400 +------'--------- 8 $1,200 +-------------~ -o $1.0ao +------------'- ~ "00 +-------------c = $600 +--------- :J o $400 +--------_ .c I-$200 +-__ _ $0 +--__ - 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 • Land Dev. • Building Dev. • PennanentTaxes CURRENT ZONING SCENARIO REAL ESTATE ECONOMICS ... 'F.,. Charts With Pr ect Without P eel Jobs 2.197 Income· mlIlons Property Market Values -miUions Selected State Revenues -mIIlOIlS $ $ $ ao 97.74 S 10.47 S 2.500 2.000 1.500 1.000 500 $ .. m <I 2. .-$" ~ ;- ~ U! 0-~ . $30 • $1. $- Renton tlfben VII\age-P-F1HJd, 11113.'03 NEW PERMANENT JOBS CREATED BY 2009 2,197 WIth Project WHhout Project NEW JOB ANNUAL INCOME IN 2009 $BO WIth project WHhout Project The d;ota and cak:uIatiom ~ """' wtie ,.;( ~ t-.... been Dt:tiIitled lrom IOUI'CeS bcrocve<llo be 'elQbIe 31.75 0.114 Charts NEW STA TE TAX REVENUES '".00 , ..... .... It) z 3 .... ..J !!; .... ".. ,. I.Land Dev. Taxes .Bullding Dev. Taxes CPermanent Taxes'l NEW RECURRING STATE REVENUES Without Project $0.114 .. $' $10 Dollars In millions RItfttoft, UIbWI \IIIboe-P-AH.xl11113'03 TheGMII"'~ ~J8ftI""* flDIQlI3I<IIIIeed. hiro'e ~ d:UirJed:1fom IJ(IIII'CB$~ to be reliable Total buildable redeve\opmentland area-"net" acres Total buildable redevelopment land area--"net" sq. IL Land Development Land Development Construction Costs Land improvement construction duration -years Percent design & management Percent construction labo< Pen:ent materiats BUilding Development Parameters Change in assessed value Percent design and management --commercial Percent construdion labor -commercial Percent construction materials & services -commercial BiUing multiplier for. design .nd management BiDing multiplier for construction . Property development duration -years Relail-BlglMed Box Gross square leet 01 retail spece LoadfadOO<-retallsp.ce BuNding construction cost isq.lL-retaH space Sq II per employee -big box retail ReiaM seles per sq. IL-big box retaB Relall-8hop Space Gross squ .... feet 01 retail space Load lactor-f8!ail space Building construction costisq.fL-retallspace empIoy&e -Shop Space Indlred jobs multiplier Ia' Indlrecl jobs multiplier for jobs Share of Indinect jobs captured by Renton Share of Indiredincome captured by Remon Assumptions KingCo. est aversee FIE wage for direct recurring retal jobs on-slte King Co. averaee annual wage for an indirect jobs King Co. average annual wage for project designlmanagement Average annual wage for On&-time construction jobs ~~~ BS %.;fb~~i;d Real estate turnover Total assessed value Renton Urban VilIage-P-FINJd, 11113103 1,989,821 IH."rII,.nrl $ $ ,r.om/w estimates $ 1 The data and calculations presented herein while not 9UBf8nteed. have been obtained from sources belaYed to be reliable. Pagel REAL ESTATE ECONOMICS '-•. ..,. Summary -. One-time Land One-tlme Building Recurring Develooment Develooment 2005-2008 in 2009 JOBS Direct JoBs 61 73" 1,132 Indirect Jobs 91 122 1065 Total Jobs 153 196 2,197 INCOME Direct Income ~ 3,149,119 $ 15,052,400 $ 33,962,500 Indirect Income 3922789 $ 21 034 316 $ 45607488 Total Income $ 7,071,908 $ 36,086,716 $ 79,769,988 PROPERTY VAlUE INCREASES Not applicable Not applicable $ 65,996,257 TAX BASE INCREASES Assessed Valuation Not applicable Not applicable $ 65,996,257 Retail Sales $ 12,882,759 $ 61,576,000 $ 143,946,750 Real Estate Sales Not applicable $ 97,742,657 $ 6,599,626 Gross Business Receipts $ 14,314,177 $ 68,420,000 $ 143,946,750 SELECTED TAX REVENUE INCREASES (Property, sales, B&O and real estate) State Taxes $ 1,189,652 $ 5,143,454 $. 10,356,729 Local Taxes City of Renton-property 100% in city $ 245,167 $ 959,766 $ 1,554,562 King County-property 0% in countY $ 17,392, $ 63-,130 $ 95,695 Renton Urban VlJlage-P-AN.xl, 11113103 The dati and cak:utationS presented hI!Jrein while not guaranteed, have been otrta;ned from soun::es beieved Ul be reliable_ Page 1 REAL ESTA 7E ECONOMICS land us.. RelaiI-BiglMed Box Relail-ShopSpaC8 TOTAL 'Net Sqft , 428,450 104,500 532,950 Business Receipts RetanSales Annual persgft . Retalt SaJes $ 275 $ 117,823,750 $ 250 $ 26,125,000 $143,948,750 Annual Employment Gross receipts 714 $ 117,823,750 418 $ 26,125,000 1,132 $143,948,750 RentDnUrban VilIage-P-FlNJd, 11113103 Page 1 The daIa and _ presented __ not gua<anteed. have been obtained 110m """""'" believed to be refoable. REAL ESTA TE ECONOMICS -~ ..... . l, Real·E!;tate Sales Retail Bales Gross· BUsiness Receipts Renton Urban VoIIage-P-FIN.xI, 11113103 $ $ Taxbases One-time through Land $29,322,857 $ 12,882,759 $ 14,314,177 $ One-time Building .97,742.857 61.578.000 68,420,000 143.948;750 143,948.750 The data BOO c:aIcUaIions presented hen!in whRe not guaranteed, have been obtained from sources befieved aD be reiiatHe, Page 1 REAL ESTATE ECONOMICS Assessed Valuation land valuation Reo .... Urban VillagoH'-FIN.xI. 11/13103 The data and CIIc::uIaHons presenIed henIIn whie not guaranteed. hsYa been obtained from scuces beIIwed to be reliable. Pagel REAL ESTATE ECONOIIIICS Commercial SqFt Net Gross Renton Urban Vdlage-!'-FIN.xJ, 11113103 Page 1 The dalaand calaJIaIions ~ he .... while not guaranteed, have been obtained from so,,,,,,,,, _'0 be "'~able. REAL EST ATE ECONOMICS Onetime Jobs ..... ,From Development From DeVe/'opinent 1tE!m QfLand .. Of BuildinlJs PROFESSIONAL JOBS Design and management costs $ 1,431,418 $ 6,842,000 Average salary $ 65,000 $ 65,000 Biliing'hlUlllptier' 2,5 2.5 Professional job years 9 42· Total professional wages $ 572,567 $ 2,736,800 Annual professional wages $ 572,567 $ 684,200 Project duration in years 1 4 Professional jobs created 9 11 CONSTRUCTION JOBS Construction labor costs only $ 5,153,104 $ 24,631,200 Average salary $49,000. $49,000 Billing multiplier 2.0 2.0 Construction job years 53. 251 Total construction wages $ 2,576,552 .$ 12;315,600 Annual construction wages $ 2,57~,552 $ 3,078,900 Project duration in years 1 4 Construction jobs created 53 63 Total Equivalent New Jobs 61 73 Annual Wage Income for New Jobs 3,149,119 3,763,100 Total Wage Income for New Jobs $ 3,149,119 $ 15,052,400 RentOn Urban ViiIage-P-FIN.xI. 11/13/03 Page 1 Th. data and calculalk>ns ""'""""'" __ no! __ been oblalned from sourt<IS believed 10 be .e .... bIe. REAL ESTATE ECONOMICS Recurring Revenue WAState " . 2009 2002 Ioiioomum 2009 RecuJJir!g·revenues TaxB_a5e T"",Rate Revenues Property Tax $55,996257 ·$3~6000 $237,587 SalesTa>c $143,948,750 8;50% $9,356,669 8&OTax" $143,948,750 0.471% $677,999 Real~e T",nsfer $6,599,626 128% . $84,475 TOTAL $10,356,729 K"mg' County 2009 2002 2009 Recurring revenues Tax Base '. Tax Rate Revenues Projierty Tax $55.996257 $1.4500 $95,695 Sales Tax $0 1.00% $[} 8& o '[ax $0 0.00% $0 Real Estate Trnnsfer SO 0.50% $0 TOTAL $95,695 .. City Of Renton 2009 2002 ·2009 . Recurrina revenues Tax Base Tax Rate Revenues Property Tax $55,996,257 $3.3500 $221,087 Sales Tax $143,948,750 0.85% $1,223,564 8&OTax $143,948,750 0.00% $0 Real Estate Transfer $6,599,626 0.50% $32,998 HeadTaxlYr 1,398 $55.00 $76,912 TOTAL $1,554,562 *Wa Stats 8&0 Tax rate forrelal1ing R...-Urban Village-P-FINA 11/13103 The data end_ c:ateuIations presented herein wMe nol guaranteed, have been obtained 'from sources beIieYed to be reliable_ Page 1 REAL ESTATE ECONOMICS Onetime R!!venue . WAS-LaneNl"". ' 'BllllllingOeV, 2002 Tn One time revenues Period~'fm[I8ase T:8X',Base Rate Le.lcaae Sales Tax $ ,12,882,759 $ " ::61,578,000 '650% 10.00% B& o Tax" $ 14,314,177 $ ·68,420,000 0,471% 10'00% Real Estate Transfer $ " 29;322.857 $ 97.742,857 1.28% 0.00% TOTAL .;. King County Land'bi!y. BIIIIIIIn9 DeY. 2D02TIiX One time revenues Pttriod Tax Base Tax Base Rate lealia .. SaiesTax $ ,12,882,759 ,$ 61,578,000 0.16% 10:00% 8&OTax $ ilt.314.177 $ 68,420,000 0.00% 10:00% Real Estate Transler $ 20;322.857 .$ 97.742.857 D.OO% 0.00% TOTAL , City of Renton Land Dev .. Buildlng'Dcrv. 20D2Tax One time revenues Period Tax Base Tax"1Iase Rate Lea_ , Saies Tax $ 12,882,759 $ 61,578.000 0.85% 10.00% 8&OT.,. $ 14,314,177 $ 68,420.000 ' 0.00% 10.00% Real Estete Transier $ 20.322.857 $ 97.742.857 0.50% 0.00% TOTAL "Wa SbJbt B&O Tax rate for IetaIIng Rentoo Urban VJIage-P-FIN.xI, 11113/1J3 ihe data and caleulalions pnt:Sen1&d herein while not guaranteed.-have been obtained Irum sourt:e$ be6eved ID be refrable. '""'.r .. Land 0Iiv. Bonding Dev. Revenues Revenues $753.641 $ 3,602,313 $60,678:$ 290.032 $315,333 $ 1,251109 $1,189,652 S ·5,143,454 Land beY. Bulkling Dev. Revenues Revenues $17,392 $ 83.130 SO $ - SO $ , - $17,392 $ 83,130 Land DeY. Building Dev. .. RtWenues Revenues $98.553 $ 471.072 .$0 $ - $146 614 $ 488714 $245.167 S 959.786 Page 1 REAL ESTATE ECONOMICS Boeing CPA· Estimated Cost for Water Infrastructure Improvements 10116103 , Phase 1 Length Cost with street Location From To In ft. rllstoratlon 1 Park Ave N. Garden Ave N. N. 8th St 2000 $ 500,000 2 N. 8th SI. extension Park Ave N. Logan Ave N. 1300 $ 325,000 3 Logan Ave N. .N. 8th SI. N. 6th SI. 1300 $ 325,000 1· Pressure reducing 4 station at West Hili Pump $ 200,000 5 N.1othSt. Park Ave N. Garden Ave N. 650 $ . 162,500 Subtotal 1 to 4 $ 1,512,500 Phase 2 6 Logan Ave N. Garden Ave N. N. 8th SI. 2700 $ 675,000 7 N. 10th St Houser Way Garden Ave N. 900 $ 225,000 8 N. 10th St Park Ave N. Logan Ave N. 950 $ 237,500 2 ·Pressure reducing 9 stations at Highlands $ 200,000.00 3·200 ft water stubs to 10 properties west of Logan 600, $ 150,000 Subtotal 6 to 10 $ 1,487,500 ITotal1 to 10 $ 3,.000,000 Future Reservoir in Kennyda/e 320-zone $ 5,000,000 "" Note: Cost excluding street patching for 6 ft wide x 6" thick asphalt patch over water line trench within streets where new water lines will be Installed • A~~halt cost estimated at $90/ton II Abdoullb oelng/boelng·lnfraslruclu re·cost -est. 0 1 .xls-1 0/6/03 Cost without street restoration •• $ 459,500 $ 298,675 $ 298,675 $ 200,000 $ 14'9,338 $ 1,406,188 $ 620,325 $ 206,775 $ 218,263 $ 200,000.00 $ 137,850 $ 1,383,213 $ 2,789,400 I $ 5,000,000 ,- Exhibit 6Po .......... -.&,1 ................... & ..... 6; OJ'"-----... _.----. -: ,-.--~ ._ .. _. . .J ---"--"" _. . .... ___ '-MAXLMUJYC1WAn:AB~ErRL-ELOW--.. --_ ---_ -. __ -__ --WIT-H-N~ -WAlER-MAIN-IMPRQVEMENl=-S ---U,--·---.. --JS 5.600 --GA[lQNS-PER--MINlJTE. ___ _ -"'----. -(1) TljRO·l,J_<!ln:])-·~~E-1.-W~!ER~~iN)ol_PR~~-t~l.!AlEO_COW .cD .lliRO!L<!tlQ9)-P_~E 2.-WAllR -MAlN--IMPR~~ -. NEW 12' 'ro Z-0 () -' CD <£, -' (\) ~ 1 '*-~ -' ~ r-DET. #8 __ J 96 0 @) ? CD "-~ (\) 2 z NEW '2' ~. 0 ..:::<:: ~ '-0 Q) Q ~ > « 12" M~-;;;" ® 18' 0 STAnoN EXISTI " , 6 NEW 12' 6th st. ~ ... 1X1ST12' IlJ6 ~ ,." "-\ N" 8 . '" 16" • OJ th -,-) ( ) -) ..; .. -.. a, "') I ( '\ . -, ."""'. -- • 6' B" p~V\ -DET. 119 B" . N B' 10" N st. It' . « . " DEl 1113 - , '" PHASE 1 196 • -.,......., ..... :.,< • B' 12" " .... PHASE 2. NEW 12" WAlERUNES AND STUBS $2.11 MIWON (:I: 10.400 no $2eO/FT) NEW PRESSURE REDUCING VN..VE STATIONS ..... --~O.OO ( 1 PRY ORENTON AIRPORT. 2 PRY'S IN HIG~DS NOT SHOWN ON MAP) 4th St. 6" PS 6" PROPOSED WATER MAIN IMPROVEMENTS FC BOEING CPA DEVELOPMENT AGREEMENT SEmMBER 1 , I f f I • • i I .~ .. "Ii J I ~ I \ .' .' ) I I \ ..-.. ., '-~\ '0' \)\li''-~1 LI\IZ£_'vI~\-\\NG1~ .----r ----- \\ \ :;; \ \\ ',\ \ ~ .. . .... ._.--, \.,---' DO . 0 D D f\\\ \l \\~ L--J EXHIBIT 7 \ \ !:',Ir II I'" I I nl~ Il~ ~ III 0 . I . '" -' . <I: '" W ~ <I: , -' on L;] - x . w .Il&rill:i I ill' ..,. I .......... II \,~<".<.,J #s §l ,,-> VJ II 1-"11 In lIT! -' " <t: ",0< "'W ~ <0: ~~. ~ . ; tt , N - x w I F=lll ~ llr--" oQ \ D/ ,~--~ .. '" -r- ---' .\ \\~ ~ ! 0 0 .II L-. 0 D~ Cl 1111 .. IlIItlUU..........-=~---,_III ----1':200' I-==:-=-~ CITY OF iiiiiiiiiiiO-- RENTON J .: • .':. J I ® ,.,.,..,....,~ • ..-n' .,.. "'-"-I B'I" lo.-.n:IAPPRi-1-- r j EX STORM PROP STORM 0 D BOEING-RENTON COMPo PLAN AMENDMENT PROPOSED STORMWATER IMPROVEMENTS PHAS!: I, 0I'T10N B I New '., OJ I f I I I f I I l ~ I ., , ! \ ffo' ~,t f>,\.-\.. .. \ 'J. LAKE 'vi AS\-\lNGl _ _ _---t/e--- o <> P" ... N ~I ~D \] -D ~"""fl EXHIBIT 7 lID. ......... ~IIISllnIt.D.. .. J : Ill't r J "\,11 ---m I M1E I N"PR r-....... °D o 1;: An:, s SIREET .A1'11t ,... nm ... , ....... --._-.. _---- CID -==~-=- ® 0 Am CITY OF ~ RENTON ----- EX STORt.! PROP STORM o BOEING-RENTON COMP. PLAN AMENDMENT PROPOSEDSTORMWATER IMPROVEMENTS lOrA!. BUlDOllT . ~ B McI¥ 14. 03 -- Boeing Compo Plan Amendment Phsss I Stonnwster Syatem Improvements· Option B Storm ROW ROW length of Coat Water Quality Water Total Cost Item Seament Imorovaments lenath {ftl Area (SF) Laterals (ft) ($) FBCilltv # Quality ($) w/out Restoration 1 BOC John', Creek to N 10th SO 12" laterals 1800 264,600 .,891 $107141 1 $240534 $347675 2 BOC N 10lh SI to N 8th St New 24" & 17' laterals 1100 161700 422 $307,4'82 1 $146 993 S4S4 475 3 BOCN6th5ttoN8thSt New 24" & 12"laterals 1200 176400 461 $335419 1 $160356 $495775 4 Perk A.ve N BOC to N 10th 5t 12" laterals 670 69010 397 $61479 1 $62733 $124212 Ir. ~_..u It" .. 10..1 It:! ~nn. ~I , .. Lt "'"--ron ~-1 .. < .. 1-.......~ ""0 497 $n 078 1 $78651 $155129 .. BOC· Boulevard of Champion I (Logan A ..... ) • Assume ROW 90% Imp.rvlouI, 10% 'and,eaplng. • Assumed costs Include permlttln,g, engineering, de&lgn, materials, construction. I!U1d Inlpectlon of pipe. cbs, backfill, etc. • A •• um. half-wldth Imp"",omonls on BOG '*VV'rater Quality FaclllUes . .Faclllty #1 At Log.n and Park Ave N -Treatment Area: Logan Ave (N 6th St to Park Ave N) & Park Ave N (N 8th St to Logan) -Size: 440' x 20' x12' -Facility #2 At N 10th St end Garden Ave N 0N or Garden Ave N) • Treatment Area: N 10th St (Garden A ..... N to PaT1< Ave N} Phaselandllstorm.xls ~ ~..... .. ......... ~... .. .. ~ ~.,... .. ... ., ~"' .. Diameter co.t($n~ 12 155 18 190 24 220 30 365 36 510 4' 655 Exhibit 7A Boeing Compo PI_" Amendment Phase II Slormwaler System Improvements -OpUon e SIOrm ROW Item Seament ImDrovements Longth (ftt 1 BOC (John', C'ook to N 100h St 12" laterals . 1800 2 BOC N 10th Silo N 81h SI 12" laterals 1100 3 eOCiN 8th St to N 6th SI 12"lato,.l, 1200 4 Pal1<Ave N Lake WA 10 BOC Now 12" & 12"I.to,.'. 1200 5 Park Avo N N 81h SI to N 61h SI) 12"10Ie,.,. 1320 6 Park Ave N N 6th Silo N 51h SII 12"lolo,.'a 660 7 N 1 OthSI (BOC 10 Pa,k Ave N) . Naw IS" & 12' late,.1s 930 8 N 10th SI Garden Ave N 10 1-405 New 18· & 12." laterals 1015 9 N 8th SI BOC 10 P.11< Ave N) New 18" &·12"'abirals 1 080 10 N 8th SI Pal1< Ave N 10 Gardon Ave N 12"late,.1s 805 11 N 8th St Gorden Avo NJo 1-405 It{-.!lW 48'! & 12" laterals 1250 12 N 61h SI Cada, Rive, to ~OC UPlltO 10 30" 1.280 13 N 6th SI eoc 10 Pal1< Avo N UOllta to 30" . 1,050 14 Outfall #10 lake 'A to BOC U size to 36" taoo T(]hr.1 1R.ARn ROW Lenglh of . Wale, Quollty A, •• (SEL Late,ol, (ft) Facllltv # 264,600 922 2 161 700 564 1 176400 614 1 123600 710 7 135960 781 2 87,980 391 2 80.910 . 551 1 88305 601 4 108000 588 1 80,500 438 5 125,000 880 6 160.000 758 - 67,200 622 ---- 1A40.155 8.220 Water Quality (S) SO SO SO 112358 $123594 $81 797 $73551 $80273 $98177 $73.178 $113631 --- 5736.559 Toiol Cost wI Tolal Cosl w/out Restoration ($ Resloration ($ S165.960 $142,1110 5101,520 $67420 $110 520 $95170 5456,158 S408,408 $264174 $244 649 $132177 $122402 $372681 _~35.656 $408,678 $366,278 $436217 $394 517 $152,018 $141,066 $) 111 031 $1,037781 $51200 $467200 $420000 $38325 $990 000 S918 000 55.631.134 55.144.709 Exhibit ?» Boeing Compo PI." Amendment Total Bulldout (OpUon B) stonnwater Sy.tem Improvement; Stonn ROW" ROW Length of Water Quality Water Totat Cost wi To(al Cosl wlou! Item Seament ImDrov.meills Lenath (H) Are. (SF) Laterala (ft) Facllltv.. Quality ($) RastoraUon .($ R •• toraUon $) John'. Craek to N 10th 51 12' latoral. 1 800 264 800 1 613 2 ~240 534 ,530 S74 .$490 491 • CVv N 10th 5110 N 8th SU Now 24' & 12' laleral. 1100 161 700 986 1 $146993 $599473 $541,8 3 BOC N 8.th St to N 6th St Now 24" & 12'latoral. 1 200 176400 1 075 1 $160 358 $653858 $e90 9 .*, 4 Park Ave N Lako WA to BOC) Now 12' & 12' late,ols 1200 123600 710 7 $112358 $458158 $4084 Ave N BOC to N 10th 5t) 12" latorals 870 89,010 397 2 $62733 $134193 $1242 A,veNN10thSttoN8thSl) 12"laterals 640 88520 497 2 $7S a li':<1 1!'1aCl~44 1!'1KJ::~ Avo N N 81h 5t to N 8th 5U 12' later.ls 1 320 135980 781 2 $123~ ,N N 8th 5t to N 5th St) 12' laterals 660 67,980 391. 2 $S' t BOC to P*~ Ave N) New IBM & 12"latbrala. 930 IV I~ 10th St Park Ave N to· Garden Ave N New IBM & 12"laterals 685 Ol:llJ1:Ig "tua .;J «'11OthStG.rdenAvoNtol",,05 . NowlS'&12"I.to,ol. 1,015 88305 601. 4 $ I Bth5t BOC to Park Avo N New 18" & 12" lole,ols 1080 108,000 588 1 ••• '" ,4, $, t CHt.. C!t (r'I~.1. A." N to Garden Ave N) 12" laterals 805 80500 438 5 $731781 ";1t if Ave N to t",,05) New4S' & 12" tet.,ats 1250 125,000 sao 6 $113,631\. 1!1 SI, * 15 N 6th St(C.da, Rlvo, to BOC Ups"'e to 30" 1 280 160000 758 • " •• N 6th St (BOC to P.rk Ave N Un.lz. to 30' 1,050 67,200 622' • "t $420 0051" $383.250 Ourtall #10 {laka WA 10 BOC Uasl,. to 36' 1 600 • • • • $990000 $918,0001 • BOC • Boulevard 01 Champions (Logan Ave) • Assume ROW 90% Impervloul,·1 0% tondscaplng. .. Assumed cost. Include permitting. englnee""g. deSign, materials, construction, ,and Inspection of pipe, cbs, bllckftn. etc. "Assume full croll·sectJons on sUslr.atl Total 16,685 1,655,260 11,094 $1,460,000 $7,614,170 S6,969,770 Coat wI Coat w/out Dlamoter (In.) ~.sloraUon (Mr~ •• !o",tlon (MP 12 180 155 18 215 190 24 250 220 30 400 385 36 550 510 48 700 655 ~" '. Exhibit 7C -' ~/ ,/ /~ 0 243 / '\ / -'. ,/ / ". ". 2. 5Q~ LF OF 12'r' -- , / " ... ~.:/ 123 124 1. 5-200' STUBS -'-' _--, FROM LOGAN' ~$~~OPE FOOT \ TOT~~;-$125,000 " " ~ \ \ \ \ \\ \ \, TO THE WEST AT $20,000 EACH TOTAL =$100,000 \ ,/ '// \ / .// , \ < «"/ /;/;/ \ ,/ //;>/ // ~,., '. '\ \.-.--, 5. 1300 L~ ~O\REPLA' EX. 8" wrr~ N,EW 14 . (AND LOW,E~ GRADE) @ $300 PE~ ~OQT . --01-57 // /-' \ \ //~,:/ \ ~/ /;/7 R02-7 , .:/' /;:>/ ><:.~ /' / /;;;X;~/, .f • I I I (EX. CONe. R0AIiJ) , , \ IMTOTAL = $39p).oOQ-· ,,:-", ;/" f ./~>~~/ I 1/.". >./ R02-6 ~/..,/ /,/ . /X/ / .!/ / ---_ __ _L_ jlh// ~/>0 " / / ,/ . ;' R02-5 : I . , ;' /" , / 3. 100 LF OF 12" : /r/ @ $250 . PER FOOT Z \;' R02-4 TOTAL = $250 000 Q..I I ! , > ! ; <[ ; i c c:s o -' , i I~ EXISTING KING CO. R . EASTSIDE INTERCEPTOR 02-3 . i 4. 1200 LF OF 12".J , II @ $250 PER FOOT I TOTAL = $300,000 , ! 1~2 0 II 0 '" I-I 170 ,---I- I I 2261 ~ II r r " 176 I 00: js Co . 231 " . en 20' 20' lbU 270 0 278 , 80 0 : 271 0 Q 0 . "i ")" I_I" . ~ 1----I2:3---- 274 190 I 1-~ 279 :>/;QoO 201 8' RQI-38A 202~'-... , 2.',.-----"---· _:o,.ll:l'~ I' .11 214- . 5.:11 .. co .. .&, ....•• ---,. ~ w :>: ZI TOTAL COST 1. WEST STUBS 2. LOGAN/PARK CONNECfOR 3. N. 10TH -,LOGAN TO PARK . 4. N, 8TH -LOGAN TO. PARK 5. GARDEN REPLACEMENT 100,000 .' -. . 125,000 250,000 300,000 390,000 $1,165,000 OR $1.2 MILLION \ \ -'\ PROPOSED BOEING CPA DEVELOPMENT AGREEMENT SEWER EXTENSIONS EXHIBIT 8 \. 20' 122 ~ 2 o :2 6 i_" , .. EXHIBIT 9 ~ ESTIMATED PtANNING lEVEL INFRASTRUCTURE COSTS IPresstm! reducing station at West Hill pump Pressure reducing stations at Highlands water sluhs to properties westof Logan 320-zone ":::::i' . For Selected Application as Development Occurs (2003 dollars) :i:._.:.,.",."":,,, NOTES: "Ublity segments may not e>:actIy match roadWay segments. Please see back up s~ for preeise detaiis. Private SeMces are the responsibirrty of the d~ . ... -stormwater Option B oses existing Infrastructu-e t? 0utfaiI13 on Johns Cr:.eJ< and therefore requires maintaining existing encumbrances~ Additional· Stonnwater costs may be necessary In District 1._ .. 3 lanes lanes from Logan and the 5 lanes Irom Pari< and the ultimate Logan Avenue buildout. Pari< is then assumed to narrow down 10 QJnl!ntwidth after Garden. -ROBdway assumed 10 transition badc.lo original width at Houser W<ry. Therefore, no inler$ecllon costs estimated. -e Not retevant lolhat phasing IimelTame ltd District 1 is divided into two subdisbicts. Within Disbict 1, estimated Sub<lislrict 1A infnlsIruelure costs are shaded. Subdistrict 1B costs are not shaded_ $621,000' $138.0001 '!' ~. t' -:-, • .,J; . ~- -'\ :"'. ... , ......... . -;!' ":",. ·1. ~ '.' :):!i!: '.; .~.~.'. ~ :.1.; 'iii!!'- ." " .;,,:- -"'"'"",,"-: .. -·';r····:·~i~~ " ·,::· ... ;.;,,'!\<'Ji;';.,4,.;,,:~: ;;~ 1;:, _';'_",-' @ PLAN VIEW sc.-.LE ,-. 400'-0· "-" " m lP' n .'J 1f n',\'illtijl' ____ --_-. ------_. ---"~' o\REA 8 I 10-80 Po\RCE1. SOutH 841.t48 SF 11.41 AC " -". -,;. .... ~ ... -., .. ~.,,~" I I , \\ ~\ _ .• -,- e'''' "'I.- ~\.- ~, \'. " \\ \\ -------" ... _! I 1---1 LI' i l r-" i£P~ ~1.;If, Wlf!! -.JW U ~ -IRt (c;:=---------.~:=::1 / Ii II [,_n,_ ... 1 __ ., i --l .. :' -"1 L \'. ,', :, \ \' \,\ ,..' '\, '[ -, '. \ " I, ,'t, ',', ',:, '\\ I, " , " \ '.\ \ \\ \~ \ .k·· , , \. \.,\ I t. " II'. ," \' " , , . " \. I', \. "1\ I'. ,,' i.\ '\, '-'. " " \' \, '-.1 ,',-', " I" ,I \. I\, ~ 'Ii \: ..... LEGEND , ' , -, .J, .\ ',I I .. I '\ 'i' \'. \ l' :ii :,.J. '·.::';;;·~;~·;:~'11-~;~::-'::'-~· t '-=:.=--:... ---=====-. -=--====---==-'~.1i1":';-.''-C: -'-""-c'." II1;_n,.,. II I ~J;;;.l!:!,.-W;IJ ~:=U! =iJJ I ~ I -~Ij ".;·,:~~t,-"--;;·:L!r'!"-,,-,,,-,ilIIC'j::'i.:::::l _, ~ 1,------' -11 I:::::::;;;::::.) PROPOSED R,o.W, ROADWAY CPNSTRUCllON TO SUPI'ORT SUBOlSTR1CT IA F«lN11IAY COlISTRucnOH TO SIlPPORT SUBDISTRICT 18 ~_ J ,0' l' ,0' .-,SQAtE IN Fm LJ o LJ o Ii! -I ® ROIofJIIAY StG\IEKf 'HI _""'" . . ,tt 'I ' i .. .,..--.--......"..-~ ... _---... t ~ Il L,\ , I ',.=':::="';::~--"~ ~AY SECTlON lOCATION ';'::.,.: --:.~ "",,;;. . -'-"'~. 'I Clo8l1I ·r.;:;~~:f;"11 ::<'\--.I:'~: ." \ ' C1 n. II I[~ 6.:':l i '; \ \ '; .. ' J , D l!f\ I bCDC--'JI !I., ;\\\',. .i·' 1 o . r:i .; I If" _,' \\ \\ I .. __ ... II) lS]I I' "J'I .. ;, 'I ,i \'.' \' "" '. J ri" L" [J III ",., . u d.J l/ t"j' r'li. 11'''r:-~·,'(:.':.,., "---1 S--ir= fl ._r-: .-. , '''] -', I" I" . I~, 1-' " 'r-::::"') 1 ... =' NOTES 1. AREA m .v~1ABlE FOllOWlNG RflLlGNMEliT or PAR~ AVENUE. AR£A SHOWN, IS tQ.UCED IN TOTAL AA~ CIlCIIlAnON FOR NI£A A I LOT J NORTH, J:1I ~ Btrett, SUIte 800 8Mttfa~IiI801 a!'OlI,II W«lOO Fu _ 382-OSIXJ IJ 1\O\1iI.eE1l = PROPOSED ARTERIAL RIGHTS ,OF TO SUPPORT DISTRICT 1 WAY EXHIBIT 10 .. ~ I ~ \, ! / TYPICAL SECTION 1: PARK AVENUE NORTH FROM PROPOSED LOGAN AVENUE TO NORTH 8TH STREET 4 LANES OF TRAFFIC WiTH A MEDIAN/TURNING LANE ______________________ ,eO'~s~G _____________________ , I RIGHT or WAY 1--_____ "' aSltlo MAtr""y----------\ 1~' EJIISlIHO I'IDAOW,I,Y TO .. """'" '4' D3S11"fC 1II00000WAY TO at "nlstll EXHIBIT 1 OA' =j Jltl ~ ji 11! I-.til." ~ ,,-I ,,-,,-I ,,- :mArA 11' MEDIAH/ TRAm TRAm lANE fURHlNG V,NE lANE LANE s' I .".,,_ 'AR:~G'1R~EES-J.,--...L-~I--I Y/lrn GRATES i' lOS' SlDEWAU<: RIGHT OF WAY WIDTH U11UllES f----r--'--,-.l-.-'PAA~Nt;" o 8' 16' 32' I " I , SCALE: 1"-16' PARTIAL BUILDOUT (SAME AS FULL BUILDOUT) !:JQIE! SECTIONS ARE DRAWN IN ACCORDANCE WITH TI-E KING COumY ROAD STAl'DAROS. AI'D TrE CrTY OF RENTON SmEET STAl'DARDS. ALL ROADWAY SECTIONS ARE ILLUSmA TlVE , Consulting Engineers 101 Stewsrt Street Suite 800 Seattle. Washington 98101 (206) 382:..0600 Fax (206~ 382-0500 10 NOVEMBER 2003 1, ~ICAL SECTION 2: PARK AVENUE SOUTH FROM NORTH 8TH STREET TO NORTH 8TH STREET 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE 10." HEW .-t---RnADW"i: ~:;~~sm----{ R=~D """""'""" EXHIBIT 108 ' ~)llliM, ~~=~==~JJi/\db 14 12 I 12:' t ,4. ' .. \. 0::::: TAAmC TIlAme-t-IoIED1AN/ -t--mAFl'lC TRA1'F1C---+,~-'---,_ ••• -TVRtilNG LANE ••• - '-___ c"o'c'u~ ... =.~ ______________________ ~ 8t' RIGHT or WAY 'MDlll UTIUTlE5 o 8' 16' J2' I " I , SCALE: 1"-16' liQIE: PARTIAL BUILDOUT (SAME AS FULL BUILDOUT) SECTIONS·ARE DRAWN IN ACCORDANCE WITH T/-E KING COUNTY ROAD STNlJARDS AfD T/-E CITY OF RENTON STREET STAfDARDS. ALL ROADWAY SECTIONS ARE ILLUSTRATIVE Consulting Engineers 10/ Stewart Street· Suite 800 Sesttle. Wsshlnoton 9810/ (2()6) 3$2-()600 Fax (206) 362-0500 10 NOVEM3ER 2003 T " ICAl SECTION 3: lOGAN AVENUE .fORTH 2 LANES OF TRAFFIC WITH A TURNING LANE ., :."'1' .. ,t \ '. . t' , ;S.~'Njf)FVi'\~' .. )i , ,.,'0:·1 '."-'. ~, /. ~ EXHIBIT 1 DC ' ~''''-~w..; ,ff.-·V. ~;' :t; .' ... ~ '=. . ,< if t-Zc -.. 'iJ.i;. :t;: '. \\ ~~.::: ,~, . ~~~-,"Z 'r\ · ... I{ ~-~ ) " I OUTltR TTc ~-'~_-. -'CC~7~ Cc _~~. ~"~ d"'" b.L c· _<'6 ffi J: i I I , ... , ~« _llI~TJI~1 ".~~I I. l.NI£ Tl.lllHIHO VJ4t VJI[ J LNft ~.~. rna! 'MTH GftA T(S !' f-----------------....,C6H~ s~!I~~ %n:~Jtn~~cT 2 S1S~~~W L.. ________ ~~ -,;~~~A~~::~;~~t----~~~~_I "----------o------------------------,-------.,~~~T~WAY ______________ -----------------~ o 8' '6' 32' SCALE: '".'6' ~ PARTIAL BUllDOUT TO SUPPORT SUBDISTRICT 1A SeCTIONS ARE: DRAWN IN ACCORDANCE: WITH TI-E KING COUNTY ROAD STANJARDS ANJ TH: CITY OF RENTON smEET STAtnARDs . ALL ROADWAY SECTIONS ARE ILLUSmAT/VE CQnsUlting Engineers KJI Stewart Street, Suite 800 Seattle. Washington gSm (206) 382-0600 Fax (206) 382-0500 10 NOVI:M3E:R 2003 .1 ~. \ , TY~ I~AL SECTION 5: NORTH 8TH STREt: r EXHIBIT 100 2 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE CV:~~"""'\ II ~IDEW,lo,U( a 8' 16' 32' I II I , SCALE: 1".16' 1:KllE: -'--,,-,-,,:' \ E-= -::.:= =1 J \. l@iO V l~ ". MEDIAN/ ltJRHINIJ LANE: 12' I ,,"' ·mAmc--l--TR~mc>--'--,--'--,-I t),NE LA.NE !I,~~ TREES WITH CRATES U!r'" ~~~':~~~~~~ntUenCt4 45.J; ~~~:f~~~~~Ci'a0!4'-------" f---------------"'I'I.IOtIT Of' WAY-_------------~ PARTIAL BUILDOUT TO SUPPORT SUBDISTRICT 1B SECTIONS ARE DRAWN IN ACCORDANCE WITH TI-E KING COtMTY ROAD STAJlDARDS AJID .TIt CITY OF RENTON STREET STAtDARDS.· All ROADWA Y SECTIONS ARE IllUSffiA TlVE Consultlrl{! Enr;lneers 101 Stewart Street Suite 800 Seattle. WashingtOn 98101 (206) 882-0600 Fax (206) 882-0500 10 NOVEMBER 2008 , " T l,ilCAL SECTION 7: NORTH 10TH STREET 2 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE . ':1-J . \~.' "1.1 <'\ '. '1):>>-', . EXHIB\T1v~ '.f?fl" ifI-';, -~~:;-\< J~:5' '.'-~,.-.~ . .......,... "1\ . . Il ffi,n,Vl~ '--------' i 't:r~-==-:-~:"~.:=:~.;: __ ,---:::...._ 1 i CURB ,toNI), CUTTER IDtWAI)( 12' I 12' I. 11' M(DI'AH/ -1--TRml~TRAffIC,..-J--r-l----,,..-j l'VANING LAm: ~NE lANE " S\tltVl',l,I,.I<;;' Ull\,.lTI[S Jl." -~~p:~~~kc~tfruCl\~ 4~~ ;:~:r;JB~~~~cl1~------- ~ _________________________ 'n'~~TWWA1 _____________________ -4 PARTIAL BUILDOUT . TO SUPPORT SUBDISTRICT1A o 8' 16' . 32' SCALE: 1"=16' WIE! SECTIONS ARE DRA I0\1Il IN ACCORONVCC WITH J'"I€ KING COUNTY ROAD STAMYAFlDS An) TI-E CITY OF RENTON STREET STAtDAAOS. . ALL ROADWAY SECTIONS ARE ILLUSTRATIVE ,k ff Consulting 81glnasrs 101 Stewsrt Street, Suite 800 Seattle. WashIngton 98101 <2(6) 382-0600 Fax (206) 382-0500 10 NOveveER 2000 • CITY OF RENTON, WASHINGTON ORDINANCE NO. 5242 AN ORDINANCE OF THE CITY OF RENTON, WASIDNGTON, DESIGNATING A PLANNED ACTION FOR SUB·DISTRICT l·B OF THE BOEING RENTON PLANT PROPERTY, AN APPROXIMATELY 51 ACRE PARCEL BOUNDED BY LOGAN AVENUE N., GARDEN AVENUE N., NORTH 8TH STREET, AND 6TH STREET. WHEREAS, RCW 43.21C.031 and WAC 197-11-164, -168, and -172 allow and govern the application of a Planned Action designation; and WHEREAS, an Environmental Impact Statement (EIS) entitled the "Boeing Renton Comprehensive Plan Amendment EIS" has been prepared to study the impacts of redeveloping a portion of Boeing's Renton Plant property; and WHEREAS, the EIS analyzed the potential environmental impacts of mixed-use development on that portion of the Boeing Renton Plant known as Sub-District 1-B (see Exhibit A); and WHEREAS, by Ordinance No. 5026, the City has amended the Comprehensive Plan Land Use Map for the Boeing Renton Plant from Employment Area -Industrial (EA-I), Employment Area -Transition (EA-T) and Employment Area Office (EA-O) to Urban Center North (UC-N); and WHEREAS, by Ordinance. No. 5027, the City has amended the Zoning Map for the Boeing Renton Plant from Center Office Residential (COR) and Commercial Office (CO), to Urban Center North 1 (UC-Nl); and WHEREAS, in 2003, the City and Boeing entered into a Development Agreement based on the analysis in the EIS, which is recorded under King County recording number 20031210001637 ("Boeing Development Agreement"); and ORDINANCE NO. __ _ WHEREAS, on November 7, 2005, the City approved a Conceptual Plan for Sub- District I-B ("IB Conceptual Plan"), attached as Exhibit B; and WHEREAS, an Environmental Consistency Analysis has been prepared for Sub-District IB, which compares the proposed IB Conceptual Plan to the range of development alternatives analyzed in the EIS; and WHEREAS, this Ordinance designates certain land uses and activities within Sub- District I-B as "Planned Actions" that are consistent with the Urban Center North I (UC-NI) designation and zone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Purpose. The City of Renton declares that the purpose of this ordinance is to: A. Set forth a procedure designating certain project actions within Sub-District J-B as "Planned Actions" consistent with state law, RCW 43.2IC.031; and B. Provide the public with an understanding as to what constitutes a Planned Action and how land use applications which qualify as Planned Actions within Sub-District I-B will be processed by the City; and C. Streamline and expedite future land use permit review processes for development in the Sub-District I-B area that is consistent with the 1B Conceptual Plan by relying on existing detailed environmental analysis for this area. SECTION II. Findings. The City Council finds that: 2 ORDINANCE NO. __ _ A. The EIS addresses all significant environmental impacts associated with the scenarios described in the EIS for Alternatives 1,2,3, and 4 as referenced therein, and the IB Conceptual Plan is encompassed by and consistent with those Alternatives; and B. The mitigation measures contained in the Boeing Development Agreement, together with the City's development standards, and standard mitigation fees (parks, Fire and Traffic), are adequate to mitigate any significant adverse environmental impacts of the proposed 1B Conceptual Plan; and C. The expedited permit review procedure set forth in this Ordinance is and will be a benefit to the public, will protect the environment, and will enhance economic development; and D. Opportunities for public involvement have been provided as part of the Comprehensive Plan redesignation, the Boeing Plant rezone, the EIS, and the Conceptnal Plan review and approval process for Sub-District I-B. SECTION III. Designation of Planned Action; Procedure and Criteria for Evaluating and Establishing Projects as Planned Actions. A. Planned Action Designated. The Planned Action designation shall apply to the Sub-District l-B site, as shown on Exhibit A, and associated off-site improvements. Uses and activities described in the IB Conceptual Plan, attached as Exhibit B, subject to the thresholds described in Alternatives 1,2,3, and 4 analyzed in the EIS, and subject to the mitigation measures required by City Codes or contained in the Boeing Development Agreement, are designated Planned Actions pursuant to RCW 43.21.C.031. Additionally, the Planned Action designation shall apply to any off-site improvements necessitated by the proposed development on Sub-District IB, where the off-site improvements have been analyzed in the Ers. 3 ORDINANCE NO. __ _ B. Environmental Document. A Planned Action designation for a site-specific pennit application shall be based on the environmental analysis contained in the EIS. !be Development Agreement, together with existing City 'codes, ordinances, standard mitigation fees, and standards, shall provide the framework for a decision by the City to impose conditions on a Planned Action project. Other environmental documents incorporated by reference in the EIS may also be utilized to assist in analyzing impacts and determining appropriate mitigation measures. C. Planned Action Review Criteria. 1. The Director of Development Services, or the Director's designee, is hereby authorized to designate a project application as a Planned Action pursuant to RCW 43.21C.031(2)(a), if the project application meets WAC 197-11-172 and all of the following conditions: a) The project is located on Sub-District I-B, or is an off-site improvement directly related to a proposed development on Sub-District I-B; and b) The project is consistent with the Renton Comprehensive Plan adopted under RCW 36.70A; and c) The Director has determined that the project's significant environmental impacts have been adequately addressed in the EIS by reviewing the environmental checklist or other project review form as specified in WAC 190-11-315; and d) The project complies with the Planned Action threshold described in this Ordinance; and e) The Director has determined that the project's significant impacts have been mitigated through the application of the Boeing Development Agreement, as well as 4 ORDINANCE NO. __ _ other City requirements, standard mitigation fees, and conditions, which together constitute sufficient mitigation for any significant environmental impacts associated with Sub-District I-B development; and f) The proposed project complies with all applicable local, state and federal regulations, and where appropriate, needed variances or modifications or other special permits have been requested; and g) The proposed project is not an essential public facility. D. Effect of Planned Action. 1. Upon designation by the Director that the project qualifies as a Planned Action, the project shall not be subject to a SEP A threshold determination, an environmental impact statement (EIS), or any additional review under SEP A. 2. Designation as a Planned Action means that a proposed proj ect has been reviewed in accordance with this Ordinance, and found to be consistent with the development parameters and environmental analysis included in the EIS. 3. Planned Actions will not be subject to further procedural review under SEPA. However, projects will be subject to conditions designed to mitigate any environmental impacts which may result from the project proposal, and projects will be subject to whatever permit requirements are deemed appropriate by the City under State and City laws and ordinances. 4. Amendments of the approved Sub-District iB Conceptual Pian may be approved administratively, so long as such amendments remain consistent with the spirit and intent of the adopted Plan. For development of Sub-District IB qualifYing as a planned action pursuant to this Ordinance, a proposed amendment of the Sub-District IB Conceptual Plan is 5 ORDINANCE NO. __ _ consistent with the adopted Plan's spirit and intent if such amendment does not exceed the maximum development parameters analyzed in the EIS. If amendments of the approved Sub- District IB Conceptual Plan exceed the maximum development parameters reviewed in the EIS, supplemental environmental review may be required under the SEP A rules. E. Plauned Action Pennit Process. The Director shall establish a procedure to review projects and to determine whether they meet the criteria as Plauned Actions under State laws and City codes and ordinances. The procedure shall consist, at a minimum, of the following: I. Development applications shall meet the requirements ofRMC Chapters 4-8 and 4-9. Applications shall be made on forms provided by the Department and shall include a SEPA checklist or revised SEPA checklist [where approved through WAC 197-11-315(2)] or such other environmental review forms provided by the PlauninglBuildinglPublic Work Department. The checklist may be incorporated into the form of an application; 2. The Director shall determine whether the application is complete as provided in RMC Chapter 4-8. 3. If the project application is within Sub-District I-B, the application shall be reviewed to determine whether the proposed application is consistent with and meets all of the qualifications specified in section III of this Ordinance. 4. Upon review of a complete application by the City, the Director shall determine whether the project qualifies as a Planned Action. If the project does qualify, the Director shall notify the applicant, and the project shall proceed in accordance with the appropriate permit procedure, except that no additional SEPA review, threshold determination, or EIS shall be required. 6 ORDINANCE NO. __ _ S. Public notice for projects that qualify as Planned Actions shall be tied to the underlying permit. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a Planned Action. If notice is not otherwise required for the underlying permit, no notice is required. 6. If a project does not qualify as a Planned Action, the Director shall notify the applicant and prescribe an appropriate SEPA review procedure consistent with City SEPA procedures and state laws. The notice to the applicant shall describe the elements of the application that result in disqualification as a Planned Action. 7. Projects disqualified as a Planned Action may use or incorporate relevant elements of the EIS, as well as other environmental documents to assist in meeting SEP A requirements. The Environmental Review Committee may choose to limit the scope of the SEPA review to those issues and environmental impacts not previously addressed in the EIS. SECTION IV. Validity Period. This Planned Action Ordinance shall be reviewed no later than December 31, 2016, by the Development Services Director to determine its continuing validity with respect to the environmental conditions of the subject site and vicinity and applicability of Planned Action requirements. Based upon this review, the Ordinance may be amended as needed, and another validity period may be specified. SECTIONV. Conflict. In the event of a conflict between the Ordinance or any mitigation measures imposed pursuant thereto and any other ordinance, or regulation of the City, the provisions of this Ordinance shall control, EXCEPT that provision of any Uniform Code shall supersede. SECTION VI. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its application be declared unconstitutional or invalid for 7 ORDINANCE NO. __ _ any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any other person or situation. SECTION VII. 1bis ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY mE CITY COUNCIL this II th day of December, 2006. Bonnie I. Walton, City Clerk APPROVED BY TIlE MAYOR this II th day of December, 2006. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Dec. 15,2006 (summarv) ORD.1321 :12/6/06:ma Kathy Keolker, Mayor 8 . "> --. -, .. ---. "----.... ... .. -.----.~-. .-----. --~ .. -... _. . _. _. -~-.-.. -,.-: ...... ---.-_ ... [1 Airpor I Irban Center North District Sub-areas .",triets SUbject to Conceptual Plan Approval Exhibit A THE BOEING COMPANY CONCEPTUAL REDEVELOPMENT PLAN SUB-DISTRICT I-B Submitted to the City of Renton October 3, 200S Exhibit B Background CONCEPTUAL REDEVIi:LOPMENT PLAN Sub-District l-B Renton, Washington The Boeing Company has been working with the City of Renton since early 2003 to evaluate potential redevelopment strategies associated with its 737 facility in Renton, Washington (the'''Renton Plant Site"). In December 2003, The Boeing Company and The City of Renton entered into a Development Agreement that established certain roles and responsibilities for the potential phased redevelopment of all or a portion of the Renton Plant Site, including: • Renton commitments to fund and construct certain public infrastructure improvements; • Boeing commitments to fund certain private aspects of redevelopment; and • Boeing commitments to complete Conceptual Plans when it elects to subdivide, develop, sell, or otherwise alter any property for uses not related to airplane manufacturing. Per the terms of the Development Agreement, Conceptual Planning was anticipated to occur incrementally, and would be completed for three discrete areas of the Site, known as Sub-Districts I-A and I-B, and District 2 (see Exhibit I). City Council approved Boeing's Conceptual Plan for Sub-District I-A in December 2003 and amended it in October 2004. Boeing subsequently sold tbis portion of the Site to Harvest Partners in December 2004. Harvest Partners is currently refining its development plan for Sub-District I-A, which is also sometimes referred to as both Lots I - 4 and Lakeshore Landing. Harvest Partners' preliminary planning anticipates the development of an urban retail center containing approximately 800,000 square feet of retail, with the potential for additional hotel, office space and multifamily residential units. Construction of the retail project is anticipated to begin in 2006. Sub-District I-B Sub-District l-B is located immediately to the south of Lakeshore Landing, as illustrated on Exhibit 2, and totals approximately 50.7 acres, net ofthat portion which has heen reserved for the extension ofa four-lane 8th Avenue between Logan and Park Avenues. As is outlined within the 2003 Developmellt Agreement, the construction of two new lanes along this segment ofSth is necessary to slipport the redevelopment of Sub-District l-B (see Exhibit 3). Page I 0(9 OC!(lhcr 3, 2005 The City of Renton is currently completing its design for this segment of 8'h Avenue, and expects to begin building at least the two northern-most lanes in March, 2006, simultaneous with the other infrastructure improvements necessary to support the redevelopment of Sub-District I-A. Ultimately, two additional lanes (to the south) along this same segment of 8'h will be required to support the redevelopment of District 2. Harvest Partners has a Right of First Offer to purchase a portion of the Sub-District which totals approximately 21.2 acres (see Exhibit 3). Harvest Partners has indicated their interest in developing this portion, known as the ROFO area, with retail uses that are complementary with the proposed development of Sub-District I-A as an urban retail center. The development intent ofthe ROFO area as depicted with this Conceptual Redevelopment Plan is based upon feedback from Harvest Partners as to their proposed project and from The City of Renton as to their goals for redevelopment within the Urban Center North. The remainder of Sub-District I-B contains approximately 29.5 acres and is described herein as the "Boeing Remainder", as illustrated on Exhibit 2. Portions of the Boeing Remainder are currently improved with office buildings that Boeing owns and wiiI continue to utilize as part of on-going airplane manufacturing plant operations. Interspersed between these existing office buildings are approximately 12.85 acres of the Boeing Remainder that have been identified as potential development parcels ("DP I" through "DP 4") within this Conceptual Plan. Submittal Included within this submittal are a narrative description of Boeing's proposal for Sub- District I-B, a Conceptual Planning Diagram, and two economic benefit analyses demonstrating a range of potential one-time and recurring revenues generated by: (1) Development illustrated within the Planning Diagram on the ROFO portion of the Sub-District (beginning in 2007); and (2) Development illustrated within the Planning Diagram on the Boeing Remainder (beginning in 2007 [orDP I and in 2016 forDP 2 -DP 4). Boeing seeks the City's approval of this Conceptual Plan so that it can complete a Binding Site Plan creating additional lots, and fmalize negotiations with Harvest Partners related to the acquisition of the ROFO portions of the Sub-District. The timing of a land surplus decision by Boeing or redevelopment associated with the majority of the Boeing Remainder (with the exception ofDPI) is not currently envisioned to occur sooner than 5 to 10 years in the future. P8ge 2 01'9 October 3, 2005 " . ~ . y' .,' :-"'-. .; ----.... \ I I .; _ .... :,c"""i,i(t?j''t'; }:\Wlf' "$:fjP " .".-) ",y~~~ ·';t>· '>~> .. ,'>j~ FULLER SEARS ARCHITECTS CONCEPTUAL PLAN SUB-DISTRICT 1-8 \" .. '-;. OP'1 MAX 110".UNITS PEi!M:RIO 'MU(TI"'~MllY '13"jiIO",t!t IAl (5$); lI!:>IlrS) ~,srOR' ~~\L~~SF; R L AElAJL LAB o OFFICE P PARKING GARAGE MF -- MULTI-FAMILY PEDESTRIAN CONNECTIONS DP-2 ~AX,. TWO '&.ST0RY LA&BLOGo. (36(),OOO SF 'TPTAL) ~;.., ro1~E6WG· t-;~oOoSF) LAB BLDG. (i8P~oo6SF) Wt;>HAAED PARKING IN OP-2_ GAmAGE NOn:: •. "".xiq~!= 6.sfOlWBillG. If_OffICE (l2I?oOO Sf) 'Mil'fNEW PARKING GARIIGE GARAGE troTE; MAX. twO S-STOAY BLDGs. IF OFFICe: (300,000 Sf) W\TH NEW 2-3 S10RY PARKING GARAGE , , ' Conceptual Development Plan The Conceptual Plan for Sub-District 1-8 is comprised of two somewhat distinct parts. The ROFO area makes up the northern portion of the property along 8th Avenue, has been identified as surplus by Boeing operations, and is available for near-term redevelopment. The Boeing Remainder makes up the southern portion ofthe Sub-District, and contains 660,000 square feet of existing office space with re-use potential and approximately 12.85 acres ofland with future redevelopment potential. ROFO Area Boeing recognizes that high-quality retail development is essential to the successful transition of the area from its industrial roots to the City's vision for the Urban Center- North. Harvest Partners and the City are both committed to ensuring that the development at Lakeshore Landing is well-designed and initiates redevelopment of a quality and at a scale which is consistent with the City'S long-term vision for the area. As planning for Lakeshore Landing has progressed, the land south of 8'h has been identified as an important component of the overall project. The area, known as the ROFO portion of Sub-District l-B, has been illustrated within this Conceptual Plan as an integral part of the retail development planned to the North. The ROFO portion of the Sub-District is envisioned to contain a large format . , "destination" retailer located along Logan Avenue, with supporting retail shops space concentrated along both sides of Park Avenue. Generally, the large format retail development (users with footprints of 50,000 square feet or larger, and building heights up to 45 feet) is planned to occur along 8th and Logan, facing eastward toward Park Avenue. The supporting retail shops space would include a mixture of medium format retailers (ranging between 10,000 and 50,000 square feet in area, with building heights up to 40 feet) and some component of smaller, specialty retail shops overlooking Park Avenue. The Plan anticipates pedestrian connections to occur internally within the site both east toward Park Avenue, and south toward 6'h A venue. Vehicle access would occur off of Park Avenue, with loading and delivery functions relying upon Garden Avenue and an internal service road running along the southern edge of the ROFO property line. At a maximum lot coverage ratio of 30%, the ROFO site could accommodate up to 270,000 square feet of retail space. Harvest's current planning anticipates a total of 225,000 to 230,000 square feet, comprised of a 135,000 -140,000 square-foot large format retailer loeated along Logan, and 85,000 to 90,000 square-feet of shops space. Parking is located in well-organized surface parking lots, with primary pedestrian entrances facing inward or directed toward Park A venue. A small portion of the site, containing a data hub for the Boeing Plant, needs to be retained by Boeing for the foreseeable nlture. It can be accommodated along the Page 5 of9 Ocl()ber J, 2005 southern portion of a mid-block parking field without having a negative impact on the surrounding retail uses. Summary Redevelopment ofthe ROFO parcel as envisioned within this Conceptual Plan meets many of the City's vision and policy statements for the Urban Center-North, which call for "retail integrated into pedestrian-oriented shopping districts." This site is located within District I, where the City identifies its first objective as follows: "Create a major commercial/retail district developed with uses that add significantly to Renton's retail tax base, provide additional employment opportunities within the City, attract businesses that serve a broad market area and act as a gathering place within the cornmunity.lJ Boeing Remainder This portion of the plan is significantly influenced by the presence of four, 1980s-vintage office buildings that are located throughout (the 10-13, 10-16, 10-18 and 10-20 buildings). Each structure is 5 -6 stories in height, ranging between 160,000 and 170,000 square feet. Parking is acconunodated in separate, structured garages and in surrounding surface lots, at an overall ratio of 4.5 stalls per 1,000 square feet. Boeing currently utilizes these four buildings and anticipates no near-term changes that would result in significant rehab or sale of the structures. In additionto the existing office buildings, there is also a I 960s-vintage lab building, known as the 10-71 building, located along Logan Avenue. Although the condition of the building and the planned widening of Logan Avenue may impact its potential re-use, Boeing and the City are interested in exploring viable adaptive re-use opportunities. To illustrate the potential capacity for redevelopment within the Conceptual Plan, the 10-71 building has been assumed to be demolished, creating a 4.9-acre development parcel between Logan Avenue and the 10-20 building (DP]). However, Boeing would like to retain the flexibility of considering either re-use ofthe existing structure or redevelopment in the future. We have assumed that the existing office buildings remain, but could be supported in the future by parking at a market-driven ratio on.5 stalls per 1,000 square feet, rather than at Boeing's more conservative rate. As a result, surplus parking stalls exist within the three existing parking garages, and three additional development parcels are created: a 3.9-acre site between the] 0-18 and 10-20 buildings (DP2); a 1.8-acre site on the west side of Park Avenue north of 6th (DP3); and, a 2.2-acre site on the west side of Garden Avenue north of 6th (DP4). Pnge 6 of9 October J, 2005 DPI This 4.9-acre parcel is located along Logan Avenue, immediately south of the ROFO property. Fronting on 6th Avenue, it is also adjacent to the 10-20 office building and associated parking structure. Given its location and near-term redevelopment potential, the Plan envisions its redevelopment as either a mid-rise, multifamily project or, potentially, a retail development ancillary to that anticipated on the ROFO piece. If, instead, the existing building were re-used, it is envisioned that it would be of interest either as a cost-effective research and development or contract manufacturing facility. With the demolition of the existing structure, the DP-l site could support a significant multi-family project, either incorporated in one or more stories above ground-floor retailers, or developed at higher densities as a single use project. A five-to six-story residential project, developed at densities of 110 units per acre, would be both consistent with the residential development currently planned at Lakeshore Landing and compatible with the surrounding uses. At this higher density, approximately 535 units could be sited on DP!. Alternately, redevelopment of the DPl parcel could accommodate up to 65,000 square feet of retail space at a 30% lot coverage ratio, taking the form of additional medium- format and small, specialty shops space backing up against Logan. Although access would most likely occur off of 6th Avenue, the development ofDPl could be integrated with the larger retail development occurring on the ROFO parcel. DP2andDP4 These two parcels are both intill opportunities that exist when parking requirements for the existing office buildings are reduced. Currently underutilized and serving for the most part as overflow parking areas for Boeing employees, the Plan envisions their redevelopment with 6-story office or lab buildings, consistent with the current development pattern. In some instances where new lab development is planned, surplus parking within existing garages could fully support new development, and allow for the creation of new, private open spaces or campus greens within the neighborhood. In order to create this surplus parking opportunity, the plan assumes either that the four existing Boeing office buildings are sold to other users with market-based parking requirements or that Boeing provides new parking areas on the Plant to accommodate its employees. The Conceptual Plan illustrates the potential reuevelopment of each of these parcels with laboratory uses, resulting in approximately 720,000 square feet of new space in four separate structures. Both DP2 and DP4 could accommodate two, 6-story structures containing J 80,000 square feet each. A new 2-to 3-story parking garage would be constructed between the new buildings on DP2, and the additional parking needs would be provided by ear-marking a portion of the stalls within the 10-20 parking garage. On Page 7 of9 October 3, 2005 OP4, sufficient surplus parking exists within the existing 10-18 parking garage that no new parking would need to be constmeted in this location. Alternately, either OP2 or DP4 could also be redeveloped with new office uses. Given the greater parking requirement for office space (3.511,000) when compared to lab space (1/1,000), less development is able to be accommodated on the parcels. On OP2, a single, 6-story structure would be developed, containing 120,000 square feet. New structured parking would be developed behind. On OP4, approximately 300,000 square feet could be constructed in two, 6-story buildings, with all parking still provided within the existing 10-18 building garage. DP3 This parcel is located just south of the 10-18 office building, at the comer of 6'" and Park Avenues. The Plan envisions the deVelopment of this parcel with new lab or office uses, in both cases housed within a single 6-story stmcture. If developed as lab space, the building could contain approximately 180,000 square feet, supported by dedicated parking stalls within a new, multi-user garage constructed on OP2. If developed as office space, a building of approximately 120,000 square feet could be constructed on site, with parking either provided in a new garage on OP3 or accommodated by providing additional parking levels within a OP2 garage. Alternately, the OP3 parcel could accommodate up to 24,000 square feet of neighborhood retail space, fronting on Park Avenue and offering amenities to the surrounding workers and residents. Although no redevelopment of the land on the other side of Park Avenue is envisioned as part of this Conceptual Plan, redevelopment ofOP3 could also lead to other improvements along Park Avenue at key intersections. It is envisioned that, if developed with retail uses, OP3 would begin to meet the increased demands for amenities and services that redevelopment along the 6'h A venue corridor would require. Summary Redevelopment as illustrated within this Conceptual Plan would be consistent with the City's Urban Center-North vision and long-range planning policies, creating a vibrant, mixed-use corridor on the north side of 6'h Avenue and along Park, with mid-rise buildings fronting the streets and stmetured parking behind. If new development took the form of multi-family and laboratory space, the corridor would contain a total 535 new multi-family units and 900,000 square feet of new lab space at full build-out. This new mix of uses would be at a scale consistent with the 660,000 square feet of existing office space already located in the corridor. Page 8 of9 OelCber 3, 2005 .... ... -.' -.. .-. .. _ .. _. --.--"-.. ' -,.,:-..... . Sub-District B Irban Center North District Sub-areas .",tricIS Subject 10 Conceptual Plan Approval Note: District boundaries include dedicated R-Q-W e~ Econom;c Dcvclopmt"nl, Ncigh!:oortlUorn and Slrat~ic "'1>MIIll; ~A~)' ~~~~~_","<r..rnr '-"'''0 J) N.:vc.ni><t 100) Exhibit PLMI VIEW LEGEND ------® t --4 "[)''''''J.Ul.L~{lOIIItO;'o:>o~.,<yr .... '-'",~,J >RU """" .... CUlXD .. ~H. "'t>. 0<0.0'''' '''' "'[),. f iOl ,>IOIffl. PROPOSED ARTERIAL RIGHTS OF WAY TO SUPPORT DISTRICT 2 (FULL BUILD OUT) /'IIOPD5I9l '.0 .. _.~JlI _SlJIlXmIIt1,. _~IC _5U9III$I'IbO),. -----, _.- """""T"",",,'oc.o_ 1!l!JlI~_ .. __ .... "" ---.. ., "",_'u",,"_ EXHIBIT Renton -Sub District 1 B I ) Sub-District 1 B Master Plan/Binding Site Plan Submittal Title Report; Exceptions Form No. 14 Subdivision Guarantee Issued by Guarantee No.: NC5-238201-WA1 R I First American Title Insurance Company 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 Title Officer: Mike Cooper Phone: (206)728-0400 FAX-(206)448-6348 First American Title Insurance Company Form No. 14 subdivision Guarantee (4-10-75) Guarantee No.: NCS-238201-WAl Page No.: 1 UABIUTY FEE First American Title Insurance Company $ $ National Commerdal Services 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 (206)728-0400 FAX (206)448-6348 Mike Cooper (206)315-3107 mcooper@firstam.com 6TH SUBDIVISION GUARANTEE 3,000_00 ORDER NO.: 500.00 TAX $ 44.00 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company NC5-238201-WAl BindIng Site Plan and Master Plan Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Boeing Realty Corporation herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. UABIUTY EXCLUSIONS AND UMlTATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of proViding title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: February 28, 2007 at 7:30 A.M. First American Title [nsurance Company ) Form No. 14 Sutxlivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. ntle is vested in: The Boeing Company, a Delaware corporation Guarantee No.: NC5-238201-WAl Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or In acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: PARCEL A: PARCEL 1: LOT A, CITY OF RENTON SHORT PLAT NO. 093-89, RECORDED NOVEMBER 14, 1989 UNDER KING COUNTY RECORDING NO. 8911149006 OF OFFIOAl RECORDS; EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON BY QUIT CLAIM DEED RECORDED NOVEMBER 9, 1989 UNDER RECORDING NO. 8911090473 OF OFFICIAL RECORDS, IN KING COUNTY, WASHINGTON; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF RENTON BY DEED RECORDED AUGUST 17, 2006 UNDER RECORDING NO. 20060817000718, IN KING COUNTY, WASHINGTON. PARCEL 2: lOTS 1, 2, 3, 4 AND 5 BLOCK 3, RENTON FARM ACREAGE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 37, IN KING COUNTY, WASHINGTON; EXCEPT THEREFROM THE NORTH 30.00 FEET OF SAID LOT 1 CONVEYED TO THE CITY OF RENTON FOR STREET PURPOSES, UNDER RECORDING NO. 5180889 OF OFFIOAl RECORDS; ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON BY THAT INSTRUMENT RECORDED DECEMBER 12, 2006 UNDER RECORDING NO. 20061212000338, IN KING COUNTY, WASHINGTON; First American Title Insurance Company Fonn No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: Nts-238201-WAI Page No.: 3 TOGETHER WITH THE NORTH HALF OF VACATED NORTH 7TH STREET ADJOINING AND THAT PORTION OF ALLEY ADJOINING ON THE WEST AS VACATED UNDER OTY OF RENTON ORDINANCE NO. 3319 AND RECORDED MAY 21,1979 UNDER KING COUNTY RECORDING NO. 7905210642 OF OFAOAL RECORDS, IN KING COUNTY, WASHINGTON. PARCEL 3: THE NORTH 300.00 FEET OF THE EAST 100.00 FEET OF THE NORTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THEREFROM THE NORTH 60.00 FEET, THEREOF, CONVEYED TO THE OTY OF RENTON, FOR STREET PURPOSES UNDER RECORDING NO. 5180889 OF OFAOAL RECORDS; ALSO EXCEPT THEREFROM THAT PORTION THEREOF, LYING WITHIN THE WEST 10.00 FEET OF THAT PORTION OF SAID NORTH 300.00 FEET; LYING SOUTHERLY OF THE OTY OF SEATTLE TRANSMISSION LINE RIGHT-OF-WAY, WHICH WAS DEEDED TO THE OTY OF RENTON BY DEED RECORDED UNDER RECORDING NO. 3325235 OF OFAOAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION WHICH WAS DEEDED TO THE OTY OF RENTON BY DEED RECORDED JUNE 7, 1994 UNDER RECORDING NUMBER 9406070579 OF OFACIAL RECORDS; ALSO EXCEPT THAT PORTION CONVEYED TO THE OTY OF RENTON BY THAT INSTRUMENT RECORDED DECEMBER 12, 2006 UNDER RECORDING NO. 20061212000338, IN KING COUNTY, WASHINGTON. PARCEL 4: LOTS 1 AND 2 OF LOT LINE ADJUSTMENT NO. 008-88, RECORDED NOVEMBER 16, 1988 UNDER RECORDING NO. 8811169001 OF OFFIOAL RECORDS, IN KING COUNTY, WASHINGTON. PARCEL 5: LOT 1, BLOCK 4, RENTON FARM ACREAGE ADDmON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 37, IN KING COUNTY, WASHINGTON; TOGETHER WITH THE SOUTH HALF OF VACATED NORTH 7TH STREET ADJOINING, AS VACATED UNDER CITY OF RENTON ORDINANCE NO. 3327; ALSO TOGETHER WITH THAT PORTION OF ALLEY ADJOINING ON THE WEST, VACATED UNDER OTY OF RENTON ORDINANCE NO. 4048, AND RECORDED MARCH 11, 1987 UNDER RECORDING NO. 8703110578 OF OFACIAL RECORDS. PARCEL 6: LOT 2, BLOCK 4, RENTON FARM ACREAGE ADDmON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 37, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF ALLEY ADJOINING ON THE WEST, VACATED UNDER OTY OF RENTON ORDINANCE NO. 4048, AND RECORDED MARCH 11, 1987 UNDER RECORDING NO. 8703110578 OF OFFIOAL RECORDS. First American Title Insurance Company Form No. 14 Subdivision Guarantee (4~lO-75) PARCEL B: Guarantee No.: NCS-238201-WAl Page No.: 4 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST UNE OF PARK STREET WITH THE NORTH UNE OF SIXTH AVENUE NORTH; THENCE NORTH ALONG SAID WEST LINE 185 FEET; THENCE WEST 107.5 FEET; THENCE SOUTH 185 FEET; THENCE EAST 107.5 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON BY DEED RECORDED JUNE 9, 1972 AND JUNE 7, 1994 UNDER KING COUNTY RECORDING NO'S. 7206090448 AND 9406070574. PARCEL C: LOT B OF SHORT PLAT NO. 093-89, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 14, 1989 UNDER KING COUNTY RECORDING NO. 8911149006; EXCEPT THE PORTION OF THE SOUTHERLY TWO (2) FEET CONVEYED TO THE CITY OF RENTON BY DEED RECORDED NOVEMBER 9, 1989 UNDER KING COUNTY RECORDING NO. 8911090473; SITUATE IN THE COUNTY OF KING, WASHINGTON. PARCEL D: LOT 5 AND TRACT P, BOEING LAKESHORE LANDING, A BINDING SITE PLAN, RECORDED DECEMBER 23, 2004 UNDER RECORDING NO. 20041223000856, IN VOLUME 225, PAGES 83 THROUGH 86, OF PLATS; EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON BY THAT INSTRUMENT RECORDED DECEMBER 12, 2006 UNDER RECORDING NO. 20061212000338, IN KING COUNTY, WASHINGTON. PARCEL E: LOTS 3, 4 AND 5, BLOCK 4, RENTON FARM ACREAGE ADDmON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 37, IN KING COUNTY, WASHINGTON. APN: 722300-0105-00 APN: 082305-9019-00 APN: 082305-9209-00 APN: 088660-0050-05 APN: 722300-0115-08 APN: 088660-0190-06 First American Title Insurance Company Form No. 14 Subdivision Guarantee (4*10-75) RECORD MATTERS: 1. General Taxes for the year 2007. Tax Account No.: 722300·0105-00 Amount Billed: $ 212,722.98 Amount Paid: $ 0.00 Amount Due: $ 212,722.98. Assessed Land Value: $ 6,346,900.00 Assessed Improvement Value: $ 13,096,800.00 (Affects Parcel A) 2. General Taxes for the year 2007. Tax Account No.: 082305-9019-00 Amount Billed: $ 3,406.11 Amount Paid: $ 0.00 Amount Due: $ 3,406.11 Assessed Land Value: $ 286,400.00 Assessed Improvement Value: $ 23,900.00 (Affects Parcel B) 3. General Taxes for the year 2007. Tax Account No.: 082305-9209-00 Amount Billed: $ 10,319.08 Amount Paid: $ 0.00 Amount Due: $ 10,319.08 Assessed Land Value: $ 942,200.00 Assessed Improvement Value: $ 0.00 (Affects Parcel C) 4. General Taxes for the year 2007. Tax Account No.: 088660-0050-05 Amount Billed: $ 443,081.01 Amount Paid: $ 0.00 Amount Due: $ 443,081.01 Assessed Land Value: $ 16,143,200.00 Assessed Improvement Value: $ 24,357,200.00 (Affects Parcel D -Lot 5) First American Title Insurance Company Guarantee No.: NC5-238201-WAl Page No.: 5 Form No. 14 Guarantee No.: NC5-238201-WAl Page No.: 6 Subdivision Guarantee (4-10-75) 5. General Taxes for the year 2007. Tax Account No.: 722300-0115-08 Amount Billed: $ 15,607.48 Amount Paid: $ 0.00 Amount Due: $ 15,607.48 Assessed Land Value: $ 1,425,600.00 Assessed Improvement Value: $ 0.00 (Affects Parcel No. E) 6. This item has been intentionally deleted. 7. This item has been intentionally deleted. 8. Easement, including tenms and provisions contained therein: Recording Information: April 23, 1942 under Recording No. 3235807 In Favor of: The Northern Pacific Railway Company For: Spur Track Affects: Parcel D 9. Easement, including terms and provisions contained therein: Recording Information: September 14, 1943 under Recording No. 3432120 In Favor of: United States of America, acting through the Federal Public Housing Authority For: Stonm, sewer and sidewalk Affects: Parcel D 10. Easement, including terms and proVisions contained therein: Recording Infonmation: December 1, 1944 under Recording No. 3432121 In Favor of: United States of America, acting through the Federal Public Housing Authority For: Storm, sewer and sidewalk Affects: Parcel D Arst American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) 11. Easement, including terms and provisions contained therein: Guarantee No.: NCS-238201-WA1 Page No.: 7 Recording Information: December 1, 1944 under Recording No. 3432122 In Favor of: United States of America, acting through the Federal Public Housing Authority For: 6 inch water pipeline Affects: ParcelD 12. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Reserved By: Recorded: Recording Information: Pacific Coast Railroad Company February 9, 1956 4662540 13. Easement, including terms and provisions contained therein: Recording Information: June 6, 1962 under Recording No. 5436445 In Favor of: The Municipality of Metropolitan Seattle For: Affects: Underground sewer line Parcel D 14. Easement, including terms and provisions contained therein: Recording Information: July 16, 1962 under Recording No. 5453013 In Favor of: Municipality of Metropolitan Seattle, a municipal corporation of the State of Washington For: Sewer pipe lines system Affects: Parcel D 15. Easement, including terms and provisions contained therein: Recording Information: December 4, 1964 under Recording No. 5819195 In Favor of: City of Renton, a municipal corporation of the State of Washington For: Purposes of construction, repair, service, and maintenance of sewage pipe lines and any other public utilities and services Affects: (Parcel A) Southerly 10 feet of the Northerly 30 feet of the production Westerly of 7th Avenue North of Parcel 4 16. Easement, including terms and provisions contained therein: Recording Information: December 8, 1967 under Recording No. 6276238 In Favor of: Puget Sound Power & Ught Company For: Affects: ElectriC line, including all necessary poles, anchors, underground cables, conduits, manholes, wires and fixtures Over the East 30 feet of Parcel D First American Title Insurance Company Form No. 14 Subdivision Guarantee (4·10·75) Guarantee No.: NCS-238201-WAl Page No.: 8 17. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Reserved By: Mobil Oil Corporation, a New York corporation Recorded: April 24, 1973 Recording Information: 7304240384 18. Easement, including terms and provisions contained therein: Recording Information: November 29, 1973 under Recording No. 7311290292 In Favor of: Washington Natural Gas Company, a public utility corporation For: Gas pipeline Affects: Parcel D 19. Easement, including terms and provisions contained therein: Recording Information: May 2, 1977 under Recording No. 7705020589 In Favor of: Washington Natural Gas Company, a public utility corporation For: Gas pipeline Affects: Parcel D 20. Easement, including terms and provisions contained therein: Recording Information: August 17, 1977 under Recording No. 7708170733 In Favor of: Puget Sound Power & Ught Company, a Washington corporation For: An underground electrical system Affects: Within the West 60 feet of Parcel D 21. Easement, including terms and provisions contained therein: Recording Information: September 7, 1977 under Recording No. 7709070598 In Favor of: City of Renton, a municipal corporation For: Public utilities (including water and sewer) with necessary appurtenances Affects: (Parcel A) The Southerly 10 feet of the Northerly 20 feet of the production Westerly of 7th Avenue North of Parcel 4 22. Easement, including terms and provisions contained therein: Recording Information: October 3, 1977 under Recording No. 7710030507 In Favor of: The City of Renton, a municipal corporation For: Public utilities Affects: The East 15 feet and the South 15 feet of the North 80.5 feet of Parcel D First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) 23. Easement, including terms and provisions contained therein: Recording Information: 7710250275 Guarantee No.: NC5--238201-WAl Page No.: 9 In Favor of: Present and future owners of adjacent property For: Ingress and egress Affects: The West 17 feet of Parcel C 24. Easement, including terms and provisions contained therein: Recording Information: November 18, 1977 under Recording No. 7711180856 In Favor of: The City of Renton, a munidpal corporation For: Public utilities Affects: The East 15 feet and the West 30 feet of Parcel D 25. Easement and conditions contained therein as reserved by: Ordinance No.: 3327 Approved On: July 2, 1979 Recording Information: August 13, 1979 under Recording No. 7908130670 In Favor of: City of Renton For: Utility and related purposes Affects: (Parcel A) The North 10 feet of that portion of ParcelS lying within the south half of vacated North 7th Street adjoining 26. Easement, including terms and provisions contained therein: Recording Information: July 24, 1981 under Recording No. 8107240568 In Favor of: Puget Sound Power and Light Company, a Washington coporation For: Electric transmission and distribution lines Affects: as described therein 27. Easement, including terms and provisions contained therein: Recording Information: October 26, 1984 under Recording No. 8410260692 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Electric transmission and/or distribution system Affects: (Parcel A) The East 5 feet of the South 50 feet and the West 5 feet of the East 10 feet of the South 10 feet of Parcel 6 28. Reservations and exceptions, including the terms and conditions thereof: Reserving: Mineral Reserved By: Gary M. Riffle and Linda R. Riffle, husband and wife Recorded: March 15, 1985 Recording Information: 8503150405 First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-11}-75) 29. Easement, including terms and provisions contained therein: Guarantee No.: NCS-238201-WAl Page No.: 10 Recording Information: December 3, 1986 under Recording No. 8612031434 In Favor of: City of Renton, a municipal corporation of King County, Washington For: Public utilities (including water and sewer) Affects: The West 20 feet of Parcel C 30. Easement, including terms and provisions contained therein: Recording Information: December 16, 1985 under Recording No. 8512160946 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Electric transmission and/or distribution lines Affects: Southerly 10 feet of Parcel Band C 31. Easement, including terms and provisions contained therein: Recording Information: December 16, 1985 under Recording No. 8512160947 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Electrical transmission lines Affects: The South 10 feet of Parcel D 32. Easement, including terms and provisions contained therein: Recording Information: December 16, 1985 under Recording No. 8512160949 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Electrical transmission lines Affects: Parcel D 33. Covenants, conditions, restrictions and/or easements: Recorded: December 23, 1986 Recording No.: 8612231613 Document(s) declaring modifications thereof recorded August 29, 1989 as Recording No. 8908290477 of Official Records. 34. Easement, including terms and provisions contained therein: Recording Information: 8802240805 and 8803290822 In Favor of: The Bank of California, N.A., a national banking aSSOCiation, Stewart Title Company of Washington, Inc., and H & M IV Associates, a Washington general partnership For: Parking facility Affects: Pa reel A First American Title Insurance Company Form No. 14 Guarantee No.: NC5-238201-WAl Page No.: 11 Subdivision Guarantee (4-10-75) 35. Easement, including terms and provisions contained therein: Recording Infonmation: August 30, 1988 under Recording No. 8808300587 In Favor of: Puget Sound Power & Ught Company, a Washington corporation For: Underground electric transmission and/or distribution system Affects: (Parcel A) The West 10 feet of a portion of Parcel 4, except the North 30 feet thereof 36. Easement, including tenms and provisions contained therein: 37. Recording Infonmation: August 30, 1988 under Recording No. 8808300594 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Underground electric distribution system Affects: Parcels Band C Easement, including tenms and provisions contained therein: Recording Information: September 7, 1988 under Recording No. 8809070561 In Favor of: Puget Sound Power & Ught Company, a Washington For: Affects: corporation Electric transmission and/or distribution line The South 10 feet of Parcel C 38. Easement, including terms and proviSions contained therein: Recording Infonmation: October 21, 1988 under Recording No. 8810210273 In Favor of: City of Renton, a municipal corporation For: Roadway and utilities Affects: Parcel A 39. Easement, including terms and proviSions contained therein: Recording Information: August 29, 1989 under Recording No. 8908290480 In Favor of: City of Renton, a munidpal corporation For: Public utilities (including water and sewer) Affects: Parcel A 40. Easement, including tenms and proviSions contained therein: Recording Information: August 29, 1989 under Recording No. 8908290481 In Favor of: City of Renton, a municipal corporation For: Roadway, slopes and sidewalk areas Affects: Parcel A Arst American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) 41. Easement, Including tenns and provisions contained therein: Guarantee No.: NCS.238201-WAl Page No.: 12 Recording Information: November 9, 1989 under Recording No. 8911090475 In Favor of: City of Renton, a municipal corporation For: Public utilities (including water and sewer) Affects: Parcel A 42. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the Short Plat No. 093-89 recorded November 14, 1989 under Recording No. 8911149006, in King County, Washington. 43. The tenns and provisions contained in the document entitled "Agreement and license for Fire Main Inter-Tie at North 8th st. and Park Avenue", executed by and between City of Renton, a munidpal corporation and The Boeing Company by and through its division, Boeing Commercial Airplane Group, recorded May 23, 1991 as Instrument No. 9105231158 of Official Records. 44. Easement, including terms and provisions contained therein: Recording Information: July 13, 1992 under Recording No. 9207130661 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: An electrical transmission/distribution lines Affects: Parcel A 45. Easement, including tenns and provisions contained therein: Recording Infonnation: July 13, 1992 under Recording No. 9207130662 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: An electrical transmission/distributlon lines Affects: Parcel E 46. Easement, including terms and provisions contained therein: Recording Information: November 22, 1994 and November 23, 1994 under Recording Nos. 9411220523 and 9411230706 In Favor of: For: Affects: Puget Power & Light Company, a Washington corporation Underground electrical transmission and/or distribution system The West ten (10) feet of the South 25 feet of the North 95 feet of Parcel 3 of Parcel A 47. Covenants, conditions, restrictions and/or easements: Recorded: March 18, 1997 Recording No.: 9703181422 Said instrument is a re-record of recording noes). 9612120855, recorded on December 12, 1996. First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) 48. Covenants, conditions, restrictions and/or easements: Recorded: November 17, 2000 Recording No.: 20001117000535 49. Covenants, conditions, restrictions and/or easements: Recorded: November 17, 2000 Recording No.: 20001117001354 Guarantee No.: NCS-238201~WAl Page No.: 13 50. The tenms and provisions contained in the document entitled "Development Agreement", executed by and between The Boeing Company, a Delaware corporation and City of Renton, a municipal corporation for The Boeing Renton Aircraft Manufacturing Facility, recorded August 2, 2002 as Instrument No. 20020802000224 of Official Records. 51. The terms and provisions contained in the document entitled "Development Agreement", executed by and between The Boeing Company, a Delaware corporation and City of Renton, a municipal corporation for Redevelopment of a Portion of The Boeing Renton Aircraft Manufacturing Facility, recorded December 10, 2003 as Instrument No. 20031210001637 of Official Records. 52. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the Boeing Lakeshore Landing Binding Site Plan recorded December 23, 2004 under Recording No. 20041223000856 and also in Volume 225 of Plats, Pages 83 through 86, in King County, Washington. 53. Covenants, conditions, restrictions and/or easements: Recorded: December 28, 2004 Recording No.: 20041228001871 54. The terms and provisions contained in the document entitled "Strander Agreement", executed by and between The Boeing Company, a Delaware corporation and City of Renton, a municipal corporation, recorded April 20, 2006 as Instrument No. 20060420001032 of OffIcial Records. 55. General Taxes for the year 2007. Tax Account No.: 088660-0190-06 Amount Billed: $ 22.70 Amount Paid: $ 0.00 Amount Due: $ 22.70 Assessed Land Value: $ 0.00 Assessed Improvement Value: $ 1,000.00 (Affects Tract P of Parcel D) 56. Matters that may be disclosed upon recordation of the final subdivision. First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) INFORMATIONAL NOTES Guarantee No.: NC5-238201-WAl Page No.: 14 A. Any sketch attached hereto Is done sc as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. Rrst American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-238201-WAl Page No.: 15 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that speCific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (l) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a jX.Iblic agency which may result in taxes or assessments, or notices of such p-oceedlngs, whether or not the matters excluded under (l) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) unpatented mining claims; (2) reservations or exceptions in patents or In Acts authoriZing the issuance thereof; (3) water rights, daims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. NotwithstandIng any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: ' (a) Defects, liens, eOOJmbrances, adverse daims or other matters affecting the title to any property beyof1d the lines of the land expressly described in the descriptIOn set forth In Scfledule (A), (C) or In Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or Improvements; or any rights or easements tnerein, unless S1.JCh property, rights or easements are expressly and specifically set forth In said description. (b) Defects, liens, encumbrances, adverse daims or other matters, whether or not shown by the pubUc records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result In no loss to the Assured; or (3) wnich do not result In the invalidity or potential Invalidity of any judicial or non-judICial proceeding which Is within the scope and purpose of the assurances provided. (c) The Identity of any party shown or referred to In Schedule A. (d) The validity, legal effect or ~orlty of any matter shown or referred to in this Guarantee. GUARANTEE CONDmONS AND STIPUlATIONS 1. Definition ofTenns. The following terms when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured In this Guarantee, or on a supplemental wrItlng executed by the Company. (b) "land": the land described or referred to In ScheMe (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not indude any property beyond the lines of the area described 01' referred to in Sdtedule (A) (C) or In Part 2, nor any right, title, interest.. estate or easement in abutting streets, roads, avenues, alleys, lanes. ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other seOJrity instrument. (d) "publIC records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice rX matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly In writing In case knowledge shall come to an Assured hereunder of any claim of title or Interest which is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute ActIons; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The company shall have the right, at its sole option and cost:, to institute and prosecute any action or proceeding, interpose a defense, as limited In (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of ttle Asstlred, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability Of waive any provision of thiS Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph "(al the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonalje cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses iflcurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have IX'ought an action or interposed a defense as permitted by the provisions of this Guarantee, the company rna.,. pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, In Its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shaD give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which In the opinion of the Ccmpany may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured. If the Company Is prejudiced by the failure of the Assured to fumlsh the reqUired cooperation, the Cornpany·s obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been prOVided to the Company, a proof of loss or damage signed and sworn to by the Assured shaU be fumlshed to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basiS of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured Wlder the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and Copying, at such reasonable times and places as may be deSJgnated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permiSSion, in writing, for any authorized representative of the Company to examine, inspect and copy aU records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, whiCh reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to tile Company, pursuant to this Section shall not be diSclosed to others unless, in the reasonable judgment of the Company, It is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as requited in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1262 (Rev. 12/15/95) First American Title Insurance Company 6. Options to payor otherwise Settle Claims: Termination of Liability. In case of a ctaim under this Guarantee, the Company shall have the follow'lng additional options: (a) To Payor Tender Payment of the Amount of Uabltity or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any daim which could result In loss to the Assured Within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, If this Guarantee is Issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the optiOll to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Msured dalmant whkh were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall tennlnate all liability of the Company hereunder. In the event after notice of daim has been given to the Company by the Assured the Company offers to purchase said Indebtedness,. the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to 'the COmpany upon payment of the purchase price. Upon the exercise by the Company of the optiOn provided fOf' In Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment reqUired In that paragraph, shall terminate, induding any obl'lgaHon to continue the defense or prosecution of any litigation for which the Company has exercised Its optIOns under ParagrClph 4, and the Guarantee shall be surrendered to the Company for cancellaUon. (b) To Payor OthelWise Settle With PClrttes Other Than the Assured or With the Assured Oalmant. To payor otherwiSe settfe with other parties for or In the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured dalmant whkh were authorized by the Company up to the time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exerdsed its options under Paragraph 4. 7. Detennination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured dalmant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The uabillty of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated In Schedule A or In Part 2; (b) the amount of the unpaid principal indebtedn~ secured by the mortgage of an Assured mortgagee, as limited or provided under SectIon 6 of these Conditions and stipulations or as reduced under Section 9 of these ConditiOns and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or Interest covered hereby as stated herefn and the value of the estate or interest subject to any defect, lien or encumbrance Assured againSt by thiS Guarantee. 8. Limitation of Uability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be lialje for any Joss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shail have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of ail appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for lIablHty voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shail reduce the amount of liability pro tanto. 10. Payment of loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance With these Conditions and stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUbrogation Upon payment or Settlement. Whenever the Canpany shall have seWed and paid a claim under this Guarantee, all right of subrogation shall vest In the Company unaffected by any act of the Assured claimant The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property In respect to the dalm had this Guarantee not been Issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary In order to perfect thiS right of subrogation. The Assured shall permit the Company to sue, compromise or setHe in the name of the Assured and to use the name of the Assured in any transaction or litigation Involving these rights or remedies. If a payment on account of a daim does not fully cover the loss of the Assured the company shalt be subrogated to all rights and remedies of the Assured after the Assured shall have recovered Its prlndpal, Interest,. and costs of collection. 12. Arbitration. unless prohibited by a~licable law, eithe1 the Company or the Assured may demand arbitration pursuant to the Title Insurance ArbitratiOll Rules rI the American Arbitration Association. Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its ISsuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of liability Is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is In excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be bindIng upon the partIes. The award may include attorneys' fees only If the laws of the state In which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court havtng jurisdiction thereof. The law of the SItus of the land shall apply to an arbitration under the TItle Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together With all endorsements, if any, attached hereto by the company is the entire Guarantee and contract between the Assured and the company. In interpreting any prOViSion of this Guarantee, thiS Guarantee shall be construed as a whole. (b) Any daim of loss or damage, whether or not based on negligence, or any action asserting such dalm, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto Signed by either the President, a Vice PreSident, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of thiS Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92701. Form No. 1282 (Rev. 12/15/95) First American Title Insurance Company x:all.,1'e., ,0. .. '" t<I!;; i,;. _I, .s:::rlp o,t l,~!l~,_\...':."'..: fltf CLmV~:r~q -f9r, "".~,L.!~2.~~'" :.\ oJ..11 r.:J.. Oi.;, tne L,P~.a~ a'C"t:>.aCbB,d, ,:"'""'l'.O.·,.oma' -,-,':;1J$l~. ":-0' "e X'\' ~ ',;. ~;l~, .~_q_!l;\~,.,,!X!~ .. ~O ., . , -'-'"., :,.,,..' "':,,;<,:;;,''': I~ ;",,'1', ~'_l ::~,~' "li .. _~ii.:,r vi....,.::--:--- • ",T' , ' , :--i, >_-"_ ":,'!\;l' ilt'",:ril; ... ! ~ i· "" -~r.J , , "p" ra{ioJl. '9 -~.~.~' . .Jl~.,JLtud:·al>d.~b::".:<~i!.j "l"t:;#.>;.'" ~-:=....:.....---.--- --.-.--_.----_. -------:-;----_. " , :-:' ':, : ': ." , t-'tiiY"/~.f::,::,o ',t",;'~ :V~; t,' ~ .. ed': , ' , -" ~~,~.i.?!': ~,!.: ' i,;t~:-: ::~~~. ~ 7' Co i,t~~t',,~,(!: J. :::.,' "'1 h ' • ' ': . ',' -,>-"':~;:":'"'l",'i:: ~:~", ';:::'t:a-t$ ~ .:,: l' "';;;;,1:,::;',',' ·,iJ,.~;~ru!~~:.41l~f~{~wiJ,:~p~!;~b{~~~;;:~~:;~tN~~;~~~':3:;-' -5 ::S_vtil.'}!. :d""oribieil:_,u' ·tol10..-., -Beg-inft~ng at·the-1ntef;l<icj;l.on-ot tfi,. .. _. 'South 1me or -•• ld I1Wt 'of, swt· anq. tlte ~ant;er -Hoe nt.lIentonJ.ve, .(DOW" ;',','- --.ii&1n,st.)_in:ftenton FlIrlJ-·P:).';t No.:i: thene.N.'OO;"!}9-. 'E;30f~.t:tb· ,"::' .-the true point 0'--beg1nh1nt" sUd _Ii", .. being ,tile' ~%tell.1ol): ot tl\e. -~ent.r.. . .f. -'H~e ",t Yein S;;. i th ... nc. lI, OCC',',9". E; ,632.546 f'let to-:t.hit.l! ... st; 0A4i-_' ___ ._ " iYell-t. ".!,atet'l1". -Of ".id i'lW-t or'-.swt; thence _3_. 89°28 '61"· :l".~ -n~'--,:~S'"·-:c.-.--, . -q'en,erl1ne 3{)--f .. etj·:t.h.Il"eJt,,-()G'5~59u:I'/.'632~5~_.r ... .\;;·tliane .. I'!. -'89-'-, '29 '43· ,,~, 50 . f e et'to, the,:,t~Q •. 'pO tot af b .. ~lnn1ng" .conl; .in~ng :.,. 4<)~' ACi<e" ': ,mprlt or·,.1~&B ....... AC.~~ th~1:;:~"'0.rth'l. ": .. m...:J' '~./ J.~.e' ',;J ":. ,Qf ;),'e!-al,:tJ',! •. 'A.:.r. !:Ul'"thl!~ c:oIw;!,d,.ef,"'-ticr,;. ';.',or ,t 1at g'r-ant'l/,ll: of lIh1s $:as:.ement· ,tJ.lf;! '~~:'r,~~.g_~~I_..; ~~}'.~}._.!l~V:~ ;,U,,*", :rl£i'..t., to ccll.ne . .ct:."t"e, 'tba ·grii;at-ee,.t s" ;se~e~lne~" ,8M ccqi1 ... :t.1on .hall.-b .. r "l'tJ-,.. Oe".flt.,,,_f., .t!i'; _l!i'\!l)EU:ty:~. wIiic),_ 'tbc_ ,',jtt"scribetj, '~a,iJeme!1t."runs.·· " .. '-" ~,.-' ~, . , -.,-;'.'! '-',-•. ,-',:';,' ,'.. ~, ':l·l'-~;t.-... -t:;._~:-~;, ;~:',~JI.:. I~";,~ ,'.;r~~'} '1~~.C . ',,' . ~ "F":' r:.'t~, '.'; '.. Of,' " ,-1'~' ," ;-:f' " ":(?';:C;r ,: j" :,,' '~'f " ?:lj:~' :1~:,:,;~'p,q6 ~S,' "iri~.~,:,,--,,· 1r,,'" ,:"!t.~",'lt~i\~< ;'r;~ ",_ .. ?ti.~~" ~~ U."~~8'·, :-.(:' ~ '~i:'~':;' '. , . ...• ~, .. .•.•... S}::jJ.l ~i'_4"" .... ~ ... ~ ."-' .. :~:'I.. '. ~ . ...•. " . ' .; .... ~:: .. : . .: . : ill,: ;~ .. !~:c'~ .....•.•. ,;.~: ~, , " :~\.f -.' . -." ----..:~:---.. -' ' .. 'C': . -:, ..... ,.;;1,;:>..:; .. ..~ ' ... ; .. . ~~':: .!f5"':c..: •. ,;~..;. . .i;.:'. '0;\. ~.J;: "':'~~\. -;~~~:. -,: ·:··.~1·, k\ :.:'''>' ... .. ,,. iJ <' .:'"' .... ~ :&.~~\ti., :·.U,:. 8':::.:.~.:,'~~.:.<':' ~,~ " ' y,.:. i.. ~:;,.;~ . ..: ~"'-;' . .~~, ,< • '~ .. "' ... ' .: ..• ~. ".-,; •. j.::.:.:.: .. t?'ii~ . ;r'i!;~--;:-~:: . .l'e:~~;-},.?~.w 1. ',,: -.!: ·~·(·.t-":"l :..,',; .~,: 'r -;:, ;.; "e-' ,~ 't~b;c' ~'" a1'l1;~.t: •• <' ~.:-. r;}. ~'l f~'''l ~-.. ~ .. ,' .. :~~ •. i; .'. ·:--::~:i:\~.~·~;;A~~·; .-~ .:.' ' • ! .-" .'~ -' . ",,,,-.. ~ .. '!liE GRANT!)!, PACIFIC COAST B. R. for and 1n eomiiderat!on of T\oro Hundred E1~ty-on& :>VLLA,,:: (~tll,OOO.OO) tn nand paid, CONVEYS and \IAlIlI4l!TS to BOIl:rKG J\lBPL.AXt; CUNPAN't, a Delaware corporation, GRAMT?!&, the 10110\111ng described real estate ~d,tu~tf> :in ·JC..1ng Cou.."lty, Washingtor" : (------.""'-;~~~£'; 1~.~~Q-:~~ :~~~~" ~ ~". ~..:." -.1 ~ » ·""lit ~vr+:~.,n ot the nortt·west ·quarter of the 30Utb- of sec tlon 8, ~~.:~h~:,):n~o~r:ith~:,:~r:1an~ge: ',. , in King C~un ty, de"Cl'ii>ed . I"O.lll>w.: Beginning at tJle point til line of .aid suW1vlsion 'o~:~~,~~,;n, or the west line at Park Avenuo, as '. Farm Plat, according to plat recorded 10 of plats, page 97, in lUng Co~nty, Wa.lI-; 1'''''00''' thence souW. alon~ s.a.1.d.. .nor-th· produc:t10LI a point thereon 715 .feet north. of the south ~ ne .said subdivision; thence west pa:rallel to and distant 715 feet north fr.:J11J said south line to the north production of the center line ot Pelly thence south along said produCed center line, to the north line ot tr.e south 660 feet or said sub- o thence W6;;> t &long sa±tt-·nor-th to I!lll.I.:;:1n cf ~}:e Nor-thern Pacific ":~l;"~.~~.r.:~ way; thence northerly, .:::.el.ong said easter.l.y to tf"re north 11:1~ of !:f.ti(j subdivlsil)!1; thence ea alo:]!; said north line to ~he point of beginning; :=.'XCEPT the nor1:.h du fee!: theTt'''of. (h) ;:{,:..:.: ;..vrt.· oJ: ... r.vern·.>'~Jlt lilt j:, filection d, ~j nort.>~, range 'l .f:·,,:it ',.:.;~., in King County, CO!l, lyin;~ east of ?iorthe..rn Pa.c!!h~ RailwEiY right·· ·:r<~v and we.:i! t. ot Lake "lasi"!ln~ ton Fiei.tlev8rd .. That portion or ~overn~~nt ~t ~t section b~ 23 'Horth, ral1be 5 east t W.l-!., in King CountYl wa.n:IJl,!~·.c t-~,],: dsacr 1 bee) &oti .follow::;: ~ee.inn1ng in :la1~ Govern- 2 at the point of intersection ot the south- easterly of t.'"te righ t ot way of the Northern .... r~'~t~l~w:~. Co.ml'W:l,Y: s U=i ke Washing ton Branch and • margin of Mill ~treet produced (now Washington Eoulevard Southeas and Avenue .[l."I')d also described C01.ilmb:la .. da ted De,ce"be,r In volunre terests~ EXCEPTING an.~ RESDlVIHG unto the Grantor. ita succeaaors 8lId assigns, an easement for the (!:onstructlon, maintenar:ee and. operation of a railway traek to serve businesses and tndu.tr1es Located upon the property hereby ~onveyed, upon, Oyer and al.ong the tollowlng descrlbeq property. (a) A strip of land 20 ft. 'Wide in the ...,..thvest qWll'ter of the solithvest quarter of Seotion 8, _hlp 23 Northl Range 5 East, W.H., in King County, Washington, de.cr bed .. s follows. Beginning at tile point or :lJl.. t"".ection of the north l1De of said subUy1don with the north production of the vest Une ot Park Street, at shOwn 1n Renton. F~r". ~lat, ac~ordtng to plat re- corded 1n Vol."",. 10 of Plats, Page 9'7, in King County, Washingtonl thence ~outh along sald north production 80 fest to th .. northeaster:i¥ eorner ot said C!() ft. w1de ,striP. the tru" p"tnt of beglnningLand the 30Uth- westerly corner of the tntersection of Q~th Avenue North and Park Stl"-eat;· th:e~e eontin.u.1ng south along said north production,. to a pol~t ther(lOn 71tj' teet north. or the south line ot said subdivision; thence paraUel to and distaut 715 r&et north trom 8&1,1 line a distance or ~o feet; thence north parallel ana :1.0 tset ... ist3nt .f'l"om said vest line or Park street to an 1nterge~tl~:l wi th the south line of BJ.ghth Avenue North; thence eas t 20 i'eet to tJ1e point of be- glcudng. A strip of land 20 feet vide, be1ug the JOOst 8&8ter:i¥ ~O feet of that portion of Goverl1lllent tot ;t, Seotion 6, Township :I) North, Range, East, W.H., in A:lJlg CDIDl,ty, wash1ngton, lying east of Northern Pacific Railway right of way and west ot Lake washington BollleYard; 1>Gn&_~jacent and paraUel to said t..lte Waahtn,ton Bou~ai'iT;-· --. ", l , or said aoY'8r","""t Lot 2; thane. vest 20 het along so~th '!in" to the true po1nt or beg1Dn.1n.g. IN W"lTNI':SB WHEREOF, the Grantor has caused this to be e,..ecuted this R. CO", Cow!. ty ot 1\ 1 u e; en this 6th day at February, 1956, betore me, a lfatory Public for the Sta t~ or II/a.hin" t<>n, pers"nally "l>paared W. It. lilCliOLBOII TJOSSEM, to.e knOlofn to be the V1.ce b'es1dent and Secretary f ~~H:~:~~;;!O:~f~.~th~.e Pacitic Coast R. R. Co. ,the cor;.oraUon that and foregoing L'lstrument, andacknovledg&4 the to be the tree and vo~untary act &lid d_ of said ;i'or the uses e.nd purposes therein Ilentloned, and on stated they ",ere authol'bod to exooute said 1nst:-UlIIent and the se.~ arr1xed 1s the corporate seal 01 said c()l"poraltcm. and affixed ~......, • r M ~'" ~~; . . \-'~,' .. _, l_i".=.I'_~,. lI;~'J, ,I, a'--._ If?j: ........ ~~ .-.. ~.~J u" •. ,: ;,..~ h4 1I;!t .... d.np.:, __ rm~'t $ 'll!lk ......... :r ........ .,..-,,;;: ,alI1tJJ 41.,.: )f", ".#.-,",_J,-,-'._ -, ,:,r,·:,_t'--~2C('. ri"......~_ .• i.'* ',r -__ ~,,~·-f*-'.:4';:er-i~ .~ .. ,t,,,·b'J·., (l:" m" .. ~:1'Ii! .• t·-~~,~~ ... ) ... ~·~.,..~~\\. ,...... ... ~,.,'.~' P",'Iioo""li arMtI('tr .. '-_. __ '~''''''_ -__ -...., "~-·-,l""···.~ __ .".J'·t' t:· .. l ...... 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II" .... ,.,.k "nd ",lot_ p'_'" 0' I~. 1t.1I_, C-po~)' a"" ION, ... ) .f thl:l"d pa"'Mlftl .. ~ t,.,. ~NI UI r. ~_.!l of PI'""J"J... ~ .... dg;Jllt.I' t:r1p.J.,.....,. tor tile PlItt'''' hfl'W'le>. O('r.·ftlll~-t 1.1 ,h. I'af'ITI." .., e~1P pnml:llim 11,"117 araat.erL ti.t 'ft. ?tftrklN' MnQ' flilnkr a,.l'ft ••• huW 1,l.rml .... end ,..r •• n.n.I:J l!l .. JUt .... ) t-G""..-Jl:r IN", .r..d •• a.nal ~"Y .... .d. ~tllo!. or 4waI.:re w. Ute l.cUll , ..... th .. iftttalJ.Uvr.i "r .hlth I .. u~l,,. ,.,m,ittri I'!n =~ rl'f'MI,... Dr elM' ... 41 •• , .,.. ... p..r • .,. h JI_ .C~ dLa'l c.H JRVri,iOD' c1 Stdt.on. il &1''' f<flt eM 'qual pr .. .u"" oI.n,. ¥UMr ... ,IJ'wt.ad C'J'IImll'.nJ or iVdm".~Ut. "" .... lOrur,...,. tiI,ftaftl', 2'J'U.LIdi tlao Jltiat UN: fit th .. a., , ,uy o,mp.nJ', p •• r1) 4'( wllkP!.lht .pft'IB'''i .. .I.IJIIf_~1 ",,.,,,h ... 511 1 ... ,11' 114" .II r'f' Jua.tt.J .. ,. • Nit. So TN hr.!t .... _1Wl aOi. tl'll.1l.lter or , .. J'-n tJlII Pf1'1W.i1 .• Ithoq" , ... ~t.U~n "",,1'II-II'"t WIt the R~ •• r COIIpa,"" .. ,. .t toM P.,.I",,-... 11 .'''' ti_f WIII'"CD Plaln .... m .&l'Id 101»"[1 tM qLd faril';,If'" ••• r .. hl'l '.I~ 'tI'~. ""~rm ,""ry .. .en ... • .,..~l .'110 •• ,.naI~ 1M .Il~ eo .. ....., -J fo"b ... lb .... i.,... u. .. jlfmtll and ... -t to .... wil~ "Po' Ih ......... IU. 'rom .,. 'P1rm •••••• r.d.& Qc t&I: of daa ",.lit, ,ke hrns.lllet .... iIl rtlson lJM.prtallt ... "",q R=l.dlllfa, ~P.lI)· tGo ,lIt.Lr f.." ... " ''''.t 7. :&.h~;'"Jt 111 :n;.bj.c::t. to Old.t.1\, i;Jt.,.ah g .. t. -"J"d j-an.L(lu 111 11"-00 I".,-"t. of. wq. lJI t.t\,. ","_111; tbat. tilt, aaooi .. fir thla ....... 1t ~5i1'll .~ ",..,,_rt.u .noJlldl"l; ''\It 1'11)' JJa1t.s to "'ulld:l.npa. pipe 1111_. ~ lines .::.:1 I'I.oIIGS. 0.1 tlr.1n1 pN'l-l .. 1..... _"u tha tlball beu tb! CD.:;!". Gt re$\Or1.~ .lUcI1 prc!.a11.. to S Gol'ld1t1on at ~ .. t. .. LON UI ... oOlldUs,,1I at. til .. tL'1II or =u.m 1lIjla.1aatnt. WJd an.-ll.1O ptrt'on; aU _ lI"rllU • .d.r ... to tdftfph. '""l' 11l"""",PUO" oJ: .,... oJ: stlGh r':tI~rt:r. ~.-.:: f· ... J-w l<:ontil:ll1l11d <:I., o1bn aUtt) III wrrn"J;. WHBEeQr IlMr ~~ .'IIISIIIoI, .... ,.-01-0 Il0l. I '!. 1" C, I "') 11 &!.' .... / " J..... -: '. :I, .... ~ :-1 ..... ,It •• ·.1 .. ~ . . ,\ L . au P+(.. ... 110 .... PuIfle .all •• , a ••••• )', ~y~~ At;tutl .. ..... -.. . __ . .,""' .. 1Ir"''''~ I, " Ii WUu~ 10 '~I.'" 01 h ... lu." --A,I, . .... .../ ~/!·<.( •• 4:.. I •.... " .1. . --... _--_. --.. ----.-_ .•.... __ . _429ft 1IQ276 , ~ . ... •• ~ -, .:; . . . • BIUHriRr ;:.ria c ..... ~ ... IISIIII) a. b ~ liD ...... ,... _ "'IV ..... ~..s. " tile .ia*!\'" oIbal1 ... ~l,r ~ ... ,,:\ ~'. 8JtAn .... __ ..... _""' .. wdw a.u.., tna. ~ Jmn ... T u". tum til ., ~ w.vaee _ M5lIIIA -.a.-. s.. n'_IIWI b ."' .. __ & 11M Ius. ,. It .. fte:;l or oo~ ~ IdrIiM."., t.nolce _l' the ~"'l"J .... JIitml ... -.u. td.tIdJt II ft· I t1, ,,. .n.r 1IG\k. that wob 1IIdS.t:Soaa1 o .... ___ ""u~ n,.,t.., a') td.Q.r!4 IIPMt:elodba. u 1Ia tile lwl 1tt" _dq .... IlIA propn14 Idd1Udal v.a.. 11. 1M ~.,.. .un '0_ \lw .. 111> qft ... Ul. COIIt.1I aIld ... .1 .inoIIft'td bJ \lie 1tdbnr CDI4!&4 .lJI pnoH ...... 7 lR- Ta"t.~,.t.lon~ ~ .a-Y. alii: JlCIoaIotd ___ IIU~ut ... _to =-~., pI.u cil ~ .. , F"f I'Id III tM BeI"r Cc 1 "'" SD e_tt-1d.th eou\~, 0,... Ucll. .aai.."Ikq'_ 0*' --.l. of tM t&cll1UN II. .M) abans-. \ml!!d'. but. JIOt. Uld'_ to rIV" 1;tD,po~ ."'"r." &.lid P""'''''' ~ .. tlan. :"D tbII fiaUeq ;;o.-.peA;V'. m-woatt.n 01' Ill .. ' Jjm lOad. -_~ to' tho a.m.o os: tbiJI ~,. I.. IIac4 ~ tmJl-=tt>zo .. tbu l' ...... lInr¥ C"'"FIIr.1 aq detal too Db. an. con. ttnotull'l ef tnt bdllt.S. •• U. I.ll. n.., ~OI!. ch:.1Id necaaU7 'II; tile P.aU'IIq ;:o"pq dlarin;; O~D cf the. t&eUUha. 10. :'l:e .f' !~ ca..paq _rna .. r.:..,l;~ ~ ILl. _ toe p~, oUIlIl' .. rtle, t.o 1311 tlt" laAd .. n $ba !lbcn'MlIIOri,*, 100ll\.icm. f~ urt .. d IIl.l. FIIrr." .. !lilt. :1JIoonlin.n v 'II 101 •• "'1'_1_ .. r w. pend~ 11. 'lb" hrrl4tt.e.o acr-. thAt aI\1 Cent-nat "-.!.ah it .111 Jat. tel' t.l;e CC.IlGt.iUCt.~ nt the tae1HUe. (,11 GaSd rJ4b.t. Dt y.~ lIhIoll .-v1.4a .. talk.~ • .1. 'l'l!.. ~c.~1' ..,.p ~ ... , t;, ..ad ..... h.!I.\r.laa.. l6:I:rt.hen P!I.Olt1c Ra1l.wq -"P"'U' 11'0 .an,; omit all. cb1 ••• ..ut.e, ~h", .s.:..ce. or IX Ollnl or. accoWlf; at n,1Vr'!H 1:.0 01' d._ ot 1IZI7 IIIl4 aU ~Ol'"'''''''=. 1toc=MUOO:. -:t2Wll/i: th. ~wntrar:"'Z' • .ub- eClIl"tn4tor:r. ~N ct \ba ":" • .-01:.0'" a .. bao:at.:-.. ton .,.s ot .Bid 'I]wl)'~_ and 1111 <iII1d III IlIll;'Vb d£.=.... U'1IJ.n. V ~1QIdA.. emf. Q( or 1D IIIIl AllJlMl' COJIIIIIIt.cI ¥1t.h ta.. \Ori: ..,rror .. ::1 1IIId .. ttIJ.. oo:It;-act., 01' o-.Jm or occlIpgmd l.l ,-."l", 01' 'n ~ b:; 1'eUC:a 01 t.:. P2'1'.-n1l4' .. u.. r '",01'1 liS' <4 1111 pro","".) or 'the COlltruWr, IIIIb- r.aa\I'DCt.Dr"', tIIe:l.r ... ).o~ or ",wu, "1'0" or II p~iy to tbr. "rou"";, ",t .. ld .IIIIU~ Co:!p.-.:r. B. tbe ~nctol' tIIrt."l' .,.,.. th~1. .1. ,....ll. d.,lCl11d. at. • t~ C,",. U'joOUt 111 tho ....... ud "n beh.U o( .. d .<au.. .... Qe.1M'\,i Ill. c~ Dr 1N.t.!. tor .lI;ll:d.II. to per_era Dr cS_,o;:1 to pro~ft) ar1~ til" ~ c.d ot th. _~ C:.ft' ... d 011 Gndel' t.h.i_ c.,::t.raat, 1'Dr VlJdI aaid 1I.a111lq Co;r~ 111 1111iW. ..... !.II all", .. *, I.r,o ~ 11"~, .:. 'DIll uon-actor .to&U CeQ ~l&:' .... 111.1'.~'a I'I1bUo L ~l1i~ lJU1\ll'o::ce :v.-'.d1.'"\,-~OT A l:udt. .t DDt. l.I .. 't.Ilq .. SOU.DUO 1.'01' aJJ. ..,.... .. lIZ ... ~ D' t. ot til. l:odill 1n;i"1"i ... to or dNUl of 0111 ,.r-.., _ IIIIb~"" too t.b~t; lla1t.~ .. 1' <lacb il'&I'IIOD, .. "'t.d llJd.t. or ..:1,000.000 Cor :11 ~... a.t" ..... .....: enn. ot "0<I..l;: ~ 1.1' ' •• ' 1.0 f4 :lutb o~ '-v """"' ,,_II' ,12 ~ e .. lIlIl:.dd, 11011 :Ol.' a lia1r; ,,: uc:.t. loc ... t.!al' .~,IXIO .fOr' all d-=.~ ar' IWla! Otl\ 01' ~. ~ 01' d ... \n.I:\...G.l Qf ".1l,lC.-t. • .l.n "''lJo ... "" "1:1d-=. aDIS aubJeot t'lt the' lbtS,\ •• total (DI' ..... Z't! .. aUr) l..Jd.t. .1 ';1,000.000 lor all cI .. ~ .. er'UiJIC GIlt cr dll"sre to 01' d •• t.~t.1an o£ &'%Uillld)' d40. 110. "t..v (oOl1G7 ,ar*o A..1 ",,011 Jolle1 •• ;,,:JJ ... doJl'ZI ..... nh tIla-do. IIII-4L1l 1:11 1IX&:.I"oId b .. 10 ":"'-"Gr:.t..c.n q~ l.t1o:;l 1.( _1M t..ol: lire ~'l ~a .. '-'" lit \1~t.cD, lII.u.l "e • ,F2Vftd Ir" ....c . ..aUllq ':O .... A!.,)' .. to u.. 1111'-""'_ Cl,IBj.a!U' dt.1nr .",.. t..Io _ nt tum aIt' Il.l, .. "" .1), t •• raor. ;'he .:ont.n.ckl-c..a.&l E'1'01I.re a."Id !'_muh to IIPd .:a.J.1o'Q' ';u'ranl. pr.or t..; Uk: lIIltl',) ,/.3.n or 11.11 or Ul d l!clhlq GaalpmJ" ;.ro ....... , b1 tho ";ODt.ract.cl'. "too ...... rcce pohcl't or !II :u.u. th-' II oonitted ooP1 ot .'.)GII pollOi. 1.cLet.:t .. 115.\11 .n e dcorli_nt. llC1'lt.c, 'lDIIc 'th~ 1.:1' 1:1 o£ wI..ch UI. ~ __ .... :C:.pmo"'J lna.1r-& t.IJe l1111bll,it.. uQlllleil, '-l' the Con· t.r_t.cor a .... ·.""O..r •• _tMtt~ JA tho> .fora ot .... a..al ...udo1' .. o::. ... ,1. cL-:"o;);ocI •• .:'(,1.0 and .. 81111 • • art. lIereet. • • • • If Aft or ji" ."} _ ~!o·.4·""~ l!IUI:::Prtllt on 1I1e 'It V.llit. , " :.-~--\ -- .--------,=--------,=-:--=~~=~--:---~ .. ~ .. -~ ..... -.~! ~ -~ .. -_=-0:.'::' "1;.'-"--. - -.~ .. ---.r -, • ,rt'nM"" .. t" , • • Pipe, lf1t.bla 2l ha& pl.. ,_ doo~ 'It pipe. IdIaU CNlt_ ... I:~ W .. ot 'til .. 1'011.:.11>&1 p.., II't'lJ 1'1110 --_'"' &aYJ. A81M '-'1"'-:18. eoll"retc _ pe --ASnl c.-?e-:i'7T Cle,a n, 1181.1 B. c:1rculA .. nl11tC1.""_'t 1Jl ciraular ptpe, fer pip •• lastall04 with 1.0. tbsa l~ t.ot bo- t1MalI tap otptpe ad top .. r \.Ie. Asnr C-'i5-~7T Cla .. v .... 11 C, circular relaroreement ~ cl~ul ... plp., tar plp •• lQ.,alla4 "I tb U."'." tbOA lIj r.et betw"" \OP or pi po and u>p or u ... Co"Nga~eoJ IIIIta1 Plpe --GIIII8" Mel CoaUII& MI"J"ct \0 I"Cv1n Ill' B&llway ~J'. O\b~r plpe mat. • .,.1 .. 1 .... ~ II" ... od on .p.",1al approval <Jt th" Ran.", C .... panr. 3. Fe .. II dla&IUl,," or aot len. t.lIaIL 21 l ... n plua ,be depth or pipe oacl1 aUe ot tboo ao .. h .. 11. ... ot \reek " ...... 11100. u.. JoI=t. ill tb. plr~ 11.11 .. al:lall b" pJ'oYld.e4 .. I th ."Ualllo jalG!11S .ul'ld tOMb ••• ,e,...tl&bt 1I ..... ecUCQ aDd or ."ell "..al: .... lal tbat t"I" J olt>ta w III nail!. tight Im4IH' .. ca4bed loade 11.114 11111"',,1. 4. Irl'lp'tlaQ pipe Ua.c crolllllllSI IItIll anbCftB allall be pr"l'14ed tbrougbOllt """'lZ' l" .. cth .. Ith w., ..... tl.pt JOlA'. capebt. or r •• la\ln, tbe b)'\ll'olU\lc pniliure und .. 1' aMeli tho~ .l"~ to ope,.t ... IU,bel' lodr: Joint, ~Ilppor 11. .. 11'. tor "Ibbel' ltUlIi tn" ot nanclaS'd _11:11 _ill be •• u.raet\Jl')' t .. c(IIIare'. pIp" .Y"bollo. ?lUI. tor' aypbona ... ,,,11 a ... to opent" at :r.ator \bao • }lJ'1I.lWtI or h .. ;.:.tmda \liZ' all,,"ra bd; IIbll ba II1lbjan ,,, IiIptlclel "''', •• b,. Ral.i._q Hqla .... rt=S Dl-partUllt. 5. vad ........ ·talo ""tliUUCIII tM flaU •• " CcaP4l'l~ c:II)' I'aollulrn tile "N at an ene." ..... t pipe al"allllli tbe '.1TI.e' IIlpe. f. lihue .arr ... ;ed b)' .... dd 100d condl;lco. \1: .. RallwQ' CQIIPII%\Y .... " rlt'lllJra all elllOrllolloll:-' lilt-pABlo ... r ... tlil-nr .Uhlll .UcIIU .. e 1I.IatltQce or tile crouine:. ~. "'be .... 1 .... cud",. 01' 111"0 ... or COtapItflllt pulol1a authorU., preo"rlba • blp.,r lieuee "r preteetlon tbaA epeol~ie4 ~relD. ,~ .. 'he hlSber 4oSl'IIP or prot"lItloD ,,0 pr"".r'lb"d ,tall b. d"emocI II plrt at tbe _pecltlcatlona .lIt t ..... th io th~" !zhlblt. (,,;,n::n~llio~ - lillrrier Pipe TYPICAL Sk.ETCH OF PI PE L1 NE GROSS I NG FOR SEWER, DRA1N. OR IRRIGATtON LINES (jet' I e" G( CAler EIIah .... r St. Paul. 1oIh1 ..... a~ .. n~"r_hl" 1. let>9. - Bllla'Drtllt elf lire in ~11Ih 8lfJa.'P "If /fTu "'If, 1I11I/t. tI i,. '" :;:; I-.... 0 ..., fI ~ "'" .. to ... ";i ~ ... .... > A! ~,-: ...... • .... _-_ ... --~ .--.... ~; :;':~ ..,.! -----.. ~~-------~~~-~-------------------.. _. _ ... • " .. ..... ., ~ " • • -.!'= .. '" ~!U .'·PPifi! III COr.ldor&t.iOD ot tbe pr.tta at tI!I1ch tIWI pol1cr :lB 1Iri,",11~ 1t. 1. qreecl tm~J • 1. A»T ez..hftOll Ol" pl'ari1d0D I:~~ 1D ~ pelion' O!' in c;r eft. 4on_' .ttac:bINt wret.o •• 11" .. ~ eo''''ate ~ &aT obl1.t:lmI or l.:I.ab1)i1;7 & • .-.4 b7 the ~ uJlda-~ g_t:ra~t _ ~_t ar ror ~ or ~ to O!' ilUWlIC!tllIa or prcIpIII't;y ocevp1ec1 or ... Id. W. OJ' 1n tbe euot .. cue~ ClrCOmol. of the 1tJRroId 18 deleted, 1l'C ~ •• l"nJI'eb that. ::c:~t ct.ered :tn~ ~tun;, za'dIrr I;IJ' nBllOJ'Cm' ~ IIDI • dated • all!1 toile imlIring agulZjI'l1t.a u.. l"o!Teb1 cte!Ided to CI1IeZ' the obll&a ttDnlJ 1:/.:II_cI. b." tile contrl:ctor' ;mde:r tm tams ot tile folll'W1:1Ir p1'OY'..!I1aM or -.ud eontnJ.c1a -!he Contract=' shall1lldUllU)-am _ft 11Imlu. th! Iiortbern Pacll'iQ ltIilIIQ' ~IU' tu .. alV' ud an e'l'", 1I'U1b1. 101111"8. daIIIps Ql" ~ .. CD &CCOlll1t or ~lZri •• to cr daath or &11T and all. ptll'"SlIne ~coner. ll1el!>41n« the Ccl1trae~. 6IIbecmtne- ~. ~~n ot h C.,.,tnet.>r. auboQIJtn.ctarll aM 1)1: 1Ia1<1..... Hr.ib1a)' Coapany. &rld ~ lnd all ~rt.T dunS-. ariUI¥I G!' i1f;w-. 1n" Ollt or. or 111 err 1laDnC%' c:onnec"cr 111 th tile wrk pert orad UlIdl!tr tlI1$ Qantnct, or u.,.&:t 02' OCc:4Bioned 1n whole or ~11 part. by rAllo/\ ol. the Fe ... ncl or the P-I)ll """ or tJle ";o"P6rtY ot the Contn.gW;-. :nIboant'nctoZ'lI, U!1t!l" eaplO!)'lteIl or iII;IIntG. Ilpon or In iI~t7 tel th.s ~ or ,.1c1l11tUvay CO.IO'.~ -.". Corttr.>ctor twth .. ar:rec:I t. .. t it v:!.ll ~l!tencf. :l t 'til 0Im ~""", in UIe moe and on behaU' or lllaid IboH'IJl¥ Co=p:I"Y. all cld ... or Rita for injuries to peJ'llCM or da'¥p: to Pll'OfI8"t¥ .zrjll~g =1' l!J"OII1ng ODt or the VQic carrSol! an IInrl.r th!1I cmtzoact, .... 1' vh1ci< a&1" &.n .... ,. -<:cr:rp:l-"" 111 liable, Or 1:0 alJued. to be Uable." 2. 11le rIo."t.lluT. flc1Cic HailJ,t;y Company and allY otheT ra.)::oocl cOl:IpAn.Y or c~1'I1ell Mreliclrore or ~t.er ~nbttt th" joJ.nt U!!I! or tile MaZ'ti',en\ PacU'k liallllq ~rar'lI ~porty arc I'I3lIII'Id :us adO:itloIRl 1",,1:ftds \IOder ~ pol1C;V. bllt. Dnly lllI """peela tl!& CCn:1'lIl'l! rr.q\Jired b~ the abQvo con- tract. J. D1e c:ancella;.1011 !,corjod p::-o.,1ded ~or lIu.!e" t.IIh policy .shall be ext.ta\ded t.O .;0 daJa. bllt on1:; n, fO=ptct:l the cov~ragl'l r!;quirrcl by tbe abOVe cOltt:'act. drUd:PITIll on lile III Vaulr. rtlN I ... I .... ~ ,. ( 'If (~ 1:'1-. ~ ....... dMctIO IO",~' " MOUIS. C-, ,....~ .. J '. -. -. ... ".r; " A lO foot utUit)' 8a, .... ojlt _ a pott1on 01' th& e •• t 100 foet of tho llorthml.t _~r ",_at One-quart..r of Section 8, Township 23 North, liaDge S W. M.l .oid portion being dascrtbed as follawo. l'bo .out'>erl,y lO fest ""sterl,y of 7th Avonue recorded in Volume 2 of ACId 'he p&r\y or the oeoond part to have tor If!wale Pipe lin .. and any OUler public utlUUe:s. tha DGriJIerl,y 30 feet of tha ,m>du<Jt1on A..."," aooording to th8 plat page 37, lleoorc!zs of King Count)', lfaoll.illgt,on) PW'poHS ot co_ruetion, nopaJr, .n!N:. aDd ~ntenanl,!e of secVkl: ... IN' Wl'rNESS W'H!:REOf" tb~ sa.:d partiQ have 110.,.." ..... < .... ,., I..., '" and R3.UI tl'.is .. lilt day of STATE: OF WASKlNO't'Olt f COWTY or Xnro ; $I. I, lJ'u-.lderaJaned Notal')' Public In and tor hereby eel; ! Ihat on the ..... ,.;If.j .... . . / ,,- , /~·'4,.-'v"' ... ~/ ;;:/ "7;"· ]...-'L (. e-,.~ .... ·········· .. ···;:·7---, / :--. v .{,. ... /~:.;.. /~>,.. -' " ,,' " ~ , .. ,;' .. "IUN'lOR . , • ", ,. The north 630 feet of the south 660 f •• t of tho Northwest 1/4 of the Southwest 1/4 of ~ect'on a, Township 23 North, Range 5 £est, W.M. lying west of the center line of Hal" StraM produced north and ust of Horthern Pacific R.ai IwaV; Le5s the wen 293 feel; ~O$$ t~e south 226 feet of the east 161.5 feet thcrecfl and Less t~ south ISO feet Df the west 131.50 feet thereof. The .;,entl' Ill'll 01 ~oid .I • .:ttl( lin. to b. lOCO," GI now mud ...... 4.W-~ .... Jt,._ ,~L.t.~ll_t.-',Q .. ,f.~~t of the above described property, ftl", C<JfTlPOIIY sholl h~ .. e O(tCiU for Ih. l)\,Ifl)O'l' "QI9d and inoll b. tO$ponslble 1(Jf damage ,'aulad by l'IegltgencC!" nt th .. Company [hot,. '.rm~ !huil b. b1lldir;g vP(m!!wI $UCC.,wtl ond ..... i;lnl olth. r •• pecti .... porli ... , , :-.. . ...: .lC-'::._~~~ ___ .:.._, ____ ._. ____ • ~.,. ~ SIA ff (')~ WA:.HING'(J:\; ~ '." COliNlv OF \ ··'Ol';ml"· .... ,;,oliv O~I'.or • .u bttlofojo m& ,(P ~':~ri~t6".o.. indi"'idvni ,"Hcrlbed in '~w;~i' ;h~-;;;-~I.d .... within and for.go"ng Inlfrument. and oUn;;l~dg~d 1hol ,l-' :.~-' :-" -" ': .. :$~~·_~.t .. no. 05" 're. and ",ohm lory ocr ant' ",.u fOf Ih. <IS". ond purpOl" th~n "'entlon.d I" ' , -;/i " . , , .. " .. ,,",- '/. 'lrA:>I'<!' Jl.,ll)N , ',i" :." i " day 01 19 re-SidiflO 01 19 ·~t'ln"·.,,, •••• I-p ,Ilt. ~o;&·"".J.a be til .. ,I' " ':',' v .. '~~_ . _ .. ~. _._ _. __ _ __ , ____ ._ . ____ ._. __ , ____ ._. ____ ~Ih. torpOtGtlo" thol 'o •• ,,,,ItId Ih. for.Volnv . Inslrv"' •• li. onllf·O' knowl.dged th. wid 1"llrv~n!}!CI be the I, •• and voluntary ocr enG dOl." 01 $Old "'porotiOll, '01 Ih. "' ••• ond "pvrPOtiitC ' ..... in m.nlioned, lind on oalh .Io-.d ir.al. ___ ' ____ ...:... __ • oufhorlMd 10 I:'~Ufe Ih • .old indnll .... nt and , .. ,lhetA'" ilt"! IIltfIPtI 1,11'1. torporo .. ,.01 of $Oid g)rporalloll, ':~ , " , :~: ,. . -. :') "'WlJ~~'rhy hand •• nd O'fI(iollul 1'1.'.10 ofll;lI.d In. day and ,.0' fl15' obo",. written. .... _ • .l~_' 1~,:,"MIIIf *11 ..... \1.1 . i " ' .. th. GI''''\OI". IlOIIL OIL CORP<8J.!IOI. a I •• York eQl'por ... Uoa, tor _l1d 1. coallder.t.loD of One DoUar (11.00) aad otber· coed lad .aluable cO.lid,ration, tbe J'.cel~' of whlcb 1e hereb.y .aka.wled.C". Ifta"_,. urCtial ••• nl .. d c ..... 78-to Gl&t K. lInt.! aad LIID& a. nrrLI,. hUI)'buul aDd wite, U. tollonal- d •• cnbed: 1',.1 •• ta:te d.t:~.ted 1. the Cnat7 o~ Iln" -St.te .of WtlhlllC\Ollt 'fllitt pol"t'1oa of the nortb.weet q'Qari.er of t.he IOlltb.- west quarter of Section 3, ro"ahl~2) lo~h,_ .-'C8 S Be.t, ·w .11.,. iJl ling CountYJ W.NI."oa, "".01"1,.115 .1 tollOYSI . Beclaalac at the-lnterlleetiol1 ot'tbe We.t lbe o£ Park St.reet with the North 11 •• or 6th AYeD ••• orth; t-liellce loroth alollg eald Vort. lbe 185' t.et., theBc, w •• t 107.5 t •• t; thence Soutb l8S teet; tbeDel &est l07.~ .t •• t to pobt of begin.1DIJ EICBpt tbat portion CODye7ed to tho Clt7 ot ~.atOD Fy need recorded under Auditor', r~le fio. 72060'Obk8. SUBJECT"ro current tazes and ........ Dta, ~d ~o .11 reaerwatloD8, r.lt~ction8J conditione •••••• eDt8 ~d ~lchta-of-.. 7 ot recordJ SAVIIO. IIcBPrIIG lRD IlBSD'fI1lG d1 oU, po oDd .' .... r a1D.lfr.l "ript, 1Jl IDd under •• id pnpert.7, tapth.r " with the -scluelTe right to ~ •• each portloa Gf •• 14 property lrinc .ore than SOO r •• t belo. \be Burt.e. thereot tor the extraction ot 011, Ca. and .tn.rele from ,aid prop.rty or propertiel in the Ttciclty there_ o!; hoveyor, with no r1~ht8 or 8urf,ce .atry vhatoc- o .. er. that tbe lubject 1'.,1 pro~erty ehall Dot be u •• d in .bole or in p.rt tor the ret&il •• 1. or po~rolD~M prod_eta. It 18 DDder- 'toDd aDd 'gned' t.het tbh eo'utne.nt ,h.ll czopi" fi,.e (S) rears Cro. d.t. ot recordiDg thi8 document vltb liDC COQnt7 aecorder's O.rtic".. Ally"d •• d or otber lnstruJlent daliTered to an)'" per80ft 01' peraoDa 81"ant:la, or eon .. ey1n(l: 8n intereat 112 the here1"n-de.e:r1bed re~l property or any part thereof sh8~1 likewiae coot_iD a re- atrletion 80 rOitrietinr the U!Ie of 881d real pr"operty tor an,. -1 - "r~ ." "~"'"' -..... ".-·'1 ; -:'.~. - ~ --.-, .... : --. , ... ' ., ;'-~.,. ""!;.~ .•. .. ". ",'.: ..... 0..,1 .... porUoa or .. ld .u •• (S) 7"" pu1od~ S_ •• u ~,. ,.1. 1' .. 1 PJ'op.r._" b. '0" ~or tile nuil •• le ·of pet.role .. pl'od •• ~. dVi .. U. UiIo ,.l'1od prorid .. to ... b .... "OIl U'l • k laid_real ~ eIIa11 ..... -li:r be ...... _ oa. ft_ -. yeri -. .... 11 011 C_U_. D Vl __ 'liP ... td oorpo .. dlOD b ....... '" cor,or.,. DUIII ... _1 to be' ~ 1I0H' • ..a w. 1IUIt.n.- aeat to b •• x .... _ bT'lu Tin ..... :Id .. t·_ ;'.01._, a.c .. e- torT lIl ...... k '_17 n\llol'1_. IiUD MAR 2" 1913 KOBIL OIL COIPOB&!IOI -2 - , :'" -: ~. . .... r ; -..•. ~~~ ... _""t--_o&~.J_ ...... __ ........ "",,,,,,_,,,,,,,.,,,,,,,,,..,.,,,,,,,,,, .................... !!!!!!!,!!~!,!!,!!!!!!,~,!!!,'l""~!!!!!!~"""""''''''''''''''''''''''''''_ " .. _". 1;' __ -1... __ .. '._.'._'_ ... · ____ .... -.-.-,-= -_. __ .-... _._-----------------_._-_. __ ._--_._----.-~ ........ _- ) , . . ' , ) ~,' . ""Aft Of DIl _:1. f"!-.cIay of 'i 5 3iiiii. . - . D wn;III;S$ 1IIBIf.OI', 1 ...., bereUllt:o set lIlY hand ..a official ae.l the day, awf year fiut iIbove vrlttea. SIAn or Nf.W YORK ) <XU1!ITY OF NEW ~'ORK 00 this ;l. r'-' day of IIi Vl1'l!SS tIlEIEOF, I fane herecmto set lIlY baud mcf official .eal 'the d_,. ad year first above ..Tittea. My Co_iss1on Expires: _",~=-:_,,,,,, No. ~M718711J , o...~ In Suffolll CoiMty ______ -" • .,., .. ~, ... .:;.,;."~., In ~w Y. CCKlntj ftnlt IJIpIftI MMcfIo '!D. 1'1/4 "UJ " .. , .... SHINGTON "ATURAL GAS COHPAHY EASEKfHT Michael P. Laux and Joyce H. La. ux •• his •• wife Tile-Cu.nlor L-, 7 ? in couidlralioD or the BIm! or One Dollar ($ J.oo) do _. hereby put to WAStUNGTON :'\IATUIAL GAS (DIPANY. a public utilil), corporatioa, aa cQall!llt for a PB pipe)ile <II" pipeliaH IIIldn. oYer aud IctONI the-foIJowiq dc-scribed p(opmy rlllu! Grucor __ , Io-wi': AD. ..... ac 2.. f .. t. on eithu ". of • au 11D1 •• lucaUed ad d.acriNd •• follow: ... 11U1iD& at the lotl-th ... t cortin of the lilt of the SV\ o~ Section 810 'fOWUldp 23J1, rap .r; BaI; tIlaDC ... n a10q tbe aollth Uu of the Ill\: of the sv •• 41.cI.e of ·461.81f •• , the .. aonb • dLltIDCe of 30 feet to the true polBt of bq1uilt&. thellCe coottaDtaa north • dlltnce of 254 feet. ALso 10 11 • ..eat 2· f .. t CID. .iWr, d •• of ... a U .. M*IaD1a& OIl! tbe 11 .. de.er:Lbed. .bon HIlI Z15 feet IIIOnh of tIM oortk ript-of way 11. of 6 It.,..,. Borth aDd ~eadt .. we.tarl) aDd parallel to .atd·6 A...ue ROrtb • dtateace of 97 feet .or. 01' 1.... .Sitv.UcJ. {Q UIlI CouatJ ~ WuhiD.gtoo. liviR. ud P&Dtia1 to said Company SLich acuaa riPtJ; U.I.Y.f be aeieQaly for the ia.aallaliOll, operuioll aad .aiJlleaaace or slKil pi~1iac Of tiau; -. by die acaplllKC 01 daia euemnl • ... ~ N&llIiaJ ea. Compaay a&lCcs to iAsIaIl. aperate artd JIIaiaI_ .d pipeUlle or lian with tile kUa PHule iJitOllvcnieDcc 10 die Craa«ar _. _ apeU to DoW dac Graalor _ barmle .. £raID .Y 10 .. , c_r 01 damge r('5uitiq r.omlbe iaalaUatiu. opaalica or aWataarace 0( IUdI pipeliK or liAc.. Goaror a&r~es not 10 erec:t allY .... coarq OD laid nae:mcat. . .•.. -.. . _._._---------_ ...... or"~ ? /7 f"/ b SrifC.lIiOIll PNTI--E •• row Dept _ _,. ----__ .... _ ... 719 S.cond·Av..... '''·_·IhIIDT.GF Seattle, Wash _ 981~- ..s If 1m IIrt 29 11/ II 00 -. -1;1',; _ I I ! i ! I I I -'l ;" ,-:- " ,. o o o I:. .:1[ i':"'iI~;t (I' WASHINGTON NATURAL GAS COKPANY EASEHEIIT The Ct.llntor'_, G 6 M Inyestment Co~aD)" 1n .\/ (':on.ldernlon of the .\l1li of One Poltlr ($1.00) dO_ t..reby I'UDC to W.ASJlINCrON :r NATUlAt GAS COKPANY, • public utility corporation, ~n ...... at for I ... pipeline or plpeltQ.' und.r. oyer .nd .crol. the follovtn& described property of the cr.ntor_. to-vit, The West 10 feet of the South 250 feet 01 that portion of the South 660 of the NW 1/4 of the SW 1/4 of Settion ~J Township 23 H, Range 5 EWM, Kin, County, Washington which lies north of the north line of North 6th Street between Pelly Avenue and Hain Street (now Wells Street North) Ilvla, .nd It.actnl to .,id Coap.ny .uch Ieee •• r1&bC' II .. y b. neeeiliry for che 1o,t.ll.cIOD, oper.tlon .nd .. tnt.D.ne. of .uch plpel1~. or line.; .nd, by the accept'nce gf chi •••• emtnt. W •• hlngcou ~tur.l Ga. Company Isree. to tDitall, operate .ad .. ~t.iD .uch ptpe11ue or li~e. with the l.,.t po.,1bl. tDCOGvent'ICI Co th. Gr'Dtor~ ,ad .,r ••• to hold the GrIDtor ___ h.r..l ••• fro. 'uy 10 ••• COlt or d ... ,. r •• ulttna f~ thl 1n.tlll.tloD, oper't1on or .. 1Dt~DC' Df auch pipa- lin. or lin... ~.ntor Ilr ••• not ~o .~.ct In, .tcuctur •• OR "id ...... nt. DATElI thh I STAT! 01 WASHilialON ) COIJII'l'f or ) ()Q tbb I dlY of rl-t=:s ,19..,V'b.fore _ penONl111 J, ~ , .pp •• red CO;-HI,." <C tH9frec) to be the of the corpor.ti01l CMt executld the within aad for-.o1na lD1tru.eat. aDd ackaowled8*6 the .,id { .. traDeat to b. the fn •• Dd volYDeu,. ICt aDd d •• d of .. 1d COrporltf.on for tb. u .... nd purpo .. " th.reln .Dtientd, .nd on oolch .tlcecli tbt J._ \,_ .uthorb.d to .x.cut •• Itd laat~nt. 11 WltIISS WHUIOP. I hive har.unto ut lDy hiM Ind ,UbM ., day"hc1 y.,r f1~.t .bove written. ofUchl ... 1 tho "". Hot • ..,. rub w.lh1natoa, r.ddioa .It I~; .;:jE "'7T< l!. " ....... .L ___ .••... __ " __ • --'-_"::.._-_. , - 1% EXCIse TAX Nor ReQUIRED EASEMENT FOR UNDERGROUND ELECTltIC SYSTI!III r,,,,. Co. Reco,~s DivisiOll ~y _.-$. .. L .... _ ... Deputy MICHAEL R. MASTRO, 0, ,"Oraftler" bl""UlI, annIS, eonv~s lAd warl'lllts to PUGET souND POWER &: LIGHT COMPANY •• WWlqaaa oorporaUon ~ :::l I" OrMIee" herein', ror tneparpoaelnerelnallf'Uet forth a perpet\L~ .sement under, ~I'OA ucI over u."fCUOW .... daerlbed real property I c/'te ., Property" hemnJ Kj ng Counl),. WlShlnatoD. That portion of the south 660 teet of the Northwest 1/4 of the Southwest 1/4 of Sect10n 8, Township 23 North, RBn9B 5 East, W.N., in Xing County, Washington, which lies north of the north line of 6th Avenue North and between the center11ne. of Pelly Avenue and Main Street "now Wells Street North" produced north, EXCEPT that portion thereof conveyed to the City of Renton by dead recorded August 19, 1971 under Auditor's File No. 710B190352 • ... n E)ccept IS rna)' be odl,,.,..l.e .et remit heniD Grantee's rights SIlIII be ilUCerdsed vpoa IIlal porUoa of IDe PrcpeJ1)' (die ..... .• JUIIU-or·Way'· here11l) dtscribed u fOllows: o A. Rt,ht"'Ol·Way 20 feel hi wl4th having 10 f_ oIlUCb wlddl CQ o t'4dI r;1de of • centerline described u follows: Within the west 60 feet of the above described Property. b 11 10 50 ~M "- UCOfl!l£U ~C R£COR~. 1 • ..".., GnDtee sba1I bDe tile ri,abl to COQstruct. opente. ma1aWu. npUr'. npIaot .., IIIlup ID uadIqrcIImd eI-=trlc U'IASmiSIiktn mL '0(" diRribut10p ~ upon and under the R:tatu-oC.W.,. UIpI;ber .U:II III MI*IIrY or ClIII'rG._ ~ daartIor. wbich lOy IncJw. _, we nolliJ:Uited LO the 1oUowUW: UlldtqraaQII ~ ..... """''D'dm'''= liDes; vllllu. 1IIIDboI_, SWitcb_. IDd 1nIISfonaers; and Mmi-buried or IftIaDd IIIOUDted 'Iclllll_ f'oIIcrIdIII me IDIIIII tICJD- Anicdoa 01 ill t.ctJldet. Or __ IDI)' rrom time CO ti.me coaSUUCI IUdI IIIditIoaIJ tacUlU. U it IDIJ ....... 1. Acoeu. onmee IlIaJl Uve die rt,molaccessra the Rli11t-or·Way over IDd acI'OSI me p~ 1O...we Ona&ee to ........ tu """u ............. """"" ............. __ le ............... ~ to tile.....,. _ by tile ezercue 01 AId riF' Of aoceu. I. a..tr.~; ,... i' I Gnmee may from Ume 10 time nIDO¥8 '"-..... Dr oller obItruetioaI Wilbla me Rll'l-t-d·war ad may len!l ........ die RIPt-or-Wily 10 Ibe e:x1eIII r Ny .....,. liD ..". GUt die JIII.IPOIIa let , ............... J ....... pnMded • .,.. -..." .......... __ • to tile __ procII<oblo. raIOft die ~.tJ ID &be coadiliOG It ... imIII.ull&ly prior 10 .... "*-f'olIIttwtaI1be 1emJledm ~ c:n.a.'. ~ facW .... Gradoi' IIIQ UIIIIetIaU .. y ordiDuy iqlrov ...... Ia _! . , h, of Ibe ~ .... ..,.. pnMdId _ .. ".. ... _.-*IIbe_---.ldbe_....-.. ar~Ior-1O -... ......... .. a.w-. va" .......... ..,. GraIor raenw tbe li&bllo use abe JU&IIl-ofrWIIY lor .,. JIII.Iax-: DOC 'de, _ ....... __ ._, ___ .............. _ ............ tw __ .. tIIe ~ • ., wbfdI wauIcI barf ... ifilb ilia aeJ'd.MoIlbe ...... ,. ...... 1lWUI: .... ID .............. or 0IIIIr ... 01 • 1ICIMtJ ......... 011 .... Pnper1;y Mdc:b waald diaJb... k D or __ ~. ~_ .......... W.,.. or ......,. ............. n &0 aid fldlJd-. ... 1l1li ID bIaUaa IbID be daDt wtIb:Ia I' fell: .. 1be ..... -.... ; 5. -...-..". By ~_ ... recoRIiQIIhia: euemelu. Ilradae .... fQ iadIaIdIy lad ..... bumlea {~ Iroat ...... III ........ r ____ by 00)"""'" ... '" _ be _ by _'. __ '" tile .... _ ....... ; pJVrilkicl ... 0,..... au lID!: .. ~Ie 10 Gnntor' fOr' ., ...... nU.dq tram la,Jurta; CO ., perII:IJ auMd by.u or -.IaJoaf 01 0,..,., f. 't' ... 11M J1IbCi bereiD ar ..... .au COPlimie UDt1J SIICb U. • Grw:ue CIUa 10 .... die RIIbHI'W., '" • pa1.9d,otDftC" ...... 'e)'llU'l.mwtdcb __ dlJ..s euemct IIhIJl WIDIDIIe ... III rIIIdI ............ Nnd CO GhII;ar. ~ ... _" t IIbaU _deemed 10 have ocwmd by re.cm or ~'I r.1b&re 10 1Idta.Uy IuIIU lei fe:lllhl ~ .... HIt·w.,. WjIblD In)' period at dme from die dale ....... ' 7 ............ --. ne rIFts aDd obJlptialS of the pard_:tIball bun 10 dI. -.tit til .. be bbadJ ... ~ dte!: ~.~""iQn lid ualp5. bA-nD eli -1.O.th lily or A,nqult ' J911--. 14S, 4·f~,;(.~ FILED FOR RECORO AT RtQUEST OF: ~ PUruT POWER -------------------------------dt./ I( J REAl. ESTATE DIVISION 7' P. o. BOX 868 'IEllEVUE. WASHINGTON 98009 MI~m.iJol, ErlIS l. BAKER I I I I I J i • I ! I I , , 1 i ! STATEOFWASHINGroN } ... COIJHTY OF KING 011 ItdI day .,......n, 1IJPtV" bitOte me HIrBm, B MasTRO • CO 1M ~ to be U. Indlvldull _ _ 111II1II _ .............. wllblD ood 1oJ'eco/IIa--. II1II -... ... tbalbL. .1tOOd dw -ub.ia I- Ud YOluntar7 _ ad ct..a lot eM __ ad piIItpOMf 1MnIa 1MIIIIoMd. I!gcNst ••• 7.2.... . ,.-) ~G/tf«fp, Y PuBLIC "'Ior U_Gl W ........... _.. Bellevue WlnQ!SS MY HAM) AllDOFFJaAL SEAL __ Il10 ""' 0IId ,....1Int _ ..-. N!7I'AltY PII8LIC 111II1II ..... _ ............... _ .. ------------------- , -.~ .. _-; , , \ • • ,- UHH!!.! THIS IIISTRUllEHT, lllade this .22..day of __ "'A .. U"'qUf,....t ..... ______ 1911._) by and between Harry H Torrens and. __ ~A~nui~to~y~,~T~o~rQre~n~s~ _______ , ____________________________ ~aM, ____________________ ___ and ; ------------------------, _____________________________ ,and, ________________________ _ heretnlfter called "Grantor(s)," and the CITY Of REHTON, ,'Municipal Corporation of King County, Washington, herefnafter called "Grantee." WITNESSETH: That said Gr,ntor!s), for and In consideration of the sum of 1!':!'o;;r;;;;::::;;;::~;;::::-~;;;:=i=:;:d.pald by Grantee, aM other va I uab Ie by tJiiSe ~I"esents, grant, bargain, sell, convey, and warrant unto Grantee, its successors 1M Isslgns, an easanent for public uttlities (including water and s_) with necessary appurtenances over, through, across and upon the following described property tn King County. Wuhington, .,re particular1, described IS follows: A 10 foot utility easement owr a portion of Iheeast 100 feet or the northwest one-quarter of the southeast one-quarter of Section 8; Township 23 Norlh, Range 5 East, W. M.; said portion being descrlbed as follows: The SQUlherly 10 feet of the northerly 20 feet of the production westerly of 71h Ave ...... North (California Avenue according to the plat recorded In Volume 2 or plats, page 37, ReCords of Klng County, Washington) su T 9 3~ fili'II RECOReE:; r,,: : ' Together with • teIIporary constructlon e;lS_t described as: Said _orary ~onstl'llctfon elS_lt sha 11 remafn in force during ~onstruc­ t10n and until su~h time as the utillties and app~rtenances have ~accepted for th\8~ratfon and miintenanc~ by the Grantee but not later than OVBIIIber 1, I ! j ~ .. - . Slfd .heretofore nenlioned grantee. its sutQlSSors or ISsigns. shall have the ri~t. w1thollt prior MUte or proteeding at 1II1II. at sllth tives IS 'IIII,Y be necessary to enter ~on said above described proPerty for the purpose of construct- ing. maintaining. repairing. altering or retonstrvcting said roadWlY and utilitfes. or IIIIking any connettfons therewi th ,·"fthout incurring any legal obI f gations or CO lfabf1ity therefore. provided. that sllth construction. maintaining. repairfng. a-altering or recon~truction ·,of laid roadway and 1lt111tles shall be IccCllllllished fn In sllth a manner that the private ilq)roveJllmts existing In the right(s)-of-way shall ~go not be di 5 turbid Dr dilllllged, they will be rep laced in as good I condi ti on as they Wire i_dfately before the property "IS entered upon by the Grantee. The Grantor shall fUlly use and enjoy the .fonidescribed premises. including the right to retafn the right to usa the surface of Slid right-of-way ff such use does not interfere with installation and maintenance of the roadllay or utl1itfes. However, the grantor shall not erect buildings or structures over. under or across the right-of-way during the existence of such roadway and uti11tl'!s. This elSellent, shall be a cOWlnant running with the land and shall be bind- ing on the Grantor, his successors. heirs and 1S51gns. Grantors covenant that thay are the 1II1II1111 owners of the aboWl propertfes and that they have a good and h.ful -r-: ., ,~7' /'-------~right allllcute/this agreenent. 1;e7~ :: r?.hz ,:?; r / C /' t; z';'" ________________________ ~and ________________________ ___ __________________________ ~Ind ____ --______________________ _ STAlE OF IIASKIIIGTCJI CMTY OF KING ) 55 I, the llldersigned. a notary pldllic In and for the State of lIashington, hereby certf fy that on this 29 ~ of AuClWft 197 L personally appeared before .. and IIARRl' H. mRRBNS ':~W=~;~l::Y~.:"9=RREIf=::S=::===== and , and , and ,-'to=-.="tii'"'own=-:to=-6et:::"T.ln=-=a"'I""vlr:ar.u'='.I,,(r:sT)-:ae=sCf'l=l::iled in and iilio eMcuted tIii! foregoing lnstrilEnt. and ac:knGwledged that Signed lind sealed the 5I11III as their flft ilnd voll11tary act and and putposes therein III1\tf_d. ' ., -, '" t ., ,';' • WEIIEHT ADDEND1JM '!'his a.. "t gren.ted t('l enable M. R. Mastno to •• n1ce new apa't'tJllmt ._lex at 6th ad Well •• llaatro has received •• c ..... Ueratlon fl'oa Torr_ tile .... of $4.600.00 and rell..... 'lorrell., hta .............. or ... 1aaa of II1l'J further charse for vater .ala 1Juot.a1lat1on vtth relpect to till 1bJ1000000,lep1lJ ~ iE1P~!,_, __ "_,, _______ ' hz Lot "1 '!am., fI:I~) The East 100 f_t' of the NW 1/4 of the SW 1/4 of Section 8, Toomsbip 23 N. R. "SE. W.H., 1!iXCBPi' the South 635 feet thereof, and EXCBPT the North 300 feet thereof • • , -:e_ .... ,., . • ~ #~ Tax Lot 199 ('rei B. ~~) 'I" 'l'he East 100 feet of the' mf~'" f, the SW 1/4 of Section 8, 'l'oomahi'\> 23 R, R. 5E W.M., , " ' EXCBPT the South 315 feet. : _ and ' E1CBH that portion ~eof ly erly of the Westerly production of the IIOt1:h line or i0oi: "--Block 4, lIenton Pu. Acreage, according to the plat ~l"recorded in '101 of plats, pg , recorda of King County. - All dtuated""IilYing County, Washington. -'- . ,'-, ~: . 'r .. . ' ,-. '~. ,-', . ', ... ,' • ·l f , f I .; / Joan I:~Maatro'~?>~ __ ..!<!i-·_;:" ... t!I!-,.:r!>· .. -,-_ '. ~ . ,,' :-', ~. ... .. : .•. 'sTATE OF IIASRIRG'OOII, ) .. : ' • " " '.' ~. \l.I>...,..of King c'.''; .... q,.' : .... l ••. l ': <" .. Qoj.:tIii. day penoaally appeared before _ H.Il. Kutro aruI Joan K. Kutro ., :, r •..• b, .... 1moom to be the iDdiv1daala described ill and who eueuted the with- ill and f""eao1D8 iIlat~t, and ac:kaovledpd that they .iped the ....... .. their free and _1vatary act and deed, for the _ and purposes tbenill _tiODed. GIVI!II _r ., band aruI official seal this 24th day of _t, 1977. the Ciry of "'ton ackaovledgu this transactiOD betnen TOrreD8 and IIUUO and c ..... icIer the lat_" aare-t iDoperatlve with respect to tbe no 1_11,. cle8eribed properties ....-by Hr. Torreos. , I f , f , . t ,. I . I i t . '<I .. . • • J , I I -----,--------- .," . ._--.-------.--~---~-~- , -.' .. ,".' .. j. . . !,. i • • • U.HH!!! THIS INSTRUMENT, nil'. thh 10 day Of _______ A".:.9_"_" ___ 1, 9_7_7_; by and botwell Michael R. Mastro an''-_!lIlo •• n[l.JlMQjaillsiltLlrg~ ______ _ __________________________ ~.M ____________________ __ ____________________________ and, ______________________ _ ____________________________ ~.nd, ______________________ __ hereinafter cilled '6rantor!s),' and the CITY Of RElITON. a IlInlclpal CorporatIon of King County. WashIngton, herelnaf~r called 'Grantee.' WITNESSETH: Thlt saId Granlorls), for and In consIderatIon of the s~ of S:====,......,~ _ .... = __ -__ ...,.. __ ..... ,.........".,."Iplld by Gr.ntee, and other val uab h cons 1 deration, do by thiS. presents. grant. birglln, sell. convey. Ind wrrlnt unto the Slid Grontee. Its successors Ind Isslgns. In easement for public utIlIties (Including .. ~r In. s ... r) ~'th neetsslry Ippurtenanoas over, through. ICroSS and upon the followfng dKcrilled property In King County, Washington, IIIOre particularly d.scrlbed IS follows: A. The East 15 feet AND lt1e Soult115 feet of the Norlt180.5 feet of that portion of the South 6«lO feet of the Northwest!( of the 50ult1west l( of Section B, Township 23 North. Range 5 East, W. M. Kir.g County .. Washington, which Uea North of the North Une of Norlh 61t1 St. and between tile centar \lne of Pelly Ave •• nd Main St. (Now Wells St. Norlt1) prodl.:ed North EXCEPT the Norlt1 65.5 feet of Itle said E .... t 15 feet. B. A 15 foot utility eaeement In that po~tlon of the ScuIt1 6«lO' 0' ., .. NWJ( of the SW( of Section 8, TWP 2:3 N., R 5 I W. M. t King Coun~', Washington, ...mlch H •• North of the North line of N. 6th St. and between It e center Una of Pelly ""ve. and Main St. ( Now Wells St. Norlt1) Produced North, ..nlch cente,. \lne is described as fonowa: get'Jtnning at ttae Northeast corne,... of said rtract of land; thence $r1Utn along the east Une of saId tract 172 feetj thence 'tNest parallel to the north-Una of sald '. t ... ct 7S .... t to tile tl"U8 pointer beginning of said easement; th..-South pa~all.1 to the aald east tine 360 feet; thence in a southwesterly direction 98 teet more or less to a point on the south Une of sald tract Vtthlch potnt In f08 teet more or lesa west along the south Une from the southeast corner of said tract of land, said polnt ta also the tennlnus ,:. the said easement. Together with. taporary construction ......... t dascrilled IS: Said teoporary construction ....... t shall r ... ln In force during construc- tion and untO such tl .. IS the utilities and appurtenances hive bolft ICcepUd for the operation and Mlntenlnee by the Grantee but nat later than, ____ _ • ,....------------_ ...... _---_._-.. '. I II Said he ... tofore JIIeIItloned grantee. Its successors or assl~s. shall have the right. without prior notice or proceeding at law. at such tlllli!s .S IIII,Y be necesSiry to lllter upon said abo ... described property for the purpose of CQIIstruct- lng ... lntelnlng. repairing. altering or reconstructing said roa~ lnd "tilltj~s. or _Ing any connections therewith. without lncurrlrog 1ft)' legal oIIif;;tlons or lfabHlty the ... fo .... provided. that such COIIStruction ... Ir,talnlng .... p.1I1ng, alterfng or ... constructlon of said J'IIa"'~ and utilities shill be ICca".Ilfshed In such a _r that the prlvlte 1IIIII'IM!III!!Its existing In tha rlght(S)-Of-way shall not be disturbed Dr ct.illld. they will be replaoad In IS good a condttlon '$ they wre I_dlately before the prqMtrty _ .. tiered upon by the Grantee. The Grantor shall fully use and enjoy th aforedescrlbed premtses. Including the rfght to ... taln the rfght to us. the surfaoa of said rfght-of-w~ If such _ does not Intlerfe ... with Instalhtlon IIId .fntenance of the roadw~ Dr utilities. However. the-9rante,. shin not eract buildings or structuras over. under or across the rlght-of-w~ during the existence of such roa"'~ and uttlftfes. This ease.nt, shell be a covenant IVIIIfns "Ith the land and shell be bind- Ing on the llrantor. his successors, hefrs and uslgns. Grantors covenant that they are the lawful _rs of the abo ... prqMtrtfes and that they have I good and lawful .1 ght to a_alte this a9rettent. ~,.6;;;;~} and e HZ: # .. 7., __________ .and __________________________ _ and __________________________ _ ______________________ ~and ______________________ _ STATE OF IIASHINGTOI CGtIITY OF KING ) I 5S j. • I I , , , -------------- J> ' .. • ;lP.'!::1 .<LUf'!)m :>.=: '!1) '.!IaI!I!:L !>y~ - <:/r:G~ ~'!&.ffl. 4601 So. ~ Street, suite .. Seattle, '<I&'1inI;tal 98118 Whereas. Michael R. Mastro and ioan 1(. Mastro. his wife. parties of the first part are owners of the following ~escribed Parcel A. and libereaa. Donald A. DeMulling ,..,d Di .... e I). DeMullinq, his wife, parties of the second part, are owners of the followinq desc:ribed Parcel B. and lIhereas. eo.erco. :lao •• a Waahinqtoa corporation, party of the third part, is the owner of the follwinq ae..,r1bed parcel Ct And lihereas the parties are desirous of est:ah1iahinq an ease-J ment along the bOUndary line ......"n to said parcels, 'l.!aerefore. in collSiderat1oD of the -.tual beefits to be deri~ herein. the first: parti.s herf'by conwy aDd quit olat. to the : parti" of the second part: and the party of the third part: .... ,! fL' . ,..0 (fil ,;..,ry ... _t: for ingress. egress. ad u'iUtU· over the West 17 4;;' .() lV, feet of said Parcel A, and the parties of the second pert, bere-t" ~ 3 by convey .... d quit: claia to the parties of the first part and F • the party of the third part ..... eaa_t for ingress. ~s ;' /1 II 'A'I v*il'tiM over the Bast 17 feet of said Parcel 8, l'nd { •. fI. the !>Arty of the third part hereby conveys ant! qut.t 01&'11118 to the parties of the first part and the parties of the second part IUl easement for ingress. eqress. 'a. "'~:;Jfe East 17 feet: of said Parcel C. /#P11 Parcel A, 't'bat portion of the south 660 feet of the nortt.ve.t guarter of the southweat quarter of Section 8. Township 23 North. :Itaaqe 5 Bast. 11.11 •• in 1tin9 coUllty. 1I4ahington. which lies oorth of the north line of 6th AV8Ilue North and between the c::tlllter lines of Pelly Avenue and Main Street. now lfells Avenue JIOrth. produced north1 UCEPT that portion thereof conveyed to the City of lIeDton by deed recorded August 19. 1971 under recordinq nuaber 7108190352. Parcel B: That portion ot the northwest quarter of the southwest: ~ of section 8. _ship 23 North. Range 5 East. II.K •• in King county. Washinqton. described as follows. Beqinning at the inter_ion of the nortber1y production of the centerliM of MaiD Slz_t North. nov 1fd.lII Avenue 1fort:h. the City of _~n. with the north line of 6~ A __ 1Iorth in sai.d city. and run thence alOllq said produced centerline north 0 05'55" west: 630 ft. theuce south 89 20'21" West 293 feet; ........ 08 south 0 05'5& .... t 630 feet to the POrth line of .... id 6th Aven_ North; th ....... along .... i4 north liM Dorth 89 20' 21· east 293 feet to the point of beg'! M I ng, EXCBI."l t.IDl.easter1y 161.5 feet of the southerly 226 feet. aDd the south 150 feet of the _t 131.5 feet. Parcel C. All that port1oD of the West o~ of the So~t one- qurter of SectioD 8, ToImship 23 North. Jlange 5 Bast. W.K. described aa follows. • I I ; ; ( , t \ I Ileg'fnnill9 at the intersection of the Centerline of Wells Avenue IIort:h pE'oclucecJ JIOJ:tb aDd the IIorth U_ of North 6th Street; I' tb_ IIorth 0 5'56" West. " distance of 22d £_; t ..... _ So_ 89 20'Z1" West a dbl:allce of 161.5 teet, t:IIeDae South 0 5'56" Bast a d1.st:ance of 226 feet; thence IIorth .9 20' 21" "8t a 4iatance of 161.5 feet to the point of beginning. BXCBP'l'. that portion COIIftJ'ed to the City of Renton for widenin9 of *,rth 6th Street by deed recorded under recording .1106110511. . ,. .' Elceellted the ~d~Y of ~~>t~ 1977. Parti •• of firat pert. ;n ..... .:"\1-~~i.':-~="'---------­R.i. , istro Dfiiiii D. iLi9 Partie. of third pert, eo-reo Ine, •• ......... _ ... -. • • ,J : • _ . S'lA'l'I r. 1IASBIlIG'l'OR, county of (c:-. a. on this dayaWCn':.\~~ Mfl3f~ befo" 1M Doaald A. ~U.~'I,ltnB to _ ~ to be tile indivi41a1 "-=1bed in aDd wbo e~ '; '" the 1Iit:ll1n aDd fongoirlg iD.~ t, aad ."-1edged'~ ? "". they signed tile _ os tbeb: fiM."-!<\.1&JIDl~ act and deed, for the _ aad pUpa ... tberein -.,h6ef. _'~ .' ~ • i -:' .~.. ... GlVZII IDlder my band aad officia1 8Nl this Zlst \. ~r'9~ : s~ ", r 1977 .~1::a ~'~,~~/ of ... bington rHi4iDg at: ,.... ...... ·~N·... . .0" _ • .i 1 , I • I ! \ • r( • $ 0 ,... ... 0 '" II> r- &1 N o r-r- . . STATE OF WASHINGTON, 55 County of Pierce On this 18th day of October , 1977. before me the omdeadgMCl, . it IIorary Public in iiId for tIUI State of Washil1OJ- too, dilly ~sioAed and SIIOrD, par-..lly ~ed R. laIell Mlgoon il!Id IIorDtI\t l. Osbo,.. to IDe kDawIl to be the Vice Pratll4ent 8Ad AssIstant secretary, respeetiftly, of c..erco. inc. the corporation that executed the foregoin'1 in .. t.rumeI1t, &lId aclalowledg9d the said 1nstr.-nt to be the free and ""lunt..ry . act and deed of said carporatiol>, for the UM" and purposes therein _tiOl>ed. and 01\ oath stated that authorized to .......... te the said instraaent .... d that the 5·,,1 affixed (if any) is the corporate seal of said c:orporatioft. Witftess lIlY bI1IId .... d official seal hereto a(fixe<! the 'Iay and ... <' .... ~ .;' ... year above written. :.:",: ": .. \\;,~:>:~ .. ", .-'~" !. ;'" :·D~..11J':· ',',""~ State .. '. . ~ ~ -:. ; . • I ... 2't : ~ i ~ ': .. .,~ , ......... : ..... " :~,,"'J: .... ;,,/ ...... .:" . . ... ~ ',." :;':. .- : .. " ......... ,-" .' '., t,~- ~~.;- .: , I , , I i f I I . ... • , \ I , . . "~ .. ~:; ---... -.. _ .. :.~ '" . ~".,~ ~- • .. .. . , . -~ •• :j -""CIC'25.aso . . .-.: .. ":...: , : .~ , .. -~---; , .~ i .. . . -. ;:;. .' I .." o N ---------- 11'8 I 13," '11 B.H.!H!!! RE~OED Ie R[C8AtS THIS INSTRIIIEIIT ... de this 18 day of NOftaber by Inc! betwen 1I1e ... l B. ....tl'O IIId. __ J.oa_II;;...;;Ka8t=;.;l'O;;.;;;... ______ ......;; ___________________ ~IM~ ___________________ ; ___________________________ ~lIId, ______________________ .; __________________________ ~lIId. ___________________ .; here111lfttr caned "Grantor(s).· and the CITY OF RENTON. a Ilmicipal Corporation of King County. Wash1ngton. hereinafter called "Grantee.· o WITNESSETH: o i= • <0 ....... • E; :.: That s.idGrantor(s), for lind in consideration of the s. of $ r.':"-==."".==....."=,."....,,.,.,~paid by Grant .. , and other valuable COI\·=s,..tae=r."'t"'ton""""."""a""o bY tliiiSe presents, grant. birg&in. sell, convey, Ind. warrl!lt unto the said Grantee • 1ts successors and assigns. an eUetlellt for public utf1itfes (Including .ter and s_r) with necessl..,. lppurtenancn oyer. through. across and upon the following described property 1n K1ng County, Washington. IIIOre particularly described as follows: 'fbe BUt 1S feet AM the Ifeat· )0 feet ofl that portton or the South 660 teet of the 'orthlfHt t ot;the South weat t of 8801:1011 8. 'rOIIUhlp Z, itorth, BaIIp S BUt, W.II. 1:_ COant:r. IfuhlDstoa.. lIIllo11 11e. lorth of the lorth Une of lorth 6th st. aD! betweell the oent8l' 11M of Pell;r Ay" • .m IIa1D at. (low Vella St. lorth) )IZ'041Ioed Worth EXcaPr the lIerth 6S.5 teet of the But 15 .m the ".at )0. . .. ,8 I 0Ii '" '11 UC8ltlED Ie WlRIS co;:1 Together w1 th I tl!lllPOrlry constructfon eas_t described as: - .. /,=:':'j' Slid te.porlry construction eas_t shall r_ln In force during construc- "'-', tion IIId until such time IS the utilities an" appurtenlllC8$ have been accepted ., .. :1 for the operation .nd .. Inten.nee by the Gr.nt .. but not liter than ________ _ -;:~l ,·~j·1 _::C:mli: ~~~~.~ _._._:~.A _:1Jj;l TItl .,.="i 1% EXCISE T;'X NOT REQUIREO ~.:" .. i"'~ ..... • r'" ~j!~ ... ..,. k\', .. ~;I .... ",WISIon ByI}-.. ~" ... [;.~u~ :.·11 . ·;;;:t.~. >J;:ii;''';iI:ill~Oliiilm_liiiii.:iliiiai1il'J __ ~:6;;;rQ~~!!''''~·· ii;:' ~~~~~~~~!~'~~_~,~_~_~~~~;;;:;~~ \ ... --------.-----.. -----. -. _._----------- said heretofore ll!lltianed grllltee .. its successors or assigns. sMll hl¥. the rI-.t. wtUlout prior IOtice or proceeding at law. at sudl ti_ as ., be _ry to entllr I4ICIII sal d above described praperty for the PUI1*e of Clll$truct- ing • .nlltaining. nptirlng •• ltarlng or reCGIStrvct1ng Slid roadwu and utilities. or lilting illY _ctt_ aarwlth. wtthotlt incurring., legal obligations or It.t11t;y therefore. pl'OYlded. that sa QllllStructlon, .intaining. repairing. i altering Dr reCIIIStruction of said roadwq and utilities 511.11 be l!=CIIIPlished fn sa • _r that the priv.tII ilPl'OWeIaIIts existing in aa rlght(s)-of-way shall not be dhturbed or diIIlged. _ wtll be replaced in IS good a CGIId1t1on IS the)' llere i_dlately before aa property was entllred upon by the Grantee. -= TIle Grantor sMll full}' 111.1 and enjoy the afo\'8descrlbed PMSIS, including ~ the ri-,t to retain the ri~t·to _ the surface of said rI-.t-of-way if such use • -does not interfere with instal1&tiCli and .llItenance of aa l'Oa.-ay or utilities. "-ver. the grantor shall .not erect buildings or structures over. lllder or acrass the rI-.t-of-way during the existence of such 1'0"-1)' and ut11fties_ This easelnent. shall be a ~1JIt rlllning wtth the land and shall be bind- ing on the Grantor. liis successors. he1·rs and assigns. Grantors covenant· that they .... the lawful CMHIrs of the above properties and that thay have I good and lawful ri-.t to I.cute thf s 19TH_t. iM£"e-CC?~ ~-.4--!--~d ____ ~~~e~rrtdm~I~Zk~.~;z;:~~, ________ __ ______________________ ~and ________________________ __ ______ ~ ______________ ~and __ ~ __________________ ___ ____ ~ .. ~.--~------------~and------------------------- j I ! . I I , '''--, : J • . '.~ -==1 .-.. _- ·';;;'1 .'-"'.' ·---__ , ... ,_,.w __ ......... , __ ._ . , " " " ,",'. , " '. II ," •• ," I.· . , .-",- \ j i I / t I I I ,. ':~ :3 ~ .... 0 , I '" '" I ,-. ..... c> i -"~ I <- I " ... i .. 0 .. I ~ I ,... .... b ~ , --_._---- CITY OF RENTOII, WAlIIlJIIGTON ORIlINANCB "0. ~ -, A!f OIllllNAliCE OF THE ClI"Y OF RENTON, W-.lllllNGTON, YACATIIIG A POIl'l1ON or CAUFORNIA A VB. IV Ac+79/ "OIlG) WUIlRBAlI I proper petltloa for .. eating I portion of California A .. ~ Renton, Kine ~, """*"""" ... dulJ flied with L'" CIt)' Clerk on or aboUt r-.y I, It'19, aDd said petltlon IInII1I -. signed by 0 ....... "'" _.tlle more __ of tile property ~ __ street ....... 110 be .... 1edJ aDd lfHllRBAlI tile CIt)' Couaeil by _ 110. 2147 ~ and ~ on 'eIIruoI'y 26, 1979, aDd aft« "'" fDveatfptl .... did rr< and determine tile HUa doy of ........ 1978, .t tile '-of .... P.II. In tile CIt)' CouneII CMmben of the CIt)' of Read.., to be tile time _ pIMe for • puIlIIc ......... u...eon, aDd tile Cit)' CIerI< ........ sma dooo _ of _ hMrIiC In tile ........ pI'O'fIded by loW, aDd lOkI ......... ........ been __ to April " 197 •• April IS, 19'/9 and liar 11, 197', 0IId all __ ... ..,. _ .-In' inc In f_ or m q>pClOItion tbeHtoJ ODd 1fIIBIIEAII !be ~ of _lie ,,_ and the PIoDnInr ~ of tile CIt)' of __ ....... doIJ _001 lOkI petltloa fir ooId .... tIcn, ............ foOlld __ to be Iaa !be pile _ aDd for the pu. -.at, and DO .,. CO' domop to __ or ~. wm reoul! from aueh .... tioDo; IIOW THIlRBl'Olll!, THB CITY COOllon. OF THE crt'Y OF RBIITOII, "ASIIlIIGTOII. DO OBDAIII AS FOLLOWS. SBC'I1OlI h '!'be folio .... deoerIbed portion of street, I_I, see Elbibtt -At! attaebed bereto and made a part hereOf .. if fuDy set fOl'Ua __ BE AIID THE 8AIII IS REIDT VACATED SUBJECT to ....... m.nl .............. __ aDd on on of tile af_ property In f •• or of the Cit)' for utlBt)' aDd related pUrpOMi., per Ipibit "S! attached. SI!C11OK 110 '!'be City CooneR hoHby alee!> 10 "'-• reo of $18,512.50 to p~ said ... _ not --.. onMIoIt of IIIe C/ty'I ~ of the rigIIl...,f-way Inlerest herein .... ted, aDd lOCh ehorfe belnl r_. and proper. SZenON IIh ThIs 0rdInene. oheU be effective upon Its _e, .ppro .. l -. '.-" ~. t I I I , , I I I I i I , _ be flied wltII tile 0fIIee of _ I11III ~ KiIII ~. ODII • 011 ...... __ br law. PA8IID B'f TBI ern COOcu. tIIII ,.4 dIJ of July • 111 •• APPIIOVI!D B'f TBI KATOIl tIIII 2.4 dIJ 01 ·.r.ly ,:P7 •• "-"'" • to lara. ~.~~Mj _~~ JUly" 1919 . ,"., ;., ... , ..... . ',,' .. , .. -.- '\ ') .. } •. 'l.- . . EDltBl! "A" v •• 4-19 ( ....... 5/'4/19) Ordinance No. 3327 .- • '111M' IOftIOII OP 'DIll 8CIU'nI BALI" OP !lIB .U !'OUT b ........... RIGft-OP..wu IdDICADII AS CMoII'ODIA AVllllUI (ALSO .... AS SBV=& & .... , ..... a Av.n lIOIft UD ~ S'l'&Sft _I. __ _ ACIlBIIGI. ACCOIIDIIIG 10 tID _'1' ...... _'D WLUIIII 12 or PLUS • • MIII 31, iICO .. IJ'>OP· lUll COOJI'l'!: •. -l!IG1OII. IIfIIIG' IWI'l' OP !III! 101ft. __ OP lUll PLA'r ,.. IIfIIIG 1IB8'1' OP tID __ D OP ___ (ALSO _ .. AII GAllDIB ~·_l 1ICCDDIIMJ·,'II!_IWDl'LA'l',.-,·· ~ SUJl.J&'l' to A '10_ . --#p;,.A"~ PJ.:~,' ORO. UD lICNI8S !III! _U·,..., f1FSAID IIOU'l'II !WI __ • SAID _. ..DIll c:o.nGIICUS lIl'ftI AID liI *CCOIDNICI IIDII .. __ ,.. IWD BlllfNiB PIP8I'.lD' ""'i"'." REOIIDID us __ ~·S rna.,. 58191'5 Dl'ftD DBC",: lIBII •• 1164. UI:IlIIIIt OP KIIIG ~. _DIG1OIi. . . COIIftI.DIII 8 .410 iavARB lBft OR 0.193 JoCIIB8. ~ OR LBSS t · ... ...... I :.J :. i i I 10 j~ i I I I l --._-----.-"---------"- ------.--; .. '. EXHIBIT 8 V~ 4-19 (Revl.ed 5-24-79\ Qrdibance Mo. 3327 Aft ....... t for utility purpos •• over t/IOt porti ... of die _tb __ IIOlf of tile 60 ft. street r1g11t-of-woy _ "' N. 7th St ... de<l1C1ted within till pllt of ..... tGII Fin Acreage IcconIIng to tile pla\ NCO. did In Vol_ 12. po .. '7 reconIs of KIll!! CooIoty 111 .. 1119'" 1,t .. _\ of tile .est "l'9ln of Go_ A ...... N. e._; .... 111119 H$\ of tilt west boundary of slid plot. • • ".-; ... ./ . ILHlIor IMcord it I\eaud vi .... i '''II OJ hE Qi' dW \ :~ •• ~' -~: . .. --"."' ..•. ~----------~. . <.~ ... : < ~ .' '. ~ ... . 'r u,SnU\l h." anJ.11 ':~lJl~.,j~·I.IH"1l ,II On..' Il\lll~r 15.1 U(I).HI,.! ,,!h~'r ~~lu..lr.lc ';"n~ld~l,.ItI.'a. tnt· 11 ... ·C!Pll.: .... hh:h l~ hcrd .. ~ ~d;n<o~I~. CITY OF REN'l'OH. A MUNICIPAL---'c_CccO"RPO~:.:.RA,,'1'_I_ON_. ______ _ l""Gralllcr~ ~cinj.. li(rc~ vnnrt"lo .. CPfl\~lo altd .. arrant\. 10 'rt (;r I SOl '~J) rt)\\ "K \: I l(iHT CU"IP.\\ Y. :t ~·~OOC(~,lo1It'llf"t'r .. nln:"~ IM.'R'IIH.I« 1ti,;..ptJTfkI:>(~ rn."Tclndltl"r :....\ h»'lh,;: f'C.·1 pctuillra'oCmo::m t~'""'" "'~'TI"'" "nd UladertkfoUowint:~ ~-aJpiup.:n~ t'...ht':'ht'rcit~ -b(rt;.i.nlin: KrNG {'ounIY. w"~lt¥-ton: . .A.portion. of the SOuthWest 1/4 of s.e·ctiop. Ji. 'l'ownship 23.North, Range· 5 .E~t ... W~M.: situated in the Cit;y of Renton, wastinqton • 1110.., patticul~ly liescrlbed as follOWS": Be<Jinnin<J at apoiitt· on the west·-ma..rgin of Park s~eet in the city of ~ton. 60' north .of· the· ~~_~~),:~ti':~~i=,~~~t~~~~·... ".' Ceriterlme of ·6tb'·Ave.N. 257 'feet more or lesS" to its brterseci:.i.on with the Centerline of .Pelly Street. extended.···north; thence south a1.Qng said Centerline extensi.oIl: to a point 30 feet north·· of the centerline of 6th Ave ... 'N.; . thence east and parallel'-to the center of 6th Avenue N; 257 feet.more or less to the point of be~inning, less th~ south I1J5.0 -feet. of the east 1('7.5 feet. E1\~ :.t .. may l>e otherwise set forth h<:rtin Granttt\ Ji~~h ~han ~ ';-'1cr';-l~ up."ol"i Ih~1 pl1rt~\ln llt th( Propo:n~ (tlk~ MRighl"\lr"W.1~ ~ ho:-ro:-inllk,~·ri!l..-d ;I~ 1t.1I\>"~ A Ri!!hl-<lf'''a:.-10 I~\'[ iiI "" . .!.. h;!";;:!, ____ 5 ___ le;1 <11 ':.1..:11 ",d,h nn ... 3\·h ~iJ..: ,It OJ: l·t:"mL"Thn~· dl~ ... nho.."(j a~ Illll,~U-~: The centerline of Grante~'s facilities as constructed or to be consttuctec. extended or relocated lying within the south 40 feet of the west 150 feet of the north 150 feet of the above described Property • .. '-:'.\".' '-; ~;!~.~(:'~~Ij ·03H.l..·a I • I. Pw-,oM. Gr;tnt~~ shaLl huc the rlghl tocon~tru""l. Ilfwr31~. mainlair.. r~plli(. repla~c and ~,,:ar~ one or mort drXuic transmission and or distribulion line:. O\U <Ina. ~>r ur,d.:r lht: Righl--of.Wa~ l()gCll;er wilh aU tl(CI!»ary or cOn\~n~n! appurt~1KO thereto. _hich ntiI)" inchkf/;" 13\11 ;ir~ nN lim·l1.:d to the roll(nling; .... On' .... faciities. Paid and or 10\11,''::'''' \I.-lIh cro~sarm~. brae...,;. !!!uy~ and an.:hor~: electric Iran~i,,.inn and distribullou fi~; rornmunicalion and signallim-s: Iran!i.formt:r~. b. U ... p ..... fiIdIIia. Und~g.rotll1d ronduih. c:abl~. \3ults. manhoks. s~ilches and lr.tnsforntcl"5: ~mi· buried or p-ound lIIOUIlIaI radlit~-sUC"b as pads, uanllof()nt1er~ .iI~d SWI;£hc:.. Follcn;ing the in~tJlcolblruc[iun 01 it~ facililto. Grantee rna) from Ii.mc-Io li.nKcOll5lruc1 !j;uc;:hadditionallifl~a.nd :Ol~ facililJa u iI ma}' rt-quitt. 2. Aecn5.Granl« .. 1f have the right of "«So to the Righ('Gf;Wa~' over.and across the Proputy toma-bleCrantcC to ~x.:rci~ its rights ~under. pro~·idl!d. that Granlu shall wrnP<'n~(o: G:lnl0r for an} damage t(Jth.: Propert~· caused b) the: e.«f"ti~ of !13K! riPIl of aa:a;!i. l C .... IilfTwa.Granleesball ha\C the-righiiocul nr Irim an~' ar.J all brush orlre-e§slandio@:Oflr.:nling:lIpon tbe llietll~-'Way. and abo lhe right 10 cut or'trim an"!o'1Tec, urnn lhr PfO~rty "'o\hich. in raml'l~ ':OlM. in GJ3n\tt') rca:o;onabk:j~ bea ~ to ~ra.dtee-'$ f~lit.ics 4. _-c:..."'1lR ~ . ...,.W", GrantOr reserves'lhc:: ri~hl to usc Ihe Riehl~"'Wal (of .any ~ '* iTIConsisIcnI: WiIIi!ht"ripts htRin panted. prD\'!dcd. tha~ Grantor shall not com-true'! (It" maintain an~' blliJ4ing Of .Ofh.cr strtlChlrc 011 tlie-itight:ot-W..,. and GranlQr shall do no bJ.a~ting ,,-ilhin 300 retr of Gramt:e's facilMics" ilhoUi (jranltt~5 prim v.Tittc-n COASffrt .. s, ~. By ac:cq;tm,and recording dW, ~m~~l. Gr<llll<:e agrees 1(1. indemnify and hold barmlnsGr.urtor from any and in c::1:!i.;'nn. ror lnjuries :IIod or dal1J.!tgcs ~uffered b} ~l .'-person which ma!,' b.: ca~d ~. Ih~ (;r.lntee's e"erOse of;lht r~ I!erriD,gr.lAled~ pr(l"'.j~. dial Granlee shall nN bt.. responsible III GrallloJ for an!' injur~ and '-or ; ;Ca .~~~.;.~~~,~~.~;~9f o!b~.o( Grantor. . ." d-.-. ttd} .'" j·liItrightshbeoin gr3nled shall continUe" umil ~llch Iimc-3S Gr.tntet ,::'e8:.t"S lOuse Ihe RiJht-Of·W~y . "_~~~~"'.wbi.th~e-nl.lhi~ca!ioCm~m ~halll{,Tmmalc::andallri'bU_~~.~~Ii?· . ~: P '·.:~:.· .. rtei:t~"l{a~F~ l.~(j~_rh:wll·btdttmtd \0 none oquntd tJy reason of{i"tlll'Mt,"~ ~oiMt~ . . imolaIito" ~ 011 .... .p:-ot-W";ry wilbin.an.,--reiD<! of lime from lhl' dale hct"eflf. . a·15i8 ,.,. UI ." j9 31 . ,,,"c..,,,V,-.5J "'"'" ""-, !'.:- .-.. , '. ... ,. -',. ,-. '-. :'r'-~)';'~": , , f ,:: . ! t ! at": ' ~" , ~ ~ o ;0 -:-'U(l:t-.SuI" IPd .""!II.....,.. 1 hI.' rl!.!ht~ and .. t"li1!!.!III'''-.• '! I".~r-ll;!'" ... ;I,ir.muu, 1 .. 11:.\· h,.:u,·Il: '·' .. nlll'l.. r>tndHlg uPt'n (heir 1I,,",' .. 11~C ... " ..... \"\ .......... 1f"'I :;I~Ilt ;.t"Ig ..... ./;. D.A,TEDthb _ r-o"1Ll.' ~'_d;A,\ 01 ~ ___ -,-" .. ,,,,~,.::/,,,' ,.' __ ...:... _________ I~ . CO I -; J.l..L-- , ~A 1£ ~ 'lIAS11IIiOTON ) SS, COU,,"I'I 01' , , On this day ~~~. app.:ared ~iu~-rnt 'G&A~TOR ern-OF RE!mlN :: . .. ... -. to mc-l.lIIinu co br Ih(" indi\idllal __ dacribc-d in and "hI.'> ("~("("ul~ the .. uhi .. a.nd f(Jr("gt,ing .tlSUUntml. and ac::kno.·kqtd that ____ ig~d th.;-· ..... rnca .. _, __ rfO:("and \~luntO\~· __ osndd¢ed far th..; !':~",nd purrc~ liJ(rein trlCfttiont:-d. (:'. '·tli1lkr:TI\ ···'\d",ndolJit:IJlI'<-lllthi .. ___ dJl~ .. ' _________ _ ,1. __ - sTATE 01-" WASHI:'o.GTO' I SS On this d··· ptrwnallyappeared btfore m.: :\dlal)· Publii: in ·,net lo)r the Stalle o.f W,1. ... lIn~l)n_ t ....... idin!-31 , ... me-known 10 be tlle indh Mluat __ dnnibtd iO.vad -.,·bo c,,"ccuU"d IbI!-wi'hin and foregoin~ instlUmC"nt_ and ac:kltO'Aif:dFd thai ___ ~igncd the'.1M ~ ___ 'rtt and ,·oluntary aI!1 and deed for the-ust5 and ru~ thtrtio mentioned. GI \.[!' dllde' nl~ hAd and orficial )Cal thi!-___ da~· r.r _____________ • lq ___ _ STATE Of \\"ASHJSGTO:'\ I SS COl"STV OF RING ~utiilry PII:b1.ic in iilnd (0' lbe-Slate of W"shi.ttgtoo.. fe$idio! 81 COR.PORATE ~("K.~OWL£OGMEXT Notal)' Public in and for tJi State of ~"oP~'·· rcsidill!;lt Re Degn i:iED FeR RECORD AT REQU[ST Of _ ...... _--. " ) n -' .. -".:'.'. ,-, ,:... ..~ .----~~ ORIGINAL PUSET POWER EAS£MJ::~T fOR :":.OUU.i<Ot. ~;U LU.C TRIr: SYSTl-.~, J Fo'! lind .n crJr,s .. der ... ~.lor;.orl (,If Croe ~, ... iM tSl.')!I) .. r.d c.tr.~r ~lJ'i I :.~ cOn!uderation, U.!:! :ece r;t. u! wt";jc.tt iJ,. hfrt(!h'l aciotowle.1 ru·d, tb ~ II 211<!' 'e4 ... 1.t:.K. H.I )'IOJjC"t a~ /':.is separ~te est.atE:, ,. (T"'.DnI.~· N~ .... 4 ..... ;"f:r"h!I')(: l'Ipr,,:n:. ~an:l. ''lnl'''~'~ ~:1rj \'dm(!'I!~ II, Pi'r;r;'! :¥jl !'-oIl P(J~\·t.K'" l.I(.If: cr,~W.\:~" ""';'lfJID:(t~ fWlr~lII.n t"Lr~nIP" ll"I"IU'. i". I;'" ''' .. ' ...... :. !, : ..•. f, •• ,,' r .'!, .' .... '''''::,;: '_.)I'ro.I·~ll "Hl.,~ ,II," ~~ ,.rld 'I\"'r r!1 .. ",' !o .... io)/ rl"JCf:)"'!'\ r/'lJ! prof'l"fI~ 11)'11' 'PerIJI/·r:-. n,-r":1l .Kin; r .I::.m.l~ \\"I~h:!lilr';r. tct 2. Bloc:': 4, Renton farm AC'z:eagu Addition, Glccording to plat rt:corded in Volume 12 of Plats, page 37, in Kin'1 Cc:unty, wasn.ing't.on. L.>cated 1n th~ Scut:-lwe3t {;uartc!' (.If :=;cctior. af Township 23 ~oJ:th, Range 5 East, W. M. By Ex~l!!r,1 a~ rnil~ hI" qlhl'rAl": ".t fnrl!: !':~ r,,,r: Gr.lt;~.'1l '~bltu, IhJiJ hI' ."u'rr.i'I·d upun dUd pnrUttr. or Ihr' PrCpf:'fl~ Ilhe "Fn,u-:, of Way" herein, dut:flbPd .. ~ ~r.ltr....n: ~~,:"=-_~-":.::'",,::-:.,,:,-::~f:MTrmdltl'tr.ml'lr-.:=-_,,:,-__ ,:,,, ':"''":::='. ":''f'I!m1t~<t!T~-menm 1!;rt'\'I'1I!!,d1 ~~'M'-- okJ I" WINd "..ffIiII\tw!'- Ec\!!emer-t So. 1: Ease."t'Ient No.2: :'~e East 5 !e~t 0: the So\.lth 50 teet. 'I"r.e West. 5 feet of the East 10 !eet 0: the South 10 :eet. . ,: ~ .. >34."10/26 REeD F CPSHSL 106~2 0 4.01) ...... • .. ~.oo 55 1, ~ Cra:'lIr4~ !r.;r~I:'.:"'''' !!'" ~:,!It,; !I") ,:"n,Jr~c:. f)p"r~:", 1r..1::,I";,, :"pol,r, :olF:'t~.uui er.:Ji.i"~ or. 'Jnce~DU:lotl f!!ectrlf. !TrIlUlmlU!on and 'or rlisl~lbUhll!l •.• SI~;TI ;Ipt..n d:"~ !,IrlGet :!;.' X:¢::",!·\'l'·':-'OfI'!ll':~r \\ilh 01;1 ~t';::"'5W~~ .;r c.:mwru .. n: ",po pW'Cl.lnancn Iheff'fct ..... rJt.~ no.d:> !r.CI:.':C~ 'oJl:I .. re n~1 hml;.:d:o ::\~ :'~'!:U\':::Il. ur.d~rJEl'Il't:r.d cvtd'Jits. cabl..,. t:Om~'Hucal'!on u:'ln: VlllttJ, :nar.holu, '''''1.!r.hl!s ltl(' Irall5fo:men; arad krr.l,b;JIi:C or ,ar:)unJ mm:nled faciUtlu. FDlklll.'irijl:h1P imll.d CO~ ,tn:ction of lIS hr;;J::I~', r:r,::;;If',o :na~' tro'1", :::nl' hJ :ime :or.s:n.:C: \~C~. "Jti::k'!l.oI1 raclllr!ps.~:~ rr.a) requite. :L ~. Crant~e ~haJl ha",~ :I:o! r;!':-:'! d acCf'SI !olh" Rijlht.nf· .. \·l.yo ..... r ,md acrog the PreperfY 10 enabhtGr"'le .. !j')otut. ci:wr its rilithL. !1t"P l'Ul1riflr. pM\~~~d. :ha! r:rJ.~:"f' 5hal! corr:~.ul~ ('.~a~:or!or ar.rdalNllite Ie :h~ Propr:-r:y.;aused b:' th~t'X~r. cilP. of .aId !'ittnt tlf accP~ s. Obltrurr:Ham: l.aadv..&~ G ... r:t.et! rna!, rrom !:rnl':o Ii::\>! fumO\"il tt"'~s, bushes, or t'lheor ;;I~lrllcr.iona ..... ilhin the RIJthI. of·Wa~' and rri~· ;~v1!1 a::ld ,lfade !b Rl~h!-cf.\\"ay :0 \he! exloen: rl!uorwbl} 11«f'M.<'.l}' to car:,. :lui thi!' pUrJIOSft set forth In (llra,raph 1 tlerl!ol proviDed. tnal followinp: al1~ ,udt v.orlc. Gfa1'l1~ ahall. Ie In. nletU ,euorlAlbly practlr.aDle. rakft 1M RilJht-cf.\\'a} :Q the (o:u:iition iJ was immedi.lel~ prior 10 such ",·ori.;:, FoIIO¥.in, tlJI!' ins=alladon of Cranlee·. unci~d faalilin. Gtlnlo:)r may undertake .any eroinar;.-imp'o'·l"lr.I.'nlt tt) the lendscapifljl of thl' R!8ht--of.Way. provided thai no tr," or other pl.r.111s .,h,lII] be pl.~ i?I'!reon which wOwkl be unreasonably expens1\-e lor lmpractaeal for Crantee tQ renwi., olr:d f't'IIort'. "" GnaIGr', u .. or Rlabt-ct·W.y. Grantor reteC".-es :he fl,J:h! !u \ISO' In .. RI,u-.t-O/,W#.f for any j)W'JIIlM nt)\ Inccnsislt!'ftl Wllh ,b, riPft. ben:iR vanttd: pn:n.1oed: lhal Crlln.tor thall l'1ot cunstrUJ;; IN' tl'o4Iin'.)in ~n.J! buUding or OIh.er 11nIC!ure:,n the RII!hI. of.Way which would interfere with lhe eJl'l!rciae or the nptll MtP.H'ljlI",n:e-e: Ib,l no dJglfIJ. nanneUna or otbtt form of (:(1[1. Jrructlor. acth1t)' wn be done on thi!' Properly which wouJd d".!:I!J~h mit comptcUon or u'"\tlfth Crant.,,·, r"dUh=-or.: :he IUpt-of.Way. or endaneet thl' :.11. rill suppo:'l tcJ :s6Id r .. alia",; .nd Ihitl M blastin,:tht.l1!11l' dot.l! witldn 1S f""ltt of the-Rist'll-of. WaY', .. ____ , By IQ::IIP~ ltId recardins tbiI nM:DCGt. Gra ... ...,... co 'ndennify and hold ~ GnnIor I::'('IID any .... oIIdaimtl ... brj_...v,,_ .. I • ..dby "" ....... whidI ... ybo ........ by IIwGrut .. · ........ oIlbo .... btnID JI'UI&Id: pnPridecL ~I GtaDteoe dWJ not be NIpOIIIlbJe 10 G:uuur for IUY injuriet .Ddlor dam .... 10 ury ptrIOft ...s 'bot .. or caiIIIaIIJ of GratltDr. . .. IJ!' : Tha f'i8I1ta herein puled sha!J continue untillUcb I\me u Grantft! CIUIt to UN lbe JUatrt..ol·W.,. for • paIGd 01 five IS) ~ rem. in which evoRl!bit ...... , ahaIlltmlinate _ all n,htlha.ond.r _11 ~ lOGno- w, pnMd8d. _I no .bS'*n ........ t tball be Jeemed to hive 0CCW1'fId b)' I'QIOJI 01 Cramer'. r.ilutt to Initially laItaU ItI fdllll COG Ihe Ri8hHI.w.y wtlhirl Iny period of tiJH from !he d.!e ~. " a.-o. ... ~ ~ n,htl ud C1biiptlon& c.f the ~"1IhalI Inure fa !he benefit of &lid be bindlna upon lhIir ~ III~ ana..".. R-2019 J(J-38 AI.S) FOR RECORD AT REQUEST OF: B 316 914 1'IICIEf fIOWIII __ ISfAlI DM.atI -" ,.~ I'UGIT POWEll IIUJG. ~~~~~~~~~~~~==::=:~::~::::::::~::::~~;~;;;;;;w~ ~ ~~~ ... . ... .......,.--.---~.--... -- - i' • j .-...... _ ... __ . __ . __ ........ - .• ~.~~:~~.;~ ". --. --:.:fx·":f:' ' :::-::-.,,:.~,,:~, .~~:~ . .!~ STATEOFWASHI~G'm~ I Sol COL~~or I ' • .1 "" L I • '. " ~ , .r 'I . ,9 •. _.' .. _ .. " On Ihis da) ~r~,al!~ app~:lrl!t'1 Mf"r" m". __ . _______ . __ . _ .. __ . _. ___ _ _ .• ___ _ 10 m·· ;"ndwn III bt!o :hc: l~d·\:li::.i ,:t'"fI.r.:,,'i~ Ir. lind ",h(' CM:c..::eG. ~ht: \\.:!':,:} d:'1c' r:..:.:gUlI'qii i~;r.:rr.t"n:. and clcinewl~ thai ____ I1II.:nf'd I~ ",.rnt" ~·s . rnot' and volutuar~' IC! IlnCI C:.ed !1Ir t~e \JSe~ .. r.d pu~ IMrei:1 mentio' -d. _ day o! .1; _ r:ol;Uy P'oJbhc 1n and lor 'h~ Sla!! DC Wllhlnrton. f*"sidlDg al ___ . _ _._ . _ •. _ • __ _ STATE OF Yi.~SHi~CTO" COl~'T'''OF On thd dI~' penttnilly .prnrt'rl h..,rcrfl':'n1P _. __ ... _ •. ________ _ to tM knO\\~ " be! Ih .. L".di\"id .. .a! • ~~J..",c !r· a::d wh~ e:er;uted lb ..... tdu:". l:'Jd fcr~l~ Int:rument. and iJcknowl«Jpd !hat .. _ . _ ttJn.ed :hoo 4.ltr.~ as .. _ _ _ f: • and ",·ciu.,tary ict Lou:! dllHtd fer lJo,,,, t:kJ and pu~s lht!~ein mllmticned, CJ\'E.\; u~t rr.) ha!lCl U'I(I cffll:~1i "...: !!lIS ____ cay (If __ . __ ._ .1'01_. Sotiry P~Uc to" :.nd !or Ihl' Sta:~ ~ \\'Ubift.\.1On. rlSldl", 01 ______________ _ STATE OF WASHJ:I;CTO:<; 55 0" dUo __ day 01 • 18 __ . befm .... tho 1IIIdoroIped. penonaIIy aFJlOlOfOCl --------------.------------.~-::::==::::::==::::::~~;;~~ to me _ .. be tho and • ,_d.oIy. 01 ;aaoI;d;~J;;;'W;i;IodeocI.~tho;IIlcI;;i_;_~;;;;;; .. :bbe~·-IIIe~-~ .. IrH~·:·~··';and;t;vo~ll1l111;;;;;;ry;-; ... ;;m1;U~;_.::;.::..--:::.'==...: _dOl I ........ , ••• U... IU1I>ortJId III _lillie IIid __ ....... till -.I elfl-..l1I tho _" MOl 0I1Iid CIIIpOIIlIon. _ my boacI "'" oIIIdoI MOl Iwnto IIIboecI tho day ond ,.., ftnI ...... WI\norL .' i ~. t. • .. -:fJ -=-=",""-• ~.,-.­ ~~--",'--~. -t", II,Nti fXCISr lAX PAID MARU I98S TIIAI>DAS L. ALSTON L. ":.': CIO ALSTON, COURTNACE • MACAULAY 5UI'l'£ 3450 -PlRS'I' INTERST.,'E CENTER 999 THIRD AVENUE. ~ 'f1~ .• ~ PE(r· F (n~·H-:L + Hf4.'50 SEATTLE, WASHINGTON 98104 stATUTORY WARRANTY PESD The Grantor, GARY M. RIFFLE ~HD LINDA R. RIVrLE, husband and wife, for and In consideratloll of TEN DOLLARS (110.00) lind other good and valuable conSideration, receipt Q[ yhtcb is heteby eCknowledqed, hereby convey~ and watIanla to.K'S PROPERTIES, II 801e proprh:·torahfp of EDGENE HORBACH, Grantee, the real property located in ~lng Co~nty, WAshington which is described as follows (-Property·), subject only to the matters specified below! DAnD: That portion of the Northwest quarter of the Southwest qUarter of Section 8, Town- ship 23 North, Range 5 East, W.~., 1n Xing County, Washinqton, which is described as followSf Beginning at the i~tersection of the Hest line of Park Street with the North line of Sl~th Aven~a NorthJ thence North a1on9 eaid West line 185 feetJ thence West 107.5 feet, thence south 1$5 feet, thence ~a8t 107.5 feet to the point of beq1nningr except t)-.at portion conveyed to the City of Renton by deed recorded under KJng County Recordih9 No. 7206090H8. SOBJtcr ON~Y TOI (a) a reservation of all oil, 9a~ and otber mineral r1~ht8 in and under the Prop.rty, t0gether with an exclusive right to UBe eUQb pOltion of the Property lyln9 more than 500 feet below the surface of the Property for the eltlactton of oil, gas and minerals ftom the Property or fto~ properties In the vicinity of the property, bowever, witb no rights of surface entry whatsoever I and (b) real estate taxes ana other public aS$es$ments becomin9 due prior to, on or after the date of this Deed, and (c) any matters arising through Grantee. MARCH 11-, 1985. p;.(D ~ -:--.• -( "., r.~:~ U"1 ,. m " c. ;;; c \ E ;.~. ~,,;,-. ~(C!! TZ " .: .. :~-t=" .-~-);--;. ~:-.l'Lo----­ /,:~T".--- ;-:.j~.~~,.--.. J .• '19":0;,,_ ·-··I,"--~~ .. ?.:.~~~:-:. ,''-.".;:''-~---- :'.~.-~ :_-~r!;,= ;~~; .' -' . - I·,: ~..:" .. t9!~:. :":".7> •••••• . '.'> _ ....... -.... .r. .. ~ ~-.i:>:=' 9'l'A'l'~ or ItA8HIIIG'I'ON COUNTY or KING ss On this ~ day of March, 1935, before me, a notary publlc in and for the State of Washington, peraonally appeared GARY ~. Rr'FLI and LIMD! R. RlPPte, hUlband Ind wife, to me known to be the inoiv1duill who executed the foregoing docu.,nt·, and al:knowledgec1 to III. that they executed the foregoih9 docu.ent aa thelr teee and .oluntary act and deed. / 1 ==~~~~~~~~~r~~~e~s~t.~t~e~Of . 1'G·t"". l r . l' .-, i ; . - .'.1II11R11 II!III--... 1£. --. '1'IIlS DSblDiIltIll. ~ this 6th day of Sapte-Mr". 1'85. by lUId betvaa. BQl PXopert1.. a SOle ProprJ..tonh!p ot ...... Borbo:.eh, ~ call_ ~III. and ~ c:tn OF 'ItBftOIr • • JIWl1':,al COqIoXatioD of KiDg COb.nty, WUhingtoD, hereinafter called ""C:nDtee-.. lIUIiBSSEIII. "!bat .. ld Grantor, tor and in consideratioa of t:he 8UJI 01' $1~OO paid by GJ=entee, and other valuable coasld.en.t~ "a, dow _ tIae8e pnaets, grot, barga,1n, sell, COIIYe7. ad varrut uto tile Mid GraDtee, ita en,cctm'Dr8 aid aSaiga8. an ... _ .... ~ tor pabllc utili"_ ,lDcluding vater __ I ldth r DUY eppurtaDCes over, t:b:oAgh, across aDd upc;ta tile follaodD; _ ~ in J<iQq COWIty. WUbiDgtoD, __ partiollladl' ~ os ro1l<>o1a: ~ =-% ,>. .. ., '"' ~- .!l '!be vest 20 feet of the fOllowl.1lCJ described parce1: '!be north '30 teet ~ the south 660 teet ot that port!. of tbe .. 1/4 or the SW 1/4 of Sect1aD a, 'l' 23 H, R 5 B, •••• , ill 1UDg' County, wilShi.ngtao." l,.iDg betveeD tbe c:eDterliDe of Pelly Ave. • and veIlS Ave • • (JlaiD st. II, as ptoc1uced lfortherly. Leaa that pxtl.OD deeded lor road. unaer A1ld.itor l s File '71081.90351. ~~ o~ :r ::.-- "" '" .:c w~~ -:z-i=c:C >'--' 01-= ./ ~.:;; ;;- .~~- r.- f • .. :) i ... .. ... .. .. I · . -GrIIDtor ~ ~I";-aDd ..,.,. -afor." .. cz1be4 ~. 1Dc:l tbI right. "tc Atala ua. ri," to __ avc_ or aa14 ,.1gII.t-of_ it ....,. __ DOt _ vit .. 1nataUatioD aDd _ -_ or _ 1ItUlt1_. Baesiu" tba GZ'aDbIE" .aaall DOt cect IlaU4inp or . ... -... _. _ or _ tile riglrt-of_y 0IIriD!J _ existence of _ utU1t1aa • 'I'b1s ea8 nt, 8I'&al.l be a QOYuant. Z"IIIUl!ng with ~ land aDd. &ball. be biDdirgo CD the Grantor, bU 1IUCIICL..on" :be1ra aDd ... 1_. Grabtora """"""'" _ they us the 1aVI!IIl. CIIIIIer1II of the ___ U. aDd _ they _ a 9aad aDd lavfll]. r1," to 0!lI8CI0te tb1s __ • £ill PROP:ar:tIIIS. a Sole ~of ",,-11_ ) } ss. ) ----------~----------------~~~ __ _J~-~ ) .j' , . "\ I .. _' .... For __ wts"s' ORIGINAL EASEMENT "' __ olo. DoIIIr (Sua) aDd odtcr vahaabk-coasiIknticIIL. 1M RUiJII oIwllida illcIn)' B , B PROPBM'IES. a BOle proprietor.bip' CJtD'Ir WES!'ERN FEDERAL SAVINGS BANR, .a benefie1ary of deed! of . v • SEE AftACIIEP 8X8IBI'l' • A· 1I!V1V16 RECD F CASHSL 10946 B 7.00 • _.00 F'~ c;) c.~ -:~=CORD AT REQUEST Of: r:';:.:.. :. ~;: ,_ C;:::-:.;H:.~un r.o. ~:'x ~ii;'::'; BELLEVUE. 'WASHINGTON 98009-9734 <C." • Wss N - Uap. •• , be ...... lEI fonIl bmia~\ rips shaI!!:Ie ~ ..... ponioa of_ Propc:nyUIE ...,...". ..... -_ .. - ......... ..., -k«iawillttlbio,q-----------rfutafJedt ..... adt-... ... uoail£ ................. 'l'be SOuth 'fen (lO} feet of the above described property. I ....... GtuIicc .. _. die,... 10 ~ Gp:RIC,. mainblia,. RP*-RpIui!" ~ Ode or DUft ckcIric -. _or ~ IIiIIa 8'IU aadllur a.IrJ tlIc ~w., ............ ....".« ~.... "dIaaQ. wIIida _,. iadIdt *-iIR lid Iimacd to tbd~ L ....... ___ P'*s_for..,..sftk~~.PJS ... adIen.,.dedrit.., * ..... ~1iIa;: • ige ...... iet uzmf..-...:n. .. .,... r ..... U ........ a.dIiD,.l2NI:s. nDJn. ~ ~ .. trans( -so ..... ...... ,. ..... ..-d r.iicis 1IIIdI ..... tralIIfOl'tlatBatId swiIdJa.. FoIoMIrtlkilirial b . olirs lKiIiIia. ~ Jnay rrom rime: ... u.t-COItItt'IId SId ~ iKI .... odtcr fMiiIicr, • ill: ., IaJIft. z.. .-.-.O"'-... t.w:*tiplciaa:calDthrRipl .... Waycw:rmlllCl'Oll_PrapatJtoeadkGt:uta-to aaciltt .... ____ ........... ~5WlCOGapnlSalCGtusorfor..,. ..... lOdiePrapenyC&l:fiCd..,.. ~ ....... eI-. l. c......n-.~ ... ~Ik .... toc-.Ofuimaay _all .... orCIIDllalldil!aor ........ * .... 01...,._._,. .. AtOl'.,...,_.,.*I"rup:ny .... ~fIIiBI.~iaGollllee\;~ ~k.""IOa...-,.fIIiIiIicL 4. ~_.,.........,.~ ...... dir ....... .c ........ w.,_.., .... _____ ..... ,...kRi. ............... ~ sW!.alaMShcI_ ...... ., ....... WIlOcr~ ... ......,."'-!a:,JO"" ..... _ ......... lIIO ... olGraMtts ........... w-:elprior ...... coa.a. :5. .......,..,.accqD.a .. ~ .... ~Gtu.eapalD......,._ ......... ca... ... ..,. ... ~,. ....... ! .. ~II6reI" U)'JItIIOIIwIIidI..,.lIea.d.,. __ GraMcc"laaa.GI* ,.....lIaa..--........... ar..e .... _ be ftSIOIIIibkro Gtut=:rfor ..,iiipria. ... / ...... toMJ .... a.tII.,_w ......... o.a.ot . ... " l_ .... fIcni. ....... ~ ... MdI.-.G-.:_ • .:*ap.of. •• ,. .......... fII_IS)......,.~ .. -...:.OC' ... ~ .. ~ ......... ~lIdrnm .. ~ ............ _ t , "'k"'*-dUJ!lfteomtrTl4"_oI~.Iii:IwI'lo"""'" .. kiIida ......... ..,..... ptrioIIoIa-fr_ .,*1Iad{ if-2163 ~.21 --Of28U3 235-28.11 ·p'·~·W 2. ---- ~ i: • H PI\OPEIITI£S a-n6l, 082123 ORIGINAL Tha~ portion of the Northwest quarter of the Southwest quarter of Section 8. 'Iownahip 23 Nortb. R6nge 5 Ea.st. N.H. r deacribed •• follow: Beg.1JmimJ at a point 60 feet North of the Northeast corner of lOt 13 in Block 10 of" Renton Fallll Plat, as per plat }:ecordeCI in VOlwoe 10 of Plats. on page 97. records. of ICing County; thence If()rtb. along the West Une of said. Part. Avenue produced. 185 feet.: tbeca West 101. S feet; thence South. 185 feet •. thence Ea.t 107.5 feet to the Point of Beginning: UCE'P't' that portion thereof as conveyed to the City of Renton for the v.ideiIiDg of 6th Avenue North by deed reeorded under Recording Bo. 720609-0448 I SitllClte in the City of Repton. COunty of :King, State of Washington ... . . .... ~ .. , ,-~.-~ .. -1_ .... s we .. ' ..... "=_ ... ". ___ .. _ .. __ .- ~ ~-..1111- --------._--- '. J ~ i l ORIGINAL EASEMENT Fat .... ia_ afOot _(SIJID)0' .............. _ ....... p' 0I_ .. 11eftby rtr '.... I" nOrmal t I W.abington 'Ale prnprietor.hip; PAII_ 11M "gIUES .• "abington goneral paun.rRhip. II hrnftffsS"ry of Ileed of 'J'ruat, MICIW!L R. MASTRO I as -Uearx of Deed of 'trUIIt ~ haaa). bInbr .... ~ aDd wunnu 10 PUGET SO\IND POWEP.. • UGHT COMPANY •• ~Gacorpca&illD~·bcrcia).ror1KpUlp05CS~lCIfodt..~ ....... 0Wt.ac:raa"'" __ Cblf~4cKrib&'dralPfGPWl1Ctbc·Propa1y"bcraa)iII !~ eo.,.. .. t' I'Dn° Tllat portio.. of the north 630 feet of tho eollth 660 teet of the 1IO~.t quarter C1f the Southwest qU&Rer of Se"Cion 8, 'J'OWnllllip 23 lIorth, 1W1ge 5 Bast, W.H •• in King County. _ingto.., wbicll lies between the northerly extension of the centerline. of 'elly Aven .. IIorth and Main Street, nOW liells Stnet Borthl BXCBP'I' the sallth 12 feet thereof. F!!F"1 E~:~ :1:CCf8Af2REQUEST Of: ~7 B -.' -, REa) F 8.00 : _ 'L • :. ": ~.:;:P;.ilTl.illlEHSL ...-a. 00 ~ ',; :'.:""~:';~" 55 6ELL~"'UE. WASHINGTON 9Il009-9134 ~ __ lie """"""' ... _ ....... _\ riafn ..... 1Ie __ ..... "'" ........ 01 ... "'-'r('" -.-Way" ___ _ ",«'s' all'.) ------~~ ...... ----------fw.". ...... = ...... side ... --. ..... W.fe84 x 1) '!'be "oOlch ten (10) feet of the above described PEOperty. 2) A righc of ""1' ten (10) feet in width baYing five (S) feet of such width 0.. each side of a centerline desc~ •• follows, CUll ~in9 at the southeast corner of the above dG:scr1bed Property; thence along the south line of 5aid Proeprty 17 feet to the POntr OF BEGINNING oi said centerline description; theb.ce north parallel with the east line of said Property 15 feet to the temiD\1$ thereot. 1 • ;:".::!SE TAX NOT IlEQUIIlEO 111m! Co. iIe<aoIs Imioot , __ 1- 0,...<: .< "=--" . De!ru1y I ....... G.::ua sbdll.ft die riP' 10 c:oGStnIICl.. opazIc.. ... !JL repair • ..,... ... CIIIuF Gee c __ cIccuic ~ UII!« ~ ilia. O".,cr aad VI" ...a • ., 5...p+Way ....... tridI .. MCaIary « ~ ;; *nco.. wIicII.-y iDdo:k bar. ~ DOt iIIiItd IOdtcfala.Dw: .. o..t.I ..... Poia ad;. unta5 wiIb CI'OIIaI'Ia. ..... ;lDJSud -=bon..dr:a:ric II ...ad _.... . ;""ud .... ba.;_ '" u..:, z ~ ti ..... C ad c:oadsa!D.. caIJic:s.. ... 1iaIIbob,. ..... ad u T ........... ....., ...... mo.Icd~AJCbas,... mmf_ .... swi&dra. PoIowiDc tbr iaiIiIlcoasQ'1ll:Sioa of H farilit;es. Gramer may frexa t&melo time coaAnXI: -=II ........ besUd GIller t.:iiIiII. it.., IIIIpIiR,. 2. "'--GracceIlldlJ.nrc_riplof~totKlliJII:""'''''Cft:'_ilCr __ ~toadlll::GDMcc .. _ ..... -.,......... .... _ ............ -_ ... ..,-. ..... "'-'r_.., ... _01_ .... _ J. a.....rr-.~ ....... Caeriplsoaa.ortrim..,. ......... « .............. .,..* .. ....... .." ................ -..,. ............. "'-t,.-. .. mm...-.._\_ j' ~.-.. _\- 4. c....t._.-U .. '.GlacGrR::D"IIIDIk .... lO .... ~W.,.,..., ..... _· .: _ ....... -...-.,......... .... ---_ .. _.., ........ ---... ....... ...,. .. __ .... --._3011_01 _____ \,..,._ So -.-.. --. ... --. .... -.0-_10........, ...... __ _ .., .... _r .. fojwia .. I .. ~_ .... .., ___ IIe_., ... _\_ .... ... __ ..-.t ............ G.ulcsldDOfbc~iOO""Ior..,. ......... ! ....... &o.., ........ .,_ ......... fIIGt.ww . .. q 1IIt ..... _ ........ _____ • __ ............ W., ,.. ......... 111 __ .. -.. ........ ___ ........ ___ .. -...-. .... _' I _~_ ...... _.,_._\_ .. __ -_ ........... ..,-.., ......... _._ ...... - .2113 lJ.n --OI2IU3 235-28.31 .. -... _-------- I \ ,. _ ...... noriolU ........... of ......... _inftlOlk_of ............ _ --"""_ ... ...... _____________ .1tH-. STATEOFW1oS1IlIIGtON , SS CQUlt/YOF ~ , o. ... .,~-"'W ...... to _ .... to lilt * iadi' oM 11 critJcd in ... trbo aea&ICd die wiIbia ad sol: I V""" he ............... hi ........... _y .. , ... ,"""''' ..... ''''1 -GIYEN _.,_ ... 016< ............ 1IE!:~,yor.tt._ .... :....-__ srATE OFWA5IIJ.'«mIN ) 55 COOSTYOF I 0. ... .,...-.,.-"' __ 10 _ ~ to k tbt Ww'7 I ' ........ -.110 euan.t *' __ ......... iDInmttL aad NIT" ,.. '. 'die.... _ ... ~IICI:_ .. _dK ... _,..,..tIIiMia e' L GIYEN_.,_""_ROI .... srAlEOF ... · slO1lGlON , 55 coutnYOF ) 0. ........... __ "110( .,or _________ .I9 __ ~PIIIIIic iII_' ...... _ o(W ___ ...w;.,,, ___________ _ ~19_w.: ... lht .... 7, t pmoeaII)'appand ... ro_bonlO~* aed oi1cspec:tiwl),Of ; .. b;;;~*;;i;;;;;;;;;:.;;-;;;;;;;j;;. .......... -.... -............ -""" t I" ' ...... _ .............. ..-, ...... _af..., ... pw· Iw ... __ ___ ..... __ .... _10_ ....... -...-ad ___ ""'ilzliitIIt.,.. ... ", ... cap: 'M ... _.,_ ... _""' __ ... 1107 ... ,.... .... __ li-,Nio .............. SO"or...--. ~.-------------- . , ..... ~ ~: " 5'-., .•• '!: ........... -.;y.-o. ___ ss. On !:his 21t1a clay of iugust , 19 85, before ... , .. IIotuy l'IIbllc in aDd fOr & ,... ... te:"':=o"i"'w"'a"'s"'Iiiii="gt=o"''',..,-.d'''ul:y co' .. dOlled azul swm, per.oaally appeaze4 ~B~.~'~fc~k~~~~~T~ ________ ~ ________________________ _ ~~~~~~~1r.n.~~;' a the V1iliiJi aD! fongoiJig instrlllDent, an<! acknowledged the said h.-t to be Ido free aDd VOllUltary act aDd dead as for the uses iUid _"". '!:hue!: """,tio ... d • ..,.. ••. __ official seal tlIe clay aDd year iD this c:ertificate ...... '-'-" . ~, '. (...c~ J ~ • -..t. • _. 7..:..' __ -",",,--",:TC HoUri PiibUc III iIiIa for tLe Stat~ of Wash1ngtoJl. residing at ...... ~'! c> a ~ .. ... ..,::~=. t~·: ;:;:: .~ o' N ~ ~.", ., N ; -,. -' i :: a ~j Ii ~ "' ... .".. f:'~" -. -"cr.;~O AT REQUEST OF: ': ',j DI 1I1'rIIBSS iiJI£REOt. I !Ia"" bereunto set lIlY band and affixed ay official seal the day and year first IIlx>ve ""itt .... IiOt'aii .B-Cl t.¥t?r «fo . State of washiDgtco. residiDg at .ACe. . .. ) ;iJ.; j I I 1 ORIGINAL EAStMDIT F ........ ·! ·r '.Glo,eboa.r(SJ.f.IOJUId ........... I ., "-*eRCCiplol ..... illIcreby t ... ' B •• PIlOUltrUS, • WaR~ 801e proprietorsbip __ tatill, ... lell' of BUg"". Bo~beeJII PAlUtSIDI! ASSOCIA7i:S •• !'IIIlt porttOll of tile Soutll 660 feet of the Iior_at qwortu of the SOutlNeat __ of Section 8, ~p 23 Borth. IWlge 5 But. W.II., ia Xing CoUIlty, IlashiagtoD, lIhicb 11ea Borth of tile IIortb liu of 1Io~ SjzU street ~ l>et_ the BonbeXly est ..... 1oJI of tile c .... tu1iaea of Pe11y Av .... ue IIO~ aIId !lain Street, IIlW 1Iel.1S street Borth, IIlICEl"t tbat portion tbereOf COAV1IYed. to tile City of _tOll by deed ncor4ed August 19, 1971 UA4er II8eOr<Sing _ 7108190352 (0PrQpertyO). 15'12-'16 REeD F CA5II5t. _9 e 6.00 _.00 $5 me centerline of Grantee's facilities as construeted or to be CODstrucl:.ed. exten4e4. or relocated, 1y1l>g witilOn t/Je IIOrtb sizth (60) feet of the above descr~ Property "iU:~ F(,.~ "::CORD AT REOUEST ~ tii' ~: . -"" .. , ~..." -,.:;', :~_·t.; ;'I:.~ ... t'J.Tu.uT ~:E::= ;;:: r<_ .... _ ~ ~ •.. '"' _ .... -""" ~,... :z .~_ f-O. EO,'; 9./"134 ? "'.. N S~U Pi:;E. WAS~·tlftCTON 980Q9.9734 ~ ,.,. N ;:. - -, OF :z: A.."'1"Zlo"I:"", ~;,; r;;' ,~~ ..: '-~ igi ~'----......... ---..,. ......... --... -... 7. liliiii_ t 3 . am, ~ ..,,01' .... &Ie ....... ..,. ......... t:. II ~_ ...... US --.. ..... _f-...sc .. _ ......... tD_~ L ....... ..-..PoIc$aa4I.CCNtn .. ~a.-rs....,.. ........... clel::tri.:-L ..... 57· _ •• ____ ....... .. 1W: ........ ..-..U ......... ~aIIb. --. ................ hm' ibC&4 ..... _ .. .---_ .. __ ........ - ~1IIeiMDa io ofils &QIi::!cs. Gnma:",., fto«a ti~l(tlilacCOlllll'Kl"'~5aaad "'6dIia •• ~""'" 2. ____ ...... "'''''''10 ... ..,. ...... ...,._ ... _ ... ,..,..., __ .. _il ..... _ ............. _ .... , ... , _,.....,~ ... "'" __ ..... -~ ......... - 1. ~o..t.a~*.IIoC1ll_m...,_dtw..a. • ..., ..... or ......... •· ... ".,., .... ..,.,... .. a&_ .... aII)'1I'cc5 ...... ~ .......... CIDIIId...GIuIrit\~ ,..,.. ....... ~ ....... IOc...-.~ .. ; ~ ........ _. __ "'" ...... _ ... ~,....., __ ioi _ ... . -....... -_.-. .. ---_ ... -... -. .. _-.. ... • ·.,..,....,. ... 0 __ .. ........-ltVr. .. _~ __ ~ ...... __ s. ~ .. -.-. __ .... -._ I .. ........, ...... __ _ • ., ..... _~ .. ioe..,· .. ~_ ..... __ ..,. .. ___ \_., ... .......... ~ ...... dlllca...*"_k ,I * .. O'-'.for.., ... aadJ ...... lObJ __ .. ___ tl_ . .. '" no .... _..-_____ • __ .. _ ... ~w., ......... toom_-.io 101.-.. ___ .......... ___ .. _ ....... _ .. ' , __ .. _ .. __ .. ___ roiOlioly_ ............. , •• .., ....... ,.m.:.I ..... ---_ ... Jls':1oo U.t« ~U.se 2lS-31 -- .. '" '" ... "" " .. ! I I ~ I i I , ! ! I \ I I , I I JA~lIaISiO 7, -.-........ n.,. ...... "."' ......... __ ..... _"' ........... _ -....... -... ..... 21 ..,"'--______ --"'afM:'tfJ!o,o.'l+c...-.I'..J1... . . CD tbis -::! .. ~~ day OfLtA5==-:s.::-';-, 1'M, before .e, the under- ~igDea, a Rotary Plll>lic it> ..,;a for the StatP..~idtt.~". dilly ~si0ne4 a:tI4 IIIIOm, perllOll&lly appeilreil • Ii said puI:IlersIdp, for the ..... aDO __ IUIC! oa oatil state!! that; .... vas aut:bori_ to inst-.:. I ~--- ~ ~~ ~T R£Q(IESl 01 WECO TIRE INSURANCE COMPAh~ 1\11 \til !Yl.ut Sl.Anu. ~A 11m REAL ESTATE CON'IltACI 1'IIISCI.."ftftAtT ................. «4..4..t. _01 .December .. 19.6 ..... THE ern OC-RENTON, WASHINGTON, a WUhiflgton Hunicipal COrporation ....... oW* ........... EUGENE HORBAcH. doing bu:sioess as. Ria PIIiOPEltTl£S, a sole proprietorship of Eugene Horbach, e8 his separate property • ='-= = ....... GII4u.~ •• -.m iI:'IIId: .. .., .... ta .. " ............ _ ....... __ .. ~tn._ ...... ....... ................... ...... it Del:~n, Kinq c-,. StIlI of .. ...... Which is described in Schedu.le 1 hereto. Additional terms of this Contract are set forth in Schedule 2 hetato. If there is a conflict bebfeen the terms of this ins~nt and -Schedule Z, the te:rm8 of Schedule 2 shall govern. JIIIKO l\Il£ ttISUUIICf COMNIIJ ~ : Ii';""'''' ..... eo.~rl:e ;;:: _ YVashlflgto -Tax-~! ~, : _'OF"..... 8ttOO =: ;;;-_ 'l'VIHUE U,rlPl ~ §: 'DII_ ............ ..,~ ... Ml_.-......: .,... ...... One Killion 'l'Wo JJundntd '!'hi.rty-Five Thousand and Seven Bundred-------QlI 2lS,70D.OD) ~ ..... ...., ..--I:) S __ <k2 _ R:rrI.) a2f7.UO.OO 1_ .... ... ,.... .......... w-.r • ...,.. "t 7 ~d.--.el-" ............... _MMIa: In quarterly installllants of interest only (I -------.,.DIIaaI. __ at: ............... __ ..... 1st ..,. .. ~ril .nl7, ... *~ " -)~ __ at: ..................... w-. ., ... -*11 ___ ...................... ... ................ w,illliLn.,......fIIrUtr ... U.pa7 .......................... tI ... ,.... ... _et ,It --.11 ...... Il10 .. -* ................ ... • KJd .. pIIIa: ... ,......, 6c_1RiIII&. .. matimlrq Ql tile l1J::st: day of ew.:y tbi.r:rl _ 1:I>ezea;:ter -U D!r::a:ter 3;1., 1989, .om the prhY';p"l bal.anoe, aaa I!IA"f ibtm:est. 1qIOid _. shall be poid in full. 1I>e prim!poJ _ shall bear inten!ot:. at tile J:aIe of 8. t)I!t per ....... r-:=-=~==~., NOSALESdW' ... 1OSM9'U DEC2l11W1) cau ... wa 'If! --- --------------------------____ .... aw .. ,~-. __ -~=-~~ ................ ~~ ... - .. __ 'Do: • 2. Utility eaBement over, acro •• and under the. Nesterly 15 feet., and water tranud. •• ion easement over, acro.. and under the Souther ly 15 feet of the Nort~rly 135.5 feet of the property described herein. STATE OF WASIIINCI'ON I COUNTY OF.~ __ . ,____ .. o..u.a..,.~ .....-m ........ GIVEN ... ., .... :.1'" .., e.;.. 'M~"_.d8yol._._ .. ____ ._. _II~_ ~ ....................... ~ .... i ............ &t.._. _______ .••...••. __ . T Tl II II 'IiIIo_ .......... - T_ ---. ....... , ............. -_ .............. _-... -.... -........ ~ '. -_._------.-~ I -- , " ., . I • • ... ':~. .''0 'j.' I ' • _.~. "S;JJO ··"' ...... 13. QO 'that portion of the Nt;;rthwest au.n.r of tbe Southwest QuuUr of Section &, _llip 23 tlOr th. lIADge S ta,l, W. It.. in KJ.ag C'IIunt"i, Kashington. describe~ oS follows. M aHlENClIIG at the point oC inters..:Uon of t:... Nor.J>otrly ;:0 line Of ."iel subdivision vi th the Northerly production of U" M Westerly lIilr9in of .1arJc Avenue Nu.nh ill shown in R£:\l"ON FI\lIl PLAT, Rl "",,,,dlDg tt:' the 1'1,,1; r"""rueu ill Vulwoc 10 of Plats. P.". 97. ill .... J!q callDty, WilSlLbgtonl Q) '!beace SOutherly along SOlid nat'"in ~ proll.aced to a l~int thueoA "b.l.cl> 1s 715 feet North of the Southerly Una of sold .ub- 4191&1._. _ tlw nus POUlT OF B&GINIIIllGl . "J'beace West parallel to and ... distance o( 71S (,.,.tlt North 0.' the SOUth lilla of' aaid subdivision to the Northerly product.l .... ~f tile centerline of rally Avenue North IPelly Stzwetl a •• baWD 1D ilEImIII rAM PLAT MO. 2, aceor<=ing. to the plat ncor&t.l 1" Vol_ 11 of PIau, Page 32, ill lUng county. wasbiagtORI 'rheDce Southerly along sai~ producecl cellterline to a po i. ttt DO the IIortherly.argll1 of NOrth 6th Street 16th A"","", IIorth) .. hich is 30 feet North of the centerline of said IIOrth 6th SUH t; !hence Easterly along said Northerly margin to tIw we_tecly ~ of .aid Park Avellue North; Thence Northerly along said Westexly margir to ·,PODIr OF BEGI/INlIIC, UC2P't the South 185 feet of the Fast as COII"Jed to I/""oc carpora .. ioll IIr Couaty IIecordill9 110. 4970240. deed c. 101.5 feet t.IIer~f ,dell WIller ItincJ UCEP::' tIw So"th lO feet "bereo! as conveyed to th£ Ci tv of IlaDtea for roadway plUpOses by deed recorded under nll!l C'IIunty ~ ~. 8609111671. StlBJBC'r '!O a' uUIity easement O"Jlllr, ac.('oss aAd under the Westerly 15 feet. aDd. water transmi.ssion easement over, _"0 •• llDCI _r the So:;tJ",rly 15 feet of U.e NortJ.erly US.S f,et of aa1d propeny. • .'" .,"---_. __ . ----- -.. --------;;iiiiii .. -.. . . .. • ~ • • .. ~ . . .. f!? WII""" a -U" "'"' COM"N' 1. Pm m ,,-. IIel1er uau dM4 Nl .... AIIlI' pU1: of tile nal utate t.d ... ,st by _ ... ~ .., PKtial tultUlMDt dM4 11 t;M toUiIr.IlIIt ODIIIU.U-us ~I ,a) ~ pay. a p3:1l1<11_ al. ~t via. "",eDt to t;M pac' e. pz1ae 'br W7 Of uae ~ _ pnpe~) h t;M aa\ Of Utht I11III Sixty Jlllndn4t11a DoUue ($1 •• 0) fm: ..cta ~ toot of tile nal setste IIIl1c1I is zeleuecl to .. 7 eer. -.D (1)>) 'IllS put Of uae nal .. tete IIIl1c1I i. _yect to -IIiZ -r by pa;t1al tllJ,riUMnt dM4 _t.1ba1:se • legal lot fJ sal 111 _ h "iolat.1oa Of tile aUalvie1cm _ plattU19 atetlltse ~ OZ' .. 'toebl. 1_. ozdh ,. • or ngalationll. ;g (0) 'ilia nal. -""-_all ... nl ...... in ~ ~. a ' =1119 . at tile _til aDd of uae nal. .. _ aDd '"' I "119 to tile IIoZ1:Il aDd Of t;M nal. ..tete~ JIotIritlaStllllll'lI9t;M tonvoiII9 .. ,",od.ai.s f. paftial ~ Of ~ of t;M na1 utate. aeuw uau flI1lY -nr aU of til.. nal sets":e II1I1CIII 111 tile aulljeat: :2! tIa1e ZMl utate "lOOt t· l'IInIIMer·1qIOD...,....t h fIIll by ~ Of t;M lIahlm or t;M przdIaM price ,. tile na1 ... te h ~ 1d.t:Ia t;M Una Of tJa1a 1II1II1 lIIItata C tu ..... 2. t1!II!! -=. II (6..uR) 'DIe City Of ---. ..... '.aa. • -*11'9'-~Plll COZlJOZatiaa ~ c:J ",-< l,; . ... ~ .. ~c~; .~ :.;) '" • --." -s: .'" ~~ ;; = ~"1; (IW 'eMl'1 ,- I I i: c> '" ~ '" e g. .. ~ --~-~ ge~~,?~ Ct:!SHSL Grant of Ease&leDt. and AP9urt;enant Rights and Heredltaaents and Covenants and Power of Attorney i. «. -br<"'*8:. {II,) 11 FrDII: H i n IV Associates, a lIashington general partnership '-Grantor-) To= The Sank of California, N~A., a national banking association (-Grantee-) and SteWart Title CODpany of Uashington. Inc~ With respect to that certain real property situated in King Coonty, State of ~a$bington, and nore particularly described in E1hibit A hereto. including ~ny building or buildings and other icp~o~eaents constructed or to be constructed or placed thereon (the -Park Plaza Propert/~). ItHOW ALL n£N BY TBESK PUS~= That [or good and valuable consideration. receipt of which by Grant.or is oIIcknOW'ledged .. Grantor GRANTS AND COtlVEYS to Grantee And Stewar~ and its and their successors and assigns the followll\g eueQent. 'tights an.d he["edit.a101ents in, tu and upon the Park Plaza P~rty: The right. of P4'SOI\S \oI'ho may have business or etaployoent at, or who nay be v1sito~s to t~at certain re.l property situated ~n Xing County, ~ashington and nore partlculariy deseribed in Exhibit & h.reto, includin9 any building or buildings that oay be constructed or placed thereon (the -Gardeo Plaza Property·) at all tiDeS to have ingress to and egress froD the Park flaza Propecty with passenger autonobiles then in their use. with the right ~o drive such auto~biles in and upon and to park such autoaobiles in and upon the park Plaza Property. subject to the conditions set fOrth hereinafter, this grant and conveyance being fer the benefit of .nd appurtenant to the Garden Plaza Property. a~d Grantor further COVENANTS and AGREES as follows: 1. Grantor, as the o~ner of the Gorden Plaza Property. has applied to Grantee for a loan {·Construction Loan-) in the princiP31 SUD of &30,000,000 to finance the constructiJn of an office building and ioprovecents on the Garden Plaza Property, pursuant to an agreecent (·Construction ~oan AgreeDent-) between Gr.~tor and GTantee. The Construction Loan is or will be secured by a de~ of tru$t (the -Garden Plaza Deed of Trust-) froc /PC,"E~/~'GG"O"V -1- ITt (- - i I , Grantor to Stewart for the benefit 0= Grantee. The p~ovleion of a parking facility for three hundred teD passenger autoaohiles in and upon the Park Plaza property is a necessary condition to the right to construct. and occupy such building and iaprovetlents. 1'0 induce Grantee to QSke the construction Loan, Grantor is executing this grant and conveyance. 2. Grantor sball construct and install on the Park Plaza Propert~ the building an~ inprQvenents in ~hicb the aforesaid parKing facility shall ~e provided, and shall coaplete such construction and installation and have such parking facility ready for ~se and oc~u~ncy by the date set forth in the construction Loan Agreenent f(VC C:OI:Ipletion of the build!ng and iaprovellCnt.s on tlte Garden Plaza Property and shall provide in. and upon the Park Plaza P~operty at all tinea ~ufflclent parking to acCODDOdate tho bu'U4ings and icproYeQeDt.9 tv be coMtructed on the Park Pla'a Property plus sai6 tbree hundred ten autoaobile parking facility for the Garden Pla~a P~rty. Grantor shall ~ro~lde such parking facility ot ~ll'tiae& for the benefit of the Garden Plaza Prope~ty, its owners, lessees a~d occupantG and their ~pectlve successors and assigns a Grantor s~all not prevent, ob6truct or hinde~ t~~ uSe and enjoynent of such parking facility and shail nat cause, suffer or perQit any such obstruction or hindrance, whether voluntarily or involuntarily or by operation of law or otherWise. lIithout liailing the generality DE tne foregoing, Grantor warrants that ~he ea~eaent and appurtenant rtghts and hereditacent$ herein granted and conveyed aro free froo liens and adverse elaiDa, other tlulQ liens for: ~ valo~~ property taxes and assesscents which are not delinquent, and agrees to keep the Park Plaea property free frOD liens and "clains which eould have priority ovar or be adve~se to the easenents, rights and hereditaoents herein gr,nte4 and (:'onve}"l!d, with the exception only of liens whieh ara incurred and paid in the reqular course of bosines$ ~nd liens for ad valorea taxes and .sseSsA8Rt~ ybleh are not delinquent.. - 3. This grant and conveyance shall inure to the benefit of Grantee and Stewart and" any Transforee, as herein defined, and their respective h.i~, executors, successors and assiQRS as a right and appurtenanee to tho Garden Plaza Property. and shall be binding upon Grantor. its ~elrs. e~ecutors. aueee.sore and a~signs and its and their rigbt, title and Interest in the Park Pla~. P~rty. ~ransfere.· shall aean any person to vbol::a the G.lnJen Plaza Property !Jay be conveyei! or transferred, voluntorily O~ involuntarily or by operbt}QO of law or otbervise, either subject to the Garden Plaza Deed of Trust or bJ reason of any brea(:'h, default or delinquency with respect to the Garden Plaza Deed of Trust, and ,,})ether pu.rsuant to foreclosure in any ~nner perni~t~d by law or by eonveyanco in lieu of fo~closu~Q. Grantor hereby a.k~$. constitut.es and appoints Grantee as Grantorts attorney-In-fact to do any aet or deed and to r.take or oxecute any instrcaent or docuaent in the /PC/HER/lACG8804lV ----~--------------- · I ! • · i , l·, (! • • [. .,,-) . . "',,,,-'" 5 . f nace of and for and on behalf of Grantor to further igplcDent or effect this 9rant and conveyance aod the vesting of the rights and interests herein in any T[a~sferee. This power-Qf-attorney is a power coupled with an interest and is irrevocahle. ,. This grant and conveyance is subj$ct to the following conditiQns: (al ~he total nueber of passenger autORObilcs which ~y be por~ed at any one ti~ in or upon the parking facility prOvidea for herein shall not exceed three hundred ten; Ib) At any tipe before the Garden Plaza Property i~ conveyed or transferred by rea50n of a breach, default or delinquency uith respect to the Garden PI&za Deed of Trust. Grantor~ its $Uccessors and ~ssigns oay terainate the easesent# rights and heredltanents hereby granted and conveyed by -Due Paypent. -a. herein def1ned~ of the C~s.truction Loan in full. -Due Payaent-in full shall ~e~n voluntary »ayaent of QOn~1 by ~rantor to Grantee of all principal and interest then owing on the Construction Loan and all obli~ations then owing with respect to the Garden Plaza Deed of Trust. Pc~ the purposes hereof, QOnies received upo,.. or by reason of any foreclosure of the Garden Pla~a Deed of Trust or ~onveyance in 11eu of foreclosure, or othe~ satisfaction or extinguishcent of any liability for $uas secured by the Garden Plaza Deed of Trust or other discharge of any person or persons froa liability therefore, in whol~ or in part. shall not constitute Due Pay~nt. this dOCUDent. (FPgF Horbach) , Individually and as H ~ It IV Associates. a U&shington general ~artnership /PCjHER/lAGC88G43V -J- ~ -----.-~---- --.---- ll:. I! J,.~ [ [ I . \ : , ; i. 1 5TAT~ OF ~HINGTON ) } ss_ COUNTY OF ~I:i.s Iq) day of ~. 1988 personally app4!:ared before ~ .. el R. r astro Eugene Horbach, to_ kn~n to be tho individuals who stgne the within and f~ego1ng daeuDent, and to be the general partners in H i n IV Associates, a Uas~ington gene~al partnershi?, and executed the foregoing dOCUQent as their and deed and as the frN and act partnershlp_ as they are do. ~/HER/2AGC •• O'3V •. ! ! , I \ -,-'---"'--"1··1,···. . -._---~--' ~ l' .' ) L [ ( . " ""c." ... ". f E,XHUl.I1' A Lobi 5, 6., 7 aDd e~ Block 1, Sartodsvi11e .. acconti'D9 to tbe plat t.heno.f rec:orded i# YoJ.u.e. 8-of Plat!'J. page 7# 1.D Xlbg CouDty, W.sh1'JlqtGa .. 1'M\<:EL BJ LoU 1 IlIMI 2 of t\epto. BoUer tfQrb Sb4rt !'lat. ~ 282"79. r __ ..-.. C.., c-tJ' Reco«l1Dv -.. 7.907109002. be1a9 • portiOJl of Lob-'t. la, U aDd 12 .. Slock lot SartorintU., accorc11tl9 to tbe plat tbeteot ~ 1D Vol~ a of Plata, ~ 1. 1a l1b9 CooID",. llashi_. PARa;L C; The ea&t 39 .. 3 Ceet of the vest B3.S feet o£ Lots 11 aDd 12, Bl~ 1" Sartodsn.lle .. <r~t'C!'i.q to UJt! plat tti!reof r.tcor4ed in VolUMI 8 of Pbta~ paqe 7, 111 nttg CoUnty. Masbington; LE:sS the north .20 feet tbereof .. P'ARC£L Di The Vast 44 .. 2 feet. of LoU 11 and 12~ 810dt 1, sartorlsrill., ileco~i~ to the plat. ~f rer::orocti in 701_ 6 01: f'lat!l. pafJe 1 .. 1n I1n9 Co1m.~.. Wub1ngi:oa; LESS the nortll 20 feet tbl!reol .. PARCEL 1': Lota 11. 1.2 IUld. 13. Block. 11, Renton Fa-=-Plat, IIccor4l.ng to tbe ~l ... t-thereof reco~ til: Vol .... 100 (If Plab. page 97, 10 ltill9 eouot:y f Wa.ddQ9t.OIJ~ EXCY'1' that perU. of Lot 13 conveyEt.. to the C.l ty of .. t.oa b7 deed recorded UDder X1D!J CcRlQq 1lecord.i.ng Number 72031403~: AND, i La.ta 1. l .and the DOrib 3.5 Ce.c-CIof Lot 3. Bl.ock 1. SU'!.Dt-i..,111e, 1\ .aeC'ordill'9 to tbe plat. tbel:aof neot"doed in Volu:.e 8 of Phta. page 7. 111. IUnq Coutt.t, ... ~; ElCEft' that portioc. of Lot. 1 COrNey~· to the City of lteatoa bJ' deed. recorded uacler k1.Dg ~t:y llee:ord.tnq ~:r 72:03140338. PARCEL c: Lot. " w.s \:be aGIltb 15 r_t of Lot 3. iUoek 1 .. s.rtort..nU., .econling t1I> tM plat tbeno.r nc:o~! 111 Vol~ 8 of l'hh ~ 7 lD Un9 co.mty. ~, .. • -~ -- .....--.---- - E"- L EXIUBIT B .. PARI PtIZA PliOPP1'l ... t. Bloat _ ...... ,. .............. 1 .. \0 nat. ........... In 101 .. '12 01' Pl_ ..... Jt b 11 ..... , ......... t......... oItb No< _ Io01J' _ ·_at" ..... 1\11 ..... .. Jctb ...................... ~ ... 3J2J ., u.. ntr .r IeIlteltl tesetba" "ttl tile 811"" "jol... to 1M .... .. • __ ..... _ .... __ tJoo en, or __ tot 2'. DId '. ..to. r .... lernl' eceoNlac to n.t ....... b hi..... 12 or nau, ,... Jf .. It.. ,,-t, ....... tftt lo&ethr ws.Ua t1fe .UQ' edja:ldD& te \M tIHt, ...... , .. .... ... dbo.e .... fIoIIe or tJoo Clb .r ... too. "SXHJ8J'r B f .~ ------- •. \ I I ·1 \ I. t • [!. L - , 1 . , \ t J .-----' .~-----.--.-. .' ... ~ ,_, 110922 ~ 9.00 .... ~.OO 11 8 • K ASIOCIAfel tV, • Wa.hington oent:al parintr.hlp t-Onntor'} 1'Ot B • H tV ASSOCIATE •• & W.,hinqtoft v,nerd ,art:nlr.blp ~ALL_n_I __ ' Tb.~ for good and Yalua~l. oonSldtratloa, teetlpl of whlall ~ a , It PBOClA.UI n, I ,. .. h11\gt.on c,ntrll Pll:'tntnhi.o (-Oclntor-) 1, acknovle4V1d, Qranto~ hereby GIANtS AND COIYIYI to 8 • " 11 AS'OCI~~II, •••• blngt~ 9.ner'1 partnttlblp ('Crant .. -) and it. luoo ••• or •• nd ••• 10ft. tbt followln; ...... ntt, riQht. and ht:t41t"'ntl In, to Ind upon that ctrtlla tl.l property ,nUtted h ling CouDi)" ItAte of Wbhington .net IIOh p.rtl~l.rly 4tler1bed IDd identified •• the ·~.r.l.At T ..... 6\· in tM lelHl4ulI (·''"orn1 Schedul.-) attaghtd banto a' 'loUlt A-, tor lb. ben-tit 0 that otrtaln .1.1 ptOO*Tt, 11tu.\td 1ft CiDQ CWntf, WI.blngtOlt, 11'1cla41n; any bUUdlng or bulldlnDl that. ur ~ cOftttnacte4 or plleft u..non, " the 40111"'A'C t.neatnt, and .ore par'laularly •• ,cribt6 an6 idtntlflld •• \be 'Oardln .1 ••• 'top.~tt· La •• 14 'roperty lebt4ul., Tb. riQb.t of ,'noDI whg .. y h •• , In:dM .. 01' ..,la,.n It. or Who U{ til :f1.1'0~ U tb.t. oec'''a Qat propt:. tty dtuat.d 1ft I DI COUlt" ,. •• b1ll1ton, laob4bg a", ""lldlnv •• bUUdl,. tIIlt .. y 1>0 _tn.toll •• p1o_ t)t,.",OI~ (kh. -Ga ••• 1 ... l~rtr", _re panlO11larlr 4 ••• <lbod to "" troperty 8.bollol. .. .. to. at IU U_ t.O h, .. , lnons. to ,Id .~". 'na the ',nl,at 'l'tae8tDt. ylth ,.I •• noel' Mlt..abU .. th.n in tbe'~ u., vtt!L tIM; dght to d<l .... ell __ bU .. In 111<1 _ 1101 to pan nab eutcaobU .. 1111 aDd V!l0tIi tlIi. ludllllt If .... t, .,b'u, to t .. eond1tloU .. " torth hereinafter, tale _0. ud _ .. ,..... IIthg ro. tho _.flt of .011 IIPOIIrt'lW'It to tM 0U4ft PIlla Ir0p4nr. and Gnat .. fUnMC (:'Q'fI;SPn .ad MJIIS I' toll_. .j .. • 1 I [ r • , • ( ( - -------~~~ ---. ~-~-------~---~~~~-~.-.--.-.. --- [ ., .. -:: - --)-' ... ' ....•... ' . -" ; f , ! ., ;. ~. ) ... _--------=~-=~~= appoint. Linder a. O~'Dto~· •• ttornty-ln-t.ct to do _"' Ict or d.e4 'd4 to ~.k. O~ •• 'OQtt ~ l .. ~ru •• nt or document lq t~ na.. of and for and on ~b.lf of Q~.fttor to !utth,t iapl ... ftt or .ft.ct thi. gC',"t .nd ooa .. yaft4. add the YI.tift; of the ~lQ_" and Int.r.,t. her,lft in aAy fran.flre,. fbi. p~.r-o(-.ttarn.y tt • po!fn ooIJpled with 1ft {nt.tlat and b trl:'."oeabl,. ~. Any franef.re, wbo ~.o.lve. t~. ~.ftlfl~ of eft1. graft\ ... reeult or Icat,tbg • OotW.yal\Ct or t.ta.hr of tltl _ .•. __ ... ",' G.rd_n Pl ... '#o,ptrty to .u~ ~rln.f.r.. .gr." to t •• .,ur.. O~.~~or vbl1. a~'htOr OWai \h. e.rvl.nt T.n. .. nt, Ind Cran,or f • 6ucct •• or' and ••• i9~' to the 8.~1.nt Ten'Ment far the ·pro rata _bini 01 -the r ... Oft.~b CIotti .nd ''''naQ,· aU •• b.nt" deflned, lneurftd Ind 'ltd lor tb. operation .nd &&lnt.naaoe of luch parking a.rag. during tbe u.., luch TxaDaf ..... GiIf'", tb_ Card.n .1*11 '~rtr and th' •• , ... ~t and .ppu~t.nant righta ber.l~ vtan~.4 .~ in .fr.o, ttbl ·'.n.fit f1riod-), fb. ·rl.IOftlblt COlt. and .xpenl •• -_ball ... ~ tb' co.~ tn4 .apln ... at _1ln.t..nllJld, norul u,,, • ., altd r'pair not n!alNn.4 bY' in.'u'IDG., ..I! ialor •• Prevlttl t.u .. an:1 -cuudt)' aact U.ltllit., lD.ur.~ Itrn 101'" oil prowld.4 belev, • .Qd othn ~lr.c:t: .ap •••• a~ op.rating IVgb oatklng Olr&VI. Such tax •• and lne~rano. 9ral ..... are thOSI ¥blob beo.e pa7.~1. 4uI'!nl I cd.ada, rear In ..,blOh any part. of thtl a.aafit. .. dod OoC\ln r proruH tOI' the portion of thlt oat.ndar , •• t vhlt. 'Ug~ •• netlt '.tlod ,. 1ft ,U'ct., n. "PR rate thin-0111 •• n thAt pottloft of lv.oIl r'l.o~bl. COlt. and 'Iplna •• dttlr..1na4 by .ultii1Y'nt db. CO&ll a.o~at of luoh r •• lonabll OOIt. and 'Jp,n,., by • :rlctlQA :l.n ~icb the DWltrltor t. three bvDdftd tan p •••• no.r luto.obl1 •• aD. th. d8noa1nlta~ 11 thl total ftu~r of p •••• ftget IU\GlQbll •• (pr ... fttlr •• tl .. tl4 to be Ddt tboue&.d on. ~D4r,d flltr-nlaa) "l\leb t.1t.a _n M aa=-o4at •• 1ft .Iid parlllna gUlp. fbi OWMI!' or tbI l'rYl.n~ ~.~ ... nc .. , IftVotat a ~r.n.f.rt4 f~ lnatal1Nbtl of .uob eu. .MUaU, Or Oft .ud!l otlter period MIl .. , ft« -or. fnl!l'letltlr ca.. Quut,dy, a. luch CNMr .. , IllOt, It a TraJM!n .. .u11 t.U to PlY u. lftYOlo. with'" tfttnr dip a!t.r-rKelpt of the ... , \he IUUftt of tbt iAYOlce .taaU bear ta'.r .. t 4t the ntl 01 Pr.l., ... toant poll' .ama 11'. th. lSI" nob b-.ole. 1. no.b •• Qtl1 It It ,.tll. I'.ar .1Ipue. batWMft ." OWner ot the ,.nl.at t' ..... llt and a tn",fll"H of tb, GaC'd.a '1, .. 'troptc-tf .ull halt in Utioatlo,,, t!tI II'H ... Ulag ,.rtJ .ball be •• tlt1t4 ~'r.00¥I~ ~1. re~l' .ttorDlfl f ... (f .. tIIa _r portr .... tile _t Il10 ... , olIa1l 110 __ 10 .... l~ ........ Sa au'" 11\1,",*. S. TIll. ,r_ ... __ t. oobl_ to '110 foUOOItatI ..... IIU_. (A) tII8 tot.t1 ..... if of pa"::rr wt..obu. .. ""' .... ur .. puPd ""_, •• lIIl. gun __ .t .., 0fII u_ 1ft or QpOf!II tIat pan' ... f"Ultr ~1," for unt .. .... 11 _ ... _ lII_ ... _ .... , Itl [ ( [ I j ;1t :"~~ :-.f. ==_=-=-0'==-=,=-====-=""'.""..,..== ~- , , .~ , • I I .J ~=-=~-;----'-. -.. .....: .. -.. ==-=-'----.-==--=~-'-------- BrAT. or "AUI.aTO. Cooll'l'Y OJ' IIIG II. _" •• nd ~1 known. to dOWUftt, • W •• bington j Itzeout.d th. J and deed .1\4 ... j partMuhl" ... i6tAii tUm in. end lor n,. IUli. ot w .. nJn;ton, reddin, at 6"" " Mr cDUhdon explUU , -U-'f 1 [ • I ,-.- ;;' . ~.' i , 1 .. ORIGINAL EASEMENTFORVNDDGROUNDtLECTRlCSl'STDt For ... 1ft eendderaUoa of One ZIon_ ($1.00) and oth.r "alva1e ccma1.cle1:&uon, 'the ftedpt of 1Ih1<.h h hoenb, ac:.1mcN:Wdpti. rcraftlorM ~nt. '"n .... tJ)ft\'e)o" .1)Cf wart'MIb ,tI PlJGET SOl i!\:0 POWER: & lJCKT COMfl'A~"Y_ • W_i¥nft lot .. • pnnIian ("Granlff'" ~n). for 1M PUfPnS"S hP-rf!maflrr Sl'1 furl'h iI JH!fPI"'hlII HNmenl under. acro.f. and ove.r tbP r,.,I, ~ decrit~d ~.I ~'lllko "P'OpIUly~ ht'l""in! _,KIng Cibonfl.', W,lIShiDJIIWI. the tast 100 feet of the Northwat q~rt<er of the Soutbveat quarter of Section 8, TCllW'ftShlP 23 North, hnSIt S East, "'.H •• 1n Una County, W •• binstOft, txC!PJ' tlie South 315 feet the-reof; AND EXCEPT that pOll't1on ly1nS ~Qrth of the Wellt prOciuCti04l of the North l1ne of Lot. 1. Bloek 4, lenton farm Acreage, .«01'd1ns to the plat t~reot recorded 1n. Yol.-12 of PIau) PA8I!' 31, in Kina County, Washington; EXCEPT t.~ Weat )0 feet thereof convey~d to the <:1 ty of ke.nton bY" Deed recorded under Ktft& CoWlty hc:Qrding Nunber 3325Zl4. ~30 REC& F 6.00 CASHSL *~~tOO The Vut tan nO) feet of t.be .bove descr-ibed Property. 55 1 % EXCISE TAX NOT REQUIRED Kiul Co. Recoros Division ~~<,~ I. Purpose. Gran'" sh .. U ~ve Iho n,hl11) Q)Il5ln:cl op4!'t.1lle. JPainlaln.l~r. upI,ee .nd.rdarpH-lI~d ellldrlc lJ'omsrnilaioD and/or distribulilm ~"'ern. upon and under lhe-RiS!hloO(·V\'ay lo,elhd' 'ori!b .11 D:~"~ or (lC.~t'l:Jlt;r.~ pI""RltfXII!i IlJeN{or. whSdl rQfIy indude bullirt aot IIrniled If,) Illt followi1l,: WldeqlfOUttd COPduib.. cabJe., •• N,lftUllicafy,;::: Iinet: ".lolls.. mafthQl:-. awilChft. aM fI'atlfformen: .nd 5I!1'Ii-buried or ~und mounted f.cililies. fGUtw.iJq! lhe fnili:;J_ siruclioo of ils fadlUles. Gnrtter mar from IinM" to limt" Clm$\rucl such ~fiotW ladlitiel ... il 6>,,) r~»e: ' '.' '. . 2. Aac::e& Craa.-sbiU luw lhe,.n. of aq;a,s 10 the Right-of.Way OVf!I .. 1td KfOSJ (he Proper1y~a~IO'~~ die i~ ritZhlSherettnder. prodded. that Gr-.. nlee $hall compelWlle Grantor lor anr dam;tae to IM~!)' C"iII~'I).e"",'!It--. me r:l $aid riab1 01 m:ess. . . .. JUa 1 ' Tk n,h ... her.in JI'8lIIed IhaD Qlntinu~ unlil.ueh time as Grantee taueJ. to Ide' th& RiJbkll'-W.y fot. ptriod 01 fwe (SJ IU~ years. in which "",..1 ,hiaepemertl,hIolllenniMle.nd.n riP" bereand., IbaIl rev.n lOa.... ..... GnMd&d hi PO ~It JhaIl be deemed I", iIIIw otCUtf'ed b),' lftf110n 01 Cranlee·. ,.our. 10 laitillIy a.c.JI it. f.dliriol (III1be JUPklf.Way wiOUn ony pe1iod oJ time !rom the date hereof. . 7 ......... ~ ~ ri8JuI ihd cbllptions of the plltliea shodl itmJ'C 10 1~ beDel'11 of aDd be bindm,UpoIIIlheir r~..cc:euon..a ..... 1-2692 lJ • .cOOl 8805784 23S.31 FILED FOR RECOAD AT REQUEST OF: PIJOfT I'OWBI _VI~ ~~ ~ ATTN: D1~,oowNS IIW.£\IUI. W_ .. . ----------__ ~--_,-l -~.---.---.-.... -._--_._- 1 ( t HAft or IIMItIIIG'rIlR J a,.t"t ---------.----.,.~ .' . QANTOlt . 17' /1 I£u...-t ..... _.----- h' ;:;::-:; ~ '. ':, T.~:' ~ ?Ef ~.:"" :.:, ;:- '" ~. -',:., ... --" ~ ,» .. " "" --' .-~ ) ss .. = COIMnor ) • • " ~. ,. ( '. ,. ., :; '!!!I !;!II!!SDlALOJ ~ t.mD!!. ""' .............. _ ... 111..1 __ . _' ;1 1; '1ha ... ldln5rrumeatbbtthefrH.IDdw1rmratf"'-'dHdofl8id~_IiIe __ J'III'PDIII~ ~Iioned. -= C10 odt MIl" dial b' authc>rh.d to HeC!IlW dw .aid tftltnmleDt ... that the .. la"1ad II the QIrPORIt.,.1 cI said carpondoa. _ "'" hood and _ .... _ • .mood Ibr day OlIo! ( --~ ORIGINAL valUable ("'Gdhtar" ~I'II. £r1IM5.. am"'}' .nd warrant.. III !'I JGEr SO(:~D POW£R " ' WMhi~ (;Of. pGntk.n f"Cnnt .. •· ~n). for 1M pu~ hereilUflf.r ~r foMh <II petpr.luel ea36l11f1'ftl tlllder. ~ .nd over tlu-rN- kNn,. decrihed re.l propen,.' Uhf ''PTopert)'-'lw!r~,nj Xing ~'. W~ "l'hat port.ion of the Northwest quarter of t~. Southwest quarter Qf Se:ct~on 8 .. !cWn8hip 23 North, :RAnge 5 East. W.H., described a. follows: ileqinniD9 at a point 60 feet North ·of the Northeast corner of Lot 13 I in Block 10 of RentOJl Farm Pla.t, as ~r plat recorded in Volume 10 of Plats, on page 97, records of Xin9 county: thence North, along the Nest line of saie Park Avenue produced, 185 feet; thence Weat 107.5 te.t, thence SOuth 185 feet. thence East. 1:>'.5 feet to the Point of &eginninq; UC!P'r that portion thereof as conveyed to the City of Jenton for the widenin9 of 6th Avenue North by deed rrr.orded under Recording No. 720'09-0448. Si~uate in the City of Renton. County of Kinq, State of W4shJnqton. , ;- 1 ~I"~' be ~_..,I rorth he~m GnIn1e1!o', ri,ril1s shall be exercised UpMllh.1 por1ion or.n. Property J1t.r. -Ri~ 01 w.~·n hctnlnl deIerihed u-tollows: "RiJIbt..ol·W.y 10 feel in widlh halifJ.'I S feel oIslJd1 ,,:ichhun nthskleol. emler. ,int· d!:scrilM!d Q toDowJ: The centerline of Grantee's facilities as constructed 01 In be c:ons~ted., . extended or relocated lying wi tbin the N01' U. '\;1 feet of the South 40 feet of the above described propert y, HI EXCISE TAX NOT REQUIRED . ~' Records Division SQ~-.....,,)\ ~ ~ ""<ultL ALEC FOR R£COAD AT A£OUmT OF: PIlGEr POWER .. IlEAl estAtE __ & ......... n",...1inwNS Pl.'GEr POWER aPG. ....... "r' --.. I!W.E\IUE. "'AlII.un ... -. L r.p.e. Gra:nte. shall bOIve the~t!o coMruct.operalf;. mlint<"ln.~, tePlateand ..... ~ elft1rlt' :ral'llmiuion and/or distttbutioll S~"JIf!m upon afti under lhe-Rigb~-W.jly tc1(I:eIh ... wilh ad neceIAI1' or ~rl "PO purteftillteeS ~or. which mar include bul are nollilniled 10 Ihe fol!ol/Ooihg: wxieTp'OUnd coPdu.Ib.. caW. comIlIulli~ljon llna: vatfhl. ma~ SIorircbes. anrIlransl~.1Id se-mi·buried or lIfoulSd mounted 1.a1iti6. FDU~the Initial \':01)0 j(NdKm -of lit. radli~flI. ~ rna}' from time to tbne roruttuct StIch ilddilionaJ f..alillel as it ma}' requf .. e. Z. J.r:oIsI. Graftt'" Ihall Jw~ tba riltht 01 ~ to the ltiJhl-o{.WirY over w.ac:-ou !be-~. toenaOle Glulk to ~­ Qse iU ~ htmmd .... ~.lhIt Cnrfhe shall mmpeNate Cnntor for anydamql"torbe ~·cauNd bytbe u.et"- ctae ~ Mid riFl of ;W.f!Sl. I. Obita 11 ., ' ... GraDlftma)·fromtitlYIOl'ilrleremovelceeS.hushes.Otother~~~dao-lll«ftt. m·W~· and may level ad ~!he RiJhI-o(-\\'ay 10 tht exlenl l'eaJOn.ably Il~' to tarl}"OUI IHP\UPOMI" fcdt'ia PI ..... 1 "!lend. ~ _I foDowing IInv $Vc:b ~ Gre:nle:t 1haU. 10 the axle1\lJ'e .... bJy~ rwmi·!b.. ~.Way 10 the condiEion il waf f:umed~(e!)' ptiDt 10 sui;h WOf.\:, Followm,1he-inQUlUoo of Ct:Uteb'. ~ JacDitfeI.(jratm-ma\,,~any.u~i~anems'o'~tu.~pitJggfllleRight-or.way.~""QOc;...or QIhe, plants shaH be placed Ihtreon which ~'QUJd be 1lIU"easonabl~ up4nsi\fe or impracaje:al r. ~let l' nmove and ra\orL "~:"" .. ~ UN ":!r: "'~-t'. CWUor ft\WV1!S the ri,mllo use the 'fligb1-d-WoiY fc.r any pu,rpoMi-.Q1 ~ with the n,htfhereln P"Jn:I pnMded: thalGlVltor~lll'lOl COtl$fJUCI ormaintall:"l any~oraJherllr\1l;;Gq'oalhe ItiPI- ct'.W~· ~ WOIIId inlerf~ wilb.'" exetciM ofthtri8hls herein "allfed: IhII no ~ tbnneIm,or oW fflml 01 con· tIndon. ..ai\:"it)· chait be done on \he ~ ncb would disturb the compidkm or unNJ1h Cramee', racililits 0II1he RiJh'*'Way. at endan,ertht Jateral fUPpol1 to Aid (.rulies: aDd that no blulinf::lhaU be cioaewi\bbl:1Sf. oIlbe~­ way. L _.ay_""-"IhlI-.C"", .. "' ..... "'::illldbold __ -IIOY ...t."_l,, ........ ..at ... .--auffendb,uypenrmwltichm.'be """"C ...... ·._01,,...,.. .... .&rdI«l: ~ lUI Ctu.t.ee Jb3D.o£ be NIJIODIIible 10 Grantor for any .iDfllriellDdlor -.... $I) My p4IIQII ClIaId by .... ~ or Cnntor, . &. A" I the riahtsharein If1Inted IhaJl amtiaue until IUch liMe as Grantee th5I!I to utthe ~Way .. " period of IiY# f5l.IGCQItIive years.fb vIt . .:b. even! ~ e6tmenl sbaJllmnina~ Md aD r¥tts ~"1lftWttt!or Crm- lor. prvoMecf that ItO abandorurlllDllbaIJ be dHmed 10 hawr ~ b!' ~ or ~'. railwl! tQiIIfu.1Iy inI&IlI ta 'dim. on the Riptr-cloWlIY trifbin InY period or lime ItDm the dale ~f. .' '. 7. ~ aDd,.... The ri,chlland ohliptions allbJ par1lH Ihall inur~ to the benefit of ae.! be ~~:~ f1:IP8Cli\¥. ~ .aCt -.... . . ; R-2690 KJ-AC001 8806363 235-31 --_._---_. -----_.--------' ( " ~' .... --.... , l l' i i By, Sf ATE OF WASIIINC'rON I so; COUNTY OF I ... ~ rtIIIidmt -' ~J??l fl: . My commission expire3 3,IJo.,l9:; -----..... --------------- ( _. __ .J ... , '. ~UCZll! 80M111C11 R-26'0 •• 06363 _ 1:1' tJISIIJIIl'ItH J ) aum 1:1' OIl J ORIGINAL ~ th!;{~ 4ay of • 1988 • beJio>e .... the ~ • IIota<y P\tMe bI ttle • d\ily ..... ·si......a OllIS 1iIWODI. pexwmaUy ~~~'~~~~~ ________________ ~M __________ _ _______________ ,. A o.neml Partner of EAIg,l!!G1pN ASSOCIATES • a ~ LllQtea l'a>tIVlI<sIllp. that .....aut8d tIiB ibii;j>J"'3 Lii&ilIIiiiit; ilia aamciIl&J9Od Uid -.t to be the bee OllIS ....t1Oltuy . _ OllIS doOa of RId ~ for the uses Mel _ theDIlD III!Ilt.lctne<l. an/! an oath ..... ted that hI ii! autb>ri%ed to ~ a1<linstnmont. COUIITYOF r CORPORATE ACkNOWUOOMENi l:'~ ~ . 19~ ltd • ., me. th .. "'6"'i&ood·~""I,,-!!~"'" ..... .r,r.:iaI .... ~ .flb;cd th-e U)' and year fast a~ lfIritwa. .... :",..-...... 00.1,1.LO. {luJ4cnJ :~':..i ~~:2hS'nrcm'" My co"",ssi"" e"Pi~s ~!tr;Iq,z fllfD FOR REtOIID AT REQUEST OF: PUGET l'OWER ~ET ~ c:' ATTN: DICK OOWNS ~W~_ , ( .' , EASEMENT ORIGINAL aclftowWp. M" M 6SSOCtAll::t Iy «WuhtnB!np r ... en=reJ Per"rrt'bIP (""Gam« MrDII). baft) paau. ~vcyl. lad nIRW lO P\lGET 'SOUND POWEll .. UGHT toMPAN"i •• W ... iattVQ~.~-htma)·fOllhcpvrpoKlJt:R.oaftaX\rorth..pcrpd ... lcuemmowa.aerGUlDd 1ID4&fthefqtJO"Mncdocri!lcd aJpropcny (the -Property .. hcltin] in Kin' Cwmy. ~ SEE AlTI::}l.ED EXHlIllt "A" -:-- ~~5: -v ~:. 8~: -- l',t EXCISE TM NQr RE4IDRED K." Co. R_ds Dilision BQ~~ Eu:qM. M fila) bE Olhcnrilc set 10"" btmfl Gf'1.:!t«', ri,bl~ ~hal1 be-~ \IJIOft ,hat fIOrUon of 1~ Ptopcrt)" (tbl: -.. p..of.Way-bstirII4csaiboI as 1"olIp."S: "11 .. of Way _____ ... _ ...... ___ ~ .. __ h .......... ----n=--==-----..... :_ ........... • d r .......... ";. I The. Sollth 10 f .. t of the above d~$et"ibed P'rop*rty. 86/0S1l/07 R£C:' , CPSHSl. " ,. F\I..EI) FOR IIECORD AT IIEQUen' OF: AJGEfIlOWBl §ALESfAlE_ PIKIEr _ BlDG. !!EU.EWE. WASHll..ltON _ ATlH: DICK JOWNS 1. ....-.. Gra_ sr.au ta~ tbc: r .... lO~. Operall:'.~, .''\".,.w. rqUcc.-i ca!arp' otW oc \DiICIIR. ·'tclrit IrUSCIiuioe aDd Of ~iO«lIiaa ~u ~Dd_qI" ullolkr 1M ~-of."'a~ !oplba' witb" ~"). or c:DaIC:aiaw. 4# ...,.. '''eMo,. Qicbmafial::ladtlNt;an:: ftC!( iUJUtallO *r~ a. ~ ........ Pobaad or w.r .. witb aMSanrn. lInc:a., PJ~ 111d.~ ~~Uld ~Mn:.COQI ..... lioA~Dd SIpalfulI:1; trans.fOl'J'\CJ~ la. t,; .... p ..... 1iIc:i1id... Urld~ con.:l\Pl.l. cabk:!.. ,-aula. m.Ph.., swlt(~ • ..: lta"Yillltm.: ~ ~ or .,..,., ~ bc:ilmD ,..:h ~ plcb. tnus!QI'lDC:'I1o al'd ~WlldM:I. . ~1kinirili.c:oastt»C;JUla of iIs ~ GtUttt may Irom ttmrrto __ tcJII5tnIa ~~tiatsJ..l GIk:r fIciIiQ5 • iI aIIiI1 R:qUisT. ~ .' 1. Acaa.~Jlltllba\'COar .. or~1D\bIe Ri. ·'-of..Way~&Dd~*1"tGJcnJ1O""'CicUKcW' ~.n,tM .. 'hm:atIa.JIlO'I*ickd.tlwG~sa.nJ:\lDlprl'Aw:~'O'I'''''damJF&oIkPIDptrIJaIIIIII''lbr ~.,. ,...~riPt ttl-=-. J. C ... .n ... Gra... sbaDlla'RdK..,IOJ:UI or 1M: ..nyud .ubnlShor1Rli5 .... or~ .. thc ....... W.,. .... IIIoIk.IO'(IJ.! ..... .,vasupoa tbtPr~ .. lIicb..bJIiaI,lCaIdd.ia~\rasoa.tJk ........ te.IIIDhI\O~\&c:iJGa,. 4. ~ __ """""".,.(iQIIto~1t:IItI"IUthl:ricf'JlIOlOlCtbl:RiIJd:"'W&yfot.,.>apr:R_ . "nit ... \bI:ripu --FU'td. pm1dal..R.-6rulhrlba1Ji DOl COCWlIt1 or 'lllliafaiDdJ ..... « cQaSIrDenICc. fttt.t .......... w.,. ad ::;qaI'" . taaa. t:OJIQlllllli:a(trirlIra XI) rns of Grutft'l faciIiIiG..uouc GdBfeti ,......mn:c:r. . .$CIIL So ,....,.. "~""~_lto*i1U1t.GWlUCJ;PUSIO iaISeaaify"'JaoI4~cna.orffOlA. .., ... ~{."'''.fJI~IIUIfcftdb)·'''pcncMI""'"'a.''''J1It~''''dI .. ~'''5cumItor .. riIPD ..... .,....t .............. Gn.IIIa' ... Dat be~lOGrUlorb..,. ...... i .... ~'1O,., ...--c-'l··..,acu_ ......... ~. "'a ~ .nr .. WrQa ..... Jbd~PliI~IiwM~r::llildUII_*Jtipr. ....... ., w ...... ",thctJ)~,.,..iII ... ftllStIIis.~ 1IItaii~ ... aI ............... tnerllO _ • ..-. ........ I _"_" __ "1_01 __ .. __ .. _ ............ ...,_vtt_oI _ ........ __ • -.... _ ~ II8II63U U'M:<Ol 135-31 '. ; > . ---~---_.--.-------.... ~-. '} • ( . ,,".,.' • o. ~ 7. _~ ..... n.riPu .... .....,.or"""""' __ "1k_'''''''''ioi ...... _ --"'--....... DAT!D.... /lifl! dJyof_~(b ... (.u""'9:.I<.UII"',5."T"-_____ --.I,M-. aR_ Sft-n OF _IIImOII I I as. IXIIII'lY or I _ .• 0:..= ..itt'?;; .!:Yf :! die~~'iJ·J'V.ihUl~~·~ be.!::. -.1. ___ • ,._Uy appelln<! (jI<fU, ,/,;, /l,'~ -:m~~~=iF to .. iD_ to & putiie=(s, of • fonW' 1JI.~~. -•• i4 in~~ to be 6/) free aDd volQDt.a1')' .,.a deed a.. ., ~ .' I "/,) i r~ for ........ 4 purpose_ therein _ti .... e.s • •• _ at loaM _ official ..,al the Gay _4 ,.ar 1JI this certifica~ _ writ.ten. - I ! ! ~ l -_._--------------_. f, -- . ( 1, . j I • ~ a , .. UBOC:U'r8S ORIGINAL ... 2190 noun EXHIBI'" "'''- Th&t portion of the Northwest quarter of the Soutbwest qu.rter of S.~tion 8· ~ownahip 23 No~th, Range 5 &ast, W.K •• in kino COunty, W •• hington, described as follows: CO"MENCING at the point ~f intersection of the Northe~ly line of .aid .... bdivl.ioQ with the Northerly production of the Westerly margin of Park AYenue HQrth as shown in •• tt-tTON PAU PLAT. according to the plat reoorded in Volume 10 of Plats. page 91, in King County, washington: thence south.erly along said .. rain as produced to • point thereon ·"hicb. is 11S feet Korth of the. Southerly Une of ... tel Subdivision, and the TRO£ POIR'l" OF BEGINNING; tb.n~. Me.t parallel to and a distance of 715 teet North of t~. South line of said subdivision to the Northerly produ~tlon of the centerlin~ of Pelly Avenue North (~~lly St~.etl a. shown 1n R£N1ON PARK PLAT NO. 2, acco~inq to th. plat recorded in voluae 11 of Plats, page 32. in ling County, Washington, thence Southerly along '.aid produced centerline to a point on the Nortb.rly aargin of North 6th Street (Gth Avenue Nortb) wh.cb is 30 f .. t North of the centerline ot said North 6th St~eetl thence Baate:r'ly along said Northerly margin t., the Westerly urgin of said 'ark. Avenue' ..lrth: ttu~nce Northerly along sa.id Westerly a ... g: .. to tho TRUE POINT OF BEGINNING, JaCEn the C~utb 185 feet of the Bast 107.S feet thereof as conveyed to Wesoc Corporation by deed recorded under King County Recording Mo. (970240. EXCE~ the South 10 feet thereof as conveyed to tne City of Renton for ~dvay purpos.s by c~ed recorded ande~ King COuDtr Recordlnq No. 8609111671. FU..ED FOR REtOII) AT ~BIlEST Of: _I'(MB -------E.I.lWf. w_S4IOii .... A1lII: ~ OOIMIS 11 DC 1508 ~ •. -i. i I I I 1 i i i I I j • .. ( J "OADlIAY AND UTILITIES EASEMEN'T -~~~---- ilt121 921 AH '88 THIS lttSTRllKMT, JIilde tt:lh ~day of S".",pc:t".m",b",.,,'~ _______ 19..n~ by ind between H &. H Associates IV, ~d _______________ _ a Washington General Partnerhsbip and ______________ _ By Euge~e Hocbach. and GeDars! Partner __________________________ ~.r.d ___________________ _ herehlirter clllled "Gralltor(s)," and the CITY OF'RENTOif. liny Comly, Washinglon. hereinafter called "Grantee," WlmmETH: a Municipal Carpontion of 138 .... 11).'21 tt02n e RECO F 7.00 CRSHSL """ ...... 7,00 S5 That said Grantor(~L tor and in consideratton of the S1J!Il of $ One Do11al:' _paid by Gralltee. ,and other V.Jluolble c:aniTltration. dO bylhese ptesents. granl~ain. sel1. CO/'Ivey. ,and wurant unto tilt utd Gr ... tea.- its SU(te,n(\1"$ ilnd ass1~s, an eastltent for rCNu:twIY and public utilities (1n~ludtn9' wHet and sewer) willi necessary appurtenances over. throLlgh, icross and upoo the following described property in K1l1g County. W,ashinglol1, nDr~ p,articuli!rly described as follows: ,., ~ ~ 'l'h6;t portion ot Parcel 'A', leqal description attached. being des~rlb«d •• fOllows: $ C~encing at the northeast corner of saId Parcel 'A' thence S 00 02'&6"' N. along the east lIne of said Pa~cl!l. a distance 01' 11.42 feet. to the True PoInt ot Beginning: Thence S 11 21'21 00 W a distance of 61~19 feet: The~e~ S 00 01'4&M W. parallel Mlth an~ 12,00 feet west 01' said east line of Parcel 'A' a distance of 10.00 feet: Thence S 16 39'12"' E a dIstance of 41.16 feet, to ~ald east 11ne: Thence" 00 02',U n E. alollg! saId east Une. a distance ot 170,00 feot, to the True Point of BeginnIng. To9ttner wi I.h it tel90ruy cons truction easeftnt ooscribfd as: Same as Roadway Easement above S.ld te~riry conJ.tructlon USe.nt ih.l1 remin in force <luring construe· tion Mci !.Intil such thlle IS the I'NGq),. utllitfes .n~ ,)ppurl:l!na~c:ei h.ve bHn KCeJlted tor the qter,aUon ud Nill~in(l by the Grantee but not l,ater ttwft FebTuary 1. 1989 M( -I l l • ( PARCEL IAI That port1on of the NH 1/4 ot the S" 1/4 of Section 8. T 23 H. R 6 ~. M.H., 1n Xing County, Washington described 8a follows: co .. eoelng at the point ot lnt~rBectlon of the northerly line of _aid sub!i.1vi=lor. ~1th tbg. :lOl"U:C!rly·praduction of the westerly Iiililfg~T' ot ,uk A.venue Harth •• ahc)wn in the Renton rana Plat accorcUnQ to tht plat re~Drded In Volu.e 10 or plat., page 91 1n Xing County. Haahlngton; Thence southerly along said a.rgln as produced to • point thereon wh1ch 1. 715 teet north or the southerly line of said oubdlvJ.loh and tb@ True Point of Beginning; Thence westerly parallel to and dJ.tance 718 feet north froa sald southerly line to the northerly p~uctlon of the center 11ne of 'ally Avenue Horth (pelly Street) as _hewn In Rentob fara Plat 10. 2, accordJag to the ·plat recorded in Voluae 11 of plata. page 32 in ~lng County. Washlngton; Thenee southerly alon~ sai~ produced center IJne a dJstance of 36& feet; Th@nce easterly pa~allel tD and distance 369 feet north of tbe sDutherly line Df said subdivisSon to the westerly .. rgin of eaJd Park A~ue Harth: Thence northerly alang said westerly .ar~ln to the True Point of Beginning. I. .. '.i .. ~ )- ( I j. '" .r .;.; r ~ .: ,) IT ,..- L- r- ...... ( Said heretofllt'e .. ntione4 ,Ul1t .. , it. ,I:cceuou or a .. 1, ... , .hdl h • .,. the rhht, without vrlur notice Qt' proceedLnr. .. t l .. w. at. luela ti ... II. "'7 be: Qeeu .. r, to entu upon •• U .. bove duc:rlbed pupert! IClor tbe pvrpole of r;:.onltrllcttn&, .. iDtaininl, tepaitilll, Illtuin& or neoll.truedn, •• 1.1 KtUltiu, OJ!' _kina .." connection. thu~wlth, without helliuinl l1li7 leld ob11lat1or.a or lhb\1it,Y therefore, prC'videcl, tb.t 1I11ich cOlutruction, .dntainiaa:, rEpai.ring, Ilte .. i.nl Dr reeonar.rllc:tlon or .. i4 utilitle •• h.n be IIc~OIIIJIlhhed [II lueh .... nner thAt the private i..prO'leq"t. ed.tine la the d&llth)-of-wa1 ahatl not be dilturhe4 or da_gd, the,. will be re,beed in •• ,GIld .. condidoTi .... th~1 vere ilialtdiatel, before: the proplI::(t, IIU entll:::r~ uplJn by the Cnntu. The Cr"pt .. r "ltflll !ull, t:#~ .: • .4 IiJijuj Lill~ ... fored~,.e:ribied pr •• iD.'t inclucH1l' the ri'ht to r;:r.ain tile right t., .,_e the '\lrE-lCe of •• i. riCht .. oI ...... y if .IICB lUe 4011::. no~ int(l!rien with lnlt .. U.ti.on aocl _t.te .... qe! Q£ the IIltilitiu. "<*ever, tblt gunlor lIb.il not erect buil.lo,. or ItTucture. over, under or aero._ the right-of-way duri~1 the •• bteace ",I .oeh uti-Utin. 1efhctioll.ptrOh lind .ppurt~nut ,trucl:u.,.._ vill b.t .U0we4 ia and oyn the ... e.ent, God "'ill not bit con.iclel'ed a Yiobtioa of thi •• eetlon. l'hb e .... nt, ,hdl H • covl!I!\ant runnint with the lud aud Ih.ll be biudinl Qn tb. Grantor, hia &ucce&.ot., beir~ and ••• ian •• COI' •• tOl"l eoyltllAnt that the, ue thlt lawful OWners "f the .bove prtJopertiel aM tb .. t tlle, bav •• 1004 .04 lawful l'Lgbt tQ execute this aCru_At. $TAU Of ~IM.TtII COUIlY OF kl!(G S5 -~----~----------.-! [ .. L.. [ ( 'f; ) , , :LtU fOR RECORD AT REQUEST t ,lfflCE Of T1iE em' CLERK UTILTIES #l S9~oe/29 RECD F ?,ECFEE CASHSL. 30480 III :IEmON MUNICIl'AL BLDG. EASEMENT 7.00 2.00 00 MILL AVE. SO, ''{[ON. W~ 9l'J!5 ,;0 ***1+19. 00 ":,I'l) 0 CO ~ 0 m :\! 00 0 m 00 THIS INSTRUMENT. made this 12-day of __ AU"g~U~s~t~ ______ ~,~.~,,·~-1~: --?/§,;' ~:::., ~ by and between and '-)'.::"'1 --'" :-: ?i-' 13 H & H Associates IV. and _________ ~~",-'_ _ _t;iS,-" ;~.,' g' a Washington Gen~ral Partnershib and _________ .-:,-' ~.~~.--~"'--- -.;; .. ________________________________ ,and, ________________ '-_·_~ __ ·~~~ __ _ hereinafter called "Grantor (5)" I and the CITY OF RENTON. a Municipal Corporation of King County. Washington. hereinafter called "Grantee". WITNESSETH: That said Grantor's), for and 1n consideration ot the sum of $ __ 1.00 ~id by the Grante~. and other valuable consideration. do by these presents. grant, bargain. sell. convey, and warrant unto the said Grantee, its successors and assigns. an easement for public utilities (including water ~nd sewer) with necessary appurtenances over, through across and upon the following described property 1n King County, Washington, more particularly described a9 follows: That portion of the NW 1/4 ot ~he SW 1/4 of Section S, T 23 N, R S E, W.M., in K~ng County. Washington being described as follows: Commencing at the point of intersection ot the centerline of Park Ave. N with the centerline of N 6th St .• Thence N 00 02 1 45" B, along the centeX"11ne at said Park Ave. N .• a distance of 674.93 feet. Thence N 89 51' lS" Wa distance of 30.00 feet, to the Westerly margin of said £"ark Ave. N and the True Point of Beginning; Thence continuing H 89 51' lS" W a distance of 200.79 feet .. Thence S 00 02' 45" W, parallel with said Park Ave. N a distance of 31.39 feet: Thence S 89 40' 51~ W parallel to the South line of said section subdivision a distance of 56.15 feet to an intersection with the Northerly produ~tion of the centerline of P~lly Avenue North as shown in Renton Farm Plat No.2, according to the Plat recorded in Volume 11 of plats. Page 32. Mecords of King County, Washington: Then~e S 00 01' 50~ W along sald centerline produced a distance of 15.00 feet: Thence N 89 40' 51" E a distance of $6.14 feet: Thence S 00 02' 4S" H for a distance of 35. SO feet;: Thence 5 89 40' 51" 'W a distance of 56.13 feet to said Northerly production of the centerline of Pelly Avenue North, Thence S 00 01' 50" W along said centel:'line produced a distance of 15.00 feet: Thence N 89 40' Sl" E a distance of 56.13 feet;: Thence S 00 02' 4S 11 W a distance ot 539.51 teet to the Horth 11ne of said N 6th Street;: Thence N 89 40' 51" E along said North line a Cl1srtance cf 15.00 feet: Thence N 00 02 I 4tS" E a distance of 331.68 feet.; Thence S 89 67 1 15" E a d1stance ot 170.79 feet: Thence S 00 02' 45" H a distance of 11.59 teet to the North line of the South 359.00 feet of said section subdivision: Thence N 09 40' 51" E a distance of 15.00 feet to the West line of Park Avenue Harth, Thence N 00 02 1 45 11 E along said West line a distance of 7}.49 feet: Thence N 69 57' lS" W a distance of 25.00 feet; Thence S 00 02 I 45" W a distance of 45.00 feet: Thence N 89 57' 15" W a distance of 160.79 feet. ThenCe N 00021 4510 E a d1stance of 274.62 feet: Thence S 89 57' 15" E a diatance of 170.79 feet: Thence S 00 02 1 45 ,I H' a distance ~t 81.95 feet; Thence S 89 57 15" E a distance of 1S.00 feet to the West 11ne of Park Avenue North, Thence N 00 02' 45" E along said west 11ne a distance of 96.95 feet to the True Point of Beginning. U8#1-1 Neil S. cabbage P.L.S. # 23345 John R. Ewing & Associates Kent, WA 98032 August 10, 1989 EXCiS,,;",:; ''--,; SEQU;AED ;;.,-.) C. : ,_,,':;:; L:;',;~:(" By. ~' (;{l~j£f.) O'puly -----------~~----------------- <0 Cf:) Said heretofore onentloned grantee, I ts successors or a .. lgns, shall have the right, without prior notice or proceeding at law. a t such times IS lillY be necessary to enter upon sold above described property for the purpose of construct- Ing. IIIllntalnlng. repairing, altering or reconstructing said utilities, or •• klng any connections therewith. without Incurring any legal obllg.tlon. or liability . therefore, provided, that such tonstruct1on. maintaintng. repairing, lltertng or reconstruction of Slid utilities shall be accomplished In sucb • IIIlnner that the prlVlte Iq>rov ..... t. existing In the rlghtl.loOf-way .hall not be disturbed or dlAlaged, they will be replaced In a. good a condition as tb~ were ilMledhtely bef.re the property was entered upon by the Grantee. The Grantor .hall fully use .nd enjoy thr.. af.redescrlbed pr ... l,es, Includln9 the right to reutn the right to use the .urface of satd rlght-of-w.y If .uch us, 4.e. fIOt tnterfer. with Installation and matnteMnce of the uttlltles. However, the gr.ntor sh.11 not erect building. or structures over, under or acro.s tbe right-of-way during the exl.tence of such uttlitle •• This easement, sh.11 be a covenant running with the land and shall be binding on the Grantor, his successors, heirs and ."igns. Grantors covenant that they are the lawful own.rs of the above properties and that they hove a good .nd lawful right to ex. t. thiS agreement. H & AS CUT IV, Washington Ceneral Partnership -:~~~~~~~~~~~and ______________________ _ ~ \ and _______ . _______ _ ~--+Z~~*~~r.~~~k.~lJ~s~(~~-.1~~~;~~r~~~%a~n.~r~and--------------------- ~ and ________________ _ c;o ::::> .• ,,~ :::c STATE OF WASHINGTON, l so. County or King r '/ =r~::: ~ kuow or )!Rve snU~fhel.ory c:vidcltee LJmt Michael R. Mastro and Eugene Horbath • & rumenL,onoaLhstab:dthat they are nuth Ii dlo .L.· itas the C'!neral Partners r 0 ze execute ... ~ InstrunKmLand acknowledged to be the rree nod ".ohm . 0 H & M Associates IV lary act or such party for the uses pllI'J)oM>a tnenUoncd in this }!"humenL 8-.10-89 ~. -' . .. ' ;~ .. ,. Rotary Piiblli: In and tor the Slot. or-_______ " residing ot __ _ UE12-2 b ,- 0 00 ~ i 0 Q') ~ 00 0 '\ Q') ! 00 ;' .l,., '''', . . " , ..•... ,. " EASEMENT SKETCH LOT ESMT 18,955 .q. It, 0.43 acros t 23, 1989 • ~ ,.1 . ~ ~ on I Nelt S. cabbege P.LS. 123345 I John R. Ewtng & Assoc lUes Kent, NA. 98032 "-" , .' 'LW fOR RECORD AT REUUEST L 'JFflC£ OF tilE CItY CLERK HENTON MUNICIPAL SLOG. 200 MilL AVE. SO. -'~TO", WA 98~55 In the HoHler of for and In consideration of S I DE\IAL~ AREAS 89/08 .... 29 REeD F RECFEE CRSHSL 10481 IR 7.00 Od' noc:reby I.\.lnvey 11111;; "if''':;: unto Lhll CI ty of Rent license and easerne,H to use and occupy the her' ~n, the p::!:rpetual right. ponnlt. of rcpalrlny, constructing and ~lntal"ln oa~na ter described land, for th~ purpo~~ tlon and/or emb~nklOCnt, said la",dl bl!lng :';uilt ~)'lsl~pcs .lnd sidewalk .. rciII¥ In eXCo1Vi!· Wa5hington, al\d d~sc .. ibed as follows, to .... ,it: (! n enton, Kin" County, Statt: of That portion ot ?d.rccl "All, legal description attachC!d. bclng described as follows: Commencir.g at the Northeast eorner or said Pa rcel"A " ~ Thence S 8~ 40' 51" W a distance of 0.40 {eet along t.he North line of .said Pn.rcel "A"; Thence S 00 OZ' 4S" W a distance or 77 .. 00 reeL parallel to the East Hnc or said parcel HAlo Thence S 11 25' OS" W a dhtance of 61.86 feet; Thence S 00 OZ' Z III \V a distance or 11. 99 (oct; -Thence 5 16 38' 44 11 E a distance oC"4Z.44 Cc~t; Thenc~ S 00 OZ' 45" W a distance or 105.72 Ceet par;lllc1lo the East line or said Parent "A" to a poin on the south line or snid Parcel "A" ; Thence N 89 40' 51" E a distance-oC 0.40 reet along the South Une or said Parcel "An to the Southeast corner or said Parcel "AU; Th('nce N 00 Ol' 45" E o.lon~ the East line QC aRid Parccl"An a diI!Jtnncc oC 3S6.01 rl~ell'noru-or less to the Norlheast corneT of s;!lid Parcel ITAII and The point of Beginning • • the speclfl~ d~'talh coocetnfng .all of whJ(h are to be found within that of definite lO(;U!On nc.w of record and on fila In lhl! or(le!! of the. City kenton, \luhlngtor" and bl!.arlng datI!. .,f approval. cortolin map El1gfneer of and '7w--e.· / ~ ;?p:-/k and and E;\CI~:"~"~"~:~\?\~!~2~~" [~~;~1~jj:=!ED , ... ,-,' (1/' I" . ~.'._ .. t:c._ .... ~<y.iY..t. Dopuly STATE OF WA\HlNGTOIl 55 COUtHY Of KING I, the undersi9ned, a notdry public in and for the State or vashtnftont hereby certify that OIl this 17 diloi of August 19~_89 personal y appeared before nl! -- .nd MICHAEL R. MASTRO EUGENE HOR9l\CII .nd~~~~~~~~~~~~~~~~~=;;;;~;;~;;~~~~~~::=:::::::: and and ~ t to me known to beTniJ1vJduai(s) descMbed tn ,anu WnO e:N.ecuterne foregoing Insttu(Jent, and .acknQwledged that THEY signed and sealed the S.aMe as THEIR free and vQluntary {'let and deecf"'""l'OF":.he. uses ar,d purposes therein rrentlflned, u len ~'-. ,";.-- ton, rest * The purpose of thi 5 easement document is 0 of an existing sidewalk that lies outsid the easement under King County Auditor's File # 8810210273. \ d PARCEL ·A' That portion of the NW 1/4 ot the Sill 1/4 of Section 8, T 23 H, R 5 E, W.M., in King County~ Washington described as follows: Comaonclng at the point ot Intersee~lon ot the Northerly line of said subdivision with the Kortherly proQuctlon of the Westerly margin of Park Aven~e North a& sbown in the Renton Farm Plat according to the plat recorded In VolUme 10 of plats, page 97 in King County. Washlngtcn: Thence Southerly along saJd margin as produced to a pnint thereon which is 715 feet North of the Southerly line of said subd!vlsion and the True Point of Beginning; thence We9terly paral1~1 to and distance 115 feet North from said Southerly line to the Northerly production of the center lIne of Pelly Avenue North (pel1y Street) as shown in Renton Farm P]nt No. 2 acco~ding to the plat recorded 1n Voluae 11 ot plats, page 32 in King County, Was~lngton; Thence Southerly along said produced center ~ine a distance of 356 feet; Thence Easterly parallel to and 41starlce 359 feet North of the Souther:y line of said Bubdivision to the Neaterly margin ot said Park Avenue North; Thence Northerly along said Westerly margin to the True ('oint of Beginning. NEIL S. CABBAGE P. L. S. ,Z3345 JOHN R. EWING 8< ASSOCIATES 255.96' .-I 00 ~ 0 i a. ~ 00 0 a. OC;. / r EASEMEtH SKETCH ASPHAlT N BASIS OF BEARING PARK AVE. N. SCALE 1N = 3D' PARK I'I.AZA eUII.DING pARi:£'-."," ASPH.-J..T 256.87' HDI. S. CABBAGE P.l.s, 12J~ JOHN R. £WING AND ~An:S j , :Z. !Ii « '" 0: .. Q. .'tIIIAL -.~ uTltnu:s II !.~!!.~!.!!.l ' • .1 > .~ THIS INSTRWft"Ht. lII,tcr1! thfsLdty 0'_..:..,,'/'-""':". '-__ -'-______ " ,Y. by and belwun E &: H ProRt-rtles .nd' _____________ _ _______________ ---""4 j" ________________________ ~.nd' _______________________ ..; _______________ ---'~d'--____ --_______ ___ htNlndttr c.U.d "SfltltOr{s)", and the CITY or R£HTOH, a Hunrc/pal CorporatflJll of ~Int Co~nt'ft Washlngtolt. hereinafter ~lIed "Q""~n". \/1 TNESSETH: That Slid Gr .. "tor()~, fo!'" and If. (.Of1$ldllr~t'on of the sum of S ! ~ --;::::;-;;~;:;;:;_:....,:::o;;...,""::-:r.:_~p.ld by Gnllt ••• and otller-valuable "onsI4~.= .. ~t~I~.~n-.~do"""rbY".. thue ,resents. grtnt. ',rgaln. sell. co" ... ey. oiInd warl'.1ont unto the U'd G.--ntee. lu suttesso", end eSllgns, .n "I~nt for public utllll1e\ (Includl~ w.ter .nd sew.r) wIth nece,sery appurte~.nte, over, through, it!'"OI' .nd upon the following described property In King County, W.shlngto~, more parllc~larly described as follcw~. i WATERLINE EAS£MEHT 6.00 ~.OO ~ 89/11/09 REeD F REcFEe- C!=tSHSl ,...,.. ... "'8.00 55 10 ~ .. g § ~ ~ '" .. Q .. '" the north 15.00 feet of the east 30.00 feet and the ~dt 18.00 feet at the north 15.00 feet of the 80uth 185.00 teet of the follOHin~ described parcel; rhe east 100 feet of the HN 1/4 of the SW 1/4 of Section " T 23 N. R & B. W.M., In King County, Washington, ~xcept the south 315 feet tbereof; Egcept that portion 1ylnq north ot the westerly productIon of the north line of Lot 1. Block 4, R~nton Par. Acreage. according to plat reCQrded 10 Volume 12 of plats. page 37 in King county, Washington; Except tbe weet 10 teet thereof conveyed to the Ctty of Renton by deed recorded under Auditor's Pile No. 3326234. fogetber wJth 'ote 1 and 2 of Block 4 in the Renton Para Acreage aD recorded 1n Voluae 12 of the plats on page 37 tecords of ling CO\lll'ty. M6ahtftg'ton; Together with the south half of vacated north 7th Street -ajoln1ag, .. ~.c.ted under Ordinance 90. 3327 of the City of Rentoll; Together with tb ... lley adjoIning to the west, .. vacated under OrdJnance Mo. 4048 of the 01ty of Renton. ~ :::= ;; -. ~ ~ ,ll .. .~ .. ~f~};i '" c w~:;,: EXCISE TM NOT REQUIRED 1<0;(;0._- .... Q0.""-, - ,,,W FOR RECORO AT REQUEST ~ IJIlIa Of lH£ CITY ClfRil REHIOft IlUNICIPJIl 8LDG. 200 Mill AVE. SO. REHIOft. 1M 980>5 1IE11-1 I I I '",-. " S.td herttof.".. .. ttone4 grantee, tts SUCClSSOrs Dr assigns. shill '"ve the rt~t. without prior nattt. or proceeding It lew, It such tl ••• s ..,. bo "CHIII7 10 •• ter _ Slid 11>0 .. de •• M'" proport,y for 111. pu"" .. of constructt"g •• tntlfntng, ,..,.Irilli. altlrlng 01" reQIIIstructln, s.f4 umICy. or .. Un, lit' ...... t1I11S tho....ttll. 011110ut .ncurrlng 1111'1", ",Ugltl_ or , .... 1111l' 1111 .. ' ..... prorided. IIIIt sudl constructllll ... 10- tll •• n,. "PllM., •• 'terl., .r .... lIIot"'.tl .. of sud> utll tty sill" be ... "'" Islled t_ such a _ .. r that the prhate 1",_nb .xtstt_g 1_ 1111 rtl/lt Ml/ltls)-of-o. s~a" .. t ... tstuHled ,.r d_d. or 1_ the i_t I1Iet ... IIIUuHled or d_d. lIItl'"m be ... pheed I. IS good I .. _III CIon IS IIItl' ..... t_III '''''' bo' .... the property .. s •• te ... d _ b, 1111 ", .. tee. TIlt Brlntor sh.II ,.11, use lid enjoy IIIe If_des.rlbe. p .... l .... I_c'udln, the MgIIt to ... tatn IIIe rtgllt to u .. IIIe .urfl" of Sltd right-of-way If such us. does lOOt Interf .... wltII I.stall.tton en ... tntenon ... f IIIe gUilty Hne. However. tM: gnntor wll not etec:t buildings or sttuctuNS over .. un.r or IcrosS the rIght-of.."., dvrtng the I .. huna of such utiltty. .... Tbfs eiselll!!nt ••• n .. I COVIniftt rvantn9 with the land an. shin be bind- tng on the Grantor. his successors, heirs and ISstgnS. Cranto" ccweunt that they Ire the lIwfal owners of the lbove properttes and thlt the.v !tnt I good Iftd lawful rtlllt to eM:cute this tgreellll!nt • • & H 1'IlO1,'llRTJ'" .,d 1:'1";;, 't< ' an' /~'IL"L ,.,;o/l~".. and STATE OF WASHlftGTOt COIltTY OF KIMG SS Ind , " I, the lIId1ntgned, I notary PUbNC fn and for the SJ,W of WNhlnrton ••• ruy".: certify tfllt COl tills .fJL.day oft,put "D'-personol, _".d'"" baf .... nf. ,/ , . ond ~ f,JtoJ.'I-d-, ' " IIId , . and ; .'. and ; to. MIMI til bi Indhi4iiljE_Cri6ill" In ana wno eJeCutii W fO,.~1.t~nsErwent. &ltd tUnCIIlll1edptd that ~"j Itped and sl.led the SIIDI II free Md voltntlry .-c:t and 4eta fir. UtI _s" and purposes thentA .. tione • " . .;.... ."'n. Y/ ... : ...... ~. ~ tt~ ~~:~~ i ~ • ~ ;; t ;t ~ >-' .... '" '1\ « w "' w <> z « " tt5 ~b zz '")' "" .. ' ..,'f "'~ "-'" 'f -"'~ ~z 05 0-" '"'" z'" 0'" F -"Z wO ",0- Z .z~ '" '" w iE ... 0 ~ :0 ~;" -'. ~. o • • • CAC-052 w 91 FILED fOR RECORD AT REQUES, ", OffiCE Of THE CI1Y ClERII RENTON \lUllCIPAl. 91JlG. 200 MILL AY£. SO. ROOOll, WA 980S5 :x ::>-~ :;. AGREEMENT AND L1CENSE FOR FlRE MAIN INTER-TIE AT NORTH BTU ST. AIID PARK AVENUE -- ...... '-" THIS AOREEI'EN'l: h mad. this ~ day of ~. ,-' i9$ between The City of Renton, a ~nicjpal corporati ; (·G~antor~ herein) and The Boeing Company by and t~tough its division, Boeing Commercial Airplane Group, (·Grantee~ herein). 'eoj tats I. Grantor has requested that Grantee construct and maintain a flre ~ain inte~-tie (as hereinafter aefined ) for the purposes of providin9 increased fire protection. II. Gr8ntee has agreed to undertake such const~uction and maintenance subject to Grantor granting licenses for p~rposes of" such construction and maintenance. III. Grantor and Grantee desire to enter into this agreement setting forth their respective obligations and rights regarding such license. Agreements In consideration of the pe~formince by Grantee of the covenants, terms and conditions berelnafter set forth. Grantor hereby grants to Grantee the following licenses: A. "A license across. al-on9, in, upon and under· Grantor· s property described in Exhibit A (plan sheet Cl of the ~ir. Water ·Inter-ties projQct, Harris Group Inc. contract '90-1117. Boeing job 130U60), .ttached ·bereto ~lIPd by thh reference made a part hereof, for the purpose of installing, constructing, operating, .aintainin9, r~inq, repJiriDQ. repl.cing and using a fire main inter-tie near tbe intersection of Borth 8th Street and Paxk AveDue IIOrtb consisting of tbe enthe util1ty assembly froll tbe . point of conaeotioll into Grantec's Wtlter-Main near the interseCtion of Bortb 8t~ StIeet-and Park Avenue Borth over-to the point o'f connection iDto Grantee':s; fire aain on tbe west side of Park Avenue North, including all piping,:valves, meters~ specialty items, valve vaults, equipment vaults, electric.l equipment, electrical services. concrete wo~k and paving (he:r:e1n the "tntet-tie-J, together with the nonexclusive right of ingress to and e9re55:fro. said property fOr the foreqoing purposes; 91 .... ~3. -1 - REeD F RECFEE C~SH5L '101/oeo lie .. 5:3'/ ,)0 4q /If 13.00 2.00 +·>1<"15.·00 =~-""!"!'I""'!!I!!'!IJI"-:-:----' -_.-.-_ ~c' • .. ...... '\ .: ,. .. • I · • • ----"-' -_.-_. -_.-_ .. --_ .. --_. __ .... -... -. __ ._----.. --... -. _. -_. __ ... -------.- o .e • B. A te~orary license for pulposee necessarily and reasonably related to~be construction of the Inter-tie across, alon9~ in, upon, and under Grantor's property described in Exbibit B (Plan Sh6et Cl of the Fire Water Inter-Ties project, Harrls Group Inc. co~tract '90-1177. Boeing job '3018~O) attached hereto and by this reference made a Pitt bereof, said license to commence on the date of this instrument and to terninate when construction of the Inter-tie is complet~ and the portion of the Inter-tie on the property described in Exhibit B is conveyed to Grantor by Orantee by a bill of sale; and C. A license for ingress to ind egres. from the property described in Exhibit A and B hereto upon, along, an4 across Grantor's property described in Esbibit C consisting of Plan Sheet Cl of the Fire water Inter-Ties project, Hlr~is Oroup Ine. contract '90-1177, Boein9 job #301860} attached hereto and by this reference made a part bereof. The terms -license-and -license area-in this instrument refer to the licenses granted with respect to the property desCribed in Exhibits A and C~ and. for the period of its duration, the license qrante4 witb respect to the property described in Exhibit B. This license is granted subject to aDd conditioned upon tbe following te~, conditions and covenants whicb Grantee hereby pro_iaes to faithfully and fully observe and perform. 1. t. Grantee shall bear and promptly pay construction of the Inter-tie. Grantor costs and expenses associated with the maintenance the Inter-tie upon orantor', property described in such Inter-tie to be conveyed to Gl"antor by Grantee of Sale. Qrantee shan pay aU costa and expenses associated with the maintenance and repair of the Inter-tie in the license area described in Exhibit A. 2. ~ieationl. Grantee shall construct the Inter~tie in accordance with the specifications for the project .et forth in Technical SpecUigltions for Fire "atel Int'r-H'.,. Harris. Group project no. 90-1177,. Boeing job DO. 301860, dated?"" '110 (the -Tecbnical Specifications-.) 3. Approval of ,i'OI. Prior .. to. anr coDStructioD, alteration, ·replaca.ent or"r.eaoval of the Inter-tie, • notification.ad p~ans for.:the sa_ 8h.~1 be aublaittecl in writ~n, ~o ·Gr~ntoZ' br Grantee aDd no s\lcb work b7 ·OriilRtee shill be co.MtlIced witJIout Grantor's prior written approval of tbe plans tberefor, ·which apprQval lihaU ~ot be:unrenonably withheld oZ'·4ell7ed: . PROVIDED, ~,~ that in the ey@t·of all!. emer9eDCf"requiting inriediate action by Grantee for the protection 01 ttl facIlities or otJi,r .. pet:50ns· or propertr, Gllnt.··Ur t.te· ncb action upon $uCb'notice to Grantor IS is reasonable unde~ tbe - 2 ~ 150LEI '\ • I· • l , y "~-'-"It ii&..yj).j'--' 25]<..1.0",,,, " .... " ... ~: .,~~:l$lC;l -"..::.;:;-~-.--._ .. • • • circumstancea. G~8ntor haa approved the plans and specifications Bet forth in Grantee" above-mentioned Technical Specifications. - 4. CnQrdinatign of Actiyjtie&. Grantee shall coordinate the dates·of its construction and othar eajor activities-on Grantor's propert)-with Mlic !orb Fl!!!f MIlint.Dept, or such other. employee of Grantor as Grantor may from time to time oesignate, and Grantor shall make the license area readily accessible to Grantee, and free fro~ obatructioDS and other uses that may interfere with construction of the Inter-tie or its use the~eafter~ PROVIDED, HOWEVER, that in the event of an emergency requiring immediate action bf Grantee for the protection of its fecilitie8 or other personS or property, Grantee may take such ~ction upon such notice to Grantor as is reasonable under the circumstances. 5. WOrk St'ad,rds. Upon completion of construction of the portion of the Inter-tie on Grantor"a property, and upon co~letion of any subsequent work performed by Grantee on Gr~ntor's property, Grantee shall remove all debris and restore the surface of the property as neuly as p08S'ible to the condition in which it was at the cQmmencement of such wort, and shall replace any property corner "monuments; survey reference or hubs which were ~ilturbed or destroyed during construction. 6. Access by Gootee puring construction. Grantor shall make pro~islcns fOr continued access by Grantee along, over, under, and across Pack Avenue and North 8th Street during periods in which Grantee 11 conductin~ conltruetion. During construction, Grantee shall endeavo& to ~ihi.ize interfecence with the free pa$sage of traffic along ra~k ~venue and Korth 8th Street: PROVIDED, POHEVER, that G~antee m.y divert traffic as neede4 to accomplish construetion. Grantee sball submit to Grantor for approval a written plan for diversioD of traffic, such ~pproval shall be granted within seven (7) days-of receipt of lucb plan and shall not be unreu:cDi!IIbly withheld, 7. grantee's Use and ActiyitIes. Grantee shall at ~ll ti~a conduct its activities ·OD Grantor's property so a~ not to unreasonably interfere with, obstruct or endanger Grantor·s operations or facilities, 8. VB' Q( the Lisen •• AtO' by Grantor, Grantee bas been advised 'atld is • .,are that: . Grantor is uSing or intends to use the property subiject to this A9~ee.eDt rc~ the· pu~po •• of public right of way. Grantor ~y continue to use the prolOtty for .ucb PGrpose so long as the use does-Qot ureaaonably ititerfere with Grantee's e~ercise cf its rights under tbe license. 9. Interforence Wit.h Gnntot'. futuro faCilitjel. pa.r.ilgra:ph 10' herein. 1a tl:\e e"ent Grlint:or dedrea to facilities relating to Grantor's operations on or io -3 - silbject" to construet the ..... ----'-_._ ... '\ ... • I-• .,.. 0 • • vicinity of the license ~rea desc~ibed·in Ezbibit A bereto, and the location Ot existence of the Inter-tie located in the license area Gesctibe4 in Exhlbit A substantially interferes with such pxoposed facilities or construction tbereof, or make! such construction or facilities 8ubstan.t11l1y more upens!ve, Grantee shall either in ita 80Ie discretion, Ca) relocate, protect or modify t.he lnter-ti~ located in the license area described in Exhibit A so 8S to eliminate luch interference or expense or (h) reimburse Crantor fot ita added costs Gf design, construction, installation andlor acquisition of other property. but Gran.tee shall be obligated to act under Ca> or (b) only upon the following conditions: (1) The location and existence of the Inter-tie is the sole cause of 8uoh ibte~feEenc. or espense~ PROVIDED, HONEVBR, tbis condition shall Dot be .pplicable if .11 other C8uses contributing to sucb inteEference and ezpense existed pr1o~ to the lnstallatioD of the tnter-tie. (H) Gt:ant.Ot: absll bave given OUnt" a~ance wJ:itt.en notice of its intention to undertake any sueh construction, together with preliminar,y plans and specifications fot such work, identifying the potential conflict and all ~esign info~tion relating thereto. Such notice and pllns shall be given in no event later than lilt:.. (!.) months prior to the commencement of the NOrk~ (iii) Grantor shall cooperate with Grantee in developing and considering various alternative designs for Grantor"s facUities and shall supply all arantor"s design data necessary therefor; (iv) Gr.ntor aball provide Grantee with such additional information a. i. avail.ble with respect to"tbe cOQstruction aad operation of ita faoilities to enable Grantee to 4etermine the feasibility of any alteration and/or telocation of tbe Inter-tie located in tbe license area described in Exhiblt A or GraDtor~. proposed facilities to •• oi4 or dl.inilh the conflict between such fBclittles. (v) Grantor ~.ll _aamd -tbh A9reement with respect to tbe license area 4escribed in'EKblbit A, aDd aball pr.~vi4e Grantee with such tempor,1Y d'!fbta aDd auch " additiop.l liC1!n •• tights" OD the properq a. ;11:. required to .cc~.te·anr alteration aDdlor ieloCafion of the Ioter-tie on Crantor·. propertr so 'a to enable GrlDtee to avoid or-di.iniah the rilk of damage or deltruction to, and interference w"itb, tbe" operatioD. aDd ... iaten.nee Of the Inter-tie. Grantee sball 9~ye 1:'ri~ten notice to GraDtOr "~thlD tWo (2) months of Grantor"s-"vlYiDg to Gl'Int,ee the notice and ot~r information specified in" eondition (il) of this paragtaph 9, -. -, ..... "I • • 'I · • l .,,~'""·'4tii"$@w+:2sm;I[1--91"i •. ,' ".?~?<lg, ) --_..-._--------------- o • • by which notice Grantee will elect to <a' reloc~te, protect or modify the Inter-tie "located on the property described in Exhibit A,· or (b) reimbursE! Grantor for its said added costs. If Grantee elects to relocate, protect or modify the Inter-tie, it Ihall commence work promptly and diligently prosecute such work to· completion prior to the scheduled date of commencement of Grantor's construction. Grantor's added costs reiRbura.ble un4er this paragraph shall be onl~ those direct and aotual reasonable costs necessarily incurred by reason of the location or existence of the Inter-tie located on the property described in Exhi~it A. 10. WideniDg Qf Bights of ·Wsy. If G~antor elects to widen or otherwise alter .or modify park Avenue or North 8th Street such that Grantor condemns or otherwise takes possession of property owned by Grantee that contains any part of the Inter-tie, Grantor 19reel to e.tend the lic8Dae 9rant~ with respect to the property described in E~hibit A to include such newly acquired property at no addltioDal cost to Grantee. . This section 10 in no way constitutes an agreement or admission by Grantee that Grantor is entitled to take possession of property owned by Grantee. 11. HQld HAraJAsa. Grantee shall defend, indemnify and hold harmless Grantor, from and against all actions I causes of action, 11,bilitie$, claims, Buits, judgments. liens, awards and damages, of any kind and nature whatsoever (hereinafter referred to as ·Claims~), for property damage. personal injury or deatb and ezpenses, cOlta of litigation and counsel fees related thereto, or incident to establishing the right to indemnification, in any way related to the Agr~ament, the performanee thereof by Grantee or its subcontractors, including without limitatioD tbe provision of services, personnel, facilities, equipmeDt. support supervision or review, to the extent such Claima arise out of any negligent act or omission of Grantee or itl lubcontr,ctor. 'this indemnlt:r :will be applicable to • chill onlT if Grantor: (1) not!.!ie. Gnntee of the claill or liability in writlD9 within IQCh tl .. 'I to pe~it Grantee to protect itl interestl; (11) pe~tl Grantee to defend or settle a911nat the ell!. or liobility; olld (iii) cooperates witb Grlntee i~ Iny defense of settlement I,Blnst -tbe clai. or liability. 12. Commergill Gen.,al Li'hjlity IDlurApSo, ThtOU9bout the period of ~rfor .. nc. of thil Agreement. Grantee.shall carry aoo .aiDt~iD, lad IUU eDaure ·that itl lu.bcoDtr.ictora ··carry and .. irit.iu. Ca..erci,l GeQer.l.Lla~ilitT in.uranee witb liIlit:ls of not lea. thaD TWO JIlillioD. DoUan (12,000,000) per occurrence tOt bodily Injury, includiDg de.th. Clamaqe or, -5--.. OlD • I · .. • • • o • • alternatively, Two Million Dollar. ($2,000,000) per occurrence lingle limit for bodily injury and property"d..age co.bined. Such insuraDce ablll be in a form and wltb iOlurers reasonably acceptable to Grantor, and shall contain co~er.ge for all premise. and operatioDS, broad fo~ property d~ge aDd contractual liability (including without limitation, that specifically assumed herein). ADy policy whiCh provides the insurance required under this paravrapb 12 Iball name Grantor as additional insureds to the ext.ot of tbe contractual obligation set forth in Paragraph 11 above. 13. Wprkers' Compenlltipp. Throughout the period of performance of this Agreement, qrantee ahall cover or naintlin insurance, and shall ensure that it. subcontractors cover o~ lIaintai·n insurance, in accordo.DCe with tbe appllcable laws relating to workers' compensation, with reapect to all of thei~ respective _ploree8 ,,(.,.king on or about the licen8e nea, rageardleS8 of whether Buch C011erage Or insurance is mandatory or merely elective ·uruJet tbe liW. Grantee shall also catry and _.intaln, and enlura tbat its lubcontractors carry and maintain. Employers Liability coverage with limits of not less than one Million Dollars ($1,000,000) per accident. 14. Certificates of Insurance. Prior to the commencement of the work. Grantee Ihall provide for Grantor's review and approval certificates of insurance reflecting full compliance with the requirementl set fortb in Paragraphs 12 and 13 above. Such certificates shall be kept current and in compliance throughout the ter,a of the Agreement and sball provide for thirty (30) days advance written notice to Grantor in" the event of cancellation. 15. Termination of L1eonlQ. Either party may. upon 6 months advance written notice, te~lnate the license; PROVIDED, HOHEVER, that no termination may occur by Grantor during the initial two year period commencing on the Oate of this Agreement. 16. Bempyal Of Inter_tjo po Tlxmia.tion. upon Iny ~ermination of this Agre.-eat, GraAtee 8hall. O~ or before the effective date of teradnatioD, ·"1'8110"8 the later-tie frOlI the lic;ense area described: in Ethibit A .. I. : .... tore the ground of sue,", area to tbe conditio ... DOW: exilt·iA9, or. ill the alternetive, take sucb·other -utua117·';r,.able ... aure. to IDiQi.toe tile i .... ct Of tile .lat.r-U. oa t ... property d...,db04 . in .E;xbll;t.it A. SUch 1IOrk,-: 'rem".l aDd r •• torlt{oD .bln .be - done· at:·"the sale: co..t aDd upeaae of Greatee aDd: ill a MDDeI 'reasonablJ' Batllflctory to Grantor. - 6 - , ) ... • I. · • / 'Aft_.ln . " .' • • 17. MgtiCO" Notices t~ulre4 to be in writin9 und~r this Agreement shall be given 8S follows: If to Grantor: If to Grantee: The City of Renton The Boeing Company P.O. BOll: 3707, Seattle, washl~qton 98124-2207 Attenti"ons Director of Facilitiee Renton Di~ision. MIS 63~02 Notices shall be deemed effective, if mailed, upon the second business day following deposit thereof in tho United Stlte. mails, posta98 prepaid, certified or registered =a11, ra~urn receipt requeated,. or upon delivery thereof if otherwise given. Either party may change the addre$~_ to which notices may be given by giving notice as above provided. 18. AAsjgnment. Reither Grantor nor Grantee sh'll essign it$ rights, privIleges. obligations or liabilitiea hereun4er without· the prior written conseJtit of the other party which consent sball ~ot be unreasonably witbheld or delayed; PROVIDtD, ~T, Grantee may a8sign its right$, privileges, obligations and liabilities beteunder .to ita divisions and subsidiaries without the prior Con.ant of Grantor. 19. SycceslQr3. Subject to the preceding paragraph, the riqhts and obligation. of the p.rtle. Shill inure to the benefit of ana be binding upon tbei~ respective successors and assigns. EXECUTED as ot the date hereinabove let forth. The City of Renton Tbe Boeing Co~pany tbrough its dlvlBion, lIoeing Commercial Alrpli11ne Grou.p 87' y:tt '7Z""ylr!fl Title; Ot(~{..n.-· 4."'f ~C{fJ·TI~) -7 -llOUl '\ .. • • • . '.- .'--. • • • • STATE OF WASHINGTON ) ) ... CO\IHTY OF . ) I certify tbat I know or blve .atilfactory evidence tbat 'i~-=~==;:;:~~~Signed thls inltxument, on oath_ltated that .a. authorized to uecu.te the inst:rUJlent and acluiowledged it al tbe . of -=--,,.,,-,_=:-_ to be tbe free Ina voluntary act of such party for the Ules an~ purpose. mentioned in tbe instrument. DATED ________ _ IOTAKr PUBLIC in aDd fot tbe state of wasblngtoa, residing at ______ ~ My AfPoint ... nt bpires: STATE OF WASHINGTON CO\IHTY OF K~ as. -t: 1 certify tbat 1 know or bave .. thfactory evidence that .6-Pl4C:!"!lLms! 1 Q signed this iostntPWiDt, on o.tb atated that 1lL.",-= woo IUBor~r. to .xecute~bfi&.trUlllent and acknowleCIgedi it al the 1'< . of .... J co to be the free and yoluntary let of lucb party fOE the Ulel and purposes mentioned 1n the iostrument. • L~ __ ._= .. ~~ ______ ......;.o.·i ___ ~~"",--,. _ n_'--_'-_ .. ____ ,_ ,_ . - " ) • . .~' I· · '\ . .. ;. • • .. • ! -~~~~~~~~~~[;!===~ . \) -T-~-i 1-. ~""'I----l-+--Ii!~-+----- \1! • -~~I~~~~~u4, o 0 I . -... ..... = J , .. EIISEHENT For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, THE BOEING COMPANY, a Delaware corporation, (-Grantor" heroin), hereby grants and conveys and warrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation ("pugee" herein), for the purposes hereinafter set forth a nonexclusive perpetual easement, over, across and under the following described real property (the "Property") : See Exhibits C-l through C-9 Inclusive 1. purpose. Puget shall have the right to construct, operate, mainta.1n, repair, replace and enlarge an electri,= transmission/distribution substations and one or more electric transmission and/or distribution lines, oyer, undec, and upon Property together with all necessary or convenient aputtenances ~ thereto, which may include but are not limited to the following: .-lJ o M Transformers, power circuit breakers, and other electrical equipment. Concrete foundation pads. Overhead transmission and/or distribution lines including poles and/or tOwers with switches, crossarms, braces, guys and anchors. Underground transmission or distribution lines including conduits, cables, vaults, switches, and manholes. overhead and/or underground communication and signal lines. Access roads. security fencing, retaining walls and rockeLies. Landscaping and irrigation systems. 1% EXCISET X 0 Drainage and water retention facilities. [) ~ N T REQUIRED control house. KIng Co. ecords Division F i be r opt i C5 • 8y -.....". .... J.I4.d.;f-"::::l!iL_ 2. Clearing, Grading and Maintenance. Puget shall h right to cut and remove or otherwise dispose of any and all brush and trees presently existing upon the Property. Puget shall also have the r igh t to control, on a continu i ng bas i 5 and by any prudent and reasonable means, the establishment and growth of trees, b~ush and other vegetation upon the Property which could, in the opinion of Puget, inte~fere with the exercise of puget's rights herein or create a hazard to Puget's facilities. Puget shall also have the right to excavate the property and modlEy the contour of the land to the limited extent necessary to construct an electrical substation. 3. Compliance 'lfith Laws and Rules. puget shall at all times exercise lts rights herGln in accordance with the requirements (as from time to time amend~d) and all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. 4. Exclusive Occupation. Puget shall have the exclusive right of occupation of the -High Side· portion of the fenced substation and no other party, including Grantor ~ shall have the right to enter upon or occupy that portion of the substation without prior written notice to and pet"mission from puget. Grantor shall not grant O( convey rights of any kind to any third party for use of the "High Side" without prior written approval and consent from Puget. Granto~ shall have the exclusive right of occupation of the "Low side" portion of the fenced substation and no other party, including Pugct, shall have the right to enter upon or occupy that portion of the substation without prior written notice to and permission from Grantor. HO'oievcr, that in the event of an emergency requiring I immediate actlon by Puget and/or G~antor for the protection of its facilities or other persons or property, puget and/or Grantor may take such action upon such notice to Puget and/or Grantor as is -1- 1\,,5) '1 CIl "olS AC.,;r.j_ j(.J 9 DC 3552 .. =====~-~----------:;: ... --- , Ilep"y ., , i !: , " • reasonable under the circumstances. 5. Puget'S Use and Activities. puget shall exercise its rights under thIs Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor's use of the property as set forth in Paragraph 6, h&roin. 6. reserves outside of the fenced (the unfenced Area") any purpose not inconsistent the rights herein granted, including, but not limited to, parking and roadway. Provided, however, that Grantor shall not construct or maintain any building or other structure within the Unfenced Area and that no blasting shall be done within fifteen (15) feet of the Fenced Area. At no tilDe shall Puget's access to and along the Unfenced Area be blocked off or unduly restricted. Puget shall make provisions satisfactory to Grantor for continued access by Gtantor along, over and acrOBS the Property during periods in which Puget is conducting construction or other activities. In the evont of an emergency requiring immediate action by Puget and/or Grantor for the protection of its facilities or other persons or property, Puget and/or Grantor may take such action upon such notice to Pugel and/or Grantor as 1s reasonable under the circumstances. 7. Indemnity. By accepting the recording of this easement, Puget agrees to indemnify and hold harmless Grantor from any and all claims for dallages, expenses, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in defense thereof t asserted or arising directly or indirectly on account of or out of 4 acts or omissions of Puget and puget's servants, agents, e~ployees and contractors In the exercise of the right~ gr:anted herein: shall responsible any e. The rights herein granted shall con untll such as t ceases to use said pr:opertr for a period of five (5) success ve years, in which eve'lt th s easement shall terminate and all rights hereunder shall revert to Grantor, provided, that no abandonment shall be deemed to have occurred by reason of PUget's failure to initially Install its facilities on the Property within any pe~iod of time from the date hereof. 9. Notices. Notices required to be in writing under this Agreement shall be given as follows: To Grantor~ Boeing Commercial Airplane Group division of To Puget: THE BOEING COMPANY, Attention: Facilities Director Phone: 237-8381 Puget Sound Power & Light Company Renton Service Center Phone: 255-2464 Notices shall be deemed effective, If mailed, upon the second day following deposit thereof in the United States Mails, postage or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 10. Access. Puget shall have the right 'of reasonable aCcess to the Property over and across adjacent lands owned by Grantor to enable Puget to exercise its rights hereunder, provided that Puget shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 11. Successors and Assi~ns. The rights and obligations of the parties shall inure to t e benefit of and be binding upon their respective successors and assigns. -2- 9 DC 3552 , .' .. I ... .' ." DATED ___ day of ______ _ PUGET, • 19_ GRANTOR, Zi:J Puget Sound Power & Light Company, a Washington corporation : ;. , ; , , , ~ : B~' ITS: Director Real Estate STATE OF WASHINGTON) ) 55. COUNTY OF KING ) On this 2.7771 day of I'f~ , 197~before me the undersigned personally appe~ed f41i4 &"1& to me known to be the !. A. " • • A , resp ively, of BaSIne e911115Rer.,~~ %R'P; 1'in~ of THE BOEING COMPANY. the ~ corporation that executed the foregoing instrument, and cg acknowledged the said instrument to be the free and voluntary act ("") and deed of said corpol:'ation, for the uses and purposes therein ;:: mentioned, and on oath stated that he authoi:"hed to execute the C) said instrument. ~ WITNESS my hand and official se.l>8r)~t5f .ff;",d,hl,. year first above written'". ,,,"!" ..... ~ day and e xpires ~ .. ",L_--'.I.!>:::-_--,7'-Li,- STATE OF WASHINGTON) ) 55. COUNTY OF KING ) On this day of f 19 , before me the undersigned personally appeared to me known to be the Director Real estate of PUGET SOUND PO\\'ER " LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged the said instrumont to be the frea and voluntary act and deed of said corporation, for the uses and purposes therein C1.entioned, and on oath stated that ___ is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of liashlngton residing at ____ _ My commission expires ________ ___ -3- 9 DC 3552 , .' .. ... .' ESMinc. .. 1 RECEWE.O t.\1\'{ 0 :I \991 eEC: ENGINEERS ACiVIL ENGINlERINCi,t.ANDSURVEY, ANO PROJECT MANACEMfNTCONSUlTINGfJRM Boeing/Renton Easements Job No. 424-10-910 May 2, 1991 OH-IIJIT C·l LEGAL DBSCRIPfION FOR THE PUG~ PaRER PORfION OF SUBSTlIUON 110. 1 That portion of the Northwest quarter of section 8, Township 23 North, Range 5 Bast, W.M., city of Renton, King County, Washington, mo~e particularly described as follows, COMMENCldG at an existing monument on Park Avenue Nortb shown as p.e. A 0+00 on the 'A' Line on Sheet 2 of 5 of the Washington State Department of Highway Plans fo~ "PSN 1 (sa 405) North Renton Interchange" as approved April 27, 1965; '!'HENCE N 22-22'08 11 E, 418.34 feet to an existing monument shown as P.T. A 4+28.33 on said plans; THENCE S 70·58'29" W, 198.52 feet to the TRUE POINT of BEGINNING: THENCE N 10-52'51" E, 38.84 feet; THENCE H 39*24'56" W, 66.28 feet: THENCE S 87.01'57" W, 1J.H feet: THENCE S 50-44'54" W, 40.52 feet; THENCE 5 39-19'30" E, 82.50 feetl THE~CE S 32-09'47" W, 19.91 feet: THENCE S 39-19'30" E, 10.50 feet; THENCE N SO-28'lO" E, 40.51 feet to the TRUE POINT OF BEGINNING. Containing 0.113 acres (4,943 square feet), more or less. See attached Exhibit "A". vlritten by: C.A.G. Checked by: R.S.M. 18:129 941 Powell A",~nue S.W. Suile 100 R(!'f1ron. W,:n.hlngton. 98QSS . _____ t •• , .' • -.. , I \ .. , = EXHIBIT "A" TO ACCOMPAN'i' 1.EGAI. DESCRIP'TlON FOR lHAT POR110N OF SUBSTAllON NO, 1 TO BE CONVEYED TO PUGET POWER A P0R110N or "!HE NW 1/. OF SEenON 8. TWP. 23 ". RG£. 5 £" W.N., CfIY Of RENTQN, I<ING COur'fTY, WASHINOTOtJ EXIS11NG .,. HCGH CHAIN UNK FENCE WITH OVERHEAD aa.RB WIRE ~ LOCATED ON Q4-2B-91 HORIZONTAL. DATIRoI: OWNERS"P IoW'-S BY I-tORTON OENMS AND ASSOCIATE$. INC. FOR THE BOeHG RENTON PLANT F'AClUTJEs, BOEING ,JOB NO. 356293, DRAWING NO. 5-0071 DATED MAY 12, t9SC} (HOA. 'NC. JOB NO. #390) EXJSTJHG MONUMENT, SHOWn AS P,C. A 0+00 ON THE • A'" UHE ON SJiEEf 2 OF 5 or W.S.D.H. p~s FOR 'PSI! , (SR 40') NORTH RErtTON INTERCHAHG~ AS APPROVED APRIL 27. 1965 JOB NO. 42:-4-01-910 DATE : 05-02-91 OAAWN : CAG. CHECI<EO : RSfJ OR.6.W1NG tW.tE : EXti-A-D SHEET 1 Of 1 [XlSTIIIG MONUMENT. SHeWN IS P.T. A ++26.33 0:.1 THE • ". UNE ON SHEET 2 Of 5 Of W.s.O,H. PlANS fOR 'PSt! , (SR 40S) NORTH RENTON INTERCf-W.IGL' AS APPROVED APRIL 27, 1065 / / / / TRUE POINT OF / / BEGINNING I /,,. / ;P v-I D / / SCALE: 1" • 60' ESM inc. ._-------- ,., ~ A\'UfUf: SOW .. SUI1'I: tOO ~. -:;HIrtCTOII QI!O" PHOriCl (H.} a.1.-UU I~==== ___________________ •• -------:--'-'-':'>;:··:~"::'::-··:«(;::-·L;~-:. .. - ,. • . . .... " .... EXHIBIT C7. PAGE 1 ESMinc. A CIVIL ENC/NE£RING. LAND SURV[V,AND PROJECT MANAC;£MENT CONSUlTING FIRM SOeinq/Renton EaSe.lOents ; Job No. 424-10-910 Revised May 24, 1991 LEGAL DESCRIP~XON FOR TlIEl PUGB1' POWER PORUON OF SUBSTATION NO. 2 E'l-IfIBlT C -Z. That portion of the sout:beast quarter of section 7, Township 23 Horth, Range 5 East,.'-';Jf.K., City of Renton, King COunty, washington, more particddarly described as follows: COMMENCING at an existin9 monu.ent on Park Avenue North shown as P.C. A 0+00 on~he 'A' Line on Sheet 2 of 5 ot the Washington State Department of Highway Plans for "PSH 1 (SR 405) North Renton In!:erchange" as approved April 27, 1965; ~H£NCE N 22"22'OS" E, 418.34 feet to an existinq monument shown as P.T. A 4+28.33 an said plans; ,..... THENCE S J~ "30'23 1' W, 29112.93 feet to the TRUE l?OINT OF ~ BIlGINNING: C1' THENCE N 89-11.'59" W, 44:"00 feet: THENCE N 00-27'38" Il, 15"53 feet; THIlHCE S 89-32'22." E, 3 .• :60 feat; THENCE N 00·27'38" E, 132.00 feet; THENCE S 89-42'52" E, 4OUSO feat: THENCE S 00-27'38" W, 152".91 feet to the TRUll POINT OF BEGINNING. Containing 0.143 acres (-~,240 square feet), more or less. See attached Exhibit "G~ Written by: C.A.G. Checked by: R.S.M. 18: 140 941 Po~" "VCfIU~ s.w. Suile 100 Renlon. W,lIShingtorl, 98055 • 12061 228·561, (.F 1 " , .' • I ... ! ; . , ; ... EXHIBIT C2, PAGE 2 ' ~~.~.~------------------~~------------------------~~::~~~~~~-----, ,·r ") EXHIBIT "G" TO ACCOMPANY LEGAl.. DESCRlPllON FOR THAT PORTlDN Of SUBSTATION NO. 2 TO BE CONVEYED TO PUGET POWER A PORTION Of THE SE '/4 OF SEcnoN 7. TWP. 23 N., ROE. 5 E.. W.IJ., CRY or RENTON. Klr-IC COUNTY, WASHINGTON / EXrsnHG MONUMENT. SHOWN AS p.r. A 4+l8.JJ ON me: "A" UN[ ON SHEe:T 2 OF 5 OF W.S.D.H. PlANS FOR oOpS){ 1 (SR 4(5) NORTH RENTON INTERCHANGE" AS APPROVED APRIL 27. 1965 '1 II EXISTING 7' HIGH CHAIN I II /; I, UNK FENCl: WfTH OVERH£AO BARB WIRE ON It. fi WID! CONCRETE RErAlUING WAll, AS LOCATED ON 05-23-91 I / I I -.() -.() 0 s 89""2'~:t E ("') ,.... 0 N Cl' (.~ . ., ~ $"/dc. ~ ~ ... :. " ~ N b " z 5 e9"32'22'" E 3.50' 40.50' II .. ~' s,../~ ., N 2 ~ ~ &,,-:. III 'f" ;.. ~ N ... "'.".0 b o'(.ofli " '" .. N O0'21'J8" ,E'-j::::;;:::;::l~~g..~y 15.5J' 44.00' til 89'I1'59-'W EXIS11tiG MONUMENT. SHOWN AS p,e. A 0+00 ON THE -A-UNE ON SHEET 2 OF 5 OF W.S.O.H. PlA1fS FOR ·PSH I (SR ""05) NORTH RENTON JNTERCHANG('" ,t.S APPROVED APRIl. 27. 1965 JOB NO. 424-10-910 OATE : 05-24-9' DRAWN : CAG. CHECKED ! RSM DRAWING KAME: : D:H-G SHErr 1 OF" 1 I I I I / D I I JI /~f I r ,~ f/ I:,," .~J 1$ ·~'Y7'f Iv ~~J IV ,,"'/ I" I / I / mue: POINT OF BECINNING SCALE: 1" • 50' / I / HORIZONTAl. DA"TUM: OWNERSHIP MAPS ey HORTON OENNIS AND ASSCClAITS. INC, !="OR 1HE eOElNG RENTON PlANT fACIUTlES, BOEING JOB NO. 3S629.1. DRAWING NO. 5-0071 O"T£O MAY t 2. 19S0 (HOA. INC, JOB NO. .f..4390) ESl.I inC. . ... _------- .... 1 I"OWOJ. AYOIUC SOW •• WII'C IDO Jl\'UI'tOIf. w_~ .~s ""ONf;: [2011 %2'"-""21$ :1------------------------> - .' • .. 1JI ..-.-........ ;., EXHIBIT 0, PAGE 1 -RECE!V.EO l'/IAY 031991 \ I ESMinc. SEC ENGINEERS .... -ACIVIL ENtiINEERlNG,lANDSURYEY. AND PROJECT MANAC(MrNTCON5ULTINC FIRM Boeing/Renton Easements Job No. 424-10-910 May 2, 1991 !:.YJNSIT C -J LEGAL DESCRZPTION POR POWER LINE ElISflHEII'l" That portion of the Northwest quarter of Section 8, Township 23 North, Range 5 East, W.N., city of Renton, King county, Washington, being a ]0 foot wide strip of land, lying 1S feet on each side of the following described centerline: COMMENCING at an existing monument on Park Avenue North shown as P.C. A 0+00 on the 'A' Line on Sheet 2 of 5 of the Hashinqton state Department of Highway Plans for "PSH 1 (Sa 405) North Renton Interchange" as approved April 27, 1965, THENCE N 22·22'08" E, 418.34 feet to an existing monument shown as P.T. A 4+28.33 on said plans~ THENCE N 86-50'43" W, 248.80 feet to a line which bears N 50-44'54" E, and the TRUE POINT OF BEGINNING; THENCE N 39-15'06" W, 29.82 feet, more or loss, to the Northwesterly boundary of Parcel I-80 of the Boeing Commercial Airplane Company-Renton Plan Facility, being a line which bears N 49-53'02" E and the end of this centerline description. See attached Exhibit tlDIt. written by: C.A.G. Checked by: R.S.M. 18:1J2 "1 Powcll Avenue S.W. Suile 100 Renlon. W.;uhlnglon. gmSS . , , " , 0 •. • I I!IIII ~ j , , , ! ; ~. ~ , , , • EXHIBIT C3, PAGE 2 .... EXHIBIT 1'1011 TO ACCOMPANY LEGAL DESCRIPIlON FOR POWER E:AS~ENT AT SUBSfAlION NO. 1 A PORTlON Of THE NW 1/" or SEcnON 8. TWP. 23 N., ReF;.. 5 E .• W.""', CrTY Or RENTON. KING COUNlY. WASHINGTON 30' POWER rASEl&OO (15' E.II.CH SIDE: Of" CENT!RlINE) CL -" J9"tS'o/rw 29.82' .J. ~ .;l' "'EXISTING.,. Hl'GH CHAJN/ / LINK FENCE WITH OVERHEAD BARB WIRe:: AS LOCATED ON 04-26-91 HOFIIZONTALDA~ OWNERSHIP WoPS B':' HORTON DENNIS AIlD ASSOCt.&.1£S. INC. FOR Ttf£ BOEING RENTO,.. Pwrr fAClunES, BOElN'G JOB NO. 356293. DRAWING NO. 5-0071 DATED UAY 12, 1980 (HOA. INC. JOB Nc!. 44390) EXISTING MONUMENT. SHOWft AS P.C. A 0+00 ON THE -I( IJNE ON SHEET 2 Of 5 OF W.S.D.H. PlANS FOR ·PSH 1 (SR ",,05) NORTH RENrON iNTERCHANGE:" AS APPROVED APRil 27. 1965 JOB NO. 4204-01-910 DATE : 05-02-91 DRAWN : CAG. CHECKED : RSM OAAWING NAME ; EXH-A-O SHEET 1 OF 1 EXISTING "'ON""EIIT, SHOI'fN 1 >s P.T, A -1+28.33 ON THE • A" UNE ON SHEET 2 OF' 5 OF W.S.O.H. Pi.»4S faR 'PSH I (SR <CS) NORTH RENTON IN'TERCHANGl"' AS APPROVED APRIL 27. 1965 n SCALE: 1" -50' .. .. c..Y.IfIBI T C'4 Guy Stub Anchor Easement '4 An easement tor guy stub anchoring purposes over, under, and acroso a portion of Lot 4, Block 3, Renton Farm Acreage as recDrded in Volume 12 of Plata on page 37, RQCords of King county, Washington, more particularly described as follows, COMMENCING at the southeast corner of said lot 41 thence North 1'05'34" Bast along tbe east line thereof 103.60 feet to the POIII'l' OF BEGINNING, thence North 88-54'26" West a distance of 18.00 feet; thence North l'OS'34" East a distance of 10.00 teet, thence South 88'S4'26" East a distance of 18.00 feet to the east line of said lot, thence South 1'OS'34" West a distance of 10.00 feet to the POIII'l' OF BEGINNING. Containing an area of 180 square feet. 91S70/4 W.O. No. 9009044 ,. .. • ... 5 , > > . " r . " . N 8TH ST 0 -0 I I I I I--------l-- 1 I -'¢\.. ocl(.. :!l -J) -J) 0 ("') 2 Z I -5 r-- 0 ~ I N C7' « w p..c~'CJ",G ,. z ~ w rp..~\JI ;" 0 I p I 6 ~ ~t.~·N~ \~f7>1 I % « I I C!l \jO\'" C'f.. '}. '3\..0 3 s 88'54'26'" E \ 18.00' b I N 01'05'''" E4~ '0 10.00' .. '0 I N 88"s4'~8" W 18.00' " 4 b .. , ~ " • I 5 SCALE 1"=50' E~I,:t:f c-</ RECORD OWNER PUGET ~TAL PARCEL AREA ASEMENT AREA 180± S,F. POWER DATE we NO; 9009044 PROPER TY MAP EASEMENT AREA 91570/4 HAMMOND, GOLUER & WADE -LIVINGSTONE ASSOCIATES, INC. ,:. EXit/BIT C.-5 GUy Stub and Anchor Easeaent ,5 An easement for guy stub and anchors over, under, and across a portion of lot 1, Block 3, Renton Farm Acreage as recorded in Volume 12 of Plats on page 37, Records 'of King County, Washinqton, more particularly described as follows, COMMENCING at the northeast corner of said lot 1; thence south 1'05'34" west along the east line tbereof 48.24 feet to the POINT OF BEGINNING; thence south 86'59'06" west a distance of 34.16 feet: thence South 3'00'54" East a distance of 10.00 feet; thence North 86'59'06" East a distance of 33.44 feet to the east line of said lot 1; thence North 1·05 t 34 H East along the east line thereof 10.03 feet to the POINT OF BEGINNING. COntaining an area of 338 square feet. 91570/5 W.O. No. 9009044 • • I ... 5 5 , , , 1 ~ , , , > .. : . . . . . - - S 89"21"25· E N 8TH ST ,.... , VACATED "I 1 VACATED 1 "'I I 'f.J ~~1~~9·06· w"\ 18.2.f-I------ -I--- S 03"00'5"" E ... : .. .-.... : .. , .. ·I-'0.0J· 10.(]D' N 86'59'06" J ,. 1 33.44' 4 t: p 0 '" p..C~t.p..Gt. ~ p..~\JI -0.£) z ~t.i'f(O\'l "!:I1 ...0 'O\..OC'f.. "!:I 0 '1'2. C'? W \J O\..· 'f.. '2. -I~ l'-5 '0,-0 ,,' 0 I 4 N I I Cl' 2 I z Lt.l I I 0 II:: <{ (!) 3 I C~4 ,£:f c-;-SCALE '"=50' RECORD OWNER PUGET TOTAL PARCEL AREA EASEMENT AREA 338± S.F. POWER DATE WO NO: 9009044 PROPERTY MAP -EASEMENT AREA 91570/5 HAMMONO. COLLIER I< WADE -LIvINGSTONE ASSOCIATES. INC. --'-~~----------------"Ja~--- ~ .. , • I ". .~ cXHlBI T C-C:. GUy stub and Anchor Easement '6 An easement for guy stub and anchors over, under, and across a portion of the southeast quarter of the northwest quarter of Section 8, Township 23 North, Ranqe 5 East, N.H., more particularly described as follows: COHMEHCING at a point on the south line of said subdivision at the intersection of the northerly extension of the centerline of Garden Avenue North as shown on the Plat of Renton Farm Acreage as recorded 1n Volume 12 of Plats, on page 37, Records of King county, Washington: thence south 89'27'25" East along the south line of said subdivision 42.00 feet to the POINT OF BEGINNING: thence North 1'05'34 '1 East a distance of 41.59 feet: thence South 88'54'26" East a distance of 10.00 feet, thence South 1'05'34" West a distance of 41.49 feet to the south line of said Subdivision I thence North 89-27 1 25" West alon<J said south line .10.00 feet to the POINT OF BEGINNING. Containinq an area of 415 square feet. 91570/6 W.O. No. 9009044 ________ • ____________ ;;: .. :-___ -···-·-:"·-·::--::-:.; .. ·_""'"1'~r:: .. =.o:;;:::--.·"':'_-~---.~ , I , .' .. ~ .. ' ) i"')" ..... ~,' ".- ," • r·· PORTION OF SE, NW, s 8S'54'26~ E SEC. 8, T23N, R5E, WM 10.00' N OI'OS'J4~ £'-..., 41.59' .·.·v S 01'05'34"' W ',,: 41.49' ..•.. . ~.:. :,' 42.00' ." 10.00'-- I b I n N 8TH ST s 89'!r.2~· E , I I b I I I n 'I"-l VACATED 30' 3D' f---- - --- - --- ~ ' .. l:: 1 p 6 '" Rt.J>-Gt. -r p..'jI..\oII r-C .,[) .,[) z 'jI..t.~f'iO~ ~1 0 (') I~ '\~ -\lO\'" ';(... ~ b N I « I 5 \3\..oF 4 (7' 2 I I I z w 0 a:: « (!) 3 I " , • . . E",d,J,d C·G. SCALE 1" sSO' RECORD OWNER PUGET TOTAL PARCEL AREA POWER cASEMENT AREA 415± S.F. .. I DATE we NO: 9009044 , PROPERTY MAP EASEMENT AREA 91570/6 HAMMOND. COLLIER I< WADE -LIVINGSTONE ASSOCIATES, INC. c:.XHI »/ T C-7 Power Pole and Transmission Line Easement '7 An easoment for power pole and transmission line over, under, and across a portion of the Soutbeast quarter of the Northwest quarter of Section 8, Township 23 North, Range 5 East, M.M., more particularly described as follows: BEGINNING at a point on the south line of said subdivision at the east margin of Garden Avenue North, formerly known as Garden Street; thence North 0°36'07" East along said east margin 253026 feet to a point of curve to the left of said east margin; thence North 82°07'34" East a distance of 18018 feet: thence South 7°52'26" Bast a distance of 259.68 feet to the south line of said subdivision; thence North 89°27'25" west along said south line 56.11 feet to the POINT OF BEGINNING. Containing an area of 9,445 square feet. 91570/7 w.o. No. 9009044 I I i ~ • I .. (. .. , -' I-Z 3 - \ r ~ 82'07'34-E ~ IB.1B' PORTION OF SE. NW. SEC. 8. T23N. R5E. \1M --'" '::. til '::. 0 ,._, ..... :::. '" w Ca :::\:-~ : ~I ~ :-:.:.:.: C'1 t"J ~.::::::::::.\:1. 8 '.~ z :.01;. 30' 30' :511.11 N 8TH ST '" S 89'27'25-j --, VACATED .... '" , , ...... .... "' , • I----->--.::. 1------- 5 4 J Gt. 2 I I W. ",CR'C.," I I ~""~ r!>1 ' I I R'C.~~O~ \jP\". '1'2- 2 6 7 8 9 I - - I '0 SCALE '"=100' I , RECORD OWNER PTAL PARCEL AREA .SEMENl AREA 9.455± SF. PUGET POWER 9_;.:' 5:,:.7:;,:0/:.;:7 __ _ HAMMOND, COlliER " WADE -LIVINGSTONE ASSOCIA 11:S, INC. ' , , '. " UDATE PROPERlY MAP _ EASEMENT AREA Ii ................ ______________ , .... __ .. ··~;~~~~~~:::.t.~~;t.~~;j;;;:~~;~;-~.~~:,~·~.;:I:;..;..,;.· • , • I · HAMMOND. COLLIER 8< WADE -UVINGSTONE ASSOCIATES. INC. CONSULTING ENGINEERS c~J.l.11J IT C. -B Boeing/Renton Easements W.O. 9009014 April 24, 1992 LEGAL DESCRIPTION FOR PUGET POWER LINE, SIIUFFLEl'ON STEAM PLlIlIT PROPERTY TO BOEING t2 SUBSTATION VIA LOGAN AVENUE THAT PORTION OF rilE NORrHWEST QUARTER OF SECTION 8 AND rilE EAST HALF ::g OF SECTION 7 ALL :W 'l'OWliSHIP 23 NORrII, RANGE 5 EAST, W.M., CITY OF Sl RENTON, KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS ,. FOLLOWS' 9. A 50 FOOT STRIP OF LAND BEING 25 FEET ON EACH SIDE OF THE FOLLOWING '" DESCRIBED CENTERLINE: 0' AT A POINT ON THE BOUNDARY LINE BBTWEEN THE BOEING COMPANY SOUND POWER AND LIGHT COMPANY: (AS ESTABLISHED BY RENTON LOT LINE ADJUSTMENT 004-88 AF NO. 8809309006 VOLUHE 62, PAGE 143): DISTANT 30.91 FEET NORTH 14'36'26" WEST FROM THE NORTHWESTERLY MARGIN OF THE ABANDONED BURLINGTON NORTHERN RAILWAY RIGHT-OF-WAY: THENCE SOUTH 51'06'51" WEST 405.46 FEET: THENCE SOUTH 40'39'41" WEST 745.15 FEET, THENCE SOUTH 0' 22' 48" WEST 699.24 FEET l'O AN INTERSECTION WITH THE EASTERLY MARGIN OF LOGAN AVENUE, THENCE CONTINUING SOUTH 0'22'49" WEST 12.44 FEET l'O THE EAST WEST CENTERLINE OP SAID SECTION 7 DISTANT 71.15 FEET SOUTH 99'52'15" WEST FROM THE EAST QUARTER CORNER OF SAID SECTION 7 AND DISTANT 0.32 FEET SOUTH 99'52'15" NEST FROM THE EAST MARGIN OF LOGAN AVENUE WHICH IS THE SAME AS THE WEST MARGIN OF SAID ABANDONED BURLINGTON NORTHERN RAILWAY RIGHT-OF-WAY, THENCE CONTINUING SOUTH 0'22'49" WEST 525,59 FEET TO AN ANGLE POINT DISTANT 1.99 FEET WEST OF THE EAST MARGIN OF LOGAN AVENUE, THENCE SOUTH 4'06'44" WEST 200.40 FEET, THENCE NORTH 89'00'26" WEST 81.40 FEET TO A POINT ON THE EAST LINE OF BOEING '2 SUBSTATION DISTANT 124.50 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SUBSTATION SITE AND TERMINUS OF THIS CENTERLINE DESCRIPTION. EXCEPT ANY PORTION OF SAID 50 FOOT STRIP LYING WITHIN THE LOGAN AVENUE RIGHT-OF-WAY. \WilIIlC\fROAtil \sot: , .... ~ • ) ., .. .. I .... ::; 5 , " -' .! 3 ., 50' Z ~ < ~ '" 0 ...J BOEING H2 SUBSTATION 90' 7 I II I I I N01 '00'28"E 1026.94 A8ANDONED B.N.R.R. CO. 100 R.O.W. 2649.61 S89'30'32"E JL-0 POWER LINE ALIGNMENT LINE I DIRECTION I DISTANCE 1 N51 'OS'5'"E 405.46 2 N40'39'41"E 745.15 3 500'22' 48"W 1237.27 4 N041lS'44"E 200.40 5 589'00'26"E 81.40 TWP, 23N" R.5E., W,M, 1-1:1 300' RECORD OWNER 80EING COMPANY . TOTAL PARCEL AREA N/A EASEMENT AREA N/A PUGET POWER I DATE 4-24-92 ...... -----tlAMMOND. COLLIER & WADE -LIVINGSTONE ASSOCIATES. INC. ------' ====-~-------------""Iar---m..:· -,. . .. ·~':'::::::.::t:-:r.~·;-,.:·-··~·~ .. ' .• PROPERTY MAP -EASEMENT AREA WO NO: 9009014 .• • ... EASEMENT OF OVERHEAD TRANSMISSION AND UNDERGROUNO FACILITES EXHIB7T C-9 Except 89 may ba otherwise sot forth hGrGin Grantee's right shall be exercised upon that portion of the property described as follow: That portion of the Southeast 1/4 of section 7, TownshIp 23N., Range 5 £HM., city of Renton, King county. WashInqton, being a portion of Government Lot 2 of Court commissioners Plat as 1ylng between the Burlington Northern Rail Road on the westr park Ave Naon the east; and Lake Washington BlVd. on the north. Grantor grants A riqht of way Ten (10) feet in width havIng FIve (5) feet of width on each side of a centerline described as follows: Beginning at the most Northerly property Coner of the above described ~ property: thence Southwesterly along the Westerly propertY line C) thereot 400 feet; thence Easterly at a riqht anqle to said Westerly (') line to the Northerly margin of park Ave. N.; thence Northerly alonq t-said margin to the intersection of Garden Ave. H.; thence Northerly ~ along the North property line thereof to the point of beginninq. a- ! I , /., I , , , ~.J,.,:, ... . ' .... -.... ... - " ) / "- \ £XJII8IT C·q \ . COaNAOOU8 tI[f"I~ I ~I "'" \ ',HO StALU IOU, / . .. -.. . . _# "'" """ 00 !fSJ / '_IUK .... "r PARK AVE N. " :: :: -~~--~ .. '. ., r- o - 1'" m FOR RECORD AT REQUEST OF' p." J rowet • F.: : "':;j·;I\~!..: DIVISION' 1. J. n!O~.~;?;O r~"::i:l i",J';:Ei1 r.WG. t!:~.!.D:'lJi:, WASSl:.mON 98009 . UTILITY E:ASEME:NT ORIGINAL I % EXCISE TA)( NOT REQUIRED Kinl Co. R£<Gn1s DiIfsf .. By· -/Gl'-Lmu.. .... !!,;(Lb"trf~/)~.' _ :r-"" ' Deputy PACCAR Inc, a Delaware corporation i "GRANTOR"), in consideration of the sum of One Dollar ($1) and other valuable consideration, receipt of which is het."eby acknowledged, hereby conveys and qui tclalms unto puget Sound Power & Light Company, a Washington cor~oration '-GRANTEE"), a nonexclusive perpetual easement for the purposes het'cinafter set: forth, upon GRANTOR's land, situated In the City of Renton, King County, State of Washington, described in Exhibit A attached hereto and incorporated herein, and referred to as the nEase_ant Area.n TO HAVE AND TO HOLD said easement unto GRANTEE and its successors and assigns focever, subject to the covenants and conditions hereof, which GRANTeE by its acceptance of this easement agrees to per form fu lly, '?G 1. The put"poses for which this e .. scment is granted are as \J" follows: Grantee shall have the right to construct, operate, maintain, ("cpair, ("cplace, improve, remove, enlargc and use one or more of the fol1o~ing descrited electric transmission and/or distribution systems over and/or under the Easem~nt Area, together with all necessat'y or convenient appurtenances thec2to. a. Overhead Facilities Poles and/or towers with crOSS3rms , braces, guys and anchors: olectric transmission and distribution lines; fiber-optic cable, communication and signal lines; transformers. The particulat: such GRANTEE facilities ~hich may be installed at any given location of the Easement Area are as shown on the Exhibits attached to anr] incorporated in this easement. llith GRANTOR's consant (which consent GRANTOR agrees not to withhold unreasonablY), GRANT88 muy, from time to time, construct such additional facilities in the Easement Area as it may require for its systems. GRANTEE shall also have the right of access to the Easement Area over and across GRAtlTOR's property adjoining the Easemen t Area as reasonably necessary to enable Grantee to exercise its rights he["eunder. GRM1TEE shall repair or ceasonably compensate GRANTOR for any damage to GRANTOR's property, includin9 damage to roads, landscap"ing, driveways and fences, caused by the exercise of such right of access. 2. Subject only to the rights expressly granted in thi.s easement, GRANTOR reserves all rights with respect to the Easement Area including, without limitation, the right to grant additional casements, licenses and permits therein to others; the t'ight to install utiliti.es and other fixtures or improvements over, upon, N 17"J ?liJ .... ·1/1 flrtd .f.;f KING, WA Oocument:EAS 1992.07130662 Printed on:1/29/2007 9:57;27 AM 8 DC 3552 Page:1 of 9 1 I , 1 t I 1 ~,' , ro. 1 j .; .. .1 j ... 1 .' j I .. 'I ... " ·1 .. ., j :'~ 'j 't .1 , : 1 j I 1 .. • 'I ~ " , ;; ;i . , ~ ., :1 ;; " ~ • ~ " ~ , ~ ;,; f . " .- C\J -.D cg n S C\J '" • • across and under the Easement Areal the right to install, operate and maintain any containment, treatment or monitoring system required respecting conta~lnatton in, or in the vicinity of, the Easement Areal and the right to locate structures with petmanent foundations within the Easenlont Area; PROVIDED HOWEVER, that no surface or subsurface structures shall be located within 10 feet hodzontally of GRANTEE'S utilities and 10 feet vertically ft'om overhead utilities installed under this easement without GRANTEE's prior written consent (which consent GRANTEE agrees not to withhold unreasonably). GRANTOR, in connection with any future change in use or redevelopment of its property, fu~ther reserves the right to relocate the Easement Area and utilities inatalled therein to other locations selected by ORAN1'OR and approved by GRANT&E (which approval GRANTEE agreos not to withhold unreasonably); provided that the expense of any such relocation shall be borne by GRANTOR, and that such relocation shall not i_pair the operating eapability of such relocat~d utilities. 3. GRANTE~ shall at all times maintain the Easement Area and .its utilities installed therein in good and safe condition and repair, provided that GRANTEE may, with GRANTOR's consent (which consent GRANTOR agrees not to withhold unreasonably) (or, no long as GRANTOR Is PACCAR, Inc., or any affiliate of PACCAR, Inc., without GRANTOR's consent), from time to time delegate to GRANTOR any of said GRANTEE's duties. which involve disturbance ·of contamina't:.ed soil within the Easement Area. 4. If any portion of the Easement Area ceases to be used by GR.'\NTEE to provide electrlcal power service for a period of three (3) successive years, then the easement herein granted shall ~erminate as to such unused portion of the Easement Area, and all rights, interests and privileges granted hereunder shall revert to the G~~TOR, its succossors and assigns as to such unused portion of the Easement Area. Upon any termination of this easement, GRANTEE shall promptly remove froll the terminated Easement Area any facilities installed by or for GRANTEE, and shall restore the terminated Easement Area to its condition prior to such removal~ s. Notices given under this eascment shall be given as follows: If to GRANTOR: PACCAR Inc Corporate. Real Property Hanager 777 l06th Avenue N~ Bellevue, \'1A 98004 If to GRANTEE: puget Sound Power & Light Company One Bellevue Center 411 lOath Avenue NE Bellevue, WA 98004 Attn: Real Estate Department Either party may change the address to which notices may be given by giving notice as above provided. 8 DC 3552 e KING, WA Document:EAS 1992.07130662 Page:20f9 Printed on:112912007 9:57:27 AM ! .. ;. • I ..• .:..:... "'" " j " " " " ~ "s ., ~ .' - = u " ~ c I ~ " " " , • " ' . • • 6. GRANTOR, at its expense, is initially doing all subsurface excavation work in the Easement Area for installation of GRANTEE's poles and otber facilities wherever any contaminated soil may be encountered o~ disturbed in the course of such excavation. GRANTOR at its expense may also initially install certain underground vaults and othsr facilities to be used by GRANTEE in the Easement Area. Effective upon completion of such installation and acceptance by GRANTee (as evidenced by its commencing use of such installations in the Easamant Area), GRANTOR sells and delivers unto GRANTEE all appurtenances, vaults and other electrical facilities so installed by GRANTOR for GRANTEE's US9 in the Easement Area, TO HAVE AND TO HOLD the same to the GRANTEE and its successors and assigns forev~r. The fo~egoing sale and delivery are intended to transfer to G~ANTEE all of GRANTOR's interest in the foregoing described property whon installed in the Easement Area, whether such prope~ty is correctly characterized as realty or personalty. 7. In partial consideration of this easement, GRANTEe: irrevocably agrees to terminate relinquish and release the exist- ing easements now hold by GRANTEE and next described effectivo upon the date shown for each such easement I a. Easement dated Uovember 23, 1964, recorded December 8, 1964, under King County f.i1ing No. 5820497 (affects Lot 3, Block 2, Renton Farm Acreage) •. This easement to be terminated effective July 13, 1992. b. Underground easement dated May 2, 1986, recorded May 9, 1986, under King County Filing No. 8605090948 (affects PACCAR site East of vacated Houser Way North). This easement to terminate when replacement power service t"rom the new PSP&L substation (to be constr-ucted at N. 9th Street and vacated Houser Way tlor'th) to PACCAR Parts and HIS facilities East of vacated Houser way North becomes operational. c. Easement recorded August 15, 1986, under King County Filing No. 86081Sl3j7 (affects Block 5, Renton Farm Acres). This easement to be terminated effective July 13, 1992. This easoment has been executed as of this 19th day of June , 1992. GRANTOR: PACCAR Inc 8~:"C Director. Real Property Resources 3552 u KING, WA Documenl:EAS 1992.07130662 Page:30f9 Prlnled on:112912007 9:57:27 AM l I J I " f .' I , , i • .. = 1 5: ~ ; , • : " , , ~ f .. • . \ ExhLbits: A -Legal Description of Easement Area n -Plot-Plan of Basement Area STATE OF WASHINGTON ) Iss. COUNTY OF KING J On this I?:dr.. day of G...... , 19 '~, before me personally appeared ~iV/drJ" ~.o:; and ",.. ..... 1" To Flf to rna known to be the ~i, R,.",h;". ... & NI!.!I«f,.~';5 and ASSiStant Secretary, respectively, of PAeCAR Inc, the corporation that executed the within and foregoing instrument, and acknowledged the same to be the fre~ and voluntary act and deed of said corpora- tion, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. ~ IN WITNESS WH&REOF, I have hereunto set my hand and affixed my ~ official seal, the day and year first above written. a-. ~ )", J1..~ KING, WA Documenl:EAS 1992.07130662 Printed on:1/29/2007 9;57:27 AM Notary PUblic In and for the State of Washington, resIding at ~! .. 8 DC 3552 a Page:40f9 , , .' • ... , -:-:; ., = J 9009044 .. '. KJ/ACOOl 235/30 Parcell: Easement No.1: o .. EXHIBIT A Lot 6, alock 5 of Renton E'arm Acreage as recorded in Volume 12 of Plats on page 37, records of King County, Washington: and the East half of the Southwest quarter of Saetion 8, Township 23 North, RanQc 5 East. W. M. Beginning at the Southwest corner of said Lot 6 at \'!Ii point. on the East line of the 60-foot right-of-way fsr Garden Avenue North; Thence North 1 05'34" East along the West line of said Lot 6 and the East line of Garden Avenue North 238.88 feet; Thence South 16°17'04" East a distance of 249.65 feet; Thence South 9g026'5S n East a distance of 40.39 feet; ... l'h.~.noe South 0°33'02" ;iest a distance of 10.00 feet; Thence North 89°26'58" West a distance of 37.37 feetJ Thence SOllth 16°17'04" East a distance of 20.10 feet: Thence North 89°26'58" West a distance of 29.90 feet: Thence South 16°17'04" East a distance of 67.16 feet; Thence South 73°42'56" West a distance of 10.00 feet: Thence North 16°17'04" West a distance of 70.19 feet; 0 Thence North 89 26'5S n West ~ distance of 52.34 feet to a point on the. East.: line of said Garden Avenue North; 0 Thence North I 05'34" Ea~t along said East line 29.32 feet to t8e POINT OF BEGINNING. Thence South 0 33'02" West a distance of 10.00 feet; Parcel 2; Lot 4, Block 4 of Renton f'arm Acreage as recorded in Volume 12 of Plats on page 37 of records of King County, Washinqto~. Easement No.2 Commencing at tge southeast corner of said Lot 4; Thence North 1 05' 34" East along the East line thereof 72.60 feat to the POINT OF BEGINNING; Thence North 88 54'26" West a distallce of 18.00 feet; : Thence North "1 0 05'34" East a distance of 10.00 fe<:!t; 0 Thence South 88 54'26 u ~ast a distance of 18.00 feet to the Easd line of said Lot 4; Thence south 1 OS'34 u Hest along the East line the~eof 10.00 feet to the POINT OF BEGINNING~ KING, WA Document:EAS 1992.07130662 Page:S of 9 Printed on:1/29/2007 9;57:27 AM I l .' I • "" , , , " • • • Parcel 3: Lots 2 through G, inclusive, Block 2, Renton Farm Acreage as recorded in Volume 12 of Plats on page 37, records of King County, Washington. f:asemen t NO. 3 Comaencing at ~h9 Southwest corner of said Lot 6; Thence North 1 05 1 34" East along the ·west line th.ereof 90.02 feet to tbeo 1l0INT OF OEGINtfItJG1 Thence continuing North 1 05'34" East along the West line thereof and the West line of said Lot S a distance of 469.98 feet to a point 40.00 feet southerly of the Northwest eorner of said Lot 5; Thence South 89 27'25" East. parallel to the North line of said Lots 5, 4, 3 and 2 a distance of 433.92 feet; Thence South ,°52 '26-East a distance of 52.07 fegt; Thence South a:zO07 1 34-West a distance of 10.00 feet; Thence North 7°52'26-West a distance of 45.33 feet; Thence South 86°59'06" West a distance of 386.10 feet; Thence South 6°18 '09-West a distance of 440.09 feet to the POINT OF BEGINNING. KING. WA DocumentEAS 1992.07130662 Page:60'9 Printed on:1/29/2007 9:57:27 AM .. • I , , , • It • . " lY-1110JT (J 3 Z ~ « z , N W '" a '" a::: '-' « M (!) r-. '-' N 4 ' .... 6 7 5 30' 30' ',:::, 40.39' ,5 89"26'56" £ b '. .... ..... S 00"'33'02'" w r') N 69'26 58'" W to.OO· S 89"26'58" 1" ----t---rr.-t~~~~~f!G,~"::,;'7=== g N 6TH ST ~Ol,6~70" E I KING, WA Document:EAS 1992.07130662 Prlnled on;1/2912007 9:57:27 AM N a9"2&'58" W 20.90' S 73"42'56" W 10.00' Page:7 of 9 ::;; :;: t.J I() a::: Z· I") N I- eo" ti ,- w if) ~ ~ :;: .. Vl N "-~ W Z 0 I 1= a::: 0 0.. "" • • --~." , --I I!.d<l. ... _t-7I!-~ e'l.1/-16/T B 3 , : I I 6\-OC'f.. 4- I I -- (\J S 88'54'26-El J>.C~t.I"G€. -.0 18.00' Z ;g N 01'0$'3'-E '. ~ ~ t J>.RW, ~ M 4 10.00' -;57-2-€.~\O~ ,2/"5 t5 ' , « ~ S e8"S4"2G-E I I I ~ \la\..· ~ N 1 •. 00' l z 6 LOC '" ~ W I , Cl I 0:: « , , <.? --, 5 7 ~ " ,. w n ... ;, ~ p 0 .. .. 5 I , I I ___ J , I I ;30' .' .. - '0 '" S 89'25'58" E --N 6TH 5T '0 , '" - I I ! I --I • KING, WA Document:EAS 1992.07130662 Page:B 019 . Printed on:1129/2oo7 9:57:27 AM = : -. , , ~ I 1 • • ,-.-~~-------------------------------------------------~----------------", E"oII&,l.e Mt.~1 :tfo-3' fEY-HISI T l3 --------~----~~--~--~ g N 8TH ST-;-..-__ -L-,-___ -,1.-1 ~ ___ 433.92' I _ l1' :-~ r+ S 89"27'25" E rf.1 VACA TEO ~ b .. <f. -2 " !3 ~ ;" N p 0'> I ;; , z 3 I 4 ----iZ , ~ 5 « Z' W Cl 0:: « t'l 1 2 :.:", .:::.- ~------~----4-~2~-+-----+---­ .:.:.~ -'~ .:.g r .:g .. 6 7 8 9 '0 • ... 0 ci ~ , ~ _____ -L ____ L-__ ~~ ______ L-__ __ N 7TH ST (VACATED) 5 1---.-/--4--"'T1-3~1 -~----r-/ -, -- ! • KING, WA Document:EAS 1992.07130662 Page:9 of 9 Printed on;1/29/2007 9:57:27 AM , , . • 1 , . ., \ ". " ORIGINAL . EX'':ISE if'':' I;Q( ~t:f'!~III~EI) \',' l'.:>-i.l::,. ;;;-e .. ;:;j :.:.,.~)~ EASE~lE:-iT . I ..fu,""A~,_ . ....,',-<J (""t","'f,,-,c'if.' '-'.:',-. _ ' _ _ ____ . lJ~J! .. q For and in consideration of One Dollar (5 1.00) and other valuable tonsideration the receipt of which is hereby acknowledged, THE BOEING COMPANY •• Delaware OO!pOllItiO", acting by and throUj!h its division Boeing Commercial Airplane GroUP. ("Grantor" herein). hereby granls and conveys to PUGET POWER & UGHT COMPANY. a Washington COIporalion ("Pugel" horein). ror the purposes hereinafter set forth a Don--exclusive perpetunl eas~ment,. 15 dc:scribcd in Exhibit A and depicted in Exhibit B (the "Easement Area"), over. across and ooder the real property in KiDg COlJllty, Washington as described in Exhibit C. which such exhibils are attacbed bereto and inco!pOmted herein by this refereoee. This easemeot is granted subject to and conditioned upon the following teJms, conditions and covenants wlUeh Poge! hereby promises to faithfully .. d fully observe and perfonn. I. ~. Puget shall have the right t~ eonstrue~ opmt., maintain. repair, replace and enlarge an underground electric transmission and/or distribution system upon and under the Easement Area togethCT with an necessary or convenient appurtenlillces then:fore. which may include but are not limited to the following: Wlderground conduits, cables, communication Jines.; vaults, manholes, switches, and transfonm::rs; and semi--buried or ground mounted facilities. Following the initiaJ construction of its Rcilities, Puget may from time to time construct: such additional facilities as it may require. 2. Compliance with I..im and Rnles. Puget s;hall at aU times exercise i~ rights herein in compliance with all applicable laws and regulations. 3. Rgooval of Em MAterial In the event that Puge! encounters, or suspctts thai it has eneOUlllered aoy hazardous suhstmees iD the Easerneot Area iD furtbetam:e of its rights set forth in pangraph I, Puge! shall ocase all operations and notify GIantor. If the eneomtered or suspected hazardous substaoces: are Dot d1e m:ult of the acts or omissions of Pug~ Granror shall, at its own expense, detennine if the DI8Ierial is hozardous. as det<mined by applicable law. If the material should prove to be hazardm ... then the GBntor shall •• t ils own expeose, remove. dispose. or otherwise handle such hazardous substances, as necessary'. in accordance with applicable law. or reroute the Easement AIea, ifpossible. If hazardous ,ubstanc<s Ole removed, Granlor also shaH provide substitute nonhazardous material to replace the removed material for !L-S-/AC=I • t • ." S § 51 ~ S ~ ii ~ .. i ~ II ~ ;, \ \ ~ I · • 'J ~ , . \ .. o ORIGINAL Pugel to use in its operalion, if neceswy. Should the encountered or suspected material prove not to be hazardous. Pugel shall proceed willi the operanoos at its own cost. \"ith 1',0 recourse against the Grantor fo! Ute cost of schedule delays inC'\llR:d due to the delay in Oraetstion. If the enci>u..,tered or suspect~d hazardou1: substance' .. nre or may be flIe fcswt of the acts or omissions of Puget. Grantor's cha.'1lckrizarion of the substances involved and any n:moval, disposal or o!her haodIing COsts incuned in connection with the removal, disposal or bandling of the hazardous substances will be at Pugot's expense, and Puget shall have no re<onrse againsl Grantor for !he cost of scbednle delays incnrred due to !he delay in operalioo. 4. Pow IIg aDd Actjyjn... Exuplas JII'OI'id<d in Paragnoph I, Puget sball not use. or allow !he use of, llIe Easemont AmI for MY pwpose whatsoever. Pogct shall .... cise its rights noder this Agreement so as to minimize, and avoid ifreasooably possible, interference willi Gtantors use ofllle Easanent Area as set forth in Paragttpb 5. Puget shall, at all times, .. ercise its rights beremuler in a manner so IS to (l1OveDt bodily harm to peCSOllS (wbomsoever) aod damage to propmy (whatsoever). Puget shall maintain and repair die Easement Area (aod improvemeots !hereoo) as neceswy to keep the same in • nest, cl_ and safo condition. s. Grantots Use oftbe famncnt Area and Are· by Cmmtot Dyring Constructjon. Graotot reserves !he right to use llIe Ease/nent Area for any purpose not inconsistent with the rights herein graoted; provided, 1hat Grantor shall not construct or maintain any building or odler s1rIlctnre 00 !he Easement Area which _ interfere with the exercise of the rights herem gnnted. Puget shall make ptOVisions satisfactory 10 Grantor for contioned access by Grantor along. over and BmJSS the F.asemelll Area during periods in which Pogct is cooductiog consnuction or other acti';ties. to the event of on emergency r<quiring immedi .... action by either puty for the protectioo of its facilities or other persons or property, sw:h parry may take such action upon such notice to the other parry as is IeOSOOabIe ... der the circumstances. 6. Indemnjty. Pogct agrees to release, indenmifY and hold hsnuIess Gtlmtot. Grantor's directors, oflicen, employees, agents servants and represeotatives from any and 011 actions, liabiliIies, demands, claims, suits, judgments. litt!$, awards, and dantages of any kind or dtaracIer wbaIsoews (Itaeinafter td'eImI to IS 'Claims"). including daims for delth or injury to employees of Puget. costs. expenses and reasonable attorneys' fees incunod by Gnotor in deC .... 1heRof, asserted or arisibg directly or indirectly 60 ... on ...,.\1IIt of, or in connection wi1h I'ugot's operatioa. main1enaoce and control of the _ Area (and improvemcDts Ihereoo). With respect to slI or any portion of the foregoing obligation which may be held to be witJ..in the pun'iew of II.CW 4.24.115, sucb obligation sball apply only to the maximum extent permitted by II.CW 4.24. 115. As between !he padies and for purposes only of the obligation. herein assumed, Pn£et wai ... any inummity. def .... fJC olber proIe<tion -2- I \ I · """'.'. . .~ • 32 • II .: , , . .: '\ \ • .. b ORIGINAL that may be awarded by any worker's compensation., industrial insurnnce or similar iaws (including bUI nOllimiled 10, the Washington Indusuiollnsunmcc Ac~ Tid, 51 of the Re·.ised Code of Washington). 7. Abeq9qnment. The rights herein granred shall continue untiJ such rime as Pugct ceases to use slid Easement Area for a period of five (5) successive years. in which event this easement shaU tenninate and all rights llereundeJ shall re\'crt to Grantor. 8. ~ Notices requiRd 10 he in writing JIlder this AgI"<meut shall he personally SCt1Ied or sent by U.S. mail. Any notice giveo by mail sball he deemed to have been received when tbrce days have elapsed from the time ,uch DOtice was deposited in lbe U.S. mail addressed as follows: To Gnmtor: Boemg eommCIllial Airplane Group P.O. Box 3707 -MIS 75-66 Seattle, WA 98124-2207 Attn: Manager of Plaruring & Leased Properties Phone: 237-1945 wilb a copy to: To Puget: Boeing Commercial Airplane Group P.O. Box 3707 -MIS 7(>,52 Seattle, WA 98124-2207 Attn: Group C"""-,,,I Phone: 237·2682 Puget Soond Pow ... & Light Company Rtotoo Service Center 620GradyWoy Renton, WA 98055 Attn: Phonc-: -25"'s..""2464=--- Either party may change 1he oddress to which notices may he giveo by giving notice as above provided. 9. A=I. Puget shall bave the right of roosonab1e access to th. Easement Alta over and aeross adjaceoll .. ds owned by GnDtor 10 enable Puget to exercise its rights hereunder, provided thai Puget shall compensate Gnmtor fot ""y damage to 1he Easement Area caused by th. exercise of Slid rip of ae<ess and the cost of IllY repairs resulting Iherdiom Jl the actual customary cost of such rc:pair . . ) . ,- , ' ~." ' ... .;)~ I · • \ .. 32. II r· { , , • b o ORIGINAL 10. No Wll1JDties. The rights gnmted herein are subject to p..-nils, leases. Hcenses. an4 casements, irony, heretofore granted by G .... tor affecting the Easement Area. Gra'ltar does Dot wa!nmt title to its property aJld shall DOl he liabie for defe-cts thereto or failure thereof. Any plans, specifications. or dntWings (collectively, "Submitt!l") provided by Puget tc Gronlor pursuant III this Agreement an: for Grantor's informational purposes only. Auy analysis, .mew or approval by Gtantor, or Gnudor's fiilnre to ana1yze, ",view or approve such Submittal (including fail_ III discover 1lIIY error or defect in such Suhmitt!l) sban not relieve Pugcl of any of its obligations under this Agn:emcot. Grantor hereby expressly disclaims 1lIIY and all wananIies. express or implied, with _, to any such Submittal developed, .mewed or approved by Gronlor as a coodiIion of this Agreement II. IW cc"'_ and AW.".. The rights and obligations of the parties sbaII inun: ro the benefit of and ~ binding upon their resp<oti .. suocessors and .,signs. 12. Tmninarioo o Rcmtion. 12.1 Grantor may require Pugct to relocate the easement gnuted hereby at 1lIIY time and trom time to time to another .... of the GronloJ's property, provided that lilY such relocation sbaII be at Grantots expense, and provided !hot 1lIIY .... to which the .....".01 is relocated shall be deemed the "Easemenl Area" for aD putpOses of this instnoment from the date of sw:h relocation. i2.2 In the ovent Pugcl bmocbes or fails 10 pcrfonn or observe any of the ferms and conditions herein, and fails III care such breach or defaull within ninety (90) days of Gnudor'. giving Puget wriUCD Dotice Ih ..... t; or, if not reasonably capable of being CUJ<d within such ninety (90) days, within sacb other period of time IS may ~ ........ oblc in the eircumst:an .... Onmtor may \eIJIllnIte l'uget's risfds under this ApemeDlin addition '" and not in limitation of any other mnedy ofOnntor at law or io equity, and the fai1_ of Grantor to ........ such right at 1lIIY time shaD not WIive Gnudor'. right to terminob: for any future breach or default 12.3 Upoa IEnIIiDotioo ofthi. AgmmeIII mel if rcqnested by Onntor, Pugd, at its sole cost and expense, sItalI remove from the Easement Area 1lIIY mel aD improvem ..... thereon mel lCSIore the Easement Areo to • conditioo u good 01 better than it was prior 10 consttuclion of said improvel1>ents. ·4- I I I· · ~~, " ',; , .';,x': . -' ---. -"--~----.--!.,------.. 32.·11 I~ ) .. , . -1'-- o ORIGINAL 12.4 No termination ofthi. Agr<emeftt sbalI ttle ... Pug.! from any liability DATED • j( _, 1994. ·-... ~1;--... ·='- PUGET: GRANTOR' Puget Sound Power &: Light Company STA TI! OF W ASl!JNmON) ) ss. Th. Boeing Company, by and Ibrough its divisioa. Boeing CotnmetCial AiIpIaDe Group ~ Its. ______ _ On this ~ of 1994, berm. me th. und.,-,igncd peJSooaUy COUNTY OF KING ~ appeared J, J. NELSON to me own to be lb. penon who signed as DIRECTOR OF fACn.rrms of BociIIg Comma.iII J\iJpIaDc Group, a division of TIlE BOEING COMPANY, !he IlOIpIltIIiao tbot excc:utcd !he fmcgoing instrument, and acknowledged !he sUd instnancIIt to be the rr.. and ""Iuntuy It! ond cIecd of said G:;-T:'=-··::::::---·-.... ~· ~. . (".'. ' ~ .',', :.:'" ',"'., l.~~;:;;X~>~· j0:c>,"; .j<:~: .. j L.:::::: .... : .. :.:::.: ....... -1 I ·5· l ,.=?--__________________ -. "'''1'olIm_,_ .. ~/ .'II.IiIU" ..... ' ~ __ .1 I · • •• i- . .• ':=0 i. 6 • WITNESS my hand and official"~""'~~!J!~~ written. STATE OF WASHINGTON) )55. COUNTY OF KINO ) ORIGiNAL' On 1bis..L day of JIw, 1994. beftn me die IlIldenigoed penoaoIJy appearedk:rpelr 10 me known 10 be die ¥ ht4'al!ellfPUOET SOUND POWER&:!1GHT COMPANY. die C<lIpOIIIIiGa lllatexccutod dlefureaoiDa instnJmea~ aad ICbaowIedged die said iDstnmIent 10 be die IRe aad voIubIMy ICI aad deed of said ""'JIODIi .... for die uses aad purpo!IOS tbtRin JDeIl!iooed. aad on oaIh sWoIIlIIat he: WIS duly anthorizIed 10 _die said iDsUument. WITNESS my hand aad offioial seal hereto afIIxed die day aad year I!rs! above ~-. ~ N ~liJil aad for die I~'l Slate goshiDaton midiDB II :J..!g,... '.A My """,,",,;jon expim It::1t. TO • 6. I · • .......... 1. I~,~ ) , --q -.-,_. --r--- ORIGINAL EXHIBIT A (legal description of Ea!~emeni AIes) Except os may be alb""';" set forth herein Pugefs right< sh.aJ1 be exe.-eised upon Iba. pomon oflbe Property (lbe 'Easement AIea") described as follows: The West ten (\0) feet oflbe South 25 fee! of the North 95 feet .fthe Property described in Exhibit C_ -';-~------.--- ---- I· · • -f -.. ,--- ,- o EXHIBITB (dralr'oing showing Easement Area) .---------. ORIGINAL /""'\. i" I· · ) I. ----. __ .-.-. ---.--------~---_ .. " o L i .-'-.. --i-_. ----•. _-_. I • • Z ---...$1&----... ~~-•.. --.......... ~~ ... •• ,- _ .: .... .3 i I I j , ,---------------... ----------------- It • EXHIBITC (legal description of roal propenyl The NOIfI 300 feet .fllle East 100 feet .f!he Northwest quarter of!be Southweot quaIter ofSection 8, TOWIIShip 23 Nonh. RIDge OS Eost, W.M~ EXCEPT !he West 1en (JO) feet dtereof CODYe)'ed 10 !he City ofRCIIIOD forroad. ,- ~----.. .m .................... ... ...... , .•. ,.~ .. • I ' I· · ..& • ) ---.-------~-.. , , o • ORIGINAL EASH1E"iT For and in consideration of One Dollar ($1.110) and other valuable consideration Ihe receipt of which is hereby acknowledged, THE BOEING COMPANY, • Delaware corporation, acting by and through its division Boeing Commercial Airplane Group, ("Grantor' herein), bereby grants and conveys to PUGn POWER & LIGHT COMPANY, a Washington co!pOnlion ("Puget" herein). for the pllIposes herrinalkr set forth a non..exclusive perpetual easement. as described in E,dtibit A and depicted in Exhibit B (the "Easement Area"), over, across and under the real property in King County. Washington as ~escribed in Exhibit C, which ,uch exhibits are attached hereto and incorponued herein by this reference. This easement is granted subject to and conditioned upon the following teons,. conditions and covenants which Puget hereby promises to falthfully and fully observe an~ perfonn. I. ~. Puget shall have the right to construc~ operate, m.intain, repair, replace and enlarge an underground deatric transmission and/or distribution system upon and under the Easement Area together with all necessary or convenient appurtenances therefore. which may include but 'Ve not limited to the following: underground conduits, cables., communication Jines; vaults, manholes, switches. ;lnd tr4Ulsfonners; and semi-buried or groWld mounted facilities. Following the initial COQslruction of its facilitie~ Puget may from time to time construct such additional facilities as it may require. 2. ComplianUi wilh Laws and Rules. Puget shan at all times exercise its rights herein in compliance with all applicable laws and regulations. 3. Rqnovalo{ Fill Material. In the event that Pugel encounters. or suspects that it has encountered any b ..... dous .. bstanees in the Easement Area in furtherance of its rights set forth in paragtaph I. Puget .ball cease all opet1ltions and notify Gtontor. If th<! encOlDltered or suspected hazardous substances arc not the wouJt oflhe acts or omissions of Pugel, Gnntor shall, at its own expcn5C, determine if the material is hazardous, as detennined by applicable law. If Ibe material should prove to be huanlous, then the Grantor shall at its own expense, remove, dispose, or otherwise ha.ndle such h8Z3rdous substances, as necess;uy. in accordance with applicable law, Or retoute the Easement Area., ifpossible. Ifba7.ardous substances are removed. Grantor also shall provide substinne nonhazardous DlateriaJ to replace: the removed material for -I . • • 1 !1 " " ~ I .-------:...:...:.--- • • " o • Puget to uso in its operation, if necesslllY. Should the enoountmd or susp .. ,ed material prove not to be hazardO'Js. Puget shall proceed with the operations at its own cost. \.\;th no recoW"Se against the Grantor rOi" the cosi of schedule delays incurred due 10 the delay in l)peralion. If:he e"1ll"ountered or 5Usp~ll!d hazanlous sub3lanc(-s are or may be the tela!lt of the acls or onUssil)n5 of Puget. Gra.'1tor's cbarnclerizatil)n I)flhc substances involved lind any rcmo'nl. disposal or other handling costs incUlTed in connection with the removal, disposal or handling of the hazmdous substances will be at Puget's e1q)<llSe, and Paget shall ha", no "'co ..... against Grantor for the cost of schedule delays iollUl1'Od due 10 the delay in operation. 4. Pue" Usc and Actiyjties. EXcept as provided in PaJagraph I, Pugel shall not use, or allow the use of, the Easement Area for any pwpose wha_yor. Puget shall exerci .. its rights under this Agreement so as to minimize, and avoid if reasonably possible, interl"erenoe with Grantor's use of til. Easement Area as ... forth in Paragraph S. Pugel shal~ at all rimes. exercise its rights hereunder in a manaa so as to prevent bodily hann to persons (whomsoever) and damage to property (whatsoever). Puget shall maintain ... d repair the Easement Area (and improvements thereon) as necessary to keep the same in a neat. clean and safe condition. s. GtADIOr's Use of the Easement Area and Acc!!ss by Grantor DurinR Construction. Grantor reserves the right to use the Easement Area for BY pmpose not iD<Onsistenl with the rights herein granted; provided, that Grantor shall not construct or maintain any building or other structure on the Easement Area which would interfere with the exerti .. of the rights herein granted. Puget shall malte provisious sarisfac!Oty to Grantor for continued access by Gnmtor along. over and acrOSS the Easement Area during periods in which Puget is condtlcting construction or other ac.tivilies. In the event of an ernergcoey requiring immediate action by either party for the protection of its facilities or other persons or propaty, such party may take such aorion upon such notice to the other party as is reasonabl. WIder the circllIMlaDce •. 6. Indemnity. Puget agrees 10 r.\ease, indemnify and hold honnIess Gtantor, Grantor's directors, offieers. employ.e .. agents servants and representatives fr01Jl1lJ\y and aIlaetions, liabilities, demands, claims, suits, judgments, liens, awards, and damages of any kind or clw'aelet whalSOever (hereinafter referred to as "ClaiJns"), including claims for death or injuIy 10 employees of Puger, costs, expenses Iftd reasonable attmneys' fees incurred by Grantor in defense tI1ereof; asserted or arising direetly or indireetly ftom, on I«OWlI of, or in conn"'on with Pagers operahan, maintenance and control of the Easement Area (and improvements thereon), With ",spect to all or any portion of the faregoing obligation which may be held to be within the purview of RCW 4.24. I 15, such obligarion sball apply only to the maximlll\1 extent permitted by RCW 4.24.115. As between the parties and for putpOSes only of the obliga~ons herein assumed, Puget waives any immunily, defense ar otll<r protection e' t i f l , 1 ] I j ! I I .. --. _ .... I • • I , , .' L .. , . I r )~ '--T-' _.---. -.-... --.-.-.-----.--- o • that may be awarded by any worker's compenl:ati!ln. industrial insurance or similar laws (mcluding but not limited to, the Washington Indusniallnsurance Act, TiUe 51 of !he Revised Code (If Washington). 7. Abandonment The rights herein grdflted shall continue Wltil such time as Pnget ceases ta use said Easemenl Area for a period of fiVE-(5) successive years, in which e\o-ent this easement shall tenninate and all rights herttI.J,der shall reven to Grantor. 8. ~ Notices required to be in writing under this Agreement shaD be personally served or scnl by U.s. mail. Any notice given by mail sball be deemed to have been received when three days have elapsed from the lime such notice was deposited in the U.S. mail addressed as follow.: r. Grantor. Boeing Commercial AiIplane Group P.O. Box 3707 -MIS 75-66 Seaule, WA 98124-2207 Attn: Mauser of Plaoning & Leased Properties PhoDe: 237-1945 with a copy to: To Puget: Boeing Commercial AiIplane Group P.O. Bo. 3707 -MIS 76-52 Seattle, WA 98124·2207 Attn: Group Counsel Phone: 237-2682 Pug .. Sound Power & Light Company Renton Service Center 620 Grady Way RenIOD, WA 980S5 Attn: ~~~ __ Phone: 255-246-1 Either party may change !he addre .. 10 which notices may be given by giving nobce as above provided. 9. ~. Pugel shaD ba"" !he righl of reasooable access to the Easement Area over and across adjacent lands owned by Grantor to enable Puget to exercise its rights hereunder, provided that Puget shall compensate GnmlOr for any damage 10 the Easement Area caused by the exercise of said right of access and the cost of any repair, resulting therefrom at !he a<:ttud oustOllllllY cost of such repair. • J - ,"""'" --------~ --- I · • l L ~-----,------- ,. o • 10. No Warranties, The rights granted herein are subject to ~ leases, licenses. and easements, if any, heretofore granted by Grantor affecting the Easement Area. Grantor does not ",.arrant title to i!'s property and sball not be iiablc for defects thereto or failure thereof. Any plans, specifications. or drawinSS (collecli'''ely. "Submilllll") provided by puger to arn"or IJU'--'lJI!Jlt to thi, Agreemenl ... for Grantor', infoonational purposes only_ Any analysis, review or approval by Grantor, or Granto"s failure I. analyze, review or approve such Submil1Bl [meluding failure to discover. " -' error or defect in such Submil1Bl) shal1 not ..neve Puget of lIlY of ilS obligations uoder Ibis Agreement Grantor hereby expressly disclaims l1li)' and all wllTlUlfies, expres& or implied, wilb respect '" l1li)' ,uch Submittal d<veloped, reviewed or approved by Gran"'r as • coDdition of this Agreement. Il. Successcn and Auip'. The rigblS .. d obligalions of rile parties shall inure to tile benefil of and be binding upon Ibeir respective sueeesson and assigns. 12. Ierminati9lr Retocatipn. 12.1 Gran"'r may require Puset 10 relocate !he easeJDenl gnmted hereby al any time .. d from time 10 time 10 another area of the Grantor's property, prO\;ded tbal any such relocation shall be at Grantor's expense, .. d provided tbat lIlY area to which the easement is relocaled shall be deemed tile 'Eaerneal Arca' for aU purposes of this instrument from the date of suc::h relocation. 12.2 In the evenl Puget breaches or fail. to perf""" or observe lOy of tile tenns and conditions herein. and fails to cure suoh breach or default within ninety (90) days of GrantoJ's gi\'ing Puset writteD Doli .. tIIereof, or, if DOl reasoaabIy capable of beins cured witJo.in such ninety (90) days, wilhin such other period of time as may be reasonable in tile circumstances, Granlor may tcmrinate PusCl's rights UDder this Agreement in addition to and not in limitation of Illy other remedy of GruaWr at law or in equity, and tile fail .... ofGrantoc to ex...,i", ..... riBbt at l1li)' tim. shal1 not waive Grantor's right '" terrni."te for any future breach or default 12.3 Upon terminatioo of this Agreement and if ....... ted by Grantor, Pusel, at its sole cost and expense, shall """ ... from tile Euemeot AIu any and aU improvemenlS tbereon aod restore tile Easemeot AIu to. conditioo as good or better th .. il was prior to coDstruclion of said iIII""""""enlS. -4- ----~----.. - t \ I· · _____ -.:L:.:.,. __ ---=3:.!.,.'2 " II • . ' 6 o • 12.4 No tcnnin.tion ofthi. Agreement shall release Puget from any liability or obHgation with respect to any matter occurring prior to :i.ucb termination. . DATED Set! 2 f1 . 199~. PUGET: Poget SolDld Power & Light Company GRANTOR: The Boeing Company. by and through its divi.ion, Boeing Commercial .A. irplane Group ~ r . IJ. "*" ~~!oeI'lin "'" Sa .. ", j;K'·"'I_nli~t~ 11 Ai",.,.... STATE OF WASHINGTON) -_ ) ss. On thi'~y of • 1994. before me the und"",ignecl penonaIJy COUNTY OF KING ~ appeared J. I. NELSON to WD 10 be the pc""n who signed as DIRECTOR OF FACILITIES of Boeing COIJIIIlmial Airplane Group •• divi,ion ofTHE BOEING COMPANY. the corporatino dud e>COUtcd the f"'soWg irulJUmen~ and acknowledged the said iDstnunent to be the lice and voluntary Il:t and deed of said corpor1Ition, for the .... and purposes dim;' mootiooed. and on oath stated dud be WlIi duly authorized to e.eeute the said instrummt. - 5 • ---------... --~------ I· · l ___ .-;..;..-:':.:..:i _:.-. __ --"32) II -. -~ -."; -------~~-.. -" ... -_.----~., _. _._. -.--------_._--~ ... ----------.... -. -.~ ~, .. I I I I STATE OF WASHINGTON ) )ss. COUNTY OF KINO ) • ~.• day of ~ ,1994, bcforemedleUlldersiSQCCIpmoaally appe ........ 10 me known \0 be 1IIeJ\".W6sor PUGET SOUND POWER &LIT COMPANY, III. corporation lIIat.xeeUled lb. foregoing inotnJ1neot. and a<bowIedged die Slid iDsInubeIII \0 be tbe lite and vollllllUy "'" and deed of said COIpOtlIlion, for \he '"" and I'UJPO!<' therein mOllli<Nled, and Oft 0IIh stoted Ihat he was duly autborized, 10 _ tbe said insIrumem. WITNESS my hand and om.ial 0CIlI heteto affixed th. day and year lint above wriuou. ~~ N ~ in and for the S_ .fW~ midiag 1\ "ljiu",... . My .,."""u.ajon cxpiJes ..k.""",4f ·6· I· · -_ . ..1 . .I .,---.. ---,-----r--.... _--.. • EXHlBITA (!~g&1 de£cription of Emmi:ot Area) Except as may be otherwise set forth herein Puget"s rights shall be exercised UpOD that portion of the Propmy (the "Easement Area") described as follows: The West len (IO) feel of the South 2S feel of th. North 95 reet or the Property described in Exhibil C. , ........ -.... _-----. I· · .. _J ~---.----,------... ----~ .. --- • EXHIBITB (drawing showing Easement Area) '. , . ) I· · • 32' II • \ , Cl • --!...._~=:"=_'~_:.J:::-.c'-··~I~-·-+--·· ,---; -i "i-.1 - '" ... .. -• • • . ,. . ~'1r"" ' ... . ·.$-if.,· ,._..,. ----------- v I · • 52 ' I r • • I I i I I . . • .~ . '. " , ----,------r' --r----~-------------."-------. ----.---. ---~ -- - (; o • EXHIBITC (legal dmriprion ofr.al property) The North 300 feet of1he E&st 100 teet of the Northwest quarter of1he Southwest quarter of Soction 3. TowlIShlp 23 North. Range OS East. W.M.; EXf'l':PT the West ten (10) rca 1hereor coowyed to the City of Renton for road. "".,"'" I· · 1 I .. .. ryn R£{'OItDNG RFf\ ll' TO em' Of Re\"TOS em' OD.K'S OFf1('E ::00 MB...L .. \\,£\l:E SOllli ~Tmtw.:. W."~~:HI9 • • • \ , 1· :-...... JIl'~ ~ h'PC =~ "'A.SHl"iG'I'OS STAlE kECORJ)£I:'S ('~n sated '"RCU."\':>.Gh I-r ..... ',w __ ...... , , .. __ ~""" __ ...... m' ! ~ "'".-...t\ r-.s Itcfc:ratt. ~lir fillIP 7 asipeII or~ 96' 2120155. bcas ~ L '10 c:orm::t error ill Exbba: A C..-.r1,s. n .... _ 6nt. 'IIq Ii:n:I met -.1 fIIl1tg)sl , II TIlE BOEING COMPA.''Y.lI Ildh..-.e o:xpor;;a:icn i C,Mlec:UI,l...-:wmcfiBl.lbo:nfCS:: __ Imla!s! I' ('ITH"-IIl:~'TOS..-... ...... _ .a~-"I;IIIPIF <I_ I LopI-.": . ........... Ie loA..~~ .. «~kM1IIbiJ;,~J i ,'~ of iaad ~ Pad ,h(Dlf' III. Su:t.u:a I.. T:.I11 .. ..., l3 Nor1h-RaJsr 5 ~ VI M. III Kims C--.W_ I,,_ ... ~ ,,""'g/~ l',,--,,"·5~Tu;r.uJJ.4(~N-.cn; I tIlJI5-"ll i --1IZlIS-91SZ , .- r 0 _Tn .. w"' ....... '''''''--~ ., • \ \ I j-, I · • , r ---------------- • • • \ "'. ''''~', ... ;~.,atn._.:..lO. l I , , II • \ (\;to.. .~ n. i..''':i·'':!~ :!...... . •. ..ttI ... ~,. . ", ". - Tho! C:-antOr. !'fl!; t'P.!n<: CQIdI",,,,.,.. " t>el .... .:r~ ~::'.-t:~..,. lbfIrebaftf't" reb,""", 'to as -1Ioal.,...-,. for and in conaideration U. ha:kt pa14. e-tmveys and ~rlUlU to t.."1e ~ DF ltDl'OII, .. --.f.ci:p&l corpant.1cna It'f ::lie St.ate of ~ Uwae1Jla:tez tle CDanty of U1ll9. State Df ~. won p&t1:leullll'lJ' ~ibed on ZXl.ihit A attac:bed hereto and bJ this refel"CC8 illcorpo~ .. t'" heH:il: lbereiMfter re:!'enl!ll! to ••• ~ hopIrl:.y.); suen:cr 'l'O~ 1. Ala ease.eDt _ffect.iftg .. portica of tbe ~ for !:he po:rpose of UI .. !ect.ric' 't~aMIIls.1oft 11" ..na :L2lcidbtal purposes ~ fawN' of the City of Seat-c:le Wb:l.dio wt.r.nt. " •• :reeftll.IS on DeI:~r 27. 1934 WIde: .a.mita:r'. 90. 213'D3I. l. An ••• .-en:. :or conlitruct.ion ••• laten.nec ant opcratiotl 0: .. =ailWlY t:ack ov-:r porU0n.5 o!" the "r~z:ti' reserved in ill tHiI f:,Cft Pacifie coaSt ILl!:, Co •• a ""~!I9'!.Ol!o e:orporzticm. neorded 1mde.r Au,Utor' .. File •• u6UU. 1. eo.a-..uon kit' U. Stllte ~ 1Iu.hiJIg'to:t of .. rigfl~ of .. c:ceu to state b:l.qlaray -= ;:tf liljbt. TiC'll Md au, by d~ Cfttued: "lIM Z'. un 'CZIdeI' CUe •• SS-6m. 4. My ~aee. or aefect.s that. _,. atuch Jlfte!' t..be tIItll: of this Statutory 'NarrADtr Deed. tlu'lmgIb atIJ' per$Olll o~ than Ioeir.;. EltZflrJ .. AIID i£S£k¥IWa to Ioeiog. its ~SDr". ut1l1plS. ilWitecs. lice:.'te'C'a: UI4 pm::slttees • IICIftCXCb:S1~ pcrpct~ eue- _Ilt Oft!r, .crus .... .no! ~r the ~ •• follows: 1IoeiDg: shall ba"" tha perprtul riPt. to rlpente, _iatUD1 ~ir .II'" replace t.he 'bridge. ~ pr'esentlr 011 the Property, , \, - , ~ ~ .... -J ~ ... ~ ;; . " • I t ' • • -'"""'\. } '., ;,.". ... ---~~-------- • • • .tO~ ae~r p£es~tly an tM !"ro;>ert.y. U:M;eu.e:r vith 11;;.1 ::.e;u:~uy or ~¥ • .D1eht. .PP\lrt~ t.O SUd:! abut.&Au. duct And seve:-, to enabl~ lIoe1wg: to exercba .:.u rights t'.tteunde~. Tile ~sc:ip­ t~Oft &nd _PPC:0:llia&ta locaticm of .\let! abutaes:!t~, feeder /Iuc-t a.n3 ... t.tached btnt.o ADd by tlUa referee. 1riCCrpQ:"4ted budn. hr.ter of ~taiQt 1~ TlU.s conveyance is ~ tlPder aM subject to the follOlolb; conditions! 1. 1'hc!: Property sbAl.l be ~ to wIttell the nr~t adj&e~t to U1e Property vithin 10 years aitt!r the .ute of this Sta.tl.lt~ W.arr."ty ~td; .and 2. Renton vill a5~ responsib~ty for vi~~nin9 the Au-eet. adlollcent 'to the Prop"l" inclJxl..109 lotlthaur. liltiutioo any and aU !.apnw_t5 or .. ppucleJlilIlCC5 rcl .. ted theret.o. Any slIch "JAetl1n~ ol the strHt adjKe1lt to the I'r~ty, iIlcludiD9. wlUlout. la!uUon ally aJW1 411 1JiIp1u ....... u IW: .~Cf!5 related t.bereUt •• h.aU be U no coat 0= ~e to Boeing nor .hdl aay east 01' expenae tb&nof or ral.tAd t.heretc be uaeuet! &'1ain:rt t..h. Pl'opKtl' abutt..lag tM 1Topert.J'. __ too Ilba.l.l ... :r al.!. to. cost. aDII a:pen ••• of ""'.1ag ~ rel.ocat.:i.al;1 to ~ '. utbfae"loD t.be property &lid. iJIp~ta ,_ lbeated Q;l t.W Propertyl. tM d.e&erlptiOli a.ac1 .~u 1.ccat.i.oQ. 01 whicl-. &.re sbovn U Au.berll: J. ". 7. I. U aDd 12 OD !:ddb1t D-Atta.::tK~ bereto and by this refll!:reQC.eo iDI::ot'porateC! ~in. krltoJJ v.ill also pru.e.nie aDd aaiauUl pedestrian M4 "ebide eroSllli"9 access he.. CNlS 5i4c of the st.:r~t ~ to tbe Property ta the o~ side of 5U<=h ztreet t:D .. ~ .. t lea .. tb..uI pren.ntly exhts .-Dd Ruten will. pay dl co.u u4 npeaae. re~t1.D09 to .uch pruerv:'t~ U!4 .. ~. -2- ;f ( I • • • • • \ If Lhe itr-opert.:r 0: Any p.::I.rt tt.et"C'Of~ by tile ;).ctio:'l 10':: oa1ui(Ul; to at:t of ltent!'n, or its .successol's or aUl1j1ns. is not after the date of thh Statutory Warrant.y DHd t:Jr the con;ii.t.ions stated in par.gr.ph 2 ~v. art blOt. comp11e4 with or az. ot.a.:- "he Mit fully _tidj.ed .ana fllUillcd. tJtan Boeill9' shall have tbe r19ht to re-enter:: lbe PR.,.rty ,lind. ten:bate _y estat., rigbt., title or iDtll:re .. t. 01 limtDOl, iu SIaCC. •• on. or ...... ign.s. ~ ItId t.O cbe Prcputy. "it.Mat OJ coat or f~ liabilit.y 011 tn. part of JeIrton. III 'Illl'lI3SS WBEREOf' ~ BOBJIiG has Cl';lJed this wtr1Peat t.o be ea:eeut.ed by it.s p:ope:t offiCIII'5 ADd. i.ts corpor&t. seal. to be hl!:%etn"'~ affixe4 ~a \q -;a--da.y o! . ijz..otL. . 1915. S7/.n: or NASlIl.NG'1'O» } ) $S. C,JOlIl'X OF Ki _. ) On thb ea7,~ da,)' of Ae:rst . U16. befon IN. tbrI Wldenifn ... tar)' M1tc"ill iiiiI IDr 'the .st..u of W ... !t- i .. ~n.~=-1Is1011ed IIbIIS wc)nl, panoully ~~ , ~ >~ __ V'h • to ....... to .. tbo:.s"J-fe '_';)_~""'* .. ~I o£ ~. tbe COI'POrRlaa Ulat aecatiiII &be ,c1at iaa;t..t'l;Jl:lMt. ud .adulwla4yod tIM: IIa1d .m.~ ~ be u.. tn. and wl_tuy ~ ~ "-d of ..u coqonu., for tM IIlMS .. ed purpo... tllere1Jl IMDtiflft8d, aD!! 011 OIItb· .t:at.e4 that M 'III •• • utboriud to exeat_ the sdd wu..eJlt aad that tile ~l dlixcd b '1:11. coQlCtZ'ah .w of H14 C(...I'QUt.iGn. . Hit.,. .. lIlY bud .Pd official 4Ul hereto affixed' t.1'Ie 4ay UId year first above written. " ., . '--~")- I • • ,. l , • • • \ on. .at 12 fM1: IJ'iltl ~1J' of tM wtlRft'ly ~ of t.ba 80IItJarly rlpt""Of-wy 11 .. of I. hb S'tI'Mt., !!! u. .... t 15 feet. lriJaI AIOftbarl1 Df tM: wut,uly ~ ot .... _, ____ :u.. of I. ItII _ of tI>o foll4w1DJ dNc:::I'J.bId -.sa tonftl -~, ..,.._ ..... _ ta. ~ Df tbI DOd:b l.J..DII of tbt: • 1/. of U. _114 Of s.ct..1wt I. 'f'IIII. 21 •• , bq. ~!q •.•. , wi~ dill • pndaetJ.an of '*' If l:iu of Part Aft .... ~ in IIIIItoa Pua Plat., .ace to 9ol. 10 Df plfta, JIA99: 91. lD kev til $ al9 U. ... ~, to • pt t:baa: 115 ft .. of t» & If ... of .. ..aty .. till ~ pl.t .. 4bt. 71S It. • trw ~ • hi to tile. pelt ' ..... 01". ow:-u.. of hllr It., Uo I al, eel prod o.ter u.., to ...... U. of tIIII • 160 It 01 .cI 1IIIbll., th • ~ ... u.. to U. el7 '9D of •• p at, rt-o~, c:1I n,. &1t" .. el,. ... to u. • u.. of .s ntdJ ... , tb. .& ali ..! • l.l.be to ~ JIOtat of .... 'Mt "'. IJ'\cl~ all tMt portion o~ et;n.K d9ht-of~ yacated. by O%di..oanc. 110. ISH lyiDg: Idtl:1D u.. IIbono 4atcc:LbMI ..u t:raet. EXHrBIT" A page 1 of .. \ , i I· • I " / ---------- -- • • • PJUII: AVEJID':: MICa1f JClCiJI1'-oC6 __ Y K\1U1SD'lCM -....~ \ All tbat part.1oa of tract ..... fithUI ., 1/4 s.et1oo B~ 'rWp. l) Horth, .It.lI1Qe 5 Eut. tII_ .. t,'iJIgI EU'tUlp of t:bIo ..... 1,. :ri_~.....,. lJM of :r.ta ~ alC. faI..o bcMl .. Puk Aft .. W. bd al..o SItCCIIdu7 State aw:r. 10. 2-&) ad ......... 1' ...... tlled,. of tbIo ~1J' r1tJbt1f- .,. ~ 04 •••••• lb. 1 ,11-405, a:m:II ~ lat. I. J .1."1_ riPtvf UCJ ad ~lr ... ~l,. of tt. fo~ 1llucr1bed liM, ...... t.,"" n a poiat. aD. ttr. ~ 1JzM of t:M .. 1/, of .s.=tJ.aa. It .,aid poUlt lIe1Dg 25 r-.t. .... 01' 'Cbe b~ of. t:t. --.1,. rlgbt.-of- .,. l1M of I.-b -ebj rm aJ.... _till aL4 ~ ltae of tbe w V.& of s.cuDD I, TbeDea ~l,. aJ.oo9 • lJ.De tlbich 1a ,..u.J. vttb ad 25 tM't auterly of, ......... lit. riPt ....-Ui Mid .... 1' rt.pt-of'""WIIY -.qil\ of 14ke ..... ' J*cr 11 ..... '~ of 170 INt, TbeACe IIDr ....... ll" ill • eU'a1,bt. U. to • poiAt 10 rMt ... tuly Of, .. .-..recJ K ri_ ~ 'to U. e.uteE'lr rJgbe-o.r....., --vta of ....td rod. Mid JIO.0.4t. baia9 "0 f..-t aon.b ~ ~ .ou.tla l..SDa of 'tile. W 1/4 of se;:tioa 81 ~lIot CODt.1ma1DIJ IICIII't:.bedJ ~ • lJ.De 1ib.1ch a.. pn.11~ tdtla all 10 feet: euter1l of M14 ~lr ri.9bt.-of-..y ..,u. t;a • JIOiat. OfIIDIl" HigbIIIq' ~'. St&1aB 0.00..rt1D9 u. PC of • c:uN _ tbe CllAt.u liM IA-UaoI _ of •••••• 00. 1 I_I. _ .. SlIt .. s.. .. r_ ... tal,~ .. _ ..... ollt>&. __ .. Tnet "."l_vitllh._ipof I_ • 'Oft _ 1_ "'_ to> ... ~ viti> till ...... 11' ri9bt ... '_ ... b of •• 1.... .... 1 lD-tOS) rn. • pDlat. OIIIONtil ~ 1a9lMU' 31 stat:loD 0+00 ~ • .:uft Ut U. ~ to • ~ .."..tt. stat.ioe 5+155 ... 0:' ~. TZ'act -I.. ~t: paIt1a. of .... U t.-n-_ 1/4' of Sec:UaD a, ~ 2J 1tOn!l~ Ra:D9II 5 Eaft., W.L. deecru-l .. tDllotMl ~ fat tM ~ of U. ~ J.J.a. of Nt. ~ ~r , ... 114' vitll tM ....-1,. ..... Of .... ~, ............ ~ State ~ 110. :la, ~ IOIDI::h "'.-1'--=-c. a1aDg ..u aoat:b 11M 'l71 • .Zl fNt., u.c. wortII 0"'»"51-.r..t 3$J.2l t .. to u. poJG of cunwture of • ~ 'to U. left Df na.. t50 twt. ~ aortbtrly .1Dn9 said c:urw U4.82 t_ to tAlI JIOiDt of ~, tbeftir:.e 1fOzth "·S"J9" WHt to .. 11lterwct.ioa vtda dire ~l, t"l~--of ..... y EY.HIBl'i" -AM j'aqe 2 of " ... . "tt It '-. I I · • • • • \ ~Ui ef '.S ••• iIo. 1 (i;I. "OS) 1 ~ .oalh:::uterlr &Do-~r-uly .. ~:-n; sai4 sny :t1~~...., ~ tD _ ~ v.ltll U. ..ut.U1y uqh~- of--'lNlJ' ..qia of .art. .......... ~ _UIH'"y ~ U. ~='.i" .!.i!=-.:!~ ~~ ... nor _ill" It_~ N. = Aft alai: ton 1Iitil tbe eatIl lbe ~ ~ _ 1/4 of Sec:Uoa & ad t.be ~of~. E.xHIBIT -A- paq_ 3 of " • riM 1 I I , i \ 5 51 t L • 1 it t d .. • • • ...... _- I:l~a or 'AT aeQDUrnal -- \ All tMC poctl& of! ~ ... 17U9 _ I ..... 1,. 01. t:a. ...... t r1, ri9l>t-of_ 1Il1O ~ •• 1.0. lD. 1 (D _, __ --.. A' u... ri9I>t"",-.... _1, ~ tIIO _ n,Iat~ 1Il1O ~ ... ..". atea abrI. •• (JuIc &tie. a.) ... M8tIIId, ... U 1 tilEl,. of tbe~· 'Wu. • ......... ~. poIft~ .. ""-~" ~ _.DO .. _ _ ....... 1JIooI _ of ...... lD. 1 , •• " ooid JOUo< IooiD9 so ~ ... , • 1., "abCIa, u..o. I -=1,. L ".'.so. ad.I --.-UN .....,. ltD • ~ OJIfGdM ."...., __ : '. ftat1aD, ..... JJ .... 50 "he .. tady -~ _ tJ tcc1r • tv" of 5 te.t. to • ."sa& GIfMl-AI::tlaD o.ae." ... 15 __ ill "'1, ~ ..u ___ .n AlIIO beUr till P.f. of ~ ~~ 1:M ldt.. fteIIae 7 _II' ~ • __ ..... z.ft: ......... S'aIIIS.M of 627." &ft. to .............. _ .....,. .............. 0tG0 .. ..w __ 0100 _ tIIO P.c. ~ Hi4 _ ... $S __ -_,. __ ..... ~ ~ 11 __ 1"",, _ ..... puaUal wi* .. watal, rilltt of WI -.u""" M d' stca 81"". ar.a ... L' ~ rz......, II:atS-. 04-00 .. wht • ....... tIOIItMt'lJ., tlII MIIIltb 1JM or ClOG L J.Ot. J, .. e.cuaa I. I'rIOCt ... autMt~oe.. ~ 1.2_1 ............... u." • ... 5L ..... __ $ ....... DftM ....... Qh~ • .....e.d,of LtIIIa",*, ..... ~ .. a.L _.-lIMa _ ... _. a., ..... 7 1r all ..... 1' 01 ...... -1., ......... 7 7 $ ....... c1W. '"''!'It ... tbd: ~ ~ w.., n' staa Il..t. _ .... til ...... •• au .. EXHIBIT "I." page .. of .fo '. -------_._-- ... I I I ; , I · J ',awz! " M : .•.•. '.). . • =z-....... , G • • • '" 0:,. dla: ::r <: ,.. 0. C "2 \ '------'":~~~~'T-111. ~mffj~W '1,1 pp.DP05ED STREE.T VACATION AND __ ~-RIwa--OF-\vAY ACQU\~T\CN eDEIN<J CO -CITY OF RENlON -+ I · • . , :!!"W.IIIIIC .. '-:. ------.-- • • • \ ':'hat. portion of Log'aA Avenue North, North of 6th Stree located in section. 1, Township 23 Nort:.h, bnge 5 East, W .. .tia State of Has}o..ingt.oD described as foll.Gws: Begizmi.nS' ·at the JIorthveat corner ~ ~ intersection of l.09an A~llue North ar:.J 6th Street.,. thence .... o· -26'-1111 E. a dis~ce of 1298a87', ·thence Sa .,. -33'-42 11 Ea a cUsbta.c:e of 5.00',· thence: N. 0-.-26'-18" £. a distance ool 8'4."'13',. thence. RoO 41--22'·-31-Ii_ .p a c1istaDce o~ 2!i.ll·, theIlce. N. fl--til-Ol-E .. a - distance of 50.18', thence S. 41--22'-31· £. a dis- tuce of 43.92', thence s. 0" -26'-~8· If. a distance of 883 .. 83', ::hence s ... 89·.-33 J -4211 .It .. a dist:an03 of 25 .. 46', thence 5 .. O~ -26'-~8· Ii .. a distance of 1298.87' .'. j:h~ee. H. 89· -J4i'-llll.W .. a distance of .80.00' to ~ point of begiMing •. An area of 3.43 ac.:;e. or .. \ 149,.360.51[1: s .. f. .. .' \ - , , \ ---- . i'· •. ,.:-) ...• I-- \ ., sz;.- • • - ',,!\...a::' p.:!tt.J.";" 0: t....: .... I:.:,.~.~~ '.:.~ I;t<o.!! ... y".,: ••• l·~!. l..',... ..... n .. ~ ~o:t.·o,. • ..:~!":r !,;L..::t;! ~:. r .... l" ;1.,:.. 'JII. ... ,J 1',.;1: \ I,\f"e;II"e il'l ~l'I:.o.'. ~:..l.:'!-,l:l..;:tO. ':::10 ;. .. I:I:.:t ... ..: .in tll ... t:y.:: h- "'e:~t Q;;.;l'":..c: 0: !.~'C:!1,.I' t .. j .... ~.~,,: .. II I<[~rt":l. I:..., ',": J:~,.:t. ~:.!:_. 1:.;..-:<; CO..::-::" ::..:::,.' ~·7:':::'~ ~'::"', _. ~~.:_.!._.: ~. ~~,..::.::;.!:..:..: -," :;).::.::.;;.~ ... : C"o.~~:i"'; ... :. ':::1..: .i::t~,.!:o}C:j.u ... o! t:-H.· !.:..';::' ; lao..: .... ~ l.~"'C :.::0::.:-: .... 1>:. ~~"l.".t:-: :.J.i.t:, ti-o.: L::. .. t.<,;-:;l-r It-..:<;in '0';: ~ .. ;.~ L.::.ke l;~:Io"li~'i:'or. D.o.tlt::" .. rd. !-Ii..! y.:aiF,:' 0:· .io~"':l·::;cc:ioa oill~ ~.::.!.:-.; UHF Sout::-.... :Iot cOr."..,r o! t.ho::: t.oL·im; Co,,"?,,:;y': :!:~!;t k!"l:.!"t ·:U: l'.H·C"(:~ IV; t!u:.!.=e 1".:1::"'::1':::. -!..:'_<:..:.- 1.:'::10':: ':!O~i t~ !:.:::ot .. :!y 1II.!!"t';~:"I e! ::;,,:'<.! I...;,..'h ~ . .:.,.h':':-:o::.on D;lot.;!eV"rr! 1.U3.'.1 !~t ~;) .. point. :tC.ti:l L"(:"c':: r.i.l):"It or a~ __ asl.!..--ed: ~t ri<91 t ;)1\t,:le:s t.o t.he w ... ,.hingto.""\ !:t.::.:.e JU9!\W.ay ~PAI:~::' liort.h JIo!n-c:o., In~c:rC"lunl)C C~tI~c:rlll':'" $:;o::::io~ .;, •• C+CO. ,.;,;:ti~ St.il:;io:\ t>-e~;'tr; the-po-~l"l~ L>~ C\!.:""\'.al;.u.;re: of • c~""'.c to the ri9!\t of C"1:1\:'c:-:U.:-~ i.l:":i\!~ 5"72 .• ", iNt., "Ucnco COI\timang No.;-t.h O· -S1'--U" EolSt. ~lODIJ t..~~ East.,"l,. JlQ.x'il"h ot ~d. ~c w ... ~llIi"'<Jttln __ lktl.6l.ev.ar4 2').01 feet to the poi.nt of inC.-er:H~~ctiOfi with oil c~-e of :z:oIiId.i.1,I.S 611'." ta. ... t I'l.:lving-.:l rad.;' .. 1 bc: .. dnq South 60· -3D '-59-~t; thc:r.c:::e cont.inuir.9 ~o:rth 0" -S7'--U EUc. uOO9 :..tid ~t.er .. )' "'1"'911\ 1.89 feet; I:hll:Dce toPmJCnt. to Lhe! PI"«C'ding-C"Our:::c: 1ItOI"~hQ ... stcrl)" ,a.10A9 <01 curve to the ri9ht no1t¥iftg' oil. r.J1!i...,.::. of 2t17.G'; fr::et.;)n(! ,p.central ~n9·1e of J," -21"-·U·-.... '\ .:1rl: distolflce Dr 1'7~'0 fC(::t to tho:!" true paint (I! he~.i:l,.,.i.n'i; tnenee ~tinulnq ~orth~o::st~r~~ w~on9 ~~i~ cu~v~ ~n .o.::c di:ot.::..nce ,,: '1!)~') fet:t.. to .. p-:>bt c..~ rcvcr.~.;:: c.::-v.::.:w:a of '" c:urv~ to :~e l( .. ~t or r.;.C£\i::; 2.1':'L::n fll:t::; :::n~"u;:tii tlortr:IIN:.!>:::t:rly ~lo"9 :'3~ c,;: ...... ; t.::< the lett ~r. ;:.rC le!'lgth ".E H~.r.J fee::. t.o OJ ~i"t 4IC in!;cr::;C!ctio~ "':'t~ t..':e .sOL.:~!n.o."l:c.f"ly I!!I.::.r~in of !:O..:l.i.C:: tl:c~:!-: ~r.toa '::"tc-rc...'lange In:-.. daceC'o::: t.he ccnt.e.: o! ::.:~.,;. C..a:"'ol be.::.r~ Jlorth iI)--<O'-J~" I1Ic~t:; el1_ee NOrth ... r.--)l'-2:!)~ ·I~"'j,t .. 1.01'19 t.he $out;r .. e-stc.cly IIIolIr~i" ~! :'.:1.i....:: interch..:l"'ie 60.0& tcet. t.o oil point 0r:I t.he Worth· .. ~s.t.C"lly 1III.1I49':'n Df s.;:.id. l.iIJ;c tI,n:tU.'9t.oa baulc,,;:;rli .:.~ the !o.:l"d;~e.l,.:.tt.-'""ly ~=::'iir. o! t.hor; Bu.::li.r;,,;.;.:. :: .. rtblCrn F..a.ilt,,,y !:i..,~t.-at-II':'Y. !O.::.i~ point beinS txIt ~ curve! o[ r.;:;<!lc 2,052.37 tcc::' (rOR Ytich tbe center beer:;. North' -"--J"-lly .... ~!l.t:: tl\enc= Southwes ~ ·ly ~ ::.tid CI.U""~ ...n .. re lCl'gt!\ oE n8.'S (ee-t to~ .. ..oint of polbt of wgrney: t.hcnc.:' SOl.lth So· -1,3'-.32" W~~ !'lollg thll.! So!oIth~tcrl:r KOIo.f"g..i.n or ~.lIie Dllr1ingt::F:. !io&thoern n.ti.lvOoly ki9hl:·<.t-\-f~r 4~,C;:! 1_1:; ~ftr::e south J,. -Iii '-2'-rast. .... ,c !e .. t: t<:l ..: point ~l intersection with the "Wesut"ly JlUr-,]in. of .!:.:.id L;::):~ y.a::h.inl;ton !JoI"'\l'.:vazd~ !:ili.c1 point. bt"itU; 0:1. .a C!.1!""~ of r.lt:ius )47~64 f~t frt* wi.eli tl:Ie Cent.er br..::Jr:: !.ou.th ('9--"C'-)." ~t; t.~ lc.i.viq -&'"1.111 ~~tC't"1:r J:I.::..r;.i.n of ~ tfUh.i.Dgtcm uc.d.:v.::..rd oiIlonr;r Ll~ -c.!l.lic...l 1.0 the rlU"Ift:. tw"iulj .a ra.:!,i,ui; ~[ 31;1.,,-1 tc:~t. ~nu i.t c:cnt= .. ~l ,;::n911:: of )'-~2!'-;1". :-.oll-th ":iJ--'..O·_:;U" t:.::.1.t. ioO.OO !I;et. ta ~:le t:"\~;;:; ioOln.t. (It; k"?inninc). . } ·.1 ~ , r I [ .c, _ 1'- i I ,--' '. - I • • t , d '. N N d-... Z) ... " R :7.1 • • • \ r .; .IUI.~ port.ion of I.og:m .r:"n~ t:orth, f:OZ'U; 0: 'th !:.t::~e: loe4tcd .i.~ S:cti.:ln 7 ~ 1'ow~p ~) ~tb. bn:;o 5 E~st: .. 'l!.H. 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Documen t Title: Declaration of Covenants, Conditions and Restrictions and Grant of Easements for Southport Grantor: Southport, LLC Grantee: Southport, LLC Legal Description: Abbreviated Legal Description: Lots 1-4 of Renton Short Plat No LUA- 99-1 34-SHPL Full Legal Description: See ExhIbIt A attached Assessor's Tax Parcel Nos.: 052305-9076-03 Reference Nos. of Documents Released or Assigned: Not apphcabJe DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS FOR SOUTHPORT ~ THIS DECLARATION IS made thIS 14'h day of November, 2000, by SOUTHPORT, LLC, a Waslungton limIted lIabIlity company, whose address, IS 10843 N E 8th Street, SUIte 200, Bellevue, WashJl1gton 98004 RECITALS A Declarant IS the owner of that certaIn real property located m the CIty Renton, KIng County, WashIngton legally descnbed m Exhlbll A attached to thIS Declaration (the "Property") The Property IS currently known as Southport A sIte plan for the Property IS attached as ExhIbIt B B Declarant deSIres to create certam easements over and acroSS the Property to assure the proper and effiCIent development, operatIon and functlOnmg of the Property, to create proVIsIons for the construction, mamtenance and operatIOn of common areas and 3129\{]OSII1I3100 TBARKE\sEco~ounlPOR I -1- = = c:> c-- other bUlldmgs and Improvements now or hereafter located on the Property, and to make certam other covenants and agreements relatmg to the Property as more specifically set forth In thiS DeclaratIOn DECLARATION NOW, THEREFORE, Declarant declares that all of the Property IS and shall be held, conveyed, hypothecated, encumbered, leased, transferred, sold, occupied, buIlt upon or otherwISe used or Improved m whole or ·10 part, subject to the covenants, conditiOns, restnctlons, and easements ("Covenants") heremafter set forth and all of the Covenants herem conlalned are declared and agreed to be In furtheranl.e of a general plan for the subdIVISIOn, Improvement and lease or sale of the Property and are establIshed for the purpose of enhancing and perfectmg the value, deslTabdlty and attracllveness of the Property and every part thereof I 1 SECTION 1 PURl'OSE Purpose It IS the purpose oftlus Dec larallon to (I) Ensure that the Property Will be maintained as an attractive settmg for office, hotel, resldenllal, retail and other consistent uses With ample landscaped areas, attractive high-quality structures, proper and deSirable U5el> and appropnate development of all of the Property, (11) Protect the Owners and Occupants of the Property agamstlmproper and undeSirable uses of the Property, (111) Encourage the construcllon of attractive Improvements In appropnate locatIOns, . (IV) Prevent haphazard and inharmOnIOUS development of the Property, (v) Secure and mamlaln proper setbacks from streets and adequate spaces between structures, and prOVide high quality development on the Property I 2 lnterpretallon Secllon 1 shall be used by the Declarant and the Assoclallon as a general standard In Interpretmg the provIsions of thiS Declaration and Judging performance hereunder, In the preparation and reVISIOns of the GUldehnes, In approving or dlsapprovmg the development of Lots, and m carrying OUI the overall development of the Property 3129\005 11/13100 TBARKE\~ECOlSOUTHPORl -2- ) \ SECTION 2 DEFINITIONS 2 I Beneficiary means the beneficIary under terms of a Deed of Trust or a mortgagee under terms of a mortgage 2 2 Board of Directors means the governmg body ofthe Assoclalton as descnbed m SectIOn 5 2 3 Buddmg means and mclude the pnnclpal structure or structures on any Lot, mcludmg all projectIOns or extensIOns thereof, and all garages, outside platforms, out buddmgs, decks and other anCillary structures and faclhlles, except where anCillary structures and faclhtles are othelWlse speCifically referred to herem 24 City means the City of Renton, Washmgton, a Washmgton mUniCipal corporalton, located m the County 2 5 Common Areas means those portIOns of the Property now or hereafter deSignated as common areas by Declarant or, after Its formalton, by the ASSOCiation, mcludmg private roadways to serve all or part of the Lots and all curbs, gutters, signs, Sidewalks, dnveways and landscape areas adjacent to the pnvate roadways servmg the Lots, mcludmg, Without hmltahon, the Mam Access Road, the Pedestnan Promenade (which Will mclude a landscape feature) and the Monument Sign and all IIghtmg, utlhty, spnnkler and other systems, equipment and faclhtles located on or servmg the Common Areas, as such may be altered, reconstructed, expanded or Withdrawn by Declarant or the ASSOCiation from time to time For the purposes of thIS DeclaratIOn (Includmg, WIthout hmltatlOn, the easements set forth m SectIOn 6 4), the Mam Access Road and the Pedestrian Promenade WIll be generally located m the area shown m Figure I and Figure, 2, respecltvely, attached to thiS Declaration The partles acknowledge that the actual locatIOn and dimenSions of such Common Areas may not be determmed until the Improvements to be constructed on the Common Areas are completed The parties to thiS DeClaratIOn agree that, upon completIOn of the Common Area Improvements, the ASSOCiatIOn shall obtam a survey of such Common Area Improvements showmg the exact location and dImenSions of each such Common Area and a Legal DescnptlOn therefor The parties to thiS DeclaratIOn further agree that, upon receipt of such survey, the ASSOClallon shall record In the real property records ofKmg County, Waslungton, an amendment to thiS Declaralton shOWing the acluallocatlOn and dimenSIOns of each Common Area Notwithstanding the foregOing, and except for mmor adjustments to reflect the as- bUIlt location of the Mam Access Road and Pedestnan Promenade, neUher Declarant nor the ASSOCiatIOn may deSignate addilional common areas on any Lot Without the pnor wntten approval of the owner of such Lot 2 6 County means the County of Kmg, State of WashIngton J 129\005 111Il100 -3- 1I:J:ARKI \\1 CO\~OUTHPOR r 2 7 Covenants means the covenants, condlllons and restncllons ~et forth In thIs Declarahon and as It may be amended or supplemented from lIme to hme hereafter 2 8 Declarant means Southport, LLC, a Washmgton lImIted habllIty company and Its successors and assIgns Declarant's assIgns shall be deemed to mclude any party whom Declarant deSIgnates, by means of a notIce Recorded 10 the OfficIal Records, as the party who, from and after the date such notIce IS Recorded, WIll perform Declarant's funCltons under thIs DeclaratIOn Any such deSIgnatIon may be made WIth respect to all or any portIOn of the Property, prOVIded that 10 the event that any Person or enllty IS so deSIgnated as Declarant for only a portIon of the Property, then the nght and power to make, give or take any consent, approval or other action reqUired of the Declarant under thIS DeclaratIon WIth respect to such portion of the Property, and any nghts of the Declarant under thIS Declarallon WIth respect to such portIOn of the Property, shall be deemed lodged solely and exclUSIvely 10 the Person or entity so deSIgnated as Declarant With respect to such portIon of the Property 2 9 Deed of Trust means a deed of trust or mortgage on any portion of the property or leasehold mterest therem 2 10 GUldelmes means the Southport Level II SIte Plan dated December 15, 1999, approved by the City of Renton for the development of the Property, together WIth any standards, restrIctIons, regulahons and cntena apphcable thereto, as the same may be modIfied or supplemented from time to time, which GUldehnes shall be referred to by Declarant and the Assocl8tlon 10 mterpretmg the mtent of thiS DeclaratIOn and proVIded that the GUldehne approxImate bUlldmg areas (excludmg parkmg uses) shall be Lot 4 Lots 2 and 3 Lot I Office ReSIdential Hotel RetalllRestaurant 750,000 square feet 394 Units 220 rooms 40,000 square feet NotWlthstandmg the foregomg, If the development of a hotel on Lot 1 IS not economIcally feaSible or, If despIte reasonable best efforts, a SUItable hotel operator cannot be found, Lot I may be developed for office and/or retatl use, subject to the heIght, bulk and slmtiar requIrements and restnctlons set forth 10 the GUldelmes, or If such development IS not 10 complIance WIth the GUIdelInes, such other cntena as may be approved by the Owner of Lot 4 A copy of the GUldelmes shall be mamttuned 10 the offices of Declarant and the ASsocl8tlOn 2 II Improvements means and mclude BUlldmgs, structures. SIgns, fixtures, dnveways, parkmg, loadmg and/or storage areas, fences, SIdewalks. other walk and/or 3129\00511113100 TI!AR"'E\~ECO\SOUTllPOR r • -4- bIcycle ways, paved areas, curbs, gutters, antennae, satelhte dIshes, tanks, towers, hoppers, storage bms, fixed machmery, transformers, walls, screens and barners, retammg walls, bndges, dramage structures, staIrs, decks, landscapmg, water hydrants, poles, gradmg changes, loadmg areas and all other structures or Improvements of every type and kmd, name and nature and all add1l1ons, alterallons and changes thereto, except where such speCIfic Improvements are mdlVldually referred to herem 2 12 Lot means any parcel of real estate contained WIthin the Property as dIVIded or subdIvIded on a subdIVISIon plat or map or bmdmg sIte plan recorded m the OffiCIal Records IndIVIdual Lots are referred to m thIS Agreement by the number of such Lots In the Short Plat (I e , Lots 1,2,3 and 4) At such tIme as any addlllonal parcels are created by the subdIVISIon of any eXlstmg Lots, each such newly separated parcel will be treated as a Lot for all purposes under thIS DeclaratIOn 2 13 Mam Access Road means th"t Common Area on whICh the mam access road to the Property IS located, whIch Common Area IS shown on the map attached to thIS DeclaratIOn as Flgure I "Monument SIgn" means the monument-type sIgn for Southport to be developed and mamtamed by the Assoclallon as proVIded m SectIOn 4 8 below 2 14 Occupant means any Person, other than an Owner, and the successors and assIgns of any thereof that IS m possessIOn of or othefWlse occupymg one or more Lots at any partIcular lime or limes, whether as a lessee, sublessee, hcensee or pursuant to any lease, sublease, hcense or other nght of occupancy WIth or through the Owner of such Lot or Lots 2 15 OffiCIal Records means the real property records of Kmg County, Washmgton 2 16 Operator means Declarant or a person or enhty deSIgnated by the ASSOCIatIOn as havmg responslblhty for mamtamlng the Common Areas 2 17 Owner means, at any partIcular I1me or limes, any Person, and the successors and assIgns of any thereof that owns fee SImple tItle to one or more Lots, as shown by the OffiCIal Records, proVIded, however, that a BenefiCIary shall not be deemed to be an Owner so long as Its Interest m the partIcular Lot or Lots IS for purposes of secunty only 218 Owner's ASSOCiatIon (sometimes referred to as the "ASSOCIation") means the asSOCIatIOn of Owners created and deSCribed In Secllon 5 2 19 Pedestnan Promenade means that Common Area on whIch a pedestnan walkway WIll be located, willch Common Area IS shown on the map attached to thIS DeclaratIOn as FIgure 2 The landscape feature wlthm the Pedestnan Promenade WIll be located In the area desIgnated on FIgure 2 for such feature 3129\005 11111100 TBARKL\SECO\'OUTHPORl -5- = = = ~ 2 20 Pemuttee means a person or entity, In addition to an Owner or Occupant of a Lot, who IS enhtled to use the Common Areas as an employee, agent, hcensee. customer or inVItee of an Owner or Occupant 221 Person means an indiVidual, group of indiViduals, corporallon, hmlted hability company, partnershiP, trust, unmcorporated bUSiness association or such other legal entIty as the context In winch such term IS used may Imply 2 22 Property means all of the real property descnbed m Exlublt A and such adchtlOnal real Property as may be added from time to lime 2 23 Record or Recorded means, With respect to any document, the recordatIOn of the document In the Official Records 2 24 Short Plat means the Seco Development, Inc Southport Short Plat approved as Renton Short Plat Number LUA-99-134-SHPL, recorded January 31, 2000 under recording number 20000131900006 In the OffiCial Records. 2 25 full!! means any structure, deVice or contnvance and all parts thereof which are erected or used for advertlsmg, directIonal or IdenlificatIon purposes or any poster, bill, bulletin, pnntmg, lettenng, palntmg, deVIce or other adverllslng of any kind whatsoever, which IS placed, posted or otherWIse fastened or affixed to the ground and/or structures Within the boundanes of the Property 226 SUbdiVIsion means any bmdmg site plan or subdiVISion plat or map Recorded With respect to the Property or any portion thereof In the Official Records SECTION 3 REGULATION OF USES 3 I Approved Uses Lots Wlthm the Property shall be used for purposes allowed by the zonmg for the Property and consiStent With the GUidelines The foregOing shall not, however, prevent Declarant from constructmg, owning, operating, leasmg or conveymg real property Wlthm the Property for servtce faclhtles consistent WIth the purposes of thiS DeclaratIOn 3 2 ComplIance With Governmental Regulalions All uses and actIVIties on each Lot shall comply, at the sole expense of each Owner, With all apphcable governmental regulatIons and the development approvals Issued for the Property mcludmg, Without hmltatlOn, the GUidelmes, the City of Renton Substantial Development Permit #LUA 99- 189, SA-A, the Washmgton State Department of Ecology Permit #2000-NW-40003 and the Southport Planned Action Mlhgalion Document prepared by the City of Renton, dated September 17, 1999 All uses and operatIOns shall be camed out so as not to cause a nUisance to adjacent Lots Each Owner reserves the nght to seek to amend or cause to be 3129\00511113/00 -6- I BARKE\!,ELOISOUTIII'OR r .. ,) amended any of the governmental regulahons, mcludmg all governmental zomng laws and regulal1ons, and development approval COnditIOns as they relate to the Property or any portion thereof, proVided that such amendment does not further hmlt the uses allowed on Lots owned by any other Owner, nor mcrease the costs to develop, operate or mamtam the Common Areas Without hmltmg the foregomg, the Owner of Lot 4 may seek c1anficatIOn of the GUidelines and related approvals to permit the development of up to 750,000 square feet of office on Lot 4 and, subject to the proVIsions of SectIon 2 10 above, the Owner of Lot I may seek clanficatlOn of the GUIdelines and related approvals to permIt office and retaIl uses on Lot I 3 3 Compliance With Non-OppositIOn Agreement All uses and acllvIlles on each Lot shall comply, at the sole expense of each Owner, With all appbcable proVISIOns of that certam Non-Opposll!on Agreement dated September 27, 1999 by and between Michael Chns!, One, LLC, the Boemg Company and the City of Renton (the "Non-OpPOSll1on Agreement"), as such Non-OpposItion Agreement may be reVised by the partIes to It The Non-OpPositIOn Agreement IS attached as ExhibIt C 3 4 Use RestnctlOns (I) No use shall be permItted on the Property which IS mconslstent With the GUidelmes and the operatIOn of a first-class mixed use center WithOut hmttmg the generalIty of the foregOing, the follOWing uses shall not be permllted (a) Any use which emits an obnoxIOUS and offenSive odor, nOise, or sound whIch can be heard or smelled outSide of any bUIlding on the Property, (b) Any operallon pnmarlly used as a warehouse operallon and any assembling, manufacturing, dlsltlhng, refimng, smeltmg, agncultural, or mlnmg operatIon, (c) Any dispoSing, IncmeratlOn or reductIOn of garbage (exclUSive of garbage compactors located near the rear of any bUlldmg), other than for garbage generated by the respeclive Lot Dumpmg of garbage IS, notWithstandmg the source thereof, prohibited All garbage compactors and garbage and recycling contamers must be screened With landscapmg or attracllve architectural features so that such compactors and contamers are not VISible from the Mam Access Road or the Pedestnan Promenade (d) Any dumpmg, dlsposmg, mcmeratlOn, or reduction of garbage (exclusive of garbage compactors located near the rear of any bUlldmg), (e) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auctIOn house operallon, (f) Any commerCial bowlmg alley, and 3129\005 11113100 -7- mARKf\SrCOISOUTHPORl (g) Any estabhshment. sellmg or exlu.bJtmg pornographic matenals, (Il) No Permlltee shall be charged for the right to use the Common Area (lll) Each Owner shall cause the employeCl> of the Occupants of Its Lot to park therr vehicles only on such Lot unless other arrangements are approved by the AssoclatJon or as agreed to under easements among the Owners See Secllon 7 below (IV) This Declaration IS not mtended to, and does not, create or Impose any obhgatlOn on an Owner to operate, or cause to be operated, a bUSiness or any parllcular bUSiness on the Property or on any Lot (v) No Owner shall use, or permit the use of Hazardous Matenals on, about, under or ill Its Lot, or the Property, except m the ordmary course of Its usual bUSiness operatIons conducted thereon (mcludlng the manne faclhty mtended on Lot I), and any such use shall at all hmes be m smct comphance WIth all EnVironmental Laws Each Owner shall mdemmfy, protect, defend and hold harmless the other Owners from and agamst all chums, SUits, acllons, demands, costs, damages and losses of any kmd, mcludmg but not hmlled to costs or inVestigation, hhgatlOn and remedial response, arlsmg out of such Owner's breach of the obhgahon set forth mthe rrnmedlately preceding sentence For the purpose of this Section, the term (I) "Hazardous Materials" means petroleum products, asbestos, polychlorinated biphenyls, radioactIve matenals and all other dangerous, tOXIC or hazardous pollutants, contaminants, chemicals, matenals or substances hsted or Identified m, or regulated by, any EnVIronmental Law, and (n) "Envrronmental Laws" means all federal, state, county, municIpal, local and other statutes, laws, ordinances and regulaltons which relale to or deal WIth human health or the enVironment, all as may be amended from time to time 3 5 Nollficatlon and Cure Period If a VIOlatIon of thIs DeclaratIOn IS claimed by Declarant, an Owner, or the ASSOCiatIOn, then written nollce of the vlOlal1on shall be dehvered to the Owner m VIOlatIon The Owner recelVlng the noUce WIll have sIxty (60) days to cure the vlOlallon or show good faith that such VIolation IS m the process ofbemg cured If the Owner m vlolallon falls to cure the vlOlalion Wltlun such 60-day penod or a further reasonable time, then the ASSOCiatIon may, at ItS oplion, proceed wlIh any legal means to cure the saId ViolatIOn If the Assoclahon falls to cure m a timely manner, then any Owner shall have the nght, but not the obhgallon, to cure and be reImbursed by the Owner m vlolallon, mcludmg all expenses, legal fees, and mterest thereon SECTION 4 DEVELOPMENT 4 1 Development Standards Development of the Property shall be tn accordance WIth the GUldehnes and thiS DeclaralIon All Improvements constructed wlthm the Property Will be constructed of first quahty constructJon, usmg hIgh quality matenals, fimshes and 3129\005 11113/00 -8- I BARKL\~LtO\\OUTHPORT detatls, and will be architecturally designed so that they are esthetically compatible and harmomous WIth the other Improvements on the Property No BUlldmg or other I mprovement on the Property Will be bUilt 10 such a manner as to adversely affect the structural tntegnty of any other BUlldtng or Improvement on the Property All Improvements shall be matntatned and operated In a manner consistent with a first class commercial and residential development 42 Underground UtlIttles Except for easements or utlhtles eXlstmg as of the date of thiS DeclaratIOn, and hoses and the hke which are reasonably necessary 10 connection With normal lawn and landscapmg mamtenance, and except as otherwise reqUired by any utlItty provider, no water pipe, sewer pipe, gas pipe, dramage pipe, telephone, power or televIsion cable, or sImilar transmiSSion hne on the Property shall be mstalled or matntatned above the fimshed grade of the ground All utlhtles servtng the Common Areas WIll be separately metered 4 3 UtIhty Lmes and Rooftop EqUipment No sewer, dramage or utlhty hnes or WIres or other deVIces for the conunurucatlon or transmiSSion of electnc current, power, or signals, mcludmg telephone, televISIon, microwave or radiO signals, shall be constructed, placed or mamtaIned any where m or upon any portIOn of a Lot other than wlthtn bud dIngs or structures, unless the same shall be contalOed In condUits or cables constnlcted, placed or mamtamed underground or concealed In or under bUlldmgs or other structures All rooftop eqUipment (mcludmg, Without hmitatlOn, antennas and satelhte dishes for the transmission or receptIOn of telephone, teleVISIOn, microwave or radiO Signals) placed on any Lot shall be appropnately screened from View, proVided, however, that the ASSOCiatIOn, by maJonty vote of the Board of Directors, may permIt variances to thiS screemng reqUIrement, If such reqUirement would have an adverse effect on the warranty of any such rooftop eqUipment, or would result In a safety hazard, but only If there IS no reasonably economic alternative to the vanance of the screenmg requIrement, and notwlthstandmg such vanance, the rooftop eqUipment cannot be seen from the street level or WIndows on the first occupIed floor of any Improvements on the property With respect to the reSidential developments on Lot 2 and Lot 3, rooftop design, use and screemng Similar to the Belle Arts project at 111 -I081h Avenue NE In Bellevue, WashIngton WIll be penmtted 4 4 Mechamcal EqUIpment All mechamcal eqUipment, storage tanks, generators, air condltlomng eqUIpment and Similar Items shall be screened With landscapmg or attractive architectural features 45 Time for CompletIon of ConstructIOn After commencement of construction of any Improvements or phase of any Improvements, the Owner thereof shalt dIligently prosecute the work thereon to the end so that the Improvements shall not remam In an unfimshed condillon any longer than reasonably necessary for compleuon thereof Durmg constructIon, the Owner shall mamtain the Lot m a reasonably neat and orderly COnditiOn, preventmg the accumulatIOn of trash and prevent more than normal runoff of surface water 31291005 11113100 TBAR"'E\sECO\~lJ HIPORT -9- c. = = ..... and 5011 from the Lot onto adjacent property or streets The Owner shall also be responsible for the costs of traffic control and secunty With respect to the Improvements and for any clean-up and repaIr of Common Areas, Streets or other public areas attnbutable to the Improvements The reqUirement to complete construction of any phase of any Improvement on any Lot In a dilIgent and continuous manner shall be subject to acts of God and clfcumstances beyond the control of an Owner CompletIOn of construction shall Include completion of all landscaping as requlfed by the City of Renton If a certificate of occupancy or slImlar letter of completton for a shell bUilding IS not Issued wlthm thirty (30) months years of the date of commencement of constructIOn of any phase of the Improvements, the Declarant, the ASSOCiation or any Owner shall have the optton to proceed With such construction or remove such mcomplete Improvements m accordance With the cure prOVIsIons herem Costs mcurred by the Declarant, the Assoclahon or any other Owner m connectIOn With such removal or constructton shall be paid by the Owner of the affected Lot and all such costs and expenses mcurred by the Declarant, the ASSOCiation or any other Owner shall bear mterest from the due date at the rate of eighteen percent (18%) per annum 4 6 Excavation No excavatton shall be made on any Lot except In connectIOn With construction ofImprovements, as reqUired by any regulatory agency, to maIntaIn the developablhty of the Lot (1 e ,stormwater dramage retentIOn areas) or as may be duected by a master utlhty, gradIng or dramage plan Upon completion of construcl1on of Improvements on the Lot exposed opemngs shall be backfilled and disturbed ground shall be smoothly graded and hydroseeded or, at the ASSOCtatton'~ election. landscaped 4 7 Further SUbdiVISIon It IS Declarant's mtent to separate that portion of Lot 1 Iymg Wlthm Lake Washmgton from Lot 1 at some time m the future, makmg that pomon of Lot 1 a new and separate Lot governed by thIs Declaration Other Owners may further subdiVide their Lots, With each such Lot hemg governed by thiS Declaration, proVided, however, that such subdlVlslOn complies With the GUidelInes and all other apphcable governmental regulations and the reqUirements of thiS DeclaratIOn 48 Signage A signage plan for the Property Will be developed and approved by the parties to thiS Declarauon Such signage plan shall mclude the Monument Sign, to be located adjacent to the entrance to Southport along Lake Washmgton Boulevard, or at the first pomt along the Mam Access Road which IS wlthm Southport The Monument Sign shall mclude the opportumty for reasonable IdentificatIOn of major office tenants In the office developed on Lot 4, the hotel to be developed on Lot I (whIch shall have promment slgnage), the resldenl1al projects on Lots 2 and 3, and any restaurants and major retaIlers SECfION5 OWNER'S ASSOCIATION 5 I FormatIOn of Assoclalion So long as Declarant owns all of the Property, all references In thiS Declaral10n to the ASSOCIation shall be understood 10 mean Declarant, and J 129\005 I 1113/00 -10- I BARt..D'iECo\WUTI-IPOR 1 ) \- Declarant shall have the nght to exerCIse all powers and duties and shall have all authonty and benefits otherwIse provIded m thIS DeclaratIOn for the Assoclalton At such time as Declarant nO longer owns all of the Property or otherwIse elects In wntlng to estabhsh the ASSOCIatIOn, the Declarant shall cause the ASSOCIatIon to be created by incorporating a not- for-profit corporatIOn under the laws of the State of Washington to be called "Southport Owners Assocmbon" or a SImIlar name selected by Declarant Upon the fonnabon of the Assoclatlon, every Owner of a Lot shall automatIcally be and become a member thereof dunng, and only dunng, all penods of such Owner's ownershIp of such Lot The AssocmtlOn shall be governed In accordance WIth artIcles and bylaws to be prescrtbed at the tIme offonnatlOn of the AssoclaUon Pursuant to such arucles and bylaws, the purposes of thIS AssoclatJon shall be to enforce the Covenants, to own and/or mamtam certain Common Areas as deSIgnated by tins DeclaratIOn and accepted by the ASSOCIatIOn from lIme to tlme, to assume such other oblIgatIOns WIth respect to the Property as the ASSocIatIOn deems approprtate, and to fulfill such other purposes as the ASSOCIatIon may deem necessary or approprtate to enable the Assocl3tlOn to carry out the purpose and Intent of thIS DeclaratIon No Occupant or other thud party may exercIse any nght Or pnvdege of a member of the ASSOCIatIOn except pursuant to a wntten proxy Issued by the Owner of the Lot and on file WIth the Assoclallon 5 2 Board of DIrectors The artIcles of incorporatIon and bylaws of the AssoclatJon shall proVIde that the ASSOCIatIon shall be governed by a Board of Duectors conslstmg of seven (7) dIrectors At such ltme as the Declarant no longer owns all of the Property the dIrectors WIll be selected by the Owners as follows (I) two (2) d,rectors WIll be selected by the Owner or Owners of Lot 1 (II) two (2) directors Will be selected by the Owner or Owners of Lots 2 and 3, and (Ill) three (3) directors WIll be selected by the Owner or Owners of Lot 4 The dIrectors selected by the Owner of each Lot shall serve at the discretIOn of such Owner, and may be removed or replaced at any lime and from hme to lime by such Owner In the event any eXlstmg Lot IS subdiVIded, the Owner of such Lot may allocate the dnectorshlps for such Lot as such Owner may determme 5 3 Assessments (I) The ASSOCIation and ItS obligatIOns hereunder shall be financed by annual assessments and SpeCial assessments whIch shall be allocated among the respective Owners of Lots pursuant to the further proVISIons hereof The ASSOCIatIon Will be responsIble for mamtammg the Common Areas In good conditIOn and repaIr m accordance With Secllon 62 below The Board of Directors WIll, In Its sole discretIon, select a Manager or Operator responSIble for mamtammg the Common Areas Mamtenance expenses for the Common Areas WIll be borne by Owners as set forth In SectIOn 6 3 of thlS Declarahon (n) Each year the Board of DIrectors of the ASSOCiatIOn shall prepare and approve an annual assessment budget (the "Budget") which shall mclude a reasonable estImate of annual nonnal expenses and a reasonable contmgency reserve for future years J 129\005 11/13/00 TBARH\~ECO\SOU fHPORT -I 1- Except for the specific mamtenance costs to be borne by Owners as set forth m section 6 3 of tIllS Declaration, the costs of operatmg the ASSOCiatIOn. as set forth m the Budget, shall be spread and leVied on each Lot, as follows Until such time as development occurs or commences ID the portion of Lot I beyond the shore of Lake Washmgton, the allocation of costs of the AssOCIation other than mamtenance of the Common Areas shall be as follows Lots 1,2 and 3 Lot 4 50010 SOOIo The costs as among Lots I, 2 and 3 shall be shared equally Begmmng at such time as development occurs or commences ID the portion of Lot 1 beyond the shore of Lake Washmgton, the allocation of costs of the ASSOCiation other than mamtenance of the Common Areas shall be adjusted by the Assoclallon to reflect the use asSOCiated With such development, based upon triP generatIOn or Similar criteria (111) From lime to time dunng any year, the Board of Directors may spread and levy additIonal special assessments agamst the Lots for extraordinary or llDforeseen expenses to be leVied In the same manner as the annual Budget (IV) All assessments leVIed shall be payable at such time or tImes as determmed by the Board of DIrectors The payments shall be due wlthm tlurty (30) days after the due date of notlce of such levy Assessments nol patd on the due date thereof shall accrue mterest at the lesser of eighteen percent (18%) per annum or the maxImum mterest rate legally allowed for such obhgatIons 10 the State of Washington (v) The amount of any assessment not paid on the due date thereof together With all mterest from tune to time accrued thereon shall constitute a hen upon the Lot, which hen may be enforced and foreclosed m accordance WIth the prOVISions of SectIOn 9 5 4 ReView of Assoc18tlon Books and Records Upon the request of any Owner, the ASSOCiation shall proVide such Owner reasonable access to the books and accountmg records of the ASSOCiation Any Owner, at such Owner's ~ole cost and expense, may conduct an audit of the Assocl8t1on's books and accountmg records If such audit diScloses a discrepancy 10 excess of five percent (5%) of the ASSOCiatIOn's annual operating budget, the Assoclatlon shall revise Its budget and/or Its associated assessments to the Owners m keepmg With the findmgs of the audIt 5 5 Other PrOVISions The artiCleS and by-laws of the Assoclatton shall conlam such other prOVISIOns as the Owners may deem necessary or appropnate for the ASSOCIatIOn to carry out the purposes and mten! of thIS Declaratlon J 129\005 11113/00 TBARKBSECO\')OUl HPOR r -12- = = = <"" 5 6 Commencement Assessments relatmg to the operatlOg costs ofthe AssocIatIOn, Insurance mamtamed by the Assoclallon, and similar non-maintenance expenses shall begm when the Assocl3tlOn IS formed and such costs are Incurred, and shall be allocated to all Lots regardless of whether or not such Lots have been developed Assessments relatlOg to the mamtenance and repair of Common Areas shall commence as to each Lot upon the Issuance of the first perrOlt authonzmg occupancy of any Improvements on such Lot, and Lots that are not developed do not have 10 pay any such maintenance expenses Dunng constructIOn actlVllies, any maintenance or repair costs to the Common Areas arising due to construction use shall be allocated 10 the LOI or Lots whose construction actlVll1es give nse to such mamtenance and repmrs, as reasonably determmed by the AssocIallon SECTION 6 COMMON AREAS; EASEMENTS 6 I Common Areas The MalO Access Road, the ullhtles not othefWIse to be maml3lned by the provider of such utlhtles, the Pedestnan Promenade and the Monument Sign are all Common Areas of the Property 62 Maintenance of Common Areas Followmg theIr Inllial installatIOn, the ASSOCIation shall be responsible for the mmntenance, upkeep, repair, resurfacmg and Improvement oflhe Common Areas to mamtam them m a good, sanItary, attractive and first-class condition and on a consistent baSIS throughout Southport Such maintenance and repmr shaUlnclude, Without hmltatlOn, mamtenance and replacement of trees, shrubs, vegetation, Imgatlon systems and other landscapmg wlthm the Common Areas, repair and malOtenance of all centrally metered ulIlIlles, mechanIcal and electncal eqUIpment In the Common Areas, repair and mamtenance of all roadways, walkways and Sidewalks Within the Common Areas, and mamtenance and repair of the Monument Sign 6 3 Mmntenance Costs The cost of malOtenance and repair of the Common Areas oflmprovements wlthm the Common Areas shall be paId as follows, unless otherWIse agreed to m wntmg by the Owners Unlll such lime as development occurs or commences m the portIOn of Lot 1 beyond the shore of Lake Washmgton, the costs of mamtenance and repair of the Main Access Road and related landscaping, walkways, utilities and hghtmg shall be allocated as follows Lots 1,2 and 3 LOl4 3129\0051111J/00 T9ARKl\\ECO\';OlJTHPQR I -13- 50% 50% <.= Q = ..... The costs as among Lots 1,2 and 3 shall be shared equally Begmnmg at such tIme as development occurs or commences m the portion of Lot I beyond the shore of Lake Washington, the allocation of costs of mmntenance and repmr of the Moon Access road and related landscapmg. walkways, utIlities and IIghtmg shall be adjusted by the AssOCIation to reflect the use assoCIated WIth such development, based upon trip generation or SImilar cnteria The cost of mmntenance and repatr of the Pedestnan Promenade and related landscapmg, walkways, utIlities and hghtmg shall be shared by the Owners of Lots 1, 2 and 4 as follows Lot I and Lot 2 Lot 4 50010 50010 The allocation as among Lots 1 and 2 shall be determmed based on the percentage (as between Lots 1 and 2) of linear foot frontage of each of Lots 1 and 2 on the Pedestrian Promenade Each Owner shall rnmntatn Its Lot or Lots and the Improvements thereon (lncludmg LandscapI\lg and any access roads not part of Common Areas) ID a safe, first-class condllJOn consIstent WIth the other Lots and Improvements If any Owner fools to mamtam Its Lot and the Improvements requIred to be mmntalned by such Owner m such marmer (the "Non- ComplYing Owner''), the ASSOCIation may gIve such Owner wntten notice of such fallure to mamtmn the Non-Complymg Owner's LOt m accordance with thIS Declaration The Non- Complymg Owner WIll have SIxty (60) days to cure the fallure, or proVIde the ASSOCiatIon eVIdence that the Non-Complymg Owner IS dIlIgently proceeding to cure Its faIlure If the Non-Complymg Owner does not cure ItS faIlure wlthm the 60 day penod, or any reasonable longer penod supported by the eVidence presented to the ASSOCIatIOn, then the Assoclallon or any other Owner may, at Its optIon, proceed to take any actions It deems appropnate to mamlatn such Lot, and the Non-Complymg Owner shall, on demand, reImburse the Assoclallon or any other Owner for all of the costs and expenses mcuITed to mamtam the Lot 6 4 Pnvate Easements (I) Subject to the lumtatlons set forth m thIS Declamtton, each Owner, as a grantor, grants and conveys to each other Owner as a grantee, the follOWIng easements 3129100511113100 TIIARKE1SECOI IOU fHPOR I -14- Lr> ..,> .r <=> c: c-o <-- .\ ~ <=, = c,.'" "'" (a) A non-exclusive, perpetual easement for Ingress and egress from pubhc streets and permllted pnvate roadways adjacent to the Property for vehicular and pedestnan traffic over and across the Main Access Road (b) A non-exclUSive, perpetual easement for mgress and egress from the Lots, for pedestnan traffic only, over and across the Pedestrian Promenade (provided, however, that emergency vehicles wIII be permitted access over the Pedestnan Promenade to respond to emergency SituatIOns) (c) A non-exclusive, perpetual easement for parkmg along the MalO Access Road 10 such parking spaces and under such rules and regulallons as the ASSOCIation may determme, and consIstent WIth any Parking Management Plan adopted by the Owners and approved by the City of Renton The ASSOCiatIOn Will have the nght, but not the obhgahOn, to hlTe a thud party parkmg management company to manage such parkmg (d) A non-excluslVe, perpetual easement over, under and across the Mam Access Road for the Installation, operation, use, maIntenance, connectJon, repair, relocallon and removal ofutlhty hnes serving the grantee's Lot, Includmg, but not hmlted to, water, sewer, gas, e1ectncal, telephone and commumcatlOn hnes (e) A non-exclusive, perpetual easement over, under and across the fire access roadway to be constructed over a porllon of Lot 4 (the "Fire Access Road"), as shown In the attached Figure 3, for Ingress and egress for emergency vehicular and pedestnan traffic and for the installation, operatIOn, use, mamtenance, connection, repair, relocallon and removal of utility hnes servmg the grantee's Lot, including, but not hmlted to, water, sewer, gas, electrical, telephone and communicatIOn hnes The Owner of Lot 4 WIll use Its best efforts to prOVide five (5) parkIng stalls WIthin the Fife Access Road for the use of the Owner of Lot I (or the Owner of any new LOllymg Within Lake WashIngton) (11) Subject to the hmltatlOlIs set forth III thiS DeclaratIOn, each of the Owners of Lot 2 and Lot 4, as a grantor, grants and conveys to the Owner of Lot I, as a grantee, a non-exclUSive, perpetual easement over that portion of Lot 2 and Lot 4, respechvely, Within the Fire Access Road and/or Pedestrian Promenade as necessary for mgress and egress to and from a portion of Lot I which mcludes the land Iymg wlthm Lake Washmgton, subject to such reasonable rules and regulallons as the Owner of Lots 2 and 4 may estabhsh for the use of the manne faclhty located on Lot I At such lime as that portIOn of Lot I Iymg WIthin Lake Washington may be separated mto a new Lot. thiS easement WIll nm m favor of the Owner of the new Lot (111) Subject to the hmltatlOns set forth III thiS DeclaratIOn, each of the Owners of Lot I and Lot 2, as a grantor, grants and conveys to each other, as a grantee, a non-exclUSive, perpetual easement over the roadway to be constructed between Lots I and Lots 2 as shown m the attached Figure 4 (the "Waterfront Access Road") for mgress and 3129\005 11113100 TBARKF\~FCO\'iOU IIIPORT -15- = <::> <=> ...... egress and for the installation, OperatIOn, use, maintenance, connectIon, repair, relocatIOn and removal of utlhty hnes serving the grantee's Lot, mcludmg, but not lImited to, water, sewer, gas, electncal, telephone and commUnIcatIOn lines (IV) Subject to the reasonable rules and regulations adopted for the use of each Lot by the Owner thereof, the use of all easements created by this Declaration WIll, In each Instance, be non-exclUSive and for the use and benefit of the Owners and their respective successors and asSIgnS, and such agents, customers, mVltees, licensees, employees, contractors, Beneficlanes, tenants and tenant's customers, mVltees, employees, hcensees, contractors and agents as may be deSignated by each Owner from time to time (all of which persons Will be Permittees) Each Owner specifically reserves the fight, at any time and from tIme to time, to promulgate such reasonable rules and regulations applicable to the Owner's Lot as may be Imposed to promote the health, safety, welfare and seCurity of such Lot, the Improvements located thereon and the Occupants and Permittees of such Owner Each Owner may, at any time and from time to time, remove, exclude and restrain any person from the use, occupancy or enjoyment of any easement created by tlus DeclaratIon or the area covered thereby for failure to observe the reasonable rules and regulatIOns established as prOVided herem If unauthonzed use IS being made of any easement area by any of the Owners or their respective Penmttees, such unauthonzed use may be restrained or terminated by appropnate proceedings after wntten notice to the defaulting Owner and fwlure to abate such unauthonzed use Wlthm a reasonable time (v) No walls, fences or barners of any kind may be constructed or mwnt81ned tn the Common Areas or any portIOns thereof by any Owner which WIll prevent or Imprurthe use or exercise of any of the easements granted pursuant to thIS SectIOn 6 4 or the free access and movement of pedestnans and vehicular traffic, as applicable, among the Lots and adjacent public streets and permItted pnvate roadways, proVIded, however, the ASSOCiation may tnstltute such reasonable traffic controls as may be necessary to gUIde and control the orderly flow of traffic so long as ;lccess driveways to the parking areas In each Owner's Lot are not closed and blocked NotWithstanding the foregOing, the Owner of Lot I may mstall fenCing, bamers and gates consistent With the quality of the Improvements on the Property to segregate that portion (which may be pubhc or pnvate In Its Owner's discretIOn) of Lot I Iymg Wlthm Lake Washmgton from the remamder of the Property No Owner may grant any easement for the purpose set forth In thiS Section 6 4 for the benefit of any real property not WithIn the Property except as set forth herem, proVided, however, that the foregOing wIll not prohibit the granting or dedlcatmg of easements by an Owner on Its Lot to govenunental or quasI-governmental authontles or to public utlhtles 6 5 Public Easement Subject to the limitatIOns set forth In thiS Declaration, each Owner, as a grantor, shall grant and convey to the City of Renton, as a· grantee, a non- exclUSive perpetual easement for pedestrian traffic only over a portion of Lots 1,2 and 4 located Wlthm the Pedestrian Promenade to be more specifically descnbed in an easement agreement to be executed by the parties to thiS Declaration (prOVided, however, that 31291005 11113100 -16- I BARKI \~rCO\SOUTHrORT -) .•....•.. . '-" I I <.:> = .=.> co'" emergency vehIcles will be permItted access over the easement area described 10 ExhIbit C to respond to emergency SItuatIOns) SECTION 7 PARKING 7 1 Operation and Maintenance of Parking Each Owner will construct and pay the costs of construchon, operallon and mamtenance of all parking facilIties On such Owners Lot Each Owner shall manage Its own parkmg faCIlitIes or enter mto a separate agreement WIth a thlTd party manager to manage such Owner's parkmg facilIties 7 2 Lot 4 Parkmg Easements The Owner of Lot 4 grants and conveys to the Owner of Lot 1, a non-exclusIve, perpetual easement for mgress and egress to and from, and for parkmg of up to 120 velucJes m, the parkmg facllllles constructed or to be constructed by the Owner of Lot 4 on Lot 4, proVIded, however, that such easement and parkmg nghts may be used only between the hours of 6 00 p m and 8 00 a m weekdays, Saturdays, Sundays and holidays, and shall be subject to such reasonable rules and regulations as the Owner of Lot 4 may adopt Such parkmg nghts shall be at not to exceed market rates as may be Imposed by the Owner of Lot 4 m connectIOn WIth operatmg the parkmg faclltttes on Lot 4 generally 73 Lots 2 and 3 Easements The Owner of Lots 2 and 3, grants and conveys to the Owner of Lot 4, a non-exclusIve, perpetual easement for mgress and egress to and from, and for parkmg m, the parkmg faclllttes constructed or to be constructed by the Owner of Lots 2 and 3 on Lots 2 and 3, proVided, however, thaI such easements (I) WIll be restricted to those parkmg spaces not deSignated as reserved for the Penmtees of the Owner of Lots 2 and 3 (proVIded that at least 200 spaces will not be restncted), and (II) may be used only between the hours of 8 00 a m and 6 00 p m weekdays, excludmg hohdays Such parkmg nghts shall be subject to such reasonable rules and regulatIOns as the Owners of Lots 2 and 3 may adopt Such parking nghts shall be at not to exceed market rates as may be unposed by the Owners of Lot 2 and 3 In connectIOn WIth operatlllg the parkmg faclhtles on Lots 2 and 3 generally SECTION 8 INDEMNITY; INSURANCE 8 1 Indemmty Each Owner (the "Indemmfymg Party") shall Indemmfy, defend and hold hannless each other Owner and theIr Occupants (each an "Indenmlfied Party") from and against all clrums and all costs, expenses and Itablhttes (lncludmg reasonable attorneys' fees and costs) mcurred m connectIOn WIth all claims, mcludlng any actIOns or proceedmgs brought thereon, ansmg from or as a result of the death of or any achon, inJury, loss or damage to any person or to the property of any person (i) as a result of the use by the Indemmtymg Party of any of the easements granted by thIS DeclaratIOn or (\1) whIch occurs, 3129\005 11/13100 mARKE\~FCO\SOUTHPOR I -17- not as a result of the use of any of the easements granted herem, but wtthm the Lot owned by the Indemmfymg Party, except for claIms caused by the neghgence or WIllful mIsconduct of an Indemmfied Party, Its lIcensees, agents, employees and contractors Whenever a provIsIon for mdemmty IS set forth m thIs Agreement, m the event of the concurrent neglIgence of any party bound by thIS Agreement, whIch concurrent neglIgence results m mJury or damage to person or property and relates to the construcl1on, alteratIon, repaIr, addItIon to, subtraction from, Improvement to or mamtenance of the Property, the obligatIon to mdemmfy (mcludmg payment of the costs, expenses and attorneys' fees mcurred by the party being mdemnlfied m connectIon WIth the claIm, action or proceedmg brought WIth respect to such mJury or damage) shall be hffilted to the extent of the neghgence of the party reqUIred to mdemndy The obhgatlons of the Indemnlfymg Party under any mdemmty proVIded for m thIS DeclaratIOn shall not be hmlted by, and all persons now or hereafter bound by thIS DeclaratIon hereby waIve, any worker's compensatton prOVISIon (mcludmg but not IImlled to RCWTltle 51) to the contrary or so hmltmg EACH PARTY NOW OR HEREAFTER BOUND BY THIS DECLARATION ACKNOWLEDGES AND AGREES THE INDEMNIFICATION AND WAIVER PROVISIONS SET FORTH HEREIN WERE SPEClFICALL Y NEGOTIATED AND AGREED TO BY THE PARTIES 8 2 Property Insurance Each Owner shall carry or cause to be carTled fire and extended coverage msurance m an amount equal to at least nmety percent (90%) of the replacement cost (exclUSIve of the cost of excavation, foundattons and footmgs) of the Improvements (excludmg Improvements m the Common Areas) located on lis Lot, msurmg agamst loss by fire and such other Tlsks generally covered by extended coverage Insurance Such msurance shall be carned WIth finanCIally responSIble companIes hcensed to do busmess m the State of Wash mgt on Each Owner shaH use reasonable efforts to cause any BenefiCiary of Its Lot to agree to allow msurance proceeds to be used to pay for the cost of repairmg and restonng Common Areas located on the Lot as proVIded for m thIS DeclaratIon Durmg construction of Improvements on Its Lot, the msurance reqUIred pursuant to thiS DeclaratIon shall be m "budder's all-Tlsk" form The AsSOCIatIon shall purchase and mamtam, for the benefit of all Owners, extended coverage Insurance m the amount equal to at least 90"10 of the replacement costs of any Improvements located wlthm the Common Areas, msuTlng agamst loss by fire and such other nsks generally covered by extended coverage msurance The cost of any such msurance obtamed by the ASSOCiation shall be treated as a Common Area expense under the Budget and any msurance poltey so obtamed by the ASSOCiation shall name all Owners (and theIr BenefiCIarIes) as addltlonal msureds 8 3 LIabilIty Insurance Each Owner shall at all times durmg the term of thIs DeclaratIOn, mamtam or cause to be mamtamed m full force and effect, commercIal general habdlly Insurance covenng Its Lot or Lots Such msurance shall (I) mclude coverage for any actton resultmg m personal mJury to or death of any person and consequentlal damages ansmg therefrom, (n) be m an amount of not less $2,000,000 per occurrence, (m) be Issued by a finanCIally responsible msurance company or companIes hcensed to do busmess III the 3129\00511/13/00 TBARKE~tC~OUTHPORI -18- /)., --~'--... --, State of Washington, and (IV) at the request of any other Owner expressly name such other Owners as an addlttonal msured Unless otherwIse agreed m wntmg by the Owners, the Assoclallon shall purchase and mamtam for the benefit of all Owners, commercIal general hablhty Insurance covenng the Common Areas The cost of any such msurance obtamed by the AssOCIatIOn shall be treated as a Common Area expense under the Budget, and any Insurance policy so obtained by the ASSOCIatIOn shall name all Owners (and theIr Beneficlanes) as addItIonal Insureds Each Owner shall furnish to any other Owner requestmg the same eVidence that the msurance reqUIred of It pursuant to thiS Declaratton IS In place 84 Waiver of SubrogatIOn No Owner shall be hable to any other Owner or to any msurance company (by way of subrogation or otherwise) tnsurtng another Owner for any loss or damage to any bUilding, structure or tangible personal property of the other occurring In or about the Property, even though such loss or damage might have been occasIOned by the negligence of such party, Its agents or employees, If such loss or damage IS covered by msurance benefittng the party suffermg such loss or damage or was reqUired to be covered by msurance under terms of thiS DeclaratIOn Each Owner shall use Its best efforts to cause each msurance policy obtamed by It to contam the waiver of subrogation clause NotWlthstandmg the foregomg, no such release shall be effecttve unless a party's msurance pohcy or poliCies expressly permit such a release or contain a waiver of the ..", camel's nght to be subrogated SECTION 9 ENFORCEMENT 9 I Abatement and SUIt The Declarant and the ASSOCiatIon are each granted the := fight to enter upon any of the Property at any reasonable tIme or times to InSpect the same ~ for purposes of determlmng compliance mth the Covenants and the GUldelmes In the event = of any Violation or breach of any of the aforesaId, and m the further event that all such = = vlOlallons and breaches are not cured wlthm thIrty (30) days after wnlten demand made ..... upon the Owner or occupant by the Declarant or ASSOCIatIOn, as the case may be, the Declarant and the AssoctallonJomtly and separately have the right to enter upon the portIOn of the Property upon WhiCh, or as to WhiCh, such vlOlallon or breach eXISts, and summanly to abate and remove, or to correct, repair or mamtam, at the expense of the Owner and Occupant thereof, any Improvement, thmg or condllIon that may be or eXist thereon contrary to the mtent and meanmg of the prOVISIOns hereof as mterpreted by the Declarant or the AssocJallon, and the Declarant and the ASSOCiatIOn shall not, by reason thereof, be deemed guilty In any manner of trespass for such entry, abatement, removal, correction, repaIT, or maintenance or mcur any hablhty on account thereof The Declarant, the ASSOCiation and every Owner (or Occupant, but only With the respectIve Owner's consent) of any of the Property are further separately empowered to seek by legal proceedmgs, eIther In law or In equIty, or to submit any such VIOlatIOn or dIspute to arbitratIOn In accordance With the rules of the Amencan Arbltrallon ASSOCiatIOn (reservIng however, the nght to injunctIve rehef In 31291005 11/ 13100 -19- I OARKEI\E(OI~OUTHPOR r atd of the relief sought) to determme the appropnate remedIes to abate or otherwIse prevent a contmulng breach of any proVISIOn of thIS Declaration The amounts of all expenses· mcurred by Declarant and the Association pursuant to the provIsIons ofthls SectJon 9 I whIch are not paid by Owner Immediately on demand shall constitute a hen agamst the subject Lot, shall bear mterest untJ! patd at the rate set forth In SectIon 5 3, shall attach and take effect upon recordation of a claim of hen m the OffiCIal Records and may be enforced m the manner allowed by law for the foreclosure of hens The enforcement nghts of the Declarant and the ASSOCIation set forth above shall also be for the benefit of each Owner, and m the event neither the Declarant nor the ASSOCIation take action to enforce the provIsIons of the Declaration, any such Owner shall have the nght to enforce thiS Declaration. and to be entitled to reimbursement of costs (WIth mterest) and hen nghts as set forth above 9 2 Attorneys' Fees and Liens If In conneclion With any enforcement of thIS Declarallon WIth respect to any Lot, It shall be necessary to secure the services of attorneys, then the reasonable fees of such attorneys, and all other costs of any contemplated or actual legal, eqUItable or arbItratIon proceeding In connectIon WIth any such enforcement shall be payable by the Owner of such Lot If such fees and other costs or any part thereof are not patd WIthin ten (10) days after wntten demand therefor, the amount unpaId shall bear mterest from the date thereofuntd patd at the rate of mterest set forth m Section 5 3 If any such fees or costs are not patd on the due date thereof, the amount thereof together WIth mterest thereon as aforesrud shall be and become a hen agaInst such Lot and may be executed upon or foreclosed by appropflate legal proceedmgs (subject to the hmltatlons contained m SectJon II) In any legal, eqUitable or arbltratton proceedings for the mterpretatlOn or enforcement of or to restram the VIolallon of thIS DeclaratIOn or any proVISIOn hereof, the losmg party Of parties shall pay the reasonable attorneys fees of the prevatlmg party or parties m such amount as may be fixed by the court m such proceedmgs 9 3 Deemed to Constitute a NUlsattce Any breach of thIS Declarallon by an Owner or Occupant IS declared to be and shall constitute a nUIsance, and every remedy allowed by law or equity agamst an Owner or Occupant shall be applicable agamst every such nUisance and may be exercIsed by the Declarant, the ASSOCiatIon, the County, any Owner (or Occupant who has been gIven such fight by the Owner of such Lot) of a Lot, or any of them 94 RemedIes Cumulattve All remedIes prOVIded herem or avaIlable at law or m eqUity shall be cumulatIve and not exclUSIve 95 Failure to Enforce Nota Watver of RIghts The faIlure of the Declarant, or any other Person entttled to ettforce thIS Declaration, to enforce any Covenant herem contatned shall m no event be deemed to be a waIver of the right to do so nor of the nght to ettforce any other Covenant Declarant shall not be hable to any owner, occupant or any 3129\005 1IIIl/OO -20- I BARK~\~ELO\SOUTfIPORT . -;-~' other person or enllty for any damages, losses, liabilities or expenses suffered by reason ofa mistake In judgment, neghgence or nonfeasance ansmg m connecllon with any approval, disapproVal or other acllons taken m conneclion with this DeclaratIOn or the non- enforcement of any provIsion of this DeclaratiOn 9 6 Damages Inadequate Damages for any breach of the Covenants are declared not to be adequate compensallon and such breach and/or the continuance thereof may be enjomed or abated by appropnate proceedmgs by any Person entitled to enforce this DeclaratiOn as proVlded m thiS Section 9 97 ComplIance of Ten ants Each Owner who rents or leases Its Lot or a portion of lis Lot shallmsure that any such lease or rental agreement IS subject to the terms of this DeclaratIOn Any such agreement Will further proVlde that faIlure of any tenant to comply WIth the proVISions of thiS DeclaratIon Will be a default under such tenant's lease or rental agreement SECTION to ACCEPTANCE OF PROTECTIVE COVENANTS; PRIVITY; STANDING 10 1 Acceptance Each Owner and Occupant, by the acceptance of a deed of conveyance, lease, sublease, hcense or other nght to enter on or occupy any of the Property, and every other Person at any brne havmg or acqumng any nght, btle, mterest, hen, or estate ...,., ......,m, on or to any of the Property, accepts the same subject to all oflhe proVISions of thiS :gDeclarabon and the junsdlclions, nghts, and powers of the Declarant, the ASSOCiatIon and ,,-,,Owners created, granted or reserved herem, and all easements, nghts, benefits and pnvtleges ~of every character hereby granted or created and thereby covenants and agrees for themselves, their successors, heirs, personal representabves and assigned to be bound by the ::-Covenants = 10 2 Nature of ObhgatlOns All obhgatlOns hereby Imposed and the easements ~ereby granted are covenants runnmg With the land and shall bmd every Owner and <"()ccupant of every part and parcel ofthe Property and any mterest therem, and every such other Person and mure to the benefit of every Owner and occupant and such other Persons and as though the provlslOns ofthls Declaration were recIted and sbpulated at length 10 each and every deed of conveyance, lease, sublease, hcense or other agreement grantmg any nght of entry or occupancy, or m any other mstrument or document by whIch any such nght, litle, mteresl, lien, or estate IS created or acqUired. All Covenants, and agreements contamed herem are made for the direct, mutual and reCiprocal benefit of each and every part and parcel of the Property and shall create mutual, eqUitable servitudes upon each portIOn oflhe Property m favor of every other portion of the Property 10 3 PrlVlty, Standmg No Occupant or other Person other than an Owner or Its representallve (and then only m the manner set forth m SectIOn 9 1 above) or the 31291005 III1J/OO 18ARKE\S[CO\SOUTHPORT -21- ..,., (. > ...-' = = = ,.... <:.:> C:~ = c·, AssocIatIOn shall have the nght to enforce the provIsIons of thIs Declaration or seek damages for any VIOlation or non-enforcement thereof agamst any Person other than the Owner of the Lot used or occupIed by such Occupant or other Person Occupants and other Persons (other than Owners) are desIgnated beneficlane~ of as well as subject to the covenants set forth In thIS Declaration, whIch covenants may be amended by Declarant or the Owners, as the case may be, m accordance wIth thIS Declaration, but In any event WIthout the consent of or notIce to such Occupants or other Persons SECTION 11 DEEDS OF TRUST II I Pnonty Over LIens The hen on any Lot resultmg from, created by or proVIded for In thIS DeclaratIon shall be subject and subordmate to the hen of any Deed of Trust made for value and m good faIth and creatmg a hen on such Lot on the date of commencement of proceedmg to execute or foreclose the hen on such Lot executed by thIS Declarallon II 2 Effect Of Breach Anythmg contamed m thts Declaratlon to the contrary notWlthstandmg, no breach of any of the Covenants or re-entry by reason of such breach, shall defeat or render Invahd or Impair the ben of any Deed of Trust made and dehvered for value and In good fruth, whether now eXlsllng or hereafter executed, encumbenng any of the Property II 3 BenefiCiary Nollce The BenefiCIary under any Deed of Trust affectIng a Lot shall be entItled to receIve nollce of any default under t1us Declaration by the Owner whose Lot IS encumbered by such Deed of Trust, proVIded that such BenefiCIary dehvers a copy of a notIce In the fonn hereInafter contatned to each Owner The fonn of such nollce shall be substantially as follows The underSIgned, whose address IS -------:--::---c;----:---,---' does hereby certify that It IS a BeneficIary, as defined In that certrun Covenants, CondItIons and RestnCtlons for Southport ("CC&Rs") of Lot _ of Southport, a legal descnptlon of which IS attl1ched hereto as ExhIbIt A and made a part hereof If any nollce of default IS gIven to the Owner of such Lot, a copy shall be dehvered to the undersIgned who shall have all nghts of such Owner to cure such default Frulure to dehver a copy of such notIce to the underSIgned shall In no way affect the vahdlty of the notice of default as II respects such OW11er, but shall make the same mvahd as It respects the Interest of the llnderslgned and Its Deed of Trust as defined In the CC&Rs upon such Lot Any notice gIven to a BenefiCIary shall be given m the same manner as proVIded m SectIOn 142 below 3129100511113100 TBARKDS[C~OUTHPORT -22- _ ,~J ) .1 ) ! -,' .' · .~ = = = "" II 4 Beneficiary's Title A Beneficmry acquiring 1I1le to a Lot through foreclosure, SUIt or by transfer m heu of foreclosure or eqUIvalent method shall acqUIre title to the encumbered Lot free and clear of any lien authonzed by or arlsmg out ofthe provISIons of thiS DeclaratIOn, msofar as such hen secures the payment of any assessment or charge due but unpaid pnor to the final conclusIOn of any such proceeding, mcludmg the expiration date of any perIOd of redemptIOn After the foreclosure of a secunty Interest In a Lot, any unpaid assessment shall continue to eXIst and remam a personal obilgatlOn of the Owner agamst whose Lot the same was leVied Any hens provIded for In thiS Declarabon shall be subordmate to the hen ohny Deed of Trust upon a LOI (prOVided the Beneficiary IS a third party and the Deed of Trust IS given to secure a good Fruth obhgatlOn of the Owner whose Lot IS encumbered) The sale or transfer of any Lot or any 10tereSI therem shall not affect the hens prOVided for m thiS Agreement except as otherwise specifically provided for herem, and 10 the case of a transfer of a Lot for the purpose of reallzmg upon a secunty 1Oterest, hens may anse agamst such Lot for any asqessment payments commg due after the date of the foreclosure SECTION 12 AMENDMENT OR MODIFICATION 12 I Power to Amend ThiS DeclaratIOn may be amended by Declarant, actmg alone so long as It IS stili Owner of all of the Property, by an mstrument 10 wnt10g properly executed and acknowledged and recorded 10 the Oftlclal Records After Declarant ceases 10 own all of the Property, thiS Declaration may be amended, termmated or extended as to the whole of the Property or any part thereof upon the wntten consent of Owners who collectively own at least seventy five percent (75%) of the square footage ofland contruned Wlthm all of the Lots, proVided, however, that dunng the initial twenty (20) year term hereof any such amendment or termmatlon must be agreed upon by all of the Owners Any amendment of thIS Declaration shall not depnve any Owner or Occupant of Its nght to use ItS Lot for the p!Jrpose consistent WIth the DeclaratIOn as such DeclaratIOn stood pnor to that amendment Any such termmallon, extenSIOn Or amendment shall be effective upon recordmg of any mstrument 10 wntmg, properly executed and acknowledged, With the OffiCial Records 12 2 LimitatIOns NotWlthstandmg the foregomg provISIons of SectIOn 12 I (I) No tenmnatlon, extenSIOn, modification or amendment to or of this Declaration shall affect any approvals or consents theretofore given to any Owner or Occupant pursuant to the proVISIOns of thiS Declaratlon, and (II) No termmatJon, extenSIOn, modification or amendment to or of any proVISIon of this Declaration shall prejudice any then eXlstmg hen of any Deed of Trust made and dehvered for value, m good faith or the nghts of any BenefiCiary thereunder 3129\005 11113100 -23- 1 BARKE\~ECO\')OUTHPOR I U"'> cry oJ") = <::> = = = = <.., SECTION 13 TERMINATION The easements set forth m SectIOns 6 3 and 6 4 shall be perpetual The remamder or the terms of thiS DeclaratIon shaH be and remam m full force and effect until forty (40) years from the date hereof, after whIch date thIS DeclaratIon shall be automatically extended for successIve penods of ten (10) years unless a wrItten document terrmnatmg thIS Declaration (except for the easement proVISIons referred to above) IS Recorded m the OffiCIal Records Any suchtermmatlOn document must have been dilly executed and acknowledged by the Owners m accordance WIth the terms ofSechon 12 No terrmnatlon of the DeclaratIon shall termmate any uhhty easement granted or reserved pnor to such termmahon SECTION 14 MISCELLANEOUS PROVISIONS 14 I Severablhty InvalIdatIOn of anyone of the condlhons, covenants, restnchons, easements or provIsIons of thiS Declaration WIth re!.pect to any apphcatlOn, by Judgment or a court order WIll m no way affect any other apphcatlOn thereof, nor any other condItions, covenant, restnctlon, easement or provIsion hereof, all of whIch shall remam In full force and effect 14 2 NotJces Any wntten notice or other document as reqUIred by thIS DeclaratIon may be dehvered personally, by recogruzed overmght couner or by mall If by mad, such notice will be deemed to have been delivered and receIved three (3) bUSIness days after a copy thereofhas been depoSIted m the Uruted States first class mall, postage preprud, properly addressed to the apphcable Owner at the regIstered address of such Owner as filed m wntmg WIth the AssocIatIOn If by oveInlght couner, such notJce WIll be deemed to have been delivered on the day after such notice has been depoSited WIth the overrught couner company NotJces to the ASSOCiation wlll be addressed eIther to an address to be posted by the ASSOClal1on, or to the registered office ofthe ASSOCIatIon 14 3 Jomt and Several Liability If a Lot IS owned by more than one Person, the habdlty of each of the Owners of such Lot m connectJon WIth the hablllties and obhgatlOns of Owners set forth In or Imposed by thIS Declarallon WIll be Jomt and several 144 No Public Dedlcal10n Nothmg contamed m thIS DeclaratIOn WIll be deemed to constitute a gIft, grant or dedIcation of any portIOn of the Property to the general public or for any pubhc purpose whatsoever, 11 bemg the mtentJon of the Owners that thiS DeclaratIOn Will be strictly hmlted to the pnvate use of the Owners and theIr respecllve Occupants and Perrmttees ThiS Declaratton IS mtended to benefit the Owners and then respecttve successors, assIgns and BenefiCIarIes and IS not mtended to constttute any Person winch IS not an Owner a thIrd party benefiCIarY hereunder or to gIve any such Person any nghts under thIS DeclaralJon 3129\005 11113/00 fBAR!..F\\E(QI<'OU rllPORl -24- ) 145 Effectlve Date ThIs DeclaratIOn w!ll take effect upon recording 14 6 Rules and RegulatIOns The ASSocIatIOn wIll have the right to adopt rules and regulatIOns wIth respect to the ASSOCIatIOn's fights, actlvltles and dUlles, provIded such rules and regulatlons are not inconsIstent wIth the provIsIons of thIS DeclaratIOn 147 CaptIOns and Titles All captIOns, title or headings of the sectIOns In thIS DeclaratIOn are for the purpose of reference and convemence only and are not to be deemed to hmlt, modify or otherwise affect any of the provIsIons of thIS DeclaratIOn or to be used In determmmg the mtent or context thereof 148 Apphcable Law ThIs DeclaratIOn WIll be construed In all respects m accordance WIth the laws of the State of WashIngton 149 TIme Time IS of the essence of thIs DeclaratIOn 14 10 Waiver, Course of Deahng No wmver or course of deahng In contraventlon of any of the prOVlSlons of thIS DeclaratIOn shall constitute a waiver or basiS for estoppel agmnst the enforceability of any other provISIOn, whether or not simIlar, nor shall any wCllver be a contInuIng waiver 14 II Exhibits and Figures The followmg exhIbits and figures are attached to thiS Dec1arallon and by thIS reference are Incorporated herem ExhIbit A Exhlbll B ExhIbit C FIgure 1 Figure 2 Figure 3 Figure 4 Legal Descnptlon Site Plan Nonoppos!tlOn Agreement Mam Access Road Pedestnan Promenade Fire Access Road Waterfront Access Road IN WITNESS WHEREOF, Declarant has executed thiS Declaration on the day and year first above wntten DECLARANT 31291005 11113/00 TBARKE\SiECo\sOU I H POR I SOOTHPORT LLC, a Washmgto limited hablhty eomp.1 / h R{~~~~-+~~~~~~~_ -25- "'" = = '''' STATE OF WASHINGTON COUNlYOF kINa ) ) 55. ) On tbls I If*' day of N DVe h1be r;2ooo, before me, the undersigned, a Notary PublIC Id and b the Statt pf WashpJgton, duly comlms.JOOed and SWOOI pcrsolJally appeared MIl (uL P hrlSr . ,knowntomctobedlC Member of SOUTHPORT LLC, the hmlted habihty company that executed the foregomg mstrumen!, and acknowledged the said IIlstrument to be the free and voluntary act and deed of saul hmlted liabihty company, for the purposes therem mentIOned, and on oath stated that belsI.., wa. authonzed 10 execule said instrument I cetll/y thai I know or have sabsfactory evidence thai the person appeanng before me and makmg thIS acknowledgment I~ the person whose true signature appears on thiS document WITNES~ ~~~fficlal seal hereto affixed the day and year 11\ the certificate dbove wnllen .:-~~:r&;·· ~~X t-t~./ .. .~ oiAIt .. ~ ----~ 10 + .. :. Si~ure '\ : £0_.-: L/&tt L.. LvI/InS ;~\ PUB~~O i PnntName -"'-' - ~:-1~ 11·2942 .: NOTARY PUBLIC 11\ ~for 'd; State of ',;~. ....... ~.,. &1 I J ',# Pf: W ~~.. Washington, residmg at ___ In III e.-II""n"'\: My comml~ expIres -H_.2!i b.2.. J129I00\ IMOIOO lBARK[ISI.Coo.OllTIlI'OR r -26- • o..n EXHIBIT A DescnptlOn of the Property PARCEL A LOTS 1,2,3 AND 4 OF CITY OF RENTON SHORT PLAT NO LUA-99-134-SHPL, ACCORDING TO SHORT PLAT RECORDED JANUARY 31, 2000 UNDER RECORDING NO 20000131900006, IN KING COUNTY, WASHINGTON PARCELB ....., NONEXCLUSIVE EASEMENTS FOR INGRESS, EGRESS AND RAILROAD CROSSINGS ~ AS ESTABLISHED IN RECORDING NOS 6201855,6317510,9902019014 AND ~ 20000131900006 .--. c = <=> ..... EXHIBlTB ~~~~ \{:i'~) SITE PLAN Jlil I "T'J -G') '" c ", :;:0 ~~ "" J'T1 ~ ", . ~ 0 FIRE ACCESS ROAD l ~ • ~ 0 - = = = '" " PI 0 /~"i<:;::, (J) ~ - "-" -I ;;: J'T1 z ~ -0 ~ WATERF'RONT I: ACCESS ROAD ~ 0 PI ('" 0= A.. (' EXHmITC CAG-99-141 NOtIOli'POSU'XON AGlIIDIINt _~ NONOPl'OSIUON .1>Gl\EEIfENT made and entered. into as of the a.I:l!!::. day ot ~~' 1999 by and between Kichael Clu:ist, One, LLC &;ion lWted liability company ("CHlUSt"), the Boeing Company, a DeliLware corporation ("BOEING") and the City at Renton, a Wash1nqt:on municipal corporation (WCity"). (CHRIS!, BOEING and the City are collectively reterred to as the "PARtIES"); ~'l!ALS A. CJIl!.ISt has entered into a purchase and sale agreeaent with Puget Western to purchase that property comaonly known as the Shuttleton Steam-~lant site (the "Property") in Renton, washington leqally described. in Exhibit A. The Property lies adjacent to Boeing's Renton manutacturing and tinal assembly facility (the "Boeing FacUity") legally described in Exhibit B. The Property and the !=mediately adjacent portion ot the Boeing Facility are 1l1uetrated in Exhibit C. Exhibits A, B. and C are attached hereto and incorporeted hereby by this reterence. B. CHRIST haa proposed to the City the phased redevelo~t ot the property trom its existing industrial land. use to a III1xed-use development consisting ot ottiClil, residential and commercial uses (the "Redevelopment") as shown in Exhibit 0, ettached hereto and by this reterence incorporated herein. The qoverruaent permits and approvals which either heve been or are lik~lY to be sought by Christ which may be necessary tor the Redevelopment include but are not l~ted to a Planned Action Designatlon, ~rehensive Plan J\IIlendment and Rezone, a Zoning -Code text J1mendment, a Master Site Plan Approval and phased individual site plan approvals, a Shoreline Substantial Development Permit, clearing, qrad.inq, demolition, construction building and _chanical permits, short plat or boundary line adjustment approvals, roadway access approvals, parklng and loading regulations .adit1cations, variances, and hydraulic project approval (the "Permits and Approvals"). c. The City has begun du_ttinq a Suppl .... ntll.l EnVironmental Impact Statement (SEtS) to address the enVironmental impacts ot a planned actfon proposal and the proposed Redevelopment (the southport Development Planned Action DEIS, June 1999)-. The Dratt SEIS has been issued and 9117199 ~. • . , . the comment period expired 7/29/99, The Final EIS was issued September 9, 1999. D. Christ has presented lIoeing and the City with proposed site plans tor the Redevelopaent planned action on fUe with the City. lIoeing has 8xpl:essed COllCU1lS to Christ and to the City by comment letters dated July 14, 1999 and July 28, 1999 ("Comaent Letters") on file with the City. E. Christ is willing to modity its plans and commit to a development plan which pl:oh1bits residential development trom being located closer than 380 teet to the Boeing Plant and imposes other use restrictions and notice re~ireaants in cOnsideration at Boeing's withdrawal at its comment letters and its agre8llle1lt not to oppose the lledevelopaent and any at Christ's Peralts and ~rovals tor the project as d8llcribed herein and as depicted in Exhibits D and G. F. Boeing is willing not to oppalle the Redevelopment and Christ's Peralts and ~rovals in consideration at the Redevelopment being developed, constructed and operated es provided by this Agreement, and provided that the tel:'llUl and Conditions ot this Agreement are imposed, implemented and enforced. NOW, 'rH£lU:!'ORE, IN CONSIDERA'rION at the lIIUtual proa1ses, covenants and agreements contained herein, Christ, Boeing, and the City, eaCh with the intent that each be legally bound, agree: 1 • nc.NC'I! nIlSClUP'I':tOH So long as any portion ot the Boeing Facility within 1,000 teet at the Property is owned, in whole or in party, by Boeing or a related entity, and is used, in whole or in part, as an aircraft manutacturing and tinal assembly plant or tor any other heavy 1ndustdal use ("Condition") I (a) The Property shall not be developed with 1IlOr8 than J!.4IL total residential units, altCept that a hotel or other commercial use shall be allowed in the non-reSidential area as shown in Exhibit D, and as provided by existing and proposed City codes, a copy ot which is attached as Exhibit E and by this reterence incorporated herein. ~ . ~ (b) Building heights shall not exceed 125 teet above existing grade, excluding rooftop mechanical equipment. ·2· t/I711t • . , .. (c) Landscaping shall be as J:equiJ:ed herein and by the curJ:8nt City Code. Relevant pOJ:tions Q.! the Code are attached as Exhibit F and by this J:eteJ:ence incorporated herein. ~ (d) Building locations shall be geneJ:ally as shown in Exhibit o. (e) Building' uses and, occupancies shall be as shown in ~it D. (f) No change, expansion or intensification ot use or ot any building that could inc~ase environmental impacts or the s~nBitlvities to occupants and users ot the Property shall be c~ced or implemented without the prior written consent of Boeing and issuance of such Pemits or Approvals as uy be required by the Ci ty. 2. ES'rABLISBMBN'r OF lIBSIDEN~IAL lU:S'l11UCTION AlUlA (a) Christ shall submit to the city a modification to its proposed Redevelopment, as described in this Agreement, including Exhibit D, and including the prohibition of any residential uses on that portion ot the Property located within 380 feet of the Boeing Plant (the wResidential Restriction ~ea·). (b) Christ shall submit to the city a moditication to any currently pending applications tOJ: Permits and Approvals, necessary to cause the Redevelopment to conform. to the tel:mS and conditions at this AgJ:eelllent. (0.1 So long as the Condition exists, a.11 future applications tOJ: Permits and Approvals shall be consistent wi th the terms and condi tiona ot tb.l,s Agreement. 3. RESlDEN~%AL USE So long as the Condition existsl (al Residential use (the hotel shall not be consldeJ:ed a J:esidential use) shall be allowed only in the areas designated "J:esidential" in Exhibit D, and shall not be permitted to occur within the Residential Restriction Area. (b) Subject to (cl, belOW, all J:esldential use shall be month-to-month or daY"'to-day tenancies.'!. No permanent, long- teJ:m residential uses shall be allowed except with prior written consent ot Boein9, which ahall not be unreasonably withheld or delayed. ·3· 11117199 • , , (cl No individual ownerahip o~ long-term lease of individual residential units shall be Allowed without the pdor written consent ot Boeing, which COMent shaJ.l not be unreasonably withheld ~ delayed in the tace of a reasonable showing by Christ at the economic or DA~ket feasibility or necessity tor such ownership or long-term lease. 4. SI'lEW:KII »10 LANDSCAPING So long as the Condition existe: (al .Christ shall provUle a buffer of not lells than 25 teet between the common boundary line of the Property and the Boeing Facility. !be butter shall be intenaively landScaped and will provida screening and visual reliet between the residential tenants and the Boeing Facility. The bufter shall include a vehicular access road &II shawn on Exhibit D, and may require further utUities, transformers, airhandling equipment, etc. 'lh. area imIIIedJ.ately north and west of buUc\1ng 1 will also be intensively landScaped with mixed deciduous and evergreen plantings of a density and of sutficient size to obscure the Boeing Facility tram the Property. A conceptual landScaping plan ia attached as Exhibit G that is representative of Christ's intentions, but which also lIIlly require mod1ficatioM the City may d1ctate to meet traffic and other municipal requireqents, or a~ a restaurant intended to~ this area may reasonably require. Portrayal at the office portion at the site in Exhibit D is conceptual only; the design will ultimately be driven by market and/or specitic tenant requirements. and must remain flexible to their needS. Nevertheless, Christ and Boeing confirm that they are of a coaqon goal to effectively screen reSidential facilities at the Property from the Boeing facility. (bl The butter and lancLscapinq shall be regularly maintained. Plant losses shsll be replaced prampUy with the SaDle or similar material. ! . NOTIClilS '1'0 USUS upon closing and acquisition ot title to the Property by Christ or any related entity, Christ shall record a Notice on Title to the Property, and shall provide all prospective purchasers, users and tenants (as to users and tenants, with changes only in tensel of all or any p6rtion ot the Property with written notice as follows: . 9117,.. · , = <:;> = C"->, The PL"Operty imIZIadiately 1I0Uth o~ the Southpo~t ~.~ty is zonlld for heavy industrial. un, and ill cu~:entl.y IllIfld as an ai~cra.tt manUt'actudllg and. Unal aSlIlIIDbly plant. A ~ht:{ ot" indu.trial. activities occur en the PL"Ope~ty that _y be inconvanisnt or caus. clilCClllfo:t to ~l. using, wo~lr;ing 0: ~eliclillg at 8outhpo~t. 'th1e lII&y uis. from. aircraft manufacturing activitiu, inoludillg' aircza1!t t'inal assembly aad pailltillg', and a walltawatu traat:ment plant, which may glll1.nte unpl.aaant aad annoying odors, vibRtion ... -noill., dust, and a1~ lIIIIi .. lliona 0: bazudous aIld to.ld.c aJ.~ pol.lutallts aad volatU.. o~ia c:ompoundl. 'rII. City ot' Renton has utablhhfld _nUt'act~ing and othu heavy industrial use.. as priod ty us.. on cluignated heavy industrial landa. ~~by property otmUII. residant. -and Users .hould be pr.panoc1 to accept such inconveniences o~ discomt'oZ't f:r:cxa normal, n.C8ss:uy heavy industrial apen.tions when pe~t'ozmacl in ~iance with local, "tate and t"ecI.ra.l law. The o_~ ~ the prope~ty [ .. scribed on Ixh1bi t Al for itself, its .UC:C8S"0~s and aea1gns, hueby waiv ... to the extent pe%IIlitted by law its Z'ight: to prob"t o~ c:ha.U.enqe lUll/' lawful heavy manut'acrtur1ng operation o~ activit:{ o~ the 8IlviL"OrllMlntal impacts lawt"Ully caused by the cu~rent ai~ara:!t plant or othu h41avy industrial u... to the p~opt:t'ty c:bosaribed on ~it A or to tt" own.~II, u .. ers o~ oacupants. Ib) This written natice shall be in bold typeface and not less than lO-point type. (cl Except as may be required by law, a~ to avoid violations of law, so lonq as the Condition exists, this written notice may not be changed, modi 1!i ed, aended, 0: SUSPended without the express prior written consent of Baeing, which consent may be withheld in Boeing's sole discretion. 6. »a1D RES~CTIONS 'I (a) Upon closing and acquisition 9t title to the Property by Christ or any related entity, Christ will also record a restriction on title to the Property as 1!0110ws: _so t117,," --- So long as adjacent property is owned by rhe Boeing Company, a Delaware corporation, or a related entity, and is used as an aircratt manutacturing~and tinal assembly plant or oiber heavy industrial use, no residential use or residential structures of any type, whether permanent, temporary, long-te~, short-te~, rental, or otherwise, with the exception at hotel or other COIIIIUIrcial usee, shaLll be constructed, placed or used within 380 feet of the CQlDlllOn boUDdary line of this property and .the adjacent Boeing Aircraft Hanutacturing and rinal Assembly Plant as depicted in Exhibits C and D. No IIOre than 540 residential units shall be allOWed. on that portion of the property designated tor residential use, as shown' on Exh.ibi to. . (c) This restriction a.zui the notice dellcrlbed in Section 5 ahall remain in effect so long as Boeing Uses any portion at its property within 1,000 teet at the Southport property for heavy aircraft manUfacturing and final assembly or for other heavy industrial purposes. (d) The notice and restriction on title shall be recorded against title to the entire Property described in Exhibit A at the time Christ acquires title to the Property. If the Property is subdiVided, the notice an4 restriction on title shall apply to all fUture lots, parcels and tracts. (el So long as Boeing uses any portion at its property within 1.000 teet at the Southport property tor heavy industrial purposes, neither the recorded notice nor the reetriction on title may be removed. extinguished, waived. SUSpended, amended or lIIOcliUed without the prior eXpress written consent at' Boeing, which consent may be withheld in Boeing's sale discretion. 7 • DESIGN AND CCIKS'l'1WI:'UOH (a) Heating, ventilation and air conditioning tor the Property office buildings will be accompliehed by a variable ail; volUllUl aystam, or equivalent designed and placed to minimize the effects at odor and air emissions from the Boeing Property on building occupante ot' ofUce buildings at the Property. This type of equipment lend&!. itself to a variety of filtering techniques, including mynthetic fiber and activated ca~bon filters. An app~opriate filtering technology will be selected during the design phase at the Redevelopment. The ) .. Ln co, o.n = <::: . = ,! ~ ~- ~-- = C:> co, , .... main dr handling equipment tor those buildings will be mounted on the root ot the structuras. Supply air tor occupied spaces (excluding parking) in c~rcial buildings at the Property will ent~the buildings tram the east tace thereot, and exhaust air will be released from the west tace. Construction shall be designed and carried out to minimize the impacts of noise and airborne vibration that may ~ate trom the Boeing Facility by adherence to Onitorm Building Code Section 1208.2, paragraphs 1 and 3, relating to airborne sound insulation. 8 • CnT OF RIllTON (a) The City shall have the rull right and power, but no~ the obligation, to enforce the terms apd conditions ot this Aqreement with respect to either or both ot the other parties. . (b) Compliance with the terms and conditions of this agreement shall be a term and condition ot any and all Permits and Approvals issued by the City for the property. ~. NO!'ICI OF SALB (a) Christ shall provide Boeing with tirst notice of Christ's intent to 8e~1 or otfer to sell the Property. (b) Boeing shall provide Christ with early notice ot its deCision to sell all or any portion of its property within 1000 feet ot the Southport Property. 10. I'IHAI. SEIS AL'fIlUIAUVli: ~e Parties understand that the Draft SEIS has been published without reflecting the Residential Restriction Area. However, the modified Redevelopment plan as described herein and as shown in Exhibit 0, ill presented and analyzed in the Final SEIS as a new alternative w~lan C.n 11 • COOPIRA!'ION The Parties agree to cooperate and execute such further instruments, documents and confirmatory agreements, and take such further acts or actions as may be necessary or appropriate to carry out the intents ~ purposes of this AqreelllEin t • -7- • • U"> ....., U"> = = = <-- = .. 12 • CONI'LIC'rS In the event of a confUct between the tema and conditions of this ~eement and any standards or conditions imposed or requlred by the City for any Pe:m1ts and Approvals for the Redevelopment, the DIOre restrictive standard or condition will apply. 13. Dl:SPaU MSOlDfIOH (a) Wlthin thirty (30) days of the execution of this Aqreement, Christ and aoeintJ.. shall each identity a coordinator (-Designated Coordinator-or -DC") responsible for addressing issues and disputea that may arLse from time to time under the Agreement. The Partiea shall provlde written notice of the selection of the Designated Coordinatol:' and any subsequently appointed DCs. (bl If a dispute arises with rega:.:d to ally matter addrellsed by this Agreement, the Party ratll1nq the disputed issue shall contact the DC regarding the nature of the dispute • (cl '!he Parties agree that the DCs will use their best efforts to resolve the dispute presented in an expeditious manna:.:, consistent with the tems of this ~eement. Each party agrees to maet and discuss potential solutions to the dispute within five bwliness days of the date notice of a dispute was received by the other Party. ~ (ell If the DCs are unable to resolve a dispute in a ~. mutually agreeable manner within four weeks from the date that notice of the dispute was received by the other Party, the matter shall be referred to the respective supervisors of each DC. If they are UI1able to resolve l::h1s -dispute within four weaks, it shall be referred to the president of Christ and to Jim Nelson, Director Facilities , Services, Facilities Asset Kanagement Organization, Boeing C_ercial Airplane Company or his successor, for resolution. 14. NCNOPPOSITIOH By execution of this Aqreement, Boeing withdraws its COllllllent Letters and agree" not to oppa"e any ezi"ting or future PeJ:1llits alld Jlpprovals which Christ has sought or in the future may seek, or which the City or .y other govemmental agency has granted or in the future may grant, on the construction of the Redevelopment as describsd in this AgJ:eement and as "hown in Exhibits 0 and G, and so long as .8-!In''''' , , Christ has complied with the terms and conditions or this Aqreement. Booing also agrees not to take any other actions Which might have the etfect or atopping, delaying or increasing the cost of construction of the Redevelopment as described in this Aqreement and as shown in Exhibits D and G and not to in any way aid, assist, or cooperate with other persons or entities who oppose the Redevelopment. Boeing does not waive its right to legally require that the Redevelopment be constructed in confo~ce with the terma and conditione of this Agreement. 1.5, suca,SSORS AND MSIGNS The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 16. GENUAI. HOVlSIONS fa) Ent.l.re ~e~t This instrument, including the attached Exhibits A, B, C, D, E, 1', and G contain the entire agreement between the Parties with respect to the sUbject matter hereof and shell not be modified or amended in any way except in a writ1ng signed by duly authorized representatives of the respective Parties or their successors in interest or assigna. (b) Kneor_t It is agreed that the remedy at law for any breach of the agreements contained herein would be inadequate and in the event of a breach of this Agremnent, the aggrieved Party shall be entitled to injunctive relier as ~ell as damages for any such breach. The prevaiUng party in such an ac:t:ion shall be entitled to recover its reasonable costs and attoraeys' fees, including those incurred in any appeal from the judgment at a lower court. (0) Not.l.ce Any notice or other communication ot any sort r.~red or permitted to be given hereunder shall be in writing and shall be deemed sufficiently given if personally delivered, transmitted by facsimile, electronic ~l or three days atter being mailed by U,S. certified mail as tollows: -9- To Christ: md to: md to: To Boeing: md to: tel) GavImI1nq Law Michael Christ, P~esident SICO Development, Inc. 10843 !IE 8·~ St~eet, Suite 1200 Bellevue, ~ 98004 Faee!.!le: 425/637-1922 Pete~ L. BUc:k B~ent Cuson BUCk • Go~dcn LLP 1011 Weste~ Avenue, Suite 902 Seattle, ~ 98104 FaQs!.!le: 206/626-0675 lfUl1l111\ N. Jlppel ~el , Glueck, P.C. 1218 Thi~ Avenue, SUite 2500 Seattle, .ashington 98101 Faes!.!le (206) 625-1807 Gerald B~essla~, Esq. The Boeing CalIIpany HS 13-08 P.O. Sax 3707 Seattle, ~ 98124-2207 Charles E. Kaduell l1eJ:kins Coie 1201 Third Avenue, 4a~ Floor Seattle, ~ 98101-3099 Facs!.!le: 206/583-8500 This Aqxeement shall be governed by and construed in acco~dance With the laws or the State or Washington. Venue tor any action a~i:ling aut or this Agreement ahall be in !tin; County Superior Ca~t. te) Ita. Time is ot the eSll!ll1ce at this ~eement. -10. 1117", · , (f) Ml.taJ:lall\:y Allot the terms and conditions contained herein are material and subetantia·l to Boeinq' oS aqre8lllent not to oppose the Redevelopment. (q) aa.dinqa The headings and subheadinqs contained in this instrument are solely tor the convenienoe ot the Parties and are not to be used in con.struinq this Aqreement. (h) Au thon \:y The persollll execut1nq thh AqJ:eement on behalf ot the respective Parties hereby represent and warrant that they are authori=ed to enter into this AqJ:e&ment on the terms and conditions herein stated. (i) CountaJ:paJ:tll Thill Aqreement may be executed in counterparts, all ot which shall be deemed an oriqinal as U lliqned by all Parties. Cj) 81nd1ng U':'8Qt This Aqreement shall be binding upon the rellpective successors and assiqns ot the Parties hereto and shall inure to the benetit ot and be entorceable by the Parties hereto and their respeotive suocessors and assiqns. (It) Co~1dantiaU\:y Christ and Boeing IIhall hold in the strictest confidence all documents and information concerning the other, and the business and properties of the other. Each understands that disclosures made by Christ to Boeing under Section 3(cl, and either to the other under Section 9, shall be maintained in contidence. The toregoing notwithstanding, neither party shall be prohibited fro. disclosing to its investors, consultants, brokers or dealers such info=ation as is custoaarily disclosed in connection with similar matters, nor shall this section be construed to prohibit either party trom disclOsing intormation that 14 required by law. IN NITNESS NHEREOF, the Parties ~ caused this Agreement to be executed as of the day and year fint above written. 1111," • • MICBMl. ClI1US':, ONI, u.c, a Washington Limited Liability Company BY:~- Title: df.tM Lii < - 'mZ l':IOS\IlIG caGlANY, a Dalawue ;WU£!: ... PhilipW. Cyburt Attorney-in-Fact PresiA.lIt. Boeing Realty Carperatioll \ -12- , . Pared B ot city ot Renton Lot Line Adjuetmant 'NUmber LOA 98-176, reeorded in King County, ~aehington under Recording No. 9902019014, 10eated in King county, Washington. -13-ill'''' , , OJ"> ..., ..,., = Q Q ... - ~- ~ ~ = = = h. IXBDlU B to HOIIOJI1'OSl'1'IOH ~ h9·1o~2 The p~oparty owned by The Boeing company and the benefitted prope~ty in this Aq~e81118l1.t 111 located in Renton, 1t1nq County, Washington and 111 identified by K1nq County tax assesso~ numbe~s listed below and as depicted in the attached ~awingl . 072305-9001 082305-9152 082305-9019 722300-0105 082305-9011 1564&0-0055 122400-0880 082305-9019 122300-0115 722400-0865 072305-9046 082305-9187 092305-9204 082305-9209 092305-9037 072305-9100 $ . -14- " ) ,~- ..,., <""> en = = c;:, ,- ~ ~ <.:> = C"> "" , , ... 1 CCIIIBI'l' B to NONOPPOSI'l'ICN ~ hQ'.2~2 •• I ( t 60 l Ir f'\ ... ! U.;! iii..c ~ o+-.... cJ ~O CfJ > . ,-~."" o.n <'"'> en = = = "'" = = '" IXlIIlIU D . , ( " "> = = .... • o ~ rr1 -< ..• "'\' .... JJ ) EMERGENCY VEHICLE TURN-AROUND FIGURE 1.1 ~ ! to\ o 20 .to' SO' \()I MAIN ACCESS ROAD S£SOOCt Ltl nac! -'<. I I I I I WATERFRONT ACCESS ROAD • ~ N / / / F1RE ACCESS---, ROAD MAIN ACCESS ROAD , , "" , MAIN ACCESS ROAD / / / / / / / ------ I I .. ~ '--.~ .......... , "" \ \ \ \ \ \ ( \ \ \ \ .$ \ \ \ \ 0 <) IJ-Wi /_ /1'--__ _ tv • o I " rrI -< \ <=> = "" <~ ~-I ! o 20' 40' SO' FIGURE 2.1 PEDESTRIAN ,.---PROMENADE EMERGENCY ACCESS PLAZA "'- EMERGENCY C VEHICLE -~\\-o­ TURN-AROUND o = = '" ~ N > '---;: ,-'-'-,-'--,-'-~ ~1 .;:--,-'-,-'- -,-'-~ '-.;:--,-'-,-'--,-'-~ ,-'-,,'-,-'-,-'- -,-'-~ ,-'-,,'-,-'-'- -,-'-~ ,-'-.;:--,-'-'--,-'-'-,-'-,,'-,-'--1>'--,-'-" ,-'-,,'-'-':l:>'-~ -,-'-'-,,'-~'-f-,-'--f ~'-'-':~>1 -,-'-'-"'-,, ,-'-'--,-~,-,-2/-'-,-'-,-'-~ -'-1:--'-'-:-l '-,-'-'-'--,-,:'f-,-'->J'-'- ~~}"~ :::-................. '... -'-,-'---.. "' ,-" ,-'- ;-.,.'-,-" ~ "' , .......... ,'-.~ ) ."." ~a ~~ ~> 1'1% h. ~ ... il1 ..,,0 - ~ C'>N ~ CO ~ :::0" ~ rrI ~ N ~ :s: • 011 Nq = = = ~ = = = ~ - = I I ~ ~G') ~c :;:;:0 ~rr1 ~ --~ \ ,.~ ,J ) i ./ ~ ~, .., = = = ~ ---- = = "" ,~ ~ ~ .... ~ '1 t\ ~ ~ ~ ~ 1~ ~ ~ ~ ~ 1'q EMERGENCY VEHICLE TURN-AROUND FIRE "----ACCESS ROAD FIGURE 3.1 IV\ P"'". I \(y 0 20' -'0' 80' -.- ~CfESS -~r. ROAD ---- ) '"T) J -G) \t c ::::0 ~ 1"'1 ~ Lll QI • "i q ~ ® ~ ~ ~ ..., Ql ""' '" = = ili n .~ ~~~ .-~ :..o::u ~ o,.,PI .-~ ~ <-' co ~ <=0 ,,, ----- ) "T"J -G') c U"'> :::0 ,.., f'T1 .... = = c> ~-""' • ~-=> .--.- n ., '~.1 '" A "~" , ~ f'T1 -< f:O Zl - ! I -C /. WATERfRONT > z ) ACCESS ROAD Z - ----.~ .. Q PEDESTRIAN P ----- FIGURE 4.1 1"'1. E ; o 20'.r SO' • • . ------. MENADE ------ WATERFRONT ACCESS ROAD MAIN ACCESS ROAD " " ~ U"") ('r) C;) = ........ ~ ~- ~ \ 0..., , '. When Recorded Return To Gerald Bresslour Office of the General Counsel The Boemg Company POBox 3707, MC \3-08 Seattle, Washmgton 98124 III DOCUMENT TITLE DeclaratIOn of Covenants, CondItions, and RestnctlOns '6 <c lQ e 3 8-' REFERENCE NUMBERS OF RELATED DOCUMENTS N/A GRANTOR/BORROWER The Boemg Company GRANTEE! ASSIGNEE/BENEFICIARY N/ A LEGAL DESCRlPTION A portIOn of the NW V. and the NE ';" of Section 8, TownshIp 23 North, Range 5 East, W M , as descnbed more fully In ExhIbIt A, at page ASSESSOR'S PARCEL NO(S) 082305-9217-00 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRlCTlONS (hereInafter referred to as the "DeclaratIOn") IS made, granted, declared, establIshed and reserved thIS \I.,h. day of NQve ""be C ,2000 WHEREAS, The Boemg Company, a Delaware corporatIOn (heremafter referred to as "Declarant") IS the owner of certain real property legally deSCrIbed on ExhIbIt A attached hereto and made a part hereof (the "Property"), and WHEREAS, the Declarant also owns substantIal properly In the general area 01 the Property, deSCrIbed In ExhIbIt B, whIch IS affected by operatIons at the Property, and WHEREAS, the Declarant wishes to 1l1sure that the use of the Property doc~ not adversely affect the property descnbed In Exhibll B NOW, THEREFORE, In consideratIOn of the benefits to be denved hereunder, the Declarant hereby makes, grants, declares and establIshes thiS DeclaratIOn = = .- 1 DEFINITIONS AND PURPOSE a Prolect As used herem, the term "Project" shall mean the development of the Property or any part thereof, the redevelopment of the Property or any part thereof, or the use ofthe Property or any part thereof b BUlldlOg Restrlcttons. Development ReView All bUlldmgs and other Improvements on the Property or any part thereof, all plans for development or redevelopment of the Property or any part thereof shall conform to the reqUirements of thIS DeclaratIOn c Road and Street Deslgnattons Deslgnahons 01 roads and streets m thiS Declaratton shall be deemed to apply to the streets referred to herem as deSignated and laId out on the date hereof, prOVided that tlus Declarahon shall contmue to apply to said streets and roads If called by a different name at any time m the future and/or If alIgned dIfferently m the future from their alignment on the date hereof 2 TERM The restnctIons declared, reserved, granted and established hereby shall contlOuc m full force and effect for so long as the Declarant owns, leases, or occupies all or any portIOn of the property descnbed m Exhibit B This Declaration may be termmated or modified only WIth the consent of Declarant 3 COVENANTS, CONDITIONS, AND RESTRICTIONS The Declarant hereby covenants that the Property Will be used by Declarant and by all of ItS successors m ntle to the Property, and by all occupants of the Property m comphance With and subject to the followmg a ADDfoval of Development Plans Notwtthstandmg anythmg contamed In Paragraph 3 a 2 below, prIor to each development or redevelopment or con;tructlOn of any Improvement on the Property, the archltechlral plans for such project shall be prOVIded to the Declarant for the Declarant's reView, as follows (1) Such arclntecturaJ plans shall be subject to Declarant's pnor approval on the follOWing grounds and under the follOWing Clfcumstances (a) Such archItectural plans shall be submitted to Declarant for Its approval pursuant to these provisions (b) Declarant may Withhold Its approval of such architectural plans only on the baSIS that such plans, If Implemented m the construction process, would result In Improvements which would fad to meet the required standard which has been agreed upon by the partIes, namely, that Improvements to be constructed upon the Property shall be of a class "An ) ..... u> , C"') '. ~ = = .-. ~ ~ cO> .., , , ( , (2) standard, namely, that such Improvements shall be of first class qualIty of deSIgn and matenals (c) If Declarant desIres to WIthhold Its approval of such archItectural plans, It shall so noufy the then owner of the Property m wntmg, wlthm thIrty (30) days after Declarant's receIpt of such plans Such dIsapproval nollce shall set forth a statement of particulars, whIch, If changed, may result m Declarant's approval of such archItectural plan~ If Dedarant falls to gIve such nobce wlthm such 30-day tIme period, Declarant shall be deemed to have approved such plans (d) If Declarant gIves such dIsapproval notIce, the then owner of the Property may, If It so deSires, revIse such plans and resubmIt the same to Declarant for Its approval, and the process descnbed above shall be followed (e) If Declarant gives such dIsapproval notIce and the then owner of the Property IS unwIllmg to make the changes suggested by Declarant and contends that Declarant IS wlthholdmg Its approval contrary to the standard set forth m (b), above, such owner shall have the right to seek enforcement of thIS DeclaratIOn by all lawful means In the event of any hbgabon to enforce thIS DeclaratIOn, the party prevaIl mg m such action shall be entitled to recover from the losmg party Its reasonable attorneys' fees and costs mcurred m such proceedmg Such proposed use of the Property shall be subject to Declarant's prior approval on the followmg grounds and under the followmg circumstances (a) The followmg uses of the Property shall be permitted regardless of Declarant's approval, so long as such use IS permISSible under applIcable law (I) any use permitted under the zoning claSSIficatIOn applicable to the Property as of 15 June 2000, (11) any use permltted, as of 15 June 2000, under the follOWIng zomng claSSificatIons under applIcable laws of the CIty of Renton CO (Commercial Office), and COR (Center Office Resldentlal) (b) No other use of the Property shall be perrmtted WIthout Declarant's wntten approval If the then owner of the Property deSIres to use the Property for a purpose not descnbed m (a), above, the proposed use shall be descnbed In a wnttng submItted to Declarant Declarant may WIthhold Its approval only on the basIS that the propo;ed use would unreasonably decrease the value of all or any SIgnificant portIOn of Declardnt's property descnbed m Exhibit B or would unreasonably mterfere With the operatIOns of the Declarant on any portIOn of the property descnbed In ExhibIt B c (c) If Declarant desires to withhold ItS approval ot such proposed use, It shall so notifY the then owner of the Property m wntmg, WIthm thirty (30) days after Declarant's receipt of such Written descnptIon of the proposed use Such disapproval notice shall set forth a ~tatement of partIculars, which, If changed, may result m Declarant's approval of such use If Declarant falls to give such notice wIthin such 30-day time penod, Declarant shall be deemed to have approved such proposed use. (d) If Declarant gives such disapproval notice, the then owner of the Property may, If It so deSires, reVise such proposed use and resubmit the same to Declarant for Its approval, and the process descn bed above shall be followed (e) If Declarant gives such disapproval notice and the then owner of the Property IS unwIIhng to make the changes suggested by Declarant and contends that Declarant IS Wlthholdmg ItS approval wntrary to the standard set forth m (b), above, such owner shall have the nght to seek enforcement thIs Declaration by all lawful means In the event of any litigation to enforce thiS DeclaratIOn, the party prevalhng In such action shall be entitled to recover from the losmg party Its reasonable attorneys' fees and costs mcurred in such proceedmg 4 ENFORCEMENT The Declarant shall have the TIght to enforce thiS DeclaratIOn by obtammg Injunctive rehef and/or by other lawful means 5 GENERAL PROVISIONS a Runs With Land The covenants, condItions, and restnctlOns contaIned herem, shall run With the land descnbed m Exhibit A b Partial Invahdlty If any portion of thiS DeclaratIOn shall become Illegal, null or VOId for any reason, or shall be held by any court to be so, the remammg portIOns hereof shall remain In full force and effect c CaptIons The captIons and section headmgs are inserted for convemence purposes only and shall not be used to expand or dlmmlSh the prOVISIOns hereof d Law This DeclaratIOn shall be mterpreted and enforced pursuant to the laws of the State of Wash mgt on, Without reference to Its chOice oflaw rules e Severablhtv If any term or prOVISion of thiS Declarahon or the apphcatlOn thereof to any person or cIrCumstances shall to any extent be mvaltd and unenforceable, the remamder of thIs DeclaratIOn or the applIcatIOn of such term or prOVISIOn to persons or circumstances other than those as to whIch It IS mvahd or unenforceable, shall not be ) = = ~ affected thereby, and each tenn and provIsion of this DeclaratIOn shall be vahd and shall be enforced to the extent perrrlltted by law f ConstructIOn ThIS DeclaratIOn shall be hberally construed In order to effectuate ItS purposes IN WITNESS WHEREOF, Declarant has duly executed this Declarahon as of the day and year first heremabove set forth By T I tJ-"---j----.lfnnD1J1-rv1m1fr-- -... ~ ..., ~ = = <-- ~ ~ <-:, , , , , ~ STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } } I certify that I know or have satisfactory eVidence that the person appearing before me and making thiS acknowledgement IS the person whose true signature appears on thiS document on~id:Efh day of lJorember ,2000 befCW3 me personally appeared Ph I },pj.(} ,to me known to be the Vice ros/den t of the corporalion that exectited t wlth,n and foregOing Instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said corporabon. for the uses and purposes there,n menboned, and on oath stated that he was authorized to execute said ,nstrument and that the seal affixed, 'f any, IS the corporate seal of said corporat,on WITNESS my hand and offiCial seal hereto r:.: day and year first above written ( <? 2st a»-V- Notary Public ,n and for e Ie of California Residing at OlD e l! My commission expires / Q -/4-lJ/ Co-um E . .shoW'r (Type or pnnt Norary Name) " ) ) = <:::> .-. c.=, , ' , ,~ EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST Yo AND THE NORTHEAST Y. OF SECflON 8, roWNSHIP23 NORTH, RANGE 5 EAST W M , DESCRIBED AS FOLLOWS Begmmng at the Intersection of the south Ime of smd Northwest Y. with the easterly margm of Garden Street as conveyed to the City of Renton by Deed recorded under recordmg no 5535459, Thence South 89°28'22" East along said south lme 60326 feet to a monument m case held as the center of said secllon, thence South 89°30' 1 0" East, 35 59 feet, to a pomt on the we,terly mdrgm of the Pacific Coast R R Co flght-of-way, smd pomt bemg upon a curve to the nght, from which the center bears North 52°20'38" East, 810 39 feet, Thence northerly, along sood margm an arc length of277 62 feet to the pomt of tangency, Thence North 18°01 '40" West along smd westerly margm 1,995 II feet to an mtersectlOn With the southerly margm of The Washmgton State Highway (PSH-I) North Renton Interchange A- lme nght-of-way, Thence South 49°05'06" West along Said southerly margm 406 82 feel, Thence South 31°53'55" West along Said southerly margm 62 78 feet, Thence South 08°39'15" East 47 07 feet, Thence South 18°00'30" East along said easterly margm 1,28997 feet to the pomt of curvature of a curve to the fight of radIUS 910 00 feet, Thence along said margIn curvmg to the TIght, an arc length of293 83 feet to the pomt of tangency, Thence South 00°29'31" West along said easterly margm 253 42 feet to the True Pomt of Begmmng, Situate m the City of Renton, County of Kmg, State of Washmgton ," . , """ , . LO rr> ~ .> -~ = = r-- ~ = , :: .... \ " .i f , , ~ ., ',- , , , ----.-.-." -. EXHIBIT B LEGAL DESCRIPTION !. , " • , ) ) ., • • The land and improvements included within (he rollowing IHX 11>1$ (lr otherwist" pictured in the attached drawing 072305-9001 082305-9152 082305-9079 722300-0105 082305-9011 756460-0055 722400-0880 082305-9019 722300-0115 722400-0865 072305-9046 082305-9187 082305-9204 082305·9209 082305-9037 072305-9100 = , , , , . " ...... ... .. _ ..... ...... ~·21 (ofIJ ................. ' .. f"G .~';:ti.t.-.....• 11" .... ·~~ I j , .. -I III, '·(I.e " ~, I . -. II • I III '~ '" l : It 10 I • ')" .t. -----------------------------------------_.-. Return Address Office of the CIty Clerk Renton CIty Hall 1055 South Grady W91j Renton, W A 98055 Document Title(s) (or transacuons contamed therem) I Development Agreement Reference Number(s) of Documents asSigned or released: (on page _ of documents(s» Graotor(s) (Last name first, Chen first name and nuuals) 1 The Boeing Company Grantee(s) (Last name first, then first name and 1D1UalS) 1 City of Renton Legal description (abbrevllltcd I e lot, block, plat or secuon, townsiup, range) POrDons of Renton Farm Plat, Renton Farm Plat No 2, Plat of SartonSVIlle, Renton Boller Works Short Plat, Renton Fann Acreage Plat, CIty of Renton Shon Plat, C H Adslt's Lake Washlngton Plat, and Government Lots I, 2, and3-8TR082305 TAXLOT 55 PC!.. I BOEING, STR082305TAXLOT 115 PCL 2 BOEING, 8TR 082305 TAXLOT 880 PCL 3 BOEING, STR 082305 TAXLOT 19 PCL 4 BOEING, STR 082305 TAXLOT 9 PCL 5 BOEING, 8TR 082305 TAXLOT 37 PCL 6 BOEING, STR 082305 TAXLOT lOS PCL 7 BOEING, STR 08230S TAXLOT 152 PCL 8 BOEING, STR 072305 T AXLOT 1 PC!.. 9 BOEING, 8TR 072305 TAXLOT 46 peL 10 BOEING, 8TR 082305 TAXLOT 11 PCL II BOEING, STR 082305 TAXLOT 187 PCL 12 BOEING, STR082305 TAXLOT 79PCL 13 BOEING, 8TR 072305 T AXLOT 100 PC!.. 14 BOEING, STR 082305 T AXLOT 204 PCL 15 BOEING rEI Full legal IS on pages 8 through 17 of document Assessor'. Property Tax Parcel/Account Number PortIons of the folloWUlg #756460-0055·04, #722300-0115-08, #722400-O88().()0, #082305:9019-00, #082305-9209-00, #O82305·9037'()8, #722300·0105·00, #082305-9152·07, #072305-9001-01, #072305- 9046-08, #082305-9011-08, #082305-9187-06, #082305-9079-07, #072305-9100-01, #O82305·9204'()5 [03003-OWSlSB020080 051J 6120102 DEVELOPMENT AGREEMENT BE1WEEN THE BOEING COMPANY AND THE CITY OF RENTON FOR THE BOEING RENTON AIRCRAFT MANUFACTURING FACU,ITY I. PREAMBLE nus DEVELOPMENT AGREEMENT ("Agreement") between THE BOEING COMPANY ("Boeing"), a Delaware corporation, and the CITY OF RENTON ("City"), a municIpal corporation of the State ofWasrungton, 18 entered Into pursuant to the authonty of RCW 36 70B 170 through 210, under which a local government may enter mto a development agreement With an entIty havmg ownershIp or control of real property Within Its JurisdIctIon n. RECITALS A Boemg 18 the owner of certam real property, known as the Boemg Renton AIrcraft Manufactunng Fac1hty ("Renton Plant" or "Plant"), located m the CIty of Renton, Kmg County, Waslungton, as more particularly descnbed In Attachment 1, whIch IS attached hereto and by tins reference InCorporated herem B The Renton Plant consists of approXlIllately 279 acres located at the south end of Lake WashIngton In the CIty of Renton. The majonty of the Plant SIte IS located withIn the IndustrIal.Heavy ("IH") ZOnIng dlStnct and 18 deSIgnated Employment Area-Industrial by the CIty'S Comprehensive Plan. An approX1Illlltely 21-acre portion along the SIte's eastem boundary is zoned ill and is designated by the Comprehensive Plan as Employment Area-Transition (Intenm) C. The Renton Plant was onginally developed for constructIon ofnuhtary aircraft dunng World War n, With the first Plant buIldings completed in 1942 Major bmldmg constructIon occurred In the decades of the 1950s and 1960$ By 1989, the Renton Plant contaIned 69 major buIldmgs With a total enclosed floor area of approX1Illlltely 6 9 mIlhon square feet D In the late 1980s, Boemg planned an expaIlSIon of the Plant to accommodate projected production needs for the 19908 and beyond. For that proposal, the CIty of Renton ISSUed an enVIrOnmental impact statement ("ElS ") pursuant to the State EnVIronmental Policy Act ("SEPA") that disclosed and analyzed the enVIrOnmental Impacts of the addItIon to the Plant of new buildmgs and Increased employees DEVELOPMENT AGREEMENT (03003-0105/sB02oo80 OS ! 1 PAGEl 61201U2 \ .I E The EIS describes, among other alternatIves, a "Proposed Acnon" to add fOUT structures (the 4-80 bwldmg, expansIOn of the 4-82 bwlding, a 16,000 square foot addltIon to the eXIsting 4-86 bwldmg, and constructIon of a SIX-level parkmg garage) and 1,500 employees to support a forecasted productIon mcrease Based on nnpacts of the Proposed Action, a "MItIgatIon Doclllllent," dated February 20, 1990 and feVlSed March 7,1990, was Issued by the City's Envrronmental Review Comrmttee ("ERC") F The EIS estabhshes that, Without the expanSlOn described by the Proposed ActIon, the Renton Plant generated 28,140 average daily veillcle tops and 4,060 p m. peak hOUT vehicle trips The EIS estImates that nnplementatIon of the Proposed Acnon will result m the addttIon of as many as 3,015 veillcle tops per day and 435 p.m peak hOUT vehicle tops per day. G Boeing and the City agree that addtnonal development of the Renton Plant should be regulated and mitIgated m order to proVlde certainty and effiCiency WIth respect to the City's appltcable reVlew and approval processes Accordmgly, Boeing and the City WISh to enter mto a Development Agreement addressmg. certam aspects of Phase I and Phase II (as def'med below) development and therefore agree as follows m. AGREEMENT 1. Definitions For purposes ofthts Agreement, "Phase I", descnbed by the EIS as the "No ActIon Alternative," shall include Renton Plant development existmg as of the date that the MitIgatIOn Document was Issued "Phase II" shall consist of the Proposed ActIon as analyzed and nntIgated by the EIS and the MitIgatIon Document, respectively, andlor such other plans for development or redevelopment of the Renton Plant sIte that may from time to time be approved by the City 2. Vesting and Term of Agreement The City'S land use regulations m effect and applicable to project applications as of the recordmg date of thIs Agreement shall govern (a) the continued use and operatIon of Phase I for aIrplane manufactnrmg purposes and any other Boemg operanon (b) Phase II development appltcatIons submitted to the City withm 45 years from the recordmg date of this Agreement, so long as such applications are for airplane manufactnrmg uses Notwithstandmg the foregomg, the City reserves the authonty under RCW 36 70B 170(4) to impose new or different regulatIons to the extent requrred by a senous threat to publIc health and safety, as detennmed by the Renton City Council after notIce and an opporturuty to be heard has been provided to Boemg DEVELOPMENT AGREEMENT (03003'() IOSISB020080 os I) PAGE 2 6120102 ------------------- 3 Land Use Regulations For purposes of tIns Agreement, "land use regulations" means Comprehensive Plan polIcies and zoning standards m effect as of the date oftlus Agreement, provided, however, that Boemg may elect at Its discretion that ComprehenSive Plan poliCies and zonmg standards adopted after the recording date of tIns Agreement shall apply to all or part of Phase II development For purposes of tIns Agreement, the current ComprehenSive Plan deSIgnation of the Renton Plant Site is Employment Area -Industrial and the zoning designation apphcable to the Renton Plant SIte is IH pursuant to the March 15. 2002 Zonmg Map as adopted by the City CounCil 4 Baseline Vehicle Tnps 4 1 Calculation of Future Traffic InIpacts and Miggatlon EXisting vehIcle tops assocIated WIth Phase 1, described by the illS as the "No Action Alternative," (i.e, 28,140 average daily trips and 4,060 p m peak hour trips) shall be considered to be vested and to form the "baselIne trips" for pUIposes of the analysis of transportation impacts associated With Phase II development or redevelopment of all or a component of the Renton Plant Site For example, and without limIting the foregomg, lfBoemg elects to dispose of or redevelop all or a component of the Renton Plant SIte, alI or a portion of the baselme trips may be asSigned to that component of the Site when calculating and determmmg the appropnate mitigation of future transportation Impacts applIcable to that component's redevelopment. Therefore, only those traffic Impacts that exceed the ImPacts associated WIth the ''baselIne trips" shall be subject to transportatlon nutlgatton 4.2 Traffic Modehng "Baselme trips" as descnbed in Paragraph 4 1 above (i e , 28,140 average dally tops and 4,060 p.m peak hour trips) shall be mcluded m the CIty'S traffic model for purposes of estimating future transportation lDlpacts 5. Other Mitigation Fees With respect to impacts to public sefV1ces other than transportation, future bUlldUlg demolittons at the Renton Plant SIte shall be eligible for "redevelopment credits, " wlnch shall offset any applIcable nutlgatton or lillpact fees (including, but not hmlted to, nutigation fees for fire and water sefV1ces) that would otherwise be assessed by the City on the baSIS of square footage of new floor area for each square foot of floor area demolIshed. 6 MitIgatIOn Document To the extent that tins Agreement confucts With the MItigatIon Document, this Agreement controls. DEVELOPMENT AGREEMENT [OJ003'()10SlSBO'.lOOSQ 0511 PAGEl 6120102 7 Recorc!mg. TIns Agreement, upon cxC{;utlOn by the partles and approval of the Agreement by resolutIon of the City Council, shall be recorded Wlth the Real Property Records DiVlslon of the Kmg County Records and ElectIons Depamnent 8 Successors and Assigns Tills Agreement shall bmd and mure to the benefit of Boeing and the CIty of Renton and their successors m mterest, and may be asSIgned to successors m mterest to all or a portIon of the Renton Plant property Upon assignment and assumptIon by the asslgnee(s) of all obhgabons under thiS Agreement, Boeing shall be released from all obbgabons under tills Agreement. 9 Countemarts This Agreement may be executed m counterparts. each of willch shall be deemed an ongrnal 10. Exprratton. Tills Agreement. unless rescmded by Boemg or Its successors m mterest, shall become null and vOld 45 (45) years from the date of recording of this Agreement #' AGREED this ~ day Of __ ---7?''fl.A1aM::I....&!./''''--__ ->. 2002 DEVELOPMENT AOREEMENT (03003-01051SB02C080 051) PAOE4 6120/02 -...... .... a:::>o = = """ ATTEST: By: Bonnie 1. Walton I~ --~C,~t~Y~C~'~e~rk~~~----~ STATE OF WASHINGTON) ) ss COUNTY OF KING ) On tlus day of June , 2002, before me, the undersigned, a Notary Pubhc m and for the State ofWashmgton, duly commisSloned and sworn, personally appeared Jesse Tanner , to me known to be the person who signed as Maynr of the CITY OF RENTON, the corporatIon that executed the Wltlun and foregomg mstrument, and acknowledged Sald mstrument to be the free and voluntary act and deed of said corporatIon for the uses and purposes therem menttoned, and on oath stated that h" was duly elected, qualified and acting as SRld officer of the corporimon, that he was authonzed to execute sald instrwnent and that the seal affixed, If any, IS the corporate seal of sald corporatIon IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above wntten DEVELoPMENT AGREEMENT (OJO03.QIOSiSIlO20080 OSII ~{),~jJ (Sign ture of Notary) Su "Ut1\A. D_ bvv-khr,Q (Pnnt or stamp name of Notary) NOTARY PUBLIC m and for the State ofWashmgton, reSIding at s:~~ My appomtment eXpireS' PAGES 6I20iU2 ~------------------------------------------ THE BOEING COMPANY DEVELOPMENT AGREEMENT [ISB02oo80051 DOC] By Philip W Cyburt Its VIce President PAGE 6 617/02 • (0 -"'" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State 01 Caldomla Counlyot La? AtJ4.E.L€';) On Ju t.\ e: 0 I. ;Lro;).. .... belOl'eme. DAWoJ ~ :>I-IA"oR, NoT"~ PueuC/ NlIrnt and 1iII <II 0IIcer {It S1, .. eo.. '**" N;IIM: } parsonaHy appeared ....!...P..!:I~!!IL'='!!.tf'-"W><--':e'"'y ... &"'U.!:::I.:."-T_==="..-_________ , ~I of SlQnlf(st Ill! personalty known to me o proved to me on the beSlS of satlsfadory evidence to be the person{aj whose name(~ IBIare subscnbed to the wdh,n Instrument and acknowledged to me the! heMeIIIIey executed the same In hlSiRerltlmr aulhonzed capaclly(IeS). and that by hl8lbsrJlb&lr SIQIlature(et on the Instrument the person{el. or the entity upon baha" of whICh the parsOAtsj acted. executed the Inslrument kn my hand and ofbcIal seal t %h.a II-()o. --------------------OP~L--------------------Though "'" .. 10_ below IS not '"'I'JIfOd""r. ... " may_ ..... bIo '" _ ~ on/ho document __ _ tra_,.movsJ and ... fIS_ oflhl11f<Hm ",_document Descripllon of Attached Document Trtle or Type of Document ______________________ _ Document Dale ____________________ Number of Pages ___ _ Slgner(s) OIher Than Named Above ______________________ _ Capacity(les) Claimed by Signer SIgner'sName ___________________ _ o IndIVIdual o Corporate othcer-TIUe(s) _______________ _ o Parlner -0 LJrro!ed 0 General o AttorneY'In-Fact o Trustee o Guard,an or Conservator OOloor ________________________ _ Sl~er Is Representlng __________________ _ P,od No 5907 Aeon:kIr Call Tdt F .... 1 800 e7Ei 6827 .. J ATTACHMENT I Legal Description of Boeing Renton Planl Property PARCEL 1 LOTS 1 TliROUGH 13 IN BLOCK II OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME 10 OF P!J\TS, PAGE 97, RECOROS OF KING COUNTY, EXCEPT THAT PORnON TliEREOF CONveYED TO THE CITY OF RENTON BY OEfDS RECOIIOED UNDER RECORDING NOS no3140.)J8 AND 9406070578, TOGETliER WITH LOTS 1 THROUGH 8 Il'I BLOCK 1 OF SARTORISVILLE, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 7, RECORDS OF KING COUNTY, EXCEPT THAT PORTION OF SAID LOT 1 CONVEYED TO THE CITY Of RENTON BY DEED IIECORDEO UNDER RECORDING NO 7203140338, DESCRIBED AS fOLLOWS 6EGINNING AT THE NORTHEAST CORNER OF SAID LOT, THENCE WESTERLY ALONG THE NOIITHERl Y UNE THEREOF A DISTANCE OF 13 so FEeT, THENCE SOUTHEASTERLY AlONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13 SO FEET, THROUGH A CENTRAL ANGLE OF 90", AN ARC LENGTH OF 21 20 FEET TO A POINT ON THE EASTERLY LINe OF SAID LOT, 13 so FEET SOUTHERLY OF THE NORTliERLY CORNER THEREOF, THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13 SO FeET TO THE NORTHEAST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID lOT, THEIlCE WESTERLY ALONG THE NORTHERlY UHE THEREOF A DISTANCE OF 13 50 FEET, THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RAOIUS 13 50 FEET, THROUGH A CENTRAL ANGLE OF 90·, AN ARC LENGTH OF 21 20 FEET TO A POINT ON THE EASTERlY UNE OF SAID lOT, 13 50 FEET SOUTHERLY OF THE NORTHERLY CORNER THEREOF, THENCE NORTHERLY ALONG THE EASTERLY UNf THEREOF A DISTANCE OF 13 SO FEET TO TliE NORTIiEAST CORffER OF SAIP LOT 1 ANP TilE POINT OF BEGINNING, AND TOGETHER WITH THE WEST 835 FEET OF LOTS 11 AND 12 IN BLOCK 1 OF SAID PLAT OF SARTORISVILLE, eXCEPT THE NORTH 20 fEET OF SAID LOTS 11 AND 12, ANO TOGETHER WITH LOTS 1 AND 2 OF RENTON BOllER WORKS SHORT PLAT NO 282-79, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO 7907109002; SITUATED IN THE CITY OF RENTON, COUNTY Of KING, STATE OF WASHINGTON, PAGEl --------------------------------------- .... .... ..... c::o "'" = .,... PARCEL 2 LOTS J, 4 AND 5 IN BLOCK 4 OF RENTON FAR,.. ACREAGE. AS PER PLAT RECOfIDED IN VOLUME ll, PAGE 37, RECORDS OF KING COUNTY, SITUATED IN THE CITY OF RENTON, COUNTY Of KING, STATE OF WASHINGTON PARCEll THE WEST 17 5 FEET OF THE NORTH 30 FEET OF LOT 10, THE WEST 17 5 FEET OF LOTS II, 12, AND 13, ALL Of LOTS 14, 15, AND 16. AND THE NORTH JO FEET OF LOT 17, ALL IN SlOCK 10 OF RENTON fARM Pl..AT, AS PER PLAT RECOROED IN 10 OF PLATS, PAGE 97, RECOIIOS OF KING COUNTY, TOGETHER WITH THAT PORTION OF THe VACATED ALlEY ADJOINING, exCEPT THAT PORTION OEEDED TO THE CITY OF RENTON 8'f' DEED RECORDED UNDER RECORDING NO 7307090450, SITUATED IN THE CITY Of RENTON. COUNTY OF KING, STATE OF WASHINGTON PARCEL 4 THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTlON 8, TOWNSHIP 23 NORTH, RANGE 5 u.sT, W M , DESCRIBED AS FOLLOWS BEGINNING AT A POINT 60 fEET NORTH OF THE NORTHEAST CORNER Of LOT 13 IN BLOCK 10 OF RENTON FARM FLAT, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, THENCE NORTH, ALONG THE WEST UNE OF PARI( AVENUE PRODUCED, 185 FEET, THENCE WEST 107 5 FEET, THENCE SOUTH 185 FEET, THENCE EAST 107 5 FEET TO THE POINT OF 8EGINNING, EXCEPT THAT PORTION THEREOF CONVEYED TO THE cm OF RENTON FOIl THE WIDENING OF Ii'" AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO 7206090448. AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEeD RECOROED UNDER RECORDING NO. 9406070574, SITUATED IN THE CITY Of RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCElS PARCEL B OF CITY OF RENTON SHORT FLAT NO 093-89. ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO 8911149006. SITUATED IN THE cm OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PAGE. ________________________________________________ m-__ ~ ___ ~~_.~ .. ~~,~ .. ~.-~ ,_ ~ ~v--~~ PARCEL 6 THAT PORTION Of THE SOUTH 660 FEET OF THE NORTHweST 1/4 OF THE SOUTHwesT If4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , WHICH ues NORTH OF THE NORTH UNE OF NORTH 6'" STREET AND BETWEEN THE NORTHERLY EXTENSION OF THE CENTERUNES OF PElLY AVENUE NORTH lIND "AIN STREET, NOW WElLS STREET NORTH, EXCEPT THAT PORTioti THEREOF CONVEYED TO THE cm OF RENToti IIY oeEOS RECOROEO UNDER RECORDING NOS 710BI!1035211NO 8509130915, SITUATEO IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 7 PARCEL A Of CITY OF RENTON SHORT PLAT NO 093·89, ACCORDING TO THE SHORT PlAT RECORDED UNDER KING COUNTY RECORDING NO 8911149006, TOGETHER WITH lOTS I THROUGH 5 IN BLOCK 3 AND LOTS 1 AND 2 IN IIlOCK 4 OF RENTON FARM ACREAGE, AS PER PLAT RECORDED IN VOLUME 12 Of PLATS, PAGE 37, RECORDS OF KING COUNTY: AND TOGETHER WITH THAT PORTION OF VACATED STREET AND ALLEY ADJOINING, AS VACATED UNDER CITY OF RENTON ORDINANCE NOS 3319, 3327 AND 4048 WHICH. UPON VACATION, ATTACHES TO SAID PROPERTY BY OPERATION OF LAW, AND TOGETHER WITH THAT PORTION Of THE NORTHWEST If. OF THE SOUTHWEST lf4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 ""5T, W M , WHICH liES BETWEEN THE WEST UHE OF SAID VACATED ALlEY ON THE EAST lIND THE EAST LIEN OF SECONDARY STATE HIGHWAY NO 2·A (PAlIK AVENUE EXTENSION) ON THE WEST; exCEPT THAT PORTION THEREOF CONVEYEO TO THE cm Of RENTON IlY DEeDS RECORDeD UNDER RECORDING NOS 5180889 lIND 9406070579; SITUATED IN THE cm Of RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCELS THAT PORTION OF THE NORTHWEST If. OF THE SOUTHWEST If4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , DESCRIBED AS FOllOWS BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH liNE OF SAID SUBDIVISION WfTH THE NORTHERLY PRODUCTION OF THE WEST UNE OF PARK AVENUE, AS SHOWN IN THE PlAT OF RENTON fARM PLAT, AS PER PLAT RECORDEO IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, THENCE SOUTHERLY ALONG SAID PRODUCTION, TO A POINT 715 FEET NORTH OF THE SOUTH UNE OF SAID SUBDMSION, THENCE WEST PARALLEL WITH AND DISTANT 715 FEET NORTH FROM SAID SOUTH UNE TO THE NORTHERlY PRODUCTION Of THE CENTER LINE OF PEllY STREET, THENCE SOUTH ALONG SAID PRODUCED CENTERLINE, TO THE NORTH OF SOUTH 660 FEET OF SAID SUBDIVISION, PAGE 10 --------...---~--~-,~------- THENCE WEST ALONG SAID NORTH UNE TO THE NORTHERLY PRODUCTION OF THE CENTER UNE OF M ... IN STltCET. NOW WB.lS ... VENue NORTH. AS SHOWN IN THE PLAT OF RENTON FARM PLAT NO.2, AS PER PLAT RECORDED IN VOWME 11 OF PLATS. PAGE 32. RECOROS OF KING COUNTY. THENCE SOUTHERLY ... LONG SAlO PRODUCTION TO THE NORTH UNE OF NORTH 6TH STREET, THENCE weSTERLY ALONG SAID NORTH UNE OF NORTH 6"' STREET TO THE EASTERLY MARGIN OF THE ABANOONEO BURUNGTON NORTHERN RAILROAD RIGHT ·OF·W ... Y. THENCE NORTHERLY ALONG SAID RIGHT ·OF;WAY TO THE NORTH LINE OF SAID SUBDIVISlON. THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO THE CI1Y OF RENTON FOR THE WIDENING OF NORTH 6'111 STREET BY DEeDS RECORDED UNDER RECORDING NOS. 7106110508. 7106110510. 7106110511, 8509100968. 8509130916 AND 8509130917; SITU ... TE IN THE cm OF RENTON, COUNTY OF KING. STATE OF W ... SHINGTON PARCEL 9· ... THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHE ... ST 1/4 OF SECTION 7. TOWNSHIP 23 NORTH. RANGe 5 EAST. W M. LYING SOUTHERLY OF NORTH 6'" STREET. WESTERLY OF LOGAN STREET NORTH EXTENSION (LOGAN AVENUE NORTH) AS DEEDED TO THE STATE OF W ... SHINGTON BY DEED RECORDEO UNDER RECORDING NO J261l97. EASTERLY OF CEDAR RIVER W ... TERWAY (COMMERCIAL WATERWAY NO 2) .... ND NORTHERLY OF THAT CERT ... IN TRACT OF LAND CONVEYED TO RENTON SCHOOL DISTRICT 8Y OEEO RECORDED UNDER RECORDING NO 5701684, exCEPT THAT PDII.TlON CONVEYED TO THE BOEING COMPANY BY DeED RECORDED UNDER RECORDING NO S907048 (AlSO BEING TH ... T TRACT DESCRIBED IN PARCEL 10 fOLLOWING). SITU ... TE IN THE cm OF RENTON, COUNTY OF KING, STATE OF WASHINGTON P ... RCEL9·B THAT PORTION OF GOVERNMENT LOTS l ... NO J IN THE EAST ~ OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, AND OF C H "'OSIT"S LAKE W ... SHINGTON PLAT. AS PER PLAT RECORDED IN VOLUME B OF PLATS. P ... GE 79, RECORDS OF KING COUNTY. AND CERTAIN VACATED STREETS, AVENUES AND ALLEYS IN SAID PLAT, AND CERT ... IN SHORE LANDS AND VACATED LOGAN STREET NORTH (FORMERLY WILUAMS STREET NORTH), IN SAID SHORE LANOS, ALL oeSCRI8EO AS FOLLOWS BEGINNING ... T THE INTERSECTION OF THE NORTH UNE OF SIXTH AVENUE NORTH AND THE WEST UNE OF LOGAN STREET NORTH, THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOGAN STREET NORTH TO THE e ... ST-WEST CENTERLINE IN SAID SECTION 7, THENCE EASTERLY ... LONG 5 ... 10 CENTERLINE OF SAID SECTION TO THE WESTERLY UNE OF SAID LOGAN STREET NORTH, "'S THE S ... ME IS CONVEYED NORTH OF SAID SECTION LINE, THENCE NORTHERLY ... LONG SAID WEST UNf OF SAID LOGAN STREET NORTH TO AN ANGLE POINT IN S"'ID WEST UNE, PAGE 11 ,C"",),,"" i " ..... ••• v-- THENCE NORTHWESTERLY AI.ONG THE SOUTHWESTERLY UNE OF SAID LOGAN STREET NORTH TO AN INTERSECTION WITH A UNE PAAALtEL WITH ANO 30 FEET NORTHWeSTERLY OF THE GOVElINMENT MEANDER UNE IN SAID GOVERNMENT LOT I, THENCE NORTHERLY ALONG SAID PARALLEL UNE TO A POINT ON THE NORTHEASTERLY UNE OF SAlO VACAlED LOGAN STREET NORTH, THENCE ALONG SAID NORTHEASTERLY UNE, NORTHWESTERLY TO AN ANGLE POINT IN SAID NORTHEASTERLY UNE; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY UNE OF SAID VACATED STREET TO THE INNEI\ HAR80R UNE Of lAKE WASHINGTON, THENCe SOlffHweSTERLY ALONG SAID INNER HARIIOR UNE TO THE EASTERLY UNE OF THE RIGHT- OF-WAY OF COMMERCIAL WATERWAY NO 2, THENCE SOUTHERLY, ALONG THE EASTERLY UNE OF SAID WATERWAY RIGHT-Of-WAY, TO ITS INTERSECTION WITH THE NORTH UNE OF SAID SIXTH AVENUE NORTH, THENCE EASTERlY AlONG SAID NORTH LINE TO THE POINT OF BEGINNING, TOGETHER WITH BLOCK C OF THE 3'" SUPptEMENT OF lAKE WASHINGTON SHORE LANDS, SITUATE IN THE CITY Of RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 9< AN IRREGUlAR TRACT Of lAND LYING IN THE SOUTHWEST 114 OF SECTlON S, THE SOUTHEAST 1/4 OF SECTION 6, THE NORTHEAST 1/4 OF SECTION 7 AND IN THE NORTHWEST 1/4 OF SECTION 8, AU IN TOWNSHIP 23 NORTH, RANGE 5 EAST W M , INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORe lANDS, AS SHOWN ON SHEETS NOS J ANO 4 Of MAP PREPAAED BY UOO HESSE AND FILED IN CAUSE NO 156J71 IN THE SUPERIOR COURT OF KING COUNTY ENTITLED SEATTLE fACTORY SITES COMPANY, ET AL VS ANNIE J ADAMS, ET AL, AND MORe PARTICULARLY OESCRIBED AS FOLLOWS. BeGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT I, SECTION B, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M" THeNce NORTH eSOSl'OS" weST ALONG THE NORTH UNE OF SAID LOT I, AND ALONG SUCH UNf PROOUCEO WESTERLY 960 01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THe WESTERLY MARG/H OF THE RlGHT'Of-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88"51'05" WEST ALONG THE NORTH UNE OF SAID LOT 1 PROD\lCEO WESTERlY, 761 39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGlE POINT UPON THe NORTHERLY LINE OF THe SHUFFLETON STEAM PlANT PROPERTY, THENCE NO~TH 43°06'56" WEST. ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTY, 68006 FeET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER H.AR80R UHE Of lAKE WASHINGTON SHORE lANOS AS lAIO OUT BY THE STATE OF WASHINGTON, THENCE SOUTH 46°S2'2r WEST ALONG SAID INNER HARBOR LINE S58 51 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 46°52'27" WEST ALONG SAID INNER HARBOR LINE 726 94 fEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF THE VACATED COUNTY ROAD NO 376, AlSO KNOWN AS RAILROAD AVENUE, W1lUAMS STREET AND LOGAN STREET IN THE CITY OF RENTON, SAID ROAO BEING EXTENDED NORTHERLY, PAGe 12 -------------------------------~ THENCe SOUTH 14·36'26' fAST, AlONG THE EASTflU.Y MAAG1N OF SAID EXTENDED COUNTY ROAD 81701 FEET TO AN ANGLE POINT IN THE EASTERLY MARGIN OF SAID ROAD. THENCE SOUTH 41°22'31' EAST ALONG SAID EASTERLY IWIGIN 514 19 FEET TO A POINT UPON THE NORTHERLY BOUNDARY Of THE BOeING COMPANY PROPERTY KNOWN AS PARCEL V, THENCE SOUTH 66°24'16" EAST ALONG SAID NORTHERLY BOUNDARY OF PARCEL V 217 51 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE IUGHT-OF-WAY OFl'llE NORTHERN PACifiC RAILWAY COMPANY, SAID INTERSECTION BEING POINT ON A CURVE OF RADIUS 1482.71 FEET FROM WHICH THE CENTER OF THE CIRO-E BEARS SOUTH 62°38'53" EAST; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY ON A CURVE TO THE RIGHT AN ARC lENGTH OF 316 79 FEET TO A POINT FROM WHENCE THE CEflTER Of THE CIRCLE BEARS SOUTH :;0-24'23" EAST, . THENCE NORTH 14·34'111" WEST 1,546 44 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 9-0 AN IRReGUlAR TRACT OF LAND lYING IN THE SOUTHWEST 1/4 OF SECTION 5. THE SOUTHEAST 1/4 OF SECTION 6, THE NORTHEAST 1/4 OF SECTION 7 AND IN TH~ NORTHWEST 1/4 OF SECTION 8, AU. IN TOWfISHIP 23 NORTH, AANGE 5 EAST, W 1'1_, INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE lANDS, AS SHOWN ON SHEET NOS 3 AND 4 OF MAP PREPllRED BY UOO HESSE AND FILED IN CAUSE NO 156371 IN THE SUPERIOR COURT OF ICJNG COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET AL V5 ANNIE J ADAMS, ET Al AND MORE PARTICUlARLY DESCIUIIED AS FOUOWS' BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT lOT I, SECTION 8, TOWNSHIP 23 NORTH, AANGE 5 EAST W M , THENCE NORTH 88°51'05" WEST AlONG THE NORTH UNE OF SAID LOT I, AND ALONG SUCH UNE PRODUCED WESteRLY, 960 01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT -OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, THENCE CONTINUING NORTH 88"51'05' WEST ALONG THE NORTH UNE OF SAID LOT 1 PRODUCED WESTERLY 761.39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT IIBNG AN ANGLE POI,.,. UPON THE NORTHflU.Y LINE OF THe SHUFFLETON STEAM PlANT PROPERTY; THENCE NORTH 0"D6'56" WEST, AlONG SAID NORTHERLY PROPERTY UNE OF SAID SHUFFlETON PROPERTY, 680 06 FEET. MORE OR ~ESS, TO AN INTERSECTION WITH THE INNER HARIIOR LINE OF lAKE WASHINGTON SHORE LANOS, AS LAID OUT BY THe STATE OF WASHINGTON, THENCE SOUTH 46·52'27' WEST ALONG SAID INNER HARBOR UNE 607 89 FEET TO THE TRue POINT OF BEGINNING, THENCE CONTINUING SOUTH 46"52'27" WEST AlONG SAID INNER HARIIOR UNE 25062 FEET, THENCf SOUTH 14°34'18" EAST 1,546 44 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT-Of-WAY OF THe NORTHERN PACIFIC RAILWAY COMPANY, SAID INTERSECTION BEING POINT ON A CURVE OF RADIUS 1,482 71 FEET FROM WHICH THE CENTER Of THE CIRCLE BEARS SOUTH 50"24'23" EAST, THENCE NORTHEASTERLY ALONG SAID RIGHT-Of-WAY ON A CURVE TO THE RIGHT AN ARC lENGTH OF 13281 FEET TO A poINT OF COMPOUND CURVE OF RAOIUS 2,052 27 FEET FROM WHENCE THE CENTER OF THE CIRCLES BEAR SOUTH 4S016'28" EAST, PAGE 13 ----------------------------___________ ~~,_~ __ ~ __________________________ ~J_~, • THENCE CONTINUING ALONG SAID RIGHT-Of-WAY MARGIN ON A CURVE TO THE RIGHT AN ARC LENGTH Of 214 'JI FEET TO A POINT OF TANGENCY, THENCE NORTH 50'43'32" EAST ALONG SAID RiGhT-Of·WAY MARGIN 15990 fEET, THENCE NORTH 20'38'24" WEST 700 81 FEET, THENCE NORTH 46'53'04" EAST 215.00 fEET, THENCE NORTH 43'06'56" WEST 713 87 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 10 THAT PORTION OF THE SOlITHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 23 NORTH, RAHGE 5 EAST, W M , LYING EASTERLY Of COMMERCIAL WATERWAY DISTRICT NO, 2 (CEDAR RIVER WATERWAY), AND WESTERLY OF LOGAN STREET NORTH EXlllNSION (lOGAN AVENU£ NORTH) AS DeEDED TO THE STATE OF WASHINGTON BY DeeD RECORDED UNDER RECORDING NO. 3261297, DESCRIBED AS BEGINNING AT THE SOUTH MARGIN Of 6'" AVENUE NORTH AND THE weST MARGIN OF LOGAN STREET NORTH, THENCE NORTH 89°34'11" WEST ALONG SAID SOUTH MARGIN, 67491 fEET, TO THE MOST NORTHERLY AND WESTERLY CORNER OF A TRACT CONVEYED TO THE BOEING COMPANY, BY DEED RECORDED UNOER RECORDING NO 5701583, AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 89"34'11" WEST, ALONG SAID SOUTH MARGIN, 441 54 FEET TO THE EASTERLY RIGHT-oF'WAY UNE OF COMMERCIAL WATERWAY DISTRICT NO 2, AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO 211409, THENCE SOUTH 12"47'42" EAST, ALONG SAID RIGHT·Of·WAY UNE, 328 72 fEET TO THE INTERSECTION WITH A LINE PARAllEL WITH AND no FEET SOUTH Of, AS MEASURED AT RIGHT ANGLES TO THE SOUTH MARGIN Of 6'" AVENUE NORTH, THENCE SOUTH 89"34'11' EAST AlONG SAID PARALLEL UNE. 356 34 fEET, THENCf NORTH 00"25'49' EAST 320 00 FEET TO THE TRUE POINT OF BEGINNING, SrTUATE IN THE CITY Of RENTON, COUNTY Of KING, STATE OF WASHINGTON PARCEL 11 THAT PORTION OF THE NORTHWEST 114 Of SECTION e, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., DESCRIBED AS fOLlOWS. BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHWEST 1/4 WITH THE EASTERLY MARGIN Of PARK STREET. AlSO KNOWN AS SECONDARY STATE HIGHWAY NO 2A, THENCE SOUTH 89°2B'19" EAST ALONG SAID SOUTH LINE 77121 FEET. THENCE NORTH 00'31'51' EAST 253 23 FEET TO THE TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT Of RADIUS 850 fEET , PAGE 14 '- THENCE NORTHERLY ALONG SAlO CURVE 274 82 FEET TO THE PoINT OF TANGENCY, THENCE NORTH 17°59'39" WEST 1484 81 FEET TO A POINT ON A CURVE OF A CURVE TO THE RlGIIT SAID POINT BEING ON THE SOUTHEASTERlY ~1ARGIN OF LAKE WASHINGTON BOULEVARD, ' THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE POINT OF REVERSE CURVATURE OF A CURve TO THE LEFT FROM WHENCE THE CENTER BEARS SOUTH 49"18'19" EAST 288 67 FEET, THENCE SOUTHERLY AlONG SAID CURVE 250 57 FEET TO THE POINT OF TANGENCY, SAIO POINT OF TANGENCY BEING ON THE EASTERLy MARGIN OF SAID PARI< STREET, THENCE SOUTH 00"57'41' WEST ALONG SAID EASTERLY MARGIN 1581 JO FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION FOR PRIMARY STATE HIGHWAY NO, 1 (SR 405) NORTH RENTON INTERCHANGE AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO 656127, AND exCEPT THAT PORTION(S) THEREOF CONVEYED TO THE ClTY OF RENTON FOR PARK AVENUE NORTH BY DEED RECOIIOED UNDER RECORDING NO 9703181422, BEING A RE·RECORDING OF 9612120855 ANO RECORDING NO 8811150482, TOGETHER WITH THAT PORTION OF VACATED LAKE WASHINGTON BOULEVARD, ADJOINING, WHICH. UPON VACATION, "TI"CHEO TO SAID PROPERlY BY DPfR"TlON OF LAW, _ SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON c-o ..... to = <::> ..... PARCEL 12 AN IRREGULAR TRACT OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION B, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON, INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANOS AS SHOWN ON SHEETS NOS 3 AND 4 OF MAP PREPARED BY UOO HESSE AND FILED IN CAUSE NO 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTITLED SEATTLE FACTORY STTES COMPANY, ET AL VS ANNIE J ADAMS, ET AL, AND MORE PARTICULARLY DESCRIBED AS FOllOWS BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT I, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., IN KING COUNTY, WASHINGTON, THENCE NORTH 88°51'05' WEST ALONG THE NORTH UNE OF SAIO LOT 1, ANO AlONG SUCH UNE PRODUCED WESTERLY 960 01 FEET, MORE OR lESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT·Of·WAY Of THE NORTHERN PACIFIC RAILWAY COMPANY, THENCE CONTINUING NORTH SSOSl"OS' WEST AlONG THE NORTH LINE Of SAID LOT 1 PRODUCEO WESTERLY 761 39 FEET, MORE OR LESS, TO AN EXlSTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY UHE OF THE SHUFFlETON STEAM PLANT PROPERTY; THENCE NORTH 43°06'56" WEST, ALONG SAID NORTHERLY PROPERlY LINE OF SAID SHUFFLETON PROPERlY, 680 06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR LINE OF LAKE WASHINGTON SHORE LANDS AS lAID OUT BY THE STATE OF WASHINGTON, THENCE SOUTH 46°52'27' WEST ALONG SAID INNER HARBOR LINE 607.89 FEET, THENCE SOUTH 43°06'56' EAST 713 87 FEET TO THE TRUE POINT Of BEGINNING, THENCE CONTINUING SOUTH 43°06'56' EAST 220 00 FEET. THENCE SOUTH 46°53"04" WEST 220 00 FEET, PAGE '16 • THENCE SOUTH 31'37'23" EAST 44822 FEET TO AN INTERSECTION WITH THE NORTHWeSTERlY MARGIN OF THE IUGHT -OF-WAY OF THE NORTHERN PAOFIC RAILWAY COMPANY, ThENCE ALONG SAID MARGIN SOUTH 50'43'32" WEST 174 00 FEET, THENCE NORTH 20'38'24" WEST 700 61 FEET, THENCE NORTH 46'53'04" EAST 215 00 FEET TO THE TRue POINT OF BeGINNING, EXCEPT THOSE PORTIONS THEREOF CONVEYED TO PUGET SOUND POWER. UGHT COMPANY BY Deeo RECORDED UNDER RECORDING NO BB12140277 ANO FURTHER OEUNEATED AS PARCElS C AND 0 ON CITY OF RENTON LOT UNE ADJUSTMENT NO 004-BB, RECORDED UNDER RECORDING NO_ 8808309006, TOGETHER WITH THAT PORTION KNOWN AS PARCEL e OF CITY OF RENTON LOT UNE ADJUSTMENT NO 004-BB RECORDED UNDER RECORDING NO BB08309006, DESCRIBED AS BEGINNING AT THE ABOVE REFERENCED TO THE POINT OF BEGINNING, THENCE SOUTH 43'06'56" EAST 3 56 FE£T, THENCE SOUTH 14"36'26" EAST 244 87 FEET TO THE TRUE TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 14'36'26" EAST 345 29 FEET, THENCE NORTH 31'3732" WEST J09 63 FEET, THENCE NOII.TH 46'53'04" EAST 103 OJ FEET TO THE TRue TO THE POINT OF BEGINNING, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 13 THAT PORTION OF GOVERNMENT LOT 3 IN SECTION e, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.H" LYING EASTERlY OF THe ABANDONED BURUNGTON NORTHERN (LAKE WASHINGTON BELT UNE) RAILROAD I\IGHT-cF-WAY AND LYING WESTERLY OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S E ); TOGETHER WITH THAT PORTION OF GOVERNMENT LOT liN SAID SECTION, OESCIUBED AS BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY MARGIN OF THE ABANDONED BURUNGTON NORTHERN (LAKE WASHINGTON BELT UNf) RAILROAD IUGHT-OF-WAY AND THE WESTERlY MARGIN OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S E I, THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY MARGIN 60 FEET TO THE TRue TO THE POINT OF BEGINNING, THENCE SOUTHEASTERLY AT RIGHT ANGlES THERETO 10 FEET. MORE OR LESS, TO THE WESTERLY MARGIN OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S E I, THENCE SOUTHERLY AlONG SAID MARGIN TO THE SOUTH LINE Of SAID GOVERNMENT LOT, THENCE WESTERLY TO SAID SOUTHEASTERlY RAILROAD MARGIN, THENCE NORTHEASTERLY TO THE TRUE POINT OF BEGINNING. PAGE 16 -------~.-.. -.- EXCEPT THAT PORTION THEREOf CONDEMNED FOR SR 405 BY KING coum SUPERIOR COURT CAUse NO 656127; AND EXCEPT THAT PORTION THEREOF CONVE(ED TO THE CITY OF RENTON FOR WIDENING Of PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO 9703181422, SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 14 THAT PORTION OF THE 8URUNGTON-NORTHERN INC. (FORMERLY NORTHERN PACIFIC RAILWAV CO_' 100 FOOT RAILWAY RIGHT-OF-WAV IN SECTIONS 7 AND 8. TOWNSHIP 23 NORTH, RANGE 5 EAST. W M., LVlNG BETWEEN THE NORTH MARGIN OF NORTH 4'" STREET AND THE SOUTH MARGIN OF NORTH 6'" STREET. SITUATED IN THE CIT'( OF RENTON, COUNTY 01' KING. STATE OF WASHINGTON PARCEL 15 THAT PORTION Of THE BURLINGTON NORTHERN INC.'S 100 FOOT RIGHT-OF -WAV FOR ITS SELT UNE IN GOVERNMENT lOTS 1, 2, l AND NORTHWEST" OF THE SOUTHWEST" OF SECTION 8, TOWNSHIP 2l NORTH, RANGE S EAST, W M., AND GOVERNMENT LOTS 1 AND 2 IN SECTION 7, SAID TOWNSHIP AND RANGE, BETWEEN A WEST PRODUCTION 01' THE NORTH UNE OF 6'" AVENUE NORTH AND A LINE EXTENDING SOUTHEASTERLY AND RADlALlY TO THE MAIN TRACK CENTER UNE AS NOW CONSTRUCTED FROM SURVEY STATION 1068+00 IN SAID CENTER UNE (DISTANT 40 8 FEET SOI1THWESTERLY, MEASURED ALONG SAiD MAIN TRACK CENTER UNE. FROM THE SOUTHWESTERLY END OF BURUNGTON NORTHERN INC'S BRIDGE NO J) AND SOUTHEASTERLY OF THE FOUOWING DESCRISED LINE BEGINNING AT A POINT 25 FEET SOUTHEASTERLV, MEASURED RADIALLY AND AT RIGHT ANGLES TO THE CENTER UNE OF TRACK AS NOW CONSTRUCTED, FROM SURVEY STATION 1068+00; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT 25 FEIrI" NORTHWESTERLY, MEASUREO FRCH THE SOUTHEASTERLY RIGHT-OF-WAY UNE AT SURVEY STATION 1074+00, THENCE CONTlHUING SOUTHWESTERLY AT AN ANGLE TO THE RIGHT TO A POINT ON THE NORTHWESTERLY UNE OF THE 100 FOOT RIGHT-OF-WAY OF BURUNGTON NORTHERN INC AND SOUTHEASTERLY OF SPUR TRACK HEAD8LOCK STATION 8+85 5 THE END OF DeSCRIBED UNE AND END OF DESCRIPTION, SITUATED IN THE CIT'( OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PAGE 11 ) ~ .,..,. ..... 0:::0 <::> "" ..... c::> ! .,., CI CN .c> .-..... ATTACHMENT 2 Development Regulations Applicable to Phase II Development 1 Development reguiatlOns, including, but not ltmlted to the followmg chapters of Title IV of the Renton Mumclpal Code • Chapter 1 • Chapter2 • Chapter3 • Chapter4 • Chapter6 2 Pohcles set forth In the CIty of Renton's Comprehensive Plan (adopted February 20, 1995, amended August 13,2001). PAGE 13 " , Retuna Addreu Office of .h~ eny Clerk Relllon elly Hall lOSS South Grady Way Ren.on. W A 118055 Documeat Title(s) (or transac110ll$contalRed therem) I !)evel.,."""". Agreement for Ren.on Plant Redevelopment RefneDee NWllber(l) ofDoeamelltsaulped or ... I.ased: (on page __ of<locumcnts(.» Grantor(.) (Lost name first, then first name and ,mhals) 1 The Ilol:lng Company GraDtM(s) (U.S! name first, then first name aJ1cllnil,als) I Cily of Renton up! "-tip .. (abbrevoated I e lot, block. plat or secI'OR,IOWIIS.'11p. range) Pontons of Renlon Farm Plat, Renton t'""" Plat No 2, Plat of Sartomvtlle, Ratton Boller Works Short Plat, Renton Fann Acreage Plat, Ctty of Renton Short PIal, C H Adsit's Lake Washmgton Plat, aDd Govemrnenl lois 1.2,and 3 -STR 082305 TAX LOT S5 P<:L I BOilING, STk08230STAXLOT liS PCl2 BOEINO, STR 08230S T AXLOT 880 PCl 3 BOEING, 5TR 082305 T AXLOT 19 PCL 4 BOEING, STR 082305 TAXLOT 9 PCI. 5 BOEINO, STR 082305 TAXLOT 37 Pel 6 BOEING, STR 082305 TAXLOT 105 PeL -: BOEING. STJl 0823051'AXLOT 152 PCl 8 BOt;INO. STROmOS TAXLOT I PCL 9 BOilING, STR 072305 TAXLOT461'CL 10 BOEING. snt082.'05 TAXLOT II PCL 11 BOEING, STJl\l8230S , TAXLOT • 87 PCI. 12 BOEING, STR 08230S TAXLOT 79 PCl 13 BOEINO, STR 072305 TAXLOT 100 PCl 14 BOEING, STIt 082305 T AXLOT 204 PCL IS BOEING [!) Full 1"IlI'11S 011 pages __ through ___ of document AIusror'. Property Tax ParullAcco\lllt NDmber PortIORS oft~ followmg' 11756460-0055-G4, #722300-0115-08, 11722400-0880-00, /1082305-9019-00, #082305-9209..(10. #082305-9031..(18, 11722300-0105-00, U082305-9152..(17, .1'072305-9001..(11, 11072305- 9046-08, N()82)OS-90II..(18, 11082305-9187-06, #082305-9079-07, II07230S-9100-01, n08230S-9204..(15 IlIW03 DEVELOPMENT AGREEMENT BETWEEN THE BOEING COMPANY AND THE CITY OF RENTON _ FOR REDEVELOPMENT OF A PORTION OF THE BOEING RENTON AIRCRAFT MANUFACTURING FACIUTY I. PREAMBLE This DEVELOPMENT AGREEMENT ("Agreement'') between THE BOEING COMPANY ("Owner" or "Boeing',), a Delaware corporation, and the CITY OF RENTON ("Renton"). a municipal corporation of the State ofWashingmn, is entered into pursuant to the authority ofRCW 36.70B.170 through .210, under which a local government may enter into 11 development agreement with an entity having ownership or control of rea! properly within its jurisdiction. II. RECITALS A. Owner OWll'l approximately 280 acres ofrcal property, known as the Boeing Renton Aircraft Manufacturing Facility ("Renton Plant" or "Plant"), located in Renton, King County, Washington, as more particularly described in Exhibit I, attached. Since the early 19405, the Plant has been used to manufacture military and conunerc ial airplanes. B. The majority of the Renton Plant site has historically been zoned for heavy industrial use and has, for several years, been designated Eniployment Area- Industrial by the Renton Comprehensive Plan. Since 2000, a parcel along the Plant's eastem boundary has been zoned IH and designated by the Comprehensive Plan as Employment Area-Transition (Interim) and a nearby parcel has been zoned CO and design8led by the Comprehensive Plan as Employment Area-Office. C. In 2002, Owner informed Renton ofits plan to consolidate its Renton Plant operations to the site area west of Logan Avenue, an effort commonly known as the "Mm'C-to-tbe-Lake." Move-to-the·Lake is, among other things, intended to relensc underutilized land as surplus for eventual sale and redevelopment. D. To provide certainty and efficiency to Owner with respect to further development of the Renton Plant for airplane manufacturing purposes, to encourage continued airplane manufacturing by OWner at the Renton Plant, and in anticipation of potential future redevelopment efforts, Owner and ~enton entered into a Development Agreement ("2002 Agreement") on June 28, 2002, by Resolution 11/2.1103 Paae I -.) /--~~ ~~' No. 3568 which, among other things, established baseline trip counts, redevelopment credit and vesting of land use regulations under certain circumstances for ongoing Renton Plant operations and potential redevelopment E. Based on further discu')Sions between Owner and Renton regarding potential opportunities for redevelopment oflhe Renton Plant site, in pJmses, over time, Reuton resolved, by Resolution 3589, on October 14.2002, to conduct environmental review in the fonn of an environmental impact statement ("EIS") pursuant to the State Environmental Policy Act ("SEPA") orCa) potential alternatives for redevelopment of all or a portion of the Renton Plant site and (b) related public infrastructure. Resolution 3589 also established a conceptual publiclprivate framework fClr the eventual mitigation of the impacts or Renton Plant redevelopment on transportation infrastructure and public services .. F. 011 December 4, 2002, Owner and Renton entered into an agreement concerning the funding and construction of the extension ofStrander Blvd. across Owner's Longacres property ("Strander Agreemoot;. Among other things, the Strander Agreement establishes a $ 1.7 mi Ilion ~ansportation mitigation credit to Boeing that may be used to pay for transportation improvements needed to support development or Owner's properties located in Renton. G. On December 16,2002, Owner submitted an application to Renton for amendment of the C;)IlIprebensive Plan designation applicable to the Renton Plant site ("Comprehensive Plan Application") from IH to Employment Area -Transition ("EAT"). Rcnton elected to designate the area under a new Comprehensive Plan designation and combine the Comprehensive Plan Application with amendments proposed by Renton to the zoning text, zoning map and development standard for the Renton Plant site H. On December 20, 2002, Renton imposed, by Resolution 3609, a Moratorium on development in area.~ of Renton, including the Renton Plant, zoned lB. One stateG reason for the Moratorium was Renton's desire to ''provide adequate time for Renton staff to prepare and present proposed changes to the Comprehensive Plan and zoning" of those areas Zl,lned heavy industrial (IH). I. 011 January 13, 2003, .he City Coullcil held a public hearing on the Moratorium. At the request of the Boeing Company, Renton l\JtIended the Mora.orium to allow Boeing to consolidate its facilities within the Renton Plant. After the January 13, 2002 pubhc hearing, the Renton City Couneil adopted Resolution 3613 which continued the Momtorium in those areas of Renton zoned (IBOFI"G 1),-. AgreemClllII·24-<1J doc] 11124~J Pa8'2 heavy industrial (m), but also agreed to support Boeing's "Move-to-the-Lake" including any required building modification or construction. J. On June 9, 2003, the City Council amended the Moratorium for a second lime by the adoption of Resolution 3639. Resolution 3639 lifted the Moratorium over I-H zoned areas located within the Employment Area-Valley . Comprehensive Plan designation. The Renton Plant is the only I-H zoned property of any significant size that continues to be bound by the Moratoriwn, which is scheduled toexpirc on December 2. 2003. K. On March 4, 2003, Renton's Environmental Review Committee ("ERC") adopted a detennination of significance for the Proposal. Renton Issued a Scoping Notice and Scoping Document for the BIS on March 10, 2003. On March 25, 2003, a public scoping meeting was held to receive written and oral comments on the proposed scope of study. A Draft Environmental Impact Statement (DElS) was issued by the ERe on July 9, 2003. A public hearing was held on July 30, 2003. A thirty day comment period on the ORIS was closed on August 8, 2003. The Final ErS was issued un October 21, 2003. L. Portions orthe Proposal were the subject ofa Renton Planning Conunission hearing held November 12,2003; the Proposal and related modifications to Renloll's existing parking code, site development plan review ordinance, and binding site plan ordinance were tile subject of the City Council Hearing held on/"~ November 17,2003. The City Council adopted all by ordinance on November 24, J 2003. M. Owner has detennined that the portions of the Renton Plant Site known as l.ot 3 and the 10-50 site will become under-utilized at the completion of Move-to- the-Lake. Consequently, those portions of the Plant may be surplused and made available for sale, in the near future. IN LIGHT OF TIlE FOREGOING, and because successful redevelopment of all or portions of the Renton Plant site will be oflong-tenn benefit to both Renton and Owner. Renton and Owner do hereby agree as follows: m. AGREEMENT 1. DefiDitioDS 1.1 Arterial Roads means the primary public roads supporting District I and 2 RedeVelopment, as diagrammed in plan and section and described on Exhib~t 2 attached, with typical sections of the individual Arterial Roads shown in Exhibits 2A through 2E (herinafter collectively referred to as Exhibit 2). 1.2 Boeing means The Boeing Company, a Delaware corporation, and related or subsidiary entities. 1.3 Design Guidelines means the Urban Center Design Overlay Regulations established by Renton to supplement the Development Regulations with respect to the dcsign of Cl-'l'tain uses permitted within the UC-N zone. 1.4 Development Regulations means those portions of the Renton Municipal Code (RMC) zoning provisions that govern certain aspects of site planning. building design, landscape requirements and other elements of development within a given zone. 1.5 District I means that area of the Renton Plant Site located east of Logan Avenue, as designated on Exhibit 3 attached. 1.6 District 2 means that area of the Renton Plant Site located west of Logan Avenue, as designated on Exhibit 3. 1.7 Economic Benefit Analysis means the calculation of estimated one time and recurring revenues and jobs genl-Tated by a proposed Redevelopment project. 1.8 Franchise Utilities means electricity, natural gas, telecommunications, and other utilities not proVIded by Renton. 1.9 Interchanges mean access points from Renton roadways to 3Ild from Interstate 405 .. 1.10 Intersections mean the general areas where two or more roadways join or cro.s, including the roadways and roadside facilities for ImIDc movement within them. 1.1 t Land Use Policies and Regulations means Renton Comprehensive Plan policies. Development Regulations and Design Guidelines. 1.12 Local Roads means all on-site roads that are not Arterial Roads and that are necessitated by Redevelopment. I . 13 Otl~Site Intersections means intersections not included within District ] or Distrkt 2. lllWO) r-< 1.14 On-Site Intersections means the intersections shown on Exhibit 4. 1.1 S Owner means Boeing and any transferee or successor-in-interest of all or any portion of the Renton Plant. ) .16 Proposal means, collectively, Owner's Comprehensive Plan Application and related zoning and Development Regulation amendments proposed by Renton. 1.17 RMC means the Renton Municipal Code. 1.18 Redevelopment means construction of improvements to the Renton Plant for uses other than airplane manufacturing or uses supporting or associated with airplane manufacturing. 1.19 Renton Plant Operatiolls means airplane manufacturing and supporting or associated uses conducted on the Renton Plant Site. 1.20 Renton Plant Site means District 1 and District 2, collectively, as shown on Exhibit 3. 1.21 Site Plan Process means the master planning and site plan requirements of the RMC applicable to Redevelopment within the UC-N zone. 1.22 Subdistrict I A means that portion of District 1 commonly known as Palking 1.0t 3 and the 100SO Building as shown on the Subdistrict lA Conceptual Plan. 1.23 Subdistrict IB means that portion of District 1 commonly known as the 10-80 site, LotIO, and other Boeing-owned parcels east ofLogun Avenue and south of 8th Street. 1.24 Subdistricts means Subdistrict I A. Subdistrict IB, and District 2, collectively. 1.25 Utilities means water, sewer and stonnwater system improvement'! that serve the Renton Plant Site. 1. Basis of Agreement 2.1 latent This Agreement establishes a:rtain roles and responsibilities for the potential phased Redc..'VClopment of all or a portion of the Renton Plant Site, inc::luding but not 1112~IGJ Paa.S limited to Renton commitments for corresponding potential funding and construction of certain public infrastructure improvements benefiting the Renton Plant Site and the community at large and Owner commitments to participate in the funding of certain public improvements, to fund all private aspects of Redevelopment, and to reiJevelop the Renton Plant Site consistent with applicable Land Use Policies and Regubltions. 2.2 SEP A Decision Dorument This Agreement is entered into in lieu of a SEPA "Decision Document" and. as such. establishes all SEPA-based conditions necessary to mitigate potential adverse impacts of the Proposal, and Renton's approval of the Subdistrict lA Conceptual Retail Plan. 3. Redevelopmeat PIaDaiDg Redevelopment of the Renton Plant Sile may occur incrementally starting with properties within Subdistrict 1 A. Conceptual pl81Uling for the possible surplus and sale of property will occur in three areas of the Renton Plant Site, SUbdistrict IA, Subdistrict lB. and District 2, as illustrated in Exhibit 3. Conceptual planning. pursuant to the requirements of this Agreement, will be supplemented by master planning and site planning pursuant to the requirements ofRMe 4-9-200. 3.1 Cpaceptaal PI .. At ~ time at which Owner wishes to subdivide, develop, sell, or otherwise alter any property within the Subdiscricts for uses not related to airplane manufacturing or supporting uses, it will submit to Renton a Conceptual Plan including: 3.1.1 A narrative describing the conceptual Redevelopment proposal and its relationship to the Renton'S Comprehensive Plan Vision and Policies for the Urban Center-North; 3.1.2 The estimated timing and sequencing of property surplus and sale (if applicable); 3.1.3 A description of the proposed uses including the general mix of types, estimated square footage of eac.h building and parking for cach structure, heights and residential densities; 3.1.4 The general location of use concentrations (i.e., residential neighborhoods, office or retail cores, etc.); [1Il0h1NG 0.:, Ag .. ,m,n' 11-24-03 docj 3. '.5 Vehicular and pedestrian circulation that includes a hierarchy and general k.cation of type, including arterials, pedestrian-oriented streets, other local roads and pedestrian pathways; 3. 1.6 General location and size of public open space; and 3. J. 7 An economic beneftt analysis demonstratins the conceptual development's anticipated economic impact to local, regional and state governments. 3.2 Coneeptnal PIaD Approval Owner will submit the Conceptual Plan to the City CouncJl for approval. The Council will base its approval on the proposed Conceptual Plan's fulfillment ortbe adopted Comprehensive Plan Vision and Policies for the Urban Center-North. 3.3 Subsequeat Land Use Approvals Renton will evaluate all subsequent development permit applications within the Subdistricts based on <;OIlsistency with the apprOved Conceptual Plan. The process for subsequent master plan and site plan approval is outlined in RMC 4-9·200. 3.4 Modifications to Appre\'ed CODer-ptaal Pia .. 3.4.1 Modifications to an approved Conceptual Plan may be made after an administrative determination of the Significance of the proposed modification. 3.4.2 Minor modifications to an approved Conceptual Plan may be approved administratively as Ions as the proposed modifications remain consistent with the spirit and intent of the adopted Plan. 3.4.3 If it is detennined that a proposed modification Is inconsistent with the spirit and intent of the adopted Conceptual Plan, or if an entirely new Conceptual Plan is proposed. City Council approval Is required. 3.5 Subdistrict lA Conceptual Retail Plan Owner has produced a Subdistrict IA Conceptual Retail Plan, attached as Exhibit 5, that meets the requirements of Section 3, outlining proposed Redevelopment of Subdistrict I A. By adoption of this Agreement. the City Council approves this plan as the Conceptual Plan for Subdistrict I A. 3.5.1 The Subdistrict lA Retail Conceptual Plan includes development of approximately 450,000 sq. ft. of large-and medium-fannat retail stores and ) approximately 110,000 sq. ft. ofsmall retail shops, as WIlli as potential locations for structured parking and upper story multi-family residential Wlits or office uses. 3.5.2 An Economic Benefit Analysis for Subdistrict IA of the Redevelopment, attached as part of Exhibit 5, demonstrates that the Subdistrict lA Retail Conceptual Plan, which is forecast to produce estimated revenues 10 Renton of approximately $1.2 million in one-time, construction related revenues and an escalation to approximately $1.5 million in recurring annual revenues to support Subdistrict IA Retail Redevelopment beginning in 2009, demonstrates revenues sufficient to fund Renton's obligation to construct public infrastructure supporting Subdistrict IA Retail Redevelopment subject 10 Section 4, below. 3.6 AdditioDal PlaDmog Applieable Owner acknowledges that additional site planning based on the requirements of the RMC will be required for potential Redevelopment within the Subdistricts. For example. should Subdistrict I A be further divided by short pial, lot boWldary adjustment or otherwise. master planning and site planning for each parcel and building site pursuant to RMC 4-9-200 would be required. 4. Inrrastrul:ture Required to Support Redevelopment Transportation and trunk utilities anticipated to be necessary to support Redevelopment and the manner in which each will 00 funded and developed are discussed below. Exhibit 2 generally illustrates each segment of Arterial Roads. Exhibits 6A,6B, 7, 7A, 7B and 8 illustrate supporting IrWlk utilities. Exhibit 9 describes infrastructure components and corresponding anticipated cost. 4.1 Traosportation Improvements 4.1.1 Arterial Roads Required at Full Build Out The parties agr'!C that the Arterial Roads diagrammed on Exhibit 2 and listed on Exhibit 9, will be necessary to support full redevelopment of the Renton Plant Site, ill(;luding District 2. assuming an intensity of total site Redevelopment no greater than Alternative 4 studied in the EIS. 4.1.l Subdistrict lA Arterial Roads The parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10 as District I, Subdistrict 1 A roads and listed by segment on Exhibit 9 are anticipated to be necessary for full Subdistrict lA Redevelopment. lIJl410l Y ... ~ 4.1.3 Subdistrict 18 Arterial Roads TIle parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10, with typical sec:tions of the individual Arterial Roads shown in Exhibits 10Athrough 10E (hereinafter collectively referred to as Exhibit 10) as District 1. Subdistrict I B and listed by segment \In Exhibit 9 are anticipated to be necessary for full Subdistrict IB Redevelopment. 4.1.4 Other Arterials TIle cost of required improvements to arterial roads not addressed by this Agreement will be paid by properly owners or developers benefited by the improvement based on a f8ir share allocation of lOla) cost. 4.1.5 Arterial Road aDd Otber Public IDhstrueture Fuading 4.I.S.l Renton agrees to design and construct the Arterial Roads and certain other elements of public infrastructure specified below at Renton's sole cost and expense; provided, that Renton will rely on revenues from sales tax on construction, increased sales tax from Redevelopment improvements and the property tax and other revenues generated by Redevelopment to fund its share of the public infrastructure anticipated under this Agreement. 4.1.5.2 Renton will retain one-third (113) ofthccollccted tax and other revenues generated by Redevelopment, and will set aside the remaining two- thirds (213) for infrastructure improvements anticipated in this Agreement as necessary to timely support Redevelopment within Ihe Subdistricts. 4.1.5.3 Renton int~ds to utilize limited tax general obligation debt to fimd Arterial Roads and other public infrastructure under this Agreement, to be paid for by revenues generated by Redevelopment pursuant to the terms of Section 4.1.5. t. For example. $12,000,000 in bonds wa.J1d require approximately $1.000,000 per year in debt service fOr a 20·year bond at S% Interest. Similarly, $7,500,000 in bonds would require approximately $625,000 per year in debt service and $4,000.000 in bonds would require approximately $333,000 in debt service. 4.1.5.4 Should tax revenues fall short of those nec:essmy to timely install all infrastructure improvements required for a particular Redevelopment project, Renton may delay infrastructure construction until the tax revenue shortfall is remedied. 11124103 Pa8.9 4.1.5.S In the event of an infrastructure delay, Renton will immediately notifY Owner and (if Owner is a non-Boeing entity) Boeing ofits need to delay and representatives of the parties will meet to discuss a cure, which may include (al Owner's or Boeing's option) the provision ofaltemative financing pursuant to Section 5 oftms Agreement. 4.1.6 Arterial Rights or Way 4.1.6. ] Owner agrees to dedicate, at no cost to Renton, the land necessary for the rights of way de.'lCribed in Exhibit 2, at the time that land on which the rights of ways are located is sold; provided, that (8) Renton may request earlier dedication, which Owner may approve in its sole discretion, which approval shall not be lmreasonably withheld, and (b) easements or license agreements will be provided by Renton to Boeing, as Boeing deems necessary, to allow continued operation of facilities within the right of way that support Renton Plant Operations. That is, the parties intend that, if approved. such early dedication would tlot result in additional cost to or dislocation of Renton Plant Operations. 4.1.6.2 Should there be Owner buildings located in Ihe right~ of way, il shall be Ihe responsibility of Owner to, at such time as the road needs to be construcled, and upon Renton's request, (a) demolish such buildings and (b) cap and abandon any underground facilities that would interfere with Renton's use of the dedicated property for right of way purposes. 4.1.6.3 Park Avenue is constructed asymmetrically within the current right of way. Expansion of Park Avenue anticipates use of the existing road. Some additional realignment may be necessary to connect Park Avenue to Logan. Owner will dedicate the necessary right of way to realign Park Avenue to provide symmetrical right of way and as antl.cipated for expansion under Exhibit 2. Renton will vacate anjj excess right of way created by such realignment, at no expense to Owner. Should Owner have a building occupying property that would need to be dedicated to Renton for right of way, then Owner shall grant the right of way, except for the portion C/Ccupied by the building. In such case Owner will reserve the right of way for Renton. and provide the dedication at no COSllo Renton when the building is demolished. 4.1.6.4 Renton shall not vacate any right of way dedicated by Boeing necessary to serve Redevelopment, until redevelopment is complete or upon the approval of Roeing and Owner. !li2W) Page 10 4.1.7 Deslga FUDd aDd TimiD, 4.1.7.1 Renton agrees. within 30 days of the date olthis Agreement, to earmark 51.5 million for funding of Arterial Road design and engineering ("Arterial Road Design Fund" or "Fund"). The Fund will be utilized, as needed, to ensure that design and engineering of the ArterIal Roads occur in collaboration with Owner and sufficiently in advance of Redevelopment project construction to produce needed Arterial Roads in timo lo serve such Redevelopment. The parties agree that Renton shall begin the consultant Selection process for design of Arterial Roads within 30 days of the date of this Agreement. 4.1.7.2 With respect to Subdistrict I A Arterial Roads, Renton will begin design, through its consultant, of the intersection of Park and Logan as the first task of the consultant selected pursuant to Section 4.1.7.1. This early design shall be completed as soon as reasonably possible for the pwpose of defining the location and extent of the needed right ofway of the intersection of Park Avenue and Logan Avenue. Owner and Renton will consult on a right ofway definition sufficient to permit Owner to establish its property lines for purposes of sale. 4.1.8 Gellera) Coustrudion TiDliDg Construction of all or portions of ArterIal Roads required for each increment of Redevelopment will occur based upon <a> need for that portion of the Arterial Road as demonstrated by a SEPA environmental checklist prepared for that increment of Redevelopment, a traffic study, or other docwnentation aw:eed to by the parties. and (b) a construction schedule established by Renton and approved by Owner to ensure final completion of such Arterial Roads, for each increment of Redevelopment. prior to issuance of the first occupancy permit for that increment; provided, that if such Arterial Road construction is not timely completed, Renton shall identity and construct, at its cost, mutually acceptable interim access. 4.2 IDteneetioDS 4.1.1 Oa-Site luterseetioDs The cost ofOo-Site Intersections will be paid by Renton according to the principles set forth in Section 4.1.5, except that Owner will pay <a) the cost ofleft tum lanes necessary to provide access to Redevelopment and (b) that portion of the cost of the traffic signal necessary to supporlleft tum movements. 4.1.2 Off-Slte Intersections The cost of OtT-Site Intersections will be paid jointly by the parties in shares proportionate to the amount of predicted traffic using the development and the amount of predicted traffic that is general pass-through traffic. These traffic predictions will be made by use ofamutllally acceptable traffic forecasting model. Owner's contribution will be proportionate to the percentage of the traffic trips using the development, and Renton's contribution will be proportionate to the percentage of the traffic trips that are general purpose pass through trips. 4.1.3 BooIDg Trip AllocatioD Boeing agrees that it will allocate up to 1,500 of the "baseline trips" established by the 2002 Agreement for Redevelopment of District 1. It is understood that this Agreement is based upon reallocation of up to 1,500 trips in order to mitigate or minimize the need for additional transportation Improvements. The method, timing and distribution ofeach trip shall be at Boeing's sole discretion. If, however, Boeing's reservation of all or 8 portion of the 1,500 trips results in the need for transportation improvements that would have been otherwise unnecessary, Boeing will bear the cost of those improvement.~. 4.3 IBterchallIes The parties agree to collaborate on lobbying and other efforts to ~ve state and federal funding of [-405 interchange improvements that benefit Redevelopment. 4.4 Local Roads Owner agrees to pay for all Local Roads required for Redevelopment 4.5 TraasportationMltlgatioD Fees Renton agrees that Renton transportation mitigation fees a.'lSessed as mitigation for Redevelopment will be used to fund otT-site improvements, required to support Redevelopment, in proportionate shllre of the cost of such improvements. Notwithstanding the foregoing, transportation impact fees shall not be devoted to On- Site Improvements or for site access improvements required by Redevelopment, such . as left tum lanes on periphery streets. 4.6 Strander Agreement Transportation Mitil.tloD Fee Credits The parties acknowledge that, at Boeing's sole discretion, all or a portion of the reserve account established by the Slrander Agreement may be utilized to pay for 1I1l'IIlJ hg.: 12 all or a portion of Boeing's transportation obligations associated with Redevelopment, except that such credit may not be applied to reduce Boeing's share of tbe On-Site Intersection improvements addressed by Sectlon 4.2.1. . 4.7 Water 4.7.1 Renton sball, according to the principles set forth in Section 4.1.5, install water lines to support redevelopment in coordination with the construction of Arterial Roads. 4.7.2 Water lines installed sball be consisteDt with the "Option I" plan provided by Renton's Department of Planning, Building and Public Works, described on Exhibits 6A and 6B, attached. 4.7.3 Owner and Renton will work together to create a water plan to ensure provision of adequate routine (non-emergenoy) water and emergency water, including fJl'e flow protection, to the Renton Plant Site, for continued Renton Plant Operations and for Redevelopment, including but not limited to an 3greement that water for Renton Plant Operations will be of adequate pressure, quantity, quality and have required system redundancy. 4.8 Stormwater Conveyance Renton sball, according to the principles set forth in Section 4.1.5, install a "') stormwater drainage and collection systerrl to support Redevelopment, in coordination with the construction of Arterial Roads. The system to be installed is :referred to as Option I B in Exhibit 7. which anticipates reuse of a portion of the Boeing stonnwater drainage and collection system. The segment lengths, lyfe of improvement, needed right of way, length oflaterals and estimated costs of those segments is set forth in Exhibit 7 A. If all or a portion of Boeing's stonnwater drainage and collection system is used, Boeing agrees to grant Renton an easement for maintenance, repair and replacement of that system and title to tbe stonnwaler drainage and collection system . being used by Renton. 4.9 Saaltary Sewer 4.9.1 Renton shall, according to the principles set forth in Section 4.1.5, install sewer main lines to support redevelopment, in coordination with the construction of Arterial Roads. IIIl4.1l3 rap.c 11 4.9.2 Sewer main lines shall be installed consistent with the proposed plan provided by Renton's Deparlment of Public Works, described on Exhibit. 8, attached. 4.10 Franchise Utilities Provision for Franchise Utilities must be made. in col'\iunction with installation of the Arterial Roads. Franchise Utilities and Owner shall bear the cost of any out-of- pocket design costs, extra trenching, conduit, sleeves or other installations to provide for Franchise Utilities. Owner and Renton agree to reuse existing assets, if both parties agree that such reuse is feasible. S. Alternative Fiuncing 5.1 TriUering Events Should Renton be unable to timely fund public inftastructure improvements or should Owner or Boeing (if Owner is a non-Boeing entity) dctennine that it requires construction of all or a portion of public infrastructure for Redevelopment on a schedule more expedited than this Agreement provides. then, subject to the proviSions of Sectio,.'1. 5.1 hereof. the parties hereto agree that, Owner or Boeing may choose, at its sole discretion, to provide alternative financing for all or a portion of public infrastructure by one of the following means: S.2 Potential Alternative Financing Methods 5.2.1 Owner or Boeing or some other party may build all or a portion of the Anerial Roads and other infrastructure improvements described in Section 4 of this Agreement and sell all or any portion of the public infrastructure to Renton or other applicable governmental authority pursuant to a conditional sales contract, lease purchase or installment purchase arrangement or similar method, the effeet of which shall be to cause the lease or purchase payment obligation to qualifY as a promise to pay within the meaning of Section 103 of the (nternal Revenue Code of 1986, as amended. 5.2.2 Renton, or some other governmental authority, may issue revenue bonds ifand to the extent that the property to be fmanced is to be included in u utility, !>),stern or similar enterprise with respect to which revenues are expected to be available for the ultimate repayment of the capital cost of such property. 1112«13 Pate 14 S.2.3 Renton may issue such other or further debt or other obligations, including any tax increment obligations, which Renton is now or hereafter legally authorized to issue. 5.2.4 To the extent that any alternative fitllllleing may be structured in a manner which will pennit nalionally recognized bond counsel to opine that the interest on any obligation is excludable from gross income oCthe boldef of any obligation for federalln<:ome tax purposes. then Renton and Owner or Boeing covenant and agree to cooperate in good faith to structure the alternative (mancing in such manner. 5.3 Repayment 5.3.1 In the event that Owner or Boeing exercises its right of alternative financing pursuant to Section 5.1. the parties shall cooperate in good faith to enter into an agreement, pursua.'1t to which the parties shall identifY any and all fees, user charges, revenues, taxes and other benefits which are expected to result directly or indirectly. either from the public inftastructure so constructed or acquired or from the transactions contemplated hereby, in order to determine the aggregate benefits to Renton and any other funds that Renton may obtain from other governmental authorities. 5.3.2 The parties agree that they shall, to the maximum extent not prohibited by law, directly or indirectly allocate two-thmJs (213) of sucb taxes, !eveoucs and other benefits identified in 5.3.1. over time, to pay amounts due with respect to alternative financing. or to reimburse Renton or related governmental authority therefor. To the extent that such benefits are not permitted by law to be directly allocated to pay debt service or similar obligations, the parties hereto agree that such benefits shall nonetheless be taken into account directly or indirectly in detennining the total amounts of public resources which shall be allocated to repay such costs. S() that the net benefits resulting from the transactions and public infiastructure are allocated or deemed allocated for such pmposes, in a fair and equitable manner. It is further agreed that any cOSIS of issuance of such public financinp. any capitalized interest thereon or any similar fees and expenses shall, to the extent permitted by law, be included in the amount so financed and shall be similarly repaid. (1IlOI:1Nli o.v Ar.,..,m ... 11-2H13 doel lln4lll3 Page IS ""\ ..•..... .. J ·c , .. ,.; .. I 6. Vesting 6.1 Site· Wide Vesting fo ComprebeD,lve Pia ... ZoDing use Tables, and Sife P1aD Process for Term of AgreemeDt Upon signing ofthis Agreement, the Renton Plant Site is vested through the term of this Agreement to the Comprehensive Plan and Zoning Use tables, and Site Plan Process in place as of the date of this Agreement. 6.2 Additional Vesting to Development Regulations and Design Guidelines at Time of CODceptual Plan Approval 6.2.1 Generally V.:sting to Development Regulations and Design Guidelines shall occur at the time ofConceptuaJ Plan approval pursuant to Section 3.2 of this Agreement Such vesting shall extend for three years from the date of Conceptual PlanapprovaJ for Subdistricts lA and IB, and extend tor five years ftom the date of Conceptual Plan Approval for District 2 (''Conceptual Plan Vesting Period"). Development Regulations and Design Guidelines may be extended beyond the Conceptual Plan Vesting Period if a materially complete application for master plan approval, pursuant to RMC, for all or a portion of the Conceptual Plan area is submitted to Renton prior to the end of the Conceptual Plan Vesting Period, in which case such vesting shall be extended as to duration and area only for the master pian area according to the terms of the master plan approval. 6.2.2 Vesting to Development Regulations and Design Guidelines for Subdistrict lA CoJtCeptual Plan The Subdistrict 1 A Conceptual Retail Plan approved pursuant to Section 3.Z of this Agreement is hereby vested for three years lIS provided by Sectiop 6.2.1. 6.1.3 Additional Time Necelisary to F.I .... lze NOD-Retail Development Regulations aDd Design Guidelines The parties acknowledge that non·retail Development Regulations and Design Guidelines will not be in final form liS oftbe date of this Agreement. Renton shall consult with Boeing as it finalizes such standards and guidelines and make best efforts to submit such non-retail Development Regulations and Design Guidelines to City Council for adoption, no later than April I, 2004. I1l24lUl P"IC )6 6.2.4 Cbaages to AppUeable LaDd Use Policies and RegulatioDs During any vested period, should Renton amend its Land Use Policies and Regulations, Boeing may elect to have such amended Policies and Regulations apply to Redevelopment; provided, that the Development Services Director must agrec La such election, which agreement shall not be unreasonebly withheld. Notwithstanding the foregoing, Renton reserves the authority under RCW 36. 70B. I 70(4) to impose new or difterent regulations, La the extent required by the federal or state governments. or by a serious threat to public health and safety, such as changes or additions to the family of building and fire codes. as determined by the Renlon City Council, after notice and an opportunity La be beard has been provided to Owner. 7. Addititlnal Development Agreements May Be Necessary TIle parties agree thai other development agreements, in addition 10 and tollowing this Agreement, may be necessary to guide Redevelopment over time. That is, should a II or a portion of District 2 be smplused, the parties anlicipate that this Agreement would be supplemented by one or more additional development agreements. addressing issues such as open space, and new intemlll puhlic and private road nelwork and public facilities. For example. the parties anticipate that construction of additional water, sanitary and Slormwatl:f utility infrastructure, necessary for the Redevelopment of District 2, beyond that associated with the Arterial Roads discussed in Section 4. and which have been conr.eptUally reviewed by Renton, as shown in Exhibits 6, 7 and 8, will be covered by future development agreements, and that the cost of such will genemlly be the responsibility of Owner. In addition. the parties anticipate that District 2 Redevelopment will include public and private open space amenities. Such amenities may include one or more contiguous parcels that provide recreational amenities and public access to Lake Washington, create view corridors to Lake Washington and Mount Rainier, and serve as focal points for Redevelopment. 8. Marketing InfonnatloD Boeing will generally share with Renton marketing information for Renton Plant Redevelopment effons so that Renton will be infonned about the marketing 11124101 P.,.17 \ i process, and additionally, so that Renton can adequately respond to inquiries by prospective purchasers. 9. Potential Renegotiation Based upon changed or unforeseen circumstances, Renton or Boeing may request renegotiation of one or more of the provisions orthis Agreement. which request shall not be unreasonably denied. 10. Termination ofMoratoriuDi Renton agrees that the Moratorium shall tennirlllle or expire on December 2, 2003 or on the date that the Proposal takes effect, whichever occurs first. 11. 2002 Agreement This Agreement shall not be deemed to amend or supercede the 200'2 Agreement, which remai;)s in full force and effect. Il. Recording This Agreement. upon execution by tlle parties and approval oftbe Agreement by resolution of the City Council, shall be recorded with the Real Property Records Division of the King County Records and Eleclions Department. 13. Successors and Assigns This Agreement shall bind and inure to the benefit of Owner and Renton and their successors in interest, and may be assigned to sucx:essors in interest to ail or a pDrtion of the Renton Plant Site. 14. Counterparts TIlis Agreement may be executed in counterparts, each of which shall be deemed tin original. 1 S. Termination 'nlis Agreement shall tenninate on December 3 t. 2020. AGREED this /5"" day o( {)~ ,2003. ~'IIOfING 11<,' Ag_ 11·2..0) d'''1 11124103 Page 18 • CITY OF RENTON ~,-.t. ~! .... <' __ By: _->l.J:§'§"!~UlD.iIL-.--:: Its-..:~~ __ _ ~INGCOMP 1At~-. By: COJeIteJemmlnk rts: _--.AufboJIlad-",SIgnatory...",.".,~ __ _ STATE OF WASHINGTON) ) ss. COUNTYOF k\,(t ) ATTEST: By: Bonnie I. Walton Its c: ty Clerk ~ City Attorney . By: Its: Vice President On this Js..:L day of De c {' ttL e..... , 2003, before me, the undersigned. a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared T -e ~ Se. T til"" {'\ .. (-• to me known to be the person who signed as (\.."'~c of the CITY OF Rb'NTON, the cOIporation that executed the within and foregoing instrument, and acknowledged said instrument to be the tiee and voluntary act and deed of said cprporation for the uses and purposes therein mentioned, and on oath stated that kl!. was duly elected, qualified and acting as said officer of the corporation. that be was authorized 10 execute said instrument and that the seal affixed. if any. is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Print or stamp name or Notary) NOTARY PUBUC in and for the S,tate ofWashingtoD, residing at ~~-tHE" My appointment expires: 91 J ,>- 11'24103 Page: ~o STATE OF WASHINGTON) .1 } ss. COUNTY OF ~~ ) On this P day of ~mh/' , 2003, before me, the undersigned, a Notary Public in and or the Statcj\ of asbj~ duly commissioned and sworn, personally appeared \'4 \ • , to me known to be the person who signed as ' of TIlE BOEING COMPANY, the COJpOration th8t executed the 'n and lng inslrUtnfnt, and acknowledged said instrument to be the fi'ec and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that 6ht was duly elected, qualified and acting as said officer of the corporation, that ;4,. was authorized to execute said instnunent and that the seal affixed, if any. is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Print or stamp name of Notary) NOTARY PUBUC in and f9r the State of Washington. residing at ~t 1m. Ill\. My appointment expires: "kg .. o)" I • 1112410) P18c21 \ ! EXHIBIT 1 LEGAL DESCRlPI'ION Tracts A, B, C, D, E, F, G and If located In Sectlons 5. 6. 7 and 8. all in Township 23 North, Range 5 Easl. W.M • described as follows: TRACT A (Tax Pan:eJ Nos. 082305-9019, 082305-9209 &: 722300-0105 -ponion) Parcels A and B of City of Renton of Renlon Short Plat No 093-89, IlCCOI'JIDg to the short plat reconltd under Kmg County Recordtng No 891114P006. records of King County, WaslullgtOll. TOGETHER wrm that portion of the IIOl'thwest quarter of the southwest quarter of sud Section 8, 1)1ng southerly and easterly of Parcel B of said short plat and westerly and northerly of Park: Ave N. and N. ~ St •• respectively lRAC!' B (Tax .Parccl No. 756460-0055) I..ots 1 through 13, inclusive. Block II of Renton Farm Plat. according to the plat thereof recorded In Volume 10 of Plats. page 97, record:; of King County. Washington, TOGE11fER W11lI Lots I through 12, inclusive. of Sartorisville, according to the plat !beRof recorded 10 Volume 8 of Plats, page 7. records of King County. Washington; EXCEPT that portion known as Lot 3 of City of Renton Short Plat No. 282-79, according 10 the short plat recorded under King County Recotding No 7907109002. records of King County, Washington; and EXCEPT roads TRAcr C;; (Tax Parcel Nos 722300"()115 & 722300-0105 -ponion) Blocks 3 and 4 of Renton Fann Acreage, accordll!g to the plat thereof RCOrded in Volume 12 of Plats. page 37, records of King County, Washington; TOOIITHBR WITH those portions of the alley vacated under City of Renton Vaeatton Ordinance Nos. 33 I 9 and 404 8 and the street vacated under City of Renton Ordinance Nos. 3319 and 3327 11$ would attach by operation of law; and TOGETHER wrm thaI portioo of tile northwest quatler of the southwest quarter of said Section 8 lying southerly of the southerly right of way marglO ofN. 8'" St, eastcrlyofthe easterly right of way margin of Park Ave N. and north of the soulh 315 feet theROe. TRACJ' D (Tax Parcel Nos. 082305-9220. 082305·9221.082305-9222 & 082305-9(11) Lots 1,2,3 and 4 of City of Renton Short Plat No. LUA-Ol-OS6-SHPL, according to !he short plat =orded under King County Recording No. 20011205900004, records of King County, Washington TRACT I! (Tax Parcel Nos 082305-9037,082305-9152,082305-9079,082305-9204) Those portions of said Government Lots I and 2 of Seeuon 7,1)'IDg wlthlP the abandoned Burlmgton Nonhern Railroad right of way (fonnerly Northern PlICJfic, Lake WashiDgton Belt LJlle) and northerly of the northerly fight of way margin ofN.6'" St.; TOGETHER WJTII s.aid nortbwer. quarter of the southwest quarter of Sectton 8,lying northerly of the northerly nght of way margm of N. f?' St and westerly of the westerly right of way mlll'gin of Park Ave N.; EXCEPT Clly of Rentot! Short Plat No. 89-093, as recorded under KIng COUIIly Recording No 8911149006, and BXCEPI' that pomon of sBld northwest quarter of the southwest quarter l)'Ing southerly and easterly of Satd short plat; and TOGETHER WITH those portiOns of sBld Government Lots 1,2 and 3 and the southeast Ijuarter of the northwest quarter of SeehOn 8.lyiag westerly and northwesterly, respecti vely, of the westerly right of way margin of Pade Ave N. and the northwesterly right of way margin of the North Renton Interchange (SR 405), westerly of a bne that intersects With said northwesterly nght of way margin of the North Renton Interchange, said hne being described as beginrung at Stanon 6+50 on the A-we of the North Renton Interchange, SR 405, as shown on Sheet 2 of 5 ofPSH 1 (SR 405) North Renton Interchange, Washington State Department of Transpo11atJon RIght of Way Plan, and ending northwesterly, pc"pcndlCular to saKI Station. at a point on the southeasterly margin of the 1 00 foot IIIlIIn track of Burlington Northern Railroad, eastedy and southeaslerly of lhe northwesterly fight of way Ime of the abandoned BurJiDgton Northern Railroad nght of way (formerly Nortbern Pacific, Lake Waslungton Belt Uno), BXCEPT from said abandoned rrulroad nghl of way thaI portlon lYIng northwesterly of a line descnbcd as follows Beguming at a point SO feet southeasterly, measwW radially and at right angles to the centerline of tbe Burlington Northern DI8lII track as now constructed, from Survey Station 1068+00, said polDt being on the soutbeasterly nghl of way margin of the 100 foot WIde nghl otway. Thence northwesterly along Aid rachaI Jlne a dJstanc:e of 2S feet; Thence southwesterly in a slraIght hne to a poUlt 25 feet northwesterly, measullld from Ihe southeasterly right of way bne at Stahon 1074+00, Thence contlOuing southwesterly al an angle to the right, to a point on the northwesterly nwgID of tbe 100 foot Burlington Northern Railroad nght of way, sBld pomt also bemg on the southeasterly line of the Spur Tract at Headblock Stalion 8+85.5 and tbe end of said descnbed hne and EXCEPT that portion of Satd Government Lot 2 described as follows; Begmning nl an intersection of the soulhcasterly right of way margin of said Burlmgton Northenl Railroad and ~ northwesterly margul of vacated MIll Sf (park Ave N ) per Vacalion Ord 2513, Thence soulhwesleriy along saKI southeasterly margin of the railroad right otway, a distance of60 feel; l1telce southeasterly. at ngbt angles to srud railroad nght of way, a distance of 10 teet, more or Jess. to a potnt on the northwestedy right of way margin of Slid vacated Min St (park Ave N ), Thence northeaslerly along satd Mill St to tbe point of beglnmng· TOGETHER WITH porllon of Vacated Lake Wa5blOgton Boulevard adJOining. ,r~.',., .... . 3 TRACn' (Tax Parcel Nos. 072305-9046 & 072305-9001 -portIon) That portion of tbe SE \<i of the SE \<i of said SectIOn 1,Iymg southerly of N. 611> St, westerly of Logan Ave N., easterly of the Cedar RIVer Waterway (Commen:JaJ Waterway No.2), and northerly of that certain tract of land conveyed to the Renton School District by Deed recorded under Kmg County Recoromg No. 5701684 TRACT G (Tax Parcel No. 072305-9001 & 082305-9J87) That portron of said NE 14 and SE '04 of Section 7, NW 14 of ~eetion 8, SW 14 of Section 5, and the SE ',4 of Section 6,Iying north of N cf' Street, easterly of the Cedar River Waterway (Commercial Waterway No 2), wc.~terly and northwesterly of the westerly nght of way line of the abandoned Burlmgton Northern Railroad (formerly Northern Pacilic, Lake Washmgton Reh LIRe) I1IId northwesterly of the lIorthwesterly line of the raIlroad spur track begmmng at Headblock St2tJon 8+85.5, westerly of Lots "An and ''Bn of CiIY t)r RllIIton Lot Une Adjustment No. LUA-98-176-LLA as Ittorded under KlOg County Recordmg No 9902019014, and southerly ofthe Lake Washington Inner Harbor Une; EXCEPT Logan Ave N TRACT H (Tax Parcel No. 072305-9100) That porllon of the Burlington Northem Inc. (formerly Northern PacifIC Railway Co.) 100 foot railway nght of way in said SE ~ of Section 7 and SW 14 of SectIon 8,lymg north of the IIOI1her1y right of way margin of N. 4'h Street and soulherly of the southerly nght of way margin of N. 611> Street. AIIsilu31e in the City ofRculon, Kmg Counly, Washington. ~ ~ "G" ~ % "0" % b "E" :;) N 8th St r.. '" z ~ ~ ..:( z -t!: I1i 0 z ) 0... > "C~ I ..:( c: ..:( I 0 c: 0 Q) , -' I .... 0 I N 6th Sl ~ I· Illi~ I "F" I St , , ~ II II tD ! I L 0 600 1200 -. --I : 1200 ) '" 0' ; '. ," .-~' ....... Pol ........ T n : r r -c ... ., \ l\ 1\ \ f.'~' \. \i ~ '" \ t " [1-----.. l, " L..o !, ; ...... ; '- [] [ J ....... -_ ... c:::::l ==-".," _=::e-,,- ~ =I11III':"" @ -- t -® _""1_ 1!I!JlI--.--.... :.-=;.-:.- PROPO'SED ARTERIAL RIGHTS OF WAY TO SUPPORT DISTRICT 2 . ...... - EXHIBIT 2 (FULL BUILDOUT) '. TYPICAL SECTION 1~ PARK AVENUE NORTH FROM PROPOSED LOGAN AVENUE TO NORTH 8TH STREET 04 LANES OF TRAFfiC WITH A MEDIANITURNING LANE EXHIBIT 2A ~_ "....,wc .. -.AMOO ........ -C ~ · _L -'t. .--+. ..::.., ~~ r -"'-.,-.1--,--1 • w ::L.: o 8 '" 32' FUll BUllDOUT _1.£ 1"·'1' J:IDIEl SECTIONS N£ ORAWN IN ACCClI'IIWa W/lH l'Hi' KING OOI.MY RO/'D STMIlAADS NO lIE CITY Ct' FIf!N'1'CIj tfTFf!ET STNOAIlOS .\U. RO,J,OWAY SEG7JCNS NIE 1IJ.US1I'IA7'I1IE " , '\ U CoIouIIilg /!n(}If>eP 01 SMwwt SHtt QiIII BOO s..ttIe. IMIIfIIIgIOI 98101 Il!06I 3/J2'06OO Fex (2)6) sse-osao lO~l!OO:l ,'I .... >, __ .; ,,->/ TYPICAL SECTION 2: PARK AVENUE SOUTH FROM NORTH 8TH STAE£T TO NORTH ent STREET 4 LANES OF TRAFFIC WITH A MEDIANITURNING LANE ,r EXHIBIT 2B ~'tMc wc--.-~ Q J 1IUS..-at1,la4 ~ ~~ u.s It -.t fit w, ~ o t' 'S' 31' I ' I FUll BUllDOUT SCALE '-.1:6" b!1m SECT'ICWS ARE DRAIWIIN NX:CI'IDN¥::E WI»! TI£ K1NI3 CXJC.,NTY ROKJ STAN:IiI.ROS ND TI£ CITY eX' FENTOl STREEr STNDAROS. ALi ROADWAY SECTIONS ARE IU.US1'RA T/IoE ~~ 101_ Slreet. &111. «10 -~~ t:!06J 3Sl!<I6OO Fu C/CI6l 382-OSOO o M)1SflfR 2003 "-"--.-,,' TYPICAL SECTION 4: LOGAN AVENUE NORTH 8 lAHES OF TRAFFIC WITH A MEDIANIlURNING LANE 5' BICYCLE LANES ON EACH SlOE OF ROADWAY EXHIBIT2C ....... .JV ._-~. ~.~MMM~--------------------------------------~~~--~ FULL BUILDOUT I [)8' j' Sc:AI.E '-·18" wm. $iCTIOI/S ItRf! DRAIm IN ~ Wl7H 1f£ KNa co.MJY /!CW) ST~ ND »E CITY a: FIENTtIH SlJ&T STMOARDs. AI.I. AOADWAY SiCTl()NS AIlE 1.UlS7AATlI£ v --~~ 10/ -." Sirlel. BrAIB 800 SMIII& ~i 981:)1 C20fjJ 382-06IXI All< I2C6I 382-iJ6OO I) I\OIIN!!ER 200$ \'J .; ,> \ ...... ) , _ ... ----------.... ---- -.-.. -.. -~ _ .. - - --- ---. -.. -----~.. -_. --&,. .' .-- --~~.-. . . ---. -. _.. .. -.' . • -. - - --_. _A' ._ ... -.--_ ....•• ---.' • _.->. --.. _. --------_. _. ---... --. --_. -.. -- -. ----_ .. -- •• • _. -__ --_. ___ -._ 0 •• ' _. ~ _. -----.. --.. .. _. . -.. .- .-----.. -. ..'. -. -_.-----,. , '. -._-.--- o ---:. -,""' Urban Center North District Sub-areas Districts Subject to Conceptual Plan Approval Exhibit 3 !U!! 'NW -,._ .. , . .. .. ." =%". o !:!!:!!.-,..... ... a IIOlIA I_'~_""." .... ...... --..... -......,._,/l1li'"..,. ® -- (I) -- ._ ... ON-SITE INTERSECTIONS EXHIBIT'" ) EXHIBIT " 5 " BOEING'S CONCEPTUAL URBAN RETAIL PLAN Renton, Washington Submitted to the City of Renton Novem ber 17, 2003 Background CONCEPTUAL URBAN RETAIL PLAN Lot 3 and 10-SO SItes Renton, Wastungton The Boeing Company has been working with the CIty of Renton fur more than a year III evaluating potentNtl redevelopment strategies assOCIated with Its 7'9 facility In Renton, washington. ThIs Conceptual Plan lIIustr.1tes the BoeIng Company's VISIOn rer the redevelopment 01 the first Piece of the Renton Plant to be made available for non-Industrial uses. The Plan Includes that portion of the pruperty comrnanly refelTed to lIS the Lot 3 and 10-SO SIteS, whtch have been determined to be J\OIl'o essenba! to the 01190lIl9 awplane manufactunng actMtI8511S Boeing completes It's "Move-to-tfle..Lake" consolidallOn plan. The Plan covers approXtmlltely 53 to 55 acres 01 gross land, of which apptoximately 8 acres are reteIVed for the development of four new artenal streets that are _nbal to the ulbmate /'eIIevdOpment of the enttre 280_ campus. The remalnll1!J 45 to 47 acres or land will be mar1ceted to enttttes ~1teI'Osted In developtng an Integrated retail center on the SIte, COIISIStent with this COnceptual Plan. Included within thIS sub,mUal are B narrative descnptJOn 01 BoeIng's proposal, a Conceptual Plannmg Otagl'Bl11 with supporting pedesti IBn street secbonS, and an ecoIIGfI1Ic: benent analysIS demonstrabng a range of potenbaI_ bnIe lind recumng revenues generated by the proposed development. BoeIng seeks the Ctty's approval of thIS conceptuIII Plan so that BoeIng can IlOIIIp1ete the nee as,., lot line adJustments and b6g1n ac:tJVeIy marIcBbng the property to loaIl, reglOmllllnd nabonal developers and users. The Knill on the followtng page highlights the location 0I1he prDJIO$eII retad SIte In relation to Boelng's remaining land hOldIngs and the SUfI'OUIldIng North Renton neoghborhood. /~.' .•.... ~Jj ConceptualVrban _II PIli. Boetng believes that hl9h-cJuahIy retail deVelopment IS! I obiIIlO tile successflII 10_ of lhe '"" from JtsIflClustnal roots to the Qly"s _ lOr thG Urban Cenle,...NorIh A weII-desIgned retad center Win provide employment, dNemfy the . """nomIC base, offer it new sou"'"' olllltllllClpol revenue, Mel WIIIatlnct aIher altemabve and poIei ,bally higher and better uses to Ihe surnouncIIng area. The ~ Plan for the I.ct 3 and lc.-SOsotes, IocaIed on the foIoWong page, lIustrata the tohesIII8 redewIopment of \he "....,.,. _ an urbIIII nata. anter. The Plan _lIS a IlIIX of large format "_natlOn' rete .... IIIICI-sIzed retllllIIIChcIs, as weM as smoll shop splICe concentrated along Park _, ...-ned .. \he SIgnIfIcant pedestnin-onented SI ..... >t ,n the area. The Plan _ods to \he pi esenee of tI,. _'119 Fry's buoklong on \he property to the east of GanIen A_ and anllopatos tIIlt ulomate redevelopment of the nor\hem poRIon of tile! sote WIn relate d,roeIIy 10 tile deveJopment ocxumng on Bo8lng's ~ Tile sote IS bound by a combonallon or 8laSIInD end new pu/IIIe I\IIIdwIIys, whlth segregote the property mto four quadr1InIS rangong -.en.6 .... 19 ....... on ...... BoeIng IS seeking ~ tor the 4S-to 47-acre prcipefty ... ~ • _. redeYeIopmant. Generally, \he "",efonnat retaol dfMoIapment (~WIth rootpnnts of 50,000 squIIN feet and larger and bUlldong future heoghts ... to 4S feet lal) IS planned ... 0ClCUr along Ii"', Logan and Garden Avenuee, "-'ll1IIWIIrd and su __ by weH-orgamzed partong """'" mtemII to the SIte. These d_ r_ ..... will naturally _them •• I_ along the WIdest pofboIIS of tile property, Wllh 900d _oy vISibility, much hte \he racently oomp/el!ld Fry's development on the ... tern ...... of Garden A_. Medoum format retallels (rlllflhlg between 10,000 Ind 50.000 squIIfe feel In area, WIth tuldong realure heoghls up to 40 reel tall) are assumed mfiII _een the laog. formallenonlS, WIth pnmary .,-stRon entl1lllC>OS fIIcIng _ ... directed toward Park Avenue. Again, parking IS assumed to lie concentrated MIhm each seg" ... ~ of Ihe Sh, to _lOr potential "seo:oncI-generatIon' redeVelOpment at higher .. densitIeS, of acIolevable. The northweSt quadrant of the IJI'OP8IIY IS KIenIIIIed as """ potenI1allocabon tor a mid-10 IIIgh-nse development. whICh coukI talce the form ria multl-level pod""" • pal kIng structure, with mulbfilmoly _ or offlce uses _. Thos u_ developonenl could .. _the truly uobln v"""," tor the _ aM, togeIher with peoIesInan scale treatments at the (l0I'II", of Park and Logan, would IdenIIfY Ii1IS as lhe "gateway" to the lIrban-Center North. Small, specialty _I shops and omenohes would lie con<el1lnlt1ld pnmanly along Pall< Avenue. The scale of development IS more _18 here, wllh an edectlC mox or us.s, ardlItectUIll' styles and gal1lanng places In some II1SIa/ICeS, single storY reta,1 uses may be topped wRh one to three levels of apaotments or pn>fessIonal ofIk:e uses, all overlooking Pa'" AVflnue and the actMty along tile stnet edge. Toyether, the large-and medoum-foonaI users total apprlllQlllately 450,000 square 'eet or space; the smaler shop space totals approxlInalely ltO,OOO square feet, or 20% of the center. .-, "-'''''' CONCEPTUAL URBAN RETAIL PLAN rt ..... __ ....... C' .... ..... a.v ... ..... ... oMoe.t ... ' .... .ato,. CONCEPTUAL PlANNING DIAGRAM ~DE'IVG Hierarchy of 5o'treets Key to the successful deVelopment of the property IS the reconflgurabon and improvement of Park Avenue to ,erve as a cntical pede$lnan-Gnented street In the project. To accommodate fUll redevelopment of the Renton Piant propert/e5, the ultImate build out of Park Avenue WIll need to allow for four travellan85 and a center tum lane, d851gned for velUl;ular travel up to JS rmles per hour. To support the vIsion for the development of an urban retail center In this location, a generous Slckowalk WIth street trees and on-5treet parkmg for Park Avenue IS being proposed to enhMce the enVIronment In the publK; realm lind encourage people to make Park Avenue a ped85tnan street. An IIIU!>trative street sectlon for Park Avenue can be found on the foIloWlIl\l page. The other major north-south connection IS logan Avenue, whICh extend5 from 6do Avenue to the south and JOIns Park Avenue 11\ the north. The co/IStIUC:trcB of Logan, provld'ng dIrect lICCIlSS to 1-405, Will be an unportant altel'lllltlVe through connection to ensure Park Avenue function, as a pedestnan-onente:d shopPing street. At the outset of redevelopment In the area, Logan IS ellVlSlOl1td as a three-laM street, WIth one travel lane In each dIrection and a centeMurn lane. Ultimately, logan wIn . expand and MIction even more so liS a hghar-speed altenal. The east-west artenlll roadways, 10'" and S'" Avenues, are lass attiaIl to the successful development of the urban retail center, other thIIn s.vmg lIS access poInts to the center off of Park Avenue. ConnectIOns I'torn 10'" and 8'" to Logan Avenue, If construcIed, would be favorable, but the center would function as wen WIth access only off of Park, the 8XlSIing hili of Sdo and Garden Avenues. Urtoan CeAter-North Vision and PoIIc* This proposed COnceptual Urban ItetaII Plan.meeis many of the CIly's VISIOII and policy statements lor the Urban Canter-North, which call lor "reteIIlntegnlted Into pedestnan-onented shopping cIIstncts" and recognizes thIIt: . "At the begInning of this transItIOn, uses suches retaiL .may be viable without the office and residential components that ultimately WIll contribute to the urban character of the dlStrtct.· The CIty's VISIOn plans lor the trwISItIon of the area over a 30-year horizon and antldpates that redevelopment win need to adcIress the potenllal for future .nlill to allow areas to further grow to urban denSllles. TIlls SIte 15 located WIthin Otstrtct 1, where the CIty !dentlnes Its first objectrve as follows' "Create a mB)or commercia//retad dlstnct developed with uses that add Slgnltlcantly to Renton's .etan tax ba58, provide edd,bonal employment opporitUnltl85 within tile CIty, attract buSllleSses that serve 8 broad milTket area and act as a gathering place WIthin the community.' Boeing's Conceptual Urban Retad Plan seeks to both allow for the near-term redevelopment of Doe",,,'s underutlllzed assets while advocabng for a mIx of USe$ that II1lProves the Oty's tax and employment base. AI IS lIIusUated wltllIn the attached economIC benefit ana\ysls, more than 1,300 JObs would be tteated In t."e Oty or Renton by a redevelopment of thIS scale The CIty would tOned more than $1.2 mill,on an one-tIme revenues during development and the CIty would receIve over $1.5 mIllIon In annually re<:UTTIng tax revenues at filII build out. .,tcy" .. ' .... '. "'. " '. " , , " • ~ .... .. . ~ ~ " ~l:~ I" '. ' ()~~ ~ .. ~ , ~ I ~ « ~ \ ~ ~ ,:~ , , , " " .. -.. '. \,. ~ .. ". '" ~ ~ z~ ~ '-to c... Summary Boeong belHlVes that Its Conceptual tkban Reta. Plan laustrates the optInIal development plan for tms 45 to 47 acres of land III N<lrth Renton. 1hePlan offers the opportumty to contnbute to the tl'illlSltlon oftlle area from a pnrnanly Industnal neighborhood to a htgher Intenstty and range of viable uses, proYIdmg both jobs and a s'!llIIflcant source of new revenue to support the aty's ob)ectfves for the area. '~ ... "} Summary City of Renton Economic Benefits ) SUMMARY CITY OF RENTON ECONOMIC BENEFITS Retail Redevelopment on Part of Boebtg. RentOD Plant Site Economic benefils to the City of Renton of rc-developing 46 acres of the Boeing Rentoll, WashingtOn plant Site follow Derivallon of these benefit estunatcs IS based on a set of reahsuc assumptions that correspond 10 development of 451,000 square fo!Ct of re/ail blgimedwm box space and 110,000 square feet of relad shop space. » At fuJI absorpl1on of the above 561,000 square feet of retad space on a redcveloped portion of the Boemg Renton plant site. It IS estimated that 2.197 pennanentJobs would be created throughout the region. » Of this lotal. a projected 1,132 direct jobs would be created at the targeted 46- acre Boeing Renton site plus 266 additional indirect jobs wlthm the City of Renton, assuming a 25 percent capture rate. ;.. It IS estimated that these 1.398 direct and mchrect JObs In the City of Renton would generate an add,tion"i $45.4 million in recurring aDOw income earned inside the City once full occupancy of this new retail space occurs at the Boeing Renton plant site » The corresponding Increase in property values by redeveloping this 46-acre portion of the RClllon Boeing site mto retail uses is forecast to total nearly $66 million upon complellon in 2009 » The increase in an"ually recurring tax reve1UlCS to the City of Renton at full build-outlS estimated at over $1.5 million starUngin 2009. » This is 10 addition to over $1.2 mIllion in one-time City revenues collected during land redevelopment and the construction of 561,000 square feet of retail space on a part of the Bocmg Renton plant SIIC during the 2004-2008 period IJlJll(t) UiL ESTATf. ECOI'«»IICS The ala and' C3ku11t1Ol'li prer.alcd Mm. wMe Aot .~nl«d. m obbIncd ftOfl'l soun:tI dnlDld rtlllWc I I r-"'-'--------------... _--- I PERMANENT JOBS CREATED IN 2009 1600 ______ . ____ ~OE.BENTON ..... ----___ _ 1200 ," -.--- ~ eoo ii_ ----_ ! 4OOf----- 0-1----o NEW JOB ANNUAL INCOMECREATED IN 2009 $50.0 r __ .. __ -r..,... __ ...cIOO:lEJWIION _________ . s $40.0 l----- ! S30.o -0 -------_ .... _- f! $20.0 f----,g If10.o ~---- $0.0 ~----o $1'* .. __ . ___ N~.C_ITY_o/ RENTON TAX REVE~J.I::.:ES~ ____ _ ! ".~ t-------.----.---.. --- .!I $1.-0 1---,-------------- 8 ".JO~ +-----..... ----- '0 'l.aGO t---------·- ~ "to t-----.. ------• :;-o _ + ____ ... ,, __ _ r; 'zoo +---.. - $II l---.... lOIN _ 2001 2007 _ 20GI [i-.:anii·De~:_ • BuHdlng Dev. :1110 :1111 2012 2013 • PeJll1lnenf Tax .. CURRfIfT lOtlING scewuo .) •...........•... .- -. ' I i I !,soD ! ! ., ... , ..... 1,IlOO ... ,- f , ... '" ~ ... ~ 9' i ... f ... III I· It ...... U"'O"~ .... fl·hlllll:wl s s NEW PERMANENT JOBS CREATED B'l2OOt NEW JOB ANNUAL INCOME IN 200t '" .. __ .. _-----, ." ....... -. --------~ ~.-.--. ,_ ........... ~''"''''' .... __ .... ..-....~'''''db.M~_.'y_l~iI'.>.,.' ... 1H 3' 15 0114 --.--- PROPERTY VAWE INCREASES B'I''' WI!h I'IOJoCC .. " $0 $1t $all .-... .. ItO PO Ito .... $100 _ .. "'- NEW JOB CREATrON ') -l ..--B - At --------... .... .... 1 ...... _ ........ -11--1 ) ---_ .... _ .. _------------------" NEW STATE TAX REVEHIIE$ .w_.---.-____________ . ____________________ __ ..... .... !! § "" ,. .... .... .. -.... --"" -... ... "" -... NEW RECURRING STATE REVENUI!8 10114 '1 ..... 1 ". ""'1MIoooova"..P4wt:.of 11"~ ",. __ -........ ___ ....... NII.....--. ______ I~l>'"O't ... w. r ........ _,""", ... "', ..... __ ''Il0l'' ..... T .... _II!dovGIopo, .... lane! ..... -''Il0l'' ... n LlndDow~ Land IlovOIOI>nIoOI ec.-. COIla laftd 1IJIp01t.tmet1t ~ durHOA .. years PefterIl des"lI' 1_ nl8lJlIIOIt, ... d PeanI __ _ I""""""'. Bundlng O'V'lcpllllntP ...... a-.. _Vltua _nl ........... _ ..... 'I..-'.' ....... PetCCnIi c:anOvcbon 1Ibor .. commesCial p ..... nlcon __ &_._ ~muIbp.or ........... ond .... _' .... BAng muI!pller fotClOMfrUt.fJan I'1a\IOfI\' doMIopmon\ -. yom -..aoglMod _ __ ,",of _...-L __ -__ ~ __ /sqll--- Sq • per...."." .. -bog .... - --per .... -1>11 """-!w •• SIo.,.Spoc. __ i00i01 __ L .... ___ _ ~1IL.loiIo!ll. ",'9""'""",,1$\0.,' .. 'Ie" _/sq ft __ ~ -Shop $fIIICII R~ Ufban VIftno.Jt-P-fIN lII,. "'13103 s s $ s TbtNta ... ~utCUoiloOMpqHtlled ............ I'IL'IIIW'IIIIItCII.ha'ltlbMICI~IfOffIICIUlCiW~IID ... ,..... t..:k,~I:= 14,314.177 10 ~'" \ .) "' ""'\ ..... . ' ) JOllS DlfedJobS IndncI .lobo; Total Jobs INCOME Pored Income _edlncome T ola! lf1come PROPERTY VAlUE INCREASES TAX BASE INCREASES Assessed Valu811011 Retail Sales Real Eslole Sa ... Grass BUSlI1e$$ ReceIpts SELfCTEI> TAX REVENUE INCREASES (Proporty, sales,8&O and real estate) SlaleTaxes local Taxes Cily 0/ RenIo,,-prope,rty 100% In aIy R.cn~ UtNn VllbJC-P-FIN -', 1 '1'3103 S $ $ Summary Nol applICable Not eppIlCebie Nol applICable Not app\IcabIe 12.882.759 $ 61,578,000 NolappllC8b1e $ 97.742,857 14.314,117 $ 66A20,ooo 1.169,652 $ 5.143.45'1 tM ...... .-I mk..tt.~!VtM"1Id htfIIQMI'. f'IOt~ ~ bHnllbLa-o IrUIIlQIIrCt4be/II'rM tc» ....... $ 65.996.257 $ 65,91l6,257 $ 143,948,750 $ 6,599.626 $ 143.948,7611 $ 10,356,729 BUSllless RecetPIS LandU8e Met R.IaIlSaIes AmIuII AnoN .. SgIt per!Ql! RtI!I!! SIlls !mpfoyf!!!!! 0r0Ia !!C!ipts 428,450 $ ~5 S 1'17.823.750 114 $ 117,823,750 104.@! , 250 S 26.125,000 418 S 28.125.001) TOTAL 532.950 $1Sffl.750 1.132 $143,9:18.750 Roo'" lIINnVdIIg'-IN.>I. 11113103 Page 1 The ... n QI/cIlWIt,..,~,*","" noe guarMle'ld. hev. beeno.,.,.. .... sourc:. ~1D-.. nIbItIfII REAL STATE ECONOtIICS \ ) , ") Real Eslate Sales Rel8II$l1 .. G<oss 81JS111<.," R_opts Re_ \III>an V_.p··FIN >I. 1111_ s $ TlU(bases $29.322.857 $ 12.882.759 $ 1~.314.177 $ ~.742.857 $ 61,e76,000 $ 68,420.000 $ 143,948,700 143.948.100 '"" data ~ ~ pmeJIIe6Mt1Of1 ...... not~ilr.1/IIOOC. t\;WOKcn oOblMd t1lm ~ ~ 10M ...... bto Pagel REAL ESTAT!! ECONOMICS --- .. ~ .::::/ R ..... UrbooVlr;.go.l'-FtI .... 11113103 'IlIoaAtlo_~""'~hWM ..... -..t~ JIa¥f __ 'otAAo"""'~""'''''''''''''''' ) Crrnrnercial • _ U_ V' .ge·P-"'N 1<1, 11/13103 Pop 1 The ~.)nCf r:XW\Ion$ ~ hlfCln""'" noI D~ h.wm tCtft ob~lf\Cd frvm 'SOlft'H tIINwd IobereItabtG .REAL ESTA1E ECONOIMCS Onellme Jobs ) costs S 1,.431.418 $ 8,e42.ooo $ 6S,OOO $ 65,000 2 25 42 wages $ $ 2,736,800 wages $ $ 684,200 years 4 9 11 $ $ 24.631,20!l $49,000 20 251 $ 12,315,600 $ 3,078,900 4 JObsaeared 63 equivalent New Jobs 73 Income fer New Jobs 3,163,100 Re .... u .... Vilage-P4IN.1d, 1111301)3 Pogo 1 ThctoCia\a afI(I ~IOM pttSoa'IlId btfNI YotIie not gvmnIelld.lut~ bt'molllWlld: fI(Wn ICIIIftlIr& WIMItd" be rMIbIe REAl. ESTATE ECONOMICS ()netlme Revenue iIIA_ .... dDov B .... ngDtv 2Ot2Tu 0lI0 .... _ ""nodl __ , .. -Role .-... -, .. $ 12,l1li2.159 $ ",518.000 UO% tOOllll 8& 0 T..-$ M,3",t77 $ 1a,~,OOO 0411% tOGO'll. ~ Esude Trans. I :III_I 91742851 128% aGO'll. TOTAl. ..... ~ LandDov 8wldl1I1I Dwr :11102,... en. InN revenues _T .. _ , .. _ Role ...- _Tax S 12,882,159 S B1.518.000 Ot5% tOGO'll. I'OTD $ '''''14.m I BB.42D,OOO 0_ tO_ ROIl Estat Tmlllt.ter S 29122.857 S 97.742m 0_ ,..,,, TOTAL Renton lhttan VoIt;I.~P-FW.JtJ, 11113103 the 4Ita ~ ulcoAn;w!lt.l~ hN."wtIo_ NIl ~ ~ Ib&eol4.u:a.rnd r..<tIh SOUtOM bIIIwM IDbe,.&IM .... dlltv e .. IdlngD .... -..... -... 57$3,e.t, $ 3,602,11' uo.878 $ :zso.on $375.333 $ 12511111 $t,1I1.&52: $ 5,""454 ....... D .. 1IoIIdtog 0.., R ....... --117,39' $ 63.110 so $ . SOl . 117,392 S 83'10 P>9" , R£4L ESTATE E'COHOtIICS """ c-I]r ........ ",-"Ta SoIosT .. 8&OT .. _E __ TorAL Clll'oI_ --~Tax _TIOC 8&OT_ __ T_ _TOl</V, IToTAL Rucumng Revenue -T ... _ ~S7 $0 :: 20M T .. _ $IlS.t9&.2S7 11-"750 ,_750 lI8._ 1'98 8&O~ 0471" 20U T .. _ $1-1_ 0_ 0_ 2002 Tu_ $33SOO 0_ 4I.IICM 0_ ~«OO :lilt -. $95,695 $0 $0 $0 $85,6951 :lilt $221.887 $'.zi3.H4 $0 $32,l1!J11 S78.1112 $1 Rontoolllbao VoIIago-P-FIN.~ 11113103 Pogo 1 Tht:ata*"d:~",~dtttreftwh"not9'l.,.tnleed.bllWlboC!nobtlMnld"I)IRSODh*IbdIrtwd.MI'8UbIo R&4LESTATEECONOMICS • Boeing CPA -Estimated Cost for Water Infrastrv.>ture Improvements 10116103 Phase 1 Cost without Length Cost with street street restoration 1 2 3 4 5 6 7 8 9 10 Location !"rom To In ft. restoration ParkAveN. GardenAveN N. 8th SI 2000 $ 500.000 $ N. 8th St. extension ParkAveN Logan Ave N. 1300 $ 325,000 $ LoganAveN. N. 8th St. N 6th St. 1300 $ 325,000 $ 1-Pressure reduCing stabOn atWest HIli Pump $ 200,000 $ N. 10th St. ParkAveN. GardenAveN 650$ 162,500 $ . Subtotal 1 to 4 $ 1,512,500 $ Phase 2 Logan Ave N. Garden Ave N. N. 8th SI 2700 $ 675,000 $ N. 10th 51 Houser Way Gamen Ave N. 900 $ 225,000 $ N. 10th 5t Park Ave N Logan Ave N. 950 $ 237,500 $ 2 -Pressure redlJcl~9 ~ stations at Highlands $ 200,000.00 $ 3-200 fl water stubs to properttes west of Logan 600 $ 150.000 $ Subtotal 6 to 10 $ 1,487,500 S ITotaI--'Lto 10 --~------.--------S 3,000,000 $ Future ReseNOlr in KennydBle 32o.zone $ 5,000.000 $ -Note: Ccst excluding street patC;h:ns for e ft wide x 5" ~hlCk aspha~t patch over wat6i lina trench Within streets where new water lines will be inslaUed -Asphalt cost esbmated at 5901l0n 11 Abdo.JlI:loe,n9lboelng·,nfrastrueture-co5t·est 01.x1s-1 0I61Q3 .. 459,500 298,675 298,675 200,000 149.338 1,406,188 620,325 206,775 218.263 200,000.00 137,850 1,383,213 2,789,400 I 5,000,000 Exhibit 6A -~-~~ .. ---...... '. -Exhibit oa ~ ftWE:a tCW'r ........ ,......,. -... ..-(0""" no ~ PROPOSED WAlER MAIN IMPROVEMENTS FOR '" NlW ----...,. -eoEING CPA DEVELOPMENT AGREEMENT r=~1=-,,-==c....., -.... ~.'~)' .. "" .. ": '.' _~:.o ) • f • I I -_._------_ .. - C:J II ----------_ .. - • f'1 X :r -t:l --I j' ' • "") II • 19CIIII')SOSl:2 ~1'"N~~;:: J < 1t:!~~~'1~ g -:c :c >< w .. J /~ .... ' ,.,"; , v/ r ~/' , -, 11. 5-200' STUBS I FROM LOGAN TO THE WEST ; AT $20.000 OACH TOTAL. $100,000 ; 3. 100 IF OF 12' . 11.:. " $2SO PER FOOT . /r-' TOTAl. = $250,000 , i 1"'-. EXISTING KING CO. • ;... EASTSIDE 1rm:RCEPT0II. ~ 4. 1200 IF OF 12" ,: .@$2S0PERFOOT : TOTAl. = $300,000 , ,/"', Ii i Ii I' ..... , .. r • .... . i ,. . , '" .- .. om •• TOTAL COST or .... '" • If' I. WEST STUBS • 100,000 2. lOGANIPARK COllieclOR. 125,000 3. N. 18TH -.LOGAII TO PARK· 250,000 4. N. 8TH -lOGAN TO PARK • 300,000 5. GARDEN REPlACEMENT • 390.000 $1,165,000 011. $1.2 MIWON PROPOSED BOEING CPA DEVELOPMENT AGREEMENT SEWER EXTENSIONS EXHIBITS ... • -, , , .' . . ' ,:". . : :' ~ _ .•• >t." '!t!l" . _1: , , J', " '. t, " , \ \. .. . . . jl, .... \'.' . . CI l : '\.r~ -'I I _ " ~ -; '. \' . .- • t, ., \. 1, • ", " " t "\ ~\ .,. J .. , • " ' ; 1. • \ lUIIiD -----t:::;::=l =:::'= ... " _===-.. 1D iii --,~: t ...t. L_ • ---(!) --- 1 ................. ... .... -_.---.. -_ .. _a/ .. " ...... . ........ PROPOSED ARTERIAL RIGHTS OF WAY TO SUPPORT DISTRICT 1 eXHI81T 10 ; I <~. TYPICAL seCTION 1: PARK AVENue NORTH FROM PROPOSED LOGAN AVENUE TO NORTH 8TH STREET 4 LANES OF TRAFJ'Ie WITH A MEC1ANlTURNING LANE o r 16' 32' I ' I SCALE' l-.nr ~ PARTIAL BUILDOUT <SAME AS FULL BUILDOUT) SECTIONS ARE DRAWN IN ~ WITH 1l£ KING COI.MY RON) STAIOAFDS NoD 1l£ Cl1Y OF RfNTON STRfET STNoDARDS. AU. ROAOWAY 8eCT/CNS ARE IU.US71'oA TI\I£ EXHIBIT 10A k ff ~Er(;!~s '" 6_ Slr_ sare 800 Sss/tl .. ~ 98J3/ I2tJ61 3BINI6OO FIJ( I2tJ61 382-<1500 tJ t.O\oEM3ER 2003 .... _,. TYPICAL SECTION 2: PARK AVENUE SOUTH FROM NORTH 8TH 8TREIT TO NORTH 8TH 8TREiT " LANE8 OF TRAI'J'IC WITH A MEDfANITURNlNG LANE (' d ~-I-~ ''':og,.-4-'';' I ~I)!) j r,.I5' Y SCAlE r.ur PARTIAL BUILDOUT (SAME AS FULL BUILDOUT) l!Km! SECTIONS APE. DRAWN IN"~ WI1!i 1Hi KI'IG C(J(.NTY FIONJ ST..w:wIlS NO 71E CITY OF IlENTCN sn&T STAIOW1S. ALL ~WAY SECTIONS N'fI! 1I.WSl1iA7'I'Ie IJ '. t .. ,--, EXHIBIT 108 _' ..... CQ>suJt~ e.o-s rn Stew.! SIIeet. _ 800 See#1& ~ 9SKJ1 l2Il8I ~ Fax I1'Om ~ I) I\OIIEAa!R SItJOS ,~ ~' TYPICAL SECTION 3: LOGAN AVENUE NORTH 2 LANES OF TRAFFIC WITH A TURNING lANE '..(~' I .:.\.~~,l , ","l-V, ~"" -~~ " ... '" '::;:;.toU. ~~. • ~~.. ' , -.... ,J:, ~ .• '. ':~ EXHIBIT 10C I II i • r_,-_~",'" -=,""0=,,, _.:-_-_ =._ ~ .::-:::-.::-.:.!-:j WM; t..'="'='·~HfiFfF5"§:!!!rL 55!~~~ PARTIAL BUILDOUT TO SUPPORT SUBDISTRICT 1A t r 1,6' Y' SCALE I -lQ t:mE! SSCnr:NS ARE ~I'IN IN />IXORONICE W/lH lI-E KN3 COI.MY /!OIlD STAICAROS AID lI-E CITY OF Ff!NTON STFf!ET STAMIARlS. ALl ROAOWAY 8ECT1ONS.4J'E IU.USTRATM ' .. __ ConsuIIlnQ Slg"-S OI~ __ eco s.l1Ite. _~I 9601 t2/l6J 382-0600 Fax Il!OS S82-05OO o NO\IEI>SER alO9 ,-~. TYPICAL SECTION 5: NORTH 8TH STREET 2 LANES OF TRAFFIC WITH A MEOIANITURNING LANE t f '... l' SCAlE ,--te" .!Qm .~\.~~:"-y. ~~. v;'il. ~::t\ ~ \ . n J : I L ~.= -= -;.&~ ~2 ". tI IIII/INIIIII • 'u: .."g ..... ~ .. -... - ,~, .~"'T"""'" ~ ..... -.a..C:-'-----..J 1-----------'''-...... '------------1 PARTIAL BUILDOUT TO SUPPORT SUBDISTRICT 1B SECTICNS ARE CRAMi rH ~ Wl'IH »E KH3 COtHI'Y IiOIoC STNDMOS NoD 1H; CITY OF rw!NTOH STREET ST~ ALL FlOt'DWAY SECTJONS APE Illlm'MTlI£ ? L \";"." •• ~ EXHIBIT 100 ConouU~~ ~ 81_ BneI. &lite BOO Seam& ~ 981:)1 <a:I6I 3BM6OO F8Jt!l!06l 382-05C\7 10 NCM:AeI!R 2003 r','· l"~ \;~ , -.. ,. JYPICAl SECTION 7: NORTH 10TH STREET 2 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE " I' t! 1\ • ~-~~ e .... ----' T-==-~-::.... _ - EXHIBIT 10E ~I -L_~".:,. .. ,_l-.,.....!-.,....\ 1IJIIIiMMC1.NC: •• -•• ~ lU -w-....::;~ ~;..-=r~.~------l 1-----________ '" -.tOf_" PARTIAL BUILDOUT TO SUPPORT SUBDISTRICT 1A t t' 'i' jZ' SCALE '-.'5" tl2IIi! SECTICNt IJ'IE CflAWN IN ACCOFDIWCE WIlli 1!oE I<N3 C(1J:(rY ROAD $TAfCAFiDS NO TI£ CITY CF FfiNT'OIoI $7I'iEET STAI(Wl()8 ALL ROADWAY SECTIONS AAE II.WSrRATIVE COr\suit~ fnc-. 01_ $/teet &.118 8CO s.arv" __ , 1181)1 C!C6) 382-0600 F8JI. 12)6) 382-D5OO 10 1Ove.eeR ~ BOEING LAKESHORE LANDING BINDING SITE PLAN NE 1/4 & SE 1/4 SEC. 7. T 2JN., R.5E., W.M. & NW j/4 & S.w 114 SEC. 8, T.23N., R.5E., W.M. CITY OF RENTQN; KING COUNTY, WASHINGTON DFDtCA mws; ICNOIf m P£Ilf'I.£ fir lH£S£ PflCSENI5 TIIAT lIE. lII£ I/OO£J!SIGHfD olMllEl'iS 01' IH7O!EST W ~ me lAH[.I _ ~ oa HfI/fB'r WI4 A ~ Sll'E P!.P/ ~~T m CHAi'J[If " .54.11 !tC;II', NiD I1fa..',R£ /HE fJIHPHG srrr F'UIH ro 8£ A GRAPI/IC RD'R(SDITAl1llN Of" SN¥". IN} mo.r SAID 8/HIlf1«; sm: PlAtO IS I!IADC 11111'1 FIlff CONStHT 1oNO IN .4C(X)ROANCE IIITH mc'.. DOI'IIE OF' n;£ O!IH;RS: ~_ -, IN WlTNE5S WH£REOF WE SET OUR HANDS AND $[ALS: DAn:: lot. --STAn: OF ~SI/I1'ICJON ) )~ C'OlINTY OF KIHG ) -,',:;: ; .. .. : ..... , ... ";'~ " -'. \ "" .. ..... , .... ,- ':"":'APFBnYAl S; -", ADMINis~A TOR OF PLANNING / BUILDING"7 "PIJBlIC WORKS } ":~\:XAAl4lro ~ APPIlQ\I£D pfJI 1Ir;t\' .54.17.180 (g:~'" ·::to ... _ ~~~:i;t".,. 0($,';' ,,«r ,cC' Niluk1tt !jn G"\j Z"'_ ''C"c, 'c ,', .. ~AT(III. CJTYOF'FlfJ(f(W ~: );.'e.,_. \: ";"::' . .. :'; \ -'- --'" . KING COUNTY D~ARTMfNT OF-'ASSESSI.irufS/ ~ --~~ -'222NL ~,-' .. ~k .. :' 5mB Noble :".:-·:;:···::~k;"1!i KJHG COUHTT ASS£SSOfi';' -D9'IJTY KWG ~h' ~SSOI1 ACCOlIHT MI,IIBElt QfP;:z,Q§'4?~r024j~.s,:t7?,~ '1or'1)Q031/ f}O<f $Q!52. -. ", ".; . . ~. ";"',. "\:0HO F~'~D AT TH£ R£OI!CS'T OF rn£ CITY OF R[~TDN. ""5 ~ O~T (J> ~ iCfaj AT ~ W'UI£S p~sr,au"", 4N1J RfC(lRO£O I~ VOtUAl! ~ OF ptAIS', "Aa£5"~~';" 11 (. RfCOl'VS OF !(/~(; COONTY. M'ASI1IH~IOH .;- DIVISION OF RECORDS AND ELEcnONS I.' # ".~""',="'--------sv~Mttti ~M' e eOEING REALTY COMPANY CITY OF RENTON LAKESIIORE LANDING BINDING SITE PLAN N/A J1956 JJ956-SURV-BSPOI.DWG ------' BOEING LAKESHORE LANDING C.fNfRA( PRQ,£CT QFSCR!PRQI.,. -,-.ll5O UOHl£ \ilUA PARIIWAY B01IiCU. II'A I/8OJ2I PUOfE; (42:;) 9~!-48IJO !<[AV't iNlWSlRrAL (11-1) H08fZONTAt OA ruM' ~~ SHClIIHlI'E'l'IE '-'S'rm~fUJ. 2000!. PRIII.'J!Y~~TrrQlJll'l.lDlr_ll'!DIBI.£ ;'!7Q) QPS, »1D tnCA roTA/. STAJI(W$ HAl'[" B£m COIIP.tI!fD ID JIHD AD.lISfED AGldNST A 5W!\,£Y CAU9IIAlOl 8.tSru1E" 1117JWI' '/IfC LAST l'£AA. cr:Jt/FIXIIIIS TO , WAC ~-IJO-IPQ WAC J.J2-!.Jc1-ISU CITY {)f' RrnTtlN S!!R\fY CQNmot ' ll£S m em' OF ~1tW .'JW/\€'Y ClWlI!OC N£7MWK IIOMlI>4£Nrs: SEt SHC£T :J OF 4 PURSUJoIolT TO DI£ l£ROIS OF II/l: on£t~r AQI1£ENOIT :.: ("D£Io£U)PM€HT AG/I~n IMtm Da:ofB(R 1. 2OII.l 8f.T¥lfftj" 1Hf: eHY AND IIC€JM;, tHE I!IGIiT-OF-WAY fOIl lDIH S1J!CET ~. S«U 11( DfDI'CA rm II r m£ 1M«: I1<XJNC SU!.S I'Hr LANCJ ON : IItIICIf TIl[ R!GI1T_07_IfAY, OR ~r 1H!N£Of", IS LOCH£D;; Ii()~ ANY sc~n OF 10IW Sffl£E.T Loc.<I= 8£JltUN ~ LDGNI IlIJ() CN/f)ffl A\£NtI£'S" "AY 8[ fIf.ol.lGl«ll fOCLIIIIING " =~ ~T ~~~rrro :~=(~ ~~~8UTIWG:' SVCIl RJGI(T_Of"_WAY S£'GUOIT, -,". 2. IJPCH CONSIliUCII(W OF THC foIOI fN1E1iscr:~ or PIoJII( AtID lOGAH A';£MJES; PIJRSl!JWT TO me DE\£LtRIDIT ~r. JHE arr sw.u. VACAl[" mE: LANlI ON lItKH lIfE: OLD.: :-... :' .. IiI'fIlSEC1J(W Of PARI< NID LCiGAN AlofHlIfS 11',(5 L(jCAJID. AI'''' NO 0051 m 8O£/IoIG OR J}oIE OIlMJl OF LOT 2 AND 8VCI1 V~1UI LM'O S'fALL fI£CONt A PART OF LOT 2. • J. flllLO_ V£tIIC..' 7IOH NJr) UPON Rrollf$T, ll<E an SH"I.l. Gl'IAAlT EASOI£NlS CfI UCENS£ .4GR£[IIf)lT, ';T HO l;O:ST ~ :~~~:~Y~=~~~~J[Nf'"·":'. IIoIm PU8UC SIRffT USE f'£NDtHG ~T no;:., '.' COHS1I!tICfIOO ~ I«IAOS CO!fl£I/PLA TED ElY 'B'I£ DOn~T AGRalf£NT. .... ~ HO ~TY ct:JIm[Ji;S IIIU. B£ PLACED AS PNiT OF IliIS ~~ M 7(l F1JlVllf C(WS7RUC1!OfI· •. :5. orr-Of" R(NTON MOlt/ANa: =7, UND£/j'".:~.CQ(IN;;:""'" ~~c!-9~~~~CV~&3~:~:'" =:,~=~I~!~$.;=NT P/1RK AI£NVf IN C<»<NECIIOH IIflH TIl( r~ A'«N\J£ ';', VAc.tllllH," P£lII&I£liOItoICOI/POR';/mIHSA'lP.OROJNANOC ';+'., I~ roor SmtP Of" lAND "lONG PARI( "\'£N\J£ us ~~Tl="ItII»I(~"~Y~75 A~r III\mlC MCN FIIVl.UD &~ .. THE lIIWUN«lor,PARK A\£WC LEII ro THE: P£-RCGOfItl/HG Of".~ 1946 AGlI£EII(1IIJ; lINOER I<ING (;()/.INTY ~!:lXJfflJm<; 1ItJ1ISER t9!l.10$1111.f22 fOR ;" . 11<£ 1"VIIFOS£S OF" DffJfCATIMJ""t!f!! J.8U7m1C·"P~1I1< AVf"t1U£ :. "".:' ~~';J.F~S,;'~'Rt~~~~ '~"" fl7/j$ I/iCWPLiTE OR OTH£RNst ctWriisro 'O./(I/JG IoIU.lJPI.f ~ RUrll£IIC£S ro Sll>/llA.IIL Y)MM£D [)<HI9J'T$·8UT 1/j£ IllTENT IS snu CLfJ./l THAT lIIr LA~ DDIJC'.ncw·Ot::.5 FITT IN jgg7 r::?,kfJlJT sur ~ F~CT LWII~ THE OI!L.\ 12 fEef ~,fASDlEH7S OF" /!£COI!I)-:'~T SHQWH';' :':'.:: .:.' LO~ ' ..... J k 4 Of" ccrr (II: II£H~:~OR;"';':';~'Na ~~Io;~~ ~'~a tIND(R ~.CORDlHC NO. SlnJAIE" ~ ~ orr ~ IID/TO/t CQUIITY OF ~JNG, STATE o.~ II'AS/!I!'It;T(\'; •• ; '1; ::. .:'~ ': -, lHOst·j;<iR{ICNS dt: OO~'H i.o~ I, .<' :i.ND :s AHO THe SDUFI£AST Q/U1I1I."1I ao;:'lh'£ NORIH\If;ST 0WJi1E"R Of" SCC110H II. TlIIIIG'IIP 2:J _IN. II~ ~ (AST, W.!./,,·.LlWG II(S1£R(.Y.<NO =MJrr:;;~ ~~~~.~~~. ~:tisrc::. :~~Cf'"WAY ..... Y"~ OF 1lI£ N6kJI.i R£H1'o/f-!r<;rRCHAIOCf: (SR o(IS). \O£S/fI1LY" Of. A UHf »rAT 1IYffi1S£CT5 lOIlII SAID 1/OR1H~SIERt y RIGNT OF ~"".II_ Of" 7H£.~TU ROITON ""~. S.lIO .. (IN£ IIlIHG /"J£SOl1fl£D AS B£GII9iooWG AT STAl\CPt 6+S0 ON mr "A~tN£" Of" Il!( NOJfrn 1If.hlTI)N II-//ffiCHJlHGC. $I! <os. AS SIIOIIN . OO::lIffT 2 OF" !> of"PSH I (SR .w~) IWIIIl! IIDITON ~~ WA5f!ING'ft>N STAff WAIIMNT Of" IllANSP[)A'rAIION IIIG><T· DF ~y PW. ~"'V fNDING :':. I'IOIl"IHlI£s'tEI!t Y. Pf~"'NCIC1it~ .TO S~'Il STAlJ(W. ~r A I'QINf ';'.'-'H IHE: SOlII'II'E,4S1ER\"Y !./~f!l;IiJ·OF 1M I~ roor .. "", ",~C1< .... '::..... '..... ":, . '.: :0:. itJ~.-~:~:~i=U':78.$P":: '~D-J5--00jJ DfSiGr.¢iJ 2'1:"'., __ ~~_ O.'lA\\oN ey· .~~tCICCM LAS' [011 -~~- '~A1f I BY ~ \If: .; ._. CH[C;';['; 8 Y' ~ t-PFRO'IE[l ~y.~ PLQTDAli ~ REV:SIO/"I ! C!('rMFP,~ -i---: ··f. SINDING SITE PLAN NE 1/4& SE 114 SEC. 7. T.23N., R.5E_. W.M. & NW 114 & S. W. 114 SEC 8. T.23N., R.5E., W.M. CITY OF RENTqHi,/(/NG COUNTY, WASHINGTON ... :.: .. : ...... :. .: ...... :;: .. . tiJNott!G SJ7t"'",:4tl AW':h f)IJ$mt/~ FT. .: :.£1151 OF PltJiK~YE "- MEii·w PARK A~"N:'" >', . ;".~. ~ "''' ~1.87 ~" .', ~ lro~'~!,,-..2...,c-~L'~OO~1;61O~L~~-.l • ~'7RJCT '";/" .. AA£A .' 80EING REAL TY COMPNI'f CITY OF RENTON :.: PROP05f.o, ARb.'5· EAST: tOT 2· ...... \ :... LOT:S0 '.~ 591,1$12 _ . {Ur. TOrAl..:: 511-11" '""\ "IHCL'Vk;;:;"o\CAMN:-'mAC~ H '" /I "~I~,~m~'- 'l1R.<cr H Iril~K ·fflACr·;}~ .. YAG: TR.il:r /OrAL: ~ TRAcr 0 ,nJb:T' • ;;mACr l.::;~'" IRACT C IllACT P IllACf Q oro. TRACT mTA(..· eJasr. PA , H.m ~n. ~-~ ,..m 1,11I~1H1 21J.2n 2.~J1g 1-42.870 11 011 722" 2un 112.1~ II 1121 IRACr l{ r/ICT A PIIRTj T 246 DHM. ·s' '" VICINITY MAP LAKESHORE LANOING BINDING SITE PLAN RENW",. K'NG SCALC JI956 JI956-SUfN-BSP01.0WV ~ '.# 1J,.57 "m ~ ." .~ om ~ uv • .~ 11.1' '" .~~ .R HUll 27.-" •• ~7.51 J.2' '" ,. f).S7 1,~7 lo.f~ .; . SCALE ? 'j 2j ~ (FEET ) J INa-! .. 200 .-r -e- I BOEING LAKESHORE LANDING '00 I CITY OF DETAILB @> IU6U'2.!l"ll:.5.rxt ® ::W~ l .. _...511' LOT5 l.J96,012 s", fl. 27.-«> (lCt"(!s BINDINfl SITE PLAN NE 1/4 & S£ 114 SEC. 7, T.23N., R.5E., W.M. & NW 114 8. S IV 114 SEC. 8, T.23N., R.5E., W.M. ." KINa COUNTY, WASHINGTON .... j ..... i i NOR!!-I 8TH I TRACT Q seA ~"C.[I ,.) I';)J'..,V!'~G P,L[ NMA[: • _200 JI956 jJ956-SURY-BsP(ll0we ~ -80EING REALTY COMPANY CITY OF RENTON LAKESHORE LANDING BINDING SITE PLAN REN 01-0 ,(r~~ WASHINGTON TRACT P 1,. OEING LAKESHORE LANDING 8INDING SITE PUN ~~, :.::':-" N~ "4 &. Sf: 114 SEC. 7, T.23/OJ., R.SE., W.M. NOT A & NW 114 & S.W. 114 SEC. 8, T.2JN., R.5E., W.M. CITY OF RENTON. KING COUNTY, WASHINaTON i SCALE o 100 200 4(10 I !! I ---(FEET) , INCH .. 200 rr I F SEE DETAIL SEE DETAIL BOEING REAL TV COMPANY CITY OF RENTON LAKESHORE LANDING BINDING SITE PLAN 1 "'ROJrCT 1';0 II-"; .... ~ b-lf)'(1(fSJ" (_.afl' R_&V"'~' a-:l7':ZY4" ,-=.2-,' ,_$ oI-<)f't1~. 1.-... '" ~-e2T.$IIiI· o)-()4,Y"r (_""-24' i ....... ;". J\V~~~ Recorded Return To: .' ,,'. Ge.rald.Bresslour .i offi~e O'fthe General Counsel , " / ih.lB~ing(;Pmpany ',/p .0. BOll 3701; MC 13-08 \'" .,' i Seatti~, WashlngtPn'9S~24 ~ , .... ' .:"'.' " . .:: .",' .:' ,/ .. :>"'':.'/' . . "" ,." IJIIIIIIIIIII11,· 20041228001871 ~~~~le?"~I~1~ ~S 33,00 12/28/2084 14'09 KING COUNTY, LuI f "._:' DOCUMENT.JITL:B:Dedarati~n of CovepaqJs;Conditions, Easements and Restrictions REFERENCE NuMB~ qF RELAt;EP POQUMENTS: GRANTORIBORRNEE/BENEO.:j ThFIe.CB~tg CoNmpan r ......... t ..... , GRANTEFJASSIG . . 1M Y:· fA' .'. ... . LEGAL DESCRIPTION: 03ur~'nedProp<;rty)LgJ~ 1-4, BoelhgLakeshore Landing, BSP 200412i3QQ0856, a~1rJ6re folly4es~rib¢dinExhibit A beginning on page 12 of this Declftration .'. f·"·· .. / /. /' . A legal des~ription9f~e bel]ifitt)d PfOP~rty~gins ol1ipll:ge 13 of , . .i " ...•••. ,.. this Declaration':,. ...). .i' . / """".,.",,/''''''''''' \'.. .. i·/ ASSES$OR'S pAgCEL NO(S), 082305-9220~{).5.082305-9221.,.Q4j.O~2:ro5-!l01.r~08; 082305- 9222-(}3; 08~05-9079-07; 082305-9204-05; 082305-9!J37~P8;l)823QS79152-b7,/ .i ." .' .. ,' Renton Lakeshore Landing CCRs (Closing) 20041226 @ ;"I~:r'rq'~7i; -":;:/"::, " 1ST AM-S ," . . paQ~ 1 ,if 15. DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND ":: '" RESTRICTIONS :/' .:' .:~>"""'" ::. ./ ." '~~" .• ,/~. :' ::' --. ""."., ... ~ .... '. c:' nnS/D~TION OF COVENANTS, CONDmONS, EASEMENTS, AND ;:RE$TR~bNS (hereifu.Uter ~rerrep to as the "Declaration") is made, granted, declared, ';:,~s~bli~hecj~ r~ tliis,;28th ~!<bfDecember, 2004. -."." ;;" .::' .~:' :.':' )' /.l <::; .l'····· .. , .. ,'}. ·):V~S/ThS{Bqeing q.q,mpan~r.,!-pet~ware corporation (hereinafter referred to as "Declarant"),i.s theow¢r ¢ ce!t"aiitreal I>fl?p~y ¥:gally described on Exhibit A attached hereto and made a pllr(he~ (tile "P!'bpeity"); IlI)iI /0" •. ··''· ,,:,,~ .. , ./" .// }.: ./ ....... ,,::' ~:/ .::;:: WHEREAS, th4. D¢larant al~ qWnsfsu~tan~al prope!'1Y)n the general area of the Property, described in EXhibit B .. tthe,!'Rc;rltined property"), whic\i' ispffected by operations at the Property; and':,/{ /:' /"':'/ ./ ..... \.. }./,,,,::::,:,/ WHEREAS, the Declarant willh#s ~ i!'isure tIltit . .the,ilse .. ~f .. !/le Property does not adversely ~ the use of the Retained Property 'and,permj~ the o1.ner o(~ Retai~d,Property to use an4,enjoy,.~:~ Retained Property. ·.: ..... ", ....... ,,:;: .. ji .:' .. :' i" .... :':~.::.~:::} :1 /i /i NOW;',,:mEREFORE; in consideration of th~:J,e!1efitS tg .. be;, detiveq' heteunder, the Declaf.int h¢'reby ~es, grants, declares and establishes this ~lal-.fl:!i-ob: )' /i/ /" ... . .-.~~ .~ :'" .' 1. ii' ""::bEF,iNmONS AND PURPOSE. ': ... " ...... / :/".t· . . ,' .: .. ~'~ .... "... ":..".:: .' .' ;'. ..." ./'.t' ..... . .:! :: .... ru, .. ····· I!rOWcI. As uS!:d herein, the term "Project" shall mean t1\e.:~velopment of the "" Propen,;f;¢e ~tW.ned:l'roperty or any part thereof, the redevelopment of the Property, ··:,·tbe.: __ Rlitailied ..:E'ropertY; o,··wfY':parI thereof, or the use of the Property, the Retained Property':pr al!ypart f1i~of.\. b. In~nt,i;;~!li·'?~~i'."!:. .. j: C. Road and Sfreet'Designati~n!!( ~s;:~1I49ns of roads and streets in this Declaration shall be doemect t6 apply/to the streetS ~ferred to herein as designated and laid out on the date here"6f;'pfoviiled ~hatfuis.b~lani~6~Sball continue to apply to said streets and roads if called by a differeJ'it·nam.e lit any·ti!De h"j.!he..future andlor if aligned differently in the future from theirl!iig~fileJlfoll:·th~datti.hereof.::. ".' .' " .: ' ."--~, .' d. Improvements shall mean and Mer,;:'to ~ s~s,;' imp~veIDeirts,. equipment, fixtures, objects used for decorative or incidentaljlllrpPSIlIf; an.a cQii~!ruction ohny kind on any Lot whether above or below the land surf~, ~therpelmane;.;t· orlteri]porary, including without limitation, Buildings, utility lin~i;; d¥'ve",'ai, pa~' Paikiil.g~as;: pathways, fences, screening walls, retaining walls, plan~; pIan~ . .Jrees' tihd :~~bs,·. Renton Lakeshore Landing CCRs (Closing) 20041226 Page 2 of 15 , .. ' irrigation and drainage pipes and fixtures, catch basins or other devices for the collection .,. '. and/or detention of stonnwater runoff, lighting fixtures and signs. /: !: ;' ":", /. ie, .1# ••...... , .. Occupant shall mean and refer to, collectively, the Owner and any other Person or ". /':' .. rersori$ entitled, by ownership, leasehold interest or other legal relationship, to the right to '\.. . ... /.: ;,:' oiicupiall.9.r.a.fl~ portion of the Property . ..•. t, .,,'" 2. rei' /bWIJet.ShalJ ~";;;;'d'feter to the Person or Persons holding record fee title to the J'Pr<JPt#tY C\riclullinlt, ¥ a:ppl~eallle, ,Pecllll'ant, but excluding any Person holding such interest / merely Ij8 ~urit.Y ifpr the)~ot1Ilal)C~,?f an obligation), and their respective heirs, . ·'siicOOlsoi'!! .. !Uid a~igqS. .' i /. f""';:' "? \::. .. ,i_c':' ,/" :/ •.•. :;:.: { ::.,} ';"::::"'/ g. 'fm2!i shl\ll mean and refed({~nyindividual, partnership, corporatiort, trust, estate or other legal en,tY. .j' " /.J/' . ..---.... ".... ."-., h. Lot shall ci~ ~ ref~ tqimy,jegallot intriwhich~e;t.operty or any part of it has on the date hereof or shalihe~af\ir b(jdiYide4:"\, '. i'," -I' • .•.•. :,::;. / " -:' ~ ',,. .... ":", ~::. ! " .. ( ~~ TERM. .: .... :,:-.:.. .~.~. .. -':'.::. ,::' / .::,;:,~,.~ ""'.,,. .~:, --/ ,( .i' The restrictions declared, reservep, granted an,!" estabh'~e(theil:by shalf continue in full foree and e~t for as long as any portiori'oftlle ~ftairieq.l'i~peitfis o,wn¢, g6cupied, or used by'(a) /l~e B~eing Company, or (b) any direcf··or./ind,ireQt'sUpsidiary/of/fhe Boeing Comp/ihy, of: (c):any:i;orporation, business, or other entity ihat Is cdntr6iled.:by .. 0r Ulider common contJ;~l with TI]e B~ing Company or (d) any corporate, busin~ ... 9I.,ot¥r,enti~Y that supplies Thlj/'Boeitig G.6mpa.Dy g,qmy entity identified in clause (b) or (c)'.\yi!J1 goo~ or services in support,pf t\le avj.Jitjmi' indusb)', including the business of designing,p«l~u9ing, maintaining, rep;tiring";'or mO,difjing ,ai!t:rat; or spacecraft. This Declaration may be termiiJated or modified onl)i~!th the ~n~t 9f'TIie BpeingJ~~mpany or the parties referred to in clauses (b), (c), or (d) if they i!te·t!uj"ow(jer or o,*up!!otdf the Retained Property. " ,: .' ,"-" 3. COVENANT~,-6oNb.ITIO~Sj;AND RESTRICTIONS . ':'" .,.... .:.' .. ,'.... ';", The Declarant hereby~~venants~!)t.. the Proptity Wiil':be .used by Declarant and by all of its successors in title to the Prope!1y,anclbyall oCcup~nts:"of:iiie'?roperty in compliance with and subject to the following:",. .. . .' ." .' .,0'./ ". 3,1. Permitted Purposes; Prohibition.of Ceftai~ Ui~~>The ~~peity shall be used solely for purposes pennitted by theUeVelopment Agr~ellffor Renton Plant Development dated November 24, 2003 (ilsitfuayibe ariJeqdedJrol1l tjn'ie"totilne, the "Development Agreement"), recorded in the reeqids of King ¢ou"ty;'Wasl1ington under recording no. 20031210001637, unless otherwise ag~edin writillghy thi.PecIli'ragi:The Declarant may prohibit any other use, even if such use' is pePnit~d un~er;.9r wJ;I!Jd b¢.;"· .... allowed as a nonconforming use under, the City of Renton Zo.(lfngCoiie or huid,iIse .. regulations as in effect on the date of this Declaration or as they may m;'iIll'iCl/lded "I' any Renton lakeshore landing CCRs (Closing) 20041226 Page 3 of 15 ., -:":" ,-; ',. /" .... .. ' ." time hereafter. PROVIDED that the Declarant shall not objoct to any first-class .,"" institutional quality mixed use develop!nent project comprised of residential. retail. / :.," ·"Office. hotel. and/or commercial uses. :;'~: ;: " .~"'-' :~ :'\. ,/' ,l'i .:::' .~~,.." "'::: ,. ..'. .:' .. ' Witho~ limiting the generality of the foregoing, under no circumstances shall the .'\"',,, •. ,,., .......... ,,,.,./ . :" Pioperty hl:.~ in any way for or in connection with (a) the sale. distribution, or display "-.:,' of PQm~hic;·obscene,.or SG:called "adult" literature, periodicals, movies, videos, '." Pic~. phpt(lEC8Phs",~tthe lille PROVIDED HOWEVER that nothing herein shall ·' .. ,,,/'-pro.bi:l\it ~.~ .~ucif ¥'-Bor~; B~4i Noble, Blockbuster, or Walgreens who may sell <. o!,'di~tril:!4te p'ne gre'wore of~~~ pro4iiqts!ls an ancillary part of its primary business; '(b) the p~ntatjOn ,9f s~d "a~t)',~n~nment (c) the operation of a strip club, gentlril1,1en's c{ub, of an ,¢stab!.ishmegt J?,iO\!iding entertainment in the form of table or lap dancing'Oit{-d) thC;:'SaJe/distrjbuti91,1i'rft di3play of drug paraphernalia. The Property shall be kept and mai!iiain¢d in ;tfirs,fCl¥s 1l)fuJner,.,." Withoutl~~ng,~~ ~~~ty;:b~,th~·~~;~iJg. thii;~;~wing uses are expressly prohibited on the··P.t,pper!y, :",:,"', .. " \. i/""" .. . . •.. , ... ': . " " :,:;;.-.:: .:' (1) h~~i\;ii.Js{ ( ., .. ,..-,.:" .,./"'" ... "'''''''' 1".& .:,,,.;~.:~ .: f ':. " .'.:".":' ':':'" "/" ,r .,' .' .::. :~"-.,' ,:" .:~ .': •. '!."',' •••.. "',., .~, ': .,' ."'.-, (2) schoolS, eX¢ePt.Jbat pj')st-~~dary:v.ocilti~al"tfadi. .. f,profqsional, and tochnica1 educational ins*utj~lIl!;ilhal!J;lC,allo~ ,/ .i ./." .., ". :'. ':,./ ~ ;.1 ;: .:.: ~: ~;' .t, 1::' (3) residential uses and pre-seCondiirY-~h~ld~y~~ facilities ,i .-/ .~ ,,#:>hibited entirely on Lot 1; residential uses ai'e--prqhlbtteg:'on !he ground .... / . "level'or,.be}ow ground level on Lots 2, 3, and 4 of the Pl'ope!lY PROVIDED ,/ 0:",,, .•• ..-: TI,JA.T' develo~D,tent of residential units at grade level will b6.P.Cforitted if the "'. 9Wi\er 1jB€{(90n$tmction methods that will prevent any indoor mr migration of >"",,:,. . ..i'fnateri\ds tbilt may ~~Iy affoct human health (such methods to include, by .... ,." wiy ot eX;ful!# bilt not liinltation, installation of adequate vapor barrier and pa$.ive'of acliYi veg.ti1ii,tion \'sys~s) . • '-",." .•. , .. /; (~) m~~;~{lll~S;,/ ;'" ".",(;;~l~c~uris w,lihOli~i~(s prior written approval; ,.~ •. ,,,,, .. ,,, .' ~. '.:" ;. .' . ,~,.". .,~ (6) distiHatio~6(bo~~ ':. .... .' .' ............. ,.'> " .' (7) junk or salVIlg~}'llids,o~ dqfupirig;·!lis~l,iDcilleration or reduction of garbage, sewage offal, Ctea4llI\llnaIs"or .¢fu~; /,/ "": . . '~: :' ./ " :~ .' .. --' . . (8) rendering of fat or animiii· .. li~ue$~ -,,:' i .'.' :-.:': ::' ... :;:..... / (9) stockyard or slaughter of 1lIlimldS;' Renton Lakeshore landing CCRs (Closing) 20041226 Page 4 of 15 .: .- ;, .. " .. '.~.~~. .' .;'!-~,,/ . .. / .; .. "', . . { { :;. ,,' -':. (10) refining of petroleum or its products; (I 1) smelting of ores; (12) raising or boarding of animals, except for animals kept within fa B.ui1di1)g and necessary for onsite laboratory or research purposes, except for :.' .retailers sil~h as P~ or Peteo that may board animals as an ancillary part of ," .fthei~·bl;lsinesses;/· ./ " .,' :.: .. i"'· f"';/ ,; ,'" / {;, d~i~t~1 or,i;I}oIllSale by any automobile, truck, camper or mobile h,om(};de~i>s hayiilgoutslde storage and inventory; ...... , .. ,", .... ,,// ,...:/ (l~j ope!Y~rb~S';dock truck terminals without Declarant's prior written llPProYhl;.' /' ' " '_., " ;1 ."~'"'''''''''' }' "\. '" /(15i~Yoth,erl.ise tpa,t isfiazan:l~'fo any 1.ot(8) on the Property or the Retained ~.tr cOn\iguou~ pi'Qpeiiies"bYreason of fumes, dust, noise, electromagnetic or nucl~ rMi!itiolJ; thernllifpgllutipn, I!!IWd or solid waste .'"'., pollution, or particular dliri~er of fire.or:.~xplo#on;//···"·'·",. '/"" ':::::" -:... \. .;: ::' "~~:;, .. , ...... :::.. -;~. ./) 3:2;. Design Standards. In c~rinel;.tieh with lhe illitiJde;elo~m~At aid construction ~f any'!mprovements on the Property or th~'·coIiStnictiOll-.of any ma\iiriafitIterations, renov;rtions..:i;r~dditiJl1ls to any Improvements on the Property, ~r aily }Jlilterl.hl ~ey~lopment of the I'JOpettY, Bdyer i,\ovenants that (i) Buyer shall utilize the selyices'of a 46lyli~sed arcJ#tec~1 firm eWerienced in the design of retail shopping centers)imrini-Xed1ise de.~elop.fuenl!i and,(ii)ctliiinh~ exterior elevations and design of all buildingJmpfovements and e;i{teriorsigtiage,Jlgliting, land~caping and screening will provide for a lev&I.:9f"materials, quality allihll'pearanCl'rC!rinpa,.r:ib!¢ tobther high quality retail shopping centerl mixe<l-use projects, takinginto.acfouht tbe in¢orporati{)ifof.tenants' or operators' prototypical architectural design features. .' '." .' . " ....... -",-",". ) .! .. -", ,.' 3,3. Deblarant tl~ Reid Hiirmfess'froln Construction Costs, Mitigation Costs, etc, in Connection willi'Dev.'elonment of the PrgpertY:"The owner or owners of all or any portion of the Property sliiiIJ're~ethebwner olowners of all or any portion of the Retained Property froril.4J!d sbliIl indemnify and h91d hllrn:lless the owner or owners of all or any portion of the RetiUne'd Pr!Jperty from ~hdIigaiitst an~ and all construction costs, fees, or charges associated with lite de"eJoprrientor~velopmetlt of all or any portion of the Property, whether such obligation taJ,;es the form bf cQ.!)strucijon of public or private improvements, the payment oftnitigati0n6r imt>actfees odhe.paYll?ent of assessments levied by any improvement distric;t form¢<! \(;din,/irict:.:tbe' constiU~tion of any such improvements. The owner or owners of ali or ;my p"ortjbn ()(the ~eIllinea Property shall release the owner or owners of all or any portibn.of th.e Pr6~rty.,li:om and sfiali;.' indemnify and hold harmless the owner or owners of ail of any POlti9'n 6ftheiPtOperty from and against any and all construction costs, fees, or charges ~ssoCiate(\Witli thll'" development or redevelopment of all or any portion of the Retain~Prop~ity,\vhethei Renton Lakeshore Landing CCRs (Closing) 20041226 Page 5 of 15 ...•. , .•. ------_ .• -._---" ... , . ·:' . . ,. ."' .. ,;: ':'~., , ", .l ,,' such obligation takes the fann of construction of public or private improvements, the .. ,f . payment of mitigation or impact fees or the payment of assessments levied by any ./ ./·'itpprovement district fanned to finance the construction of any such improvements. i, \ /' '.-./' i;'" ... i:~:··"· \Use of Groundwater. No Owner, occupant, tenant, or other person on the \'" ".,",.,/ ".-" ,/ PiPpe~y s!J-all.J>f.ithdraw or use groundwater on or under the Property for any purpose ""~.-/'.i Qther.,th;m environmental ,testing. monitoring or remediation. f / ./ ./ ./' ....... >;~--"~'. ..»..,/' ! "<;" /:3.5{.i CQverui'ntNot;tO Ol!jet1: to An¥.Development on or Use of the Retained Property. (T~b ~wn~ ofllie,Pr6perty s)~iot obj~q~ an~ governmental. agency with respect to 'MY '~empted ¥>ev!'lloP91~f' on ~hir,llnY,;1Jortion of the Retamed Property, except to the eilllnt thatli) ~iich jl'eve1gp!DCrij f,\l.dev.elopment, proposal, plan or agreement would requirethe..pIt~t btsaid,i>wn~b(,lIiit!gation costs in connection therewith or (2) such development, ~vet6pmeri.t, Pfi'>pqliill,plan ~ragreement W~d contravene items 3.1(4) through (15) or(3l.~h ejevel9i>m¢Dt, ~"el~t, pro!osiH, plan or agreement provides for low incom~it>r sl,lbsi~ze9' ~pusing..,or (4.) sucthl~elopment, redevelopment, proposal, plan or a~~tollfrav~~ th~,ne~elopm~h~~greement as it may be amended from time to time: "&ii.elllPte<l ~'velop~~rIIlc;Ans ~!J,y,development or redeYflopm~t on, or prop~, pllfn, Of a~ent f91' ant IJo/iionoHl.,Je Re~ . Propettythat IS owned, OCCUPled, or u~d by (a)}'hy Boemg-€.9,~y;;,or (bJ an,Y direct odndireCt'~J.lbsidiary of The Boeing Co.y/orJc) l!iiy ~t;Wn, ~usi.J'iesll-i' or other . ~tity,l!lat i~fontrolled by or under common cOn¥,ol }Vit9''rhe.~!J"Cing .to¢PIlJlY or (d) .. ,any c;OrP9rati.~ business, or other entity that supplies,~B~in&,Coll,lp~y of'any entity ./ identified in clause (b) or (c) with goods or services in sii,pport'of th~.-av.tati¢llndustry, f ingJudinj thc;ibusiness. of designing, producing, maintainiilg;"replli9'hg( or modifying "l ~~:.~'or,,~P/~,;\"'" ,(: /" ""'\" 3.6. I}f&\fts ryg~n~ Test Wells; Easement regarding EnvironmeniliI Matters. '::"'" •.• '" ;: .,;: :;' .::; ,'.'.~ .. ~'! •. ~;. ",,-" The ~ll¥'imt ,~1la1I have"a.:nonexclusive easement to enter the Property for the purpose of. obtllihlngi¢adil)gs.-,froin Il).qnitoring wells as shown on the Plan attached hereto and'ta,king s;nnples,fron{'I!U<ih 'll"eI1i!" and for the maintenance, repllir, replacement, renewal, deColnJ11'j'ssi~nint, and Closhtg ..or s~l1,.wells. Such easement shall terminate after the Washingtol!\ State"Qeparttnellt ofi~logy ("DOE") and the United States En vironmental ProteCl;i.on AgencY .("USi!P A") .. :"rei'llo"e all requirements for the continuation of such nl6mtonng: lJPOI{ th!!" fl!ino~a]' of:.all such requirements, the Declarant, at no expense to th~. owiier'::at Fhe .. ,ti~"Qf thl\i,-ProJ;ICrty, shall close and decommission all such test wells',in ~ord3nce "(ith applicable ~gulations, and upon such wells being so decommissionei( 8~<;hila&¢inerit sMll tefininatl{. Wmle the wells are located on the Property, they shall be mill'iita,!'iuxtin a!good st~te Of,repai~'1iiu:I operation in accordance with applicable legal requiremlfut.$ by:'tlre.:·Dedaranr'at n9,ex~,to the Owner of the Property. Upon request by the ownei!?f:ihe,Prop~fiy,tli~PecI.-fu-~iii'$bal1 provide the logs for such wells at no charge. TheOWJK:t oCthe/Pi'opertyShalLn()! construct any improvements nor allow the construction of 'any impro~"'meilli (othe.r.tpan parking area curbs and paving and drainage/landscaping berms)',,~tIiin five, (5),fee(of Renton Lakeshore Landing CCRs (Closing) 20041226 Page 6 of 15 '>,:, .,:., .' .' "" .... ", .. :!. .,' ./ ./ / .... 4 . .1 Constructive Notice and Acceptance :f :; .,. ~ \,. .i,,/ ,/ .::>·······:;Every Person who now or hereafter owns or acquires any right, title or interest in or '\" ./ .:. . . ..-IQ,any ti<>rtion of the Property is and shall be conclusively deemed to have consented and ", ,. """. : ;. agreed,io ~yery l?Ovenant, condition, restriction and provision contained in this Declarstion, "" ... ~ .. , :' .' ~hetf.ter.<>r not any.refereqce·tG·tl)is Declaration is contained in the instrument by which { ./.~ucll"P,irsm,Jollll9uir¥ ~,ifueresj1n the Property. ">.:-::' .:,:" .:;:-:"t / ./ .~~ l .{"~".' ~"""""'"''::''' {4/l :' DeclatantfRights UDdeJ;Qther D\Sl;!1lents •..• ~: \\ ";::d':/ ./~ /' ):~"l'-/ .. /' .('·./;.f l :"J.:'Iothi~'he¢in ¢nmlyed s~ lli'ij~ce or diminish in any way Declarant's rights under any'Otfier ~ts t\iilt h~y¢ geei1pr that may be subsequently recorded against all or any portions gf the't>rowItY. / /' ;/ .'''. ·;;":., ... /t .:~:' l }': .or ,.,~.-"'" .::. ,,' ':::" 4.3 Notices./ / /. (,"/ Except as o~:~'~~s~~t,v¥i~';~~ ~~ti<!ll.,!?r required by law, all noti,~ consents, requests, demands, appro'r.l!I4"authotiz~on~"8nd o~ comm,l'int~ations p1'9'VidOOfor herein shall be in writing aqd shall ~ ~~ to'hay,e-~ri~uly ~vep if and w.hen peni~y served or seventy-two (n}.bj)U'rs!illerJiei~g.sent .. QiUn~~,.8ta¥s first ,ClasslnJlil, pi;lstage prepaid, to the Owner of the ~y !li th~ftvperty,1m¢ to Jlie /'Dec!liraiit at Boeing Realty COIporation, 22833 S:aiBl¢k NUg,¢t ROadj'Mq 7W-60, ./ Issaqu~, WA 98027,Atttention: Vice President Develdpm~f; Pho.rle,No .. 425-373-7550. ,l' ,·/'.,./wJ'~t~ (i) any such notice, consent, req~,·~l.,a'rial, " auth&riZl¢qrt' or commilnication and (ii) any document or instrument '3iy~ or made '\. availab,16 tfj' an)!·6~er ltereunder and which might concern an Occuparif of such Owners' :·l.Qt"ifshllll beithegoleiespoJiMbility of such Owner (but in no event the responsibility of theDecla!-ant~,~.ihak~· \\,copy the~f available in a timely manner to such Occupant. :. .,.... /'f ,/ ... -"",:. 4.4 No"Waive,,/ i' .,/ .';'", ... i."" .... ",~.,.~.-" ~: .'-~- ;: The failure to 'bnf~ic{iiny ~visi'on <J! tt# ~aration shall not constitute a waiver of the right to thereaftet·.I}11for¢Su,ch p,rovisioo Qi'tJ:!C riiJ'h.no enforce any other provision hereof. .,,, .... ,,." ::.' ;' .i .," ,..... .:J" "'::,. ·c.,...... ,_ :~.--., ::.' .' Effect of Invalidation ".~' .,: ,-"""-. 4.5 . :. .•. -. Each covenant, condition and restri~ti~ Q{this.beci'an¢on,.f~irit~<kXfw be, and shall be construed as, independent and severabi~'t'ron{eacli other cbvenankcondltioa .and restriction. If any covenant, condition or restriction 6ft!liS qeclaMl'on~'i1eid t<{\Jt}:i~~ig by any court, the invalidity of such covenant, condition or ~tri¢ti9n s~ltIl"nqt affect the/ . validity of the remaining covenants, conditions and restrictioM'hereot':..".".': .. ",,... ,,:: Renton Lakeshore Landing CCRs (ClOSing) 20041226 Page 6 of 15 .... ) ::. -.:; ", ~; .. ";., ,.- .:,. ,.' .J::,., ...... ------_. __ •.. _ .•.... 4.6 No Discriminatory Restrictions . '"".' No Owner or Occupant shall execute or cause to be recorded any instrument that ".. nn~ a restriction upon the sale, leasing, or occupancy of his Lot on the basis of race, sex, j:, .maritafstalus, national ancestry, color or religion. ,.,"'" -,' .... " . 4/7 oU~u1ative RemeQies'" ,-.: ,-./' ,;' '., ... ::' r ,i /' / Ealih'~e4Y P;";~id~'.f~r Jn1bi~Declaration shall be cumulative and not exclusive. i'. TIre fililute to:exetcise,any ~IlQY prov,id¢Jor in this Declaration shall not constitute a waiv~ ofsueh ~rueq~ orpfi~yoth~'ie#¢y provided herein or therein. ':.:-.-:::.. // :/' ,:;(' .~:;; ).: -"':::-./ 5. 4.8 Attorriey(Fees;and c;osts ,"''-, If any pJsol)?~orrurienci~ litfgati6nf6r'ih~}udiciaI iJ1i~tion or enforcement hereof, or for damages for the,Dreach ~ertlOf thc;,previiilin&pant shall be entit1¢ to its reasonable attorneys' feclan(f court a!idcithe1!6oS~ in~n:i:d;,: ':. -::1:;': ",/ "", ...... '.:,. 4,9 '" Estoppel Certificates ,... . i "i ""'" /' ? /A.i'any time and from time to ti~~Wi.thir{tw~ty(;q};"~'~r ltt()lin~ce or r,equestby art::Owner, Declarant at no cost or expeqre tcjth¢' Teqlles\ing p!iity,';hlI~f execute ilnd qeliv~ to:any mortgagee, ground lessee or pUrclmSer &f th:~ ~§ a.-~iattliDent .-certifying that.'this Declaration is unmodified and in full fotce arid eff~t CJt if ,!here have beeh mgdificitions that it is in full force and effect as modifiethifih~'llliinn¢-specified in , tltt sta,remenf apd'l'liat.<mlong other things reasonably requested ifierii ~is~,'ho default under , thi~,Declw;ation other iilan as may be specified therein, If Declarant fiii~ ,16 deliver any such "'" statemen,t'Wtlhin"twenty(20) days after written notice or request by an OWner, and if '·':Pecl{l.!llht furthir falls tl:{dejiversl,lch statement within ten (10) days after a second written request frOm ah O~nert\yliich second written request shall specifically refer to the deemed estoppel under ih1~ 8e1I'it;nce))h~ it shaIt.Qe conclusively deemed that there exists no default under this ~Iaratj0il qn t~e pariofiiaid OWner . . '. ..' . " -.'. GENERAL PROVISrONS:, .. <· ••• a. Runs with Lan~>theb~;~en a~d oenefi;:~fth~,'c~~~ants, conditions, easements and restrictions contained herein witll'respect t6 the'PJ:'Operl.y;sl)all run with the land described in Exhibit A, The burdens and.'·bertefits of the c~venants, conditions, easements, and restrictions contained'hereitt with&sPt:Ct w'ihi: R~iun\I(.Lrroperty, shall run with the land described in Exhibit B; PROvIDED t!iat for sO .Iring aS'The Boeing Company is the owner of any part of the Retru~ Propeity,TheIJOein,g.,<;onipallY shall have the sole right to amend, modify, and enforce thl~peclaratiQii/.·,:-.' Renton Lakeshore Landing eGRs (Closing) 20041226 Page 9 of 15 " .' ;; b. Headings. Paragraph, Section and Article headings, where used in this Declaration, ., . are inserted for convenience only and are not intended to be a part hereof or in any way to ./ '-'defille, limit or describe the scope and intent of the particular provisions to which they refer. }" .•. '.' ............. . ',: .-./ .:.: .,. ./.-... ~ • .-'Law. This Declaration shall be interpreted and enforced pursuant to the laws of "\, .. / ," ~ St~e of .. Wll~hington, without reference to its choice of law rules . . :.:",.......... .' -: /: /~ .. /". ":~:::. .. ...... " .. ~~~:; . .. : '" .. d..:, /'Sevptl>ility. ;If''any ~ or provision of this Decl~tion or the application "":' /thC;re¢f to/imr.'Per$O\f or cifC1UI!s~~. shall to any extent be Invalid and unenforceable, {,t¥ ~llllI;iOdii of ihi~pecl~!i1J.ii or tIje .!lpplication of such tenn or provision to persons '(Si-ci~uriisllfucei o~ t1)~ .JhOse !IS··to ,W11/,Ch it is invalid or unenforceable, shall not be affecte9 thereJlY, arid ~h' &pn an4·Prt'l~on of this Declaration shall be valid and shall be enfolted·tO th~'ext~ilt pe¢U tt~~tby''j'ilw . .... .' , .. t ,;' l ~ .,' :: . ," .. ' . / e, Constru¢AA~l T1di D¢lar.atio!l'~ sl)alI"TitHtberally ,e6~trued in order to effectuate its purposes. /' /,' ...... ./ .,."" ':. \,. /' -;. .~.~ ,"":', :.;:. '.- ....... ,~/ / .: .:~. flo '\. :: ;{ '-"':,. f. Singular Includes Pllll1lt Wheneveithe cObtext.,of $is Declaration requires, the sing!Jlar shall include the pluraI,'iinfj ~ ~! and t¥ m~e"s1taIl,. include;llIJi: feminine an,~ tfj61l.~uter, and vice versa..\..... .> .,r .... < ... "' .......... ;, \;, ./" /' IN ~S WHEREOF, Declarant h;;;;"dclyi~x«i~~·;i;"De~lartitigh a/of the day and yQlir fi.t il~rein~bove set forth.····/ { ::::~:) -,,' .f,/" f ~ " ~ ~ ,s ... f' -,'-,,' ,": " ~., ......... :; . . /"" .t ,_ ./' •• , ...... , .. , •. . _.::;, ..•. , .. / ,f :,.f -;: . . :' ,;' ";. :: :; ,-." {' ,/' ",:, ... :,'''' Colette M Temmink . Title: Authorized Signatory " '-, .•.. "':'., Renlon Lakeshore Landing CCRs (ClOSing) 20041226 Page 10 of 15 " ./, .. ~ ....... , .. :: .... " .. ;: .-;: .. .' .. ' .:. " ,', .,' .... ,., ........ ~::. ;: " ./'\) -.~. " .;.' ." : .' SrAT~()F WASHINGTON } ~, ,.>/' ) /CdUNTY OF KING } ~ . '". .- 58. '~" ...... , .:.". . •.. .•.. ,.,.<0' -," .' __ "':'., -. -0' f' i .• '·'l-,·tertifY-·t1)at I !qwwo,-Qr have satisfactory evidence that the person appearing /be~re ple ah~'~n~ thi's ~owle~ment is the person whose true signature appears on this ····dQi;unilint/ i' ,/ .. ' . ,f {"·.i .... ' ' .• , ;i ,( ,f' <~: )" ;::....,/ l /<: . . ) .' cin,tl'iis ~7th4ay 9t4&emget;' z,004/before me personally appeared Colette M. Tepuni,*;"" to.o1ne )fuotVP to !i.e .. the,Authorized Signatory of the corporation that executed the W)\!riri"andJoregbingjnstrJ,lwen(lInd acknowledged the said instrument to be the free and voluntary act ~d d~ of,said):orporatlon, fo/. the uses ~4 purposes therein mentioned, and on oath stated that he,.was a!iihopze4·io e){ecute said,instruJ:#lritiand that the seal affixed, if any, is the corporate seal of saiq"corpbratlon,i ':'. ""',.f WITNESS my ~~J'ari~ official sia;':~~tb ¥~:;h t~\l,,!Iay and year first above .~:. ,,' -"' .,,:-.,:: .. ,., . "''''. ,./'<:: .. ",-/ . .,. ~, .. /;:)k;f'~ NOtary Public indfur tile S#ite.~f Wiishin~n Residing at . .' ..... ' '(L., ,i' written. My commission expires:' ~-l'(~?f .' ,."," ...sU'5-CL-/? /,. a,rn 'Ot.;6?-:c:-r~er [Type or Print Notary Namel "" " '-.. , ,;. '::":"":' Renton Lakeshore Landing CCRs (Closing) 20041226 Page 11 of 15 :: .:, -- .::. ;: ':~',;;, ,: /" .. ' ;." ~" ." ';':, . . , .t· -': .t· ':' .. '::" .~. -- . ~: . EXHIBIT A lEGAL DESCRlPflON Of Property .-.'".~--" ':'.;: ::: .' ';'.: . . "." '~'.:-: .Y .;,;. ::"",:. :' -- i Renlon Lakeshore Landing CCRs (Closing) 20041226 Page 12 of 15 ) ".:. -,- '-., .~'--"""'~.~.'" .... ~.:,;: .'- ... : .- EXHIBITB ,. :t :/ ".t Of Retained Property LEGAL DESCRIPTION "'\ "'/~a;ce':-72230001 05 , ...... 1';2 4:&RGNTQN I;ARiiifA1::REAGE ADDALl lOTS 1 & 2 BlK 4 TGW VACALlEY ADJ TGW All " , . ~ .-:lOTS 1 r'HRU 5.BlK 3 01"'$0 Pl~l'T~ VAC N 7TH ST(CAlIFORNIA AVE) & VAC AllEY ,;' AqilTG~ P9,!\'OF ~W~/4 OF SW 1/4 OFSEC 8-23-5 OAF - E 100FT L Y N OF C/L OF SO N 7TH ST 'PflOJ Wl ,(less ~ 60 FT T}iOF & ll!SS W ,10·FIOF POR lY SLY OF N 300 FT THOFALSO lESS POR QE~C \1NDER AUOI'\!OA,FllE ~.25235 -Taw POR OF SONW 1/4 OF SW 1/4 OAF - E 100 l Y SOF CiL·OF ~O N,7,JH STPA,OJ W9i~1!$S ~~15FtTHOF & lESS W 10 FT THOF (AKA LOT 2 OF RENTON lLA-ll8-88 RE9'#8!J111~ilqI) -TGW,PCI,..A:OF RENTON SHORT PLAT #93-89REC #8911149006S0,,sH9AT ~LAT PAF ;::POR of,S!:) NW 1/4 OF SW 1/4BAAP OF INTSNOF NlY IN OF SDSUBO WIl'f!I'lIIlY PAOOUCTION OFY!llYMGN OF PARK AVE NTH SLY AlG SO MGN AS PRODUCED TAP WCH 1$ 715:FrN OF SIi'YLN OJ;'SDSUBD & THE TPOBTH W PlT & DIST OF715 FT N OF SlN OF SO sueorO NLY PROD OF elL OF'F!I:LI;.Y AVE (1:1'Pi;llY ST)TH SlYAlG SO PRODUCED Cll TAP ON tiir.VMGN OJ:.:N 6.TH ST (6TH AVE'N) wCH!s 3iI FT N OF Cll OF SO N 6TH STTH ELY AlG SO NlY MGNTO.WlV MGN oF5D PAR\< AVE N.T.tlNLY AlG SO WlY MGNTO TPOB lESSS 185 FT OF E 107 .50F.r l~S J;tDi \. ""; ":::j; }" .. -";:.-, Parcel: 722aOO0115 Y./ ;"'" 3-4-5 4RENfoNFARM ACREAGE ADD {, ..c'. .f;; ... ":'.;. "':;~' \'" :. #' Parcel: 7~6460005~:', ./ ,,' .i' .• ',. "'··, .. ,.,f .:' ,f .,i 1 THRU,'12 1 8iSARToRISVlllE ADDlOTS 1 & 2 OF RENtON,SHORT PL,o,T#28~-79"REC #7907100ooiTGw lOTS 1 THRU 8 OF BlK 1 SO SARTORISvillii AdD LlSS ST rGwW 83.5 FT OF lOT:I'1 SO BlKJ.ESS N20 FT & TGW W 83.5 FT OF lOT 121N SD,Blic·taw Jio~ 11HRU 131N BlK,I:11 01 RENTOr-,tFARM PLATlESS ST so SHORT PLAT OAF ~LO:r$,-'9-1~11:'12,BlK 1 SO SN'iTOF\ISVIl,.lE APD I,.EiS$ W 83.80 FTLOT 12 AND lESS W 83.80 FT~f $'3QFTJ;:OT 11 "'cel:;2%4~Ooaa~// ....'" . "( •• "i' 10tl:lRU 1710RENTON'FARM PlATlESS E 90 FT OF FOlG N 30 FT lOT10 & lOTS 11 THRU 13 lESSStS lGW P.OR YAC ,All;!Y AI}JOINING .... :.... ,'.-.~. :" ',- Parcel: 08230591$2 ;"""."/ i' /, .. ". ",: 082305 152BET At,.NXN ot:"h,tN qli NW,1/4 OFSW 1/4 WITH W IN OF PARK ST TH STO PT 715 FT N OF S IN OF SUBD,T,tLW·TO N ~ROD OFiClt.:. OF,PEL,f. Y ST THS TO PT 660 FT N OF S LN OF SUSDTH W TO PT 586 i=T E OF Nt> R/W TONXN WPRODQF MAIN ST C/L TH S 630 FT TH W TO E LN OF NP RlWBElT IN TH N'rO N'l'N"OF SOSOTHETO):lEQ,LESS RD :;',., '-';' Parcel: 0823059209,.,..... .' .' .' . . i/ ." PARCEL B OF CITY OF RENTONSHORT ,PLAT NO 93-39 FJECORDINQt.JO 8911149006 SO SHORT PLAT OAF -POR OF NW 114 OF SW 1/4 -$AAP 9.F INTSNOF.-Nty IN OFSD.SUBWITH Nl Y PRODUCTION OF WlY MGNOF PARK AVENT'" SI,.Y AlG 9.0 MGN ~,~ PROI;>UCED TAP WCH IS 715 FT NOF SLY IN OF SO SUBD & THE TP0811:1 W PlT I1{DIST 0,,'716 FT N OFJ!.lN OF SO SUBD TO NlY PROD OF C/L OF PElLY AVE N PEllY ST.TH Sl YAlG SO PRODUCED C/L TAP ON NlYMGNOFN 6THST6TH AVE N WCHIS30 FTN Oi'CltOFSD N 6Tft siTFI ELY ALe; SDNLY MGNTO Wl Y MGN OF SO PARK AVE N THNLY AlG SDy/l YMGN T(j TOO.8 lE$SS 185 FT'OF E 107.50 FT lESS RD '.-' .'-c' ,: ........... . Renton Lakeshore Landing CCRs (Closing) 20041226 Page 13 of 15 "::::'" ," "':::; . . :' . . ,... ':":":, ./: .... f ," .. j'arcel: 0823059019 ") .,' .f ~05 19PORTION OF NW 1/4 OF SW 1/4 -BEGIN INTSN OF W LINE OF PARK STWITH THE N '. " .• ' L1~EOFSIXTH AVE N TH N ALONG SAID W LINE 185 FTTH WEST 107.50 FEETTH SOUTH 185 ' .... , ... i ," i FEE11'H');A$T 107.50 FT TO POB LESS PORTION TO CITY OF RENTONUNDER RECORDING NO ,..,/ 7206090448 '&~O 9406070574 .. ::.... ;! .:' '., "\. i/ p.a'rc'1,f:'oI!23osk187 ..... ',,'"' ... ~ ..... '. .~ 1 f1PoR 9F·GOV·.I,.OT 1 IN f'!w, 1/4 OFSEC 08-23-05 TGW POR OFLAKE WASH SHORE ;LAII/OS '{BE~ ~ COR OF:~OV I..O'r 1'1:ttN a8-51-Cl5 W ALG N LNOF GOV LOT 1 & ALG WLY .. ' PRODOF SO L.H 9IiO:01. FTMI\fW WL 'fMGN OF ABANDONEDBURLINGTON NORTHERN "RAILWAY .AlWTH,CQNTG N IJ8-S1-o5'W 7Iit.-39.fTMIL TO EXISTING CONCRETE MONUMENT SO MON~""1SNT;8Eifio-¥i ~~ POlft!l',QJof NL Vt"tt9.FSHUFFLETON STEAM PLANT PROPERTYTH N 43-~56 W 65M&'FT WL '1'0 IN~!lIfARPOI'I.J:,N·PF LAKEWASHINGTON SHORE LANDS THS 45-52-27W6Q7.89 FTllfS~8'e717.71-FTtP,fpOB TH S 14-38-26 E 741.50 FTTAP ON NWLY MGN OF ABANQPNJ;DBUI'iLIN~TO.tNORT,H~·AAILWAY R/WTH S 50051-48 W ALG SO ABANDONED RN/1·29.32:'mH N 2O'38-~W;'700J81 FTTH N 46-53-04 E 215 FTTH S 43-06-66 E TO TPOB PER CITY OF RErfT0ttlOT,lIN~i~NO ;004-~.~.!;!ECORDIN~~08808309008 ........ :~/ .l· /. ./ /: .,:"" "::::. .f' ·.:f Parcel: 0823059204 .i·'/ /. " .,' ":, ""'" }" 082305 204POR BN RR 100 FT IWJIN GIi.1-2...a IImW.,t/4.0F $W "4 01'8-23-5 & IN GL 1 & 2 OF 7- 23-5 ALL LY BTWN PROD OF N LK-8TI1AvE·:N.S. UfExTNo BE!;'" &;HAOIALL YTO TRACK C/L FR SUR STN 11166+00& L Y SELY OF LN BMp.lt6 I'T $:LY AT'Rt4''FR .SD ~N.:rH STRAIGHT SWL YTAP ~. FT NWL Y MEAS FR SEL Y RlWW AT:§.VfI STN ftl74+o~"l'H siiill:.y TAPOI,'INWL V RIW LN & SEL '('(jF'SPUR TR STN 8+85.5 & TERM ":'" '.' 0" •• ,: ••• :' •. ",.,'/ .... '''':. \, ./.)' Parcel' ~3059~;1'' ''",. '."""" .. "."" ii" .. :' .. , ........ " .... i' .'i /. .,.f 082305,37N ~Q,FT OF S 660 FT OF NW 1/4 OFSW 1/4 Lva.!,TiCr,A L~$Of PEw.. VAV~"& MAIN ST PROD lESS'RD" ....,'< . .' ',' .' par~;: 07.2~05;~01 )' '.' i'\·::::.:~·'· "ifi ,i/' c'cc'r\ cm3051POR.OF EJI2.0F$.~C 7-23-05 L VEL Y OF CWW 12 & HL V OF tt~ $'rIN .. SE 1/4 OF SEC ,j L!!'SS N1". RfV'/ LE~.~ TGW VAC LOGAN ST L VNWLY OF LN 30 FT NWL'Y QF GPVMDR LN TOW 2Np CL SffLDS !\QJSUE!".TO nvO 20 FT R/W ESMTS & POR OF SE 1/4 OF 8£.;1/4 OF SECBEG NXN:,9 MGN Or;;.''N.$TH it wrrttw MGN LOGAN AVE TH SL V ALG SOST 995.34 FT TH S 89-18-45 W TO ELY.,M9,t.1Cwy.r /I2.'1"H .~ At.~ SDMGtolTO S MGN N 6TH ST TH E TOBEG LESS BEG NW COR THOF THSELV ALG WLV .. lN 32&15 FT TtfN 89-45-45 E 366.34 FT TH N00-14-15 W TO S MGN N 6TH SITH W TO QEG'LESs lSt70 FJ"t.HOf:TGW PORS OF NW 1/4 SEC 08-23-05 & SE 1/4 SEC 06- 23·05 8< SW 1/4SE(; 05-23-q5'L;V Nl(VL V OF IiIP !'IIW& SWL Y OF LN BEG NXN WL Y EXT OFN LN OF GL 1 WITH W MGN'SQ"BtW ni W .163.39'FJ!·TH N43-0~6 W 650.06 FT MIL TOINNER HARBOR LN TH S 46-52-27 WALG SO LN ®'7.$ FT TO TPOS 1H $'43;,Q5-56 E 713.87 FT TH S46-53-04 W 215 FT TH S211-38-24 W TO NWLV M~ SON'P.wwsuE\J TQ'SO ~o l'T. ESMTS LESS BN OPER STRIP ADJPOR OF SEL Y LN IN SO S"EiP 08-2;.o5l:ES$ ST .RD #.7 TGW)/AC LOGANSTL Y NL V OF SPUR TRACKS TGW BLK C LK WASH 'SH"lDS ~D ~Up~", .:>.""', . . :' :: "., ... ,., .' Parcel: 0723059046 ':..:."" ".' ""'" """ 072305 46BEG AT NXN OF S MGN OF 6TH'AVE!',NWr.tH Ii III~N OF COM WW#l2 TH S13-29-OO E ALG SO E MGN 328.75 FT TH N 89-45-45 E PLL'TP,& ~ Fts qF al1i"AvE "':·36~,34,.FT TH N00-14- 15 W 320 FT TO S MGN OF6TH AVE N TH S 89-45~5 W Al;:G SD S MGtt493;o;!,FT TOQEG ':"""-:'/ ~;.:' .;~. .," :.:' ./ ":. Parcel: 0723059100 .;' .: .: .. :'./ ~;;.":':;; ;; .::~"::'" 072305 100ABANDONED RR RIW OVER E 1120F STR 07-23-05.&W 1/2 OFSW 114 OF sm. 08-23"05 L Y BET N MGN OF NO 4TH ST & SOMGN NO 6TH ST ..' "." , ,., .' ......... :' ....... :!/:: Renton Lakeshore Landing CCRs (Closing) 20041226 Page 14 of 15 ., , . , ;: .~ .... ';':'.-.. ,; ./SUl''ExCLUDING Lots 1,2,3, and 4, Boeing Lakeshore Landing, a Binding Site Plan, / record.ed under Recording No. 20041223000856. / S~tuatel1) the City of Renton, County of King, State of Washington . .> '.' /', .. - ';:" ,.' /f .,"-""., .•. '., '~'., :: ·r " :; . .;" ".;."",. ..... " .. .. ' '.',"'" ;: , . ..• ' ···"'·· .. ··c .,. Renton Lakeshore Landing CCRs (Closing) 20041226 Page150f15 .' 0" , " .. '.~ "'-"~'->: .............. :: "'~=: .. .;,' .,'.",. "-'. Return Address: City .cIerk' s Office City of Renton 1055 South Grady Way Renton, W A 98055 Please print Of type information WASHINGTON STATE RECORDER'S C 11 over Sh t ee (ReW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) L Strander A~ement (CAG-02-211) 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference j/' s on page _ of document Grantor(s) (Last name first name, initials) I. The Boeing ComEan~ 2. Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials) L Cit~ of Renton , 2. , Additional names On page _ of document. Legal description (abbreviated: i.e. lot block, plat or section, township, range) Beginning at the intersection of the North line of said Donation Land Claim No, 46 with the most Westerly line of Government Lot 13 in said Section 24; ...... Additionallegal is on pages 8-12, 14, 19-23,25-30,32-40 of document. Assessor's Property Tax Parcel Account Nnmber I I 0 Assessor Tax # not yet assigned 20060420001032.':': The AuditorlRecorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the index:in o information provided herein. .. I am requesting an emergency nonstandard recordmg for an addltlonal fee as provIded m RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text on the original document. _______________________ Signature of Requesting Party 20060420001 o.'32.~"-" ) CAG-02-211 STRANDERAGREEMENT This AGREEMENT is made and entered into this L\-IJ:. day of [;a:Q'l'\ ~ 2002, by and between 11IB BOEINO COMPANY, a Delaware COI]lOf8tion ("Boeing"), and the CIlY OF RENTON, a municipal colpOration of the State ofWasbington ("the City"). RECITALS A. lA:lngacres Park, Inc ("LPIM), a whoHy-owned subsidiary of Boeing, is the owner of certain rea.t property ("Property"), known as the Longacres Office Park ("LOp"), located in the City of Renton, KiDg County, Washington, and more particularly described in EXHIBIT A 8IIached hereto and incOIporated herein by !his reference. LPI and Boeing have entered into a long-term Ground Lease ("Lease") with effect from January I, 1993 pumIlIlIt to which Boeing may possess the Property through December 31, 21t27 and may in certain circumstances extend the temiof the Lease through December 31, 2057. Pursuantto the Lease, Boeing may enter into !his Agreement in Boeing's own Dame. A memorandum of the Lease was recorded as No. 9707030128 in the Real Property Records of King County. B. The City has included in its Transportation Improvement Program ("TIP") an extension of Slnmder Boulevard (also known as S.W. 27"' Street) west from Oakesdale Avenue S. W. across the Property to the City limits of Renton ("Stnmder Extension" or ''Extension"). C. On May 11, 1984, the City and Broadacres, Inc., Boeing'. pred"","",or in interest, entered into an agreement recorded in King County as No. 8406010540 (" 1984 Agreement"), providing for, among other things, (a) reservation ofright ofway for the SIrander Bxteosion across the Property, (b) establislunent of an alignment for the Extension across the Property, (c) acquisition by the City of the reserved right of way, (d) consllUclion by Broadacres of a local access road according to City street standards fur local access roads within the reserved right of way, (e) payment by Broadacres not to exceed 30 pereent of the total cost of extending Strande. from the east Property line to 200 feet east oflbe Burlington Northern railroad right of way, and (f) reduction ofBroadacres' payment by the full cost expended by Broadacres in designing and constructing the local access road. D. The Environmental Impact Statement ("BIS',) Mitigation Document for the LOP that was issued in May, 1995 ("Mitigation Document") included a TransportatIon Mitigation Conditions Agreement that among otber provisions requires Boeing to pay to the City Inmsportation mitigation fees of$75.00 per trip ("City Transportation Mitigation Fee") based on 27,000 average daily trips to be generated by full development of the LOP ("LOP Mitigation Fee"). Boeing bas paid to the City, as transportation mitigation fees under the Tf8DSJlOfIation Mitigation Conditions Agreement, S I 57,500 (based on 2, I 00 average daily trips) at the time of pennit application for the Boeing Commercial Airplane Group ("BCAG") Headquarters Building and $69,750 (based on 930 average ds!IY trips) at the time of permit application fur the Boeing-Renton Family Care Centre. The LOP Mitigation Fee less the transportation mitigation fees already paid to the City ("Net LOP Mitigation Fee") as oflbe -date of this Agreement is $1,797,750 (based on 23,970 average daily trips, referenced hereinafter as the "Prepaid Trips"). _. -CERTIFICATE ,', :~. ".~.~! 0" .),~e undersigned Citr Clerk of~e ,< .. : •. .• -t-"<CIty of Renton, Washington, certify i > .,. i l\~ th~ \his is a true and correct cop~ of , ~ '. SEA. l,>! ~.s!f..."Otr ~x: .. 1 . Subscribed ::,'" .' ./ ~ and~ealedthlS Y~Of~ ,20~ -p •••• • •••• '. A /. I ': ................. '" w-. {..V"~ .... -'" • t. City Clerk --)-- <.-"."." ::' '. E. Boeing now plans to prepare the Property for potential development that will require (a) modification of the 1984 Agreement right of way aIigrunent, (b) modification of Boeing's payment obligations for the Extension to address current conditions, and (c) clarification of the procedures and standards for Boeing to construct a local access road within the reserved right of way for the Strander Extension. F. The City desires to confirm the availability, location and funding of the Strander right of way and extension. In addition, the City has received information and data provided by Boeing indicating that expansion and improvement of the Grady Way and Oakesdale Avenue intersection will be required as a result of traffic demands from the completion of Oakesdale Avenue and future development in the area. G. Boeing and the City desire to rescind the 1984 Agreement and to enter into a new agreement regarding the Strander Extension to replace the 1984 Agreement. H. Establishing this Agreement will materially aid the City in approaching the State of Washington and federal funding agencies for financial assistance in developing the Strander Extension project. I. The City and Boeing consider this effort to be a public-private partnership and approach it and this Agreement in the spirit of partners, anticipating that issues and unforeseen events will be resolved on a mutually agreeable basis as they arise during the course of performance of this Agreement. AGREEMENT NOW, TIIEREFORE, in consideration of the mutual covenants and under the terms and conditions hereinafter set forth, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant and agree as follows: I. Right of Way Reservation and Alignment. Boeing agrees to reserve for the duration of this Agreement a 9O-focit wide right of way across, over, and through the Property for the Strander Extension according to the alignment described in EXHIBIT B, attached hereto and incorporated herein by this reference, and approximately depicted in EXHIBIT C, also attached hereto and incorporated herein by this reference ("Right of Way Reservation"). The City agrees that the alignment of the Strander Extension shall be located within the Right of Way Reservation. 2. Building Restriction. Unless otherwise provided in this Agreement, Boeing agrees uot to construct permanent buildings within the Right of Way Reservation and setbacks from the Right of Way Reservation that are required by City Code. For purposes of this Agreement, the term "building" shall mean any structure having a roof supported· by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. 3. Right ofWavAcguisition. 3.1. Boeing agrees to dedicate to the City that portion of the Property located within the Right of Way Reservation ("Right of Way Property"). This dedication shall be accepted by 20060420001032.: : the City within 180 days from the date of this Agreement In consideration for the dedication of the Right of Way Property, the City agrees that (a) the wp Mitigation Fee payable to the City of Renton for the LOP shall be fu1Iy satisfied, (b) aU of Boeing's obligations for the Strander Extension across the Property and approaches to the Property that may be imposed by the City or any financing jurisdiction shall be fully satisfied, and (c) all of Boeing's obligations for any other off-site transportation improvements within the City of Renton that are required to support the level offull development of the WP as contemplated in the EIS shall be fully satisfied. 3.2. The City agrees to enter into fonnal discussions with Boeing regarding placement of the proposed expansion and improvement of the Grady Way and Oakesdale Avenue intersection as a priority project on the City's TIP at the next scheduled update of the TIP. Any agreement reached between the City and Boeing on this subject shall be memorialized and approved in a separate document 3.3. Th~ City agrees not to adopt an authorization under applicable law for the acquisition of aU or part of the Right of Way Property under condemnation or threat of coudemnation during the term of this Agreement, unless Boeing fiills to dedicate the Right of Way Property in accordance with the tenns and provisions of this Agreement. 3.4. The City agrees that Boeing may at the time of City acquisition of the Right of Way Property reserve a nonexclusive perpetual easement' over, across, along, in, upon, under, and through the Right of Way Property for purposes that include access, utility, drainage, and any regulatory requirements applicable to the development of LOP . Any uses for the Right of Way Property proposed by Boeing other than for those purposes will require prior City approva~ which shall not be unreasonably withheld. 4. Reserve Account. 4.1. Upon dedication of the Right of Way Property to the City, the City agrees to create a reserve account in Boeing's name ("Reserve Account") that contains the Prepaid Trips. Trips in the Reserve Account shall be considered the personal property of Boeing unless they are assigned by Boeing to a SUCCessor in interest to all or any portion of real property located in the City of Renton, including, but not limited to, an owner's association or similar entity governing any or all of such property. Boeing may at its sole discretion withdraw from the Reserve Account all or a portion oflbe Prepaid Trips, to be credited against and constitute full payment of the City Transportation Mitigation Fee for the equal number of trips generated by development of any property owned by Boeing within the City of Renton as oflbe date of this Agreement ("Renton Properties") that would otherwise be subject to the City Transportation Mitigation Fee. The Renton Properties are described in EXHIBIT D attached hereto and incorporated herein by this reference. If and when Boeing withdraws such Prepaid Trips from the Reserve Account, the number of Prepaid Trips in the Reserve Account shall be correspondingly reduced. Should Boeing choose to assign Prepaid Trips to projects other than LOP, those Prepaid Trips will no longer be available for LOP transportation mitigation. 4.2. Boeing shall timely notify the City, as provided in this Agreement, oflbe withdrawal, designation, or assignment of trips in the Reserve Account by providing to the City a document in the fonn and content described by EXHIBIT E attached hereto aud incorporated herein by this reference. The City agrees to provide to Boeing written confirmation of such withdrawal, designation, or assignment, also as described by EXHIBIT E. 20060420001 O~2. ::~_:. 5. Review of Plans. The City agrees to use its best and timely efforts to include Boeing in the planning and design of the Strander Extension. Prior to City approval of construction plans for the Strander Extension, but in any event no later thao sixty (60) days prior to commencement of construction of the Strander Extension, the City shall provide Boeing with engineering, architectural, and other construction plans for the Extension and related improvement, including but not limited to signal control systems, utilities, sidewalks, driveway access, walls, fencing, lighting, and signing. 6. Local Access Road. Should Boeing require Property access prior to completion of the Strander Extension, Boeing may construct upon all Or part oflbe Right of Way Property a local access road to City standards ("Local Access Road"). The Local Access Road may include roadway, utilities, stormwater facilities, sidewalks, lighting, and other structures required by Boeing and the City. The Local Access Road shall he dedicated to the City for public use within thirty (30) days following its completion. The City agrees that the Local Access Road or a mutuaJly agreed upon detour route shall remain open to vehicular traffic during construction of the Strander Extension. The City agrees to reimburse Boeing at the time of the Strander Extension construction for all design and construction costs incurred for Local Access Road com ponents that are designed and constructed to City standards for and that may he incorporated into the Strander Extension project. 7. Street Access and Intersections. 7.1. All Property frontage along the Strander extension shall have access to the public right of way, unless otherwise agreed by the parties. 7.2. . Boeing may establish along the Strander Extension two intersections with streets to the north and south of the Extension. Boeing may propose additional intersections in the future for consideration and possible approval by the City. Boeing shall pay full cost for any traffic signaI(s) required at any intersections established. Boeing may also establish along the Strander Extension private driveway access points, subject to City Code requirements; provided, however, that the City reserves the right to limit turning movements at such private driveway access points to right-in and right-out only. 8. Termination. This Agreement shall terminate twenty (20) years from the date of execution of this Agreement, or upon final completion of the Strander Extension, whichever occurs earlier. If construction of the Strander Extension has not been fully funded and commenced by the date of termination oftIiis Agreement, Boeing at its sole discretion may require that the City reconvey to Boeing the Right of Way Property exclusive of the Local Access Road if dedicated to the City as provided in Paragraph 6 ofthis Agreement. When the Right of Way Property is reconveyed to Boeing by the City, Boeing shall pay to the City the amount of the Net LOP Mitigation Fee credited to Boeing under Paragraph 3.1 of this Agreement. 9. Default. In the event ofa default or failure of performance by either party of any term or condition under this Agreement, the defaulting party shall have thirty (30) days after written notice given to that party by the non..<Jefaulting party, as provided in this Agreement, to cure the default; provided, however, that if the cure cannot reasonably be completed within such thirty (30) day period, the defaulting party shall have such longer period as is reasonably necessary to cure the default so long as the defaulting party shall COmmence the cure within the thirty (30) day period and thereafter complete the cure with due diligence. 20060420001(1~2::-:- 10. Successors and Assigns. This Agreement an!! each of the terms, provisions, conditions, and covenants herein shall run with the land and shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. 11te parties acknowledge that Boeing may assign this Agreement to an owner's association or similar entity for the Property, and agree that upon such assignment Boeing shall be released from all rights and obligations hereunder. Notwithstanding the foregoing, the parties agree that Boeing may retain all rights to the Prepaid Trips in the Reserve Account, as provided in Paragraph 4.1, and may assign those rights for withdrawal and use as provided in this Agreement 1 I. RescissiOn of 1984 Agreement. Upon execution of this Agreement, the 1984 Agreement shall be null, void, and without effect. 12. Compliance with Laws. The parties shall at all times exercise the rights granted to them under this Agreement in accordance with all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. 13. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be King County, Washington. 14. Notjce. Any notice required or permitted to be given under this Agreement shall be in writing and shall be delivered to the following designees: If to Boeing: with a second notice to: If to City of Renton: with a second notice to: Colette Temmink The Boeing Company MC IF-Sa- P.O. Box 3707 Seaule, WA 98124 Fax: 206-662-1355 Gerald Bresslour, Esq. The Boeing Company MC 13-08 P.O. Box 3707 SenUle, WA 98124 Fax: 425-965-8230 Gregg Zimmerman Administrator of Planning, Building, and Public Works City of Remon 1055 Souill Grady Way Renton, W A 98055 Fax: 425-430-7241 Sandra Meyer Planning, Building, and Public Works City of Renton 1055 South Grady Way Renton, W A 98055 20060420001 O~2.-:··.· Fax: 425-430-7241 Notices may be delivered by facsimile or U.S. mail. Notices shall be deemed effective, if mailed, upon the second business day following deposit thereof in the United States mail, postage prepaid, certified or registered mail, return receipt iequested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. Boeing or its successor or assign to this Agreement shall give notice to the City of what successor property owners shall be given separate notices under this Paragraph 14 in addition to the above. IN WI1NESS WHEREOF, pursuant to the provisions of Ordinance No. -Vtfl ko of the City of Renton, said City has caused this ilJStrument to be executed by its _-<7YlL<J0_t".¢rr.u.. _____ _ DATED this /0# day of K.LtLt~J(/V , 2002 (I APPROVED AS TO FORM: TIIE CITY OF RENTON, a municipal corpomtion of ~:::;;~ Lawrence J. WiuTen : City Attorney ATIEST/AUTHENTICA TED: & .... u/,.'v!. td~ Renton City Clerk 200604200010~2,:: ". ) EXBIBITA Legal Description of Long acres Office Park -~ ""j 20060420001(1~2.·:-:· PARCEL A All !hal cenain real property situate in the Cil)'of-Renton, Counl)' of King, State or Washington, being a portion of Henry A. M~ef's Donation Land Claim No. 46 in SeCtions 24 and 25, Township 23N., Range 4E., W.M., and a ponion of Government Lot 8 in said Section 24, and ~ing more particularly described as follows: BEGINNING at the intersection of the North line of said Donation Land Claim No. 46, wi!h the most Westerly line of Government Lot l3 In said Section 24; thence from said POINT OF BEGINNING SIlO'56'17OW 1257.95 feet; thence SOI'02'56'W 154.52 feet to the northerly line of me Cil)' of Seanle Bow Lake Pipeline right-of-way as conveyed by deed recorded under Recording No. 4131067, King Counl)' records; thence along said northerly line S72'44'48'W 436.96 feet; !henet tangent to the preceding course along the arc of a curve to the right having a radiul of 122.55 reet and a central angle of 20'01 'IS" , an arc length of 42.82 feet; !hence tangent to the preceding curve N87"!3'57'W 1377.97 feet 10 the East right-of-way line of the Burlington Northern Railway; thence along said East right-of·way line N02'07'43'E 1709.63 feet; thence tangent 10 the preceding course along the arc of a curve to the left having a radius of 2107.00 feet and a central angle of 14'09'08", an arc length of 520.44 feet to the westerly line or !he fanner Puget Sound Shore Railroad Company's Seanle Line; thence along said westerly line N02'07'43'E 221.30 feel (0 the soullleastorly line of the parcel conveyed to the State of Washington by deed recorded under A.F.N 8412140016, King Counl)' records; thence along said southeasterly line N66'17'S6·E 35.69 feel to a pcint on a line that is parallel with the Soum line of said Section 24, and passes through the most soulller'y comer of the southernmost of two concrete abUlInenlS near the westerly extension of S. W. 161ll Street; thence along said parallel line 587 '43'33'E 67.88 feet to the easterly Une of said former Pugel Sound Shore Railroad Company's Seanle Line; thence along said easterly line N02'07'43'E 11.96 (eel 10 the southerly right-of-way line o( 1-405; thence along said southerly righl-of·"'3Y line N81'S7'27"E 43.10 (eet; thence tangenllo the preceding COurse along !he arc of a curve to the left having a radius of 603. 14 feel and a central angle of 19'04'30'. an arc length of 200.80 feet; thence Langen! to the preceding curve N62'S2'S7"E 90.32 feel; thence leaving said southerly right-or-way line SOO'22' ) I'W 1022.22 feel 10 tile North line of said Donation land Claim No. 46; thence along said NOM line S81'13'57"E 1462.38 (eel to the POINT OF BEGINNING. Contains 72.83 Acres of Land more or less. The Basis of Bearings for this description is the Record of Survey (or Broadacres, Inc., recorded in Boot 1 of Surveys at page 2, under Recording No. 7707289002, King Counl)' records . . ~: 0;/--,//_// '. '.' i , 2001i0420001032 ••. l PARCELS All thaI certain real property simale in the <;1\)' of Renton, County of King, Slale of Washinglon, being a ponion of Heruy A. Meader's Donation Land Claim No. 46 in Sections 24 and 25, Township 23 N., Range 4 E., W. M., and a ponion of Government loI13 in said Section 24, and being more p~icularly described as follows: BEGINNING al the Northwesl corner of said Governmenl Lol 13; thence from sail! POINT OF BEGINNING along the North line or said Governmenl Lol 13 587'26'4S"E 504.52 rccl 10 the northerly prolongation of the Easl line of said Donation Land Claim No. 46; thence aJong s.~id prolongalion and East line S02"46'03"W 1336.86.\0 the North line of the Cily of Seanle Bow Lake Pipeline righl-<lf.way as conveyed by deed recorded under Recording No. 4131067, King Coumy records; thence along said North line from a urigem that bears S84'32'34"W, along the arc of a. curve to the left having a radius of 93S.00 fccl and a cenlral angle of 11"47'46", an arc length of 192.50 fcct; Ibence tangem \0 the preceding curve S72'44'48'W 288.62 feet; thence leaving said North line NOI '02'56"£ 154.52 feet; thence 'NOO'56'I7"E 1326,91 feet 10 the POINT OF BEGINNING. tonlains 15.51 Acres of Land more or less. The Basis of Bearings for Ibis description is the Record of Survey for Broadacres Inc., recorded in Book 10 of Surveys at page 2, under Recording No. 7707289002, King CouRl)' records. MAUF\",C 11·07·91 PARCELS.LEG 3·2464·3806 ."'A ........ . ) . -,:-- ! \ \ ...' .. ~.) .. .. ) 20060421H101 032.;; i PARCEL C All that ceruin real propeny slruate in the City of Renton, County of King, Sute or Washinglon, being !hal ponion of Henry A. Meader's Donalion Land Claim No. 46, in Section 25. T.23N., RAE .• W.M., described as follows: BEGINNING 31 the intersection of the SOUlh line of said Donadon Claim, and the East line of Govenunent Lol 10 in the N.E. '.4 of said Section 25; thence from said POINT OF BEGINNING along said South line N87°13'57"W 1842.90 reet to Ibe East line of the Burlington Northern Railway; thence along lasl said Easl line N()2"06'48"E 129.69 feel and N02°07'43"E 251.58 feel to !he South line of the Bow l...ake Pipe Line as conveyed by deed recorded under rewrding No. 4131067, King County rewrds; thence along said South line S87"13'57"E 1377.63 feet; thence Langent to the preceding COurse along the arc of a curve to the left having a radius o( 152.55 (eel and • central angle o( 20'01'IS', an aIe length of 53.30 feel; thence t;mgem 10 the preceding curve N72'44'48'E 427.04 feel to the nonherly prolongalion of the East line of Govenunent I.ot 10; thence along sold nonherly prolongation SOl '02 'S6'W 536.89 reet to the POINT OF BEGINNII'>G. Contains 16.87 Acres of land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres Inc., recorded in Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records. / L.S. 27193 MALlFWC 11·07·91 PARCELC.LEG )·2464-3806 '. ., 2~0420'1032.u·i . PARCEL F All thaI certain real property .iNate in lIle Cily of RenIOn. Olunty of King, Slate of Washington. being a portion of Goverrunenl Lou 10 &. I I In SettIon 25, Townsllip 23N., Range 4E., W.M., and being more particularly de.enDed as follows: BEGINNING 31 the interseClion o{ the South line o{ HeNy A. Meader's Donation l.and Claim No. 46, with lIle East line of said Government lot 10; thence from. said POINT OF BEGINNING along said Easl line SOl °02',56'W 2,55.38 feel; thence leaving said East line N88 D I6'SS'W 1847.S7 feet to a point on the East. line of the Burrtngton Norlhem Railroad riiht-ofway which is 289.12 feel Southerly, as measured along said right-ofway line, from the intersection lIlereof with the South line of said Donation Land Claim No. ~; thenee along last said East line NOl'06'48'E 289.12 feet to the South line of said Donation Land Clahn; thence along said South line S87°13',57'E 1842.90 feel 10 the POINT OF BEGINNING. Contains 11.53 Acres of Land more or less . . The Basis of Bearings for this description is the Record DC Survey for Broad.eros, Inc., reccrded in Book 10 of Surveys at page 2, under Recording No. 7707289002, King Conn!), records. FWC 11·21-91 PARCELF.LEG 3·2464-3806 , I , 200604200Q1032.u'! PARCEL G All Illal uruin real propcny siruate in Ille CiI:y of Renlon, Counl)' of King, Sute of WuhinglOn, being a poruon of Government lots Hhnd II, and of Ille S.W. 1/4 o( Ille N.E. 1/4, and o( Ille S.E. 114 of the N. W. 1I4, all in Section 25, Township 23N., Range 4E., W,M., and being IlIOre panicularly described as follows: BEGINNING at a point on the Easl line of said Government Lot 10, distant Illereon SO)'02'56'W 255.38 feel from Ille inler=tion thereof with the South line of Henry Meader's Donation land Claim No. 46 thence (rom said POINT OF BEGINNING, along said East line o( Government 1.01 10, and Ille east line of said S.W. 114 of the N.E. 114 of Se~tion 25, SOl'02'S6'W I I 12.01 (eet 10 a line Illal is parallel with and 545.6 feet northerly of Ille Easl· WeSI eeRlerline o( said Seaion 25 (measured along Ille Easl line of said S. W. 114 I1f Ibe N.E. 1/4); thence along said paraJlelline N87'57'42'W 1908.19 (eel 10 • line thal is parallel wilb and 60.00 (eet East of the East line of the Burlington Northern Railway riglll~('way; thenee along last said paraJlelline N02"06'48'£ 554.48 feel; Ibence N04"OS'49'W 550.24(ee[ 10. point on said East line of said Burlington Northern Railway right~(.w.y, distant thereon S02'06'4S'W 289.12 (eel from the inlerseaion Ibereofwith the Soulb Line of s:rld Don.tion Land Claim No. 46; thence S88'16'55'£ 1847.57 feel to Ibe POINT OF BEGINNING. Contains 46,06 Acres of Land more or less. The Basis o( Bearings (or Ibis description is the Record of Survey (or Broadacres, Inc., recorded in Book I() of Surveys at page 2. under Recording No. 7707289002, King Counl)' J"ecords. "FWC I 1·2]·91 PARCELG,LEG )·2464-3806 '. 20060420001 032.::~ j • EXHIBITB Legal Description of Strander Extension EXHIBIT "B" BOEING PROPERTY (portions ofTax Lot No. 252304-9002 & 252304-9062) LEGAL DESCRIPTION: Tract F of the unrecorded BOEING LONGACRES PROPERTY BINDING SITE PLAN dated July 15,2002 and approved by the City of Renton under Land Use Action number "LUA-02-022-BSP and contained in Land Record number LND-35-00IO. All situate in Section 25, Township 23 North, Range 4 East, Williamette Meridian, in the City of Renton, King County, Washington. 20060420001032.::; . H:lFile SyslLND -Land Subdivision & Surveying Records\LND-OI -Legal Descriptions\0048.doc 9/1012002 20060420001032.::-: . EXHIBITC Map of Strander Extension / 4~ , /~ ~\,~ <;'$>"O~ ~ :t\-\----l ]' ~ 1\----1 'Ii 3= 1 iii ~ Technical Services PlatmingIBuiIdinglPublic Works R. MacOnie, D. Visneski 10 September 2002 J .; i I .I I Bow I I e Plc.lIne i _._._.-+-_._.---._._. ~ ~ .-.-.-.-.-.~.-.-.-.-.-. ~ I/~ Ii I // 0 ---~a~~;7-----i ~ftA swmstt<~ ! j i '-'-'-'-'-'-'-'i'-'--'-'-'-'-'-'-'~ I ir·A ·v I . I ,-.-.-.-.-,--.-,~:-.-.-.-.-.-.-,~~ ,"'- , ...... - . .....j ./ ,'-0 ExhibitC Strander Extension SW 27th Street 400 800 -------City Limits .'-'-'-'-'. Proposed L<lt Lines g I -~ o .... 20060420001032.;; : ...... i EXHIBITD Legal Descriptions of Boeing Properties in the City of Renton 1. Longacres Office Park 2. Boeing Customer Service Training Center 3. Boeing Renton Plant 200604200011)1I7 ,;: -. PARCEL A All that certain real property silllate in the City of. Relllon, County of King, Slate or Washington, being a portion of Heruy A. Meader's Donation Land Claim No. 46 In Sections 24 and 25, Township 23N., Range 4E., W.M., and a portion of GovenunCIII lot 8 In said Sealon 24, and being more panicularly described as follows: . BEGINNING at the Intersection of the North rUle of said DOnalion land Claim No. 46, with the most Westerly line of Government Lot 13 in said Seaion 24; thene(; from said POINT OF BEGINNING SIlO'56'l7'W 1257.95 feel; thenee SOI'02'.56·W 154.52 feet to the northerly line of the City of Seanle Bow Lake Pipeline righl-of-way as conveyed by deed recorded under Recording No, 4131067, King COunty records; then~ alo,!g said northerly line S72'44'4S'W 436.96 feel; thence tangenlto the preceding course along the arc of. curve to the righl having a radius o( 122.55 feet and 3 cenlral angle of 20'0I'IS', an arc length of 42.82 feel; thence tangent to the preceding curn N81'l3 '57'W 1371.97 feel 10 the Easl right-of-way line of the Burlingtol) Northern Railway: thence along said Easl righl-of-way line N02'07'43"E 1709.63 feet; then~ tangent 10 the preceding course along the arc of a curve to the left having a radius of 2107,00 feet and a central angle of 14'09'08-, an arc length o( .520.44 (celIO the westerly line of the former Pugtt Sound Shore Railroad Company's Seanle Line; thence along said westerly line N.02·07'43"E 221.30 (cellO the southeaslerly line of the parcel conveyed 10 lIIe State of Washington by deed recorded under A.F.K 8412140016, King County records; thence along said southeasterly line N66')1'56"E 35.69 feel 10 a poinl on a line thaI is parallel with the South line of said Section 24, and passes through the most soulh<rly corner of the southenunost o( TWO concrete abutments ncar the westerly exlension of S. W. 161h Street; Ihence along said parallel line S87'4)'33'E 67.88 futlO the easlerly line of said (ormer Pugel Sound SlIore Railroad Company's Seanle Line; thence along said easterly line N02'07'43"E 11.96 fcello the southerly righl-of.way line of 1-405; thence along said soulll1:rly righl-of·way line 1':81 'Sr27"E 43.10 feel; thence tange01lo the preceding course along the arc of a curve to the left having a radius of 603. I 4 feel and a central angle ofl9'04 '30' , an arc length of 200.80 feet; thence tangent 10 the preceding curve N62'52'51"E 90.32 (eel; thence leaving said southerly rigbt·of·,,-ay line SOO'22'll'W 1022.22 feet to the North line of said Donation Land Claim No. 46; thence along said North line 587')3'57"E 1462.38 feel 10 the.POINT OF BEGINNIN.G. Contains 71.83 Acres of Land mOfe or less. The Basis of Bearings for this descriplion is the Record of Survey for Broadacres, Inc., recorded in Boot of Surveys at page 2, under Recording No. 1107289002, King County records. " .. ~ /;c-//-y/ ., ) ",,->- ) PARCEL B All !hal certain real property situate in !he City of Renton, County of King, Slate of Washington, being a ponion of Herny A. Meader's Donation Land aaim No. 46 in Seaions 24 and 25 . . . . Towmhip 23 N., Range 4 E., W_ M., and a ponion of Govenunem LoII3 in said Seaion 24, and being more panicularly described as follows: BEGINNING at !he NOMwest comer of said Govemmenf l..oI 13; !hence from sak1 POINT OF BEGINNING along the NOrlh line of said Govenunenl l..oI 13 S87'26'45'E 504.52 feet 10 !he nonherly prolongation of theEasI line of said Donation !.and Claim No. 46; !hence along ~~Id prolongation and Easlline S02'46'03'W 1336.8610 lIle NOM line of!he City of Seanle Bow Lake Pipeline righl-of-way as wnveyed by deed recorded under Recording No. 4131067, King County records; !hence along said Nonh line from a wigen! thaI bears S84 '32'34 'W, along the arc of a curve to !he left having a radius of 935.00 feel and a.ccntral angle of 11'41'46', an arc leng!h of 192.50 feel; !hence t:mgem 10 !he preceding curve Sn'44'4S'W 288.62 feel; !hence leaving·said NOM line NOI'02'56"E 154.52 feel; thence NOO'56'17"E 1326.91 feel 10 !he POINT OF BEGINNING. Contains 15.51 Acres of Land more or less. The Basis of Bearings for this descriplion is the Record of Survey for Broadacres Inc., recorded in Book 10 of Surveys al page 2, under Recording No. 1707289002, King Count)' records. MAUFWC 11-07·9) PARCELB.LEG 3·2464·3806 200604200010371-'; . i \ " ! : 200604200011).~'' .-.", I " , PARCELC All thai cerWn real prOperty siruate in !he' City of Renton, County of King, Slate of Washington, being Ibat portion of Henry i.. Meader's Donation Land Claim No. 46, in Seruon 25, T.23N., R.4E., W.M., described as follows: BEGINNING at the intersection of !he Soulb line of said Donation Claim, and the East lin. of Government Lot 10 in the N.E .• " of said Sectioil2S; thence from said POlt.T OF BEGINNING along said South line N81"l3'S1"W 1842.90 feet to the East line of the Burlington Nortl1em Railway; thence along'lasl said East line NOr06'48"E i29.69 (eel and NOr01'43"E 251.58 fccl 10 the Soulb line of the' Bow laI:e Pipe Line as conveyed by deed recorded under recording No. 4131067, King County records; thence along said South line S87'13'57"E 1377.63 fccl; thence langen! 10 the preceding course along the arc of a curve to'the left having a radiuf 'of 152.55 fcci and a cenlfal angle of 20'01'1:;"", an art length of 53.30 feel; 'thence tarigenllo the preceding curve N72'44'48"E 427.04 feet to Ibe nortl1erly prolongation of the East line of Government Lot 10; thence along said norlberly prolonga!ion SOl '02'S6"W 536,89 feet to the POINT OFBEGINNING. Conlains 16.81 Acres of land more or less. Th' Basis of Bearings for this description;' the Record of Survey for Broadacres Inc., recorded in Book 10 of Surveys al page 2, under Recording No. 7107289002, King County records. / LS. 27193 MAOFWC 11-07-91 PAR CELC. LEG 3·2464-3806 " ,} .' PARCEL F All that certain re<ll property situate in the City of Renton, County of ~ing, SI,ne of 1_ Washington, being a portion of Government Lots 10 & I I in Seciion 25~ Township 23N., Range 4E., W.M., and being more panicularly described as follows: BEGINNING 21 the intcrseaion of lIle South line of Henry A. Meader's Dcmaljon Land Claim No. 46, willl lIle Eas! line of said Government Loll 0; thence from. said POINT OF BEGINNING along nid Eas! line SOl'02'56'W 255.38 feet; thence leaving said Easl line N8S'16'5S'W 11147.57 .feet 10 a poinl on Ibe Easdine of the Burlington Northern Railroad rigb!-<lfWllY which is 289.12 feet Southerly, as measured along said rigbr-<lfway line, from the intersection Ibereof with the South line of said Donation Land Claim No. Mi; thence along last· said East line N02'06'48'E 289.12 fee! to the South line of said Donalion Und Claim; thence along said Soulb line S87"13'5'7'E 1842.90 fuEto Ibe POINT OF BEGINNING. Contains 11.'53 Acres of Land more or less. , The Basi' of Bearings for Ibis description is Ibe Record of Survey for Broadaeres, Inc., recorded in Book 10 of Surveys al page 2. under Recording No. 7707289002, King County records. FWC 1J·21·91 PARCELF.LEG 3·2464-3806 , I '. 20060420001032.~: PARCELG All thai cefl.3in real propeny silUalC in the City of Renlon, County of King, S13lC of Washingwn, being a portion of Government Lou 10 and 11, and of the S.W. ](4 of !he N.E. )/4, and ofllleS.E. 1/4 of !he N.W. 114, all in Section 25, Township 23N., Range4E.,W.M., and being more p:utlcularly described as follows: BEGINNING al a polnl on the East line of said Governmenl Lot 10, distant !hereon SOI'02'S6'W 255.38 feet from the inwsection thereofwi!h the Sou!h line orRmI)' Meader's Donation land Claim No. 46 thence from said POINT OF BEGINNING, along said East Iinc of Governmem Lot 10, and !he easl line of said S.W. Jl4 of the N.E. 114 of Section 25, SOI'02'56'W 1112.01 feel 10 a line !hal is parallel wi!h and 545.6 foel northerly o( the Easl· Wesl cenleC/ine of said Section 25 (measured along the Easlline or said S. W. 114 Qf!he N.E. 1/4); !henu along said parallellinc N87·57'42"W 1908.19 fcci 10 a line thai is parallel wi!h and 60.00 feet Easl of !he Easl line of !he BurlingtOn Norlhem Railway right-of·way; !hence along last said parallel line N02'06'4S"E 554.4S feel; !hence N04'OS'49"W 550.24. feel 10 a poinl on said Easl Iilll: of said BurlingtOn Norlhem Railway right-of·way. distant !hereon S02'06'48'W 289.12 fcct from the inlCfscaion thereofwi!h the South Line of said Donation Land Claim No. 46; lIIence S88'J6'55'E 1847.57 fccito lIIe POINT OF BEGINNING. Contains 46.06 Acres of land more or less. The Basis of Bearings for this description is the Record of Survey for Broadaeres, Inc., recorded in Boole 10 of Surveys at page 2, under Recording No. 7707289002. King County records. FWC 11·27-91 PARCELG.LEG 3·2464-3806 ) , .,' .. " ........ . ,:: ";-, ~:\." PARCEL I All that certain real property situate in lIle City of Remon. Counly of King. Slale of Washington. being a ponion of me S. W. 114 of me N.E. 1/4, and of lIle N. VI. 114 of lIle S.E. 114 of Seaion 24. Township 23 Noeth, Range 4 Easl, Willamene Meridian. an.d being mOre particularly described as follows: Commencing al the intersection of the Noeth margin of S.W. 16th Strcct (South lS3rd SI.), with the West boundary of C.D. Hillman's Earlington Gardens Addition 10 the City of Seanle, Division' No. I, as" per the Pial recorded in Volume 17 or Plats, Page 74, Records of King County; mence from said POINT OF COMMENCEMENT, Westerly along said Noeth margin, 350 feel to the TRUE POINT OF BEGINNING of this PARCEL I; thence from said TRUE POINT OF BEGINNING. continuing ~y atung-said 1'I{lIdllllai"tIIf"S8,"j1'S1-W 257.00 "" " feet; thence leaving said Northerly margin at right angles. NOO"22'03"W 214.06 feel to the SouJherly righc-of way line of SR 405; thence aIo1lg said Southerly right-of-way line from a langen5diat bears N7S"13'53"E. along the aCeofa curve to the right having a radiusof2765.00 fcct. and a central angle of 05"23'22", an arc lenglh of 260.09 feel; thence leaving said SOOtherly right-of-way line SOO"22'03"E 253.41 feet to the TRUE POINT OF BEGINNING. CONTAINS' 1:39 Acres of land more or less, 200604200010:\7 ".;- The Basis of Bearings for llIi! description Is llIe Record of Survey for Broadacres, Inc., recorded in Book" 10 of SUrveys at Page 2, under Recording No. 7701289002, King CountY' records. , live i !·21:9.1 PARCEU.LEG ).2464-3806. :* . PARCEL I All thaI cenain real property siruale in the City of Renlon, County of King,.SI.I. of Washinglon. being Government Lol 14, and a ponion of Government Lol 8, both in Seclion 24. Township 23 North, Range 4 Easl, Willamene Meridian, and a panion of the N. W. 1/4 of the S.E. '''4 of said Section 24, and a ponion of the N.E. 1/4 of the S.E. 1I4 of said Seclion 24, and being more particularly described as follows: r. BEGINNING al the SouthweSI corner of the N .E. 1/4 of the S.E. 1/4 of said SeClion 24: thence from said POINT OF BEGINNING, along the East line of said Governmem LeI 14 SOO"56'n"w. 68.96 feet to the North line of Henry A. Meader's Donation Land Claim No. 46: thence along said' North line'N87°13'57"W 1462.38 feet; thence leaving said North line Noo·22·II-E 1022.22 feel to the southerly right·or-way line or 1-405; thence along said southerly right-of-way line and the south right-of-way line of S.W. 16th Street from a tangent that bears N62"S2'S7"E, along the arc of a curve to the right hav.ing a radius 0£543.14 feet and ~ central angle of26· 45'00" • an arc length of 253.58 feet; 'thence tangenl to th~ prece'fiiigeurve"N89°3T57"E1:079:63 fur, thence tangent 10 the preceding course along the arc of a curve to the left having a radius of 1940.08 feet and a central angle of 02"52'00" , an arc length of 97.07 feet; thence tangentto the preceding curve N86"4Y57"E 4.56 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 1880.08 feet and a central angle of 0 1°32'55" , an arc length of 50.81 reet: to the northwest corner of the parcel conveyed to the City of Renton under A.F. 118911030810, King County records; thence along the boundary' of last said parcel S08°35'56"W 42.70 feet and N79°13'48"E 52.00 feet to the west bank of the White River Drainage Ditch No. I; thence along said west bank the following courses: SOO"34'04"W 138.18 feet, SZ7°0S'00"E 186.06 feet. S29·52'37"E 79.58 feet, S35"ST46"E 133.48 feet, S31"Z3'55"E 99.64 (eet, S~S °12'00"E 170.;'4 feet, S60012'45"E 105.81 feet, SSoo4O'2S"E 141.98 feet, S400S2'33"E 144.78 feet, S34°40'43"E 132.06 feet, S18°10'4S"E 75.74 feet, and S24°S4'27"E 64.27 reet to the South line of the N.E. 1/4 of the S.E. 1/4 of s!id Section 24; thence along last said South line N87"26'4S" W 899.63 feet [0 the POINT OF BEGINNING. Contains 47.38 Acres of land more or less. The :Basis of Bearings for this description is the Record of Survey (or Broadacres Inc., recorded in Book 10 of Surveys at page 2. under Recording No. 7107289002, King County records. , L:S".27193 200604200011)!\? "r~ PARCELJ All lIlal aonain real propeny situate in lIle City oC Renton, County oC King, State· of Washington, being a ponion oC lIle S.W. 1/4 oCthe N.E. 1/4, and oC!he N.W. 1/4 of !he S.E. 114 oC Section 24, Township 23 Nonh. Range 4 East, Willamette Meridian, ~ being more panicularly described as Collows: Commencing at lIle intersection of the Nonh margin oC 5, W. 16th Streec (Soulll IS3rd St.); with !he West boundary of C.D. Hillman's Earlington Gardens Addition to !he City oC Sean!e. Division No. I, as per lIle Plat recorded in Volume 17 DC Plats, Page 14, Records of King County; thence from said POINT OF COMMENCEMENT, Westerly along said Nonh margin, (1)1 Ceet to the TRUE POINT OF BEGINNING oC this PARCEL J; theoce feom said TRUE POINT OF BEGINNING, continuing WesterlY along' said tlOtd. margirr S89"37'S7"W 120.00 feet; thenao _leaving said Northerly margin a_t right angles, NOOon'Orw 187.01 feet to. the Southedy right-of way line of SR 405; lIlence along said Southerly right-of-way line from a tangent.that bears N15"40'S6"E. along the arc oC a curve to the right liaving a radiusof276S,OO feet, and a central angle of 02°32'57", an arc length of 123.02 feet; thence leaving said Southerly right-of-way line SOO-n'03"E 214.06 feet to Ibe TRUE POINT OF BEGINNING.. eONTAlNS' 0.55 Acr-es of land more or less. The Basis of Bearings for Ibis description is the Record of Survey for Broadacres, Inc., recoroed in Book Hj of Surveys at Page 2, under Recording No. 1707289002, King Countj records. FWC Il·21~l PARCEU.LEG 3-2464·3806 ,. 20060420001QlI? ,,: '. . PARCEL K AI! th.t ceruin real property situate in the City of Renton, County of King. State of Washinglon, being a ponion of the N.W. 114 of the S. E. 114 of Seclion 24. Township 23 Nonh. Range 4 Easl, Willarnene Meridian, and being more particularly described as follows: Commencing at the inlerseaion of the Nonh margin of S. W. 16th Street (South IHrd SI.), with the West boundary of CO. Hillman's Earlington Gardens Addition 10 the City of Sean Ie, Division No. I. as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King County; thence from said POINT OF COMMENCEMENT, Westerly along sailf Nonh mugin, 727 f."t to the TRUE POINT OF BEGIN~ING of this PARCEL K; thenee from said TRUE POINT OF BEGINNING, continuing Westerly along said Nonh margin S89°37'57"W 62.00 feet; thence'l~ving said Nonherly margm ai nghl 'angles, NOO"22'03"W·nO.90 feet io the Southerly right-of way line· of; SR 405; thence along said Southerly right-of·way line from a IaJlgent that bears N74°2I'17"E, along the arc of a curve to ~eright lIaving a radius of 2765.00 feet, ~ a central angle of 01°19'39" ,an arc length of 64.06.feet; thence leaving said Southerly right-of·way line Soo022'03"E 187.07 feet to the TRUE POINT OF BEGINNING. CONTAINS 0.25 Acres of land more or less. The Basis of Bearings fo~ this description is th.e Record of Sut'vey' for Broadacres, Inc., recorded in Book 10 of Surveys at Page 2, under Recording No. 7707289002;Kirig County records. FWC 11"·21·91 PARCELK.LEG 3·2464·3806 . PARCEL L All thai cenain real property siruale in the City of Renton, CounlY of King, Slale of Washinglon, being a portion of \be N.W. 1/4 of the S.E. 1/4 of Section 24, Township 23 North, Range 4 Easl, Willamene Meridian, and being more panicularly described as fOllows: Commendng 'al the inlersection of the Nonh margin of S.W. 16th Street (South 153rd SI.), with the Wesl boundary of C.D. Hillman's Earlington Gardens Addilion 10 the City o-f Seanle. Division No. I, as pc: the Pial recorded in Volume 11 of Plats. Page 74. Records of King County; 'thence from said POINT OF COMMENCEMENT, Wo!Sterly along said North margin. 789 reet to the TRUE POINT OF BEGlN,,!ING of this PARCEL L: thence from said lRUE . . POINT OF BEGINNING. continuing Westerly along said Nonh margin S89"3T5rW 65.00 feet; thence NOO"22'03'W 15.00 feet;--tbenc:c 589°J7'51'W 5Q.OO -feet; ""'nce leaving said Northerly maigln at right angles,-Noooll'03'W 121.79 feet 10 \be Southerly righl-ofway line of SR 405; thence along said Southerly right-of-way line from a tangent that bears N71°:z.2'OS"E. along the arc of a curve to the right having a radius of 2765.00 feet, and a central angle of 02 °29'09" , an arc length of 119.96 (eet; Ihence leaving said Southerly right-of- way line'Soo"2pOJ'E 170.90 reet 10 the TRUE POINT OF BEGINNlNG. CONTAINS 0.39 Acres of:land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres, Inc., recorded in Book 10 of Surveys at Page 2, under Recording No. 7707289002, King CountY records, FWC '''.21;91 PARCELL.LEG 3-2464--3806 200604200010.'''' .. _ PARCEL M All that ceruin real propeny situate in the City of Remon, County of King. Slate of Wash.ington. being a ponion of the N.W. 114 of the $.E. 1/4 of Section 24, ToWnship 23 North, Range 4 East. Willamene Meridian, and being more panicularly described as follows: Commencing at the intersection of the North margin of S. w. 16th Street (South ISJi-d St.), with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City oeSealtle, Division No. I, as per thePlal recorded in Volume 17 of Plats, Page 74, Records of King County; thence from said !'OINT OF COMMENCEMENT, Westerly along said North margin, 854 feet; thence NOO"22'OrW 15.00 feet; ihence S89"J7',57"W 50.00 feel to the TRUE POINT OF BEGINNING of this PARCEL M; thence from said TRUE POINT OF BEGINNING, continuing along said North margin ~89'37'57"W 65.00 feet; thenc:e_S44:~1'57"W 21~.!Jeet; .the~,= S89°37'S7"W 124.11 feet; to· the Easterly line Of a parcel conveyed to Ihe SLaIe of Washington by deed recorded under Auditor's File No. 5494126, King C()unty records; thence leaving said North marginofS.W. 161h Street along last said Easterly line N22*42'J3"W 56.60 fee! to the Southerly right-of way line of SR 405; thence along said Southeriy right-of-way line on a spiral chord bearing of N666 4Q'47"E 68.54 fcct; thence from a tangent that bears N6S"17'56"E, along the . .. . - arc of a reeve to the right having a radius 0(2765.00 feet, and a central angle of 03 °34 '21" , an arc length onn:48 :feet; thence leaving said Soulherly right-of-way line SOO"22'03"E 121.79 feet to Ihe TRUE POINT OF. BEGINNING. CONTAINS 0.46 Acres of land.more or less. The Basi. of Bearings for this description i. the Reccrd of Survey (or Broadaere., Inc., recorded in l!ook 10 of Surveys at Page 2, under Recording No. 770n89002, 'King County records. FWC 11-21·9C PARCELM.LEG 3-2464-3806 .. 20060420001032.0" 20060420001(1..'32':' " PARCELl: LOTS 1 TIlROUGH 13 IN BLOCK 11 OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME 10 OF PlATS, PAGE 97, RECORDS OF KING COUNTY; exCEPT THAT PORTION TIlEREOF CONVEYEO TO THE CITY OF RENTON BY DEEDS RECORDED UNDER RECORDING NOS. 7203140338 AND 9406070578; TOGEmER WITH LOTS 1 THROUGH 8 IN BLOCK 1 OF SARTORISVILLE, AS PER PlAT RECORDED IN VOLUME 8 OF PLATS, PAGE 7, RECORDS OF KING COUNTY; EXCEPT THAT PORTION OF SAID LOT 1 CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO. 7203140338, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY ALONG THE NORTHERlY LINE THEREOF A DISTANCE OF 13.50 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13.50 FEET, THROUGH A CENTRAL ANGLE OF 90', AN ARC LENGTH OF 21.20 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT, 13.50 FEET SOUTHERlY OF THE NORTHERLY CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13.50 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY ALONG THE NORTHERlY LINE THEREOF A DISTANCE OF 13.50 fEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13.50 FEET, THROUGH A CENTRAL ANGLE OF 90', AN ARC LENGTH OF 21.20 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT, 13.50 FEET SOUTHERLY OF THE NORTHERLY CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13.50 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING; AND TOGETHER WITH THE WEST 83.5 FEET OF LOTS 11 AND 12 IN BLOCK 1 OF SAID PLAT OF SARTORlSVILLE; EXCEPT THE NORTH 20 FEET OF SAID LOTS 11 AND 12; AND TOGETHER WITH LOTS 1 AND 2 OF RENTON BOilER WORKS SHORT PLAT NO. 282·79, ACCORDING TO THE SHORT PLAT RECOROED UNOER KING COUNTY RECORDING NO. 7907109002; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON; ; 200604200011T,s2.!.i_ PARCEL 2: LOTS 3, 4 AND 5 IN BLOCK 4 OF RENTON FARM ACREAGE, AS PER PlAT RECORDED IN VOLUME 12. PAGE 37, RECORDS OF KING COUNTY; SITUATED IN THE cm OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 3: THE WEST 17.5 fEET Of THE NORTH 30 fEET OF LOT 10, THE WEST 17.5 FEET Of LOTS 11, 12, ANI) 13, ALL OF LOTS 14, 15, AND 16, AND THE NORTH 30FfET OF LOT 17, ALL IN BLOCK 10 OF RENTON FARM PLAT, AS PER PLAT RECORDED IN 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY; TOGETHER WITH THAT PORTION OF THE VACATED ALLEY ADJOINING; EXCEPT THAT PORTION DEEDED TO THE CI1Y OF RENTON BY DEED RECORDED UNDER RECORDING NO. 7307090450; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE Of WASHINGTON. PARCEL 4: THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 Of SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60 FEET NORTH OF THE NORTHEAST CORNER OF LOT 13 IN BLOCK 10 OF RENTON FARM PLAT, AS PER PlAT RECORDED IN VOLUME 10 OF PlATS, PAGE 97. RECORDS OF KING COUNTY; THENCE NORTH, ALONG THE WEST LINE OF PARK AVENUE PRODUCED, 185 FEET; THENCE WEST 107.5 FEET; THENCE SOUTH 185 FEET; THENCE EAST 107.5 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR THE WIDENING OF 61l< AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO. 7206090448; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE cm OF RENTON FOR RIGHT-Of-WAY BY . DEED RECORDED UNDER RECORDING NO. 9406070574; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 5: PARCEL 8 OF CITY OF RENTON SHORT PLAT NO. 093-89, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8911149006; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. • , 20060420001 0!}2~ :):::. PARCEL 6: THAT PORTION OF THE SOUTH 660 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., WHICH UES NORTH OF THE NORTH UNE OF NORTH 6TH STREET AND BETWEEN THE NORTHERLY EXTENSION OF THE CENTERliNES OF PELLY AVENUE NORTH AND MAIN STREET, NOW WELLS STREET NORTH; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECORDED UNDER RECORDING NOS: 7108190352 AND 8509130916; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 7: PARCEL A OF CITY OF RENTON SHORT PLAT NO. 093-89, ACCORDING to THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8911149006; TOGETHER WITH LOTS 1 THROUGH 5 IN BLOCK 3 AND LOTS 1 AND 2 IN BLOCK 4 OF RENTON FARM ACREAGE, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 37, RECORDS OF KING COUNTY; AND TOGETHER WITH THAT PORTION OF VACATED STREET AI'ID ALLEY ADJOINING, AS VACATED UNDER CITY Of RENTON ORDINANCE NOS. 3319, 3327 AND 4048 WHICH, UPON VACATION, ATTACHES TO SAID PROPERTY BY OPERATION Of LAW; AND TOGETHER WITH THAT PORTION Of THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., WHICH UES BETWEEN THE WEST UNE OF SAID VACATED ALLEY ON THE EAST AND THE EAST LIEN OF SECONDARY STATE HIGHWAY NO. 2-A (PARK AVENUE EXTENSION) ON THE WEST; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECORDED UNDER RECORDING NOS. 5180889 AND 9406070579; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 8: THAT PORTION Of THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION WITH THE NORTHERLY PRODUCTION Of THE WEST LINE OF PARK AVENUE, AS SHOWN IN THE PLAT OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY; THENCE SOUTHERLY ALONG SAID PRODUCTION, TO A POINT 715 FEET NORTH OF THE SOUTH UNE OF SAID SUBDIVISION; THENCE WEST PARALLEL WITH AND DISTANT 715 FEET NORTH FROM SAID SOUTH LINE TO THE NORTHERLY PRODUCTION OF THE CENTER LINE OF PELLY STREET; THENCE SOUTH ALONG SAID PRODUCED CENTERLINE, TO THE NORTH OF SOUTH 660 FEET OF SAID SUBDIVISION; .' .. THENCE WEST AlONG SAID NORTH UNE TO THE NORTHERLY PRODUCTION Of THE CENTER UNE OF MAIN STREET, NOW WELLS AVENUE NORTH, AS SHOWN IN THE PLAT OF RENTON FARM PLAT NO.2, AS PER PLAT RECOROED IN VOLUME 11 Of PLATS, PAGE 32, RECORDS OF KING COUNTY; THENCE SOUTHERLY ALONG SAID PRODUCTION TO THE NORTH UNE OF NORTH 6 TH STREET; THENCE WESTERLY ALONG SAID NORTH UNE OF NORTH 6TH STREET TO THE EASTERLY MARGIN OF THE ABANDONED BURUNGTON NORTHERN RAILROAD RlGHT-Of·WAY; . THENCE NORTHERLY ALONG SAID RIGHT -OF-WAY TO THE NORTH UNE OF SAID SUBDMSION; THENCE EASTERLY ALONG SAID NORTH UNE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONVEYED TO THE·CITY OF RENTON FOR THE WIDENING OF NORTH 6TH STREET BY DEEDS RECORDED UNDER RECORDING NOS. 7106110508, 7106110510, 7106110511, 8509100968, 8509130916 AND 8509130917; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL9-A: THAT PORTION OF THE SOUTHEAST 1/4 Of THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING SOUTHERLY OF NORTH 6TH STREET, WESTERLY OF LOGAN . STREET NORTH EXTENSION (LOGAN. AVENUE NORTH) AS DEEDEO TO THE STATE Of WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 3261297, EASTERLY OF CEDAR RIVER WATERWAY (COMMERQAl WATERWAY NO.2), AND NORTHERLY OF THAT CERTAIN TRACT OF LAND CONVEYED TO RENTON SCHOOL DISTRICT BY DEED RECORDED UNDER R8;ORDING NO.S701684; EXCEPT THAT PORTION CONVEYED TO THE BOEING COMPANY BY DEED RECORDED UNDER RECORDING NO. 5907048 (ALSO BEING THAT TRACT DESCRIBED IN PARCEL 10 FOLLOWING); SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 9'6: THAT PORTION OF GOVERNMENT LOTS 1 AND 3 IN THE EAST 'h OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., AND OF C.H. ADSIT'S LAKE WASHINGTON PLAT, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, AND CERTAIN VACATED STREETS, AVENUES AND ALLEYS IN SAID PLAT, ANO CERTAIN SHORE LANDS AND VACATED LOGAN STREET NORTH (FORMERLY WILLIAMS STREET NORTH), IN SAID SHORE LANDS, ALL OESCRIBED AS FOLLOWS: BEGINNING AT THE [NTERSECTION OF THE NORTH UNE OF SIXTH AVENUE NORTH AND THE WEST UNE OF LOGAN STREET NORTH; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOGAN STREET NORTH TO THE EAST-WEST CENTERliNE [N SAID SECTION 7; THENCE EASTERLY ALONG SAID CENTERUNE OF SAID SECTION TO THE WESTERLY LINE OF SAID LOGAN STREET NORTH, AS THE SAME IS CONVEYED NORTH OF SAID SECTION LINE; . THENCE NORTHERLY ALONG SAID WEST LINE OF SAID LOGAN STREET NORTH TO AN ANGLE POINT IN SAID WEST LINE; '\ '<Lll~j;j;1 THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY UNE OF SAID LOGAN STREET NORTH TO AN INTERSECTION WITH A UNE PARALLel WITH AND 30 FEET NORTHWESTERLY OF THE GOVERNMENT MEANDER UNE IN SAID GOVERNMENT LOT 1; THENCE NORTHERLY ALONG SAID PARALLEL UNE TO A POINT ON THE NORTHEASTERLY UNE OF SAID VACATED LOGAN STREET NORTH; THENCE ALONG SAID NORTHEASTERLY UNE, NORTHWESTERLY TO AN ANGLE POINT IN SAID NORTHEASTERLY UNE; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY UNE OF SAID VACATED STREET TO THE INNER HARBOR UNE OF LAKE WASHiNGTON; THENCE SOUTHWESTERLY ALONG SAID INNER HARBOR LINE TO THE EASTERLY LINE OF THE RIGHT- OF-WAY OF COMMEROAl WATERWAY NO.2; THENCE SOUTHERlY, ALONG THE EASTERLY LINE OF SAID WATERWAY RIGHT-OF-WAY, TO ITS INTERSECTION WITH THE NORTH LINE OF SAID SIXTH AVENUE NORTH; THENCE EASTERLY ALONG SAID NORTH UNE TO THE POINT OF BEGINNING; TOGETHER WITH BLOCK C OF THE 3"D SUPPLEMENT OF LAKE WASHINGTON SHORE LANDS; SITUATE IN THE OTY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEl9-C: AN IRREGULAR TRACT OF lAND lYING IN THE SOUTHWEST 1/4 OF SECTION S, THE SOUTHEAST 1/4 OF SECTION 6, THE NORTHEAST lf4 OF SECTION 7 AND IN THE NORTHWEST 1/4 OF SECTION 8, All IN TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS· OF LAKE WASHINGTON SHORE LANDS, AS SHOWN ON SHEETS NOS. 3 AND 4 OF MAP PREPARED BY UDa HESSE AND FILED IN CAUSE NO. 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTITlED SEATTlE FACTORY SITES COMPANY, ET Al VS. ANNIE J. ADAMS, ET AL, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTiON 8, TOWNSHIP 23 NORTH, RANGE S EAST W.M.; THENCE NORTH 88°51'05~ WEST ALONG THE NORTH LINE OF SAID LOT 1, AND ALONG SUCH UNE PRODUCED WESTERLY 960.01 FEET, MORE OR lESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY; THENCE CONTINUING NORTH 8S051'OS" WEST ALONG THE NORTH LINE OF SAID LOT 1 PRODUCED WESTERLY, 761.39 FEET, MORE OR lESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY LINE OF THE SHUFFLETON STEAM PLANT PROPERTY; THENCE NORTH 43°06'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTY, 6BO.O~FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR UNE Of LAKE WASHINGTON SHORE lANDS AS LAID OUT BY THE STATE OF WASHINGTON; THENCE SOUTH 46°52'27" WEST ALONG SAID INNER HARBOR LINE 858.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 46°52'27" WEST ALONG SAID INNER HARBOR LINE 726.94 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF THE' VACATED COUNTY ROAD NO. 376, ALSO KNOWN AS RAILROAD AVENUE, WILLIAMS STREET AND LOGAN STREET IN THE CITY OF RENTON, SAID ROAD SEING EXTENDED NORTHERLY; THENCE SOUTH 14 0 36'26" EAST, ALONG THE EASTERLY MARGIN OF SAID EXTENDED COUmY ROAD 817.ot FEET TO AN ANGLE POINT IN THE EASTERLY MARGIN OF SAID ROAD; THENCE SOUTH 41'22'31" EAST AlONG SAlD EASTERLY MARGIN 514.19 FEET TO A POINT UPON THE NORTHERLY BOUNDARY OF THE BOEING COMPANY PROPERTY KNOWN AS PARCEL V; THENCE SOUTH 66'24'16" EAST AlONG SAID NORTHERLY BOUNDARY OF PARCEL V 217.51 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RlGHT.QF-WAY OF THE NORTHERN PAOFIC RAILWAY COMPANY, SAID INTERSECTION BEING POINT ON A CURve OF RADIUS 14S2.71 fEET FROM WHICH THE CENTER OF THE ORCLE BEARS SOUTH 62'38'53" EAST; THENCE NORTHEASTERLY AlONG SAlD RIGHT-Of-WAY ON A CURVE TO THE RIGHT AN ARC LENGTH OF 316.79 FEET TO A POINT FROM WHENCE THE CENTER OF THE ORCLE BEARS SOUTH 50"24'2)" EAST; THENCE NORTH 14'34' 18" WEST 1,546.44 FEET TO THE TRUE POINT OF B83INNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 9-0 AN IRREGULAR TRACT OF LAND LYING IN THE SOUTHWEST 1/4 OF SECOON S, THE SOUTHEAST 1/4. Of SECTJDN 6, THE NORTHEAST 1/4 OF SECOON 7 AND IN THE NORTHWESt 1/4 OF SEcnon 8, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS, AS SHOWN ON. SHEET NOS. 3 AND 4 OF MAP PREPARED BY UDO HESSE AND FILED IN CAUSE NO. 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET AL VS. ANNIE J. ADAMs, ET ALAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT I, SEcnON 8, TOWNSHIP 23 NORTH, RANGE S EAST W.M.; THENCE NORTH 88'51'05" WEST ALONG THE NORTH UNE OF SAID LOT I, AND ALONG SUCH UNE PRODUCED WESTERLY, 960.01 FEET, MORE OR LESS, TO AN INTERSEcnON WIT.H THE WESTERLY MARGIN OF THE RIGHT -OF-WAY OF THE NORTHERN PAOfIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88'51'05" WEST ALONG THE NORTH UNE OF SAID LOT 1 PRODUCED WESTERLY 761.39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY UNE OF THE SHUffLETON STEAM PlANT PROPERTY; THENCE NORTH 43'06'56" WEST, ALONG SAID NORTHERLY PROPERTY UNE OF SAID SHUFFLETlltl PROPERTY, 680.06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR LINE Of . LAKE WASHINGTON SHORE LANDS, AS LAID OUT BY THE STATE OF WASHINGTON; THENCE SOUTH 46°52'27" WEST ALONG SAID INNER HARBOR UNE 607.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 46°52'27" WEST ALONG SAID INNER. HARBOR UNE 250.62 FEET; THENCE SOUTH 14')4'IS" EAST 1,546.44 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT -OF-WAY OF THE NORTHERN PAdFlC RAILWAY COMPANY, SAID INTERSECTION BEING POINT ON A CURVE Of RADIUS 1,482.71 FEET FROM WHICH THE CENTER. OF THE CIRCLE BEARS SOUTH 50'24'23" EAST; THENCE NORTHEASTERLY ALONG SAID RIGHT·OF-WAY ON A CURVE TO THE RIGHT AN ARC lENGTH OF 132.61 FEET TO A POINT OF COMPOUND CURVE OF RADIUS 2,052.27 FEET FROM WHENCE THE CENTER OF THE CIRClES BEAR SOUTH 45°16'28' EAST; <~ ...... , j! THENCE CONTINUING ALONG SAID RlGHT·Of·WAY MARGIN ON A CURVE TO THE RIGHT AN ARC LENGTH OF 214.91 fEET TO A POINT OF TANGENCY; THENCE NORTH 50·43'32" EAST ALONG SAID RIGliT·OF·WAY MARGIN 159.90 FEET; THENCE NORTH 20°38"24" WEST 700.61 FEET; THENCE NORTH 46°53'04" EAST 215.00 fEET; THENCE NORTH 43°06'56" WEST 713.67 fEET TO THE TRUE POINT Of BEGINNING; 5ITUATE IN THE DTY Of RENTON, COUNTY OF KING, STATE Of WASHINGTON. PARCEl 10: THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF COMMERCIAL WATERWAY DISTRICT NO.2 (CEDAR RIVER WATERWAY), AND WESTERLY OF LOGAN STREET NORTH EXTENSION (LOGAN AVENUE NORTH) AS DEEDED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. n61297, DESCRIBED AS: BEGINNING AT THE SOUTH MARGIN OF 6'" AVENUE NORTH AND THE WEST MARGIN OF LOGAN STREET NORTH; THENCE NORTH 89°34'11" WEST ALONG SAlD SOUTH MARGIN, 674.91 FEET, TO THE. MOST NORTHERLY AND WESTERLY CORNER OF A TRACT CONVEYED TO THE BOEING COMPANY, BY DEED RECORDED UNDER RECORDING NO. 5701663, AND THE TRUE POINT OJ'BEGINNING; THENCE CONTINUING NORTH 89°34'l1" WEST, AlONG SAID SOUTH MARGIN, 441.54 FEET TO THE EASTERLY RlGHT-oF·WAY UNE OF COMMERCIAL WATERWAY DISTRICT NO, 2, AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 211409; THENCE SOUTH 12°47'42. EAST, ALONG SAID RIGHT·Of·WAY UNE, 328.72 FEET TO THE INTERSECTION WITH A UNE PARALLEL WITH AND 320 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH MARGIN OF 6TH AVENUE NORTH; THENCE SOUTH 89°34'11" EAST ALONG SAID PARALLEL UNE, 366.34 FEET; THENCE NORTH 00'25'49" EAST 320.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON; PARCEL 11: THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., DESCR'~ED AS FOLLOWS: BEGINNING AT THE INTERSECTJON OF THE SOUTH UNE OF SAI.o NORTHWEST 1/4 WITH THE EASTERLY MARG!N OF PARK STREET, ALSO KNOWN AS SECONDARY STATE HIGHWAY NO. 2A; THENCE SOUTH 89'28'19" EAST ALONG SAID SOUTH LINE 771.21 FEET; THENCE NORTH 00°31'51" EAST 253.23 FEET TO THE TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT OF RADWS 850 fEET; 20060420001(1~2·:':· . J THENCE NOR.THERlY ALONG SAID OJRVE 274.B2 FEET TO THE POINT OF TANGENCY; THENCE NORTH 17°59'39" WEST 1484.Bl FEET TO A POINT ONA OJRVE OF A OJRVE TO THE RIGHT, SAlD POINT BBNG ON THE SOUTHEASTERLY ~lARGIN OF LAKE WASHINGTON BOUlEVARD; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT FROM WHENCE THE CENTER BEARS SOUTH 49°18'19" EAST 288.67 FEET; THENCE SOUTHERLY ALONG SAID CURVE 250.57 fEET TO THE POINT OF TANGENCY, SAID POINT OF TANGENCY BEING ON THE EASTERLY MARGIN OF SAlD PARK STREET; THENCE SOUTH 00°57'41" WEST ALONG SAID EASTERLY MARGIN 1581.30 FEET TO THE POINTOF BEGlNNlNG; EXCEPT THAT PORTION FOR PRIMARY STATE HIGHWAY NO.1 (SR 405) NORTH RENTON INTERCHANGE AS CONDEMNEO IN KING COUNTY SUPERIOR COURT CAUSE NO. 656U7; AND EXCEPT THAT PORTION(S) THEREOF CONVEYED TO THE CITY OF RENTON FOR 'PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO. 9703181422, BEING A RE-RECORDING OF 9612120855 AND RECORDING NO. 88111504B2; TOGETHER WITH THAT PORTION OF VACATED LAKE WASHINGTON BOUlEVARD; ADJOINING, WHICH. UPON VACATION, ATIACHED TO SAID PROPERTY BY OPERATION OF LAW; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 12: AN IRREGULAR TRACT OF LAND LYING IN THE NORTHwesT 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.,IN KlNG COUNTY, WASHINGTON, INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE lANDS AS SHOWN ON SHEETS NOS. 3 AND 4 Of MAP PREPAREO BY UDO HESSE AND FILED IN CAUSE NO. 156371 IN THE SUPERIOR COURT OF KlNG COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET Al VS. ANNIE J. ADAMS, ET Al, AND MORE PARTICUlARLY DESCRIBED AS FOLLOWS: BEGlNNING AT THE NORTHEAST CORNER OF GOvERNMENT LOT I, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;, THENCE NORTH 88°51'05" WEST ALONG THE NORTH UNE OF SAID LOT I, AND ALONG SUCH UNE PRODUCEO WESTERLY 960.01 fEET, MORE OR lESS, TO AN INTERSECllON WITH THE WESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PAOfIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88°51'05" WEST ALONG THE NORlti UNE OF SAID LOT 1 PRODUCED 'WESTERLY 761.39 FEET, MORE OR LESS, TO AN ExISTING CONCRETE MONUMENT, SAlO MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY UNE OF THe SHUFFLETON STEAM PLANT PROPERTY; THENCE NOR.TH 43°06'56" WEST, AlONG SAID NORTHERLY PROPERTY UNE OF SAID SHUFFlETDN PROPERTY, 680.06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR UNE OF lAKE WASHINGTON SHORE LANDS AS LAID OUT 8Y THE STATE OF WASHINGTON; THENCE SOUTH 46°52'27" WEST AlONG SAID INNER HARB,OR. UNE 607.89 FEET; THENCE SOUTH' 43·06'56" EAST 713.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 43°06'56" EAST 220.00 FEET; THENCE SOUTH 46·53'04' WEST 220.00 fEET; 20060420001032.: . THENCE SOUTH 31°3723" EAST 44B.22 FEEr TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGtfT-OF-WAY Of THE NORTHERN PACifiC RAILWAY COMPANY; THENCE ALONG SAID·MARGIN SOUTH 50.4-3'32" WEST 174.00 FEET; THENCE NORTH 200 3S'24" WEST 700.61 FEET; THENCE NORTH 46°53'04" EAST 215.00 FEET TO THE TRUE POINT Of BEGINNING; EXCEPT THOSE PORTIONS THEREOf CONVEYED TO PUGET SOUND POWER & UGtfT COMPANY SY DEED RECORDED UNDER RECORDING NO. 8BI2140277 AND fURTHER DEUNEATED AS PARCElS C AND D ON em' OF RENTON LOT UNE ADJUSTMENT NO. 004·88, RECORDED UNDER RECORDING NO. 8808309006; .. TOGETHER WITH THAT PORTION KNOWN AS PARCEL E OF Cm' OF RENTON LOT UNE ADJUSTMENT NO. 004·88 RECORDED UNDER RECORDING NO. 8808309006, DESCRIBED AS: BEGINNING AT THE ABOVE REFERENCED TO THE POINT OF BEGINNING; THENCE SOUTH 43°06'56" EAST 3.66 fEET; THENCE SOUTH 14°36'26" EAST 244.87 fEET TO THE TRUE TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 14°36'26" EAST 345.29 FEET; THENCE NORTH 31°37'32" WEST 309.63 FEET; THENCE NORTH 46°53'04" EAST 103.03 FEET TO THE TRUE TO THE POINT OF BEGINNING; SITUATE IN THE CITY Of RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 13: THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 8, TOWNSHIP n NORTH, RANGE 5 EAST, W.M., LYING EASTERLY Of THE ABANDONED BURUNGTON NORTHERN (LAKE WASHINGTON BELT UNE) RAILROAD RIGHT-Of·WAY AND LYING WESTERLY OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S.E.); . TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 2 IN SAID SECTION, DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY MARGIN OF THE ABANDONED BURUNGTON NORTHERN (LAKE WASHINGTON BELT LINE) RAILROAD RIGHT-Of·WAY AND THE . WESTERLY MARGIN Of PARK AVENUE (lAKE WASHINGTON BOULEVARD S.E.); THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY MARGIN 60 fEET TO THE TRUE TO THE POINT Of BEGINNING; THENCE SOUTHEASTERLY AT RIGtfT ANGLES THERETO 10 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF PARK AVENUE (lAKE WASHINGTON BOULEVARD S.E.); THENCE SOUTHERLY ALONG SAID MARGIN TO THE SOUTH LINE OF SAID GOVERNMENT LOT; THENCE WESTERLY TO SAID SOUTHEASTERLY RAILROAD MARGIN; THENCE NORTHEASTERLY TO THE TRUE POINT OF BEGINNING; 20060420001 032.~-; . .' EXCEPT THAT PORTION THEREOF CONDEMNEO FOR SR 405 BY KING COUNTY SUPERIOR COURT CAUSE NO. 656127; AND EXCEPT THAT PORTION THEREOF CONVEYEO TO THE CITY OF RENTON FOR WIDENING OF PARK . AVENUE NORTH BY DEEO RECORDED UNDER RECORDING NO. 9703181422; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 14: THAT PORTION OF THE BURlINGTON-NORTHERN INC. (FORMERLY NORTHERN PACIFIC RAILWAY CO.) 100 FOOT RAILWAY RIGHT-OF-WAY IN SECTIONS 7 AND 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING BETWEEN THE NORTH MARGIN OF NORTH 4TH STREET AND THE SOUTH MARGIN OF NDRTH 6TH STREET; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 15: THAT PORTlON.OFTHE BURLINGTON NORTHERN INC:S 100 fOOT RIGHT-Of-WAY FOR ITS BELT UNE IN GOVERNMENT LOTS 1, 2, 3 AND NORTHWEST 14 OF THE SOUTHWEST 14 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., AND GOVERNMENT LOTS 1 AND 2 IN SECTION 7, SAID TOWNSHIP AND RANGE, BETWEEN A WEST PRODUCTION OF THE NORTH LINE OF 6'" AVENUE NORTH AND A LINE EXTENDING SOUTHEASTERLY AND RADIALLY TO THE MAIN TRACK CENTER LINE AS NOW CONSTRUCTED FROM SURVEY STATION 1068+00 IN SAID CENTER LINE (DISTANT 40.8 FEET SOUTHWESTERLY, MEASURED ALONG SAID MAlN TRACK CENTER LINE, FROM THE SOUTHWESTERLY END OF BURLINGTON NORTHERN INCo'S 6RlDGE NO. J) AND SOUTHEASTERLY OF· THE FOllOWING DESCRIBED UNE: . BEGINNING AT A POINT 25 FEET SOUTHEASTERLY, MEASURED RADIi\LlY AND AT RIGHT ANGles TO THE CENTER UNE OF TRACK AS NOW CONSTRUCTED, FROM SURVEY STATION 1068+00; THENCE SOUTHWESTERLY IN A STRAlGHT UNE TO A POINT 25 FEET NORTHWESTERLY, MEASURED FROM THE SOUTHEASTERLY RIGHT-Of-WAY LINE AT SURVEY STATION 1074+00; THENCE CONTINUING SOUTHWESTERLY AT AN ANGLE TO THE RIGHT TO A POINT ON THE NORTHWESTERLY UNE OF THE 100 FOOT RIGHT-OF-WAY OF BURlINGTON NORTHERN INC. AND SOUTHEASTERLY OF SPUR TRACK HEAOBlOCK STATION 8+85.5 THE END OF DESCRIBED LINE AND END OF DESCRIPTION; SITUATED IN THE CITY OF RENTON, COUNTY OF KING; STATE DF WASHINGTON. 20060420001032.;::'" 20060420001032£"; ... .' . . . EXHIBITE Reserve Account Transaction and Status Report 20060420001032.:: : EXHIBITE Longacres Prepaid Trips Reserve Account Transaction and Status Report The agreement entered into by The Boeing Company ("Boeing") and the City of Renton ("City") dated ~-=-_::-__ ,-.,~..,.conceming the extension ofS.W. 27th Street (also known as Strander Boulevard) across the Boeing Loogacres Office Park ("LOP") property ("Strander Agreement") includes a provision for the establishment of a Reserve Account for the total number of LOP trips represented by the transportation mitigation fees satisfied under the Strander Agreement ("Prepaid Trips"). Prepaid Trips means the number of average daily trips to be generated by full development of 1IIe LOP 1IIat were estimated in the Environmental Impact Statement ("mS") Mitigation Document for the LOP, issued in May, 1995 (27,000 average daily trips), Jess those estimated trips for LOP development projects for which transpOrtation mitigation fees have been paid to the City.! As of the date of the Strander Agreement, the number of LOP Prepaid Trips was 23,970 average daily trips. The Reserve Acco\Jllt was created upon dedication by Boeing of the S. W. 27th Street cxlension right of . way, with an initial deposit of23,970 Prepaid Trips. Boeing may at its sole discretion withdraw from the Reserve Account all or a portion of the Prepaid Trips, to be credited against and to constitute full payment of the City transportation mitigation fees for the equal number of trips generated by development of any property within the City of Renton that was owned by Boeing on the date of the Strander Agreement and that would otherwise be subject to the City transportation mitigation fees. This Report, in form and content as depicted in 1IIis Exhibit B, shall be used by Boeing to report a transaction to withdraw, designate, or assign trips in the Reserve Account and by the City to record and acknowledge such transaction. Boeing shall submit the Report to the City at the time of a planned withdrawal. The Administrator of Planning. Building and Public Works shall acknowledge the withdrawal and designation by signature. Copies of the Report shall be placed in the City's project me for the receiving project and for the LOP Binding Site Plan, and a copy shall be provided to Boeing. . Numberof Balance of Acknowledgement of Trips in City File Number and Location Trips After Transaction and Balance Date Transaction of ReccivingProject Transaction by City of Renton Date2 +23,970 LOP Binding Site Plan, Longacres 23.970 G. Zimtmrman, Admin. I Boeing paid ttanspoJ1ation mitigation fees to tbe City at the time of development of the Boeing Commercial Airplane Group Headquart...-Building (2,100 average daily trips) and of the Boeing-Renton Family Can: Centre (930 average daily trips). The original 27,000 average daily trips for LOP. less 2. 100 and 930 trips for which fees previously paid, equals 23,970 aVer.lge daily trips prepaid under the SlraDder Agreement 2 The initial """saClion date, on which 23,970 Prepaid Trips will be credited in Ibe Reserve Account and documented in the LOP Binding Site Plan file, will be the effective date for the Boeing dedica1ion of the S.W. 27th Street right of way. " } /