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' I ~",· J 1 i : - J ======== • 414 Ste,vart Street Suite 200 Seattle, WA 98101 T\206)625·3300 April 17, 2015 Roca le Timmons City of Renton, Planning Division 1055 South Grady Way Renton, WA 98057 Dear Ms. Timmons, RE: Site Plan Review Modification -Renton Highland Taco Time NW Development -Retail Shell Adjacent to the new Taco Time NW building is proposed a smaller retail shell building and drive-thru for a coffee retail tenant. The revised retail building will be+/-2163 SF and the exterior detailing and finishes for the coffee retail building complement the neighboring Taco Time while retaining unique elements such as the metal siding and stone base that wraps the facade. The southeast corner is featured by an elevated roof line and storefront with canopy that wraps along the south and east sides and open up to an exterior patio along NE 4th St. A drive thru lane is accessed from the drive aisle on the north end of the property and runs along the West property line inside the required landscape buffer . Sincerely, Mat Bergman Project Manager BCRADESIGN.COM . ' cm' O!' l'IENTCN RECEIVED APR 1 7 2015 BUILDING DIVISION DEPARTMENT OF COl ..... UNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION [:gJ APPROVAL D DENIAL EVALUATION FORM & DECISION of PROJECT NAME: PROJECT NUMBER: Taco Time Renton Highland Development -SA Modification LUA14-000083, MOD PROJECT MANAGER: APPLICANT: ZONING CLASSIFICATION: PROJECT LOCATION: SUMMARY OF REQUEST: Rocale Timmons, Senior Planner BCRA Mat Bergman 414 Stewart St, Suite 200 Seattle, WA 98101 Commercial Arterial (CA} 4114 NE 4th St Pursuant to RMC 4-9-200H the applicant is requesting a Minor Modification to an Approved Site Plan for the Taco Time Renton Highland Development, LUA14-000083, SA-A, ECF, MOD. The applicant is requesting the following changes to the approved plan: 1. Revise the approved retail building on the western portion of the site to accommodate a drive thru Starbucks. The revision requires a reduction in the size of the retail structure from 3,347 square feet to 2,163 square feet. The reduced footprint would be used to locate a new drive thru lane, pedestrian plaza, and additional landscaping. BACKGROUND: The applicant received Administrative Site Plan and Environmental Review and approval for the construction of a new retail structure and Taco Time with drive thru, along with associated parking, landscaping and infrastructure. The Taco Time would have a gross square footage of approximately 3,073 square feet. The retail structure was approved with a gross square footage of approximately 3,347 square feet. The site contains an existing 2,818 Taco Time which is proposed to be demolished. The 0.77 acre site is located within the Commercial Corridor (CC} land use designation, Commercial Arterial (CA) zoning classification, and Design District 'D'. The subject property is located on the north side of NE 4th St just east of Union Ave NE. Access to the site is proposed via a shared ingress/egress point off of NE 4th St. A total of 27 parking spaces were approved within a surface parking to the north, and in between, the two structures. On March 3, 2014 the CED Administrator issued an approval of the Taco Time Renton Highlands Development subject to 15 conditions of approval. City of Renton Department of Com y and Economic Development Administrative TACO TIME RENTON HIGHLANDS DEVELOPMENT MINOR MODIFICATION ication Request Report & Decision LUA14-000083, MOD Report of May 12, 2015 Page2of4 The proposed modification would include exterior detailing and finishes similar to the Taco Time building, including metal siding and stone bases which wrap the building. The southeast corner would include an elevated roof line, and storefront, with a canopy which wraps along the south and east sides of the building and opens onto an exterior patio. The drive thru lane would be accessed from the drive aisle on the north end of the property and run along the west property line interior to the required landscape buffer. EXHIBITS: Exhibit 1: Exhibit 2: Exhibit 3: Site Plan 4/17/2015 Elevations 4/17/2015 Landscape Plan 4/17/2015 ANALYSIS OF REQUEST: Section 4-9-200H allows the Administrator to grant minor modifications to approved Site Plans, provided the modification meets the following criteria (pursuant to RMC 4-9-200.H.2): Criteria Criteria Met The adjustment does not involve more than a ten percent (10%} increase X in area or scole of the development in the approved site plan; or The adjustment does not have a significantly greater impact on the environment and facilities than the approved plan; or Staff Comment: With a reduction in the proposed retail building footprint the applicant is proposing additional landscaping, a pedestrian patio, and a drive thru lane. The following comments address those changes which require demonstration of compliance with Title IV of the Renton Municipal Code. A conceptual landscape plan was submitted with the project application (Exhibit 3}.The landscape plan includes additional plantings along the Compliant if west side of the proposed building: hebe, blue oat grass, sky pencil Conditions of Japanese holly, and Oregon boxwood. The applicant is proposing Approval Are Met kinnikinnick, beach strawberry and turf as groundcover. No trees are proposed within this landscape area. However, the proposal does have the ability to incorporate small to medium trees (at maturity) along the west side of the building to assist in screening the blank facade. Additional landscaping would improve the aesthetic quality of the development and soften the appearance of the proposed western facade. Therefore, staff recommends the applicant be required to submit a revised landscaping plan to include trees within the landscaping adjacent to west side of the proposed Starbucks. The City of Renton Department of Com y and Economic Development Administrative TACO TIME RENTON HIGHLANOS DEVELOPMENT MINOR MOO/FICA T/ON ication Request Report & Decision WA14-000083, MOD Report of May 12, 2015 revised landscaping plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. The parking regulations, RMC 4-4-080, require a specific number of stacking spaces for drive thru eating and drinking establishments (5 spaces). The provided site plan does not include adequate information to determine compliance (Exhibit 1). Therefore staff recommends, as a condition of approval, the applicant submit a revised site plan depicting adequate drive thru stacking space in compliance with RMC 4-4-080. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. The applicant is proposing a patio space in order to enhance the site's appeal to pedestrians (Exhibit 3). The patio area is visible from the street and is located between the main entrance and the street. However, amenity details were not provided with the modification request. Therefore staff recommends, as a condition of approval, the applicant provide amenity detail/specifications for planned patio improvements along the southern/NE 4th St fa~ade. The detail/specifications shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. Materials are required to be durable, high quality, and consistent with more traditional urban development, such as brick, integrally colored concrete masonry, pre-finished metal, stone, steel, glass and cast-in- place concrete. 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. The adjustment does not change the boundaries of the originally approved plan. DECISION Page 3 of4 X The proposal satisfies 3 of the 3 criteria listed in RMC 4-9-200.H.2 for the requested modification. Therefore, the requested minor modification for the Taco Time Renton Highlands Development, Project Number LUA14-000083, MOD is approved subject to the following conditions of approval: 1. The applicant shall be required to submit a revised landscaping plan, to include trees within the landscaping adjacent to the west side of the proposed Starbucks. The revised landscaping plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. City of Renton Department of Com y and Economic Development Administrative TACO TIME RENTON HIGHLANDS DEVELOPMENT MINOR MOD/FICA TION Report of May 12, 2015 icaUon Request Report & Decision WA14-000083, MOD Page 4 of 4 2. The applicant shall submit a revised site plan depicting adequate drive thru stacking spaces in compliance with RMC 4-4-080. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 3. The applicant shall provide amenity detail/specifications for planned patio improvements along the southern/NE 4th St fa~ade. The detail/specifications shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 4. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. \ <: .. ':_J ',_ Jennifer Henning, Planning Director Date The decision to approve the modification(s) will become final if not appealed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057 on or before 5:00 pm, on May 26, 2015. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall -7'h Floor, (42S) 430-6510. If you have any further questions regarding this decision, feel free to contact the project manager, Rocale Timmons, at 425.430.7219 or rtimmons@rentonwa.gov. CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: April 11, 2014 To: City Clerk's Office From: Lisa Marie Mcelrea Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Taco Time Renton Highlands Development LUA (file) Number: LUA14-000083, ECF, SA-A Cross-References: AKA's: Project Manager: Rocale Timmons Acceptance Date: February 3, 2014 Applicant: Mat Bergman, BCRA Owner: Bellevue TI LLC Contact: Mat Bergman, BCRA PID Number: 1023059132 ERC Determination: DNS Date: March 3, 2014 Anneal Period Ends: March 21 2014 Administrative Decision: Approved with Conditions Date: March 3, 2014 Anneal Period Ends: March 21 2014 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Anneal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant requested Site Plan Review and Environmental Review, for the construction of a new Taco Time and retail building with 27 parking spaces. The 0. 77 acre site is located in the CA zone. Access to the site is proposed via NE 4th St. Location: 4114 NE 4'" Street Comments: ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; DS -Determination of Significance. Denis Law $ ·· . City of/ ____ _:May:..or --------Ji~MJ@ April 11, 2014 Mat Bergman BCRA 414 Stewart Street Suite 200 Seattle, WA 98101 Department of Community and Economic Development - C.E."Chip"Vincent, Administrator SUBJECT: Taco Time Renton Highlands Development Li.JA14-000083, ECF, SA-A Dear Mr. Bergman: This letter is to inform you that the appeal period ended March 21, 2014 for the Administrative Site Development Plan Review approval. No appeals were filed, therefore, this decision is final and application for the appropriately required permits may proceed. The advisory notes listed in the City of Renton Report and Decision dated Marth 3, 2014 must be adhered to during construction and prior to final inspection. Furthermore, the Administrative Site Development Plan Review decision will expire two (2) years from the date of decision. If you are unable to finalize the development within the two-year time- frame, a single two (2) year extension may be requested in writing, pursuant to RMC 4- 9-200. lri regards to the vestin-g of the above referenced project, please be aware that as long as the ·development of the project conforms to the approved plans and building permits are submitted within the relevant time limits, the zoning regulations in effect at the time of the original approval shall continue to apply. However, all construction shall conform to the International Building Code and Uniform Fire Code regulations in force at the time of building permit application. If you have any questions regarding the report and decision issued for this site plan development proposal, please call me at (425) 430-7219. Sen io Planner cc: Bellevue TT LLC / Owner(s) Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov · PLAN REVIEW COMMENTS (LuA14-000083~) ___ __.,....__.-........ · •• ~{,iiFJ:[JJ)JJ PLAN ADDRESS: DESCRIPTION: Engineering Review April 11, 2014 NE 4114 4TH ST RENTON, WA 98059-5011 APPLICATION DATE: 01/24/2014 The applicant is requesting Administrative Site Plan Review and Environmental Review, for the construction of a new Taco Time with drive through along with associated parking, landscaping and a building pad for a future commercial building. The proposed Taco Time would have a gross square footage of approximately 3,067 square feet. The site currentJy contains an existing 2,818 Taco Time which is proposed to be demolished as part of the proposal. The 0.77 acre site is located within the Commercial Corridor (CC) land use designation, Commercial Arterial (CA) zoning classification, and Design District 'D'. The subject property is located on the north side of NE 4th St just east of Union Ave NE. Access to the site is proposed via a shared ingress/egress point off of NE 4th St. A total of 27 parking spaces within a suliace parking to the north, and in between, the two structures. There are no critical areas located on site. The appeal period was extended to March 28, 2014. Rohinl Nair Ph: 425-430-7298 email: rnair@rentonwa.gov Recommendations: I have reviewed the application for the Taco Time project located at 4114 NE 4th Street and have the following comments: EXISTING CONDITIONS WATER Water service will be provided by City of Renton. There is existing 8 inch diameter water main on NE 4th Street SEWER Sewer se1Vice will be provided by the City of Renton. There is existing 24 inch diameter sewer main on NE 4th Street. STORM There appears to be an existing st°'m pipe adjacent to the site frontage on NE 4th Street and layed through the west portion of the site. Existing su1Vey information should indicate this storm pipe and determine if use of this pipe is feasible. STREETS There was a recent City corridor project on NE 4th Street, and the street frontage of the proposed site was re-constructed by the City. CODE REQUIREMENTS WATER 1.Water service will be proYided by the City. 2.The submitted plan show street cuts on NE 4thStreet to provide water service to the project. Try to ayoid street cuts on the street. An option to consider is the extension of 8 inch diameter water main from the exiting water main east of the site {W-0729). If street cuts are unavoidable, then complete concrete panel replacement and restoration will be required following City street standards. 3. System development fee (SOC) for water is based on the size of the new and/or resized domestic water meter and fire line that will serve the development. The SOC fee is due at the time of issuance of the utility construction permit. SANITARY SEWER 1. Sewer service is provided by the City of Renton. 2. Individual sanitary sewer connection is proposed to be obtained for the two buildings from the existing sewer main located on the Safeway site. Show the existing sewer easement on the utility construction plans. If the proposed sewer connection to serve the project wlll pass through the Safeway site that is not covered in the existing easement, then easement will be required to be obtained from Safeway for that portion of the sewer line. 2. Grease interceptor is proposed for the projecl 3. The Sanitary Sewer System Development Charge (SDC) is based on domestic meter size. The SOC fee is payable at the time the utility construction permit is issued 4. The East Renton Interceptor Special Assessment District {SAD) fee is applicable on the project. The payment will be assessed at the time of the utility construction permit and payment will be due at the time of issuance of the utility construction permit SURFACE WATER 1. A TIR prepared by BCRA has been submitted for the proposed project. The report addresses compliance with 2009 King County Surface Water Drainage Manual (KCSWDM) and City of Renton Amendments. Section 3 of the TIR incorrectly mentions that the Offsite analysis was done based on the 1998 KCSWDM, however correspondence with the applicant has clarified that it was a typing error and that the actual study was based on the 2009 KCSWDM. The report mentions that the field investigation for the downstream analysis was not yet done, but will be done and submitted with the final submittal of the TIR with the utility construction permit. The site is located in the Flow Control Duration Standard Forested conditions area. Flow control facility and water quality is required from the proposed project. 2. The project proposes the relocation of the existing storm main running through the western portion of the parcel because the building 2 is proposed to be located there. The proposed site plan does not provide the necessary pipe easement and building setback area for the proposed relocated storm main. Therefore building 2 will have to be relocated and/or resized to provide the Paga 1 of 2 Fire Review-Building April 11, 2014 necessary easement a1 ack as per the 2009 King County Surface Water Drainage sl (KCSWDM) and City of Renton Amendments. The existi .. ,., storm main (under the proposed building) must be removed. 3. A geotechnical report, dated November 11, 2013, prepared by Geotech Consultants, Inc. was submitted for the project 4. Stormwater system development charge (SOC) fee is applicable on the project. The current SOC fee for stormwater is $0.491 per square feet of new impervious surface, but not Jess than $1,228.00. The SOC fee will be due at the time of issuance of the utility construction permit and the rate that is current at that time will be applicable 5. Aquifer protection per RMC 4-3-050 is required far this Zone 2 of the Aquifer Protection Area. Final design shall be required to comply by this City code. TRANSPORTATION/STREET 1. Transportation impact fee that is current at the time of building permit application will be applicable on the project. Payment of the transportation impact fee is due at the time of issuance of the building permit. 2. The street frontage improvements on the site were recently constructed by the City's recent NE 4th Street corridor project. Therefore, this project is not required to provide street frontage improvements. 2. lf street cuts are unavoidable for water or gas service, a minimum pavement restoration of full concrete panel replacement will be required. Traffic control will also be applicable. GENERAL COMMENTS 1. Separate permits and fees for side sewer connection and storm connection will be required 2. AU construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. Corey Thomas Ph: 425-430-7024 email: cthomas@rentonwa.gov Recommendations: Environmental Impact Comments: 1. The fire impact fees are applicable at the rate of $0.52 per square foot of building area. These fees are paid at time of building permit issuance. Credit will be given for the removal of the existing restaurant. This fee increases to $0.94 on January 1st, 2014. Code Related Comments: 1. The preliminary fire flow requirement for a non-sprinklered building is 2,000 gpm. Two fire hydrants are required. One fire hydrant is required within 150.feet of the proposed buildings and one hydrant is required within 300-feet. Existing hydrants are adequate. 2. The threshold for fire alarm systems in Renton is 3,000 square feet. The threshold for fire sprinkler systems in Renton is 5,000 square feet or an occupant load of 100 or more persons. Separate plans and permits are required to be submitted to the Renton Fire Department for review and permitting. Fire alarm system shall be fully addressable and full detection is required. A direct outside door is required to the fire sprinkler riser control room. 3. An annual place of assembly permit is required for occupancies exceeding 50 persons. 4. Fire department apparatus access roadways are adequate. Turning radius are 25-feet inside and 45-feet outside. 5. An electronic site plan is required to be submitted to the Renton Fire Department for pre.fire planning purposes prior to occupancy of the building. Page 2 of2 STATE OF WASHINGTON, COUNTY UF 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 Com1 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 7, 2014. The full amount of the fee charged for said foregoing publication is the su~$87.50. (.-/)IJitf!o ):~ /ld'tt-~ ~nda M. Mills Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 7th day of March, 2014. (10. 'tlLlu,~ (J J)zc ~ IILti,. Kathleen C. Sherman, Notary Public for the State of Washington, Residing in Buckley, Washington '\\t,~,)l;, __ .,-"'·""C:\: :-·,_,.,,:o\. \ -;\/> -~ :o\ \ ,_:r:,,,,. ::~~;;_{4; 1 ,1,. ,s;-. ·111,\H,\\~: ,..1 r< ... ,.._ .... '''-/::,,/./ r~::.· 0 ~: ~.: ... ,:-.'· '.II I\', 1 1 I\\\\\'\' 'iOTICE OF 1':NVIRONl\11<:NTr\l, DETER\ll"IATION ENVIRONMENTAL REVIEW CO~n!ITTEE RENTON, WASHINGTO'\ The Environmental Review Committee has issuc<l a Determi- nation of Non Significance (DNSJ for the following proJcct under the authority of the Renton municipal code Taco Time Renton Highlands Development LU/114 000083 Location 4114 Nl'. 4th St. The applicant requesti:d Site Plan Review and Environmental Review. for the construction of a new Taco Time and retail building with 27 parking spac- es. The 0.77 acre site is locat- ed in the CA zone. Access to the site is proposed via NE 4th St Ap(K'als of the D~S must be filed in writing on or before 5:00 p.m. on March 21, 2014. Appeals must be filed in writmg tog.ether with the required tee with: Hearing Examiner c/o City Clerk_ City of RenlOn, 1055 S Grady Way. Renton. WA 98057. Appeals to thi.: I !earing. l:::xammcr are governed by RMC 4 8 110 and more information may be obtained from the Renton City Clcrk·s omcc. 425 430 65 lO Pubhshed in the Renton Reporter on March 7. 2014. #999241. NOTICE Of APPLICATION AND PROPOSED DETERMINATION Of NON-SIGNIFICANCE-MITIGATED (DNS-M) A M;utor Applk.otion ha, b..,n flltd ond a«epted with tho Dtparlm~nt of Community& E<onoml< Oevelo""'onl (CED)-Plannln1 Dlvl<lon oflh• City of Ronlon. n,o foHowl"ll hMefly do><rlbe• tho app!ltatlon and tho n•<1!1Y')' Public Approval,. DATE OF NOT1CE OF Al'l'UCATION; J:ebruary 3, io14 I.AHO U5E NUMBER: LUAlA--000083 PRO!fCT NAME: Taco Time Renton Hi1hli1nd, O,,voloµment PIIOJlCT DESCRll'TION: The app!,:.Ont I• reque,tin1 Admln1,1 ... tiYo Site Plan ~eYiow and Env!ronmental Review, l<lr t~ «>nS1ructlon of• new Toce Time w~h drjye ttm,ugh aton1 with ,,.odated park!ng. .and><:aplng ,M a bulld;ng P•d !or a future commorcill bulldln1. Tot prop<,sod Taco Tlmo w,JUld havo a 1ro,, squaro klotag,, of approxtmatel~ 3,067 square feet The site currently cont,ln, an e,1,11n1 1,S18 Tw, T1mc wh;ct, 1, propo,.d to be demoHsh•d as p11rt of the propos.al. A«oss tu 01• sit• l! oropc,,ed vii , si,,,.,,d in&rl!ss/ogr"'s point off of NE 4th St A totll of 27 porl<lng Space• will\in I surnlco parlcln1 !<> tho north. and In betwoen, th• two ,tructur.,, Thero ,,.., no crltical areas located on ,11e. PROJECTl..OCATION: 4114NE4'"Street Ol'110NAL DETtRMINATION OF NON-SIGNIFICANCE, MITIGAftD (DNH/tl: i>.l rt\e !.,,ad '41enct, tho City of Aenton has determl""d that sler>lfk.ant envlronmental Impact, are unlikely lo result fmm the P'°J)(l"'d project. Then,/ore, as pumitted under the Rew 43.21C.110, th• CitY of Renton is usin9 th• Opllonal DNS..M proces, tu 8i"' notice that• DN:5· Mi> ll~ely to l>o 1 .. ued. C<>mmentpe<iod, !or the project and the pro;,osed DNS--M ore lntqrated Into a sln(le comment period. Thero win h• no comment perlod lolk>win1 the inuance of the Thn,shold Determination of Non-Slgnilkance· Miti11ated (ONS..M). A ).4-day appeolperiod wlll follow tho l"uance of the DNS-M. PERMIT P.PPUCATION DP.ft: NOTICl: Of COMPlET! APPllCAllON: Januaryl4, 2014 February],W14 APPLICANT /PROJlCT CONTACT P"ERSON: Matt kl'lfflan/lK:AA,IMln: 414 Stowart Street. S..IU 200, s.ttlo, WA 18101/tMaU:mberJman4PIK..desl1".cam Otl1•r Pwrmlts wt,lch may be ,-.qlllr•d: Requested Stud le,: lO<att<>n whe•• a.ppllotlon may be N!Ylewad: C0NSIST~NCT OVERIIIEW: Zonlnl/bnd UH: En.-1,anmonUI (5EPAI Review, Sita Plan Admlnl•tratl,e R•\S- Bulldln1, C<>I\SUuction, Sl1U1 Deportment of C°""""nlty & Economic Otve1opmo nt (CEO] -Pl•nnln1 111-.lslon, Sl•th ~laor Renton City Hall, 10!5 So•lh Grady Way, Rtf1ton, WA ~11157 lhe subj"! ,11. is designated Comp,-.t>onsl.-c Land U•• de1Cnatlon hot Ronton lnte,teptor SAD IIHldentlal and Cammtrclll (SA00002R,SAO(l[IO%C) on th• Oty of Renton CompN1hensM! land Use Map and lon1111 desl1n1t1on Commorlal ArWr'lal jCA) on the City's Z0<1I~ Map. II you would like to be made a f>art'/ Of record 00 receiY<!! furth" ln/ormollon on 1h11 pr<lp(lS<d project, complele this form and retum to: Otyol llenton, CEO -Pl.inn,ns DNiskin, JOS5 So. Grady Wl'f, Renton, WA98057. Nam,e/flif! No.: Taco Time Renton Hi&hlllnds o,....,lopment/LUA14-0000U N<I.ME: ---------------------------- MAILINGAOORESS:, _____________ crty/Stat</Zlp: _______ ~- ftlEPHONe NO.:------------ CERTIFICATION EnvlronmQ,rtal Oca:;umonl'I that Evaluale lhe ProposeG Prolect: o,.,.,lopmant R•JUl•Han, Used For Projocl Ml~pt!on: En.ironment..1 (SEPA) CMl!d<ll<t Tho proJ..:t w111 be subi•ct 10 th• c,ty', SEPA or<lln,nce, ~MOl-2-120A ,nc other appll<ablR cod ts and '"iulatlons u appropriate. n,0 fallowing MiU11atlon Mea...,,es Ollli lllu!ty be ;mpo,.d on ttie ;,ro~ project Thtse ree<>mmend..il M~iUtion Measun,; address pro)<,ct Im po.ti> not tovered by hiSt1'"4'! todos and "lul,tion, a..s cited ,t,a,, •. • n,e appUconc would lie n,qulred to comply wJt/t t/te n,~cmrmfl!d(it./orts within !J1e provided ~DCti:hnfrgJ n,port. c..mments on the ah<>Yo ,ppll,;atlan must~• submitto-d In wrltln1 to Roc:alo nmmons, $oniorPlanr,ar, CID -Plon,,ln1 Dtvl•k>n, 1055 South Gtadr WaJ, Rentan, WA 9IIOS7, by S:00 PM on f'tbrua,y 17, 2014. If""" llav• questions about th~ prop0oa\ or wfsh to ho mad• , party of reom:I and rece;,o •dditloo1I notiH<a~on by mail, cont1et tho Prnject Manager. P.nyoM who wbmits written com""'nts Will 1utoma1k:ally become • Pll't\' of nicord and will be notlfledo f •"i dotl!.lon on tn, project. CONTACT PERSON: Rocale Timmons, Senior Planner; Tel: (425) 430-7219; Eml: 11 you would hb to be made a p•rt'/ of ,.cord oo recoiY& further information on 1h15 orope<od project cem,:Jlete 1his form aod return lo: Oty of ~enton, CEO -Planninl! Dt<lslon, 1055 So, Grady Way, Renton, WA '.l80S7. N•mefFlle No.: Taco Time Renton Highland, D~Y<!lopmont/l.UAl4-000083 NAME:---------------------------- MAlllNGAOORESSc,·_ ------------City/Slate/Zip:, ________ _ TELEPHONE NO: ------------ 1 {JJ{ti,/ l firr, t uI t L,-< .. ___ . '7 , , hereby certify that --.,,,. copies of the above document were posted in J conspicuous places or nearby the ~scribed property on Date: i/ f'?i /Ji Signed~i,'L-C (-<. STATE OF WASHlNGTON ) \ ) ss I COUNTY OF KING ) I certify that I know or have satisfactory evidence that )(Dea, ( f L' Cb mo o-S signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. 3 ) Notary (Print): blic in and for the State of Washington Agencies Matt Bergman/BCRA Bellevue Taco Time LLC See attached (Signature of Sender): STATE OF WASHINGTON COUNTY OF KING 3 dl)/fj I See Attached Contact/ Applicant Owner 300' surrounding property owners 55 e~_.and purposes Notary (Print): ____ ..:.H.ur.u.~l,.J...>ll---:f-1-..eb::...· ""LWJ:5=------------ My appointment expires:)?tJ ~j-d qi c){) I? Taco Time Renton Highlands Development LUA14-000083, ECF, SA·A template -affidavit of service by mailing 5182100010 923059217 1023059128 SCHWAB LES PROFIT SHARING RENTON'S RANDS INVESTMENT 4TH & UNION RENTON RETIREMENT TRUST #314 C/0 STANLEY REAL ESTATE C/0 JSH PROPERTIES PO BOX 5350 21014TH AVE #310 10655 NE 4TH ST #901 BEND, OR 97708 SEATILE, WA 98121 BELLEVUE, WA 98004 1623059084 5182100031 5182100009 HEARTLAND AUTO SERVICES IN US POSTAL SERVICE WALGREEN COMPANY 11308 DAVENPORT ST 17200 116TH AVE SE ATIN TAX DEPT OMAHA, NE 68154 RENTON, WA 98058 104 WILMOT RD #MS 1435 DEERFIELD, IL 60015 5182100021 1023059132 1023059374 SB 16 RIBERA BALCO LLC BELLEVUE TI LLC PACWEST ENERGY LLC 190 QUEEN ANNE AVE N #100 3300 MAPLE VALLEY HWY 3450 COMMERCIAL CT SEATILE, WA 98109 RENTON, WA 98058 MERIDIAN, ID 83642 8805000010 8805000020 923059050 BUYS/KOOYMAN ATIN EDWARDS D AUTO ZONE INC/14115 BRIDGESTONE AMERICA'S TIRE C/0 JSH PROPERTIES INC DEPT 8088 535 MARRIOTI DR 10655 NE 4TH ST #901 PO BOX 2198 NASHVILLE, TN 37214 BELLEVUE, WA 98004 MEMPHIS, TN 38101 1023059263 8805000030 KING COUNTY WATER DIST #90 SAFEWAY INC STORE 1468 15606 SE 128TH C/0 COMPREHENSIVE PROP TAX RENTON, WA 98059 1371 OAKLAND BLVD STE 200 WALNUT CREEK, CA 94596 Dept. of Ecology** Environmental Review Section PO Box47703 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 Powe rs * * * 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°d Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program* Attn: Ms Melissa Calvert 39015 172"d 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 Environmental Checklist, Site Plan PMT1 and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov ***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template -affidavit of service by mailing March 6, 2014 Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Department of Community and Economic Development C.E. "Chip" Vincent, Administrator Subject: ENVIRONMENTAL (SEPAi THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on March 3, 2014: SEPA DETERMINATION: Determination of Non-Significance PROJECT NAME: PROJECT NUMBER: Taco Time Renton Highlands Development LUA14-000083 Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on March 21, 2014, 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 RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7219. Enclosure cc: King County Wastewater Treatment Division Boyd Powers, Department of Natural Resources Karen Walter, Fisheries, Muck!eshoot 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 Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov rJ Cityof , r \ · sfl I.(jfl OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON-SIGNIFICANCE (DNS) POSTED TO NOTIFY INTERESTED PERSONS Of AN ENVIRONMENTAL ACTION PROJECT NAME: PROJECT NUMBER: Taco Time Renton Highlands Development LUA14-000083 LOCATION: 4114 NE 4th Street DESCRIPTION: The applicant is requesting Administrative Site Plan Review and Environmental Review, for the construction of a new retail structure and Taco Time with drive through, along with associated parking, landscaping and infrastructure. The proposed Taco Time would have a gross square footage of approximately 3,073 square feet. The proposed retail structure would have a gross square footage of approximately 3,347 square feet. The site currently contains an existing 21818 Taco Time which is proposed to be demolished as part of the proposal. The 0.77 acre site is located within the Commercial Corridor (CC) land use designation, Commercial Arterial (CA) zoning classification, and Design District 'D', The subject property Is located on the north side of NE 4th St just east of Union Ave NE. Access to the site is proposed via a shared ingress/egress point off of NE 4th St. A total of 27 parking spaces are proposed within a surface parking to the north, and in between, the two propsoed structures. The site is located within Zone 2 of the Aquifer Protection Area and there are no other crltical 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 21, 2014, 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 RMC 4-8-110 and 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. March 6, 2014 Mat Bergman BCRA 414 Stewart Street Suite 200 Seattle, WA 9.8101 Department of Community and Economic Development . C.E."Chip"Vincent,Administrator SUBJECT: ENVIRONMENTAL THRESHOLD {SEPAi DETERMINATION Taco Time Renton Highlands Development, LUA14-000083 Dear Mr. Bergman: This letter is written on behalf of the Environmental Review Committee (ERC) to advise . you that they have completed their review of the subject project and have issued a threshold Determination of Non-Significance. Please refer to the enclosed ERC Report and Decision for more details. Appeals of the envirnnmental determination must be filed in writing on or before 5:00 p.m. on March 21, 2014, together with the required fee wi.th: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more 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 date will be set and all parties notified. If you have any questions or desire clarification of the above, please call me at (425) 430-7219. For the Environmental elliew Committee, jimmo.._n_s'-"".,. Senior Planner Enclosure cc: Bellevue·n LLC / Owner(s) Renton City Hall • 1055 South Grady Way·• Renton, Washington 98057 • rentonwa.gov DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE PROJECT NUMBER: APPLICANT: PROJECT NAME: LUA14-000083 Mat Bergman Taco Time Renton Highlands Development PROJECT DESCRIPTION: The applicant is requesting Administrative Site Plan Review and Environmental Review, for the construction of a new retail structure and Taco Time with drive through, along with associated parking, landscaping and infrastructure. The proposed Taco Time would have a gross square footage of approximately 3,073 square feet. The proposed retail structure would have a gross square footage of approximately 3,347 square feet. The site currently contains an existing 2,818 Taco Time which is proposed to be demolished as part of the proposal. The 0.77 acre site is located within the Commercial Corridor (CC) land use designation, Commercial Arterial (CA) zoning classification, and Design District 'D'. The subject property is located on the north side of NE 4th St just east of Union Ave NE. Access to the site is proposed via a shared ingress/egress point off of NE 4th St. A total of 27 parking spaces are proposed within a surface parking to the north, and in between, the two propsoed structures. The site is located within Zone 2 of the Aquifer Protection Area and there are no other critical areas located on site. PROJECT LOCATION: LEAD AGENCY: 4114 NE 41 " St. 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- 9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on March 14, 2014. 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 RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF DECISION: SIGNATURES: Community Services Department March 7, 2014 March 3, 2014 Date Fir ~ Date ~~~~~~~~ C.E. "Chip" Vincent, Administrator Department of Community & Date Economic Development 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 3, 2014 Taco Time Renton Highland Development Bellevue TT LLC; 3300 Maple Valley Highway; Renton, WA 98058 BCRA, Mat Bergman; 414 Stewart St, Suite 200; Seattle, WA 98101 LUA14-000083, ECF, SA-A, MOD Rocale Timmons, Senior Planner The applicant is requesting Administrative Site Plan Review and Environmental Review, for the construction of a new retail structure and Taco Time with drive through, along with associated parking, landscaping and infrastructure. The proposed Taco nme would have a gross square footage of approximately 3,073 square feet. The proposed retail structure would have a gross square footage of approximately 3,347 square feet. The site currently contains an existing 2,818 Taco Time which is proposed to be demolished as part of the proposal. The 0. 77 acre site is located within the Commercial Corridor (CC) land use designation, Commercial Arterial (CA) zoning classification, and Design District 'D'. The subject property is located on the north side of NE 4th St just east of Union Ave NE. Access to the site is proposed via a shared ingress/egress point off of NE 4th St. A total of 27 parking spaces are proposed within a surface parking to the north, and in between, the two propsoed structures. The site is located within Zone 2 of the Aquifer Protection Area and there are no other critical areas located on site. 4114 NE 4th St 33,702 SF Proposed New Bldg. Area (gross): 6,420 SF Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance (DNS). Project Location Mop ERC & Site Plan Report City of Renton Deportment of Community & mic Development TACO TIME RENTON HIGHLANDS DEVELOPMENT Report of March 3, 2014 i A. EXHIBITS: Environmental Re ·ommittee & Administrative Site Plan Report LUA14-000083, SA-A, ECF Page 2 of 29 Exhibit 1: Environmental Review Committee & Administrative Site Plan Report Exhibit 2: Site Plan Exhibit 3: Landscape Plan Exhibit 4: Elevations Exhibit 5: Geotechnical Report Exhibit 6: Technical Information Report Exhibit 7: Environmental "SEPA" Determination Exhibit 8: Utility and Drainage Plan Exhibit 9: Aerial Photograph I 8. GENERAL INFORMATION: 1. Owner(s} of Record: 2. Zoning Designation: 3. Comprehensive Plan Land Use Designation: 4. Existing Site Use: 5. Neighborhood Characteristics: a. North: Safeway & Retail (CA zone) b. East: Retail (CA zone) c. South: Retail (CA zone) d. West: Retail (CA zone) 6. Site Area: 33,702 SF I C. HISTORICAL/BACKGROUND: Action Comprehensive Plan Zoning Annexation I 0. PUBLIC SERVICES: 1. Existing Utilities Land Use File No. N/A N/A N/A Bellevue TI LLC 3300 Maple Valley Highway Renton, WA 98058 Commercial Arterial (CA) Commercial Corridor (CC) Existing 2,818 square foot Taco Time restaurant which is proposed to be demolished. Ordinance No. 5099 5100 2290 Date 11/01/04 11/01/04 11/23/1966 a. Water: Water service would be provided by the City of Renton. There is an existing 8-inch diameter water main in NE 41 " St. ERC/Site Plan Report City of Renton Deportment of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS D OPMENT LUA14-000083, SA-A, ECF ---------------Report of March 3, 2014 Page 3 of 29 b. Sewer: Sewer service would be provided by the City of Renton. There is an existing 24-inch diameter sewer main in NE 4th St. c. Surface/Storm Water: There appears to be an existing storm pipe adjacent to the site frontage on NE 4th St along the western portion of the site. 2. Streets: There was a recent City corridor capital improvement project along NE 4th St. Street improvements fronting the subject site were constructed by the City. 3. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-120: Development Standards for Commercial Zoning Classifications 2. Chapter 3 land Use Districts a. Section 4-3-050: Critical Area Regulations b. Section 4-3-100: Urban Design Regulations 3. Chapter 4 Property Development Standards 4. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 5. Chapter 9 Procedures and Review Criteria a. Section 4-7-200: Site Plan Review 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Community Design Element H. 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. 1. Environmental Threshold Determination Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS with a 14-day Appeal Period. 2. Mitigation Measures None £RC/Site Plan Report City of Renton Deportment of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS l cOPMENT LUA14-000083, SA-A, ECF --------------Report of March 3, 2014 Page 4 of 29 3, 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 to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: a, Earth Impacts: The ground surface in the vicinity of the subject site is relatively flat. The site slope is approximately 5 percent. The ground surface on the west side of the site slopes gently down toward the south and the ground surface on the east side of the site slopes gently down toward the southeast. The site currently contains impervious cover due to the existing restaurant building and associated pavement. Following development, impervious surface coverage would remain approximately the same at 95 percent. According to the Geotechnical Engineering Report prepared by the Geotech Consultants dated November 11, 2013, the soils encountered during field exploration include up to 10 feet of silty sand fill overlying native medium dense to very dense sand with gravel (Exhibit 5). Perched groundwater seepage was encountered at a depth of 0.5 feet in one of the eight test borings drilled. The report states that the existing fill should be suitable to support new borings for the proposed structures with structural stiffening of the foundation system to reduce the risk of differential settlement. The applicant proposes to excavate approximately 1,000 cubic yards and balance on site. Removal of the existing impervious cover during construction would leave soils susceptible to erosion. The applicant will be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements. Mitigation Measures: No further mitigation recommended. Nexus: Not applicable. b. Water I. Storm Water Impacts: The existing site drains to catch basins located throughout the site. The runoff from the site is split in two directions leaving the site from the southwest and southeast corners. The stormwater leaving the site from the southwest, is conveyed south across NE 41 ' St in a storm main discharging at an outfall in Maplewood Creek. The stormwater leaving the site from the southeast corner is conveyed east parallel with NE 4'' St for roughly 100 feet before entering a storm main and ultimately discharging at an outfall located in Maplewood Creek. This project is required to comply with the 2009 King County Surface Water Manual and the City of Renton Amendments to the KCSWM, Chapter 1 and 2. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. This project is subject to full drainage review. The applicant submitted a "Technical Information Report," prepared by BCRA, dated January 14, 2014 (Exhibit 6). The site is required to provide detention and water quality under the current King County Surface Water Manual. Section 3 of the TIR incorrectly mentions that the offsite analysis was done based on the 1998 KCSWDM, however correspondence with the applicant has clarified this as a typing error and the study was based on the 2009 KCSWDM. The project proposes the relocation of the existing storm main running through the western portion of the parcel in order to provide buildable area for the proposed retail structure. The proposed site plan does not provide the necessary easement width and building setback area for the proposed relocated storm main. Therefore the proposed retail structure will be required, as a condition of site plan review, to be relocated and/or resized to provide the necessary easement and setback per the ERC/Site Plan Report City of Renton Department of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS l ccOCcPccM;;;EccNccT~~--~~~~~~-LUA14-000083, SA-A, ECF __ Report of March 3, 2014 Page 5 of 29 2009 King County Surface Water Drainage Manual (KCSWDM) and City of Renton Amendments. The existing storm main (under the proposed building) must also be required to be removed. Mitigation Measures: No further mitigation recommended. Nexus: Not applicable. c. Transportation Impacts: The subject site fronts onto NE 4th St. The applicant is proposing to maintain three of the four existing access points: a driveway extended from NE 4th St, driveway from the abutting property to west, and a driveway from the abutting property to the north. The street improvements along the frontage of the site were recently constructed by the City's recent NE 4th St corridor capital improvement project. Therefore, this project is not required to provide street frontage improvements. In order to mitigate impacts the City's street system the applicant would be required to pay Transportation Impact Fees for the increase in new trips. Credit would be given for the existing Taco Time restaurant. For restaurants with fast food and a drive thru, the 2014 rate is $26.78 per square foot. The rate for the retail building could not be determined until specific uses are proposed. The Transportation Impact Fee that is current at the time of building permit application would be levied. Mitigation Measures: No further mitigation recommended. Nexus: Not applicable. d. Fire & Police Impacts: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides Code required improvements and fees. Mitigation Measures: No further mitigation recommended. Nexus: Not applicable. 4. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." I. ADMINSTRATIVE SITE PLAN REVIEW FINDINGS OF FACT: 1. The applicant, Bellevue TT LLC, is requesting Administrative Site Plan Review and Environmental 'SEPA' Review for the removal of the existing restaurant structure and the construction of a 3,073 square foot restaurant building with a drive-thru facility along the southern and eastern fa~ade and a second 3,347 square foot retail structure. 2. The proposed restaurant structure would have a height of 23 feet and 8-inches at the tallest point of the largest shed roof element. The retail structure would have a height of approximately 24 feet and 6- inches at the tallest point of its shed roof element. 3. The redevelopment of the subject site includes 27 surface parking stalls and associated utility improvements, such as water service, sanitary sewer, and gas connections. Associated drainage improvements include the relocation of a public storm main traversing the site as well as the installation of an underground detention system. 4. The subject property is located on the north side of the NE 4th St just east of Union Ave NE. ERC/Site Plan Report City of Renton Department of Community & Economic Development Environmental Review Committee & Administrative Site Pion Report TACO TIME RENTON HIGHLANDS l OPMENT LUA14-000083, SA-A, ECF --------------- Report of March 3, 2014 Page 6 of 29 5. The 0.77 acre property is located within the Commercial Corridor (CC) Comprehensive Plan land use designation, the Commercial Arterial (CA) zoning classification, and Design District 'D'. 6. The site currently contains a 2,818 square foot restaurant (Taco Time) constructed in 1983 which is proposed to be demolished. 7. The applicant is proposing to maintain three of the four existing access points: a driveway extended from NE 4th St; driveway from the abutting property to west; and a driveway from the abutting property to the north. 8. The site is bordered to the south by NE 4'" St, to the west by a gas station, to the east by an auto parts store, and to the north by a shopping center parking lot. 9. The massing of the proposed structures are most prominently visible from NE 4'" St. 10. Both proposed structures have varied roof elements including shed roofs, extended parapets, and projected cornices. 11. Building materials include: fiber cement lap siding, fiber cement paneling, stone veneer, standing seam metal roofing, pre-finished metal siding and steel (Exhibit 4). 12. Both buildings have their primary entrance proposed along the southern facade with an orientation to NE 4th St. An additional entrance is provided along the eastern fa~ade of the retail structure, and the western fa~ade of the proposed Taco Time, facing the proposed parking area. The applicant is proposing a covered outdoor dining area, for Taco Time, which includes a two sided fireplace with outdoor dining furniture. 13. The ground surface in the vicinity of the subject site is relatively flat. The site slope is approximately 5 percent. 14. The site contains 4 existing trees of which all are proposed for removal. 15, The Planning Division of the City of Renton accepted the above master application for review on January 24, 2014 and determined it complete on February 3, 2014. The project complies with the 120- day review period. 16. No public comments were received. 17. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on March 3, 2014, the City's Environmental Review Committee issued a Determination of Non- Significance (DNS) (Exhibit 7). A 14-day appeal period will commence with this Administrative Site Plan Review Decision on March 7, 2014 and end on March 21, 2014. 18. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments have been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 19. The proposal requires Site Plan Review. The following table contains project elements intended to comply with Site Plan Review decision criteria, as outlined in RMC 4-9-200.E: ·•···~o~f(!Al\l,CE.ANC>C~.~-~El\l,~f Tile Site s .. sign_ Ccin1merdai f9nidoi {tC) tiff the Corriprenensive Plan t~nd ~~J\llap: The ij~rposl' of CC is to evolve fron, "strip comn,ercial")near business districts to. busineSS'.i3reas characterized by enhanced si.te planningJttctif efficient parking lot design, coordinated ~ccess, a111enitil!!s, and boulevard treatment. The~ro~ C<>mpliant with the following Comprehensivti P!a" policies: Policy LU-256. The NE Sunset Boulevard, Northeast Fourth, and Puget Corridors are unique ERC/Site Plan Report City of Renton Department of Community & Economic Development Environmentaf Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS I :;,;;O.;.P,;,;M,;,;E;;.N;.;T------------LUA14-000083, SA-A, ECF Report of March 3, 2014 Page 7 of 29 in the City due to the highly eclectic mix of commercial uses. Similar uses to those found in these corridors should be fostered as development and redevelopment of properties in these areas occur over time. Policy LU-262. Support the redevelopment of commercial business districts located along principal arterials in the City. Policy LU-266. Development within defined activity nodes should be subject to additional design guidelines as delineated in the development standards. Policy LU-268. Public amenity features (e.g. plazas, recreation areas) should be encouraged as part of new development or redevelopment. sl:iize>Nll\iGCOMPLIANCEANI>' · tfHi~ubject sit~)~cJa~siti~:~b ~~elopment stan~~t~~>are ~~Ii Density: Per RMC 4-2-120A the allowed density range in the CA zoning classification is a minimum of 20 dwelling units per net acre (du/ac) up to a maximum of 60 du/ac. Net density is calculated after public rights-of-way, private access easements, and critical areas are deducted from the gross acreage of the site. Not applicable. Lot Dimensions: Per RMC 4-2-120A the minimum lot size, in the CA zone, is 5,000 square feet. Not applicable. Setbacks: Per RMC 4-2-120A the CA zoning classification requires a minimum front yard setback of 10 feet which may be reduced to zero feet during the site plan development review process, provided blank walls are not located within the reduced setback. There is a maximum front yard setback of 15 feet. The CA zone has no rear or side yard setback except 15 feet if lot abuts or is adjacent to a residential zone. The following table contains setbacks for the proposed structures: Building Front Yard East Side Yard West Side Yard Rear Yard Setback Setback Setback Setback Taco Time 21' 30' N/A 50' Retail 40' N/A 10' 48' The proposed structures both exceed the maximum 15-foot front yard setback. RMC 4-2-120C states that the maximum front yard setback may be modified by the Reviewing Official through the site development plan review process if the applicant can demonstrate that the site development plan meets the following criteria: a. Orients development ta the pedestrian through such measures as providing pedestrian walkways beyond those required by the Renton Municipal Code (RMC}, encouraging pedestrian amenities and supporting alternatives to single occupant vehicle (SOV} transportation; and b. Creates a low scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and unbroken parking along the street front; and ERC/Site Plan Report City of Renton Deportment of Community & Economic Development Environmental Review Committee & Administrative Site Pion Report TACO TIME RENTON HIGHLANDS D OPMENT LUA14-000083, SA-A, ECF -------------~ Report of March 3, 2014 Page 8 of 29 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. There are existing utility easements which would preclude compliance with the maximum building setbacks of the zone. The applicant would is required to locate the buildings far enough back to accommodate the existing easements. There is no parking proposed in between the street and the proposed structures. The applicant has proposed enhanced landscaping along the frontage of the site to promote safety and separate the pedestrian traffic from the proposed drive aisle. Additionally, the applicant is proposing pedestrian pathways from the street to the primary entrances. Therefore, staff supports a modification to the maximum front yard setback for both structures. The proposal complies with all other setback requirements of the zone. Building Height: Per RMC 4-2-120A building height is restricted to 50 feet unless a conditional use permit is obtained. The height of the proposed Taco Time would be 23 feet and 8 inches at the tallest point of the largest shed roof element. The retail structure would have a height of approximately 24 feet and 6-inches at the tallest point of the shed roof element (Exhibit 4). The proposal complies with the height requirements of the zone. Building Standards: Per RMC 4-2-120A the allowed lot coverage is 65 percent for proposals within the CA classification. The proposed buildings would have a gross footprint of 6,420 square feet on the 33,702 square foot sit resulting in a building lot coverage of approximately 18.7 percent. Landscaping: Per RMC 4-4-070 ten feet of on-site landscaping is required along all public street frontages, with the exception of areas for required walkways and driveways or those projects with reduced setbacks. The applicant is proposing a range of 2-15 feet of landscaping along NE 4th St and landscaping immediately abutting the proposed structures and throughout the parking area. A conceptual landscape plan was submitted with the project application (Exhibit 3). The landscape plan includes a planting plan; the proposed tree species largely consist of vine maple and American sweet gum trees. The shrubs proposed largely consists of: feather reed grass, Kelsey dogwood, hebe, blue oat grass, sky pencil Japanese holly, Oregon boxwood and evergreen huckleberry. The applicant is proposing kinnikinnick, beach strawberry and turf as groundcover. The southern property line is irregular, shifting into the front yard setback/landscaping by approximately 8 feet, leaving only two feet of landscaping in between the proposed drive aisle and the property line. However, the proposal does have the ability to incorporate additional landscaping along the frontage of the site where it has been reduced to accommodate the irregular property line. Additional landscaping would improve the aesthetic quality of the development and soften the appearance of the proposed drive thru lane along the streetscape. Therefore, staff recommends the applicant be required to revise the site and landscaping plan to provide a minimum 10-foot landscape frontage along NE 4th St. The revised site and landscaping plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. The applicant should consider the use of compact parking stalls to the north of the Taco Time structure in order to increase frontage landscaping on NE 4th St. The proposal does not include a variety of trees within the frontage landscaping due to the location of existing and proposed utility easements. However, the applicant has achieved a variety of vegetation with the use of diverse ground cover and £RC/Site Plan Report City of Renton Department of Community & fcnnomic Development Environmental Review Committee & Administrative Site Pion Report TACO TIME RENTON HIGHLANDS O OPMENT lUA14-000083, SA-A, ECF ---------------Report of March 3, 2014 Page 9 of 29 shrubbery. However, there should be opportunities for placement of trees within the additional landscaping required as conditioned above. Per RMC 4-4-080 15 square feet of landscaping per parking stall is required for parking areas with 50 stalls or less. A total of 405 square feet of landscaping is required based on the 27 proposed parking stalls. The applicant is proposing a total of 3,425 square feet of landscaping on site and meets the requirements of parking area landscaping. The proposal does not include elevations for proposed ornamental fencing along the eastern property line. Therefore staff recommends as a condition of approval that the applicant submit a revised landscaping plan with elevations for the proposed ornamental fencing along the eastern property line. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. 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 plan. Refuse and Recyclables: Per RMC 4-4-090 for retoil/eoting ond drinking establishments 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 a total of 6,420 square feet of combined retail/eating and drinking establishment space; a minimum area of 100 square feet of refuse and recycle area would be required. The applicant is proposing an approximately 120 square foot combined refuse and recyclable deposit area just to the north of the proposed retail building. The proposal complies with the refuse and recyclable size and location standards. Vehicles: Per RMC4-2-120 a connection shall be provided far site-to-site vehicle access ways, where topographically feasible, to allow a smooth flow of traffic across abutting CA parcels without the need to use a street. Access may comprise the aisle between rows of parking stalls but is not allowed between a building and a public street. This section of code is intended to provide vehicular connections to abutting commercial uses. The proposal is bordered by right-of-way to the south. Established retail uses exist to the north, east and west. Existing vehicular connections to the abutting uses are established. The applicant is proposing to retain the vehicular connectivity enjoyed by the existing use. Critical Areas: The site is located in Zone 2 of the Aquifer Protection Area. There are no other critical areas located on the site. Parking: The parking regulations, RMC 4-4-080, require a specific number of off-street parking stalls be provided following: The fol/awing ratios would be applicable to the site: SF Ratio Required Spaces 6,420 Min: 2.5 spaces I 1,000 SF Min: 16 Max: 5 spaces I 1,000 SF Max: 32 Based on these use requirements a minimum of 16 stalls would be required to meet code up to a maximum of 32 parking spaces. The applicant is proposing a total of 27 spaces which is within the range allowed by code. The parking also conforms to the minimum requirements for drive aisle, stacking space, parking stall dimensions and the provision of ADA accessible parking stalls. Sidewalks, Pathways, and Pedestrian Easements: Pedestrian connections are provided from the NE 4th St sidewalk to each structure. Connections have also been provided between the two structures ERC/Site Plan Report City of Renton Departmenl of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS D OPMENT LUA14-000083, SA-A, ECF --~~~~~~~~~---- Report of March 3, 2014 Page 10 of 29 (Exhibit 2). The site is however part of larger shopping center abutting the subject property on three sides. A pedestrian connection would not be appropriate to the abutting gas station, due to its vehicle orientation and lack of connectivity on its site to the entrance of the convenience store. Additionally, a pedestrian connection to the larger Safeway parcel to the north also would not be appropriate given the lack of existing connections on the Safeway parcel. However, an additional pedestrian connection could and should be made from site to the abutting retail use to the east. St_aff recommends, as a condition of approval, the applicant be required to revise the site plan in order to incorporate additional pedestrian connection to the abutting retail use to the east. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. i:. DESIGNRECWfATJON COM '!Stt.ittl'OX! To'erisure that /Juildi11gsdfef'' eis 1111d ot:her buildin'gs},:)'il-,ii . 17/fy of Renton can be reallz~df6rQ:,.l!f·\:;:; Jty_u(lilf >t!Vironment; so thatbusii~sset •<<<···.··_ •...•••. /from public rights-of-way; and io encouf'Dge,-.pedestrian .. activity throughout the_districtftM:iJ.fiJlQn'$trate.d.in the table below the_ proposiJ/ineets the itlm11.i:oftlle Design Regulations on the_ btl$is}efJ~'iJtvid~d{me'rJtif all conditions of approval ate met. · · · · i. SITE DESIGN AND BUILDING LOCATION: Intent: To ensure that buildings ore 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. 1. Building Location and Orientation: Intent: To ensure visibility of businesses and to establish active, lively uses along sidewalks and pedestrian pathways. To organize buildings for pedestrian use and so that natural light is available to other structures and open space. To ensure an appropriate transition between buildings, parking areas, and other land uses; and increase privacy for residential uses. Guidelines: Developments shall enhance the mutual relationship of buildings with each other, as well as with the roads, open space, and pedestrian amenities while working ta create a pedestrian oriented environment. Lots shall be configured to encourage variety and so that natural light is available to buildings and open space. The privacy of individuals in residential uses shall be provided for. N/A Standard: The availability of natural light (both direct and reflected} and direct sun exposure to nearby buildings and open space (except parking areas) shall be considered when siting structures. Standard: Buildings shall be oriented to the street with clear connections to the sidewalk. Standard: Buildings with residential uses located at the street level shall be set back from the sidewalk a minimum of ten feet (10'} and feature substantial landscaping between the sidewalk and the building or have the ground floor residential uses raised above street level for residents privacy. 2. 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. Guidelines: Primary entries shall face the street, serve as a focal point, and allow space for social interaction. All entries shall include features that make them easily identifiable while reflecting the architectural character of the building. The primary entry shall be the most visually prominent entry. Pedestrian access to the building from the sidewalk, parking lots, and/or other areas shall be provided and shall enhance the overall quality of the pedestrian experience on the site. 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. £RC/Site Plan Report City of Renton Department of Camm unity & Economic Development Environmental Review Committee & Administrative Site Pion Report TACO TIME RENTON HIGHLANDS D OPMENT LUA14-000083, SA-A, ECF ---------------Report of March 3, 2014 Page 11 of 29 Standard: A primary entrance of each building shall be made visibly prominent by .,, incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting. Standard Building entries from a street shall be clearly marked with canopies, architectural elements, ornamental lighting, or landscaping and include weather protection at least four .,, and one-half feet (4-1/2'} wide (illustration below). Buildings that are taller than thirty feet (30'} in height shall also ensure that the weather protection is proportional to the distance above ground level. .,, Standard: Building entries from a parking lot shall be subordinate to those related to the street. Standard: Features such as entries, lobbies, and display windows shall be oriented to a street .,, or pedestrian-oriented space; otherwise, screening or decorative features should be incorporated. Standard: Multiple buildings on the same site shall direct views to building entries by N/A providing a continuous network of pedestrian paths and open spaces that incorporate landscaping. Standard: Ground floor residential units that are directly accessible from the street shall N/A include entries from front yards to provide transition space from the street or entries fram an open space such as a courtyard or garden that is accessible from the street. 3. Transition to Surrounding Development: Intent: To shape redevelopment projects so that the character and value ofRenton's long-established, existing neighborhoods are preserved. Guidelines: Careful siting and design treatment shall be used to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. Standard: At least one of the following design elements shall be considered to promote a transition to surrounding uses: (a) Building proportions, including step-backs on upper levels; (b) Building articulation to divide a larger architectural element into smaller increments; or .,, (c) Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. Additionally, the Administrator of the Department of Community and Economic Development or designee may require increased setbacks at the side or rear of a building in order to reduce the bulk and scale of larger buildings and/or so that sunlight reaches adjacent and/or abutting yards. 4. 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. Guidelines: Service elements shall be concentrated and located so that impacts to pedestrians and other abutting uses are minimized. The impacts of service elements shall be mitigated with landscaping and an enclosure with fencing that is made of quality materials. Standard: Service elements shall be located and designed to minimize the impacts an 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. Not Standard: In addition to standard enclosure requirements, garbage, recycling collection, and Compliant utility areas shall be enclosed on all sides, including the roof and screened around their With perimeter by a wall or fence and have self-closing doors. Standard Staff Comment: The applicant's submittals did not include the refuse and recyclable enclosure elevations. Additionally, it is unclear if the proposed grease interceptor can be ERC/Site Plan Report City of Renton Department of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS D OPMENT LUA14-000083, SA-A, ECF ---------------Report of March 3, 2014 Page 12 of 29 seen above grade and would be required to be screened. Therefore, staff recommends as a condition of approval, the applicant be required to submit revised elevations which include the refuse and recyclable enclosure made of masonry, ornamental metal or wood, or some combination of the three, and a roof. If the proposed grease interceptor can be seen above grade screening elevations would have required to be provided to screen the grease interceptor. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. If this condition of approval is met the proposal would satisfy this standard. Not Compliant Standard: Service enclosures shall be made of masonry, ornamental metal or woad, or same With combination of the three (3). Standard Staff Comment: See comment above. N/A Standard: If the service area is adjacent ta a street, pathway, or pedestrian-oriented space, a landscaped planting strip, minimum 3 feet wide, shall be located an 3 sides of such facility. 5. Gateways: Not Applicable ii. PARKING AND VEHICULAR ACCESS: Intent: To provide safe, convenient access ta the Urban Center and the Center Village; incorporate various modes of transportation, including public moss 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 lats; and use access streets and parking ta maintain an urban edge to the district. 1. Surface Parking: Intent: Ta maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Guidelines: Surface parking shall be located and designed so as ta reduce the visual impact af the parking area and associated vehicles. Large areas of surface parking shall also be designed to accommodate future infill development. .,, Standard: Parking shall be located so that no surface parking is lacated between a building and the front property line, or the building and side property line, an the street side of a corner lot. .,, Standard: Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. 2. Structured Parking Garages: Intent: To promote mare efficient use of land needed far vehicle parking; encourage the use of structured parking; physically and visually integrate parking garages with other uses; and reduce the overall impact of parking garages. Guidelines: Parking garages shall not dominate the streetscape; they shall be designed ta be complementary with adjacent and abutting buildings. They shall be sited ta complement, not subordinate, pedestrian entries. Similar forms, materials, and/or details ta the primary building(s) should be used ta enhance garages. N/A Standard: Parking structures shall provide space far ground floor commercial uses along street frontages at a minimum of seventy five percent {75%) of the building frontage width. Standard: The entire facade must feature a pedestrian-oriented facade. The Administrator of the Department of Community and Economic Development may approve parking structures N/A that do not feature a pedestrian orientation in limited circumstances. If a/lawed, the structure shall be set back at least six feet (6') from the sidewalk and feature substantial landscaping. This landscaping shall include a combination of evergreen and deciduous trees, shrubs, and ground caver. This setback shall be increased ta ten feet {10') when abutting a ERC/Site Plan Report City of Renton Deportment of Community & E--nomic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS l cOPMENT LUA14-000083, SA-A, ECF ~~~~~~~~~~~~~~~ Report of March 3, 2014 Page 13 of 29 primary arterial and/ar minor arterial. N/A Standard: Public facing facades shall be articulated by arches, lintels, masonry trim, ar other architectural elements and/or materials. N/A Standard: The entry to the parking garage shall be located away from the primary street, to either the side ar rear of the building. Standard: Parking garages at grade shall include screening or be enclosed from view with N/A treatment such as walls, decorative grilles, trellis with landscaping, or a combination of treatments. Standard: The Administrator of the Department of Community and Economic Development or designee may allow a reduced setback where the applicant can successfully demonstrate that the landscaped area and/or other design treatment meets the intent of these standards and guidelines. Possible treatments to reduce the setback include landscaping components plus one ar more of the following integrated with the architectural design af the building: (a) Ornamental grillwork (other than vertical bars); N/A {b) Decorative artwork; (c) Display windows; (d) Brick, tile, or stone; (e) Pre-cast decorative panels; (f) Vine-covered trellis; (g) Raised landscaping beds with decorative materials; or {h)Other treatments that meet the intent of this standard. 3. Vehicular Access: Intent: To maintain a contiguous and uninterrupted sidewalk by minimizing, consolidating, and/or eliminating vehicular access off streets. Guidelines: Vehicular access to parking garages and parking lots shall not impede or interrupt pedestrian mobility. The impacts of curb cuts to pedestrian access on sidewalks shall be minimized. N/A Standard: Access to parking lots and garages shall be from alleys, when available. If not available, access shall occur at side streets. ,t' Standard: The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. iii. 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 lats; and promote the use af multi-modal and public transportation systems in order to reduce other vehicular traffic. 1. Pedestrian Circulation: Intent: To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Sidewalks and/or pathways shall be provided and shall provide safe access to buildings from parking areas. Providing pedestrian connections to abutting properties is an important aspect of connectivity and encourages pedestrian activity and shall be considered. Pathways shall be easily identifiable to pedestrians and drivers. Standard: A pedestrian circulation system of pathways that are clearly delineated and Partial connect buildings, open space, and parking areas with the sidewalk system and abutting Compliance properties shall be provided. With (a) Pathways shall be located so that there are clear sight lines, to increase safety. Standard {b) Pathways shall be an all-weather or permeable walking surface, unless the applicant can demonstrate that the proposed surface is appropriate for the ERC/Site Plan Report City of Renton Department of Community & f~~"omic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS O OPMENT ,;;,,;.,;_.,;.__ __________ -LUA14-000083, SA~A, ECF Report of March 3, 2014 Page 14 of 29 anticipated number of users and complementary to the design of the development. Staff Comment: The applicant is proposing pedestrian connections to NE 4th St from the primary entrances. Pedestrian pathways appear to be provided from the parking area to the entrances as well. However, additional connections should be made to the abutting use to the east in order to promote safe and efficient pedestrian access throughout the site for existing uses. Staff has recommended, as a condition of approval, the applicant be required to revise the site plan in order to incorporate an additional pedestrian connection to the abutting use to the east. If this condition of approval is met the proposal would satisfy this standard. Standard: Pathways within parking areas shall be provided and differentiated by material or texture (i.e., raised walkway, stamped concrete, or pavers) from abutting paving materials. Permeable materials are encouraged. The pathways shall be perpendicular to the applicable building facade and no greater than one hundred fifty feet (150'} apart. Not Staff Comment: The applicant has proposed pedestrian connections from the entrances of Compliant the proposed structures to NE 4th St and from the proposed parking area to the structures. With Standard However, there is not a differentiation in materials across the drive aisles (Exhibit 2). Therefore, staff recommends as a condition of approval the applicant revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive lanes on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. If this condition of approval is met the proposal would satisfy this standard. Standard: Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: (a) Sidewalks and pathways along the facades af 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 on 8 foot minimum unobstructed walking surface. (b) Interior pathways shall be provided and shall vary in width to establish a hierarchy. The widths shall be based on the intended number of users; to be no smaller than five feet (5') and no greater than twelve feet (12'). (c) For all other interior pathways, the proposed walkway shall be of sufficient width to accommodate the anticipated number of users. N/A Standard: Mid-block connections between buildings shall be provided. 3. Pedestrian Amenities: Intent: To create at.tractive 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. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Amenities that encourage pedestrian use and enhance the pedestrian experience shall be included. ./ Standard: Architectural elements that incorporate plants, particularly at building entrances, in publicly accessible spaces and at facades along streets, shall be provided. Standard: Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. ./ (a) Site furniture 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. (b) Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. Not Standard: Pedestrian overhead weather protection in the form of awnings, marquees, Compliant ERC/Site Plan Report City of Renton Department of Community & Economic Development Environmental Review Committee & Administrative Site Pion Report TACO TIME RENTON HIGHLANDS C c;O~P;cM;cE;cN;cT __________ _ LUA14-000083, SA-A, ECF Report of March 3, 2014 Page 15 of 29 With canopies, or building overhangs shall be provided. These elements shall be a minimum of Standard, 4.5 feet wide along at least seventy 75 percent of the length of the building facade facing Compliant the street, a maximum height of 15 feet above the ground elevation, and no lower than 8 with Intent feet above ground level. and Staff Comment: The proposed retail structure would meet this standard. However, the Guideline proposed Taco Time does not comply with the standard. The applicant has proposed a canopy/weather protection over the main entrance but the applicant contends that the use of a canopy over the large storefront window, on the front elevation, would preclude those passing by from viewing activity within the restaurant. The remaining portion of the 33-foot wide front elevation would comprise of a blank wall, where a large ornamental tree is proposed which would also impede the placement and utility of a canopy. The applicant has proposed an outdoor dining area which works to unify the building and street environments to be used by pedestrians. The applicant has achieved compliance with the intent and guideline of this standard. iv. RECREATION AREAS AND COMMON OPEN SPACE: Intent: To ensure that areas for both passive and active recreation are available to residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations. To create usable and inviting open space that is accessible to the public; and to promote pedestrian activity on streets particularly at street corners. Guidelines: Developments located at street intersections should provide pedestrian-oriented space at the street corner to emphasize pedestrian activity (illustration below). Recreation and common open space areas are integral aspects af quality development that encourage pedestrians and users. These areas shall be provided in an amount that is adequate to be functional and usable; they shall also be landscaped and located so that they are appealing to users and pedestrians N/A Standard: All mixed use residential and attached housing developments of ten {10} or more dwelling units shall provide common opens space and/or recreation areas. N/A Standard: Amount of common space or recreation area to be provided: at minimum fifty {50} square feet per unit. N/A Standard: The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Administrator of the Deportment of Community and Economic Development or designee. Standard: At least one of the following shall be provided in each open space and/or recreation area (the Administrator of the Deportment of Community and Economic Development or designee may require more than one of the following elements for developments having more than one hundred {100} units): (a) Courtyards, plazas, or multi-purpose open spaces; {b} Upper level common decks, patios, terraces, or roof gardens/pea-patches. Such spaces above the street level must feature views or amenities that are unique to N/A the site and are provided as an asset to the development; (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; (d) Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or (e) Children's play spaces that are centrally located near a majority of dwelling units and visible from surrounding units. They shall also be located away from hazardous areas such os garbage dumpsters, drainage facilities, and parking areas. Standard: All buildings and developments with over thirty thousand (30,000} square feet of N/A nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian- oriented space. ERC/Site Plan Report City of Renton Deportment of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS D OPMENT LUA14-000083, SA-A, ECF ··----------------Report of March 3, 2014 Page 16 of 29 Standard: The pedestrian-oriented space for buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses shall include oil of the following: (a) Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a non vehicular courtyard; and N/A (b} Paved walking surfaces of either concrete or approved unit paving; and (c) On-site or building-mounted lighting providing at least four (4) foot-candles (average) on the ground; and (d} At least three (3) lineal feet of seating area (bench, ledge, etc.) or one individual seat per sixty /60) square feet of plaza area or open space. Standard: The following areas shall not count as pedestrian-oriented space for buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses: /a) The minimum required walkway. However, where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian- N/A oriented space if the Administrator of the Department of Community and Economic Development or designee determines such space meets the definition of pedestrian-oriented space. (b) Areas that abut landscaped parking lots, chain link fences, blank walls, and/or dumpsters or service areas. N/A Standard: Outdoor storage (shopping carts, potting soil bags, firewood, etc.) is prohibited within pedestrian-oriented space. v_ BU/WING ARCHITECTURAL DESIGN: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and 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. Guidelines: Building facades shall be modulated and/or articulated ta reduce the apparent size of buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. Standard: All building facades shall include modulation or articulation at intervals of na more than forty feet (40'). Staff Comment: The proposed retail structure's western fa~ade does not include modulation or articulation (Exhibit 4). The western fa~ade, of the retail structure, needs additional human scale elements in order to reinforce a pedestrian oriented development Partial and add visual interest. Architectural detailing elements including additional glazing, Compliance contrasting materials, or special detailing would bring the retail structure into compliance with with the intent of this standard to create visual interest along all building fa~ades. Standard Therefore, staff recommends as a condition of approval, the applicant submit revised elevations for the retail structure depicting added architectural detailing elements including additional glazing, contrasting materials, or special detailing along the western building facade. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. If this condition of approval is met the proposal would satisfy this standard. ../ Standard: Modulations shall be a minimum of two feet (2') deep, sixteen feet (16') in height, and eight feet /8') in width. Standard: Buildings greater than one hundred sixty feet (160'} in length shall provide a N/A variety af modulations and articulations to reduce the apparent bulk and scale of the facade; or provide an additional special feature such as a clock tower, courtyard, fountain, fRC/Site Plan Report City of Renlon Department of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS I OPMENT LUA14-000083, SA-A, ECF ---~-~~~~~--~~-Report of March 3, 2014 Page 17 of 29 or public gathering area. 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. Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood siding is encouraged. The primary building entrance should be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting {illustration below). Detail features should also be used, to include things such as decorative entry paving, street furniture (benches, etc.}, and/or public art. Standard: Human-scaled elements such as a lighting fixture, trellis, or other landscape feature shall be provided along the facade's ground floor. Staff Comment: While the proposed Taco Time structure includes human scale elements along all sides of the building the proposed retail structure's western fa,ade does not include human-scaled elements such as lighting fixtures or trellises (Exhibit 4). The Partial western fa,ade of the retail structure needs additional human scale elements in order to Compliance reinforce a pedestrian oriented development. Architectural detailing elements including with additional glazing, contrasting materials, or special detailing would bring the retail Standard structure into compliance with the intent of this standard to create visual interest along all building fa,ades. Staff has recommended a condition of approval requiring the applicant to submit revised elevations for the retail structure depicting added architectural detailing elements, including additional glazing, contrasting materials, or special detailing along the western building facade. If this condition of approval is met the proposal would satisfy this standard. Standard: On any facade visible to the public, transparent windows and/or doors are required to comprise at least 50 percent of the portion of the ground floor facade that is Partial between 4 feet and 8 feet above ground (as measured on the true elevation). Compliance Staff Comment: The proposed retail structure complies with the SO percent transparent with window requirement. However, the proposed Taco Time structure does not comply with Standard, this requirement. The applicant is proposing a front fa,ade, for Taco Time, that Compliant approximately contains 40 percent transparent windows due to the location of the with Intent restrooms. The applicant is proposing a large ornamental tree, with accent lighting, in and order to provide visual interest along this fa,ade where the restrooms would be located. Guideline The proposed ornamental tree and lighting reinforce the intended human-scale character of the pedestrian environment along NE 4'" St. The applicant has achieved compliance with the intent and guideline of this standard. Standard: Upper portions of building facades shall have clear windows with visibility into N/A 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 50 percent. N/A Standard: Display windows shall be designed for frequent change of merchandise, rather than permanent displays . .., Standard: Where windows or storefronts occur, they must principally contain clear glazing. .., Standard: Tinted and dark glass, highly reflective (mirror-type) glass and film are prohibited. Not Standard: Untreated blank walls visible from public streets, sidewalks, or interior Compliant pedestrian pathways are prohibited. A wall (including building facades and retaining walls} with is considered a blank wall if: Standard (a) It is a ground floor wall or portion of a ground floor wall over 6 feet in height, has a horizontal length greater than 15 feet), and does not include a window, door, ERC/Site Plan Report City of Renton Deportment of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS I DPMENT LUA14-000083, SA-A, ECF ~--------------Report of March 3, 2014 Page 18 of 29 building modulation or other architectural detailing; or (e) Any portion of a ground floor wall has a surface area of 400 square feet or greater ond does not include o window, door, building modulation or other architectural detailing. Staff Comment: See condition above. Standard: If blank walls are required or unavoidable, blank walls shall be treated with one or mare af 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 os reveals, contrasting materials, or other special detailing that meets the intent of this standard; {d} Artwork, such as bas-relief sculpture, mural, ar similar; or (e) Seating area with special paving and seasonal planting. 3. Building Roof Lines: Intent: To ensure that roof forms provide distinctive profiles ond interest consistent with an urban project and contribute to the visual continuity of the district. Guidelines: Building roof lines shall be varied and include architectural elements to add visual interest to the building. 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 (e) Buildings containing predominantly residential uses shall have pitched roofs with a minimum slope of one to four /1:4) and shall have dormers or interesting roof farms that break up the massiveness of an uninterrupted sloping roaf. 4. Building Materials: Intent: To ensure high standards of quality and effective maintenance aver 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. Guidelines: Building materials are an important and integral part of the architectural design af a building that is attractive and of high quality. Material variation shall be used to create visual appeal and eliminate monotony of facades. This shall occur on all facades in a consistent manner. High quality materials shall be used. If materials like concrete or block walls are used they shall be enhanced to create variation and enhance their visual appeal. " 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. " Standard: All buildings shall use material variations such as colors, brick or metal banding, patterns or textural changes. Standard: Materials shall be durable, high quality, and consistent with mare traditional Partial urban development, such as brick, integrally colored concrete masonry, pre-finished metal, Compliance stone, steel, glass and cast-in-place concrete. With Staff Comment: In order to ensure that quality materials are used, staff recommends the Standard applicant submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. N/A Standard: If concrete is used, walls shall be enhanced by techniques such as texturing, reveals, and/or coloring with a concrete coating or admixture. ERC/Site Plan Report City of Renton Department of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS, LOPMENT ----------~~-~-~UA14-000083, SA-A, ECF Report of March 3, 2014 Page 19 of 29 Standard: If concrete block walls are used, they shall be enhanced with integral color, N/A textured blocks and colored mortar, decorative bond pattern and/or shall incorporate other masonry materials. ,/ Standard: All buildings shall use material variations such as colors, brick or metal banding, patterns, or textural changes. vi. 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 af the Urban Center and the Center Village; and create color and interest. Guidelines: Front-lit, ground-mounted monument signs are the preferred type of freestanding sign. Blade type signs, proportional to the building facade on which they are mounted, are encouraged on pedestrian-oriented streets. Alteration of trademarks notwithstanding, corporate signage should not be garish in color nar overly lit, although creative design, strong accent colors, and interesting surface materials and lighting techniques are encouraged. N/A Standard: Entry signs shall be limited to the name of the larger development. N/A Standard: Corporate logos and signs shall be sized appropriately for their location. N/A Standard: In mixed use and multi-use buildings, signage shall be coordinated with the overall building design. N/A Standard: Freestanding ground-related monument signs, with the exception of primary entry signs, shall be limited to five feet (5') above finished grade, including support structure. N/A Standard: Freestanding 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. Standard: All of the following are prohibited: a. Pole signs; b. Roof signs; and N/A c. 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 area signs with only the individual letters back-lit (see illustration, subsection GB of this Section). 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. Guidelines: Lighting that improves pedestrian safety and also that creates visual interest in the building and site during the evening hours shall be provided. Standard: Pedestrian-scale lighting shall be provided at primary and secondary building entrances. Examples include sconces on building facades, awnings with down-lighting and decorative street lighting. Not Staff Comment: A lighting plan was not provided with the application; therefore staff Compliant recommends a condition of approval that a lighting plan be provided that complies with the with Design District standards. Staff recommends, as a condition of approval, the applicant be Standard 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. The lighting plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. If this condition of approval is met the proposal would satisfy this standard. ,/ Standard: Accent lighting shall also be provided on building facades (such as sconces) and/or £RC/Site Plan Report City of Renton Deportment of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS l ;.;'0;.;P.:.;M;;;E:;N,;.;T;._ _________ _ WA14-000083, SA-A, ECF Report of March 3, 2014 Page 20 of 29 Not Compliant With Standard to illuminote other key elements of the site such as gateways, specimen trees, other significant landscaping, water features, and/or artwork. Standard: Downlighting shall be used in oil coses 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 (i.e., signage, governmental flags, temporary holiday or decorative lighting, right-of- way-lighting, etc.). Staff Comment: See condition above. Structures: Restricting overscole structures and overconcentration of development on a particular portion of the site. The subject site would contain two structures evenly spaced across the site with parking provided in the center. Both buildings are set back from the front property line to avoid utility easements that run across the southern portion of the property. There is not a concentration of development on the site. The surrounding uses are zoned CA and are similar in scale. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties. Pedestrian connections are provided from NE 4'" St and throughout the site and parking area (Exhibit 2). However, additional connections should be made from the subject site to the abutting use to the east. Staff has recommended, as a condition of approval, the applicant be required to revise the site plan in order to incorporate an additional pedestrian connection to the abutting site to the east. Loading and Storage Areas: Locating, designing and screening storage oreas, utilities, rooftop equipment, loading areas, and refuse ond recyclables to minimize views from surrounding properties. The overall development would be screened via the landscaping required along the site frontage and within the parking lot if conditions are complied with. It is unclear if the proposed rooftop equipment would be appropriately screened from the public, as the applicant did not provide a screening plan. Therefore staff recommends, as condition of approval, the applicant be required to provide a screening plan for mechanical equipment for both structures. The screening plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. The trash enclosure for the building would be located at the northwest corner of the site. The applicant's submittal did not include the refuse and recyclable enclosure elevations. Therefore, staff has recommended a condition of approval requiring the applicant to submit revised elevations which include the refuse and recyclable enclosure. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features. There are territorial views to the west, but no large attractive natural features on or near the site for which to maintain visual accessibility. Therefore, the proposed height of the structures are appropriate for this situation. The applicant has proposed to limit the height of the structures to no more than 25 feet which mitigate view impacts from surrounding properties. Landscaping: Using landscaping ta provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the ERC/Site Plan Report City of Renton Department of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS£ .OPMENT LUA14-000083, SA-A, ECF ---------------Report of March 3, 2014 Page 21 of 29 project. See Landscaping discussion under Findings Section 19.b. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare ta adjacent properties and streets As stated above a lighting plan was not provided with the project materials. 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. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation. The project is located in an area of commercial uses. All the surrounding parcels are zoned Commercial Arterial (CA). Commercial uses are abutting/adjacent to the subject site in all directions. The proposed structures would be on the east and west sides of the site with parking central to the site. The buildings would have an orientation to the street frontage (NE 4th St) and shares a relationship to each other and the parking area in the center. The proposed Taco Time drive thru lane would be predominately located along the southern facade of the structure (Exhibit 2). The proposed structure and drive thru lanes are located as far from abutting properties as possible. The applicant is proposing a total of 27 surface parking stalls. The building will meet all required setbacks from property lines with the exception of the maximum front yard setback along NE 4th St. Service elements have been located away from the pedestrian oriented spaces in order to minimize their impact on the pedestrian environment. The proposed commercial use is anticipated to be compatible with future surrounding uses as permitted in the CA zone. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs. The massing of the proposed restaurant and retail building is most prominently visible from NE 4th St. The scale and bulk of the building is reduced through the use of differing materials on the building facades, building articulation and modulation and differing roof profiles. Both structures would have varied roof elements including: shed roofs, extended parapet, and projected cornices. Building materials include: fiber cement lap siding, fiber cement paneling, stone veneer, standing seam metal roof, pre-finished metal siding and steel (Exhibit 4). The proposed retail building would have a tall corner element with a canopy that wraps the corner. The Taco Time building has its tallest fa~ade facing the street with the storefront entrance identified by a canopy that also wraps the corner of the building. The proposed buildings would have a combined footprint of 6,420 square feet on the 33,702 square foot site resulting in a building lot coverage of approximately 18. 7 percent. The proposed buildings comply with the size and bulk requirements of the CA zone. The proposed buildings and outdoor dining area is designed appropriately to allow adequate light and air circulation to the buildings and the site. The design of the structures would not result in excessive shading of the property. In addition, there is ample area surrounding the building to provide normal airflow. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces. The site contains 4 trees of which all 4 are proposed for removal. Renton Municipal Code requires ERC/Site Plan Report City of Renton Deportment of Community & Economic Development TACO TIME RENTON HIGHLANDS I Report of March 3, 2014 :OPMENT Environmental Review Committee & Administrative Site Plan Report LUA14-000083, SA-A, ECF Page 22 of 29 that 5 percent of the trees on site be retained. Of the 4 trees, 1 tree is required to be retained at the 10 percent retention rate. When the required number of protected trees cannot be retained, new trees, with a two-inch caliper or greater, shall be planted. The replacement rate shall be twelve caliper inches of new trees to replace each protected tree removed. The applicant is proposing 8 new trees to replace the protected tree. However, it is unclear the size (caliper) of the trees proposed; therefore staff was unable to confirm compliance with the tree retention requirements of the code. Staff recommends, as a condition of approval, the applicant be required to submit a detailed landscape plan demonstrating compliance with the tree retention requirements of RMC 4-4- 130. The detailed landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Topographically, the site is relatively flat. A geotechnical report for the site was submitted. Information on the water table and soil permeability with recommendations of appropriate flow control BMP options were included. Grading would be necessary in order to prepare the site for the proposed improvements. The applicant proposes to excavate approximately 1,000 cubic yards to be balanced on site. Following construction the site would have an impervious surface cover of approximately 95% which matches the existing site. landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they ore less susceptible to damage from vehicles or pedestrian movements. The landscaping is used to provide a transition between the proposed development and NE 4th St. Landscaping has been incorporated into to the surface parking areas at 6-8 vehicle stall intervals (Exhibit 3). The landscaping would soften the appearance of the parking areas and generally enhances the appearance of the project if all conditions of approval are complied with. location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties. The building has one public street frontage, NE 4th St (Arterial) with one existing ingress/egress point extended from the street which would be maintained. No additional ingress or egress curb cuts are proposed. The proposed development is expected to maintain the safety and efficiency of pedestrian and vehicle circulation on the site if all conditions of approval are complied with. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikewoys, and emergency access ways. The internal circulation of the site has been simplified with the consolidation of access into one main drive aisle from the parking area to the north of the site. Redevelopment of the site would improve vehicle circulation on the interior of the site. The site development would include 27 parking stalls (2 ADA accessible and 25 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. Internal pedestrian connections to the existing public sidewalk network and across the proposed drive aisle are proposed in order to provide safe and efficient pedestrian access ERC/Site Plan Report City of Renton Deportment of Community & Economic Development Environmentol Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS l DPMENT ===-----------LUA14-000083, SA-A, fCF Report of March 3, 2014 Page 23 of 29 throughout the site and to other abutting sites. loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas. There are no dedicated loading or delivery areas proposed on site. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access. Per RMC 4-4-0BOF.11 0.5 bicycle the number of bicycle parking spaces shall be 10% of the number of required off-street parking spaces. Based on the proposal which requires a minimum of 16 vehicle parking stalls, 2 bicycle parking stalls are required to be provided. The applicant has provided a note on the site plan for a general location of bicycle stalls within the proposed landscape area. However, the site plan does not depict the exact location or number of bicycle parking stalls. Therefore, staff recommends the applicant revise the site plan to comply with the bicycle requirements outlined in RMC 4-4-0SOF.11. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. The existing sidewalks and landscaping within the right-of-way along NE 4'' St would be retained. Pedestrian connections are proposed from the NE 4'' St sidewalk to the proposed structures (Exhibit 2). Additional connections are provided from the proposed parking lot to the structure. However, it appears these connections would only be differentiated through the use of paint striping. Staff has recommended, as a condition of approval, that pedestrian connections across the drive lane be differentiated with the alternative materials. Additionally, conflicts between cars and pedestrians are likely with pathways across the drive thru lane. Therefore, staff recommends as a condition of approval that the applicant submit a sign permit depicting safety signage (pedestrians crossing, stop signs, etc.) at intersections between pedestrian pathways and the drive thru lane. The sign permit shall be submitted to, and approved by, the Current Planning Project Manager prior to Temporary Occupancy Permit. i11es",to te{Ve.~[ ~iftlif < --eiieation by the occupants/use /-!-""". ' • ' •. :·,-. ,:.·, .. , .. : .,-.. . ' The applicant is proposing a covered outdoor dining area, for Taco Time, which includes a two sided fireplace with outdoor dining furniture to enhance the site's appeal to pedestrians (Exhibit 3). The outdoor dining area is visible from the street and is located between the main entrance from the street and the entrance from the parking lot. i •. VIEINSANQ•t"flfJ."UCJ!iC~$#;Whe~"possib/e/prclli_<1ing·view corri/Jd~[ti:}_"°$11drt!li_;.---•· incorporoimg;publicacc:esSt§~~~~~ll~s. ------ \)': --,. ,:.: ..... ~. The proposed structure would not block view corridors to shorelines or Mt. Rainier. The public access requirement is not applicable as the site is not adjacent to a shoreline . . 1:--NAi-g~-.s~~.,_YtisiiJ~l~~~1~~r9Jecteif1_5~"t~pro~ej!11,~lli~~~i\1fflf~~~~1?ie;~PRl~~tJ.~-!"-• There are no natural systems located on site with the exception of drainage flows. See Drainage discussion under Findings Section 19.k. -"' JaW.,ilq_b{eypflfiJ,_~ryiCes an_d_fc,°cllit/.esto accdfir.#fg?~eth~ ';,.: .. : ... --·:,,-·--<, . .-,<:><.:---,:,,·,.,.--.. --.. , +,,,--"· .·. --: -,_ .-.... -.. 1>.J""-· >.--, -- Police and Fire: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development; if the applicant provides Code required improvements and fees. The applicant would be required to pay an appropriate Fire Impact Fee. Currently this fee is £RC/Site Plan Report City of Renton Department of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS I OPMENT WA14-000083, SA-A, ECF ~-----------Report of March 3, 2014 Page 24 of 29 assessed at $0.94 per square foot of new building area. Credit would be granted for the existing building to be removed. Parks and Recreation: Not Applicable Drainage: The existing site drains to catch basins located throughout the site. The runoff from the site is split in two directions leaving the site from the southwest and southeast corners. The stormwater leaving the site from the southwest, is conveyed south across NE 4th St in a storm main discharging at an outfall in Maplewood Creek. The stormwater leaving the site from the southeast corner is conveyed east parallel with NE 4th St for roughly 100 feet before entering a storm main and ultimately discharging at an outfall located in Maplewood Creek. This project is required to comply with the 2009 King County Surface Water Manual and the City of Renton Amendments to the KCSWM, Chapter 1 and 2. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. This project is subject to full drainage review. The applicant submitted a "Technical Information Report," prepared by BCRA, dated January 14, 2014 (Exhibit 6). The site is required to provide detention and water quality under the current King County Surface Water Manual. Section 3 of the TIR incorrectly mentions that the offsite analysis was done based on the 1998 KCSWDM, however correspondence with the applicant has clarified this as a typing error and the study was based on the 2009 KCSWDM. The project proposes the relocation of the existing storm main running through the western portion of the parcel in order to provide buildable area for the proposed retail structure. The proposed site plan does not provide the necessary easement width and building setback area for the proposed relocated storm main. Therefore staff recommends, as a condition of approval, the applicant submit a revised site plan relocating and/or resizing the proposed retail structure in order to provide the necessary easement and setback per the 2009 King County Surface Water Drainage Manual (KCSWDM) and City of Renton Amendments. The existing storm main (under the proposed building) must also be required to be removed. The revised site plan shall be submitted to and approved by the Current Planning Plan Reviewer prior to construction permit approval. Transportation: The subject site fronts onto NE 4th St. The applicant is proposing to maintain three of the four existing access points: a driveway extended from NE 4th St, driveway from the abutting property to west, and a driveway from the abutting property to the north. The street improvements along the frontage of the site were recently constructed by the City's recent NE 4th St corridor capital improvement project. Therefore, this project is not required to provide street frontage improvements. In order to mitigate impacts the City's street system the applicant would be required to pay Transportation Impact Fees for the increase in new trips. Credit would be given for the existing Taco Time's restaurant. In order to mitigate impacts the City's street system the applicant would be required to pay Transportation Impact Fees for the increase in new trips. Credit would be given for the existing Taco Time restaurant. For restaurants with fast food and a drive thru, the 2014 rate is $26.78 per square foot. The rate for the retail building could not be determined until specific uses are proposed. The Transportation Impact Fee that is current at the time of building permit application would be levied. Schools: Not Applicable. Water and Sewer: Water and sewer service would be provided by the City. The submitted plan show street cuts on NE 41" St to provide water service to the project. The applicant is encouraged to avoid street cuts within the street and consider an extension of 8-inch diameter water main from the exiting water main east of the site (W-0729). If street cuts are unavoidable, then complete concrete ERC/Site Plan Report City of Renton Department of Community & Ee nic Development Environmental Revie··· rommittee & Administrative Site Pion Report TACO TIME RENTON HIGHLANDS Dt )PMENT LUA14-000083, SA-A, ECF ---------------Report of March 3, 2014 Page 25 of 29 panel replacement and restoration would be required following City street standards. System development fees (SOC) for water are based on the size of the new and/or resized domestic water meter and fire line that will serve the development. The SOC fee is due at the time of issuance of the utility construction permit. Individual sanitary sewer connections are proposed to be obtained for the two buildings from the existing sewer main located on the abutting site to the north. The Sanitary Sewer System Development Charge (SOC) is based on the domestic meter size. The SOC fee is payable at the time the utility construction permit is issued. The East Renton Interceptor Special Assessment District (SAD) fee is applicable to the project. The payment would be assessed at the time of the utility construction permit and payment would be due at the time of utility construction permit issuance. I. CONCLUSIONS: 1. Based on analysis of probable impacts from the proposal, staff recommends that the responsible officials issue a Determination of Non-Significance (Exhibit 7). 2. The proposal complies with the Site Plan Review Criteria if all conditions of approval are met. 3. The proposal is compliant and consistent with the plans, policies, regulations and approvals. 4. Staff does not anticipate any adverse impacts on surrounding properties and uses as long as the conditions of approval are complied with. 5. The proposed use is anticipated to be compatible with existing and future surrounding uses as permitted in the CA zoning classification. 6. The scale, height and bulk of the proposed buildings are appropriate for the site. 7. Safe and efficient access and circulation has been provided for all users. 8. The proposed outdoor dining area serves as a project focal point and provides adequate area for passive and active recreation by the patrons of the restaurant. 9. There are adequate public services and facilities to accommodate the proposed use. 10. The proposed location would not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location is suited for the pro posed use. 11. The existing use would not result in a substantial or undue adverse effect on adjacent properties. The construction of a new retail structure and Taco Time restaurant, which would replace the older structure on site, would result in an overall improvement of the visual environment. 12. Adequate parking for the proposed uses have been provided. 13. The proposed site plan ensures safe movement for vehicles and pedestrians and has mitigated potential effects on the surrounding area if all conditions of approval are complied with. ERC/Site Plan Report City of Renton Deportment of Community & Ee omic Development Environmental Revie· · Committee & Admini5trative Site Pion Report TACO TIME RENTON HIGHLANDS DO :;.;,,;PM=E:;;NccT __________ _ . WA14-000083, SA-A, ECF Report of March 3, 2014 Page 26 of 29 14. The proposed development would not generate any long term harmful or unhealthy conditions. Potential noise, light and glare impacts from the proposed use have been evaluated and mitigated if all conditions of approval are complied with. 15. Landscaping has been provided in all areas not occupied by the building or paving. Additional landscaping has been provided in order to buffer adjacent properties from potentially adverse effects of the proposed use. I J. DECISION: The proposed Site Plan for Taco Time Renton Highlands Development, File No. LUA14-000083, ECF, SA-A, is approved subject to the following conditions: 1. The applicant shall be required to revise the site and landscaping plan to provide a minimum 10-foot landscape frontage along NE 4th St. The revised site and landscaping plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. The applicant should consider the use of compact parking stalls to the north of the Taco Time structure in order to increase frontage landscaping on NE 4th St. 2. The applicant shall submit a revised landscaping plan with elevations for the proposed ornamental fencing along the eastern property line. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. 3. The applicant shall be required to revise the site plan in order to incorporate additional pedestrian connection to the abutting retail use to the east .. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 4. The applicant shall be required to submit revised elevations which include the refuse and recyclable enclosure made of masonry, ornamental metal or wood, or some combination of the three and a roof. If the proposed grease interceptor can be seen above grade screening elevations would have required to be provided to screen the grease interceptor. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 5. The applicant shall revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive lanes on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 6. The applicant shall submit revised elevations for the retail structure depicting added architectural detailing elements including additional glazing, contrasting materials, or special detailing along the western building facade. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 7. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. 8. The applicant shall 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. The lighting plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 9. The applicant shall be required to provide a screening plan for mechanical equipment for both structures. The screening plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. £RC/Site Plan Report City of Renton Department of Community & Economic Development Environmental Review Committee & Administrative Site Pion Report TACO TIME RENTON HIGHLANDS l OPMENT LUA14-000083, SA-A, ECF ---------------Report of March 3, 2014 Page 27 of 29 10. The applicant shall be required to submit a detailed landscape plan demonstrating compliance with the tree retention requirements of RMC 4-4-130. The detailed landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. 11. The applicant shall revise the site plan to comply with the bicycle requirements outlined in RMC 4-4- 080F.11. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 12. The applicant shall submit a sign permit depicting safety signage (pedestrians crossing, stop signs, etc.) at intersections between pedestrian pathways and the drive thru lane. The sign permit shall be submitted to, and approved by, the Current Planning Project Manager prior to Temporary Occupancy Permit. 13. The applicant shall submit a revised site plan relocating and/or resizing the proposed retail structure in order to provide the necessary easement and setback per the 2009 King County Surface Water Drainage Manual (KCSWDM) and City of Renton Amendments. The existing storm main (under the proposed building) must also be required to be removed. The revised site plan shall be submitted to and approved by the Current Planning Plan Reviewer prior to construction permit approval. C.E. "Chip" Vincent, CED Administrator TRANSMITTED this 3'' day of March, 2014 to the Contact/Applicant/Owner: Contact/Applicant: BCRA Mat Bergman 414 Stewart St, Suite 200 Seattle, WA 98101 Owner: Bellevue TT LLC 3300 Maple Valley Highway Renton, WA 98058 TRANSMITTED this 3'd day of March, 2014 to the Parties of Record: None TRANSMITTED this 3'd day of March, 2014 to the following: Neil Watts, Development Services Director Jennifer Henning~ Current Planning Director Craig Burnell, Building Official Steve Lee, Development Services Manager Vanessa Dolbee, Current Planning Manager Fire Marshal Renton Reporter ERC/Site Plan Report City of Renton Department of Community & Economic Development Environmental Review Committee & Administrative Site Plan Report TACO TIME RENTON HIGHLANDS l OPMENT ~--------------LUA14-000083, SA-A, ECF Report of March 3, 2014 Page 28 of 29 Land Use Action Appeals, Request for 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 21, 2014. 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 21. 2014. 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 governs appeals to the Hearing Examiner. Appeals must be filed in writing together with the $250.00 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 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 4-9-200. 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 TD APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. 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 service will be provided by the City. 2. The submitted plan show street cuts on NE 4thStreet to provide water service to the project. Try to avoid street cuts £RC/Site Plan Report City of Renton Department of Community & Economic De11elopment En11ironmental Review Committee & Administroti11e Site Plan Report TACO TIME RENTON HIGHLANDS l .OPMENT LUA14-000083, SA-A, ECF ---------------Report of March 3, 2014 Page 29 of 29 on the street. An option to consider is the extension of 8 inch diameter water main from the exiting water main east of the site (W-0729). If street cuts are unavoidable, then complete concrete panel replacement and restoration will be required following City street standards. 3. System development fee (SDC) for water is based on the size of the new and/or resized domestic water meter and fire line that will serve the development. The SDC fee is due at the time of issuance of the utility construction permit. Sewer. 1. Sewer service is provided by the City of Renton. 2. Individual sanitary sewer connection is proposed to be obtained for the two buildings from the existing sewer main located on the Safeway site. Show the existing sewer easement on the utility construction plans. If the proposed sewer connection to serve the project will pass through the Safeway site that is not covered in the existing easement, then easement will be required to be obtained from Safeway for that portion of the sewer line. 3. Grease interceptor is proposed for the project. 4. The Sanitary Sewer System Development Charge (SDC) is based on domestic meter size. The SDC fee is payable at the time the utility construction permit is issued. S. The East Renton Interceptor Special Assessment District (SAD) fee is applicable on the project. The payment will be assessed at the time of the utility construction permit and payment will be due at the time of issuance of the utility construction permit. Surface Water: 1. The project is required to comply with the 2009 King County Surface Water Manual and the 2009 City of Renton Amendments to the KCSWM, Chapter 1 and 2. Based on the City's fiow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. This project is subject to full drainage review. 2. The site is required to provide detention and water quality under the current King County Surface Water Manual. 3. Stormwater system development charge (SDC) fee is applicable on the project. The current SDC fee for stormwater is $0.491 per square feet of new impervious surface, but not less than $1,228.00. The SDC fee will be due at the time of issuance of the utility construction permit and the rate that is current at that time will be applicable. 4. Aquifer protection per RMC 4-3-050 is required for this Zone 2 of the Aquifer Protection Area. Final design shall be required to comply by this City code. Transportation: 1. Transportation impact fee that is current at the time of building permit application will be applicable on the project. Payment of the transportation impact fee is due at the time of issuance of the building permit. 2. The street frontage improvements on the site were recently constructed by the City's recent NE 4'" Street corridor project. Therefore, this project is not required to provide street frontage improvements. 3. If street cuts are unavoidable for water or gas service, a minimum pavement restoration of full concrete panel replacement will be required. Traffic control will also be applicable. Fire: 1. The preliminary fire flow requirement for a non-sprinklered building is 2,000 gpm. Two fire hydrants are required. One fire hydrant is required within 150-feet of the proposed buildings and one hydrant is required within 300-feet. Existing hydrants are adequate. 2. The threshold for fire alarm systems in Renton is 3,000 square feet. The threshold for fire sprinkler systems in Renton is 5,000 square feet or an occupant load of 100 or more persons. Separate plans and permits are required to be submitted to the Renton Fire Department for review and permitting. Fire alarm system shall be fully addressable and full detection is required. A direct outside door is required to the fire sprinkler riser control room 3. An annual place of assembly permit is required for occupancies exceeding SO persons. 4. Fire department apparatus access roadways are adequate. Turning radius are 25-feet inside and 45-feet outside. S. An electronic site plan is required to be submitted to the Renton Fire Department for pre-fire planning purposes prior to occupancy of the building. 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. 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' 00®@00 w I~ ZO •• I 1 ...J ii a. 0: '.'i () ~ i ; ~ ' l I ' • ________ • ..J -"Ii...,,..._, .• ., ..... _ -""'"' .... -- -"'"'""'"'""',.,....,_,..,,,, ..,,_.,,.,._,.,,.,"''-"'"'' ffii V~ '.) 8 .I i l 8--e--___L -e-r-1-, i ~ N '11 ;. !: I • i ~ I I I 1,11 i • ,•II. di ,11 1 i '' " ~~ " ,, l, 1 i, i l ,, ~ i ' ., @-- ©-- i ' t ~ /ill < "' u "' :i t- 0 ~ Cl z ;z a: < CL z 0 >= < > w ~ w I ~~ o· UJ. " li ::, --. 'E "' w ;:,, a: 0 z 0 ---w Ei > w ~ w b) ~ W• ~} e ~ I- 1>-1 m 1>-1 :::c >< w Iii VH ::> 8 ,I I I I 1i, 11 ·I ii· :i:J ', ,.1. S0N'v'1H8IH N01N3'cl 31foJll 08\fl_ I 11 I _j_M~d013/\3o a>'!•~,~ I ' I ' ir O'. UJ LL LL :::, f-lD 0 UJ _J CL <t "' 0 z (/) " D O'. z "' <t CL ~ z z 0 0 ~ ~ UJ UJ b _J _J ·' UJ UJ ; f-f-"-;;i (/) - UJ " UJ "' § "' "' ,-: (/) I f- " UJ Ill z z hji 0 Ill ;:: i"! <t "· > ~iii UJ _J " UJ !l 1i I !,la f-~ :::, w·· 0 ~ !'• i!i "' ,Ml!! ..-ul~.J N -"".,.-,......._,_ --,IO<ll"'" -- GEOTECH CONSULTANTS, INC. Taco Time Northwest 3300 Maple Valley Highway Renton. Washington 98058 I 3256 Northern;[ 20th Street, Suite 16 Bellevue, Washington 98005 (425) 747-5618 FAX (425) 747-8.561 November 11. 2013 JN 13419 Attention: Chris Tonkin via ema1): Chris@TacoTimeNWcom Subject: Transmittal Letter -Geotechnical Engineering Study Proposed Taco Time Restaurant and Second Retail Building 4114 Northeast 4th Street Renton, Washington Dear Mr. Tonkin: We are pleased to present this geotechnical engineering report for the proposed Taco Time Restaurant and a second retail building pad to be constructed in Renton. The scope of our services consisted of exploring site surface and subsurface conditions. and then developing this report to provide recommendations for general earthwork and design criteria for foundations, retaining walls. and pavements. This work was authorized by your acceptance of our proposal. P- 8694, dated July 29, 2013. The attached report contains a discussion of the study and our recommendations. Please contact us if there are any questions regarding this report, or for further assistance during the design and construction phases of this project. cc: BCRA-Mat Bergman via email: MBergman@bcradesign.com TRC/MRM: jyb Respectfully submitted, GEOTECH CONSULTANTS. INC. Thor Christensen, P.E. Senior Engineer EXHIBIT 5 EXHIBIT 6 DEPARTMENT OF COMMUNI 1 { AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE PRO JECT N UMBER: LUA 14-000083 APPLICANT: Mat Bergman PROJECT NAME : Taco Ti me Ren to n Hi gh la n ds Develop m ent PROJECT DESCR IPT ION: The appl ica nt is requesting Administrative Si t e Plan Review and Environmen ta l Review, for t he construction of a new retail structure and Taco Time wit h drive through, along with associated parki ng, landscaping an d i nfrastructure. The proposed Taco Time wo u ld have a gross square footage of approximate ly 3,073 sq u are fe et. The proposed retail stru ctu r e would have a gross square foot age of approximately 3,347 squ are feet . The site cu rre ntly contains an ex ist i ng 2,818 Taco Time which is proposed t o be demol ished as part of th e proposa l. The 0.77 acre site is located w ithin t h e Commercia l Corridor (CC} lan d u se designa t ion, Commercial Arte ria l (CA) zon i ng classifica t ion, and Design Dist rict 'D'. The s ubj ect property is located on the north side of NE 4th St just eas t of Union Ave NE. Access to the site is proposed v ia a shared i ngress/egress p oint off of NE 4th St. A tota l of 27 p ark ing s paces are proposed within a surface parkin g to the north, and in betwee n, the two propsoed stru ctures . The s ite is located w ithin Zone 2 of the Aquifer Protection Ar ea and there are no o the r c ritical areas locate d on site. PRO JECT LOCATI ON: LEAD AGENCY: 4114 NE 4th St. City of Rento n Environmenta l Review Co mmittee Departm e nt of Commun ity & Eco nom ic Development The City of Ren t on Env i ronme ntal Rev iew Committee has determined t ha t it does n ot have a probable sign ificant adverse impact on the e nvironment. An Environmenta l Impact Statement (EI S} is not req uired under RCW 43.21C.030(2)(c). Conditions we r e imposed as m itiga t ion mea sures by t he Envi ron m e nta l Rev iew Comm ittee under their author ity of Section 4 - 9-070D Re nton Municipal Code. The se conditions are necessary to m itigate env ironme ntal i mpacts ide ntified during the env ironmental r ev iew process. Because other agenc ies of jurisdiction may be involved, the lead agency will not act on t hi s proposal for fourteen {14} days. Appeals of the environmental determination must be file d in writing on or before 5:00 p.m. on M arch 14, 2014. Appeals mu st b e fi led in writing together with the requ ired fee with: Hea r i ng Exam i ner, City of Renton, 1055 Sou th Grady Way, Re nton, WA 98057. Appea ls to the Examine r are gove rned by RMC 4-8-110 and more i nfor mat io n may be obt ain ed from the Ren t on City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF D EC ISION : SIGNATURES : Communi ty Services Department March 7, 2014 March 3, 2014 Date EXHIBIT 7 terson, Adm inist tor Emergency Sues ~ _-'-"_ lt--ff7--=----z _:____ '--_--~--j_~"> ~s~:t C.E. 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'---'-·-·:. _ __.---r----l----1--'~:..· __ _,:::·.:c'f:;.·_-'-------i---_:;i~;----.-----.-----~_:_-_-=_::; .. __ .,·~_,:_.\'.::~__::;~_;:._-i_,_.~__:'.:__:';..,l,:;{_l ::__.~_;-'-----,,-----_J i < u 0 I co ~ .... co .... :I: >< w Taco Time Highlands Development Notes None 64 0 0 5182100009 32 64 Feet WGS _ 1984 _Web_ Mercator _Auxiliary_ Sphere City of R-en:ton ® Finance & IT Division Legend City and County Boundary L I Oth er [:J C ity of Renton Addresses Parcels Information Technology -GIS RentonMapSupport@Rentonwa .gov 2/22/2014 EXHIBIT 9 This map is a user ge11erated static output from a n Internet mapping s ite and is for referem:e only. Data layers that appear on this map may or may not be accurate, current. or other\,vise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) -Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: LAND USE NUMBER: PROJECT NAME: February 3, 2014 LUA14-000083 Taco Time Renton Highlands Development PROJECT DESCRIPTION: The applicant is requesting Administrative Site Plan Review and Environmental Review, for the construction of a new Taco Time with drive through along with associated parking, landscaping and a building pad for a future commercial building. The proposed Taco Time would have a gross square footage of approximately 3,067 square feet. The site currently contains an existing 2,818 Taco Time which is proposed to be demolished as part of the proposal. Access to the site is proposed via a shared ingress/egress point off of NE 4th St. A total of 27 parking spaces within a suriace parking to the north, and in between, the two structures. There are no critical areas located on site. PROJECT LOCATION: 4114 NE 4th Street 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 24, 2014 February 3, 2014 APPLICANT/PROJECT CONTACT PERSON: Matt Bergman/BCRA/Mail: 414 Stewart Street. Suite 200, Seattle, WA 98101/EMail:mbergman@bcradesign.com Permits/Review Requested: Other Permits which may be required: Requested Studies: Location where application may be reviewed: CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental (SEPA) Review, Site Plan Administrative Review Building, Construction, Sign Drainage Report, GeoTechnical Report, Parking Analysis Department of Community & Economic Development (CED)-Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 The subject site is designated Comprehensive Land Use designation East Renton Interceptor SAO Residential and Commercial (SAD0002R,SAD0002C) on the City of Renton Comprehensive Land Use Map and Zoning designation Commerical Arterial (CA) on the City's Zoning Map. 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.: Taco Time Renton Highlands Development/LUA14-000083 NAM Ee---------------------------------- MAILING ADDRESS: ________________ City/State/Zip:----------- TELEPHONE NO.c -------------- Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: Proposed Mitigation Measures: The applicant would geotechnlcaJ report. Environmental (SEPA) Checklist The project will be subject to the City's SEPA ordinance, RMC4-2-120A and other applicable codes and regulations as appropriate. The following Mitigation Measures will likely be imposed on the proposed project. These recomrnended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. be required to comply with the recommendations within the provided Comments on the above application must be submitted in writlng to Rocale Timmons, Senior Planner, CED -Planning Division, 10SS South Grady Way, Renton, WA 98057, by 5:00 PM on February 17, 2014. 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, Senior Planner; Tel: (42S) 430-7219; Eml: rtimmons@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION 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.: Taco Time Renton Highlands Development/LUA14-000083 NAM Ee---------------------------------- MAILING ADDRESS: ________________ City/State/Zip:----------- TELEPHONE NO.: --------------- Denis Law c·t - __ _:Ma:yo~, ______ .. r· 1 Y Q I February 3, 2014 Mat Bergman BCRA 414 Stewart Street Suite 200 Seattle, WA 98101 -1~'trwn Department of Community and Economic Development CE."Chip"Vincent, Administrator Subject: Notice of Complete Application Taco Time Renton Highlands Development, LUA14-000083, ECF, SA-A Dear Mr. Bergman: 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 February 24, 2014. 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. Ro le Timmons Senior Planner cc: Bellevue n LLC / Owner(s) Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION Bellevue TI LLC PROJECT OR DEVELOPMENT NAME: NAME: TACO TIME RENTON HIGHLANDS DEVELOPMENT 3300 Maple Valley Highway ADDRESS: PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 4114 NE 4TH ST. Renton 98058 98059 CITY: ZIP: 425-988-2439 TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 1023059132 APPLICANT (if other than owner) MAT BERGMAN, PROJECT MANAGER NAME: EXISTING LAND USE(S): FAST FOOD RESTURAUNT W/ DRIVE-TH RU BCRA COMPANY (if applicable): PROPOSED LAND USE(S): FAST FOOD RESTURAUNT W/ DRIVE-TH RU AND RETAIL 414 STEWART ST. SUITE 200 EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: SEATILE 98101 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) 206-625-3300 . EXISTING ZONING: TELEPHONE NUMBER: CA COMMERCIAL ARTERIAL CONTACT PERSON PROPOSED ZONING (if applicable): MAT BERGMAN NAME: SITE AREA (in square feet): 33,702 BCRA SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: 414 STEWART ST. SUITE 200 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: SEATILE 98101 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (if applicable) TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) 206-625-3300 MBERGMAN@BCRADESIGN.COM NUMBER OF NEW DWELLING UNITS (if applicable): C:\Users\Chris\AppData\Local\Temp\XPgrpwise\masterapp.doc -l -03/ll P _ JECT INFORMATION (cont. .. ...1ed) ~-~-----~-----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: 1.5 MIL. SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): TACO TIME -3,067 D AQUIFIER PROTECTION AREA ONE D AQUIFIER PROTECTION AREA TWO RETAIL -3,329 SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): TACO TIME -20 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. RETAIL-10 -15 LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE QUARTER OF SECTION __ , TOWNSHIP __ , RANGE __ , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) ( < k r; ) ·To ~ I'-,\,-, declare under penalty of perjury under the laws of the State of Washington that I am (please check one) __ the current owner of the property involved in this application or __J,._ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and th . information herewith are in all respects true and correct to the best of my knowledge and belief. / /·;/ Signature of Owner/Representative Date Signature of Owner/Representative STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have sat1sfact!ev1dence that '-1---..;,~ \\.l~cv, signed this instrument and a~ litl\9. be h1s/herltheir free and voluntary act for the uses and purpose menti~';",et,i, t""1j~, J:~V """''"\"'''•i':°""'11-,,. -(<) ,,_.~ ... ~ ~ ~ 'I q ( I u...[ /J~ ,.o,....,. ~ij~ % C { ~ Y'r-. ~U,~ ~ ~------~~-«r-r-~, ~ i%~ Dated ~ ; ~ 4 • ' § Notary Public rn and for the State of Washington Date 1,. :..\ ~,. ~ ~.LIG -:: ,,, <" ~.,,,~08.17 ,"' ~ E 11 0.,.c,,. '''''''"'\."'..i ~O .:::-- 11' 1, 11,t'ISHl~G ~ It 111111\\"''''' Notary (Print): __ C_._( _\_--f_"'""' __ f'Y'.-.. __ 1_"::i_c_.--'c'-v'-· .. _'_,_t,---._ ______ _ My appointment expires: ___ L<_-_ls_' _-_k_·_1_, __________ _ C:\Users\Chris\AppData\Local\Temp\XPgrpwise\masterapp.doc . 2 -03/11 PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Construction Mitigation Description 2 AND, ~~~:i;if!:ffl.lilli!'*1~Wi~1(9~~i~mt1~n:u:::::i::::::m:,::mr:::,:,n Density Worksheet 4 : Habitat Data Report 4 Master Application Form • Mqi1Ji!mMtC~r'd$,~oniii,P¢tm:M~m~~o,i;,; ,,, ,,; ,;, ,; Neighborhood Detail Map 4 This requirement may be waived by: 1. Property Services Section PROJECT NAME: -~&~;.,4~C~cJ~~7?_7~h~E: ___ _ 2. Public Works Plan Review Section 3. Building Section 4. Planning Section DATE: __ _,./....coc..,,.,_./.,_,;J'-,1 /'-'.z=o~/--3~-- ()·\WFR\PW\nFV!=:FR\AF:"nrm._\Pl;mninn\w;iiVP.rnf._11hmiH;:ilrP.n<. YI!-: 02/0R PLANNING DIVISION ' WAIVc.rt OF SUBMITTAL REQUlrtcMENTS FOR LAND USE APPLICATIONS Parking, Lot Coverage & Landscaping Analysis • ri@:R~~~~~~·1RM'@):~•••:•:•:•rn·•·•·•;r:::m::•:••:w Plat Name Reservation • Wiiiiil':''."'•·•·•·•'•"•'•','·'•'·'•'.'.'.''''. Tree Cutting/Land Clearing Plan 4 Urooite®\~t,:O'~i¢1Q1;i.Oiiiertay,Oiiitt1«:•U'{e11ort;i•••••••• Utilities Plan, Generalized 2 W,e1l~$•Ml~~1i()tt PJ~i\KlmialA••• .. ••• • ;)•: H Wetlands Mitigation Plan, Preliminary 4 Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Siles 2 ANO 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 ANO, Photosimulations 2 ANO 3 This requirement may be waived by: 1. Property Services Section PROJECT NAME: __ _:__/;_A-_&J_!..:~_JY...:..:::€ ____ _ 2. Public Works Plan Review Section 3. Building Section DATE: __ ...:../_o..,_/.:::...3,...:;/.z=o-'/--"G'----- 4. Planning Section Q:\WEB\PW\DEVSER\/\Fonns\Planning\waiverofsubmitlalreqs.xls 02/08 -:1:,:,11::. ~\·,\ ·JB.t:J.i: -12.::.1, (;]";' ,P>,T TACO TIME, RENTON HIGHLANDS Project Narrative 01.20.2014 Project name, size, and location of site: Project name: Taco Time NW in the Renton Highlands Project size: 0.77 acres Project location: 4114 Northeast 4th Street Renton, WA 98059 Land use permits required for proposed project: Land use permits will be determined through Site Plan Review and Environmental Review submissions. Zoning designation of the site and adjacent properties: Project is zoned as Zone CA (Commercial Arterial), all adjacent property is likewise zoned. Current use of the site and any existing improvements: Current use of the site is commercial with a Taco Time located at the center of the site. The proposed improvements consist of relocating the Taco Time building to the eastern half of the site and constructing another commercial building on the western half of the site. Parking and utilities will also be modified as part of the proposed improvements. Special site features (i.e. wetlands, water bodies, steep slopes): The site includes no special site features. Statement addressing soil type and drainage conditions: A geotechnical report dated November 11, 2013 has been prepared by Geotech Consultants, Inc. It identifies the site soils as fill material overlying native soil that is dense to very dense silty sand with gravel. Proposed drainage onsite will mimic existing drainage patterns. New catch basins will be installed onsite in conjunction with the demolition of the existing catch basins. The new catch basins will be connected to the existing stormwater conveyance system. Proposed use of property and scope of the proposed development: The proposed uses of the property are: 1) relocating the existing use and 2) service related retail. The project proposes an adjustment in site layout and the addition of a second commercial property. This scope will entail the following: BCRADESIGN.COM • Demolition of existing building located on site. • Demolition and removal of asphalt and concrete pavement located within the project limits. • Grading for proposed structures and proposed parking areas. • Construction of both proposed structures. • Installation and interfacing of new asphalt and concrete pavement. • Demolition of existing stormwater conveyance system (both onsite system and offsite system that crosses through the project site). • Installation of new stormwater conveyance system (both onsite system and offsite system that crosses through the project site). • Installation and interfacing of all utilities associated with the proposed structures. • Landscaping the project site. • The proposed buildings will not meet the minimum set back requirement due to the presence of utility easements along the street frontage. For plats indicate the proposed number, net density and range of sizes (net lot area) of the new lots: Access: The project will ultimately be subdivided into two parcels as a future action. The resulting parcels will be of sizes of approximately 15800sf and 17903sf. Since this is a commercial project the net density is not applicable. The project maintains 3 of the 4 the existing parking access routes (south driveway connecting to N.E. 4'• Street, west driveway connecting to adjacent gas station, and north connection to existing Safeway parking lot) with the removal of the eastern driveway connecting to the adjacent parking lot. Proposed off-site improvements (installation of sidewalks, fire hydrants, sewer mains, etc.): There are no proposed offsite improvements. Total estimated construction cost and estimated fair market value of the proposed project: The total estimated construction cost of the site and both buildings is approximately $2.5 million. Estimated quantities and type of materials involved if any fill or excavation proposed: The project proposes to have approximately 1,000 cubic yards of cut and 1,000 cubic yards of fill. The intent of the project is to balance the site for grading activities. It may be necessary to have some import and/or export depending on site soil conditions during construction. Number, type, and size of any trees to be removed: Page 2 of 3 • : liJ r.i: if., :..·.,. 1,11;- -;1:·J"'''' ~\·,\ }~~J.:: -12:1 627 .\?·~,7 A number of small trees and shrubs that currently make up the landscaping of the existing structure are to be removed in the demolition process. There are four trees in the western portion of the site that will be removed and won't be replace due to the public storm easement. There are no proposed trees along the street frontage due to existing utility easements. Explanation of any land to be dedicated to the city: There is no proposed land dedication to the city associated with this project. Any proposed job shacks, sales trailers, and/or model homes: The contractor for the project is not yet selected; however, a job trailer for employees will not likely be placed on the project site. Any proposed modifications being requested (including written justification): N/A For projects located within 100 feet of a stream or wetland, please include: Distance in feet from the wetland or stream to the nearest area of work. Maplewood Creek is located approximately 90 feet south of the southern project boundary. For projects located within 200 feet of Black River, Cedar River, Springbrook creek, May Creek, and Lake Washington please include the following additional information: Distance from closest area of work to the ordinary high water mark. N/A Description of the nature of the existing shoreline. N/A The approximate location of and number of residential units, existing and potential, that will have an obstructed view in the event the project exceeds a height of 35 feet above the average grade level. N/A Page 3 of3 PREAPPLICATION MEETING FOR TACO TIME on 4th PRE 13-001294 CITY OF RENTON Department of Community & Economic Development Planning Division October 3, 2013 Contact Information: Planner: Roca le Timmons, 425.430.7219 Public Works Plan Reviewer: Rohini Nair, 425.430.7298 Fire Prevention Reviewer: Corey Thomas, 425.430.7024 Building Department Reviewer: Craig Burnell, 425.430.7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all of the required copies. The pre-application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community & Economic Development Administrator, Public Works Administrator and City Council). .i: FIRE & EMERGENCY SERVICES DEPARTMENT r• Cit)•of 0- --------r { 2 r1 t C'' rl :j_-,} M E M O R A N D U M -:,,. ____ LJ__ ' DATE: TO: FROM: SUBJECT: October 3, 2013 Rocale Timmons, Senior Planner Corey Thomas, Plans Review Inspector Taconme 1. The preliminary fire flow requirement for a non-sprinklered building is 2,000 gpm. Two fire hydrants are required. One fire hydrant is required within 150-feet of the proposed buildings and one hydrant is required within 300-feet. Existing hydrants are adequate. 2. The fire impact fees are applicable at the rate of $0.52 per square foot -(f'tAt\ of building area. These fees are paid at time of building permit issuance. Credit will be given for the removal of the existing restaurant. This fee increases to $0.94 on January 1st, 2014. 3. The threshold for fire alarm systems in Renton is 3,000 square feet. The threshold for fire sprinkler systems in Renton is 5,000 square feet or an occupant load of 100 or more persons. Separate plans and permits are required to be submitted to the Renton Fire Department for review and permitting. Fire alarm system shall be fully addressable and full detection is required. A direct outside door is required to the fire sprinkler riser control room. ( 4. An annual place of assembly permit is required for occupancies exceeding 50 persons. 5. Fire department apparatus access roadways are adequate. Turning radius are 25-feet inside and 45-feet outside. 6. An electronic site plan is required to be submitted to the Renton Fire Department for pre-fire planning purposes prior to occupancy of the building. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: October 1, 2013 TO: Rocale Timmons, Associate Planner FROM: Rohini Nair, Plan Reviewer SUBJECT: Taco Time 4114 NE 4'" Street PRE13-001294 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. Water 1. The preliminary fire flow demand for the development as determined by the Fire Prevention Department is 2,000 gpm for a non-sprinklered building. 2. The project is within the City's water service area in the Highlands 565 hydraulic pressure-zone. There is an existing 8-inch water main in NE 4'" St (water plan no. W-0240) that can deliver a total maximum flow rate of 2,400 gpm. There is also an existing 12-inch water main (water project plan no. W-0698) within an easement within the Safeway's property that can deliver 4,000 gpm. The static water pressure is about 72 psi at an elevation of 397 feet. There is an existing hydrant located near the southeast corner of the property that can deliver 1,000 gpm, and the hydrant(s) on the Safeway site can also deliver 1,000 gpm each. 3. There is an existing hydrant located near the southeast corner of the property that can deliver 1,000 gpm, and the hydrant(s) on the Safeway site can also deliver 1,000 gpm each. There is an existing 1-inch domestic water meter serving the existing Taco Time building (utility billing account reference no. 620823) that can be reused for the new building. A new domestic water meter will be required for the proposed drive-through building. The meter shall be connected to the existing 8- inch water stub serving the existing hydrant at the southeast corner of the property. A backflow prevention assembly (RPBA) will be required downstream of each meter. A separate water meter will be required for landscape irrigation along with a double check valve assembly. Taco Time -PREB-001294 Page 2 of 3 October 1, 2013 5. The development is subject to applicable water system development charges and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. Sanitary Sewer 1. Sewer service is provided by the City of Renton. 2. Side sewer must be provided to each building and connection must be obtained from the existing 8-inch sewer main located north of the site. 3. System development fee for sewer is based on the size of the new domestic water meter. 4. Special Assessment District (East Renton Interceptor) fees are applicable and the current rate is $0.097 per square feet . .__ Storm 1. A drainage report complying with the City adopted 2009 King County Surface Water Manual and City Amendments will be required. Based on the City's flow control map, this site falls within { the Flow Control Duration Standard (Forested Conditions). Refer to Figure 1.1.2.A-Flow chart ~ for determining the type of drainage review required in the City of Renton 2009 Surface Water , ,I . L.0 Design Manual Amendment. Stormwater BMPs applicable to the individual lots are applicable. W\~ Basin analysis for the proposed City storm line relocation will be required in the drainage report. ~he easement document for the existing storm line must be provided with the drainage report. Stormwater improvements as per the drainage report will be applicable. . , _ _h, 2. A geotechnical report for the site is required. Information on the water table and soil --1(',fW' permeability, with recommendations of appropriate flow control BMP options with typical designs for the site from the geotechnical engineer, shall be submitted with the application. 3. Surface water system development fee is $0.448 per square foot of new impervious surface area, but not less than $1,120.00. Transportation 1. Payment of transportation impact fee is applicable at the time of issuance of the building permit. 2. What is the estimated peak hour traffic change associated with the proposed development • J project? -~ 11 (.,~ -iv c~ ;.,,-M,; re: \\ ~ ft4w,/r. 3. The City recently constructed the improvements on NE 4th Street. Therefore, additionJrright-of- way or frontage improvements are not required from this project. 4. Why is the submitted plan showing new gas line on NE 4th Street? Wasn't the line installed with the City project? We do not encourage cutting on a recently paved street if possible. 5. The plans show that the access to the gas station to the east will be discontinued from the subject site. Was there an existing access easement that gave access to the gas station? H:\CED\Planning\Current Planning\PREAPPS\13-001294.Rocale\Plan Review Comments PRE13-001294.doc Taco Time-PRE13~001294 Page 3 of 3 October 1, 2013 General Comments 1. All construction or service utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. Plans shall be prepared by a licensed Civil Engineer. 2. When utility plans are complete, please submit three (3) copies of the drawings, two (2) copies of the drainage report, the permit application, an itemized cost of construction estimate, and application fee at the counter on the sixth floor. H:\CED\Planning\Current Planning\PREAPPS\13·001294.Rocale\Plan Review Comments PREB-001294.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: MEMORANDUM October 3, 2013 Pre-Application File No. 13-001294 Rocale Timmons, Senior Planner Taco Time 4114 NE 41h St General: We have completed a preliminary review of the pre-application for the above- referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Services Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or on line at www.rentonwa.gov Project Proposal: The subject property is located on the north side of NE 4th St just east of Union Ave NE. The 33,724 square foot site is located within the Commercial Arterial (CA) zone. The pre-application packet indicates that the proposal is to subdivide the property into two lots for the eventual construction of two eating and drinking establishments; the reconstruction of the existing Taco Time and an espresso establishment. It is unclear of the square footage of the two structures. Access to the site is proposed via a shared ingress/egress point off of NE 4th St. The applicant is proposing a total of 16 parking stalls and stacking space for each of the respective drive-thru components of each restaurant. There appear to be no critical areas on site. However there are several existing utility easements which impact the building envelope of the site. Current Use: Currently the site contains an existing eating and drinking establishment (Taco Time) which is proposed to be demolished. Development Standards: The project would be subject to RMC 4-2-120A, "Development Standards for Residential Zoning Designations" effective at the time of complete application (noted as "CA standards" herein). Zoning: The property is located within the Commercial Corridor (CC) land use designation and the Commercial Arterial (CA) zoning designation. A wide range of commercial uses are outright allowed within the CA zoning classification. The City's zoning use table has been provided to the i:\rtimmons\preapps\13-001294 (ca taco time).doc Taco Time on 4ch Page 2 of6 October 3, 2013 applicant to verify which specific uses are permitted on site. As a note to the applicant: Drive- In/Drive-Through Retail uses are permitted as an accessory use within the CA zone provided that they are: a. Located on the same lot with another building/use; or b. Structurally integrated into another building/use; or c. Located an its awn lat with some amount of indoor customer seating to qualify the drive-through as Naccessory" to the eating/drinking establishment. 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 and street furniture. 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). Minimum Lot Size, Width and Depth -There are no minimum requirements lot width or depth within the CA zone. However, the minimum lot size in the CA zone is 5,000 square feet. The proposed subdivision appears to comply with the minimum lot standards of the code. Lot Coverage -The CA zone allows a maximum building coverage of 65 percent. The applicant would be required, at the time of formal land use application, to provide a lot coverage analysis. 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; a 15 foot maximum front yard setback; and no rear or side yard setbacks unless the property abuts a residential zoned property. It appears that the proposed structures exceed the maximum front yard setback allowed by code. The maximum setback may be modified by the Reviewing Official through the site development plan review process if the applicant can demonstrate that the site development plan meets the following criteria: a. Orients development to the pedestrian through such measures as providing pedestrian walkways beyond those required by the Renton Municipal Code (RMC), encouraging pedestrian amenities and supporting alternatives to single occupant vehicle (SOV) transportation; and b. Creates a low scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and 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 otlieiwise. The site is constrained by several utility easements of which one would preclude the structures from complying with the setbacks outlined in code. The conceptual site plan appears to achieve orientation to NE 4"' St through pedestrian walkways, distinctive architecture, and the potential for enhanced landscaping. Therefore, staff would likely be in support of a - i:\rtimmons\preapps\13-001294 {ca taco time).doc Taco Time on 4th Page 3 of 6 October 3, 2013 modification to the required maximum setback which would be contingent on a formal Site Plan Review. Gross Floor Area -There is no minimum requirements for gross floor area within the CA zone. Building Height -The maximum building height that would be allowed in the CA zone is 50 feet and 60 feet for mixed use structures. It appears the proposal for one-story structures would comply with the height requirements of the zone. 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 commercial 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. Landscaping -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 minimum on-site landscape width required along street frontages is 10 feet, except where reduced through the site plan development review process. Please refer to landscape regulations (RMC 4-4-070) for additional general and specific landscape requirements (enclosed). A conceptual landscape plan and landscape analysis meeting the requirements in RMC 4-8-120D.12, shall be submitted at the time of application for Site Plan Review. Tree Preservation -A tree inventory and a tree retention plan along with a tree retention worksheet shall be provided with the formal land use application. The tree retention plan must show preservation of at least 10 percent (10 %) of significant trees, and indicate how proposed building footprints would be sited to accommodate preservation of significant trees that would be retained. If the trees cannot be retained, they may be replaced with minimum 2 inch caliper trees at a rate of six to one. 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. Parking -The following ratios would be applicable to the site: Use Square Footage Qf Ratio Required Use Spaces Eating and Drinking Unknown Min and Max: 1 space / Unknown Establishment 75 SF of dining area The submittal materials indicate a total of 16 surface parking stalls would be provided on site. It is unclear how many stalls would be required as the applicant did not provide the square footage of the proposed dining area. I Where practical difficulties exist in meeting parking requirements, the applicant may request a modification from these standards. i:\rtimmons\preapps\13--001294 (ca taco time).doc Taco Time on 4th Page 4 of 6 October 3, 2013 The drive-thru facilities shall be so located that sufficient on-site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak business hours. Typically 5 stacking spaces per window are required unless otherwise determined by the Planning Director. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. It appears the applicant's site plan provides adequate area for stacking spaces. The applicant will be required at the time of formal land use/building permit 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. Surface parking stalls must be a minimum of 9 feet x 20 feet, compact dimensions of 8Y, feet x 16 feet, and parallel stall dimensions of 9 feet x 23 feet; compact surface parking spaces shall not account for more than 30 percent of the spaces in the surface parking lots. 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. The applicant is required to provide bicycle pqrking based on 10 % of the required number of parking stalls. Bicycle parking is proposed on site which is likely to exceed the required number of stalls. Access -Driveway widths are limited by the driveway standards, in RMC 4-40801. Pedestrian Access -A pedestrian connection shall be provided from all public entrances to the street, in order to provide direct, clear and separate pedestrian walks from sidewalks to building entries and internally from buildings to abutting properties. 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). The ground/monument sign is limited to 5 feet in height. 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. • 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. • Parking shall be located so that no surface parking is located between a building and the front property line, or the building and side property line, on the street side of a comer lot. • Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of seventy five percent {75%) of the building frontage width. • Parking garages at grade shall include screening or be enclosed from view with treatment such as walls, decorative grilles, trellis with landscaping, or a combination of treatments. i:\rtimmons\preapps\13-001294 (ca taco time).doc Taco Time on 41h Page 5 of 6 October 3, 2013 • The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. • Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. • All building facades shall include modulation or articulation at intervals of no more than forty feet {40'). • Modulations shall be a minimum of two feet {2') deep, sixteen feet (16') in height, and eight feet (8') in width. • On any facade visible to the public, transparent windows and/or doors are required to comprise at least fifty percent (50%) of the portion of the ground floor facade that is between four feet {4') and eight feet (8') above ground (as measured on the true elevation). • Buildings shall use at least one of the following elements to create varied and interesting roof profiles (see illustration, subsection RMC 4-3-100.ISf): (a) Extended parapets; {b) Feature elements projecting above parapets; (c) Projected cornices; (d) Pitched or sloped roofs. • Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. Based upon o preliminary review of the conceptual elevations the proposed Taco Time structure appears to comply with the Design District 'D' regulations. A thorough design review would be completed the during the formal land use process. Critical Areas There appear to be no critical areas on site. Environmental Review Environmental (SEPA} Review is required due combined square footage of the structures. 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. Permit Requirements The proposal would require Administrative Site Plan Approval, Environmental {SEPA) Review, and a parking modification. The purpose of the Site Plan process is the detailed arrangement of project elements so as to be compatible with the physical characteristics of a site and with the surrounding area. An additional purpose of Site Plan is to ensure quality development consistent with City goals and policies General review criteria includes the following: a. Compliance and Consistency. Conformance with plans, policies, regulations and approvals, including: b. Off-Site Impacts. Mitigation of impacts to surrounding properties and uses. i:\rtimmons\preapps\13-001294 (ca taco time).doc Taco Time on 4th Page 6 of6 October 3, 2013 c. On-Site Impacts. Mitigation of impacts to the site d. Access and Circulation. Safe and efficient access and circulation for all users. e. Open Space. Incorporation of public and private open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site; f. Views and Public Access. Provision of view corridors to shorelines and Mt. Rainier, incorporates public access to shorelines, and arranges project elements to protect existing natural systems where applicable. g. Services and Infrastructure. Availability of public services and facilities to accommodate the proposed use; h. Signage. Use of signs primarily for the purpose of identification and management of sign elements -such as the number, size, brightness, lighting intensity, and location - to complement the visual character of the surrounding area, avoid visual clutter and distraction, and appear in proportion to the building and site to which they pertain; and i. Phasing. Inclusion of a detailed sequencing plan with development phases and estimated time frames, if applicable. 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 (see attached). All applications can 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 is $1,000, and the parking modification fee is $100. There is an additional 3% technology fee at the time of land use application. 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 impact fees would be required prior to the issuance of building permits: • A Fire Mitigation fee currently assessed at $0.52 per square foot of retail. • A Transportation Mitigation Fee As determined by City per current ITE Manual. Fees will change January 1, 2014. A handout listing all of the City's Development related fees is attached for your review. Expiration: Upon site plan approval, the site plan approval is valid for two years with a possible two-year extension. i:\rtimmons\preapps\13-001294 (ca taco time).doc -Proposed construction date Demo start date end of May to mid June underground utilities and site improvements to mid July building construction to end of November. -Hours and days of operation Monday to Friday 7:am to 6:pm -Proposed hauling and transportation routs Entering and exiting site via intersection of NE 4th and Whitman all heavy truck traffic will follow NE 4th Ave to 1-405 -Measures to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise, Dust control; Utilize existing water service with an approved back flow device(RPBA) to wet the site and demolition work as needed. Traffic impact control; Schedule major trucking during non peek traffic hours(after 9am before 3pm) Erosion and mud control; Areas of existing asphalt will only be removed as needed for utillity work. Install drian inlet protection at surrounding catch basins Noise control; There will be no construction methods or practices that will generate additional noise beyond normal construction projects. -Any special hours proposed for construction or hauling(weekends or nights) No anticipated off hour work -Preliminary Traffic control plan No right of way utility or road work in the scope. All deliveries will be able to enter site no street loading or unloading. City of Renton TREE RETENTION WORKSHEET 1. Total number of trees over 6" in diameter1 on project site: 1. ___ lf~ __ trees 2. Deductions: Certain trees are excluded from the retention calculation: Trees that are dead, diseased or dangerous2 ____ trees Trees in proposed public streets -~1---trees Trees in proposed private access easements/tracts q trees Trees in critical areas 3 and buffers trees Total number of excluded trees: 3. Subtract line 2trom line 1: 2. 3. ___ q,__ __ trees ---C,,,?'--_ 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. ___ O'""---trees 5. List the number of 6" or larger trees that you are proposing 5 to retain 4: 5. {) trees 6. Subtract line 5 from line 4 for trees to be replaced: (If line 6 is less than zeto, stop here. No replacement trees are required). 6. _ ___.C....,1~-trees 7. Multiply line 6 by 12" for number of required replacement inches: 7. CJ inches 8. Proposed size of trees to meet additional planting requirement: CJ (Minimum 2" caliper trees required) 8. --~----inches per tree 9. Divide line 7by line Bfor number of replacement trees 6 : (if remainder is .5 or greater, round up to the nex1 whole number) 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 certilied arborist, and approved by the City. 3-Critical Areas, such as wetlands, streams, floodplains and protected slopes, are defined in Section 4-3-050 of the Renton Municipal Code (RMC). 4 · Count only those trees to be retained outside of critical areas and buffers. !i. The City may require modification of the tree retention plan to ensure retention of the maximum number at trees per RMC 4·4· 130H7a 6 ' Inches of street trees, inches of trees added to critical areas/butlers, and inches of trees relained an site that are less than 6" but are greater than 2" can be used to meet the tree replacement requirement. H ;\CED\Data \Fonns-T emplates\Self • Help Handouts\Pl ann ing\ TreeRetention W orks.heet .doc 12108 ;2 ( -, i·· 1--7 .,.450 ',_,,") -~(_,,.,--;,·1 I . v, .. :::> ~4 5,5 7;"(4J,"•1 ~ I ---::'i~-· ..,,,-,,••,7•·..,·1.0•,·· UJ ,_;,U."JbC•~ ,".J,..1t. r.}-t1_.i l) -· L. -7 ._43 8 Z f~tiD ,31'j-(.!b,3{} ~ 1e.5?.:f43 ,0 ,, , ,., c--., . _. ~ )f. . i ,_. 7~?·Jh ~1·1 -· ... ".J""' . ..,1),.1:;Jt,::,,,·_.; C wJO .. ,.,,.., ,,. <D , ( _ ...124. > 1._,,:Jl.Jt;i!h/l"-, .421 <( ...... -T .. 0.4 0,.:: I Ii 192, ' I .4020 09230-59217 ·r ., ,... -· :J02Q f3933 ~ '.J I'.""'"~· c,-, C', ',1": '-Ll -~ ~-·--f': '"' ~' ·- 35l ., 1623-:.."-·dv,j,- .. 1~::i ' C 0 C ::> 1 n.;; .,, .. 41.02, -· ._..~o,j/-,. .5182 '10{i008 :511;.2100016 10 2 3 ,.4:i110 . ._ i,C· ",:-;:,JJ..14, . . •·. .4-105 8 ~. ,·.:, '\•. <'-.J •T• -r; Neighborhood Detail Map eeo J,J oc:io Io PROJECT SITE PARCEL# 1023059132 ADDRESS: 4114 NE 4th Street 880·,--4260 ._ ._...l11..QU \ .5182100021 •') '0 :-\, ·:'t-J l:") I::, :'"") ,,, Q ~- RP.O t h Taco Time 4114 NE 4th Street PLANNING DIVISION DESIGN DISTRICT "D " CHECKLIST City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: Ensure compliance with design review regulations located in the Renton Municipal Code in order to: a. Maintain and protect property values; b. Enhance the general appearance of the City; c. Encourage creativity in building and site design; d. Achieve predictability, balanced with flexibility; and e. Consider the individual merits of proposals. INSTRUCTIONS FOR APPLICANTS: This design district checklist asks you to describe some basic information about your proposal. The City will use this checklist to determine whether the proposal complies with the Urban Design Regulations in the Renton Municipal Code (RMC 4-3-100). There are two categories that have been established: (a) "minimum standards" that must be met, and (b) "guidelines" that, while not mandatory, are considered by the Planning Director in determining if the proposed action meets the intent of the design guidelines if the standard cannot be met. Please describe how your proposal meets each standard. If you are not able to meet the standard, please describe how the proposal meets the intent and guidelines of the applicable section. If a question does not apply to your proposal, write "does not apply". Complete answers may avoid unnecessary delays in the processing of your review. Guidelines: Developments shall enhance the mutual relationship of buildings with each other,aswell.as with the roads, open space, and pedestrian amenities while working to create a pedestrian oriented environment. Lots shall be configured to encourage variety and so that natural light is available to buildings and open space. The privacy of individuals in residential uses shall be provided for. Standard: The availability of natural light (both direct and reflected) and direct sun exposure to nearby buildings and open space (except parking areas) shall be considered when siting structures. Neither building impacts each other or the existing structures around the project in regards to natural light Standard: Buildings shall be oriented to the street with clear connections to the sidewalk. Both buildings have front doors facing the street and located just off of the path of travel from the public way to the building. Buildings are set back to avoid the utility easement that runs across the south portion of the property Standard: The front entry of a building shall be oriented to the street or a landscaped pedestrian-only courtyard. Both buildings have entries that face the street directly. Standard: Buildings with residential uses located at the street level shall be set back from the sidewalk a minimum of ten feet {10') and feature substantial landscaping between the sidewalk and the building or Have the ground floor residential uses raised above street level for residents' privacy. N/A Guidelines: Primary entries shall face the street, serve as a focal point, and allow space for social interaction. All entries shall include features that make them easily identifiable while reflecting the architectural character of the building. The primary entry shall be the most visually prominent entry. Pedestrian access to the building from the sidewalk, parking lots, and/or other areas shall be provided and shall enhance the overall quality of the pedestrian experience on the site. 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. The Retail building is planned to have a tall corner element with a canopy that wraps the corner. There is a pair of store front doors that face the street and walkway and a pair of storefront doors that face the parking lot at the same corner. The Taco Time building has it tallest fa~ade facing the street with the storefront entrance identified by a canopy that wraps the corner of the building. Standard: A primary entrance of each building shall be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting. Both building entrances are storefront doors have with canopies above them. Wall sconces are also next to the entrances. Standard Building entries from a street shall be clearly marked with canopies, architectural elements, ornamental lighting, or landscaping and include weather protection at least four and one-half feet (4- 1/2') wide (illustration below). Buildings that are taller than thirty feet (30') in height shall also ensure that the weather protection is proportional to the distance above ground level. Both building entrances have canopies over them that are more than 4.5' wide. Both have ornamental wall sconces. Landscaping wraps the walks that front the entrances. Standard: Building entries from a parking lot shall be subordinate to those related to the street. We have provided two entry points to the buildings, one addresses the parking lot and the other address the street front. The entries addressing the street are part of the tallest portion of the building and are below the primary signage for the buildings Standard: Features such as entries, lobbies, and display windows shall be oriented to a street or pedestrian-oriented space; otherwise, screening or decorative features should be incorporated. The Taco Time building has it's outdoor dining area visible from the street and located between the main entrance from the street and the entrance from the parking lot. The retail building has windows wrapping the street fa,ade and the parking lot fa,ade. Standard: Multiple buildings on the same site shall direct views to building entries by providing a continuous network of pedestrian paths and open spaces that incorporate landscaping. The two buildings both have pedestrian paths to the public way and are connected by a crosswalk internally. The site is part of a larger shopping center and all three property lines connect to the larger parking areas of the shopping center. Standard: Ground floor residential units that are directly accessible from the street shall include entries from front yards to provide transition space from the street or entries from an open space such as a courtyard or garden that is accessible from the street. N/A Guidelines: Careful siting and design treatment shall be used to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. Standard: At least one of the following design elements shall be used to promote a transition to surrounding uses: 1) Building proportions, including step-backs on upper levels in accordance with the surrounding planned and existing land use forms; or 2) Building articulation to divide a larger architectural element into smaller increments; or 3) Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. Additionally, the Administrator of the Department of Community and Economic Development or designee may require increased setbacks at the side or rear of a building in order to reduce the bulk and scale of larger buildings and/or so that sunlight reaches adjacent and/or abutting yards. Both proposed building offer significantly more architecturally character then the gas station and retail box that surround us. The new buildings include articulation in plan, elevation, and roofs. Guidelines: Service elements shall be concentrated and located so that impacts to pedestrians and other abutting uses are minimized. The impacts of service elements shall be mitigated with landscaping and an enclosure with fencing that is made of quality materials. Standard: Service elements shall be located and designed to minimize the impacts on the pedestrian environment and adjacent and/or abutting uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use. We are proposing a shared, enclosed dumpster location at the back of the site furthest from pedestrian access. It is accessible by a main parking aisle. It has a landscape buffer around it to hide it from the neighboring property. Standard: In addition to standard enclosure requirements, garbage, recycling 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. Dumpster enclosure will be made of materials to match the buildings and include a shed roof structure to match the building architecture. Standard: Service enclosures shall be made of masonry, ornamental metal or wood, or some combination of the three (3). The enclosure will be masonry Standard: If the service area is adjacent to a street, pathway, or pedestrian-oriented space, a landscaped planting strip, minimum three feet (3') wide, shall be located on three (3) sides of such facility. It is not adjacent to any of these but still has a landscaping around it Guidelines: Development that occurs at gateways should be distinguished with features that visually indicate to both pedestrians and vehicular traffic the uniqueness and prominence of their locations in the City. Examples of these types of features include monuments, public art, and public plazas. Standard: Developments located at district gateways shall be marked with visually prominent features. N/A Standard: Gateway elements shall be oriented toward and scaled for both pedestrians and vehicles. N/A Standard: Visual prominence shall be distinguished by two (2) or more of the following: 1) Public art; 2) Special landscape treatment; 3) Open space/plaza; 4) Landmark building form; 5) Special paving, unique pedestrian scale lighting, or bollards; 6) Prominent architectural features (trellis, arbor, pergola, or gazebo); 7) Neighborhood or district entry identification (commercial signs do not qualify). N/A Guidelines: Surface parking shall be located and designed so as to reduce the visual impact of the parking area and associated vehicles. Large areas of surface parking shall also be designed to accommodate future infill development. Standard: Parking shall be located so that no surface parking is located between a building and the front property line, or the building and side property line, on the street side of a corner lot. The parking lot is shared between the two buildings. The lot is not on the street. Standard: Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. The lot is screened by the two buildings from the surrounding buildings and a landscape buffer screens it from the street. The parking at the backs of the buildings are adjacent to existing parking lots Guidelines: Parking garages shall not dominate the streetscape; they shall be designed to be complementary with adjacent and abutting buildings. They shall be sited to complement, not subordinate, pedestrian entries. Similar forms, materials, and/or details to the primary building(s) should be used to enhance garages. Standard: Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of seventy five percent (75%) of the building frontage width. N/A Standard: The entire facade must feature a pedestrian-oriented facade. The Administrator of the Department of Community and Economic Development may approve parking structures that do not feature a pedestrian orientation in limited circumstances. If allowed, the structure shall be set back at least six feet (6') from the sidewalk and feature substantial landscaping. This landscaping shall include a combination of evergreen and deciduous trees, shrubs, and ground cover. This setback shall be increased to ten feet (10') when abutting a primary arterial and/or minor arterial. N/A Standard: Public facing facades shall be articulated by arches, lintels, masonry trim, or other architectural elements and/or materials. N/A Standard: The entry to the parking garage shall be located away from the primary street, to either the side or rear of the building. N/A Standard: Parking garages at grade shall include screening or be enclosed from view with treatment such as walls, decorative grilles, trellis with landscaping, or a combination of treatments. N/A Standard: The Administrator of the Department of Community and Economic Development or designee may allow a reduced setback where the applicant can successfully demonstrate that the landscaped area and/or other design treatment meets the intent of these standards and guidelines. Possible treatments to reduce the setback include landscaping components plus one or more of the following integrated with the architectural design of the building: 1) Ornamental grillwork (other than vertical bars); 2) Decorative artwork; 3) Display windows; 4) Brick, tile, or stone; 5) Pre-cast decorative panels; 6) Vine-covered trellis; 7) Raised landscaping beds with decorative materials; or 8) Other treatments that meet the intent of this standard. N/A Guidelines: Vehicular access to parking garages and parking lots shall not impede or interrupt pedestrian mobility. The impacts of curb cuts to pedestrian access on sidewalks shall be minim.ized. Standard: Access to parking lots and garages shall be from alleys, when available. If not available, access shall occur at side streets. We are maintaining the one existing access from NE 4'". There is an existing shared access from the Gas Station property that we must maintain. We have simplified access to the parking lot from the shopping center main drive aisle on the north Standard: The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. The one existing driveway is being maintained. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Sidewalks and/or pathways shall be provided and shall provide safe access to buildings from parking areas. Providing pedestrian connections to abutting properties is an important aspect of connectivity and encourages pedestrian activity and shall be considered. Pathways shall be easily identifiable to pedestrians and drivers. Standard: A pedestrian circulation system of pathways that are clearly delineated and connect buildings, open space, and parking areas with the sidewalk system and abutting properties shall be provided. a. Pathways shall be located so that there are clear sight lines, to increase safety. b. Pathways shall be an all-weather or permeable 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. Both buildings have pathways from the street to the entrances. They will be concrete walks. There are no surrounding building sidewalks on adjacent sites to tie into. Standard: Pathways within parking areas shall be provided and differentiated by material or texture (i.e., raised walkway, stamped concrete, or pavers) from abutting paving materials. Permeable materials are encouraged. The pathways shall be perpendicular to the applicable building facade and no greater than one hundred fifty feet (150') apart. Pathways that cross asphalt drive aisles will be concrete Standard: Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: a. Sidewalks and pathways along the facades of mixed use and retail buildings one hundred (100) or more feet in width (measured along the facade) shall provide sidewalks at least twelve feet (12') in width. The pathway shall include an eight-foot (8') minimum unobstructed walking surface. b. Interior pathways shall be provided and shall vary in width to establish a hierarchy. The widths shall be based on the intended number of users; to be no smaller than five feet (5') and no greater than twelve feet (12'). Sidewalks will be between 5' and 6' at all locations which is plenty for the anticipated use. Standard: Mid-block connections between buildings shall be provided. N/A Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Amenities that encourage pedestrian use and enhance the pedestrian experience shall be included. Standard: Architectural elements that incorporate plants, particularly at building entrances, in publicly accessible spaces and at facades along streets, shall be provided. We have provided landscape buffers between the back of walks and the drive aisles and between the drive aisles and fronts of the buildings. Landscaping wraps the walks that lead to the front doors. The Taco Time building street fa~ade includes a large (lit at night) ornamental tree as part of the design. Standard: Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. a. Site furniture 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. b. Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. The Taco Time building has a cover outdoor dining area that includes a two sided fire place. Special attention has been paid to the selected outdoor furniture. Standard: Pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs shall be provided. These elements shall be a minimum of four and one-half feet (4- 1/2') wide along at least seventy five percent (75%) of the length of the building facade facing the street, a maximum height of fifteen feet (15') above the ground elevation, and no lower than eight feet (8') above ground level. The retail building has a canopy/trellis structure along more than 75% of its Fa~ade. The portion of the structure that is over landscaping will be a trellis while the portion over the entrances will be a canopy. The Taco Time building is the new prototype they have developed and it does not include a canopy element along 75% of it's street fa~ade. The elevation is only 33' wide. A canopy is used at the main entrance to highlight it and provide weather protection. The large store front window was provided to give passers by a view into the activity and excitement happening inside the restaurant. A canopy would distract from this goal. The lower section of the elevation is a wall of the restroom and does not have a window in it, however, this wall acts as a back drop to a large (lit at night) ornamental tree. The current elevation design meets the intent to have an architecturally engaging fa~ade that provides weather protection as entrances and allows pedestrians to view what is happening inside the building. Guidelines: Developments located at street intersections should provide pedestrian-oriented space at the street corner to emphasize pedestrian activity (illustration below). Recreation and common open space areas are integral aspects of quality development that encourage pedestrians and users. These areas shall be provided in an amount that is adequate to be functional and usable; they shall also be landscaped and located so that they are appealing to users and pedestrians. Standard: All mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide common opens space and/or recreation areas. N/A Standard: Amount of common space or recreation area to be provided: at minimum fifty {50) square feet per unit. N/A Standard: The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Administrator of the Department of Community and Economic Development or designee. N/A Standard: At least one of the following shall be provided in each open space and/or recreation area (the Administrator of the Department of Community and Economic Development or designee may require more than one of the following elements for developments having more than one hundred (100) units): 1) Courtyards, plazas, or multi-purpose open spaces; 2) Upper level common decks, patios, terraces, or roof gardens/pea-patches. Such spaces above the street level must feature views or amenities that are unique to the site and are provided as an asset to the development; 3) Pedestrian corridors dedicated to passive recreation and separate from the public street system; 4) Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or 5) Children's play spaces that are centrally located near a majority of dwelling units and visible from surrounding units. They shall also be located away from hazardous areas such as garbage dumpsters, drainage facilities, and parking areas. N/A Standard: The following shall not be counted toward the common open space or recreation area requirement: 1) Required landscaping, driveways, parking, or other vehicular use areas; 2) Required yard setback areas. Except for areas that are developed as private or semi-private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development; 3) Private decks, balconies, and private ground floor open space; and 4) Other required landscaping and sensitive area buffers without common access links, such as pedestrian trails. N/A Standard: All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian-oriented space. N/A Standard: All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian-oriented space. N/A Standard: The pedestrian-oriented space for buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses shall include all of the following: 1) Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a nonvehicular courtyard; and 2) Paved walking surfaces of either concrete or approved unit paving; and 3) On-site or building-mounted lighting providing at least four (4) foot-candles (average) on the ground; and 4) At least three (3) lineal feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space. N/A Standard: The following areas shall not count as pedestrian-oriented space for buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses: 1) The minimum required walkway. However, where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian-oriented space if the Administrator of the Department of Community and Economic Development or designee determines such space meets the definition of pedestrian-oriented space. 2) Areas that abut landscaped parking lots, chain link fences, blank walls, and/or dumpsters or service areas. N/A Standard: Outdoor storage (shopping carts, potting soil bags, firewood, etc.) is prohibited within pedestrian-oriented space. N/A Standard: At each corner of the intersections listed below, a public plaza shall be provided: 1) Benson Area: Benson Drive S./108th Avenue S.E. and S.E.1761h. 2) Bronson Area: Intersections with Bronson Way North at: a) Factory Avenue N./Houser Way S.; b) Garden Avenue N.; and c) Park Avenue N. and N. First Street. 3) Cascade Area: Intersection of 116th Avenue S.E. and S.E. 168th Street. 4) Northeast Fourth Area: Intersections with N.E. Fourth at: a) Duvall Avenue N.E.; b) Monroe Avenue N.E.; and c) Union Avenue N.E. 5) Grady Area: Intersections with Grady Way at: a) Lind Avenue S.W.; b) Rainier Avenue S.; c) Shattuck Avenue S.; and d) Talbot Road S. 6) Puget Area: Intersection of S. Puget Drive and Benson Road S. 7) Rainier Avenue Area: Intersections with Rainier Avenue S. at: a) Airport Way/Renton Avenue S.; b) S. Third Street/S.W. Sunset Boulevard; c) S. Fourth Street; and d) S. Seventh Street. 8) North Renton Area: Intersections with Park Avenue N. at: a) N. Fourth Street; and b) N. Fifth Street. 9) Northeast Sunset Area: Intersections with N.E. Sunset Boulevard at: a) Duvall Avenue N.E.; and b) Union Avenue N.E. N/A Standard: The public plaza shall measure no less than one thousand (1,000) square feet with a minimum dimension of twenty feet (20') on one side abutting the sidewalk. N/A Standard: The public plaza must be landscaped consistent with RMC 4-4-070 including at minimum street trees, decorative paving, pedestrian-scaled lighting, and seating. N/A Guidelines: Building facades shall be modulated and/or articulated to reduce the apparent size of buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. Standard: All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). The Taco Time building meets all requirements for articulation and modulation The Retail Building has articulation and modulation on the street fa,ade and parking lot fa,ade. The west elevation is covered by a 10' landscape buffer and the north elevation abuts the large shopping center parking lot, both of these elevations have articulation in the siding materials. Standard: Modulations shall be a minimum of two feet (2') deep, sixteen feet (16') in height, and eight feet (8') in width. Both buildings meet this requirement for modulation Standard: Buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade (illustration in District B, below); or provide an additional special feature such as a clock tower, courtyard, fountain, or public gathering area. N/A Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood siding is encouraged. The primary building entrance should be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting {illustration below). Detail features should also be used, to include things such as decorative entry paving, street furniture {benches, etc.), and/or public art. Standard: Human-scaled elements such as a lighting fixture, trellis, or other landscape feature shall be provided along the facade's ground floor. Both buildings have canopy elements and light fixtures to provide human scale. Standard: On any facade visible to the public, transparent windows and/or doors are required to comprise at least fifty percent {50%) of the portion of the ground floor facade that is between four feet {4') and eight feet (8') above ground (as measured on the true elevation). The retail building meets this requirement. The Taco Time building is closer to 40% horizontally, but the windows that are facing the street are very large overall to allow the public to see the interior activity and design. Because a portion of the front elevation is the restroom, additional glazing is not feasible. A larger ornamental tree was added as part of the design to provide visual interest and human scale. Standard: Upper portions of building facades shall 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 fifty percent (50%). The corner of the Retail building has some clear story windows and the Taco Time building has clear story windows above the outdoor dining area. Standard: Display windows shall be designed for frequent change of merchandise, rather than permanent displays. N/A Standard: Where windows or storefronts occur, they must principally contain clear glazing. All glazing is intended to be clear. Standard: Tinted and dark glass, highly reflective (mirror-type) glass and film are prohibited. Confirmed Standard: Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited. 1) 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 (6') in height, has a horizontal length greater than fifteen feet (15'), and does not include a window, door, building modulation or other architectural detailing; or b) Any portion of a ground floor wall has a surface area of four hundred (400) square feet or greater and does not include a window, door, building modulation or other architectural detailing. We have no blank walls per this definition Standard: If blank walls are required or unavoidable, they shall be treated. The treatment shall be proportional to the wall and use one or more of the following: 1) A planting bed at least five feet (5') in width containing trees, shrubs, evergreen ground cover, or vines abutting the blank wall; 2) Trellis or other vine supports with evergreen climbing vines; 3) Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; Artwork, such as bas-relief sculpture, mural, or similar; or Seating area with special paving and seasonal planting. Guidelines: Building roof lines shall be varied and include architectural elements to add visual interest to the building. Standard: At least one of the following elements shall be used to create varied and interesting roof profiles: 1) Extended parapets; 2) Feature elements projecting above parapets; 3) Projected cornices; and/or 4) Pitched or sloped roofs. 5) Roof mounted mechanical equipment shall not be visible to pedestrians 6) Buildings containing predominantly residential uses shall have pitched roofs with a minimum slope of one to four (1:4) and shall have dormers or interesting roof forms that break up the massiveness of an uninterrupted sloping roof. Both buildings have varied roof elements including shed roofs, parapets, and projected cornices. Roof top equipment is hidden by roof elements and is painted to match building colors. Guidelines: Building materials are an important and integral part of the architectural design of a building that is attractive and of high quality. Material variation shall be used to create visual appeal and eliminate monotony of facades. This shall occur on all facades in a consistent manner. High quality materials shall be used. If materials like concrete or block walls are used they shall be enhanced to create variation and enhance their visual appeal. Standard: All sides of buildings visible from a street, pathway, parking area, or open space shall be finished with the same building materials, detailing, and color scheme. A different treatment may be used if the materials are of the same quality. All elevations of both buildings use a minimum of two materials. Taco Time has lap siding(varying exposure), panel siding and a stone veneer. The color pallet will include greens, browns, and burnt orange. The retail building will have stone veneer, lap siding and metal siding. The color pallet will include oranges and browns. The two buildings will have a complimentary color scheme. Standard: All buildings shall use material variations such as colors, brick or metal banding, patterns or textural changes. All elevations of both buildings use a minimum of two materials. Taco Time has lap siding(varying exposure), panel siding and a stone veneer. The color pallet will include greens, browns, and burnt orange. The retail building will have stone veneer, lap siding and metal siding. The color pallet will include oranges and browns. The two buildings will have a complimentary color scheme. Standard: Materials shall be durable, high quality, and consistent with more traditional urban development, such as brick, integrally colored concrete masonry, pre-finished metal, stone, steel, glass and cast-in-place concrete. Proposed materials include, fiber cement lap siding, fiber cement paneling, stone veneer, standing seam metal roof, pre-finished metal siding, and steel Standard: If concrete is used, walls shall be enhanced by techniques such as texturing, reveals, and/or coloring with a concrete coating or admixture. N/A Standard: If concrete block walls are used, they shall be enhanced with integral color, textured blocks and colored mortar, decorative bond pattern and/or shall incorporate other masonry materials. N/A Standard: All buildings shall use material variations such as colors, brick or metal banding, patterns, or textural changes. All elevations of both buildings use a minimum of two materials. Taco Time has lap siding(varying exposure), panel siding and a stone veneer. The color pallet will include greens, browns, and burnt orange. The retail building will have stone veneer, lap siding and metal siding. The color pallet will include oranges and browns. The two buildings will have a complimentary color scheme. Guidelines: Front-lit, ground-mounted monument signs are the preferred type of freestanding sign. Blade type signs, proportional to the building facade on which they are mounted, are encouraged on pedestrian-oriented streets. Alteration of trademarks notwithstanding, corporate signage should not be garish in color nor overly lit, although creative design, strong accent colors, and interesting surface materials and lighting techniques are encouraged. Standard: Signage shall be an integral part of the design approach to the building. Both buildings have been designed to include a particular area for signage both facing the street and the parking lot. Standard: Entry signs shall be limited to the name of the larger development. We are planning for a monument sign for each parcel once we move forward with a short plat in the future. Standard: Corporate logos and signs shall be sized appropriately for their location. Yes, proportional to the elevation Standard: In mixed use and multi-use buildings, signage shall be coordinated with the overall building design. Sign locations have been provided on both buildings. Standard: Freestanding ground-related monument signs, with the exception of primary entry signs, shall be limited to five feet (S') 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 Administrator of the Department of Community and Economic Development or designee. We are planning for a monument sign for each parcel once we move forward with a short plat in the future. Standard: All of the following are prohibited: 1) Pole signs; 2) Roof signs; and 3) 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. We will be removing the existing pole sign Guidelines: Lighting that improves pedestrian safety and also that creates visual interest in the building and site during the evening hours shall be provided. Standard: Pedestrian-scale lighting shall be provided at primary and secondary building entrances. Examples include sconces on building facades, awnings with down-lighting and decorative street lighting. We have planned for wall scones and down lighting at the entrances. Standard: Accent lighting shall also be provided on building facades (such as sconces) and/or to illuminate other key elements of the site such as gateways, specimen trees, other significant landscaping, water features, and/or artwork. Both buildings will have small up lights at the high side of the shed roof elements. The ornamental tree at the front fa<;ade will be lit. Standard: Downlighting 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 (i.e., sign age. governmental flags, temporary holiday or decorative lighting, right-of-way-lighting. etc.). Parking lot lighting will be per code LIMITED LIABILITY COMPANY AGREEMENT OF BELLEVUE TT LLC a Washington Limited Liability Company This Limited Liability Company Agreement of Bellevue TT LLC is made and entered into effective as of January 19, 2006, by the undersigned members of the Company (the "Members") pursuant to the provisions of the Washington Limited Liability Company Act (the "Act"). 1. Certificate of Formation. A Certificate of Formation was filed on January 19, 2006, the date on which the term of the Company began. 2. Name. The name of the Company is "Bellevue TT LLC". 3. Purpose. The purpose and business of the Company shall be to carry on any lawful business or activity which may be conducted by a limited liability company organized under the Act. 4. Principal Place of Business. The principal place of business of the Company shall be 3300 Maple Valley Highway, Renton, WA 98058. The Members may relocate the principal place of business or establish additional offices from time to time. 5. Registered Office and Registered Agent. The Company's initial registered agent and the address of its initial registered office are as follows: CorpServe, Inc. Address 1001 Fourth Avenue Suite 4500 Seattle, WA 98154-1192 The registered office and registered agent may be changed by the Members from time to time by filing a statement of change as required by the Act. 6. Members. 6.1 Members. The names and addresses of the Members are as set forth on the attached Schedule 1, as amended from time to time. 6.2 Members' Meetings. A meeting of the Members may be called by any Member, by written notice specifying the date, place and time of such meeting. Such written notice shall be delivered not less than seven (7) days before the meeting, personally, by facsimile or mail. If mailed such notice shall be deemed to be delivered three business days after being deposited in the U.S. Mail, postage prepaid, addressed to the Members as specified on Schedule 1. 4B52-5754-5222.01 061110/62460.00021 6.3 Conduct of Meetings. Any Member may act as chair at any meeting of the Members. In any vote of Members, each Member shall be entitled to cast one vote for each Unit held by such Member. A Member not present may vote by proxy executed in writing and filed with the other Members before or at the time of the meeting. Members holding a majority of the Units shall constitute a quorum. Members may participate by conference telephone or similar equipment by means of which all Members participating can hear and be heard. When any notice is required to be given, a waiver signed by the Member entitled to such notice shall be equivalent to the giving of such notice. 6.4 Action by Members. If a quorum is present, the affirmative vote of Members holding a majority of the Units shall be the act of the Members. Any action requiring Member consent may be taken without a meeting if one or more written consents describing such action are executed by all Members. 7. Management. 7.1 Management by Members. The overall management and control of the business and affairs of the Company shall be vested in the Members, jointly and the decision of a majority interest of the Members shall be the decision of the Company. A majority interest shall be determined on the basis of ownership percentage, with each percentage point being entitled to one vote non-cumulative vote cast at a meeting duly called for such purpose. All decisions or actions so made or undertaken shall be binding on the Company and on each Member. Certain routine and ministerial decisions may be made by an Executive Committee of the Members, if the Members so choose to constitute such a Committee by a vote of a majority interest. All decisions of the Executive Committee so made or undertaken shall be binding on the Company and on each Member. 7 .2 Expenses. The Company shall pay all of its expenses of operation and shall reimburse any Member for reasonable out-of-pocket expenses incurred on behalf of the Company including all expenses incurred in the organization of the Company. 8. Financial Matters. 8.1 Capital Contribution. Contemporaneous with the formation of the Company, the Members made the capital contributions to the Company as set forth on Schedule 1. The Members are not required to make any additional capital contributions to the Company. 8.2 Capital Accounts. A separate capital account will be maintained for each Member throughout the term of the Company in accordance with Internal Revenue Code Section 704(b) and the regulations promulgated thereunder. In the event that interests in the Company are transferred in accordance with the terms of this Agreement the transferee shall succeed to the capital account of the transferor to the extent it relates to the transferred interests. 4852•5754-•5222.01 061110/62460.00021 2 8.3 Allocations. Any net profit or net loss shall be allocated to the Members pro rata in accordance with their percentage ownership. 8.4 Distributions. Distributions shall be pro rata, in accordance with the Members' ownership percentages, and shall be made at such time and in such amount as determined by the Members. 8.5 No Priority. No Member shall have priority over any other Member, either as to the return of capital or as to allocations of profits. losses or distributions. 8.6 Tax Matters Member. Mathew E. Tonkin shall be the "tax matters partner" of the Company under Internal Revenue Code Section 6231 (a)(7). 9. Dissolution and Liquidation. 9.1 In General. The Company shall dissolve upon any event or act causing dissolution of the Company pursuant to the Act. Upon the dissolution of the Company, the Members shall wind up the affairs of the Company. A full account of the assets and liabilities of the Company shall be taken. The assets shall be promptly liquidated and the proceeds thereof applied as required by the Act. Upon discharging all debts and liabilities, all remaining assets shall be distributed to the Members in accordance with their positive capital account balances. 9.2 No Restoration Obligation. If a Member has a negative capital account balance upon liquidation (after giving effect to all contributions, distributions, allocations and other capital account adjustments) such Member shall have no obligation to make any capital contribution to the Company and the negative balance shall not be considered a debt owed by such Member to the Company or to any person for any purpose whatsoever. 10. Limitation of Liability: Indemnification. The Members' liability shall be limited as provided by the Act. The Company shall indemnify the Members to the fullest extent provided by the Act. 11. Transferability. 11.1 No Member shall have a right to sell, assign, transfer, exchange or otherwise transfer for consideration, or gift, bequeath or other transfer for no consideration whether or not by operation of law, all or any part of its membership interest, without the written consent of a\l of the other Members. 11.2 Financial Arrangements. No new Members shall be entitled to any retroactive allocation of losses, income or expense deductions incurred by the Company. The Members may, at the time a Member is admitted, close the Company books or make pro rata allocations of loss, income and expense to the new Members for that portion of the Company's tax year in which a Member was admitted. 4852-5754-5222 01 061110/62460.00021 3 12. Miscellaneous. 12.1 Waivers. The failure of any person to seek redress for a violation of or to insist upon the strict performance of any covenant or condition of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. 12.2 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 12.3 Heirs. Successors and Assigns. Each and all of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and, to the ex1ent permitted by this Agreement, their respective heirs, legal representatives, successors and assigns. 12.4 Creditors. None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditors of the Company. 12.5 Legal Representation. The parties acknowledge that Riddell Williams, P .S. served as counsel only to Bellevue TT LLC in the preparation of this Agreement and that each individual party was advised to obtain and given the opportunity to obtain independent counsel of his or her own choosing or has knowingly waived such right. Executed as of the date first above written by the undersigned. MEMBERS: Mathew E. Tonkin 4852-5754-5222 01 061110162460.00021 4 Name and Address Mathew E. Tonkin 3300 Maple Valley Highway Renton, WA 98058 Gayle Tonkin 3300 Maple Valley Highway Renton, WA 98058 TOTAL 4852-5754-5222.01 0611 i0/62460.00021 SCHEDULE 1 BELLEVUE TT LLC MEMBER INFORMATION Capital Contribution Number Percentage of Units Interest 1,000 50% 1,000 50% ---- 2,000 100% CONSENT OF THE MEMBERS OF BELLEVUE TT LLC The undersigned members of Bellevue TI LLC, a Washington limited liability company (the "Company"), acting pursuant to RCW 25.15 and the Company's Operating Agreement do hereby consent to the adoption of the following resolutions: RESOLVED, that Article V of the Certificate of Formation of the Company is amended to read as follows: The management of the LLC shall be vested in one or more managers. FURTHER RESOLVED, that Section 7.1 of the Company's Operating Agreement is amended as follows: The overall management and control of the business and affairs of the Company shall be vested in one or more managers. FURTHER RESOLVED, that Mathew E. Tonkin and Chris Tonkin are elected to serve as managers of the Company until removed or until their death, incapacity, dissolution, bankruptcy, or notification of a desire to resign as a manager. Date signed: 6-.e....~)l{...,..,_-L.,/(.._ __ _ Date signed: ----'~<-i~/._;;sz.-_,.y_;/C-'l-'-1 __ _ 4845-7366-2218.01 080211/62460.00021 ,~ a4 ' 1. ,,, :,(,ru'k athew E. Tonkin, Member 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 (SEPA), 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 non-project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non-project 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 Taco Time Renton Highlands -Environmental Checklist A. BACKGROUND 1. Name of proposed project, if applicable: Taco Time -Renton Highlands 2. Name of applicant: BCRA, Inc. 3. Address and phone number of applicant and contact person: 2106 Pacific Ave, Suite 300 Tacoma, WA 98402 4. Date checklist prepared: December 9, 2013 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): Work will begin as soon as building and site development permits are in hand. Demolition of existing building -06/01/2014; Clear and grade of the site - 07 /01/2014; Construction to begin -07/01/2014 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No future additions, expansions or further activity are planned as part of this proposal. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Boundary and Topographical Survey; prepared by Lanktree Land Surveying, July 29, 2012 Geotechnical Engineering Study; prepared by Geotech Consultants, Inc., November 11,2013 Traffic Impact Analysis; Stormwater Technical Information Report; to be prepared by BCRA 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No other applications for governmental approval are pending or planned that we are aware of. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Typical building and site development permits as required by the City of Renton. -2 -1211212013 Taco Time -Rentcn Highlands -SEPA Checklist 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The existing site is currently developed with a building of approximately 2,818 square feet and the site has been improved with paving, landscaping, and utilities. The parcel is approximately 215' x 164' or 0.77 acres. The proposed improvements will consist of demolition of the existing commercial building (Taco Time), construction of a new commercial building (Taco Time) on the eastern half of the site, construction of a second commercial building on the western half of the site. Parking and utilities will also be modified as part of the proposed improvements. 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. Property Address: 4114 NE 4th St., Renton, WA 98059 Parcel#:1023059132 Legal Description: Lot 2 of City of Renton Lot Line Adjustment 007-82, Recorded under Recording No. 8207079005 B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other ______ , The ground surface in the vicinity of the site is relatively flat. The ground surface on the west side of the site slopes gently down toward the south, and the ground surface on the east side of the site slopes gently down toward the southeast. There are no steep slopes on or near the property. However, a low-lying drainage is located southeast of the site on the south side of Northeast 4th Street. b. What is the steepest slope on the site (approximate percent slope?) The site is relatively flat. The ground surface on the west side of the site slopes gently down toward the south, and the ground surface on the east site of the site slopes gently down toward the southeast. There are no steep slopes on the property. The site slope 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. Below the surficial asphalt, the test borings generally encountered fill material overlying native soil that consisted of silty sand with gravel to sand with gravel. The fill material was composed of silty sand with gravel and the -3-12/12/2013 Taco Time -Rentor High:ar.ds -SEPA ChecJ.;list majority of the fill was medium dense, although some zones of the fill were loose and others were dense. The underlying native soil was dense to very dense within a few feet of the original ground surface. Some of the test borings encountered as much as a foot of loose buried topsoil material between the fill material and the underlying native soil. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. According to City of Renton mapping the site is located within an area moderate landslide hazard. However, the geotechnical engineer has indicated the site soils are not susceptible to seismic liquefaction because of their dense nature. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Approximate 1,000 CY of cut and 1,000CY of firt is proposed for the grading of the project. The grading will be done to establish final grades of the site. The intent of the project is to balance the site for grading activities. It may be necessary to have some import and/or export depending on site soil conditions during construction. If fill is necessary it will be utilized from onsite or from a local source. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. There is a potential of erosion as a direct result of clearing or construction activities on the subject site. Temporary erosion control measures will be implemented during construction to minimize potential erosion and to control sedimentation. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 95% of the site is currently covered with impervious surfaces. It is anticipated the redeveloped site will be approximately 95% covered with impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. AIR Erosion control system will be installed prior to construction. Silt fencing surrounding the site, inlet protection and proper site management will collect and filter all surface water runoff. 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. Some emissions during construction are anticipated as a direct result of the construction workers use of personal, company and/or subcontractor vehicles to and from the site. Once the building is occupied, delivery trucks, employees . 4. 12/1212013 Taco Time -Renton Highlands -SEPA Checklist and customer automobile exhaust as is typical for an fast-food business, along with emissions from the source of heating equipment from the building will be the main source of emissions. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. Off-site sources of emissions will be the similar uses on the adjacent properties and they are not anticipated to affect this proposal. c. Proposed measures to reduce or control emissions or other impacts to air, if any: None needed. 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. Maplewood Creek is located directly across NE 4th Street, approximately 100 feet, from the project site. According to City of Renton mapping, this creek is a Class 4 stream. 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. The proposed improvements for the project site will be adjacent (within 200 feet) to the creek. There will be pavement cuts along the NE 4th Street roadway for proposed utility trenching and installation. All major construction activities will be conducted within the project site. 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. No fill or dredge material is anticipated to be placed or removed from surface water or wetlands. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. The proposal will not require surface water withdrawals or diversions. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. According to City of Renton mapping the project site does not lie within a 100- year flood plain. -5. 1211212013 Taco Time-Renton Highlands-SEPA Check,ist 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. The proposed project does not involve discharges of waste materials into surface waters. 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 ground water withdrawals will be required as a direct result of the proposed project. No water will be discharged to ground water as a direct result of the proposed project. 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. The subject property will be served by public sanitary and storm sewers. It is anticipated that no waste materials will enter the ground from the subject site. 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. The source of runoff will be storm water runoff from building rooftops, concrete walks and asphalt pavement areas. Runoff from the project will be collected by roof downspouts and catch basins and then conveyed by underground storm pipe to an underground detention and water quality treatment system prior to discharging ultimately to the storm water system located in NE 4th Street. 2) Could waste material enter ground or surface waters? If so, generally describe. It is unlikely waste material could enter ground or surface waters. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: During the construction phase, temporary erosion control measures, ongoing maintenance, soil stabilization and other best management practices will be implemented to help reduce and control impacts from the project. Permanent measures to reduce and control runoff from the completed project will include catch basins, underground conveyance pipe, underground detention facilities and water quality treatment as determined necessary. 4. PLANTS a. Check or circle types of vegetation found on the site: -6. 12/12/2013 Taco Time -Rentor High!ards -SEPA Checklist _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? The project site is currently improved and the existing shrubs, grass and small maples 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: Landscaping within buffers and parking will be designed and installed in accordance with all applicable City of Renton regulations. New plantings will emphasize native species selected for water and winter hardiness, appropriate for the Northwest climate growing zone. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: birds typical of urban environments such as jays, crows, sparrows, etc. are likely to be seen on or near the site. Mammals: deer, bear, elk, beaver, other: small mammals typical of urban environments such as rodents/squirrels, raccoons are likely to be seen on or near the site. Fish: bass, salmon, trout, herring, shellfish, other: Maplewood creek is located directly across NE 4th Street from the project site. However, no known documentation exists determining if it is a fish bearing creek. 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 The City of Renton is within the Pacific Flyway for migratory birds. Migrating species of geese and ducks can be found in lakes, ponds, wetlands and waterways of the area. However, key rest stops are not known to be located within the site. d. Proposed measures to preserve or enhance wildlife, if any: None proposed. .7. 12112/2013 Taco Time -Renton Highlands -SEPA Checklist 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 -Power and lighting Gas -Heating b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. The proposed project will not adversely affect the potential use of solar energy by the adjacent properties as the proposed buildings will be single story. 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: Washington State energy code requirements will be met when designing the building shell, lighting, heating, and ventilation equipment. 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 proposed work on the property is anticipated to create any new environmental health hazards. 1) Describe special emergency services that might be required. None anticipated. 2) Proposed measures to reduce or control environmental health hazards, if any: None anticipated. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Noise from surrounding roads, businesses 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 noise would result from construction activities. Long-term noises associated with the proposed project will include those typically generated by small retail and fast food and will be generated during typical daytime hours of operation. 3) Proposed measures to reduce or control noise impacts, if any: -8-12/12/2013 Taco Time-Renton Highlands -SEPA Checklist None needed. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is currently being used for a fast food restaurant. The property is located within a commercial zone and the majority of the adjacent properties are commercial/retail in nature with b. Has the site been used for agriculture? If so, describe. Not Applicable c. Describe any structures on the site. The site includes an existing single story masonry building of approximately 2,818 square feet. d. Will any structures be demolished? If so, what? The existing structure will be demolished. e. What is the current zoning classification ofthe site? According to City of Renton mapping, the site is currently zoned CA, Commercial Arterial. f. What is the current comprehensive plan designation of the site? According to City of Renton mapping, the current comprehensive plan designation for the project site is CC, Commercial Corridor. g. If applicable, what is the current shoreline master program designation of the site? Not Applicable h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. There are no environmentally sensitive areas on the site. i. Approximately how many people would reside or work in the completed project? The Taco Time will employee about 27 people. The new retail building may employee 10 -20 employees depending on the tenants. j. Approximately how many people would the completed project displace? None. The completed project will add approximately 20 new jobs. Employees displaced during construction will be employed at other Taco Time locations. k. Proposed measures to avoid or reduce displacement impacts, if any: • 9 • 1211212013 Taco Time -Renton Highlands -SEPA Checklist During construction, displaced Taco Time employees will have the opportunity to relocate to other Taco Time locations. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project will be designed and constructed pursuant to City of Renton Zoning code requirements. The buildings will conform to applicable height and coverage requirements. Landscaping and buffers will be provided per City requirements. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not Applicable b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not Applicable c. Proposed measures to reduce or control housing impacts, if any: Not Applicable 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. The building height allowed by City of Renton Zoning code is SO feet. The maximum height of the buildings will be 25 feet. Proposed exterior buildings materials will include fiber cement lap siding, fiber cement paneling, stacked stone veneer, steel channel canopies, and standing seam metal roof. b. What views in the immediate vicinity would be altered or obstructed? No views in the vicinity will be altered or obstructed. c. Proposed measures to reduce or control aesthetic impacts, if any: Building materials will be of high quality and in keeping with the appearance of similar building types in the area. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Typical low-level parking lot lighting will be directed downward and away from adjacent uses. Light from vehicle headlights as cars navigate the parking area will be emitted from the site during evening and early morning business hours. -10 -12/1212013 Taco Time-Renton H1gh!ands-SEPA Checkl:st b. Could light or glare from the finished project be a safety hazard or interfere with views? It is not anticipated that the glare resulting from the proposed project will create a safety hazard or interfere with views. c. What existing off-site sources of light or glare may affect your proposal? Existing off-site sources of light are not expected to affect this proposal. d. Proposed measures to reduce or control light and glare impacts, if any: None needed. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? The property is located less than % mile from Heritage Park and approximately y, mile from Kiwanis Park and Honeydew Elementary School that includes athletic fields and approximately% mile from Hazen High School that includes a running track and athletic fields. b. Would the proposed project displace any existing recreational uses? If so, describe. No existing recreational uses occur on the site. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Not Applicable 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 needed. 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. -11 • 1211212013 Taco Time -Renton Highlands -SEPA Checklist The project site is served by NE 4th Street an Union Ave NE. The main access to the site will be from NE 4th with secondary access from Union Ave NE. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? There is an existin!\ stop located on the east side of Union Ave near the intersection of NE 4 h St. This stop provides access to Metro Route 105 and 114 which connects riders to the Renton Transit Center. There is an existing stop on the south side of NE 4'h St., across from the project site that connects riders to Seattle. c. How many parking spaces would the completed project have? How many would the project eliminate? The completed project will contain 27 parking spaces. The existing condition contains 34 parking spaces, thus eliminating 7 parking spaces in the proposed condition. 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 new roads or streets will be required. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. The proposed project does not require the use of, nor will it occur in the immediate vicinity of water, rail or air transportation. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. For the new Taco Time assuming only 232 square feet larger than existing 45.42 trips per 1000 sf AM peak -45.42/1000=.045 x 232 sf= 10.5 AM Peak Trips x 49% pass by= 5.16 trips 32.65 trips per 1000 sf PM peak 32.65/1000=.033 x 232 sf= 7.57 PM Peak Trips x 50% pass by= 3. 78 trips For the new Retail building This is based on average rates for ITE Land Use 820 (Shopping Center) Daily trips = 150 AM Peak Hour= 4 (2 in/2 out) PM Peak Hour = 13 (6in/7out) g. Proposed measures to reduce or control transportation impacts, if any: None proposed, the existing roadways are fully developed. 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. -12 -12/1212013 Taco Time-Renton Highlands -SEPA Checklist The buildings will be provided with automatic sprinkler systems and built in fire alarm. Since the property is currently improved and an increase in fire protection services is not anticipated with the exception of inspections of the systems. There is no anticipated expectation for required services of police, health care services or schools. b. Proposed measures to reduce or control direct impacts on public services, if any. Alarm systems will be licensed as required but no other measures are proposed. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. 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. The proposed buildings will require all common utilities currently provided at the subject site. Electricity -Puget Sound Energy Natural Gas -Puget Sound Energy Refuse Service -Waste Management Northwest thru City of Renton Telephone -Qwest Cable -Comcast Water Utility -City of Renton Wastewater Utility-City of Renton Surface Utility-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 i in rella ce upon thi checklist should there be any willful misrepresentati n o ack off I dis n my part. Proponent Signature: Name Printed: Date: Kathryn Jerkovich January 20, 2014 -13 • Taco Time-Renton Highlands-SEPA Checklist 12/1212013 GEOTECI-1. CONSULTANTS. INC. Taco Time Northwest 3300 Maple Valley Highway Renton, Washington 98058 Attention: Chris Tonkin l 3256 Northeast 20th Stree1, Sui Le 16 Bellevue, Washington 98005 (425) 747-5618 FAX (425) 747-8561 November 11, 2013 JN 13419 via email: Chris@TacoTimeNW.com Subject: Transmittal Letter -Geotechnical Engineering Study Proposed Taco Time Restaurant and Second Retail Building 4114 Northeast 4th Street Renton, Washington Dear Mr. Tonkin: We are pleased to present this geotechnical engineering report for the proposed Taco Time Restaurant and a second retail building pad to be constructed in Renton. The scope of our services consisted of exploring site surface and subsurface conditions, and then developing this report to provide recommendations for general earthwork and design criteria for foundations, retaining walls, and pavements. This work was authorized by your acceptance of our proposal, P- 8694, dated July 29, 2013. The attached report contains a discussion of the study and our recommendations. Please contact us if there are any questions regarding this report, or for further assistance during the design and construction phases of this project. cc: BCRA-Mat Bergman via email: MBergman@bcradesign.com TRC/MRM: jyb Respectfully submitted, GEOTECH CONSULTANTS, INC. Thor Christensen, P.E. Senior Engineer GEOTECHNICAL ENGINEERING STUDY Proposed Taco Time Restaurant and Second Retail Building 4114 Northeast 4th Street Renton, Washington This report presents the findings and recommendations of our geotechnical engineering study for the site of the proposed restaurant and retail building to be located in Renton. We have been provided with an undated site plan that shows the planned location of a new Taco Time restaurant and a retail building. Based on this plan, we understand that the new restaurant will be located in the eastern portion of the site and a retail building will be located in the western portion of the site. Most of the remainder of the site will be covered with pavement. We anticipate that both structures will have a single story and that the floor elevations of the buildings will be close to the existing site grades. The existing Taco Time restaurant in the center of the property will be removed. If the scope of the project changes from what we have described above, we should be provided with revised plans in order to determine if modifications to the recommendations and conclusions of this report are warranted. SITE CONDITIONS SURFACE The Vicinity Map, Plate 1, illustrates the general location of the subject property. The site is bordered to the south by Northeast 4th Street, to the west by a gas station, to the east by an auto parts store, and to the north by a shopping center parking lot. A single-story restaurant is located in the central portion of the site. Portions of the building walls are constructed of brick. We did not observe cracking of the brick, and are not aware of settlement-related distress to the building. Most of the remainder of the site is covered with asphalt pavement, with some landscaping areas along portions of the site perimeter. The ground surface in the vicinity of the site is relatively flat. The ground surface on the west side of the site slopes gently down toward the south, and the ground surface on the east side of the site slopes gently down toward the southeast. There are no steep slopes on, or near, the property. However, a low-lying drainage is located southeast of the site, on the south side of Northeast 4th Street. SUBSURFACE The subsurface conditions were explored by drilling eight test borings at the approximate locations shown on the Site Exploration Plan, Plate 2. Our exploration program was based on the proposed construction, anticipated subsurface conditions and those encountered during exploration, and the scope of work outlined in our proposal. The borings were drilled on November 6, 2013 using a trailer-mounted, hollow-stem auger drill. Samples were taken at 2.5-and 5-foot intervals with a standard penetration sampler. This split- ncr.Tcru rn!\IC'l 11 TI\/\ITC It-If"' Taco Time Northwest November 11, 2013 JN13419 Page 2 spoon sampler, which has a 2-inch outside diameter, is driven into the soil with a 140-pound hammer falling 30 inches. The number of blows required to advance the sampler a given distance is an indication of the soil density or consistency. A geotechnical engineer from our staff observed the drilling process, logged the test borings, and obtained representative samples of the soil encountered. The Test Boring Logs are attached as Plates 3 through 10. Soil Conditions Below the surficial asphalt, our test borings generally encountered fill material overlying native soil that consisted of silty sand with gravel to sand with gravel. The fill material was composed of silty sand with gravel, and the majority of the fill was medium dense, although some zones of the fill were loose and others were dense. The underlying native soil was dense to very dense within a few feet of the original ground surface. Some of the test borings encountered as much as a foot of loose buried topsoil material between the fill material and the underlying native soil. Although our explorations did not encounter cobbles or boulders, they are often found in soils that have been deposited by glaciers or fast-moving water. Groundwater Conditions Perched groundwater seepage was encountered at a depth of 0.5 feet in test boring B-1. No groundwater seepage was observed in the other test borings, which were left open for only a short time period. Therefore, the absence of seepage levels on the logs may not indicate the absence of static groundwater level. It should be noted that groundwater levels vary seasonally with rainfall and other factors. The stratification lines on the logs represent the approximate boundaries between soil types at the exploration locations. The actual transition between soil types may be gradual, and subsurface conditions can vary between exploration locations. The logs provide specific subsurface information only at the locations tested. If a transition in soil type occurred between samples in the borings, the depth of the transition was interpreted. The relative densities and moisture descriptions indicated on the test boring logs are interpretive descriptions based on the conditions observed during drilling. CONCLUSIONS AND RECOMMENDATIONS GENERAL THIS SECTION CONTAINS A SUMMARY OF OUR STUDY AND FINDINGS FOR THE PURPOSES OF A GENERAL OVERVIEW ONLY. MORE SPECIFIC RECOMMENDATIONS AND CONCLUSIONS ARE CONTAINED IN THE REMAINDER OF THIS REPORT. ANY PARTY REL YING ON THIS REPORT SHOULD READ THE ENTIRE DOCUMENT. The test borings conducted for this study encountered up to about 10 feet of silty sand fill overlying native medium dense to very dense sand with gravel. We have not been provided with documentation of the existing fill material, which was likely placed as part of the original site development. Because the existing fill encountered in our test borings was generally medium dense, we anticipate that it will be feasible to support the structures on the existing fill material. However, supporting any structure on undocumented fill increases the risk of future structure n.c:nTC:rl-l f"'f"lf\JQI II TAI\LTC::: 11\lf" Taco Time Northwest November 11, 2013 JN 13419 Page 3 settlement. The existing building is supported on the fill soil and appears to have performed acceptably. The risk of differential settlement of the foundations for the new buildings could be reduced by structurally stiffening the foundation system. A proof roll of the building subgrades should also be performed to identify areas of loose material, which would need to be over- excavated. The subgrade soils should be evaluated by an engineer from this firm before setting foundation forms. The erosion control measures needed during the site development will depend heavily on the weather conditions that are encountered. While site clearing will expose a large area of bare soil, the erosion potential on the site is relatively low due to the gentle slope of the ground. Existing pavements should be maintained wherever possible to reduce the area of bare soil. We anticipate that a silt fence may be needed around the downslope sides of any cleared areas. Rocked construction access roads should be extended into the site to reduce the amount of soil or mud carried off the property by trucks and equipment. Cut slopes and soil stockpiles should be covered with plastic during wet weather. Following rough grading, it may be necessary to mulch or hydroseed bare areas that will not be immediately covered with landscaping or an impervious surface. The drainage and/or waterproofing recommendations presented in this report are intended only to prevent active seepage from flowing through concrete walls or slabs. Even in the absence of active seepage into and beneath structures, water vapor can migrate through walls, slabs, and floors from the surrounding soil, and can even be transmitted from slabs and foundation walls due to the concrete curing process. Water vapor also results from occupant uses, such as cooking and bathing. Excessive water vapor trapped within structures can result in a variety of undesirable conditions, including, but not limited to, moisture problems with flooring systems, excessively moist air within occupied areas, and the growth of molds, fungi, and other biological organisms that may be harmful to the health of the occupants. The designer or architect must consider the potential vapor sources and likely occupant uses, and provide sufficient ventilation, either passive or mechanical, to prevent a build up of excessive water vapor within the planned structure. Geotech Consultants, Inc. should be allowed to review the final development plans to verify that the recommendations presented in this report are adequately addressed in the design. Such a plan review would be additional work beyond the current scope of work for this study, and it may include revisions to our recommendations to accommodate site, development, and geotechnical constraints that become more evident during the review process. We recommend including this report, in its entirety, in the project contract documents. This report should also be provided to any future property owners so they will be aware of our findings and recommendations. SEISMIC CONSIDERATIONS In accordance with the International Building Code (IBC), the site soil profile within 100 feet of the ground surface is best represented by Site Class Type C (Very Dense Soil and Soft Rock). As noted in the USGS website, the mapped spectral acceleration value for a 0.2 second (S.) and 1.0 second period (S 1) equals 1.40g and 0.48g, respectively. The site soils are not susceptible to seismic liquefaction because of their dense nature. Taco Time Northwest November 11, 2013 CONVENTIONAL FOUNDATIONS JN13419 Page 4 We recommend that the footings to support the new buildings all be continuous and have a minimum width of 16 inches. The foundations can bear on the existing fill material, or on structural fill where the ground surface will be elevated for the development. See the section entitled General Earthwork and Structural Fill for recommendations regarding the placement and compaction of structural fill beneath structures. In order to reduce differential settlement, the new foundations should be designed similar to grade beams, being able to theoretically span a distance of at least 1 O feet without soil support. The foundations will typically consist of a footing containing three horizontal rebar with a reinforced stem wall sitting on the footing. Exterior footings should also be bottomed at least 18 inches below the lowest adjacent finished ground surface for protection against frost and erosion. Footing subgrades must be cleaned of loose or disturbed soil prior to pouring concrete. Depending upon site and equipment constraints, this may require removing the disturbed soil by hand. An allowable bearing pressure of 2,000 pounds per square foot (psf) is appropriate for footings supported on competent native soil. A one-third increase in this design bearing pressure may be used when considering short-term wind or seismic loads. For the above design criteria, it is anticipated that the total post-construction settlement of footings founded on competent native soil, or on structural fill up to 5 feet in thickness, will be about one-inch, with differential settlements on the order of one-inch in a distance of 30 feet along a continuous footing with a uniform load. Lateral loads due to wind or seismic forces may be resisted by friction between the foundation and the bearing soil, or by passive earth pressure acting on the vertical, embedded portions of the foundation. For the latter condition, the foundation must be either poured directly against relatively level, undisturbed soil or be surrounded by level, well-compacted fill. We recommend using the following ultimate values for the foundation's resistance to lateral loading: Coefficient of Friction 0.40 Passive Earth Pressure 350 pcf Where: (i) pcf is pounds per cubic foot, and (ii) passive earth pressure is computed using the equivalent fluid density. If the ground in front of a foundation is loose or sloping, the passive earth pressure given above will not be appropriate. We recommend maintaining a safety factor of at least 1.5 for the foundation's resistance to lateral loading, when using the above ultimate values. SLABS-ON-GRADE The building floors can be constructed as slabs-on-grade atop the existing fill material, or on structural fill. The subgrade soil must be in a firm, non-yielding condition at the time of slab construction or underslab fill placement. Any soft areas encountered should be excavated and replaced with select, imported structural fill. Even where the exposed soils appear dry, water vapor will tend to naturally migrate upward through the soil to the new constructed space above it This can affect moisture-sensitive flooring, cause imperfections or damage to the slab, or simply allow excessive water vapor into the space above Taco Time Northwest November 11, 2013 JN 13419 Page 5 the slab. All interior slabs-on-grade should be underlain by a capillary break or drainage layer consisting of a minimum 4-inch thickness of gravel or crushed rock that has a fines content (percent passing the No. 200 sieve) of less than 3 percent and a sand content (percent passing the No. 4 sieve) of no more than 10 percent. As noted by the American Concrete Institute (ACI) in the Guides for Concrete Floor and Slab Structures, proper moisture protection is desirable immediately below any on-grade slab that will be covered by tile, wood, carpet, impermeable floor coverings, or any moisture-sensitive equipment or products. ACI also notes that vapor retarders, such as 6-mil plastic sheeting, have been used in the past, but are now recommending a minimum 10-mil thickness. A vapor retarder is defined as a material with a permeance of less than 0.3 perms, as determined by ASTM E 96. It is possible that concrete admixtures may meet this specification, although the manufacturers of the admixtures should be consulted. Where vapor retarders are used under slabs, their edges should overlap by at least 6 inches and be sealed with adhesive tape. The sheeting should extend to the foundation walls for maximum vapor protection. If no potential for vapor passage through the slab is desired, a vapor barrier should be used. A vapor barrier, as defined by ACI, is a product with a water transmission rate of 0.01 perms when tested in accordance with ASTM E 96. Reinforced membranes having sealed overlaps can meet this requirement. DRAINAGE CONSIDERATIONS Foundation drains should be used where (1) crawl spaces or basements will be below a structure, (2) a slab is below the outside grade, or (3) the outside grade does not slope downward from a building. Drains should also be placed at the base of all earth-retaining walls. These drains should be surrounded by at least 6 inches of 1 -inch-minus, washed rock and then wrapped in non-woven, geotextile filter fabric (Mirafi 140N, Supac 4NP, or similar material). At its highest point, a perforated pipe invert should be at least 6 inches below the bottom of a slab floor or the level of a crawl space, and it should be sloped for drainage. All roof and surface water drains must be kept separate from the foundation drain system. A typical drain detail is attached to this report as Plate 11. For the best long-term performance, perforated PVC pipe is recommended for all subsurface drains. Water should not be allowed to stand in any area where foundations, slabs, or pavements are to be constructed. Final site grading in areas adjacent to buildings should slope away at least 2 percent, except where the area is paved. Surface drains should be provided where necessary to prevent ponding of water behind foundation or retaining walls. PAVEMENT AREAS The pavement section may be supported on the existing fill. Because the site soils are silty and moisture sensitive, we recommend that the pavement subgrade must be in a stable, non-yielding condition at the time of paving. Granular structural fill or geotextile fabric may be needed to stabilize soft, wet, or unstable areas. To evaluate pavement subgrade strength, we recommend that a proof roll be completed with a loaded dump truck immediately before paving. In most instances where unstable subgrade conditions are encountered, an additional 12 inches of granular structural fill will stabilize the subgrade, except for very soft areas where additional fill could be required. The subgrade should be evaluated by Geotech Consultants, Inc., after the site is stripped and cut to grade. Recommendations for the compaction of structural fill beneath pavements are Taco Time Northwest November 11, 2013 JN 13419 Page 6 given in the section entitled General Earthwork and Structural Fill. The performance of site pavements is directly related to the strength and stability of the underlying subgrade. The pavement for lightly loaded traffic and parking areas should consist of 2 inches of asphalt concrete (AC) over 4 inches of crushed rock base (CRB) or 3 inches of asphalt-treated base (ATS). We recommend providing heavily loaded areas with 3 inches of AC over 6 inches of CRB or 4 inches of ATB. Heavily loaded areas are typically main driveways, dumpster sites, or areas with truck traffic. Increased maintenance and more frequent repairs should be expected if thinner pavement sections are used. The pavement section recommendations and guidelines presented in this report are based on our experience in the area and on what has been successful in similar situations. As with any pavements, some maintenance and repair of limited areas can be expected as the pavement ages. Cracks in the pavement should be sealed as soon as possible after they become evident, in order to reduce the potential for degradation of the subgrade from infiltration of surface water. For the same reason, it is also prudent to seal the surface of the pavement after it has been in use for several years. To provide for a design without the need for any maintenance or repair would be uneconomical. GENERAL EARTHWORK AND STRUCTURAL FILL All building and pavement areas should be stripped of surface vegetation, topsoil, organic soil, and other deleterious material. It is important that existing foundations be removed before site development. Existing utilities to be abandoned within structural areas must be removed, and the trenches backfilled with structural fill. The stripped or removed materials should not be mixed with any materials to be used as structural fill, but they could be used in non-structural areas, such as landscape beds. Structural fill is defined as any fill, including utility backfill, placed under, or close to, a building, behind permanent retaining or foundation walls, or in other areas where the underlying soil needs to support loads. All structural fill should be placed in horizontal lifts with a moisture content at, or near, the optimum moisture content. The optimum moisture content is that moisture content that results in the greatest compacted dry density. The moisture content of fill is very important and must be closely controlled during the filling and compaction process. The allowable thickness of the fill lift will depend on the material type selected, the compaction equipment used, and the number of passes made to compact the lift. The loose lift thickness should not exceed 12 inches. We recommend testing the fill as it is placed. If the fill is not sufficiently compacted, it can be recompacted before another lift is placed. This eliminates the need to remove the fill to achieve the required compaction. The following table presents recommended relative compactions for structural fill: Taco Time Northwest November 11, 2013 Use of On-Site Soil Beneath footings, slabs orwalkwa s Filled slopes and behind retainin walls Beneath pavements 95% 90% 95% for upper 12 inches of subgrade; 90% below that level Where: Minimum Relative Compaction is the ratio, expressed in percentages, of the compacted dry density to the maximum dry density, as determined in accordance with ASTM Test Designation D 1557-91 (Modified Proctor), JN 13419 Page 7 If grading activities take place during wet weather, or when the silty, on-site soil is wet, site preparation costs may be higher because of delays due to rain and the potential need to import granular fill, The on-site soil is generally silty and therefore moisture sensitive. Grading operations will be difficult during wet weather, or when the moisture content of this soil exceeds the optimum moisture content. Moisture-sensitive soil may also be susceptible to excessive softening and "pumping" from construction equipment, or even foot traffic, when the moisture content is greater than the optimum moisture content. It may be beneficial to protect subgrades with a layer of imported sand or crushed rock to limit disturbance from traffic. Structural fill that will be placed in wet weather should consist of a coarse, granular soil with a silt or clay content of no more than 5 percent. The percentage of particles passing the No. 200 sieve should be measured from that portion of soil passing the three-quarter-inch sieve. LIMITATIONS The conclusions and recommendations contained in this report are based on site conditions as they existed at the time of our exploration and assume that the soil and groundwater conditions encountered in the test borings are representative of subsurface conditions on the site. If the subsurface conditions encountered during construction are significantly different from those observed in our explorations, we should be advised at once so that we can review these conditions and reconsider our recommendations where necessary. Unanticipated conditions are commonly encountered on construction sites and cannot be fully anticipated by merely taking samples in test borings. Subsurface conditions can also vary between exploration locations. Such unexpected conditions frequently require making additional expenditures to attain a properly constructed project. It is recommended that the owner consider providing a contingency fund to accommodate such potential extra costs and risks. This is a standard recommendation for all projects. This report has been prepared for the exclusive use of Taco Time Northwest and its representatives for specific application to this project and site. Our conclusions and recommendations are professional opinions derived in accordance with current standards of Taco Time Northwest November 11, 2013 JN13419 Page 8 practice within the scope of our services and within budget and time constraints. No warranty is expressed or implied. The scope of our services does not include services related to construction safety precautions, and our recommendations are not intended to direct the contractor's methods, techniques, sequences, or procedures, except as specifically described in our report for consideration in design. Our services also do not include assessing or minimizing the potential for biological hazards, such as mold, bacteria, mildew and fungi in either the existing or proposed site development. ADDITIONAL SERVICES In addition to reviewing the final plans, Geotech Consultants, Inc. should be retained to provide geotechnical consultation, testing, and observation services during construction. This is to confirm that subsurface conditions are consistent with those indicated by our exploration, to evaluate whether earthwork and foundation construction activities comply with the general intent of the recommendations presented in this report, and to provide suggestions for design changes in the event subsurface conditions differ from those anticipated prior to the start of construction. However, our work would not include the supervision or direction of the actual work of the contractor and its employees or agents. Also, job and site safety, and dimensional measurements, will be the responsibility of the contractor. During the construction phase, we will provide geotechnical observation and testing services when requested by you or your representatives. Please be aware that we can only document site work we actually observe. It is still the responsibility of your contractor or on-site construction team to verify that our recommendations are being followed, whether we are present at the site or not. The scope of our work did not include an environmental assessment, but we can provide this service, if requested. The following plates are attached to complete this report: Plate 1 Plate 2 Plates 3-10 Plate 11 Vicinity Map Site Exploration Plan Test Boring Logs Typical Footing Drain Detail Taco Time Northwest November 11, 2013 JN 13419 Page 9 We appreciate the opportunity to be of service on this project. If you have any questions, or if we may be of further service, please do not hesitate to contact us. TRC/MRM: jyb Respectfully submitted, GEOTECH CONSULTANTS, INC. Thor Christensen, P.E. Senior Engineer ... ____ f Af GEOTECH # CONSULTANTS, INC. ~1'e-l!I,\,.~-~~or-="""""",,,_ (Source: Microsoft Sfreets and Trips, 2004) VICINITY MAP 4114 Northeast 4th Street Renton, Washington 'Job No: 13419 I Date: I Nov. 2013 Legend: ~ Test boring location (;EO'rECH COi'\St"LTANTS, lNC. SITE EXPLORATION PLAN 4114 Northeast 4th Street Renton, Washington Job No: Date. Plate: 13419 Nov 2013 Ne Scaie NORTH 1\ • ir \ 2 I,,. - -- .... I,,. .... - 10-- .... .... I,,. .... 15-- I,,. - -- 20'-- BORING 1 Description ~--~:5 inches of asphalt 30 Gray-brown silty SAND with gravel, fine to coarse-grained, moist, dense (FILL) FILL 9 -becomes loose /illl ,SM ---------------------------------------·· --···---·-- 50/6" 3 1..,11.,.m• i.u.•w1..B_r_ow_n _si-lty_S_A_N_D_w_ith_gr_a_ve_1,_fi_ne_to_c_o_ar_s_e--g-ra-in_e_d._m_o_is_t_. v_e_ry_d_e_ns_e __ * Test boring was terminated on November 6, 2013 at 11.0 feet. * Slight groundwater seepage was observed at 0.5 feet during drilling. GEOTECH CONSULTANTS, INC. Job TEST BORING LOG 4114 Northeast 4th Street Renton, Washington I Date: jLogged by: IP/ate: 13419 Nov. 2013 TRC 3 .... -- 5 ...__ .... 101-- .... .... .... 151.- .... ... - - 20...__ BORING 2 Description --,} inches of asphalt ----------- Gray silty SAND with gravel and trace organics, fine to coarse-grained, moist, loose (FILL) 25 2 I FILL -becomes medium-dense 52 -becomes loose --Dark-brown silty SAND with gravel an,fcirganics, fine to coarse-grained, moist, loose (TOPSOIL) -------------.;c"'-ci-·o'1:,· ~--- i.? ol' 4 ,~~; Tan SAND with gravel, fine to coarse-grained, moist, very dense • Test boring was terminated on November 6, 2013 at 14.0 feet. • No groundwater was encountered during drilling . ~-'a GEOTECH '#-CONSULTANTS, INC. TEST BORING LOG 4114 Northeast 4th Street Renton, Washington ~,__.,._=-==---~ \t=~---· Job I Date: 'Logged by: jPtate: 13419 Nov. 2013 TRC 4 - - .... 5 '--... .... .... ... ... ... .... ... 151- - - -... 20'-- 33 1 I BORING 3 Description ·----,2.5 inche~ofasphalt_ ------------------ Gray-brown silty SAND with gravel, fine to coarse-grained, moist, dense (FILL) 1 O 2 I FILL -becomes medium dense ----------------. ----- Dark brown silty SAND with gravel and organics, fine to coarse-grained, i;l l I I'\ moist, loose (TOPSOIL) _____ _ ,SM 1 I 50/1" 6 I fad: 1 ' Gray silty SAND with gravel, fine to coarse-grained, moist, very dense * Test boring was terminated on November 6, 2013 at 15.5 feet. * No groundwater was encountered during drilling. ~--Ai GEOTECH ',;(I CONSULTANTS, INC. TEST BORING LOG 4114 Northeast 4th Street Renton, Washington )~~b"l""----=-=~ ---=, ~~="'"""'" /"" Jab I Date: I Lagged by: IP/ate: 13419 Nov. 2013 TRC 5 -... - I- 5 '"-- ... I-... .... 10--... ... I- - 15- -... I- 20 '"-- 44 14 50/6" 61 BORING 4 Description FILL Gray silty SAND with gravel, fine to coarse-grained, moist, dense (FILL) ,-~-----.. -----·-------------------------------------·-- Dark brown silty SAND with gravel and organics, fine to coarse-grained, moist, loose (TOPSOIL) 1111,- ,11 ~~, i Gray,,ro~ ,;;zy SAND ~<h "'"'' ""' W ro,ra-.ramOO, moat """ deo~ JJ.]_1.111 ··-···--- 51 Jr~:~~ Gray SAND with gravel, fine to coarse-grained, wet, very dense ~ o 0o tJ * Test boring was terminated on November 6, 2013 at 14.0 feet. * No groundwater was encountered during drilling. ~f/ ~~~TTJfs~Jl. ~~·~=--~p--- TEST BORING LOG 4114 Northeast 4th Street Renton, Washington Job I Date: jLogged by: jPtate: 13419 Nov. 2013 TRC 6 .... -- 5 --- .... ... .... .... 15- .... -- 20-- BORING 5 Description 24 30 50/6" * Test boring was terminated on November 6, 2013 at 10.5 feet. • No groundwater was encountered during drilling . GEOTECH CONSULTANTS, INC. Job TEST BORING LOG 4114 Northeast 4th Street Renton, Washington I Date: !Logged by: IP/ate: 13419 Nov. 2013 TRC 7 .... ... - - 5 --- .... .... .... .... 15-- - -- 20'-- ' ~41 , 49 29 50/6" BORING 6 Description ~-\ 2 inche~of asphalt 1 I FILL Gray silty SAND with gravel, fine to coarse-grained, moist, dense (FILL) -becomes medium-dense Dark brown silty SAND with gravel arid orgarilcs,-fme lcfroarse-grained, moist, loose (TOPSOIL) Brown SAND with gravel, fine to coarse-grained, moist, medium-dense -becomes very dense * Test boring was terminated on November 6, 2013 at 11.0 feet. * No groundwater was encountered during drilling . TEST BORING LOG GEOTECH 4114 Northeast 4th Street CONSULTANTS, INC. Renton, Washington b=s Job 1 Date: I Logged by: I Plate: ---··-- / 13419 Nov. 2013 TRC 8 BORING 7 Description ---~ches of asphalt FILL ---------- - L... L... 5 .._ I- --10---- I- - - 1si-- .... - '- '- 201-.. 19 38 19 49 • Test boring was terminated on November 6, 2013 at 16.5 feet. * No groundwater was encountered during drilling. ~-fl ~!.21I!SJ!. ~e~~ Job TEST BORING LOG 4114 Northeast 4th Street Renton, Washington I Date: 'Logged by: IP/ate: 13419 Nov. 2013 TRC 9 i- ... i- 51--... ... - 10-... ... ... ... 1s-... .... .... .... 20'-- 23 10 FILL BORING 8 Description f'_1_.5inches of_a_sp~h_a_lt _________ _ Gray silty SAND with gravel, fine to coarse-grained, moist, medium-dense (FILL) ---------------~-- Gray-brown SAND with gravel, fine to coarse-grained, moist, very dense * Test boring was terminated on November 6, 2013 at 15.0 feet. * No groundwater was encountered during drilling . ----~4 GEOTECH ---~-CONSULTANTS, INC. TEST BORING LOG 4114 Northeast 4th Street Renton, Washington ,,,_~~~----<-y~--Job I Date: !Logged by: IP/ate: 13419 Nov_ 2013 TRC 10 Slope backfill away from foundation. Provide surface drains where necessary. Backfill (See text for __ requirements) 11] ,u Tightline Roof Drain (Do not connect to footing drain) Washed Rock (7/8" min. size) Nonwoven Geotextile Filter Fabric NOTES: '---4" Perforated Hard PVC Pipe (Invert at least 6 inches below slab or crawl space. Slope to drain to appropriate outfall. Place holes downward.) Vapor Retarder/Barrier and Capillary Break/Drainage Layer (Refer to Report text) (1) In crawl spaces, provide an outlet drain to prevent buildup of water that bypasses the perimeter footing drains. (2) Refer to report text for additional drainage, waterproofing, and slab considerations. ~f/ ~~£J~s~JJ. ~=-~r~~ FOOTING DRAIN DETAIL 4114 Northeast 4th Street Renton, Washington 'Job No: 13419 I Date: I Nov. 2013 Old Rep, ic Title, Ltd. PLAT CERTIFICATE Order No.: 5207115205 Unit: C Date: July 15, 2013 at 8:00 a.m. Fee: $ 200.00 Sales Tax: $ 19.00 Total: $ 219.00 FOR INFORMATION AND ASSISTANCE ON THIS ORDER CONTACT: Old Republic Title Commercial Services Christina Hughes, Title Officer chughes@ortc.com Telephone: (425) 776-4305 Fax: (425) 776-3350 19020 33rd Avenue West, Suite 360, Lynnwood Washington 98036 Reference: ATTN CHRIS TONKIN TACO TIME NW 4114 N.E. 4TH ST. RENTON WA 98059 Ladies/Gentlemen: In the matter of the plat submitted for your approval, the Company (Old Republic National Title Insurance Company) has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County and from such examination hereby certifies that the title to the following described land, Situate in said King County, to-wit: Vested in: BELLEVUE TT LLC, a Washington limited liability company Legal Description: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION FOR SPECIAL EXCEPTIONS, SEE ATTACHED: 07115205 Page 1 EXHIBIT "A" That portion of the West half of the Southwest quarter of the Southwest quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the Southwest corner of said Section 10; THENCE North 00°25'13" West 42.04 feet; THENCE South 88°01'58" East parallel with the South line of said subdivision 40.03 feet to the intersection of the East margin of Union Avenue N.E. with the North margin of N.E. 4th Street; THENCE North 00°25'13" West along said East margin 158.00 feet; THENCE South 88°02'58" East 142.12 feet to the East line of the West 182.00 feet of said subdivision and the True Point of Beginning; THENCE North 89°43'21" East 214.64 feet to the West line of the East 250.00 feet of said West half (as measured along the South line thereof); THENCE South 00°16'39" East along said West line 166.33 feet to said North margin of N.E. 4th Street; THENCE North 88°02'58" West along said North margin 214.41 feet to said East line of the West 182.00 feet of said subdivision; THENCE North 00°25'13" West along said East line 158.00 feet to the True Point of Beginning; {ALSO KNOWN AS Lot 2 of City of Renton Lot Line Adjustment 007-82, recorded under Recording No. 8207079005). EXCEPT that portion conveyed to City of Renton by Deed under Recording No. 20120416000525. SITUATE in the County of King, State of Washington END OF EXHIBIT "A" 07115205 Page 2 SPECIAL EXCEPTIONS: 1. RIGHTS OF PARTIES IN POSSESSION and claims that may be asserted under unrecorded instruments, if any. 2. GENERAL TAXES, PLUS INTEREST AND PENAL1Y AFfER DELINQUENT; 1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1: Year Amount Billed Amount Paid Parcel No. Levy Code Assessed Valuation Land Improvements 2013 $15,053.13 $7,526.57 102305-9132-08 2100 $619,600.00 $437,400.00 3. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following For Recorded Affects Right to make necessary slopes for cuts or fills May 27, 1964 in Official Records under Recording Number 5741040 Portion abutting road 4. An easement affecting that portion of said land and for the purposes stated. herein and incidental purposes as provided in the following Granted To For Recorded Affects Texaco Inc., a Delaware corporation Ingress and egress October 21, 1971 in Official Records under Recording Number 7110210022 Southwesterly portion 5. Terms and provisions as contained in an instrument, 07115205 Entitled Recorded Lot Line Adjustment July 7, 1982 in Official Records under Recording Number 8207079005 Page 3 6. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To For Recorded Affects Pacific Northwest Bell Telephone Company, a Washington corporation Underground communication lines and conduit March 22, 1983 in Official Records under Recording Number 8303220985 As located 7. Terms and provisions as contained in an instrument, Entitled Recorded City of Renton Temporary Sewer Service Agreement June 9, 1983 in Official Records under Recording Number 8306090716 8. Terms and provisions as contained in an instrument, Entitled Recorded Declaration of Restrictive of Covenants July 27, 1983 in Official Records under Recording Number 8307271099 being a re-record of 83051601165 9. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To For Recorded Puget Sound Power and Light Company, a Washington corporation To construct, operate, maintain, repair, replace and enlarge one or more electric transmission and/or distribution lines August 12, 1983 in Official Records under Recording Number 8308120632 10. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following 07115205 Granted To For Recorded Affects The City of Renton The maintenance, repair and replacement of the existing 24" storm drainage line (creek division line) December 5, 1983 in Official Records under Recording Number 8312050539 As located Page4 11. Terms and provisions as contained in an instrument, Entitled Recorded Easement with Covenants and Restrictions Affecting Land June 30, 1982 in Official Records under Recording Number 8206300214 Matters as contained or referred to in an instrument, Entitled Recorded Amendments to Easement with Covenants and Restrictions Affecting Land in Official Records under Recording Number 8303020380, 9511200306, 9605240990 and 9703070889 12. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Granted To For Recorded Affects Temporary Construction Easement City of Renton Temporary construction easement, with necessary appurtenances over, under, through, across and upon portion of property April 16, 2012 in Official Records under Recording Number 20120416000526 Southerly portion of property under search 13. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following 07115205 Granted To For Recorded Affects City of Renton, a municipal corporation, its successors and assigns Electrical utilities with franchise agreements January 23, 2013 in Official Records under Recording Number 20130123000120 As located Page 5 14. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount Trustor/Borrower Trustee Beneficiary/Lender Dated Recorded $850,000.00 Bellevue TT, LLC U.S. Bank Trust Company, N.A. U.S. Bank, N.A. May 31, 2012 May 31, 2012 in Official Records under Recording Number 20120531001332 15. A financing Statement recorded in the office of the County Recorder, showing Debtor Secured Party Recorded Return Address Legato, Inc. U.S. Bank National Association June 26, 2012 in Official Records under Recording Number 20120626001809 CT Lien Solutions P.O. Box 29071 Glendale CA 91209-9071 16. An unrecorded lease upon the terms, covenants, and conditions contained or referred to therein, Lessor Lessee Disclosed by Dated Recorded Mathew E. Tonkin and Gayle N. Tonkin, husband and wife; and Frank E. Tonkin and Rebecca A. Tonkin, husband and wife, Legato, Inc., a Washington corporation Memorandum of Lease December 30, 1986 December 30, 1986 in Official Records under Recording Number 8612302419 17. Matters as contained or referred to in an instrument, NOTE 1: Entitled Recorded Partial Release of Lease April 16, 2012 in Official Records under Recording Number 20120416000527 The liability of the Company under this Plat Certificate shall be limited to the amount of actual loss sustained by the addressee because of reliance upon the information set forth herein, but in no event shall such liability exceed the fee paid for this Plat Certificate. RT/cm 07115205 Page 6 **** * * ; OLD REPUBLIC * * *** OLD REPUBLIC TITLE, LTD. TITLE & ESCRO\V, Ltd. ATTACHED ARE COURTESY COPIES OF DOCUMENTS FROM PLAT CERTIFICATE 5207115205 COVENANTS AND RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN ARE DELETED UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANTS (a) JS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (b) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. 4114198th Street SW Lynnwood, WA 98036 (425) 776-1970 FAX (425) 776-5710 j . ·11 ,, 'I 11 P./W 1005 ;::; T.L. 132 2 :;,:-Tlw .j!'nnh,r. htr<'in ... - rar 1ho r:on1ldtra.lion ot 'throe Jlunurou_ n_rt;,:lllp,ht onu_ no_/l_M (.)olhu aorJ 11.[ftO «f bi:tu·nl.1 10 IICGtUtt ltl . hor b1 rcuon of lAying cut .nnd t:tt..ll11lhhint a public ro•il lh:nmi;rh. twr · . In the Counly or f,inr: 1h,-P,1Mir forrver. n 11; f1t1hHc rn1ul 11nd hiRhWII)', All 111lr:~t i:::. the fotlo ... inll' ilr~('ribrtl n11.I r.lalr, \'It. 'l'h~ S; l,~ !'t .... of t 1 he Wo:it 1/2 of tho s.w.{ of tho s.w.{ of soc. 10, ~}J. ,3 r~ •. t. ::, E .. h.M., loan the W. 102 L't. and ln.!IJJ. tho E. 250 ft. ~nntnlntnf 0.16 Acron moru or 1ons. v:-; 3.;':, 12Uth St, \ 1J2nd A.VO. 3,E 00 160th Avo ~ a / 11111r1hcr with the nghl to ma'lcc,., ntrt•u.err lllopu f"r cui~ :mil fllli upon Uu: a.bumbjf)J opuly, •nil 011 ueb "i,11• ,,I ui1l Jr~erilml ri11bt..of."•1', In eimformby ,.ilb 11:indanl ftlfltlll •nd 11]'1cdflcAlion1 fur hifth"ta.)' purpo•t .. , llnJ; :u th!! \Dm~ r:r.lcnl •n•l purpo,ie, u if Iba riKhl.l kit~in pn.nlrt.l hiul br,r:n acipdr.r,I tn-l'1:Jmh•mn11tian 11rf?r:t-t-.l• inc:-, 11h1li:t F.minul.l Onmni~ 11l11h1l~ of thr Ht.all! ar W11hinjtlats, [h.1rJ thh 11,.h day of. \\"ITNF.88, STATE OF WASHINGTON COUNTY OF •• :-:n; . St.n.lr of Wuhinglort . . A. ll. 19 .. I. ) , C1 -.L.f' .,.,-;.-··VJ,<" , /. I .1.1-,0~ \ .. . . . ' . I ) ,,, • ///-~;:,,LJ;,t. ! 1 l • l: . l!.I f,J;. . 1.,,for,. 11,r, :1 Xot11-ry l'ul,lu! ' IC ·-' -iL 117 .r~ i~': ,:, .• I' 1! ~11 0 • • ;i: l N 0 r(I._ ~ii(J t,( '\ "' "' "' '\ ;E~~' .·" • ~ C r .. ~ 1,-.-,-,., ,. ·-."1 ;· NAMf ... "': :-:nr ,o1,DOM:5S ___ ~-.:....~~-----·--·--· ···- ., . r,;, OCT "' °" A 00 .. . . ( .. t,..;·,1v,,,S-)(HQ CO.~- otPUTY I h 11",'.' I\,. !I'-'\ CIT't A.HO ST.I.ti~ f .. .2.~{)_IJ-o:f_A, _J, :-..i.::!r~:-r-t'· STATUTORY •.t.ltll:AHTY DHD TIIE liR.'iNTOR u Gi-ur. 1k WJ,;,,.,~ ok-if'l;1'1brd n-aJ ...... ~. 911-•N uo dr,,,: c_,.. nf 5Q...,of~: 'i'b.at portlo!) .. of" tM i,outb-..1ot qwu-t~r or the :southwe&t Qu.a.rticr c-f ,;.lie southwea t ·qua.rt er of' Sectlon 10, _ 'l'owll6hip 2.3 Jiorili, Range 5 East, W. M. , in King County, Waabington, described ~ rollows: COl:Ullen~1ng at the southwest corner of sa~d subd1V1t1on; thence north 0°25 1 13• ~est al~nt. the west lihe thereof 42.04 reet; thence south 88°02'58• ea.st parallel wlth the south ltne of said sub- dlY1D1on ~O.D]. re-et to th~ 1ntersect1on or the east lll&rgin of Union Avl!ni.ie il.E. w1th the north .argln of' li.E. 4th Str-eet and the true point. or beginning; tbence north 0°25'13" 'West along aaid ea:st_ margin 156.00 reet; thence sout~ 88°02'58" eiwt 142,00 reet; thence south 0°25 1 13n ea.st 158.00 feet t.o sa1d north margin of ;.r.l:.. ~th Street; tile.nee north 88°0~1 58" west along said north mari;:::.1 lll2.00 feet to the true point of beginninf, TOGETHER WITli Q cOINl>On u.se essemen ~ for ingress and egN:5~ described as follovs: ·__;~ Beginnin& at the southeast conicr of the above described Parcel; thence north 0°25'13" west alons the eu•. line thereof 60.00 feet.,; thence south 68°02 1 5B• ea.at ltB.00 ft!-t!t; / thence south D"'Z5'l3" ea.ot 60.00 reet to the nor'-.:h marglr. of said (j~ tl.t.. 11th St!"eet; thence north 86°02'56" 1,·est along: 11,ald north margin l.!8.00 feet to tne p~1nt or beglnr.lng, TVQ£THE.n WI?H a c~n uae eaaeaent tor 1ngre~5 nnd egr~&s described as !ollollo'B: ~g.lnnJ.ng at ~hir: north1r1111.11t cornerr or tflr above deac~loed Paree l; thence nortb 0°25 1 13• we-It •lOnt!; the etaat ~gin of" aa1d Union Avenue ;;.~. -4:2.00 reet; thence so1.1th J\6V02'58" e.st 60.00 reet; thence 30uth 0"2-5'13" e&at 'l~.00 r•et t-c tile nor\..ll l..ln~ of said r1.1.rcel; lhenee north 88°02'58" wel!it along said nortlJ Ilne U0.00 reet to t.lie po1ni or U:e1;1nn111t,;. ' l I w ------------------------- -~--------------------- ··-··----------------·· • I SUIJBCI' TO CM a:Up•laUoa cut U-are.a bo~ t~ sit.• to tbe. Horth and tbe. Eu.t £IX" a. diar-of 45 f..t. ta Mdl. 41netioll -1.1 be llalud 111-UN t.o parlr.illg aa.d 0J dd.-.y ....... -1.f, Nit --1.1 all,_ frr tlla plk.iaf, of li,&llt.b& D~--ii=, dreiJu!&t (\J acne~, ,-lal .. lMllll(:apbia _. c,tti,u ~ .-Lh f+:eoWWW:Cta mu:ept ~or the bl!r~-8 tofurc da.cr:lNd ...-...:•, · · .(\J c:J AL SEAL} STATE OF .-ASHnilGTON , bdo.-., •~. 11,,,e J1t7 8aT1d J ... • .-.I ,.,, B. .,__ ~ "'4i-..........., ikSfflbcd i,o.., ... ~ ... Jan:p~ --al,aad ~1"'1Jt(I IO •c ... -'" doi• • .4 ----.. dla!I-""""_.j ~--l .-1 d.:-cd .... tbr ·-·-·'--· I 20707900 ~·::. ~ ,_ .. ;-S.W.1/4 S.W.1/4, of SEC.10, TWP. 23N.,RG. 5 . CITY OF RENTON E.,W.M. 3 2 -2 4 l /];: :~•:E:Lf 7t0 :::::: ; KING COUNTY, WASHINGTON : ; ' . y,·· (,•"~ ,:, ···t>-',,;: .,······· ,.:, ,;f N f_ -/ ., ------,, •. >r .,· ,1 "1 '"\ '•:;'. _,. 1J i'-Q ; ' 1,, ,•,' '] : "' i , l } ' ) di ', ,, ·. < w • 1 • o • , !}. .i .,.-•• , 00 i ! i • I • ; ', , ·--,'so••~·.• I • .._, I L ~ "• a, I I • ,'', ' -< •a,,.~"1_·• : ,.. ' < ' I ,, ~ . '"t;;,;~•' I _ • ~~:~--, ; 'r •)l 'z g ..... :~t·~~~ :,'. Q ~i I/ I , . ., ·,· . -~~: '\ Ji, .. 1 • ; i o/ . . 1 I ""'-=·::,. . ~ ~_.;C,,, ..... ~-.,. 1-1~><1 _1 I i:"'" .. ~-.,.._~ -·· ., . ,: : .... 51"):t j ·· ...,,,., 5 __ :rREET _lN.E. \'l$ -~-i l'i:.r .. -;:, , "RTHEA.OT , , ••'•"'"·• ·,,. '---• -I '7·-··-·· .. ., ..... ,... ',;;;1:r,r •. ~£COIIOjR'S c:qmf'1'i:~'J~, BZ.0707~ooet' ... .',/ .. Fll€D ron REC1JRD TJ/IS =··1,····"l)lrf'bf-~. 1~11~~~J:ao.B): Ill D0~:...3..2..,or··suR~E~5, PAH..tJ:.l....AT THE: RE~UEST Of 80<HEtf/ ... ULIIV~T. • .,•.· ·, •• If J' COY/NG10N' JIANA~ fO ~fitffNtE?T Wf~~os Tl!l5 IIECD~O Of 5URT£Y HAS DEEN l'RE~UED TO ODCUll[HT A LDT LIHE ~n1stoN 11/TJl~k T)l[ C,!,Tf ~~ AENTDM AJ/D APPRCY(D BT, '.''. ,,, .... ,·,: •.• UAIIIHtJ:I "J/0 Al'P~OYED THIS £. D~T Of~ A,O., 19U, ~A'.'.~ IIOHLO ~-NELSON Bl/lLOING l ZOJ/l"G OfflCl'AL E~AMIN!'D A~O ~Fl'RDY(D THIS~' DAY Of~ A.a., l~az. :t£,_L , I 4--,-iL tti ~IC~~RO G. IIQUC~TO~l ~UBL IC WOllK$ O'~(CTO~ SU~HTO~' S UATlr!C~TE, 1111$ M~P CCRA(CTlT AENl;.le'IIH ~ ·~Av£• MDE ~T "E OR U...~11,X p1A(CTJQH !II (;OMrD~II~""' WITH TII( ll£CUIAEIIEHTS o, TH( SUAl[Y A[COADIIIG ~CT 'J-1\Etfl~Vfl 1 Qf ll~NNtlT/MULfl'ltST, Ill -.,.,,./ I.H•L D1f5CR C PT !Off• - !.il..1..i.. THAI PORTIO~ OF TJ/E WEST ON~ HAL~ of rnE 5CIIJTH~E5T OUAUER OF THE 5CUTMll(ST QUARTEW Q' HCTtOII 10, 10rH5HII' 2' NoAiH, RA,t(;E' fA5T, N.11 .. IH ~l~C COUNT¥, IIA5HIHHO~ orsc111a[O Al fOLLOWSt C:OHNfNelHG AT THE 5QUTHVHT C:OAll!A Oi SAID SEClltll ID1 THEHC! HORni O"l''ll" 1'E51 <i.O• FEET1 THl:HCE 5WTK U'O!'!!" HH l'MALLH WITH NE SOUTH LINE oF HID SUBO.IYIIIOH ,o.Ol nn TO TH( IIITERUCTION 11F THE HST 1<,1,RGIM or UH10H lY£NU[ 11.E. VJ™ llf[ IIORTH MARGIN or N.E. UH $TR£[T1 TNUCE NORTH 0"2SI ll" VEST ALOIIO 5/>IO EAST •Mi«;!V IH,00 fHT TO TNE :.UU[ l>Ol,.T Of P{Slll~tNGi Tll!HCE SOUTH n•o2•,!• (AH IH.IJ fHT TO THE EAST LINE or we ,.-"EST 181,U Htr Df SA!O ,ooal~ISID~J TH!HCE NORTH &9"•)'21' EAST l1C6~ fEO TO THE ~UT /'UNE"~Df. nlf un ua.ao FUT OF U.10 ~EH OH( H~U us MEA5UUO ALONG THE SOUTN l!NE .. ? TH.flitoff;:,THENCt NOATII 0'16'lV~ ~EST ~\.ONG HID WEST\. IHI n• .96 FEET TO THE 50UTH ! IN( .~· IJJ!"NORTH ,~2g.oo FHT OF UID WEST OIIE HJ.LF OF "l"IIE Jl)UTHWEH QUARHR OF Tin SOUTHMUT 1'llh~H~.;(IF SECTIO~ !OJ TllE~CE ~ORTH a1•11•)2• HST ALOHG 5AIO SOUTH LIME ~LU r,n TO THE·:U.(r LlW( OF TH( ~UT in,,oa HO Df 5AIO 5UBQl~l$1DHt THENCE IOUH O'H 1 \)' HH ·..1.r.oNG "5.1,10 H5T LIH( &Le, Fte~ TO TM( SOUTH Ll~E OF THE HDAlN 59•,JJO FUT OF .SAIO 5\/il\l.lVl510N; THENCE HORTH u•11·.H~ ~(ST ALMC SAi~ !OVT'a I.IN! J~S.lD •ln TD SA!D EAST H,.llGIH a; U~ICH AUNUl H.E,1 TH(HCE SOUTH D"1''1l" EAST Al.0116 SAID HST MAR,IH •11.•1 J:-!ET TD T,H·~--T~~-~-,~~.i~T Of D!GIHNtn. :, .. ,, LOT. i1.•' . .,·.· ./-' T!lh PC#TIO~ Of lHf wu1··:QNE HALF OJ' ·rn,,.soU,f!!WEST QUA~TER OF THf 001/TnEH g1.1A~H~ 0~ ,i£CTIO~ )0 ,i'[!IU.SHIP n HfftT~. RANG(., ust;· w.~ .• IN IIING COONTT, WASl<!-~HO• OBCRIBED .. :::AS FOH?,lf-?, \'. .:.: .,,.,··,• ... ,,,,. COMllt,l/l:'iN6 H ™E S'o\.i-T~.w:fn CO.RiiER OF s.:·h SECTION to1 T~EHC( IIORTI< o·B'll• NEST H.o• nn,,·rHUICE SOUTH u•oj•s1•.Cul PARJ,Ji.EL ~·™-™'·-Ulj!.TH ll/1£ OF S~IO SUBOIVISION ,o.o) f[[T'.'ro TN£ /JiTER5£tTIOH OF•.°f'H( EAH.<HARGIN [lf'"iiNION ~YE 0'1\J[,/' .• L •ITH rnE HO~nt .-l'AR~IN or N.E. ~:1w,.sl"ll~ETs THUtE NQ!ttit O'?J 1.})' wB1;·ALOIIG S~IO EAU 1"tAIIGI~ r,e.oo nH,>Tht'fi:E., -· SOUTH u•oi•,1"·"£ ... 5T ,,~,{l rEH .1d TI<E £.i5'1,Lln Df THE ~!ST f1;..aa FHT OF ,:..10 .t ...... 51/BO!~ISIO• ANO THii llllll' POINT v~·o~GINHl'IG i'·'ol~I/.CC~Oclfl"i< !9'!)~l:1" H!T Z\:4-:·,. f[~,;!"To "Tl!{ •EST PNE 0-!-'"lliE V"ST uo.Q-6" rHT CF S~!O wfst ONE HA"L:F IA$ NE>ISIIR£0 Al,b~G 1HE • .SCUTS ~~~~; !~i;~~ ri ~!"I~~:~~;H T:"i°:~; ':~¢:$~~ ~1':~;;" :~s1~~~~~ N~A : r H ~~ J.~MR:~JI 5 ~~.r~~RTH F(£T TO )hlD [AST.fl.HE OF J-A'i: wtST~·lll.00 F£{'[ •. Of •• ..'i~/0 SU9Dh1,;::i~1 f1:'-t•CE NO~(.ft"o•n••l' ~::TJ ~La~, s~ 10 {AS't"l·.~~~y ,a. OD ~~IEf TO y·rE" TR~~--~~~ NT DF 8.~f lff~IN·~·\:· • UH PORTION OT TH[ lirn OHE HAL• ~;:,r11~ .sourn11..:v QUMt.;{ or n<{ 50UTl!Kf~·T QIU~TU o, SECTION 1D, lOWIISKIP z, IIDRTH, RANG[, ·o:~r.··;, _ _,f., IN ~J-~G co.u~·n. ~ASijlNCTM OfSCAIBrn Ali FOLLl1WS: ' ::" •. ..-~- CO"IIUCl~C H TH( 50IITNHH CORHEn o, HIO HH 0Hi'ilALf1.,tiu11~r HoA'rli o•,s•H-•HT •LUH; ™I un ll~E or HID nsr ONE HALF •i.o, FUl TD THE"-~Ol!Tl!,PIARGlij OF JI.(. •TN HR(ETJ lWfNCE HORTM Ql"D1'U" IIUT ALONG SAID NOR'l"H M~~~IH 1,':~· ~EfJ lO THE wE5l LIN[ Of T!IE OH JLOO FEET Of SAID 111:ST O"E WALF AHO lliC TRUE POINT Of 8EOIHHING1 r,.iHC[ CONflHIIING HOR"llf se·u•H• W[$T ALOHG 5~10 ~OUH 11.AR;IH IH-~• THT TO THE HST LINE DF TN~ EAST l)0.00 FEET Of 3AIC IIHT OHE HALF cAs M[AlU~EO ALONG THE SOUTH LIN€ TH(ll{Ofl: TNE~C[ NORN 0•1t•n• MEST ALONG' H!O HST LINE 1•1.n ~E(f TO TNE SOUTH :,11(£ or NOHH IU.oa fUT OF 5AIO •EJT OJ.'£ HA~F OF lNE JOUTl!HH QUA!tTER o, Tl![ SQUTN•HT QUARTER or tHTIOI< 101 THEN~( S~UTII u•11 •12• EAH ALOWG s••o 50UTH L IJ.'E 2.n.u Hn TO THC EAST ·:-1..IWf 0~ SAID wrn ONE HAlf ~~ Tl-!~ 50UTH~UT QttAATEA CF THE SOUTilrEn QUARTER OF SECTION 1~1-·T\IENCO SOU"Tll 0'16')9" EA.ST ALONB SAIC £AH llNE 211,~1 fEH TO A ~OINT ~Hltll IS ,~{,0"11 ,EH F~OH SAID HD~~ ~l,~GIN OF N.E. flN ST~HT !AS llfASUAEO ALONO SAIC EAST LINrl1 Tl!i~h NORTH·~·o21,e• ~UT .OARM.LEt 111TH SAIO J.'DATit MOJIGIN n.oli HET TO HIO ~EST t I Ml Of.'0lHE EAH·.~·,-.'11~-fHT o, SAIO WUT ONE NALF; THENCE SOUTH a·l~'H" E"AST ALONG 5AID WEST _1:··lHE •H-~/1 fHT t~.-l'l<E TRI/E POINT Of HCINNl~O. mH&~HT o~:h:;,m':li-~-n .:'.,.··· ·····:. .... ,o..:~1t1to A·t10 ,v•~cr\>1g ,,.,s:1..o.o.v oF~;,,~B.!-'." .,. ,i.,,~ "i'i"' .,·· ·~""" r .,-,, ........ . :: ~,ii cc:i. TJ issoR .... OEP •::•=~ ..... ~ . ,:_~l~/:~=~~.l£:11·: .... · L6°T LINE;.Ab"J-U.S;l'MENT iRE~A~E'.0: "J""' BENl'OT/. MULTIVEST •' ·-'·---·~-·'···' .. N:t:c UNldtirAV"E-.N E &:'NE 4,"fH·'st 1917 ~".r !,t't:, /t:-;._.~G~_I\ /?'~(::t:: -~· '·, ·,.;, '¥A ._q,.: : :,. ' ,. ~ . , ~ /0~ OH w \\ ::,: ,l_, ,,< cm1r1cH£~11m • ~~~"')., .... ~. ·•; LOTLJNEADJUSTMENT '\,'•! ~if ~,,,_ ~---;.~:~~-~~~ .---~ .. RfN'Q>I AING cOU11rv,,· WAli>IINSTCII . 8USK,SO~D.-l'l<ITCHINGS,.-/NC., P.s: C/Vll ENGfNtERS &.!::.ANO SUAVEYO~S· SU.TT~. W..S~l~GfOII .. . .: '.11:><1« 1· • 1oo·JJ;".;:;:-2B,i932r~eM.A J ~"" B"20<6:A_,: 1, I { . . . ~. EAS":MENT KNOW ALL MEN BY THESE PP.ESENTB: 1111 Ofon10l(Q), "'"H8'0y gran.lB a perpe1ur' aeserMri! to Paclllc Northwo$J Soll To•;,· "l~M Cl)rnp'lflV, a We11h!~1or. 0:JrtXlrJitlan 111;1 ~ra find IID&Jom,, horeln ... l•er 1eforr1Y.1 to uri Granteo, ,,./Uh ,o rl9h1. p:;..i1a.;i(l and aut:-tcrity !O plo<:e, cer,~· 'l rt1eln:a:tn, Jnspe,~t, rccoritl>'UCt. ,ep!l:r, rtp1.cco, timovo anc 1&1) ob'..!f!r:.,<1!1 t:l!:l~r lrom P."tir.lee·s fsc llllloe cC>!1Bln lln!l cl ___ •.. _ UndA::C,irt ,md o oornn n, on "t j ri:i;, 1 i o~Q..O-fvt,.J4.-{.--------------·-·--------- er .1 ou,,, •PDUTlllflflllq~ JI thtl Grantos may 1, .. • ·....,a 10 time ,equlre ovor, t1cr0t,.i, upon ana un.::1ar !ho 11ero1nr.lil~1 ~,;.r,r~ prop,,,r;1t!uDI~ In ~ 11( __ C.xin1y, Sir.le o,_ 'r.'at1.hi 0 i~~ _ ,.,.d 1, ij,,ec,tboda., lollO'Ja,>A r: ., The '\fut {w) 'l'en (lO) hat of ibe South (s) Thi.-t;;-tiv{I, (35) het., Also the ~,)utb (S) T,on (10) toet of ·f.he follo"Win!I' dioiscr!l--etl Pa.=.·.:il!l III That portion of tho Wnt One-half of the sonf.h,rt!i:1f, Qnl'lrte,. of the So-ut.hvest Quartvr of S&otio1J IO, TUW'Qehip 2J Northt Ronge 5 F.,sst.rW-M,, in KJ;na Con.nty, W~•hinJton de~cribed ns Jollo~~! Conaonain; at the Son·bwut noruer of t1oid ric>c:tfon 101 thence North 0° 2,• 13" W'Ut 412.0% hat; thl!ntie South 8311 02' 51'" 81st pnr11illel with the South line of •~id ,ubdiviaion ~O.OJ fee~ to the int.ar,~oti~n ~· of tbe F.ot 111u11n of Vnion Averme N.E, witi. th~ North margin of N.1:. itb StreetJ tb&J:J.ce North o• 25' 1'" \(eat along aaid ~Rt mrgiD 1,s.00 feei.J then~• South 138° 02 1 58" East 1~2.12 fe~t to the Ea1t lJne of the W•Rt 182.00 feet of •Bid ,ubdivieion nnd tbe true point of h(-,!in~i~~I thence North 89° 4j' 21 11 Ea:t ~H.6" feet to t.b.e lt&at line of tbe Eiut 250.00 fee-t ot oa1.d W'Bat nna holt (u Pletieur~d alons th& SO"utb line tbenc.f) i th~l'\OO S,rnth 0° i61 YJ" ~11t. 11l~n! l!'l!lid weat line 166.), feet to 611~~ Wort.b 111111r1in ~t N.E. ~th Street, tb~nae North 88° 02 1 58" Weat al>nc ;)Sid NDrth llli!!t,rgin 214.%1 tcet to ,aid r.i..~ line Gf the Veftt 182~00 fee~ o~ aaiU Subdiviai~n; th$D(:;~ North Oa 2,, l)" Ve!!t alDng 11&id Ee.at lin11 158.00 feet t.o the true p-o1nt. ot beginning:~ ft0985 Granzt ~ the rloh1 lo UH lhe ee,~ent lor eiriy pufPOMtt! H long as nol l~!enl wlth 00! l!ln Int~ wfU\ 100 ~11fanled0,eritee M11M. Toe ngh'ts, corx,uona and prO',,'lsJoot pf 1l'J11 BM(l(t'l6111 ih:1111 KTUre to \h.i ooria1J1 ot and M blr.dlng tJpon tho holra, i,xo,c:ulotll, ttnlntllratora, ~ DndllQJonaof !ho reapgctfva,r,ertl!,a. heroro .dcrs:lgned hltfl executed IN8 lnal,vmsr; lhl5 _L,1:".'/~4.'=·9''fl' ti.11,J "' , Zl ., 111)',itf '~;!l!l()J~· .. ---·, ... -, ""'•"' __ llae.>JSh1tliln~911t-,.QU1Qc_______ } n orio11~ Ki no _ 0., !Nl"dtor • .,.,.li'o' ~r('rl t,..,+"t,rj rr>e lilil,ili np,;;c 4U :_:,,. H,t. $ 2$-•c ?~_ 1::,..t:J i ·;·""":.::c..c•~-~·· __ .::_ __ _ kTOM" ro ,,., ir, Da tin ~ .....r.!, •~ttutM lof~!m,;trumi,l'IJ ani:: 4tknow'l~,l'l•I $-hf. •IQ!'lltO a._.pm.11:4 _ _.h.gr l•"l'fl•ndvnivt1,,.ry,r:11·111~iw.: ,o, 1he~l'i'!dou~1uo,.,,n""""11(;nootd ... .n... St41eof Wasb1 n(lt4IL_ -· -r,w· \.. ~--~---- t E J -·-·-.. ~,f I ' 1. We Address cm OF RENTON TEMPORARY SEWER SERVICE AGREEMENr 83,.0( .. •'0~ #071£, o RECfi f .3. OD OATE Aprif~!j'~''t9s3 *''''''''• oo Union Square Partnership I owner{s} of N.E. Corner-Unfon Avenue and N.E. 4th Stree! Renton 1 Washington 1968 Sewt~ P11qot o,-·:,,g, £1,1ite k'2]8 Re:11t91,, \lasRj11.gtrn 98055 ~ ' legally described as follows: Thot portion of the West 1/2 of the SW 1/4 of .. the SW 1/1 of Section 10, Township 23 North. Range 5 East. W.M, 1n King County. Washington described as follows: Con-rnenc;:fng CD at the SW corner of said Section 10; thence North 0~2s 1 13h W. 42.04'; thence S 88°02'58~ E. ~ paraJ 1e1 ~1th the south line of said Subd1v1sion 40.03 feet to the intersection of the East a,; H,,rgin of Union Avenue N.E. with the North margin of'N.E. 4th Street; thence N 0°25'13" West a.long said East margin 158.00 1 ; thence 5 88°02'58 11 E. 142.12' to the East line of the West 8 182 .00' of soid Subdivision and the TRUE PO!IIT OF .. SEGINNING; thence N 89'43'21' E. 21'4.64' C> to the West line of the East 250.00 feet of said West 1/2 {as measured along the South 1ine &5 theteOf); thence S 0°16'39 11 E'ast along said West line 166.33 1 to said North margin of rt.E. 4th Street;thence N88°02 1 58 11 West along said North lllf.rgin 214.41 feet t1J said East line of the ijest 182.DO. feet of sa1d Subdivision; thence North 0'25'13" West along said East Ji-e 158.DD' to the TRUE POINT OF BEGINNING. for and in consideration of the Renton Sewer Department gran•ing ~ permit to Gonnect a permanent sewer service and/or main along the w,et liae of the above deacrihefJ property> in Union Ave. N.E. for the above pro)>erty. The owner(s} of the above described property, their successors, heirs and assigns, hereby agree and covenant to participate in, sign a petition in support of, and accept any Local Improvement District (L.1.D.) or City-initiated proposal, othg, th'\!l ~-\·P·• Y,d paybthe1r fair share therefore, for the extension of the sewer main ~g as ne O the a ave described· property. when required by the Renton Subdivision Oi-dinance; or as directed by the Director of Public Works. IN WITNESS WHEREOF I (We) have hereunto set 11\Y/our hand(s) and seal the day and year first above written. STATE Of WASHINGTON ) ) 5S J James L. ~gstadt, President Landon Development Corporation ~:: • a Notary Public in and for the State of , ~hereby c~rtify that o!y] persona ly appeared before me b. !::1. ~I ~ . · , to me known to .~e 1ndJvj<h,a1(sjd~scnberl thin inStruffi t and atknowledged that ~ signed ~ free ·nnd voluntary act and deed -"-c-m-,e-n-t~i o-n-'es,d:,.._,.......~------- WITNESS 11\Y hand and official written~~ ir.f."'1,,,,-' . . . ~11,7-,,~ .-_ . . . ,,.,. . i' . \ seal the day and year in thi~ ce~tificate first above i I I L F\V': f.,;1>,:·'. ""'··. 7 .. ' -·,-,: .,) : ' / \<IHERE'AS , De.Lbf>.rl C • Dennett aril his wife Bette Be.lme. t t , COrp:.1rat:icn, Odys92Y bewl.cprent C?rporation, Multivest L'ID, arrl King COUflty Water :listrict No. 90 are the o,,.ners of the follOW.l.119 real p~ in t.te city ..:i.t Renb::ci, Comty of Kir}(j, State of Washington, descrilied as follows: I :'i 1· 83/Q?/2? RECD F C~SH.SL 11099 B 6.00 PAKD., A: The West Is of thic Sa:ittn,,est \ of the soutln,,.>ast la; of Sectioo 10, 'I\:Mnship 23 Nxth, Range. 5 E:a.st, W.M.; ~ toe NorU, 5~ feet L'le...-eof; NIJ ~ the 7'"'€.st. 3G5 feet of the So.1th 6 5 teet of the North 694 feet thereof; rom EXCE:P'I' tlle Scuthel:"J.y 629 feet of the Westerly 396.4 feet thereof; AID '.EltCE1'l' that pxtj.on there6f des:::rfred as tollowso : 01 Beginning at a p:,int 30 feet North of ~ Southeast horner or said West -ls" . g;' Of tre so.rtJt,.,est. % of the soo~st Ji of said sect.ion 10; thenee West 250 M feet; r,. thence North 436 feet; .· ~ . tnel"x::e Fast 250 t:eet; : 0 . tnena. SOUth 436 feet to the µ:,int Of beginning; . C') NID F.XCEP.r" the nast ,Sootherly 42 feet thereof fOJ:" S.E. 128th st. as OOYeyeci : <O to I<lrq O:unty by """"5 rec=ded under Reo:JrdJ.ng Nos. 5741040 ar,j 57410'4; -\. ~ "°:'' tho nest: liesterly 40 teet thereof far Union Avenue N.E.; '. '!'hat p;xtioo of the West i, of tne sout:mest. Ii of the Sc\Jthwest ~ of secticn · ':::J 10, Tor.nsn:ip 23"North, Range S Fast, W.M. de~ibed as follo.-:"S: '() Beginnin:J 42 feet Nort1:J aoo 7::J feet west of tile Scutheast oorner of sald We$t . . ~- ; ~ t.~ West 175 Fsei:; : tnes-.::e North 424 feet; +++,t,6.00 22 _.!) thaBoe East 175 f-; , ·..'l tien,e SOOth 424 feet to tl1e p:,int of beginning; iu1 .Ji-. -: 2 .;.; / -PJUCEL C: I~ Tb, :East 7S .feet at the following, :Ii~ i"! •:.: ;:.··. ~ ::ii ,.;rf', .Ji RF(;...,~'.'. .... :~H.:!t("i'i~ .. ·,..:.,.:-:. "';);3'1¥ I Beginnm3, 42 feet North of the ~theast o:irner Ot the West ~ of tile ~ \ . \-of the ~%of SecUOl lC:, TO,,m.Ship 23 Nort"h, Rarrye S £=-.Et, W.M. "'jn Kina o,,,nty' 1'as!tingtxn ; j the=e Hest 250 feet; ~thi3loc North 424 f.eet:; ti2rce East. 250 feet; "-':-=:·. \ . ~ tJEn:::e SOlth 424 feet to the p:d.J"Jt of beginning; p.;,JO:L D: n>e ·West 175 feet of the SOJth 6.22 feet. of the .East half of tne SOo.ltJ'n,.est quartei: of t.he southwest. quarter of Section 10, TO,,.nsh.ip 23 I>,octh, Range 5 Fast W.M., !n KiJY3 COunty, wasi:'~"'lgt(:tl; =r the =th 42 feet -=-:;oo to King eounty for mad t,,, deed :ra:,:-_"Ufd under ~ No. 57'):..:505. Situate in tJle City ef Rentoo, c:::t:mrty of King, State ot wash:ingtpn '.rie SCUdi ; of tl2 nest ~ oi t1)e East ') oi the Sa,Jtt,...est quart.er oi "the scuttr...est quarter of Sec.tica1 10, 'roo'nship 23 tbtl:h, Range 5, East W.H., in King CCunty, ) Washington, ~ the South 62.2 feet of the West 175 teet, and e><cept. the . 500th 470 feet t.'>,n,of. I i i i I ' \ i ., ' ..,d"'~ wi.t.1. an ea::,.i,:.11-ent 1gress a.rd egress 15 foet in tne width across ,,,,{r arrl UfOn the West l:i of Scutheast. ~ of the SCt,.1.thwest quart.er 'af th.'! &.u~st quar~ ot said Section 10, the center} ine ot \lrluch is des:::rilied as folla...s: Begi.nnl.119 at the Sout.'lweBt ~ at said Secticri lD; theoce So.1th BS' 02 1 43_" Ea.fit: a:.n.::;.a feeti thence North O' 17 1 32" Weat U fee to the p::iint of ceginnj_ng; "tIY;r,--"e '.iorth 0•17•32" West 560 feet to too tarminus ot said line; except tr,.3.t p:irtion l:rereof ircli.ded in the herei.nab:Jve detcrilxd rm.in tract. Q'j T~ So.1th L50 feet of ili:! We Est half of ~ ta.st half of the So .. rttn,.12:st ~ a"J of the &:>..1tllWast quarter, Section 10, Tr:.mship .U North, Ra.i,ge 5 t:ast, W.M. 0 in·:King Co.l."lty, Wasl:ti.ngwn; f:!' ~ the W..::::.t 17S feet; ~ ElCEPr the sooth 42 feet oonveyed to King COOnty under King OJunty llecording O II:>. 5 738286. ~ PAICEL G: '1be t'klrtJl llO feet of the SOJth. 36U :feet of tre 'West half of tte .Ea.st half of the sootbwest _,,_ of the. sooth>.est quorter of Sectinn 10, =ship 2J North, Range s East, w.M •• in King c.n.mty, wash.iD:ttcn; EXCE:Pr tte West 175 feet thereof~ ~ with ari easarent for in;Jress arrl egress of 15 r.eet in width over, across an:t upc:ri the follo.,,ing desc:r:ibed real estatP. m Km;J C=nty, W.slringtai: over the Sooth 2:10 teet of the West hall of the East half of the scutl'w:!st quarter of the SC:utrnest guart:er of sectirn 10, 'J'amship 23 North, ~ 5 F.ast W.M., in King Co.mty, washllqtCJn, ~ center~ at which 1.s oef:ined. as follows: ~ing at the SouUno.est. oorner of sa..ic1 Section lO; thence S::,.Jth 88" 0.2'-43" F.ast B2l.38 feet; theoc.e North ci• 17•3~" West 30 feet to the point of ceg'jJlr\jJ'g; then:::e North 0' 17 1 32" West 220 feet. PAfCEL H: Th, Sooth '70 ieet of the Sarth ~ of tlle W,,..st ~ of the East J, of tl>e ~ quarter of the SCXll:nwest quarter of sectiai 10, """1s!tip 23 North, -5 :East, 14..M.. e in Km; CWnty, ~. EU::E?l' the West: 175 f~ trere:if alXl EXCEPI' the Sooth 360 feet thereof,lu.d :flllliJ· th:. Haab 98 .Eczt.. ei ti,c lbttls 60 fed: ~Je!.wf. Tcgetbe:t with an easeuerrt: 15 feet in width :tor roadl.a.y and utlit.1€s n...'!rOSS, o,,ier and tp;:a the WP..st. 3, of tlE t'n""J-~theast quart.,,::· of the s:ntnwest qi.!.i.i..rt.er of tbe Soot:bwast quarter of said S:ct:.icn 10, the eenter!.:ine of \tlidl is des::ribed as :fcll.Cfl'l"E: Beg-mn:ing at tba Sa.ltlbieSt cx::irr.er of said Secticn 10; ~ Scuth as-oi• U" F.ast. l:!21.38 feet; tnen:ie lcrtl1 D9'17'32" West 42 feet to tbe _lOiJit of teg".:iJJn.ID3'; ~ 1'kir""...h. 0" 17'32" ~ 580 feet to the t::eJ::m:iius at sai.d line; ~ that i::ort:ioo. t~ :inclu:Ed in lEre.:inaJ::o\. Cles:::r.ibcd IlBin t.l.'ac:!t.. {Tax lot 333, 1n sect.iao. 10, T.cwlship 23 North, Ranqe 5 Bast w.M.) Building Setbacks for Prjnru:y stqp;ng Cent& Strn;,nu:e FUture expansi.oJ) of a pr.iJiax:y ~ center stnx:bJIE ea.sbm1i fran t.he Safa;ey store S1-31l provide a ~ line that is CQ'IFl!tihle with a unified <h:gdl<J oe,te 'eve!.-awroad>, 1'lule pl>'.1Viding anhltactura.l -&esign flexibiUcy. A m11UJ.uD tm '(10} foot wide land.sca.pe .toffer ~ with 1 Sl.te i:j)::;curing ;fence shall be p:mvida::I a.laq tre N:lrth ~ 1 ine, and a roinim:m ten { 101 foot w.:..de .lamscape: b.lffer shall be pm,.,j.doo a.kn:I the &:1st prq:ert.y-line. 5'J::::tt buffers sha..Ll re instal.le:i as part of site aevelaprett cx:ris1.sten.t with the -of site ~ ?"-"m:i. If adciitlroa! prq:,,rty to the Ea.st is ~ in the sq,pmg cent,,r cm:ept the Easterly blfter nay be JtDYed. Eastward cnisi.stent with strl1 p)t.ential future expmu;ia). I ! i , l --1 I I ·' / / · Theoe covenants shall nm with the lMrl arrl e-->:pire on ~ 31 1 2025. If Q') at acy tine iJrproveme.nts are inst.alled :,AirSUant to ~se covemnts, the µ-.....1..i01 of the o:,,..,cnants perta.:irung to We spe·:if 1c installB'..t iJrproverents as required by the Or;i.rlnan::es of the City of Renton shall tem .rate wi:th'='lt neceasity of turther cb;:un:entation. key a:ne.Ql'ents or no:l.tficat.i.oos of this agraarent shall be valjjj only if m.itually agreed """1 by tile City of Renton an:! tne Oi ~crs (inclua..in3 reirs, suo::esoors, and assigns to tte owrersf in writing 0 M rurl recordai with the K:in;J co.i.,~ Department of Beamis and Electicns, I' N ~ Pro?£!r kga1 ~S ln the ~io:r Co.lrt of K1.ng County may 00 instigated CO f1J eith:!r the ci1' o.t Renton or any prqiert:y a.mers a.ojoining subject prcperty ' 1'iD are ~y a.tfecteo by any via.I.atirn or breach ot ~9::! restti.ct.ive --0 ~. PeasJnable attorrey • s fees l.l'lCLJ.Ue:l during an enfcm:erent pro::.un.i.ng will be tx,n,e by tne µ,rtjes "= the <DUrt deteDnines are in error and et,all be ente:red as a j~t in such act.icn. ' . 1'. State of Waslingtxn) 5rATE Of WASHJNGTON,l S5. County oI r.; r,1 { Oa tl-.is 30tti day of March , J9 83, before me ptr.sm:ially appeared Cheryl A. Henry LD me known to be the individU&.l 'l'fbo cxo;uta:I tht: rmqou;g fmtl'UIIJo!tit as ,.\Ur:,rttey in Fact fot Delbert C. Bennett and Bette A. Bennett ar.d ~"k:dgt,d lha1 Slit" signed the. wnc a:; her [rtt and volur>Ury act and ~ as AJ\on:ity in Fact for said priJ,dpal ff:lr ,!fie m,:;s and plltp!l5t!, lhtJtio ~tkmed, and on oath stalttl I.bat the Pown ol Atloroty a11lhoriz:ing tbt: e:ux:'lltioo of~ inarmrQl bas not beem m,oud ;md that sa.id principal is now foing and is not insane , ACKH~D5MbtT-ATTCiRNiYIN F-~ Flfl&T AME~ TITLE CCMPJ.NY WA-47 . Notary Pd:alic in ani for ~ S1:a:tl! of ~, residing in----- ..,:~':...:::..:,..~,---------- I \ I l r ! i ! i ,. •. - .,, "ff -11 I~ [' ~(;! __ day 1 ~~, ·19~, beforl! rre ferso.nally appeared 1.:£: representative uf Lar.dlTI Devel~t Corp.1 trie peroc:n wtn executed ,.,.. the: within am fm:eguing instJ:Ulf>.nt, an::i ack.ro.rledged said instnnent to be the f.r:ee WYl wlunt.acy act arrl oeed. ct sa..ia pe.rs:n fo:t" the UBes and :i;:urp.:ises tre.""r:ein mmticnerl. IN WTI'NESS WHBHmf'' l ha.VE ~to Bet lit( harx1 an] aftixed my offical flC41 the a.ay bro year for the alove written. On this 30'lf:: day o(~, 19 /3, before ne f"t,ma.l.J.'f _.., the c;:oz;pcu:-ate ~tatiw o= Odyssey Develop.rent corp. , the per:n, ~ executed the within am fom,oin, instn>rent, and adJu<J.edged sai/1 inst:na<tt to be the free ar:d volnntary act. ar.tl deed of said perfOlS far t:ne uses an1 ~s therein nent.:kn:::d • Jll llJ:INES.S """""1F,. I h3ve t,ere,:,nto ret n,y hand and aff!xe;I "" offlcal seal tie my ard year for ta:?' ab::li..e writum. On this _,.,_.,;:..,~/),.__'ti, ____ ._ aay ot,f!_~_ 19 _{J_, l:efoce"" perswally -- the Cmp:Intte ~ve of ~ti-wst ~t o:u:p., the per~ W10 """""""' the within am fQn,pmg inst:rura,t, am .-,,.1egea said instnm>ant to 00 t::he. :b:ee ard mluntacy i::1Ct and deed. of Slid r,ers:n :tor the ures ar,d J'l,...,... <here.in -· IN \tlCl'NFSS \iBERiU'. l have hereunto set Ir!{ ham aIJj, af!bced mf off :ical seal the Od'j am. yeai for t:he an::rve written. l _/- _ ___.__ POU~ POWER E.AS-EMENT OR!Gli\lAL For ~ntl in C(ln~itl,•r:11inn or 011l" Dollar fS 1.00) und mh.:r \·.iluilbk i:flmid...r,uicu1 1tw fl"cl"i111 1>I whid1 ii hc1d1y adno11·kdr1:J. RAX Rf.:STAURANTS, It~., .an Ohiu corporation, 1·unn111r· ht·rdn). hrrcbr grim,). rflovct's .ani.l ll'llfrJnb lo PUG FT SOUND rowr::~ & I.ICHfl COMPANY. 11 W:i~hinglon oorror.ilion·rGnn1ct·· h<:rci1;), fur the purr,,ics herd nafttr ~I fnnh. n 11rrpi.:1u;il t·ase1r1l"1tl 1>1w. ;icmss11nd t.indnlhc fnllowin~1Jtscrilx:tl n:al_rr,,pcri~· {lh1:-rn,pl·r1y· hcrciri) in ' ('oun1y. Wa~hin.J!lon: See Exhibit "A'1 Attached· l % [~CJS[ T/\'.\ NOT RE0UmEo King Ca. Records OiYis.ion By J) f?.e._,j,__ , Depu!J E.\~PI ;i.i. may be oth('hrdse 5CI forth hcrrin Gm nice:"$ rii,:hts shall bc t"xcrciscrl upon 1h01 ro11ion or 1hc Prop~ny \lhc ·Ri.thl-of-Way· hrrr:iri) dcsnibcd ns follmn: ,\ Right-or-Wayw feet in wid1h h:winl! · rc.,1 !'f 5uch widlh nn each 5idc of a ctnltrlint di:r.cribt.'d :u rollo~"li: The centerl!ne·of Grantee's faCilities as constructed or to be constructed 1 extended or relocated, lying within the south 35 feet_of the above describeO Property. FILED FO?. F'!E:ORD AT REOU~ST OF: e: . ....-o.-;. 1..:. P'JGET PO\.'\'En REAL ESTAiC DMSION RECD~ CASMS ... 5.00 >!-:oe-.,1;,,-.5.00 PUGET POWER BLDG. . . .-. BEUEWE. WASl-tlNGlON fflXJe 22 ·ATTHNllON, GEORGE LEIITKANTIT/IAM I. l"urposc,. Granl,:c :ihall ha,·c, t~ ri_glll 10 ton~1ruc1. opcra1c. main1a;n, rccpnir. repl11rt an,d ccn\arg, one: or mor~ clmric lran:,;rn~ion and/or dis1ribulion lints O\"C"f and/or under Ille Righl-of•WQy tOg~hcr Willi all nc:ccssuy or - convenienl appur1triana:I thcn:to. whM::h may incluclc bul ;,re ·no! limiltd lo the: following: a. OHtbead (aciUlk:s.. Poln and/ or 10111tn wi:h no~m». bmcr•. gu~ and ;mchon; tkmk IT11J1lmission arid distfibulion lines: commuciic-alion and "1gr.11l linc,: m1.nsforincrs. ti. Unckrpaund bdlilies. Undni;round cond11i1s. tables_ ,•aults. manholn, switchc,; and 1,ansformcr..: scmi- burn:d or ground mounted Cacili1ics such ilS pads. 1ramformcn: and swi1ches. Fbllo'll,ini;lbcini1'21t tonstrtmion oritsfacililirs. GTPm~ may from lime 10 lime C"(lnStNC1 !>Ul'.h addi1iomil linn and n1htr focilili~ as ii mar require. 2. Aa:css. Gr.mtn:shall h::iVc 1hr righl ofocn:;:; tolhc Righ1-or-Wa)" over ii Rd aero» lhe PruJl"rlYIOccneblcG.ran1ee lo Clltrciic lts righl~ hcm:indccr. provided. thal G:raotcc:,hahcompcn!k!l~ Granlor rOI" any dam a gee 1,;:,1hc PrnpC"rt)" causccd by 1'1c c:tcrcisc of said rig!>! or aocc:ss . .l. CPTtJ.r.iJ ofTrotG.. Grilnli:-r .1hall )u1v~ !he rish1 loc:u1 or 1rit11 !In}' and all b~h 0/ lrn:s slandin; or gn;m"ins upon lhc Righi-of-Way. and abo 1hc-ri_glu lo cul or lrim ;m),"' IJCC!, upon •ht Propcn)' whkh, in falling. could. in Grunlt1:".s. re~mnabl<'judgmcn1. be a han1rd 10 Grant~·s raciri1ic~. 4. Cnnto,'s t:se of Ri~l-ol-War. Gr.in1or J"\'SCO't"S 1hc ri,gh1 to us.: the Right-nf-Way ror nny purpoK 001 inc-onsi~cnL with lhc ri!'hl:1 herd ii ~rJnled. rro\'i:l~d. lhat Gr>1ntor ~hall nol cr,n,;1 ruct or_.mainlain any building or 01 t.,·1 .:11,urturr on !hr Riihr:or-w .. y and Gr,101 or sh:ill do nn bl:i~ling wi1bin JOO fi,:! r,f Grim1cc·:1 r:iciliLits wi1huul Gr.lnlct·.~ prior ll'riucn ,:o,>n~•·ni. 5. lndnniill)". H}· illcrquirii;. :ind rccordinl! this ea:stmcnl. Granl(C a.~rcts lo indcm,,ify and h11ltl harrnln> l;r.inlor frnm 90)" and all rlaims fo;-injurio ..Jnd o, da,..·ag.-s ~uffcrcd by an~ person which m11.y be t'"d11S1.·d hf lht· Cira:11cc"5 c-,;crci~c 1,r th1; ril:"hb hcrl.'in gnnh.-J: prn,·idcd. 1ha1 Gr.ii,1c,: s~ll no\ be 10J>0ri~ibk 10 Gianlnr for ariy injuri,·s u!ld · cir .Jam;,~"-"11' Jn o111y pcr..,m ,-.,1>.wd h_\ ;1cl!> or t•mis.,inns of Gr::inhir 6 . .AbandoPmml, The riGhi,; hcrc:in grnmcrJ ~J1«1! con1in11,· until .,uch 1imc a~ Gunlcc cca~"SIO uw 1hc H:i~h1-uf-W;..,)· for a pc:rind offn·c (SJ suCU$~iw~·cao;. in u·hich crrnl this ct11cmrn1 ~tl~ll 1crrnina1can<1 a·ll fi[;hl~ h,:,rcuntJ •. , ~h:ill re, ,·rr 11, Gran1or. provid.:d, tha1 m1 abodonrnrnl ~hail bl' dumcd 10 haw occtrrrcd hy re:ison or <iram,:,..•"s fa Hur,• hl ini1i;1lly in~la.11 ib fociliti,~ 011 thi.-Ritln-or,Wll)' wichin .my rcriod or iirn..-rrnm 1hr d~1~ hcr.:nr. R-i810 783BS9 1NJ') l-11 KJ-44 235/39 1 ·- ___ __._______ - i !iu,·..-r,,nr ~nd As~i~ns. I h,· r'•i:lu.< ;:Ila! "hli:,:011 i"11", •I I h,· p;,n;,., ch;1!1 m1u,· T,, 1 lw h,.·r,di1 ,,r .111,I h,· hi ,ufiui 11 r-,ni lh,·ir rnf)L-t.'l'.i,,-~\ll'~c·,-,"r' :wd ;""'i!!I,. Ua~ ,,1 __ J='~'~[ '~/-/ GRf\r,.'TOH ~ or WASHINGTON I --....--..... ss C'OUNTY OJ: ) On lhi1 Ja~· , .... mo11111lyarrie •fon· me Lo me lno,...·11 In ht lhL' i111Jii:idual --ih,:d in and who """'111cd 1hi• "·i1hin afld rnr~ioing inslrumcnt. ,in.J aclno11·[cdgcd lhal ___ i;jJ:!nnl thl' ~Ulllc ;is w a111J \'olu11!ary otl :and d,:~d for till.' u,t5i.1Mll r111rp0$,:~ 1hrrdn mcnctionctJ. E OF WASlilNUTON On thh day ptnonall)' appe fore me Hl me known to be lhc individual__ ibcd in aOO who cucu1cd the wiJhin a,1d foregoing insirum,:.rn. and :irl.:nD\\'ledgcd 1ha1 ___ sisntd lhc sarn..-115 ---and voluntary act and dttd forlh~ 11i;ts•nd pl)rpl>!ot'S 1~rcin men1ioricd. • - EXHIBIT "A" That portion of tl1e west half of thP. SouthW"eso.:. 1uflrter of t]:1.~ southw.est quarter of Section 10, T°:wnship 23 NoI""th, Range 5 East, W.M., "in King County, Washington, described as follows: Commencing at the Southwest corner of said Section lD; thence North 0"25 1 13" West 42.04 feet; thence South 8BD02'5B" East. parallel with the south line of said subdivision 40.03 feet to the intersection of the east margin of Union A~Emue N. E. with the north nlarqin of N.E. 4th Street; t.bence Noith QD25 1 l'.":i" West along said East margin 158.00 feet; thence South 88°02'58" East 142.12 feet to the East line of the liest 182, 00 feet of said subdivision and the TROE POINT OF BEGINN·ING; thence North 89°43 1 21" East 214 .64 feet to the West line of the East 250.00 feet ~f said West half {as measured along N the South line thereof); thence South 0°16'39u ~ast along said west C') tD line 166.23 feet to said North margin of N."E. -4tli. Street; thence ~ North 88"02 1 58" West along said !forth margin 214. <11 feet to said «1 East line of the West 182.00 feet of said subdivision; thence 0 M North 0°25' 13" West along !iaid. East line 156 .. oo feet to the· TRUE POINT <O OF BEGINNING, also appeating of record as Lot 2 of Lot Line Adjustroe~t su:i:-vey No. LLA-007-82, filed under Ring County Recording ND. a'.207079005. , • .. l / i ·--··,-.. 'LI ,CJ GRANT OF EASEMENT (ut 111 t y) JS,•)(i Jinway Llmlied Partnenhlp, c Conr,ectlcut limited p,rtncr!hlp, K.a11ton Lui I n9 Corp. , 1 De I 1W1 n: corpo ru Ion Ind ~d iew•y Store3, I 11<corpor• tad, • ......,,y11n(I co1por•tlon, -tll h11~ln1ft,ar r11hr~cd to u "C.rancor'' ror ,1nd In ~ .. 1o1s. OCI :,.2 COili.] dcr•t r~ of t~ )l,lffl of TEN AND t,10/100 DOLLARS !~11).00) 1nd other good ,1nd v1tuablc corulder,Hlon, the receipt ol"wlcli Is hereby ileknowledgcd, does hereby grant unto The Llty of llenton, lm:orporatcd, Grantcz:, lu sucel!iucr~ •"d .usr!lni, • t~n root (IO') w· lc no11-c1tcl1,15Jvc caHimc:nt for the 111;ilntenance, repair and replacement of the c~lstfng two,nty-four ln.:h (2~") Stonn Draln;igc line !Creek Diversion Linc), bcnuth the surface of the ro,1tl propHty dc!crtbed on E;,,;hlbll "A", a.l~Jchc(I hcr,to arod made• part hereof. TOGETHER WITH 1hc riahl or 11e~uwy ..:tt"Sa f10111 th• wrf= of A\.J roal p,openy .,,d the liV)1 or nt~ !.iipu, ..wt ~a O"r<tr lh~ tdjannl ilnd of Grant.,, •• ..,u.in1b.: timt,s for Lile J>Uf1MJ1,< of u~roci,irl& lh• righu herein van1td. flr,.1, 1h11 l.!IY lruWI..Jtlfl, OJJl'r:alron, rm.1111,n;in.."t, r.pali or "11111:tm•III l'C'forir,,;d kn-und.:r Ull}J bt •I"° "'°t 111 Gnnlllr unlm ~"YHd lo In '*•ilint by Cr.rnlor, a.nd wlJ be 10 p,,1forlllCd ~ h1ln1e,rc1e i. llulc .u 1•=•bly po,.aibJo witb lhe .,. uid t$)'lll::n1 uf tho: ~ kscribnl rr>ol p1op,:rty :Mid C~[Of's 1dj1"nl Wld by pinora <>n:upyina !he: AUIC !If bwfally ,.._,i 1berni.,. To eff<,;;Lu.3te Lhia lt11cn1. G1,.,,1:c ihaJJ p,ol'i!k :uid ~nh.lq Ric Yehlculu ao,;l/ol: pc4Hriut bl~ for WI! try G~o1's Q.ISIOmim, ~mt>, employee :u,d in•i'"1.. v,llr,n: ~ to llllnlllin IU:Llllllbl• ac:i:eJ11 11> Gwu~'$ uorc and pa,kinaL Fol; i,qd Ci1:anl=c ,ball kr-c:11 lllr: ~I Hcl Gnn!OJ\ ~I a/1::lol rra: of eqllipoi,,11t and n1.Uer:bll ,1 .all time:,., oc,;pl whnl. wormlt:n "'r ;w:tndy wollinc in !he, Qjj:.,i:-nl ;n:o. ulllm Cra,,101 ,itv.:s its priDf ..,r;u~a COll5ttll !Odo olho:rv!a:. Second. if Ill! >Un= d !he ni~nT u,4/ur A.ITT~ or Gn,u,,.-·1 ~I rAI P,Of"fy urJ/01 u,y lm~~ts ~ dull be disn,rwd by lnltabtion, ,>pefillliun, rmio~. T•ph or npla,.-anail, lolJd sw<~ 11>d/o, lmprll'nmrnls i:haD. bo, p,ompl]y n::ztan,d by Gn111tt l<1 lhtir Cl><Ul:ilk,n jlls.l frio, lo w.:b di,itw~~- 11,ird. llw .._,, .<hall be no IW;,Dily 011 G<u101. lls iuCCUIOl'l ill!d mlp:s and jWISOft$ om,pytrc or bwfully J""""fll"" 11:r.t ,,..,_I.,,.. [OI ~.If .ny. V.-lcil m•'! l:oi: CIU!ed by 'lllfmal and 1j:Dql;lblt usr: or.or~h.labrur p,!:k,J.Ti;,,,laf/lf;: Oler said 1:U.111C11l uu. ~ 11i:inn~ ;uid tt~lc-Uk m:,y lncllld, Ill<-pul:Jna ohd!Jdn OJI i;aid -.ic11t ood lmwblion. open.lion 1.11d llllill"naa of Jbnda,d p:ukJna Joi lmproo,ea1r:ot1 i11cludinJ Fnrll, bumper curb,., liahl sbnlhrds md "'ripUli,- faurtli, tbu Gnn1e.e htthcr a,;nzi ch,11 ii wlQ pc:,im.11 nu mo,;ti.W<.-,,'. m;iL~'• or DJ.br:i liens 10 •t.:ind :ap11111 CranlOI'~ pll:ll:t,Z><:1 fe>t ,..,...k 11, rm.11:ria!I fU(llished Gn111HUl,:,:,.nnc,;1ion "'11h ~-I p.u,lod bnein,1f\d'GJ;ui1cc, agr-. 1at&ld=mifr7·; held Gtao101~rrom lhr :i.ome. f~. that• c-: .. 1.tJKS 10 md,;:moify Gar.tor apl,ul a,,.d sar,; Gimlor hmnlel:i: rrom..U dem.mdl,dliau,.ea11M:1.1lf aa.1oo ,. juo:lpaa,1.1., iiJKI ill JQ)OQblc exp,::n,l'5 mcur...i io lmtsltpllna 1hl: nmi:, ror lnlwr 1a p:nno, 1...,. dlifo: or-,bm>p ta ~ ~ oa lbeQsqQC111uan11ari5Ulfoul olCW11u'1U$0·,nd c,cqo)'illlC)' of:sald ;am,_ Gnurrc~ let n,.qq~ l&qlllli.. laml:lntoi cow..ri:o,; lts otltipticai. a~ ~;i1rd la ~1 oflD,i,uy In 1""'°" or pretpcrtJand l,....o(]il"cHld ~ farnbh Gruu,,. orilb ~ orSu<n t'llff~ t>c:fore c.o:HIID'W:nriq any """,... oa:upuir;y of :.aid eas,-1111at ar ..... Su:lli. lhat CPn1...-ag,=., no building s1t11'1'1111, ~ bt crntd or p.lJllillcd GIi !ht r:a:::i:inml;plVridc:d.. hownou. Gr.in IQ{ .,,_.,... 1hl: rlpt ta n,qui.e. •• Gr.i.oior'1 c::<pcm,i,. •h-= ,o103CilliOn of.al.I oc par, nf the UlWtit:s ln,;l:t/Jcd by Cr.nltt llerCIIMl:r lo !ht 1:1:11:111 rrnm li<nc lo liincu ilh~ 10 pcmul hit1hn-devdupaicn1ul"C1,u,1or'i ,DJ pr"f'Orty. l lh'I ... s,r,::-; . . .::tON\.:l.:1.•:•: tJ,HJll ll S ,_ l 'Jll ~]1 t u~J~·xr:-:= ----, ,.. -· E l l I I ,_ / 1 ,. -.. s~v11ntt1, tha[ this c,oemerti 5hall contllluc so long as G,,rntte, lt1 111cce5~on or a~~!gns, 5hdll ,riake uic of the Sillrll! for the purpou specified, but upon on, (I) year's dlitOl'ltlnu~nce of nld uu, th!s e.ner,erit th ... l! be of no furti\l!:r fore!! or efft(.t. rn IJITHESS 'IJUERror, ,;.rantor ~nd Cirantu hJYe citi:Culed this Grant of Eue1"1e.nt111. ot thJ s 1M iy of !01/d.L.-, l~SJ. (Corporate S~a\) 155] !\en~ :m' WA. TOT\IAY LIHITEfl PAP.11-IER.SHIP (a Con,u,ctlc11t llmJted partnership) By IIVADJI. "5SOCIAT&S 1 <k!n,:,.-.:.J P11rt11er In SAFEWAY STORES, INCORPORATED ~ !'!aryl i,nd corponti.011) 0 fcrantors} ~~r~~~?~:~·:· ; . .:10 NUl~,/\IC '.': U. WI n I! \ ::-,, i\10 ~ll iEui:iOJ=!: -~y----. - ... i I I ...• ..- ,· • ' ·., ., g l!l ~ t;J . ~ ~ ~ !!,. " " ' t 10 ,.,.·;_,:·'. j'' ''"'=-" ... ~;.,.· '-'"'-- \ ', I I \ ' ' \ \,.....-I :Sv'' I I I I I I 1\ I I I ' ~," ... \ "' . ~,-. 'ii \ .,,\ ' ~\ 1..., • .. , ,,) \ ,., °'I "' \ :,.I \ ~\ \ -\\ \ I I \•\ \ \ \~, . \l!i.'(,:: ·"·. C"'M,'\,I• .... ;;wr •• I • ' • .:ION.01':i'lfl(. i.1,IIVZT II I ,vo,;,n u;u;;oi;, IN~. ;. ~ ~ ' ' ~ } f ~ ... . \ \\ I . 0 I . ' " I ' ' ' 1- ..... --,~t-.:i. EU: P,;1.u:.c1-:a _; ~ :SAr£WAY $TOICESS.S .,4v6' ti, 1111, \ I I /lrHI,';,. NOii.i< •-. l I / r Bl/{_, ROEO d HITCH!NGS. lo.c 51DRH_Oa~1~-EasE~Etil lo. STRIP OF LAHD, 10.00 FEET JN '111DTH LYING 5 FE£T ON EACH SIOE Of THE FOLLOWING DESCRl!l'ED CEHTERL lNE: COMMENCING AT THE SOUTHWE~T CORNE~ Of SECT JON 10, TOWNSHIP 2) HORTH, RAHGE 5 EAST, '11.M., IN l<ltlG COUNT'Y, W,1.SHINGTON; THEHCE NORTH 0'25 1 13" WEST ALONG THE NEST L !NE H SAID SECTION 10 A tl1STANCE OF H.04 FEET; THENCE SOOTH BP02'5B• E"51 p,i,RAtLEL WlTH lHE SOUTH LINE or SAID SECTION 10 A OISTANC[ OF ~o.OJ fE[l TO THE INTERSECTION OF THE Eh5T NARGIN OF UNION AVENUE N.E. W 1TH Tri[ NORTH MARG IN OF N.E. 4TH STREET1 lHEt.:CE. NORTlt a•25r13~ HST ALONG SAID EAST MARGIN l!ill.00 FEET: THENCE SOUTH 1rn·o2 1 51':1· EAST I-L,12 F£ET TO TIU EAST LINE Of THE ll'EST 1e2.oo FEET Of SAID SECTION !OJ THENCE HORTH a9-~)'21" EAST 5.06 FE~l TO TliE lllUE POIKT Of BEGINNING; TH£NC£ NORTH 10•21 1 2D' WEST 14.22 FEET; THENCE JfORTH 19•J.t111" WEST ~25.65 FEET TO INTERSECT THE EAST LINE OF THE WEST 45.00 FEET Of SAID SECTION lO; THENCE ~ORTH 0•2,11}• WEST ALONG SAID EAST L I NE 7 .oo FEET TD THE SOUTH LINE Of WE NORTH 69~ , DO FEET Of THE SOUTHMEST QUARTER OF 1}1£ SOUTHWEST QUARTER OF SAID SECTION 10 ANO THE TERMINUS OF SAID CEHTERllHE. 'J' .. f ......... ··t~ .. SAFENA'I' STORES, IHC. STORE. NO. '3:3 RENTON H IGHL"1i0S BRH J06 182016K OCT, 7, 1!lB3 IJ 1 SC 4,4 ALH ;: 'I';, ... ,_c, J:,..::C. ·-\ \.'i"MH ;_r~f . \cf\~,<·/ ··,,: I;. .. ~':' ,·'i"/ .. , .. ·~: ..... : ..... ~ mo·:,'.'.'"-' gt.Yi., .. ·'!.· . .:10 HOl'..tln'. :. U,MJ?lll I:,'" .l 1ll $DI l i..GuaOJ'x -~- i I i 1 ,. - l l I 5TA1t Of CALlfORNIA CDlJHTY Of ALAllEDA ... On tl.h ~ da)' of ktober , l9l.l, befor• 1111, tbe underoisned, • Notnry Public 1n and for th• countJ or Alameda, State of Callforn1•, duly eo~m1Jaioned and sworn, peregnally •n~and Joseph T. llchlc.hl .11.od lrlan [, l'li:L1111hlln , co 111e kno,..n or pn,ved to 1ie 1m the 'i.a,ta or aatl1I1ctory cvtdence to be the Aaaiacani Vice Pre1ldent and A.Bl11taut Secretary, T!!!lpectively, of SAFEIJAY 5TORl!:5, INCORPORATED, a Maryland Corpcrati11n, th!. co,rporatlon chat executi!!I che fore.going iustrumtTlt and 11clc.no11ladeed tl111, aaid in .. trument to be tbe frni and voluntary act 4Tld deed of l!l&id corporatioo, !or the u&"JJ .ond purpoJJea lheTein 1untloned, and on ooth atated rbat tho1t)' are :iutluH1:.ed to u:e.cute th.e asid inat[u11>e11t and th.it the au1l 11f!ixed ii. the cotporate eeal of uatd coq,o-tation. 'IH'IN!:SS my hand and official eul he.uto affh.ed cha day and year in this certlflt3te first above vrltten. /1 {Notarial Sul) Uaah. Ackno:n,ledg.1,,.Hlt. J.li,...'h::-•·.·. SH\. .... i~ ' 'r jONClb!l'I'::: -~a NOTARY PU8LIC ln and for the Stace of Gallforn1;:i, vtth principal ,.fftce in th" Couoty of Alameda, ree~dlng at Oakl•l'ld California HY e.ot,misidon expires: ]/20/P.J. I l I , I I £~-""'-i-... j s s .. CJUNTY OF nEw YORK Or. this 14~ day of Oc:tober, 196], before me perisonaU.y appeared /.\~)' r, w1rJ<..Qr,~ pnd LYNN ;; Q-IZAy to roe ),;nown to be a Vice President and an Assistant Se~retary, respectively, of iar Corp.1 a Part~er of Ava2ar Associates, the Partnership described in and ,..-hich e>:ec:uted the wiU,in and foregoing instrument ai; the General Partner of Totway Associates Limited Partners~ip, and acknowledged that thoy signed th~ same as their free and voluntary pct and deed a~d as the free and Voluntary a~t und deed of said Corporation and as the free and voluntary act and deed of Totway Associates Limited Par~nership !or the us~s and purposes therein. Given un<ler rr.y hand and offidal seal this MM day of October, l9BJ. STATE OF NEW YORK COON'l'Y OF Nfil'i YORK ss.: on this /4#i day Ct October, 1983, before me personally appeared /yAM.Y F~1>1.1re"1.... and ..9>.!AWll. J:>,11,'1rDOiutu. , to me known to be a Vice P~e~ident and an Assistant Secreta~y, respectively, of ~anton Lea~in9 Corp., the corporation th~t executed the 1.-ithin e.nd foregoing in- strument1 and acknO'afledged the ~aid instrument to be the free and ~ol\llltary act and deed of said corporation, for the uses and purpoRes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of sai4 corporation. JN WITNBSS WHEREOF, l h~ve hereunto set my hand and affixed my official seal the day and year fiyst above written. ,ll~"! -:: ·"· ~'\,~i:1:i,,./-· (I.HF' II .. ' -----~ _...;.' ------------- ,,/ ... , ~ The foregoi:.! ::-:-a~.t. o! !asener.t (Utility) if. hereby approv&d by Lloyd Realty Corp,, as the benefic1ury under that certain Deed of Ttust, dated ,u of ,:..::~ust 1, l9BJ, from Tot.,,.ajl Associatea Limited Partnership, 11 Connect:icut limited partnership, dnd Safeway St<>te1, 1ncorporcted, a M11.ryla~C corporation, as grantors, to Tran1am•ric:a Title Insurance company, as truatee, and to Lloyd Realty Corp., ,11 Deh1o1are c:orporetiori., ai; bene!id11.ry, with rupect to the rul property described as !C~ Patcel I on Exhibit ·~~ of said Grant of. taoement. STATE OP N~ YORK COON'lY OF NEW' YORlC ss. : Tit le: \ ' ' '. '-.L. --. ' Paul S. Aller:noeyer Vice President Before me Ta~ Ia,re]]e on this day personally appeared Penl s SllerQDeyer and ~tobn s eoenigmaon , known to me ;:o be the persons w Ose names are subscribed to th& fore9oing instrwnent, and kno~-n to me to be the Vice P~esident and Assistant secretary of LLOYD REALTY CORP., a corporation, and ~cknow]edged to me that they•executed said instrument for the ~crposes and con~ideratian therein expressed, and as the act of said carp9ration, Given under ~y hand and official seal this l?thdBY of October, l!H). -.. ---------- • .. ' j h ·:=. Tl',e foregoing Grant of E.?Ser.icr.t IL'tllityl is heret;y app:-oved r.y :1,elio:i etnl\, N.A., o1nd ~1.H, ~lc:Anulty, t.ruste!'s (collec.:tively i..:~lled "Trustees"} for the r-egistered owners of che ll\ Collateral Ti:-u:,t tlote:-; Due Septen,ber l, 2003, "'s t.he ~s.signees o! all the right, title and interest of Lloyd Realty Corp., A Delaware cor-pora~ tion ( "L.loyd"), under the De eel of Trust, dated as of August l, 1983, from Totway hs1;oc1ates Limited Partnl:!rshi1,,, a Connectic\l. linifted p~rtnerahip, and Safeway Stores, l!lcorpouted, a Maryhnd c-;irporation 1 as grantara, to Tr11naamerica Title Insurar,i::-e Cc.'np~ny, as trust~e, and to Lloyd, "'a beneficiary, pur~uant to the AsaigTUhent of thl! Deed of 'l'rucit, dated o11s ot A1J'3'USt l, .1 'JB3, from Lloyd, 11.s assignor, to frustee5, as nssl9ne~, ~ith respect to the ~eal property described as E:CR Par,;el I on Exhibit "A" of said Grant of E,uement. MELLON BA!-1.K, N, A, ·-..••... ' ' . ...... ,•::. . .............. . COMMONWE,,,LTH OP PENNSYLVANIA I J !l!. \ COU~TY OF ALLEGRE~:! ) On the l611.!-day of October, l!!B3, before JU! person!!illy came H', H. M::Hsree and P. J. ~ , to me Known, who, being by me personally sworn, did depose and :say thi!t they reside, respectively, at ~5 ~Dr.,~. PA 15108 and 9 ~ Drlve, P;ih,, B\ 15235 , that the}' are th11 AeaiJtant V1t:e Pn$!da:it and 't"tus.t Offio:r respectively, of MELtON BANK, N.A., the national banking as~ociation Cescribed in and which executed the l'lbove in!ltru111ent i that t~·ey ~now the seal affixed to said instr11ment: that the·seai;tfi:H-Gld to saLd instrument is the seal of s~ch national ha~~g ~~elation, and that they sigruui their riames thereto by like D~'"\' ~ ±'·· . I Not.ax<al Seal) My commission e~pires; COMH0HW£ALTH OP PENNSYLVANIA :ss.: . &~-.'.~-· k--- Publi~· 1 atd f~;;]i~ and ~~uul~ .. · ... ·"" , .... ·,::,,, ... , , .. ·:...., "/Nkl) ~ ·. -....... . COUNTY OF i'1LI.EGHEIITJ. On the r&\), day of October, H8). before IN~ personally came J.H • .HCAN!Jr.'l'Y, to me ltno1o1n to be the pe:rson de~cr!b.~ _in and who e,ce,i::uted the foregoing instrument, ar,d ai::),;no1o1}-~.~~ll~t· .. ~e executed the sa111e, as trustee. . ., :-·· · -.'. · .. .. , ,,i [l~otarial Seal} =·~Y Co;.",1dssior. expires: ~FW{111~A!Ot.l.::.ir,l'!il:ll: ,:~:-:~ :~:z:! r~~'; :;; '$A: .• ,.;. , ..... , "!" -~ t I ~/ . ' .. , ' i l . .A. C£?.'flF~Cl,T;: r,1<0 Utmr.R'f·AXH'G t:;..;;7c'! !..CJ,SJt~G ·:o~?., 2 Jel,:;wa:·e corror,:1tion ("Ka!1ton"l, and t.he lessece u:i=e:r the i·\.i.st .'.!! L~<Hf'. At;tef'.ment,, dated as of I..UglJst l, lSSJ ,the "Lease"], bet"·~en Tot•,: · J..sscciates Limited Partnership. a Connecticut l.i.mit:ed partnership ("Tot.way"), as lessor, and ianton, as 1~~see 1 hereby certifies to Totway, as les~or, anO to Lloyd fl.ealty Cocp., a Delaware corporation (MLloyd"), as benefici~ry under the Deed of Trust, dated as of Auqust i, 198)1 fram Totway and Safeway Stores, Incorporated, a Maryland C<l?"poration, a~ grDntors, to Transamerica Title Insurance Company, as tru~tee, and to LloyC, as beneficiary, and to Mellon Bank, N.A., a~d J,H. McA.nulty, as trus~ees [collectively c~lled MTrustees~) for the !eqist,red owner~ of the 13\ Collateral Trust Hotcs Due September 1, 2003, as.the assignees of all the right, title and interest of Lloyd under the Deed of Tr-..ist pursuant t.o the Assignment of the Deed of Trust, dated as of Au9u~t 1, 198] from Lloyd, ~s assig~o=, to Trustees, as assi9nee, with respect to the lea~ed premises (as defined in the Lease) thati 1. '. The Graht of ~asement \Utility), dated as of October 1, 1~8] (the ~Easement•), Yhich is herewith ccntemporaneously executed, is not detrimental to the proper conduct of Kanton's business on the leased premises, Ne monetarJ con~ideration is bein9 paid to Kanton for the Easement. 3-The Easement dces not materially impair the effective u&e of the leased premises !or the purposes fo~ whi~h they are now held by ~anton or adversely impair their value, K~nton hereby a~rees that it will remain obligated under the terms of the Lease to the same extent as if the Easeroent had not bee11 made and delivered, and Kanton 1-iill pe:tform all' obligations of Totway, if ·any, under the Easetr.en.t. This Certifi~ate and Undertakin9 may be relied upon ~Y Totway, Llo)'d, and TrUBt·ees. IN WITNESS WH:&REOF, Kanton has ~aused this Certificate ~nd U11de~taking to Ve e~ecuted aa of October 7. 19B3. RANTDN LEASING CORP., a Del~are corporation .,·~~ VicePreiid • = J I j C('.nTifIC/1.'l'F. At-:0 ONDERT,\i,;JNG SAFt:WAY STIJRES, !NCORPORA'I'ED, " Maryland corporation l'Sufew;Jy"I, the subless~e under the Sublease and reliltcd :ublease Modificatio~ Agree~~nt, dated ~s of AUgu~t l, 198J (the Sublease"}, bet-ween Kanton Le.isinq Corp., a Pelaw11re cori;ioration i"Kanton"), a.s suble.:isor, and Safeway, as suble1:16eei hereby c7r~ifie6 to Kanton, as sublessor, and to Totway As9ociates Limitefi Partnership, ~ Connecticut limjtQd partnership ("Totway•), as lessor under the Kaster Lease ~9reement, dat~d as cf August l, 1983 {the "Lea~e"I, between Tot~ay, aB lessor 4nd Kanton, as lessee, and to Lloyd Realty Corp., a Delnware corporation 1·tlOyd~), as beneficiary under the Deed of Trust, dated as of August l, 1963, from Totway and Safeway, as grantors, to Transamerica Title Inburance Company, as trustee, and to Lloyd, as beneficiary, and to Mellor. Bank, N.A., and J.H. McAnulty, as trustees (collectively called KTrustees•J for the registered owners of the l)\ Collateral Trust Notes Due September 1, 2003, as the assigneP.s of all the right, title and interest of Lloyd under the Deea of ~rust pursuant to the Assigtu11ent of the Deed of Trust, dated as of August 1, l!:163, .!!rem Lloyd, as assignor, to Trustl:les, as asai'j'l'i!I'!, Vith respect to the leased Premises las defined in the Lease) th~t: l. The Grant of Easement (Utility) dated as of October 7, 198~ {the •Easement•), -which is herewith contemporaneously executed, is not detrinental to the proper conduct of Safewa~'& busiTiess on the leased p~P.ffli5e5, 2. No ttionetary conside~ation is beiTig paid t~ Safe,,,ay far the Easem9nt. 3. . The Easement does not materially impair the effective uss of the leased premises for the purposes for which they are now held by Safeway or a~versely illl'pair their value. Safeway agrees to protect, indem,;ify and save hannles~ Totvay, Knnton, Lloyd and Trustees from and against any and all expenses, liabilities, costs, cause3 of actions, suits, claims, d~~nds or judgments of any nature whatsoever which may nrise in connection with or by reason of the Ease~en~. Safeway hereby agrees that it will ~emain obligated under the tel""l!ls of the Lease and Sublease to the same extent ~s if the Eeaement had not been made and delivered, and Safeway will perform all oblig~tions, if any, of Totway and Ranton under the E'aBement. This Certificate and Undertaking may be relied upon by 't'otwayf 1.an.ton, Lloycl, and Trustees. Ill 1't'ITNESS WHEREOF, Safeway has caused this c~rtificate and Undertaking to be executed as of October 7, l9B3. t55J Renton, HA ! ' l.,. L-, - J STA'.rE: OF CALlrOr.lllA COU"Jl!Y OF ALMEDA .s 5 - On this ...l.!uh...__.. <lay of Oc:tnhcr , 19..5L, beCorP. 1ae, the undersigned. a ~otGty Public in a~d foe the Count1 of Alameda, State or Californte, duly commis-sioaed a.,d .suorn, pe.taonally appuH.d IQSEPH I ZICHJCHI Dnd BR !AH E MC ] AllGt:11 IH , to me knolol"n or provad to ma on the bub; of 1atiataccory evideoce to be the A.s.si5l3nt V1ce PreHldent and Assistant Secl"ern·y, te:,.pectively, of SAFE\!AY STORES IHCOJIIPOAATED , a Kuyland Cotporation, the corporati'on that e!lecuted the fore~oin! in&trument aod acknouledged the said instrumaot to be th~ free ~ad voluntary ace and deed of Baid corporotion, for the uaes and purpo,es therein mentioned, and on oath st~ced that they ere .:iuthoriiced to ex<!ccutf! the s.iid l;isttument ami that the seal Qff~xed ls the corpor3te $eal of said co?~Dr~tlDn. (Noto.rial Snal J the day and NOt~RY PUtLIC in and fo~ the Sta~• of tallfornia , 1dch principal oHico! 'in the Co1,incy of Alameda , r~sidtni;: at Jll.lda d CA ~Y com~ission expl?esi l)L/200U{SRL7~~~ i I r ' l l .. !!! ... ' I -~ Mellon Bank, H.A. and J.H, McAnulty, as Trustees Corporate Trust Division ilellon 1'ank Mellon Square Pittsb'llrgh, PA 15230 October/}, 19a3 Re: Totway Associa.tei Limited Partnership Renton, ~ashington Ge:i.tleIDen: Refer·~nce is m.ade to Se..::tion 4. 4 of that certain co1lateri1l Trust Indenture, dateQ as of August 1, l9B3, betVeen Lloyd Realty Corp., a Delaware cot-poration 1-Lloyd"J, as granter, and Mellon Ban~, N.A., and J.H. McAnulty, as trustees . Your consent i6 hereby requested in connection with the executio~ of a certain Gr.ant of Easement (Utility}, dated as ~f October 7, 1983 [the hEas~menth), between Safeway Stores, Incorporated, a Maryland corporation (~Safeway-), Tot~ay Associates Limited Pa:rtnership, a Connecticut limited partnership ("Tot,'way"l, Kanton Lea.sing Corp., a Oela,,..are corporation I ~Kan ton" I, 11r.d The City of Renton, r~corporated, a Washington municipal corporation, ~ranting to The City of Renton, Incorporated, its succ~ssors and assigns, a ten foot (10') vide non-exclusive easement for the maintenance, repai~ and replacement of the existing twenty-four inc:t, ( 24" J' Storm Draina9e Line l Creek Di vision Line}, b1meath the surface ot ·~1;1, real property described as ECR Parcel l on Exhibit ·A~ attached to t~e Grant of Easement. Lloyd hereby certifies that ~uch action is permitted by that certain Master Lease Agreement, dated as of hugust 1, 1903 (the ~Master Lease"), between Totway, as lessor, and Ranto,, as lessee, that certain Sublease and related Sublease Modification Agr~ement, dated as of Au9ust 1, 198~ lthe ugublease•J, be~ween Xanton, as lessor. and Safew~y. as lessee, and that certain Deed of Trust, dated as of 1'.ugust 1, 19BJ [the "Deed of Trustff), from Totway and Safeway, as 9r3ntors, to Transa~erica Title Insurance COmpany, as trustee, and to Lloyd, as beneficiary, and that all of the conditions of the Master Lease, sublease, an~ Peed of Trust with respect to such action have been complied with, Very truly yours, LLOYD RE!.LTY CORP. By: . _..1...-..:. ... -... '~· _._.,_:.,..,,;.>8·-~..:.:~ •.i: "' M 1/) I M "' ., I Oate: To: PUBLIC WORKS DEPARTMENT DESIGN /UTILITY ENGINEERING e 235·2631 MUNICIPAL BUILO!NG 200 fl.llll AV£, $0_ RENTOtl, "'AIK. IB'.)55 MEMORANDUM Nov~r 22, l98J Maxine r. Hotor, City Clerk From: DQn llona.ghan, Design Engineer Re: Grar1t af 1Jt11Hy Easement Sa\"e'flay St.Dre~. Inc, Will you plt~se have the attached easement recurded and cha~e t1J: Aci:ount I 000/000/532.20.49. 14 Thanks! ;jft ! ' L. _..,_,_ ,.-',, ::.;; ;::. '/ :(. :1 :, ,, I . I I lnckx £As1:;'MENTS wnn COVENANTS AND RF.STRICTlONS AFf.'EC11NG LAND (l~CR) A. Rcci1.il~ I. Pt.s~cJ r Ownn.~hip 2. Pari:cl 11 Ownc:rShip 3. Parcel Ill O\Viicrship 4. Pu,:pnse · B. Agreement C. Terms .•. · I. Building/Common Area~: Dc::fini1ion (n) .. Buihling Areas" (b} "Common Arca~" •. (e) Convn,ion 10 Common Ami~ ·2. Buildings; (e) Usi: {b} Scpar.ilion of LJs~s , , (c:) Lor.111011 {d) ~s.i1111 amJ Conseruc1ion ••.•. (c::) EasemcfJts , , .•• (I) Arc:: PrDlccticm . .... I. 1'11.ge I I I I ' 1 ' ..... 2 .. ' . ...... 2 . . ' ,- 3: Co111mon Are.is Use •• , ..•. , • , . , •.•. , .•. ..• ; •• , •• i· .••• ; ••. . ......... '. 2- (a) G111nl of Eascrnc:nh ... (b) Use .••....•.•..•.. (c} Ni:i Barrier.s · (d) Liml1a1io11s On Use ( I) Cus1ornm •• {2) Employees .. {3) General .••• (e) Urilily and Service:. E:.isc:mcnts 4, .Calllmon Areis: [kyclopmc:m, Mainicnancc and Tau:s (~) Dcvdnpmcnl ..•.....•.•......•.• ,,,, •..... , ••....•..•••••• ( I} "Com~fl Alea" lo "Building Arca" R.e.1io (2) Di:vclopmcnl timing .. , • , , , . ()) Sci"virc Drive -{b) Maintcrumcc ( I) S1andatd:1 ............. , ... . (2) l!xpcnK!i (3} By age/II M Taxes l. Slgn:i , • . •. •. . . . .•......•.••••.•. 6. lodcmnlfit111ian/hmm1.ntt .. , , •..•..... (a) indt11111ificll!i011 ..••.•• , • , , ..... , , ... , (b) lflSUfillJCC 7. Eminent lktm1.1n (a) Ownct's Ri_gl-11 to Awa.rd (b) Collateral Claims .. . . . . ............ . . .... 2 j" 3 ............ 3 ........ ). . . " ....... 3 . ......... '·3. .. J ... -......... ] . ....... 3 .. 3 . ..... 3 .. 4 ........ 4 .. ........ 4 ... " .. 4 •..•.•.• 4 .•• 4 . .• " •• ' 5 . .. " .• 5 .•• 5 " .•.. 5 .. 5 .................. 5 (c) Tcnanl'sC!a.im •...•.•.•.....••.•...•••.••.••.•...•...•••..••.• , •...•.•• . . 5 .• 5 (d) Rcslonlion of Comman Arcu .•. , • , ......•.• , , .• . . ' _, 8. Agrccmctll ......... . (a) Modification • Cancclla1ion .. ' ( I) DcJc~1ion of Au1hority ....• , .• , •. (b} Breach , , , .. . .. ~ . .. 6 (c) Remedies for Dcrault •.• , • , .... (dJ Non-mcrgtt , , , (c) Dura1ion ••.. , ... 9. Rights and Obligations of Und.::rs 10. Rcrusc: from Liabilily 11. Rigf'IIS of Succc~:1ors .. l2. Marginnl N,11cs ......... ,. .... . 13. Not I Publk Dcdiq,tion ..••.... 14. Dotumcnl ~x.cclllio11·and Change 0. E~hibils A • ·c D E ............. , ir111y . RE!Cordin~{da1a: ·' 1. Bk.{Vol.)(Libtior): -~--- . 2. Pg. (FolliJJ: ... _ .. --'-------------- 3. lllstruniunr No.(FiJEI): . ----~--.. 4 .. Recording d.!lte; ·---·---·------ ...... 6 ... 6 . " 6 ... 7 ..• 7 . .. 7 1 . 1 1 ··················.··············· ... 9 .JO .. \I. . ,12 ·:································· . :11 ....................... :··:· _,_ · It. Loct1tlon 11nd daacription data: 1,.StOrDNo,_· _2,Div. -Seattle· 3. City/Slate: Rei-ttOn \IA 4. _-_Survey~ dated 1.a11 nwlitd -~~------ ba.1-11 o! EXhibi{-, "~'.;; "C .. and."D" ·d~Jlptlooa. ~ ..... ,· .. ·~. '.. r . -:: .. ,.,. -~ -1 ! I I ' i -1 .I l·::\SE'.'1-lF..~"r!, \lllll CO\'E:',',\\TS ,\:,;I) IH'.STIOCTIO:\l:-i ,\FFECTJ.\(; L\NJ) 1ECH1 Jun~ , 11J 87.. t1dwn•11 Si\l'l:WAY STORES, JNCORl'O R1\Tl:D . .1 ,\i:iryl;,nil >."()r1111r:11ii111. h1·rd11 r:ilkd "'S:tfr:w.1} .·, 11ml f!UL TI VEST L 10. , a I-la sh i n9ton Corporation, and OELBERl C. BENNETT and BETTE A. BENNETT. A. RF..CJ"f/1 LS J • l'ar~L'I I Ow11H5hip. Safrw:1y h th\" nwncr nf P11r<"cl I us shown nn !he pl;m aU;1cht"1l here lo ;1.~ fahibii. "A·· ll~rfof, and which i~ nmre r,ariirnl.irl)' Jrn:flhctl :1s Partcl I on Exh'1hi1 ··n" hcreiir. 2. Pan"el II Own"rship, D.:\'clnpcr b the owner or P.~rccJ II as~ho11·n on the pfan allUL"ht"tl hrrr!U a5 E,.hibi1 ",·,"' hrrcof, :mil wJ1ich i~ more p;l(lirnlarly drmilmJ as P:1rcd Ji on fal;ibi1 "C" hcrcor. J. PPrcrf ]II Owrirr.;hlp, Oe_yeJqper is lh_c owner.of P:ir,t'cl rn ilS shown un 1hc plan au~chci.J hereto n Exhibil '•A'' hcrc1)f, :nd whkl1 h mnrc pmtit·ul.lfly dest'ribetl 11s P11rccl Ill _on Exhibil ''D" ht:'rcof. <I. Purpo:;e. Safe\V-J)', Oc:vcloper. clcsirc 1ha1 P:u-rt:ls I. II und Ill he developed in ronjunc- lion with c.:ich other pur..u.1111 lo :i grncrJJ pl.in of improvemcnl 10 form ;i commercial shopping center (somt1imci; htrtina[u:r rerern:d 1u .J~ rhc ··~hnppin~ cen1cr''J nml tic sire Parcels I. II un<l JII be ~uOjcct to 1hc case menu :iml lhc covcnnms, cond'11ions and restric1ions hcrcinriflcr sci forth. B. AGHEE~JE:ST In rnn~ider:11ion that tht follo11:in!1 cnrumbr.inccs shall he i:.imlin!! upon 1hc p:arties hereto ;,1nJ ~bll :dlm:h 10 :inti roo i.1i1h Pilrcd.1 l. II .ind Ill. :inti ~hall Ile for the hcncfil of unll shall be Jimil:!alion~ upon ull ru1urc owners ~r P:irccls I, II ;111d Ill ~ml 1ha1 all c.ascmcnts twrc1;, sci fonh shall be ;,1pruncm1m 10 1h_~ tlominam cstalcs, and in consiller:uit)n or.the promises. ro,·cn.in1s, condi1ion~.' rcsu-k,iuns, c.isc,nents .Jnd cncunihr.mccs conl:iincLI herein, Safcwa)', Dcvclop,:r c!o hcrchy a1,rcc J.$ l'nllow~: C. TERMS 1. Bllild:ing/Commun Areas; Ocfinilion, and I 11 (,\) fa) "Buili.ling Arc;ss·· as used herein ~hall mean 1~! Jmnirui nf P:irccl 1/1k\'otci.l rrom time lD timi=: 10 building inipro\·tmimt~~:;;n~?rfifrPJr P:1rccl 11Afi~~11 ~~ k~hibit ··A·· ~s ··Dt\"C1ur,~r 13uilr.Hng. Are:1·· (.ind ''Fu lure Bui Ii.ling Alea··), (b) · Common Areas" sh~II be 1111 of P;,1rrd~ I. Jl nnd Ill cxc~fM s.;id. Buihling Are:ii.. {*} north of the llbuilding setback line11 -.·.-:-:··-. ·_ .. Store No. __ ·,_Oiv._S..e..a..tJ;J~ Locatiori,NEC .. Union f. Cemet!!~Ro.a:d Documen1 Dat"e. · Renton, 'w - Pag,L.l .of~-. _pages n1.1,i~, . l .:· .. -· /, ~·· ,;,• . .,. 7 (l-1 Cun nr.~i1>11 Hi Cu11111rnn ,1. n·.1s·. ·n,u,~ 1;1,, ;i"u' ,.r ii,~ llu d,l',n~ /. >.!·.r, ,m ,· .,;:]] r,,;,d 111\,(h Jr.! i1i.:i1 fmin 1,nic I,} l'1111e nsc~ ,1r cannul under llil' lcrins .~ .. lhi.~ ar.1cc mcn1 ( i nrln,hnJ: by vimi~ ,1r 4{a J( I)! he m,cJ for huildin~-~ sh;1!) hccomc par I of lhe Con1n101i i\r'-'·,i for 11tt.· me~ p:r:;1i'1n~J hcrcunJcr ;ir;,J ~llHII ~r i111pn1~cu. kepi ;ind 1n:,i1H;1i ncJ a~ pruvirJcJ in 11\h agrccincnt. An area c,,n~mc,J to Cu111;11ru1 Ate~ 111;1y hl0 l·,m1·t•rtcd 11:0\.'k III D11ilUinH A1c:1 hy drvcio111ncn1 J~ lluil..ting Arr;i, if;111hc 1imc or oon1'cr.;i11n b;K"~ Jo /l1,i/d11,.-: ,\w~ ir n1rc1s 1/ic n:,rwNu1c11h of ,hi~ Agrt·en1en1 tindmlin~ /tic prc11·i~ir1m nf ·Ha)[ I)). (e) ll:;e; The ht,ih.lin~~ ~hall he fm rnmmcrl·i,1i p1ir1111se~ nf 1hc type usu;i!ly founi.l i11 ·~ rc1ail ~hopping crnler, Tltc lcnant~ ocrup)'in•i 1~ huihljfl~li lihall t>r pri nt1rily rc1:1il anti ~l."1vixc !cnnm., of !he 1ypc 111irr-1ally:1s~oci:-.toed with J rei~il shnppjng,ceJ\lcr. (h) ~p11ralion ofusrs: Orvclt>pr1 reco9ni 2'~!'> -------------~-------Safcway'scuslom· crs' need for :ukqu~Lc p:irkin_c faci litieli in dose pmximily !o i1s !'.Jrre.i I premise~, ~IM.l lhc impoltlncc uf pro1cc1in~ ~ui:h parking focili1ics ,.f-Urisl unrL':l!iOoable or undue ~ncro;1rh01rn1 whid1 ·15 t'1l.-ly t•J rc.~1111 from long-1ern; parking by p:llrcn~ 01 employees af rcnain i}'f)l"li of ltusinc~s clil3blishmcru:.. Drvcfopn nii~::ikw.:iy's imcrcst in not l1~vini: lcnams r~cupying -~pact in do.~c prnximity to 11,c P~rccl I premise! ·wbo Ci'ClllC or cause c..:rcnivc noi1c, li11cror ndor. To.\afci:u~n.l S;,fcwuy·~ inlcrc~l in a dc:m. LJUict :ll!d N.lor free en\•ironrnr:nl ,1rn.l lldcqu:ttc parkin.s for ils cus10flJcJ~. Dt1•C'lopcr covcnant.ianrJ agrtCJthut he sh~ll not t-..10 hundr~d s i.x.tv feet (26!)') pcmm 1hc 1'.sc c,r npmlitmof:rnJ por1inn of r:rn·cb U anti Ill. wilhin tlUt1,hlnvi1:isllYOc>:ftJWX1'.oruny e..:l~nor buili.ling wall of any P:ucel I built.ling for:, reslaunmt l fol.tfooJ or si1-Jown) or cnrcn~inmr.n1 or rccrea1ional aciivitit5. such a~, bu! nol limitetJ 10. bawling allC)'I, !hcalerI, carnival~ or 01111::r pl:ices of public or pnYatc ;1rn11~emcn1. (c) Local ion: No buildio11sh:ill bc:canliinll'1c:tl nn ram:ls l. lJ o, Ill exc~r,t within rhc Building Ari!:.s. Cano pi cs may eocmaclt froflJ the BvilciinJ! Arc.:,s Ql·cr rhc Common ArC'L'I pmvldetl 1hc c:mopic~ do fl.<ll in1crfcrc wiftJ 1hc use of 1hc Common Areas. (d) Design and COMlruclion: llic hui 11./in~s sh:111 he de.ii gnc~ ~o lltat !he C:\ICri('I( c1n·:i1ion of cDrh wil I bt..-:irchih=cturaHy .aniJ au1he1ically compatible and su 1hal lhl!' building~· w~Jl foo1ioi:J !hall rm! cncro:u:h ln,in one p,:ircd onio 111w1hcr ~eel. Thr dcsil!!n and cunmuclion slmll bt in cnnfon11it)' wi1h soum.l .u-rhi1ec1ural ~nJ ~ngincering stand;lfd~ und the conslr\lc1ion shall be fir:s1 lJU:rli1y. All lluih.lini;-s }hall be one story and !>hall 1101 c,ccrd 1hirl)' fcc1 (JO') i11 ltcigh1 fbul mJ}' include nu:·zz:inin~). (c) Eastment.s: ln di<! t1·~n1 builJini;. w.ill Comings encroach from one pared oulo aoolltcrp::irccl, d~pile dfoos roavoi,J th~L occurrence. the pany onto whose. p;.ircd lhc routings el\CfO'JCh sh.ill rnopcr:m in ~mnling an cncro:ich1111:nl ptrmit or eJ~cmcnl 10 1hr par I)' whose bui lcling w-o1J1 {o:,linp encroJclt. (f) Fin pro1ttlion: An:t builtft~ cons1wc1c,J on Parcel I w'ill h<.' sprinkkrccl. Deve;loper will provi1Je_ 1h:it any builrJinl! cons1ructctl on Parcel I I I, im1uctlia1cly :1rJjJ1.;cnt to any P;im:11 huillling, will b~ cons1rn,1cd, mainrainccl :ind used in,l manner which will prc:;cr,·e the sprinklered in.~umirc t:1tc obiainc:d on chc Parcell building. ). Commo11 Artas Un. " (;.i) Gran I of r .. ~men1s: E:ich par1y. Js (!r,mtor, hereby gr.ints io ihc 01h..:r p:inics for the ~Pefil or s3id oth.rr p;inics, ihcir ev· cirsiomi:rs. in1·i1ccs ;ml cirip!urcc!i. a oon.cxclw;\\•c c:is~mcil, for ;oai.l-.."J)'S. waJl:.ways. inv1.:ss 3nd ciress, ihc ifurti11~ of tnotor vehidc's und i.Jse of facilities ins1al!cd for ,tic comfon und corinnicnce o\' rnsfo1ncn;, i nvi~cn and employees on (h~ c~mmoo ::itcas of the ~r.mtor\ parcel. Store No'. Div __ Sea_t_t1..:..,,__ __ lO<:atio~ RErUnion, r. Cemetery Road, Docu~en1 .Cate . P.:~r,LDII~ WA P.i_9~·_2 __ 01 __ ._. pages -. l I -· ·~· .. --·. . . . '. ; . . . ' ' .· _-. .:_ : ... (hl U."rt": Sc1hjl°d Ju l°.\i~lrni~ t·;1~l°ll\l.'III., ,u' r,•,·.,;,I, ll11.• l'n1rn1u11~ ,\1e.1, ~/1;11; I•,· 11-qJ (,a rir.,<lw1,y~. ,·.;1lk',1-:1rs, in!!!II~~ :mt.I c:~n·1~. pmk i11l! u1· 11111111r n·hi,:1c~. l11:uli11,t! ;in,! unl,tulilli,! 11f ,·,nu,n,•n'1:1J :uhl i•thn "-'Jud,·~. fo, dnn:w:1y p11rp1,w.~. :;n,I rl1r !hi.' cmufon ;i,nl tun~eni,·m:c o( ..:11:.11,mcr;, 1111·11,•i:, and ,•111ployccs 11{ ;111 hm111,·.i~<'~ ;mil urrup:m:s uf 1l1c h,;1ihfinj!,~ r,1m11u1·1,·tJ 1H1 !ht !luj!Ujng Areas dc(1m:Ll ;,Olm·. [C}l'ld b•rrier.<1: Hl1 w:ilb, li:ncc,, 111 b;u·ri.:r~ nl"ufly kiml ~h~II Ii~ rn1L11ru~te1\ur m.1in1:1im:t..l 11111ht'Cornmnn Arca~.llrany ponion rhtrcof, by PAY p;;r1y whid1 sh,11! pn:vr11l or imp~ir ihe 11~~ ur ~Hrci~e 1,r ·.1ny of dll! L-a~c-ilk'nlS i:r.i11fed herein tlf the free acttu .ind mo11cmcn1, induding wilhout Jirnil.tlior., pt'1l_c.~Jri;111.1 auil 1·d1irul:1r trnflii: l11:1wcc111bc 11arit1t.1~ pam:II: provid~d •. huwc11cr, ,cll.~llnabJc lr:rf(ic rnn1rul~ a.~-11~1)" he nccc~sary w guiik amJ rim(rol the urdcrly nuw !1f 1rnl rrc nmy be in.~_tallcd ~o long as ~,cc~.\ tlrivcwny~ .o tb_L' par kin~ :m::Js in 1)1c Curn111un ,\ rt:rn urC. n<1I cl1i~ctl r,r bludt'II. ·n,c onlyi::tccpliom; 10 rr1i.s pmvi.~io11 !tha/! ~ (l}_for changes 111 lhc lh1ihli111! Arc:1\ :1n1/ Cn1m11m1 Atc:t~ f'lt'Wliltl.'d by !hi.~ Agrn·rncm, :1mJ (2) for inciJcnial cuc,oachmcms urxm Ilic ~OmmuR Arc:~~ \l.·hic:h r11:1'! nl.'cur a~ ;1 H'-iih nr •hi· 11sl' 11f bi.l1/cf5, .scaffoJJing., 5lordrun! tuuic.u.lP"", :md · similar fadlilks. rc".llllti~ in ltmpor.11y 11li:-.1tuc1iun nf por1inm; tlf lht C1"11ti1,m A1t,1\. lltl 11f whicllmc permitted hcreumlcr ~n long a.~ 1tici1 1151i i~ ke111 l:'lilhin r~.is11n;1bk 1L'.11uirl·m.:111~ nf coru.1ni,·1i1111 ~mk being cxpcili1iously fllln.tlci.l. ,.; see p.3A (d) Llmlla!V''ls.on u.~c; • {I) Cmlomcr5: Custoiner.; midi U\"il:!"Cs shall nut he pcr,11i111.'d lu p.irk OJ) li1c Cnmmon Areas Clll-Cpl whilt: slioppi"g or lr,:lns.ttlinR bu~incss on P.irctl~ I. JI or Ill. (2) EmployttS: £mpl11ycc.1 .<;hall not be ptrmiuc!.l 10 purk 011 lhc Cmnmnu A,cas, CAl't"pl io areas ilt.'ii&!)atcd as "employee parkin~ areas··. llic p:1riic~ hm:1on1:i.yfrnm lime to 1i1lll.! mu111:1llytlcsign.11c :mtlupprovc ··employee puking arc:15", llowi::i•cr, it 1hcy i.Ju no1. cat'h 1);1r1y m:i)' .Jcsign,t1e ··cn1playtt p:,irking "Jrc-.1s·· mi ils own p:in:eJ. {J} Gener.al: All orrhc uses pcrmiltl'.d wi1hin 1hc Common 1,m1s shull bcn,;N.l will; reason amljud,gmcni soas no! 10 imcrf~re wi1h the pri1n;u~· pumosc of 1he C111nmon Attas whitl1 i) ,,, pm~ii.lc fo1 p.,r).;ing for the ,us1umcrs, in1·itrr!i. ,md employees uf lhosc b11siPC5.<;i:~ cnnd11i::~J 1>.illtin the Buill!in]; >.r,:::is :ind lor 1hi:. scrvkin£ and S11pplyin~ of sucli bu1inc~scs. f'crso11511sinJ! 1ht.' Cuntmon An::is in.il·et1r<Jam:c wi1ti. 1hL\.:t.~rccmcn1 ~hal I nol be L'ha.r.!lcd :1ny fct for such use. {c) Utility ll.nd ,;er rice e.in·mcnts: Tue p;tr1ics sll.1ll l-oopcr:it,.. in tru' J!r:inlin_.:! or appropri:itc :int.I proper .::iKmcnl! for tht in)talla1ion, rep~ir arid rcplacc!ll,..m ur slurm dr.iin.~. 5Cwcr~. ulilities and 111)).:r proper :-;,.:n·il.'C$ nercss.ir}" for 1hc orderly dc,·clupmenl ;ind oper:i1ior. of 1h.: C1m11l'llln !\n·~s -and buildi11gs 1ubc crcr.1W upon the B1.1ilt.lins ,\,~;is. Thi.' parl1c.s v/1ll use 1he"tr be11 cffo11 10 cause 111C' jn~1alb!il)n 111' ~urh u1ili1y anJ s.!tdcc lines f)tinr h> paring {lf 1h~· Comnnm ,\r.::as. 4. Comn1on Areas: Oen:lupnitnl, ~lain1en-.r11rc .ind Tuxes. (:a) Drnlopmi:nl. (l) "Comrnori Area" lo "B11ilding ,.\n••.1" r:itiu: Thi; r~.nki hcrcto agrn· 1h:!1 .\I ull 1inics their.: shall be imkpcndcn1lr mai11lillnl'1l on (';IC"h 11arrcl or fun her sull\fo·isinn th,::rcnf. 1101 k~s iii an tlJit-c Pl ~quarr feet or dc1·ti~p,d ··"c 0n,mon ,\icu·· for each m1c ( \ J _~4uarc fuot"·11r lul.al lrnil(lln~ noor ar-c.i, includin~ all b;1scnie111s a™:i meu~riinn. (2) Derclopmenl lirnini: A. By o~·ner or purrt"!. Wilen a11y bui)Jing. i~ rnns1ruc1~l wi1hi n \he llui ldin_g :\reas (JO~ parcel. the.Common ~eas on 1hll parcel sh al I b~· dc\"c!op,:U inat'tonlancc y.•iLh fahihil ·' :\ .. :i1 t!tl.'" c:xpen~,· u11hc: owner or .1.~id p;irc:d. Store No Div Seattle. . . Localion'.ITTCu"niOO---:--~ cem~ Rciad, Docurnenl Dale · errto ' - Page_ Lof .. -·-·-pag~ I . .. · ! I : f . . ,. .J.· . fh n '& n-Nahlilhst,mdin9 the foregoing, until such time a~ this £Cl\ bcc.omes thi: f!Vit l icn or chilrgc on 'tCI\ Pnrc.el 11 I the .fee· o~ml!.r or let.isehcld o~mcr of [Cl\ .~arcC?I I i-i.iyt at his di,scret ion,· place L.Jrricrs· separ- .itlng ECI\ Parcel I I I from the remillnde.r of the development iJS shatin on exhibit "A" hereto. Store No. _____ ~Div. Seattle Loe.at ion NEC Unioo & Ce111e.tery Road, Document Dace Rer1tun, WA Page~of ____ ~ages ·{ l _ _,i' . ' _J.· • . -------.---~-.-. ~-., ,. be 11nn:;1~uoahly v.11hhdtJ; lnil [}1:Hh>pcr ag11:c~ In K"i111h11r~c SJ fr way foJ s11rh l'll!',L~ upor, I i en .f rce comp let ion or any such work comp! cted on Purce I I I, ·except that Safc'vlil')' sha 11 not be ~ntllleJ to "'ny rcimbtJrscmcnt for ilny , .. ff~sitc impri:ivements immediately south of Parcr:1 IL.and ~ilthin th.:? N,E. 111h Street right .of wuy ~,hich may be required by the City of Rer,tofl us a result of S-lfeway 1 s construction on Purce1 1, nor ~hall Sufcwuy be entitled tci any reimbursement· ror construction of any drive asi le~ over Parcels I.J needed tq. gain ace.es!.. from Pure.cl ·f to the rwo N.[. ~t~ Strer.t curh C.tJts, as noted on Exhibit "A''. (b) M11in1enanct, (I) St:.nd.ards: followingcomph:rionof1he improvc:mcnt ·or1hc: Common l\.reas,1hc: pa11ics.herc10 ~hall main1airl the Common Arc:u in good condition nn<l rL'pair. 'Inc ffillinlmancc is ta include, wilhOLII limiting !hi: gcncr3rlly of the fort:goiag, [he following: A. Mainl:Uning lhc surface!. in a level .smoo1h am.I evenlyrovCrcd corn.li1io~ w·11h the lypc: of surfacing m:ilcri:il ori8in.:ill;v ins1alled or s~ch sub.,1iJU1c gi sh:dl in :it< 1?5pt:1.~ be i:qmd in qoalily, U5L' :ind d11r.ibili1y . IL Rtmo~ing all papers, dl!bri-., fil1h and refosc and thoro1Jghly swttp'mr: 1hc area lo \he: extent rco11anably ncccss:uy ID keep 1hc area in :i dt:m ;ind orderly ctK1di1ion. and rrcc or sn.ow and ice. C. Placing, keeping in rcp;iir and replilcing ;:my ne:ci:ssary :i.pproplla1e direclional signs, markcrS. aTid lines. D. Op,er:iling, l.:ccping in repair and a:pl:icing, when: n<.'TCH3ry. s11ch aniricial Jigh1rng facilities :is ~h:ill !>c r.=:as1111ably rc:quirctl. E. Mainlaining all perimr.ttr w.ills in J good condi1ion and uatc of n:pair; and F. Maim:Uning all l:,r1d:.capcd arc~ and making s.u:h repl:i.ccmems or ~hrubs :100 oiher land,,.c.a.p·1ng as is (2) E;r;:pt115ts: The mpi:c1irc c,Wntrs shall par 1hc In3inltll:lncc cxpcmc or 1hcir p:ircels. (3) By agrnl: S11bjec11o rh<" n:v(K';]b)r. mulu:iJ :igrecm~m of 1hc p:u1i t.S hrnto, a 1hird p:iny m:iy be ·appoinr~ct as 3,> !&L'III of the parlics lo mai111ain the Common ,\rcas in lhc m::inncr :is abcwe oullincd. S:i.iJ lhird parly ma~ n::cci,·c for s.uch agency :i fee that is murually aecc:p1.:1hk 1oall panic.s. IDl':O'Vtr supervision, m:inag_cmcnt, acrounting a!\d$lmitar fees which sums arc: Lo.~ included in ihc gcner~l rnaimcnance e:,:pcnsc p.lid b)' th<:: rtlictivc owners of the. Common Artas. (c) Taxits! E:icb or 1he panics hcrclO agll!c 10 p:iy or c:iuse tobc paiiJ. prior to t..ldinqocricy. direcl ly to the Dppropri;atc t~ing auchori1ics a!F real propt!l)' 1a.,cs and ~sscs.lmcnls which arc lcvicd a1:,1i11st 1h:it p:ut of lhc ·common Art:i.s o\\·ned by ii. Slore No. __ ·_Div. Seattle Loc:ation NEC Union C: Cemeter1.__Ro.:id, DOCument Date · Renton-~----i;JA Page......!_or ___ pages -. ... ~ •,! :)<i·~::.';, /V!--. '.+ ·-:'' i .. j b·· 1¥1 "' ,-1 5. Sii=:n~. E~(·tp! fm iJirn·1inu;,J ., i,!!n,; for i:ui,l:,n,_·,' uron tlw C1_,111111"11 ,I r,·:o~. no ,; •tll~ ~!1JII 11<.' lol~,11rtl 0111h~ C 111nmnn 1\r.:':h On P~rLcli J, II ,X Jll r.\l.'Cf)I ,1~11.1 ,1i.hcr1iSH11,! h1J~i1ll·~~c, c·n1i:.l,,~1,:,l 1la•r,•1,r1 ,11111 no1 mrn,• 1tl,1111,n112) slgn.1 on 1hr Common P.:i:uon P.u-c~I I ~1Jtl 1wn 1'.!J iign.1111) tl1r C11m11111n ,\rl.';\Hm l'ml.'111 :1ml 111",)(2) ~i).!fl-~ ·,m11ie Commrin ,\ren~ nni'arcd JI!. No ~igns 1h,11l nli~1r11c1 1hc in;m,; ;111,l ~pcs., ~1i,,w11 un F .. \hifli1 ··r,.· 6. lnderllnme1,1ion/lnsur11nc('! '. (.i) Jndcmrri/kslion: f:.ad1 p:1ny Jwn:b.1· iu,J..:111nific~ :111,/ ~;1",.,cI r/1,: nrl1l'r p;1r1i,.:~ 1i~rrnb-: frurn ,my 11mJ arr li:ibtJity. d:imilgc; open~. ,.:au~L·s or ;x-rior1. suit.1. cl;1i111~. ,1, juJgmL·nt~ ari·~i nt! rrnm injury 10 person ur rnipcr!)' ~nu ocrl1rll~c nn its ;wn pat<"cl, cAeepl ir cau:sctJ by 1hc acl nr nc.!_!kL·t uf ;mnlhcr p.ir1y hcrcrn, N , r::i lb) lnsurancL': E1cJ1 p~lly ,Ji:iJ/ prtividc t"mnp,i•IH·n.~iw ~1·nt·r:1) li,11:iiJiry i1•.rnr.11Kc .,ffmding pm1cc1ion m t!sdf mid 1J1r 0 :'1 01hcr p~lics, n:iming the tHhcr parlirs :1s '',n.hlitior1;.1J i muri:1.h" 1>11r.Jc1 dK: policy nr p0Jic·1c~. for :1 cnmbincLI b:Jtlily injury anti '.D 0 P"'P. en)' d:im:i11c limil of liabiJ.1y nf 1.m1 ~~~s limn .S.'iOO,t.,,)O ~11d1 occ1111cncc. :--1 :r, 7, Eminenl Domain. (a) Ownfr'srlghl to awud: No1hing: ticrein .1h:1II beeon~tr11cr.J Jn(li11c:inypo1rty:1ny in1cres1 in anyaw:ud orp:iymcnr mnr.Jc !01molhcr par1y iii connec1io11willi any t,:(.'rcisc of .::mi nen1 tlomain or 1rnnsr er in liC\J 1hcrcor:tfft<'1ing s;jd olher p:u1y's parcel or givl!' lhc fltlb[k Dr any government :tny righl.~ in P:1,cd.~ I, II or fl I. In Hae even, o( ;iny exercise o( emir.cm domain or transfer in lieu lhercor of a1,y pru1 of 1hcCommonArca~ lnrnml onPMccl l or P;ircd ll ~r Pared !JI, l~C awarda1uibu1abJc lo the land .ind improvcmcmsof such por1io11 of the Common Arc:is ~hnll be p~ynblconly 10 the owner in rec.thcrcd and no claim lht,con shall be made by rhc own~u or 1ny 01hcr portion nf th£> Cornn1110 Arc:1s. (b) Collslrtul claf ms; All 01hcr owncr5 ('Ir 1he Conuoon Areas 1113} file i.:oll:iteral clai,m wi1h the condemning aulhority for lheir lo.sscs whir.h arc separate and .:iparl from 11-n! ,•:ii~ or rhc lam.I ilr\!'a ,.,nJ impnwc1111:n1s 1aki.:n fmm another ow~r. (c) T~nant's; claim: No1hing ir, this p.iragrnph 7 shall prc\·cnl :1 ICftllll from making :i ciai m ag:iins1 ;u, owner pursuant 10 tile pro\'isions or any lease bc,~cen 1c11an1 and owner ior all or :i portion or any ~ll(h .iv.-:ird or p;iyincnL (d) R!!:Sloni.tlon of common areas: Tor oll'ncr of the!~ or carh ponion Of vie Co11n11on Areas so condemned shJI! pramplly rcp:iir and res1orc lhc remaining ponion ()f the Commun Areas so 011.11ed a~ nc..r .u pr.ic1icab!c to !he condi1ion -0f same imn1cJi.itcly prior 10 such condemnmion or transfc1 LO 11).: c:..1cnt that 1hr procccd$ of :surh avr.ird arc sufficicnr LO pa)' the cos1 of such res1ora1ion and rc:pair 3nd wilho1:1 contril:'lulion fram :i.ny other owner. 8. Agrterncnl: (a) Modilic:itlon. canr~ll.alion: This 311.rumcnl (lsidui.f1ng fal1ibi1 "A") may be modified orc:,occl!cd onl)' b)' written oonsen1 of all rcr:ordowncrs.or P.1rcel I, all n:tonJ ownc~of P;urd II, anLI :ill rteonl own:rs of P:im:1111, wJJK:hcOR5.cnU shall nOI be unri:aso11:1bly \.\"ilhhcld. { l) Dtlegalion ofauthoril;r. IL is ;1gri:cd 1hat ~l lC.i~I :is Jong as Safeway or the Th::vdoper : arclhcioi1i:i.l ums :i.ndl'or oper.llors of one or m0rc of 111c p;irtd~. wlicthc~ 1U D,,.,,icr or lessee. Ill.al I.he ootlwrit)' for modifying this agm::mcni shall rcs.l with 1km alone as 10 1he p;irci:11" 1hcy own, u~c oropci.JIC, Fo,,m No, R·JQ~A Cflu. J·7':IJ Store NQ.-_Div.-~'~'~'~'~'~'~'-~ Loc;1,lion NE:C-Union & Cemetery Road, Documenl bate ____ m_,_n_\_o.n 1 _WA , Page_.LoL~pa"ges IIJ.1!1(~1 .._. ~,· ./ tr ;rndlor II :1111J.io.r 111 rhal S;1fc<1·;1)· n1 DL·l'~h1r,'r ht1H' ap['11_ini;·,f S:1ffwai· :iml lk1·dr['t"f th~ii ,,.,.1ri.'c\i 1·c par-·rl~-l"or dw purpmc iii' n,·)!11th1tin~ ;1ml rnh:rin~ imu :in~." 1n,o,Jifirn1i_1ll1s n!" lhi ~ agrccmtnt. i.'(ccpt fo1 e:r;lcm.Jing llic durarinn lim~of. C.rnrcll~liM uf thi .. a,!.'rC:L'lll~ll! ~11:,11 n,u h,· rrin .. i,l.'rc~ ,1 mn;Jifi(:ition. (b) Drcach: Ir; lhc cl'Cnt <1!:~n.·;11:Jr nr ,~,rr:a!cim! hn·:1th 11r" 1 l'i.1 t1}!r,·cmcn1. or,ly 111! r,·l·nnl 1,w1;i·rs ui" P:1rcrl 1 ai :1 gmup, or ~JI the rr:c:orll owncr.s of P~l·cl IJ :is a !!f011p. or :111 lhc rrrtlHI 1111·11crs uf P;rrrc-1 111 :i.i 11 l!"fllllf', nr S:if cwa}' ~11 lun~ ;i.~ i1 l;a~ an imcr~.<-1 as owner or 1cmrn1 in Parcel I, or_Dc'.•elnpcr ~, luni; ;is i1 hu~ a» i.nicrc51 in ;1ny p1111 nf 1'11rcrl II nr l'.:1m!I l/1 .~lwll he cmi!lei.l 111 ins1i1u1c pmc~cdings for f111! •,1mJ a1k4ua1c rclit'f fror:1 the conSt.:'ljUCllrc!i ni ~aid tirc:rl'h Thr un.~ucccssfnJ pany in anf ~rtion shall rmY m lhe pn::voiling rrany n ,cn.~onuDlc sum for ~nonicy·~ fee~. whid1 .~lmll he ,k~mcll 111 lrnve uccmctl 1111 ihc rnmmc11c,r11em of such ac1ion Bild 5hall be cnforCe.ihk-11hcll1cr <ir mu ~111:h 11r1inn i~ pm.<,cc111c1l n:r judgm~nl. '. (o;) R·cmttllf">for dt.'fell'II: lf!h".' i::,.,.,ncr of any rar•:d ~hnll, dur> ne, 1~r: trm1•( 1l1i~ue1r.-111~m, rlcr..1111 in 1h1:. run, fnilhfu! am.I puni:lual perlormBncc of uny obligalio_n rl.'q!lim.l l1crc11tllk~ und if al thl! end of lhirly (.10) d;1ys uf1C1 wri11m 001ice from any owner of a p;uccl or the par1y 1o·whon, iis a111hnrify )ms h.N:11 dektattd. ~lali ng v:·11h p;,rticul.!Tlty lhe n:JIUrc :irid c.;1;1en1 of.rnch default, lhc dcfoulti ng owner has (ailed 10 cure .wch t.!cfaull, am.I if ;i lliliboen1 cffon i~ fll)j lhcn·bci ng made lo cure such clc[aul1, ihcn any ocher owner fl! a parcel of hind .rnbjcct 10 !hi 5 azm:mem or the p:trty 10 whmn its aulhorit yhas hccn tide gated s~;,1.1, in addi1ion 10 all othtr remedies it may h31•c a1 l:iw orin cqui1y, have lhe right 1opafor111su,;h oblig~1ionof 1hi~ agre<'mem on behalf of sudl d~fllulling owner and be reimbursed by rnt'h dcfaultiil& 11wncr or the c:~sc 1hcm1f wi1h inlercSI a! the mnximum r.i1~· allowed by liw. Any &~ch claim for rcimbun:emc:nl. lO,!:t'lher wilh in1crc~I a5 oforcsaid • .'.h:ill be a secured righl a~d a lien shall auach and i.akc dfcc1 upon n:eorda1ioll or :i pro~r cluim of lien by the d:ii nlllm in 1ht' flrricr.of 1he counly recorder in which the lend is tocaml. The claim of lien shall inclut)c, the follnwini!: ( I J lbc name rJ the claim:lint; (2) a ~1a1cmc:n1 coru:cming the ba5j~ of !he clai111 of lien, (J} lhc Jut known name :ind adlln:s.~ of the owner or reput«I owner of 1hc [);I reel il,!lilin~I which the lien is claimed; {4) 1 descrip1ion of lh~ proprny agains1· which the lien is r:t;:iimctl: (51 ~ i.l~s~riplion nf the wod; p,:rfonnctl or payment mlldt which h~s givtn risc:10 the diim of lien hrrCl.lnikr and a ~1:i1em1:nt itcnfu:in~ lb<' ;in1o~mt thereof; and (6) a sratcfl!Cnl 1h31. lhe lien is chlimed pursuaru 10 1hc prO\·isiom of 1hi~ :igreemcn1 r«ciLing 1hc t.1:i1~. biiok um.I p:a;.c of 11,,: rccprt.la1ion hereof. The notice sh!ll be duly vtri fitd, :iCknowkdgetl :r.nd con1ain a certificatl! th;u :i i:1'fly 1hcrea! has been srr,•l-.J. upon 1he ~y again$! whom the lien is daimcd, eilhcr by peisonal service or by mail in{! ( llrs! cl:iss, ccrtif1cd, rel um rccci pt rcqucsrcd) 10 the tlcfoultin~ owner, a1 1hc addri:n for mailing of1a.,: n:i.1eme111s wilh respect to 1h~ prur,:ny agains1 which the lien is rlaimcd. The lic-n sc claimed Miall anach from lhc date of rccorda1ion ~olcly'inlhc :i1l1ount ch.timed thi.'rcby and i1 Ul:'tf hi.• enforced in any m:mner allowed by law for 1he foreclosure of li~ns. Notwithstanding till: forC!!llin~. such liens shall th! subonlir..ztc LO any monga£?t OE deed of lrtJSI given in ,good fai1h i;nd fOr\,1lue noworheu:aflercncumbc:rin{! the pr11pcnyi.u'1jtt1cd co the lien, 111!.d any purchaser al any fon:rlosun: or trllSfct's sal~ (as ·well ns a11y b!r.1mcc by dcct.1 in lieu of f,1rcd1•surc or 1ru~1cc·~ s:ill.'1 under .any such fir$1 mortgage 01 dcc:d of 1rus1 shall 1:r.1:c fret end clc:ir from any si:.ch then ni,lint; fie .. , hm nrhcrnise ·~ubji!t:l 111 lhc pro,·isions of this agrccmcni. The .f:iilure. of 1h<i owner or owner.; of an)' of the: p.in.:ls subj.:ct 1u 1hi~ J~l'l.',·mi:n1 10 insh: in any ont or more ca5C5 upon rhe suic1 performance of any of 1hc promisc5, ro1·cn.::rnu, com.litions, re~tricli 11ns or .i~r.:~mcml h::r,:in. shall nor l;,c cans\rued ;rs a 11.'aivcr or relinquishment for ;!1: ruture brr:adl or 1~c 11nwisions hn~,1(. (d) Non·mrrgtr: So long ps Safcw.iy is 1cnan1 of any of the th~c pated~ 1hi$ ilj!rt:~nir.:nl shall no1 bl.' 5ubjm 10 lhc Coctrine of magcr, rn:n though rhc underlying fc:t ownmhip ro 1hc p:J.Ji'C'l.s 1k5,crihct.1 hl"rcin, or any p::rrrs 1hercf'lr, is \'C~l~tl in one pmy or cruily. (c} Dtrrallun: UnlC5s othern'ise c~nc,cllct.1 and 1ermina1ed. this agre,:mcnl ~nd al! !he eascm,.·~t~. ri!;htS .:ind ublig.;i1iom h~eof shaU au1oma1ic:tl.ly tc~nare :ind be of no r1Jf'!hC'r fort:~ ar cffcc1 ~r1cr rrriy,:,c.-en (57) ycm [rum lhc dole hc:rcor; uccp1 1h111 ihc :icc~ss and/oi u1ili1y cui::mcn1s tlcscribcd on 'fahibit i'E" .:il\acht'd h~rclo, if any. sh~ll corninucin full fo~cc am.I cffccr unti I cermina!cd in •.wi1i ns. by the p:inies en;itled 10 m~ify this :igr~m~m in :ircord:,n~1.· w\lh the pr,wiii'ons of B(:iJ l,~'Tcof. Store No. __ Div. Seat_t I~ Location NEC Union r, Cemetery co,ad, D0<:umen1 Dale. _____ R_e_n_to_n_, - · P~ge-9. _or __ page~ .>·.=·-~- '~~:::ii~:~,· .... · .. ,I ·:-··••·. :.;: . . -~--··.·, ; ., If_. . ff . 1¥ ·nu: supaiuriii 11f.1l1h ;igie,:111rn1 ,h·dl b,: U.\11TEO 111 1h,· c.\frn1 111:,1 1ill<' i.1 :1J1) prupl·rl) ::,·1111irciJ 1)1111111:h ,:ill' lllh.kt r,,n'L"l,1,11r<.' ,11' :1ni m,,n~,igL' ,ir Lkr,l ,ii" rr11~1 dl,'·.'l,·d ~y pu11 a, ,,f ,:1lc. j11d1ci;1/ r,11,,,·diny,, <11 r,1. lh'r'' '-"'· ,hail I h,· 11hjc'ct Ir) a/1 Ilic ch:iq.:i:s am! li11r,!,·11~ arf,•<."1111~ 11.ir.·,·I., I. II an1d fl! 1,·~ ,irl11,· ,,1 1hi, ;,~r~1·m~n1. I{). ·Ht•lt•a;o;L' J,'rnm Lillhillf.•·. ,\ny JlCr!,<)JI :1,·m:irin~ {.,,: or k:1~<'1111;.1111li· 1,1 /'ar1·,·h l. I/ 111 ;JI nranJ p1mi1,111!1L"r<"ufsh~!l he b..m11J.hy1hi1 agm:mrnt uulym lo lh,· iurc_L·J 11rp11ni1m ut lh,· p;1rrd;l(11uin·,! hy ..i,ch r,.·r"m. Sucl1 t'l'faoh.\lrnll rll· hound hy lhis a£rcCmC"nl nrily 1luring 1hc 11rriud !.UCb 11-""rs1>n i., 1hc fcc nr k;1,cl111ld r111-nrr 111 .,nd: p:ir,~1 ur r~1,1i,1n 11! 1hC p,irccl, c.u..-pl ~-~ 111 nbliuaiions, Ti:ihili1ic.~ m r..-1p1m.~ihilili<', J hat ;1.u11<'· du rinl_! ,:,i,1 pniu<I. A l,ihOl'\!h p•:r,110~ m;1)' hr.: rdc:isi:il uniler 1hi~ p:imf_!rnph, the c;1~t!nlCnJi, ni1·<'na1111 ,111tl JL',11il·1ino\ in il1i, ;1!!fl'l'n11.·n11,h:ill t·11111i11u..-1, 1 Ill' h,•11clil\ :uuJ ~l·n·irmk!. up11n l'arccb I, [I ;1nil r JJ . running wi1h lhc fanJ. ! I. R lg his nf S11ecc.,;.lors. 111e ,::r.,cmc1m. rt!fri,·1i1,n~. hMcl'11.~. :rntl 11hliya1iu~i; hncumlt.·r ~h:111 nc~!c mwn,il hcncfit~ ~nU ~crvhllllC~ upon t',1rn·ls /, 11.inJ Ill runnin~ wi 1111h~ l;rnd .. Thb a!_.!re.:111<'111 ~hall hil1t.l :111..i inuu h1 lh~ l:tm:f,1 r.,f lhc p-Jr1ic.~ llcrclO, 1hl:"lr ft'51)Cl·til'c tirin. pL'r-:1111.:II rcjircscn1.:11ii,c., l<'nam~. ~ULC'r•.\nr.,. ~nd/or ;,,~il,!11,. The ~in~1dar ~1;mhc, ind111ln lhc jilurnl a11J an)' gCmler jn~lt:·lc.1 ;.ll M.cr l!~nUCr~. 12. l'nrngrnflh Hc\1dJ11i:s. The p;ir;1i::rapl1 hc:1tJings herein i:0111:1inttl me inserkll only u~ ;1 ma11cr r,f con~cnicncc.:md lor 1dcrcnrc .:inJ in no w;iy ckfinr. Jimi1, or 1l~srrihc lhc st·npc or intcn1 o~ 1hi., J,ii:umrDI n1Jr in any w.:ty :1ffcc1 LIU!" u:·rm ~nd pro\'isions hereof. IJ. Not .a Public Dcilir:i!itm, Nmhin.E' hrrcin ccmwined ~hall be 1Jccmr;I 10 be :i gif1 ur dctlicarinri of anr por1ion of 1he ~omrnon Ar~~s 10 lhc gcncru! public or for !he gcntr:1/ p1.1Mic or for :rny pl1b!it: purp<,~s v.-h:11\ncn'I', i1 heiny lhc irncn1ion or lhe ·p.ink5 ~,e10 th~11his :1~rc.:1mm .d;uTJ he -~trktly lim.itl.'.'Ll lo ;111d for 1hc purpn.~cs ticrt"in l'~pr..-~s.:-tJ. The rigl11 pl' lhc puhlk nr any person 10 m~kc 1111)· 11\e 11h:11Ull: 1·er o(lhc 1;n111111011 a,,..a~ of lhl' p:1rl'Cl~ 111."rcin ;ifkcl~-d. or any pnr1iun rl~rt"L'f I n!her lhuo an)' us,: ~~prcnlJ allowed bJ 'J wri11en DI 1<'cu1Jc,\ 11i;1p. :1g11:cn,.:m. dccU m Utdi.:mionJ i~ Drrcrmi!,~ion, ;inll 111hjC"t.·11a 1hc control of !he owncr. No1wi1hs1:im.lini.:my Olher r,rot·isinn~ hcrdn 10 tile L1Jfltrnry. rhc own,:r~or 1hc p,1m.•b ;1f!°l'Ct(l] Jmcb) may pcriotJir:tlly rcslric-1 iogtt'~s Bild egress fmm 11!.:: Com1111m A1cas. in onltr tu jlre,·1:n1 a ptC1L·rlp1i,·•· ~'.I.Scmcnt frurn arisin!'! by re;non of conii11ucd publk use. Any reillicl)on on in~r<c"!~ 3ml q;rc:.s sh:iU ~ limitcJ lu ilu: minimum pcri.o,J nccc~sJry 10 51r.::,·cn11hc i;rca1ion of a prcscrip1i,·c casr.mclll ot11LI :ib:ifl occnr JI such ;1 1i1111.' :1~ to h:1~·c a minimum cffcn on 1hc p:mics hereto . all or 1hr foll1>1\·in~: Dc,·eloper be an a!!rcemi:1111.11 an}' kind bc1wccn 1h~ parties herein upon which m1y mmn1imw111.1.1n,krrnkin~ ,1r nbli!!:i1iun l·:in be foundctI. r1 is funher :lj,!rccc.J tha1 once llii~ Jo,:unHml is fully .:.,,...~mcil .inti Jdi1·crcU lhar i1 n>ntai,~, 1h..-cmi,c ;ifrCL"ITh'nl bctw.:,:n th,: panics hcrc1u Jnt.l 1ha1, in ClL'1:11c'1 "£ it. th.c p:lflics du net' rely upon ~ny ~1;1t..-1111.·n1. pr•.'rnisc or repr..-~<'ma1iun nm h,:rein cxpresred and lhis tlocu111e111 onrc r.,cc1uctJ ;rnJ t.l,:l"in·ml ~hall nut be 1110Jilic1I. ,:han1=C'J llf :il!cr~...i in .:i.11~· rcspc~I ~·~ccpt by a wricing cxi:-cu1cd and JcJivcrcd in 1hc ~n1c ni;inn~r :15 l\'l.luirnl for 1hi!. d11c1mleol. ·s1ore No .... __ Div._.Sea~ L , NEC Union & Ceme.tery Road, ocaliol\ -~------Ren ton·;-ir/A.- Documenl Dale_. Page_ 7 .of.~ __ pages 11 t-1\1.'.·~ tlB Ii I• . .1/,.··;..1"11·~-...... , .. ) /f- 0, ______ .;z:::_·:.,__;,_,.:_:_ --7;:· "'--------~---- ,:···· l'"o,m No. R•JO?>A {R•Y. J,19) SAfEW1\Y STORES. JNCORJ'OR,\lEl) ny .... w._ .. _· ..... -<. f'.v---$..,.._- h~ h;~ Vk~ J.'rrshlcni (Snfcway) (Cllrpti,~1-:-Scul) Seattle Store No. __ . _·Div._,,.c~:..:cc:..,-,---,- Loea,ion NEC Union i ~:~b~~'(~~oad, Document Date, _______ _ PaQe. 8 oL_-_p~ges ----~----·-·-·---·· ... ·,. ·--- -·· ... "-··-- \ ---hf\ .~.-~ .. --····-· I \ :\ to,. •,;:, .. ' ,; __L.:._. _·. -~----L .. ... ....;,.• .,,, . t f~·,if' ,-;·, ~v-. ::--r··. . ·I 'J . l . . . '\ ' .. ,I '~·-· SAfEIIAY FEE PARCF.L/Ef,R PARCEL I, That portion of the West ~ of the Southwest .\ of the Southwest .. ~ of Section· 10, Towriship 2J north, Range 5 East, \LH., Qcscribed as follows: Co!Jl¥lencing at the Southwest Corner of said-Section 10;. thence. Horth 0"25'1311 West 42.04 feet; · . thenC"e Sou'th 88"02' 58 11 East parallel with the South··line of said subdivision 40.03 feet to the intersection ·of the East margin of Union Avenue N.E. with the Horth margin of N.E: 4th Street; thence North OD25 1 1311 He.st along sa~d East margin 158.00 feet to the true point of begi~ning i · · · thence South 88"02' 58" East 142.12 feet to the East line of the West 182.00 feP.t. o~ said subdivision; thence .Horth 89°43' 21" East 214 .64 feet to r.he West line of the East 250.00 feet of said West~ (as measured along the South line thereof);· · thence North 0°16 1 39" West along said West line 474.96 feet to the So~th line of North 629.00 feet·of said West~ of the Southwest \ of the Southwest\ of Section 10; t~,ence Horth 88°11 ~ 32" West .along said South line 92 .89 feet to the. · East line of the West 305.00 feet of said subdivision; . thence South 0°25'13"" East along said East line 65.05 feet to the South line O'f the North 694.00 f~et of said subdivision; thence North B8°ll'J2" West along said S'J\.!t.h line 265,20 feet to said East margin of Union Avenue.H."E.: thence South 0°25 1 1311 East along said East ma·rgin 417.41 feet to. the true point of beginning; Situate in the Co~nty of King, State of Washington .: ·.~ -----· --;: '\ ECR PARCEL II, '.]'hat portion of the West 5: of. the Southwest \ of the Southwest \ ·of seer.inn 1.0, Township 23 1.1'Jrth, Range S East, \I.M., dC::scriLt:tl as follows; · Commencing ~t the South~est corne~ of said Section 10; the.nee. North 0°25'13" West: 92.04 feet; chence South 88°02'58'' E'<1st parallel with the South line of said subdivision 40.03 feet to the intersection of the East margin of ~Union Avenue· lLE .. with the Nor~h ·1:1:argin of N.E. 4th Street.; thence Nert? 0°25 1 ;I;__.Y 1 W~~;_.~142.~g __ s.~.i~.E~s; margin 15B.~.~--~eet; ·. th~nce· South 88°02'5.8'' Ea.st tt.2.12 feet to the East line oft.he West 182.00 feet of said subdivision and the true point of beginnin·g; · · . . thence North 89°43'21" East 214.64 feet to the West iine Of the East 250.00 feet of said West~ (as measured along the South lini;:. thereof); . . . . thence South Oal6'39" East along said West line 166.33 feet to sai~ North margin of N.E .. 4th Street; thence tlorth·lJS"02 1 58" West along said Horth mart,iu 214.41 feet to said ·East litie o.f the West 182.00 feet of said subdivision; · thence North 0" 25' 13" ·West along said East line .158. 00 feet to the true point of beginning; Situaee ~n the County of Kini, State of Washington. \ ' . . .f..,t[·.~;:1~:~:.i-: •. t...£ ; IJ?=i .... - ·': .) ' ·i ECR PARCEL. I 11, T11ac... porl:ion Of the I-lest ~ of the Southwest ,\; of the Southwest \ 0f Section 10-;·Tu~L~l1i~ 23 Wdfth, Range 5 East, W.M., d~sc~ibed as f•.lllows:. c,:mmencing at the Southeast corner of said .West % ; the.nee Horth 0"16 1 39" West a~png the East line of said \.lest \· 42.0]_feet ·to the North margin of N.E. 4th Street; thence north 68°02.'58" West along said -Nt1t"th margin 75.06 feet to the West-line of the East 75.00 f~et of said West ~ rrnd the true point of beginning; · thence continuing North 88°02 1 58 11 1'1est along said North margin 174 :94 fee·c to the West lin·e of the 'East 2.50. 00 feet of said West .\ (s.s measured along the South line thereof); thence North acl6'J9" West along said West line 641.29 fe~t to the South line of North 629.00 feet of seid West~ of the · Southwest l;; oft.he Southwest\ of Section 10; thence South 88"'11'32" East along said South line 249.98 feet t:o the East line of said West ~ of the Southwest \ of the S0uth1-Jest .\ of Section 10; thence South 0°16 1 39" East along said East line 217. 91 ·feet to a point -which. is -424.00 feet from said North margin Of U.E. 4th Street (as measured along said East line); thence Uorth 88 6 02 1 58° Hes t parallel with said North mar gin 75. 06 feet to said \,1est line of .the East "75 .00 feet of said \·lest ~: thenc·e South 0°16' 39" East along said West· line 424. 00 feet to the true point of beginning; Situate in the County of King, Srnte of Washington. ; ..... , .... :.:: .... :::::::=... ; . \ t:, r_? -r -/t,'C......C/'""\~ :..Ae..;·c...,:c:.:_s:::..):...:·/---'-A~f--·~_--·:.../'_~---'·<-o..:· :-::· :::·'2:..:'=-c===--1 S 1,_ ?_2_§_4_ .:_:A2c,c..:"':..:' .--..~·'---· _,_-,;;:..:A-::2.:· -..:Z:.::~::.· .:::L~:=-====-===-=-? +. -3:'.lo n cWA'( Pl<l?C,!:.!., I -!"/>.,<.!( .. "./;: 5-,Jw.>./ -2?,;·; CA/ZS iM,'I;< PA,'!C E ;_ :JI -g 5::,:;:,_.!._f!_j_ ,::--:>C>s_..=~f CA~~ ir..Bf,N!< f!:,f<C,f=.L II-f,A.!<'< NG Si-{::,','v;"(-4$ Ct'i/<~ :,qc; '!,r,.,Ll'> e:IZ"1'Z_O-fAr2.C.E.l_. ;J fJI----.:... 7 l C/l 12'5 ;P.AC[-67"A;,.I.$ o!>H.:M'i-fA2C-F-i.. I:f.T!-70 CA,;"> ~ll L @",/Z.!<ir-/G ~,Wlc.E:::.-F;,,._,µ,c.~j'.). 'l: IL ...,@:f:_;{1Rfil 'AL-Z={,:/P. PA~!<:.,:;! ;,F'/IC.£-c, j!f',IC.:&:.. .1 fll d.2~_3 _ Cl" t<-:!, ![6 . PLAN --,cALG• J"c 30'-o". - JD'WJNG ;c>,rC:6,P05iP ~AfEi·-.lAi ~TO!?f:._ -#553 . ~ /cf=l'i/OH Hl6Hi..AN/J-£> "::i.:-I0.0,-C'JN.; CT,iZ. [}EVM'r. I --I ~ .--.,,,. I I . I I I : I I . T.' .. I I V I I I I I ! I I i. I t I I ! ·' I 'i/ ., \i. ' . -. j,, 'I I, Ii II 11 !1 I 'I !1 I 'I ' . ,_ I <.: <t- t.! -'I" ' .• I . '-I r( I \ '" . I ,._ . \l ~~ . . ~ " (/ J}).:,·--.::· · ..... ~ ..,._._..,, ·-·· -. I l .... ..,.,· .. it :'.:·'.?;-'.· . <~.{ •. :·, . ·;::,~\ .. ·. ':"f~. V ! Ii I . I --t· -.·..:._. '-· I I I I I I I . I . I 1 . •· I t ' ! 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(f dar of :hrnc · , 1!1 f~'2 , lu-f .. 1<· 111,·, 1\,,· u11,kn·1i;ncd, • J Nol:ir)' P11hlic in Jn<I (or the S1:,tt· of \'f~shington, ,\111}' mma1i1Sin11l",I Jn,! .,1v,irn, 1-..·r1111l,,l))' ippr.:i.rrJ · ~J"i'Nli;J; £l-1) t:Jfi S/Ly// .~n,! · 111 mr kn1h1•1110 he !lie 1,/ic,:,,-Prcsfrku! .,n<1 S<.,-1L·!a1r, 1<·11wui·dr, of MULTI VEST LTr. · lhc mrpnr~tion th~! l'~rrnlcrl !he fo1qini111l il"/lrumcnl, :i.nd ~cknowlr.-lgr,l t)I(' ~:ii,! in~(rumr·n! tn be 1J1e free anrl voluntary . :i.tl ~n,! dt~d or ~;ihl cnrp,1ration, (o, !h~ u~s and purpo~s \hrn:in mrn1io11r.l, •1111 o,1 1>.1\h ~1:i.\c1I lh1t a\Jlhori2t·t!-1a c~ccutc !lw ,~itl i_mtn11nr111 ~oJ lhal !])(' seal ~ilu;rJ (il-~n)') -is rh9rmpor:11c . .i:ul nf j)i,I corpar~tion, Wilnm ~r h111J 1nd. ollici~I ml hcrclo :tffi~~rl lhc 1by anJ yrir ~?~--'~-~iiu~~--·· ,._ j J r.··-. . . . . lc&0t /.f:t. fk,J,l (>.,,."'" · N111,1,1 P,1bltr m ,mil f,,, 11,~ S1,,11(~/ 1r,,,uhw11o11, .. ~·~•loLU>•M•M1, c~uu, ... o~ · rtiidiiJt <ii I!: IHH] uah for111i\'1'. W-1·1 STATE OF \VASHJNt;TQN, l Couuly of KINC. f ·"· Onlhisc.bypcrsunallya11pc:1rci.lhdor\!111c Delbert c. :Bennett and l5ette Ann Bennett ~o mc· .known to he llw indiyitlu:ils described in 1ini.l who ~·xc1:ult>i.l the lnSITIIJJll;'tll.nml iicknowlcclgcd Illar they si.l;lncd lhc s.,mc :i 5 the.ir wilhin ~nJ forc1:uill!l rm: ~JHJ voh1:1!;1ry acl and deed·, for tl1e 11scs ;ind purp.ises therein l'l"lt:'t1lioned. 'it GIVEN UJJdi!r my·Jmnd :ind orficial ~citl this )·Cf'· d;iy or foun i\·.,. \\:" If, STATE Of CAL!fORIIIA COlfJTY OF ALA:·IEDA ss. On this 25th day of Hotary -Public in and far the State June 1 19,.J!!_, before me., the unden:igned, of California, with principal office in Alc~eda County, duly commissioned and Sl<lorn, persona11y appeared __ P_a_t_,_l_c_k_S_._T_o_tma_n ___ _ d Steven J. liouig t ,. an --------~---~~· o me ~nown to be the .J\s..5.-i-s-t-an-t Vice Pre~ident and STORES, !fKORPORATED, a Mary1and cor-Assistant Secretary, respf!ctively, of SAH~!AY poration, the ccrporation that executed the foregoing instnnrient and ackn~i;ledged the sai~ instrument to be the free and voluntary act ltd deed of said corpora.tion, for the u5es and purposes therein Jitentioned, and on oath stated that the}' are authori:z.ed to execute the said instrument and that the seal affi:t.ed is the corporate seal of said corporation. WITIIE5S my hand and officiul seal hereto affixi:>d the duy and year in this certificute first ijbove ~rittcn. (llotarial Seal) .. . 'lJ~sh~ngton, Ackno1o,1l edsment ~M;m lie LlJ(;il .VJ-- . ' PAAELA A. JOt-lES · 110ThRY PUBLIC in and for the-St.1tc· of .C.11~forni3, with princip,11 offic~ in the County of Alaw~da, residing at My Commission f:Xpircs: . M~rch 8, 1985 ,. --~t / i I I l ~ .. --~ ~1r\IBllyT~1\)RES. INC. P·.o~··i;cx h93 BELLEVUE, W\, 93009 11 •. 1•1,, . ,/, ';' I. •• '' 83/03/02 REC!) F CASHSL FIPSI' _. 'm l!"ASl ..:!!ms III'lli ~ l'W mll'Rtcr.lC>IS /\FFECT'lN,L',)11) 19.00 'IHIS ~ is IMde ss of thia 21st day of Jan1.on:, 19EJ3, between SAF'E::WA.Y STORl?.S, IlUJRPOR1,.TED, a liiicyrand c:orF(Jrait on, here9Tn called "Saf~my," BJ'lG. M.!LTIVE...C!T .IJIO., f". W.ishiogton corporation and DELBERr c. aENNETr and l3El'I'S A. BENNE:IT, hereJn called "Developer". l. RE C l TA L S l. l sateway a11d Developer enteted into on Ea""""1ts With Coven.mts aD:I P.estricUons Affecting I.am {ll'.:R), dated June 25, 1982 and recoroed on JUne 30, 1982, a., File No. 82063002l4 in the OfficJ.ol R!!CoJ:ds of Rln; Cbunty, Washington. 1.2 Safeway and Developer ht1:ve found thet Exhibit "n.:: m,d ~"-cl.hit "E" of the Easrne1ts W1.th C.ovenants and Restr.!c:tions Affecting I.and are in error. 1.3 Safeway and Develq::er hereby intend to eonect the Exhibit 111\11 <lJ'D the Exhibit "E" by s,!DLli~.ating a plot plan aJX:I a description attached hereto and m,de a part hereof eis E::khibits "A" Md "E" respectively. 2, AG RE tMENT ln O"'..A1Sideratioo of the nutual ccwenanb arxl agreEmmta herein ccntai.nP.J the p.!lrties hereto do hereby agree as follcMs: 3. TE RM S 3.1 ,tt,e E>dubit •11• •ttached to the Easerents 111th O:wenants and Aeetrictiais Affecting Lond, dated June 25, 1982, is hereby deeood to be del~tei frnn the ~ and of r.o further force or effect. The Eldlibit "A" Plc~ Plan attached hereto and iraile a part hereof ie hereby deaned lnlh, "ituted for the just deleted Exhibit 'A" aoo hereby tal<es i-cs place in the F.ase!rente With o:werwite and Restricticns l\ffecting L,r,d. 3.2 'lhe E>ehibit 1'E" llttached to the l=':-3:'3efIEllts With ~ta and Rootrictions Affecting r.ui!, da.ted June 25, 1982 is hereby deeae!I to be deleted fran the F.CR and of oo further force or effect. The ll><hihl.t "E' descriptia, attllched hereto and iraile a part hereof is hereby deated substituted for the just deleted El<h.ibit "E" and hereby ~ lts place in the F.aaeiente With COVenants an:l -tricUons l\ffecting Land. 3.l '1bie First illner<llrent is effective as of the date hereof, 8lld that except 4S herein m:rlified said Easemmts With Covenonts and Pastricticne Affecting Laro, dated June 25, 1982, •hall :ttarilWt in full force and effect. 3.4 Ead'I mid All of the covenants, tenns, agre,m,,nts and d:>J.i9ctions ;,f this Fi.nt 1'\lendirent to Easarents With Cl:Nenants and i.,strlctia,s Affecting I.an:! shall -to and b.lna and inure to the bmetit of the sucoesson, em/or ASBigns of the parties hereof, the eingula,: rn.ttber Includes the plural and cne 'J"llder inchxles all others. fl.II,.-=-Ar ... l. Tl!ANSAMERICA TlTLE INSURANCE COMPltNY 1063::1 Ii. l, 6th ~l'Rll"'I' RXLLEVUI, W ABlilNGTON 98004 H03eo A ' \ 0 ' Q'.) I "' ; 0 '· N ' 0 ,. ,, 8 ,, I i6 ; nr WI'.ft{ESS ~ the ~r.ties horeto haw; executed this agz.eareT'l.t and affixed their 9f?flh herrrto. (Coqx,rate 1 \ .J· ',, I ( '· --; i ... , ..,-, ~) :~y _;{ m"'H ·,-:. ~~!:,1& ~~ CATIPN .. "· ,:,· <:,A f!C: W,:J Y '5 ;,:;~{ex,· GJNu.--1:;:, ,;.c. ti, +N • t1lii~hr"II"//~ ~ ;.l.,.J_t£.!. .jE.L~-~diY.-.fii&J . \ ... ' :..----=,.'"· -i---; ., .. " . ~'Pi· -·--, . , .• .;;.. .. _-- -~..1 _1 __ ' . .. '111{ r t r .. it' E.C.R. fflBCIE-W , . '·· Ef.lTURE. ES!dC'G. All!EA £090 •. ,.. '''""'· 1_1' __ ,,._ _ .. :-1~·-l~.· / I I j, I I: I I i I [ . .;..e "';.o., ' .. ~·· I BUSH. ROED & HITCHINGS, INC, A STRIP OF LAND, 30.00 FEET IN WIDTH LYING 1,.00 FEET ON EACH SIDE Of THE FOLLOWING DESCRIBED CENTER l INE1 BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF LOT LINE ADJUSTMENT NO. LLA-007-82, CITY OF RENTON, FILED IN BOOK 32 OF SURVF.YS, PAGE 241 AND UNDER RECORDERS NO. 8207079005, RECORDS OF KING COUNTY, WASHINGTON1 iHEHCE HORTH 0"16')9" WEST ~LONG THE WEST LINE THEREOF 326.62 FEET TO A POINT HEREINAFTER REFERRED TO AS •POINT A "1 THENCE NORTH 89"43 1 21" EAST 174.81 FEET TO THE EAST LINE OF SAID LDT )J THENCE, RETURNING TO SAID •POINT A•, AND RUNNING SOUTH 89"43 1 21" WEST 357.04 FEET TO THE WEST LINE OF LOT 1 Of SAID LOT LINE ADJUSTMENT AND THE TERMINUS Of SAID CENTER l INE. EXHIBIT '"E" WBnh. Ack..-:.o·,dcdg::-.cnt • ,.;.·,,..\}_:,,>.~: -~-~:.:.::. •. .::~.~---· .. -,.' -~ ,. -·. •.•, SAFEWAY STORES, INC. STORE NO. 553 REN TON HIGHLANDS BRH JOB NO. B2016-F SEPTEMBER 24, 19B2 AL H I I {, - / .-... ----.. i: __ .,. 11 ·-· ·I • l . " L i l I C0l'~:7'i OF !~ ~n /~i·. :~t dov of -, w"'-':<l'.·'::0 . l?~f~ =a ma' tha undan:~c.ed o •o ::1.r_1 u c 1n .'.lnd rn thi.J l.llunty oJ.' _ ____:,__ , Stace of .N ~4'. · • <lY.•i~c~:,Jli,o;;}gniw. )ll)Wo t ''l!':i.U:uin!J,Jla)«,,L _ ho..L 1g ~ fi. I~~ ~o tfcl(nUJi «~-~ht) ;;en ,,1hb 'e"¥tt'F:-~'ef t:ltifroff;:"1-. O ~Ol:'lp; -:--.sc:-·..:-:-:-.~n :iha ~ck:i.owl..:!dr,~d the s,.rid i.nst:rument to be their free '° ~ and volunc.:iry .::ice .:ind c!~t?d, for the. usc!l and ?Ut"poscs therein mcntior:ed. I Wicn~~s .my h~~1d .;;.nd ofiic:!.ul .st-.il A~C-t >te l,r,c obov• ••,itten. hereto ilffixcd the d::i)' and ye.:ir in this I .. .. ; '4· i~-· ·. . '~·· .. I • ' .t\ I .~ ,: .,, : I ; .. -·'~ ·!.•, .. .... ... ,,.() ;1.: I •, . . .;·····. '"·•,-f'', • STAT::: OF CALil'O!UIT~ l "'. COU11I'r Ol' AL.\KEDA On this 21st Jctay or January , 19 83. before me, the under•1S11ed, a Notar:r r'UD.!.io i.i'"l eJ:d ro;-,;he t.:ouncy or-:IT'aineda, St.ato or Cal!.rorn1a. d~ly con:mia51oned er.d ol!orn, peraoll!'.llY appeared Joseph 'l'. Z1chtch1 a~ .Jamee B. Bolen, Jrs 1 to me known to. be the Asa1stl!n~ /ice ?res1aent and Asa1;,::an~ Secre.ai'y;-reapect1vely, of SAJIEWAY STORES, lNCORPOl!ATl'Jl, a Marylnnd corporation, the corporatton tllat executed tile foreso:Uis 1n- strt:1:1ent er.d acl:nowledgad the said instrument to be the free a.nd volun- tar:, act and deed of en1d corporation, for the uaea and pu...-i,oseB the~~!~ mentioned, and on oath etat~d that the7 are authorized to e~ecute the oa1d tnntru,;,ent nnd tr.at the seal affixed 1e the corporate oeal of said cor:por:i.t1on. 1/lTliESS l11J' hnr.d and orr1c1al eeal hereto 11rr1..~ed the day and ;rear in this cert1!'1catc t1rnt above written. W.a:ih. Ack.::o~lcdu,:cnt. .M! . NOTARY PUBJ.IO 1n nnd for the Stntc at Callforntn, with pr1nc1pnl Offioe in the County or All!Jllcdn, residins at Oakland, CA V.y con.n1001cn o:q,1rca: Hay 24, 12.§.'i' :;-.;·•.;\:·.~ i r ... 1 ( l ' I l ' ! i .. -=-w _.,, STATE OF W~SHI GTON, l - (ounty of H, ,. On this ( _:_ d.ay of lf4l..~") , I x/3. before me, th-: u.odmigncd, 1 Not,ry Puf.hc m and for the Stite of w/s"hington, duly cd'mmis,m11cJ ~n,j iworn, pC'n<1nally ap~rt'd ;Pt,t,u,.,,Y a/ &,,..,'7 oml- ro me known td ~ the Prcsid,mt lllt" Sera·my, rrspt·(fody, of c.~,,;( -;;,,.._, . th( mrpoution that cimuted the fo~going in~trumcnt, 6d :icknow!edE!ed lhe s2id instn1mmt :o be !he lree Ul.d Nlunttry Id abcf d(N of ufd rorporation, for the wes Rnd purpms therein mentiontd, .and on oath ,tatM thll ,uthorizc.d to e)l«ute the s:i.id lrutrument ind thlt the sea! .iffixcd (if ;my) is the corpoute std of uid rorporation. Wirntu my "1nd md offidll seaJ hereto a/fixed thr a,y a r lir,t :thovc written . . .... tf. ..... /4-x-t<".'f.; .... , ..... ACICNQWLliDGM!:NT -CORP,ORAT!ON FIAS'f·AMlRICAN TITU' COMPANY WA-48 in ,md Jrir 1h, Sr11, of W,uhihlion, <--__ , i / f I.,, ' ..... ·- I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 IB 19 20 21 22 23 24 25 26 27 2a 29 JO 31 32 ]3 34 35 36 J7 JB ]9 40 41 42 43 44 45 46 47 4B 49 so 51 52 53 54 " • WHEN RECORDED RETURN TO: SHARMAN BRAFF, ESQ. RktlwRmia1.111F1"1,Jqttll FIRST AMERICAN TITLE FoUR'fH & BLANCHARD BLDct SEA11t.E, WA .wlt21 • SAFEWAY INC. REAL ESTATE LAW (being ~e-~ecotded to include attachne:nt5} 4TH & JACKSON STREETS OAKLAND, CA 94660 SECOND AMENDMENT TO EASEMENTS wrm COVENANTS AND RESTRICTIONS AFFECTING LAND THIS SECOND AMENDMENT is made es of the If,-,. day of August, 1994 by and between SAFEWAY INC. (11 Safcway,.}, a Delaware corporal[on, succc~or by merger to SAFEWAY STORES, INCORPORATED, a Maryland corporation, and MATHEW E. AND GAYLE N. TONKIN, husband and wife, as to an undivid~d fifty percent {50%) interest, REBECCA TONKIN, as her sole and s~paratc property, as to an undivided twenty-live perccnl (25%) interest, and FRANK E. TONKIN, llS her sole and separale property, as to an undivided lwcnty-five percent (25%) interest. WHEREAS, the parties (or their predecessors) entered into an Easement with Covenants and Restrictions Affecting Land (as amended by the First Amendment referred to in the next paragraph, the ''Oiiginnl ECR," and ns amended hereby, 1he "ECR'1) dated June 25, 1982 and recorded on June 30, 1982 as File No. 8206300214 in tlie official records of King County, Washinglon. WHEREAS, the Ori~inal ECR was amended by a First Amendmenl to Easements with Covenants and Restricuons Affecting Land dntcd January 21, !983 and recorded on March 2, I98J as File No. 8303020380 ill the official records of King County, Washington. \YHEREAS, Sitfeway has purchased certain propeny referred to in the Original ECR as ~Parcel JIJ" and certain additional property adjacent thereto (collectively, the 11 Additiomil Properties"). WHEREAS. the parties wish to make the addi1ional propeny purchased by Safeway subjec1 to the ECR., and to amend lhe ECR in certain olhc, respects. NOW, THEREFORE, the panics here10 agree as follows: I, Delin(tions Terms used herein without definition have the meanings given them in the ECR. 2. Additional Properties fn addilion to its ownership of Parcel l, Safeway has acquired the Additional Properties, consisting of the real property referred to in the ECR ns Parcel III and cen.11.in ec1ditional real property ndjacen1 thereto. All the Additional Propenies nrc described in Exhibit F attached hereto. The Additional Properties are hereby miide subject to, and granted the benefits of, the terms, provisions, covenants, easements and restrktions of the ECR, and shall be specificaJJy iricluded in lhe term 11 shopping center," as used in lhe ECR. Exhibit F hereto shnll be added to lhe ECR as Exhibit F thereto. The Additional Propenies ere identified in the revised site plan attached to this Second Amendment as Exhibit E-2 (sec Sect'1on 3 bdow) as Pa.reels Ilf, IV, V and VI. Parcels I and II remain as defined in the Original ECR. l 468ccr3 (08/08/94) ' '• L r . I 2 J 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 2D 21 22 23 24 25 26 27 28 29 JO JI 32 JJ 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 • 3. Amendment of Exhibits A .and E Exhibit A to the ECR, consisting of a survey showing the tocation of Parcels l, II and III (as defined in the Original ECR), is hereby amended by replncing such exhibit with Exhibit A attached herelo, showing the locations of Parcels l, II~ IU, JV, V and VI (as defined in this Second Arnendmenl). Exhibit E to the ECR. consisting ofa site p!an showing the layout of Building Areas and Common Areas in the shopping center, is hereby amended by adding thereto E,chibil E-2 attached herelo, showing the layout of Pa.reels Ill, IV, V and VI (as defined in this Second Amendm~nt). Exhibit E of the ECR. which shows !he layout of the Bullding Areas and Common Areas on Parcels I and II, shall be renamed "Eltbibit E-1. n 4. Parcel 111 The Additional Propenies include the propeny identified in 1he Original ECR as Parcel 111. Such property has been rcparcelized. AJl references 10 Parcel III in the Original ECR ere hereby deleted. 5. Relocation of Safeway Store Safeway intends to rclocacc its existing store from Parcel I to PnrceJ UL All fcfcrences in the ECR to Parcel I shalt be deemed to refer to Parcel III, as herein defined. 6. Building Areas· Common Areas Section l(a) of the ECR is amended and rcstatOO to read in full as follows: (a) "Building Areas 11 as used herein shall mean: (i) th11t ponion of Parcel llI devoted from time lo time to building improvements, (ii) that ponion of Pnrcel I devoted from time 10 time to building improvemenr.s, provided that such building improvemenu shall be constructed within tl1c footprint of lhe building shown on Exhibit E--1, and (iii) with respect to the balan1;e of the shopping center, those portions or such propertie:s located wi1hin the building limit (ines shown on Exhibit E-1 and Exhibit E- 2. Section l(b) oflhe ECR is amended and restated 10 read in full as follows: (b) MCommon Areas." ~hall be all of Parcels I, IJ, JU, IV and V exccpl said Building Areas. 7. Exhibit A Misreferences Certain provisions in the ECR erroneously reference Exhibil A when Exhibit E is !he intended reference. References to Exhibit A in Sections 4(a)(2)A, 5 and 8(a) are herelly changed to Exrubits E-1 and E~2. 8. Duration ofEC'R Section B(e) oflhc ECR,. "Duration," is hereby amended a11d restated 1o read in full as foJlows: (e) Duration. Unless olherwise canceled and terminated as pem1iHerl herein, all the efl.Semenls granted in this e.grecment shall continue in perpetuity and 1111 other covenants, conditions and restrictions she.II automatically terminate and be of no fun her force or cffccl after seventy (70) years from !he dale of1he Second Amendment. 1468ecr3(08/0B/94) 2 -', T ,. ' ,~ I 2 3 4 s 6 7 B 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2B 29 JO 3 I 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4B 49 50 51 52 - 11. Grocery and Pharmacy Exclusives. There shall be added to the ECR a Section 15 reading es follows: 15. Parcel 111 Exclusive. {a) Parcel IU Exclusive Except as provided hereinafter in this Section 15, the store on Parcel III shall have the sole and exclusive right to sell (i) food for off-premises consumption and (ii) merchandise which, under the Jaws oflhe Slate of Washington, is required ta be dispensed by or under the sup~rvision of a registered or licensed eharmacist ("prescription pharmacy merch!!indise"). Stores in the: shopping center other than the store on Parcel 111 may devole up 10, but not more than, the lesser of (i) one thousand five hundred (1,500) square feet of sales area (including aisle spRce adjacent thereto), or (ii) sales area (including .aisle: space adjacent thereto) of up to ten percent (10%) of the 10111.I square footegc of the store, to the sale of food for off-premises consumption. Furthermore., the provisions of this Section l 5 shall not be deemed to prohil,it a restaurant (fast food or sit-down) from selling food prepared on premises for off-premises consumption. {b) Tenninfltion or Pared Ill Exclusive. The restriction agninst the sale of food for off-premises consumplion contained in this Sec1ion IS shall tcnninate and be of no further force or effect if, during the first two (2) years afl.er the date this Second Amendment is rccordcd on the records of King County, Washington, a grocery store does 1101 open for business on Parcel Ill for any renson other tban those set fonh in (1) and {ii) below, or if, at any time a.ft.er such a grocery store first opens for business on Pnrcel HI as aforesaid. a grocery slore is nol operated on Parcel HJ for ,11 conlinuous period of three (3) months or more for any reason other than (i) a strike, lockout or other labor difficulty, fire or other casunlty, condemnation, wo.r, riot, insurrection. act or God, the n::quirernenls of any loco1l, state or federal law, rule or regulation, or any other reason beyond the reasonable control of the owner or occupant cf Parcel IIJ (other than rinancinl) or {ii) temPot:Uy closure due to the restoration, reconstruction, expansion, a1teration or remodeling of any buildings or improvements located in 1he shopping center. Furthernore, the restriction against th.e sale of prescription pharmacy merchandise co11tnined in this Section 15 shall lenninatc and be of no further force or effect if, during the first two (2) years nfter the date lhi~ Second Amendment is recorded as provided in the previous sentence, prescription phannacy merchandise is nol sold from f41rcel IJJ for nny reason olher thnn those set fonh in (i) and (ii) or the previous sentem;:e, or if. at any time after prescriplion phnnnacy merchandise is first said from Parcel JII ns aforesaid, prescription pharmacy merchandise is nol sold from ParceJ Ill for a continuous period of three (3) months or more for nny reason other than those si:::t fonh in (l} nnd {ii) of the previous sentence. The provisions of thls Section 15 are for the benefit of Parcel Ill and, nolwilhstanding any other provisions of this agreement, may be enforced only by 1he owners of Parcel III. 12. Mexican Reslaurnnt Exclw:;ive. There shall be added to the ECR. a Scclion 16 reading Rs follow:i'. I 46Bccr 3(08108/94) 3 - l. -, ;I 1 ! .~·' I 2 ] 4 5 6 7 8 9 JO II 12 Jl 14 15 16 17 18 19 20 21 22 23 24 25 26 27 e • 16. Pucel II Exclusive. (a) Parcel Il Exclusive Except B..!I provided hereinafter in this Section 16, 1he restaurant on Parcel JI shall have th: sole and exclusive right to operate a rcslnurnnt (rast food or 1>it~dm:vn) specializing in Mexican food. (b) Tcmtino.tjon of Parcel JI Exc)usive. The restrictton egWnsl Mexican restaurants contained in this Section 16 shall terminate end be of no further force or effect if a Mexican restaurant is not operated on Parcel 11 for a continuous period of three (l) months or more for any reason other than (i) a strike, lockout or other labor difficulty, fire or other casunJty, condemnation,. war, riot, insurrection, act of God, the requirements of any local, state or federal law, rule or regulation., or any other reason b~nd the reasonable control of the owner or occupimt of Parcel II (other thnn finantial) or (ii) lemponuy closure due to the restoration, reconstruction, expansion, alteration or remodeling of wiy buildings or improvements located in the shopping center. The provisions of th!!! Section 16 are for the benefit of Parcel ll and, notwithstllllding any other provisions of this agtel'!'ITicnt, may be enforced only by the owners of Parcel II. 12. Full Force nnd Effect Except as expressly provided herein, all other terms a11d conditions of lhe Original ECR are and shall remain in full force and effect. IN WlTNESS WHEREOF, the panies have executed tlus Second Amendmenl as oflhe day end year first above wrinen. SAFEWAY INC. (e Delaware corpor111ion) Mathew E. Tonkin Gayle N. Tonkin Rebecca Tonkin ' Frank E. Tonkin 1468 ccrl (08/08/94) 4 .~.··~'" ·~·,,j_-~-'. .. : ~-:'.. . .. =' · .. /.J.i ... ., • - ACKNOWLEDGMENT STATE OF CALIFORNIA) ) ss. COUNTY OF ALAMEDA) On August 19, 1994 before me, B. J. Mazurie, Notary Public, personally appeared Sharman H. Braff and Jerome P. Harrison, personally known to me to be persons whose n!lil1eS are subscribed to the within instrument and acknowledged lo me that they executed the same in their authorized capacities? md that by their signatures on the instrument, the persons or the entity upon behalf of which the per5ons acted, executed the instrument. WITNESS my hand and official senl. Signature._..,,_'5...,_,'~H,(L-----i'V'=-===·~ I p-~ (Seal) 1~tr.~ :,:;;:::·t· :· .::/: .:;:: <·: · .. ·(::\~~:··:/· '::.::)),: .r:~:<\.; ·::·: )} / ~.;;. ·~:~.,··:-?~> :\ - • I I 6. Parcel IJ Exclusive, 2 3 (aJ Parcel If E,cclysivc Except 83 provided hereinafter in th.is 4 Section J 6. lhe restaurant on Parcel JJ shall hnve the sole and e:icdusive 5 right to operate a restaurant (f,1.5l food or sit~down) specializing in Mexicnn 6 lbod. 7 8 (b) Termination of Parcel II Exclusive. The reslrictlon againsl 9 Mexican restaurants contained in thls Section 16 shaJJ tenninnte und be of 10 110 further force oi-elfect if a Mexican restaurant is nol operiued on Parcel 11 II for a continuous period ofthrec (3) months or more for any reason other 12 1han (i} a strike, lockout or other labor difficulty, fire or other casunlty, 13 condemnation. war, riot, insurrcclion, act of God, the requirements of any 14 local, state or federal lew, rule or regulation, or any olher reason beyond 15 the reasonable control of the owner or occupant of Parcel JI (other than 16 finuncial) or (li} temporaI)' closure due lo the resloration, reconstruction, 17 expansion, alteta!ion or remodeling of an_y buildin~s or improvemer.ts 18 localed in the shopping center. The provis1on!I of this Section 16 are for 19 the benefit or Parcel II and, notwilhstanding any other provisions of this 20 agreement, may be enforced only by the owners of Parcel Ji. 21 22 12. Fyll Force and Effect Exccpl ns expressly provided herein, all other terms and 23 conditions of the Original ECR are and shDII remain in full force and effect. 24 25 IN \VITNESS WHEREOF, the partie.s have cxecu!ed this Second Amendment as 26 oflhe day and year first above written. 27 SAFEWAY INC. (a Delaware corporation) STATE OF fc~4 ' } ! County of I'-I /L1 ,/ J J ~.,, +JI< G TcJt,.J I--( I . . On this day, pc,;iO lly 3ppe.ared before me c ~ ) l be '1€d.ivldu:tlUI) who cxecutcd I.he within and tO me known (or proven Orl d'lc ba5il of siU#c~ory .ieyi~ili~ sa~c :i..,; f~ :ind volu(l[a,Y :IICl :and deed, for the foregoing inst.11.:unent, :rnd :u:kn~•Jedgcd th.2t sia.ni= ..£4 _ c> / uses and purposes therein mentioned. JU cby of /Jti•f';£l~I , 19 ,2-. GJVfN UNDER my tu.nd ;md officil.l .se:i.l this ' • • , • I 16. Parcel n Exclusive. 2 J (a) Pru-eel JI Exclusive Except as provided hereinafter in this 4 Section 16, the restaurant on Parcel 11 she.II have the sole and exclusive 5 right ID operale a res1aurant (fast food or sit-down) specializing in Mex.iCiln 6 food. 7 8 (b) Tennination of Parcel II Exclusive. The restriction P.ga.inst 9 Mexican resteurants conla.ined in this Secticm 16 shall terminate and be of 10 no further force or effect if a Mc,.icen restaurant is not opr;ratcd on Pnrcel 11 11 for a CQnlinuous period of lhree (3) months or more for any reason other 12 than (i} a strike. lockout or other labor difficulty. fire or other casualty, 13 condemnation. war, riot, insurrection, act of God. the requirements of any 14 local, state or federal lnw, rule or regulation, or any other reason beyond 15 the reasonable control of the owner or occupant of Parcel II ( other than J 6 financial) or (ii) temporary closure due to the restoratlcm, reconstruction, 17 expansion, alteration ot remodeling of eny bui1din$S or improvements 18 located in the shopping tenter. The provisions of this Seclicn 16 are for 19 the benefit of Parcel ll and, notwithstanding. any other provisions of this 20 agreement,. may be enforced only by the owners of Parcel ll. 21 22 12. Full Force end Effect Except as cx:pre!!lly provided herein, all other tenns and 23 conditions of the Original ECR are and shall remain in full force and effect. 24 25 IN WITNESS WHEREOF, the purties have executed this Second Amendment as 26 of the day ond year first a!Jove written. 27 SAFEWAY INC. (a Dctaware CO[llor.ation) by Its "A,..,~,,,..,~ta-n~t .-v"',c-,~P"',-es....,,d,..e-nt,----- ,bay& '7l. J~ Gayle N. Tonkin by_~~~~~~~~~~~ Its Assistant Secretary Rebecca Tonkin 4 ,: :· .• {\:. ·i· 1 :..0 0 C"l 0 0 ~ ... If) (J') - , ACKNOWLEDOEMENT (IndividunlJ STATE OF WASHINGTON, } -___,,"..:,wY'-l'c=~------, "· Counly of 1::: "'"":::=l / J. 't,l\..t..y... J'.'0 D l)..y,) S frv'.. , Nolary Public in and for tho Slnte ofWeshington, residing at .,PnJlo.u....J....y::.., , do hct1iby certify thot on lhiu ~ day af f\...ut;t+.¢?'l:: .19~, pcrsunnlly oppcared be[ore me lX:'6..~ f.~ GCM!)Y' fl ~ a.,...Q \l.J9g, CCC\. ~ 10 ml! known la bL" the individuoJ_§_ described in and who ei,;eculed the wilhin instrument nnd acknowledged lhal % signed the Stlmc as '1h.r'.AA free end voluntary act end tlt!l!d [nr lh!! uses ond purposes herein m1mlionl!d. Civr.n Under My Hand and OHicfol Scill lhis ~ day uf _~A~"--2,le-~~~· ___ , 1ei:l. -1:.J_v..,, 1/Y\ D {Lv,)S a/'-.. Notary Public In 1md for the a tau, 0£ Ill~• ::-3 1:-0C:::: My nppolntmonl axplr11s: L.\ -~ q) ,.,.11<> .. tedk•-111 jll><ll•ld,u[) \\"•1NnAl1>n 1-C'll•l JJlool.. I""-huquoh. WA fgrm Nn. ~ 6107 .,Mn:HJ.-\1. !'.l.-\l' !I.OT tlt REPFIOOIJCED IN W!IOLE OR IN PAl!.TlN ANY Ftllll,I WJMTSOEVtR. ' Cl - ; EXHIBITE-2 SITE PLAN FOR PARCELS ]II, IV, V & VI ., ;. ". ---··-··.,-..... ,._~· .. --~~ ... :.;_.'.~-~·~=;.;;~~~:.~rr3::~'.:·x tt:~ UNION AVENUE SAFEWA" A BINDING SITE PLAN SITE PLAN. 11 ....... l./4. GED. 11:i. 7, •• "·· ~ • "-· "·"-L.U . .A, liO. Ll.lA-V4-1 .. 0-D8r LI..M:0 NO. 1..NC-OD-0011> cin-Y or IUl!KT'Ott. ~ OOUNTY, 'W.i...HlNOTOk Jo I ' I I ! I J. ,.I '/; ,• I I I , ... -....... . ,_ ... _ rx1StiNC: s,,rrvu,Y 'ST{JQE ., ~::.;:,::-,'-j ,';.,·y·~ . ---• -.-·-· • • ~ b • '! .l. I .. ____ , .... : ·--: -·--·-m,.. :t -. ·--~... ------- b -·-·-- ' . , ----___,__ N.E. N.E. -= !;; 1:-.t 1 -·-""!·~--' _ ..... ,,IQ ........ ,,., (al!Et) ·-·-II. -·---=--=-.:_~- /il~...}!':(L!l'il..fill.B 5AF[WAY Jll>ll:lfl .... l'Ol.1IO") .3 11·~· .... .......... ---~ .... JI 1'""'"1 4 th 5-T --,=.,.---...,.."·---'----.....----- ' NORTl1 LJNE CF 10UTH a2~· oF EA5T 112,Svtu ... ,sw,,...,s~TIOrt lO 3 24 .03 PARCEL ill) ~09 AC. w • 0 , • ' • u 0 ~ . ' .; • " ... "' 0 ,n <D I I I i I (1 ~· : I "' "' 0 • • 0 ' u w SlffOOX Ft&: PABCf:L/ECR PARCEi, .l: THAT POR't'lOH or THE M£5T 0/lt 1,,\. t or THE SOUTlnresT QVARTER Of THE SOIJTHWt::1 .··,,RTER OF SECTION lO, 'l'Om!SHIP 2l NORTH, PA!l•:t. '!o f:AST, W.H., 1H :KitlG COUNTY, WASHINC7QII. !11,!,,'lcCBEO .\S :FOLLOHS: COHJ'll:UCI/'IG AT THE SOUTHWEST co1mt:H l)f S-'IID SECTIO}I 10; THEHCE' NORTH 0•25•1)" WEST ,t2.04 FEET; THENCE SOUTH aa•o4 ·~a-EAST Pl,.RALLEL WITH TH£ SOUTH. LIHE or SAID SUIJDIVIS[Ofl ~D. DJ FEET TO THE IHTER:3EC'I'IOH or THE &AST MRCtH OF UNION ,\Vf:t/UE NORTHUS1' lollTH TH£ HORTH ttMGIN OP" IIORTHEAST -'TH 5TJ!t£T; THEKC£ HOR'fff 0'25 1 1J" Wi:S'r ALONG SAID E,l,S"J' }UP.GIN 15B.OO FEET TO ntE TRUE: POINT OF BEGIN"NIN'G: 'l'HDICt SOUTH S6"02 '58" UST 142 .l2 FEET TO THE EAST Lim: or THE WEST 182-00 FEtT or SUD SUBDIVISION; THENCE" NOll.nl e~·U'2l." EA.51' :ZU.6,t FEET TO THt HE"ST LINE OF 'l'HE £A.ST 250. 00 FE&t' OF SAID WEST ONE HALF (AS HU.SURED ALOtfG THE SOUTH LINE Tlil!:REOF); THE:NCE NORTH 0'16'J!il" NEST ALOHC SAlD WEST LIHE -'71.96 P'!:rl' To THE SOUTH LIME OF NORTH fi2SI, 00 F~E'l' OF SAID WEST ONE HALF OF 'l'HE SOUTHWEST QUARI'ER O? THE S011TKWEST QUARTER OF SECTIOA 10; 'l'Hfl4CE NORTH u•u,J2• WEST ALONG SA.lo SDU'l'H J..IH! 9.1.89 FEE:"?' TO 'l'RE l!AS'l' LINE or THE NEST Jos.oo FEET OJ:I" SAID SUIIOI\l"XSXD!f; 'l'HnfCt" SOUTH o•;i:!111J 11 !AST AI.OffG SA.10 EAST LINE li5. 05 FEET TO THE S011I'H LIJIE or THE tfOilTH 69-t..00 FEET Of' SAID SUBDIVISIOHi THEl"ICE: HORTH ea• 11 + J 2 'I IIES'1' II.LONI'; S;\IO SOUTH LINE 265. "2 0 FEET 'l'O SAID EAST >O.RClll or t!NION AVENUE HORTH!:lt.ST; THENCE SOUTH o•25'1J" EAST 1.UlffC SAID £AST KARG IN 41. 7. 41 FEE'l' TO THE TRUE FOil'fT OF BECltrll'It-11:. ~~ LOT J or CITY Of R!N'X'ON BI11Dn2C !IITt PLAN NO .. LUA-94-UB-BSP .U l'OmID IN VOLUMI! OF BINDING SITE: t>U.MS, PAC?! THROUCJi I RffiRDS OP ,:me CUUHTY. WASHiffGTO~ AND aECtiRDto UNDm Jt!HG COUHTY RECORDlfl!. NO, ____ • r.:CR PARCtJ, IY LOT 4 OL'" CITY OP REffTOH BINDIHt; SlTE P.LAN NO. LUl\-!H-UB-8SP AS rgUflD IH vot.mn: , OF BIIWIJIG :SlTt PU.HS, PAGl!:S 'l'HROUCH , RECORDS OF t;ING COUNTY, i-fASHJ:HGTO"if."""" AND REC<IRDEIJ UNDER ..-IHC. COt/NTY" llECCRDIHG NO. ECR PARCEL Y LOT t OF CtTr OT RENTON BINDING :SlTI!: Pt.AH no. Ltr.\-94-H8-RSP A.!1 FOUND IJf VOLl'H& , OF Bil"Dil"C SIT& PLANS, PACE:S THROUGH , RE.CORDS Of KtNC COUilTY, WILSHIHt:roW,-i\HD RECORDED UHDER KUIC COtrli'rt JlECDRDINC NO. EGB PARC:EI, VI LOT 2 OF CITY OF RtlfTDN SI!IOIHG SITE PL.\N HO. LUA-9•-ue-esp Alo FoUNO IN VOLUME , OF BIHDIHG SITE PI.Ul'S, P~Gt.9 ~THRDOCH~, RECORDS or IClHG COUNTY• HASHIHllTCIN I MD flt::CORDEO UNDER KING COUNTY RECORDING NO, TOCE'THtR 'r'ITH TIIE EASEM.tNT RIGHTS AIID BENEFlTING JltsTRICTIOJl"S W FAVOR OP" SAP"E\IAY STQRE:S, INCORPORATED OVER ~HE 'PROPERTY 0ESC11IB£0 BELOW, CRt:ATI:D BY THE EASD4E"NTS WITH COVE.'lAllTS AilO RESTRICTIONS BETWEEN SA.FEHAY STQRE5, INCORPDRA'l'ED, A KARYI.AND CORl'OAATIDII AND MULTIVEST LTD, A WASQ!NUTCJN CORPORATION AHO DELBERT G. AND BETTE A, BENNETT, RECORDEO ON JUNE 25, l982, UNDER KIIIG COUNTY Jl[CDRDIHG NO. P206JOOH4, RECORDS Of' KillG CDU?ITY, STATE OF WASHitfCTOlt, SAID PROPERTY BEJ;tlG DE'.SCJIIBED AS FOLLOWS: !CB PABCF'.f, tr: TIIA'1' Pn"R'ftOJr or THE wes'l' O!IE IIAl.r or 'fH:E SOUTHWF"..S'f Q-UARTCI OF' nu: SOITrllWP.:sT Q-lJo\R1'ER OF" 51::CTiotl Ill. rmmSHIP 2J /IORTII, RMli.£ 5 asr . lf.:1., ti/ li;IIIC C:-VUllT1, 1--lo\Sll(IIC'fO!l, OESCi1I8[0 AS fOLWh'S: COMMEIICWG J\T Tilt SOUTHWEST L'.DRtlt;r! of S,'L[O ;;t:cr:011 10; T/1&:IC'E Nu;..;11 f1•2s 1 um I-IE.!rt 42.011 ·:;,rr ·:~?:-/:·::.: .<·):;:.r.: ::·.;'/ ·,::_y'::;.?::.:.:.i:.-_.<,: ,:,,,. ,:::·i).;:i ~ }/ -::·.·. · ,..._ ....... .,~--., (}bp:Jk:s' ---.I: rti::t · .,,.,--ll rcr , J /SECT ION 'O I• l 'F0.1/,?".ltf&JJl:&ClJ>: . PI..S 6'154:15'~: / ; ! > .. w ' . 0 "' S88'07'16'E NORTH LINE CF :iOVTH l!i~~·OF"EAST 112,sw1, 3 24 .03 ' ' 6.S.P. LOT 3 (E.C.R. PARCEL I[ ) 25l81S, SO.fl. OR 5.rno'9 AC. ----_____ ,._,,.,.. .... -:-· . '·'. 'it : 1dz' \i;,(ti I. t. d{( ·:: .. _:::;,;: ,~s:t:i~:.; ... j, •• ./50.JTH LJHE OF NQIIT11 fil9 10FSWll•,SWIJ1,SECTION ,o I FD.. 112"" REBAR & CAP 1 , s ss·11'32'E · Pl..St1lS6.:111~ 1 342.67 \_ !.' PORTION Of 1~' WIPE W,.TERLIH£ __/ AUR.EEMEHT AEC. JIO. "180) J i11 ti~ ,'t,() E"A5EMENT TO C11T QI'" RENTOH FOR PUl!!ILIC WATl;H RE;. 110. 'i00117DJ72 1•1.00 B.S.P. LOT 1 (E.C.R. PARCEL :Jr) . 41355 50Fl. OR 0.9494 AC. J "' . ' <;1 . ' ... _.,_ J --£" __ : .. •' .. w ' " 0 "' -----. ~--~-· ····--- · ........ ·; ... -:\t:J:.i:,J°,t ...•. .. -·' ·.:. • " -, . f_H629 1oF TH£ WEST 112 W 1/4 OF SECTION 10 CONDOM IN I UM - !: N, 159''0F THEW 112 OF THE SW1/"4 i' OF SECTION 10 1----u-' 265.20 ' ... , 9511.200306 NB1'll1'J.cwg2.89 ,. 9,i.00 ':,aw ~B!!.20 fil . .........,__ .1,.... 'T--L=== ""-n 11 :I -• ~I / , /FORMS OHL,__./~ fl ~ FoonNoL1~&:stB1/ [ ( ,.._, _JI ti!~ ~- EXISTING SAFEWAY STORE WE'5.l LlllE DFE.lH2!t0°0F"WE51112______..... I OF sw,r• SECTIOK ,a l 1 I ::11 ~11 ;I 1 ~I Y FEE PARCEL/E.C.R.PARCEL l 15.J. 369 50 S ( O!l: :J.$•1 .lCRES ~I I I zl ~ ~r ~ ,~,.oo 3.S.P. LOT 1 (E.C.R. PARC • 41.35-6 SO.FT. OR 0.9494 AC _ .. ~. ~ ·:. i: :·, ·'r:f ., :,t,.: " I ORTH 1/4 CORNtA + = I ,o I ' ----~---- • . •n ,o • " ·a • -------7~1.1' ' : I ' ~ uj U) tJ > <:( C\J ~ (') I ... -r..: ~ i ~ ... : '• :; " s tij .~ -;; z ~ ·" a ."' • LI) "' a w z ::::) z - -~ o, "' .. •• .c ·~ ., ~. •• ~;: '" so ,c:20UTH l lNE O~_THE NORTH 1129'0FTH[ WEST 11 :Z OF'TH~ SW l/4 CF THt SW 1/,t OF' .SECr,ON' 10 -\ CONOOM/N /UM .. ~r-S,CINE O'THE H ... , ' OF Ti.tE sw,, .. 0 f' SEgf,"l,~! 1p112 OF THE sw11o1 -, ":12-E 265.20 V -.. ,o.o I, Noe·1(-,2·w .20.s.aa ~~-----,±,, I ~~-=71r ; FORM 5 ONLY-f / "=--._,,,_ J ' EXISTING SAFEWAY ' Sl I . ' : Wf.:ST Lml;: OF E ' OF $WH" SECT ' SAFEWAY FEE PARCEL/ E.C.R. PARCEL 154.369 SO. fr. OR 3.5.:i ACRES ' --::.r .jL...... ·::!; -.. . ;,_ ,, ..... ,t>,; ... - -~-·:.-::.c.:L.~·v:~~-~-~-·~~---~zs _:fJ~ .. t~L.,~::j I .. \ . · ... ,.) '··1 : ~~ ·-; <"; I ' ./ -~~'.! :~. ;-···: f-.. " ~---~~~---.L 9S11:::ao3a1, NUE N.E-. N Q";:> !5_'13'W so·2s'13~E: '417,'41 Ui )> <1 ( 132 AVE. S.E.) 41 Zc'J 1 / -:.re:::======-- ~ H 0"25'131w ' ' ' ' • I o. :k 1=, <n fg ~· ·' a.,__ n' 00 •"i >cc m ·~ • ---~ ~ I 1 • "' 0 "' 0 0 CII " " "' Ql LOT 4 (E.C.R. PARCEL Ill ) ,a".OO SO.FT. OR 0.9435 AC. -11;1'JE-~PHOH£ E"A$EME"Nl REC. NO.J'!,7'!,fiOf. 1112.17 323. 28 SLOPE E"ASEMEHf Jl(C 'Hl 23 l~ ' • ' ,' ,,' ,o' ·. UJ • . § N N " • ~ 0 • 0 • 0 % t/1 ~ • . % w , w ~ • • • w " w " • ~ ., . 0 • 0 " ,o.moal• --· ~'SEM~•,; ~O~ SA.Nlf,6.Fl't SEWER_ ... ~c. NC 01oe.Jo1J20, e,1 0728 ,e, ..... 106JC 1n1 e.. 1!7072!1UI-IS 2 % 2 > u w ~ ; • • . • • ;: w • " 0 " . . w • " 0 w ' a ~ < w ~<.1.•; ·1n,.u,:r; :>C•.rTH u,,•oi•~11n E:A0>1' PJ.llALLr.t. H1TH . '~= . .. . ~ ' : <" • l :·11r:. UITERSEl'"rIOH Of tllE ~sr IQ.;;..;m Of .:11c;j ... '!l .. '11Uf; !fOIITllF'.AS:" 'WI'TH THE ilORTH KARCIH OF NORTIU;AST 4TH SiR[E'r; THEh'CE t,'ORTH o·a 1 1J" \.ltST 1\LOllr. !ihlt> E'.i\!:T a-1J\.RC[Jl 150.00 fCct; rH~CE SOUTH SA•Q;?'';B~ .EAST 1"2. t2 FEET TO TN£ £AST LIN£ OF WE "If.ST Hl2.00 PE£T OF f.AID .5U11D!VISJON AllO TJ·U: TRUE ~OltJT' OF BE~INN!~Gj THEtlCE IIORT!t &'l•4::t'21'" E~T 214, 6~ r'E:ET TO THE W&Sl' LIIIE or TllE EAST 250.00 FEET Of S.\ZO ~iZST ON'E ll,.U' /ll:<; ~ ... srmc-r, . .:..i..uhu ltll. !:lu,J'l'H LIHE THERE:lF} J TIUllt:E: S0lT't'H 0'U'J9" !:AST ALOHC SAID WEST LlNt UiP.i,Jl FE:ET 'rO SAID NORTH KARGiti Of NORTH!:AST _.TH STREET; THENCE :IORTll 8B'0'2 1 !18" WEST ALOHC SAID NORTH KAKGUf 214,H Ft:£1' TO SAID E:AST l.IHE or THE 'WEST 18.2,00 rEET Of SAID .SUBDIVISION; THEllCE NORTH o·:i~1.l) .. WEST AL:ltlG SAID CAST LIN£ lSB.00 FEET TO TKE Tl!U~ POitlT or BtciIHHING. PRINTED JUN O 31994 euSM. IAA'.111. N:JCHiNGS f"f-H1131T f1 SAFEWAY STOREN0553 L EPARATI N URVEY NEC.UNION AVE.N.E.&N.E.4TH ST. RENTON KING COUNTY WASHINGTON BUSH, ROED &-HITCHINGS, INC., P.S. CIVIL ENGINEERS & LAND SURVEYORS S,i'ATTLE, WA5HIHOTDPi .:s:n.•u.,1 -~ 93178.0:, ·_,,,.·.;. -.. -~·,., .. ,·r,c1::·,;r·,~ !- • 8°02'58"W 75.06 ,,- l;:g·o 11UMP- !DUSE . < u a, 0 g - ,; " " !' J >· ~?a'>~·~·-•,~----~J:£: B.SP. LOT 4 (E.C.fl. PARCEL E 41.'IJO So.FT, CR 0.943:li AC. '. -f,.,, (fl I AE"C "IO.J!l,7~1110111 " hJO'TE-EPHOflE EA5[M£t1T -#-~ ---, ·---------1 r--g--------- 2 :i, ' at ;,, lz ' ' i ' ' ' ' ·----t----· --------·---- --140.41 N aa•o2•5s • w $LOPE IIIAHMENT ItEC. NO. )790~0:» • • J • WIO( EASEMENT FOll'UTILITI(~ REC. 1'10. ~790!,Jl ·-1112.117 ) 323.28 '!,LOPE E"ASEfwlEN T REC 1'10, ~7) 11,; 323 i! EASEMl•,; F'OA S.\NlTAAY SEWEii-~ fl£C. ,..c 111011Jo1:,.20, 11?072a111,.. 1!1706).(' IJ2l &. 1!7072!!.111,t:> " ·' / ) a_:__ .... .ll JE!. ;;/E"SA ------I --' I ~, ! • " •• 0 z I I I' ~.!c·'~'!.---l ______ ].J_•_.,_,_ I N a'i1wo43•:z1"C 1~6.69 '" ~ B.SP. LOT 2 CE.CR PARCEL\JZI) 17 .35& sa. FT. OR 0.398$ AC. { 1Q 1TC L 'PHCHC EASEMENT C A,li'H0,3~7!161]7 .,.,o.i!e:i:z .. CT ---- a, 0 a N as•o2·5a• w 75.06 W.D. N0.90 PUMP. :; • ,- " a, 0 g W HOUSE: • '!: (J\ • "' ~ a> "'---,fl"--..,.':'. ~ _.,. <O 0 ~---s 8B"o:z's~~6·,5;"',94 ---·· ----'v, -;.< 2 (S.E. \ SLOPE (:.A,SEMEl'l'T, IJEC. HO, ~7""'1!1tl?i'3 "-.._1o'wraE EA5El•H.'tn FOR COMMLINIC.U ION FACILITIE! RE'.C. HO. 9111~01'"0I 128TH ST. ) I ~; •<b I< ' ' ' ---·--14C :s.tOPE IASEMEHT R J' WIDE EA$£ REC. 1'10. ~7 • REC NO. lll•2o~o:. •• . rEXTENO':, 2o·mro P!?QPOSED EXPANSION :ilTE ! . F rtESTRICTED tMffiOVEMENTS ..--.4REA Q ~,, ,. 2 .,, 4 S'AOJCIHIIJG NORTH !!.tASr .-11.-•10 .. •1, , -w ~· /. '-'"'C of" TEX A co PARCEL> ----1-i I ~ I .I -(--.1~ I -------~1------~"~"~·~··~·~·,~·~·c;_;,~,~·~-.. ~-~:------,-, 1 . ~,..l eo,., a,""'""'"" ~ Of" [.CR. PAFICCL. a /--1 ,· ' . ' ~ "i ! . n • " z I ' I ~I I V )] .! l~!"·'~·~--'~.::---;.~ .. ~.;,;.~.~.;;., ~H~ ~ E.C.R. PARCEL II -:: ! ~.0• ~~ 3'.m so FT on o.so = 0 !="' I ·~ I ~ B.S.P. LOT 2 (E.C.R. P, ~- ,-., 11 ;J S6 50, FT. OA O.J9tf z . i -~-4,8~fi0 ~ I ... I0 1 T.-:: INGRtsS&f:Glltss I • EA·• • EASEME:Nr ~ c•.r."*l /'\ Jj A.l':NO 711021-0022 ~ I !~ 6 ~ ) ~ ,o'r,'-<PHO~c a, 0 I O 11 D[·o _-I/ EASEMENT ~ "' I '-'NO,,,., c, ·~CNOco" -4 r . I A..r.Ho.,a2B5c4 /~ J_J : -----H-------I ,_ 1·~--1-.~ ,--~,.,nr-1 •••'o,',a'w ,,,_., I/ . 1'1 . •••·a,•,aw "•-•• NBB'o2•513w 389.3~~ IO"WIOE E A~E"M£NT FOR COMMUNICAllON5 FillClLITIES 10· ..... o·e-,w &, 10",i o!C'N/S A.T s·wc E::\PAt1SION AREA REC, NO. l!JCJ2Z098,11 "~'~'~O~N~•~o'----------------~·~·~•-~·~•'---------------------------- \ SLOPE EASEME ~IO'wroe: EA.S£M[NT FOR r:-ACILITIE!I: REC, no. 91 N.E. 4TH ST. (S.E. 128TH J l :, •,' .. ·-~,_ ~·· ~· _-·_:-r, _-_,.-· .. ,.~. ,.,, J. ieJTIJ' .·.!. ' LJ I > I :( 7 ) 7 ) -· " .. ,?'.11 601 JNGRl:Ss & E:GRCSS ~EASEMENT I/ .t..F:N0,7!10i!l-002\ r -, •. --1 -----------+-i AEC. NO. BJ lEX7£"D~ :z• £J;PAN~l0H ~ I ""·i· ~Niim'm.1;. w· ~;;,;,-----_JI __ _!!,!!!~~ ,,.,-eo25a£ 14 2 .12 \ NBS-02'51:'J'W 142.12 Hag·43 1 21'r 214, ~TR\JC POINT or &GINNING I OF" !.'l'.:.R.PAflCE\. :t ~ TR\I~ POINT OF 6EGINNIHG 'i!i 01" £.C.R. PARC-t"L II .. . ,u o I ... o~ 0 ~a co :, ~ § I ( ::':i ,n • :' iio -~ ~ h E.C.R. PA RC E ' ~i..; -:,";: ~ 34,n4SO.FT. ORO.BO~-· Oo 1,11 tb ;. ~~5 •N z__ - :ir-w O 4a' I I .... .,. d61tl!iD vi"',. z INGRl:s:!i&CGIU::ss '<~o • /~('I EASEMENT • W '\ / \- 1 ~ A f'.: HO. 711021-002:0,T[I,, ~ " II EASE I "'A~o<c I -?-A,F.' NO,i~',f'l ! 1--_s.!:l!"o2'~'t -~o.o;;----~--------l'±·~·-~·~·---------1--_:.:::.::=rr=-===:!:::;~;;;~;~ ••. ' • l N 02 !il!W 214,, · i~ iu -'l>-------------"""c::::::1••!!!!"'~"!!....!'l''~·J•~P:._!TH~<~,~·~"U'!'JO~Pc~~c~r~,~·~·~·~·'------------------- N.E. 4TH ~: • :i:cr !ROIi PIii WITH r.o. CAP -·. S£T 'r,\C)( m l,F:;,,D "' f:!([STHIG Hommr.rrr .. En5TltiG OJI.ASS PLUG 000 ~ITE: 1:'JOUIIOJ\RIES 0 00 l'/1.AC~I.. 60UIIDARIES ' 1£lr.l STHIC, 112" IRD~ Pl>/!> -. ~ ~· . , ~.' ...... :, ' --· -.~-·. w I > I <t I I I I I 42 1R 15 Or z rNGR[SS a, tGRCS5, ~EASEM~NT ' 0 J A.f.N0.7fl0Z •0021 -z ·r-60'--, ----- ::> I : ~ ,.,~1· ·1 " sea•o:a'!le'E 142.l2 ~I N88"02'51SW 142.12 u w TRUt: POINT or BCGINNING • or C.C.R.P ... RC 'E:L r. " 0 ! • • w X " • 0 • I TEXA~O~~ • z \., 0 .o , -., ID " .;; '! • w z ' I i 10' ~·~"£ --40.03-l.t2.12 -~ 'l N 5.W.CDRNER OF~• • s.tc.10,12::n,, ;z: :ii~two~· .. <=:SOUTH, Llt,,E OF Tl'IE cO"'IMCHCIHG or C.C.ll,P~RCE:LS IL [I ~: • SET !ROIi J>W ~ITH T .D. CAP '.• ,', 5ET TACK tu t.P.D .., El< tSTHIG HOllUNEIIT ... EXI!'.:l'IllG llRASS PLUG 000 !iITt. 50UIIOARIE5 0 00 PP.:RC£L BOUtiO>JlIES 0 £XI!. Tl•IG nr 11m11 PtH\o '. ,• ,', . :: ·: .. ' .. ' .. ,•' " .. ------':;'·-~·--------- " • - NEW PARCEL DESCRIPTIONS: LOT 1 lHAl PORnON or 111£ SOUTHWEST QUARTER or tHE S0UlHW(5T OuA:RlER or S£CTI0t,f 10, TOWNSHIP 'lJ NORTH. RANCE 5 (AST, W.ld.. KlMG COUHTY, WASHINGTON, DESCRIBED AS FOLLOWS! COMMENCING AT TI-I[ SOUT!-!W'EST CORNER Of SAID SECTION 10: IBENC( SOUTH BB 02'58' EAST ALONC TI-IE SOUTH LINE OF SAID SOU1H.WEST DUA.FtTIR 646.46 FEET TO 11-tE WEST UNE Of lHE EAST HALF OF SNO SOlHHYtlST OUARltR OF THE SOUlttWEST OUAR1ER; lHENCE NORlH D 15'39• WEST ALONG SAID WEST UNE 42.0J F£ET lO TI-tE NOR1H LINE Of TI-IE S0U1li 42.00 FUT OF SAID SOUlHWEST OU-'R'TER; TI-i£NCE CONTINUING NORlH D 16'Jg' WEST 100.0B FEET; lHENCE HORlH 88 02'56' \'a'ES1' 7!o.06 F'EET: lliENCE NORTH O 16'39' Yt£ST 1J.74 FEET; THENCE SOUlH 89 .113'2\9 WEST !04.94 r£ET TO lHE TRUE POINT OF BECINH1NC: lHE'.NCE NORTH O 16'39' WEST 221.00 FEET; THEHCE HORTH 09 43°21' (AST 71.13 fEET: lHENCE NORTH O 16'39' ¥1£51 170.00 FEET; THENCE SOUTH B9 43'21' WEST H,1.00 FEET TO n-tE ~ST UNE Of THE EAST 250.00 FEEi or THE 'WEST HN.f OF nl[ SOUTHWEST QIJARTER OF TI-IE S0U1HWi:ST QUARTER (AS ~EASURED ALOWG lHE SOU'IH LINE THEREOF): 'Jl-lENCE soun-t 0 16'39" EAST ALONC LAST SAlO LINE -498.01 fEET TO lHE NORTI-1 LINE. Of Tl-IE SOOTH -4:2.00 FEET OF SAID SOUTI-IWEST QUARTER; 1HENC£ SCH.fTH 88 02·sa· EAST 1B.1J rEET; THENCE NOR'Tli D 16'J9" WEST 107.72 FEET 10 A POINT 'MilOi BEAR5 SOUlH B9 '13'21" WEST F"ROl,1 THE TRUE POIN.T OF 8EGlNN1NG; 1HENC£ NORTI-1 S9 43'21"• EAST 51.75 FEET TO n-1[ lRUE POINT Of BEQNNlrlG. LOT 2 THAT PORTION CF lrlE S0U1l-lW£S1 OU ARTER OF TI1E S0UTH\li£ST OUARiE.R Of S(CTIO!II 10, TOViNSHlP 23 NDRT}I. RANGE 5 EAST. W.M •• KING COUNTY, WASHINGTON, DESCRIBED AS fOU.O'IVS: COMMENCING Al THE SOUTHWEST CORNER OF SAID SECTIOli 10; TH(NCE SOUlH BB'02'58" (AST ALONG "JHE SOUTH LINE OF SAID SOUTI-IWEST QUARTER 646.46 FEET TO 11-1[ WEST UN( OF rnE EAST HALF or SAID SOUTHWEST QUARTER or THE SOUniY/EST QUARTER; THENCE NORTH 016'.39" Yl£51 ALONG SAIO Yr'EST l1NE 42.0J rtET 10 THE NORTH 1.JNE or TH[ SOUTH 42.00 FEET OF SAID SOUTH'M:ST QUARTER; THENCE CONTINUING NORlH 016".]9" WEST 100.0EI FEET; THENCE NORTH B9'02'5B" Wi:ST 75.06 fEET TD THE TRUE Poon or BEGINNING; THENCE NDRlll 016'3!r WEST IJ.14 fEEl: lHENCE SOUTH 89"-43'21" \'/EST 156.69 FEET; 'THENCE SOU'TH 016'J9" EAST 107,72 fEET TO TI-IE NoRTH LINE Of -lHE SOUTH 42.00 FITT; THENCE SOU1ti 88'02.'5B" EAST ALONG SA!O SOUTH LINE 155.Bl FEET TO A POim WH.ICH BEARS SOUTI-1 016'J9" EAST fROM THE TRUE POINT OF BEGINNING; lHENCE NORlH 016'39. Yl[ST 100.0B FEET TO nlE TRUE POlNT Of BEGINNIHG. EXlll!IIT r, Page I of2 ' ; • • LOT J TIIAT POIHJON or Ttt[ S0U1HW(ST OUARlER or lHE SOUTHWEST QUARTER Of SECTION 1U. TOWNSfHP 2.} NORTH, RANGE 5 E .... sr. W.M., KING COUNTY, WASHINGTON. D[SCRIBEO AS FOU.OWS.: CO>.IM[NC1NG Al TH[ SOUTHwEST CORN£R OF SAID SECTION 10; ntENC[ SOUTH aa·o2·sa· [AST ALONG lHE SOUlH LINE or SAID SOUTHWEST OUARlt:R 6415.46 FUT TO Tl-IE YIEST LINE or 1H( EAST HALF or SAID SOUTHVJEST QUARTER Of THE SOVTHY1£ST OUARTER: TI-IE.NCC NORTI-1 O'Hi'Jg• 'NEST ALONG SAJD WEST UN[ 42.03 FEET TO "THE NORTH UN( Of lHt SDU TH '12.00 FEET OF SAID SOUlHW'EST OUARITR ANO lli[ TRUE POINT Of' BECltiNING; THENCE CONTINUING NORTI-1 016"39" ¥,[ST 100.DB FEET; TI-IENCE NORlH 8B"02'58"' WEST 15.06 FEET; THENCE: NORlH 016'Jg· 'HEST lJ.74 F'EET; THENCE S001H 89"4J'21'" \'£Sf 10<1.94 FEET> lliENCE NORTH 016'39"" wESl 221,00 f'EET; lHENCE NORTH 89"4J'21" EAST 7UJ FEET; THOtCE NORTH 016"39• WEST 170.DO FEET; ll-lWCE soun-i 89"4:3'21 .. Vs£ST 1'111.00 FEET TO TI-IE 'NEST LINE Of THE EAST 250 FEET OF lH[ V£ST HALF Of THE SOUTHWEST QUARTER OF TH[ SOUTHWEST QUARTER Of SAID SECTION 10 (AS t.4EASUREO ALONG niE SOUll-1.UNE THEREOF); l}IENct NORTH o,s'Jg• WEST ALONG SA10 WEST LINE 143,26 FEET TO lHE SOU'Jl-1 UNE or lHE NORTH 629.00 rEET Of SAID SOUTHWEST QUARTER or lHE SOOTI-IWEST QUARTER: THENCE SOUTH ea,1'J2· EAST ALONG SAJD SOUTH LINE 2:i9.9B FEET TO lttE 'HE:ST UN[ OF" nu: EAST HALF Of S>.rO SOUlHWEST OUAATIR or THE SOUTliWEST QUARTER: THENCE souru 0,5·39• [AST 27.26 FEET TO THE NORTHEAST CORNER Of lHE SOUntEAST QUARTER Of SAID SOUTiiWEST QUARTER OF lHE SOUTH'nEST QUARTER: THENCE SOU1H 88'07'16• EAST ALONC THE NORnl UN[ lHEREOf J24.03 FEET TO THE EAST UN[ OF' THE Y1£ST HALF OF" 11-it. SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER OF TliE SOUniWEST QUARTER; lHEMCE SOUTI-I 0"12'22' EAST JB6.72 FEET: TH£NCE SOUlH 59•1.Y2r WEST 163.02 ITET: THENCE: SCUlH 016'39• EAST 221.19 FEET TO lHE NORlli UN[ Of THE SOUTH 42.00 FUT OF SA.ID SOUTHl'1'£ST QUARTER Of THE SOUlllWEST QUARTER: THENCE NOAlli BB'02'5i!S-WEST ALONG SAID NORTH LINE 140.41 FEET TO 1HE TRUE POINT OF BEGlNNING. LOT 4 THAT PORllDN OF TI-iE SOUlliW(ST QUARTER or THE SOUTHW'EST OUARTER OF SECTION 10, TOYITIISHIP 23 NORTH, RANCE 5 EAS.T, W.M., KlMG COUNTI, WASMINGTON, DESCRIBED AS rouows: COMMENCING AT THE sourn~T CORNER OF" SAID SECTION 10; lHENC[ SOUTli 88"02'58' EAST ALONG lHE SOU'lli LINE or SA!D SOUlHW(ST QUARTER 646.46 Fc:ET TO TttE YtEST LINE Of THC £AST HAlf Of" SAlO Soulliw£ST QUARTER Of THE S0U1HWEST QUARTER; Ttt(NCE NOIHH 016'J9~ W(ST ALONG SAID Wi:ST LINE 42.0.l rEtT TO THE NORlH UN[ Of 1HE. SDUTli 42.00 f£ET Of SAID S0U1HWEST QUARTER; lHEt'iCE SOU'Tli BB"02'58" (AST \.10.<4-l F"EET TO lliE TRUE POINT OF BEGINNING: THENCE NORTH 016'39• WEST 221,19 FEET; lll[NCE KORTH B9"43'21. EAST 1B3.02 FEET TO lH( £AST LIME Dr THE WEST HALF Of THE SOUlHEAST OIJARTER or SAID SDUTH'1\£ST QUARTER or THE SOUTHM:ST QUARTER; 1HENC[ SOUTH q:,2•2r EAST ALONG SAID EAST UNE 226.JO F"EEi TO lH( NORTH LINE OF llt[ SOUTli 42.00 FEET OF SAID SOUlH\\EST QUARl!R OF TH[ SOUTH'NEST QUARTER: lHEtiCE l'IORTI-i aa·02·sa· WEST 162.87 F[(T TO THE TRUE PCINT OF BEGINNING. EXllllllT F Page 2 of2 . ' . :......r.; -· ·~· I. ··r. I",. ;. ,. ' {>' • ·, ,, •.. ___ ,._ :---·- '(' ., ...... ' . .:.-· ·. '\• ·, .. ,,, , .. • :· C.,_ , • •. . : •. i-··,.~,- . I .. .'· i. WHEN RECORD.ED RETURN TO: SHARMAN BRAFF I. " · SAFE.WAY INC. 'REAL,.llSTATE LAW . 41H & JACKSON STREETS ' ·. OAKLAND. CA 94660 ·,h • ., ' •, . ,. . I; •·: .. ,· .·. 'Til!Rb AMENDMENT TO EAS~S ' · WI'lH COVENANTS AND RESTR1C110NS APl'ECTING LAND (., ~-' . \\, ',, .,. TIDS THIRD AMENDMENT is made as of the .2:7_ day of February. 1996 by .and between SAFEWAY INC., a Qelawaro· ci,rpo,~ successor by 'merger. to SAFEWAY StoRES. INCORPORATED, a Macyland-'eOl)lOralion, aod.MATHl!W E. . AND GA YLB N.' TONKIN, husband and wifo,. as to an undivided fifty pereent inten,st, , .REBECCA TOJ,/KIN, ae her sole and sepat.110 property, as to an undivided twenty-five : per.cent .hncrcst, and FRANK I!. TONKIN, os hlnolo and ~ate proP,Orty, llS to an . imdivided'nyenty-livepcrcent.int~. , .. . ' · ' · ·, WHEREAS, the pllltios {of,thoir predccessoTS) entered into en Easement, with ·covenant, and Rostric:tions Affecting Land (tho "l!CR") dated lune 2S, 1982 and recorded on liµ,o 30, 1982 ., File No; 8206300214 in tho official rcrord, of King County, . Was!ungton. WHEREAS, the BCR w .. amended by a P-11111 Amendment to Basement, with J:ovenant, and Rostrictions Alfectlrtg Land dated lanuuy· 21, '1983 and reco,d¢ on · • March 2, 1983 as F~o No. 8303020380 in the offic:ial rcoorda of King. C01/llty, 'Washington, and:was fiJrth.t llmend,d by'a.Second Ainenilment to Eaeement,. with Covenants and Restrictions Alfecting· Land dated August. 1.9, 1994 and reoo;ded · September .12, 1994 as Fue No. 9409120665 in tho official records of King County, Washington (tho "Seoond Amendment"). ' 1\;VHEREA!l. the parties wish to funhor amend tho l!CR . . . NOW, 'fHBREl'ORE, the pllltles agree as foll~wa: 1. Substitution of Certain Exhihlts · Certain of ihe parcels subject to th& ~CR have been reconfigured. Exhibit A to thci ECR,, showing tho locations ofthapercels. is hereby . amonded by ·oubstituting the>'efor Exhibit A att.ched hereto. The Building keaa and. Common Area, of certain of the parcels havo also been reoonfigurod. · llxhibits E-l'and . E-2 to the !!CR, consisting of a silo plan showing tho fll)'out of Building Ar... and Common Areas on Parcels m, !V, V and VI, aro hereby .amended by replacing such exhibit with Exhibil E ittached to thi, Thin! AlnendlllOlt~ showing, the Building Arw l!ld ·common Area. on all of Paree.I, ~ 11, Ill, IV, V and VJ.' · j J468e<:J2(0)/30/96) . 'i· 4th & Union, Renton WA . :·''Store No, 1~68 ., ~-- . I• ·@ . .. . I ,, .J . '-··;·i J.'. .I·. 0 a, (1l . ,. 0 : II) . j ., ~ • /·.' ',.(· ,, • ·.· I·': :, . ~\ . ,., f . ' •••• ... ·,:,,,. /. ,. : ... ·, .. , _,,.,, ,l• .• " ''I ·, ... . ,,.-.. , .. .. ., ' . ,1 .. ~ :-·_,:-••• ' . ,. ,,i· .. '2. $cpatiti9n of\/31 S.Ction.2(b) "f'tho ECR i,.hertby amondcd to odd the !bUo'\'ll18' . . ;· •· Notwi1hstanding Jho foregoing, Pa.rceJ JV may ·dcv~u, no more th!in 3,500 square fret In' tho awegate to re,uurant u~ with no _single ,.,ta,,.,,,. h!VU1g moro than 2,Soo · square feet in area. Parc<l-VJ may dovoio JU> more !Mil 2,500 squaro feet in the agsrcgat; ·10 r~ _me.·so .longu any 51.!ch restaur~nt ~ntlU~ iu em~1~ ~~11 , · .. . · ,J. Full Fcirco ,nd'!!ffect' Excoi,t .. oxprossly provided hefl,u>, all otJier ienn.~ and condition, of tho ECll are and shall remain in full force and eftect: . · . IN WITNJ;!SS WHEREOF, tho partico have executed this Third 'Amendment to .· Easements with Covenants and Rcstriotio,,;. l\lfeeting ·Land u of tho doy and year firSI . abov,,wriil,"l':. . . . ' ' . . . . '.. ' ' ' ' ,/ . ': -•-n••~--~--•••'-4 • __. /) ,i,,,,! s:rATE OF WASJ;llNGTON, , County o/' ,,k~~ .. , ACK!IIOWLE.DGEMENT pn~M_duelJ .1 ' . J, ~ll:£,"", M C) A 1.vS o/':,, ' Notary Public lo and for th• Stats orwa,hlligton, residing el ·' A-.Jou.t"i ; hi A. , do hereby certify that on thle~doy or Q,p:b I : 19 'ib, 0 persorially. appeared hefo~ me -'--~...c. ___ _ ffiMkv> r :J:in,,b ·, G"'I.J.k E · ~ , \1< 1,, rrc.'J!,v,li,.., , f' r a,,,..L E • :fy,, k- 10.niB kno~n to be the indlvJdual.L described :In end Who executed the wlihln 1natf'Qment an.d acknowledged thst ~ eisn8~ the aame.na ..Jlc...o: a · freo end.volunter:v. .. ac.t and deed for lhe.;uses end purpos~i; herei_n nlenlloned. . .1 J Given Und,er _My Hand,a~d,o'!ficlal.So~J this I~*"' .day of· 0. o' ,:., l D,lhr,.,)'.'I'\ (:;yq~~~ ,·· .. ,. Nola!')'J>ubliolo,ndforU,.,t•lalif'·~~ My11ppolntmo11texpf1H: '4.-·.f~.,. ,_·, ,i...· • : . I . ··_-},:/'.:~l,~L~'~ ·.:.,. . . ··,i1·1· .· · 11 ... -,. I .. . .,/. ,. ,, . '· .l ',.:, ·".I ···~·' ·'· ,, . ~ .. ·, .. ' ·''·· ' ., ii, ,. •· 'f•' ·p I·· .P: /1,'( 'I, "~·, .. ~-· ' .,, J , '. ·.' ri ,I,. ··./. 1·: 'r.' ,_., ·'·' .• H r •1·' ... U.' ··. 't•' , .. ,: .{:-. '· ,. .• 'h ·., ·t'·. ·~~ · · _._;, __ , :.'..~l ·.1 -~r:: ;'. ~• · ,. · · 2. separation pf p,.. sccilon 2(b) of1l1• ECR bi "°'oby 11111cndcd to iidd the following; · . ,. Noiwkhs~ the foregol~g;Parcel.lVmay dov~ no moro than 3,500 ,qv.ue feet in.the IS8'QPlo IO·re,j&ul'IIII ulO, with IIO,linglo restaurant having moro 111!11) 2,500 .. , ,quarc, fett In ., ... Parcel VI may devolo ao more than 2,SOO aquarc lcet In the aggrega\• 10 r"""""1! UIC, ao lo118 && any 5U<h re-Ja11I mllnt~lns its cnt111JC<1 lacing woat. • ' I • • < J. Full Force ond EffocJ Excopt · u expre.uly pr..Med herND, ·;;.. ~the, 1rm1a 'and conditiona·ufthe !!CR. are and ohall .....iii in tull force llld clfeot. . .. ................ . ,··'"''12-'l'Jlt-.Y /'•-... ,·~~--··'········ ~-\ !• ,.., .. , e~POq"I '•• 0 "'; • -,/-C . \,''• • S ' . . \ ' : .: •E@A.L I i , '.. . 1se6 :Ji ·I: \ \fr--t~W~~:.-"~. ....... . .......... . ,,,, * ,,,,,,,,," ...... J468ecr2(0J/J0/9~) './·. /.' 2 .. , . ]':;; .. f·, ., I··, ·. J .. . 1:'. .' I ·.,.. . ,. J .;.,..;.. . (,\ .(,1. ... "'--· -·-..t...J...,~ 1. I· "'-, I ; i 'I . r : . ! J ' " .. .• -I . . .' ,_. . ''I;:,· ·---= '. -,.'; ,, I'' . ·.· ,I ' ' ', ,,, .·1·· .. ,:.;..:.." ·_y:, I., .. ,; ''.i.''·.·· .. ~ •· . .-:· );• .. :,. :· ;;.,·; ~. '-'·:,;·······,. ;··..:::,<:·::· :'(,::,,. J', • • I t' • "· . :.-· ~ ·, .· <,' ",t,,' ' ,, ,, :{i,'• . 1·. )! -; r t;.f:, .. ' 11·,-, .'~ •· \ ··\· . •, ·~ .• ·•.··· ,'" I .. '. ~ •• L .. J '"!·,,.' ,; -. r.' .~,:· :' ;i "· .. I· •·.• · ... r .. ,,,,. '.,,: .- ,\ ·,. "I; I• ' ,· "· ... ';, f,- ·~--- '\ ,• LI '. ..,'.,:; • • ' .. ..,-~-: ____ _._ ~~ ,. ··;: '.: --.. ·~· . g 'a, C, !· C) I /,·' ·.,, •• \'' STA TE OF CALIFORNIA ~ coWJty ~r Aliml•da . ,;-i ""! • ·•· .. , ., " ... j· · On May 15;' 1996 l)cforc nie, Dina Gutierrez, Nowy. Publio, pem,Jllliv apj,<ared · Sharman Brllff DUd Stcvcn J. Goulg'pcnonally known to me (or provca to me on · I, the Euii of satiofactoiy evideucc) to be the P<JSOIIS whose names arc ,ml;soribed to. ' ,Ibo within in&inunent and aolcnowl!"1gec\ to me that Ibey executed lhc lllllllC in their· . authorized oapaoitits, and 'that b1•1heu-siguaturcf on !lie lnsbumcnl !he ptJ!IODS, .or ·. the cntity,upo~ behalfofwhichlhc ~ ~~ ~ flw.~ . j. · · WITNESS my handa~d official r<e1J: · ·· : · Iii-&='1. Q ' . . . ' . e, ».,Of,tl,ldQI !I ~ : l~AA h~ I ::"'""'" 1: .. r '/· . , . ,, ,·., ·;. -;_ ,-· .'· . " <.i(:·.· ' I .,., ,,._..._ __ """'-----------------'"""'-----------·--····--· .. I I ) I'' • ·-.- ;.,;_,,.1..L. / . , .· '' .. ,' ; I. •,. I, ;~ ' .. ~ ... ' ~ .. ·' "---+--:---. ,·,; . . I ·, '.is .. :r , , I .. _' ~_'. ,f: -~· ! ,, ·.,1, ·a·· . ...... ,:.1.,.,·., .. •• Ii. . •·.,. :, . I ··, : ./. : .. · ·.· ' I .. / .. I• : • .' '•· .,. .. 'I.,·. I • ; •. '(). -. . , I! • . : :......,._~a*·:,-.N.-·~~ NOINrl. ' I 'i• . ., ~ ~ . ·~· ~ I r. P.l "' I·. ~ I i li 0 §' ~ ;a:'" ~ ~ I I L-1 I I I I f I ,. , . ·,. .I . ~ ~·. ,, •· •/. ' • b" .• ,. :, • I ,, ,, ,., '··,·\ ·1 .. ·, _, _;(:;:rf ;)[~lt1i1Bi~~;;r:.:;j~ ~ ,~: .. ~tr,;;~~f tt /:L:~, ;·; ,:,:·· ... ·'i': ,,.· .. ;, ,·.~ ' i .. , I ,,. 1· ,, " )> • • .,. . . : ',... . ·~". l•,.'1 .• ·r." ·J. ...... ,,·.,· ·y· ,, --·· .. ' .. " • . . •. :11' ,•.!' ··. ("-1 . ' .1.· . o ! 1£ '"' 1£ jq 1'- 0. . . : .. ·1.· :, i ,r_...-~'.•.' • '.• Ii ""·.· ' ,.;, :. I Ii . " , . UNION · I: ~·· ~- ,I- :~ . ~ ,' --~ 4 ' ,.,..: ~\. •••• . . .,, ,, I. L.) ' . .. ···':( ... w: .. ' , .. ;•: ........ '·· . I.· ,.''·' '!-;' "•>• .... : ·.· .!,/ ~ \/ ',,,·~. '1,,'" •,I, ·. • NJi: .. ,, g ,. ' Iii~ .. . -'I . " . .. ,Q q ,' ,· - , ... •, ''· ., '·'. ,., ''!• .~I• . ... ~ '· '.,· "L ,-~ •, 1 · . ' :.,. ,, . ·,; i l, ,:__ f ' " • AUER RECORDING MAIL TO: N~nc: VltL~GE PROP~I&S AdllJtU 562 MISSION Sl'REBT 1201 01y/S101c~.s _____ _ A'l"l'N: DEBBIE MURRAY Document Tllle(s}: 1orWillUAt1Lon1 rontnined lbe:icin) ]. E'WRTH ~ !IO BASFJ«EN'l'S W!i'H 2. COVENA!f.I'S N1D RSS'I'RICTIONS AFFECI'ING ]. LAND 4. Berermce Numbr:r(s) of Documenl!' a.s.slgnrd or relcnsro: 8206300214 0 Addillon;;,I numbers on page ___ of document Grantor(s): 1US111cme first, alien nrst 11.11n1c 1111d i~ilials) 1. ID\FE.1'ZAY sroRE:S INCORPORATW 2, itNKIN, MA~ E • .3. Tc:tlKIN, GI\YLE N. 4, 'lONIUt-1 1 FRANK E, 5, CJ Additionnl mimes on po.gc ___ of documeni Grimlct(s): cL~n rnn.: 1i1J1, 1htn JiDt r,am,;: Mll 1n111nb) I, VII,l.t.GB/S&A'ITLE PARl'NE:R:s 2. 3. 4. 5. D Additionid nwnts on pogc ___ of documcr11 \ -~ Firs I A.merlcan Tille · Insmnace Compa11y & lSTAM-S 53\Q,7--S Abbrcvlnt<'d Lego I D~crlplion ns follows: Ii,,;:, JorJblodJpllll or s,'l.1l~n/1awnsl!ip/ni1g,:/qu:ut,;:rfflu:utcrl D Complclc lcgDI di;;stripiion is on PORC ___ of documi:nl Assessor's Property Tox Parcell Account Numhcr(s): NOTE= Thr .,u,/i/orlrw!IJrrwi/1 u/_t 1//t 1/,t i11f,1rmu1(1111,111 rht/orm. Tlir Jluflwi/J ,u,r rruJ rlrr Jl)t•11mr,u 1,, rrri/y 1/,r un·11ru1·.Y 4,,-tTlmp(t/~llrJJ uf 1/ir i11Jt.1in.1 /11/ormatirm proi·idcd h:rdn. ' - :;; 8 \ .. ·.~,;;,· , .. I ., --~-1 I I-·., j . ' ' . . Wlll!NllllOORDED J\l!TURN TO: 'Vll.LAG!lFP.Ol'ERUES j6,2 fv2mdoD St, SUI, 2.01 Snn~~.CA94J05 Ao.: Dobbb l>!nmy - \ FOU1'.TII AMBNilMENl" TOBASl!MENTS WIDI COVENANTS ANI>!tllST1UCTJONS Al'l'BC11Nli LAND TIUS POUR.nJ AMBNDMENT i, wde 1'5 orl:he 'Tl{ d1y of JallUt.l}', 1997 by ond ~IIW"" SAPJIWAY JNC. t'Slkwoy'), I D,b...,."7coij,c,rr.tio>, ,.cco.io<>r by -ID SAl'BWAY Si0!U!$, INCOI\POI\ATilll, a M!Jylm>d co,pDill!~n, MATill!W B, AND GAYLB N, TONKIN", P.l!Dl!CCA TO?W:11, BEd FRANK e. TO)ll(JN (tho "Toflldnr'). and VILLAGB/lllLl.'111l! PARTNEl\ll, a CaUforoin J!'l}e11I -lhlp ('V"JJ,i,"J. WliEllEA5, sar.w.y ood ti,,, Tc,ildn, (oc 11,o:lr pn,d=""') an=! Into "' ~ with Covi:iillll!\ Blld R$iction, ~8 Llllld (Lb, ''£CR") dJl11d Junt.1 2S, 1 S182 Pld m:mdcd on JUE!.C )0, 1981 u File No. ll2(H5J00214 In the ollklal IC<:onb or King Cow,ty, w~ .. 1'/116RW, l~e EC& WI!! IIIIMiJ.d by l Fl'11 Alu""""ml ~ l!IWllblb with CO\'DnlllU ond ~,dDllll ~ wd dated J&llllll')' 21, 1913 and n:co'11cd on Mn«J, 2, 198> 11 F,lo No. 931>l02D3RO ;, Ibo ollicl<,J n:oord, of Xlll!l Crrumy, Weohingtou. by • Sacond. Ammdmme lO Bawa.enu vdlh ~ and llntrittion, Aff'ecting Land dlJl.d Allgwt l~, 1994 l!ld r6tofdc.d 6cptclnbcr 1:.\ 1904 M PUo No. 940912066:S In tho Clfflolal l"Dti9rd• of Klas CouDly, Wscbingr.an and by a 1'hln:I Amondm'1!1 rt<onlo1 !,hyl4, 1996 ,a PIie No. 9005240990. WHEREAS, ViJb!c p11relwod two pa=!, "1bjrrt to tho ECF,. WIIERl!AS, lho poni,, wi,h It> ~<11,,r =d th, ECR. NOW. l_HB1Uil70RB, Um p:mi$1Ai1~a., &llown: 1. Amtndfflr;nt of&hllrlt. B E:dllbll R ahow& the BuUdirr.g Arw uid CoJJlJIIDn ~ on uth of tho £Ca PMQc]L Mubi, E. h btnJb:t R1tlCl1dtd by addlna lh=cta IUI m<l,jbj1 E-l, wtu,h odds a Bulldins -Md rmm tho COl!uno• ...,.. !br Pa«cl v. bXhlhll B-1 aJu.D ~ &ruDit E oDI.Y 11.J 10 the Bund!ni:; Area ~d Common Arca for l'n«:elV. 4tlt & Union, Ro)loo \VA Swro No. 146& \ ·,; .. i ., .·, ; ' 1 ' .! ,. :l 'i I ·:t :) ;I :1 I ·0 • \ c~~"-'j . .::.,; ... ~,._~.,..;-............ , ,, ; .:.. ' ... , .. ' ,.,;. •.. -~~.:.:.:;-~. ·~· ... . ··;;:.-'..~:,.::.:·:,.:;.::; .. : .. ,.... .. ·.-·.-,~· :-.: .: .. ··:' .-.... ,., :: .. 2. l/\lll J!qroo ~ lj.ffilm ~ u <>ptcaoly p..,Jd,d him,, tl1 othc, tont11 twl oomlll!ono of tho EC!/. ..,. ti\11 &holl """'10 In lll11 !bro, I04 effo;I. IN WITNllSS W!IE.IUlQI', 0"' p,n1,. h>va """""4 lllil F,,,,U, A/noldnl"" 10 ~1111\0 with ()QVOIWJIO ""'lle,lrl,rfon, All\:oliiljj Lond OI of tho dsy R!ld Y(:IU' furl above wrin.on. ~PhllTNW B1· ,A;:. /£._. I~ Otnonti ,.,_, I !IScovl(IW l/96) Sta.c:a No~ l-468 ~th ltUnlon, l\enton WA \ ~' I ' . ··~"'"''""'-' ,-~-\I . · 1 e • \ STATE OPWASHINGI'ON : 5S COUNlYOPKING ) -0~• =i,e::'' '.'.\,:"'"'.'.~'.'.'::'l":\jr,~,l~J'.:,""°=~~ .. =· ""': :i. 1um;,,,pmmwly ,pp<aml fl! • .\J,,,,,J E: .lo,\,,,, "" _ pasonaffy known 10 me (or proved lo IJIIC on lb:. ba,i.s ofsatldi.aoiy cvldcntc) to be the pcaioo(s)wbosc IWllt(9) blm subscribed 10 the: wit:hln instrumall llIII attnowJcdgal lO lilt lh:!1 lldsllc/Cht;y CWU!cd I.be HIDC. In hislluldu:U 11111.borlud ~ify(ies}, Alli:! lhlt by hi!/ht.r/lhdr sigmrurt(s) OD tllc Wlnlmcnt lhc pcnon(IJ), or the. Clllit, upoa bc.haU ofwbltb Ult pcmm(s) aa:cd, accukd the: lnmumcnl, 't . 1 .• I I r,s. !~--,!,'-II?'· b t::;. PrinfNm~ i li,,. -;),fy Nnlll(Y Pub orlhc ~ ofWl!lbingeon, tctldiD.g Ill } ~ h· ,L My colll!Ill.'S'liioo uplrni: I 'i 1 \ -~-- I I • ~·.···,·~n, =-,~·' Cl) Ill Ill ~ 0 f \ ACKNOWLEDGMENT STAlEOFCALIFORNIA ) ) "· COUNTY OF ALAMEDA ) On February 10, 1997 before me::, Sylvia Burnett. Nolary Public, personally 11pJ1earcd Shnnmm Braff and Jerome Harmon, personally known to me 10 be pcr90ll!I whose m1.mi;:9 are subscribed to tho within in:nrument Md ncknowledged to me that they executed the wnc in tbtll' authorized cap11dliC8, and that by their signnlures on the inst111mcnl, lhe persons or the enlity upon behalf of which the per.ion, acted, executed the imtrume:nt. WITNESS my hand and officinl seal, (Seal) \ ,-, ..... I l.·li .. ·;; ,, .',·' ,:: I~. .'. ' . . ', STATBOPWASHINGl'ON COUNTY Ofl KING : 6S ) & \ \ 'A I ·---------·-..==---------- ........ "'"'' ' . . J •I ~'\: I "; "1 ii ;I ii ,j :-1 ·'· i" ·' )'; '.I ., I, !/ ! ,;1 :1 . ' >· ! C7'l (l) (l) ~ c:, C') Q ~ 0 • EXHIBITE-1 "• !!I ~N'AI $ = ,, D I . ' \ \ ' I \ \ i ·' ·1 .', -.! .. . ~ ·1 I ·' ·, j -.i •; .J ' ' I -t-~ :=l= = : = * * = it I ) 11 ! ' . I ·t ,, i I I ,;-,:,"'!,;...:;.,, ·,';\ EXHIBITE-l ParcelY 1J wi1111111:~ 6 TlnT \ ...... \ 0 ----···,. 0 .. r·-··-··-··-··-··-··s .. ., r. .. /. .... ./ ' ' ' ' ' ' ' ) -' ~ . 0 • j j ! \ r ' ·, :"i I \ I I . I CHICAGO TrTLE INS. C~ AEF!I / 3 I 7 ~i.S -4, After recording return document to: City Clerk City of Renton ~~~~o~: ~!dJs:i 11 1 I" I~! ,~~11 ,~11~ 1~11111 11~~1 20120416000526 CHICAGO TITLE EAS 69.00 PAGE-001 OF 008 04/1612012 11:58 KING COUNTY , UA DOCUMENT TITLE: Temporary Construction Easement REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: N/A GRANTOR(S): 1. Shilshole and Renton Highlands TT LLC, a Washington Limited Liability Company GRANTEE($): 1. CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Pin of SW 14 of 10-23N-05E, WM ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): Exhibits A and B · ASSESSOR'S TAX PARCEL NO(S): 102305-9132-08 PROJECT NAME: NE 3rd/4th Corridor Improvements PROJECT NO.: 3 EXGISE TAX NOT REQUIRED · King Co. Records BY.~ Cl•,b,ii,f,uty L TEMPRORARY CONSTRUCTION EASEMENT The Grantor, Shilshole and Renton Highlands TT LLC, which acquired title as Shllshole and Renton TT LLC, a Washington limited liability company, for and in consideration of mutual benefits, does by these presents, grants, to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, unto the City of Renton, a Municipal Corporation, Grantee herein, its successors and assigns, permission to use for public purposes a temporary construction easement, with necessary appurtenances over, under, through, across and upon the following described real estate, for Right-of-Way purposes, situated in the County of King, State of Washington: SEE EXHIBIT A, AND AS DEPICTED IN EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE Page 1 of 3 For the purpose of constructing the planned project improvements associated with the NE 3rt114 1h Corridor Improvements: Phase 1, Project. The Grantee will provide continuous access to the remaining portion of the site throughout construction. The Grantee shall, upon completion of any work within the property covered by the agreement, restore the surface of the construction site, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee except where modified by the project plans and specifications. This temporary construction easement shall become effective upon execution by the Grantor from date hereof and shall continue for two (2) years. IN WITNESS WHEREOF, said Granter has caused this instrument to be executed this /,$4-'-c!ay of t1&Lb , 20 I~ . GRANTOR: Shilshole and Renton Highlands TI LLC @Clll,ct(P 00/c/n [Print name] Its: ,nc?M~1 [Title/position) By: x!:6/d (. LJ bA.j\e_ 1ml::..·, F\ [Print name] Its: (V/e]n~ [Title/position] By: ;j-1Attj_ [Print name] Its: MtMPt r [Title/position J ll. kJL. ' By:~;/~-~ /1.. <;)OC.C-l-"-.. Io nl<-1 VI -/<; I k, U.'j [Print name J Its: ~ I'll. h..,,,,- [Title/position J Page 2 of 3 Notary Seal must be within box STATE OF CJ,)~•cl-h,,_ ) ss COUNTY OF ~' .-~ ) On this l'?s--day of i"'~ , 20...!1:..., before me personally appeared E,-o.,,...k_ ~ -,_.. 1c,...., , ,...,,\\\\\\Iii /.Jill-, ,..., ~ and ~,,,. ~ M. Q 111,,, ·,-" to me known to be the § ':~~'18W'~J.z.:~~,. Members of the Washington limited liability company that ; ~; ..,oT~ ~\ o \ executed the within instrument, and acknowledged the said ;: ~,., ii ~ j\ 'to ~instrument to be the free and voluntary act and deed of said ~ tn [ .. -• -i :Shilshole and Renton Highlands TT LLC, for the uses and ..-". ..... .,.r,;,,::· ~ ~\ 'II', •~' ~ f ~ _: purposes therein mentioned, and each on oath stated that \ ~ ;,,,,,?.!:1, .. ..-~c,""~--' he/she was authorized to execute said instrument. 1 111,r WAS\'\\~,,,,· [_( "'---~~ ~ l/'--- 111111\\\\''' Notary Public in and for the State of 1&AA+:•"'ii ±<&=- Notary I'\. (Print) G l \ e.,.__ \'Y\.. 4....)Ct,...J ~~ My appointment expires: "I -'i' · .)-0 I 2 ~· Lawre~ City Attorney Accepted by the City of Renton ~:,,~ 1t:f u.,~\; (.. vJw~Ad.vl'\ivl~-tvaw Date: 3/ WM 2- Page 3 of 3 Notary Seal must be within box STATEOF WCA<¥b~ )ss COUNTY OF \::., o-j ) On this tu...\-.. day of f'r-.lM.~ , 20~. before me personally appeared f4bttf":, w-..4.,~-(c... ( b '<¢ , "'.;::,.. µ· p.. !1,,,,,\\\1\11,, '--'-'----'-------$'"' ~-o~ ,,,,l and N {: to me known to be the ~-~~~"""""'"'"'":'Sb1'#embers of the Washington limited liability company that ff ~4'. .a~ '-"\z. ~ecuted the within instrument, and acknowledged the said ~ ii., ..-·~ \) l~trument to be the free and voluntary act and deed of said ~ ,.,/~ · • · J ~Sfiilshole and Renton Highlands TT LLC, for the uses and <, ~ """'"r~ _,.; I? j,rposes therein mentioned, and each on oath stated that ',. ~ t ... ;;, .. -<~c, .,;lie/she was authorized to execute said instrument. O,: w.&.s~:_.,," 9 ( \ "-~ ~ .!l c..- ..... . l., t'4-... vv---.. ~ Lawr ce J. Warren City Attorney Notary Public in and for the State of 1,,> ~!\S;±b, Notary 0. ( Print) [ { U---. '(\,\,___ U CA. L,\.l S 1 - My appointment expires: '1-~ -..lo • } Accepted by fhe City of Renton By. _____ _,,,._ ____ _ Printed Name: _,.._ ______ _ Date:..,_ __________ _ Page 3 of 3 Notaiy Seal must be within box APPROVED as to for Lawre J. Warren torney ------------· -------- and to me known to be the Members of the Washington limited liability company that executed the within instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Shilshole and Renton Highlands TT LLC, for the uses·and purpo es therein mentioned and each on oath stated that he/s e was author o execu said instrument. Accepted by the City of Renton BY·----->"'------ Printed Name:"?'~------ Date: . .r------------ Page 3 of 3 Notary Seal must be within box STATE OF ) ss COUNTY OF ) On this A day of ~YCV\ , 20JL, before me perSP!1fil!Y-f!ppeared ~Le N: -:Yo ;:;:Ev1 • 4. ~=~=====~· ---===~-and to me known to be the Members of the Washington limited liability company that executed the within instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Shilshole d Renton Highlands TI LLC, for the uses and purpose herein mentione each on oath stated that he/sh as a tho · aid instrument. (Print My appointment expires: "JQ,I,\ only: Accepted by the City of R Its: __ ,,__ ________ _ Date:..:_ __________ _ Page 3 of 3 EXHIBIT A TAX PARCEL N0.1023059132 PROJECT PARCEL NO. 3 Parametrix LEGAL DESCRIPTIONS FOR TEMPORARY CONSTRUCTION EASEMENTS A & B THAT PORTION OF LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT FILE NUMBER LLA-007-82 AS RECORDED UNDER RECORDING NUMBER 198207079005 RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT A BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 88°03'06" EAST, 19 96 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 01°56'54" WEST, 1.50 FEET TO THE POINT OF BEGINNING; THENCE PARALLEL WITH THE WEST LINE OF SAID LOT 2, NORTH 00°25'21" WEST, 8.51 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF SAID LOT 2 SOUTH BB 0 03'06" EAST, 129.00 FEET; THENCE SOUTH 01°56'54" EAST, 8.50 FEET; THENCE PARALLEL WITH SAID SOUTH LINE AND 1.50 FEET NORTH THEREOF NORTH 88°03'06" WEST, 129.35 FEET TO THE POINT OF BEGINNING. CONTAINING 1,098 SQUARE FEET, MORE OR LESS. TOGETHER WITH: EASEMENTS COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE EAST LINE THEREOF NORTH 00°16'47" WEST, 2.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE NORTH 00°16'47" WEST, 8.01 FEET; THENCE LEAVING SAID EAST LINE AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 2, NORTH 68"03'06" WEST 19.96 FEET; THENCE SOUTH 01°56'54' EAST, 6.00 FEET; THENCE PARALLEL WITH SAID SOUTH LINE AND 2.00 FEET NORTH THEREOF, SOUTH 88°03'06" EAST, 20.27 FEET TO THE POINT OF BEGINNING. CONTAINING 161 SQUARE FEET, MORE OR LESS. 1 of 1 ui ~~:::t I 4t: ~ I ~,,-"' I Iii/ I i ,---_____ T ____ -________ J !I; I ~ I LOT2LOTLINE J!§r_L_ ...., I ADJUSTMENT I I "' ... LlA-007-82 I ;,.;.,,~ I REC. #1982070Jg005 I I ~J.><~''' z 0 z :::, 40' l_ 9 10 16 15 NOO• 25' 21'W 6.51' NOi' 56' 54"1'1 1.50' P.0.C. 'A' I I ~I I I I I S88' 03' 06"E I j I 19.00' I I T.C.E. 'B' I I S01' 56' 54"E 8.50' I S00' 16' 47"E S85" 03' 06"E 129.00' j I 8.01' NBS' 03' 06"W 12B.35' .....-r-P.O.B. 'B' P.0.B.'A' N01° 56' 54"W 8.00' saa· oa• 06"E NW' 16' 41'W 2.00' P.O.C.'B' NE. 4TH STREET I I I I ~~ I .• c I , .§-_,,,....-I ,i1, ,$'-? I ~.\' I~~ I I I I I I NS8•031 06W 20.21" I I I I \ \ ,ef!P'~pzzn==~ ---_j I \ \ \ Parametrlx 0~ BO I I I I I I I I , ------·----J LEGEND '\ I I-- I NEW lEMPORAAY CONSTRUCIIOII l'ASEMENT T.C.E. 'A'=1098 SJ. MORE OR LESS PARCEL LINE EXISTlNG ROW T.C.E. '8'=161 s.r. MORE OR LESS AR~ P.0.8.=POINT OF BEGINNING P.O.C.=P01ITT OF OOMMENC[Llf.NT J.C.E.-TEMPORNlV CONSTRUCTON EASEM EXHIBITS TPN 1023059132 PROJECT PARCEL 3 TEMPORARY CONSTRUCTION EASEMENT After recording return document to: City Clerk City of Renton 1055 S. Grady Way Renton, WA 98057 DOCUMENT TITLE: Utilities Easement ll~l~II~! illlllll ~llllll~lll~ll~ii 11111111 fl 20130123000120 CITY OF RENTON EAS 77.00 PAGE-001 OF 006 01/23/2013 0B:13 KING COUNTY, IIA REFERENCE NO. OF DOCUMENT($) ASSIGNED OR RELEASED: NIA GRANTOR(S): 1. BELLEVUE TI LLC, a Washington limited liability company GRANTEE($): 1. CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Ptn of SW 'A of l0-23N-05E, WM ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): Exhibits A and B ASSESSOR'S TAX PARCEL NO(S): I 02305-9132-08 PROJECT NAME: NE 3rd/4th Corridor Improvements PROJECT NO.: 4 UTILITIES EASEMENT Grantor, for and in consideration of mutual benefits, does by these presents, grants, bargains, sells, conveys, and warrants to the same extent and purposes as ii the rights granted had been acquired under the laws of eminent domain of the State of Washington, unto the City of Renton, a Municipal Corporation, its successors and assigns, an easement for electrical utilities with franchise agreements with the City of Renton, with necessary appurtenances over, under, through, across and upon the following described property in King County, Washington, more particularly described as follows: SEE EXHIBIT A, AND AS DEPICTED IN EXHIBIT B ATIACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE Page 1 of 4 for the purpose of constructing, reconstructing, installing, repamng, replacing, enlarging, operating and maintaining electrical utilities, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: 1. Erect or maintain any buildings or structures within the easement; or 2. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or 3. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein; or 4. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of- way, or endanger the lateral support facilities; or 5. Blast within fifteen (15) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantor covenants that he/she is the lawful owner of the above property and that he/she has a good and lawful right to execute this agreement. By this conveyance, Granter will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to Page 2 of 4 .. claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Granter has caused this instrument to be executed this ). 12, day of v~e,, ~t..v-, 20 / ')_ GRANTOR: &1J(i111,<e. 1T LL L NAME By:u!L &· [Print name] [Title/position] INDIVIDUAL FOf/M OF ACKNOWLEDGMENT Notary Seal musl be within box STATE OF ,v nS 1', t-!, 1-<,,.-) SS ''"\\\\\1\1111 COUNTY OF I::., ~cl ) s-'"\._aN M. o ,,,,, On this 'l.tr day of \).,QCR.~. 20~ before me f «,.';,,-~~~.~~\personally appeared (fa..,:.,~ ~ f f~ +ot~,,i ~ to me known to be (or upon satisfactory : ~ ~ • •." !1 :Z 9\/idence) to be the person who executed the within ~ \ v 1..•uG i #istrument, and acknowledged the execution of said ""--.\,;oa.13 ,/~_.-instrument to be his/her free and voluntary act and deed for 'i;""""'"'"("~o the uses and purposes therein mentione~, ~nd on oath stated 4 ~H\l'I that he/she was authorized to execute sard instrument. ?,( \~VV--~~ "'--- Notary Public in and for the State of w Cv,,1--, '!l i-<,,..._ Notary (Print) [,It e,._ Dc,,.,;)SO-- My appointment expires: <A. -~ J-0 r-3 Dated: \;. -,..1, -, ")_ Page 3 of 4 APPROVED as to form only: Accepted by the City of Renton -,,{7 • • • c· • ,e:J1A-26.......o ,_, ~ce J. Warren City Attorney Nolary Seal must be within box INDIVJDUAL FORM OFACKNOWI..EDGMENT STATE OF L~-¥\ ) SS COUNTY~ lb'S ~ ) On this Lay ol .:.b) :f,,b-'1 , 20a before me personally a peared '-"1~'1'1 c._i h\,-...~A-N ----~-t,o me known to be (or upon satisfactory evidence) to be the person who executed the withln instrument, and acknowledged the execution of said instrument to be his/her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he/she was authorized t a· inst ment. ~- Page 4 of 4 EXHIBIT A TAX PARCEL NO. 1023059132 PROJECT PARCEL NO. 3 LEGAL DESCRIPTION FOR POWER EASEMENT Parametrix THAT PORTION OF LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT FILE NUMBER LLA-007-82 AS RECORDED UNDER RECORDING NUMBER 198207079005 RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE WEST LINE THEREOF NORTH 00'25'21" WEST, 20.01 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF NE 4TH STREET AS CONVEYED BY WARRANTY DEED RECORDING NUMBER 20120416000525, RECORDS OF SAID COUNTY; THENCE LEAVING SAID WEST LINE, AND CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 88'03'06" EAST, 20.01 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF- WAY LINE SOUTH 00°25'21" EAST, 18.52 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 88'03'06' EAST, 69.82 FEET TO THE TRUE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION; THENCE LEAVING SAID RIGHT-OF- WAY LINE NORTH 01'56'54" EAST 7.00 FEET; THENCE SOUTH 88'03'06' EAST 10.00 FEET; THENCE SOUTH 01 '56'54' WEST, 7.00 FEET TO SAID RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 88°03'06' WEST, 10.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 70 SQUARE FEET, MORE OR LESS. 1 of 1 Noo· 2s· 21"w 20.01' P.0.C. NE. 4TH STREET S88' 03' 06"E LEGEND 7' X 10' POWER ESM'T N£\V RIGIH-Of-WAY ACQU1Sffi0N PARCEL LINE EXISTING Rf/I/ P.0.8.=POIIIT OF BEGINNING P.O.C.=POINT OF COMMENCEMENT 70 S.F. MORE OR LESS AAEA Parametrix °"TE: DK.ambl, 111, 2t12 RtE: 6V.ftOW...l,Ollcrno,J..EIOilBlla 0 ~ 50 1"= 50' EXHIBIT B TPN 1023059132 PROJECT PARCEL 3 POWER VAULT ESM'T This instrument prepared by and after recording return to; _.)"_QJ:mJl,_R/>,,.y,ca..,1.._ _________ _ _ U.S. BANK N.A, COLLA~~RAL DEPAR""-'TMEIIT""'""-'"-------- P. O. BOX 5308 II~ I IJj ~l!l!III I IJif!IIII II~ 1111111111 20120531001332 OLD REPUBLIC TOT 196.00 PAGE-001 OF 010 .1!.0~ OR 97228-5~~8, ______ _ 05/31/2012 14:19 KING COUNTY, &JA CUJ rll':?l.WC TITLE LTD. 01 · 0 q':/ffo(,:, '1':>/10 WASHINGTON DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS AND LEASES 0608808550 (INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) Grantor(s): Bellevu_et-,c.£.-'L'"L""'------------------------------ Grantees: U, S, BA!ffl.: li A., a_p.J!fmee,cf.>.i.<;c.>.iJia..irv:y _____________________ _ U. $ BANK TRUST COMPANY ,.JL.A....._aJL..'!'.rna.t,..., ______________ _ Legal Oescription:.R.ortion of the Southwest, quarter of the S.outhwest q,..uu:.t.e.r_o""'f __ _ Section 10, Township 23 North, Range 5 East, W~M. (Add~ional on page 2) Assessots Tax Parcel or Account Number: ,.1,,o.,.2"'3"'0-"'-5.::-.a.9.;,l"'-3=2.::.-,,_o.,a ________________ _ Reference Number of documents assigned or released: .NOT APPi !CABLE This Washington Deed of Trvst, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under Uniform Commercial Code) ('Deed of Trust ") is made and entered into by the undersigned borrower(s), guarantor(s) and/or other obligor(s)/pledgor(s) (collectively the "Grantor') in favor of .!LJL_llAHlLTRQS,_.T_~- COMPANY, N.A. , having a mailing address at 555 SW OAK. PORTLAND, O"R.,,_ __ 97204 (the 'Trustee"), for the benefit of u, s. BANK N.A. (the 'Beneficiary'), as of the date set forth below. ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY 1.1 Grant of Deed of Trust/SecurHy Interest. IN CONSIDERATION OF FIVE DOLLARS ($5.00) cash in hand paid by the Trustee to the Grantor, and the financial accommodations from the Beneficiary to the Granto, as described below, the Granter has bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto Trustee, its successors and assigns, for the ben~ of the Beneficiary, the Mortgaged Property (defined below) to secure all of the Granters Obligations (defined below) to the Beneficiary. The intent of the parties hereto is that the Mortgaged Property secures all Obligalions of the Grantor to the Beneficiary, whether now or hereafter existing, between the Granto, and the Beneficiary or in favor of the Beneficiary, including, without limnation, the Note (as herein defined) and, except as otherwise specifically provided herein, any loan agreement, guaranty, mongage, trust deed, lease or other agreement, document or instrument, whether or not enumerated herein, which specifically evidences or secures any of the indebtedness evidenced by the Note (together and individually, the "Loan Documents"). The parties further intend that this Deed of Trvst shall operate as a security agreement with respect to those portions of the Mortgaged Property which are subject to Article 9 of the Uniform Commercial Code. 12 "Mortgaged Property" means all of the following, whether now owned or existing or hereafter acquired by the Grantor, wherever located: all the real estate described below or in Exhib~ A attached hereto (the 'Land"), together with all buildings, structures, standing timber, timber to be cut, fixtures, equipment, inventory and furnishings used in connection with the Land and improvements; all materials, contracts, drawings and personal property relating to any construction on the Land; and all other improvements now or hereafter constructed, affixed or located thereon (the 'Improvements') (the Land and the Improvements collectively the "Premises"); TOGETHER with any and all easements, rights-of-way, licenses, privileges, and appurtenances thereto, and any and all leases or other agreements for the use or occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security deposits a.51d any guaranty of a tenant's obligations thereunder (collectively the 'Rents'); all awards as a result of 1714DWA us bancorp 2001 81 Page 1 of 9 3/10 condemnation, eminent domain or other decrease in value of the Premises and all insurance and other proceeds of the Premises. The Land is described as follows (or in Exhibit A hereto if the description does not appear below): See Attached Exhibit A 1.3 "Obligations' means all loans by the Beneficiary to..,,B"'e"'l"l"e"vu'-"-'e"-TT=~L~L"'C'------------ ---------------------including those loans evidenced by a note or notes dated ...QU3l 12 $~--5.l!.,_ 0 0 • 0 0 , in the initial principal amount(s) of and any extensions, renewals, restatements and modifications thereof and all principal, interest, fees and expenses relating thereto (the "Note"); and also means all the Grantor's debts, liabilities, obligations, covenants, warranties, and duties to the Beneficiary, whether now or hereafter existing or incurred, whether liquidated or unliquidated, whether absolute or contingent, which arise out of the Loan Documents, and principal, interest, fees, expenses and charges relating to any of the foregoing, including, without limitation, costs and expenses of collection and enforcement of this Deed of Trust1 and attorneys· fees of both inside and outside counsel. The interest rate and maturity of such Obligations are as described in the documents creating the indebtedness secured hereby. 1.4 Homestead. The Premises are not the homestead of the Granter. If so, the Granter (aro)(are not) releases and waives all rights under and by virtue of the homestead exemption laws of the State of Washington. 1.5 Deed o! Trust Secures Commercial Loan. The Granter and the Beneficiary hereby agree that the Obligations secured by this Deed of Trust constitute a commercial loan and are not made primarily for personal, family or household purposes. 1.6 Mortgaged Property Not Agricultural Property. The Grantor hereby represents and warrants that the Mortgaged Property Is not used primarily for agricultural purposes. 1.7 Deed of Trust Does Not Secure Environmental Indemnities. Notwithstanding anything to the contrary set forth herein or in any other Loan Document, this Deed of Trust shall not secure the obligations of the Grantor or any other obligor under that certain Unsecured Real Estate Environmental Indemnity dated as of even date herewith made by the Grantor in favor of the Beneficiary {the 1 Envtronmental Indemnity Agreemenr) or the substantial equivalent of the obligations arising under the Environmental Indemnity Agreement. All of such obligations (and the substantial equivalents thereof) shaJI constitute the separate, unsecured, full recourSe obligations of the Grantor and any other obligor identified therein and shall not be deemed to be evidenced by the Note or secured by this Deed of Trust. 1.8 Construction Loan. 0 If checked here, this Deed of Trust secures an obllgation incurred for the con.struction of an improvement on land, including the acquis~ion cost of the land. ARTICLE II, WARRANTIES AND COVENANTS In addition to all other warranties and covenants of the Grantor under the Loan Documents which are expressly incorporated herein as part of this Deed of Trust, including the covenants to pay and perform all Obligations, and while any part of the credn granted the Grantor under the Loan Documents is available or any Obligations of the Grantor to the Beneficiary are unpaid or outstanding, the Granter continuously warrants to the Beneficiary and the Trustee and agrees as follows; 2.1 Warranty of TIiie/Possession. The Grantor warrants that it has sole and exclusive title to and possession of the Premises, excepting only the following ·Permitted Encumbrances·: restrictions and easements of record, and zoning ordinances (the terms of which are and will be complied with, and in the case of easements, are and will be kept free of encroachments), taxes and assessments not yet due and payable and those Permitted Encumbrances set forth on Exhibit B attached hereto (except that if no Exhibit B is attached, there will be no addnional Permitted Encumbrances). The lien of this Deed of Trust, subject only to Permitted Encumbrances, is and will continue to be a 1714DWA Page 2 cf 9 valid first and only lien upon all ol the Mortgaged Property. 2.2 Maintenance; Waste; Alteration. The Granto, win maintain the Premises in good and tenantable condition and will restore or replace damaged or destroyed improvements with rtems of at least equal utility and value. The Granter will not commit or permit waste to be committed on the Premises. The Granter will not remove, demolish or materially alter any part of the Premises without the Beneficiary's prior written consent, except the Granter may remove a fixture, provided the fixture is promptly replaced with another fixture ol at least equal utility. The replacement fixture will be subject to the priority lien and security of this Deed ofT rust. 2.3 Transfer and Liens. The Grantor will not, without the prior written consent of the Beneficiary, which may be withheld in the Beneficiary's sole and absolute discretion, either voluntarily or involuntarify (a) sell, assign, lease or transfer, or permit to be sold, assigned, leased or transferred, any part of the Premises, or any interest therein; or (b) pledge or otherwise encumber, create or permit to exist any mortgage, pledge, lien or claim for lien or encumbrance upon any part of the Premises or interest therein, except for the Permitted Encumbrances. Beneficiary has not consented and will not consent to any contract or to any work or to the furnishing of any materials which might be deemed to create a lien or liens superior to the lien of this Deed of Trust. 2.4 Escrow. After written request from the Beneficiary, the Grantor will pay to the Beneficiary sufficient funds at such time as the Beneficiary designates, to pay (a) the estimated annual real estate taxes and assessments on the Premises; and (b) all property or hazard insurance premiums when due. Interest will not be paid by the Beneficiary on any escrowed funds. Escrowed funds may be commingled w~h other funds of the Beneficiary. All escrowed funds are hereby pledged as additional security for the Obligations. 2.5 Taxes, Assessments and Charges. To the extent not paid to the Beneficiary under 2.4 above, the Granter will pay before they become delinquent all taxes, assessments and other charges now or hereafter levied or assessed against the Premises, against the Beneficiary based upon this Deed of Trust or the Obligations secured by this Deed of Trust, or upon the Beneficiary's interest in the Premises, and deliver to the Beneficiary receipts showing timely payment. 2.6 Insurance. The Grantor will continually insure the Premises against such perils or hazards as the Beneficiary may require, in amounts. wrth acceptable co-insurance provisions, not ress than the unpaid balance of the Obligations or the full replacement value of the Improvements, whichever is less. The policies will contain an agreement by each insurer that the policy will not be terminated or modified without at least thirty (30) days' prior written notice to the Beneficiary and will contain a mortgage clause acceptable to the Beneficiary; and the Granter will take such other action as the Beneficiary may reasonably request to ensure that the Beneficiary will receive (subject to no other interests) the insurance proceeds from the Improvements. The Grantor hereby assigns all insurance proceeds to and irrevocably directs, while any Obligations remain unpaid, any insurer to pay to the Beneficiary the proceeds of all such insurance and any premium refund; and authorizes the Beneficiary to endorse the Grantor's name to effect the same 1 to make, adjust or settle, in the Grantor's name, any claim on any insurance policy relating to the Premises, The proceeds and refunds will be applied in such manner as the Beneficiary, jn its sole and absolute discretion, determines to rebuilding of the Premises or to payment of the Obligations, whether or not then due and payable. 2.7 Condemnation. Any compensa1ion received for the taking of the Premises, or any part thereof, by a condemnation proceeding (including payments in compromise of condemnation proceedings), and all compensation received as damages for injury to the Premises, or any part thereof, shall be applied in such manner as the Beneficiary, in its sofa and absolute discretion, determines to rebuilding of the Premises or to payment of the Obligations, whether or not then due and payable. 2.8 Assignments. The Grantor will not assign, in whole or in part, without the Beneficiary's prior written consent, the rents, issues or profits arising from the Premises. 2.9 Right of lnspecilon. The Beneficiary may at all reasonable times enter and inspect the Premises. 2.10 Waivers by Granto,. To the greatest extent that such rights may then be lawfully waived, the Granter hereby agrees for itself and any persons claiming under the Deed of Trust that it will waive and will not, at any time, insist upon or plead or in any manner whatsoever claim or take any benefit or advantage of (a) any exemption, stay, extension or moratorium law now or at any time hereafter in force: {b) any law now or hereafter in force providing for the valuation or appraisement of the Premises or any pa11 thereof prior to any sale or sales thereof to be made pursuant to any provision herein contained or pursuant to the decree, judgment or order of any court of competent jurisdiction; (c) to the extent permitted by law, any law now or at any time hereafter made or enacted granting a right to redeem from foreclosure or any other rights of redemption in connection with foreclosure of, or exercise of any power of sale under, this Deed of Trust; {d) any statute of limitations now or at any time hereafter in force; or (e) any right to require marshalling of assets by the Beneficiary. 1714DWA Page 3 of 9 2.11 Assignment of Rents and Leases. The Granter assigns and transfers to the Beneficiary, as additional sscurity for ths Obligations, all right, tttle and interest of the Granter in and to all leases which now exist or hereafter may be executed by or on behalf of the Granter covering the Premises and any extensions or renewals thereof, together with all Rentsi it being intended that this is an absolute and present assignment of the Rents. Notwithstanding that this assignment constitutes a present assignment of leases and rents, the Granter may collect the Rents and manage the Premises, but only if and so long as a default has not occurred. If a default occurs, the right of Grantor to collect the Rents and to manage the Premises shall thereupon automatically terminate and such right, together with other rights, powers and authorizations contained herein. shall berong exclusively to the Beneficiary. This assignment confers upon the Beneficiary a power coupled with an interest and cannot be revoked by the Granter. Upon the occurrence of a default, the Beneficiary, at its option without notice and without seeking or obtaining the appointment of a receiver or taking actual possession of the Premises may (a) give notice to any tenant(s) that the tenant(s) should begin making payments under their lease agreement(s) directly to the Beneficiary or its designee; (b} commence a foreclosure action and file a motion for appointment of a receiver; or (c) give notice to the Granter that the Granto, should collect all Rents arising from the Premises and remit them to the Ber,eficiary upon collection and that the Granter should enforce the terms or the lease(s) to ensure prompt payment by tenant(s) under the lease(s). All Rents received by the Granter shall be held in trust by the Granto, for the Beneficiary. All such payments received by the Beneficiary may be applied in any manner as the Beneficiary determines to payments required under this Deed of Trust, the Loan Documents and the Obligations. The Granter agrees to hold each tenant harmless from actions relating to tenant's payment of Rents to the Beneficiary. 2.12 Fixture Filing. From the date of its recording, this Deed of Trust shall be effective as a financing statement filed as a fixture filing under the Uniform Commercial Code with respect to the Improvements and for this purpose the name and address of the debtor is the name and address of the Granto, as set forth in this Deed of Trust and the name and address of the secured party is the name and address of the Beneficiary as set forth in this Deed of Trust. The Mortgaged Property includes goods which are or may become so affixed to real property as to become fixtures. If any of the Mortgaged Property is of a nature such that a security interest therein can be perfected under the Uniform Commercial Code, this Deed of Trust shall also constitute the grant of a security interest to the Beneficiary and serve as a Security Agreement, and Granter authorizes. the filing of any financrng statements and agrees to e><ecute other instruments that may be required for the further specification, perfection or renewal of such security interest. ARTICLE Ill. RIGHTS AND DUTIES OF THE BENEFICIARY In addition to all other rights (including setoff) and duties of the Beneficiary under the Loan Documents which are expressly incorporated herein as a part of this Deed of Trust, the following provisions will also apply: 3.1 Beneficiary Authorized to Perform for Granier. If the Granter fails to perform any of the Granto(s duties or covenants set forth in this Deed of Trust, the Beneficiary may perform the duties or cause them to be performed, including, without limitation, signing the Granto(s name or paying any amount so required, and the cost, with interest at the default rate set forth in the Loan Documents, will immediately be due from the Granter to the Beneficiary from the date of expenditure by the Beneficiary to date of payment by the Granter, and will be one of the Obligations secured by this Deed of Trust. All acts by the Beneficiary are hereby ratified and approved, and the Beneficiary will not be liable for any acts of commission or omission, nor for any errors of judgment or mistakes of fact or law. ARTICLE IV. DEFAULTS AND REMEDIES The Beneficiary may enforce tts rights and remedies under this Deed of Trust upon default. A default will occur if the Granter fails to comply with the terms of any Loan Documents (including this Deed o!Trust or any guaranty by the Granier) or a demand for payment is made under a demand loan, or the Grantor defaults on any other mortgage affecting the Land, or if any other obliger fails to comply with the terms of any Loan Documents for which the Granter has given the Beneficiary a guaranty or pledge, or if there shall be a default under the Unsecured Real Estate Environmental Indemnity of even date herewith by Borrower or any other lndemnitor identified therein. Upon the occurrence of a default, then subject only to any statutes conferring upon the Grantor the right to notice and an opportunity to cure, the Beneficiary may declare the Obligations to be immediately due and payable. 4.1 Remedies. In addition to the remedies for default set forth below and in the other Loan Documents, including acceleration, the Beneficiary upon default will have all other rights and remedies for default available by law or equity. Upon a default, Beneficiary may exercise the following remedies: (a) Enforcement of Assignment of Rents and Leases. To the fullest extent permitted by applicable law, Beneficiary may: (i) terminate the license granted to Granto, to collect the Rents (regardless of whether Beneficiary or Trustee 1714DWA Page 4 of 9 shall have entered into possession of the Mortgaged Property), collect and sue for the Rents in Beneficiary's own name, give receipts and releases therefor, and after deducting all expenses of coHection, including reason.able attorneys' fees, apply the net proceeds thereof to any Obligations as Beneficiary may elect; (ii) make, modify, enforce, cancel or accept surrender of any leases, evict tenants, adjust Rents, maintain, decorate, refurbish, repalr1 clean, and make space ready for renting, and otherwise do anything Beneficiary reason- ably deems advisable in connection with the MMgaged Property; (iii) apply the Rents so collected to the operation and management of the Mortgaged Property, including the payment of reasonable management, brokerage and attorneys' fees, or to the Obligations; and (iv) require Granter to transfer and deliver possession of all security deposits and records thereof to Beneficiary. (b) Powerol Sale. Beneficiary may require the Trustee, and the Trustee is hereby authorized and empowered, to enter and take possession of the Premises and to sell all or part of the Mortgaged Property, at public auction, to the highest bidder for cash or such equivalent form of payment as may be permitted by applicable law, free from equity of redemption, and any statutory or common law right of redemption, homestead, dower, marital share, and all other exemptions, after giving notice of the time, place and terms of such sale and of the Mortgaged Property to be sold, by advertising the sale of the property in such manner and at such times as may be required by applicable faw. The Trustee shall execute a conveyance to the purchaser conveying to the purchaser all the right, tilfe and interest in the real and personal property sold at the trustee's sale which the Granter had or had power to convey at the time of execution of this Deed of Trust and such right, title and interest therein as the Granter may have thereafter acquired, and the Trustee shall deliver possession to the purchaser, which the Granter warrants shall be given w~hout obstruction, hindrance or delay. To the extent permitted by applicable law, the Trustee may sell all or any portion of the Mortgaged Property, together or in lots or parcels, and may execute and deliver to the purchaser or purchasers of such property a conveyance as described above. The Trustee shall receive the proceeds thereof and shall apply the same as follows: (a) first, the expense of the sale, including a reasonable charge by the Trustee and by his or her attorneys; (b) second, to the payment of the Obligations herein secured, in such order as Beneficiary shall elect, and to the extent permitted by applicable law any balance of said Obligations may be the subject of immediate su~; and (c) third, should there be any surplus, Trustee will depos~ such surplus, if any, less the clerk's filing fee, with the clerk of the superior court of the county In which the sale took place. To the extent permitted by applicable law, the sale or sales by Trustee of less than the whole ofthe Mortgaged Property shall not exhaust the power of sale herein granted, and the Trustee is specifically empowered to make successive sales under such power until the whole of the Mortgaged Property shall be sold; and if the proceeds of such sale or sales of less than the whole of the Premises shall be less than the aggregate of the Obligations and the expenses thereof, this Deed of Trust and the fien, security interest and assignment hereof shall remain in full force and effect as to the unsold portion of the Mortgaged Property; provided, however, that Grantor shall never have any right to require the sale or sales of less than the whole of the Mortgaged Property, but Beneficiary shall have the right at its sole election, to request the Trustee to sell less than the whole of the Mortgaged Property. Beneficiary may bid and become the purchaser of all or any part of the Mortgaged Property at any such sale, and the amount of Beneficiary's successful bid may be credited on the Obllgatlons. (c) Judfclal and Other Relief. Beneficiary or Trustee may proceed by a suit or suits in eqully or at law, whether for the specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted, or for any foreclosure hereunder or for the safe of the Mortgaged Property under the judgment or decree of any court or courts of competent jurisdiction. (d) Entry on Premises; Tenancy at Will. (i) Beneficiary may enter into and upon and take possession of all or any part of the Mortgaged Property, and may exclude Grantor, and all persons claiming under Grantor, and its agents or servants, wholly or partly therefrom; and, holding the same, Beneficiary may use 1 administer, manage1 operate, and control the Mortgaged Property and may exercise all rights and powers of Grantor in the name, placo and stead of Grantor, or otherwise, as the Beneficiary shall deem best, and in the exercise of any of the foregoing rights and powers Beneficiary shall not be liable to Granter for any loss or damage thereby sustained unless due sofefy to the willful misconduct or gross negligence of Beneficiary. (ii) In the event of a trustee's or other foreclosure sale hereunder and if at the time of such sale Granter or any other party (other than a tenant under a Lease as to which the Beneficiary shall have expressly subordinated the fien of this Deed of Trust as hereinabove set out) occupies the portion of the Mortgaged Property so sold or any part thereof, such occupant shall on the twentieth day after the sale become the tenant of the purchaser at such sale, which tenancy, unless otherwise required by applicable law, shall be a tenancy from day to day, terminable at the wilf 17t4DWA Page 5 of 9 of such purchaser, at a reasonable rental per day based upon the value of the portion of the Premises so occupied {bl.II not less than any rental theretofore paid by such tenant, compl.lled on a daily basis). An action of forcible detainer shaJJ lie if any such tenant holds over a demand in writing for possession of such portion of the Premises. (e) ReceivEn. Beneficiary may make application to a court of competent jurisdiction, as a matter of strict right and withol.ll notice to Granter or regard to the adequacy of the MMgaged Property for the repayment of the Obligations, for appointment of a receiver of the Mortgaged Property, and Granter does hereby irrevocably consent to such appointment. Any such receiver shall have all necessary and proper powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court. (I} Remedies Cumulative, Concurrent and Nonexclusive. If the Obligations are now or hereafter further secured by chattel mortgages, other deeds of trust, security agreements, pledges, contracts of guaranty, assignments · of leases, or other security, then to the fullest exlent permitted by applicable law, Beneficiary may, at its option, exhaust ils remedies under any one or more of said instruments and this Deed of Trust, either concurrently or independently, and in such order as Beneficiary may determine. Beneficiary shall have all rights, remedies and recourses granted in the Loan Documents and available to it at law or equity {including, wtthol.ll limitation, those granted by the Uniform Commercial Code), and to the fullest extent permitted by applicable law, same {a) shall be cumulative, concurrent, and nonexclusive, {b) may be pursued separately, successively or concurrently againSI Granter or others obligated for the Obligations, or any part thereof or against any one or more of them, or against the Mortgaged Property, at the sole discretion of Beneficiary, and (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise of or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, temedy or recourse. (g) Waiver by the Beneficiary. The Beneficiary may permit the Granter to attempt to remedy any default wlthol.ll waiving tts rights and remedies hereunder, and the Beneficiary may waive any default without waiving any other subsequent or prior default by the Granter. Furthermore, delay on the part of the Beneficiary in exercising any right, power or priV1lege hereunder or at law will not operate as a waiver thereof, nor will any single or partial exercise of such right, power or privilege preclude other exercise thereof or the exercise of any other right, power or privilege. No waiver or suspension will be deemed to have occurred unless the Beneficiary has expressly agreed in writing specifying such waiver or suspension. (h) Attorneys' Fees and Other Costs. Attorneys' fees and other costs incurred in connection with this Deed of Trust (including withol.ll limitation, the cost of any appraisal which may be obtained in conjunction with any foreclosure or deficiency judgment proceedings) may be recovered by the Beneficiary and included In any sale made hereunder or by judgment of foreclosure. ARTICLE V. TRUSTEE 5.1 Action by Trustee. The Trustee named herein shall be clothed with full power to act when action hereunder shall be required, and to execute any conveyance of the Mortgaged Property. In the event that the substitution of the Trustee shall become necessary for any reason, the substltl.llion of a trustee in the place otthat named herein shall be sufficient. The term ·Trustee· shall be construed to mean ·Trustees· whenever the sense requires. The necessity of the Trustee herein named, or any successor in trust, making oath or giving bond, is expressly waived. 5.2 Employment of Agents. The Trustee, or any one acting in it's stead, shall have, in it's discretion, authority to employ all property agents and attorneys in the execution of this trust and/or in the conducting of any sale made pursuant to the terms hereof, and to pay for such services rendered out of the proceeds of the safe of the Mortgaged Property, should any be realized; and if no sale be made or if the proceeds of sale be insufficient to pay the same, then, to the fullest exlent permitted by appicable law, Grantor hereby undertakes and agrees to pay the cost of such services rendered to said Trustee. Trustee may rely on any document believed by it in good faith to be genuine. All money received by the Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and the Trustee shall not be liable tor interest thereon. 5.3 Indemnification of Trustee, If the Trustee shall be made a party to or shall intervene in any action or proceeding affecting the Mortgaged Property or the title thereto, or the interest of the Trustee o, Beneficiary under this Deed of Trust, the Trustee and Beneficiary shall be reimbursed by Granter, immediately and without demand, for all reasonable costs, charges and attOrneys' fees incurred by them or either of them in any such case, and the same shall be secured hereby as a further charge and lien upon the Mortgaged Property. 5.4 Successor Trustee. In the event of the death, refusal, or of inability for any cause, on the part of the Trustee named herein, or of any successor trustee, to act at any time when action under the forgoing powers and trust may be required, or for any other reason satisfactory to the Beneficiary, the Beneficiruy is authorized, either in its own name or 17140WA Pago 6 of 9 • through an attorney or attorneys in fact appointed for that purpose, by written instrument duly recorded, to name, substftute and appoint a successor or successors to execute this trust, such appointment to be evidenced by writing, duly acknowledged; and when such writing shall have been recorded in each county in which the Land is located, the substttuted trustee named therein shall thereupon be vested with all the right and title, and clothed with all the power of the Trustee named herein and such like power of substitution shall continue so long as any part of the debt secured hereby remains unpaid. Any successor Trustee may be replaced, at the option of the Beneficiary, by the original Trustee or a successor Trustee previously replaced, each such substitution to be made as herein provided. ARTICLE VI. MISCELLANEOUS In addition to all other miscellaneous provisions under the Loan Documents which are expressly incorporated as a part of this Deed of Trust, the following provisions will also apply: 6.1 Term of Deed of Trust. This Deed of Trust shall continue in full force and effect until the Mortgaged Property has been reconveyed by the Trustee. 6.2 Time of the Essence. Time is of the essence with respect to payment of the Obtigations, the performance of all covenants of the Granter and the payment of taxes, assessments, and similar charges and insurance premiums. 6.3 Subrogation. The Beneficiary will be subrogated to the lien of any mortgage or other lien discharged, in whore or in part, by the proceeds of the Note or other advances by the Beneficiary, in which event any sums otheiwise advanced by the Beneficiary shall be immediately due and payable, with interest at the default rate set forth in the Loan Documents from the date of advance by the Beneficiary to the date of payment by the Granter, and will be one of the Obligations secured by this Deed of Trust. 6.4 Choice of Law. This Deed of Trust will be governed by the laws of the state in which the Mortgaged Property is located. For all other purposes, the choice of law specified in the Loan Documents will govern. 6.5 Severabllily. Invalidity or unenforoeabillty of any provision of this Deed of Trust shall not affect the validity or entorceabillty of any other provision. 6.6 Entire Agreement. This Deed of Trusl is inlended by the Granter and the Beneficiary as a final expression of this Deed of Trust and as a complete and exclusive statement of its terms, there being no conditions to the full effectiveness oflhis Deed a/Trust. No parol evidence of any nature shall be used 10 supplement or modify any lerms. 6.7 Joint Uabilily; Successors and Assigns. If there is more than one Grantor, the liability of the Grantors will be joint and several, and the reference to "Granto( shall be deemed to refer to each Grantor and to all Granters. The rights, options, powers and remedies granted in this Deed of Trust and the other Loan Documents shall extend to the Beneficiary and to ~s successors and assigns, shall be binding upon the Grantor and its successors and assigns, and shall be app[icable hereto and to all renewals, amendments and/or e>ctensions hereof. 6.8 Indemnification. Except for harm arising from the Beneficiary's or the Trustee's willful misconduct, the Grantor hereby indemnifies and agrees to defend and hold the Beneficiary and the Trustee harmless from any and all losses, costs, damages, claims and expenses (including, without rtmitation, attorneys' fees and expenses) of any kind suffered by or asserted against the Beneficiary or the Trustee relating to claims by third parties arising out of the financing provided under the Loan Documents or related to the Mortgaged Property excepting the Beneficiary's failure to perform its obligations under the Real Estate Environmental Indemnity Agreement or the exercise by the Beneficiary or the Trustee of any of their respective powers, rights and remedies under this Deed of Trust. To the fullest extent permitted by applicable law, this indemnification and hold harmless provision will survive lhe termination of the Loan Documents and the satisfaction oflhis Deed of Trust and Obligations due the Beneficiary. 6.9 Notices. Except as otherwise provided by applicable Jaw, notice of any reoord shall be deemed delivered when the record has been (a) depostted in the United States Mail, postage pre-paid, (b) received by overnight delivery service, (c) received by telex, (d) received by telecopy, (e) received through the internet, or (n when personally derivered. 6.10 Release of Rights of Dower, Homestead and Distributive Share. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to lhe Mortgaged Property and waives all rights of exemption as to any of the Mortgaged Property. 6.11 Copy. The Grantor hereby acknowledges the receipt of a copy of this Deed ofTrust, togather wilh a copy of each promissory note secured hereby, and all other documents executed by the Grantor in connection herewith. e.12 usury Savings Clause. Notwithsranding anything herein or in the Note to the contrary, no provision contained herein or in the Note which purports to obligate the Grantor to pay any amount of interest or any fees, costs or expenses which are iri excess of the maximum permitted by applicable law, shall be effective to the extent that it 17140WA Page7of9 calls for the payment of any interest or other sums in excess of such maximum. AU agreements between the Gran.tor and the Beneficiary, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of demand for payment of or acceleration of the maturity of any of the Indebtedness secured hereby or otherwise. shall the interest contracted for, charged or received by the Beneficiary exceed the maximum amount permissible under applicable law. If, from any drcumstance whatsoever, interest would otherwise be payable to the Beneficiary in excess of the maximum lawful amount, the interest payable to the Beneficiary shall be reduced to the maximum amount permitted under applicable law; and if from any circumstance the Beneficiary shall ever receive anything of value deemed interest by applicable law in excess of lhe maximum lawful amount, an amount equal to any excessive interest shall at the Beneficiary's option, be refunded to the Grantor or be applied to the reduction of the principal balance of the indebtedness secured hereby and not to the payment of interest or, if such excessive interest exceeds the unpaid balance of principal indebtedness secured hereby, such excess shall be refunded to the Grantor. This paragraph shall control all agreements between the Grantor and the Beneficiary. 6.13 Riders. The rider(s) attached hereto and recorded together with this Deed or Trust are hereby fully incorporated into this Deed of Trust. [Check applicable box(es)] D Condominium Rider D Second Deed of Trust Rider D Construction Loan Rider O Other(s) (Specify)------------------- IN WITNESS WHEREOF, the undersigned has/have executed this Deed of Trust as of MAY 31, 2012 (Individual Grantor) (Individual Grantor) Printed Nam•·------~N=A.._ ______ _ Printed Name ______ ~N=A,,_ _____ _ Bellevue TT LLC Granto, Name (Organization) a ..Has.hington limited 1iabi1itY--®.!lm«au.n.,:icr.------- By ~/ ,C\~ Name end Tltta Mathew E, Tonkin, Hember By----------------------- Name and l11fa _____________________ _ (Grantor Address) 227 106th Ave Nil Bellevue. WA 98004 (Beneliciary Address) 555 sw O""------------------~ PORTLAND, OR 97204 (NOTARIZATION(S) ON NEXT PAGE] 1714DWA Page8o19 Acknowledgment in Individual Capacity STATE OF ________ ( ss COUNTY OF \ I certify that I know or have satisfactory evidence that ___ -----==c'\N"7;Aaccc==-------- [NsmeCsJ of Peraon{s)J is/are the person(s) who appeared be/Ore me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged It to be his/her /their free and voluntary act for the uses and purposes mentioned in the rnstrument. Dated; ------------- (Seal or Stamp) STATE OF u.JPSth'!IG: LQAI COUNTYOF fteLCc Printed Name:------------------ Title: My appointment expires:-----·---------- Acknowledgment in Representative Capacity I certify that I know or have satisfactory evidence that _,,Ma"'-'t,.b,,e,_.w,_,E._.~T._o,,,,n,,,k"'itcn~=====-------- (Name(s) of Petson(s)] is/,afe the person(:,) who appeared before me, and said person!t) acknowledged that he/s~o,4~9'/ signed this instrument, on oath stated that he/s~efth•l' ,,es/were authorized to execute the instrument and acknowledged It as the Mernl:>.e_r,_ _________ ~-~~---~-------------------[Type of aultlortty. e.g., off1ccr. lrustoe. etc} of Bellevue TT LLC (Namo of party on bOtlalt of whom fn:strumenl was executed} to be the tree and voluntary act of such party for the uses and purposes mentioned in the Instrument. Dated: -~S_-~3~0_-_1 ~),~----- (S t7140WA Printed Name: Oe&eA A . 011/ ss, <i" Title: -LJ.leTA/(,. '( &l?L,; C My appointment expires: --~'7'--_lc.lc.--'-1-",.i ________ _ Page 9 of 9 EXHIBIT A TO DEED OF TRUST Grantor/Trustor. Bellevue TT LLC Trustee: U.S. BANK TRUST COMPANY, N.A. Beneficiary; U.S. BANK N.A. Legal Description of Land; (Legal Description) 4114 NE 4lh Street, Renton, WA 98059, more fuHy described as follows; The land referred to is situated in the unincorporated area of the County of King, State of Washington, and Is described as follows: That portion of the West half of the Southwest quarter of the Southwest quarter of Section 101 Township 23 North, Range 5 East, W.M., In King County, Washington, described as follows: Beginning at the Southwest corner oof said Section 10; THENCE North 00°25'13" West 42.04 feet; THENCE South 88°01'58" East parallel with the South line of said subdiVislon 40.03 feet to the Intersection of the East margin of Union Avenue N.E. with the North margin of N.E. 4111 Street; THENCE North 00°25'13" West along said East margin 158.00 feet; THENCE South 88°02'58" East 142.12 feet to the East line of the West 182.00 feet of said subdivison and the True Point of Beginning; THENCE North 89°43'21" East 214.64 feet to the West line of the East 250.00 feet of said West half (as measured along the South line thereof); THENCE South 00°16'39" East along said West line 166.33 feet to said North margin of N.E. 4111 Street; THENCE North 88°02'S8" West along said North margin 214.41 feet to said East line of the West 182.00 feet of said subdivision; THENCE North 00°25'13" West along said East line 158.00 feet to the True Point of Beginning; (ALSO KNOWN AS Lot 2 of Oty of Renton Lot Line Adjustment 007-82, recorded under Recording No. 8207079005). EXCEPT that portion conveyed to City of Renton by Deed under Recording No. 20120416000525. SITUATE In the County of King, Stijte of Washington UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (fronl and back) CAREFULLY r 16915 US BANK PORTLA I JI I jf! Ill tll ~II 1~111 Ill f ~ fl~ fl 1111 f ~ 11111 I 20120626001809 A.. NAME!, PHONE OF CONTACT AT FILER (optional] Phone:(800) 331-3282 Fax: (618) 662-4141 B. SEND ACKNO'Nl.EDGEMENT TO: (Name and Adclre$:s) CT Lien Solutions P.O. Box 29071 33687564 CT LIEN SOLUTI UCC 63.00 PAGE-001 OF 002 WAWA 06/26/2012 16:18 KING COUNTY, ~A Glendale, CA 91209-9071 L _J File wilh: CC WA King, WA THE ... Bove SPACE IS FOR FILING OFFtc:E USE ONL y DEBTOR'S EXACT FULL LEGAi. NAME -Insert only o.rut. debtor name (1a or 1b). do not abbreviate or combine names 1.11. ORGANLZAllON'S NAME Legato, Inc. OR 1b. lNDMOUAL '$ 'LA.ST NAME FIRST NAME MIDDLE~ 1C, MAILING ADDRESS CITY STA"JE ' POSTAL CODE 3300 Maple Valley Highway Renton WA 98058 ld. SEf lt§IBIICIIQHS =NFO RE r•· TYPE OF ORGMIIV.TION 1f, JURISDICTION OF ORGANll.AlK'm lg.ORGANIZATIONAL ID#, II' any ;("TIJN CORPORATION WA WA600446545 2. AOOfflONAL DEBTOR'S EXACT FULL LEGAL NAME • ln.sert only QOL debtor name (2;:1 oc 2b} • do 001 abbreviate or combine names 21. ORGANIZATION'S NAME OR 2b. lNDMDUAL'SlAST NAME FIRST NAME MIDDLE NAME 2c. Mtt.lUNG ADDRESS CITY STATE 'POSTAL CODE 2c1. §1:il;i; l~nBl&IIQlUi ~~ORE ,2e. TYPE OF ORGANIZATION 2f. JURISDICTION OF ORGANLZA.TJON 2g. ORGANIZA.TIONAL 10 #, JI any IZATION R 3 SECURED PARlY'S NAME {or NAME of TOTAL ASSIGNEE of ASSIGNOR $JP) insert only OCI.L see:tJfed party name: (3a or 3b) 3-. ORGANIZATK>N'S NAME U.S. BANK NATIONAL ASSOCIATION OR 31>. INDMOUAL '5 LAST NAME FIRST 1'W.lE UIDOLE l'W.cE 3c. MAR.ING ADDRESS CITY STATE I POSTAL CODE 555 S.W. OAK STREET PD-OR-P7LD PORTLAND OR 97204 .4, This FlNANCING STATEMENT Q1l,'ffl ttle following collelenil. SUFFIX COUNTRY USA DNONE SUFRX COUNTRY ONONE SUFFIX COUNTRY USA All of the followina whether now owned or existinci or hereafter aCQuired bv the Debtor {or bv the Debtor with sPOuset wherever located {inctudino all documents, oeneral fntam:::ilbles. additions and accessions. spare and reoalr oans. special tools, replacements, returned or reoossessed aoods and books and records 1Hlal/nQ to U,e followino: and all oroceeds. suoDOrtino obl!oations and Producls of the followlna): all fixtures: Olher than lhe sale or lease of lnventoN in lhe ordlnarv course of Oebtots business, the purchase by or pledge to another party of any of the above-described collateral violates the rights of lhe Secured Party. B. OPTIONAL FILER REFERENCE DATA 33687564 CONSIGNEETCONSfGNOR 55-808550·59/00397 FILING OF ACE COPY -NATIONAL UCC FINANCING STATEMENT (FORM UCC1) (REV. 0Sl22JD2) 3001550397 AG. LIEN NOtHJCC FLUNG ~oared bv CT Lien &tt11loo1, P.O. so,. 29071. Glorldll'it. C... 11120g..oo11 TIIII (800) 331-3282 ---- -= --ii:=, = - = = = Jun. 19. 2012 9:01AM "S Bank No. 3913 P. 3 ...... MUST BE ATTACHED TO UCC-1 FINANCING STATEMENT SECURED PARTY: U.S. BANK N.A. DEBTOR($): legato, Inc. Firnmcmg Sla1t111en1 Anaclwcnt Legal Description of the Real l:slate: 4114 NE41!1 Stttet, Renton, WA 98059, 111ore fully described as follows: The land referred to Is situated In the unincorporated area of the County of King, State of Washington, and Is described as follows: That portion of !he West half of the southwest quarter of the Southwest quarter of Section 10, Towrishlp 23 North, Range 5 East, W.M., In King County, Washington, descl1bed as follows: Beginning i,t the Southwest corner oof said Section 10; THENCE North 00°25'13" West 42.04 feet; THENCE South 88°01'58" East parallel with the South line of said subdivision 40.03 feet to the intersection of the East margin of Union AVenue N.E. with the North margin of N.E. 4th Street; THENCE North 00°25'I3"West along s~ld East margin 158.00 feet; THENCE South 88°02'58" East 142.12 feet to the East line of the West 182.00 feet of said subdlvlson and the True l>oint of BegJrmlng; THENCE North B9°43'21H East 214.64 feet to the West Dne of the East 250,00 feet of said West half (as measured along the South line thereof); lliENCE South 00°16'39" East along said West line 166.33 feet to said North margin of N.E. 4111 Street; TH!;NCE North 88°02'58" West along said North margin 214,41 feet to said East line of the West 182.00 feet of said subdivision; THENCE North 00°25'13" West along said East line 158.00 feet to tha True Point of Beg1Mlng; (ALSO KNOWN AS lot 2 of Qty of Renton lot line Adjustment 007-82, recorded under RecordJng No. 8207079005). EXCEPT that portion o:inveyed to Qty of Renton by Deed under Recording No. 20120416000525. SITUATE In the County of King, State of Washington I ... ___ .... r ,:u;, ,, ..... , ,,, ~ f !J 1 .\f P. :·11\ "1 (i. _Jil;A 1; n~i:1.vt1i. ·,'llt 'J,t:•,J fHIS MEMORA~~UM OP L~ASE made as of the~ day of Oecembet, HS6, by and bet""een MATHEW 1:.·. 'JUNl<lN il.nd CAYL£ N. TONKIN, husband and wif11; arid, !/'RANK t. •roNL<lN and REBECCA A. TONIUN, hU!;band and wife, Landlord, and LF.GA'J'O, lNC., ~ Washington Corporation, 'l'enant 1 ~-ES SE 'l' H: IN C::ONSlin-:RA'l'IOtf of the rents rcsei:ved in that cec:t:ain Lea.SE!' Agte~nt between the pc1rties dated J.:._t:...'[.-, and o! th~ terms, covenants, Londitions a1., agreell'IE!'nt'.s on the part of the Tanant therein, Landlord leases to 'tenant certain real property located iu the City or Renton, Crrnnty of t::icl'g, State of WGl>hington, de5cribed as fol lows: '('hat portion (.)f 1:.hi: We:>t 1/;? of the Sootbwest 1/4 of the Southvest 1/.4 of Sectfon UI, Towne.hip 23 Noc.th,. Range 5 East H'.N., described as follows: &~irmin') at the 5out' l'est co;rnei: ot: seiid Ss-ction Hl; thence c,ratth liJO 25' lJ" West 42,134 feet; thence Soi.:ith Be 0'2'5S-East paxallel with the south line of said subdivision 40.03 !eet tCJ the inf:et:section of the E'ast margin of Unlon Avenue N.E:. with the Notth ma:i:gii1 of N.E. 4th Street; thence North 90 25'IJ" welbt along s,.ild Sast margin 158.Bf fe.t; thence south 88 112 '5B" Easl: H:.!.12 feet to the East Um~ of the west 18'2.00 feet of said subdivis'on ancl the true point of beqi~nin~; thence North 89 4.3•21• Ea,t 214.64 feet to th~ West line of the EJst 2S~.0i feet of said West l/2 {as meas.1.n:ed along the South line the:ceof):: thence South ~0 16 1 39" East along said West Hne lli6.33 feet to said North tnat:gin a£ N,E. -'1th street; tbence ffQ't"th 88 02'58'' Wic'at along said No.rth m,ngin 214.H feet to said East: line of the west Hl2.W0 feet of said subdivision; thence Nocth 06 25 1 IJ" ~t along said Ea~t line 1sa.00 feet to th& true point of ~inning; (A.LSO K!IOWN /1.5 Lot 2 of City of 1«<:nton Lot L(n,e Miustment No. 007-8~ recorded tlnder King County Reco[d!ng No. 11'20707!Hif05, J 'J'O ffA\1£ AkJD :ro HOLD the pi:-@lllises to.r the jnitisl t:e.tru of 101 y,eai:s, ~O!l'mencing Jan~1cy 1. 1167. with options to extend th& term for two additional periods of lM year$ eacn. upon the terns, covenants and <.."Onditions spe,cified in the I-liaise Agreement. IN WITN&Ss WHEREOF, the !)artiqs a,xecuted tbis instrument the date first abov~ written. 'c. LAN«b!Uf:~' l ~., ··~_,L: ~£•:JONKIN / z:....!;hcl'.c.· a. -.1i:~~:..- RE8l'CC~ A. TONKIN -1-96,•1;2 .... ::s:c, !£CO F CRSHSL 6,00 •2419 e ..... ~.~.QO 11 l ' J :V,.·' i ·~,:/:; 1 :~.-~r ~ T!IWIT, Lmft,'l'Q, IIIC, STATI OP tU..SHINGTON) I ss CODN"l'J' OP HNC ) 0,1 this~ day o! Oe<:albet, 19116, before me, tbd undareigned, a Notary Publi~1r)d for th.:! State of Wllabing-ton, duly C0111J11B•ioned ot>d i:·rom pMaonaUy appeared 111'1.'l'HEN' E. TOtfUN, GAYLE H, TOLft:IN, P'RAHJ: E. TONKIN and ~&BECCA A, TOHKlH, to me known to be tba individual~ dee.cribCld in •nd who e:a.f!,(.'Qted I;~ foregoing .t.natr-iment, illod actnowledged that they signed and aeal-ed tM same aa their free and VQluntatY act and deed, for the, uu,s and purpo•n l:ber~in mentioned. GIVeiN u:ndu tty hand and official seal thifl~ay of ;Jr·ceabe:i:::t 1906, STME OF NASllING'l'OY} JS$ COUNT! OF UNG ) \ on ,f:~~ day of Oecember, 1986, before me, pel:lon•lly appt!at-3 l<.ti:r.,ooa :tr"A'") , to aie knowr t:o be-the President, of the corporal-1ontitexecuted the f..,regoing j, st.r.•ment, and a~l.,.-Jged Hid inatru1Dent tu be tb12 ttee «nd voluntary 111ct •nd deed of l'la.id e.orpt>:ution, for the uses and pu:tpl)M.9 th•rein mentioMd, and on oath atated tn..ty were aot:hodi:!id t(l execute •iiid inst:nment and that the &efll &ffbed i• U,e corporate seal of said corporation. GIV£1i undec t11y hand and afficial sed this~ day ct ~, 198&. .. , ... -~-----~--·-----·------ ., ti·~•. :~._:;:;,~ 1.-.•. ::;:/.;.:_ ,· .... ft\ ·'='· . -.~:" t~ . ~~(~ ~, .. ;<~~~ :-:-r\~~i!; '~~ ,·,1: ::No.-":· . :.: . . ;.-- . --:::-. CHICAGO TITLE INS. ~ REF# /JI) ?'{S -tr, When Recorded Mail To: Shilshole and Renton Highlands TT, LLC 3300 Maple Valley Highway Renton, WA 98058 ~lill!ll~lllili 1~11 I 1111~11~11~1 i!ll 111 20120416000527 CHICAGO TITLE PREL 69.00 PAGE-001 OF 008 04/16/2012 11:58 KING COUNTY, Ill> PARTIAL RELEASE OF LEASE Lessee(s): Legato, Inc. Lessor(s): Shilshole and Renton Highlands TT LLC Abbreviated Legal Description: Ptn of SW ~ of 10-23N-05E, WM Assessor's Tax Parcel ID#(s): 102305-9132-08 Legato, Inc., being the Lessee, and Shilshole and Renton Highlands TT LLC, being the Lessors, under that certain unrecorded lease as referenced in the Memorandum of Lease dated January 1, 1987 and recorded on December 30, 1986 under Auditor's File No. 8612302419, in King County, Washington, for and in sufficient consideration release(s) from all effect of said lease the following described property situated in King County, State of Washington: Per Exhibit A and as depicted in Exhibit B attached hereto and made a part hereof. This release shall not be construed to in any manner discharge, release or impair the effect of said lease upon any property other than the property specifically described herein. PRL DATED THIS _day of /77 ~,/... ,;;,:J;-ij,_ , 20~. LESSEE(S) LEGATO, INC. PRL Fr 3-ZS·l'i. Accepted and Approved: LESSOR(S) SHILSHOLE & RENTON HIGHLANDS TT LLC By: J~ fl, 1o&-· ,cra11l1 E. fonkin F'~o..~I' fl, To nit;,, J T• ~slf~ Date:---------- By:,__ ___ __, ____ _ Rebecca A. Tonkin Kilburg Date: _________ _ Notary Seal must be within box ~~fr STATE OF ) ss COUNTY OF 0tiP) ) I f:¥lrtily thafl I know or have satisfactory evidence that l~lf .Jbn)MO , , and (is/are) the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument and acknowledged it to be (his/her/their) free and voluntary act for the uses and purposes mentioned in this instrument. Notary Public State of Washington DATED: s/2<z /:ro I Y LACEY LUJAN t Y COMMISSION EXPIRES 00.ifA~~ -August 18, 2015 Notary Public in a~;;Sta \,l )8::: Notary I . (Print) . fl,[£~ l ,id j";l/1 i2,J!li~ My appointme.;-expires:~ fTI~g · ' PRL Nolary Seal must be within box sTArEoF W4fihro 1toO COUNTY OF l<.tn9 PRL ) ss ) I cert~X that I know or have satisfactory evidence thal :/Yl:9±N-::=:=;YJ=C-=Jt==C(}=\U:O==-· , and --"==-======--(is/are) the person(s) who .._,,,"'"\\1111 111 appeared before me, and said person(s) acknowledged that .:§" GUZ~ 11,,t (he/she/they) signed this instrument and acknowledged it to ,=:-~~ ';;.-;."txll;_;~,,;t' 1~,Pe (his/her/their) free and voluntary act for the uses and € f!fi:",t°..,~R~ "\ -t-~urposes mentioned in this instrument. -r--:s. 0 ~ 0 ..-: ~ "'~-z .. ~ ... ~ :::; ;;; i•0 ... • !t (1)1 c, ~ ,'1,1,,:f ~ ..... -=~-i ~\a> pu<& <:,~ ff ;: :: ~ ,,,111 o&·',..,.., ,ff ,#)ATED: ---'---'--..:.....----:#'----- "11 ..,,., '••\\\\\\\\'\~ ~ ,-: ~ 1,,1, "11l: of ~.,,,. ---,-""7'"'-'------~'--.,------------ 111111\\"'"'''" Notaiy Seal must be within box \ ' L., ·" ST A TE OF Alo$\'.) 11% JVU ) ss PRL COUNTY OF Ki 01 ) On this a q day of YY'JfAl'Ck , 20 l'L , before me personally appeared rn wf:ht w €.-TCrJ/c rll """""'' , and .:-''''ouz~1,,,,, t to me known to be the .#' ·v '""""""' 1, 1,~~o Dr. , and ff ~~q,.,. EXP/~~;,,,,,. ~rf;[ ....;;.._ Of the WaShiOQtQQ CQ[QQ[a\iOO that ~ ~ i!!! o"~R ~ \ o ~ecuted the within instrument, and acknowledged the said ~ ~ {\ "' , ·' !:! .,,] ~ i§strument to be the free and voluntary act and deed of said ~ -J. \<> p~'l>".,':'_ff ~ j;eqato Joe, for the uses and ses therein mentioned, ~. _';:,,,, On·',.,..-'--.._,!" .;:'and each on oath staled th e/she was authorized to '/ .. ~,..,, Ii\\\\\\'-'" _a,l 'I". -,,,, 'I re of.,.. ~$" exec te instrument. ~ ~ . '"'""~"''~ Not I(' . , I 6 (Print) tif[S &,,.,, L.--~m.¥7 My appointment expires: __,.,,l,'---'··1.._s.;,__-_,_16=------- Notary Seal must be within box PRL STATEOF cu~,::',~ COUNTY OF~\:.=' ~""---1~--- ) ss ) I certify that I know or have satisfactory evidence that C: c<>,,..,.IL /l. ~ l:t "'-N f>. NA and ~ · "'-(is/are, the person(st-who appeared before me, and said person(s) acknowledged that "'''"'''111 111 (he/she/they) signed this instrument and acknowledged it to $''"\i)P..WS01,'',, be (his/l)ef'/th9ir)'free and voluntary act for the uses and ~ ~-~ ... ~~~''· 1 ', purposes mentioned in this instrument. ff$ :i,;,· """'f ~\ -i-\ ~_,= c, , ~o ;;~i • , ... ;;1---,, ""-·, :::; I.II Jo ' ..-"> = 0 DATED: __ ~_-_.,_.,-_t _ _._ ______ _ ~ \., ~u•" :-~= ~ : ~ \ 4.0~ ~=-----------------------~/. -,s,~ ~~ .. --. Cj .: ~11111 ~1'"E Of~:,.? (:,{ H=, ~ ~ (--- 11111\\""'" Notary Public in and for the State of \,,J c..oi-., r.s:h,.... Notary _ "-_ _ (Print) Cl I 6 ""-I~ l t,v-. My appointment expires: '1-&'-· >e r) EXHIBIT A TAX PARCEL N0.1023059132 PROJECT PARCEL NO. 3 LEGAL DESCRIPTION FOR RIGHT .OF-WAY Parametrix THAT PORTION OF LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT FILE NUMBER LLA-007-82 AS RECORDED UNDER RECORDING NUMBER 198207079005 RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE WEST LINE THEREOF NORTH 00°25'21" WEST, 20.01 FEET; THENCE LEAVING SAID WEST LINE, SOUTH 88°03'06" EAST, 20.01 FEET; THENCE SOUTH 00'25'21" EAST, 18.52 FEET; THENCE SOUTH 88"03'06" EAST, 129.00 FEET; THENCE NORTH 01"56'54" EAST 8.50 FEET; THENCE SOUTH 88°03'06' EAST 45.00 FEET; THENCE SOUTH 01"56'54" WEST, 8.00 FEET; THENCE SOUTH 88'03'06" EAST, 20.27 FEET TO THE EAST LINE OF SAID LOT 2; THENCE ALONG SAJD EAST LINE SOUTH 00'16'47" EAST, 2.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE SOUTH LINE OF SAID LOT 2 NORTH 88"03'06" WEST, 214.30 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,084 SQUARE FEET, MORE OR LESS. 1 of 1 ..sf ~ I w $;_;;.·· I ~,r I ~ ~~ I iu/ I j I --------T -------------_J !I; I ~ I LOT 2 LOT LINE I I§ r -L _ -. I ADJUSTMENT I I ~ tS' z ,..pP' UA-007-82 I I p~~ ~ ,., , I REC. #198207079005 I i "'~,:,,,o'' ::i .,itS> I ssa· 03' wE 20.01 • I ~ 9 10 16 15 NOO" 26' 21'W 20.01' P.O.B. wl,> I ,¥1'"" I I S01"56'54"W i SOO' 25' 21 'E 18.52' I 8.00' I No1· ss· 54., SB8'03'06c I e.50' 20.ir 12!1.00' 214.30' NE. 4TH STREET S88'03'06"E 45.00' saa'o:,o "6"""'Ec---- S00"16'47"E 2.00' I I r:P.O.C I I ; I I I ~ I I I $, .,._,-... I #. .,r./}' I I ~'I,:;.<' I ~ ..._y I I I l, I I \ I I \ ;(flZ,====="'Xl>. ----_j I \ \ I I I Parametrlx 0~ BO 1·= so· -··----~---·. ---·· I I I I \ _ I I r ,---------, LEGEND NEW RIGHT-OF-WAY ACQUJSmON ------ PARCEL LINE EXISTING ROW 1084-SJ. MORE OR U:SS AREA P.0.8.=POltll or BEGINHING P.0.C.cPOINT OF COl,iUENCEMEIH EXHIBITS TPN 1023059132 PROJECT PARCEL J ROW ACQUISITION RECEIPT EG00018541 BILLING CONT ACT Mat Bergman BCRA 2106 PACIFIC AVE, 300 TACOMA, WA 98402 REFERENCE NUMBER FEE NAME LUA14-000083 PLAN -Environmental Review PLAN -Site Plan Review -Admin Technology Fee Printed On: 1124/2014 Prepared By: Rocale Timmons TRANSACTION TYPE Fee Payment Fee Payment Fee Payment Transaction Date: January 24, 2014 PAYMENT METHOD k:;heck #602055 Check #602oss k::heck #602055 SUB TOTAL TOTAL AMOUNT PAID $1,000.00 $1,000.00 $60.00 $2,060.00 $2,060.00 Page 1 of 1