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HomeMy WebLinkAboutA 20020802000224Return Address Office of the City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98055 PAGE 001ROFTON 9AG KINGZCOUNTY08WA7 000224 37.00 Document Title(s) (or transactions contained therein): 1. Development Agreement Reference Number(s) of Documents assigned or released: (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): 1. The Boeing Company Grantee(s) (Last name first, then first name and initials): 1. City of Renton Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Portions of Renton Farm Plat, Renton Farm Plat No. 2, Plat of Sartorisville, Renton Boiler Works Short Plat, Renton Farm Acreage Plat, City of Renton Short Plat, C.H. Adsit's Lake Washington Plat, and Government Lots 1, 2, and 3 — STR 082305 TAXLOT 55 PCL 1 BOEING, STR 082305 TAXLOT 115 PCL 2 BOEING, STR 082305 TAXLOT 880 PCL 3 BOEING, STR 082305 TAXLOT 19 PCL 4 BOEING, STR 082305 TAXLOT 9 PCL 5 BOEING, STR 082305 TAXLOT 37 PCL 6 BOEING, STR 082305 TAXLOT 105 PCL 7 BOEING, STR 082305 TAXLOT 152 PCL 8 BOEING, STR 072305 TAXLOT 1 PCL 9 BOEING, STR 072305 TAXLOT 46 PCL 10 BOEING, STR 082305 TAXLOT 11 PCL 11 BOEING, STR 082305 TAXLOT 187 PCL 12 BOEING, STR 082305 TAXLOT 79 PCL 13 BOEING, STR 072305 TAXLOT 100 PCL 14 BOEING, STR 082305 TAXLOT 204 PCL 15 BOEING. 0 Full legal is on pages 8 through 17 of document. Assessor's Property Tax Parcel/Account Number Portions of the following: #756460-0055-04, #722300-0115-08, #722400-0880-00, #082305-9019-00, #082305-9209-00, #082305-9037-08, #722300-0105-00, #082305-9152-07, #072305-9001-01, #072305- 9046-08, #082305-9011-08, #082305-9187-06, #082305-9079-07, #072305-9100-01, #082305-9204-05. 0 [03003-0105/SB020080.0511 6/20/02 t i DEVELOPMENT AGREEMENT BETWEEN THE BOEING COMPANY AND THE CITY OF RENTON FOR THE BOEING RENTON AIRCRAFT MANUFACTURING FACILITY I. PREAMBLE This DEVELOPMENT AGREEMENT ("Agreement") between THE BOEING COMPANY ("Boeing"), a Delaware corporation, and the CITY OF RENTON ("City"), a municipal corporation of the State of Washington, is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with an entity having ownership or control of real property within its jurisdiction. II. RECITALS A. Boeing is the owner of certain real property, known as the Boeing � : Renton Aircraft Manufacturing Facility ("Renton Plant" or "Plant"), located in the G City of Renton, King County, Washington, as more particularly described in Attachment 1, which is attached hereto and by this reference incorporated herein. B. The Renton Plant consists of approximately 279 acres located at the C=P. south end of Lake Washington in the City of Renton. The majority.of the Plant site is Q located within the Industrial -Heavy ("IH") zoning district and is designated Employment Area -Industrial by the City's Comprehensive Plan. An approximately 21-acre portion along the site's eastern boundary is zoned IH and is designated by the Comprehensive Plan as Employment Area -Transition (Interim). C. The Renton Plant was originally developed for construction of military aircraft during World War II, with the first Plant buildings completed in 1942. Major building construction occurred in the decades of the 1950s and 1960s. By 1989, the Renton Plant contained 69 major buildings with a total enclosed floor area of approximately 6.9 million square feet. D. In the late 1980s, Boeing planned an expansion of the Plant to accommodate projected production needs for the 1990s and beyond. For that proposal, the City of Renton issued an environmental impact statement ("EIS") pursuant to the State Environmental Policy Act ("SEPA") that disclosed and analyzed the environmental impacts of the addition to the Plant of new buildings and increased employees. DEVELOPMENT AGREEMENT PAGE 1 [03003-0105/SB020080.051] 6/20/02 E. The EIS describes, among other alternatives, a "Proposed Action" to add four structures (the 4-80 building, expansion of the 4-82 building, a 16,000 square foot addition to the existing 4-86 building, and construction of a six -level parking garage) and 1,500 employees to support a forecasted production increase. Based on impacts of the Proposed Action, a "Mitigation Document," dated February 20, 1990 and revised March 7, 1990, was issued by the City's Environmental Review Committee ("ERC"). F. The EIS establishes that, without the expansion described by the Proposed Action, the Renton Plant generated 28,140 average daily vehicle trips and 4,060 p.m. peak hour vehicle trips. The EIS estimates that implementation of the Proposed Action will result in the addition of as many as 3,015 vehicle trips per day and 435 p.m. peak hour vehicle trips per day. G. Boeing and the City agree that additional development of the Renton Plant should be regulated and mitigated in order to provide certainty and efficiency with respect to the City's applicable review and approval processes. Accordingly, Boeing and the City wish to enter into a Development Agreement addressing certain a aspects of Phase I and Phase II (as defined below) development and therefore agree as follows: III. AGREEMENT 1. Definitions. For purposes of this Agreement, "Phase I", described by the EIS as the "No Action Alternative," shall include Renton Plant development existing as of the date that the Mitigation Document was issued. "Phase II" shall consist of the Proposed Action as analyzed and mitigated by the EIS and the Mitigation Document, respectively, and/or such other plans for development or redevelopment of the Renton Plant site that may from time to time be approved by the City. 2. Vesting and Term of Agreement. The City's land use regulations in effect and applicable to project applications as of the recording date of this Agreement shall govern (a) the continued use and operation of Phase I for airplane manufacturing purposes and any other Boeing operation (b) Phase II development applications submitted to the City within 45 years from the recording date of this Agreement, so long as such applications are for airplane manufacturing uses. Notwithstanding the foregoing, the City reserves the authority under RCW 36.70B.170(4) to impose new or different regulations to the extent required by a serious threat to public health and safety, as determined by the Renton City Council after notice and an opportunity to be heard has been provided to Boeing. DEVELOPMENT AGREEMENT PAGE 2 [03003-0105/SB020080.051] 6/20/02 3. Land Use Regulations. For purposes of this Agreement, "land use regulations" means Comprehensive Plan policies and zoning standards in effect as of the date of this Agreement; provided, however, that Boeing may elect at its discretion that Comprehensive Plan policies and zoning standards adopted after the recording date of this Agreement shall apply to all or part of Phase II development. For purposes of this Agreement, the current Comprehensive Plan designation of the Renton Plant site is Employment Area — Industrial and the zoning designation applicable to the Renton Plant site is IH pursuant to the March 15, 2002 Zoning Map as adopted by the City Council. 4. Baseline Vehicle Trips. 4.1 Calculation of Future Traffic Impacts and Mitigation. Existing vehicle trips associated with Phase I, described by the EIS as the "No Action Alternative," (i.e., 28,140 average daily trips and 4,060 p.m. peak hour trips) shall be considered to be vested and to form the "baseline trips" for purposes of the analysis of transportation impacts associated with Phase II development or redevelopment of all or a component of the Renton Plant site. For example, and without limiting the foregoing, if Boeing elects to dispose of or redevelop all or a component of the Renton Plant site, all or a portion of the baseline trips may be assigned to that component of the site when calculating and determining the appropriate mitigation of C= future transportation impacts applicable to that component's redevelopment. cm� Therefore, only those traffic impacts that exceed the impacts associated with the "baseline trips" shall be subject to transportation mitigation. 4.2 Traffic Modeling. "Baseline trips" as described in Paragraph 4.1 above (i.e., 28,140 average daily trips and 4,060 p.m. peak hour trips) shall be included in the City's traffic model for purposes of estimating future transportation impacts. 5. Other Mitigation Fees. With respect to impacts to public services other than transportation, future building demolitions at the Renton Plant site shall be eligible for "redevelopment credits," which shall offset any applicable mitigation or impact fees (including, but not limited to, mitigation fees for fire and water services) that would otherwise be assessed by the City on the basis of square footage of new floor area for each square foot of floor area demolished. 6. Mitigation Document. To the extent that this Agreement conflicts with the Mitigation Document, this Agreement controls. DEVELOPMENT AGREEMENT PAGE 3 [03003-0105/SB020080.051] 6/20/02 } i cm c::F. CM CINt cm 0 7. Recording. This Agreement, upon execution by the parties and approval of the Agreement by resolution of the City Council, shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 8. Successors and Assigns. This Agreement shall bind and inure to the benefit of Boeing and the City of Renton and their successors in interest, and may be assigned to successors in interest to all or a portion of the Renton Plant property. Upon assignment and assumption by the assignee(s) of all obligations under this Agreement, Boeing shall be released from all obligations under this Agreement. 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. 10. Expiration. This Agreement, unless rescinded by Boeing or its successors in interest, shall become null and void 45 (45) years from the date of recording of this Agreement. AGREED this o?g day of , 2002. DEVELOPMENT AGREEMENT PAGE [03003-0105/SB020080.0511 6/20/02 i cm c::F. CM CINt cm 0 7. Recording. This Agreement, upon execution by the parties and approval of the Agreement by resolution of the City Council, shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 8. Successors and Assigns. This Agreement shall bind and inure to the benefit of Boeing and the City of Renton and their successors in interest, and may be assigned to successors in interest to all or a portion of the Renton Plant property. Upon assignment and assumption by the assignee(s) of all obligations under this Agreement, Boeing shall be released from all obligations under this Agreement. 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. 10. Expiration. This Agreement, unless rescinded by Boeing or its successors in interest, shall become null and void 45 (45) years from the date of recording of this Agreement. AGREED this o?g day of , 2002. DEVELOPMENT AGREEMENT PAGE [03003-0105/SB020080.0511 6/20/02 I CITY O RENTON By: Jesse Its Mavor ATTEST: By: Bonnie I. Walton Its City Cl Prk A ed as to form: City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of June , 2002, before me, the undersigned, C a Notary Public in and for the State of Washington, duly commissioned and sworn, � personally appeared Jesse Tanner , to me known to be the person who signed as Mayor of the CITY OF RENTON, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. w• ��,d....,.�o. (Signature of Notary) ,, ff (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: DEVELOPMENT AGREEMENT PAGE 5 [03003-0105/SB020080.051 ] 6/20/02 f 4`rl` Q`oO•. ri. C:1 C7 C%1Z G3, THE BOEING COMPANY DEVELOPMENT AGREEMENT [/SB020080051.DOC] By: Philip W. Cyburt Its: Vice President PAGE 6 6/7/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of LO'S ANGtLES On JUN1✓ 01 )LtDa before me, V>AWO C.5NAyLR, NoTAP--j PU13UU Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared PIA ILIP W . Cy bu9-T Name(s) of Signer(s) b1 personally known to me ❑ proved to me on the basis of satisfactory evidence DAWN E. SHAVER ER COMM. #� 1325796 "� NOTARY PUBLIC a CALIFORNIA LOS ANGELES COUNTY Comm. Exp.00T. 18 2005 to be the person(&) whose name(c4 Were subscribed to the within instrument and acknowledged to me that he/6hef" executed the same in his/hefAhefr authorized capacity(ies), and that by his/hadlUeir signatures} on the instrument the person(e), or the entity upon behalf of which the personfs) acted, executed the instrument. T NESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: PAGE 7 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 ATTACHMENT I Legal Description of Boeing Renton Plant Property PARCEL 1: LOTS 1 THROUGH 13 IN BLOCK 11 OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME 30 OF PLATS, PAGE 97, RECORDS OF KING COUNTY; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECORDED UNDER RECORDING NOS. 7203140338 AND 9406070578; TOGETHER WITH LOTS 1 THROUGH 8 IN BLOCK 1 OF SARTORISVILLE, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 7, RECORDS OF KING COUNTY; EXCEPT THAT PORTION OF SAID LOT 1 CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO. 7203140338, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF A DISTANCE OF 13.50 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13.50 FEET, THROUGH A CENTRAL ANGLE OF 900, AN ARC LENGTH OF 21.20 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT, 13.50 FEET SOUTHERLY OF THE NORTHERLY CORNER THEREOF; C THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13.50 FEET TO THE p. NORTHEAST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING, DESCRIBED AS FOLLOWS: c-.r BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY ALONG THE NORTHERLY LINE THEREOF A DISTANCE OF 13.50 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS 13.50 FEET, THROUGH A CENTRAL ANGLE OF 900, AN ARC LENGTH OF 21.20 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT, 13.50 FEET SOUTHERLY OF THE NORTHERLY CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 13.50 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING; AND TOGETHER WITH THE WEST 83.5 FEET OF LOTS 11 AND 12 IN BLOCK 1 OF SAID PLAT OF SARTORISVILLE; EXCEPT THE NORTH 20 FEET OF SAID LOTS 11 AND 12; AND TOGETHER WITH LOTS 1 AND 2 OF RENTON BOILER WORKS SHORT PLAT NO. 282-79, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 7907109002; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON; PARCEL 2: LOTS 3, 4 AND 5 IN BLOCK 4 OF RENTON FARM ACREAGE, AS PER PLAT RECORDED IN VOLUME 12, PAGE 37, RECORDS OF KING COUNTY; SITUATED IN THE CITY OF RENTON, COUN iY OF KING, STATE OF WASHINGTON. PARCEL 3: THE WEST 17.5 FEET OF THE NORTH 30 FEET OF LOT 10, THE WEST 17.5 FEET OF LOTS 11, 12, AND 13, ALL OF LOTS 14, 15, AND 16, AND THE NORTH 30 FEET OF LOT 17, ALL IN BLOCK 10 OF RENTON FARM PLAT, AS PER PLAT RECORDED IN 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY; TOGETHER WITH THAT PORTION OF THE VACATED ALLEY ADJOINING; EXCEPT THAT PORTION DEEDED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO. 7307090450; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. d PARCEL 4: t"r �r THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60 FEET NORTH OF THE NORTHEAST CORNER OF LOT 13 IN BLOCK 10 OF 4= RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF co:7 KING COUNTY; THENCE NORTH, ALONG THE WEST LINE OF PARK AVENUE PRODUCED, 185 FEET; THENCE WEST 107.5 FEET; THENCE SOUTH 185 FEET; THENCE EAST 107.5 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR THE WIDENING OF 67- AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO. 7206090448; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 9406070574; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 5: PARCEL B OF CITY OF RENTON SHORT PLAT NO. 093-89, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8911149006; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PAGE 9 M PARCEL 6: THAT PORTION OF THE SOUTH 660 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., WHICH LIES NORTH OF THE NORTH LINE OF NORTH 6T" STREET AND BETWEEN THE NORTHERLY EXTENSION OF THE CENTERLINES OF PELLY AVENUE NORTH AND MAIN STREET, NOW WELLS STREET NORTH, - EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECORDED UNDER RECORDING NOS. 7108190352 AND 8509130916; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 7: PARCEL A OF CITY OF RENTON SHORT PLAT NO. 093-89, ACCORDING TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8911149006; TOGETHER WITH LOTS 1 THROUGH 5 IN BLOCK 3 AND LOTS 1 AND 2 IN BLOCK 4 OF RENTON FARM ACREAGE, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 37, RECORDS OF KING COUNTY; AND TOGETHER WITH THAT PORTION OF VACATED STREET AND ALLEY ADJOINING, AS VACATED UNDER CITY OF RENTON ORDINANCE NOS. 3319, 3327 AND 4048 WHICH, UPON VACATION, ATTACHES TO SAID PROPERTY BY OPERATION OF LAW; AND TOGETHER WITH THAT PORTION OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., WHICH LIES BETWEEN THE WEST LINE OF SAID VACATED ALLEY ON THE EAST AND THE EAST LIEN OF SECONDARY STATE HIGHWAY NO. 2-A (PARK AVENUE EXTENSION) ON THE WEST; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECORDED UNDER RECORDING NOS. 5180889 AND 9406070579; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 8: THAT PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SUBDIVISION WITH THE NORTHERLY PRODUCTION OF THE WEST LINE OF PARK AVENUE, AS SHOWN IN THE PLAT OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY; THENCE SOUTHERLY ALONG SAID PRODUCTION, TO A POINT 715 FEET NORTH OF THE SOUTH LINE OF SAID SUBDIVISION; THENCE WEST PARALLEL WITH AND DISTANT 715 FEET NORTH FROM SAID SOUTH LINE TO THE NORTHERLY PRODUCTION OF THE CENTER LINE OF PELLY STREET; THENCE SOUTH ALONG SAID PRODUCED CENTERLINE, TO THE NORTH OF SOUTH 660 FEET OF SAID SUBDIVISION; PAGE 10 • ' f THENCE WEST ALONG SAID NORTH LINE TO THE NORTHERLY PRODUCTION OF THE CENTER LINE OF MAIN STREET, NOW WELLS AVENUE NORTH, AS SHOWN IN THE PLAT OF RENTON FARM PLAT NO. 2, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 32, RECORDS OF KING COUNTY; THENCE SOUTHERLY ALONG SAID PRODUCTION TO THE NORTH LINE OF NORTH 6T" STREET; THENCE WESTERLY ALONG SAID NORTH LINE OF NORTH 6T" STREET TO THE EASTERLY MARGIN OF THE ABANDONED BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY TO THE NORTH LINE OF SAID SUBDIVISION; THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON FOR THE WIDENING OF NORTH 6T" STREET BY DEEDS RECORDED UNDER RECORDING NOS. 7106110508, 7106110510, 7106110511, 8509100968,B509130916 AND 8509130917; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 9-A: _&y ul%w THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 23 C%4� NORTH, RANGE 5 EAST, W.M., LYING SOUTHERLY OF NORTH 6T" STREET, WESTERLY OF LOGAN Q` STREET NORTH EXTENSION (LOGAN AVENUE NORTH) AS DEEDED TO THE STATE OF WASHINGTON c:7' BY DEED RECORDED UNDER RECORDING NO. 3261297, EASTERLY OF CEDAR RIVER WATERWAY (COMMERCIAL WATERWAY NO. 2), AND NORTHERLY OF THAT CERTAIN TRACT OF LAND CONVEYED TO RENTON SCHOOL DISTRICT BY DEED RECORDED UNDER RECORDING NO. 5701684; ca EXCEPT THAT PORTION CONVEYED TO THE BOEING COMPANY BY DEED RECORDED UNDER ' RECORDING NO. 5907048 (ALSO BEING THAT TRACT DESCRIBED IN PARCEL 10 FOLLOWING); o SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 9-8: THAT PORTION OF GOVERNMENT LOTS 1 AND 3 IN THE EAST'/2 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., AND OF C.H. ADSIT'S LAKE WASHINGTON PLAT, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGE 79, RECORDS OF KING COUNTY, AND CERTAIN VACATED STREETS, AVENUES AND ALLEYS IN SAID PLAT, AND CERTAIN SHORE LANDS AND VACATED LOGIN STREET NORTH (FORMERLY WILLIAMS STREET NORTH), IN SAID SHORE LANDS, ALL DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SIXTH AVENUE NORTH AND THE WEST LINE OF LOGAN STREET NORTH; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOGAN STREET NORTH TO THE EAST -WEST CENTERLINE IN SAID SECTION 7; THENCE EASTERLY ALONG SAID CENTERLINE OF SAID SECTION TO THE WESTERLY LINE OF SAID LOGAN STREET NORTH, AS THE SAME IS CONVEYED NORTH OF SAID SECTION LINE; THENCE NORTHERLY ALONG SAID WEST LINE OF SAID LOGAN STREET NORTH TO AN ANGLE POINT IN SAID WEST LINE; PAGE 11 THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOGAN STREET NORTH TO AN INTERSECTION WITH A LINE PARALLEL WITH AND 30 FEET NORTHWESTERLY OF THE GOVERNMENT MEANDER LINE IN SAID GOVERNMENT LOT 1; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO A POINT ON THE NORTHEASTERLY LINE OF SAID VACATED LOGAN STREET NORTH; THENCE ALONG SAID NORTHEASTERLY LINE, NORTHWESTERLY TO AN ANGLE POINT IN SAID NORTHEASTERLY LINE; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID VACATED STREET TO THE INNER HARBOR LINE OF LAKE WASHINGTON; THENCE SOUTHWESTERLY ALONG SAID INNER HARBOR LINE TO THE EASTERLY LINE OF THE RIGHT- OF-WAY OF COMMERCIAL WATERWAY NO. 2; THENCE SOUTHERLY, ALONG THE EASTERLY LINE OF SAID WATERWAY RIGHT-OF-WAY, TO ITS INTERSECTION WITH THE NORTH LINE OF SAID SIXTH AVENUE NORTH; THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; TOGETHER WITH BLOCK C OF THE 3RD SUPPLEMENT OF LAKE WASHINGTON SHORE LANDS; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. c=1 cam• PARCEL 9-C: AN IRREGULAR TRACT OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 5, THE SOUTHEAST 1/4 cm, OF SECTION 6, THE NORTHEAST 1/4 OF SECTION 7 AND IN THE NORTHWEST 1/4 OF SECTION 8, ALL CZD IN TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS, AS SHOWN ON SHEETS NOS. 3 AND 4 OF MAP PREPARED BY UDO HESSE AND FILED IN CAUSE NO. 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTITLED C=). SEATTLE FACTORY SITES COMPANY, ET AL VS. ANNIE J. ADAMS, ET AL, AND MORE PARTICULARLY c"r DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; THENCE NORTH 88051'05" WEST ALONG THE NORTH LINE OF SAID LOT 1, AND ALONG SUCH LINE PRODUCED WESTERLY 960.01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88051*05" WEST ALONG THE NORTH LINE OF SAID LOT 1 PRODUCED WESTERLY, 761.39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY LINE OF THE SHUFFLETON STEAM PLANT PROPERTY; THENCE NORTH 43006'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTY, 680.06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR LINE OF LAKE WASHINGTON SHORE LANDS AS LAID OUT BY THE STATE OF WASHINGTON; THENCE SOUTH 46052'27" WEST ALONG SAID INNER HARBOR LINE 858.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 46*52*27" WEST ALONG SAID INNER HARBOR LINE 726.94 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF THE VACATED COUNTY ROAD NO. 376, ALSO KNOWN AS RAILROAD AVENUE, WILLIAMS STREET AND LOGAN STREET IN THE CITY OF RENTON, SAID ROAD BEING EXTENDED NORTHERLY; PAGE 12 THENCE SOUTH 14036'26" EAST, ALONG THE EASTERLY MARGIN OF SAID EXTENDED COUNTY ROAD 817.01 FEET TO AN ANGLE POINT IN THE EASTERLY MARGIN OF SAID ROAD; THENCE SOUTH 41022'31" EAST ALONG SAID EASTERLY MARGIN 514.19 FEET TO A POINT UPON THE NORTHERLY BOUNDARY OF THE BOEING COMPANY PROPERTY KNOWN AS PARCEL V; THENCE SOUTH 66024'16" EAST ALONG SAID NORTHERLY BOUNDARY OF PARCEL V 217.51 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, SAID INTERSECTION BEING POINT ON A CURVE OF RADIUS 1482.71 FEET FROM WHICH THE CENTER OF THE CIRCLE BEARS SOUTH 62038'53" EAST; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY ON A CURVE TO THE RIGHT AN ARC LENGTH OF 316.79 FEET TO A POINT FROM WHENCE THE CENTER OF THE CIRCLE BEARS SOUTH 50-24'23" EAST; THENCE NORTH 14034'18" WEST 1,546.44 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 9-D AN IRREGULAR TRACT OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 5, THE SOUTHEAST 1/4 OF SECTION 6, THE NORTHEAST 1/4 OF SECTION 7 AND IN THE NORTHWEST 1/4 OF SECTION 8, ALL C� IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., INCLUDING WITHIN THIS TRACT CERTAIN o: : PORTIONS OF LAKE WASHINGTON SHORE LANDS, AS SHOWN ON SHEET NOS. 3 AND 4 OF MAP C'a PREPARED BY UDO HESSE AND FILED IN CAUSE NO. 156371 IN THE SUPERIOR COURT OF KING CD COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET AL VS. ANNIE 1. ADAMS, ET AL AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: C=k c BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; THENCE NORTH 88051'05" WEST ALONG THE NORTH LINE OF SAID LOT 1, AND ALONG SUCH LINE cCs PRODUCED WESTERLY, 960.01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88°51'05" WEST ALONG THE NORTH LINE OF SAID LOT 1 PRODUCED WESTERLY 761.39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY LINE OF THE SHUFFLETON STEAM PLANT PROPERTY; THENCE NORTH 43006'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTY, 680.06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR LINE OF LAKE WASHINGTON SHORE LANDS, AS LAID OUT BY THE STATE OF WASHINGTON; THENCE SOUTH 46052'27" WEST ALONG SAID INNER HARBOR LINE 607.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 46052'27" WEST ALONG SAID INNER HARBOR LINE 250.62 FEET; THENCE SOUTH 14034'18" EAST 1,546.44 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, SAID INTERSECTION BEING POINT ON A CURVE OF RADIUS 1,482.71 FEET FROM WHICH THE CENTER OF THE CIRCLE BEARS SOUTH 50°24'23" EAST; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY ON A CURVE TO THE RIGHT AN ARC LENGTH OF 132.81 FEET TO A POINT OF COMPOUND CURVE OF RADIUS 2,052.27 FEET FROM WHENCE THE CENTER OF THE CIRCLES BEAR SOUTH 45016'28" EAST; PAGE 13 THENCE CONTINUING ALONG SAID RIGHT-OF-WAY MARGIN ON A CURVE TO THE RIGHT AN ARC LENGTH OF 214.91 FEET TO A POINT OF TANGENCY; THENCE NORTH 50043'32" EAST ALONG SAID RIGHT-OF-WAY MARGIN 159.90 FEET, - THENCE NORTH 20038'24" WEST 700.81 FEET; THENCE NORTH 46053'04" EAST 215.00 FEET; THENCE NORTH 43006'56" WEST 713.87 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 10: THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF COMMERCIAL WATERWAY DISTRICT NO. 2 (CEDAR RIVER WATERWAY), AND WESTERLY OF LOGAN STREET NORTH EXTENSION (LOGAN AVENUE NORTH) AS DEEDED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 3261297, DESCRIBED AS: `+ BEGINNING AT THE SOUTH MARGIN OF 6T" AVENUE NORTH AND THE WEST MARGIN OF LOGAN �w STREET NORTH; C=. CD THENCE NORTH 89034'11" WEST ALONG SAID SOUTH MARGIN, 674.91 FEET, TO THE MOST NORTHERLY AND WESTERLY CORNER OF A TRACT CONVEYED TO THE BOEING COMPANY, BY DEED RECORDED UNDER RECORDING NO. 5701683, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89034'11" WEST, ALONG SAID SOUTH MARGIN, 441.54 FEET TO THE o: EASTERLY RIGHT-OF-WAY LINE OF COMMERCIAL WATERWAY DISTRICT NO. 2, AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 211409; THENCE SOUTH 12047'42" EAST, ALONG SAID RIGHT-OF-WAY LINE, 328.72 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH AND 320 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH MARGIN OF 6T" AVENUE NORTH; THENCE SOUTH 89034'11" EAST ALONG SAID PARALLEL LINE, 366.34 FEET; THENCE NORTH 00025'49" EAST 320.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL11: THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHWEST 1/4 WITH THE EASTERLY MARGIN OF PARK STREET, ALSO KNOWN AS SECONDARY STATE HIGHWAY NO. 2A; THENCE SOUTH 89028'19" EAST ALONG SAID SOUTH LINE 771.21 FEET; THENCE NORTH 00031'51" EAST 253.23 FEET TO THE TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT OF RADIUS 850 FEET; PAGE 14 's , I C3 THENCE NORTHERLY ALONG SAID CURVE 274.82 FEET TO THE POINT OF TANGENCY THENCE NORTH 17059'39" WEST 1484.81 FEET TO A POINT ON A CURVE OF A CURVE TO THE RIGHT, SAID POINT BEING ON THE SOUTHEASTERLY MARGIN OF LAKE WASHINGTON BOULEVARD; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT FROM WHENCE THE CENTER BEARS SOUTH 49018-19" EAST 288.67 FEET; THENCE SOUTHERLY ALONG SAID CURVE 250.57 FEET TO THE POINT OF TANGENCY, SAID POINT OF TANGENCY BEING ON THE EASTERLY MARGIN OF SAID PARK STREET; THENCE SOUTH 00057*41" WEST ALONG SAID EASTERLY MARGIN 1581.30 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION FOR PRIMARY STATE HIGHWAY NO. 1 (SR 405) NORTH RENTON INTERCHANGE AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 656127; AND EXCEPT THAT PORTIONS) THEREOF CONVEYED TO THE CITY OF RENTON FOR PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO. 9703181422, BEING A RE-RECORDING OF 9612120855 AND RECORDING NO. 8811150482; TOGETHER WITH THAT PORTION OF VACATED LAKE WASHINGTON BOULEVARD; ADJOINING, WHICH. UPON VACATION, ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 12: AN IRREGULAR TRACT OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, INCLUDING WITHIN THIS TRACT CERTAIN PORTIONS OF LAKE WASHINGTON SHORE LANDS AS SHOWN ON SHEETS NOS. 3 AND 4 OF MAP PREPARED BY UDO HESSE AND FILED IN CAUSE NO. 156371 IN THE SUPERIOR COURT OF KING COUNTY ENTITLED SEATTLE FACTORY SITES COMPANY, ET AL VS. ANNIE 1. ADAMS, ET AL, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1, SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 88°51'05" WEST ALONG THE NORTH LINE OF SAID LOT 1, AND ALONG SUCH LINE PRODUCED WESTERLY 960.01 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY; THENCE CONTINUING NORTH 88051*05" WEST ALONG THE NORTH LINE OF SAID LOT 1 PRODUCED WESTERLY 761.39 FEET, MORE OR LESS, TO AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING AN ANGLE POINT UPON THE NORTHERLY LINE OF THE SHUFFLETON STEAM PLANT PROPERTY; THENCE NORTH 43006'56" WEST, ALONG SAID NORTHERLY PROPERTY LINE OF SAID SHUFFLETON PROPERTY, 680.06 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE INNER HARBOR LINE OF LAKE WASHINGTON SHORE LANDS AS LAID OUT BY THE STATE OF WASHINGTON; THENCE SOUTH 46052'27" WEST ALONG SAID INNER HARBOR LINE 607.89 FEET; THENCE SOUTH 43°06'56" EAST 713.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 43006'56" EAST 220.00 FEET; THENCE SOUTH 46°53'04" WEST 220.00 FEET; PAGE 15 A THENCE SOUTH 31°37'23" EAST 448.22 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY MARGIN OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILWAY COMPANY, - THENCE ALONG SAID MARGIN SOUTH 50043'32" WEST 174.00 FEET; THENCE NORTH 20°38'24" WEST 700.61 FEET; THENCE NORTH 46053'04" EAST 215.00 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO PUGET SOUND POWER & LIGHT COMPANY BY DEED RECORDED UNDER RECORDING NO. 8812140277 AND FURTHER DELINEATED AS PARCELS C AND D ON CITY OF RENTON LOT LINE ADJUSTMENT NO. 004-88, RECORDED UNDER RECORDING NO 8808309006; TOGETHER WITH THAT PORTION KNOWN AS PARCEL E OF CITY OF RENTON LOT LINE ADJUSTMENT NO. 004-88 RECORDED UNDER RECORDING NO. 8808309006, DESCRIBED AS: BEGINNING AT THE ABOVE REFERENCED TO THE POINT OF BEGINNING; THENCE SOUTH 43006'56" EAST 3.86 FEET; THENCE SOUTH 14°36'26" EAST 244.87 FEET TO THE TRUE TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 14036'26" EAST 345.29 FEET; THENCE NORTH 31037'32" WEST 309.63 FEET; cv THENCE NORTH 46053'04" EAST 103.03 FEET TO THE TRUE TO THE POINT OF BEGINNING; c:o r^► SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. �s PARCEL 13: THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE ABANDONED BURLINGTON NORTHERN (LAKE WASHINGTON BELT LINE) RAILROAD RIGHT-OF-WAY AND LYING WESTERLY OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S.E.); TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 2 IN SAID SECTION, DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY MARGIN OF THE ABANDONED BURLINGTON NORTHERN (LAKE WASHINGTON BELT LINE) RAILROAD RIGHT-OF-WAY AND THE WESTERLY MARGIN OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S.E.); THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY MARGIN 60 FEET TO THE TRUE TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY AT RIGHT ANGLES THERETO 10 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S.E.); THENCE SOUTHERLY ALONG SAID MARGIN TO THE SOUTH LINE OF SAID GOVERNMENT LOT; THENCE WESTERLY TO SAID SOUTHEASTERLY RAILROAD MARGIN; THENCE NORTHEASTERLY TO THE TRUE POINT OF BEGINNING; PAGE 16 EXCEPT THAT PORTION THEREOF CONDEMNED FOR SR 405 BY KING COUNTY SUPERIOR COURT CAUSE NO. 656127; AND EXCEPT THAT PORTION THEREOF CONVEYZD TO THE CITY OF RENTON FOR WIDENING OF PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO. 9703181422; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 14: THAT PORTION OF THE BURLINGTON-NORTHERN INC. (FORMERLY NORTHERN PACIFIC RAILWAY CO.) 100 FOOT RAILWAY RIGHT-OF-WAY IN SECTIONS 7 AND 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING BETWEEN THE NORTH MARGIN OF NORTH 4'" STREET AND THE SOUTH MARGIN OF NORTH 6'" STREET; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 15: THAT PORTION OF THE BURLINGTON NORTHERN INC.'S 100 FOOT RIGHT-OF-WAY FOR ITS BELT LINE IN GOVERNMENT LOTS 1, 2, 3 AND NORTHWEST 'A OF THE SOUTHWEST'/a OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., AND GOVERNMENT LOTS 1 AND 2 IN SECTION 7, SAID TOWNSHIP AND RANGE, BETWEEN A WEST PRODUCTION OF THE NORTH LINE OF 6' AVENUE NORTH AND A LINE EXTENDING SOUTHEASTERLY AND RADIALLY TO THE MAIN TRACK CENTER LINE AS NOW CONSTRUCTED FROM SURVEY STATION 1068+00 IN SAID CENTER LINE (DISTANT 40.8 FEET SOUTHWESTERLY, MEASURED ALONG SAID MAIN TRACK CENTER LINE, FROM THE SOUTHWESTERLY END OF BURLINGTON NORTHERN INC.'S BRIDGE NO. 3) AND SOUTHEASTERLY OF THE FOLLOWING �a DESCRIBED LINE: .:, BEGINNING AT A POINT 25 FEET SOUTHEASTERLY, MEASURED RADIALLY AND AT RIGHT c= ANGLES TO THE CENTER LINE OF TRACK AS NOW CONSTRUCTED, FROM SURVEY STATION 1068+00; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT 25 FEET NORTHWESTERLY, MEASURED FROM THE SOUTHEASTERLY RIGHT-OF-WAY LINE AT SURVEY STATION 1074+00; a Co, THENCE CONTINUING SOUTHWESTERLY AT AN ANGLE TO THE RIGHT TO A POINT ON THE p. NORTHWESTERLY LINE OF THE 100 FOOT RIGHT-OF-WAY OF BURLINGTON NORTHERN INC. AND SOUTHEASTERLY OF SPUR TRACK HEADBLOCK STATION 8+85.5 THE END OF DESCRIBED LINE AND ¢v END OF DESCRIPTION; SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PAGE 17 r ATTACHMENT 2 Development Regulations Applicable to Phase II Development 1. Development regulations, including, but not limited to the following chapters of Title IV of the Renton Municipal Code: • Chapter 1 • Chapter 2 • Chapter 3 • Chapter 4 • Chapter 6 2. Policies set forth in the City of Renton's Comprehensive Plan (adopted February 20, 1995, amended August 13, 2001). PAGE 18 Vt-A �a 11 /I / s.rl► JRir► The City of Renton's Consent and Certificate The undersigned (the "OV) has entered into certain contracts and agreements including, but not limited to, those listed on Exhibit A attached hereto and made a part hereof (as the same may be amended or supplemented from time to time, the "Agreements") with Transwestern Harvest Lakeshore, L.L.C., a Delaware limited liability company ("Owner"), or its predecessors and assigns, pertaining to the development of, and construction of certain improvements (the "Improvements") on, the land (the "Land") more particularly described on Exhibit B attached hereto and made a part hereof. The City acknowledges that Owner will assign to Bank of America, N.A., a national banking association ("Agent"), as administrative agent for itself and other lenders ("Lenders"), for the benefit of Lenders, all of Owner's rights (but not Owner's obligations) in and to the Agreements as security for the obligations of Owner under an Amended and Restated Loan Agreement (the "Loan Agreement") to be entered into between Owner, Agent and Lenders. The City consents to and agrees to be bound by that assignment. The City further certifies to and agrees with Agent as follows: 1. The Agreements are in full force and effect, and neither Owner nor the City is in default under any of the Agreements. 2. If Owner defaults in making any payment or in performing any other obligation under any of the Agreements, or if any of the Agreements are terminated for any reason, the City will give Agent written notice of the default or termination. Prior to exercising any remedy available to the City under any of the Agreements as a result of a default, the City will afford to Agent a period of thirty (30) days within which to cure the default (it being acknowledged by the City that Agent shall have no obligation to cure any default by Owner). If any of the Agreements are terminated, the City, at the request of Agent, will enter into a new agreement with Agent upon substantially the same terms and conditions as set forth in the terminated Agreement. Any notice of default or termination will be delivered by personal delivery or by a nationally recognized overnight courier service or will be mailed by certified mail, return receipt requested, to the following address: Bank of America, N.A. — Real Estate Group 231 South LaSalle Street IL1-231-12-15 Chicago, Illinois 60697 Attention: Marilyn Weisbrodt Fax Number: (312) 828-2838 [Continued] 'Me Landing - City of Renton Consent and Certificate (4).DOC With a copy to: Through June 30, 2007: Barack Ferrazzano Kirschbaum Perlman & Nagelberg LLP 333 West Wacker Drive, Suite 2700 Chicago, Illinois 60606 Attention: Howard J. Kirschbaum, Esq. Fax Number: (312) 984-3150 After June 30, 2007: Barack Ferrazzano Kirschbaum Perlman & Nagelberg LLP 200 West Madison Avenue, Suite 3900 Chicago, Illinois 60606 Attention: Howard J. Kirschbaum, Esq. Fax Number: (312) 984-3150 3. In the event that Agent or any other party ("Owner's Successor") shall acquire title to the Land through foreclosure or deed in lieu of foreclosure, the City, if requested by Owner's Successor, will continue to perform its obligations under any of the Agreements, provided that any past due amounts owed to the City under such Agreement are paid to the City promptly following the request by Owner's Successor and provided that the City is thereafter compensated for its services, if any, as provided in the Agreement. If the City is not requested by Owner's Successor to continue to perform its obligations under any of the Agreements, then any continuation of such performance by the City shall be solely for the account of Owner, and the City will not assert any claim against Agent or Owner's Successor for any amounts owed to the City under such Agreement. 4. From time to time from and after the date hereof, the City shall execute and deliver such further consents and certificates as Agent may reasonably request to effectuate more fully the purposes and intent of this Consent and Certificate and to further perfect the rights and interests of Agent in and to the Agreements. 5. The City acknowledges that Agent and the Lenders will rely on this Consent and Certificate in making the loan to Owner that is contemplated by the Loan Agreement. [Signature Page to Follow] The Landing - City of Renton Consent and Certificate (4).DOC City has executed and delivered this Consent and Certificate on the Al day of Mey� 2007. CITY: CITY OF RENTON By: Name: Kathyl Keolker Title: Mayor Attest: Bonnie I. Walto, i, City Clerk The Landing - City of Renton Consent and Certificate (4).DOC EXHIBIT A CONTRACTS 1. Development Agreement for the Boeing Renton Aircraft Manufacturing Facility dated June 28, 2002, by and between The Boeing Company ("Boeing") and the City of Renton (the "City"), recorded as Document No. 20020802000224 2. Strander Agreement dated December 4, 2002, by and between Boeing and the City, recorded as Document No. 20060420001032 3. Development Agreement for Renton Plant Development dated December 1, 2003, by and between Boeing and the City, recorded as Document No. 20031210001637 4. Agreement for Improvements to Pubic Infrastructure for The Landing dated June 8, 2006, by and between the City and Transwestern Harvest Lakeshore, L.L.C. ("Transwestern") 5. Parking Garage Agreement for the Landing dated February 16, 2007, by and between the City and Transwestern 6. Parking Garage Operation and Easement Agreement, dated 200� by and between the City and Transwestern [To be executed post -closing] The Landing - City of Renton Consent and Certificate (4).DOC EXHIBIT B LEGAL DESCRIPTION THE LAND PARCEL A: LOTS IA AND 4A OF KING COUNTY LOT LINE ADJUSTMENT, RECORDED AUGUST 8, 2006, UNDER RECORDING NO.20060808900001 IN KING COUNTY, WASHINGTON. PARCEL B: LOT 1 OF KING COUNTY SHORT PLAT, ACCORDING TO PLAT RECORDED OCTOBER 24, 2006, UNDER RECORDING NO.20061024900005 IN KING COUNTY, WASHINGTON. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. TAX ACCOUNT NOS.: 088660-0010-04; 088660-0020-02; AND 088660-0029-03 The Landing - City of Renton Consent and Certificate (4).DOC