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PARTIES OF RECORD AUTOZONE SITE PLAN -RAINIER LUAl0-004, SA-A, ECF Travest Story Petra Engineering, LLC 2602 N Proctor Street ste: #205 Tacoma, WA 98407 tel: (253) 752-7617 eml: travest.story@petraeng.net (applicant/ contact) Dorothy Meyer 146 SE 167th Street Kent, WA 98042 tel: (253) 631-3498 (party of record) Updated: 03/03/10 Brian O'Farrell O'Farrell Properties LLC PO Box 7603 Covington, WA 98042 tel: (253) 535-6035 (owner) Gretchen Kaehler Assistant Archaeologist Department of Archaeology and Historic Preservation PO Box 48343 Olympia, WA 98504-8343 (party of record) Nate Dolejsi 21 Armour Street Seattle, WA 98109 tel: (206) 851-6466 (party of record) (Page 1 of 1) SHEET INDEX SHFFTC,O OR"'1iNG&S'OlmOR.,NAGEP-"< SHECTC" '"•"',"I.AN SURVEY REFERENCES oo s ·"DC" eccoao.,,c NO ,:w_o 0 0 $ ,NO<R RSCORD>NG "~ "'°'°""'' HU' UNUei<aec~so,N~NO -·- "" ' UNO"" ••coRDlf,G NO -·:m,o RO S <JNnFR OFCORrnNG NO ..,,,.,,..,,o At T , S•aRVE< S<~EOME!R•S SUl>\"EW>C,, INC OA'ffi •:,,<,ax, coa GRCGC'C.,NOJ_ WA S1'TCHUC ~--"" ,o. s·.rcHWf., TA< PARC FL "AOSQF SEC 1~,:,o, VERTICAL DATUM ~:':c~F":~~T.;'r:' :':,'~~":.: :kCJJ>>AET E>.OOF coac cuaa 11 '"' caa""" ""''-"" ""'""'' , c,.,(Ct.!C,· ll,._,D SC o.c-,;,oN. "'"'""' "°"""""'' ~~~';;,r:~:c.::~:,:c':'. =~~SCONC STSPOCRo,;roooe Fill. SPECIACA TlON "·' MAreH,•c '"All ,~, cc,' -""~""-"UM f'SOWCTS OR"'"'"""'"' Wl<ICH '"' HAZ>>H>OCS Q,ONCCFm., -~,,c. ~• ""'c" °'"'""'SF'AC.ATF ,,u,rr,·s_rn,..,._ ~;o~~c;;=~ANte, COOE, see•''-'"'"'·°'"''· TRENCH NOTE: ,r ~s rn,m ,,. mrnct< o• °""'" e:<<Av"OON >O'JR~R \OOSS <EST ,N O<Pl"H TH'1 DOES ',01 t.CETnlC ~Nt ;~~~~e;;.c;;~,~~~;:; C~;:~;';/;,~~i, SO•>c•_"" SESO,:,NS,Ol.E •o• m•.s•SWET'/ ONO PFTI>A ENG•,cas,NG •ss.u"cs,o RCS<':,,S.~LTY "--'-'RENCH ... , .. , S,STCMS SH•CL MECT ,,,csw ... ,EMC:N,s0C '"' '-"'""'·HUN ·,c;.·s, .. AL s,.e.-,, 'NU hE"'-!H >Cl CHAPTSR UTlUTV NUlt:: lHF.OCA',O'"°'E<ISTNGUNCSRGaOlH)UllUll<S•RS '"""""~"'~'·''"""''''""'"""''"""""""'"' VCRIC,CD o, "'' """"' oa ,r5 •ePSC5£N""'1 "t ·,, CONTSAC•o• °"""'.,.... •• MINE 'HS ex,,.:r ,oc,nc,-, "' Al.l EX.S!INGUTILll!ESBE,ORECOMOENCINO',•,<;fOSANU AC,RCFS lO RF FIJI t, OFSPONSIR.F FOO AN' -Al.I. DA~AC,S TH,T H>F<'SN oi,e1~,•E MN'"CrnR'SF'I< uRF w,x•,c DC'C'<Y '"" Mest,,,:,-,..,..OAU. UN0SRGR0.ND Ul,U"C5 OC-0• ffiG"CERING "55'.tto'CS NC L1'~l 1vcue CHS .x,;,o" ''"•''8'GF<Ocs0.,..,1,,o TOPOGRAPHIC NOTE; 'H"'""'"°'"'JlT"R"' ANnrnPn,ao,,..,c,. °'""""""' 0" TH,S' 00•'-"G&""'"OC[N<'RCPAAIJO , ,,,,. [l,\S(D U>'UN "'~"~'""' F,RN• ... e<>O• UlHEOS "'<'LST • 0 l"'ORMWONISBtllcVelJ008Clfil/""-.e >'lc"<A Ff>OOIFFRING cmNCl ENSURE WCURAC' ""'" TH'JS>S t,0· aes,v,s;,eee '""'"' ,,cua,c, OF,..,,. ,oso,M,. DN oo f'JR ,,,v ffiR'JRS M OM'551'JN51'.HICH ~HHA"tl\Ee'< ,NCORP")RAT,0 ,..-ro TUE,i: DRmN(OSAS• ac,;.,._r CALI. .. 1115 IETill[WJUDC 1-I00-<2<-5555 :, . •;;·•t ', .,. . ,_:~ ''""'~ . ' -~ _· -~~ )S;>i";J C,fhi ;, • I' ·•·•1 . -~ ·,~ ~~~-· %~ 1: ... , 'i,, ~"' • ~"'b!: ~;<\r cl~ '''i' i ~ PROJECT INFO -'"'"'"'"'"""'' oee1,:,,u "'" ••ows«se· 1!11!'!!,,,,.,~,cc """" F'R~c-~S.S-F"" r•co .... w,_,. -~" POOO< '1070C '"''"''"''""'"' -..!UC l'l'{. ~ o;:' ' . .j ! AUTOZONE PROPERTY -COVERSHEEI' APORTIONOFTHENW l/40FSEC.18, TWP.23N.,RGE. 5B., WM .. i. QTY OF RENWN, KING COUNIT, WASJUNGTON .;i~?':',b ~h:~~~ !J,''. ~ Iii''" .... ,I ¥~' o<i," ·~,., 1 -------_-1 1 I -· .... S<r.>J' ~H I I !I ,, ,. 2 I I l ~~~ ·e~~ ~,,,,1;!11!~-=:··e·a·•''--"'''"'""'-"'"--5Pl.._-. · ~ ' --. -+ ! l .i· ,, , I• ,, ' ) " -· .-II•'''\.••• , lflJ..~!i:;, .. --.:, : -Ii ::·!I :.1-~,,~ . : , '"i N '1t>q.._, ·< f ,. ' :iJ/ ,t '' i .,. ,_ "'''""*""' llilt'lilfil\llM ~~ . i~ : . ,., t___--=.·=----<· -'I'·\ ... ~" e. .:.(; ...... ;\. 4' \li-,;.ii'~Jii ·'~,,i L--___ .., --:,.~··· "'' ''I ! -, ..,....-,--· ' -::',i-:J.-;-... / .r, -z"' ;<I"' t~f-'~'l:t~,;J -,"/'.. ~,., ":" .. ~ ~. . '\ I :· /' .. 1f\ s, "' "'"'" ------·-. L' I "' / \ \ ; ~ ~ I i \ ~ -·--· wmt~VEIU!NOA'IH ----· ''==--rt""'-~~r·,:.-;.,+=~·-.+=----"f=~ ------(111.a.C-----I"' .. I \ \ l-i§i 'nii . '' SITE DATA e j ;,.: ~~~;~'~,•\'IJ'<•,C-500ft" C• i<OOMMFRCII,( AA'FRW) / \ \ ' ' . "I ' ~r) :'.''~· ':'~'.·~j ti ~~:.~ :~~~::;: ii ·i~ 0, 0 ,,§i ' ~.(:jl!' ~ ''\',-, ; ··-~··,·-' ,. SYMBOL LEGEND --------------....... .._ .... • -- City of Renton Planning Division M/,X COTCQVO,oGa >QH!!Ull0-'<>S ~~\s~:~:~~':~""en'~" <> • • • • • • -------------- J/\N J II ~![» '"""'"""''"' CO~O•CTST•c.. CC.CtQeMeNf """""' ~~i'n";;~:~:~~~R~CeDTOCT ~~!?£E7if~•s• ... ,. a·,20rwrns1C<eS""Al~ ----• ---• ---... ,,.,_,...., -----LIi! -------··----.. 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ORTHFP>Y'1o,o &\ID ,,s,,ec,M,OC,,N ,,,,,.,,.,.m,HF•,-,s·. ,NFOFs.\•O CE'""" TR>.CT o, """ Recoecco '"°'' ''"G CCUN'• 'eco•c NG ·,o ,,,,.., 'HCNCC"-"'' "-""'" C-'CONu,·w .,Ne,,,,., •EE·rn·-,,a"eco.,10.ocG,,,,,G 5,• ,ot[" '•E '"' 0, SEN,QN,C,-,,o,YOF ""'C •T,!i'')S 'CAT l'C>RllON C-G0,"1.',"e><' -~l <ANO()' T><E ';<O<J'HEA'C'O<,;STA,~FTHfNnRTH,.f'SfC;,,.;alFSC< ~~'i,~i:~~:;.," ,oern """'·LSUc-1,,w 8EG,NIOO"•Hc•<l'NlC,.-INrCNScCll(:S0F-''c MSTERl• MAAG NOF THE DC 11·ca;:r., COUN'Y"G"' ::rr~,ri:~~f~f~:-::£~~;;H~i,,r?~~~, ... ,, .. ,._,,. 2'Ieee1 1U THc'/ .. cS"cl<lY~.OJ<U "• O> ~~%::~~:t:i:: ~~~;;:;rr~:::;:~;~~:t" ·a.eCD,N' OCO,G,NN,NGOCO"[ f«l,CT"CRE> oe;.,;e>eiw '"""'"N.,"'""''"....-e.<S "'·'"'" ·.,.,ceoc,1Ho,s,11·-s1 ,.,,,,ee-,orH<e.<S" WJaG N ccg• ~-/o;FN•" S'JU'• '°""""', C·~·'"'' R0"1 TsE,CES0'JlH ,, ,,...,, M'ST ~OMFFFl, '•CNCSS...,. "· e<'<''' e,ST,'"'"'"'''OlHFTR,,PM,N'~c i 0 i ~ ~ ~ ~ >ll il .u • ~~ ! 0. z J E-< .u ij i:r.l ~ ~! ij I I ., Cl.O ,,._,,. 0 ~;~~· I EAST ELEVATION -FRONT RANIER AVE. &col• ...... ,...... .. ... lu,: GLASS I JJl ') 50UTI-I ELEVATION -LEFT SIDE -hs, ... ., ..•. ., • ,. ' ' ==----hR,iEA;: ~~~l 3 -, ....... , ...... D" .. '!F· ,·-o· 1 I EXTERIOR ELEVATIONS (,) Pffl:f.i!St-(0 -ru,, c:)PING CTJJ)FI--81<Cwli (i) mo::() f.i6H Mil SMOOTH Fll:E CONCR(lf ""61)1,fflu .. r;.su ·-~CT~L SC>OEIH15 *' @~MlH~H/CC(lflN!Sf< ~ 4" 5PLJTFIC[ BLOCK COVJ!SE. SEE P~NI SCHl:•E TH~ SIi[[] © DTEIIO! 11<5(1lAT(0 flffS>< Sl'ilE~ - COL0HSll6(11)6~Dill11f. ® ~rrrm: FJ£E !llNOIITT w.soNR'! o..ios. SEE P...r [l(!~t SCHE:M[ !KS SH[El lf!ll.l. MOONT[O lDiT fl:CHIRE ~l>E GIJ,\RO 111TH RCD SLIM -~llCOIRCDtllEIAI.FlWil'Sruc• 1io:i~Pl¥m;l(5BIJI:~ 11)EXPlltSIONJ.IONl I /U!lajlJM SIOFIIJROIII -REDl<"r>WIFlN~H ol..0.55».Jl,UIIIHJMOOOl!S -ClW'1()1)1lWf1"5H 'i10II( AWi(';.<; -,. ,,mr REn.ECTM NUWBEl!S SCUPP!'l!SAWDOOWN'",PO!JTS.PIJMT{Dffilll.TCe BACIGR()UlaD WAU CDIOH, /,DJOCD/1 ,· "· I o· r WERFl.OII 9;:UF'l'[R. Fl-2" ~ RO<lf §.,·-~" TOl.[Tiil.i.l\ll:lll"Sl'>IINTTOIII.JCHlf!ll.l. l)EC(ll'<,1'1[ lllAI. ~.LIS 11':lR!( -PIKI 'Cl ~ICH @ :O:i/Cf.~I(( ~11€1( ~ 1H1S m PAHT l)EJl,ll SCh1EW[ l>I'; 511[(1 ® 2 IKEYNOTES >'ld·f1NISHEDWP1>¥; ~[O!UM 61UUE mLC« Sll'6091 IEUl&!:WHIT( - 4" ro.Jl!S[ ~~!H CWJ COI.OltSWtiO!lll NlJT\11,ICH l'flO COUIISf.5 Sl(()THrll:E CWU W.OR. ,W60'il __ , P.\fa; S;>LITTIO: CWJ COUJFI-SVIOO&I NU!>l'lCI< .3 I EXTERIOR WALL PAINT SCf·HIE City pf Renton 1?\an~inq Division J/1,N 1 ~ =' ''\\JI\';, ll)) ,,/ ,SL ~ ,; 0 z e 0 W ~ ~ 0 ~ 0 W N - j ~ ~10 ~z ~ <( ~(/) z <jO ~ fC :; ':J w cc zl~ ow cf-ffi X ~w ~~§ ~ .~ 1 8~J~ ~:'.: f§ ._,,_ t L~ i ii f i -,: :,;I---"""- 12-29-09 65W2-RIGHT A-2 ,- i I 'r,o,.--,13,.~···-· I ... ~-~~ i li·-:= _ 3~0Z~ L.W __ _ V.il 'NO!N3"11. HJ.nos 30N3A\' 1:!31Nl\'l:l 9l T :rnozornv L . . ! I 'I ·11 !! bi ~ I !, ,, ' I ' ,I •' ,!. •1· 'I ,., jl, ! :ill ,,~ ,, ,, " ~:rn ~§ 0 z w " w ~ w (L <{ u if) 0 z <{ ~ §~ ..---- go ..----' ' .....J J ~l J ,, ,I l'i li ,,111 ... th•; . tt h ,1 l 11•lp 1, 11 !J lit i;1n J! jl j! jf ,,LI "' HHH ,:000c5 ~ ~ '-...[ . -~D ~ ~ 1J O'ij OJ ~ :, ,t} )> :, z :, ffi -(0 -= JJ = 0 ~ ~-< (1) c;.:.· a ui ::i m 0 .-+ 0 [g :, ::; )> 8l ~ "' I N ...... 1; ~ © ' ___ _J_t-o· Fl~ISKED WALL TO FINISHED WALL a_ •. .. \ ~ ~ ~ ~ ~ "' L ROOF SLOPE OIR(CTION OF Architect: ARTlll'Jl'.1\VE 123 South Fnmt Street Memphis. Tcnncsscr; 38103 1 l:L:495-8714 J-AX: (901) 495-8969 Fnr Biddmg &. C:nntractor lnforrnatmn Con1ac1· F. \\'. D<ldgc Plan Room Tel. 615-~84-1017 rs 88 ~-,, or z~ 0 r AutoZone Store No. 4112 RANIER AVE RENTON WA 98178 FLOOR & ROOF PLA}JS--~ ' ' ' ' ' z '· " '· ~ j , c1a ,-YO) ,1, C9°UMPSTEB ENCi OSUBE SECTION HA!WNBY VERTICAL DA11JM FILL SPECIFICATION TRENCH NOTc: "''"'"'-'"''>l>SA·.•!SF»CH~RmHFRFSC-.A" .. y, Cc•.ROC<~·)"['[:,,~cccr•TH,Tt,CESS•"'""F"!HF t;:; ~'; :;'.".;;~,' ;-";;,'.~ -~,~'i:?c' ,;~:;,::c~'.'.",";'.;:.:C '"' , ec ,eo;,c·.s s, F FOR -"'"""" SA•e• < A',O "'"" "····"·-n•·.c. '"''·"~-s '~ R.CSP0N~e,.1·, AU. !OFNCH saec,,o•c,c~s H,.,~e,r1HFPFC<OSFI.FNTS0FT..S W"-'•H"<~TJN,N _c,e,AcS/oC,YAsD"CA."H •Cl,CH-"'"Ef' UTILITY NOlc; TOPOGRAPHIC NOTE: CALL 4 1115 llmlll[ YOU DIG 1-I00-424--!5M ... ---,;~ ......... •ir111·• ' ,,._,~_:,• .. ~I.J ... ·. AUTOZONE PROPERTY GRADING& STORM DRAINAGE PLAN APORTIONOFTIIENW 1/40FSFC.18, TWP.23N.,RGE. SE., WM., CITY OF RENTON, KING COUNTY, WASmNGTON I ~ .. ,,_-,. ,..,:,,;;_ ··,;,;_ ---· --,, ....-.,NTC•NFMLIAM) G•,eWCHAS=-<l!JCS ""''J""""''""'""' lz-s•setoue, l -·· ... ,, i i £ 4 \ *-~;,~:~~;;~~om 0;:;S:. ,','\..'II.I< ¥:JIJ..llitkff;> -.lfP::. 30. FC-OSlOP ... • '-"''-""'-'!'""" ,{) ROOHCED EOOeS "'--? ,, "'"MLTSTOP- "<1 f ' "" ·-::~;~:;,,~,::;:::,, -- L~~ -,,.ii,jc) r ... -rri :,,.;.~ . a, • , w.Mil!aw•-'•11:;. ' 'i \ e<ie _,,,,, .• ~ \ -... ,./. !I ·:• ':-,bi, : ~.:: "2i"'~t-· ,,,,! ~~-1 c:-,1;%, 11 m11 wij r1 n 'i" 1mi ~ ,.; . -':> ::i:1 , -·;;, "'"' ~ ~.e~ .,v ' I ··-I TS•SH I I~~"" • -~ ~,,.,. it§i •::::a:,~1-··-r;···: ... ACCESSl"'--''OR HING,.-.OHS MAJNTFN<NCF \ ' . ' . : ~ ;,;,;/,;~.;· ' ' ' ' . -' 00 "U"'- GUS..--,Pc-',TE "'s,ueUHLv, ~t:':~~~N6~C I L __ _J I ":~\'" I I I L __ _j \ rn•,, ~ ;;;~,,•' :fJiE':~[;: ~;;;~"':: ____ .,; City Of Rent!?!!,."'""'.'.:~~:. ;:y., P/an11ing Division NOie OD.C.HCS,.,H'NU)HEOCl' .... l~SSSH"--"'- ~ C/" TslL ABOVE !HE PAVEMtNI S.<'A'_.C >J<U ,>TfNO<.O--·.TCfHFGOOLJND JAN J H ;u;o C'>NCOSTFRC,INl"IFTl we OD&-..<11.T.U.Ta! @PIE I AWH /RPI IOEJAII§ s-,· , , sau,aescc«o TREATSO ~,, OOARDOl'<ml,M" o•asc,,,,ru>SNo/EW'H Gal"N~CUO><S'""'-eSS ·1' l!!I i:u:i = @'Jl 1MPSifBlA~O "" 6't9ATE PFTAH FOR ~l/MPSifB ENGi OSUBE "" ! ! ' ' I 0 i ~ Iii " ~ U-l ~ ~ ii! ~~ ! 0 • z ! E-< U-l ~ µ,l ~ ~! ' .~ I I I! @ ; . ~ ! ;l!llllll'llll'J C2.0 ., I VERTICAL OAlUM ;~,;c~,M~:~1;~," ;,:.n;~~;'.;;'; :.. Cn'~"S eNC c-- :,,°,",'~:~~c~,'; /g";.;~~'~;;:>;:;~1;..;,:,....-,aAa< ii't':;,::;._,;:;;c':'. '';;;;t .. JNC OTE.'C rao,;, "'°" FILL SPECIFICATION ~!;t~Zti~~~~t:~7~~[e~~~~ "SRLJLF TRENCH NOlE: ,a"'"""'" ct<'ERA" ,OC"C•• '"'"ZHL'R F>.CAv"<0N ~~~ ~1 E1I1~~I;~·~llEl:~'.?,i~\ C,,eccCERW'C'<'S'OLSf0S""SKF0°;c,,.cF"Y>Jsl)!";-TRA '"''''·'-''"°'''·" ""'''""''"""~~'~'"' '"'""" ;:;~;:,~:~:,c.~~.~;:;~·,~,;'.';.,'.;~':c.;-:;;~'.:'.:::,c. UTILITY NOlE: tHF "'""·'"0FFXS">IG-MDt•c,,;...·,c,u,·u"t'•<c ,eea,)',M'1<C·.,,,.,o,,.c,.0,PFSNlf,D-Il't'-'C'tN'L' '.'IS, ,COO> ;,,,:o,,N:,, ~-"SRfM<.SF•.fA",'IF "HC ;;:'.";;:;,·.~; ~:t,~;;1,~°;~~; :~~:[,;,bc;:;~;:..c; M . .ecs10ae"" ,eesp~i,s1,1u0•~WANUA:.l. D'MA(.lS" ..... ,occNc C!,CTHFCC,TRACTOR~,~.u-. ,o .OC A>E c,v1, r ''° PSF"f'R·.~ -"'AOC"'-• "Nme<,C<JONDU"""'" OC•R•t•,C,NS!'S",1 -.s;,,,""SNC "'""' '·C< -e,cc•T,UNC•uNOCROROoNC""'"'" TOPOGRAPHIC NOTE: CALL '8 HRS BmlllCYOU DIG 1-I00-424-~ AUTOZONE PROPERTY UTILITY PLAN A PORTION OF TilE NW 1/4 OF SEC. 18, TWP. 23 N., RGE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON i')"(>O" ..._;,o'.l; • -··-··-··1 ~ ~ i; :,,- =-~ ... ,.!..'!.:i:J,.-' "'··-... , ~: St " ) :~il.:.:t-,. ,.. .. .,__....""' "' -1'),,.., ,, co'.'( "\. • " ' __ _____:..'F-:_ __j---..c--=----9",iu:-I / ~ !._------+--', ------'-----~-~=--\ -~ I ---•.•. ~ 1 .\.\ a'c ,,,(a ""'2;; ,,,, \ .. ,,-1 I c!, ,.,, ,,, l•1•;f~ •s•i "!' 'I ,,,.· I °" '" ! '>,'·'~ ,,. i,, ' . 'co •:.:~.'• -' ' IJ;.-.,~ y . I ~k ~ ~ t i;r· ! Ii -~ fl!l-il :·.'q -~~( City of Renton P/annfng Division IAN ! .9 10;.1 iRr/E; i. ~ ~ I I I f ~ Ci ~ z ~ -. 1Z ~ ~ ~ ~ ~ z i a : z ! ~ ij ~ j ' C3.0 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: Cc: SUBJECT: MEMORANDUM December 3, 2012 Bonnie Walton, City Clerk ()-;') Carrie K. Olson, Plan Review x7235 L,:Y Kayren Kittrick, Arneta Henninger Request Mayor/City Clerk Sign AutoZone Deed of Dedication LUAl0-004 & LUAl0-022-LLA The ordinance has been changed to accept deeds of dedication to the City through the administrative approval process rather than through the Council approval process. Please see the attached Ordinance #5648 as a reminder. Attached is the original AutoZone Deed of Dedication document that was accepted by Gregg Zimmerman through the Administrative Approval process. Please route for signature by the Mayor and City Clerk. Also, have the Mayor sign the original Real Estate Excise Tax Affidavit form and send with deed to King County. Call me at x-7235 for pick up. Thanks. i:\planreview\colson\request mayor-clerk sign & record deed of dedication document memo.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Project Vile#: LUAI0-004 & R3563 Property Tax Parcel Number: 1823059082 Street Intersection: Rainier Ave S & SW Victoria St Reference Number(s) ofDocuments assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): LEGAL DESCRIPTION: THE EAST 8.00 FEET OF LOT 'C', CITY OF RENTON LOT LINE ADJUSTMENT LUA-10-022-LLA, LND-30-0355, RECORDED UNDER KING COUNTY RECORDING NUMBER 20100907900001, SAID LOT LINE ADJUSTMENT BEING A RECONFIGURATION OF PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. d seal the day and year as "Written below. Approved and Accepted Bv: .~gal & Bualneu Per•onnel Grantor(s): AutoZone Devel~me11tJ2.. ~tntee(s): City of Renton ~"--\ >,~ J m•~. Griffith Vlca President Mayor INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box Vice President City Clerk STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that--------- ~-~~~-~~~~~~-~~-signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) ______________ _ My appointment expires: ___________ _ Dated: Page I of 4 IN WITNESS \\11-IEREOF, I have hereunto set my hand the day and year as \Witten below. . Notary Seal must be within box Notary Seal must be within box Notary Seal must be within box INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUN1Y OF KING ) I certify that I know or have satisfactory evidence that ________ _ ------------------signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State ofWasbington Notary (Print) ______________ _ My appointment expires:_~----------- Dated; REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUN1Y OF KING ) I certify that I know or have satisfactory evidence that---------- -~~-~~~---~--~~~--signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and ---~----- of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State ofWasbington Notary (Print) _____ ~~-------- My appointment expires: ________ ~---- Dated: be of the corporation that execute the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said cotporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for tbe tate ofWos!J;.agt9<lll,11 n.QSS€£ Notary (Print) Laura Sharpe_... . . .. . ..... My appointment expires: ___ v_·~· ~~~~=~---- Dated: q 1- Page 2 of 4 Exhibit A Legal Description Project: LUA!0-004 & R3563 WO# PID 1823059082 GRA.NTOR: AutoZone Development Corp Street: Rainier Ave S & SW Victoria St THE EAST 8.00 FEET OF LOT 'C', CITY OF RENTON LOT LINE ADJUSTMENT LUA-10-022-LLA, LND-30-0355, RECORDED UNDER !UNG COUNTY RECORDING NUMBER 20100907900001, SAID LOT LINE ADJUSTMENT BEING A RECONFIGURATION OF PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERJDIAN, SITUATE IN THE CITY OF RENTON, !UNG COUNTY, WASHINGTON. Page 3 of4 ~ ' ! " , .,;:,:. ~ " ~ < m s ~ ' m G $ ~ u ' ' ' I N.T.S. I Ma Exhibit GOVT LOT 4, SEa 18, T. 23 N., R. 5 E., WM O'FARRE.LL PROPERTIES L.LC 182J0590\1 I f--~,f,i~1!L~C----f-_ _ __ _ _ :::! i.'1 1 I ::1 I I I,; I I Q'FARR£Lt I RIGHT-OF-WAY __ ,/E;l PRO?ERTIES l.i..C DEDICATION f: 162.3059!22 = 1 329 St± 1\ I "' l I LOT "C'' ::, I I I 1 I If-I I 1823,')59052 ):;l ----------1 ,.oo r:: O'FAR"R£LL 1;.'.)t--.,4i.,20,-I J J PRD?ERTIES LLC . , R W f----_•823059~1-~ J I PACIF<C INVES~lt=-------- I & O[VCLOP~ENT I 18230~9074 I •• R.er,..,.,,,.ABAM ,~ ;.J ~ Ei.,""'0 "· 3J~l 91.h Avaout :5:>Jth. 5'.t.l: 3:i} ~:ler.d Way. w.,w,·,.,Jl..io 9-&J.:.3-.l:6()) ~;>.:>i,) "iJl•Z:tOC/ f~w: (2<let) <!~J-27.:>D MAP EXHBIT PARCEL NO. 1823059082 RIGHT-OF-WAY DEDICATION Page4of4 Department of~ Revenue ~ Washington State REAL ESTATE EXCISE TAX AFFIDAVIT Tlm fonn is vour receipt PLEASE TYPE OR PRil'ff CHAPTER 82.45 RCW -CHAPTER 458-61A WAC wben stamped by cashie. nus AFHDAVITWlLL ~OT BE ACCEPTIW IJI\LESS ALL AREAS ON ALL PAGES ARE FULLY C0/1-fi'LETED (See bs.ck of list page for instn.iclions) Chee~ box 1f art1al sale of ro e ffmul1i le ll""1CfS list erccnta e ofovmer,Cu next to name AutoZone Development Corporation Name City of Renton ----------------------------0 Malling Add1ess 123 South Front Street City/State/Zip l,_it~rru;,_tijs TN. 38,1"0"3~------------ Phnne No. (including area e-0de) (901) 495-6500 Mailing Address_!!!§? Soulh Q_rcacdcW~'~-----------< City/State/Zip Renton,WA 98057 Phone No (including area code) Send all property tax correspondence to: IZ! Same as Buyer/Grantee N=e ---------------------- Mailing Address ------------------- City/State/Zip -------------------- Phone No (including area code) _____________ _ List all real and personal property tax pa.--cel a<X:ount numbers -check box tfpersonal property _,~e~23~o~s~,o~s~,-------~_[J List assessed value(s) II Street address of property _1~7c5~R~a";,~;0w~A~~~"c"c•~S"o"""~~---------------------------------- Th1s property is located in Renton [B"check box if any of the listed parcels arr: being segregated from another parcel, are part of a boundary lrne adjustment or parcels bemg merged. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) LOT 'C', CITY OF RENTON LOT llNE ADJUSTMENT LUA-10-022-LlA, LND-30-0355, RECORDED UNDER KING COUNTY RECORDING NUMBER 20100907900001, SAID LOT LINE ADJUSTMENT BEING A RECONFIGURATION OF PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETIE MERIDIAN, SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. Select Land Use Code(s): enter any additional codes: Code 45 only: Street Right-of-Way (See back of last page for instructions) YES NO ls this property exempt from property tax per ehaprer 84.36 RCW (nonprofit organization)? Is this prcpert)' desigaated as forest land per chapter 84 .33 RCW? Is this prcpert)' classified as cw-rem use ( q:Jen space, rarm and agricultural, or timber) land per chapter 84.34? ls this prqierty receiving sp:,cial valuatioo as historical property perchapter84.26 RCW? [f any answ~ are yes, complete as instructed below. D YES D D D IZl NO IZl IZl IZl (I) NOTICEOFOJNITNUANCE (FORESTLANDORCUR.RENTUSE) NEW mvNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign 011 (3) below. The coimty assessor must then determine if the land transferred continues to qualify and will indicate by sigrring below. lfthe land no longer qualifies or you do not wish to continue the destgDation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to sigajng (3)below, you may contact your local county assessor for more information. This land Odoes ~oes not qualify for continuance. DEPUTY ASSESSOR DATE (2) NOTICE OFCOMPUANCE (lJISI'ORIC PROPERT\') NEW QV{NER(S): To continue special valuation as historic property, sign (3) below. lfthe new ownen:S) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, sball be due and payable by the seller or transferor at the time of sale. (3) OWNER($) SIGNATURE P~TNAME Signature of Graotor or Graotor's Ageot ~-':'~,-.~-t--'--cc"''--':=:------ Name (print)_!_J-,_/_,_[_,_1__,__.,.=-'"--li'-=="-='---'-....I...---- Date & city of signing: List all personal property (tangible and intangible) included in selling price. If claim mg an exemption, list WAC number and reason for exemption WAC No. (Section/Subsection) _4~S8=-6c1cA~-2~0=5(~4L) --------- Reason for exemption Transfer of property to City of Rentoo for use as public right of way. Type of Document Deed of Dedication Date of Document _cr __ ·~G~--~l~J..~~------------ Gross Selling Pnce $ _____________ _ '"Personal Property (deduct) $ _____________ _ Exemption Claimed (deduct) $ _____________ _ Taxable Selling Price $ ____________ o_._o_o Excise Tax : State $ ____________ 00 -00~0 0.0050 I Local $ __________ c0-c0~0 'Delinquent Interest: State $ _____________ _ Local $ ____________ _ •Delinquent Penalty $ _____________ _ Subtotal $ ___________ ~00.0,0~ '"State Technology Fee $ __________ ~50.0=0= • Affidavit Processing Fee $ _____________ _ Total Due $. ____________ 1_0._00_ A MINIMUM OF Sl0.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS Name (print) Denis Law Ma ar Date & city of signing: Perjury; Perjwy is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court ofnot more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (]C)) REV 84 oooiae (6/28/12) THIS SPACE-TREASURER'S USE ONLY COUNTY TREASURER Dep;:111me11t of ~ Revenue"-' Washington State REAL ESTAn: EXCISE TAX AFFIDAVIT This fom1 1s your receipt PLEASE TYPE OR PRlNT CHAPTER 82.45 RCW -CHAPTER 458-61A WAC when stamped by cashier. nus AFFIDAVlT WILL NOT BE ACCEPTED U_"lLESS ALL AREAS ON ALL PAGES Afil FULLY COMPLKnm (See back of:ast page for msrruct1ons) Check box if artial sale of ro ertv A• rtoZone Develoomeot Cornaration ··---·------·----------- 123 South Fronl StreE!_l ___ _ C1t}/S1atc/Z1p Memphis TN. 38103 Phone No. (including area code) {901) 495-6500 Send all property tax correspondence to. [ZJ Same as Buyer/Grantee N~, ---------------------~ Mailing Address ------------------- City1Sta1e:/Zip -------------------- Phone No. (mcluding area code), ______________ _ N=e ~'.m:;,R:a::~m hs< """' eofo=di ~ MailingAddress 1055SoutchcGccacdcYcW~acy _____ -_~ _______ ,I City/State/Zip Renton WA 98057 Phone No. (including area code) List all real and personal property tax parcel account numbers -check box if pers<.mal property 1823059082 List ass~sed value(s) II Street address of property: _ljCOJSaJOieLJl,,.,iu,cS<,uJJL _________________________________ _ This property is located in Renton [B"check box if any of the listed parcels are being segregated from another parcel, are par1 of a boundary l:ne adjustment or parcels being merged. Legal descnpllon of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) LOT 'C', CITY OF RENTON LOT LINE ADJUSTMENT LUA~ 10-022-Ll:..A, LND-30-0355, RECORDED UNDER KING COUNTY RECORDING NUMBER 20100907900001, SAID LOT LINE ADJUSTMENT BEING A RECONFIGURATION OF PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WJLLAMEITE MERIDIAN, SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. Select Land Use Code s : enter acy additional codes: Code 45 only: Street Right-of-Way (See back of last page for instructions) !s this property exempt from property tax per chapter 84.36 RCW (nonprofit organization)? YES NO D IZl YES NO IZl List all personal property (tangible and intangible) included in selling pnce. If claiming an exemption, list WAC number and reason for exemption Is this prq:ierty design.al:ed.as forest land per chapter 8433 RC\\'? Is this property classified as cunmt use (q:ien space, farm and agriculrural, ortimbef") land per chaptfr 84.34? D D (ZJ WAC No. (Section/Subsection) 0 4~5~8~-6c1~A~-20=5[~4LI --------- Reason for exemption Is this property m;eiviDg special valuation as historic.al property per chapter 84.26 RCW? D (ZJ Transfer of property to City of Renton for use as public right of way. If any 8Il5Wers are yes, complete as instructed. below. (1) NOTICEOFCONrINUANCE (FORESfLANDORCURRENTUSE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessOT must then detennine if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation m classi:lic.ation. it will be removed and 1:he oompensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (ROV 84.33.140 orRCW 84.34.I08). Prior to signing(3) below, you may oontact your local oowity assessor for more information. This land D does 'ipctoes not qualify for continuance DEPUTY ASSESSOR DATE (2) NOTICE OF COMPUANCE (HISTORIC PROPER TI') NEW OWNER(S): To continue special valuation as historic property, sign (3) beJow. lftbe oew owoer(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME Type of Document 0D0 •0•0d0o0f0D0e0d0io0a01io0o~=------------ Date of Document --~~--_.G,.,_-_· L(~~~---------- Gross Selling Price $ _____________ _ •Personal Property (deduct) $. _____________ _ Exemption Claimed (deduct) $. _____________ _ Taxable Selling Price $. _____________ o_.o_o_ Excise Tax : State $. _____________ o_.o_o_ 0.0050 )Local $'-----~----~o~.o~o •Delinquent Interest: State $, _____________ _ Local $ •Delinquent Penalty $ Subtotal $ *State Technology Fee $ * Affidavlt Processing Fee $ Total Due $ A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX "SEE INSTRUCTIONS 0.00 5.00 10.00 Signature of OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT, Signature of Grantor or Grantor's Agent Grantee or Grantee's Agenf ________________ _ Name (print) Denis Law, Mayor Date & city of signing: Perjury: Perjury is a class C felony which is punishable by imprisonment in the stare correctional institution for a maximum tmn ofnot more than five years, or by a fine in an amount fixed by the courtofootmore than five thousand dollars {$5,000.00), orby both imprisonment and fine (RCW 9A.20.020 (lC)). REV 84 0001ae (6/28112) THIS SPACE· TREASURER'S USE ONLY COUNTY ASSESSOR Department of ~ Revenue,.,.:: Washmgron State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW -CHAPTER 458-6 JA WAC when stamped by c~.1hier TITTS AFFIDAVlT WILL NOT BE ACCEPTED U:'!LESS ALL AREAS 01\' ALL PAGl,,S AIU: i"ULL Y CO-\·U'LJ:o: nm (Sec back of last page for mstruct:ons) Check box if artial sale of :o ertv If multi le ov,mers list ercema e of ownershi next 10 name AutoZone Developmen1 Corporatio""----------Name Ci of Renton Mailing Address 123 South Fron! Street C1ty/State/Z1p Memphis, TN. 38103 Phone No. (including area code) (901) 495-6500 Send all property tax com:.spondence to: IZ] Same as Buyer/Grantee N=e ---------------------- Mailing Address ------------------- City/St.ate/Zip -------------------- Phone No. (including area code) ______________ _ ------------ Mailing Addres.s 1055 South Grady Way Ciry1Sta1e/Zip Renton WA 98057 Phone No. (including area code) List all real and personal property tax parcel acco~ numbers-check box 1fper.;o:ial property 1823059082 List assessed value(s) II Street address of property ...ll>_llailli<U""IWll.5'"'1h.._ _________________________________ _ Thi~ property 1s located in Renton [B-1:heck box if any of the listed parcels are bemg segregated from another parcel, are part of a boundary line adjustment or parcels being merged. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) LOT 'C', CITY OF RENTON LOT LINE ADJUSTMENT LUA-10-022-UA, LND-30-0355, RECORDED UNDER KING COUNTY RECORDING NUMBER 20100907900001, SAID LOT LINE ADJUSTMENT BEING A RECONFIGURATION OF PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, IN SECTION 18. TOWNSHIP 23 NORTH, RANGES EAST, WILLAMETTE MERIDIAN, SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. Select Land Use Code(s): enter any additional codes: Code 45 only: Street Right-of-Way (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter 84.36 RCW (nonprofit organization)? D YES IZl NO IZl List all personal property (tangible and intangible) included in selling pnce. If claiming an exemption, list WAC number and reason for exemption: [s 11lis prcperty designated as frn:st land per chapter 84.33 Rew? [s 11lis property class:ifie.d as current use ( open space, fmm and agricultural, or timbcr) land per chapter 84.34? D D Ill WAC No. (Section/Subsection) ~''~'~"6~1~A~"2~o~s~1•~1 ________ _ Reason for exemption Is 11lis property receiving special valuation as historical~ per chapter 84.26 RCW? D Ill Transfer of property to City of Renton for use as public right of way. If any answers are yes, ccmplete as :instruc=d below (1) NOTICEOFCONflNUANCE (FORF.SrLANDOR~TUSE) NFW OWNER(S): To continue the cwrent designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you mwt sign on (3) below. The county assessor must then der:ennine if the land transferred continues to qualify and will mdicate by signing below. Jfthe land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additiooal taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 orRCW 84.34.108). Prior to signing (3)below,you may contact your local COLIDty assessor for more information Th.is land D does ~does not qualify for continuance. DEPUn' ASSESSOR DATE (l) NOTICE OF COMPLIANCE (IIlSfORIC PROPERTY) NE\V OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the sen er or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME Signature of Date & city of signing: Type of Document _o_,_, 0 d 0 o_f_D_,_d.;,_,_ti_o."=~------------ Date of Document __ q:~_-_C,=_~_(c?-~------------ Gross Selling Price $ _____________ _ 'Persoaal Property ( deduct) $ ____________ _ Exemption Clatmed (deduct) $ _____________ _ Taxable Selling Price $ _____________ o_.o_o_ Excise Tax : State s _____________ o_.o_o_ 0.0050 I Local $ __________ ~0~.0~0 '"Delinquent lnterest: State $ _____________ _ Local $ ____________ _ *Delinquent Penalty $ _____________ _ Subtotal $ ___________ 0c·~OO~ •state Technology Fee $ ____________ 50 .00~0 t Affidavit Processing Fee $ _____________ _ Total Due s ___________ 10_._oo_ A MINIMUM OF SJ0.00 IS DUE IN FEE{S) AND/OR TAX •SEE INSTRUCTIONS Name (print) Denis Law Mayor Date & city of signing: Perjury: Perjrny is a class C felony which is punishable by imprisonment m the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by tbe court ofoot more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). REV 84 oootae (6128/12) TIIIS SPACE -TREASURER'S USE ONLY DEPT. OF REVENUE Depart=o< of ~ Revenue'\.-- wcsn1ngton 5!:Jte REAL EST A TE EXCISE TAX AFFIDAVIT This form is your receipt ?LEASE WPEORPRJET CHAPTER 82 45 RCW -CHAPTER 458-6 lA WAC when stamped by cashier. nos AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED D (See oa~k oflast pag<:: for 111st1uctions) Check box ifnartia! sale ofnrooertv If mult, 1le ovmers list ocrccnta~e of O\\'Ileishw nexL tu niiITIC .. Name AutoZone Development Corporation Name _f!ty of Re11ton ~~ " ~,: Mailmg Addre~s 123 South Front Street ~i Mailing Address 1055 South Gradl Waz ~~ City/State/Zip Memphis, TN 38103 City/State/Zip Renton WA 98057 •o Phone No (including area code).J..®11. 495-6500 Phone No. {mcludmg area code) Send all property tax correspondence to. Ii] Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value{s) numbers -check bax if personal pro pert}' N=• 1823059082 D Mailmg Address n City/St.a~Zip n Phone No. (including area code) n II Street address ofpropeny ~17c5~Rc,;crt0;ec'cAc~c"c"c'cScoc"clch _________________________________ _ This property is located in Renton ~heck box if any of the listed par~els are bemg segregated from another parcel, are part of a boundary line adjustment or parcels being merged. Legal description of property (if more space is needed, you may attach a separate sheet ta each page of the affidavit) LOT 'C', CITY OF RENTON LOT LINE ADJUSTMENT LUA-10-022-LLA, LND-30-0355, RECORDED UNDER KING COUNTY RECORDING NUMBER 20100907900001, SAID LOT UNE ADJUSTMENT BEING A RECONFIGURATION OF PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. Select Llllld Use Code(s : 45 -H,sfo,ay and s;,eet nght of way enter any additional codes: Code 45 only: Street Right-of-Way (See back oflast page for instructions) YES NO ls this property exempt from property tax per chapter 84.36 RCW (nonprofit organization)? Is this property designated as forest land per chapter 84.33 RCW? Is this propelfy classified as current use (open space, furm and agricultural, or timber) land per chaptt,: 84.34? Is this property receiving splrial valuatioo as historical property per chapter 84.26 RCW? If any answers are yes. ccmplete as instructed below. D IZl YES D D D NO IZl IZl IZl (1) NOTICEOFOONTINUANCE (FORFSTI.ANDORCURREl\'TUSE) NEW O'NNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local count)' assessor for more rn:.fonnation. Th.is land D does Odoes not qualify for continuance. DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (H1STORIC PROPERlY) NEW OWNER(S): To continue special valuation as historic property, sign (3) beJow. If the new owner{s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall he due and payable by the ~Iler or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRTh'TNAME List all personal property (tangible and intangible) included in selling price. If clairnmg an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) _4~58=-"='~A~-2=0~5~(4~) ________ _ Reason for exemption Transfer of property lo City of Renton for use as public right of way. Type of Document _D_ee_d_o.f 0 D_ed_;~_,_o_, __ ~---------- Date of Document ___ ,_,__-_,(,-,LL-____,/c..,J..z:'------------- Gross Selling Price $ _____________ _ trersonal Property (deduct) $ _____________ _ Exemption Claimed (deduct) $ _____________ _ Taxable Selling Price $ _____________ o._o_o Excise Tax : State S _____________ o._o_o 0.0050 / Local $ __________ ~0~.0~0 •Delinquent Interest: State $ _____________ _ Local $ _____________ _ •Delinquent Penalty $ _____________ _ Subtotal $ ___________ 0_.oo_ •srate Technology Fee $ __________ ~5~.00= • Affidavit Processing Fee $ _____________ _ Total Due $ ___________ 10_.oo_ A MINIMUM OF $10.00 IS DUE fN FEE(S) AND/OR TAX •SEE INSTRUCTJONS I CERTIFY UNDER PENAin· F PERJURY TBAT THE FOREGOING IS TRUE AND CORRECT. Signature of 1) ....fJ..L..__.. Signature of Gnmtor or Grnntor's Agent VL ~ 9-f Grantee or Gnuitee's Agent----------------- Name (print) -1::::1~:rc.t,4 'BPAHlcrC Name(print) Denisl.aw,Mayor Date & city of signing: ~ 1-'l ~~~~~~~~~~~~~- Date & city of signing: Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution fur a maximum t= ofnot more than five yem, or by a fine in an amount fixed by the court ofoot more than five lhousand doUm ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). REVS4 0001ae(6/28/12J TI-IlS SPACE-TREASURER'S USE ONLY TAXPAYER AUTOZONE, INC November 29, 2012 Came K.Olson Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office RE: AUTOZONE FACILITY: Rainier Ave. South Please find attached the RE Excise tax forms. ~~ Mitch Bramlitt AutoZone, Inc. (800)285-2223 ext 8714 fax 901-495-8991 AutoZone, Inc. 123 S. Front Street Memphis, TN 38103 Dept. 8320 Carrie Olson From: Sent: To: Bramlitt, Mitch [mitch.bramlitt@autozone.com] Thursday, November 29, 2012 11 :57 AM Carrie Olson Subject: RE: Real Estate Excise Tax Affidavit Form for Renton Auto Zone Dedication I overnighted the form to you on 10-26 the same day I sent an email letting you know it was being overnighted. Let me see if I can get Fed -ex tracking information that far back. Mitch Bramlitt AutoZone Development Corporation 123 South Front Street Memphis, TN. 38103 901-495-8714 mitch.bramlitt@autozone.com -----Original Message----- From: Carrie Olson [mailto:COlson@Rentonwa.gov] Sent: Thursday, November 29, 2012 1:31 PM To: 'mitch.bramlitt@autozone.com' Cc: 'Story, Trav' Subject: RE: Real Estate Excise Tax Affidavit Form for Renton Auto Zone Dedication Hi Mitch, I have not received the REETA form I need to include for recording of the deed document. Are you any closer to sending that to me? I know this type of work is not interesting to do but the Auto Zone project can't be closed out (including the releasing of bonds) without the processing of all elements of the project. Please let me know when I can expect you to send this completed, signed, original document. Thank you. Carrie K.Olson Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX -----Original Message----- From: Story, Trav [mailto:Trav.Story@abam.com] Sent: Friday, October 19, 2012 1:08 PM To: Carrie Olson Subject: RE: Real Estate Excise Tax Affidavit Form for Renton Auto Zone Dedication Carrie, I just called Mitch again in hopes of pushing this through. Sounds like he is working on it. Hopefully you will have something soon. Travest Story, P.E. BergerABAM 1 Carrie Olson From: Carrie Olson Sent: To: Thursday, October 18, 2012 11:10 AM 'Story, Trav'; 'mitch.bramlitt@autozone.com' Subject: RE: Real Estate Excise Tax Affidavit Form for Renton Auto Zone Dedication Trav, Just thought I'd let you know I have not received a completed REETA form for this dedication yet. Have you sent it or are we still waiting for someone to sign it? Carrie K.Olson Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX -----Original Message----- From: Carrie Olson Sent: Wednesday, October 03, 2012 2:19 PM To: 'Story, Trav'; mitch.bramlitt@autozone.com Subject: RE: Real Estate Excise Tax Affidavit Form for Renton Auto Zone Dedication Trav, All the information that was in the City's example plus what was in the instructions should be included on the new form. Sorry for the confusion. Carrie K.Olson Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX -----Original Message----- From: Story, Trav [mailto:Trav.Story@abam.com] Sent: Wednesday, October 03, 2012 2:09 PM To: mitch.bramlitt@autozone.com Cc: Carrie Olson Subject: RE: Real Estate Excise Tax Affidavit Form for Renton Auto Zone Dedication Mitch, Attached is the form from the City's link. The other attachment is the list of instructions from Carrie. I highlighted in blue on the instruction sheet the items I filled out on the other form. Travest Story, P.E. 1 BergerABAM Project Engineer Voice 206-214-1092 Email trav.story@abam.com -----Original Message----- From: Carrie Olson [mailto:COlson@Rentonwa.gov] Sent: Wednesday, October 03, 2012 1:04 PM To: Story, Trav; mitch.bramlitt@autozone.com Subject: RE: Real Estate Excise Tax Affidavit Form for Renton Auto Zone Dedication Trav/Mitch, The REETA Form attachment with instructions is for reference only. will not accept this older form format. You must use the current form available I sent you previously. Carrie K.Olson Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX -----Original Message----- From: Story, Trav [mailto:Trav.Story@abam.com] Sent: Wednesday, October 03, 2012 9:38 AM To: mitch.bramlitt@autozone.com Cc: Carrie Olson King County online that Subject: FW: Real Estate Excise Tax Affidavit Form for Renton Auto Zone Dedication Mitch, Please see the attached. The City of Renton is asking for the attached "Real Estate Excise Tax Affidavit" to be filled out and sent to them. I filled out the legal description and the tax parcel number. It just needs AutoZone's contact info, the date on the "Deed of Dedication", an assessed value of the property, and your company signatures. Instructions are attached for these remaining items and instructions on where to send it are listed in Carrie's email below. Let me know if you need further assistance. Thanks, Travest Story, P.E. BergerABAM Project Engineer Voice 206-214-1092 Email trav.story@abam.com -----Original Message----- From: Carrie Olson [mailto:COlson@Rentonwa.gov] Sent: Wednesday, October 03, 2012 8:55 AM To: Story, Trav Subject: FW: Real Estate Excise Tax Affidavit Form for Renton Auto Zone Dedication 2 Hi. Here are the attachments I sent to Mitch.Bramlitt@AutoZone.com Carrie K.Olson Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX -----Original Message----- From: Carrie Olson Sent: Tuesday, September 25, 2012 11:15 AM To: 'Mitch.Bramlitt@AutoZone.com' Subject: Real Estate Excise Tax Affidavit Form for Renton Auto Zone Dedication Hi Mitch, Please have this form completed and signed and mail for to my attention, at the City of Renton, 6th Floor, 1055 South Grady Way, Renton WA 98057. The your original dedication form I have has to be recorded with the REETA form. Please see the REETA form attached below. http://dor.wa.gov/Docs/forms/RealEstExcsTx/RealEstExTxAffid E.pdf 3 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: Cc: SUBJECT: M E M O R A N D U M September 17, 2012 Gregg Zimmerman, PW Administrator Carrie K. Olson, Plan Review x7235 dO Kayren Kittrick, Arneta Henninger Administrative Approval for AutoZone Deed of Dedication LUAl0-004 & LUAl0-022-LLA Technical Services and Development Services have reviewed and recommended approval of this Deed of Dedication for AutoZone. I am including the site plan and LUA folder requesting this action. Please review the deed document and sign the Administrative Approval below accepting this dedication on behalf of the City of Renton. Please return the signed memo and LUA folder to me for further processing. Thank you. NOTE: Gregg, The ordinance has been changed to accept deeds of dedication to the City through the administrative approval process rather than through the Council approval process. Please see the attached Ordinance #5648 as a reminder. Since this is a commercial development and not a short plat project, a copy of the deed is coming to you separately for approval. Normally, you would receive a copy of a deed document for approval and short plat mylar for signing together. i:\planreview\colson\request approval of deed of dedication document memo.doc Return Address: C1',y Clerk's Office C{ty of Renton 1055 South Grady Way Renton, WA 98055 ~--------------·------~-----------,-----------, DEED OF DEDICATION Property Tax Parcel Number: 1823059082 i-===~~~~====------+~~~---,~--,--,--,~~==-c-c------ Project File#; LUAI0---004 & RJ563 Street Intersection: Rainier Ave S & SW Victoria St Reference Number(s) of Documents assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): Cl of Renton, a Munici' al Co oration· LEGAL DESCRIPTION: THE EAST 8.00 FEET OF LOT 'C', CITY OF RENTON LOT UNE ADJUSTMENT LUA-10-022-LLA, LND-30-0355, RECORDED UNDER KJNG COUNTY RECORDING NUMBER 20100907900001, SATD LOT LINE ADJUSTMENT BEING A RECONFIGURATION OF PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W1LLAMETTE MERIDIAN, SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as. named above, the above described real estate situated in the County of King, State of\Vashington. IN WlTNESS WHEREOF, I have hereunto e my a d nd seal the day and year as written below . .. Approved and Accepted Bv: .egal & Business Personnel Grnntor(s): AutoZone Devel~!::::111.tL i!\M'\l'ff"tee(s): City ofRenlon ~~ ),~ . ,,J mes~. Griffith Vice President Mayor INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box Vice President City Clerk STATE OF WASHINGTON ) SS COUNTY OF KJNG ) I certify that I know or ha'.•c satisfactory evidence that ~-~~~-~~~~~~-~~-signed thi~ instrument and acknowledged it to be his/her/their free and volunt.af)' act for the 1.:ses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) ______________ _ My appoint..'Ilent expires: ___________ ~ Dated: Page 1 of4 • r-·-------------------------------------------! Ir~ Vv1TNESS WHEREOF, I hc,ve hereunto sel my baud the day a11d yean:s vn itren ·oc'.ov,:. Notary Se;i_l must be with.in box NoLary Seal must be withiu box Notary Seal must be \Vi thin box ------------------------- INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHTNGTON ) SS COUNTY OF !UNG ) I certify that J know or have satisfactory evidence thal ________ _ -----~~-~-~-~--~--signed this instrument and acknowledged it to be his/hc:r/thcir free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) ________________ _ My appointment expires: _____________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUN1Y OF KING ) I certify that I know or have satisfactory evidence that~---------_____ ~- -~~-~~~------~~~--signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrnment and acknowledged it as tbe -"-----·-·--·---___ and---~--~--- of to be the free and voluntary act of such party/parties for the uses and pw-poses mentioned in the instrun1ent. Notary Public in and for the State of Washington Notary (Print). ______________ _ My appointment expires: _________ ~--- Dated: CORPORATE FORAfOF ACKNOWLEDGMENT STATEOFWAS!HN~ ) SS Tfil< COUNTY OF ) On this~ ay ~Wf m t:J..e {, 20 _il,_, before me personally appeared James C. Gri !1 h12i Kristen~-Wright tome known to be Viee President S Vice Pres1deFl of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein r.1entioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. -Notary Public in and for tbe State of~~ --r:tl1 n_Q_SY£ Notary (Print) Laura !?tl_arpe _. __ . _ .. _ .... My appointment expires: ·--i, ..._..v, '°:,-,ji-:;'--'1 ..__..;-, ••• • Dated: °l 7_,. Page 2 of 4 -----------------n),Ojf:Ci; · LUA-] o-ooT & R3563 WO# Exhibit A Leg:il Description rm 1823009082 GR!-J'lTOR: AutoZone Development Corp Street: Rainier Ave S & SW Victoria St THE EAST 8.00 FEET OF LOT 'C', CITY OF RENTON LOT LINE ADJUSTMENT LUA-10-07.2-LLA, LND-30-0355, RECORDED UNDER KJNG COUNTY RECORDING NUMBER 20100907900001, SAID LOT LINE ADJUSTMENT BEING A RECONFIGURATION OF PORTIONS OF Tl-IE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, IN SECTION 18, TOWNSI-IIP 23 NORTH, RANGE 5 EAST, WILLAMETTE :'v!ERJDIAN, SITUATE TN THE CITY OF RENTON, KING COUNTY, WASHINGTON. Page3 of4 ~- ---------- ~------------Map Exhibit N. r.s. GOVT LOT 4, SEC. 113, r. 23 N., R. 5 E., WM r--r--1 ---------1 i \ ~~_J_ ___ i I I I O'F AR.RELL PROPERTIES LLC 18230590!1 I \ I !--------~ / PRg~~~~ESLLLLC L . --! I / f---""059~.~~ -----rm ~ J I (1 ~ I 11' 1' RIGHf-0°-MY ~1' .. ~ I OFA!lR[l:.. DEOICAT:ON ____/[:: f"RO?ERl1[5 U.C = , 329 Sf"± . I '"< 1e230:;9122 Li ~ 2 ,' ; LOT "c'' . 1::i '2 I I 'l 1-------f , "~oseo52 F:j : PACIFlC IN\'ESTll~G / ~ DEV£LWMEl-.:T I / I 1B2Jo:,9074 I I MAP EXHIBIT PARCEL NO. 1823059082 RIGHT-OF-WAY DEDICA TfON Page4of4 CITY OF RENTON, WASHINGTON ORDINANCE NO, 5648 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-7-070 AND 4-7-230 OF CHAPTER 7, SUBDIVISION REGULATIONS, AND SECTION 4-11-040 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ALLOWING THE ADMINISTRATOR OF COMMUNITY AND ECONOMIC DEVELOPMENT, THE ADMINISTRATOR OF PUBLIC WORKS AND THE HEARING EXAMINER TO APPROVE RIGHT-OF-WAY DEDICATIONS IN ORDER TO STREAMLINE THE PROCEDURE. c:, -1·') -I 'l. I I 'u WHEREAS, due to the need for continuity in the code, one code change from this docket item, D-70, is included in the ordinance for D-67; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-7-070L.1, Right-of-Way Dedications Require Separate Approval, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations) of Ordinance No, 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. Right-of-Way Dedications Require Separate Approval: Any required or proposed right-of-way dedications must be submitted to the Department for review and approval prior to filing of the short plat. All right-of-way dedications 1 ORDINANCE NO. _;i§A_§._ SECTION II. Subsection 4-7-230L, flight-Of-Way Dedication, of Chapter 7, Subdivisiun Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: L. RIGHT-OF-WAY DEDICATION: Where dedication of right-of-way is required for the approved binding site plan or proposed by the applicant, the dedication shall require separate approval by Gfy-Ca~Reil the Administrator or designee prior to recording of the binding site plan with record of survey. The dedication shall be effective upon recording of the binding site plan with record of survey. SECTION Ill. Subsection 4-8-070C, Public Works Administrator or Designee, of Chapter . > 8, Permits -General and Appeals, of Title IV (Development Regulatfons) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended by adding a new subsection 4-8-070C.5, to read as follows: 5. Dedications of property for public purposes. SECTION IV. Subsection 48-070D, Community and Economic Development Administrator or Designee, of Chapter 8, Permits -General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended by adding a new subsection 4-8-070D.23, to read as follows: 23. Dedications of property for public purposes. SECTION V. The definition of "Deed of Dedication" in section 4-11-040, Definitions D, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled 2 ORDINANCE NO. 5648 "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: DEED OF DEDICATION: A formal dedication of right-of-way or easement to the City, to be approved by City Council, the Hearing Examiner, the Public Works Administrator or designee, or the Community and Economic Development Administrator or designee. SECTION VI. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this 12th day of December 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 12th day of December . 2011. Denis Law, Mayor Approved as to form: -.,~ i ·• •.. ,-·, ~\. Lawrence J. Warren, City Attorney Dateof Publication: 12/16/2011 (summary) ORD:1734:12/1/11:scr 3 Denis Law Mayor r t -Department of Community and Economic Development September 8, 2010 Mitch Bramlitt Autozone 123 South Front Street Memphis, TN 38103 Alex Pietsch, Administrator SUBJECT: AUTOZONE -MINOR MODIFICATION OF APPROVED SITE PLAN (FILE NO. LUAl0-004, SA-A, ECF) Dear Mr. Bramlitt, I am in receipt of your correspondence and attachments dated August 13, 2010 wherein you request revisions to the approved Site Plan for the proposed Autozone. The subject site is located on the west side of Rainier Ave S south of SW Victoria Street. As your letter discloses minor adjustments to the approved site plan and landscaping are proposed. The requested revisions are summarized below: 1) Relocate the building S feet to the west; and 2) Remove of the pedestrian pathway abutting the eastern fa~ade; and 3} Remove of three existing trees along the frontage of the site; and 4) Increase the landscape buffer and sidewalk along the frontage of the site. Renton Municipal Code Section 4-9-2001, allows minor adjustments to an approved site plan, provided: 1. The adjustment does not involve more than a ten percent {10%) increase in area ar scale of the development in the approved site plan; or 2. The adjustment does not have a significantly greater impact on the environment and facilities than the approved plan; or 3. The adjustment does not change the boundaries of the originally approved plan. Analysis of Request The site plan modifications requested and as shown in your August 13, 2010 submittals have been compared to the site plan as approved by the Planning Director on March 2, 2010. The original proposal included a front yard setback of approximately 8 feet at the closest point and modulation to a setback of 15 feet at the furthest point from the potential right-of-way dedication line. The proposed relocation of the structure would result in a front yard setback of --;i-pp-roximateiyJ:4-feenrtthe ciusestpuint;-fhe-structqreumtinues to modulate and results in a Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov August 26, 2010 Page 2 setback of 21 feet at the furthest point from the proposed front property line. The additional five feet gained along the frontage of the site and the removal of the 3-trees are proposed in order to enhance visibility of the proposed building signage and accommodate the extension of right-of-way improvements designed as part of a pending public transportation project along Rainier Ave S. Finally, the applicant has proposed the removal of the pedestrian walkway along the western fa,ade. The removal of the walkway creates the opportunity to enhance the frontage of the site while maintaining a 24-foot drive/back out aisle for the six compact parking stalls located at the rear of the building. The CA zoning designation requires a minimum front yard setback of 10 feet and a maximum front yard setback of 15 feet. The relocation of the structure would not comply with the maximum front yard setback requirement. However, RMC 4-2-120.C.15 allows the. maximum setback to be modified by the Reviewing Official if the applicant can demonstrate that the site development plan meets the following criteria: a. Orients developments to the pedestrian through sui:h measures as providing pedestrian walkways beyond those required by the Renton Municipal Code, encouraging pedestrian amenities and supporting alternatives to single occupant vehicle transportation; b. Creates low scale streetscape through such measures as fostering distinctive architecture mitigating the visual dominance of extensive unbroken parking along the street front; and c. Promotes safety and visibility through such measures as discouraging the creation of hidden spaces, minimizing conflict between pedestrian and traffic and ensuring adequate setbacks to accommodate required parking and/or access that could not be provided otherwise. Based on the proposal along with conditions of approval staff found the applicant complied with the criteria to increase the maximum setback of the zone. While the applicant has proposed the removal of the pedestrian walkway at the rear of the building there are several walkways throughout the site which exceed the requirements of the co_de. Bicycle parking is proposed along the frontage of the site as an alternative to single occupant vehicle transportation. There would be no parking provided between the front of the building and the property line. The applicant has also proposed several architectural elements along the eastern fa,ade in order to create visual interest. Finally, the additional area created along the frontage, due to the relocation of the structure, would create an opportunity to continue right-of-way improvements designed as part of a pending public transportation project along Rainier Ave S; just south of the subject site. The right-of-way improvements would include at least an 8-foot wide sidewal.k and a 5-foot wide planter strip between the street and the sidewalk. Due to the removal of the three existing trees along the frontage of the site and the proposed enhancement of landscaping along the frontage of the site, the applicant is required to submit a revised Landscape and Tree Retention Plan prior to building permit approval. The proposed changes would not result in more than a 10 percent increase in area or scale of the development. The proposal would not have a greater impact on the environment and facilities, nor would it change the boundaries of the origirialfyaijprove·a ·siteplan. -- August 26, 2010 Page 3 All other applicable setback, development and design standards would continue to be achieved. Decision Based on staff's analysis, I have determined the proposed revisions are within the parameters defined by the Renton Municipal Code. Therefore, the proposed modifications to the site plan are approved subject to the following conditions: 1. The applicant shall submit a revised landscape/tree retention plan that depicts the removal of the 3-existing trees along the frontage of the site and replacement vegetation proposed as part of the enhancements along the frontage of the site. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 2. Prior to the issuance of the final building permit for Autozone, 3 full size copies and a 8 Y, x 11 inch photo reduction of a final site plan, approved landscape plan, building elevations, shall be submitted to the Current Planning Project Manager. 3. The applicant is advised that all code requirements and conditions of the site plan approval are still applicable to the development of the site. The applicant should also understand that Environmental SEPA Review and Site Plan Review may be required for future modifications to the site plan. This determination will be final unless a written appeal of this administrative determination - accompanied by the required $250.00 filing fee -is filed with the City's Hearing Examiner within 14 days of the date of this decision. Should you have any questions regarding this determination or the requirements discussed in this letter, please contact Rocale Timmons, Associate Planner, at (425) 430-7219. Sincerely, C.E. "Chip" Vincent, Planning Director cc: Jennifer Henning, Planning Manager Rocale Timmons, Associate Planner Brian O'Farrell, O'Farrell Properties LLC Travest Story, Petra Engineering Yellow File I tJ DATE: TO: FROM: SUBJECT: CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM August 19, 2010 Rocale Timmons David Pargas, Assistant Fire Marshal LUA 10-004 Auto Zone Site Modification Review 1. A review of the revised Auto 'Zone site plan discloses that there are no additional or revised changes to Renton Fire and Emergency Services requirement to the site from what has been earlier noted and approved. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M O R A N D U M August 16, 2010 Arneta Henninger, Plan Review Dave Pargas, Fire Department Roca le Timmons, Associate Planner (x7219) Autozone Site Plan Modification -LUAl0-004, SA-A, ECF, MOD Attached you will find a revised Site Plan for the Autozone on Rainier relocating the proposed structure S feet to the west. Changes were made, by the applicant, in order to increase landscaping along the frontage and accommodate proposed right-of-way improvements. Please review and have revised comments to me by August 20, 2010. Feel free to let me know if you have any questions, ext. 7219. Thank you. h:\ced\pla nning\current plan ning\projects\10-004.rocale\revision comment request.docx DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M O R A N D U M August 16, 2010 Arneta Henninger, Plan Review Dave Pargas, Fire Department Rocale Timmons, Associate Planner (x7219) Autozone Site Plan Modification -LUAl0-004, SA-A, ECF, MOD Attached you will find a revised Site Plan for the Autozone on Rainier relocating the proposed structure S feet to the west. Changes were made, by the applicant, in order to increase landscaping along the frontage and accommodate proposed right-of-way improvements. Please review and have revised comments to me by August 20, 2010. Feel free to let me know if you have any questions, ext. 7219. Thank you. h:\ced\pla nning\current plan ning\projects\10-004. rocale\revision comment request. docx Printed: 08-16-2010 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Payment Made: Permit#: LUA10-004 08/16/2010 03:46 PM Receipt Number: Total Payment: 100.00 Payee AUTOZONE Current Payment Made to the Following Items: Trans Account Code Description Amount 5022 007.345.81.00.019 Variance Fees 100.00 Payments made for this receipt Trans Method Description Amount Payment Check 695726 100. 00 -~-·---------------------- Account Balances Trans Account Code Description Balance Due 3021 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5024 5036 5909 5941 5954 5955 5998 303.000.00.345.85 000.345.81.00.0002 000.345.81.00.0003 007.345.81.00.004 001.345.81.00.006 007.345.81.00.007 007.345.81.00.008 007.345.81.00.009 007.345.81.00.010 007.345.81.00.011 007.345.81.00.012 007.345.81.00.013 007.345.81.00.014 007.345.81.00.015 007.345.81.00.016 007.345.81.00.017 007.345.81.00.018 007.345.81.00.019 007.345.81.00.024 007.345.81.00.005 007.341.60.00.024 007.341.50.00.000 650.237.00.00.0000 000.05.519.90.42.1 000.231.70.00.0000 Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Ose Fees Environmental Review Prelim/Tentative Plat Final Plat FUD Grading & Filling Fees Lot Line Adjustment Mobile Horne Parks Rezone Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use, Hobbyk, Fence Variance Fees Conditional Approval Fee Comprehensive Plan Amend Booklets/EIS/Copies Maps (Taxable) DO NOT USE -USE 3954 Postage Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 . 00 .00 .00 R1003659 ~Aurorone® 123 South Front Street, Memphis, TN 38103 Phone (901) August !O, 2010 Mss Rocale Timmons Associate Planner City of Renton 1055 South Grady Way Renton, WA. 98507 4V1 -.430• 7t,1t,,, RE: AUTOZONE FACILITY: Ms. Timmons 175 Rainier Ave. South -Renton, WA. . ot p.enton C\~ . D\v\s1on p\annif\9 t,\lG '\. '3 1~\\\ ~®.cc~i~~@ Please consider this letter and a request for a Site Plan Modification to the approved Site Plan reviewed and approved under LUA! 0-004. Please find attached a check for $100 and copies of a revised Site Plan. The modification that is proposed will be to take the building and sidewalk directly in front of the building and shift it back from the front right of way 5'. We propose to delete the sidewalk along the rear of the building and leave the compact parking and 24' drive aisle to the rear needed for delivery truck access in place along with the present parking configuration on either side of the building. AutoZone is requesting this modification due to the lack of visibility of the building signage fronting Rainier Ave. because of three existing street trees. AutoZone has discussed this problem at great length with the city and have tentative agreed to as a compromise to allow us to remove the trees, to replace the frontage improvements along Rainier Ave. These improvements will tie into new street improvements which are presently in the design stages with the City. Call me if you have any questions. Sincerely, MW Mitch Bramlitt Assistant Design Manager 901-495-8714 fax 901-495-8991 Mitch.Bramlitt(iv,AutoZone.com CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: April 27, 2010 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. l P;~je~~am;--------A-ut_o_z_o_ne-S-it_e_P_la-n-----------------~I I LUA {file) Number: LUA-10-004, ECF, SA-A I ! Cross-References: LUAl0-022 I i AKA's: _ Project Manager: Rocale Timmons i -=----=--------------------1 Acceptance Date: February 4, 2010 ; Applicant: . Owner: , Contact: ' PID Number: · ERC Decision Date: ERC Appeal Date: Administrative Approval: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date Appealed to Council: • By Whom: · Council Decision: · Mylar Recording Number: Travest Story Brian O'Farrell -O'Farrell Properties LLC Same as applicant 1823059082 March 1, 2010 March 19, 2010 March 2, 2010 March 19, 2010 Date: Date: • Project Description: Construction of 1-story retail building for AutoZone; approximately 7,300 1 • sq. ·1 Location: 175 Rainier Avenue S ~o~-~-e-n-ts_= ______________________________ __.J STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on March 5, 2010. The full amount of the fee charged for said foregoing publication is the sum of $87.50. {t~q /,?/ :;?'a.fl(;' 1da M. Mills Legal Advertising Representative, Renton Reporter Subscribed and sw9rn to me this 5th day March, 2010. -' ) ·/_;[ . 't for 'the State of Washington, Residing NOfICEOF ENVIRONMENTAL DETERMfNATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee has issued a Determination of Non- Significance-Mitigated for the following project under the authority of the Renton Municipal Code. AutoZone LUAI0-004, SA-A. ECF Location: 175 Rainier Ave S. Admin. Site Plan and SEPA review request for I-story 7,300 SF AutoZone on 24,510 SF CA zoned site. Access provided via two existing curb cuts on Rainier Ave S. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on March 19, 20!0. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA , , \ \ \ \ \ \ \ 1 1 98057. Appeals to the Examiner ,,,, ' I Ir, are governed by City of Renton ~'\)p,..~SEG 1 '1 11 Municipal Code Section 4-8- :" -1... ,,,'?~-,~·;• .... ,. 11 I IO.B. Additional information = .:z:. .~:~ _\·-~ · < ./'1.1 I', regarding the appeal process may = /..,:.. _.--· ~ :--" 1 ', :;_ "...-~ be obtained from the Renton City ~ ,,:r ~ · _ ~ S Clerk's Office, (425) 430-6510. ~ ~--.::. · ~ 0 ::;:.: Published in the Renton Reporter ~ > :::: on March 5, 2010. #336322. ~ -:::-- /I c:Z: :: I c~ : ,, '...: ·, • \" ./ ---? ,,,, ,,.-·1· ,·-,".-:· ...... --,, . : u• ,-..... Ill\\\\\\\\'~'" NOTICE OF ENVIRONMENTAL DETERMIMATION ISSUANCE OF A OETERMLNATION OF NON-SIGNIFICANCE-MmGATED (DN5-M) POSTI:Ol'O NOTIF'f \NTERESl"ED PERSONS OF AN EN'w'l~ONMENTALACTION '710,IECl"lil,Mt, A<ll<,lonl---- l'P.<lJEcrNUWID, UIA:I.IJ.Ol)l,ECf,SA-A ~~N' :.::::.-:-....;....,.,,dmh,ll••--Plonand-...,.....W[W'Al -,..,.,i.;. ,.,.,..,.._ .ra---, ,.u11 buldlr,c fa< ~--.-.,.1,300 ---In...._ Tllepn,JoCt--af•l4,510_.,""7lCA-a<lpa-e,ol, n...1s .. -,....._-Sland ~far-s.,,,_ l*tin&,;,, IM-..tol27--1>11.-.,lclecljun-,d, Olld-ofdlo, p,_..i"""mm,, -'<US<'ID1Nmi.~Ntw1>0JUSllns ....... a,t,1.._~lo<AnSo#"Ol!adl..,•ls ,.._ 0 ~~--ontan111o..elailbart .. ll'<IP"'1yto1Mll<lr'ttl;W....,..s.a.rtt,j. 111 .. ""'"" ____ ..,...._ THE CTTY OF RENTON ENVIRONMENTAL !IEl/lEW COMMITTEE IERC) HA!i DETERMINED TH,0.T TltE PROPOSED AcnON DOE5 NOT KAvt A SIGNIFICANT AOVERSE IMPACT ON TlfE ENVIRONMENT. Af> ols of Ille •""""""'errtal dettrmlnaliaft .......t M fk4 lo writlnJ.,."'" befont 5:1111 p.m. on M.-ch 19, 20: Appello mus'! be fhd In wrtt1,. tos,rtt,er aid, tM rwquited fee with: MentnJ El<alfllr>er, City ol fl,entl>n, 105S South Grady Woy, Renton, WA 9811$7. Appeals 'ID~ E.arrwnef ..., ·-t>'I C1tJ of "-MWlkipal c.,e 5<f<:tlo<t 4-3-UO-L Additional lnft,rmatla• rep.-,. 11M appeal process "'"' be olmllned from tt,e lhlnton City Carll'iOffli;a, (4ZSI 00-010. If THE EN\AAON!,IIENTAL DETERMINATION 15 ""'1'EAL!'O, A PU~LIC HEARING Will BE Sl:T ANO AU PAl\nES NQTlFIEll. _n FOR FU RIB ER INFORMATION, PLEAS!: CONTACTnlE crrv OF RENTON,_DEPARTMENT OF COMMUNl"IY &. ECONOMIC DEVELOPMENT AT (42S) 430-1200. DO NOT REMOVE THIS NOTICE W1THOUT PROPER AUTliORIZATION Please Include lhe prO)tl!d NUMBER when ~llnc for Pf09'!!r file identiflatlon. CERTIFICATION I, ,:'.,--,/ ,,-,, L " -• , 1 "-' ,~, c,' '>hereby certify that copies of the above document were posted in ----..:2 conspicuous places or nearby the described property on Date:. __ .: __ ?,_, _s_-_,_· _Z-C> __ I_C'_· ____ _ I I Signed:._' -'-+-'·~· ..._· ....... -(~-.__.,_, _-_ .... ·-'r---'-'--,...-=---- STATE OF WASHINGTON COUNTY OF KING } } ss ) I certify that I know or have satisfactory evidence that K occ...__ke \ , ,--.--, mo r.5 signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: "/,;/9-010 Notary Public in anfw the State of Washington Notary (Print): t-/ _ ,4 My appointment expires: A ""i u,5 + :J q ;;;_ t> ID -----.,:-Jt--"----'"1/'-----~------- CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT -PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 4th day of March, 2010, I deposited in the mails of the United States, a sealed envelope containing ERC Determination documents. This information was sent to: Name Agencies Travest Story, Petra Engineering, LLC Brian O'Farrell, O'Farrell Properties LLC Nate Dolejsi Dorothy Meyer Gretchen Kaehler, Dept. of Archaeology & Historic Preservation (Signature of Sender): STATE OF WASHINGTON Dated: 3 / y ( 2 .., 1 0 -~'-'-I-, ...... '"'-'"-'-"--- Representing' See Attached Contact Owner Party of Record Party of Record Party of Record Notary Publitimrnd for the State of Washington Notary (Print): _____ i-1_._A_;._. _.:::0...:.t.::.''-:..:h::.."'-.:c'c...~----------- My appointment expires: A ~ "'-'> \-~ C{ 1 d O l D :.'.~-' ,, .'-"'•WM't~-:~,~:.~ .;z9Je~ttNim-~ AutoZone Site Plan -Rainier ••'·""'*"' ,. :r.:··JS7~1"', iIProJec~:l!l~.!Ji.b,r , LUAl0-004, ECF, SA-A template -affidavit of service by mailing , Dept. of Ecology * Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region "' Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers * Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers • Depart. of Natural Resources PO Box47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. Attn: SEPA Section 900 Oakesdale Ave. SW Renton, WA 98055-1219 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) WDFW -Larry Fisher"' 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 Duwamish Tribal Office * 4717 W Marginal Way SW Seattle, WA 98106-1514 KC Wastewater Treatment Division * Environmental Planning Supervisor Ms. Shirley Marroquin 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 City of Newcastle Attn: Steve Roberge Director of Community Development 13020 Newcastle Way Newcastle, WA 98059 Puget Sound Energy Municipal Liaison Manager Joe Jainga Muckleshoot Indian Tribe Fisheries Dept. • Attn: Karen Walter or SEPA Reviewer 39015-172"' Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program * Attn: Ms Melissa Calvert 39015172"' Avenue SE Auburn, WA 98092-9763 Office of A~chaeology & Historic Preservation* Attn: Gretchen Kaehler PO Box48343 Olympia, WA 98504-8343 City of Kent Attn: Mr. Fred Satterstrom, AICP Acting Community Dev. Director 220 Fourth Avenue South Kent, WA 98032-5895 City of Tukwila Steve Lancaster, Responsible Official 6200 Southcenter Blvd. PO Box 90868, MS: XRD-OlW Tukwila, WA 98188 Bellevue, WA 98009-0868 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application. template -affidavit of service by mailing OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: PROJECT NUMBER: LOCATION: AutoZone Site Plan -Rainier LUAl0-004, ECF, SA-A 175 Rainier Avenue S DESCRIPTION: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 24,510 square foot CA zoned parcel. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the proposed structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the north; Watson Security. There are no critical areas located on site. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITIEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on March 19, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTIFIED. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. ' Denis Law C'ty f _ _:M•y:..or ______ _.J,.__...,~11w11 March 3, 2010 Travest Story Petra Engineering LLC 2602 N Proctor Street #205 Tacoma, WA 98407 Department of Community and Economic Development Alex Pietsch,Administrator SUBJECT: . ENVIRONMENTAL THRESHOLD (SEPA) DETERMINATION AutoZone Site Plan -Rainier, LUAl0-004, ECF, SA-A Dear Mr. Story: This letter is written on behalf of the Environmental Review Committee (ERC) and the Planning Director to advise you that they have completed their review of the subject project. The ERC, on March 1, 2010, issued a threshold Determination of Non- Significance -Mitigated with Mitigation Measures. See the enclosed Report and Decision, Part 2, Section G for a list of the Mitigation Measures. Also, the Planning Director, on March 2, 2010, approved the Site Plan with conditions. Please refer to Part 3, section E of the Report and Decision for the list of conditions of approval. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on March 19, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- 110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)-430-6510. The preceding information will assist you in planning for implementation of your project and enable you to exercise your appeal rights more fully, if you choose to do so. If you have any questions or desire clarification ofthe above, please call me at (425) 430-7219. For the Environmental Review Committee, ~~ Timmons Renton City Hall • 1055 South Grady Way • Renton,Washington 98057. • rentonwa.gov ' \ Travest Story March 4, 2010 Page 2 of 2 Enclosure cc: Nate Dolejsi, Dorothy Meyer, Gretchen Kaehler/ Parties of Record Brian O'Farrell / Owner(s) H:\CED\Planning\Current Planning\PROJECTS\10-004.Rocale\ERC Determination Ltr 10-004.doc Denis Law Mayor March 3, 2010 Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 r t __ ,,_~., Department of Community and Economic Development Alex Pietsch, Administrator Subject: ENVIRONMENTAL (SEPAi DETERMINATION Transmitted herewith is a copy ofthe Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on March 1, 2010: DETERMINATION OF NON-SIGNIFICANCE -MITIGATED PROJECT NAME: AutoZone Site Plan • Rainier PROJECT NUMBER: LUAl0-004, ECF, SA-A LOCATION: 175 Rainier Avenue S DESCRIPTION: The applicant is proposing Administrative Site Plan and Environmental (SEPAi Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 24,510 square foot CA zoned parcel. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the proposed structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the north; Watson Security. There are no critical areas located on site. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on March 19, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- 110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Renton City Hall • 1055 South Grady Way • Renton,Washington 98057. • ren~onwa.gov Washington State Departmen :ology March 4, 2010 Page 2 of 2 Please refer to the enclosed Notice of Environmental Determination for complete details, If you have questions, please call me at (425) 430-7219. For the Environmental Review Committee, ·~;,._ Roca Timmons Ass ciate Planner Enclosure cc: King County Wastewater Treatment Division Boyd Powers, Department of Natural Resources Karen Walter, Fisheries, Muckleshoot Indian Tribe Melissa Calvert, Muckleshoot Cultural Resources Program Gretchen Kaehler, Office of Archaeology & Historic Preservation Ramin Pazooki, WSDOT, NW Region Larry Fisher, WDFW Duwamish Tribal Office US Army Corp. of Engineers H:\CE D\Planning\Current Planning\PROJECTS\10-004.Roca le\ERC Agency Letter 10·004.doc DEPARTMENT OF COMMUNI Ir AND ECONOMIC DEVELOPMENT DETERMINATION OF NON-SIGNIFICANCE-MITIGATED MITIGATION MEASURES APPLICATION NO{S): APPLICANT: PROJECT NAME: LUAl0-004, ECF, SA-A Travest Story, Petra Engineering, LLC AutoZone DESCRIPTION OF PROPOSAL: The applicant is proposing Administrative Site Plan and Environmental {SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 24,510 square foot CA zoned parcel. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the proposed structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the north; Watson Security. There are no critical areas located on site. LOCATION OF PROPOSAL: LEAD AGENCY: MITIGATION MEASURES: 175 Rainier Avenue S The City of Renton Department of Community & Economic Development Planning Division 1. The applicant shall be required to provide Temporary Erosion and Sediment Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most recent Department of Ecology Stormwater Management Manual. This condition shall be subject to the review and approval of the Development Services Division prior to the issuance of construction permits. 2. A survey shall be submitted that conforms to the requirements and standards of the Washington State Office of Archaeology and Historic Preservation and must be conducted under the on-site supervision of a state-approved archaeologist prior to construction permit approval. 3. The applicant shall pay a Traffic Mitigation Fee, prior to issuance of the building permit. The fee, at $75.00 per each new weekday trip, has been estimated to be $31,184.2S. 4. The applicant shall pay a Fire Mitigation Fee, prior to issuance of the building permit. The fee, at $0.52 per net square foot of new building area, has been estimated to be $10,850.00. ERC Mitigation Measures Page 1 of 1 DEPARTMENT OF COMM UNI,, AND ECONOMIC DEVELOPMENT DETERMINATION OF NON-SIGNIFICANCE-MITIGATED ADVISORY NOTES & CONDITIONS APPLICATION NO(S): APPLICANT: PROJECT NAME: LUAl0-004, ECF, SA-A Travest Story, Petra Engineering, LLC AutoZone DESCRIPTION OF PROPOSAL: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 24,510 square foot CA zoned parcel. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the proposed structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the north; Watson Security. There are no critical areas located on site. LOCATION OF PROPOSAL: LEAD AGENCY: 175 Rainier Avenue S The City of Renton Department of Community & Economic Development Planning Division Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process far environmental determinations. Planning: 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90} days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 3. Commercial, multi-family, new single-family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00} a.m. and eight o'clock (8:00} p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00} a.m. and eight o'clock (8:00} p.m. No work shall be permitted on Sundays. ERC Advisory Notes Page 1 of4 4. All landscaping shall be irrigated by an approved irrigation system prior to final occupancy permits Water: 1. Water system development fees will apply if applicant adds a new water meter or increases the size of the existing domestic, fire line, or irrigation meter. 2. A water extension and installation sufficient to provide fire flow and domestic service is required. Sewer. 1. Sewer system development fees will apply if applicant adds a water meter or increases size of the existing domestic, fire, or irrigation meter. Surface Water: 1. Design shall be in accordance with the 2005 KCSWM. 2. The Surface Water SDC fee is $0.405 per square foot of new impervious area but not less than $1,012. This fee is collected at the time a construction or utility permit is issued, prior or concurrent to the issuance of the building permit. Transportation: 1. A Traffic Mitigation Fee of $75.00 per additional Average Daily Trip shall be assessed. (ITE gth Addition, (843) 61.91/1000 sq ft) with an 8% pass-by credit. The fee is calculated based on the final design square footage but as shown will be $31,184.25 payable with the building permit. 2. Additional right-of-way may be needed for the Rainier Avenue 5 proposed improvements but will be negotiated separately with the project. The design accommodates the worst case possibility. Fire: 1. The preliminary fire flow is 2,250 gpm. Three fire hydrants are required. One within 150-feet and two within 300 feet of the buildings. Any existing fire hydrants used to satisfy the requirements shall meet current fire code including 5-inch storz fittings. 2. Approved fire sprinkler systems are required throughout the building. Separate plans and permits are required by the Fire Department. Direct outside access is required for the fire sprinkler room. 3. On site Fire Department apparatus access is no longer required due to the relocation of the building closer to Rainier Ave 5 4. An electronic site plan is required prior to occupancy for pre-fire planning purposes. General: 1. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 2. All plans shall be tied to a minimum of two horizontal and vertical controls per the City's current horizontal and vertical control network. CONDITIONS: 1. The applicant shall comply with the four mitigation measures issued as part of the Determination of Non- Significance Mitigated, dated March 1, 2010. ERC Advisory Notes Page2of4 2. The applicant shall be required to record a Lot Line Adjustment reflecting the property's lot lines as depicted on Exhibit 2 prior to building permit approval. As an alternative the applicant may submit a modification to the approved Site Plan which reflects the surveyed lot lines, at the time of building permit, as long as all development standards of the CA zone can be met. 3. The applicant shall be required to obtain an access easement on the abutting property to the north prior to building permit approval or revise the site plan with alternative circulation meeting the standards outlined in the Renton Municipal Code. 4. The applicant shall provide a site lighting plan that provides adequate lighting for public safety without casting excessive glare on adjacent properties at the time of building permit review. s. The applicant shall include a prominent entrance along the eastern elevation that faces the street. The primary building entrance should be made visibly prominent by incorporating a minimum of one of the following architectural features: (1) Recess; (2) Overhang; (3) Canopy; (4) Portico. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The applicant is highly encouraged to provide a recessed entrance along the eastern fa~ade in order to maintain the same building footprint and also provide additional modulation and visual interest along the streetscape. 6. The applicant shall provide weather protection at 4-1/2 feet wide over any customer entrances not facing Rainier Ave S. Weather protection shall be depicted on revised elevations that are subject to approval by the Current Planning Project Manager. 7. The applicant shall submit elevations for the refuse and recyclable enclosure. Elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Elevations shall include a roof, screening around the perimeter of the wall and have self-closing doors. Chain link, plastic or wire fencing is prohibited. 8. The applicant shall submit a materials list, noting the difference in materials for the pedestrian pathways. The list shall be submitted to and approved by the Current Planning Project Manager prior to construction or building permit approval. 9. The applicant shall submit a revised landscape plan that includes native evergreen and deciduous trees, shrubs and groundcovers/perennials. Up to 50 percent of shrubs may be deciduous and shall be planted at the minimum rate of one per 20 square feet of landscaped area. Shrubs shall also be at least 12 inches tall at planting and have a mature height between three and four feet. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 10. The applicant shall submit a landscape maintenance surety device for a period of no less than three years in sufficient amount as determined by the Current Planning Manager prior to temporary. 11. The applicant shall submit an irrigation plan to and be approved by the Current Planning Project Manager prior to construction permit approval. 12. The applicant shall submit revised elevations that depict alternative methods to mass the proposed building such as angled or curved facade elements, off-set planes, wing walls, and/or terracing for the eastern elevation. Revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The applicant is highly encouraged to provide a recessed entrance along the eastern fa~ade in order to maintain the same building footprint and also provide additional modulation and visual interest along the streetscape. ERC Advisory Notes Page 3 of4 13. The applicant shall include evergreen climbing vines within each metal trellis on the northern and southern elevations. The revised elevations and landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 14. The applicant shall ensure visibility in and out of the building be maintained and the proposed finish for the aluminum storefront be included on the materials board to be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 15. The applicant shall match the color of the roof-mounted mechanical equipment to the color of exposed portions of the roof. 16. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. ERC Advisory Notes Page 4 of 4 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE APPLICATION NO(S): APPLICANT: PROJECT NAME: -MITIGATED (DNS-M) LUAl0-004, ECF, SA-A Travest Story, Petra Engineering, LLC AutoZone DESCRIPTION OF PROPOSAL: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 24,510 square foot CA zoned parcel. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the proposed structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the north; Watson Security. There are no critical areas located on site. LOCATION OF PROPOSAL: 175 Rainier Avenue S LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 p_m. on March 19, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- 110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF DECISION: SIGNATURES: f- j c,l Gregg Zimmerman, Administrator Public Works Department March 5, 2010 March 1, 2010 Date ~~~~L/"""\:::::::_~,=====~-~~~~~·3i1 /20,0 Terry H1gashiyama, Administrator Community Services Department Date , Interim Administrator ~V:\ Axl'iesch,dministrator 1 Department of Community & Economic Development Date Date DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT TO: FROM: MEETING DATE: TIME: LOCATION: ENVIRONMENTAL REVIEW COMMITTEE MEETING AGENDA Gregg Zimmerman, Public Works Administrator Terry Higashiyama, Community Services Administrator Mark Peterson, Interim Fire & Emergency Services Administrator Alex Pietsch, CED Administrator Jennifer Henning, Current Planning Manager Monday, March l, 2010 3:00 p.m. Sixth Floor Conference Room #620 THE FOLLOWING IS A CONSENT AGENDA Autozone LUAl0-004, ECF, SA-A (Timmons) Location: 175 Rainier Avenue S. Description: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 24,510 square foot CA zoned parcel. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the proposed structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the north; Watson Security. There are no critical areas located on site. Barbee Mill Community Dock II {Wasser) LUAl0-006, ECF, SM Location: 4125 and 4151 Williams Avenue N. Description: The applicant is requesting approval of a Shoreline Substantial Development Permit and Environmental (SEPA) Review for a proposed community dock with a 5-foot, 10-inch wide by 172-foot long main walkway and a 7-foot, 10-inch wide by 56-foot long "T" section which would provide lake access for aquatic activities of Conner Homes at Barbee Mill residents and their guests. The community dock would provide transient moorage only. A 5-foot, 10- inch wide by 26-foot long finger dock is also proposed and would extend south from the main walkway at approximately 52-feet waterward of the Ordinary High Water Mark (OHWM). The finger pier would be for the sole use of a proposed future residence located at 4125 Williams Avenue North. The dock would be fully grated, 1,592 square feet in size and supported by fourteen 6-inch and fourteen 8-inch diameter steel batter piles which would be installed using a barge-mounted vibratory pile driving ENVIRONMENTAL REVIEW cm March 1, 2010 PAGE 2 OF 2 TEE MEETING AGENDA system. All dock sections would be prefabricated. Dock construction is anticipated to last 12 to 15 work days and would be conducted during the Washington Department of Fish and Wildlife construction window of July 16 through December 31. cc: D. Law, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, CED Director• W. Flora, Deputy Chief/Fire Marshal• P. Hahn, Transportation Director C. Vincent, CED Planning Director• N. Watts, Development Services Director• L. Warren, City Attorney • F. Kaufman, Hearing Examiner D. Pargas, Assistant Fire Marshal J. Medzegian, Council DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE REPORT AND ADMINISTRATIVE SITE DEVELOPMENT PLAN REPORT & DECISION ERC MEETING DATE: Project Name: Owner: Applicant/Contact: File Number: Project Manager: Project Summary: Project Location: Site Area: STAFF RECOMMENDATION: March 1, 2010 AutoZone Brian O'Farrell; O'Farrell Properties LLC; PO Box 7603; Covington, WA 98042 Travest Story; Petra Engineering, LLC; 2602 N Proctor-Ste. 205; Tacoma, WA 98407 LUAl0-004, ECF, SA-A Rocale Timmons, Associate Planner The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 24,510 square foot CA zoned parcel. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the proposed structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the north; Watson Security. There are no critical areas located on site. 175 Rainier Ave S 24,510 SF (0.56 ac) Proposed New Bldg. Area (gross): 7,300 SF Siaff Recommends that the Environmental Review Committee issue a Determination of Non-Significance -Mitigated (DNS-M). Project Location Map ERC and Site Plan 10-004 City of Renton Department of Community & f--1omic Development AUTOZONE Environmental Review Committee & Administrative Site Plan Report LUA10-004, SA-A, ECF Report of March 1, 2010 Page 2 of 22 PART ONE: PROJECT DESCRIPTION/ GENERAL INFORMATION A. Exhibits Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. Exhibit 2: Zoning and Neighborhood Detail Map Exhibit 3: Site Plan Exhibit 4: Landscape Plan Exhibit 5: Elevations Exhibit 6: Aerial Photo of Project Site Exhibit 7: Letter from Department of Archaeology and Historic Preservation B. General Information 1. Owner(s) of Record: 2. Zoning Designation: 3. Comprehensive Plan Land Use Designation: 4. Existing Site Use: 5. Neighborhood Characteristics: Brian O'Farrell O'Farrell Properties LLC PO Box 7603 Covington, WA 98042 Commercial Arterial (CA) Commercial Corridor (CC) Drive-thru espresso Stand North: Watson Security Retail Store (CA Zone) East: Harold's Auto Rebuild, Veterinary Hospital and Retail Bldg (CA Zone) South: A-1 Clutch Brake & Transmission Service Garage-(CA Zone) West: Single Family Residential {CA Zone) 6. Access: 7. Site Area: Via two existing curb cuts along along Rainier Ave S. 24,510 SF (0.56 ac) C. Historical/Background Action Comprehensive Plan Zoning Annexation ECF 0. Project Narrative Description N/A N/A N/A Gas Station Decommission Land Use File No. N/A N/A N/A LUA02-137 Ordinance No. Date 4924 12/5/2001 5099 11/1/2004 1320 7/6/1948 N/A 12/6/2002 The proposed project, an AutoZone retail building, would be sited on a vacant commercial parcel that fronts onto Rainier Ave S just south of SW Victoria St. The property is zoned Commercial Arterial (CA) and within the Commercial Corridor (CC) land use designation. The site is currently used by a drive-thru espresso stand that is proposed for removal. The proposed project area is predominately gravel surfaced with areas of existing concrete for circulation surrou, ,ding the espresso stand, curb and sidewalks along Rainier Ave S. ERC/Site Plan Report City of Renton Department of Commun/tr& Ec"nomic Development AUTOZONE Environmental Revi~··· Committee & Administrative Site Plan Report LUA10-004, SA-A, ECF Report of March 1, 2010 Page 3 of 22 The proposed one story building would abut Rainer Ave Son the northeast portion of the parcel. The structure would be located at the existing grade; therefore no significant grade changes would be required. Some excavation of existing soil would be necessary at the building location. The volume of the cut would be approximately 500 cubic yards and would be balanced onsite. A total of 27, including 2 accessible, parking spaces are proposed on site within surface parking areas located along the south and west sides of the building. The amount of impervious area would be increased by the proposal from 12,820 square feet to 21,310 square feet. New landscaping is proposed around the perimeter of the site and within the surface parking lots. Access would be gained from two existing curb cuts along Rainier Ave S; north and south of the structure. A pedestrian walkway is provided around all sides of the building and connects the entrance of the proposed structure to the existing public sidewalk on Rainier Ave S. The proposed building would oe approximately 7,300 gross square feet in area and is proposed to front Rainier Ave S. The height to the top of the roof would be 21 feet and O inches in height at the tallest point and the exterior will be comprised mostly of stucco, brick, glass and metal materials. Proposed trash and recycling containers would be within screened enclosures located on the southwest portion of the site. The proposed landscape plan includes an 8 foot landscape strip along Rainier Ave Sand landscaping within surface parking areas. There are three trees located along the frontage which are proposed for retention. There are no known critical areas on or near the site. Staff received comments from the Department of Archaeology and Historic Preservation; regarding the potential for an archeological site in the area (Exhibit 7). E. Public Services 1. Utilities a. Water: There is an existing 6-inch cast iron water main within the frontage of the property which is connected to a 12-inch main on the east side of Rainier Ave S. b. Sewer: There is a11 8-inch side sewer connection to the existing building. c. Surface/Storm Water: There are existing drainage and conveyance systems adjacent to the site. 2. Streets: Improvements are installed along the frontage of the site. 3. Fire Protection: City of Renton Fire Department PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. F. Environmental Threshold Determination Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS-M with a 14-day Appeal Period. G. Mitigation Measures 1. The applicant shall be required to provide Temporary Erosion and Sediment Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most recent Department of Ecology Stormwater Management Manual. ERC/Site Plan Report City of Renton Department of Community & Economic Development AUTOZONE Report of March 1, 2010 Environmental Revi 0 •v Committee & Administrative Site Plan Report LUA10-004, SA-A, ECF Page 4 of 22 This condition shall be subject to the review and approval of the Development Services Division prior to the issuance of construction permits. 2. A survey shall be submitted that conforms to the requirements and standards of the Washington State Office of Archaeology and Historic Preservation and must be conducted under the on-site supervision of a state-approved archaeologist prior to construction permit approval. 3. The applicant shall pay a Traffic Mitigation Fee, prior to issuance of the building permit. The fee, at $75.00 per each new weekday trip, has been estimated to be $31,184.25. 4. The applicant shall pay a Fire Mitigation Fee, prior to issuance of the building permit. The fee, at $0.52 per net square foot of new building area, has been estimated to be $10,850.00. H. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated ta occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The site is nearly level with slopes of 1 percent or less with the steepest slope at 5 percent on the northwestern portion of the site. The geotechnical report provided with the application for Site Plan Review classified the soils on the site as sandstone. No evidence of instability was included within the report. The applicant proposes to excavate approximately 500 cubic yards which would be balanced on site. Following developmrnt impervious surface coverage will be approximately 90%. Mitigation Measures: No mitigation recommended. Nexus: Not applicable. 2. Water a. Storm Water Impacts: The applicant submitted a "Technical Information Report," by Petra Engineering, LLC. (Dated December 30, 2009), as part of the application materials. The proposed project would result in removal of a 320 square-foot drive-thru espresso stand and the construction of the new 7,300 square foot AutoZone building. Surface parking stalls, walkways, and new landscaped areas are also proposed. According to the Drainage Report, there would be an increase of 8,S10 square feet of impervious area. A preliminary storm drainage plan, per 2005 KCSWDM has been submitted with the application and is acceptable as a preliminary design. The applicant is proposing a storm system that would connect to the existing City storm system directly in front of the entrance into the site. Flow within the City system drains to the south through 8-inch pipes. At the intersection of Rainier Ave S and S 2°' Street the system heads east where the pipes increase to 18-inches in diameter. Water quality treatment would be accomplished by way of a stormfilter system. Also due to the potential for erosion to occur from the subject site staff recommends that a temporary erosion control plan be submitted that complies with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the most recent edition of the Stormwater Management Manual. The plan must be approved by the Development Services Division prior to issuance of the construction permit. Mitigation Measures: The applicant shall be required to provide Temporary Erosion and Sediment Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most recent Department of Ecology Stormwater ERC/Site Plan Report City of Renton Department of Community & Economic Development AUTOZONE Report of March 1, 2010 Environmental Revi"'''V Committee & Administrative Site Plan Report LUA10-004, SA-A, ECF Page 5 of 22 Management Manual. This condition shall be subject to the review and approval of the Development Services Division prior to the issuance of construction permits. Nexus: SEPA Environmental Regulations, Department of Ecology Stormwater Management Manual. 3. Historic and Cultural Preservation Impacts: Staff received comments from the Department of Archaeology and Historic Preservation; regarding the potential for an archeological site in the area (Exhibit 7). It is possible that archaeological artifacts or a historic site could be encountered during project construction. This is due to the site's proximity to former archaeological discoveries. Please be aware that archaeological sites are protected from knowing disturbance on both public and private lands in Washington States. Staff recommends, as a mitigation measure, that a survey be submitted that conforms to the requirements and standards of the Washington State Office of Archaeology and Historic Preservation and must be conducted under the on- site supervision of a state-approved archaeologist prior to construction permit approval. Mitigation Measures: A survey shall be submitted to the Current Planning Project Manager that conforms to the requirements and standards of the Washington State Office of Archaeology and Historic Preservation and must be conducted under the on-site supervision of a state-approved archaeologist prior to construction permit apprc,,,al. Nexus: SEPA Environmental Regulations 4. Transportation Impacts: The project would be accessed, by means of existing curb cuts, from Rainier Ave S. The applicant is proposing to obtain an access easement, on the abutting property to the north. As a condition of Site Plan Review the applicant will be required to obtain the access easement on the abutting property to the north prior to building permit approval or revise the site plan with alternative circulation meeting the standards outlined in the Renton Municipal Code. Additional right-of-way may be needed for the Rainier Ave S planned improvements; but exact square footage and improvements will be negotiated separately. The design as submitted accommodates the worst case scenario. The proposed project would impact the City's street system. Staff recommends as a mitigation measure a Traffic Mitigation Fee of $75.00 per additional Average Daily Trip be assessed (ITE 8'h Addition, (843) 61.91/1000 sq ft) with an 8% pass-by credit. The fee is calculated based on the final design square footage but as shown will be $31,184.25 payable with the building permit. Mitigation Measures: Th.: applicant shall pay a Traffic Mitigation Fee, prior to issuance of the building permit. The fee, at $75.00 per each new weekday trip, has been estimated to be $31,184.25. Nexus: Transportation Mitigation Fee Resolution 3100; Ordinance 4489; SEPA Environmental Regulations 5. Fire & Police Impacts: The Fire Prevention Bureau and the Police Department have indicated they have the ability to provide service to the project provided required improvements are made and a Fire Impact Fee is assessed. The fee, at $0.52 per net square foot of new building area, has been estimated to be $3,796.00. Mitigation Measures: The applicant shall pay a Fire Mitigation Fee, prior to issuance of the building permit. The fee, at $0.52 per net square foot of new building area, has been estimated to be $3,796.00. Nexus: Fire Mitigation Fee Resolution 2895, SEPA Environmental Regulations I. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been inco(porated into the text of this report and/or "Advisory Notes to Applicant." ERC/Site Plan Report City of Renton Department of Community & Economic Development AUTOZONE Environmental Revi-· · Committee & Administrative Site Plan Report LUA10-004, SA-A, ECF Report of March 1, 2010 Page 6 of 22 ./ Copies of all Review Comments are contained in the Official File and may be attached to this report. PART THREE: ADMINISTRATIVE SITE DEVELOPMENT PLAN REVIEW This decision on the administrative land use action is made concurrently with the environmental determination. A. Staff Review Comments Representatives from various City deportments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the appropriate recommendations have been incorporated into this report. B. Consistency with Site Development Plan Review Criteria The Site Development Plan Review Criteria set forth in Section 4-9-200 of the Renton Municipal Code forms the basis of the Site Plan Review, as follows: 1. Conformance with the Comprehensive Plan, its elements and policies The Comprehensive Plan Land Use Map designation for the project property is Commercial Corridor. The purpose of CC is to evolve from "strip commercial" linear business districts to business areas characterized by enhanced site planning incorporating efficient parking lot design, coordinated access, amenities, and boulevard treatment. The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies as long as all conditions of approval are complied with: Land Use Element Objective LU-GGG: Guide redevelopment of land in the Commercial Corridor designation with Commercial Arterial zoning, from the existing strip commercial forms into more concentrated forms, in which structures and parking evolve fram the existing suburban form, to more efficient urban configurations with cohesive site planning. ,/ Policy Objective Met ONotMet Policy LU-358: Parking areas should be landscaped (including street trees, buffers, berms), especially along roadways, to reduce visual impacts. ,/po/icy Objective Met D Not Met Policy LU-369: Development should be designed to consider potential adverse impacts on adjacent, less intensive uses, e.g. lighting, landscaping, and setbacks should all be considered during design. ,/ Policy Objective Met ONotMet Community Design Element Policy CD-17: Development should be designed (e.g. building orientation, setbacks, landscape areas and open space, parking, and outdoor activity areas) to result in a high quality development as a primary goal, rather than to maximize density as a first consideration. ,/ Policy Objective Met ONotMet Policy CD-21: Development should have buildings oriented toward the street or a common area rather than toward parking lots. ,/ Policy Objective Met 2. Conformance with existing land use regulatians ERC/Site Plan Report ONotMet City of Renton Department of Community & Ec"'nomic Development AUTOZONE Report of March 1, 2010 Environmental Revin, .. Committee & Administrative Site Plan Report WA10-004, SA-A, ECF Page 7 of 22 a. Use: The subject site is zoned Commercial Arterial (CA). The purpose of the CA zone is to evolve from "strip commercial" linear business districts to business areas characterized by enhanced site planning, incorporating efficient parking lot design, coordinated access, amenities and boulevard treatment. The CA zone provides for a wide variety of indoor and outdoor retail sales and services. Retail Sales are a permitted use in the CA zone. b. Lot Coverage -The CA zoning designation allows a maximum building coverage of 65 percent of the site area. The proposed building footprint of 7,300 square feet on the 24,510 square foot commercial building pad results in a building lot coverage of 29.7 percent. The proposed structure complies with the development standard for lot coverage. c. Setbacks -The CA zoning designation would require a minimum front yard setback of 10 feet which may be reduced to zero feet during the site plan development review process and a maximum front yard setback of 15 feet. No other side or rear setbacks are required. The applicant has depicted lot lines that are not accurate and reflect a possible Lot Line Adjustment that is planned to be submitted as a separate application. Therefore, as a condition of approval, the applicant shall be required to record a Lot Line Adjustment reflecting the property's lot lines as depicted on Exhibit 2 prior to building permit approval. As an alternative the applicant may submit a modification to the approved Site Plan which reflects the surveyed lot lines, at the time of building permit, as long as all development standards of the CA zone can be met. The proposed building would be set back from the front property line approximately 8 feet at the closest point and modulates to a setback of 15 feet. A 45-foot rear yard setback, at the closest point, is proposed from the pending west property line and a 71-foot side yard setback is proposed from the pending south property line. The applicant is not proposing a side yard setback from the northern property line. In the CA zone, the minimum front yard setback is 10 feet but may be reduced through the site plan review process provided no blank walls are located within the reduced setback. The applicant is proposing a reduced setback down to a minimum setback of 8 feet from the front property line for the center 60 feet of the 94-foot 8-inch eastern facade. The remainder of the fa~ade is recessed 7 feet with a 15-foot setback from the front property line. The building elevations indicate various building materials would be used in order to add texture in addition to the proposed building modulation. If the conditions of approval are complied with the applicant will achieve visual interest along the fa~ade facing the street. Therefore staff supports the proposed reduction in the front yard setback from 10 feet to 8 feet if all conditions of approval are met. Landscaping -The CA zone requires a 10-foot landscape strip along the street frontage, except where reduced through the site plan development review process. The landscaping requirements apply to the subject site's Rainier Ave S frontage. A conceptual landscape plan was submitted with the project application. The applicant is proposing to reduce the 10-foot landscape strip down to as little as 8 feet along the portions of the site that immediately abut the center 60-foot portion of the building. The applicant is requesting a modification in order to reduce the landscaping along the frontage of the site down to 8 feet. There is an additional 5 feet of right-of-way that would also be used for landscaping. The landscape plan includes a planting plan; the proposed tree species largely consist of maple, crabapple, and cypress trees. Groundcover would consist of kinnickinnick, ryegrass and fescue. Very little to no shrubbery was proposed on site. Conditions of approval, within the Design Review table below, if complied with the landscaping will provide visual relief; define areas of pedestrian circulation; and add to the aesthetic enjoyment of the area. Therefore staff supports the proposed reduction in the landscaping from 10 feet to 8 feet if all conditions of approval are met. Underground sprinkler systems are required to be installed and maintained for all landscaped areas. The sprinkler system shall provide full water coverage of the planted areas specified on the ERC/Site Plan Report City of Renton Department of Community & f~-,omic Development AUTOZONE Report of March 1, 2010 Environmental Revi-· · Committee & Administrative Site Plan Report LUA10-004, SA-A, ECF Page 8 of 22 plan. A detailed landscape plan and irrigation plan will need to be submitted at the time of building permit review. d, Height -The CA zone allows a maximum building height of 50 feet. The tallest point of the building would be the parapets extending above the flat roof on the east and west elevations, which would have a height of 21 feet and O inches. e. Refuse and Recyclable Deposit Areas-The City's refuse and recyclable standards for a retail development require a minimum of 5 square feet per every 1,000 square feet of building gross floor area for recyclable deposit areas and a minimum of 10 square feet per 1,000 square feet of building gross floor area for refuse deposit areas. Based on the proposed gross floor area of 7,300 square feet for the new building a minimum of 37 square feet of recyclable deposit areas would be required and a minimum of 73 square feet of refuse deposit areas would be required. The approximate location of the refuse and recyclable areas were shown on the submitted site plan, and would be located at the southwest corner of the site and screened from view of the surrounding properties. The applicant has proposed a 198 square foot area to be dedicated to refuse and recyclable. As proposed the refuse and recyclable area exceeds the minimum requirements. f. Parking/Circulation: The parking regulations require a specific number of off-street parking stalls be provided based on the amount of square footage dedicated to certain uses. The following ratios would be applicable to the site: Use Net Sguare Footage of Use Ratio Reguired S11aces Reta i I Sales 6,700 SF Min: 4 spaces/ 1,000 SF Min:27 Max: 5 spaces/ 1,000 SF Max: 34 Based on these use requirements, a minimum of 27 parking spaces would be required to meet code. The applicant proposed to provide a total of 27 spaces. The parking conforms to the minimum requirements for drive aisle and parking stall dimensions and the provision of ADA accessible parking stalls. Within the proposed surface parking lot, 15 square feet of landscaping per parking space would be required for parking lots with 15-50 parking stalls. Based on the proposal for 27 surface parking stalls, a minimum of 405 square feet of landscaping would be required within the surface parking areas. The submitted landscape analysis indicates that a total of 2,400 square feet of landscaping would be provided that would buffer the proposed parking area. As proposed the landscaping w0uld exceed the minimum requirement. 3. Mitigation of impacts to surrounding properties and uses; City staff does not anticipate any adverse impacts on surrounding properties and uses as long as the conditions of approval are complied with. All parcels immediately surrounding the subject property are zoned Commercial Arterial (CA). Surrounding uses include single family residential, retail and auto- oriented uses. The proposed retail use is anticipated to be compatible with existing and future surrounding uses as permitted in the CA zone. The scale, height and bulk of the proposed building are appropriate for the site and are anticipated to be architecturally compatible with development in the project vicinity. The proposed building footprint of 7,300 square feet on the 24,510 square foot site results in a building lot coverage of 30 percent. The height to the top of the flat roof would be 21 feet and O inches. While there would be an increase size from the existing structure, the scale of the proposed structure would be appropriate in relation to neighboring properties. The structure would closely resemble the scale of the abutting properties to the north, east and south. There are single family residential uses to the east, however thE-,e would be no change in scale from those properties as there is a substantial grade change buffering the use. ERC/Site Plan Report City of Renton Depanment of Community & fcnnomic Development AUTOZONE Report of March 1, 2010 Environmental Revi0 •11 Committee & Administrative Site Plan Repon LUAl0-004, SA-A, ECF Page 9 of 22 The scale and bulk of the building is reduced through the use of differing materials on the building facades. A 60-foot red aluminum storefront window system is proposed to be located at the center of the 95-foot wide eastern fa,ade; which is setback from the front property line approximately 8 feet. The remainder of the eastern fa,ade modulates back to 15 feet from the front property line. Decorative metal trellis work would be provided on the north and south elevations in order to enhance visual interest. The exterior of the structure would be comprised mostly of a stucco system with a split-face CMU base fa,ade for the lower 2/3 of the building; which grounds the structure. The stucco system and CMU base are separated by a differentiation of material; smoothface CMU block. The roof profile includes a flat roof with an extending parapet on the east and western facade. The massing along the eastern fa,ade, specifically the 60-foot red aluminum storefront windows could be broken up to provide visual interest. Other design features and human scale elements could have also been incorporated into the design in order to enhance the aesthetic appeal. Conditions of approval, related to the design of the structure are included in the Design Review table below in order to encourage creativity in the building design and discourage standard architectural design associated with franchise development. The site is accessed from two existing curb cuts of which one is located off-site and shared with the property abutting to the north. Surface parking areas, in the amount of 27 stalls, would be provided to the south and west of the structure. No parking would be provided in between the street and the building. The proposed refuse and recycle area is located on the southwest corner of the site, and is proposed to be screened. However, elevations for the enclosure were not provided with the Site Plan application. A condition of approval requiring the applicant to provide elevations for the enclosure is recommended in the Design Review table below. The applicant is also proposing to screen roof-top equipment from view with the parapets that extend above the roof on the east and west facades. See further discussion in the Design Review table below. According to code, pa,·king lot lighting fixtures are to be non-glare and mounted no more than 25 feet above the ground. This is to help minimize the impact onto abutting properties and on-site building. 4. Mitigation of impacts of the proposed site plan to the site; The site currently contains a 320 square foot drive-thru coffee shop and associating parking and drive- aisles that are proposed for removal. The proposed 7,300 square foot footprint on the 24,510 square foot site results in a building lot coverage of 30 percent. The site is nearly level with slopes of 1 percent or less with the steepest slope at 5 percent on the northwestern portion of the site. The applicant proposes to excavate approximately 500 cubic yards which would be balanced on site. Approximately 50% of the site is currently covered with impervious surfaces. The proposal increases that percentage to approximately 90%. Due to the size of the site and the need for parking and circulation, it is a challenge to limit the paved and/or impervious surfaces on the site. There are three trees located along the frontage of the site that are proposed for retention. The applicant is proposing landscaping around the perimeter of the site and within the surface parking lot. The landscape plan i:,cludes a planting plan; the proposed tree species largely consist of maple, crabapple, and cypress trees. Groundcover would consist of kinnickinnick, ryegrass and fescue. Very little to no shrubbery was proposed on site. Additional landscaping elements are required to be included in the landscape plan in order to reinforce the architecture of the structure; please see conditions within the Design District Review table below. Please see additional discussion under Criteria 1, 7 and 8 and also within the Design Review table below. 5. Conservation of area-wide property values; ERC/Site Plan Report City of Renton Department of Community & Ecnnomic Development AUTOZONE Environmental Revi 0 w Committee & Administrative Site Plan Report LUAl0-004, SA-A, ECF Report of March 1, 2010 Page 10 of 22 The proposed development is expected to conserve and possibly increase property values in the vicinity of the site. The development of the site provides improvements to infrastructure, landscaping, lighting and additional employment opportunities. 6. Safety and efficiency of vehicle and pedestrian circulation; Access would continue to be gained via two curbs located Rainier Ave S of which one is located off site on the abutting property to the north. As a condition of approval, staff recommends the applicant be required to obtain an access easement on the abutting property to the north prior to building permit approval or revise the site plan with alternative circulation meeting the standards outlined in the Renton Municipal Code. Vehicle circulation would be improved on the interior of the site as a result of the proposal and access would be consolidated with the property to the north. The site development would include 27 parking stalls (2 ADA accessible, 6 compact and 19 standards stalls) within the surface lot, which comply with the parking requirements for the proposed use. The applicant has proposed 90 degree head-in parking using a two way circulation pattern and has an aisle width of 24 feet which complies with the aisle width standards of the code. 7. Provision of adequate light and glare; The proposed building is designed appropriately to allow adequate light and air circulation to the building and the site. The design of the building will not result in excessive shading of the property. In addition, there is ample area surrounding the building to provide normal airflow. A lighting plan was not submitted with the application materials. As a condition of Site Plan Approval the applicant shall provide a site lighting plan that will provide adequate lighting for public safety without casting excessive glare on adj~cent properties at the time of building permit review. 8. Mitigation of noise, adars and other harmful or unhealthy conditions; The proposed development is not anticipated to generate any harmful or unhealthy conditions. There would be noise impacts of increased traffic and activity that are normally associated with a retail development. 9. Availability of public services and facilities to accommodate the proposed use; Fire and Police Department staff has indicated that existing facilities are adequate to accommodate the subject proposal, subject to the applicant's payment of the necessary impact fees. As imposed by the Environmental Review Committee, the applicant will be required to pay a Fire and Traffic Mitigation Fee prior to the issuance of building permits. The site is served by the City of Renton for all utilities. There is an existing 6-inch cast water iron main within the frontage of the property which is connected to a 12-inch main on the east side of Rainier Ave S. There is an 8-inch sanitary sewer main in an easement rubbing across the property. 10. Prevention of neighbe,,'hood deterioration and blight; No deterioration or blight is expected to occur as a result of this proposal as long as development standards are maintained. The development would be compatible with the existing neighborhood. 11. Review of Compliance to District D Design Guidelines; The site is located within Design District 'D'. The proposed project must meet the intent of the Design Regulations where the regulations are applicable. As demonstrated in the table below the proposal meets the intent of the Design Regulations on the basis of individual merit if all conditions of approval are met. A. SITE DESIGN AND BUILDING LOCATION: Intent: To ensure that buildings are located in relation to streets and other buildings so that the Vision of the City of Renton can be realized for a high-density urban environment; so that businesses enjoy visibility from public rights-of-way; and to encourage pedestrian activity throughout the district. ERC/Site Plan Report City of Renton Deportment of Community & Ecnnomic Development AUTOZONE Environmental Revie•v Committee & Administrative Site Plan Report LUAl0-004, SA-A, ECF Report of March l, 2010 Page 11 of 22 1. 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 efficiency 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. N/A Minimum Standard: Provide a network of public and/or private local streets in addition to public arterials. Minimum Standard: Maintain a hierarchy of streets to provide organized circulation that N/A promotes use by multiple transportation modes and to avoid overburdening the roadway system. The hierarchy shall consist of (from greatest in size to smallest): (a) High Visibility Street. A highly visible arterial street that warrants special design treatment to improve its appearance and maintain its transportation function. (b) Arterial Street. A street classified as a principal arterial on the City's Arterial Street Plan. (c) Pedestrian-Oriented Streets. Streets that are intended to feature a concentration of pedestrian activity. Such streets feature slow moving traffic, narrow travel lanes, on-street parking, and wide sidewalks. (d) Internal or local roads (public or private). 2. Building Location ana Orientation: Intent: To ensure visibility of businesses; establish active, lively uses along sidewalks and pedestrian pathways; organize buildings in such a way that pedestrian use of the district is facilitated; encourage siting of structures so that natural light and solar access are available to other structures and open space; enhance the visual character and definition of streets within the district; provide an appropriate transition between buildings, parking areas, and other land uses and the street; and increase privacy for residential uses located near the street. ,/ Minimum Standard: Orient buildings to the street with clear connections to the sidewalk. Minimum Standard: The front entry of a building shall not be oriented to a drive aisle, but instead a public or private street or landscaped pedestrian-only courtyard. Not Compliant Staff Comment: There are no entrances proposed on the fa,ade facing the street, nor is there a prominent entrance visible from the street. Therefore the front entry of the building is not oriented to the street. See condition below under Building Entries. 3. Building Entries: Intent: To make building entrances convenient to locate and easy to access, and ensure that building entries further the pedestrian nature of the fronting sidewalk and the urban character of the district. Minimum Standard: A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human-scale elements. Staff Comment: There are no entrances proposed on the fa,ade facing the street nor is there a prominent entrance visible from the street. As a condition of approval the applicant shall be Not Compliant required to include a prominent entrance along the eastern elevation that faces the street. The primary building entrance should be made visibly prominent by incorporating a minimum of ane of the following architectural features: (1) Recess; (2) Overhang; (3) Canopy; (4) Portico. The revised elevations shall be submitted to and approved by the Current Planning Project Manager priar to building permit approval. The applicant is highly encouraged to provide a recessed entrance along the eastern fa,ade in order to maintain the same building footprint and also provide additional modulation and visual interest along the streetscape. Minimum Standard: Multiple buildings on the same site shall provide a continuous network N/A of pedestrian paths and open spaces that incorporate landscaping to provide a directed view to building entries. N/A Minimum Standard: Ground floor units shall be directly accessible from the street or an open space such as a courtyard or garden that is accessible from the street. Minimum Standard: Secondary access (not fronting on a street) shall have weather protection at least 4-1/2 feet wide over the entrance or other similar indicator of access. Not Compliant Staff.Comment: The applicant has proposed entrances to the building on the north and south sides of the aluminum storefront window system that are not proposed to be weather protected. However the applicant may apt to remove the proposed entrances after the condition of approval, for a prominent entrance alang the eastern elevation, is complied with. ERC/Site Plan Report City of Renton Deportment of Community & E,.rinomic Development AUTOZONE Environmental Revi"''V Committee & Administrative Site Plan Report LUAl0-004, SA-A, ECF Report of March 1, 2010 Page 12 of 22 As o condition of approval, the applicant shall provide weather protection at 4-1/2 feet wide over any customer entrances not facing Rainier Ave S. Weather protection shall be depicted on revised elevations that are subject to approval by the Current Planning Project Manager prior to building permit approval. ./ Minimum Standard: Pedestrian access shall be provided to the building from property edges, adjacent lots, abutting street intersections, crosswalks, and transit stops. 4. Transition to Surrounding Development: Intent: To shape redevelopment projects so that the character and value of Renton's long-established, existing neighborhoods are preserved. Minimum Standard: Careful siting and design treatment are necessary to achieve a ./ compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. At least one of the following design elements shall be considered to promote a transition to surrounding uses: a. Setbacks at the side or rear of a building may be increased by the Reviewing Official in order to reduce the bulk and scale of larger buildings and so that sunlight reaches adjacent yards; b. Building proportions, including step-backs on upper levels; c. Building articulation to divide a larger architectural element into smaller increments; or d. Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. 5. Service Element Location and Design: Intent: To reduce the potential negative impacts of service elements (i.e., waste receptacles, loading docks) by locating service and loading areas away from high-volume pedestrian areas, and screening them from view in high visibility areas. Minimum Standard: Service elements shall be located and designed to minimize the impacts ./ on the pedestrian environment and adjacent uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use (see illustration, RMC 4-3-100E7e). Minimum Standard: Garbage, recycling collection, and utility areas shall be enclosed, consistent with RMC 4-4-090, Refuse and Recyclables Standards, and RMC 4-4-095, Screening and Storage Height/Location limitations. Staff Comment: Elevations for the refuse and recycle enclosure were not provided with the site Not Compliant plan application. As a condition of approval the applicant shall submit elevations for the refuse and recyclable enclosure. Elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Elevations shall include a roof, screening around the perimeter of the wall and have self-closing doors. Chain link, plastic or wire fencing is prohibited. Minimum Standard: In addition to standard enclosure requirements, garbage, recycling Not Compliant collection, and utility areas shall be enclosed on all sides, including the roof and screened around their perimeter by a wall or fence and have self-closing doors. Staff Comment: See condition above. Not Compliant Minimum Standard: The use of chain link, plastic, or wire fencing is prohibited. Staff Comment: See condition above. Minimum Standard: If the service area is adjacent to a street, pathway, or pedestrian- ./ oriented space, a landscaped planting strip, minimum 3 feet wide, shall be located on 3 sides of such facility. 6. Gateways: Not Applicable B. PARKING AND VEHICULAR ACCESS: Intent: To provide safe, convenient access to the Urban Center and the Center Village; incorporate various modes of transportation, including public mass transit, in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided, while encouraging creativity in reducing the impacts of parking areas; allow an active pedestrian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district. 1. Location of Parking: ERC/Site Plan Report City of Renton Department of Community & fr~nomic Development AUTOZONE Environmental Revi-Committee & Administrative Site Plan Report LUA10-004, SA-A, ECF Report of March l, 2010 Page 13 of 22 Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. ,I Minimum Standard: No surface parking shall be located between a building and the front property line or the building and side property line on the street side of a corner lot. 2, Design of Surface Parking: Intent: To ensure safety of users of parking areas, convenience to businesses, and reduce the impact of parking lots wherever possible. Minimum Standard: Parking lot lighting shall not spill onto adjacent or abutting properties. Staff Comment: A lighting plan was not submitted as part of the application materials, Not Compliant therefore staff could not verify whether or not there would be light spillover onto adjacent properties. Staff has recommended, as a condition of approval, the applicant submit a site lighting plan to be reviewed and approved by the Current Planning Project Manager prior to construction or building permit approval. ,I Minimum Standard: All surface parking lots shall be landscaped to reduce their visual impact (see RMC 4-4-080F7, Landscape Requirements). 3. Structured Parking Garages: Not Applicable C. PEDESTRIAN ENVIRONMENT: Intent: To enhance the urban character of development in the Urban Center and the Center Village by creating pedestrian networks and by providing strong links from streets and drives to building entrances; make the pedestrian environment safer and more convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access points, and through parking lots; and promote the use of multi-modal and public transportation systems in order to reduce other vehicular traffic. 1. Pathways through Parking Lots: Intent: To provide safe and attractive pedestrian connections to buildings, parking garages, and parking lots. ,I Minimum Standard: Clearly delineated pedestrian pathways and/or private streets shall be provided throughout parking areas. N/A Minimum Standard: Within parking areas, pedestrian pathways shall be provided perpendicular to the applicable building facade, at a maximum distance of 150 feet apart. 2, Pedestrian Circulation: Intent: To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment. N/A Minimum Standard: 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. ,I Minimum Standard: Sidewalks located between buildings and streets shall be raised above the level of vehicular travel. Not Compliant Minimum Standard: Pedestrian pathways within parking lots or parking modules shall be differentiated by material or texture from adjacent paving materials. Staff Comment: A materials list was not submitted as part of the application therefore staff coulcl not verify whether or not pedestrian pathways would be differentiated by material or texture. Staff recommends, as a condition of approval, the applicant submit a materials list, noting the difference in materials for the pedestrian pathways. The list shall be submitted to and approved by the Current Planning Project Manager prior to construction or building permit approval. ,/ Minimum Standard: Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: N/A (a) Sidewalks and pathways along the facades of mixed use and retail buildings 100 or more feet in width (measured along the facade) shall provide sidewalks at least 12 feet in width. The walkway shall include an 8 foot minimum unobstructed walking surface and street trees (see illustration, subsection RMC-4-3-100.G4d). ,/ (b) To increase business visibility and accessibility, breaks in the tree coverage adjacent to major building entries shall be allowed. ,/ (c) For all other interior pathways, the proposed walkway shall be of sufficient width to accommodate the anticipated number of users. ERC/Site Plan Report City of Renton Department of Community & E'"""nomic Development AUTOZONE Environmental Revi~ ... Committee & Administrative Site Plan Report LUAl0-004, SA-A, ECF Report of March 1, 2010 Page 14 of 22 ,r Minimum Standard: Locate pathways with clear sight lines to increase safety. Landscaping shall not obstruct visibility of walkway or sight lines to building entries. Minimum Standard: 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. Staff. Comment: See condition above. 3. Pedestrian Amenities: Intent: To create attractive spaces that unify the building and street environments and are inviting and comfortable for pedestrians; and provide publicly accessible areas that function for a variety of activities, at all times of the year, and under typical seasonal weather conditions. ,r Minimum Standard: Provide pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs. These elements shall be a minimum of 4-1/2 feet wide along at least 75 percent of the length of the building facade, a maximum height of 15 feet above the ground elevation, and no lower than 8 feet above ground level. N/A Minimum Standard: Site furniture provided in public spaces shall be made of durable, vandal- and weather-resistant materials that do not retain rainwater and can be reasonably maintained over an extended period of time. N/A Minimum Standard: Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. D. LANDSCAPING/RECREATION AREAS/COMMON OPEN SPACE: Intent: To provide visual relief in areas of expansive paving or structures; define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. To have areas suitable for both passive and active recreation by residents, workers, and visitors; provide these areas in sufficient amounts and in safe and convenient locations; and provide the opportunity for community gathering in places centrally located and designed to encourage such activity. 1. Landscaping: Intent: Landscaping is intended to reinforce the architecture or concept of the area; provide visual and climatic relief in areas of expansive paving or structures; channelize and define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. ,r Minimum Standard: All pervious areas shall be landscaped (see RMC 4-4-070, Landscaping). ,r Minimum Standard: Street trees are required and shall be located between the curb edge and building, as determined by the City of Renton. Not Compliant Minimum Standard: On designated pedestrian-oriented streets, street trees shall be installed with •ree grates. For all other streets, street tree treatment shall be as determined by the City of Renton (see illustration, subsection RMC 4-3-100.H3a). Staff. Comment: There are three trees located along the frontage of the site which are proposed to be retained. The applicant is not proposing additional trees along the frontage of the site. There are also pending plans for street improvements, which include the planting of street trees, along Rainier Ave S. As a result, the applicant is not required to comply with the standards for tree grates and will work with the City separately for improvements within the right-of-way. ,r Minimum Standard: The proposed landscaping shall be consistent with the design intent and program of the building, the site, and use. Not Compliant Minimum Standard: The landscape plan shall demonstrate how the proposed landscaping, through the use of plant material and nonvegetative elements, reinforces the architecture or concept of the development. Staff. Comment: The landscape plan submitted by the applicant includes a planting plan, the proposed tree species largely consist of maple, crabapple, and cypress trees. Groundcover would consist of kinnickinnick, ryegrass and fescue. Very little to no shrubbery was proposed on site. Additional landscaping elements are required to be included in the landscape plan in order to reinforce the architecture of the structure and create diversity within the vegetation. Staff recommends, as a condition of approval, the applicant submit a revised landscape plan that includes native evergreen and deciduous trees, shrubs and groundcovers/perennials. Up to 50 percent of shrubs may be deciduous and shall be planted at the minimum rate of one per 20 square feet of landscaped area. Shrubs shall also be at least 12 inches tall at planting and £RC/Site Plan Report City of Renton Department of Community & Economic Development AUTOZONE Environmental Review Committee & Administrative Site Plan Report LUAl0-004, SA-A, ECF Report of March 1, 2010 Page 15 of 22 have a mature height between three and four feet. The revised landscape plan shall be submitted ta and approved by the Current Planning Project Manager prior to building permit approval . ., Minimum Standard: Surface parking areas shall be screened by landscaping in order to reduce views of parked cars from streets (see RMC 4-4-080F7, Landscape Requirements). Such landscaping shall be at least 10 feet in width as measured from the sidewalk (see illustration, subsection RMC 4-3-100.H3b) . ., Minimum Standard: Trees at an average minimum rate of one tree per 30 lineal feet of street frontage. Permitted tree species are those that reach a mature height of at least 35 feet. Minimum height or caliper at planting shall be eight feet or two inch caliper (as measured four feet from the top of the root ball) respectively. Not Compliant Minimum Standard: Shrubs at the minimum rate of one per 20 square feet of landscaped area. Shrubs shall be at least 12 inches tall at planting and have a mature height between three and four feet. Staff. Comment: See condition above . ., Minimum Standard: Ground cover shall be planted in sufficient quantities to provide at least 90 percent coverage of the landscaped area within three years of installation. Not Compliant Minimum Standard: The applicant shall provide a maintenance assurance device, prior to occupancy, for a period of not less than three years and in sufficient amount to ensure required landscape standards have been met by the third year following installation. Staff. Comment: Staff recommends, as a condition of approval, the applicant submit a landscape maintenance surety device for a period af no less than three years in sufficient amount as determined by the Current Planning Manager prior to temporary occupancy permit. ., Minimum Standard: Surface parking with more than 14 stalls shall be landscaped as follows: (1) Required Amount: Total Number of Spaces Minimum Required Landscape Area• 15 to 50 15 square feet/parking space 51 to 99 25 square feet/parking space 100 or more 35 square feet/parking space Not Compliant (2) Provide trees, shrubs, and ground cover in the required interior parking lot landscape areas. Staff. Comment: See condition above. ,/ (3) Plant at least one tree for every six parking spaces. Permitted tree species are those that reach a mature height of at least 35 feet. Minimum height or caliper at planting shall be eight feet or two inch caliper (as measured four feet from the top of the root ball) respectively. Not Compliant (4) Up to 50 percent of shrubs may be deciduous. Staff. Comment: See condition above. ,/ (5) Select and plant ground cover so as to provide 90 percent coverage within three years of planting; provided, that mulch is applied until plant coverage is complete. ,/ (6) Do not locate a parking stall more than 50 feet from a landscape area. ,/ Minimum Standard: Regular maintenance shall be provided to ensure that plant materials are kept healthy and that dead or dying plant materials are replaced. Not Compliant Minimum Standard: Underground, automatic irrigation systems are required in all landscape areas. Staff. Comment: An irrigation plan was not submitted as part of the application. Therefore staff recommends, as a condition af approval, the applicant submit an irrigation plan to and be approved by the Current Planning Project Manager prior to construction or building permit approval. 2. Recreation Areas and Common Open Space: Nat Applicable E. BUILDING ARCHITECTURAL DESIGN: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and ERC/Site Plan Report City of Renton Department of Community & Economic Development AUTOZONE Environmental Review Committee & Administrative Site Plan Report LUAl0-004, SA-A, ECF Report of March 1, 2010 Page 16 of 22 uses appropriate building materials that are suitable for the Pacific Northwest climate. To discourage franchise retail architecture. 1. Building Character and Massing: Intent: To ensure that buildings are not bland and visually appear to be at a human scale; and ensure that all sides of a building, that can be seen by the public, are visually interesting. Not Compliant Minimum Standard: All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). Staff Comment: There is a 60-faot red aluminum storefront window system located at the center of the 95-foot wide eastern fa,ade which modulates back 7 feet for the remainder of the facade. There is no modulation proposed on any of the other facades. Metal trellis work is proposed on the north and southern facades. Building facades should be modulated and/or articulated with architectural elements to reduce the apparent size of new buildings, break up long blank walls, add visual interest, and enhance the character of the structure. Alternative methods to mass the building such as angled or curved facade elements, off-set planes, wing walls, and terracing will be considered far the fa,ade facing the street in order to modify the standard for modulation. Therefore staff recommends as a condition of approval that the applicant submit revised elevations that depict alternative methods to mass the proposed building such as angled or curved facade elements, aft-set planes, wing walls, and/or terracing for the eastern elevation. Revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The applicant is highly encouraged to provide a recessed entrance along the eastern fa,ade in order to maintain the same building footprint and also provide additional modulation and visual interest along the streetscape. 2. Ground-Level Details: Intent: To ensure that buildings are visually interesting and reinforce the intended human-scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. ,/ Minimum Standard: Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited. A wall (including building facades and retaining walls) is considered a blank wall if: (a) It is a ground floor wall or portion of a ground floor wall over six feet in height, has a horizontal length greater than 15 feet, and does not include a window, door, building modulation or other architectural detailing; or (b) Any portion of a ground floor wall having a surface area of 400 square feet or greater and does not include a window, door, building modulation or other architectural detailing. Not Compliant Minimum Standard: Where blank walls are required or unavoidable, blank walls shall be treated with one or more of the following: (a) A planting bed at least five feet in width containing trees, shrubs, evergreen ground cover, or vines adjacent to the blank wall; (b) Trellis or other vine supports with evergreen climbing vines; (c) Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; (d) Artwork, such as bas-relief sculpture, mural, or similar; or (e) Seating area with special paving and seasonal planting. Staff Comment: The applicant has proposed metal trellis work on the northern and southern elevations; however evergreen climbing vines were not incorporated. Staff recommends as a condition of approval that the applicant include evergreen climbing vines within each metal trellis on the northern and southern elevations. The revised elevations and landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. N/A Minimum Standard: Treatment of blank walls shall be proportional to the wall. Not Compliant Minimum Standard: Provide human-scaled elements such as a lighting fixture, trellis, or other landscape feature along the facade's ground floor. Staff Comment: See condition above. Not Compliant Minimum Standard: Facades on designated pedestrian-oriented streets shall have at least 75 ERC/Site Plan Report City of Renton Deportment of Community & Ec,.,nomic Development AUTOZONE Environmental Revie•v Committee & Administrative Site Pion Report LUAl0-004, SA-A, ECF Report of March 1, 2010 Page 17 of 22 percent of the linear frontage of the ground floor facade (as measured on a true elevation facing the designated pedestrian-oriented street) comprised of transparent windows and/or doors. Stoff.Comment: See condition above under Building Entries. Minimum Standard: other facade window requirements include the following: Not Compliant (a) Building facades must have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be SOpercent. Staff. Comment: It is unclear if the aluminum storefront system with a red kynar finish would meet the standard above. Staff recommends, as a condition of approval, the applicant ensure visibility in and out of the building be maintained and the proposed finish for the aluminum storefront be included on the materials board to be submitted to and approved by the Current Planning Project Manager prior to building permit approval. See condition below under Building Materials. ,/ (b) Display windows shall be designed for frequent change of merchandise, rather than permanent displays. ,/ (c) Where windows or storefronts occur, they must principally contain clear glazing. ,/ (d) Tinted and dark glass, highly reflective (mirror-type) glass and film are prohibited. 3. Building Roof Lines: Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district. ,/ Minimum Standard: Buildings shall use at least one of the following elements to create varied and interesting roof profiles: (a) Extended parapets; (b) Feature elements projecting above parapets; (c) Projected cornices; (d) Pitched or sloped roofs. ,/ Minimum Standard: Locate and screen roof-mounted mechanical equipment so that the equipment is not visible within 150 feet of the structure when viewed from ground level. ,/ Minimum Standard: Screening features shall blend with the architectural character of the building, consistent with RMC 4-4-09SE, Roof-Top Equipment. Not Compliant Minimum Standard: Match color of roof-mounted mechanical equipment to color of exposed portions of the roof to minimize visual impacts when equipment is visible from higher elevations. Staff. Comment: Staff recommends, as a condition of approval, the applicant match the color of the roof-mounted mechanical equipment to the color of exposed portions of the roof. 4. Building Materials: Intent: To ensure high standards of quality and effective maintenance over time; encourage the use of materials that reduce the visual bulk of large buildings; and encourage the use of materials that add visual interest to the neighborhood. Not Compliant Minimum Standard: All sides of buildings visible from a street, pathway, parking area, or open space shall be finished on all sides with the same building materials, detailing, and color scheme, or if different, with materials of the same quality. Staff. Comment: In order to ensure that quality materials are used staff recommends the applicant submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. Not Compliant Minimum Standard: Materials, individually or in combination, shall have an attractive texture, pattern, and quality of detailing for ail visible facades. Staff.Comment: See comments above. Not Compliant Minimum Standard: Materials shall be durable, high quality, and reasonably maintained. Staff. Comment: See Condition above. Not Compliant Minimum Standard: Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. Staff. Comment: See comments above. ERC/Site Plan Report City of Renton Department of Community & Economic Development AUTOZONE Environmental Review Committee & Administrative Site Plan Report LUAl0-004, SA-A, ECF Report of March 1, 2010 Page 18 of 22 f, SIGNAGE: Intent: To provide a means of identifying and advertising businesses; provide directional assistance; encourage signs that are both clear and of appropriate scale for the project; encourage quality signage that contributes to the character of the Urban Center and the Center Village; and create color and interest. ,/ Minimum Standard: Signage shall be an integral part of the design approach to the building. ,/ Minimum Standard: Corporate logos and signs shall be sized appropriately for their location. ,/ Minimum Standard: Prohibited signs include: i. Pole signs; ii. Roof signs; iii. Back-lit signs with letters or graphics on a plastic sheet (can signs or illuminated cabinet signs). Exceptions: Back-lit logo signs less than ten (10) square feet are permitted as are signs with only the individual letters back-lit. N/A Minimum Standard: In mixed use and multi-use buildings, signage shall be coordinated with the overall building design. N/A Minimum Standard: Freestanding ground-related monument signs, with the exception of primary entry signs, shall be limited to five feet above finished grade, including support structure. All such signs shall include decorative landscaping (ground cover and/or shrubs) to provide seasonal interest in the area surrounding the sign. Alternately, signage may incorporate stone, brick, or other decorative materials as approved by the Director. N/A Minimum Standard: Entry signs shall be limited to the name of the larger development. G. LIGHTING: Intent: To ensure safety and security; provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, parking areas, building entries, and other public places; and increase the visual attractiveness of the area at all times of the day and night. Not Compliant Minimum Standard: Lighting shall conform to on-site exterior lighting regulations located in RMC 4-4-075, Lighting, Exterior On-Site. Staff Comment: Staff recommended, as a condition of Approval, the applicant be required to provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties at the time of building permit review. Pedestrian scale and dawnlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075 Lighting, Exterior On-Site. Not Compliant Minimum Standard: Lighting shall be provided on-site to increase security, but shall not be allowed to directly project off-site. Staff Comment: See Condition above Not Compliant Minimum Standard: Pedestrian-scale lighting shall be provided, for both safety and aesthetics, along all streets, at primary and secondary building entrances, at building facades, and at pedestrian-oriented spaces. Staff Comment: See Condition above C. Findings Having reviewed the written record in the matter, the City now enters the following: 1. Request: The Applicant has requested Administrative Site Plan Approval and Environmental Review for AutoZone, LUA 10-004, SA-A, ECF. 2. Environmental Review: The City's Environmental Review Committee (ERC) has reviewed the proposal and issued a Determination of Non-Significance-Mitigated (DNS-M) and imposed four mitigation measures. 3. Site Plan Review: The applicant's Site Plan Review application complies with the requirements for information necessary for site plan review. The applicant's plans are attached to this report. 4. Comprehensive Plan: The subject site is designated Commercial Corridor (CC) which permits retail uses. ERC/Site Plan Report City of Renton Department of Community & fc~nomic Development AUTOZONE Report of March 1, 2010 Environmental Revi01'J Committee & Administrative Site Plan Report WAl0-004, SA-A, ECF Page 19 of 22 5. Zoning: The site is zoned Commercial Arterial (CA). Retail uses are outright allowed in the CA zone. D. Conclusions 1. The subject project complies with the policies and codes of the City of Renton, provided all advisory notes and conditions of approval contained in this Report and Decision are complied with. 2. The subject project complies with the Commercial Corridor Comprehensive Plan designation and the Commercial Arterial zoning designation. 3. The City's Environmental Review Committee (ERC) has reviewed the proposal and issued a determination of non-significance-mitigated (DNS-M) and imposed four mitigation measures. E. Decision The proposed site plan for AutoZone, File No. LUAl0-004, ECF, SA·A is approved subject to the following conditions: 1. The applicant shall comply with the four mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated March 1, 2010. 2. The applicant shall be required to record a Lot Line Adjustment reflecting the property's lot lines as depicted on Exhibit 2 prior to building permit approval. As an alternative the applicant may submit a modification to the approved Site Plan which reflects the surveyed lot lines, at the time of building permit, as long as all development standards of the CA zone can be met. 3. The applicant shall be required to obtain an access easement on the abutting property to the north prior to building permit approval or revise the site plan with alternative circulation meeting the standards outlined in the Renton Municipal Code. 4. The applicant shall provide a site lighting plan that provides adequate lighting for public safety without casting excessive glare on adjacent properties at the time of building permit review. 5. The applicant shall include a prominent entrance along the eastern elevation that faces the street. The primary building entrance should be made visibly prominent by incorporating a minimum of one of the following architectural features: (1) Recess; (2) Overhang; (3) Canopy; (4) Portico. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The applicant is highly encouraged to provide a recessed entrance along the eastern fa~ade in order to maintain the same building footprint and also provide additional modulation and visual interest along the streetscape. 6. The applicant shall provide weather protection at 4·1/2 feet wide over any customer entrances not facing Rainier Ave S. Weather protection shall be depicted on revised elevations that are subject to approval by the Current Planning Project Manager. 7. The applicant shall submit elevations for the refuse and recyclable enclosure. Elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Elevations shall include a roof, screening around the perimeter of the wall and have self-closing doors. Chain link, plastic or wire fencing is prohibited. 8. The applicant shall submit a materials list, noting the difference in materials for the pedestrian pathways. The list shall be submitted to and approved by the Current Planning Project Manager prior to construction or building permit approval. 9. The applicant shall submit a revised landscape plan that includes native evergreen and deciduous trees, shrubs and groundcovers/perennials. Up to 50 percent of shrubs may be deciduous and shall be ERC/Site Plan Report Ciry of Renton Department of Community & Ec~nomic Development AUTOZONE Report of March 1, 2010 Environmental Revia•v Committee & Administrative Site Plan Report LUAl0-004, SA-A, ECF Page 20 of 22 planted at the minimum rate of one per 20 square feet of landscaped area. Shrubs shall also be at least 12 inches tall at planting and have a mature height between three and four feet. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 10. The applicant shall submit a landscape maintenance surety device for a period of no less than three years in sufficient amount as determined by the Current Planning Manager prior to temporary. 11. The applicant shall submit an irrigation plan to and be approved by the Current Planning Project Manager prior to construction permit approval. 12. The applicant shall submit revised elevations that depict alternative methods to mass the proposed building such as angled or curved facade elements, off-set planes, wing walls, and/or terracing for the eastern elevation. Revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. The applicant is highly encouraged to provide a recessed entrance along the eastern fa~ade in order to maintain the same building footprint and also provide additional modulation and visual interest along the streetscape. 13. The applicant shall include evergreen climbing vines within each metal trellis on the northern and southern elevations. The revised elevations and landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 14. The applicant shall ensure visibility in and out of the building be maintained and the proposed finish for the aluminum storefront be included on the materials board to be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 15. The applicant shall match the color of the roof-mounted mechanical equipment to the color of exposed portions of the roof. 16. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. c'. / c_ \ ) ;/k LA'..e,'-zj_- C.E. llChip" Vincent, Pl'irnning Director ~ TRANSMITTED this s" day of Morch 2010 to the Contact/Applicant/Owner: Contact/Applicant: Travest Story Petra Engineering, LLC 2602 N Proctor -Ste. 205 Tacoma, WA98407 ERC/Site Plan Report Owner: Brian O'Farre/1 O'Farre/1 Properties LLC PO Box 7603 Covington, WA 98042 City of Renton Deportment of Community & E""nomic Development AUTOZONE Report of March 1, 2010 TRANSMITTED this 5th day af March 2010 to the Parties of Record: Gretchen Kaehler Nate Dolejsi Department of Archaeology and 21 Armour Street Historic Preservation Seattle, WA 98109 PO Box48343 Olympia, Washington 98504-8343 TRANSMITTED this s'' day of March 2010 to the following: Neil Watts, Development Services Director Larry Meckling, Building Official Kayren Kittrick, Development Services Jennifer Henning, Current Planning Fire Marshal Renton Reporter Environmental Revi-·· Committee & Administrative Site Plan Report LUAl0-004, SA-A, ECF Dorothy Meyer 146 SE 167th Street Kent, WA 98042 Page 21 of 22 Land Use Action Appeals, Request far Reconsideration, & Expiration The Environmental Determination and the Administrative Site Development Plan Review decisions will become final if the decisions are not appealed within 14 days of the decision date. Environmental Determination Appeal: Appeals of the environmental determination must be filed in writing to the Hearing Examiner on or before 5:00 p.m., March 19, 2010. Administrative Site Development Plan Approval Appeal: Appeals of the administrative site development plan review decision must be filed in writing to the Hearing Examiner on or before 5:00 p.m. on March 19, 2010. APPEALS: An appeal of the decision(s) must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Renton Municipal Code Section 4-8-110.B governs appeals to the Hearing Examiner. Appeals must be filed in writing together with the $75.00 application fee to Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that a decision on a short plat be reopened by the Administrator (Decision-maker). The Administrator (Decision-maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision- maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. EXPIRATION: The Administrative Site Development Plan Review decision will expire two (2) years from the date of decision. A single two (2) year extension may be requested pursuant to RMC 4-9-200L.2. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex pa rte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process far the land use actions. Planning: 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the £RC/Site Plan Report City of Renton Department of Community & £r"'lomic Development AUTOZONE Environmental Revie•v Committee & Administrative Site Pion Report LUAl0-004, SA-A, ECF Report of March 1, 2010 Page 22 of 22 Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 3. Commercial, multi-family, new single-family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 4. All landscaping shall be irrigated by an approved irrigation system prior to final occupancy permits Water: 1. Water system development fees will apply if applicant adds a new water meter or increases the size of the existing domestic, fire line, or irrigation meter. 2. A water extension and installation sufficient to provide fire flow and domestic service is required. Sewer. 1. Sewer system development fees will apply if applicant adds a water meter or increases size of the existing domestic, fire, or irrigation meter. Surface Water: 1. Design shall be in accordance with the 2005 KCSWM. 2. The Surface Water soc fee is sn.405 per square foot of new impervious area but not less than $1,012. This fee is collected at the time a construction or utility permit is issued, prior or concurrent to the issuance of the building permit. Transportation: 1. A Traffic Mitigation Fee of $75.00 per additional Average Daily Trip shall be assessed. {ITE s" Addition, (843) 61.91/1000 sq ft) with an 8% pass-by credit. The fee is calculated based on the final design square footage but as shown will be $31,184.25 payable with the building permit. 2. Additional right-of-way may be needed for the Rainier Avenue S proposed improvements but will be negotiated separately with the project. The design accommodates the worst case possibility. Fire: 1. 2. 3. The preliminary fire flow is 2,250 gpm. Three fire hydrants are required. One within 150-feet and two within 300 feet of the buildings. Any existing fire hydrants used to satisfy the requirements shall meet current fire code including 5- inch storz fittings. Approved fire sprinkler systems are required throughout the building. Separate plans and permits are required by the Fire Department. Direct outside access is required for the fire sprinkler room. On site Fire Department apparatus access is no longer required due to the relocation of the building closer to Rainier Aves 4. An electronic site plan is required prior to occupancy for pre-fire planning purposes. General: 1. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 2. All plans shall be tied to a minimum of two horizontal and vertical controls per the City's current horizontal and vertical control network. ERC/Site Plan Report M .... N fa;; ,. ' s ,211t11s1 .... _ ~ ; l ' l .l § l l < R-8 R-8 • l -S130th$t-·-•-·•-" R-8 R-14 R-8 R-14 S 132noSl s,~si R-14 ?~ R-10 R-10 l t R'B IM ZONING MAP BOOK PW TECHNICAL SERVICES PRINTED ON 11/13/09 ""'"°'""""'~•ar••~'"""'""'""°"·""' '".''"""'"'""''"'"''""'·"'"'~°""""" ""°""'""''"""oo~,,~ol<••ofc""d.,"<I<,"" ""'"""~~, .. , ... ,"'''''"'""'""""""'""~ R·B IM • CA EXHIBIT 2 I J~ I woo ·r: .. , LJ 1,4,800 RNl·F CA EJEJ ~~, IM ~~t I i 'I ! < l < t "1W3rt1Sl .t! I/; C l R·B CA R-10 ~ $\TG: I CA .... QC -3 ·~· N CA .... ~ CA ~ i M M l. ·~· .... i::l F3 18 T23N RSE W 1/2 5318 ZONING MAP BOOK 74 92 93 455 · /-[f' 456: ,, 1=· 459 f L.._. _______ , \_81 -26T24N R4E ~J24NR5E 941/V 0 4551/V C2 "C3/{,·~ ·. :ao1 jb7 600 601 tfi12 11 _:'Ma:-{=M~~J~ :~Ao,,~ He 2~ i'23~ A4E 30 T23N R5~.;:: '29T23N'RSE -2S.::!'?:~_Fl5E--~·}, 26 T23N R51; ~: 25'· ~604 L =·-..J,' 605; .. 826, 11 a: = 1a~--=--== 17~] , -.J4 T23N F!SE 35 T23N R5E 36 6oa kr,1 60_§ _ ct!:. ,_~o, A'---'+--1-'c>.t.·~~~ ,JS~,~--,;JS,i.-. 833 22N R4E l!_~}ID_ENTIA~ 0 (RC) Resource Conservation ~ (R-1) Residential 1 du/ac ~ {R-4} Residential 4 du/ac [~8--j {R-8) Residential 8 du/ac ~ {RMH} Residential Manufactured Homes ~ {R-10) Residential 10du/ac ~ (R-14) Residential 14 du/ac [§_-_!] (RM-F) Residential Multi-Family 1;,,, • I (RM-T) Residential Multi-Family Traditional l~·M-L I (RM-U) Residential Multi-Family Urban Center J7 4 T22N)RsE ~ 3 T22N ASE 2T22N R5E 1 T2 Ml~_~_!? __ ~_E CE_t,J'!f:~S cv , (CV) Center Village uc-r11 · (UC-Nl) Urban Center-North 1 u:_!:_j (UC-N2) Urban Center-North 2 ~ (CO) Center Downtown COMMERCIAL ~ (COR) commercial/Office/Residential ~ (CA) Commercial Arterial ~ (CO) Commercial Office @] (CN) Commercial Neighborhood INDUSTRIAL ~ {IL) Industrial -Light ~ {IMJ Industrial -Medium 0 (IH) Industrial -Heavy -----Renton City Llmits -·-·--Adjar:enl City Llmits KROLL PAGE PAGE# INDEX SECT{rnWN/RANGf ~ ~ ffl C ~ ! -. 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'NOW31l ~2~ I w> !j!j ,,;i i H.tnos 3.1N3AV l:l3JNJVH OLI ow Ii <" .l ~' :rnozo1nv D'lfC~~ . -EB z .. '.l & ~ "<>,_ .. ~ ~ " 00 0 z '.l ~ < z ;; ,-::, w " ~ ...,......,,.,....Oil ..... ·~--- §~g;~:::~ "$' ~ i!!lil! C C: 0 O .... ';J, C 5 (\) .-er. C; 0 C: c ~ C: "' ·-Cl-() w ~~ ..- ~" ..- _J S2 ~-::::,. .~ a, ..... "" I- I-I ca 1-1 ::c >< w ~ - . ' . ON ON\/ SNOll \/11313 >101>131X3 ene6 VM ~N01N3H 3/\Y"tl31N~ U ( t 'ON 0.JOIS auozo1n1t --® ~ ,,, ~ ,. ' ,,, ·," ~ ~ ~ w z ~ w Q ~ e ~ ~ 1 5 • " s • > w • irl ; I~ ", ~. , N Ll0l788-s19· "ll.U'l'Jd~~poa)n·:1 :lYClTJO:) UO)l~llllOJ lUO:) :,:y Sucpp)H 10,J 696&·S61' ( I 06) :-:,,. v:, t1LS·)~¥1ll ~-~w ~o ""' ~/ ~ ~ ml&( :,;,ssam"'.l 's1qdm;,w 1:,;,.=,s iuo,.:1 ipnos tn 3,WNlln!Ulf•I :paJ!'l"-'V ~ ;~ 5 • ~" s > • ~ ~ ~' ~· ~l • N I <( in t- """ m """ ::c >< w ' ;l ~ . w irl ; 1 ~ e ! ~· zi • ~ z 0 ~ w ~ w ~ 0 ~ le X w ~ I, ENT Cl N 0.0 City of Renton, Washington 0 AutoZone LUA 10-004 O.Q1 EXHIBIT 6 ·~;- !!/ ,,. .-tll . , 1·· ... ·. ,;,. ';,· ' ' ~ , •• ~ -]1,·', '; . .. enerated static output from an Internet mapping site and . Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Jurisdictions Lakes and Rivers Parcels Street Names Rights of Way Streets Roads Aerial (June 2009) • Red. Band_ 1 • Green· Band_2 • Blue: Band_3 1:793 @8.5"x11" Notes Enter Map Description 0 STATE OF WASHINGTON DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION 1063 s. Capitol Way, Suite 106 • Olympia, Washington 98501 Mailing address: PO Box 48343 • Olympia, Washington 98504-8343 ( 360) 586-3065 • Fax Number (360) 586-3067 • Website: www.dahp.wa.gov February 18, 2010 Ms. Rocale Timmons Associate Planner City of Renton, CED 1055 South Grady Way Renton, WA 98507 In future correspondence please refer to: Log: 021810-27-KI Property: LUAI0-004, ECF, SA-A, Autozone Property Re: Archaeology -Survey Requested Dear Ms. Timmons: We have reviewed the materials forwarded to our office for the proposed project referenced above. The area has a high potential for archaeological resources. There are five previously recorded archaeological sites within 1,800 feet of the project area. One of these sites consisted of a human burial. Historic maps show that the project area was on the historic banks of the Black River. Historic maps also depict several donation land claims and an "Indian village" in the general vicinity. The scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we request a professional archaeological survey of the project area be conducted prior to ground disturbing activities. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues . . These comments are based on the information available at the time of this review and on behalf of the State Historic Preservation Officer. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Should you have any questions, please feel free to contact me at (360) 586-3088 or Gretchen.Kaehler@dahp.wa.gov. Sincerely, Gretchen Kaehler Assistant State Archaeologist CC. Laura Murphy, Muckleshoot Tribe Cecile Hansen, Duwamish Tribe Dennis Lewarch, THPO, Suquamish Tribe '"': 1 .;t;~PARTMENT OF ARCHAEOLOGY & HISTORIC PRESFDVATlntJ l Prc:tec1 :+ie Pa5'., $rope trie F:Jt'J'e EXHIBIT 7 Denis Law r City O l -----~M:a:yo:, _____ .............. . _!_~-rrru· tl April 27, 2010 Travest Story Petra Engineering, LLC 2602 N Proctor Street #205 Tacoma, WA 98407 Department of Community and Economic Development Alex Pietsch, Administrator SUBJECT: Autozone Site Plan LUAl0-004, ECF, SA-A Dear Mr. Story: This letter is to inform you that the appeal period ended March 19, 2010 for the Environmenta I Review Committee's (ERC) Determination of Non-Significance - Mitigated for the above-referenced project. No appeals were filed on the ERC determination therefore, this decision is final and application for the appropriately required permits may proceed. The applicant must comply with all ERC Mitigation Measures and Site Plan Conditions of Approval outlined in the Environmental Committee Report and Administrative Site Development Plan Report and Decision dated March 1, 2010. If you have any questions, please feel free to contact me at (425) 430-7219. For the Environmental Review Committee, ~~ Rocal Timmons Ass ciate Planner cc: Brian O'Farrell / Owner(s) Nate Dolejsi, Dorothy Meyer, Gretchen Kaehler/ Party(ies) of Record Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov 'SERVICES FEE REVIEW NO. 2010-03 ~-, ~~_:_!e~-re~iew supersedes and can_cels f_ee review no .. __ ;::::::::::::::::::::::d;•;t;e;d~=========~==========]~-- 1 APPLICANT: IO, FA"PIRE:LL :/?:ROpE.A:TJE§, u d RECEIVED FROM: I I JoeAooREss· I 17s ""RAIL.llE:R AVeWUe: e, I NATURE OF WORK: I COHHERCIAL -''EVY 7. <>--~ --~ -. . . I I LNDNo. I . . SUBJECT PROPERTY p ARENT PIO N o(s): )8'2'..::,0C/082 . . . ... . . ... ASSES.SMENT ~ " " ~ !,j DIST. PARCEL No.OF . : DlSTRICTS ~ '" .. C/l 0 No. No. METHOD OF ASSESSMENT UNITS AMOUNT . . • .. 0SAD D LATECOMER D D D - 0SAD D LATECOMER D D D - 0SAD D LATECOMER D D D - DSAD D LATECOMER D D D - 0SAD D LATECOMER D D D - JOINT USE AGREEMENT (METRO) D D D - . SYSTEM DEVELOPMENT O!ARGtS-'-WATER & WASTEWATER . . ... . ·.·· . ... WATER' WASTEWATER' METER SIZE Water Service Fee Amount Fire Service Fee Amounthc Wastewater Fee Amount 5/8" X %" $2,236 $292 $1,591 1" $5,589 $729 $3,977 11/i'' $11,179 $1,458 $7,954 2" $17,886 $2,332 $12,726 3" $35,711 $4,665 $25,452 4" $55,893 $7,288 $39,768 6" $111,786 $14,577 $79,537 8" $178,857 $23,323 $127,258 a Actual fee will be based on total of new meters minus total credit of existing meters b Based upon the size of the fire service {NOT detector bypass meter) C Unless a separate fire service is provided, the System Development 01.arge(s) shall be based upon the size of the meter installed and a separate fire service fee will not be charg-ed. SYSTEM DEVELOPMENT CHARGES-SURFACE WATER . · . .. . LAND USE TYPE N 0. OF UNITS/ SQ. FTG. New Single Family Residential (SFR) • $1,012/unit X Addition of~ 500 sf to existing SFR•I $0.405/sq ft of new impervious area x All Other Uses Y $0.405/sq ft of new impervious area x a Includes mobile home dwellings and manufactured homes ~ Fee shall not be greater than $1,012 y Fee shall not be less than $1,012 t11e,/10 bate • It is the intent of this development fee analysis to put the developer/owner on notice, that the quoted fees may be applicable to the subject site upon development of the property. All quoted fees are pctential charges that may be due and payable at the time the construction permit is issued to install the on-site and off-site improvements (i.e. underground utilities, street improvements, etc.) Triggering mechanisms for the SOC fees will be based on current City ordinances and determined by the applicable Utility Section. • The quoted fees do NOT include inspection fees, side sewer permits, r/w permit fees, the cost of water meters, or traffic benefit fees. • If subject property is within an UD, it is the developer's responsibility to check with the Finance Dept. for paid/nn-paid status. • Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of requirement to pay per Ordinance. EFFECTIVE: January 26, 2009 H: \File Sys\PRM -Property Services Administration \2 Forms\FeeR.eview\2010FeeRvw.doc SDCFEE ,=o I City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: FEBRUARY 18, 2010 ' APPLICATION NO: LUAl0-004 DATE CIRCULATED: FEBRUARY 4, 2010 APPLICANT: Traves! Story, Petra Engineering, LLC PLANNER: Rocale Timmons PROJECT TITLE: Autozone Site Plan PLAN REVIEWER: Kayren Kittrick SITE AREA: 24,510 square feet EXISTING BLDG AREA (gross): 7,300 square feet LOCATION: 175 Rainier Avenue S PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 30,600 square feet of CA zoned property. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the south; A-1 Clutch, Brake and Transmission. There are no critical areas located on site. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housinn Air Aesthetics Water Uaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transaortation Environmental Health Public Services Energy/ Historic/Culturaf Natural Resources Preservation Airport Environment 10,000 Feet 14 000 Feet B. POLICY-RELATED COMMENTS -PA,~1· .EP,"Tv '5rc:-1~v,c~">="<e:~ H ,, ,. , , , -c-'-, 'I ' ~ ,_,_ / ~-· C:'°r1 ~·1E1_1r 0 ' ft::"'£>2':F °l C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: lc.'fl()(\(Y) ,, . V:'V COMMENTS DUE: FEBRUARY 18, 2010 APPLICATION NO: LUAl0-004 DATE CIRCULATED: FEBRUARY 4, 2010 APPLICANT: Traves! Story, Petra Engineering, LLC PLANNER: Rocale Timmons PROJECT TITLE: Autozone Site Plan PLAN REVIEWER: Kayren Kittrick SITE AREA: 24,510 square feet EXISTING BLDG AREA (gross): 7,300 square feet LOCATION: 175 Rainier Avenue S PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 30,600 square feet of CA zoned property. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the south; A-1 Clutch, Brake and Transmission. There are no critical areas located on site. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More En.,,/ronment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water LinhtlG/are Plants Recreation Land/Shoreline Use Utilities Animals Transnortation Environmental Health Public Services Energy/ Natural Resources Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RE LA TEO COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. a/1 /10 ~, Date Denis Law C' f -__ _:M:ayo:r -------r 1ty O l February 24, 2010 Gretchen Kaehler Assistant State Archaeologist _!~~Jlfiljj Department of Community and Economic Development Alex Pietsch, Administrator Department of Archaeology and Historic Preservation PO Box48343 Olympia, Washington 98504-8343 RE: AutoZone Retail Building (LUAl0-004) Dear Ms. Kaehler: Thank you for your comments related to the AutoZone Retail Building; dated February 18, 2010. Your letter has been included in the official project file and you have been made a party of record. Your comments will be considered by the reviewing official before making a decision on this project. If you have any further questions regarding this project feel free to contact me at (425) 430-7219. Sincerely, Yj~~ Associate Planner cc: File LUAl0-004, SA-A, ECF Renton City Hall • 1055 South Grady Way • Renton, Washington 98057. • rentonwa.gov STATE OF WASHINGTON DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION 1063 S. Gap/to/ Way, Suite 106 • Olympia, Washington 98501 Mal/Ing address: PO Box 48343 • Olympia, Washington 98504-8343 (360) 586-3065 • Fax Number (360) 586-3067 • Website: www.dahp.wa.gov February 18, 2010 Ms. Rocale Timmons Associate Planner City of Renton, CED 1055 South Grady Way Renton, WA 98507 In future correspondence please refer to: Log: 021810-27-KI Property: LUAl0-004, ECF, SA-A, Autozone Property Re: Archaeology -Survey Requested Dear Ms. Timmons: We have reviewed the materials forwarded to our office for the proposed project referenced above. The area has a high potential for archaeological resources. There are five previously recorded archaeological sites within 1,800 feet of the project area. One of these sites consisted of a human burial. Historic maps show that the project area was on the historic banks of the Black River. Historic maps also depict several donation land claims and an "Indian village" in the general vicinity. The scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we request a professional archaeological survey of the project area be conducted prior to ground disturbing activities. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. These comments are based on the information available at the time of this review and on behalf of the State Historic Preservation Officer. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Should you have any questions, please feel free to contact me at (360) 586-3088 or Gretcben.Kaehler@dahp.wa.gov. Sincerely, Gretchen Kaehler Assistant State Archaeologist CC. Laura Murphy, Muckleshoot Tribe Cecile Hansen, Duwarnish Tribe Dennis Lewarch, THPO, Suquarnish Tribe .. ~~.,~EPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION l Protect /he Past. SMpe the Future City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: FEBRUARY 18, 2010 APPLICATION NO: LUAl0-004 DATE CIRCULATED: FEBRUARY 4, 2010 APPLICANT: Travest Story, Petra Engineering, LLC PLANNER: Roca le Timmons PROJECT TITLE: Autozone Site Plan PLAN REVIEWER: Kayren Kittrick SITE AREA: 24,510 square feet EXISTING BLDG AREA (gross): 7,300 square feet LOCATION: 175 Rainier PROPOSED BLDG AREA (gross) N/A PLEASE RETURN TO ROCALETIMMONS I CURRENT PLANNING 6TH FLOOR ARY OF PROPOSAL: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 30,600 square feet of CA zoned property. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the south; A-1 Clutch, Brake and Transmission. There are no critical areas located on site. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housinn Air Aesthetics Water Liaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transaortation ,,,. Environmental Health Public Services V Energy/ Natura( Resources Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additiqqal information is needed to properly assess this proposal. " 1 ) ( \ _,,, .) t.,...., V -:,.._,., l.._..,1 \;---J Signature of Director or Authorized Representative Date DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: February 10, 2010 TO: Roca le Timmons, Planning FROM: Kayren K. Kittrick, Development Engineering Autozone Site Plan SUBJECT: 175 Rainier Avenue S LUA-10-004 EXISTING CONDITIONS WATER -There is an existing 6-inch cast iron main in the frontage of the property, connected to the 12-inch diameter main on the east side of Rainier Avenue. Modeled fire flow is 1000 gpm with static pressure approximately 60 psi. It is located in the 196 pressure zone. SEWER -There is an existing 8-inch sanitary sewer main in an easement running across this property. STORM -A preliminary storm drainage plan, per 2005 KCSWDM has been submitted with the application and is acceptable as a preliminary design. STREETS-Rainier Avenue is developed and currently under design for work by the City of Renton. CODE REQUIREMENTS WATER 1. The Water System Development Fee is based on the size of the (each and all) water meter(s). This fee is collected at the time a construction permit is issued, prior or concurrent to the issuance of the building permit. 2. A water extension and installation sufficient to provide fire flow and domestic service is required. SANITARY SEWER The Sanitary Sewer System Development Fee is based on the size of the (each and all) water meter(s). This fee is collected at the time a construction or utility permit is issued, prior or concurrent to the issuance of the building permit. Autozore Site Plan LUA-10-004 Page 2 of 2 February 10, 2010 SURFACE WATER The Surface Water SDC fee is $0.405 per square foot of new impervious area but not less than $1,012. This fee is collected at the time a construction or utility permit is issued, prior or concurrent to the issuance of the building permit. TRANSPORTATION 1. A Traffic Mitigation Fee of $75.00 per additional Average Daily Trip shall be assessed. (ITE gth Addition, (843) 61.91/1000 sq ft) with an 8% pass-by credit. The fee is calculated based on the final design square footage but as shown will be $31,184.25 payable with the building permit. 2. Additional right-of-way may be needed for the Rainier Avenue S proposed improvements but will be negotiated separately with the project. The design accommodates the worst case possibility. PLAN REVIEW -GENERAL 1. All plans shall conform to the Renton Drafting Standards. 2. A construction permit is required. When plans are complete, three (3) copies of the drawings, two (2) copies of the drainage report, a construction estimate, application and appropriate fee shall be submitted to the City Hall sixth floor counter. RECOMMENDED CONDITIONS 1. Temporary Erosion Control shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. 2. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project engineer of record to the Public Works Inspector. Certification of the installation, maintenance and proper removal of the erosion control facilities is required prior to Temporary Certificate of Occupancy. 3. A construction plan indicating haul route and hours, construction hours and a traffic control plan shall be submitted for approval prior to any permit being issued. Haul hours shall be restricted to 8:30 a.m. to 3:30 p.m. unless approved in advance by the Development Services Division. CC: Neil Watts City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REv1Ew1NG DEPARTMENT: Plet,n h-~. V\C-tA.) COMMENTS DUE: FEBRUARY 18, 2010 APPLICATION NO: LUAl0-004 DATE CIRCULATED: FEBRUARY 4, 2010 APPLICANT: Traves! Story, Petra Engineering, LLC PLANNER: Rocale Timmons PROJECT TITLE: Autozone Site Plan PLAN REVIEWER: Kayren Kittrick SITE AREA: 24,510 square feet EXISTING BLDG AREA (gross): 7,300 square feet LOCATION: 175 Rainier Avenue 5 PROPOSED BLDG AREA (gross) N/ A SUMMARY OF PROPOSAL: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 30,600 square feet of CA zoned property. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the south; A-1 Clutch, Brake and Transmission. There are no critical areas located on site. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Liaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transnortotion Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 8. POLICY·RELA TED COMMENTS C. CODE-RELATEO COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. ) f Date I S#_862 TRANSPORTATION MITIGATION FEE Project Name: Project Address: Contact Person: Permit Number: Project Description: Land Use Type: D Residential X Retail D Non-retail Calculation: 7.3 X 61.91 X 0.92 = 415.79 415.79 X $75 = $31,184.25 Transportation Mitigation Fee: $31 184.25 Autozone 175 Rainier Avenue S Treves! Story, Petra Eng. LUA10-004 7300 sq ft auto parts store Method of Calculation: X ITE Trip Generation Manual, s•h Edition D Traffic Study D Other (843) 61.91 ADT/1000 sq ft Calculated by: ...;K.;;.;·...;.K.:;;it:.:.tr~ic:.:.k:...._ ___________ Date: 2/9/2010 I Date of Payment: ---------------------------- City of Renton Deportment of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REv1Ew1NG DEPARTMENT, ·Trztrt:---o-rhlic~,, COMMENTS DUE: FEBRUARY 18, 2010 ' APPLICATION NO: LUAl0-004 DATE CIRCULATED: FEBRUARY 4, 2010 APPLICANT: Travest Story, Petra Engineering, LLC PLANNER: Roca le Timmons PROJECT TITLE: Autozone Site Plan PLAN REVIEWER: Kayren Kittrick SITE AREA: 24,510 square feet EXISTING BLDG AREA (gross): 7,300 square feet LOCATION: 175 Rainier Avenue S PROPOSED BLDG AREA (gross) N/ A SUMMARY OF PROPOSAL: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 30,600 square feet of CA zoned property. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the south; A-1 Clutch, Brake and Transmission. There are no critical areas located on site. A. ENVIRONMENTAL IMPACT (e.g. Non-Code} COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Liaht/Glare Plants Recreation land/Shoreline Use Utilities Animals Trans1Jortotion Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10~000 Feet 14 000 Feet ~Jo,, J )-0\ 0 B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact reas where additional ·nto~mation is needed to properly assess this proposal. Datel j City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT, Comtru.c:+r, n COMMENTS DUE: FEBRUARY 18, 2010 APPLICATION NO: LUAl0-004 DATE CIRCULATED: FEBRUARY 4, 2010 APPLICANT: Travest Story, Petra Engineering, LLC PLANNER: Rocale Timmons PROJECT TITLE: Autozone Site Plan PLAN REVIEWER: Kayren Kittrick SITE AREA: 24,510 square feet EXISTING BLDG AREA (gross): 7,300 square feet LOCATION: 175 Rainier Avenue S PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 30,600 square feet of CA zoned property. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the south; A-1 Clutch, Brake and Transmission. There are no critical areas located on site. A. ENVIRONMENTAL IMPACT (e.g. Non-Code} COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts lmpacn Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water liaht!Glare Pf ants Recreation land/Shoreline Use Utilities Animals Transoortation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Date I / City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Po.t'K:":, APPLICATION NO: LUAl0-004 APPLICANT: Traves! Story, Petra Engineering, LLC PROJECT TITLE: Autozone Site Plan SITE AREA: 24,510 square feet LOCATION: 175 Rainier Avenue S 0 COMMENTS DUE: FEBRUARY 18, 2010 DATE CIRCULATED: FEBRUARY 4, 2010 PLANNER: Rocale Timmons (/) m PLAN REVIEWER: Kayren Kittrick Q:/ Z: <c: EXISTING BLDG AREA (gross): 7,300 squarefa!t . " PROPOSED BLDG AREA (gross) N/A (/) ~ m "" ~ 0 ~ ~ "' -.:=: m :co -·- SUMMARY OF PROPOSAL: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 30,600 square feet of CA zoned property. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the south; A-1 Clutch, Brake and Transmission. There are no critical areas located on site. A. ENVIRONMENTAL IMPACT {e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housina Air Aesthetics Water Uqht/Gfare Plants Recreation Land/Shoreline Use Utilities Animals Transoortation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14 000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact al inform io is needed to properly assess this proposal. Signature of Director o Authorized Representative DATE: TO: FROM: SUBJECT: CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM February 8, 2010 Rocale Timmons, Associate Planner Corey Thomas, Plans Review Inspector Comments for Autozone Site Plan Environmental Impact Comments: 1. Fire mitigation fees are applicable at the rate of $0.52 per square foot of commercial space. This fee is paid at time of building permit issuance. Code Related Comments: 1. The preliminary fire flow is 2,250 gpm. Three fire hydrants are required. One within 150-feet and two within 300-feet of the buildings. Any existing hydrants used to satisfy the requirements shall meet current fire code including 5-inch storz fittings. 2. Approved fire sprinkler and fire alarm systems are required throughout the building. Separate plans and permits required by the fire department. Direct outside access is required for the fire sprinkler riser room. 3. On site fire department apparatus access is no longer required due to the relocation of the building closer to Rainier Avenue South. 4. An electronic site plan is required prior to occupancy for pre-fire planning purposes.See attached sheet for the format in which to submit your plans. CT:ct autozone Renton Fire Department I PRE-FIRE PLANNING I In an effort to streamline our pre-fire process, we are requesting that you submit a site plan of your construction project in one of the following formats which we can then convert to VISIO.vsd. This is required to be submitted prior to occupancy. ABC Flowcharter.af3 ABC Flowchartcr.af2 Adobe Illustrator File.ai AutoCad Drawing.dwg AutoCad Drawing.dgn Computer Graphics Metafilc.cgm Corel Clipart Format.cmx Corel DRAW! Drawing File Format.edr Corel Flow.ell Encaosulated Postscriot File.ens Enhanced Metafile.emf IGES Drawing File Format.igs Graphics Interchange Format.gif Macintosh PICT Format.pct Micrografx Designer Ver 3.1.drw Micrografx Designer Ver 6.0.dsf Microstation Drawing.dgn Portable Network Graohics Format.onf Postscript File.ps Tag Image File Format.tif Text.txt Text.csv VISIO.vsd Windows Bitmap.bmp Windows Bitmao.dib Windows Metafilc.wmf Zsoft PC Paintbrush Bitman.ncx City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: FEBRUARY 18, 2010 APPLICATION NO: LUAl0-004 DATE CIRCULATED: FEBRUARY 4, 2010 APPLICANT: Traves! Story, Petra Engineering, LLC PLANNER: Roca le Timmons PROJECT TITLE: Autozone Site Plan PLAN REVIEWER: Kayren Kittrick SITE AREA: 24,510 square feet EXISTING BLDG AREA {gross): 7,300 square feet LOCATION: 175 Rainier Avenue S PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in size. The project site consists of a 30,600 square feet of CA zoned property. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the south; A-1 Clutch, Brake and Transmission. There are no critical areas located on site. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housina Air Aesthetics Water LiCJhttG/are Plants Recreation Land/Shoreline Use Utilities Animals Transoortation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14 000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to proper/ assess this proposal. .,....., J J f "Jt/ '?/ g / I t,7 ~~~~~~~~~-----'"'~__.!:_.'.'._+"fL:.J'qZ.!F:1.~~~ ~ I Signature of Director or Authorized Representative Date NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED {DNS-M) OATE: LAND USE NUMBER; PROJECT NAME: February4,201D LUA10--004, ECF, SA-A AutoZone Site Plan PROJECT DESCRIPTION: Th" applicant Is proposing Adminlstrative Site Plan and Environmenlal (SEPA) Review !of the ccnstrucilon of a one-story reta,I building for AutoZone: approximatety 7,300 square feet in Sire. The project site consists of a 30,600 square ~ of CA zoned property. There is an ~ts~ng drtve..ttiru aspresw atand proposed for removal. Surl9cB parking, In the amount of 27 spac:es, would be pr<>11ided Just south and west of the 81ructure. Acee" lo the sittt is proposed via two existing curb cu~ !llong Rainier Ave S ct which one is within a proposed ingress/egress ea,:,ement on the neight,omg property to the south; A-1 Clutch, Brake and Transmission. There are no critical areas loGated on site PROJECT LOCATION: 175 Rainier Avenue S OPTIONAL DETERMINATION OF NON-SIGNIFICANCE. MITIGATED !DNS-M): As the Lead Agency, the City of Renton ha$ de1errnlned that sigmflC8nt envlronmei,tal impacll'I are unlikely to result from the proposed project Therefore, as permitted under the RCW 43.21C.110, the City of Rtl!ltan 1s using the Optional DNS-M process to give notice that a DNS- M ia hkely to be Issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment p,:,nod. There wi-m be rio comment period following the issuance of the Threshokl Determ!na!Jon of Non,-Significaoca- Mitigated (DNS.M). A 14--day appeal period wdl follow the Issuance of the DNS-M PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: January 19, 2010 February 4, 2010 APPLICANT/PROJECT CONTACT PERSON: Tn1vnt Story: Petra EnglONr1ng, LLC; 2602 N Proctor #205; Tacoma, WA 98407 Permlt$/Revlew Requ,nted: Environ mental (SEPA) Review, Admlnl.lltratlYe Site Pa.n •pproval Other Pffmlte whkh may be nqulred: Construction and Building P9nnlts R.ciuested Studlu: Geotechnical and Drainage Reports Loe•tlon where application may be reviewed: Department of Community & Ec<:momic Development (CEO)-Planning DIY1aion, Sb;th Floor ~nton City Hal~ 1055 South Grady Way, Renton, WA t8057 PUBLIC HEARING: NIA CONSISTENCY OVERVIEW: Zoning/Land Use: Envlronmental Doc:uments that Enluate the Propond Project: The wbjecl stte Is designated Commerdal Corridor (CC) on the City of Renton Comprehensive Land Use Map and Commarcial Arterial (CA) on the City's Zoning Map Environmental (SEPA) Check~st If you would II~ tu be made a party of record to receive further information on th;s proposed project, com~ete this form and return to: Otv of Renton, CED -Plannins Divl$IOn, 1055 So. Grady Way, Renton, WA 980S7. Name/File Na.: AutoZone 5ite Ptan/LUAl0-004, ECF, SA-A NAME:-------------------------------- MAIUNGAOORES5: ---------------------------- TELEPHONE NO.: Development Rogulatlona Uaed For Project Mitigation: Prop<}Hd Mitigation MN$UrH! The project will be subjecl lo the Crty"s SEPA ordinance, RMC 4-2-120 and other app!cable codes am! regulations as appropriate. The following Mitig.ation Measures will likely be imposed on tha proposed project The~ recommooded Mitlgatioo Measures address proJect impacts net covered by uistirig codes and regulations as cited at,ove The applicant W!ll be l";lquirod to pay /he eppropnale Transportation Mih'ga/ion Fee; Tile applic.oot will 011 requirod to pay ffle approprisle Fira Mitigation Fee; and The app!K:an/ wHI be requir11d to c:omp/y wilh tlie appropriate Drair'laga MsnuaL Comment. on the above application muet be submitted In writing to Roc;r,La Timmons, Ast.OClate Planner, CED - Planning [)IYielon, 10" South Gn,dy Way, Renton, WA M0~7, by S:00 PM':>~ February ~B. 2010. If y<iu have questions aOOUt this propollal, or wish to be made e p$rly of record and rec.ewe add1ljona1 notffiealion by "!"'l contact ttie Project Manager. Anyone who submits wntle!1 comments will automebclllly become a party al record and win be notified of any decision en this pro,ecl CONTACT PERSON: Roca.le Timmons., Aaaoclate Planner; Tel: (425} 430-7219; Eml: rtlmmons@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION CERTIFICATION NOTARY LlCS!GNATURE: 1-t. A 6-ra.J,e,r ~f'··e.s o -~q -~013 \ , CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT· PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 4th day of February, 2010, I deposited in the mails of the United States, a sealed envelope containing Acceptance Letter, NOA, Environmental Checklist, Site Plan PMT documents. This information was sent to: Name Agencies -Env. Checklist, NOA, Site Plan PMT Travest Story Brian O'Farrell, O'Farrell Properties LLC 300' Surrounding Property Owners (Signature of Sender): ,· STATE OF WASHINGTON COUNTY OF KING mentioned in the instrument. Representing See Attached Applicant/Contact Owner See Attached Notary Publicfn and for the Sate of Washington Notary (Print): _____ ~_i_._A_. _C~_._-,_. __ 6--'c_r ____________ _ My appointment expires: A °'':i "', {-.) '] 1 ) c LJ . Pf!)iect N_ame; Autozone Site Plan ;.'~pi~}.i_umbi::' LUAl0-004, ECF, SA-A template -affidavit of service by mailing Dept. of Ecology * Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region • Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers • Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. Attn: SEPA Section 900 Oakesdale Ave. SW Renton, WA 98055-1219 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR- 0431 Seattle, WA 98104-3856 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETIER MAILING (ERC DETERMINATIONS} WDFW -Larry Fisher* 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 Duwamish Tribal Office• 4717 W Marginal Way SW Seattle, WA 98106-1514 KC Wastewater Treatment Division• Environmental Planning Supervisor Ms. Shirley Marroquin 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 City of Newcastle Attn: Steve Roberge Director of Community Development 13020 Newcastle Way Newcastle, WA 98059 Puget Sound Energy Municipal Liaison Manager Joe Jainga PO Box 90868, MS: XRD-01 W Bellevue, WA 98009-0868 Muckleshoot Indian Tribe Fisheries Dept.* Attn: Karen Walter or SEPA Reviewer 39015 -172"' Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program• Attn: Ms Melissa Calvert 39015 172"' Avenue SE Auburn, WA 98092-9763 Office of Archaeology & Historic Preservation* Attn: Gretchen Kaehler PO Box 48343 Olympia, WA 98504-8343 City of Kent Attn: Mr. Fred Satterstrom,'AICP Acting Community Dev. Director 220 Fourth Avenue South Kent, WA 98032-5895 City of Tukwila Steve Lancaster, Responsible Official 6200 Southcenter Blvd. Tukwila, WA 98188 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application. template -affidavit of service by mailing • 182305912509 86240012101 HAROLD'S AUTO REBUILD 124 RAINIER AVES RENTON WA 98055 182305912400 DOLAN LARRY 13525 181ST AVES RENTON WA 98059 182305909406 EVANS RUSSELL R+KNITTEL MAU 217 HARDIE AVE SW RENTON WA 98055 182305909208 IVANOVICH FRANK & JUDITH 1370 E TREASURE ISLAND DR ALLYN WA 98524 182305907301 MEYER DOROTHY 14611 SE 267TH ST KENT WA 98042 182305929107 NGUYEN KHANG+ THINH PHUOC 132 HARDIE AVE SW RENTON WA 98055 182305906709 RASH & ASSOCIATES #47 PO BOX 260888 PLANO TX 75026 182305920809 SEATTLE CITY OF SPU/REAL PROP WTR PO BOX 34018 SEATTLE WA 98124 182305923605 WARREN LAWRENCE J PO BOX 626 RENTON WA 98057 182305916302 YOUNG RICK D+YOUNG FRED D 2349 HARBOR AVE SW #101 SEATTLE WA 98126 182305909000 BENNETT GERALD 2900 S KING ST #B SEATTLE WA 98144 182305902005 DOLEJSI NATHAN+MICHELLE BUH 21 ARMOUR ST SEATTLE WA 98109 722950006501 GRAY MARY 25711 SE 208TH ST MAPLE VALLEY WA 98038 182305907707 KWAI SHUNG H SUE WESTWIND MOTEL 7517 SE 71ST MERCER ISLAND WA 98040 182305920106 MOORE MADELEINE E 13249 91ST AVES RENTON WA 98055 182305912004 O'FARRELL PROPERTIES LLC PO BOX 7603 COVINGTON WA 98042 182305907004 RENTON TT LLC 3300 MAPLE VALLEY HWY RENTON WA 98058 182305919702 SESSA MICHAEL FARUQUITASNEEM 201 HARDIE AVE SW RENTON WA 98055 182305911204 WHITE JAN 128 RAINIER AVES RENTON WA 98055 182305910206 BRUNSON WAYNE A+CHAN F 12043 77TH AVES SEATTLE WA 98128 182305901700 EMERICHIP RENTON LLC 3131 ELLIOTT AVE #500 SEATTLE WA 98121 182305917102 HSUE KWAISHUNG 7515 SE 71ST ST MERCER ISLAND WA 98040 182305927309 LEVENS FAMILY TRST C/0 LEVENS C P +S S TRSTEES 933 JASMINE CIR COSTA MESA CA 92626 182305916203 NGUYEN HUNG VAN+THACH KIM X 17727 NE 104TH WAY REDMOND WA 98052 182305907400 PACIFIC INVESTING & DEVELOP PO BOX 242 KENT WA 98035 182305903300 RPR PROPERTIES L LC 450 SHATTUCK AVE S RENTON WA 98057 182305919009 SHOULDERS PROPERTIES L L C 8024 NE 126TH PL KIRKLAND WA 98034 722950006303 WILSON PETER H 24333 35TH AVE S KENT WA 98032 ~r~ityof ------~-· ~ r< P;(C(C ;tl -~-.:;.; -' --,..; ,---....J--- NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) DATE: LAND USE NUMBER: PROJECT NAME: February 4, 2010 LUA10-004, ECF, SA-A AutoZone Site Plan PROJECT DESCRIPTION: The applicant is proposing Administrative Site Plan and Environmental (SEPA) Review for the construction of a one-story retail building for AutoZone; approximately 7,300 square feet in stze. The project site consists of a 30,600 square feet of CA zoned property. There is an existing drive-thru espresso stand proposed for removal. Surface parking, in the amount of 27 spaces, would be provided just south and west of the structure. Access to the site is proposed via two existing curb cuts along Rainier Ave S of which one is within a proposed ingress/egress easement on the neighboring property to the south; A-1 Clutch, Brake and Transmission. There are no critical areas located on site. PROJECT LOCATION: 175 Rainier Avenue S OPTIONAL DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS-M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS-M process to give notice that a DNS- M is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance- Mitigated {DNS-M). A 14-day appeal period will follow the issuance of the DNS-M. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: January 19, 2010 February 4, 2010 APPLICANT/PROJECT CONTACT PERSON: Travest Story; Petra Engineering, LLC; 2602 N Proctor #205; Tacoma, WA 98407 PennitsJReview Requested: other Permits which may be required: Requested Studies: Location where application may be reviewed: PUBLIC HEARING: CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Review, Administrative Site Plan approval Construction and Building Pennits Geotechnical and Drainage Reports Department of Community & Economic Development (CED) -Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 NIA The subject site is designated Commercial Corridor (CC) on the City of Renton Comprehensive land Use Map and Commercial Arterial (CA) on the City's Zoning Map. Environmental (SEPA) Checklist If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED -Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: AutoZone Site Plan/LUAl0-004, ECF, SA-A NAME:---------------------------------- MAILING ADDRESS: TELEPHONE NO.: Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-2-120 and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. The applicant wifl be required to pay the appropn'ate Transportation Mitigation Fee; The applicant wifl be required to pay the appropn'ate Fire Mitigation Fee; and The applicant wifl be required to comply with the appropn'ate Drainage Manual. Comments on the above application must be submitted in writing to Rocale Timmons, Associate Planner, CED - Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on February 18, 2010. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Rocale Timmons, Associate Planner; Tel: (425) 430-7219; Eml: rtimmons@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION ., '' ·, ~: '·~;;,:::-:-~ 2:3 '.;;.21:-: :.'~~3 :;:;~ 1SZ?0!::":,1;. . ,-:, 2..'5 " !S.:3·:5 ~273 ~11 . '"J ~._. ~~t'. lU:¥'..5~"'67 ;.--14:' ll d S:!nd.§1: CA 1:.1~-J~:t~iO :;::-:, ,-"~-:;:-J!»' ;-: .. : ' i&ni)5Sz§· ,ro ' ~ J Denis Law Mayor February 4, 2010 Travest Story Petra Engineering, LLC 2602 N Proctor #205 Tacoma, WA 98407 r t ....... .._,....,., Department of Community and Economic Development Alex Pietsch, Administrator Subject; Notice of Complete Application AutoZone Site Plan, LUAl0-004, ECF, SA-A Dear Mr. Story; The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on March 1, 2010, Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430,7219 if you have any questions. Sincerely, '-'!?.~;,.,,._ :~t\ate Planner cc: Brian O'Farrell -0 1Farrell Properties, LLC/ Owner(s) Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov • 4 .. a .. --c;c :_"/ \ ) ,_ ){l ~~it ' City of Renton i~, I ;. ,, ,-i--:;,.:t;fO.t} . ..i:·,·.1.c.:,·1n.,-· ,1' : ,, LAND USE PERMIT MASTER APPLICATION1/N1ut't;11, PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: Brian O'Farrell (O'Farrell Properties,LLCl AutoZone Property ADDRESS: P.O. Box 7603 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 175 Rainier Avenue South CITY: Covington,WA ZIP: 98042 Renton, WA 98055 TELEPHONE NUMBER: (253) 535-6035 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 1823059082 APPLICANT (if other than owner) NAME: Travest Story EXISTING LAND USE(S): Retail Store (Espresso Stand) COMPANY (if applicable): Petra Engineering, L.L.C. PROPOSED LAND USE(S): AutoZone Retail Store EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: 2602 North Proctor -Ste. 205 CC -Commercial Corridor PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: Tacoma ZIP: 98407 (if applicable) N/A EXISTING ZONING: TELEPHONE NUMBER: (253) 752-7617 CA -Commercial Arterial CONTACT PERSON PROPOSED ZONING (if applicable): N/A NAME: Travest Story SITE AREA (in square feet): 24,510 SF SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): Petra Engineering, L.L.C. DEDICATED: TBD SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 2602 North Proctor -Ste. 205 OSF PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Tacoma ZIP: 98407 ACRE (if applicable) N/A TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) (253) 752-7617 N/A Travest.story@PetraEng.net NUMBER OF NEW DWELLING UNITS (if applicable): N/A H:Vob Files\2009 Jobs\09-073 Autozone Store -Renton\Site Plan Review Package\09-073, Land Use Pennit Master Application fonn.doc -I - P(,...,JECT INFORMAT~IO_N~(c_o_n_ti_ .. _1.1_ed~) _______ ~ .. ' NUMBER OF EXISTING DWELLING UNITS (if applicable): N/A SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 7,300 SF SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 0 SF NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): 6,815 SF NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): 6-10 EMPLOYEES PROJECT VALUE: $675,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): N/A D AQUIFIER PROTECTION AREA ONE D AQUIFIER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS & LAKES D WETLANDS ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION 18, TOWNSHIP 33, RANGE~. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Site Plan Review 3. N/A 2. SEPA 4. N/A Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (PrintName/s) !<I'/£.-· I/ tt1-,__ ,-" I I , declare under penalty of pe~u under the laws of the State of Washington that 1 am (please cHeck one) the current owner of the ro ert involved in this a lication or the authorized re resentative to act _ PPY PP ~ P for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. (Signature of Owner/Representative) I I:Vob riks\2009 Jobs\09-073 Autozone Store -Renton\Site Plan Review Packagc\09-073, Land Use Permit Master Application form.doc -2 - Corporations: Registration Det 0 ;J Corporations: Registration Detail Corporations Division -Registration Data Search Page 1 of2 Neither the State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System does so at his or her own risk. O'FARRELL PROPERTIES, L.L.C. UBI Number Category Profit/Nonprofit Active/Inactive State Of Incorporation Date of Incorporation Expiration Date Dissolution Date Registered Agent Information Agent Name Address City State ZIP Special Address Information Address City 602175248 LLC Profit Active WA 01/08/2002 01/31/2010 GREG O'FARRELL 19606 SE 252ND ST PO BOX 7603 COVINGTON WA 98042 http://www.sos.wa.gov/print.aspx?url=http://www.sos. wa.gov/corps/search _ detail.aspx?ub... l /15/2010 Corporations: Registration De' ., State Zip Governing Persons Title Member Member Member Member Name OFARRELL , JENNIFER OFARREL , GREG OFARRELL , DARLENE OFARRELL , BRIAN Purchase Documents for this Corporation » « Return to Search List Address PO BOX 7603 COVINGTON, WA PO BOX 7603 COVINGTON , WA PO BOX 7603 COVINGTON , WA PO BOX 7603 COVINGTON , WA Page 2 of2 You can find this information at: http://www.sos.wa.gov/corps/search_detail.aspx?ubi=602175248 http://www.sos.wa.gov/print.aspx?url=http://www.sos. wa.gov/corps/search _ detail.aspx?ub... I /15/20 I 0 City Of -PREAPPLICATION MEETING FQRP1;1;"1,,1~~anton ., • J/VfS1(Jq AUTO ZONE 175 RAINIER AVES CITY OF RENTON Department of Community and Economic Development Current Planning Division PRE09-071 December 17, 2009 Contact Information: Planner: Rocale Timmons Phone: 425.430.7219 Public Works Reviewer: Kayren Kittrick Phone: 425.430. 7299 Fire Prevention Reviewer: Dave Pargas Phone: 425.430.7023 Building Department Reviewer: Craig Burnell Phone: 425.430.7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager (planner) to have it pre- screened before making all of the required copies. The pre-application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community and Economic Development Administrator, Public Works Administrator and City Council). DATE: TO: FROM: SUBJECT: CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM December 17, 2009 Rocale Timmons, Associate Planner Corey Thomas, Plans Review Inspector Preliminary Comments for Autozone 1. The preliminary fire flow is 2,250 gpm. Three fire hydrants are required. One within 150-feet and two within 300-feet of the buildings. Any existing hydrants used to satisfy the requirements shall meet current fire code including 5-inch storz fittings. 2. Fire mitigation fees are applicable at the rate of $0.52 per square foot of commercial space. This fee is paid at time of building permit issuance. 3. Approved fire sprinkler and fire alarm systems are required throughout the building. Separate plans and permits required by the fire department. Direct outside access is required for the fire sprinkler riser room. 4. On site fire department apparatus access is no longer required due to the relocation of the building closer to Rainier Avenue South. 5. An electronic site plan is required prior to occupancy for pre-fire planning purposes. See attached sheet for the format in which to submit your plans. Cl':ct autozone Renton Fire Department I PRE-FIRE PLANNING I In an effort to streamline our pre·fire process, we arc requesting that you submit a site plan of your construction project in one of the following fonnats which we can then convert to VISIO.vsd. This is required to be submitted prior to occupancy. ABC Flowcharter.af3 -ABC Flowcharter.af2 Adobe Illustrator File.ai AutoCad Drawin•.dwg AutoCad Drawine:.dan Comouter Graohics Metafile.cem Corel Clioarr Fonnat.cmx Corel DRA Wl Drawing File F01mat.edr Corel Flow .cfl Encapsulated Postscript File.ops Enhanced Metafile.emf IGES Drawing File Format.igs Graphics Interchan•e Format.gif Macintosh PICT Format.net Micrografx DesiPTier Ver 3.Ldrw Micrografx Desi=er Ver 6.0.dsf Microsta.tion Drawine:.den Portable Network Graohics Format.onf Postscript File.PS Tag Image File Format.tif Text.txt Text.csv VISIO.vsd Windows Bitmap.bmp Windows Bitmap.dib Windows Metafile. wmf Zsoft PC Paintbrush Bitmap.pcx DATE: TO: FROM: SUBJECT: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM December 14, 2009 Roca le Timmons, Planning _k3 Kayren K. Kittrick, Development Engineering Supervisor Utility and Transportation Comments AUTOZONE ON RAINIER Pre 09-071, 175 RAINIER AVE 5 (1823059082) NOTE: The applicant is cautioned that information contained in this summary is preliminary and non-binding and may be subject to modification and/or concurrence by official city decision-makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The following comments are based on the pre-application submittal made to the City of Renton by the applicant. WATER: • This site is in the City of Renton water service boundary. The project is required to provide both domestic service and irrigation service as well as meet any fire code mandated improvements. • The project site is located in the 196 Water Pressure Zone. The static water pressure at the street level is approximately 60 psi. • There is an existing 6" Cl watermain located in Rainier Ave S. with connection to a 12-inch main on the east side of Rainier Avenue S. See City of Renton water drawing W-374 for detailed engineering water plans. • A Reduced Pressure Backflow Prevention Assembly (RPBA) is required behind each domestic water meter for this commercial building. • The available fire flow at this location is 5600 gpm on the EAST side of Rainier Avenue S. The 6-inch diameter line on the west side is limited in fire flow capacity. • Per the City Fire Marshall, the preliminary fire flow for this site is 2,250 GPM. Three fire hydrants are required. Any new construction must have one fire hydrant capable of delivering a minimum of 1,000 GPM and shall be located within 150 feet of the structure and two additional hydrants (also capable of delivering a minimum of 1,000 GPM) within 300 feet of the structure. This distance is measured along the travel route. Lateral spacing of fire hydrants is predicated on hydrants being located at street intersections if possible. The number of hydrants required is based on the calculated fire flow. PRE 09-071 PR Comments Autozone Pre-a pp 09-034 Page2of3 December 14, 2009 • Any existing fire hydrants counted to serve this site may need to be fitted with 5-inch Storz quick connect fittings to bring them up to current City code prior to occupancy of the building. • As a fire sprinkler system is required, a separate water meter permit for the fire service line will be issued with the approved plans. • The Water System Development Fee is based on the size of the (each and all) water meter(s). This fee is collected at the time a construction permit is issued, prior or concurrent to the issuance of the building permit. Please see the Development Fee Sheet for further information. SANITARY SEWER: • This site is within the City of Renton sanitary sewer utility service boundary. • There is an existing 8" sanitary sewer main fn Rainier Ave S. • The proposed project is required to show how they propose to serve the new development with sanitary sewer service meeting City of Renton standards. • The Sanitary Sewer System Development Fee is based on the size of the (each and all) water meter(s). This fee is collected at the time a construction or utility permit is issued, prior or concurrent to the issuance of the building permit. Please see the Development Fee Sheet for further information. STORM DRAINAGE: • A drainage plan and calculations addressing the erosion control and pipe conveyance design shall be in accordance with the 2005 King County Surface Water Design Manual (or 2009 KCSWDM if adopted by the City of Renton by project submittal date) are required with the formal application for a commercial project. • The Surface Water SDC fee is $0.405 (but not less than $1,012) per square foot of~ impervious area. This fee is collected at the time a construction or utility permit is issued, prior or concurrent to the issuance of the building permit. STREET IMPROVEMENTS: • Per City of Renton code, commercial projects that are 5,000 -10,000 sq ft in size shall provide full pavement width per standard plus minimum 10', curb, gutter and sidewalks and a planter strip (between curb and sidewalk) along the full frontage of the parcel being developed on the project side. • An additional ten feet of right-of-way is required to be dedicated as a part of this project for the frontage of SW Victoria Street. Curb and gutter shall be installed at the existing edge of pavement. A five foot planting strip is required to be installed between the curb and a five foot sidewalk. • Please note a City of Renton TIP project for Rainier Avenue may require coordination of designs. The assigned project manager will facilitate any requirements at the time of project submittal and review. • A preliminary calculation of additional daily traffic per the ITE manual, 7'" edition with a pass-by credit of 8% would generate approximately 389 additional daily trips. A Traffic Mitigation fee will apply at $75 per additional daily trip, so at 389 trips the fee would be $29,175. A letter of opinion by a traffic engineer addressing trip generation may be submitted by the applicant to the City of Renton to consider when determining the final fee. The traffic mitigation fee is payable with the building permit. PRE 09-071 PR Comments Autozone Pre,app 09-034 Page 3 of 3 December 14, 2009 GENERAL: • Construction of a commercial building will trigger a separate utility review at the time of submittal with all utility installations required to meet current City of Renton code. • All utility, drainage and street improvements require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. • All plans shall be tied to a minimum of two of the City of Renton Horirnntal and vertical Control Network. • Permit application must include an itemized cost estimate for these improvements. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There will be additional fees for water service related expenses. See Development Fee sheet and City of Renton Drafting Standards for detailed information. PRE 09,071 PR Comments. DATE: TO: FROM: SUBJECT: General DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M December 17, 2009 Pre-Application File No. PRE 09-071 Rocale Timmons, Associate Planner (425) 430-7219 AutoZone on Rainier -175 Rainier Ave S We have completed a preliminary review of the pre-application for the above-referenced development proposal. The following comments on development and permitting issues are based on the pre-application submitta/s made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Development Services Director, Public Works Administrator, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or on the City's website www.rentonwa.gov Project Proposal The subject property is located on the west side of Rainier Ave S just south of SW Victoria Street. The project site consists of a 30,600 square feet of CA zoned property. The proposal is to record a lot line adjustment with the two existing parcels in order to square off the site along the west side and create a shared parking area on south part of the site. In addition the applicant is proposing to develop a 1-story retail building for Auto Zone; approximately 6,840 square feet in size. Surface parking, in the amount of 35 spaces, would be located just south and west of the structure. Of the 35 stalls, 8 would be located off-site within a shared parking and ingress/egress easement with the neighboring property to the south; A-1 Clutch, Brake and Transmission. Access to the site is proposed via two existing curb cuts along Rainier Ave s. Current Use: There is a small drive-through espresso stand located in the center of the site that is proposed for removal. zoning: The property is located within the Commercial Corridor (CC) land use designation and the Commercial Arterial (CA) zoning designation. The property is also located within Urban Design District 'D', and therefore subject to additional design elements. Proposals should have unique, identifiable design treatment in terms of landscaping, building design, signage, street furniture, paving, and street width. Development Standards: The project would be subject to RMC 4-2-120A, "Development Standards for Commercial Zoning Designations" effective at the time of complete application (noted as "CA standards" herein). A copy of these standards is included herewith. Zoning -The intended use as an Auto Zone is permitted in this zone as a retail establishment. AutoZone on Rainier December 17, 2009 Page 2 of 5 Minimum Lot Size, Width and Depth -The minimum lot size in the CA zone is 5,000 square feet. It appears that the two lots, after being altered through a lot line adjustment process. would comply with the minimum lot size requirement. The applicant will be required to demonstrate that there are at least two existing legal lots otherwise the applicant will be required to apply for a Short Plat or a Binding Site Plan. There are no minimum requirements for lot width or depth within the CA zone at this location. Lot Coverage -The CA zone allows a maximum building coverage of 65 percent, or 75 percent if parking is provided within a building or within an on-site parking garage. A 6,840 square foot footprint is proposed on the 30,600 square foot site resulting in a building lot coverage of 22.3 percent. The project proposal appears to comply with the lot coverage requirements of the zone. Setbacks -Setbacks are the distance between the building and the property line or any private access easement. Setback requirements in the CA zone are as follows: 10 feet minimum for the front yard but may be reduced to zero feet through the site plan review process provided blank walls are not located within the reduced setback; and a 15 feet maximum front yard setback. There is not a minimum rear or side yard setback required in the CA zone. The project appears to comply with all setback requirements. Gross Floor Area -There is no minimum requirement for gross floor area. Building Height -Maximum building height in the CA zone is 50 feet or 60 feet for mixed-use building with commercial on the 1'" floor. It appears the proposed structure would be a 1-story building however compliance with the height requirements of the zone could not be verified as elevations were not provided with the pre-application materials. Building elevations and detailed descriptions of elements and building materials are required with your site plan review submittal. Screening -Screening must be provided for all surface-mounted and roof top utility and mechanical equipment. The site plan application will need to include elevations and details for the proposed methods of screening. Refuse and Recycling Areas -Refuse and recycling areas need to meet the requirements of RMC 4-4-090, "Refuse and Recyclables Standards" (enclosed). For retail developments a minimum of 5 square feet per every 1,000 square feet of building gross floor area shall be provided for recyclable deposit areas and a minimum of 10 square feet per 1,000 square feet of building gross floor area shall be provided for refuse deposit areas with a total minimum area of 100 square feet. Based on the proposal for 6,840 square feet of commercial area a minimum area of 100 square feet of refuse and recyclable is required. Landscaping -Except for critical areas, all portions of the development area not covered by structures, required parking, access, circulation or service areas, must be landscaped with native, drought-resistant vegetative cover. The development standards require that all pervious areas within the property boundaries be landscaped. The minimum on-site landscape width required along street frontages is 10 feet, except where reduced through the site plan development review process. The applicant would be required to provide a minimum 10 foot landscape strip along Rainier Ave Sauth or request to reduce the landscaping as pan of the application for site plan review. Please refer to landscape regulations (RMC 4-4-070) for further general and specific landscape requirements (enclosed). A conceptual landscape plan and landscape analysis meeting the requirements in RMC 4-B-120D.12, shall be submitted at the time of building permit application or application for Site Plan Review. Fences -If the applicant intends to install any fences as part of this project, the location must be designated on the landscape plan. A fence detail should also be included on the plan as well. AutoZone on Rainier December 17, 2009 Page 3 of S Parki.!]g -The following ratios would be applicable to the site: Use Square Footage Qf Bldqs Ratio Retail Use 6,840 Min: 4 spaces/ 1,000 SF Max: 5 spaces/ 1,000 SF Bgguired Spaces Min:27 Max: 34 Information regarding the net square footage of the proposed building was not provided; however the 27 an-site parking stalls would meet the minimum standards based upon the gross square footage. As a note net square footage is the total of all floor area of a building, excluding stairwells, elevator shafts, mechanical equipment rooms, interior vehicular parking or loading, and all floors below the ground floor, except when used for human habitation or service to the public. Off-site parking is not allowed unless sufficient parking is not available on the premises of the use. A letter of justification addressing the need for off-site parking and compatibility with the surrounding neighborhood would be required at the time of land use application. Shared parking agreements would be required in order to demonstrate that adequate parking is available for both AutoZone and A-1 Clutch, Brake and Transmission. Surface parking lots with more than 15 stalls shall also provide a minimum of 15 square feet per parking space. Please refer to landscape regulations (RMC 4-4-070 and RMC 4-4-080F.7) for further general and specific landscape requirements (enclosed). The applicant will be required to provide a Parking, Lot Coverage, Landscaping Analysis as defined in RMC 4-8-120.D.16 for the site. Where practical difficulties exist in meeting parking requirements, the applicant may request a modification from these standards. The applicant will be required at the time of formal land use application to provide detailed parking information (i.e. stall and drive aisle dimensions) and calculations of the subject site and the overall campus use. It should be noted that the parking regulations specify standard stall dimensions of 9 feet x 20 feet, compact dimensions of 8Y, feet x 16 feet, and parallel stall dimensions of 9 feet x 23 feet. ADA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent access aisle of 8 feet in width for van accessible spaces. The appropriate amount of ADA accessible stalls, based on the total number of spaces, must be provided. Access -Driveway widths are limited by the driveway standards, in RMC 4-40801. Pedestrian Access -A pedestrian connection shall be provided from a public entrance to the street, in order to provide direct, clear and separate pedestrian walks from sidewalks to building entries and internally from buildings to abutting retail properties. A pedestrian connection was depicted from the proposed structure to the street. Signage -Only one freestanding business sign {restricted to monument/ground signs only) is permitted per street frontage, however pole signs are not permitted within the CA zone. Each sign shall not exceed an area greater than one and one-half square feet for each lineal foot of property frontage that is occupied by the business. In no case shall the sign exceed a total of 300 square feet (150 square feet per face). In addition to the permitted freestanding sign, wall signs with a copy area not exceeding 20% of the fa,;ade, to which it is applied, are also permitted. Building Design Standards -Compliance with Urban Design Regulations, District 'D', is required. See the attached checklist and Renton Municipal Code section 4-3-100. The following bullets are a few of the standards outlined in the regulations which are required to be incorporated into the site design as proposed. AutoZone on Rainier December 17, 2009 Page4of5 • A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human-scale elements. • Secondary access (not fronting on a street) shall have weather protection at least 4-1/2 feet wide over the entrance or other similar indicator of access. • Provide pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs. These elements shall be a minimum of 4-1/2 feet wide along at least 75 percent of the length of the building facade, a maximum height of 15 feet above the ground elevation, and no lower than 8 feet above ground level. • The landscape plan shall demonstrate how the proposed landscaping, through the use of plant material and nonvegetative elements, reinforces the architecture or concept of the development. • All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). • Provide human-scaled elements such as a lighting fixture, trellis, or other landscape feature along the facade's ground floor. • Facades on designated pedestrian-oriented streets shall have at least 75 percent of the linear frontage of the ground floor facade (as measured on a true elevation facing the designated pedestrian-oriented street) comprised of transparent windows and/or doors. • Buildings shall use at least one of the following elements to create varied and interesting roof profiles (see illustration, subsection RMC 4-3-100.15f): (a) Extended parapets; (b) Feature elements projecting above parapets; (c) Projected cornices; (d) Pitched or sloped roofs. • All sides of buildings visible from a street, pathway, parking area, or open space shall be finished on all sides with the same building materials, detailing, and color scheme, or if different, with materials of the same quality. • Pedestrian-scale lighting shall be provided, for both safety and aesthetics, along all streets, at primary and secondary building entrances, at building facades, and at pedestrian-oriented spaces. Critical Areas The City's Critical Areas Maps indicate there are critical slopes on site therefore a geotechnical report is required with the formal land use application submittal. Environmental Review The proposed project would be subject to Washington State Environmental Policy Act (SEPA) review due to the size of the project and number of parking stalls. The threshold to require environmental review is 4,000 square feet or 20 parking stalls. Therefore, an environmental checklist is a submittal requirement. An environmental determination will be made by the Renton Environmental Review Committee. This determination is subject to appeal by either the project proponent, by a citizen of the community, or another entity having standing for an appeal. AutoZone on Rainier December 17, 2009 Page 5 of 5 Permit Requirements The proposal would require Administrative Site Plan Review, a Lot Line Adjustment and Environmental (SEPA) Review. The applicant will also be subject to Design Review as part of the Site Plan Review and a Design Checklist shall be completed and submitted as part of the application materials. The applications would be reviewed concurrently in an estimated time frame of 6-8 weeks once a complete application is accepted. The Site Plan Review application fee is $1,000. The application fee for SEPA Review (Environmental Checklist) is $1,000. The application fee for the Lot Line Adjustment is $450. Detailed information regarding the land use application submittal is provided in the attached handouts. In addition to the required land use permits, separate construction, building and sign permits would be required. The review of these permits may occur concurrently with the review of the land use permits, but cannot be Issued prior to the completion of any appeal periods. Impact Mitigation Fees: In addition to the applicable building and construction fees, the following mitigation fees would be required prior to the issuance of building permits. + A Transportation Mitigation Fee based on $75.00 per ~ daily trip attributed to the development; + A Fire Mitigation Fee based on $0.52 per square foot of new commercial building area. Expiration: Upon site plan approval, the site plan approval is valid for two years with a possible two-year extension. A handout listing all of the City's Development related fees in attached for your review. PLANNING DIVISION WAIVEk. OF SUBMITTAL REQUIRc1v1ENTS FOR LAND USE APPLICATIONS LAND. USE PERMIT Sl1'311111TTAL Rl:9lJlltEr.,ENTS: Calculations 1 Existing Easements (Recorded Copy) , Fi(idd Hazard DataJ Floor Plans 3AND4 Landscape Plan, Conceptual, l.l3nd~~ape F'lan.·oet~il¢ci ,······ Legal Description, Neighborhood Detail Map , This requirement may be waived by: 1 . Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Planning Section PROJECT NAME: AIATO~t;;; DA TE / ) I 6 ) I D ' Q:\WEB\PW\DEVSERV\Forms\Planning\waiverofsubmittalreqs.xls 02/08 PLANNING DIVISION WAIVEh. JF SUBMITTAL REQUIR~ .. 'IENTS FOR LAND USE APPLICATIONS . I.AND 1.1$E f'ERM1f$0'3MITTAL . . . •. REQUIREMENTS: . Parking, Lot Coverage & Landscaping Analysis, Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND, Photosimulations 2 AND, This requirement may be waived by: 1. Property Services Section PROJECT NAME: _,_@1..-"'..!-'-lc)"'---'c;,="t)'--'~'--c;------ 2. Public Works Plan Review Section 3. Building Section 4. Planning Section DATE• __,_/_,_)~; S-.,,___,_/~!~D ____ _ I , O:\WEB\PW\DEVSERV\Forms\Planning\waiverofsubmittalreqs.xls 02108 AUTOZONEPROPERTY PROJECT NARRATIVE This project proposes to construct a new AutoZone retail store on parcel number I 823059082, which is approximately 24,510 square feet or 0.58 acres in size. The parcel is located at 175 Rainier Avenue South and is within Section 18, Township 23 North, Range 5 East, W.M. Renton, WA. The site is currently zoned Commercial Arterial (CA) and has a comprehensive plan designation of Commercial Corridor (CC). In addition to the construction of the new store and associated parking other construction activities will include upgrades or realignments of the existing storm, sewer, and potable water facilities on the site. There is an existing coffee shop that will be removed during construction as well as all existing pavement and curbing. The location of the existing access point along Rainier Avenue South will be retained and the entrance will be reconstructed. Permits will be obtained for the construction of the new building as well as all grading, paving, and utility work. During construction a job shack will be located on the site. No trees will be removed by this proj eel. The geotechnical report that was prepared for the site classified the soils as sandstone and the existing storm drainage system is a collection of catch basins connected to the City of Renton storm drainage system in Rainier Avenue. Offsite improvements will include the additional fire hydrants, upgrades to the existing potable water mains, and a connection to the City of Renton storm system. Approximately 5' of the property fronting Rainier Avenue South will be dedicated to the City. Land use permits required for this project include Site Plan Review and Environmental Review. A boundary line adjustment is currently being reviewed by the City for this property. This adjustment affects parcel numbers 1823059082, 1823059011, 1823059161, 1823059122, 1823059012 and 1823059120. The existing and proposed lot lines are shown on the accompanying site plan. PETRA ENGINEERING, LLC 2602 NORTH PROCTOR• SUITE 205 I TACOMA I WA 1984071 PHONE (253) 752-76171 FAX (253) 761-115821 WWW.PETRAENG.NET 1. 2. 3. City of Renton TREE RETENTION WORKSHEET Total number of trees over 6" in diameter1 on project site: 1. •..ii" ',, ., ~ . . .-]/ '1 •1• 10 l Ji;ii~'.!0/ 3 trees Deductions: Certain trees are excluded from the retention calculation: Trees that are dead, diseased or dangerous2 --0 trees Trees in proposed public streets --0 trees Trees in proposed private access easements/tracts --0 trees Trees in critical areas3 and buffers 0 trees Total number of excluded trees: 2. 0 trees Subtract line 2from line 1: 3. 3 trees -- 4. Next, to determine the number of trees that must be retained4, multiply line 3 by: 0.3 in zones RC, R-1, R-4, or R-8 0.1 in all other residential zones 0.05 in all commercial and industrial zones 4. 1 trees ------- 5. List the number of 6" or larger trees that you are proposing 5 to retain 4 : 5. 3 ___ trees 6. Subtract line 5 from line 4 for trees to be replaced: 6. ___ o ____ trees (If line 6 is less than zero, stop here. No replacement trees are required}. 7. Multiply line 6 by 12" for number of required replacement inches: 7. inches ------- 8. Proposed size of trees to meet additional planting requirement: (Minimum 2" caliper trees required) 8. 9. Divide line 7 by line 8 for number of replacement trees 6 : (if remainder is .5 or greater, round up to the next whole number) -------inches per tree 9. ______ trees 1. Measured at chest height. 2 -Dead, diseased or dangerous trees must be certified as such by a forester, registered landscape architect, or certified arborist, and approved by the City. 3 · Critical Areas, such as wetlands, streams, floodplains and protected slopes, are defined ln Section 4-3-050 of the Renton Municipal Code (RMC). 4· Count only those trees to be retained outside of critical areas and buffers. s. The City may require modification of the tree retention plan to ensure retention of the maximum number of trees per RMC 4-4-130H7a 6 . Inches of street trees, inches of trees added to critical areas/buffers, and inches of trees retained on site that are less than 6" but are greater than 2" can be used to meet the tree replacement requirement. H: \CED\Data\Forms-T em p!ates\Self-Help Handou ts\Planning\ T reeRetention Worksheet.doc 12/08 AUTOZONEPROPERTY City of h&-rnor, L~)J ,:1rs' •, . , , •, ' I( '1 )!()Cl .' )1"111'-'1' .. ' -. ' " ., ,,; Landscape Analysis, Lot Coverage, and Parking Analysis Total Square Footage of the Site 24,510 Total Square Footage of Proposed Building 7,300 Percentage of Lot Covered by Proposed Building 30% Number of Required Parking Spaces (per City Code) 27-34 Number of Parking Spaces Provided 27 Number of Standard Parking Spaces 18 Number of Compact Parking Spaces 7 Number of ADA Accessible Parking Spaces 2 Total Square Footage of Parking Lot Landscaping 2,400 PETRA ENGINEERING, LLC 2602 NORTH PROCTOR• SUITE 205 I TACOMA I WA 1984071 PHONE (253) 752-76171 FAX (253) 761-85821 WWW.PETRAENG.NET r · 1· ·t '.· , , 1 t r .. i <'). 1-~ .;,... 0 ,.~, ·"'·? .... :~r,__-~t,~- .""""")i.,:;r:qinu :·.1;\1;:.,:01-: AUTOZONEPROPERTY CONSTRUCTION MITIGATION DESCRIPTION Project construction is preliminarily scheduled to start in March or April of2010 and construction is anticipated to take 120 days. Construction activities are expected to occur 6 days a week between 7:00 AM and 7:00 PM, with the exception of holidays. Traffic and transportation impacts as well as noise levels should be minimal during construction. Measures to reduce dust and erosion are described in the accompanying erosion control report. The project site will be replanted with ground cover and erosion control measures (filter fabric fencing, plastic covering, inlet protection, etc.) will be monitored before, during, and after project completion.Haul routes will include heading west from the project site along either South 2"d Street or South 3rd Street to State Route 405 then to an approved dump site. PETRA ENGINEERING, LLC f ., 2602 NORTH PROCTOR• SUITE 205 I TACOMA I WA 1984071 PHONE (253) 752-76171 FAX (253) 761-115821 WWW.PETRAENG.NET ------------------------------------J .. l'1t~ 1 !f PLANNING DIVISION ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 The State Environmental Policy Act (SEPAi, Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. -1 -06/09 H:\CE D\DaLa\forms-T emplates\Self-He Ip Handouts\Plann ing\envchlst .doc A. BACKGROUND 1. Name of proposed project, if applicable: AutoZone Property 2. Name of applicant: AutoZone 3. Address and phone number of applicant and contact person: 123 South Front Street, Memphis, TN 38103 / (901)495-8714 / Mitch Bramlitt 4. Date checklist prepared: December 16,2009 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): Construction is expected to occur during Spring of 2010. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None are currently planned. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None known. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Building, grading, storm drainage, utility permits. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Proposed project is an AutoZone retail store with approximately 7,000 sf of building space set on approximately 0.75 acres of land . . 3- H :IC ED\Data\F orms. T empla1es \Self-Help Handouls\Planning\envch Isl.doc 06/09 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Site Address: 175 Rainier Avenue South Section/Township/Range: 18/23 N/5 E B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other _____ _ Site is flat, but steep slopes exist just to the west of the site. b. What is the steepest slope on the site (approximate percent slope?) The steepest slope on the existing site is approximately 5%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The geotechnical report classified the soils on the site as sandstone. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None known, and the geotechnical report did not describe any. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. The intent is to balance the site. Maximum cut/fill will be 500 cy. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 90%. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Typical TESC measures for small sites. -4-06109 H :\CED\Data\Fonm-T emptates\Self-Help H andouts\Plannirig\emrchlsl.doc 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke} during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Construction equipment during construction and vehicular traffic after. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. None known. c. Proposed measures to reduce or control emissions or other impacts to air, if any: None. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands}? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. 4} Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. S} Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. -5 -06/09 H :\CED\Dala\F orms-T emp!ates'\Self-Help Hand outs\Plann ing\en lich Isl ,doc b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. c. Water Runoff {including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. Runoff from proposed surfaces will be collected in catch basins and directed to the existing City of Renton storm system. 2) Could waste material enter ground or surface waters? If so, generally describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: None. 4. PLANTS a. Check or circle types of vegetation found on the site: _X_ deciduous tree: alder, maple, aspen, other __ evergreen tree: fir, cedar, pine, other _X_ shrubs _X_ grass __ pasture __ crop or grain __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eel grass, milfoil, other __ other types of vegetation b. What kind and amount of vegetation will be removed or altered? Some grass will be removed. c. List threatened or endangered species known to be on or near the site. None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Deciduous trees, shrubs, and grasses will be planted per City requirements. -7 -06/09 H:ICED1Data.\Forms-Templa1es1Self-Help Handouts\Plannlng\envchlst.doc 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle~ther ________ _ Mammals: deer, bear, elk~her ~~-------- Fish: bass, salmon, trout, herring, shellfish, other _____ _ b. List any threatened or endangered species known to be on or near the site. None known. c. Is the site part of a migration route? If so, explain No. d. Proposed measures to preserve or enhance wildlife, if any: None. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electric for lighting and heating. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: None. -8 -061C9 H:\CE D\Data\F orms-T emp!ates\Self-Hetp Handouts',P lanninglenvch ls1 .doc b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Vehicular traffic along Rainier Avenue. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short term: Construction equipment, Long term: Vehicular traffic to and from the site. 3) Proposed measures to reduce or control noise impacts, if any: None. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Current use of the site is for a coffee stand. b. Has the site been used for agriculture? If so, describe. No. c. Describe any structures on the site. 400 sf coffee stand. d. Will any structures be demolished? If so, what? The coffee stand will be demolished. e. What is the current zoning classification of the site? Commercial Arterial f. What is the current comprehensive plan designation of the site? Commercial Corridor (CC) g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. i. No. Approximately project? 10 how many people would reside or work in the completed -10 · 06109 H:IC ED\Data\F orms-Templates\Self-Help H and(luts\Plann Wig \envchlst doc j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Proposed use meets current zoning standards. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. c. Proposed measures to reduce or control housing impacts, if any: None. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. Approximately 30 feet. b. What views in the immediate vicinity would be altered or obstructed? None. c. Proposed measures to reduce or control aesthetic impacts, if any: None. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light standards in the parking lot and other misc. building lighting (Spm-9pm). b. Could light or glare from the finished project be a safety hazard or interfere with views? No. -11 -06/09 H :\C ED\Data\forms-T emplatas\Self-Help Handou\s\Plann ng\erwchlst.do-:: c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? None. b. Would the proposed project displace any existing recreational uses? If so, describe. None. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. c. Proposed measures to reduce or control impacts, if any: None. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Existing/proposed access is on Rainier Avenue. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Nearest transit stop is across the street in front of Formula 1 Fast Lube. -12-06/09 H:ICED\Data\Forms-T em plates\Self-Hefp Hando1,1ts\Planriing'.envchlstdoc c. How many parking spaces would the completed project have? How many would the project eliminate? Existing property: 0 parking spaces, Proposed project: approx. 27 parking spaces d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. No more than 400 trips per day. g. Proposed measures to reduce or control transportation impacts, if any: None. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. None. 16. UTILITIES a. atural ga~ er. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Existing connections for telephone (Qwest), electricity (PS&E), and sewer (City of Renton) will be rerouted to building. Existing water service (City of Renton) connection will be replaced. Refuse (City of Renton). C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack-<lf full disclosure on my part. os10, H:ICED\Dala\Forms-T emp!ates\Self-He Ip Handouls\Plan n ing\envcti I st.doc Proponent Signature: Name Printed: Date: -14 · H:ICE C\Data\Fonns-r eml)lates\Self-H sip Hal'ldouts\Plarming\e nvchlst.doc 06/09 Prepared for: Prepared by: Reviewed by: AUTOZONE PROPERTY-RENTON Technical Information Report AutoZone (Contact: Mitch Bramlitt) 123 South Front Street Memphis, TN 38103 901-495-8714 December 30, 2009 Travest Story Jeff Mcinnis, PE PETRA ENGINEERING, LLC 2602 North Proctor, Suite 205 Tacoma, WA 98407 (253) 752-7617 i.-.1 :'ii I ., . .'_y \!,.} Project No: 09-073 Project Name: AUTOZONE PROPERTY-RENTON H:\Job Files\2009 Jobs\09-073 Autozone Store -Renton\Site Plan Review Package\RPT-TIR-12.30.09.doc PETRA ENGINEERING,LLC 2602 NORTH PROCTOR• SUITE 205 I TACOMA I WA 1984071 PHONE (253) 752-76171 FAX (253) 761-85821 WWW.PETRAENG.NET TABLE OF CONTENTS I. PROJECT ENGINEER'S CERTIFICATE ............................................................................................. 3 II. DRAINAGE REPORT .......................................................................................................................... 19 Section 1 -Project Overview................................................. .. ... 19 Section 2 -Conditions and Requirements Summary....... .. .... ........ ...... ...... ...... ...... .... .. ... 19 Section 3-Off site Analysis.......... .. .... .. .. .. .. .... .. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .... .. .. .. .. .... .. .. . .. ... 20 Section 4 -Flow Control and Water Quality Facility Analysis and Design ................. .. .. 20 Section 5 -Conveyance System Analysis and Design..... . 21 Section 6 -Special Reports and Studies.............. . ............................................... 21 Section 7-Other Permits ......................................... 21 Section 8 -CSWPPP Analysis and Design .............. 21 Section 9 -Bond Quantities, Facility Summaries, and Declaration of Covenant.. .. ........ 21 Section 10 -Operations and Maintenance Manual............................................... .. .. 21 Ill. OPERATION AND MAINTENANCE MANUAL ................................................................................. 21 What is Stormwater Runoff?.. ... 21 What is a Storm Drain System and how does it work? ..... ... 21 What does Stormwater Runoff have to do with Water Quality?...... ... 22 Your Stormwater Facility ... 22 Who is Responsible for Maintaining Stormwater Facilities?............ ... 22 IV. APPENDIX ........................................................................................................................................... 28 Appendix A -Maps and Worksheets Appendix B -Stormwater Analysis Appendix C -Maintenance Checklists .. Appendix D -Reports (SWPPP, Geotechnical) ...... --------------. ·----- AUTOZONE PROPERTY-RENTON 12.30 09 ............... 29 ..................................... 32 .. ................................... 33 .. .................................... 37 PAGE2 I. PROJECT ENGINEER'S CERTIFICATE I hereby certify that this Technical Information Report for the AutoZone Property -Renton project has been prepared by me or under my direct supervision and meets minimum standards of care and expertise which is usual and customary in this community for professional engineers. I understand that the City of Renton does not and will not assume liability for the sufficiency, suitability, or performance of drainage facilities designed by me. Seal ------------------------------ AUTOZONE PROPERTY-RENTON 12 30.09 PAGE 3 II. DRAINAGE REPORT Section 1 -Project Overview This project proposes to construct a new 7,300 sf AutoZone retail store on parcel number 1823059082. The existing parcel is approximately 24,510 square feet or 0.56 acres in size. The parcel is located at 175 Rainier Avenue South and is within Section 18, Township 23 North, Range 5 East, W.M. Renton, WA. A vicinity map is included in the Appendix of the report. The site is currently zoned Commercial Arterial (CA) and has a comprehensive plan designation of Commercial Corridor (CC). Access to the site is currently provided for the coffee shop from Rainier Avenue South. This entrance will be reconstructed and will provide the primary access to the new retail store. Other construction activities will include upgrades or realignments of the existing storm, sewer, and potable water facilities on the site. There is one existing structure on the site. It is a coffee shop that is currently in use, but will be demolished during construction. Other impervious surfaces on the site include the existing parking lot around the shop and miscellaneous curbs and sidewalks. A detailed summary of all existing and proposed sites surfaces is shown in Table 1 below. The existing storm drainage system is a collection of catch basins connected to the City of Renton storm drainage system in Rainier Avenue. This system will not be retained for use in the proposed storm drainage system. Table 1-Proiect Surfaces Summary Existin sf 320 Structures F'arki1'19 .... Sidewalks -----------------.···----.----------------------------·------- ·-·-·-·-·-·-·-·-·-·-·-····· Gravel --·-·····-········· .. -·-··········-·-·-·-·-·-·-·-·-·-·-·-·-·- Vegetation Total .. 1?,500 0 .... 11,<190 .. 200 ···-·-··········-·-·-·······---· 24,510 There are no significant slopes within the area designated for construction. The geotechnical report that was prepared for the site classified the onsite soils as sandstone. Federal Emergency Management Agency panel # FM53033C0977F depicts this property as an area of located within flood zone C, which is an area of minimal flooding. Permits will be obtained for the construction of the new building as well as all grading, paving, and utility work. During construction a job shack will be located on the site. Section 2 -Conditions and Requirements Summary Core Requirement #1-Discharge at the Natural Location: The new storm drainage system will not change the existing discharge location at the southeast corner of the site. Core Requirement #2-Offsite Analysis: An offsite analysis was prepared for the site and is included in Section 3 of this report. Core Requirement #3-Flow Control: This project is exempt from flow control requirements. Core Requirement #4-Conveyance System: The new conveyance system for this project was designed in accordance to the City's standards. Core Requirement #5-Erosion and Sediment Control: AUTOZONE PROPERTY-RENTON 12 30.09 PAGE4 A TESC plan was designed for this project and will be implemented according to the plan described in this report and shown on the attached plan set. Core Requirement #6-Maintenance and Operations: An "Operation and Maintenance Plan" is included as part of this report. Core Requirement #7-Financial Guarantees and Liability: The owner will be responsible for required guarantees. Core Requirement #8-Water Quality: Water quality treatment of proposed runoff will be provided through the installation of a StormFilter catch basin prior to discharge from the site, which will treat all pollution generating impervious surfaces. Special Requirement #1-Other Adopted Area-Specific Requirements: There are no known additional requirements that affect the storm drainage design for this project. Special Requirement #2-Flood Hazard Delineation: This special requirement is not applicable to this project. Special Requirement #3-Flood Protection Facilities: This special requirement is not applicable to this project. Special Requirement #4-Source Control: This special requirement is not applicable to this project. Special Requirement #5-Oil Control: This special requirement is not applicable to this project. Section 3--Offsite Analysis The proposed storm system will connect to the existing City of Renton storm system directly in front of the entrance to the site. Flow within the City's system is to the south through 8" pipes. At the intersection of Rainier Avenue and South 2"0 Street the system heads east down South 2°0 Street and the pipes increase in size to 18" diameter pipes until reaching the intersection of South 2°0 Street and Lake Avenue. Just to the east of the Taco Time the system again increase in size to 24" diameter pipes and flow continues back to the south through the existing parking lot for the remainder of the Y. mile downstream. See Appendix A for a copy of the downstream map of the system supplied by the City. Section 4 -Flow Control and Water Quality Facility Analysis and Design On this project, water quality treatment will be accomplished by way of a Storm Filter system. The 6- month 24 hour storm event was used to determine the number of cartridges that will be required for the system. The runoff contributing to this system was modeled using the Stormshed2G™ Computer Program. The program uses the SBUH methodology using a Type 1A hyetograph. All pollution generating impervious surfaces on the site will be directed to, and will receive treatment by, this filter. To determine the number of StormFilter cartridges necessary the following equation was used: Stormfilter Catch Basin #1 Sizing Calculations: Nflow = 0.05 cfs x (449 gpmlcfs / 7.5 gpm/cart) = 2.99 cartridges 3 ZPG (zeolite/perlite/granular activated carbon) cartridges will be used. AUTOZONE PROPERTY-RENTON 12.30 09 PAGES Section 5 -Conveyance System Analysis and Design All pipes on this project will be a minimum of 8" diameter installed at a minimum slope of 0.5%. An 8" pipe installed at 0.5% has a maximum conveyance capacity of 0.99 els. These pipes will be capable of handling lhe 100 year storm event. Section 6 -Special Reports and Studies Additional reports or studies included in the Appendix of this report are: • Geotechnical Report from Associated Earth Sciences. Section 7-Other Permits A permit for the construction of the new building will also be necessary for this project. Section 8 -CSWPPP Analysis and Design Complete Erosion and Sediment Control Plan and Stormwaler Pollution Prevention Plans are included further in this report. Section 9 -Bond Quantities, Facility Summaries, and Declaration of Covenant The "Site Improvement Bond Quantity Worksheet'' is included in the Appendix of this report. Section 10 -Operations and Maintenance Manual All stormwater facilities localed on the property will be owned, operated, and maintained by the owner of the property. A complete Operations and Maintenance Manual is included further in this report. Ill. OPERATION AND MAINTENANCE MANUAL INTRODUCTION What is Stormwater Runoff? When urban and suburban development covers the land with buildings, streets and parking lols, much of the native topsoil, duff, trees, shrubs and grass are replaced by asphalt and concrete. Rainfall that would have soaked directly into the ground instead stays on the surface as stormwater runoff making its way into storm drains (including man-made pipes, ditches, or swale networks), stormwater ponds, surface and groundwater, and eventually to Puget Sound. What is a Storm Drain System and how does it work? The storm drain system for most developments includes measures to carry, store, cleanse, and release the stormwater. Components work logether to reduce the impacts of development on the environment. Impacts can include flooding which results in property damage and blocked emergency routes, erosion which can cause damage to salmon spawning habitat, and pollution which harms fish and/or drinking water supplies. AUTOZONE PROPERTY-RENTON 12 30 09 PAGE 6 The storm drain system provides a safe method to carry stormwater to the treatment and storage area. Swales and ponds filter pollutants from the stormwater by physically settling out particles, chemically binding pollutants to pond sediments, and biologically converting pollutants to less harmful compounds. Ponds also store treated water, releasing it gradually to a nearby stream or to groundwater. What does Stormwater Runoff have to do with Water Quality? Stormwater runoff must be treated because it carries litter, oil, gasoline, fertilizers, pesticides, pet wastes, sediments, and anything else that can float, dissolve or be swept along by moving water. Left untreated, polluted stormwater can reach nearby waterways where it can harm and even kill aquatic life. It can also pollute groundwater to the extent that it requires treatment before it is suitable for drinking. Nationally, stormwater is recognized as a major threat to water quality. Remember to keep everything out of stormwater systems except the rainwater they are designed to collect. Your Stormwater Facility The private stormwater facility for this project includes catch basins for collection of stormwater runoff, storm pipes for conveyance, and a Storm Filter quality treatment of site runoff. Who is Responsible for Maintaining Storrnwater Facilities? All stormwater facilities require maintenance. Regular maintenance ensures proper functioning and preserves visual appeal. This Stormwater Facility Maintenance Guide was designed to explain how stormwater facilities work and provide user-friendly, straightforward guidance on facility maintenance. You are responsible for regularly maintaining privately owned catch basins, pipes and other drainage facilities on your property. Stormwater facilities located in public rights-of-way are maintained by local governments. Maintenance of private stormwater facilities on this site are the responsibility of the owner. QUICK LIST The following is an abbreviated checklist of the most common types of maintenance required. Please go over this checklist after heavy rains. The list represents minimum maintenance to be performed and should be completed in conjunction with the other checklists for an effective maintenance program. 0 Inspect catch basin grates to see that they are not clogged. 0 Remove twigs, leaves, or other blockages. 0 Contact the local jurisdiction to replace the grate if it is broken. The Maintenance Checklists in this packet are for your use when inspecting the stormwater facilities on your property. This packet has been customized so that only the checklists for your facilities are included. If you feel you are missing a checklist, or you have additional facilities not identified or addressed in this packet, please contact your local jurisdiction. The checklists are in tabular format for ease of use. Each describes the area to inspect, inspection frequency, what to look for, and what action to take. A log sheet is included toward the end of the chapter to help you track maintenance of your storm drainage system. Although it is not intended for the maintenance survey to involve anything too difficult or strenuous, there are a few tools that will make the job easier and safer including: • A flashlight AUTOZONE PROPERTY-RENTON 12 30.09 PAGE 7 • A long pole or broom handle • Some kind of pry bar or lifting tool for pulling manhole and grate covers • Gloves A resource list is included in the next chapter. Here you will find the phone numbers of the agencies referred to in the tables, as well as the contractors and consultants who designed and constructed your facilities. SAFETY WARNING: In keeping with OSHA regulations, you should never stick your head or any part of your body into a manhole or other type of confined space. When looking into a manhole or catch basin, stand above it and use the flashlight to help you see. Use a long pole or broom handle to check sediment depths in confined spaces. NO PART OF YOUR BODY SHOULD BREAK THE PLANE OF THE OPEN HOLE. RESOURCE LISTING If you suspect a problem exists, please contact your local jurisdiction at one of the numbers below and ask for Technical Assistance. Contact Numbers: City of Renton Public Works Division WSU Cooperative Extension Developer Information: AutoZone (Contact: Mitch Bramlitt) 123 Front Street Memphis, TN 38103 901-495-8714 Engineer's Information: PETRA ENGINEERING 2602 South Proctor, Ste. 205 Tacoma, WA 98407 (253) 752-7617 AUTOZONE PROPERTY-RENTON 12 30.09 (425) 430-7204 (360) 786-5445 PAGE 8 LOG SHEET Use log sheets to track maintenance checks and what items, if any, are repaired or altered. The completed sheets will serve as a record of maintenance activity and will provide valuable information about how your facilities are operating. Log sheets should be kept in a dry, readily accessible place. INSPECTION DATE: PERFORMED BY: PHONE NUMBER: ----------ADDRESS: POSITION ON HOA: ----------CITY, ST, ZIP: PART OF FACILITY OBSERVATIONS DATE OF INSPECTED (LIST REQUIRED MAINTENANCE ACTIVITIES) ACTION TAKEN ACTION - - -- 1....--------- I I I i ' I ' ! i AUTOZONE PROPERTY-RENTON 12.30.09 PAGE 9 GLOSSARY BEST MANAGEMENT PRACTICE (BMP) -Structures, conservation practices, or regulations that improve quality of runoff or reduce the impact of development on the quantity of runoff. BIOFIL TER (SWALE) -A wider and flatter vegetated version of a ditch over which runoff flows at uniform depth and velocity. Biofilters perform best when vegetation has a thick mat of roots, leaves, and stems at the soil interface (such as grass). BIOFIL TRATION -The process through which pollutant concentrations in runoff are reduced by filtering runoff through vegetation. BUFFER -The zone that protects aquatic resources by providing protection of slope stability, attenuation of runoff, and reduction of landslide hazards. An integral part of a stream or wetland ecosystem, it provides shading, input of organic debris, and coarse sediments to streams. It also allows room for variation in stream or wetland boundaries, habitat for wildlife, and protection from harmful intrusion. CATCH BASIN -An inlet for stormwater set into the ground, usually rectangular and made of concrete, and capped with a grate that allows stormwater to enter. CHECK DAM -A dam (e.g., rock, earthen, log) used in channels to reduce water velocities, promote sediment deposition, and/or enhance infiltration. COMPOST STORMWATER FILTER -A treatment facility that removes sediment and pollutants from stormwater by percolating water through a layer of specially prepared bigleaf maple compost. CONSTRUCTED WETLAND -A wet pond with dead storage at varied depths and planted with wetland plants to enhance its treatment capabilities. CONTROL STRUCTURE (FLOW RESTRICTOR) -A manhole and/or pipe structure with a flow-regulating or metering device such as a weir or plates with small holes known as orifices. This structure controls the rate at which water leaves the pond. CONVEYANCE -A mechanism or device for transporting water including pipes, channels (natural and man-made), culverts, gutters, manholes, etc. CRITICAL AREA -Areas such as wetlands, streams, steep slopes, etc. as defined by ordinance or resolution by the jurisdiction. Also known as "environmentally sensitive areas." CULVERT -A conveyance device (e.g., concrete box, pipe) that conveys water from a ditch, swale, or stream under (usually across) a roadway or embankment. DEAD STORAGE -The volume of storage in a pond below the outlet that does not drain after a storm event. This storage area provides treatment of the stormwater by allowing sediments to settle out. DETENTION FACILITY -A facility (e.g., pond, vault, pipe) in which surface and storm water is temporarily stored. DETENTION POND -A detention facility in the form of an open pond. DISPERSION TRENCH -An open-top trench filled with riprap or gravel that takes the discharge from a pond, spreads it out, and spills (bubbles) the flow out along its entire length. Dispersion trenches are used to simulate "sheet flow" of stormwater from an area, and are often used to protect sensitive adjacent areas, such as wetlands. DRAINAGE SYSTEM -The combination of Best Management Practices (BMPs), conveyances, treatment, retention, detention, and outfall features or structures on a project. DROP STRUCTURE -A structure for dropping water to a lower elevation and/or dissipating energy. A drop may be vertical or inclined. DRY POND -A detention facility that drains completely after a storm. This type of pond has a pipe outlet at the bottom. AUTOZONE PROPERTY-RENTON 12.30.09 PAGE 10 EASEMENT -A right afforded a person to make limited use of another's real property. Typical easements are for pipes or access to ponds, and may be 15 to 20 feet wide. EMERGENCY OVERFLOW OR SPILLWAY -An area on the top edge of the pond that is slightly lower in elevation than areas around it This area is normally lined with riprap. The emergency overflow is used only if the primary and secondary outlets of the pond fail, in the event of extreme storms, or if the infiltration capability of the pond becomes significantly diminished. If the emergency overflow ever comes into play, it may indicate the pond needs to be upgraded. ENERGY DISSIPATER -A rock pad at an outlet designed to slow the velocity, spread out the water leaving the pipe or channel, and reduce the potential for erosion. FREEBOARD -The vertical distance between the design high water mark and the elevation of the top of the pond. Most ponds have one to two feet of freeboard to prevent them from overflowing. INFILTRATION -The soaking of water through the soil surface into the ground (percolation). (Many ponds are designed to fully infiltrate stormwater, and thus do not have a regularly used discharge pipe.) INFILTRATION FACILITY (or STRUCTURE) -A facility (pond or trench) that retains and percolates stormwater into the ground, having no discharge (to any surface water) under normal operating conditions. JUNCTION -Point where two or more drainage pipes or channels converge (e.g., a manhole). JURISDICTION -Olympia, Lacey, Tumwater, or Thurston County (as applicable). LINED POND or CONVEYANCE -A facility, the bottom and sides of which have been made impervious (using, for example, a plastic liner or clay/silt soil layer) to the transmission of liquids. LIVE STORAGE -The volume of storage in a pond above the outlet that drains after a storm event. This storage area provides flood control and habitat protection for nearby streams. MANHOLE -A larger version of a catch basin, often round, with a solid lid. Manholes allow access to underground stormwater pipes for maintenance. NATURAL CHANNEL -Stream, creek, river, lake, wetland, estuary, gully, swale, ravine, or any open conduit where water will concentrate and flow intermittently or continuously. OIL-WATER SEPARATOR -A structure or device used to remove oil and greasy solids from water. They operate by using gravity separation of liquids that have different densities. Many catch basins have a downturned elbow that provides some oil-water separation. OUTFALL -The point where water flows from a man-made conduit, channel, or drain into a water body or other natural drainage feature. RETENTION FACILITY -An infiltration facility. RETENTION POND -A retention facility that is an open pond. REVETMENTS -Materials such as rock or keystones used to sustain an embankment, such as in a retaining wall. RIP RAP -Broken rock, cobbles, or boulders placed on earth surfaces, such as on top of a berm for the emergency overflow, along steep slopes, or at the outlet of a pipe, for protection against the action of water. Also used for entrances to construction sites. RUNOFF -Stormwater. SAND FILTER -A treatment facility that removes sediment and pollutants from stormwater by percolating water through a layer of sand. STORMWATER -That portion of precipitation that falls on property and that does not naturally percolate into the ground or evaporate, but flows via overland flow, channels or pipes into a defined surface water channel, or a constructed infiltration facility. Stormwater includes washdown water and other wastewater that enters the drainage system. AUTOZONE PROPERTY-RENTON 12.30 09 PAGE 11 SWALE -A shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot. This term is used interchangeably with "BIOFIL TER". TRASH RACK or BAR SCREEN -A device (usually a screen or bars) that fits over a pipe opening to prevent large debris such as rocks or branches from entering and partially blocking the pipe. WET POND -A stormwater treatment pond designed with a dead storage area to maintain a continuous or seasonal static water level below the pond outlet elevation. AUTOZONE PROPERTY-RENTON 12 30 09 PAGE 12 IV. APPENDIX AUTOZONE PROPERTY-RENTON 12.30 09 PAGE13 Appendix A -Maps and Worksheets Site Map AUTOZONE PROPERTY-RENTON 12.30.09 PAGE 14 1f4 Mile Downstream Map , :i I JI .: . i 11 (1 - Ip j J ,\ j 1 J,,. 1: H 1· n,,; -~-r,, 1 '."_.'?1 1 I ; iii_ ! ' j , ··) \ Jj j 1 ; I ·-, 3;~6JySt-;"- A-12713. PAG[ 15 )> C -a 0 N 0 z m " ;o 0 " m ;o -a c'-;o m z -a 0 z N w 0 0 <D " )> G) m 0, ~ z r, ~ SOUTH ii •k, :'; g " 'f,,:}, "' \_ . ' ~Sr. \ :,>. Y' I ~ ~ I ffi ~ I KrNG COUNTY UNINCORPOR/\TllD AREAS 530071 I ~ ~ j? ~ ~ z ~ SOUTH SOUTH SOUTH 18 SOUTH SAD AIRPOR ~ILLICUM TOBIN r ~ 0 z ); g c i ~ PLACE w 0 z 3RD ~ " 0 z ~ STREET STREET 2ND STREEr 0 z ~ STREET I § 0 z ~ " z c a Ii w 0 :ii • ~ <ti I S0UT'1 I /ATH C::::::J:1 / --1 6 ~ c ~ ~ ~ ~ ~ ,, ,/ ~ ~ • APPROXIMATE SCALE IN FEET 500 0 500 N.!TION.!l FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP KING COUNTY, WASHINGTON AND INCORPORATED AREAS <SE'E MAP INDfK FOA MNELS NOT Pfl•NTE:Dl ~U~CR PANR ,,umx MAP NUMBER 5J033Cll9n F MAP REVISED: MAY 16, 1995 M;magc:mcnt Agency lnis ,,. "n offlc1al Ct>Pf of a Portiori of1he abcYe ,.,,.,renced ~cc<:! map It was extracted ,.,..,ng F-MIT On-Line lh1g map OOl!!e not reflect chanQeS or umendmenls wt,och may h....., -n mado> &ubsequent to lhH dllla on the t<tle block Fort~ latest prcduct 1nlbrmation about Nsli<>nlll Flood lmourancs P,ogram 1ood mapa check tl>e FEMA Flood Map Store el www rnec fem a gov 'Tl m :s: )> :s: I» Appendix B -Stormwater Analysis Western Washington Hydrology Model PROJECT REPORT Project Name: Site Address: City AutoZone (Renton) 175 Rainier Renton Report Date Gage Data Start Data End Precip Scale: 1/4/2010 Seatac 1948/10/01 1998/09/30 1. 00 MITIGATED LAND USE Name Bypass Basin 1 No GroundWater No Pervious Land Use C, Lawn, Flat Impervious Land Use SIDEWALKS FLAT PARKING FLAT Element Flows To: Acres 0.07 Acres 0.03 0.29 Surface Interflow ANALYSIS RESULTS Flow Frequency Return Return Period Periods for Mitigated. Flow(cfs) 2 year 0.083159 5 year 0.101891 10 year 0.114069 25 year 0.129333 50 year 0.140667 100 year 0.152005 water Quality BMP Flow and Volume for POC 1. On-line facility volume; 0.0402 acre-feet on-line facility target flow: 0.01 cfs. Adjusted for 15 min: 0.0501 cfs. Off-line facility target flow; 0.0258 cfs. Adjusted for 15 min: 0.0286 cfs. AUTOZONE PROPERTY-RENTON 12.30.09 Groundwater POC #1 PAGE 17 Appendix C -Maintenance Checklists APPE'I.IDIX A MA[NTENANCE REQUJRE\a!ENTS FOR FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES. NO. 5 -CATCH BASINS AND MANHOLES Malntenanc& Defect or Problem Condition Wilen Ma1ntenance la NIMded Results Exp•cted When ' Component Maintenance Is fterlom,ad Structure Sediment Sediment exceeds .fl0% of Iha depth from the Sump of ca1ct, basin contains no bott<1m of !he catch basin 1o the Invert of the sediment. I lowesl pipe Into or out of the catdl basin or Is within 6 Inches of the invert of the lowest pipe 1n10 or ollt of the catch basin. Trash and debris I Trash or debris of more 1tlan ~ cubic foot whlc.h No Trash or debris blocking or is located immediately in front of the catch basin potentlally blocking entrance to opening or is. blocking capacity of1he catch basin calch basin. by more than 10%. Trash or debris In trie ca1ch basin that exceeda No trash or debris in 1118 catch basin. '11 tile depth from the bol1om or basin to invert tl1e lowesl pipe into or out of tl1e baain. Dead animals or wge1a~on tha! could generate No dead animals oc vegeta1ion odors that could cause complainls or dangerous present within catch basin. gases (e.g., methane}. Deposits of garbage exceeding 1 cubic foot in No cond~lon present which would Vlllume. attract or support the breeding of inSE1cls CK rodents. Damage to frame Comer of frame extends more than Y. lllCh past Frame Is even with curb. and/or top slab curb face Into the slreet (If applicable) Top slab has holes larger than 2 square inches CK Top slab Is free of holes and cracks. cracks wider Uian Y. Inch. Frame not sitting !lush on top slab, i.e., Frame is sitting !lush on top slab. separation of mom than '/.i inch of lhe frame from the top slab. Creeks in walls or Cracks wider than ~ inch imd longer than 3 feet, Catch basin is sealed and bottom any evidence of soil partides: entering catch structurally sound. basin through cracks, or maintenance person judges that catch basin is unsound. Crack$ wi(ler th11n ~ inch .:ind longer than 1 foot No creeks more 111im '1~ inch wide .it at tile joint of 11ny inlet/outlet pipe or any evidence the Joint of Inlet/outlet pipe. of soil particles entering catch baSin through cracks. Settlement/ Catch basin has !ietlled more than 1 inch or ha5 Basin replaced or ~aired to design misalignment mtater;I more 1han 2 ind1es oU'I of alignment stanr;lards. Damaged pipe joints Cracks wider than 14-inch al the joint of the No cracks more lhan Y.-inch wide at inletloutle! pipes or any evidence of soil entering the joint of lnletlout!et pipes. the catch basin at the joint of the inle1foutlet pipes. Contaminants and My evidence of contaminants or pollllllon sucl'I Materials removed and disposed of pollution as ol!, gasoline, concrele slunies or paint. according to app~cable regulations. Soun::EJ conlrol BMPs implemented if appropriate. No contami'lant.s present other than a surface oil film. Inlet/Outlet Pipe Sediment Sediment filling 20% or more ol Uie pipe. Inlet/outlet pipes clear of sediment. accumula~on Trash anr;I debris Trash-arid debris accumulater:I in inletfoullet No trash or clel:lris in pipes pipes (lndudes lloatables and non-lloatables). Damaged Cracks wider than 'f.r.inch at the joint of the No cracks more th.an -Y.-inch wide at inlet/outlet pipes or any evidence of soil entering the joint of the inlet/outlet pipe. at the joints of the inleVouUet pipes. 2009 Surface Warer Des.ign Manual-Appendix A l/912009 A-9 AUTOZONE PROPERTY-RENTON 12 30.09 PAGE 18 APPENDJX A MAINTENANCE REQU!REMhNTS FLOW COJ\TROL CONVEYANCE, AND WQ f-ACJLITIES ---- NO. 5 -CATCH BASINS AND MANHOLES Maintenance Defect or Problem Condition When Maintenance Is Nfladad Results Expeeted When Co«ipon&nt Maintenance Is Performed ---~-----·-----·---- Metal Grates Unsafe grate opening Grate with opening wider than 7/s Inch. Grate opening meets design (Catch Basins) siandards Trash and debris Trash and debris that is blacking more than 20% Grate tree of trash and debris of grate surface. footnote to guidelines for disposal Damaged or missing Grnte missing or broken member(s) of the grate. Grafe is 1n place and meets design Arr; open atructure-raqulrea urgent standards malM911ance. Manhole Cover/Lid Cover/lid not in place Cover/lid Is missing or only psftially In place. Coverflid protects opening to Any open atructure-requll'M urgent struclure. malnbtrlance. Locking mechanism Mechanism cannot be opened by one Mechanism opens with proper tools NotWor1<ing malnlenar"lce l)Elt"SOr"I with proper tools. Bolts cannol be Sttated. setf-lockirti cover/lid does r"IOI .... - Coverflld dlfflcult lo One malntenan~ person cannot remove Cover/lid can be removed and Remo\18 rover/lid after applying 80 lbs. of lift reinstalled by one maintenance person. Note: The maintenance for the StormFilter is as required by the manufacturer. It is anticipated and recommended that the owner sign up for regular maintenance from the provider of this vault. 1/9/2009 2009 Surface Water Design Manual-Appendix A A-10 AUTOZONE PROPERTY-RENTON 12.30.09 PAGE 19 APPENDlX A ~AlNTENANCE REQUIREMENTS FOR FLOW CONTROL, CONVEYANCE. AND WQ FACILITIES -,-~~~-- NO. 6-CONVEYANCE PIPES AND DITCHES Malntenanoe Defect or Problem CondltlOIUI When Malnktnance 11 Needed Reau Its Expected Wh11tn component Maintenance la Perfonned Pipes Sediment & debris Acci.mulated sediment or debris that exceeds Water flows freely through pipes accumulation 2(1% oftl'le dlameteroftht! pipe. ~- Vegeta1Jonlroots Vegetation/roots that reduce free movemen1 of Water flows freely lhrou<;ih pipes. water through pipes. Contaminants and Any evidence of contaminants or pollution such ' Materials removed and disposed of pollution as oil, gasoline. concrete slurries or paint. according lo applicable regulations. $QtJrce control BMPs Implemented if appropriate. No contaminants present other than a surface oit film. Damage to protective Protective coating is cl.imaged; rust ex corrosion Pipe repaired or replaced. coaHng or corrosion is weakening the structur.al integ1il:y of any pan of pipe. Damaged Arr, dent that decreases the cross section area of Pipe repaired Of replaced pipe by more than 20% or is determined to have- weakened structural integrity of the pipe. ~ Ditches TraYI and debris Trash and debris exceeds 1 cubic foot per 1,000 Trash and debris cieared from ' square feet of ditch !Ind slopes. ditches_ Sediment Accumulated sediment that exceeds 20% of the Ditch cleaned/flushed of al! sediment accumulation design depth. and debris so that it matches design. - Noxious weeds Any noxious or nui1,9nce vegetation which may Noxious and nuisance vegetation constitute a hazard lo County persomel or the removed according to applicable publie, regulations. No danger of noxious v&getatlon where County Pf!TSOnnel or the public: might normally be. Contaminants and ; Any evidence of contaminants or pollution such Materials rernoVl:ld and disposed or pollution as oil, gasoline, concrete slumes or paint. according to applicable regUations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Vegetatioo Vegetallon that reduces free movement of water Water flows freely through ditches. through ditches. Erosiofl d!lmage to MY erosion observed on a ditch slope. Slopes are not eroding, slopes Rock linhg out of One layer or less of rock exists above native soil Replace roe.ks lo design standards. place or missing (If area 5 square feel or rno,e, any expO&ed nawe Applicable) d 2009 Surface Water Design Manual -Appendix A 1/9/2009 A-II AUTOZONE PROPERTY-RENTON 12 30 09 PAGE 20 APPENDIX A MAfNTE~ANCE REQUJREMENTS FLOW CONTROL, CONVEYANCE, AND WQ FAC!LITlES N0.11 -GROUNDS (LANDSCAPING) - Malnt.nance Defect or Problem Conditions When Malnhmance la Needed R&&ulta Exp~ctad When Component Maintenance ls Parfonned &~ Trash or litter Any trash and debris which exceed 1 cubic foot Trash and debris cleared from site. per 1,000 square feet (this is about equal to the amount of trash it would take to fill up one standard size office garbage can). In general, tl1ere should be no visual evidence of dumping. ~-- Noxious weeds Any noxious OT nui5am:e vegelation which may Noidous and nuiSance Yegetatlon conslttute e hazen:I. to County personnel or the removed accol'Uing: to applicable public regulations. No danger of noxious vegeta1ion where County personnel or the public might normally be. Conto1minants and Any evldenoo of contaminants or pollution such Materials removed and disposed of pollution as oil, gasoline. o;mcrete slunies or paint. acoordi~ to applicable regulations. Source control BMPB Implemented If appropriate. No contaminants I prl;!sent other lhari a surface oH film. Grass/groundcover Grau or groundcover e>:ceeds 18 inches in Grass or groun<lco..-er mowed to a height. helgh1 no greater than 6 rlche$. Trees and Shrubs Hazard ArrJ tree Of limb of a tree identified as having a No hazard trees in facility. potential to Ian and cause proper1y damage or threalen human life. A ttazanl tree klentlffecl by a qualified «rbcJrifl must be ramov&d as soon •• poulble. ~. Damaged Limbs or par1s oflrees or shrubs that ate split or Trees and shrubs with less than 5% broken which affect more than 25% of the total of1otal foliage with split or broken foliage of the tree or shrub. limbs. Trees or shrubs that have been blown down Of No blown down vegetation or knocked owr. knocked over vegetation. Trees or SM.lbs free of Injury. Trees or shrubs which ere not adequately Tree or shrub !n place and supported or are leaning over, cat1sing exposure adequately supported; dead or of the n:JOts diseased trees removed. ··--- 1/9/2009 2009 Surface Wat.er Desigri Manual -Appendix. A A-16 AUTOZONE PROPERTY-RENTON 123009 PAGE 21 Appendix D -Reports (SWPPP, Geotechnical) AUTOZONE PROPERTY-RENTON 12 30 09 PAGE 22 Prepared for: Prepared by: Reviewed by: AUTOZONE PROPERTY-RENTON Erosion/Sediment Control Report AutoZone (Contact: Mitch Bramlitt) 123 South Front Street Memphis, TN 38103 901-495-8714 December 30, 2009 Travest Story Jeff Mcinnis, PE PETRA ENGINEERING, LLC 2602 North Proctor, Suite 205 Tacoma, WA 98407 (253) 752-7617 Project No: 09-073 Project Name: AutoZone Property-Renton H:\Job Files\2009 Jobs\09-073 Autozone Store -Renton\Site Plan Review Package\RPT-CSWPPP-12.30.09.doc PETRA ENGINEERING, LLC 2602 NORTH PROCTOR• SUITE 205 I TACOMA I WA 1984071 PHONE (253) 752-76171 FAX (253) 761-85821 WWW.PETRAENG.NET TABLE OF CONTENTS I. PROJECT ENGINEER'S CERTIFICATE ..................................................................................•.......... 3 II. EROSION/SEDIMENT CONTROL REPORT .........................................•............................................. 4 1. Project Description ......................................•..•..........................................................•........ 4 2. Existing Site Conditions .................................................................................................... 4 3. Adjacent Areas .................................................................................................................... 4 4. Geotechnical Analysis and Report .......•.........................................•................•••.............. 4 5. Potential Erosion Problems •..........................................•.........................•..•...................•.. 4 6. Construction Stormwater Pollution Prevention Elements ......•..•.•................................. 4 Element 1: Mark Clearing Limits........................... . ................................ 4 Element 2: Establish Construction Access... ...... ...... ...... ...... ...... ........... . 4 Element 3: Control Flow Rates.. . 5 Element 4: Install Sediment Controls...... 5 Element 5: Stabilize Soils......................... 5 Element 6: Protect Slopes....................... . ...... 5 Element 7: Protect Drain Inlets....... .. 5 Element 8: Stabilize Channels and Outlets.. . 5 Element 9: Control Pollutants........... . 5 Element 10: Control De-Watering.. . ............. 6 Element 11: Maintain BMPs . . .. . . . . ... . . . .. . . . . .. . . . . .. . . . . ... . . . .. . . ............... 6 Element 12: Manage the Project..... . ....... 6 7. Construction Phasing ........................................................................................................ 6 8. Construction Schedule ...................................................................................................... 7 9. Financial/Ownership Responsibilities .............................................................................. 7 10. Engineering Calculations ................................................................................................... 7 Appendix A -Vicinity Map AUTOZONE PROPERTY-RENTON 12.30 09 PAGE 2 I. PROJECT ENGINEER'S CERTIFICATE I hereby certify that this Erosion / Sediment Control Report for the AutoZone Property-Renton project has been prepared by me or under my direct supervision and meets minimum standards of care and expertise which is usual and customary in this community for professional engineers. I understand that the City of Renton does not and will not assume liability for the sufficiency, suitability, or performance of drainage facilities designed by me. Date ( Seal AUTOZONE PROPERTY-RENTON 12.30.09 PAGE 3 II. EROSION/SEDIMENT CONTROL REPORT 1. Project Description This project proposes to construct a new 7,000 sf AutoZone retail store on parcel number 1823059082. The existing parcel is approximately 24,510 square feet or 0.56 acres in size. The parcel is located at 175 Rainier Avenue South and is within Section 18, Township 23 North, Range 5 East, W.M. Renton, WA. A vicinity map is included in the Appendix of the report. The site is currently zoned Commercial Arterial (CA) and has a comprehensive plan designation of Commercial Corridor (CC). Access to the site is currently provided for the coffee shop from Rainier Avenue South. This entrance will be reconstructed and will provide the primary access to the new retail store. Other construction activities will include upgrades or realignments of the existing storm, sewer, and potable water facilities on the site. 2. Existing Site Conditions There is one existing structure on the site. It is a coffee shop that is currently in use, but will be demolished during construction. There are no significant slopes within the area designated for construction. Federal Emergency Management Agency panel# FM53033C0977F depicts this property as an area of located within flood zone C, which is an area of minimal flooding. 3. Adjacent Areas The vicinity around the project site is covered mostly by commercial developments with the exception of the single family dwellings to the west. 4. Geotechnical Analysis and Report The geotechnical report that was prepared for the site classified the onsite soils as sandstone. 5. Potential Erosion Problems There are no steep slopes or other highly erodible sections of the site within the area designated for construction. 6. Construction Stormwater Pollution Prevention Elements Element 1: Mark Clearing Limits The clearing limits will be marked around the perimeter of the construction area to protect neighboring properties and the existing contours to the maximum extent possible. Prior to beginning land disturbing activities all clearing limits will be clearly marked. Element 2: Establish Construction Access It is anticipated that 1 construction entrance will be constructed near the existing access to the site off of Rainier Avenue South. AUTOZONE PROPERTY-RENTON 12.30.09 PAGE 4 Element 3: Control Flow Rates Silt fence will be installed on all downstream sides of the project site to protect offsite properties from excessive flow rates. Element 4: Install Sediment Controls The silt fence placed on downstream boundaries will protect neighboring properties from sediment laden runoff. Inlet protection will be placed in each of the catch basins in the immediate vicinity of the project and in proposed catch basins as soon as possible after installation. Element 5: Stabilize Soils The following constraints will apply. From October 1 through April 30, no soils will remain exposed and unworked for more than 2 days. From May 1 to September 30, no soils will remain exposed and unworked for more than 7 days. This condition will apply to all soils on site, whether at final grade or not. Stockpiles to remain exposed and unworked will be covered by approved soil stabilization measures. If further protection is needed, plastic or jute mesh will be used to cover slopes according to approved details. Element 6: Protect Slopes As described in Section 5, no steep slopes exist within the construction limits. Exposed soils, during construction, will be protected as described under Element 5. Element 7: Protect Drain Inlets Each catch basins receiving runoff from the project site will have inlet protection installed immediately after installation and will be inspected as described under Element 11. Element 8: Stabilize Channels and Outlets After the site has been rough graded the permanent drainage system will be installed as soon as possible. If stabilization is required around these structures check dams or silt dikes will be utilized to provide temporary stability in channels. If existing channels are disturbed during construction permanent seeding will be placed after completion to provide long term stability. Element 9: Control Pollutants Control of pollutants other than sediments is the responsibility of the construction superintendent. Maintenance and repair of heavy equipment and vehicles involving oil changes, hydraulic system drain down, solvent and de-greasing cleaning operations, fuel tank drain down and removal, and other activities that may result in discharge or spillage of pollutants to the ground or into stormwater runoff must be conducted using spill prevention measures, such as drip pans. Contaminated surfaces will be cleaned immediately following any discharge or spill incident. The superintendent will be expected to use his best judgment in addressing any and all conditions that are potentially damaging to the environment. Emergency repairs may be performed on-site using temporary plastic placed beneath and, if raining, over the vehicle. All pollutants, including waste materials and demolition debris that occur on-site during construction will be handled and disposed of in a manner that does not cause contamination of stormwater. Cover, containment, and protection from vandalism will be provided for all chemicals, liquid products, petroleum products, and non-inert wastes present on the site. --------------------------------- AUTOZONE PROPERTY-RENTON 12 30 09 PAGE 5 Element 10: Control De-Watering No requirement for de-watering is anticipated. However, if encountered, de-watering shall be discharged into a closed conveyance system for discharge from the site. Highly turbid or otherwise contaminated dewatering water, such as from construction equipment operation will be handled separately from stormwater. Element 11: Maintain BMPs TESC facilities will be inspected at the end of each work week and subsequent to each storm event during the dry season. During the wet season facilities will be inspected daily. Sediment accumulation in excess of design limits will be removed from the facilities upon identification of the condition and prior to a forecasted storm event. The construction superintendent responsible for these actions will be responsible for maintenance of the erosion and sediment control facilities. Site demo and/or grading will not occur on the site until after the silt fences have been constructed and other sediment controls have been installed. All maintenance and repair will be conducted in accordance with standard procedures for the BMPs. All temporary erosion and sediment control BMPs will be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal of BMPs or vegetation will be permanently stabilized. Element 12: Manage the Project Site construction will be performed after the erosion and sediment control measures have been constructed. From October 1 through April 30, clearing, grading, and other soil disturbing activities shall only be permitted if shown to the satisfaction of the Engineer that the transport of sediment from the construction site to receiving waters will be prevented through a combination of favorable site and weather conditions, limitations on extent of activity, and proposed erosion and sediment control measures. The Engineer may stop the permitted activity if sediment leaves the construction site causing a violation of the surface water quality standard or if erosion and sediment control measures are not adequately maintained. Trenches will be opened only immediately prior to construction and the trenches will be backfilled immediately after any required testing or inspections of the installed improvements. Trenching spoils will be treated as other disturbed earthwork and measures will be taken to cover or otherwise stabilize the material, as required. A Certified Professional in Erosion and Sediment Control, who can be on-site or on-call at all times, will be identified by the contractor. All BMPs shall be inspected, maintained, and repaired as needed to assure continued performance of their intended function. 7. Construction Phasing The recommended construction sequence will include these steps in this order, but some portions of the steps may be performed out of sequence as conditions require. The Construction Sequence is as follows: ------. -------------------~~~----------------~- AUTOZONE PROPERTY-RENTON 12.30.09 PAGE 6 1. Flag clearing limits. 2. Install silt fence in accordance with the plans. 3. Call for inspection by the project engineer. 4. Clear and grub site per plans and specifications. 5. Install additional erosion control measures as required. 6. Rough grade site and install utilities and storm drainage improvements. 7. Construct new retail store. 8. Fine grade and pave site. 9. Stabilize site with landscaping and required seeding. 10. Remove erosion control measures after site is stabilized and after approval of the City of Renton inspector. 8. Construction Schedule Construction is scheduled to begin during the Spring of 2010 and will be completed before the Fall of 2010. All construction activities will occur Monday thru Friday from 8:00 AM to 5:00 PM, with the exception of holidays. 9. Financial/Ownership Responsibilities The property owner will be responsible for bonds and other required securities. 10. Engineering Calculations No calculations were required during the construction of this Erosion / Sediment Control Report. AUTOZONE PROPERTY-RENTON 12.3009 PAGE 7 APPENDIX A -Vicinity Map ---- AUTOZONE PROPERTY-RENTON RENTON MUNICIPAL AIRPORT ' I\ S2NDST ._I I I a! S3RDST 12.30.09 N6THST ---------------------------- PAGE 8 Site Plan .. c---... ~:--.·~ ~-, •r"•.,.y; :s:~: •r-1111•.-_!":"~ AUTOZONE PROPERTY-RENTON 12 30 09 PROPOIED AUTOZONE BUILDING F.F,E. • 48.IO' I I ,I l --1"" ~ 2:1~ 'ia_ ~18l §,...:11:i 2-1""' I I I I I PAGE 9 Associated Earth Sciences, Inc. ~ c::;;;;-:i ~ ~ ~ ~~~~~ Cefehrafin.J Over 251f ears of.Service August 17, 2009 Project No. TE090273A Lakeridge Paving 19606 SE 252"" Street Covington, Washington 98042 Attention: Mr. Greg O'Farrell Subject: Rockery and Block Wall Details 175 Rainier A venue South Seattle, Washington Dear Mr. O'Farrell: As requested, Associated Earth Sciences, Inc. (AESI) is pleased to provide this letter-report presenting our geotechnical engineering recommendations for construction of a rockery wall at the above-referenced site (Figure 1). AESI has completed a limited subsurface exploration program in the area of the plalllled retaining wall. The details provided are based on the soil conditions encountered in the exploration pits completed at the approximate locations shown on Figure 2. This letter-report has been completed in accordance with local standards of practice in the field of geotechnical engineering for specific application to this project by you, Lakeridge Paving, Petra Engineering, and their agents. No other warranty, express or implied, is made. SITE AND PROJECT DESCRIPTION The project is located at 175 Rainier Avenue South in Seattle, Washington. The general location of the site is depicted on Figure I. The western portion of the site slopes from the west toward Rainier Avenue South; the central and eastern portions of the site are relatively level, paved, and at approximately the same elevation as easterly adjacent Rainier Avenue. The sloping portion of the site is mantled with deciduous trees, blackberry vines, and grass. A rockery retaining wall to a height of 10 feet in combination with sloping backfill is being considered along the western edge of the property. EXPLORATION PITS Our field study included excavating two exploration pits to gain information about the site. The various types of sediments, as well as the depths where characteristics of the sediments changed, are indicated on the exploration logs attached to this letter-report. The depths Kirkland 425-827-7701 • Everett • T~coma 425-259-0522 253-722-2992 www.::ae"-P"eo.c.om indicated on the logs where conditions changed may represent gradational variations between sediment types. Our explorations were approximately located in the field based on site features shown on information provided on the King County GIS site. The conclusions and recommendations presented in this letter-report are based on the two exploration pits completed for this study. The number, locations, and depths of the explorations were completed within site and budgetary constraints. Because of the nature of exploratory work below ground, extrapolation of subsurface conditions between field explorations is necessary. It should be noted that differing subsurface conditions might sometimes be present due to the random nature of deposition and the alteration of topography by past grading and/or filling. The nature and extent of any variations between the field explorations may not become fully evident until construction. If variations are observed at that time, it may be necessary to re-evaluate specific recommendations in this letter-report and make appropriate changes. Exploration pits were excavated with a tractor-mounted backhoe. The pits permitted direct, visual observation of subsurface conditions. Materials encountered in the exploration pits were studied and classified in the field by an engineer from our firm. Both exploration pits were backfilled immediately after examination and logging. Selected samples were then transported to our laboratory for further visual classification and testing, as necessary. As shown on the field logs, the exploration pits generally encountered weathered sandstone overlying less weathered deposits consisting of dense sandstone. The upper approximately 4 feet of sandstone was observed to be in a weathered, loose condition. Beneath the weathered zone, although still showing signs of some weathering, the sandstone became dense and moderately cemented. With depth, the sandstone typically became denser. This dense sandstone material typically is a compact soil possessing high-strength, low,compressibility, and low-permeability characteristics. The dense, moderately well cemented sandstone is considered suitable for installation of rockery walls. It is our understanding that the weathered, loose sand encountered within the upper 4 feet of the exploration pits is to be trimmed from behind the wall. Where not removed, additional recommendations, not within the scope of this letter-report, will be required. WATER SEEPAGE No ground water seepage was observed within the exploration pits excavated during our site work. Ground water seepage at the site should be expected to change with changed weather conditions and use of surrounding properties. ROCKERY RECOMMENDATIONS Rockeries may be used to prevent erosion of cut slopes. Unreinforced rockeries are not engineered structures, and should not be used in place of retaining walls. It is our 2 understanding that the weathered, loose sand encountered within the upper 4 feet of the exploration pits is to be trimmed from behind the wall. Where not removed, additionai recommendations, not within the scope of this letter-report, will be required. Structures, roads, and parking areas should be set back from rockeries so that a IH:!V (Horizontal:Vertical) line extending up from the rear base of the rockery does not intersect the footing. The following notes present rockery construction recommendations. A typical rockery detail for rockeries constructed against native soils is shown on Figure 3. In addition, the contractor should confirm that his configurations conform to current regulations of the appropriate jurisdiction specifications. A) The base of the rockery should be started by excavating a trench to a minimum depth of 12 inches below subgrade into firm, unyielding ground. If loose, soft, or disturbed materials exist at the base rock location, they should be removed and replaced with free-draining sand and gravel or crushed rock. This backfill material should be compacted to a minimum of 90 percent of the modified Proctor maximum density using American Society for Testing and Materials (ASTM):D 1557 as the standard. B) The base rock should have a minimum width (perpendicular to the line of the rockery) of 40 percent of the height of the rockery. All rocks should also meet the following weight requirements: Height of Rockery Above 5 feet 5 feet or less Minimum Weight of Rock 500/2,200 pounds, graded, top/bottom rocks 500/1,000 pounds, graded, top/bottom rocks C) The rock material should all be as nearly rectangular as possible. No stone should be used which does not extend through the wall. The rock material should be hard, sound, durable, and free from weathered portions, seams, cracks or other defects. The rock density should be a minimum of 160 pounds per cubic foot. D) Rock selection and placement should be such that there will be minimum voids and, in the exposed face of the wall, no open voids over 8 inches across in any direction. The rocks should be placed in a manner such that the longitudinal axis of the rock will be at right angles or perpendicular to the rockery face. Each rock should be placed so as to lock into two rocks in the lower tier. After setting each rock course, all voids between the rocks should be chinked on the back with quarry rock to eliminate any void sufficient to pass a 2-inch square probe. E) A geotextile filter fabric (Mirafi 500X or equivalent) should be placed between the native soil and the wall backfill. A drain consisting of rigid, perforated, polyvinyl chloride (PVC) pipe enclosed in a 12-inch-wide pea-gravel trench should be placed 3 behind the lower course of rock to remove water and prevent the buildup of hydrostatic pressure behind the wall. The remainder of the wall backfill to within 1 foot of the ground surface should consist of quarry spalls with a maximum size of 4 inches and a minimum size of 2 inches. This material should be placed to a 12-inch minimum thickness between the entire wall and the native cut material and behind the active soil wedge when fronting fills as shown on the detail (Figure 3). The backfill material should be placed in lifts to an elevation approximately 6 inches below the top of each course of rocks as they are placed until the uppermost course is placed. Any backfill material falling onto the bearing surface of a rock course should be removed before the setting of the next course. The upper 1 foot of wall backfill should consist of less-permeable soil to act as a cap over the permeable soil. A drainage swale should be placed along the top of the wall to direct runoff away from the wall face. F) Any asphalt paving or adjacent gradients should be sloped to drain away from the rockery. In addition, the areas above the rockery should be planted as soon as possible after rockery construction to reduce the potential for erosion. We appreciate the oppormnity to be of service to you on this project. Should you have any questions regarding this letter-report or other geotechnical aspects of the site, please call us at your earliest convenience. Sincerely, ASSOCIATED EARTH SCIENCES, INC. Tacoma, Washington Maire Thornton, P.E. Senior Engineer Attachments: Figure 1: Vicinity Map Figure 2: Site and Exploration Plan Figure 3: Rockery Detail Exploration Logs MT/Id TE090213Al Projms\ZOO!l0l73 \ TE\ WP 4 Kurt D. Merriman, P.E. Principal Engineer '" <( "' M w ~ "' N "' w 0 :, '" (9 ~ 0 w ;:;: 0 I- ci z --; 0 "' [l. REFERENCE: KING GO. GIS Associated Earth Sciences, Inc. ./ . I /,. 11 'I _!~~·:'.,,,)].~(;,,~ ,-::.,.., SITE AND EXPLORATION PLAN O'FARRELL WALL RENTON, WASHINGTON FEET FIGURE 2 DATE 8/09 PROJ. NO. TE090273A ,. <;,·_, I ~ c-,, G m Well-graded gravel and GW gravel with sand, little lo no fines Poorly-graded gravel and gravel with sand, l~tle 10 no fine, Sitt)' gravel and silty GM gravel with sand Terms Describing Relative Density and Consistency Coarse-- Grained SDUs Ftne- Grafned SoDs Density SPT!2lblows/foot Vert Lt>ose o lo 4 Loose 4 to 10 Medium Densa 1 Oto 30 Dense 30 IO 50 VDl'J Dense >50 Conslslency SPT~tilows/foot Very Soft O to 2 Soft 2 to 4 Medium Sflfl 4 \o B Test Symbols G = Grain Slze M = Moisture Conlont A =i Atterberg Umlls C = Chemical DD ~ Dry Densl!y ii I ~~t•'9:zll:II-+---------; • Clayey gravel and Sllff Blo15 Very Stiff 15 to 30 K • Permeablllty ..!! :;i GC clayey gravel INith sand i Hard >30 Well-gr!lded sand and sand wi1h gravel, little tonoflhes Poorly-graded sand and sand with gravel, rrttte to no fines Clayey sand and sc clayey sand wi"th gravel Descriptive Tetm Bookleri Cobbl1;1s Gravel . Coars•Gravai H"l8 Gravel Sand Coarse Sand Medium Sand Fine Sand Snt and Clay Component Definitions SIZ.e Range and Sieve Number La<gor than 12' s• 10 12" 3" to No. 4 (4.75 nvn) 3• to 3/,4• 3/4' to No. 4 (4,75mm) No. 4 (4.75 mm) to No. 200 (0.075 mm) No. 4 (4. 75 mm) lo No. 10 (2.00 crrn) No. 10 (2.00 mm) lo No. 40 {a.&125 mm) No. 40 (0.425 IM>) to No. 200 (0.075 mm) Smaller than No. 200 {0.07S mm) (JJ Estimated Percentage Percantage by --+----------, Component Weight Moisture Content Ory-Absence of mofsture 1 dusty, rJ,y to !he touch Sightly Moist • Poroeptlble moisture Sill, sandy sill, gravelly slit, ML sill with sand or gravel Clay of low lo mecfn.rn CL plasticity; sity, sandy, or gravelly clay. lean clay Tra~ <S few Sto10 Utlla 15 lo 2S With -~ coarse constituents: ?. i5% -F1nas conlenl: between 5% and15% Moist· Damp but no visible waler Vory Moist· Walel ,;,;i,te but not free dra&,ir,g Wet· Visible 1ree waler, usually from below water tabla Organic clay or silt of low ot plasticity Symbols Sampler rw, East c silt, clayey slit, sit 2.0" 00 MH with mlcaceous or llt clia1omaeeous fine sand or Sp ·Spoon Sampler ~+•~il,.._~~-~~~--l(SP'T) Clay of high pla,ticity, CH sandy or gravelly clay, fa! Bulk sample clay 'Mlh sand or gravel Blows/6"or portion of 6' j • • SamplarType Oescrlption Cemen! grout .s,urfat:l!lsBB'! Benlodla C•) seal 3.ff OD Sp(it-Spoon Sampler ·. Alet pacSc Y.lh •• b1ank c.athg -~ seclkln 3.25"' OD Spilt-Spoon Ring Sampler 3.0' DD lhln-W.1 Tube Sampler (lnoludlng Shelby lwe) :: } :rH)'drct;'~ ·: wllh Iller pack .'-Endcap O Portion not recovered (4) Depth of ground water .'f. ATD = Al Ume of dnlllng ~ Static waler level (date) (S'J Combined uses symbols used for fiMS bttwaen 5% and 15% Cfasslflcabns of sob 11'1 '1h11 report a~ t,a,;,ed on visual field and/or laboratory observa'IJons, whk:h lndude dansttylcooslsteney, molsb.J111 condllion, grain sb:.e, 1md plasUclty a&Umales and shouk' not be ~slrued to Imply lleld cl Jabciratory 1as!ing unl!!:,!s presented hareJn. VJSUal-manual and/or lebora1DJ)' clt1S!.ificatlon mettil)ds ,;,f ASTM 0.2487 rind D-2488 wwa 1.11.ed as an ldMllfteaUon gl.tide ror ihe Unb'itd ScD CTm.sfflcallcin $}'i1ffll. 5====================:;::========= f Associated Earth Sciences, Inc. ,~~~~~ !~~~~~ EXPLORATION LOG KEY l 12" FIRM UNDISTURBED SOIL SEENOTE2 NOTES: ;.. NO ROADWAY, PARKING LOTS OR BUILDING FOOTINGS IN THIS AREA STABLE CUT FACE IN NATURAL MATERIAL SEE NOTE5 ---1" OR LESS DIAMETER WASHED GRAVEL MIN 6" COVER OVER PIPE, 2" GRAVEL UNDER PIPE MIN 4" DIAMETER PERFORATED RIGID PVC PIPE MIN 1% CONTINUOUS SLOPE TO OUTLET 1. ROCKERIES HIGHER THAN 5' SHALL BE CONSTRUCTED OF ROCKS OF GRADUATED SIZES FROM 5-MAN TO 2-MAN, FROM BOTTOM TO TOP. ROCKERIES OF 5' OR LOWER SHALL BE CONSTRUCTED OF :J.MAN TO 2.MAN, FROM BOTTOM TO TOP. 2. INSPECTION OF SUBGRADE, PLACEMENT OF BASE COURSE AND DRAINAGE, AND FINISHED ROCKERY BY ENGINEER IS REQUIRED. 3. ROCK SHALL BE SOUND AND HAVE A MINIMUM DENSllY OF 160 POUNDS PER CUBIC FOOT. 4. THE LONG DIMENSION OF ALL ROCKS SHALL BE PLACED PERPENDICULAR TO THE WALL. EACH ROCK SHOULD BEAR ON TWO ROCKS IN THE TIER BELOW. 5. ROCKERIES ARE EROSION-CONTROL STRUCTURES, NOT RETAINING WALLS. NATURAL MATERIAL MUST BE STABLE AND FREE STANDING IN CUT FACE. MAXIMUM HEIGHT OF 3 FEET FOR ROCKERIES FACING UNREINFORCED FILL SOILS. 6. SEE TEXT OF REPORT FOR ADDITIONAL RECOMMENDATIONS. ROCK LB. AVCi:.DIMENSION IIN.l 1-MAN 50.200 12 TO 18 2-MAN 20().700 18T028 :J.MAN 700-2000 28T038 4-MAN 20004000 361048 6-MAN 4000-00JO 481064 I I !================================ J Associated Earth Sciences, Inc. UNREINFORCED ROCKERY DETAIL FIGURE 3 ~ ~ ~ ~ Ill m REiT,FOANR.:;;HWINAGL~ON DATE B/0 9 ~ ~ ~ PROJECT NO. TE090273A LOG OF EXPLORATION PIT NO. EP-1 This log is part of the report prepared by Associated Earth Sciences, Jnc. (AESI) for the named project and shOl,.l!d be read tqgether with that report for complete interpretation. This summary applles only to the location of this trench at the time of excavation. Subsurface conditions may change at thts location with lhe passage of time. The data presented are a simplficatlon of actual conditions encountered. DESCRIPTION Topsoil \Loose. dry, brown, silty SAND, slightly organic. 1 -Sandstone Medium dense, moist, brown-gray, fine to medium SAND, weathered. 2 - 3 - r Slight orange oxidation starting at 3 1/2' to 4'. 4 1------------------------------------------------------Sandstone 5 - 6 - 7 - 8 - 9 - 10 - 11 · 12 13 • 14 - 15 - 16 17 - 18 - 19 · Medium dense to dense, gray, fine lo medium SAND, moderately cemented. Bottom of exploration pll at 12 feet. No ground water seepage. No caving. ~--------------------------- ~ J & O'Farrell Wall Seattle, WA Project No. TE090273A 8117/09 I ~:~:~::~YMT ,~;c,a;~,Eriic;esm ~--------------------------------------------- LOG OF EXPLORATION PIT NO. EP-2 ~------· ---·-·-·--------------------------------------- 1 - This log is part of the report prepared by Associated Earth Sciences, rnc. (AESI) for the named project and should be read togetlier with that report fat complete interpretation. This summary applies onty to the location of this trench at the time of excavation. Subsurface conditions may change at this location with !he passage of time. The data presented are a simplficaUon of actual conditions encountered, DESCRIPTION Topsoil \Loose. dry, brown, silty SAND, slightly organic. Sandstone Medium dense, moist, brown-gray, fine to medium SAND, weathered. 2 3 - r Slight orange oxidation starting at 3 1/2' to 4'. 4 _L-----------------------------------------------------Sandstone 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12 13 - 14 - 15 - 16 - 17 - 18 - 19 - Medium dense to dense, moist, gray, fine to medium SAND, moderately cemented_ Bottom of exploration pit at 12 feet. No ground water seepage. No caving. ~------------------------- \'c J O'Farrell Wall Seattle, WA Associated Earth Sciences, Inc. Logged by: MT Project No. TE090273A Approvedby: [DJ I '.t,j ~~, iiJ [Rfl 8/17/09 ~--------------------------------------------- @. Chicago Title Insurance Company COMMITMENT FOR TITLE INSURANCE BY Chicago Title 1-isurance Company Chicago Title Insurance Company, a Missouri corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Pro- posed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Require- ments; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitmc;nt shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. · The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Chicago Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Chicago Title Insurance Company By, f~J 1up;, L fu,,dcn, _/.<, ?JL-_. FORM 72-83-06 (3/07) ALTA Commitment -2006 CONDITIONS l. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other thao those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. ff the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lieo, eocumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate.or interest or mortgage thereon.covered by this Commitmeot. In no event shall such liability exceed the aniount stated in Schedule A for the policy or. policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a pan of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Cofupany arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitmeot Diust be based on and are subject to the provisions of this Commitment. 5. · The policy to be issued contaim an arbitration clause. All arbitrable matters when the Amounts of Insurance is $2,000,000 or i,,_ss shall be arbitraled al the. option of either the Company or the [n,ured as the erc/usive remedy of the ponies. You may review a copy of the arbitration rules at <hnp:/lwww.alta.org/>. FORM 72-8}-06 (8/06) ALTA Conmitmenl · 2006 CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVFNCE, #2300, SEATTLE, WA 98104 ALT.A. COMMITMENT SCHEDULE A SECOND COMMITMENT Order No.: 1288089 Title Unit: U-06 Customer Number: 0' FARRELL PROPERTIES Phone: (206)628-5610 Buyer(s): Fax: (206)628-9717 Officer: SA VIDIS/CAMPBELL/EISENBREY /HARRIS Commitment Effective Date: AUGUST 6, 2009 1 . Policy or Policies to be issued: at 8:00 A.M. AL TA Owner's Policy Amount $1 , 550,000.00 EXTENDED POLICY (6/17/2006) NON-RESIDENTIAL SHORT TERM RATE Premium: $4,433.00 Tax: $ 421.15 Proposed Insured: AUTOZONE DEVELOPMENT CORPORATION, A NEVADA CORPORATION Policy or Policies to be issued: AL TA Loan Policy Proposed Insured: Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Amount: $0 , OD Premium: Tax: Amount: $0 , 00 Premium: Tax: 2 The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE 3 . Title to the estate or interest in the land is at the effective date hereof vested in: O'FARRELL PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY 4 . The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT COMMA805/KLC/l l .I.OS CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULE A (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROPERTIES LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) PARCEL A: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER ON THE WEST BOUNDARY LINE OF SAID SECTION 18: THENCE NORTH 89°03'07" EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION A DISTANCE OF 2177.12 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF COUNTY ROAD NO. 80 (ALSO KNOWN AS 91ST AVENUE SOUTH); THENCE ALONG SAID EASTERLY MARGIN NORTH 11°05'23" EAST A DISTANCE OF 96.46 FEET TO AN INTERSECTION WITH THE NORTHERLY MARGIN OF THE CEDAR RIVER PIPE LINE RIGHT OF WAY; THENCE CONTINUING ALONG SAID EASTERLY MARGIN NORTH 11°05'23" EAST A DISTANCE OF 413.12 FEET TO A POINT ON A LINE 406 FEET NORTH OF AND PARALLEL WITH THE NORTHERLY MARGIN OF SAID PIPE LINE RIGHT OF WAY; THENCE SOUTH 89°33'37" EAST A DISTANCE OF 133.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°26'23" EAST A DISTANCE OF 165.59 FEET TO THE SOUTHERLY MARGIN OF SOUTHWEST VICTORIA STREET (ALSO KNOWN AS SOUTH 133RD PLACE) 25 FEET IN WIDTH; THENCE EAST ALONG SAID SOUTHERLY MARGIN A DISTANCE OF 117 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF THE D. C. MITCHELL ROAD; THENCE SOUTH ALONG SAID WESTERLY MARGIN TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 89°33'37" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 33' 37" WEST TO THE TRUE PO I NT OF BEGINNING. PARCEL B: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF GOVERNMENT LOT 4 IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF 91ST AVENUE SOUTH WHICH IS 83.0 FEET NORTH OF THE CENTER OF THE CEDAR RIVER PIPE LINE RIGHT OF WAY, SAID POINT ALSO BEING 2,206 FEET EAST AND 134.2 FEET NORTH OF THE WEST QUARTER CORNER OF SAID SECTION; THENCE NORTH 10°50'45" EAST ALONG SAID EASTERLY MARGIN 362.2 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°46'45" EAST 275 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF THE D.C. MITCHELL ROAD (ALSO KNOWN AS RAINIER AVENUE); THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN 58.76 FEET, MORE OR LESS, TO THE CLTACMA6/RDA1ll999 CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULE A (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROPERTIES LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOE POPOVIC BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 2716165, RECORDS OF KING COUNTY, WASHINGTON; THENCE WEST ALONG THE NORTH LINE OF SAID CERTAIN TRACT, 284 FEET, MORE OR LESS, TO THE SAID EASTERLY MARGIN OF 91ST AVENUE SOUTH; THENCE NORTH 10°50'45" EAST ALONG SAID EASTERLY MARGIN, 59.33 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING EASTERLY OF THE NORTHEASTERLY PROJECTION OF THAT CERTAIN LINE BEARING NORTH 6°32'49" EAST AND 100.63 FEET IN LENGTH AS DESCRIBED IN AN INSTRUMENT RECORDED UNDER RECORDING NUMBER 4008583, RECORDS OF KING COUNTY, WASHINGTON. PARCEL C: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF GOVERNMENT LOT 4 IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D.C. MITCHELL COUNTY ROAD WITH THE NORTHERLY MARGIN OF THE CITY OF SEATTLE CEDAR RIVER PIPE LINE RIGHT OF WAY: THENCE NORTH 2' 18' 49" EAST 200. 02 FEET; THENCE NORTH 89 ° 51 '11 " WEST PARALLEL WI TH SAID NORTHERLY MARG IN 2. 77 FEET TO A POINT ON THE WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. 5), SAID MARGIN BEING A 5680.30 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL AT SAID POINT BEARING NORTH 89°28'32" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONT I NU I NG NORTH 89 ° 51 ' 11" WEST 156. 11 FEET; THENCE NORTH 6 ° 32' 49" EAST 50. 32 FEET; THENCE NORTH 89°51 '11" WEST 13.68 FEET TO A POINT 128.40 FEET EASTERLY (AS MEASURED ALONG A LINE PARALLEL WITH SAID CEDAR RIVER PIPELINE RIGHT OF WAY) FROM THE EASTERLY MARGIN OF 91ST AVENUE SOUTH (RAINIER BOULEVARD) AS LOCATED IN COUNTY SURVEY NO. 197 1/2, JANUARY 1909; THENCE NORTH 6"32'49" EAST 157.14 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND CONVEYED BY DEED RECORDED UNDER RECORDING NUMBER 6469261; THENCE SOUTH 89°52'13" EAST ALONG THE NORTH LINE THEREOF 144.28 FEET TO SAID WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. 5); THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN AN ARC DISTANCE OF 206.24 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D: CLTACMA6/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULE A (Continued) Order No.: 1288089 Your No.: 0' FARRELL PRO PERT I ES LEGAL DESCRIPTION EXHIBIT {Paragraph 4 of Schedule A continuation) THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION; THENCE NORTH 89°03'07" EAST, ALONG THE EAST AND WEST CENTER LINE OF SAID SECTION, 2,177.12 FEET TO THE EASTERLY LINE OF 91ST AVENUE SOUTH (HARDIE AVENUE SOUTHWEST); THENCE, ALONG SAID AVENUE LINE, NORTH 11°05'23" EAST 509.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°33'37" EAST 133.97 FEET; THENCE NORTH 00°26'23" EAST 75 FEET; THENCE NORTH 89"33'37" WEST 119.86 FEET TO THE EASTERLY LINE OF 91ST AVENUE SOUTH (HARDIE AVENUE SOUTHWEST); THENCE SOUTH 11°05'23" WEST 76.31 FEET TO THE TRUE POINT OF BEGINNING. PARCEL E: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D.C. MITCHELL COUNTY ROAD WITH THE NORTHERLY MARGIN OF THE CEDAR RIVER PIPE LINE RIGHT OF WAY; THENCE NORTH 2'18'49" EAST 275.02 FEET; THENCE NORTH 89°51 '11" WEST AND PARALLEL WITH SAID PIPE LINE RIGHT OF WAY 3.02 FEET TO THE WESTERLY MARGIN OF STATE HIGHWAY NO. 5; THENCE NORTHERLY ALONG SAID WESTERLY MARGIN OF SAID STATE HIGHWAY NO. 5, A DISTANCE OF 75.01 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED BY DEED RECORDED UNDER RECORDING NUMBER 2716165; THENCE WEST ALONG THE NORTH LINE OF SAID CERTAIN TRACT 163.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 6°32'49" WEST TO INTERSECT THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED BY DEED RECORDED UNDER RECORDING NUMBER 4018280; THENCE WEST ALONG SAID NORTH LINE 128.40 FEET TO THE EASTERLY MARGIN OF HARDIE AVENUE SOUTHWEST; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN 101.75 FEET TO THE NORTH LINE OF SAID CERTAIN TRACT OF LAND RECORDED UNDER RECORDING NUMBER 2716165; THENCE EAST ALONG SAID NORTH LINE 120.81 FEET TO THE TRUE POINT OF BEGINNING. CLTACMA6/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULE A (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROPERTIES PARCEL F: LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THAT PORTION OF GOVERNMENT LOT 4 AND OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D.C. MITCHELL COUNTY ROAD (RAINIER AVENUE SOUTH) WITH THE NORTHERLY MARGIN OF THE CITY OF SEATTLE CEDAR RIVER PIPE LINE RIGHT OF WAY; THENCE NORTH 2°18' 49" EAST 200. 02 FEET; THENCE NORTH 89°51 '11" WEST 2.97 FEET TO THE WESTERLY MARGIN OF STATE HIGHWAY NO. 5 (RAINIER AVENUE); THENCE CONTINUING NORTH 89°51 '11" WEST PARALLEL TO SAID PIPELINE RIGHT-OF-WAY, A DISTANCE OF 156.11 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE NORTH 6°32'49" EAST 50.32 FEET; THENCE NORTH 89"51 '11" WEST 143.50 FEET TO THE EAST MARGIN OF 91ST AVENUE SOUTH, FORMERLY COUNTY ROAD (NOW KNOWN AS HARDIE AVENUE SOUTHWEST); THENCE SOUTH 10°50'46" WEST 50.88 FEET; THENCE SOUTH 89'51 '11" EAST 147.30 FEET TO THE TRUE POINT OF BEGINNING. Cl .TACMA6/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULEB Order No.: 1288089 Your No.: O'FARRELL PROPERTIES Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto; reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof: Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims or title to water. I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW WL TACOMB bk 05/17 /07 CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULEB (Continued) Order No.: 001288089 Your No.: 0' FARRELL PROPERTIES SPECIAL EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: DRIVEWAY A SOUTHERLY PORTION OF PARCEL C MAY 19, 1947 3687878 AV 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: IN FAVOR OF: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: ADJOINING LANDS TO THE NORTH INGRESS AND EGRESS EASTERLY 15 FEET OF PARCEL F MAY 23, 1950 4018280 B 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: IN FAVOR OF: PURPOSE: AFFECTS: RECORDED: RECORDING NUMBER: C 4. EASEMENT AND THE TERMS AND PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: D 5. EASEMENT AND THE TERMS AND GRANTEE: WARRANTY DEED ADJOINING LANDS TO THE WEST AND NORTH DRIVEWAY: INGRESS AND EGRESS THE SOUTHERLY 15 FEET AND THE WESTERLY 12 FEET OF THE SOUTHERLY 50 FEET OF PARCEL C JANUARY 21, 1953 4308545 CONDITIONS THEREOF: SEWER LI NE (S) THE SOUTHERLY 5 FEET OF PARCEL E DECEMBER 21, 1956 4758291 CONDITIONS THEREOF: CITY OF RENTON, A MUNICIPAL CLTACMBI/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULEB PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROP ERTi ES SPECIAL EXCEPTIONS CORPORATION OF KING COUNTY, WASHINGTON PUBLIC UTILITIES (INCLUDING WATER AND SEWER} WITH NECESSARY APPURTENANCES A PORTION OF PARCEL A OF SAID PREMISES AS DESCRIBED IN SAID INSTRUMENT AUGUST 25, 1972 7208250394 E 6. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: RECORDED: RECORDING NUMBER: AS FOLLOWS: KITTIE GLENN FEBRUARY 21, 1902 226536 THE PARTY OF THE FIRST PART RESERVES THE RIGHT TO REMOVE ALL COAL OR OTHER MINERALS FROM SAID LAND BUT WITHOUT DISTURBING THE SURFACE THEREOF. F 7. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: RECORDED: RECORDING NUMBER: BP WEST COAST PRODUCTS LLC, A DELAWARE LIMITED LIABILITY COMPANY FEBRUARY 19, 2004 20040219000295 AS FOLLOWS: GRANTOR EXCEPTS FROM THE CONVEYANCE MADE BY THIS DEED THE RIGHTS, BELOW THE DEPTH OF 500 FEET, TO MINERALS AND OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER THE LAND CONVEYED IN FEE BY THIS DEED, BUT WITHOUT THE RIGHT OF SURFACE ENTRY, PROVIDED, HOWEVER, GRANTOR SHALL PAY GRANTEE JUST COMPENSATION FOR ANY DAMAGES SUFFERED BY GRANTEE ARISING FROM THE EXERCISE OF THESE RIGHTS. G AFFECTS: PARCEL C CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROPERTIES SPECIAL EXCEPTIONS H 8. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: AFFECTS: PARCEL C FEBRUARY 19, 2004 20040219000295 J 9. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: K AFFECTS: PARCEL C FEBRUARY 19, 2004 20040219000296 L 10. RELEASE OF DAMAGE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: RECORDED: RECORDING NUMBER: ATLANTIC RICHFIELD COMPANY, A DELAWARE CORPORATION PATRICIA J. BRANDT AND NANCY L. BUNKER, AS INDIVIDUALS DECEMBER 6, 1999 19991206001557 RELEASING PATRICIA J. BRANDT AND NANCY L. BUNKER, AS INDIVIDUALS FROM ALL FUTURE CLAIMS FOR DAMAGES RESULTING FROM: Cl .T AC:MBURDA/0999 CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROPERTIES SPECIAL EXCEPTIONS ENVIRONMENTAL CONTAMINATION M AFFECTS: PARCEL A N 11. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN PERMIT: GRANTEE: RECORDED: RECORDING NUMBER: 0 AFFECTS: PARCEL A STATE OF WASHINGTON APRIL 9, 1940 3095140 P 12. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEEDS: GRANTEE: RECORDED: RECORDING NUMBERS: Q AFFECTS: PARCEL C STATE OF WASHINGTON MAY 9, 1940 3100469 AND 3100471 R 13. MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER 9807219010, AS FOLLOWS: WIRE FENCE APPURTENANT TO WESTERLY ADJOINER ENCROACHES UP TO 0.8 FEET OVER THE WEST LINE OF PARCEL A OF SAID PREMISES. AW 14. MATTERS DISCLOSED ON SURVEY DONE BY HEBRANK, STEADMAN & ASSOCIATES, P.S., DATED MAY 12, 2999, UNDER JOB NO. 99060.00, AND RECORDED UNDER RECORDING NUMBER 9905139010, AS FOLLOWS: A. ASPHALT DRIVE AND CHAIN LINK FENCE APPARENTLY APPURTENANT TO PARCEL F ENCROACH ONTO THE SOUTHERLY ADJOINING PROPERTY. B. CHAIN LINK FENCE APPARENTLY APPURTENANT TO PARCEL F ENCROACHES INTO CLTACMB2/RDA/O'J99 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROPERTIES SPECIAL EXCEPTIONS THE PUBLIC RIGHT OF WAY FOR HARDIE AVENUE SW ALONG THE WESTERLY BOUNDARY OF SAID PARCEL F. C. DRIVEWAY PROVIDED FOR BY INGRESS AND EGRESS EASEMENT RECORDED UNDER RECORDING NUMBER 4018280 WHICH RUNS ALONG THE EASTERLY 15 FEET OF PARCEL F EXTENDS BEYOND THE BOUNDARIES OF SAID EASEMENT. S 15. PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIRED. THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF CITY OF RENTON. PRESENT RATE IS 1 .78%. ANY CONVEYANCE DOCUMENT MUST BE ACCOMPANIED BY THE OFFICIAL WASHINGTON STATE EXCISE TAX AFFIDAVIT. THE APPLICABLE EXCISE TAX MUST BE PAID AND THE AFFIDAVIT APPROVED AT THE TIME OF THE RECORDING OF THE CONVEYANCE DOCUMENTS. T 16. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENAL T I ES) : YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL A 2009 182305-9011-06 2100 $ 385,800.00 $ 72,400.00 BILLED: $ 4,573.02 PAID: $ 2,286.51 UNPAID: $ 2,286 51 U 17. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: 2009 182305-9012-05 CLTACMB2/RDA/01:J99 CHICAGO TITLE INSURANCE COMPANY A.LT.A COMMITMENT SCHEDULEB (Continued) Order No.: 1288089 YourNo.: O'FARRELL PROPERTIES SPECIAL EXCEPTIONS LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL B 2100 $102,000.00 $196,000.00 BILLED: $ 2,978.39 PAID: $1,489.20 UNPAID: $1,489.19 V 18. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENAL T I ES) : YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL C 2009 182305-9082-00 2100 $ 613,200.00 $ 30,800.00 BILLED: $ 6,422.64 PAID: $ 3,211.32 UNPAID: $3,211.32 W 19. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2009 182305-9120-04 2100 $ 115,000.00 $ 145,000.00 BILLED: $ 2,600.13 PAID: $1,300.07 Cl .TACMRURDA/0999 CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROPERTIES SPECIAL EXCEPTIONS UNPAID: $1,300.06 AFFECTS: PARCEL D X 20. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL E 2009 182305-9122-02 2100 $128,000.00 $163,000.00 BILLED: $ 2,908.71 PAID: $1,454.36 UNPAID: $1,454.35 AU 21. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL F 2009 182305-9161-04 2100 $161,000 00 $128,000 00 BILLED: $ 2,888 80 PAID: $1,444.40 UNPAID: $1,444.40 Y 22. MEMORANDUM OF LEASE, INCLUDING THE TERMS AND CONDITIONS OF THE LEASE CL TACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULEB DISCLOSED THEREIN: LESSOR: LESSEE: RECORDED: RECORDING NUMBER: Z AFFECTS: PARCEL C (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROPERT I ES SPECIAL EXCEPTIONS O'FARRELL PROPERTIES, LLC BJ'S DAILY GRIND, INC., A WASHINGTON CORPORATION, JAMES KLEFFNER AND SHARON KLEFFNER JUNE 24, 2004 20040624001008 AA 23. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: O'FARRELL PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY TRANSNATION TITLE COMPANY FRONTIER BANK $ 2,350,000.00 DECEMBER 21, 2007 DECEMBER 21, 2007 20071221001246 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. AC 24. ASSIGNMENT OF RENTS GIVEN FOR SECURITY AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: DATED: RECORDED: RECORDING NUMBER: O'FARRELL PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY FRONTIER BANK DECEMBER 21, 2007 DECEMBER 21, 2007 20071221001247 AE 25. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: CLTACMR2/RDA/0999 • GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROPERTIES SPECIAL EXCEPTIONS O'FARRELL PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY TRANSNATION TITLE COMPANY FRONTIER BANK $ 350,000.00 DECEMBER 21, 2007 DECEMBER 21, 2007 RECORDING NUMBER: 20071221001248 LOAN NUMBER: THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. AG 26. ASSIGNMENT OF RENTS GIVEN FOR SECURITY AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: DATED: RECORDED: RECORDING NUMBER: Al 27. LIEN: CLAIMED BY: AGAINST: AMOUNT: RECORDED: RECORDING NUMBER: FOR: AJ AFFECTS: PARCEL D AK 28. LIEN: O'FARRELL PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY FRONT I ER BANK DECEMBER 21, 2007 DECEMBER 21, 2007 20071221001249 CITY OF RENTON GREG OFARRELL $ 443.20, PLUS INTEREST JANUARY 4, 2008 20080104001017 UTILITY SERVICE CLTACMB2/RDA/0999 • CLAIMED BY: AGAINST: AMOUNT: RECORDED: CHICAGO TITLE INSURANCE COMPANY A.LT.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROPERTIES SPECIAL EXCEPTIONS CITY OF RENTON RECORDING NUMBER: COLDWELL BANKER COMMERCIAL $ 443.20, PLUS INTEREST JANUARY 4, 2008 20080104001018 FOR: UTILITY SERVICE AL AFFECTS: PARCEL D AM 29. UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON SAID PROPERTY AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. MATTERS INCLUDING BUT NOT LIMITED TO MORTGAGES, DEEDS OF TRUST, ASSIGNMENT OF LEASES GIVEN AS SECURITY, FINANCING STATEMENTS AND OTHER SECURITY INTERESTS AFFECTING THE RIGHTS OF LESSEES ONLY. AN 30. TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR O'FARRELL PROPERTIES, L.L.C. AO NOTE: A COPY OF THE LIMITED LIABILITY COMPANY AGREEMENT, AND AMENDMENTS THERETO, IF ANY, MUST BE SUBMITTED. AP 31. ANY CONVEYANCE OR MORTGAGE BY O'FARRELL PROPERTIES, L.L.C., MUST BE EXECUTED IN ACCORDANCE WITH THE LIMITED LIABILITY COMPANY AGREEMENT AND BY ALL THE MEMBERS, OR EVIDENCE MUST BE SUBMITTED THAT CERTAIN DESIGNATED MANAGERS/MEMBERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. AV 32. PRIOR TO ISSUING AN EXTENDED FORM OWNER'S POLICY THIS COMPANY REQUIRES THAT THE PARTIES TO THE TRANSACTION PROVIDE AN ALTA/ACSM CERTIFIED, AS-BUILT SURVEY. AX 33. IMPORTANT I! THIS TRANSACTION HAS NOT BEEN APPROVED FOR INSURANCE AGAINST UNRECORDED LABOR AND MATERIAL LIEN RIGHTS NOR FOR MATTERS THAT COULD BE DISCLOSED BY AN ACCURATE AND COMPLETE SURVEY OF THE LAND. YOU MAY NOT CLOSE UNTIL THIS PARAGRAPH HAS BEEN ADDRESSED! TO PROVIDE AN EXTENDED COVERAGE OWNER'S POLICY GENERAL EXCEPTIONS A CLTACMB2/RDA/0999 • CHICAGO TITLE INSLRANCE COMPANY A.L.T.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1288089 Your No.: 0' FARRELL PRO PERT I ES SPECIAL EXCEPTIONS THROUGH D WILL BE CONSIDERED WHEN OUR INSPECTION AND/OR REVIEW OF SURVEY IS COMPLETED. GENERAL EXCEPTIONS E THROUGH H WILL REMAIN IN THE OWNER'S POLICY TO ISSUE. AR 34. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. BB NOTE 2: IN THE EVENT THE OWNER'S POLICY COVERAGE IS CHANGED FROM EXTENDED TO STANDARD COVERAGE A CHARGE OF $215.00, PLUS $19.35 SALES TAX, WILL BE ADDED TO COVER THE COSTS RELATING TO THE EXTENDED COVERAGE INSPECTION. BA NOTE 3: THE PREMIUM FOR THE EXTENDED COVERAGE OWNER'S POLICY IS ITEMIZED AS FOLLOWS: DESCRIPTION STANDARD COVERAGE: SALES TAX: EXTENDED COVERAGE SURCHARGE: SALES TAX ON SURCHARGE: EXTENDED COVERAGE INSPECTION: SALES TAX ON INSPECTION: TOTAL PREMIUM, INCLUDING TAX: AS NOTE 4: AMOUNT $ 3,037.00 $ 288.52 $1,181.00 $ 112.20 $ 215.00 $ 20. 43 $ 4,854.15 EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY RECORDER'S OFFICE WEBSITE AT WWW.METROKC.GOV/RECELEC/RECORDS AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. CLTACMB2/RDA/0999 • • CHICAGO TITLE INSURANCE COMPANY A.LT.A COMMITMENT SCHEDULEB (Continued) Order No.: 1288089 Your No.: 0' FARRELL PROPERTIES SPECIAL EXCEPTIONS THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER & GOVERNMENT LOT 4 IN SECTION 18-23-5. END OF SCHEDULE B CLTACMB2/RDA/0999 • • I CHICAGO TI1Lt tNSURANCE COMPANY @ 701 F1fTI;I A VENUE, #2300, SEATfLE, WA 98104 PHONE: FAX: (206)628-5610 (206)628-9717 IMPORT ANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and _other land. No liability is assumed by reason of reliance hereon. PTN OF TIIE N Yi OF SECTION 18-23-5 '" l.13 1'C :/'Jll " • i2.t10 ; ' .J ' JU.46 , d/ ,, ;; !: PCL 3 ' "':;.~ -~ .... .-~, ............ ....,. .... -,~- 320 +/- m ·I >S7< J0660it o, lS7SOt "' "" >31S< \W',.-0 3 ---~ PCL 2 J.H 1'C '/J{);~ 0 16HOJ v, >38)< 9073 1,100N:i: >3JI< 9()1::; >80-< ... " . , " .. " " I "'i WI ~! n:' WI Z; ~i -;---- r 2~10.2 tZ·., I 40 : 16800 "'"" • ~ 12406 ST'/,;. ~ 'II( 91'..!5 s a 8723 ~'£.1. ;:: (;i.U. <'J~ ,!. 89-H-46 E 1r; m LOT LN •-l9\.6N OJ. 017- 7-31-21 W ' " ,.. 2ND AVE EXTN • _'S 6~·44•(_5 0 " 4-4-U ':r N LN. C:EDAA Rl R I' SU-l7-2SE J6J. 6 RNLLA LUJ\.-01-108· 20011030900009 -uti .s87•J1•2SE J'. -.. _.,.-------· L:JT :::. MAP ROA 0999 I After Recordrng Return to Greg O'Farrell PO Box 5668 Kent WA 98064-5668 E1893762 81/ZS/-11,21 ICING COUNTY I 11A TAX U,N (/ff) . -.,' fAr ~'CC ffi o W7 ~ fIJJ SALi .... PAGE Ill OF NZ .... ... ,.,.. Document Title: Granter: Grantee: Legal Descnption: Tax Parcel No.: QUIT CLAIM DEED Quit Claim Deed Ttger Mount.un Rentalt LLC, a Washmgton LLm.Jted L1ab1hty Corporation O'Farrells Properties, LLC, a Washington L,m,ted L1ab1hty Corporation SE l/4, NW 1/4, Secnon· l8, Township 23 North, Range 5, E W M (full legal descnpuon on pages l & 2 below) !82305-9011-06 The Granter, T,ger Mountain Rental, LLC, a Washrngton Limited Liability Corporatlont for and m cons1derat10n of mere change m form or 1dentlty (WAC 458-61- 375(1)), conveys and quit clauns to Grantee, O'farrells Properues. LLC, a Washington L1m1ted L1ab1hty Corporallon, the followmg descnbed real estate, silllated m .the County of Kmg, State of Washington, mcludxng any interest therem wh1ch grantor may hereaftei: acquire THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE QUARTER CORNER ON THE WEST BOUNDARY LINE OF SAID SECflON 18, THENCE NORTH 89°03'07" EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION A DISTANCE OF 2177 12 FEET TO AN INTERSECTION WlTH THE EASTERLY MARGIN OF COUNTY ROAD NO 80 (ALSO KNOWN AS 91ST A VENUE SOUTH), THENCE ALONG SAID EASTERLY MARGIN NORTH 1!0 05'23" EAST A DISTANCE OF 9646 FEET TO AN INTERSECTION WITH THE NORTHERLY MARGIN OF THE CEDAR RIVER PIPE LINE RIGHT OF WAY, THENCE CONTINUING ALONG SAID EASTERLY MARGIN NORTH l 1°05'23" EAST A DISTANCE OF 413 12 FEET TO A POINT ON A LINE 406 FEET NORTH OF AND PARALLEL WITH THE NORTHERLY MARGIN OF SAID PIPE LINE RIGHT OF WAY, THENCE SOUTH 89°33'37" EAST A DISTANCE OF 133 97 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 00°26'23" EAST A DISTANCE OF 165 59 fEET TO THE SOUTHERLY MARGIN OF SOUTHWEST VICTORIA STREET (ALSO KNOWN AS Public Record uaer. Non-oraer search Doc: KC.2002 2002062soo1sgg Page I bi 3 Oeated By: dsavidfS --..... SOUTH 133RD PLACE) 25 FEET IN WIDTH, THENCE EAST ALONG SAID SOUTHERLY MARGIN A DISTANCE OF JJ7 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF THE D C MITCHELL ROAD, THENCE SOUTH ALONG SAID WESTERLY MARGIN TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 89°33'37" EAST FROM THE TRUE POINT OF BEGINNING, THENCE NORTH 89°33'37" WEST TO THE TRUE POINT OF BEGINNING SUBJECT TO EASEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED AUGUST 25, 1972 UNDER AUDITOR,S FILE NO 7208250394 SUBJECT TO EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED RECORDED FEBRUARY 21, 1902 UNDER AUDITOR'S PILE NO 226536 SUBJECT TO EASEMENTS AND COVENANTS CONTAINED IN INDEMNITY COVENANT RECORDED UNDER AUDITOR'S FILE NO 19991206001557 SUBJECT TO RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED RECORDED APRIL 9, 1940 UNDER AUDITOR'S FILE NO 3095140 SUBJECT TO ANY RIGHT, TITLE AND INTEREST CLAIMED BY THE WESTERLY ADJOINING OWNER IN THAT PORTION OF SAID PREMISES LYING WEST OF AN 8" CONCRETE WALL THAT IS LOCATED APPROXIMATELY 2 4 FEET EAST OF THE WEST LINE, AS DISCLOSED BY SURVEY RECORDED UNDER AUDITOR'S FJLE NO 98072190)0 SUBJECT TO MATTERS DISCLOSED BY SURVEY RECORDED_ UNDER AUDITOR'S FILE NO 9807219010 All situate m the County of Kmg, State of Washmgton .. e Dated this_-,_ day of January, 2002 ~:::==::;;:::;:;::::.~--~--~ Greg O'Farre!I, Man.ger Ttger Mountam RentJls, LLC Order: Noh-Order Searai Doc. KC:2002 2002002suo1SS9 Public Record Page 2 or 3 u'eated By. dsav1diS Printed: 6]S}M09 10!35:2/ AM PS I I ST ATE OF WASHINGTON ) ) " COUNTY OF KING ) ae On this __ , day of J•nuary, 2002, before me, the underSJgned, a Notary Pubhc m and for the StJte of War,hmgton 1 duly comm1ssmned d.nd sworn, personally itppea.red Greg O'Farrell to me known to be the Manager of Tiger Mount•tn Rental• the L1m1ted L1ab1hty Company, that executed the foregomg mstrument. .i.nd acknowledged the said mo;trurnent to be the free and voluntary act and deed of sa1d Tiger Mountain Rentah, for the U'ies and purposes therein mentioned, and on oath stated that he was authonzed to execute the tran~fer mstmment on behalf of the 'laid Tiger Mountain Rentdls and that the ~eJJ afhxed, 1t c1ny, l',. the seal of said L1m11ed L1ab1hty Company IN WITNESS WHEREOF, I have hereunto set my hand and affJXed my official seal the day and ye,lr flri:.t above wntten oroer. NOn·Order Seardi Doc: KC.2002 20020G2suo1S89 u_, )(_ c;;..,i,;,_____ PUBLIC m and to.r,thcStare of War:, ngton residing i.1.t )'Sf., .... n.: ~ My commm,100 expire~ \ o -~ L. v 'i Public Record page JOI 3 treated By. d5aVid1S Pnnted: 6/5)2009 10:35:28 AM PSI .. 20040219000295.001 Order No NCS-45644-SA1 Escrow No NCS-45644-SA 1 . ,111,1011111 F JRSr,Al'IERJCAN MD 25 ee RECORDING REQUESTED BY FIRST AMERICAN TITLE INSURANCE COMPANY AND WHEN RECORDED, RETURN TO O'Farrell Properties LLC 175 Rainier Avenue South Renton, Washington 98055 Attn Greg O'Farrell ARCO Facility No 05238 Location 175 Rainier Avenue South J-- PAGI I OF 807 /289 H 42 H, co1.t1?v, WA E2018942 021191201M 09 38 KXNG COUNTY , YA 0• TAX Sll, 1&2 v SALE $290,000 00 PAGE0UI OF 0el Renton, WA 98055 FOR RECORDER'S USE 4$,1-lLlf\--r ~ (i) SPECIAL WARRANTY DEED !ST !,}A TAX ACCOUNT NUMBER 162305-9082-00 ABBREVIATED LEGAL DESCRIPTION Section 18, Township 23 North, Range 5 East SE Quarter NW Quarter & Gvt Lot 4 BP WEST COAST PRODUCTS LLC, a Delaware limited liab1hty company ('Grantor'), for and 1n cons1derat1on of $10 00 1n hand paid and other good and valuable cons1derabon, conveys and warrants to O'FARRELL PROPERTIES LLC, a Washington limited hab1hty company ('Grantee"), the following described real estate, situated in the County of King, state of Washington See legal descnpt1on 1n the attached Exh1b1t 'A" Granter excepts from the conveyance made by this Deed the nghts, below the depth of 500 feet, to minerals and 011, gas, and other hydrocarbon substances 1n and under the land conveyed 1n fee by this Deed, but without the right of surface entry, provided, however, Q \RE\ADMIN\NAJOO\Escrows\5238\05238_Sp-Warranty Deed MJU Rev1s1on 2-11-041 DOC 2110/04 3 54 PM 20040219000295.002 Grantor shall pay Grantee Just compensation for any damages suffered by Grantee ansmg from the exercise of these nghts For 25 years after this Deed 1s recorded, the land conveyed m fee by this Deed must not be used for the construction or operation of (1) a convenience food store, (11) a retail sale business where cigarettes and other tobacco-related products are its main products, or (111) a faCJhty selling motor fuel Granter, for itself and its successors rn interest, (1) hmrts the covenants of thrs Deed to those made m !hrs Deed, (11) excludes all covenants arising or to anse by statutory or other rmphcatlon, and (111) agrees that, against all persons lawfully cla1m1ng or to claim by, through, or under Granter and not otherwise, Granter shall forever warrant and defend the title to the real estate conveyed by this Deed But the matters descnbed rn the attached Exh1b1t "B" are excluded from the warranty and defense oblrgatrons under the previous sentence Dated 1fb, fl; , 2004 (ATTACH NOTARY ACKNOWLEDGMENT(S)) Marl Tax Statements to GRANTOR BP WEST COAST PRODUCTS LLC, a Delaware hmrted habrl1ty company By f.-t!!:: K~ Attest Vice President Mai }'Marsh Assistant Secretary O'Farrell Properties LLC 175 Ramrer Avenue south Renton, WA 98055 Q IREIADMININAJOO\Escrows\5238\05238_Sp-Warranty Deed MJU Rev1s1on 2-11-041 DOC 2/10/04 3 54 PM \ j CERTIFICATE 20040219000295.003 I, Mai Ly Marsh, Assistant Secretary of BP WEST COAST PRODUCTS LLC, a Delaware hm1ted l1ab1llty company, does hereby certify that the following 1s a true copy of a resolution duly adopted by consent action of the Board of Directors of the company on September 26, 2001, and that said resolubon 1s vahd and binding and has not been amended, mod1f1ed or rescinded and 1s m full force and effect on the date hereof RESOLVED, that the Chairman, President, any Vice President, Assistant Vice President, and the Treasurer of the Company be, and each of them hereby 1s, severally authorized and empowered 1n the name and on behalf of the Company to make, execute, authenticate, acknowledge and deliver any contract, agreement, release, assignment, lease, conveyance, deed, transfer of real or personal property. proxy. power of attorney with full and general or limited authonty, with power of subst1tut1on, or any other instrument s1m1lar or d1ss1m1lar to the preceding, which he or she may deem necessary or proper 1n connection with the business of the Company, without further act or resolution of this Bosrd, and the Secretary or any AssJStant Secretary be, and each of them hereby 1s, severally authonzed and empowered to affJX the corporate seal to any such papers or documents and to attest the same 1n cases where such action 1s necessary or appropnate I further certify that the foregoing resolution ts strll m full force and effect and has not been amended or rescinded WITNESS my hand and the seal of this Company this 16th day of February, 2004 (q \rc\admm\<fan\certgss doc) Ma1 Ly Marsh Assistant Secretary --- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cahfom1a, County of Orange, 20040219000295.004 On February 16, 2004, before me, Brantley C Smith, Notary Public, personally appeared Wilham ~er and Mai Ly Marsh, personally known to me to be the person(s) whose name(s) re subscribed to the wrthm instrument and acknowledged to me that l:i&l&Relthey execute the same m lusl!9en' their authorized capacrty(1es), and that by l:i1elher/their s1gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, signed the instrument eeeo«z&meer ••'I._ ORAl<TLEY C SMITH r ~~ Comm1SS1on#132614& z $ , Nu'.ary Pubhc ~ Callfom1a. ! J Orange county i MyComm Exp .... Od20,2005 uauzwuuuuuuw 20040219000295.005 LEGAL DESCRIPTION OF THE REAL ESTATE (See attached Exh1brt "A") Q IREIADMININAJOO\Escrows\5238\05238_Si,-Warranty Deed MJU Rev1S1on 2-11-041 DOC 2/10/04 3 54 PM EXHIBIT'A' LEGAL DESCRIPTION: 20040219000295.006 That portion of the Southeast Quarter of the Northwest Quarter and of Government Lot 1 in Seaion 18, Township 23 North, Range 5 East, W.M., in King County, Washington, desmbed as follows Beg1Mlng at the point of Jntersect!on of the Westerly margin of the D.C. M"Jtchell County Road with the Northerly margin of the uty of Seattle Cedar River pipe line right of way; Thence North 2"18'49" East 200.02 feet; Thence Nortll 89°51'11" West parallel with said Northerly margln 2.77 feet to • point on the Westerly margin of Rainier Avenue SOUth (State Hlghway No 5), said margin being a 5680 30 root radius curve concave to the West, a racloal at said point bearing North 89°28'32" West, said point being the true point of beginning; Thence condnulng North 89°51'11" West 156.11 feet, Thence North 6°32'49" East S0.32 feet, Thence North 89°51'11" West 13.68 feet to a point 128.40 Feet Easterly (as measured along a rine parallel with said cedar River pipeline nght of way) from the Easterly margin of 91st Avenue south (Rainier Boulevard) as located In County Suivey No. 1971'.t, January 1909; Thence North 6°32'49" East 157.14 feet to the Northwest comer of that bact of land amveyed l,y deed recorded under Recording No. 6169261; Thence South 89052'13" East along the North lme thereof 141.28 feet to said Westerly margin of Ralnier Avenue South (State Highway No. 5); Thence Southerly along said Y,,esterly margin an arc distance of 206.21 feet to the true point of beginning. •• 20040219000295.007 SPECIAL EXCEPTIONS 1 Right to make necessary slopes for cuts or fills upon said premises for street or road as granted by deed recorded under Recording No(s) 3100469 and 3100471 2 Easement, including terms and prov1s1ons contained therein Recording Information For Affects 3687878 dnveway Southerly portion 3 Easement, including terms and prov1s1ons contained therein Recording Information For Affects 4308545 driveway ingress and egress the Southerly 15 feet and over the Westerly 12 feet of the Southerly 50 feet EXHIBIT"B" Q IRE\ADMIN\NAJOO\Escrows\5238\05238_ Sp-Warranty Deed MJU Rev1s1on 2-11--041 DOC 09108/03 3 54 PM 20040219000296.001 .' \IIDIIIIIIIIIDI 2004021900!Ji96 Order No 45644T Escrow No NCs-45644-SA 1-KR RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY AND WHEN RECORDED, RETURN TO BP West Coast Products LLC 4 Centerpointe Dnve, LPR 4-225 La Palma, Cahfom1a 90623-1066 Attn NaJOO Panthaky ARCO Fac1hty No 05238 Location 175 Raimer Avenue Renton, Washin ton 98055 Type 3 Stte FIRST Alll,RICAM DECL PAGE001 OF eaa ~"6·~~v~u;1 '-10!.J-l'--IA-1.;;i. @ 1ST AM FOR RECORDER'S USE DECLARATION OF ENVIRONMENTAL RESTRICTION AND OTHER ENVIRONMENTAL COVENANTS AND CONDITIONS Tax Account Number 182305-9082-00 Abbreviated Legal Descnpt1on Section 18, Township 23 North, Range 5 East SE Quarter NW Quarter & Gvt Lot 4 This Declaration of Environmental Restriction and Other Environmental Covenants and Cond1t1ons (this "Declaration") dated F-e,.hYU.O..'!f:. I .:f: · , 2004, 1s made by O'FARRELL PROPERTIES LLC, a Washington limited hab1htycompany ("Owner"), for the benefit of ATLANTIC RICHFIELD COMPANY, a Delaware corporation ("ARCO"), and BP WEST COAST PRODUCTS LLC, a Delaware l1m1ted hab1hty company ("BP") V9 C IMJU\05236 Env Dec V9 clean MJU DOC 02113/04 9 32 AM 20040219000296.002 RECITALS A ARCO or ARCO's dealer operated an ARCO-branded gasoline station on the real property in the County of King, State of Washington, described m the attached Exh1b1t "A" (the "Real Estate") B As of January 1, 2002, ARCO conveyed substantially all of ,ts refining and marketing assets, mcludmg the Real Estate, to BP BP America Inc , a Delaware corporation, owns both ARCO and BP C In connection with the signing and recording of !hrs Declaratron, BP conveyed the Real Estala to Owner D By this Declaration, Owner intends to impose certain restncllons on the Real Estate AGREEMENT THEREFORE, Owner agrees and declares as follows 1 BP's Access Rig ht 1 1 Grant of Access Right After the date on which this Declaration rs recorded (the "Effective Date"), BP and BP's representatives will have the unrestncted nght to enter on the Real Estate m order to assess, monitor. and perform corrective action (which may include natural attenuabon) on any Pre-Closing Contamination, to the extent that the Agency requires for commercial use (the "Corrective Action") The term "Pre-Closing Contamination" means hydrocarbons, MTBE and other fuel addrtrves. petroleum, and petroleum denvattve products released rnto the soil or groundwater dunng BP or ARCO gasoline station operations conducted on the Real Estate by BP or ARCO and ,ts subs1d1anes before the Effective Date The term "Agency" means the environmental regulatory agency that has Junsd1cbon over the assessment and remed1at1on of Pre-Closing Contamrnatron, mcludrng without limrtation the Washington Department of Ecology BP shall give Owner pnor oral or written notice of ,ts exercise of thrs right to enter (the "Access Right") BP shall use ,ts best efforts to give that notice at least five business days before exercrsmg the Access Right In exercising the Access Right, BP shall attempt to m1nrm1ze, to the extent reasonably possible, any interference with the operation of the business on the Real Estate. except in the case of an emergency, as determined by BP In conducting ,ts operations on the Real Estate, Owner shall attempt to mrmmrze, to the extent reasonably possible, any interference with the Corrective Action BP will have sole d1scret1on to determine the Corrective Action schedule, technique, method, and design, and BP may contest and appeal any dec1s1on of the Agency Owner shall cooperate wrth BP rn obtaining Agency approval for any Corrective Action The Access Right includes, without hm1tat1on, the right to (1) perform sorl and groundwater mvest1gat1ons, (11) install, operate, momtor, marntam, repair, close, and remove equipment (1nclud1ng piping and wells) for the Corrective Action, and (111) have service trucks on the Real Estate As part of any eqwpment mstallaban, BP may cut and remove portions of the asphalt and concrete But BP shall patch 2 C \MJU\05238 Env Dec V9 clean DOC 02/13/04 10 30 AM 20040219000296.003 any asphalt and concrete that 11 removes with comparable asphalt and concrete BP will not be required to pay any rent or other compensation to Owner for the Access Right or the portion of the Real Estate occupied by the equipment used m performing the Correct1Ve Action 1 2 Termination and Resumption of Access Right The Access Right will terminate 90 days after BP rece1Ves a letter issued by the Agency stating that, based on certain assumptions and cond1bons, the Agency will not require BP to perform any further Corrective Action regarding the Real Estate (the "No Further Action Letter") But 1f, after the Agency issues the No Further Action Letter, the Agency requires BP to perform further Correcbve Action, the Access Right will resume until 90 days after BP receives a new No Further Act10n Letter for the further Corrective Action But, mall events, the Access Right will terminate 25 years after the Effect1Ve Date 2 Owner's Not1f1cabon Obhgabons For 25 years after the Effective Date, Owner shall ootify BP w1thm 14 days after (1) any on-site visit by the Agency, (11} Owner's receipt of correspondence from the Agency regarding any Corrective Action, (111) any release of a Hazardous Matenal on or about the Real Estate requiring regulatory not1f1cat1on, or (1v) any act1v1ty on or about the Real Estate that impacts BP's nghts under this Declaration or BP's performance of any Contractual Obligation (as defined 1n Section 3), other than the activ1t1es covered by Owner's nol1f1cat1on obligation 1n Section 7 1 The term ·Hazardous Material" means any material, substance, or waste that has been determined by any governmental authonty to be capable of posing a risk of miury to health, safety, or property The term "Hazardous Matenal" includes, Without hm1tat1on, any Pre-Closing Contamination 3 Owner's Acceptance of the Cond1t1on of the Real Estate Owner acknowledges that Pre-Closing Contamination 1s present on, under, or near the Real Estate Owner has accepted the Real Estate, including without hm1tabon its environmental cond1bon, 1n ·As IS" cond1t1on on the Effecbve Date, subJect to any other obligation that BP may have under the Real Estate Sale Agreement (1nclud1ng the Corrective Action covenant m Section 12 1 and the defm1bon of "Baseline Data" 1n Section 12 2} or any other written agreement entered into between Owner and BP before the Effective Date, to conduct any Correcttve Action (a "Contractual Obhgabon") In add1t1on, when the Agency issues the No Further Aclion Letter, Owner will be considered to have accepted the Real Estate 1n "AS IS" cond1t1on as of the date of the No Further Action Letter. Owner acknowledges that the purchase price paid to BP for the Real Estate reflects (1) the effect of this Declaration on the Real Estate and (11) any presence, whether known or unknown, of Pre-Closing Contam1nalion, subJect to any nght that Owner might have to require BP to perform any Contractual Obhgat1on. 4 Owner's Waiver of Environmental Claims Owner, for itself and rts heirs, successors, and assigns (1ncludmg without hmilat1on all future owners of the Real Estate), waives any claim that 11 might have against ARCO, BP, or ARCO's or BP's officers, directors, employees, parents, subs1d1ar1es, d1v1s1ons, members, or affiliates (collectively, the •sp Ent1t1es") based on or related to the presence of any Hazardous Malena! on, under, or about the Real Estate at the Effective Date 1ncludmg without hm1tat1on, any claim under the Washington Model Toxics Control Act or any s1m1lar statute, whether discovered before or after the Effective Date These claims include, wrthout hmrtat1on, (1) claims that might anse after the Effective Date and (11) claims that Owner d1d not know or suspect to exist when Owner signed this 3 C \MJU\05238 Env Dec V9 clean DOC 02/13104 10 30 AM 20040219000296.004 Declaration Until the Agency issues the No Further Action Letter, the waived claims will not include any claims (a) ansing from any matenal breach by BP of its Contractual Obhgat1on, its obl1gat1ons under this Declaration, or the cond1t1ons to the Access Right or (b) asserted by a Third Party regarding Pre-Closing Contamination ''Third Party" means any person other than (1) Owner, (11) future owners or occupants of the Real Estate, (111) the respective officers. directors, employees, partners, members, subs1d1anes, d1v1s1ons, and affiliates of the persons descnbed in clauses (1) and (11) of this sentence, and (1v) the respect1Ve successors, heirs, and assigns of the persons described 1n clauses (1) through (111) of this sentence 5 Owner's Environmental Indemnification of the BP Ent1t1es Owner shall mdemmfy and defend the BP Enllties from all hab1ht1es, damages, losses, claims, costs, and expenses (including reasonable attorneys' fees) that the 1ndemnlf1ed person incurs ansmg from the presence of any Hazardous Matenal on, under, or about the Real Estate, whether the release of the Hazardous Matenal occurred before or after the Effective Date Until the Agency 1SSues the No Further Action Letter, the 1ndemmfied claims will not include any claims (a) ans1ng from any material breach by BP of tis Contractual Obhgabon, its obh9at1ons under this Declaration, or the cond1t1ons to the Access Right or (b) asserted by a Third Party regarding Pre-Closing Contam1nat1on 6 Baseline Data For purposes of this Declaration, only Contammat1on w1th1n the Contamination concentration levels (the "Contamination Levels") and the Contaminallon areas (the "Contaminalion Areas") compnsmg the Baseline Data will be considered Pre-Closing Contam1nat1on The term "Contamination" means hydrocarbons, MTBE and other fuel add1lives, petroleum, and petroleum denvallve products present m the soil or groundwater. The term "Baseline Data" means the Contamination Levels and Contam1nat1on Areas disclosed in the report enlitled Underground Storage Tank Removal and Soil Over-excavation Report, dated May 21, 2003, and prepared by Delta EnV!ronmental Consultants, Inc with respect to the Real Estate, decreased to any lower Contamination Levels or smaller Contamination Areas disclosed in any Qualified Report obtained by BP after the Effective Date The term "'Qualified Report'' means a subsurface 1nvest1gat1on report concerning the srnl or groundwater at or under the Real Estate that has been prepared and cert1f1ed by a geologist or professional engineer who 1s licensed by the state in which the Real Estate 1s located and who 1s not affiliated with ARCO, BP, or Owner 7 Soil Excavation and Restnct1ons 7 1 Notice of Owner's Improvement Plans Dunng any period in which the Access Right 1s 1n effect (the "Access Period"), Owner shall proV!de BP with information regarding Owner's plans for 1mprov1ng the Real Estate, to enable BP to assure that Owner's planned improvements will not interfere with the Access Right or adversely affect the Corrective Action Add1t1onally, during the Access Penod, Owner must obtain BP's wntten approval (not to be unreasonably withheld) before constructing any improvement or installing any equipment that would be likely to interfere with the Access Right or adversely affect any Corrective Action 4 C \MJ U\05238 Env Dec V9 clean DDC 02/13/04 10 30 AM 20040219000296.005 72 Soll Excavation After the Effective Date (a) Soil Excavabon Defirnllons "Excavated Soil" means soil excavated at the Real Estate "SOIi Excavation• means, md1v1dually and collecbvely, the following act1v1t1es. (1) Excavating soil at the Real Estate, (11) backf1lhng soil at the Real Estate, (111) transporting Excavated Soll from the Real Estate, and (rv) disposing of Excavated Soil (b) No BP L1ab1hty for Seti Excavation. Owner's Waiver and Indemnity Applies to Soil Excavation BP will have no obligations regarding Soll Excavation occumng after the Effective Date (mcludmg, without hmrtabon, any obligation regarding any Hazardous Malena! contained in the soil, whether or not the Hazardous Malena! constitutes Pre-Closing Contammat1on) Owner acknowledges that the waiver m Secbon 4 and the indemnity and defense obhgat1ons m Section 5 apply to all llab1ht1es, damages, losses, claims, costs, and expenses (including reasonable attorneys' fees) erising from any SOIi Excavation occurring after the Effective Date, whether or not they anse from the presence of any Hazardous Matenal that was released into the soil before the Effective Date Owner agrees that nothing m this Section 7 2 llm1ts the waiver 1n Section 4 or the indemnity and defense obligations m Section 5 7 3 Underground Storage Tank and Petroleum Hydrocarbon Restnct1ons Except as provided 1n Section 7 4, for a penod of 25 years after the Effective Date, Owner shall not (1) install any underground storage tank for petroleum hydrocarbons on or under any Restricted Area or (11) otherwise store or treat petroleum hydrocarbons on or under any Restricted Area 7 4 Certain Permitted Work The prov1s1ons of Section 7 3 will not be considered to proh1b1t Owner from (1) performing any corrective action on soil or groundwater under the Real Estate that 1s contaminated with a Hazardous Material, to the extent required by the Agency, (11) removing or replacing any underground gasoline storage tank or any gasoline lines located under the Real Estate, or (111) storing petroleum hydrocarbons in those replaced underground gasoline storage tanks But Owner must perform that work 1n compliance with all applicable governmental requirements and perform, and pay for, the sampling, transportation, and disposal of any soil or groundwater that the Agency may reqwre as a result of those act1VJties described m Section 7 4(1) and (11) 7 5 Restnctron Regarding Groundwater Extraction If the Agency requires a restnct1on regarding the extraction of groundwater from the Real Estate as a cond1t1on to ,ts 1ssumg the No Further Action Letter, Owner shall sign and have notanzed the document (the "Restrictive Groundwater Covenant") that the Agency reqwres to evidence that restriction But Owner will not be obligated to sign the Restnct1ve Groundwater Covenant 1f 1t restricts anything other than the extraction of groundwater from the Real Estate Owner's s1gnmg the Restnct1ve Groundwater Covenant will have no impact whatsoever on (1) the obhgat1ons of BP, as the successor 1n interest to Atlantic R1chf1eld Company ("ARCO"), under the Indemnity Covenant signed by ARCO on November 2, 1999 and recorded on December 6, 1999 m the Official Records of King County, Washington as Instrument No 19991206001557, or (11) any other rights at law or 1n equity that Owner may have related to the real property that Owner currently owns and that 1s adJacent to, and to the north of, the Real Estate. 5 C \MJU\05238 Env Doo V9 clean DOC 02/13/04 10 30 AM 20040219000296.006 8 Notices Notices relating to this Declaration must be 1n wntlng (except as set forth rn Section 1 1) and sent to the addresses set forth below But a party may change its address for notices by g1vmg notice as required by this Section 8 A wntten notice will be considered given (1) when personally delivered, (11) two business days after deposit rn the United States Mail as first class mail, certified or registered, return receipt requested, with postage prepaid, (111) one business day after deposit with a reputable overnight delivery service for next business day delivery, or (1v) on the business day of successful transm1ss1on by electronic facs1m1le The parties' addresses for nobces are as follows To Owner To BP O'Farrell Properties UC 10868 Raimer Avenue Seattle, Washington 98178 Attn Greg O'Farrell Telephone· (206) 919-5400 Facs1m1le (253) 630-9709 BP West Coast Products LLC 4 Centerpornte Drive, LPR 4-183 La Palma, Cal1forn1a 90623-1066 Attn-Manager, Western Environmental Services Team Telephone (714) 670-5374 Facs1m1le (714) 670-5195 Owner acknowledges that the above telephone number for BP may change without Owner rece,vrng notice of that change 9 Entire Agreement. Mod1ficabon. Waiver This Declaration (including any attached Exh1b1ts) contains the entire agreement between Owner and BP with respect lo any restnct1ons on Owner's use and operation of the Real Estate and the other matters that are the sub1ect of this Declaration Any mod1f1cat1on of this Declaration must be m wnbng and signed by Owner and BP Any waiver of a prov1s1on of this Declaration by OWner or BP must be 1n wnting 10 Governing Law The internal Jaws of the State ofWashrngton govern this Declaration Any lit1gat1on regarding this Declaration must be filed 1n Krng County, Washington 11 lnterpretabon The captions appeanng m this Declaration are for convenience of reference only, and they do not affect the meanings of the prov1s1ons of this Declaration In this Declaration, each gender includes the other gender. Words m the singular include the plural and vice versa, when appropriate The word "person" includes natural md1v1duals and all other entrt1es The word "cost" includes any cost or expense. The word "term" includes any covenant, cond1bon, representation, warranty, or other proVJsion that 1s part of this Declaration Whenever a prov1s1on of this Declarabon requires Owner or BP to perform an act, that person must do so at its sole cost (unless otherwise stated m connection with that prov1s1on) 6 C \MJU\05238 Env Dec V9 clean DOC 02/13/04 10 30 AM 20040219000296.007 12 Further Acts Owner and BP shall each do all thrngs that the other reasonably requests to carry out the purpose of this Declaration. 13 Attorneys' Fees If a dispute arises with respect to this Declaration, then the prevailrng party will be entitled to recover from the other party the reasonable costs and expenses that it incurred 1ri enforcing its rights under this Declaration, including reasonable attorneys' fees 14 Reslncllons Run with the Land ARCO's and BP's rights under this Declaration, Owner's obligations under thzs Declaration, any restrictions on the use and operation of the Real Estate, and any waivers by Owner under this Declaration (collectively, the "Rights and Restnct1ons") are for the benefit of the BP Ent1t1es, and their successors and assigns The Rights and Restnct1ons run with the Real Estate and bind Owner's successors and assigns, mclud1ng future owners of the Real Estate, for the benefit of the BP Entitles, and their successors and assigns The Rights and Restnct1ons are intended (1) to constitute equitable serv1tudes that burden the Real Estate STATEOFWASHINGTON ) Pt'12.vt.e.._ ) ss County of~ ) OWNER O'FARRELL PROPERTIES LLC, a Washington l!m1ted hab1l1ty company By Gregory S O'F arrell Managing Member On this day personally appeared before me G::, ~~ S · O' 1itVY-.ti J to me known to be the Managing Member of O'FARRELL PROPER S:LLC, a Washington hmrted /1ab1i1ty company, the hm1ted habll1ty company descnbed rn and that executed the within and foregorng instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited hab1hty company, for the uses and purposes therein menuoned, and on oath stated that he was authorized to execute said instrument on behalf of said lrm,ted habllrty company '""''• 1...,__'/1\ ~!~"fntetnlY1r,and and off1c1al seal this T day of February, 2004 :~~ ... ,, ~ f tri ..,,,,;.~· ~;9'\ ,qu~ ~ \ ' _, I. ~ [printed name of notary] ~, \ \-, ~ .f :: NOTARY PUBLIC m and f~ }tie State ',, ~ .. ~•,,,,"'"''''''' j" of Washington, res1d1ng at~w-q;x).,,. '1,;-"'11,A .--My Comm1ss1on Expires {o· W·OS-,,,,,,,,, ....... 7 C \MJU\05238 Env Dec V9 clean DOC 02/13/04 10 30 AM ' ' LEGAL DESCRIPTION OF THE REAL ESTATE (See Exh1b1t "/Jo/' following this cover sheet) C \MJU\05238 Env Dec V9 clean DOC 02/13104 10 30 AM 20040219000296. 008 .. EXHIBIT 'A' LEGAL DESCRIPTION: 20040219000296.009 That portion of the Southeast Quarter of the Northwest Quarter and of Government Lot 4 m Sectron 18, Townshrp 23 North, Range 5 East, w M .. m KJng County, washmgtOn, descrrbed as rouows: Begmmng at the point of mtersectron of the Westerly margin of the D.C. Mrtcl1ell County Road with the Northerly margrn of the Crty of Seattle Cedar Rrver prpe hne rrght of way; Thence North 2° 18'49" East 200 02 feet; Thence North 89°51'11" West parallel with sard Northerly margm 2.77 feet to a pornt on the Westerly margin of Raimer Avenue South (State H19hway No. 5), sard margrn bemg a 5680.30 root radrus curve concave to the West, a radial at said pomt beanng North 89"28'32" West, sard pomt berng the true point of begrnnrng; Thence continuing North 89°51'11" West 156.11 feet; Thence North 6"32'49" East 50.32 feet; Thence North 89°51'11" West 13.68 feet to a point 128.40 feet Easterly (as measured along a hoe parallel with said Cedar River p1pehne nght of way) from the Easterly margm of 91st Avenue South (Rarn1er Boulevard) as located in County Survey No. 1971/z, January 1909; Thence North 6°32'49" East 157 .14 feet to the Northwest corner of that tract of land conveyed by deed recorded under Recording No 6469261; Thence South 89°52'13' East along the North lme thereof 144.28 feet to said Westerly margm of Ratnrer Avenue South (State Highway No. 5); Thence Southerly along said Westerly margin an arc distance of 206.24 feet to the true pomt of begrnnmg = = <.O When Recorded Return To: /llllllllllllllil OG!laN COY 14, H William F. Joyce 1989121!161111111"7 PAGE 9'1 OF H7 KIZNG/98/1891 14:47 I COUNTY, UA OGDEN MURPHY WALLACE, P.L.L.C. 1601 Fifth Avenue, Suite 2100 Seattle, Washington 98101-1686 (206) 447-7000 -Fax (206) 447-0215 DOCUMENT TITLE; COVENANTOR: COVENANTEES: LEGAL DESCRIPTION: Indemnity Covenant Atlantic Richfield Company, a Delaware corporation Patricia J. Brandt and Nancy L. Bunker, as md1viduals THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. (Additional Legal on page 6) REFERENCE NUMBER: N/A ASSESSOR'S PROPER TY TAX PARCEUACCOUNT NUMBER: 182305-9011-06 INDEMNITY COVENANT I. THE CONVENANTOR, ATLANTIC RICHFIELD COMPANY, a Delaware corporation, on behalf of itself and its successors and assigns ("ARCO" or "Covenanter"), in connection with the settlement of claims between Covenanter and PATRICIA J. BRANDT and NANCY L. BUNKER, as individuals (collectively "Convenantees"), hereby declares and agrees, for the benefit of the real property described on Exhibit A attached hereto and incorporated herem by this reference as though fully set forth herein and all buildings and improvements thereon (the "Property"), that Covenanter shall: Indemnify, defend, and hold harmless Covenantees, theJT heirs, executors, grantees, successors, and assigns, including, without limitation, any person(s) or entity(ies) who purchases or otherwise acquires ownership of all or any r- ...r, ,_,., = C <.O portion of the Property, and any lender(s) for such person(s) or entity(ies) (collectively "Indemnities"), from and against all losses, damages, liabilities, obligations, costs, and expenses (including attorneys' fees) asserted by regulatory agencies or third parties arising out of or relating to the remediation, including all costs of cleanup work, excavation, drilling, sample of soils and groundwater monitoring, of any hazardous substances, compounds, or materials now or hereafter defined as a hazardous or dangerous substance, hazardous waste, toxic substance, pollutant, or contaminant, under any federal, state, or local law regulation, or ordinance governing substances that could cause actual or suspected harm to human health or the environment, to the extent that the remediation is attributable to releases from ARCO station 5238 adjoining the Property along its southern boundary and located at 175 Rainier Avenue S., Renton, Washington, during ARCO operations. The term hazardous substances specifically includes, but is not limited to, petroleum, petroleum byproducts, gasoline, and its components (such as benzene, toluene, ethylbenzene, xylene, and lead). 2. ARCO's Access Right. ARCO and ARCO's representatives will have the unrestricted right to enter on the Property in order to assess, monitor, and perform it obligations under this Indemnity Covenant (the "Indemnity Entry Right"). In exercising the Indemnity Entry Right, ARCO shall attempt to minimize, to the extent reasonably possible, any interference with the operation of the business on the Property, except in the case of an emergency, as determined by ARCO. In conducting its operations on the Property, Owner shall attempt to minimize, to the extent reasonably possible, any interference with the Indemnity Entry Right. The Indemnity Entry Right includes, without limitation, the right to perform sml and groundwater investigations and the right to mstall, operate, monitor, mamtain, repair, close, and remove equipment (including piping and wells) for which ARCO will not be required to pay any rent or other compensation to the Owner. Jfthe surface of the Property is disturbed by exercise of the Indemnity Entry Right, upon completion of such activities, the surface shall be promptly restored by ARCO to its condition prior to such disturbance to the maximum extent practicable. 3. Countemarts. This Agreement may be executed in counterparts. 4. Venue. Exclusive venue for any action shall be in King County, Washington. 5. Applicable Law. This instrument shall be interpreted and enforced in accordance with the laws and judicial decisions of the State of Washington. 6. Effective Date. This instrument shall become effective as of the latest date of execution below. 2 = = '° COVENANTOR. ATLANTIC RICHFIELD COMPANY By: Printed Name STATE OF ________ ) ) ss COUNTY OF ) On this day personally appeared before me , to me known to be the of , and acknowledged that he/she was authorized to execute this instrument as the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. SUBSCRIBED AND SWORN TO before me this __ day of _____ , 1999. NOTARY Pnnted Name My appointment expires ______ _ 3 ··- = = u:, STATE OF CALIFORNIA couNTY OF ~O~K'A~"-'~c..._e_-___ _ On AloL1e»1BtiilL J...1 /'l'jj, before me, DA:1..J'i 9l. J. GJ1-F, A.l,1Jl(1) &J!i: Dale Name. TtUe ol Officer-E G • "Jarfe Doe, Notar,'Publ!c~ personally appeared f/.c, WiJ.JSLJ(, Name(s) of S1gner(s) IJ personally known to me -9R ~raved te 1t1e efl tile l!asis af satisffieler, e, iEleRee te be the person~ whose name(-S'j 1slere- subscribed to the w1thrn instrument and acknowledged to me that helsl\11111\ay executed the same in his 'lleFilll11ir authorized capacity(i86t, and that by hislll11r/.lR11rr signature(-111 on the instrument the person(i.l, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal ~~&, imJNAruREF ,NOTAR~ •.•••••••••••••••••• OPTIONAL··················· Though the data belo1,1, 1s not required by la,,. 11 may prove \aluable to pe1so11s relymg on rhe document and could p1eHnt fraudulent reanachment ofthts form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT C: lNDIVIDUAL :j CORPORA TE OFFICER • • • Vl?/J#'Afr Mti)A(..ei. E'Jl~t~~i'f!i, if{H&DJ,th£1.0AJl)'------=:Il.JD=r"'1Te:.L.e:!:;:z.~:.,_I.L1.fup~-'.rr,-'T-D-U_;l<3-°:::M;:;t:-"N.::I ==-'-- = PARTNER(S) :: LIMITED ::: GENERAL 0 ATIORNEY-IN-FACT ll TRUSTEE(S) lJ GUARDIAN/CONSERVATOR f I OTHER ___________ _ SIGNER IS REPRESENTING: NUMHf.R 01 PAGJ"S O·\ II or· l>OCI 'Ml' I SIGNl R(",) (rl I ILK 11 JAN,,\ \II I) \UO\ I = = u:, COVEN ANTEE: &·&<'.? {}~£ PATRICIA J. BRAND:r' STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Patricia J. Brandt and acknowledged that she signed this instrument as her free and voluntary act and deed for the uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN TO before me this _L/_ day ofdlt.y~ 1999. ,.••"'"""'""·/')A, ,. :J ~ ,.•'" t;,.N 'I.,'···... {,!,pv(A,'Yt~ ,··r,.Q,,,• ... , •• :/& ··, NQTADY -, ./' ... ,,,.,, ·. ~ --~'- ~ r.' +' ,,._ .... :. ( u : • ~ o 1-, '. ·.-;;, ~ , Carolann rluohes ' . ~ ,,, ,. : I ·:, · '"v-6· ~ c':; . .'·: 0 j Printed Name } '(<" ·.?' > 9 -r):;.··· ... ~'/· . / f/_ I , ",. ·····"·'\+ • My appointment expires: o/ //i)O .... "•s/1 <IA".,... 9-1 ··,., .. ~'''',. 4 = = <.O en CT> en COVEN ANTEE: NJiL~~ ST A TE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Nancy L. Bunker and acknowledged that she signed this instrument as her free and voluntary act and deed for the uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN TO before me this --/-L day of ~99. ................ /74 ..• ,; _ . ~ .. ~~-~i.~~N'"J ;····~. e...,/{/~ .t.•QV, .. ; .•·lv_~~4 /':/.··~:·,,.,, ;··· .. c:;·,.. NOTARY / u · , ,• c • • , : ~ · .. rn;; Carolann Hughes . \ . . ... I • -·-.• ·\ E ,,. A .,. = ~• ~·~L~c.. :a,~ \ ~~ .. ~ .. :-,-_,o .. -~a / ' . o ............. ,, I ....... ~~,,,_ $ "'' ,., .. ······1111,111 ..... , .. , Printed Name My appointment expires:.~~'-'/'-'9c.,,~~::::<'.;/..=0:..__ 5 = = <O EXHIBIT A THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND OF GOVERNMENT LOT 4, SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER ON THE WEST BOUNDARY LINE OF SAID SECTION 18; THENCE NORTH 89°03 '07'' EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION A DISTANCE OF 2177.12 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF COUNTY ROAD NO. 80 (ALSO KNOWN AS 91 sr AVENUE SOUTH); THENCE ALONG SAID EASTERLY MARGIN NORTH 11 °05'23" EAST A DISTANCE OF 96.46 FEET TO AN INTERSECTION WITH THE NORTHERLY MARGIN OF THE CEDAR RNER PIPE LINE RIGHT OF WAY; THENCE CONTINUING ALONG SAID EASTERLY MARGIN NORTH 11 °05'23" EAST A DISTANCE OF 413.12 FEET TOA POINT ON A LINE 406FEETNORTH OF AND PARALLEL WITH THE NORTHERLY MARGIN OF SAID PIPE LINE RIGHT OF WAY; THENCE SOUTH 89°33 '37" EAST A DISTANCE OF 133.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°26'23" EAST A DISTANCE OF 165.59 FEET TO THE SOUTHERLY MARGIN OF SOUTHWEST VICTORIA STREET (ALSO KNOWN AS SOUTH 133RD PLACE) 25 FEET IN WIDTH; THENCE EAST ALONG SAID SOUTHERLY MARGIN A DISTANCE OF 117 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF THE D. C. MITCHELL ROAD; THENCE SOUTH ALONG SAID WESTERLY MARGIN TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 89°33'37" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89°33'37" WEST TO THE TRUE POINT OF BEGINNING. 6 ) Pent\ •• .lb.'t• ilf,pit• •p t .0 fl. Udo•• i";V;.J>,~ Y,ek IO 4G i'!Ult(bi•ll' .... t• ss,e:· .. , 110 I, aea,,-r. <toRolltOA Sff111'm) . 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Tr:·~ rlght nrlYilegean, ·itl'I! tot i111res11udeigr 0•s,s tou:iat:r::; ~alend!'.l:t' \N1r,urp1 JJ1ri ·· r,11-,tfittd !!'1'1f )l'th,lljlU~jloa~ottJ.>1 :t:111n1ng&J. sl.op11G is bltf arant •d ihe ljJOilii':lo-•A i60--GDV "? eb 6 4,1--~ig 11 rt ••1111g SI t~na ii td •oop1,eu1Ja "Pl' 2G JO tuoll-Y if Gilt, .. " kaw "'p:r l9·1~'ll x.~e,r1" Ouit tnu bf 3 W Amdt tar> \f;aNai tteo•rialead ·· lF '<8 y HI 43} 111 ep ilncr .... , I : • • -,~,:,,,, . I I I /"E~ ' .. z <"j 'I..',; 0.,, i'~, ' ; 980?:219010 lU .11.l RECORD OF SURVEY A PORTION OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF RENTON, KING COUNTY, WASHINGTON ,,2···::.;,)~ /' / ,... _,.,/?" . ,,,,h ........ ,-·· .. /: _-,('. kJ-,i! : SCALE: ,· -.30' .. c\ ,./ ~~f 1 ' LE<lAL DEBCIPTION •• ,. _,_.,,····· )· \. ~(\~ : TH,O,l PORTION OF" THE 50\mlEl,ST OI.W!fEII llf Tit. JICJlfTtfllfil Wll!ftR, AND OF t' .· ,,' .,, ~ 1 GOVElltfMENT I.D1' .. S£CTION 1!. TOWNSHIP 2J -™· IWIGf ~ E,t,ST. . l ;/ " ,, .. .,,,f .,• ~"; I "'1tUM[IT[ l1IEJUDWI, IN IQNO CCltlMY, IMSHIHe"lotl. CIE:SCIIIIIEl> AS fllWlW5: .,,;. / ·.(... ·';"'. !, t;I, \ BEWffllNG AT ll£ QUNfflR CORN£R Otl. n1E W£ST BQU,ot,11"1' LINC Of" so.10 ~ 10; .·.,._ }; .,, .• }' ..,.4,. F' ' TifEJ<ICE liOlm'I 8"03'<17" £ASI Al.OHQ 1ffE EABl'·WEST CENfEA(.IME OF 5'IIO SEC1l0M • 'CEN'IEN.JNE Of'"°-C. .)ICfOttW. ~ '-'~ 1 1!0. DISfNICl" OF 2117.U FUT TO~ INftllSECTDI ..nH Tl-£ E,ISlRlT ~ OF COUl(f'" ~:SCOIMIY~ . !111 =.t~';~~E,\Sf~~~~~~~~~~YMAA01N FOJMD WONUM£NT IN CASE (HELD FOR PC or CllRl,£J ~;:ER~~EEIW'. ,.,, .. ~l>\ fi') t~ ~~D=-~~~~~.U:srR~~:,;;T~~lf:1~'%~ --: .,,. t' ;;;i.,~, PONf ON A l.Olt 401 l'ro NOlrTH Of AND PMW..Ul WJTII ™E NOlm4!JILY ~ Of SI.ID • , •·.-.. ' \ ,~ PIPE LJI,£ RIQ-IT-<lfhWlo.T; THENIX SQJIH M'33°37" ~ A Dl$l"AHCE Of" aw. VICTOflA $.t'AEEr -0!'') ., • ·:. -L:-' 1:U.87 FEET TO lHl 1'IIJE -Of flt'.Glftlff:; 1HENC[ >IOKt>t oa-2,·21· c.w,. ..!_SO.,"JYiD~ ::·· .~,· ., •• ,.-,; ' ' 1)1$T.f,NCE~1.::,:,:ROTHESO!l™:i:m~M~;~OOT~~ I ~-----~· WT r.tARG1N HARt1!E AVENUE S.W. NoCJ SOtml t,WIGIN ~."VI'. VICTCRlO. STRID WEll:E C.OU:ULAIEI FRON ~ fOIJHD TACll"S POI Cl1Y OF" RENTOl<I I'll 11,\, I'. 63-e AND MOM..lll;NT 2.1' ''"···,.i·~ _,.._ 1 I j.:,-.JO'oo"II' -·~ J ,.,,-SE?~ [ \ ~..,. ~ A OSTAKCE ~ FW. MOR£ OR l.lSS. TO THE WESTERLY IIAAGtl or ,,· § 1 1ICE D.C. loll'CHa.L Aq,1,1); lllENCE SWl'H AUi~ &llll WESTERLY ~M TO AN -~D woli;';.ENT a,.--~=~ -;'JJ~ ~ ~ll~ ~NT ~1111E1:..:~~ l'aWl' Of '" I I i .; 3:. ,..,. "':/ ; r,,,,~ES SWQI 17111 1 o.,• ~~::,,:! ;1 1 .• ~·. " .. ~ ~ ... ,.f! JL 1/!"J ;~ s! I I ,~." P£R mo MAP FEFERENCE8 I. UNRt:CORCIED SUR'IEI' S'I' el.IS>!. R0ED ,le Hfl"CHIMG:S OOEll ,1.1,'11/AR't 2<1, 1i7J IJNllER 9R«H JOB NUMBER t7M. ;· 1. SR 167 ~IClff-OF-w.<oT WI'. SEAITLE TO IIENTON, AP~ FfllRIWl'l' &, 1114U. ), IIEOORD Of SUIMY Ill' 1"" HAHSON. WUJME ~0, PolCE 252., l'tEOCIRl;IING lfllUlJaR 1®21l)ll01Q • 4. CJ!'( OF 111:i'ITCN WONUWENT ~ES~ IM,IBEII 1761. :;. ""m<5 "'5. 5TloTE Of ffilo5HNG"!ON,. QUIICT mu; Acnotl, 00.l!ll ,UNt 2~, I~ NN'l4'oo.~· 1M!,_ ..... ~r .. ,r:/" ,, • 1/:z" ~-.<Hl CloF' "IICI: LS. 2112.:,r .,· SET F"OII "JMt :WIM'I'. CII:!, .l)lH[R WONlNE!'ff AS NQ1lll .. .··' 0 IUAANIIJC""FOUN;I$~.: .. )( SET U'.AD PU.JG "' TACI( CURVETASLE CURVE LENGTH RADIUS DELTA " ,,,, 02'18'9" RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: ' ' I• 1H co.s!:,f ,, ' •• ,. ,· ·-:,. u::n'Qf,QAM) '·'•,,j,_.,. =~~TMEREOF, F{f~'ts-,.~DIOfll'!'1"H~~~Of~ ~··':C.···""'f'····-'~'.;~;:;~~~~~:;:;;:;~ '8! :: ' ..----·"f"Etl" IIOfl£ OR l,tss NOlffll Of "RIE,"'61" QU.IJffEII CORNER Of so.ID SEC110N. "-'10 I ...... I .•.•• I ""(·.-~ ™DISO. 111-10, .. ..swc( 1$ ld..$0 ™E ~y CORNER or A '( ,:. I •. J;:IEATNII 5 lo!R: lllo'Cr!'-'DED)[l) 1<tmE QlDIN 1tl JOltN WGHIIOICIC. AECOROEtl IJNOOI <· •• 1 •·-1--•·· flfCOIUMNG:.,UIIMIDl::zoeol.3; nitila: -91 9"48°4~" W£$I' ,0 A Sfl\Kt: -i<ING TifE '·~ .. ;a.·.,--J ... .'~· =w~Ltl'[ M~.,:Gf ~ IOI£. lfW:f. RID ttlE TE-US Of ttlE MtlUJM i> !i "§ / :,_.'SUR\e'OR'S NOTES ! ~·-· . .. .. af 8~~11: / 1. Tl!£ ~S SijOWN Htl!EON REFER TO *D Ulll.3/11101 Nill Ml B.ISEil ON ::::!. :i;,1 1 HWl!ll!Hl'AL ctll;JAQI. P0MS 20$, a&I ~p 109R, /4 PIJIUSlt[D 11'1' THC Cl1Y IJ'f" F!DlTON. : 2. AU. 1TTU: N'OAMATIOM SM0WN ON 1MS l,W> ~ E([l<I ~ FROM ()t(;.&00 mt£ i I INSI.IIWICE CQlll'ANY ~rrMEJIT NO. '491510, OOID DECOIBEA 10, 1907. IN r Pf!EPAIIIN~ TiflS foW', IWl(IIWJS[N CONSUlTIMG" (HC:INE£RS. INC. 1w. COtiDIJCftll ND •~ ~=w~~~~~=~~~~~ ~ r... r,w, AND Dl5CWSlll 11'1' lKE REFBIDICW r;:HICIIG(1 COMMITM<NT. IIARG>WJSEN ;../;J CONSUlllltl CMCINW!S. INC. !WI IE.JED -.L'Y ON OUCAOO'S R8'f!E5£HT•nous er ffiE ~I°" TmES CONDfTIOft TO PIIEPARE ?IIIS SIJRV[T ~Cl TMEJlEf()II( ~EN C0,.51.A.~NC 1"1/ ENCIN£DtS. INC. cwun:s Tl£ _.s ...ca.JIIAC'I' N1D OOMl'LDENESS TO nt,,T O("TINT. I : li :5. PROPf;Jfl'f AAtA • 20.9-SQIJAAE FUT ( D,481" ACR~. 4. NO ATTn!f'T HAS IIEIN 16,11)[ 11'1' &IBGH,IIJS[K CONSULTING ENGrN£ERS. INC. WHILE CONDUC"Tlh'G TiilS 'SUIM'I' TO DETERMINE M ElCISTENCC OR LOCATION llf ALL ~ 111-!ICH WAY SERVE CM ENCUMIIER THIS PROl'EMT. I ' 5. THIS SUR'#Ft -esfN"r.i W.111.L ~lffSICAL IMF'!ICI\PO,lrNT fXND("IIOIIS EllJSTlNC ON JUNE: •. '. : ·:.. ._.23, 19811, -'<I.I. SUIM:'t' CONlllOl lllDICtlJEC 1'S "FOUND" W...S RfC(MRW f'qR TlilS PIIO.i£Cl" IN .• u.... / ,,_,. at11u;f 111m1. .; . I 8. AU. QISl"Na:S Ml JI' fin. .,/,·'"·-"• 7, llflS ~: A FED "lRIIYEJtSE ~. t, SOl<!(IA 5" El..ECflli01<1¢ ll)TJol. s.ATION W1oS USED TO l l ~ i ! i··1 ~=~~~~ ~=~~8~™~~~1HOSE / sl'lcmm IN WIie 33:!-1.JU-(llilQ ·~ WE/oSl.lllNO EQVIPWENT ~ BUN I ~mi KT AN N C'S &ISELIN[ 'llffHN ONE lENI or 11,![ OAlE (F THIS SUfMT f ; / :e_. l'Hlt SUIMT ~-~a, fOR DIE ~AJSE OF PAJRIC:!A El!AMDT 1,111) NAIIC'I' ~ I ~ ~ T0°r.!+"f11N OR~~ 5UAV(T tlQ. NCIT L'lfTOIO rt, loH'i UN!Wlfll PNm' /I 1 lllfflOfl EJIP!lf:$S""AEC01ffJC1,l10H e,' -..,sf:I< C<)l<Sl)Plt<lil O<Ol<ECl!S, <KC /oJlt)/OR ' ~ p~ L#l8. :§1.J~'IMOSf: srAI. N>l!:('IAS HCR((ltl ,... •• • l roum, l.lllNUMt!lT It CASE '• ' -~ • .-··· 1 CrTYOf~~fm!4(t£1..t)FllRl"f:.Ol"Cl,llNE) ::-' ~ "-<t>JKo. Uaz-2toa~:r2 nuii...,oc:,11<1~•oto1~.1~r ~4.ll.;,\lol;ll\/...l..L.of'M")'lal-...r.L..11 lllo ~-"' EWDWr.,U tc!Bl.lK -~ lJv'WMI'·" 11wi""'POl>t!'ll<llr-• .. "'7-~"'"'""""'*'"'I ~~..it,U.,.~ollllo5«'") -...ir,i..t _fl\l.,h,.fl,,t! olfATI![C[A .J, IIRAllllT .. JIJI€, 18215 72ND AVENUE so;;;~=" ,Wl'dlff; :· NE,., Nw.i'SEc.ta····~2.3N.· :i&E·.w·' ,~ r KENT, WA 980J2 ll•rt D7~ ·-=-.:· .:· .,· ... _.-?' § (<25)251-0222 -,·. w ... PATRICIA,.J. E!AANPT · 1 , (425)251-S7B2 FAX ' ' 1814.WHITMAN COURT ,S.E. OF } CML ENGIKEERl'tG. I.Nlo l'!.ANNI~ vto RENTnN WA. 9fk?59 ~ ""'""' -"""" ~.,:;..,_ KING COUNTY, W).SHIN~tON 1 • ~11~11., ... ~"'~ .. - i i "', ,#!.,.. .,.,"'8p,e ~ Ul i:,:; >-!:al • ';! ~ ~ "' 0 • iil p.. g .._ ~ 0 «! • 0 -I "' z 0 0 -I hJ <;.!) "' i:,:; -• ~ ~ .. ··------·· --·--·--·-·--. ·-·--···---~·· 20040624001008.001 WHEN RECORDED RETIJRN TO: NAME-Mary J Urback PLLC ADDRESS 12417 12" Street East CJTY,STA TE.ZIP Edgewood, WA 98372 11111111111111111 20040624001f08 -NSNATjK Tl U: ZII ~,ie .. ,r43 ~NG" COll)IT'f ' WR DOCUMENT TITLE(s) \()'}qa:)t-f~8 ~ 1 Memorandum ofLease--For llecordmg Between o 1l:ifrell Properties, LLC and B.J.'s Datly ~d,Inc. ~ 3 4. REFERENCE NlJMBER(s) OF DOCUMENTS ASSIGNED OR RELEASED: [J Add111onal numbers on page of document GRANTOR(s)[Last name firs~ then first name and m1bals]: ~: O'Farren Properties, LLC Said docurnent(s) were liled for record 3. by Transnation Title as accommodat1on Oaddu,onal names on page of docu'ffi!ly. It has not been examined as to proper P.YP.r.nnnn Of 8S \0 il.S effeOt UpOn title. GRANTEE(s)[Last name first, then first name a:rur1111 ills]: l. B J 's Dally Gnnd, Inc. 2. KleffueJ-, James and Sharon 3. Kleffner, Bnana Oadd1honal names on page of documont LEGAL DESCRIPTION[Abbreviated· , e, lot, block, plat; or sectton, township, range): Lct-Umt Block Volume Page: SE Y.., NW Y.. and Government Lot 4 Section 18 Township 23 North Range. S E WM [X) Complete legal de$1:npllon 15 on pege S of document attached as Exlub1t A ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): 182305-9082-00 The Recorder wlIJ rely oD tho Information pr<IVlded DD the form. The stalfwill not read the documentto verify the accun.cy ar completeqess of the mdexlng Information provaded herein. ' I 20040624001008.002 MEMORANDUM OF LEASE-FOR RECORDING BETWEEN O'FARRELL PROPERTIES, LLC AND B.J.'S DAILY GRIND, INC. ~ 11 ._,., This 1s a Memorandum of that certam unrecorded Lease dated the --Z.5 day of ™(jd , 2004, by and between O'FARRELL PROPERTIES, LLC, as Lessor, and BJ 'S DAILY GRIND, INC, a Washrngton corporation, JAMES KLEFFNER and SHARON KLEFFNER, Husband and Wife, and BRIANA KLEFFNER, a smgle woman, collectively 0 Lessee'' Tbe Lease concerns the property legally descnbed on Exh1b1t A attached hereto and 11lustrat1vely shown on Exh1b1t B attached hereto and mcorporated herem by this reference The term of the Lease 1s for five (5) years, commencrng on the 1st day of May, 2004 and tennrnatmg on the 30th day of Apnl, 2009 with the opt10n of one (1) five (5) year renewal provided Lessee 1s not m default under the terms and conditions of the Lease. This Memorandum IS not a complete summary of the Lease Prov1s1ons of the Memorandum shall not be used m mterpretmg the Lease In the event of a conflict between the Memorandum and the unrecorded Lease, the unrecorded Lease shall control --hLin Witness Whereof, the parties have executed tins Memorandum on the ~ day of ~w ,2004 - LESSEE BJ'S DAILY GRIND, INC, a Washmgton corporation (pnntnam Its Managm~Membe/ Date· 3,&5/0 2i JAMES KLEFFNER AND SHARON KL FFNER, Husband and Wife O'Fmdl\BJDa1lyGnnd\ 32404v2 1 LESSOR O'FARRELL PROPERTIES, LL C, a Washmgton hm1ted hab1hty company By_~~~~~~~~~~~- Gregory S. O'Farrell Its Managmg Member Date. -8~/22/!S<.µ<:~-1----- 20040624001008.003 BRIANA KLEFFNER, a smgle woman STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me~ "I-8vJ~t)>,,, 1Xl me !mown to be the {hp,fWJpt,6 of B.J.'s Daily Gnnd, Inc, the Washmgton corporation descnbed m and that executed the w1tlun and foregomg mstrument, and aclmowledged said instrument to be the free and voluntary act and deed of said corporatton, for the uses and purposes therem mentJoned, and on oath stated that he was authonzed to execute said mstrument on behalf of said corporatJon GNEN under my hand and officrnl seal this CQ_ day of {))a.,,.eh , 2004 O'F~ll\BJ~ily(,nnd'- 32404 v2 2 STATE OF WASHINGTON ~ COUNTY OF _ ____,,~«-=c..::....,1--- ) ) ss ) 20040624001008.004 On this day personally appeared before me Gregory S O'Farrell to me known to be the Managing Member of O'Farrell Properties, LL C, the Waslungton hm1ted hab1hty company descnbed m and that executed the witlun and foregomg mstrument, and acknowledged said mstrument to be the free and voluntary act and deed of said hm1ted hab1hty company, for the uses and purposes therem mentmned, and on oath stated that he was authonzed to execute said mstrument on behalf of said limited hab1hty company GIVEN under my hand and official sw~16~ day of /Yl~ 2004 •••• •• e\'\OUQ,:, •,,, • \>-...... , ,, ' : ~ ··e:,10N £,l',i,•, ~~ •• .[o % : ·~ :I" p.'1Y , ~ ;::E , : ,,. .a .. .. \ '? pU\l nn)~tfame] \,,s,; ·,,·ii·, 1-PIJ'BLIC m and for the State '•,!l'0l · ~~n, residmg at ~ ' 11 • f1' emimssmn Ex])lres 2J iJJOJ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me James Kleffner and Sharon Kleffuer, husband and wife, to me known to be the md1viduals descnbed m and who executed the witbm and foregomg mstrument, and acknow !edged that they signed the same as their free and voluntary act and deed, for the uses and purposes therem mennoned. GIVEN under my hand and official seal this Z6 day of fn/A/l.t!,{,,-. O"Fa.rreU\BJDa1t)'Gnnd\ 32404v2 a.~ ... , ..... , ... ,"''\• ........ Y"t ~nu. , ., ... •~ t" I j'/· (). -f , · [pnnted napie J i ., ,NOTARY PUBQ:C m and for the State of ~ . Washmgton resufmg at ~,Yl \/;. My comm1ss1pn'expires ___ _JJJD~,,__,,,u:"'_f_~--',1 '11 ,._.:; -141,,: VI I j"'....,, ........ - ,,~'l'\\\,,11,~ ............... .... 3 2004 20040624001008.005 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me Bnana Kleffner, a smgle woman, to me known to be the md1v1dual descnbed m and who executed the wnhm and foregomg mstrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therem mentioned GIVEN under my band and official seal this _.2,6_ day of fn~ , 2004 O'fam:l!\B.1Da1lyG1md\ 32404v2 4 20040624001008.006 EXHIBIT A LEGAL DESCRIPTION A 56'x108' portmn of the followmg descnbed real property as illustratively shown on Exlnbit B attached hereto That portion of the Southeast Quarter of the Northwest Quarter and of Government Lot 4 m Secllon 18, Township 23 North, Range 5 East, WM, m Kmg County, Washmgton, descnbed as follows Begmnmg at the pomt of mtersecllon of the Westerly margm of the DC Mitchell County Road with the Northerly margm of the City of Seattle Cedar River pipe !me nght of way, Thence North 2°18'49" East 200 02 feet, Thence North 89°51 '11" West parallel with said Northerly margm 2.77 feet to a pomt on the Westerly margm of Ram1er A venue South (State Highway No 5), said margm bemg a 5680.30 foot rad ms curve concave to the West, a radial at said pomt beanng North 89°28'32" West, said pomt bemg the true pomt of begmmng, Thence contmumg North 89°51'11" West 15611 feet, Thence North 6°32'49" East 50 32 feet, Thence North 89°51'11" West 13 68 feet to a pomt 128 40 feet Easterly (as measured along a !me parallel with said Cedar River p1pelme nght of way) from the Easterly margm of 91st Avenue South (Ram1er Boulevard) as located m County Survey No. 197Yz, January 1909, Thence North 6°32'49" East 157 14 feet to the Northwest comer of that tract ofland conveyed by deed recorded under Recordmg No 6469261, Thence South 89°52'13" East along the North !me thereof 144 28 feet to said Westerly margm of Ram1er A venue South (State Highway No 5); Thence Southerly along said Westerly margm an arc distance of 206 24 feet to the true pomt ofbegmnmg. O'FaffcJl\BJDallyGnncfl J240<lv2 5 / O'Fam:11\BJDallyOnod\ 32404v2 / EXHIBITB fl,\ ,...men, II \_ ) ; 6 "'"'= r r:.>.-1.,2,r fl .. S!lll7 I l '-"1111n·- 20040624001008.007 ., 1- = p " o;:;tllll ' • r • RETURN ADDRESS: Fronllor B11nk DLl'lld \ 15305 Main Street NE PO Boi; 700 DUI/rill, WA 98019 !1-II o3 71 JS DATE: December 21, 2007 20071221001246.001 .. j DEED DF TRUST Reference# (it applicable): DUVA XX-8263 Title Order Nq. RT-1116259 .. ddltlonal on page __ Grantor(s): 1. O'FARRELL PROPERTIES, L.L.C. Granteo{s) 1. Frontier Bank 2. Tran:snation Title Company, Trustee Legal Description: PTNS SE 1f4 NW 1/4 STR 18-23-05E TAX LOTS 9011,9082, 9122, 9161, 9120&9012 Additional on page 2 Assessor's Tax Parcel ID#: 182306-9011 (PARCEL A), 182305-9082 (PARCEL B), 182305·91V (PARCEL CJ, 182305-9161 (PARCEL DJ, 182305·9120 (PARCEL EJ, 182305·9012 (PARCEL FJ THIS DEED OF TRUST ls dated December 21, 2007, among O'FARRELL PROPERTIES, L.L.C., a Washington Umitod Uabllity Company, whose addren is P.O. BOX 7603, COVINGTON, WA 98042 INGrantor"l: Frontier Bank, whose maiting address is Duvall, 15305 Main Street NE, PO Box 700, Ouvan, WA 98019 {referred to below sometimes as -Lender" and sometimes as "Be119ficiary"); aRd Transnatlon Title Comp~y. whose mailing 8ddrese: is 601 Unioo Square, Suite 1100, Seattle, WA 98101 (referred to below as "TrustH"). F!I.EO FOR RECORD AT T~E REQUEST OF 1111.~ LandAmerica Dftfoommerdal Sef\lices DEED OF TRUST (Continued) 20071221001246.002 Page 2 CONVEYANCE AND GRANT, For valuable comiderath;m, Gr.antor convev:, 10 Trustee In tru&t wi1h power of HIit, right of 111ncry end poneniot1 end for the benefit of Lender a, Bunalioiary, ell of Gr11ntor's ,ight, title, and interest in end ta the following de1.i:,rib&d real propeny, together with ,1111 exls1!ng or svbsequ~ntly &r!M:1ed or effbcud bvlldiriga, lmprovementll end fixtures; all easements, rights of WBV, and appunemmces; 811 wi:iter, walet rights and ditch right/ii llnc1UOing stock in utiritles with ditch or lrrlget1on rlghtst; end ell Other righU, royalties, and pi:ofits relating to the rra,al property, lncludlng without limitation all mlnarltls, oil, 91111, geothermel end slmllar matters, lthu "Real Property") located in KING County, State of Washington: See Exhibit A, which ia attached to this Deed of Trust and made e part of this De.d of Trust as If fully set forth herein, The Real Property or it& address ls commonly known as 155 & 175 RAINIER AVE S, ANO 188, 196, 176, & 180 HARDIE AV~ SW, RENTON, WA 98056. The Real Property tex Identification numbar Is 182305-9011 (PARCEL A), 162306-9082 (PARCEL BJ, 182305-9122 iPARCEL C), 182305-9161 !PARCEL D), 182306-9120 (PARCEL E), 182305-9012 (PARCEL Fl. Ornmor hereby 11esign::i 11s 11ecurity to Lender, all of Gumtor'a right, title, and int11rest In 11nd to all leases. Rents, 11nd profits of the P~tf. This asalgnment is rocorded in acoor<lence with RCW 66.08.070; the lien creeteo by this 1111l9r1mant is inwldad to be ap11cific, perfected 11nd oho11te upon the recordlflg of thln. Deed of Trwt. Lender grams to Grantor e license 10 collect 1ho fl.enta alld profits, which license may ~ revoked at Lander's 11ption 11nd shall be 11u1ornaticalty revoked upon acceJerotion of all or part of the Indebtedness. THIS DEED OF TRUST, INCLUDINti THI: ASSIGNMENT DF REN1'S AND THE SECURITY fNTJ:RES'I' IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TD SECURE {A) PAYMENT OF 'THE INDEBTEDNESS ,A.NO (S) PERFORMANCE Of ANY ANIJ ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEEO Of TRUST IS GIVEN ANO ACCEPTED ON THE FOLLOWING TERMS: PAVMENT AND PERFOHMANCE. Exoopt 89 otharwlso provided Jn this Deed of Tr~t, Grantor shell l>B~ to Lender all amounts aeourad by this Deed of Trust es they become due, and shall strictly and In II tlm1;tly manner perform ttll of GrantOf'J obligtrtionJ under the No1i;t, this Deed of Trust, and Wt1 Rtll111ed Documents. POSSESSION AND MAINTENANCE -OF THE PROPERTY, Granter agrees that Grantor's poesesslon al\d use of the Property shall be governed by the following provisions: Postn81on ;uid u~. Until thEI occurrence of sn Evellt of Default. Gramor may lH rem11ln In posseasion and control of the P,operry; !2) use, operatB or marnrge the Properly; el"ld (3} collect tha Rents from the Property (this prMJega f• o license from Landur to Gr11nl0< automatically revoked upon default). Tha following prov1Bk>M l'tll&ti.t to the Utoa of !he Pro1tttrtv or to other limitations on the Property. The Rff.l Property ls not ue~ principally for ogrlcultUrel pU<poses. Duty to M11lnl8in. Orontor shell mall'lteln 1hB Property in !enantable condition and promptly perform ell repairs, rep!abomants, 1111d me!menenco riecesuty to pl"eserve Its vlllu11. Nui:nmee, WIISW. Gr11ntor shaR net caws, t:OM!uct or permit any nuisance nor commit. permit, or 1111lter any stripping ol or wute on or 10 1he Property or any portion of the Property. Without Omiting the generality ol the foregoing, G_re111or will not remove, or grant to any othel' party lhe right to l'tlmove, any Umb1;1r, m\nerals (!f\cludlng oil and gn), 00111, clay, scorla, soll, 11r11val or rock products without Lender's prior written consent. RemO\lel of lmprovomems. GrantOI" shall rv::rt demol!sh or remove any Improvements from the Reul P-rop1;1rty without Lender's prior wrlnen consent Aa a condltlon to thu removal ol •nv lmproVl!lments:, Lender may require Gramor to make arrangements satisfactory to Lender to replace auch lmprovernanti.c with Improvements of 11t least eQuel value. lender's Right to Enter, Lender and Lender's agentt and representatives mey ent11r upon the-Reel Propeny at all 1eason11ble time& 10 attend to Lender's Interests and 10 Inspect tho Real ProP9rty for purposes ol Grantor's oornpliance with the term, 1md t:ondltklm1 ot this Deed of Truet. Complfance wltti Governmental Requfi11merrt:.. Gran1or shall promptJ'I' comply, ond shell promptly cause con'lpllllflce by ell agents, te(r801S or o.1har persons or entitles of every nature wh11t11oever who rent, lease w otherwfa& use or OCC\IPY the Property In uny mennar, with ell li,.wa, ordhiances, .and reguletiomr, now or hereefter In effet:t, of all govammentsl {luthorilies appllceble to the use or occ1,1pancy of the Property, includlng wltho1,1t limitation, the Americans With Diubilitlos Act. Gran!Dr mey contest In good faith ony such lt1w. ordinance, or regulation and wi1i1hold oompllance durin9 any procaedlng, includin9 appropriate appeals, so long i,.s Granlor has nollfl11d l'..ander in writing prior to cloing eo antf $0 lOl'IQ es, In lende1' s sole opinion, I.ender's lnterosts in thD Property ure no1 Jeopardb:ed, . Lendel" m11y require Granter to post adaqu.rte seC\Jrity or 9 surety bond, reasonably eat!sfactorv t<> Lender, to p1ot11ct Lander's Interest. Duty 10 Protect. Gr11n10, egreos nelthano ebeMon or feeve unenended the Property. Grentor ,hell do all other acu, In addition 10 thOIIB act& set rorth ebove In thlB secllon, which from lhll cheracler and Ul!e of the Property are rneonebly MCH88ry to prot~t 1:1nd pre.serve the Properly, OUE oN SALE. CONSl:NT BY LENDER. Lender mi:ry, et Lender's op1lon, (A) declare immi:diately due 11ncl pzryable all n1m1i 5ecured by this· Deed of Trust or ta) lncr,11111 the inter,st rate provided for in the Noto or other document evldencll'\9 1ho lndebtednesa end impose sU"Ch other condition& a& Lendar deems 11pproprfate, upon the sllie or tnmsfor, without L.ondtir's· prior written consent, ol all or 11ny pert of the Reel Property, or any intel'est In the R~I Property. A ~sale or transfer• means the conveyance of Reel Property or any right, title or Interest In the Rea.I Property; whether legal, benellci11I or ·equl!able; whether voluntary ot lnvoluritarv; whetMlr by outright sole, deed, insteltmenl sale con1rsct, land contract, contract lor deeci, IBP5ahold interest with a term greeter than three (3) years, ieaae-optiim contract, or by :sele, aul9nmer1t, or m1m1fer of any trenaflcial Interest In or to any land trust holding lltla to the Real Property, or by eny othor method ol corwey11nce of 8(1 lnteresl In tho Reel Propeny. If eny Granter lt e corporalicrn, partnership or Hmlted liab!l!ty company, trsnsfer el10 includes any ctienge in ow!'larshlp of moro than tWentv-tlve percant (25%1 of the votill'il stock. p11rtners.hlp lnt11rests t>I' limited llabl!lty company interests, es the case mey be, of sui:h Grentor. However, this option aMtl not be exarch1'lld by Le11der-ll auch 'ilxBrcise is p1ohlbl1e,;I by federol lew or by Washington taw. TAXES AND LIENS. ":"he tollowlng provision, relatlfl9 to the te:i1es end liens on the Property are pa~ of this D11ed ol Trust: Payment, Grontor shall ~. w:hen due le11d in ,:ill events prior to delinquencyt all 1a:i1es, special taxes, assessments, charr,es (Including water end sewer), fln11s and imp0$itlons levied against or on account of the Property, and 5hall pa•(when ,;lue 1111 t:laims !or work done on or for setvlces rendered or meterlal 1urnl.sh11d to the Property, Grantor DEED OF TRUST (Continued) 20071221001246.003 Page 3 shall maintain Ille Prop11rty fR1e of all liens having priority over or equal to 1h11 lntere5t of Lender under thia Deed of TMt, exeept for the llen of taxes and H&enm11nts not due 1Jnd except 11a otherwise provlded 11'1 this Deea <>f Trust. Right to Contut, Grantor may withhold payment of any till. as-5'ei.sment. or claim in conn11ction with I good faith dispute over the obllg11tion ta pay, 110 long as Lend11r'a interBSt in tha Propeny Is not jeopardized. If II lien 11rls1111 or is tiled aa a reaul1 of I\Onpayment, Grantor &hall within fifteen 1151 d11ys aher the lion 11rls11& or, if a Hen ls filed, within ftnnn (15) days 11tter (Jrantor hae notice of the fifing, secure thti discharge of thi, lien, or ii requestad by Lender, deposit with Lender cash or II aufflcient corpor11te aurety bond or otrnlr security satlsfactr,ny to L1mda, in an amount ,ullh;;h:mt to discharge ~he lien plue anv 00818 ond 11.uotney&' fees. or olher charges that 001,1\d 11ccrue as a result of a lorecloeure or aale 1Jnder the l~n. ln 1iny contest, Grantor shell defend Itself and Lender and shall satisfy 11nv edvi:rse judgment before enforcement against the Property. Granter shall name Lender as an 11ddi\ional obligee \.IOC'ef 11r1y su,ety bond furniah11d in the contust proc1111di11gs. Evidence of Payment. Gr11ntor shell \/!)Im dllm11nd furnish to lender setlsf11c1ory evldam:e of payment of the ta:,,;es or MSesemenH and 1hall 11uthorize the appropriate governmental oUlclal to dellver to Lender et any time a written st1t11ment of tha taxcia ond MSasamenta agaln;t the Property, Noticie of COJIStru~ion. 13rantor 11hall notify Lender n lent flf1een [151 o'l'f6 before any work is commenced, any services are lurnished, or any materillls 11re supplied to the Propenv, if eny mechllnic's lien, materlalmen's lien, or other lien could be .tSHrltld on 11coount of the work, se:rvices, or materlal&. Grantor will upon ruquest ot lender tvrnlsh 10 Lender ;111:lvance ass11r11nces H1'ti$f11otory to l.11ndet that Gtantor can and w;11 pay 1h11 cost of such lmpro\il!lmanta. PROPcRTY DAMAGE INSURANCE, The following provtaiona relating 10 IMuring the Propnrty are a part 1>1 lhis Deed of Trust. M1intooan® of lnllurllffll•, Gr11ntor eheU procure end l'Mllnteln policies of lire Insurance with standard i,xtended coverage endorsemems on " repl11c1ITT1ent besls fclr th1;1 full insutable value CO'o'ering all Improvements on the Real Proporty In an amount sufficient to avoid epplica11on of eny colnsutence clause, and with ,11 st11ndard mortgagee clause in favor or Lander, Grantor shll.11 also procure and m11intaln comprehensiYe 9BOeral lla'bllity Insurance in s1.1ch cover11911 11moun11 es Lender ffii1Y request With Tru8t1a1e and lander being named os tlddltlonal insureds in such llabillty lnsuranc11 pollclea. Addltlonal!y, Gramor eh•II maintain such other Insurance, lncli.idin9 but net llrn!wd to hazord, b1,!Sin&S& intarrup,lon, and bcHar Insurance, 110:, Lender may reasonably require. Policies shell be written in form, 11m01.1nts, coven1gee and bllsia re11aonably acceptable to lllnder and issued by II company or companies r11eaon11bly 11ccept11blai to Lender. Grentor, ui:,on r111quB'!1t ol Lender, win dellv&r to Lender from tlrne to time the polloies or certificates of insurence in form satill111!ltory to landet, illCludlng 5tlpuletions th11t ooveregea wUt not be cancelled or diminished without et leut thirty !301 dsy1 prior wrinen notice to Lender, Eech insurance pollcy also shall Include 110 11ndorsam11n1 providing that coverage in favot of Lender will not bEI lmpalrett In eny way by any eict, ornissbn or <:lefeull of Grantor or any other petBon. SholAd the Reel Ptoperty be lccetad In an srea deelgneted by thi, Director of the Federal Emergency Man~ement Agency aa a speci11I flood hnard ere,, Grentor egreee to obtain and maintain Fttderal Flood IMurenoe, if evetl11ble, within 4-5 di,ye after notice ts given by Lender that the Proparty Is located in a special flood ln1zard area, to, the full unpilid principal balance oi the loan 11nd any prior liens on tho property securing the 1011n, up to thli ma:dmum pollcy lirnite set under tha N&tiOJlel Flood Insurance Pro9mm, or u otherwise roquired by Lender, and 10 rns!nteln such insur,11nce tor the term of 1h& loan. Application of Proce11da. Orantor ehaM promptly notify Lender of anv loss or damag11 to the Property. Lend11r may muke!J pr'OOf of loin; lf Grentor lells to do so within tlheen \151 days of Iha cesusttv. Wh&ther or not lender's security Is impaired, Lende1 may, at Lender':, electlon, reeelve and rntoln the prooe&da of eny lnsurenc1:1 and apply the riroceed& lo the reduction of the lndebtadnes,, payment of any lien affecting the P,operty, or the restoration and repair of the Propitrty. If L,ndar el1?cta to apply tha procea<fs to reetor11tion and repair, Grantor ah11II re,pair or raplecEI tha damnged or d8SUOV111d Improvements in II m11t1ner aatlsfac:tory to Lender. lender shall, upon aatlsfactotY i:,root of such expenditure, pay or reimbur5e Orantor from the proceeds fof tho reasoooble <:ost ol rap11ir or restoraclon lf Grantor is not in df:fllult under t!iie Deed of Trust. Any proceode which h11ve not beeo dlsbul"!lad within 180 days efter their rocelpl and which Lender has not comrnl1ted to the l'flj)llir or restoration of the Propeny shall be uHd first to PDY 11ny amoum owing to lender under this Deed of Trus;t, then 10 pay accrued lnter11st, and tho remainder, if any, shall b11 appK11d to the princil)81 bal11nca Ill the Indebtedness. U I.ender holds any proceeds aftet paymenr In full of the lndebt&dness;, such proceeds ,hell ba l)llkl without interEtSt 10 Gr11ntor as Grenwr'a interests may 11pP11ar. Gr11nt11r'111 R1;1port on Insurance. Upon requHt of L1mder, hOwtiliElr not mo111' than or.ce a year, Grantor shel furnish to Londer e report on each existing policy of int11Jfl1r1Ce showing: (1) the name Qf the insurer; 121 the rlsQ Insured; !31 tho amount of tha porioy; [4) the property ins1.1red, the then current replacement value of auch property, and tt1II marw,r of dote,mining that value: end (5) tile expiration date of the policy. Qrantor ah:811, upon request of L11nlfer, twive on independent appraiser satisfeotory to Lander determine the cash v.elue replacement cost of the Property. LENDER'S EXPENPITUl{ES. If any action or prooeedin9 is commenced th~ would m11Wielly effect Lender's Interest ln the Property or II Grentor falls 10 comply with any prolilslon of this Deed of Trust or any Related Documentll, including but not llmlted to Grantor's failure to dl11ohllrge o, pay when due env amoun111 Granter ls required IO dlechqrge or pay under this Oel.ld of Trust or any fleleted Documents, LBnd8f on Grantor's behalf may tbut 6hall not Ile obligated to} lake any action that lender i;tee11111 11pp1oprl11te, Including but not limited to dlschar9in9 or paying all taxea, liens, secuJity lntera11a, 1111cumbf'ances and othar claims, at any time levied or placed on tha Property ond p11ying atl costs for Insuring, maintaining end preservin9 the Property, All auch expendl1ures incurred or poid by lander tor such purposes will than t,ear intereat at the rate oh11rg1ld under the Not1:1 from 1he data incurred or paid by Lender to the date of repayment by Ora11tor. All such aii.penaes will became a p111\ cf (he lndebtednns 11nd, at Lender'e option, wll! [At be payable on demand; IB) ba added to the balance of the Note and be apportione<I among and bo payable with any inandlment paymen111 tQ become due during eithi,r 111 the terrn of any 11ppllcabfe Insurance policy; i;:,r (2) the remaining term ol t~ Noter or (Cl be tr1111ted IIS·P balloon payment which wi~ be Cfvo and payable at ihe Not1;1'1:1 msturhy, The De11d of Troot el.so will sKure payment of these emounte, Such right shall be In acldi(icn to 1111 other rightll and remedl'iS to which Lender mey be entltted upon Default. WARRANTY: OEA:NSE OF mLE, The following provision, relating to ownership of the Property ara a pert of !his Deed of nu,n: . Titlo. Granter warrant3 tho.t: !al Gran(or hold1 good and m11rketebla tl11o of record to the Properly In fee 11imple, free end c1aar of all lhm1 and encumbrnnces othet than lho$11 set forth In the Real Property descr!p!lon or ln any title in,unmce policy, title report, or llnol tltle opinion issued in levor of, 11nd accapted by, Lender in connection with"this Dfled of Trll.5t, and {bl Qramor has tha full right, power, end authority to execute and deliver this Oei,d of Trus~ to Lender, · Defi,nse or Title. Subject to the exc11p1ion in the l)OraQreph above, G,antor warranta and will forever delend thti DEED OF TRUST (Continued) 20071221001246.004 Page 4 titre to the Properlv .against tho lawfyl cl11ims of all persons. In the e"':l!lt any action or procaedin~ is oommencecl that questhms Grantor's t~!e or tho lnt8ru$t of Trustee 01 Lend,r um:ier this Deed of Trust, Grantor shell defend the action al Grimtor's exJ)el'ISe. Grantor may b8 the nominal party In such proceeding, but \..ender srnll\ be entitled to participate in tho proceeding and to be raprHenled ITT tl'.e proceeding by counsel of Lender's own choice, and Granter wm d&Dver, or c11we to be dellvon1d, to lender such llls1ruments 11s Lender may request from time to time to permit .such p11rticipation, Col"(lpllanue WJth Law.s. Grol9ntor warrants that 11'18; Property 81\d Gremor's u&t'I of the Propeny complies with all exl&ting eppllcablo 1nwe, ordinance$, al'ld reg\llatlona of 9ovemmentel authorities. Survival or R•PfG~unbrtions end Wam1nt1n, A~ repre1111n1ation&, warranties, 11rxl agreements made by Grantor In thla Deed of Trutit shall survive the eJCtCLJtlon and delivery of thia Deed of Trust, shall be continuing in natwci, and shalt remaln in NU force and effect untll such tim<J 11s Grantor's: Indebtedness .shall be paid in full, COND1:MNATION. The following provls1oM relating to condemnation proceedings ere e part of 1hh• Deed of Trust: Praceeding1, If any p!"Oileeding In condemn8'1Dfl b; filed, Cranto1 eheQ promptly notify Lander In writing, and Gnmtor shall promptly tekci such alep& OB may be nec11saarv to defend the ection end obtain 1he award. Gu1nt0i' mav be the nominal peirty in such procee<ling, bLJt Lender shall be entitled to participate in the proceeding end to be rapressnted in !he proceeding by eounfel of its own choice an at Grantor's expense, end Grantor wlll deliver or caui;e to be delivered to lender such Jruitruments ern;I doc1,111entatlon as may be rciquestad by Lender from time to time to pi,rmlt suet, perticlpath;in. AppUtation of Net PRtceods. If all or any part of the Property le condomned by emln~ domain proct1edings or by any proceecflng or purcha,e in li&ll of condemmitlon, Lender mey at its electh:m require lhllt ell or MY pQrtion of ths net proeeeda ol tha awerd be 11pptied to tl\e fndebtednuu or the repair or re1toration of 1he Property. Thu net proceeds of 11'18 oward ahaH mean the ewerd a~er p1ym11l'lt of ell reasonable co11te, BXpt!Jl&H, and ;;,ttorneys' fees incurred by Truste-e or Lenc:llill" In connection with the condenmetion. lMPOSmON CF IAXES, FEES l\ND CHARGES. BY GOVERNMl:NYAI. AUTHORITIES. ltie following proVislons relating to governmental teXff.. fees end charges ere a part ol th[s Deed ol rrust: Current Taxes, Fns and Charges, Upl)f'I «1CJU88t by Lender, Grantor sllell el(ecut1;1 11uch dm:umeria ln addition 10 this: Deed of Trust and taka Whatever other action la raqucst!W by U,l'lder to perfect end continue Lender's lien on the Real Property. Orantor ehal! reimbUree Lender for all t11xe1, as described below, together with all i,xp<1naea incurred In recording, perfec,ing or coritinuing this Deed of Truet, including without limltation eQ tID<es, feee, d1Jeumentary stampa, end other ohargef tor recotdfng or regl$t1;1rln9 this Deeei of Trust. Taxi,,. Tl1& lollOWlng shall conatlt\Jtll taxes to which this: aection 11pplie.s: m B apaolfio tltX u~on thla type ol Daed of Ttust or upon 1111 or any pnrt of the Indebtedness eeoured by thl5 Deed ol Trust; (2) 11 specific tax on Gra,\lor which Grsntor i$ alJthorlz..ed or reQulred to deduct from payments on the lndeb111dness sscured by thia type ol Deed of Trust; (3) a tlll< on !his type of Deed ot Truet chargeable against the Lender or the holdar of the Note: and (41 11 Gpeclf10 teK on 1111 or any portion of tile lndebtedneee or on p11ymente ol principal and intarest made by Gn1ritor. SubHql,ffnt Taxes, If any ux to which this aectlon apples 11:i enac1ed subsequent to the date ot this Deed of Tru.~t. thls ovent shall h11va the eemo effet1 as an Event of Default, and Len®r may &xetel48 any or ,,111 of its evailo.ble remedies for tm Event of Dehult 1111 provided below unl6SB Grentor either t 1) peye the tax befol'e it becomee delinquont, or 121 contelilttil d\8 tax es provided .ibove in the TaKes end Liens St1ctioo and depo!ite with Lander cash or a sufficient corporate eurcty bond or mher security sa1lsfectory to Lender. SECURITY AGRE;EMENT; FINANCING STATEMENTS. The lollowlng provisions relating to this Deed ol Trust as 11 eecurlty agraemGflt ara a part of this Deed of Trust: Security Agreamem. This. lnwument •hall constitute a Security Agreemem to the extent ariy or the Property constitlates fixturi,s, and Lender ehall hBV& all of the rights of El securi,d pzirty und&r the Uniform Commwrciel Code es amended rrom time to time. SoCYtitV lntorfft, Upon request by Lender, Grantor shall take whatevK action is requested hy Lender 10 perfect aOO oontifll.lD Lender's security ilterest In the RMlts and Personal Ptoperty, tn addition to recording this Deed of irust In the real .propurtv 1ecmds, Lendor moy, at any time and without further authorization rrom Gr,ntor, 1ile cixeeutad counterparts, coplell -or reproductions ot 1Ns Deed ot Trust H a flr,encing stateITT1;1nt. Grentor shell rt1imb\Jrse Lo11dt1r for all ex,:iensn Incurred io psrt&etlng or continuing this security !niereet. Upon default. Orantor shan no, removi,, Stiver or deuich the Personal Property from the Property. Upon default, Grentor shall assemble any Personal Propi,rty not atti:,ced to th& Property In a mariner 11nd at a place raesonebly convenlent to Grantor end Lender en<f m11ke it available to Lendor within three (31 doys after receipt o1 written demar.Ci from L1;1nder to the 111<18/lt pi,rmlned by appliceble law. Addru,11. lhe mellln9 addreneis of Grantor (di,btor) end Lander !secured party) from which inlorm111ion concemJng the eocurlty lntorest granted by this Dead ot Trust mey be obtelned Jeech as required by the Unlfonn Commercial Code). ere aa stat1;1d on the first page of this Deed of Trust. FURTHER ASSURANCES: ATTORNEY-IN·FACT. The followlng provisions 1elotlng to further assvrances and attorney:in-reci Bra a pert of this Deed of Trust: Further A11eurance11. At any time, and from time to time, 1.1pon requeat ol Lender. Grantor wUI make, 011:eCute and deliver, 01 wfll cawie to be made, aKBCulOd or delivered, lo Lander or to Lend&r's deslgnee, and when requesCed by Lender. ceuae co be filed, r11corded, refiled. or rt1recoteied, as the case may be, at uuch times and in such offices end places as Lander may deem appropriate, any and aY G\lch morlgagee, deeds of trui;;t, seeurity deed!. security e{l(flemen1s, fimmcing statements, contit1uatlon etataments, insttuments ol furth11r assurance, certificates, end other documents lls mey, in the sole opinion ol l1md&r, bit necessary or desfr11bl11 In order ID etfecwa\8, complete, perf.ict, continue, or preserve HI Grantor's obli911t1ons und1;1r the Note, this Deed of Trua.t, end 1he Relal8d D0oumon1a, and 12} the liens end security lntarast, created by thle Deed ol Truat III first and prior liens on dui PfOP'!rtv, whether now owned or l\er&afler ei;,qWred by Grsntor. Unteas pfohib!11td by Jew or Lt1ndilr agrees to the contrary In wrltii,9, OrantOI" shall relmburea lander fol all cosu and expense! incurred In connection with 1h11 metten. roferrad to in this paragraph. Attomey-fn-Faut. If Gnntor 11111, to do any of the things referred ro In dw pr11cedln11 patagraph, Lender may do so !or nnd In th1;1 name of Orantor and et Grantor's expense. For such purl)D$es, Grantor hereby Ulevocablv appotnte Lendl;lf n Grentot' s euomey-in•fat:t for the purpose of making, execu1ing, d1;1livering, filing, recording, and doing ~II other lhlri99 BB may be neoessery or desirable, ln Lander'a sole, opinion, 10 acoompUsh the mstt1;1ra referred to In the preceding paragr11ph. FULL PEflFORMAliCE. If Gran,or pays en the lndebtednen when due, and otherwise performs ell the obllga1iofl4 Imposed · upon Granter under this Deed ot Trust, Lender shall execute ond dolfvar to Truatee n roquest for lull DEED OF TRUST (Continued) 20071221001246.005 Page 5 rix:onv11y11.nce encl sholl C)(CICute and deliver 10 Granter sult11ble statements of termination of 11r,y finencirig stutemerit on Ille evidenoJng Lender's security lnteraet in the Rent, and the Pur1onel Property. Any reconvey11nca fi,e shell bo paid by Grunter, it.permlttud by eppUoeble law. The grltfltee in 11ny reconveyence may be dHcribed as the "person or persons legally entiflad thereto•, and 1ho moltelll In !he reconveyence of any matters or facts 11h111t be conc!1JSive proof of the truthfu!nen of any such meltef$ or fem, EVENTS OF DEFAULT. E11Ch of the folloWing, et Lender's option, Shall constllute an Event of Default under this De~ of Tnist: Peymont Dufault. Grantor fai1s to make any payment when due under the lndabteclni:ss, 01t10r Default&, Gran1or falls to com))ly with or to perform any other term, obligation, coven.ant or condhion contained iri thi8 Deed ot Trust er in &rrf of the Related OoC1Jment1 or to comply with er to perfoim env term, oblig11tlon, oovenan1 or condition COJ1t11incd in eny other ag'""rn11nt between Lender end Grantor. CClmpHanCD Dabult, Fflilur111 10 i:omply with 1my other term. obligation. coven11nl or condition ci;,ntained in this Deed of Trust, the Noto or in any of the R11km11;I Oocum11~1a. Clffauh on Other Paymenta. Failure of Gran1or wlthln thll time requir11d by this Deed of Trust to make any payment !or taxea i;,r lm;ur;ince, or eny other payment n11~aury 111 prewn1 filing ol or to effect discharge o1 any Hen. PD"fauh In Favor of Third Parde,;, Should Grantor dafaull under any loan, GJ<tensioo of ctedit, aecurity agreement, purchase or seleo agreement, or anv other agreement, in favor of any other credlll)r or penstltl thst may materially 111ffect any of Grantor's property or Grantor's abNity to repay the lndebteonen or perlorm their reepecttve Clb!lgations La'ldtr th!s Dead of Tru~1 or any of the Related Oocllments. Falso Statement&, Any warranty, repro11entmion or statement made or lurnlahed to Lt1ncler by G1antor or on Grantor's behall UI1der this Deed of Trust or the Aoleted Documents Is false, or misleading In pny materlal respect, either now or et the time ml!de or tum~lled or becomas fal5e or misleading at any time theroofttr. OefectlVG Collllternlh:otlon. This Deed 01 Trust or any Qf the Related Documanta ceaset: 10 be In lull force and effect (tnnludlng fallura of any collaterel document to cre11te l!I valid end perfected security intere&l or li11n) at Jiny tlmu end for .any reason. lnsofvency. Thti diis11ohltlon or tem,lnation of Grantor's &llhltence 1111 a going business, tha Insolvency of Qr~mtor, the appointment of a recelv11r for any pert of Grantor'11 proJ)Qrty, 1nY ll!leignment lor the be~fit o1 creditors, any type :Cf cteditor --vorkout, or the commencemont ol any proceeding under any bankruP1cy or JnsQlvency laws by or against Ol'l!lntor. Creditor Of forfeiture Proceedings. Commencement of foreclosure or forfeitture proceedlnga, whelher by Juliclal ptocooding, s11lf-help, repossession or any other methCld, by onv creditor of Granter or by any governmental a;ency against ~my pri;,porty securing the lndobtedneH. This includes e garnishment of any cl Grantor's accounts, l11ChJdtng i:teposit a<:counta, with lender. However, thl& EvEint of Default shell not apply if there i$ a good faith dbpute bV Grentor 1111 to the validity or rea11onableness of the oluim which Is the ba,li; o1 tha creditor or forfeiture proce11ding .at\d if Grantor give!I Lender -written notice of the Cfl.ldltor or forfeiture proceeding end <1eposh;11 with Lendi:r monies or a eurtity bond tot the cred!tQr or forfeiture proceeding, i11 an t1mount <l9tefmlned by lel'.Qn, in Its aole dscre1i0n, as being llfl adequate reseNe or bond fot the dispute. Bre:ach of OtlllM' Agreemem:, Any breilch by Orentor under the terme of any oth!Jr agreement belwtan Gr1:1ntor and Lendor that is not rem11died wilhin any g1ac11 period pro11lded therBln, Including without limitetlol1 any agreement corn:erning any Indebtedness or other obligation ot Grantor to Lender, whether existing now QI later. Events Affecting Guan1ntor. Arr, of the preceding; events occuns wilh respect to eny Guerentor of any of the \ndobtedness or any G1.111rantor die.s or becom11s incompetent, or revokes or disputes the velklity of, or li11bility undor, env Guaranty ol the lndebtednen, Adven;e C'111nga·. A material adverse change oocurG In Gramor'e flmmciel condition, or Lender believes the prospect of payment or performam:e of the Indebtedness is imp11lred. R~ to Cura. II 11ny de1iiult, other Chan a default In payment Is curable end if Grantor has oot bean given a notice of a br~1;1ch of the same provfalon at thls Deed of Trust within the precedingi twelve !12) months, It may be cured ii G1smor, aft~ receiving wr!tton no.llOe from Lender demanding cure of such default: 111 i;;ures the default within tan llOl dar-,i; or (2i if tile cure requires more than ttln (10) days, lmmed~tely initiates steps which lender d&eme In lander's 5ola discretion to tie sufficient to cure UUJ del11ult 11nd thar111;1ft11r continues an-;1 comple1e11 all re;i.soneble and necenorv eteps sufflc1ont to produce compliance us soon u rea1onably practical, RJGHTS AND REMEDIES ON DEFAULT. ft an Event of D11fault Clcour,: under this Deed of Trust, at eny tim& !hereafter, Trustee or lender may exercise an,; one or more or tht following rights and remedies: Ehiotkm of Rern11dia,. Election by ~ender to pursue any remedy shen oot allclude pursuit or ooy either remedy, end an olec1ion to make expenditures or tCI take action to perform en obligation ot Grantor urnter this Daed ot Tru5t, after Grantor's failure 10 perform, &h~l1 nClt affect lender's right lo declare a default and exerclH ils mnedles. Accelerate lndabtactnen. lan<iar ah11H have the right 11t its option to decl11r11 1he entire Indebtedness Immediately due ond payable, including Ori)'. prepayment pem.lty Which Granter would 1:10 required to pay. Foroclosura. With respect 10 all or any part of tne Real Property, the Trus1ao sh.ell have tho right to exercise lts power of sale and to foreclose by notioe and sale, 11nd lender shell hove the right to foreclose by )udlcinl foreclosure, in either CPH in accordance with pnd to the fUll eKtent provided by eppliceble law. UCC Remedlea. Wl1h respact to all or nny part of the Peraonal Property, lender shell have ell the rfghtu and remedies: o! a ae-oured peny under the Unllorm Commercial Code. Colloct Rent,. lender slloll have \ha right, without notice to Grantur to take poSSeHion of and menage the Property end collect the Rents, Including amounte past due eno unpaid, end eppfY the rnst proet1eds, over end above landai's costs, ogelmt the lodebt&dn81iS, Jn f1.1nhlrance, ol !his right, Lender mav require a11y teMnt or other user of the Property to make payments of rant or use fees directly to Lender. It the Rent, art1 collected by lender, thlln Granto, Irrevocably designate$ l-111ndtir n Grantor's attorney-In-fact to endorne Instrument• received In payment thereof In the neme of Grantor end to negotiate the same 1md collect the proceeds. Pavmants by tenants or othar usets to lender In response to Lender's demel'ld shell satisfy the obligation$ for which tha payments ore made, whether 01 not any proper grO\lnds fl)r the demand e:idsted. Lender mey exercise its rights under 1his .subparagraph either In person, by agent, or through a receiver. ApJicilnt RKelvcw, lender lihall hava !ha right to have e receiver ai:,polnted 10 lake possession of all or any pert of the Property, wilh 1hu poWer.'to protai:t end preservo Iha Pwperty, tCI operate the Property p,eeedlng or pending foreclosure or sale, end to collecl the Renn from the Propa11Y and apply the proceeds, over and above the cciit o1 the receivership, against the Indebtedness, The recelvar mey serve withoul bond It perrni11ed by law. Lender's DEED OF TRUST !Continued) 20071221001246.006 Page 6 1lgl)t to the 8J)polntment of II re~Jver shall exist whe-ther or not the· app11rent value of the Prop11rty e>cceeds the Indebtedness by 21 substantlal amount, mplQyment by Lender shall not dlsquelify II penon from $&rving as a receiver. Tenancy irt Suffmmce. If Grantor remains in pouesslon of tho Pro~rty after the Proper1y is oold u provided 11bove or Lender otherwise becomes entitled to ponesaiort of the Property upon default of Grnntor, Granter shell become e t8flant et suff11r1mco of Lender or lhe p-.irchaser of the Prol)llrty arid stffltl. et Lendar's option, either (1) pay a reasonable rental for the use of the Propeny, or 121 vzuaate the Property lmmedletely upon thtl demand of Lender. Olfulf RemudlOII. Trustee or Lemter i;hall haw eny oth8r right or remedy provided In thHI Deed of Trust or the Note or available at law or In e~ulty, Notlee of Sale. Lender sliell !iJlve Gr11nto1 reasonable notice of the lime and pl11ce of any public sale of the Pereonal Ptopeny or ot ll'le time alter which any private sale or other intend&II dlsposltlori of the Personal Property 15 to be made. Reasonable notice shell mHn llO'l\H given at least ten (101 de'(!l betwe the lime of the seJe or dispoi:;itioo. Any Hie of !he Per,onal Proper1v may be made In conj1,a1ction With sny ufe of the Real Prop13rty, Sale of the Pro,,vrty. To the extent permitted by epplicuble law, Granto, heruby waives any end ell rights to have the Pl'Oparly menah11ll8d. ln exorclelng Its rights 1md remedies, the Trustee or Lender sh11II be free to sell ,11 or any part of the Property togethor or sepamely, In one sale or by aeperete sales, lender shell be entl1led to bid at any public sale on ell or any portion of the Property. Attomey1' Ft1111; Experue,. If Lender lostltulea any auit or action to enforce any of tho terms of this Deed of TrU$t, Limder ahell be entitled to rei:OVilr such eum 11& the court ,rniy adjud;e nlllllOf'lBble es attomoys' feeo, et ~rial and ul)On arlf appeal. l/oi'heth11r or not any oourt action is Involved, end to the extent not prohibited by lew, all reat-oneble e,;pensea Lender incurs 1ha1 in Lender's opb,lon are necessary at any Ome tor tl'IB protection ot lts lnterost or the enforcement of It, r.ighta shell become a part of the Indebtedness payable on demand end shall beer interost 11t the Note rate from lhe detB of the expenditure umll repaid. Expensu covered by this paragraph lnolude. without limitation, however subject to any llml1S under applic11ble law, Lender's sttorneys' fees Bnd Lender's legal eii;panses, whether or not thBre I:, D lawsuit, Including attorneys' leea end expensH tor bankruptcy procee<1ings Hncluding '8l1orts to modify or vocate any automatic stay or lnjUJ1ctlonL appeals, end any anticipated posl-Jui;lgment co~ection aorvi~s. the coat ol searching recorda, obtelnlng title reports linclud!ng 1orec!osl)l'e repom!. surveyore' reports, and .appraisal teee, title Insurance, 1111d ftae for the Trust11e, to the extent permitted by eppl!c11ble law. Otar.tor al&o will pay any court costs, In 1:1ddition to en ollm sums provldad by law. R1Whtll of Tnarte., Trus1eo uh all have all of the righti and duties of Lender 05 ,et forth 1n this HC11on. POWERS ANO OBLIGATIONS CF TRUSTEE. The followlng provisions relating 10 the powers 1111d obligations of Tfuatee [pU1111u1111I to Lender's in,tructlonsJ ore part gf thl; Deed of Trust: POWOfl cl TrustM, In 11ddltlo,; to all powers of Trust1.111 erl1lng 110 a metter of law, Trustee shall haw the power to tako the fonowlng ac;itlona with respect to the Properw tJPOn the written request of Lender and Grantor: lal join In preparing and fl6ng e map or plat ol the Real Property, Including the dedlcalioi'I ot 11trae1s or o1her rights to the public: (bl Join in 91antlng any eeeeme11t or creating any restriction on the Real PrOJ)erly; and !a) join In any eubordlneliofl er Olher agreement 11llectlng thll Deed ot Trust or the Jnte,e:.t of Lender under this DE:IXI ot Trust. Obllgriar,; to NoUfy, Trustee &hell not be obligated to notify any other petty of a pending sale under any other tr1,111,t deed or lien, or of any action or proceeding In which Grontor, Lender, or Trustee shall be II party, unless r@Q,Ullli!d by applicable law. or unless tt111 action or proceeding ls brought by Trustee. Trusnre, Trust~.sh811 meet ell quallfloatlons reQulr11d for Trunee under applicDble Jaw. In ecktltlon to the rights and remedles Ht lorth above, with respect to all or any parl of the Property, the Trustee sh!III have the rlghl to foracloee by notice and sakt, 11nd Lendor shall have the right to foreclose by Judicial forecfOsure, In either c11se in 11coord11nce with end to lhe fuH extent provided by appllceble law. Si,c:ceuor Tniswu. Lender, et Lender's option, may from tim1t to time eppolnt a successor Trustell 10 any Trustee appointed unde( thla Deed of Trust by an instrument execU1ed and ecknowled9ed by Lender and «icord&d lo the office of tho recorder cf KING County, State of WHhlngton. The instrument shall contain, In IJ;ddi1lon to 1111 other manors requlr81l by state law, the namos of the orlglnal Lendes. T<usteie, ond G1an1or, the book end p,age or the Auditor's fl!e Number where this O<iud cf Truet i:s record&d, and the name and address of toe ,uccesaor trustee. and the ~&trLJment sl\e!l bo executed and acknowlodged by Lender or Ill euoaessora In lnterHt. The auccei.sor trl,IStee, without conveyance of the Property, ahall succeed W 1111 the title, power, end dutfe.t eonlsrred upon tM TNStae in this Deed of TtU&t ond by 11ppllcabl11 tew. Thill prooedure for subathutlon of Trustee shall govern to the excluslon ol all othor provisions for substitution. NOTICES. Subject to eppllcable l1:1w, 1100 except for notlca reqUlred or allowed by low to be given In another manner, any noticit required to be given under thia Deed of Trt.1st, lncludfng wlthoU1 llmitstlon any notice of de1eult and any notice of eale shall be given In writing, and shall be eftective when actually delivered, when actually ,ecarved by telefaasin'lile (unlen otherwise raqulred by law), whan depo<ed with a nationally r<!ltognlzed overnight courier, or, ii mailed, when deposltod in the United Statn mall, aa lits! cla111, certified or registered mall postage prepaid, directed to th11 ed'drHses 11-oown near tl'IB buglflnlno of this De.ct of rrUQt. All copl811 ol notlcas ol foreclosure frorn the holder of a.ny Ihm which h11,. priority over th!s Deed of Trust ehall be sent to Lander's 11ddm11e, a11 shown near the be-ginning of thl11 De~ ol Tru5t, Any party mey change its eddrc38 tot notlC41a under this D1111d of Trust by glvlng formal written notice to lhe other parties, specifying lhat 1h11 pul"l)ose ot th!> notice is to chango the party's addreu. For notice purposes, Orantw egrees to keep Lender Informed 8t 1111 tlmn of Grantor's: CtJtrant eddrHG. St1bject to applicable law, and ex1.0l)l for 11otk11 T11qulred Of flllowed by law to;, be given in 11nother manner, If 1her11 Is more th8n one Gran!or. any notice 9iv1;1n by lender to any Gr;mror la deemed to QC notice given to all Gran!ora. MISCELLANEOUS PROVISIONS, Tha following miscellaneous provisions are a pert of thl$ Dead of Tru:.t: Amandmentll, This Deed of Trust, 1age1her wllh any Related Oocumaflle, conetltules th1:1 entire underatanding and egr<lam,nt of the ~rtias 1111 to the metters &et forth In thle Deed of TrU&t. No aheratlon of or amendment to this Deed ol Trust ehall be 11ffectlvo unless given ln writing end signed by the pony or parties sou"ht to be chsrged or bound by 1h11 11lt8rsuon or amendment. Annti•l Reports. · 1t the pfOparty la used lor p\Jrposes other than Graotor'5 residence, Grantor shall furnish to tandar, upon raquest, 11 certified s1111emen1 of net openitlng: Income received from the Prol)Qrty duririg Grantor's' pre"1ous fiscal year in such form and delall 113 Lender ahall require. "Nat operating Income• shall mean ell cash receipts from lhe Property ten 1111 cash eKpenditures made in connec11Qn with the operation of lhe Property. Captioo He~dlng5. C1:1pt!on hQ-1:1dlngs i~. 1hla Oaatf of Trust ere for convenlenca purposes only and are not to be u5ed· to Interpret or define the ruovlsions Qf 1hls Deed oi T,ust. Marg"er. There shall be no merger ol the Interest or estolo 1.reeted by thl!i Doed of Trust wilh any other Interest or DEED OF TRUST (Continued) 20071221001246.007 Page 7 est11te In the Property st nny time held by or tor me benefit of Lend11r In any capacity, without the written conHnt of Lender, Governing law. This Dead of Trust will be governed by fed&ral law appliceble to Lender and, t:o th& extent not p,eompted tty todoral law, tho laws of the State of W1tshlngtan without regerd to it8 conflio11 of law provl8i0fll, Th11 Dnd of Tru1t hllll been 110Hpted by L&l'ldar in the Stlltu of W1H-hlngton, Chi:,!Ce of V111'1ue. If there la a lew&utt, Grentor agrees upon l.ender'8 requnt to 1oubml1 to the jurb<lict\on of Iha courl:s of King Counw, State of W11shington. No W,tw,. by Lendlll". Lender shll!I rwl be deemed to h~a waived any rights under lhls Deed of Trust unlna eucll wel·,er is given in writing and Signed by Lend11r. No del11y or omission on the part ot lender ln o>U1rcislng any right ahall opereto as a w"1v1;1r of such ri¢'t or any other right. A waiver by Lender of a provision of thls Deed of Trust ehell not preJucliQe or «instltLr1o II walvr;iar of Lender's right otherwise to demend strict compliance wfth thet Ptovision or any othor provis-ion ot this Oeed of 'frust. No prior walv11r by Lend11r, nor any course of dealing between Lend,r and CJrentor, shell cona1itl.11e e waiver of any of Li:inder'li rlgh1s or of any of Grentor's ob!lgetlona es to any future tref'l8actlonG. V\/'henev1:1r the consent of Lender i8 r11quired under this Deed of Truet. the gtantlng of 11uch conaent by lender in 1111y ins1ance shall not constllute wntlnuing consent 10 subaequent il'l8t11nc:es wher11 euch ctmsem Is required and in all ceaes such consent may be grant1:1d or wlthheld In the &ole discretion of le rider. Sevarablllty. II e court of compeu,nt j1Jrlsdlctlon finds eriy provialon of this Deed of Trust to b, illegal, invalid, or uneritorceal:A8 H to eny olroumBtllflce, the! llndb1g ,tiell no! make !he offending provl$ion illegal, invalid, or unentorcoabki H to anv othelr citcumstance •. If fi:lasible, the offending provision shall be considered modified so that lt becomes leilal, valid ,md enforceable. If the offending provialon cannot be so modl1i\ld, I! srn!ll be considered deleted from this Deed of TrU8t, Unle,s otherwise required by lew, the llle911llty, Invalidity, or u11enforcaablllty of any p~vision of thia Deed of Trust shall not affect the lagaHty, validity or enforc:e11b16ty of any othet provlJ!on of this Oeed of Trust. S\lec:11111ct'lll and Aeslgna. Subject lo 1iny lirnltetions s1e1sd in this Oeed of Trust on tri:meler of Grantor's Interest. th!$ ~eel of Trust shell be binding upon end Inure to the benefit ot tho p11rtles, their auccessora and enigns. If ow~n1hlp of ttie f'roperty becomes veetod In a person other than Grentor. Lender, without no1ic<:1 to Grentor. mey deal wltlt Grantor's i;uccesi:ors with referenc8 to this Deed of Trust end the lndebtedn&$1 by way of forbeeranoo or extension without releeelng Gran1or from the obtigulone of this Deed ol Trust 01 nabill1Y under the lndabtedness. Tfmo· la of the Enence. Time ls of the essence In the J)Elrform,mce of thla Deed of Trust. WaiY'llr of Homntead Exemption, GrentOf' hereby releaees end waives alt rights and benerlts of Ille homoGteod ekemptlon laws of tht State of WMhinglon as to all lndsbtedmJss secured by this D,,;iud of Trurst. DEANITIONS. ThO tollowlng capitalized word, and tennrs aha11 have the followlng meanlrige when used In this Deed ol Tr\1111. Unions ,pecificelly ste111d to the contrery, all references to dollar amounts shell mean amounts in lawful money of the United StatH of America. Word& encl terms used in the slnguler &hal includ11 the plutel, and the plural shall include th& singular, as the r::ontekl may r11quire. Words end term, nol otherwise defiMd In this Deed of Trust shell ha.v1:1 the meanings attributed to such retme In the Unlrorm Cornm11rcial Code: Berwfl~leJy. The WOid "Beneficiary" means Frontkir Benk., and It• succaHOf'V snd assigns. Borrnwlilr. rhe word "Borrower• ma8f19 O'FARREll PROPERTIES, l.l.C. and inoll.Jdes atl co·slgner9 and co-makers signing the NiJle and aU their wuccessors ern:I assigns. Deed of l'n.m. The wonts "Deed of Tru81" mean this Deed of Trust amor1g Grentor, Lendur, and Trustee, and lncludd withoul -limitation ell uslgnmenl and HCUl'ity ln1erast provLslon:ii reletin'il to the Personal Property and Aenm. DefPuh, The word "Oefault" means the Default set rorlh In Ihle Oe1:1d of Trust ln lhe sec:tlon tilled "Default". Event of Do'fwh. The words "E'l/ent of Default" 111t1en any of the ewnis of det,ult set forth ln this Deed of Trust In the even111 of default HOtion at this 0111(1 of Trust. Grentot. Thu wor!l "Grantor" mean, O'FARRELl PROPERTIES, 1-.L.C .. GuerantM, The word "Guarantor" means any guar~ntor, surety, or eccommode!lon party of any or ell of the l!'ldebtednuH. Guaranty. The word "G1Jarenw• mi:ieM the g1Jaramv from Gu1Yi:intor to lender, Including without limileitlon a guaranty of all or pen of Uio Note. lmpi-ovementt. 'fhe word "Improvements" meene ell exirstlng and futuru lmprQvernenla, buildfngs, strtJctures, mobile hom11.s afflxe<I on the Ree! Prol)Elrtv, fecllitler., llddltlons, replacemonte ond other construction on the Real Property, lnd11b1ednB1Ss. The word "lndsbt11dne.ss" means ell p1inclp.il, iritereet, and other amounts. c;oets end expe.MH paya!m under 11'\e Note or. Aeletud Oocumen,s, toge1her with all renewals of, eir.«insions of, modl11c1:1tkms of. consolidations of and substitutions for the Nole or Related Documents nnd ariy amounts expendad or 11dv1mced by Lend@r to d!scherse Orento,•i; obllg11tions Pr 1:1Xpenees Incurred b',' Tnu;;tee or Lender to enforce Gran1or'e obligotion.s under thha 01111d o1 TrU$t, togoth•u with Interest an such amoo,in19 H provided In this Deed 11f Trust. lender. Toa WQrd "Lend1Jr" means Fron1ier 6ank, it5 succeesors and 1:1nign.s. Noto. The word "No1e" meooe the l)(omlssory note dated December 21. 2007, In the orlgloal principal amount of $2,350,000.00 from Grnntor 10 Lender, toguther with all tenewals: of, extern;ions ol, modificelions al, ref1n11ncln9a ol, coneolidatione ot, am:I 51,1b.sdtut!on.s for the proml.sso,y noto or agreemern. P9fllon1:1l Property. The worcie "Personal Property• mean all equipment, tixtlJtH, and other articles qf personal property now or· hereafter OWned by Gtantor, end now or hereafter a11ached or affixed to the Real Property: to'ijetmlr wllh alt acces.sion5, par!S, and additions tq, ell repl11camenta of, and BIi substit..itlons for, any of such property; rsnd together with all hmJOa end p,roflts thereon and proceeds !including without limilfl!lon all ]Nurence prn~oads and refund• of premiums) from any sale or other disposition of the Property. Proporty, The word "Propilrty~ means col11:1otively the Real Property 11nd !he Personal Property. Real Property, The worda "Roel Prope,ty" mean the reel property, intt1ri:1Sls and righte, as lurlher descrlbud In thla Deud of Tn.ist. Relu(ed oocumentlf. TM worda "Related Documents' mean ell promissory notes, oradi1 egr11emen1S, loan 11gr11~rnents, guernntles, security agreement,. m0ttgeges, deeds of 1rust, security deeds, c:oileteral mortgages, amj all otller Instrument,, e9re11ments sod docume111s, whe1her now or hereaft,r exbtlng, executed in corme-ction wilh the Indebtedness; provided, 1hat 1he 1:1nvlrorvmml.tl lndumnity agreemunts arc nol "Reta1ud Documents" and ani not ser;:urJ:d by thh1 Deed of Trus.1. DEED OF TRUST ( Con11nued} 20071221001246.008 Page 8 R111'1U. The word "Aenui· moena all presel'lt and future renle, ravllnu8$, incom1t, IHues, royalties, prolit-i:;, ar1d other benefits derived from the Pro~rty. Truttea, The word "Trustee• mNns Tr,im.1.natlon Titl& Company, whose malling eddreH ii 601 Union Square, SuiW 1100, Seattle, WA 98101 erul any eubstiMo or au«:essor trU$tH!. GRANTOR ACKNOWLEDGES HAVING READ ALL THE ffiOVISJONS OF nus DEED OF TRUST. AND GRANTOR AGFIEES TO ITS TERMS. GRANTOR: O'FARRcll PROPERTfES. LL.C. By: r=={.~::;:::;;;;.;;;;;;;;:;.=='==~~ 'Auttiorliad Signer rm O'FARREiL PROPERTIES, L..L.C. CORPORATE ACKNOWLEDGMENT STATEOF Wtshmpwt-.--- COUNTY OF P\ U:lL: )SS REQUEST FOR FULL RECONVEYANCE To: ---------------· Tru9tee The \Jnderslgned Is the leg11:I ownor and l'(:lldar of ell Indebtedness secured by tNa Deed of Ttuit, Yo1,1 ere hereby requested, upon payment ot all sums owing to you, to re,convey without werrentV, 10 tha pereone vntitled thDl'flto, the right, titlo end inluest now held by '/OU under 1he Deed of Trust. """' ----------------Bt,11eflcb11"/: --------- B'/: _______ _ 111: --------- LASER PAO Lel'ld)r,g, Ver. 5.39.00.008 COpr, Harlenil Finenclal SotutiOns, Inc. 1997, 2007. M Ritihts Reserved. - WA C:\CAILPl\G01.FC TR-47859 PR-COMLRLOC 20071221001246.009 Order No. RT· 11151596 EXHIBIT "A" PARCEL A: THAT PORTION Of THE SOUIBEAST QUARTER OF lllE NORTttWEST QUARTER, AND Of GOVERNMENT LOT 4, SEC110N 18, TOWNSHIP 23 NOR7H, RAN Ge 5 EAST, W.M., DESCR!8EO AS FOLLOWS: BEGINNING ATlllE QUARTER CORNl:R ON l}IE WEST BOUNDARY UNE OF SAID SECTION IB; THENCE NDR'l'li WOJ'07' EAST ALONG lllE EASl'·WEST CENTERLINE OF SAID SECTION, A DISTANCE OF2,177.12 FEET TOAN INTERSECTION WITH THE EASTERLY MARGIN Of COUNTY ROAD NO. 60 (ALSO KNOWN AS 91 n AVENUE SOUTH); THENCE ALONG SAID EASTtlU.Y MARGIN NORTH 11'05'23" EAST A DISTANCE OF 96.~6 FEET TO. AN !NTERSeCTION wmt l'liE NORlllERLY MARGIN Of CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE CONTINUING ALONG SAIO EASTERLY MARGIN NORTH U'05•23" EAST A D!STANCI: Of 413.12 fl:ETTO A POINTON A UNHOG FEl:T NORTH Of ANO PARALLEL WITH l'liE NORTHERLY MARGIN Of SAID PlPEUNE RIGHT·OF·WAY; THENCE SOUTlf 89'33'37' EAST, A DISTANCE OF 133. 97 FEET TO TlfE TRUE POINT Of 8EGINN!HG; THENCE NORTH 00'26'23' EAST, A DISTANCE OF 165.59 FEET TO THE SOUTHERLY MARGIN OF SOUTHWEST VICTORIA S'TREl:T (ALSO KNOWN AS SOUTH 133'° PlACE) 25 FEET IN WIDTH; THENCf fAST ALONG SAID SOVTHERLY MARGIN A DISTANCE Of 117 Fffr, MORE OR LESS, TO THE WESTERLY MARGIN OF llfE 0.C. MITCHELL ROAD; THENCE SOUTH ALONG SAID WESTERLY MAI\GIN TO AN INTERSECTION wrrn AUNE THAT SEARS 50Ul}f 89'33'37" EAST FROH THE TRUE POINT Of BEGINNING; THENCE NORTH 89'33'37' WESTT01'l1E TRUE POlNTOF BEGINNING; PARCEL 6: THAT PORTION OF THE SOOTH&ST QUARTER OF THE NORWWEST QUARTER AND OF GOVERNMENT LOT 41N 51:CTION lB, TOWNSHIP ll NORTI1, AANGE 5 EAST, W.M., DESCRI8EO AS FOLLOWS: 8EGINNlNG AT THE POINT Of !NTERSEcnON OF TlfE WESTERLY MARGIN Of THE O.C. MITCHELL ROAD WITH THE NORTHERLY MARGIN OF THE CITY OF S!:ATTLE CEDAR RIVER PIPEUNE RIGHT· OF•WAY; THENCE NORTH 02'18'49' EAST 200.02 FEET; THENCE NORTlf 89'51'11' WEST PARALLEL Wrnt SAID NORTHERLY MARGIN 2.77 FEET TOA POINT ON THE WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. 5), SAID MARGIN BEING A S,6S0.30 FOOT RADIUS CURVE CONCAVE TO THE WEST, A AADIALAT SAID POINT SEARING NORTH 89'28')2' WEST, SAID POINT BEING Tl1E Tl\U!: POINT OF BEGINNING; THENCE CONTINUING NOR'T}f 89'51'11' WEST, !S6.l! FEET; THENCE NORTH 06'32'49' EASTS0.12 FefT; THENCE NORTH B9'Sl'll' WEST 13,68 FEET TO A POINT l2B.40 FEET fASTERLY (AS MEASURED ALONG AUNE PARALLEL WITH SAJO CEDM RIVER PIPELmE RIGHT·OF•WAY) FROM THE EASlfRLY MARGIN OF 91STA\/ENUE S0Ulli (RAINIER BOULEVARD) A5 LOCATI:O IN COUNTY SURVEY NO. 191 V., JANUARY 1909; THENCE NORTH 06'32'49' EAST 1S7. 14 FEET TO TlfE NORTHWEST CORNER Of llfATTRACT OF LANO CONVEYEO BY DEED RECOROEO UNDER RECORDING NO, 6469261; 20071221001246.010 Order No. RT· 1115~596 EXHIBIT "A"· Continued THENCE SOUTH 89'52'!3' EAST ALONG THE NORTH UNE THEREOF 144.lB FEET TO SAID WESTI:RLY ~ARGIN OF RAINIER AVENUE SOUTli (STAT!: HIGHWAY NO. S); TIIENCE SOUTHERLY ALONG SAIO WESTERLY MARGIN AN AAC DISTANCE OF 206.24 FEET TO THE TRUE POINT Of BEGINNING; PARCELC: TliAT PORTION OF GOVERNMENT LOT 4 AND OF THE SOUTHEAST 14 OF THE NORTHWEST I\ Of SECT10N 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M,, O€SCR1BEO AS FOLLOWS: BEGINNING AT THE POINT OF INratSEcnON OF THE WESTERLY MARGIN OF THE 0, C. MITOitU. COUNlY ROAD (IWN!ER AVENUE SOUTH) WlTH THE NORT!1ERLY MARGIN OF THE C!TY OF SEAffiE CEDAR RIVER PIPE UNE IUGHT-Of·WAY; THENCE NORlli 02' 18'49" EAST 200,02 FEET; THENCE NOR'rn B9' 51' U" WEST 2.97 FEET TO THE WESTERLY MARGIN OF STATI: HIGHWAY NO. 5 (RAINIER AVENUE); THENCE CONTINUING NOii.TH 89' 51' 11" WEST PARALLEL TO SA!O PIPE UNE l\!GHT·OF-WAY, A DISTANCf Of 156.11 FEET TO THETRUE POINT Of BEGINNING OF THETAACT HEREIN DESCRIBED; THENCE NOR'Jli W 32'49~ EAST 50,32 FEET; THENCE NORTH 89' 51' 11" WEST 143.50 FEET TO 'JHE EAST MARti!N OF 91,,. AVENUE SOUTH, FORMERLY COUNTY ROAD; . THENCE SOUTH 10' 50' 46"WEST 50.88 FEET; THENCE SO\ffil 89' 51' ll' EAST 147,30 FEET TO THE TRVE POINTOFBE'G!NNJNG; PARCEL D: THAT PORTION OF THE SOUTHEAST I\ OF THE NORlliWEST I\ OF SECTION 18, TOWNSHIP 23 NORTH, MNGE 5 EAST W.M,. DESCRIBED AS FOLLOWS: 8EGINN[NG AT TIIE PO!NTOF INTERSECTION OF THE WESTERLY MARGIN OF niE O.C. M!TOiELL COUlllY ROAD, WlTH 1liE NORTHERLY MARGIN OF THE CEDAR IUVER PIPE UNE IUGHT-Of·WAY; THENCE NORTH 02' 18' 49" EAST 275.02 FEET; THENCE NORTH 89' 51' ll"WEST AND PAAALLEL WITH SAio PIPE LINE RIGHT-Of-WAY, 3.02 FEET TO TIIE Wl:STERLY MARGrN Of STATE HlGHWAY NO. 5; . THENCE NORTHERLY ALONG SAID WESTERLY MARGIN OF SAID Of STATE HIGHWAY NO. 5, A DISTANCE OF 75.01 FEET, MORE OR LESS, TO THE NORTHfAST CORNER OF Tli!\T CERTAIN TAACT OF LANO CONVEYED BY DEED RECORDED UNDER J(JNG COUNTY RECORDING NO. 2716165; THENCE WEST ALONG lliE NORTH UNE OF THAT CERTAIN TRACT 163,04 FEET TO TIIE TRUE POINT OF BEGINNING; THENCE' S0UT1i 1NiJ2'49" WEST TO INTERSECT THE NORT!1 UNE OF THAT CERTA[N TRACT OF LANO AS CONVEYEO BY OEEO RECORDED UNOER KING COUNTY RECORDING NO. 4018280; THENCE WEST ALONG SAID NORTli LINE, 128.40 FEET TO WE l'ASTERLY MARGIN OF HARDIE AVENUE SOUTHWEST; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN, 101,75 FEETTOTHE NORTH LINE OF SAID CERTAIN TMCTOf LANO, RECORDED UNDER KING COUN1Y RECORDING NO, 2716165; TliENCE EAST ALONG SAID NORTH LINE 120.BI FEET TO THE TRUE PotNT OF BEGINNING; 20071221001246.011 Order No. RT• U1S~596 EXHIBIT "A"• Continued PARCELE: THAT PORTION OF TliE SOUTHEAST 14 Of THE NORTHWEST \4 OF SECTION 18, TOWNSHIP 23 NORTH, AANGE 5 EAST, W.M., OESCRl8ED AS FOLLOWS, BEG!KNlNG AT THE WEST \4 CORNER OF SAIO SECTION; THENCE NORTH 89'03'07" EAST, ALONG 'lliE EAST AND WEST CENTER LlNE OF SAID SECTION, 2,177,12 FEET TO THI; EASTERLY UNE Of 91" AVENUE SOU'lli (HARDlo AVENUE SW); THENCE, ALONG SAID AVENUE UNI:, NORTH ll '05'2l • EAST SOS ,58 FEET TO THeTRUE POINT OF BEGINNING; Tl!EIICf SOUTH 89'33'37• WEST lll.97 FEET; TliENCE NORT!i 00'16'23" EAST 75 FEET; THENCE NORTl! 89'33'37" WEST 119.86 FEET TO lllE EASTERLY UNE OF 91" AVENUE SOUTli (HARDIE AVENUE SW);; THENCE SOUTli 11'05'2)" WEST 76.ll FEETTO TliETRUE POINT Of BEGINNING; PARCEL F: THAT PORTION Of THE SOUTHP'ST 14 OFTHE NORTliWEST 1A AND OF GOVERNMENT LOT 4 IN SECTION 18, TOWNSHIP ll NORTH, RANGE S &\ST, W,M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY MARGIN Of 91 sr AVENUE SOUTH (ALSO KNOWN AS HARDIE AVENUE SOUTHWEST), WHICH IS 83.0 FEET NORTH OF THECENTER OF THE CEDAR RIVER PIPE LINE I\IGHT·OF•WAY, SAJD POINT ALSO BEING 2,206 EAST AND 134.2 NORTH OF THE WEST IA CORNER OF SAID SECJJON; . ll1ENCE NORTH !0'50'45" EAST, ALONG SAID EASTERLY MAAGIN, 362.2 FEET TO TliE TRUE POINT OF BEGINNING; THENCE SOUTH 89'46'46•EAST 27SfEET, MOIU: OR LESS, TO THE WESTERLY MARGIN OF O.C. MITCHELL ROAD !ALSO KNOWN AS RAINIER AVENUE S0Ull1); THENCE SOUTHERLY, ALONG SA!O WESTERLY MARGIN, 56.76 FEET, MORE OR LESS, TO THE NORTJ!EAST CORNER Of THAT CERTAIN TRACT OF LANO CONVEYED TO JOE POPOVIC BY INSTRUMENT RECORDED UNDER KING COUN1Y RECORDING NO. 2716165; THENCE WEST, ALONG we NORTH LINE OF SAID CERTAIN TRACT, 184 FfET, MORE OR LESS, TO THE l:ASTfRLYOF91" AVENUE SOUTH (ALSO KNOWN AS HARDIE AVENUE SOUTHWEST); THENCE NORTH !0'50'45' EAST, ALONG SAID EASTERLY MARGIN, 59.ll FE.r, MORE OR LESS, TO 'mt TRUE POINT Of BEGINNING; EXCEPT THAT PORTION THEREOF LYING EASTERLY OFTHE NORTHEASTERLY PROJECTION Of THAT CERTAIN LINE BEAIUNG NORTH 06'32"49" EAST AND 100,63 FEET IN LENGTH, f,S DESCIUBEO IN M INS]RUMENTRECOROEO UNDER KING COUNTY RECORDING NO, 4DOS58l; ALL SITUATE IN THE CfTY OF IIENTON, COUNTY OF l<!NG, STATE OF WASHING10N. '., ' RETURN ADDRESS: Ftontler Bank Otivell 15305 Mairi Street NE PO B~ 700 Duwll, WA ff019 /1-/l~J"l'i lJ" 20071221001247.001 ASSIGNMENT OF RENTS Reference # ~if applicable): DUVA XX-8263 Title Order No, RT-11162§9t.ddltional on page Grantor!s): -- 1. O'FARRELL PROPERTIES, L.L.C. Grantee(s} 1. Frontier Bank Legal De,crlptlon: PTNS SE 1 /4 NW 114 STA 18-23·05E TAX LOTS 9011,9082, 91 22, 91 61, 9120 & 9012 Additional on page 2 Assessttr's Tax Parcel 1D#: 182306·9011 (PARCEL Al, 182305·9082 (PARCEL B}, 182305-9122 (PARCEL Cl, 182305-9161 (PARCEL DJ, 182305-9120 (PARCEL El, 182305-9012 (PARCEL Fl THIS ASSIGNMENT OF RENTS dated December 21, 2007, Is made and executed between O'FARRE=ll PROPERTIES. L.L.C., a Washington Umited UabUlty Company, whose address ie P.O. BOX 7603, COVINGTO.N, WA 98042 lreferred to below aa "Gr11ntor"} and frontier Bank. whose malling oddress Is 15306 Main Street NE. PO Box 700, Duvall, WA 98019 {referred to below as ~Lender"). r11.EO FOR RECORD ATJHE REQUEST OF ~LandAmerica Comrnetcial services ASSIGNMENT OF RENTS (Continued) 2007122100124 7 .002 Page 2 ASSIGNMENT. For valuoble cDnsideratfon. Grantor hereby aHigns, grants a continuing security lnteJest In, 1md conveys to Lender all of Grantor's right, title, and interest In and to the Rents horn the following descnbed Property located in KING County, State Df Washington: See fahibft A, which is atniched to this Assignment and made a part of thls Assignment 88 If fu!ly sat forth herein. The Property or its addras8 Is commonly known as 155 & 176 RAINIER AVES, AND 188, 196, 176, & 180 HARDIE AVE SW, RENTON, WA 98065. The Property tax klentiffcation number is 182305-9011 (PARCEL Al, 182306-9082 {PARCEL Bl, 182305-9122 (PARCEL Cl, 18230~·9161 (PARCEL DI, 182306-9120 (PARCEL El, 182305-9012 (PARCEL F). THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT Of THE INDEBTEONl!SS AND 12} PERFORMANCE OF ANY AND All OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, ANO THE Aet.ATED OOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In thla As&l91lflltmt or any Reloted Documente, Gr1ntor ahell PIIV to Lender all amounta secun1d by thia Assignment u they become dw, end shall strictly perform all of Gr11mo,'e obligation, under this Aasignment. Unlesa end until tender exerclsaa Its right ID oolloct the Rentl as provided below and i;;O Jong' as ,tier, i1 no default und11r this Asalgnmont, Grenror may =ain in possession and control of and operate and m11nE1ge the Property and calli.11:t th11 R,mt1o, provided that the granting of the right to collect the Rents sh11II not comtitute Lendor'1o consent to the we of cash coll1terel in a bankruptcv proce&ding. GRANTOR'S REPRESENTATIONS AND WARRANTIES, Gramor wimsnta thet: Ownerslip. Granter i• im1i1led 10 receive the Ren1s froe and clear of all rights, loans. liens, encumbn1nces, 11nd claims eJCi::ept as dlliclosed to and accepted bv lender in writing. Right to Anign, Grantor hu the llAI right, power 11nd authorhy tt1 enter Into this Assignmem and to assign and eonvoy the Rants to Lender. No· Ptlor Ani9nm11n1. Grantor MS not prevlouely 11&,sjgn11d or convoyed tl\e Rents to 11ny other part1on by 11nv tnatrurnent now 111 force. · N.o FW'lber Tran,f•r. Orentor wil not se)1, enign, encumbef, Ol' olherwiH dispose of arw ot Grantor'e rights in !he Re11ta exupt ae provided In thk Anlgnment. I.ENDER'S RIGHT TO RECEIVE. AND COLLl:CT RENTS, lendur shall tlaw the rl\Jht at any tlMe, and iwen though no default &hall h11w occutre<i under this Asslg/\fMnt, 10 collect and receive the Rent8, For thl• purpolB, lender le hereby given and granted 1he tollowtng rights, powera and authority: Notice to Tenllflls. Lendor mav 11:1nd notlcee to anv end alt tenants of the Property 11dvislng them of tli!s A8aignrnent and dlteC1ing al Rents to btl peid dlrec1ly to lender or Lander's agmt. £mltf -u,. 'Prol)'rty, Lenctar may &ntar upon and take poaseseion of the Property; demand, collect 11nd r11cetve from the tenantt or from any other panone liable therefor, all of the Rcmta; ina11tuni and carry <Jn flll leijal proceedings AIIClllilServ for the pror.ectlon of 1hiti Property, inch.Jdlng &uch proceeding, es mav be nec&IIS&r\' to recover poases•lon of the Property; collect tho R_en1s and nmwve any ten.ant or tenantll or other persom. from tha Property. Maintllln the Propi,rty. Lender·mey enter upon the Property to malntoln the PrOJ>ertv and kYp the HlT'te In repalT; to pay the cost& thereof an<! of all services of all emJ)loYQH, \ncludlng their equipment, and of all continuing coats and oxpensea of maintaining tho Propeny in proper 18jM!lr and condition, and also to pay all ~xas, aaseinmen1s and water utlll1los, end th& premium, on fn and other Insurance effected by lender on tha Property. Com;)IJanoe with Lllw,. Londl!r may do 811'( and all things to EllCecub:I end complv with the r11ws of the Stete of Weehlngto,, and also all other !aws, Nies, ordars, ordinances and r1Jquin1menta of 1111 olher 9overnrMntal agencies afh1ctlng the Property. LGDH th1t Proparty, Lender mey r~t or leaaa the whole or any part of thtl Property for such term or terms and on such conditions e& Lendor may deem appropriate. Employ Agents. Llilflder may ongage auch agent or 1111911ts III Lender may deem approprla1a, eitlier in Lendor'& namo Qr In Grarnor's name, to rant end manage the Property, Including the CQHectlon illlld application of Rent:i, Other Acta, Lender mev do ell such other things and aota with 1'91ilpect 10 the Property as lender may deem apptoprlate and may act EllCcluslval'{ and solely In the place 11nd steed ot Grsntor and to have all oi the powers of GrentOr tor the purpoaea staled above. NI) Requirement 10 Act. Londsr shell not be requlrad to do any ol the t<H"egoing acts or lhings, and the fact that Le00111' ahaP hOV(I patformcd one ur more of the foregoing acta or things shaU not tequlre Lendar to do anv other specific act or thing. APPLICATION OF REf,lTS. All coot& and eic:panBB5 Incurred by Lender in CQnnactlon with the Property shall be for Grentor's account and Lender may pay •uch cons and aJCpeMes from the Rents. I.ender, In lta eol1l discretion, shall detarmlna the 11ppllcetion of any and pll Ranta recelvad by It; howevar, an'/ auch Ren1a received by Lender which are not applied to 5,uch coste and expeni.011 ahell blJ applied to the !ndeb1Gdnaas. All expendlt1.m:is made Dy l11nd11r under this Asaignment and mil reimbursed from the Rents ellaU become a part of the lndebtedneu secured by this AHifilllm\ffll, and shell be payable on demend, wllh lnta~ei at the Note rate from data of expenditure umil paid. FUll PERFORMANCE. If Grantor pey1 all of tha lndeb1edneae whon dUII 11nd otherwise pettorma nH the obligetlons Imposed upon Gnmtor under this Assignment. tha Note, end the RallltOO Documents, Lsnder shell execute 11nd deliver to Gran101 e suitable satisfaction of this Assignment end sultabla statement, of termlnatlOn ot 11ny rlnan~lng statement on flla aVklencllltJ l.endar·• security lntemt in the Rents and the Propertv, Any termination fee requwed by law shell ba pa!d bV Grantor, if permitted by applloeb!o law. LENOER'S EXPEt,I.OITURES. If env PClion or proceeding Is cOfmlel\Cad that would materlolly atrect Umder's interest In the Propeft'( or Ii Gran tor fells to comply wlth any provision. ol this Assignment ot eny Related Documenta, Including but not Hmitep to Grlll'ltor'a fallurt tr;i dis<:herge or pey when due any arnouma Grentor 18 required ta dlsch11rge or pay under this ASSignment nr any Related D0curn1M1ts. Londer on Grantor's behalf mey lbut shall not be ob6gated to} take any ecticn tll.it LendeT do'itm• eppropr1111,, Including but not ~mited to discharging or Paving all taxe,, ll11n11, security Interests, encumbrance• and other claims, nl any time levied or pieced on th!J Rents Of the Property and paying all costs for lMUfing, maintaining 11nd presorving the Propef'tY, All such expendit\Jree im:urred or paid by Lender for such ASSIGNMENT OF RENTS (Continued) 20071221001247.003 Page 3 purpose.1 wm then bear lntcro:s1 111" the rate Charged under th11 N<1t1t from the date i~urrecl or p11id by lender to the date ,;if repayment by Grentor, All such e11pen:,as will become a part of tho lndebt11dness and, et Lander' 5 option, wm [Al be pay8bie on demand; lBI Ce o1dded to the b11l1mct1 of lhe Note and be apportioned 11mong end be payable with any instri!lmiirrt payments to become due during elthflr (1) tt\8 term ol any appllceblo-Insurance poricy; or 12! the remaining tinm of the Note; or (Ct be treated ea a balloon payment which will be due encl payable at 1h11 Note's meturlty. The A11el91'lffl11n1 also will secur, p11yrnt1nt of these amounts. Such ritiht shell be ln addlUon 10 ,ell olher rights and remedies to which Lendet may bo 1ntitl1td upon D11teu1t. DEFAULT. Each of the following, at Lender's opuon, .shall co08lltute an Event 01 Defeult under thia Aaeignment: P1tYmt1nt Dafault, Gtantor falls to make eny paymem when due under the lndebtednsas. OU,1r Defilula. Grantor 1111111 to comply with or Jo perform 11ny other term. obligetion, covenant or condition c;ontalned In ttii1 Auigr.-nent or in any of the R,krted Doctiments or to comply with or to perform any term, obli(lation, covenant or conrHtion i::ontEllnsd in any other agreement between lender ,nd Gran1or. Def1udt on OthBf Paymentl. F1Hu~ of Grantor within the tlm1:1 rDquired by thle AHlgnmont to mnke any payment for texi,s or insurance, OJ any other J){!Yrnent necessary to prevent filing of or to effei.t di1ocharga ot any lien. Detawt in FIVOT of Thin! Parties. Any guarantor or Grentor defaults undor any loan, extension of credit, securlty euroument, purchaaa or Hlee agreement. or eny othnr agreement, In favor of any other creditor or person that may ma«1rlelly affect e11y of any guarantor's or Grantor's property or ability to perfomi their re$pect1Ve obllgatioM umler thl1 Assignment or any of the Related Document&. Envlronm"1tal Def:ault, Fail...-e of 11ny party to comply with or pariorm whef! M any term, obligation, 1:0veoant or condition contained in any envirttNmmtel agr!Mlment executod in connection with the Property. Fllbo St11111n111nts. Any wun1nty, rapresantalion or 1tatemen1 made or furrished to Lender by Gramor or on Grantor's behalf under Ihle Aulgnmenl or the Related Documents Is false or misleading in any meterlal ri:tapeot, ahhur now ot 111 the time made or furniahed or becom1tt1 lalae or mlsleading 11t 1my tim11 thereafter, DefllCtlve Collirteralzallon. Tnis Assignment or any of !lie Related Documents co-ases to be in full force and effect (including fallun, of qny collateral document to create a valid and perfected security intere&t or lien) at any lime ·end for any reason. Jnaotvency. The <tlsaolution or tetminalion of Grantor's 11xlstence a& a goln.g business, the ineolvenoy of Granter, the eppol11tmen1 of a receiver tOf any part of Grentor11 property, any assigf\lTUllnt lor lhe benefit o1 crvdlton1, any type of creditor wo,koot, or the eommenoem!K'lt of eny proce&ding t.mder any bJnkruptcy or insolvency laws by or againlt Granto,. CN1c:litor or Forfeiture Procoedlnga. Commencement of rorscro,urit or forfeiture proceedings, whi,thtlr by ludlclo1 proceiedino, self-help, roposaesslcm or any other method, by 11ny CNlditor of Granter or by eny governmental agency agaln5t the Rerwl or any property saouiing the lndebtl!dJ'Mlae. Thb Includes II garnishment of any of Grantor'a accounte, lricludlng ,;ieposlt accounts, With le11der. However, thie Event ol Default shell not apply if lhera \a a good lolth dispute by Grentor 1111 to the valldlW or reirsonebleness ol tho claim Wtilcll le the besi& of the creditor or forloiture proceeding and lf.Grentor glvee lender written notice of the creditor or torfelturtt proceeding and deposits with lender monies or e aur.tv bond fot the creditor or lotfelture procsadlng, in an amount determined by lender, in Its sole dkicretion, H being en ede([uale ra:Hrve or bond 1or ,he dlsP')te. Property Damaga .:ir lose, The Pri;iperty 11 lost, stolet1, ei.bstanth,lly damaged, sold, or borrowad agllinst. Events Aflelltlng Guarantor. Any of the preceding events occure with r86peCt 10 any Guerentor of eny of the lndebte<Jnen or a~ Guarantor dies or becomee Incompetent, or revokes or dlaputea ttie validity of, or llabllltv under, any G1,111ranty of lhe lndebtednase. Ad\"""4 Change. A maWfl.il adverse change ocou,s ln Granttir's financial condition, or Lender believe• the pro:Jpect of paymont QI" perforrneni'.le of the Indebtedness is impaired. Ciwo1 Pro\llslon,. If any delacilt, other tha11 a <fefalllt in pll'fment Is curuble and it Gran1or hat 11ot been given 11 notice ol a hreech cl tho same provision of this A11signme11t within the preceding twelve 1121 months, it may be cutcd if Grentor, 11fter raCiliving written notice from l8C1der demanding cure of such default: 11) cures the defevlt wittiin tan (10) daye; or (21 lt tho cure requires mon, lh1:1n ten 1101 der.i,. Immediately initiates steps which Lender deema in Le<idar's aole disc<etlon to be sufflo!ent 10 cur11 1he defauh end thereafter conthwu and comp1etea all reiwonable end naoosaary 8t8Jn sufficient to produce compliance as soon as reasonably pnictical. RIOHTS ANO REMEDIES ON DEFAULT, Upi;in the occurre~e of any Event of Dafeult end at eny time thefeatter, hnder may ex11rcln an)I one or more ol tho following rlghtll end remedle5, in 11ddition to any other righ1s or remed"11111 provided bylaw: AoouJerate Indebtedness. Lender shall have the right llt its option wlthoul notice to Grantor 10 declerB the entlr& Indebtedness immedlel&ly duo and payable, including any prepayment penel1y ttlat Gra11tor would be reqLJJred' to pay. Collout Rem,. lender stiall have the right. without notica 10 Granter, to take posse$sion of tne Property IIT'ld collvct the Rent1, Including amoun1s p»t due 1100 unpaid, end apply the net proceeds, o\/8r arid above lender's ooaw, apalnst the lndebtednets. In furthereni;;e ol this right. lender shall have all the right• provided for in tho Lender's Right to Rect1!w anel'Collect Rent1o Seotian, above. It the Renia are colSocted by lender, then Qrantor irrevocably deelgnatee lender a• Grentor'e 11ttorney·in-fact to endorse Instrument& recelved ln payment thereat In the name of Qrantor end to nogotlate the sumo and eollect 1h11 proceeds. Paymenu by tenants or other users to lender in response, to Lender's demand llhllll satlsfy tile obllgatlon• for which the payments 11re made, wherh&r or not any proper grounde for the demand existed. I.ender m11y e,cerciav 111 rlght1 under 1t'lls sUbp1ri,gr11ph either in person, by agent, ?r thrOtJgl'l a nicalver. APf>olnt ReGelver. Lender shail h11ve 1h11 right to have a receiver appointed ta take l>0638Hlon ol 111 or any Perl of the Prop11rty, with the power ta protect end preserve the Property, to oper11te the f'ropfJrty proc11d'ng or penQlng fonicl03ure Of aelo, end to collect the Ranta from 1he Property and 11pp!!f the proceed,, ovtir end above the co11t or ~· raceiveiship, ·egelnst the Indebtedness, Thu receiver may serve wi1hout bond If pormlued by law. lender's: right .to the sppointm,nt ot II reeelver shall exi1t whether or not the apparent value of tha Property exfteds the Jndobtednass bY 11 1oubetential amount. Employmont by Lender shell l'IOt dlsquallfy a person from servlng ss a rl!COiVEJr. OthOf Remediea. Lendl'f &hell have all ott,er rlghta end rsmedll!IS provided In thl& AHlgnment or the Note or by low. Elaction of Remedlee. ElecriOfl by Lender to pursue any remedy shall not excludll puniuit of any O.ther remedy, and an oJectlon to n,11ke expenditurea or to take act1011 to parlorrn an obligation of Grentor under this Assignment, afl9' Grantor's tellute to perform, sholl not effec1 Lendar'e right to dec!are II defoult and exercise Its rom•dhts, ASSIGNMENT OF RENTS (Continued) 20071221001247.004 Page 4 ATI:ornevs' fees; fxpeMH. It Lend et Institute, any ,uit or action to 1mlorce 1mr ot the ta1ms of thb Asslgnment, Len!ier sholl be el'lti!led to reco11er such sum n the court m11y edludgt11 ,eesonable 1111 ettorneys' 1811s et lri111I and upon eny nppasl. Whether or not any c«1rt action is lnvOMld. and to the eimmt not prohibited by law, all ruasonebkl exp1:msea Len<Sor lnol,ll"9 that ln Lender'& opinion are neceumy at any time for the protection al its inte111n or the entorcem&m of Its rlghti;; shell become II p11l't of the lnf;lebtedneH payt1ble on demand 11rxl &halt bB8f lnt11rest 11t the Note rate from the datG of the 8Hp1mdltur11 umn repaid. Expel'lllee covcrod by fflls paragraph include withom Hmltati,,111, however subjeat to .!.lny Um)ts undor applicable lew. Lender'.& attorneys' fees al\d Lenr;klr's legai e,;pena:es, whell'let or no1 there le e lawsuit, incfudng attorneys' fees and exp11n.n lor bankruptcy proceedlnga llncludlng aftorts to modify or vaoate any automatlc ltaV or ln)unctionl, appaels, and any anticipated pgat-judgmen, collcctlon serv1C11a, th!;! coat of searching recotds, obtaining t1118 reports llncluding foreclosure raport8), surveyor$' reporti,, and l:lppralaal feaa, t11le ln1ur11ncll', and fees tor the Trus1ee, to 1he extent pvrmitted by appllcable law. Gran1or also wlll p11y any court'co11a, in oddt11on to all other sums provided by law. MISCELLANEOUS PROVISIONS. The following mleceHaneoua provislona are a p11rt ot thfa: Assignment: Amendments. Thia Assignment, together with any Aelat9d 01;1cumenra, constitutes tt,e entire i.mdetstenolng and agroement ot the Parties es to the matters set forth in this Al5&ignmenl. No alteration of or amendment to thl, Aasignment shall be effective unless given In writing and al9ned by tha pany or penles so1.19h1 to be cherged or bound by 1he alteratton or amendment. Caption Haadl11g,5, C11Plion headin~ in this Assignment are for conveniltnce p~ses only and are no-t to be used to 1'nwrprd or define the provlslone of this Assignment. GOVtlrnitlr, Law. Ttis N•hJnmont wm be govorned b'f federal lllw applicable 10 Lender end, to lhe extent nc,t prHmpt,d by Mdlll'el '8w, ttie lnw1 of the St11t111 of WuhirllJlon wittrlNt regard 10 11s contllct:5 i,f law provisions. This Aaslgnnwrrt haa been 1100,pted by lender in the State of WhhingtOn. Cho-lee o1 VM11111, It there Is P lawsult,.Gnmtor agreea upo-n Lender's raque:n to submit lo the jurisdiction of the cown of King County, State ofWHhlngton. Merger. There shall be no meryer of ttw lnte1m 0:r eatat• created by this esslgn/l1llnt whh any o-ther Interest ot estatlt in the Property 111 env time hold by or for the benefit o-f Lender in any c11~ci1V, wltho-ut the wrlttoen con1111nt ofLo:l)l;ter. lnt1rpt111brtio11i. (11 In ell c1111es where there II more tl18n one Borrower or Granto,, 1hen all word1 uaed In this Asslgnm9flt in the slngulor .shall be deemed to have be9n und in the plural where th8 context .and conetructlon eo require. (2) If mo-re than one person aigna lhis Aui;nment ii. "Grantor,' the obHgetlons oteei:h Grantor are Joint end HJvera~ Th:.. meens lhal lf Lendet brlniis e lawsuit, Lender may ,ue any one Of more cl the Gri:uitore. If Borrower encl Orantor affl oot the sema pareon. Lender need not sue Borrower first, md that Bormwer need not b9 Joilll!d in any lawsuit. {3) The nan'les given to paragrapl\5 OT aectlone in this Asalgnmc,nt ere for convenience purF!_ous ooly. Thay ere not to be ue!ld to lnter~t or defioo the ])l'OVielorni. o-f thia A51,ignment. No Walwr by Lendar, lender shall no-t bu deemad to heve waived any tlo;lhls und« this Aulgnment unleas euoh waiver i$ glv&n in wrltl/19 11nd signed by Lender. No delay o-t omleskln on the pert o-f Lender In exercising eny right sheU operntei ti.I a waiver of such right or any otl'ler righ1. A walv'l.lr by Lender of e provlelon o1 thla Assignment shall not prejudice or constitute a waiver of Lender'• ri9h1 otherwi$8 to damand strict compliance with thet proviSlon 01 any other provision of thla A11ignment. No prior weivvr by Lender, nor any oouree o,f deeillng between lenOar and GraJ1tor, shd constitute a walver of Bl1V of Lender's righta or ot 1111\1 o-f Grllntor's obllgatione ltB to-any tu1un;i tremaf;ltlone. Whenewr lhe consent o,f lender ie l'\lqulred und,r tl11s Aeslgnment, the grnnt1n9 Of auch content by Lends, In any Instance shall net co-nstitu1a contlm.,lng coneent to sutnequent lnat¥Jces where euch consont is requlrad and In all CB&H such consent may be grantod or wllhheld In tha sole <f1Scre11on of Lender. Notlc91. Subjl'Ct to eppllc&bla hl.w, and except for notice required or allowed by law 10 be given In another manner, any no-tic1:1 required to be given under this Anlgnment et,all be giVen In wrltlng, and 1he1I be effective when sct\lallv delivered, wh1;1n 11c1ually reeelved t>y telaf11cslmlla (I.Inless otherwise requlr11i:I by law), when depo&l\8d with II nationally reougnlH<S overnight courier, or, It malled, when deposited In tna United States mall, as fl rat. class, ,ertlffod or ragistect!d mall Poatege prepaid, dlr11ctei:I tg the .addrestee shown near the boglnntng of this Ast}gnment. Any party may change ila address for notice• under tt»s Assignment by giving formal written notice to the o-ther parties, specifying that lt,e purpose of thei notice Is to Change thtf party's addreas. For notice purpnaes, Granter agreu lo-);8111) lender informed at ;ill times of Grantor's current address. Subject to applicable law, 11nd ex<:ept for notice required or .illO"WUd by law to be given In another manner, if thera Is mon then orie Grenior, 11ny iwliu.:, given by Lond!ir to any Grl;ll'ltor ia deamed to be-no-lloe given to oil Grentots. Powffl o,f Attorney, The "8rious agr;incles and po-weltl of attorney cooveyed on Lander undet this A,signmem are granted fo-r purposes o-f Hcurltv and mtiy not ba ravo-ked by Granter until such time as the same are, renounced by L.vnder. Seve•llbllity. -It a court of co-mpetenl Jvrladlction finds any prov!sion of thi8 Assignment to be illegal, lnvalld, ot unet'llorce11ble a, to, I/Illy circume1ence, thel finding shall no-t ma!w the ottel)l;lillQ prov1elon ll!egal, (nv1:11ld, or unenlorceable as to any other clrcumstilnce. If feasible, the o-lland\ng pt0vlslon a.hall ba con1ldered modified so tt,111 it baccme& legal, valid and enforceable, If 1h11 offand1ng provision cannot be so modified, It shall be conr;ldered dele1ed from this AseignmErm. Unleu 01herwi:se Mqulred by law. tml Uleo11llty, Invalidity, o-r unenforceabl6ty of any provi11lo-n ol this Anlgnmont shall not iilloct Iha legallty, validity or 11nfotcoalllllty of env other provision o{ lhi, Asal9nmam. s"°"'CenoB and Assigns. Subfoc1 to sny l1mlt11tlons stated In this Assignment o-n trans-far ol Grantor's Interest, ~his A11sitnment $hell bEI binding upon 1111d lnure 10 tt.8 benefit ct tfla perties, their ,ucoen()TS and o111aigns. If o-wnorship of the Pro,perty becomes vt11Clid In a pe~on 01her than Grentor, L1;1nder, wiU\Out notice to Grttntor, may deal whh G,antor'a svceaaaors with reference to 11\ie. Asalgnment end the lndebtadneH by way of forbearance or extonsion withou":. rateosina G(ontor from me-o-bllgatiol'IS of this Asaignment or Uabilily under the 11\debtedneSll, Timo Is of tho E$senc111. Time is of the B&Sence in the pe:ftinn11nca ot ttils Assignment. WalVDI' of H¢me11-tead Ei.:emptton. Grentor heraby releases end waives alf right, and benefits o,t the homBSteed eio.emp1ion laws of the State of Weshing1on om to 1111 lndebtednen aecurt1d by 1h18 Asslgnnwnt, Waiver of Right Of Rlrdempllon. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY A~O ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANIOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPY JUDGMENT CREDITORS OF ORANTOR, ACQUIRING ANY INTEREST IN OR TITIE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEANmDNS. The following c,p11aHzed worda 11nd twms ahall hava tha following meanings when used In this Anignmgnt. Unles11 speci!icel\y 1tated to the contrs,v, alt refefBncas 1o dollar amount, shell mean amounts in h1wlul mon11v ct. the Unlted ~fates ot Amorlca, Wrirds and terms u&Bd in lhe ,lngular shall include: the p\u,al, end the plur11l ASSIGNMENT OF RENTS (Continued) 20071221001247 .005 Page 5 s/l111l lm;:_lu,;le ihe singular, es the conl&:,ct may requlr&. Words emf terms nol otherwise defined In this Assignment shell haw tho mG11nlnge amibU1ed to such terrns in the Unifotm Commerciel Code: AuignmeRt. The word "AN:ignmanr means this ASSIGNMENT OF RENTS, es this ASSIGNMENT OF RENTS may be atnel\d11d or modified lrom time to time, coge1her wl1h 1111 eJlhibitt and schedules attached to this ASSIGNMENT OF RENTS from tilTI(I to time. Borrower. Th11 word "Borrowsr" means O'FARRELL PROPERTIES, L.L.C .• Defa~lt. ihe wo«i "Defaull" means the Default set forth in th!s Aseignmem In the 1&ction titled "D&f!lult". Event Qf Deiault. The words "Event of Default" mean any of the evem, of default sat forth in 1hla Assignment In the dehult eoctlon ol this Assignment. Gn11n1tir, The word '"Granter" i;neans O'f'ARRELL PROPERTIES, L.1-.C .. Guarantor. The word "Gu11r11ntor• means any IJUBl'Dnt<lr, aurety, or accommixlation party of t!l'IV or ell of the lm:ff1bt8®8H, Ou1ranty. Tho word "Guaranty• mean, the guaranty fri>m Gu11r1ntor to Le!'lder, lncludlng wlthout !imitation a guaranty of all or part of tha No111. lndob1ednes&, The word "lndabtednas$" means all prlocipel, interesl, and otl'ler amoumt, coats and axp1mse111 pay11bla under the Note or Rel111ed [)(u;,,..menta, regather with all n,n11wels cf, extensions of, mtxlificationa of, 01;,nsolldation& ol nnd aubsUtutlorn11 for the No111 or RelaVJd Oocumunts and any arnoullts eMpDn<kid or advanCl:ld by Lander to dlechar9B Grantor't obligations or ax])enses lncvrrei;l by Lander to enforce Grantor'1 obligation• under thi, Auignment, togather with lnter11&t on euch amoumt as, provided In thla Assignment. Lander. Ttw word "Lander• maane frontha1r 81mk, Its successors end 111s)g~. ffota. Tne won:s "Note" mlHlns the promissory note i;tated 011Cetnber 21, 2007, In the original principal amount of $2,350,000.00 from Grantor to Lcmcler, tage1her with 1111 ret111wals ot, extent[CM of, modiflcatioN of, ret!nanc!ngs of, c0Molid11tions of, and subRlhutions for 1he promissory note or egraement. Property, The word "Propart','• maalllt all of Gr1111tor'a right, title and lntertl6t in end to all the Property es described In the • A111lgnrnen1• section ot this A&slgnm,nl. Related Doc.umenll. The words "Related Documents" mean all pr~lssory notes, credit agreements, loen agraomentl, environmental agreements., guor.11ntlas, sacutlty egreements, mor19.119ea, de111ds of trust, ,security deeds, collnterel mortg11ges, and all other Instruments, 49reement:s and doi;;.umente, whether now or hereafter existing, executed In oonneetlon With tho Indebtedness. Rent!', 1llO word "R11n11• maena all of Grantor's pre&ent and futur, rights, tilla end Interest ln, to 11nd under e.ny and all pre,unt and future loet111, Including, wlthOut llmlte.tlon, 11!1 ri1nts, revenue, lneome. iuues, royalties, bonuses, ecoounts receivable,-cah or 1111;::urltv deposl11, advam:e rent11ls, profits end proceeds from the Property, 11nd oth11t payment; end benefits derived or to ba derived from such leean ol ewry kind 11Dd llllture. whetl,er due now or le1er, lncl\lding without llml1at\on Orantor', right to 11111fotce such lessaa nnd 10 receive and eollect payment a!'ld pl'OOaeda theraunder. THE UNDERSIGNED ACICNOWLEOGI$ HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, ANO NOT PERSONALLY BUT AS AN AUTHOFUZED SIGNER, HAS CAUSED THIS ASSKINMENT TO BE SIGNED AND EXl:CUTl:D ON BEHALF OF GRAftTOR DN Ol=CEMBER 21, 2DD7, GRANTOR: O'FARl'IELL PROPERTIES, l,L,C • • ,,. r.===1c:;;;;:;;;;;;;;,;;:;:'.~'"'""1Eo-;-n,-: Authorlz11tl Signer for O'PAARElL PROPERTIES, l.L.C. CORPORATE ACKNOWLEDGMENT sTATE o, WAShi11~:l,,n COUNTY· OF 0 f'KYtC On this '2.J sf-' · day Df Notary Publio, personally appeered O'FARRELL PROPERTIES, l,L,C,. nnd personal b11 en authorized 1191:nt of tho cotporetlon Assignmen1 to be the free end voll,ltltary act Its boord of directors, 1or the uses 1111d p e,:ecute this Assignment and In fa I eKeou1 By - ••• ' , 20 07 .. bl,)r11m;, ll\V undersigned , ™ ULlft'lbu" ot proved 10 ma onesfs of Htidactory evldonce to SSIGNMENT Of RENTS lllld ackn0Wled9ed tllfil lo&,, by avthorlly ol lts By1!1ws ot by resolu,ion of d on oath stated that he or she le outhorizad to of Iha corporation. Residing at /;l(/Jl'91 Wfl: My comminion expires !$-/'/-OS LASER PRO Lending, Ver, 5.38.00.008 Copr. Hailf.nd Flnonciel So!utlons. Inc. 1997, 2007. All Righls Reserved, • WA C:IC'FI\LPL\G14.FC TR-47859 PR-COMLRLOC . '•' .. 20071221001247.006 Order No. RT • !115159& EXHIBIT "A" PARCEL A; THAT PORTION OF iHE SO\JlilE'AST QUAATcR Of THE NORlilWEST QUARTER, AND OF GOVERNMENTLOT 4, SECTlON 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTI:R CORNER ON THE WEST 80UNOARY UNE OF SAID SOCTION IB; THENCE NORTH 89'03'07" EAST ALONG THE EAST-WEST CENTERUNE Of SAID SECllON, A DISTANCE OF2, 177 .12 FEEi' TO AH lN"TcRSECTJON WITH THE EASTERLY MARGIN OF CDUNl'/ ROAD NO. 80 (ALSO ICIIDWN "5 91"' AVENUE SOUTH); THENCE ALONG SA!O EASTERLY MARGIN NORTH 11'05'23" EAST A DISTANCE OF 96.46FEETT0 AN INTERSECTION WrTH THE NOIUHERLYMARGIN OF CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE CONTINUING ALONG SAID EASTEI\I.Y MARG!ll NORTH ll '05-23" EAST A OISTANCE Of 413.12 FEET TO A POINT ON A LINE 406 FEET NORTH OF ANO PARALLEL Wl'Tli THE NORTHEI\I.Y MARGIN OF SAID PIPELINE RIGHT-OF-WAY; THENCE SOil™ B9'33'37" EAST, A DISTANCE OF !ll.97 fEETTO THE TRUE l'OINT OF BEGINNING; THENCE NORTH 00(26'23' EAST, A DISTANCE OF 165.59 FEET TO THE SOUTHERLY MARGIN OF S0lffi1WEST VICTORIA STREET (ALSO KNOWN AS SOUTH 133'° PLACE) 25 FEET IN WIDTH; THENCE EAST ALONG SAlO SOUTHERLY MARGIN A DISTANCE OF 117 FEET, MOR! OR LESS, TO THE WESTERLY MARGIN OF THE D.C. MITCHELL ROAD; THENCE.SOUTH ALONG SAID WESTERLY MARGIN TO AN INTERSECTION WITH A UNETHAT BEARS SOUTH B9'3J'37• EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORT!i 89'll'37' WEST TO THE TRUE POI ITT OF BEGINN[NG; PARCEL B: THAT PORTION OFl'HE SOUTHEAST QUARTI:R OFl'HE NORTHWEST QUARTER AND OF GOVERNMENT LOT 4 IN SECTION 18, TOWNSHIP 23 NORTH, RANGES EIIST, W,M., OESCRr6EO AS FOLLOWS: BEGINNING ATTHE POINT OF INTERSECTION OF 111E WESTERLY MARGIN OF THE D.C. MITCHELL ROAD W1111 THE NORTHERLY MARGIN Of THE CITY OF SEATTLE CEDAR RIVER PIPEUNE R!GHT- OF•WAY; THENCE .NORTH Ol'l8'49' EAST lD0.02 FEET; 'llifNCE NORTli 89'S1'11' WEST PARALLEL WlTli SAID NORTHERLY MARGIN 2,77 FEET TO A POINT ON THE WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. S), SAID MARGIN 8ElNG A 5,680.30 FOOT AAD!US CURVE CONCAVE TO THE WEST, A AADIAL ATSAlD POINT BEARING NORTH 89'26'J2' WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENC1: CONTINUING NORTH 89'51'11" WEST, 156.11 FEET; THENCE NORW 06°32'49" EAST S0.32 FtET; THENCE NORTH B'l"Sl'll' WEST 13.66 FEET TO A POINT 129.40 FEET EASTERLY (AS MEASURED ALONG A L[NE PARALLEL Willi SAID C:!;DAR RIVER PIPEL!NE RIGHT·Of·WAY) FROM THE EASTI:RLY MARGfH Of 91ST AVENUE SOUTH (RAINIER BOULEVARD) AS LOCATED IN COUNrr SURVEY NO. 197 V., JANUARY 1909; THENCE NORTli 06'32'49' EAST 157.14 FEET TO THE NORTHWESTCORNl:R OFTHATTPACT Of LANO CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6469261; 2007122100124 7 .007 Order No. RT• 11152595 EXHIBIT "A" • Continued THENCE SOUTH B9'S2'l3' EAST ALONG me NORTH LINE TttfAEOf 144.28 FEET TO SAJO WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. SJ; THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN AN ARC DISTANCE Of 206.24 FEET TO THE TRUE POINT OF BEGINNING; PARCfl C: THAT PORTION Of GOVl:RNMENT LOT 4 AND OF THE SOUTHEAST V. OF THE NORTIJWEST ~ Of SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W,M,, DfSCRJeED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE O.C, M!TCHEll CO\JNlY ROAO (AAINlER AVENUE SOUTH) WITH THE NORTHERLY MARGIN OF THE CITY OF SEATTLE CEDAR /\IVER PIPE UNE RIGHT·OF•WAY; Tl1ENC1: NOR'lli 02' !8'49• EAST 200.02 mr; THENCE NOR'lli 89' 51' u·ws 2.97 FEET TO THE WESTERLY MAAGIN OF STATE HIGHWAY NO. 5 (RAINIER AVENUE); THENCE CONTINUING NORlli 89' 51' 11" WEST PARALLEL TO SAID PIPE UNE R!GHT-Of·WAY, A DISTANCE OF 156.ll FEET TO THE TRUE POINT Of 8EG!NNING OF THE TRACT HERE!N OESCIUeEO; THENCE NORTil 05".32' 49' EAST S0,32 FEcT; . ' THENCE NORTH 89° SI' 11" WEST143.50 FEET TO THE EAST MARGIN OF 91" AVENUE SOUTH, FORMERLY COUNTY ROAD; . THENCE SOUTH 10' 50' 45' WEST 50.88 FEET; THENCE SOUTH 89' 51' 11" EAST 147,lO FEET TO THE TRVE POINT OF 8EGINNING; PARCElD, THAT PORTION OF THE 50U11iEA5T 'I• Of THE NORTHWEST 'A OF SECTION 16, TOWNSHIP ll NORTH, RANGE 5 EASTW.M., DESCIU8EO AS FOLLOWS: lll:GINNrNG AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D.C. MIJCHELL COUNTY ROAD, WITH 1'llE NOR1'llERLY MARGIN OF ll1E CEDAR RNER PIPI: UNE RIGHT-Of·'I/AY; THENCE NORTil 02' 18' 49' EAST275.02 FEET; THENCE NOR1'll 89' SI' !!'WEST ANO PARALLEL WITH SAIO PIPE UNEJUGHT-OF·'I/AY, 3.02 FEET TO THE WESTERLY MARGIN OF STATE HIGHWAY NO, 5; lliENCE NORTHERLY ALONG SAIO WESTERLY MARGIN OP SAID OF STATE HIGHWAY NO. S, A DlSTANC! OF 75,0! FEET, HORE OR LESS, TO THE NORTHEAST CORNER OF THAT CERTAIN TRACT Of LAND CONVEYED BY OEEO RECORDED UNDER KING COUNTY RECORDING NO. 2716165; THENCEWEST ALONG TliE NORTH UNE OF THAT CERTAIN TRACT 163,04 FEET TO THE TRUE POINT OF BEGINNING; 'lliENCE SOUTll 06'32"49" WEST TO INTERSECT THt NORTH UNE Of THAT CERTAIN TRACT OF LAND AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 4018280; THENCE WEST ALONG SAlO NOR'lli UNE, 128,40 FEET TO THE EASTERLY MARGIN OF HARDIE AVcNUE SOUTHWEST; '!'HENCE NORTHERLY ALONG SA!O EASTfRLY MARGIN, 101.75 FEETTO TiiE NORTH LINE OF SAID CERTAIN TAACTOF IJ\ND, RECORDED UNDER KING COUNTY RECORDING NO. 2716165; THENCE EAST ALONG SAID NORTH UNE 120.81 FEff TO THETRUE POINT OF BEGINNING; 20071221001247.008 Order No. RT• U15l5'6 EXHJUIT "A"• Continued PARCELE: TlfAT POl\llON OF THE SOUTHEAST 'A Of"THE NORllfWEST'A OF SECTION 18, TOWNSHIP 23 NORTH, RANGES EAST, W.M., DESCIU8ED AS FDLtoWS: BEGINNING AT THE WEST \4 CORNER. OF SAID SECTION; THENCE NORTH 89'03'07" EAST, ALONG TJfE EAST AND WfSTCENTER UNE Of SAID SECT10N 2,177,12 FEET TO TlfE EASTERLY LINE Of 91" AVENUE SOUTll (HARDIE AVENUE SW); ' THENCE, ALONG SAID AVENUE UNE, NORTJf 11 '0S'2l" EAST 509.58 FEET TO THE TRUE POINT OF BEGINNING; TllENCESOUTH 89'33'37"WEST 133.97 FEET; THENCE NORTH 00'l6'23" EAST 7S FEET; THENCE NORTH 89°33'37' WEST 119.86 FEET TO TJfE EASTERLY UNE OF 91" AVENUE SOU!lt (HARDIE AVENUE SW);; THENCE SOUTH l 1 '0S'2 l' WEST76.J I FEET TO THETRUE POINT OF BEGINNING; PARCEL f: THAT PORTION OFTHE SOUTHEAST\\ OFTHE NORTHWEST 'A AND Of GOVERNl!EITT lOT 4 IN sernoN 18, TOWNSHIP 23 NORTll. RANGE S WT, W.M., DESCRIBED AS FOU.OWS: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF 91" AVENUE SOUTH (AlSO KNOWN AS . HARDIE A\lcNUE SOUTHWEST), WHICH 15 B3.0 FEET NORTH OF THE CENTER OF THE CEDAR IUVER PIPE LINE RlGHT·OF·WAY, SA!O POINT AlSO BEING 2,201 EAST ANO lM.2 NORTH OF T}!E WEST'• CORNER OF SAID SECTION; . THENCE NORTH !0'50'45" EAST, ALONG SAIO EASTERLY MARGIN, 362.2 FEET TO ))lE TRU, POINT OF BEGINNING; THENCE SOUllf 89'46'45"EAST 27S FEET, MORE OR LESS, TO TllE WESTERLY MARGIN OF D.C. MITCHELL ROAD (ALSO KNOWN /lS RAIN!fR AVENUE S0Ulli); THENCE SOUTHERLY, ALONG SA!O WESTERLY MARGIN, 58,76 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOE POPOVIC SY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 2716165; THENCE WEST, ALONG THE NORnt UNE OF SAID CERTAIN TRACT, 284 FEET, MORE OR LESS, TO THE EASreRLY OF ~1" AVENUE SOlJTH (ALSO KNOWN AS HAROIEAVENUE SOUTHWEST); THENCE NORTH IO'S0'45" EAST, ALONG SAID EASTERLY MARGIN, 5~.ll FEET, MORE OR LESS, TO THE TRUE POINT Of BEGINNING; EXCEPT IBAT PORTION THEREOF LYING f/\STa\LY OF THE NORTHfASTERL Y PROJEC110N OF TlfAT CERTAIN LINE BEAI\ING NORTH 06'32"49" EAST /\NO 100.il FEET Ill LENGTH, AS DESCRIBED IN AN INSTRUMENT RECOROfO UNO ER KING COUNlY RECORDING NO, 4008l!IJ; ALL Sr!VATE IN THE cm OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. RETURN ADDRESS: Frontlor B11nk Duvall 115305 Main Strout NE PO B0111. 700 Duvllll, WA 98019 DATE: December 21, 2007 20071221001246.001 11!((~1111111111 ~~.fB.,. ••.•• AW 1~~ 1••1• TY, MA DEED OF TRUST Reference # (If eppllcable~: OWA XX-8646 Title Order No.RT 111525966.dditlonal on page __ Grantor(s): 1. O'FARRELL PROPERTIES, L.L.C. Grantee(s) 1. Frontier Bank 2. Trensnation Title Company, Trustae Legal Description: PTNS SE 1/4 NW 1/4 STR 18-23-0BE TAX LOTS 9011,9082, 9122, 9161, 9120 & 9012 Anessor's Tax Parcel ID#: 182305·9122 (PARCEL Cl, 182305-9012 (PARCEL F) Additional cm pBge 2 182306-9011 [PARCEL Al, 182305-9082 !PARCEL B), 182305-8161 [PARCEL D), 182305-9120 (PARCEL E), THIS DEED OF TRUST Is dated December 21, 2007, among O'FARRELL PROPERllES, L.L.C., a Washtngton Umited LiebiHty Company, whose address is P.O. BOX 7603. COVINGTON, WA 98042 {"Grantor"); ffontl•r Bank, whose mailing atldress is DuvaU, 1!5306 Main StrHt NE. PO Box 700, Duvall, WA 98019 (referred tc below sometimes as ''Lender" and scm&t1mes as '"Beneficlary"); and Transnation Title Company, who6e mailing address Is 601 Union Square, Suite 1100, Seattle, WA 98101 (referred to below as "Trustee"). FLED FOR RECORD ATTHE REQUEST OF &,LandAmerica lllcommereial Services DEED DF TRUST (Continued) 20071221001248.002 Page 2 CONVEYANCE A.ND OFlANT. For valuable oon1idllratlon, Gr.tntoT convays to Trust11e In trust With power of aakl, right of entry~ posHuton alld for tml benefit of Lender 11s Benefloiary, 11111 of Grantor'1 right. title, ancl intereet In end to the foflowlng described rHI propetty, tog1Jther with aM exla1ir,g or i,ubsequently erected or affixed buildings, improvements and fbcturee; all ea.ements, rights of way, ~md eppvrterninces; ell water, water riQhtfl and ditch rights !including s,i;,ck In utllitles with ditch or irrigation rlgMsl; 11nd 811 other rights, royettles., and profits relating to the re11I propertY, Including without llmltlltion ell mlneraJs, oU, gas, 9001t1ermal and sil'niler metten. tthe •Ro11I Property"} located In KING County, State of Washington: See EXHIBIT A, whidl Js attached to this Deed of Trust and made a part of this Peed of Trust as If fully aet forth herein. The Real Property orita addreae is commonly knuwn as 155 & 175 RAINIER AVES, AND 188, 196. 17G, & 180 HARDIE AVE SW, RENTON, WA 98065, The Real Property tax identiffeatlon number Is 182305-9011 (PARCEL At, 182305-9082 (PARCEL B), 182306-9122 (PARCEL C), 182305·9161 (PARCEL D), 182305·9120 (PARCEL E), 182306-9012 (PARCEL Fl. REVOLVING LINE OF CREDIT. Thia DHd. of Tr11&t secure:s, the lndsbtedn8$s lncludintt, without 11m111t1on, a revolving rmo of credtt, wittl I vaJilble r1t1 of 1ntere.1t.. which obllgatn Lender to make ai;t,,1noe1 tv Gr11r1tor so Jong 11, Granter complies with 111n th11t1rm1 o1' 1h11 fhita and tile llne of credit hH riot bean termiiated. suspended o, c1111oolled; ttle Note allow, nlll1]etiv1 am1111izetion. Funds may bl 11dv1111cad by lendw. repaid, itlld 1ub111quently r1nidvencod, The l.fflPDid belunoc, o11he ravolvl119 lil'lfl' of credit rney at aertaln tirnt,t be lowOI" than the llfl'IOUn1 shown or nr111. A :t81'C1 t:Nlance does not tomm'lete tho lin111 Dt crvdlt OT turmlnate Lender's obligation to advance flA\dl tQ Granter. Tllerefore, the Hen gf tml Dnd o1 Truat wlll remairl In full force and effeot notwithstandine any HrD balm,ce, Gnintor hereby naigns aa ,ecurlty to Lenlier, all of Grantor'& right. title, 811d lntoteet In 8lld to all lenses, Rents, and profits ot the Prt;>peft,f, Thll assignment 111 r&®rded In acCQrdance with RCW 65.08.070: the Han created by lhla ntlgnmant 15 Intended to be upaoi11c, perleCled eind chaate upon the recording ol thl11 Dee<l ot Trust, Lender grants to Greintot a license to collvct the Ronla and pr111flts, which license may be revoked 11 Lantier'& option and shall be automatically revoked upon eoceleration of all or p,art o1 the lndebtodne11. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THI: SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE [A) PAYMENT OF THE JN0£BTEDN~$ AND 181 PEIIFORMANCE OF ANY AND ALL 08UGATION8 UNDER THE NOTE. THE fl.l:!LATED DOCUMENTS, AND 1H1S DEED OF 1RUST. THIS DEED oi: TRUST IS GIVEN AND ACCfP1ED ON THE FOi.LOWiNG TERMS: PAYMENT AND PERFORMANCE, EJ\t!,tpt 118 otherwi.se provided in 1h19 Deed of Trust. Orantor stiall pey to Lander all amounts lM!cured by this Deed ol Trust H they become due, end sh11II 11trictly and In a timely manner perlonn all of Grantor'-11 obllgatlons under 1M Note, th1s Deed of Trust, end the Related Oi:x:uments. POSSESSION AND MAINTENANCJ: OF THE PROPJ:RTY. Grantor sgreve. thal Grantor"s PQHeaslon and UH of the Property ohell be 90vam11d by the foltowln11 pcov!.sions: f)gssesslon and UH. UntU thu occummco of .an Event of Default, Grancor may (1) remain In pos!M!BSlon and control of the Property; (2) use, operate or manage 1he Propertv; and (3) collect tho Ranta from the Property [th\a prMlegc la B llcense frcm Lander to Grantor eurom811celly revoked upon deflnJt). Th11 touowlng provision, reh1t& 10 tho UM! of the Property or to other llmit11tiom; on the Property. The Reel Property ls not Wied pr\m:ipally for agrloulturet purposvs. Duty to Maintain. Gr1111tor shell maintain the Propef'tY In tenantable conl1111on and promptly perform ell rep11irs, replacemonts, aOO 1111dntenimco ne~n11ry to preMlrve hs velue. Nuisance. Wasta, Gran1or 5haO not caUH, conduct or p&rmit any nuisance nor commh, permit. or &:uifer any stripping of or waste on or to the Property or any partion t>f the Propc,rty, WlthOLlt limiting !he ge1111rali1y of the fo«igoing, Gr11111cr wiU not remove, or grant to 1my other party the righ110 remove, any limb11t, mlneral! (including gll and gqs), coal, clay, sc:oria, tioil, \1f8Vol CH' rock producti:i Without lander's prior written consent. Remove! of Improvements. Granter ahall not demolish or remove any Improvements from !he Real Property without Lender's prior written consent. Ae a condition \O the ramoval of any lmprovemams, Lender may require Grantor to mBke arrangement& satisfactory to lender 10 replace such Improvement, with Improvements of at least equal value. Lend•r', Right to Enter. Lender and Lender's tilJBnts and repreaentatives may enter upon the Reel Proper,y 81 all reasonable limes to attend to Lender's Interest& end to lnspecl the Real Properry for l)\Jrposes of Orantor's compliance with the terms and conditions ot thls O&ed ol Trust. Cgmpllanc,o With Governmental R•quiremonte, Grentor shall promptly comply, and etitll promptly cause compUance by all agents, terienlS or other parsons or entities of every nature whatsoewr who rent. leaH or otherwise use or ocoopy the Propi:rty in any manner, with all laws, otdin;1m;es, end re9uh1tions, now or heteefter In 111.!ect, of ell QOvemmenttil a1.11horltles applh,able to Iha ueo or occupancy of tha Properw, Including without llmltullon, the Americans With Dlsobllltion Ac1. Orantor may contest in good l1i1h any such law, ordinance, or regl.llutlon and withhold compliance durlng any proceeding, including appropriate eppHI&, $0 long as Grantor llas notlflilld Lendflr in wrtttng ptlor to doing so end so long as, In L.endtr'li sole opinion, Lender's Interests in the Proporty ere not jcopwdlzad, Lendor moy raquire Granlot to post adequete security or e ewety bond, raesonabl)' s.allslactory to Ltmder, 10 prolect lender's inlvrest. Duty tv Ptotecl, Gra/11.or agrees neither to abandon or leave un11ttended the Property. Granto, shall do all other acts, In ~dditlon to those ac:ts H1 forth above In thl• ssctlon, whtch from thv ch11n1cter and use of the ?roPGrtY are tes.aonably nace.sHry to protect and pre.serve the Prop1:1rty. DUE ON SALE· CONSENT BY LENDER, I.ender may, at lender's optton, !Al declare immodietely due 1:1nd Pl'fSble ;1!1 sums sacured by this Deed ol Trust or (Bl increase the Interest rate provided for in the Note or other document evidencing the IJ1deb1edn81s end lmpolfl &uch other conditions as lender dnms appropriate, upon the sale or uansfar. wlthOut Lender'• prior, written conssnt, of an or any part ot lhe Reel Property, or any lnterell In the Real Pr0pertv. A "aele or 1ranufer'' means the conveyance of Roal Property or eny right. title 01 in1ereat In the Real Propeny; who:ther leget benetlcl~ or equitable; whether v111h,1ntory or Involuntary; whether by outrighl sek:I, deed, lnatellment 1ale contnr,ct, land contnict, conlrticl fot deed~ l1111118llold inttirHt with a term Qree,ter than three [31 y1ar!ii, lease-option contract, or by sele, as3ignm1mt. or transfer ot &'fr/ beneficial Interest In et to anv l11nd tn.1111 hokllng title to tJle Reel Property, or by any other method of convey1mce of .an lnternt In the Real Propar1y. If any Grentor Is, e ccrpotatlon, partnerahlp or llmlted JIBbl1i1y companv, transf'lllr 211,0 lncluOOS any change In ownerehlp of morti than twentv-fMI percant 125%> of tho votin9 stock, partnerU!ip lntlflil&ts or limitw liabUlty compeny interests, as th11 ease may be, ot such Grantor. However. this DEED OF TRUST (Continued) option shall nol be exe·rchsed by lender II such exercise is Prohibited by fede111l low or by Washington law, 20071221001248.003 Page 3 TAXES AND LIENS. The foltowlng prov»iont relating to the taxes and liens oo the Property are part of 1h18 Deed of Trust: Payment. Grantor ahEtll pay when dulil lond In all 11wnta prior to dallnquencyl 1111 ttD:ea, apeclal tDJCes, Naesamen'ia, cher!;1(111 \lnclucllllg watillr and sawer), fini:ie and imPo$hlons levied against or on 11caount of ltl& Property, 1md shall pay Whan dw all claims for work done on or tor sar\llces rendered or materlat furnished to ttrn Property. Qremor ahall mainu1in tho Propcirty lree ol 1111 liem h11ving priorltY over or equal to the lntere1:11 of Lender und1:1r 1hia Deed of Trust. except for the lilJTI of talCGII and aS1111Kments not due, e:iu;:&pl !or tt'le Exi11\ng Indebtedness rufsrrad to below, and aXCflpt H otherwise pro,..lded lo this Dud otTru&t. Right to Contest. · Granto, may withhold paymant of llny 16X, assasament., or claim in connectli;in with a good faith dlspule over the ob!iga1Jon to IUIY, so long as Lender's lnteres1 In the Property is not Jeopardi.atd. If a liert arise& or is mod as II r111ult of nonpaymllflt, Gran1or shal wi1nln flft11el"I (16! da'f$ after the lien erfses or, If e lien 18 filed, within fifteen !16) days ahar Grantor has notice of the filing. secure the dlscherge of the lien, Dr if requestacl by Lender, deposit with Lender cash or II surficlent corporat11 1uret)' bond or i;ither security S1tl1f1ctory to Lerider in an amount sufficient to dlsch11rge the 6en pl11& any 00111 end 1rttomt1ys' ftin, or Qther chargea lhet could accrue as a result of a foreclQSUflll or sale und8f the lien. In 4ny contest, Grsntor .shall defi=nd \tsalt and l.end11r 11nd shall satisfy •ll'f a:Mlrse Judgmant l:lefora entwcament egalnst the Proparly, Gran1or shell name Lender as 11n sodition!II obllga1:1 under IJ\y ,uroty bond turnl,tmd in the contalt prooeedlnga. Evidence of Paymem. Grantor sluriM upon demand fumilh to Lemler ntl&lectorv aYklenee of pavment of the texes or asaeaaments and shall authorize U111 11ppropriate govarnmentel offlclal to ®liver to Lender at pny time a written statement of the taxes and aeaenmet11s against the Propi,ny. Notice ol Constructloo. Gran tor shall notify 1-ilnder at feHt fifteen C161 days beforo any work 18 commenced, any servicea ere futnlshed, or anv mat1ilrial8 are supplied to tl'II Property, If any mechanic's lien. meierlalmen's lien, or other nan could bo asserted on ao~ount of the work, Jllrvicae, or mat1ilrl.ils. Grantor wlll upon request of Lerdar tornisfl to Lander edvance DS&uraneM satlsfaotory to Lender tlwt Orantor can and wlll pay the cost of such Improvements. PROPERTY DAMAGE JNSURA~. The lollowln9 provisiona: ralatl~ to Insuring the Proparty are a part Of thls Deed of Trust. MaintenBr1cr.t of lnsurenca. Grentor a.hell procure end malntaln pollcles of flra iMutance with ,tsndlll'd extended c!JV'Jtage endortement& on a roplac1ilment basie far the full lnelJl'able val1,1e covering all Improvements on the, Rut Proporty In an amount wffieiMt to awld application of any coinsurance clause, and with a standard mortgagn ela\ln In favor of lender. Grantor Bhall alto pn;,cure end m11i!nt11ln col'l'lprehemslve general liablBty lnaurenee ln such covt1rege 1N110Unt1 11 L.ende, may roqueat WIii\ Truttee and Lender belng mimed as IKldltlonal insureds 'In such liability !Mtlranoe poncie&. Additlof11lly, Grantor ghel maintain auch othlJF' Insurance, including but not limited tc haio1rd, business lnterruptiot1, and boiler 1os\lrance, as Lender may reasonably l'BqUire. Policies shall be wntten In form, amountt, cowniget; and ba1l1 rcnonably acceptable to Lender and Issued by e company or companlH rea~om1bJy aCCEtPtable to landar. Grantor, upon request of Lender, wltl deliver to l9flder from time to time tha policln or cenltlcatee of Insurance In forrn Htistactory 11;1 Lander, including ~tipulatlons UVJ.t coveragetc wlll n,;it be cancelled or dlmlnlahed without at leHt thirty (30) daYt l)rior wrinan no~ica to lender. Each lnaurance policy also shal1 lnc1ude an endortcment provldtn9 that ooverage in h1Yor of LendlN' Wiil lW1 be Impaired In uny way by any act, omission or dsfault of Grantor or any other person. Should the Reel Propeny be located In en area designated l:ly Ute Director at lhe Fader,1 Emergency Management Agency aa a spacial flood hazard ereo, Grantor agrees to obtain and inalmaln Federial Fload lnsu1anc,, If evallable, within 46 days afler notice la given by Lend11r that the Property b; located In a special flood hexerd erea, far the full \lnpaid principal balance of the 10811 and any prior liens on the property securing the lopn, up 10 the maximum poUcy llmlU sot unde1 thti Noti1;1nal Flood lMtlrancs Prog,rsm, or as otherwil:e roqulred by lendl)f, ond 10 maintain such inswan<:e for lhe term of thci lo.an. Applittltlon of Proceeds. Grentor ahall promptly notffy Ltinder of any Ion <1r dsmage 10 the Prciperty. Lender m~ mako proof of l1m1 If Granror falls to do so wilhln fifteen 115) days of the casuelty. Wheth1u or not Lender's security Is lmpelred. lander may, at Lerider'a elecllon, 1ecalve end retain the proceed, of any insurance and apply the proe1:1eds ro the raductlon of lhe lndebtednaes, peym,nt of 11ny lien affec1lng the Property, or the restoration and repair ol the Property. If Lender elects to eppty the prooeeds to restoration end repair. Grentor shall rep;,lr or replace the damaged or destroyed lmprovementa In a manner aetlstaotory la Lender. Lender shall, upon setlsfactory proof of .._.ch 11xpandlture, pay or ratmburM Grantor from the proceeds tor tho re1111oneble cost of repair or reatoraiion If Gr11ntor la not In detoult under this Deed of l'Tu5t. Any proceeds which have not been d1sbuned within 180 days after thelr receipt and which Lender haa not commllled to the repair or resto,atlon of the Proparty ahall be used first to pay any amo1.1nt owing to Lender under this Deed of Trust, thon to pay accrlJtld interest, and the remainder, If any, shall be appied to 1ne prlnclpot balenca ol 1he lndebtednen. If Lender hold, any proce111dl; attar peymenl b full of the lndabt,dness, iUCh proceeids shell be puid without interest to Grantor p Graritor's Interests may appear. Compl1111oe with Exla11ng tndabtedneu. Durin9 the perlod In whioh any Existing lndebtedr,ess described be.low is in effet':t, compliance with the Insurance pro11l,iona conteined in the lnstNmt1nt avldsncing such Existing Indebtedness aha!! constitute complh1n,ge wilh the lnsurenoe pro,..Jskins under this Deed of Trust, to 1h11 extent compll111nce with the terms <tf thl1 Det1d gf TMt would corn1tllute II dupllcetlon 01 inaur.Qn<:0 requirement. If any procee~ from tlUJ iruiur1net1 become peyeble on loas, the provisions in 1hi5 Deed of Trust tor dMalon or proceed, 5h8H apply gnJy to that portion of the proceed, not payable to the holder or tha Existing lndebtednon. Grimtor's Report on ln1urt1.ne1J. Upon request ol Lunder, however not more then once a vaar, Grantor 3hsll tumlsh to I.under a ri,po1t on e11tCh e,clstir'IQ policy of Fl11urance showing: (1l the numc of Iha lnaurer; 12) the risk& Insured; 131 tha amount of the policy; [4) the l)roperty Insured, the then current rttplacem811t vslUe or such property, and th111 manner of determining that 11alue: and Iii) the expiration date of the policy. Grantor shall, upon reqUast of Ulnder, he'lil an independent appralller s11tlsfac1ory to Lendor determine the c1111h value repla~ment co&I of the Property. LENDER'S EXPENDITURES. II any action or proceeding It COl'Ylmenced that wauld matartally affect Lander's interHt in the Property ot if Grantor 1aib ta camply with any provision of this Deed of Trust or ony Related Documents, including but 11Dt limited to Gnmtor's f111lute to comply with any obligutlon to mulntaln Exls1ln9 lndebtadnen in goad ltandlng es required below, or to dlschar11e or JHI.Y when due any amounts Granlor la required to discharge or pay under this Daell of Truat Qr any Rslated Documentlil, Lender on Grantor's behalf may !but st\811 not be obligated to} take 1iny 11ctlon that Lendor dsems epproprlate., lncludrig but not llmlted to dlleharglng or p11yif'IQ ell lei,:e,s, Hens, security lntares1e, encumbronoet and Olher clalm,, at any tlma levied or placed or, the Property end plllying ell coat& for insuring, melntelnlng end presi,rving the Properly. Alf such expendit!Jres Incurred or paid by Lender for .such purpose& will then b11ar rn11:1rest at the rate charged undar the Nola from tha dat, lncUll'ed or paid by Lender to the dste of rapavment by CJrantor. · All such e)(penses win bcicome a part of !he lndebiednese and, et Lendlilr's option, will IA) ba payable on DEED OF TRUST (Continued) 20071221001248.004 Page 4 demand; U,t be added to the ballmce of the Note and be apportioned among and be payable with any !nstallmen1 paymerrts to booome due during either 11) 1he term of any applk-able Insurance J)illicy; or (2} 1he remaining term of 1h11 No«!: or tCJ ba 1reated aa a balloon paym11m which will be due and puyable at the Note's maturity, The oeed of lru&t alaco will secure payment of these amounts. Such right shalt be In addition 11;1 all other rights and remedies to which Lender may b1;1 entitled upon Dera111t. WARRANTY: DEFENSE 01' TITLI!. The following promions reht11ng to ownership 111 ttul Property are II part of !hi& Deed gfTrust: 'ffthJ. Grt1ntor warrants. that; [al Grontor holds good end marketable title of record 10 the Property in f13e simple, rree 1md chnr of all Ilana ar'ld encumbrences othor Ulan those set lonh ln th!! Rsel Property desr:ription or in the- Exbtlng lndabtedn1:1:;.s &ecticm below or In anv t!1t. IMuranca pollcy, title report. or fin11I ,itle oplnlM Issued In r11vor of, and accepted by, Lender In conn11ction with thi15 Deed ol Trust, and (bl Grantor h1111 the full tight, power, and authority to n11cute and dellvsr thla Deed of TrlJSt to Lsnd11r. Defens1:1 of Title, Sub/act to the e~i;:epllon in thi, paragraph above, Grantor warrants and win fm1ver d11lend the tlUe to the Proper1y against tho lawfut clelms of aN peraooa. In the tJvent any action or proceeding ls oimtm&nGPd that queatione Grantor's title or the lmarHt of Trus,ae or tender under this Dead of Trust, Grantor shell defcmd the action at Grentor's expense. Grarrtor m11y bt the rn,iminal party in such J)JOoeedlng, but Lend11r shall be tintltled to partkllpine In tlir, proceeding ond to be reprHWltad In the proceeding by eouf\Set of L111nder'11 own choice, and Grantor will clelivor, or CIIUH 1o bG delivered, to Lender ,uch !n11trument11 ae Lender m11y request from time to lime to permit such participation. Complianoe With Laws. Grar.,or warrants that the Pn;tperty and Grantor's usa of the PrOJJartv compiles with ell axlitlng appliaable laws, ordlnonces, and regvlati<Jns of governmental authorities. Survival of ReprH"'1tationS lltfld Wwranties. An raprasentatlon1, wernmtlea, and agreements made bV Grantor In this Oetid of TruH shall .urvlve the CJliecution and delivery ol thi, Deed of Trust, ehell be continuing ln na1u,e, and eheQ remain In full torce aod e11ect i.mtll such time H Grantor'a lndebted1111188 shill be paid in full. EXISTING INDEBTEDNESS, Tl'le following provislom concerning Existing lndebtednaas are a pert ol thi, Dci:d ,of Tru~t: Existing Lien. The Hen of 1h18 Deed o1 Trust aecurtng the lndttbtednell8 mav la secondary and Inferior to an existing Han. Oranti.or expre11ly i:;ovanents and sgre111 to pay, or see K> the payment of. the Exlatlng ll'ldebttJdnass and to prevent anv default on ,uch lndabtednen, ar,v dafeult under the ln1trumenw evidencing such lndebtednen, ,;ir 1my default under 8fff security documents ror such indebtedneu. No Modlfk:nrtlon. Grentof shall not anter Into any agreement wllh the holdet of any mongeg,e, doed of tnlllt, or otl\er secLa"lty agreement which has priority over this Deed of Trust by which that a9ream1mt is modified, (lmandad, tJxtended. or renewed Without the prior writ1en cornrent of tander. Granter shell neither requast nor ac01tpt anv future 1dvancn under any auch aeclllty 1greement wltho\lt the prir;ir wrtmm cons11111 of LendQr. CONDEMNATION. Tho following provlalons relating to condemnation proceedings are a ptllrt of thia Doed ot Trust: ProcoDdlng1. It any proceeding ln condemnation Is filed, Grantor &hall l)l'omP1lv notify Lender in writing, and Grantor WU promptlV taka auch ,taps es may bv neoenary to defend tha actkm and obtain th& award. Granto, may be lhe nomlnal party In SU(lh proceeding, but Lender ,hall be entltled t!l participate in thll proceadin9 and to ba rapresemad In 1he proceeding by counsel of Its own choictJ ell at Gran1or'a expense, and Granier wlll dell"13r i.or cause to be deRvered to Lendor 11.1ch lnstr1,1ments and OOcumentotlon 11s rnay be reqoo1te<t by Lender from time lo timo 111 permit such panlcipattan. Appllcldl.,., of Net Proceecb. If an or anv pan of the Property le condemr,od by eminent domain proOfidlnga or by any proceeding er purchase In lleu of condemnation, Lender may at it, election require that an or env portion of the net proceeds of the award be epplled to the lndebttJdnesa or the repair or mi:oretlon of the Property, The net proceeds of the award shall mHn tha award after payment of all reesonable o0$t8, expenses, and attorneys' feea inourred t,y Trust9e or Lend.er 111 connection with the condemnation. IMPOSmON Of TAXES, FEES ANO CHARGES BY OOVERNMENTAL AUTHORITIES, The foltowirY3 pr'ovlslon, relating to governmental taxes, feea end chargae are II part of this Deed of Trust: Curnurt Taxlt8. F1.1e1 and Charge&. Upon request OV Lender, Grantor shall el11,1cu1e such document& In ;:iddition to this Deed of Trust and take wha1ever other action ia requested by Lender to perfact and continue Lende,•a lien on tlie Real Propertv. Grentor ahaa reimburse Lander for all taxes, aa dsacrlbed below, together with illll expends Incurred in n1cordi11g, perfecting or continuing this De,d of Tru:st, lnolucflng without llmltellon ell taxas, feH, documentary stamps, and other charges for recording or J'8'.IIGterlng thle OMd of Tr1.1&t. TIIXM. Thll following shall constitute taxe, to which this aectlon applies: O) a epecific tax ui:ion thl& type ot Deed ol Trust or upon all Ol any pan of ttie lndebtedr\85$ secured by thia Deed of Trust; 121 a -spac:Jfle tax on Gnntor which Or11ntor is authorized or required to deduct from payments on tha lndebtedneH aacured by th!$ type of Ooed of Trust: C3! a tlK on thll type of Deed of Trust <:hargeebla aga(llSt the Lender or the holder of the Note; and 14) e apeolflc tax on all or eny portlon of the lndebti!dnass or on pavmenta of principal snd Interest made bV Gramer. Subsequent Tlllllas, II BflY tax to which this section appne; is anac~d aubwquvr.t to the da111 of thie Deed of Trust. thi11 event shell have the same effect es an Everrt of Default, end Lender mey ellercise env or all of Its available rems dies for an Event of Default as provided be!ow unless Grant or either 11) paye tha tax before lt becom11& d111inql,llfflt, or i2) contasts tho tax 118 provlclecl above In the Taxes and Uens section and d11poalt$ with Lender cash or a sufficient corpqnti, ,un,ty bond or other securitv s11tlafacrory to t..ender. SECURITY AGREEMENT: FJNAI\ICING STATEMENTS, The following proVialon& reklting to !his Deed of Tn111,t H a security agreement ere a pert of this Doed of Trust: S.~urity Agl'Mll'l(IM. This lnatrumant shall conatltlJte a Security Agreement to the extent any of the Pl'openy constitutes fixturoe. end Lender &Nil have all of the tights of a sacurad porty under the Uniform Commercial Code ea amended ffom ,time to time, Security lntemt. Upon raqulttit by Lender, Oronto, shall take whatever action Is requested by Lender to perfect end continue !.ender's security in1&1aat In the Rants end Personal Property. In addltlon to recording this Deed of Truat In the real property recorda, Lender mev. 11 any t\me and without lurttiar e1Jthorlze1ion from Grar.tor, 1ila executed counterpruts, copies or 1'9prixtuctiom of th\e Dead or Trust as a llnanclng atatemont. Grentor shall reimburse Lender for all expenses incurred In perfecting or continuing this security lntereat. Upon d11l&1Jlt, Orantor shell no1 remove, sever 01 detach lilt Paraonsl Propsny lrom the Property. Upon de1ault, Granter shall aesemble ariy Person11I Property not affixed to the Property In e manner and at a piece ree,ooably COnVflnlent to Grerrtor and Lender and msko It avallabte to 1.tr.der within three (3) deys after receipt of written demand lr<Jfll Lender ti.. the extent parmftlQd by apPllceblo law. DEED OF TRUST {Continued) 20071221001248.005 Page 5 Addn111aes. Thq mailing addr&llllK of Grantor !debtor) and Leod,;ir (secured party) from which Information conc~mlOS,1 the lilHlurlty lnt1mtst granted by this Deed of Trust may be tiblalned [each a.1 requi111d by the Uniform Commercial Code) ll1'C aa stated on the flrlt pa9(I ot tnis Deed ol Trust. FURTHER. A&SVRANCES; ATTORNEY•IN•FACT. The following provlalons relatwlg lo fur1hltr anun1nces 11nd attomey-in-fact ore I par! of this Deed ol Trui;t; flnher AH\ir11l'ltes. At any tim1;1, and lrom time n, time, upon request of Lender, aranto.r wlll make, (U(et:Uta and d8flv6r, or wUI cause to be made, exei;;uted or delivered, to Londer or to Lender's dHiyrnt&, end when requostad by Lender, cause to be f~ed. recorded, raflkid. or rerecorded, n the can may be, at such times and in euoh off1c011 and places as Lender may doom appropriate, any and an such mortgagu, deeds of trust, security deed&, security egrecmen1s, lll'lllnct,\g stzitt1mante, continuation statement,. lll'Strumen111 of furtMr 11n1,1rance, cen:ilicatet, erid other documents n may, In tho 11ol11 opinion ol Lunder, be neceesary or de&Jr'abkl In order t11 e1leci11..1a1e, complete, perfect, conlinue, or pt"aserve (1) Granter'• obigatione under 1h11 Note, thia DNd ot Trust, end the Related D0c1,1mant1, end (21 the Ilana and security ln111rea1s creeted by this Deed of Trust on the Property, whether now ownod or hersaflM ecquired b)' Grantor, Unless prohlblled by law or Lender egreea to \he conttlll'V ln Writing, Gnntor snllll relmburst Lender kir all coats and axpanaes incurred ln connection with the m111tten1 referred to In thle p.11nigraph. A.ttom.y-in.fllc:t. It Gran1or fal!e to do .ony of th& lhmgs referred ta in the preceding paragraph, lend11r may do so for and In the nama of Granlor and et Grentot"e axpernie. for such p...-pose,, Graritor hereby Irrevocably aJ)po!nts Lend:tr as Glltrrtor's ettartw"l·ln-lact for the -purpoee of making, Gxecuting, dellverlng, ff!ing, racording, and doing .1111 other things " may be necessary or dcsJrltbla, In Lender's sole opinion, to aocompll&h tha maners relarred to In \he preceding paragraph. FULL PeRFORMANCE. If Grantor pays all the lridebtednaH when due, Olld otherwl&G performs ell !he obllgatlona lmpoeed 'Upon Grentor under this Dfled of Truet, lender shall execute and deliver to Truswe a request for full reconveyanoe and eh all execute Bfld deliver to Grantor JUlt11ble statements of termlnatlon of any flMllclng ata181T\41n1 on fUa evlcle~lng I.ender's aecurtcy lnt~roat il'I the Rants and the Personal J>rof,ltrty. Arrt teconveyanca far.t shell be i:aald by Grantor, If permitted by ai:apUoable IIW'. The grantee In any reconvayance may ba described aa thG "pal'SOn or pen,ons legally antltled d,eretos. end the recitals in the reconvayaricv of any metter-1 or facts shall be conch,1$lva proof 01 the truthfulness of any such mette:11 or facts. EVENTS Of OEFAULl'. Each of the killowlng, at lender's option, shall constitute an Evimt of Dah1ult under this Deed of Trust: P11Y111ant Defautt, Grantor falJa ta make any payment when due under the lnclebtedno,~. OthOC" Defeulls. Grentor faffs to comply with or to perlorm an-y other term, obl!gatlon, covananl ot ool"ldltlon con1nlnao In this Dead of Trust or In any or 1h11 Releted Documents or to comply With or to perform anv term, obllgstlon, oownnnt o, QOl'ldltion contained in any other &gl'flement betwean Lender and Gfa1110r. Complanc• Defai.dt. Fallura to oomplv with any oilier t11rm, obligation, cownant or condition oontolned In thla Oaod ol Trust, the Note or In any of the Related Doevmantll, Oat.ult on Other Paymen'lll, Failure of Gran1or within the time required by thiJ Deed of Trust to make any pevment lor t&Xea or lnsurar,oe, or any othar payment neceanry to prevent fiNng of or to effect o'lachlll'ge of 11ny lien. Defllill1 In Favor ol Third Partie11. Should Grantor default uncl•r 11ny loan, extenalon of oredl!, securltv agreement, pwchase or salei agreement, or any other 1greemont.. in favor ot arrt other creditor or person that may mlllerlaUy affe'ct .,-,y ot Grantor'-1 PfOPGrty or Grantor's ebillty to repay the lndabtednusm or patform their respective obligations und8f this Dead of Trust or any of the Related Documonts. False StBUmantl. Any warranty, ~pr'Ofen1etion or statement made or f1,1milhed to Lend9r by arantor or on Gran1i;,r's bahall under this Deed of Trust or 1ha Related Oocumenta la !else or m!sJeeding In anv material respect, eltfw1 now or et tlle tlm11 made or furnished or becomes fain or misleading et anv time thereafter. O.f.ctlve Collateraliietion. Thi-I Oaad ot Trust or any of the Related Dooumenb co11&83 to be In full loree and affect Uncludlng faHure of any collateral documant to create a valid and perfected security' k'ltereat or Hen} et anv time 'lmd for anv reaaon, Death or l~otwnoy. 1111'11 dluolutlon of Grantor's lre911rdlesa of whether election to continue is made!, :imy member withdraws from the Hml1ad llabl6ty compel'\Y, or any Other termimition of Grantor's axistance as a going business or tht, d~ath of any m11mbtu', the lnk>lwnc;y of Grefltor, tl'le appolntmant of a receiver for any pall of Grantor's property, any assignment for the benellt of creditors, al'ly t~pe of creditor workout, or the commencement of any proceeding under any b•nkruptoy or insolVency laws by or agelnat Gr81'1tot. Creditw or Forfeiture Pr01.11ecfinp, Commenoement of loraolosure or forfeltt,1re proceedings, whether t>y Judicial proceeding, self-help, reponB~ion or eriy othBr method, by any credilot of Grantor or bV any governmental 11gency egalnn any property aeourlng 1h& lndebte<:lneas. Thia lnch.rdas a garnishment of any of Grantor's aCCO\JntS, inck.ldlng dGpollit accounts, wllh Lender. However, thi& Evant of Dofault shell not apply II 1here la a good faith dlei:i1,.1te by Granter as to the validity or reasonabltlnns ol the claim whlch is the basl, of the, eraditor or forfeiture PJOi;11eding and ii Grentor glVClll Lender written nollce of the cre<lhor or forf,ltwo prooeedin!II and dapaalt& with Lencfor rnoniae or_.• 11urety bund for the creditor or forfeitura ptoct'lfld1ng, in 11n amount determined by lender, in !t11, sole di11C1eti0n. es being an edie,quote rese~ or bond for the dispute. Brn1.h of Other A9111111T1t1nt. Any breach by Grantor undar the terma of any other agrHment between Grantor and Lenc:ler that Is not remedied within any ~rDCQ period provilkld therein, lnc1utfing without llmltGtlon any agreement conc~nlng any lndebtGdnHS or otbu obHgation ol Grentor to Lender, whether axls1lng now or lalt1r. Eventa A.ffacting Gu•niQtor. Any of the prQceding events occur! with respac1 to any GuCllt'entor o! llny of thtl lndel;ltadness or iiny Guerantol dlee i;,r 'becomes Incompetent, or nwol«la or dlsputag the validity of, or llebllity ullQB!', 11ny Gu8JiNlty cl thG lndeblednen, Advenle Changt,,· A matt,riel-adverse chpn911 occurs in (lrentor'a llnanclel condition, or Lender bolkiv11lf the proAl)ilCI of payment or p11rformence of the Jndebtednees la lmp11lred. E,;i11ing lndebtirdnns. The peym11nt ol any Installment ol principal o, any in1e,est on the Existing: lndebtedneu Is net made wlti'11n the time required by tho promiasory note evidencing euch Indebtedness, or a deraun: occurs under 1h11 Instrument &oourlng such indebtedneu and Is no! cul'W during a11y applicable grece period in euch Instrument, ot 111,nv suit or Qthar acdon Ts comm111'1Clld ·to foreclose any a:dsdng lien on the Properly, Rlgtit to CUta. If Pny delault, other tha11 a default in puyment Is curable and If Gr11ntor hea not b89n given e notl~ ot a breech of the nme provision of this Deed of Trust within tha pteoedlng twelw (12) moml\:I, it mev be cured 11 Griintor, aftvt reCelv1ng wri11en notlca from Lander <!emending cure of SIJCh dateull: 11) cures the default within ten 110) daye; or .121 If 1hll cure raQuires more than ten !101 days, imn'l$dlately Initiates steps which Lender deems DEED OF TRUST (Continued I 20071221001248.006 Page 6 In Lender', sole dilicretion to be &ufflch:mt to cure the lklleult 11nd thereafter continues end completes eH reesonel;lle and nacesHry steps suf11cl1:inc to produce oompll&rx:11 ea soon, es rcesonably practical. RIGHTS AND REMEDIES ON DEFAULT. It an Event of Default occurs under thl.s °"ed of Trust, et 11ny Clme theraefter, TrustH or Lender mev exerciie any one or more of the fonowing rlghta and remadlea: Election of ~medin. Election by Lendor .to pursue 11ny remedy shall not 1:111clude pursuit of 8flY other remedy and an election to make expundltura& or to take action to perform an obUg11tion of Gtantor 1.mder this Di,ed of Trust, after Gr.antor's failuro to petfotm, shall not affect lend111'a right lo declare a defllult end el«lrcise its remedies. Accelerate lnd11bMdneu. Lender ahall htlvo 1he right at ftl option to dec!are the entir9 lndeibtednese lrnme1:tiately due end payllbllt, including llnY prepayment permfty which Grantor would be required to pay, Forofflinuni. Wilh respect to all or any pert of Iha Real Property, 1h11 Trustee ~heR have ma right to exorci:n, its power of solo end to foroclo,e by notice and sale, and Londer shall have the right 10 foreclou by Judicial forecll)5.uro,, In either case in eccordMne With and to ttle full e)ltent provided by applicable law. LJCC Remedios. With respect to aU or any pert of the Pereomiil Property, Lendor shall hllv11: all the rights end remedies ol II secured psrty under the Uniform Cornmorcial Code. Collffl Rontl, \.ender shell l\a\111 UlO right, without notice to Grantot to take po111sessloo of end menage the Property end collect the Rema, Jncludln9 amounts past due ~d unpaid, end apply the net proceeds, ov11r 1111d above Lendw'e coste, a~lnst the lndabteclnass. Jn lunhtl~not of this right, Lendcir may require any tenant or other u&&r of tha Property 10 make p11ymenu of rent or u111 fees directly to Lender. If the Rents ere collacted by Lender, !hen Grentor lm,vocably designates Lendor ss Grantor's ettom,.,y.in-faci to endorse Instruments !etlelved in pe.yment thereof In th, n•rne of Or11n101 and to negol1111e !he 111me and aollec1 the proceed,. P11vmen11 by ter\llnts or other vaer11 to lenOOr In responH to Lander'& demand ahall aatlsfy th11 obligatlo,u1 for which the pevment11 are mado, whether or not any proper grounds for tha demand existed. Lender may exsrcise Its right$ under this &Wparagraph alther In penon. by agent, or through a receiver. Appoint ftecailrtr, Lender a.haK havi: the righl to havci a receiver eippointed to take poaseselon ol 1111 or any part of the Prop13rty. with the power .to protect and preserve the Property, to operat11 the Property preceding or pending fomcloaure c;ir nle, end to aoUect tha Rents r,om ll'le Property and apply tnl proc11&ds, over encl ebovu the cost of the rocelverahip, ·agalrmt tha lndabted!"Mles. Tl1e raeeiver may serve without bond If permitted by law. Lender's tiQht to the ·appointment ot 11. receiver ahall exl11 whether ot not the apparent value of tha Property ei«:eeds the lndebtednaH by II sutHilantlel amount. Employmeni by Lender shall not &qualify a. pilrson from se,vlng as a receiver, Teminq-at Suflenlnoe, lf Oran10,-remains In pouession of the Propeny after th, Propeny If. &old '" provided above or Lender otherwlse bocomee entitled 10 poaseHion of the Property upon default of Grentor, Grentor 1h11ll become a \Onant·ei sufferance of Lender or the purchesar of the Property Ind &hall, et Lenr;lor's option, either [1) pav & re11:son11bl& mnt11l tor the use of Iha, Property, or (21 vacate the Propany lmmedlately upon the demand of Ler,der. Othot Aenwdle:s. TN11tae or li,nder shall heve ~my other right or remedy provided In this Deed of lrUJSt or the Note or aveilElble pt law or ln equl1y. Notice vf Sele. lender shall glve Gramor reasonable notice of the time and pll1oa ol any pvbllo &S!o ol tl'le Personal Prop11r1v or of tho time at1ar Which any privet& 11ale or other int11nded dlspo1oltfon of the Penonal Property is to be mad?. Reaeooeble notk:11 5haR mean notice given at least ten 110) days before tha tlme of the sale or disposition. Any sale of the Paraonal Property may be mad111 in co1'!unction with any BBi& of the Real Property, Saht of u,e Prop1U1:y. To the fl'ltent permitted by applk;able Jew, Grentor heroby walws env and &II rights to ha111:1 the .Property marshalled. In e:,cercising. its righlB and rernodlBII, 1118 Trustee or Lander afulll be lree to sell &II or env pert of the f'ropartv together or &epu11tely, in one sale Qt' by aep1ra1a salsa, Lender shall be entitled to Oki at any public sale on 1111_ or any pottion of the Prop11rty, Attorneys' Fees; F..xpensn. !f Lander lhstlt\ltts .einy 8'.lit or .action to enforce ei11y of the terrm of thla Dited of Tn.111t, Lend<lr shall be entitled to recover such sum e11 the court m11y adjudge renon11ble es attorneys' fees a1 trlal end upon 11ny ,ppttel. Whether or nQt any coun "°tlon ia involved, and lo the extent no1 prohibited by law, all reuonabla expsnse:s Lendor incur, that hi Lender'1 opinion a,e n1tce1ury at any time for tha protecllon of its interoet or thlt eriforcement ol Its rights 8hatl become a pert of the lndebtedn1111a payabla 011 demand and shell besr lntemat at ttie Noto rate rrom .the date ol the e>Cpendltur1t until repeid. E,cp11nsea covered b-y this paragraph Include, without Hmitetlon, however 11ubject to any llmltB under 11pplc11ble law, Lender'a attorneys' teea and Lamk1r's legal expanses, whether or 1101 there le e lewauit, including enom8'(8' lees and e>Cpel\588 for bankruptcy proaeedings Un~ludlng elfort1 to modify or vecate any autometic stay or injunction), appealf., and any enUcipated post.judgment collection survlces, the tosl of_ .aearchhg records, obtaining tlt!e reports (inc[udln~ foreclosure reportel, s1,1rveyurs' reports, and appralaal teaa; litla lnaurance, and fees for the Trustee, to the extent permittad by appllc1tble law. Greirl.iot also will pay any coun co&tl, ln addition to all other sums provided by l~w. Rights of Trust.,, Trustee .shall he'IB all Of the rig ha and duties of Lender as aet forth in thiB seclloo. POWERS AIIIP OBLIGATJONS OF TRUSTEE, Th1t followlf'g provision11 relllt1ng to the power& and obfiga1/ons of Tr:zstee fpursu11nt to Lender's lrnitrucUons) an:, patt ol thla 011ed of Trui,: ftowe11 of Truatee. In addition to d power1 of Trustee 1riffl9 aa a matter of hlW, Trustee eh~II have the power to toke tfie following actions with respect to the Propeny upon the written reque&t of Lender end Grentor: (al join In pfflperlng and lllinQ a map or ·plat ol the Reel Property, Including the detfic1nlon of i;treets or other rlgh1a to the public; lbl Join In gr11ntil'19 any eu:ament or creating any n1strictlon on the Reel Propeny; 1111d (cl Join In any subordination or o,har agreement afti,ctjng 1h18 Dse-d of Trust or the intef8St of Lender under this Deed of Trust. ObJ198UOns to Notify, Trusteo $'1111 not be obligated 10 notify any othet party of a pending sale under 11ny 01her ,rust deed or lien, or o1 any ecdon or proceeding Jn whleh Grantor, Lender, or Trus1ee shell Oe a party, un~as rsquirs,;t by epPMcable lew, or unless the ac11on or proceeding Is brought by Tr~tee, TrustM. Trustee shall mem all qu•lificutlons raqulred tor Trustee tm08r applicable law, In addition lo the rl9hts and remedies eet lonh above, with r11&pect 10 all or lll)'f pan: of the Property, the Truatee shall have the r'9ht to foreclose by notice lllld tele, end Lender shell have the right to foreclose by Jvdiclel tor!KlloaUfe, in elthar case In accordanc8' with and 10 tha full extent provided by eppllcab[e law. Sui.csuor Truste6, Lender. st Lender's option, may from lime to time appoint II auccessor TrLIStee to any Trustae appointed under thls Dead of Ttust by an i111trument exe(luted and acknowled9ed by Lender and recorded in the offim~ of 1he recor<ler of KING Count'(, State of Washington. The inetrum&nt 11h1dl conlaln, in addition to eH other mlltters required by state law, the. neme11 of th1t orlglnel Under, Tr1J11tee, end Grantor, 1h& buok and p119e Of the Auditor's Flle Number where this Deed of TrU$t is raco~ed, and the name and 11ddress of lhe euccoss<tt m.istH, 11nd the Instrument shell bo executed end ecknowle(fged by lander or Its 1uccessors In Interest. The succeS&or DEED OF TRUST I Continued) 20071221001248.007 Page 7 oustee, without conveyane& of the Property, shall ,uc~ec, to al! the title, pow11r, Mid dutlH conferrad upon tha Trustee in lhis Deed of Trust and by epplionble law. This procedure for S\lb'1itution of Trll$tfle shal govern to tt,e exclusion of all 01het pro¥1siona tor ,1ubatltuti1;m. NOTICES, Subject to 11ppllcabl11 law, end axc:;epl 1or notice requi~d or allowed by law to be given In enothn mzinner, any notice requited to be glvan undor this Deed of Trutt, including without limitation any notice of di,lault ;ind uiny oolh;:1111 ol sale shall Ix! given In writln11, al'ld sh11II be effective when actually delivered, when actually root1ived by telefi'lo:iknile !unless otherwise required by h1wl, when deposited with II netlonaly ll!ODgnlied overnight courier, or, if ma,lted, when depoaited in the United Stetes mall, as tlrat class, certified or registered mall poatage prepaid, dlrocted to the addra.ne, shi;iwn n&ar the beginning of this Deed of Trvst. All copies ot notlcH of forocl08un1 trum the holder of anv lien which has pylorlty owr this DeeO of Tn.1st sh;III be 5ent to Lender'• eddren, 111 shown near the beginning ol !his Deed of Trust. Any party mev change 1111 addrna for notices under tl"lls Deed of Trust by giving tarmal wrinen notice 10 tile other putiea, specifying thl't the purpose; of the notice 18 to chenge the parly's addJesa. For flOtice purpD,HB, Grantor t111tees to k&ep Lander Informed atoll limos of Grantor'e currant eddrei;;s. Subject to appllceble law, and except for O!)tlce required or allowed l>y law to be given In another manner, If there is more than one Grantor, any notice given by L8fltler to any Granter is deemed to be nolh:e given 10 ell Granton;. MISCELLANEOUS PROVISIONS. The following miscellaneous pl'Clvlsions 11111 a pan of this Deed of Trust: Amendm.nt11. This Dead of Trust, togath"r with any Relatad Document,, consdtutas the entire undernendin11 end egreemenl or the parties as to thlil met111ra .ut fotth In this Deed of Trust. No alteration ot or amendment to thl, Deed of Tn.iat shCllt be effectiVa t.111Bn glvon in wrlt!rv and elgned by riw p1rty or parties 80llg1n to be ,;:h11rged or bound t,y the elten!llt!on or emendm,11111. Arlmtal Reports. If the Prop1trty !a 1.168d far pUl'poaee other ttn1n Grantor's r.isldenco, Qrentor shall lurnleh to Lend11r, upon requeet, a cltJtifhJd statement of net operstlog Income rllcelved from the Property during Gr11ntor"1 previoue fiscal yeBf In such fonn Bncl detaU ae Lender shall require. ~Net opi1rstlflg Income" 11hd mean 1111 cash rec~w from 1ha Property luss sU cash expenditures made In connaQtion With 1he operation of the Prop11rty. Caption Headfngs, CaP1lon headings-In this De11d of TrLISt er(! tor convenience pl,ll'pQSes on)y snd are not to be used to Interpret or dellno the pto"1$1ona of thla Deed of Trust. Merger. Th~ shell be no merger of the lntenu:it or estate craated by thia Deed of Trust with any othar lnte111st or estate In the Property at any time held by or for 1he benefit of Lender !n any cepecity, without the written consent of Lender. Govamff18 Lew. This Deull of Trust wiD be governed by t.dtrlH law appllcal>lu to t.endtr and, to the extent not prHmpled by federel law, the 111,wt. of the St11te of Washlng1on without regard tu ill ~onflhrt, Df law l)l'OYilions. Thb Ooad Df Tn111t ha b .. n acoopted by Lander in the State of W1111hington. Choice of VtnUIII. It thert i& e law1uit, Grentor e!Jl'OII upon Lender's request to submit 10 the Jurlsdlotion cl the courts of King County, Slate of Weshlnglon, No Welver by Lender. Lender shall no1 be deermid to have w11ived any rights under thi11 Dood ol Trust unlllss. such walv'"' I:, givun In wl'ltlng .11nd signed by lendet. No delay or omlnlon on the pan of Lendef in exercising any right shell operakl H :, waiver of aUch r~ht or any other right. A weiver by Lender of a provl&fon of this Deed of Trust i:ihall not prejudice or constitute a welwr of Lender's right otherw1H to demand strict compllenc& with that provls!Qfl or sny othl!lf provision Of this Deed ol irust. No prior waiver by Lender, nor any course of dealing between Lender ,11nd Gnmtor, 11he!l coogtltute a waiver of any oft.ender's righte or of any of Grantor's obligations -, to Bny turure trenBKtlons. Whenever the consent of Lender Is required 1,inder this Deed of Truat, the granting of 1uch consent by Lender in ~mv int1tence shall not constitute contlnUiflg conHnt to subs«luent !nstlnces where such consent is requlrad and In all casee 11uch consent may ba gr8f'l1ed or wlthheld in tha sole dlscratlon of Lender. Severablffty. If a court ol competent Jurisdiction finds any provl,ion or thla Deed of Trust tQ be ftlege~ Invalid, or unenfarceeb!G ff to any circumstance, trnll finding shell not make the offending l)l"O'>'lslon illegal, lflvalld, or unenforceeble &Ii lo ,11ny other clrcumatanoe. It fe1alble, the offending provision shall be con&ldered modified so tmt,t it becomn legal, valid and enforc11ebte. lf the offending provision canno1 be 110 modifle<I, It shell be considered deleted from this· Deed of Trust. Unless otherwise required by law, tl'oe Illegality, lnveRdtty, w unenfoteesbHlty of 1111v provlsicm ol this Oesd of Trust shell not affect the legality, validity w 1tnlorce11bility of eoy oth9r provision of this D11ad of Trust, Sucee11aors end AHlgm, S1Jbject to any limltetlone staled in 1h11 Deed of Trust on 1rans1e, of Grentor'a lnteresl, this Deed of Tru,it ,hell be blndlng upon 11nd inure 10 the benefit of the p,artle:s, their succeseOl'3 and assigns. II owne!'Shlp ot the Property IHlcomes ve:sted in e pen1on other thar. Grantor, Lentler, without noilco 10 Ort1ntor, may deal with Granter'• eucceaaora with refe«ince to thia Oeed ot TJ1.1St end !he !ndebtednen by WIN ol torbeerance or 11xt1tn1ion wllhout ruleHlnw GranliH from the oblige1loos or 1hls Deed of Trust or Habllitv under the lndebtednoss. Time W of the Euance, Tlmll is ol tne essence 1fl the perfo«tlence ol this Deod of Trust. WalY11r of Hom11,tead Exemption. Gremer hereby releases and waivee ell rights end beneflls of the homestaad eJ<emptlon laws. of the State of Wsshlngton as to aU Indebtedness Hcured by this Deed of Trust. DEANlTlONS, The tollowlng oaphellzed words end ter!TIII ahlill hew the following me11nlnga when used in thl:s Dead of Tru,1. Unless 1ipecit\c::1lly st11ted to the contrary, all referern:es to doQ11r amounts eh&H meen amount~ ln lawful m,;,,,.y of the Unitetl StatBII of America. Word, and tetms used In 1he slnguler shall include the plur-111, end the plurel 11halt Include the singular, ns the context may requl"I, Woros and terms not 01nerw!ae dofined ln this De11d of Trust shell have the meaning, eltrlbuted to such tenns in the UnifQrm CommercWII Code: B•m1flciay, The word "Beneficiary" means fn;mti1;,r Bank, artd it& suocanors •nd .. ,lgnP, Boirower. The word "Borrowor• meens O'FARREU. PROPERTIES, L.L.C. end Includes ell co•slgnefli and c<i-meke" signing Ille Nol& end &II lh9!r ,ucceisors end aaslgns, Deed of Trullt. Tha worde "Deed of Truat• mean this Deed of Tru:st emong Grentor, lender, 8'1.d Trustee, 11nd inctw:Se, wllhoul limitation 1111 e11lgnment 8"1d eecurlty lnt1:1rest provisions reletlng to the Pel'eoMI Property end Rents. D•fault. The word "Dereult" means the Default Ht fonh In nils Deed of Trust In 1he &ecitlon titled •oafauh". Evant of Defa1'1, l'h• word• "Event ol Defsu!t" meen eny ot the evunls ol detfou1t set fonh In 1hl:s Oead of Trust in the evems of dslault e:11ction of lhi, [)(led <If Trust. Exi1111ng 1mtebtedna11. The words "E>1latlng lndebtednins" m1111n the lndebtedn11H described in ths Existing liens provision of thle Deed of Truet. Gr11.ntor. The word "GraDtor" means O'FARRELL PROPERTIES, l.L.C .• Guarantor. The word "Guarentor' means eny ~ueren1or, surety. or ecoommodatlon party of any or all of tho lndobt11dMSS, DEED OF TRUST (Continued) 20071221001248.008 Page 8 Glllinmty. The word "Guim:inly" means the gu.irPnty rrom Guarantor to Lender, including without limitat\on e guaranty of 1111 or part Q1 tho Note, lmprovemenu, Th& word ~1mprov1:1ments" means all existing and fu1UM.I tmprovementll', bullding11, slrl.M:ltures, mobiht homes affixed on the Rnl Property, facili111tll, additions, replecements ;i;nd other constrLICtlon on the Rei!d Prop1n'1y. lndebtednne. The word ~1ndebtednen• means all principal, lntllrelit, and other amounN, com end 11ltpensea payable under tho Now gr Rolated Documenw, together with all renawah1 of, axtvnsions of, modlllcetlona ol, consolidetione of and aubatitutlona for the Nola or Related Oocumente 111d 1my 11maun1s eMpended or advanced by Lender 10 discharge Grantor's obHgetiona or expeNe~ incurred by Trus1ue or Lender to enforce Grantor's obHgatlona under 1h11 Oeed of Tn,1at, together with Interim on such amour.ts as provided Ir. this Deed of TNst, Lender. The word •Lender" means Frontier Bank, i[s s1Jccessors and assigns.. Note. The word 'N01a" metin:s the i:womlssorv note d~ed Dooember 21, 2007, In the otiglnal principal amount of $350,000.00 from Gnmtor tc Lander, togethe:r with all renewall of, 1atxtenslons of, modifications of, reflr,1nclng1 of, conaotldetlons of, and l1Jbatit1Jtlon1 for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLi. lNTERliST RATE. Perwnal Prop1rty. The worda •fBl'aonal Property" mean all equipment, fbcturBB, .end other &nk:IOS or p81'11onel proporty now or heni:a1Nr owned by Granter, and now or hereafter attsctu,d or affixed to the Real Property; toga th• wilt! all IC<lenlon1, portt, and addltlona to, au replaoements of, and an eubstltutlons for, eny of such property; and to;othtlr with alt tasuaa and prollt1 thllreon amt pro,ceeds Unclud!ng wlthoul !lmllaUon all Insurance proceoda and refunds of premiums) from any 11le or other tfllf]Olitlon of thil Prop&rty, PrOP1)rty. The word •Property" meal"IS collectlv111ly the Real Property 1md the Personal Prof)erty, RNI Prop11rty. The word, "Real Proparty" maen th11 real property, lnt1,rast11 11nd ri9ht1, as lurther i;lucribed in ttlia DeOO of Trust. Relal3d Documtmta. The worda ~Ael11t1d DC1Jumanta" 1T1&11n all promissory notea, credi1 agreement&. i"oiln egreemena. guanmUe11, security agrsaments, mort9agea, daada of trust, security deeds, oollaterfll mortgagH, and all other inftrvmenta, agreements and documents, whether now or hereafter exl,trng, exe<:uted in coMaction with the lndetitednes:a; provided, that th11 environmental Indemnity agreemants are net "Related Documenta" and are not ·secured by 1m, Deed ot Ttust. R1nts. Tilll word "Rents" meaml al present 11nd futl,ll't rents, revenun, income, lnue,, royalties, profits, and othnr blilnaflie derived from the Propanv. Tru:nea. The word "Tru$W:8" means Tr11n$n1Uion Title Company, whose malHng address Is 601 Unk:in Sqvant, Sui1o 1100, Seattle, WA 08101 and anv subs1ltut8 or successor trusteas. GRANTOA ACKNOWLEDGES HAVING READ ALL THE PRO\IISK>NS OF THIS DEED OF TRUST. ANO GRANTOR AGREl:8 TO ITS TERMS. GRANTOR: O'FARREU PROPERTIES. L.L.C, By: f ~ Autl\or1Hd Sliinar for O'FARRE L PROPERTIES, J..l.C, LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATEOF W'a.sw~ COUNTY Of e i t(LJ,.., }SS On this 21 sf, day o! , 20.0 7 . , before ma, l)le undersigned Notary PubUc, personally appQered , lij.flijg1u,( ffit t11bk of O'FARREll. PROPERTIES, L,LC,, and per$0nOII n 10 me or provud to me on Uie-be&is of ,;atisfectory eviclanca, to be e member or d&Signa1ed a;om of the llmllad l!eblllw company that executed Iha Deed 01 Tnl81 and 11eknowledged the Ooltd of Truat 10 be the free and volumery act atid deed of the limited liability company, b\l 8\lthorlty of st11tu1e, it1 articles of or9aniz11ion cir Its operntlni,i agreemenl, for lhe uses end purpoHs therein mentioned, and on oath stated that he or the is authOflzed 10 o,;ecute 1hh1 Deed of Truat end ln fact executad the Deed o! Trust on behalf of the limited ~:·9rp, ·hf::' m,w.o., ,~ft.. Notory P"ubllc In 11nd for t Std of~ Rei;ldlnf at 8~ WA My commiaslon expires s..-J'/-fJI DEED OF TRUST !Continued) 2007122100124B.009 Page 9 REQUEST FOR FULL RECONVEYANCE To: --------------·' Tniate& The unchmligned Is the legaJ own11r 11nd holder or al lndebtadnos, &r;K:ured by thla Dead of Trust. You ere hereby requested, upon payma.m or 1H 1uma owing to you, to reconvay without warranty, to the persons entitled thw&to, tile right, title end lntereet now held by you undar the O~d of Trua1. Dete: _____________ _ Berteflclary: ---------By, ______ _ ""------~ LASER PAO Lending, Ver. 6.39.00.008 Copr. Harland flmmc1al S0luitom1, lno. 1997, 2007. AU Rights Reserved. • WA C:\CA\LPL\G01.FC Tfl.-47870 PR-COMALOC .... 20071221001248.010 Order No. RT -1115259& EXHIBIT "A" PARCl:LA: lilAT PORTION OF THE SOUTliEA5T QUARTER Of THI: NORTHWEST QUARTER, AND Of GOVERNMENT lOT 4, SECTTON 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT TIIE QUARTER CORNER ON TliE WEST BOUNDARY UNE OF SAJO SECTION 18; THENCl; NDRTM 89'03'07" EAST ALONG THE EAST-WEST CENTERUNE OF SAJD SECTION, A DISTANCE OF 2,177.12 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF COUNTY ROAD NO. 80 (ALSO KNOWN AS 91" AVENUE SOUTH); THENCE ALONG SAlD EASTERLY MARGIN NORTH 11°05'23' EAST A OISTANCf Of 96.46 FEETTO AN INTERSECIION WITH THE NOKIHERLY MARGIN OF CEDAR RJ\IER PIPEUNE RIGHT OF WAY; THENCE CONTINUING AlONG SAID EASTERLY MARGIN NORTli 11'05-23" EAST A DISTANCE OF 413.11 FEET TO A POINT ON A LINE 406 FEET NORlH Of AND PARALLEL Wlltt TiiE NORTHERLY MARGIN OF SAID PIPEUNE RIGHT-OF-WAY; THENCE SOUTH 89'33'37' EAST, A DISTANCI: Of 133.97 FEET TO THE TRUE POINT OF BEGINNUIG; THENCE NORTH 00'26'23' EAST, A DISTANCE OF 165.59 FEET TO THE SOUTHERLY MARGIN OF SOUTHWEST VICTORIA STREET (ALSO KNOWN AS SOUTH !33'0 PLACE) 25 ff ET IN WIDTH; THENCE EAST ALONG SAJD SOUTHERLY MARGIN A DISTANCE OF 117 FEET, MORE OR LESS, TO THE WcSTERLY MARGIN OfTliE 0.C. MITCHELL ROAD; THENCE SOUTH ALONG SAID WESTERLY MARGIN TO AN INTERSECIION Willi A UNE THAT BEARS SOUlH 89°33'37' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89'33'37' WfSTTO THE TRUE POINT OF BEGINNING; PARCEL 8: THAT PORTION Of lllE SOUTHEAST QUARTER Of TliE NORTHWEST QUARTER AND OF GOVERNMENT LOT4 IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W,M., DESCRIBED AS FOLLOWS: BeGmNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN Of THE D ,C. M!TO!ELL ROAD WITH THE NORTliERl Y MARGIN OF THE CITY OF SEATTLE CEDAR RIVER PIPEUNE RIGHT· OF·WAY; THENCE NORTH 02'18'49" EAST 200.02 FEET; THENCE NORTH 89'51'11' WEST PAAAUEL WITH SAID NORTHERLY MARGIN 2.77 Fl:ETTOA POINT ON THE WESTERLY MARGIN Of RAINIER A\/1:NUE SOUTli (STATE HIGHWAY NO, S), SAID MARGIN BEING A 5,680.30 FOOT RADIUS OJRVE CONCAVE TO ntE WEST, A RADIAL AT SAID POINT BEARING NORTH 89'28'32' WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; TiiENCE CONTINUING NORTH 89'51'11" WEST, 156.11 FEET; THENCE NORTH 06'32'49' EAST 50,31 FEET; THENCE NORlH 89°51'11' WEST ll.68 FEET TO A POIN1' 128.40 FEET EASTERLY (AS MEASURED ALONG AUNE PARALLEL WITH SAID CEDAR RIVER PIPEUNE RIGHT-OF·WAY) FROM THE EASTERLY MARGIN OF 91ST AVENUE SOUTH (MINIER BOULEVARD) A5 LOCATED IN COUNTY SURVEY ND. 197 II,, JANUARY 1909; THENCE NORTH 06'32'49" EAST 157.14 FEET TO THE NORTHWEST CORNER OF TiiATTRACT OF LANO CONVEYED BY DEED Rl:CORDED UNDER RECORDING NO, 6469261; / .. ' 20071221001248.011 Order No. RT· 11152596 EXHIBIT "A"· Continued THENCE 50(11)! 89•52'13" EAST ALONG THE NORTH UNE THEREOF 144.18 FEET TO SAJD WESTERLY MARGIN OF RAINIER AVENUE SOUTH (STATE HIGHWAY NO. S); THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN AN ARC DISTANCE OF 206,24 FEET TO THE TRUE POINT OF BEGINNING; PARCELC: THAT PORTION OF GOVERNMENT LOT 4 AND OF THE SOUTHEAST \4 Of THE NORTHWEST \4 OF SEC110N 18, TOWNSHIP '3 NORTH, RANGES EAST, W.M., DESCJ\IeED AS FOLLOWS; BEGINNING AT THE POINT OF INTERSECJ'ION OF THE WESTERLY MARGIN OF THE D .c. MITCHELL COUNTY ROAD (RAINIER AVENUE SOUTH) WITH THE NORTHERLY MARGIN OF THE CITY OF SEATTLE CfOAR RIVER PIPE UNE RIGHT-OF·WAY; THENCE NORTH 02' 18'49" EAST 200.02 FEET; THENCE NORTH 89' 51' !l"WEST2.97 FEET TO THE WESTERLY MARGIN OF STATE HIGHWAY NO. 5 (RAINIER AVENUE); THENCE CONTINUING NORTH 89' 51' 11" WEST PARALLEL TO SAIO PIPE LINE RIGHT·OF·WAY, A DISTANCE Of 156.11 FEET TO THETRUE POINT OF BEGINN!nG OF THETRACT HEREIN DESCRIBED; THENCE NORTH 06° 32' 49• EAST so.n FEET; THENCE NORTH 89' 51' 11" WE5Tl43.50 FEET TO THE EAST MARGIN OF 91" AVENUE SO(ffi!, FORMERLY COUNTY ROAD; THENCE SOlJTH 10' 50' 46" WEST 50.88 FEET; THENCE SOUTH 89' 51' 11• EAST 147,30 FEET TO THE TRUE PDINT OF 8EGINNING; PARCEL D: THAT PORTION OF THE SOVTJ1EA5T ~ Of THE NORTHWEST 'A OF SECTION 18, TOWNSHIP 23 NOICTH, RANGES EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY MARGIN OF THE D.C. MITCHELL COUNTY ROAD, WITH THE NORTHERLY MARGIN OF TllE CEDAR RIVER PIPE LINE R!GHT-OF·WAY; THENCE NORTH 02' 18' 49" EAST 275.02 FEET; THENCE NORTH 89' 51' ll'WEST AND PARALLR WITH SAID PIPE LINE RIGHT·OF·WAY, 3.02 FEET TO THE WESTERLY MARGIN OF STATE HIGIIWAY NO. 5; THENCE NORTHERLY ALONG SAID WESTERLY MARGIN OF SAID OF STATE HIGHWAY NO. 5, A DISTANCE OF 75.01 FEET, MORE OR LESS, TO THE NORTHEAST CORNER Of THAT CERTAIN TRACT Of LAND CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 2716165; THENCE WEST ALONG THE NORiH LINE OFlllAT CERTAIN TRACT 163,04 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 06'32'49"WEST TO INTERSECT THE NORTH UNE OF THAT CERTAIN TRACT OF !AND AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 4018280; THENCE WEST ALONG SAID NORlll LINE, 128.40 FEET TO THE EASTERLY MARGIN OF HARDIE AVENUE SOUTHWEST; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN, 101.75 fEETTO THE NORTH LINE OF SAID CERTAIN TRACT OF LAND, RECORDED UNDER KING COUNTY RECORDING NO. 2716165; THENCE EAST ALONG SAID NORTH UNE 120.81 FEET TO THE TRUE POINT OF BEGINNING; ~ .. /. ,, ~ · . . . 20071221001248 012 Order No. RT· 11152596 EXHIBIT "A"• Continued PARCEL E: THAT PORTION OF THE SOUlliEAST \4 OF THE NORTHWEST l4 OF SECTlON 18, TOWNSHIP 13 NORTH, RANGE S EAST, W. M., DESCRIBED AS FOLLOWS: BEGlNNlNG ATTHE WEST \4 CORNER OF SAID SECTION; THENCE NORTH 89'03'07" !'AST, ALONG THE EAST ANO WEST CENTER UNE OF SAID SECTTON, 2,117,12 FEET TO lliE EASTERLY UNE OF 91" AVENUE SOUlli (HARDIE AVENUE SW); lliENCE, ALONG SAID AVENUE UNE, NORTH 11'05'23" EAST 509.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOIJTH 89°33'37' WEST 133.97 FEET; THENCE NOR'Ili 00°16'23" EAST75 FEET; THENCE NORTH 89'33'37'WEST 119.86 FEET TO THE EASTERLY UNE Of 91" AVENUE SOIJTH (HARDIE AVENUE SW);; THENCESOIJTH u•os•23• WEST 76.31 FEET TO THETRUE POINT OF BEGINNING; PARCEL F: THAT PORTION OFTHE SOUTHEAST \4 OF THE NOR'IliWEST \4 ANO OF GOVERNMENT LOT 4 IN SECllON 18, TOWNSHIP 2l NORTH, RANGE 5 EAST, W,M,, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF 91" AVENUE SOUTH (Al.SO KNOWN AS HARDIE AVENUE SOUTHWEST), WHICH IS 83.0 FEET NORTH OF THE CENTER OF THE CEDAR RJVER PIPE: LINE RIGlff·OF·WAY, SAID POINT ALSO BEING 2,206 EAST AND 134,2 NORTH Of THE WEST~ CORNER OF SAID SECTION; THENCE NORTH !0'50'45" !'AST, ALONG SAID EASTERLY MARGIN, 362.2 FEET TO ll1E TRUE POINT OF BEGINNING; THENCE SOUTH 89'46'45" EAST 275 FEET, MORE OR LESS, TO THE WESTER!. Y MARGIN OF D,C, M!TCHEU. ROAD (AlSO KNOWN AS RAINIER AVENUE: SOUTH); THENCE SOUTHERLY, ALONG SAID WESTERLY MARGIN, 58,76 FEET, MORE OR LESS, TC THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYl:D TO JOE POPOVIC av INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 2716165; THENCE WEST, ALONG THE N0Rll1 UNE OF SAID CERTAIN TRACT, 284 FEET, MORE OR LESS, 10 THE EASTERLY OF 91" AVENUE SOUTH (ALSO KNOWN AS HARDIE AVENUE SOUTHWEST); THENCE NOR'Ili 10'50'45" EAST, ALONG SAID EASTERLY MARGIN, 59.33 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCE!'TTHAT PORTION THEREOF LYING EASTERLY OF THE NORTHl'ASTERLYPROJECllON OF THAT CERTAIN UNE BEARING NORTH 06°32"49" EAST AND 100,63 FEIT IN LENGTH, AS DESCRIBED 1H AN INSTRUMENT RECORDED UNDER KING COUN1Y RECORDING NO. 4008583; ALL SITUATE IN THE CnY OF RENTON, COUN1Y OF l(JNG, STATE OF WASHINGTON, ... RETURN ADDRESS: Fronti•r Bmk DuvaU 15305 Milin Strut NE PO Box700 Duvall. WA 98019 /1,/1/fZ>"<- 20071221001249.001 ASSIGNMENT OF RENTS Reference# (if applicable); DUVA XX-8646 Thie Order No.RT 11152696A.ddltlonal on page __ Grantor(s): 1, O'FARRELL PROPERTIES, L L.C, Grantee{s) 1, Frontier Bank Legal Doscriptlon: PTNS SE 1/4 NW 1/4 STA 18-23·05E TAX LOTS 9011,9082, 9122, 9161, 9120 & 9012 Assessor's ·rax Parcel ID#: 182305-9122 {PARCEL C), 182305-9012 {PARCEL F) Additional on page 2 182305-9011 {PARCEL Al, 182305-9082 {PARCEL 8), 182305-9161 {PARCEL D), 182301;-9120 [PARCEL E), nus ASSIGNMENT Of RENTS dated December 21, 2007, is made and executed betWeen O'FARRELL PROPl:RTIES, L.L.C., a Washington llmlted Uabiltty Company, whose oddrBSs is P.O. BOX 7603, COVINGTON, WA 98042 (referred to below as "Grantor"l and Frontier Bank, whose mailing addrese is 16305 Mam Street NI:, PO Box 700, Duvel!, WA 98019 (referred to below as "tender" I, FIi.ED FOR RECORO ATTHEREQUESTOF 11'1."ILandAmerica D' Commertla1 SeMCeS ASSIGNMENT OF RENTS (Continued! 20071221001249.002 Page 2 ASSIGNMENT. For valuable consideration. Granter hereby assigns, grants a continuing security lnterNt in, and conveys 10 Lender au of Grantor's right, title, and interest in and 1o the Rents from th• fottowlng described ~ropurty located In KING County, State of Washington: See EXHIBIT A, which ls attached to this AHlgnment and madcl a pttft of this Aaaignment as If fuDy set forth herein. lhe Property or Its address Is commonly known as 155 & 176 RAINJER AVE S, AND 188, 196, 176, & 180 HARDIE AVE SW, Rl:NTON, WA 98056. The Property tax identfficatlon number is 182306-9011 (PARCEL AJ, 182305-9082 [PARCEL BJ, 182305·9122 !PARCEL C), 182305-9161 (PARC£L D), 182305-9120 (PARCEL El, 182305-9012 IPARCEL F). REVOLVING LINE OF CREDIT, This Anigrmmt HOUl"fl th11 lnd811ted1WH kl~ll.ldlng. wllhoot liml1etlon, a ,evolw)g line of cr1dll. with • wirliibla rate of lntereS1, which ot,11~1" Len!Mr to make 11,clvaneu to O,antor so kmg 111 Gran1or Gomplie1 wi1h 1111 th• term. of tha Notto and the lina of credit hn not b .. n t11trmln1t•d. auspend911 or IHFll;llll .. d; tho Ntmi alowt neptlv• 11mortlzot1on. F\inds fflllY be lldvaneed by Lander, r-s>ald, 11nd ~.-qi,•ntly n1111dwlncied, TM unpaid bel1111ce of 1h, revolYlng lnci Di C1'41{:III rmtV at certain tlrntls b1I iowtor than the 11moun1 mown or uro, A nro ba.lllnC'III dad not t11rmin111t1 the Ina of 1m11fit or terrninste Lender'1 obiglltlon to advance hlndll to Grantor. Ther•kire, thrt 11,n of thia Assignment will remlllin in tul fore, Ql'ld effect l"IOtwittl:,tflndlng any zero bal1111eti. TtlS ASSIGNMENT IS GrYEN TO SECURE (1) PAYMENT Of THE INDEBTEDNESS AND 12} PERFORMANCE OF ANY AND AU OBLIGATIONS OF GRANTOR UNDER THE NOTE. TI11S ASSIGNMENT, AND THE RELATED DOCUMENTS. Tl-IS ASSIGNMENT IS GIVEN AND ACCEPTl;D ON THE FDLLOWING TERM8: PAYMENT AND PERFORMANCE. Exnpt as oll'lerwlse provided In this Assfgnmant or any Related Ooc:uments, Oranlor shall pay ID \.eflder all amoums socurad by 1h11 As.signrnent aa th~ beeom. due, and ehaU strictly perform rill of Gran1or'11 obll9ath,1na under this Assignment. Unleas end until Lender eitercisee Ila righl to collect the Rents H provided below lllld so long as there: iB no default under this Aa1i9nmant, Grantor may remain In possession and control of 11.nd gperate and m11m1ge the Property snd colleot the Ren1&. PfOvlded that the grsndng of the flgh1 10 c0Kcm1 !he Reim. shall not constlluta Lender's conMnt to thto usa of auh coUaten:d In a bllnllruptr.:y proceeding. GRANTOR'S REPRESENTATIONS ANO WARRANTIES. Grantor wammta that: Ownerahip, Gran1or Is antitled to racalve. the Rentl tree and clear of all right,, lo1W1a, Hens, enr.:umbrencea, and olelma eii:oept es discloffd ta and ,ccepted by Lender In wriling. Altlllt to A1&l;n. Grontor hat tile full right, POWllf i,n{:I authority to enm Into 1his ABS1gnm8l'lt and to snlgn and tionvoytlw Rents to Lendor. No Prlw A11lgnm1nt. Grantor hes not pravlO\lsly assl1:lnad or conveyed the Rent, tQ any othM parsoo by any inatrurnen1 now In force. No Furtmr Tran,tet, Grantor will no1 seU, 11ss\gn, ancumb81", or othanvise dispoH of eny of Grantor's rights in the Rents ocept 11, provldetl In this Ateignment, LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS, Let1de1 $hd have the rlgllt at any time, and even though no defelllt shall haw oocurred Ul\der thb Assignment, to colec1 and receive the Rents. For !hie p,urpo1i1e, Lender is heraby given end gr11nted the followlng rlgh11, powers and 11uthotlty: Notice to T1n11nts:. Lender mav aand notlGea to any end all tenants of the Property 11dvislr19 them of this AS$f9nment and dlrecllrig all Re-nts to be paid dJrectly to Lend11r or Lender's ag1mt. Enter tha Propurty. Lender muv enter upon and t11kll poeaaaslon of me Propeny: demand, eonect and receive from Ule·tunants or from ony olher pe"'ons liable therefor, all c;if ttw Rants; Institute and oarry cm ell 11,gel proceedlnga necessary fOf the pro1ec11on ol the Property, lni:ludlng such pro1;iaedings n may be m,cessary to recover po9,9ee,sion of lhe Property; <:OIJecit the Rents and 111mova any tenant or tenants or othllr persons from the Property, Melntlltin 1he Property, Lender m11y enter upon the Pro~rty to maintain me Property and keei:i the s11me In repair; to P'GY the cost11 thereof and of oll 111rvious of 11~ omp\oy.s, Including th11tit equipment, end of all contlm.11ng 00$11 and QKpensH ol maintaining tha Property !n proper repGir ;md condition, and eli;:o to pay all taxes, easessmems and wati.ir 1,11llities, and tho ptemiums on flrfl and other lnslJl'ance effected by Lander on lhe Property. Compllanc. with.Law,. Lendar m«y do ony Ind all !hinge to uxi:iC\ltl! and eon'\Ply with the laws of the! State of Wnhlngton 11ncl also 111 other li!IWe, l'IJles, orden, ordinances 11nd requlremlitClllll of an other qovernmentol sQatwln atfectlrig tho Property, Laaae the Prop1rty. Lender may rent or lasse ltle whole Of any part of !he Property for such term or llmJS end on auch conditions es Lender r:nev deem appropriate. Employ Agent.. lender may en919e Buch 1t9an1 or &gl!flt9: 81 Lender mey deem 11pproprlete, o\ther ln Lender's n11rRO or In Gnintor'a n11me, to refll and man11ge 1ho Property, Including the oollsetion and a~llcatlon of Rems, Other Ae\lll. Lender may do ell 1ui;h 11\her thinga 11nd acts with respect to the Property as lender mey deem aPl)roprJ.te and may eat i,xclusMl!y end solely In the ph1ce and atea<t ol Gr11n1or and to have all of the powanr, of Gr11ntcir for the purpgna stated abovs. No Requifemenf to A..t. Londer shall not be requlred to do 11ny of the fOl'egolng acts or things, and the feet that lender shaH hsve· psrfwmed one or more of the foregoln9 acts or 1hingii shall not raquire Lender to do eny 01h11r spe9lflc sGt or thing. APPLICATION OF RENTS. All costs and eii:penses lnci.irred by lend1:1r In conm1ctlon with the Propeny ish11.H ba for Orantor's 11ecount end Lender msy pay such GOSlS and expenHs from the Renw, Lender, In ita sole dlscr11tlon, shall determine lhe applic11.lio11 of any snd all Rents received by It; however, eny sw.h Rena received by Lentklr which 11re not ap,plled 10 such coats end ex:pensea ehaH be applied to the lndeblednaaa. All expendltures made by lender under this Aaslgnrnent and not rltimburMd from 1he Rvrm: Shell bacome a pert of the II\Qol;ltednes11 secured by this Assigrnttent, and Shell be peyable on demand, with intel'(lat al the Nola rate from date ot expendltlJl'B until pald. FUI.L PffiFORMANCE. If Grantor psvs ell of the lndebtednesa wtien due and 01hl:lrwlsa psrform1 eU the oblig8liona lmpo19i;t upon Grantor under 1'1is AH!gnment, the Note, and the Rel11Wd Ooeurneni,, Lender sh1.tl execute 11nd dellver to Grentor a BUltebla aatisfactlon of this Aeslgnment and J;ultab1e s.tatemenb of term!natk>n ot any flnBnclng statement on file evldoncing Lender's security Interest In the Rents end the Property, Any termin1ttion fee required by low shalt be pale! by Grentor, lf permitted by epplicBbla 111w. ASSIGNMENT OF RENTS (Continued) 20071221001249.003 Page 3 Ll!NDER'S EXPEND1TUREB. II 11ny action or proc111edlr'lJ ia Cl)lflmenced th:at would m811rl11lly affect Umder'.s. interest in the Prop~rty or II Gn1ntor fails to oo,mply with a.w provh;ion of this A68ignm1mt or riny Reteud Oocumcml8, in<:ludlng but not llmlted to Gn1ntor·11 f11lh,1r11 to discharge or IMIY whan dU11 any amounu Grantor i11 teQuired to d'rsc:h11rg11 or pay under thls As~ignment or any Relotad Documents, lendel on Gr11ntor'a behall may (but 11hall not be obllg11t~ to) taklt ,my action that L1:1ncter deem& appropriate, Including b\11 not limited to dlschaf1Jing or paying all taKes. lll!rte, security inierem. enmiMbrences end othar claima, 11t any tlma levied or placed on the Aen11 or the Property iOd paying an costs for insuring, mairttainlng end pnsarvlng the Property. AH auch expendhwas inc!A'red or paid by Lander for auch purpons wlU 1hen be11r interest at lM r111e charged under the Note from tile dat" inr;urred or paid by Umder to the dat& of repayment by Grentor. All 1uoh expensea will become a Jlarl of tho lndebtedn11&11 and, at Lender', option, will (AJ be payabla on domand; iB> be added to the balance of tha Note and be 11pportlon11d among and be payable with any in11tallment pa'(m8flts to become due during either (11 11,11 lerm of any eppNcabla lnaurance poll1;y; or 121 the remaining term of the Note: or (Cl bl! tre<1ted as a balloon payment which win be due and payable at 1h& Note's m11tur!ty, The A&1ignment alao wiH aeour, payment of thete amounta. Such right shall be ln addition to all other rlghta and ramediea to which Lender may be emltl&d upon Oetaun. DEFAULT, Each of the followlr,g, 01 Lender's option, shell oonst1Me an Evant of Deleult under this Assignment: Payment O.t.uk. Grantor fllile to make eny payment when due undar the lndebtedne8a. Other Defaults, Grantor fails to comply with or to pe,torm any other term, obligation, coV11nan1 or condition contained In thla AA!gnmont or in any of the Relattd Documanta or lo comply with or to p1rform any term, obligation, covonont or condition contllined In any o1har agreement betwetn lcinder and GrantOf'. Oefuult on Other hymenb, FaiJure of Grentor within the 11me requlNld by thl1 AsslgT1mant to make 1111y payment for t.axea or Insurance, or any other payment n11cess1ry lo prev<:illt filing o1 or 10 effect discharge or ony lien. Deto...tt In F1111or of Tt1lrd P11111". My guarantor or Grentor delaulu under any loan, extension of ctedit, aacurlty agn,efl'l8nt, purchase or sales egreement, or any o1her egniemenl, In favor or any other creditor or person that msy mat8'ftlly affe,;t ony of eny guarantor'& or Grantor'1 property or ability to porfotm their reapectiva obllgarlons ,mtler lhls AaslgnTnC1nt or any of the R~ated Oocumerita. EnviTOnn1enuil Dafilutt. Fenure or any party to COO'IJllY with or 11erform Wilen due any t"rm, obllgatlon, i;;ovenarit or conclltlon contained In any environrnen1al agn:cimal'IC executtd In coMection wllh the Property. Feb• Statements. Arry warranty, repreaentatkm or stetement made or lumished to Lender by Grantor or on Grantor's bohelf fJl1der this Assignment or the Related Documents la felsa or misleading in eny malerlal fflBpect, eithor now or at the time made or fumlahad or becomes h1lse or mlelaedlflg at eny time thereafter. o.tectiva CollatcimiZation, Thie Aaal911meot or any of the Relet•d Doouments CHHI to be in lull force ~ effe,;t !Including fellure of any coll11tonil docutnent to crHte a va&d and perN:oted security Interest or lent et my time imd for any reason. DHlh or lrmo!Vency. Tila dissolution .of Grantor's !regardless ot whelher election to continue is madet, any member withdraws from the limlled lablllty company, or any other termination of Grantor's Bxlt'tence n a golrll'i! busrne11 or the death of any member, 1he 1fll5Qlwnoy of Grllfltor, ~ 1ppolntman1 of a tei:alver for any pert of arantor'e property, any anlgnment tor 1he benefit of cr!Klhore, any type at ereditor workout, DI' the commencemeM ot any proce&dlng under 11ny benkrUP1C"i' or lnsolVl!lncy law a by ot tig&lnst Grentor. Ct~, or Forfeltuni Proceedln91. Commencement ol torecloa:urv or fortelture l)l'OCilei;lln99, whether by judicii,! prQQI/IOding, 11Blf·help, 111possea.sion or ony other method, by any creditor of Grantor or by ony governments I R9E1ncy against the Rents or any property 1ec1JJin9 tl'le lndebtednau. To;. !ncludes a garnishment of 811Y of Grantor's accounts, Including deposit accounts, wlU, lander. However, !his Ev<:int of DafalJlt shall not epply If there is a good faith diapula by CJran1or H to the wlldlty Of reeaonablenesa of the claim which ls the basis of the uredlto;ir or forfeiture pt0ceedln9 11nd If .Grnmor glvH LendOf written ootlce of ll'le crodltor or forfeiture proceeding end depoaits with lender,monles ore 11ur11ty bond for the 11tedltor or rorNiture proceeding, In an amount determined by \.ender, In 111 sole dlscretlon, H being: 01'1 adequate reaaNB or bond tor the ctl~te. Property Damaga or loH, The Property is !oat, stolen, DubstantJally damllitld, suld, or borrowed ogeinst. Evanta Affecting Guarantor. Asrv of 1he prccc4ing events ocC"urs wltli raap&C'I to any Guarantor t1f any o1 the lndebtedn1111 or any Guarantor dies o, becomes Incompetent, or revol<.u or dls11utes the validity of, or Ueblllty under, any Guaramy of the lndebl&dn1ss. Ad'ler•• Change. A me.teriol adYenie chal"lfJB ocC\lrB ln Grantor's llnanC"i81 coMlltlon, or Lender bellevn the 11rospeo1 of pll)'INln1 or i:iertor.m1nee of the lndebtedneaa is irnpeired. Cura Provl:.lo... II any daft1ult, ether ihe.n a d1lault In payment Is curab1e and ii Gre.otor MS not been given o notlu of a braaci'I of the aeme p,ovlalon of this Aaslgrvmmt within the pr1;1oedlng: twelve (12) monll'IB, It me.y be cwed If Gran\Qt, after receiving wrillen nollce from Lender dam11nding C\lfl of su,::h default: (1) oi.ns the. default within ten [lOJ dey1; or 12) ff the cure require11 more than tan ClOJ days, Immediately lnltlate1 steps which Lender (laams In l,ander's sole diicretlon to ba aulllcl,;mt 10 cure the ddault and thereafter continua& and completes ell raa1101'111'Dle end necessary steps 11,1Hloiel'lt to produce com11Hance 11 ~oon as reasonably practical, RlGtfl'S ANO REMEt>IES ON DEFAULT, Upon the occurrenoe ol anv Event of Dehiult and ot any tima Ulwe11lter. lend&r may e-xei-clse eny 01111 ot more ol the killowlng right& and remedin, in 11ddltion to any other right• or remedies provided by law: ' Accohlnrt9 lndebtodn11ss. Lcindet shall have the tight at it, option wltho\lt notice to Orentor to declsre tha entire Jndebtedn,e89 immediately duo IWld payable, Including any prep&'J'mem penatly tt•et Gnmtor woold be raqulr"d to poy. Collect Rentli-LoOOer &hell hove the rlgflt, witltout notico 1;0 Grantor, to take posses.Ion ot the Propert)' and collect the Ren11, tnc\lding: emolll'lta p.i&t due snd unpaid, end apply the nat prooeeds, over and above lender's co1ts, egeilriat tho Indebtedness. In f..-theraM11 ol this right, Lender thall ~a all the rights provided 1or ln 1h11 Lender's Right to RoC41lve and Collect Aente Sec!lon, 11.bove. 11 che Rents BlB collected bv Lender, then Gran1or irrevoc-ably deslgr,etoe; Lender a& Gnntor's attcirnay-ln-fec1 10 endorse lnst11Jtnllnts received In payment thereof In the name of Gr11nlor end to neg<>llotcl the same and oollect the Proceed&, Peyffl9;nta by tammtt or oth&f uSllrS 10 Lender in tetponse to lender's demand ahall utlsfy the. obllgetlona tor which the payments are made, whwtt-.er or not_ony proper ground& for tho demand existed. Umdw may exercllle its righta. under thls t1Ubparagraph either In porson, by agent, or thtwgh a reci:iver. Appoint Reoa!vfl, !..endttt shall hive the right m hava a rot111lver appointed tQ take poaaesslon of all or any part of the Proparty, whh tho power to proteo:t end pte&flrve the Property, to operatl the Propany preceding or pending toniclosw& or sale, and to collecl thu Rents !tom 11\o Property and apply 1he proceeds, over and above the cost ot the nic&Mlrshlp, egainal the lnd11btadness. The 111celvvr Ma\' earw without bond it perm!1ted by law. Lender's right to the eppointmeni 01 s recalver shell exist wllether or not the apparent value of the Property exceeds the ASSIGNMENT OF RENTS (Continued) 20071221001249.004 Page 4 kld,btEldneas by e subs111n1h1l amOVl'1t, Employment by Lendet shall not disqualify a p9r$0n from serving ltlil 11 reHlvor. Other RemedJH, Lender shall have all other rights and r'8medl111 provided In this As1lgnment or the Norn or by law. · Election of R11me<lel. Eleotion by Lender to purcue any ,amedy shell no1 a,«ilude pun1uit of any other remedy, and an olectlon to make expentllturoa or to toke action to perform 1111 obligation o1 Grontot under this Assignment. after Gnmlor'a flilllvre to pertorm, shall n!Jt affect Lender's right to dechmt a default and e11:11rcise 1ta remediee. Attomcrp' Fees; Eicpemu, It Lcinder institvtn any aun or action to enforce eny of 1he terms of this Aaelgnment. lender ahall be entl1led to rec;over aueh aum H tha court me,y adjudge raasOflOble 88 attome~' fe111 at trial and upon any appeel. Whether or not any court 11ction ia hwolved, and to lhll extent not prohibitGd by law, ell reasonable expunsea lender Incurs that In Lender's opinion are nuct!!ISa&ry at any time for the prott!!ICtlon of Its intlll'8Bl or tM anfon:ament of Its rights ahall becom'" a part of the lndebtt!!ldneas payable on demand and shall beer intarea1 at lhv Note rate from the date of the expenditure until rapeid. Expeo&H COi/fired by 1h11 paraQtaPh Jnch,11:la, without Umltation, however wbifiet to any Hmlhl under appnoable law, Lender's attorneys' fen and Lander's legal expenses. whether or not there ia a lawsuh, including attorneys' tees and axpensea. for bankr1,1Ptcy PrOc:eedlng, (Including etlorta to modify or vacate any autometlc stay or ln]unotlon>, appaala, end any anticipated post-Judgment collectlon services, tha cost ot ttsrchln11 records, Obtaining tltla repon1 Unch,Jdlng loreclo1ure raporrsl, aurveyora' repora, and eppralHI fun, Otle insurance, 1md fees for thic Trustee, to thll axtent permitted by applicable ltiw. Granier elSo wm pay any ~\11'1. cons, in 11ddltion 10 al OVler sume Provldlld by l11w. MJSCEllANEOUS PROVISIONS. The folbwmg ml9cellaneoU& provlstons al'fl e P11rt of this Assignment: Amendmium. Thia Assignment. together with 11ny Relattcl Documanw, constitutes the entire understanding and 119rooment of the pertlH 111 to !he m1tt11,-1et forth )n lhla Assignment. No etteratlon of or amendment to thle AHignment shell ba effec11W unless given in writing end llg1H;1d by the party or partlee sought to be chel'1rlld or bound by lhe elti,ri!itlon or amendment. Caption He11dlng1, C11ptlon headloga In thle Assignment ere lor convunio:,nee P\lfP06e& onty end ere not to be used 10 interpri,t or daline the provisions of this Aaalgnment. Governing law, Thia Aasir,nmenl will be gawrrMKI by nderel law DJ)pticllble 10 Lender and. to th& elltent not ptHmpted by fedanil Jaw, U. laws of the State of Wuhington whhout rtiQerd to ltG conflcts of 111w pro1,1laiotlu. ~ Assignment has boon IICC8pt0d by L1111dtir in the Stat• of Weshtngton. Choice of Venue. If thera Is u lawsUit, Gramor 1191"$81 upon Lender's reque,t to eubmlt to th& jurisdiction of lhtl courts of King County, State of W111hlngton. M"'8&r, There 11h11H be no mMger of the Interest or ootate CNleted by this assignmBflt With any other inteniet or esuita In tho Property at any tima held by or for the ben•fil of Lender In any <:epaclty, without tha written consent ol Lender, ln18fPrf1ation. (1) In ell cuos where there le more then one Borrower or Grentor, thun aR worda used in !his Asalgnmom ln tha singUlar shall be deemed 10 have been usad In the plural where the context end constNctfon so require. [2) If more then one p11rGan signs thl1 Anf9flmtnt as ~arantor;' the ob\lgaUol\l of each Gramor are joint end several. This means that lf Lencter brlngis III leweuit, lander mav sue any on,a or more of the Grarrtor&. If Borrower and Grantor a,e nO't the same person, Lander nffi;i not aua Borrowar f\r.l.t, and that Borroww nued not be jo,:Jed in any lewisuit. 13) Toe nem11a given to peraurspha or sectiona In lhill Assignment ere tor corwernence purposes only, They are not lo be Ulled to lnter!)f8t or define the provlelone of thlB AS&lgnment. No Waiver by Lllflder. lender ahan not be deamed to h~e waivtid any right. under this Aaslgnment unleaa auoh W.!11\1111' is given In writing.and 11,lgned by Lellder. No delay or omlaslon on lhe part of Lender In exerclr;lng any right shall operet0 111 a welvlf of such rlQht or any other rlgtrt. A waiVer by lencter of a provl8lon of tbia Aaslgnmem shall not ptejudica or constitute a welver ol Lender's right otherwise to demand nl'lct ,;ompllanc& with th11t pravlslon or any 01her provlalon of thia Aselgnmant. No prior waiver by Lender, nor any course of dealing betw•en Lender and Grentor, shaD constitute a walVElr of env ol Lender's rights or 01 any ot Grantor's obMgriOns as to 11ny lutuia uanu.ct.lons. Wtoor,ever tha conHnt of Lander I, required under thls As1lgnmen1, th& granting of such colisbnt by Lendor In any Instance ahan not constitute contlnulng cons1m1 10 subsequent inalanoes where 1uch comient RI r11qulrt:d 1,1ml ln all cases such cooscim may be granted or withheld in the solci discretion of Lender, N01:Cn. SubJeC't to oppl!c;able law, and &JCcept tor notice required or allowed by Jew to b11 given In another mflnner, iny notice required to be g1Vlln under th1s ~lgnment stmlt be given In writing, and shaU be effective whtin sctu11lly dsUvored, when actually rticeived by telefac11lmllo !unlees otherwise requlr11d by law), when depoalled with II ne1ioneltv recognized ovemlght cowln, or, If malled, when deposited In the United States m(lil, &9 first class. i;:mti11ru:I or reelsterod mall postage prepaid, direc1ed to the addra111H •hewn near the beginning of thls Assignment, Any party may ctiange It.a address for notices 1J11cter this Ass1gnment by gl11ing formal written notice to the other p11rtles, specifying thU tha purpose of the notice la to change the party's address. For notice p1.1fP1>88&, Grantor egrs&& to k\lep lender lnfonned tit sll times of Grentor'a current 8ddresa, Subject to appllc1,1;b18 lew. ·and except for ootic. required or allowed by law to be given In SIOther milnner, H there \a more then one Gnmtor, any notica QIVBn by Lander to -,y Gr11ntor b deemed to be ootlo!i vrven to all Grento11. Powert, of Attorney. The various agenoles and power11 of Bltomay c1:mveyed on Lend111 Under thla AHl9nment ate granted for putposes of aecutiW and m{l'f not ba revoked CV Grantor until sucti time as the HtnB ara ranounci,d by Lendor. S11nt1b1llty. If a court of compa1'ent Jurladlctlon finds any provlalon of this A11lgnrrnmt to be Illegal, Invalid, or unenforceable a11 to any circumstance, tlllt finding ,h11ll not make 1he oflendlng provision llla1111I, invalid, or unanlorceeb!e es 10 any ottwr QlrCL#flstance. It feasible, lhfl offending provision shan be con,!de1ed mcdlfled so that it becomes )egeJ, valid end enforcileble. If the offending provision c:anno1 be so moditlod, It shall be cona\derad deleted from this AntQnmel'lt, Unless otherwise requl,ed by law, th& illegality, invalidity, OI' uncinlocceebblty of any provision or lhl& Assignment 11hllll not affect the l1891ity, v11lldity or ento,ceebllltY of any other pro·yfalon of this Aastgnmenc. SUccvuor• anti Assign11. Subject to sny llmltatlona 11t111ad In this AIISignment on tr11n11ter of Grantor's Interest, this A1111ignmen1 sh11II be binding upon end lnuni to the benefit of the partii:=a, their successo1a and 1,1ssigns. 11 ownershlp ot th1t Pmpeny becomes VHted In a pereori othar than Granter, Lender, without notioc to Grentor, may d111I with Grantor's eucceeaors with re1erence 10 this Assignm11n1 and lhe lndebtednen by way of forbearence or ax1en11ion without releasing Grantor from the obllgatlons of thhi Anlgnment or llablllty under IM Indebtedness. Timu.13 of the Euenae. Time is of the essence In the J)lilrtormance of 1his Anignment. Waiver of Homestead Exempllon. Gtentor hereby releDSes end waives all tight5 arid bene1lt11 of 1h11 home11te1d exe!Tlption l~ws ot the Slirto of Washlngton 111 to ell lndabtedneas &&~ured by this As,ignmant, ASSIGNMENT OF RENTS (Continued) 20071221001249.005 Page 5 DEF1NIT10NS. Th11 loUowlng cai:iitalized words end 1errns shall ~ve tha following meaninge when uised In this Assignment. Unlen speclficoUv .:11111.ted to the contlery, all ref11renc::11s to dollar amoume shall mean am1;1unt11 in lawful money of 1he United Sn111a1S of ,\ITl(lrlc11. Word3 and terms used ln the singu~t ah11U include the plural, and 1h11 plural shell include the singular, H the conte:,ct may require. woro, and terms not otherwlH defined In thitl Aui9mMn1 11hall have me rneenlng1 attributed to :.uch terma 11"1 the Uniform ComlTlllrcial Ccxla: A611lumn111tt. TI'IB word "Assignment" meem this ASSIGNMENT OF RENTS, 111 INS ASSIGNMENT Of RENTS may be amended or modll!ad from time ta time, together wtth ab e,ch!bits end 15chedul1111 111tachad to thl1 ASSIGNMENT OF RENTS from time to time. Bonower. The word •eorroWflr" ffle!lns O'FARFIELL PROPERTIES. L.L.C .. Default. The word "Defaul1" mel!lna the Detavlt el forth In this A&algnmont In tho eectlon titled "Datau11•. Ew1'Jt-of Default. The word& "Event ot Default" mHn anv of the ev1mt1 of de!ault set forth in thit" Anignment in the default se,;tlon of thl, Anignn•1,11'lt, 0111mor. The word "Grantor• me.~ O'FARREU PROPERTIES, L.L.C .. Quaramor. The word "Gu11n1ntor' means eny gutmmtor, sutaty, or 11cc:ommodstion party of eny or 110 of the lndebtedneM, Guaranty, Tho '41/0td "Guaranty" meon:, the guaranty from Guaranlot to I.end•. ioeludln9 without limitation 11 guaranty of 1111 o, part of cho Notti. lndebtednna. The word 'lndebleclneu• rn&at1S all principal, tnt.re1l, end oth8f 111noume, oos18 and 1txpenA11 peyable under lha Note or RelatPd Do,;umenta, together with •II relll!IWals of, extensions of, motllfli.11tlons of, consolkh1tions or and aub:llitutions for the Note or Related DoC\lmenta sod any amount, expended or advanced by Landor to dlloharge Granror' 11 obllgatlon1 or 11xpenu1s Jnctirred by Lander to 1mfarce Grentot'a obllgado~ WlO!lr thle AHlgnment, together With Interest Of\ such amounts 111 provided In thls A115lgnmeu1t. Londclr. The word "Lender" meafll Frontier Bsnk. ite succs&&O'"'-and &Higns. No1e. Tha word "Note" meons the promi8,80f'f no«i dated Dflcember 21, 2007. In the ol'iginal principal amount of $350,000.00 lrom Grsntor to I.ender, tog&ther with all renewals of, !alX!enslons ol, rnodlflcatk>ns of, refimtncfnga ot, oonsol!dadons of, and &ub:ltitutions for the promissory note or agreemcmt. Pfoperty. The word "PropllftY" means all of G1111nor'& right, title 11nd int11re11 in and to all the Property u dl:,oribud In 11'19 "Assignment• section of this Assignment. RelOled Doc .. mmts. The worcta "Rsleted Document,· mean all promlstory notes, credil agreement,, IOfln agreement&, envlronmancal agreements, guaranties, sec:urity agreemltlll&, mortg&9ea, daed& of tnm, tecurity deeds, colllltoral mortgages, and all ochitr Instruments, egreamenu. aod documents, whsthsr now or hereafter existlng, axacutod In eonnectlon with thG Indebtedness. RBllt&. The wor<I "Rent,• means aH of Grantor's present and future right&, title end lnterert In, ttt and under any iind all preaerit and futuro 11101111, lncludln9, without 11mltatkm, 1111 rants, ,avenue, looome, i&auea, roy<les, bonuaaa, eeeounts recelvabkl, cash or aecutlty dsposlu;, advancs mntals, profits ftOd proceeija from the Property, amt othtir payments nnd beneli111 derived or to be derived from such leaaas of every kind ,and 111tture, wheth&t due now or lotnr, inchidlng without llmlt1tlon Grantor"ll right to snforce St,1Ch laa,111 and to recelvt and ootlect pll'{ment and ~,oceed, 1herounde,, THE UNDERSIGNED ACKNOWLEDGES HAVING READ Alt Tl1E PROVISIONS OF THIS ASS10NMENT. ANO NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED ANO EXECUTED ON BEHALF OF GRANTOR ON OECEMBEfl 21, 2007. GRANTOR, O'FARRELL PROPERTIES, L.L.C • .,, t ~ Authoniud Signar f04' O'FARRE PROP£RTIES, LL.C. LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATEOF W.1,.1hirta:hn COUNTYOf fit(Cf.,, , .. On 1hi1 2,1.s} dsv of , 20 0'7 , betore me, the und~nigned Not•,v Pubi.1c, personally app!Hlred • , 7ntffiid:aol Mtml,if of O'fARRElL PROPERT1£S, L.L.C .. 1tni;I peraonnl k wn 10 me or praved to me on the baels ol Hllsfnoli;ry evidence to be a msmber or dssl~nated agent gf lha llmlt&d llabili any thet executed the ASSIGNMENT OF RENTS and acknowlud911d lho A11,iijnment to bo lhe ffee nnd Q4Jd of the llmlted llablllty comp1my, by authority of statute, Its artlcloa of or9enlia1ion or lt:i operatl ea and purpo&es therein mentioned, and on oath atate<I 1(101 he or ,he la authorized to e1«1out h1ct executed lhs An.lgnment on behalf of the limited llablllty company. Retidlngat BurJ.J~;U)R::: My commtssion expfflie ,l[..,../l,f...QK 20071221001249.006 ASSIGNMENT OF RENTS I Continued I Pago 6 LASER PRO Lending, Ver. 5,39.00.008 Copr, Hllfland Financial Solu1Jon:s, Inc:. 1997, 2007. All Rights Reserved. WA C:\CFI\LPL\G14.FC TA-471170 PR-COMRLOC , ; '. 20071221001249.007 Order No. RT· 111$2596 EXHIBIT "A" PARCl:LA; THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ANO OF GOVERNMENT LOT 4, SECTlON 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS; BEGINNING ATTHE QUARTER CORNER ON ltfE WEST BOUNDARY LINE OF SAID SECTION 18; THENCE NORTH 89"03'07' EAST ALONG THE EAST-WEST CENTERUNE OF SAID SECTION, A DISTANCE OF 2,177, 12 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF COUNTY ROAD NO. BO (Al.SO KNOWN AS 91 51 AVENUE SOUTH); THENCE ALONG SAID EASTERLY MARGIN NORTH 11'05'23' EAST A DISTANCE Of 96,46 FEET TO AN INTERS£CTIOH WITH 11iE NORTHERLY MARGIN OF 0:0AR RIVER P!PEUNE RIGHT OF WAY; 11iENCE CONTINUING ALONG SAID EASTERLY MARGIN NORTH ll'05·23" ~ A DISTANCE OF 413,12 FEET TO APO!rlT ON AUNE 406 FEET NOR11i OF ANO PARALLEL Wlltf THE NOR11ifRLY MARGIN OF SAID PlPEUNE RIGHT·OF·WAY; THENCE SOUTH 89°33'37' EAST, A DISTANCE OF lll.97 FEET TO THE TRUE PDINT OF BEGINNING; THENCE NORTH 00°26'23' EAST, A DISTANCE OF m.59 FEET TO THE SOUTHERLY MARGIN OF SOUTHWEST VICTORIA STREET (ALSO ~NOWN AS SOUTH 133'° P!ACE) 25 FEET IN WIDTH; THENCE EAST ALONG SAID SOUTIIERLY MARGIN A DISTANCE OF 117 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF THE O.C. MITCHELL ROAD; THENCE SOU11i ALONG SAJO WESTERLY MARGIN TO AN INTERSECTION wrrn A UIIE THAT BEARS 50U1li 89'33'37' EAST FROM THE TRUE POINT OF BEGJNNING; THENCE NORTH 89°33'37' WESTT011iHRUE PDINTOF BEGINNING; PARCEL 6: THAT PORTION OF iliE SOUTHEAST QUARTER Of THE NORTHWEST QUARTER AND Of GOVERNMENT LOT 4 IN SECTION 18, TOWNSHIP 13 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ATTME POINT OF INTERSECTION OF 1liE WESTERLY MARGIN OF THE D.C. MITCHELL ROAD WITH THE NORTHERl Y MARGIN OF THE 0TY OF SEATILE CEDAR RIVER PIPELINE RIGHT· OF·WAY; THENCE NORTH 02"18'49' EAST 100.02 FEET; THENCE NORTH 89°51'11' WESTPAAALlEL WTI11 SAlO NORTHER1YMARGIN 2.77 FEET TO A POINT ON 11iE WESTERLY MARGIN OF RAINIER AVENUE SOU11i (STATE HIGHWAY NO. 5), SAID MARGIN BEING A 5,680,JO FOOT l!ADIUS OJRVE CONCAVE TO lHE WEST, A RADIAL AT SAJD POINT BEARING NORltl 89"28'32" WEST, SA!O PDINT BEING THE TRUE POINT Of BEGINNING; THENCE CONTINUING NORTH 89'51'11" WEST, 156.11 FEET; THENCE NORTH 06'32'49" EAST 50,lZ FEET; THENCE NORTH 89"51'11' WEST U.68 FEET TO A POINT 128.40 FEET EASTERLY (AS MEASURED ALONG A LINE PARALLEL WITH SAID CEDAR RIVER PlPEUNE RIGHT·OF·WAY) FI\OM THE EASTER(Y MARGIN Of 91ST AVENUE SOUTH (RAINIER OOULEVARD) AS LOCATED !N COUNTY SURVEY NO. 197 V., JANUARY 1909; THENCE NOR11i 06'32'49' EAST 1$7.14 FEET TO THE NORTHWEST CORNER OF 11iATTAACT OF LAND CONVEVED BY DEED RECORDED UNDER RECORDING NO. 646~261; . ' 20071221001249.008 Order No. RT • 11152596 EXHIBIT"A"• Continued THENCE S0\11tt 89'S2'l3' EAST ALONG lliE NORlli UNE THEI\OOF 144,28 FEET 10 SAID WESTERLY MARGIN Of RAINlERAVENUE SOOTH (STATE HIGHWAY NO. S); lliENCE SOUTHERLY ALONG SAIO WESTERLYMARGIN AN ARC DISTANCE Of 206.24 FEETlOTHE TRUE POINT OF BEGINNING; PARCEL C: lliAT PORTION OF GOVERNMENT LOT 4 AND OF THE SOUTHEAST \4 OF 111E NOR111WEST \4 OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCI\IBED AS FOLLOWS; 8EG!NN!NG ATlliE POINT OF INTERSECTION OF 111E WESTERLY MARGIN OF THE D.C. M!lC!iELL COUNTY ROAD (RAINIER AVENUE SOUTH) Willi lliE NORTHERLY MARGIN Of THE C11Y OF SEATILE CEDAR I\IVER PIPE UNE RIGHT-OF-WAY; THENCE NORTH 02' 18'49" EAST 200.02 FEET; THENCE NORi!l 89' 51' ll"WEST 2.97 FEET TO TH1: WESTERLY MARGIN OF STATE HIGHWAY NO. 5 (MINIER AVENUE); THENCE CONTINUING NORTH 89° 51' 11' WEST PARALLEL TO SAlO PIPE UNE RIGHT·OF·WAY, A DISTANCE Of 156:11 FEET TO THETRUE POINT OF BEGINNING OF 1liE TRACT HEREIN DESCIUIIED; THENCE NORTH Do' J2' 49' EAST 50,32 FEET; THENCE NORTH 89° 51' 11' WEST 143.50 FEET TO THE EAST MARGIN Of 91"' AVl!NUESOUTH, !'ORMERLY COUNTY ROAD; THENCE SOUTH 10' 50' 46"WEST 50.88 FEET; THENCE SOUTH 89' 51' 11' EAST 147,30 FEET TO THETRVE POINT OF BEGINNING; PARCEL D: THAT PORTION ~ THE SOUTHEAST 14 Of THE NORTHWEST \4 OF SECTION 18, TOWNSHIP 23 NORTH, AANGE 5 WT W,M., DESCRIBED AS !'OllOWS: BEGINNING AT THE POINT OF INTERSECTION OF THI: WESTEI\L Y MARGIN OF THE D.C. MITCH Ell COUNTY ROAD, WITH THE NORTHERLY HARGlN OF 1liE CEDAR RlVER PIPE UNE RIGHT-OF·WAY; THENCE NORTH 02' 18' 49' EAST 275,0Z FEET; THENCE NORTH 89° 51' ll"WEST AND PARALLEL WITlf SAID PIPE LINE IUGHT•OF·WAY, l,02 FEET TO THE WESTERLY MARGlN OF STATE HIGHWAY NO. S; THENCE NORTHERLY ALONG SAID WESTERLY MARGIN OF SAID OF STATE HIGHWAY NO. 5, A DISTANCE OF 75.01 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO, 2716165; THENCI: WEST ALONG lliE NORTH UNE OF THAT CERTAIN TAACT 163,04 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUT!t 06•32'49" WEST TO INTERSECT THE NORTH UNE OF THAT CERTAIN TRACT OF LAND AS CONVEYED BY OEED RECORDED UNDER KING COUNTY RECORDING NO. 401828D; THENCE WEST ALONG SAID NORTH UNE, 128.40 FEET TO THE EASTERLY MARGIN OF HARDIE AVENUE SOUTHWEST; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN, 101.75 FEET TO THE NORTH UNE OF SA!O CERTAIN TRACT Of LAND, RECORDED UNDER KING COUNTY RECORDING NO. 2716165; THENCE !'AST ALONG SAID NORTH UNE 120,81 FEET TO THE TRUE POINT OF BEGINNING; 20071221001249.009 Order No. RT· 11152595 EXHIBIT "A" • Continued PARCEL E: lHAT PORTION OF THE SOUltteAST '4 OF THE NORTIIWEST \4 OF SECTION 16, TOWNSHIP 23 NORTII, RANGE 5 EAST, W.M., DESCIUBED AfS FOLLOWS: BEGINNING AT THE WEST '4 CORNER OF SAID SECTION; THENCE NORTII B9'03'07" EAST, ALONG THE EAST AND WEST CENTER LlNE OF SAID SECTION, 2,177.11 FEET TO 'JliE EASTERl.Y LINE OF91" AVENUE SOUTH (HARDIE AVENUE SW); THENCE, ALONG SAID AVENUE LINE, NORTH 11 '05'23" EAST 509 .56 FEET TO 'JliETRUE POINT OF BEGINNING; lliENCE SOUTll 89'33~7" WEST 133.97 FEET; THENCE NORTH 00'26'23" EAST 75 FEET; THENCE NOR11l 89'33'J7' WEST 119.86 FEfTTO THE ENSTERLY LINE OF 91" AVENUE SOUTII (HARDIE AVENUE SW);; THENCE SOU11l 11'05'23" WEST 76.31 FEET TO lllE TRUE POrNT Of BEGINNING; PARCEL F: THAT PORTION OF THE SOUTHEAST '4 OF THE NORTHWEST '4 AND OF GOVERNMENT LOT 4 IN SEC!!ON 18, TOWNSHIP 23 NORTH, RANGES EAST, W,M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINTON THE WTERLY MARGIN OF 91sr AVENUE SOUTH (Al.SO KNOWN AS HARDIE AVENUE SOUTHWl:ST), WHICH 15 BJ.O FEET NORTH OF THE CENTER OF THE CEDAR IUVER PIPE LINE RIGHT·OF·WAY, SAID POINT Al.SO BEING 2,206 EAST AND 134,2 NORTH OF TltE WEST ~ CORNER OF SAID SECTION; THENCE NORTli 10'50'45" EAST, ALONG SAID EASTERLY MARGIN, 362,2 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTII 89'46'45" EAST 27S FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF O.C. MITCHELL ROAD (Al.SO KNOWN AS RAINIER AVENUE SOUTH); THENCE SOUTHERLY, ALONG SAID WESTERLY MARGIN, se. 76 FEET, MORE OR LESS, TO 'IHE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO lOc POPOVIC BY INSTRUMENT RECOROEO UNDER KING COUNlY RECORDING NO. 2716165; THENCE WEST, ALONG THE NORTH LINE OF SAID CERTAIN TRACT, 284 FEET, MORE OR LESS, TO THE EASTl:Rl Y Of 91ST AVENUE SOUTH (ALSO KNOWN AS HARDIE AVENUE S0U'll1Wt5T); THENCE NORTH 10'50'45" EAST, ALONG SAID EASTERLY MARGIN, 59,33 FEET, MORE OR LESS, TO TIIETRUE POINT OF BEGINNING; EXCEPT THAT PORTION lliEREOF LYING EASTERLY OFTHE NORTHEASTERLY PROJECTION OF THAT CERTAIN LINE BEARING NORTH llfi'32"49" EAST AND 100.63 FEET IN LENGTII, AS DESCIUBEO IN AN INSTRUMENT RECORDED UNDER KING CO\/NTY RECORDING NO. 4008583; ALL SrrtJATE IN TIIE CITY OF RENTON, COUNTY OF KING, STATE Or WASHINGTON. \ CITY OF RENTON FINANCE DEPARTMENT 1055 SGRADYWAY RENTON, WA 98057 12/14/2007 NOTICE OF LIEN FOR UTILITY SERVICE CITY OF RENTON vs.GREG OFARRELL NOTICE IS HEREBY GIVEN that the City of Renton, State of Washington, has and claims a lien for utility charges against the following described premises situated in King County, Washington. Said lien is claimed for delinquent utility charges and penalties and is also claimed for future utility charges against said premises. Property Address 176 HARDIE AV SW Parcel No Lien Amount 1823059120 $443.20 Utility Account No 031755-000 Pursuant to Renton Municipal Code, Title VIII, Chapter I, 8-1-8, Chapter 2, 8-2-1, Chapter 4, 8-4-12 and Chapter 5, 8-5-16, and Revised Code of Washington, Chapter 35, "Such charges and penalties shall be a lien against the herein above described real properties." I, Linda Parks, Fiscal Services Director of the City of Renton Finance Department, King County, Washington, hereby certify that the above referenced account is delinquent in the sum stated. Linda Parl<s Fiscal Services Director City of Renton 590116 Page I ofl 20080104001017.001 • CITY OF RENTON FINANCE DEPARTMENT 1055 S GRADY WAY RENTON, WA 98057 12/14/2007 NOTICE OF LIEN FOR UTILITY SERVICE CITY OF RENTON vs.COLDWELL BANKER COMMERCIAL NOTICE IS HEREBY GIVEN that the City of Renton, State of Washington, has and claims a lien for utility charges against the following described premises situated in King County, Washington. Said lien is claimed for delinquent utility charges and penalties and is also claimed for future utility charges against said premises. Property Address 176HARDIEAVSW Parcel No Lien Amount 1823059120 $443.20 Utility Account No 031755-000 Pursuant to Renton Municipal Code, Title Vlll, Chapter 1, 8-1-8, Chapter 2, 8-2-l, Chapter 4, 8-4-12 and Chapter 5, 8-5-16, and Revised Code of Washington, Chapter 35, "Such charges and penalties shall be a lien against the herein above described real properties." I, Linda Parks, Fiscal Services Director of the City of Renton Finance Department, King County, Washington, hereby certify that the above referenced account is delinquent in the sum stated. Linda Parks Fiscal Services Director City of Renton 590116 Page I of I 200801 04001018.001 Printed: 01-19-2010 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA 10-004 Receipt Number: Total Payment: 01/19/2010 04:24 PM 2,000.00 Payee: AUTOZONE Current Payment Made to the Following Items: Trans Account Code Description 5010 000.345.81.00.0007 Environmental Review 5020 000.345.81.00.0017 Site Plan Approval Payments made for this receipt Trans Method Description Amount Payment Check 564476 2,000.00 Account Balances Amount 1,000.00 1,000.00 Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 DO NOT USE -USE 3954 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 c· tty of Rento Planning Divisionn JAN • 1 9 I ''J ,., R1000319