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HomeMy WebLinkAboutLUA-05-043DEVELOPMENT PlANNING CITY OF RENTON Lawyers Title Agency of Washington APR 182005 Eastside Title Unit RECEIVED Shawna R. Cruikshank, Sr. Title Officer, Unit Manager • Bill Quast, Sr. Title Officer Suzanne Desseau, Title Officer • Joann Leadley, Assistant Title Officer Direct: (425) 283-1420 • Fax: (425) 637-9820 Email: etu@lawyerstitlewa.com 1501 4th Avenue, #308. Seattle, Washington 98101 SCHEDULE A To: Olynco Developement, LLC 1222 Bronson Way N. #100 Renton, Washington 98055 Attn: 1. Effective Date: APRIL 7, 2005 at 8:00 AM 2. Policy Or Policies To Be Issued: ALTA Owner's Policy, (10/17/92) Commercial Rate/Builder Sale Rate ( X ) Standard ( ) Extended Proposed Insured: To Be.Determined (X) ALTA Loan Policy, (10/17/92) Simultaneous Rate () Standard (X) Extended Proposed Insured: To Be Determined Amount: Premium: Amount: Premium: Order Number: 372820 Your Reference: To Be Determined To Be Determined To Be Determined To Be Determined 3. The estate or interest in the land is described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to said estate or interest in said land is at the effective date hereof vested in: Page I 0[9 Order Number: 372820 5. The land referred to in this commitment is described in Exhibit A. Lawyers Title Agency of Washington, Agent for Lawyers Title Insurance Corporation Shawna R. Cruikshank, Sr. Title Officer, Unit Manager Page 2 of9 Order Number: 372820 EXHIBIT A Parcel A: Lots 14 and 15, Block 9, Car Works Addition to Renton, according to the plat thereof recorded in Volume 15 of Plats, page 47, records of King County, Washington; EXCEPT that portion of Lot 15 lying within Bronson Way North; TOGETHER with that portion of Houser Way North, as vacated by City of Renton Ordinance No. 2722 lying between the Easterly productions of the North line of Lot 14 and the North margin of Bronson Way North. Parcel B A 35.0 foot wide strip of land situated in the Northeast quarter of the Northwest quarter and Government Lot 4 of Section 17, Township 23 North, Range 5 East, W.M., in King County, Washington, being a portion of the same property described in deed from Pacific Car & Foundry Company to Pacific Coast Railroad Company dated November 26, 1926, and recorded in Volume 1354 of Deeds, page 8, records of said County, lying between the Westerly margin of the original right of way of the Columbia and Puget Sound Railroad Company's Newcastle Branch, as described in a deed dated February 9, 1885 from Theophilas Brown, recorded in Volume 41 of Deeds, page 294 under Recording Number 13681, records of said County, and the Easterly margin of House Way (formerly Railroad Avenue) vacated by ordinance No. 2722 of the City of Renton, Washington, bounded on the North by the Easterly extension of the North line of Lot 14, Block 9, Car Works Addition to Renton and bounded on the South by the North right of way line of Bronson Way. (Also known as City of Renton File No. LUA-03-102-LLA, recorded December 15, 2003 under recording no. 20031215900013.) End of Schedule A Page 3 or9 Order Number: 372820 SCHEDULEBl I. The following are the requirements to be complied with: A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. B. Proper instrurnent(s) creating the estate or interest to be insured must be executed and duly filed for record. NOTE: Effective January I, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following fonnat and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. FORMAT: Margins to be 3" on top of first page, 1" on sides and bottom, I" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8 y," by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: Title or titles of document. If assignment or reconveyance, reference to auditor's file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter section for unplatted). Assessor's tax parcel number(s). Return address which may appear in the upper left hand 3" top margin. II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. B. Any policy issued pursuant hereto will contain the Exclusions From Coverage and, under Schedule B, the standard exceptions as set forth and identified as to the type of policy on the attached Schedules of Exclusions & Exceptions. End of Schedule BI Page 4 of9 Order Number: 372820 SCHEDULEB2 Special Exceptions: l. Payment ofreal estate excise taxes, if required. The property described herein is situated within the boundaries of local taxing authority of: City of Renton. Present rate of real estate excise tax as of the date herein is 1.78%. 2. General taxes and charges: I" half delinquent May I, if not paid; 2"d half delinquent November I, if not paid. Year: Amount billed: Amount paid: Amount due: Tax account no.: Levy code: Assessed value ofland: Assessed value of improvements: 2005 $4,445.85 $0.00 $4,445.85 135230-0955-0 I 2100 $205,000.00 $169,100.00 3. Liability for supplemental taxes for improvements which have recently been constructed on the land. Land improvements are not presently assessed, but may appear on future rolls. 4. Matters of ALTA extended Owner's coverage which are dependent upon an inspection and a minimum standard ALTA survey of the property for determination of insurability. THE RESULTS OF SAID INSPECTION WILL BE FURNISHED BY SUPPLEMENTAL REPORT. PLEASE SUBMIt A COpy OF SAID SURVEY AT YOUR EARLIEST CONVENIENCE FOR REVIEW. 5. Informational Note: The legal description in this commitment is based upon infonnation provided with the application for title insurance and the public records as defined in the policy to issue. The parties to the forthcoming transaction must notify the title insurance company, prior to closing, if the description does not conform to their expectations. 6. Informational Note: A search of the adjacent property ownership has been made and we find nO adjacent properties that are also owned by the seller. 7. Deed of Trust and the terms and conditions thereof: Grantor: Olynco Development, LLC, a Washington Limited Liability Company Trustee: Valley Community Bancshares Inc. Beneficiary: Valley Bank Original amount: $412,000.00 plus interest and penalties, if any Dated: January 2, 2004 Recorded: January 8, 2004 Recording No.: 20040 I 08002491 Page 5 of9 Order Number: 372820 8. Deed of Trust and the tenns and conditions thereof: Grantor: Olynco Development, LLC, a Washington Limited Liability Company Trustee: Valley Community Bancshares Inc. Beneficiary: Valley Bank Original amount: $115,697.14 plus interest and penalties, if any Dated: January 2, 2004 Recorded: January 2, 2004 Recording No.: 20040108002492 9. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon the land; and rights of tenants to remove trade fixtures at the expiration of the tenn. 10. Title will be vested in parties yet undisclosed. When title is vested, their title will be subject to matters of record against their names. II. Reservations contained in deed recorded under Recording No. 477920. 12. Reservations contained in deed recorded under Recording No. 662563. 13. Easement and the tenns and conditions thereof: Grantee: Municipality of Metropolitan Seattle Purpose: Sewer line Area affected: Portion of Parcel B Recorded: November 28, 1962 Recording No.: 5512396 14. Easement and the tenns and conditions thereof as disclosed by City of Renton Ordinance: Recorded: September 8, 1972 Recording No. 7209080615 Grantee: City of Renton Purpose: Utility Area affected: The legal description contained in said easement is not sufficient to de(ennine its exact location within said premises. 15. Easement and the terms and conditions thereof: Grantee: City of Renton Purpose: Water utility line Area affected: Portion of Parcel B Recorded: March 18, 1991 Recording No.: 9103181696 16. Easement and the terms and conditions thereof as disclosed by Quit Claim Deed: Recorded: April 14, 2000 Recording No. 20000414001304 Purpose: Railroad Area affected: Portion of Parcel B 17. Tenns and conditions of an Act of Congress approved July 2, 1864 (the Northern Pacific Land Grant Act of 1864) providing for the construction and maintenance of a continuous railroad from Lake Superior to Puget Sound. Page 6 0[9 Order Number: 372820 , 18. Any unrecorded pennits, licenses, easements and agreements entered into by Burlington Northern Railway Company, or its predecessors in interest, pertaining to the use of the right of way by other parties for water, sewer and electric lines, private and public roads and railroad crossings. 19. Any law, ordinance or governmental regulation, (including but not limited to, any requirement of approval, consent, exemption or other action by, notice to, or filing with the Surface Transportation Board<successor to the Interstate Commerce Commission>of the U.S. Department of Transportation, or any public utility commission or other regulatory authority) restricting, regulation, prohibiting or relating to the abandonment, cessation of rail operations or disposition of the land described in Schedule A, or the effect of any violation of or failure to comply with these laws, ordinances or governmental regulations. 20. Any right, title or interest of current or former owners of abutting lands who may hold reversionary rights or underlying fee title to said premises in the event the deeds conveying the property to Northern Pacific Railway Company created only an easement or established reversionary rights, and rights oflien holders on abutting lands based upon any asscrtions that the right of way is encumbered as an appurtenance. 21. Unrecorded Easement for overhead utility line as disclosed by D.R. Strong Consulting Engineers, Inc. drawing no. 03-163.100. Affects Parcel B 22. Reservations and other matters contained in Deed. Recorded: April 14,2000 Recording No.: 20000414001304 23. Alf covenants, conditions or restrictions, all easements or other servitudes, and all reservations, if any, but omitting restrictions, if any, based upon race, color, creed or national origin, disclosed by City of Renton Lot Line Adjustment No. LUA-03-102-LLA recorded under Recording No. 20031215900013. Affidavit of Minor Correction afLot Line Adjustment, and the terms and conditions thereof. Recorded: February 22, 2005 Recording No.: 20050222001038 End of Schedule B2 Page 7 of9 Order Number: 372820 Notes: A. Abbreviated Legal Description: Car Works Add., Lots 14-15, Blk. 9, Ptn ofNW 114 17-23-5 B. Property Address: 108 Factory Avenue N. Renton, Washington 98055 C. Investigation should be made to determine if there are any service, installation, maintenance or construction charges for sewer, water, telephone, gas, electricity or garbage and refuse collection. D. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. E. Unless otherwise reql,lested, the forms of policy to be issued in connection with this commitment will be ALTA 1992 policies, or, in the case of standard lender's coverage, the CLT A Standard Coverage Policy-1990. The Owner's Policy will automatically include the Additional Coverage Endorsement, when applicable, at no additional charge. The Policy committed for or requested may be examined by inquiry at the office which issued the commitment. A specimen copy of the policy form(s) referred to in this commitment will be furnished promptly upon request. Page 8 of9 Order Number: 372820 LA VVYER..S TITLE AGENCY OF VVASHINGTON PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such infonnation -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal infonnation you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal infonnalion. Applicability Depending upon which of OUT services you are utilizing. the types of nonpublic personal infannation that we may collect include: Information we receive from you on applications, Conns and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others, and Information we receive from a consumer reporting agency. Use of Information We request infonnation from you for your own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (I) as necessary for us to provide the product or services you have requested ofus~ or (2) as permitted by law. We may, however, store such information indefinitely. including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers. such as title insurers. property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services. such as appraisal companies, home warranty companies and escrow companies. Furthennore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your infonnation. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that infonnation to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure thai your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal infonnation. Page 9 of9 Order Number: 372820 · . Order No. 372820 Lawyers Title Agency of Washington 2702 Colby Avenue, Everett, WA 98201 t N This sketch is provided without charge, for your infonnation. It is not intended to show all matters related to the property including, but not limited to: area, dimensions, easements, encroachments or location of boundaries. It is not a pat of. nor does it modify, the commitment/policy to which it is attached. The Company asswnes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further infonnation , p~N\NG OE\I%~~~WEtlfON f;.PR' S l~ I?\ECEWED WHEN RECORDED RETURN TO Nelson Legal ServIces, P S 03138N PO Box 217 20040108002490.001 Puyallup, WA 98371 E2012366 !r~;la NGneI (# eel STATUTORY WARRANTY DEED THE GRANTOR JAMES A BUTLBR, a roamed man as Ius separate estate, and DAVID KIMBERLING, a mamed man as Ius separate estate Cor and In consideration oC TEN DOlLARS ($10 00) AND OTHER. GOOD AND V ALUABLB CONSIDERATION In band paid, conveys and warrants to OLYNCO DEVELOPMENT, L L C, a WashlDgton umlled uabllIty Company the following described real estate, situated In the County oC KIng State oC Waablngton: See Exlublt "A" for complete legal descnpbon, wluch IS attacbed hereto and by thIS reference made a part hereof RECORDED fY lAWYERS "ITl"LE AGENCY Tax Parcel #\35230-0955-01 and 172305-9174-00 OF WASRINGTON?-\ . '2 Ft._~ Short Legal Car Works Add To Renton, Lots 14 and IS, ~foCk 9 '7, II (j.,).. _ (:;..- SUBJECT TO Easements, rostnctIons, reservatIons, covenants and condItIons of record and; reservatIons conlamed ID Deeds recorded under Nos 477920 and 662563, easements as recorded under Nos 5512396 and 7209080615 and 9103181696 and 20000414001304, terms and coruhl1ons of an Act of Congress approved July 2, 1864 provuhng for the construcl1on and nuuntenance of a contmuous nulroad from Lake Supenor to Puget Sound, any unrecorded ponmts, hcenses, easements and agroornents entered mto by BurlIngton Northern RaIlway Company, or Its predecessors In IDterest, portaIrung to the use of the ngbt of way by other partIes for water, sewer, and eleetnc lInes, pnva!e and publIc roads and nulroad eroSS1OgB, any law, ordmance or governmental regulabon rostncbngreguIaUon, prolublbng or relal1ng to the abandonmen~ cosaal1on of nuloperal1ons or dIspoSItIon of the land, any ngb~ Utle or mterest of current or fonner owners of abutung lands who may hold reverSlOnsry ngbts or tmderlymg fee btle to S31d prcnuses 10 the event the deeds conveymg the property to Northern PacIfic RaIlway Company created only an easement or establIabed revcrslOnsry ngbts, and ngbts of hen holders on abulbng landa based upon any assertIons thai the ngbt of way IS encumbered as an appurtenance, unrecorded easement for overhead ubhty lIne as dIsclosed by D R Strung Consulbng Engmeers, Inc , drawmg No 03-163 100, reservatIons and other matters as recorded under No 20000414001304, matters set forth by Survey recorded under No 20031215900013 Stale ofWasiungton ) ) County ofP1crce ) 20040108002490.002 55 On tIus 'lf4. day of January, 2004 before me, the unde""gned, a Notary Public In and for the Stale ofWasiungton, duly commIssIoned and sworn personally appeared JAMES A BUfLER and DAVID KIMBERLING to mo known to be the mdlVldual descnbed ID and who executed tho foregomg mstrumeot, and acknowledged to me that they Slgned and sealed the saId mstrument as thOlt frco and voluntary act and deed for the uses and purposes therem meolloned. WITNESS my hand and officllllseal hereto affixed the day and year In !Ius certJ1icate above wntten 't/L1I4<~ Nella R Hawks Notary Public ,n and for tho State of WasIungton, remdmg at Puyallup My colIIIIIISSJon explrOS 312512005 ... , EXHIBIT A PmelA' loIS 14 and IS. Block 9. Cal: Works Addtttonto Renton. aceordmglO the pial thereofmorded m Volume IS ofP1aIs, page 47, recm'ds ofKmgCounty. Wasbmgton; EXCEPT thai porI1on ofLollS Iymg Wltbm Bronson Way Nortb. 20040108002490.003 TOGE1lIEP. wuh thai portlon ofHousa Way Nortb. as V1ICitW by Clty of Renton Ordinance No. 2722 Iymg betweeu the Easterly produCIIOllS of the North Ime ofLol14 and the North margm of Bronson Way North PmelB A JS 0 fool Md. stnp of land Sltuatcd m the Northeas! quanti' of the Northwest quarter and GOvcrntneJ:1 , , Lol4 ofSecltou 17. Town.Wp 23 North, RJngeS East. WM. mKmgCounty. Washmston. bemg. portion of the sat!< property des.."IIbcd m dud from PaCific Car oS: Foundry Company to Paclnc Co.s. Railroad Compauydaled Novomber 26.1926, and recorded m Volume 1354 of Deeds. page 8, neorda of sud County.lymg betweeu the Westerly margm of the ongutal nght of way of the Columba and Pugo! Sound RaIlroad Company's Newcastle Brancb. as destnbcd m a deed dated Februaty 9. 1885 from Thcopbtlas BIO"'lI. recorded m Volume 41 ofOeeds.1lage 294 undaRecordmg Number tJ681 records of md Count). and the Easterly margm of House Way (formerly RaIlroad Alen .. ) vacated by ordinance No 2722 of the CIty ofRenlon. Washmgton. boundeo 01' the North by the Easterly exteDSlon oi IlIC Nom bru: ofLo!14. Block 9. Car Works AddJbon to Renton and bounded on Lie South by the ~o:t't nght of way bnc of Bronson Way (Also bOWD as CIty ofRcnlon F~e No LUA.o3·102-LL ~ recorded December IS 2003 W1dcr reconbng no 20031215900013) End of Schedule A .. _--- .. ' RETURN ADDRESS: VALLEY BANK MAlNOFFICE 1307 EAST MAIN PO BOX &71 PUYAI.LUP, WA 98371 DAlE' January 2, 2004 DEED OF TRUST Reference II (If applicable). 2019:-603154 Grantor(s) 1 Olynco Development, L L C Grantee(s) 1 VALLEY BANK 2 VALLEY COMMUNITY BANCSHARES INC, Trustee Legal Descnptlon' Car Works Add. to Renton, Lots 14 & 15, Blk 9 Assessor's Tax Parce/IOII-135230-0955-01 & 172305-9174-00 20040108002491.0l Additional on page _ Additional on page 2 THIS DEED OF TRUST 18' dated January 2, 2004, among Olynco Development, LLC., a washington limited Liability Company, whose· addreaa 18 1&55 Anacortes Ave NE, IIA-302, Renton, WA 98059 ("Grantor"); VALLEY BANK,whose madlng addreae 18 MAIN OFFICE, 1307 EAST MAiN, PO BOX 678, PUYALLUP, WA 98371 (raferred to below aometImea 88 "Lender" and aornethnea aa "Beneficiary"); and VALLEY COMMUNITY BANCSHARES INC.. whose . man.ng addrasa Ia 1307 Eaat MaIn, Puyallup, WA 98372 (raterrad to below aa "Trustee"). Loan No' 2019-201728 DEED OF TRUST (Continued) Page 2 CONVEYANCE AND GRANT For val.ablo con .. derabon. Otan ..... conveys 10 Trustee on lruot wnh power 01 sale. nghl 01 enlry and posseSBIOI'I and lOr tho benelll 01 Lender os BeneflcI8lY. o. 01 GlllI1tor's nghl. btIe, and m_,n and 10 lhe IoIIowong descnbed raal properly. Iogelher With all elIISIIng or subsequenUy _ or alfoxed blll"'nga, IInprovsments and IoxIures. all easements. nghts 01 wsY. and sppoxtenancas. an waler. weier nghts and ditch nghls (Including stock on _ Wllh ditch or omgallon nghls~ and an olher nghts. royaHJes. and proflls relab"lli!' Ihe real prpperIy. IncluQ!ng Wllhoulllmolaloon alll'lneraIs. Oil, gas, geoIhermaI and IImilat maII8rs. (the "Real Pl'Clpany-) located 1n King County, Slate of Washington: See SEE EXHIBIT "A",. which IS attached to thla Deed of Trust and made a part of thiS Deed of Trust as If fully set forth herein. The Real Property or Its addresa IS CC)lllmonly known 88 108 Factory Ave N, Renton, WA 98059. The Real Property tax ldenbflcabon number IS 135230-0955-01 & 1~9174-00 Granlor hereby _ns as secunly 10 Lend .... aD of Granlor's nghl. bile, and on_,n and 10 alilaases. RenIs, and profIIs 01 Ihe Properly Thos assognmenl IS nocordsd on accordanca WIllI RCW 65 08 070, Ihe lien cteated by Ills assognmanlos InIendsd to ba speCIfIc. perfactad and ehoala upon Iha racordIng 01 this Deed 01 Tnost Lender granls 10 Granlor a tocense to coIIocI Iho Renls and prolo1s. which llcensa may ba revoksd at Lender's opbon and shaD ba auiomabcaDy revoked upon accoIerabon of all or part ollhe Indsbtednoss THIS DEED OF TRUST. INQ.UDtNG THE ASSIGNMeNT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT DF THE INOE8TEONES8 AND (8) PERFORMANCE OF ANY AND AU. OBLIGATIONS UNDER THE NOTE, THE RaATED DOCUMENTS, AND THIS DEED OF TRUST THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS PAYMENT AND PERFORMANCE Elo:opt as otherWlSa provided on thIS Deed of Trust, GranIor shaD pay to Lender all amounls secured by thIS Deed 01 Trust as lhay bacoma due. and shan slnclly and In a bmely manner perform an 01 Grantor's obhgabons under Ihs Nota, thIS Deed 01 Trust, and Iha _ Documents POSSESSION AND MAINTENANCE OF THE PROPERTY Granlor agraos that Grantor's possassoon and usa of Ihe PropOOy shan ba governed by the loIIowmg prOVISIOnS ZOO· ~6tZOOBO ~OtOOZ Pos"psmon and Use Unhllhe occurrence of an Evanl of Defaull. Granlor may (1) remaon In possasmon and conlrol 01 lho Property. (2) usa. operata or manags lho Properly. and (3) collecllhe Ranis !rom Iha PropOOy (thIS prMIege IS a license Irom Lender 10 Granlor aulomatooally "",""ad upon defaull) The followong provosoons relate 10 Ihs usa c11he PropeI1y or 10 other _oros on the Properly The RasI Properly IS not used PflllClpaJIy tor agncullural purposes Duty 10 Maonlam Granlor shall maonlaon Ihe Property on lansnlable condibon and promptly perform all _ replacements, and malnlBnsnce nocosssry 10 preserva lis value COmpilanco With Envm>nmenlal LaWs Grantor rapresents and wananls to L....-thal (1) Duong Iho penod of Grantor's ownership 01 Ihs Property. thera has basn no usa, genambon, manufactu18, sloraga, treatmen~ dlSPossI. _ or thraalensd I8Ieasa 01 any Hazardous Subslancs by any person on. under. about or !rom Ihe Property. (2) Granlor has no knowtedgs 01, or raeson 10 bell8V8 thai Ihsre has been. oxcspI as prevoousIy dlSClosad 10 and acknoWIedgad by Lender In wnbng. (a) any bfeach or lIIoIatIon of any EnwonmontaJ Laws, (b) any usa, genorabon. manufacture, storage. treatment. dosposaJ. release or Ihraalensd ........ 01 any Hazardous SUbsIancs on, under, about or Irom Ihe Properly by any pnor owners or occupants of Ihs Properly. or (e) any """"" or _ libgatoon or claims 01 any land by any person relabng 10 such malian!, and (3) Elo:opt as praIII®SIy _ to and acknowledged by Lender .n wnbng, (a) _ Grantor nor any tenanl, con~aotor. agent or other authonmd user 0I1ho Properly shaD usa. generate. manufacture. store, Iraa~ dispose 01 or raIeasa any Hazardous Subslsnce on. under, about or from Ihe Properly. and (b) any such acIMly shaD ba conducted on compliance WIllI all sppIcabIe federal, stale, and local laws. regulabons and ordonancBs. Including WlIhoUI hmotallon aI Enwonmenlal Lews Granlor 8uthonzes Lender and ota agenls to anlor upon Iho PropOOy to make such Inspocbons and tssts. al GranIor's expensa. as Lender may daem appropnala 10 delermlns compbancs c11ho Property WIllI this secIIon ot Ihe Deed ot Trust Any Inspechoros or tests made by Lender shall ba tor Lender's purposes onl)' and shall not ba eonslrusd 10 creala any rssponsrblhl)' or ioabjll)' on lhe part 01 Londet 10 Grantor or 10 any other person The reprssentabons and warranbss contamad hereon are baSad on Grantor's dUB cilogenca In Invasbgabng Iha Property tor Hazardous SUbslancss Granlor hsI8by (I) releaseS and W&lves any lUIum cIauns _nst Lendar for Indamnoty or coninbubcn m the evanl Grantor bocomss """" for cleanup or other costs under any such laws. and (2) agr_ to Indsmruly and .-hsnnIess Lender _nat any and al claims, 1_. ilablhloes, damages, penalbss, and _ which Lender may dll8CIly or IndInIcIIy suslaIn or BUller reouIImg from a bresch 0111us sectoon ot Ihe Deed 01 Trust or as a consaquencs 01 any usa, gensrallon, manulactul8. slorago, dlspossl. relaese or Ihraalaned raloasa occumng pOOl' to Granlor's ownership or Interast In Iho Property, whalher or not Iho sarna was or should haw been known to Grantor Tho prO\llSlOns of Ihos seeton of lhe Deed 01 Trust, Including Ihs obhgahon to rndamnrty, shal SI.nIV8 the payment of the Indebtedness and the satlsfacbon and reconveyance of the hen .. Loan No: 2019-201728 DEED OF TRUST (Continued) ~0U401 08002491.00 Page 3 01 """ Deed 01 Trust and shall not be afleeted by Lender's acqUlSlllon 01 any ,_ on the Property. w_ by loraclosuta or ~ Nw8lflCa, Waste Granta'shall noI cause. conduct or pannd any nUlSal1C8 nor comnut, pernut, or suffer any sII1ppIng 01 or waste on or to the Proparty or any porllon 01 the Properly Wdhout bmItong lhe generality 01 the loregoong. Grantor W1I nol remow, or gnlI1I to any othet par1y the nght 10 remOll8. any bmber. ml"""'ls (mcludlng 011 and gas~ coal, clay. scone. sod, gravel or rod< ptIIducts WIthout Lender'a pnor wnllen consent Removal ollmprovemenla. Granlor shall nor demolish or temOII8 any I~ from the RaaI Property WIthout Lender's pnor wnIIen consent NJ a condlbon to the I8moval 01 any ImptOll8m8l1lB, Lender may reqlll8 Grenlor 10 make anangemenla sallslaclorytolenderlo raplaceSUCh Improyemenla WIth Improvemenls oIal_equal value Lender's RIght to Enter Lender and Lender's agenls and represenla ...... may enter upon the Real Properly al all reasonable bmes to _ 10 Lendor'a ._fa and to onspect the RoaJ Properly for PllPOSes 01 Grenier's compbanoo WIth the terms and _ 0111118 Deed 01 Trus1 CompIIIIIIC8 WIth Governmental Raquuement8 Granlor shall promp1ly comply. and shell promplly cause compIoanoo by all agents, fananfa or othet poIlIOns or enlol1as 01 rrvery naIlJn> __ who 111111, lease or _ use or occupy the PrQp8l1y .n any manner. WIIh all laws. ordinances, and regulahons, now or _liar .n eI/ecI, 01 aI govammenlal aulhonl1oa appbcable to !he use or cocuponcy 01 the Properly •• ncludlng WIIhouI bmrtabon, !he Amoncans WIIh DIS8b1Id1as Act Granlor may conlast on good fallh any such law. ordmanca. or ragulabon and WIthhold compbanoe dunng any prcooed'ng. 1I1CIud1ng appropnalo _Is, so long as GranIor has nol1f1ad Lender .. wnIong pnor 10 doong so and eo long eo. In Lender's sole _. Lendor'a on_ on !he Properly al8 not fGopardaIad lender may reqlll8 Granlor to pool adequate sacunly or a suraly bond. reasonably salosfaclory 10 Lender. 10 protecI Lendor'a ,nterest Duty to ProtocI Granlor _ ... thor to abandon or lesve unaltended the Properly Grantor shall do aU other BOla. ,n add,bon 10 those aoIa set IaIh above .n thIS socbon. whoch from !he _ and use 0I1he Property are masonably neoessary 10 protect and _ the Property TAXES AND LIENS The folloWIng prCMS1Ol1S l8iaf1ng 10 the faxes and hens on Ihe PrOperly are part 0111118 Deed 01 Trusl PaymenI Granlor shell pay when due (and m an events pnor 10 dal1l1quency) all faxes. specoaIlaxss, assessmon'" chaIgao (mclud.ng wafer and _~ Imes and ompOS1l1ons _ agamsI or on account oIlhe Property. and shell pay when due at ...... lor work done on or lor SOMOOS _ or malllnaJ Iumoshed 10 Ihe Property Granlor shell ITIIU ..... the Properly free 01 aI loons haW1g pnonty over or equal to lhe .nteresI 01 Lender under lias Deed 01 Trust, exoopt lor !he len, of Iaxes and assessmanla not due. e>a:ept lor the E'lastIng Indsbtedness IIIfa<red to below. and exoopt as ~ prO\llded .n thIS Deed 01 Trusl R'ghl 10 ~ Granlor may Wlthhotd payment 01 any lax ............ nt. or claim .. connscl1on WIth a good fallll dISPute over tho oblIgallon 10 pay. so long as Lender's Interest.n the Properly IS nol JOOpard12lOd If a lien anses or IS I1lod as a result of nonpayment, Goenlor shall w1Ihon ~Iteen (15) deys allar tho lion anses or. ~ a ken IS filed. WIIhIn ftftaen (15) days afIor Granlor has noIoos 01 the ftllng. SOOUI8 tha dIScharge 01 !he lien. or ~ requested by Lend .... dopOSll WIth Lender cash or a sufllc1ant C01"p0I8fe surety bond or othet socunly 8abslacIory 10 Lender .n an amount sUfl1c1onl 10 dISCharge Ihe lien pius any costs and allorneys' fees, or oIher cherges thai coUld accrue as a mull 01 a lorecIosuoe or sale und ... 1he loen In any contest. GranIor shan doland _ and Lender and shell sabsly any adverse JUdgment before 8I,fOiObiil6nt against the Properly Grantor shaD name Lender as an aCldlbonaJ obltgae under any surety bond 'lJI"ftIShed ,n lhe contest proceedings EvIdence 01 PIIYJII8II1 Granlor shall upon demand IUrnlSh to Lender sal1SfacIoIy OYIdonca 01 payment 01 the Iaxea or ........ menla and sheD aulhonze tho appropnala gOll8lt1manial oIIIcoaI to _10 Lender at any bme a wntten slatement 01 the faxes and _ossmanla agamsI !he Properly NoUceof Con8lrucbon Grantor shell noIIIy lender at least IrDean (15) doVS before any work IS oommoncad, any S8IY1COS 818 _. or any mstenats are supplied to tho Properly. ~ any mech&n1C's 1Ian. malenatmon's hen. or oIher hen could be essarted on aa:ount oItha work. _s. or ma_1s Grantor W1I upon oequest 01 Lender fum1sh to lender advanos assuranoes 8abslacIory 10 Lender that GranIor csn and WIll pay !he cost 01 such 'mprovements PROPERTY DAMAGE INSURANCE TIle follOWIng _IOns I81abng 10 'nsunIIg the Properly 818 a part oIlhIS Deed of Trust MllfnfenllllCe 01 Insurance Granlor shall ptOCUI8 and II181n1a,n pobores of .... onsurance WIth standard 8>CIendod coverage andorsamonts on a replacement basIS lor the IuD ._ value covenng 81 Improvamenla on lhe RoaJ PrQp8I1y .n an amount suII1aent 10 avad appbca\1On of any cOUIIuranee clause. and WIth a standard mortgagee clause .n favor 01 Lender Granlor.haI also procura and IT1IUnIa1n compre/1ensMl gonerat llabdlly 1I1SIKanca .. SUCh coverage amounfa as lender may request Wllh Truslos and Lender b81ng named as addltlonai.nsuoeds .n such babddy _ pollClOS Add1f1ona11y. Granlor shell 1I181nlaln such oIher onsurance, mcludIng but not _mllod 10 ha2Brd. bUSIness ,nlerrupflon, and bo1fer .nsuranoa, as Lender may ressonably req.... PolICIes shell be wnlten .n form. amounla. coverages and basIS l88SonabIy acoopIable 10 Lender and oSsued by a company or COII1fl8IWIS reasonably acooptable to lender Granlor. upon oequest 01 lender. w~ _ 10 lendor from bma 10 bme lhe pohcoes or _ oI,nsuranoo Loan No. 2019-201728 DEED OF TRUST (Continued) Page 4 In lorm sallsfactOf'/ to Lender. Inctudlng sllputabonS that 00_ wdI not be cancelled or dImomshed WIthout at least tan (10) days pnor wnllen nollce to Lender Each Insurance pdIay also shell Include an .nd ..... m.nt PrcMdlng 11181 coverage In tall()( of Lender WI. not be Impeontd In any way by any act, omtSSIOn or dalautt of Grantor or any other P8l1lOl1 ShOUd the Raat Proparty be located In an 8IIIfI dastgnated by the DIrector 01 the F.deraI Emergency Management /'qet1I:ff as a specoat Dood haZard area, Granier agrees to obtatn and II18Inlatn Federsl Flood tnsurance, d avaotable, wothn 45 days after noI>ce IS gown by Lendor thatll1e Prcperty IS IocaIad In a specI8I flood haZard area, lor tha tuD unp8ld pnncopal balance of tha loan and any pnor harts on II1e ptoperty secunng the loan, up to tha maxomum polICY brnots sat under the NabOnat Flood Insurance Program, or as olhatwlse reqlllBd by Lender, and to malntsln such Insurance tor th. term 01 the toen Appltcalton Of Pnoceed8. Granlor shaD promplly noItIy Lender 01 any toss or damage to the Property Lender may make proof of loss d Grantor lads 10 do 80 Wllhon flflllen (15) days 01 the casually _or or not LencIar's secunIy IS ImpalI"ed, Lender may, at Lendar's _, """""" and ralatn the proceeds 01 any mstJranoe and apply the proceeds to the reducbOn 01 the Indebtedness. paymanl 01 any hen alfacbng the Prcperty, or II1e rastorabon and _ of lhe Property "Lender eteots to apply II1e ptoceeds to _bon and repaor, Grantor ohal _ or raprace tha damaged or deslroysd Improvements In a manner sabsIacIory to Lendar Lender shall, upon sallsfactory proof 01 such expendJlure. payor I8Irnburse Grantor from II1e proceeds lor lho reasonable cost 01 repaor or rastorabon d Grantor IS not orl dalautl under IhlS Deed of Trust Arrf proceeds whICh haVe no! bean disbursed Wltlun 1 eo days aftet their ~I and wtuch Lander has no! commtlted 10 lhe repatt or rastorabOn 01 tho Property shaD be usad IIr8I to pay any amount OWIng to Lander under IIlIs Deed 01 Trust. then to pay accrued ,_, and lhe narnBlndor, d any, shaD be applied to II1e pnncopal balance oIlhe Indebtedness ~ Lendor holds any ptoceeds artar paymant on tun oIlho Indebladness, such proceeds snatl be pllld wrthout Interest to Grantor as Grantm Interests may appear Grantor's Report on Insurance Upon request or Lendar, _ not mora than once a year, Grantor wi turmsh to Lender a raport on aach """"'ng polocy 0I1nsU"8I1C8 shoWIng (1) II1e nama 01 tho Insurer, (2) the nsks Insunad, (3) lhe amount ot the polocy, (4) the property Insured, the then CI#r8I1t rapfaoament va/Ua 0/ such ptoperty, and the manner of dalarmlmng lhat val .... and (5) II1e IIICI>frabon dais ofll1e policy Gra_ shan, upon request 01 Lender, haw an Indepandent appraoser sallslactcry to Lender datemrne the cash vaIua repIaoament cost of the Prcperty LENDER'S EXPENDITURES "any acbOn or proceeding IS oommenced that would matanaBy atreot Lender's Intarest In the property or If Grantor taIls to oompty wrth any ptOWOOfI orlllls Deed at Trust or any AeJaIad Documerns. oncIUCImg but no! hmolsd to Grantor'sl!ulura to discharge or pay when due any amounts Granier IS requuad to discharge or pay under 111m Deed 01 Trust or any Relalad Documents, lender on Grantor's behall may (but shaI not be obIIgalad to) lake any acbon that Lender deems apprOptlSls, Including but not limolad 10 doscharglng or payong an _ bans, secunIy onlanlsts, encumbrances and other clal""', a! any bme leVIed or plaoed on tho Proparly and payong all oosts for msunng, """ntal",ng and presarvong the Property AD such expandllUras IncU"red or paid by Landor lor such purposes WIll II1en bear mterest at the rata chalved under the Nols from the date Incurred or p8Id by Lender to the date at rapayment by Grantor All such expenses wdI become a part 01 the Indabledness and, at Lendet's opbon, w~ (AI be paysble on demand, (8) be added to the balance 01 the Note and be appolltOned among and be paysble wdh any InstaDment paymanta 10 baoome due dunng _ (1) the letm at any applocable Insurance polocy, or (2) the r.maomng term 0I111e Note, or (C) be frealsd as 8 balloon payment which WIll be due and payable at the Nota's malunty The Dead of Trust also Wli secure payment or these amounts SUch nght shal be on addlbon 10 an other roghts and ",mad ... to whlOh Lender mey bo enbtled upon Default WARRANTY, DEFENSE OF TIne. The _ng provISIOns retabng to ownarshop of the Property era a pari 01 thIS Deed of Trust TIUe Grantor warrants that (a) Grantor holds good and marke!able hlle of record to II1e Property on faa Slnopla, _ and clear of all bens and ancumblances othar lhon !hose sat IorIh on II1e Real Property descnptton or In any blla Insurance polocy, bile raport, or hnal bile op'nion _ In fall()( 01, and ac:cepIed by, Lender In oonnecbOn wrth IhIS Deed 01 Trus~ and (b) Grantor has the Iutf ngh~ _, and authonly to axeoute and daf ...... ttus Deed 01 Trust to Lender Delense 01 TItle Subject to the _bon In tho paragraph above, Grantor W8tl8nts and wtI _ defend the blla to the Property agaonslthe laWfUl claims 01 an persons In the .,.,nl any actIOn or procaedlng IS oommenced that quesbOna Grantor's bIIa or the Interest at Trustaa or Lender under thts Deed 01 Trusl. Grantor shall daland the acbon a! Grantor's expensa Grantor may ba II1e normnat party In Such ptocaedtng, but Lendor shaD be enblted to palltcopals In the procaedlng and to ba represenlad on II1e proceedtng by counsat 01 Lendat's own chOIce, and Grantor wtI _, or causa to be _, to Lender such Instrumenls as Lender may request ~om bm. to hme to parrmt suchparllctpabon Comploanc:e WIth LoIW. Grantor warrants II1et tha Proparly and Grantor's usa ofll1e Property oomples wrth aD exosbng apploceble laws. ordInances, and regulabons at govarnmentalauthonbos . SUrvlVa! 01 Representation. and Warrant,es AI r&prasentabons. warranles, and agreements moda by Grantor In !Ius Deed of Trust shall 6UMVe the execubOn and delivery of this Deed of Trust. shal be contmuang In nature, and shall remaon In fuD force and effect unbl such hmo .. Grantor's Indebtadness shall be pllld In Iutf CONDEMNATION The follOWing provoslOns rersbng to condomnaiton proceedIngs era a part oIlh1S Deed at Trusl ProceedIngs "any proceeding In condemnabOn IS hied, Grantor shaI promplly nobfy Lander In wnbng, and Grantor .. Loan No: 2019-201728 DEED OF TRUST (Continued) 20040108002491.OC PageS $hal promplly lake such slaps as may be necessary to defend the action and obtain the award Grantor may be the IlOnunal party In such proceedmg, but lender shall be enIJ1Ied to parlJapafe In the pJOCOOdlng and to be rapJ8S8nted In the proc:eedJng by counsel ollis own choJoe .. at Grentor's expense, end Grentor WIll del.." or cause to be _ to Lender such IIISIruments and docUmentabon as may be requested by Lender from bme to bme to parnut such panapabon Appllcalion 01 Net "-ds K all or any part 01 the property IS condemned by 8llllnent domalJll>fC)CIIedJngs or by any' proceeding or pwchase In lieu 01 condemnsbon, Lendar may at lis _ reqUie lllat aU or any porbon 01 the net pn">II8ds 01 the award be appfJ8d to ilia Indebtedness or the repaJI" or restorabon 01 the Property The nat pI_ 01 the award shall mean the award altar payment 01 .. reasonsble costs, expenses, and attorneys' _ 1II0UJ18d by Trustee or Lender In oonneotJon WIth the oondomnsbon IMPOSITION OF TAXES, FEES ANO CHARGES BY GOVERNMENTAL AUTIfORITlES The lcIIowmg proYISlOJJ8 retabng 10 _mental _,lees and chatgea are a part oflhls Dead 01 TrusI CUrrent Taxes, Fees and Charges. Upon mquesl by Lendar, Grantor shaD execu18 such documenta In addlbon 10 thIS Deed 01 Trust and lake whalever oIhar action IS mquested by lender to perfect and oonbnue Lender's hen on Ihe Real Property Grantor shaD I8Jmblll1l8 Lendar tor .. taxas, as descllled below, Iog8thar WI1I1 aI _sas _ In recording, p8Jfacbng or conbnUlng IhI8 Dead 01 Trust, Including wrthout ~mJlatJon aD taxas, lees, docUmentaJy stamps, and _ charges lor recording or ragJStenng Ills Deed 01 TrusI Taxes The IoIIowJng shall consbluf8 _ to which IhIS """""" applJ8S (1) a spacJIJc tax upon thIS Iype 01 Deed 01 Trust or upon AI or any part 0I1he I_........ad by thIS Dead 01 Trust, (2) a specJfJc tax on Grenlor wluch Grantor IS aut_ or reqUll8d to daduct from peyments on the Indebtedness secured by IhI8 Iype 01 Deed 01 Trus~ (3) a tax on this type 01 Dead 01 Trust chargeable against the Lendar or the holder 01 the Nota, and (4) a ap ... '" tax on .. or any porbcn 01 the tndebtedness or on peymants 01 pnl1Clpel and Interest mada by Grentor SUbeequent Taxea If any tax to whICh lI.s sec:bon appl .... IS enacted Sllbsequanllo the date 01 thIS Deed 01 Trust, this IIII8f"d shaD have the same _ as an Evon! 01 DefaUlt, and Lendar may exertJse any or aD of lis aV8ilable remedies lor an Evon! 01 Default aa PrtMdad below unless Granlor eJlhar (1) pays the tax before rt becomes delJnq~ or (2) ....-Ihe tax as prOVIded abO\l8 In the Taxas and liens sactJon and d9posJts wrth lender cash or a suffleJent eotparata surety bond or _ secunty salJslaotcry 10 Lender SECURITY AGREEMENT; FINANCING STATEMENTS The IoIIowJng proIIJSJOJ1S retabng 10 thIS Deed 01 Trust as a sec:unty -"""" are a part 01 thIS Dead 01 TrusI SecutHy Agreement' TINs Instrument shall oonstrtuta a Sec:urrtY Agreement to Ihe extent any 01 the Properly c:onsbtutes _, and Lendar shaJf have all 0I1he nghts oIa ...... d party undar the U .. torm Cornmercoal Coda as amendad from bme to bme SecutHy Interest. Upon request by Lendar, Grantor shan exacuta IJnancJng Blatamenta and lake whaIevor oIhar action IS requestad by Lendar to perfect and conbnua Lander's seounly ,nterest In the Rents and PorsonaJ Property In a_on to recording tIvIJ Deed 01 Trust m the realprcper1y reoords, Landar may, al any bme and wrthoullurlhar authonzabon from Grantor, bta executad counterparts, copJ88 or raproducbons 01 thIS Deed 01 Trust as a tnsnang Blatamenl Grenter shaD ""mb ..... Lender lor aD expenses 1ncuJ18d In perfecbng or conbnUlng IIJIs sacunty Interest Upon defaul~ Grantor _ not remO\l8, .-er detach the _naI f'rl>peI1y from the f'rl>peI1y Upon _un, Greirtor ohaJI _ T'oto any P8Jsonal Property not affixed 10 the Property m a manner and ata ptace reasonably c"",,,,",en! to _ and LencIer -and make rt avaJlab/e to Lender wrthlll three (3) deys attar _, 01_ dornand from lender to the ex!ent pormrtted by applicable law Addreaaes The martlng addlessaa 01 Grantor (debtor) end Lendar (secured party) from which Intermabon concarrung the seounty JnteresI granted by thIS Dead 01 Trust may be obtained (aach as mqUll8d by the lJnJIorm CornmerCJ81 Code) are as slated on the IJtSt page 01 thIS Deed 01 Trust FURTHER ASSURANCES, ATTORNEY-I_ACT The 1cII000ng pt"CMSJons I8labng 10 lurlher _ and aftomey..Jn-facI are a part oflhlS Deed 01 Trust Further A8sunInces At any bme, end from bme to bme, upon mquest 01 Lendar, Grantor WlI make, 8X8CUIe end _, or will cause 10 be mado, executed or detMOrad, 10 Lender or 10 l.ander's designee, end when req_ by Lendar, cause 10 be tied, recorded, reIIIad, or """"",ded, as the case may be, at such bmes and III S1lCh offices and places as Landar may deem apprepnsta, any and aD such mOt1gages, _ 01 trust, seounty deeds, sec:unty agraaments, bnallClng statemanta, conbnuabon _nls, Insfrumenta 01 IurIher assUfllnce, _las, and _ documents as may, In lhe SOle OpInJCn 01 Leodar, be II808SSBIy er desllable In Order 10 alladuala, complete, perIacI, conbnua, or presarvo (1) Grantor's obIJgabons undar the Note, thIS Dead 01 Trus~ and Ihe Related Documenta, and (2) the liens and secunty Interests creatad by this Dead 01 Trust on the Property. whether now owned or heraaItar acqllr8d by Grantor Unless prohll,rtad by law or Lendar agrees to tha conbaIy In wnbng. Granlor shaft ... mb ..... Lander lor aU costs and expenses Incurred In oonnechon wrth the maUer1I referred 10 In thIS paragraph AHomey-lJ>-Fact. K Gmnlor la,ls 10 do any oIlhe thIngs reteJ18d to In the preceding paregraph, Lendar may do so lor Loan No: 2019-201728 DEED OF TRUST (Continued) Page 6 and In the nama of Grantor and at Grantor's expense For such P ......... Grantor hereby ItIIMlC8bIy appOinis Lender as Grantor's al!ome!'-<n-Iact lor the purpose 01 making. executl"9. delivering. 'hng. recording. and dOing d other things as may be necessary or dGSlIBbIe. In Lender's sole OP"IOn. 10 accompbsh the maltals _ to m the preceding paragraph FUlL PERFORMANCE II Grantor pays aU the Indebledness when due. and othelWlse performs aU the obllgahons Imposed upon Grantor under this Deed of Trust, Lender shd 0lIEICIJIa and cIebVer 10 Trustee a request tor lu8 reconvayance and shaD ""acute and daiMlr 10 Grantor surtable slalemenis 01 lermlnahon of any hnancong statement on file I!\'IdencIng Lender's secunty _ In the Ronls and the I'ef8onal Property Any rl!COl1V8\'llnoe lee shall be paid by Grantor. ~ permitted by applicable law The granlee In any reconvayance may be described .. the "parson or persons IogaIIy antillad thereto". and the ,ecrtaIs In the reconwyance 01 any matters or facts shd be concIUS1V8 proof 01 the truthlUtness of any such matlenl or tecta EVENTS OF DEFAULT Each 0/ the follOWing. al Lender's ophon. shaD consblute an Event 01 Dsrtautl undat this Deed of Trust Payment DefaldL GIBntor lads 10 maka any payment when dua undat the Indabtedness Other DefaUlts Grantor falls 10 comply ~h or to pertorm any oIher IemI, obllgabon, covenant or condlllOn contained In thIS Deed ot Trust or In any of the Related Docurnenls or 10 comply ~ or 10 perform any term, obligation. covenant or condlllon contained In any other agreemant between Lender and Grantor Compbance DeIaUIt FaoI .. a 10 comply with any other IemI, oblogaloon. covenant or condlhon oontalnad In this Deed 01 Trust, Ihe Note or In any 01 the Related Documents H sUCh a faoIure IS ...able and If Grantor has not bean g.-a notooe 01 a blBBCh 01 the same provosoon of thIS Deed 01 Trust Within the precedong _ (12) monlhs, rt may bs cured (and no Event 01 Delautl WIll have occurred) d Grantor. alter Lender sends wntten nohoa damandong C\I'9 01 such fall ... (a) oures the failure ~hln 'fteen (15) days. or (b) II the cure rsquores mora than hlteen (15) days. Immedoately lnotoates slaps sufllcoent to C\I'9 Ihe 1aJI .... and _ contonues and completes an I88IIOnable and nacessary slaps s_ to produce compbanca .. soon .. raosonably precboal DefaUn on Other paymsnts FaoIura of Grantor ~hln the bme ra,u.AId by thIS Deed 01 Trust to make any paymant for talOIS or Insurance, or any other paymsnt necessary to pravant ~Ing 01 or 10 elfact dISCharge of any loen ErMnInmenIaI Dalautt FadUre 01 any party 10 comply with or perform when dUll any lerm. obbgahon. _ or condrtlOn conlaoned In any snwonmenlal.g .... ment .....,ted In connecbon With the Property False Sl8Iemenls Any warranty. representahcn or stalement mada or lurnshed to Lender by Grantor or on Grantor's bsheH under tIoos Deed 01 Trust or the Related Documents IS lalse or mlSleadong In any material 'espeel. either now or al the bme mada or furnoshed or bscomes taIsa or mosIeadlng at any bme_ De_a CoDateraltzabOn ThIS Deed of Trusl or any of Ihe Related Documsnts ceases to bs In lull force and ellect (Inctudong fadura 01 any ooUataral document 10 craate a valid and pe!faCted secunty onteresI or lien) at any bona and tor any raeson Death or InsolVency The dlSSClubon 01 Grantor's (ragardless of whether eIeobon to conhnue IS mada). any member Wllhdraws from the bmrtad liability company. or any other termlnsbon 01 Grantor's ..... tence .. a gOing bUSiness or the death 01 any member. Iha onsotvency 01 Grantor. Iha appoontment of a reosover tor any perl of Grantor's property. any assognment for Ihe baneht 01 oraddors. any type 01 cradoIor Workou~ or Iha oommencemeril 01 any proceeding under any banlauplcy or Insolvency laws by or agarnst Grantor Cred1Ior or ForfeI ...... P_gs Commenoement 01 foreclos..e or _lUre proceedings, _ by Judocoal proceeding. sell-IullP. rap c s, ssoon or any olher method. by any credrtor of Grantor or by any ~menlal agency agelnsl any property secunng Ihe Indebtedness ThIs Includes a gernlShmorrt 01 any of Grantor's accounts, meludong daposoI accounts. wrth Lander However. Ihos Event 01 Dafautt shaD not apply 0/ I/oara .. a good faoIh dlSpule by Grantor .. 10 Ihe vebdoly or I88IIOnablisness of Iha cIaom witch IS Iha bssos of Iha cradoIor or forleoltn proceeding and d GIBnlor gives Lender wnllen nobce of Iha credrtor or _Iura proceadong and daposots ~h Lender mamas or a surety bond tor Iha cradotor or _ura pnooeedmg. In an amount delermned by Lender. In lis sole dosCIeboil. as beong an adsqualll reserve or bond for the dospUIe Bleach 01 Other Agreement Any braBCh by Grantor under Ihe terms 01 any 0_ agreement betWaen Grantor and Lender thai IS no! ramado8d within any graoe penod prOVIded Iheram. Including ~hout brnolahon any _ment co..-.. ng any Indebtedness or ather obIogshon 01 Gra_ to Lender. whether _ng na.v or laler Events Affecbng Guarantor Any of the precec::hng events occUt'S with respect to any Guarantor of any of the Indebtedness or any G_or does or bscomes mcompsient. or revoI<es or dosputsos Ihe vahdoly at. or Ioabmty under. any Guaranty of lhe Indablsdness In the event 01 a death. Lender. at lis ophon. may. but shall no! bs requoAld 10. pornut Ihe Guarantor's estale 10 assume uncondobonaUy tho obIogshons ansmg under Ihe guersnty In a manner sabsfactory to Lender. and, In doing so, cure any Evant of Default Adverse CIlangs. A matenal adverSB change occu"' In Granlor's ~nancoaJ condohon. or Lender beloeves lhe prosPOCt 01 . ' • Loan No: 2019-201728 DEED OF TRUST (Continued) payment Of performance oItha Indebtedness IS Imp8ll9d Insecu~ty. lender., good IadI1 b"""""",1seIf Insecure 20040108002491.00 Page 7 Righi 10 CWe. II such a IadIJra IS Cll'SbIe and d GJantOf has nol been glYBn a nobca 01 a _ 01 the same prlMSIOI1 0I1hIs Deed 01 Trusl WIthin the preceding _ (12) months, II may be cured (and no Event 01 DefauH WID haw oocurmd) d Granlor, after lender _ wn1Ien notice damandlng C\U8 01 such IaJfunJ (a) cures tha "","re wdlun IIftaen (16) days, Of (b) d tha au", raqllres more lhan ~1Iaen (15) days, anmedlalely onlllales steps sufIIcIenI to C\ft the fallura and thereafter oonhnues and oompIeles .. nI8SOfI8bIe and .-sary slaps _10 produce cornploance as soon as reasonably praoIIoaI RIGIfTS AND REMEDIES ON DEFAlLT. II en Ewnt 01 Defaun oootn under IhJS Deed 01 Trus1, al any bme 1_. Trustee or Lende< may -..... eny one or more 01 tha IoIIowmg ngNa and "'_ El801Ion 01 Remed1e8 EIec*on by lender 10 pursue any remedy shaI not exaucle plnllll 01 any other remedy. and en atadIon to make expendllures Of to lake action to parIorm en obbgabon 01 Granlor under this Deed 01 Trust, after Grantor"s _'0 pllf1orm, shaI no! afIeoI LendGr's IIghi to decIaIe a _un and ~ lIB remedies Accelerate 1_ Lender ""'" haw tha nghl al do opbon to decIaIe tha _ Indebtedness Immedla1ely diJe and payable, mcludlng any prepayment penally wtuch Grantor wculd be reqwad 10 pay Forecloaure. With respect to aI at any pM of tha Real PropMy, the Trustee shal hawlhe nghl to """"""" do power of sale and to IDfIICIose by nollOS and sale, and Lender shall haw the nghI to _ by JUdlcIaI Ioreclosure. In _ case In acoordanoe Wllh end 10 tha lui exIanI prOVOdad by appIIoabIe laW UCC Remedoes Wllh ""'fl8OI to aU at any pM of the PGl$onaI PrcperIy, lender shall haw an the ngNa and remedlDS of a SIICUr8d pMy under the Undorm CommerotaI Code Collect Rents lender shal haw tha nghl, wllhout nohoe to Granlor to taka possessoon 01 and managa the Property and ooUecI tha Rents, InCluding amounts pasI diJe and unpaid. and apply Iha net ~ over and aboII8 Lendar's oosIB, agoons/lhe In_ness In furIheranos of IhJS nghl,l.endar mey roquore eny lenant at oIher user 01 tha Property to make payments 01 ",nt or use foes doreclly 10 lender lithe Rents are collected by Lender, then Grantor urevocably deslgnales lender as Grantor"s a1Iorn8y-<n-Iaot to endarsa onsIIuments _ In paymant 1_ In Iha name of GranlOf and to nsgohale the same and ooIIect the ~ Paymerds by lenants at other users 10 Lender In response to lender's demand shaD sallsfy the obllgabons lor whch lho payments are made. whslher at no! any proper grounds lor tha demand _ Lender may """"""" do nghlB under """ subparagraph _ m person, by agent, Of through a r_ AppotnI Recel_ Lender shaD haII8 tha nghI to haw a 18C..-_ted to taka pc"" Sion of an or eny pM 01 tha property, wolh lhe power 10 proIecI and pteS8I\'8 the Property, to operala tha Property preceding at pend,"g !oracIos<.n or sa .... and to collect lhe Rents !rom the property end apply the proceeds. over end aboII8 the coot oIlhe """""""'iItp. agoons/the Indebtednass The r .......... may serII8 WIthout bond d perrndIed by law Lendar's nghI to the appOlntmenl of a """, .... r shsI 8XISI whether at not the apparent value 01 the Property _ the Indebiedness by a subsIBnhai amounl Employment by lender shall nol disqualify a person from S8Mng as a rII08MII" Tenancy or _ II Granlor remains In possessoon oItha Property alter the Property IS sold as ptO\IIded abOll8 or Lender othOrwJS8 beoomes onldled to p ... eSSlon of lhe Property upon _un 01 Gtantor. Granlor shall become a lenant al lu!Ieranoe 01 Lender or the pll"Chaser 01 the PropMy and shaI, or Lender's option, _ (1) pay a reasonable rental lor Iha usa 01 the Property, or (2) vacate the Property Immediately upon the demand of Lender Other Remedies Truslee or Lender shaD haw any _ nghl or remedy provoded .n this Deed of Trust or the NoI8 or bylaw Nolice 01 Sale. lender shal gow Granlor nI8SOfI8bIe nohos 01 the tune end place of any pubic sale 01 the Personal Property or of the hme after whloll eny pnvale sale or oIhsr ,_ dIsposdoon Dlthe Pensonal Property IS to be made ReasonabI8 noIIOS shall moen nOllOS 91118n at least ten (10) deys be!ore Iha bme cllha sale or dlspOOlhon Any sale 01 Iha Psl1lonai Property may be made In ooAlunahon Wlih any sale cllha Real property Sale 01 \lie Ptoperty. To the exlenl pennotIed by applicable law, Grantor hereby W8III8S any and an ligNa to haw the PropMy m8l$haUed In 8X8rClSl1Ig do nghls and remedies. lho Truslee at lender shaI be free 10 sell an or any part 01 the Property together or separately, on one sale or by separate sales lender shaI be enblled to bod at any publJo sale on an or eny portoon 01 the Property AIIomey8' Fa., ElqJensea II lender Insillutas eny sud ... action to on!oroe eny 01 the .... me of this Deed 01 Trust, lender shaI be enlllled to recover such sum as the oo~ may adludga reasonable as aftarneys' foes a! Ina! and upon any _sal WhsIher or no! any ~ aohon IS InvcIII8d, and to the """'"I no! prohibited by law. an reasonable axpensas lender IncUl1i thel In Lender's opmoon are necessary at any bme lor the .,-.. of lis _ at Iha enlcn:ement 0101& nghls shaD beoome a pM 01 the Indebtedness payable on demand and &hal beer Inlerast at the Noll rate from Iha dale ot the expenditure unld "'paod Expenses 00II8I8d by tho. paragraph Include, WIthout _mllahon, howewr subJDCIIo any bmds under applicable law, Lender's attorneys' foes and Lendefslegal expenses, whether or not Loan No: 2019-201728 DEED OF TRUST (Continued) Page B there IS a laWSUIt, Includll1g a1f<lmeYS' fees and expenses for banJuuplcy procoodlngs (oncIudlng oIforts 10 modify Q' vacate any aulomabo stay or InJunebon), appeals, and any antocopated posl-judgment collacbon seMC8S, the cost 01 searching raccrds, obtmmng bUG reports (Including foraoIosura reports1 SIIrVII)'<n' reports, and appraosai lees, trlfa Insurance, and fees for the TrusIee, to Iha axlent pennotted by appbcabfe law Grantor also wolf pay any court costs, In . addition to aD other sums prDVlded by law Rights 01 Truslee Trustaa shall hove aU 0I1ha nghls and du1Ies 01 Landor as set forth In this sectoon POWERS AND OBLIGATfONS OF mUSTEE The following ptOYIS/ons relabng to Ihe powenI and obllgal.ons of Trustee (pursuant to Lander's 1/1S1I'UCIIonS) are part of this Deed 01 Trust POW8lS 01 Trustee fn addition 10 a. powenI of Truslee 8I1SIng as a matter of law, Trustaa shal hove the pow. to take the fIlflow1ng acbons WIth respect to Iha "'-'Y upon Iha wnttan request 01 Lander and Grantor (a) JO.n .n prepanng and Mng a map or plat 01 the Real Property, Includong Iha dedbcabGn of sIr8aIs Q' oIhar nghta 10 the public, (b) Jorn "' granbng any .... ment or creabng any _ on Iha Real Property, and (e) JOIn 111 any subordlnatocn Q' oIhar agreement allacbng this Deed of Trust or Iha 111_ 01 Lander under this Deed 01 Trust Obbgallons to NotIfY Trustee shal nol be obligated to nobly any oIher party 01 a pending sale undar any _ trust dead or ben, or 01 any acbon or proceeding 111 which Grantor, Lander, or Trustea shaI be a party. unfess req .. rad by appllCabte law. or unless Iha aol"n 0( prcceedlng IS brought by Trustae Truatea Trusfee shan meet aD quallflcabOflS req .. red for Trustaa under appIJcabIe law In addlbon 10 the nghls and remedies set forth above, WIth raspect to ell 0( any part of the Property, tho Trustee shaD have Iha nght to foreclose by noIICa and sale, and Lander sholl hove the nght to foreclose by Judicial foreclosura. In edher ....... n accordance With and to the fulextenI provided by appllcallle laW SUccessor Trustee lender, at lender's opbon. may from bme to bme appOint a successor Trustee 10 any Trustee . appOUlled under IhlS Deed of Trust by an InslrUmen! executed and acknoWledged by Lander and recorded In Iha ofboe of lha """"der of KJng County, Slate 01 Washlnglon The Instrument shaD contain, .n addlbon 10 al other matters raqu.ad by state laW, fhe namas oIlhe ongonal Lander, Trustaa. and GranIor, the book and page ..-the AudIIor'B Fila Number where lhss Deed of Trust"1S recorded, and the nama and address of the 8' ICC8SSO" trustee, and lhe Instrvment shall be exacuIad and acknowfedged by Lander or lis SUOOIISSotS In _ The SIICC8SSOI' IrUsIea, WIIhouI conveyance of lha Property, shaD sucoead to aD fhe bUG, pc_, and dubes eonlarrad upon the Trustaa.n thIS Dead 01 Trust and by appllCBble laW ThIs p'ocedura lor subslltubon 01 Trustee shalf govern 10 the EIICCfusIon of aI other ptOYIS/ons for substrtUbon . NOTICES SUb)8olto appllCBble law, and excepl for nollea required or allowed by law to b. govan.n another manner, any nallce requored 10 be govan under IhIS Deed 01 Trusi. lIlCIudmg WIthout bmrtaflon any _ 01 dalaull and any _ of sale shall be govan .n wnbng, and shall ba eIIectMI when actually debvarad, when actuaDy _ by taIafacsIrm/a (unless othetWlSG requsred by law). when depOSIted With a natlonaJly recognized overnight couner, or, I' mailed. when depOSIted In the United Slates mao~ as ""'f class, _ or raglSfarad mao! posfage prepaid, dreoIad to lhe addresses sheWn near Iha beginning of thIS Deed 01 Trust All COP'" 01 notICes of foraotosura from fhe holder 01 any ban which haa pnonfy aver this Dead of Trust shaD be sanl to Lander's address, as shown near the beglnmng 01 thIS Dead 01 Trust Ally party may change lis address for notooas under thIS Deed 01 Trust by gIVIng formal wrll/an nobca to Iha other parties, $p8Clfylng lhallha purpose 01 the nohca IS 10 change Iha party's address For nobca purposes. Granfor agrees 10 keap Lander.nformed at aD bmes 01 Granlar's cunenl address SubJOOlIa applicable law, and """"", for nobca reqwred or allowed by laW to be gMln In a_ manner, If Ihere IS more than one Grantor, any noboa goven by Lander 10 any Granfor IS daernad 10 be notooe govan to aD Granlors MISCB.LANEOUS PROVIStONS The IoIlOWIng mISCOnanaous _ are a part 01 this Dead at Trusl Amendments ThIs Deed 01 Trus~ together Wlih any Related Documents, consbIutes the enilr. understanding and agreement 01 the parIIas aa to the matters sal forth In thIS Deed 01 Trust No aJlerabon 01 or amendment to thIS Deed 01 Trust shaD ba effeolMl unless govan 1M wnbng and SIgned by fhe party or parfJes soughllo be charged Of bound by lhe allerabon or amendment Annual Reports lliha Property IS usad lor PIIIP0S8S olher lhen Grantor's _noa, Granlor shaI IumISh to Lander, upon request. a oarfl~ed sta_1 01· nat operabng Income recerved ~om the Property dunng Grantor's prevIOUS fiscal year In such form and defaot aa Lander ,hal requra "Net operabng Income" .haI mean all cash receopls ~om lhe Properly less all cash """,,",*1Ures mada In connacbon Wllh Iha operaIoon o/Ihe Properly caption HeadIngs. Capbon haedlngs In thIS Dead of Trust are fO( eo_ purposes only and are not 10 be used 10 Inlarplat..-dellne the ProYlSlons of thIS Deed of Trust Merger There shaD be no merger oIlhe Inleresl Of astela CI08ted by IhlS Dead of Trust wdh any other In_ Of .. lala In the Property at any'me hefd by or for Iha benefit 01 Lander In any capacdy, WIthout the wnffen consent 01 Lander Govemmg Law ThIS Deed of Trust WIll be governed by, construed and enfOn:ecIln accordance w.th federal law and the laws 01 the State 01 WashmgIon ThIS Deed of Trust has been accepted by Lender on the State of BOO" ~6J'ZOO80 ~otoOz Loan No: 2019-201728 Waslllngton DEED OF TRUST (Continued) 20040108002491.00 Page 9 No WaIVer by lender Lender shall no! be deemed to hellO _ any nghIa under this Deed 01 Trust unlass such W8lIlO' IS gtven on wnllng and SIgned by Lende, No delay or om"""", on the pari 01 Lender U1 ........ ng any nght shaJI _te as a _ 01 suoh nght or any _ nghl A _ by lender of a Pr<MSlOl1 01 this Deed 01 Trust ehaII not praJudlO9 or _ a _ 01 ~8 nghtolherwtse to demand slnoI oompIIanoe wrth thai proVISIOn or any oCher PfOVISIOI' 01 this Deed 01 Trust No pnor _ by lander, nor any course 01 dealing between Lender and Grantor, shall _tute a _ 01 any 0Ilander'a nghIs or 01 any of Grantor's obbgabons as to any future Iransacbons ~ the consent 01 Lender .. reqU1r8d under tins Deed 01 Trust, the grenllng 01 such oonsenl by lander In any Inslance sheD nol oonslolule oonbnUU1g consent to aubaequenllnslanoes wtoera such oonsenl .. reqU1r8d and In all cases such consant may be granled or wrthheld on the sole dosaebon 01 Lender SeYend>l1I1)I II a oou1 01 competenl JunsdJobon hndo any _.01 IhIs Daad 01 Trust to be oIIagal, IlMIbd, or unenforoeabla as to any ooroumslance, thai Iondlng shal no! mak8 the oIIandong plOlllSlOn Illegal, onvaIId, or unenlorceable as to any other corcumslanoe "feaslbla, the oIIGndlng provosoon sheD be oonsocIered modoroed so thel d becomes Iegat, valid and enloroeable H the offending proYISIOI1 cannot be so rnoaIosd, d ehaII be consoder8d _ from this Daad 0ITrus! Unless 01f1eo ..... raqund by Iaw,the 1IIaga/IIy, Invallddy, or unenlorceabololy 01 any prtMSOOn 01 this Daad·O/ Trust shaD not afleclthe Iagabty, Wllddy or anIorceabdrty 0/ any _ prIMSIOn 0/1hIS Doed 01 Trust Succe8aore and Assrana SubJSCI to any ~molalootlS staled on thIS Daad 01 Trust on lranslar 01 Grantor's Intaresl, """ Daad 01 Trust ehaII be bonctong upon and Inure to the _ 01 the parties, Ihar SUOOEISSOnI and _ns II_hop 0/ the Property becomes _ .. a _ other than Grantor, lander, wrthout noIoce to Grantor, may daaI WI1h Grantor's successors WIth _nee to tins Deed 01 Trust and the Indebledness by way of foobealance or extansoon WIthout releasing Granlor from the obIogatoris of thIS Daad of Trust or habddy under the tndebtedness Tome 18 Of the EsMnce Time IS of the essence In the performanoe of this Daad of Trust waiver Of ttom_ EXemption Grantor ~ releases and w ....... aI nghts and beneftls of the _d exemphon laws 01 the Slate 01 Washonglon as to aD Indebtedness secured by thIS Doed of Trust DEFINITIONS, The followong oapdaIa8d words and terms shaD he\l8the follOWIng meamnga when uaad In Ill .. Deed of Trust Unless specofocaJly stated to the oonlrary, aI refera"oes 10 doDa' amounls shall masn amounts on lawful money 01 the Unded statos of Amonca Words and terms uaad In the SIngular Bhallincluda the plural, and the plural ..... Include the Slngolar, as the context may requore WordS and terms not oIherwISa defined In this Daad of Trust ehaII hellO the meamnga altnbutad to such terms U1 the Undorm COInrnorcllll Coda Benahclery The word 'Be_ry" masns VAu.EY IlANK, and 11& success"'" and 8IISIIII1S Borrower The word '1IorroW8r" means 0Iync0 llaYaIopmenl, l L C and Includes aD C<HI9OB1S and oo-mak8no Slgmng the Nola Deed of Trust The words "Deed of Trusr masn thIS Deed of Trust among Grantor, Lender, and Trustee, and Includes WIthout hmdahon all_nmant and seounty _ plO\llSlOna raJabng 10 the Personal Property and Rents Detautt The Word "DaIaull" means the DalaUII setlorlh In this Daad oITrusl m the S8CIoon lolled '1lalaUll" environmental Law8 The words "Enwonmental Laws· mean any and aD state, federal and )ocaI statuta., ragulabons and ordinances relating to the proteciron 01 human health or the 8lMronment. Includtng WJthout bmrtataon the ComprahenalllO Enwonmantal Response, Compensaloon, and lJabdIIy Act of 1980, as amended, 42 USC _ 88Ot, at seq ("CERa.A"), the SUperfund Amendments and ReaulhonzabQn Act of 1986, Pub L No 99-499 ("SARA" the Hazardous MatanaIs Transportatoon Act, 49 USC Socbon 1801, at seq , the Resouroe c-ahon and RaocN8oy Act, 42 USC SecIoon 6901, at seq , or other appIlC8bIe atate or ted""" taws, rules, or regutehons adopted punouant -EYenI 01 DaIauIL Tho words "Event 0I1laIaUII" mean any of the """nls of delaun set forth In thIS Daad of Trust on the """"Is of delauH secIoon of this Daad 01 Trust -9 Indebtedness The words "Exootong Indabtednsss" mean the Indebtedness dascnbed In the Elastong liens PrGWllon 01 this Deed 01 Trust Grantor The Word "Grantoo" means 0Iync0 DOIIOIopment, II C GUIIlIIrIIor The word "Guaranlor" means any guarantor, surety, or accomm_bon party of any or all 01 the Indebtedness Guaranty. The word "Guaranty" means the guaranty from Guarantor 10 Lendor,lncludlng Wdhout hmdabon a guaranty of all or part of the Note _0118 SubsIances. The words _dOllS Substances" mean malonat& thai, because of Iheor quanhly, ooncenIrahon or pIoysocal, chemocal or Infacbous charaetensltcs, may causa or POSe a present or poIenhal hazard to human haaIIh or the anwonmant wten "'llroperiy uaad, treated, atored, dISposed 01, generated, manutacfurad, Loan No: 2019-201728 DEED OF TRUST (Continued) Page 10 transpctled or otherWIse handled The words 'tiazardous SUbstances" are used In their VfJ('( broadest sense and "lCIUda WIthout bmatabon any and all _OIlS or tGlOC substances. maIenaIs or wasta as deMed by or listed undar the Enwonmental Laws The le<m ·_ous Substances· also Includes, wdho1Jl hmrlabon. pelroteum and pelroleUm by-products or any fnlcbon lhareol and _100 Improvements The word 'mprowmen1s" means all .... bng and MUI1I Improwmenta. bUlldrngs. sIructuras. mobile homes allboJd on the Real Proper1y.1acdIbes, addlbons. replacements and oII1er conslrucbon on the Real PItIperty Indebleclne.. Tho word 'ndebtedn ... • means all pnt1Clpel, rnle<esI, and other amounls, cosls and expenses payable under lhe Nola or ReIaIsd Dooumenls, Icgethar wdh all _ 01. extanarons 01. modlflcabons 01. conscIIdabons 01 and subshlutJons for lire Nola or Relalad Documants and any amounts expended or adVanced by '--10 discharge Granior's obhgabons or expensas Incuned by Trusfea or Lender to enforce Grantor's ObIIgabons under thrs Deed 01 TrusI, 109_ wdh rntaraslon SUCh amounls .. p<owIodrn thrs Deed oITrus! Lender The word '1.endef" means VALLEY BANK. lis successors and assrgno Nota The word "NoIe. means the promrssory nola daIad JanU8IY 2, 2004. In theorlglnal prlni:lJ)8lamount of $412,000.00 from Grantor 10 Lender. togelhsr wdh an renewals 01. &>densIOI1!I 01. modrfrcatrons 01. ratinanctngs 01. consoIJdebons 01. and subsbtutrons for the pl"OC11lS8or"( note or IJ!llIIeI7IBIII NOTICE TO GRANTOR THE! NOTE CONTAINS A VARtABLE INTEREST RATE Pereonat property The words "Personal Propetty" mean an oqU1pmen~ iIxIures. and other arbcIes 01 personal proper1y naw or _ owned by Granfor. and naw or horaallor _ 01 _ 10 the Real Properly. togolh8r WIth an accessrons. paris. and additions to, an replacements 01. and aD subsblubons for. any oISucli property. and Iogelher Wlih aJilSSues and profits !hereon and p<oceeds (Includrng wrttlOUl k_ a11lnsuranca proceeds and refUnds 01 pnamlums) from any sale or other drsposrbon 01 the Properly Pnoperly The word "Property" means coIIecINeIy the Real Property and the Personal Property Real Property The words "Real Property" mean lha raaI pnoperty. Intarasls and nghls, as lurthar descnbed In thIS Deed 01 Trust Related Documents. The words 'Related Documents· mean 8' prOITll$SOl)l notes, 0I8dIt agraomanls, loan agreements. anwonmantal agreemenls. guaranhaS. secunly agreements. mortgages. _ 01 Irust. secunIy doeds, coIIaleraJ m~. and aI oII1er mstrumenta. _menta and doouments. whalhor naw or horaatler 1IXISbng. -'ad m connectron with the Indebtedness Rents. The word "Rants" means all prasenl and lulura ranis. revenues, Incoma. ISSU8S, royaIbes. profrls. and olher benafrlS danvad Irom lhe Proper1y Trustee The wo<d "1"rus .... • means VALLEY COMMUNITY BANCSHARES INC. whose mallng address 18 1307 East Marn. Puyallup. WA 98372 and any subsbtute or successor Irus_ GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND GRANTOR AGREES TO ITS TERMS GRANTOR Loan No: 2019-201728 DEED OF TRUST (Continued) UMITED UABIUTY COMPANY ACKNOWLEDGMENT 20040108002491.01 Page 11 Dale· ____________ _ Beneficiary: ay------ '18" LASE. ,..0 L. ___ Y. 11110"' c ..... MWIanoI "-I hIioIII ... 1M "" 10M M",II&I •• .."..,. • WA , lMOIEI't\CfnUl,.WOt fe '''17'' ...... .. EXHlBITA Pan:clA. Lots 14 and I S, Block 9, Car Wodcs Adchbon to Relllol>, &ecording 10 the plalthcreorrecorded iD Volume IS oI Plata, page 47, records otKing County, Wasbingtall; EXCEPT that porbOll oItot 15 lying WIthin Bro~n Way NorIh: 20040108002491.01 TOOBIHER. WIth thai portion ofHouacr Way North, aa VRCIIICd by Clly of Renton Ordbumco No. 2722 lying beI_ the Easlerly procI\Icbona of the North Ime orLo! 14 aDd the North margm oCBronson Way North. ParcelB A 35.0 Cool WIde strip oIland situated ID the No!1lIeast quarter orlbe North_ q\l&J"lCr and Oow.nment Lot 4 of SectIon 17, Townslup21 North, Raage Sliast, W.M.,mKmgCoWlty, WaslunllOI>, being a por1lon oltho _ property doscmbcd· In docd from Paodlc Car &: Poundry Company 10 Pacific Coa" Ranlroad Company dated No'llClllber 26, 1926, aDd reeonIcd In Volume 1354 oC Dccda, page 8, records of SOld County, \ymg bctWcCn the Westerly ~ of the orilPnal nght otway of the Columb,UM Puso' SoUDd Raoltoad Company's Newcaatle BnIlCh, a.s clesenbcd In a deed dated Febnwy 9, 1885 /Tom Theophlla.s Brown. teCOtded In Volume 41 oCDeeds, pallO 294 UllderRecordlngNumbcr 13681, recorda oCsald County, and th. Easterly JIIIIIlIin of House Way (fOlmeriy Railroad AVQuo) vaeated by ordJ_ No. 2122 of !he CIty of Renton, WlIShmgtOn, bounded on the North by tho Easterly ex!eDsiOll of the NofIh hne oftol14,BIock 9, CarWorlcsAddnion toltenton aodbounded on the South by the North right oCway lone ofDrcmsoa Way. , •• RETURN ADDRESS: VAlLEY BANK 1307EMAIN POBOXm PUYALLUP, WA 88371 DATE: January 2, 2004 DEED OF TRUST Reference II (If applicable) 2019--603154 Grantor(s) 1 Olynco Development, L L.C Grantee(S) 1 VALLEY BANK 2 VALLEY COMMUNITY BANCSHARES INC., Trustee Legal DesCription: Car Works Add. to Renton, Lots 14 & 15, Blk 9 . Assessor's Tax Parcel 1011 135230-0955-01 & 172305-9174-00 20040108002492.00 Addltronal on page _ Additional on page 2 lHlS DEED OF TRUST Is dated January 2, 2004, among Olynco Development, LLC., a Washington Limited Liability COmpany, whose adcIresal8 9949 171at Ave SE, RenlOn, WA 98053 ("Grantor"); VAU.EY BANK, whose maBmg addrees is 1307 E MAIN, PO BOX 678, PUV ALLUP, WA 98371 (referred to below somel/nle8 sa "Lender" and somell/nea sa "BeneficIary"); snd VALLEY COMMUNrTY BANCSHARES INC, whose mailing addreas 18 1307 East Main, Puyallup, WA .98372 (referred to below as "Trustee''). 1 were iliaci tor SaId document(S "T11I8 AOency as record by l.awY e[! 1\ haa not been accomodallo: \~n pioper exeoutlon 01 e~amlned alteO\ upon 1\lle. a& \0 1\8 e Loan No. 2019-603154 DEED OF TRUST (Conllnued) Page 2 CONVEYANCE AND GRANT For valuable COl18lderetlon, Granlor conveys to Trustee In lrus! with power 01 sale, right 01 entry and po.s on and tor the benetrt 01 Lender .. Beneficiary, au of Glantor's nght, bile, and .nterest .n and to the folloWIng descnbed real property, together wrth aI _ng or subsequently _ or aflDred b .. ldJngs. Improwmenls and ~xtures, aD easements, nghts of way, and appurlenances, aI water, water nghts and drtoh nghts (.ncludlng stock In ubIIIIea with dItl:h or mgabon nghls), and aI othar nghts, roya!f!8S, and proI\tlI relabng to Iha real property, Including WIthout blllllsbon au mInerals, 011, gas, geothermal and SImilar matters, (the "Real Property") located In King County, State of Washington: See EXHIBIT "A", whIch IS attached to thIS Deed of Trust and made a part of thIS Deed of Trust as If fullyeet forth hereIn The Real Property or da address la commonly known as 108 Factory Ave N, Renton, WA 98059, The Real Property tax Identification number Is 136230-0955-01 & 172305-9174-00 Granlor hereby 8SSIgIIS sa secunJy 10 Lender, all 01 GranIOl's ngM, IrtIe, and ._ .n and 10 all leases, Rents, and prollls of the Property ThIs aSSlgnmenilS recorded In accordance With RCW 68 08 070, the len created by Ihis _menllS .n_ to ba sp8CII1c, perIec!ed and choala upon the recording of thIS Deed of Trust Lender granla 10 Grantor a beensa to collect the Rants and proMs. which license may ba revoked al Lender's opbon end shaD ba aulomallcally ravoked upon acoeIerallOn 01 aD or pari 01 the Indebtednass THIS DEED OF TRUST, tNCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALl OBLtGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST THIS DEED OF mUST IS GIVEN AND ACCEPTED ON THE FOUOWING TERMS GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor wananlB thet (a) Ihos Deed of Trusl IS executed at Bcrrower'. requesland no! at lhe request of Lender, (b) G",_ has Iha lui""""" nghl, and aulhonty to enter.nto thIS Deed 01 Trust and 10 hypothecate the Property, (0) the proIIISIOI1S oIlhs Deed 01 Trust do no! _ With, or result .. a default under any agreemenl or other .nstrumenl b.ndlng upon Grantor and do not rasutt .n a 'IIOIabon of any law, ragula/lOn, courl deorea or order appbcable to Gra_, (d) Glantor has _!shad adequate means 01 obtalrvng from Borrower on a conllnulng basis onformaIIon about eorro-'s nnaal condlbon, and (e) Lender has made no mprasenlsbon to G",ntor about Borro_ (oncIud.ng WIthout hmllabon Ihe crad.twOrIhoness of Borrowur) GRANTOR'S WAIVERS Grantor WIIIY8S aD nghts or dofanses ansmg by l1l88on 01 any "one acbon" or "anb-deltClancy" law, or any other law which may prevonl Lender from bnnglng any eobon eg .. nst Grantor, .ncludlng a claIm for deIIoIenoy 10 the extent Lender ES otherwise entJtfed to a claim for deftaailCY. before or aftar Lender's commencement or completron of any Ioredosuro eobon, edher pdtcIaIly or by""""""" 01 a power of sale PAYMENT AND PERFORMANCE Except sa otherWIse pnMded .n IhIS Deed 01 Trust, Borrower shan pay 10 Lender aI Indeblednass sacurad by this Deed 01 Trust as rt bacomaa due, and Borrower and Grantor sheD slncIIy """""" aD their respeoIrve obIogaIIons under lila Nolo, IhIS Dead of Trust, and the Rofatad Dooumenls POSSESSION AND MAINTENANCE OF THE PROPERTY Bonower and Gra_ 89"'" thet Borrower's and Grantor's possassIon and usa 01 the Property ahan be gowrned by the foIOWIng prOVISIOns Pc Ulsalon and Use UnId lila ooourrenee 01 an Evant of Defaull, Gra_ may (1) remeln.n possessIOn and conlrol 01 the Property, (2) use, opeI1lla or manage the Property, and (3) .oIeoIthe Rents from the Property (this prMIage IS a license from Lender to Granlor automabcally ravoked upon default) The loDoWIng prOVISIOnS relate 10 Iha use 01 the Property or 10 olher hlTlltabons on the Property The Real Property IS not used pnl1Clpaly for agncunurat purposes Duly to MaIn"'n Grantor shaD nuunlaln Iha Property In tenantable condition and promptly perform aD rapar.!, replacements, and m .. ntenance necessary to pre88MJ lis value Compliance W.th EnVironmental Laws GlBnlor mprasents and warrants to Lender thaI (1) Dunng the panod 01 Glanlor's ownership of Iha Property, there has been no use, generallon, manulaclunl, storage, lrealmanl, dosposal, _ or IhIBatened _ of any Hazardous Substance by any person on, under, about or from Ihe Property, (2) Grantor has no knowledge of, or resaon to _ II1at there has been, exeept as pralllously disclosed to and adcnowledged by Lender In wnbng, (a) any breach or _lIOn 01 any ErMronmenlai Lewa, (b) any use, _bon, manufactu'e, storage, lreabnen~ dosposal, reIaasa or _ rofaese 01 any Hazardous Substance on, under, about or ~om the Property by any pnor owners or occupanls 0I1he Property, or (0) any actuat or IhIBaIenod lIogatJon or claims o/any land by any person relabng 10 such malIenI, and (3) Except sa P/9YlOuaIy dlsdosecl to and ad<nowIedged by Lender In wnbng, (a) nedher Grantor nor any tenant, contractor, egan! or oIhar aulhonzed user 0I1ha Property shaD use, ganGIBla, manutaclura, store, 1reaI, dospose 01 or release any Hazardous SUbstance on, under, about or from Iha . Property, and (b) any such aclMty shal ba conducted In compIJanoa WIth an applicable federal, stata, and local laws, regulabons and ordinances, Including Without bnulatJon an Enwonmental Laws Gra_ aullloraes Lender and lis Loan No: 2019-603154 DEED OF TRUST (Continued) 20040108002492.00 Page 3 agents to enIor upon the Proper1y to make such onspectJons and lasts, at Grantor's _, as Lender may deem appropnale 10 determine """"*"""" of the PropetIy wdh ttus secIIon of the Deed of Trust Art'( mop_IS or _ made by Lender shall be lor Lender's puposes only and shall not be co_ to CI8al8 any respon$IbQty or habddy on lhe pari of Lender 10 Grantor or 10 any other person The raprasentabons and wananlles conIIIInad herein are based on Granlor's due diligence In Inveshgabng the Proper1y for Hazardous SubsIances Granter _y (1) raIeases and _ any rut"'" cl8Ims against Lender lor Indemnify or contnbullon In the evant Granlor becomes bab/e lor cleanup or other costs under any such lawa, and (2) _ 10 Indemnify and hold harmless Lender ag&lnsl any and aD claims, losses, 1Iab"''''', damages, penalbeo, and expanses which Lender may dreclly or mdreclly sustain or suffer rasulbng from a _ of tills oeobon of lhe Deed of Trusl 0< as a consequence of any use, generabon, manutacture, """"ge, disposal, release or threatened release ...,...,ng poor to Grantor's 0WII0I8hIp or IIIIerast In the Property, whelher or not IIle same was or 8ho1Ad haw bean I<nOWn to Gtantor The provISIOI1S of ttus _ of IIle Deed 01 Trust, including the obhgabon 10 IndamtIIy, shall SUMVethe payment 01 the 1_l8dnesa and the sabsfadlon and rec:or!\IOY8nce 0I1Ile ban 01 IhIS Deed 01 Trust and shall not be afleclad by Lender'B acquISItIon 01 any ,_ In the Property, whelller by lOI8CIosure or oIharwISe Nuisance, WIlSIe Grantor shall nol cause. conduol or panrn1 any I1UISIIIIC8 nor commII, permd, or suffer any alnpping 01 or wasle on or to IIle Proporty or any parbon cllIle PropetIy WIIhouI_ng the genoraJIIy 01 the romg .. ng, Granlor will not rolllO\Oll, or grant to any oIher party the nght to "'""""" any bmbor, IJDneraIs (Including oil and. gas~ coal, clay, scona, SOlI, gra\'lll or reck products Without Lender's poor wnllen consent Removal 01 t"'llrovemenl8 Grantot shall not demobsll or remow any Improvemonts from the Real Proper1y wllhout Lender's poor wnHen consent Nl a condibon to the romovaJ cI any Improvements, Lender may "'QUII1I Gtantor 10 make all'll/l(l8ments sabslaclol'y to Lender to repIaoo such Impl'O\l8mOnts WIIIIlmproll9ments of at leastoqual value Lender's RlgliI to Enter Lender and Lender'B agents and _ts_ may ontar upon the Real Properly at aD reasonable _ to attend to Lender's Inleresls and 10 mspacIthe Raa1 Proper1y lor purposes of Grantor'll compliance . With the tarms and conditions OIttus Deed of Trust Compliance with Govemmenlal Requlfements. Grantor &hal promptly comply, and shall promptly cause compbanoo by an agenls, Ienants or oilier persons or .nbb .. of fNfIf'I natura whalsoovar who ront. lease or 0IharWISe use or occupy tho Proper1y In any manner, willi all laws, ordinances, and regulabons, now or _ In efIecI, 01 aD governmental authonlles appbcable to IIle use or occupancy of the Pioparty, InciudIrIg WIthout Iumtabon. IIle Amencano With Drsabrlrbes Aot Grantor may contest In good IaIIh any such law, ordInanoo, or regutabon and Withhold complranoo dtmng any pr_ng, Including approprrata appeals, so long as Gra_ has nobflad Landor U1 wntrng pnor to dOing so and so long as, In Lender'B sole aprnlOn, Lender'B ,_ In Iha ProporIy are nolJ8OPardized Landor may I8qllre Grantor to post adequate sacunty or a sumty bond, reasonably aabsIacIoI'y 10 Lender. 10 profecl Lender'B ,_ Duty 10 PIotecI. Grantor _ "",ther 10 abandon or _ unattended the Proper1y Grantor shaD do aI _ 81:Is, In addlbOn 10 those acts set lorth above III thIS secIIon, whrcI1 from the ctraraetar and use 01 the Properly are reasonably necessary to profacl and praserw IIle Properly TAXES AND LIENS The foBOWIng provrsrons """bng 10 lhe Iaxas and lrans on lhe PropIll1y are pari of tlrlS Dead of Trust paymenL Grantot shall pay when due (and In aD events pnor to dailnquoncy) all 1ax8s, apecra! taxes, assessmonts. charges (rnoludlng watar and sower). finea end Imposrtrons -., agam", or on aooount 0I1Ile Properly, and shaD pay when due aU clarmo lor work dona on or lor ......... rendOl8d or malena! Ioxnrs/rad to Iha Pfopeny Grantor shill m8lntarn lhe PropetIy free of all hens hawrg pnonly fMl( or equal to the Interest of Lender under thIS Deed 01 Trust, exoopt lor the Iran 0I1ax8s and ass ,_ not dua, """"'" lor IIle Elcrsbng Indabl8dness rolerr8d to b_, and """"'" as otlrarwrse PRMded WI thIS Deed cI Trust RIght to ContesL Granter may wrtIrhold payment 01 any tax, assessment. or claim In connacbon willi a good IaIIh dISpute fMl( the obIrgabon to pay, 10 long as Lender's mtereslln IIle Property IS not JIIOp8tdrzad H a lIOn anses or IS hied as a result 01 nonpayment, Grantot shaD WItIrrn Irtteen (16) days _tha Iran ansos or, , a bon IS hied, WIthm IrfIeon (16) days after G~ has notros 0I1ha fllrrrg, securo the drscIraIIIO of the Iran. or ~ raquosl8d by Lander, d8posrI wrtIr Lendor cash or a suIIraont oorporata sumty bond or _ seounty sa_ory to Landor In an amount suffrcrorrI 10 dlSChargo Iha lren plus any costs and attorneys' leas, or other ctrarges that could accrue as a result of a foreclosure or sale under the len In any contest, Grantor shaD d_ Itsell and Lender and shaDsatrsly any a_ Judgment boloro enlorosment ag81nst Iha Properly Grantor shaD name Lender as an addrbonal obbgeo under any surety bond furnIShed ,n the contast proosacfrngs EvIdence 01 Payment Grantor shall upon demand IUrrush to Lender sabslaclory 8Vldence 01 payment 01 the taxes or assess,,_ and shall autlrorrze the appropnate govornmantaloflrcral to _ to I..ender at any bmo a wntten statement of Iha Iax8s and rrssessments _nst the Properly Nobee Of eonstructton. Grantor shaD nolrty Lender at leas! IIftoon (15) days beIora any wOlf< IS comrrroncad, any sorvrces are IUmrsheCl, or any mal8rrals are supplred 10 IIle Proporly, d any mochanc's bon, matenafmen's ben, or ather Iren coutd be assarlad on account of IIle wort<. sarvrces. or mal8rrals Granlor WI. upon roquost 01 lender Iurrrrsh to Lencler advance assuren ... satlSlactory to Lender that Granier can and wrI pay tho cost of such ImprOvements Loan No: 2019-603154 DEED OF TRUST (Continued) Page 4 PROPERTY DAMAGE INSURANCE. The following PfOVISIons relabng 10 Insuring !he Properly ara a pari 01 thIS Deed 01 Trusl MlIII1tenance or IMUranee Granlor shalf prOCUl8 and """nwn poliCies 01 bra Insurance WIth standerd _ coverage endorsaments on a replacement b8S1S for lhe fUll Ins~rable value cownng II Improvements on \he Real Property In an amount suffIcIenI to aVOid appl108lJon of any COInsurance otsusa, and With a stsndard mor1gagee clause In faVor 01 Lender Grantor shal also procura and mamIaIn comprehel1SMl generaf hablflly Insurance In such coverage amounts as Lender may request wllh Trustae and Landor bOing named as addibonaJ Insureds In such II8b.ty Insurance pcficIes Addrt1onaJIy, Granlor shal """nIam such _ """"'""'" moIuding but not brmtad 10 hazard, bus" .... Intarruphon, and boiler Insurance, as Lander may reasonably reqUIrB _ shaI ba wnltan In form, amounts, coverages and basIS reasonably acceptable 10 Landor and ISSued by a company or companl8S raasonably aoceptabfe to Lander Grantor, ~ request of Landor, Wli daJ"""lo Lander from bme to bme the pohcIes or _ 01 Inaurance In fDlm satISfactory to Landor, metudlng SIlpUiahons thai coverages \WI nof ba cancoIIod or _ WIthout at IeasI ten (10) dsys pnor wnIIen nohce to Landor Each II1SUr&I1C8 polICY aJsc shal moIude an endOI'semenI prOVIdIng thai coverage In favor of Lendsi' Win nol ba Impalred In any way by any act, ...... lOn or default of Grantor or any oIher person Should the Real Property ba located 10 an ""'" d8Slgnated by the OIracfor cI !he FedanII Emergency ManagOlrnenl Agency as a spaclSl flood hazard area, Grantor agrees to obwn and malflwn FedsraJ Flood Insurance, d ._, WIthin 45 deys after nohce IS gMln by Lendor lhat the Properly IS located m a -' flood hazard area, for the fuD unpBJd prll1ClP8l balance of lhe toan and any pnor trans on Iha property secunng lhe loan, up to \he ,""",mum PolICY linuts sat under \he NaIIonaI Flood Insuranoa t>rogam, or as otherwise reqUlr&d by Landor, and to I1I8InIaIn such Insurance for the term of the loan AppllCllllOn 01 ProCeeds Grantor shalf promplly nobly Lander of any loss or damaga 10 tha Properly Lendsi' may make proal cI toss d Grantor wls 10 do so WlIhm fifteen (15) deys 01 the casualty Whather or not Landar's secunIy IS ImPOlJOd, Lander may, al Lander's otecbon, """""" and rewn \he proceeds 01 any Insurance and epply \he proceads to !he reduotlon 01 the Indebtedness, payment cI any I.., affecting the Property, or Ihe _bon and rep .... cI the Property H Lander etects to apply the proceeds to _bon and 18_, Grantor shalf fl!P8Ir or repface the damaged or destroyed Improvemanls In a manner sabsfaclory 10 landsi' Lander shal, upon satISfactory proof 01 such expenddur8, payor_ursa Grantor from the proceeds for lhe reasonabla cool of rapan or rastorabon d Grantor IS not In _ undor IhIa Deed of Trust Any proceadS which hava nol baan disbursed WIIIIn 180 deys after lhetr _I and which Lander has not commlUed 10 lhe fl!P8Ir or rastorabon 01 the Properly shalf be usad first to pay any amount OWIng to Lander under II1s Deed 01 TrtJ5~ then to pay accrued InIarasI, and tha ram&Jnder, d any, shalf ba eppbad to the pnncIpaJ balance Dllhe Indebtedness If Lander holds any proceeds after payment In filii oIlhe Indebladness. such procesds shall ba paid wrlhoullntorost to Grantor as Grantor's Interests msyeppear Compbance W11h Exlsbng Indebledness Dunng the paned In wIIoh any Embng Indebladness doscnbad below IS m effect. comphance Wllh the Insurance ProYISIons contained In the Instrument 8Vldef'lClng such EXlSbng Indebtedness shall consbluta compliance Wllh the ","uranee prDVlSlOI'IS under tillS 0II8d of Trust, to the _ compbsnoe WIth \he Iorms cI Ihis Deed of Trust WOuld constllute a duphcabon of Insurance req .. remsnl If any proceeds from the I/1SUIanC8 bacoms payable on toss, \he prDVISIons In thIS Daed of Trust for dMs10n 01 proceads shalf apply only to thai porlJon 01 the proceeds no! payabfe 10 lhe holder oIlhe ExIstIng Indebtedness Grantor'. Report on Insurance Upon request of Lander, _ not mora lhan once a yaar, Grantor shaD furnish to Lander a raport on 88Ch OXISItng policy of Insurano& shoWIng (1) \he nama of the Insurer, (2) the r_ Insued, (3) \he amount cI\he poIIOy, (4) lhe proporIy msurad, lhe Ihon curranl replacement valUe of such propar1y, and lhe manner 01 _lY'4nlng lhat value, and (6) the oxpiIBlIOn date cI the pobcy Grantor shalf, upon request of Lander, have an Independent appra_ satISfactory to Landor deternuno the cash value replacemanl cost cI the Property LENDER'S EXPENDITURES If any action or proceodll1O IS commenced thai would mstana!y aHact Lender's '"_ In \he Property 01 d Granlor fads 10 comply WIth any provISIOn cI thIS Deed 01 Trust or any Related Documents, Including but no! hmoled 10 Grantor's faJIura to comply With any obligatIOn to """nIam Embng Indebtedness In good sIandIng as requll'Gd below, or to dIScharge or pay when due any amounts Grantor IS requrad to cIisc>IoaJge or pay undor this Deed 01 Trust or any Relaled Documents, Lender on Granlor's behalf msy (but shal not ba obflgllted 10) taka any acbon thel Lander deems appropnala, moIudlng but not IlilIIted to dISCharging or paYing aI Iax8s, hens, secunty interesIs, encumbranoes and other Claims, alany hms lIMad or pieced on lhe Property and paYing aI costs for Iflsunng, malnwmng and pr"""""ng lhe Property AI such _ndilunes lrlCU'red ar paid by Lander for such """' .... Wli then baar ,_ at \he ra18 charged undor the Nota from lhe dele Incurred or paid by Lender 10 Ihe dele 01 rapaymenl by Grantor An such expanses \WI bacome a pari cI the Indebladness and, al Lander's opbon, WIll (A) ba payable on demand, (8) ba added to the balance cI\he N0f8 and ba apporboned among and ba payabla WIth any InsteDmanl paymanls to bacom8 due dunng ather (1) \he term cI any a~1a ms .... nce PolICY, or (2) \he ram&Jnng term 01 the Note, or (C) ba treated as a baUoon payment which will ba due and payable allhe Nola's malunty The Dead 01 Trust also WID secure payment 01 these amounts Such 119M shaI ba m a_ to aD _ nghts and remadlGS 10 whICh Lendsi' msy ba enIrtIed upon DefauR WARRANTY, DEFENSE OF TITLE. The foDOWIng prDVISIOIlS relabng to ownership 0' the Property ora a pari of IhIa Deed cI Trust Loan No: 201&-603164 DEED OF TRUST (Continued) 20040108002492.0<1 Page 6 Title Granter warrants lhol (a) Grantor holds good and maotceIable bile of record to the Properly ,n fee ,"nple, free and clear 01 aD bens and encumbrances other than _ sal forth In the Real PrcperIy desorIpbon or In the ElastIng Indebtedness seotoon _ or ,n any IIIIa ,nsuranco pelley, bile report, or 6naJ bile _ ISSUIId In favor 01, and accepted by, Lender In connectoon WIth Ihos Deed of Trust, and (b) Granter has the full ngh~ power, and aulhonly 10 ........... and _Ihos Deed of Trust 10 Lender oalenae Of TItle Subj8CI to the mz:epbon In the paragraph aboVe, Grantor warrants and WdlIorIMor defend the bile 10 the Properly ~ the lawful alaJms of .. persons In the event any acIoon or procoodll19 IS commenced that quesloona GIlInlar'a bile or the Interest 0/ Trustee or Lender under Ihos Deed of Trust, Grantor shaI defend the actoon al Grantor'll __ Grantor may be the nornonaJ paoty In ouch prooeadlng, bul Lender shol be enbIIad to parbcopate In the proceeding and to be rapteS8tlted on the j)fC08OdIng by counsel of I.endar's own chcoce, and Grantor WIll daI_, or cause 10 be ~, 10 Lender such Instruments as Lender may request from bme to tune 10 pennrt such parbcopallon Compliance WHh t.aw8. Grantor wamonts that the Property and GIlInlor's use of the PrcperIy complies WIth aI exosIIng apphcabIe taws, ordinances, and regUiabons 0/ IJC)YI!mmenlal authcnbas SUrvIve! Of RepreSentabons and Werranbes ~ represenlabOll8, warraniles, and a9l1ll'_ mada by Grantor In thIS Deed 01 Trust shall IIUtVIY8 the exeouIoon and dellVIII}' of lhal Deed of Trust, shall be COnlonUlng on natura, and shaI 18m8Jn on fullotce and eIfacI unIJIsuch bme 88 BotTower's Indebtedness shall be paod In full EXlmNO INDEBTE11N1!S8 The fcilOWIng PI'O'/ISIons .-,ng ExIS10ng Indsbtedness "'" a part of thIS Deed 0/ Trust EldsIlnll lien The ben 01 Ihos Deed 01 Trust secunng the Indsbladness may be secondary and Infenor 10 the han secunng payment of an exosIIng obIIgabon 10 Valley Bank _ 88 A Dead 01 Trust from 0Iync0 Development, L L C to Lendar dated January 2, 2004 The _ng oblogabon h88 a current pnncopaJ balanoe 01 approxomalaly $412.00000 and IS In Iha ongonaJ pnncopaJ amount of $412,()OO00 Grantor expressly COIIIInants and _10 pay, or see 10 the payment of, the ExIS10ng Indabladness and 10 pr8IIIInI any default on such Indebtedness. any default under the onatruments evodsncong such _tedness, or any default under any secunly documents Iei'.uch ondsbtedness No MOdIIICaIIon. Granter .hol not enter onto any ag .... menl WIth the hOlder of any mortgage, deed 01 trust, or other secunty &gIeemenl which has pnonIy 0VfIJt Ihos Deed 0/ Trust by wtuch that agreement IS modilled. amended, _oded, or _ WIIhouIthe poor _ consent 01 Lender GIlIntor shall "",thor request nor lWCept any tu ..... adYanoas under any such secunty agreemenl_out the pnor wnIIen consent 01 Lender CONOEMNATION. The following prOVISIOns retabng 10 condsmnaIIon prooeedlnga"", a part 0I1hos Deed 01 Trust Proceedmgs If any proceedong In condamnabon IS Ided, GIlIntor shaD promptly noIoty Lender II wnIIng, and Grantor shal promptly lake such slaps as may be nacasS8IY 10 daland the acbon and obta,n the award Grantor may be the nomonal party In such prcceedmg, but Lender shaI be enlJtled 10 par1Iapate ,n the proce8dong and 10 be rapresenIed on the prooeedlng by counsel 0/ lis own clio ..... al Gl8nl0I'II _, and Grantor WIll daI_ or cause 10 be daI_ to Lender such ,nstruments and documenlabon as may be requested by Lendsr from bme to bme to permrt such par1Iapabon AppIIcaIIon 01 Net Proceeds. H all or any part 0/ the Property IS condamned by ermnent darn.,n prooeedlnga or by any prooeedlng or purchase In beu 0/ condamnabon, Lender may al lis alecloon reQUIre lhol aD or any poo1Ion 01 lha net PI oceeds of the award be apphed to the Indebtedness or the _ or _bon 0/ tho Property Tho net proceeds 0/ lhe award shaJI mean the award after payment 0/ sa reasonable oosts, expenaas, and attorneys' lees lnotmId by TrusI8e or Lender In conneollon WIth the _mnabon IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES Tho fcIIowong prD'IISIDnS reIaJong to gowmmenlal """",, fees and """'-ate • pat! 01 thno Deed 01 Trust CUrrent T ...... F88SI111d ChIrgs8 Upon request by Lender, Grantor shal ........... such docvmenla In addlbon 10 thal Deed 01 Trust and laka whaIaYer other acbon IS requasled by Lender to perIecI and conIonue Lender's lien on the Real Propaoty Grantor shalt _ ..... Lander tor as taxes, .. _ below, IogaJhar WIth all expenaas 'ncurI8d In reoon:!Ing, parfecbng or contonuong Ihos Oeed 01 Trust, Including WIthout bmdabon aI taxas, lees. documentary slamps, and other chaIges tor rucordong or regosIenng 11119 Deed 0/ Trust ' Taxes The Iotlowlng shaD constotula taxes 10 which Ihos secbon app688 (1) a specdoc lax upon thIS type 01 Deed 0/ Trust or upon all or any part 01 the Indebtedness secured by thIS Deed 01 Trust, (2) a specobo tax on Borrower _ Borrower IS authonZad or reqllrlld to deduot from payments on tho Indeblednasa secured by thIS type of Deed 0/ Trust, (3) a lax on Ihos type 01 Deed 01 Trust ohargaabla agamsIthe lender or tho hOlder 01 the Nota, and (4) a specofoc lax on an or any porbon 01 the Indebtedness or on payments 01 pnncopaJ and ml8nlsl mada by Borrower SUbaequent Taxes. II any tax to WhICh Ihos soctoon appllas IS onaoted subsequent to the date 01 thIS Deed 01 Trust, this event shaD hove the same eIIeoI 88 an Event 01 Defauft, and Lender may IIlC8ICIS8 any or all ollis a_ r_ lor an ElIOnt 01 Default as provodad _ untess GIlIntor .. thor (t) pays tho tax _ rt baoomas detonq~ or (2) contests the lax .. provoded above ,n tho T .... and l .... seotoon and deposrts WIth Lender cash or a sufllclent corporate surety bond or other secunIy satoslactory to Lender Loan No: 2019-603154 DEED OF TRUST (Continued) Page 6 SECURITY AGREEMENT, FINANCING STATEMENTS T1181011a.vlng provISIons relabng to Ills Deed of Trust as a secunly agreement are a part 0I1his Deed 01 Trusl Secunty Agreement ThS mslrumeni shaD consbtula a Seot.rrty Agreement to I ... extent any 011'" Property consIIlUlas lDdures, and Lander shall haYS aa of the nghlo 01 a secured parIy undar the Un~orm Commen:181 Code as am.-clfrom hmeto bme Secunly Inlerest Upon requesl by Landor, Grantor .haI _ hnantlng statements and lake __ olher aobon IS requesled by Lander 10 perfect and conbnue Lender'1I Sl!ClJ'IIy mlerasl In the Rents and Personal Property In addition 10 mcordlng tlus Deed of Trust m the real property records, Landor may, at any bma and _ ItJ1hor authonzabon hom Grantor, Ide executed counletparts. _ a reproductions 01 tIIs Dead 01 Trust .. a hnancmg stalamenl Grantor shaD rGlmburse Lander for all expenses Incurred In perIecIIng a oonbn .. oo IhIs secunty Inletest Upon deIIIull, Grantor shaD nof remove. _ a dalach the Personal Proparly from t ... Property Upon delaul~ Grantor shall assemble any Personal Property not _ 10 the Property In a manner and at a place reasonably _ to Grantor and Lander and make d available 10 Landar WIIIIn Ihraa (3) days after _t 01 wntten demand Irom Landar 10 I ... _t permdted by appllCllble law Adclntaaea T118 mailing addresses 01 Grantor (debta) and Lander (sacurad parIy) Irom which mformallon _moo the sacunly Inlaresl orantad by thIS Deed of Trust may ba obIaInad (aaoh aa reqUirad by the Umtorm Commen:I8I Coda) are as staled on the hnd _ 01 thIS Deed of Trust FURTHER ASSURANCES, ATTORNEY-IN-FACT Tho IoIJcwmg pr<MSIOns I1IIabng 10 fUrthor BSSUlRnces and attorney-<n-IIBcI are a part 01 tlus Deed of Trust FurtI1er ASsUranCeS AI any bma, and tom bma 10 bma, upon request of Lander, Grantor will make, execute and dellV8l'. or WI. cause to be made. executed Of deflVered, to Lender or to L.ender'8 designee, and when requested by Lender. cause to be flied. f'8CDf'd8d. refded. or lenJCOIded. as tha case may be, sl such bmes and In such offices and places as Lander may deem appropnsta, any and aI such mortgages, deeds 01 trust. secunty daeds, secunty 8O"""""n'" bnsnang statements, conmuabon statements, mstrum8nts of fIIIher assurancs, cerbbcaJes, and other documanls as may, '" the sole OIIlmon of Landor, ba necessary or dasIrabIa m order 10 etteotuate, complete. parIect, conbnua, or preserve (1) Borrower'S and Grantor's obbgabons under the Note, !Ius Deed 01 Trust, and the Ralatad Documents, and (2) t ... bens and secunty Interests creaIed by this Deed of Trust on I ... Properly, whether na.v ownad or l>eraaftar aoquved by Grantor Unless prohblled by law or Lander agrees 10 the contory In wrrtIoo, Grantor .haH ,.._ Lendor fer all coots and oxpensGI mctmId m _.-on WIth tha mattora .-to In this paragl8Ph Attomey-m-Facl. "Grantor fads to do any oItha IIlIngs _ 10 In the preceding paIBOlRph, Lander may do 80 fa and In lhe name 01 Grantor and at Grantor's expanse Fa such purposes, Grantor hereby IrTIIVOCIIbly appctnts Lander as Grantor'a attorney-<n-tact for t ... purpose of maJang, _ng, _ng, bllng, recording, and doing aD other tlnngs as may be necessary or dBsrrabJe. In Lender's sole optl1lon, to accompbsh the ma.Itars referred to In the preoecing PllBOIBPh FULL PERFORMANCE "Borrower pays all the Indebtedness when duB, and othorwlSa performs all the obbgabons Impoeed upon Granta undar thIS Deed 0/ Trus~ Landor shaD execute and delNar to Trustee a request for Iu1l8COnYSysncs and shaH """"ute and _ to GlRntor sUItable stetemants 01 lerrmnabon of any bnantloo sfatamanI on Ide 8Vldenang Lander's secunly Inlaresl In the Rents and the Personal Property Any 18CO_ lee shaD ba p8ld by Grantor, ~ pornutted by apphcabfe law The grantaa In any 18CO_ may be described aa lho "person a p8IBQ'IS IegaIy __ , and the reCllaJa In the l8COnvey&nce 01 any _ a facts shall ba concIUSMI proof 0/ the lrulhfulness of any suoh _ a facts EVENTS OF DEFAlLT Each 01 the IOilowlng. at Lander's option, shaD conslltutu an Evanl 01 Default under thIS Deed of Trust Payment Default Borrower fall. to make any payment when due under the Indebladness Other DefaUlts Borrower or Granta falls 10 comply WIth a to perform any other term, obbgallon, COYVnant or condition conlalned In thIS Deed of Trust or m any of the RetaIed Documents or to comply wdh or 10 perform any lerm, obllgabon, CDY8nant or CDndlbon conlalnad In any ofhor agreement batwaen Landar and Borrower or Grantor Comphanca Default Failure to comply with any other term. obbgabon. CDII8I'18nt or condition _tamed In IhlS Deed of Trust, the Note or '" any of the ReIatad Documents ".UOh a failure IS ClI'8bIe and ~ Borrower a Grantor has not baen given a nobce 0/ a broach of the same prOVISIOn of this Deed of Trust WIthin t ... pl1lCedlng _ (12) morrlhs, d may be cured (and no Event 0/ Default WII have CIC01JrI"ed) d Borrower a Granfor, alter Landor sends wntten nollca damandmg cure of such IadUIB (a) cures t ... Jallura WIthin fIIIean (15) days, a (b) ~ the cure reqU1r8S mora than lllleen (15) days, Immedately 1 .. lal .. steps suffICIent 10 cure the failure and 1_ conmuss and completes all reasonable and necessary steps _nt to produce oompilanoe as soon as reasonably pracbcaI Default on Other Payments Fadura of Grantor WIIIIn lhe bma reqUlrBd by IhIs Deed of Trust to make any paymenl for taxes a Insurance, a any othar paymant neceswy to prevent hbng of or to aIIecI dIScharge 01 any han 9OO'Z611Z0080 ~01>OOZ Loan No. 2019-603154 DEED OF TRUST (Continued) 20040108002492.00 Page 7 False Slalemenla Any wananly. """esenlabon or sta1ement made or furlllShod 10 Lender by B~ or G!an\or or on Borrowa'a or Grantor's behalf undar Uvs Deed of Trust or tho _lad Documents IS IaIse or _ding In any matenaI respect. _ now or altho bme made or Iumshed or becomes IaIse or m_ng at any bme _aefter O8_e COIlateratlzalton. T11Is Deed of TrIISI or any 01 the _tod Docu_ ceases to be In hAl lorce and effect (IncludinG failure of any collatorat document to oraete a valid and petIvctad sacunly _ or lien) at any bme and Ie< any reason 08II1II or Insolvency The dISsoIubcn 01 Grantor's (ragardllm of _ eIecbon to ccnbnue IS made), any member WlIhdraWs from the limited IIabo!lIy company. or any other lemunabon of Borrower'8 or Grantor's _tollce as a gOIng busmess or the daeth 01 any member. the Insolvency of Borrower or GI8I1Ior. tho appomlmenl 0/ a _ Ie< any part 0/ Borrowa'a or Grantor's propefIy. any 8SSIQnment Ie< the ben8fd 01 Ct8dIfc<a. any type 0/ _ wOlt<out. or tho commencement 01 any proceeding under any bankruptcy or InsoIYangy lawe by or agamst Borrowar or GtanIor CredItor or ForfaJluno _ga Commancement of _ or forfeIIIIm prcceedIngs, whether by Judicial ptcceedlng. self-help. mpc"psslM or any ether method. by any creddor 01 Borrowar or G!an\or or by any goIIIImmenlai agency against any property secunng the Indeblodnesa TIllS Includes a garnoshment 01 any 01 Borrower's or Grantor's accounts, ududong deposit accounls. WIth Lender HGweYer.!Ius Event of Default shall not apply d there IS a good faith dispute by Borrower or Grantor as 10 the validity or reasonebIonese of the claim _ IS the basIS of tho credIIor or lorleotune proceeding and d Borrowar or Granlor g ...... Lender wntton nobte of tha _ or IorfaItura prcceedIng and deposrts WIth Lender _ or a sunely bond Ie< the credolor or 1_ prcceedIng. In an IlIIIOIInt detenraned by Lander. In rts sole d ..... bcn. as being an adequato reserve or bond for the dispute _ 01 otIIer A9 ... emenL Any breach by Borrower or Grantor under tha terms of any other agruoment between Borrower ar GI8I1Ior and Lender that IS not remedlad within any graoe penod provodad thereon. Includong _ hnutatlOn any agreement ccncemong any Ind.bted .... or other obIlgabcn of Borrower or G!an\or to Lender. whether OXISbng now or lalar _ AIIecIIng Guarantor. Any of tho pracedong events 0CCUI1I WIth respect to any guarantor. _ • ...-ely. or accommodabon party of any of tho Indeblodness or any guaranlor. endorsar • ...-ely. or acccmmodabon party dl88 or beoomeS lnoompetant, or oevokas or disputes the vahdlly of. or 1ab.1y under. any Guaranty of lhe Indebladness In the 9II9f1t of a death, Lender. at do opbon. may. but shell not b. reqUllad to. permd the guarantor's estate to assume uncondIbonaily tho obIIgabons atISIng under the guaranty III a manner sabslactory 10 Lender. and. In doing ... cure any Ewnt of DefaUlt Adverae Change A matanat adWrsa change OCCUIS In Borrower's or Grantor's ~nancoat ccndobcn, or Lender bellOVP" the prospect of payment or performanoe of tho Indebtedness IS unp8ltad Insecun\y Lender III good fIlIth baI ........ 1IsaI1 IfIS8CU!8 Elastmg Indebtednea8 The payment 01 any Inslallment 0/ pnnclpal or any III_t on tho ElOSbng Indebtedness IS not made Within the bme requrad by tha pron1lSScry noIe evodencmg such Indebtedness. or a default occurs under the Instrumant secunng such Indebladness and IS not cured dunng any applicable greoe penod In such Instrument. or any sud or other acbon IS ccmmenoad to forecIosa any 9XISbng ben on tho Property Righi to CUno. If such a fad .... IS """,bl. and d Borrowsr or Grantor has not been gM!l1 a noboe of a breaoh of the same proYISIOI1 0/ thoa Deed of Trust within the pr1IC9dJng Iwehra (12) months, d mey be cured (and no Ewmt of Dafautt will hew ocourredl d Borrower or Grantor. altar Lender sands wntIan noboa demanding cure of such fadunI (al CURlS the faIfI.re WIthin _ (15) days. or (b) d tho oure IIIQIII\!S more then IIfteen (16) days, Immedlalely lrabates steps suftIaenI to cum the failure and thereafter conhnup" and completos aD neesonebte and necessatY steps su_nt to produce ccmpllanoe as soon as reasonably pracbcal RIGHTS AND REMEDtES ON DEFAULT If an Event 01 DafauH 0CCUI1I under thoa Deed of Trust. at any bma thereafter. Trustae or Lender may 8X8IQSB any one or more of the following nghts and remedies Election 01 Remedtea EJecIIOn by Lender to pursue any remedy shell not excIuda pursUIt 0/ any other remady. and an eIaobon to make expendotures or to take acbon to perform an obIlgebcn of Granlor under thoa Deed of Trus~ altar Grantor's tadune to perform. shall not alfect Lender's nght to dectar8 a default and fIXIII'CIS8 lis ramada Accelerate Indebledneae. Lender shaD have tho nght at lis opbcn to _ the anbre Indebtedness Immedlatoly due and payable. lnoludong any ptepayment penally which Borrower would be requrad 10 pay ForecIo8ure With respeoIto an or any part 0/ the Real PIOperiy. the Trustae shaD heve tho nglll to oxarase rts power of sale and to foracIoae by noIIC8 and saJe, and Lender shell have the nght to lomctosa by Judicial foreclosure. m eother casa In accordance WIth and to the hAl extont ptOllldad by applicable law UCC Remed1e8 Wdh _001 to aD or any port 0/ the PelllOnsi Property. Lender shaD have aD the "ghls and re_ 01 a seoured party under the Undorm Commercoat Code CoDoct Rents Lander shaD have the nght. without nobce to Borrower or Grantor to lake possessIOn 0/ and manage the Loan No: 2019-603154 DEED OF TRUST (Continued) Page 8 Property and coIlecI Ihe Ranis, mcludlng amounts past due and unpaid, and apply !he nat proceedS, t1IIet and abow Lander's cosIs, against tha Indebtedness In lurtherance 01 thIS nght, Lendet may reqwe any tanant at other user of Ihe Property to make payments of rent or use fees d"aotty to Lender If lhe Rents "'" collected by Lender, !hen Grantor Irrevoaably designates Lendar .. Granlor's aUornay-on-fact 10 andO/18 InsIruments receMId In payment tharaof In tho name of Grantor and to I18gobsta tho same and ccllecl the proceeds Payments by tenants or ather users to Lender '" response to Lender's demand shall satisfy tho Oblgabons tor which the paymenll ana made, _her at not any proper grounds tor tho damand 8lOSIod Lendar may exercose lis nghts undor thIS subparagraph ather In peIOOn, by agent, or through a recalY8l Appoint ReceIVer Lender shen heve the nght to heve a _ appOInted to take pOSS8SSlOn of aI or any part 01 the Properly, WIth !he power to pratect and PreseMl!he Proparty, to oparata Ihe Proparty preoedlng at pending foIecIoau", at sale, and to collect the Rents from the Property and apply the proceeds, over and above !he cost 01 the 1lIC8IVerShIp, agalnstlhe Indebtadnesa The 1908_ may serve WlIhoUt borld II parmdlad by law Lender's nghl to the appolntmen! ot a """""'" ahaI _ whathar or nat the apparent value of tho Proparty _ the Indabtedness by a substantial amount Employment by Lender shall nat dlSqUUfy a parson !nom S8I"JII1IISS a _ Tenancy at SUIfenInce If Grantor "'''''''os In p ........ on of tho Proparl)' aftar the Property IS sold as provided above at Lander ofherW1se beoomas enbUed to pOSS8SSlOll of Ihe Proparty upon delauft of Grantor, Grantor ahaI becoma a tenant at suffarance of Lender or the p""""'-of the Property and shall, at Lender's opbon, ather (1) Pay a reasonable ",","I tor !he use of the Properly, ar (2) vaaaIa the Proparty Immediately upon the darnend 01 Lender Other Remedlea Trustas or Lender sheD heys any ather rIGht or ramady Pl'OVldad In thIS Deed of Trust Of the Note '" bylaw No_ 01 Sate Lender sheD gJY8 GranIC< ",asanable nobce of the bma and pIeae of any public sale of the Personal Property '" of the bme aftar which any pnvata ssIe '" other '"_ cbpOSlbOn 01 the Personal Proparty IS to be made Reasonable no/lC8 shell mean naIJce gMIII at Iessl tan (10) days batora !he bme of the sale '" dISpOSIbon Any ssIe of the Personal Property may be made '" conJUnellon WIth any sale of !he Real Property Sale 01 tha Property To the axIonI permdted by applicable law, Botrower and Grantor _y WSMIS any and all nghts 10 have the Proparty I1I8IShaIIed In """"",,,ng lIB nghls and remedies, !he Trustea at Lender. shell be free 10 sell aU '" any pari 01 !he Property together at separately, In one sate or by separata _ Lander sheD ba enIIIIad to bod at any publla sale on all '" any porbon of tha Property AttorneyS' Fees, EXpenses If Lender IOSlltutes any ... t or acbon to enforcB any of the tenns of thIS Deed of Trust, Lender shell be enbttad 10 recover such sum as the court may adjudge I98SOOBbia as attorneys' Ia88 at tnaJ and upon any appesJ Whether or nat any court aellon IS IrMJIvad, and 10 tha _, no! prohlbrtad by law, all I9BSOO8bIe expenses Lender I"","" thai In Lender's opomon "'" necassarv at any bme tor lhe prol8cllon 01 lIB ,_ or the enforcement of Its nghls sheD baooma a part of the Indabtadnesa payable on demand and Bhal bear mteresl at the _ rale from Ihe dale of lhe _n<*lura unlj I9paId Expenses COY8l8d by this paragraph Includa, wrthout' "mIIatIon, hOWlMll' subjBd to any bmJls under app_ law, Lender's altorneys' leas and Lender's legal expanses, whelhar or no! I""'" IS a IaWSII~ .,IOIud1ng attorneys' fees and oxpenoes tor banlcruplcy pracoedIngs (IncludIng efforts 10 modify or vacata any automabc stay", InJunellan), appeals, and any anlJapated posI-fudgmenl coIIecIIon ............ the cost 01 .oan:hlng 19CQrds. ObIaImng bile raports (Includmg foraclosure raports~ surveyors' reports, and appnusaJ Ia88, bile 11\SUIlI11CB, and Ia88 for !he Trustee, 10 the _ pamuIIed by applicable law Grantor atso WI. pay any court costs, In adddJon to all ofher sums proyIded by law Rlsh19 of Trustee Trustee sheD haw aD 01 lhe nghls and dulles of Lendor as sat forth In thIS secIIon POWERS AND OBLIGATIONS OF TRUSTEE The foIIOWIIlg prCMSIQIIS reIaIIng 10 the powara and obhgabarlS 01 Trusl8e (pursuant to Lander's .,'Blrue""ns) Bra pari oIlhlS Dead 01 Trust PoW,,",oI Trustee In ._on 10 all powara of Trustea .... ng es. mailer of law, Trustea shaD heve the power to IBke the folloWIng aaIIons WIth mpeaI to the Property upon the wnIIen request of Lender and Grantor (a) loon In prapanng and filing a map at pial of the RaaI Properly, ,"eludIng the dodlcahon of sIraeIs or other nghls 10 the publla, (b) JOIn In granbng any easement or Cf88bng any _on on lhe RaaI Proparty, and (e) JOIO In any subordInebOn at oIher agreement aflecllng IhIS Dead of Trust or the Inlarasl 01 Lender under thIS Deed of Trust ObbgallOna to NoblY Trustea shal nat be ablogaled 10 noIIfY any ather party 01 a pending sale under any other trusI dead at " .. n, or 01 any acIIon or proceeding In whICh Grantor, Lendar, at Trustee shaD be a party, unless requrecJ by applicable law, at unless the acIIon at pccc:eedlng IS brought by Trustee Trustee Trustea shaD meet aU quallfleabons reqUlI9d lor Trustee under applICable law In addition 10 !he nghls and remad1es sat forth above, WIth mpeallo all or any pari of the Property, !he Trustee sheD heve the nghllo Ioreclosa by noboe and ssIe, and Lander shall heYSlhe nghllo fcrec:tosa by JudlCl8l toractosure, '" 8IIhar case m aocordanca wrth and to the fUll exlenl proV1ded by applICable law Successcr Truslee Lender, at Landar's opbon, may from bma 10 bma appOInt a successor Trustee to any Trustaa appOInted under IhlS Dead of Trusl by an InsIrUmen! executed and acknowledgad by Lender and recordad '" the office 800'<:61'<:0090 ~Otoo<: Loan No: 2019-603154 DEED OF TRUST (Continued) 20040108002492.00 Page 9 of the recorder 01 KlI1g County, Slate 01 Washington Tho onsIrum8nl shal1 contaIn, In addll10n \0 an other mailers requ1l8d by staIB law, lhe names 01 the anginal Lender, TrusIao, and Grantor, the book and page or "'a Auddar's Fda Numb« where \111. Doed 01 Trust IS mcorded, and tho name and address 01 the successor _, and the """"'ment shall be oxacuted and acknoWIedgad by Lender or lIS s_ 111 Interest Tho slIccessor _, Wllhoul conveyance 01 the Property, shall S1lC>1l11<1d \0 sa the bUe, power, and dubOB conferred ""on tho Trustee In Ih1s Doed 01 Trust and by app\1cabIa law ThIs procedure lor subsbIuIIon 01 TruslBa shall govern to the exdUSlOfl 01 all ether ptO\I1S1OI1S lor substitution NOTICES Subj8CI \0 applICable taw, and IIl1Il8PI lor ncI1ce 18qII11'8d or aIIowad by taw \0 be gNen 111 another manner, any noboa raqwed \0 be g1Y8n U/Ider IhlS Daed of Trus~ Includmg WIIhout _lion any ncI1ce of daIauII and any _ 01 sale .haI be 91Y8" II wnbng, and shd be ellecl1Y8 whan ac\uaJIy deI1Y8rad, Whan actuaRy f8C81Y8d by "".Iac."n"" (unlass otherWISe raqwed by taw), when deposlled W1Ih a nabonaJIy racog_ OYOI"ntght cocmer, or, ~ maded, when deposIIBd In lhe UMed Slates maJI, as \irsI class, cer\1f1od or regtS\eled mad postage prepaid, dJracIed 10 the addrasses shown near the beg1nllng 01 \Ius Daed 01 Trust All COP18S of nohces oIloreclosura from the holder 01 any lien wluch has pnonty OYOI" IhIS Deed 01 Trust shal be senl \0 Lender's addrass, as shoWn near the baglM1ng 0I1IIIS Daed 01 Trust Alrf party may change lis address lor nobcas under IIIIS Deed 01 Trust by gMng IorrnaI wnUen nobca 10 the oilier parIoes, speafy1ng thai the purpose 01 lhe nobca IS \0 change lhe party's address For noboa purposes, Granlor agrees \0 keep Lender mIotrned at sa bmes 01 Grantor's curranl address Subject to applicable taw, and""""", lor nobce raql11f8d or aHowad by taw to be gMIn In ano\har manner, ~ lhera IS mora \han one Grantor, any nc:I1ca g1Y8n by Lender \0 any Grantor IS deemed \0 be nol1ce gMIn \0 aI Grantors MISCELLANI!OUS PROVISIONS. The folloWIng 1T11SC8IIaneO<1S pt(MSIOfIS ora a part oIlhIS Daed 01 Trust Amendmenta ThIS Doed 01 Trust, together W1Ih any Related Documents, consI1IuIBs the entire understanding and agraemenI oIlho parIies as \0 the matters sal torII1ln \Ius Deed 01 Trust No aIIerabon 01 or amendment to thIS Deed 01 Trust shall be e_ unl ... \j1wn In wnbng and Signed by lhe party or parl1es sought \0 be charged or bound by the 01_ '" amendment AnnUal Repor1a U the Property IS usad lor PIl'POS8S _than GranIor's1BS1dence, Grantor shalll\m1Sh \0 Lender, upen request, a cer11Iied statement 01 net operabng Income f8C81Y8d lram lho Property dun09 Granlor'. PnMOUS I1scaI year on such torm and deIa1I as Lender shall raqll18 "Net operabng onocma" shaH moan an cash _Is from the Prope11y tess all cash expandrtures made 111 connecI1on WIIh Iha operalton 0I1ha Property CaptIon HeadIngs CapIIon headings 111 thIS Deed 01 Trust ora lor con""""'nce purposes onty and ora not \0 be usad \0 In\a<praI or cIeIone the PfOlllSIOns 0I1hIs Deed 01 Trust . Merger. Thera shal1be no merger 0I1IIe _ ",aslale created by \Ius Deed of Trust W1Ih any other onlaresl or aslale In the Properly at any tune held by or lor \lie benefit of Lender on any capacrty, _the wn\lBn consent 01 Lender Governing Law T~IS Deed 01 Trust WID be govenned by, conatrued and enlon:ed In c:confance _federal taw and 1118 taws 01 1118 SIIIIe of Wastungton. Ttu8 Deed 01 Trual has been accepted by Lender 111 1118 Stale of Wl8bIngton Jofnt and Several LIabIlity. All obIlgel1cns 01 Borrower and Grantor under thIS Dead 01 Truslshall be JOInt and_, and aD reterances \0 Grantor sheH mean each and -V Grantor, and allSretSIICeslo Borrower shall mean each and <wwy B_ ThIS mas". \hal aech Borrower and _ 519II1I1I below IS ~ lor aI obhgatoons on tins Daed 01 Trust Whore any one '" more oIlho perbes IS a corporatoon, par\nen!h", hmoted llabddy company 01' somdar enllly, rt IS not necessary lor lender 10 111qU1f8 m\o IIIe p.-. 01 any of IIIe ofI1cers, d1recIor8, partners, rnernbe18, or other agents d09 or purportrng 10 act on Iha enbty's behalf, and any obllgabons made or craaIad In reliance upon Iha professed ......... 01 such powers shaJI be guaranleod under thIS Deed of Trust No WaIVer by Lender Lender shall nol be deemed \0 have w81Y8d any O9hls under this Deed 01 Trust un .... such _ IS gMIfIln wnlong and SIgned by Lender No dalay or 0"""""'" on the part 01 Lender on """"""'"9 any nghl shaI operale as a __ 01 such nghl or any other nghl A waNer by Lender 01 a PfOV1S1Ol'1 01 thIS Deed 01 Trust shal1 noI prBJud1C8 or consblula a waNer 01 Lender's nghI etherW1Se \0 damand s\ncI compliance W1Ih \hal PfOIIISIon '" any _ pfOV1S1O/1 0I1h1S Dead of Trusl No pnor wa1Y8f by Lender, ncr any course 01_09 balween Lender and Grantor, shall oonsI1IuIB a waNer 01 any 01 Lender's nghls '" 01 any 01 GranIor's obbgal1ons as 10 any IuIura !ransacl1ons __ the CO<1S8nt 01 Lender IS raqwed under IIIIS Deed of Trust, Iha granbng 01 such consent by Lender on any onstance shall not consbIuIB conbnulng consenllo subsequenllnslances whera such consent IS raqllrad and In .. cases such consent may be granted or WIthhold on \he sole d1Screbon 01 Lender Severablllty. If a court 01 ccmpeIent J~ finds any PfOVISIOn 0I1IIIS Deod 01 Trust \0 be dIegal, onvatod, or unenforceable as 10 any corcumstance, lllel ImdIng shall not maJce Iha oIIondlng provIS1O<\ dIegal, onvalld, '" unentorceable as \0 any other C1fC\1mstance "lBasIbIe, tho -ng Pl'OIIISIOn shal be co11S1derad modified so lhal rt becomes tegal. valid and en_Ie lIthe -.; provISIon cannot be so mod1Ioed. d shaI be COnsodered dalelBd ~om \Ius Deed of Trusl UnI ... o\herW1se reqU1fed by law,lha dIegaIoty, mvahdrty, '" unenioroeablllly 01 any provosoon 01 IhIS Deed 01 Trust shal net aUec\ the lagalrty, vabdlty or enloroeabololy 01 any ether prOY1S1Of1 0' thIS Deed 01 Trusl Loan No: 2019-603164 DEED OF TRUST (Continued) Page 10 Suc" ......... and AssIgns SubJOCI to any bmotabons stated on ths Deed 01 Trust on transIer 01 Grantor's ,_, Ills Deed 01 Trust shal be bmdong upon and on"", to the benalot 01 the partoas. their s""""""'" and _118 H owlllll'Shop 01 the Property becomes vested In a parson other than Grantor, lender, WIthout notooe to Grantor, may daaI WIth Grantor's successono wdh ''''''',"ce to thos Deed 01 Trust and the Indebtedness by way oIlorbearance or extensoon wothouI oeIeasong Grantor room the cblgabons 01 ths Deed 01 Trust or haIIIbty under the Indebtedness Tune IS 0I111e Esoence TIme IS 01 the essence on the perlcrmance 01 thos Deed 01 Trust watwr 01 _ ElIempllOn Grantor hereby releases and W8IV8S all nghts and _ 01 lIIe homestead """mp_on laws 01 the Stale 01 Washngton as to allin_ness secuoed by thIS Deed 01 Trust DEFINITIONS The following capdaIzed words and terms shaI haw tho IoIIowong mesnonos When used In this Deed 01 Trust Unless specoIocaIIy stated to the oontmry, an _ to dcIar amcvnts shaI mean amounIoi on tewful money 01 the Uroted States 01 Amenca Words and terms used on the SIngular shallncluda tho plural, and the pknl shaI mcluda the SIngular, as the oontexl may mquIIII Words and terms no! cttoeowose de~ned In lhos Deed 01 Trust shall haw the rnearongs attnbUbSd to such terms In the UnoIcrm CoIllfll8lCl8l Code • BeneIICI8ry The _d "BeneIocoary" means VALLEY BANK. and "" successors and SSSIgIIS BorroWer The ward 'tI ........... means Dr Slew M ClIyn,t< and Dr Losa l Olynyk and mcludes aD _ and co-makers Slgnong the Note Deed 01 Trust The words 'Ueed 01 Trust' mean thos Deed 01 Trust among Grantor, lender, and Trustee, and Includes woIhout bmlte~ an sssognment and secunty Inter ... prOVlSlOllS retehng to the """"'nat Property and Rents DelauIL The werd "DeIauII" means tho DefaoAt set 'crill on IIIIS Deed 01 Trust on the sacbon to1Ied "DeIauII" Envmmmental Law8 The words 'Envoronmentallaws' mean any and an state, ~ and local statutes, mgutebclI8 and erdlnances relabng to lhe proIechon 01 human heaJIh or the envoronment, Including wothout .mrtabon the Comprehensova Enwonmentel Response, Compansabon, and Loabdoty I'd 01 1980, as amended, 42 USC Secban 9801, eI seq ("CERClA"), the Superfund Amendments and Reaulhoraabon Act 011988, Pub L No 99-199 ("SARA"), the Hazardous MaIenaJs Transpcrtebon Act, 49 usc SectIon lBOI, et seq, the RasoIA'<:e Consarvabon and Recovery Act, 42 USC Secbon 6901, 01 seq , er ether applocable state or federal laws, notes. or regulabons adopted pursuant thereto EVent 01 Default The words 'Event 01 Default' mean any 01 tho """nts 01 defauH set forth on IIIIS Deed 01 Trust In the .... nts 01 default sectoan 0I1IIos Deed 01 Trust EloaIIng Indeblednesa The words 'ElasIong Indebtedness" mean the Indebtedness dascnbed on the Exos1ong L.oens prOVISIon 01 thos Deed 01 Trust Grantor The word "GtantOI" means 0Iync0 Oevatopmen~ L L C Guaranty The ward "Guaranty" means the guaranly from guarantor, endorser, suraty, or accommodabon party 10 lender, IncludIng wdhout _bon a guaranty oIai or part 01 the Note . Ha2anIous SUbStanceS The words "Hazardous SUbstances" mean _Is 1IIal, because 01 Ih80r quanllty, concenlrabon or physical, chemocal or _ cloaracla1sbcs, may cause er pose a pmenI or potanbal haZard to human health or the """"onment when Improperly used, traaled, stored, dosposed 01, generated, manulaclured, transpcrted or oIherwose handted The words "Hazardous SUbstances" 81'S used In their very broadest ...... and Include woIhouI.motebon any and aD ha2ardous er IaIac substences. matenats or waste as detlned by or listed under lhe Enwonmenlal laws The term "Hazardous SUbslanoas" also Includes, wtthoul _bon, pelrcteum end petroleum b)'-PlOducts er any __ and asbestos ImplOV8lllenls The ward 'mprovements" means aD exosIIng and IUtuIII Imp""""""",, buddmgs. s!rucIW8S, mobda homes afltxed on the Reel Property, lacoIobes, addobons, reptacements and ether oonsIructoon on the Reel Properly Indebtedne8s The word ,ndebtedness" means all pnncopal, ,_, and ether amounts. costs and expenses payable under IIIe Note or Reteted Docurnants. logather WIth aI _ 01, oxtensoons 01, _ns 01, consoIoctatoons 01 and substotuloons lor the Nole er Retated Documents and any amounts ."pallded er advanced by Lender to discharge Grantor's obtgabons '" _ Incuned by Trustee or lender to enfcrce Grantor's oblgabons under this Deed 01 Trust, togelller vnIII_ on such amounts as provodedln Ihos Deed 01 Trust LeIIder The word 'tendar" means VALlEY BANK. "" successcrs and assogns Note The word "Nola" means the promossory note datad January 2, 2004, In the ortglnal pnnclpal amount of $115,697.14 room Borrower to Lender, together WIth aI ranewats 01, OlCfansIons 01, modlfocabons 01, reIonencongB 01, consoMlabons 01, and substolubons lor the promossory nota er agraemenl NOTICE TO GRANTOR TIE NOTE CONTAINS A VARIABlE INTEREST RATE Penoon .. Property The words "Per.oonaI Property' mean aD eqUIP~ _, and oIher artKlles 0/ peroonaI properly now or hereafter owned by Granter, and now or _Iter attached or a_ to tho Real Propef1y, logether vnIII aI Loan No: 201~154 DEED OF TRUST (Continued) 20040108002492.01 Page 11 ace s S S 10118. parts, and adddIons to, all tapIacemenIs ai, and aI sUbsIItutIons lor, any aI such property, and together willi 81_ and proIds IIIanIcn and proceeds (rncludlng WIIhouI k_ lI,nstnnee proceeds and """nels aI p18II1Iums) from any sate or _ dIsposIIIan althe Property . PraperIy The -.I "PraperIy" means cotIecIIWfy the Real Property and tho Personal p~ Real PraperIy. The words "Ras/ Prcperty" mean tho 1881 property, ,_ and nghls, as further _ ,n this Deed alTrust _~ .. The -. _ Dccumen .. • mean II ptO_ noIas. """'" __ ,loan _nonls, en .. """""ntaf aurvoments. guant-' secunty 1Veements. mcr1gagas. _ 01 trust, secunty -. coIaIoraJ mortgages. and aI _ II1SIrumonts. 1IgI88I'I8II15 and documenls, __ now or _liar _119, _ ,n .....-, wdh the IndobIad..... . _ The wor\ 'R8nts-means aD prasant and Mure rents. I'8'I8f1U8S, 'ncome, ........ royalties, prcfll8, and _ benefits _ from the Property Trualee The -.I "TrusIIIa" means VAllE( COMMUMlY BANCSIWIES INC, whose madIng address IS 1307 East Ma,n, ~,WA 98372 and any subsldufe or SllCiCIISSor trusIee9 GRANTOR ACICNOWlEDGE:S HAV1NG READ AI.I. 11£ PROVISIONS OF llflS GEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. I GRANTOR STATE OF --t.t.t..J' ~l,CjIt-G.S:l.JIf-~. __ _ COUNTYOF~§).~'1£7t ...... "",(IE=--__ _ Notary Piiillc, pGfSOI18JIy appaan>cI tit. ) ISS On 1hIS=-==7=-fo.== aY~~~~iiiifiiiiiL':~~ LLC, and ~ "'-" to me or prIMId me _ to be the company thai _ the Deed 0/ Trust and acltnowtedgod the Dead aI Trust to be the !rae and voluntary ad and deed the Imledbabdoly company, by authonly 01 staMe, lis _ 0/ orgalllZllbon or lis cp8I1Ibng 1IgI"''''~ lor the US8S and ::=~ '::ci!~~ are aut_ to_1hIo Oaad 01 Trusl and on fad_ By /flflct/fHJllJJ,I'!AL' R88ldlngal ftI'/t11&f! NoIaIy Public mand flltllle Slate DI...itJY1-My commISsIon exptrea 31:1~/J,oor , I Loan No. 2019-603154 DEED OF TRUST (ConUnued) Page 12 REQUEST FOR FULL RECONVEYANCE To ._ The undersigned IS the legal owner and holder oIalll1debledness secured by thIS Deed oITrust You are hereby recjuestad, upon paymenl 01 .. sums OWIng 10 you. 10 I1ICOnvuy WIIhoul wananIy, 10 the POfSOOS enbllod IhareIo, lhe nghI. Me and ,nIeresI now held by you under the Deed 01 Trust Dale Beneficiary _______ _ IIY ______ _ 118 ______ _ '. . -.. EXHIBIT A PareclA. Lois 14111d 1 s, BJocIc', Car Worb Addibon to RenlOa, ~g to Ibe plat tbereof"rcc0tde41D Volume IS of Plats, page 47, rccards ofKlnl Coumy. Waabington; EXCEPT 1bat pot\lOll of Lot IS ~ W1Ihln BroIlSOll WayNanII; 20040108002492.01 TOGBlHER wllh that portaoa ofa-Way North, IS qc:atcd by City ofReaIOll OrdiDmIce No. 2722 Iyiog bctMCn the EmorIy procIIIcbOlla oCthe Nonh line oCLot 14 and the Nordl margin ofBronsoa Way North. J>arcf:lB It. 3S.0 foot wide ship oflurd lilvated In the Northeast quarter of the Nortbwesc quarter IIId Oo~t Lot 4 ofSecbon J 7. Towubip 23 North, l!.anp 5 liasl, W.M., in JOna CouIIIy, W~ boinB. pDI1IOIl oflbe same property dc:sc:nbcd In deed ftom PaaifIc Car,. Foundry CompaJIY to PacUlc eoa.t RaiIroadCo/llpaDyclated~mboIr26, J~ &lid -=!cd in Vol_13S4 ofDeeda. pap 8,ROOrdsof . smdColmiy,lymgbctwecn the Westedy~ oftheorigmal nsht ofwayoCthe Cohnn";un4Puaol SoundRadroad ColllplDY's Newcastle JImti:b. .. deacriW U\ a deed dated Fe1xuary II. 181S ftom T/IeopIIIIu Brown. recor4ed III Volame41 ofDeeds.pap2!l4underRcc:ordiDgN\smba-1368I,~crds ofuld County. snd \be EasIerty marsin of House W8'J (fonnel'ly Rallrosd Avenue> vacated by ~ No. 2722 oftheCilyofRcnton, Washmgaon, bounded on the North by IbeEaaterly exteDa!Oft of the North hno of Lot 14, Block '. Car Worb Addi1iOll to P.colOn II1ICI bounded on the South by the NOIth right otway line ofDronsoo Way. , ,. ---...... 7 ...... ~I lII.t _ U8& a' aU "\liS::: l!1Cl " ~ 8d .&,.1. btl dY'" ot...t _ J.f I 23 III! 1\ 1ft( ...... ev. I.Me A . U 10 tll.1n_U. '" Ul_t Ul. " ..... • JIO"""IJ' .... ' ..... ft· &e IIeIar 111_· \0 ",. till.' ... .... .... rU \0 tile _' ..... r IIeIar Ill .... ill '_W .. ....... _. \ho oon "-&11 ........... sa '-'at .... -p~. _ ............ 662-BG D i'ldJIUI eo 10 ttl Sap I O' _ a •• tu. 081' lI.aDui'eotu:rillB OOI!lpa~ n oar \Uld.er thele;';. of the SW to Robert '1004 J'p ~bBOO to 6025ti~ ~200. -;c-4, 5, 14 and 15 1n bllt \) Oar ","orks "ltd to Renton IxoptZ sn4:reB.rvint .her.~om, to the grtor, it'8 8e all rt ~ Utle an41n1l in and to 1liiY /Ill4 an m111erll lind preoious r.;etnls o!' everT lr:iDd and 1111 gaa olf and ooal cle1'o.1 ta Ullt ::;~ be in or bened21 tl.e a4 dee 148 end all the rt8 and privlle3ea inoident thereto, TIith the :rt to enter upon ad pre~~ and ___ , remoye aru;,e there;t'rClm.,-,,-_ _________ _ __ _ G'll , In:a t ','n1 fOp):8 08d thece presents to be aubBod bi' ita free I\ljd :1:'1;8 oorp seal to be hore1llJto !'li'fltd "Tod A ttstd D;r' j -.a S 007 (Corp Seal) llfclr-C:-ohln Vita ,he8 ,\t •• Jf/t ;;q R Jl"'R""a""d"4"'e~n-"'It""8--"ir-e-o :/-, -- !ok fit ko~on Sel' 15 09...h' oDC!lD4~r I as Vioe. Jle~ and 380;,' of tp rCoxi"'form bet Al~4 0 lillson'Rp ~n and fc--r-If rea at R 563-1 -'Ok at kow an Sel' 15 09 b,. OlIO !IIld PiT as Saol •• ot' the oo'l'v (Corp Forn) be1' Alfred C :ror ,. reD at lteJltOll\1aah..llm) nil by Sp Renton. ...... ..... Vioe !':-es and ':ii18on ::1: in and F .. ';' -". 4.rn,-,.~ . , ,- 'lila OUlltoc. nUOO .(11 ...... ~Ul! .... weof a.. 1Iu_a: .... ~ ... COII4iUODa "'eiII_,,,,,!~'~.~~\j!P WI.~c.v~ or _LIDIi su .... -·.IIi6.,'1~ : .. ~ 01 ... ii:at:e of . -', .'. '. ~ ,,-.,:' -. wul>1D9tG .. (llueia oaUeIS "~I.~._II., ......... t fw WI """"UUc:t1olO, -"-CIe .... openuoo· C!f • 4a.:.~ _ li1le .. ___ .!_ .•.. ___ ." ", __ - . ___ • ______ ---.:.. _____ . ____ __._,.,. _________ ","_.-.. ____ .0'_--, ". u __ ~Ol. tIuI fOl1ow1D1 oSuarUle4 ",qiwt¥ Atult..s , .. _toll. ItI.I>\I c:cuD.tJ •. 1fU~. ~t •. _ .... A tea foot "" .... ..v~ Of laII4 .. Q GOVW_IIt LOt 4. 8eoUOll 17. 'f ........ tp:.3·aona. ..... 5 ........ JU", c ..... t:y. ".b,,,,-. lr!Io1IIIJ l!!!Jit~lldr _ .. dlled .. IU. I:Ia&tpa.-t of' &·"1P"U·~.: 0;: 1'lo1fle coaai:. a. a. Co. l1d.D1 " __ :~. ,.,.811.1 .... CIa _ 41lteai:. fi". 'atli "" _ .14a. . .' ad at dllbt _la.. f~ tile ... _ lQa of ..,.. •• aid ~_ li1le of ._ ""101", 8. 21"53'09" ..... iIi_ .... U", CIa. eau_ li1le of "" .. of tile 1'liaiUccout a. a.' co. at aAl"~ surv~ 8UU"" 662+31.0. . 'fhl. e .. _t 1 ... -JaOt to, _ upoD Clae foUow!.", expre.. con41 tJ.OIl8. The Ra111'oa4 ccaparq. ~ta -.~cce.80I',. &ad U.ipa, zo .... v. Che ~19h~ to UI. Che ""ope&'~j ... ~~_tw. _o..1becs tw "'r ... aU PU~PO ••• ROt 1_1Iullt ,,1t11 tile ._t herehr 9"afttad. lno1 .. 41D9, but DCt 11a1tad to. til. r19ht to _truet. _DtAD. repa1r, renew, r8COaltruct, ¥eplac:e, aDd oPtcate pr ••• Dt track. 'lel11U •• on lAd 1 __ au'daaoad ~.Ur or exi>a41lDt to til. RI11road C_. R1!,~u "eowvad ... 811 " 10 _Welled .. no~ to d .... 9. or lDtarfe'" vitll til. "_ 1111. or 011\)' pa:rt tIIer.ot. except .... ar ot:barWl •• " provld4id hues.;;. II. Thia ....... Dt ,. _Jact to ex1.","~_"u lD the . ------'" -, ... --.-""-.',', ", 'J "'~.~.!,<':~:~F I • ··· ... ~iJ .. _ uUl1U .. _ b:lIUJIOIrtat:iop ~ .. , peIIIl,"iiOD to IlUDtaJ.D aDy lacU1U .. OD IIIir ,.h-01 ... · pz __ ::~sw4 1ia till. ...... .. . " '...'. . . _to tile ~lg11" to pen nda .... ~ Jlieillga: ....... to tile •• 11- ~_ ~, .-rlOed IUCb ...... ~1 .. lie 1II'1IDte« _. to ._"" ',;-_ld 1D~i • .-. -.d.~-i:bi-;..Of . d¥i ''''';'';;;-j,iiiitR-u b.nlD ~DVlded. . . 1'1'. till ..... _t: by 111_ c ..... -. tile N1a:oe4 ~ abell th.Dc.fo~th bold ADd aDjO)' Ut:1. to Ua a:lg11t: 01 we¥ fa: .. _ clear 01 th .... _1: _ebyP...... _ MY, at: lta cpt:.l.OD, ~ ... ... IoU. ~.tak.. _ bold .aid 1 __ lIC---.. 01 th. lIC •• eDt: •• tate of .dd aa1Jzoad Cg "DJ'. wJ.tboGC: :a •• a.aUoD to ... tro. th. publtC:i' 'or' aDr-O~"_":~-:-' $3.,.",0 . ."....·· fw..~~t:. o~· property r..aovN,· tak., .". ~.' _ .Uilb1Ut.~, fw.los. of. O~ daIIll9_ t:o. IIDY JIC-." 01: tIIe~_Dt:io __ oIIut:UD9 .aid ._ 11 .. 8 o~ ""7 put: th.nol. v. Keta:o 8111'e.8 t:o lad_Iy _ • .". _e.. the aa11~oad· company of _ frOOl ... y _ ell 190., ll11blUt:y. con or _ .... 1D c:oDftectioa wltb the OOUuUc:UOD.'· 8a1ot,;;"!±tc·. -u.s operation of the .ewer pipe 11M for vb1cb tb.18 .,... I.ot 1. grated:- 1M WITRBSS 1IIIBII8JP, ,ud <kAlltozo ball cau •• tid.. lDlt$woent t:o b. executed by 1 to proper offl...... _ U. corpoa:eta .. el to be bereunto .ffUed tbl. /6 a, day of ':i!"7d-.,.It:M<'·. J.963. "MIIIII!''*' CM ... We - .M« 1Mv-_ "" be _~ .. ..., W1"~ .... 'M.4 «M4.o~ .... ~ Cloq.onu ..... ~0It_ . ~ __ ~~ ... !"'!-~i;!~ .. !¥:DD·~~.~~~..!IIa~_~ _ .... _1 .... tii ........ d ~'\!;. ___ • _ Mal affU0e4 ___ DDq .. -,aMi.~ ..... ~1IUoD.. III Wl'IIfUI ....,r. illO"la .... ~ _ 10)' bad·..., affixed "I..!,.. ,,..., tA."., "'~ J'I .... .; .. ;; ... ",<Hf '" "'.;'.0 lIOQii" __ . 0 -lAO hi iii iEaG Clf 1PIIIJiI....... ~ .. 1d1DQ at " .. ttl •• . --:~-.~: .. ~ .. --.~.-. .VIOI A. ~ ~~~;_~~_~._ ~i;.;~;fiiil~~iii. l.f') ·.0 a , '';> ~ QllYaI."" OIUlIIWlCE 110. Alas AN OIUlIIWICE OF TIlE CITY' OF REJI'l'OJI. 1WIHIN6'I'01I. VACATIIIG A CERTAIN POaTIOR OF HOI/8EIl WAY NOIm· AND PORTIOII OF A SIXTEt:II f'OO'f ALLf;YIII B~J,-. CM WOJUCll ADDITION TO REIITOII. AS' HOllE PARTI~Y DESCRIBED HEllEINBELOW. WHEREAS a proper petition for vaoatins a certain portion of a street and alley, as hereinafter more PU"ticularly described. waD duly tiled with the City Clerk on or about January 27, 1972, and said Petition having been .~sned by the """era of IIIOre than two-thirds of the property abutting upon sugh portion of street· and alley sO!'ght to be vacatedi and W~ the-City .l:oW>oi) l>¥ R.lI<IlIISipll...l.lR .... UJ.'---.JPl'.!'2.I(!!!L.!!! .. _ ....... February 28, 1972, and after due inveatisation did fix and determine' the 27th day of Hargh, 1972 at the ·hour·.,f 8:00 P.H. in· the City Co.uncil ghamgers of the City of Renton to be the. time and place forpublio heari~g thereon; and the City Clerk havins.given due .notice of such hearing in the manner provided by law and all pa:ro.>n~I.II.A.v:4'g been heard appearing in favor of or opposition th.retoj. WHEREAS the Planni~g Commission and: .. tb~-~~~~ baving duly considered said petition and said vaca~~~~~l!i~ ..... in the publio intersst and fOr ~'PJlbU~:b:' ·w.Iii~it _ •....•..• ' ..• --_.. ..'," •. ,~ .• :.. ' .. ,;"_:~l:.:';;':~'!""'~~~~"';"":"":"_'~',,.;......:... .: damage ·1:0 ~y person or. p1'Oper.t!e8."~·'~.l.t fro~ found same to be and no injury or such va~ation; and WHEREAS the City Council oaused to have .... de ..... appraisal of the property sought to be vacatecl as· provided ·for in City of .Renton Ordinance No. 23~91 NOW THEIlEFOIlE, TIlE CITY COUNCIL OF THE CITY .OF REIITOII DO OIUlAIN AS FOLLOWS: SECTION 1: The fOllowing described properties, to-wit: All of that portion of HOUBer Way North ... te.rly ot Block 9, Car Work. Add!. tion to Renton. aooordins to the plat recorded in Volume 15 of Plats,· pas. '7, re-cords of King County, W.lhinatOAI aouth of, euterly' extension of the south margin of Qrookl Street and north of BI'Qn80n Way, and All that portion of the 16 foot all.y in Block 9, Car' Works Addi Hon to ...... At!>!' ,-!l.0C10~ ~o the plat reoord.d in Vol\IIIMI 15 of plata, PAl. ~'. re~rda ol"lC1iIi' CDllllty, W .... h1J\atOA. lYina-'''-lJ_d-a: UU J,J'&f\IcHfall':i: IIlt.h and 10 f •• t II.unIT • ....-.,..., .. dioiilu1J. tM til. V •• t.rly ~n of 1Io\lH .. ~,.~0I<tIl . . .. ~ ------.-------.---- BE"'DD, TH8 SAME IS ImJlEBY VACATED, SU8.JJICT, IIOIIEVER, to an ....... nt .-. .. .... .'.' ove ... _ ............... and on all of til. afo ... de.cil'1bed Pl'Dpel't}' in f."or> ofthe'lfl,',,~~~, IItility and relaUd p\lI'pOaol. SECTION II. TIle City Counoil lIereby deota to ""ar.e at .. , of $~,.3.,).3.Jt to PetitiOJ' ..... OWn."., 8~cl "'""WIt not ."oeedin. one-llalf of the City's appraisal cf the 1'~lb,'t of.·~. interea'tlt herein vaoated, and such oharge beins ref; .onable ~d proper_ ~_ .. :;~ > :~J.~' ,J: .... , SECTIONnr:---Th-ts OI'diJiolice '~'~.U-~;,-.. tl".~~ta ·.,..as .... approval and five days aftsr its publication •. unleas otherwise pl'Dvided for hereinabove. A certifieci e;oi,,.-ot'l.-·lIrj!ljianoe Ihall be. fUed . with the Office of Records and Elections, King County. and as otherwise provided by law. . :,;.;". ::'. PASSED BY .THE CITY .COUNCIL 2~a~&.~~ . 'Ill Date of publication. ' S£I 1 " 011-'t:, ,ti-.' '. :.- .. __ ..• -... _---_ .. -.. --.--.~-- I t -,- ~;"-~:" ,. ... I -r.':~".llo ..... , __ r.",>:::,_,,-,: ~ •• " .... l ..... U'~.:.,. ~'-'" , ••.• _. ~ .l/ '\;';k ,~~J::"'~_, ~~,;~c!..':";...., ..• :>;._~.!.:. .... '''r''JhJ_.· .. ·~_ .. . -----_ .. --'-----... -.. _--_ .. __ ..•..... _-_ .. _._---_ ... "'r: \; ., .-q ., " "-~~'OiIfsrQi ~, .. -, It\ .... '" c:) C, 0 C' 0 '" t- O- .~ N <> 0 F;! '" • e, , . ... I o III t!.w !.1 :1 c' .. 'Ot . 'I. ," EASEMENT ALEO fOR RECORD AT REQUESf IJf ornCE Of lifE CIlY ClERK RL'fIOH MUHlClPAL BLDG. 200 MIlL AVE. SO. RENTON, WA 98055 :.': KNOW ~L MEN BY THESE PRESENTS, that BURLINGTON NORTHERN RAlLRO,,"D CQMPANY (Cormerly nomed Durlinpn Northern Inc.), a Delaware corporat:ion, whose addreBS ror purpc>1;eS ofthle inebument I. 2100 First Interstate Center, 999 Third Avenue, SoaWe, Washington 98104, Grantor, Cor Nineteen Thousand One Hundred Twenty.Flve and no/l00 Dollars ($19,125.00) to itpald by CITY OF RENTON, a Washington municipality, Grantee, and the promises of the Grantee hereinafter speeified, ooes hereby remise, release and quitelaim unto the Grantee, subiect to the terms and condit:ions hereinafter set forth, an EASEMENT to construct and thereafter maintain. repair. replace and remove an underground water ut:ilitr.llne, hereinafter calledwatennain, over, upon and aeroBS the Colfowing d_"I,od r,..mi.!'\I, sit ... "", in King Cnunty, State ofWaabinglon, to-wit: A 15 Coot wide strip orland being the Northweaterly 15 feetoC Burlington Northern Railroad Company's (suceeaaor In Interest to the former l'acific Coast Railroad Company) 75 Coot wide Branch Line rigbt DC way, being 20 feet wide on the South.asterly side and 55 feet wide on the Northwesterly side of said Railroad Company's MaIn Track centerline as now located and constructed uJlDn, over and across the NWtNEt and the E+NWtofSect:ion 17,1'23N, R5E, W.M., KinJCounty, Washington,lying between the Easterly projection of the South bne of Block 13 ana the North IfneofBronson Wnyofthe Car Works Addition to the Cltlof Ranton, said King County, according to the recorded plat thereor. RESERVING, however, unto the Grantor, its IUccessors and assigns, the right to construct, maintain. use, operate, relocate, reconstruct IlIld renew such tracks and facilities as it may at any time, and rrom time to time, dealre within the limits ofthe land herelnbeCore described, including the rigbtod Jlrivilege to use said land for any and all purposes, not inconsistent with the use thereoHor "atermain purposes. The fo."goi ng ea .. ment is made subject to and upon the following express conditions: 1. To existing interests in the above·described premises to whomaoever belonging and of wbatsoever nature and any and aU extensions and renewals thereof, including but not limited to underground pipe line or linea, or oy type ofwire line or lines, if any. 2. Any and all cuts and fills, excavat:ions or embankments neca .. ary in the conatruction, maintenance, or future alteration ohaid watermain shall be made and maintained in such manner. fonn and extent 8S will provide adequate drainage or and from the adjoining lands and premisesorthe Grantor; and wherever any IUch 1111 or embankment shall or may obstruct tha natural nod pre-existingdrainage from such lands and proml ... oflbe Grantor, the Grontee Ihall construct and maintain such culverts or drains as may be re'l uilite bl preserve such natural and pre·existing draina,e, and sball also wherever necessary, construct extensions of existiog drolns, culverts or dlteb .. throu}Ih or alon, the premia.1 of the Grantor, such extensions to be of adequate secuonal dimenSIons to preserve the present nowage ordrainage or other waters, ond or materials and workmanship equaUy aa good as those now exilting. XCISE TAX NOT REQUIRED . _. ~ CO:Jl-dS DIIfIIon ~~./ ,·L_ , Ilopuly -' 1 ':I1/03,.'IS RECD F RECFEE CASHSl ·';'I.'I/~rr!/' ·~·:i·I.:1().J'lIt/ u' ' ... !4\., ? r:.o 2.Ot) 1,"'''11.00 :; :1 i , I I :iI a n,...., 3. 4. 5. I I • o - The Grantee sh.1l bear the cost oCremoval, relocation or recon.truction oC any .nd.1l rightoCway C.nce., tel.phon. or tel.graph I"'I.s, or other C.cillti .. , the remov.l. relocati ... or reconstruction oCwhieh may be made n.cessary by reason oCthe use oCsaid premises Cor snid watarmain purposes. Th. Grantee sholl •• t its own cost and upense. make acijustment with industrl .. or other I ...... oCGrantor Cor buildlnJII or Improvem.nts that may h.ve to b. reloc.ted. reconstructed or d .. troyed bf reoson oCthe construction and maintenance of said watennain on said prenuses. For .ny work performed in th. Stata orWashington. nothing in thi. agreement is intelllled to be construed os an indemnification .gainst th. sol. n.gligence oC the Grantor. its officers. employees or agents. Moreover, ror auy work performed in the State oCW8sliington. the Grantee specifically and expressly .grees to indemniCy the Grantor .lI8inst all 10", li.lillity .nd dam.ges, including environmental d.mage;ll ........ ou. m.terials dam.ge. or pen.lti .. or fines th.t m.y b. assessed. causeu by or resulting from the concurrent . n.gllgence oC(a) the Grantor or the Grantor's agents or emfloy .... and (b) the Grantee or the Grantee's .gentsor omploy .... to the exton ofth. Grantee's neglig.nc •. For .ny work p.rform.d in the State oCWashington.!b. Gr.ntee specifically ond expre .. lr waives .ny immunity it may have under Washington Industrial Insurance. TItle 51 RCW. and ocknowl.dges that tbi. waiverw .. mutually negotiated by the parUes hereto. The Grantee Curther afrees th.t It hos a duty to doCand aUts own expen.e. in the name and on beha CoCthe Grantor. all claims or.uits Cor inIuri .. or death oC person. or damage to properly arising or growing outoC th. work carried on under thl. contrac~ Cor which th. Grantor Is lis!)le. or is alleged to be liabl.. . How.ver. upon a linal d.termlnatlon I .. a courtoClaw In which a percentage oC n'gligence IS attributed to the Grantor. the Grantor ..... es to relmburae til. Grantee in the sam. percentage Cor the costs involved In deC ending the soiL For so long as this easement shall surviveilall contrac\a between the Grantee ond its contractor. Cor either th. construe on herein provided Cor or maintenance work on the wDtennain within any easement area described herein or shown on the exhibit attached her.to. shall require th. contractor to prot.ect and hold h.rmless the Grantor and any other railroad company occuprlng or using the Grantor's right oCway or line oCrailro.d against .111 .... liability and damage arising Crom activities oC the contractor. its Corces or any DC its subeontractors or agents; and shall Curther provide that the controctorsh.ll: A. Furnish to the Grantor a railroad protective liability policy in the Conn provided by FHPM 6-6-2-2. or as such Corm may be h.reafter amended or supplanted. and anyot.her pertinent instructions issued by the Federal Highwoy Administration. VepartmentoCTr.nsportation. The combined single limit oC said policy shall not be Ie .. than Two Million Dollars ($2.000.000.00) Cor all damnges arising out oCbodily illiuries to or death oCanr ~erson or persons ond Cor 011 dam.ges arising out oCloss or destruction oC or IIIJUry or damage to prol'."rty in anyone occurrence. and, subject to th.t limit. total (or aggregate) linutoCnot less than Six Million Dollars ($6.000.000.00). Cor.ll dam.jes arising out oCbodily illiuri .. to or death oC any person or persons and Cor all damages arising out oC or loss or destruction oC or illiury or damage to properly .... ' .. .; .0'. i j ·-1 ; I .i ; I I f j ; t i , ! I lC I OJ to ro (V") = OJ 6. 7. o during the policy period. Said insurance polley executed b1 a corporation qualified to write the same in the Stote in which the work IS to be performed, shaU bo in the form and substance satisfactory to the Grantor and shaU be deUvered to and approved by tho Grantor's Regional CblofEngineor prior to the entry upon or use oflts property by the contractor. This being a potentiaUy perp.tual .... ment, Granlor reserves the right to require higher Ilmitsof IDSurance in the future as may be conunerciaUy reasonable althe timo. B. Carry regular Contractor's Public Liabilily and Property Damage Insuranco as specified in FHPM 6-6-2-2, or as such form may be hereafter supplanted or o.mended, and any other pertinenl instructions issued by the Federal I1ighway Administration, Dop~artmonlofTransportstion, providinf for a limitofnotless than Five Hundred Thousand Dollars ($500,000.00) for 01 damages arising oul of the bodily il\iuries to or death of one person, and, subject to thnt limit for each person,a Iolellimitofnotiesstban Ono Million Dollars ($1,000,000.00) for all damages arisingoutofbodlly illiuriesloordeath ortwo or more persons in any ono accident; and providing for a limit of not leas than Five Hundred Thousand DoUars ($500,000.00) for aU damages 10 or destruction of property in anyone accident and subjecllo that limil a total (or .ggregate) limit of not less than One Million Dollars ($1,000,000.00) for all damagea 10 or destruction of property during the pollcl ".riod. A certified copy of the policy providing said Contractor's Public Liab,lity and Property Damage Insurance executed by a corporation qualified to write the same in tho State in which the work is to be performed, in rorm and substance satisfactory to the Orantor, shall be delivered to .nd approved by the Gran lor'. R.gional ChlefEngiaeer prior 10 the eaby upon or us. Ofth. Grantor's property by the contraeior. This being a potenti.lly perp.tualeaoement, Grantor re .. rves the right to require higher limits Drinsurance in the future as may be commerclaUy reasoaable at the time. Ifthe Grantee, its contraclor, subcontractors or agents, in.the performance of the work herein provided or by the railure to do or perform anYthing for which it is respoDsible under the provisions hereof, shall damage or destroy any property of the Grantor, such damage or destruction shall be corrected by the Grantee in the event Its contractor or the insurance carriers fail 10 repair or reslore the same. Ir said deserlbed premises, or .ny part thereof, shail at any time cease to be used by said Grnntee, or by the public, for the purpo .. , as aforesaid, or should thoy be converted to anl other use whatsoever, or should the Grantee fail 10 perform any of the cODd,tionS herein expressed, then and In any such event, all the right, title, interea~ benefits and enjoyment of said Grantee, or of the public. in and to said ~remisos. for .ny purpo.ea whatsoever, shall immediately ce ... and the said Grantor, its successors aad assigns. may. atitsor theiroptioD,re.enter. retake and hold said deaerlbed lands and premises as of the pre .. nt eslste or said Grantor withoutcompensauon to said Grantee. the public, or any other person whomsoever. for improvements or property removed, taken or destroyed, or liability ror loss of, ordam8ge to nny preDUses or the improvements thereon abutting on said ... emeDt area or any part thereof. The Grantee shall, or shall require its contractor to, notify the Grnntor'. Roadmnster in SeatUe a sum .. ent time in advance whenever the Grantee or its contractor is about to perform work on or acij&cent to Grantor's right of way and trncks to enable Grantor to rurnish nagging and such other protective .. rvice as might be necessary and Grantee shall reimburse Grantor for the ... t thereof. ... ' 1/ /3 -11 3 - i j I ::..., . ~ ." .' o - 8. The Grantor does not warrant its titie to aald premlae. nor undertake to defend the Grantee in the {""'coable ~on, uaa or enJoyment thereof; and the grant herein made 19 subject to all outstanding rights or interest or others, ineludlng the tenants and licenaaesorthe Grantor. TO HAVE AND TO HOLD THE SAME,lDgetherwith all the hereditaments and appurtenancea thereunto belonging to Grantee ror public U88 and el\loyment ror the purposes aroresaid and ror no oilier purpoae whatsoever subject to the terms and conditions hereinberore stated. IN WlTNESSWHEREOF, the aald BURLINGTON NORTHERN RAILROAD COMPANY has cauaad thislnstrumanl to be slgned byitsauthorized officers, and the corporate aaal affixed on the /1/ f!f day or DEt.!1.MIJ" , 19~. A~ B 'L~; ~ e,,'/ df1£l.~r •• n, City Clerk BURLINGTON NORTHERN RAILROAD COMPANY ATTEST: BY~It!t~ ta •• 8 Aaslatant8ecrelary - BN 9915 Renton, WA ,. #13-91 4 ", _ ..... _-_.,.-.. ':'~". _ . .,"'.-., .~ • , tD O'l CD ., CO ;! 8 , ··l en \ J I " I • STATE OF COUNTY OF the I Iss. I o - before me. writte,::,:tness my hand and o~mCial seal hereto affiX~ed the day and year lint above -c!ia . QIDI... STATE OF WASHINGTON I Iss. COUNTY OF KING I Onth!s {I/!! day of ~tlt/ .199" .before me. the undersigned. a Notary PubllCiiBDor e State orWashiniiiOD.duly commissioned and sworD. persoD.Uy appeared J. R. DItk. and Anita D. Wells, to me known to be the Direetor· Title Services, and Assistant Secretary, respectively, of BurlingtoD Northern Railroad Company, the corporaUoD that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of snid corporation, for the uses and purposas thereiD mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporaUon. :"110",,-,,,,\\,, • Wi~'I\Y Jlanlt~mci.1 seal hereto.mxed the day and year lint above wntten..:" " .... a~"'I" ~a "1 : 'V _~., t~ .. " "'" ~ -~--< ~N ~ ~ C?~,~ 5 f ~OTARI' %l'Io%,pu 'Cl~1'n~forl1ieTI';o~ngton ~cft' p"';"._' ~illiDgat: Seattle. WashlDKfllD ~;A\ UBLIC 1e;Y.!ppointmentexplres: January 9. 93 ~~"~11~:,~;!1,~-"~~ BN 9915Iltf~WI{~~~~':- "'''\""" :II i3·t!f / 5 ~ -·,~----_~ __ """ ___ '!!_""i -..,.-.---~:""!"",,,,_ .,.,.",,_ ........ n .. I I ~ WHEN RECORDED MAIL TO: Bitney Company 2727 Mountain View Avenue N Renton, Washington 98056 E1747131 1~4~~I.iI' ee s1lI 141~ ... QUITCLAIM DEED MGI eel 01' tel THE BURLINGTO)'li NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, (formerly Burlmgton Northern Ra!Iroad Company), of 2500 Lou Menk Drive, fort Worth, Texas 76131-2830, hereinafter called "Grantor", for and 10 conSIderation of Ten and No/IOO Dol1ars ($1000) and other good and valuable consideration, in hand pBIII, conveys and quitelBll1lS, Without any covenants of warranty whBtsoever and WIthout recourse to the Grantor, its successors and assigns, to BITNEY COMPANY, of 2727 Mountam View Avenue N, Renton, Waslungton 98056, heremafter called "Grantee", all its nght, title and mterest, If any, in real estate, subject however, to all exiSting interests, meluding but not bmited to all reservations, nghts-of,.way and easements of record or otherwise, situated 10 the County of KIng, State of Waslungton, hereinafter called "Property", together With all after acquired title of grantor therein, more particularly descn'bed as follows Part of Government Lot 4 and part of the NE~NW~ Section 17, Townslup 23 North, and Range 5 East, W M, KIng County, Washington, complete legal descnption descnbed on page 6 as Exlubit "A", colISIstmg of one (I) page, attached hereto and made a part hereof EXCEPTING AND RESERVING, unto Grantor, its successors and assigns, all of the coal, oil, gas, casmg-head gas and all ores and mmerals of every land and nature, mcludtng sand and gravel underlying the surface of the Property herein conveyed, together with the full right, privilege and license at any and all times to explore, or dnll for and to protect, conserve, nunc, take, remove and market any and all such products 10 any manner which will not damage structures on the surface of the Property herem conveyed, together With the nght of access at all times to exercise SBId rights Assessor's Property Tax Parcel Account Number 172305-9174 ALSO RESERVING, unto said Grantor, Its successors and assigns, a railroad easement Includang the right. privilege and easement to Construct, mamtain. repair, renew, Use, operate over, replace or remove railroad tracks, draanage facilities and appurtenances thereto In, along, over, upon or across that portaon of the heremafter described Property as shown hatched on the attsched Exhabit "B·, and by thas reference made a part hereof To have and to hold said easement for so long as the same IS used or required for railroad purposes and untal saad Grantor, its successors or assigns, shall remove all such facilIties from the SlId Property with the Intent to abandon saad easement. Grantee has been allowed to make an anspeclIon of the Property and has knowledge as to the past use of the Property Based upon thas inspection and knowledge, Grantee is aware of the condItion of the Property and GRANTEE ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY ON AN "AS-IS WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECfS, INCLUDING THOSE RELATING TO THE ENVIRONMENTAL CONDmONOF THE PROPERTY, AND THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, Includmg the physical condrtion of the Property and any defects thereof, the presence of any hazardous substances, wastes or contaminants In, on or under the Property, the condition or exastence of any of the above ground or underground structures or improvements an, on or under the Property, the condition of title to the Property, and the leases. easements or other agreements affectang the Property Grantee IS aware of the nsk that hazardous substsnces and contanunants may be present on the Property, and IDdemrufies, holds harmless and hereby waives, releases and discharges forever Grantor from any and all present or future claims or deanands,and any and all damages, loss, IDjUry, hability, claims or costs, IDcludmg fines, penaltaes and judgments, and attorney's fees, arising from or an any way related to the condition of the Property or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any hazardous substances or contaminants in, on or under the Property Losses shall Include WIthout lanutation (a) the cost of any investigation, removal, remedtal or other response action that is required by any Environmental Law, that is required by judICIal order or by order of or agreement WIth any governmental authority, or that is necessary or otherwise IS reasonable under the CIrcumstances, (b) capItal expendItures necessary to cause the Grantol's remainang Property or the operations or business of the Grantor on Its remaarung Property to be. an compli8nce with the requirements of any EnVIronmental Law, (c) losses for Injury or desth of any person, and (d) losses ariSlDg under any Envaronmental Law enscted after tnansfet The rights of Grantor under this section shall be in addition to and not in lieu of any other nghts or remedIes to whach it may be entatled under this document or otherwase This andernruty specifically Includes the obligatIon of Grantee to remove, close, remedlate, reunburse or take other acbons requested or required by any governmenta1 agency concerning any hazardous substances or contaminants on the Property BNSF 01728 Renton, WA 2 The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order, judgment, decree, injunctton or common law pertaining in any way to the protection of human health or the envuonment, including without hmitation, the Resource Conservation and Recovery Act, the Comprehenstve Envuonmental Response, Compensation and LIability Act, the Toxic Substances Control Act, and any sunilar or comparable state or local law The term "Hazardous Substance" means any hazardous, toxic, radioactive or infecbous substance, material or waste as defined,. listed· or regulated under any EnvIronmental Law, and mc1udes WIthout 6mitatlon petroleum oil and any of its fractions TO HAVE AND TO BOLD the Property, together with all the appurtenances thereunto belongmg, unto the said Grantee, its successors and aSSIgns, forever IN WITNESS WHEREOF, the said Grantor caused this JPStrument to be signed by its autbonzed representative, attested )Ytts AssIstant Secretary, and its corporate seal to be affixed hereto on the 3 n::t day of klpc;/ . 2000 BNSF01728Rmton. WA 3 THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY BYA~~~ D P clIJIeid General Director Real Estate ArrEST: By &,'u41ttu=A41~h > PatnCla Zbicho Assistant Secretary ACCEPTED: BITNEY COMPANY ~_ &Ll"'7 Tltle General Partner STATEOFWASBINGTON • • ss. ~ CO~OF~G • Q On this 30 day of bt. ~ . 2000, before me, the .... undersIgned, a Notary Public in and for the State of Was!ungton, duly conumsSloned and sworn, ~ personally appeared Dean Bitney, to me known to be the General Partner, of Bitney Company, ~ the company that accepted the foregoing instnunent, and acknowledged the 9II1d instrument to be the free and voluntary act and deed of said company, for the uses and purposes therem mentioned, and on oath stated that they are authorized to accept 9II1d instrument for 9II1d company official seal hereto affixed the day and year first above written My appomtment expIres I 0-.,. () -Q OIJe> BNSF 01728 &ntDll, WA 4 STATE OF TEXAS § §u. COUNTY OF TARRANT § On this 3 r4 day of . Ap.,q.j I . 2000, before me, the undersigned, a Notary Pubhc in and for the State of Texas, duly commissioned and sworn, personally appeared D P Schneider and Patncia ZbIChorslci, to me known to be the General DJreCtor Real Estate and Assistant Secretary, respectively, of THE BURLINGTON NORI'HERN AND SANTA FE RAILWAY COMPANY, the corporation that executed the foregoing instrument, and acknowledged the SIIId instrument to be the ftee and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated t/.Iat they are authorized to execute the said instrument and that the seal affixed IS the corporate seal of said corporation WItnesS my hand and official seal hereto affixed the day and year first above wnUen C~~ctL ..J" """-> Notary~n and for the State of Texas Residing at Fon Worth, Texas My apPOintment expires P", ! eA ", ;I 000 FORM APPROVED BY LAW BNSF 01728 Renton, WA 5 EXHIBIT "A" A 35 0 foot wide strip of land. situated in the NEY.NW~ and Government Lot 4 of Section 17, TownsJup 23 Nonh, Range 5 East, W M, Kmg County, Washington, being a portion of tho same property described in deed from Pacitlc Car & Foundry Company to Pacdic Coast Radroad Company dated November 26, 1926, and recorded m Volume 1354 of Deeds, page 8, Records of said County, lying between the Westerly margin of the original ngbt of way of the Columbia & Puget Sound Railroad Company's Newcastle Branch. as described in a deed dated February 9, 1885 from Theophilas Brown. reCorded in Volume 41 of Deeds, page 294 under Auditor's File No 13681, Records of said County, and the Easterly margin of Houser Way (formerly Railroad Avenue) vacated by Ordtnance No 2722 of the CIty of Renton, Washmgton, bounded on the North by the Easterly extension of the North line of Lot 14, Block 9, Car Works Addition to : Renton, and bounded on the South by the North nght of way line of Bronson Way ~ ~ Q Q 'dI .... 'dI c:> Q => => at BNSFOJ728RMton. WA 6 • ~ III- 8ronson .AI;. RENTON, KING COUNTY, WASHINGTON EXHIBIT UB n NWYif Sec. 17 Te3~R.sE Way F. NO. lNO-JO-0270 ACKNOI'ct.EOGMENT a A CITY OF RENTON o:.-.m oWl .-tIO'o£lI MS -..!:..tlAy f1F~ ma JJci.I ~ .fwot' __ .fIY z--. .... ~D f1F ,,--,,"iii MJ1'\*JC M'iiIcs ~ KING COUNTY DEPARTh4ENT Of AS5£SSMENTS WY Al'POINTWENT ACKNOI'ct.EOGMENT VOI../PAGE PORTION OF 2Ll/4 01 .lliL.l/4, S.J1_ T . ..kLN .. R.~ .. W.M. SCHEDULE B EXC£PTIONS, IrntS I THROUCH t-NON SlJR'lEY ITDlS. NOT PLOTTro HEREON. 11lJ.I ~STATEY£NT REGAADlHD POSSIBLE ~nON Of RCW 58.11 IN RElA TK»<I TO SEGRECA liON AND COH\'EYANC(. I!I THROUGH II-REGARDING SVRVEY, RIGHTS Of :s IN POSSESSION, LltftcanlED UDlS AHO .,~':·~A/ACSW SUR\'EYS NOT ~TlED HEREON. lQ-STATD.IENT THAT TAl( LOT '~174 IS NOT LEGAL DESCRIPTIONS PARCEL A: LOTS '4 AHO 1!S. 8LOCM: e, CAR WORKS AOOIl1oto1 TO RENTON, ACCORDING TO THE PLAT THEREOF' RECORDED IN 'lCUJ1r,I[ 15 ~ PlATS, PAGE 47, RECOFtOS or KINO COUNTY, WASHlHc;TOH; EXCEPT THAT PORTION OF LOT '5 L liNG WlTtiIN BRONsot( WAY NORTH, TOCi€lWEIt wnw THAT PORnQN rs: HOUSER WAY NORTH, AS VACATED BY an Of REHTotI ORDINANCE NO, 2n2 L'I1NO SET'fIEEN 'THE EASTERLY PftOOUCllONS OF' THE NORTH LINE OF' LOT 14 AND T1-I£ NORTH WAItQH Of BRONSON WAY t«JRTH. PARCEl 8: A 35.0 rOOT WOE STRIP OF' lAND SITVATEO IN THE SOUTHEAST OUARTER OF THE NORTH~T OUNITER (~T LOT 4) OF SECTlON 17, lOMGCP 23 NORTH. RAHGE 5 EAST, W ...... IN I<INO COUNTY, WASHINGTON, 8f]HO It PORTIOH Of tHE SAUE PROPERTY DESCRIBED IN O£ED FROW PACInc CAR AND rouNOfl'l' COWPAHY TO PAaFlC COAST RAILROAD COWPAHY DATtO HO'wDIB[R 28. 1 t2t\, AHD RECORDED IN VOI..UME 1354 OF DEEDS, PAGE B. RECOMIS OF SAl) COUNTY. l'lH; BETWEEN tH[ YlESltRLY WARQN Of mE ORIGINAL RIGHT i CF WAY OF THE COI.Ut.IBrA -'NO PUGCT SOUND RAl.ROAO COIIP .... ~S. ~WCASTL£ BRANCH, AS DESCRIBED IN A om DA 'nstJ,JARY II. 1885 fJlOM THEOPHIlAS BRQIIM, COROgY.N \O.U1oIE 41 OF DEEDS, PAC( 214 ~,'ft!C:ORtIII'IC HUU8EA 13881, REOOROS: OF' SAID COI.IHtY. ANO •• 11i[ EAS1tRLY WARGIN OF HOOSER WAY (FC:01UmtLV ttALROAO A1,OIUE) VACAtED BY OROIHNCCt ~ 2722 ~ M an OF RENTON. W'ASHINCTON. ;·'ttOuNo£Q-.'UN THE NORTH BY THE EASTERlY EXTENSION .,' or ~\roRTH UN£ OF LOT 14, 9l00< 9, CAR WORKS ",\ AODI}iON TO ROITOH AND 8CUHOEO ON THE SOOTH BY "-:. .,. .,' 'f1o.Ifi'NORTH RIOHT Of WAY UNE OF BA'OHSOH WAY. ITEN 17-CENERAL UDI ... ORTCAOt.·-ftECQIimING""'UYB£R .. ~· .," ,,' 11707JOO5il. RECORDS OF" KING COUNTY, W~GTO"~.{ .,:' .~PTlONS AAOW)£O BY LAYNERS TIll AGENCY Of .... : ••. ", ,:" ,:WASHIHCTON I.NOER ORDER HUYBtR 3JOISe2. DATtO IJN£ IlUIS 1B ll'flOUGH 21-R(SERVA'IlOHS ANI) NON '", { :." 10. 2003. PlOTASlE nEWs. • ' .... ,:~.?. ITDf 22-EASDoIENT FOR SEYlER PURPOSES, RECORDING NUWBER 5512.1i1l. RECOR:DS Of KlMG COUNTY, WA$HIIIGTON NOT Sl..fflClEHll Y DEsatIBED TO PLOT "ERECH. AQUIFER PROTECTION AREA NOTICE THE LOTs CREATED HEREIN FALL 'MlHIN Z0<4E 1 Of' RENTON'S AQUIfER PROlECf1ON AREA AND M[ SlJB.li:CT TO THE REQUIREt.IEHTS OF' THE CITY OF' RENTOH OROiNAHCE NO.4J87 AND AS AWtNOEO BY ORDINANCE 140 .• 740. nes aTY's sa...E SOI.RCE OF ORItOCING WAlER IS SUPPLIED FRot.! A SHALLOW AQUIFER UNOER THE CITY SlJRfA.CE. lM£R[ IS NO NATURAL SARRIER BETI\E£N 1Ht WATER TABlE AND (lROUHD SlJRFACE. EXTREME CARE SKOULD BE EXEROStD WHEN HANOlING OF ANY UOUID SUBSTANCE OlH(R THAN WATER TO PROTECT FRO&I COoiTACT WITH THE GROUND SURFACE. IT IS tHE HOIoIEOYINER'S RESf'ON9B1UTY TO PROlECT Tlit CITY'S DRINICIHG WA 'fER. RECORDER'S CERTIFICATE --= . .... " FlLEO FOR RECOftO THIS t£ DAY Of t:L....-..2'i.~ ":"'. .,' j: ::.= ." ,: .. )' "': .. AT.I>l All!..!;.'" """"i!.f: OFk-_" PA ........ " LAND SURVEYOR'S CERTIFICATE .... ' K1MBE;RLIN~ '":t .... THE REQUEST OF. 'v1CTOR J. BANKS TliIS LOT UNE AD""SNDll CORRECl\.Y REPRESENTS llti/S D R STRONG ., .. .' ..' '-SURVEYOFI S NAME ... 5UR~ .. ICE BY 101[ OR UNDER "Y OIR£CT SUPEIMSlo.. • • ~ It L ~J. .... COHf'CRWolHCE 'MTH tHE REQUlREiolDITS OIF 'tHE Cott~ £n~ Inc. -fwvn ,.1.0"_ _OP.",.."."'ll]" .. ''''... ......'......-. ...,..,.,.. ... AN SUPT. OF RE OS ORDINANCE IN 2O.!U.-1CIIOl1C"'1UICI,'" 101 -..... .. _ {j/J!l ~ ... (01) a7-JDI,) ,., leQ a7-MU /$ :P'~.et NO. .;;:~.';.~ .J' • '~, :'fi-" ... · .. 8,:r:" .... -s,.' :::~ .. J. '~~j';:' ., .... ~;, ........ DCIA&. 'A' • ~ NO. LUA-03-102-LLA ~,'-RECORO NO. LNO-JO-0270 ~ • ~I=W ~T,tQt1l -BRoNSOIi 'II" ~ CON TROL SCHEloiE (NOT 10 SCAl£) ~'ks-.n (\Si "",-N.) VOl./PACE s.--1L-T . ...bLN .. R.2-E.,W.M. t..:a: .. mrr. 10 to...tO Wi£!jI); • _-...,.",tIOC .. ttIMI 1M. I'tIU Cl')I'UTfllc:..r_IlUl:llD~ ~T; .,~;' li'l'TOfA,l:'SrATlON.wsED (ALl PHAS£S). ;ALL EQOtPw£NT tU.lNTJo.t£D IN ADJJSTWENT TO t.lANUFACTVRER .,\" SPEClflCATlOHS,:."t.IOST RECENT DISTANCE IolEASUREt.lEHT COMPARISON/ , ~T\lEHT:,:ro NOS (SAND POIHl) 8ASEUN[ IIIAY, 200J. I~ UETHOO WErTS OR EXCEEDS IoIINlIlUW ,,[OUIMWENl"S IN ......,. ............ ,. 332-130. CfNfRAl NOn:S' 0""" ,.,.""'" TAX LOT 13523OOe,S OA'vt KlW8ERUNC t12:i 7:ill-! A'oCruE COURT EAST PUYAU.UP, WA MJ71 .... CTOft BAMKS O.R. SlRONO CONSUL TWC ENGINEERS 10604 "t.[. lIITH Pt. .. SUITE 101 KlRXlAHl), WI.. *33 lOTAL lOT: tIoIPER .... OUS 10.313 S", SLRFAC£ ARU.. EX. BUII.OrNG 1,477 5.F. HOIHMptR'v'lOUS 20m SJ. "'" PARKING AREA 11.\58 S.F. PARKING SPM:tS 21 TOTAL Pl..ANTERS 1,91e s.f', .. , 20050222001038.00 Retarn Address: D. R. Strong Consnlting Engineers 10604 N. E. 38th Place, Suite 101 Kirkland, WA 98q33 _.doI ... .". ......... WASHINGTON STATE RECORDER'S Cover Sheet (Rcw uansactions CODtained tben:in): (aD ..... applicable lOyourdommen'l!!I!Il be fiIIccIiD) 1. Affidavit of Minor Correcti<!n of Lot Line Acljustment Nnmber(s) or Kimberling City of Renton Lot Line Adjustment, Recording No. 20031215900013 (Last name, first name, iniIiaJs) 1. D. R Strong Consulting Engineers, Inc. (Last II8IIIe first, then finrt name BDd iuitials) I. Public (abbreviated: i.e. lot, block. plat or section, township. range) POR OF SE 114. NW 114, SEC. 17, TWP 23N, RSE WM KIMBERLING LOT LINE ADJUSTMENT, RECORDING NO. 20031215900013 Additional legal is on page __ of doan"ent. Assessor's Property Tax Parcel/Account Number 1352300955 o Assessor Tax , not Y'" assigned not I am requesting an emergency an as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. ~ __ ~~~ ____________________________ ~SigruUmreof Requesting Party to • RETURN ADDRESS: D. R. Strong Consulting Engineers 10604 N .E. 38th Place, Suite 101 Kirkland, WA 98033 AFFIDA vrr OF MINOR CORREcrION OF MAP To: King County Auditor SE 114, NW 1I4,SEC 17, T23N,R5E, WM I, Victor J. Banles being first duly sworn on oath, deposes and says: ~) That I am a Professional Land Surveyor: that 1 made a survey of land for Dave Kimberling 20050222001038.00 which document was recorded on the 15th day of December, 2003, in book 165 on pages 215-216, Recording Number 20031215900013, Records of King County auditors Office, Seattle, Washington, said document being a City of Renton Lot Line Adjustment That there being a minor survey, spelling, mathematical or drafting error, or omitted signature which does not in anyway materially subvert the approval of the original document by changing lot areas so as to affi:ct zoning approvals, easements conditions of approval or access roadways, the affiant approves the following change to the aforementioned recordings as follows: To Wit The resultant lot to be identified on the map as "Lot A" and known as "Lot A of City of Renton Lot Line Adjustment LUA-03-102-llA, Recorded under Recording No. 20031215900013". STATE OF WASHINGTON, ) County of KING ) On this day personal appeared before me N N I rv to be known to tiC the individuallco mtion described in and who executed the within and acknowledged to me that (he/she).be..2 signed the same as yohmtaryact and deed fo~ purposes therein mentioned. oftWw ~ ~'1-k rYJ~:::.J:.1d!l>=..5L... ___ . ~~ raXIios.r ~\MtyU vL---.. 11011!: u.mlY Al_ . OlIO oopypcr "'WAC 332·j)().OS0(3}(e)",,!he w .. SUteDopt. ofNalllnll--=. Public DO Q.... A~ ".--.: .. UI .. OIIIqu."7t'\I(I\ i-' en c+ t-' trj -< trj t-' 'Tj t-' 0 0 ::0 "0 t'""' > Z ;; l\J 0 I > 68'-11" ,------'r ------ - - ---~!..J.I~~~ - - - - - ---- - - -- - - - - - - - - - - - ---7 .. " b. ~ ~~ • I I I I I I I I I I I I I I I I A 35'-9" 10'-0' pi ------ofs~~~~~~~~~~~~~~lit::c~===:JII·{ I I I ~ ~ • '" , , .. i ~ ~ 9'-10' 12'_0' SMEET Ct:»lT(~T FIRST LEVEL FLOOR PLAN PRC..£CT lITLE' FACTORY AVENUE NORTH &'-J" I I I AACHITEDI> I I I I I I I DAVID E. FALTER ~37 11'[51 "'DOD DllIVE N\i. DLII'If'I .... W .. ~8:10Z 36!l-Bf,i\,-IU3 PROJECT DIlt£R. STEVE OLYNYK I I I I I j if II 1/ l I I I I I I I REVISIONS, D~lE' D(SC~If>nlJNo ". N ~ 0- t""" ~ • -< ~ ~ J • • ~ ~ ~~ .~ ~ t""" ~ •• ~ ~ ~ • ~ ""':j t""" 0 ~ 0 ::0 'lj Y. R!li t""" ~ ;; :» ~~ Z ~ 9'-10' ". ~ ~ ~~ 5 .. SH£(T C!»IrENT .oRl;HITECH, REVISIONS, W i i SECOND LEVEL FLOOR PLAN DAVID E. FALTER IIArto D£SCR]f>TICW< ", • ~ 27J7 .... EST .... 0111) DRIVE Nlol. I ~ [LI~I"'.\I"~ PIIO.J[CT TITLE:O J(,O-8"-IU3 >-FACTORY AVENUE NORTH PROJECT O .... ~i!, STEVE OLYNYK 859 SQ. FT 816 SQ, FT. 870 SQ. FT. ~L. 3,394 SQ. FT. LIVING ROOM 859 SQ, FT. UNIT 3A BEDROOM ~2 LIVING ROOM 816 sa. FT. UNIT 3B DINING 3rd LEVEL FLOOR SCAlE 'Ii" _ )' Q" 2nd LEVEL 3859 SQ. IT. LIVING RDDM 870 SQ. n. UNIT 3C PLAN DINING LIVING ROOM 849 SQ. FT. UNIT 3D :z. BEDROOM It} " ~ oo@i ~" z. '" ;;; ~IO ~. '" ~~ '"'w ~;: !~ ... ~ tEl § '" ,., :i.Q .... ;~ ~>~:!i ~2S~~~ ~ 0.. '" 0 0 '"' r.. 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IJA. 9~02 i ~J£r.T TITL£, 3600-866-!X3 REVISIONS, MTt, iDESCRIPTltlllo ", FACTORY AVENUE NORTH PROJECT I STEVE OLYNYK ... ;o(lUdll1JS)[l '31\111 'SNO!SII\]~ )IANA10 ~A~~,~ .LJ3rOlld H.LlION ~nN~AY AlIO.L:JYII i1OI:Bfi ........ 'Vlo/M["l] ' .... N 311.lall QDOI'I is:!/'\. LUi! 1I~.L1YII .~ mAya otIJJ1!lQ~" I , 'I I , I . .' , I ! I, I I i -3"11.11 l~]rtl!Id is o NOI.LYA~~ .LSY~ ~ ~ lNJ1~ J.l:J-iS ! iI. z o ------------_.....-.cr ~ DNOH.LS 11 "a ~MI i , - J'Zf18'BZC"gs,. 99086 "fA 'NOJ.NHH 0011 'N AVA NOSNOH8 ei:TZl )I)'NA70 JAJJ.S "N "3"A' J.NCJJ.:JY.l BOr )'JAlinS :JIH'd'tI/90dOJ. ...... ... l!ANA10 3A3.LS QlJIoII\D ~"~1-99IH'9C all'OO6 '\I,.. '\1[""'1""0 · .... to 3N1Ia (1001'1 IS]'" £ta oJ«<lHdlIlJ$)tI oliva 1I3.L1VIi ':!I mAya 'sNorsr/\]~ oHJJIIH3It\I If<u/l-fA H.T SITf< (lS1 AyE N.) J BRONSON WAY / / / I 1:J3rOlid HlllON N t SUIl,,'·20" h : , "I 30N3AV AlI01:JVIi <r: -]1UI lJYD~d ~ I ~~ i NVld :!I.L1S " ~ ~ '""'" ~ . ~~ HHINDJ 13]HS en .r. 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S I. ;~ ~ IDi llj,s 'I E I ~. ~~ L~t -, -ci-E , I -~'l II. , I ..l.. i- T Ii , -r -i II I! , 'i ~ I l~ ;-!; lL. CI) .= ~ w o ~ > ~ -c,j (.) ! ??f~! ill!: ·bl ,"; I I!I t !!i,i :lll i!~! I; I ;I! ~ · :t'l :II~ 'j I :, i ~ I' II!!!I I!'il :11; !! ~: :I~I • ~ ~Id:i !III! ;hlll;, I; ilil --. ~,~ ----!!:!!!<.J ....... I .. "'1 5... = l~oo.:71 ,--..... --I ...J • , Q. ,"-', --.... -~-, ", '~; \ I CO! ' . '" " u .-:\ "Z \ ~ \ '!~1~~i! --- 0 . I ; > ',', I "I . ; , ! • , , . ~ • ; ; I n , , . ~ , I I ! ~ , , ! " COVER SHEET BUILDING CODE AND OCCUPANCY AREAS ~ PROJECT INFORMATION " " FACTORY AVENUE PROJECT - u 15t LEVEL ~" a" JURISDICTION: CITY OF RENTON RETAIL 1564 SO. FT. v; OWNER: STEVE OLYNYK TAX PARCEL: #1352300955 2nd LEVEL ;; - 1222 BRONSON WAY N. ZONE: CA MEDICIAL 2052 SO. FT. w" Q'~ SUITE 100 SITE AREA: 14,656 OFFICE 1131 SO. FT. RENTON, WA. 98055 BUILDING FOOTPRI~ T: 3,859 SO. FT. 3rd LEVEL PHONE: 425-228-2824 BUILDING HEIGHT: 41 ' RESICENTIAL UNIT A 859 SO. FT. BUILDING AREA 15t LEVEL: 2418 SO. FT. RESICENTIAL UNIT B 816 SO. FT. ARCHITECT: DAVE FALTER BUILDING AREA 2nd LEVEL: 3859 SO. FT. RESICENTIAL UNIT C 870 SO. FT. XXXXX BUILDING AREA 3rd LEVEL: 3859 SQ. FT. RESIDENTIAL UNIT 0 849 SO. FT. OLYMPIA, WA, 98502 p: TYPE OF CONSTRUCTION: V 1 HOUR '" ;.: PHCNE: 360-866-1263 OCCUPANCY: OCCUPANCY: ... ~ "" 1 st &2nd FLOORS B ... CIVIL ENGINEER WARNER ENGINEERING 3rd FLOOR R-2 "-~ 2709 JAHN AVE. ~W. SPRINKLERS: BUILD/DESIGN ARCHITECUAL DRAWING INDEX ..; 0 TRENT WARD FIRE ALARM: BUILD/DESIGN '" GIG ~ARBOR, WA. 98335 '" > TOTAL PAVED AREA: 9140 SO. FT. COVER SHEET ~ .'" PHONE: 360-253-858-8577 LANDSCAPE AREA: 1750 SO. FT. 1 STRUCTURAL/GENERAL NOTES .... 1A SITE PLAN '" ~Ul STRUCTURAL ENGINEER: Me SOUARED 2A FLOOR PLAN 1 st LEVEL 3A FLOOR PLAN 2nd LEVEL ... MIKE SZRPMEK PE 4A FLOOR PLAN 3rd LEVEL U 1235 EAST 4th AVENUE 5A WEST ELEVATION '" .., OLYMPIA, WA. 98506 6A SOUTH & NORTH ELEVATIONS 0 7A EAST ELEVATION p: 360-352-2044 1L LANDSCAPING PLAN 0.. DESIGNER: AL .JOHNSTON DESIGNS ::t: ... 6928 15th AVENUE S.E. p: , 0 LACEY, WA. 98503 ~ ~ Z 360-458-4600 '" ~ => SURVEYOR: D. R. STRONG ENGINEERING ... Z VIC BANKS '" ~ 10604 NE. 38th PLACE, SUTIE 101 STRUCTU~AL DRAWING INDEX '" ::t: KIRKLAND, WA 98033 ~ Ul >< 1 of 1 SURVEY 3p: p: 0 SEWER DISTRICT: RENTON SEWER DISTRICT 12al~ 1 of 5 CIVIL NOTES e", ... ~ 2 of 5 CIVIL PROJECT BASE MAP 8> U .3 of 5 CIVIL SITE 1M PROVEMENT PLAN eO ... WAER DISTRICT: RENTON WATER DISTRICT 4 of 5 CIVIL DETA LS ~U "- Ii 5 of 5 CIVIL EROSION & SEDIMENT CONTROLS .,,~ FIRE DIST KING COUNTY FIRE DIST. L-1 LANDSCApE DESIGN ...... ..(lHNST[tI OCSIGH£II RENTON SCHOOL OIST. ~NTON ~Vf. Ii CIVIL DRAWING INDEX DATE: I/IOM Cl.0 EXISTING CONDITIONS & EROSION CONTROL PLAN SC~LE: C 1.1 EROSION CONTROL DETAiLS & NOTES II.' • 1"-0- VICINITY MAP C2.0 GRADING & PAVING PLAN st-£E:l" C2.1 PAVING O[lA'LS C3.0 SANIT/I.RY SEWER & WATER PLA.N COV ER C.3.1 WATER DETAILS & WATER MAIN PROFILE C3.2 SANITARY SEWER DETAILS & NOTES ---_ .. _-- ,----------,1'\7 \.~r;~._o. .-COttC. SUB -- ".-re>< .... """,,<m; TO lOCK .. T( ClOSEO TRASH ENCLOSURE PLAN VIEW SCALE 1/"-_ "-0' NOTE SIDING <Ie 1ll1~ TO I.I~TCH STDR~ IN "'.TERIAI..S '" COWR , == ""c~ Wia J :=-~--~W 'l ,..--rr== TRASH ENCLOSURE GATE SCOil 1/4" R ,'-0· NOTE: "ll WOOD w..TERW.S EXPOsED TO THE WLlTHt:R Wlll BE I I I I I I I I I I I I P!>ESSUR£ TIl£AT[O J e-Vl z 'i' " ~ Z w > " >-frO 2 u " L ALL EASEMENTS T CITY WATERLINE ~A.~I~M~ASTERlY OF THES I ' INCL I NT WILL BE E LINES W c ~_. "I , ,l~J~: ~ .,,' CO "C::':::~;'::;" 'r G --,-----.__ _ CEDAR FENCE 6 SS 12396 0';; I' i G1i "~i' ~ ~.-,~ ,_m",,,", .c LJ I , 10" I" ,.~.-~ a!f! ILl' 1'S/: / , ,,,, " ,," ' / N Y X ~ ~ ~ Ol Z'J,~· C) C) I _ -:-x_ [/ / I ~o "'0 "x ~.x ",,! "'~ z;" co. ::i"n ~' ~, t[J" I~I o..NIrf:N a:~ ~~ ~.~ ~~ ~~ ~~I~~ ~~,~_~_r:~i~\rO;:'~/'i8' ~;P:~f-/0'/ I NOTE: en cu ;, cu ~ 0. 0. N "" CO 0 D ~"" ~,x _ -, '//.';;' [;_t-r-..... . ... '" / , • ,_ 8-:D" , ff rt/ ! ' ':'ITX I 'I' if I , I A5PM.'.\.' CO~P , / I; 1'1':; I , , " ,,,,," I ---,!PPER LEV N PARKING / 'i'/ / ," ,<_._" .~ ""' _ m',"" t, I N ~"I II ' II ,y J'---:"1/" / "" STRUCTURED z,~ 5 " / /". " .~ __ UI~DER Buttl~~ING ~: ' I PAR G ' /' ,1.1-.._ / :-cc~9 / , ,,~~~,_,,~ ~"< _ m.' I· r <" . ct ----~ ~ COtAP (T -/. ' !~'~,( ~'.};-/ . (1 . n -J5" <. I ., / . p~d PAR,K'NG ; U C)6 PAC,,' --'-II /,· .... 1 :"f ;" , I ~; .~ , 3 C' i-. , I w'" , , -I"""" -\' I !,.., II Il$.PARKING -j ! /-' ,~ " " __ '" ' !" 3''" "or''' D· I N j t , ~r'F~ I fig' I I fJ/! .... 1,1 /.//3/ ." II-=-~ L', 1 1-0 , •. ' / / ' ---'! ~ ~,/ ,9' / "C~' I / 5 ,,-IJ---"J~/ ___ ~_,' ,T7' " -'~~ , '-,-", , ~ __ • 0" ~8 ~ '-i. .... r ,0 .. " ,". 2(l" ~-. --,.--" SITE PU\N 1" ~ 20'-0" PARCEL # 1352300955 ~ ~ z • "~~ ! ~I "' '" E-"' ..Jj .,,' >-~> z • ::; .'ru ~B~ 0 Q' M " '" -:>~ ~ :d ,> ,'" -< g;'f' 'E-O d~ ~Ul E-U '" ~ 0 "' 0- :I: E-"' 0 Z "' ::> z '" > Z ." j >- 0-0", ~o '" 'E- t: uU « m ~~ ~, ,//'4,\: ~~ .--;,olir;!!t"~ .. // I~] 'OO~"". BRONSON W~'{ (151 ~'i( N) 1 j'!;PARK -~ ._.od'~ , l' ING R ~tAF;:;:;~----- "'" ",""'.l~ ~ _________ -------------------I"t EOUIREMENT -------Ib-' cc __ .--_______________ --. ec"-_... • •••• _"" ", ' '"" "0"' S S nd LEVEL MEO PACE ""' ICAl 3rd LEVEL OFFICE (4) RESIDENTIAL UNITS 1564 SQ. F1. 2052 SQ. FT. 1131 SQ. FT. (4) UNITS TOTAL REQUIRED TOTAL PROPOSED 6 10 5 _7_ 28 26 AL JOKNSTON DESIGNER DAlE 1/)0/0'5 -SCALE 114" R 1'-0' I~'~ ,m REMARKS: IT WAS NOTED AT OUR PRE-APPLICATION MEETING SOME PARKING CREDIT COULD BE GIVEN FOR STAGGERED PARKING DEMAND FOR APARTMENTS. SHEET 1-A ~ SPACES PROPOSED 6 STRUCTURED, 2 DISABLED, 8 COMPACT, & 10 STANDARD CIT'F'OF RENTON Jim Strehlow . R~inier Pacific Bank 1900 S 3'20th St Federal Way, WA 98003 Subject: Release of Assignment of Funds Temporary Certificate of Occupancy Olynyk Building, B050190(LUA05-043)· , 108 Factor" Ave N Renton;WA· Dear Mr,Olynyk: Department orCommunity and Economic Development Alex Pietsch, Administrator This letter will serve as authority to releflSe the Assignment of Funds in acc~unt number · 761643 in the amount of $15,000.00. ThisAssignnieilt ofFund~ was.posted with the City ·ofRenton on behalf of Steve Olynyk on March 28,2008. The origimll.securitydevice is enclosed for your files, .. .. .. . If you have any questiofls,please contact me. at (425)'430"7280;· · -"... -." .. - · Sincerely,'" .. Nt;; U);tt;' :+0) Larry Meckling Building Official.· Cc:SteveOlynyk 108 Factory AveN. , Rentqn, W A 98057 ·Aineta Henninger, Engineering Specialist File LUA05·043 ... . " -... , .. ,:: ',' " · ... ... Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 1111111111111 0000426 43,00 BILL OF SALE Proj Name: \()~ ~N _ Prope,'ty Tax Parcel Number: /35'2 Project File #: Street Intersection: t'(t..Jca ~ eS:t~I$tI ~ Address: j0f P'1llk Reference Number(s) of Documents assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): 1. Steve Olynyk I. City of Renton, a Municipal Corporation 2. The Grantor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the Gnntl'e. as named above, the following described personal property: WATER SYSTEM: SANITARY SEWER SYSTEM: STORM DRAINAGE SYSTEM: Size =i=' LF.of --yll L.F. of i f(1I ' L.F. of <3" 11-" ., eachar ~Ln l' GateVaJves each of (j):1J II) "Ii" Gate Valves each of Fire Hydrant Assemblies Water Main Water Main Water Main Sewer Main Sewer Main Sewer Main "' ____ ,. Diameter Manholes -,,, ___ " Diameter Manholes _-'-___ " Lift Stations ~ ___ .__ Stonn Main Stonn Main Stonn Main Storm Inlet/Outlet Storm Catch Basin Manhole STREET IMPROVMENTS: (Including Curb, Gutter, Side,valk, Asphalt Pavement) Curb, Gutter, Sidewalk ;).51 L.F. Asphalt Pavement: SYor L. F. of Width STREET LIGHTING: ~ # of Poles d- By this conveyance. Gr'Ullor will warrant alld defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, laVtfull 'dalOlIIl or to claim the samc. 1111S conveyance shall bind the heirs, ..:!"\ccutors. administrators and assi liS forcver. &002'-et:'l CJ.(; cr be... O:\Fonns\PilPW\BILLSALE2.DOC\bh Page 1 • IN WIlNESS WHEREOF, said Grantor has caused this instrument to be executed thiliZ( day Ofl¥."~1L 20Q$ Notary Seal mllst be within box Notary Seal must be within box O:IFonnsIPBPWlBILLSALE2.DOClbh i U.e- END ~lDUAI. FOR.lf OFACKNOWLEDG,t/E/'IiT STATE OF WASHINGTON) SS COUNTY OF KING ) /1'\ r I certify that I know or have satisfactory evidence that <f'L-f I}f(d,l{~ Ie!:. -;_-;-,.--;-:c-c-;-;,.-,;_;:;--,-;,-_--;--;----,-_signed this instrumenl~nd U acknowledged it to be hislher/their free and voluntary act for the uses and purposes mentioned ~t S t..-- Notary Public in and for the S~fe of Washington Notary (Print) iF a tiPf2-Sl± My appointment expires:_...1-3,,-,-' .<;1.g~o:JIC,!f.~------­ Dated: 3. ·of?, Notary Public n and for Xtate of Washington Notary (Print) Eft /J R.S"" My appointment expires: :3. r· 201 z., Dated: 3· Z. • C6 CORPORATE FORM OF ACKNOWLEIJGMENT STATEOFWASHINGTON )SS COUNTY OF KING ) On this ___ day 01' _____ • 20 __ , before me personally appeared -:-___________________ -;::;--_to me known to be of the corpomtion that executed the within instrument, Ilnd acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) __ -:----___________ _ My appointment expires: ___________ _ Dated: Page 2 Date: To: From: .& • CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM July 14, 2005 City Clerk's Office Stacy M. Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Factory Ave N Mixed-Use LUA (file) Number: LUA-05-043, SA-A, ECF Cross-References: AKA's: Factory Ave Mixed Use Development, Factory Mixed Use Development Project Manager: Jill Hall Acceptance Date: April 19, 2005 Applicant: AI Johnston, AI Johnston Designs Owner: Steve Olynyk Contact: AI Johnston, AI Johnston Designs PID Number: 1352300955 ERC Decision Date: May 17, 2005 ERC Appeal Date: June 6, 2005 Administrative Approval: June 7, 2005 Appeal Period Ends: June 21, 2005 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Site Plan Approval for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currently located on the northwest corner of the site and is proposed to be removed. Ground floor area will be 2,418 square feet of retail space, second floor area will be 3,859 square feet of office space, and the third floor area will be 3,859 square feet and consist of 4 reSidential dwelling units. A parking modification was requested to reduce the number of required parkina spaces from 28 parkina spaces to 26 parkinq spaces. Location: 108 Factory Avenue N Comments: Jack A. Lyons 15002 135th Avenue SE Renton, WA 98058 tel: 206-228-4505 (party of record) Updated: 05/19/05 .-.i PARTIES OF RECORD Factory Ave N Mixed-Use Proj. LUA05-043, SA-A, ECF AI Johnston AI Johnston Designs 6928 15th Avenue SE Lacey, WA 98503 tel: 360-458-4600 (applicant / contact) Steve Olynyk 1222 Bronson Way N Renton, WA 98055 tel: 425-227-2824 (owner) -. (Page 1 of 1) j~R Kathy Keolk(r-Wheeler. Mayor June 22, 2005 AI Johnston AI Johnston Designs 6928 15th Avenue SE Lacey, WA 98503 SUBJECT: Factory Avenue Mixed-Use LUA05-043, SA-A, ECF Dear Mr. Johnston: C:HTY )IF RENTON PlanningIBuildingIPublicWorks Department Gregg Zimmerman P.E., Administrator This letter is to inform you that the appeal period has ended for the Administrative Site Plan approval. No appeals were filed. This decision' is final and application for the appropriately required permits may proceed. The advisory notes and conditions of approval listed in the City of Renton Report and Decision dated June 7, 2005 must be adhered to during construction and prior to final inspection. If you have any questions regarding the report c:lnd decision issued for this conditional use permit, please call me at (425) 430,721.9. ' Sincerely" 12 (JJJ #-J-' t:1 JHI Hall Associate Planner cc: Steve Olynyk / Owner Jack A. Lyons / Party of Record ------------1~O~5~57So-u~th~G~ra~dy-=W~ay~-R~e-n-to-n~.W~as7h~in-g-to-n~9~8705~5~-----------~ * This paper contains 50% recycled material, 30% ~tconsumer AHF.AD OF THE CURVE , Kathy Keolker-Wheeler. Mayor June 9,2005 Al Johnston Al Johnston Designs 6928 15th Avenue SE Lacey, W A 98503 CITY )IF 1RlENTON PlanninglBuildinglPublicWorks Department Gregg Zimmerman P.E.,Administrator RE: Factory Avenue North Mixed-Use LUAOS-043,SA-A, ECF Dear Mr. Johnston; Comments regarding the Factory Avenue North Mixed-Useproject were received from the police department after the 14-day comment period that ended on May 3,d, 2005. Please find the attached comments.from the police department regarding recommendations for securing the project site during and after construction. If you have any questions regarding these comments, feel free to contact me at (425) 430- 7219. Sincerely, (h/~ ~illHall Associate Planner Enclosure ----------~1~O~55~So-u~th~G~r-a~dy~W~ay--~R~e-n-to-n.~W7.a-s7hl~'n-gt-o-n~9~80~5~5-------------~ ® This paper contains 50% recyded material, 30% post consumer AHEAD OF THE CURVE , PROJECT LUA-05-043, SA-A, ECF Factory Avenue North Mixed-Use Project City of Renton Department of Planning I Building I Public Works ENVIRONMENTAL & DEVELOPMENTAL APPLICATION REVIEW SHEET (Continuation) POLICE RELATED COMMENTS 5 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most commonly reported crimes in the City. To protect materials and equipment it is recommended that all materials and tools be locked up when not in use. The site should have security lighting, and any construction trailer or storage area should be completely fenced-in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective criminal and will demonstrate that the area is private property. Construction trailers should be kept locked when not in use, and should be fitted with heavy-duty dead bolts with a minimum 1-1/2" throw when bolted. Glass windows in construction trailers should be shatter-resistant. Toolboxes and storage containers should be secured with heavy-duty padlocks and kept locked when not in use. "No Trespassing" signs should be posted on the property during the construction phase. These signs allow· officers, upon contact, to provide a verbal warning to trespassers that should they be contacted on the property again, they could be cited and/or arrested. COMPLETED COMPLEX All exterior doors should be made of solid metal or metal over wood, with heavy-duty dead bolt locks, latch guards or pry-resist~nt cylinders around the locks, and peepholes. If glass doors are used, they should be fitted with the hardware described above and additionally be fitted with a layer of security film. Security film can increase the strength of the glass by up to 300%, greatly reducing the likelihood of breaking glass to gain entry. Access to the back o(thebuildings should be limited, preferably with security fencing; as these areas could be vulnerable to crime due to the lack of natural surveillance by business customers or tenants. It is recommended that the commercial areas be monitored with recorded security alarm systems installed. It's not uncommon for businesses to experience theft and/or vandalism during the hours of darkness. An auxiliary security service could be used to patrol the property during those times. It is important to direct all foot traffic into the main entrance of the building. Any alternative employee entrances should have coded access to prevent trespassing. Security Survey Page 1012 05-043 • If there are payphones in /Llusiness complex, it is recomm\.. .. Jed they be outgoing use only. Public payphones tend to attract drug traffic and having only the ability to call out on payphones severely hinders this type of activity. All areas of this project need to have adequate lighting. This will assist in the deterrent of theft from motor vehicle (one of the most common crimes in Renton) as well as provide safe pedestrian travel for customers of the complex. . The structure should have a building number clearly posted with numbers at least 6" in height and of a color contrasting with the building. Unit numbers for the dwellings should also be illuminated so that they are easily located. This will assist emergency personnel in locating the correct location for response. Landscaping should be installed with the objective of allowing visibility -not too dense and not too high. Too much landscaping will make customers, employees, and tenants feel isolated and will provide criminals with concealment to commit crimes such as burglary. It is key for a business complex of this size to have appropriate lighting and signage. "No Trespassing" signs should be posted in conspicuous locations throughout the property, including entrances to the property and parking areas. I highly recommend that the developer have a Renton Police Crime Prevention Representative conduct a security survey of the premises once construction is complete. Security Survey Page 2 of2 05-043 ti~~ Kathy Keolker·Wheeler. Mayor June 7, 2005 AI Johnston. AI Johnston Designs 692815'h Avenue SE Lacey, WA 98503 SUBJECT: Factory Avenue North Mixed-Use LUA05-043, SA-A, ECF Dear Mr. Johnston: CITY :IF RENTON PlanningIBuildingIPublicWorks Department Gregg Zimmerman P.E., Administrator This letter is to inform you that the appeal period has ended for the Environmental Review Committee's (ERC) Determination of Non-Significance -Mitigated for the above-referenced project. . No appeals were filed on the ERC determination and this decision is final. Also, enclosed is the Administrative Approval of the Site Plan and therefore, you may proceed to apply for the appropriately required permits. . The applicant must comply with all ERC Mitigcition Measures listed in the Environmental Review Report dated, May 16, 2005 and the Site Plan Conditions of Approval in the enclosed Administrative Report and Decision .. If you have any questions, please feel free to contact me at (425) 430-7219. For the Environmental Review Committee, /'1 . <-1--'.. t? J ()uJ 716VVL ~IIHall Associate Planner· cc: Steve Olynyk I Owner Jack A. Lyons I Party of Record Enclosure· ------1"'0"'5.,-5 "-So-u-'th:-a""r-a"C"dy-WCCC"ay---=R=-e-n-to-n-=, W~as-ch:-in-g-to-n-=9"C"8""05-5-------~ ® This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE REPORT City of Renton & Department of Planning / Building / Public Works DECISION ENVIRONMENTAL REVIEW & A DMINISTRA TlVE LAND USE ACTION DECISION DA TE: June 7, 2005 Project Name: Factory Avenue North Mixed-Use Owner: Steve Olynyk 1222 Bronson Way N Renton, WA 98055 Applicant: AI Johnston AI Johnston Designs 6928 151h Avenue SE Lacey, WA 98503 File Number: LUA05-043, ECF, SA-A Project Manager: Jill Hall, Associate Planner Project Description: The applicant is requesting Administrative Site Plan Approval for the construction of a 10,136 square foot 3-story mixed use building and associated parking and landscaping on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currently located on the northwest corner of the site and is proposed to be removed. The proposed ground floor area would be 2,418 square feet of retail space, the second floor area would be 3,859 square feet of office space, and the third Iloor area would be 3,859 square feet and consist 01 4 residential dwelling units. Project Location: 108 Factory Avenue N Exist. Bldg. Area SF: 2,493 sq. It. to be Proposed New Bldg. Area: 10,136 sq. It. dernolished Site Area: 14,656 sq. It. (0.3 acres) Total Building Area SF: 10,136 sq. ft. -4: "D ullkl ! Z,.,., A~. >-'" 1-t.lM.1!>E R.. / 0 t- U <{ , "- :-i-..:... c-c..:::: t , '5IT~ 1,/ ftlIWI-M ItItT N j If -, .'! ~ 5 , ' , -- BRONSON WAY (1S1 AVE. N.) d I .1 Project Location Map SA-A05-043.doc City of Renton PIBlPW Department Factory Avenue North Mixed-Use REPORT AND DECISION OF June 7, 2005 .ninistrative Site Plan Staff Report LUA05-043, ECF, SA-A Page 2012 II PART ONE: PROJECT DESCRIPTION/BACKGROUND The applicant is requesting Administrative Site Plan Review in order to construct a 10,136 square foot three-story mixed-use building and surface parking for 19 cars. A total of 6 vehicles will park under the structure, The subject site is located at the northeast corner of the intersection of Factory Avenue N and Bronson Way N. The Burlington Northern Railroad right-of-way is located along the site's eastern property line, The parcel is zoned Commercial Arterial (CA) and is 14,656 square feet in area. An existing structure to be removed is located on the northwest corner of the site; the rest of the site is primarily pavement with overgrown brush. The site is relatively flat with a maximum elevation change approximately three feet. The site is located within Aquifer Protection Zone 1 and is within a seismic hazard area according to the City of Renton Critical Areas Maps, The landscape plan indicates the perimeter of the site will be landscaped primarily with flowering pear trees, additional landscaping primarily of various shrub species, lawn, and ground cover will be planted within the parking area and adjacent to the proposed structure. The structure is proposed at a height of 41 feet. The front of the proposed building is oriented to the west, towards Factory Avenue N and the rear of the building faces the parking area and the Burlington Northern Railroad right-of-way, Overhead power lines run along the east side of the property and indicate the location of a probable easement. Bronson Way N runs along the south property line of the subject site. Access to the site will be through a driveway located along the northern portion of the site onto Factory Avenue N. A majority of the parking spaces provided are located along the northern portion of the subject site, where the proposed driveway access is located. Additional handicap and compact parking spaces are located along the eastern portion of the subject site. The applicant is requesting modification to the parking code to reduce the number of parking spaces required for the proposal due to the residential units and the proposed office and retail uses having dissimilar hours for the purposes of parking demand. II PART TWO: ENVIRONMENTAL REVIEW A SEPA Determination of Non-significance -Mitigated was issued on May 23'd, 2005, II PART THREE: ADMINISTRATIVE LAND USE ACTION -REPORT & DECISION This decision on the administrative land use action is made concurrently with the environmental determination. A, Type of Land Use Action XX Site Plan Review Shoreline Substantial Development Permit Conditional Use Binding Site Plan Special Permit for Grade & Fill Administrative Code Determination SA-A05-043.doc City of Renton PIBIPW Department Factory A venue North Mixed-Use ninistrative Site Plan Staff Report LUA05-043, ECF, SA-A REPORT ANO DECISION OF June 7, 2005 Page 3013 B. Exhibits The following exhibits were entered into the record: Exhibit 1: Yellow file containing: application, proof of posting and publication and other Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: documentation pertinent to this request. Site Plan (dated January 10, 2005). Landscape Plan (dated May 11,2005). First Floor Plan (dated January 10, 2005). Second Floor Plan (dated January 10,2005). Third Floor Plan (dated January 10,2005). West Elevation (dated January 10, 2005). North and South Elevations (dated January 10, 2005). East Elevation (dated January 10, 2005). Topographic Survey (dated July 23,2003) Preliminary Construction drawings, pages C1.0 -C3.2 (dated November 17, 2004). Exhibit 12: Zoning Map Page F4 east (dated December 28,2004). C. Consistency with Site Plan Criteria In reviewing the proposal with respect to the Site Plan Approval Criteria set forth in Section 4-9-200.E of the Site Plan Ordinance, the following issues have been identified by City Departmental Reviewers: 1. Conformance with the comprehensive plan, its elements and policies; The subject site is deSignated Commercial Corridor (CC) on the City's Comprehensive Plan Land Use Map. The CC designation is intended to evolve from "strip commercial" linear business districts to business areas characterized by enhanced site planning incorporating efficient parking lot design, coordinated access, amenities, and boulevard treatment. The proposal is consistent with the following CC Land Use Designation policies: Policy LU-353. Structures at Commercial Corridor intersections should not be set back from the street and sidewalk so as to allow vehicular circulation or parking to be located between the sidewalk and the building. The location of the parking area is proposed to be at the rear of the subject site, would not be located between the sidewalk and the building on either the Factory Avenue N or Bronson Way N street frontages. The building will be sited at the southwest corner of the subject site near the intersection of the Factory Avenue N and Bronson Way N rig hts-of -way. Policy LU-358. Parking areas should be landscaped (including street trees, buffers, berms), especially along roadways, to reduce visual impacts. A landscape plan was submitted with the proposal that includes street trees and buffers along roadways, the Burlington Northern Railroad right-of-way, and the interior property line as well as within the parking area. See additional discussion in the landscape section. 2. Conformance with existing land use regulations; The subject site is designated Commercial Arterial (CA) on the City's Zoning Map. A mixed-use structure consisting of retail, general office, and residential uses is a SA·AOS-043.doc City of Renton PIBIPW Department Factory A venue North Mixed-Use REPORT AND DECISION OF June 7, 2005 ninistrative Site Plan Staff Report LUA05-043, ECF, SA-A Page 4 of4 permitted use within the CA zone, The compliance of the proposal with the development standards of the CA zone and Renton Municipal Code parking regulations is addressed below: Lot Coverage -The CA zone allows building coverage at a maximum of 65% of the lot area for projects not providing structured parking. Approximately 6 spaces are proposed to be located under the building; the remaining 19 parking spaces will be surface spaces. Based on the overall site area (14,656 square feet), the proposed 3,859 square foot building footprint would result in a 26% building lot coverage, which is well below the maximum coverage allowed in the CA zone. Density -The CA zone permits a maximum new residential density of 20 dwelling units per acre. Net density is a calculation of the number of housing units and/or lots that would be allowed on a property after critical areas and public rights-of-way and legally recorded private access easements are subtracted from the gross area (gross area minus streets and critical areas multiplied by allowable housing units per acre). Required critical area buffers and public and private alleys shall not be subtracted from gross acres for the purpose of net density calculations. The subject site has no areas that are required to be subtracted from the gross site area, therefore the proposal for 4 units on the subject site would result in a net density of 11.8 du/acre (4 units / 0.34 acres = 11.8 du/acre), which is below the maximum density permitted in the CA zone. Setbacks - A minimum 10-foot building setback is required from the front and side yard along a street property lines, which may be reduced to 0 feet through the Site Plan Development Review process as long as no blank walls are located within the required setbacks. No other setbacks are required for parcels not adjacent to residentially zoned properties. The applicant is proposing a reduced setback down to a minimum setback of 1 foot from the front (Factory Avenue N) and side yard along a street (Bronson Way N) property lines. The building elevations submitted by the applicant propose modulation of the walls within the required front and side yard along a street setbacks on Factory Avenue N and along Bronson Way N. The wall plane along Factory Avenue N is recessed approximately 8 feet at the primary entrance and 4 feet at the secondary entrance. Along Bronson Way N the wall plane is recessed 3 feet at the entrance. In addition the building elevations indicate that various building materials will be used to further add texture in addition to the proposed building modulation. Therefore staff supports the proposed reduction in the front and side yard along a street setbacks from 10 feet to a minimum of 1 foot. Landscaping -The CA zone requires a minimum of 10 feet of on-site landscaping along street frontages except where reduced through the site plan review process. The landscaping requirements apply to the subject site's Factory Avenue N and Bronson Way N street frontages. The applicant is proposing to reduce the 1 O-foot landscape strip down to as little as 0 feet along portions of the street frontages. Perimeter landscaping proposed includes maple and flowering pear trees, shrubs, groundcover, and lawn. An additional 13-foot strip within the Bronson Way N right-of-way will be landscaped with flowering pear trees and lawn. Expanded triangular shaped planting beds at the northeast and southeast portion of the site provide buffer from the railroad and Bronson Way N. Staff supports the proposal for reduced on-site landscaped areas along portions of the site's street frontages as the applicant has provided adequate perimeter and interior landscaped area. SA·A05·043.doc City of Renton PIBIPW Department Factory Avenue North Mixed-Use REPORT AND DECISION OF June 7, 2005 ninistrative Site Plan Staff Report LUA05-043, ECF, SA-A PageS of 5 Additional landscaping requirements applicable to the site are found in RMC Section 4- 4-4-080.F.7 Parking Requirements. Within parking areas, any landscaped area shall be a minimum of 5 feet in width. A minimum of 15 square feet of landscaping per parking space shall be proposed. The proposed project requires a minimum of 26 total parking spaces, therefore a minimum landscaped area within the parking lot of 390 square feet is required (26 spaces x 15 square feet = 390 square feet). The landscape plan submitted by the applicant indicates that a total of 857 square feet of landscaping is proposed within the parking area, which complies with the minimum requirements. Street trees shall be planted at an average minimum rate of 1 tree per every 30 lineal feet of street frontage. The site plan indicates the proposed parking lot has a 52-foot lineal street frontage along Bronson Way N, and 67 feet of frontage along Factory Avenue N. Therefore, a total of 4 street trees would be required along the site's Bronson Way N and Factory Avenue N street frontages. The applicant has proposed a total of 5 street trees (Chanticlear pear and Autumn Blaze Maple) along both street frontages. The planting requirements for the interior and perimeter of the parking area are as follows: in addition to street trees, at least 1 tree shall be planted for every 6 parking spaces, shrubs shall be planted at a rate of 5 shrubs per 100 square feet of landscape area (50% of the shrubs planted may be deciduous), ground cover shall be planted in sufficient qualities to provide at least 90% coverage of the planting area within 3 years of installation, and no parking stall shall be located more than 50 feet from a landscaped area. The landscape plan submitted by the applicant is appropriate for the envisioned development and meets or exceeds each of these requirements. All landscaped areas are required to be irrigated with an underground irrigation system. The proposed landscape plan includes details for an underground irrigation system, which complies with this requirement. Height -The CA zone allows a maximum building height of 50 feet. The proposed 3- story structure would have a height of 41 feet to the top of the pitched roof, which is below the 50-foot maximum height permitted. Screening -The submitted building elevations indicate that there will be no visible rooftop equipment to screen. The site plan submitted indicates that a dumpster will be located near the southern property line, behind the proposed building. The proposed enclosure must be screened by a 6-foot high wall or fence. Screening details were submitted for the gate of the refuse and recyclable collection area, however details for the fence/wall surrounding the collection area were not submitted with the land use application. Staff recommends as a condition of site plan approval that the applicant be required to submit a screening and enclosure detail for the proposed dumpster that meets City standards prior to building permit issuance. Pedestrian Connections -All development in the CA zone is required to provide a direct and clear pedestrian connection from sidewalks to building entrances. The site plan indicates a direct connection via concrete walkways would be provided between the entrances of the proposed building and the existing sidewalk on Factory Avenue N. Parking -The parking regulations require a specific number of off-street parking stalls based on the amount of square footage dedicated to certain uses. Attached residential dwellings require 1.75 space per dwelling unit where tandem spaces are not provided, medical offices require 5 spaces per 1,000 square feet of floor area, general offices require a minimum of 3 and a maximum of 4.5 spaces per 1,000 square feet of floor SA·A05·043.doc City of Renton PIB/PW Department Factory Avenue North Mixed-Use REPORT ANO OECISION OF June 7, 2005 ,ninistrative Site Plan Staff Report LUA05-043, ECF, SA-A Page 6 016 area, and retail sales uses require a minimum of 4 parking spaces and a maximum of 5 spaces for every 1,000 square feet of floor area, RMC 4-4-080J requires a permanent off loading space be provided if the use contained within the proposed structure will require deliveries to or shipments from of people or merchandise, As the proposed structure will contain a retail use that will likely require deliveries of merchandise, an on- site loading space is required to be provided. As a condition of Site Plan Approval, the applicant shall submit a site plan showing the location of the required loading space. Based on the information submitted by the applicant, 1,564 net square feet of retail space, 2,052 net square feet of medical office, 1,131 net square feet of general office, and 4 residential units are proposed on-site. Therefore, a minimum of 26 spaces would be required and no more than 30 spaces would be permitted. In addition, the ADA regulations require that a minimum of 2 spaces be handicap accessible, The applicant requested a modification from the parking requirements to reduce the amount of required parking by 3 spaces. The applicant's justification for the reduce parking is that the residential uses will have dissimilar peak parking hours from the business uses. According to the applicant, the peak parking demand for the business uses would be between the hours of 9:00 am and 5:00 pm and for the residential uses would be between the hours of 6:30 pm and 7:00 am, Staff concurs with the applicant's request for a 3-space reduction in the amount of required parking. Therefore, the applicant is required to have a total of 23 parking spaces available onsite. All code required spaces must comply with parking regulations, which specify standard stall dimensions of 9 feet x 20 feet, compact dimensions of 8% feet x 16 feet, and structured dimensions of 8 feet 4 inches x 15 feet. An aisle width of 24 feet is required for 90 degree parking stalls. No more than 30% of the parking spaces provided may be compact spaces, ADA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent 8-foot wide access aisle for van accessible spaces, The proposed parking spaces meet the required dimensions. However, staff has concerns with regards to the proposed parking lot layout. It appears that the aisle width behind the southern most handicap accessible stall is 19 feet, which is less than the required 24 feet. However, if the location of the handicap stalls and the compact stall located to the north were switched so that the compact stall was relocated to the southern most position, the aisle width would be 23 feet which would be acceptable to staff. In addition, staff has concerns that the northeastern most parking space does not have adequate maneuvering space and should be eliminated. Therefore, staff recommends as a condition of approval that the location of the handicap spaces be switched with the compact stall to the north, and that the northeastern most parking space be eliminated and either striped for No Parking or landscaped, A revised site plan reflecting these changes should be submitted at the time of building permit review. 3. Mitigation of impacts to surrounding properties and uses; Currently, the subject site is developed with an existing vacant building as well as associated parking and overgrown brush. The proposal will improve the character of the site, as the proposal is to replace the existing vacant structure with a new mixed-use structure, associated parking, and landscaping, Impacts to surrounding properties and uses are expected to be minimal. SA-A05·043,doc City 01 Renton PIBIPW Department Factory Avenue North Mixed-Use REPORT AND DECISION OF June 7, 2005 .7Jinistrative Site Plan Staff Report LUAOS-043, ECF, SA-A Page 7017 There are potential short-term impacts to adjacent businesses and nearby residents (e.g., noise), which would result from the construction of the project. These impacts will be mitigated by the applicant's construction mitigation plan, which limits work and haul hours to those permitted by City Code. 4_ Mitigation of impacts of the proposed site plan to the site; The proposed structure will be located at the southeastern portion of the subject site near the intersection of Factory Avenue N and Bronson Way N. The structure will be located within the required 1 O-foot front and side yard along a street setbacks fostering a pedestrian friendly environment. In addition, adequate parking will be provided on-site for the patrons of the commercial uses and the residents of the dwelling units. The landscape plan indicates that sufficient street trees will be planted along the site's Bronson Way N street frontage to buffer the proposed structure from the noise and visual impacts of traffic on Bronson Way N. 5. Conservation of area-wide property values; The proposal would allow existing uses to continue operating in their present locations and provide additional retail square footage for new businesses. The proposal is anticipated to conserve or enhance property values in the vicinity. 6. Safety and efficiency of vehicle and pedestrian circulation; The proposed project would have direct access onto Factory Avenue N through a commercial driveway. In addition, existing sidewalks are located along the site's Factory Avenue N and Bronson Way N street frontages. This project may be required to install street improvements for this site as determined at building permit review. The project may be required to install additional streetlights for this site if the existing lighting does not meet current lighting standards. All street lighting shall be designed and installed per City of Renton standards and specifications. The proposed development is expected to maintain the safety and efficiency of pedestrian and vehicle circulation on the site. The applicant will be required to pay a traffic mitigation fee of $75 per new average daily trip. A traffic impact analysis prepared by Transportation Consulting Northwest on January 17, 2005 indicated that the proposed project would generate 27 new AM peak hour trips and 20 new PM peak hour trips. The project will also generate 239 daily trips, of which 54 are pass-by trips. Of the 239 gross daily trips generated by the proposal, it is estimated that 175 trips will be new net daily trips. Based on 175 new net daily trips, the applicant will be required to pay a $13,125 traffic mitigation fee ($75 x 175 = $13,125). 7. Provision of adequate light and air; The proposed building is designed appropriately to allow adequate light and air circulation to the building and the site. The design of the building will not result in excessive shading of the property. In addition, there is ample area surrounding the building to provide for normal airflow. A lighting plan was not subrnitted with the application materials. As a condition of Site Plan Approval the applicant shall provide a lighting plan that will provide lighting to adequately provide for public safety without casting excessive glare on adjacent properties at the time of building permit review. SA·A05·043.doc City 01 Renton PIBIPW Department Factory A venue North Mixed-Use REPORT AND DECISION OF June 7, 2005 ninistrative Site Plan Staff Report LUA05-043, ECF, SA-A Page 8018 8_ Mitigation of noise, odors and other harmful or unhealthy conditions; The proposal is not expected to create any harmful or unhealthy conditions. Noise, dust, and odors, which may result from the temporary construction on the site, will be mitigated by the applicant's construction mitigation plan and code requirements for the use of Best Management Practices. 9. A vai/ability of public services and facilities to accommodate the proposed use; Water -The site is currently supplied by and connected to the City of Renton water system. The project site is located in the 196-water pressure zone. The site is within Aquifer Protection Zone 1. Fire Flow available to the site is approximately 1,800 gpm. There is an 8-inch water main located within Factory Avenue N. The preliminary fire flow for the proposed project is 2,250 gpm; therefore the project requires the relocation of the 12-inch water main located to the east of the proposed structure. Any new construction must have one fire hydrant capable of delivering a minimum of 1,000 gpm and shall be located within 150 feet of the structure and additional hydrants (also capable of delivering a minimum of 1,000 gpm) within 300 feet of the structure. This distance is measured along the travel route. The number of additional hydrants required is dependent on the calculated fire flow. If the fire flow remains at 2,250 gpm, three fire hydrants will be required. Sewer -The site is currently connected to the City of Renton sewer system. There is an 8-inch sewer main located within Factory Avenue N. Commercial building sewers shall be a minimum of 6 inches in diameter at a 2% slope. Any use in the building subject to oils or grease shall require the installation of a grease removal system as determined at the time of plan review. Surface Water -There are storm drainage facilities in Factory Avenue N and in Bronson Way N. A conceptual drainage report prepared by Warner Engineering dated November 18, 2004 was submitted with the project application. The submitted report concludes that the proposed project will not add additional impervious surface to the site and is therefore exempt from stormwater quantity and quality improvements. The storm drainage for the site will sheet flow from the site into the Factory Avenue N right-of-way. Downspouts will discharge into the parking pavement area and sheet flow as well. The City's Plan review section has reviewed the applicant's drainage report and concurs with its conclusions. The site is located in Aquifer Protection Zone 1 and may be subject to additional requirements per City code. Constructed secondary containment may be required if more than 20 gallons of regulated hazardous materials will be present at the new facility (RMC 4-3-050H2d(i)). A fill source statement (RMC 4-4-060L4) is required if more than 50 cubic yards of fill material will be imported to the project site. Construction Activity Standards (RMC 4-4-030C7) shall be followed if, during construction, more than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site. Surface Water Management Standards (RMC 4-6-030E2 and 3) -Biofiltration, retention ponds, infiltration, and drainage ditched and channels are prohibited. New pipes shall meet pipelines specification in 4-3-050S. Impervious surfaces shall be provided for areas subject to vehicular use or storage of chemicals. This is not intended to be a complete list of the APA requirements nor does this information substitute for the full ordinance, it is only intended to guide the applicant to the City of Renton codebook. SA·A05·043.doc City of Renton PIBIPW Department Factory A venue North Mixed-Use .ninistrative Site Plan Staff Report LUA05-043, ECF, SA-A REPORT ANO DECISION OF June 7, 2005 Page 9019 10. Prevention of neighborhood deterioration and blight. No deterioration or blight is expected to occur as a result of the proposal. The site will be developed with a mixed-use structure with residential, retail and office uses. Parking, both under the building and in a surface lot will be provided and would be shared between the different uses. Landscaping is proposed to complement the site development. XX Copies of all Review Comments are contained in the Official File. Copies of all Review Comments are attached to this report_ D. Findings, Conclusions & Decision Having reviewed the written record in the matter, the City now enters the following: 1. Request: The Applicant has requested Site Plan Approval for the Factory Avenue N Mixed-Use project, File No. LUA05-043, ECF, SA-A. 2. Site Plan Review: The applicant's site plan application complies with the requirements for information for site plan review. The applicant's site plan and other project drawings are entered as Exhibits No.2 through 11. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan land use designation of Commercial Corridor (CC). 4. Zoning: The Site Plan as presented, complies with the zoning requirements and development standards of the Commercial Arterial (CA) Zoning designation, provided all conditions of approval are satisfied. 5. Existing Land Uses: Land uses surrounding the subject site include: North: Commercial Arterial (CA) zoning; East: Burlington Northern Railroad right-of-way, Commercial Arterial (CA) zoning; South: Bronson Way N, Commercial Arterial (CA) zoning; and West: Factory Avenue N, Commercial Arterial zoning. 6. Environmental (SEPA) Review: The Environmental Review Committee issued a Determination of Non-Significance -Mitigated on May 17, 2005 with 4 mitigation measures. E. Conclusions 1. The subject complies with the policies and codes of the City of Renton, provided all conditions of approval are satisfied. 2. The proposal complies with the Comprehensive Plan designation of Commercial Corridor (CC) and the Zoning designation of Commercial Arterial (CA). F. Decision The Site Ptan for the Factory Avenue N Mixed-Use project, File No. LUA05-043, ECF, SA-A, is approved subject to the following conditions: 1. The applicant shall comply with all Environmental Review Committee mitigation measures. 2. The applicant shall submit a screening and enclosure detail for the proposed dumpster that meets City standards prior to building permit issuance. SA·A05·043.doc City of Renton PIBIPW Department Factory A venue North Mixed-Use REPORT AND DECISION OF June 7, 2005 .ninistrative Site Plan Staff Report LUA05-043, ECF, SA-A Page 10 of 10 3. The location of the handicap spaces shall be switched with the compact stall to the north, and that the northeastern most parking space be eliminated and either striped for No Parking or landscaped. A revised site plan reflecting these changes shall be submitted at the time of building permit review. 4. The applicant shall submit a site plan showing the location of the required loading space at the time of building permit review. 5. The applicant shall provide a lighting plan that will provide lighting to adequately provide for public safety without casting excessive glare on adjacent properties. This plan shall be submitted at the time of building permit review. EFFECTIVE DATE OF DECISION ON LAND USE ACTION: June 7, 2005 SIGNATURE: '" ~o~&,v) f1;y Nt.! I)hHs Nei) wats, Development Services Director Date SA·A05-043.doc City of Renton PIBIPW Department Factory Avenue North Mixed-Use REPORT AND DECISION OF June 7, 2005 Advisory Notes to Applicant: ninistrative Site Plan Staff Report LUA05-043, ECF, SA-A Page 11 of 11 The following notes are supplemental information provided in conjunction with the environmental determination_ These notes are provided as information only, they are not subject to the appeal process for administrative determinations, Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Commercial 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 p.m. No work shall be permitted on Sundays. 3. Separate plans and permits are required for the installation of signs. Fire Department 1. The preliminary fire flow is 2,250 GPM (with a fire sprinkler system). One hydrant is required within 150 feet of the structure and two additional hydrants are required within 300 feet of the structure. All hydrants shall have a Stortz fitting. 2. Automatic fire sprinklers are required. Separate plans and permits are required for the installation of sprinkler and fire alarm systems. Plan Review -Water 1. Water System Development Charges of $0.213 per square foot of gross area of property may be required if not previously paid. The Development Charges are collected as part of the construction permit. Please note that if the parcel currently has water service, it is eligible for a prorated system development charge. Plan Review -Sanitarv Sewer 1. System Development Charges (SOC) are $0.126 per gross square foot of property for the commercial use. These fees are collected at the time of construction permit issuance. Please note that if the parcel currently has sewer service, it is eligible for a prorated system development charge. SA·AOS·043.doc City of Renton PIBIPW Department Factory Avenue North Mixed-Use REPORT ANa DECISION OF June 7, 2005 ministrative Site Plan Staff Report LUA05-043, ECF, SA-A Page 12 of 12 TRANSMITTED this 7' day of June, 2005 to the owner, applicant and party of record: Steve Olynyk (owner) 1222 Bronson Way N Renton, Washington 98055 AI Johnston (applicanVcontact) AI Johnston Designs 692815th Avenue SE Lacy, Washington 98503 Jack A. Lyons (party of record) 15002 135th Avenue SE Renton, Washington 98058 TRANSMITTED 1h day of June, 2005 to the following: Jennifer Henning, Development Planning Larry Meckling, Building Official S, Engler, Fire Prevention Gregg Zimmerman, PBPW Administrator Lawrence J. Warren, City Attorney South County Journal Land Use Decision Appeal Process Appeals of the land use decision must be filed in writing on or before 5:00 PM June 21, 2005. If no appeals are filed by this date, the action will become final. Appeals must be filed in writing together with the required $75,00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055, Appeals to the Examiner are governed by City of Renton MUnicipal Code Section 4-8- 110,E, Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510, SA·A05·043.doc -r \.ATQO ... '" UlCI< CArr CPO< 4'~4 ....cl. ,... 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"'i}''T'l / / t~I' / '(, A ~,-~ RECYCLE iJ :s:, , L:..:.:.... ~-ENCLOSURE K-....:...· ~ "' E-OU rn « ~'" "' ~Hl'GTIlN j \ 1'12)4 SQ. FT. / /1 PARKING REQUIREMENTS "' '/ \p A'{ ("\ 51 AvE· ~ 1st LEVEL RETAIL SPACE 1564 SO. FT. 6 DF"SI \ 8. oONSON W ~_____ 2nd LEVEL Mt:QICAL. 2052 SQ. FT. 10 8,~ _____ OFFICE 1131 SQ. FT. 5 "'E~ ~" ,<uc>,'/T ...... "'" _____ -Jrd LEVEL (4) RESIDENTIAL UNITS (4) UNITS _7_ :=/1"3~ _ ~~t TOTAL REOUIRED 28 ~.J...----s";..,."<'-. TOTAL PROPOSED 26 REMARKS: IT WAS NOTED AT OUR PRE-APPLICATION MEETING SOME PARKING CREDIT COULD BE GIVEN FOR STAGGERED PARKING DEMAND FOR APARTMENTS. >: .... ~. lID~ ~ --I SPACES PROPOSED 6 STRUCTURED. 2 DISABLED, 8 COMPACT, & 10 STANDARD 1/10/05 ~~, 11.-• 1"-0' St-t:ET 1-A ~~~ Ii! Ill! '" ..."s..,.,. .... """'-l'I_.,~ ••. R..,,_~ ! 1!lb~ 'Ul7ld W5Iwdal .. "SQ ,Il ¥ I • I ~ICI'lna T -..• ~ ~'I i i'l sdli':;ltpuli" ~ ~ ! , H~N 3nN3AV' ~1.:J\"::! P '1 'I'll -I ~ • II" ," , , j' ,~ , ii --"'..-.-. . : i \ --~- ." 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UNIT 3A _ ~r==1 -" I""I'-r- BEDROOM w2 LIVING ROOH 816 SQ. n. UNIT 3B DINING 3rd LEVEL FLOOR SCALE 'I.-= " 0- 2nd LEVEL 36~9 SQ. FT. DINING LIVING ROOM 870 SQ. n. UNiT 3C PLAN Ll V1NG R(][H 6"9 SQ. n. UNIT 3D BEDROOM 1t2 i; ~ 0; '"I" ~l!j ~ >\0 ~:i '" "'. !::l~ r=:~ r.i ~ ~ ~~:;;~? !;>~:!'~ ~,:g£~~ ~ '" 0 ~ ..., ~ f:l • -Q h: ~i: -.,,~ ~ ..... ~ -D£SICiI£II -... " lJlOJte ~ 114' • 1'-(1" -.w ~ ~ 0 .~ ~!ii ... u "' ." 0 '" "- i: '" 0 Z "' ~ Z ~ < >-'" 0 ... u r=: 4-A ," oNlU<lIIIJSlIl -]1'1([ 'SNmSIA]~ lIANA10 3A3.LS .LJ3COlid HJ.1I0N ~nN3AV XlIOJ.JV.I ~3HI'\D .:1 t'jll~9')B~t ~96 ." .... ...,' .... I"'() "I\H lhf~ GtIlII U).'I LtLi! 1I3.L1V.I '3 (J!Ava oHJ31(1oOW ... 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" r-: II, z III "' ::< III >-I ~ :' '" ~ ~ -.. 4-_··· --l._ .-__ "=--i,c~··=,·-",,--::-:~:-:-·-"~~-.-\::--.;.-....,;'--.--*---,-..:.,.~~,-'-:-'-'~ ( ."". J>O'''. '--"'- :z ZONING PIBIPW TBCHNlCAL SBRVlCBS I2J28I04 G4 • 20 T23N RSE W 112 - - - -Renton dU.,. UmU .. CORCP) RC RCCP o 200 "'00 F4 l..-aOO 17 T23N R5E W CJN~NG MAP BoiK RESIWHTIAL o R""ourcI! Conlerv"Uon C!:I1 R,,"idflnUal dulac ~ Realdentlal dulac ~ Residential dulac ~ RnldenUaI ... nul.ctured Hom .. ! E!II RlllldenUal 10 dulac 8 RelldeoUa' .. dulac j R,..-rl RelideoUa' UuIU-Fami1J' !RM-T I Rellidential uulU-Famlly Tradltiona, IRM-U I Rmdenlial Uulli-FamllJ' Urban Center" MIXED USE CENTER ~ Cenhr Vlllace luc-Ntl Urban Center -North IUC-N21 Urban Center -North 2 [§J Cenler Downlo'lm° I CDR I Commerelal/Ortice/RealdenUal CQMMERCI.u o Commercial Arterial" ~ Commercial Olllc"" ~ Commercial Neiahhorbood INDUSTRIAL W Industrial -lIeavy 0 Industrial -Medium m Induatrlal -U,ht <P) Publicly oWDed • ____ Reoton City Umit. ___ Adje.ceot Cit,. Umit. _ Book Paces Boundary KROLL PAGE • Way Include 09",,,1111 Olltrlcls. Sell Appeodlll mapa. For additional reKUJ .. Uona In Overl&y Ol_trleta, pIe .... leI! RMe '-3. PAGE# INDEX Printed by Print & Mall SVQ, City of Renton STATE OF WASHINGTON, COUNTY OF KING} AFFIDA VIT OF PUBLICATION PUBLIC NOTICE Tom Meagher, being first duly sworn on oath that he is the Legal Advertising Representative of the King County Journal a daily 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 daily newspaper in King County, Washington. The King County Journal has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the King County 10urnal (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 May 23, 2005. The full amount of the fee charged for said foregoing publication is the sum of $98.00. \\\llIU""., ~ ",,:<{ L. BA. ~/" " ..... h •• /?·' \ / ~ O'?··~OTAI?~· •• /'O ~ l~ ~-";l \1 .. ~ Tom Meagher Legal Advertising Representative, King County Journal Subscribed and sworn to me this 23rd day of May, 2005. I ~ lody L Barton :: nxp: ,::. : "l ~ 04/28(2009 : ... == --;. ~.£...,-''7' '0-, :,.;;.... ." L~ .... ~ . ...t'\ ••• A_ ,e ••• 1'':.. ..... ,:-., '\" •• -utlL ••• 'v .. .... " 0 ......... \"'" '"' "'" 'F WASt' \\\" "'''''1'\\\ Notary Public for the State of Washington, Residing in Kirkland, Washington P.O. Number: Cost of publishing this notice includes an affidavit surcharge. NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMI'ITEE RENTON, WASHINGTON The Environmental Review Committee has issued a Detennination of Non~Significance­ Mitigated for the following project under the authority of the Renton Municipal Code. Factory Avenue N Mixed-Use LUA05-043, SA-A, ECF Location: 108 Factory Avenue N. The applicant is requesting Administrative Site Plan Approval and Environmental (SEPA) Review for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currently located on the northwest comer of the site and is proposed to be removed. The proposed ground floor area would be 2,418 square feet of retail space, the second floor area would be 3,859 square feet of office space, and third floor area would be 3,859 square feet and consist of 4 residential dwelling units. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on JWle 6, 2005. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton MWlicipal Code Section 4-8-110.B. Additional infor- mation regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 43<1-li510. Published in the King County Journal May 23, 2005. #859200 PROJECT LUA-05-043, SA-A, ECF Factory Avenue North Mixed-Use Project City of Renton Department of Planning I Building I Public Works ENVIRONMENTAL & DEVELOPMENTAL APPLICATION REVIEW SHEET (Continuation) POLICE RELATED COMMENTS 5 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most commonly reported crimes in the City. To protect materials and equipment it is recommended that all materials and tools be locked up when not in use. The site should have security lighting, and any construction trailer or storage area should be completely fenced-in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective criminal and will demonstrate that the area is private property. Construction trailers should be kept locked when not in use, and should be fitted with heavy-duty deadbolts with a minimum 1-1/2" throw when bolted. Glass windows in construction trailers should be shatter-resistant. Toolboxes and storage containers should be secured with heavy-duty padlocks and kept locked when not in use. "No Trespassing" signs should be posted on the property during the construction phase. These signs allow officers, upon contact, to provide a verbal warning to trespassers that should they be contacted on the property again, they could be cited and/or arrested. COMPLETED COMPLEX All exterior doors should be made of solid metal or metal over wood, with heavy-duty dead bolt locks, latch guards or pry-resistant cylinders around the locks, and peepholes. If glass doors are used, they should be fitted with the hardware described above and additionally be fitted with a layer of security film. Security film can increase the strength of the glass by up to 300%, greatly reducing the likelihood of breaking glass to gain entry. Access to the back of the buildings should be limited, preferably with security fencing, as these areas could be vulnerable to crime due to the lack of natural surveillance by business customers or tenants. It is recommended that the commercial areas be monitored with recorded security alarm systems installed. It's not uncommon for businesses to experience theft and/or vandalism during the hours of darkness. An auxiliary security service could be used to patrol the property during those times. It is important to direct all foot traffic into the main entrance of the building. Any alternative employee entrances should have coded access to prevent trespassing. Security Survey Page 1 of 2 05-043 If there are payphones in th, usiness complex, it is recommen J they be outgoing use only. Public payphones tend to aUract drug traffic and having only the ability to call out on payphones severely hinders this type of activity. All areas of this project need to have adequate lighting. This will assist in the deterrent of theft from motor vehicle (one of the most common crimes in Renton) as well as provide safe pedestrian travel for customers of the complex. The structure should have a building number clearly posted with numbers at least 6" in height and of a color contrasting with the building. Unit numbers for the dwellings should also be illuminated so that they are easily located. This will assist emergency personnel in locating the correct location for response. Landscaping should be installed with the objective of allowing visibility -not too dense and not too high. Too much landscaping will make customers, employees, and tenants feel isolated and will provide criminals with concealment to commit crimes such as burglary. It is key for a business complex of this size to have appropriate lighting and signage. "No Trespassing" signs should be posted in conspicuous locations throughout the property, including entrances to the property and parking areas. I highly recommend that the developer have a Renton Police Crime Prevention Representative conduct a security survey of the premises once construction is complete. Security Survey Page 2 of 2 05·043 City of Re ... an Department of Planning / Building / Public f.~, ks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: /2;1 It l: COMMENTS DUE: MAY 3, 2005 APPLICATION NO: LUA05-043, SA-A, ECF DATE CIRCULATED: APRil APPLICANT: AI Johnston PROJECT MANA6 J~I Hall ~ PROJECT TITLE: Factory Ave N Mixed-Use Project PLAN REVIEW: Arneta Henninger To!.J SITE AREA: 14,656 square feet BUILDING AREA (gross): 10,136 square feet LOCATION: 108 Factory Avenue N I WORK ORDER NO: 77410 SUMMARY OF PROPOSAL: Site Plan Approval for the construction of a 10,136 square fool3-story mixed use building on a 14,656 square fool parcel zoned Commercial Arterial (CA). An existing vacant building is currently localed on Ihe northwesl corner of Ihe sile and is proposed 10 be removed. Ground floor area will be 2,418 square feel of relail space, second floor area will be 3,859 square feet of office space, and the third floor area will be 3,859 square feet and consist of 4 residential dwelling units. A parking modification was requesled 10 reduce the number of required parking spaces from 28 parking spaces, 10 26 parking spaces. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housin Air Aesthetics Water U htiGlare Plants Recreation Land/Shoreline Use Utilities Animals Trans onalion Environmental Health Public Services L--- Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 5.2-CRS Q...('I(\ v..o-\ \ <J:,st) B. POLICY-RELATED COMMENTS C, CODE-RELA TED COMMENTS lication with particular attention to those areas in which we have expertise and have identified arsas of probable impact or nAilo,;lmation is needed to properly assess this proposal. Signature of Director or Authorized Representative Date MUCKLESHOOTCULTURALPROGRAM 39015 172nd Avenue S.E. • Auburn, Washington 98092-9763 Phone: (253) 939-3311 • FAX: (253) 833-6177 DEvEL.OPME crry OF~t,.~/NG May 12,2005 Ms. J ill Hall Associate Planner City of Renton 1055 South Grady Way Renton, W A 98055 RE: Factory Avenue N Mixed Use Project (LUA05-043) Dear Ms. Hall: MAY 19 2005 RECEIVED On behalf of the Cultural Resources Committee, I have reviewed the information sent on 04/28/2005 regarding the Factory Avenue project and have the following comments. The 108 Factory Avenue property is an area the Tribe has flagged as high potential for archaeological discovery. The Muckleshoot Culture Committee concurs with the State Historic Preservation Office recommendations. Information regarding previous surveys and recorded archaeological sites is available from the State Historic Preservation Office, in Olympia. If the project area has been previously surveyed, then the following requests can be disregarded. Due to the project's ground disturbing activities and the potential for archaeological discovery, the Cultural Committee is requesting: I . An archaeological field study of the project APE by a profe'ssi~nal archaeologist' 2. To review the archaeological survey's scope of work 3. The option of sending a tribal monitor during the field survey 4. To review the draft survey for completeness and accuracy 5. An Action Plan in place in the event that human remains or artifacts are uncovered during construction 6. A copy of the final technical report for our files The Cultural Resources Program does not represent the Wildlife Program and the Fisheries Program which are separate departments under the Muckleshoot Indian Tribe. Please contact these departments separately for their input on this project. We appreciate the effort to coordinate with the Muckleshoot Tribe prior to site preparation. The destructive nature of construction excavation can often destroy a site and cause delays and unnecessary expense for the contractor. If you have any questions, please contact me at 253-876"3273.Thankyou for keeping the Tribe informed. CC: Melissa Calvert, Wildlife & Culture Director Stephenie Kramer, Assistant State Archaeologist, OAHP • ENVIRONMENTAL DETERMINATION ISSU~NCE OF A DETERMINATION OF NON-SIGNIFICANCE -MITIGATeD (ONS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME, Factory Avenue Nol1h Mlxed-U •• PROJECT NUMBER: LUA05-043, SA-A, ECF LOCATION: IDa fac:tory Avenue N OESCRIPTlON: The applicant Is reque,tlng Administrative 511, Plan Approval and Environmental (SEPA) RlvlllW lor Ihl construction of a 10,136 .qulre 1001 3-llory mixed ul' bulldlnD on a 14,856 .quar. loot parcel lon&d Commercial Arterial (CA). An exl,tlng vacllnt bUlIdlngls cu .... 'nUy locatld on the not1hw .. 1 comer of the ,lta and I, propo .. d to be removed. The propOl.d ground lIoor praa would be 2,418 equINI.,t 01 retail space, thl "cond Iloor Ir.a would be 1,85g equar. fHt 01 office '!NIce, and third 1I00r ,AI, would be 3,85g aqU'" IHt and conal.t 01 4 ... ld.ntl., dwall1ng L1nltl, THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT" ADVERSE IMPACT ON THE ENVIRONMENT. App".!' 01 It" env!ronmanta! datermlnatlon mu.t be III.d In writing on or balor. 5:00 PM on Junl 6, 2005. Appoal. mUlt be Iliad In writing together with the r&qLlIAld $75.00 application IH with: H.arlng E.amlner, City 01 Ranton, 1055 South Grady Way, Rlnton, WA g8055. Appaal. 10 tha Eumlnar a" govemed by City 01 Renton Municipal Code S.ctlon 4-8.110,S. Addltlonat Inlormallon regarding th. app"al proca .. may be obtained from tha Ranton City crn', Olllce, (425) 431)-8510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTIFIED. CERTIFICA TION I, Oer",1:; J OCC& (k , hereby certify that -.3 copies of the above document were posted by me in --3. conspicuous places or nearby the described property on DATE: S-19 -Os. SIGNED: Jj..vsJ? fR. L...L",< f' ~ES?2.,$l1bscribed and sworn ~forc me~~'J Public, in a~4Jor the.,State of Washingto ~--I_wo=,-,fl,--r')'-.:._. on the .:2,0 ~ day 0: ~ ,;)(JO L C"-::'-~~t"b~~~~~~~:"f~~{E NOTA· P BLiC MARILYN KAMCHEFF MY APPOINTMENT EXPIRES 6-29.07 '. . . .'. .. "CITY OF RENTON '. '; ;,-".':' . v.CURRENTPLANNING DIVISION . AFFIDAVIT OF SERVICE BYMAIUNG' :,': . ' '.' ...•.... .. ' . On the 191h day of May, 2005, I deposited in the mails of the United States, a sealed envelope containing ERC Determination documents. This information was sent to: •. d ." v ';IJI'·., "";' v p.,; ",b .J;J'i,l.2P 'ii,:;Ji/lIJ,!.J!i," ''ll; "'..:, iI:~ .;, r' II. • ',i1k'\.;';, IF{i;~i"'Ptrj~,i, . . . .. , , '. .... """ ................... arne.., ",.:,':::', .. ';' .. _.. .. .. . :::;,.;..'~' ... ,"'/: ...... e resen n I.' .... I. ' .. ¥<t ;. Agencies See Attached Jack A. Lyons Party of Record Steve Olynyk Owner AI Johnston Applicant/Contact ........... ",,'\'\ (Signature of Sender): .,//~~/ -vi <::.. -:itA /.tIL ~~ -{N.~.iI1C·'11 :~ ~\,. ............ C.-x " .f ~,?, ... ~C;C;ION ~';:";"~"" (J , ·'0 ~OTA09y ~\ ~ , : :c.J ~ , (J): STATE OF WASHINGTON ) ~ : <>.-: ~ ) SS ' . "u IG . , , <fI '. BL .i .... ; 'I. ;.>.". ~-COUNTY OF KING) ',,17"" ..••• 6'.29_01 ..... ,,0: II, • .; ?i:WAS~\>t\~~f I certify that I know or have satisfactory evidence that Stacy Tub~""",,--- signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: ~ ;), ';:)O(J{ of Washington Notary (Print): ______ -MAR!a~AM€iHB'I'_-----------MMlIl'R4 KAMeIIEFl' My appointment expires: MY APPOINTMENT EXPIRES 6-29-07 template -affidavit of service by mailing Dept. of Ecology' Environmental Review Section PO Box 47703 Olvmpia WA 98504·7703 WSDOT Northwest Region' Attn: Ramin Pazooki King Area Dev. Serv., MS·240 PO Box 33031 0 Seattle, WA 98133·9710 US Army Corp. of Engineers' Seattle District Office Attn: SEPA Reviewer PO Box C·3755 Seattle WA 98124 Jamey Taylor' Depart. of Natural Resources PO Box 47015 Olympia, WA 98504·7015 KC Dev. & Environmental Servo Attn: SEPA Section 900 Oakesdale Ave. SW Renton, W A 98055·1219 Metro Transit Senior Environmental Planner Gary Kriedt AGENCY (DOE) LETTER MAILING (ERe DETERMINATIONS) WDFW· Stewart Reinbold' Muckleshoot Indian Tribe Fisheries Dept. • cia Department of Ecology Attn: Karen Walter or SEPA Reviewer 3190160" Ave SE 39015 -172"' Avenue SE Bellevue, WA 98008 Auburn WA 98092 Duwamish Tribal Office' Muckleshoot Cultural Resources Program' 4717 W Marginal Way SW Attn: Ms Melissa Calvert Seattle, WA 98106·1514 39015 172"' Avenue SE Auburn, WA 98092·9763 KC Wastewater Treatment Division' Office of Archaeology & Historic Environmental Planning Supervisor Preservation* Ms. Shirley Marroquin Attn: Stephanie Kramer 201 S. Jackson ST, MS KSC·NR·050 PO Box 48343 Seattle, WA 98104·3855 Olympia WA 98504·8343 City of Newcastle City of Kent Attn: Mr. Micheal E. Nicholson Attn: Mr. Fred Satterstrom, AICP Director of Community Development Acting Community Dev. Director 13020 SE 72"' Place 220 Fourth Avenue South Newcastle WA 98059 Kent WA 98032·5895 Puget Sound Energy City of Tukwila Municipal Liason Manager Steve Lancaster, Responsible Official Joe Jainga 6300 Southcenter Blvd. 201 South Jackson Street KSC·TR·0431 PO Box 90868, MS: XRD·01W Tukwila, WA 98188 Seattle WA 98104·3856 Bellevue, WA 98009·0868 Seattle Public Utilities Real Estate Services Title Examiner 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124·4018 Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, PMT's, and the notice of application .• Also note, do not mail Jamey Taylor any of the notices she gets hers from the web. Only send her the ERC Determination paperwork. template· affidavit of service by mailing \.,./ \ ... ./ i I ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Factory Avenue North Mlxed·Use PROJECT NUMBER: LUA05-043, SA-A, ECF LOCATION: 108 Factory Avenue N DESCRIPTION: The applicant Is requesting Administrative Site Plan Approval and Environmental (SEPA) Review for the construction of a 10,136 square foot 3·story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building Is currently located on the northwest corner of the site and Is proposed to be removed. The proposed ground floor area would be 2,418 square feet of retail space, the second floor area would be 3,859 square teet of office space, and third floor area would be 3,859 square feet and consist of 4 residential dwelling units. 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 flied In writing on or before 5:00 PM on June 6, 2005. Appeals must be filed In writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City 01 Renton Municipal Code Section 4-8-110.8. Additional Information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTIFIED. ,.,"'_ '" IfI'I" j 1 r FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Plea.se Include the pr,jJecfNUMBERwhencaHlngfbrprop~r fIIe'ldent!!l~a!lon, . ife Kathy Keolker·Wheeler. Mayor May 19, 2005 AI Johnston AI Johnston Designs 6928 151h Avenue SE Lacey, W A 98503 SUBJECT: Factory Avenue North Mixed-Use LUA05-043, SA-A, ECF Dear Mr. Johnston: CTITY ~1F RENTON PlanningIBuildingIPublicWorks Department Gregg Zimmerman P.E., Administrator This letter is written on behalf of the Environmental Review Committee (ERC) and is to advise you that they have completed their review of the subject project. The ERC issued a threshold Determination of Non-Significance-Mitigated with Mitigation Measures. Please refer to the enclosed Mitigation Measures document. . Appeals 01 the environmental determination mustbe filed In writing ,on or belore·5:00 PM on June 6, 2005. Appeals must .be filed in writing together with the required $75,00 application fee with: Hearing Examiner, City of Renton, 1055 Sciuth Grady Way, Renton"WA 98055. Appeals to the Examiner are governed by City of Renton MunicipalCodei Sectiori 4-8-110.B. Additional information regarding the appeal process may be obtained froni the Heriton. CityClerk'sOHice, (425) 430-6510. If the Environmental Determination is appealed, a public hearing date will be set and all parties notified. The preceding information will assist you in planning for implementation of your projectand enable you to exercise your appeal rights more fully, if you choose to do so. PLEASE NOTE: This is not an approval 01 the Site Development Plan RevieW portion 01 the project. A separate approval of the Site Plan will be issued at a later date and sent under a separate cover. If you have any questions or desire clarification of the above, please call me at (425) 430-7219. For the Environmental Review Committee. ~JJf/&Ji- ill Hall Associate Planner cc: Jack A. Lyons / Party of Record Steve Olynyk / Owner Enclosure ------------I-O-S5-S-o-u-th-G-r-a-dy-W--ay---R-e-n-to-n,-W-a-s-hi-n-gt-on--9-80-5-5-------------~ * This paper=ntalns 50% ~ycled material, 30% post consumer AHEAD OF THE CURVE· Kathy Keolker·Wheeler. Mayor May 19. 2005 Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504·7703 CITY lIB'RENTON PlanningfBuildinglPublicWorks Department Gregg Zimmerman P.E., Administrator Subject: Environmental Determinations Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERG) on May 17, 2005: DETERMINATION OF NON-SIGNIFICANCE -MITIGATED PROJECT NAME: PROJECT NUMBER: LOCATION: Factory Avenue North Mixed-Use LUA05'043, SA-A,ECF 108 Factory Avenue N DESCRIPTION: The applicant Is requesting Administrative Site Plan Approval and Environmental (SEPA) Review for the construction of a 10,136 square'foot 3-story mixed use ,building on a 14,656 square ,foot parcel 'zoned Commercial, Arterial "(CA). An existing vacant building is currently 'located on the northwest corrier of the site and is proposed to berernoved. The proposed ground floor area would be'2;418'square feet of retail space, the second floor area Would be 3,859 square feet of office space, and third floor area would be 3,859 square feet and consist of 4 residential dwelling unb. ' Appeals of the environmental determination must be filed in writing, on or before 5:00 PM on June 6, 2005. Appeals must be filed in writing together with the required $75,00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA' 98055. Appeals to th~ Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430,6510. If you have questions, please call me at (425) 430-7219. For the Env~Review Committee, Jill Hall ' Associate Planner cc: King County Wastewater Treatment Division WDFW, Stewart Reinbold David F. Dietzman, Department of Natural Resources WSDOT, Northwest Region Duwamish Tribal Office Karen Walter, Fisheries, Muckleshoollndian Tribe (Ordinance) Melissa Calvert, Muckleshoot Cullural Resources Program US Army Corp. of Engineers -eEA<Ae>l<19 .. s",""": ... I_e p _h_a_n_ie.,-K,,,r;-;a;-:m;;-e_r,"'O,ff;;ic,..e_o,'-;A"'rc_h_a..,eo;;-10_9-,y_&----;H;-;is_10.,-ri.,.c_p-,re_s_e-;:-rv;ca;-:tio:-;n-,-______ ~R E N TON' 1055 South Grady Way -Renton, Washington 98055 ® This paper contains 50% recyded material, 30% post consumer AHEAD OF THE CURVE CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA05-043, SA-A, ECF APPLICANT: AI Johnston, AI Johnston Designs PROJECT NAME: Factory Avenue North Mixed Use DESCRIPTION OF PROPOSAL: The applicant is requesting Administrative Site Plan Approval and Environmental (SEPA) Review for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currently located on the northwest corner of the site and is proposed to be removed. The proposed ground floor area would be 2,418 square feet of retail space, the second floor area would be 3,859 square feet of office space, and third floor area would be 3,859 square feet and consist of 4 residential dwelling units. LOCATION OF PROPOSAL: LEAD AGENCY: 108 Factory Avenue N The City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on June 6, 2005. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 O.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: May 23,2005 DATE OF DECISION: May 17, 2005 SIGNATURES: DATE DATE ) CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE-MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA05-043, SA-A, ECF PROJECT NAME: Factory Avenue North Mixed-Use APPLICANT: AI Johnston, AI Johnston Designs LOCATION OF PROPOSAL: 108 Factory Avenue N DESCRIPTION OF PROPOSAL: The applicant is requesting Administrative Site Plan Approval and Environmental (SEPA) Review for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currently located on the northwest corner of the site and is proposed to be removed. The proposed ground floor area would be 2,418 square feet of retail space, the second floor area would be 3,859 square feet of office space, and third floor area would be 3,859 square feet and consist of 4 residential dwelling units. LEAD AGENCY: MITIGATION MEASURES: The City of Renton Department of Planning/Building/Public Works Development Planning Section 1. The site work and construction of the proposed building shall comply with the recommendations contained within the geotechnical report prepared by Bradley-Noble Geotechnical Services dated December 3, 2004. 2. In the event that archaeological deposits are found during construction, work shall stop and the contractor(s) shall contact the State Archaeologist at the State of Washington Office of Archaeology and Historic Preservation, phone (360) 586-3065. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $0.52 per square foot of new commercial building area and $388.00 for each apartment prior to the issuance of building permits. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per new average daily trip attributed to the project prior to the issuance of building permits. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE-MITIGATED ADVISORY NOTES APPLICATION NO(S): LUA05-043, SA-A, ECF PROJECT NAME: Factory Avenue North Mixed-Use APPLICANT: AI Johnston, AI Johnston Desings LOCATION OF PROPOSAL: 108 Factory Avenue N DESCRIPTION OF PROPOSAL: The applicant is requesting Administrative Site Plan Approval and Environmental (SEPA) Review for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currently located on the northwest corner of the site and is proposed to be removed. The proposed ground floor area would be 2,418 square feet of retail space, the second floor area would be 3,859 square feet of office space, and third floor area would be 3,859 square feet and consist of 4 residential dwelling units. LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section Advisory Notes to Applicant: The following notes are supplemental Information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1 st and March 31 st 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) am and eight o'clock (8:00) pm, Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) am and eight o'clock (8:00) pm. No work shall be permitted on Sundays. 4. All landscaping shall be irrigated by an approved irrigation system prior to final occupancy permits. Fire Prevention 1. The preliminary fire flow is 2,250 gpm for the building. One hydrant is required within 150 feet of the structure and three additional hydrants are required within 300 feet of the structures. 2. Separate plans and permits are required for the installation of fire alarm or sprinkler systems if provided. Plan Review - WATER 1. Water System Development Charges of $0.213 per square foot gross area of property may be required if not previously paid. The Development Charges are collected as part of the construction permit. Please note that any parcel that currently has water and or sewer service is eligible for a prorated system development charge. Your project will be reviewed to determine how much redevelopment credit applies. 2. Preliminary fire flow is 2,250 gpm. 3. Any new construction must have one fire hydrant capable of delivering a minimum of 1000gpm and located within 150 feet of the structure and additional hydrants within 300 feet of the structure (also capable of delivering a minimum of 1,000 gpm). This distance is mt .red along the travel route. The numL of additional hydrants required is dependent on the calculated fire flow. If the fire flow remains at 2,250 gpm, three fire hydrants will be required. Plan Review -SANITARY SEWER 1. Commercial building sewers shall be a minimum of 6 inches in diameter at a 2% slope. The conceptual utility plan is approved. 2. Any use in the building subject ot oils or grease shall require the installation of a grease removal system as determined at the time of plan review. 3. System Development Charges (SOC) are $0.126 per gross square foot of property for the commercial use. These fees are collected at the time a construction permit is issued. Please note that any parcel that currently has water and or sewer service is eligible for a prorated system development charge. Your project will be reviewed to determine how much redevelopment credit applies. Plan Review -SURFACE WATER 1. A conceptual drainage plan and report was submitted with the formal application for the project. This report meets the submittal requirement criteria. Additional review and comments may follow with the submittal of the building permit. Additional comments may follow as supplemental information becomes available. 2. The Surface Water SOC fees are $0.249 (but not less than $715) per square foot of new impervious area. These fees are collected at the time a construction permit is issued. Plan Review -AQUIFER 1. The site is located in Aquifer Protection Zone 1 and may be subject to additional requirements per City code. Constructed secondary containment may be required if more than 20 gallons of regulated hazardous materials will be present at the new facility (RMC 4-3-050.H.2.d.(i)). A fill source statement (RMC 4-4-060.L.4) is required if more than 50 cubic yards of fill material will be imported to the project site. Construction Activity Standards (RMC 4-4-030.C.7) shall be followed if, during construction, more than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site. Surface Water Management Standards (RMC 4-6-030.E.2 and 3) -Biofiltration, retention/detention ponds, infiltration, and drainage ditched and channels are prohibited. New pipes shall meet pipelines specification in 4-3-050.S. Impervious surfaces shall be provided for areas subject to vehicular use or storage of chemicals. This is not intended to be a complete list of the APA requirements nor does this information substitute for the full ordinance, it is only intended to guide the applicant to the City of Renton Municipal Code. Plan Review -TRANSPORTATION 1. Construction of a commercial building will trigger a separate review hence there will be additional comments at that time. 2. This project may be required to install additional street improvements for this site as determined at the time of building permit review. 3. This project may be required to install additional street lights for this site if the existing lighting does not meet current lighting standards. All street lighting shall be designed and installed per City of Renton standards and specifications. Plan Review -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 civil engineering plans shall be tied into a minimum of two of the City of Renton current Horizontal and Vertical Control network. To: ENVI~ONMENTALREVIEWCOM~ITTEE MEETINGNOTICE ... May 17., 2005· Gregg Zimmerman, Planning/Building/Public Works Administrator Dennis Culp, Community Services Administrator Lee Wheeler, Fire Chief From: Jennifer Henning, Development Planning Meeting Date: Time: Location: Tuesday, May 17, 2005 ·9:00AM . Sixth Floor Conference Room #620 Agenda listed below. THE FOLLOWING IS A CONSENT AGENDA Factorv A venue North Mixed Use (Hall) LUA05-043, SA-A, ECF Project description from ERC report. The applicant is requesting Administrative Site Plan Approval and Environmental (SEPA) Review for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building Is currenlly located on the northwest corner of the site and is proposed to be removed. The proposed ground floor area would be 2,418 square feet of retail space, the second floor area would be 3,859 square feet of office space, and third floor area would be 3,859 square feet and consist of 4 residential dwelling units. cc: K. Keolker-Wheeler, Mayor J. Covington, Chief Administrative Officer A. Pietsch, EONS? Administrator ® B. Wolters, EONSP Director ® J. Gray, Fire Prevention N. Watts, P/B/PW Development Services Director ® F. Kaufman, Hearing Examiner S. Engler, Fire Prevention ® J. Medzegian, Council S. Meyer, P/B/PW Transportation Systems Director R. Lind, Economic Development L. Warren, City Attorney ® STAFF REPORT City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL REVIEW COMMITTEE A. BACKGROUND ERC MEETING DA TE: May 17, 2005 Project Name: Project Number: Applicant/Contact: Owner: Project Manager: Project Description: Project Location: Exist. Bldg. Area gs': Factory Avenue North Mixed Use LUA 05-043, SA ECF AI Johnston AI Johnston Designs 6928 15th Avenue SE Lacey, WA 98503 Steve Olynyk 1222 Bronson Way N Renton, WA 98055 Jill Hall, Associate Planner The applicant is requesting Administrative Site Plan Approval and Environmental (SEPA) Review for the construction of a 10,136 square foot 3·story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currently located on the northwest corner of the site and is proposed to be removed. The proposed ground floor area would be 2,418 square feet of retail space, the second floor area would be 3,859 square feet of office space, and third floor area would be 3,859 square feet and consist of 4 residential dwelling units. 108 Factory Avenue N N/A Site Area: 14,646 square feet -----.JI; .. >- 15 I-U i2 t N _---L-----'---/i BRONSON WAY (1ST AVE. N.) 1/ / .. ' ercrpt_FacloryA veN.doc City of Renton PIBlPW Department Factory Avenue North Mixed Use REPORT AND DECISION OF May 17, 2005 B-RECOMMENDA TlON Environ 'tal Review Committee Staff Report LUA-05-043, SA-A, ECF Page 2 of 2 Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINA TlON OF NON-SIGNIFICANCE Issue DNS with 14 day Appeal Period. C. ENVIRONMENTAL IMPACTS DETERMINA TION OF NON -SIGNIFICANCE -MITIGATED. XX Issue DNS-M with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period followed by a 14 day Appeal Period. In compliance with RCW 43,21 C. 240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. 1. Earth Impacts: The subject site is relatively flat with maximum elevation change of approximately three feet. The subject site generally slopes from the southeast corner, to the northwest corner of the site. The site is currently improved with paving, overgrown brush and a vacant structure to be removed. The proposed building would be located on the southwestern portion of the subject site, abutting the intersection of Factory Avenue N and Bronson Way N, An overhead power transmission easement crosses the eastern half of the site. The estimated percentage of impervious surfaces after project construction is 80%. The proposal is to construct a three-story, 10,136 square foot mixed-use building, associated parking, and required landscaping. A geotechnical report prepared by Bradley-Noble Geotechnical Services (dated December 3, 2004) was submitted with the application. The report provided information regarding existing subsurface condition onsite; recommendations regarding site preparation, foundation casting, floor slabs, and paving sections; and earthwork criteria. One boring was conducted to a maximum depth of 39 feet below the surface. The exploration revealed two major soil units. The near-surface soils are loose, silty, fine sands and sands. These loose soils extend to nine feet below the surface. Below nine feet the soils increase in density from firm to very dense. At nine feet below the surface, the geotechnical report interpreted that the soils changed from a lacustrine/delta deposit sand to the Cedar River sand and gravel deposits. These soils extended for the full depth of excavation. According to the report, the near-surface soils are loose and will result in a variance of bearing capacity and settlement characteristics throughout the site. Therefore, the report recommends that the building footprint be excavated and recompacted to a depth equal to the bottom-of-basement level. The excavation and recompaction will ensure uniform support for shallow foundations and slabs-on-grade. Mitigation Measures: The site work and construction of the proposed building shall comply with the recommendations contained within the geotechnical report prepared by Bradley-Noble Geotechnical Services dated December 3, 2004. Policy Nexus: SEPA Environmental Regulations ercrpt_FactoryAveN.doc City of Renton PIBIPW Department Factory Avenue North Mixed Use REPORT AND DECISION OF May 17, 2005 2. Air and Noise Environ 'tal Review Committee Staff Report LUA-05-043, SA-A, ECF Page 3 of 6 Impacts: During project construction, on-site emissions will consist of fugitive dust and emissions from construction equipment. These impacts are anticipated to be minor and largely confined near the site. The proposed mixed-use structure will generate traffic of approximately 175 daily vehicular trips. Vehicular emissions are regulated by the State of Washington and Puget Sound Clean Air Agency. Therefore staff does not recommend any additional measures. Short-term noise from construction equipment would occur between 7:00 AM and 5:00 PM. The equipment and construction of this project will be required to meet federal, state, and local emissions and noise requirements; therefore no further mitigation is recommended. Mitigation Measures: No further mitigation is recommended. Policy Nexus: N/A 3. Water Impacts: The proposed site is not located near any surface water body nor impacts any wetlands. Ground water seepage was encountered on the site during soil testing at approximately the 22-foot depth range below grade, which may fluctuate depending on variable moisture conditions. As proposed, construction is not to extend to these depths and seepage should not be encountered, therefore no mitigation is recommended. Mitigation Measures: No further mitigation is recommended. Nexus: N/A 5. Archeological and Cultural Resources Impacts: According to a letter from the Washington State Office of Archaeology and Historic Preservation (OAHP) dated April 28, 2005, a recorded archeological site is located in the vicinity of the project area on the same landform. In addition an Indian Trail crossed through the project area. Since the project site is within close proximity to a known archaeological site, the Washington State Office of Archaeology and Historic Preservation (OAHP) has requested a professional archaeological survey of the project area and consultation with the concerned tribes cultural committees and staff regarding cultural resource issues. The site involved in this project is currently impervious surface. Some excavation may take place at depths 2 feet or greater for the pouring of the foundation. As there is potential to encounter artifacts during excavation, staff recommends the following mitigation measure. Mitigation Measures: In the event that archaeological deposits are found during construction, work shall stop and the contractor(s) shall contact the State Archaeologist at the State of Washington Office of Archaeology and Historic Preservation, phone (360) 586-3065. Policy Nexus: SEPA Environmental Regulations 6. Fire I Emergency Services Impacts: Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide required improvements and fees. Therefore, the applicant will be required to pay a Fire Mitigation Fee based on $0.52 per square foot of new commercial building area and $388.00 for each apartment. For the proposed structure, the fee is estimated at $4,020.44 and is payable prior to the issuance of building permits. ercrpCFactoryAveN.doc City of Renton PIBlPW Department Factory Avenue North Mixed Use REPORT AND DECISION OF May 17. 2005 Environ 'tal Review Committee Staff Report LUA-05-043, SA-A, ECF Page 4 014 Mitigation Measures: The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $0.52 per square foot of new commercial building area and $388.00 for each apartment prior to the issuance of building permits. Nexus: SEPA Environmental Regulations; Fire Mitigation Fee Resolution No. 2913, Ordinance 4527 7 _ Transportation Impacts: The proposed mixed-use structure is expected to add additional vehicle trips to the street system. Therefore, the applicant will be required to pay a Traffic Mitigation Fee of $75.00 per new average daily trip attributed to the project prior to the issuance of building permits. The applicant submitted a traffic study prepared by Transportation Consulting NW dated January 17, 2004 indicating that 175 new net average daily trips would be generated by the project. Therefore, the applicant will be required to pay a $13,125.00 traffic mitigation fee (175 trips x $75 = $13,125.00). Mitigation Measures: The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per new average daily trip attributed to the project prior to the issuance of building permits. Nexus: SEPA Environmental Regulations, Traffic Mitigation Fee Resolution No. 3100, Ordinance 4527 D. MITIGA TION MEASURES 1. The site work and construction of the proposed building shall comply with the recommendations contained within the geotechnical report prepared by Bradley-Noble Geotechnical Services dated December 3, 2004. 2. In the event that archaeological deposits are found during construction, work shall stop and the contractor(s) shall contact the State Archaeologist at the State of Washington Office of Archaeology and Historic Preservation, phone (360) 586-3065. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $0.52 per square foot of new commercial building area and $388.00 for each apartment prior to the issuance of building permits. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per new average daily trip attributed to the project prior to the issuance of building permits. Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination_ Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations_ Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1 st and March 31 st 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 ercrpCFactoryAveN.doc City of Renton PIBIPW Department Factory Avenue North Mixed Use REPORT AND DECISION OF May 17. 2005 Environ 'tal F1eview Committee Staff Report LUA-GS-043, SA-A, ECF Page 50f6 restricted to the hours between seven o'clock (7:00) am and eight o'clock (8:00) pm, Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) am and eight o'clock (8:00) pm. No work shall be permitted on Sundays. 4. All landscaping shall be irrigated by an approved irrigation system prior to final occupancy permits. Fire Prevention 1. The preliminary fire flow is 2,250 gpm for the building. One hydrant is required within 150 feet of the structure and three additional hydrants are required within 300 feet of the structures. 2. Separate plans and permits are required for the installation of fire alarm or sprinkler systems if provided. Plan Review: Plan Review - WATER 1. Water System Development Charges of $0.213 per square foot gross area of property may be required if not previously paid. The Development Charges are collected as part of the construction permit. Please note that any parcel that currently has water and or sewer service is eligible for a prorated system development charge. Your project will be reviewed to determine how much redevelopment credit applies. 2. Preliminary fire flow is 2,250 gpm. 3. Any new construction must have one fire hydrant capable of delivering a minimum of 1000gpm and located within 150 feet of the structure and additional hydrants within 300 feet of the structure (also capable of delivering a minimum of 1,000 gpm). This distance is measured along the travel route. The number of additional hydrants required is dependent on the calculated fire flow. If the fire flow remains at 2,250 gpm, three fire hydrants will be required. Plan Review -SANITARY SEWER 1. Commercial building sewers shall be a minimum of 6 inches in diameter at a 2% slope. The conceptual utility plan is approved. 2. Any use in the building subject ot oils or grease shall require the installation of a grease removal system as determined at the time of plan review. 3. System Development Charges (SOC) are $0.126 per gross square foot of property for the commercial use. These fees are collected at the time a construction permit is issued. Please note that any parcel that currently has water and or sewer service is eligible for a prorated system development charge. Your project will be reviewed to determine how much redevelopment credit applies. Plan Review -SURFACE WATER 1. A conceptual drainage plan and report was submitted with the formal application for the project. This report meets the submittal requirement criteria. Additional review and comments may follow with the submittal of the building permit. Additional comments may follow as supplemental information becomes available. 2. The Surface Water SOC fees are $0.249 (but not less than $715) per square foot of new impervious area. These fees are collected at the time a construction permit is issued. Plan Review -AQUIFER 1. The site is located in Aquifer Protection Zone 1 and may be subject to additional requirements per City code. Constructed secondary containment may be required if more than 20 gallons of regulated hazardous materials will be present at the new facility (RMC 4-3-050.H.2.d.(i)). A fill source statement (RMC 4-4-060.L.4) is required if more than 50 cubic yards of fill material will be imported to the project site. Construction Activity Standards (RMC 4-4-030.C.7) shall be followed if, during construction, more than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site. Surface Water Management Standards (RMC 4-6-030.E.2 and 3) -Biofiltration, retention/detention ponds, infiltration, and drainage ditched and channels are prohibited. New pipes shall meet pipelines specification in 4-3-050.S. Impervious surfaces shall be provided for areas subject to vehicular use or storage of chemicals. This is not intended to be a complete list of the APA requirements nor does this ercrpt_FactoryAveN.doc City of Renton PIBIPW Department Factory Avenue North Mixed Use REPORT AND DECISION OF May 17, 2005 Environ' 'tal Review Committee Staff Report LUA-OS-043, SA-A, ECF Page 6016 information substitute for the full ordinance, it is only intended to guide the applicant to the City of Renton Municipal Code. Plan Review -TRANSPORTATION 1. Construction of a commercial building will trigger a separate review hence there will be additional comments at that time. 2. This project may be required to install additional street improvements for this site as determined at the time of building permit review. 3. This project may be required to install additional street lights for this site if the existing lighting does not meet current lighting standards. All street lighting shall be designed and installed per City of Renton standards and specifications. Plan Review -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 civil engineering plans shall be tied into a minimum of two of the City of Renton current Horizontal and Vertical Control network. E. COMMENTS OF REVIEWING DEPARTMENTS The proposal has been circulated to City Departmental/Divisional Reviewers for their review. Where applicable, these comments have been incorporated into the text of this report as Mitigation Measures and/or Notes to Applicant. X Copies of all Review Comments are contained in the Official File. __ Copies of all Review Comments are attached to this report. Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 PM June 6, 2005. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)-430-6510. ercrpLFactoryAveN.doc • COVER SHEET BUILDING CODE AND OCCUPANCY AREAS ~ PROJECT INFOHMATION • ;; -w FACTORY AVENUE PROJECT 1st LEVEL ~. z. RETAIL 1564 SO. FT. 0 JURISDICTION: CITY OF RENTON ;;; OWNER: STEVE OLYNYK TAX PARCEL: #1352300955 2nd LEVEL ;; - 1222 BRONSON WAY N. ZONE: CA MEDICIAL 2052 SO. FT. w" ~a SUITE 100 SITE AREA: 14,656 OFFICE 1131 SO. FT. RENTON, WA. 98055 BUILDING FOOTPRlkT: 3,859 SO. FT. 3ed LEVEL PHONE: 425-228-2824 BUILDING HEIGHT: 41' RESICENTIAL UNIT A 859 SO. FT. BUILDING AREA 1 st LEVEL: 2418 SQ. FT. RESICENTIAL UNIT B 816 SO. FT. ARCHITECT: DAVE FALlER BUILDING AREA 2nd LEVEL: 3859 SQ. FT. RESICENTIAL UNIT C 870 SO. FT. XXXXX BUILDING AREA 3ed LEVEL: 3859 SQ. FT. -RESIDENTIAL UNIT D 849 SO. FT. Po: I ~ i OLYMPIA, WA, 98502 TYPE OF CONSTRUCTION: V 1 HOUR '" PHCNE: 360-866-1263 OCCUPANCY: OCCUPANCY: ... ... 1 st &2nd FLOORS B < r.. ::;i CIVIL ENGINEER: WARNER ENGINEERING 3ed. FLOOR R-2 2709 JAHN AVE. N W. SPRINKLERS: BUILD/DESIGN ARCHITECUAL DRAWING INDEX ..; 0 1 TRENT WARD FIRE ALARM: BUILD/DESIGN '" "'I GIG fcARBOR, WA. 98335 TOTAL PAVED AREA: 9140 SO. FT. COVER SHEET :; • i;; I PHONE: 360-253-858-8577 LANDSCAPE AREA: 1750 SO. FT. , STRUCTURAL/GENERAL NOTES < .... I ,A SITE PLAN '" ~Ul STRUCTURAL ENGINEER: Me SOUARED 2A FLOOR PLAN 1st LEVEL JA FLOOR PLAN 2nd lEV£L ... MIKE SZRA.MEK PE 4A FLOOR PLAN .3rd LEV£l U 1235 EAST 4th AVENUE 5A WEST ELEVATION '" .., OLYMPIA, WA. 98506 6A SOUTH & NORTH ELEVA liONS 0 7A EAST ELEVATION ~ 360-352-2044 1L LANDSCAPING PLAN '" DESIGNER: AL ,JOHNSTON DESIGNS :.: : ... 6928 15th AVENUE S.E. Po: ~ 0 LACEY, WA. 98503 Z 360-458-4600 ~ I '" ~ ;0 SURVEYOR: D. R. STRONG ENGINEERING ... Z VIC BANKS '" ~ 10604 NE. 38th PLACE, SUTIE 101 STRUCTU~AL DRAWING INDEX '" < :.: KIRKLAND, WA 98033 ~ en ,.. 1 of 1 SURVEY 5~ ,>: 0 SEWER DISTRICT: RENTON SEWER DISTRICT I~ath 1 of 5 CIVIL NOTES -", ... ~-.. 2 of 5 CIVil PROJECT BASE MAP 8> U J of 5 CIVIL SITE 1M PROVEMENT PlAN -0 ~ WAlOR DISTRICT: RENTON WATER DISTRICT 4 of 5 CIVIL DET A-lS ~u Ii 5 of 5 CML EROSION &: SEDIMENT CONTROLS ""~ FIRE DIST KING COUNTY FIRE DIST. L-' LANDSCAPE DESIGN ..... JOHNSlllN \~ OCS[Gt~lJ;! RENTON SCHOOL DIST. CIVIL DRAWING INDEX "''' 1/10/05 C 1.0 EXISTING CONDITIONS &. EROSION ~d CONTROL PLAN Cl.1 EROSION CONTROL DEl AilS &. NOTES U~· • 1'-0' VICINITY MAP C2.0 GRADING &: PAVING PLAN SH[ET C2.1 PAVING DETA'lS (;3.0 SANITARY SEWER &: WATER PL"N COVER \ C3.1 WATER DETAILS &: WATER MAIN PROfilE 0.2 SANITARY SEWER O[lAILS &: NOTES ------------------_.--- "/" 1J,1Oo,.., 10 ~-- S:'~'4 ~~. TO U>Of eN[ "-"""'I .' ~r.:: 1-<="---1 TRASH ENCLOSURE PlJ>.N VIEW suu 1/4" _ "-D' HOlt: SlOING • TJm.I TO WITCH SlOM .. w.,l£",,",,-S " ClXOII iii] TRASH ENCLOSURE ELEVATION . sou 1/4" .. "-0' NCT£: AU WOOD WlT(R\OI..S £lI:F'OSEl) TO TH( W[Io.TH£R d.L Bf PIIlSSlJII( lJIU,TtD -- --------- >-'" Z '" -'S Z w > « >-<r 0 >-u « u. --' I [, • I 'I . ~ . , If) cu ;, CU c. I "- NOTE: All EASEMENTS 10 LIE EASTERLY OF THESE LINES Wi-lEN PASSING BUILDING / CITY WA1ERLINE EA.SEMEN"'" Will BE MOVED 10 AllOW FOR BUILDING. I _I I I INCL #91 0318169 &.~ I l::::/- 5512396 0~ 1 I f 720908061 6 I...i.~ /?:::C I '-M 20000414001304 ~& / t, I / I !ip "} •• lei -~ ----'I.. i T x-. Y//, "/ ~"'F~"F-'"F"~=r7"'T""7c~ "/)'J _4-I ,} I 0= .............. !I-" .-oo,q."''OP>p8' //1 ~-!i' " ". ". ". <.>.w <.>.W".<.>.W ...... ".. /' / z"cn ~m :~Ol .~O> «ro «10 «co "cZ'CK",", ...... [-,'l I :;;::x ~x ~x ~x o...x o...x·Q.x~. J' (r"o cr:o 0::0 ':i:0 6<0 8~Ao 5\0 / J ''j' ,.00 I-R6' CEDAR~r~xCE.......[:.~'- 'D' ~ " ~"<.:) 0 ~ '<·~lr~I"ml\im I 0::0 cr:" ~.x ~x ~ " <.> <D <r " <.> (fN ct.g ~g ~"o a. a.N ct.'" ct.Nj(f'"":a...'"" l)~ ~,u~' .f! 'f..... I I . .cOMPA T r ! :.t:---.!.. ,! '6'X 6 / / • / "j-I i i C~6~~ , ttl, 1/ I ASPHALT • I TRASH & 4 x, I / . I v orrvr<r ffi / Q P I ~PPER. lEVEUl~ U!lf ~ " l'tl""1 ~ ~ ~~ I"V ~, STR TUR D P KING ~, ~; jlill~! / f1 f} I !~ ~.~I ! "'I il N ~~ ,DER UILD G ~~ ff=45.00('~) lsi LEVEL 2418 SQ. nd LEVEL 3859 SO, rd LEVEL 3859 so. ~/ if I /j;~ I f} '< ,; g 0' u I I I I ,'i t 5CJI.': '" ~ ;>0' SITE PLAN • • ",~i z. S! ~ '/1 "'< 0: '" ~~ ~ ~'t >-z ;:; 0 Q ~~ ~~ f;j :,d ::. ~i '" '" ~rn .. u '" .., 0 0: '" :I: .. 0: 0 Z L'~e;;L~~~/~~ "I. 11/ ~1 f. 1----J' -8_ • '! M ~ ".~. -,~ ; . G REOUIREMENTS 1564 SQ, ii' ,~ "" '" e,,,," , ,'" ~. , / ), ,1 LEVELL MEOICAL (4) UNiTS 28 1" = 20'-0" PARCEL #1352300955 .d '" ::> z .., 'j~ =,Il.. EO ~ ... u ::; U ::;. "f< ~{/) ~rz.. , . " • ... NSTDH - RETAIL SPAC 113' SO. FT. L "" DA1[ 1I10;v.i """ 1/4" • "-0' >,' , . '"'." ",q ,~, ~'" CO" "'''"1", " '\ ,(1S T ----EVEL (4) RESID TOTAL p_Ra:cp;-a~r"rr'G ". w , ,~ ",moo ! / " """", .. -~ ~ w,m ",,':: ~::,"~ro,';'=,"m / \ .. -... -;:::r;.~oo ~cg: :;:;,"'~ '"_ -"'".:-~"/." mu~;;;: PARKING D~Mp:;'SED ED 8 COMPACT, & , =,,-". 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S ; I . 0 --- DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM May 3, 2005 Jill Hall Ameta Henninger X7298 FACTORY AVE N MIXED USE APPLICATION LUA 05-043 SA-A, ECF 108 FACTORY AVEN I have completed my review on this application for construction of a 3 story mixed use building for retail, office and residential dwelling units located in Section 17, Township 23N, Range 5E and have the following comments. Existing Conditions: Water --This project site is located in the 196 Water Pressure Zone. The static pressure is approximately 74 psi at street level. There is an existing 8" watermain located in Factory Av N, which can supply a fireflow of 1800 GPM. Sanitary Sewer --There is an existing 8" sanitary sewer main located in Factory Ave N. Storm --There are storm drainage facilities in Factory Ave N and in Bronson Way. This project is located in the Aquifer Protection Zone 1. CODE REQUIREMENTS WATER: • This project requires the relocation of the existing 12" water main east of the building. • Per the City of Renton Fire Marshall the preliminary fire flow for this project is 2250 GPM. • Any new construction must have one fire hydrant capable of delivering a minimum of 1,000 GPM and shall be located within 150 feet of the structure and additional hydrants (also capable of delivering a minimum of 1,000 GPM) within 300 feet of the structure. This distance is measured along the travel route. The number of additional hydrants required is dependent on the calculated fireflow. If the fireflow remains at 2250 GPM, three fire hydrants will be required. " . Olynyk Application 108 Factory Ave N • Water System Development Charges of $0.213 per square foot gross area of property may be required if not previously paid. The Development Charges are collected as part of the construction permit. Please note that any parcel that currently has water and or sewer service is eligible for a prorated system development charge. Your project will be reviewed to determine how much redevelopment credit applies. SANITARY SEWER: • Commercial building sewers shall be a minimum of 6 inches in diameter at a 2% slope. The conceptual utility plan is approved. • Any use in the building subject to oils or grease shall require the installation of a grease removal system as determined at the time of plan review. • System Development Charges (SDC) are $0.126 per gross square foot of property for the commercial use. These fees are collected at the time a construction permit is issued. Please note that any parcel that currently has water and or sewer service is eligible for a prorated system development charge. Your project will be reviewed to determine how much redevelopment credit applies. STREET IMPROVEMENTS: • Construction of a commercial building will trigger a separate review hence there will be additional comments at that time. • This project may be required to install street improvements for this site as determined with the building review submittal. • This project may be required to install additional street lights for this site if the existing lighting does not meet current lighting standards. All street lighting shall be designed and installed per City of Renton standards and specifications. • Traffic Mitigation fees of $13,125 shall be paid prior to issuance of the building permit. STORM DRAINAGE: • A conceptual drainage plan and report was submitted with the formal application for the project. This report meets the submittal requirements criteria. Additional review and comments may follow with the submittal of the building permit. Additional comments may follow as supplemental information becomes available. 1:\Projects\RENTONPROFBLDGGF.doc\cor Olynyk Application 108 Factory Ave N • The Surface Water SDC fees are $0.249 (but not less than $715) per square foot of new impervious area. These fees are collected at the time a construction permit is issued. AQUIFER: • The site is located in Aquifer Protection Zone 1 and may be subject to additional requirements per City code. Constructed secondary containment may be required if more than 20 gallons of regulated hazardous materials will be present at the new facility (RMC 4-3-050H2d(i)). A fill source statement (RMC 4-4-060L4) is required if more than 50 cubic yards of fill material will be imported to the project site. Construction Activity Standards (RMC 4-4-030C7) shall be followed if, during construction, more than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site. Surface Water Management Standards (RMC 4-6- 030E2 and 3)-Biofiltration, retention/detention ponds, infiltration, and drainage ditches and channels are prohibited. New pipes shall meet pipelines specification in 4-3-050S. Impervious surfaces shall be provided for areas subject to vehicular use or storage of chemicals. This is not intended to be a complete list of the APA requirements nor does this information substitute for the full ordinance, it is only intended to guide the applicant to the City of Renton code book. GENERAL: • 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. • All civil engineering plans shall be tied into a minimum of two of the City of Renton current Horizontal and Vertical Control network. • Permit application must include an itemized cost estimate for these improvements. The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. cc: Kayren K. 1:\Projects\RENTONPROFBLDGGF.doc\cor City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Plm f\evl'o.J COMMENTS DUE: MAY 3, 2005 APPLICATION NO: LUA05-043, SA-A, ECF DATE CIRCULATED: APRIL 19, 2005 APPLICANT: AI Johnston PROJECT MANAGER: Jill Hall PROJECT TITLE: Factorv Ave N Mixed-Use Proiect PLAN REVIEW: Ameta Henninger SITE AREA: 14,656 square feet BUILDING AREA (qross): 10,136 sQuaftrf';;'!~ LOCATION: 108 Factory Avenue N WORK ORDER NO: 77410 SUMMARY OF PROPOSAL: Site Plan Approval for the construction of a 10,136 square foot 3-sto~o8i""d u~ lJb"., on a 14,656 square foot parcel zoned Commercial Arterial (CA), An existing vacant building is currently located onl'W~lJ.weSlWner of the site and is proposed to be removed, Ground 1I00r area will be 2,418 square feet of retail space, second 1I00r"M"4'~~,E.e 3,859 square feet of office space, and the third 1I00r area will be 3,859 square feet and consist of 4 residential dwelling units. A ~ modification was requested to reduce the number of required parking spaces from 28 parking spaces, to 26 parking spaces. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water UghVGlare Plants Recreation LancVShorefine Use Utilities Animals Transportation Environmental Health Public SeNices Energy/ Historic/Cuftural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 8. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is ne~ed to proper! assess this proposal. /' f/~ 1-t'J\. s." 0 ~ Signature of Director or Authorized Representative / I Date / City of Renton Department of Planning / Building / Public works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: SU-dO,Ce!Wasfp'l YI<./fy- APPLICATION NO: LUA05-043, SA-A, EdF APPLICANT: AI Johnston PROJECT TITLE: Factorv Ave N Mixed-Use Project SITE AREA: 14,656 square feet LOCATION: 108 Factory Avenue N COMMENTS DUE: MAY 3, 2005 DATE CIRCULATED: APRIL 19, 2005 •. tJ PROJECT MANAGER: Jill Hall PLAN REVIEW: Arneta Henninger BUILDING AREA (gross): 10,136 square f~!!!!!!JI;j4n.IU/'ISIi~"'" I WORK ORDER NO: 77410 • SUMMARY OF PROPOSAL: Site Plan Approval for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currently located on the northwest corner of the site and is proposed to be removed. Ground floor area will be 2,418 square feet of retail space, second floor area will be 3,859 square feet of office space, and the.third floor area will be 3,859 square feet and consist of 4 residential dwelling units. A parking modification was requested to reduce the number of required parking spaces from 28 parking spaces, to 26 parking spaces. A. ENVIRONMENTAL IMPACT (e-9. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy! ~ ~'~ Natural Resources '~~ ,.,,: ~~~: B. POLICY-RELATED COMMENTS CITY Of RENTON REC~IVED APR21_ 8UILDINQ DIVISION C. CODE-RELATED COMMENTS We have reviewed thiS applicatIOn WIth particular attention to those areas in which we have expertise and have identified are~ probable impact or areas where acidltlonal infonnation is need to properly assess th,s proposal. /" Date 1: M7 0) Signature of Director or AuthOrized Representative 2-~ PROPERTY Sb~VICES FEE REVIEW #2005 -_-<. ___ ~--=--____ _ DEVELOPMENT APPLICATION REVIEW SHEET ENVIRONMENTAL CHECKLIST REVIEW SHEET o PLAN REVIEW ROUfING SLIP o OTHER APPLICANT: -'-l.L~-"Ovh:..cVl-'cS"-· l.-. '--,'---c+---------- JOBADDR.~S:~~~-L~~~~~~--~r_-~,,~--­ NATURE OF WORK: --'o-'<.l-D.'..L>L-'-"-~'----"+-_'_LlW'.uL'-"""""'"-"'-"""'I---- RECEIVED FROM __ ---,-~;__ WO# :] 3 '-i I () (dale) GREEN # _____ _ o SPECIAL ASSESSMENTS AND CONNECTION FEES APPLIED a;t.. SPECIAL ASSESSMENTS AND CONNECTION FEES ESTIMATED o NOT APPROVED FOR APPLICATION OF FEES ED MORE INFORMATION, 0 o SQUARE FOOTAGE 0 o FRONT FOOTAGE 0 LEGAL DESCRIPTION VICINITY MAP OTHER o VESTED 0 NOT VESTED o This fee review supersedes and cancels fee review # dated --~=o---=~== ~ "7D 7V' / 0 PARENT PIDN (subjecl to changeL SUBJECT PROPERTY PIDN \ 'J 5 . L.-? ~ uc-\ (S 0 King Co. Tax Acctfl (new) ________ _ h is me intent of this development fee analysis to put the developer/owner on nOlice, lhat the fees quoted below may be applicable to the subject site upon development of the property. All quoted fees are potential charges thai may be due and payable at the time dle construction permit is issued to install the on-sile and off-site improvements (i.e. underground utilities, street improvements, etc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section. Please note that lhese fees are subject to change wilhou( notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. The following quoted fees do NOT include inspection fees, side sewer permits, r/w permit fees or the cost of water meters. SPECIAL ASSESSMENT DISTRICTS DISTRICT PARCEL METIIODOF ASSESSMENT ASSESSMENT ASSF..ssMENT NO. NO. UNITS OR FEE Latecomer Agreement (ovl) WATER Latecomer Agreement (pvt)W ASTE\VATER Latecomer Agreement (pvt)OTHER Special Assessment District/W ATER Soecial Assessment DistriclfW ASTEWATER Joint Use Agreement (METRO) Local Improvement District • Traffic Benefit Zones " '$75.00 PER TRIP, CALCULATED BY TRANSPORTATION FUTURE OBLIGATIONS SYSTEM DEVELOPMENT CHARGE -WATER o I'd Prev. 0 Partially I'd (Ltd Exemption) ~ Never I'd # OFUNlTSI SQ. FTG. SDC FEE Single family residential $I,525/unil x ' Mobile home dwelling unit $1220/unit in park Al"'rtment, Condo $915/unit nol in CD or COR zones x Commercialllndustrial, $0.213/sq. ft. of propert,)' (not less than $1525.00) X ~oeing, by Special Agreement/Footprint or Bldg plus 15 ft perimeter (2,~ GPM th~rshold) SYSTEM DEVELOPMENT CHARGE -WASTEWATER o I'd I'rev. 0 Partially I'd (Ltd Exemption) 'ff Never I'd Single family residential dwelling unit $900/unit x , Mobile home dwelling unit $720/unit x Apartment, Condo $540/unit not in CD or COR zones x Commercialllnduslrial, $0. 126/sq. ft. of properly (not less than $900.00) X .. ~ I. 'i?'15.?'1- REDEVELOPMENT CREDIT: (New -Old Flow)/New Flow X Above Fees SYSTEM DEVELOPMENT CHARGE -SURFACEWATER o I'd I'rev. 0 Partially I'd (Ltd Exemption) iJiZl Never Pd Single family residential and mobile home dwelling unit $715/unit x All other properties $0.249/sq ft of new impervious area of property x (not less than $715.00) , / j If .,;; fJ.2Jo v<i I r $ a . ( . '~' I PRELIMINARY TOTAL _~ ;<Il~,j,', ., dditlIO~ 5/3<'ifs . >igllatl7~ ot eVlew ng ulhontyV 0 TE \.n sUhic( plopeny IS w!!IUIl an LID, It IS developer's fesponslbillty (0 check wuh the f-lilance Dept tor paid/ull-paid status **The. square footage figures used are taken from the King County Assessor's map and are approximate only. EFFECTI VE January I, 2005 / '< " • 0 ~ 0 '" City of Renton Department of Planning I Building I Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Pn:oeAt.-I 0'111 ~. COMMENTS DUE: MAY 3, 2005 APPLICATION NO: LUA05-043, SA-A, ECF-...J DATE CIRCULATED: APRIL 19, 2005 APPLICANT: AI Johnslon PROJECT MANAGER: Jill Hall APR' '3 LUU;J PROJECT TITLE: Factory Ave N Mixed-Use Project PLAN REVIEW: Arneta Henninqer erN OF REN19J'1 SITE AREA: 14,656 square feet BUILDING AREA (oross): 10,136 square fe.lFLlIl "· LOCATION: 108 Factory Avenue N WORK ORDER NO: 77410 SUMMARY OF PROPOSAL: Site Plan Approval for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currently located on the northwest corner of the site and is proposed to be removed. Ground floor area will be 2,418 square feet of retail space, second floor area will be 3,859 square feet of office space, and.thethird flo.or.area will be 3,859 square feet and consist of 4 residential dwelling units. Aparkingmodification was requested to reduce the number of required parking spaces from 28 parking spaces, to 26 parking spaces. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth HOUSk'<I Air Water Plants Land/Shoreline Use Animals ~ , Environmental Health Energy/ , ~ Natural Resources ':fggg~::; B_ POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those BreBS in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date DATE: TO: FROM: CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM April 20, 2005 Jill Hall, Associate Planner Jim Gray, Assistant Fire Marshal SUBJECT: Factory Ave N Mixed-Use Project, 108 Factory Ave. N MITIGATION ITEMS; l. A fire mitigation fee of $4,020.44 is required based on $.52 per square foot of the commercial area and $388.00 for each apartment. FIRE CODE REQUIREMENTS: l. The preliminary fire flow is 2250 GPM, one hydrant is required within 150 feet of the structure and two additional hydrants are required within 300 feet of the structure. 2. Separate plans and permits are required for the installation of the sprinkler and fire alarm systems. Please feel free to contact me if you have any questions. City of Renton Department 01 Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: flY'{. COMMENTS DUE: MA )t3~2()05f~ rt.=' " \\ !7 ;-;:"1 ir\\\ I. :r""l I,:' " "I ,~II I --Ii; II APPLICATION NO: LUA05-043, SA-A, ECF DATE CIRCULATED: APFiIUE, 2005 it I; APPLICANT: AI Johnston PROJECT MANAGER: Jiill~~~ ADD II n ?I'\I\I; \lUll PROJECT TITLE: Factory Ave N Mixed-Use Project '~ U 13r n' ~ \" ; PLAN REVIEW: Arneta H nnin( I SITE AREA: 14,656 square feet BUILDING AREA (gross): 0,136 squl'\f!:neet REtHOtJ \ hiiE O:"i"'I'.H: !".:d I LOCATION: 108 Factorv Avenue N WORK ORDER NO: 7741 SUMMARY OF PROPOSAL: Site Plan Approval for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currenlly located on the northwest corner of the site and is proposed to be removed. Ground floor area will be 2,418 square feet of retail space, second floor area will be 3,859 square . feet of office space, and the third floor area will be 3,859 square feet and consist of 4 residential dwelling units. A parking modification was requested to reduce the number of required parking spaces from 28 parking spaces, to 26 parking spaces. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housin Air Aesthetics Water U VG/are Plants Recreation Land/Shoreiine Use utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 8. POLICY-RELATED COMMENTS C. th particular attention to those areas m which we have expertise and have Identified areas of probable impact or a.ded to roperly assess this proposal. ¥ ~A (;,....-- Date s# __ l,_~ __ YI---__ Project Name: O\~I\J\.I k, m;uv\ \J~ (t="u,d'Or~ ~ Uu) Project Address: \ Oe2 Fp.cmi11 k ~ Contact Person: !\ \ ~WS'\l)0 Permit Number: ---==L::.;\.l""P,c...:....>Q<..:S"---,;;:;O_L\!....22~ ________________ _ Project Description: Ml¥lfd ~ rh~Mi; 'Z'-iI!2 R0"(j,p} ?BS9 ~ JM(JlC~ '~<QC?l (2tSIDWo.fI.Q Cg Il\I)CXS,) \ G): IS\l\.J~ \Wo:,G Ot-.) S,lTC '{D Land Use Type: o Residential o Retail o Non-retail Calculation: Transportation Mitigation Fee: Calculated by: I ~ Method of Calculation: o ITE Trip Generation Manual, 7th Edition .,,( Traffic Study ;0-. 111.1\ \J s.~ o;z. ~n 01.,) o Other CoIJ""c, nM.\ N\'u" I/Il/~~ Date of Payment: _______________ _ City of Renton Department of Planning / Building / Public Works ENVIRO'NMENTAL & DEVELOPMENT APPLICA TION REVIEW SHEET REVIEWING DEPARTMENT: I rRn~J' ': ""liDrl APPLICATION NO: LUA05-043, SA-A, ECF APPLICANT: AI Johnston PROJECT TITLE: Factorv Ave N Mixed-Use Proiect SITE AREA: 14,656 square feet LOCATION: 108 Factory Avenue N COMMENTS DUE: MAY 3, 2005 DATE CIRCULATED: APRIL 19, 2005 PROJECT MANAGER: Jill Hall PLAN REVIEW: Ameta Henninger AlDD ... ~ .. , I &.UU;J BUILDING AREA (Qross): 10,136 square f~ING DIVISION I WORK ORDER NO: 77410 SUMMARY OF PROPOSAL: Site Plan Approval for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA), An existing vacant building is currently located on the northwest corner of the site and is proposed to be removed. Ground floor area will be 2,418 square feet of retail space, second floor area will be 3,859 square feet of office space, and the third floor area will be 3,859 square feet and consist of 4 residential dwelling units, A parking modification was requested to reduce the number of required parking spaces from 28 parking spaces, to 26 parking spaces, A. ENVIRONMENTAL IMPACT (e,g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary ,nh HousIng 'ater ,ts ~, :'~:!:r ~ B. POLfCY-RELA TED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional infonnation is needed to properly assess this proposal. Signature of Director or Authorized Representative Date D€Vy.LOP41. '/lY 0 1:fVr p F F/~/Ifr~NNING MAY N STATE OF WASHINGTON III:! ~ 2 2005 Office of Archaeology and Historic Preservation CEIl/EO 1063 S. Cap/tol Way, Suite 106 • Olympia, Washington 98501 (Mailing Address) PO Box 48343 • Olympia, Washington 98504-8343 April 28, 2005 Ms. Jill Hall Associate Planner City of Renton J055 South Grady Way Renton, W A 98055 (360) 586-3065 Fax Number (360) 586-3067 In future correspondence please refer to: Log: 042805-05-KI Property: LUA05-043 108 Factory Avenue N Mixed Use Project Dear Ms. Hall: We have reviewed the materials forwarded to our office for the proposed project referenced above. There is a recorded archaeological site, 45KI686 within 1200' of the project area on the same landform. There are also multiple ethnographic place names associated with the immediate area, and Indian Trail formerly crossed through the project area, and the Cedar River is nearby. As you probably know, there are many archaeological sites in downtown Renton. These factors combine to increase the probability for archaeological resources to be present. We recommend a professional archaeological survey of the project area be required as a mitigating measure on the MDNS. We also recommend consultation with the concerned tribes cultural committees and staff regarding cultural resource issues. These comments are based on the information available at the time of this review and on behalf of the State Historic Preservation Officer. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Please note that as of July I, 2005, OAHP will be requiring the use of OAHP Archaeology Site Forms for all archaeological survey projects. You can obtain a copy of the Archaeology Site form from our website at www.oahp.wa.gov. Also note that as of January 1,2005, OAHP requires that all historic property inventory forms provided to our office be submitted in an electronic version using the Historic Property Inventory Database. If you have not registered for a copy of the database, please log onto our website and go to the Survey/Inventory page for more information and a registration form. tepheni Kramer ssistant State Archaeologist (360) 586-3083 StcphenicK@cted.wa.gov cc: Laura Murphy Richard Brooks Cecile Hansen ADMINISTERED BY DEPARTMENT OF COMMUNITY, TRADE & ECONOMIC DEVELOPMENT City of Renton Department 01 Planning / Building / Public "arks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Pa(IL5. COMMENTS DUE: MAY 3, 2005 APPLICATION NO: LUA05-043, SA-A, ECF DATE CIRCULATED: APRIL 19, 2005 APPLICANT: AI Johnston PROJECT MANAGER: Jill Hall PROJECT TITLE: Factorv Ave N Mixed-Use Project PLAN REVIEW: Arneta Henninqer SITE AREA: 14,656 square feet BUILDING AREA (Qross): 10,136 square feet LOCATION: 108 Factory Avenue N I WORK ORDER NO: 77410 SUMMARY OF PROPOSAL: Site Plan Approval for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currently located on the northwest corner of the site and is proposed to be removed. Ground floor area will be 2,418 square feet of retail space, second floor area will be 3,859 square feet of office space, and the third floor area will be 3,859 square feet and consist of 4 residential dwelling units. A parking modification was requested to reduce the number of required parking spaces from 28 parking spaces, to 26 parking spaces. A. ENVIRONMENTAL IMPACT (e-9. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary ,nh lousing ~ ~. ~~f:::, ~ 14:-:;:;;' ,,;:; ~~/UJ !It !t,a/Y;~~'/Y7Cf. ,1o,1k.,f/J1~hwmC! ~ tV !M~ ad-?~/H~t~ B. POLICY-RELATED COMMENTS C_ We have revIewed this application with particular attentIon to those areas In which we have expertise and have identified BmBS of probable impact or areas ~Iiona/ inlonnation is ne tI 10 properly .ss~roposa/. 1S~/()1 Signature of Director or AuthOrized Date City of Remon Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MAY 2005 SUMMARY OF PROPOSAL: Site Plan Approval for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacanl building is currently located on the northwest comer of the site and is proposed to be removed. Ground floor area will be 2,418 square feet of relail space, second floor area will be 3,859 square feet of office space, and the third floor area will be 3,859 square feet and consisl of 4 residential dwelling units. A parking modification was requested to reduce the number of required parking spaces from 28 parking spaces, to 26 parking spaces. A_ ENVIRONMENTAL IMPACT (e_g_ Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts NecBssary Environment Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals I Environmental Health Energy/ Natural Resources .~ ''':~:~~;;t B_ POLICY-RELATED COMMENTS C_ CO~E~.~ cJA~~~~ ~ 4'/;,1 ~:;..u.v...e"vv~?':_ ;j)~~~- We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where dditional information is needed to properly assess this proposal. NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) DATE: April 19, :ZOOS LAND USE NUMBER: lUA05-043, SA-A. ECF PROJECT NAME: Factory Awenue N Mlx!ld'Use Project PROJECT DESCRIPTION: Tha applicant 1$ request,ng SIte Plan Approval for the construction 01 • 10.136 square loot 3-slory mixed use buildorJg on a 14.656 square 1001 pareal zon!ld Commer<:ial ArterIal (CA). An ex)stlng VlCanl buiIdi1Q ill currently \oCal!ld on the northwelt corner of tha site and il proposed to be removed. GrOOM lloor area will be 2.416 tquara lellt 01 retail spaca, lecond !Ioor area will be 3.859 aqua/e !eet ot olliee space. and the third Hoor area will be 3,859 Iquare '"t and e<>nsist of 4 roslde<ltlal dwelling unlls. A parking modiflcation was requested to reduce the nurnbe!' ot required parking spaces trom 28 parking spaces. to 26 parking 'paces PROJECT LOCATION: lOB Factory Avenue N OPTIONAL DETERMINATION OF NON·SIGNIFICANCE, MITIGATED (DNS·M): As the Lead Agency. the Crty ot Renton has delermi1ed I~t sO;jnitlcant environmental impacts are unlikely to relull from the proposed prolac!. Tharetore, as prilnnltled under the flCW 43.21C.110. the City of Renton II using the Optional DNS·M process to gNa notice that. ON5- M ~ likely 10 ba Issued Comment penods lor the projoct and the proposed DNS·M are Integrated Into a singte comment penod. There will be no comment period following the issuanca of the Threshold Determination 01 Non-Signol1canee- MIUQeled (DNS-M). A 14-day appaal p!lrlod wlillollow the issuanco ollha DNS-M. PERMIT APPUCATION DATE: NOTICE OF COMPLETE APPUCATION: April 4, 2005 April 19, 2005 APPllCANTIPROJECT CONTACT PERSON: AI John_IOn, ,6J Jolln.ton DesignS; Tel: (360) 458-4600 Permlt.n:\eview ~quested: Other Permit. which may ba required: Location wh.re epplicallon mly be reviewed: CONSISTENCY OVERVIEW: ZontngIL.and U": Envlronmll1tal Docum"nta that EVllua" Ihe Proposed Prol..:t: DItV"lopm.nt Regulation' Uloid For ProJICI Mitigation: PropOled IIIllIgalion MOIIIlurel: Environmental (SEPA) R.wl"w, Admlnl,tratlve Site PI"n Approval BulIdlng Permit Drainage, GeotKhlnlcel Report_, and Trame Study PlannlngfBulIdlngIPublie Work. Department, DltVelopment S.rvlc .. Dlvilion. SIxth Floor Rlnton City Hall, 1055 South Grady WilY, Rlnlon, WA 98055 The subject '~a Is del;~naled Commarclal Corridor (CC) on the Clly 01 Renton ComprahllnsNe Land Use Map and Comm91C;a1 Arterial (CA) on the City's Zoning Map. environmental (SEPAl Chockhsl The projoct will be Bubj&CI to Ihe City', SEPA ordInance. Public Wo;ka Standards, Zoning Code. Intemalional Fire CodIi. Internallonal Building Coda. and other appllceble codn and regulations as spproprlate The tollowlng M~igatk>n Measures will likely be Imposed on lha proposed pro[l}Ct. Thesa recommended M~igalion Measures address proJoct Impacts not covered by e~lstlng codes and regulations as cited above. TraffiC Mitigation Fee in the amount of $75.00 per 6sch new averaae daJly trip attributed to the proposal. Th6 project will be f9Cjuired to comply wilh the /eccmmendalkKrs found in Ihe goolochn!c81 rBporl. Commlntl on thl abow. application mUlt btl lubmlttld In writing to JUI HIli, Asloelatl Pllnnlr, o.valopment ~rvl~ .. Olvillon, 1055 South Grady W.y, Renton, WI., 98055, by 5:00 PM on May 3, :ZOOS, It you hawe quesl10ns aooulthis proposal. or wISh \0 ba mada a party 01 racord and recaM! addItional notification by ma~. conlacltha Project Manager. Anyone who submhs wrinen oommenls Will automatically become a party of rscord and will be notif,ed of any decillion on \his projoc!. CONTACT PERSON: Jill Hall, AssocIate Planner; Tel: (425) 430·7219 PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION " ; a .2. ......... ~ "DUIJIJ g II you would like to be made a pany 01 record 10 receive 1urther Inlormation on thll proposed project, complete this form and relurn to: City 01 Ranton. Development Planning, 1055 So. Grady Way, Renton, WA 98055. Flie NoJName: LUA05.Q43. SA·A. ECF { Factory Avenue N Mlxed·Usa Project NAME: MAILING AODRESS: __________________________ _ TELEPHONE NO.: ________ _ """CERTIFICATION ....... ~, A _\, J 4' ----'" 1\1. "" I <ereL. ort:'U:. "" -4'>' -h"'~ '1..0:'" '3, ;ere posted by me in ...... ~ .•. er. 4p~~},}hat copies of the above document ~~onJPQcl18 Il-l.~\s or nearby the described property on t.f -I~ ~:t ,ll$ OJ 0 i! 0: ~ ~ ~ ~ DATE: T OS P:,;o <;. 6 'XI ~.i~~NED-L? I I!..~ ~ C> "<' ",.-,' ...,J\J -,~ I'L._ ~ . ". ~ ...... :-o,~.,'P! -_'--"'=e:s._~~~3~ __ _ A TIEST: $ubscnbed and sworn I1wtl¥?'I.JN' .",~}. ·'>'do • • d f . ~---~ h"" n ' ~'j ~_~, In an or the State of waShlllgt.o~n r 'id~'n T in ~-. on t c '2! \/. \ .. _--.-i2(JO'2. ----:;n~. ~::O . I \\\'\ ", ... :-.."""" ---IZ-L.. -----" _~('4.?:~ NO . 1I!W.lCllffiNATURE cr MY APPOiNTMENT EXPIRES i}.29-Q7 I . • .' .. CITY OF RENTON CURRENT PLANNING DIVISION .' . AFFIDAVIT OF SERVICE: BY MAILING . , .. On the 19th day of April, 2005, I deposited in the mails of the United States, a sealed envelope containing NOA, Environmental Checklist, PMT's documents. This information was sent to: Vi,,".4,'!" ~, ii! ~N!i":Li."'i'''I'''if::.ri':'''''':i2''!jl:~' , .,.' "" ... d, ". . arne., ", ...•. ....... '.-, Ili:i·;'!·~:.:'.um';'i.j:;'. i'.:~dRe·p .. ~sEintjl'lg I Agencies See Attached Surrounding Property Owners -NOA Only See Attached A IJ'I 4 ---....... , ............... ,""'\,\ (SsTigAnTaEtuoreFowf sAeSnHdleNrG)·-'..: T-O--'Ji1uN"""'aM)'t!)!--""'l-'A:U:,J,,,,H'<..' "''-1-,.-' J'--__________ ~_.i'-:,,--1>i~!I"\""'L Y N ~ •• '" f ~ .. _;;~issio~.~(t\ -·'0 ~"~" i :'0 NOr. 'Of,,,, ~" ) SS ~: "/,,, '1<' • ."" 'en: ~ 'rJ-:n:"T1' ) ~ -4: ..() ...... m: ~ '.".. VI> ",., -; :..A'" QUe ... ; I certify that I know or have satisfactory evidence that Holly Graber ""'; O';,.~:?~:07 ........ ~ j signed this instrument and acknowledged it to be his/her/their free and vOluntarYli\~~~-and purposes mentioned in the instrument. I"",,,,,,,,,,, COUNTY OF KING Date~d,~5 . , Notary (Print): _____ MAMlR""l""YNmKA!lIrn'MCi-rHVijEFFm",,;;-;;;;;;;---------- My appointment expires: tilt APPOINIMENI EXPIRES 6-29-07 '!;pEbj~cl';ii:l~!ri~:!~&: Factory Avenue N Mixed-Use Project _ '''~ d "., , .. ,", .,'. ~'~_,"., .. ' _. #'''''' _",,,-, e~~j~~fiju~~~ri'i LUA05-043, SA-A, ECF template -affidavit of service by mailing , Dept. of Ecology' Environmental Review Section PO Box 47703 Olympia WA 98504-7703 WSDOT Northwest Region' Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle WA 98133-9710 US Army Corp. of Engineers' Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Jamey Taylor' Depart. of Natural Resources PO Box 47015 OIYmoia, WA 98504-7015 KC Dev. & Environmental Servo Attn: SEPA Section 900 Oakesdale Ave. SW Renton, WA 98055-1219 Metro Transit Senior Environmental Planner Gary Kriedt AGENCY (DOE) LETTER MAILING (ERe DETERMINATIONS) WDFW -Stewart Reinbold' Muckleshoot Indian Tribe Fisheries Dept. • c/o Department of Ecology Attn: Karen Walter or SEPA Reviewer 3190160" Ave SE 39015 -172'" Avenue SE Bellevue W A 98008 Auburn WA 98092 Duwamish Tribal Office' Muckleshoot Cultural Resources Program' 4717 W Marginal Way SW Attn: Ms Melissa Calvert Seattle, WA 98106-1514 39015 172" Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division' Office of Archaeology & HistoriC Environmental Planning Supervisor Preservation" Ms. Shirley Marroquin Attn: Stephanie Kramer 201 S. Jackson ST, MS KSC-NR-050 PO Box 48343 Seattle, W A 98104-3855 Olvmoia, WA 98504-8343 City of Newcastle City of Kent Ann: Mr. Micheal E. Nicholson Attn: Mr. Fred Satterstrom, AICP Director of Community Development Acting Community Dev. Director 13020 SE 72'" Place 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Puget Sound Energy City of Tukwila Municipal Liason Manager Steve Lancaster, Responsible Official Joe Jainga 6300 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle W A 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Title Examiner 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, PMT's, and the notice of application .• Also note, do not mail Jamey Taylor any of the notices she gets hers from the web. Only send her the ERC Determination paperwork. template· affidavit of service by mailing • v ~j , ; ,;.-~ , 172305900604 135230082004 BURLINGTON NORTHERN 172305907302 BRYANT MOTORS INC ATTN PROP TAX DANG DUC HUY 1300 BRONSON WY N PO BOX 96189 2220 SE 8TH PL RENTON WA 98055 FORT WORTH TX 76161 RENTON WA 98055 135230079505 135230087508 135230085007 DO DU KHAI+ TRAN THE DUNN LUMBER NORTHWEST-RT FAKHARZADEHJALAL 201 FACTORY AV N PO BOX 45550 PO BOX 78404 RENTON WA 98055 SEATTLE WA 98145 SEATTLE WA 98178 172305907401 135230082509 135230085502 J KWANG LLC KIM DONG OH LYONS MR+MRS JACK 7518 100TH AV SW 9741 128TH AV NE 15002 135TH AV SE LAKEWOOD WA 98055 KIRKLAND WA 98033 RENTON WA 98056 135230084000 135230095501 135230078507 OLYNYK STEVE NEWMAN DIANE M + ROBERT OL YNCO DEVELOPMENT LLC PHAM KEVIN V 341 SMITHERS AV S 1222 BRONSON WAY #100 209 FACTORY AV N RENTON WA 98055 RENTON WA 98055 RENTON W A 98055 172305907708 135230078002 135230072005 RENTON INN LLC VALESKO ALBERT D VAUPEL WARREN F 219 SUNSET BV N 215 FACTORY AV N PO BOX 755 RENTON WA 98055 RENTON WA 98055 RENTON WA 98057 135230071502 135230079000 WOLFGRAM MARY ZHAOJU QUAN 204 MEADOW AV N 205 FACTORY AV N RENTON WA 98055 RENTON WA 98055 NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) DATE: April 19, 2005 LAND USE NUMBER: LUA05-043, SA,A, ECF PROJECT NAME: Factory Avenue N Mixed-Use Project PROJECT DESCRIPTION: The applicant Is requesting Site Plan Approval for the construction of a 10,136 square foot 3-story mixed use building on a 14,656 square foot parcel zoned Commercial Arterial (CA). An existing vacant building is currently located on the northwest corner of the site and is proposed to be removed. Ground floor area will be 2,41 B square feet of retail space, second floor area will be 3,859 square feet of office space, and the third floor area will be 3,859 square feet and consist of 4 residential dwelling units. A parking modification was requested to reduce the number of required parking spaces from 28 parking spaces, to 26 parking spaces. PROJECT LOCATION: 108 Factory Avenue N OPTIONAL DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS-M): As 1he Lead Agency, 1he Cily 01 Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21 C.11 0, 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- Mitiga1ed (DNS-M). A 14·day appeal period will follow the issuance of 1he DNS·M. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: April 4, 2005 April 19, 2005 APPLICANT/PROJECT CONTACT PERSON: AI Johnston, AI Johnston Designs; Tel: (360) 458-4600 Permits/Review Requested: Other Permits which may be required: Requested Studies: Location where application may be reviewed: CONSISTENCY OVERVIEW: Zoning/Land Usa: Environmental Documents that Evaluate the Proposed ProJect: Development Regulations Used For ProJect MItigation: Proposed Mitigation Measures: Environmental {SEPAl Review, Administrative Site Plan Approval Building Permit Drainage, Geotechlnlcal Reports, and Traffic Study Planning/Building/Public Works Department, Development Services Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98055 The subject site is designated Commercial Corridor (CC) on the City of Renton Comprehensive Land Use Map and Commercial Arterial (CA) on the City's Zoning Map. Environmental (SEPA) Checklist The project will be subject to the City's SEPA ordinance, Public Works Standards, Zoning code, International Fire Code, International Building Code, and other applicable codes and regulations as appropriate. The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project Impacts not covered by existing codes and regulations as cited above. • Traffic Mitigation Fee in the amount of $75.00 per each new average daily trip attributed to the proposal. • The project will be required to comply with the recommendations found in the geotechnical report Comments on the above ~lc8110n must be submitted In writing to Jill Ha~soclate Planner, Development Services Division, 1055 S , Grady Way, Renton, WA 98055, by 5:00 PM on J 3. 2005. 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: Jill Hall, Associate Planner; Tel: (425) 430-7219 II PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION II '"' ~ z " 3 .~ z ~ 2"''b " .... 0 < bUllA) ~ ~ u < ... BRONSON WAY (151 AvE. N.) 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, Development Planning, 1055 So. Grady Way, Renton, WA 98055. File No./Name: LUA05·043, SA-A, ECF / Factory Avenue N Mixed-Use Project NAME: MAILING ADDRESS: TELEPHONE NO.: ________ _ Kathy Keolker-Wheeler. Mayor CITY '""IF RENTON PlanningfBuilamgil'ublicWorks Department Gregg Zimmerman P.E., Administrator April 19, 2005 AI Johnston AI Johnston Designs 6928 15th Avenue SE Lacey, WA98503 Subject: Factory Avenue N Mixed-Use Project LUA-05-043, SA-A, ECF Dear Mr. Johnston: The Development Planning Section 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 May 17, 2005. Prior to that review, you· will be notified if any additional information is required to continue processing,your application. Please contact me at (425) 430-7219 if you have any questions .. Sincerely, ~. fIJ2-. Jill Hall Associate Planner cc: Steve Olynyk I Owner ------------I-O-5-5-So-u-th--G-ra-d-y-w-ay---R~c-n-to-n-,W--as-h-in-g-to-n-9-8-05-5-------------~ ® This paper contains 50% recycled material, 30% post consumer . AHEAD OF THE CURVE .' '. f ' ' , " , ,.' I, . ,,' 'I' "., . '. , ',-, " . , ,-, :' ". " , -", ,.\, FRJEN,1fON ' " PlannitiglBuildlngfPublicWorlcs'Departm~nt , Gregg'Zimmerman P.E., Administrator' " -..aL -Kathy Keolker-Wheel~r; MayC?r Ap'ril'f9, 2005.' " , " --. , . ': .', , . ,': .; .SLiperint~ndent's 6ffic~ " Rentori School' District #403 ' 300 SIJV 71h sireet " Renton, WA 98055-2307- . "'. -.' ( , , , ' , , .,' , , ' .' ~, '. -' , . .. i',' , -. .;" -." , _ Subject: ': ' FactorY'Avenue N Mixed-Use Project" , , LUA-05-043,.SA-A; ECF.' ' ",'\ .. ' . ' The City .of RSl1ton Development Service~ Division has received an applic'ation for' a, mixed-use ' structure with 4 residential units',(3 two-bedroom, units; 1 one-bedroom unit) loca!edat, '108 , Factory Avenue N,Please seethe, enclosed Notice of Application for !urther details,,' " ", : • 0 ." , '. .', ~'.:. • ' '.,'.'.. -. " In' order to ,'process this application, the Developmerit ~ervice,~ Division needs to know which . Renton schools would be attended by chi,ldren living in the residential units at the'location. indicated aqove: Please .fill'in the app'ropriateschoolsont~e list below and retumthi~:leiter to 'my-attention" Development Services Givision, City of Renton, 1055 South Grady Way, Renton, , Washington 98055 by May 3; 2005:' , " ' : . ,-', .",',:'. Elementary 'School: e(.~ ", " Middle School:" ' ~~",.. ~zc:;, , High sChocil:----,.:',.-';zeL.,' =«~~"":::...=.::." ,-$-"'-'0.'71"''''''' :=;'-' --~---'-,~"'-'---,-:-----',.......,-7'-- 0il! the .. " S~h6?i~you h~v. e'indicate?~~.,able to.haridl~ theil11pa~t?:te ?idditional ~tuden,i~ estimated to come from the proposed development?,: .: ,Yes' " .' No' ",'" . , . . . ','" ' , Any Comments: ~~-:---__ --'--------c...,--'-------'--__ -'-'-_-'-- , ' , . "Thank you for' providing this important information. , 'project; please contact me ,at (425)43'0-7219. , .' "..". -, "" . ' , " ". -~ , . Sincerely,:', " , ' ." ';. ;, :~ ,I' ,.~-{/i) ,',,' .. ~', -o( ,Jill Hall' , , Associate Planner ' ' ... " If you have any questions (egardirig this " ' '", ,-' ,'.' , , . . ;.' ..•. , c ,,' . " , '" ~ " .' o '. J . , , - " , , ", Enel. ':-':-","" " ... " "',:.: ',', .. ',. ..~. ~"-+~. -" -"--" ""lO":'S-5-S-ou-t-h ~G-ra-dY-W-'-ay--.--R-e'c-nt-o-n."'w--a-sh-in-· ·~-t~-n":'9-8~O-55"'·.-'.:.-'-'-~-"------,R E'N ''1' ON, " , , ' ': .® This~rb,tain-~50'%~cledmate~I,30"i~'poslconsumer r ' . ' AHEAD OF THE'CURVE ", .' ~ ~ CITY 'F RENTON Kathy Keolkcr-Wheeler, Mayor PlanningIBuildinglPublicWorks Department Gregg Zimmerman P.E., Administrator April 7, 2005 AI Johnston AI Johnston Designs 6928 15th Avenue SE Lacey, WA 98503 Subject: Factory Avenue North Mixed-Use Site Plan Review LUA-05-043, SA-A Dear Mr. Johnston: The Development Planning Section of the City of Renton has determined that the subject application is incomplete according to submittal requirements per RMC 4-8- 120C and, therefore, is not accepted fo'r review. Please submit the following additional information to begin processing your application: • Please provide 3 copies of a title report and 5 copies of any referenced recorded documimts (Le, easements, dedications;covenants) issued within the past SO days documenting ownership and listing all encumbrances of the entire parcel where the project is being proposed, All easements referenced in the title report must be located, identified by type and recording number, and dimensioned on the Site Plan. The title report that was submitted was dated January 2, 2004, • 12 c,opies of a revised Project Narrative to explain the discrepancy between the square footages listed on the Master Application, the square footages listed on the Landscape Analysis, and the square footages listed on the Site Plan. These square footages for the residential and the office/retail portion of the structure differ please explain the difference. In addition, please specify the existing land use as the topographic map shows an existing building and subsequent parking area, and the Master Application and Project Narrative state that the site is vacant. ----------~1~O~5757So-u-.th~G~r-a~dy-W~ay---.R~e-n-to-n-.,W~as~h~in-gt-o-n-.9~8~05~5~-----------~ * This paper contains 50% recyded material, 30% post consumar AHEAD OF THE CURVE • 12 copies of a request for a Parking Modification, the modification must be requested in conformance with the attached justifications listed in RMC 4-9- 250.0. • 12 copies of a Site Plan drawn to scale. The scale identified on the submitted site plan does not match the scale of the drawing. If adjusting the scale of the site plan results in any changes to the site plan a PMT of the new site plan must be submitled_ Once the requested information is received, your application will be formally accepted and review of your application will begin. Please contact me at (425) 430-7219 if you have any questions. Sincerely, L;j~~'# Jill Hall Associate Planner Cc: Steve Olynyk / Owner .• Enclosure .', '" . /~( '.,.. -.-: \.' 'v j\ , " \ D_ MODIFICATION PROCEDURES: 1_ Application Time and Decision Au- thority: Modification from standards, either in whole or in part, shall be subject to review and decision by the Planning/Building/Public Works Department upon submittal in writing of jurisdiction for such modification. (Amd. Ord. 4777, 4-19-1999) 2. Decision Criteria: Whenever there are practical difficulties involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for in- dividual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, and that the modifica- tion is in conformity with the intent and pur- pose of this Code, and that such modification: a. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; and b. Will not be injurious to other prop- erty(s) in the vicinity; and c. Conform to'the intent and purpose of the Code; and d. Can be shown to be justified and re- quired for the use and situation intended; and e. Will not create adverse impacts to other property(ies) in the vicinity. (Ord. 4517,5-8-1995) 3. Additional Decision Criteria Only for Centers Residential Bonus District: For a modification to special development stan- dards in the Centers Residential Bonus Dis- trict RMC 4-3-095B3, the Department shall rely on the recommendations contained within the report on design criteria for modifi- cations prepared by the Economic Develop- ment, Neighborhoods and StrategiC Planning Administrator or designee as the basis for ap- proval or denial of the request. In addition to the criteria in subsection 02 of this Section, the request for modification in the Centers ReSidential Bonus District shall meet all of the following criteria: 9 -79 4-9-2500 a. Project uses a modified street grid system where most buildings front on a street. Where no public streets exist, a private street grid system within the project is provided. b. Project orients residential develop- ments to the street and has primary build- ing entries facing the street. Entries are identified with a prominent feature or de- tail. c. Parking garages are designed in a way which does not dominate the facade of the residential building. When garages must be located with vehicular access in the front due to physical constraints of the property, they are stepped back from the facade of the building. d. . Parking lots are oriented to minimize their visual impact on the site and are de- signed so that the size and landscaping support the residential character of the developments in contrast to adjacent commercial areas. e. Project provides direct pedestrian access from the street fronting the build- ing and from the back where parking is lo- cated. f. Walkways through parking areas are well defined and provide access from public sidewalks into the site. Walkway width is a minimum of five feet (5'). Pav- ers, changes in color, texture or composi- tion of paving are used. g. Pedestrian connections are provided to the surrounding neighborhood. h. Distinctive building design is pro- vided. No single architectural style is re- quired; however, reliance on standardized "corporate" or "franchise" style is discouraged. i. Exterior materials are attractive even when viewed up close. These materials have texture, pattern, or lend themselves to a high level of quality and detailing. j. A consistent visual identity is applied to all sides of buildings which can be seen by the general public. (Revised 8102) i I City of Renton LlIAos--Oli] uI1IJELOPMENT PLANNINC' LAND USE PERMIT CITY OF RENTO'" . APR -4 I.J05 MASTER APPLICATION RECEIVED NAME: -C-' ADDRESS: PROPERTY OWNER(S) ;2.2-2 APPLICANT (if other than owner) NAME: I 'r-f::t/.:=-~~~~~ CONTACT PERSON (gO -Lt ~ 1-a/lt. fc...x: Kc.ej Q:\WEB\Pw\OEVSERV\Forms\Planning\masterapp.doc08I29/03 PROJECT INFORMATION " PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: [b'i? F tA-c.1O(C.itV6-,j. 7.¥,S KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): EXISTING LAND USE(S): PROPOSED LAND USE(S): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: '/'rof(]lc:d.-? PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): !VA EXISTING ZONING: PROPOSED ZONING (if applicable): - SITE AREA (in square feet): SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (if applicable): PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NUMBER OF PROPOSED LOTS (if applicable): NUMBER OF NEW DWELLING UNITS (if applicable): ---------------------------------, P[)JECT INFORMATION contne ~--------------~~ NUMBER OF EXISTING DWELLING UNITS (if applicable): -0- PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF IT ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQZAR OTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RE I BUILDINGS TO REMAIN (if applicable): AQUIFER PROTECTION AReo 7 SQUARE FOOTAGE OF PROPOSED NON-RESI !J AQUIFER PROTECTION AREA TWO ,. BUILDINGS (if applicable): !J FLOOD HAZARD AREA SQUARE FOOTAGE OF EXISTI NON-RESIDENTIAL-=R-I~/tA>-'i'" BUILDINGS TO REMAIN (If applicable): _ 6 _ II< !J GEOLOGIC HAZARD NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if !J HABITAT CONSERVATION . applicable): !J SHORELINE STREAMS AND LAKES NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE !J WETLANDS NEW PROJECT (if applicable): LEGAL DESCRIPTION OF PROPERTY ___ SQ.fI. ___ sq.fI. ___ sq.fI . ___ sq.fI. ___ SQ.fI. (Attach legal description on separate sheet with the following Information included) SITUATE IN THE NU.J QUARTER OF SECTION 17 , TOWNSHIP .{3, RANGE o:iN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION 8, FEES List all land use applications being applied for: 1. S k.. plu,...J \. 0 Cl<:J 3. 2. 6UJl'r~TI'I.l.vJa..\ f/s 00 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/o) S-k.r:-(j~~ , declare that I am (please check one) ~e currenl owner of Ihe property involved in this application or __ the a od representative to ad for a corporation (please attach proof of authorization) and that the foregoing statements and answers h rein contained and the information herewith are in ail respeds true and corred to the best of my knowledge and beilef. I certify that I know or have satlsfadory evidence that ~L ~~A::: signed this instrument and acknowledged H to be hislherllheir flee a v;; "tary ad for the uses and purposes mentloned in the Instrument·· . (Signature f presentative) (Signature of OwnerlRepresentatlve) My appointment expires: L;I-e r· if Q:lWEBIPWlDEVSERVlFonnslPlonning\masterapp.doc08I29/03 » .... LEGAL DESCRIPTION PARCEL A: LOTS 14 AND 15, BLOCK 9, CAR WORKS ADDITION TO RENTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 47, RECORDS OF -KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF LOT 15 LYING WITHIN BRONSON WAY NORTH; TOGETHER WITH THAT PORTION OF HOUSER WAY NORTH, AS VACATED BY CITY OF RENTON ORDINANCE NO. 2722 LYING BETWEEN THE EASTERLY PRODUCTIONS OF THE NORTH LINE OF LOT 14 AND THE NORTH MARGIN OF BRONSON WAY NORTH. PARCEL B: A 35.0 FOOT WIDE STRIP OF LAND SITUATED IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND GOVERNMENT LOT 4 OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING A PORTION OF THE SAME PROPERTY DESCRIBED IN DEED FROM PACIFIC CAR AND FOUNDRY COMPANY TO PACIFIC COAST RAILROAD COMPANY DATED NOVEMBER 26, 1926, AND RECORDED IN VOLUME 1354 OF DEEDS, PAGE 8, RECORDS OF SAID COUNTY, LYING' BETWEEN THE WESTERLY MARGIN OF THE ORIGINAL RIGHT ,OF WAY OF THE COLUMBIA AND PUGET SOUND RAILROAD COMPANY'S ~NEWCASTLE BR-ANCH, AS DESCRIBED IN A DEED DATED FEBRUARY 9, 1885 l 'il:'FROMTHEOPHILAS BROWN, RECORDED IN VOLUME 41 OF DEEDS, PAGE 294 :UNDER~RECORDING NUMBER 13681, RECORDS OF SAID COUNTY, AND THE EAS:rERCY£t.4ARGIN OF HOUSER WAY (FORMERLY RAILROAD A VENUE) VACATED B" XIi:ORDINANCE NO. 2722 OF THE CITY OF RENTON, WASHINGTON, BOUNDED BY E:'EASTERL Y EXTENSION OF THE NORTH LINE OF LOT 14, BLOCK 9, CAR 'WORKS ADDITION TO RENTON AND BOUNDED ON THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF BRONSON WAY. " STATE of WASHING'ION SECRETARY of STATE I, SAM REED, Secretary oj State oj the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF FORMATION to OLYNCO DEVELOPMENT, L.L.C. A Washington Limited Liability Company. An application was filed for record in this office on the date indicated below UBI Number: 602 148 930 Date: September 04, 2001 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital r/ I I " '. LIMITED LIABILITY COMPANY AGREEMENT OF OLYNCO DEVELOPMENT, L.L.C. THIS LIMITED LIABILITY COMPANY AGREEMENT (this "Agreement") is made and entered into effective as of <"1;+ I..{ J '29 C) I ,2001 by and among the Persons whose signatures appear on the signatur page hereof. ARTICLE! DEFINITIONS , The following terms used in this Agreement shall have the following meanings (unless otherwise expressly provided herein): " "Act" means the Washington Limited Liability Company Act (RCW Ch. 25.15.005 et seq.), "Affiliate" means, with respect to any Person, (i) any other Person directly or indirectly controlling, controlled by, or under common control with such Person, (ii) any Person owning or controlling eight percent (8%) or more of the outstanding voting interests of such Person, (iii) any officer, director, or general partner of such Person, or (iv) any Person who is an officer, director, general partner, trustee, or holder of eight percent (8%) or more of the voting interests of any Person described in clauses (i) through (ill). For purposes of this definition, the term "controls," "is controlled by," or "is under commOn control with" shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. "Capital Account" means the capital account determined and maintained for each Unit Holder pursuant to Section 8.3. "Capit;j" Contribution" means any contribution to the capital of the Company in cash or property by a Member whenever made. "Certificate of Formation" means the certificate offormation pursuant to which the Company was formed, as originally filed with the office of the Secretary of State on S€f+ ~ 2001 and as amended from time to time. "~" means the Internal Revenue Code of 1986, as amended, or corresponding provisions of subsequent superseding federal revenue laws. "Company" means "OLYNCO DEVELOPMENT, LLC". "Company Minimum Gain" has the same meaning as the term "partnership minimum gain" in Regulation Sections 1.704-2(b)(2) and 1.704-2(d). LIMITED LIABILITY COMPANY AGREEMENT -1 .!" ~ ;:;:::::> / . . . Consent to Appointment as Registered Agent: I, STEVE M. OLYNYK, do hereby-consent to serve as registered agent for the corporation: OLYNCO DEVELOPMENT, L.L.C STEVEM. , - -2- \ ." . : " February 10, 2004 ': ' , " AIJohnston ' AI Johnston Designs '" 692815th Ave SE lacey, WA985.o~ "" :', ' , ,< ... " , .," ,,' ''', :,' , , . ". ,<C:lITY~lF]]~JE~TO,N: , Plalmi~glBuildinglPublic Works Department' , Gregg Zi~merman P;E;; Administrator: " . .•. .' ,,' " ' ,., , ; ',' )', ",. , " ,c. " " " , 'Subject: Incomplete Submittal;Facto'ry Ave No'rth"Larid Use Application , City Preapplication File#PRE04-041,' , ' o ' , , . '.,' , ',' . , This letteris;enrioadviseyou thatwe need addition'alinformaiionin 'orde~ to 'accept your application ascompiete'., anqbegin the,land use permit review,process for the FCictory Avenue Nort~ project.' With this letter I am returning' ,the applicatio~ pa~kage and check #1 012from Olynco'Development;lnc: for $1 ,500, We are retaining thi') sample, , ' " " boardand,also 3 copies cif the title report for review by the City Attorney apd our Property Services Section, You :, (, , will not need to resubmit these items, ' , .', , ,l-"'" ,', _" ':. • '" .,,: _, • , , ! '. We ~re stilllac;king the items highlighted on the 'enclosed 'subfnitiqlinstructions (see attached,submittal ',requirements for. Site Plan Review applicationsior further, details), ' '. ' " . -, ' . , , " ',' We look fory;ard,to rec~iving;hiS i~fqrmation (folded totitinsidelette'r ~izefileJolders) as'soon as ~ossibie'so that' ,':, , ' we may accept your application and maintain ourplanned review schedule, If you would like additional" " : , ' ' ,informatioh;please contact m~ at 425-430~n94" .; ," " -' -". .-' " ,",.. ' ", , " ': ~Sincerely, "', ,&l?~' , 'Laureen Nicolay " " , , , Senior Planner , , " , , .' "";,., t . cc: Jill Hall,Associate Planner " ehclosUre~,:Check #1012, " ," " , .',' , " ','. :. ' , .,: ' :r ,'. ' ., \,' " " ,,-' '" ' .... 'r, , ' , .' " ,." . ','. , " . . ~ " , .' " " _. : .- ",' .~ .. , , , , ' ';;:.'--,,-' -'-,--~--I-OS-~-s-ou~t:,-h~G-ra-,-,a-y".~,-a~~-::.,R,-e~nt-o:..n,~w".a-'sh'""I;;:.ng-to-n'-,9=-'gc':-O-::'-SS-'-----'----'-,:R E N T ~ " ' ,®:rhis~pGr~taimi50'%~cycl~material,3(WoPost~nsume~.' I. , " . ' it" -!"' CITYiOF RENTON cr~J.:'or RE~!dj;j··Ftl~ ... NO. lUA-03-102-llA 9.TY OF R(~ .. ION lAND)IECORD NO. I.NO-30-02"10 . ,. . .' . ./.' OE;cLARAU.ON .-JOO.'1/oz/ . ..o;-9C:::>C)L)/.1 rpORnON OF _~1/4 of NW 1/4. S. 17 I VOI./PAC( //..'i' ,;;(/ s T._~~ .• R.LE .. W.M. KtJO_'·.IU ~.;:8:~ IHI'si PRE~jS.·111AJ·fIE.. THE ACKNOv.t...EDGMENT SCHEDULE B EXCEPTIONS: LEGAL DESCRIPTIONS .·OtclERSlCN£Q,OYIH£R{S) Of"" THCU-NO H£REIN ~SCRI8ED 00 PARCEl ~ HEREBY Y~ A l!Jl UNf ADA'!i.lJ!IOIT THER£a;:..AHD STM£ IX ~ l ITEUS I THROOGI 4-NON SlJR'o{Y ITEWS, NOT p\.omo LOTS 14 AND 1" Bl..OO( 9 CAR WIlRKS AOOIllC»4 TO ... , OE~..JMIS LQf UHE ElJPbtA~ TO at niE .GRAPHIC SS HEREON .... • ':"-,,:.. ~o:.u~~lI~W~S~ ~ ~l ~~. = tk"~ --'tXUllY or"-f>I£FU . ~~:'I~'!"~Op~ ~~~E=~ ;E;:.oro ~ '"'''' •• ~cco;m4NC£ WITH THt O£SIR[ ~ Ttf£ O'MilfR(5 ""if.4-• • • • •• ,~ ;I'! Irru 5-STAIEr.lEIH RECAA(JlHG POSSI8l£ 'IIIQ.ATlON IX COUNTY, WA$HlNCTON; rSS ~EREOf" W(-l1AYE SEt OUR It • SEALS. TH. IS IS 16.:.c£R11FY THAT.,~ THIS ~DAY Of" RCW S8.17 IN RELAnClH TO SEGREG ... TlON .lND EXCCPT ~A' PORTION IX lOT 15 LYING WlTHIII 8lI:ONSON J •• -1?£tDI\~ 2OO:l=~E lot£. THE I,INDERSlCl"ED, A CONVEYANCE. WAY NOAlH; ~ I .,., ~TARY PlJlhJc IttANlH'QR THb·5-lNt Of" WASHINGTON. TOCED£R .TH ntAT PORTION OF HOUSER WAY HORlH, (JJJl. • -. .DUlY C~ AND S~ PERsoHAllt·APPE:AittD:.. ITOI51\ lHR(lJQi 9-R[CAADlNG Sl,lRVEY. AlGI-iTS Of AS YACATro S ... OTY Of"" RENTON ORDlNfoHC[ NO 2n2 DAVE KI~ :' _ ,;.0,"4 K'''~L KNOIIIN TO W.·.E'".fQ BE ~ 1NOI\1DUAl.(s);· .' PARnES IN POSSESSION. tJNR£CQfmED lIENS ... NO LmIG 6ETYoEDI.1ME EAST£Rt.Y PRalIJCllONS Of"'THE .' .:. OCSCRl8EO HER!!W TH ... t EX£CUM ~~CREGOINC ,"7-, ..... :·"'t,-r:"'/"'csw SlIR"\£rS NOT f"l.OTlED HEREON. HORTH UN£ Of" lOT 14 AND THE NORTH WARG"" OF f-_____________ -'-',-__ ·'o"c··c··e'·-j [)(DIC.~iION. ~ 'Mi0 ACKN.O~ TO IJE~'./ .r . SR(».ISOO WAY NORTH . . ' IHSJRUWEHT Jd BE T1f(.P;ff:~ \Q..UHTARY "G:l .. AHD .~~:. ntw 10-STUnIEPH ntAT TAX lOT 1723059114 IS NOT PARCEl S' :.~ ,Iltl:D OF SNO IHOI~S). n.·.JnE USES AND ~s ",-. .'1 .. lEG ...... LOT. • OTY Of RENTON APPROVA1.., .......... _, •.• 1\iERON ~NTIONm..~ ON O"'M'""STA"ltO m ... r '~~:".::. . ... 35.0 rOOT 'MOE STRIP Of" LAHO gru~:tm .. THE WAS ~fl-tORIze:o to (XEel.flE 1t£ SAiD IHS.lJl!J141IIT. o· .... ITDt 11-0[£0 (S TRUST R£COAOING NUI4J[R SOOlHEAST CXJARTER OF" Tl/£ NORTH"III{ST OUARrEA .,-.:" .:. .~..' .!' .,,>. {OOYERNWtNT LOT 4} OF SEcnOH 17. IO'IIHSHIP 2,) o-..;p.-. --.om _ ~ Oo\T Of"~,.,21-..... TNESS MY MANti AHD 0Ffla.i.i.. SEAl. TI:lE OAY MID YEAR .," 20000321000648,. REcaroS OF KING ~NTY. NORTli. R"'NG( 5 EAST. liI'.u.. IN KING COlJHTY. FIRST··J.t!O'o'E ~ntN.. -f. . .,,: ~~SH~TtJIIl ,. ,: :':. .,.. ... SHlNCTON, SEING ... PORnON OF THE S"'I.I£ PROP£RTY -' . ., .. :.' :." .':/ /. :.:' '.' y .;l£I,I 12-0££0 ·of···~ST. R(~ NUIJBJ'if ~~~o y't: ~~ffi~"';:~R~: ~~~~~ ,.o ... TED ~5 :lW .".;i.' 20000.~r~CI(Hl26. RLQOR1)S Of' .~ING·COlJJ:.I:.""', NO\iI').IEl£R 26, 1926. AND RECORtJ(Q IN VOI.1 ....... E lJ5-4 OF S'-OIA ruHE Of YI~·AI. nlf •. _ II.. ~.~INCT~. '.' . :. ocrns. PACE B. REConOS OF SAID COUNTY. L YlNG NOTAR'y··PuBUC pW{}"./{'f.:f(i4~ :" ':'. ,. .'. ' .. '. OCfWE[N THE v.£STrRLY UARGN OF lllE QRjCl/-j ...... RIGHT PRINTrn N"'ME·OC .:. ..; •.. c·ll£U lJ-6URlaNCrClf NOR!H(ffN lE~ OISCLOSEO BY Of W"'Y OF filE COlU .... BlA ",ND PUGH S()JNO RAILROAD NOTARY PUBUC .NqJ,If:.f. H1hin:s. ,~. 200J KING COUNTY UlC.,"OlL ::=., .... -_ .. "., ..... ,.. CQt.lPANYS.11EV>'CASTl£ BRANCtf. "'s DESCRlsrn I'" ... . .-. .:.. .,":. • .. " ... " .. :' '.':."" DEED o",-.ro 'fESII1iAAY 9. 16S5 HUJil THEOPHrt. ... S nru: ,Iqr!tU t't!1jlI(" . ''IlU 14'-'~~ST otEPi'RECOR~~G NU"'£lEi! ... 5J117.... . ':.. BRC....,.. •. ~CORDq:r'" vct.UIoI£ 41 OF DEEDS, PACE 294 j ,':,:i.:--R(CO'!DS ~'KING.£{):JNTY •. ~IHGTOH. '·"'0".,'" .":":. ',:-, UNOER:.~CCNlD.1lic HlJMBER 13681, RECORDS OF" s ... ro IoIY APPCiINTUEHT EXPlRES3/:lS"'L&.Q· .. ·". .,' .. _" .... • •. ,._ • -~: ,; COUl'flY .... ND.tHE E"'STERlY "'ARQH Of" 1iQUS(R W"'Y ··"I"fEfot"'~-CONS9tlO ... IED .... flIHG.l.GE.··"#ECOflo.NG·~R'· :.' (F~U£Rl.Y ~OAD A'<[NUE) V"'CATED BY 0RDIH..,...a: 662557B.·Rt;~~S ~J\iNG ~TY •• ~.~f(~\. ..f ,~~~~.,~ ~ ~~~B~E~r( ... ~=~G;~'lSlOO HEV 16-CONsaJijAlili IoIOR~. R[~G '1~BER .!' ... :. OF lH~·::"NORTH lIN( Of LOT H. 8LOCK 9. CAR ~S 9707J0045.5. RECORDS Of IORC COUNrt:·~GTOfoi. .,~. MlOI:m:lH TO RENTON AHO SOUNDED ON THE SWTH BY Alat aJ..llr .f~ 6"'h 1. ___ >1. ....-"'.~ <7 P'L_~/f'l&JC 1fOII($ •• ' .. , KING COUNTY DEPARTMENT OF ASSESSMENTS ;::. NGN:bt:' lHS n..DA~"jcn;:"~t:,.:~ ~ "/"'J' ""'::""..1 . ",. .. '~~I: .'. ~~~_~;.;~ .... ~~~~.i.'~1:. .... ;; ;,.#':;. ... H .. ~-e.: (~~ :::::-~.~\ %, ~ ,.u.~~ :; i .~>~q '~ .:: ACKNO'M...EDGMENT .-."., :.,,;., .," .".: ::"!. .,: -",:' ':':" . :' .:' .,." l ~ .,//"',I';::~·5:~~. TH!S.jS""'Q .. ~11FY ~"'T a.. THIS ~---D"'Y (Jf" ~ 200J.:"9EFORE 101£. THE uttOERSIOIEO. ... .' .'.: THf<'NORTH RIGHT OF WAY UNE or BRONSON W"'Y • Irru 17-C£N£R:Al urN YORTG":Gi:',··II1EcceDlIolC",NUIoIBER./· 9707JOO591. RECORDS Of" >(IHG COUNTY. W.4,SFnNCTQN.:.'· ._ ITD/S 18 THROUGH 21-RtS(RV ... TIONS .Io.NO ,..; •• :. .' .:}'.=" PlOT.f.fIt£ nEWs. "-/ .... .oESCRIPnONS PROVIO€O BY lAwr£RS nru: ACEN'CY or W ... SHINGTON UNDER OROER HUNSER l.lO662, 0'" TED JUNE 10. 200J. .. :::, .... , ... _. .",.,..;.,.: .. /., DevCLOPMcNr P CiTy OF ~'2foJ:r~~tvltvG APR ~ 42005 RECEIIIED .} .. 'CTARY ~.lC IN ~ flJR nt£-&MU;;.~ W"'SliINGTCH, t~' put. Y W.,;!.S:OOEO· AND ~N. PERSON"AlU' A?PEAREO .J8..~ '-:I(Hpllih TO liE TO BE mE"·lto .... OUAL(S) lTD/ 22-["'SOIENT FOR S£I\£R I'\.IRPOSES,. RECOR'OIHG NUIoI8ER 5512J96. ReCORDS OF >(ING COUNlY. WASHINGTON NOT SUfF\CI£Hll Y D£5rnIBEO TO PLOT HEREON. cmsCRia£O H£R~ TI:I,r EX£Cl.nro Jl:IE FOR;::OOINc D£[)lc.o.nON, ~ ~ AO<NO'!oma:o:.;ro ME mt SAID .. : ... -.... IIEIot 23-EASEWENT FOR unUIY·PURI"OSES, RECOROING INSTRU"'[~F'lC ~. THE. me;~''''NO \OO.:W(l"IIRY ~r ANQ.· •.• :.; NUIoIB£R 7209080615. R(caH>S a-KIIIC COUNTY, ,oUO .Of>SAJO 1I~w)uAI..(~. fOR THE usrs:<WD PURROS£S :': W':'SliI~TON NOT SUff!CIEtlfLY DtSCR!9£O TO.PtOT nmQltl IoI[lHlo;.£D .... ND.·:ON O"'TH ST ... T;::O IH"" HEjSHE .,.. H£R(ck ~'.'" w ... s ... UTl1OR1lED TO EXEt;vTE ~. SAID II'ISTRU"'E~!T. .' . ".:.: I'IImESS WY H"';io. ANO ~;~.::c:' ~Ai."·f\I[ 0"'1'0;;;'0 YE ... I{ 1n:M 24-[~sEU[NT ,F05/: .. ""ATERLINE f'UR."'05[S. '!~T ABOVe: "o\RITlt1'l.. .... ... fl(CORO<N~.N\J"'S(R 91DJ1~~~91> "'S PIQnte HEREON. ___ . . ":." ...... -.... ..~.' :: . lIT'" 2.:>O-E"'S!:loIru·T fOR R~O~··SPI.lIt.pUR?OSES. . . OAW D~~ 'i'.£Dt,.3 .: ...... _; RECQilDlNG \ljlJi.lB[R 20000414001304 "'S·f.t.OT~!?. AQUIFER PROTECllON AREA NOTICE THE LOTS CRUT[[) H£RElN fAIl. f1IfHIH ZONE I (T R£NTQN·S ... 0tJIf(R PROTECTION ARE'" AHO ARE SU6.£GT TO lHE REOUIR(I,IENTS Of THE OTY Of"" RENTON OROINANCE t10.4J67 At<D "'S ""'ENOiO BY QROIN.A.NC( NO. 4740. THIS OTY'S SOlE SOURCE or ORIIf...:JHC w .... rER IS su~Puro fRO/IoI A SH...u.Ow MUliER I..IND£R THE ory SURF ... CE.. lHl~E IS N.O NATURAl. BAARIER 8ET'I.£Ett TH£ 'Il"'T"ER TA9l[ AND GROUtlO SlJRrAC(. [X!"RfM[ CAR( SHOJLO BE: EX[RC/S::Q IItIEN H ...... OUNG OF ANY UOUI{) SUBST.A.NC( OTHER TH ...... w .. rER TO PROTECT f"R~ CotHACT WlrH THE GfiOUtID SURF ... CC. IT IS nit: HOI.IEO'flt.lER·S RESPON'lIflfUTY TO PROTECT THE elY'S DRINKING WATER. V~~~':'~~~,..J..,x,/{,~ H;~ON." /'''', ", ..•.. {l{~". ~~rr~:uAtol£ '?* .. ,r~JI;:.!n .. ~ ~ THROtJ~ 31-NON:~VEY :~~:~,OT F1.on~: SURVEYOR'S NARRAllVE: l iU..~.~ Ali BUC ·c". ~ ...... -~: : .:.: •• ' --"lHE.fflRPOSE Of" THIS LOT UNE AD..IJSl\IENT IS TO ';_~ •. a_'::; nn..e:.-.. t/"Uff4 j\,8l.'~ ~'.!\ "Ir~...... .,'.' __ .-EU/oI!N .... TE. tHE lINE SElYI£EN LOTS 14 AND 15. tHE -'. ~ ." ,. • ., '1. -.' .,' :,'.: HOl1Sf:R VIi(( VAC"'TED RlCHT Of" WAY UH£S, NlO THE ""'~"""'" 1oI~·¥f'OIHNENT EXPIRES ~ f ~~ ~... .... ../:., . ...-: ."F <.::.-:r.£ BE~~~:;.~~.~,:O ... 35' STRIP OF ~ ~ ~ f. ,. / :'::: . '."'.. ·~SUl.:r;J.NT.flAAC£L ~1NlfltD~ TO 8£ fREE OF R!:~~~~E~:Fl~::T ~ k20a.1 '·7f,i,:::~i./ zt _.:}::.~~~ U;~:~~CT ONl"} ~,:;::.!"""",:; ". ATl:a A~IN BOOK.M""()f"~T P"'~T LAND SURVEYOR'S CERTIFICATE J. •••••• KIMBERLING; :t::~ .. ; THE REOIJESI Of VICTOR J. BANKS THIS LOI UNE AQ..tIS"RoIEHI CMRECn.y FlD'R£SENfS IJJMjS D R STRO NG ::W·" T '·U~· NE ':A'" DJUS" T"PN" T .O>=':~/~ SlJR\o£YOR'S NAloIE ... SURIlEY"AO£ ElY U[ OR UNOER YY ~CT SUP£R"w'IgoN • • • ...., ll~'" ~ t/:. L ~ IN ct»If"OINAHCE .... nl 1"HE RECiUlRDlEi'<TS OF ltiE ConMJ/tJng Engtt-a Inc.. . ";.;", .,:' .:'. t' :, ~ Ie J.J' -=-...-OPRI ... TI; ST"'lE .<IHD COUNTY sr ... run; AND EHGIHEERS • I'L.NItIUIS • ~ 01llN BY D"An;·.. .JOB .. q,.. ••. WAN" SUPT. OF RE S OROIH~IH :zoOl ._ M: _ I'l..oQ. ...-..:... __ ... -w PlS ····.,.ujis/O.3 ~~ OJ1~3:Z04.000 /. ..... (4l:5) tn-.-., _ (~ azJ-24U . _\. , .. ~ RECORrnNG NO. -011(0. QY SCAlE • '" SHEET V· .::1003 /.:L/S ?e:>oI!>d/3 CERnflCATENo. 31445 ~ V...a N/A·..s OF2 --=,; .IL .. 0_ ~ MEADOW AVE. \ ~ :£ ~ -:: ~ ii ~ 1-~ ~ ... ~ 0 I o , > • ~§~ • ~ " ~ ~ r 9 • 9" > >. ~ c~ !l. ... §. ¥~ !I. B I~ " " " ",-p~ ~.c "" -.... 2 I~"~ -. :::J ! t ... ~~;l; : i I ~ I " I:: '" jII '" ~i· i(j~ ~. I ~ . :"l:" ~ .:"ui . '! "Oi~ .~ > §" ~~ ~a "-Ii '" g~~ ~~~ U, • I~ "0 ~.~ . ~iH ~p~~~ ~~ e ~. i I .~ ~ f)q~ ,.. ~ ~ .... ~?i: ~ U ~ i IHh 2~ f" I • 'a § ~ ~ . ~1l > • ~ ~~ • n . ~ > > ~ . " '" ~ ~e " .-~ r • f a~ m~ " •• ~~ • " t ~ " is; " Lawyers Title Agency of Washington Olynco 1222 Bronson Way N. Renton, Washington 98055 RE: Butler I Olynco 108 Factory Ave N. Renton, Washington' 98055 Date: January 2, 2004 File # 330662 In connection with the above captioned transaction, enclosed please find the following: IE Commitment IE Document Copies D Loan Policy DOwner's Policy D Other: We trust the above is satisfactory to you. If you should have any questions, please do not hesitate to contact our office. Shawna R. Cruikshank, Sr.Titie Officer, Unit Manager Bill Quast, Sr. Title Officer • Donald Peterson, Title Officer Suzanne Desseau, Title Officer • Joann Leadley, Assistant Title Officer Direct: (425) 283-1420 • Fax: (425) 637-9820 Email: etu@lawyerstitlewa.com 15014"' Avenue, #308. Seattle, Washington 98101 Lawyers Title Agency of Washington Eastside Title Unit Shawna R. Cruikshank, Sr.Title Officer, Unit Manager Bill Quast, Sr. Title Officer • Donald Peterson, Title Officer Suzanne Desseau, Title Officer • Joann Leadley, Assistant Title Officer Direct: (425) 283-1420 • Fax: (425) 637-9820 Email: etu@lawyerstitlewa.com· 1501 4th Avenue, #308 • Seattle, Washington 98101 THIRD REPORT SCHEDULE A To: Nelson Escrow POBox 217 Order Number: 330662 Your Reference: Puyallup, Washington 98371 Attn: Nella 2/1 1. Effective Date: DECEMBER 24, 2003 at 8:00 AM 2. Policy Or Policies To Be Issued: (X) ALTA Owner's Policy, (10117/92) Short Tenn Rate Amount: ( X ) Standard () Expanded ( X ) Extended Premium: Expanded Coverage Policy is available UpOIl request. Tax: Proposed Insured: Olynco, LLC (X) ALTA Loan Policy, (10/17/92) Simultaneous Rate Amount: C) Standard (X) Extended Premium: Tax: Proposed Insured: ( )ALTALoanPolicy,(10/17/92) Amount: () Standard () Extended Premium: Tax: Valley Bank Page I of1! $515,000.00 $2,169.00 $180.02 $412,000.00 $614.00 $50.96 $127,000.00 $150.00 $12.45 Order Number: 330662 3. Tbe estate or interest in the land is described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to said estate or interest in said land is at the effective date hereof vested in: James A, Butler and Davi~ Kimberling, each as to a separate estate and presumptively subject to the commWllty mterest of theIr spouses, as to Parcel B 5. The land referred to in this commitment is described in Exhibit A. Lawyers Title Agency of Washington, Agent for Lawyers Title Insurance Corporation Shawna R. Cruikshank, Sr. Title Officer, Unit Manager Page 2 of 11 Order Nwnber: 330662 EXHIBIT A Parcel A: Lots 14 and IS, Block 9, Car Works Addition to Renton, according to the plat thereof recorded in Volume 15 of Plats, page 47, records of King County, Washington; EXCEPT that portion of Lot IS lying within Bronson Way North; TOGETHER with that portion of Houser Way North; as vacated by City of Renton Ordinance No. 2722 lying between the Easterly productions of the North line of Lot 14 and the North margin of Bronson Way North. Parcel B A 35.0 foot wide strip oflarid situated in the Northeast quarter of the Northwest quarter and Government Lot 4 of Section 17, Townsliip 23 North, Range 5 East, W.M., in King County, Washington, being a portion of the same property described in deed from Pacific Car & Foundry Company to Pacific Coast Railroad Company dated November 26,1926, and recorded in Volume 1354 of Deeds, page 8, records of said County,lying between the Westerly margin of the original right of way of the Columbia and Puget Sound Railroad Company's Newcastle Branch, as described in a deed dated February 9, 1885 from Tbeophilas Brown, recorded in Volume 41 of Deeds, page 294 under Recording Number 13681, records of said County, and the Easterly margin of House Way (formerly Railroad Avenue) vacated by ordinance No. 2722 of the City of Renton, Washington, bounded on the North by the Easterly extension of the North line of Lot 14, Block 9, Car Works Addition to Renton and bounded on the South by the North right of way line of Bronson Way. (Also lmown as City of Renton File No. LUA-03-102-LLA, recorded December IS, 2003 under recording no. 20031215900013.) End of Schedule A Page30fll Order Number: 330662 SCHEDULEBI I. The following are the requirements to be complied with: A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. B. Proper il1strument(s) creating the estate or interest to be insured must be executed and duly filed for record. NOTE: FORMAT: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder .. Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8 11," by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: Title or titles of document. If assignment or reconveyance, reference to auditor's file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names 011 following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter section for unplatted). Assessor's tax parcel number(s). Return address which may appear in the upper left hand 3" top margin. II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. B. Any policy issued pursuant hereto will contain the Exclusions From Coverage and, under Schedule B, the standard exceptions as set forth and identified as to the type of policy on the attached Schedules of Exclusions & Exceptions. End of Schedule Bl Page40fll Order Nwnber: 330662 '. SCHEDULEB2 Special Exceptions: 1. Payment of real estate excise taxes, if required. The property described herein is situated within the boundaries of local taxing authority of: City of Renton. Present rate of real estate excise tax as of the date herein is 1.78%. 2. General taxes and charges: I" half delinquent May I, ifnot paid; 2nd half delinquent November I, if not paid. Year: Amount billed: Amount paid: Amount due: Tax account no.: Levy code: Assessed value of land: Assessed value • of improvements: Affects Parcel A 2003 $3,494.10 $1,747.05 $1,747.05 135230-0955-01 2100 $93,800.00 $220,300.00 3. General taxes and charges for the year 2003, which have been paid. Amount: $6.50 Tax Account No.: 172305-9174-00 Levy code: 2100 Assessed value ofland: $0.00 Assessed value of improvements: $0.00 Affects Parcel B 4. The matters relating to the questions of survey, rights of parties in possession, and unrecorded liens .for labor and material have been cleared for the loan policy which, when issued, wiIl contain the 100 . endorsement. 5. The legal description in this commitment is based upon information provided with the application for title insurance and the public records as defined in the policy to issue. The parties to the forthcoming transaction must notifY the title insurance company, prior to closing, if the description does not conform to their expectations. Page 5 of 11 Order Number: 330662 · . 6. Deed of Trust and the terms and conditions thereof: Grantor: James A. Butler, a married man as his separate estate and David Kimberling, a married man as his separate estate Trustee: Law Offices of Lawrence E. Nelson, P.S. a Washington Legal Services Professional Corporation Beneficiary: Bitney Company, a Partnership, and Dean Bitney, Trustee of the Dean Bitney Living Trust dated April 9, 1991 and Jo Bitney, Trustee of the Jo Bitney Living Trust dated April 9, 1991 Original amount: $260,000.00, plus interest and penalties, if any Dated: March 16, 2000 Recorded: March 21, 2000 Recording No.: 20000321000648 Affects Parcel A 7. Deed of Trust and the terms and conditions thereof: Grantor: Services Beneficiary: James A. Butler, a married man as his separate estate, and David Ki Law Offices of Lawrence E. Nelson, p.s. a Washington Legal Professional Corporation Original amount:" Dated: Recorded: Recording No.: Affects Parcel B Bitney Company, a Partnership $327,750.00, plus interest and penalties, if any May 3, 2000 May 12,2000 20000512001126 8. Evidence should be submitted which shows that Olynco, LLC is a duly authorized business entity, together with evidence of the identity and authority of the parties who wiIl execute the forthcoming instruments for the named entity. 9. We find no pertinent matters of record against the name(s) of the proposed insured owners. 10. Reservations contained in deed recorded under Recording No. 477920. 11. R,eservations contained in deed recorded under Recording No. 662563. 12. Easement and the terms and conditions thereof: Grantee: Municipality of Metropolitan Seattle Purpose: Sewer line Area affected: Portion of Parcel B Recorded: November 28, 1962 Recording No.: 5512396 13. Easement and the terms and conditions thereof as disclosed by City of Renton Ordinance: Recorded: September 8, 1972 Recording No. 7209080615 Grantee: City of Renton Purpose: Utility Area affected: The legal description contained in said easement is not sufficient to determine its exact location within said premises. Page60fll Order Nwnber: 330662 14. Easement and the terms and conditions thereof: Grantee: City of Renton Purpose: Water utility line Area affected: Portion of Parcel B Recorded: March 18,1991 Recording No.: 9103181696 15. Easement and the terms and conditions thereof as disclosed by Quit Claim Deed: Recorded: April 14,2000 Recording No. 20000414001304 Purpose: Railroad Area affected: Portion of Parcel B 16. Terms and conditions of an Act of Congress approved July 2, 1864 (the Northern Pacific Land Grant Act of 1864) providing for the construction and maintenance of a continuous railroad from Lake Superior to Puget Sound. 17. Any unrecorded permits, licenses, easements and agreements entered into by Burlington Northern Railway Company, or its predecessors in interest, pertaining to the use of the right of way by other parties for water, sewer and electric lines, private and public roads and railroad crossings. 18. Any law, ordina~ce or governmental regulation, (including but not limited to, any requirement of approval, consent, exemption or other action by, notice to, or filing with the Surface Transportation Board<successor to the Interstate Commerce Commission>ofthe U.S. Department of Transportation, or any public utility commission or other regulatory authority) restricting, regulation, prohibiting or relating to the abandonment, cessation of rail operations or disposition of the land described in Schedule A, or the effect of any violation of or failure to comply with these laws, ordinances or governmental regulations. 19. Any right, title or interest of current or former owners of abutting lands who may hold reversionary rights or underlying fee title to said premises in the event the deeds conveying the property to Northern Pacific Railway Company created only an easement or established reversionary rights, and rights of lien holders on abutting lands based upon any assertions that the right of way is encumbered as an appurtenance. 20. Unrecorded Easement for overhead utility line as disclosed by D.R. Strong Consulting Engineers, rrtc. drawing no. 03-163.100. . Affects Parcel B 21. Reservations and other matters contained in Deed. Recorded: April 14, 2000 Recording No.: 20000414001304 22. Parcel B must be conveyed by Statutory Warranty Deed. 23. No environmental Endorsements will be issued for Parcel B. 24. Matters set forth by Survey: Recorded: December 15, 2003 Recording No.: 20031215900013 Page7ofl1 Order Number: 330662 Notes: A. Abbreviated Legal Description: Car Works Add. to Renton, Lots 14 and IS, Blk 9 B. Property Address: 108 Factory Ave N Renton, Washington 98055 c. Investigation should be made to determine ifthere are any service, installation, maintenance or construction charges for sewer, water, telephone, gas, electricity or garbage and refuse collection. D. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. E. Unless otherwise requested, the forms of policy to be issued in connection with this commitment will be ALTA 1992 policies, or, in the case of standard lender's coverage, the CLT A Standard Coverage Policy-1990. The Owner's Policy will automatically include the Additional Coverage Endorsement, when applicable, at no additional charge. The Policy committed for or requested may be examined by inquiry at the office which issued the commitment. A specimen copy of the policy formes) referred to in this commitment will be furnished promptly upon request. Page90fl1 Order Number: 330662 LA -V\/YER.S TITLE AGENCY OF VVASHINGTON PRIVACY POLICY We Are Committed to, Safeguarding Customer Information In order to better serve YOUT needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling OfyoUf persona1 information. Applicability Depending upon which of our services you arc utilizing, the types of non public personal inJbnnation that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing. in person, by telephone or any other means; • Information abou~your transactions with us, our affiliated companies, or others. and • lnfonnation we receive from a consumer reponing agency. Use of Information We request infonnation from you for your own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your infonnation to nonaffiliated panics except: (1) as necessary for us to provide the product or services you have requested orus; or (2) as permitted by law, We may, however. store such infonnation indefinitely. including the period after which any customer relationship has ceased, Such information may be used for any internal purpose, such as quality control efforts or customer analysis, We may also provide all of the types ofnonpubJic personal infonnation listed above to one or more of OUf affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, Or companies involved in real estate services, such as appraisal companies, home wnrran[), companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above. 10 companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements, Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpubJic personal information about you to those individuals and entities who need to know that intbrmation to provide products or services to you. We will use OUT best efforts to train and oversee our employees and agents to ensure that your infonnation will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federaJ regulations to guard your nonpublic personal information. Page 10 of II Order Number: 330662 • .' '. Lawyers Title Agency of Washington 2702 Colby Avenue, Everett, WA 98201 Order No. 330662 :::::::::::p_::_~i::::::f.!''':-''-''' ------------9-T---------. \ -l ' 6l. 68 / o 6 ' I I .. , 8 / \. : / ---.---_. ----\-... ~-.-I,.. '" / ,,%'(:J I~ "'// 7 .. \,,,:, 'tt'I Cb' I .. ~\ 'oq Vii .,. :......,' ---..... ---... -----~-.-_i " ~ 11 ~?~4120 5. "<;,"I07D ~' ~ 12..,'S<:>~.c!20 SF ","I 0715 rf' '" 13 .. 1~~73B SF '" ·~"I~0720 <::)03 SF 10 1 --\:.' t-9 0' " g en ------__ J!2 ______ ~ / -g~ ~ 10 2.5.7 .. i ~ 4}' .~ ,._""':"~___ ~ --------HUg~:~f.;~ 103 ~/ .!j 103 16 0 11 I'?~/ 8 . .,~;.Q 'V I j07. 04 ""/ --....... -~T .... -----... I · .. --....... -.... ----... i' .. 1 'l'" ~ -_____ .::::>.'0 __ • ___ e I) 8240 SF 12,' :13:a9~6::! 8240 SF' 2 c:soe 0840 100.56 " -------.. __ .... 3 ,.4~120 SF ... ~q;0a15 rJ..'" 4 ~"~4120 "",""re20 6 ~ S . ".' 13 2295" SF 0 .~ ,:,: DB2S" 1iI--------------1:1 1.,.--------------" "'> , '14 • " 'e .. ~ 7 "'~5 '''' __ ~' , ..... --_.-_ ...... -..... 30 30 13 94.06 ... __ .-_1 0 to-------.--v ;.;.;-~:,.J,-""""7-__ N '2E!5. 20." ..... : :.""''-''~' ),... • . • • • -;,;...,;..-:. t:,.' u-·-~· 0 .' "·~~·i-3 ... sg2-'"3w n In "f." - t N SF This sketch is provided without charge, for your information. It is not intended to show all matters related to the property including, but not limited to: area, dimensions, easements, encroachments or location of boundaries. It is not a pat of, nor does it modify, the commitment/policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information DEVELOPMENT SERVICES DIVISION- ENVIRONMENTAL CHECKLIST City of Renton Development Services Division 1055 South Grady Way, Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 DEVELOPMENT P CITY OF f1'-'-N~~NING PURPOSE OF CHECKLIST: APR -~ 20G5 RECEIVED 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 ali 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 NON PROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on poliCies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. Q:IWEBIPWlDEVSERV\FormslPlanninglenvchlst.doc08/29103 A. BACKGROUND 1. Name of proposed project, if applicable: --.u FftClOl'!-y ;"VC; NU& ryl>R \ 'I 2. Name of applicant: ST£VG ol-ytJy K. 3. Address and phone number of applicant and contact person: STE'V6 . O~NY K . \2.?2.. "3 ~d)J Wfr'l1'1, $(.,qrCi (OD ... ~~~ oJ h qe,o'.b-S- Date checklist prepared:# I"2.JlOJOb 4. 5. Agency requesting checklist: GI1\( of t< 8' ~srD~ 6. Proposed timing or schedule (including phasing, if applicable): .. 'S;:pRJ./-s1!:P' $ C;:;U~fl,{ BR. 0+. ;2.00b'· 7. Do you have any plans for future additions, expansion, or further activity related to or connected . with this proposal? If yes, explain. 1\.10 8; List any environmental information you know about that has been prepared, or will be prepared, di;Sbr~lr~tOth~e~~T) 13RA-D L.t?'y-NOiSl-G 6e07ec/a)tOti- 'S~tClr-S Drt-l'BP "Dec... "5 ~d 2 004 I . 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. I . . ~D ~~~ 10. . List any governmental approvals or permits that will be ne£.ded for your proposal, If known. \,L~;\.'\j c.cn ~ \"'/ of 1<gtJ~ BV.I£"'blij~) ~'DR-fH~ t'\-~S 11. Give brief, complete description of your proposal, Including the proposed uses and the size of the project and site. . . <!. Q~ST~ fr 3 $TD ~'f MlA L \ (,ol,l> g 13 t,NuA) IIoJ G.I /),Jrtvr 9lf! 'KE1'TI4IL-$f~ OFJ 4f2(vut->D F /..-DO~ Me-PIeri{.. 4 ~LcG' 5fkE' o~ 2-t-fb Fl,..cX)(L vi-IJ.D .4{ rt-p~M~ oN <3 lei F~DOR Q:\WEBIPW\DEVSERVlFonnsIPJanning\envcblst.doc 2 /j 12. : .. / B. 1. . '-,.' . 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 slte(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, 'requlred 'to duplicate maps or detailed plans submitted ,with any permit applications related to this checklist., Nc>(Z'rtl E:f}Sf-~p.A)tiT2 0+ tS£O~~ ~"1 ~ ~ F ~"tOt2.. ENVIRONMENTAL ELEMENTS EARTH a. General description of the site (circle One)@olling, hilly, steep slopes, mountainous, other . b. What Is the steepest slope on the site (approximate percent slope?) /0;0 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. Loose' il:?~-"Be.,guJloJ S ,1.'1t FI/Jtl S~ o V tJ1l. Loos 17 ~ s;tf-.) l:> d. Are there surface Indications or history of unstable soils in the immediate vicinity? If so, describe. 100 e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. t-.}ci. (I... 3"'1t:> CD" D~ -gf\-S~ i'Jf>t7 6t/2..04u ~ 't ij"" ~() NC.f4t-r-~L~ 4' ft-S JI kJH.:t pJff.¥.~ ~ €A f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. 'ND g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? go /,6 . e.J £.1v-I1 h. , ill ~ re'vuJA\o-.. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: t,J c..o ('I1P Id 'P ,c. 'l}ls-rf'r/..L 'F\L..re-~ 'F.ABf2,Ic...# FffNCJi' tt FIL--r872"'~(f\c.I-1-'-\-'D fA-B 12tL A-T GIf-"tC-tI EItSt!J<S, r ~fI"-por()..'(\ 10' +<-o~ . . "" cfll'L e.ro5 <v", Q:lWEBIPW\DEVSERV\FonnslPlanning\envchlstdoc 3 2. AIR a. b. c. 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 appro~at~ gual"!!!ties if known.. Il fI J 's +-. .. ~""I __ [ yY\ I jJD47-: ~Ik(f l+f,e-~ t:' x. ~ 'JM.AU"1 \!,t'1" ( /2.W--l Iq}'" .! " " ,',... , '. " : . . ,I .'. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. iI "('-... NO. ~~ ~~)'6 t~' \ d-Proposed measures to reduce or control emissions or other Impacts to air, If any· '1. • 0:1\"...-11<-. • \ lI... \ r-:: ~'t' \a~'l 'oRSO-N UJ .... cr cJ I ~ """,."~ I 1> ,00-0'-\ r<L't'-"l ~ '(IJ)''i/L 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. ~Cl) 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. N~ 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. ,Nt:>l-la 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. N~ . 5) Does the proposal lie within a 1 Oo-year flood plain? If so, note location on the site plan.' ~O 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. rJ C) . : Q:\WEBIPW\DEVSERV\FormslPlanning\envchlst.doc 4 , 4; b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. 'NO 2) Describe waste material that will be discharged Into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. tJD~lS c. Water Runoff (Including storm water): 1) 2) d. 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 s0\o..describe. , . ,}~ _.J.. :5>\O~\1A W ~ "-) ~VJlr-MN ()..t-J It-/'JCU::> /oJ I 1'0 [3e-(!Of/ec4 t1J> /,..:l (! I\·:tcl/f "5t\S t f-.& Il1-' j) Bb fJ V li"/&" I> ;-0 ~ '3 tJ e1) :;''to~ W~ -SvS.i&WI Could waste material enter ground or surface waters? If so, generally describe. "-10 \. \ '. MJ'1\~.r Proposed measures to reduce or control surface, ground, and runoff water Impacts, .If r<!-v ,-evl '~ cl,Oc' a.nr: S..\orf!1 to.>,'\ I N ~ J,.) e'. i fY\-p<>-c.:I :> :I- PLANTS occ..u-,' 0-fY'-A- bu-;IJ-, r;'\ ~ ~d ~u ,'e.,v>I Jrd, LoJe'1i b~rtkiqc -10 c.orr'-f'.::J "J {~ 1'1' ~d J<J.r vU~~~~\\.f.lW'-' a. b. c. Check or circle types of vegetation found on the site: __ deciduous tree: alder, maple, aspen, other __ evergreen tree: fir, cedllr, pine, other ~ shrubs olJ ~tu).f>b'-a..:t-,/ /"'1""'" __ 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 What kind and amount of vegetation will be removed or altered? ~C>NG List threatened or endangered species known to be on or near the site. 1'Ji)~6" d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: 5 iTt:r-~~s:c~f' I~ Got Y'L.. A+J Q:\WEB\PW\DEVSERV\Forms\Planning\envchlst.doc 5 - 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, oilier $1lJI&,; ~ Mammals: deer, bear, elk, beaver, other ~ Fish: bass, salmon, trout, herring, shellfish, 0~iJ# b. List any threatened or endangered species known to be on or near the site. IJ (H1Ef" c. Is the site part of a migration route? If so, explain JJ/Ir. d. Proposed measures to preserve or enhance wildlife, if any: Nfr . 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. ~ 1.-t:r<:',..12 • c. I H ..., ~"t-u.I2*(.. 6\I4S b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. 'JJD c. What kinds of energy conservation features are Included in the plans of this proposal? List other proposed measures to reduce or control en~rjlY impacts, If any: /l.) S,v,,\.t\--1-1 ~ tv IrS prrtt.. tnJf:.f24y e..Q Dg . 7. ENVIRONMENTAl HEAlTH a. 1) 2) 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. ND Describe special emergency services that might be required. N/~ Proposed measures to reduce or control environmental health hazards, if any: NolJf Q:\WEB\PW\DEVSERV\Forms\PJanning\envchlsl.doc 6 . , b. 1) 2) 3) Noise' ) -('r&-s,lr-0-\':> ~ What types ot noise exist In the area which may affect your project (tor example: traffic, \~~\ "~, c equipment, operation, other)? ftc uJO;;I .' v JJ eN G .... • . 1)r-q(\.sOi'-~ 'fJ' . .,~,.~ '" 0- W h. .. " "'-' . "'" d-uJ ~r\ _n' t'v-What types and levels ot noise would be created by or associated with the proJect on a • ~c- short-term or a long-term basis (tor example: traffic. construction, operation, other)? It\.~ .~~ ~Icate what hours noise would come trom the site. (p(\ s\ rLLd ;6Y\,~' A:\,<). ~~,-" ~~'-.... ,"I:l (001 ~;,\'. r"J Prop~sed measures to reduce or control noise Impacts, if any: tJ/~ . 8. LAND AND SHORELINE USE '.' , " a. What Is the cJrrent use ot the site and adjacent properties? C~MlL/~I(C~114L fHL t;.IDG:S b . Has the site been used tor agriculture? It so, describe. No . c. Describe any structures on the site. Nt)rJl1 d. Will any structures be demolished? It so, what? No e. What Is the current zoning classification ot the site? CA ;i " ,'to What is the current comprehensive plan designation ot the site? C Ib flotM ~ (../ I4L g. If applicable, what is the current shoreline master program designation ot the site? h. ' '.', ., . NJ~ Has any part ot the site been classified as an "environmentaliy sensitive" area? specify. N° I. ApproxJmately how many people would reside or work In the completed project? S' -\, P t:D P /.bI-~ Li R-t..--<;; t D i:T 6+9"f2.$ C& \'2. f&-opLR I.()oc.. L d C,J.)c)~< t+e12S Q:\\VEBIPW\DEVSERVlFormslP1anninglenvchlst.doc It so, 7 j. Approximately how many people would the completed project displace?, ~ JV'Of.JG k. Proposed meas,uJ!ls to avoid or reduce displacement impacts, if any: NbJUGT NjA ". I. Proposed measures to ensure the proposal Is compatible with existing and projected land ~~nd plans, If any: 9. HOUSING a. Approximately how many units would be provided, If any? Indicate whether high, middle, or low-Income housing. £! -M ~ DPLe ,1Jc.tHMi b. Approximately how many units, if any, would be eliminated? Indicate whether high, . middle, or low-income housing. . N(>tJ~ . c. Proposed measures to reduce or control housing impacts, if any: N/JtJ~ 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building materlal(s) proposed. L4 '2... I b. What views in the immediate vicinity would be altered or obstructed? NQ~G . ic. Proposed measures to reduce or control aesthetic Impacts, if any: BlM.L.I:>~ to.) ~ "Dl=--sl, ~ ~ 11. LIGHT AND GLARE . a. What type of light or glare will the proposal produce? What time of day would It mainly occu~ . l' ~~ '~c:r 'L-01" t-t 6tJlFti}l...4-rl-1" » t GifT u)rPULP ~L.L./)W ewy R6'C}let4e-;«tpJfc; It:. '/i?si)uar ~ b. . Could light or glare from the finished project be a safety hazard or Interfere with views? Q:\WEB\PW\DEVSERV\Forms\Planning\envchlSI,doc 8 12. c. What existing off-site sources of light or glare may affect your proposal? , 'NCoJ& d. Proposed measures to reduce or ,control light and glare impacts, if any: i'J ~~ t=?Cepj P ~rt),k.) /;I-La I /..-16 W--t-.:; irl-tJP ;4f4) S lO Be-<5tf-lliLD~"-Q) 1'Dc..uvtfl-.D 1.-0'" US/BeIOR ~ i.~ RECREATION , 'b~ \-t>A'''' a. What designated and informal recreational opportunities are in the immediate vicinity? t-' .,\'''''- Nb~g CICSG"-BUA ~J ..:t 'tJ/'&IlL~wt5l'7t IS 1{;¥ ~J0 -rt+G e 'W{ U~~~ \~ b. Would the proposed project displace any existing recreational uses? If so, describe. -\".-0-' 'fi\('I\ed..IO: ~I ~'~ NO \)\c.3Y\'U c. Proposed measures to reduce or control impacts on recreation, Including recreation opportunities'to be provided by the project or applicant, if any: 1j~f.lG 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. No b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural Importance known to be on or next to the site. Nt)Kl~ c. Proposed measures to reduce or control Impacts, If any: ~/JC; 14.' TRANSPORTATION Identify public streets and highways serving the site, and describe proposed access to the _ 1e-plo.!"- existing street system. Show on site plans, if any. '~12.-"--:s I ~ a. ~~Sb-N u:::.M ~. c:t F/.4<...to/U{ ~; ~01 p.op<> (}..cc..·,.:;:5 , b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Y/?S c. How many parking spaces would the completed project have? How many would the project eliminate? e-t> 21 ~ p,4-Cig-S rp ~ pcb No~e \)(SrLtK-fTD Q:\WEBIPW\DEVSERV\FonnslPlanning\envchlst.doc 9 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? Neo ·~ -': '. \ .. " '~ .~ . Will the project use (or occur In the Immediate vicinity of) water, rail, or air transportation? If so, generally describe. e. tJo -.. f. How, many vehicular trips per day would be generated by the completed project? If known; Indicate when peak volumes would occur. { 1 $"" g. Proposed measures to reduce or control transportation impacts, If any: ~~~G'" , 15. PUBLIC SERVICES a. b. Would· the project result In an Increased need for public services (for example: fire protecllon, police protection, health care, schools, other)? If so, generally describe. ' yes. -elf Itf/ffl:h1t,gpf$ I'f-tWg f2,G>:;~Df::r~ !J Jl{1~lttt;jj liA/1I<I ~~ foL LeG;" ·ct Fwls fJ~~ , Proposed measures to reduce or control direct Impacts on public services, If any. fi ~ 4-f~\\ ~s tJl>N&" M,H1o-H'JR ,J WI'I\! k-P' ' 16. UTILITIES c. a. b. Describe the utilities that are proposed for the project, the utility providing the service, and I the general construction activities on the site or In the Immediate vicinity which might be needed. • .1 () -I-. +. t7L/rCNI.«..:II'N ~ W ~ N~e.cU2.Q. ~ R ~S.I~I'1-0 tJ r\U-O~ NBeO ~~ (!j)o/fI,TTY"tJ SIGNATURE I, the undersigned, slate that to the best of my knowledge the above Information is true and complete. Ills understood that the lead agency may withdraw any declaration of non-significance that it might Issue In reliance upon this checklist should there be any willful misrepresentation or . willful lack of full disclosure on my part. Proponent: Name Printed: Date: r I Q:\WEB\PW\DEVSERV\Fonns\Planning\envchlst.doc 10 , " DATE: TO: FROM: SUBJECT: CITY OF RENTON Planning/Building/Public Works MEMORANDUM Ap~iI 22, 2004 Pre,Application File No, 04-041 Jason JOrd~nior Planner, x7219 Factory Avenue North Project \ DEVELOPMENT PLANNING CITY OF I~"NTO~\ APR -~ 2005 RECEIVED 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, Zoning Administrator, Board of Adjustment, Board of Public Works, 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, plus tax, from the Finance Division on the first floor of City Hall. Project Proposal: The subject site is located at 108 Factory Avenue North. The proposal Is to construct a 10,136 square foot mixed use building, with four multi-family units above two floors of commerciaVmedical offices. The' first floor is proposed to be utilized as a chiropractic office and the second floor is proposed to be general office. The residential units would have up to two bedrooms each. A total of 26 surface level parking stalls are proposed with the development, including six compact stalls, one parallel stall, and 18 standard stalls. Note: as proposed, the project does not meet code requirements and staff cannot support the proposal without substantial revisions. Ownership Information: Based on the information provided; the ownership of the eastern most parcel within the site boundaries presented is unclear. Prior to the submission of a formal land use application, thorough research is necessary in order to determine if the questioned parcel is under the same ownership as the majority of the site, or if it is indeed leased area from the railroad as indicated on one of the submitted maps. A complete title report for all parcels within the site must be provided with the application for the City's review and confirmation. If it Is concluded that the eastern parcel is owned by another party, the lease agreement document must be provided for the City's review In order to demonstrate the building and parking areas proposed are allowed on that parcel. In addition, all owners with vested interest in this parcel must also sign the Master Application. Zoning: The subject site is deSignated Commercial Arterial (CA) on the City's Zoning Map. The proposed mixed-use building would be considered a primary permitted use and a secondary use in this zone. Specifically, the office (medical and general) component of the proposal would be considered a primary permitted use. However, the residential component would only be allowed as a secondary use subject to the density limitations of the CA zone, and, being located in a building containing retail andlor service uses on the ground floor. In this case, Chiropractic offices would be considered a "medical office" use; therefore, in order to have the residential component on the third floor you would need to Include a separate retail use on tho ground floor of the proposed structure. Factory Avenue North Pre·Appt File No. 04·041 April 22. 2004 Page 2 of 4 m Meeting Development Standards: The proposal would need to comply with the CA zone development staQdards and the parking regulations as addressed below: Lot Coverage . The CA zone allows building coverage at a maximum of 65% of the lot area for projects not providing structured parking. Buildings containing structured parking are permitted to cover 75% of the lot area. The proposal would result in a building lot coverage of approximately 57% (3,859 square foot combined building footprint over the 6,700 square foot site). It should be noted that the site may be larger than 6,700 square feet; however, total project site information was not provided. Setbacks/Landscaping -The CA zone requires a minimum landscaQed setback of 10 feet from all street frontages, unless located adjacent to property designated with residential zoning or unless reduced through the site plan review Qrocess. No portion of this site is abutting or adjacent to residential zoned properties within the City. In this case, staff is unlikely to support reducing the required setbacks, as the building design does not provide any fal'ade articulation or roof modulations. Instead the building provides a long flat wall to the site's western and southern boundary along with a flat roof. With that said, staff strongly encourages the aep.tj.~ant to redesign the pro~d structure so that It provides more architectural relief (I.e. pitched roof, fayade variations, building articulation and modulation and a distinct entry point), these features would assist staff In approving a reduced setback at this location. In addition, the parking regulations require a minimum of 5% of the arkin area be I manner thai reduces lile arren appearance ate at. II landscape areas must be a minimum width of 5 feet and must include undergIQ.UOd irrigation systems. Height -The CA zone allows a maximum building height of 50 feet. The proposal appears to comply with this height limitation prescribed within the CA zone. Density: The CA zone does not have a minimum density and the maximum density is 20 dwelling units per acre. The proposat for four (4) multi-family dwelling units arrives at a density of 26.6 dwelling units per acre (4 / 0.15 = 26.6du/a), which is above the maximum density permitted within the CA zone. However, as the plans did not include total lot area, this density calculation may be adjusted depending on the final lot size calculation. Screening/Outdoor Storage -Screening must be provided for all outside storage areas, as well as for surface-mounted and roof top utility and mechanical equipment. In addition, garbage dumpsters and recyclable areas must be screened pursuant to RMC section 4-4·090C7 with a fence or wall a minimum of 6 feet in height. Refuse areas shall not be located within required landscaffe or setback areas and must have a minirrium gale opeDing of 12 feel In wldlf1With a minimum vertlca clearance of 15 feet in height. The site plan application will need to include elev<;Itions and details on the proposed. methods of screening. Approval of the proposed locations of dumpster areas by Rainier Waste Management is recommended prior to the submittal of the formal land use application. Pedestrian Connection -All development in the CA zone is required to provide a direct and clear pedestrian connection from sidewalks to building entrances. The proposal does not appear to comply with this requirement. The site plan would need to be revised to Include a pedestrian connection from the main entrances of the buildings to the sidewalk along the site's street right-of-way frontage and the parking areas. Parking -The parking regulations require a specific number of off· street parking stalls based on the amount of square footage dedicated to specific uses. For this project the following ratio would be applicable: • A minimum of 3 to a maximum of 4.5 spaces per 1,000 square feet of general office floor area. • A minimum and maximum of 5 per 1,000 square feet of medical office floor area. Pre04·041 facotry mixeu use in the ca.uoc\ . . Factory Avenue North Pre-Applic: File No. 04-041 April 22, 2004 Page 3 of 4 Meeting • A minimum and maximum of 1.75 parking spaces for each dwelling unit where tandem spaces are not provided, • A minimum of 4 to a maximum of 5 spaces per 1,000 square feet of retail sales area. Based on the ratio listed above, a minimum of 31 spaces to a maximum of 37 spaces would be required for the development. The proposal currently Indicates 26 parking stalls, which is below the minimum number of parking stalls required for these uses. Therefore, a revised detailed parking analysis listing the number of required and provided parking, as well as number of compact and ADA accessible stalls, must be included on the site plan when submitted for formal review. The revised parking stall layout will need to include 31 to 36 parking stalls. Or you could reduce the size of the proposed development, which would reduce the number of parking required. You can also ask for a parking modification pursuant to the provisions in RMC4-4-080F_10.d. it should be noted that modifications are not automatic and the burden will solely be on the applicant to prove their case for the modification. Please also note, that I have included the ratio required for retail uses so that you can Include that Into your parking calculation should you want to proceed with a mixed- use development. The parking regulations SP~Cify standard stall dimensions of 9' x 20' parallel stalls, 9' x 23', 60-degree stalls 9' x 20' and compact dimensions of 8Yi x 16'. Compact spaces are not allowed to exceed 30% of the required spaces and are required to be marked. An aisle width of 24 feet is required for all one- way or two-way 90 degree parking stalls. An aisle width of 10' for one-way travel parallel stalls and 18' for two-way travel parallel stalls. Lastly, an aisle width of 17' for one-way travel 60-degree stalls and 20' for two-way travel 60-degree stalls is required. Because the stalls are not dimensioned on the proposed site plan, it could not be determined if the proposal met these provisions of the parking code. Signage: Only one freestanding business sign (pole, monumenVground, projecting or roof) is permitted per street frontage for each individual parcel. 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 if a two face sign). Pole signs are limited to the maximum height specified in the zone, or a maximum of 40 feet, whichever is less and must comply with the setback requirements of the zone. In addition to the permitted freestanding sign, wall signs with a copy area not exceeding 20% of the fayade to which it is applied is also permitted. Environmental Review/Sensitive Areas: While no critical areas were located on the site based on the City of Renton's Critical Areas maps, environmental review will be required because the structure is proposed to be over 4,000 square feet in size. Upon formal project submittal, a more exhaustive site investigation will be conducted. Lastly, it should be noted that steep slopes are documented on the north side of SW Langston Road, near the subject site. Site Plan Review Criteria: The City of Renton's Site Plan Review process requires staff to review proposed projects in conjunction with all applicable criteria. One criterion is that proposed developments mitigate undesirable impacts in terms of size, bulk, height, and intensity of use. In addition the provisions indicate that proposed developments cannot violate the spirit and/or intent of the code (RMC4-9-200F). With that said, staff strongly encourages the applicant to redesign the proposed structure so that it provides more architectural relief (I.e_ pitched roof, fayade variations, building articulation and modulation and a distinct entry point), which would assist staff In approving a mixed-use development at this location. Permli ReqUirements: The proposal as is would require Environmental (SEPA) Review and Administrative Site Plan Approval. The review process would require a public hearing and would be completed in an estimated time frame of 8 to 12 weeks once a complete application is accepted. However, this timeframe is contingent upon the filing of any appeals, which would delay the project. The application fee would be $1,500.00, plus $0.37 per mailing label required for notilication to all property owners within 300 feet of the project site. Pre04-041 facolry mixed use in the ca.doc\ '. Factory Avenue North Pre·Apptic n Meeting File No. 04·041 April 22, 2004 Page 4 of 4 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 the required appeal periods. Impact Mitigation Fees: In addition to the applicable building and construction permit fees, the following mitigation fees would be required prior to the issuance of building permits: • A Transportation Mitigation Fee of $75 per new average daily trip attributable to the project; o A Fire Mitigation Fee of $0.52 per square foot of new construction; and, o A Parks Mitigation Fee of $388 per new multi family residential unit. cc: Jennifer Henning .' Pre04-041 facotry mixed use in the ca.doc\ DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM April 16, 2004 Jason Jordan Arneta Henninger X7298 108 FACTORY AVE N PREAPPLICATION 04-041 . (AKA PRE 03-061 RENTON PROFESSION AL BLDG) 108 FACTORY AVEN NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN THIS REPORT: The following comments on development and permitting issues are based on the pre- application submittals made to the City of Renton by the applicant. 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, Boards of Adjustment, Board of Public Works and City Council). Review comments may also need to be revised based on site planning and other design changes required by the City or made by \ the applicant. I have completed my review on this preapplication of mixed use of commercial and apartments located in Section 17, Township 23N, Range 5E and have the following comments. WATER: • This project is located in the Aquifer Protection Zone 1. • This project site is located in the 196 Water Pressure Zone. The static pressure is approximately 74 psi at street level. A pressure reducing device is required to be installed on domestic meters when the static exceeds 75 psi. • There is an existing 8' watermain located in Factory Av N, which can supply a fireflow of 1800 GPM. • Per the City of Renton Fire Marshall the preliminary fire flow for this project is 2250 GPM and the building is required to be fully sprinklered. .. Any new construction must have one fire hydrant capable of delivering a minimum of 1,000 GPM and shall be located within 150 feet of the structure and additional hydrants (also capable of delivering a minimum of 1,000 GPM) within 300 feet of the structure. This distance is measured along the travel route. The number of additional hydrants required is dependent on the calculated fireflow. If the fireflow remains at 2250 GPM, three fire hydrants would be required. 108 Factory Ave N. Preapplicatic • If the fireflow remains at 2250 GPM, the applicant may replace the existing 8" watermain in Factory Ave N with a 12" watermain as a method of meeting the demand. • The street vacation ordinance 722 may contain an easement for a water main. Permanent structures may not be located over City utilities. • Water System Development Charges are $915 per Multi-family unit and $0.213 per gross square foot of property may be required if not previously paid. The Development Charges are collected as part of the construction permit. Please note that any parcel that currently has water and or sewer service is eligible for a prorated system development charge. Your project will be reviewed to determine how much redevelopment credit applies. SANITARY SEWER: • There is an 8" sanitary sewer main located in Factory Ave N. • Applicant needs to submit a sanitary sewer plan showing how they will apply sewer service to the new site. Commercial building sewers shall be a minimum of 6 inches in diameter at a 2% slope. • System Development Charges (SDC) are $540 per Multi-family unit and $0.126 per gross square foot of property. These fees are collected at the time a construction permit is issued. Please note that any parcel that currently has water and or sewer service is eligible for a prorated system development charge. Your project will be reviewed to determine how much redevelopment credit applies. STREET IMPROVEMENTS: • This project may be required to do any street improvements for this site. • This project may be required to install additional street lights for this site. All street lighting shall be designed and installed per City of Renton standards and specifications. 1:\ProjectsII08F ACTORY A VB P Adoolcor 108 FactoI)' Ave N. Preapplication , STORM DRAINAGE: • A conceptual drainage plan and report is required with the formal application for the project. • There are storm drainage facilities in Bronson Way N. • The Surface Water SDC fees are $0.249 (but not less than $715) per square foot of new impervious area. These fees are collected at the time a construction permit is issued. AqUIFER: • The site is located in Aquifer Protection Zone 1 and may be subject to additional requirements per City code. Constructed secondary containment may be required if more than 20 gallons of regulated hazardous materials will be present at the new facility (RMC 4-3-050H2d(i». A fill source statement (RMC 4-4-060L4) is required if more than 50 cubic yards of fill material will be imported to the. project site. Construction Activity Standards (RMC 4-4-030C7) shall be followed if, during construction, more than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site. Surface Water Management Standards (RMC 4-6- 030E2 and 3}-Biofiltration, retention/detention ponds, infiltration, and drainage ditches and channels are prohibited. New pipes shall meet pipelines specification in 4-3-050S. Impervious surfaces shall be provided for areas subject to vehicular use or storage of chemicals. This is not intended to be a complete list of the APA requirements nor does this information SUbstitute for the full ordinance,it is only intended to guide the applicant to the City of Renton code book. GENERAL: • 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. • All civil engineering plans shall be tied into a minimum of two of the City of Renton current Horizontal and Vertical Control network. • Permit application must include an itemized cost estimate for these improvements. The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the . permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. co: Kayren K. • 1:\Projcctsl108FACfORYA VE PA-doc\cor . '., DATE: TO: FROM: SUBJECT: CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM April 1, 2004 Jason Jordan, Senior Planner Jim Gray, Assistant Fire Marshal V 1/ 108 Factory Ave. N Project, 108 Factory Ave. N \ Fire Department Comments: 1. The preliminary Fire flow is 2250 GPM, which re~uires one fire hydrant within 150 feet of the building and two addltional hydrants within 300 feet of the building. 2. Provide a list of any flammable, combustible liquids or hazardous chemicals that are to be used or stored on site. 3. A fire mitigation fee of $4,013.00 for the commercial area and $1;552.00 for the apartment units is required. This is based on $.52 a square foot for the commercial area and $388.00 for the apartments per unit. . 4. This building is required to be fully sprinklered with a fire alarm system. Separate plans and permits are required for the sprinkler and fire alarm system . . 5. The stairways are also required to be fully enclosed within a fire rated enclosure. Please feel free to contact me if you have any questions. CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: April 22, 2004 TO: Jason Jordan FROM: Re~t;{ STAFF CONTACT: Don Erickson SUBJECT: Olynyk Mixed-use Bldg., 108 Factory Avenue N.; PRE 04-041 The applicant is proposing the development of a three story mixed-use building with medical offices on the fIrst floor, undefined uses on the second floor and residential (3 units) on the third floor. The 6,OOO-acre site is located in the northeast corner of the intersection of Bronson Way N and Factory ~venue N in North Renton. It abuts the BN-SF Railroad ROW to its east The site is designated Employment Area -Commercial and zoned CA (Commercial Arterial). Relevant land use policies are attached. Analysis: Residential uses are allowed in the CA Zone in a mixed-use building when "containing retail and/or on-site service uses on the ground floor." On-site services include "establishm!:nts primarily engaged in providing individual or professional services." This defInition does not include office uses as both general and medical offices are treated as separate uses within this zone. Regarding Policy LU-160 the development is not in compliance. Because the site is located on a highly visible major arterial it should be providing a high quality attractive exterior befitting its location. This application does not demonstrate compliance with policy calling for improved bOilding fa~ades. The proposed building is below the standard expected along a major arterial 'such as Houser Way S and Bronson Way N, both an entry and exit from the downtown. In terms of Policy LU-170 it is not possible to determine whether this proposal complies or not. The applicant's site plan does not depict curb cuts or landscape features on it Based upon their parking layout, however, it appears that there would be only one curb cut and that would be on Factory Avenue North. Parking for the various uses does appear to be shared and the proposed three-story mixed-use building does have a unified style albeit with exterior materials that might ~ questioned for a mixed-use commerciaVresidential building at such a highly visible location. Similarly, it is not possible at this point to discuss compliance with Policy LU-174 or Policy LU- 175 since the applicant has again not submitted materials indicating future landscape treatment such as landscape buffers or other screening devices. Given the location of the building on its site and the fact that the site abuts public and private right-of-ways on three sides, it is not anticipated to have impacts on less intensive adjacent uses. Olynyk Mixed-use Building, . Jil Factory Avenue N 0412112004 ) 2 Policy LU-317 does not appear to be relevant in this case given the relative isolation of the site from the North Renton community and its location on a major vehicular arterial. The applicant needs to address both landscaping and signage. Attention should also be given to the building's e~terior fmish, its durability and visual impact. Recommendation: Do not support this proposed use. A revised application must address additional information regarding landscaping, visual buffering, signage, and the use of exterior materials given its location abutting a major arterial where the mitigation of adverse visual impacts is stated public policy. Attachment co: Don Bricksoo H:IEDNSPIIn'crdepartmentallDevelopmeo' Review\PreappslCommentslEA-Cl108 FactoI)' Bldg.doc\cor Olynyk Mixed-use Building, ~ Factory Avenue N 04/2212004 ,-"'I EMPLOYMENT AREA -COMMERCIAL LAND USE DESIGNATION POLICIES Relevant Policies: 3 Policy LU-J60. Developments should provide appropriate treatment (e.g. landscaping, improved bu8i1ding fafade) along major anerials to mitigate adverse visual impacts. Policy LU-170. Individual development projects should be encouraged to: a. minimize curb cuts and share access points, b. provide for internal circulation among adjacent parcels, c. share parking facilities, d. centralize signing, e. create a unified style of development, and J. provide landscaRing and streetscaping to soften visual impacts. Policy LU·J74. Parking areas should be landscaped (including street trees. buffers. berms). especially along t~e roadways. to reduce the visual impacts. Policy LU-17S. Landscape buffers. additional setbacks. reduced height. and other screening devices should be employed to reduce the impacts (e.g. visual. noise. odor. light) on adjacent. less intensive uses. Policy LU-317 .. Criteria should be developed to locate pedestrian and bicycle connections in the City. Criteria should consider: a) linking residential areas with employment and commercial areas; b) providing access along anerials; c) providing access within residential areas; d) filling gaps in the existing sidewalk system where appropriate; and e) providing access through open spaces and building entries to shorten walking distances. H:\EDNSP\lnterdcpartmcnlal\Developmcnl Rcvicw\Preapps\CommeDts\EA-c\l 08 Factory Bldg.doc\cor .. MEMORANDUM BUILDIWi DIVISIC)'! DATE: TO: .' Gon§Jruction Services, Fire Prevention, PlanReview, EDNSP, ProjeciPiann-er---' ... '. . .... .. __ ...... . FROM: Neil Watts, Development Services Division Director SUBJECT: New Preliminary Application: \~cn\:oc.k('¥ ~~ >f' LOCATION: ")Ie, ~=-\ot~ \-Ie.. )0 PREAPP NO. C)L\ -Ol\\ A meeting with the applicant has been scheduled for ::;)"'fu . Thursday, • 'l.£)O in'one of the a"'floor conference rooms (new City Hal . If this meeting is scheduled at 10:00 AM, the MEETING MUST BE CONCLUDED PRIOR TO 11 :00 AM to allow time to prepare for the 11:00 AM meeting. Please review the attached project plans prior to the scheduled meeting with the appliCant. You will not need to do a thorough ·permit lever review at this time. Note only major Issues that must be resolved priorto formal land use anellor building permit application submittal .. Plan Reviewer aSSigned is Pa N)ru, / Please ~ubmlt your written comments to .,\ ;a:pi\ (Planner) at least two (2) days before the meeting. Thank you. ;C~~~ ~~: ~(.O~ _()~ \ ~ .. ~ ~~ '97 (/6'<:..-<- . . 7 dD ~ tt/tfiC!, C; 7 UJVtc!.., f 91 of"!-. '. -.. ,.... ...... ~~ ./fIJ.1/~~4....e •. ' •• ~ ~~ H:U:>ivision.s\Devel0l'..ser\Dev & Plan.ing\Template\Preapp2 'f7t,/oc,/ . ReVised 9/00 / --------------------.---.-.-----~----.------- ilL ,IOHNSTON DESIGNS LLC 6928 15th AVE S.E. LACEY, WA. 98503 360-458-4600 PROJECT NARRATIVE 1. FACTORY AVENUE NORTH PROJECT 108 FACTOF1Y IWENUE N. RENTON WA. 913055 14,65q SQ. FT. LOT SIZE:. JANUARY 10, 2005 2. LAND USE PERMIT & BUILDING PERMIT 3. THE ft.REA IS ZONED "CA" 4; . VAcANT .. \-\-OU5i; TO ~E 'ReMDV~ 5. SITE HAS NO S:;::lECIAL FEATURES. 6. SOILS ARE SANDY AND APPEAR TO DRAIN WELL 7. A NEW MIXED USE BUILDING IS PROPOSED. 1 st LEVEL RETAIL, 2nd. LEVEL MI::DICAL I OFFICE & 3rd LEVEL WIITH 4 ,6,PARTMENTS. a. THIS DEVELOPMENT HPS ACCESS FROM FACTORY AVE. 9. NO OFF SITE IMPROVEMENTS ARE PROPOSED. 1 O. ESTIMI~TED CONSTRUCTION COSTS AI~E4~r~ __ 11. NO. Ml'JOR FILL ARE NEEDED AS SITE IS FLAT. 12. NO. TREES ARE ON THE SITE. 13. NO. LAND NEEDS TO BE DEDllCATED TO CITY. 14. A JOB SHACK MAY BE NE:EDI::D DUf~ING CONSTRUCTION. AL JOHNSTON DESIGNS LLC 6928 15th AVE S.E. LACEY, WA. 98503 360-458-4600 PROJECT NARRATIVE 15. STAGGARED PARKING REQUEST JANUARY 10, 2005 IT WAS DISCUSSED AT OUR PRE -APPLICATION MEETING THAT WE WERE SHORT A FEW PARKING SPACES (3, I BELIEVE AT THE TIME), AND THAT THE CITY MAY ACCEPT A SITE PLAN WITH FEWER THAN THE REQUIRED AMOUNT BECAUSE OF OUR MIXED USE PROJECT. THIS IS NOT AN UNCOMMON PRACTICE AND WOULD HELP US IN FULFILLING OUR PARKING REQUIREMENTS. WE ARE THEREFOR PROPOSING A REDUCTION IN THE NUMBER OF PARKING SPACES REQUIRED BY 3, NOTEING THAT THE PEAK PARKING NEEDS FOR THE BUSINESSES WOULD BE FROM 9:00 AM TO 5:00 PM WHERE THE PEAK PARKING NEEDS FOR THE (4) APARTMENTS WOULD BE FROM 6:30 PM TO 7:00 AM. PARKING MODIFICATION REQUEST APR 1 ~ 2005 RECEIVED For this project we are requesting a reduction of three spaces in the required parking. This request was discussed during our pre-application meetings. We feel because orthe mixed use of the building that the supplied parking will meet the objectives, safety and function of the proposed building. We have oriented the building to the street to give an attractive appearance and have entries facing both Factory ave and Bronson Way. The main tenant of the building, the owner of the Renton Chiropractic Clinic, feels the medical/dental designation of his space will supply more parking for his office that(is needed. He feels that because of the short duration of appointments in a chiropractic office that 6-7 parking stalls designated for his office is sufficient. He currently is designated this many spots and parking is not a problem. The medical/dental designation is allotting his office 10 spaces. As well, the staggered need for parking with business peak use between 9am -Spm and apartment peak use from 6:30pm-7:00 am will also help manage the parking. The small reduction in needed parking will not be injurious to surrounding properties and we do not foresee any parking over flow offsite. We also feel this is an underused commercial area in the City of Renton and the addition of this small mixed use building will benefit surrounding businesses. The building is also small enough in scale to not significantly impact surrounding residential areas. Because this is a tight building site we believe we have struck a good balance with the needs of the owner and have conformed to the intent and purpose of the parking code. ~kY , AI J NSTON I AL JOHNSTON DESIGNS LLC 6928 15th AVE S. E. LACEY, WA. 98503 360-458-4600 DEVELOPMENT PLANNING CITY OF RENTOI\! . , ~ APR -42005 RECEIVED JANUARY 10, 2005 CONSTRUCTION MITIGATION DESCRIPTION 1. PROPOSED CONSTRUCTION TIMEFRAME IS SPRING & SUMMER OF 2005. 2. CONSTRUCTION HOURS WILL BE FROM 7:00 AM TILL 8:00 PM. \ 3. TRANSPORTATION OF MATERIALS BE ENTERING FROM BRONSON WAY N. ONTO FACTORY AVENUE THEN ACCESS SITE. 4. IN THE EVENT THE SOILS BECOME DRY ENOUGH TO CREATE . DUST A WATERING TRUCK WILL BE EMPLOYED. THIS PROJECT SHOULD NOT IMPACT TRAFFIC OR NOISE. 5. CONSTRUCTION DELIVERIES WOULD COINSIDE WITH WORKING HOURS. 6 FLAGMEN WOULD BE AVAILABLE IF NEEDED. 04/03/2005 01:58 3504913175 _ ,:1' AIM'&JO SE laooIy, WI. 9IBlI JOO.4S8-4IlIlO dIk:a _1-3176' ... ... ou... DF.fta' _Ca _ .JOHNSTON PAGE 81 AI Johnston Designs, LLC 0" C • a...... [) 1'1 .......... 01'1 ...... .......... .--. ...,atl .IT (J)ftS :B.~",~l..t \ ~ IM/A-ti~ .. i~o'l \k~i ~k~xe..-()J~ ~ FkrzorL t>~ The L-fH-JJ s.~e. I+-fJIrLf~/S --- .:tl s-_ S T J'hVD ~ <S t?ttc~ (H2 ~ j?:J 11)(· ft::~ o~ ~ r' 8NCLO.£~j) iJ fr Co!2t1-b-c-Te.fJ 5/ftrc'--(., f.I {II I.> ~ fI-eer-W ff P /fdt (j) t tXQ tC su.-k H-l vt/tA-/ otJ ~/f/o~ f/,n/{s ;!/; '--'~~ 04/03/2005 01:58 3504913175 ,]OHt,STON AL JOHNSTON DESIGNS LLC 6928 15th AVE S.E. LACEY, WA. 98503 360-458-4600 LANDSCAPE ANALYSIS: PAGE 02 DEVELOPMENT CITY OF RE~~%NlNa APR -+ 2DIJ5 RECEntED JANUARY 10, 2005 1. TOTAL SQUARE FOOTAGE OF SITE IS 14,656 FOOT PRINT OF BUILDING IS 3858 SQ. FT. 2. TOTAL IMPERVIOUS AREA IS 12,156 SQ. FT. 2. SQUARE FOOTABE BY 1 st LEVEL 2nd LEVEL 3rd LEVEL FLOOR 2,418 SQ. FT. 3859 SQ. FT. 3859 SQ. FT. 3. LOT COVERAGE IS 26% 4. NUMBER OF PARKING SPACES REQUIRED IS 28 5. 6. TYPES OF PARKING ADA SPACES 8'X20' 9'X20' 8'6"X16' 8'4"X17' STANDARD COMPACT STRUCTURED SQUARE FOOTAGE INTERIOR EXTERIOR OF LANDSCAPING 627 SQ. FT. 1873 SQ. FT. 2 SPACES 10 SPACES 8 SPACES 6 SPACES Bradley-Noble Geotechnical Services A Division of The Bradley Group, Inc. PO Box 12267, Olympia WA 98508-2267 Phone 360-357-7883 • FAX 360 867~9307 SOILS INVESTIGATION REPORT FOR THE NEW OFFICE BUILDING FOR OLYNCO DEVELOMENT COMPANY RENTON, WASHINGTON APR -420U5 RECEIVED This report presents the results of our subsurface investigation for the new three-story wood frame 10,000 square foot office building to be constructed at 108 Factory Avenue . North in Renton, Washington. Our purposes in exploring the subsurface soil conditions were to evaluate bearing capacity of the site soils, to present recommendations for foundation design, and to address other geotechnical considerations for this project. We understand that'. the new office building will be of three-story, wood-frame construction with the ground level being part under-building parking area and part office area. We expect that perimeter wall loads will be supported on continuous spread footings. Column loads will be supported by isolated footings. Concrete slab-on-grade construction is expected for the ground level office and parking areas. Asphaltic concrete pavement will be used for driveway and parking areas outside of the building footprint. Work was authorized on behalf of the owner, Mr. Steve Olynyk, by Mr. AI Johnston, principal of AI Johnston Design, the project's architectural consultant. SITE CONDITIONS Surface Conditions The site is occupied by a single-story, wood-frame office building with a basement level. . Surrounding the structure are sidewalks and parking areas. Along the perimeter of the property, are landscape strips. The paving section has deteriorated and the surface has numerous cracks. The structure appears to be in good condition with no obvious settlement-related issues. Subsurface Conditions Prior to our working on the property, we had an underground locate completed. We . were met on site by a representative of the Puget Sound Energy as a high-pressure gas main crosses the parking lot in the center east area. We found markings indicated water mains also crossing the parking lot in a north-south direction. With these major 03080801 Page I of 8 03080803 Page 2 of 8 infrastructure subsurface lines and lines serving the existing building. the area available was limited for subsurface exploration. On 13 August 2003. we explored the subsurface conditions by a test boring located in the parking area to the south of the existing structure. This location was selected so we could maintain separation from underground utilities and minimize disruption to the active business. This exploration was made using a continuous-flight. hollow-stem auger to advance the boring and to provide borehole support between sampling intervals. Samples were obtained at standard intervals using a two-inch outside diameter. split- spoon sampler driven by a pin-guided. 140-pound weight free falling 30 inches The blows per six-inch interval were recorded. The first six-inch drive interval is allowed for seating the sampler. The blow counts for two six-inch intervals. when combined. yield the Standard Penetration Resistance (N-value) of the soils encountered in the sample interval. The number of blows required to drive the sampler the last 12 inches provides a measure of the relative density of granular soils or the consistency of cohesive soils. When the number of blows exceeds 50 for a six-inch or less advancement of the sampler. refusal is inferred. The results obtained from the Standard Penetration Test. along with other tests and geotechnical judgments. were used to develop the recommendations of this report. In the exploration. we found two major soil units. The near-surface soils are loose. silty. fine sands and sands. These loose soils extend to nine feet below the surface. Below nine feet the soils increased in density from firm to very dense. At nine feet below the surface we interpret that the soils changed from a lacustrine/delta deposit sand to the Cedar River sand and gravel deposits. These soils extended for the full depth of our exploration. The Geologic Map of the Renton Quadrangle. King County Washington by D. R. Mullineaux. map GQ-405 published in 1965 by the United States Geologic Survey suggests that the thickness of the sand and gravel unit of the Cedar River probably exceeds 100 feet in this area. Ground water stabilized in the bore hole at the completion of the drilling work at 21.8 feet below the surface of the parking lot. We expect that seasonal fluctuation of this water table will occur depending on rainfall volumes. At this depth. we do not expect 'that the water table will have any adverse effect on site development. We did observe that that the soils below 25 feet from the surface were under hydrostatic pressure with sand moving up the auger between sample intervals. During the rainy season. there may be ground water ponding on the surface of the dense Cedar River sands and gravels. We expect that infiltration of storm water is rapid in the loose " 03080801 Page 3 of 8 surface sands and that infiltration slows once the dense sands and gravels are encountered. DISCUSSION AND RECOMMENDATIONS General The preparation of this report was delayed at the request of the owner until the lack of easement issues for the underground utilities was resolved. We received instruction to complete this report in early November 2004 as these issues had been res.olved. Site preparation - The near-surface soils of fine sands and silty, fine sands are loose and actual bearing capacity and settlement characteristics will vary point to point on the site. After demolition of the existing structure and removal of the paving section, we expect that the existing building footprint will have a void of about eight feet below the surface, the former basement level. To develop the site and ensure uniform support for standard spread footings, we recommend that the building footprint be excavated and recompacted to a depth equal to existing bottom-of-basement level. This excavation and recompaction work should extend a minimum of five feet outside of building lines to provide lateral support for the foundations. The excavation and recompaction will ensure uniform support for shallow foundations and slabs on-grade. The near-surface soils contain fines and are expected to be moisture sensitive. To ensure successful compactive effort, moisture content of these soils must be controlled. We expect that the shrinkage of these soils as recompacted into a controlled fill section will require the import of additional material to bring the building pad to plan finish grade. The imported material should be selected to act also as a capillary break material between the recompacted native soils and slabs in occupied area of the ground floor level and as gravel base for support of slabs in the under-building parking area. Parking and driveway areas should be prepared as discussed in the Paving Section of this report. The near surface sands are cohesionless. Even when densified, these soils are expected to ravel and slough rapidly in vertical cut faces. All trenching and excavation must conform to Chapter 296-155 WAC Construction Work, Part N, Excavation, Trenching and Shoring for a soil type C. 03080801 Page 4 of 8 Foundations We expect that foundations will be cast onto the excavated and recompacted densified native sands meeting the minimum requirements of the Earthwork Criteria section of this report. For footings placed on the recompacted soils of sands, an allowable bearing value of 2500 P.S.F. is permissible. If higher allowable bearing values would be beneficial to the project, then footings may be founded on the underlying dense to very dense Cedar River sands and gravels. For footings founded on these soils, an allowable bearing value of 5000 P.S.F. is permissible. A one-third increase in these bearing values is permissible for short-term wind or seismic loadings. Exterior footings should be founded a minimum of 1.5 feet below planned finish grade for frost protection· and confinement. We recommend that continuous and strip footings have a minimum width of 16 inches. Isolated footings supporting column loads should have a minimum dimension of 3.0 by 3.0 feet square. Settlement of structures designed to the recommended bearing values and placed on soils prepared according to the recommendations of this report should not be significant. Generally, we expect that combined differential and total settlements of one inch or less will occur, mostly during construction and immediately after the loads are imposed. Good compaction control is required to ensure that these estimates are not exceeded. There should be little long-term settlement of building elements supported by either excavated and recompacted native soils or by footings supported on the underlying Cedar River sands and gravels. Floor Slabs yve expect that additional structural fill material will be required to bring the building ."pad to plan subgrade elevation for the floor. Good compaction control and use of high quality imported structural fill is required to ensure the performance of the slab under light commercial type of loadings and loadings by vehicles in the parking area of the building. The slab may be designed using the Modulus of Subgrade Reaction. To determine the actual value, plate bearing tests after completion of the construction of the slab subgrade will have to be performed to verify recommended values. Using Bowles . Foundation Analysis and Design, 3'd edition, Table 9-1 Range of Values of Subgrade Reaction Ks of kef 400. This value is in the high range for medium sand and the low range for dense sands. We consider this value to be conservative for the slabs placed on compacted structural fill sections meeting the requirements of this report. 03080801 Page 5 of 8 We have no objection to the placement of a thin lift of S/8-inch minus crushed rock on the surface of the capillary break material to aid fine grading operations. Placement of a vapor barrier between the capillary break and bottom of slab is recommended. The slab may be cast directly onto the vapor barrier or a thin lift of granular material may be placed between the vapor barrier and slab to protect the vapor barrier from damage during casting of the slab. Placement of a granular material between the vapor barrier and slab may aid in controlling curling of the slab during curing. Slab reinforcement should meet the recommendations of the current edition of the Reinforcing Steel Institute's Design Manual for the anticipated floor loads. Paving Section The near-surface soils outside of the excavation and recompacted structural fill section will be the native sands for this area. These sands, when densified by proof-rolling to the minimum density specified offer good support of flexible paving sections. We recommend a design CBR value of 10 based on soil classification. The use of this value requires that a uniform minimum density of 95% of A5TM D 698 be achieved on the subgrade. We recommend a minimum paving section of six inches of ballast. two inches of S/8-inch minus crushed rock for the leveling course, and two inches of Class B asphaltic concrete. All material used for the paving section should conform to the requirements of the current edition of the WSDOT/APWA specifications. The project's civil engineer should review the recommended minimum paving section to ensure that the section meets the minimum design requirements based on the project's expected traffic loads. Lateral Soil Pressure . We understand that no retaining walls or foundation walls over four feet in height and restraining earth are included in the project design. If walls are to be constructed meeting these criteria, we should be consulted for appropriate design values. Lateral loads may be resisted either by passive soil pressures of friction between the . footings and slabs and either imported structural material or recompacted native soils. For passive soil pressure for footings cast into the excavated and recompacted native . soils and backfilled according to the Earthwork Criteria section of this report, a design value of 250 pounds per cubic foot may be used. A coefficient of friction of 0.5 is permissible between footings and slabs and either excavated native soils or imported structural material. 03080801 Page 6 of 8 Seismic Site Period The project area is in a zone of high spectral response acceleration. Figure 1615(2) in the 2003 International Building Code (IBC) has a site response of O.4g of I.O-second spectral response for a Site Class B. Table 1615.1.1 Site Class Definitions would place this site into a soil site class D based on N-values. Actual ground motion during a seismic event is influenced by the distance from the focus, the depth to bedrock under the site, and conditions (degree of consolidation and saturation) of the soils supporting the structure .. We do not believe that the underlying soils are prone to spontaneous liquefaction under seismic loading. Structures supported on unexcavated and recompacted loose sands may experience differential settlements as the sand consolidates under seismic shaking. Supporting the structure on a excavated and recompacted structural fill section or by supporting the structure on the underlying firm to dense <;:edar River sands and gravels will prevent any possible major settlements that could affect the structure from occurring. Earthwork Criteria In areas under structures, paving sections, and sidewalks, strip all topsoil and organic material. For structural fill in areas under footings and slab on-grade, we recommend that all soils be compacted to a minimum density of 95 percent of ASTM D-1557. This includes proof rolling native soils exposed in the bottom of the excavation before placing fill. Materials under the paving section should also be compacted to the minimum density specified in the paving section of this report by proof rolling before placing the paving section. This includes proof rolling in-place soils, soils that have been disturbed during construction, and all structural fill materials. ,·For imported structural fill, we recommend that a clean, six-inch minus, well-graded gravel or gravelly sand (classifying as GW or SW as determined by ANSIIASTM test method D-2487), conforming to APWA specification 9-03.14 for gravel borrow, be used. We also recommend that no more than 7 percent by weight pass the number 200 screen as tested by ANSIIASTM D-1140 test procedure. All fill should be placed in uniform horizontal lifts of six-to eight-inch loose thickness. Each lift should be conditioned to the optimum moisture content and compacted to the , specified minimum density before placing the next lift. We further recommend that all utility trench backfill be compacted as specified above. Earthwork should be performed under the continuous supervision and testing of an approved testing agency to ensure compliance with the compaction requirements. · ' 03080801 Page 7 of 8 Placement of fill section on slopes greater than 4: I (horizontal to vertical) will be benched as directed into the native soils. Height and width of the bench will be determined in the field by the soils engineer or engineering geologist. Unrestricted slopes shall not exceed 2: I )horizontal to vertical) for fill embankments and cuts that expose native soils. All fill slopes will be rolled. The project's civil engineer is responsible for the protection of the constructed fill slopes from uncollected runoff. We recommend that all cut-and-fill slopes be seeded as soon as possible after construction, so that vegetation can protect the slopes from sheet washing. No fill is to be placed during periods of unfavorable weather or while the fill is frozen or thawing. When work is stopped by rain, placement of fill will not resume until the soils engineer or engineering geologist determines that the moisture content is suitable for compactive effort and that the previously placed fill has not been loosened. The contractor wiil take appropriate measures during unfavorable weather to protect the fill already placed. Measures that may be required include limiting wheeled traffic and grading to provide temporary drainage of the fill At the direction of the soils engineer or engineering geologist, the contractor will be responsible for the removal and reworking of fill that has softened or has less than the reqUired compaction. Limits of Liability BRADLEY-NOBLE GEOTECHINCAL SERVICES is responsible for the opinions and conclusions contained in this report. These are based on the data relating only to the specific project and locations discussed herein. This report was prepared with the standard and accepted practices of our industry. In the event conclusions and recommendations based on these data are made by others, such conclusions and ; recommendations are not the responsibility of the soils engineer or engineering geologist unless he has been given an opportunity to review them and concurs in such conclusions or recommendations in writing. The analysis and recommendations submitted in this report are based upon the data obtained in the explorations at the location indicated in this report. This report does not reflect any variations that may occur between these explorations. The nature and extent of variations between explorations my not become evident until construction is underway. Bradley-Noble is to be given the opportunity to review the final plans and specifications for soils work. This is to verify that our geotechnical engineering recommendations have been correctly interpreted and implemented in the final design and specifications. 03080801 Page 8 of 8 We also recommend that we be retained to provide geotechnical services during the foundation construction and trenching. These services would include review of backfill operations, excavations, and other geotechnical considerations that may arise during construction. We would observe compliance with the design concept and project specifications. If the subsurface conditions differ from those anticipated in our explorations, "Ye would also evaluate changes in contraction specifications. BRADLEY-NOBLE GEOTECHNICAL SERVICES Report prepared by: David C. Strong, L.E.G. Please see attached soil engineer's review letter. 3 December 2004 I •. I L- L L I ~. -..... ~~~ -... -----= ::..:: ::. --- ,Me SQUARED INCORPORATED December 3, 2004 Mr, David Strong Bradley-Noble Geotechnical Services P.O. Box 12267 Olympia, WA 98508-2267 1235 EAST 4TH AVE SUITE 101 OLYMPIA, WA 98506 (360) 754-9339 FAX (360) 302-2044 E-mail: Bng0mc2-inc.com RE: SOILS INVESTIGATION REPORT FOR THE NEW OFFICE BUILDING FOR OLYNCO DEVELOPMENT COMPANY, RENTON, WASHINGTON Dear David: We have reviewed the attached 8 page soils report entitled ·Soils Investigation Report for the New Office Building for Olynco Development Company, Renton, Washington", This report was prepared by you based on field work performed by you and your firm. MC Squared, Incorporated has reviewed this report and the conclusions contained therein. It is our opinion that the report and the conclusions meet the standards of good geo-technical practice for this place and time. MC Squared's recommendations and opinion are based on our review of the field information and soils logs presented to us. MC Squared has made recommendations to you regarding allowable soil bearing values, lateral resistance and loads, site period, and other items of an engineeri'ng nature. These recommendations and conclusions have been included in the attached report. If you have any questions, or I may be of further help, please call me at (360) 754- 9339. Sincerely yours, MC SQUARED, INC. MICHAEL SZRAMEK, PE Principal Engineer r;.\WP9\My DocumontsIReportsISOILS\OL YNCO-OFFICE-BUILOING-RENTON.wpd\offlC8 STRUCTURAL. FOUNDATION. CIVIL ENGINEERS • • GENERAL NOTES FOR SOIL INVESTIGATIONS CONDUCTED BY AUGERED BORINGS SAMPLE IDENTIFICATION All sample classifcations are reviewed by a accordance with the Unified Soil Classification Field soil classifications are in accordance with soils engineer in System ASTM 0-2487. ASTM 0-2488. SOIL PROPERTY SYMBOLS Dd: Dry density, pcf PL: Plastic limit qp: Penetrometer value, tsf quI Unconfined compressive strength, tsf LL: Liquid limit W: Moisture content qs: Vane-shear strength, tsf PI: Plasticity index N: Penetration resistance per foot or fraction thereof, of standard 2-inch 0.0., 1.3-inch I.D., split-spoon sampler driven with a 140-pound weight free falling 30 inches, in accordance with Standard Penetration Test Specifications ASTM 0-1586 : Apparent ground water level at the time noted after completion SOIL STRENGTH CHARACTERISTICS COHESIVE SOILS Comparative Consistency Blows/Foot Unconfined Compressive Strength (tsf) SS: AU: WS: TC: ST: Very soft Soft Medium I Stiff Very stiff Hard 0-2 2 4 4 - 8 8 -15 15 -30 30+ o -0 .. 25 0.25 0.50 0.50 -1.00 1.00 -2.00 2.00 -4.00 4.00+ NON-COHESIVE (GRANULAR) SOILS Relative Density Very loose Loose Firm Dense Very dense Blows/Foot (N-Value) 0-4 4 -10 10 30 30 -50 50+ DRILLING AND SAMPLING SYMBOLS Split spoon Auger sample Washed sample Tri-core drilling Shelby tube -3" 0.0. DB: Diamond bit core CB: Carbide bit core RL: Ring-lined sampler (except where noted otherwise) • JOB#: DATE: TESTING BY: 03.08-08 8/13/2003 D. Strong 108 Factory Avenue N, Renton .. Boring 1 . 0' -20' water .5L table -25' -30' -35' -39' ~---. Parking lot surface I' AC pavement on sand b::Jse Blows/6"drive for N-value 2-3-3 N=6 Loose yellow-brown silty fine sand 16-28-37 N=65 11-13-19 N=32 21-24-21 N=45 16-20-26 N=46 Loose yellow-brown fine sand over iron-stained gray medium sand Loose gray fine to medium sands with iron-stained layers Firm gray medium sand over medium to coarse pebbly sands Very dense gray gravelly sands Very dense light brown silty sandy gravels Dense iron-stained coarse sandy gravels Dense reddish brown coarse sands and gravels Dense reddish brown coarse sands and gravels 10-37-50 for 5" Very dense reddish brown coarse sands and gravels N=87+ Vertical Scale 1.0":5.0' . Bradley-Noble Geotechnical Services STORM DRAINAGE REPORT for OLYNYK OFFICE BUILDING 108 FACTORY AVENUE NORTH RENTON, WA Prepared For: Steve Olynyk, DC c/o Al Johnston 6928 15th Ave SE Lacey, W A 98503 360-491-3176 Prepared By: WARNER ENGINEERING 2709 Jahn Ave NW, Suite H-5 Gig Harbor, W A 98335 (253) 858-8577 November 18, 2004 Job Number: 006078 DEVELOPME erry OF ~kNP~ANNING ' •.• ON . APR -~ 2005 RECEIVED ., TABLE OF CONTENTS I. Project Overview II. Existing Conditions Summary III. Developed Conditions Summary IV. Discussion of Core Requirements V. Discussion of Special Requirements VI. Storm System Analysis and Design VII. Water Quality Analysis and Design VIII. Appendices Appendix A -Vicinity Map Appendix B -SCS Soil Map Appendix C -Predeveloped Basin Map Appendix D -Postdeveloped Basin Map IX. References Olynyk Office Building 2 Renton, WA .. I. PROJECT OVERVIEW This project is an approximately 10 136 SF, 3-story Professional Building. The site, is bounded on the west by Factory Ave N. and on the south by Bronson Way. The project encompasses re-development of an approximately 15000 SF site. The work shall include the demolition of an existing building and parking lot and constmction ofa new building (approximately 3859 SF footprint), driveway access from Factory Ave N., parking and landscaping areas. See Appendix A for a vicinity map. II. EXISTING CONDITIONS SUMMARY SOILS Soils on the site are identified by the SCS Soil Survey for King Countyl as Urban Land (Ur)- see Appendix B for SCS Soils information. The SCS description is as follows: Urban land (U) is soil that has been modified by disturbance of the natural layers with additions of fill material several feet thick to accommodate large industrial and housing installations. In the Green River Valley the fill ranges from about 3 to more than 12 feet in thickness, and from gravelly sandy loam to gravelly loam in texture. The erosion hazard is slight to moderate. No capability or woodland classification. No other geotechnical data has been provided for this project. EXISTING DEVELOPMENT AND DRAINAGE The site currently contains a two-story building with a basement located in the northwest comer of the site, and the balance ofthe site is paved parking lot with landscaping. The site generally slopes from the southeast comer to the northwest comer with a total vertical relief of about 3 feet. Surface drainage on site is sheet flow to existing catch basins in the parking lot that drain towards Factory Ave N. The City has not been able to provide storm system records to verify where the drains are located within Factory Ave N., nor have they confirmed the presence of a storm main along the frontage ofthe site within Factory Ave. N. The storm drainage runoff from this drainage basin eventually drains to the Cedar River. See the Existing Conditions Map, Appendix C. Olynyk Office Building 3 Renton, WA · ".\, ... , OFF-SITE AND DOWNSTREAM DRAINAGE There is no off-site drainage onto this site. See the Existing Conditions Map, Appendix C. The City of Renton has verified there have been no records of complaint of storm water problems with the vicinity ofthe site. As such, given that the proposed site development will not create additional runoffbeyond what is currently present at this site, there should continue to be no adverse impacts to downstream properties and stonn drainage systems as a result of the re-development of this site. No further downstream analysis has been conducted. Ill, DEVELOPED CONDITIONS SUMMARY ON-SITE IMPROVEMENTS & DRAINAGE This site is currently developed and the proposed development will not add impervious coverage, nor will it add 5000 SF or more impervious area subject to vehicular use. Therefore, as confirmed with the City of Renton, this project is exempt from stonnwater quantity and quality control improvements. The building footprint will be approximately 3859 square feet and will be located in the southwest comer ofthe site. It will be bounded by parking and landscape areas on the north and east sides of the site, and will be bounded by Factory Ave N. and Bronson Way on the west and south sides, respectively. Stoml drainage for the site will be as follows: The site will be graded to sheet flow from the site into the right-of-way on Factory Ave N. Downspouts will discharge into the parking pavement area and sheet flow as well. There is no proposed increase in nll1-offfrom the Existing condition to the Proposed conditions so no detention is required for this site. See the Proposed Conditions Map, Appendix D. OFF-SITE IMPROVEMENTS & DRAINAGE No off-site improvements are proposed with the exception of removal and replacement ofthe existing driveway approach with curb & gutter and sidewalk, and replacement of portions of Factory Ave. pavement disturbed by utility installations. OIY11yk Office Building 4 Renton, WA IV. DISCUSSION OF CORE REQUIREMENTS Core Requirement #1-Discharge at the Natural Location As discussed in EXISTING CONDITIONS SUMMARY above, the site drainage currently consists of sheet flow to existing yard drains in the parking lot that appear to drain out to Factory Ave., North. Again, the City records indicate there is no storm system within Factory Ave N. adjacent to the site. Topographically, this site drains towards Factory Ave, and Factory Ave drains to the north. Eventually, the storm system in the northerly portion of Factory Ave drains westerly, then southerly, and discharges into the Cedar River. This project proposes to drain in the same direction in order to maintain discharge to the natural location. Core Requirement #2-Off-SiteAnalysis No offsite drainage enters the site. See Appendix C-Existing Conditions Map. A Level One Downstream Analysis is described in the Existing Conditions Summary. There are no known drainage problems in this system, nor are there any documented drainage complaints in the vicinity of the site, or downstream of the site. Core Requirement #3-Runoff Control This site is exempt from On-site Peak Rate Runoff Control because it is a re-development of an existing developed site and proposes no increase in impervious cover. Core Requirement #4-Conveyance System The project storm system will convey the site 100 year design stomL Core Requirement #5-ErosioniSedimentation Control Plan An Erosion and sedimentation plan will be developed for this site as outlined in the King County Surface Water Design Manual. Filter fences, CB inlet protection, CB inlet sediment trap and construction entrances will be installed. Core Requirement #6-Maintenance and Operation Maintenance and operation of all ofthe stomlwater system on this site will be the responsibility of the owner. Olynyk Office Building 5 Renton, WA , ;j. r" '. -": . ," Core Requirement #7-Bonds and Liability Bonds and liability insurance will be provided by the owner. V. DISCUSSION OF SPECIAL REQUIREMENTS Special Requirement # 1-Critical Drainage Areas The City has not indicated that this site is in a critical drainage basin. Special Requirement #2-Compliance With Existing Master Drainage Plan There is no existing known Master Drainage Plan that includes this site. Special Requirement #3-Conditions Requiring a Master Drainage Plan This project site does not trigger any of the thresholds that require a Master Drainage Plan. Special Requirement #4-Adopted Basin or Community Plans The site is not in any known adopted basin or community plans. Special Requirement #5-Special Water Quality Controls No special water quality controls are required. Special Requirement #6-Coalescing Plate Oil/Water Separators A coalescing plate oil/water separator is not required. Special Requirement #7-Closed Depression There are no closed depressions on the project site, and the site does not drain to a closed depression. Special Requirement #8-Use of Lakes. Wetlands or Closed Depressions for Peak Runoff Control The project will not use a lake, wetland or closed depression for peak runoff control. Olynyk Office Building 6 Renton, WA Special Requirement #9-Delineation of 100 Year Floodplain The site is not within a delineated 100 year floodplain. Special Requirement #10-Flood Protection Facilities for Type I and 2 Streams There are no streams on or adjacent to this project. Special Requirement # 11-Geotechnical Analysis and Report No geotechnical analysis has been provided for this project. Special Requirement #12-Soils Analysis and Report No soils analysis has been provided for this project. Special Requirement #13 -Aquifer Recharge and Protection Areas This site is in aquifer protection zone 1. VI. STORM SYSTEM ANALYSIS AND DESIGN Existing conditions Apcev = 0.06 ac (landscaping) A;mp = 0.28 ac (impervious area includes approx. 10,235 sf(0.23 ac) of asphalt and concrete surfaces and 1690 sf (0.04 ac) building) Developed conditions Apm = 0.06 ac A;mp = 0.28 ac (area includes approx. 9460 sf (0.22 ac) of asphalt and concrete surfaces and 2440 sf(0.06 ac) building) Since the existing and proposed conditions are essentially equivalaent, no storm water analysis has been performed, that is, the developed site will continue to discharge approx. the same amount of storm water runoff as the existing conditions. Olynyk Office Building 7 Renton, WA VII. WATER QUALITY ANALYSIS AND DESIGN Since this project does not create 5000 SF or more new impervious area subject to vehicular use, no water quality facilities are required. V. Appendices Appendix A -Vicinity Map Appendix B -SCS Soil Map Appendix C -Existing Conditions Map Appendix D -Proposed Conditions Map VI. REFERENCES I. Soil Survey of King County Area, Washington. United States Department of Agriculture, Soil Conservation Service. November 1973. II Surface Water Design Manual, King County, Washington. King County Department of Public Works. January 1990. Revised November 1995. Olynyk Office Building 8 Renton, WA PROJECT SITE 108 FACTORY AVE. N RENTON, WA 98055 OWNER: STEVE OLYNYK 1222 BRONSON WAY N, #100 RENTON, WA 98055 228-2824 VICINITY MAP N.T.S. If d:rained, this soil is used for row is also us ed for pas ture. Capabi Ii ty UI no woodland classification. Urban Land -ops. It IIw-3 ; :JTbai'L latld (Urj is soil that has been modified by distlr,:,~ancc of the natural layers with additions of fill 'naterial sR\,p.!'al feet thick to ar.c0mmodate large industrial and housing installations. In the Green River Valley the fill ranges from about 3 to more :han .l2 feet in thickness, and from gravelly sandy loam to gravelly loam in texture. The erosion hazard is slight to moderate. No (~apability or woodland classification. Woodinville Series The Woodinville series is made up of nearly level and gently undulating, poorly drained soils that fanned under grass and sedges, in alluvium, on, stream bottoms. S lopes are 0 to 2 percent. The annual precipi tation ranges from 35 to 55 inches, and the IT.ean annual air temperature is about 50° F. The frost-free season is about 190 days. Elevation ranges from about sea level to about 85 feet. In a representative profile, gray silt loam, silty clay loam, and layers of peaty muck extend to .l depth of about 38 inches. This is underlain by sreenish-gray silt loam that extends to a depth of 50 inches and more. Woodinville soils are used for row crops, pasture, :.nd urban development. Woodinville silt loam (Wo) .--This soil is in elon- ~3.ted and blocky shaped areas that range from 5 to lcarly 300 acres in size. It is nearly level and ~~ntly undulating. Slopes are less than 2 percent. Representative profile of Woodinville silt loam, Ln pasture, 1,700 feet south and 400 feet west of :he north quarter corner of sec. 6, T. 25 N., R. 7 \pl--D to 3 inches, gray (SY 5/1) silt loam, grayish brown (lOYR 5/2) dry; common, fine, prominent, dark reddish-brown (SYR 3/4) and reddish-brown (SYR 5/4) mottles; moderate, medium, crumb structure; hard, friable, sticky, plastic; Many fine roots; medium acid; clear, smooth IJoundary. 2 to 4 inches thick. Ap2--3 to 8 inches, gray -~Y 5/1) silty clay loam, light brownish gre 2.SY 6/2) dry; many, fine, prominent, dark reddish-brown (5YR 3/3 and 3/4) mottles and common, fine, prominent mottles of strong brown (7. 5YR 5/6) and red- dish yellow (7.SYR 6/6) dry; moderate, fine . , ":and very fine J angul ar blocky .struct.ure; ~aTC! J friable, sticky, plastic; corrunon fine rO:Jts; medium acid; abrupt, wavy boundary. 4 tc n ~ncb~~ thjck. 82Ig--8 to 38 inches, gray (SY 5/1) silty clay loam, gray (5Y 6/1) dry; common, fine, prominent, brown (7.SYR 4/4) mottles and medium, promi- nent mottles of brownish yellow (lOYR 6/6) dry; 25 percent of matrix is lenses of very dark brown (lOYR 2/2) and dark yellowish-brown (IDYR 3/4) peaty muck, brown (7.5YR 4/2) dry; massive; hard, firm, sticky, plastic; few fine roots; medium acid; clear, smooth boundary. 30 to 40 inches thick. B22g--38 to 60 inches, greenish-gray (SBG 5/1) silt loam, gray (5Y 6/1) dry; few, fine, prominent mottles of brownish yellow (lOYR 6/6) dry; massive; hard, very friable, Slightly sticky, slightly plastic; strongly acid, The A horizon ranges from dark grayish brown to gray and from silt loam to silty clay loam. The 8 hori zon ranges from gray and grayish brown to olive gray and greenish gray and from silty clay loam to silt loam. In places there are thin lenses of very fine sandy loam and loamy fine sand. Peaty lenses are common in the 8 horizon. These lenses are thin, and their combined thickness, between depths. of 10 and 40 inches, does not exceed 10 inches. Soils included with this soil in mapping make up no more than 25 percent of the total acreage. Some areas are up to 15 percent Puget soils; some are up to 10 percent Snohomish soils; anJ some areas are up to 10 percent Oridia, Briscot, Puyallup, Newberg, and Nooksack soils. Permeability is moderately slow. There is a sea- sonal high water table at or near the surface. In drained areas, the effective rooting depth is 60 inches or more. In undrained areas, rooting depth is restricted. The available water capacity is high. Runoff is slow, and the hazard of erosion is slight. Stream overflow is a severe hazard unless flood protection is provided (pl. III, top). This soil is used for row crops, pasture, and urban development. Capability unit IIw-2; woodland group 3' ... 2. 33 , . 2- ~ -:.:I-~ " ?t- ,J"J1 / • , r ~ ~ ~I c-~& ~:; ~'"' CD ~ '1',. . , , p r 8 ";1'1 ,le) z """p-", ~(Jrms. I Ie n.:l4 G 'Z.84 n: .u.5a C "".06 I ~ 5i ~ . w ~ I Wil'---+-+ ~--"~:t=- I I J I I 4I---Ilc~ ~ ~, TBMl e:.,L wi "'I I ~II ~ I r ,.~? G 46.(1] ,. ('\SI AV(. N,') I . __ ------~~. t./ 1\ I -\---f '/"4\W :. \ --;:'}5) r-: ' .' , • • TRANSPORTATION CONSULTING NORTHWEST 1607 E. Main St Auburn, WA 98002 Ph (253) 931·0506 Fax 253.333.2340 tmilier@tcninc.com www.tcninc.com Traffic Impact AnalysisDEV~~~~~~1~~~~~INc APR -420U5 Olynyk Mixed Use RECEIVED Prepared by: Timothy Miller, PE Washington #27048 Member, ITE #11026 January 17,2005 Renton, Washington Prepared For: Steve Olynyk At the Request of: City of Renton IEXPIRES 2/19/06 " TABLE OF CONTENTS Introduction........................................................................................... 2 I. Project Identification, Street Inventory........ ...................................... 3 II. Trip Generation ..................................................................................... 3 III. Traffic Assignment ........................................................................... ".. 5 IV. Level 0 f Service ................................................................... ................ 6 V. Queue Analysis ................................................. "............ . ... . . . . ......... 7 VI. Mitigation............................................................................................ 7 Figures................................................................................................. 8 Appendix....................................................................... 15 LIST OF TABLES AND FIGURES Table I: Trip Generation ................... . . . . . . . . . . . . . . . . ...................................... 5 Table 2: Signalized Intersection Level of Service Criteria ............. ........ ....... 6 Table 3: Signalized Intersection Level of Service Summary .. ...................... 7 Table 4: PM Peak Hour Queue Analysis Summary .................... ............... 7 Figure I: Project Vicinity............................................................................ 9 Figure 2: Site Plan ....................................................................... 10 Figure 3: 2005 PM Peak Hour Volumes ............................................. II Figure 3a: 2006 PM Peak Hour Volumes wlo Project..... ............................... 12 Figure 4: Site Generated Trips ......................................................... 13 Figure 5: 2006 PM Peak Hour wi Project .............................................. 14 TRANSPORTATION CONSULTING NORTHWEST Page I , Olynyk Mixed Use TlA January 17, 2004 Introduction This report analyzes the traffic access and impact of the proposed Olynyk Mixed Use development located on the NE comer of Bronson Way & Factory Avenue in Renton, WA. According to the preliminary site plan, the development consists of the construction of a three- story building. The first floor is 2,418 SF of Specialty Retail, the second floor is 2,433 SF of MedicallDental Office and 1,512 SF of General Office, and the third floor is 4 Apartment Units. Access to the site will be via one driveway onto Factory A venue. Study Area Level of Service (LOS) analysis for the PM Peak Hour is required by the City of Renton for the following intersection: • Bronson Way & Factory Avenue The Synchro 6 computer software program was used to perform the LOS analyses. Existing Conditions Without Project An inventory of the street and intersection characteristics in the project vicinity was conducted and is summarized in the report. PM peak hour traffic volumes at the study intersections were gathered. Future Conditions Without Project For current traffic volumes a 2.0% background traffic growth factor was used to project traffic volumes that will exist in 2006 for the without project condition. PM peak hour Level of Service (LOS) analyses at the study area intersections were completed for the 2006 without project condition. Future Conditions With Project The following items were evaluated: • Trip generation was computed for AM peak hour, PM peak hour, and daily. • PM peak hour trip distribution and assignment were developed. • LOS analyses at the study area intersection was calculated. • Queuing analysis of the SB queue at Bronson & Factory was analyzed to determine if it affects operation at the site driveway, • Measures to mitigate the development's impact on the transportation facilities in the study area were developed. TRANSPORTATION CONSULTING NORTHWEST Page 2 Olynyk Mixed Use TIA January 17, 2004 I I. Project Identification, Street Inventory Project Identification The development consists of the construction of a three-story building. The first floor is 2,418 SF of Specialty Retail, the second flooris 2,433 SF ofMedicallDental Office and 1,512 SF of General Office, and the third floor is 4 Apartment Units. Access to the site will be via one driveway onto Factory Avenue. The development is located in Renton, Washington as shown in Figure 1, Site Vicinity. The proposed site plan is shown in Figure 2. Street Inventory Bronson Way is a E-W major arterial fronting the south edge of the site. It is 5 lanes wide and has a speed limit of 25 mph along the site frontage. It has curb, gutter, and sidewalks. It connects the site to downtown Renton to the west and 1-405 to the east. Factory Avenue is a two-lane N-W minor arterial. It has curb, gutter, and sidewalks on both sides of the street. It has posted speed limit of 25 mph. I II. Trip Generation Trip generation for the site is estimated using data from the seventh edition of Trip Generation. This report is published by the Institute of Transportation Engineers (ITE) compiling measured trip generation data from different land use types from locations across the US. ITE Land Use Code 814 (Specialty Retail) using KSF as the independent variable was selected as the appropriate method of determining the trip generation for the retail portion of the development. ITE Land Use Code 720 (MedicallDental Office) using KSF as the independent variable was selected as the appropriate method of determining the trip generation for the medical office. ITE Land Use Code 710 (General Office) using KSF as the independent variable was selected as the appropriate method of determining the trip generation for the general office. ITE Land Use Code 220 (Apartment) using dwelling units as the independent variable was selected as the appropriate method of determining the trip generation for the apartment units. A copy of the relevant pages from Trip Generation is included in the Appendix. Pass-by trips are attracted from the adjacent traffic stream where a passing vehicle enters the site to make a purchase, and then exits the site to continue on the primary trip. Such trips impact only the turning movements at the site driveways and do not represent new trips on the roadway network. To be conservative, pass-by trip adjustments were only applied to the daily trip generation, not peak hour trip generation. This means that peak hour Level of Service and queue length calculations will be based off of the worst case scenario. The pass-by rates for the medical office and the general office fast food restaurant was found from King County Pass-by Rates (copy in Appendix). Medical Office's pass-by rate is 35% while General Office's pass-by rate is 15%. The pass-by rate for the specialty retail building was TRANSPORTATION CONSULTING NORTHWEST Page 3 Olynyk Mixed Use TIA January 17, 2004 estimated to be 20% and this value was approved in a Trip Generation Report for Bales Mixed Use submitted in January of2004, As shown in Table I, the project wiIl generate 27 new AM peak hour trips, IS entering and 12 exiting trips. The project will generate 20 new PM peak hour trips, 7 entering and 13 exiting trips. The project will also generate 239 daily trips, of which 54 are pass-by trips. Due to the mixed-use character of the development there will be some percentage of trips that will visit more than one of the locations. These are known as "internal captured" trips. This internal capture rate percentage is set at 5%. Other mixed-use developments have had as high as a 20% internal capture rate (Bales Mixed Use), so 5% for this site is conservative. With the project generating 239 gross daily trips it is computed that 175 trips will be new net daily trips. Again to be conservative, internal capture trip adjustments were only applied to the daily trip generation, not peak hour trip generation. TRANSPORTATION CONSULTING NORTHWEST Page 4 Olynyk Mixed Use TlA January 17, 2004 A spreadsheet computing the new site generated entering, exiting and total trips for percentages of trip generation from I % to 100% was prepared and is included in the Appendix. I III. Traffic Assignment Traffic Volume Data Turning movement data were adjusted by a 2.0% annual traffic growth factor to account for general background growth. TRANSPORTATION CONSULTING NORTHWEST Page 5 Olynyk Mixed Use TlA January 17,2004 The horizon year for this analysis will be 2006 using a 2.0% annual background growth rate. Figure 3 shows the current PM Peak Hour turning movements w/o project at the study intersection. Figure 3a shows the adjusted 2006 PM Peak Hour turning movements w/o project. New trips generated by the site were distributed in accordance with existing traffic patterns and the street system configuration. The new site generated trip % assignments are shown in Figure 4 along with PM peak hour site generated trip assignments. Finally the site generated trips of Figure 4 were added to the 2005 w/o project volumes to establish the 2005 PM Peak Hour wi project data shown in Figure 5. I IV. Level of Service Capacity computations ofthe signalized study intersection were performed using the Synchro 6.0 software package. This computer program was developed by TrafficWare as an accurate representation of the Special Report 209 "Highway Capacity Manual" methodology. Outputs from the program are included in the Appendix. Level of Service (LOS) was calculated for the study area intersections noted above. Signalized Intersections For the case of signalized intersections the LOS of each movement, and the intersection as a whole, is computed in seconds of delay per vehicle. The delay value established for each LOS criteria from the 2000 Highway Capacity Manual is listed in Table 2. " .. ' . Level of Service Control Delay per Vehicle A ~ 10.0 B 10.1 to 20.0 C 20.1 to 35.0 D 35.1 to 55.0 E 55.1 to 80.0 F >80.0 A summary of the capacity calculations performed for this study is contained in Table 5. Synchro computer output sheets for each signalized intersection LOS calculation are included in the Appendix. TRANSPORTA TlON CONSULTING NORTHWEST Page 6 Olynyk Mixed Use TIA January 17, 2004 Intersection As seen above the intersection operates at very good conditions (LOS A) with a minimal change with addition of site generated trips. I V. Queue Analysis An analysis of the average and maximum queue of the SB RT was computed for the intersection of Bronson Way & Factory Avenue using SimTraffic. The maximum queue was calculated for the PM Peak Hour wlo Project and the PM Peak Hour wi Project. Bronson Way Avg Queue Max Queue Avg Queue Max Queue & Avenue As seen above the maximum left tum queue increases from 72 feet without the project to 77 feet with the project. The current site plan has the site driveway onto Factory Avenue at about 125' from the stop bar at Bronson Way. There will be no queuing problems with this driveway onto Factory Avenue. I VI. Mitigation The construction of the Olynyk Mixed Use development results in has virtually no change on the nearby intersection of Factory Avenue & Bronson Way as both the LOS and the queue of the intersection remain in very good condition with the addition of the site. The mitigation fee is computed by multiplying the amount of daily trips by $75/trip. With 175 new net daily trips the mitigation fee for this project is $13,125.00. TRANSPORTATION CONSULTING NORTHWEST Page 7 FIGURES TRANSPORTATION CONSULTING NORTHWEST Page 8 Figure 1 Site Vicinity A N Olynyk Mixed Use ~ >-' V1 z « £. ,. ! ~ I' :i. illS d ~ ! '" >-gj >-u '" .... ----- ASPHALT Figure 2 Site Plan I ASPHALT I ; .... I I I / I I s Olynyk Mixed Use • TRANSPORTATION r '~~/ NOR T H W EST '" • ..,/ .... "",,,rn'\.I'k CONSUl.tING Olynyk Mixed Use Figure 3 2005 PM Peak Hour Volumes ; 20t:? ~18 154~ ¢:I 1166 ~ TRANSPORTATION r;. NOR T H W EST ~ ."h"~'.'''/rc.\-h- CONSUmNG Figure 3a 2006 PM Peak Hour Volumes without Project A N Olynyk Mixed Use ~ ,0' <7 "'3 00> "'0 "'frO' o~o ~"j.. TRANSPORTATION ~ . . , KlIllIlf.illDl\'ldBIKI3J I·',NORTHWEST ,- "~,,,"'.'<{'IC\',I'''', Figure 4 Site Generated Trips .A. N Olynyk Mixed Use 4Vl 12 ~ 21 154C> ¢I 1166 ~. TRANSPORTATION r, ;~ NOR T H W EST ~ ~d"·",,,,,,ofTf'.\'.!,,,· CONS U l'TI N G Figure 5 2006 PM Peak Hour Volumes with Project Olynyk Mixed Use APPENDIX TRANSPORTATION CONSULTING NORTHWEST Page I j Apartment (220) Average Vehicle Trip Ends vs: On a: Dwelling Units Weekday Number of Studies: 86 Avg. Number of Dwelling Units: 212 Directional Distribution: 50% entering, 50% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 6.72 2.00 12.50 3.02 Data Plot and Equation 7.000 -,------------------------------_ "' "0 C W Q. ~ Ql (j :c Ql > Ql '" ~ Ql ~ " r- 6,000 5,000 4,000 3.000 2,000 x x x o 100 200 X Actual Data Points x x x· x x> .... x X,,"'" . .. ><. ~ : x x x" 1< / x . " . _ .. x. 300 400 x 500 600 x = Number 01 Dwelling Units ---Fitted Curve Fitted Curve Equation: T = 6.01(X) + 150.35 • Trip Generation, 7th Edition 306 x 700 800 900 1000 --- - --Average Rate R2 = 0.88 Institute of Transportation Engineers ",: Apartment (220) Average Vehicle Trip Ends vs: On a: Dwelling Units Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 78 Avg. Number of Dwelling Units: 235 Directional Distribution: 20% entering, 80% exiting Trip Generation per Dwelling Unit • Average Rate Range of Rates Standard Deviation 0.51 0.10 1.02 0.73 Data Plot and Equation 700,-----~----~------------------------------------------------__, 600 -... ',' .. ',". , 500 .... ' ........... _. .... .' ....... ' -.. -... ' ........ :"- '" -0 c w .9- 0=: <ll 400 Q :c " > " x 0> \'e 300 .. ···x- " > <! x· II I-·x x ~ x· ...... ;'''' .. X ~ . 1" x< 200 x >x>') xx x 100 .x .. >I< .... : .. ~ .. x o 100 200 300 400 500 600 700 800 900 1000 1100 x = Number of Dwelling Units X Actual Data Points ----Fitted Curve - - - - - -Average Rate Fitted Curve Equation: T = 0.49(X) + 3.73 R2 = 0.83 Trip Generation, 7th Edition 307 Institute of Transportation Engineers Apartment (220) Average Vehicle Trip Ends vs: On a: Dwelling Units Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 90 Avg. Number of Dwelling Units: 233 Directional Distribution: 65% entering, 35% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.62 0.10 1.64 0.82 Data Plot and Equation 700,---------------------------------------------------------------, "' '0 c: W a. ~ Ql (j :c Ql > Ql 1? ~ " f- 600 500 400 300 200 100 o 100 X Actual Data Points 200 ·x x x: x< x··· >< x 300 x. 400 500 600 x = Number of Dwelling Units ----Fitted Curve Fitted Curve Equation: T = 0.55(X) + 17.65 Trip Generation, 7th Edition 308 . .............. ~ .. 700 800 900 1000 1100 --- - --Average Rate R2 = 0.77 Institute of Transportation Engineers ueneral Office Buildin' (710) Average Vehicle Trip Ends vs: On a: Number of Studies: Average 1000 Sq. Feet GFA: Directional Distribution: 1000 Sq. Feet Gross Floor Area Weekday 78 199 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 11.01 ',' 3.58 28.80 6.13 Data Plot and Equation '" "Cl c: W Q. ~ " 13 :c " > " OJ i" " > « " f- 15,000 -.----------------------------------, 14,000 13,000 12,000 11,000 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 0 : ...... : ...... : ...... ~. . ... ~/. " -_ •••••.• ' ••.••• ' ••.••• ' •••••• ' •••••• ' ••.••• ' •••••• , • ~/'''''/<' , • .. ' ...... ' ...... ' ...... ' ...... ' ...... ' .. /./~;/."<~ •••• " •••••• " •••••• ' •••••• J< ". ,,,.," , ..... , ..... , ..... .' ...... ' ...... ' ...... ' ...... " ...... ' .. ~~~,:~ .. -:: .... " ...... ' ...... , .... - ,' .... x ........ ,._ -............. -~' ............................... ;,,/ .... -x' .... , .. ,' ''*' .~ ., .x './<-x --x'" .' ,,~/ X X x - -. , . -'. -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . x x 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points ---Fitted Curve - - - - - -Average Rate Fitted Curve Equation: Ln(T) = 0.77 Ln(X) + 3.65 R2 = 0.80 Trip Generation, 7th Edition 1158 Institute of Transportation Engineers (:n:meral Office Building (710) Average Vehicle Trip Ends vs: On a: 1000 Sq. Feet Gross Floor Area Weekday, Number of Studies: Average 1000 Sq. Feet GFA: A.M. Peak Hour 217 223 Directional Distribution: 88% entering, 12% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 1.55 0.60 5.98 1.39 Data Plot and Equation 4.000 ,------------------------------------, w " c W 0. ~ <J) u :c <J) > <J) Ol ~ Q) ~ " f- 3,000 2,000 1,000 ......... x. o o X Actual Data Points x x x ..... ~ .' x , ......... ·5<" . 1000 2000 x = 1000 Sq. Feet Gross Floor Area ---Fitted Curve Fitted Curve Equation: Ln(T) = 0.80 Ln(X) + 1.55 Trip Generation, 7th Edition 1159 x 3000 ------Average Rate R2 = 0.83 Institute of Transportation Engineers ueneral Office Building (710) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, P.M. Peak Hour Number of Studies: 235 Average 1000 Sq. Feet GFA: 216 Directional Distribution: 17% entering, 83% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 1.49 0.49 6.39 1.37 Data Plot and Equation '" "0 c: W 0. ~ Q) u :c Q) > Q) OJ i'e ~ " f- 4,000,-------------------------------, 3,000 2,000 x 1,000 ........ ·x- -... -:/:~ /// • • -• • • • • • • -• • -• • • • p • • -• • • • -• • • , )/ x x x x x o~~---~---_,-------~--------,_--------~------~ o 1000 2000 3000 x = 1000 Sq. Feet Gross Floor Area X Actual Data PoInts ---Fitted Curve - - - -_. Average Rate Fitted Curve Equation: T = 1.12(X) + 78.81 R2 = 0.82 Trip Generation, 7th Edition 1 t60 Institute of Transportation Engineers Mea.cal-Dental Office Builamg (720) Average Vehicle Trip Ends vs: On a: 1000 Sq. Feet Gross Floor Area Weekday Number of Studies: 10 Average 1000 Sq. Feet GFA: 45 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 36.13 Data Plot and Equation "' l:J C W Co 4,000 ~ 3,000 <I> ]2 .c ~ <I> Dl i" ~ " f- 2,000 1,000 o 10 X Actual Data Points 23.16 • 50.51 x .... .' ... ·x· . ". . " (' ... x. .:. x. 20 30 40 so 60 70 x = 1000 Sq, Feet Gross Floor Area ---Fitted Curve Fitted Curve Equation: T = 40,89(X) • 214,97 10.18 80 90 100 110 - - - - --Average Rate R2 = 0,90 120 Trip Generation, 7th Edition 1190 Institute of Transportation Engineers Medical-Dental Office Buildmg (720) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 21 Average 1000 Sq. Feet GFA: 39 Directional Distribution: 79% entering, 21 % exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 2.48 0.85 4.79 1.94 Data Plot and Equation 300,-----------------------------------------------------------, "' "0 c W "-~ Q) (j E Q) > Q) Ol ~ ~ " f- 200 x 100 x· /. .: ... >S •.•... >;J .. :x " /. ... ". .. ~/'x X . ~".~ x ' x' x ;.-" x )S/x x x ./. x X X"'" >/ x o 10 20 30 40 50 60 70 80 90 100 110 120 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points ------Average Rate Fitted Curve Equation: Not given Trip Generation,7th Edition 1 t 9t Institute of Transportation Engineers Medical-Dental Office Building (720) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area Weekday, On a: Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 41 Average 1000 Sq. Feet GFA: 30 Directional Distribution: 27% entering, 73% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 3.72 0.97 8.86 2.50 Data Plot and Equation 500,---------------------------------------------------------------, "' 10 c: UJ Q. ~ Ql U :c Ql > Ql '" i'! Ql ~ " f- 400 300 200 100 x x: x x 0 0 10 ... x':-x x . x .,." x x x: --.. ,/ .. ~X" )( . x x >.... XX ' < , x· x ·x >x x x 20 30 40 50 60 ............. < 70 80 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points ---Fitted Curve Fitted Curve Equation: Ln(T) = 0.93 Ln(X) + '.47 Trip Generation,7th Edition '192 :x 90 100 110 120 - - - - - -Average Rate Institute of Transportation Engineers ~pecialty Retail Center (814) Average Vehicle Trip Ends vs: On a: 1000 Sq. Feet Gross Leasable Area Weekday Number of Studies: 4 Average 1000 Sq. Feet GLA: 25 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Leasable Area Average Rate· Range of Rates Standard Deviation 44.32 21.30 -64.21 15.52 Data Plot and Equation Caution -Use Carefully -Small Sample Size 2,100 2,000 .... : ..... ::< 1,900 1,800 -... ","" .. 1,700 . . . ~~.,/"" . "' 1,600 "0 c W 1,500 c. ~ 1,400 " <3 1,300 :c " > 1,200 " co ill 1,100 " > « 1,000 " x f- 900 x 800 700 600 500 ··············x· 400 10 20 30 40 50 x = 1000 Sq. Feet Gross Leasable Area X Actual Data Points ---Fitted Curve - - - - --Average Rate Fitted Curve Equation: T = 42.78(X) + 37.66 R2 = 0.69 Trip Generation, 7th Edition 1338 Institute of Transportation Engineers Specialty Retail Center (814) Average Vehicle Trip Ends vs: On a: 1000 Sq. Feet Gross Leasable Area Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 5 Average 1000 Sq. Feet GLA: 69 Directional Distribution: 44% entering, 56% exiting Trip Generation per 1000 Sq. Feet Gross Leasable Area Average Rate Range of Rates Standard Deviation 2.71 2.03 5.16 1.83 Data Plot and Equation Caution· Use Carefully· Small Sample Size w '0 C UJ CL ~ " <3 :c " > " '" ~ ~ II f- 600,---------------------------------------------------------------, 500 400 , ..... ' .................... /~;./ ( . ';/ , , , , , , , , , 300 . . . . . . . . . . . . . . . . . . . . . . . . . ., -, .' " , . 200 x 100 ····x . -/ x," / :/ , 'I' / X , " . 0+---------~------_,--------~--------_r--------~------_4 o 100 200 300 x = 1000 Sq. Feet Gross Leasable Area X Actual Data Points ----Fitted Curve - - - - --Average Rate Fitted Curve Equation: T = 2.40(X) + 21.48 R2 = 0.98 Trip Generation, 7th Edition 1339 Institute of Transportation Engineers ~pecialty Retail Center (814) Average Vehicle Trip Ends vs: On a: 1000 Sq. Feet Gross Leasable Area Weekday, A.M. Peak Hour of Generator Number of Studies: 4 Average 1000 Sq. Feet GLA: 60 Directional Distribution: 48% entering, 52% exiting Trip Generation per 1000 Sq. Feet Gross Leasable Area Average Rate Range of Rates Standard Deviation 6.84 5.33 -14.08 3.55 Data Plot and Equation Caution· Use Carefully -Small Sample Size 1.100 -,----------------------------------, "' '0 c: w a. j:: Ql <3 :c: Ql > Ql 0) i" Ql ~ " f- 1,000 900 800 700 600 500 400 .......... ,. 300 x .- 200 ... ",.."' " x .. c . 100 10 20 30 X Actual Data Points " ••.••••.••••••••••.••• -v" ----J " . , ,,<" . " " ..................... -........ ;'" , . " ·X --.......... -..... ., .. . " 40 50 60 70 80 90 100 110 120 130 140 150 x = 1000 Sq. Feet Gross Leasable Area ---Fitted Curve - - - - - -Average Rate Fitted Curve Equation: T = 4.91(X) + 115.59 R2 = 0.90 Trip Generation, 7th Edition 1340 Institute of Transportation Engineers · . King County Pass By & Diverted Trip Rates ITE r-CODE LAND USE % 10 Water 0% 21 Commercial Airport 0% 22 Gen. Aviation Airport 0% 30 Truck Terminal 0% 90 Bus Park & Ride 100% 110 Gen. Light Industrial 0% 120 Gen. Heavy Industrial 0% 130 Industrial Park 0% 140 Manufacturing 0% 150 Warehousing 15% 151 Mini-Warehouse 15% 170 Utilities 15% 310 Hotel 30% 311 All Suites Hotel 30% 312 Business Hotel 30% 320 Motel 30% 330 Resort Hotel 30% 411 City Park 40% 412 County Park 40% 413 State Park 40% 414 Water Slide Park 10% 420 Marina 40% 430 Golf Course 15% 440 Live Theatre 15% 443 Movie Theatre w/o Mat 15% 444 Movie Theatre w/ Mat 15% 452 Horse Race Stadium 15% 491 Tennis Courts 50% R 492 Racquet Club 50% 501 Military Base 0% R 520 Elementary School 15% R 530 High School 15% 540 Jr.lComm. College 15% 550 University 15% R 560 Church/Synagogue 50% R 565 Day Care Center 95% 566 Cemetery 0% R 590 Library 65% 610 Hospital 30% 620 Nursing Home 30% 630 Clinic 30% R = Market Area Restriction = 10 Minute or less travel time from project site ••• = Ln(Pb%)=0.34Ln(x)+5.376 , ' • t PM Percentages Olynyk Mixed Use PM Peak Trip Generation by r-tH l,;t:llli::l!~t: --20 Trips % l' Exit Total % Enter 1 Exit Total _64% 110()'l 100% c" ,"" , , ':.Lt:'~ F,~!, ~7 ~I , c 51 2 0 C 0 52 4 7 11 3 0 C 1 53 4 7 11 4 0 1 1 54 4 7 11 0 1 .J. ~ 4 7 11 0 1 .J. 4 7 11 1 1 1 ;7 4 7 12 8 1 1 2 58 4 8 12 9 1 1 2 8 1 : 11C 1 1 2 8 1 : 11 1 1 2 8 1 : 12 1 2 2 8 1: 13 1 2 3 5 8 13 14 1 2 3 64 5 8 13 ~ 1 2 3 65 1 : 16 1 2 3 66 1 17 1 2 3 67 1, -.18 1 2 4 68 5 9 14 19 1 2 4 69 9 14 12C 1 3 4 70 9 14 121 2 3 4 7' 9 14 122 2 3 4 72 5 9 15 123 2 3 5 73 5 10 15 124 2 3 5 74 5 10 11 125 3 5 75 5 10 11 26 2 3 5 76 6 10 11 27 2 4 5 77 6 1C 16 28 2 4 6 78 6 10 16 29 2 4 6 79 6 10 16 :3C 2 4 6 80 6 10 16 [31 2 4 6 8' 6 l' 16 132 2 4 82 6 11 11 133 2 4 7 83 6 11 17 134 2 4 7 84 6 11 17 l}§ 3 5 7 85 6 11 17 136 3 5 7 86 6 11 17 37 3 5 8 87 6 11 18 ]8 3 5 8 88 6 11 18 39 3 5 8 89 7 12 18 40 3 5 8 90 12 18 ~ 3 5 8 91 12 19 42 3 5 9 92 7 12 19 :43 3 6 9 93 12 19 144 3 6 9 94 7 12 19 145 3 6 9 95 7 12 19 1_4 3 6 9 96 7 12 2C ,,4,7 3 6 10 97 2 13 20 48 4 6 10 7 1 20 49 4 6 10 7 13 20 50 4 7 10 1 7 13 20 Page 1 "Rx Date/Time Jan 13 05 JAN-13-2001(THU) 13:08 13604911079 13Sr 12: 15p RENTON, WASHINGTON HOUSER WAY/ FACTORY AVE N BRONSON WAY N LOC# 01PTCNW05006M 05:00PM • 0 0 0 05:15 PM 2 0 0 0 05:30PM " 0 0 05:45PM 10 o 0 0 Tra~ 'icount 'I • 312 2 3 262 "I 3 262 10. 12 256 mAFFICOUNT, INC. PMB 195 4820 YELM HWY SE STE B LACEY, WA 98503 360-491-8116 0 1 0 0 265 424 16 7 0 447 0 2 265 397 15 4 1 416 0 1 268 407 6 10 0 423 ----,,,,-, -3'~ O~O~ '-, -'34"1"26' i092 -0--4' 320 U47 I. 8 2 Ml -rna I 1S75--.i~29---316S1-" GrandTolaJ " 0 0 93 : ApPIVI % 100. 0.0 0.0 I 0 Twl% I.' ~o 0.0 1.6 ! r~Dn 04:45 Pill Yo"'" ., 0 0 .. -100.0 0.0 0.0 04:4SV(liume 19 0 0 Peat. Factor Hl&blnl 04:45 PM YO'''''' 19 0 0 Put Factoi' PeakHourfrom 04:00 PMto 05:45 PM _ Peak t of 1 "-04~00PM Yo .... " 0 0 , ..... 100.0 0.0 0.0 Kighlnl 04:30PM VDlume 19 0 0 Peak Fattor 55 2208 0 20 2263 : 3012 11 .. 2.' 97.6 0.0 2.' 2.1 0.' 38.1 0.0 I 95~ 39.0. 51.9 1.3 1.1 43 18 1143 0 1.6 98.4 0.0 19 4 307 0 05:00PM 1983120 O~ I 04:30PM '" 24 I 2.0 05:00 PM 19 8 0..716 1153 98.0 312 0 0.0 0 1161 1555 95.5 311 3,11 05:15PM 320 . " 0.901 I 05:00PM 1171 1575 ,.. I 05:15PM 320 424 0.920 I 20 3155 ! I 54.4 I .. 2G 2.' 1.' 7 " " 29 2.8 1.8 16 '11079 0 28 0 0 34 0 •• 0 0 " 0 '0~149--" 0 283 • 0.0 97~ 2.1 0.0 . '.9 0.1 1629 0 0.0 401 0 I 05:30PM 441 0 0.911 04:45PM 1651 0 0.0 05:30PM '47 0 0.923 P 002 p.2 File Name : TCNW01201P Site Code : 00000001 Start Date: 01/12/2005 Page No : 1 0 28 3 71' 12:2 2 3S 2 7.' 151 0 4G • 7., '" • 41 • 142 141 • 150 14 ... '2953' ····2967 • 2:: I 53 5800 5853 •. 9 99.1 151 , ,.,1 29" 9&1 t3 '3 441 715 i 0.'63 .. 0 ,,' 0.8321 151 2 153 1 98.7 1.3 .. 0 "I 0.832 ! 'Rx Date/Time JAN-13-2D05(THU) 13:08 13604911079 Jan 13 05 12: 15p RENTON, WASHINGTON HOUSER WAY/FACTORY AVE N BRONSON WAY N LOC# 01PTCNW05006M Tra' icount 136(' '11079 TRAFFICOUNT, INC. PMB 195 4820 YElM HWY SE STE B LACEY, WA 98503 360·491·8116 P 003 p.3 Rle Name : TCNW01201P Site Code : 00000001 Start Date: 01/12/2005 Page No : 2 i-····-; ----'-HOUSERWAY ---,-' ... -.-'BRONSONWA'{-" T .... FACTORYAVEN J--. '--SRONSONWAY----I 1-,. -._··.-__ .-....... _n._rme·'I ___ .R;-r .. -.~mJ .. No." ~.-.·I ,·;;;.-.~T~jl __ R;;;,.,.··, .. __ ",~.~~~.~a~~I··"' ..•. ~.,). FromSouth.... -... .fro["Y.~~ ).----".,..;'1"' .... " 'fJ~. -L-...... vww 1 '6M~-L ~...... '''''"':~ Tbtu . .J~J2pp.TotaI .~~.!----.!l'P l.~_:._~I.:T~ .~!~.J Peak HourFIDI'II 04:00 PMtD 05;45 PM -Peak 1 Of 1 Intersed.iocI 04:.tSPfll vOllLme 43 PlIlCCnt 04:45 vorume PeakfattDr Hi&'llnt 1/01'" PClkfadl)r 100.0 19 04:45PM 19 ° 0.0 ° ° ° 0.0 ° ° :1 1. 0 .... 18 " 4 05:00PM • 1143 .... 3D' 312 f-----.-.. -.- i ° on o ° 1161 3ll 320 0.907 1555 95.5 38' 05:15PM 424 Out HUU::>~ wAy Total L_~~ .. ' L.~ I ,"1";1 , __ .1. '. [ '~=--:::QL I:QJ Righi Tnru Left <-i ! '-. .. i North f i121oS. 4;'45:06 PM-I 1121055:301>0 PM PRIMARY ~I T r Left Thru Right C I~' '.ll~~1 r.-Ol r 1~~' ne~ OUt In Total FACTORYAVEN- 48 2' , 16 26 1629 ° 1.6 0.0 , 40' ° , I 05:30PM 447 0 0..911 I '--.---- , -!i:1 ... -,0:= '51 2 '53 ".. ... , '.3 43 44 m 0.963 46 0 O.83~j 2 , , . Lanes, Volumes, Timings 3: Bronson Way & Factory Avenue Olynyk Mixed Use 4:00 pm 1117120052005 existing conditions Tim Miller TeN, Inc. 111712005 Synchro 6 Report Page 1 £ I ' , ~ Lanes, Volumes, Timings 3: Bronson Way & Factory Avenue -- and Phases: 3: Bronson .6 Olynyk Mixed Use 4:00 pm 1/17/20052005 existing conditions Tim Miller TeN, Inc. t 1/17/2005 Synchro 6 Report Page 2 • • • Lanes, Volumes, Timings 3: Bronson Way & Factory Avenue Olynyk Mixed Use 4:00 pm 1/1712005 2006 without Project Tim Miller TeN, Inc. 1/17/2005 Synchro 6 Report Page 1 , . , Lanes, Volumes, Timings 3: Bronson Way & Factory Avenue 1/17/2005 -+ +- :., .... ~ o. 0.46 0.34 0.69 0.24 Lf1.ti>DtlMltSl®(!jJilQi: ' . :: .. ;::'1); .:.z ',!,i :t::". ,j,. ';:!!.Ai,. bii:;;.'A.1,e£;;; ~ ':.;(h?' l$,,&?';'!,;; ,;;7 j;)h;a ',i Area Type: Other e~y'de'lre'ng"!tFi1»F20k1':~'~11;P0~~J' ,'_~,~":~~'!"':'$%<~~.,~~;;::~r.:~~S'!!~~~~_}' 1~' 5):', .:,t"i~:;:':\i:r'~~t-:-~:~~Z! ,', ~~::I.~.'.\i ~'. __ f I , '_1> f .... -.,. _}>. ;_", ~'"Or ","~ '~%-",>-t A,' "n" ~ f /w --5 f'" " "~.J/;ml.:\\r ,'::1 'k;.;i;\>iA~"''''\i.1\J",~ ....... .!i'~I''l.%4t,;,,;..,,1 Actuated Cycle Length: 120 ~ff~~J~(9~%)~~Qce(j!:~§1P~2~ran{F6jE:-a1t~StarJ«5f(G(eent!:'\jf)i'2~k:~" '2iJ»,;"~~;)~~i;0pW§\1~:?:T:;'~~~~~t Natural Cycle: 60 g§ntFoJ}1\y.Re:;Pm~Ettjm~d'~~:;!£:It)i,rr!8.;:),f(t~:;~~;>, !;:~1;"~k~~~ii~;;1<;":j~~~~tt~~~f~~:X;~~'liL~i:~tit~,',~ Maximum vic Ratio: 0,69 !Q~fJQ'!mi~1~8~I,ayJF619Y*~t~':'it;l1J9t'f!'~~ '\~I\j-' ft~\1m[merse'CfIqn;:G(fSlrA~~~~~~r~:1F;.f.:?Fjt~tr{5<fl\~;iuJJ~'g Intersection Capacity Utilization 50.2% ICU Level of Service A ~!Iai~P.eri~ctl'Xffiffi)};'j§~:2iillr ;~~:'r "j) ,C\\ '/;1;~(d'#i :~"/'(' :2Jo'" '~'~1' ;~~1~~~~;~11~'£':~111l;;~i?' ,,~j~,*ill¥1;"_~~J\7ifil-u;1l£fu1'\tt~\l(~:t11i~;J1jGl~1¥;9!J1i1i:'j 3: Bronson Avenue Olynyk Mixed Use 4:00 pm 1/17/20052006 without Project Tim Miller TeN, Inc. Synchro 6 Report Page 2 • • Lanes, Volumes, Timings 3: Bronson Way & Factory Avenue Olynyk Mixed Use 4:00 pm 1/17/20052006 with Project Tim Miller TeN, Inc. 1/17/2005 Synchro 6 Report Page 1 • • Lanes, Volumes, Timings 3: Bronson Way & Factory Avenue -- and Phases: 3: Bronson Avenue Olynyk Mixed Use 4:00 pm 1/17/20052006 with Project Tim Miller TeN, Inc. t 1/17/2005 Synchro 6 Report Page 2 · , ., .. Queuing and Blocking Repor, 2006 without Project Intersection: 3: Bronson Way & Factory Avenue 1/17/2005 Directions Served L T T T T TR L T R R R R Nework Summary Olynyk Mixed Use Tim Miller TeN, Inc. SimTraffic Report Page 1 · ' .... Queuing and Blocking Report 2006 with Project Intersection: 3: Bronson Way & Factory Avenue Directions Served Nework Summary Olynyk Mixed Use Tim Miller TeN, Inc. TR 1/17/2005 Sim Traffic Report Page 1 ~ ~ '":ITY OF RENTON 1055 S. Grady Way ,., DEVELOPMENT PLANNING Renton, WA 98055 CITY OF P.ENTON ' APR -42U05 Printed: 04-04-2005 RECEIVED Land Use Actions RECEIPT Permit#: LUA05-043 Payment Made: 04/04/2005 02: 17 PM Receipt Number: R0501750 Total Payment: 1,500.00 Payee: Olynco Development LLC Current Payment Made to the Following Items: Trans Account Code Description 5010 000.345.81.00.0007 Environmental Review 5020 000.345.81.00.0017 Site Plan Approval Payments made for this receipt Trans Method Description Amount Payment Check 1012 1,500.00 Account Balances Amount 500.00 1,000· .. 00 ;.1 Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIs/copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 604.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00