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I 1tit ra,71. 0 CONS RUC2;;' ' ! 3` 6SL5 N ��.r` 1 II A ' 1 • i� 1 I f I • I _ 16 /� I SL me Et l _ • _ I] > w000 oy'' I] > I6 3 .. >' •°o I 3 MERRICK IJ tt51��4 D E 1 tptm z 1 t0 c 1 1 dCn t C >,, I �t N I it c i nI IB % b 'IvJ �3 ®i ~4 3 C I ; < NS 4 1,3 C 1 ; ' < V, V,XJ al Qil i c J .. IL t6-' I W I I II \\\ 16 W Iea.MD., iseu l,.,m - I N\� , ,.:: varr-sin re..:gin 426/7:T-°,i.e o! + ' . IN 17... I i A ',n i� m I. r I!!!!�� I,6 1 Iry ��©a\��©©o\\::» I,6 1 N .iiv 'I _ .� iii 12.• t2. ,I �l 26 25 Q] 22 21 ® iti`- 6 25 43 22 2, I 1�/GIs wna c PROJECT NAME 4.0 LANDSCAPE IRRIGATION PLAN °` "'LF 0 LANDSCAPE PLANTING PLAN WE. v:v.a'•.r-0 - WE. SCALE:I•.aac RUBY TUESDAY' IRRIGATION SCHEDULE PLANT LIST RESTAURANT OWEN owDC'..� ., ..�,.. . —TEE-M Aeeax v r.Ic.-coo. .A7....w...ui p.rreu N.u', IN•DEW'I....Ely.,MI 1 i_E.�a.. ...tn.•,Taaw.w.wN...r.y �I � .:a". RENTON,WA -.EO My-Ir.rade IL, to e w 1611 cW. .gvew-w.h.my ul 14•LLER capleg waive Ia.tvlutan .w. CONTROLLER s.eAnoJdr LiAbolu _ A T a an W .In II I.M.Convenor.N.ros 0 ypw ..�.�i T.oa'.ma. AlnayATlIC N.�a0 twang o..n_w.�.e..w.y ).1...L e r n +Iaa....200 .WI.W.ono D...Witch Zone Data c II .4......g...'. •`.•rw. lot v47,60 velum. ma RA4 N .. 41, OPE E.O.4c.Ic b.v.Nr-)eA-ae-b re.) 2 y el eiYiB•'ti N••^4o .•n.t i.w - —I to..ID AO PVC aw lw En. ifFl�y ®.ucnl.cR,u41. ProF I�NaO�r� �gN.w.n]N'on. —..'C.00 rK ID.pry» �r.9.^..w )W. W can TIN)N Pc a...r sal.....•NO.na.all it • *0.Ien, p N .t.R,a. .K)'.c II OW to.tato 4w � pl.elan W�wn pp.co... P. •ra..t♦ac I: cop •v.In.n.I...r /TAKele RAN Pa+.CDROLDIOCOVEea DRAWING TITLE •• .7net n, rIt.rd W....Iw.not w.N.. \\\\\\\\\\ ..P.9 Rb .-pet,•'on-P.t.I.rgu4.wtl.. PLANNT!.NIXED W. LANDSCAPE �Ao."�Ir'�..a.r.„, a..a V ID W lo.m.•m a a w.pIon6 arcoa.g w.w Tye rl.I...g o.I.lt. DE N/ELOPMENT Two e'ewes,ebi-ww-a-.-.r< �a All.* ..w we..w e•pp.ow.con.......Y tnl.a me.. • Toro -5102-..-.-. �,I� rl I.a ....,...r....g DD.esn,n�law. ,odo.DI .. tw PLANS • Tare D.Spas-.T•J-..-•-.-.C. I-ry.... lr_ ...N.r...or I.CI,or Row, ��"�e Operational Data i� m.n..�.• 'I"" ' VI I. DRAWKa I.OIAC.RM,ATIC.Co.Pn alto..p.1.bl.. !_-i �- e" ). s.rify fine1D.paw gwlw to rwricIng th•DOW D4WpCa..c.w .ra.aT W.1..Naw .. '..rpo..alu.y to OW..q.ntlt.. mweno D 3-II-99 .. A.rP..rolu.y to conform a J...q.I....n. �..10...o.c. DRAWNHECK BY I. or gov.nl,g.g.a r. i \ .III ell ewnn CHECKED BY 11.�I1,��:I111 11 •�) It=1' amp REVISIONS 141 I;IIPII IIl1111-11- 1D-1, II--1 1.6Mie=7111 HEN/NA TIEOI..w... PIPE. w...«. -1, .i E-PLICH .LL INOER P..Ere.r..w.ee xEE.E.I.. 11T_ti= 11;N DESIGNS A .<A., MX .a® pryta49197ape oaaecnEe a TIaEES emus& Ste pcnn TYPICAL PLANTING DETAILS TD Ivm 13 street I - ,sane.rw.a ..row . m -06O0 20e-)B4604 Fa 205-189-6855 ?�►^;' SST i i-O W 0 ACT III THEATERS SCC PROPERTY HOLDINGS INC 7132 COMMERCIAL PARK DR 1201 THIRD AVE #2200 KNOXVILLE, TN 37918 SEATTLE, WA 98101 HCWA REALTY CORP c/o HOMEBASE AN BILL C+SOO K 3345 MICHELSON DRIVE 3122 LEEWARD CT NW IRVINE, CA 92715 OLYMPIA, WA 98502 R J HALLISSEY CO INC GOLDEN TREASURY L.L.C. 12835 BEL-RED ROAD #140 3122 LEEWARD CT NW BELLEVUE, WA 98005 OLYMPIA, WA 98502 GRIFFIN - SCHOEN PROPERTIES CAPTEC FINANCIAL GROUP INC 24800 PACIFIC HWY SO 24 FRANK LLOYD WRIGHT DR FLR 4 KENT, WA 98032 ANN ARBOR, MI 48106 VIROPA L.L.C. EUGENE T & PENNY R CHURCH 1200 WESTLAKE AVE N #505 3820 EAST VALLEY HWY SO SEATTLE, WA 98109 RENTON, WA 98055 PRINCIPLE MUTUAL LIFE INSURANCE YOUNKER LIMITED PARTNERSHIP 711 HIGH STREET 3900 EAST VALLEY RD #102 DES MOINES, IA 50392 RENTON, WA 98055 POWELL ORILLA L.L.C. TORGER A & RANDI STOKKA 737 MARKET STREET 4000 EAST VALLEY HWY KIRKLAND, WA 98033 RENTON, WA 98055 71111111111/111""" 77 0 to CITY OF PiL NTON ea r --c-e'< < .: ' ' . Planning/Building/Public Works " "' �� `-. ,'' —' 1055 South Grady Way - Renton Washington 98055 0 APR 2 7'$G 5 ADDRESS SERVICE REQUESTED 4, "± 14°lit •s 5 + c •. 4f61 u.I. oIHS E i e Ni, VIROPA L.L.C . "1 1200 WESTLAKE AVE N #505 SEATTLE, WA 98109 0 SUCH -� f 666/. N.- nd'a sz DDRESS m CP d TURN TO SENDER a :I) .Virtb7132-1%2BL 2.% liduhd !{ „dJ, { lmlLsi:{,.ii.►:Iddd„Id„ulld CITY OF RENTON .iL I Planning/Building/Public Works 1055 South Grady Way - Renton Washington 98055 ADDRESS SERVICE REQUESTED Mr. Michael Cabe Merrick Lentz Architect 1800 - 136th Place NE #100 Bellevue, WA 98005 „ © CITY OF RENTON Planning/Building/Public Works 1055 South Grady Way - Renton Washington 98055 ADDRESS SERVICE REQUESTED 4k, geCt Act III Theater �y ISM 7132 Commercial Park Drive Knoxville, TN 37918 t: CIT A OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 1, 1999 Mr. Michael Cabe Merrick Lentz Architect 1800— 136th Place NE#100 • Bellevue, WA 98005 SUBJECT: Ruby Tuesday Restaurant Project No. LUA-99-060,SA-A,ECF Dear Mr. Cage: This letter is to inform you that the comment and appeal periods have ended for the Environmental Review Committee's (ERC) Determination of Non-Significance - Mitigated for the above-referenced project. No appeals were filed. This decision is final and application for the appropriately required permits may proceed. The applicant must comply with all ERC Mitigation Measures and Site Plan Conditions of Approval. If you have any questions, please feel free to contact me at (425) 430-7219. For the Environmental Review Committee, Peter Rosen Project Manager cc: Act III Theater/Owners Younker Family LLC, Mr. Greg Schoen; Ms. Diane Pugh FINAL 1055 South Grady Way-Renton,Washington 98055 (u KEG RESTAURANTS LTD. #150-10760 Shellbridge Way 44 Richmond,B.C. V6X 3H1 Canada W N wS Telephone: (604)276-0242 W Fax: (604)276-0138 or 276-2681 DEVELOPMENT PLANNINGCITY OF RENTON June 17, 1999 1999 2JUN 2 CITY OF RENTON RECEIVED Development Services Division 1055 South Grady Way Renton, WA 98056 Attention: Peter Rosen Project Manager Dear Sirs: RE: THE KEG STEAKHOUSE & BAR 3750 EAST VALLEY ROAD RENTON, WASHINGTON I refer to my letter of June 3, 1999 regarding the Notice of Application and Proposed Determination of Non-Significance, Mitigated with respect to 3781 East Valley Road (the proposed Ruby Tuesday restaurant). I contacted our landlord, CAPTEC NET LEASE REALTY, INC. to inquire why they had not forwarded a copy of the Notice to us. They claim that they never received the Notice. Would you please check your records and confirm if a Notice was in fact sent to Captec. Thank you again for your assistance in this matter. Yours truly, KEG RESTAURANTS LTD. hi m U `1 Diane Pugh, R.I. (BC) Director of Real Estate DP/asg CURRENT 1 LANNING b1V1 �QN AFFIDAV{T OF.`SERVICE BY MAILING On the tell day of thuh� , 1999, I deposited in the mails of the United States, a sealed� envelope containing PoY•pe avkcl Pec.tstcrv\ documents. This information was sent to: Name Representing her r 71+el—Ccrs rvlep L Lertt. Artkrrerc11 'R1nov,d-a, 4ouvvketr , 4ouvkkey- gtt.►in‘lm LLC qre5 sl-,ce.v, Oka.vta "Piesrt vahfi (Signature of Sender) Se v%clve_ . . Se .r* STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ,:=7/ signed this instrument and acknowledged it to be his/her/their free and voluntary act for`ihe uses and purposes mentioned in the instrument. Dated: C)c.2-we I, J �►�' —�1 7a �,^ r ' Notary Public in d for the State of Was Ali on Notary (Print) ILYN KAMCHEF My appointment E ISSION EXPIRES 6/29/99 Project Name: RLV9-Tt�esa-+ Project Number: LVfs. 99 • 0(400 ,SIp4- 1Pt NOTARY.DOC REPORT City of Renton Department of Planning/Building/Public Works DECISION ENVIRONMENTAL REVIEW& ADMINISTRATIVE LAND USE ACTION REPORT DATE: June 1, 1999 Project Name: Ruby Tuesday Restaurant Applicant: Merrick Lentz Architects Owner: Act III Theaters File Number: LUA-099-060, SA-A, ECF Project Manager: Peter Rosen Project Description: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act Ill Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Road. 50 parking spaces are proposed for the restaurant. Project Location: 3751 East Valley Road Exist. Bldg. Area: 56,896 sq. ft. —Act III Theater Proposed New Bldg. Area: 4,970 sq. ft. Site Area: 35,932 sq. ft. —Ruby Tuesday Total Building Area: 61,866 sq. ft. restaurant 531,600 sq. ft. —Act Ill Theater site .gi -- lh St ` SW 27th St SW 27th St. CA R IM RC % sw 29th S5 1 lg S both St. z IH CA 'IL -- — N IL -- i -- _---- 167 34th St SW 341h St. W 341h St) IL 11IL :IH a ,/< IL > —IM-. _ `� 0sIV39tn St. \ / 4, .CA vi Project Location Map IL T SITERC.DOC =IM — 1st St. IM SW 41st t. CA City of Rer ton P/B/PW Department Administrative Site Plan Approval&Environn 31 Review Committee Staff Report RUBY TUI_SDAY RESTAURANT LUA-99-060, SA-A, ECF REPORT O=JUNE 1, 1999 Page 2 of 12 FART ONE: PROJECT DESCRIPTION/BACKGROUND Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant proposal would lease a portion (35,932 sq. ft.) of the Act III Cinema ite. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. The existing site is fully improved with paving and landscaping. Access would be from existing driveways off East Valley Road. 50 parking ;paces are proposed for the restaurant. There is another restaurant proposal located in the Act III Cinema parking area, adjacent to the subject proposal. Both proposals are being reviewed concurrently and the issue of displacing :he cinema parking will be evaluated for both restaurant proposals. The restaurant proposals will require approval of a parking modification in order to displace and utilize the cinema parking. I PART TWO: ENVIRONMENTAL REVIEW 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. A. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: The subject site is fully developed as a parking lot for the Act III Cinemas. Therefore, environmental impacts related to natural features of the site (i.e. soil/earth disturbance, water, etc.) are minimal because the site is presently improved with impervious surfaces. 1) Fire Protection Impacts The proposal would add new construction to the City which would require additional emergency services and potentially impact the City's Fire Department. A Fire Mitigation Fee applies to all new construction. The required mitigation fee is based on a rate of $0.52 per square foot of new construction. For the proposed development the fee is estimated at $2,584.40 (4,970 square feet X $0.52 = $2,584.40). The Fire Mitigation Fee is payable at the time that Building Permits are issued. Mitigation Measures The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $0.52 per square foot of new construction. This fee is estimated at $2,584.40. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. Policy Nexus Fire Mitigation Fee Resolution and adopting Ordinance, SEPA Ordinance. SITERC.DOC City of Re(ton P/B/PW Department Administrative Site Plan Approval&Environn it Review Committee Staff Report RUI3YTUI:SDAYRESTAURANT LUA-99-060, SA-A, ECF REPORT O=JUNE 1, 1999 Page 3 of12 ;) Transportation Impacts Access to the proposed restaurant would be from existing driveway cuts accessing the Act III Cinemas off East Valley Highway. The proposal would result in an increase in traffic trips and therefore would be subject to the City's Transportation Mitigation Fee. The Transportation Mitigation Fee is calculated to be $75 per each average daily trip attributable to the project. City staff estimates the number of traffic trips based upon the ITE Manual. The proposed restaurant is expected to generate 450 new average daily trips for a traffic mitigation fee of $33,750 (450 average daily trips X $75 = $33,750). The applicant has submitted a Construction Mitigation Plan which describes hauling and transportation routes to the site. The Construction Mitigation Plan states that construction would be performed between the hours of 7:00 a.m. and 7:00 p.m. In order to limit the impact of trucking activities during peak traffic periods, truck hauling hours are limited to between 8:30 a.m. and 3:30 p.m. under the Development Guidelines Ordinance. Mitigation Measures The applicant shall be required to pay a Traffic Mitigation Fee of $75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $33,750. This fee is payable prior to issuance of Building Permits. Policy Nexus: Environmental Ordinance, Transportation Mitigation Fee Ordinance B. Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINATION OF DETERMINATION OF NON-SIGNIFICANCE NON - SIGNIFICANCE - MITIGATED. X Issue DNS-M with 14 day Appeal Period. Issue DNS with 14 day Appeal Issue DNS-M with 15 day Period. Comment Period followed by a 14 day Appeal Period. C. Mitigation Measures 1. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $0.52 per square foot of new construction. This fee is estimated at $2,584.40. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. 2. The applicant shall be required to pay a Traffic Mitigation Fee of $75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $33,750. This fee is payable prior to issuance of Building Permits. SITE RC.DOC City of Renton P/B/PW Department Administrative Site Plan Approval&Environn it Review Committee Staff Report RUBY TUESDAY RESTAURANT LUA-99-060, SA-A, ECF REPORT OF JUNE 1, 1999 Page 4 of 12 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. BUILDING Follow design recommendations of soils report. FIRE 1. The fire flow required for the main building is 1500 gpm. Two fire hydrants are required. One fire hydrant is required within 150 feet of the building and one hydrant within 300 feet of the building. If any existing hydrants are used to meet these requirements they shall be retrofitted with 5 inch storz fittings. 2. Separate plans and permits are required for the installation of the kitchen hood and fire extinguishing system. 3. Fire lanes will be painted per City ordinance. Fire lanes are required to be a minimum of 20-feet wide with 25-feet inside and 45-feet outside turning radius. Fire apparatus shall be able to reach within 150- feet of all points on all buildings. 4. Parking appears to be inadequate during peak demand times, resulting in increased demand for parking enforcement to keep access open. Suggest reciprocal parking easement with neighboring Home Base store. PLAN REVIEW Water 1. Water plan is incomplete. All of the elements below should be on the conceptual utility plan. 2. Connection to water main needs to be shown. Drawing also needs to show all valves and proposed connection. 3. Size and location of domestic water meter needs to be shown on conceptual plan. 4. Irrigation meter size, location and DCVA needs to be shown on plans. 5. A blown-up view of the meter location and connection needs to be shown. 6. Two fire hydrants required to meet the 1500 gpm of required fire flow. Storm/Surface Water 1. Show vertical clearance where sewer line is crossing storm lines. 2. Storm System Development connection charges has been paid with the development of the Act III Theater. Wastewater 1. Sewer line minimum size is 6-inches. Only 4-inch is shown. 2. The drawing must call out the type of grease interceptor. 3. Identify location with additional information like "Act III Theater Parking Lot." 4. Show a sewer cleanout 5-feet out from building. 5. Sewer installation line is hard to follow and confusing. A blow-up sewer section is needed on Construction drawing between the grease interceptor and the building. 6. Show vertical clearances where lines cross. That is to be shown on the construction plans. 7. Side sewer to show a 2% slope. SITERC.DOC City of Renton P/B/PW Department Administrative Site Plan Approval&Environr al Review Committee Staff Report RUBY TUESDAY RESTAURANT LUA-99-060, SA-A, ECF REPORT OF JUNE 1, 1999 Page 5 of 12 POLICE 2.56 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most common 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 will need security lighting and any construction trailer should be completely fenced in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective thief and will demonstrate that this area is private property. Construction trailers should be kept locked when not in use, and should also have a heavy-duty deadbolt installed with no less then a 1-1/2" throw when bolted. Glass windows in the trailer should be shatter-resistant. I also recommend the business post the appropriate "No Trespassing" signs on the property while it's under construction (flier attached). This will aid police in making arrests on the property after hours if suspects are observed vandalizing or stealing building materials. COMPLETED BUILDING It's important to direct any and all foot traffic into the main front entrance that should be monitored during all hours of business. This will provide the building the control it will need to keep track of the comings and goings of all visitors. Any other exterior doors should be by coded access only to prevent trespassing of individuals who have no right to be on the property. All doors should be made of a solid core wood or metal with auxiliary locking devices with latch guards or pry-resistant cylinders around the locks. All doors should have peepholes installed to assist in easy identification of anyone outside the facility. Proper security lighting needs to be installed in the parking lots, along the walkways, and in the rear and side of the building as well. All areas for loading and unloading need to be properly lit for the safety of customers and employees. It is recommended that the building have a monitored security alarm installed, with all doors leading to the outside having the words "Alarmed Door" in red lettering, at least 6" in height placed on the outside of each door to deter any criminals from breaking in at these points of entry. Landscaping around the exterior of the building should not be too dense or high. It is important to allow visibility. Too much landscaping will give the building the look of a fortress and possibly give a burglary sufficient coverage to break into the facility, especially during the hours of darkness. PLANNING 1. Garbage and recyclable deposit areas and collection points shall be easily and safely accessible to hauling trucks. PARKS All landscaping outside of property lines is to be maintained by the owner. SITERC.DOC City of Renton P/B/PW Department Administrative Site Plan Approval&Environs 11 Review Committee Staff Report RUBY TUESDAY RESTAURANT LUA-99-060, SA-A, ECF REPORT OF JUNE 1, 1999 Page 6 of 12 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 x Site Plan Review Shoreline Substantial Development Permit Conditional Use Binding Site Plan Special Permit for Grade & Fill Administrative Code Determination B. Exhibits The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing: application, proof of posting and publication, environmental review and other documentation pertinent to this request. Exhibit No. 2: Drawing No. 1, Site Plan, Act III Theater Site, (Received April 20, 1999) Exhibit No. 3: Drawing No. 2, Site Plan, (Received April 15, 1999). Exhibit No. 4: Drawing No. 3, Landscape Plan (Received April 15, 1999). Exhibit No. 5: Drawing No. 4, Floor Plan (Received April 15, 1999). Exhibit No. 6: Drawing No. 5, Preliminary Grading, Drainage, water and Sanitary Sewer Plan (Received April 15, 1999). Exhibit No. 7: Drawing No. 6, Building Elevations (Received April 15, 1999). Exhibit No. 8: Drawing No. 7, Building Elevations (Received April 15, 1999). C. Consistency with Site Plan Criteria In reviewing the proposal with respect to the site Plan Approval Criteria set forth in Section 4-31-33(D) of the Site Plan Ordinance, the following issues have been identified by City Departmental Reviewers and Divisional Reviewers: 1. GENERAL CRITERIA: A. CONFORMANCE WITH THE COMPREHENSIVE PLAN, ITS ELEMENTS AND POLICIES; The subject site is located within the Employment Area-Valley (EAV) designation of the Comprehensive Plan. The EAV designation is intended to provide for a mix of commercial, office, and industrial uses. The proposed restaurant is within the range of uses anticipated for the designation. SITERC.DOC City of Ref ton P/B/PW Department Administrative Site Plan Approval&Environn II Review Committee Staff Report RUBY TUESDAY RESTAURANT LUA-99-060, SA-A, ECF REPORT O=JUNE 1, 1999 Page 7 of 12 The policies encourage greater efficiency in utilizing sites and encourage shared parking nd site access. Policy LU-212.6: Development should be encouraged to achieve greater E fficiency in site utilization and result in benefits to users with techniques including: . shared facilities such as parking and site access, recreation facilities and amenities; h. an improved ability to serve development with transit by centralizing transit stops; and c. an opportunity to provide support services (e.g. copy centers, coffee shop or lunch facilities, express mail services) for nearby development that otherwise might not exist. The proposed restaurant would intensify the existing development on the site and would add a building pad close to the East Valley Road street frontage which would break up the expanse of the parking lot and encourage pedestrian and transit access. The restaurant would also offer services that clearly support and complement the existing cinema. This is further supported by Policy LU-212.2 Compatible and related land uses should be encouraged to locate in proximity to one another. B. CONFORMANCE WITH EXISTING LAND USE REGULATIONS; The Act III Cinema site has split zoning. Commercial Arterial (CA) zoning is designated along the frontage of East Valley Road with the remainder of the site within the Medium Industrial (IM) zone. The restaurant proposal, on a leased portion of the Act III Cinema site, is zoned Commercial Arterial (CA). Eating and drinking establishments are allowed as a primary permitted use in the CA zone. The restaurant site plan complies with the development standards of the CA zone. The building is setback approximately 80 feet from East Valley Road. No interior or side yards are required in the CA zone. The maximum proposed building height is approximately 20 feet, meeting the CA zone height limit of 50 feet. Building coverage is less than the 65% maximum standard. The subject site is within the Green River Valley Planning area. An environmental mitigation agreement between the City and the Soil Conservation Service (SCS) requires that 2% of a site area be provided as a natural landscape area for wildlife habitat. The Act III Cinemas provided a large natural landscape area adjacent to their wetland mitigation area and stormwater facility behind the cinema building. This consolidated landscape area satisfies the natural landscape area requirements for the other, individual commercial pads developing on the Act III Cinema site. The parking area, improved for the Act III Cinemas, includes the required 5% landscaping and the proposal would add additional landscaping around the building. The site plan does not include a direct pedestrian connection from the sidewalk along East Valley Road to the restaurant entry. The applicant should revise the site plan to provide a direct pedestrian connection from the sidewalk along East Valley Road to the restaurant entry. Parking — The proposed restaurants would displace existing cinema parking, parking that is required by the code for the cinema use. Therefore, the proposed restaurants would require approval of a parking modification. To assist in evaluating a parking modification, a parking utilization study has been prepared for the application by The Transpo Group, to evaluate if the parking supply would be adequate to accommodate parking for the cinema and the proposed restaurants. There are presently 840 parking stalls in the Act III Cinema parking lot. This number of parking stalls is required by the code for the cinema use alone. The proposed restaurant SITERC.DOC City of Re,ton P/B/PW Department Administrative Site Plan Approval&Environr I Review Committee Staff Report RU$Y TUI ESDAY RESTAURANT LUA-99-060, SA-A, ECF REPORT O=JUNE 1, 1999 Page 8 of 12 Luildings would displace a total of 60 parking spaces (Ruby Tuesday would displace 22 spaces and Black Angus 38), leaving 780 parking spaces to be shared by the cinema and roposed restaurants. The restaurants would require a total of 117 parking spaces, as c etermined by the required parking ratio of 1 space per 100 square feet of gross floor area. Ruby Tuesday (4,970 sq. ft.) would require 50 parking spaces and Black Angus (6,700 sq. ft.) 67 spaces. Therefore, the proposed restaurants would displace and require a total of 177 parking spaces from the 840 space parking lot. The parking study evaluated existing parking utilization for the cinema on two consecutive weekends in February. The study increased these parking counts by 14% because =ebruary is a low ticket sale month and the increase would provide an average monthly :ondition. The study concluded that maximum peak utilization was on Saturday nights :8:00 p.m. to 10:00 p.m.) with 84% of the stalls occupied. The parking demand for the -estaurants was then estimated using the /TE Parking Generation Manual. The study estimates peak parking demand for both restaurants at 130 stalls on a weekend. To account for internalization of trips (shared trips) between the restaurants and cinema, the peak hour demand was reduced by 20% on weekdays and 30% on weekends. The study then adds the parking demand by the restaurants to the future projected parking demand for the Act III Cinemas. The future projected parking demand assumes a 20% reduction in patronage at the Act III cinemas due to construction of a new cinema complex in Tukwila. The study concludes that future parking utilization with the proposed restaurants would peak at 89% on Saturday evenings. Friday evenings would result in 63% to 67% utilization. Capacity is considered to be between 85% and 90%, at this level people may try to find other convenient and available locations for parking. Staff has several problems with assumptions used in the parking study. First, a 14% increase was added to the February parking counts to estimate an "average monthly" condition. We believe it is more appropriate to analyze peak time periods. The future projected parking utilization for the cinema reduces patronage by 20% because of a new cinema planned in Tukwila. Staff strongly disputes the use of this assumption. Lastly, staff does not concur with the reduction used for shared trips. Together these assumptions greatly reduce the parking demand that could result with the addition of the two restaurants. The parking study did not consider the 733 parking spaces in the adjacent Home Base parking lot. According to parking code requirements, Home Base requires between 416 and 520 parking spaces. Thus, there are approximately 213 to 317 parking spaces beyond the code requirements that would be available in the Home Base parking lot. In addition, many peak periods of parking demand for Home Base would differ from peak use periods for the cinema and the restaurants. The adjacent Home Base parking area is located close and convenient enough to the cinema and restaurants that it is reasonable for overflow parking needs during peak periods. Staff recommends a condition that the applicant obtain a reciprocal parking easement to allow for cinema and restaurant parking on the Home Base property. The applicant may also look for other nearby sites for additional parking. The code allows for off-site parking provided that it is located within 750 feet of the intended use. The applicant would need to provide a total of 177 parking spaces to replace the 60 spaces displaced by the buildings and the 117 required for the restaurant uses. Alternatively, the cinemas may reduce the number of seats to reduce their number of required parking spaces. SITE 2C.DOC City of Re, ton P/B/PW Department Administrative Site Plan Approval&Environr 31 Review Committee Staff Report RUBY TU, SDAY RESTAURANT LUA-99-060, SA-A, ECF REPORT O-JUNE 1, 1999 Page 9 of 12 C. MITIGATION OF IMPACTS TO SURROUNDING PROPERTIES AND USES; —he restaurant proposal is not likely to result in adverse impacts to surrounding properties car uses. The services of the proposed restaurant would complement the existing cinema use on the site. The main potential impact of the restaurant would be overflow parking impacts on adjacent properties during peak periods. The parking utilization study evaluates this issue and concludes that demand would reach capacity only during limited ime periods. Staff has recommended a condition that the applicant obtain a reciprocal )arking easement with the adjacent Home Base. This would eliminate impacts of parking overflow onto other surrounding properties. The operation of the restaurant would not mpact surrounding uses. D. MITIGATION OF IMPACTS OF THE PROPOSED SITE PLAN TO THE SITE; The subject site is presently developed as a parking lot for the Act Ill Cinemas. Therefore, the proposed restaurant would not impact natural features of the site. The restaurant would result in a net decrease of impervious surfaces on the site. According to the drainage study submitted by the applicant, the existing stormwater facility for the Act Ill Cinemas was designed for water quality and detention for the entire site, inclusive of the proposed restaurant area, and additional detention/water quality would not be required. Construction activities related to the proposed development would be required to utilize best management practices which would reduce potential construction impacts on the site. The construction and operation of the proposed restaurant is not anticipated to adversely impact the subject site. E. CONSERVATION OF AREA-WIDE PROPERTY VALUES; The proposed restaurant is anticipated to increase property values in the vicinity of the site. F. SAFETY AND EFFICIENCY OF VEHICLE AND PEDESTRIAN CIRCULATION; Access to the proposed restaurant would be from existing driveway cuts accessing the Act Ill Cinemas off East Valley Highway. Road improvements and channelization of East Valley Highway was completed with development of the Act Ill Cinemas and additional traffic from the proposed restaurant is not expected to impact traffic capacity or operations. G. PROVISION OF ADEQUATE LIGHT AND AIR; The proposed restaurant building is sufficiently setback from property boundaries and existing buildings to allow for adequate light and air circulation to the building. H. MITIGATION OF NOISE, ODORS AND OTHER HARMFUL OR UNHEALTHY CONDITIONS; The operation of the proposed restaurant is not expected to create any harmful or unhealthy conditions. Noise, dust, and odors which may result from construction of the project would be mitigated through measures described in the Construction Mitigation Plan and with best management practices. SITE DOC City of Renton P/B/PW Department Administrative Site Plan Approval&Environr 11 Review Committee Staff Report RUBY TUESDAY RESTAURANT LUA-99-060, SA-A, ECF REPORT CF JUNE 1, 1999 Page 10 of 12 AVAILABILITY OF PUBLIC SERVICES AND FACILITIES TO ACCOMMODATE THE PROPOSED USE;AND --he project site is presently improved with adequate utilities to serve the proposed estaurant. The applicant will be responsible for extension of the utilities to the restaurant building. See the Advisory Notes section of this report for detailed information concerning utilities and public services. J. PREVENTION OF NEIGHBORHOOD DETERIORATION AND BLIGHT. The restaurant would complement the existing cinema and add activity and people to the site and immediate vicinity. This would likely assist in the prevention of neighborhood deterioration and blight. X 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 Environmental Review and Site Plan Approval for development of the Ruby Tuesday Restaurant. 2) Environmental Review: The applicant's file containing the application, State Environmental Policy Act (SEPA) documentation, the comments from various City departments, the public notices requesting citizen comment, and other pertinent documents was entered as Exhibit No. 1. 3) 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 8. 4) Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of Employment Area Valley (EAV). 5) Zoning: The site plan as presented complies with the zoning requirements and development standards of the Commercial Arterial (CA) Zoning designation. 6) Existing Land Use: Land uses surrounding the subject site include: North: Commercial, Home Base; East: East Valley Highway, Commercial; South: Commercial; and West: Act Ill Cinemas. SITE2C.DOC City of Re, ton P/B/PW Department Administrative Site Plan Approval&Environr al Review Committee Staff Report RUBY TU,=SDAY RESTAURANT LUA-99-060, SA-A, ECF REPORT 0=JUNE 1, 1999 Page 11 of 12 E. Conclusions ' ) The subject proposal complies with the policies and codes of the City of Renton, except for required parking standards. The site plan decision requires the applicant to obtain and record a parking easement to allow for cinema and restaurant parking on another site. ?) The proposal complies with the Comprehensive Plan designation of Employment Area - Valley (EAV); and the Zoning designation of Commercial Arterial (CA). 3) Specific Land Use (e.g. Site Plan Approval) issues were raised by various City departments. These issues are addressed in the body of this report. F. Decision The Site Plan for Ruby Tuesday Restaurant, File No. LUA-99-060, SA-A, ECF, is approved subject to the following conditions. 1. The applicant shall revise the site plan to provide a direct pedestrian connection from the sidewalk along East Valley Road to the restaurant entry. The revised plan shall be subject to the approval of the Development Services Division, prior to issuance of building permits. 2. The applicant/property owner shall obtain and record a parking easement to allow for cinema and restaurant parking on another site. The parking easement shall provide for the total number of parking spaces displaced by the restaurant buildings (60) and for the number of parking spaces as required for the restaurant use (based on a ratio of 1 parking space per 100 square feet of gross floor area, as defined in the code). The applicant is encouraged to pursue a reciprocal parking agreement with the adjacent Home Base property. Other properties may be approved provided it can meet the standards for off-site parking or joint use parking, Sections 4-4-80E.2. and 3. of the City of Renton Development Regulations. A parking agreement shall be subject to the review and approval of the Development Services Division prior to recording. The parking easement shall be recorded prior to issuance of building permits. EFFECTIVE DATE OF DECISION ON LAND USE ACTION: 6 ( ( /1- vl SIGNATURES: ( i .7.- 1;004 tii- ti4-9r Jana at/:sin, Zoning Administrator date SITE RC.DOC City of Renton P/B/PW Department Administrative Site Plan Approval&Environr 3l Review Committee Staff Report , RUBY TUESDAY RESTAURANT LUA-99-060, SA-A,ECF REPORT OF JUNE 1, 1999 Page 12 of 12 TRANSMITTED this 15th day of June, 1999 to the applicant and owner: Act III Theaters 7132 Commercial Park Drive Knoxville, TN. 37918 Merrick L9ntz Architect 1800 136 Place NE#100 Bellevue, WA. 98005 TRANSMITTED this 15th day of June, 1999 to the following parties of record: Rhonda Younker Younker Family LLC 1416 102n Ave. NE Bellevue, WA. 98004 Greg Shoen 24800 Pacific Highway S Kent, WA. 98032 Diane Pugh Director of Real Estate Keg Restaurant, Ltd. #150— 10760 Shellbridge Way Richmond, B.C. V6X3Hl Canada TRANSMITTED this 15th day of June, 1999 to the following: Larry Meckling, Building Official C. Duffy, Fire Prevention Neil Watts, Public Works Division 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 29, 1999 (14 days from the effective date of decision). 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 4-8-11 B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)-430-6510. SITERC.DOC (/ KEG RESTAURANTS LTD. #150-10760 Shellbridge Way 44 Richmond,B.C. V6X 3HI bk Canada H DEVELOPMENT PLANNING Telephone: CITY OF RENTON T4 (604)276-0242 JUN 0 8 1999 1•1 '6'3 (604)276-0138 or 276-2681 RECEIVED June 3, 1999 CITY OF RENTON Development Services Division 1055 South Grady Way Renton, WA 98056 Attention: Peter Rosen Project Manager Dear Sirs: RE: 3781 EAST VALLEY ROAD RUBY TUESDAY RESTAURANT This is further to our telephone conversation on June 2, 1999 with respect to the proposed Ruby Tuesday and Black Angus Restaurants located on East Valley Road in the Act III Theatre parking lot. We do not believe there will be adequate parking once the restaurants open. While the most likely alternative for overflow parking at peak times will be the Home Base lot, we are concerned that some patrons will also use THE KEG STEAKHOUSE & BAR'S parking lot. We see this happening now. On that basis, we object to the proposed developments unless additional off-site parking is obtained. As discussed, our landlord did not provide us with a copy of the Notice of Application. We unfortunately learned of the proposal from the adjoining owner after the deadline for submissions had passed. It is understood that this letter will result in Keg becoming a party of record and that we will be notified of any decision on this project. Thank you for your assistance in this matter. Yours truly, KEG RESTAURANTS LTD. I01/4h-k-Tv Diane Pugh, R.I. (BC Director of Real Estate DP/asg d'`,word diane.corr`.renton.drx CITY OF RENTON CURRENT;PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING; On the 34- day of &UM. , 1999, I deposited in the mails of the United States, a sealed envelope containing evt. dete.vmtvtaftclAS documents. This information was sent to: Name Representing Department of Ecology Don Hurter WSDOT KC Wastewater Treatment Division Larry Fisher Washington Department of Fisheries David F. Dietzman Department of Natural Resources Shirley Lukhang Seattle Public Utilities Duwamish Indian Tribe Rod Malcom Muckleshoot Indian Tribe Joe Jainga Puget Sound Energy (Signature of Sender) SOWWi e_ k• l�- STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Se=s-r\JNA signed this instrument and acknowledged it to be his/her/their free and voluntary act for th uses and purposes mentioned in the instrument. Dated: ( /yI Notary Public irTand for the State of W shi MARILYN KAMCr Notary (Print) i29/99 My appointment hies:— CN EXPIRES G Project Name: R� — u.esd.a,y Rect a u.vos0 Project Number: LuP1/4• qq -0l00, SP - ° %ECG' NOTARY.DOC 11 CITY C ' RENTON ..LLB Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 3, 19f'9 Washingtc n State Department of Ecology Environmental Review Section PO Box 4''703 Olympia, 'NA 98504-7703 Subject: Environmental Determinations Transmitt;d herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on June 1, 1999: CETERMINATION OF NON-SIGNIFICANCE-MITIGATED RUBY TUESDAY RESTAURANT LUA-99-060,SA-A,ECF Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Road. 50 parking spaces are proposed for the restaurant. Location: 3751 East Valley Road. Appeals of the environmental determination must be filed in writing on or before 5:00 PM June 21, 1999. 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 B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, 1425)-430-6510. If you have questions, please call me at (425) 430-7219. For the Environmental Review Committee, Tejlj„\, Peter Rosen Project Manager cc: King County Wastewater Treatment Division- Larry Fisher, Department of Fisheries David F. Dietzman, Department of Natural Resources Don Hurter, Department of Transportation Shirley Lukhang, Seattle Public Utilities Duwamish Tribal Office Rod Malcom, Fisheries, Muckleshoot Indian Tribe (Ordinance) Joe Jainga, Puget Sound Energy AGNCYLTR\ 1055 South Grady Way - Renton, Washington 98055 alt This oaner contains 50%recycled material.20%post consumer CITY Or• RENTON Planning/Building/Public Works Department Jesse Manner,Mayor Gregg Zimmerman P.E.,Administrator June 3, 1999 Mr. Michael Cabe Merrick Lenz Architect 1800— 136u Place NE#100 Bellevue, WA 98005 SUBJECT: Ruby Tuesday Restaurant Project No. LUA-99-060,SA-A,ECF Dear Mr. Cage: This letter i:; 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, on June 1, 1999, issued a threshold Determination of Non- Significance-Mitigated (DNS-M) with Mitigation Measures. See the enclosed Mitigation Measures document. Appeals of the environmental determination must be filed in writing on or before 5:00 PM June 21, 1999. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grad Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425;-430-6510. The site pla for this proposal has not been approved. Building permits may not be issued until the proposal receives site plan am royal. The precedi tg information will assist you in planning for implementation of your project and enable you to exercise your appeal right::. more fully, if you choose to do so. If you have any questions or desire clarification of the above, please call me at (425) 430-7219. For the Environmental Review Committee, f).-0.=›{.„ Peter Rosen Project Man,:iger cc: Act III Theater/Owners Youi iker Family LLC/Party of Record Enclosure DNSMLTR 1055 South Grady Way-Renton, Washington 98055 CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-99-060,SA-A,ECF APPLICANT: Merrick Lentz Architects PROJECT NAME: Ruby Tuesday Restaurant DE::>CRIPTION OF PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the exiting parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driv sway off East Valley Road. 50 parking spaces are proposed for the restaurant. LOCATION OF PROPOSAL: 3751 East Valley Road MITIGATION MEASURES: 1. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of$0.52 per square foot of new construction. This fee is estimated at $2,584.40. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. 2. The applicant shall be required to pay a Traffic Mitigation Fee of$75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $33,750. This fee is payable prior to issuance of Building Permits. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-99-060,SA-A,ECF APPLICANT: Merrick Lentz Architects PROJECT NAME: Ruby Tuesday Restaurant DI:SCRIPTION OF PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the e>isting parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain acequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Road. 50 parking spaces are proposed for the restaurant. LC;/CATION OF PROPOSAL: 3751 East Valley Road Al ivisory Notes to Applicant: Tire 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. BUILDING Fc Ilow design recommendations of soils report. FIRE 1. The fire flow required for the main building is 1500 gpm. Two fire hydrants are required. One fire hydrant is required within 150 feet of the building and one hydrant within 300 feet of the building. If any existing hydrants are used to meet these requirements they shall be retrofitted with 5 inch storz fittings. 2. Separate plans and permits are required for the installation of the kitchen hood and fire extinguishing system. 3. Fire lanes will be painted per City ordinance. Fire lanes are required to be a minimum of 20-feet wide with 25-feet inside and 45-feet outside turning radius. Fire apparatus shall be able to reach within 150-feet of all points on all buildings. _ 4. Parking appears to be inadequate during peak demand times, resulting in increased demand for parking enforcement to keep access open. Suggest reciprocal parking easement with neighboring Home Base store. RI'by Tuesday Restaurant U1A-99-060,SA-A,ECF Advisory Notes (continued) Pdge 2 of 3 PLAN REVIEW W ater 1. Water plan is incomplete. All of the elements below should be on the conceptual utility plan. 2. Connection to water main needs to be shown. Drawing also needs to show all valves and proposed connection. 3. Size and location of domestic water meter needs to be shown on conceptual plan. 4. Irrigation meter size, location and DCVA needs to be shown on plans. 5. A blown-up view of the meter location and connection needs to be shown. 6. Two fire hydrants required to meet the 1500 gpm of required fire flow. St:ym/Surface Water 1. Show vertical clearance where sewer line is crossing storm lines. 2. Storm System Development connection charges has been paid with the development of the Act III Theater. Wastewater 1. Sewer line minimum size is 6-inches. Only 4-inch is shown. 2. The drawing must call out the type of grease interceptor. 3. Identify location with additional information like "Act III Theater Parking Lot." 4. Show a sewer cleanout 5-feet out from building. 5. Sewer installation line is hard to follow and confusing. A blow-up sewer section is needed on Construction drawing between the grease interceptor and the building. 6. Show vertical clearances where lines cross. That is to be shown on the construction plans. 7. Side sewer to show a 2% slope. PC:1LICE 2.56 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most common 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 will need security lighting and any construction trailer should be completely fenced in with potable chain-link fencing. The fence will provide both a physical and psychological barrier to any perspective thief and will demonstrate that this area is private property. Construction trailers should be kept locked when not in use, and should also have a heavy-duty deadbolt installed with no less then a 1-1/2"throw when bolted. Glass windows in the trailer should be shatter-resistant. I also recommend the business post the appropriate "No Trespassing" signs on the property while it's under construction (flier attached). This will aid police in making arrests on the property after hours if su: pects are observed vandalizing or stealing building materials. R,rby Tuesday Restaurant LUA-99-060,SA-A,ECF Advisory Notes (continued) Page3of3 COMPLETED BUILDING It'.; important to direct any and all foot traffic into the main front entrance that should be monitored during all hours of business. This will provide the building the control it will need to keep track of the cc mings and goings of all visitors. Any other exterior doors should be by coded access only to prevent trf spassing of individuals who have no right to be on the property. All doors should be made of a solid cc re wood or metal with auxiliary locking devices with latch guards or pry-resistant cylinders around the lo.:ks. All doors should have peepholes installed to assist in easy identification of anyone outside the fa„ility. Proper security lighting needs to be installed in the parking lots, along the walkways, and in the rear ar d side of the building as well. All areas for loading and unloading need to be properly lit for the safety of customers and employees. It s recommended that the building have a monitored security alarm installed, with all doors leading to thl:) outside having the words "Alarmed Door" in red lettering, at least 6" in height placed on the outside of each door to deter any criminals from breaking in at these points of entry. Landscaping around the exterior of the building should not be too dense or high. It is important to allow vi: ibility. Too much landscaping will give the building the look of a fortress and possibly give a bL rglary sufficient coverage to break into the facility, especially during the hours of darkness. PLANNING Garbage and recyclable deposit areas and collection points shall be easily and safely accessible to h2uling trucks. PARKS Al landscaping outside of property lines is to be maintained by the owner NOT10E . ENVIRONMENTAL DETERMINATION POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: RUBY TUESDAY RESTAURANT PROJECT NUMBER: LUA.99-060,SA•A,ECF Proposal to construd a 4,970 s.f.restaurant with lounge In the existing paddng lot of the Ad III Cinemas.The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parting supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Road.50 parking spaces are proposed for the restaurant.Location:3751 East Valley Road. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed In writing on or before 5:00 PM June 21, 1999. 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 95055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-0-11B. Additional Information regarding the appeal process may be obtained from the Renton City Clerk's Office,(425).430-6510.The Site Plan for this proposal has not been approved as yet. -- •W•viiW In•In y 3 IH IH IL r LA lh 27th Se nu St. R 71:M. —1- lie a'•IL1 CA --j42 3/lh St 51 I IL I I R J Iiti 71 A l jIL 3 u :::—�—IN.—' (TOT hS. • IL \ i IN IN_ lilt a sa ast u•atlsrtatr•vi }�'� e^:� -- 30 Ts7R MI w-�ia FOR FURTHER INFORMATION, PLEASE SE CONTACT ON AT(45 THECITY OF RENTON,DEVELOPMENT SERVIDO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION IPlease Include the project NUMBER when calling for proper file Identification. I CERTIFICATION I, . iGA 6-1 Okt,-1 , herebcertify that .3 copies of the above document were posted by me in 3 conspicuous places on or nearby the described property on duNe 4- I c'I°'i . � Signed: I L � ATTEST: Subcnbed and sworn before me, a Nortary Public, in 1'for a State of _. Washington residing in 'AQ 61.-2,, ,on the FA. day of / _ 5 . °----271,02e-V,-' ?i-e. ,--)-? aisr--- MARILYN KAMCHFFF COMMISSION EXPIRES 6/29/99 • CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA-99-060,SA-A,ECF APPLICANT: Merrick Lentz Architects PROJECT NAME: Ruby Tuesday Restaurant DESCRIPTION OF PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the I,ct III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant Access would be from an existing driveway off East Valley Road. 50 parking spaces are proposed for the restaurant LOCATION OF PROPOSAL: 3751 East Valley Road LEAD AGENCY: 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 43.21 C.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 either the environmental determination [RCW 43.21.0075(3), WAC 197-11-680] and/or the land use decision must be filed in writing on or before 5:00 PM June 21, 1999 (14 days from the date of publication). If no appeals are filed by this date, both actions 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 4-8-11B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)-430-6510. PUBLICATION DATE: June 7, 1999 DATE OF DECISION: June 1, 1999 SIGNATURES: a A:---\-' Gregg immerman, Administrator DATE Department of Planning/Building/Public Works I. \ Cil k �� he hherd, dmipistrator L DA 1 RE p Community Services (I( /f `�Lee Wheeler, Fire filet , / 74"k D T Renton Fire Departmen, dnsmsig CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-99-060,SA-A,ECF AF PLICANT: Merrick Lentz Architects PROJECT NAME: Ruby Tuesday Restaurant DESCRIPTION OF PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Road. 50 parking spaces are proposed for the restaurant. LOCATION OF PROPOSAL: 3751 East Valley Road MITIGATION MEASURES: 1. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of$0.52 per square foot of new construction. This fee is estimated at $2,584.40. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. 2 The applicant shall be required to pay a Traffic Mitigation Fee of$75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $33,750. This fee is payable prior to issuance of Building Permits. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES A PPLICATION NO(S): LUA-99-060,SA-A,ECF PPLICANT: Merrick Lentz Architects PROJECT NAME: Ruby Tuesday Restaurant DESCRIPTION OF PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Road. 50 parking spaces are proposed for the restaurant. LOCATION OF PROPOSAL: 3751 East Valley Road 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. BUILDING Follow design recommendations of soils report. FIRE . The fire flow required for the main building is 1500 gpm. Two fire hydrants are required. One fire hydrant is required within 150 feet of the building and one hydrant within 300 feet of the building. If any existing hydrants are used to meet these requirements they shall be retrofitted with 5 inch storz fittings. Separate plans and permits are required for the installation of the kitchen hood and fire extinguishing system. Fire lanes will be painted per City ordinance. Fire lanes are required to be a minimum of 20-feet wide with 25-feet inside and 45-feet outside turning radius. Fire apparatus shall be able to reach within 150-feet of all points on all buildings. 4. Parking appears to be inadequate during peak demand times, resulting in increased demand for parking enforcement to keep access open. Suggest reciprocal parking easement with neighboring Home Base store. Ruby Tuesday Restaurant 1 UA-99-060,SA-A,ECF /advisory Notes (continued) F'age 2 of 3 FLAN REVIEW Water 7. Water plan is incomplete. All of the elements below should be on the conceptual utility plan. 2. Connection to water main needs to be shown. Drawing also needs to show all valves and proposed connection. 3. Size and location of domestic water meter needs to be shown on conceptual plan. 4. Irrigation meter size, location and DCVA needs to be shown on plans. 5. A blown-up view of the meter location and connection needs to be shown. 6. Two fire hydrants required to meet the 1500 gpm of required fire flow. Storm/Surface Water 1. Show vertical clearance where sewer line is crossing storm lines. 2. Storm System Development connection charges has been paid with the development of the Act III Theater. Wastewater 1. Sewer line minimum size is 6-inches. Only 4-inch is shown. 2. The drawing must call out the type of grease interceptor. 3. Identify location with additional information like "Act III Theater Parking Lot." 4. Show a sewer cleanout 5-feet out from building. 5. Sewer installation line is hard to follow and confusing. A blow-up sewer section is needed on Construction drawing between the grease interceptor and the building. 1'3. Show vertical clearances where lines cross. That is to be shown on the construction plans. T. Side sewer to show a 2% slope. POLICE 2.56 Police Calls for Service Estimated Annually CONSTRUCTION PHASE [heft from construction sites is one of the most common 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. [he site will need security lighting and any construction trailer should be completely fenced in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective thief and will demonstrate that this area is private property. Construction trailers should be kept locked when not in use, and should also have a heavy-duty deadbolt installed with no less then a 1-1/2"throw when bolted. Glass windows in the trailer should be shatter-resistant. I also recommend the business post the appropriate "No Trespassing" signs on the property while it's under construction (flier attached). This will aid police in making arrests on the property after hours if suspects are observed vandalizing or stealing building materials. r Ruby Tuesday Restaurant LUA.99-060,SA-A,ECF Advisory Notes (continued) Page 3 of 3 1;OMPLETED BUILDING is important to direct any and all foot traffic into the main front entrance that should be monitored 'luring all hours of business. This will provide the building the control it will need to keep track of the 1::omings and goings of all visitors. Any other exterior doors should be by coded access only to prevent trespassing of individuals who have no right to be on the property. All doors should be made of a solid core wood or metal with auxiliary locking devices with latch guards or pry-resistant cylinders around the locks. All doors should have peepholes installed to assist in easy identification of anyone outside the facility. Proper security lighting needs to be installed in the parking lots, along the walkways, and in the rear and side of the building as well. All areas for loading and unloading need to be properly lit for the safety of customers and employees. It is recommended that the building have a monitored security alarm installed, with all doors leading to the outside having the words "Alarmed Door" in red lettering, at least 6" in height placed on the outside of each door to deter any criminals from breaking in at these points of entry. Landscaping around the exterior of the building should not be too dense or high. It is important to allow visibility. Too much landscaping will give the building the look of a fortress and possibly give a burglary sufficient coverage to break into the facility, especially during the hours of darkness. PLANNING Garbage and recyclable deposit areas and collection points shall be easily and safely accessible to hauling trucks. DARKS 'MI landscaping outside of property lines is to be maintained by the owner AFFIDAVIT OF PUBLICATION Charlotte Ann Kassens first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL 600 S. Washington Avenue, Kent, Washington 98032 NOTICE OF ENVIRONMENTAL DETERMINATION a daily newspaper published seven (7) times a week. Said newspaper is a legal ENVIRONMENTAL REVIEW COMMITTEE newspaper of general publication and is now and has been for more than six months RENTON,WASHINGTON prior to the date of publication, referred to, printed and published in the English language Thehas Environmentalsued a Review Committee of(ERC) issued Determination of Non- continually as a daily newspaper in Kent, King County, Washington. The South County Significance - Mitigated for the following Journal has been approved as a legal newspaper by order of the Superior Court of the project under the authority of the Renton Municipal Code. State of Washington for King County. RUBY TUESDAY RESTAURANT The notice in the exact form attached, was published in the South County LUA-99-060,SA-A,ECF Journal (and not in supplemental form) which was regularly distributed to the subscribers loropotceo parking ino lot of the Act II during the below stated period. The annexed notice, a Cinemas. Location:3751 E.Valley Rd. Appeals of the environmental determina- tion must be filed in writing on or before Ruby Tuesday Restaurant 5:00 PM June 21, 1999. Appeals must be filed in writing together with the required as published on: 6/7/99 $75.0Examinner, City aof Renton, 1055 Southtion fee with: h Grady Way, Renton, WA 98055. Appeals The full amount of the fee charged for said foregoing publication is the sum of$34.50, to the Examiner are governed by City of Renton Municipal Code Section 4-8-11B. charged to Acct. No. 8051067. Additional information regarding the appeal process may be obtained from the Renton Legal Number 6186 / '1: ' / City Clerk's Office,(425)-430-6510. Published in the South County Journal June 7, 1999.6186 Lega •C erk, Sou County Journal Subscribed and sworn before me on this l p ' day of ,t..1./ , 19 q? (ei ( --t.i.51-4.-- om ._ -----q-- ff..s. of O. '( ,�;, Notary Public of the State of Washington z.7:44rc• �OTA�gy to= residing in Renton —o— • = King County, Washington .-0 e puQL1Gtt O%O•• O=a`e` ' 9 . .? 2. '1 o`ii J • 6 • . NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON 1 he Environmental Review Committee (ERC) has issued a Determination of Non-Significance - l\litigated for the following project under the authority of the Renton Municipal Code. RUBY TUESDAY RESTAURANT LUA-99-060,SA-A,ECF Proposal to construct a restaurant with lounge in the parking lot of the Act II Cinemas. Location: 3751 E. Valley Rd. Appeals of the environmental determination must be filed in writing on or before 5:00 PM June 21, 1999. 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 c;overned by City of Renton Municipal Code Section 4-8-11B. Additional information regarding the ippeal process may be obtained from the Renton City Clerk's Office, (425)-430-6510. Publication Date: June 7, 1999 Account No. 51067 REPORT City of Renton Department of Planning/Building/Public Works DECISION ENVIRONMENTAL REVIEW& ADMINISTRATIVE LAND USE ACTION REPORT DATE: June 1, 1999 Proect Name: Ruby Tuesday Restaurant Apt licant: Merrick Lentz Architects Owr er:: Act III Theaters File Number: LUA-099-060, SA-A, ECF Project Manager: Peter Rosen Pro iect Description: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act Ill Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Road. 50 parking spaces are proposed for the restaurant. Project Location: 3751 East Valley Road Exist. Bldg. Area: 56,896 sq. ft. —Act III Theater Proposed New Bldg. Area: 4,970 sq. ft. Sit1?Area: 35,932 sq. ft. —Ruby Tuesday Total Building Area: 61,866 sq. ft. restaurant 531,600 sq. ft. —Act III Theater site 03.19 T13N US W 1/2 SW 23rd St IH IH s IL In St CA SW 27th St� SW 271h St. IIML RC SW 29lh S5 . g Sri oth St. z C: _ T IH _ CA S !IL --IL---- - IL _o 34th St SW 341h St. W 34th Sli I I IL 1 jL ) 1IH / 6. 4 ' i IL r --IM- -I _ �SWv39th St. / CA r IL t. Proj.;ct Location Map �ist st. IN , , IS 4lst t.CA SITERCDOC e City of Renton P/B/PW Department rinistrative Site Plan Approval&Environment view Committee Staff Report RUBY rUESDAY RESTAURANT LUA-99-060, SA-A, ECF REPOR r OF JUNE 1, 1999 Page 2 of 12 FART ONE: PROJECT DESCRIPTION/BACKGROUND Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant proposal would lease a portion (35,932 sq. ft.) of the Act III Cinema site. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. The existing site is fully improved with paving and landscaping. Access would be from existing driveways off East Valley Road. 50 parking spaces are proposed for the restaurant. There is another restaurant proposal located in the Act III Cinema parking area, adjacent to the subject proposal. Both proposals are being reviewed concurrently and the issue of displacing the cinema parking will be evaluated for both restaurant proposals. The restaurant proposals will require approval of a parking modification in order to displace and utilize the cinema parking. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: The subject site is fully developed as a parking lot for the Act III Cinemas. Therefore, environmental impacts related to natural features of the site (i.e. soil/earth disturbance, water, etc.) are minimal because the site is presently improved with impervious surfaces. 1� Fire Protection Impacts The proposal would add new construction to the City which would require additional emergency services and potentially impact the City's Fire Department. A Fire Mitigation Fee applies to all new construction. The required mitigation fee is based on a rate of $0.52 per square foot of new construction. For the proposed development the fee is estimated at $2,584.40 (4,970 square feet X $0.52 = $2,584.40). The Fire Mitigation Fee is payable at the time that Building Permits are issued. Mitigation Measures The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $0.52 per square foot of new construction. This fee is estimated at $2,584.40. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. Policy Nexus Fire Mitigation Fee Resolution and adopting Ordinance, SEPA Ordinance. SITERJ.DOC City of Renton P/B/PW Department rinistrative Site Plan Approval&Environment view Committee Staff Report RUBY TUESDAYRESTAURANT LUA-99-060, SA-A, ECF REPOR r OF JUNE 1, 1999 Page 3 of 12 2) Transportation Impacts Access to the proposed restaurant would be from existing driveway cuts accessing the Act III Cinemas off East Valley Highway. The proposal would result in an increase in traffic trips and therefore would be subject to the City's Transportation Mitigation Fee. The Transportation Mitigation Fee is calculated to be $75 per each average daily trip attributable to the project. City staff estimates the number of traffic trips based upon the ITE Manual. The proposed restaurant is expected to generate 450 new average daily trips for a traffic mitigation fee of $33,750 (450 average daily trips X $75 = $33,750). The applicant has submitted a Construction Mitigation Plan which describes hauling and transportation routes to the site. The Construction Mitigation Plan states that construction would be performed between the hours of 7:00 a.m. and 7:00 p.m. In order to limit the impact of trucking activities during peak traffic periods, truck hauling hours are limited to between 8:30 a.m. and 3:30 p.m. under the Development Guidelines Ordinance. Mitigation Measures The applicant shall be required to pay a Traffic Mitigation Fee of $75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $33,750. This fee is payable prior to issuance of Building Permits. Policy Nexus: Environmental Ordinance, Transportation Mitigation Fee Ordinance B. Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINATION OF DETERMINATION OF NON-SIGNIFICANCE NON - SIGNIFICANCE - MITIGATED. X Issue DNS-M with 14 day Appeal Period. Issue DNS with 14 day Appeal Issue DNS-M with 15 day Period. Comment Period followed by a 14 day Appeal Period. C. Mitigation Measures 1. The applicant shall pay the appropriate Fire Mitigation Fee at a rate of $0.52 per square foot of new construction. This fee is estimated at $2,584.40. The Fire Mitigation Fee is payable prior to the issuance of Building Permits. 2. The applicant shall be required to pay a Traffic Mitigation Fee of $75 for each average daily trip associated with the project. The Traffic Mitigation Fee is estimated at $33,750. This fee is payable prior to issuance of Building Permits. SITE 2C.DOC City of Renton P/B/PW Department linistrafive Site Plan Approval&Environment view Committee Staff Report RUBY TUESDAY RESTAURANT LUA-99-060, SA-A, ECF REPOFT OF JUNE 1, 1999 Page 4 of 12 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 .,7ot subject to the appeal process for environmental determinations. BUILDING Follow design recommendations of soils report. FIRE 1. The fire flow required for the main building is 1500 gpm. Two fire hydrants are required. One fire hydrant is required within 150 feet of the building and one hydrant within 300 feet of the building. If any existing hydrants are used to meet these requirements they shall be retrofitted with 5 inch storz fittings. 2. Separate plans and permits are required for the installation of the kitchen hood and fire extinguishing system. 3. Fire lanes will be painted per City ordinance. Fire lanes are required to be a minimum of 20-feet wide with 25-feet inside and 45-feet outside turning radius. Fire apparatus shall be able to reach within 150- feet of all points on all buildings. PLAN REVIEW Wai er 1. Water plan is incomplete. All of the elements below should be on the conceptual utility plan. 2. Connection to water main needs to be shown. Drawing also needs to show all valves and proposed connection. 3. Size and location of domestic water meter needs to be shown on conceptual plan. 4. Irrigation meter size, location and DCVA needs to be shown on plans. 5. A blown-up view of the meter location and connection needs to be shown. 6. Two fire hydrants required to meet the 1500 gpm of required fire flow. Storm/Surface Water 1. Show vertical clearance where sewer line is crossing storm lines. 2. Storm System Development connection charges has been paid with the development of the Act III Theater. Wa stewater 1. Sewer line minimum size is 6-inches. Only 4-inch is shown. 2. The drawing must call out the type of grease interceptor. 3. Identify location with additional information like "Act III Theater Parking Lot." 4. Show a sewer cleanout 5-feet out from building. 5. Sewer installation line is hard to follow and confusing. A blow-up sewer section is needed on Construction drawing between the grease interceptor and the building. 6. Show vertical clearances where lines cross. That is to be shown on the construction plans. 7. Side sewer to show a 2% slope. POLICE 2.56 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most common 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 will need security lighting and any construction trailer should be completely fenced in with portable chain-link SITE RC.DOC City of Renton P/B/PW Department inistrative Site Plan Approval&Environment view Committee Staff Report RUBY TUESDAYRESTAURANT LUA-99-060, SA-A, ECF REPORT'OF JUNE 1, 1999 Page 5 of 12 fenci lg. The fence will provide both a physical and psychological barrier to any prospective thief and will demonstrate that this area is private property. Construction trailers should be kept locked when not in use, and :;hould also have a heavy-duty deadbolt installed with no less then a 1-1/2" throw when bolted. Glass windhws in the trailer should be shatter-resistant. I also recommend the business post the appropriate "No Trespassing" signs on the property while it's under construction (flier attached). This will aid police in making arrests on the property after hours if suspects are obse ved vandalizing or stealing building materials. COI PLETED BUILDING It's important to direct any and all foot traffic into the main front entrance that should be monitored during all hours of business. This will provide the building the control it will need to keep track of the comings and goings of all visitors. Any other exterior doors should be by coded access only to prevent trespassing of indN iduals who have no right to be on the property. All doors should be made of a solid core wood or metal with auxiliary locking devices with latch guards or pry-resistant cylinders around the locks. All doors should have peepholes installed to assist in easy identification of anyone outside the facility. Prof er security lighting needs to be installed in the parking lots, along the walkways, and in the rear and side of th a building as well. All areas for loading and unloading need to be properly lit for the safety of customers and employees. It is recommended that the building have a monitored security alarm installed, with all doors leading to the outside having the words "Alarmed Door" in red lettering, at least 6" in height placed on the outside of each dooi to deter any criminals from breaking in at these points of entry. Landscaping around the exterior of the building should not be too dense or high. It is important to allow visibility. Too much landscaping will give the building the look of a fortress and possibly give a burglary suff cient coverage to break into the facility, especially during the hours of darkness. PLANNING 1. Garbage and recyclable deposit areas and collection points shall be easily and safely accessible to hauling trucks. PAF?KS All landscaping outside of property lines is to be maintained by the owner. SITE RC.DOC CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: JUNE 1, 1999 TO: PETER ROSEN FROM: NEIL WATTS SUBJECT: PARKING MODIFICATION REQUEST BLACK ANGUS & RUBY TUESDAY RESTAURANTS I have reviewed the parking study prepared for the above listed projects by Transpo dated April 12, 1999. I do not agree with the approach or methods used in the study. I recommend denial of the parking modification for these projects reducing the required parking spaces for these new projects, unless formal approval is obtained from Home Base for use of their parking lot for overflow parking. The report fails to discuss the parking generation rates from the ITE Parking Generation Manual. This use is covered by ITE, with a listed average parking rate of 0.26 parking spaces per seat. This is almost identical to Renton's requirement of 1 parking space for every four seats. The study was conducted in February, which is a low month for ticket sales. The counts were increased by 14% to adjust to "average monthly conditions". The relevant condition for determining parking need is the peak condition, not average condition. The adjusted average conditions indicate that current usage is 84% on weekends. This level of usage indicates a likelihood that some of the theater customers are parking in the adjacent Home Base parking lot. This is increasingly likely during peak conditions. There are no current agreements between the property owners for such a parking arrangement. The study fails to discuss this overflow condition and impacts on the neighboring property's parking lot. The study also assumes that patronage of the theater will drop by 20% due to the addition of another theater complex in Tukwila. This assumption cannot be used in this analysis. Other market conditions are also changing which might increase the patronage to the theater. There is considerable new residential growth along Talbot Road near the site, as well as continued residential growth throughout the area. Will this increase the patronage to the theater? I believe that an assumption of a parking demand reduction due to future market condition changes is not appropriate for this analysis. I also have trouble accepting the use of a 30% reduction for "internalization" of parking demand. First, the 30% figure seems high, and there is no supporting data given to justify this figure. Second, the parking demand is still an issue, even if the same vehicles and passengers attend a movie and then dine at one of the restaurants. The space is not available for use by people MAY 27, 1999 PAGE 2 attending the next movie. The issue becomes how many people are parking in the lot during peak periods attending a movie, preparing to attend the next showing, and dining at one of the restaurants. This peak parking demand as a function of overlapping uses does not seem to be properly addressed in this study. A review of the parking demand for this site indicates that the current site is fully utilized under current average conditions, and possibly results in overflow parking on adjacent properties. The proposal is to remove 60 parking spaces, and increase the parking demand by 130 to 180 spaces for the new restaurant uses. Approval of this request would most likely result in increased usage of neighboring parking lots, without formal approval from those property owners. I recommend that the modification not be approved as requested. DEVELOPMENT SERVICES CITY OF RENTON MAY 2 4 1999 May 20, 1999 RECEIVED Peter Rosen City of Renton -Development Services Division 1055 South Grady Way Renton, WA 98055 Re: Ruby Tuesday Restaurant Dear Mr. Rosen: As the owner of an office building at 3900 East Valley Highway, I strongly oppose the construction of a 4970' Ruby Tuesday Restaurant in the existing Act III Cinemas parking lot. Many times during the afternoons and evenings on weekends, the majority of the parking spaces are filled. Should additional demand be placed on the existing spaces, the prospective patrons of the cinema and a restaurant will look to adjacent parking lots, such as mine. My property was not intended for, nor do I want it used by patrons of neighboring businesses. Also, fifty parking spaces for a restaurant such as Ruby Tuesday seems quite insufficient. The nearby Keg restaurant must utilize offsite parking for its employees, in order to insure enough parking for its customers. When my office building was built, the city required I supply adequate parking for my tenants and their clients. I would expect that same standard to be applicable to all developers in this area. Please advise me of further action on this proposal. Regards, Rhonda Younker YOUNKER FAMILY L.L.C. 1416 102nd Avenue NE Bellevue, WA 98004 • Washington State Northwest Region Om Department of Transportation 15700 Dayton Avenue North Sid Morrison P.O. Box 330310 Seattle,WA 98133-9710 Secretary of Transportation (206)440-4000 DEVELOPMENT PLANNING May 4, 1999 CITY OF RENTON City of Renton MAY U 1999 Development Services Division RECEIVED ATTN: Peter Rosen 1055 S Grady Way Renton, WA 98055-3232 RE: Land Use No. LUA-99-0060, SA-A, ECF Ruby Tuesday Restaurant Dear Peter: Thank you for giving us the opportunity to review the Notice of Application for the Ruby Tuesday Restaurant,which is located at 3751 East Valley Road. Please rescind our letter dated April 30, 1999, which was sent in error. The State recommends that a traffic study be prepared to analyze the state intersections that are impacted by ten or more of the project's generated peak hour trips and also determine what mitigation measures, if any, would be required. If you have any questions,please contact Don Hurter or John Collins of my Developer Services section. Don's number is (206)440-4911; John's is (206)440-4915. Sincerely, `o02. Robert A. Josephson, P.E. Manager of Planning& Local Coordination RAF:jc JTC cc: file Washington State Northwest Region Department of Transportation 15700 Dayton Avenue North Sid Morrison P.O. Box 330310 Seattle,WA 98133-9710 Secretary of Transportation (206)440-4000 April 30, 1999 v z O �%City of Renton O�4' Development Services Division /'41 U 4 4' qvN, ATTN: Peter Rosen �4 1,9 '' 4,0 1055 S Grady Way C • ' 9? Renton, WA 98055 RE: Land Use No. LUA-99-0060, SA-A, ECF Ruby Tuesday Restaurant Dear Mr. Rosen: Thank you for giving us the opportunity to review the Notice of Application for the Ruby Tuesday Restaurant,which is located at 3751 East Valley Road. We have reviewed the subject document and have no comments. The project will not have significant impact on the state highway system. If you have any questions,please contact Don Hurter or John Collins of my Developer Services section. Don's number is (206)440-4911; John's is (206)440-4915. Sincerely, F-432 Robert A. Josephson, P.E. Manager of Planning & Local Coordination RAF:jc JTC cc: file • City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ?I'8V1 RcUICU) a COMMENTS DUE: 5/7/99 APPLICATION NO: LUA-99-060,SA-A,ECF DATE CIRCULATED: 4/23/99 APPLICANT: Merrick Lentz Architect PROJECT MANAGER: Peter Rosen C' PROJECT TI fLE: Ruby Tuesday Restaurant _ WORK ORDER NO: 78526 LOCATION: E Valley Hwy @ Act III Theater QF SITE AREA: 35,932 s.f. BUILDING AREA(gross): 4,970 s.f. �� lj,5'. SUMMARY C F PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lo(lythe Act ff'MCa Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization st4tjy to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Highway. 50 parking spaces are proposed for the restaurant. A. ENVIRONMENTAL IMPACT(e.g. 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 Housing Air Aesthetics Water % Light/Glare Plants Recreation Land/Shoreline Ise Utilities Animals Transportation Environmental health Public Services Energy/ Historic./Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet V t_v r e t.-.6 B. POLICY RELATED COMMENTS C. CODE-R ELATED COMMENTS We have reviewid this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where add,onal information is needed to properly assess this proposal. < / 'z-C_ Sp) // 7 Signature of Director or Authorized Representativg Date DEVAPP Rev.10/93 4110 RUBY TUESDAY RESTAURANT 4100 BLK OF EAST VALLEY RD. Environment Review Development Services May 6, 1999 WATER: 1. Water plan incomplete. Connection to water main needs to be shown. Drawing also needs to show all valves and proposed connection. 2. Size and location of Domestic Water meter needs to be shown on conceptual plan. 3. Irrigation meter size, location and DCVA needs to be shown on plans. 4. A blown up view of the meter location and connection needs to be shown. 5. Two fire hydrants required to meet the 1500 gpm of required fire flow. All the above should be on the conceptual utility plan. 99cm04 1W 99CM041W.DOC\ M City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET rrtxJ 11k; REVIEWING DEPARTMENT: mire PreOevchow\ COMMENTS DUE: 5/7/99 nr ^ "" APPLICATION NO: LUA-99-060,SA-A,ECF DATE CIRCULATED: 4/23/99 APPLICANT: Merrick Lentz Architect PROJECT MANAGER: Peter Rosen PROJECT TITLE: Ruby Tuesday Restaurant _WORK ORDER NO: 78526 LOCATION: E Valley Hwy @ Act III Theater SITE AREA: 35,932 s.f. BUILDING AREA(gross): 4,970 s.f. SUMMARY C F PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing drive.vay off East Valley Highway. 50 parking spaces are proposed for the restaurant. A. ENVIRONMENTAL IMPACT(e.g. 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 Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental,wealth Public Services Energy/ Historic/Cultural Natural Resour:es Preservation Airport Environment 10,000 Feet 14,000 Feet PO (a CA,V-C, � ,��- p „,k B. POLICY-RELATED COMMENTS N d-41`e C. CODE RELATED COMMENTS C,J O( � S /q/ / 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 additot al information is needed to properly assess this proposal. Signature of C'rector or Authorized Representative Date DEVAPP Rev.10/93 • r“ CITY OF RENTON c.*c. o� FIRE PREVENTION BUREAU MEMORANDUM �NrO DATE: May 5, 1999 TO: Peter Rosen, Senior Planner FROM: Corey Thomas, Plans Review Inspector SUBJECT: Code-Related Comments for Ruby Tuesday Restaurant 1. The fire flow required for the main building is 1,500 gpm. Two fire hydrants are required. One fire hydrant is required within 150-feet of the proposed structure and one fire hydrant is required within 300-feet of the structure. If any existing hydrants are used to meet these requirements they shall be retrofitted with 5- inch storz fittings. 2. The fire mitigation fees are applicable at the rate of $0.52 per square foot of building: 4,970 square feet x $0.52 = $2,584.40. This fee is payable at the time of building permit issuance. 3. Separate plans and permits are required for the installation of the kitchen hood fire extinguishing system. 4. Fire lanes will be painted per city ordinance. Fire lanes are required to be a minimum 20-feet wide with 25-feet inside and 45-feet outside turning radius. Fire apparatus shall be able to reach within 150-feet of all points on all buildings. 5. Parking appears to be inadequate during peak demand times, resulting in increased demand for parking enforcement to keep access open. Suggest reciprocal parking easement with neighboring Homebase store. CT:ct ruby / , 110 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:�CVD�.VIS��OVla►'t CRC COMMENTS DUE: 5/7/99 APPLICATIO'J NO: LUA-99-060,SA-A,ECF DATE CIRCULATED: 4/23/99 1/ELUPh�Eti 1 SERVICES CITY OFRENTON APPLICANT: Merrick Lentz Architect PROJECT MANAGER: Peter Rosen PROJECT TI TLE: Ruby Tuesday Restaurant WORK ORDER NO: 78526 APR 2 ^ 1999 LOCATION: E Valley Hwy @ Act III Theater RECEIVED SITE AREA: 35,932 s.f. 1 BUILDING AREA(gross): 4,970 s.f. SUMMARY OF PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Highway. 50 parking spaces are proposed for the restaurant. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of ti,r Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Hlstodc/Cultural Natural Reso,'ces Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS 7-1 '/- z/ n lee 33 756, krSPo r�a� io -5/67 e- G2 C h f-T'c y C4 /C c�/1//a Lr- We have renewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additonal information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date DEVAPP Rev.10/93 fill fb. •y�Y O • AP � T t' JP:61f3 TT.I\ -4 . N FEE Project Name kt "j I t eSiIQv QUV4 1-1 Project Address 37 5 / Sus l (), l/ry Contact Person AA c hat l Cube /LIc v v ►cr L..cc,iz Arcdi. Address SOO 136'h Pl A)E /Do Bz llrvie 601 ggoos Phone Number ' 25 - 747- 3/77 • Permit Number 1-()it\ -clq — 060 Project Description LI ?70 < • f. qtr«1 ifL1 v.rs j Oilawt Land Use Type: Method of Calculation: ❑ Residential 0 ITE Trip Generation Manual ®' Retail ,❑ Traffic Study ❑ Non-retail 0 Other Calculation: Pcv clieLlt /is/ - 450 ;, v dad( /vrPs i 75 F.,1 "try • 4 ) C 7O ) = ' 33 750 Transportation Mitigation Fee: ) 75� Calculated by: ' \/ (VZ Date: 5/3/9(% Account Number: - • 0• Date of Payment Oil ��l r City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:5�{G juictcewrr COMMENTS DUE: 5 /99dFl/ELOPt��Erd��=.�VIC€S APPLICATION NO: LUA-99-060,SA-A,ECF DATE CIRCULATED: 4/23/99 CITY OF RF.vTpN APPLICANT: Merrick Lentz Architect PROJECT MANAGER: Peter Rosen APR 2 7 1999 PROJECT TITLE: Ruby Tuesday Restaurant WORK ORDER NO: 78526 LOCATION: E Valley Hwy @ Act III Theater RECEIVED SITE AREA: 35,932 s.f. BUILDING AREA(gross): 4,970 s.f. SUMMARY C>F PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Highway. 50 parking spaces are proposed for the restaurant. A. ENVIRI)NMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of th:' Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmenta'Health Public Services Energy/ Historic./Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLI: Y-RELATED COMMENTS C. COL E-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 additiona informedpn is needed to properly assess this proposal. . Signature of Director or Authorized Representative Date , , DEVAPP Rev 10/93 S. RUBY TUESDAY RESTAURANT 4100 BLK OF EAST VALLEY RD. Environmental Review Development Services May 6, 1999 SEWER: 1 Sewer line minimum size is 6-inches. 2. The drawing must call out the type of Grease Interceptor. 3. Identify location with additional information like"Act III Theaters Parking Lot". 4. Show a sewer cleanout 5-feet out from building. 5. Sewer installation line are hard to follow and are confusing. A blow up sewer section is needed on Construction between the Grease Interceptor and the building. 6. Sewer line minimum size is 6-inches. Only 4"inch shown. 7. Show vertical clearances where lines cross. That is to be shown on the construction plans. 9. Side sewer to show a 2%slope. STORM DRAINAGE: 1. Show vertical clearance where sewer line is crossing storm lines. 2. Storm System Development Connection charges has been paid with the Development of Act III. Theater site. C:99cm04 1 sd 99CM041S.DOC\ City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: emsAv kcham SeNice/3 COMMENTS DUE: 5/7/99 D�ECpp N APPLICATICN NO: LUA-99-060,SA-A,ECF DATE CIRCULATED: 4/23/99 CIryOFRETjir0'ICFS APPLICANT: Merrick Lentz Architect PROJECT MANAGER: Peter Rosen APR 2 1999 PROJECT T TLE: Ruby Tuesday Restaurant WORK ORDER NO: 78526 �►/�EC / LOCATION: E Valley Hwy©Act III Theater ! 1t) SITE AREA: 35,932 s.f. 1 BUILDING AREA(gross): 4,970 s.f. SUMMARY OF PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Highway. 50 parking spaces are proposed for the restaurant. A. ENVIF'ONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environmem Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreli,)e Use Utilities Animals Transportation Environment it Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL ICY-RELATED COMMENTS C. CODE-RELATED COMMENTS S - KV- PEs /6 0 KE-C !tii iyN44)11-7-tct•_fs F iU-E L' So(c_ST- We have -eviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. / Signature of Director or Authorized Representative Date DEVAPP Rev.10/93 City of Renton Department of Planning/Building/Public Works EkVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 12OltGG. COMMENTS DUE: 5R/99 APPLICATION NO: LUA-99-060,SA-A,ECF DATE CIRCULATED: 4/23/99 APPLICANT: Merrick Lentz Architect PROJECT MANAGER: Peter Rosen PROJECT TITLE: Ruby Tuesday Restaurant WORK ORDER NO: 78526 LOCATION: E Valley Hwy @ Act III Theater SITE AREA: 35,932 s.f. I BUILDING AREA(gross): 4,970 s.f. SUMMARY OF PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Highway. 50 parking spaces are proposed for the restaurant. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of tt e Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL,CY-RELATED COMMENTS C. Ca:)E-RELATED COMMENTS We have 'eviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to property assess this proposal. Signature of Director or Authorized Representative Date DEVAPP Rev.10/93 1 lirl Trespass __di., 4...t- .A....t.,:cm,.---; i: USINES Enforcement WATCH • Quite often, business owners and managers are faced with crimes that occur on the property after the businesses are closed and the employees have gone home. Some of the crimes that occur are burglary, vandalism, graffiti, trespassing, drug dealing and robbery in the parking lots. There is a way for police and business owners to discourage these types of crimes from taking place on private property, and that is by enforcing the City of Renton's Municipal Trespass Code 6-18-10. In order for police to be able to make an arrest for Trespass, business owners or managers need to purchase signs and display them in conspicuous areas on the property. These signs need to include the following language: 1. Indicate that the subject property is privately owned and; 2. Uninvited presence on the specified property is not permitted during the hours the business is closed, and; 3. Violators will be subject to criminal sanctions pursuant to Renton City Code 6-18-10. MOST LMPORTANTLY-THE SIGNS SHOULD BE CONSPICUOUS FROM ALL POSSIBLE POINTS OF ENTRY TO THE PROPERTY, AND ALSO BE PLACED ON THE EXTERIOR OF THE BUILDINGS. This way when a suspect is arrested, he/she will not be able to claim as a defense that he/she did not know he or she was trespassing. EXAMPLES FOR TRESPASS SIGNS: NO TRESPASSING NO TRESPASSING This is private property. Persons without specific No Trespassing after business hours business are not authorized to be on the premises between (insert specific times). Anyone on the the hours of(insert the hours your business is closed). premises after business hours is subject to Violators are subject to arrest and/or citation for criminal arrest and/or citation for Criminal Trespass pursuant to Renton City Code #6-18-10.. Trespass and/or impoundment of vehicle. Per Renton City Code #6-18-10. By enforcing the Trespass Ordinance, business owners and police will be sending a message to criminals that they are not allowed to conduct criminal activity on the property. In making arrests for Trespass, police may be preventing the more serious crimes from taking place. <CV J:(ffR COURTESY OF RENTON POLICE DEPARTMENT r CRIME PREVENTION UNIT -� 235- 2571 PROJECT LUA-99-060, SA-A, ECF Ruby Tuesday Restaurant City of Renton Department of Planning/Building/ Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET (Continuation) POLICE RELATED COMMENTS 2.56 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most common 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 will need security lighting and any construction trailer should be completely fenced in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective thief and will demonstrate that this area is private property. Construction trailers should be kept locked when not in use, and should also have a heavy-duty deadbolt installed with no less then a 1-1/2" throw when bolted. Glass windows in the trailer should be shatter-resistant. I also recommend the business post the appropriate"No Trespassing" signs on the property while it's under construction(flier attached). This will aid police in making arrests on the property after hours if suspects are observed vandalizing or stealing building materials. COMPLETED BUILDING It's important to direct any and all foot traffic into the main front entrance that should be monitored during all hours of business. This will provide the building the control it will need to keep track of the comings and goings of all visitors. Any other exterior doors should be by coded access only to prevent trespassing of individuals who have no right to be on the property. All doors should be made of a solid core wood or metal with auxiliary locking devices with latch guards or pry-resistant cylinders around the locks. All doors should have peepholes installed to assist in easy identification of anyone outside the facility. Proper security lighting needs to be installed in the parking lots, along the walkways, and in the rear and side of the building as well. All areas for loading and unloading need to be properly lit for the safety of customers and employees. It is recommended that the building have a monitored security alarm installed,with all doors leading to the outside having the words "Alarmed Door"in red lettering, at least 6" in height placed on the outside of each door to deter any criminals from breaking in at these points of entry. Page 1 of 2 • PROJECT LUA-99-060, SA-A, ECF Ruby Tuesday Restaurant City of Renton Department of Planning/Building/ Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET (Continuation) Landscaping around the exterior of the building should not be too dense or high. It is important to allow visibility. Too much landscaping will give the building the look of a fortress and possibly give a burglary sufficient coverage to break into the facility, especially during the hours of darkness. Page 2 of 2 City of Renton Department of Planning/Building/Public Works ENVIF' ONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: .(otAID lc Doelje eM!COMMENTS DUE: 5/7/99 APPLICATIC)N NO: LUA-99-060,SA-A,ECF DATE CIRCULATED: 4/23/99 APPLICANT Merrick Lentz Architect PROJECT MANAGER: Peter Rosen PROJECT TITLE: Ruby Tuesday Restaurant WORK ORDER NO: 78526 LOCATION: E Valley Hwy @ Act III Theater SITE AREA: 35,932 s.f. I BUILDING AREA(gross): 4,970 s.f. SUMMARY OF PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Highway. 50 parking spaces are proposed for the restaurant. APR 2 ! 499L 1 A. ENVIPONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of tie Probable Probable More Element of the Probable Probable More Environmen' Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Ught/Gtare Plants Recreation Land/Shoreliie Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS No j oL-tcy 15sug'- 51TLs' 1S O 1c,tv Urne/...0 Y 1"-LensT Pr1 6 s - TH E come i- 'Istvcr 67IAA, A$(0 ZoNgo Gi-I - \A,/f+.026- TJ1 C) TNL PI 0 c:E r l= - 1 T 0o t53 N 7 PrPPLs - To 0-711-7-cH .9-55E3sorz'S 2cX_or I S t . A AJ&i2-J Nur-1+acp' ? rfl�-Sz �1c pLitivivin C. CODE-RELATED COMMENTS We reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where dltional inform'a?lomis,oeeded to properly assess this proposal. Signature irector or A orized epresentative Date DEVAPP Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: P&Y1c 1 COMMENTS DUE: 5/7/99 APPLICATION NO: LUA-99-060,SA-A,ECF DATE CIRCULATED: 4/23/99 APPLICANT: Merrick Lentz Architect PROJECT MANAGER: Peter Rosen PROJECT TITLE: Ruby Tuesday Restaurant WORK ORDER NO: 78526 LOCATION: E Valley Hwy @ Act III Theater SITE AREA: 35,932 s.f. 1 BUILDING AREA(gross": 4,970 s.f. SUMMARY OF PROPOSAL: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act III Cinemas. Tie restaurant would displace existing cinema parking and the application includes a parking utilization study to analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Access would be from an existing driveway off East Valley Highway. 50 parking spaces are proposed for the restaurant. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of tt e Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmenhil Health Public Services Energy/ Historic/Cultural Natural Restumes Preservation Airport Environment 10,000 Feet 14,000 Feet 46/r4-, 79_ O&q_ B. ICY-RELATED COMMENTS Re/a,-7, 1/7"-) a,-"r2d, ,X7Gi.-7/r7 .24g,(2 76, 7r2a_ ta9;V/-7' C. CO,:3E-RELATED COMMENTS a/(-2/ if6 We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to prop rty assess this proposal. Signature of Director or Authorized Representative Date DEVAPP Rev.10/93 CITY OF RENTON DEVELOPMENT SERVICES DIVISION LIST OF SURROUNDING PROPERTY OWNERS within 300 feet of the subject site PROJECT NAME: APPLICATION NO: LUA • 99 •O(00, S 14 _ r4 , C/r The following is a list of property owners within 300 feet of the subject site. The Development Services Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL �31 MA NUMBER =�u. C��c� V4 Ll."C. S T Sr 12 93(va SCc_ f9gxif i-b W i Zo t 3:0 Ave, "2-203 30 2305 c A-Ttr,NI, #eC_cv i►fvcU . WA c153 M t vACr- tt l r'L "feS•?- 7 i 3 z dxnrnct;GiaA f?A P= g4°Pfis F • • qPR oN c4y4c. 3315 Dom- �� , 13 1,999 /�, "H>✓. ;a l iw, CA 9 2-1 i5 /1/ �x Zg3� 3 L 0 i� 'lip & rFt ND e., .i�c eetidzi-Lt3.5. -' `tom- t{c,ai kt% Y, :4 g5?o3 Z- i,2004 LL.L. i zap wcsrL/f 4Jt '155 rrtz, t2A QPI61 Ore ixisu►-a►Dcz 0e5 inoioc4, iA �fl3�L BILL C `zni. ,mid 3 -2 t s't.)/O cr LO tJ W4 q�r L?x,KrN i - l L.L.L 3 i 2 L (talc/, -1) r C2 P i,c1C. At J "Atg, M i y�ion (Attach additional sheets, if necessary) (Continued) NAME ADDRESS ASSESSOR'S PARCEL NUMBER is 3�zv�E �Gfe 4-1Y85. I x�:vim- f49ST mutt( 41� -{ t�r�Jc -�r� rvto,t t ei 9;1)55 � —A 1- P�>J P( ' � � �jfaK tOtotag-, c4 `i10 Applicant Certification I, Au.gla. 17, eli 1 L , hereby certify that the above list(s) of adjacent property (Print Name) owners and their addresses were obtained from: ❑ City of Renton Technical Services Records ❑ Title Company Records - King Co rsty Assessors Records Signed Date (- jt )41 1`} A licant) NOTARY ATTESTED: 'ubscr•b and sworn before me, a Notary Public, in a for the to of Washington residing at on the /Ar day of 'L�� , 19��•, Signe • Lt . (Notary Public) ""`*For City of Renton Use""" CERTIFICATION OF MAILING I, ` Iro, ir, hereby certify that notices of the proposed application were mailed to (City Employee) each listed property owner on Apt" Z i`1`i a Signed V L ,_ Date: ' rr 21 non NOTARY ATTEST: Subscribed and sworn before me, a Notary Public, in and for the State of Washington residing at ,2,--u'�A.. on the /J day of ``—a-- Signed listprop.doc MARIL KAMCH EF'' REV 07/98 COMMISSION EXPIRES 6/29/99 Development Regulations I Used For Project Mitigation: The pn be subject to the City's Environmental Ordinance,Zoning Code regulations,Public Works Standard's, Uniform Building Code,Uniform Fire &,��Y Code,etc. These adopted codes and standards will function to mitigate project �e{1 impacts. ♦ 1 ,A 1 Proposed Mitigation Measures: r�N,1QS 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. NOTICE OF APPLICATION 1.Traffic Mitigation Fee-$75.00 per new average daily trip attributed to the proposal. AND PROPOSED DETERMINATION OF 2.Fire Mitigation Fee-80.52 per square foot of new construction. NON—SIGNIFICANCE, MITIGATED(DNS—M) Comments on the above application must be submitted in writing to Mr.Peter Rosen, Project Manager, Development Services Division,1055 South Grady Way,Renton,WA 98055,by 5:00 PM on May 17,1999. If you have questions about this proposal,or wish to be made a party of record and receive additional notification by mail,contact Mr.Rosen at(425)430-7219. Anyone who submits written comments will DATE: April 26,t99s automatically become a party of record and will be notified of any decision on this project. LAND USE NUMBER: LUA-99-060,SA-A,ECF CONTACT PERSON: MR.PETER ROSEN (425)430-7219 APPLICATION NAME: Ruby Tuesday Restaurant IPLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION PROJECT DESCRIPTION: Proposal to construct a 4.970 s.t restaurant with lounge in the existing parking lot of the Act III Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilizationnalyze bet the from anraexistining g driveway off East V would remain alley adequate y R ad. `50 paging s existing paces cinema ace proposed for the restaurant. PROJECT LOCATION: 3751 East Valley Road OPTIONAL DETERMINATION OF NON—SIGNIFICANCE—MITIGATED(DNS-M):As the Lead Agency,the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore,as permitted under the RCW 43.21C.110,the City of Renton is using the Optional GNS(M)process to give I I zua notice that a DNS-M is likely to be issued.Comment periods for the project and the proposed DNS-M are Integrated Into __ a single comment period.There will be no comment period following the issuance of the Threshold Determination of Non-Significance Mitigated(DNS-M).A 14 day appeal period will follow the issuance of the DNS-M. II e B PERMIT APPLICATION DATE: April It,1999 Ili. IH IL ' NOTICE OF COMPLETE APPLICATION: April 28,1999 d Us CA R. Sf h h 05 2nh Sl. APPLICANT: Merrick Lentz Architects 2 OWNER: Act III Theater I IM F- —__ PERMITS/REVIEW REQUESTED: SEPA Environmental Review,Site Plan Approval • RC ss 2stk sb I _ OTHER PERMITS WHICH MAY BE REQUIRED: Construction ction and Building Permits sA, a St -- _ I —1 Y..- oi REQUESTED STUDIES: Parking Utilization Study.Drainage Report,Geotechnical Report - _III _ CA IL i -__ LOCATION WHERE APPUCATION MAY L - BE REVIEWED: Planning/Building/Public Works Division,Development Services Department, ---_ 1055 South Grady Way,Renton,WA 98055 7/th St Se t/lh SI a]nh SI• PUBLIC HEARING: Not required.Administrative review only. IL 0 � w %'IH ) - CONSISTENCY OVERVIEW: /' 1-7 Analytical process f ij/�/IL i - '-i Project sensieency refers to whether a project C consistent with ado)(g)ped and the ithelNodtice of Application(IROA)or in �/ __ their absence,compehensive pia policies.RCW 38?08.110(2)(p)provides -IM -- _ Include a statement of the preliminary determination of a projects consistency with the type of land use.level of I�svjetn St W -A r development,infrastructure,and character of development if one has been made at the time of notice.Al a minimum. IL every NOA shall include a determination of the project's consistency with the zoning,comprehensive plan and - development regulations. cI _ IM sIie fin ,—CA li n•n rim en Ti car �J, y Land Use: Subject site is located in the Commercial Arterial(CA)zone.Restaurants are ! -.s sp T2aN asE vi 13 allowed as a primary permitted use in the CA zone.The proposal complies with the development standards of the CA zone. Environmental Documents that Evaluate the Proposed Project: Environmental Checklist. NOTICE CERTIFICATION I, )Ecs&((A c Er o c.A , hereby certify that copies of the above document were posted by me in 3 conspicuous places on or nearby the described property on D-p04 L✓ Z k Ci c CI Signed: __" ATTEST: Subcribed and sworn before me, a Nortary Public\:z in or the State of Washington residing in ¢? a -s'k , on the 1 ZL/ day of ' '- /54 -----..)71/1 0.___c+ i,. .._ ,ez.,-,....e.../64.--0—__ MARILYN KAMCHEFF COIviMICSICN DC:I: .-". ...:109 4; O'e JERA NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS-M) DATE: April 26,1999 LAND USE NUMEIER: LUA-99-060,SA-A,ECF APPLICATION NAME: Ruby Tuesday Restaurant PROJECT DESCRIPTION: Proposal to construct a 4,970 s.f. restaurant with lounge in the existing parking lot of the Act Ill Cinemas. The restaurant would displace existing cinema parking and the application includes a parking utilization study tJ analyze if the parking supply would remain adequate to serve the existing cinema and proposed restaurant. Acce::s would be from an existing driveway off East Valley Road. 50 parking spaces are proposed for the restaurant. PROJECT LOCP TION: 3751 East Valley Road OPTIONAL DETERMINATION OF NON-SIGNIFICANCE-MITIGATED(DNS-M): As the Lead Agency,the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore,as pei mitted under the RCW 43.21C.110,the City of Renton is using the Optional DNS(M)process to give notice that a DNS-M is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single commer t period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance Mitigated(DNS-M). A 14 day appeal period will follow the issuance of the DNS-M. PERMIT APPLICATION DATE: April 15, 1999 NOTICE OF COMPLETE APPLICATION: April 26, 1999 APPLICANT: Merrick Lentz Architects OWNER: Act Ill Theater PERMITS/REVIEW REQUESTED: SEPA Environmental Review,Site Plan Approval OTHER PERMITS WHICH MAY BE REQUIRED: , Construction and Building Permits REQUESTED STUDIES: Parking Utilization Study,Drainage Report,Geotechnical Report LOCATION WhERE APPLICATION MAY BE REVIEWEE: Planning/Building/Public Works Division,Development Services Department, 1055 South Grady Way,Renton,WA 98055 PUBLIC HEAF ING: Not required. Administrative review only. CONSISTENCY OVERVIEW: Analytical process Project consistency refers to whether a project is consistent with adopted and applicable development regulations,or in their absence, comprehensive plan policies. RCW 36.70B.110(2)(g)provides that the Notice of Application(NOA) include a statement of the preliminary determination of a project's consistency with the type of land use, level of development, nfrastructure,and character of development if one has been made at the time of notice. At a minimum, every NOA shill include a determination of the project's consistency with the zoning,comprehensive plan and development i egulations. Land Use: Subject site is located in the Commercial Arterial(CA)zone. Restaurants are allowed as a primary permitted use in the CA zone. The proposal complies with the development standards of the CA zone. Environmenlal Documents that Evaluate the Proposed Project: Environmental Checklist. Development Regulations Used For Project Mitigation: The proposal will be subject to the City's Environmental Ordinance,Zoning Code regulations, Public Works Standard's, Uniform Building Code, Uniform Fire Code, etc. These adopted codes and standards will function to mitigate project impacts. Proposed Mitigation Measures: The following Mitit ation 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. 1. Traffic Mitigation Fee-$75.00 per new average daily trip attributed to the proposal. 2. Fire Mitigation Fee-$0.52 per square foot of new construction. Comments on the above application must be submitted in writing to Mr. Peter Rosen, Project Manager, Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on May 17, 1999. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact Mr. Rosen at (425) 430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PEF SON: MR. PETER ROSEN (425)430-7219 PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION , - __-- 03••19 T23N RSE W 1/2' SW 23rd S 4 ll —_I a IH IH IL N c. 1 CA lh St SW 27th S , SW 27th St. R f IM j RC SW zsin s� —I � I Sloth St., — C _I it CA IL I ---- S i —IL---- • L i-- 167 - 34th St SW 34th St. , 34th St) 1I I IL J ;L N J !IH a v et �i IL 4, r\SW/39th St. / -IM- - a CA IL' t• T IM ' IM st st. `sW 41st t.CA U•31 T23N ESE W 1/2 ,,, ZONING ,,,,,,,, "`" "330 T23N R5E W 1/2 • NOTICE y . . CITY C.-F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor April 23, 1999 Mr. Michael Cabe Merrick Lentz Architect 1800— 136th Place NE#100 Bellevue, WA 98005 SUBJECT: Ruby Tuesday's Restaurant Project No. LUA-99-060,SA-A,ECF Dear Mr. Cabe: 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 June 1, 1999. 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, Peter Rosen Project Manager cc: Act III Theater/Owner ACCEPT 1055 South Grady Way-Renton, Washington 98055 a5This paper contains 50%recycled material,20%post consumer . � r1 • • :.. :.::.:. ::::;.;..:;::.>D�V�LUPME:N'T' LAND USE PERMIT ;A TE APPLI , ► ' N :PROPERTY OWNER(S)' ' PROJECT INFORMATION Note::If.there is more than one legal;owner,please attach an additional notarised Master Application:for each owner> PROJECT OR DEVELOPMENT NAME: NAME: O 11)v' l:• S cvl t i\\ --Ct \-T�-re., PROPERTY/PROJECT ADDRESS(S)/LOCATION:` ADDRESS: F-P6T- y�'►u- '/ 1 +�/' �1c�7 ‘k i t"t�t1�TQ�- 7/32 C :Ntvt a R4Z D KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): CITY: ZIP: kiJr6luG 1� 3�`i iN ` � z99cx� TELEPHONE NUMBER: EXISTING LAND USE(S): CA% APPLICANTi(if other than owneI PROPOSED LAND USES: NAME: COMPANY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: MgFICKTa ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicab' CITY: ZIP: EXISTING ZONING: E��I✓ki�L VIA / (X C,,A. TELEPHONE NUMBER: PROPOSED ZONING (if applicable): CONTACT PERSON SITE AREA (SQ. FT. OR ACREAGE-1 NAME: N11( > L CAP)e:- COMPANY (if applicable): PROJECT VALUE: L_Ew A?LH iTL C�T ADDRESS: IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? I GD N Pc CITY: ZIP: IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTA'. , E ;, Yjik -1 SENSITIVE AREA? (\I,,li TELEPHONE NUMBER: i-171--,-`7ci 1 . 2,i 1"� LEGAL DESCRIPTION OF PROPERTY (Attach separate'sheet if:necessary) TYPE OF I APPLICATION & FEES Check all application types that appty;City staff will determine fees. _ ANNEXATION S SUBDIVISION: _ COMP. PLAN AMENDMENT $ _ REZONE $ LOT LINE ADJUSTMENT $ _ SPECIAL PERMIT $ _ SHORT PLAT $ _TEMPORARY PERMIT $ _TENTATIVE PLAT S CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ _ _✓SITE PLAN APPROVAL $ KDOO.Oc _ FINAL PLAT $ _GRADE & FILL PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ _ VARIANCE $ (FROM SECTION: ) _ PRELIMINARY _WAIVER S FINAL _WETLAND PERMIT $ ROUTINE VEGETATION MOBILE HOME PARKS: $ MANAGEMENT PERMIT S _ BINDING SITE PLAN $ SHORELINE REVIEWS: _ SUBSTANTIAL DEVELOPMENT $ _ CONDITIONAL USE $ _ VARIANCE S / a�� _ EXEMPTION $No Charge _ENVIRONMENTAL REVIEW $ son. REVISION $ - AFFIDAVIT OF OWNERSHIP I, (Print Name) / C.4z c..— G4 , declare that I am (please check one)_the owner of the property involved in this application, ZiFre authorized representative to act for the property owner (please attach proof of authorization), and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. �r( r 4 /^ �— ATTEST: Subscribed and sworn to before me, a Notary Public, in and k�,� /"��� for the State of • residing at (Name of Owner/Representative) 19 , on the 2 dev of (Signature of Owner/Representative) L-- n\Q)kf (Signature of Notary Public) (This section to be completed by City Staff.) City File Number:W H -C;`)0 A AAD BSP CAP-S CAP-U CPA CU`A CU-H LLA MHP FPUD FP. PP R RVMP SA H SHPL-A > SHPL-H SP SM SME TP >V-A V-B V-H W TOTAL FEES $‘CD F'{ .6 TOTAL POSTAGE PROVIDED:: S f--}.ti L . MASTERAP.DOC REVISED 8/97 03/23/99 TUE 08:24 FAX 360 7922430 MARTIN PETERSON 14005 03/15/99 15:45 CMA RESTAURAN? SUPPLY -a 206 62E04000 NO.241 PO2 „r z:,`7 .;:at..: IMESCRI'PTICi I OrIT b,E EFUT �tiVOef , iaparata ahppt'it,hpcosaaryl; • • • • ..I>,,r ;,:�; .;..r;.:s�t� � , �`r`�pEC1�• ��P�'�.�CA�'IQN•& �� ,r...• >.,.;.,..1.;w....... ......................................• r.. . ;4 `°:Y .l`. ,N^J Ar FJ 1 sr•o•.z. ..., <. _ : w ili.. .��.. ..q ,+�,'. .! :�,. ;`f.L��:i•','oiiti k::ti+ rV .�M h k, 'I 1 m ,, .,..,».< , ac a I apt on, YPes at RP.�! ,Cit>lr �`f am Il'de _,��• ., ,.,,. ..,.• :9,�w .. llc �.. ,ik� aL. ��� I tQiiiln •>fe`ea�. .,.�„ _ • _ANNEXATiON $ 11 SUaDiViSION: _COMP. PLAN AMENDMENT $ . _REZONE $ LOT LINE ADJUSITMENT $ SPECIAL PERMIT $ SHORT PLAT $ _TEMPORARY PERMIT $ _TENTATIVE PLAT $ _CONDITIONAL USE PERMIT $ _PRELIMINARY PLAT $ _SITE PLAN APPROVAL $ FINAL PLAT $ GRADE & FILL PERMIT $ (NO. CU, YDS; I PLANNED UNIT DEVELOPMENT: $ VARIANCE $ (FROM SECTION: ) PRELIMINARY • WAIVER $ — — FINAL _ WETLAND PERMIT $ — _ROUTINE VEGETATION MOBILE HOME PARKS: $ MANAGEMENT PERMIT S _[ENDING SITE PLAN $ SHORELINE REVIEWS: _ SURSTANT[AL DEVELOPMENT 8 _ CONDITIONAL USE $ VARIANCE $ _ EXEMPTION $No Chards ENVIRONMENTAL REVIEW $ ,� REVISION $ _ . a :e..:r. .4.02zt .'x`7'£' s s .h bAyr {err yir,rti : t� y ! nri:r,mia=:r�i:: y7".: ,•- . .. ...., w.. . ra+.„.<'yic;^a.>_., eft-��. 7�'AFC'O�I]/�1R:`}�•.Q�.VY{F1'F��II'��„'BsS:.:.:.::.. .r...k:: :.•<�..> �. . s.. . 'I I, (Print Name) �8%,,... ',declare that I ern'please check one)_the owner of the r ropertw involved in this application, ha authorized reprosentatly to act for the property owner(please attach proof of eutnorizotlon),and that The foregoing statements and answers nereln centoined and the information herewith eubmitted ere in ell reepecte True and correct to the beet of my knowledge and belief. i Y • ATTEST: Subsc ii?ed ends om to beforene,a No Public, In end iI -sue . • ,�e for he State a 7✓ V residing et 33/3 /J'Ae-MH! ' r 4-le. ((Name o wner/Rn•resentati V. DI ,on the S ey fl1 L_ _ _ _ is SUSAN J.AZUSE Noisy Public-Nevada (Sion�of Owner/tlepresentativ elk.,,,, ,99-sp7 8-1 4,...9.,,„...;;,9i4„.,4_,_, ..-....,-...., nature of 'P appt.S .Jane 8,200t- YE ::: , i,r{hti:,t4 1.Ii.i1 fs. a 9 r S, i�; .1:1'.sii.aril :°ifs • +S }iH F.57J' :I IJJ•I,al it,,,I < •rs Yai` rr v s sw, i lit�i� ! :tl1 .2p., . i+9wl a a + ..a. . +..+1., c�� i i..(3J.or,i� �%I h �o �� �..ss..� •r',•at• r � rr�v s�fz .9', :4 r AI`Ii jYiWigi.•f7+k.. s J � .f/� ', ns.?t•i f ri ;: sr s•rf;a�...t:eraur a ,, ...1.7.,...,. ..i ::�:.•: ::( '.s> ..(Tfti $'$��i'o t0••hb dm 74 d t '� �:»: }.. 3rs; ,a., ::i•.'•' ,,k;�g,;,jf7j}pp t;¢';s ty'':�^.c idll.�ILI I n � �. t ���'FI � ,�. ,irr�.��?":yt• � • :. sa , :.:1,k:P A ,City Fi1e.Numb� i f 'tip br IIIII A, ,-ArAO 9SF F CAP s'I J' iP•f 41Lc rC k•CU MU H ! ECr L1r •'N a",*�MI'1FI WU0 3,. }fr ` ,VIA I7 ::Sara i A''H s SHPL=A..SNPL�I °:S ".' 5M 'SME �'�P'k. i A V-S •.V-H w «'�:,�-i �_ �'� r~ `,�t TOITAL E'�b5T1AGl:'T'(�bVlgEp -.� ;! 4 �4,�.�„ ::- ;;rv!'.' 'n 4:SC,...,_I LL," .. ." . ++: f_'{I,P L h d:, ,r o ', .. ,..`:... ...is:nh u,,'..•,'^ ! minvrenonnoc REVISFO bI97 CM( OF RENTON DEVELOPMENT SERVICES DIVISION LAND USE PERMIT' ................................................................................ MASTER APPLICATION PROPERTY OWNER(S) PROJECT •INFORMATION Note: If tl ere is more than one legal owner,please attach an additional notarized Master Application for each owner. PROJECT A l ORR DEVELOPMENT nNAME: NAME: 1'`Oe Toes DP' g I 7A0 1\1 'Tt1 -ram PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: fr6T t Nicor / r U l I tt Tt 7/32 CMvt a D - CITY: ZIP: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): CtS`T4 ,.3T f t' I t L`�1OC�rz TELEPHONE NUMBER: EXISTING LAND USE(S): APPLICANT (if other than owner) PROPOSED LAND USES: NAME: eAs- COMPANY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: / gFiCc J- im AP-di t`TF"-r -/\ V ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) ► �- i3(v�, a N•E tk IC7C CITY: ZIP: EXISTING ZONING: qS)0 CA- TELEPHONE NUMBER: PROPOSED ZONING (if applicable): yla. 744 7 3i 71 CA- CONTACT PERSON NN�NG SITE AREA (SQ. FT. OR ACREACtiN'(P ON NAME: D�ELOPOF RAN Mic tP.EL eAt3E_ C' 1999 COMPANY (if applicable): PROJECT VALUE: APR E� n iu` LE r� i?CN►TE r ReG°\I ADDRESS: IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? 1 YCx)• 10D N CITY: ZIP: ,� IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY 11L.1 EtA _1 � SENSITIVE AREA? TELEPHONE NUMBER: 1•1Li LEGAL DES.,,n1PTION OF PROPERTY (Attach separate sheet if necessary) AT7" -H D TYPE OF APPLICATION & FEES Check all application types that apply--City staff will determine fees. ANNEXATION $ SUBDIVISION: _ COMP. PLAN AMENDMENT $ _ REZONE $ _ LOT LINE ADJUSTMENT $ _ SPECIAL PERMIT $ _ SHORT PLAT $ TEMPORARY PERMIT $ _ TENTATIVE PLAT $ CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT _ $ SITE PLAN APPROVAL $ ! 0( _ FINAL PLAT $ _ GRADE & FILL PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ _ VARIANCE $ (FROM SECTION: ) PRELIMINARY _ WAIVER $ _ FINAL WETLAND PERMIT $ ROUTINE VEGETATION MOBILE HOME PARKS: $ MANAGEMENT PERMIT $ _ BINDING SITE PLAN $ SHORELINE REVIEWS: _ SUBSTANTIAL DEVELOPMENT $ CONDITIONAL USE $ VARIANCE $ EXEMPTION $No Charge ,ENVIRONMENTAL REVIEW $ y1(,,(.j REVISION $ AFFIDAVIT OF OWNERSHIP; I, (Print Name) , declare that I am (please check one) _the owner of the property involved in this application, _the authorized representative to act for the property owner (please attach proof of authorization), and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. ATTEST: Subscribed and sworn to before me, a Notary Public, in and for the State of residing at (Name of Owner/Representative) , on the day of 19 (Signature of Owner/Representative) (Signature of Notary Public) r > (This section to be completed by City Staff.) City File Number: A AAD BSP CAP-S CAP-U CPA CU-A CU-H _ECF ;_LLA MHP FPUD FP PP R RVMP SA-A SA-H ',SHPL-A SHPL-H SP SM SME TP V-A V-B V-H W TOTAL FEES: >$ TOTAL POSTAGE PROVIDED: $ MASTERAP.DOC REVISED 8/97 04/14/99 WED 09:48 FAX 360 7922430 MARTIN PETERSON LC001 F • r - N PETERSON 'aV , 23/99 TUE 41}:24 FAX3d0 7¢22434 r1Q Gi 002 �TALIRf WT S!tPPL`i . 5 E 4t3 1n:45 yrtA RE-- c�h;r�7 YM ...Zlr.. ; o e x . I •\ • u�I""L`C"W „} 'Fai' r:4P.-, u`..5illt� y, 70.-, _i�; Z �� j tIVI,ialfEltertn rl ilBOS:1.;,10i ti 1 1 ? 7 tl.ai+.. !+f' :' "n fJN�. Cry y "�4tx�r` >.fy<({��QN � r 1P , • ----7 ANNEXATION `- 1 SUBDIVISION: , \ • $ I \,_ COMP. PLAN AMENDMENT' 4� �.QT LINE ADJUSTMENT 4�_-r----- _REZONE SHORT PLAT 8 f _SPfiGIA>u PERMIT �--- -"'" _TENYATIV PLAT �---.-- TEMFOt�ART PERMIT S�-� _PRELiMiNAR'� P T �" USEPERMIT $ - i_ PLAT $TTE PLAN'IONAP RO g Lope oo FINAL } ZL SiTE APPROVAL - O -' II - GAAOE $,PILL PERMIT 1$�- PLANNED UNiT DE�(Et.t)PMENl: 4--� - i Si VARIANCE PRELIMINARY iERQM Sf=GTIUN:,r f._- 4�� -FINAL WA1V ER l WETLAND PERtrin $�-�r - ROUTINE VgGEFA-nat4 y MOBILE HOME PARKS: MANAGEMENT PER1�/17 $ 1 1 BINDiNG SITE.PLAN ___ 1 SHORELINE REVIEWS: SUISTANTIAL DEVELOPMENT $�< I CONDITIONAL USE 9�-�`- i son_�" i VARIANCE 9No a s __ENVIRONMENTAL REVIEW �'r I P?(EMPTIQN $ , REVISION r("C f Y ^� rF • r S-R ;r�13 •-' ' �., he r :r , .� s e w..,,,:,..,..,,,,,,,,,I,:...,,„:,,...„...:, 't°' [ tVed in plfcgUon. ` th9 op6m�imo this op �enayv�Drain l `: r `• thn Darner of 9 aTa;arilon[e a declare Chet I em{pteas;3 cheek on9) 1, the?! 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OV4i�ti �,(.r a,_w�; . i.�+2" • ' /� -f _ 62 • U\j- ) O/Z0'J 06Z## EZ:5I ='l-b0`666T ti : 4JOdd 0;/12/1999 10:43 4258228758 HORTON DENNIS PAGE 02 • • -4, • • Proposed Ruby Tuesday site legal description at Renton's Act III theater property: A portion of New Lot 3 of City of Renton Lot Line Adjustment No. LUA-94-157-LL.A as recorded under King County Auditor's file No. 9511299006 described as follows: Beginning at the Northeast corner of said New Lot 3; Thence S 01°50'09" W along the East line thereof for a distance of 242.10 feet to the True Point of Beginning, Thence continuing along said East line at S 01°50'09"W for a distance of 231.00 feet; Thence N 88°09'51"W for a distance of 155.55 feet; Thence N 01°50'09"E for a distance of 231.00 feet; Thence S 88°09'51"E for a distance of 155.55 feet to the True Point of Beginning_ MAN e, •-) 3345 �ClsCER,0 " ;YIA:S° 11 99 E:7i:7G:' 2/3/ • t March 31, 1999 Mr.Peter Rosen City of Renton • Development Services Division 1055 So. Grady Way Renton, WA 98055 RE: Black Angus Restaurant and Ruby Tuesday Restaurant Submittals. Dear Peter: Please consider this letter our authorization for Barton O. Treece, Jr., Treece and Company, Inc., to act on our behalf in matter: of submittals and approvals for the Black Angus Restaurant and also for the upcoming than plat of the Act III property. .w..�..a�... �..:rr a.z�r.iet a_z�na� M.rri {c Lentz to o a aria our bah trfbr submittals approvalso£the B. by Tuesday TCs ataurant. Arc1'iltO42 ta. acts Please call should you need additional inZbrritatton_ Best Regards, Bastgate Theaters, Inc. Tim Reed TR:sn;rosea,m3l O/ZO'd II£# 5Ia9I bI-170'EE6I r Cv'GL�d CITY OF RENTON RECEIVED APR 2 3 1999 UlViSIC* MERRICK LENTZ ARC ECT transmittal To: City of Renton Address: Attn: From: Michael Cabe Date: April 14, 1999 Re: Ruby Tuesday Restaurant Enclosed: The proposed project is a 4,970-sq. ft. restaurant and lounge located in front portion of the parkinging lot of the Act III Theater off of East Valley Highway. Currant zoning for this project is CA with adjacent properties zoned as IM, IH,CA. The soil is sand to silty sand to a depth of approx. eight(8)feet below the existing ground surface.This site has been developed for the parking of the Act III Theaters. Regards, DEVELOPMENT PL APJi'II�JC. CITY OF RENTON Michael Cabe APR 1 5 1999 RECEIVED 1800- 136th Place N.E., Suite 100 Bellevue,Washington 98005 •Page 1 425/747-3177 ■ FAX 425/747-7149 E-Mail mlarchitect@isomedia.com • • -- G3 - 1'23N R5E W 1/2' • SW 23rd Stl -6 r4 IH IH IL w rth St CA. SW 27th St SW 27th St. R I I . /. i 1 . I • • IM • - RC ` SW '29th S/t� N Wc� W . O W Ll .SV Oth St. , z • I ElIH CA NIL I N . It-------- - I CO 34th St Si 34th St. , ` •.SW 34th Sty 1 IL I I , --I JIL ..__-- ) ,IH , _� L. �/ > , \ '1C J I M - ct°p,�,F 1 : IL \''., 'i IY446 5 1999 IM --- .. I.! I�� 1st St. IM SW 41st t. CA . r 13 - 31 T23N R5E W 1/2 �-^ ZONING 148 o .pa 00 H3 '( '8�1.1 p ' "TECHNIC"L SE""' 30 T23N R5E W 1/2 C b�I v14/1.1 12 19,9J MEMORANDUM /his;, olv DATE: .141()AR ( \\, 1/19 TO: Construction Services, Fire Prevention, Plan Review, Project Planner . FROM: Jim Hanson, Development Services Division Director • SUBJECT: New Preliminary Application: R'J ( V OESPAY- R.STA')RA LOCATION: 1-1 0O BLOCK O EASE V �L� 7t�,pAD A meeting with the applicant has been scheduled for 11=00 AV , Thursday, 3-4 J 0 ARC 'z4 for one of the 6th floor conference rooms (new city hall). 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 meeting. Please review the attached project plans prior to the scheduled meeting with the applicant. You will not need to do a thorough "permit level" review at this time. Note only major issues that must be resolved prior to formal land use and/or building permit application submittal. If you are unable to attend the meeting, please send a representative. [[ '' Please submit your written comments to MTLK VC6LN at least two (2) days before the meeting. Thank you. 6-7)-TC 7 ®1+`-LOPMENT PLC ,.4<ez-11A-t-7 /4.1-4 y , CiTy OF RENTG .,411 dv APR 15 1999 RECEIVED 1. O en) , CITY OF RENTON v'P— FIRE PREVENTION BUREAU NTTO MEMORANDUM DATE: January 18, 1999 . TO: Peter Rosen, Planner FROM: Jim Gray, Assistant Fire Marshal j/# SUBJECT: Ruby Tuesday Restaurant, 4100 Blk. East Valley Rd. Fire Department Comments: 1. The preliminary fire flow is 1500 GPM, one hydrant is required within 150 feet of the structure and one additional hydrant is required within 300 feet of the structure. 2. A fire mitigation fee of$2,597.40 is required based on $.52 per square foot of the structure. 3. Separate plans and permits are required for the installation of fire 'b alarm and kitchen hood extinguisher systems. Please feel free to contact me if you have any questions. • RUBY TUESDAY RESTAURANT 4100 BLK OF EAST VALLEY RD. Pre-Application Development Services January 21, 1999 WATER: 1. A 12-inch water main is available in E. Valley Rd. and the on site 12-inch water loop system for Act III Theater. 2. The Water System Developed Connection charge has been paid with the development of Act III Theater. 3. The project is located on SW 30-23-5 Quarter Section Map. 4. One fire hydrant is required for each 1000 gpm of required fire flow. Each fire hydrant delivers 1000 gpm of fire flow 5. The primary hydrant is to be within 150-feet of the structures,but not closer than 50-feet. The secondary hydrants must be within 300-feet of the structures. 6. Drawings to adhere to City of Renton drafting standards available at the 6th floor counter. Show meter,valve line, sizes and locations. 7. If required fire flow is over 2500 gpm a water loop system is required. A loop system is required to be located in a 15-ft. Utility Easement. The required fire flow will be determine by the Fire Prevention Department. 8. The irrigation meter needs to be shown on the water service plan. G,y1L 8�-tk Clow 99cm004W 99CM004W.DOC\ RUBY TUESDAY RESTAURANT 4100 BLK OF EAST VALLEY RD. Pre-Application Development Services January 21, 1999 SEWER: 1. If the project produce fats, oils, or grease, then an appropriate removal system will be required per plumbing code . 2. Side sewer line to have a 2%slope to property line or to a manhole 3. Side sewer to have a cleanout every 100-feet. Also one clean-out 5-ft out from building. 4. A sewer backflow prevention device is required for the sewer line when the floor elevation is below 25-ft. /43 jl`ArQ- 5. Civil Construction drawings to adhere to City of Renton drafting standards. Drawing size is 22 x 34. Show applicable City of Renton standard detail draws on the construction plan sheet. 6. The site is located in the Black River Basin. 7. The is a 12" sewer main in E. Valley Rd., but also two(2) sewer manhonles on site adjacent to the proposed building area. 8 A conceptual plan for utilities will be required if SEPA Review is necessary. 9. The Developer is to insure no buildings are built over the existing utilities. 10. Show vertical clearances where utility lines cross. 99cm004S 99CM1004S.DOC\ RUBY TUESDAY RESTAURANT 4100 BLK OF EAST VALLEY RD. Pre-Application Development Services January 21, 1999 STORM SURFACE WATER: 1. A level one Drainage Report will be needed. 2. The proposed project must demonstrate adequacy of proposed City code requirements for detention,water quality and conveyance capacity. 3. Drawing scale is 1"=20'. 4. Storm System Development Connection charges has been paid with the Development of Act III. Theater site. 5. Show utility vertical crossing separations on construction plans. 6. Use NAVD 1988 Datum for project. 99cm004D 99CM004D.DOC\ RUBY TUESDAY RESTAURANT 4100 BLK OF EAST VALLEY RD. Pre-Application Development Services January 21, 1999 TRANSPORTATION: *1. The transportation mitigation fee is $75 per new trip generated. The trip rates are determined from the ITE trip generation manual. / * e000n04 SQL 837... it--2. A brief letter showing weekday traffic distribution frewi to and from the site. 99cm004T I AWL( ,' V ro Eh. i. Sr y& .s'r 4 99CM1004T.DOC\ CITY OF RENTON Planning / Building / Public Works MEMORANDUM • DATE: January 21, 1999 TO: Pre-Application File FROM: Peter Rosen, Senior Planner SUBJECT: Ruby Tuesday Restaurant- Pre-Application File#99-04 We have completed a review of the pre-application for the proposed Ruby Tuesday Restaurant. Listed below and attached on several sheets are our preliminary findings. Although every attempt is made to ensure that these comments are complete, a more thorough examination of the project at the time of application submittal may reveal additional issues that may alter these comments or require additional comments. Zoning. The subject site is zoned Arterial Commercial (CA). Eating and drinking establishments are permitted as primary uses in the CA zone. Development Standards Setbacks- The CA zone requires a minimum front/street setback of 10 feet for buildings. The proposed building complies with this standard. There are no rear or side yard setbacks required. Landscaping- The CA zone requires a street frontage landscape strip with a minimum width of 10 feet. The landscape strip along East Valley Highway was improved with development of the Act Three Theaters. The Parking and Loading Ordinance requires landscaping equal to 5% of the area of a parking lot over 10,000 square feet in size. The required landscaping was improved with development of the Act Three Theaters. The code requires a pedestrian connection between the sidewalk and public entrance of the building. Building Height- Maximum building height is 50 feet. Lot Coverage-The lot coverage for buildings may not exceed 65% of the total lot area. If the restaurant is developed on the same lot as the theater, the proposed restaurant and the existing theater would be counted in the lot coverage calculation. Minimum Lot Size - There is no minimum lot area requirement in the case that the applicant wants to establish the restaurant on a separate legal lot. Parking-The Parking and Loading Ordinance requires 1 parking space per 100 square feet of gross floor area for restaurants. The proposed restaurant of 4,995 square feet would require 50 parking spaces. The Act Three Theaters is required to have 1 parking space per 4 fixed seats or 1 parking space for each 100 square feet of floor area of the main auditorium, whichever is greater. According to the site plan approval for the Act II Theaters, the theaters just satisfied the parking requirements with 892 parking spaces for 3,566 seats (3,556 seats X 1 parking space per 4 seats = 891.5 spaces). There are a couple of options to allow the proposed restaurant to use the existing theater parking. The theater may remove seats to lower their number of required parking spaces which could then be utilized by the restaurant. The Parking Code also allows for joint use parking facilities if the applicant can comply with standards of Section 4-408E.3. The code allows joint use of parking facilities only for those uses which have dissimilar peak hour demands. In addition, the parking must be located within 750 feet of the building it is intended to serve. The proposed restaurant may not be able to justify joint use Ruby Tuesday Restaurant f: 01. parking per code requirements. iie Parking Code also allows modifications from parking standards, as \' determined by the Administrator of Planning/Building/Public Works. If the applicant decides to pursue a parking modification, staff recommends conducting a parking utilization study to provide evidence that there is sufficient excess parking during peak theater times for satisfying parking needs of the restaurant. Required parking stall dimensions are 20 feet in length and a 9 foot width. Compact parking stalls are 16 feet in length and 8.5 feet in width. Compact parking spaces may not account for more than 40% of designated employee parking or 30% of all other required parking. Aisle widths of 24 feet are required for 90 degree head-in parking. Permit Requirements. • The proposal would require SEPA environmental review and administrative Site Plan Review. These would be processed concurrently and require approximately 8 to 10 weeks from the time of a complete application. SEPA Environmental Review - A SEPA environmental checklist must be submitted with the application materials. The applicant is responsible for disclosing accurate information regarding potential " environmental impacts associated with the proposal. The Environmental Review Committee (ERC) will review the proposal, consider mitigation measures, and issue a threshold determination. Site Plan Review: Site Plan Review is required for all development proposals (which meet SEPA thresholds) in the Commercial Arterial (CA) zone designation. The proposal would be reviewed administratively, by the Zoning Administrator, as it does not appear to meet thresholds that would trigger a public hearing and Hearing Examiner review. Site Plan Review evaluates site layout elements including the building orientation, pedestrian and vehicular circulation, parking, and landscaping. A proposal is also analyzed for compliance with the code and compatibility with adjacent uses. Site Plan Review evaluation criteria are listed in Section 4-31-33D. of the Zoning Code. cc: Jana Huerter Ruby Tuesday Restaurant ♦ S O CITY OF RENTON DEVELOPMENT SERVICES'::DIVISION ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or"does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. o Op City F/vTA 4PR 7997-901v�v iNQ 1 F/Vp F r I - Environmental Checklist A. BACKGROUND 1. Name of proposed project, if applicable: Rue( 'To • nPte 2. Name of applicant: R-T 57Ti 25,111 5- 22,44 ftA(-E t 5/PC O A1-} wick 95021 3. Address and phonb number of applicant and contact person: P r(tEC: ; tbloTACC i\\tcNAEL cat~ i boo 13f' L kt fE SvccE 100 e.Eu,EY )E, WASti1Nf6- o1\l ( 10oo'5) 4. Date checklist prepared: JiUA-9-' 8, 1111 5. Agency requesting checklist: oV Too el-Al\lNiNS6t/BUtiX)it,47uoiAC titlo�lC� 6. Proposed timing or schedule (including phasing, if applicable): STt M�k-C loN.5-r- v c.Tt E51iMRTW LwMfL,e-CIoN1 - JOL1 , lanci 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. rgeA1la Dt,`>' 1? W EtiqtlIoNMENYvAL Ct' u6T1- -- Atil1k-r1- Tt125 (e1\1 mrt1GM1t V ors FILE wrTN T G'r-{ — 119i, txct3i0N1) 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. Nol\E K-Not, r\1 10. List any governmental approvals or permits that will be needed for your proposal, if known. 60 1 LO ttA A rt3 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. CoNttauL'riot ) or T trt-1 l,00 kI4E w►��n�l P pp to v-( cot' 1 i(TEV f R ems- Ir4c• 15-ttr44 St-CE i> 1ocP19 Oade9 wrria PPRNI, /P i osct! tt - poiNtErilasc rti1LL I.E AND2 To tuTA1 E. &Ji t oinvt GoNS-ceOc tvrl. 2 • Environmental Checklist 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Ck • VoN, p vJA-c c To S--C VAuk t.;i J c-( NoALM 31- ,) otv ?fro tt-c/EAIrkCf2oNIT or FtGT i 11 Ob--C V'A GNEMI . B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one ,rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) 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. ` 01t,5 -'orC C 'M-e7> f i TEA -T- Z3(93 OATEV ON elLE WITN Acr ili Gtt MP of 3EU1. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. NO e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. o,e CoZADINVI W Il,l, 6C i YJ. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. ��OStoiJ iOOL D OCc:02. rvg. 6��1 L+Dt NCI cccsrl N v^0 a-rno\r t.., pn‘fikrl . g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? t7(l STINC, IMffAtX)) 5OV- W ilL€ C g-COOL V '6i' Th 1►3TRODUc;TIot' Cf NE* LA O5e-Aeltal /ioUnlc fgop0509 61/4)(GPINIII h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Ti;htiPvP1t lDP.osiON\ ai3T jL (n0'63¢60 504-1 AS `3TV-hk) MLE Pakatt✓ 5 SILT Z /WO PeoTEC.T, o 0((isnOL G;1 (C11 MSIN 6-( f V Tim fi' tL l LL. eE IN-za2Po / tt) N l-Dt)> 3 • Environmental Checklist 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. �1►t� t SS tcx15 AC PoSS16 L For) i )C,to �cIbCU J. i111►SD � DJ`D7 C� am( ,�1 N OGLU(L ��Tft1'167 DL 4 NZ%Cjti1 ,-t .;. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. t c. Proposed measures to reduce or control emissions or other impacts to air, if any: POVT E3\L . BE Ct;1.TVCCLUD, 1‘F- tSE C0 i3{ WA-CM Sc.J CI O 40.)t-1P cAl Nue As d it CF rEU Ccx\bt-ciot `.), 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. RD-c ?RoPo -P AA or De(CL 9mfog_ l�1h F VOJEcT. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. NOKE 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. �(o 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. I\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. NI° 4 • Environmental Checklist 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. 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 animalsww or humans the system(s) are expected to serve. IvoiE c. Water Runoff(including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. •5M 15 I m P 12a/Q w rr ( ti Y Erh LE 'fl CAUdxfrc , Igcwoirsz, OVAINP Ss-t'Sfer(1. ISO(L0ll DRA-11s' Li ‘ok)NZ"( Yo foE &-)mr► De G 5�5rE'�►1. 2) Could waste material enter ground or surface waters? If so, generally describe. No d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: (MAZE EAl&nr A D k1 E 'a�l�Ten15. 4. PLANTS a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bulirush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other 1( other types of vegetation p i .UNA ("7"C U )O KC ISLictra7D b. What kind and amount of vegetation will be removed or altered? .Arc '.pt. tS-(iN (AWSGACCO ISt DS Li ILL 4 )NW. c. List threatened or endangered species known to be on or near the site. tsDK d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: N LAtY o t Y To BE Pr,- FT,0?rx o 5Tajc-ow Afebitc20 LiNNIou E ill. Environmental Checklist 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,&ngbird� other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. No oA c. Is the site part of a migration route? If so, explain No d. Proposed measures to preserve or enhance wildlife, if any: �bNE 1 XEfnEV to BE NEGESS -( 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. U41k0.16; 15t,t4. VoL3 LoDf.tnl�j NA-Cov.At.. 4./V, - 1 tix, (o0V-INVi b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: 60PA ; LSMA STf (l✓ 1 E `‘' LooE) uT I iAz I 1ZI 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. 1) Describe special emergency services that might be required. KIOKE 2) Proposed measures to reduce or control environmental health hazards, if any: t`(oNE C'Etl't'9 'To i3E NEGESS 6 Environmental Checklist b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? T(L( iL No\SE 1 4-WuND 5T7E Bo-c fri LEVELS 0-Ml I0 6\yrA - -1 Tits 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. SIFT TE'C'-M CoNSTQ.)(; tor 1 rI-t' (1 zi - fvn) fv(L 4 mokrTltS 3) Proposed measures to reduce or control noise impacts, if any: t-tot3E f f tV To et: EC-S5 M'( LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? C.INEMN wiv\e(SEX 1,3rT1- PW-rN oN-5ltE . Dornr- BASE iclA EI'1tE - 13uRLt� `SST foot) .-co Scx rt3t ioinm �RL U -c7,To E''A5-1- b. Has the site been used for agriculture? If so, describe. No c. Describe any structures on the site. Pk:T 111 LA OEN% ST L-ru ec. d. Will any structures be demolished? If so, what? NO e. What is the current zoning classification of the site? f. What is the current comprehensive plan designation of the site? tomin►ciPL USt;S g. If applicable, what is the current shoreline master program designation of the site? N1P h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Approximately how many people would reside or work in the completed project? 4?,3RX - Iv01JE WP4- - AWEE-, irk •TWo t-1res Environmental Checklist j. Approximately how many people would the completed project displace? Not k. Proposed measures to avoid or reduce displacement impacts, if any: NONE NEED I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: No0E QEE1fl`0 To BE NecesSOIT 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not E b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. c. Proposed measures to reduce or control housing impacts, if any: �ieNE 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. 1�jt 11IGttT }tG - r �'►e b. What views in the immediate vicinity would be altered or obstructed? NONE c. Proposed measures to reduce or control aesthetic impacts, if any: 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? f' WegtO rot n Ocn . U KTIL c6-1-A-oportst (Cb6 Pr1" t b. Could light or glare from the finished project be a safety hazard or interfere with views? 1W 8 Environmental Checklist c. What existing off-site sources of light or glare may affect your proposal? NoiE d. Proposed measures to reduce or control light and glare impacts, if any: U o� Km\ 41A—K r ru s. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Ti-1E MENTEg Cc 1Q1,??( is A - firioNik b. Would the proposed project displace any existing recreational uses? If so, describe. NO c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: NON IE 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. NoNE c. Proposed measures to reduce or control impacts, if any: NOK1 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. S11E 6 1AC-t" ( To tST VAA-tk:; 12ofp, AJO 1.5 ALSo EO ? off-acme F xt1 s� tee r-c -4ISt b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? T '1 Sloe IS ` 3A AND t T VAW C 0w) PA)X1mNWcu-r ?A_ mi,wE Rom c. How many parking spaces would the completed project have? How many would the project eliminate? ,1\1Ttct-e Srcc Ft#Y5 e e , NLf Lo5SW6TNTthS e cJEZT t� 2\ Pam. a 4 Environmental Checklist 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? IyO e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. ffAl‹. Noi twlvtGS .AeC IlAkvi - 1F ' ANIO (oPr'- beer \ E W O� ?WPS IvSCIMF� O AT CSI�r��.Ct'( t-`�/GltQ,li Ittsl g. Proposed measures to reduce or control transportation impacts, if any: / C INGMAS W tu, P'E i th 4 5P75 Yo A-aomoolvr ri9vQAI-5C- PAft t l eiert l av l 14 CtT,('S i C ?AL P ( tiv1 t5 r V OL i r-p. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. b. Proposed measures to reduce or control direct impacts on public services, if any. Note- ottmEV fo r3E-; KticessAf.`� 16. UTILITIES a. Circle utilities current) available at the site: jectricity Xiatural gas water refuse service tele hone sanitary sewerJseptic system, other. ch-eLE. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. 5>-1.13EK/w'A1-ER : fit- -' of p-t;-�stoil "fa Eetiv E : cfTE Vic,¢-./tA's : pu1€1"5conIP C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non- significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on part. Proponent: iAt . Name Printed: Mv- 2jC p. to (Z_ Date: OAII, `( 6 t411 10 NO.429 DO3 r, 1 . CMA RESTA'IPANT SUPPLY 4 425 430 7300 04/15/99 14:30 ..... - . . . ... • .... . . • . • .. . .. . . ., . . • • • • .:.'...: ':".'••••MER.RICIC:•;:::.:"..7'...... .....• • • . . . • }.. • . . . . • . 1 . . . • *.. • •••••••':',•*•••••-•'• ••• ILENTZ,..............:. ::;."': ::-.-.. . .- .. . . . •. • . . . : • • • • •••• . . . .i . . . . ••• , . . .. :::.:1•••.• ssAIIC • —, CT:.:...';•':..........:s... • • .. • •• • • . .. . . . . • I.. . . . . . . -..• •. . •- . . . . . ...• ... . • . • , • . . . . . . • - . . . . . . • . , • • , • .. • .• . . . • • • • . • - 1 : . • . • . • . •• ••:• • •• . • • . .. • . . • ....,. ......- •,••:- •• .. ,•;....,.. . •.... • s ........,.....'.:.: •::1 •L. , . . 1 • • t r a ...,...:n..............!...,;:::•....s.......:::::; .. ,:: ..: ..::.::::....,:".....,.......T.. . I.... a.. . 1 . • • Tex City of Renton "••• •..:••:•••••••'. • • .•.::i• •••• ;•/- •- " •...'•;•.-.••• ••:• .. ... .. Ks .1•11.1iNG . • . • .. • •..,...,.4_••• • •... • • ••.' ...• '.. • •'..... ...i: '...- . '.••• •.6m0.11-131-1'„i ,• .. • Addles% - ' .- •• • ; .. ' :, - :••• • • •"Evet_Or- •• gegi\J7. .. •• : . .• . . . Attw . .. . :Y.,' •::. • • •••• :• '.' ".• ,,: '*. -• ••,..'r.', .. ••••likPR 1 . Ftertv Michael Cabe . :..... '...' :'.•:;.• ; '...::•••• •... : ....,••• 7-, •••••'•• :••• • • . ' • • • . . tcn . . . . •.. . . .. . . .. ,. . . .. . . . Date: • •' • - --• • 'RECIV .1-1. • . . ... .... . . . . .. . Re: . Ruby Tuesday Restaurant .: --... :,••••••• .... .., •••.."••:'.'.: '.: .: : '...••••• '.. '• •• • • . . . .• • . •••• •. . • . . . • . - •.(:!• . r; . .. . :.: : : : • •,•::. ...,:.:•• • .. , i . • . . •.. : . . ,• •• .• •. • . .•• •• . • I . • • As real estate direCtor for ACT,...til /.Regal.ClhernasYMr. Tirrt...keeCI is..the authorized person to sign . documents for the permit process. ..0,aitgate Theater:tno• i's.a'vetted P'arty that has been purchased by • • •• ••• • • ...,• ... • .. . • . . . • .. -• . ..• • ". . •• .• • . . ... . .•• •.... .. RegardsMichael Cabe . . •. . • • . .... . ' . • .. • . • • . • • • •• .. • • • • . . . . • • . .. . . . ... . , . • . . • • . • . .... . . . • . . .. ... . • • • .....,, . . • . . .• • • • •. . . .. . . . . , . . .. ,. . . ., .. • • • ..• .. • . . . • . i . . i. . • 1 • . . . . . • . • :. . • 1 • . • • . .. ... 1 . . 1 , •. .. . . . •....•• - •1 :. ., ' .:.. '',.., . ...;• 1800-,116tti Place 1413.:::.•$uit :100.-••••••••••; ':;. •;..'''; • •.. • • , . - , ' . . . . . •. • • .• - • •:.:•.7.•:•••-:.•-...•;.Betieviie,•Wa$Iiitigten 08005. .: 7.. .1..1...': •.•.•.. *.... .. .. —1.. . ..... .. ...• • . . . . • : • '1:•' ••••• ' '..,•'.• 42.5/74.73177.e FAX'425/7477149.'.:.i...:..... i .... ' • ••• . . •. . . . ei.Pagel .• .• . '.. •••• • • " Wilitil'„ii:Jaillct@isam eci.iiipotit• , •••• -•••' ".: .. • • - .. • • • . • .. • . . . . 104/1nf 14:34 ll'IH Kf=S I HUKHN I 5UI h'L'1 4�5 4.54 '(344 NU.4c L, 1 • MERRICK LE ITT Z . • ARC ECT • • • • r a n• �s • • To: City of Renton Address: D /ELOP Ate CITYMENT PLANrJINO OF RENTON. • Fre= • Michael Cabe .:APR1 b. 1999 Date: April 15, 1999 'REcRe: Ruby Tuesday Restaurant ' • Endo edt CONSTRUCTION MITIGATION DESCI TION.• - • • The target date to'start construction for the above mentioned project is May 1999 with a•completion date of August 1999. The proposed hours of construction is to start at 7:00am and stop at 7:00pm six days a week.There is no fill or grading required, for all other material delivered to the site the route of travel is expected to be East Valley Highway and Highway 167,The"dust"will be controlled, if needed, • ' by watering,sweeping and general clean up as dictated by site conditions.The General Contractor will,, at the needed time,will provide traffic control and coordinate with the City of Renton, Regards, • Michael Cabe • • 1800.136th Place N.E:,Suite 100 Bellevue,Washington 98005 •o Pagel 425/747-3177 a FAX 425E747-7149 • E-Mail mlarchitect@isomedia.com • • DUPLICATE RECEIPT DUPLICATE RECEIPT CITY OF RENTON CITY TREASURER REG/RCPT : 02-42962 C:04-15-1999. CASHIER ID : J 89:36:00 A:04-15-1999 DUPLICATE RECEIPT DUPLICATE RECEIPT 5028 SITE PLAN APPROVA 81 000.00 000.000.00.345.81.00.000017 ' 5018 ENVIRO REVIEW FEE $500.00 CITY OF RENTON 800.000.00.345.81.00.000007 CITY TREASURER 5955 POSTAGE $4.62 880.000.05.519.90.42.000001 REG/RCPT : 02-42962 C:84-15-1999 5035 PLAN CHECKING FEE $2 553.88 CASHIER ID : J 09:36:00 A:04-15-1999 000.800.80.345.83.80.000000 ' 5028 SITE PLAN APPROVA $1,000.00 TOTAL DUE $4 858.50 000.000.00.345.81.00.000017 RECEIVED FROM: ' 5010 ENVIRO REVIEW FEE $500.00 RI SEATTLE FRANCISE 000.000.00.345.81.00.000007 5955 POSTAGE $4.62 CHECK $l 000.00 000.000.05.519.90.42.000001 CHECK $3'858.50 5035 PLAN CHECKING FEE $2,553.88 ' 000.000.00.345.83.00.000000 TOTAL TENDERED $4,858.58 TOTAL DUE $4,858.58 CHANGE DUE $0.80 RECEIVED FROM: RI SEATTLE FRANCISE DUPLICATE RECEIPT DUPLICATE RECEIPT CHECK $1,800.00 CHECK $3,058.50 TOTAL TENDERED $4,858.58 CHANGE DUE $0.80 DUPLICATE RECEIPT DUPLICATE RECEIPT **************************************************************** City of Renton WA Reprinted: 04/15/99 10 : 12 Receipt **************************************************************** Receipt Number: R9901672 Amount: 1, 504 . 62 04/15/99 10 : 12 Payment Method: FIN Notation: RT SEATTLE FRANC Init: CRP Project #: LUA99-060 Type: LUA Land Use Actions Location: E. VALLEY ROAD @ ACT III CINEMAS Total Fees : 1, 504 . 62 This Payment 1, 504 . 62 Total ALL Pmts : 1, 504 . 62 Balance: . 00 **************************************************************** Account Code Description Amount 000 .345 . 81 . 00 . 0007 Environmental Review 500 . 00 000 .345 . 81 . 00 . 0017 Site Plan Approval 1, 000 . 00 000 . 05 .519 .90 .42 . 1 Postage 4 . 62 11-040 (Lc) GEOTECHNICAL REPORT Ruby Tuesday Restaurant 3700 Block of East Valley Highway Renton, Washington Project No. T-3062-3 4Va Terra Associates, Inc. Prepared for: Merrick Lentz Architect Bellevue, Washington DEVELOPME RENTONt 11NG c►rr of March 5, 1999 APR 1 5 1999 RECEIVED TERRA ASSOCIATES, Inc. Consultants in Geotechnical Engineering, Geology and Environmental Earth Sciences March 5, 1999 Project No.T-3062-3 Mr.Rick Lentz Merrick Lentz Architect 1800— 136th Place NE, Suite 100 Bellevue,Washington 98005 Subject: Geotechnical Report Ruby Tuesday Restaurant 3700 Block of East Valley Highway Renton,Washington Dear Mr. Lentz: As requested, we have completed a geotechnical study for the Ruby Tuesday Restaurant project in Renton, Washington, The attached report presents our findings and recommendations for the geotechnical aspects of project design and construction. Our study indicates the site is underlain by fill consisting of sand to silty sand to a depth of eight feet. The upper portion of the fill was compacted during previous site grading. The fill is underlain by a layer of soft clay, which is in turn underlain by loose to medium dense alluvial sands. The primary geotechnical concern at the site is the presence of loose to medium dense saturated sand to silty sand between depths of 10 and 18 feet below existing site grades. Liquefaction-related settlements ranging up to approximately two inches could occur during ground motions induced by an earthquake. The building may be constructed using conventional spread footings with slab-on-grade floors placed on the competent existing fill soils, or compacted structural fill placed on these soils. This is provided the owner is willing to accept the risk of the potential liquefaction-related settlements occurring at the site. If the risk of these settlements is not acceptable, the building should be supported on a timber pile or GEOPIERTM foundation system. 12525 Willows Road, Suite 101, Kirkland, Washington 98034 Phone (425) 821-7777 • Fax (425) 821-4334 • terra@terra-associates.com Mr. Rick Lentz March 5, 1999 The attached report presents our findings and recommendations for the geotechnical aspects of project design and construction. We trust the information presented is sufficient for your current needs. If you have any questions or require additionalr_• . „)I please call. P. R Oh. . Sincerely if.. c TERRA • I•r F: ;= I I,i1. t s. 44.203 a .G q�x, Kevin P. Robe4" AL Project E inrtto j ass 8/0/99 / el-V71AJ---- Theodore J. Schepper, P.E. Principal Engineer KPR/TJS:ts Project No.T-3062-3 Page No. ii TABLE OF CONTENTS Page No. 1.0 Project Description 1 2.0 Scope of Work 1 3.0 Site Conditions 2 3.1 Surface 2 3.2 Soil and Groundwater Conditions 2 4.0 Geologic Hazards 3 4.1 Seismic 3 5.0 Discussion and Recommendations 4 5.1 General 4 5.2 Site Clearing and Subgrade Preparation 4 5.3 Foundation Alternatives 5 5.4 Slab-on-Grade Floors 7 5.5 Drainage 7 5.6 Utilities 8 5.7 Pavements 8 6.0 Additional Services 9 7.0 Limitations 9 Figures Vicinity Map Figure 1 Exploration Location Plan Figure 2 Cone Penetration Test Figure 3 Boring Log Figure 4 Typical Footing Drain Detail Figure 5 Project No.T-3062-3 Geotechnical Report Ruby Tuesday Restaurant 3700 Block of East Valley Highway Renton, Washington 1.0 PROJECT DESCRIPTION The project consists of the construction of a new restaurant building in an existing parking lot in the 3700 Block of East Valley Highway in Renton, Washington. The site location is shown on the Vicinity Map, Figure 1. Merrick Lentz Architect provided us with a facsimile transmission (transmittal dated February 2, 1999) of a preliminary site plan developed for the project. The approximately 5,300 square foot restaurant building will be constructed in the east-central portion of an existing asphalt-paved parking lot near the existing ACT III Theater complex. Primary access to the restaurant will be from a driveway leading westward into the site from East Valley Highway. Building plans are not available for our review at this time. Based on similar projects, we anticipate that the restaurant will consist of a single-story, wood-framed structure with a plaster exterior. We expect that wall loads will be relatively light, ranging from 2 to 3 kips per lineal foot, with isolated columns carrying up to 50 kips each. We anticipate that the building will have a concrete slab-on-grade floor imposing approximately 100 pounds per square foot (psf) loads on the subgrade. We further anticipate that the building finish floor elevation will closely match adjacent site elevations. The recommendations contained in the following sections of this report are based on our understanding of the above design features. If actual features vary, or if changes are made, we should review them in order to modify our recommendations as required. We should review the final design drawings and specifications to verify that our recommendations have been properly interpreted and incorporated into project design and construction. 2.0 SCOPE OF WORK Our field exploration consisted of one cone penetrometer test that was conducted at the site by our exploration subcontractor, Northwest Cone Exploration. In addition, we reviewed subsurface information obtained from five test borings drilled west and adjacent to the subject site in the vicinity of the ACT III Theater complex. Using the above subsurface information, we performed analyses to develop geotechnical recommendations for project design and construction. March 5, 1999 Project No. T-3062-3 Specifically, this report addresses the following: • Soil and groundwater conditions • Site clearing and subgrade preparation • Foundation alternatives • Slab-on-grade floors • Drainage • Utilities • Pavements 3.0 SITE CONDITIONS 3.1 Surface The building site is located adjacent to East Valley Highway, east of the existing ACT III Theater. complex. Asphalt parking bounds the site to the north, west, and south. East Valley Highway bounds the site to the east. The flat site is currently paved with asphalt and serves as a parking lot for the adjacent ACT III Theater complex. Surface water is directed to catch basins located in the existing parking areas. 3.2 Soil and Groundwater Conditions On February 10, 1999, our exploration subcontractor, Northwest Cone Exploration, performed an Electric Piezo-Cone Penetrometer Test (CPTu) in the proposed building location. The approximate location of the CPTu test is shown on the Exploration Location Plan, Figure 2. A plot of the cone data obtained is attached as Figure 3. A soil log interpreted from the cone data, along with estimated Standard Penetration Test values (N60), is attached as Figure 4. Cone penetrometer testing involves advancing a cylindrical cone-shaped instrument into the ground and recording the resistance to penetration. Resistance is measured at both the tip and along the sleeve (friction) on a near-continuous basis. The cone was also instrumented with a transducer to measure and record pore water pressure generated during cone advancement. The CPT-1 location was pre-drilled through dense fill soils to a depth of four feet in order to facilitate pushing of the cone through the upper, relatively dense layer. The cone data reveal that sand to silty sand underlies the site to a depth of eight feet below the existing ground surface. This soil was dense becoming loose with depth. Based on a review of the nearby test boring data, the sand to silty sand comprises fill that was placed during past grading activities at the site. Page No. 2 March 5, 1999 Project No.T-3062-3 The cone data reveal that soft clay directly underlies the fill to a depth of ten feet. The soft clay is in turn generally underlain by sand to silty sand to the total depth of the cone penetration test. The sand to silty sand was loose to a depth of about 13 feet where it became medium dense. A four-foot thick layer of loose silty sand to sandy silt was encountered at a depth of 31 feet in CPT-1. CPT-1 was terminated at a depth of 40 feet. Pore pressure measurements indicate that groundwater is present below the site at a depth of about eight feet below the existing site grades. In March 1993, five test borings were drilled during our geotechnical study completed for the adjacent ACT III Theater complex. The borings were located 300 to 600 feet west of the subject site. They generally showed medium dense to dense gravelly sand fill to depths ranging from 5.5 to 8.5 feet below the grades that existed at that time. The fill was underlain by a layer of soft organic silt with peat that ranged from two to four feet in thickness. Sand with silt that was generally medium dense to very dense underlies the soft organic silt to depths ranging from 13 to 33 feet. Four of the borings showed soft to stiff silt underlying the sandy soils. The borings were terminated at depths ranging from 34 to 39 feet. The Geologic Map of the Renton Quadrangle, King County, Washington, by D.R. Mullineaux (1965), shows that the soils are mapped as peat (Qlp). The native clay and sands underlying the fill at the site correlate better with the description of the nearby mapped alluvium(Qaw). 4.0 GEOLOGIC HAZARDS 4.1 Seismic The Puget Sound area falls within Seismic Zone 3, as classified by the 1997 Uniform Building Code (UBC). Based on the soil conditions encountered and the local geology, Table 16-J of the 1997 UBC, indicates that a soil profile type of SD should be used in design. We reviewed the results of our cone penetration test and assessed the potential for liquefaction of the site's soils during an earthquake. Liquefaction is a phenomenon where there is a reduction or complete loss of soil strength due to an increase in water pressure induced by vibrations. Liquefaction mainly affects loose deposits of fine-grained sands that are below the groundwater table. We conducted our analysis using methods outlined in Ground Motions and Soil Liquefaction During Earthquakes, by Seed and Idriss (1982). Loose, becoming medium dense saturated sand to silty sand underlies the site at depths ranging between 10 and 18 feet below existing site grades. Analysis indicates that the portion of this soil layer between depths of 10 and 15 feet could liquefy if subjected to ground motions from a severe seismic event (magnitude 6.0 or greater). We do not believe building foundations would be subject to a bearing capacity failure. However, total building settlements ranging up to two inches could result upon dissipation of excess pore pressures generated during a seismic event. Page No. 3 March 5, 1999 Project No. T-3062-3 5.0 DISCUSSION AND RECOMMENDATIONS 5.1 General From a geotechnical perspective, it is our opinion that it will be feasible to construct the restaurant building on the site, provided the recommendations presented in this report are incorporated into the project design and construction. The primary geotechnical concern at the site is the presence of loose to medium dense saturated sandy soils encountered between depths of 10 and 15 feet below the existing site grades. As discussed above, ground settlements ranging up to two inches could result from shaking during a severe earthquake. The building may utilize conventional spread footing foundations and slab-on-grade floors constructed on the existing dense fills. If this foundation option is chosen, the owner must be willing to accept the risk of the potential liquefaction-related settlements and associated adverse impacts to on-site structures. If the owner is unwilling to accept the risk of liquefaction-related settlements, the building foundations and floor slabs should be supported on timber piles or drilled aggregate piers (GEOPIERSTM). Pile or aggregate pier support will mitigate potential building settlements related to soil compression and liquefaction. The following sections provide detailed recommendations regarding the above issues and other geotechnical design considerations. These recommendations should be incorporated into the final design drawings and construction specifications. 5.2 Site Clearing and Subgrade Preparation • To prepare the site for construction, all asphalt from the existing parking lot should be stripped and removed from the site. The existing fills consist of sand and silty sand that are sensitive to moisture conditions. Care should be taken to insure that the exposed surfaces of the existing fills do not become disturbed due to weather and construction traffic. It may be necessary to protect foundation and slab areas with a layer of crushed rock to guard against soil degradation. The ability to use the fill soil as structural fill will depend on its moisture content and the prevailing weather conditions at the time of construction. When the moisture content is excessive, the soil can be dried by aeration. Alternatively, an additive, such as lime or cement, can be used to accelerate the drying process and provide a more stable and workable soil. Page No. 4 March 5, 1999 Project No.T-3062-3 If building excavations are planned during the wet winter months, and the on-site soils become too wet to achieve adequate compaction, the owner should be prepared to import wet weather structural fill where required. For this purpose, we recommend importing a granular soil that meets the following grading requirements: U.S. Sieve Size Percent Passing 3 inches 100 No. 4 75 maximum No. 200 5 maximum* *Based on the 3/4-inch fraction Prior to use, Terra Associates, Inc. should examine and test all materials imported to the site for use as structural fill. Structural fill should be placed in uniform loose layers not exceeding 12 inches and compacted to a minimum of 95 percent of the soil's maximum dry density as determined by ASTM Test Designation D- 698 (Standard Proctor). The moisture content of the soil at the time of compaction should be within two percent of its optimum, as determined by this same ASTM standard. In non-structural areas or for backfill in utility trenches in pavement areas below a depth of 4 feet, the degree of compaction can be reduced to 90 percent. 5.3 Foundation Alternatives Spread Footings If the above-described potential settlements due to liquefaction are acceptable, the restaurant building may be constructed with conventional spread footings and slab-on-grade floors. We recommend constructing the footings on undisturbed subgrades consisting of the dense existing sandy fills, or on structural fill placed on these soils. We recommend designing foundations for a net allowable bearing capacity of 2,000 psf. For short-term loads, such as wind and seismic, a one-third increase in this allowable capacity can be used. With the expected loads and this bearing stress applied, total and differential building settlements due to the imposed static loads ranging up to one inch and three-fourth inch, respectively, will occur at the site. The estimated total settlements related to liquefaction are as noted above. Page No. 5 March 5, 1999 Project No.T-3062-3 A base friction coefficient of 0.4 can be used for designing foundations to resist lateral loads. Passive earth pressures acting on the side of the footing can also be considered for resisting lateral loads. We recommend calculating this lateral resistance using an equivalent fluid weight of 350 pounds per cubic foot (pcf). We do not recommend including the upper 12 inches of soil in this computation because it can be affected by weather or disturbed by future grading activity. This value assumes the foundation will be constructed neat against competent native soil or backfilled with structural fill as described in the Site Clearing and Subgrade Preparation section of this report. The passive value recommended includes a safety factor of 1.5. Timber Piles If the potential settlements described in the preceding sections of this report are not acceptable, we recommend that the building be supported on a foundation system that transfers building loads below the liquefiable sand layers. To accomplish this, one suitable option is to use driven timber piles for building foundation and slab support. We estimate that timber piles having a minimum tip diameter of eight inches will achieve an allowable axial load of 20 tons when driven to minimum tip elevations of 25 to 30 feet below the existing surface grades. This allowable axial load takes into account potential negative loading caused by downdrag on the pile due to consolidation of the organic layer under building fill and floor slab loads. Full axial capacity can be used provided the piles are spaced at a minimum of three pile diameters. Closer spacing in pile groups will require a reduction in the single pile capacity. This reduction will depend on the number of piles in the pile group and the spacing used. For resistance to lateral loading, a lateral pile capacity of six tons can be used in the foundation design. Estimated total pile settlements are one-fourth inch and less. To successfully install timber piles at the site, it will probably be necessary to predrill the upper four to five feet of existing fill soils. The pile driving hammer used to install the piles should have sufficient energy to drive the piling to the estimated tip elevation without damage to the pile. For this purpose, we recommend that the pile driving equipment have a minimum rated energy of 15,000 foot-pounds with an efficiency factor of at least 70 percent. We do not believe that vibrations during pile driving will cause damage to nearby structures. However, it may be prudent to contact adjacent businesses regarding potential impacts due to noise and slight vibrations occurring during pile driving. We recommend that prior to ordering production piles and their installation, a minimum of three test piles be driven at the site to verify anticipated tip elevations and establish driving criteria for use in evaluating production pile capacities. The test piles should be driven with the same equipment that will be used in the production pile installations. Page No. 6 March 5, 1999 Project No. T-3062-3 GEOPIERSTM In our opinion, GEOPIERSTM would be an acceptable alternative to timber pile foundations for mitigating potential settlements at the site. Geopiers consist of aggregate columns that are densely compacted in predrilled holes. The procedure improves the foundation subgrade by effectively pre- stressing the soil both vertically and horizontally and by providing a supporting column of structural fill that extends below the loose silty sand layers. Conventional spread footing foundations with slab-on- grade floors can then be constructed on the Geopiers. We expect that Geopier tip elevations will be approximately 25 feet below the existing site grades. Casing will likely be required to stabilize the saturated sands during drilling of the pier shafts. Exclusive rights to design and build Geopiers are held by GEOPIER Foundation Company. The local contact for them is Mr. James W. Johnson in Vancouver, Washington. He can be reached at (360) 254- 4907. 5.4 Slab-on-Grade Floors Slabs-on-grade may be supported on the subgrade prepared as recommended in the Site Clearing and Subgrade Preparation section of this report. Immediately below the floor slab, we recommend placing a four-inch thick capillary break layer of clean, free-draining sand or gravel that contains less than three percent by weight of material passing the No. 200 sieve. This material will reduce the potential for upward capillary movement of water through the underlying soil and subsequent wetting of the floor slab. Where moisture by vapor transmission is undesirable, a durable plastic membrane should be placed on the capillary break layer. The membrane should be covered with two inches of clean, moist sand to guard against damage during construction and to aid in the curing of the concrete. 5.5 Drainage Surface Final exterior grades should promote free and positive drainage away from the site at all times. Water must not be allowed to pond or collect adjacent to foundations or within the immediate building area. With the exception of paved locations adjacent to buildings, we recommend providing a gradient of at least two percent for a minimum distance of ten feet from the building perimeter. In paved locations, a minimum gradient of one percent should be provided, unless provisions are included for collection and disposal of surface water adjacent to the structure. Page No. 7 March 5, 1999 Project No.T-3062-3 Subsurface We recommend installing perimeter foundation drains. Roof and foundation drains should be tightlined separately to the storm drains. Subsurface drains must be laid with a gradient sufficient to promote positive flow to a controlled point of approved discharge. All drains should be provided with cleanout points at easily accessible locations. A detail showing typical footing drain installation is shown on Figure 5. 5.6 Utilities Utility pipes should be bedded and backfilled in accordance with American Public Works Associates (APWA) or the City of Renton specifications. As a minimum, trench backfill should be placed and compacted as structural fill as described in the Site Clearing and Subgrade Preparation section of this report. If the spread footing foundation alternative is chosen for support of the structure, we recommend incorporating flexible joints in design of utility connections. 5.7 Pavements Pavements should be constructed on subgrades prepared as described in the Site Clearing and Subgrade Preparation section of this report. Regardless of the degree of relative compaction achieved, the subgrade must be firm and relatively unyielding before paving. Proofrolling the subgrade with heavy construction equipment should be completed to verify this condition. The pavement design section is dependent on the supporting capability of the subgrade soils and the traffib conditions to which it will be subjected. As we understand, traffic will mainly consist of light passenger and commercial vehicles with only occasional heavy traffic. Based on this information, with a stable subgrade prepared as recommended,we recommend the following pavement sections: • Two inches of asphalt concrete(AC)over four inches of crushed rock base(CRB) • Two inches of AC over three inches of asphalt treated base(ATB) The paving materials used should conform to the Washington State Department of Transportation (WSDOT)specifications for Class B asphalt concrete,CRB, and ATB. Page No. 8 March 5, 1999 Project No. T-3062-3 6.0 ADDITIONAL SERVICES Terra Associates, Inc. should review the final design and specifications in order to verify that earthwork recommendations have been properly interpreted and incorporated into project design and construction. We should also provide geotechnical services during construction in order to observe compliance with the design concepts, specifications, and recommendations. This will allow for design changes if subsurface conditions differ from those anticipated prior to the start of construction. 7.0 LIMITATIONS We prepared this report in accordance with generally accepted geotechnical engineering practices. This report is the property of Terra Associates, Inc. and is intended for specific application to the Ruby Tuesday Restaurant project located in Renton, Washington. This report is for the exclusive use of Merrick Lentz Architect and their authorized representatives. The analyses and recommendations presented in this report are based on data obtained from the borings advanced on-site. Variations in soil conditions can occur, the nature and extent of which may not become evident until construction. If variations appear evident, Terra Associates, Inc. should be requested to reevaluate the recommendations in this report prior to proceeding with construction. Page No. 9 TYL N \10 m :1.1/,‘; \...••;..:\i /ja‘ -'''Ntti i p)4 "..... 3 94 - kat? 1; \\-----r ..- 20 • s �• S 4 sw to •' r, E'="�AISrn ,„ < Q 2W Ii.' ^� <_2- 516TNsT a c .. 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'2067H STIk. �� Ir—t\�' ST I �, a• 11 SAI le Y:1Eu6n,�ea,< 71 6, =i: _ �, I:'. R TERENCE: THE THOMAS GUIDE, KING COUNTY, WASHINGTON, PAGES 655, 656, 685 AND 686, 1999 EDITION. VICINITY MAP j— :e?!.1. TERRA RUBY TUESDAY RESTAURANT \�• . ••• ASSOCIATES RENTON, WASHINGTON • ' ' otechnical Consultants Proj.No. 3062-3 Date MAR. 1999 Figure 1 I Y _ TRASH ENCLOSURE . ( W W W W W W W PROPOSED WW X W RUBY TUESDAY'S '. W RESTAURANT W • : d W T-I ( 30 APPoROXIMATE SCALE 30 60 feet I W d W W W W W W W W W W LEGEND: W W W W W W 4- APPROXIMATE CONE PENETROMETER TEST LOCATION W W W W W W W W i REFERENCE: c THIS SITE PLAN WAS ELECTRONICALLY RECREATED FROM A FACSIMILE OF A SITE PLAN PROVIDED BY CLIENT, FACSIMILE DATED 2/2/99. DUE TO DISTORTION COMMON WITH THIS PROCESS, ALL LOCATIONS .4 : ) AND DIMENSIONS ARE TO BE CONSIDERED APPROXIMATE. EXISTING DRIVEWAY EXPLORATION LOCATION PLAN Egoistal TERRA RUBY TUESDAY RESTAURANT taiseas ASSOCIATES RENTON, WASHINGTON Geotechnical Consultants Proj.No. 3062-3 Date MAR. 1999 I Figure 2 Cone Penetration Test - CPT-1 Test Date:February 10,1999 Operator :Northwest Cone Explorations Ground Surf.Elev.:0.00 Water Table Depth:8.00 Location :Ruby Tuesday Restaurant Qt(tsf) Fr. Ratio (%) PWP (tsf) Dr(%) N1(60) (blows/ft) 00 60 120 180 240 300 0 1 2 3 4 5 -1 0 1 2 3 4 0 20 40 60I 80 100 0 10 20 30 40 50 4 ^��► i 8 . I 12 I 16 ' N 4 c C 20 di ...sr. ask 24 28 . ir1 32 — 'r— r 36 — a .. 40 After lefferiee and Davies(1993) Qt normalized for Fr Ratio=100'F/(QhSignev) unequal end area effects Gamma=110.1 pcf PROJECT NO.3062-2 DATE February 11,1999 DRAWN BY:Keith Brown TERRA ASSOCIATES, Inc. FIGURE 3 CPT-1 SOIL LOG Logged by: NWC Date: 2/10/99 Approximate Elev. Consistency/ a Estimated Moisture Soil Description Relative Depth E N60 Content Density (ft.) (%) Pre-drilled to a depth of 4 feet.No cone data. - FILL:sand to silty sand. Dense — 5 34 Loose _ 6 Clay. Soft - 3 Sandtosiltysand. Loose - 10 7 Medium _ 11 Dense — 15 _ 13 Silty sand to silty clay. Soft - 5 —20 20 Sand to silty sand. Medium —25 28 Dense _ 23 —30 25 Silty sand to sandy silt. - 4 Loose - 35 4 Sand to silty sand. Loose - - 7 Medium Dense - 15 Terminated at 40 feet. Groundwater indicated at 7 feet. BORING LOG TERRA RUBY TUESDAY RESTAURANT ASSOCIATES RENTON, WASHINGTON Geotechnical Consultants Proj. No. T-3062-3 Date MAR 1999 Figure 4 BUILDING SLAB • ? . \ COMPACTED': \ N/ STRUCTURAL ,::::: . `/` ° \/ BACKFILL ';::- • l 0 .0 .G, \" 4 a . • ••� \ a ° Ole° a. , 4" PERFORATED PIPE WASHED ROCK NOT TO SCALE TYPICAL FOOTING DRAIN DETAIL mis, TERRA RUBY TUESDAY RESTAURANT t .listoruas ASSOCIATES RENTON, WASHINGTON Geotechnical Consultants Proj.No. 3062-3 Date MAR. 1999 Figure 5 9( _o(oo(q) PRELIMINARY DRAINAGE REPORT RUBY TUESDAY RESTAURANT 4100 Block of East Valley Road " Renton, Washington The site, approximately 0.82 acres is located directly south of the proposed Black Angus Restaurant,which is located within the northeastern corner of the existing ACT III Theatre site in the City of Renton (See Site Map). The Ruby Tuesday Restaurant site will include a building area of approximately 4,670 square feet with a 310 square foot dumpster pad, with the remaining area designated as parking and landscape areas. The ACT III Theatre basin, 13.23 acres, was designed with a biofiltration swale and combination detention/water quality facility that includes the proposed Ruby Tuesday Restaurant site area. The facilities were designed per the 1992 edition of the King County Surface Water Design Manual(See Drainage Calculations for ACT III Theatres). In the designated Ruby Tuesday Restaurant site area, the existing conditions include all impervious parking area with 6 landscaped islands. The proposed development will not add any additional impervious surface; actually, the proposed development will include the construction of additional landscaped pervious areas. Since the ACT III Theatre site was designed to include the Ruby Tuesday Restaurant site, additional detention/water quality will not be required. �P�NNNG 0,2‘�cN c 0 o c poQ `` tt�Q G. T.RE INAS,,,r4 t;, i '; itt ANAL 4. lExi s 6/2/90 I Treece& Company Page 1 • HDA File No. 9566.00 DRAINAGE CALCULATIONS FOR ACT HI THEATRES CITY OF RENTON, WASHINGTON Prepared By: Bryant O. Mercil, P.E. HORTON DENNIS & ASSOCIATES, INC. * f 320 Second Avenue South ��F O.• �',�'- Kirkland, Washington 98033-6687 440 �I cnr Phone: (206) 822-2525 ���� �` z� Fax: (206) 822-8758 `n 1 ( ,- K May 15, 1995 $11 !�'CtsT RSq ti�� Revised July 14, 1996 ' '4 'ONAL E� Revised August 8, 1996 6f g�qE [EXPIRES A/27/Re 1 TABLE OF CONTENTS Introduction: 1 Summary of Results: 2 Basin Summaries: 5 Detention Basin Design Data: 9 Water Quality: 11 Drainage Area Map: 17 INTRODUCTION The following computations present the preliminary design of a stormwater detention system for the proposed Act III Theater Facility. The proposed 12.28 acre development, comprised of a 56,896 square foot theatre with 13 screens and 3,584 seats, is located on the west side of East Valley Highway, north of SW 41st Street in the City of Renton. EXISTING DRAINAGE CONDITIONS The project site is presently a vacant parcel (Lot 3 of the Northern Railroad Binding Site Plan No. 014-92). The parcel was filled approximately 18 years ago. The existing ground cover consists mainly of grasses in poor condition over the fill material. The western portion of the parcel has several low areas identified during early project review as wetland areas with low functional values. The site generally drains from east to west to the wetland areas at an average slope of 0.25 percent. The runoff curve number and time of concentration for the pre developed condition were obtained from the preliminary drainage calculations, prepared by Bush, Roed and Hitchings in support of the site plan application for the Pace warehouse development (SP-005-92). A copy of the preliminary calculations has been provided at the end of this report. PROPOSED DRAINAGE CONDITIONS Runoff from the parking area in front of the proposed building will be conveyed in a storm drain pipe system to a grass-lined swale in the proposed wetland buffer at the rear of the building. The swale has been designed with a flat slope to promote water quality through ponding prior to discharge into the detention basin. The swale will outfall into the first of three water quality ponds. These ponds have been designed using the methodologies for a combined water quality / detention basin as outlined in the 1992 edition of the King County Stormwater Management (SWM) Manual. While the above mentioned grass lined swale will provide some water quality benefits, site constraints precluded the design of a bio-filtration swale meeting the requirements of the King County SWM Manual. To compensate for use of a smaller swale, additional storage has been provided in the proposed water quality ponds. Additional water quality storage has also been provided to compensate for paved areas downstream of the proposed facility. Calculations for pond surface area and volume are detailed on page 13 of this report. 1 F • The proposed detention basin has been designed to maximize the volume available for storage of excess storm water runoff while maintaining the hydrology of the existing and proposed wetland areas. The detention basin has been designed to release flows at or below the pre developed rates for the 2, 10, and 100 year storms per city of Renton standards. Detention storage has also been provided for development of Lots 4 and 6 of the Burlington Northern Binding Site Plan (BSP 014- 92), immediately south of the project site. The boundaries of the proposed drainage area tributary to the detention facility as well as limits of the bypass and off site areas are delineated on the drainage area map at the end of this report. The "Waterworks" program with the Santa Barbara Unit Hydrograph(SBUH)method and King County rainfall distribution (USER 1) was used in the design of the proposed facility. Control in the detention system will be provided by the following set inside of a 54 inch diameter catch basin manhole. • A 1 inch diameter orifice with an outlet elevation of 10.87 • A 3.5 inch diameter orifice with an outlet elevation of 15.00 • A 6 inch diameter elbow with an outlet elevation of 15.50 • An 15 inch diameter restrictor with an overflow elevation of 16.50 The control structure will discharge to a 15-inch storm drain pipe. The storm drain pipe will extend approximately 450 feet west to a connection with an existing 60-inch storm drain pipe on the west side of Lind Avenue. The 60-inch storm drain pipe continues approximately 1300 feet north, then 1,000 feet east to an outfall in Springbrook Creek. 2 • SUMMARY OF RESULTS PROPOSED DETENTION SYSTEM Total Area of Project Site: 12.28 Acres Less Bypass Area: 0.60 Acres Less Bypass Area Tributary to Home Base Detention Basin: 0.26 Acres Total Area of Project Site Tributary to Detention Basin: 11.42 Acres Plus Offsite Wetland Mitigation Area: 0.28 Acres Plus Offsite Areas (Home Base and Ex. Warehouse). 0.01 Acres Plus Area of Lots 4 and 6 (BSP 014-92) Tributary to Detention Basin: 1.52 Acres Total Area Tributary to Detention Basin. 13.23 Acres 1 YEAR STORMLWATER OUALITY) Peak Discharge for Pre Developed Conditions: N/A Peak Inflow to Basin: 1.17 cfs Proposed Release Rate: 0.05cfs Design Water Surface Elevation: 14.01 Approximate Volume of Storage Provided: 14,800 cf Z YEAR STORM Peak Discharge for Pre Developed Conditions: 0.66 cfs Peak Inflow to Basin: 4.53 cfs Proposed Release Rate: 0.55 cfs Design Water Surface Elevation: 15.61 Approximate Volume of Storage Provided: 52,800 cf 10 YEAR STORM Peak Discharge for Pre Developed Conditions: 1.76 cfs Peak Inflow to Basin: 6.94 cfs Proposed Release Rate: 1.03 cfs Design Water Surface Elevation: 15.95 Volume of Storage Provided: 63,400 cf 100 YEAR STORM Peak Discharge for Pre Developed Conditions: 3.28 cfs Peak Inflow to Basin: 9.66 cfs Proposed Release Rate: 1.37 cfs Design Water Surface Elevation: 16.38 Volume of Storage Provided: 85,300 cf 3 • SUMMARY OF RESULTS HISTORY OF HYDROGRAPH ACTIVITY Date of Session: 8/8/96 11:12:34 am LPOOL 1 "WATER QUALITY STORM" B1-WQ-1 B1-WQ-1 S-4 D-4 1 Description MatchQ PeakQ Sto Dis PkStg OutQ hyd Volume . WATER QUALITY STORM 0.00 1.17 S-4 D-4 14.01 0.05 1 14819.61 cf LPOOL 2 "2 YEAR STORM" B1-EX2 B1-DEV2 S-4 D-4 2 Description MatchQ PeakQ Sto Dis PkStg OutQ hyd Volume 2 YEAR STORM 0.66 4.53 S-4 D-4 15.61 0.55 2 52822.37 cf ' LPOOL 3 "10 YEAR STORM" B1-EX10 B1-DEV10 S-4 D-4 3 Description MatchQ PeakQ Sto Dis PkStg OutQ hyd Volume 10 YEAR STORM 1.76 6.94 S-4 D-4 15.95 1.03 3 63440.51 cf LPOOL 4 "100 YEAR STORM" B1-EX100 B1-DE100 S-4 D-4 4 Description MatchQ PeakQ Sto Dis PkStg OutQ hyd Volume 100 YEAR STORM 3.28 9.66 S-4 D-4 16.38 1.37 4 85360.08 cf • BASIN SUMMARIES 5 BASIN SUMMARIES, S PRE DEVELOPED CONDITIONS BASIN ID: B1-EX2 NAME: BASIN 1, EX. 2YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 2.00 inches AREA. . : 13.23 Acres 0.00 Acres TIME INTERVAL 10.00 min CN • 81.00 0.00 TC • 60.00 min 0. 00 min ABSTRACTION COEFF: 0.20 PEAK RATE: 0. 66 cfs VOL: 0.67 Ac-ft TIME: 520 min BASIN ID: B1-EX10 NAME: BASIN 1, EX. 10YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 2.90 inches AREA. . : 13.23 Acres 0. 00 Acres TIME INTERVAL 10.00 min CN • 81.00 0.00 TC • 60.00 min 0.00 min ABSTRACTION COEFF: 0.20 PEAK RATE: 1.76 cfs VOL: 1.36 Ac-ft TIME: 490 min BASIN ID: B1-EX100 NAME: BASIN 1, EX. 100YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 3.90 inches AREA. . : 13.23 Acres 0.00 Acres TIME INTERVAL 10.00 min CN • 81.00 0.00 TC • 60.00 min 0.00 min ABSTRACTION COEFF: 0.20 PEAK RATE: 3.28 cfs VOL: 2.25 Ac-ft TIME: 490 min 6 • BASIN SUMvlARIES POST DEVELOPED CONDITIONS BASIN ID: B1-WQ-1 NAME: BASIN 1, WATER QUALITY STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 0.67 inches AREA. . : 2.87 Acres 10.36 Acres TIME INTERVAL 10.00 min CN • 81.00 98.00 TC • 39. 80 min 14.85 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 190.00 ns:0.2400 p2yr: 2.00 s:0.0100 impTcReach - Sheet L: 20. 00 ns:0.2400 p2yr: 2.00 s:0.0200 impTcReach - Sheet L: 50.00 ns:0.0110 p2yr: 2.00 s:0. 0120 impTcReach - Channel L: 990.00 kc:42.00 s:0.0038 impTcReach - Channel L: 165.00 kc:17.00 s:0.0045 PEAK RATE: 1.17 cfs VOL: 0.41 Ac-ft TIME: 480 min BASIN ID: B1-DEV2 NAME: BASIN 1, DEV. 2YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 2.00 inches AREA. . : 2.87 Acres 10.36 Acres TIME INTERVAL 10.00 min CN 81.00 98.00 TC • 39.80 min 14.85 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 190.00 ns:0.2400 p2yr: 2.00 s:0.0100 impTcReach - Sheet L: 20.00 ns:0.2400 p2yr: 2.00 s:0.0200 impTcReach - Sheet L: 50.00 ns:0.0110 p2yr: 2.00 s:0.0120 impTcReach - Channel L: 990.00 kc:42.00 s:0.0038 impTcReach - Channel L: 165.00 kc:17.00 s:0.0045 PEAK RATE: 4.53 cfs VOL: 1.68 Ac-ft TIME: 480 min BASIN ID: B1-DEV10 NAME: BASIN 1, DEV. 10YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE • USER1 PERV IMP PRECIPITATION • 2.90 inches AREA. . : 2.87 Acres 10.36 Acres TIME INTERVAL 10.00 min CN • 81.00 98.00 TC • 39.80 min 14.85 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 190.00 ns:0.2400 p2yr: 2.00 s:0.0100 impTcReach - Sheet L: 20.00 ns:0.2400 p2yr: 2.00 s:0.0200 impTcReach - Sheet L: 50.00 ns:0.0110 p2yr: 2.00 s:0.0120 impTcReach - Channel L: 990.00 kc:42.00 s:0.0038 impTcReach - Channel L: 165.00 kc:17.00 s:0.0045 PEAK RATE: 6.94 cfs VOL: 2.60 Ac-ft TIME: 480 min 7 BASIN ID: B1-DE100 NAME: BASIN 1, DEV. 100 YR STORM SBUH METHODOLOGY TOTAL AREA • 13.23 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE USER1 PERV IMP PRECIPITATION • 3.90 inches AREA. . : 2.87 Acres 10.36 Acres TIME INTERVAL 10.00 min CN • 81.00 98. 00 TC • 39. 80 min 14. 85 min ABSTRACTION COEFF: 0.20 TcReach - Sheet L: 190. 00 ns:0.2400 p2yr: 2. 00 s: 0. 0100 impTcReach - Sheet L: 20. 00 ns:0.2400 p2yr: 2.00 s:0.0200 impTcReach - Sheet L: 50.00 ns:0.0110 p2yr: 2.00 s:0. 0120 impTcReach - Channel L: 990.00 kc:42.00 s:0.0038 impTcReach - Channel L: 165.00 kc:17.00 s:0.0045 PEAK RATE: 9.66 cfs VOL: 3.65 Ac-ft TIME: 480 min 8 DETENTION BASIN DESIGN DATA 9 • • STAGE STORAGE TABLE CUSTOM STORAGE ID No. S-4 Description: PROPOSED DETENTION BASIN STAGE <----STORAGE----> STAGE <----STORAGE----> STAGE <----STORAGE----> STAGE <----STORAGE----> (ft) ---cf--- --Ac-Ft- (ft) ---cf--- --Ac-Ft- (ft) ---cf--- --Ac-Ft- (ft) ---cf--- --Ac-Ft- 13.00 0.0000 0.0000 14.20 18550 0.4258 15.40 46350 1.0640 16.60 97350 2.2348 13.10 1470 0.0337 14.30 20475 0.4700 15.50 49450 1.1352 16.70 102750 2.3588 13.20 2940 0.0675 14.40 22400 0.5142 15.60 52550 1.2064 16.80 108150 2.4828 13.30 4410 0.1012 14.50 24325 0.5584 15.70 55650 1.2775 16.90 113550 2.6067 13.40 5880 0.1350 14.60 26250 0.6026 15.80 58750 1.3487 17.00 118950 2.7307 13.50 7350 0.1687 14.70 28175 0.6468 15.90 61850 1.4199 17.10 124350 2.8547 13.60 8820 0.2025 14.80 30100 0.6910 16.00 64950 1.4910 17.20 129750 2.9787 13.70 10290 0.2362 14.90 32025 0.7352 16.10 70350 1.6150 17.30 135150 3.1026 13.80 11760 0.2700 15.00 33950 0.7794 16.20 75750 1.7390 17.40 140550 3.2266 13.90 13230 0.3037 15.10 37050 0.8506 16.30 81150 1.8629 17.50 145950 3.3506 14.00 14700 0.3375 15.20 40150 0.9217 16.40 86550 1.9869 14.10 16625 0.3817 15.30 43250 0.9929 16.50 91950 2.1109 STAGE DISCHARGE TABLE MULTIPLE ORIFICE ID No. 0-4 (USED IN DEVELOPMENT OF STAGE-DISCHARGE LIST D-2) Description: CATCH BASIN NO. 4A Outlet Elev: 10.87 Elev: 8.87 ft Orifice Diameter: 1.0000 in. Elev: 15.00 ft Orifice 2 Diameter: 3.5000 in. Elev: 15.50 ft Orifice 3 Diameter: 6.0000 in. STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> (ft) ---cfs (ft) ---cfs ' (ft) ---cfs (ft) ---c s 10.87 0.0000 12.30 0.0325 13.80 0.0465 15.30 0.2392 10.90 0.0047 12.40 0.0336 13.90 0.0472 15.40 0.2680 11.00 0.0098 12.50 0.0346 14.00 0.0480 15.50 0.2935 11.10 0.0130 12.60 0.0357 14.10 0.0488 15.60 0.6255 11.20 0.0156 12.70 0.0367 14.20 0.0495 15.70 0.7747 11.30 0.0178 12.80 0.0377 14.30 0.0503 15.80 0.8927 11.40 0.0198 12.90 0.0387 14.40 0.0510 15.90 0.9941 11.50 0.0215 13.00 0.0396 14.50 0.0517 16.00 1.0847 11.60 0.0232 13.10 0.0405 14.60 0.0524 16.10 1.1674 11.70 0.0247 13.20 0.0414 14.70 0.0531 16.20 1.2442 11.80 0.0262 13.30 0.0423 14.80 0.0538 16.30 1.3161 11.90 0.0275 13.40 0.0432 14.90 0.0545 16.40 1.3839 12.00 0.0288 13.50 0.0440 15.00 0.0552 16.50 1.4485 12.10 0.0301 13.60 0.0448 15.10 0.1609 12.20 0.0313 13.70 0.0457 15.20 0.2051 STAGE DISCHARGE TABLE DISCHARGE LIST ID No. D-4 Description: CATCH BASIN NO. 4A STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> STAGE <--DISCHARGE---> (ft) ---cfs (ft) ---cfs (ft) ---cfs (ft) ---cfs 13.00 0.0000 13.90 0.0489 14.80 0.0580 15.70 0.7700 13.10 0.0400 14.00 0.0500 14.90 0.0590 15.80 0.8733 13.20 0.0411 14.10 0.0510 15.00 0.0600 15.90 0.9767 13.30 0.0422 14.20 0.0520 15.10 0.1200 16.00 1.0800 13.40 0.0433 14.30 0.0530 15.20 0.1800 16.10 1.1600 13.50 0.0444 14.40 0.0540 15.30 0.2400 16.20 1.2400 13.60 0.0456 14.50 0.0550 15.40 0.2650 16.30 1.3200 13.70 0.0467 14.60 0.0560 15.50 0.2900 16.40 1.3850 13.80 0.0478 14.70 0.0570 15.60 0.5300 16.50 1.4500 10 WATER QUALITY 11 • WATER QUALITY Reference: King County Surface Water Design Manual BIOFILTRATION Section 1.2.3 Core Requirement No. 3 Threashold for Biofiltration: Maximum Allowable Impervious Area Subject to Vehicular Traffic, A imp• 5,000 SF Proposed Condition: Total Impervious Area Subject to Vehicular Traffic, Aim!): 290,400 SF Biofiltration is required. Because of constraints on site grading, the surface area proposed in the grass-lined swale outfall to the water quality ponds does not meet the design standards outlined in the manual. In order to compensate for the loss of biofiltration area, the proposed wetponds have been enlarged to provide additional surface area and storage volume. The calculations for the proposed wetponds are presented on the following page. 12 SPECIAL WATER QUALITY CONTROLS Section 1.3.5 Special Requirement No. 5 As outlined in the introduction, the proposed detention system outfalls to an existing storm drain pipe system in Lind Avenue for eventual discharge into Springbrook Creek, a Class 2 stream. Since the project site proposes discharge within a one mile radius of a Class 2 Stream, a wetpond is required. The engineering plans propose a three cell combination wetpond - detention basin. Since the surface area of the proposed grass lined swale could not meet the requirements outlined in the SWM Manual, additional surface area and storage volume has been proposed in the wetponds. As shown in the following calculations, the proposed wet ponds provide over four times the required wetpond surface area and over two time the required wetpond storage volume. This additional surface area and storage volume is intended to compensate for the limited surface area in the proposed grass lined swale. WETPOND DESIGN Required Water Surface Area, Awq: 3,496 SF Awq = One Percent of Impervious Area Impervious Area, Aimp: 349,600 SF Act III Project: 290,400 SF Lots 4 and 6 (BSP 014-92): 50,000 SF Access Driveway to Lind Avenue: 9,200 SF Proposed Water Surface Area, Awq: 11,900 SF Ratio of Proposed Water Surface Area to Required Water Surface Area: 3.40 Section 1.3.5(2) Storage Volume Required Storage Volume, Vwq: 17,775 CF Vwq= Total Volume of Runoff from the Mean Annual Storm Vwq= 0.408 Acre-Feet x 43,560 (See Page 4 for Storm Routing) Total Drainage Area, A. 13.48 Acres Act III Project: 11.71 Acres Lots 4 and 6 (BSP 014-92): 1.52 Acres Access Driveway to Lind Avenue: 0.25 Acres Proposed Storage Volume, Vwq: 27,350 CF Ratio of Proposed Storage Volume to Required Storage Volume: 1 54 The volume calculations for the proposed wetponds are presented on the following page. 13 8/8/96 1:13 PM WATER QUALITY PONDS VOLUME CALCUALTIONS POND NO. 1 WS Area Avg. Area Depth Inc. Volume Total Volume :levation Square Feet Square Feet Feet Cubic Feet Cubic Feet 10.00 3,500.00 0.00 3,850.00 1.00 3,850.00 11.00 4,200.00 3,850.00 5,050.00 2.00 10,100.00 13.00 5,900.00 13,950.00 • POND NO. 2 WS Area Avg. Area Depth Inc. Volume Total Volume 1.1evation Square Feet Square Feet Feet Cubic Feet Cubic Feet 10.00 2,500.00 0.00 2,800.00 1.00 2,800.00 11.00 3,100.00 2,800.00 3,750.00 2.00 7,500.00 13.00 4,400.00 10,300.00 POND NO. 3 WS Area Avg. Area Depth Inc. Volume Total Volume I levation Square Feet Square Feet Feet Cubic Feet Cubic Feet 10.00 600.00 0.00 700.00 1.00 700.00 11.00 800.00 700.00 1,200.00 2.00 2,400.00 13.00 1,600.00 3,100.00 Total Surface Area Provided. 11,900.00 Square Feet Total Volume Provided' 27,350.00 Cubic Feet 14 WQSTOI.XLS COALESCING PLATE OIL/WATER SEPARATORS Section 1.3.6 Special Requirement No. 6 Threashold for Coalescing Plate Oil/Water Separators Maximum Allowable Impervious Area Subject to Vehicular Traffic, A imp• 5.00 Acres Maximum Number of Vehicle Trips Per Day. 2,500 Trips Proposed Condition: Total Impervious Area Subject to Vehicular Traffic, Aimp: 6.67 Acres Proposed Number of Vehicle Trips Per Day: 1,272 Trips See page 15 of the Traffic Impact Analysis for the proposed theatre project (copy attached). 15 • - 05/ 31/86 11:00 FAX 206 747 3688 TRANSPO Group 002 • l• Traffic impact Ari_aysls for Act firs East Volley Chem December 15, 1995 — Table 4. Project Trip Generation Daily Trips Peak Month Peak Month Peak Month Avg Month Size Mon-Thu!) Friday' Avg Weekday' Avg Weekday' Cinema 3,584seats 1,900 2.903 2,100 1,272 Friday Peak Hour Trips Peak Month Peak Month PM Peak Hour Theater Peak Hour (4:30-5:30 p.m.) (7-8 p.m.)' Size In Out Total In Out Total Cinema 3,584 seats 148 67 215 444 309 753 f Based on average customer ticket data from Jul 110 14, 1995. 2 An/csted based on a weigt.ted average el Monday to Fridaycondrirons. 3 A usled based on average monthly ticket sales data we:Julys rlrat SAP;reoreserrtino13.75%of The pearly sates. if Project Trip Distribution and Assignment The trip distribution in the Pace Warehouse study were based on the travel fore- casting model developed by TRANSPO for the Valley Transportation Benefit Assessment Dis- trirt analysis. To derive the trip distribution for the cinema project, the Pace Warehouse distribution was adjusted based on the traffic patterns associated with the surrounding street system and review of population and employin it in and around the area. The resulting trip distribution for the Renton East Valley Cinema is shown on Figure 7. Forty (40) percent of the project traffic would be oriented to the north via Lind Avenue SW, E Valley Road, and SR 167. Another 15 percent would be oriented west via SW 43rd Street Approximately 35 percent would be oriented to areas south of the project site via E Valley Road and SR 167. The remaining 10 percent would be oriented to and from the cast via SW 43rd Street. The project-generated trips were assigned to the vicinity street system based on the distribution pattern, local travel patterns in the area. and the location of project driveways. The resulting assignment is shown in Figure 8. Sixty-eight(65) percent of the project traffic was assigned to the two driveways on E Valley Road, while 25 percent of the project traffic was assigned to the driveway on SW 41st Street. The remaining 7 percent was assigned the proposed access driveway on Lind Avenue SW. Traffic Volumes The project-generated.traf is was added to the 1996 baseline traffic volumes without the project to produce traffic volumes for 1996 with-project conditions during the weekday PM peak hour. Additionally, since the proposed project would add an access road from the site to Lind Avenue SW, a redistribution of HomeBase trips was also incorporated into the 1996 with-project traffic conditions. The resulting weekday PM peak hour volumes are shown on Figure 9. A comparison of project traffic to total traffic at study area intersections is presented in Table 6. 95351.00/JLS/95331R1 The TRANSPO Group,Inc. Page 16 16 DRAINAGE AREA MAP 17 • • I 1 1 AREA = 0.11 ACRES . "" LJ riit LOT OFF SITE AREA TRIBUTARY TO BASIN- ` sarorlrp, PLAIT!OS>.ost orarox s'ORTs7Q>< AREA = 0.002 ACRES I I H H I I [a nl[N1p1ANrSIZSTEle O"'SS AREA tal I I I l I I I I I W a rwniwr _ DRAINAGE DIVIDE LT R e I �,,.,,•.... 1 fill ' 1 O■.. IMAM A■A 1 , 6,'[_QS62 _ _ COl.allE,[PAD C9 NO.2a CB Na 27 4 . IIII ._ __ __.•_ _.. • -.. • .� _ . TI • .:�'�-yc —ter �Y • '' • k,L • • •L •..Ce• • Ly•,=.2r"-e• -•• h .•••`. .-amN i , = ---1��:_n�I 1/ 1 — 1 i� _---- - •- •.,�,. _ _ OVVASI ya,. .;.-am Alai Ni ` . r LOT 7 I WTi'A11 N0.zoA r��:.--ri !�d■ !^ :'�,�' O W I BINDING elrs PLAN TON 1 5 • - •- �! —— -- ' _m I ........... p0, a _L� 41, iii_i NAP NO.014-OS urn 111....,.-71..P,7 q.::: Z 1 sswc i a�s.sm onAraeomt,, I ■u �' %//y„-rOs an,MJ,,ossr-17vC: Trill/.11v., 1 se (r•�W $ �I DRAINAGE DIVIDE f b N 4 II > OUTFALL NO.24C ppNpKT[►/,p/q t•1. ' a OMB,- [+i rr tl� I 1 �° JAOiOYDGI LAM OEM I r-,rrxmT sDIVER OW ••///// - BYPASS AREA I ; .�r k ' .,JN MR MAAS SKY,NO,.2100}7 , 0.45 ACRES 1 +i .er�� ' tamervcm nr-1210C10 ' •y+iw• / szrsYe,•a-aa,o' ) ) 1 ' ,u•-.vc m a,.s,: 4 Tr-Irovc m•zm; a .,,,,...., sW 3gT 1 / it — In '� 1 / I. t u:nr� H $ ,., 5 4., :... No.ao i + cB NO.31 If I"' "~ sQ,AAMR•a,IAN re CONTINUATOR $+. ., / 1111'L1dL111"4 ...." �ff .� /i I COfA A; ar.oarwwr�uao,w i I a ACCESS TO WATER OJMJTY TOO s, T��•�•■rsa..:,;,n - J . �a.iFJe1aAiJn wo Nos 1�, ���a::'EoNic;;' Dt.11 ,r_,0M mgisszan STA:0s5a16-31.1, T. I TA . 1 \ - \;1 N 4 ) ` I ' I Jib.. I, / I I ii0 i 1. V/ II 0 00 /�`� F •w, r Q ,,,....i.:. , t -7 :' RV ftaM.— `• I ._ I • I, DUh 4 - ; Y, • I 1 I I I, 1 I 101 u .a • STREET �111 '� S$P. ,7, BYPASS AREA = 0.04 ACRES �I1 t` s rRN 32.00 CC WET TO ILEAo IIID s,.a* i �,.�1�. I = im.wmJ. , �,'\ � ,'' n rAnre ` e'CO.,C.90[,EMK / _I ' •.',C. / r. .. ' I ., 's.�.."" '' J I U. I . Iq-trrvc m I ` ' +:.ive —a19 a ` 1 ri 1 nr-�r►Tc m aiii 11: •I a i ;• / 1I wA,Ts,ou•,m_• 11 ,a,'-auss-u.a src..w><cnau PLANS 11:, /,d / T Q - N• -I '\ •p Np �I 'f III •r.r a o.rs -' ra ocuas sxwu ,_.{.1 CB No 1z/ ;� `" ,. ., I { •- .1. 1 ii ,B > INTAKE NO. 4F 1`.vl`Q ti\—� •�Y-,110.23 Tw �E« raa \ / �\ ` , Z 1 i �'' �� r.,..::1,.._:.. 1gI�. �' 1 • ^ ^ N0 i4 • f tv+.rn aETMs a:.•J.E FS.. I \ $ g :I�fl� ` E aJ -e ONJ 1I '' l `, �11'-,e•nc m c, _,LZP7:PlBL.� 1 i` - a LOOS , Sl I / r „ `� ,s'-a7 m t•oro onA. .�s a. SDCA N0.3a . .N. ` �' 11 � v L t.-"M�FJ.. onTatNa, ',C:�.ACQ� , , � \\\\ I Il __ � 'J� •.! 4 aw-T.maa - •a.•o : ....v St ` 1- 1 / mmi 1 • • nt111T-1 SO Q a.00.00-w C.L. L e b ' ►! ar-,me- a� - .5-e.K m a aoo: ,. �tiQ lee NO.11 sa No. / 1 iY r�o.r I r '1 II ' - - —— - .' ePRiViii 1 •r-,ram +� — -- ,a'-12 m Nt-t�'nc . T.T:' / • 6 E se,on'z5t-ax.ar L_.. _ .. �- I PVC Mi. t•—„_ �s. . to-a. —Ts��_ .irr- —��'"�• / I' a.aJ•ar //1 . 14,l. .�J s ... - - �I� ' /I1II'1y ! i I,t,:1a..61 Q 5. I OA<x+l.rt r-irpoc so �it'b TT-SAW0W;Wt[•1.en '' • ` / CB N0.4 T.T. t�,a•• ,•+' 4� CB NO.a CB NO.7 CB NO.9/ NTAK N. 9E eETM. , I wlJ.eeE-SI.e01.T. ,,.a,-,.1- H02„-11.1,-T. ` --/ CB Na.1B -- , �' 11111111 +u MI-4 i CB NO.4A ,•It NO. - 1 ter�tzvcm 1� �._11'p•� 141 I I awl eri-yww1.w-.aav Er. ACCESS 10 AMP QUALM POO ,a - -TS_ a. u•-,rrx m 'sCI-12 'C m NTAKE NO./O SEE DETM,9QET• w,eoor1-20.00' �- _ ► ,r � -. wears-ea.f.r• CB N07@sme0'1r.-re.rY I I 1e NT/JC NO 1... �r a r INTAKE NO.4C H02siJ1.,tiLT. ,teCS'o7','-lee s7/ , q•..,.-seat/ .: . + !ilk:. 2D0•-5KAllor Sa•1E•I. - _r_ r �1.�. ws•.w-.,.a1v' EX. ONE STORY CONCRETE BUILDING •� tea, ^� / V, I w •Iy DEVELOPED OFF = BYPASS AREA = 0.07 ACRES — °" /� // / ��j `. SITE AREA BYPASSING BASIN 0.25 ACRES i / eo-,: m 'L�/ , l:/ ' 0 I II DRAINAGE DIVA OFF SITE AREA TRIBUTARY TO BASIN �'' /' ' I f / % '/ -- i' I 6 B r. AREA 0.005 ACRES :Al �, �� /' /, //A ,/ / \ ,aa-, m;a: � —%aui//ua///aam�lrui/ EJ I:O!• 3 Y,,t; / A .«af fief Btri.Oaa• C�/ ota=.Y ' ._ `—a_� ate■ �// T 1 ari4 TOTAL AREA OF PROJECT SITE: 12 28 ACRES ' /I//'// ' / /I' 1 ' t ' ' / .. _0 '.MilLaaat,‘ LESS BYPASS AREA _ _ — `-- ry" - 0.60 ACRES `' s J 711� !!►���x"P LESS BYPASS AREA TRIBUTARY TO HOME BASE DETENTION BASIN. 0.26 ACRES :. � -a ,IL,,,ri ,,.,, _„= �� o5•r IIEllekik R� TOTAL AREA OF PROJECT SITE TRIBUTARY TO DETENTION BASIN . . 11.42 ACRES ° °"' 4--— �""" .�-•.le.rw•.•� �, .wh'� PLUS OFFSITE WETLAND MITIGATION AREA. . 0.28 ACRES g- ——"' �— — —t ' ■e,wb10-21.,,• PLUS OFFSITE AREAS (HOME BASE AND EX. WAREHOUSE). . 0.01 ACRES T PLUS AREA OF LOTS 4 AND 6 (BSP 014-92) TRIBUTARY TO DETENTION BASIN. . . . 1.52 ACRES LOT 6 (BSP 014-92)— Mk., ■ns..rM- DRAINAGE AREA MAP TOTAL AREA TRIBUTARY TO DETENTION BASIN 13 23 ACRES AREA = 0.76 ACRES BYPASS AREA = 0.04 ACRES FOR LOT 4 (BSP 014-92)— ACT III THEATERS S. W. 41 ST STREET AREA o.7s ACF;E SCALE: 1' ■ 100' R9 - O(oo (4) THE TRANSPO GROUP PARKING STUDY FOR THE BLACK ANGUS & RUBY TUESDAY RESTAURANTS at the East Valley Cinema Site in Renton, WA Prepared for: CNL Restaurant Services Merrick Lentz Architect Treece & Company April 12, 1999 D _LOP.'ENT PL^, :; CITY OF RENT T ON APR 1 5 1999 RECEIVED PARKING STUDY FOR THE BLACK ANGUS & RUBY TUESDAY RESTAURANTS at the East Valley Cinema Site in Renton, WA Prepared for: CNL Restaurant Services, Merrick Lentz Architect, and Treece & Company April 12, 1999 Prepared by: The TRANSPO Group, Inc. 11730 118th Ave. NE, Suite 600 Kirkland, WA 98034-7120 (425) 821-3665 FAX: (425) 825-8434 TABLE OF CONTENTS Page INTRODUCTION 1 EXISTING PARKING UTILIZATION 2 FUTURE PROJECTED PARKING UTILIZATION 3 PARKING DEMAND FOR THE PROPOSED RESTAURANTS 4 FUTURE PARKING UTILIZATION WITH THE RESTAURANTS 5 SUMMARY AND CONCLUSIONS 6 APPENDIX TABLES 1. Existing Parking Utilization Summary 2 2. Future Projected Parking Utilization 3 3. Weekday and Weekend Parking Demand Summary 4 4. Future Parking Utilization with the Proposed Restaurants 5 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 INTRODUCTION This report summarizes the results of the parking analysis for the East Valley Cinema site. The purpose of the parking analysis was the evaluate the impact of the two proposed restaurants on the existing Cinema site. The information included in this report includes the parking utilization of the existing lot, which is then used to determine if the future parking supply (minus the displaced lots for the proposed restaurant pads) is adequate to accommodate the parking required by the Cinema and two proposed restaurants. Project Description The proposed projects include the construction of two restaurants, a 6,500 gross square feet (gsf) Black Angus and a 5,000 gsf Ruby Tuesday. The Black Angus would be located in the northeast corner of the existing lot and the Ruby Tuesdays restaurant would be located on the east side of the property adjacent to East Valley Road. With the proposed restaurants, a total of 60 existing parking spaces would be displaced (39 by Black Angus, and 21 by Ruby Tuesday). Project Approach The utilization of the existing parking lot is first evaluated. The existing parking lot currently serves the East Valley Cinema with at total of 840 stalls. Second, the parking utilization of this lot is evaluated for a future condition considering the opening of the Parkway Plaza Cinemas in nearby Tukwila. Third, parking demand of the two proposed restaurants is determined, including the number of existing parking stalls that would be displaces by the two restaurant pads. Finally, the parking utilization of the lot is evaluated to determine if the parking supply (minus the displaced lots for the proposed restaurant pads) is adequate to accommodate the parking required by the Cinema and two proposed restaurants. A summary section concludes the study. M:1991992341WP199234R1 ©The TRANPO Group,Inc. 1999 Page 1 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 EXISTING PARKING UTILIZATION TRAFFICOUNT, INC. conducted a parking inventory of the East Valley Cinema site on two separate occasions to assess the existing utilization of the East Valley Cinemas parking lot. The first count was conducted from Thursday, February 4th through Saturday, February 6th. The second was conducted beginning Thursday, February 11 th and ending Saturday, February 13th. The purpose of counting the lot twice was to achieve an average demand for the cinema. The parking inventory included a count of all occupied stalls at the time of the count. To represent the peak hour conditions of the cinema lot, the counts were conducted every hour during the following days and times: Thursday: 7:00 p.m. to 9:00 p.m. -: Friday: 7:00 p.m. to 9:00 p.m. Saturday: 4:00 p.m. to 9:00 p.m. The details of the count are included in Attachment 1 of the Appendix. Using the average demand calculated from the two count periods, the existing utilization of the Cinema lot was determined. Typically, the month of February represents one of the lowest months of ticket sales for cinemas in this region. Based on patronage data from other Regal Cinemas, ticket sales during the month of February are about 14 percent less than the average monthly ticket sales throughout the year. As a result, the existing parking counts were increased by 14 percent to estimate an average monthly condition for this analysis. The parking utilization is calculated by dividing the demand by the supply. The existing parking lot has a total supply of 840 stalls. The average utilization for Thursday through Saturday is summarized in Table 1. Table 1.Existing Parking Utilization Summary1 Time Period Thursday Friday Saturday 4:00 p.m. _2 - 82% 5:00 p.m. - - 68% 6:00 p.m. - - 57% 7:00 p.m. 19 % 54% 74% 8:00 p.m. 20% 60% 83% 9:00p.m. 18% 60% 84% 1. The actual parking counts were adjusted by 14%to reflect an average monthly condition. 2. Parking inventory was not conducted for these time periods. As shown in Table 1, the utilization of the existing lot was higher on Friday and Saturday than Thursday. The existing utilization of the lot on Thursday was about 20 percent, while on Friday the maximum peak utilization was 60 percent. The peak utilization on Saturday ranged from 57 percent to 84 percent. The peak utilization of 84 percent occurred between 8:00 p.m. and 10:00 p.m. on Saturday evening. M:1991992341WP199234R1 ©The TRANPO Group,Inc. 1999 Page 2 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 FUTURE PROJECTED PARKING UTILIZATION The Parkway Plaza Cinemas, located on Southcenter Parkway in Tukwila, will be re- opening in July of 1999. Regal Cinemas, the operator of both the East Valley and Parkway Plaza Cinemas, will split the loading of films at these two sites. As such, they expect a decrease in patronage of about 20 percent at the existing East Valley Cinemas. Based on this projected decrease in patronage, a 20 percent reduction was made to the existing parking counts shown in Table 1. Table 2 summarizes the future parking utilization of the East Valley Cinemas parking lot based on the 20 percent reduction in patronage. The detailed calculations are shown in Attachment 2 of the Appendix. Table 2.Future Projected Parking Utilization Time Period Thursday Friday Saturday 4:00 p.m. _2 - 65% 5:00 p.m. - - 54 ok 6:00 p.m. - - 45% 7:00 p.m. 15% 43% 59 ok 8:00 p.m. 16% 48% 67% 9:00 p.m. 15% 48% 67% 1. Existing parking counts decreased by 20%with re-opening of the Parkway Plaza Cinemas. 2. Parking inventory was not conducted for these time periods. As shown in Table 2, the utilization of the East Valley Cinema parking is projected to be about 16 percent, while the peak utilization on Friday is anticipated to be 48 percent. The peak utilization on Saturday is projected to range from 45 percent to 67 percent. The maximum peak utilization of 67 percent is still anticipated to occur between 8:00 p.m. and 10:00 p.m. on Saturday evening. Typically for retail uses (such as cinemas and restaurants), when parking utilization reaches about 85 to 90 percent, it is considered to be approaching capacity. This is mainly due to turn-over rates and circulation patterns. Since the maximum parking utilization is projected to be less than the 85 to 90 percent threshold (84 percent on Saturday evenings), the existing parking lot is expected to continue to meet the future parking demand. M:199199234IWP199234R1 ©The TRANPO Group,Inc. 1999 Page 3 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 PARKING DEMAND FOR THE PROPOSED RESTAURANTS To estimate the parking impacts of the proposed Black Angus and Ruby Tuesday restaurants on the parking supply at the East Valley Cinema lot, the parking demand for each restaurant were determined. This was done using two industry-established resources that are typically used in parking analyses. The first resource, related to parking demand, is the Institute of Transportation Engineers' (ITE) Parking Generation manual, 2nd Edition, 1991. The second resource, called Shared Parking, published by the Urban Land Institute (ULI), is used to estimate the hourly parking accumulation. The peak weekday and weekend parking demand were estimated from the Parking Generation manual using the rate for land use #831, Quality Restaurants. The rates included in the manual are typically based on the size of the restaurant. To account for internalization of trips (shared trips) between the restaurants and the cinema, the peak hour demand was reduced by 20 percent during the weekdays and 30 percent on the weekend. The ULI's Shared Parking report was then used to establish the hourly accumulation of parking stalls for each of the restaurants. Based on this information, Table 3 was prepared, which summarizes the parking accumulation for the restaurants. The detailed calculations are also included in Attachment 3 of the Appendix. Table 3. Weekday and Weekend Parking Demand Summary Weekday Parking Demand Weekend Parking Demand Time Black Angus Ruby Tuesday Total Black Angus Ruby Tuesday Total 4:00 p.m. 33 25 58 33 25 58 5:00 p.m. 47 35 81 44 33 78 6:00 p.m. 60 45 105 67 50 117 7:00 p.m. 66 50 116 70 53 123 8:00 p.m. 66 50 116 74 56 130 9:00 p.m. 66 50 116 74 56 130 As shown in Table 3, the peak demand for both restaurants combined is 116 parking stalls on the weekday (Thursday and Friday) and 130 stalls on the weekend (Saturday). As will be described in the next section, these two restaurants will displace 60 parking stalls on the existing East Valley Cinema parking lot. M:199199234IWP199234R1 ©The TRANPO Group,Inc. 1999 Page 4 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 FUTURE PARKING UTILIZATION WITH THE RESTAURANTS The parking utilization with the two proposed restaurants was calculated by adding the weekday and weekend parking demand for the proposed restaurants to the future projected parking demand for East Valley Cinemas. In addition, 60 of the existing 840 parking stalls will be displaced as a result of the proposed restaurants. With 60 less parking stalls, the existing 840-stall parking lot would have a total of 780 stalls. Table 4 summarizes the utilization of the parking lot with the two restaurants. For comparison purposes, the future projected utilization without the restaurants is also included in the table. More detailed information regarding these calculations are also included in Attachment 4 of the Appendix. Table 4. Future Parking Utilization with the Proposed Restaurants Future Parking Utilization without Restaurants Future Parking Utilization with Restaurants Time Thursday Friday Saturday Thursday Friday Saturday 4:00 p.m. -1 - 65% - - 78% 5:00p.m. - - 54% - - 68% 6:00p.m. - - 45% - - 64% 7:00 p.m. 15% 43% 59% 31 % 63% 80% 8:00p.m. 16% 48% 67% 32% 67% 89% 9:00 p.m. 15% 48% 67% 31 % 66% 89% 1.Parking inventory not conducted for this these time periods. As shown in Table 4, the peak utilization on Thursday is expected increase from 16 percent to 32 percent with addition of the two restaurants and the 60 displaces parking stalls. On Friday, the peak utilization, which occurs during the 8:00 p.m. hour, would increase from 48 percent to 67 percent. On Saturday, the peak utilization, which occurs from 8:00 p.m. to 10:00 p.m., is expected to increase from 67 percent to 89 percent. This means that during the two- hour Saturday evening peak time, parking demand would be at or near capacity since the utilization falls within the 85 percent to 90 percent range. Once the parking utilization reaches this level, people may try to find other convenient and available locations to park. M:199199234IWPI99234R1 ©The TRANPO Group,Inc. 1999 Page 5 Parking Study for the Black Angus and Ruby Tuesday Restaurants April 12, 1999 SUMMARY AND CONCLUSIONS Typically for retail uses (such as cinemas and restaurants), once parking utilization reaches about 85 to 90 percent, it is considered to be at capacity. This is mainly due to turn- over rates and circulation patterns. The parking analysis conducted for this study indicated that the parking demand would only reach this level for a two-hour period on Saturday evenings. During all other times throughout a typical week, the existing East Valley Cinema parking lot is expected to accommodate the future parking demand for the restaurants and Cinema since the parking utilization would not exceed 80 percent. The peak utilization of the lot is expected to be 89 percent during the two-hour Saturday evening peak period (8:00 to 10:00 p.m.). This peak parking utilization falls within the 85 to 90 percent range of parking capacity. Although some people may try to find other convenient and available locations to park during the Saturday evening peak, the parking supply is expected to meet the future parking demand of the restaurants and Cinema. M:199199234IWP199234R1 ©The TRANPO Group,Inc. 1999 Page 6 Appendix Attachments 1 through 4 Attachment 1 • Existing Parking Survey Results - East Valley Cinema Parking Lot Thursday February 4th-6th Increase for Thursday Thur. Demand Thursday Friday Fri. Demand Friday Saturday Sat. Demand Saturday Parking Seasonal Demand Adjusted Utilization Demand Adjusted Utilization Demand Adjusted Utilization Time Supply Adjustment(1) (Raw) Seasonally (%) (Raw) Seasonally (%) (Raw) Seasonally (%) 4:00 PM 840 14% - - - - - - 652 743 88% 5:00 PM 840 14% - - - - - - 543 619 74% 6:00 PM 840 14% - - - - - - 460 524 62% 7:00 PM 840 14% 157 179 21% 461 526 63% 577 658 78% 8:00 PM 840 14% 143 163 19% 470 536 64% 633 722 86% 9:00 PM 840 14% 138 157 19% 493 562 67% 642 732 87% Thursday February 11th-13th Increase for Thursday Thur. Demand Thursday Friday Fri. Demand Friday Saturday Sat.Demand Saturday Parking Seasonal Demand Adjusted Utilization Demand Adjusted Utilization Demand Adjusted Utilization Time Supply Adjustment(1) (Raw) Seasonally (%) (Raw) Seasonally (%) (Raw) Seasonally (%) 4:00 PM 840 14% - - - - - - 554 632 75% 5:00 PM 840 14% - - - - - - 455 519 62% 6:00 PM 840 14% - - - - - - 378 431 51 7:00 PM 840 14% 117 133 16% 338 385 46% 516 588 70% 8:00 PM 840 14% 151 172 20% 418 477 57% 596 679 81% 9:00 PM 840 14% 130 148 18% 386 440 52% 599 683 81% Average of Both Count Periods Increase for Thursday Thur. Demand Thursday Friday Fri. Demand Friday Saturday Sat. Demand Saturday Parking Seasonal Demand Adjusted Utilization Demand Adjusted Utilization Demand Adjusted Utilization Time Supply Adjustment(1) (Raw) Seasonally (%) (Raw) Seasonally (%) ° ) 4:00 PM 840 14% - - - - - - (Raw)603 Seasonally 82% 5:00 PM 840 14% - - - - - - 499 569 68% 6:00 PM 840 14% - - - - - - 419 478 57% 7:00 PM 840 14% 137 156 19% 400 455 54% 547 623 74% 8:00 PM 840 14% 147 168 20% 444 506 60% 615 701 83% 9:00 PM 840 14% 134 153 18% 440 501 60% 621 707 84% Footnotes (1)The existing parking counts were increased by 14 percent to reflect February counts,which are typically 14 percent less than average monthly patrons. (Source:Regal Cinemas 1998 patronage) M:/99/99234/excel/Parking Utilization.xls-Attachment 1 The TRANSPO Group, Inc 4/12/99 Attachment 2 Future Projected Parking Analysis - East Valley Cinema Parking Lot Thursday February 4th-6th Current Decrease due to Seasonally Seasonally Seasonally Thursday Friday Saturday Projected Projected Projected Parking Parkway Plaza Adjusted Thursday Adjusted Friday Adjusted Saturday Projected Projected Projected Thursday Friday Saturday Time Supply Cinemas(1) Demand(2) Demand(2) Demand(2) Demand(3) Demand(3) Demand(3) Utilization(%) Utilization(%) Utilization(%) 4:00 PM 840 20% - - 743 - - 595 - - 71% 5:00 PM 840 20% - - 619 - - 495 - - 59% 6:00 PM 840 20% - - 524 - - 420 - - 50% 7:00 PM 840 20% 179 526 658 143 420 526 17% 50% 63% 8:00 PM 840 20% 163 536 722 130 429 577 16% 51% 69% 9:00 PM 840 20% 157 562 732 _ 126 450 586 15% 54% 70% Thursday February 11th-13th Current Decrease due to Seasonally Seasonally Seasonally Thursday Friday Saturday Projected Projected Parking Parkway Plaza Adjusted Thursday Adjusted Friday Adjusted Saturday Projected Projected Projected Thursday Friday Friday Time Supply Cinemas(1) Demand(2) Demand(2) Demand(2) Demand(3) Demand(3) Demand(3) Utilization(%) Utilization(%) Utilization(%) 4:00 PM 840 20% - - 632 - - 505 - - 60% 5:00 PM 840 20% - - 519 - - 415 - - 49% 6:00 PM 840 20% - - 431 - - 345 - - 41% 7:00 PM 840 20% 133 385 588 107 308 471 13% 37% 56% 8:00 PM 840 20% 172 477 679 138 381 544 16% 45% 65% 9:00 PM 840 20% _ 148 440 683 119 352 546 14% 42% 65% Average of Both Count Periods Current Decrease due to Seasonally Seasonally Seasonally Thursday Friday Saturday Projected Projected Parking Parkway Plaza Adjusted Thursday Adjusted Friday Adjusted Saturday Projected Projected Projected Thursday Friday Friday Time Supply Cinemas(1) Demand(2) Demand(2) Demand(2) Demand(3) Demand(3) Demand(3) Utilization(%) Utilization(%) Utilization(%) 4:00 PM 840 20% - - 687 - - 550 - - 65% 5:00 PM 840 20% 569 - 455 - - 54% 6:00 PM 840 20% - - 478 - - 382 - - 45% 7:00 PM 840 20% 156 455 623 125 364 498 15% 43% 59% 8:00 PM 840 20% 168 506 701 134 405 560 16% 48% 67% 9:00 PM 840 20% 153 501 707 122 401 566 15% 48% 67% Footnotes (1)Regal Cinemas anticipates a 20 percent reduction in patronage due to the opening and joint operation of the Parkway Plaza Cinemas in Tukwila. (2) From calculations shown in Attachment 2 (3)Projected demand includes both seasonal adjustments and adjustments as a result of the Parkway Plaza Cinemas. M:/99/99234/excel/Parking Utilization.xls-Attachment 2 The TRANSPO Group, Inc 4/12/99 Attachment 3 . Parking Demand Calculations for the Black Angus and Ruby Tuesday Restaurants Restaurant: iz Black Angus 6.65 gsf(1000) Ruby Tuesday 4.995 gsf(1000) Hourly Demand (Percent) (1) Black Angus Ruby Tuesday Total Restaurant Demand Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 4:00 PM 50% 45% 33 33 25 25 58 58 5:00 PM 70% 60% 47 44 35 33 81 78 6:00 PM 90% 90% 60 67 45 50 105 117 7:00 PM 100% 95% 66 70 50 53 116 123 8:00 PM 100% 100% 66 74 50 56 116 130 9:00 PM 100% 100% 66 74 50 56 116 130 _ Parking Demand Rate(2) 12.49 15.89 83 106 62 79 145 185 Internalization Reduction (3) 20% 30% -17 -32 -12 -24 -29 -56 Total Parking Demand 66 74 50 56 116 130 Footnotes' (1)Hourly parking accumulation based on ULI's Shared Parking 1987. (2)Based on ITE Parking Generation,2nd Edition. (3)Internalization reflects a reduction in parking demand based on the shared use of the restaurants and the cinema. M:/99/99234/excel/Parking Utilization.xls-Attachment 3 The TRANSPO Group, Inc 4/12/99 Attachment 4 Future Projected Parking Utilization with the two Proposed Restaraunts Future Demand (stalls)(1) Additional Demand for Restaurants(2) Total Demand with Restaurants(3) Future Resulting Parking Utilization(4) Time Thursday Friday Saturday Thursday Friday Saturday Thursday Friday ( Saturday— Supply Thursday Friday Saturday 4:00 PM - - 550 - - 58 - - I 608 780 - 78% 5:00 PM - - 455 - - 78 - - 533 780 - - 68% 6:00 PM - - 382 - - 117 _ - - I 499 780 - - L 64% 7:00 PM 125 364 498 116 116 123 241 481 621 780 31% 62% 80% 8:00 PM 134 405 560 116 116 130 250 i 521 , 690 780 32% 67% 89% 9:00 PM 122 401 ' 566 116 116 130 239 517 696 780 31% I 66% 89% Footnotes: (1)The future parking demand accounts for the opening of the Parkway Plaza cinemas in Tukwilla,which results in a projected 20%decrease in existing patronage. (See Attachment 2) (2)Attachment 3 shows the additional parking demand for the restaurants. (3)Total demand is the projected future demand(1)plus the restaurants demand(2). (4)Existing parking supply is 840 stalls on the Cinema site. The restaurants would displace a total of 60 stalls,resulting in a total supply of 780 parking stalls. The Utilization calculations are based on the resulting parking supply of 780 parking stalls. M:/99/99234/excel/Parking Utilization.xls-Attachment 4 The TRANSPO Group, Inc 4/12/99 f • The Trnspo Group 11730 118TH AVENUE NE SUITE 600 KIRKLAND, WA 98034-7120 TEL 425. 821. 3665 FAX 425. 825. B434 611- ocoo SUPPLEMENTAL NO . 3 • hlF: ut . • y First American Title Insurance Company REGIONAL COMMERCIAL DIVISION 2101 FOURTH AVENUE, SUITE 800 * SEATTLE, WASHINGTON 98121-9977 COMMERCIAL TITLE OFFICER: MIKE N. COOPER PHONE : (206) 728-7229 COMMERCIAL TITLE OFFICER: LANCE LEWIS PHONE : (206) 615-3257 COMMERCIAL TITLE OFFICER: ROB RANCOURT PHONE : (206) 728-7234 FAX NO. : (206) 448-6248 SUPPLEMENTAL REPORT OUR ORDER NO. 400113 YOUR LOAN/ESCROW NO. ACT III-RENTON EASTGATE/CNL TO : MARTIN PETERSON & ASSOCIATES 110 CHERRY ST #200 SEATTLE, WA 98101 ATTN: MARTIN PETERSONTON CC : CB RICHARD ELLIS COMMERCIAL REAL ESTATE 1420 FIFTH AVENUE, #1700 SEATTLE, WA 98101 ATTN: JERRY FORELL CC: CNL RESTAURANT SERVICE, INC. 10551 COWAN HEIGHTS DR. SANTA ANA, CA 92705 ATTN: HERB MARTIN CC : CNL RESTAURANT SERVICES, INC. 26881 CALLE MARIA D`, ELOPT"!TF' ^,. MISSION VIEJO, CA 92691 CITY OF h`- 4 ATTN: WADE GONZALEZ APR 1 '► � CC : WILLIAMS, KASTNER & GIBBS 601 UNION STREET, RECEIVED SUITE 4100 SEATTLE, WA 98111 ATTN: MARK SCHEDLER CC : TREECE & ASSOCIATES 320 2ND AVENUE SOUTH, SUITE 200 KIRKLAND, WA 98033 ATTN: BART TREECE (CONTINUED) SUPPLEMENTAL NO. 3 CONT. ORDER NO . 400113 CC : EASTGATE THEATRE, INC. C/O MARTIN PETERSON & ASSOCIATES 110 CHERRY ST #200 SEATTLE, WA 98101 CC : SCHWABE, WILLIAMSONS & WYATT 1211 SOUTHWEST FIFTH AVENUE, SUITES 1600-1800 PORTLAND, OR 97204 ATTN: MARK A. MANERLIK THE FOLLOWING INFORMATION AFFECTS THE TITLE TO THE PROPERTY COVERED BY OUR REPORT, BUT IS NOT INTENDED TO REPRESENT A COMPLETE REPORT TO DATE : A. OUR INSURANCE COVERAGE HAS BEEN AMENDED TO READ AS FOLLOWS : AMOUNT PREMIUM TAX EXTENDED OWNER' S COVERAGE TO FOLLOW EXTENDED MORTGAGEE' S COVERAGE TO FOLLOW B. THE FOLLOWING PARAGRAPH 23 HAS BEEN ADDED TO OUR REPORT: 23 . MATTERS OF EXTENDED OWNER/PURCHASER COVERAGE WHICH ARE DEPENDENT UPON AN INSPECTION AND AN ALTA SURVEY OF THE PROPERTY FOR DETERMINATION OF INSURABILITY. PLEASE SUBMIT A COPY OF THE ALTA SURVEY AT YOUR EARLIEST CONVENIENCE FOR REVIEW. OUR INSPECTION WILL BE HELD PENDING OUR REVIEW OF THE ALTA SURVEY AND THE RESULTS OF SAID INSPECTION WILL BE FURNISHED BY SUPPLEMENTAL REPORT. DATED: FEBRUARY 19, 1999 AT 8 : 00 A.M. 9larR_ TITLE OFFICER SUPPLEMENTAL NO . 2 First American Title Insurance Company • REGIONAL COMMERCIAL DIVISION 2201 FOURTH AVENUE, SUITE 800 * SEATTLE, WASHINGTON 98121-9977 COMMERCIAL TITLE OFFICER: MIKE N. COOPER PHONE : (206) 728-7229 COMMERCIAL TITLE OFFICER: LANCE LEWIS PHONE : (206) 615-3257 COMMERCIAL TITLE OFFICER: ROB RANCOURT PHONE : (206) 728-7234 FAX NO . : (206) 448-6248 SUPPLEMENTAL REPORT OUR ORDER NO . 400113 YOUR LOAN/ESCROW NO. ACT III-RENTON EASTGATE/CNL TO : MARTIN PETERSON & ASSOCIATES 110 CHERRY ST #200 SEATTLE, WA 98101 ATTN: MARTIN PETERSON CC : CB RICHARD ELLIS COMMERCIAL REAL ESTATE 1420 FIFTH AVENUE, #1700 SEATTLE, WA 98101 ATTN: JERRY FORELL CC : CNL RESTAURANT SERVICE, INC . 10551 COWAN HEIGHTS DR. SANTA ANA, CA 92705 ATTN: HERB MARTIN CC : CNL RESTAURANT SERVICES, INC. 26881 CALLE MARIA MISSION VIEJO, CA 92691 ATTN: WADE GONZALEZ CC : WILLIAMS, KASTNER & GIBBS 601 UNION STREET, SUITE 4100 SEATTLE, WA 98111 ATTN: MARK SCHEDLER CC : TREECE & ASSOCIATES 320 2ND AVENUE SOUTH, SUITE 200 KIRKLAND, WA 98033 ATTN: BART TREECE (CONTINUED) SUPPLEMENTAL NO. 2 CONT. ORDER NO . 400113 CC : EASTGATE THEATRE, INC. C/O MARTIN PETERSON & ASSOCIATES 110 CHERRY ST #200 SEATTLE, WA 98101 CC : SCHWABE, WILLIAMSONS & WYATT 1211 SOUTHWEST FIFTH AVENUE, SUITES 1600-1800 PORTLAND, OR 97204 ATTN: MARK A. MANERLIK THE FOLLOWING INFORMATION AFFECTS THE TITLE TO THE PROPERTY COVERED BY OUR REPORT, BUT IS NOT INTENDED TO REPRESENT A COMPLETE REPORT TO DATE : A. PARAGRAPH NO. 5 HAS BEEN AMENDED TO READ AS FOLLOWS : 5 . OUR PHYSICAL INSPECTION MADE FEBRUARY 10, 1999 DISCLOSES THE FOLLOWING EXCEPTION TO THE ALTA EXTENDED COVERAGE MORTGAGEE POLICY: POSSIBLE UNRECORDED LIEN RIGHTS AND LEASEHOLDS . THE ENCLOSED AFFIDAVIT SHOULD BE EXECUTED BY THE SELLER AND RETURNED TO US PRIOR TO CLOSING. NOTE : ALL OTHER ALTA EXTENDED COVERAGE MATTERS HAVE BEEN CLEARED AS OF FEBRUARY 10, 1999 . ADDRESS OF PROPERTY: 3751 EAST VALLEY HIGHWAY RENTON, WASHINGTON 98055 (ADDRESS NOT POSTED) DATED: FEBRUARY 18 , 1999 AT 8 : 00 A.M. 9a /A- &12 -/ TITLE OFFICER SUPPLEMENTAL NO. 1 First American Title Insurance company REGIONAL COMMERCIAL DIVISION 2101 FOURTH AVENUE, SUITE 800 * SEATTLE, WASHINGTON 98121-9977 COMMERCIAL TITLE OFFICER: MIKE N. COOPER PHONE : (206) 728-7229 COMMERCIAL TITLE OFFICER: LANCE LEWIS PHONE : (206) 615-3257 COMMERCIAL TITLE OFFICER: ROB RANCOURT PHONE : (206) 728-7234 FAX NO. : (206) 448-6248 SUPPLEMENTAL REPORT OUR ORDER NO. 400113 YOUR LOAN/ESCROW NO. ACT III-RENTON EASTGATE/CNL TO: MARTIN PETERSON & ASSOCIATES 110 CHERRY ST #200 SEATTLE, WA 98101 ATTN: MARTIN PETERSON CC : CB RICHARD ELLIS COMMERCIAL REAL ESTATE 1420 FIFTH AVENUE, #1700 SEATTLE, WA 98101 ATTN: JERRY FORELL CC : CNL RESTAURANT SERVICE, INC . 10551 COWAN HEIGHTS DR. SANTA ANA, CA 92705 ATTN: HERB MARTIN CC : CNL RESTAURANT SERVICES, INC. 26881 CALLE MARIA MISSION VIEJO, CA 92691 ATTN: WADE GONZALEZ CC : WILLIAMS, KASTNER & GIBBS 601 UNION STREET, SUITE 4100 SEATTLE, WA 98111 ATTN: MARK SCHEDLER CC : TREECE & ASSOCIATES 320 2ND AVENUE SOUTH, SUITE 200 KIRKLAND, WA 98033 ATTN: BART TREECE (CONTINUED) SUPPLEMENTAL NO. 1 CONT . ORDER NO . 400113 CC : EASTGATE THEATRE, INC . C/O MARTIN PETERSON & ASSOCIATES. , 110 CHERRY ST #200 SEATTLE, WA 98101 CC : SCHWABE, WILLIAMSONS & WYATT 1211 SOUTHWEST FIFTH AVENUE, SUITES 1600-1800 PORTLAND, OR 97204 ATTN: MARK A. MANERLIK THE FOLLOWING INFORMATION AFFECTS THE TITLE TO THE PROPERTY COVERED BY OUR REPORT, BUT IS NOT INTENDED TO REPRESENT A COMPLETE REPORT TO DATE : A. PARAGRAPH NO . 7 HAS BEEN AMENDED TO READ AS FOLLOWS : 7 . RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF : RESERVING: MINERALS RESERVED BY: DORIS SMITH TEALE, ET AL RECORDED: MARCH 7, 1955 RECORDING NOS . : 4547626 AND 4547632 B . THE FOLLOWING PARAGRAPH 22 HAS BEEN ADDED TO OUR REPORT: 22 . EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED : SEPTEMBER 18, 1996 RECORDING NO. : 9609181461 IN FAVOR OF: CITY OF RENTON FOR: PUBLIC UTILITIES AFFECTS : REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION DATED : FEBRUARY 9, 1999 AT 8 : 00 A.M. frot TITLE OFFICER rr � r• )A v First American Title Insurance Company Regional Commercial Division 2101 4th Avenue, Suite 800, Seattle, WA 98121 Phone: (206) 728-0400 or (800) 826-7718 TO: MARTIN PEILRSON & ASSOCIATES ORDER NO. 400113-5K 110 CHERRY ST #200 REF:ACT III-RENTON SEAT ILE, WA 98101 ATIN: MARTIN PElLRSON Commitment For Title Insurance ISSUED BY First American Title Insurance Company Agreement to Issue Policy FIRST AMERICAN ITILE INSURANCE COMPANY,herein called the Company,for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of premiums and charges therefor,all subject to the provisions of Schedule A and B to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent indorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six(6)months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF,the Company has caused this Commitment to be signed and sealed,to become valid when countersigned by an authorized officer or agent of the Company,all in accordance with its By-laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Title Insurance Company " •••-••• / ricp , • ®Y ��I �; PRESIDENT �. g -- SE TEMBER :4 • P $ • qy53 BY a c Wpit gerp-1---/ ASSISTANT SECRETARY +g� e,$ i E r Page 1 First American Title Insurance Company Regional Commercial Division 2101 4th Avenue, Suite 800 Seattle, Washington 98121 (206)728-0400 / Fax (206)448-6248 Toll Free 1-800-826-7718 Order No. 400113-5K REF: ACT III-RENTON COMMERCIAL TITLE OFFICER: ROB RANCOURT PHONE: (206) 728-7234 COMMERCIAL TITLE OFFICER: LANCE LEWIS PHONE: (206) 615-3257 COMMERCIAL TITLE OFFICER: MIKE N. COOPER PHONE: (206) 728-7229 FAX NO.: (206) 448-6248 SCHEDULE A 1. Effective date: February 2, 1999 at 7:30 A.M. 2. Owners proposed insured: CNL RESTAURANT SERVICES, INC. Lenders proposed insured: TO FOLLOW 3. Policy/policies to be issued: Amount Premium Tax SHORT TERM RATE Standard Owner's Coverage TO FOLLOW Extended Mortgagee's Coverage TO FOLLOW 4. A fee simple interest in the land described in this commitment is vested, at the Commitment date in: EASTGATE THEATRE, INC., AN OREGON CORPORATION 5. The land referred to in this commitment is described in Schedule A-2. 6. ABBREVIATED LEGAL DESCRIPTION: Lot 3, BURLINGTON NORTHERN BSP NO. 014-92, Vol. 161, P. 8-11. 7. Tax Account No(s).: 125360-0030-03 8. Property Address: 3751 EAST VALLEY HIGHWAY RENTON, WASHINGTON 98055 Page 2 SCHEDULE A2 Order No. 400113-5K DESCRIPTION: LOT 3 OF BURLINGTON NORTHERN BINDING SITE PLAN, PER MAP RECORDED IN VOLUME 161 OF PLATS AT PAGES 8 THROUGH 11, UNDER RECORDING NO. 9206302696, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF LOT 3 OF SAID BINDING SITE PLAN LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EASTERLY LIE OF LOT 3 THAT IS 23.80 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 3 OF SAID BINDING SITE PLAN; THENCE NORTH 88°09'51" WEST A DISTANCE OF 875.52 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION, SAID POINT OF TERMINUS BEING 80.88 FEET SOUTH OF THE ORIGINAL NORTHWEST CORNER OF LOT 3; (ALSO KNOWN AS (NEW) LOT 3 OF LOT LINE ADJUSTMENT MAP RECORDED UNDER KING COUNTY RECORDING NO. 9511299006.) Page 3 SCHEDULE B - SECTION 1 Order No. 400113-5K Requirements The following requirements must be met: 1. Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. 2. Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record. Conditions and Stipulations 1. The term "mortgage",when used herein, shall include deed of trust, trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien, encumbrance,adverse claim or other matter affecting the estate, interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance,adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the Insuring provisions,exclusion from coverage,and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage,whether or not based on negligence,and which arises out of the status of the title to the estate,interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. NOTE: 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. FORMAT: 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 1/2" 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 of 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 of quarter section for unplatted). Assessor's Tax Parcel Number(s). Return address,which may appear in the upper left hand 3" top Margin. Page 4 SCHEDULE B - SECTION 2 Order No. 400113-5K General Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. C. Easements, claims of easements or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (a) Unpatented mining claims; (b) Reservations or exceptions in patents or in acts authorizing the issuance thereof; (c) Water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records; (d) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. 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, interest or mortgages thereon covered by this commitment. Page 5 SCHEDULE B - SECTION 2 CONT. SPECIAL EXCEPTIONS Order No. 400113-5K 1. LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR CITY OF RENTON IS 1.78%. LEVY CODE: 2110 2. GENERAL TAXES, WHICH AMOUNT CANNOT BE PAID UNTIL FEBRUARY 15, 1999. YEAR: 1999 AMOUNT: $131,453.87 TAX ACCOUNT NO.: 125360-0030-03 ASSESSED VALUE OF LAND: $3,745,700.00 ASSESSED VALUE OF IMPROVEMENT: $6,041,800.00 3. EVIDENCE OF THE AUTHORITY OF THE OFFICERS OF EASTGATE THEATRE, INC., AN OREGON CORPORATION, TO EXECUTE THE FORTHCOMING INSTRUMENT. COPIES OF THE CURRENT ARTICLES OF INCORPORATION, BY-LAWS AND CERTIFIED COPIES OF APPROPRIATE RESOLUTIONS SHOULD BE SUBMITTED PRIOR TO CLOSING. 4. ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST CNL RESTAURANT SERVICES, INC.. WE ARE UNABLE TO DETERMINE THE NATURE OF SAID ENTITY AND REQUIRE FURTHER INFORMATION PRIOR TO CLOSING. (A CERTIFICATE OF INCORPORATION IS NOT CURRENTLY ON FILE WITH THE SECRETARY OF STATE.) EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS PENDING AGAINST THE NAME(S) OF SAID PARTY(IES). 5. MATTERS REGARDING EXTENDED COVERAGE FOR THE MORTGAGEE'S POLICY WHICH ARE DEPENDENT UPON INSPECTION FOR DETERMINATION OF INSURABILITY. THE RESULTS OF OUR INSPECTION WILL BE FURNISHED BY SUPPLEMENTAL REPORT. (CONTINUED) Page 6 Order No. 400113-5K 6. UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND SECURITY AGREEMENTS ON PERSONAL PROPERTY, AND RIGHTS OF TENANTS AND SECURED PARTIES TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 7. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: DORIS SMITH TEALE, ET AL RECORDED: MARCH 7, 1955 RECORDING NO.: 4547626 THROUGH 4547632 8. CONDEMNATION IN KING COUNTY SUPERIOR COURT BY THE STATE OF WASHINGTON OF THE RIGHTS OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR. DECREE ENTERED: MARCH 20, 1962 CAUSE NO.: 570903 9. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE FACE OF THE PLAT RECORDED IN VOLUME 161 OF PLATS AT PAGE(S) 8- 11 IN KING COUNTY, WASHINGTON. 10. TERMS AND CONDITIONS OF RELEASE OF ACCESS: RECORDED: MAY 8, 1980 RECORDING NO.: 8005080581 11. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS; BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C): RECORDED: MAY 4, 1981 RECORDING NO.(S): 8105040070 12. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT (BOUNDARY LINE REVISION): RECORDED: FEBRUARY 13, 1986 RECORDING NO.: 8602139001 (CONTINUE 1) Page 7 Order No. 400113-5K 13. EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE PLAT: PURPOSE: UTILITIES AFFECTS: 20 FOOT WIDE STRIP AS DELINEATED ON SAID PLAT SAID EASEMENT WAS PARTIALLY ABANDONED AND RELEASED AS TO LOT 3 BY PUGET SOUND POWER AND LIGHT, CITY OF RENTON AND U.S. WEST COMMUNICATIONS, INC., BY INSTRUMENTS UNDER RECORDING NOS. 9206230604, 9206302692 AND 9207150861. 14. EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE PLAT: PURPOSE: RAILROAD RIGHT OF WAY AFFECTS: AS DELINEATED ON SAID PLAT SAID EASEMENT WAS PARTIALLY RELEASED AND RELINQUISHED AS TO UNUSED PORTIONS LYING WITHIN LOT 3 BY INSTRUMENT UNDER RECORDING NO. 9206302695. 15. RECIPROCAL EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HCWA REALTY CORP. AND: POWELL-ORILLIA ASSOCIATES RECORDED: JUNE 30, 1992 RECORDING NO.: 9206302702 MODIFICATION AND/OR AMENDMENT BY INSTRUMENT: RECORDED: FEBRUARY 8, 1996 RECORDING NO.: 9602081339 16. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 20, 1995 RECORDING NO.: 9511200895 FOR: PUBLIC UTILITIES AFFECTS: NORTHERLY PORTION AS DELINEATED WITHIN SAID DOCUMENT (CONY D) Page 8 Order No. 400113-5K 17. TERMS AND CONDITIONS OF AGREEMENT REGARDING BUILDING LOCATION: RECORDED: NOVEMBER 20, 1995 RECORDING NO.: 9511200897 18. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT (BOUNDARY LINE REVISION): RECORDED: NOVEMBER 29, 1995 RECORDING NO.: 9511299006 19. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS; BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C): RECORDED: FEBRUARY 8, 1996 RECORDING NO.: 9602081398 20. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: SEPTEMBER 18, 1996 RECORDING NO.: 9609181459 IN FAVOR OF: CITY OF RENTON, A MUNICIPAL CORPORATION FOR: SIDEWALK AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION 21. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: SEPTEMBER 19, 1996 RECORDING NO.: 9609181463 IN FAVOR OF: CITY OF RENTON, A MUNICIPAL CORPORATION FOR: MONITORING WETLAND AREAS, INCLUDING THE RIGHT OF INGRESS AND EGRESS AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION (CONTINUED) Page 9 Order No. 400113-5K NOTES: A. A fee will be charged upon the cancellation of this commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. B. An abbreviated legal description is required by the County Auditor if the full legal description IS NOT contained on the first page of all documents to be recorded. JS/ejh cc: CB RICHARD ELLIS COMMERCIAL REAL ESTATE 1420 FIFTH AVENUE, #1700 SEATTLE, WA 98101 ATTN: JERRY FORELL cc: CNL RESTAURANT SERVICE, INC. 10551 COWAN HEIGHTS DR. SANTA ANA, CA 92705 ATTN: HERB MARTIN cc: CNL RESTAURANT SERVICES, INC. 26881 CALLE MARIA MISSION VIEJO, CA 92691 ATTN: WADE GONZALEZ cc: WILLIAMS, KASTNER & GIBBS 601 UNION STREET, SUITE 4100 SEATTLE, WA 98111 ATTN: MARK SCHEDLER cc: TREECE & ASSOCIATES 320 2ND AVE #200 KIRKLAND, WA 98052 ATTN: BART TREECE cc: EASTGA T E THEATRE, INC. C/O MARTIN PETERSON & ASSOCIATES 110 CHERRY ST #200 SEATTLE, WA 98101 Page 10 NoncE ORDER I. LI (7G '13 SUBDIVISION BH ding-far, Nor het n This Sketch is furnished as a courtesy only by First American RCDG NO./VOL & P . f 61 /8 Title Insurance Company and it is IslOT a part of any title QTR Sw/AiLii SEC 3y/`31 TWNSHP 23 RNG s commitment or policy of title insurance. w This sketch is furnished solely for the purpose of assisting in it locating the premises and does not purport to show all highways, roads,or easements affecting the property. No reliance should W k' . E ca be placed upon this sketch for the location or dimensions of the �. `property and no liability is assumed for the correctness thereof.• / $ P� to • D 6, ,4- 0 WI re- w / i LP 19 O >- 05.�c „Al GB O0 3 z Y1 fD N I m O N n 1 •G 1 'D 198 l? ?- , • _ _� g 9G X' w — v _ — ---- - - — - J v., Q N9B-49• /ram/ 87s 5Z J o 40 GVT G c-.z 75 E5/'7T h .0 n - C �� - — — — -- -- -- - $ t' v 6 C ' - ikV CV (, Z �V �J LOT 3 P W " wE,GA' (,�• ei)i)L t �t r o �� •• / or)'h a�c �a r2.ze co / L'T -(04- 5 3+31 11 o W n N o _� �, 994.2� ((y. a K ROW`.< 9�'. 02AO �CF''. dB,-05-Z5N s.s ,oz 73 I .. 1333 047 r� por. LOT3 N v FRo � O T 0 Jo �• 4,I P 5 OAP _ O \A. ? 8 r lN O LOT 64/10 R\y\—\ S"56 ti L. e o Cq0 L 0 T 4 r,' to Q'z> r r 'CIO w ^ k 0- i 0110 . y. Ca ® -O o a �� Y �a 'Y. f? 50 0 j 6,6. 6/ se •_ /ca.c� cc c7 os�7l.) A-/5Z9•36.37 K/ /375 36 SW 41ST ST 1b (4i 1 ((, (o- .4 Form No. 1755 Commitment,Conditions and Stipulations COMMITMENT Conditions and Stipulations 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this Commitment. q;c Printed on Recycled Paper • - ., „ ... . tt 'isox AMER S rC -1?-- e 1 0000#11#iff adt...'''' ""fro 47— ,_.,7-_-._-___,=;:.-%,P .- of '_ ,,,wi y __.........- , ,it.... ....,14 • First American, Title Insurance Company COPIES OF DOCUMENTS • RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND ALL TAX STATEMENTS TO: Faagath Theatre,Inc. do Act III Theatres 919 S.W.Taylor,Suite 900 • Portland,Oregon 97205 \/ Attention: Mr.Walt Aman (Above Space for Recorder's Use Only) 8 SPECIAL WARRANTY DEED HCWA REALTY CORP.,a Washington corporation("Grantor"),for and in consideration of Ten Dollars($10.00),in hand paid,grants,bargains,sells,conveys,and confirms to EASTGATE THEATRE.INC..an N Oregon corporation("Qrntee"),the following described real estate,situated in the County of King,State of MWashington: See Exhibit"A"attached hereto and made a " pail hereof( Prooertv"). N SUBJECT,however,to(i)the exceptions to title set forth on Exhibit"B"attached hereto and C made a part hereof,and(ii)that certain Declaration of Covenants,Conditions and Restrictions and Grant of (D Easements and Quitclaim of Certain Parking Easements by and between Grantor and Grantee recorded of even Cr) date herewith,including without limitation the reservation of easements and the quitclaim of easements set forth in the Declaration. Grantor warrants to Grantee that the Property is free from encumbrances or exceptions to title created or suffered by Grantor except those shown on Exhibit"B"attached. The Grantor for itself and for its successors in interest does by these presents expressly limit the covenants of this deed to the covenants herein expressed,and excludes all covenants arising or to arise by statutory or other implication,and does hereby covenant that against all persons whomsoever lawfully claiming or to claim by,through or under said Grantor and not otherwise,Grantor will forever warrant and defend the said described real estate. Dated:6 bit)fir , 1996 HCWA REAL `CORP. Washington corporation By: y _ CC t^ 9l�--c Name: ( •ward J.IN:isber•-r Title: -nior Vice President FILED FOR RECORD AT REQUEST OF :Name. TRA- I�7FRICA TITLE INSURANCETitle: /d►utflorized 3211 loFTH AVE. NE I O. BOX 1493 BELLE E. WA 9 009 E1469034 02/08/96 81413.40 4573786.00 COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF MIDDLESEX 1 On r2C-itn,1/44AA4i iff‘ ,before me. Lis...tAA;. g Aitya Notary Public in and for said Pale.partially Appeared • Edward J.Weisbergitnoaaily known to m4or proved to me on the basis of satisfactory evidence)to be the person whose name is sulmated to the within instrument and acknowledged to me that be/die executed the same in his/her authorized capaciry.and that by his/her dwell;qp the instrument,the person,ot the entity upon behalf of which the person acted,executed the instrumg*.... - 0) WITNESS my band and seal. : • • tary PuCIMIblic ando"frYktaid/ede • s. " • ••• • LAURIE E RILEY. Witarbt PubfiC My C3urniz:on Expires December 30. 1999 .... • ' COMMONWEALTH OF MASSACHUSETTS ) • • COUNTY OF MIDDLESEX On FA.b=. ,before me, 121.0.1 ,itiouny public in and for said state.personally personally known was(or proved to me on the basis of satisfactory evideace)to be the person whose annd is sibscribed to the within instrument and 0') acknowledged to me that be/dse cleaned the awe in his/bet authorized capacity.and that by his/her signature on the instrwuent.the person.or the entity upon behalf of which the person acted.wasted the instrument. 1.4 WITNESS my band and official wal. n...w.A.A._ /* Notary PublicPublicinandfocsaidStatJ .• . . • 4, • CD Aar CT) LAURIE E Pflre Nctary D_blic s. f MY COrr ". Erpoa.s Jr 30, 1999 cc- 19% • . • • r' • " .... • .• .......... 2 953 I 802K.0C I/MEO/W8870-329/01-24-96/mf LEGAL DESCRIPTION OF PROPERTY LOT 3 OF BURLINGTON NORTHERN BINDING SITE PLAN(BSP-014-92),PER MAP RECORDED IN VOLUME 161 OF PLATS,PAGES 8 THROUGH 11 INCLUSIVE,UNDER RECORDING NO.9206302696, RECORDS OF KING COUNTY,WASHINGTON, EXCEPT THAT PORTION OF LOT 3,OF SAID BINDING SITE PLAN,LYING NORTH OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 3 THAT IS 23.80 PEET SOUTH OF THE NORTHEAST CORNER OF LOT 3 OF SAID BINDING SITE PLAN;THENCE NORTH 88'09'51"WEST A DISTANCE OF 875.52 FEET,MORE OR LESS TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION,SAID POINT OF TERMINUS BEING 80,8E FEET SOUTH OF THE ORIGINAL NORTHWEST CORNER OF LOT 3; ALSO KNOWN AS(NEW)LOT 3 OF LOT LINE ADJUSTMENT MAP RECORDED UNDER KING COUNTY RECORDING NO.9511299006; SITUATED IN THE CITY OF RENTON,COUNTY OF KING,STATE OF WASHINGTON. csa e•d aD CV CD EXHIBIT'A' 9531802 K OC 1/MEO/W 8870-329/01-24-96/cef EXHIBIT "B" to Special Warranty Deed 1. Lien for general and special taxes and conservation service charges, not yet due and payable as per the following tax account number: 125360-0030-03. 2. Condemnation of access to State Highway No. 5 (East Valley Highway), and of light, view and air by decree to the State of Washington entered March 20, 1992 as King County Superior Court Cause No. 570903. 3. Fi cements, restrictions, building set-back lines, slope rights, notes, recitals and dedications, as disclosed by a recorded binding site plan of Burlington Northern, recorded • under Recording No. 9206302696. 4. Landscape and utility easements set forth on the face of City of Renton Lot Line Adjustment No. LLA-016-85, recorded under King County Recording No. 8602139001. 5. Release of access to S.W. 41st Street by deed to the State of Washington recorded May 8, 1980 under Recording No. 8005080581. 6. Reservations imposed by instruments recorded under Recording Nos. 4547626 through 4547632, reserving to grantor the right to retain 50%of any and all royalties which may be derived from all of oil produced on or from said property. 7. Restrictive covenants imposed by instrument recorded on May 4, 1981, Cr) under Recording No. 8105040070. sue! 1 8. RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, 0 CONDITIONS AND RESTRICTIONS AND THE TERMS AND CONDITIONS THEREOF: CV BETWEEN Powell Development Company AND: HCWA Realty Corp., a Washington Corporation DATED' June 30, 1992 RECORDED June 30, 1992 RECORDING NO.: 9206302702 REGARDING: Reciprocal easements and covenants, conditions and restrictions 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: Public utilities AREA AFFECTED: Northerly portion of property herein described as delineated within said document RECORDING NO.: 9511200895 96023()I C.OC 1/N EO/W 8870-329/0l-24-96/cef • • • 10. AGREEMENT REGARDING BUILDING LOCATION AND THE TERMS AND CONDITIONS THEREOF: RECORDED: November 20, 1995 - RECORDING NO.: 9511200897 REGARDING: Building setback and restrictions I i. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: • DISCLOSED BY: Instrument recorded under Recording No. 9511299006 PURPOSE: Utility AREA AFFECTED: Northerly portion of property herein • 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: Instrument recorded under Recording No. 9511299006 PURPOSE: Ingress, egress,utility and drainage and temporary grading AREA AFFECTED: Northerly portion of the property herein • D -2- 960230I OC I/1vfEO/W 8870-329/01-24-96/cef . .._ ;• • . • . , -- • • • •-.. • ..... : 2:•-: • _ ' •- . • . - ,. • - .• .• • . • - -. ... . • - . • . .. . . _ . . • - - • • . ., ' - • • . _ 3, • . • - .„ . • • • . - -• .;._.. • . - • • . . . - . . •. .. - • - • • - ' ,. • • q.:- • - • . 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Ditiliril ,k 4.. ,. , . .,,..,n;s1,.1, • • . -.-...r*A, ThE4U40frthr. ' 'Mft•'? ALE, as her sole and aeparate- ..ii. • ... .1 . ... •,.....-:fr",• . ---:•"----"=2,17----* TroPerty'1UTTI,Ste, -- - - • . % .-•-' ... --,, for and b ataants'ost of TEN AND-NO/3.0() ($10.CH)) DOLLARS, and other good• and valuable aor.aiderat ion, . - is hand mid,(-coveys and warrants to J. G. ADDERSON and VAMICIA M, ADDERSON, _ - his wife, - the folicartno descrsbect real estate,situated'n the f..c Joie of -King- State of . _ ,:...._. , ashingloo- _-• ''-,- ,. - r •_ . • - .....-- . An undivided 1/18 interest in an,' to '..'.,- -1. ' 1 • - followinsT described real property: - • . . • That portion of the Nrrrtheast 1/4 of the - I. • ' - -_,-,---- -- ,. • '••, Northwest 1/14 of Section .i., rormsnip 23 Noi.t..), .-,. Range 5 East U.N., lying Wer`erly of the i-r-5-zar- i, - -- ---- - State Highway No. 5, ;.,:XCEPT County Roads. 1 ..., • ., • '• ....r.‘4,I,.. "-. - Free of encumbrances save and except easAr.:en,s, . . - .. •. restrictions and reservations of record, an _ . ,- ., -.• . :_,..• ,,,.. , reserving unto the grantor the right to retair. •. • --,i-•• • . 1. :. ,....-, ,a' . 5,7A of any and all royalties w..ich may be deriveC. 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' •.„,,.,',,,....;,.....,•• .''.-2? • •.al.'„,2,,,,,,.. „4...,4 -_.,•7. .• ....., ....7 4. '.• ;,.......f.r.. ,.., t , . . 1., t „ ,,,t.__ ...V./,,=:',;(0.`".eic;., ',, 5*);-'••••'•• f-it',1',1-: •-•.71--4:".7 2;••,',^14,'''I-7V,1•1.)47; .- ;., ,, .,,";,. ' •q;Ate..r.?:,..' * litt7,.:•4' cz,.;,-.); av,..t..4. ......;,:,:: . •': "c-41e4 .,' e,,,1,54:4,~•„, :•7,•;-..lif_,.•7,-1.•',.''':,•,,, Zi,,,-. „.' .. _•;•'• .• '1.•••• • A..),,4.,.s.....,' •: .- - .,•,..,", . .• ,:, ......6 .. ,•,42,• :• .. -i N,,,.,,,,.-, -.••• giL.Y;t2`,". r.,... I..••••,‘:.; • ..'1;.2.,4 .i, .!'•lafui -.‘,,gr.. ,,.1...1,1,•'' ...;244,. s.,_ i4:4•;7-ei' .'4''''(''p',1' • . a ,p4,„,: •,' , „..iii-, .. .,, ._„A,....c-F . .., . ., ,, 4„•:,i .4 „ •:-•eiii,.., •, i ,,,..4‹:1 to 1,•,..... ;... .. .''fr ..; '." ..•. • ., .'''...,. . .4, 2.,...,Nr.'''',$' '..T.1:77. 44.. .. ..\*"1 .' .14Ag--MF.,1 !!Ir:'. 1,1-- - .'..rZft/,'#../',.•-• -.. .1.' , 1 • , • .4 ::,..er,•,4,...' • ' . '. •• ,. • • •'' •s• 7.- ,fi • 4-....i ,o-- .•ti..:%•.- • • . •.,•. • ;• .• . • -. •.' /I,,••••• z,4, -. . • - . . • %.-. , ._GEL,TOR 11.011ENCE SMITH TOWN, as her sole and se•-.."4/41 ',.- -. .„._4; • ,. - ._. property and. estates • - • • -,„... . • ,. - • .• tor asid Is eropideestise of TM. AND NO/100 ($10.00) DOLLARS, and other good and valuable cotssideration, •• C4 is heed paid.omwr m'xi*wilds to a. G. ADDNRSON and VANICCTA N. AliDde..:01•1, , ' ' - • ' • " his wire, ' • • '- : . ,. r••••••1 the kitheehei described real estate.attested is the County uf -King_ • S'ale ,i - .. ' • ' , W1114.41#12till• _ _ -,.-, •- '.. , . , • An undivided 1/16 interest in and tc ..., • • ' 3,. '• following described real property: r • • • .1" ,-. . i • - , J7 - - . . 0 .. That portion of the Northeast 1/4 of t:.••! •,. , . • • • • ..--- , .‘. - .. . : - - • thwst 1/4 o: Scion 31, Township 23.Nr': , . •-••• • J- -'••' ••'-`• - t•ibInge 5 East W.S., 1:,•1ns Wonterly of t;,e friT•ary ,i1 ' • • .. , i 4 '•••tate Highway Ho. 5; .E.X.7..F.FT County Roads. . , .0, ••,..--•• a.. - -- i ;Free of encumbrances save and except eascr.:,-,:;•s. • • " "' • 7 reatrictions and reservations ••••• record, a-; . ." • . . •.%. OrVing •rnto the grantor .•:,..-_, -t,;',14. to r,:•:;_tir. . ' ° .1.•50$ . • of any and all rovaltips wilich -r.a:• '•e .leri.,..,.. -• • '• • ° ‘•- • • •itfrola all oil produced on or from ca..o. rcal , .. , roperty. ..., • „ ,, ,p . . , . • (., SUBJECT TO: 1955 Real Eatate Taxes and Drainage Clatrict .. • .,.-• - - • -• 4, ...-.- No. 1 tax . - . •• .. .,• , ••. .. ....., • - .• -•.•• ,: 7 :'-''''. .4' -. t•4. . ' ..-... ;'.'4 clay of FC. 10 Y ,....4- :,i,... 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"1,-.6?.:_,,,-.. ...1,-f4.4.11,4..,:"...--...i;2.- '." :`,:_''',-04...-,..",,._, `4.1 ----/'-"•-•.;24Fs•- •:.E"'it'...-.,...,••,••..... .i..4‘.2,,,:',,,.p,ie.•.,..,,_...-....-:-. -.... ....... ,,, •AIV-.<4,42MO.*".C....437.-- 1 -32.,a,',.. .•'.:;t7e1•::::.4-5.,4-.4:2::;;.,, tr'''''i, is) -7,-..!:4 1'7, •-•-,v-7,-,,,.---. ....i."'-'Xr,.;,.,..''''''":1-%......-,'-'--1.7"....-- -'4*.s.'-•r•P-1..'`.- ''';.d',.. t.i'"--•z•r.:."-r;' ,:r.'+!7:it',.--,-"t.t•::-..:.e::::-Y4'-'2•1 ''' -•4•' -.--` '-•- •• --•--7 . . ...1 t-'•, • \p BEST COPY AVAILABLE ;f,Y ^ ^ 3, ,74! . s RELEASE OF ACCESS DOCUMENT R::f..*`: . ., _i:rin'�The Grantor, GLACIER PARK COMPANY, a Minnesota corporation, in consider- �3 CD ation of TEN DOLLARS ($10.00), does hereby release to the STATE OF WASHINGTON, ` hereinafter called State, all rights of ingress and egress over, under, acrosA and zr 'von the following described boundary of the premises s::uated in King County, State of Washington: iii. er% Being that portion of frontage along the South line of Lot 4, ' :i Block 2, Burlington Northern Orillia Industrial Park of Renton -V ,•* i Division I, as recorded in Volume 108, Pages 12 and 13, of Plat :1.-4! Records of King County, extending Westerly 300 feet along the South line of said Lot 4 from the intersection of S.W. 41st .r Street and East Valley Road, as dedicated on said plat and ' shown indicated in yellow on print hereto attached and made a ;fit part hereof. sh • ar:. xj Provided, however, that in the event that said limitation of access shall o at any time cease to be used by the public for highway purposes, or shall by oper- ,, r atian of law or otherwise become vacated or abandoned, the Release of Access herein 11 ' • . granted shall immediately cease and terminate without notice or other proceedings i,l' on the part of Glacier Park Company, and the State, its successors or assigns, shall i a reconvey immediately said right of ingress and egress over, under, across and upon 1. said property to Glacier Park Company, its successors or assigns. j _ Dated this 25th day of March , 1980. . : ACCEPTED AND APPROVED: GLACIER PARK COMPANY • STATE OF WASHINGTON By /o Department of Highways �V , Pre Vice Pre dent 771 BYc'TC -___--�,/ Attest -! ���� i / Asst. Secretarys� +duress 1-i,,• ., 4, :,,•k. .. !•'iJ -• —I— ' ' P, r ...,..(..ii...7.' rr,SI tl 4:.•........,.,a, 4.7:•;..^ 'It• • . . ;1:f'I '' 't. . 4. • .,-*= j;%:. -• A/ 4., ' ' •74e.-- • , '•- . . Ze..CN• ..•*; :. . : k*Vri, • .54C .3,.. - •• / 4 A;, . • ...,, V.rr, 09,' ; .:1•1; I I •:7 ,„5 ell 04•...;.0 .... ;„..•4." i :"54 5!.• ...• • r•••'-'X••. • 4.1 ; • .--- ,• .'.'R,eg/•-. a' . ' I ; -.... ...-' ,-C -.• -• . ••. N 4•'! :"Xit 4.....: ti,;:‘''t.- .. ...., *-...,,•• • ...:-. -• ''' 5 5 -5_ . ;El I--"-- ...- •__:.c.f_f__,, . • . • -- •„,`...-• . .-.-, .,1.:..-Z7 ---. ‘,•• 4...;2' -•'.... :•,44 • - ..- ..•. ::•:',-;,13/. s 8.,. .2rf717F-1-'--1 6 t.' • ..-- .^,4, r • 410 Si ... a • ' ,.:,''...o:: ,Aii.'2,, =,' o • '4/ ,. ...•*. ':1.-9-...65 °3 214.1 . ', r.. '''''. 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Ki ....VI°:f.:6"W.*. 6-'x 4' ,81"E......... : , i' • 1I,.. .. ret ; .., :.-..,7,•09 .... •1 4 I ; kl * ;A•:-4•••".1. • .:7••• 1 .- *. •.7 i :F27=_-----__._ .,. .A...01. • • • 4 .'.."../•4 : N •4'.ft.,.r1't,•• 1 .. • .... •J, .q: 4.41;7; 10 CO • li ii ::,-, •-',:• • 3,'•al.5 * • ' 4•2.,;."i^" .'... ' &I: il! , P ! V?.? i 5 .4,4- , , ye' • ••"/"°:?:4f E •!': 114,641!: A 79,,20 4 1•t1::. •V • I: 1.• ;I .5...X .... ••• 5 68450.0 4, ;„,,' A ..hr .... .••...,:.:•:.-4,,..: 59 ,1 • ...11 . •.•,! • t•.do ....:. 45 •••••55 f.• , f-1.• ” •' • • , • :11 IN. - _ :-7.--------r-''' • • / !:^. .. ...;'.. --- -- ----r-;•: 4 - - S. ;I' ___41 so STREET I _ _ __/..-. 5 WC.4 i Ve r... • ',..'1 , .40 1.,. 4.%%-r 41:-..-:•Sei se-. . 494 ••• &.. ..:.,q ,,,. p .. • i'ir 1.::)T .! i t . .5- 7; it.. : ''' %; 1..2". ....7. : ''.. 7; ',' l .- `71•-• • -2' • i , . i 4.1 1 00 .1-1'..N1 R 2.3 i`,!..174,CL:i::-.. ::•.; i....::.; %.-.14 M.:. (1(1) I•,:i 1 •"'4 M, sr 0 i•:• 3. :... '.7 • C ORiLLIA IND. PARR .,,Ttivtl 1 . , -.,.t........ D'4 KING COUNT.,( \NIA,S1-1 . co .. • - -N.i I .. .. , r- • . rn 1 4 r . 'T.)ROPERTY NIANIACiEi'-iLl\I I.--(''' ' • . .-, , . . --.. ,•• - c-->ca,, F t" = ?oo -.„,i.....- 111 t `l `r• •yrjh ' - •M.4K=yl• • 4. ^•tt�? •nu%..�•w....<r• 4+ +. ; J ys d:F •►X"�'... ,`' _•-'. %;1 `-FkG kn >, yp- ..• �'. {i 9- yak , :t' RESTRICTIVE COVENANT f C THIS INDENTURE entered into between GLACIER PARK COMPANY, a Minnesota ;. C O corporation, hereinafter called 'Owner", and Brad :unninghan, an individual , .r O hereinafter called "Purchaser", 's tt) WITNESSETG: 'kgOD ' WHEREAS, Owner presently owns Lots 4 and 6, Block 2, Burlineton Northern : Orillia Industrial Park of Renton Division I, according to plat recorded under Auditor's No. 7809250902. King County, Washington; and • i: : WHEREAS, Purchaser desires to expand a building on Lot 5 of said • r _ Block 2, and the parties, as a re,ult t:,ereof, desire to establish setback i said Lots 4, 5, and 6, Block 2, of said recorded plat; requirements with respect to future building or buildings to oe constructed on I � ; `'OW, THEREFORE, for good and valuable consideration, the parties agree ai follows: I 1 1� 1. No building or structure shall .3e constructed or maintained on,the • Soutn 24 feet of Lot 6. and the west 39 feet of Lot 4, Block 2, of said recorded I i : �' plat.` 4 < 2. No building or structure shall be constructed or maintained on the • !! - : east 21 feet of Lot..14s , ' - J5, Block 2. of said reco hied plat. 1ty, This agreement shall be binding upon the heirs, successors and t r i '. - .= assigns of the parties. Teraination cif those covenants or any changes in sane i I! oust be approved by the City of Renton. r-� CATED this 22nd day of A.�ri1 1991. ' (' 1 OWNER • r GLACIER. PARK C(k PAIY 1 f � 1 y • `�{. • By.� - ,` r/r,, ,+ � ,... ice ., Attest: ./• -' /.'. '� •-c i iiii / • . aSSIST..rt, GG.cretary ... .„,i7...). . . ............$,.....: , . , 1,, • , I ;•;.:,,c,.,„s,,„. -.. . . it ; ,.. , . 2 y r'_l ",%>e 4t;&<t( i.i_i— - - .1 1 1 STATE OF MINNESOTA ) ss. County of Ramsey ) i On this 22nd day of A on 1 1981, before me personally appeared 7_ C'_ KPnariy and R. ,T Morin , to me i known to be Vice President and Assistant Secretary, respectively of GLACIER PARK COMPANY, the corporation that executed the within and foregoing CD GLACIER and acknowledged the said instrument to be the free and .aluntary Dact and deed of said corporation for the uses and purposes therein mentioned, CD and on oath stated that they were authorized to execute said instrument. CD IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official CD seal the day and year first above written. / XA��pAAAAAAAI.4AlJif Ii:CLIALA44A / •/ %%�'e.../ i • J L'i THiYER Notary F is in affdr the Q 'C' NGTARY Pu2:iC-M"1:CSOTA 1L .,. re��. vre State of Minnesota, esiding �j� MyCcm�:i_:: c,: F;':av 17,1985 at St. Paul x� y{rtl y�yCry'�'W V1C VCR c v 7 v vv vas/'!X My Commission expires Noverber 17. 19851r _ • STATE OF WASHINGTON ) SS COUNTY OF Ji E ) On this day personally appeared before me i-C_A f, 0iV/V4 1 t-1 to me known to be the individual described in a d w�io execut the free and volunta^y r.ct and deed for the within and foregoing instrument, and acknowledged that Kl signed the same as 40 uses and purposes therein mentioned. G WEN under my hand and official seal this . - ' day of • I /,• /'/? '/ J+(.`L J /I/ Notary' Public in and (or the State of ',{►r1ihpt fin, resiitny at • ,...., :•,..',...:•...:;'',..:i:..e.'":'',::. ..." .• ' • . ••.:%:•.. ':is 3''..'...",;.:..%lt,,,-.MC-.ati st.Elvt,I.Arex.}-_,4.,./1161.re _ in.eloodiiilil•i lll. '. . * .'- ":';•.'-'.::...:'''.Z;';:5:-:' '..‘a.'.‘...'. ;'.•:. . • -1..2 .'i" 4.-.. . Z .44 ..*' .(.- .•' 4'.4. .;:'..0() :.....74 ,;-,:•:.::, ..-...:.-•:: rU-- '? n i1 Ye 4 il CITY OF RENTON ., i: l- igi a ••-4 • simmumm . - '`----------•—•• %AB., ..•xt,r4....t...r.... imm....a.... .......,, LOT LINE_AINIUSTIIENT NO, LLA.014-115 A Fkrtbut al a) SW 1/4 of &WM 30,ood A Portia'of the NW 1/4 of Sooflool 31, ... 11. . 1 ,I -cl • i 11 Townehlp-23—NorikR1111.0-5-EosOSM. • 7 k Mg Comfy, Washington : .. • - -. • e.... ,1 • ..• . • • • . • 1111daliniera . 1 ' , . .' I ' .6 BLocK 2 el ...,,,.....,,, V 3 8 i . . . •, mama . ,•1-0 ce • . ;.....ricipar:=36.1m,„tracirae.r. .. ,SiZarraillaenr:::.rs' mai.ins uotpairjra tes,z2Trzeigra n..._ . 4:emszle.pozez rAp...8.4.1 . . •'' , ,.1 • .•cr.1 I. tr,..• n. *W1" -p41111111111Wft sum is issue si alms*ems Gs mew awl 4.Ilmooss t -; •,.....•„•• LOT I —./ ""*"" 16Z591 OWL& , ) 4seeitere.aft • 4 11.11•••• WSW rseir •: ' •1 um a moo&i .....er . ........ ............ . 11 PI ,,,.ir,ii,r4, •-.......a.L..a4.4 Isivgavg- ismatrzet.v.r.r- i i: I L.,. ErsE•aus...d.:m,%,,:.....tri=, I .: =Ss Use.44!WM' SNOW WOW al"..1111.11.11m. V4 NW V4 ISC.5I I . '' s; •). ,1 .•-• -• • . - . .• ., . '.1 MOWN&• ' • ' 1 Wag rale111111111111411111111,11 Lin 141141444/4/144 1M: •• p . ..-. tiA.tottittito-sti ....-4....-, t -1. wows no.._ wiku.se.ri.. • ......... 71 8 legitdir0 Oat lam I pi 11, I,gmr*nsalitcau ft-tl. itabssrial 4ft*-3'4 I, Mortstrhagea9relh U.="4 3 CA- fidgalit aidhuglir mem No own wwfiLmw oriajus.Nei..-.1 1 .. •• . gattricidiearid. . ; • •--", ,••ea Mali issiLtjav ajjaba.soisi. f . indiNVIEFIL • --"Airtruisor 0 .'"raliriZ V.. 41101116 Val • 1 1110:410411i CIUMFICAll anicars 0147114CAlt , . . .......... . , I . s i , 1 MO Or Num oft.......4s,is—....-.M.so so sois snow supossi saws sui,is se.MN , . [RE:ORD 9F SURVEY MIT I ' -....ii is Se4.....-si Wass is post.....•es •4•••••Var:Sersibie 41 Me •:,'fr.1 I owe 4 thoossi Assmisa...e&host , Preporq Waragease Isilser • I Ds Mow Wq Ils.IWO.% ap. -..• ••■40,71111111110....4.&1. Iselis, 1,4416044 WPM 1 =1=181NAI •-1A%,'It .:cs"'''/ trati31111111" . . - A ,equi----- wwwwww--- MAIM 6,1,amenr.AN;Jam.= KINS COUNT4 ISSIONITION • i . . • . . .. .. . .. ,. i ' ` FII.t:D FOR RECORD AT REQUEST OF: ` PUGET POWER ATTN: PATRICIA 9NY0ER Vi REAL ESTATE DEPARTMENT Xe",..4 4":.''a i ,, 5s i; P.O.BOX 97034 a «a i t BELLEVUE,WASHINGTON 98009-9734 .1 i' PARTIAL RELEASE OF INTEREST INEMENT • r. 8 ` N iv A E, !• 1 KNOW ALL MEN BY THESE PRESENTS that Puget Sound Power &Light -' ern - Company, a Washington corporation, is the owner of an interest in that certain reservation and grant of easement referenced on the plat recorded in Volume 100 of Plats, pages 12 and 13, under Recording No. 7009250902, records of King County, over the real I property described as follows: Burlington Northern Orillia Industrial Park of Renton. f r. '.: i Said Company does hereby abandon and release all rights acquired ) under said easement in and to that portion of the above real N property described as follows: See Attached Exhibit A 7%EXCISE TAX NOT REQUIRED ing Co.Records Dirisio>t .� BY W a, .Deputy _» IN WITNESS WHEREOF aid corpor ion has caused this instrument to C'� be executed this (day of , 1992. CDPUGET S ND POWER & LI COMPANY N BY: Ii `�l CD D rector eal Estate ;l• .. '�- STATE OF WASHINGTON) ' ) ss. COUNTY OF KING ) ,+ On this AZ" day of , 1992, before me A, personally appeared WAYNE H. NOPMAN to me known as the DIRECTOR , REAL ESTATE of PUGET SOUND OWER 6 LIGHT COMPANY, the corporation i„ that executed the foregoing instrument and Ohe acknowledged said instrument to be the free and voluntary act and deed of said • corporation, for the purposes and uses therein mentioned and Ohe on oath stated that Ahe was authorized to execute said instrument. .r =1 IN WITNESS WHEREOF, I have set my hand and affixed my § official seal the day and year above written. J. otary� n a d fo S �e of Washington, residing at ' GlC,C.dr�-aC� My commission expires — 5,lj a 7 3 '; PUGET SOUND POWER 6 LIGHT COMPANY • CORPORATE ACKNOWLEDGEMENT f ' • y ' a .I .i 1 4co3 T5T4 ER S-5-H 238-.-9-5 JV-A0001 4-DC-3516 1 : ram^ '-_ f..` �_ii'F iW '< ,. "°% .LSi 7` - o py� wT i° r t< /• t''•, t ,}.. 1'.- ;7,,-e - oSl�::: .y`�i'1,,,I ire,; 1 * .Zti" i 0. �•.. ,ar M, ....,:.. + ;;r.f- •+,y'Tl `f y 'Y'A .? > 3'.. $r' j• '!`.� • .':'i "�(• .' n :-.... A'.`'l4.4.•':,r-.,.'tL'_.1.:. .:.. 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D+a �f _ {o t 1 rr 1 1 ( t I l S L: 1 L t .. flt.►:L ...•_..,._.._.�.�'_ ... .. ._ .1.. ..- ,�:....aiwr3rY._�lCi7usnu ,R.•!C' 'tl}i'. ,l r r :1 •N, 1: ., EXHIBIT A i; l.. ti Those portions of Lots 2, 3, 6 and 7, Block 2 of Burlington ;:, •9';?{`:;;a' + g• Northern Orillia Industrial Park of Renton, Division 1, according t. { to the plat thereof recorded in Volume 108 of Plats, pages 12 and is.'_;.:,'• 13, records of King County, Washington, described as follows: : ;••¢r;a„ 1'i.'ji ( • A strip of Iand 20.00 feet in width running in an East-West ;:t'r:?t 11 direction, the centerline of which is the line common to said Lots , x� ., I 2 and 3 and said Lots 6 and 7; said strip being shown and ,. , 1 1 designated as a utility easement on said plat; TOGETHER WITH a strip of land 20.00 feet in width running in a cb North-South direction, the centerline of which is the line common i i to said Lots 2 and 7 and said Lots 3 and 6; said strip being shown Iand designated as a utility easement on said plat; i , f EXCEPT those portions thereof lying within the South 20.00 feet of said Lots 3 and 6. S .. I, Situate in the City of Renton, King County, Washington. `-`' • 1.t{{{I 1. , f .1 !11 it v:r .•.1: i M ,:- :, ••i 1 , 1 ; is 1• \ 1tI. / ��tr A. �f r .;,...,„7,..,,,,,,,.... �1� .fa 1 5. Jam; P1-u..... . .— •_.••7-, 41,1„,.44,z,R.•.,',„, .;1 4'.l'6;:44f"2-.. '.2•‘?;:s.i.1.'e...' .- -j. . ,,,,. ,.• „ ...•.:t'te4• , -••,•:,v 1 .tf, - ,.• ' ,• .1,' , .. ' • .. to,64114 _•.,''• • ', ..•-,144-'ili: ,. ,, ;4:• - :,s •. 1 ! ' . -- -; • ,-,1- -: -•:.' '' •,'‘ :, IZI- s' %,,6;••Itkvi,. .. . , . . . --..:- .t. -.7. -- - • ..,.....,. . . . ....i.. . ... . . _.. ... ...,....,...,,; ,.....1.ir --z.ri'#.1--f•- • 4 - • •• - . . „ .-V-„...,. •,,,..47„,!. , .' ,. • .... • ,,,,, • l' ' ' ' • • ..4.' • — - ., . **.' -; ' .. .. •.• . • • ' . •- 1"11,--•:;,t,...o. • ,4--i• '..4•••Z..'' '16 i .-'• ' •Y..- - ,- - ' --'.' '• - -• • ! :g •' 1.. • . . : • , --.' :-.•,..,,,...nr:5, ,g• • . . . ; , ••• ,1;7., ., P'''I'2''2 i,,.*: •:--.. _,.:.4.••...•'- ' 4,;41.tic • ;-•',:•• _ • '•- • - .•', ,•4,.;,--1'' ••• . ,, , ,:1t4•,:2.,.,.-,..;‘,2 -,.,... 1 '..!',1•.;;,- ., • -i'-., .(•"'"• C r i A't.-- '^.'...I:.i`•• .),0 ti,e -• ' '• ;. . '. - : . ....:' .r..':;'r...i.",...1....:-:‘..; :: .''.. :;.-.P. .. '. ••.....'•.iity,.'''''''. ' •-• 12.Y.-LA• ' ' :'t' •-'•1"--- - -• •r ,.-,1',,'•• • "-..• •' •. c:. - •:'-• . .: lr- -, 4-V,!.:10 ,- e„ f.''zy•-.. ' .,*;. ' • ',..2,'Y. '1.,..'4,'•' • "I' '1 •.:.' -‘,.,'. i -:.: •.• ' . --:. • r t .• ,•: ; ..-.••...e....t.• le, C4,*,....AT,, X, _,,1 t'., !!----...i':,/,- "'f'-'' ".,•14110.4Alr ,q11-: -,.......7-1.-;:,....1.--..'vai,..-.-4,,,,,,...- s.••••••,•-..7.•,, . ,-,. _ ... ,.. . ' Iii -,';eri. • -, - . . PI-92-002 • • - ■diP '•,,,,fha . .., 'WHIN 100011003 RETURN TO t , . ..._ . , a• ,•, ,. • •'-':•:t.L.,, Mee MUNN City Oak 4 , taros Mimidal IMIMIng • ' . ' . ,4" -:-4'••-•4- „,. 1.„1 '•2,(:, 300 MR Moot Saab REEL:11OP EASEMENT . , ,.. Rasa;WA PIM , ' • V•'.•71' 7- .1.;.'•;,%•• .l,P i i:•1/1'..t.<,• ' ;.•,,,f.°.-:;;-?: - - .6,,,,:t,,It ;# r.,- •(.': ‘•t*I. ',.. ,•..'i: • ICNOWN ALL MEN BY TfiESE PftESENTS dtst tbe-• ,.Oft RETTON,a municipal coeporation,Is v'-~ ' • '''• r..i;,... .• •• `r7 k the awheg,e4 est eet.enten!"ScPli.rid.i.,ft4311-1The.PlakePlutPltStett rieTtheTe Otill4jattl11 Pack of ., .., Pe ntiiii Diiialoti I'dited aoLleptembei.; 1978,-4/eCaritedrAda Kin/ CoutitP'Reeeeding No. ,v. • 7805250902;;reeilidi,of Kiniiiii.,<Stati'cftitoaielies1 pcolierif'desolbed as / rq•'' ' ,•:.•.,'`.,:.:li..ist.,),.?..":J.LM st,;!•:t .t .1,, •: • i“.•,; •17h7 ,,' \t..1.., 0,1,sk,,,,;. )•••• • . .•.. „ ..'. •• :"'.: •t:-i*4-1-4.46.1iVA•csgi.+0 le ' ,''. i ...t..'..! 1.,`.!':•"-i'Z',,','*: ' ' , . See Edgbit.B.atiached •-;-i . ..-i- ' • • • . •• • •• •,, ••:•,:....,...••••zi,.4f34,44pt$,,-. til fkf.00 f k -. g•t;•-. ..*- • . At. 4:?',."Ct*, ' ' '- -" /.-.• •^t• .-,... . - . 4-''''•': • • 1 •- • -...... -::.! • :--; ,,,,A utility casement,20'in width,being mot.,eparticidasiy des ss follow=,z,5.5-'.•'.e ' 7 7-1, ' V-...' i' • r-:::.••:,,,, --,r.z-•,,,A4174„7ie.:14-,,,z3,..,"'..r'-. Ig, ....-...:..,). ,. See Exhibit WI attached hereto :• "':---. - .-.: --•'a _ • - . •.,.T-•-',,'t,-;I----.r.r`.r-- . ...ff.,:••41, 'N , ..-- .- c;, .7 ... •...I.- '.: .•.1-. N.,„ THE CITY OF RENTON does hereby abandoa •and-release :ill rights acquired under 4 ‘..;.*:-.4 ...„-.,,,j abswedescribed easexnalt. ,-. x , . . WHEREOF,said City has caused this instrument to be executed by the Mayor and City i .•ti,f,,V i'f...: k. .Z-z,' ,), 25th .i... of June 92 4 171''.:...sr-t... •... Clerk4b1; -- • , 19 • •:+e-r.:: It'ov. 44.1-g ..., i.-.‘,...44.-,.. N) . , 7, lii. , ... •••-,:3, )....) 0 3 , , I, 45 F - - 4 ,..0.,,,..,--::::: ';'.-.: . . A.4:••• I • ..., ID, .3...;17: , ':•i, ..,..7?S-, N- rt.'', • ,.. - ,..--.. • .: . •-1.-, -..e!;, C, .....e-• • OR , .„,;,. 5 r.'• 1,.s':. - p •. '''r .' 'ft" , ....4 • ,•#,E,.,•.:;•-.. :".. .., 4.,'-'-, c ,, .-.,-,..,..,-,.•c. ci„,1 ,,tj . — , - ‘ -.':',.'.:' ,„,..:13. ,". , 472y.'-; cC ..,. Cn WITNESS CTTY CLERK '',•,',`":' tl) 'I CSI ' :4':::::: c) STATE OF WASHINGTON ) ... . , ./..... SS ..- _ . ) ,-- , :. s el '3• - --. • ! ..` t'- CD COUNTY OF KING ) •- 0 ••' '."' ., on this 25thday of June , 19_92,before me personally appeared cia 1 r.!. .. Earl Clymer MAYOR,CIri OF RENTON,and Marilyn J. Petersen .it. ,(.• •! "' ii CITY CLERIC, CITY OF RENTON, the individuals that executed the foregoing instrument, and t.; acknowledged said instrument to be the free and voluntary act and deed of said individuals,for the D t ,7' uses arid purposes therein mentioned,and on oath stated that they are authorized to execute said D instrument. -' F iN wrrNEss WHEREOF, I have set my hand and affixed my official seal the day and year above = 0 • written. \ ()-4 -- 11/4-0X.D -..• ..` . '-' •' , • . . • •- \ No cinand for the State of Washington residing at Renton I _ My appointment expires I 1/2 9/95. -. .- FTLED FOR RECORD AT REQUEST OF •-: 0- • , TRANSANTERICA TTT1Y.INSURkNCE CO. - o 3::.) r- • •,,, , ;;.T.F., P.O. L(., . .; L . Bellevue, WA 960• Ct9 1 : - •--.:- - ... . -.. • -- - -, - -_,- -., .. •-.:• - •••••- 'r••••••:••,.`":-.."----:...::,•'..,,-•'• --'''-*-,7,1,?.. .• ''' -;;;‘,X,'.4-----ik.049?.4- '-'-''-", -:. kl,-.----,i-..-• --,---.--• 1-:-. :: .. _ _: . . .:r-- .-.,.;,....,-:•,-.-.---....,-,,...-.,..,,,!!:,4,--;:-.. , ;•:,.,...., ,..,t4. . •.,--•i....;,..40i..:„:',...• ':401; rf:',:i-V,-" -M,':,',L,-; : --... ..4"k•I'4'-,.'-'2-:-rA.;---'.-* ":-•- - •'--.• ::: -..- .:: ,'.:"..'..if':'•-0.-4_Zrf.,..7z.'"1•-•,',ti.'-,-_--',`.-'• ..-F-.--..-:;;ik,..-..;-. . .::-----'4•7-...1.:1,:-...-,•"--.7....-,-L.4.);;-.^,',5-0.-.i....---' f• ,', -• 1....''''', 4.i;-"i^"i ..-' •-••••'7,1:-:'-2::,'-'...,;*;-.7.-1,4-.:g*:C...1.---f".-f2Z7.14;.....t. z.i.".:4.;'::=;.;.::.--.Y.,72-.V.;;:•9;7:1"4,.. ....:-'2.'.. .:1":,-;.'•:11-...''.'..:''.-r-.714.'". „....i.A.77-7.'P7'...,,t--$€"::-.'.?"-• ' • N-' P..,... • ..••••-•-,,,l'•m• I.t.V.,'.-':r•• '''et, '' ' ' • '''[... •:.'')'')*?,N1”..re:t`.).-.1q7i.'".••:.•'', 141'1.-••:"..t';:,V.,- •.:.',.i.44 • '.-+.-'v, ,," l' -''' 7.-.5...:. `.. 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""lr, ,zi' ,•:-.„...-,.-_'•.-i.:,t••••'„;'7*.:„...;:&.•••• . .1 _,..j'•• 7 • .` • ,V Z•t,. I 's '?c'71•.;i.YIN.-47.' K41••-•.^.:,7"...•;".-i . 7. f4.*.7.-••;;A'. • ..7.':. .,':'•2',..-..'-':. ,'7..-:.•,=>'L'••'..fkZ•ikt4F-11•47, .;;;.1',43.3. :::..'•'?' '''• .- '. '• . •• ' '1,e';:-:..,.,..'•'A,+.4,gViii*".2.' ./.'. ''' • ' ', .:7-1' k-,..i•',471.•,,i• •TIF.;i •%O. • •ti 1'it'vv.,. • .. .. ''..ri.,h'... s • ..2....101:,,2',",,%•-"I. :,-;,..! .1 W.A.-a- ,}Ait161, : ,',i,/.k•i'• '`'...- • -- ,, • ,,, -s' ,4. ..,,v;‘,....... :.....:„.1..c;,..)..„,_.•.,.:.yle.,......-,..,..,..., • .• 'i.4....b Az: '1,14 4.4.6 4.,M a.,iirli,ZC •--NZ.4.5='-!'::'-:,--.1•1'':•'':-'. ‘7'. - .• • • ._ • _ t 1). r= In GI . •. EXHIBIT A 6.58'ME4,15 . " 1?.01"E N 338 ze. PI n • .•••.•. - • ' I "`,„ * ,.' 1.1630"e ..... PLAr -4 . . - ._ _,__,+.. ....." # .348.34.Al 1 LINGf AVE 1,328.13: 1 • .4k'tts". 4 ...:....144.,,4?.Ic...,.::•7•,:....tsy:,.4.7k4...;:::: ____---..... .* .--•"--- - ..--- ,, 02. !OeI51"E 1.169.00'PLA •••-•,• •:i: . -,, •---........, ...di61151111.... • a ...„„„.............2...a...AN r '37" •77',...,„:"!...,.4--•,-14.-i,_::.,• • • ••••,... .... 41 \ i ., i N. . ,-........ 7 4 f'4•••1... I r*X I> % ''e. . ft fi If •..,1, 'r,''''',.... (t. .e.. ,_. t.... ,." :. I kiq>.••';''' ....i, se I>ff. . i, • .-!..„,,..,10 LANDSCAPE a UT7LITY ESN'T •• -...._-..e. ,' to*Fiik. '.t - . ;:iTF,A4.,ALCFA3 STREET FRONTAGE PER PLAT: •-..ii.:.:*-* -!....',.,-. 4i.:.i.. ... :, 41.,,•1 41"R' $1122-',1 I • /0°TELEPHONE.EGIWIT NM Na 790509004 1., 1. *LS a •dc.,,,..., •Iq 1 --• - .. .. .... . .•Zt:-,1-.0 ...-- .•\- , •)a...f, I ou .,- •cd. R., ;i' ' ': ' . , • .17,3 ,414?.?...'p..t-,.:,.. ; ...e.•,:wrioii•i.'•‘• • .* 1 • •'-'. !?..NiPP,74... -4.-•.1 '-.1•Xx., -- - . - 11,-,1 4 4••• • 44.1/4 I - ' I.:: I .'4 t4eAlti . 1. 's.- '' . OP . . 1) '' ..... . .1:1.° I.'. ..--"'3; 7=/. • •• 4,--. 12 , ,,.. .:,.." • 0..21p_.31.0,..4.t9.1"-- . 8 ',-*:',--.:..•=-:--3•' ;. Ve in It: • '- *3. .70,41r.4-1z-'-‘i: z e .. . .... . 2.0 -4 -7+,.T,• i.-.- P ill 4 •I:e •:1'15%, I ' . ‹ •1,14,-,,,r--. - ... 0. / 054 =I I Of Ci *-' ... .. , ::: t 1,4 8 - , .....--4,14)...- ._, t„.•• t,--'Yz..,•••1 '',.t..-• ,k1,7.q,.4. .. .--41 .••• .."--4 - • ti,"--;,,,,,,-. .t,..: I . .. c' N , ??7_1 , ',i 0 , It '‘.att):• 1 f i "i•P•1 • A 4,4., •-• t.4 1 1 -1 4 .13 • •'''- ). '''%::'', 0 -. z • I ''... • •IN C5:1 ,.,_ .44-'.'''''•• t C54 . • ;4 , cf% :17 Cn ri, ..A •.-..., ..,r..... 3 .›•:, . fivA.4 •,...,...• ... .. c.; .* ;Is. ••; •::' ..- r I. ,,,...0") '4 . . ••••,. . r:i.i..)71::,.40,,,?...-k`l..-• im... ..< , . ••'. .•• .s•.1,4,1•:,,..._ ' 7... ,, t cr) t zo • •i, -.0./...,f,..•••.-. 7. . . ,„ 20!UTILITY ESIIII'T-,--, 4:•... - ..-- .... L, ,..f . . " " 'IL • ,.•,:„.,. . ( YR) -:' . . ' ' ....!z,....;,-......, -----*--t.•- - -, = -....., • - - :.----,--- -- - ...,. ---:-._-- - ----_- -_-;-: - ...,,,,,ii.,•4?:1, • ,'• ....4C 1, •:-"`;::, *, • ; • : N 01°.50.12u E •. .:/-.- • . "9" c)'6.77' -• ; ,r7,1•1,e5,4,-.., 11 (1 13 -53 •. ---,50 12 E -.41. % I, ••°' ...../.... r.l.• ,scArg a s. A!?:.' • ,, ,:, _ ii -1-)7 L. 1 .", , •:,,,•,...:. •.,-.. 1.1)..;•,...!-- 4•,..,•!.•;v .:ESN T • . I) ---9 ...74;r..1,Kje r.,. ....' T r- . .. p2,.: , • ..,•,. • ti-4-1"4" ',' 8..g', --',0 •, rQ E ,..-1 (:), ...\• . ... ..,.-r. VI 1'I r cur -•••: ,• Cf)U1 : t• .• : •'..."..... .,- 1--• R1 R1 M ('''' • • 0 0 * ._ t 5 art•• i " • 0 (.1.1 . ,4. . .....-..',-:..,:::..-, • • - - , • ,....- , -15'LANDSCAPE 8 UTILITY ESNI'T i .,. CTI . . .•••....,.., 1 ; v. ALONG E. VALLEY HWY. PER PLAT - . • , ,9 s ....,..„,._,...,__,___7,T.____ t____ •_____ _- _ ----I 791.67' 1 F . --4-‘°- . . . "•, N 010 r- _ , 50 * •E 1,941.23 PLAT N 01°50'09"E 1,94-0 751CA . . 'ZX:' t w FD - _,...• ..,.• . . >>... E. VALLEY HIGHWAY I -'•:-- < rr„z - :•"....,_ . _,.._ : - -. - _ .. . ,_ : -:i„.4 '..-1- _.,,• -,;,,.,,,",...-:.i.:;,;- ---..:5;--.-,-;. •: ::;-'..:.-4:111.5-74 rri,;.:,7-::?, ,-...''-',! - - 0 : • _a' -.••-.4c...-s;.•.:•--2-;- ' •• '.. ' •-- !. ' -.',...,.:-,-;;;;...;t:14'1447-,,If.'.....•-4.!L:-.6er,..-t:-5-:.4.,1,..-"::.- ,-...-- •,,4,-;,...r- -r„, - . •___. _ ...„.,d.•.ti.,--,r-..i....-;',,,f...-.:41.- i- ..4.1...12,::...!_,,,_1-:::...,".., ../-___,._- _.„...-,:.-J,,,,,,,:),..,;;?;:,,,,.i=,_.'". •• .,..,,,..i...e3.-, .... 1 ._......._,..,........i__.__..i...,,,,.....--...- :,..--........,- ,..„,;-.-..:-....,..--,-,-......-...-:„,..-,,,t,, ,,,,.,......4-:..,...,,,,....--.„-.-5,- -..x --,-, _: - „.....: ...„,. -- - --....,,,-,i,... ,„:-......._...-....„..„, ......... .r...• .....-.0,'!..... -.. . . W1.•(:,:::4:1--- . ... • • ... :, -• : .. . . : - • . . • :: :,::, t• , i elikAN''14•r-. " . -• s ,......i 1. • ,•f ,.. ....1 „„/ V ,kr-V•,. a.::•.):,:t„....e.• -• . .: ' •• • - - • . le. . ski: ••• t- N......-,... • .,- ,e•':... ,, ‘,..r• 0....,,,..,.., , ,. ., . • • • •• " 1-•/•‘....li'-.1.04- .• • -.... ...• '', • -•, -ser.A r•-•••••' • ••• . 1• " .- • • . . ••'••••• 'tt-••••••••e 0'• " •,‘ . •-.• • • • . / ,•-..., 4.•//f -'• t' •' . ,-' ••',- •• .-. •••• . • ••••-•en•ii,l'f /,.•:./-'. '.-"4...,--, '•., . •...-. ',...,-..rWt0•4' - 4 • .,' ':1;ti.i. 414' .I 91f-,3".. V...". , • ••, .':'-%,“ ?. (4.... . *. • -4; . '... '• -4.i:-• -, • .1•`. . . _ . -•••• • . . -.•,V11- t, "' 4•••'t.'-f t • .. • •- .."-.•.f.0634,,d4lipkilltiiiiii,x;(1.14-:„•.40,..,...:... . -7-.411.Z...4..:.,":4.14,:-.4.";:f,E. ,L. -",- ",;,,.-:4,.--; . 0•.•' .••' . , . •0 /..' P•I,-. ''—,..° , '• Y...?`Af.:•; .- . '4.,:!%.,,j',-,- iE• ,. N::.. . •• . .r. EXHIBIT B . . •‹,t.r.'5.,•4r •-.4, • ; ,) • . !.11, ' .. , .. . . , . ...... . • t .- . • • • I ' i.:•.-. . ,1-' '-.1!..--:..•,' . zamatx,„,ti.,..::,;:. ..: • ...i•,.: .• ,:•-•., ,.... •...t. ..2.,,,::-..,.. f.:.. •-.i.... ,. • - . • „.1,,‘.f.,(.1 fr• - . ' 967444144414:4151;•• '4.. ''''.iii4;•"1',.4%).4.`;•*': ••••;;•1...."4-1/krZ;;.:••.1k: •:f,.,... •i-,1,4,,t. .; , . ./..'::••••j. .•••,•• r;e: •.•..,/'".: • . That.portione.of;Durlington Northern Orillia.:;.Industrial•;. : :•,4:01 ..:•:.;.- ..;-:,. .,- . . Paitts.of,fttent:Olif pii1.819:41•4•X;Ti ti4.'ii.per.:,:cpXatkec?rcled,c.;1!;•;.k,....... ... "4 -, . Volume.1.04;pC4Plats i".-P8geir;12.;,t-and?,13414;reco. rdsil.of4Ning, e-,s. - - ,i - •• - r:,•',1, County,described as follows::41::2'.7•1"4--rf-1,14•14.p.iy..7444::.4Pr.lc.,;:4*r.-A1Z...... ••. . • '0•!...4 . .„.....,..., r,•, ,• • •"I',":"12'•,...,•,4,/•••••.4..., •:.-."%il:•:' ',.0.•• • vr(t,'....-•.1-'-‘. 4...1A-:, 1:1..*'5'4=, , --.-..•;;;-'4:t4e,'• • ','Ve ,ie....,.;•0 k‘N;.• ••4' SI' ' • • . f •.,•:4, e/ .'•---••.A• • ., • • ..A••••>.•.4.11,•:..< ••,•.•• a •.4 ,./!1 , Lots 0;144'.'4:6•1'7 and.8 ,in'Block 2 .. 1....t:‘..,....„ .,...t., „‘. .„„..Trty, 7,),...,, . ',i '••',";,•-.. :,:-. .1.,.• iir4'.'• . 4*• ' .,“ .'1. ‘•t:i.14' •— s..4/44)'1 'WKI"*•••t l''. ••' tkil ,,....5.k a,Lerg Toga •er,:v •,,Lot:2:iif'City,of Rantcn Lot naAdjustsent4 .: •• v.,,,..,,,.>vs.);. •..t:::::„..L; • -' ''No-ALLI016=8.0:trec0rded; under-.1;,•King 4 County.px Recording-,,,r‘,:•-:. ...,. •,-- - f.,,,,t.••..,...••_...7,-;•...- No.586011390011 ..- '---•• -•••.....-.,-•;.,r :•-•;,..--%., -• 1 '.--•••:3..4,i:•r, ----thi_:. .i....7 W.-. ' ' ”',.....' ' •-.!..t 1,.......,--.-"' '.., '.....e..--' '. .1...-.?..1......,.,4,,. , P•=i;-.. .••• • . :4.4: '''o!Vt:/"....AV:-:rd.i#:;,:411:;,:' '''.',.:. ... `;'•:Fi.,:1:•- -1.4-iir,-5-7. 7.4i--z.:•-1-74),.--i ---t-t,'N,-, vi-_.-. --.;•-:,4," -;:- Andk together:7 with all.--railroad rights., •of•••••'way:Iyir: tie:-•.:;.•:;v3-::,;:. adjacent...to;lots 1, 2,'.3,..4, 5,..4.6, 7,;.--'.B:and. 9.in z.sa :rt.. Block. 2'Aisid.adjacent to Lots 1 and'.2* of:City of.Renton:-, • •• -,,,,........; • ' ..k.,.:it•-f•--.,", .14'••••• N LotLineAdjustaent No. LLA-016-85- . 4 recorded under - - ..-.7 • :,:••.:., 01 47;1 Ca County Recording No. 8602139001 and adjacent to Parcels A ;.•%. ..."V• -• and IS 'of Short Plat No. 378-79 according to r.he Short *'(', 17*"./,.:,•,' •1 Plat recorded under King County Recording No. 7909249001; ,...:%•., ..-._ CI • .:1•t,-1:7 t. or .4!.4' . . . • ._ . . .. . . „ • , . • • .. . ..,.... .-• 13.41,...11,.. .#01 CO ParatLJR w-vivei. Itik.'sr-,,- -'f••••••$. 0 *,•;W ..1-"Fi.vt: • • . . --,• t,i•e,-.1,-,w, N parcel.:Wof Short Plat No. 378-79, according to the Short •••:. a) Plat recorded under King County Recording No. 7909249.001; ••••-.1.2...1.,41,.•. ,.:...;. •v•-•,-...c?-.1-,...• 1.••• •31,1,. 14. •14-ki.c- „g....,,A.„:.4•••::,.:•N, Situatakin,the'City of Renton, County of King, State of .1.•-,‘;4741:5-:g •• i Washingtoil.,..1,. : , ..--,-. • •. It....f ...„- -:,÷,- : . • 42.44,.,L.....:.•:1:::,. :.' S • •••••. • : • - '• • „3.7,,v-1.,\;;-4.,-.. • • ' • • 1.".415 77,• -:.••• •-•:1 ' • - • .,14.:. . 1....‹,-.•,P.., .....,,- '47•-.7,1‘,1,3,3•,.....), .., '.:41,4•:g.".,:4-:1,!.1*. t,...(-.....• ....... ,cf..:.,,,:-.**• r .._,...,..-: .....,....5.1"./ '?• t•uT,e•,••?••i."...' .' ..•.`I''.. .:4'.27.:t.' P,%'f4:141:,:-',' '. ..... ‹,•,..v; fe,e... $,,, --a.' 4.-t-,.-•::•;*,E.,,z. -....74,.., to., •,,...).• ,....o., ••_"'.7•:•:rc... .t.'•••1 1754/0C(5:2/91/92:RA01.3 EXHIOITA.nel •• ':.1••••./.e.;.:' . ,..-.•-4}'-',--;-I*" ....•.'.7'.•:.7'..,1,•;• .: eir,••r.";Zi'•'...-'•• ,.,,,TY'.„,,'.••• .._...zz!.. -, ':. ••. • ., • - .... _- " • -;•-j:.* '.••••••ok,.:,•••••.4.4.,.(..-AM•4%;•''".'/..:, ','••-:,-. ....-,57,24,,-,,,..4:04.4w.4-2.-i..54c,..i4. , ,,1-1 ,.. ,,.7•,:,....:..., ..... . , ., .4, -'• ••- .'•'• ••_ . •;- --r:------$..Y.,•:••-•^-'••'V.:..,-••4.•,,••••1'-•'•• • *-e•---.4•"..•..*Zfr.4,014-,k41"-4..---1i,-..:.A.0. . .•14:1-1,:,:t.,....-;_', ..7.,•- -••. - -. • • .:' \---••••••;...-4V.,-..1:-,r .,.. ..„1,•.. -.! ,•••.• ' ,• ---4”. t.-t--....-,,,,,,,,,-- ----.. '''-' •••••:•-.,•?...--.‘"'v.,•-•••••Z. .""•*,•-•;,....--.. .r..-..... - •. •/0"..---er••94•;,...1.---.:•:-...er,..,7. I•--.: •,:-.:.-...---••-• _.-•--,•,-...-4.4-..•,`-.1k,... 1, „ri.,:,.....,-ET....',..,-,•••-• .,:-•:&,-....;',/...1.--,-7.,..;;1.5-3„..,,,.:1-vizOcr•.s......4 - * -.):i.-'-''''-`,:t-'",-.2-: -'• .r•••-•:: :,*i--°Z7-,--,')•, '•- -;'-':':':."-;.-••:::•.---,-:. .,. . ., 1. C-4077 W.I I I I•S71 RR'/ARR OF EASEMENT I ;A 2 May 91 WNEREAJ.OM TWIT 15th ^AY OI-- 1' Glacier Park Co. Us W.b1 WP14Q'YiCALIORD, LCNC. TO IDECITICROITEWENTINCCUTEL1EFEEOWEVIDEFIGET.NIRENAITER REFERRED TO Al THE•TILVI$OMI CON►AMY.• - OR TO 1T•►0EDSCESIOS I INTEREST.AM EASEMENT OR R1SN Or.WAY UPON THE POLLOW1N0 DOCRIOSO►ROPIRT'Y ` King Washington WHICH IASEW 1 DR INNT •ITUATED IN.. .RUNTY. STAT`ud itor OF WAY IS RECORDED IN THE OFPICI.F6T$$ /A+ Ca 0/SAID COUNTY IN W"• OF Plata AT PASS LL1 Li ' PARCEL A ' • r That portion of Burlington Northern Orillia Industrial Park of Renton Division I. as per Plat recorded in Volume 104 of Plats, Pages 12 and 13. records of King • County, Wa. described as follows: • Block 2: Lots 1. 2, 3, 4. 7, and 8; and Lot 2 of City of Renton Lot Line Adjustment " 1 No. LLA-016-85. recorded under King County recording N. 8602139001; ` Together with those portions of railroad right-of-way lying adjacent to Lots 1, 2. j 3, 4, 7, 8, and 9, in Block 2. as shown on the Plat of Burlington Northern Orillia Industrial Park Of REnton Division I. as per Plat recorded in Volume 104 of Plats, Pages 12 and 13, records of King County; t _ Situate in the City of Renton. County of King, State Of Washington. CO Parcel B OParcel B of Short Plat No. 378-79, according to the Short Plat recorded under King f•-• County Recording No. 7909249001; O N Cr Situate in the City of Renton, County of King, State of Washington. . W (` v z EXCISE TAX NOT REQUIRED H KIN Ca Rocco*%Aston L W NOW.THEREFORE.FOR A VALUABLE CONSIDERATION.RECEIPT OP WHICH II HERESY ACKNOWLEDGED.THE TELE. VI their SUCCESSORS N� PHONE COMPANY HERESY RELEASES AND ABANDONS TO SAID GRANTOR AND TO L3 -I J J IN INTEREST THE EASEMENT ABOVE DESCRIBED.WITH THE INTENTION OF TERMINATING SAID EASEMENT. C3 vl --...1 _• IN WITNESS WHEREOF.THE TELEPHONE COMPANY H Y A•C,/IUD TNES[PRESENTS'TO S[EXECUTED THIS 1J 1- 16th DAY of June 1/ US WEST COMMUNICATIONS, INC. - e n•TC•,+{v...n/w EST/-Ban.-T'[LTDRQRn-COD PAICY' I- By N. L. phiny / -: _I / ~ D. L. Dauphiny I- STATE OF WachinioroII I li I COUNTY OF 1{ing s O 1- U o0 ON THI• 16th DAY OF June Is92■[FOR[ME PERSONALLY APPEARED o W D. L. Dauphine `. I TO ME KNOWN TO RE THE Right of Way Manager-Operations • � - - OF THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED THE SAID IN• • STRUNEHT TO SE THE FREE AND VOLUNTARY ACT AND DEED OF/AID CORPORATION.FOR THE USES AND PURPOSES THERE- • W IN MENTIONED.AND ON OATH STATED THAT he I/ AUTHORIZED TO EXECUTE SAID INSTRVMENT. ,Ja 1 IN WITNESS WHEREOF'. 1 HAVE HEREUNTO SET MY HAND AND AFFIXED NV OFFICIAL SEAL THE DAr AND YEAR IN r..S "ERTIFICATE FINS- ABOVE WRITTEN. I-) • NOTA •LIC IN OR THE STATE OP "'1. • I REEKING AT_a..- ---- -- ' :'yA""• *.. .r�..A,v" Is• �s. Lf..1. • II' THE DOCUt* T T..IS !.I,IE IS LESS CLEAR THAN THIS NOTICE l DUE TO i:._ !L_i'r Tr:: DOCUMENT. •• 'ks,,• , T� 9207I5086J RELEASE OF EASEMENT p �D To PACIFIC NORTHWEST BELL TELEPHONE COMPANY -•t I O I cn co _1 • • REIVIIN TO AT R.y -us rto�y Ivc. BLLt Nt&tom Ste- tAII Q I9� r':.!-'-' • • •''r-��er ".) Z.. .' .rS �.�• �. •L,a� :,, •..{+gyp � ` •. • • • i • .iZi'•' .•'� a•:.:c «�{- am. ; �' 1 ' 5.' t • • 1 rrl • sa w • K»'+ i'`• x F ::� After recording return to: ii ) u tlp.i " , 44 wi `' t�, FOSTER PEPPER 8 SHEFEL4AN "' !I 1111 Third Avenue, Su.te 3400 Seattle, Washington 98101 •`iel;:(�•, Attention: Michael Kuntz •t:- ,V• • RELEASE OM DEWED RAILROAD uaar-ar-RAY ; - . THIS RELEASE :ade this aC day of rune, 1992, by GLACIER 1.t. :'-\ lv PARK CC*PANY, a Delaware corporation ("Gl_aier Park") and `; I BURLINGTON NORTHERN RAILROAD PROPERTIES, • INC., a Delaware corporation ("Burlington Northern"). -i= Ya t Recitals 9, it ' v N . Plitt- `, 1:PI 1. Pursuant to the plat of Burlington ..;:�`�; "Y�p p Northern Orillia l l i a ;x.":,;• 2 2 N Industrial Park of Renton, Division I, recorded in Volume 108 of :. .: H O Plats, on pages 12 and 13, records of King County, Washington (the `•„'•;,. � "Plat"), Glacier Park reserved certain rights-of-way as shown on �-+;w•. CAD the face of the Plat for railroad purposes. r- ;H 2. A portion of the railroad right -way shaded in Exhibit • ;y al ..� A attached hereto has never been used for railroad purposes (the 'y"- ' C.; "Unused Railroad Right-of-Way); ✓.'. ue ,NW 3. Glacier Park and Burlington Northern are selling the •!;1:;;,;E;• IL.3.7 property ("Property") more particularly described on Exhibit B '"L1 attached hereto, which includes the area encumbered by the Unused `.;`"i '=e•t Railroad Right-of-Way; - , `.Wb- ;i 4. As a condition to the sale of the Property, Glacier Park • • • and Burlington Northern have agreed to release the Unused Railroad \n Right-of-Way; ~.� NOW THEREFORE, Glacier Park and Burlington Northern hereby I1; release and relinquish all of their right, title and interest in ,- .: and to the Unused Railroad Right of Way. Nothing herein shall affect the other rights-of-way created on the fact of the Plat, uor including the other rights of ways created on the face of the Plat S � that encumber the Property. G , UJ (signatures on following page) ,:; _ R n r OF n �r�o •r,rrnr'n �T r• t CO. rn r FILL • Ti'-..• • Ali •- - ^T ^rnr OF B ��,�`9,til)� tit :V.v. is U• cif.-:uc' t U. BOX 1493 1 ` 1--_.__ BeUrvue, WA 98009 1...„) : '' 00,702 02A -1- •k^ `. . r, ��• a.- •.:.� .. ..„SF-!{.- .C3 ..l. - v,►;,tiv's.c.L {`�, �.i,. .. - a i-,•I1•I- •,7:.•.r+y &i.?i�fP. , _ -__.. _a:.. ,.....c - - .+•V. tom S�•k-' Y-r ,--••.- ) 3,. ' ' , •• ;S i .41* '4 '4.'ci;* 3.). ? ti i L --iflt, _ .'•fir .. >r: , 7 r'-"Fai • c; '."T. �1•�':i yy'�yF;>_�:. .y.s:. •.' • d'.�,,.. .ice ,,a ... '1•: �. , •�'• ..*.,�;a , - •�• .i•. r _.- :;, I k.:__ far '►-j'V f l 4 ,` •,`e 4.'pi:i :=yam`.• .q�F1 A DATED as of the date and year written above. \ GLACIER PART( COMPANY, a Delaware corporation ?.c', By £•r .. Its vb..- i' l 1 SZ BURLINGTON NORTHERN RAILROAD, + • PROPERTIES, INC., a Delaware —1 -. corporation : . iW u BY 10 Its 17 h- STATE OF WASHINGTON ) 11 N COUNTY OF ) • lri W C I certif I know or have satisfactory evidence that .v.- . t.0 / is the person who appeared before se, :�u N and said person acknowledged that said person signed this (.1 instrument, on oath stated that said person vas auto rized to JO CI) .• •/ execute the instrument and acknowledged it as the/1„, ; aoV ;' ► GLACIER PARK COMPANY, a corporation, to be the free and voluntary • , act of such corporation for the uses and purposes mentioned in the• ° instrument. • Dated this o2�p day of a1�.. 1/ ------- , 1992. 3 otary Public in and for the u :°`„,,, state o Washington, residing o `?'1►�,.... R,p�, at \- e7-Z7ls ='^ S�;a, t�14)�7:c. My appointment expires ` p Pc. i; .• a ' 3-03.Od ; O O ®®� ' w'eN\r,"• OF �Ag�ma ®m® n q s i OM u:al, • Al o°co -2- `\tkE Cq °s - i>:0 HOT4. 9.Ct O i+ r h a - - -•Y,.:cS4r ,•i.-.r .� --. r,j,��`.-h7.-�i:CT .,. a ",-"-•+tr✓,, _ / {r-- .•:•, _�";.�i Y.. 1_,.-. .:r-vr,�..:..r.. .m, _ ... .•r.c:-t,•? '+'.,' 4r., -.�' :`"•"9 `f. .ter'• ti. lc i ��.. i.;.i.r ., ' "'�i- * -.�,:x}�•~ .,• c.....i.;�a . .i .. ,.. !....c,;',,•:,:e.r.."-54..-' ......'...: "...*:,,.,--`:C1,:,,,,.'--.1;r4Mr 4,Mt k..",-:).:(4t.,.,.•••-""-..• •A.:: -...'•yt-•v• e't •' -LI:. .. -tff: ,.:"'.. •.-...' Ai.. • '-`- ';.-. .- , - .•,. -"A.',51---L ., ,-.!..-t,..,. -, .j.• .•-• ' : ..:;.;.1), e -k.-:- 141. : •,•. :,...11. - • :.--:-''-;,- : .. • .. !'.-,v-••• e. ".•"'.. • . - :••-•-e f, kihotl- .,..z..,4,..:;;46',„......_,,,. ........., : ;,...-. ,-.)C,' •, -ti _ ... t*_. . :- -. •- . ,•••• :..;,-.•.'"?'-'.:-..' :;:.1.,\17.1 ., -'" ---...A:.x.... ' ..• 10111 ." •..14tZtt7N... 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I certi that I know or Lave satisfactory evidence that ...,'.;•;,..; •.,-.7,:*: • is the person`wbo appeared before me, and rIci '.. 1 ..), • parson acnovl.dg.dthat said person signed this instrument, on oath stated that said person' was au oria to execute the instrument and acknowledged it as the of ks.:Fi•i,-;:-tri.. ..t i BURLINGTON NORTHERN RAILROAD PROPERTIES,-,DIC., a corporat on, to be 1,,,,L.,:.,..:,-..„:„.2•;-: • W the free and voluntary act of such,cprporation for the uses and -.1.:.A.--1..... purposoo mentioned in the instrument.'.714'."',---- 4idir\-", .:-.. . ,....-- .;., i Datod this ,,,,,•16. - day of •... „ 1992. --. • kar..§.... 0€1 e4. attarY i .• I 0 Cr) 0 . :co-'%;;, Pub, ,,..,,,c in4,and_,for the • •. ...,. .. • .. . , ..•.. • . A 44:••,\ ; '' (.0 • o,„ ta!,:e?f Washington, residing --":-...t.A. 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I. - f11111 .ss i ..r a N RECORDING REQUESTED SY AND j WHEN RECORDED RETURN TO: o • Alston, Courtnage, MacAulay & Proctor a 1000 Second Avenue, Suite 1900 i.` Seattle, Washington 98104-1054 ', Attention: Robert C. MacAulay fii 7 Li . RECIPROCAL EASEMENT AGREEMENT WITH Is COVENANTS, CONDITIONS AND RESTRICTIONS+ :t :c BETWEEN ',1 > HCWA REALTY CORP. f,.. AND ;. POWELL-ORILLIA ASSOCIATES .` `\ 4 NI . !z'r, tt Cy O .1'. ' 3 N 1— f r I ^r FOR RECORD AT REQUESTOF I-r}r 1 FILED TRAM5A1viLR1CATITI.G I�iSU1L1NCL CO. '..;JJ��jjt :T 320 lOSIA Ay- N`C I:,.^yvlt.: p, BOX 1493 'at• �' , Bellevue.WA 9800`3 J :•y?!:-, 1i1. iC .,, Vi 1ti1.' I .„ FC. r r?+r 0 MI A . i RECIPROCAL EASEMENT AGREEMENT WITH • COVENANTS, CONDITIONS AND RESTRICTIONS • TABLE OF CONTENTS Page 1 RECITALS A. MC Property 1 B. powell Property 1 C. Shopping Center 1 D. Owner 1 E. purpose 1 ARTICLE 1 - DEFINITION OF EXCLUSIVE BUILDING AREA AND COMMON AREA 2 1.1 exclusive Building Area 2 1.2 Common Area. 2 1.3 Conversion to Common Area 2 ARTICLE 2 - USE 2 2.1 prohibited Uses 2 2.2 Zurther Restrictions 3 N 2.3 permitted Uses 3 ,;, I. O ARTICLE 3 - BUILDINGS 4 04 3.1 Location 4 O 3.2 Fire Protection 5 J Cl 3.3 Damage or Destruction 5 n ; ,= O ARTICLE 4 - COMMON AREA USE 504 j I 4.1 Grant of Easements 5 4.2 g22 5 4.3 Access 6 ij (a) No Barriers 6 •l i (b) Staging for Construction 6 4.4 Limitations on Use 6 (a) Customers 6 o (b) Employees 7 r- j (c) General 7 w j (d) No Use Fee 7 0 4.5 Utility and Service Easements 7 .^ 4.6 Signs 7 4.7 Outside Merchandising 8 ARTICLE 5 - COMMON AREA DEVELOPMENT 9 5.1 Development Timing 9 11 -i- 1754/005:6/17/92:Ou516 HNA•A8raml ) 0 0 11111 ARTICLE 6 - COMMON AREA MAINTENANCE 9 6.1 Maintenance Standards 9 . 6.2 Maintenance by Agent 10 ARTICLE 7 - INDEMNIFICATION, INSURANCE 10 7.1 Owner's Indemnification 10 7.2 Insurance 10 1 ARTICLE 8 - REALTY TARES AND ASSESSMENTS 11 j 6.1 Real Estate Taxes and Assessments 11 1 ARTICLE 9 - EMINENT DOMAIN 11 9.1 Owner's Right to Award 11 9.2 Collateral Claims 11 1 9.3 Restoration of Common Areas 12 ARTICLE 10 - CANCELLATION, MODIFICATION, DURATION 12 10.1 Cancellation or. Modification 12 ' 10.2 Duration 12 • • ARTICLE 11 - RELEASE FROM LIABILITY 12 ' • ' 11.1 Release from Liability 12 • ARTICLE 12 - DEFAULT 12 12.1 Default 12 • F 12.2 Remedies for Default 12 _� 12• .3 Attorneys' Fees 14 12.4 Governing Law 14 • •`.i , 04 ARTICLE 13 - NOTICES 14 '. ' .y + CD 13.1 Notices 14 • QARTICLE 14 - LENDER PROTECTION 15 i fl 14.1 gender Protection 15 f CO ARTICLE 15 - GENERAL PROVISIONS 15 • ( (,4 15.1 No Covenant to Operate 15 15.2 Running of Benefits and Servitudes, Rights of "!. f Successors 15 c 15.3 Not a Public Dedication 15 ,- } 15.4 Document Execution and Change 16 L., c 15.5 No Joint Venture 16 o i 15.6 Reasonableness of Consent 16 .2 1 15.7 Lot 1 16 _ 1 15.8 Counterparts 16 1 15.9 No Consents 17 15.10 Wetlands 17 • 15.11 Lot 7 17 II -ii- 175G/005:6/17/92:D'1516 XCYA•Agr.rgl 0 0 11111 RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS This Reciprocal Easement Agreement with Covenants, Conditions and Restrictions ("Agreement") is made this 30th day of June, 1992, between RCWA Realty Corp., a Washington corporation ("He") and • ? Powell-Orillia Associates, a Washington general partnership ("Powell") . RECITALS: A. NC Property. HC is the fee owner of Lots 2 and 3 as legally described on exhibit A to this Agreement ("HC Property") and as shown on the site plan attached hereto as exhibit B ("Site Plan"). Such Lots may be referred to in this Agreement separately as "Lot 2" and "Lot 3". B. Powell Property. Powell is the fee owner of Lots 1, 4, 6 and 7 as legally described on Exhibit C to this Agreement ("Powell Property") and as shown on the Site Plan attached hereto as exhibit B. Such lots may be referred to in this Agreement • separately as "Lot 1", "Lot 4", "Lot 6" and "Lot 7". The reference in this Agreement to any "lot" in the Shopping Center shall refer O to each of Lots 1, 2, 3, 4, 6 and 7. •• C. Shopping Center. The BC Property and the Powell Property ' ( shall be referred to collectively as the "Shopping Center" in this t) v.) Agreement. tCD J D. Owner. The term "Owner" as used herein shall mean and N refer to each person or entity which holds fee title to any portion C) of the Shopping Center and any successor of such person or entity I ' acquiring said fee title from such person or entity. The term "Owner", unless otherwise provided in this Agreement, shall not include any lender, trust deed beneficiary or mortgagee, nor any lessee, tenant or occupant of space in the Shopping Center. ' s E. Purpose. HC and Powell desire that the HC Property and • the Powell Property be developed subject to the easements and the ) covenants, conditions and restrictions set forth in this Agreement. w o AGREEMENT: .. I 4 1 In consideration that the following encumbrances shall be binding upon the parties hereto and shall attach to and run with the HC Property and the Powell Property, and shall be for the benefit of and shall be limitations upon all future Owners of the HC Property and the Powell Property and that all easements herein set forth shall be appurtenant to the dominant estates, and in consideration of the promises, covenants, conditions, restrictions, -1- 1754/005:6/17/92:D1816 NCLA•AOr,ne1 1 O 0 Ile re easements and encumbrances contained herein, HC and Powell do hereby agree as follows: TERHH ARTICLE 1 - DEFINITION OF EXCLUSIVE BUILDING AREA AND COHHON AREA 1.1 Exclysive Building Area. "Exclusive Building Area" as used • herein shall mean those portions of the HC Property and the Powell Property devoted from time to time to building improvements 1 (including canopies, roof overhangs, supports and other outward extensions not exceeding twelve (12) feet in depth), as the same may change from time to time as provided in this Agreement. "Building Service Areas" as used herein shall mean truck docks, . . compactor pads, utilities pads, pallet storage areas and receiving areas and similar service areas and facilities constructed solely for the use of the building located within the Exclusive Building Area. 1.2 Common Area. "Common Area" shall be all of the Shopping Center except the Exclusive Building Area, Building Service Areas, and outdoor sales areas (as described and permitted in Section 4.7 of this Agreement) as the same may change from time to time as provided in this Agreement. 04 CD-, ' r. 1.3 Conversion to Common Area. Subject to the rights of Owners N under this Agreement, those portions of the Exclusive Building Area v C and Building Service Areas on the HC Property and the Powell •) M Property which are not from time to time used or cannot under the '•ui Cp terms of this Agreement be used for buildings shall become part of 1 O the Common Area for the uses permitted hereunder. An area N converted to Common Area may be converted back to Exclusive Cr; Building Area by its development as Exclusive Building Area, if, at - the time of conversion back to Exclusive Building Area, it does not . violate any of the terms of this Agreement. ARTICLE 2 - USE o 2.1 Prohibited Uses. The Owners recognize their respective i- customers, need for adequate parking facilities in close proximity w to their premises and the importance of protecting such parking oo facilities against unreasonable or undue encroachment which is fl likely to result from long term parking by patrons or employees of certain types of business establishments. As a consequence thereof, the Owners covenant and agree that no part of the Powell Property shall be devoted to the use or operation of a mortuary, theater, carnival, bowling alley, skating rink, amusement center, electronic or mechanical games arcade, pool or billiard hall, betting parlor, bingo parlor or health club, and no part of the S Shopping Center shall be devoted to the use or operation of a t� -2- 1RG/035:6/17/92:DV516 NNA•Anr.nc1 0 pornographic shcp, adult book store, nightclub, or dance hall, or a tavern cocktail lounge or any facility for the on-premises consumption of alcoholic beverages except as an incidental part of the operation of a restaurant or other food-related establishment. Each Owner agrees to maintain on its own property parking of five stalls for each 1,000 square feet of Floor Area on such Owner's property, or the number of parking spaces required by applicable law, whichever is greater. "Floor Area" as used herein shall mean the total number of square feet of floor area in the building, except that Floor Area of outside sales areas and of mezzanines and basements not open to customers and incidental to ground floor retail operations shall not be counted. The Floor Area of any building shall be measured from the outside face of all exterior walls and the center line of party or common walls. During any period of rebuilding, repairing, replacement or reconstruction of • a building, the Floor Area of that building shall be deemed to be the same as existed immediately prior to that period. 2.2 Further Restrictions. Except for the HC Property, no building of any size on Lot 1, and no building on Lots 4, 6 and 7 which has less than twenty thousand (20,000) square feet of Floor Area, or any portion of a building which has been segregated for a particular user and which contains less than twenty thousand (20,000) square feet of Floor Area, shall be used for the purpose of selling home improvement items, including without limitation lumber, hardware items, decor, fashion electrics, fashion plumbing, ® floor coverings, millwork, window coverings, plumbing supplies, j electrical supplies, paint, wallpaper, siding, coiling fans, " N gardening supplies and patio furniture; provided that the J d restrictions in this Section 2.2 shall not apply to sales of such C') items where such sales are incidental to other nonprohibited uses ® and the gross receipts to the user from such prohibited uses, individually or in the aggregate, do not exceed ten percent (10%) '_ 04 of the total gross receipts for all sales by such user on an annual basis. Each user's sales shall be calculated separately. Notwithstanding the foregoing, the restrictions in this Section 2.2 shall not apply to (a) the following users: Best; Smith's Home Furnishings; Krause's; Office Club; Office Depot; PetSmart; Pacific • Linen; Circuit City; Future Shop; Magnolia Hi-Fi; Pier 1, or (b) to any other user which sells a product mix substantially similar to the product mix sold by any of the foregoing listed entities as of the date of this Agreement. cn 2.3 permitted Uses. Subject to the terms of this Agreement, typical shopping center retail, office and service uses shall be permitted, including without limitation fast food restaurants (with drive-through windows) and banks or other financial institutions (with drive-through lanes) , • • -3- 1754/005:6/17/92:05516 H —Agr•nol r' 1 0 0 11111 i ARTICLE 3 - BUILDINGS 3.1 J,ocation. Notwithstanding the general depiction on the Site Plan attached as Exhibit B of building areas on some of the lots in the Shopping Center, no Owner shall have any restrictions under this Agreement on where a building may be located on an Owner's property or where Common Area shall be, except for the following: (a) Any building on Lot 7 may only be located within that portion of Lot 7 which is crosshatched and designated "Lot 7 Building Area" on the Site Plan attached as Exhibit B. (b) Any building on Lot 3 must be more than twenty (20) feet from the north property lines of Lots 4 and 6 and twenty (20) feet from the east property line of Lot 4. (c) Any building on Lots 4 or 6 of the Powell Property • must be at least twenty (20) feet from the north property lines of Lots 4 and 6 and twenty (20) feet from the east property line of Lot 4. (d) The first buildings constructed for long-term use on each of Lots 2 and 3 must be located substantially to the west of the north-south drive aisle line designated as "Initial Building . Area" on the Site Plan attached as gglibit B. HC and Powell agree • F C4 that after the first such buildings are so constructed, any . G replacement buildings or expansion of existing buildings may be A t. located anywhere on such Lots 2 and 3 so long as such buildings Cotherwise comply with any restrictions set forth in this Agreement. Cl (e) Any building on Lot 1 must be located on the C northerly half of Lot 1. 04 (f) All improvements in the Shopping Center must comply CI with applicable governmental requirements. J , , (g) The curb cuts and access areas on the north property lines of Lots 4 and 6 and the east property line of Lot 4 as drawn on the Site Plan attached as exhibit B cannot be relocated, o11 diminished or impaired. w ! (h) No change can be made to the access driveway along o i the north property line of Lot 2 or the access driveway between ,e ; Lots 4 and 6, all as drawn on the Site Plan attached as Exhibit B. • _ ; (i) NC shall at all times provide reasonable access from the driveway marked as "Access Driveway" at the north of Lot 2 to j the access driveway between Lots 4 and 6 also marked "Access V. Driveway" as shown on the Site Plan attached as exhibit B and generally in a north-south direction, provided such general north- -4- 1714/005:6/17/92:0V516 4C A•Apr."ct • south access may be reasonably located upon any portion of the HC Property. 3.2 fire Protection. Any building constructed on the Shopping Center with a gross building area, including mezzanines and basements, of twenty thousand square feet (20,000) or more, must be constructed with an automatic sprinkler system for fire protection. All other buildings in the Shopping Center must be constructed, maintained and used in a manner which will preserve the sprinklered insurance rate obtained on any building required to have an • automatic sprinkler system. 3.3 gggue or Aestructi2n. In the event of any damage to or destruction of any building in the Shopping Center, the Owner of the parcel upon which such building is located, at its election, at its sole cost and risk and with all due diligence, shall either (i) restore or replace such building, subject to the provisions of this Agreement, or (ii) raze and remove all parts of said damaged or destroyed building then remaining and the debris resulting therefrom and otherwise clean and restore the Exclusive Building I! Area affected by such casualty to a level and clean condition; a provided that all parking and access on such parcel shall be restored to its pre-casualty condition. ARTICLE 4 o COMMON AREA USE ;- 6q 0 4.1 grant of Easements. Each Owner, as grantor, hereby grants r, solely to the other Owners only for the benefit of said other owners and their respective tenants, and such Owners° and tenants J Q customers, invitees and employees, a nonexclusive easement for Y.' j CO roadways, walkways, ingress and egress, access, the parking of • • CA motor vehicles and use of facilities installed for the comfort and O convenience of customers, invitees and employees on the Common Area of the HC Property and the Powell Property, as more particularly located and described on the attached Site Plan, as the same may change from time to time. The foregoing grant of easement is not ▪ { effective as to any lot which is part of the Shopping Center until construction is commenced on such lot. 4.2 Use. Subject to existing easements of record and the terms of this Agreement, the Common Area shall be used for roadways, walkways, ingress and egress, access, parking of motor vehicles, o loading and unloading of commercial and other delivery vehicles, for driveway purposes, and for the comfort and convenience of • customers, invitees and employees of all businesses and occupants • of the buildings constructed on the Exclusive Building Area. No • long-term parking, park-and-ride, or storage of motor vehicles is • permitted. --5- IT4/0a5-6i 1 T/92:Pf.515 uNA•Apr.M.t • 0 0 • ..3 pccess. (a) No Barriers. No walls, fences, or barriers of any kind shall be constructed or maintained on the Common Area, or any portion thereof, by any party which shall prevent or impair the use or exercise of any of the easements granted herein, or the free access and movement, including without limitation, pedestrian and vehicular traffic between the HC Property and the Powell Property; provided, however, reasonable traffic controls, as may be necessary to guide and control the orderly flow of traffic, may be installed so long as access driveways to the parking areas in the Common Area are not closed or blocked. The only exception to this provision shall be (i) for changes to the Exclusive Building Area and Common Area permitted by this Agreement, and (ii) for incidental encroach- ments by an owner upon the Common Area of an owner's property, or as provided in this Agreement, which may occur as a result of the use of the ladders, scaffolding, storefront barricades and similar facilities resulting in temporary obstruction of the Common Area, all of which are permitted hereunder so long as their use is kept within reasonable requirements of construction work being expeditiously pursued by an Owner on its property, or as provided :.n this Agreement. (b) Steeinc for Construction. Powell agrees that HC may •i N temporarily use Lot 1 for HC's staging during the initial !+ 0 construction of the building on Lot 2. HC agrees that Powell may V- temporarily use that portion of Lot 3 to the east of Lot 4 as C.JI Ce) crosshatched and designated as "Powell Staging Area" on the Site Plan attached as exhibit B duringthe initial construction of the M building on Lot 4 and the building on Lot 6. HC may relocate the CO staging area for Lots 4 or 6 of the Powell Property to a reasonable NI alternate location so long as such staging area is of substantially an the same size and is not significantly more inconvenient to Powell • than where the staging area was previously located. Any party using a staging area (i) shall not obstruct any access lanes on the I common Area; (ii) shall keep the staging area in a neat and clean condition during its use; (iii) shall leave the staging area in a neat and clean condition at the end of its use; (iv) shall use the staging area only for the minimum amount of time necessary for construction; and (v) shall quit claim to the other party the benefitted party's rights under this Section 4.3(b) when the construction is completed on the property for which the staging c area is provided. .4 Limitations on Use. } (a) Customers. Customers and invitees shall not be permitted to park on the Common Area except while shopping or transacting {{ business in the Shopping Center. •I -6- 1 34/DOS:6/17/92:D1h1& :1[11A-Apr.m1 P o (b) Emplovees. Employees shall not be permitted to park on the Common Ares, except in the Common Area on an Owner's property where the Owner has designated such as "employee parking". The Owners from time to time may mutually designate and approve "employee parking areas", however, if they do not, each Owner may formally or informally designate "employee parking areas" on its own parcel for use by such Owner's employees or the employees of such Owner's tenants. Notwithstanding the foregoing, no employee parking for the HC Property shall be permitted in the area which •J represents generally the row of parking immediately adjacent to the north property lines of Lots 4 and 6 or in the area which repre • - sents generally the first four spaces of the six rows of parking immediately adjacent to the east property line of Lot 4, all crosshatched and designated as "No HC Employee Parking" on the Site Plan attached as Exhibit B. (c) General. All of the uses permitted within the Common Area shall be used with reason and judgment so as not to interfere with the primary purpose of the Common Area which is to provide for parking for the customers, invitees and employees of those businesses conducted within the Exclusive Building Area and for the servicing and supplying of such businesses. Public telephones are ' permitted within the Common Area. • (d) No Use Fee. Persons using the Common Area in accordance with this Agreement shall not be charged any fee for such use 04 without the written consent of the Owners unless such fee shall be '� 0 ordered by a governmental authority. If a governmental authority • 3 imposes a surcharge or regulatory fee on customer or employee 0 ® parking or based on the number of parking spaces within the • i Shopping Center or any other similar fee or charge, then the Owners i by mutual agreement shall use their best efforts to institute a CD uniform fee collection parking system for the Shopping Center. „ 4.5 Utility and Service Easements. The Owners shall cooperate in the granting of appropriate and proper easements for the installation, repair and replacement of storm drains, sewers, , utilities and other proper services in the locations generally as .0 ' set forth in the plans attached hereto as Exhibit P necessary for. ' the orderly development and operation of the Common Area and • 1 buildings to be erected upon the Exclusive Building Area. The Owners will use their best efforts to cause the installation of m such utility and service lines prior to any paving of the CommonI. Area. Any Owner may relocate, at such Owner's sole cost and expense, such utility and service lines so long as there is minimal interruption in service to any other property in the Shopping i center and there is the same or better utility service to the other t property in the Shopping Center after the relocation. I!. 4.G Signs. Except for directional signs for guidance upon the l Common Area, no signs shall be located on the Common Area on the HC Property or the Powell Property except signs advertising businesses i m7_ 1754/005:6/17/92:06516 HNa•Agr.rv`1 0 0 conducted therecn. No signs shall obstruct the access, ingress and egress points shown on the Site Plan, as the same may be changed from time to time only in accordance with the terms of this Agreement. All signs shall comply with any governmental regula- tions. Any pylon sign on the Shopping Center must be of a quality comparable to pylon signs typically used by national retail tenants. � I One sign may be located on each of Lots 2 and 3 in the locations designated on the attached Site Plan, as the sign locations may be changed from time to time by the Owner of the lot upon which such sign is located. The Owner of the HC Property shall be responsible for the cost and maintenance of any sign on the HC Property. Lots 1, 4 and 6 may each have a sign in the locations designated on the Site Plan attached as Exhibit B, an the sign locations may be changed from time to time by the Owner of the lot upon which such sign is located, and the Owner of the property upon which the sign is located shall be responsible for the cost and maintenance of such sign. One sign may be located on Lot 7 in the location designated on the attached Site Plan, which sign shall be constructed by HC. Such sign shall be divided into three equal blocks, one on top of the other. Powell agrees that HC may designate the users for the top two blocks of the sign (which users must have businesses '72 conducted on Lots 2 or 3). Powell may designate the user for the (1 ! bottom block of the sign, which user must be a business conducted `i on Lot 7. HC shall pay two-thirds of the construction cost and 04 O maintenance for such sign on Lot 7. Powell shall pay one-third of r, the construction cost and maintenance of such sign. A party's 01 share of the construction cost for the sign shall not be due, and p such party's obligation to pay maintenance costs for the sign shall C1 not commence until that party actually uses the allocated space on Cthe sign. 04 Except for HC's use of the sign on Lot 7 as described in this section 4.6, no Owner of any of the lots in the Shopping Center shall have the right to use any sign on any other lot in the Shopping Center, except with the consent of the Owner of such other lot, which consent may be withheld in such Owner's sole discretion. 0 ,n 4.7 Outside Merchandising. Except as provided in this Agreement, the selling, displaying or merchandising of goods shall not be conducted upon the Common Area. Each Owner or Owner's tenants may use the sidewalk immediately adjacent to the Exclusive Building Area on such Owner's property to the extent allowed by law for the placement of shopping carts and for the display of merchandise being sold from the building on such property and for the sale of food and nonalcoholic beverages from outdoor vending carts, -8- 1754/005:S/17/92:D•h 16 NNA•Agr.nei 6 0 provided the pedestrian use of the sidewalk shall not be unreasonably impeded by any such use. Notwithstanding the foregoing and so long as not prohibited by applicable law, any Owner shall have the right to conduct occasional sales or may sell Christmas trees within the Common Area located upon such Owner's parcel, provided that such activities shall not be conducted within fifty (50) feet of the property line of any property owned by any ' ) Owner without the consent of such Owner, which consent may be withheld in such Owner's sole discretion, and such activities shall 1 not interfere with the ingress and egress and traffic flow/drive ! areas of the Common Area as the same may change from time to time. , ARTICLE 5 - COMMON AREA DEVELOPMENT ' 5.1 Develappent Tjming. When any building is constructed on a , parcel, the Common Area on that parcel shall be developed at the i expense of the Owner of said parcel. . ARTICLE 6 - COMMON AREA MAINTENANCE 6.1 Ne intenanco Stan arils. Following completion of the Common Area improvements on an Owner's property, that Owner, at its sole • cost and expense, shall maintain the Common Area on its parcel in first class condition and repair and in compliance with all • applicable laws. Without limiting the generality of the foregoing, r N the maintenance shall include the following: ' (i) Maintaining and repairing the surfaces in a level, smooth 04 and evenly covered condition with the type of surfacing 0 material and striping originally installed or such •. substitute therefor as shall in all respects be equal in . 00CD quality, use and durability; (ii) Removing all papers, debris, filth and refuse and washing e or thoroughly sweeping the area to the extent reasonably necessary to keep the area in a neat, clean and orderly '! condition, and free of snow and ice; .' { • (iii) Placing, keeping in repair and replacing any necessary o appropriate directional signs, markers and lines; t I 1 (iv) Operating, keeping in repair and replacing when 0 1 necessary, such artificial lighting facilities as shall e) I be reasonably required; - I (v) Maintaining any perimeter walls in a good condition and i state of repair; and (vi) Maintaining all landscaped areas and making such !11 replacement of shrubs and other landscaping as is i necessary. -9- . 1754/005:6/17792:01416 6CVA•ABr.r9 74 o '4 A 1 1 y 6.2 Maintenance by Agent. subject to the revocable mutual • agreement of the Owners, a third party may be appointed as an agent , of the Owners to maintain the Common Area in the manner as outlined in Section 6.1. Said third party may receive a fee for such agency j i which fee is mutually acceptable to the Owners to cover supervision, management, accounting and similar services and which 1 fee is to be allocated among the Owners based on their mutual 1 agreement. `. ARTICLE 7 - INDEMNIFICATION, INSURANCE 7.1 Owner's Indemnification,. Each Owner ("Indemnifying Owner") 1 / hereby agrees to defend, indemnify and hold harmless the other Owners and other Owner's tenants from and against all demands, claims, causes of action or judgments, and all expenses and reasonable attorneys' fees incurred in investigating or resisting the same, for bodily injury to person, loss of life or damage to • property (i) occurring on the Indemnifying Owner's parcel, except • to the extent caused by the negligence or willful act or omission • in whole or in part of any other Owner or the tenants of such other • Owner or the employees, contractors or agents of such other Owner or tenants, or (ii) occurring on another Owner's parcel if caused 1 by the negligence, willful act or omission of the Indemnifying 1 Owner or the tenants of the Indemnifying Owner or the employees, , contractors or agents of such Indemnifying Owner or tenants. To 1 N the extent the Indemnifying Owner is liable with another person or 1 ® entity for any demand, claim, cause of action or judgment, the ! [e foregoing indemnity shall only apply to the Indemnifying Owner's ne portion thereof. CO 7.2 Insurance. Each Owner shall obtain and maintain comprehensive ie CA general liability insurance during the term of this Agreement. The ;'i i ® limits of liability of such insurance shall be not less than Two • Cd Million Dollars ($2,000,000.00) combined single limit coverage for 1.- ! injury to person, loss of life and damage to property arising out o of any single occurrence. The dollar limit set forth above shall be increased on the commencement of the sixth (6th) year after the j date of this Agreement and at five (5) year intervals thereafter by • agreement of the Owners who shall mutually agree by using o commercially reasonable limits with reference to the limits of 1- insurance for similar shopping centers in King County, Washington. e, 1 HC may self insure for its obligations under this Section 7.2 o I provided that it maintains a net worth of at least $75,000,000 at ,,, 1 all times during such self-insurance and provides any other Owner with satisfactory evidence of such net worth within ten (10) - , calendar days of such Owner's written request therefor. Upon request, each Owner shall provide the other owners with a copy of a certificate of insurance evidencing such insurance. All Owners 1; shall name each other as additional insureds on their respective policies (including during any period of construction) and shall /h obtain contractual liability insurance for their indemnification 1 -10- ( 175:/005:6/17/92:O6616 HC'.A-Ar.nci 1 e 11 9 6 ___— ____ _ a_- ., 0 o obligations under this Agreement. No policies may be canceled ei, without thirty (30) days notice to the other Owners, subject to any lesser period of time or other agreement by applicable insurance companies. ARTICLE 8 - REALTY TAXES AND A88ESOMENT8 8.1 Beal estate Taxes and Assessments. It is intended that all real estate taxes and assessments relating to any portion of the , Shopping Center or improvements thereon, or the ownership thereof, shall be paid prior to delinquency by the respective Owners thereof, including without limitation those taxes and assessments which are levied against that part of the Common Area owned by each Owner. In the event any Owner fails at any time to pay before delinquency its taxes or assessments on any portion of its parcel or parcels, and which may become a lien on any of the Common Area, then except while the validity thereof is being contested by judicial or administrative proceedings, any other Owner may pay such taxes and/or assessments together with interest, penalties and cost, and '' in any such event the defaulting Owner obligated to pay such taxes • and/or assessments shall promptly reimburse such other Owner for • all such taxes and/or assessments, interest, penalties, and cost C3 and other charges and until such reimbursement has been made the amount thereof shall constitute a lien and charge on the defaulting T ' {1 owner's parcel, subject and subordinate, however, to any bona fide C4 mortgage or deed of trust made in good faith and for value then C) outstanding against said parcel. If allowed by the assessing Cl agency, assessments may be paid in installments for the longest C." period permitted so long as no delinquency occurs. .. e4 ARTICLE 9 - EMINENT DOMAIN 0 i Cl !: I 9.1 Owner's Right to Award. Nothing herein shall be construed to -' give any Owner any interest in any award or payments made to another owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting said other Owner's parcel or construed to give the public or any government any rights in the e Shopping Center. In the event of any exercise of eminent domain or N, P. ( transfer in lieu thereof of any part of the Common Area, the award I attributable to the land and improvements of such portion of the o Common Area shall be payable only to the Owner in fee thereof and rn no claims thereon shall be made by the Owners of any other portion of the Common Area. 9.2 Collateral Claims. All other Owners of the Common Area may file collateral claims with the condemning authority for their losses which are separate and apart from the value of the land area • and improvements taken from another Owner, 11 -13.- 1756/005:6/17/92:04 16 itNA-Agr.rx1 el I I 9.3 g storation of Common Areas. The Owner of the fee of each • portion of the Common Area so condemned shall promptly repair and restore the remaining portion of the Common Area owned by it as nearly as practicable to the condition of the same immediately prior to such condemnation or transfer without contribution from any other Owner. T ARTICLE 10 - CANCELLATION, MODIFICATION, DURATION I i 10.1 Cancellation or Modification. This Agreement may be cancelled or modified only by the written agreement of all Owners of the Shopping Center, which cancellation or modification agreement shall be recorded in the office of the County Recorder of the county in which the Shopping Center is located. No Owner shall unreasonably withhold or delay its consent to a proposed modification to this Agreement. Without specifying other reasonable grounds for ' ! withholding consent, an Owner may withhold consent based on material adverse financial impacts to an Owner's parcel in the shopping Center as a result of the requested modification. 10.2 puratior,. Unless otherwise cancelled and terminated as i permitted herein, this Agreement shall continue for sixty (60) years from the date of this Agreement and shall be renewed for an • . unlimited number of successive terms of ten (10) years, unless all N Owners agree otherwise; however, all the easements granted in this F a Agreement shall continue in perpetuity. i w N Cs4 ARTICLE 11 - RELEASE FROM LIABILITY r CI ® A I C°, 11.1 Release from Liability. Any person or entity acquiring fee or ::! + f.® leasehold title to any portion of the Shopping Center shall be I ® bound by this Agreement only as to the parcel or portion thereof ;; I N acquired by such person or entity. Such person or entity shall be i CI bound by this Agreement only during the period such person or 1 entity is the fee or leasehold owner of such parcel or portion -! . thereof, except as to obligations, liabilities or responsibilities .3 that accrue or are based on events which occur during said period. I Although persons or entitles may be released under this section, the easements, covenants and restrictions in this Agreement shall I c continue to be benefits and burdens upon the Shopping Center running with the land. t t: W c . ARTICLE 12 - DEFAULT 12.1 Default. In the event of default or threatened default under ; this Agreement, only the Owners shall be entitled to institute proceedings for full and adequate relief from the consequences of c said default. i 11 12.2 pemedies for Default. If the Owner of any parcel, during the i term of this Agreement defaults in the full, faithful and punctual. -12- 175./C25:6/17792.06516 ttC'LA-Agr,re 1 t I 9 1 a • performance of any obligation required hereunder and if upon the • expiration of thirty (30) days after written notice from any other Owner stating with particularity the nature and extent of such default, the defaulting Owner has failed to cure such default, and ;:f a diligent effort is not then being made to cure such default, then any other Owner ("Performing Owner"), in addition to all other remedies it may have at law or in equity, shall have the right to I perform such obligation of this Agreement on behalf of such defaulting Owner and to be reimbursed by such defaulting Owner It within ten (10) business days of demand therefor for the cost thereof with interest at eighteen percent (let) per annum on the maximum rate allowed by law. Any such claim for reimbursement, together with interest as aforesaid, shall be a secured right and a lien shall attach and take effect upon recordation of a proper claim of lien by the claimant in the office of the County Recorder of the county in which the Shopping Center is located. The claim • of lien shall include the following: (i) the name of the claimant; (ii) a statement concerning the basis of the claim of the lien; (iii) the last known name and address of the Owner or reputed Owner ( of the parcel against which the lien is claimed; (iv) a description of the property against which the lien is claimed: (v) a description of the work performed or payment made which has given rise to the claim of lien hereunder and a statement itemizing the amount thereof; and (vi) a statement that the lien is claimed pursuant to the provision of the Agreement reciting the date, book and page of the recordation hereof. The claim of lien shall be . duly verified, acknowledged and contain a certificate that a copy • ( thereof has been served upon the Owner against whom the lien is ® claimed, either by personal service or by mailing to the defaulting (, Owner as provided in Article 13. The lien so claimed shall attach "! ! C9 from the date of recordation solely in the amount claimed thereby O and it may be enforced by suit, or under power of sale (which power (' is hereby granted), judicial foreclosure or in any other manner 0) allowed by law for the foreclosure of liens. A Performing owner is hereby granted the right to enter upon the parcel of the defaulting owner for the limited purpose of curing a default as provided under this Agreement. Any exercise of the power of sale or foreclosure • shall be conducted in accordance with the laws of the State of Washington applicable to the exercise of powers of sale in or foreclosures of mortgages and deeds of trust. If appropriate, a Performing Owner is hereby appointed the trustee for purposes of exercising such power of sale, with full right of substitution. Notwithstanding the foregoing, such liens shall be subordinate to any mortgage or deed of trust given in good faith and for value now or hereafter encumbering the property subjected to the lien, which mortgage or deed of trust was recorded prior to the recording of the lien, and any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of foreclosure or trustee's sale) under any first mortgage or deed of trust shall take free and clear from any such then existing lien, but otherwise subject to -13-- 1750/005:6/17/92:0V5t6 HCVA•AOr.ru1 fi 0 f the provisions of this Agreement. The failure of the Owner or owners of any of the parcels subject to this Agreement to insist in i any one or more cases upon the strict performance of any of the promises, covenants, conditions, restrictions or agreements herein, shall not be construed as a waiver or relinquishment for the future breach of the provisions hereof. ' 1 12.3 Attorneys' Fees. In the event that suit is brought for the , enforcement of this Agreement ores a result of any alleged default hereunder, the prevailing party or parties to such suit shall be entitled to be paid reasonable attorneys° fees and costs by the non-prevailing party or parties, including those on appeal and any i judgment or decree rendered shall include an award therefor. 12.4 Oovernin4 Law. This Agreement shall be governed and enforced . , f by, and construed in accordance with the laws of the State of Washington. - ARTICLE 13 - EOTICES i " 13.1 gdotices. Notices made by the Owners pursuant hereto may be served personally or via overnight courier or may be served by • depositing the same in the United States mail, postage prepaid, certified mail, return-receipt requested, addressed as follows: . ,V If to Powell: Powell-Orillia Associates 737 Market Street H e Kirkland, WA 98033 I!2 Attn: Peter W. Powell .,! 11 With a copy to: Robert C. MacAulay 1- �, CD Alston, Courtnage, MacAulay & Proctor ' l 1000 Second Ave., Ste. 3900 r. (,? Seattle, WA 98104 4 1 C� f; -' If to HC: c/o Waban Inc. r, i t 140 Orangefair Sall, Suite 100 1 Fullerton, CA 92632 Attn: Vice President, Real Estate t i With a copy to: c/o Waban Inc. w One Mercer Road o i Natick, MA 01760 0 1 Attn: Executive Vice President, Finance j 1 - I Notice shall be deemed given when served personally upon or delivered by overnight courier to a person of suitable age and r. discretion, or if mailed, three (3) days after deposited in the • U.S. mail. a -la- i h 1754/0^5:3/17!?2:0MS16 _ t1Cv4-A9r.net R 1 0 0 The foregoing addresses may be changed by written notice given pursuant to the provisions of this Section. ARTICLE 14 - LENDER PROTECTION 14.1 Lender Protection. This Agreement and the rights, privileges, covenants, agreements and easements hereunder with respect to each Owner and all parcels, shall be superior and senior to any lien placed upon any parcel, including the lien of any mortgage or deed of trust. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any mortgage or deed of trust made in good faith and for value, but all of the covenants and restrictions, easements and conditions and other • provisions, terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity • (including any mortgagee or beneficiary under a deed of trust) who acquires title to any parcel or any portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise. ARTICLE 15 - GENERAL PROVISIONS 15.1 p10 covenant to operate. Nothing either expressed or implied, • contained in this Agreement shall obligate any Owner or any Owner's • tenants to continuously operate any type of business on its parcel. N 15.2 gunning of Benefits and Servitudes. Righ. s of Successors. The 0 easements, restrictions, benefits, and obligations hereunder shall t create mutual benefits and burdens upon all the parcels of the ;I Cat Shopping Center running with the land. This Agreement shall bind O and inure to the benefit of the parties hereto, their respective i VI heirs, personal representatives, tenants, successors, and/or assigns. The singular number includes the plural and any gender CD N includes all other genders. 15.3 Not a Public, Dedicatiop. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Common Area to the general public or for the general public or for any public purposes whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed. The right of the public or any person to make any use whatsoever of the Common Area or the parcels herein affected, or any portion thereof (other than any use expressly o allowed by a written or recorded map, agreement, deed or ^ dedication) is by permission, and subject to the control of the f Owners. Notwithstanding any other provisions herein to the contrary, the Owners by mutual agreement may periodically restrict ingress and egress from the Common Area in order to prevent a prescriptive easement from arising by reason of continued public • use. Any restriction on ingress and egress shall be limited to the minimum period necessary to prevent the creation of a prescriptive -15- 175C/005:6;17/72:0V516 NNA•Agr.nel 0 • • Ill easement and shall occur at such a time as to have a minimum effect on the operation of the Shopping Center. I 15.4 Document Execution and Change. It is understood and agreed that, until this document is fully executed and delivered by the authorized corporate officers of the parties hereto, there is not and shall not be an agreement of any kind between the parties hereto upon which any commitment, undertaking or obligation can be • 1 founded. It is further agreed that, once this document is fully executed and delivered, it contains the entire agreement between '= the parties hereto and that, in executing it, the parties do not rely upon any statement, promise or representation not herein expressed and, except as permitted by Section 10.1 of this Agreement, this document, once executed and delivered, shall not be modified, changed or altered in any respect except by a written document executed and delivered in the same manner as required for this document. ' 15.5 Po Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other joint or equity type agreement between the Owners. 15.6 )reasonableness of Consent. Unless otherwise provided herein, whenever an Owner's agreement or approval is required under. this Agreement, such Owner shall not unreasonably withhold or delay such agreement or approval. 15 , N 15.7 LgtJ. Powell intends to develop Lots 1 and 7 in the future, ; , 61 although there are no current plans for such development. Other ' O than the terms of this Agreement, no Owner may place any C7 restrictions on the development of Lot 7. Powell agrees to not GD commence the processing of any governmental entitlements for , ;, . C construction on Lot 1 until the earlier of (a) that date upon which 1 Cd HC has commenced construction of improvements on Lots 2 and 3; or 01 (b) that date which is two (2) years from the date of this ;: ' I'' l, Agreement. Prior to any development of Lot 1, Powell will be required to obtain applicable governmental approvals. Powell's I development of Lot 1 shall be subject to site plan approval by the jOwner of Lot 2, which approval will not be unreasonably withheld or o j delayed. In connection with any development on Lot 1, Powell ~ agrees to not disrupt the traffic flow on Lot 2, not diminish any utility services provided to Lot 2 and not provide any off-site j amenities to obtain approval for development on Lot 1. HC agrees , "„ that in connection with any development on Lot 1, Powell may make i I curb cuts directly opposite and to match the curb cuts on Lot 2 which are directly opposite the south border of Lot 1, as designated on the attached Site Plan and as the same may change from time to time, all such work at Powell's sole cost and expense. i 11 ,� 15.8 Counterparts. This Agreement may be signed in any number of counterparts, all of which together shall constitute one document. C 175G/OD5:6/17/9I:DS1516 -16- HCYA•Agr,nc1 I i G 0 • Only the original counterpart signature and notary pages need be recorded with one copy of this Agreement. . I15.9 No Consents. Except as provided in this Agreement, I development on any property covered by this Agreement is not subject to any consent from or to HC or Powell. All development will be subject to satisfaction of applicable lot coverage, density, parking and other zoning and land use requirements of any governmental authority with jurisdiction. 1 15.10 Wetlands. As part of the governmental approval for develop- ment of the HC Property, the Owner of Lot 7 must provide and agrees 11; rl to provide to the City of Renton one or more easements for wetlands r preservation of approximately 65 feet in width, or such greater , area as required by the City of Renton for the development of the HC Property as such development is currently approved by the City • i'r of Renton. Powell understands that the legal description for the wetlands preservation easement is as currently set forth in attached F. xhibi.t F. Such easement will be recorded separately. All costs associated with the maintenance of the wetlands r preservation area on Lot 7, except real property taxes, shall be n. paid by Lots 2 and 3. The wetlands easement area shall be maintained to a standard designated by HC. N 15.11 Dot 7. Powell, as Owner of Lot 7, hereby conveys and quitclaims to the other Owners in the Shopping Center for the r. benefit of the Shopping Center a perpetual, non-exclusive easement e. 04 for ingress and egress, and access over and across that portion of • O Lot 7 legally described in attached Exhibit_E ("Driveway Easement `" COProperty"). The costs to maintain the Driveway Easement Property C) shall be shared prorate by all the property in the Shopping Center, "' CD provided that no lot is obligated to contribute to maintenance " • 6.2 costs for the Driveway Easement Area until construction commences ; on such lot, and then only for such lot's prorate share of mainte- nance costs thereafter. The prorate share shall be the percentage which the square footage of a lot upon which construction has ` commenced bears to the total square footage of all lots in the c 1 Shopping Center upon which construction has commenced, except `t Lot 7, which square footage shall be deemed to be 30,000, and f . Lot 1, for which the lot square footage shall be determined based .9 o on the buildable area of the lot, excluding property dedicated to `'" 1 wetlands preservation and similar to the method used by Powell to determine the buildable area for Lot 7. The following square l', footages for lot size shall be used for purposes of this Section • • , 15.10: n 1 Lot Square Lot Footage i i Lot 2 445,313 ' Lot 3 586,312 • Lot 4 35,000 I= • Lot 6 35,000 Got 7 30,000 i 1 -17- 175L/QC5e6l17l92:D6516 Ntb'A-A r.rnt I 0 ;ram: 0 e HC shall maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an Owner is obligated to pay a prorate share of such maintenance costs fails to • do so within ten (10) business days of written demand therefor accompanied by substantiating invoices, then interest on the unpaid amount shall bear interest at eighteen percent (18%) per annum until paid and the other Owners shall have the rights and remedies provided in Section 12 of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this (' Agreement. �a • POWELL-ORILLIA ASSOCIATES, a HCWA REALTY CORP., a Washington Washi ton ene 1 part ership corporation By to . Powell G e Partner Its By By Peter W. Powell j; General Partner its pXHxexxe A - Legal Description of HC Property 0 B - Site Plan `'•' t`' C - Legal Description of Powell Property D - Utility Plan u E - Driveway Easement Area CO !.! • F - Wetlands Preservation Easement Area ,i C? Ht J i • cli f_ •1 n -18- 175C/0C5:6i17/92:ON516 NNA•Aar.nel pg� e Li�S 111 / STATE OF WASHINGTON ) ) 66. COUNTY OF KAil. ) On this R3rt day of 6 , 1992, before me, a Notary Public in and for the State of Washington, duly commissioned and ' ! sworn, personally appeared Lloyd W. Powell and Peter W. Powell, to i me known to be the general partners of POWELL-ORILLIA ASSOCIATES, the partnership named in and which executed the foregoing instrument; and they acknowledged to me that they signed the same as the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the . persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written. sy� a 'G+�� pI�LP5,f1. ,��t�t„r,��� NOTARY PUBLIC in and for e S to of f' • ' +..• gS ',, s1' %.,' MyWashington,commissioneexpiresa �! { boy? G,Wye s w Ne ^fr . 1 Id L' ,a G co 1:. .- N 1 py •', — II0 IA r O Iy , I. 1. el -19- 1754/QQ5:6/17/9Z:OV516 NCWI•A4r.ncI e LT:1, HC shall maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an Owner obligated to pay a prorata share of such maintenance coats fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoices, then interest on the unpaid amount shall bear interest at eighteen percent (18%) per annum until paid and the other Owners shall have the rights and remedies provided in Section 12 of this Agreement. 3 AgreeITNESS WHEREOF, he parties hereto have executed this eN nt.WI POWELL-ORILLIA ASSOCIATES, a HCWA :LTY CO..., a Washington Washington general partnership corpor/ n / By t By / Lloyd W. Powell � l i General Partner s Presiders J. By Ii Peter W. Powell General Partner Its 11 sXHIhIT ri A - Legal Description of HC Property f t_ • S - Site Plan )" c - Legal Description of Powell Property if u 1• G D - Utility Plan I. u iDe E - Driveway Easement Area I,t I C F - Wetlands Preservation Easement Area E) t C9 Si , C 0 7 I o ri LAJ o t P. • 1l 11 1754/005:6/17/72:C6516 HCVA-Rpr.nei f 1 STATE OF WAS•HI.t eTeN ss. COUNTY OF UYanr`c On this 22'1 day of Jun-a. , 1992, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jchn F. L.av,( and to me known to be the Pr- siOltrr and �« 1 Teepect4vely, of HCWA REALTY CORP., the corporation named in and .1 which executed the foregoing instrument; and they acknowledged to me that they signed the same as the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the • persons whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written. 0 1 G NOT PUBLIC in and for the State of �0-6-t ^�*:✓ �• { • Weeh#ttgt-en-, residing at ')r•e r-'•+M•',(% My commission expires: f • '' • - -----n Id ()FACIAL UNDAHAHSENO'1A71YSEAL N !` 1 �sfi,/ ORANGECOUNIY f7 Ay C_.nrn Fm SEP 10,1089 , CA L1 C) t J 1 4 r.l 0 1- w O rn I .1 17561005:6/17/92:0416 NCW-Alhnot —'--- -- .. _ I HC shall maintain the Driveway Easement Area to a standard as designated by HC in its reasonable discretion. If an Owner obligated to pay a prorate share of such maintenance costs fails to do so within ten (10) business days of written demand therefor accompanied by substantiating invoices, then interest on the unpaid amount shall bear interest at eighteen percent (18%) per annum until paid and the other Owners shall have the rights and remedies provided in Section 12 of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. POWELL-ORILLIA ASSOCIATES, a HCWA REALTY CORP., a Washington Washington general partnership corporation By By Lloyd W. Powell General Partner Its Pradame By Peter W. Powell General Partner Its Yea PreiddestmINSIESENr9 XEIRITB A - Legal Description of He Property B - Site Plan '•'' C - Legal Description of Powell Property D - Utility Plan 'L', 0 E - Driveway Easement Area F - Wetlands Preservation Easement Area i` C J O ` n I C . f ( 1 I -18- 9754/005:6/17/92:DN516 11014•Agr•ro1 i7 • RI 1 . / • San OF WASH-INGTON ) COUNTY OF frr-if-tdeta t}G ) i On this 26'41 day of , 1992, before me, a Notary I Public in and for the State Wa hington, duly commissioned and - sworn, personally appea ed - , to me known to be the j,cL/A.0 i n,na,ns%-ate i respectively, of HCWA REALTY CORP., the corporation named in and which executed the foregoing instrument; and they acknowledged to me that they signed the same as the free and voluntary act and deed 1 of said corporation for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the an persons appearing before me and making this acknowledgment are the • (� persons whose true signatures appear on this document. it WITNESS my hand and official seal the day and year in this a certificate above written. U 1 -/ �,,i� NOT AR UPUBLIC in and r the States of li residing at 1= y comas on expires: . g 1— MARY T.SLATTERY .1 Notary Public Ally Comml.slon Explros Much 12,1993 LI h' o CNI ci 0 . .1 � R Q • 4. i C7 iI J wa , al H U, 7 0 {I , y1 - I' it -20_ . IT56/005:6/t7/92:01fit6 IINA•Apr.ro1 0 NIII . I . e • EXHIBIT "A" P LOTS 2 and 3, BURLINGTON NORTHERN, A BINDING SITE PLAN, ACCORDING TO CITY OF NENTON BINDING SITE PLAN RECORDED JUNE 1>77 1992, IN VOLUME /6/ COUNTY OF PLATS, PAGES --(� , AS RING RECORDING NO. Y2.0 3,0494 • I-- 62 0 C7 wl 0 s 0 ygy�7.T J ` I'f • rrl IE� O } O If 1T .- . --.�. ---. --_- -- . S.W.34TH_SIRE-ET -_.�_.___-- r I I 1I! c_-.-_-_-- -iii. I) .... ' 11 -- � 'istVI I! H / I I C , L-::;;; i" ' P� T -.... WV 1 i �s I ,• I .1 I - I < ' 1 :::=- •••••-•-- • • :-_,,,--- • ill PI 1 il" Cl . '1 Y.r ^` i I fir/ _ IIIN I f j C9 -�=- 1 u ullAlir ulilWY1i mmi i o 1 i --- 'z _ - —y i I IIIIII i LIWIU A. 1 t. CM SITE PLAN 9_ ..�;1... ....: . ......w .., INa� N J v. 1 c.� rglt Ei r. . I ... ' - 1 '''lil. 1' II p zI I-... .� I. I� f 1 q . I I I _ i I -. m... I I e". . r ; ' ( IY _ r; , I uinmlllli J ! ilit '' i . ';•'" V,ii lii •jmnmj t 1aUl Iltcutacal 1 i ' I �, , � ice„ i. ;. 1 S.W. 1ST STREET SITE PLAN Ii ...,_,„,.....,I1. //,.........._ .,__;,..M.s 1 ,,,s. ,•.: 1 11 8 4©-® 1: NIDIT , 7V 9 .. I o zgo f I .— . . ---. _..�; -.---- •r__ S.W.34TH STREET - ---- � ' Colt i II 1 Ij i _ j I )1.2° • e-• I I I 1 ) i ':i • ,i -' M ; .,"'»ter;.,', ,»�� r;i ^L:I 1 _ 1 1 'ILf�1'.'YWV�i'k s 1' I.T`a l _ s,wx s[ao V , vJt�� ` I i - T �^ _ .•WI 0 ; i Gf1I�:WC/�_ Z i • ._ 41f irr‘ • r cn • • ==.-......=......:: ..,x-;* - TUDIUM-XlintlailliAlt I,( ' — ti 0 i _ 7— , �` III ./L1 .,a au sway,11_�_ ✓ 1 I 1 Cr) SITE PLAN __�z•+�P' .. -- • r-_ , OnaJ l!1. _ C711 - ,— ---s ( — 11 I LAN I iii I,I 1 j fr f •! IC) •`• •1 , 1 inn;,�11111m . I • •• /Fs,. , ...i, .... ....,... , ,., , .. , , • . I I in ii.. ''.. o ifimmv. - . ! I f. V I \ ` 1 V I 1 ��� j .. I. . ._ i il ii 1 iii 1 1 Bi i' . ,. : r ,., , , .0,r___ ;.. 1 . ; . ..-•... • ,.. t..v ii 1 i • I' i �_ M ?II1RI► ' I: ! I 1 y1111�� - 11 y ') I '(nT III. 1� �I/ I • CC r'• 1 • � I .,,'lam r �p" 11 I d ' IGI A YMI .. 1'.✓:_I I•E Li. j fr O 11 RK1, '-i/1. L "I:hf i I 1•1 S.W. 41ST STREET SITE PI AT c j4 9'IB40'-01 r•. 3.1 h, gcry ... — --- = _ S.W.34THSTREET -_..____-- ---- I , I! �t I - I •I II I I II 1 • r.. I1j IS�- 1 1 I I < I 1 • durbacts j• = _ -- .... ! C 1 i ii. ! - *. rI -- 1 --j re .2.313. 77177L77� .�•11 I I M - 71I;:i;azarggi rl+yr�•7' 7i - • ! I _ " [ • -1 ; _ i j -...... :i �I o� .ter _ , tub�u{1���. ' t.i r i 91t iTA1t7TO• — � M O MR•I F,-• 8}� 't 1 0 1 : 1i _ - r. 1Q - i I l, , . . ri , ,_ 1 CV 114 d D. 1 I �ill `r r-f •1\I� 2111/111llv:UWf1a1J41UMW � —. dad WuMOUtfi11 1 .16P-rtt�.t. lrld '7Tltr�t/ art/ tI; CIO 1"a 40'-0" • .riiklai ----7A- 87111i.,,,,,,.-„., ,6211•111a=-IPA • //\�1� - A i I _ •1- ,II I --(m(IU.i 1 II I I .... .. O i ,;MIIIIM111111 11 %1 ' If . 11 : i;'dis 1\ .74,1111,.:•gem,. ri• I I ..i L3> ' '\\ ....• I iminm.1.5ilmim: 1 ,. i::1 0 QQ cT �'. iI c-- — U�r.�-.�1. I •, :i I - • - '�IP'.i'''4i177111 •ip„ "tF'4F�W'.�Ir1 — : �'I j .- I I. i _ _-- --........ _---- I -. '' k� . ! `( I.,M r u , I N'-� 11 Nag 44 a 3:[[[[map' I - j 1 M1 11! Ik„ rM 1I,'` I ; .ram- ilil II■ u • j .tt I HOT I.OMIT r__, - IRE.�—�1, j • 11 W 11(' sir fox V� ',,,ri, ,q I . to --ti-t=� �_�!�I 4,J :-.--,. S.W, 41ST STREET I 1TE PLAN ��Q . 1. . 1...:, i f 4A 6 gb NG Pan r �.b 1 • s ' • • • •i EXHIBIT "C" i Lota 1,4,6 and 7 BURLINGTON NORTHERN, A BINDING SITE PINE, ACCORDING TO CITY [I OF RENTON BINDING SITE PLAN RECORDED JUNE o ,1992, IN VOLUME Ki /G OF PLATS, PACES --J1 , AS XINC COUNTY RECORIDNC )j.� No. 12n! /..o t' j I • I, I'. . IJ N rr1 O •i U) O o h 6 • kF 0 1 O • t I 0 • :$ '- I . .., _ • , Lt0 kotn.& — / q 4 \' Z I • ...----.. ;ID ,— _._...ak, —:-.—.•., -- --h—j 1____ _____ _ _1-- Ill - r— N Z,----- 2 I I > / 0 ) i > N ., 0 0 !II •/ 1 1 ' N ,... t- N "In''' 4 0 C II I, 1 C3 —1 t 41 - t( . CD r---' I 'ft ' 0 i I . *t • C.•I- I I r I m... >-)' . :2 ,, i ro -- ,./ ,..... , U 6 opir , 6:111 1 - if, - 111 IL Fp/ • , 1. 1 9.I iSg Pit III I r .. ii 1 i 1 ' ril I t, ti i i ? i ;1.• I li 1 o 1 ri--0.----ZWZ--- gr.L.' •L '''` •• t li e' I ,_ i 1 - --, i .._ __ . /1••• d•On. AMM AM • 1 I - 7. ...(.....ik • 11 - 1 • k.ff I .1 • ..tr- •- lir 'I An. a . I 14 _ 1 • . , ttaailitim 1,_11.41,1,iii II tsi•iirmilt, • - ._.....i 1 i ,....:t....;,..,-7.7 .,. r__,:c,--- ,, • '"•••• ••-•••• _ ...'.‘.. .z-- ____. _ ••••••...._..._._.. ____„,_______ I ...-,T- ! '. , . _ il •?___\-- 4. --- --CA,S1. - - ----d., - - __---, ;•--}--_, _,__ 1•••t , , (,-, ... I .- • . I 7 I V > j tl 1 FURNER & ASSOC9A1ES HOPAECLUB WAREHOUSE 1:...n ... .i / tgiii5rr p i F I IN/, 1 /./../ . is ; 1 " 0 z ___1' .6 , 1 • C:0 r- 0: 1 ( lt(-Cif tl' r '1 — C) \ 1_ , it y J - r , # _ o0 t. — I� t _ O 0 . _,. s; C ;R fit jlr ,J ..... olp. 5 r Jftt , a} r— inelimmonelmvs•rrrre .,:ittris ... 461lb >___.., rip111 == • - b ilk .L ,� �� I lor II is _ _ j 1 I o i 1. �p , 0 ! i .::.....,__ 1........i4 , tow..., . 1;.. •41‘. AZ.. Al. --, — — — .ir_iF_ipif_ ___-= , ... dithaethAttudthe i- , 1 .5_,I j,..-..-.e t.—.::), i--1F4Fillr,,,W— --- Will :,1:)1' r��, - _ ,_ter .. _ .. (ASt VALLEY IC MAY 1 tl1 1 i 4 > I BURNER & ASSOCUATF.S PACE fNEA9EiERSC�'CP WAREHOUSE ii At.Ne v,n a,w Soo VA tom conuItu vArarw ✓ 1_iL,:' ._., . g01151r D. .. i 0 0 ( BUSH. ROED&HITCHINGS. INC. EXHIBIT E ACCESS EASEMENT DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME /// OF BINDING SITE PLANS, PAGES THROUGH /, _I RECORDS OF KING COUNTY, • i WASHINGTON, LYING WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH, HAVING 15.00 FEET OF SUCH WIDTH ON EACH SIDE OF AN EASEMENT CEN- TERLINE DESCRIBED AS FOLLOWS: ,•; COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 01°50'09" EAST 18.00 FEET ALONG THE EAST LINE THEREOF TO THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE AND THE BEGINNING !' OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 120.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH ' 00°54'35" WEST); THENCE ALONG SAID CENTERLINE THE FOLLOWING THREE COURSES: THENCE WESTERLY AND NORTHWESTERLY 109.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52°12'09"; THENCE NORTH 36°53'17" WEST 173.0E FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 120.00 FEET; THENCE NORTHWESTERLY AND WESTERLY • 83.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°49'13" TO THE WESTERLY LINE OF SAID LOT 7 AND THE TERMINUS OF SAID EASEMENT CENTERLINE, AND FROM SAID TERMINUS SAID POINT OF BEGIN- NING BEARS SOUTH 49°02'54" EAST, 352:66 FEET DISTANT. J I TOGETHER WITH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 2043.79 FEET (A RADIAL LINE THROUGH SAID ti 02 BEGINNING BEARS SOUTH 83'06'18" EAST); THENCE NORTHERLY 25.85 O FEET ALONG SAID CURVE AND WESTERLY LINE AS SHOWN ON SURVEY C` RECORDED IN VOLUME 80 OF SURVEYS PAGE 15G, RECORDS OF SAID KING CZ COUNTY, THROUGH A CENTRAL ANGLE OF 00°43'29"; THENCE SOUTH ! i ® 83°49'47" EAST 8.80 FEET ALONG A LINE RADIAL TO THE PRECEDING F2 CURVE TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE o NORTHEAST HAVING A RADIUS OF 35.00 FEET (A RADIAL LINE THROUGH CD SAID BEGINNING BEARS NORTH 82°50'29' WEST); THENCE SOUTHERLY ANDCd a I SOUTHEASTERLY 43.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE CI OF 70°39'02" TO SAID NORTHERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND A POINT OF CUSP WITH A. CURVE CONCAVE TO THE SOUTH RAVING A RADIUS OF 135.00 FEET (A RADIAL LINE THROUGH SAID POINT OF CUSP bEARS NORTH 26°30'29" EAST) ; THENCE WESTERLY 32.76 FEET ALONG SAID CURVE AND NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 13°54'21" TO THE POINT OF BEGINNING; l/2 — _ - - 0 0 ® ., . . . r �y�qq . �iy BUSH, ROED&HITCHINGS. INC. ALSO TOGETHER WITH THAT PORTION OF SAID LOT 7 DESCRIBED AS FOL- LOWS: . BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY MARGIN OF THE STRIP DESCRIBED ABOVE AND SAID WESTERLY LINE OF LOT 7, SAID POINT 1 OF BEGINNING BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH- WEST HAVING A RADIUS OF 105.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 14°07'06" EAST); THENCE EASTERLY AND SOUTH- ' EASTERLY 71.46 FEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 38°59'37" TO A POINT OF TANGENCY ON SAID SOUTHWESTERLY MARGIN AND A POINT OF CUSP WITH A CURVE CON- CAVE TO THE SOUTHWEST HAVING A RADIUS OF 35.19 FEET (A RADIAL LINE THROUGH SAID POINT OF CUSP BEARS NORTH 53°06'43" EAST) ; . J THENCE NORTHWESTERLY, WESTERLY, SOUTHWESTERLY AND SOUTHERLY 80.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 131°16'32" TO THE EASTERLY PROLONGATION OF A RADIAL LINE TO SAID WESTERLY LINE • - OF LOT 7 WHICH BEARS SOUTH 80°46'54" EAST; THENCE NORTH 80°46'54" • WEST 3.60 FEET TO SAID WESTERLY LINE OF LOT 7 AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF • 2043.79 FEET; THENCE NORTHERLY 52.70,FEET ALONG SAID CURVE AND WESTERLY LINE 0 F LOT 7 AS SHOWN ON SURVEY RECORDED IN VOLUME 80 ' OF SURVEYS, PAGE 156, THROUGH A CENTRAL ANGLE OF O1°28'39" TO THE POINT OF BEGINNING. ,- G THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTH- ' N ENED SO AS TO TERMINATE IN SAID EAST LINE AND SAID WESTERLY LINE 01 OF LOT 7. p "' SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON ;; 0cp, THE PARCEL DESCRIBED ABOVE CONTAINS 12,372 SQUARE FEET (0.28 i ACRES), MORE OR LESS. J ' POWELL DEVELOPMENT ,............ BURLINGTON NORTHERN BSP �` MA•to ) WILLIAM A. HICKOX, P.L.S. o s a1. ofwASiii �0 ; BRIT JOB NO. 91407.08/SUR54B : . e' , tiC«� 5 JUNE 23, 1992 t ' ,/i '� i, REVISED JUNE 26, 1992 0 'EA "'il -' 1. t 'c'' rse 6-1.1,-92. rt , EmnES SIM'• '�'S� • 2/2 (1 - - - I y N 0 0 11111 BUSH, HOED&HITCHINGS, INC. EXHIBIT F SOUTH WETLAND DESCRIPTION 11 THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME ,F' OF BINDING SITE PLANS, PAGES b // , RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO SAID LOT 7 AND LOTS 2 AND 3 OF SAID BINDING SITE PLAN; THENCE NORTH 88°09'51" WEST 75.00 FEET; THENCE SOUTH O1°50'09' WEST 383.62 FEET; THENCE SOUTH 55°26'54" EAST 3.99 FEET TO SAID EAST LINE OF LOT 7; THENCE ALONG SAID EAST LINE THE FOLLOWING TWO COURSES: THENCE NORTH 28°33'51" EAST 159.29; THENCE NORTH 01°50'09" EAST 243.51 FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. THE PARCEL DESCRIBED ABOVE CONTAINS 23,833 SQUARE FEET (0.55 ACRES), MORE OR LESS. PCWELL DEVELOPMENT BURLINGTON NORTHERN BSP WILLIAM A. EICKOX, P.L.S. ' • �p�SA.ly; JUNE 2, 1992 ��oFWµry�4.0 ¢O+ 91407.08/SUR54B Z 0 w. up Cr) VOh1LLA20' [ : # j l EanR33 31171.. "-` •�]] i \. • ,i-,w.."lI,. V $$1 L. p I �� . W aI o 01 ' I ! ` CC o ,_ . , . . . . I !•::•‘•i•-` Si I 40. Rol/racy&Rip,of Woy ..,..:.1..:,...•' •--•-. 1 ' WI I .'. ....: .. :: . ...f71 t - • .. . ,.. 04 • t,';'•••1"' c..i‘i./ .. .,c?..:••••••-i‘ : . . ...•• 1 i i ... '.• i •.: ... ... No Scale • .!'"••.11... N 88'0 9'.5/.ry.,.. . . Ell • .' ,•:. Neevs.b-i'fry o N f.,..;..../i f .t)it) ; .••••••'7''' -•• I i :e ••••.;,I • •'.! 0 C.) frs CA r,,C) :,-'• L). , 4) 0 Cr) • 4.,. ; • Si 4 hGy,,,) to '),'op 5 553•9296''54'5...N.. t—iC..".:517•I' ' €1..... ••••••1 f.5 : 1 1 ..: , ii., t i ,...,.•••• i I . • ... :••• L.....- I i . SOUTH WETLAND SKETCH i.. 2 1 POWELL DEVELOPMENT BURLR4GTON NORTHERN BRING SITE PLAN 0 • • • • ,,, \>n!......_L...../..c,i- .• .: i ,..,,..•,.-0 yinsf, ;•.,0„,_ ) •••••:•,/.„.i. : C:).. b HiTCH/4,,s. 1 I b I,.tij . Ct),,.... . k;,,,,por?,1,.- ' 1 / SY: 6,./z.At I %,\,. 2473.7 /. Z : SEAL 7.: BUSH,POED&HITCHINGS,INC. . CIVIL ENGINEERS&LAND SURVEYORS <‘',..''4.GICri,20.1....,Q.,'4‘Q •°:' ,,,. ._... ;— s•,,,- .4 ,, SEATTLE,WASHINGTON 317-'144 11, 79 8'a •-‘•' XXI NO.91407.08 6-8-92 CLC WAX ExriAEs 3/17,14--• ii, 18,1iNG1.°. •_. 4, „ .. vv.en, ..$0, it ...... _.. 0 • • • • a BUSH,ROED&HITCHINGS, INC. EXHIBIT F NORTH WETLAND DESCRIPTION THAT PORTION OF LOT 7 OF BURLINGTON NORTHERN, ACCORDING TO THE BINDING SITE PLAN THEREOF RECORDED IN VOLUME IV OF BINDING SITE PLANS, PAGES S-..,ii , RECORDS OF KING COUNTY, WASHINGTON, ff DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO SAID LOT 7 AND LOTS 2 AND 3 OF SAID BINDING SITE PLAN; THENCE NORTH 88009'51" WEST 70.00 FEET; THENCE NORTH 01.50'09" EAST 472.81 FEET TO THE NORTH LINE OF SAID LOT 7; THENCE SOUTH 87°50'47" EAST 70.00 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF SAID LOT 7; THENCE SOUTH 01°50'09" WEST • 472.42 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. THE PARCEL DESCRIBED ABOVE CONTAINS 33,083 SQUARE FEET (0.76 ACRES), MORE OR LESS. POWELL DEVELOPMENT C) BURLINGTON NORTHERN BSP WILLIAM A. HICKOX, P.L.S. 4`rM A. JUNE 2, 1992 "SA M � ofWi k0 91407.98/SUR54B u � ti 4- 1 ' e 6-3-9z ° I .\\ pe zrnr ` tifp.�Cf�^�tD'ft0 3 I` LAO •,Ml` •EV•°E5 3177I H 0 C] In t .l i o • • ,„ ,,......., . .. . $ .11kgraV . . . S 87*50,47,.E-. 40 7000' ., , ..„ ..,.. i , SI•••-,1,••••.‘t ' I ,• , I < •• :: ;•.1%••• 1-11 IQ ..t•r..:i. i I.C,:?7 ,..'2. ..........- ..0 1 ` ........1 .... '•;.*:.'1 , . . No Si•ole , . N 7000...'.ii---N P 0/3 65°0-9'5/"111 I r N aer09'5r•iy . ... ,....., . est 1 . . cl <7' \) I I . C4 I . Cr) , 1 , i:::.:... •.' i...‘ 1 . ' .. i .. / .••. . / .... :".: .. I / , / ;LI ifo/ / .• (I , ... ir 1 •• ....1\.'. t.1 i tiL \ ... ::! ! 1 I 3 1 1 , ! f I • 1--• I ...1 1 NORTH WETLAND SKETCH 1 ,.. i : r o 1 POWELL DEVELOPMENT BLRLINGTON NORTHERN BINDING SITE PLAN In 1 .. i - i • .47 •i i. , PREPARED BY: 3,3 4114 II . . ' I.:, 'VO rite z • k•c‘cs.0'C1'9°FLI/s•Cif: - BUSH,ROED&HITCHINGS,INC. 0.*. •.,,,7 .,.e 1 .s (..) III 51'. , • '''..'r. kcimsco./.44, 1 :c . : CIVIL ENGINEERS 8 LAND SURVEYORS -a • '5.'0 -.- - 09" , SEATTLE,WASHINGTON ' '‘'"I L.C:Ikr4C)• ,:,.: ; CO SEAL PJ" . \ J00 NO.9=08 E-8-9 2 CLC WAN .4's& ....: ..,„,....,04 . /2-4 19 69 0.C4•-;* 1 ..._ r- ... ., `s NM ( FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT This Amendment is made and entered into by and among 8 illr HCWA Realty Corp., a Washington corporation " " w / rg Orillia Associates, a Washington general ( er )' PO"Powe Eastgate Theatre, Inc., an Oregon corporationpartnership ("Powell"), 3 Peter W. Powell ("p. Powell"') and Lloyd W. Powell ("L.p`ell") . RECITALS HC and Powell previously have entered into a Reciprocal Easement Agreement with Covenants, Conditions and Restrictions dated June 30, 1992, and recorded in the Official Records of King County, Washington, under Fee No. 9206302702 (the "Agreement"). Powell subsequently conveyed Lot 1 (defined in the Agreement) to — P. Powell and L. Powell who own Lot 1 as equal tenants in common. Contemporaneously with thi execution of this Amendment, Eastgate is acquiring Lot 3 (defined in the Agreement as modified 8 by the lot line adjustment mentioned below) from HC. In co njunction with that acquisition, the parties hereto (singly, an Owner , and collectively, the " R") desire to clarify and restate certain provisions of the Agreement. cl. AQREEum Therefore, in consideration of the premises and other (. .,4401) valuable consideration, the sufficiency of which is hereby acknowledged,indicated, allthe capi alizeders gree termssusedlows (unless otherwise herein shall have the same meanings as are attributed to them in the Agreement) : 1. Each of the Owners warrants and represents to the other Owners that the warranting Owner owns fee title to the al portion of the Shopping Center listed below and that the 07 warranting Owner has not created, assumed, or acquiesced to any VI indebtedness secured by liens encumbering the portion of the � Shopping Center owned by such Owner: CD 04 ° lk Lot CD C. L. Powell and P. Powell Lot 1 C') HC Lot 2 Eastgate Lot 3 Powell Lots 4, 6 and 7 The Owners also acknowledge and agree that the common boundary between Lot 2 and Lot 3 has been modified by Lot line adjustment . • reflected in Lot Line Adjustment Map recorded in the Official Records of King County, Washington, under Fee No. 9511299006. 1 - FIRST AMENDMENT TO RECIPROCAL f Fn FOR R;:CORD AT REQUEST OF EASEMENT AGREEMENT I.RANS1.M R;C:1 (. .-:k im sl am CO. 2;zo 10611; AVE. NE ti P 0. BOX 1493 :.E. l9•q 5..') 0 2. The third sentence of Section 2.1 of the Agreement it dolsted and the following substituted in lieu thereof: The Owner of each Lot agrees to construct and maintain parking on its Lot to serve the ! improvements erected from time to time on such Lot equal to the greater of (i) the number of parking spaces required by applicable law at the time that building permits are issued for the improvements to be constructed, or (ii) the following ratio: i Lot parkin Ratio I Lots 1, 2 & 3 4.1 stalls for each 1,000 square feet of Floor Area Lots 4, 6 & 7 5.0 stalls for each 1,000 square feet of Floor Area . CI Notwithstanding the foregoing parking requirements, if GI any portion of Lot 3 is developed for the purpose of CO operating a cinema, then such portion of Lot 3 shall .be ,4 served by parking stalls equal to the greater of (x) U) the.number of parking stalls required by applicable law ® with respect to theatre use at the time that building C4 permits are issued for the improvements to be ® constructed, or (y) one (1) parking stall for every C0 four (4) seats in the movie theatres erected on Lot 3; provided, however, that if applicable law permits less intense parking for cinema use (i.e., one (1) parking stall is allowed to serve more than four (4) seats in a cinema) after January 1, 2006, then the parking within such portion of Lot 3 that is used for the operation of a cinema may be reduced to the level permitted by applicable law so long as such reduction in parking does not materially and adversely affect the parking within, or use of, Lots 4 and 6. . 3. Section 3.1(d) is amended by adding the following sentences thereto: Notwithstanding anything to the contrary contained herein, the Owners acknowledge and agree that Lot 3 may include development of up to three (3) outlot pads (the "Lot 3 pads") , each containing up to 6,000 square feet of Floor Area, and such Lot 3 Pads may be situated anywhere within Lot 3 as the Owner thereof may designate from time to time so long as the same do not (i) encroach upon the building setback lines created by Section 3.1(b) of the Agreement, and (ii) lie west of the north-south line dividing the portion of Lot 3 which is currently zoned 2 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT swv i.nrrs,i11»vs.MA M.03402;71 �.r' j .. S . eV r Ji, • p commercial arterial from the portion zoned medium industrial, such line being situated approximately 140 feet west of the west right-of-way line of East Valley Highway and coinciding with the eastern boundary of Lot 4; provided, however, that such east-west limitation regarding the location of the Lot 3 Pads (x) shall not be applicable if Eastgate is precluded from constructing a cinema on Lot 3 and opening the same for business, and (y) shall not apply to any Pad lying south of a line coinciding with the northerly boundary of Lot 4. The Exclusive Building Area for Lot 3 shall be deemed to include the Lot 3 Pads. One of the Lot 3 Pads currently is expected to be developed in the portion of Lot 3 that lies near the intersection of Southwest 41st Street and East Valley Highway (the "South Pad") . If a cinema is erected on Lot 3 by Eastgate and opened for business, then Eastgate agrees, • solely for the benefit of the Owner of Lot 4, not to erect any improvements on the South Pad prior to January 1, 1999, other than such improvements as may be necessary to use the South Pad area for parking purposes; this covenant of Eastgate is solely for the benefit of Lot 4 and may be enforced only by 0, the Owner of Lot 4. Cl 4. Section 4.1 of the Agreement is hereby deleted and rq 0110 the following substituted in lieu thereof: 04 4.1 Grant of Easements. Subject to the Q provisions of Section 15.13, each Owner, as grantor, hereby grants to the other Owners, 0, for the benefit of said other Owners and their respective tenants and such Owners' and tenants' customers, invitees and employees, a nonexclusive easement to use, for the purposes of obtaining access to and from the Shopping Center, the roadways and walkways situated in the Common Area and any facilities which may be erected in the Common Area for the general use of customers of the Shopping Center (such as mass transit shelters) , all as Wore particularly located and described on the attached Site Plan, as the same may change from time to time. The foregoing grants of easements are not effective as to any Lot which is part of the Shopping Center until construction is commenced on such Lot. 3 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT I m)9.MAM 6w :7 '`n I- l' f The effect of this amendment of Section 4.1 is to eliminate the cross-parking easements formerly contained therein which created cross-parking easements among all Lots in the Shopping Center. The Owners acknowledge and agree that the parking areas contained within their respective Lots shall be sufficient to service all parking needs of the improvements to be constructed therein and that they do not require parking easements over the Lots of the other Owners. To give effect to the foregoing, each Owner hereby quitclaims to the other Owners the parking easements which were created by Section 4.1 of the Agreement. Each Owner agrees to execute such additional documents and to give such further assurances as may be necessary to properly document the agreements of the Owners set forth herein from time to time. The Owners agree to use their reasonable efforts to prevent their respective tenants and customers, and the customers of their respective tenants, from using the parking facilities serving • another Lot. 5. The second and third sentences of Secticn 4.3(b) of the Agreement are deleted and the following substituted in lieu thereof: Eastgate agrees that Powell may temporarily CI use a portion of Lot 3 situated to the east n CI of Lot 4 (out of and a part of the area Crl cross-hatched and designated as the 'Towel), Stacinc Area" on the Site Plan attached as oc Exhibit B to the Agreement) during the ® initial construction of the building on Lot 4 ® and the building on Lot 6, provided that: (i) Eastgate has not constructed or commenced the construction of building improvements on CI the Lot 3 Pad situated in the Powell Staging 1 Area at the time that Powell requests use of the Powell Staging Area for the purposes permitted herein; (ii) the other Lot (Lot 4 or 6, as the case may be) previously has been : developed to the end that it is not available g to serve as a staging area (each of Lots 4 and 6 to serve as staging areas for the other Lot until they are developed) ; (iii) the portion of the Powell Staging Area to be used is no more than 10,000 square feet in size 1 and is bounded on the west, south and east by the west, south and east boundaries of the Powell Staging Area; (iv) Powell obtains all permits required to be obtained from applicable governmental authorities to allow it to use the designated staging area; and (v) Powell holds Eastgate harmless from all claims, causes of action and liabilities which may be asserted against Eastgate by reason of Powell's use of the staging area. 4 - FIRST AMENDMENT TO RECIPROCAL • EASEMENT AGREEMENT •au'I.t7.9:5l'A 399,HA M.614Tr 7, .. l.: f I.. 4 .; r_r iNg _ J - Y\. , u e 1 S 1 I MAIIMPIO aft C 6. The fourth paragraph of section 4.6 is deleted and the following substituted in lieu thereof: One sign may be located on Lot 7 in the location designated on the attached Site Plan. Such sign shall be divided into three equal blocks, one on top of the other. Any of the Owners of Lots 2, 3 or 7 initially may elect to construct such sign at the sole expense of the Owner electing to initiate such construction. The Owners who do not undertake the initial construction of such sign (Powell, HC or Eastgate, as the case may be) shall be entitled to use one of the sign blocks to advertise their respective businesses by reimbursing the constructing Owner for one-third of the cost of construction of the sign. The constructing Owner shall have sole ^ontrol and use of each sign block until such time as an Owner w entitled to use a sign block elects to contribute its one-third share of construction costs and use the sign block allocated to it, If HC elects to participate in the use of such sign, HC shall be entitled to use the top block of such sign to 01 advertise its business on Lot 2; if Eastgate Cl elects to participate in the use of such sign, then Eastgate shall be entitled to use the middle block to advertise its business on CD Lot 3; and if Powell elects to participate in Cthe use of the sign, then Powell shall be entitled to use the bottom block of the sign CI to advertise its businesses on Lot 7. The Owners participating in the use of the sign shall be obligated to share in the cost of maintaining the sign in proportion to the number of sign blocks utilized by them. An Owner shall have no obligation to pay any construction or maintenance costs wi•_:1 respect to such sign unless and until such Owner elects to use the space on the sign allocated to it. No businesses may be advertised on such sign other than the businesses conducted on Lots 2, 3 and 7. 7. Section 13.1 is amended by changing HC's address to: HomeRase, 3345 Michelson, Irvine, California 92715, Attn: ° Vice President Real Estate; and adding thereto Eastgate's address: 919 SW Taylor, Suite 900, Portland, Oregon 97205. S. Section 15.10 of the Agreement is deleted and the following substituted in lieu thereof: 5 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT s. +1'Sp:S 1)1)9s.m.0.4.6iKr' g 't} I� 15.10 Wetlands. (a) Easement Grants. Subject to the reservation set forth in Section 15.10(b1, Powell hereby grants to HC a perpetual easement appurtenant to Lot 2 (the ")iC Easement") over and across the portion of Lot 7 described in Exhibit "A" attached hereto. Subject to the reservation set forth in Section 15.10(bl, Powell also grants and conveys to Eastgate a perpetual easement appurtenant to Lot 3 (the "Eastgate Easement") over and across the portion of Lot 7 described in Exhibit "B" attached hereto. Subject to the reservation set forth in Section 15.10(bl, Eastgate hereby grants to Powell a perpetual easement appurtenant to Lots 4 and 6 (the "Powell Easement") over and across the portion of Lot 3 described in Exhibit "C" attached hereto. The HC, Eastgate and Powell Easements (the "Easements") may be used by the Owners of the Lots benefitted thereby (Lots 2, 3, 4 and 6, respectively) to provide wetlands mitigation, 01 storm drainage and storm water retention •to Cl serve Lots 2, 3, 4 and 6, respectively, in Cl compliance with the requirements of the City of Renton and any other governmental G authorities with jurisdiction over the development and use of Lots 2, 3, 4 and 6. p The improvements which have been erected or Cp may be erected by such grantees in, on and CI under the land encumbered by the Easements (the "Easement Areas") may include (without limitation) bioswales, retention ponds, filtration systems, storm sewers, storm drains, and similar facilities. The HC Easement shall be appurtenant to and for the benefit of Lot 2 and.shall run with title to Lot 2, regardless of whether any subsequent instruments of conveyance covering Lot 2 specifically identify the HC Easement therein. The Eastgate Easement shall be appurtenant to and for the benefit of Lot 3 and shall run with title to Lot 3, regardless of whether any instrument of conveyance covering Lot 3 specifically identifies the Eastgate Easement. The Powell Easement shall be appurtenant to and for the benefit of Lots 4 and 6 and shall run with title to Lots 4 and 6, regardless of whether any_ instrument of conveyance covering Lot 4 or Lot 6 specifically identifies the Powell Easement. The respective grantees of the Easements (the "Grantees") shall be responsible for maintaining any drainage, 6 - FIRST AMENDMENT TO RECIPROCAL • EASEMENT AGREEMENT i;wv;sri(133varunnu63on7) s retention and other wetlands facilities • constructed thereon to the standards designated by the City of Renton. The grantors of the Easements (the "grantors") may not undertake any use of the Easement Areas which would inhibit or interfere with the uses permitted to be undertaken thereon by the Grantees. The Grantors and subsequent owners of fee title to the land encumbered by the Easements shall be and remain liable for payment of all real property taxes levied against the land encumbered by the Easements; provided, however, that any Owner benefitted by an Easement may pay such taxes for the account of any Grantor or its successors who fail to pay the same. Powell, HC and Eastgate agree to execute such additional documents and to give such further assurances as may be necessary to properly document the creation of the Easements to facilitate the development of Lots 2, 3, 4 and 6 as contemplated herein. r-1 (b) easement Reservations. Eastgate reserves the right to Use the portion of the Easement Areas O situated in Lot 3 in common with the Owners of Lots 4 and 6 to provide wetlands mitigation, storm O drainage and storm water retention facilities to CO serve Lot 3 and any improvements which may be cn constructed on Lot 3 from time to time. Powell reserves the right to use the Easement Areas situated in Lot 7, and the Owners of Lots 2 and 3 shall grant the Owner of Lot 7 easements over and across the drainage and wetlands facilities described in exhibit "D" (the "Lot 2 Easement Area") , and exhibit "E" (the "Lot 3 Easement Area") as hereinafter provided, all to be used in • common with the Grantees to provide wetlands mitigation, storm drainage and storm water retention facilities to serve Lot 7, provided that the following conditions and covenants are satisfied in connection therewith: (i) the proposed use of the Easement Areas situated in Lot 7 and the Lot 2 and Lot 3 Easement Areas (collectively, the "Master Easement Area") and the wetlands and drainage facilities constructed therein by Eastgate and HC, respectively (collectively, the "Drainage Facilities") must be approved by all governmental authorities having jurisdiction over the Drainage Facilities, Horton Dennis & Associates, Inc. , or such other engineers as are engaged by the Owner of Lot 7 and approved by Eastgate and HC (the "Engineers") , and a second civil engineering :itm doing business in the 7 - FIRST AMENDMENT TO RECIPROC.AL EASEMENT AGREEMENT ai xr:s:ias)ve.auMeu�;- 11 vs. - - t emu. • I ° M_ ]i f" Seattle metropolitan area (the "Second Engineers") selected by the Owners of Lots 2 and 3 and engaged 4 at the expense of the Owner of Lot 7; (ii) the use of the Drainage Facilities by the Owner of Lot 7 must be implemented in a fashion that will not interfere with the ongoing use and operation of the Drainage Facilities or reduce the capability of the Drainage Facilities to serve Lots 2 and 3; (iii) the Drainage Facilities to be used to serve any portion of Lot 7 situated north of the Driveway Easement Property (the Eastgate or HC Drainage Facilities, as the case may be) shall be determined by the Engineers and the Second Engineers; (iv) the Drainage Facilities will not be used to provide storm water retention and drainage services to the portion of Lot 7 situated south of the Driveway Easement Property ("South iot 7"); (v) no use may be made of Lot 7 which involves the manufacture, use or release of Hazardous Substances other than the operation of a gasoline service station on South Lot 7 (no o gasoline service station being permitted on North. Lot 7) and customary use of cleaning solvents and C7 the like in compliance with Environmental Laws (as .4 used herein, the phrase "Hazardous Substances" Oshall mean all hazardous, toxic, infectious or CD radioactive substances, wastes or materials CDlisted, defined or regulated by any Environmental Law and specifically also shall include petroleum, CI oil and its fractions, asbestos, urea- formaldehyde, and polychloribiphenyls; as used herein, the phrase "Environmental Law" shall mean all Federal, state and local statutes, regulations and decrees pertaining to the protection of any aspect of human health or the environment that are F. now or hereafter applicable to the Shopping Center); (vi) should any of South Lot 7 be used j for the purposes of operating a gasoline station, then, in addition to complying with the requirements of applicable laws, the Owner ) proposing to construct such gasoline station shall require that such service station facility be operated by, or licensed by, one of the major oil companies, and shall obtain from the operator of the service station either an indemnity or insurance policy from such operator for the benefit of the Owners of Lots 2 and 3 (and subject to their advance written approval, which will not be unreasonably withheld) which protects them from loss, damage, liability or expense resulting from ' the operation of such service station facility and P any Hazardous Substances which may be released or emanate therefrom; and (vii) the Owner of Lot 7 shall pay, in advance of its use of the applicable 8 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (5Wu,1.-ours.•I0))94?U M.%1•T.7 71 I y,77 p l Drainage Facility, its proportionate share of the original cost of constructing the portion of the Detention Facility used for outfall purposes based on its projected use of the Detention Facility. To the extent that any of the obligations of the Owner of Lot 7 set forth in subparagraphs (i) through (vii) above contemplate continuing or ongoing performance, the Owner of Lot 7 shall be obligated to comply with such obligations so long as it uses the Easement Areas. If the Owner of Lot 7 elects to use the Drainage Facilities, then the Owner of Lot 7 also shall be obligated to construct, at its sole cost and expense, any improvements to or enlargements of the Drainage Facilities required to accommodate its use thereof. All costs of maintaining and repairing the Drainage Facilities other than repair costs resulting from the negligence of an Owner or its agents or employees (which shall be paid for solely by such Owner) shall be paid by the Owners 0I sharing the use of such Drainage Facilities in C proportion to the gross number of square feet of CI land owned by each Owner which is served by the 1-1 Drainage Facilities. If, as and when the (T conditions set forth herein are satisfied, the O Owners of Lots 2 and 3, as applicable, shall grant Ceasements to the Owner of Lot 7 over and across Cd the Lot 2 and 3 Easement Areas, consistent in form and substance to the grants made in Section CI 15.10(a) and the terms of this Section 15.10(b) . (c) Additional Provisions Regarding Lots 4 and 6. To facilitate Powell's use of the Eastgate Drainage Facilities to provide drainage services to Lots 4 and 6, the surface drainage system to be installed in Lot 3 will be designed and constructed to accommodate those drainage needs according to the design requirements of the Engineers. Powell shall arrange and pay for the design and construction of a storm water collection system to serve Lots 4 and 5 running from a catch basin situated on Lot 3 to a boundary of Lot 4 or 6, such work to be done simultaneously with the installation of a drainage system on Lot 3. No other drainage work may be undertaken on Lot 3 for the benefit of Lots 4 and 6 after completion of the initial drainage system. The bioswale and outfall components of the Eastgate Drainage Facilities shall be sized to serve Lots 4 !` and 6 and Powell shall pay Eastgate the incremental cost of increasing the size of such facilities to serve Lots 4 and 6 (as determined by the Engineers) as and when such work is completed. Lots 4 and 6 shall be subject to the use 9 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (sw-+,1;um5rimnmws).+.e3e4727 1 p restrictions set forth in section 15.10(b) (v) and (vi). 9. Section 15.11 of the Agreement is amended by deleting the square footages of each Lot shown therein for purposes of calculating proportionate shares of the maintenance costs of the Driveway Easement Area, and substituting the following in lieu thereof: LQT SQUARE FOOTAG$ Lot 1 to be determined' Lot 2 486,190 Lot 3 535,094 Lot 4 35,000 Lot 6 35,000 • Lot 7 30,000 G'9 'The square footage of Lot 1 for purposes of this C provision shall be determined in accordance with Cl the provisions of Section 15.11. .-i O 10. The first sentence of the second paragraph of Section 15.11 is deleted and the following substituted in lieu thereof: G7 The Owner of Lot 3 shall construct a private roadway within the Driveway Easement Property in accordance with the requirements of the City of Renton. The Owner of Lot 3 shall maintain the Driveway Easement Area to a reasonable standard as designated by such Owner in its reasonable discretion, and the other Owners shall be obligated to contribute their proportionate share of maintenance costs as set forth herein. 11. The Agreement is amended by adding the following provisions thereto: 15.12. a e . Contemporaneously with the execution of this Agreement, Eastgate and HC have joined in the execution of a Declaration of Covenants, Conditions and Restrictions and Grant of Easements and Quit Claim of Certain Parking Easements which is to be filed for record in the Official Records of King County, Washington (the "Declaration") . As between the Owner of Lot 2 and the Owner of Lot 3, the terms and provisions of the Declaration shall supersede and prevail over the terms and provisions of this Agreement to the extent of any conflict or inconsistency between the provisions of the Declaration and the provisions of this Agreement or to the extent that any provisions of the Declaration are more burdensome than the provisions of • • 10 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT +' :u9:3.1033v1n.4.A1.4.6.14077 x�r . «vtire this Agreement. Lots 1, 4, 6 and 7 are not encumbered by any provision of the Declaration. 15.13 $xvansion of Lot 7 Building Ares. The Owner of Lot 7 may develop the portion of Lot 7 lying north of the Driveway Easement Property ("North Lot 7°) provided that the following covenants and conditions are satisfied: (i) if access to North Lot 7 shall be obtained via the Driveway Easement Property, then the square footage of Lot 7 to be used for purposes of calculating shares of maintenance costa under ,Section 15.11 shall be modified accordingly; (ii) notwithstanding anything to the contrary contained in Section 2.1 of the Agreement, all parking required by applicable law to serve any improvements constructed on North Lot 7 shall be contained wholly within North Lot 7 and shall be deemed sufficient if in compliance with applicable law; (iii) the Owner of North Lot 7 shall construct and maintain a fence or other barrier along the western boundary of the Easement Areas to prevent the customers and invitees of the Owner of North Lot 7 from crossing or entering upon Q) the Master Easement Areas; (iv) in addition to the other CI uses prohibited by the Agreement, no use may be made of . C7 North Lot 7 which would involve the manufacture, release, .4 disposal or use of Hazardous Substances; (v) any development undertaken upon North Lot 7 shall be completed in compliance O with all applicable laws, including (without limitation) the Cad requirements of the Army Corps of Engineers; ;.l) no CD requirements to be constructed on North Lot 7 shall exceed CG 45 feet in height; and (vii) no part of the Common Area CI other than the Driveway Easement Property may be used to provide access to North Lot 7 and the Owner of North Lot 7 hereby quitclaims to the Owners of Lots 2 and 3 all easements created by Section 4.1 to the extent that they encumber Lots 2 and 3. The consent of the Owners of Lots 2 and 3 with respect to development of North Lot 7 set forth herein shall not constitute a waiver of any rights which those Owners may be entitled to assert with respect to future development of North Lot 7 in their capacities as the owners of adjoining property. 15.14 Exchange of Lots. Eastgate and Powell may elect to exchange the South Pad area for Lot 6. The Owners of Lots 1 and 2 hereby approve of such exchange and agree that Eastgate and Powell may enter into and consummate an agreement to that effect without the necessity of obtaining any further consent of the Owners of Lots 1 an1 2 with respect thereto provided that any improvements to be constructed upon the South Pad after completion of such exchange shall not exceed 22 feet in height, the building envelope on the South Pad shall be generally in the configuration shown on Exhibit "F" attached hereto and any signage erected on the South Pad shall not materially impair the visibility of the HC Building from ground level at the 0 11 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT w v I,JJ95:10339E MAM 41a0 ! • • ,intersection of Southwest 41st Street and East Valley Highway. If, as and when such exchange is consummated, the land acquired by Eastgate shall be subjected to the terms of the Declaration and the land acquired by Powell shall be released from the terms of the Declaration and the Owners shall execute such documents as may be necessary to evidence the foregoing. Notwithstanding such exchange, the lot designations used herein shall be transferred such that the South Pad thereafter shall be referred to as "jot 6" for purposes of this Agreement and the land formerly designated as Lot 6 shall be referred to as part of Lot 3. 15.15 Utility Easement. Powell, as Owner of Lot 7, hereby grants and conveys to the other Owners, for the benefit of the Shopping Center, a perpetual, non- exclusive easement over and across the Driveway C) Easement Property for the purpose of installing, C) operating, maintaining and replacing, from time to VI time, storm sewer, sanitary sewer, electrical, gas, telephone, cable and other utility lines to serve • CD improvements to be constructed in the Shopping Center. 04 Any work undertaken in.the Driveway Easement Property CD at the behest of an Owner to install or replace any CD utility lines shall be done in a good and workmanlike manner at the sole expense of such Owner and in a manner that will not unreasonably interfere with the use of the Driveway Easement Property by the other Owners. 15.16 Use Restrictions. No portion of the Shopping Center • shall be used for any of the following uses or purposes: a. Any use which would constitute a public or private nuisance. b. Any use which generates noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness (other than noises typically associated with a home improvement store or theatre/cinema) . c. Any use which would generate excessive quantity of dust, dirt or fly ash. d. Any use involving a heightened risk of fire, explosion or other damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks. e. Any distillation, refining, smelting, agriculture • or mining operations. 12 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT • "�jte - S .>y-- " �"S f+V't 1. 6 + > L 9 • - f. For the purpose of operating a mobile home or trailer court, labor camp, junkyard, stock yard or animal raising business. g. Any drilling for and/or removal of subsurface substances. h. Any dumping of garbage or refuse, other than in enclosed, covered receptacles intended for such purpose. i. Any mortuary or similar service, establishment. j. Any commercial laundry or dry-cleaning plant; provided, however, this prohibition shall not be applicable to any premises if oriented to pick up and delivery by the ultimate consumer and there are only nominal on-site supporting facilities. k. Any automobile body and fender repair work. 1. Any flea market, swap meet, "second hand" store or • "s• plus" store. CO CO m. Any adult book store or any so-called "sin" uses including (without limitation) nude dancing, pornographic displays, displays of "X-rated" materials or films, massage (r parlor or off-track betting facility. O NCD 15.17 Additional North Lot 7 Uses. Notwithstanding CO anything to the contrary contained in Sections 2.1 or 2.3 of the Agreement, North Lot 7 may be used for the purposes of operating a bowling alley, skating rink, health club or bingo parlor or for industrial, warehouse or light manufacturing uses, if permitted by applicable law. No other amendment or modification is made or intended to be made to the Agreement and the Agreement, as modified hereby, shall remain in full force and effect as therein written. 12A— FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT mew monvimrseraNeuexan 7) M • y1t+ d (". fit- ';: •S t ,-.. • _;�{ `r _+.. t?;etti,e. • • , — -- 6 • - s' •I -- de , Executed in multiple counterparts to be effective as of the •th day'of February, 1996. 1`,: I Irk _ p,:l, pOWELL: r. Eastga•- :tre,..Inc., •n Powell-Orillia Associates, a t,.. Ore-: ,..ration Washington General 's Partnership By: II'if-A =, .•.y • Namsi* IF iPOTagalW : ' By: • .;_ Title: Lloyd W. Powell, General Partner • HCWA Realty,,Corp., a Washington By: ! h • ""corporation Peter W. Powell, General ' Partner p. POWELL 01 By: :. C) Hama: ., ,, . CI ••Title: �?t GC • '"`ram''`"""'!`rf''' Peter W. Powell r1!c:. . 04 �.. L. POWELL y; . CDBy:.,wtf. -.,1�"a ,: CD Name: C) Title: ' 2'•-0kt,•` Lloyd W. Powell EXHIBITS: "A" - HC Easement "B" - Eastgate Easement "C" - Powell Easement "D" - Lot 2 Easement Area "E" - Lot 3 Easement Area "F" - South Pad Envelope STATE OF OREGON ) ss. County of tdv)1.T AI-) rr This instrument was acknow edge. before me this day of am A , 1996, by ' . , as , ;_ u i of Eas gate Theatre, Inc., an 0 . po .ti•n,/ re.lf of the corpora ion. ` ls�,_ _ 4 tZ y"E t Sau 1. -e -1 J>CKIE WILKES a►ri�i� � ��_ �_` ".. M�x P�_� c�e;ap NOT •Y PUBLIC FOR OREGON • ccuM., , .+e f e My •.mmission Expires: �.S -- 13 - FIRST AMENDMENT TO RECIPROCA•' q 1 EASEMENT AGREEMENT ;Sle•WI009:S:IO3)9&1(AM6).4O77ai ,. p.. h MOOMMIll I- Execut. s1 in multiple counterparts to be effective a• of the 21L day of tebrudur'y , 1996. F. E: ! POWELL: Esstgate Theatre, Inc., an P w.11-orillia AssAssociates, a Oregon corporation Washington al partnership By: Name: By: Title: Lloyd W. Powell, General Partner HCWA Realty Corp., a Washington By: corporation Peter W. Powell, General Partner p. POWELL By: Name: Title: Peter W. Powell en en L. POWELL CI By: •"i Name: Arllwr T. , Jr. (,D Title: Autnorizecl Signalo G Lloyd W. Powell C3 O CHTBITS: G7 "A" - HC Easement "B" - Eactgate Easement • "C" - Powell Easement "O" - Lot 2 Easement Area "E" - Lot 3 Easement Area "F" - South Pad Envelope • STATE OF OREGON cc. County of This instrument was acknowledged before me this _ day of , 1996, by , as of Eactgate Theatre, Inc. , an Oregon corporation, on behalf of the corporation. . NOTARY PUBLIC FOR OREGON • My Commission Expires: • 1) - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT Rw.t.msinm»v>tAwli.pmm 1• t• 1 r • .tee Executed in multiple counterparts to be effective as of the dth day of February, 1996. c \ cn FSTCAT$: POWELL: cl Eastgate Theatre, Inc., an Powell -nrtoniCenerala iates, a Oregon corporation 9 Partne ip aY' -- By: Name: - Title: Llo id. Powe General P tr ner HCWA Realty Corp., a Washington By: - corporation Pater W. Powell, General / „.„..),_kk P•t rtner p. POW,;1 ay: -- Name: Title: Peter W. Powell v4 CD 010 By CDName: �1�� , c� Title:CI Lloyd W. ow1l EXHIBIT$: "A" - NC Easement "B" - Eastgate Easement "C" - Powell Easement "0" - Lot 2 Easement Area "E" - Lot 3 Easement Area "F" - South Pad Envelope STATE OF OREGON ) ss. County of ) This instrument was acknowledged before me this day of , 1996, by _-_, as of Eastgate Theatre, Inc. , an Oregon corporation, on behalf of the corporation. ® - NOTARY PUBLIC FOR OREGON ' My Commission Expires: 13 - FIRST AMENDMENT TO RECIPROCAL --- EASEMENT AGREEMENT sww:•Ow25/10uts.unw4 %a, 4.1. 'k .. �' - - - .. ,.1' i cr' a y�S••r`• •rt! F as - ——- FEB-07-'96 16:07 I D:9C 4.PBE-•U ILL I R S)1 TEL W:503-796-2900 11413 P13 • • Executed in multiple counterparts to be effective as of the Ith day of February, 1996. EAS1'GAT3: POWZI L: Eastgate Theatre, Inc., an Powell-Orillia Associates, a Oregon corporation .Washington General Partnership By: Name: By: • Title: Lloyd M. Powell, General HCWA Realty Corp., a Washington By: corporation Po er W. Powell, General Partner • • :•.:I By: !�i lame: 0111 C) Title: 1les . /� . Cr) •P •T'Cl Powell OG L.�i2.1, CD B CDy:Name: Title: CCD Lloyd W. Powell CI $XJ IBITS: 'A" - NC Easement "B" - Eastgate Easement, Nice - Powell Easement - Lot 2 Easement Area "8" - Lot 3 Eaaeaent Area "F" - South Pad Envelope STATE OF OREGON ) ss. County of Thin instrument was acknowledged before me this day of , 1996, by , as of Eastgate Theatre, Inc., an Oregon corporation, on behalf of the corporation. NOTARY PUSLI: FOR OREGON • My Coamisaio.s Expires+: 13 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT i nvim 7) —• INMININIII — .. _ • COQOOONWEALTH OP M SSACHUSETTS ) ss. COUNTY OF MIDDLESEX on . `11'* •before so, (i1,,,.Ma_;• 44)te Notary Public bblic e p( ad said state, personally appoar,d• a i J iDerg6r r*i s;.. •satisfactory known to me (or prPyMlrt.:,,,�to me on the basis of satisfactory evidence) to be the persorLEY whose name is subscribed to the within instrument and ••'•'••••., p acknowledged to me that he/she executed the same in authorised capacity, and that•by his/her signature on the' ," [ instrument, the parson, or the entity upon behalf of whicNi(th',. 4 . person acted, executed the instrument. tC-1.* . ,., • WITNESS my hand and official seal. • j .......••.\ / L'1 C • • -• - Notary Public in and fo said State ;;ti;�,ty,•, C'7 4 404 COMMONWEALTH OF MASSACHUSETTS ) • ur) ) ss. O COUNTY OF MIDDLESEX ) • (0 On E1/ 1`ffb, before me, � , a Notary G7 Public Amer �p •sri'ti �ttate, personally �rpeare / fill JIlR Jf personally known tom (or proved to me on the basis of satisfactory evidence) to be the person . whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/hex..." authorised capacity, and that by his/her signature on ths .\-:EY -•Q instrument, the parson, or the entity upon behalf of whi •the J • person acted, executed the instrument. r 1•,- • WITNESS my hand and official seal. s:1 ;�(�,, • aJ,d/11�A_ 15 •• Cr. LAJSiE E A"_='� ",'^/ Notary Public in and for c id St ' NC( My Ccmrriss..i a 14 - FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT antn roams/iarpmuwwa • _ ... . _e. �iti,'146401l: Ld3,.'.•:bu.�: ..1,-rT'.• p Nome STATE 0? WASHINGTON ) es. County of On this day of , 1996, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Peter W. Powell, known to be the person who executed this ir...trument in his individual capacity and as General Partner of Powell-Orillia Associates, a Washington general partnership, the partnership that executed the foregoing instrument, a,d acknowledged the instrument to be his free and voluntary act and the free and voluntary act and deed of that partnership for the uses and purposes therein mentioned, and on oath s•.ated that he was authorized to execute the instrument on behalf of the partnership. WITNESS my hand and official seal hereto affixed the day and year first above written. a, • a f, NOTARY PUBL):C in and for the State yei of Washington, residing at • GC CD My Commission Expirep• CD CID STATE OF ARIZONA Cl ) ss. County of rit.cCA/ On this .1 day of 20A uy 1s96, before me, the undersigned, a Notary Public in and fdk the State of Arizona, duly commissioned and sworn, personally appeared Lloyd W. Powell, known to be the person who executed this instrument in his • individual capacity and as General Partner of Powell-Orillia Associates, a Washington general partnership, the partnership that executed the foregoing instrument, and acknowledged the instrument to be his free and voluntary act and the free and voluntary act and deed of that partnership for the uses and • purposes therein mentioned, and on oath stated that he was authorized to execute the instrument on behalf of the partnership. WITNESS my hand and official seal hereto affixed the day and year first above written. , CfC-jt a ,a 517 ' NOTARY/ PUBLIC in and for -the State of Arizona, residing at My Commissio.. Expires: 6)07 ,(' =i ti • • 15 — FIRST AMENDMENT TO RECIPROCAL • EASEMENT AGREEMENT •aawiwais:I mlwuAYUeleN 2;. • ti r 6 ate.... O r y . FEB-S7-'96 16:6D 1 D:DXJ;EE-!I I LL I Fed TEL :593-r7%-2 9 5413 P 15 STATE OY WASHINGTO ) Bo. County of ) On this £ day ofland f6�.�-, 1996, before me, tho undersigned, a Notary Public inr the state of Wash duly commissioned and sworn, personally appeared Peter W. Powell, known to be the person who executed this instrument in his individual capacity and as General Partner of Powell-orillio Associates, a Washington general partnership, the partnership that executed the foregoing instrument, and acknowledged the instrument to be his free and voluntary act and the free and voluntary act and deed of that partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the instrument on behalf of the partnership. wiTNESS my hand and official seal hereto affixed the day and year first above written. • Lie-14-1C.041.4.-1. CO MosCIWKMMACMEY PUBLEC in and for the s te' I JO fAsexnt+mr'fE4+sM10.1998 of Washington, residing at CD ____„ My Commission Expires: 7•/ C\: C STATE OF ARIZONA ) Cl ) as. . . county of ) On this day of , 1996, before me, the undersigned, a Notary Public in and for the State of Arizona, duly commissioned and sworn, personally appeared Lloyd W. Powell, known to be the person who executed this .Instrument in his individual capacity and as General Partner. of Powell-Orillia Associates, a Washington general partnership, the partnership that executed the foregoing instrument, and acknowledged the instrument to be his free and voluntary act and the free and voluntary act and deed of that partnership for the uses and purposes therein mentioned, and on oath stated that ha was authorized to execute the instrument on behalf of the partnership. wITNEss my hand and official ee411 hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Arizona, residing at My Commissicm Expires: 15 - FIRST AMENDMENT TO RECIPROCA , EASEMENT AGREEMENT • wail t' 1.._ i .i ... c S • EMEMME • 02/06/1996 16:57 2068228758 H D A PAGE 03 Horton Deuit&Associates,Inc. HDA Consult!*Engineers,Pkwrs&Surveyors EXIMITT"E'-EASTGATE EASEMENT THAT PORTION OF LOT 7, BURLINGTON NORTHERN BINDING SITE PLAN (BSP-014-92), PER MAP RECORDED IN VOLUME 161 OF PLATS, PAGES 8 THROUGH • 11 INCLUSIVE, UNDER RECORDING NUMBER 9206302696, RECORDS OF KING COUNTY, WASHINGTON,SITUATE IN SECTION 30, TOWNSHIP 23 NORTH, RANGE I5 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 01'50'09'WEST ALONG THE EAST LINE THEREOF 553.30 FEET TO THE POINT OF O) ! BEGINNING; THENCE CONTINUING ALONG SAID EAST UNE SOUTH 01'50'09' Cl WEST 162.63 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 28'33'51' "4 WEST 155.64 FEET; THENCE NORTH 01'50'09'EAST 301.64 FEET; THENCE SOUTH 88'09'51' EAST 70.00 TO THE POINT OF BEGINNING. • CONTAINING 16,249 SQ. FT. MORE OR LFS_S. C7 -;r0• WO= Wait, f . � A iI i120 iaraad Av„rat:,oSoce, Efrifisinel, Washington 9803, PAsfr (206) S22-2525, Fax (201) 822-8958 Zfr*i A ® Wad o ilogrites f• .. .. c c 1404, — 02/06/1996 16:57 2068228758 H D A PAGE 04 Horton Dennis&Associates,Inc. HDA Consulting Engineers,Planners&Surveyors EXHIBIT "C"-POWER.EASEMENT THAT PORTION OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS,PAGE 180, UNDER RECORDING NUMBER ' 9511299006, RECORDS OF KING COUNTY,WASHINGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M., BEING MORE PARTICULARLY IDESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH I 88'09'51' EAST ALONG THE NORTH LINE THEREOF 113.15 FEET; THENCE SOUTH Q)1 01'50'09'WEST 426.54 FEE'P; THENCE NORTH 89'05'25'WEST 211.54 FEET TO THE , I WEST LINE OF SAID LOT; THENCE ALONG SAID WEST LINE NORTH 61°50'09' �� EAST 71.99 FEET; THENCE NORTH 21'33'51'EAST CONTINUING ALONG SAID LINE X' 218.70 FEET; THENCE NORTH 01'50'09" EAST CONTINUING ALONG .5A:D f_!,:7* a162.63 FEET TO THE POINT OF BEGINNING. cL1 CONTAINING 64,976 SQ. FT. MORE OR LESS. Cl ..4.t,"*,,,. A i . L p0� ' IAM9 moms I/f//97 ii ' i 20 Second Autumn south, Kirkland, ii'ashington 98033, Phone (206) 822-2525, Fen (206) S:2-8:<8 t iri'H-�st ® wmaachoe • Busier ib Z . ,?kid "� �'P - ,'ti p- _fit. <t V yi. tL 4. .; 1 .4moi 02/86/1596 16:57 2068228759 M D A PAGE 85 Horton Dennis&Associates,Inc. HDA ::: . . . Consa&tng Engineers,Planners&Swwyors maw"D"-LOT 2 EASEMENT AREA THAT PORTION OF LOT 2, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS,PAGE 180,UNDER RECORDING NUMBER • 9511299006,RECORDS OF KING COUNTY,WASHINGTON.SITUATE IN SECTION 30, TOWNSHIP 23 NORTH. RANGE S EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 87.50'47'EAST ALONG THE NORTH LINE THEREOF 83.38 FEET TO THE BEGINNING t OF A CURVE.CONCAVE TO THE NORTHWEST.HAVING A RADIUS OF 605.87 FEET; - THENCE IN AN EASTERLY DIRECTION ALONG THE ARC OF SAID CURVE.PASSING THROUGH A CENTRAL ANGLE OF 02'48'55'A DISTANCE OF 29.77 FEET; THENCE oi SOUTH 01'50'09'WEST 553.40 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE / NORTH 88'09'51 a WEST ALONG SAID SOUTH LINE 113.15 FEET TO THE WEST LINE O I OF SAID LOT; THENCE NORTH 01'50'09' EAST ALONG SAID WEST LINE 553.30 FEET TO THE POINT OF BEGINNING. CONTAINING 62.577 SQ. FT. MORE OR LESS. • LAO s,ni17 • • ?20.Second Avenue South, ifiritiand, Washington 98033, Phone (206) 822-2525, Fax (206) 8224758 Kiritimati • Wessatchae • dav{em s r , P • aims 82/.06/1996 16:57 2068228758 H D A PAGE 06 Horton Dennis&Assodatss,Inc. HDA Consulting Engineers,Planners&Surveyors EXHIBIT NE" LOT 3 EASEMENT AREA THAT PORTION OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS,PAGE 180.UNDER RECORDING NUMBER 9511299006, RECORDS OF KING COUNTY.WASHINGTON, SITUATE IN SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 0') ' 88'09'51'EAST ALONG THE NORTH LINE THEREOF 113.15 FEET; THENCE SOUTH 0') ' 01'50'09"WEST 426.54 FEET; THENCE NORTH 89'05'25"WEST 211.54 FEET TO THE 1.4 ' WEST LINE OF SAID LOT; THENCE ALONG SAID WEST LINE NORTH 01'50'09' ' EAST 71.99 FEET; THENCE NORTH 28'33'S 1'EAST CONTINUING ALONG SAID LINE O 218.70 FEET; THENCE NORTH 01'50'09' EAST CONTINUING ALONG SAID LINE G 162.63 FEET TO THE POINT OF BEGINNING. CONTAINING 64.976 SQ. FT. MORE OR LESS. sa ," \1/4144,47:", wows • ns/In I i l } ,.�;. 310 Second Arouse .,+^,.-6.,J, K1r , Washington 98033, Phone (206) 822-2525, Far (206) 822-8758 Lariddiad` . .1 `naiRfO Baran l� J 1111 11 :1== it Pl. 1 i ir---\I 1111 • la NO1S0'12•E - 20.00' — I I r+ z ' I I I � Ne9V52S1Y -66.03' ._ =`�� ; °� 141 I $ N0130'12•E - 96.77' 1 o a W �I1111� Tiiiiii iieii1e1 'l ' zF IW so = ] • , c _ . 68 ►— r . o17, N • f-ti — ;jI' f d . F. _ ,","' F•• GS G•*f«.s/ a o a3 \ NO1`S0'12E - 210.00' z --. _ _ r A - - a o.. _ _ — t : 4•. u g1. NOI'SO'12'E - 210.00' - - o _ —— Tw - 1e.ee' a — _ _ .- - _ — .-1- o i I -- — : .:•. m-, — �. — ►. b A I 1 '-- r� • xo ' ICI.IIO iLB �.r� fAl 43 .4 L e cl z N01'50.04'E - 210.00' = L - mar w A r_r. w I�► �� _ • i 111 0 4 _ - mu 1 s __ E C 1 •. Id llil(Ill I 4 • Ner119'45"E - 30.11' • N0130'O9'E - 7e801' .-I. AV7/49,� F 6EET80Z096 EAST VALLEY H I G H W 1 n 9 i • f WHEN RECORDED RETURN TO: ••-r -j —Ofice of the City Clerk Renton Municipal Building • 200 Mill Avenue South • Renton,Washington 96055 (Space Above This Line For Recorder's Use) -. GRANT OF EASEMENTS ovFrnQQ THIS INSTRUMENT,made this day orni; 199y and between HCWA • 249 REALTY CORP.,a Washington corporation,hereinafter called"Grantor,"and the CITY OF VI RENTON,a municipal corporation of King County,Washington,hereinafter called"Grantee." C That said Grantor,for good and valuable consideration,receipt of which is hereby ® acknowledged,does by these presents,grant,bargain,sell,convey and warrant unto the said i' N �3 Grantee,its surrPsgors and assigns the following easements over certain portions of that certain • real property located in King County,Washington and described in Exhibit"A"attached hereto 1 Li (the"Property"): • rn. I. An easement for public utilities(including water,wastewater and surface water)with necessary appurtenances over,under,through,across and upon that certain portion of the Property described in Exhibit"B"attached hereto,for the purpose of constructing, 1 reconstructing,installing repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines,including,but not limited to,water,sewer and storm drainage lines,together with a the right of ingress and egress thereto. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: ' (a) The Grantee shall,upon completion of any work within the : property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as 0ill practicable to the condition they were in immediately before commencement of the work 4 or entry by the Grantee. (b) Grantor shall retain the right to use the surface of the easement as 2 long as such use does not interfere with the easement rights granted to the Grantee. g, Grantor shall not,however,have the right to: (i) Erect or maintain any buildings or structures within the g easement; " ici 9307202D.00 1 R.tUvUWgg70-083/10-23.95/mcg J lk e r a E"t (ii) Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the 4 easement by the Grantee; 4 (iii) Develop,landscape or beautify the easement area in any ) way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein; (iv) Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities i on the right-of-way,or endanger the lateral support facilities;or (v) Blast within fifteen(15)feet of the right-of-way. 3 2. An easement for pedestrian arro-v+ ingress and egress over and across the driveways and roadways over the Property as the same may exist and be revised and relocated by . Grantor from time to time to inspect the wetlands area located in the northwesterly portion of the Property described in$,c ibit'C"attached hereto. Grantee shall restore any improvements which ( are disturbed or destroyed as a result of or in connection with Grantee entering upon the Property U.3 to monitor the above-described wetlands area. ® Thrse easements shall run with the land described herein,and shall be binding upon the parties hereto,their heirs,successors-in-interest and assigns. Grantor covenants that it is the 1 . cyl lawful owner of the above property and that it has good and lawful right to execute this 74 agreement. 1.5 1riCWA REALTY CORP., a Washin:on corporation j , By: kik `':rbert J Zs .I I r I' Title: Pro .0` ,t Sys qg�i.... r..i. &awe= 3-,.., : .or • Title: Jenlor V1CA Prnahfnrt ._. iii , i -2- M1 I 9507202D.001 .M/wtt70-0B1/10.20.95lmeg • • • • 1 � 4•' Commonwealth of Massachusetts) SS:COUNTY OF Middlesex ) Herbert J ZarkIn e I certify that I know or have satisfactory evidence that Edward J.Weisberger signed this instrument,on oath st that he was{ rized to execute the instrument and •S acknowledged it as thePreSAr or VU�Ptes OfHCWA Realty Corp.to be the free and voluntary act of such party forte uses and purposes mentioned in the instrument. • Dated: ll!$/G5 Lgoc:� E. R:IQ/ Notary Public in for the Commonwealth.of'Maas. residing at I ,ks •chttS • Notary: A - _Y.I.CY PyLf Myappointment expires: iSr} 111 y iw Ql C3 I • -3_ 9507202D.00l/M M/VJ8870-083/10-13-95/mee • 1144 xer4` • LEGAL DESCRIFITON OF PROPERTY LOTS 2 AND 3 OF BURLINGTON NORTHERN,A BINDING SITE PLAN, ACCORDING TO THE CITY OF RENTON BINDING SITE PLAN RECORDED UNDER KING COUNTY RECORDING NO.9206302696,IN VOLUME 161 OF PLATS,PAGES 8 THROUGH II,RECORDS OF KING COUNTY; SITUATE IN THE CITY OF RENTON,COUNTY OF KING,STATE OF WASHINGTON. j t p� d � qpt J k tro • • 4,444 alga 1 •.jl . a: gxw rT'A° - 9507202D.CC11141.1.1.6118 870-083/10-14 9 51.E • • • • • %1�=y1s :ram S • LEGAL DESCRIPTION OF UTILITIES EASEMENT THAT PORTION OF SECTION 30, TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M., BEING ALSO A PORTION OF LOTS 2 AND 3,'BURLINGTON NORTHERN BINDING SITE PLAN'PER MAP RECORDED IN VOLUME 161 OF PLATS,PAGES 8 THROUGH 11 INCLUSIVE,UNDER RECORDING NO.S206302696,RECORDS OF KING COUNTY. WASHINGTON,BEING A STRIP OF LAND 15.00 FEET IN WIDTH,HAVING 7.50 FEET OF SAID WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: j COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 01°50'09'WEST ALONG THE EAST LINE THEREOF(WEST MARGIN OF EAST VALLEY HIGHWAY), 27.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87'50'47' WEST 371.62 FEET TO POINT 'A"; THENCE CONTINUING NORTH 87'50'47'WEST 376.19 FEET TO POINT'B";THENCE SOUTH 01'50'09'WEST 266.00 FEET TO POINT'C';THENCE CONTINUING SOUTH 01°50'09'WEST 261.59 FEET TO POINT"D';THENCE SOUTH 88°09'5 I' •I EAST 398.94 FEET TO POINT'E';THENCE CONTINUING SOUTH 88°09'51" 1/1 EAST 348.85 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3 (WEST 1 Uj MARGIN OF EAST VALLEY HIGHWAY),AND THE TERMINUS OP THIS LINE O DESCRIPTION. SAID POINT OF TERMINUS BEING SOUTH 01'50'09' WEST 36.30 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 2. ALSO vol BEGINNING AT SAID POINT'A';THENCE SOUTH 02'09'13'WEST 50.00 FEET • ,r.I TO THE TERMINUS OF THIS LINE DESCRIPTION.ALSO BEGINNING AT SAID Lt1 POINT B";THENCE NORTH 87'50'47"WEST ALONG THE CENTERLINE OF AN EASEMENT STRIP.HAVING 7.50 FEET 1N WIDTH TO THE NORTH AND 20.50 FEET IN WIDTH TO THE SOUTH FOR A DISTANCE OF 25.00 FEET TO THE • TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT 'C';THENCE NORTH 88°09'51'WEST 25.50 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT'D';THENCE NORTH 88'09'51'WEST 25.50 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT'E';THENCE NORTH 01'50'09'EAST 39.50 PEET TO THE TERMINUS OF THIS LINE DESCRIPTION. THE SIDELINES OF • SAID 15.00 FOOT WIDE STRIP TO LENGTHEN OR SHORTEN AS NECESSARY TO TERMINATE AT RIGHT ANGLES FROM SAID POINTS OF TERMINUS OR ON STATED ADJOINING CALLS AS APPROPRIATE. a Pe ,: •s' toms au. EXHIBIT'B' 1 I 9507202 D.00 I M4.M/W 8g70-033/I0.23-95/meg 1) _ ' • • • • MI • Or PARCEL A BSP-014-92 , • I . SP 378-79 a.10437r • IT.sates - COT )� • DETAIL .A. �'4wtom a-rrazr L.0:: BSP-0r4-92 $� - tasn[nr at,=, D,un �S f///4 'O•.r. ,,,,2� rs''" Neo•.sr 1 I„now, R -.. LLL�.»•--.,,,/// +"-_rrW\tY- - -mar 1 Q:0'YitlR •.ebi1... r _ 1n n'--- r - ______- diaro•r ,..ea no' 1 L PS 42 1 e I i gi —'"•-•-i II WI *- 1 3701 ,... •t UP a g; 1 LOT 2 0 a wvrrrrvF emirs, .j�'Y •O 1 i .ea•110 Sat!r. ). - ,.ry4 t Ir.ltl MAYS 1 ♦ 1t. I! Al7R couvrty c2• ' ;. DETAIL'A' +.xu„War Mai I I 1a W�Amass ear.o. I a,.,ra YAW +� D Y .P !•• O _ p0t1Mw Jo'anon Ever «I k! .,in c, CC S Atc•03S t r'ar vAUnd/ 1.N ESN~ i ' Z^ : AlI NAr: , • LOT 7 'e••uonOitil 1 , '' mar • NOe91 1.1 I tSP-01 A-9I ►✓ 1. \r n ,_ • - -- - _- JTss'- 1.\Y' \ -Y LEGEND 'oS7 ti—'•c ,_.- pAi __--r•rwTi-nre-4,--y`--,•-n'•n' --- t • .WSW.pall a w 10.• c N •r tnrl .._...�........._... ._... _ J ... • - o Naeprm Or.w ^, CON.trANQ AeFA [t...--r,;• nY••oK Q .' u la ut m"•o " Nt\r IOIA.OMr LW N/t'AK air J 7b LOr,J 10 VC OW=•r . well ,YtCA..t•0rr SO.R. meow of Ns MMie • .I. on..{�f MIA IullUry 1 : .01.r ACRES ppCJ6/py► cow..a'Mamat1. kl ... • 0J n• q.t•O� ♦1 „*IMAM NO y1 • on a aror r m•arK. 1.10011 p.C.AS ►q ; • © o'tat •� :`-10 U.II? 375r �•;� usnlrirr LOT 3OOP iSCOCA•C eOO1. CNI• a� "' ri x a 'i e::uts 1 *I1 CwbrmNCF ur n s+r r ! C . : t't I. • • u 8 Op cnaararw car Atc s ry Sr Ir a �'.. '`, _d �•-�14'Oath 8- rdnr Na t([Mar NW)• X Zs . Y •..._g= 1 I GStYMr d9 0r uCme WM Am t0 of VAR,� a- • _y'!.'.• ' : . c::■jV.�J-- :=.... ,''R •-{ w'uron Mel Nay.sr0'vl me eew.rr see :I O IW a a 'wc Sir9ACr We Jr. ......-t-.. j sc.Jo......._.... -'Ili O•. y i[.Jr "- RCC Na aras0.00ro •ra,a K • 1 rc a3z•IIo•lov ©i g -rater { 1410T courw NT WO. 14001•Cr%-3C' S.TM000Lnt Rom 1, ,'e:1rorw NN77'.orr i / ' ■¢Slt-'10.090 1 I a.r-I — JO'ururr 0 swavc.eMrorl.t0 sr n[to,anent 1:: I L la.r ,, I FAXaafr u ea•..e 1st-130.010.Awn C. I I: b /°r ' ` q ;; /' tan o toa zoo NO i I: a 0 t'' gr.r.? a� ss`ti g$ 0 °J' ! •© ' '' ,I �_ ..t0 a SCALE IN rcc, ;It ACCFJs Iwo 0� 1 i c, !ewc4s•as7 I . ,:u$/n Su'r 0 19.1 I" • w,�•w.o•.n•�c,n,••:•••.ell•N4•e.it- ._•!LL taller refer i.•rossr. •�q�� S.W. 41ST STREET 9 Itu'" C _8 yyy .CtOY•�..[L.1�q1•• MC e.ae Vd M Nee9rarb I 'I '.'o RAR�2\\11•10. 6 II gtrlwSC of Ac'c[Ss►0 IMF f.OQ MI.O•..0.G.l 3OI.R.:m.0a ar av man,ws.e*m•. sr..IT of Mat PM IC=No. 4001404581. • WETLAND AREA DESCJUPTION Being aportion ofl ats 2 and 3 ofBtrolingtonNowBinding Site Plan(BSP-014-92) as recorded in Val 161 of Plats,pages 8 through 1l inclusive,under Recording Number 9206302696, Records of King County, Washington and being more particularly dcscnbed as follows: The West 115.00 feet of said Lot 2 and the North I20.00 feet of the West 115.00 feet of said Lot 3,Except the North 25.00 feet of said Lot 2. Y ,q e�y • r9 M J /r/ A 1 per c t { 9507202D.00IMQ.RV6d8870.083/10.23-95/m , J O • • ` ' DEVELOPMENT PLANNING CITY OF RENT^11 prat 131995 RECEIVED AGREEMENT REGARDING BUILDWG LOCATION 1 This Agreement Regarding Building Location(the"Agreement")is entered into as of the 13th day of February,1995,by HCWA REALTY CORP.,a Washington corporation ("HCWA"). R CITALa: D. A HCWA owns that certain parcel of land situated in or near the City of ® Renton(the"City"),County of King,State of Washington,which parcel is more particularly 0 described on):xhibit"A"attached hereto and made a part hereof("Parcel A"). O ca • vol B. HCWA also owns that certain parcel of land situated in or near the City, • rf County of King,State of Washington which parcel is more particularly described on exhibit"B" 11, hereto and made a part hereof("Parcel B"). Parcel B is adjacent to Parcel A. CI C. hi connection with HCWA's development of Parcel A,including,without limitation,the development of a building upon Parcel A(the"A-Building")immediately adjacent to the northern lot line of Parcel B,the City has required that HCWA,as the owner of Parcel B, agree to certain restrictions upon the development of Parcel B. i WITIiEaSEILI: • i gIn consideration of the foregoing recitals,HCWA hereby agrees as follows: I . 1. Building Location. In the event that HCWA desires to construct a building . upon Parcel B(the"B-Building")or sells,assigns or transfers Parcel B to any buyer("Buyer"), HCWA shall locate,or shall require Buyer and its successors(in the event they desire at any time to construct the Building)to locate the B-Building either()a minimum of sixty feet(60)from the northern lot line of Parcel B or(ii)immediately adjacent to the northern lot line of Parcel B. If the B-Building on Parcel B is placed immediately adjacent to the northern lot line of Parcel B, then a setback will be maintained around the entire perimeter of the A-Building and the B-Building in accordance with the applicable building code of the City of Renton,County of King,State of Washington. r 8 i s`, ei 9510101WOCl/RES/WSS70-266/04-I1-956mo d .. - - - _. - C r • SK g9 2. Successor Assigns. The provision of the Agreement will inure to the benefit of and will bind HCWA and its respective successors and assigns and all other persons or entities which acquire any interest in Parcel A or Parcel B. ' 3. Apoticable Law. This Agreement will be construed in accordance with and enforced as provided under Washington law. 4. FRhihu a. Each of the Exhibits attached hereto is incorporated herein by reference. • 5. Captiou. The paragraph captions in this Agreement are for convenience only and are not a part of and are not intended to govern,limit or aid in the interpretation of any provision of the Agreement. HCWA REVY COY,n Washington • corporatio By: w Name: Tho C lino ./(1 Title: Vice President • ci 4 9510101 W.QC 1/RESPASVO-266 -I I-95/jmo G _ . 1 • MI 1 • • EXHIBIT'A' EacssdA: Lot 2 of Burlington Northern,a binding site plan,according to the City of Renton Binding Site Plan recorded under King County Recording No.9206302696,in Volume 161 of Plats,Pages 8 through 11,Records of King County. . r` Cr, m O • N ih • EXHIBITS"A° • J i a _ v EXHIBIT•B" Parcel B: Lot 3 of Burlington Northern,a binding site plan,according to the City of Renton Binding Site Plan recorded under King County Recording No.9206302696,in Volume 161 of Plats,Pages ti through I I,Records of King County. A � 4-1 IPy h �fr r• • EXHIBIT"B° —I s-,• .,� --- 95 p- 1025'27' -... _. .._... .....- -- ,vw SEE Q a.eaaer t'� LOT I LEGAL DESCRIPTIONS : DETAIL •A• fo r �t• irazr E9!;' BSP-014-92 agCiN DECLARATION f (OLD)LOT 2: ti 3o ,- m 10'UOUTY 7 q KNOW ALL AIEII BY 1NESE PRESENTS THAT w:TNIE A snow of MOON 3S IOrOY!v MOWN NANO N.750'4r1' •�- Ne77047•W OUR N __-" W7S017 w 2 IRfOLRElp1m PANEA(S)OF 111E LAME Marl OEsweED WiFjoy INTIO roe srt MN O FOLIOS �.M_____________--_ -( 317.Je' ifS00• 0 DO 11EREOY PANE A BQRNDMY LNNE A0.E15TMENT For 1'OI IMP MONO r'NIwE N,of pi 20'unurvJ_ _ .k"� -mr7vaT•r- TIEREW PURSUANT TO RCM 30.17.040 AND DECLARE A Am a IR IMP W NO. NCOROAM I Po.w Igt•011Y Ts"' m.01'. -- THE NON AW WM1.RWMi 0r ON mart MOiN11ON. _ TWS lit SAIL TO A SUE) GRAPHIC RENT IS MADE REPRESENTATION II usarn4r . I T arl q 0/ SANE•AND THAT$ND Ao11sTYfllT,s MADE I ONION MAIL,W L1N THE FREE COIlg11T AND W ACCORDANCE WIN Moe wltoN saw'- I,....IF tn.) 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Or•Ao •47'LI• _ I 0 I op„ ewrP NS INo r We IINIMNINy Meww WN SONS 0 TONMis Ea 1101 D CNIF routs of 1K ONLY 2 wl N NE wws Y NrO.rA rNO NNW Not M UOIAL NRWIIQT OOMU a LOT l an.T I 1 TO MNNY r�li Y YINYNr/OM rNw•IMM MI b CONDOMS COI.ISO E0.R.a 11.Id1 AG® DETAIL 'A' ' i I M 10r=.r f�W r r.r-- «N.O w. Will TO ONTO NOTION ONTO. 1 I Mowr IN So y=w poly r dw or.r WINN i. ONT TO ICAO I.k$ $ )N Q (OLD)LOT 3: ' E1TSTN40 20'UTEJrr E37a'T' - _ NoaeNe el • A PORTOI d IECV W as IOMN'LT NORM OASIS f PROPOSED FLIP YAG RN],f .. «I I Nee17 'W p Z O ORIGINAL LOT 7 O►EwafiN wONOM SUMO VW FAN '■1 DOIPAIARY LK T, O�wL+r NON �p�M.Fa IMP INtmom M wuK WI aF E RATS emu•NO NI I Ng1rK WOW RscsOq N19IOSI�SpOV NON HOYSrO.Ritmo'v OW oOWTr,NANNW10w LOT 7 ii$NNa0T31 11 I f /T NeeTM711Yillii2 Nola d'lAw i OSP-014-92 aaaa ��.1 J fees' . . . Z oAR r tisNNLis p. 1 .Arse' Ei _ _ tr�miiri�. (NEW)LOT 3 o ---- ... 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MIOCIEWCz SCALE: 1•-100' I I U1nun ISN'TJ -,, .RII, Ned for record WN•...........day of Ie at M /� neT i , _ C.rUfleale No. _;yi fatar I • 1se.Ir- .-.filler_ In INN-------ol..-..ot twee....-...at the request of M' uOLOlA1L FDI OOeaTOOtON OIORT,Oo.I NNIOrO NON pow 'NYE S.W. 41ST STREET 3 ltaa'- (?4,0�7orw NORTON COINS°_'="°t..,..v° , na 55104 SO,AN WNW°O NANO UPON o el N NTON NOn LA Asa Olt PUN 'R[cdro - N NUN(WI O MIS PAm O TM3030 11 di'yO Or I NLc MNOO INQRONI*NO.Oaawm.N.IM.taoN STALERELE4SEO OF ACCESS roDIE .-..�. am INN oouwTr,INAMNYIDM. STA wA9N.P01 SEC.NO.1005010517. ye"• Sept.of Records woe ww1T 41, SHEET 1 of 1 F;ra' - NDA JOY No.9300.00 4 •* � ...'..I . . t 1 use's;, r, • (-)5) 8 • � F `4) • °ti DECLARATION OF COVENANTS.CONDITIONS AND RESTRICTION 0 AND GRANT OF EASEMENTS AND OUITCLALM OF CERTAIN PARKING EASEMENTS CIO By and between • C" IiCV/A REALTY CORP.,a ssh hggt corporotion and EASTCATE TaF 'ATRE,INC.,an Or _on corpc taon • 44, Q�E �G A—E\ 'H()I6009OCl/N O/W8870-331/02-06-96/cef • w.tr�f:Td'i' ... •..:, ms,..s.,..,.. ..Atrv.., vT, x F c::.. mwt.•«:.n .. 4..,3fi f.n,3a- x3Sr.vn7td'., ` TABLE OF CONTENTS RECITALS 1 COVENANTS, CONDITIONS AND RESTRICTIONS 2 1. Use Restrictions Binding on Eastgate Property 2 2. Use Restrictions Binding on HomeBase Property 2 3. Use Restrictions Binding on Shopping Center 2 4. Retail Use Restriction 3 5. Height Restrictions 3 1 6. Undeveloped Building Area 4 7. Site Plan Restrictions 4 8. Restrictions Limiting Construction Interference 5 9. Parking Ratio and Standards 5 EASEMENTS 6 10. Reciprocal Driveway Easement 6 I I. Service Drive Easement 8 1 X) 12. Pylon Sign Easement 8 MISCELLANEOUS 8 13. Constructive Notice and Acceptance 8 14. Duration of Declaration 8 15. Amendment to this Declaration 9 16. No Covenant to Operate 9 17. Severability 9 18. Captions 9 9601 60u9(3€I IMEO/W8870-331/02aM-96/cel 19. Release from Liability 9 20. Notices 9 21. Breach Shall Not Permit Termination; Notice and Cure Rights 10 22. Self-Help Rights 10 23. Breach-Effect on Mortgagee and Right to Cure 10 24. No Partnership 11 25. Governing Law • 11 26. Consent 11 27. Estoppel Certificate 11 28. Waiver of Default 11 0) 29. Counterparts 12 C'7 GO 30. Annexation Parcel 12 O 31. Deannexed Parcel 12 QUITCLAIM 12 32. Quitclaim of Parking Easements 12 33. Related Agreement 13 TABLE OF EXHIBITS Exhibit "A" Legal Description of HomeBase Property Exhibit "B" Legal Description of Eastgate Property Exhibit "C" Site Plan Exhibit "D" Legal Description of Annexation Property -it- 96.16009 OC I iMEO/W8 8 70-3 3 I/02-a6-96/cef RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: HCWA REALTY CORP. c/o HomeBase 3345 Michelson Irvine, California 92715 Attention: Vice President Real Estate (Space Above For Recorder's Use) • DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS AND QUITCLAIM OF CERTAIN PARKING EASEMENTS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS AND QUITCLAIM OF CERTAIN 17) PARKING EASEMENTS ("Declaration")is made as of February 7, 1996, by HCWA REALTY .•1 CORP., a Washington corporation("HomeBase")and EASTGATE THEATRE, INC.,an Oregon corporation("Eastgate"). ® I RECITALS: C, A. HomeBase is the fee owner of certain real property situated in the City of Renton, County of King, State of Washington, described in Exhibit"A" attached hereto and by this reference incorporated herein(the"HomeBase Property"). HomeBase and any other party who subsequently acquires title to all or any portion of the HomeBase Property is hereinafter referred to as the "HomeBase Property Owner." B. Concurrently with the execution and recordation of this Declaration, Eastgate is purchasing from HomeBase certain real property adjacent to the HomeBase Property, which is situated in the City of Renton, County of King, State of Washington,described in Exhibit "B" attached hereto and by this reference incorporated herein(the"Eastgate Property"). Eastgate and any other party who subsequently acquires fee title to all or any portion of the Eastgate Property is hereinafter referred to as the"Eastgate Property Owner." HomeBase,Eastgate and any other party who acquires fee title to all or any portion of the Eastgate Property or the HomeBase Property is sometimes referred to herein as an"owner." C. HomeBase would not otherwise agree to sell the Eastgate Property to Eastgate and Eastgate would not otherwise agree to buy the Eastgate Property from HomeBase without the restrictions, covenants and obligations, and the grant of easements set forth in this Declaration. 9r,iIn kiv<)i'I/NIEU/wgiP0-33I/f12-0th•96/cet Ia. _ `tom D. HomeBase will hereafter hold and convey title to the HomeBase Property subject to certain protective covenants, conditions and restrictions and the easements as hereinafter set forth. E. Eastgate will hereafter hold and convey title to the Eastgate Property subject to the covenants, conditions, restrictions and easements contained herein. F. Attached hereto and incorporated herein by this reference as Exhibit "C" is a site plan depicting the HomeBase Property and the Eastgate Property("Site Plan"). The areas labeled on the Site Plan as"Outparcels" are referred to herein as Outparcels. The area labeled on the Site Plan as "Theatre Parcel" is referred to herein sometimes as Theatre Parcel. The area labeled on the Site Plan as"HomeBase Parcel" is referred 'o herein sometimes as HomeBase Parcel. The term "Shopping Center" used herein refers to the Outparcels, the Theatre Parcel, and the HomeBase Parcel. NOW,THEREFORE, in consideration of the foregoing, HomeBase and Eastgate Cr) hereby covenant and declare that the HomeBase Property and the Eastgate Property are now held and shall hereafter be held, transferred, sold, leased,conveyed, encumbered, mortgaged, improved and occupied subject to the terms of this Declaration. These covenants, conditions, restrictions and easements shall run with the HomeBase Property and the Eastgate Property as described C herein and every part thereof, and shall be binding on Eastgate and HomeBase and their respective successors and assigns with respect to the Eastgate Property and the HomeBase Property, and 0) shall inure to the benefit of the Eastgate Property Owner and the Eastgate Property, and the HomeBase Property Owner and the HomeBase Property as described herein. COVENANTS.CONDITIONS AND RESTRICTIONS • 1. Use Restrictions Binding on Eastgate Property. So long as the HomeBase Parcel is used as a general merchandiser selling home improvement items(or has been so used within the past twelve(12)months), no portion of the Eastgate Property shall: (i)be devoted primarily to the sale of hardware;(ii)be devoted primarily to the sale of paint;(iii)be devoted primarily to the sale of garden or nursery items or supplies;(iv)be devoted primarily to the sale or display of mill work products or supplies, including,without limitation, doors or specialty doors, custom kitchens, kitchen cabinetry, custom cabinetry, counters or countertops;or(v)be used for the operation of a"home improvement store." As used herein, the term "home improvement store" shall mean a store devoted primarily to the sale of home improvement items such as lumber, hardware, paint, gardening supplies, lighting, custom cabinetry, kitchens and millwork. 2. Use Restrictions Binding on HomeBase Property. So long as the Theatre Parcel is used to operate as a movie theatre(or has been so used within the past twelve(12) months), no portion of the HomeBase Property shall be used for the purpose of operating a movie theatre. 3 Use Restrictions Binding on Shopping Center. No portion of the Shopping Center shall be used for any of the following uses or purposes: -L- 96oI(61109 OC IRv¢O/W8R";0-331/02-06-yt,/ el ar. tcr. • (a) Any public or private nuisance. (b) Any noise or sound that is objectionable due to intermittence,beat, frequency, shrillness or loudness(other than noises typically associated with a home improvement store or a theatre/cinema). (c) Any excessive quantity of dust, dirt, or fly ash. (d) Any fire, explosion or other damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks. (e) Any assembly, manufacture, distillation, refining, smelting, agriculture or mining operations. (f) Any mobile home or trailer court, labor camp,junkyard, stock yard or animal raising. (g) Any drilling for and/or removal of subsurface substances. (h) Any dumping of garbage or refuse, other than in enclosed, covered receptacles intended for such purpose. 1.01 Car (i) Any mortuary or similar service establishment.• • C\I (j) Any commercial laundry or dry-cleaning plant;provided, however, O this prohibition shall not be applicable to any premises if oriented to pick up and delivery frn by the ultimate consumer and there are only nominal on-site supporting facilities. 1 (k) Any automobile body and fender repair work. (1) Any flea market, swap meet, "second hand" store or"surplus" store. (m) Any adult book store, any so-called "sin" uses including without limitation nude dancing,pornographic displays, displays of"X-rated" materials or films, massage parlor or off-track betting facility. 4. Retail Use Restriction. So long as the HomeBase Parcel is being used primarily for retail sales purposes,the Shopping Center shall be used primarily for the retail sale of goods, wares and merchandise and for such service establishments as may be common to a first- class shopping center in the same geographic area. For purposes of this provision, movie theatre use shall nct be deemed non-retail and offices incidental to retailing, including banks, barber shops and beauty salons shall not be deemed non-retail. 5. Height Restrictions. Unless otherwise approved by the HomeBase Property Owner, the height of the building constructed on the Theatre Parcel so long as such building is used for theatre or retail purposes shall not exceed thirty-five(35)feet(excluding -3- 96()16009 OC I/MEO/W gg70-3 31/02-06-96/ce( b lobby, canopy and architectural features on the theatre building such as entry marquees); and the height of the buildings constructed on the Outparcels shall not exceed twenty(20)feet. Unless otherwise approved by the owner of the Theatre Parcel, the height of the building constructed on the HomeBase Parcel shall not exceed thirty-five(35) feet(excluding canopy and architectural features). 6. Undeveloped Building Area. Each of the Outparcels shall be paved and marked as a parking area until such time as the commencement of construction of a building on such Outparcels. 7 Site Plan Restrictions. The Shopping Center must be developed in accordance with the Site Plan. Without limiting the foregoing, all buildings and other structures must be built within the building envelopes("Building Envelopes") shown on the Site Plan and shall not exceed the maximum square footages designated for such buildings on the Site Plan; and no changes shall be made to the parking spaces, driveways, service drives, entrances and exits 4-4 from the layout thereof shown on the Site Plan without the prior approval of the owner of the cr HomeBase Parcel and the owner of the Theatre Parcel. Any revisions, modifications or other CV changes to the Site Plan shall require the prior approval of the owner of the HomeBase Parcel and the owner of the Theatre Parcel and the standards applicable to such consent are more fully CD described below. Until the tenth anniversary of the date of this Declaration any of the following 47) changes to the Site Plan(i.e. changes described in(1)through(6)below)shall require the prior approval of both the owner of the HomeBase Parcel and the owner of the Theatre Parcel which consent may be withheld in the sole discretion of such owners: (1)changes to any of the Building Envelopes within the HomeBase Parcel or the Theatre Parcel;(2)changes to the"Main Access Driveway"(hereinafter defined)which is situated along the boundary of the HomeBase Property and the Eastgate Property;(3)elimination of the access drive to East Valley Highway which is located to the south of the Main Access Driveway and identified on the Site Plan;(4)elimination of the "Service Drive" (hereinafter defined)which is situated along the rear of the building located on the Theatre Parcel or relocation of the Service Drive in any way that could impair the operation, use or enjoyment of the HomeBase Parcel;(5)reduction in any of the parking ratios below those required by this Declaration; or(6)relocation of the main doors to the building located on the Theatre Parcel(if such building is used for theatre use or any other use other than retail use), any further north than as shown on the Site Plan or the addition of any entrance doors (exits and fire doors being allowed)along the north side of the building located on the Theatre Parcel (this item 6 to terminate and be of no further force or effect if, as and when the Theatre Parcel is converted to retail use unless subsequently converted back to theatre or other use). Any changes to the Site Plan occurring prior to the tenth anniversary of this Declaration which are not described in any of the items set forth in(1)through(6)above and any changes to the Site Plan occurring after the tenth anniversary of this Declaration(whether or not described in any of the items set forth in(1)through(6)above) shall require the prior approval of both the owner of the HomeBase Parcel and the owner of the Theatre Parcel but neither of said owners may unreasonably withhold or delay their approval of such changes. Notwithstanding the foregoing, any changes to the Site Plan required by the City of Renton in connection with the initial proposed development of the Theatre Parcel("City Required Site Plan Changes")which are not otherwise described in any of the items set forth in(1)through(6)above shall not require the approval of the owner of the HomeBase Parcel although said owner shall be entitled to notice thereof. In -4- Un)i 1 )(09 OC I/1+,1E0/W8870-331/021)6-96/cet • il.'. ast FEB 07'96 11 :09 FR TO 15037962900 P.02/03 addition,if the building located on the Theatre Parcel is changed from theatre use to retail use, then(i)such building may be expanded to the east beyond the Building Envelope shown therefor, but not further east than the front building line of the existing building located on the HomeBase Parcel;provided,however,that as a condition to such expansion the Eastgate Property Owner must mitigate, to the satisfaction of the HomeBase Property Owner, any impairment to the visibility of the identification sign located on the south elevation/east end of the building located on the HomeBase Parcel,and(ii)the maximum total permissible building square footage of the building on the Theatre Parcel may be increased from 56,896 square feet to 92,000 square feet. 8. Restriction Limiting Construction Interference. During any period of construction of any improvements on the Shopping Center,all reasonable measures shall be taken by the constructing owner at its cost to minimize any impact that construction may have upon the use and/or operation of the remaining property in the Shopping Center,ir+chuiing,without limitation,dust and noise abatement and interference with ingress, egress or access to the co) property in the Shopping Center. r'1 9. Parking Ratio and Standards. The HomeBase Property and the Eastgate OProperty shall each contain parking sufficient to accommodate all patrons,guests,invitees, C employees,vendors and other visitors to such properties. The parking areas within the HomeBase Property shall always contain at least four and one-tenth(4.1)parking spaces for rn so-called standard size American automobiles for each one thousand(1,000)square feet of floor area in the HomeBase Property, and driveways and footways incidental thereto,or such greater number of spaces as may be required by any applicable governmental regulation,code,special use or other zoning permit. The parking areas with the Outparcels shall always contain at least four and one-tenth(4.1)parking spaces for so-called standard size American automobiles,and driveways and footways incidental thereto,for each one thousand(1,000)square feet of floor area in such Outparcel, or such greater number of spaces as may be required by any applicable governmental regulation,code,special use or other zoning permit. As long as the Theatre Parcel is used to operate a cinema,the parldng areas with the Theatre Parcel shall always contain at least one(1)parking space for every four(4)seats in the movie theatres located within the Theatre Parcel and driveways and footways incidental thereto,or such greater number of spaces as may be required by any applicable governmental regulation,code, special use or other zoning permit; provided,however,if applicable law permits one(1)parking space for more than four(4)seats in the theatres,then the parking within the Theatre Parcel may only be reduced to what applicable law permits if the reduction will result in no impact on parking within,or use of the HomeBase Property. If the Theatre Parcel is used for retail(as opposed to movie theatres)then the parking areas within the Theatre Parcel shall always contain at least four and one-tenth(4.1)parking spaces for Go called standard size American automobiles,and driveways and footways incidental thereto, for eich one thousand(1,000)square feet of floor area in arch parcel,or such greater number of spaces as may be required by any applicable governmental regulation, code, special use or other zoning permit. 9601 600,9.O I i 0570-3 31 K a-07-96/cc( • addition, if the building located on the Theatre Parcel is changed from theatre use to retail use, then(i)such building may be expanded to the east beyond the Building Envelope shown therefor, but not further east than the front building line of the existing building located on the HomeBase Parcel; provided, however, that as a condition to such expansion the Eastgate Property Owner must mitigate, to the satisfaction of the HomeBase Property Owner, any impairment to the visibility of the identification sign located on the south elevation/east end of the building located on the HomeBase Parcel, and(ii)the maximum total permissible building square footage of the building on the Theatre Parcel may be increased from 56,896 square feet to 92,000 square feet. 8. Restrictions Limiting Construction Interference. During any period of construction of any improvements on the Shopping Center, all reasonable measures shall be taken by the constructing owner at its cost to minimize any impact that construction may have upon the use and/or operation of the remaining property in the Shopping Center, including, without limitation, dust and noise abatement and interference with ingress, egress or access to the remaining property in the Shopping Center. 9. Parking Ratio and Standards. The HomeBase Property and the Eastgate Property shall each contain parking sufficient to accommodate all patrons,guests, invitees, employees, vendors and other visitors to such properties. The parking areas within the l �*; HomeBase Property shall always contain at least four and ninety-four one-hundredths(4.94) c7 parking spaces for so-called standard size American automobiles for each one thousand(1,000) square feet of floor area in the HomeBase Property, and driveways and footways incidentalCr thereto, or such greater number of spaces as may be required by any applicable governmental N regulation, code, special use or other zoning permit. The parking areas with the Outparcels shall always contain at least five(5)parking spaces for so-called standard size American automobiles, and driveways and footways incidental thereto, for each one thousand(1,000)square feet of floor area in such Outparcel, or such greater number of spaces as may be required by any applicable governmental regulation,code, special use or other zoning permit. As long as the Theatre Parcel is used to operate a cinema,the parking areas with the Theatre Parcel shall always contain at least one(I)parking space for every four(4) seats in the movie theatres located within the Theatre Parcel and driveways and footways incidental thereto, or such greater number of spaces as may be required by any applicable governmental regulation, code, special use or other zoning permit; provided, however, if applicable law permits one(1)parking space for more than four(4)seats in the theatres, then the parking within the Theatre Parcel may only be reduced to what applicable law permits if the reduction will result in no impact on parking within, or use of, the HomeBase Property. If the Theatre Parcel is used for retail(as opposed to movie theatres)then the parking areas within the Theatre Parcel shall always contain at least five(5) parking spaces for so-called standard size American automobiles, and driveways and footways incidental thereto. for each one thousand(1,000)square feet of floor area in such parcel, or such greater number of spaces as may be required by any applicable governmental regulation, code, special use or other zoning permit. 9611I6(X)9(X:1NEO/W887(1-i1I/(12 rice( EASEMENTS 10. Reciprocal Driveway Easement. In connection with the development of the HomeBase Property, the HomeBase Property Owner constructed a driveway which is located on both the HomeBase Property and the Eastgate Property and is shown on the Site Plan as, and herein called "Main Access Driveway." There is hereby granted and established to and for the benefit of the romeBase Property Owner and its invitees, agents, tenants, servants, visitors and licensees(collectively, the "HomeBase Permitted Users"), a perpetual non-exclusive easement appurtenant to the HomeBase Property for ingress to and egress from the HomeBase Property and for driveway use only, to pass over and through and use that portion of the Main Access Driveway located on the Eastgate Property. 1 There is hereby granted and established to and for the benefit of the Eastgate Property Owner and its invitees, agents, tenants, servants, visitors and licensees(collectively, the "Eastgate Permitted Users"), a perpetual non-exclusive easement appurtenant to the Eastgate Property for ingress to and egress from the Eastgate Property and for driveway use only, to pass over and through and use the portion of the Main Access Driveway located on the HomeBase Property; provided, however, that the Main Access Driveway may not be used by the Eastgate Permitted Users for construction access in connection with any development of or on the Eastgate Property or by the HomeBase Permitted Users for construction access in connection with any development of or on the HomeBase Property. C,) (7) The owner of the HomeBase Parcel shall at all times maintain the Main Access Driveway in good condition and good repair. CX) The Eastgate Property Owner shall at all times maintain, at its sole cost and expense, a commercial general liability insurance policy with a financially responsible insurance (JD company, covering the activities of the Eastgate Property YOwner, the Eastgate Property Owner's Cr) agents, contractors, subcontractors and employees, and the other Eastgate Permitted Users on or upon the Main Access Driveway. The endorsement to such insurance policy shall evidence that such insurance policy(a)shall have a per occurrence limit of not less than One Million Dollars ($1,000,000)and an aggregate limit of not less than Two Million Dollars($2,000,000),(b)shall name the HomeBase Property Owner and, so long as HomeBase or one of its affiliates, subsidiaries or its parent company has an interest in the HomeBase Property,Waban Inc., a Delaware corporation, as additional insureds, as their interest may appear, (c)shall be primary and noncontributing with any other insurance available to the HomeBase Property Owner or Waban Inc., (d)shall contain a full waiver of subrogation clause, and(e)shall cover the indemnity obligations of the Eastgate Property Owner set forth below in this Paragraph 10. The Eastgate Property Owner shall, from time to time, upon the request of the HomeBase Property Owner, deliver to the HomeBase Property Owner certificates of insurance evidencing its compliance with the insurance requirements of this Paragraph 10. The HomeBase Property Owner shall at all times maintain, at its sole cost and expense, a commercial general liability insurance policy with a financially responsible insurance company, covering the activities of the HomeBase Property Owner, the HomeBase Property -6- 9(t)1 t,o09()CIfMFO/W8t70-33I/02-06-96/ut E 1, • 0 Owner's agents, contractors, subcontractors and employees, and the other HomeBase Permitted Users on or upon the Main Access Driveway, the Service Drive and the"Sign Easement Area" (as defined in Paragraph 12 below). The endorsement to such insurance policy shall evidence that such insurance policy(a)shall have a per occurrence limit of not less than One Million Dollars [ ($1,000,000)and an aggregate limit of not less than Two Million Dollars($2,000,000), (b)shall name the Eastgate Property Owner as an additional insured, as its interest may appear, (c)shall be primary and noncontributing with any other insurance available to the Eastgate Property Owner, (d)shall contain a full waiver of subrogation clause, and(e)shall cover the indemnity obligations of the HomeBase Property Owner set forth below in this Paragraph 10. The HomeBase Property Owner shall, from time to time, upon the request of the Eastgate Property Owner, deliver to the Eastgate Property Owner certificates of insurance evidencing its compliance with the insurance requirements of this Paragraph 10. Notwithstanding anything to the contrary contained in this Paragraph 10, so long as the HomeBase Property Owner is HCWA Realty Corp., or any affiliate or subsidiary of Waban Inc., a Delaware corporation, or any successor thereto through merger, acquisition or otherwise, and so long as the HomeBase Property Owner or its parent has a net • worth of at least One Hundred Million Dollars($100,000,000), the insurance requirement of the HomeBase Property Owner contained in this Paragraph 10 may be satisfied by any plan of self- , insurance from time to time maintained by the HomeBase Property Owner or its parent. The Eastgate Property Owner agrees to and shall indemnify, defend(with counsel reasonably satisfactory to the HomeBase Property Owner)and hold harmless the HomeBase Property Owner and its respective employees, agents, representatives, subsidiaries, contractors, subcontractors and affiliates(collectively "HomeBase Property Driveway Indemnitees")from and against any and all Claims which any of the HomeBase Property Driveway Indemnitees may suffer C„) arising out of, relating to or in any way connected with the use and exercise of the Main Access �.� Driveway easement granted to the Eastgate Permitted Users as set forth in this Paragraph 10. CC The HomeBase Property Owner agrees to and shall indemnify, defend(with counsel reasonably satisfactory to the Eastgate Property Owner)and hold harmless the Eastgate Property Owner and • C its respective employees,agents, representatives, subsidiaries, contractors, subcontractors and C.� affiliates(collectively"Eastgate Property Driveway Indemnitees")from and against any and all Claims which any of the Eastgate Property Driveway Indemnitees may suffer arising out of, relating to or in any way connected with the use and exercise of the Main Access Driveway and the Service Drive easements and the signage easement granted to the HomeBase Property Owner and/or the HomeBase Permitted Users(as the case may be)pursuant to the easement grants set forth in Paragraph 10, Paragraph I 1 and Paragraph 12. For purposes of this Declaration, the term "Claims" shall mean any and all actions, suits, causes of action, and/or claims for bodily injury and/or property damage, costs and expenses, including, without limitation, reasonable attorneys' fees and costs. The Eastgate Property Owner may elect to carry a commercial general liability insurance policy covering the entire Main Access Driveway and meeting the requirements of the insurance policy and all other insurance requirements set forth in this Paragraph 10 above, for the benefit of both the Eastgate Property Owner and the HomeBase Property Owner. If the Eastgate Property Owner makes such election, it shall do so in writing and shall thereafter have the right to receive a reimbursement of one-half(l/2)the cost of the Main Access Driveway liability policy from the HomeBase Property Owner promptly upon delivery to the HomeBase Property Owner -7- 960I6009 GC I NEO/W8870.33I/02-06-96/cei i? of evidence of the payment of such premium; provided, however, that the HomeBase Property Owner shall have no obligation to pay more than Five Hundred Dollars($500.00) (US 1996 Dollars) per year for its share of the premium for such policy. 11. Service Drive Easement. In connection with the development of the Theatre Parcel, the Eastgate Property Owner shall be responsible for designing and constructing a service drive to be located at the rear of the Eastgate Theatre Parcel in the location depicted on the Site Plan. Such service drive is designated on the Site Plan as, and herein called "Service Drive." The Eastgate Property Owner shall construct the Service Drive in accordance with plans and specifications of the HomeBase Property Owner for the service drive on the HomeBase Parcel which have been previously provided; and the Eastgate Property Owner shall maintain the Service Drive, at its sole cost and expense, in good condition and in good repair. The Eastgate Property Owner shall be entitled to receive from the HomeBase Property Owner upon completion of the Service Drive an amount ("Increased Amount")not to exceed Ten Thousand Dollars ($10,000)toward the cost of the initial installation of the Service Drive. The Increased Amount represents the incremental increase in the cost of the Service Drive to construct in accordance 1 I with plans of the HomeBase Property Owner rather than the Eastgate Property Owner's standard plans. The Eastgate Property Owner hereby grants for the benefit of the HomeBase Property C9') Owner, its tenants, subtenants, agents, contractors, subcontractors and employees, a perpetual non-exclusive easement appurtenant to the HomeBase Property to be used solely for the purpose (Z of allowing service vehicles, including trucks, to pass over and through the Service Drive as a means of access to and from Lind Avenue. 12. Pylon Sign Easement. The Eastgate Property Owner hereby grants to the HomeBase Property Owner an easement appurtenant to the HomeBase Property for signage purposes over the portion of the Eastgate Property designated on the Site Plan as "Sign Easement Area" to maintain an existing pylon sign and all systems necessary for its operation. The Eastgate Property Owner shall have no rights to use such sign or any replacement sign. The HomeBase Property Owner shall maintain the sign in compliance with applicable laws, and cannot increase it in height or width without the consent of the Eastgate Property Owner. This easement shall continue for the term of this Declaration and for so long afterwards as such easement is utilized for the above-described purposes. MISCELLANEOUS 13. Constructive Notice and Acceptance. Every person or entity who now or hereafter owns or acquires any right, title, or interest in, or to any portion of the HomeBase Property, or the Eastgate Property is, and shall be, conclusively deemed to have consented and agreed to every covenant, condition, restriction ana easement contained herein, whether or not any reference to this Declaration is contained in th,!instrument by which such person acquired such interest. 14. Duration of Declaration. This Declaration shall continue in full force and 4. effect for sixty(60)years and is binding on all owners and occupants of the HomeBase Property and the Eastgate Property; provided, however, that all easements granted in this Declaration shall 'I �a n 96016009 CC 1/MEO/w8870-33 I/02-&6-46/cef '{ continue in perpetuity except for the sign easement which shall have a term as set forth in Paragraph 12. 15. Amendment to this Declaration. This Declaration may not be amended to modify or eliminate the covenants, conditions or restrictions contained herein without the prior written approval of the owner of the HomeBase Parcel,and the owner of the Theatre Parcel and any attempt to do so shall be void and have no effect. 16. No Covenant to Operate. Nothing contained herein shall be construed to be a covenant to operate or to do business within the Shopping Center and the parties expressly disclaim any such duty. 17. Severability. Every provision of this Declaration is intended to be severable. If any term or provision hereof is declared by a court of competent jurisdiction to be illegal or invalid, such illegal or invalid term or provision shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 18. Captions. Any captions to or headings of sections of this Declaration are solely for convenience, are not a part of this Declaration, and shall not be used for the Cr)Cin interpretation of or determination of the validity of this Decla,ation or any provision hereof.t") 19. Release from Liability. A person or entity shall be bound by this • Declaration only during the period such person or entity is the fee or leasehold owner of any 1p property which is subject to this Declaration, except as to obligations, liabilities and responsibilities that accrue during said period. Although persons or entities may be released under CD this paragraph, the covenants and restrictions in this Declaration shall continue to be benefits to 47) and servitudes upon said property running with the land. 20. Notices. Any notice,request, demand,instruction or other communication required by this Declaration to be given to any owner, including,but not limited to, a notice of assessment, shall be in writing and shall be either(a)personally delivered by a commercial messenger service.regularly retaining receipts for such delivery, (b)sent by registered or certified mail, return receipt requested, or(c)delivered by the air courier services known as Federal Express, Express Mail, Airborne, or Emery Air, and such notice shall be effective upon delivery thereof to the owner being given notice, and shall be addressed to the owners as listed below(or their successors or assigns as may be reported in writing in accordance with this paragraph): To Eastgate Property Owner Eastgate Theatre, Inc. do Act III Theatres 919 S.W. Tailor, Suite 900 Portland, Oregon 97205 Attention: Mr. Walt Aman, President Telephone: (503)221-0213 Telecopy: (5(3)228-5032 -9- 96016)09 OC 1/MEO,W 8870-3 3 1/02-06-96/cef • • To HomeBase Property Owner HomeBase 3345 Michelson Irvine, California 92715 Attention: Vice President Real Estate Telephone: (714)442-5000 Facsimile: (714)442-5120 With a copy to: Waban One Mercer Road • Natick, Massachusetts 01760 Attention: Vice President - General Counsel Telephone: (508)651-6500 Facsimile: (508)651-6623 If an owner desires to change its address for the purpose of receipt of notice, such notice or change of address shall be given in the manner specified herein. However, unless and until such written notice of change is actually received, the last address and addressee as stated by written notice, or provided herein if no written notice or change has been received, shall be deemed to continue in effect for all purposes hereunder. v 21. Breach Shall Not Permit Termination:Notice and Cure Rights. It is expressly agreed that no breach of this Declaration shall entitle any owner to cancel, rescind, or otherwise terminate this Declaration, and such limitations shall not affect in any manner any of the C rights or remedies which the owners may have by reason of any breach of this Declaration. No owner shall be deemed in breach of this Declaration unless and until such owner shall have 47) received notice of such breach and thirty(30)days shall have elapsed after such notice without the cure of such breach having been completed. 22. Self-Help Rights. Upon the failure by an owner to observe or perform any of the covenants or provisions of this Declaration to be observed or performed by such owner, where such failure shall continue for a period of thirty(30)days after written notice from a non- breaching owner to the breaching owner of such failure, an owner may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of the breaching owner, and any amount paid or any contractual liability incurred by the non-breaching owner in so doing shall be deemed paid or incurred for the account of the breaching owner, and the breaching owner shall reimburse the curing owner for the cost of cure; provided that an owner may cure any such default as aforesaid prior to the expiration of said thirty-day period but after notice to the broaching owner, if the curing of such default prior to the expiration of said thirty-day period is reasonably necessary to prevent injury or damage to persons or property. 23. Breach - Effect on Mortgagee and Right to Cure. Breach of any of the covenants or restrictions contained in this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust("Mortgage")made in good faith, but all of the foregoing provisions, restrictions, and covenants shall be binding and effective against any owner of any portion of the Shopping Center, or any part thereof, who acquires title by foreclosure or trustee's -lo- 9n(i16111)9()Cl/MEO,'W R70-331/02-06-96/eel sale or by deed in lieu of foreclosure. Notwithstanding any other provision in this Declaration for notices of default, the Mortgagee of any owner in default hereunder shall be entitled to notice of said default, in the same manner that other notices are required to be given under this Declaration; provided, however, that said Mortgagee shall have, prior to the time of the default, notified the owner giving said notice of default of the Mortgagee's interest and mailing address. In the event that any notice shall be given of the default of an owner and such defaulting owner has failed to cure or commence to cure such default as provided in this Declaration then and in that event the owner giving such notice of default covenants to give such Mortgagee(which has previously given the above stated notice to such owner)under any Mortgage affecting the Parcel of the defaulting owner an additional notice given in the manner provided above, that the defaulting owner has failed to cure such default and such Mortgagee shall have thirty(30)days after said additional notice to cure any such default, or, if such default cannot be cured within thirty(30) days, diligently to commence curing within such time and diligently pursue such cure to completion within a reasonable time thereafter. Giving of any notice of default or the failure to deliver a copy to any Mortgagee shall in no event create any liability on the part of the owner so declaring a default. (.7) 24. No Partnership. Neither this Declaration nor any acts of the owners shall Cr) be deemed or construed by the parties hereto, or any of them, or by any third person, to create the relationshipof principal and agent, or of partnership, or of joint venture, or of anyassociation P P g P P. J Cbetween any of the owners to this Declaration. . N 25. Governing Law. This Declaration and the obligations of the owners CD hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State of Washington. 26. Consent. In any instance in which any owner shall be requested to consent to or approve of any matter with respect to which such consent or approval is required by any of the provisions of this Declaration, such consent or approval or disapproval shall be given in writing. 27. Estoppel Certificate. Each owner hereby covenants that within a reasonable period after written request of any other owner, it will issue to such other owner or to any prospective Mortgagee, or purchaser of such owner's parcel an estoppel certificate stating: (a) whether the owner to whom the request has been directed knows of any default under this Declaration and if there are known defaults specifying the nature thereof; (b)whether to its knowledge this Declaration has been modified or amended in any way(and if it has, then stating the nature thereof); and(c)whether to the owner's knowledge this Declaration as of that date is in full force and effect. 28. Waiver of Default. No waiver of any default by any owner shall be implied from any omission by any other owner to take anyaction in respect of such default if such default continues or is repeated. No express written waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more written waivers of any default in the performance of any term, provision or covenant contained in this Declaration shall not be deemed to be a waiver of any subsequent -1I- 96016009 OC I IMEO/W 8870-331/02-06-96/cef default in the performance of the same term, provision or covenant or any other term, provision or covenant contained in this Declaration. The consent or approval by any owner to or of any act or request by any other owner requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any owner by this Declaration shall be deemed to be cumulative and no exercise of any one of such rights or remedies shall be exclusive of any of the others, or any other right or remedy at law or in equity which any such owner might otherwise have by virtue of a default under this Declaration, and the exercise of one such right or remedy by any such owner shall not impair such owner's standing to exercise any other right or remedy. 29. Counterparts. This Declaration may be signed in multiple counterparts each of which shall be deemed an original and which when signed by all parties, shall constitute a binding agreement. 30. Annexation Parcel. If Eastgate or any person or entity controlling, controlled by or affiliated with Eastgate acquires all or any part of the"Annexation Parcel"which is delineated on the Site Plan and is legally described on Exhibit "D" attached hereto by this reference incorporated herein("Annexation Parcel"),the Annexation Parcel shall be automatically annexed hereto, making the Annexation Parcel subject to each of the terms and conditions of this Declaration and benefitted by the easements appurtenant to the Eastgate Property. Thereupon, • the Annexation Parcel shall be deemed to be an "Outparcel" for purposes of this Declaration and shall be part of the Shopping Center. ("1 H 31. Deannexed Parcel. If, as part of Eastgate's acquisition of the Annexation Parcel, Eastgate conveys title to the "Corner Parcel" labeled as such and shown on the Site Plan, then the Corner Parcel shall be automatically deannexed from this Declaration and shall no longer be subject to the terms of this Declaration and shall no longer benefit from any easements herein • v) granted, all such easements being terminated upon Eastgate's acquisition of the Annexation Parcel. QUITCLAIM 32. Ouitclaim of Parking Easements. The HomeBase Property Owner and the Eastgate Property Owner hereby acknowledge and agree that the parking area within their respective property shall be sufficient to service all parking needs of the improvements within their respective property and that they intend that no parking easements whatsoever over either the HomeBase Property or the Eastgate Property shall exist. To carry out that intention HomeBase hereby quitclaims to Eastgate those certain parking easements over the Eastgate Property which were created in Article 4, Section 4.1 entitled "Grant of Easements" for the parking of motor vehicles in that certain Reciprocal Easement Agreement with Covenants, Conditions and Restrictions recorded June 30, 1992 as Instrument No. 9206302702("REA"); and Eastgate hereby quitclaims to HomeBase those certain parking easements over the HomeBase Property which were created in Article 4, Section 4.1 entitled "Grant of Easements" as relates to easements for the parking of motor vehicles in the REA. This quitclaim shall not affect the other easement grants contained in Article 4 of the REA. The parties agree that if separate quitclaim deeds are -i2_ vni)16(X)9OCI,' EO/W8870-331/02-o6-96/cef required to legally effectuate the conveyance described in this Paragraph 32, they will so execute such separate quitclaim deeds to carry out the purpose described above. 33. Related Agreement. Substantially concurrently herewith, Eastgate and HomeBase have executed and recorded a First Amendment to Reciprocal Easement Agreement which amends a Reciprocal Easement Agreement with Covenants, Conditions and Restrictions dated June 30, 1992, recorded in the Official Records of King County, Washington, under Fee No. 9206302702(such agreement and amendment being herein referred to as"REA"). The parties hereto acknowledge that some provisions in this Declaration conflict with or are inconsistent with the REA and some provisions are more burdensome than similar provisions in the REA. The parties hereto agree that although the REA is in force and effect, those provisions in this Declaration which are inconsistent with, conflict with or are more burdensome to a party than provisions in the REA(including, without limitation, Paragraph 7 and Paragraph 9)shall supersede, control and prevail over any provisions of the REA addressing the same subject matter. /// Cin /// C', /// • 0 1 0 La gI 9 fr' 1 -13- 96016009.00 1f EO/W8870-331/02-06-96/cef / IN WITNESS WHEREOF,the under.'.. . have executed this Declaration as of the date first set forth above. "EASTGATE" EAS • I ATRE, INC., Oregon B : Ai AA Narn.TAZICZO Title: "HOIEBASE" HCWA REALTY CORP., a Washington corporation By: Name: Title: By: Name: Title: 0) nt CD • -I�- 96016009OCl/MEO/W8 70-331/02-06-96/cc1 IN WITNESS WHEREOF,the undersigned have executed this Declaration as of the date first set forth above. "EASTGATE" EASTGATE THEATRE, INC., an Oregon corporation By: Name: Title: * "HOMEBASE" HCWA REALTY CORP., a Washington corporation , By: Name: Edward J.W rger Title: Senior Vice P !dent By: ,gyp Name: rt(iur T. Silk, Jr_ Title: Authorized Signatory co _14- 96()I 6009 OC 1/MEO/W 8g7(1-33 I/02-06-96/cef COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF MIDDLESEX ) On Plilµ,,r,µt 1 199 I► , before me, E. a Notary Public in and for said state, personally appeared Edward J.Weisberger, p sonally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the ►•., his/her authorized capacity, and that by his/her signature on the instrument, the per j4...' ' entity upon behalf of which the person acted, executed the instrument. Q ' '• e.;. r�,� • WITNESS my hand and official seal. LAJRIE E a"_ry N�!�ry Pubic Notary Public in and for said State ':,�) �• ��/ • t; ,/ My C3mm!s3:cn £ rs uat;cT.Ctr 30, 1939 C" C,, COMMONWEALTH OF MASSACHUSETTS ) O ) COUNTY OF MIDDLESEX ) Ca On fAbM1, 1,tel3r , before me, ,,,;, c, , a Notary Public in and for said state,personally appeared_ Arthur T. Silk Jr , rsonally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument,the person, or the entity upon behalf of which the person acted,executed the instrument. BEY WITNESS my hand and official seal. 14 acuov.izs_ Aus_Ajiw I!, - pry N-!".,r;P blic Notary Public in and for said State j�: ' if .._..• ..... 3u, 1909 i. �••, a _15_ 96016'x)9 OC I/MEO/W8870-331/02•O6-96/cef • a • STATE OF b (V ) COUNTY OF (V 0l.'r I ss. On Fee4) 7 1 4before me, iFiOk eyon) c a Notary Public in and for said state ersonall a earedY PP W. 5. �rV1 , personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity,and that by his/her signature on the instru nt, e p son, or the entity upon behalf of which the person acted executed the instru ent WITNESS my hand and o; ' al se . 011ibligritikati.- oFFw7usEAt. No . ' blic in an. or said State '�,�a�,,,"f•� JACKIE WILKES 8 °MYCOMMlSStO•' '.( ,Erxj6 CS I.A] STATE OF ) ) ss. 0) COUNTY OF On ,before me, , a Nothry Public in and for said state, personally appeared , personally ® known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name LD is subscribed to the within instrument and acknowledged to me that he/she executed the same in a) his/her authorized capacity, and that by his/her signature on the instrument,the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State -➢6- 96016009 OC I/MEO/W8870-331/02-06-96/cef EXHIBIT"A" LEGAL DESCRIPTION OF HOME-:ASE PROPERTY LCT 2 OP BURLINGTON NORTHERN BINDING SITE PLAN (BSP-014-92), PER MAP RECORDED IN VOLUME 161 OF PLATS, PAGES 8 THROUGH 11 INCLUSIVE, UNDER RECORDING NO. 9206302696, RECORDS OF KING COUNTY, WASHINGTON; TCGETHER WITH THAT PORTION OP LOT 3 OF SAID BINDING SITE PLAN, LYING NORTH OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 3 THAT IS 23.80 FEET SCUTH OF THE NORTHEAST CORNER OF LOT 3 OF SAID BINDING SITE PLAN; TEENCE NORTH 88 DEGREES 09 MINUTES 51 SECONDS WEST A DISTANCE OF 875.52 FEET, MORE OR LESS TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION, SAID POINT OF TERMINUS BRING 80.88 FEET SCUTH OF THE ORIGINAL NORTHWEST CORNER OF LOT 3; (ALSO KNOWN AS (NEW) LOT 2 OF LOT LINE ADJUSTMENT MAP RECORDED UNDER KING COUNTY RECORDING NO. 9511299006) ; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. c r9 vI cr O LO :n p f EXHIBIT °A" 9M)16:109.CC i/1,4EO/Wzy 870-3 3 l/02-05-95/cef 1 1 b .N • EXHIBIT"B" ±1a 4. LEGAL DESCRIPTION OF EASTGATE PROPERTY 1 LOT 3 OF BURLINGTON NORTHERN BINDING SITE PLAN (BSP-014-92) , PER MAP RECORDED IN VOLUME 161 OF PLATS, PAGES 8 THROUGH 11 INCLUSIVE, UNDER RECORDING NO. 9206302696, RECORDS OF KING COUNTY; EXCEPT THAT PORTION OF LOT 3 OF SAID BINDING SITE PLAN, LYING NORTH OF x A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 3 THAT IS 23.80 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 3 OF SAID BINDING SITE PLAN; THENCE NORTH 88.09'51" WEST A DISTANCE OF 875.52 FEET, MORE OR LESS TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 AND THE TERMINUS OF THIS DESCRIPTION, SAID POINT OF TERMINUS BEING 80.88 FEET SOUTH OF THE ORIGINAL NORTHWEST CORNER OF LOT 3; ALSO KNONW AS (NEW) LOT 3 OF LOT LINE ADJUSTMENT MAP RECORDED UNDER KING COUNTY RECORDING Nv. 9511299006) ; fa SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. e 0, NI ) P j f! t 1 M N i. ij EXHIBIT "E" 96016009 OC 1 TMEO/W 8870-3 31/02-06-96/cef Y EXHIBIT"C" SITE PLAN [To be provided] 111, 1-4 GO O tit . O CD a EXHIBIT "C" 96016009 OC UMEEO/W 8870-331/02-06-96/cef /jj S602081338 /4/0•1-13GO -/ 2 {erg • M01Yt T'O. -IOW /r M017SUDSp0.t-SUDS • • ♦ • . ikiii th..,___MMII1.. ..,kAllgiWAIIr r rA . 'ram.ow01n-9wourrcla--s.s.„• t6. -f1igL1,.ba .��� A '�• i 11 M0110•rt-200• - t LS14K", \ vti ra' I . 1 - :Ier- % „. i, _NIr a -L LEGEND rAmmewrounawnwANNErAmer _ _ _ - _ - , Ma HOMEBASE PARCEL 1.1*41--tiAN - _ _ _ _ _ II® THEATRE PARCEL s® OUTPARCELS (INCLUDES CORNER _ _ OUTPARCEL AND OTHER N�77br1._I.x t r i• 1 li... .: ' — — - - OUTPAR ix - - ® CORNER OUTPA• _ RCE' _j _1 .i . r 1- I- ® ANNEXATION PARC; qft� - - - (ONCE ANNEXED IS DEEMED AN �t:..r.. .I .ram ':� r�L:.-�� -, • - ####r y1 r�'IYi'�'�iilii►+ :-Er __ :' ' "� I i 4 _I r.. OUTPARCEL PER PARAGRAPH i POP... i trrj •;1�tn0'Pr`!eeAt► >irriritrt ifs- �`Wi1lI AIRS! tl INPM./t-XIV _ :won-=Er L— EXHIBIT "C" - PAGE 1 OF 3 EAST VALLEY HIGHWAY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS • SECTION 30, TWP. 23 N., R. 5 E., W11. CITY OF RENTON, WASHINGTON HDA Horton Donnie 1 Asso6atos, Inc. erlwlr,�[N+n.MN,n.N1wt4—a•N...�. MUMS ra1NNmM W-m UMW DAIL 1 HOA JOB NO. 9568.10 OYMt CALL r_MO 1-7— M° 1 R190M n rv.a I au immix LaN. �T1 ".. SHEET: 1 OF: 3 /// ,/,.// /�j/ 9602091338 / '/ - on-,mm ... : • '' 7.,ryas -- --- 411i. i i� „aacoa c-,az1r weren't-wixk • ■.w10 AIIIIIIKVII31111111111111111111111111111;•�1 I I l�11 02Y 1 • rm x,n-MOO _ —� 1\I . I i w s i , 1 -1111llb d111I1iuii1, ;s•i - .- _ �\:: - ® - C LEGEND I- ,o,mtilt- ` — cQ� CO mar _ •. r 0 MAIN ACCESS DRIVEWAY T minion-our w---3 - .-mar i _ _ _ _ ® SERVICE DRIVE -E OM SIGN EASEMENT AREA "m -� - -mro.t_um - ma.t-mot J t I>nTT�UTT111T111T('U . ?� - itu 8 Ilfl 11I U.1L I1 l u I S''iii : — aw r1199r►Mu EXHIBIT "C"-PAGE 2 OF 3 EAST VALLEY HIGHWAY DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS SECTION 30, TAP. 23 N., R. 5 E. WM. CITY OF RENTON, WASHINGTON IHoo Horton Donnie 1 Associates, Inc. a."..,... 1am.r..rao,p, �n-sa maim °ME 1/23/11 HDA JOB NO. S565.10 i Dt *CAA r.us a Li uA I M0 1.,________ . MIM' ar 1.Y.R. w om+c m, ear wi wr:at a,N/rwoc+a1 SHEET: 2 OF: 3 1 . t _ _ r nor i // / 9602061398 /NpIWor(-I303.1 J.r r I �ebI�° r _ L}Irbnllibillni I. I. ,. - . 0.iO4T31- L.na37 t_I� r 4 • ..son-moo 1 \\ :::: I- — = �71�i61•��6!•i�lii I \\ • w Jill J I1I1I1I3r 'MIMIMIMI! 111,,,�� W d — ® =: 0 ___ LEGEND ~ ro,7rirt-mats CO _ r' — 1� BUILDING ENVELOPE wnw .ar,ru-iw = ' s — It ® r t ra,r..-g_ i - - coI fit C ' 3Li, im : Y EXHIBIT 'Cr — PAGE 3 OF 3 EAST VALLEY HIGHWAY DECLARATION OF COVENANTS. yanotaw Pf1hMtemotC ai1N11y(.mamas MMus CONDITIONS AND RESTRICTIONS • BUILDING ON THEATRE PARCEL 34M SO. FT.: F saw:UM IS AND GRANT OF EASEMENTS CHANGED TO RETAIL USE: .2000 SG. FT. • IN BUILDG ON NOYEBASE PARCEL_111,640 so.FT. SECTION 30, TAP. 23 N.. R. 5 E., VAA. BUILDING(S) ON OUWARCELS 6.000 SIFT EACH (INCLUDING� ANNEXED1� CITY OF RENTON. WASHINGTON HMIHorton D.nnis & Associates, Inc. CUOMO.P.r.wN 0-OD OEM@ WE 'R3/10 HDA JOB NO. 9568.10 Pint a:1W 1•.,p NO MUM I n uott I 0414 *Coot aa3l ILE ax "0 SHEET: 3 OF: 3 l EXHIBIT~D~ LEGAL DESCRIPTION OF ANNEXATION PROPERTY Lot 6 BURLINGTON NORTHERN,A BINDING SITE PLAN(BSP-014-92), According to City of Renton Binding Site Plan Map Recorded June 30, 1992 in Volume 161 of Phis,Pages 8-11 inclusive,As King County Recording No.9206302696. o • 0 D • ZXHIT3 IT 960160039& 33arC12 . s WHEN RECORDED RETURN TO: —Prnieu: ACI Li r Theater Office of me City Clerk - EASEMENT e s - ZOO?4 /Wept= Building Orlmar(,)N,m -thy Reed• VP zoa MD Avooue South [Sidewalk] Rework WA98055 STR: SFr '113 R, 11-23-5_ sttr^ ^'Intersection EAst > CS • Valley Hghway.j. SW 41st ST. ` `P Ei Grantor, EASTGATE THEATRE, INC. , g for and in consideration of Ten Dollars 510.00)and other valuable consideration the receipt of which is hereby 8 t acknowledged_does by these presents,grant,unto the City of Renton, a Municipal Corporation,Grantee herein, $ 7 s its successors and assigns, au easement for public purposes with necessary appurtenances over,under,through, 3 ' across and upon the following described real estate,for Right-of-Way purposes,sin'ared in the County of King, = m State of Washington: As Shown On Attached Exhibit A t For the purpose of constructing,reconstructing,installing repairuag, replacing,and maims a public Right-of F 1 Way. This easement shall nun with the land described herein,'and shall be binding upon the parties,their heirs, % 1 jsuccessors in interest and assigns from date hereof. r 1' This easement shall run with the land described herein.and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and ,: that they have a good,and lawful right to execute this agreement. IN WFTNESS WHEREOF, said Grantor has caused this instrument to he executed this ?'.i'day l9 9 4 of ��71�••.,. dam- , � i t Crl 0 App ved and By: et.j ) f d, s - >te• T1 Q ;, e'4 City of enton K CPI � r C � BY: • ` �J ')74 ;°—*/ Its: M or .. � /C'P r 0 ' oK C) rn I. City Clerk • = t o r ; INDIVIDUAL FORM OF ACKRTOWT gnora T kvar/7 ];W— ; N 1 STATE OF O •,Q�tJ ) 3C, cp —=c ) SS cn I CO "v OF 8-rnu•4-N" A# ) I certify I know or have satidacta denser 1 n is the person who appeared before me and said person.-•.•wledged that(he/she)si.: • this instrument and acknowledged it to be(his/her)free and voluntary act for the uses and • •ores mentioned in the•I •• .4 nt . k • Dated e..1 'e m• CO f qq(e � \ , "glikairVIIL T Notary .•.lit In and for the State k 4. h r A ,p. o f `c residing at SAS St (.c k{as O..* •< 0.� �• M1yTYiI:f�JG�:•f. :: '.•r:`ra Notary(print): :ta --ND . it lOr �4 ( [Jf,,,,,,,g,�,, -� y appointment e Cp �� t l ' oZ D�7C7 y MY COMMIaEICN EXP'Rz5 APRs!\i7.2))0 •• REPRESENTAT 'E FORM OF ACt4NOWLEDOMEN fl,. lipirSTATE OF WASHINGTON ) ASS ' COUNTY OF KING ) - I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the insuumen[. Dated • Notary Public in and for the State g iof Washington residing at Notary(print): My appointment expires: ORe c oLS CORPORATE FORME OF ACKVO WLEDOMENT: STATE OF VY r rTOI ) r. • COUNTY OF I y11aI+1.5t )SS _ On this (o day of 19 9o,before me personally appearedd�1'}'1 c�.— to me known to be j l.Csg 01` lk- of the corporation that executed the wi insm,tnent, and acknowledge the said s�inument to 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 anthnri7ed to execute sari instrument d the the seal affixed is the corporate seal of said corporation. ,: 4L` OFFICIALS-B SYj�� SANDRA MAR WRITE Notary hlic in and for the State of W2c ;ngt� Ora I .,V NO A-.Y PUBLIC•C'riicoN Notary ) 9 r Y'1 A lie 1�134 -ITT._ • 1 c ommisstort NO.e:;a t ea My appptt tent expires ( e ! 12t�DD i MY CCI AIISSiON E�pPEs Ami.f 7,2000 3 1 It 43 V3 ii: • __�.�.M wow I. Horton Dennis&Associates, Inc. HDA Consulting Engineers,Planners& Surveyors EXHIBIT A SIDEWALK EASEMENT LEGAL DESCRIPTION THE SOUTH AND EAST 15.00 FEET, AS MEASURED PERPENDICULAR TO THE SOUTH AND-EAST LINES OF LOT 3, CITY OF' .ENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS AT PAGE 180, UNDER RECORDING NO. 9511299006, RECORDS OF KING COUNTY, WASHINGTON. SAID LOT 3 BEING A PORTION OF SECTIONS 30 AND 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, W ILLAMETTE MERIDIAN. G. a' Sy V • f NA. fri . '. !. ` q ��1h 171372 r t �., VracPrEs a/zs/ 7 f, I f 320 Second Avenue South, Kirkland, Washington 98033, Phone (206) 822-2525, Fax (206) 822-8758 Kirkland 0 Wenatchee ® Burien _ fs— _...WWI% _ ----- t • V?HEN RECORDED RETURN TO: Office of the City Clerk Utilities Project File li ACr 1r/ /tz n7-E•V- Renton Municipal Building 200 Mill Avenue South EASEMENT Pared Tax Account M's 12536-0030 `? Renton,WA 98055 Grintor(s)Nome Ti onthy Reed, V.P P. RTS9 SPr.„,_30 & 31-23-5 E. Ka.11ey II • ,ESw 4/sr Sfrre THIS INSTRUMENT,made this day of —5*7f',..-'6VO"` 19 9,e f S by and between EASTGATE THEATRE, INC. and x , tieax p.m,oe type Cm...C.0 hisr.C,>i z-• i j and n • 1 1 and i c t and .0 f 1 1 N hereinafter called"Grantor(s),'and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called'Grantee." in That said Grantor(s),for and in consideration of the sum of$ Z 4 paid by Grantee, and other valuable consideration,receipt of which is hereby acknowledged, do by n, these presents,grant,bargain,sell,convey,and warra4 is unto the said Grantee, its successors and § assigns, an casement for public utilities(including wati&r,wastewater, and surface water)with necessary appurtenances over, under, through, across and upon the following described property(the eight-of- way)in King County,Washington,more particularly described as follows: I • See Attached Exhibit "A" • d' 2 ta.f = c: to i. Qo Q cn t • • cocurct,-t FORM APPROVED BY Utilities Easement n±ri1AL CITY ATTORNEY�2/ 1992 Sheet t of2 13 PROPERTY MGw r cSon„yPtaP..y;<ntla�t�t.t tttrtti'DOCJbst S i. .- .4.-" . .- . _ For the purpose of constructing,reconstructing, installing, repairing, replacing,enlarging,operating and maintaining utilities and utility pipelines, including, but not limited to,water, sewer and storm drainage , lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefore. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may t require. This easement is granted subject to the following terms and conditions: I. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: r a. Erect or maintain any buildings or structures within the easement;or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be'placed within the easement by the Grantee;or c. Develop, landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compactio'n or unearth Grantee's facilitiek on the right-of-way,or endanger the lateral support facilities. CD e. Blast within fifteen(15)feet of the right-of-way. • d' *•4 This racment shall rim with the land described herein,and shall be binding upon the parties,their heirs. COsuccessors in interest and assigns. Grantors covenant that they are the lawful owners of the above 05 properties and that they have a good and lawful rightto execute this agreement. i0 Signatures of Grantors: $ .r) a f ,, / �•-e ..c and iri , r `_ and r /� a X.o /1. 4:2 and ' t / and ' X °recto tJ gialuiserralvz FORM OF jICKNO W1.EDGMFZ T • STATE OF W241.131t134 ) SS e COUNTY OF ONG f 11 uSire4..) I certify that I know or have satisfactory evidence that 1 tYYZ '.ck. signed this instrument, on oat stated the/she/ ay /were authorized to xecute the trument and acknowledged it as the V'C.e of l .-I . 1 ii De the free and voluntary act of such party/parties for the uses and purposes mentioned in the instru.r lent. 1, Dated CI\\ta\Rte � ... Notary ' : • 'e in and for the State of r •fnt_71 PE iding atSTigS St. 1..0:`c45 '* . Notary(print): S4&1 2i4 YhA,g._ L.04j-rt-e. My appointment expires: 1 p PLR,. I 12 boo Utilities Eastment Sheet 2od2 Corporate Form rfomv/pecpa,grmJ dm V t irturt no c,±1 • • ,'' �`•••••`•••,,•'"""„",' Horton Dennis&Associates,Inc. G. Mtn y' • HDA r5 i r } Consulting Engineers,Planners& Surveyors p EXHIBIT A wins 4/26/ q7 `` WATER LINE EASEMENT 1 LEGAL DESCRIPTION THAT PORTION OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS AT PAGE 180 UNDER RECORDING NO. 9511299006 RECORDS OF KING COUNTY, WitaHINGTON,LYING WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE NORTH 88°09'51" WEST ALONG THE NORTH LINE THEREOF 748.05 FEET; THENCE SOUTH ,.. 01°50'09" WEST 20.00 FEET TO A POINT ON THE SOUTH LINE OF THAT CERTAIN 15.00 FOOT WIDE WATER LINE EASEIANT AS SHOWN ON SAID LOT LINE 1 ADJUSTMENT MAP AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH cr 01°50'09" WEST 10.56 FEET; THENCE SOUTH 43°09'51" EAST 36.30 FEET; THENCE 4 SOUTH 01°50'09" WEST 305.92 FEET TO POINT "A"; THENCE CONTINUING SOUTH I 01°50'09" WEST 78.86 FEET; THENCE SOUTH 43°09'51" EAST 19.21 FEET; THENCE r to SOUTH 88°09'5I" EAST 172.06 FEET TO PAINT "B"; THENCE CONTINUING SOUTH 011 CO 88°09'51" EAST 70.59 FEET TO POINT "C"; THENCE CONTINUING SOUTH 88°09'51" EAST 140.53 FEET; THENCE SOUTH 43°09'5.1" EAST 23.28 FEET; THENCE SOUTH 01°50'12" WEST 334.43 FEET TO THE NORTH MARGIN OF SW 41st STREET AND THE TERMINUS OF THIS LINE DESCRIPTION. s ALSO BEGINNING AT SAID POINT "A"; THENCE NORTH 88°09'51" WEST ALONG THE CENTERLINE OF A 15.00 FOOT WIDE STRIP 29.50 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT "B"; THENCE NORTH 01°50'09" EAST ALONG THE CENTERLINE OF A 25.00 FOOT WIDE STRIP 35.83 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. ALSO BEGINNING AT SAID POINT "C"; THENCE SOUTH 01°50'09" WEST ALONG THE CENTERLINE OF A 15.00 FOOT WIDE STRIP 32.50 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. THE SIDE LINES OF SAID 15.00 AND 25.00 FOOT WIDE STRIPS TO LENGTHEN OR SHORTEN AS NECESSARY TO TERMINATE ON SAID EASEMENT, ROAD OR AT RIGHT ANGLES FROM SAID POINT OF TERMINUS AS APPROPRIATE. ALL THE ABOVE LOCATED IN SECTIONS 30 AND 31, TOWNSHIP 23 NORTH, RANGE } 5 EAST, WILLAME I'IE MERIDIAN, KING COUNTY, WASHINGTON. 320 Second Avenue South, Kirkland, Washington 98033, Phone (206) 822-2525, Fax (206) 822-8758 Kirkland " Wenatchee ° Barlett rib 4 i i•1 ' • 111 i.r.ni r I um.m e 1 • w ., .. 1 I I e::, •. . ! 1 jir: i _ la ../•••••••••••••••••••• -. wommammim. 1 [1:11•1 as I ,.1 PI I-6_....'. :. _ .._—_.... _.� 'I1I i II - �� --1 I 11—,1 --- - 1 c.itic:az::<r::u•ro..ir.:;i:us..mac.:... 1',f,:;'' --~^ � S.W. 41 ST STREET Minn*MO EASEMENT SKETCH FOR ACT III THEATERS . _. . . _______ . _ _._._._. _ . . . -SCALE: 1" — 100' 3'' - • } ACT III Theater � WHEN RECORDED RETURN To: Tj,ANDS PRESERVATION: X Office of the City Clerk pm: I25360-0030 ; w,.: Renton Municipal Building AND MONITORING EASEMENT �ror:jimothy Reed.,UP 200 Mill Avenue South Keaton,WA 98055 sTx: sec. 30 & 31-23-5 k etre.t• intersection: E E. Vail ey Hwy & SW.41st Street t Grantor, EASTGATE THEATRE, INC. and (Pkee•Pew a hypo Oradocrul tues.(01 and , for and in consideration of mutual benefits hereby grants and conveys to the City of Renton, a Municipal Corporation, Grantee herein, an easement for the purpose of monitoring wetland areas, including the right of j ingress and egress, over, across, and through the following described real estate situated in the County of King, State of Washington: t See Attached Exhibit"A"for Legal Description 1 i EL, W rrE 1 G ,; rn d' -, • CD x T — a 1 s: _ _ = tab --I co 1 CI ._0 Co � Hi Di WITNESS WHEREOF,this instrument is executed this day of�.l, 71o,.,.�6a o.- , 19 . 4 CI Appro ed and Accept By: - CJ g City of on BY: M Its: May i .e. A! ,,,, t,,e_ City erk. Glr i , f 4. 3 8 3 ravesxTY Mom% 3 3 at kl • INDIVIDUAL FORM OF ADEN O WLEDGMENT STA OF otu ) COUNTY OF i4 t.7atr1at,) I c 'fy that I know or have evidence that 1,v" 4 is the person who appeared before me, and : :• person acknowledged that(he/ this instrument and acknowledged it to be(his/her)free and voluntary act for i uses and purposes mentioned in the in m Dated •\qcp • Not in and for the State 0S.4 .OF MARYNliffl: off Publica residing at oZSet 02fi NO, •f P,&iC•OREGON Notary(print): )brA vn A R t i4-t T cowl•' •4 NO.G:i3i E8 My appointment expires: Q.j)QA Q 1• - 3,{�OD we comatissicu- SAPRIt.17,2CCO e --- REPRESENTATIVE FORM OF74CKNOWLED(2fENT STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the of .a, to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Wash,Yngton residing at • Notary 63r )- My appointment expires: CORPORATE FORM OF ACKNOWLEDGMENT: STATE OWN Orfr) SS VICOUNTY OF SING— M IA-i i' f0 lissi On this tQ day of &riterrsb. , 19 ,before me personally appeared1ttm- . e?_,.4_ to the known to be 1 v Sk.t`v.A - of the corporation that executed the withininstruntent, and acknowledge the said rot instrument to a the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, ".f} and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate .0 seal of said corporation. t < ¢ C�-l�.S'cA1 e�� `' SANOAa iAAcrM!-RTE Notary Public in and for the State of b 01•3 ' ""Y PUSLIO•CR_GCV4 Notary(Print) S tis t?'a-A fY114'R LOtf-Ira I C0MMISSION NO.C-Z158 I MY CONNIsSiO,V E PIRESAPAIL 17.2ppQ My appointment expires 0 w t 7 I ?fit, r p i 1 • 1, Horton Dennis&Associates,Inc. ,� a HDA ;�pF : e r ofg •. ae Consulting Engineers,Planners & Surveyors :.- \tt:7612 :.-- Lao EXHIBIT A WETLAND AREAS Ewa= 9t q7 LEGAL DESCRIPTION THOSE PORTIONS OF LOT 3, CITY OF RENTON LOT LINE ADJUSTMENT AS RECORDED IN VOLUME 106 OF SURVEYS Al PAGE 180 UNDER RECORDING NO. 9511299006 RECORDS OF KING COUNTt, WASHINGTON, BEING MORE t. PARTICULARLY DESCRIBED AS FOLLOWS: I PARCEL "A": COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 01°50'09" WEST 30.00 FEET ALONG THE WI€,ST LINE OF SAID LOT 3 TO THE POINT r OF BEGINNING; THENCE SOUTH 88°09'5It" EAST 90.15 FEET; THENCE SOUTH k 01°50'09" WEST 155.00 FEET; THENCE NORTH 88°09'51" WEST 101.41 FEET TO A POINT ON SAID WEST LINE AND POINT 'ik"; THENCE ALONG SAID WEST LINE NORTH 28°33'51"EAST 25.04 FEET; THENCE'CONTINUING ALONG SAID WEST LINE CD CI NORTH 01°50'09" EAST 132.63 FEET TO THE POINT OF BEGINNING. r P PARCEL "B": QC ALSO COMMENCING AT THE ABOVE DESCRIBED POINT 'A"; THENCE ALONG SAID WEST LINE OF LOT 3, SOUTH 28°33'51" WEST 56.94 FEET TO THE POINT OF b BEGINNING; THENCE SOUTH 88°09'51" EAST 54.20 FEET TO POINT "B"; THENCE tZ SOUTH 01°50'09" WEST 104.55 FEET; THENCE SOUTH 43°09'51" EAST 38.68 FEET; v) THENCE NORTH 88°09'51" WEST 118.04 FEET; THENCE NORTH 01°50'09" EAST 3.85 FEET; THENCE NORTH 28°33'51" EAST 51.95 FEET; THENCE NORTH 01°50'09" EAST 55.59 FEET TO A POINT ON SAID WEST LINE; THENCE ALONG SAID WEST rt LINE NORTH 28°33'51" EAST 29.19 FEET TO THE POINT OF BEGINNING. PARCEL "C": ALSO COMMENCING AT THE ABOVE DESCRIBED POINT "B"; THENCE SOUTH • 88°09'51" EAST 40.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01°50'09" EAST 6.00 FEET; THENCE SOUTH 88°09'51" EAST 32.82 FEET; THENCE SOUTH 01°50'09" WEST 97.90 FEET; THENCE NORTH S8°09'51"WEST 32.82 FEET; THENCE NORTH 01°50'09" EAST 91.90 FEET TO THE POINT OF BEGINNING. ALL THE ABOVE LOCATED IN SECTIONS 30 AND 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON. 320 Second Avenue South, Kirkland, Washington 98033, Phone (206) 822-2525, Fax (206) 822-8758 Kirkland ° Wenatchee ® Darien a - Y • EXISTING BERM .�I; . 1 `x �'I E XIST'YC WETLAND AREA VC re: NQI WYO4'[ 1• + , 4 _____ Lilt c W ^i I(` EXISTING BERM • i8 I ??..:( ieleerer:::::::,401,47...::.:.'i':-)AJIIIII& 20 1. ..4 7 r2/ ,e7. .....„ ...;,„1 , 1 ,. ii6 i IL ,,,,,, ,5, li Ir:i y /0/..// / %%% %f 1• 1 1 • i { '. C scc/•.o7��' ti/ t 1.....A ir p' /// ! '//' 'j �II °/ /' ' +1 I'1 25' %ULAN° BUFFER ! 9 %////�,� :%/ • 6 S2833'S1'W-2}8.70' 11 �'! %/ / II 1. 1.7g ! '-')/4' • / /Vi Y./44 .1/4:,' ;'1 I: 1 I i illFarm . ACCESS FC WATER QUALITY ?ONO tillo" 1t 3'a. Ian-rri• a� -� rip SEE DETAIL, SHEET 9 .1-': �—i',1.'1--17%•.3-E I .�c. I; ,Ir. ill WATER •QLJ.ALIT" PONO NO. 3 .e.Oc { ;�f1�t��'I�::�.r,� P� •1[66�D7'•R LIB t �:.'j.:: Fl�ER FABRIC FENCE r 1 1 •L F /• •'S1"�.sa� /\ ;:=,\,`, Gi F I I �-h r/ �/ ii I /yi / I CO j � jly/ I M IP... • r.0 PROPOSED DETENTION BASIN Al 4 F4r, Ifs i//%lj� /" ,_,04 i' S vii 7„. .1:4, 7 SEE STORM DRAIN.PLAN �/ I. 1 / ;Al, ; BIIHBDII1O WTI: P "POE• //W,j•/ // _; I / ,./ .. / !' •A -, ; : � I i • t i%%� ir LiJYe7 OTYp NORTHERN / d Al / I /'// I /• I I goo,-%:..r, c jj,;,.., • , I. ;1 j ; h 1 Iltt // . //4--;.• .\ 1 EX. 3C' ACCESS EASEMENT ( neeissl t :c�iG, /' �/ I 14 'S.00•.. ',at 15.001 '1 I I t }� 1 { .G�'n.a1 f l I � 1.1 IIi h I • WATER 0 JAL,M F:)NC NC. boo 1\. Iti, QG / !i; r 1i ... _-1 �—s.oc— / ���� /aihr. v`- CI _,,,4; 5' CCNC SIG=W_.JK .,.... ._...L•._‘..' • ' •' \ 1%Nte..-.s.---z;,_---.„. E • • '111.1.1111111111111m— i • - I \7d.. -,,,,, • is -_ -1gf ...._ .. �� E_ F -tea' 56:.'n-':.: - 9" BURLINGTON NORTHERN 90,zg FILE NO.BSP - 014-92 A BINDING SITE PLAN ` L-24-n SIGNATURE PAGE /`0// 1-,;1•1',tlJ•r SECTION 30, TWP. 23 N., RGE.S E,WM. .G SECTION 31, TWP. 23 N., RGE.S E,WI -IC' FX TlniuTLQE: CITY CF RENTON , KING COUNTY , WASHINGTON /VW, Mow ALL MEN PY THESE PRESENTS THAT WE, TMUNDERSIGNED, OWNERS '� IN FEE SIMPLE 0?THE LAND SEAMY PLATTED, MAIM DECLARE TNI■ PLAT AND DEDICAT!TO TM[►UNLIC IISAN I, ALL ROADS, EASEMENTS AND WAYS SHORAN MERLON WIN THE RIGHT TO MAIM ALL MR ELOPES FOR CUTS AND►ILLS, AND TM Alcor TO CONTINUE TO DRAINAIN SAID ROADS AND NAYS OVER AND ACROSS µT LOT OA LOTS. YMEM PATER MIGHT TALL A WIy, NATURAL COMM IN TM[01910iMAL REASONABLE GRADING OF MI WADS AND NAYS SHOWN MEMO. ON[LOPMEMT OR COMSTRUCTIOM Or ANY IMPROVEMENTS UPON THE REAL PROPERTY MERLIN OACMIE={MALL Si IN ACCOADANICE WITH TXI■IIMING 9uRLIAOTW KATHERN RARRDAD MANERTMS.UG GLACIER PARK[OMANI. SITE PLAN APPROVED SY THE CITY Or BENMM OM�jBy� 191E µD A)ELANAM Cy1PORATIOM A LELANARE RMPMATgN THE IFINAL PLAT) trim.PLANNED UNIT DBVEO/MB EATPEN BY THE Q /y,./. 'MinnaCITY or Anwar OM /Or , 19 Ay: )•�• .•�..,.� y. II//" ,i9;, THIS 'Minna SITE PLAN AND ALL 0► ITS RIOMNNNNMTS SHALL BE Ito: I(SV P AMA, Yi.4•e LEGALLY ENFORCEABLE TAIL MLTIINM 111101IMY ASSD RRAL►IOPIR'rYARSON ACQUIRING ALL PORTIONS STATE Or WASHIMGTONN) or THE PROPERTY IRA 111I!BIXOIMG SITE PLAN AM ASETBACK TO lESBA )w REQUIREIENTS Or CITY OF REN ON SUIDIVI5IOX 01MOINMCE. COUNTY OF SING ) Mr 7 IS 15 TO CERTIFY THAT ON THIS :ay DAY OP Imo IUBVEYDB•1 GIITI►ICATj, __,__ , lttd, B[lOR! M[ ►LAEONALLT 1 HERMIT CERTIFY TEAT THIS!INDIUM SIT! PLAN IS RASED ON THE A WE MGTO NORTH RAILROAD PROPERTIES[f M ., THE CO PORATI OM THAT EXECUTED THE PROP[=Y SURVEY Al PRIPARID BY EDAM, EOM AND 1ITCXIWGS, INC., WITHIN µD ROPERT1E INSTRUMENT, µ0 ORATIONDOED SAID I DE µD RECORDED UNDER RING COUNTY RECORDING MO. 910511900S, THAT TX! TO BE THE FREE AND VOLUNTARY ACT AND DIED OF SAID CORPORATION, BEARINGS µD DISTANCES AB[MOWN CORRECTLY, LD TEAT TYI LOT FOR TNI USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED COAMIIE SMALL BE S=011 111I OBCU10. THAT `•�y/ AUTHORIZED • TO E%!UTE YID NS UMEN7, IN W7TNE59 WHEREOF, SAID CORPORATION A!CAUSED TUTS INSTRUMENTM(�ApU9r P.L.A.A PE AOP [ EXECUTED BY ITS ARM OFFICER TMIA .2f,/$• DAY OF ---- _T J, vu KI . 19�j. ae e.n„1�. IN WITNESS WMII107, I AAV!HEREUNTO SET MY NAND AID A►TIE=NY EXAMINED MO APPROVED THIN 7.6 DAY OF 7YMM, 1192 A.D. OFFICIAL OPAL TM!DAY AND VIM►IR77 ABOV!WRITTEN.';VE �• �c N lli/IUW X7tEM a/UILDIAG/PUAIC wad eITY of 40Mf..yi�E.. . tiesr' .•t •/ y1 / l4.".®w_. Y PUSLIC IN µD FOR TAG MATE�QY MINGTOM, RESIDING AT,,‘,4_ /., • METE of VASHINGTON) L :�yJ 1.. /.A, f!. ..CQ1D1'OY',0t XING ) ►`+r"••••A,'rrI'NrN,A+r, I,�i. EXAMINED AND A1/NOVED MIS 30 DAY or A.A./, G992 A.D. �T 9 IS TO CERTIFY THAT ON THIS �! DAY 0► _ __ 1.2, Birroar Me PLL781StEY n•D 1. FAQ- igvlr'--`;'7 \ 1lSIISOA ML N TO L TN ?GLACIER►Al0 CO WA- NY, THE CORPORATIONACKNOWLEDGED THA X C H WITHIN AND FOREGOING IN- VOLUHENT, AND ACKNOWLEDGED SAID INSTRUMENT TO Et THE FREE AND I VOLUNTARY ACT AND DEED Or MAID CORPORATION, FOR TMA USES AND ► APOSES THEREIN MENTIONED, AND ON OATH THAT FINANCE 21i.11,1=.•■�arerrC.re, LTLCt7C f►RD-IIfFhUME?. I=MN CERTIFY MET ALL PROPIN Y TAXIS ERE PAID, TEAT TMEA!ARE MO DELINQUENT SPECIAL ASSESSMENTS CERTI►IED TO THIS OFFICE FOR IN WITNESS WHEREOF, SAID CORPORATION MAA CAUSED THIS INSTSLMIE= COLLECTION, AND THAT ALL SPECIAL ASSESSMENTS, CERTIFIED TO THIS T OE EXECUTED MY IT/ PROPER OF►ICER MIS ...141ARO. DAY Or arms PON COLLECTION CM A=OF THE PROPERTY IMMIX CONTAINED, , 1►N,. DEDICATED Al S, ALLEYS, OR POE mum PUBLIC USE, ARE PAID �L L�� J EX PDLL TEES .12,00 OM of T..,. • /91j. • IN WITNESS WEENY, I NAVE HEREUNTO SET NY NAND MD AFFIXED MY T 3t))� / _ •OFFICIAL SW.THE DAY AND YWI TIEN ABOVE WITTEN. MICE OF FYRANCB .° NI'/ `:..:„..��.�'•} //yCyJ/ �p/f� Q' yip 7 - S • c I NOT Y PUBLIC•A µD ION �I�1 STA�CL_ L bII I M4 , (` t L N £ 0 HINGTOM, RESIDING ATT�•e a/ OFaxa'o1 II ass A S Orr=OF MAMCE 4,•,• l '/ I .I ..c: • GP �� AL..' 4 1, 7 ! i 't J DIsx4OR OP FnareE +'sM MGtOY' I / r Pi•.en.A: I W.100 CETIFY TIlT TOUT PM NODIIIBWT A I.L EECIAIESEfE1T5 AND TAT ALL SPECIAL AISLE ENTS CIITIPIED TO TOT CITY TNIASOP10 /)/IJ, 2- TAT PORTION OF BDALIIGTOM MOMTMEIM OMILLIE IHD0STAIAL PARE Or FOR COLLECTION ON ANY►RO►IIT'Y tIIBIM CONTAINED DEDICATED FOR �.l 11 ALMTOM DIVISION I• AS PIE PLAT RECORDED IN TOLOM3 ISO OP PLATE, STRAITS,A1lEIA, OR PUBLIC DBE ARE PIED El mu. PAGES 12 AND 13, ANCORDS OF Me COUNTY, MMAMIE=AS►OLiOWl, BLOC! 21 LOTS 1, 2, 3, 4, 7 AMD N) AMD LOT 2 OF CITY Or*EATOIT"'—•-----.Luz _ / LOT Lz AOTUSTMT E MO. LL ND -015-SS, RECORDED UNDER SING COUNTY l `/K/Z ACCORDING W. 4402139001; ` 7 ICI of Rumor TOGETHER WITH TIMER PORTIONS OF RAILROAD RION-OF-WAY LYING ' ADJACENT TO LOTS 1, 2, 3, 4, 7, E AND 9 IX BLOCK 2, Al SADOIM ON THE MAT OF BVRLINGTON PORTS=DAIILIA INournuAL PADS OP IU TON imm,..r1TWG PeRIPTCATT: DIVISION I,AS PER PLAT RECORDED IX POLDER 100 OF PLATE, PALL 12 ' µD 13. RECORDS OF CMG OSUMI; PILED FOR RECORD AT TAM REQUEST O► TEE CITY O► BESTOW THIS DAY Ol ' 19 , AT MINUTPASTPA SITUATE IX T51 CITY Or RERUN, COUNTY OP RIME, STATE of WASESNO- SIDED IN QQ lam orb, nails S or , IL �� TON. coops or rim warm es223313,5r. PARCEL A; DIVISION OF REWEDS AND EXECT1QWD PARCEL I Or BEORT PLAT N0. 379-79, ACCORDING TO 491E BBORT PLAT ALCOIDED OYDII AIM.COMM RECOODING NO. 79092490011 r RE7 IX TTR CITY OP MX. COUNTY OP XING, =ATD OP WEANING-_ - ' TOW. NAWADEO 1511rERIMTEIDIIT or B ow= I' SHEET I OE 4 • ii r • BURLINGTON NORTHERN - IL A BINDING SITE PLAN. as 4'' fAYpM4 FILE N0.9SP - 014-92 `.- . NEW LEGAL DESCRIPTIONS SECTION 30, TWP 23 N. , RGE.5 E, W10. 1f��% a SECTION 31 TWP. 23 N. RGE.5 E, W.Id. // // ..,, :i,+`e CITY CF RENTON , RING COUNTY , WASHINGTON �J ` teJN I.61.11 YAC[L I Or CITT Or AOTOS TORT PLAT T. 31I-11,Y 1Tros., TAT PORTION Of Or TT TAT D O.1.4 LVYRT liroY1S0• a0 SYR21t0 L STET a TT..ie TUT ii[1N )wOLtcYi I[ O. ° AAA,33 AM 1 rit[sa OF RIME COvt,,O.a1NOTo•,O:Aoi.=AS SITTING AT T NaAOATLOTT OF L 1 Or tnOCY I Or TT PLAT POLL..' TT Or ITILINOTON NOOTTa°RILL.Ia4•TIAL PAY 01•ASTOS Ai QIYICINO\ COPY Or SOT 1 D ALTA 1; Or aroTDn It to I•Or FIATS,PUSS it AM ll.Ra< I Dr RING WATS {• To TT TOT M LINI Or LOTS a.0> LINT O D Lot•AO0[R CLKI°Or 1711 RAT TO•NSW CIECTT ITT•L0110 IT I A Y;0 plA nl Orm1lYYY a l OTT 0•Sf•.f• SAID T T a ]° 1R STRUT: TT SOOTS TT AVISG a WIT Or T)1.1T ITT,REN T SOVIRIALi AICI I.OII ITT <R LLONG Y NLYI•lOT.T I/R 310.00 O ao0ltolffT..AS_YID CIAM1 Y AT OM AKU OF w11.60 rTT A TO TST TINT Y la 1 a ••POINT Or CORPOTO• RRI TOTE SotR f••I�SIi If�• j I[R TOT 1TY[CUT YORF CENT YviK L YOt YS OF 1•50.11•NUT LII ITT PO II. LA 1 SlORTYT flat 01.11'PINT Y ANC TTL.,TAVES CT Or°WNS A f T TAT TARCLON A ET A/AKLT �!TROT TIT•.....Ol•SAT Ate WD IRIa lY.T lRRI]'111.3.OT'r ROOT ETV TWA 0 AIR ON ti!•iK. we.Ol tnt 041TALT 1•KOYTAUT; U,KOTIaf•�•.. SOWN A RO[ A IT IOfaiK. LOT cove..T,DOME MAT ITT. 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