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HomeMy WebLinkAboutPermit L01-074 - BALMELLI DANIEL - TUKWILA SOCCER CENTER DESIGN REVIEWLO1-074 TUKWILA SOCCER CENTER E END OF STRANDER BL & E OF WEST VALLEY HWY (SHORELINE) .. _ _r:.i-keaat _...Yra geYw,t, 2. :YY'iv'Nfir...v'...:wwwi May 09 02 03:28p Ken in Dornay Marshall 421 192 -7071 KENYON DORNAY MARSHALL, PLLC p.1 Z THE MUNICIPAL LAW FIRM = l ' W r4 2 11 FRONT STREET SOUTH � ISSAQUAH, WASHINGTON 98027 -3820 UO (425) 392 -7090 _1 ° (206) 628 -9059 w co = FAX (425) 392 -7071 J Wu_ wO FACSIMILE TRANSMISSION FORM 2 a to D =O I.... W Z = I— I— O Z I•— W W NUMBER OF PAGES: 3 (including cover sheet) U SENT BY: Robert Noe/Margaret Starkey W W 1— LL. O Iii z U2 1= o ff. DATE SENT: May 9, 2002 TO: Jim Morrow FIRM: City of Tukwila FAX NUMBER: 206/431 -3665 PHONE NUMBER: REGARDING: McLeod Development Access Issue COMMENTS: Please call (425) 392 -7090 if this facsimile is defective, incomplete, or received in error. The information contained in this f acsimile Ls confidcntial and privileged. The information is intended only for the rue. of the individual or entity to whom it is addressed. If you are not the intenddi recipient, or the employee or agent responsible for delivering it to the intended recip itxtt, you are hereby noted that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received the facsimile in error, please immediately notify us by calling (425) 392 - 7090, and return the original m =sage to us at the address above via the U.S. Postal Service. Thank you. z ' May 09 02 03:28p MICHAEL R. KENYON MARGrrn A. DORNAY LISA M. MARSHALL ROBERT F. NoE BRUCE L. DISEND SANDRA S. MEADOWCROFr James Greenfield Davis Wright Tremaine, LLP 1501 4th Avenue, Ste. 2 600 Seattle, Washington 98101 -1664 Dear Jim: Ken n Dornay Marshall KENYON DORNAY MARSHALL, PLLC THE MUNICIPAL LA FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027-3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 May 9, 2002 Re: McLeod Development Access Issue As we discussed, this letter follows our meeting of last week regarding access to your client's proposed development project across the Strander unopened right of way. I have had the opportunity to review the relevant documents in light of your comments. Based upon my review of the documents and based upon the history of proposed development .at the property giving rise to those documents, I am prepared to set forth the City's position with respect to the access issue. First, as discussed at our meeting last week, I believe that the 1992 developer's agreement cannot be relied upon as a basis for asserting that your client is entitled to access at the unopened right of way. As you will recall, the City put forth several reasons why the 1992 agreement cannot be relied upon. We discussed laches, the intent behind the 1992 agreement, the scope of the original agreement in light of the MDNS, comprehensive plan amendments, and rezone, and the limitation of any potential remedy contained within the text of the agreement. Second, I have now reviewed the documents purporting to provide access rights to your client over UPRR property. The documentation demonstrates that your client has a "license" for access across UPRR lines and that such license can be revoked with 30 days notice. The 1992 developer's agreement provides that your client must obtain an easement across UPRR lines to gain access to Strander. See provision 1.7 of the agreement. The license does not satisfy the requirement that an easement be obtained. An easement, unlike a license, contemplates a perpetual ownership right in the subject property that runs with the land. Also, the license UPRR provided to your client is quite restrictive and does not provide the type of access contemplated under the 1992 agreement through an easement. The license does not provide for free and unfettered movement of traffic across UPRR lines. Instead, at Section 2, subparagraph (c), it provides that the crossing be "closed and locked at all times ". Further, because your client merely has a license and not an ownership interest in the UPRR property, your client's property does not abut the City's unopened right of way for purposes of any "right to access" analysis. \\PSI\SYS \APPS \CP\Tukwila\LertefLTR00023 - McLeodaccI.doc/RI'N/03 /09/02 SERVING WASHINGTON CITIES SINCE 1993 a, lft rar'!f?m*.*+netrw.q».aes.»v 42E"192-7071 p.2 ELIZABETH A. ABBOTT STEVE C. KARIM' STEPHEN R. KING HEIDI L. BROSIUS DAVID B. ST.PIERRE DARIN H. SPANC, May 09 02 03:29p James Greenfield May 9, 2002 Page 2 trotin Ket. 5n Dornay Marshall Third, the proposed extension of Strander envisions, under both the City's Capital Improvement Plan and Transportation Improvement Plan, that the extension will be accomplished with a grade separation. Even if your client is entitled to access at Strander, the City's position is that your client must provide for access incorporating grade separation consistent with the City's planning. Further, it appears that the parties contemplated that if the Strander access became "public" access, then such access would be accomplished with an underpass. Importantly, grade separation is really the only method of access that makes sense from a public safety standpoint. Grade separation eliminates any possibility of automobile and train collisions. The possibility for such collisions exists with an at grade crossing. Given the nature of the proposed use at the property, an at grade crossing is simply unacceptable to the City. The City believes that the WUTC would support the City's position on this issue. Lastly, we should talk about your client's proposed project in light of the Strander extension project. The Strander extension project will likely result in a significant taking of your client's property. Of particular concern is the difference in elevation that will likely exist between the Strander extension and your ,client's property based on preliminary planning and design. A significant portion of your client's property will be required to accomplish access to Strander because of the difference in elevations. Given this problem, and the extent of the taking that may be necessary to build the Strander extension, we may wish to discuss the possibility that the City simply acquire the property it will need for the Strander extension now. Let me know how you wish to proceed. As indicated, the City believes that it would be prudent to engage in additional discussion about the impact of the Strander extension project on your client's property before your client goes forward with the project. Very truly yours, KENYON DORNAY MARSHALL, PLLC \ \FS1 \SYS\APPS \C1V\Tukwila \Letter\LTR00023 - McLcadacclt.duc/RFN /05/09/02 cc: John McFarland, City Administrator Jim Morrow, Director of Public Works Steve Lancaster, Director of the Department of Community Development Ma.•'awr, - ,cs m xeusa.er4sr�lwi� wa;5i ".0 42A` ';''' -7071 p.3 THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE MAY BE PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED BELOW. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, (COLLECT IF NECESSARY) AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. MAIL. THANK YOU! Date: May 1, 2002 FROM: Jim Greenfield SEND TO: NAME John McFarland Steve Lancaster Jim Morrow Jack Pace Robert Noe Lew Delo Stuart McLeod ;`. PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE. "'yy (2-D <3). PLEASE NOTIFY US IMMEDIATELY AT (206) 622 -3150 IF NOT RECEIVED PROPERLY. z . .._ y. $ 4? THANK YOU! > °� COMMENTS /SPECIAL INSTRUCTIONS: Floor Sent From: RETURN TO SENDER: avis Wright Tremaine r LAW OFFICES 41*Cl 2600 Century Square 1501 Fourth Avenue - Senttic. Washington 9810I.1688 (206) 622 -3150 Fax: (206) 628 -7699 FAX COVER SHEET F :IDOCS\STONM\FAX\mcleod tukwila,doc Seattle /0S /O1 /02 Time Sent:6 /1/02 12 :57 PM TELEPHONE: (206) 628 -7679 FIRM /COMPANY /CONFIRMATION NO. City of Tukwila / 433 -1832 City of Tukwila / 431 -3670 City of Tukwila / 433 -0179 City of Tukwila / 431 -3670 425 -392 -7090 503 - 228 -3299 (425) 822 -4114 Total Pages To Be Sent: (Including cover page) FAX: (206) 628 -7699 FAX NUMBER 433 -1833 431 -366 - 431 -3665 ✓ t'°Py 431 - 366�p6 ' " 425- 392 -7071 503 -228 -1890 (425) 827 -9990 Time Sent: AM PM Operator. VIA INTRAOFFICE MAIL ❑ WILL PICK UP ❑ EXTENSION: 7548 Q • I I z aU 00 w i F- U) w w u Q ct rn� I I -w z = F^ F- O • i— LLJ U • ci oI- wW • 0 L I o w Z . = O ~ z Davis Wright Tremaine LLP y :vei,AU' Y 5 A S ANCHO1tAGE HELLEVLIE HONOLULU LOS ANGELES NEw TURK PORTLAND SAN FI.ANCISCO SEATTLE SHANGHAI WASHINGTON, D,C. JAMES A. GREENPIELD DIABcT (206) 628 -7679 jimgieenfield ®dmt.com April 30, 2002 Steven M. Mullet Mayor of the City of Tukwilla 6200 Southcenter Boulevard Tukwilla, WA 98188 2600 CENTURY SQUARE 1501 FOURTH AVENUE SEATTLE. V/A 98101-1688 TEL (206) 622 -3150 FAX (206) 628 -7699 www.dwt.com Re: McLeod Properties / Tukwila Soccer Center Facility Dear Mayor Mullet: Our firm represents Stuart McLeod and McLeod Properties (collectively "McLeod "). We are writing in response to the City's letter dated April 4, 2002 (Attachment A) and the subsequent follow -up meeting with the Department of Community Development regarding the proposed Tukwila Soccer Center Facility. The getter center developer plans to purchase property owned by McLeod and located at the east end of Strander Boulevard for use as an indoor soccer facility. The developer has a development application pending with the City of Tukwila under file numbers: SEPA E01 -029 and Design Review L01 -074. In both its April 4letter and during the meeting with Community Development, the City has taken the position that the subject property lacks legal access. This conclusion is wrong as a matter of law. McLeod has a right to access the subject property pursuant to a 1992 Developer's Agreement between McLeod and the City of Tukwila. In addition, McLeod has a right of access under common law governing a landowner's right of ingress and egress to his property. Background The subject of access to the McLeod property via an extension of Strander Boulevard has been in the works for over a decade. In 1990, the two strips of land between the end of Strander Boulevard and the McLeod property were owned by Puget Power and Union Pacific Railroad. At that time, Mr. McLeod began negotiations with both Puget Power and Union Pacific for a 11 SEADOCS0I IDOCSIDOCS12922011100091L1RDOC Seattle z • . • Z '~ W cc 2 6 UO U) W J H N LL WO U- = W z Zo U.1 Lu 0 O - O I— W W � - L I O i1i z U= O ~ z Steven M. Mullet April 30, 2002 Page 2 The City's Denial of Access 11SEAD OCS011DOCS\DOCS129220\1100091 LTR.DOC Scattlo private right of access to his property across the two strips of land. The City of Tukwila was involved in and supportive of the McLeod development effort and the means of access. w On April 20, 1992, the City and McLeod entered into a Developer's Agreement. The Agreement contained the following recital: "Whereas, future development of the Property will create a need o o for vehicular access from West Valley Highway and Strander Boulevard and additional public cn W right -of- way." The Agreement provides that "The Owner shall provide a continuation of Strander Boulevard as a private road from the eastern terminus of Strander Boulevard to the co LL edge of the roe w western ed g property rty .... The access/utilities easements or permits shall run for the life of any project resulting from this rezone for access and utilities crossings of railroad and powerline right-of-ways." (Para. 1.7). u co 2 In exchange for McLeod's no- protest agreement with respect to the formation of future L.I.D.s, Z including an L.I.D. for the purpose of extending the Strander Boulevard right -of -way and other I- 0 connections, the City agreed to "ensure that access to the [McLeod) property is provided by z E- some means from the West Valley Highway." (Paras. 1.8, 2.3) McLeod further agreed to dedicate the necessary 60 foot right -of way at a particular price, and waived certain other rights o to compensation. o ~ ww In furtherance of the Development Agreement with the City, McLeod proceeded to negotiate I v access across the Puget Power and Union Pacific properties. The City was intricately involved in "—' z the negotiations. McLeod negotiated a private right -of -way with Puget Power for $9,900 in consideration. The City requested that the right -of -way be given directly to the City and McLeod agreed, secure in the knowledge that he had a Developer's Agreement with the City z which provided for access to his property via Strander Boulevard. The City did not pay any of the $9,900 sum for the right of way. In 1996, a private crossing agreement was executed by McLeod and Union Pacific, for $118,203 in consideration. Despite the 1992 Developer's Agreement and the fact that McLeod paid for the Puget Power right -of -way, the City now maintains that McLeod has no legal access to the subject property. The April 4, 2002, letter flatly states, "the City has no intention of opening the unimproved right - of -way that you propose to use." The City has done so, without explanation. In the meeting with Community Development following the April 4 denial letter, no reason for the City's position was given. However, documents from both the City of Tukwila and the City of Renton indicate that planning is currently underway to open this portion of Strander Boulevard as part of the Strander boulevard/27 Street Corridor Improvement Project. Thus, even without the Developer's Agreement between McLeod and the City, there would be no justification, on access grounds, for denying the soccer facility application. Steven M. Mullet April 30, 2002 Page 3 The City also cannot ignore a property owner's common law right of ingress and egress to his property. An abutting landowner has a right to use a dedicated but unopened street where use made is private and does not interfere with the public. Enforcement of McLeod's Right of Access The City's arbitrary denial of access will not withstand legal scrutiny. McLeod has not asked the City to open this portion of the Strander right -of -way as a public street. McLeod expects only that the City not deny McLeod the right to use this property for a private road until the City opens it publicly. This is what the parties contemplated when they executed the 1992 . Developer's Agreement. If the City continues to deny access to the property and thereby interfere with McLeod's reasonable enjoyment of the property, including the pending sale to the soccer facility developer, McLeod will be forced to seek judicial relief. McLeod's claims against the City may include claims for breach of the 1992 Developer's Agreement, inverse condemnation, tortious interference with business expectancy, and unjust enrichment. McLeod and the developer of the soccer facility very much wish to resolve this matter without resort to litigation. However, the City's resent actions currently leave McLeod with no other option. If no progress has been made on these issues by May 8, McLeod will seek legal relief. We look forward to your prompt response. Very truly yours, Davis Wright Tremaine LLP C , es A. Greenfield ergitta K. Trelstad Cc: John McFarland Steve Lancaster Jim Morrow Jack Pace Robert Noe Lew Delo Stuart McLeod \\SEADOCSO l \DOCS\DOC x\29220\1100 091 LTRDOC Seattle e13fAS*=i•+ APR 04 '02 11: 02AM TUK,WILr-I D D /PW P.2/4 April 4, 2002 Daniel K. Balmeill, P.E. Executive Vice President Barghausen Consulting Engineers 18215 72nd Avenue South Kent, Washington 98032 VIA FAX 425 -251 -8782 City of Tukwila Department of f Community Development Stewart McLeod McLeod Properties 213 Lake Street South Kirkland, Washington 98033 V(A FAX 425 -827 -9990 Re: Tukwila Soccer Center Facility East end of Stranger Blvd & east of W. Valley Hwy. Tax Parcel Number 252304 -9006 SEPA (E01 -029) and Design Review (L01 -074) Gentlemen: Sincerely, 1t Jk Pace D puty Director Department of Community Development cc Jim Morrow, Director, Public Works Nora Giertoff, Planning Supervisor Deborah Ritter, Senior Planner Cindy Knighton, Senior Transportation Engineer David McPherson, Associate Engineer Lt. Don Tomaso. Fire Prevention Officer Willi Aigner Oregon Soccer Center, Inc. 17015 S,E, 82nd Drive Clackamas, Oregon 97 015 VIA FAX 503- 655 -9536 We have received and reviewed your March 26th submittal as well as the March 25th letter from the Union Pacific Railroad ( "UPRR "), In their fetter, the UPRR indicated that it has witharawn its January 30th objections and that it will now allow patrons of the soccer facility to cross the UPRR tracks. It is our understanding that you propose to provide access to your development site by crossing the UPRR tracks from an unopened and unimproved City or Tukwila right -of -way, However, after caretuliy reviewing your proposal, your site still lacks legal access. The City has no intention of opening the unimproved right -of- way that you propose to use. We recommend that you meet with us as soon as possible to discuss what other aiternatives may be available to you. If you wish to make arrangements for such a meeting, please contact me at 206 - 431.3686, As stated in our March 8th letter, if you do not contact us by April 3Dth the above - referenced files will be closed. Steven M, Mullet, Mayor Steve Lancaster, Director 6300 Svuthcenter Boulevard, Suite 1 • Tukwila, Washington 98188 • Phone: 206.431.3670 • Fax: 206.431.3665 a. • April 29, 2002 Daniel K. Balmelli, P.E. Executive Vice President Barghausen Consulting Engineers 18215 72nd Avenue South Kent, Washington 98032 VIA FAX 425 - 251 -8782 Gentlemen: Sincerely, g6, City of Tukwila Stewart McLeod McLeod Properties 213 Lake Street South Kirkland, Washington 98033 VIA FAX 425 - 827 -9990 cc: Jim Morrow, Director, Public Works Nora Gierloff, Planning Supervisor Deborah Ritter, Senior Planner Cindy Knighton, Senior Transportation Engineer David McPherson, Associate Engineer Lt. Don Tomaso, Fire Prevention Officer Department of Community Development Re: Tukwila Soccer Center Facility East end of Strander Blvd & east of W. Valley Hwy. Tax Parcel Number 252304 -9006 SEPA (E01 -029) and Design Review (L01 -074) Jack Pace Deputy Director Department of Community Development Willi Aigner Oregon Soccer Center, Inc. 17015 S.E. 82nd Drive Clackamas, Oregon 97015 VIA FAX 503 - 655 -9636 Steven M. Mullet, Mayor Steve Lancaster, Director Per our March 8th and April 4th letters, you were advised that we would close the above - referenced files if we had not heard from you by April 30th. We have received your April 23rd letter, requesting a 90 -day extension to allow you adequate time to resolve the access issue. This letter is to acknowledge our approval of your request and to formally extend the deadline from April 30, 2002 to July 31, 2002. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 04/, ^ 45/2002 07:25 FAX 425 251 8782 Dear Jack: Jack Pace, Deputy Director Department of Community Development City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 BARGHAUSEN RE: Request for Extension for Tukwila Soccer Center Facility City of Tukwila SEPA No. E01 -029 and Design Review No. L01 -074 Our Job No. 10320 CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES April 23, 2002 Facsimile: (206) 431 -3665 Rk- f \";, 2 .) 2002 COMMUNITY DEVELOPMENT Thank you for meeting with us recently to discuss the access issues related to the proposed Tukwila Soccer Center facility. Subsequent to our April 11, 2002, meeting, my client eiirerted our office to determine the feasibility and estimated construction costs to provide access to the proposed project irs,nn L,c»,gacres Way located north of the project, as recommended by Mr. Jim Morrow. I am attempting to im.'et with the Public Works Department to determine the minimum required section and roadway improvements, which will be necessary to serve the project from the north end so that I can complete an estimate of the construction costs. Your April 4, 2002, letter indicates that we must contact you by April 30, 2002, to discuss alternatives to the Strander Boulevard extension, or the project files will be closed. The applicant has met with City Staff and is diligently pursuing a resolution to the access issue so that we can continue processing the application for this project. However, additional time beyond April 30, 2002, will be needed to resolve this issue. Therefore, we are requesting a 90-day extension to allow us adequate time to resolve the access issue. Please respond to our request at your earliest convenience. Thank you for your assistance and cooperation. DKB/bq/bd 10320c.006.wpd cc: Will Aigner, Oregon Soccer Center, Inc. Stuart McLeod, McLeod Properties Lew Delo, Delo & Bowers Jim Morrow, City of Tukwila Public Works Director Nora Gierloff, City of Tukwila Planning Supervisor Deborah Ritter, City of Tukwila Senior Planner Cindy Knighton, City of Tukwila Senior Transportation Engineer Sincerely, Daniel K. Bahnelli, P.E. Executive Vice President 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX www.barghausen.com u ,,re§zh�pt�aw�t�tta��C u L NG ENG Jack Pace, Deputy Director Department of Community Development City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 RE: Request for Extension for Tukwila Soccer Center Facility City of Tukwila SEPA No. E01 -029 and Design Review No. L01 -074 Our Job No. 10320 Dear Jack: Sincerely; DKB/bq/bd 10320c.006.wpd cc: Willi Aigner, Oregon Soccer Center, Inc. Stuart McLeod, McLeod Properties Lew Delo, Delo & Bowers Jim Morrow, City of Tukwila Public Works Director Nora Gierloff, City of Tukwila Planning Supervisor Deborah Ritter, City of Tukwila Senior Planner Cindy Knighton, City of Tukwila Senior Transportation Engineer CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES April 23, 2002 Facsimile: (206) 431 -3665 � r.71 tt (V 'C ..n t ' C3 ( i �•,� Laea `,. M ti , . �� bid E� � l'� s APR 2 6 2002 C COMM Nfl EVE 10 'MFN Thank you for meeting with us recently to discuss the access issues related to the proposed Tukwila Soccer Center facility. Subsequent to our April 11, 2002, meeting, my client directed our office to determine the feasibility and estimated construction costs to provide access to the proposed project from Longacres Way located north of the project, as recommended by Mr. Jim Morrow. I am attempting to meet with the Public Works Department to determine the minimum required section and roadway improvements, which will be necessary to serve the project from the north end so that I can complete an estimate of the construction costs. Your April 4, 2002, letter indicates that we must contact you by April 30, 2002, to discuss alternatives to the Strander Boulevard extension, or the project files will be closed. The applicant has met with City Staff and is diligently pursuing a resolution to the access issue so that we can continue processing the application for this project. However, additional time beyond April 30, 2002, will be needed to resolve this issue. Therefore, we are requesting a 90 -day extension to allow us adequate time to resolve the access issue. Please respond to our request at your earliest convenience. Thank you for your assistance and cooperation. 00146. Daniel K. Balmelli, P.E. Executive Vice President 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX www.barghausen.com -. .. .....,... ...�..':i�_��'L"'.:'`...w.._... , . �x� r.,. 4 v�'. �. 3 . . April 4, 2002 Daniel K. Balmelli, P.E. Executive Vice President Barghausen Consulting Engineers 18215 72nd Avenue South Kent, Washington 98032 VIA FAX 425 - 251 -8782 Gentlemen: Sincerely, City of Tukwila Department of Community Development It is our understanding that you propose to provide access to your development site by crossing the UPRR tracks from an unopened and unimproved City of Tukwila right -of -way. However, after carefully reviewing your proposal, your site still lacks legal access. The City has no intention of opening the unimproved right -of- way that you propose to use. Stewart McLeod McLeod Properties 213 Lake Street South Kirkland, Washington 98033 VIA FAX 425 - 827 -9990 Re: Tukwila Soccer Center Facility East end of Strander Blvd & east of W. Valley Hwy. Tax Parcel Number 252304 -9006 SEPA (E01 -029) and Design Review (L01 -074) We have received and reviewed your March 28th submittal as well as the March 25th letter from the Union Pacific Railroad ( "UPRR "). In their letter, the UPRR indicated that it has withdrawn its January 30th objections and that it will now allow patrons of the soccer facility to cross the UPRR tracks. We recommend that you meet with us as soon as possible to discuss what other alternatives may be available to you. If you wish to make arrangements for such a meeting, please contact me at 206 -431 -3686. As stated in our March 8th letter, if you do not contact us by April 30th the above - referenced files will be closed. J - k Pace D-puty Director Department of Community Development cc: Jim Morrow, Director, Public Works Nora Gierloff, Planning Supervisor Deborah Ritter, Senior Planner Cindy Knighton, Senior Transportation Engineer David McPherson, Associate Engineer Lt. Don Tomaso, Fire Prevention Officer Willi Aigner Oregon Soccer Center, Inc. 17015 S.E. 82nd Drive Clackamas, Oregon 97015 VIA FAX 503 - 655 -9636 Steven M. Mullet, Mayor Steve Lancaster, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 August 1, 2002 Daniel K. Balmelli, P.E. Executive Vice President Barghausen Consulting Engineers 18215 72nd Avenue South Kent, Washington 98032 Gentlemen: Sincerely, T,Licack iete4)_. Deborah Ritter Senior Planner cc: City of Tukwila Stewart McLeod McLeod Properties 213 Lake Street South Kirkland, Washington 98033 Re: Tukwila Soccer Center Facility East end of Strander Blvd & east of W. Valley Hwy. Tax Parcel Number 252304 -9006 SEPA (E01 -029) Design Review (L01 -074) Steve Lancaster, Director, Community Development Jim Morrow, Director, Public Works Cindy Knighton, Senior Transportation Engineer David McPherson, Associate Engineer Lt. Don Tomaso, Fire Prevention Officer Department of Community Development Willi Aigner Oregon Soccer Center, Inc. 17015 S.E. 82nd Drive Clackamas, Oregon 97015 Steven M. Mullet, Mayor Steve Lancaster, Director On April 29th we granted Mr. Balmelli's written request for a 90 -day extension on the above - referenced SEPA and Design Review files. This is to notify you that the 90 -day extension period expired on July 31, 2002 and that these files are now closed. Should you have any questions, you may contact me at 206 -431- 3663. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665 J. W. TRUMBULL Manager Industrial & Public Projects March 25, 2002 UNION PACIFIC RAILROAD COMPANY ENGINEERING SERVICES DEPARTMENT UNION PACIFIC City of Tukwila Department of Community Development 6300 Southcenter Blvd. Suite #100 Tukwila, WA 98188 Attn: Deborah Ritter — Planner Subject: L01 -074 (Design Review) E01 -029 (SEPA) RECERIED 5424 S. E. McLoughlin Blvd. Portland, OR 97202 (503) 872 -1809 Fax: (503) 872 -1900 DEVELOPMENT 4,. MAR 2 7 2002 C OMMUNfry OEV. LDPIENl . Stuart McLeod has provided us with information that indicates our company made a prior contractual commitment with McLeod Development (and with Sound Transit) to allow members of the public to cross the tracks at MP 179.09. We have come to the conclusion that, to the extent our January 30, 2002 objections to indoor soccer facility project were based on members of the public using the crossing, we must withdraw those objections. The Tukwila Soccer Center developer has agreed to make modifications to the project that address our remaining concerns, including the placement of fencing, and a prohibition against pedestrian use of the crossing. In addition, the Tukwila Soccer Center developer has acknowledged that UP's agreement to assign the existing crossing agreement to the purchaser of the McLeod property does not constitute a waiver of UP's right to terminate the crossing agreement should UP determine the need to do so in the future. Specifically,the Tukwila Soccer Center developer understands that the railroad plans to exercise its rights to terminate the crossing agreement if and when the Strander Blvd. underpass project comes to fruition. Cc: Sturat McLeod Sincerely, John W. Trumbull Manager Industry and Public Projects �rwdcm :�:s�f"uy��*eu.aslil!etirz'�i�i Deborah Ritter Associate Planner City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 March 18, 2002 Facsimile: (206) 431 -3665 RE: Tukwila Soccer Center Facility City of Tukwila File Nos. SEPA (E01 -029) and Design Review (L01 -074) BCE Job No. 10320 Dear Deborah: DKB /rh/bd 10320c.005.wpd enc: As Noted cc: Willi Aigner, Tukwila Soccer Centers, Inc. (w /enc) Jim Morrow, City of Tukwila Public Works Director (w /enc) Greg Zimmerman, City of Renton Administrator (w /enc) Lew Delo, Delo & Bowers (w /enc) Stewart McLeod, McLeod Properties (w /enc) John Emanuels, Leibsohn & Company (w /enc) Frank Heffernan, MulvannyG2 Architecture(w /enc) Jeff Schram, TENW (w /enc) CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES Sincerely, Daniel K. Balmelli, P.E. Executive Vice President 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX www.barghausen.com In response to your March 8, 2002, letter, the property owner, developer, and our office have been working with the Union Pacific Railroad Company (UPRR) to address the issues outlined in John Trumbull's January30, 2002, comment letter regarding the proposed Soccer Center facility. Enclosed is a March 25, 2002 letter from John Trumbull of UPRR indicating that the issues have been addressed to the satisfaction of UPRR and UPRR will provide access to the facility at the Strander Boulevard railroad crossing. With submittal of this additional information, we are requesting that the City proceed to complete their review of the proposed project. Thank you. .„ 10:11 �. w. TRUMBULL Manager Industrial 9 Public Projects March 25, 2002 503- 872 -1900 UPRR. SUPT. POF »= 43ND UNION PACIFIC RAILROAD COMPANY PIONEERING SERVICEA DEPARTMENT City of Tukwila Department of Community Development 6300 Southcenter Blvd. Suite #100 Tukwila, WA 98188 Attn: Deborah Ritter — Planner Subject: L01 -074 (Design Review) E01 -029 (SEPA) 8424 E. McLoughlin Btvd. PocUan i. Ole 97202 (SO) 1172-1013e For W3)87341:00 Stuart McLeod has provided us with information that indicates our company made a prior contractual commitment with McLeod Development (and with Sound Transit) to allow members of the public to cross the tracks at MP 179.09. We have come to the conclusion that, to the extent our January 30, 2002 objections to indoor soccer facility project were based on members of the public using the crossing, we must withdraw those objections. The Tukwila Soccer Center developer has agreed to make modifications to the project that address our remaining concerns, including the placement of fencing, and a prohibition against pedestrian use of the crossing. In addition, the Tukwila Soccer Center developer has aolmowledged that UP's agreement to assign the existing crossing agreement to the purchaser of the McLeod property does not constitute a waiver of UP's right to terminate the crossing agreement should UP determine the need to do so in the future. Specifically,the Tukwila Soccer Center developer understands that the railroad plans to exercise its rights to terminate the crossing agreement if and when the Strander Blvd, underpass project comes to fruition. Cc: Sturat McLeod ZO'd 2T:60 O. SZ -DPW Sincere ly, John W, Trumbull Manager Industry and Public Projects 0666 -d 8 -SZV : Xed PAGE 02/02 ONI df10219 G0319W t March 8, 2002 Daniel K. Balmelli, P.E. Executive Vice President Barghausen Consulting Engineers 18215 72nd Avenue South Kent, Washington 98032 VIA FAX 425 - 251 -8782 Gentlemen: Sincerely, Deborah Ritter Associate Planner City of Tukwila Department of Community Development Re: Tukwila Soccer Center Facility East end of Strander Blvd & east of W. Valley Hwy. Tax Parcel Number 252304 -9006 SEPA (E01 -029) and Design Review (L01 -074) cc: Jim Morrow, Director, Public Works Jack Pace, Planning Manager, DCD Cindy Knighton, Senior Transportation Engineer David McPherson, Associate Engineer Lt. Don Tomaso, Fire Prevention Officer —_ __ -_ -_ -_. - --- - -__._ wt +ww�l �li Wi.. T. . +uatWa wa i:4.i� "iuStiliA vt a Stewart McLeod McLeod Properties 213 Lake Street South Kirkland, Washington 98033 VIA FAX 425 - 827 -9990 Willi Aigner Oregon Soccer Center, Inc. 17015 S.E. 82nd Drive Clackamas, Oregon 97015 VIA FAX 503 - 655 -9636 Steven M. Mullet, Mayor Steve Lancaster, Director As we advised in our February 1, 2002 letter, we will not continue processing your application until you have supplied documentation clearly demonstrating that the proposed development will have legal access. If you do not supply this documentation on or before April 30, 2002 (120 days from the date of your application) the above - referenced files will be closed. If you have any questions, please contact me at 206 -431 -3663. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665 -. .. *00 ' ✓ r• vl'y 44 • • After Filing Return To Stuart. McLeod cLmod Development, Co . 213 Lake Street South ::. Kirkland, WA 98033 B - 2002022100126 a;: FIRST AMERICAN PAGE 001 OF 007 '02/21/2002 13 81 KING.. OUNTY , WA MEMORANDUM OF TERMINATION' OF DEVELOPER'S AGREEMENT S 73tS: .- C,3- 5?) Reference Number of Document Released: „.:9404131437 Grantor: + ,McLeod Development Company 1ST AM Grantee City'of Tukwila : . . Abbreviated`Legal? Description (additional legal description is on Exhibit A of document) A PTN -of Gov Lot 8, Sec 24, Twn 23, Rge 4E; A PTN of Gov Lot 1,, Sea 25, Twn 23, Rge 4E, A PTN of Sections +24 and 25,•.Twn23, Rge 4E and A PTN of Henry Meader Donation Claim NO 46 Assessor's Property Tax Parcel Account Numbers: 242304 000580 -0013 and 000580-0021 , "' This Memorandum of Termination of Developer's Agreement•s made as of February 12, 2002, by MCLEOD DEVELOPMENT COMPANY, a Washington limited liability company ( "Owner ") Owner and the City of Tukwila entered into a Developer's Agreement dated as of March 28, 1994, which was recorded under King County File No 9404131437 (the "Agreement "), and covers the property described on Exhibit A attached hereto (the "Property") Paragraph 4 of the Agreement provides that the Agreement shall terminate automatically if Owner does not develop (or abandons development of) the Property as an exhibition center Owner hereby confirms that it has abandoned development of the Property as an exhibition center, and isexecuting this Memorandum to evidence that the Agreement has terminated and should be removed of record. MCLEOD DEVELOPMENT COMPANY F \DOCS\29220\13\RELEASE DEV AGM DOC Seattle/2 11 02 J "rli:ri +:•u,s'.i .•:. R> c: ?r�w�:1:.y, ;(G.;i'vri•JV'��:c i:±r+S.i.:.r.i.:).::.`,te<t �. f•' e3ii['• 15. :' �Ctat1' 16' 1:%PK6'1'�M+JM�.1:.4!a4.'F!GMM[ H�.(i �.�Q..u,NN.WU STATE 0 doN*.6F.,,,:ild On this '43 day of 2002, before me, a Notary Public in and for the State of Washmgtonp,ersonally.appeared MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated ifiatHE-was authorized to execute the instrument, and acknowledged it as the PRESIDENT of MCLEOD DEVELOPMENT COMPANY to be the free; iicl'iroluntary act and deed of said corporation for the uses and purposes mentioned in the instrument „.. - iN,WiTNESS WHEREOF, I have hereunto set my hand and official seal the day and year firseatioye Written F \DOCS\292201131RELEASE DEV AGM DOC Seattle/2 11 02 SS Y UBL C in and for the State of ashington, residing at / 6-6/c 6,,e,tre . , 'appointment expires 9 - 2:0 - Print Name 4 ,. 4.70 Ac eit That port;_en` o•: gaaernmenc .Lot 8 in Section 24, T23N, R4E, WM, a.nd the Henry Meader C' C.;" J10 :'! 46 in,ea,id Section 24, deaeribed an follows: Begin - ling on the east line -• of . :the Chicago Milwaukee and St. Paul Railway right -of -way 137 fioet sodth'o,f the.north line of /said Henry Meader D.C. No. 46; Thence easterly and parallel to amid north lino of the D.C. 285.54 foot, more or lean, to the went lino of the Northern Pacific Rahway right -of -way; Thence northerly and northwesterly curving to the left along said west Line of the right -of -way 916 feet, more or lade, to the southerly lino of the Renton Junction County Road No. 1139 (South 153rd Street Thence mouth, :'80749 west along said southerly line of County Road 80.7 feet, lean, to the aaaterly line of said Chicago 4:.1wauke'e and' S[..} { ,Pau.I Railway right -of -way; T hence "'aoutherle along amid Line - of right -of -way 881 ` more or less, to the beg ?inning font, 1 C° Woehingtn. r C7 Together. with ttiit pc• of vacated South 153rd Street adjoining, which upowkvacation:`att•ached zo; ° :caid property by operation of law; ; Except portion there :if cOnVeya "'eV the State of Washington for prinitry State Highway No 1,`: Jct, SSH 2z.'4.1 to Jct. PSH No 2 in Renton, b'y deed recorded under Recording No 55077460; Situ in the ; City of Tukwila, county of Xusg, State of c _ Washington. °A perrmanent Section 23 and of ; :T ukw.ila'.; / described aa: casement for ,accee..n -• u and" uti.1ita.ea In the SW 1/4, Section 2'5 T23N, R4E, WM, in the City the NW 1/4. Sa4d^eaeoncrit dOecribedaa the wezterly 22 feet and the eaetoxly 22 foot of tf e,.,wq.eterL' ;:75 fcet=b.etween the Seattle Water Department C.R. P.L. 44 and , ,.tle, acce'se eaaemcr t from South 158th Street, and the South 158th Street ;acces,a caeenentNof the parcel of land Situated in the City of Tukwila, 9.60 Ac That portion of Henry Meador Donation. 4'6' in Section 24 and 25, T23N, R4E, WM, Lying vent of the Batik right -of -stay, east of the Oregon - Waehington Railroad and Navigation Company right -of- way and south of a Line 137 feet south of the north line of said donation claim and north' of the City of Seattle Bow Lake pipe line right -of -way: County of sting, State of All that porti o'f Go Lot 11 and all that portion or Senry Header Donation Cl'aain WO .„46 in .:the "norxh 1 /2,of the northwest 1/4 and that portion of the •`Southeae"t /4 :,of ` the northw' t 1/4 all /situated in Section 25, T23N R4B, (M, ae follows: A the Chicago, Milwaukee and St. Paul main track center Lino as `:;,located and constructed, ae convoyed by deed recorded under Recording Noa :::.453941 and 453943; On the east by a-line dra parallel with and distant 50 feat 9.15 Ac westerly measured at ` r : ight angles . to , NAR,..Company' a old main line track center line as now locatedand,conetructed; On the south by a line drawn parallel.`wit•h and.:-.ddi;tant 330 feet eoutharly at right anglers to the south., liie:.of: eaid Lot 11; On the north by the south margin of the City o.f /Seattle, by deed recorded under Recording No. 4131067; Except that portion thereof, described as follows: Beginning at a point on the south lino of said Donation Claim and the east margin of the Chicago, Milwaukee, St. Paul and Pacific Railroad right -of -way; 0 Washington. Thence easterly adid.tance o f..,._L 20 feet along said south line of said donation/claim Thence northeaeterly meaaured' at "right'"angles to said south `a distance of 80 feet; Thence westerly parallel with eou.th line mine the same, as conveyed by deeds record'onder Recording Noe. 8404050908 and 840,05'090'9 °; to said easterly margin of aaxd Chicago, Milwaukee, St. Paul and Pacific Railroad ,.,- tig h t.,of -way;• "•1 besndci southerly along said railroad right -of -way to the point of beginning Except all coal and ui ner...ale` and,he••"r.ght to explore for and Xing County tr , c. Situated in the City of Tukwila, Count of< :tin State of tr.) Y Y 9 :�. CONVSATION RECORL 7 DATE: oa DAY: MOON gAWED 71U T SUN TIME: I Q FOR OFFlCE USE ONLY COI - LI &. Soccer, C,er, 9 TYPE: -- ❑ Visit ❑ Conference )telephone— Olncoming OOutgoing Na rr n s) writ ed or in contact with you: cJ " err (MCSI Orga of VisiVConference: atato I a dept., ureau, p SUBJECT:. Addeindufn M o L -E0 Priv ad Re,tori C',rocA► rlo 66tta t- - 0 0 •c{weevl - U P 12 _ mcleo d SUMMARY: 1 3c143rvait Sit So �amsr�' c dzc I- L q. 1t 01,,k -6 r cc mum _ l - -file Leta , v _ ci-h.ef n A A:e& Co ! 3 - q (� C`,t o s61 a, �Pn fore . aefihchon, d pwb l c cbaci- r► cjiz, v �-�, �s r+alrt J -`fie. •cx - oS s i v Lem . Signature: d T 1,0•191'-c• wkd. `rccc.n� rK Y W GCS n ) Q . uPP32. Bade: d._ — FhL c sin Q Q ,., �+' Il er - & Pr; croc,5vn c\ s -ee ; '1""c�c,r�s��— o1 L airwU . • r d (- i f lt ► 44 d, 1 - - O o cu./ _ szch. od) Oki Title: one No. Q�u So�.bad �an6d' c a( .�l a,f'1 i11t(Z Date: •- MCLEOD GROUP RECITALS: INC Fax .vv a .+.>,vr:.o `96101 1.PRXADD Form Approved by 425- 827 -9990 7 t Ku" I!CriVED CiTY OF TUKWi . FEB 1 22002 PERMIT CENTER Feb • - • ; ; N .• 06 '02 08:53 P.05 uu.: 830.84 AUDIT, // 6 ' This Addendum is made and entered into this ' day of , by and among UNION PACIFIC RAILROAD COMPANY, a Detawnr$ corporal n to be • addressed at 1800 Fannan Omaha, Nebraska 68102 (hereinafter "Licensor'), MCLEOD DEVELOPMENT COMPANY to be addressed at 213 Lake Street South, Kirkland, WA. 98033 (hereinafter "First U csnsee") and CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY - SOUND TRANSIT to be addressed at 1100 2nd Avenue. Suite 500, Seattle, WA. 98115 - 3423 (hereinafter "Joint Licensee "). •.. J�.e�i�i.�.M�iuY.�xrn+�w By instrument dated June 13,,.1990, identified in Licensor's records Agreement. Audit Nul 186904 (hereinafter `License Agreement"), and any amendments thereto. Licensor granted to First Licensee permission to construct. maintain and use a private road crossing on Licensor's right -of -way at 172.09, Seattle Subdivision, in Tukwila, King County. Washington (hereinafter "Road Crossing "). Joint Licensee desires use of the Road Crossing, and to become a joint licensee under the License Agreement. Licensor and First kicensee are. agreeable to Joint Licensee becoming a joirt licensee under the License Agreement, 'subject to the covenarts and conditions set forth herein and in the License Agreement. AGREEMENT: NOW, THEREFORE, iT iS MUTUALLY AGREED BY AND AMONG THE PARTIES HERETO AS FOLLOWS: 1. Effective as o o+, Joint Licensee is made a party to the License Agreement the same as If Joint Lic see 4 ere named therein as the Licensee together With First Licensee, and shaWb 'ail` or°the•'1`Fghts `a'tierObtigatio of the ' Licensee under the License Agreement. 2. Joint Licensee and First Licensee hereby agree that each of them. jointly and severally, shall be bound by all of the covenants,obligations and liabilities of the Licensee contained in the License Agreement. 3. All noticee, demands, requests . or other communications which may be or are required to be given,, served or sent by any party to the others pursuant to the License Agreement shall be in writing and deemed to have been property given or sent; (a) if inbnded for Licensor. by mailing by registered or certified mall, return receipt requested, with postage prepaid, addressed to Licensor at Union Pacific Railroad Company, Real Estate Department, 1800 Famam Street. Omaha, Nebraska 68102; (b) if intended for First Licensee, by mailing by registeredor certified mail, 1 p4 model wpt kart MCLEOD GROUP INC Fax : 425 - 827 -9990 ,.Feb 06 '02 08:53 P.06 , :a. it 1 Lr. I b te :a 1 :Nil-� 2i:o ST ku:u l ee &iLC -.. RECENED ' •• • . 9ti1 O 1.PRXADD ITY OF TUKWIIA 830.64 Form Approved by La . • FEB 1 2 2002 PERMIT CENTER return receipt requested, with postage prepaid, addressed to MCLEOD DEVELOPMENT COMPANY at 213 Lake Street South. Kirkland. WA. 98033, or (c) if Intended forJoint_Licensee, by mailing by registered or Vied mail, return receipt requested, with postage prepaid. addressed to CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY (SOUND TRANSIT) et1100 2nd Avenue, Suite 500, Seattle, WA. 98115.3423. 4. Except as may be specifically provided in this Addendum, nothing herein shat be deemed to amend or modify the License Agreement which shall remain In full force and effect. 5. • Joint Licensee agrees to pay to Licensor an administrative handling charge of $ 1000.00 upon execution of this Addendum. • 6. . • Thls.,60 A;aY. be..•executed in any number• of counterperts••and by different parties hereto in warble counterpatts, each of which when so executed and delivered shall be deemed to be en original and all of which counterparts of this consent, when taken together, shall consistuta but one and the same instrument. i i�.r •�w:/! � .'..�.'rrlt��.tiV' `•:%iy.'::.. sJ i /.� .'M1ra =.p,y Shy %G7 our`X JwU•,- .,�.y.Ja cjfi,�tiYt 444 r .vi.w,• ;' Purr++' Ai. �d+ e.+ q+«+ �i: l'. U. e+ �HSrw; tt' AU, �} wNk '.4a.f'++42'•V�Ais�}itT'W!.._. IN WITNESS WHEREOF, the: parties have caused this Addendum to be duly executes on the day and year first above written. Witness: PACIFIC RAILROAD COMPANY 8 s`. (l�.wt t.1 , �it l Vl.• v�L BY J.A. ANTHOMY ' •• DIRECTOR- CONTRACTS MCLEOD DEVELOPMEN COMPANY Title: Witness: CENTRAL PUGET SOUND REGIONAL 2 prxado.wpt a =H ,_ w 0 00 • 0 w= e-- • LL w §Q ca � = w z � I-- w w D O O - : 0 H W t-- tL 0 w z 0 0 IT z MCLEOD GROUP INC • SOUNDTRANSIT Fax : 425 - 827 -9990 Ab 06 '02 08:53 P.02 RECEIVED CITY OF TUKWILA YlA 4.-e-o d 1 /& I kt A,G-1-1?-v-K/3„c L3-0-4,1 -Frd 4/A..e enaoaed , Q�C, wGu lArKI2 Co i /2„ 41 Jc7� -•c� T�a,w�i �- Gam, 6it,,,( uP►Z�2 °�...d � wa-ififr tor alprov4..Q p zev4-c.- - 11AA Lel9fe-i tri c ri4sIn / a/tAii-AJ/1- lvv4 (4) (d.i -t14 0 „ ciLP e 44-6 --(?) Sol T Irn/v ) mw{tt n.u.., ,g4u4i0n vr� FEB 1 2 2002 PERMIT CENTER MCLEOD GROUP INC 11 SOUNDTRANSIT 4 January 1999 Dear Mr. Minarik, Central Puget Sound Regional 'transit Authority 1100 Second Are., Suhe 300 Scants, WA 96101 -1123 Reception 206,684.6776 Facsimile 206.684.12)4 www.seundtransitorg Terry Minarik Contracts and Real Estate Department 1416 Dodge Street, Room 1100 Omaha, NE 68179-1100 Fax : 425- 827 -9990 e b 06 '02 08:53 P.03 Please find Sound Transit's enclosed application for permission to cross Union Pacific Railroad Company (UPRR) property as described in the content of Private Road Crossing Agreement number 809558.PRX. Sound Transit proposes to jointly use, and share maintenance cost for, this existing crossing with McLeod Development Co. As we discussed in our telephone conversation on 1/4/99, Sound Transit is concerned with the language in Exhibit B. Section 1 (c), which requires that the crossing is to be used as "strictly a private one and is not intended for public use." As you know, Sound Transit (a public agency) intends to use the Road crossing to access property that it will develop and use as a commuter rail park and ride lot. This arguably would put tht crossing to "public use." When we spoke, however, you indicated that in UPRR's view, "public use" would not describe Sound Transit's intended use.. Rather, UPRR defines "public use" for purposes of this crossing agreement as ownership of the crossing (in street or road form) by a city or county. In Sound Transit's case, therefore, the crossing would not be for "public use." In light of the above statements and definitions, we would like to amend the language of Exhibit B, Section 1 (c) in the existing Crossing Agreement to reflect the way in which Sound Transit would use the crossing. Wb think it is important • that the language of the crossing agreement be revised to reflect our common understanding of the proposed use and the ten "public use." We suggest the paragraph be revised as follows: It is expressly stipulated that the road Crossing is n_o_t to be used as a county or city road or street. but shall be used es strictly a : _ _ for the benefit of Licensee and Licensee's t atrons, employees. and other invitees or licensees of Licensee. The Licensee, without expense to the Licensor, will take any and all RECEIVED CRY OF TUKWILA FEB 1 2 2002 PERMIT CENTER Chair vice chair. I r.l,, I 11 Ira.• t.r ..•,1, . n,,; 5'nprrnnfl;. r, ( Irrrtllil• .M.1. A. 1, ,.. /4710-a/ !Lt./ 4..r,r,., ti,t,srhrr .I.1r• I (. r.l1 L,r.c: li,•.r.rr.tL,•, •. Itirhard . \1, her ! r , . Roil r►in,l Cr•n f".• • \ • , . ,•,■ II . t..I.irt.r,. yt.,!. / , .r 'ar!r,r.r/ tif rnn.•fnrtal :•vl ti, ,•rfL!nl P:,. I ' r.. II Ilan `: l l icrrr C ' rtur t y 1 ,. .,r...• .lint \\ , Executive Director Bob l\ I, ,,r C.5 nth:., to 11% ,n King (brurt,/ 1. , ..'r r•rt: ru /y r z 2 W 6 00 u) ❑ U) W -i 1- f— tn LL W O 2 _ = W Z I .. I-- 0 WW ❑ U O N ❑ I-- Ww H - LL z Iii 0- O~ z MCLEOD GROUP INC I Terry Minarik 4 January 1999 Page 2 JCA:Teny Minarik.doc Sincerely, lie Aune oject Assistant Fax : 425 - 827 - 9990 necessary reasonable action(s) to preser're-the- prate tom- prevent its ttbs use of °ad Crossing as a o c' scree puhilo road, We appreciate your consideration of the above revisions. Please contact me at (206) 689 - 7438 to discuss this matter at your earliest convenience. Thank you. �eb 06 '02 08:53 P.04 RECEIVED CITY OF TUKWILA FEB 1 2 2002 PERMIT CENTER • a, { ... 1 -r : .. .-5 , _... . r:• , �Ttf !V :7� - Y � l i lJl l �.('1 t X 1 4 i'1 v } / ir, # � L .. ' i y :� s. 3 : r tir (_ 't v?1I�f� ^' 5�0 j j( 1 t / ' h C: i i'.�"riy2.: '. � 4 t i,:d��". . i'.�x,�„� r aa:l � �i •: tra:.ts� r ; .• N ". y '- y t -. �. , ,z.. ` -W ° ti. ;i ree,V � RIV. 1.7 � 7 :,y,7 - ��i.M1n "L.Y ...S r..t' 4, t' � :.Y tLl li`'''7,.: ry' d3C�(' ''r' i�.t1 :n'�" rI ' I- � 1 :1'•B:i4 Y%`!, �'r 47 ��G_:x b,r t { � 7 ., , . i' X13 +� Sd� �1, 2�a._..,� f ■ + t' Y�" 1'.f i Vi: i , n . a � } 1 :. � '' ?w. ?.. . F f >"r ae' ai ii A t,L t ,v j �_ 1 o .• F ' . r� , k � ' Y e is�1, , ,,,,s,7•11 , ' 4L ,u„/s�1':.. '.q. ' �� i,1•SrS Sr: b�'v • �iIl .'ut ��#k� J{ ♦- {" �',+if� - ` .. [ f + , s tt IL R Y:.� 1 each Sound Transit and UPRR Agreement Information TO: Deborah Ritter City of Tukwila Planning Works SENT VIA: Mail 6300 Southcenter Boulevard Tukwila, WA 98188 RE: Tukwila Soccer Center Documents enclosed for your review. LETTER OF TRANSMITTAL cc: Dan Balmelli, Barghausen Consulting Engineers, Inc. Signed: CIVIL ENGINEERING, LAND PLANNING, SURVEYING VIRONMENTAL SERVICES DATE: February 8, 2002 OUR JOB NO: 10320 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX www.barghausen.com Betsy Dyer Executive Assistant 103201.012 a • =z ct -J U O 0 W = • 0 LL Q z d, w Z 1— O Z E— w w U � O N CI F— tuu w Z . U= O Z .. • MCLEOD GROUP INC Fax : 425-827-9990 Feb 06 '02 08:53 P.05 . CITY OF TU G W J I FEB 1 2 2 2� 00 PERMIT CENTER `9610jL1.PRXADD Fon Approved by RECITALS: AGREEMENT: C i 44 By instrument dated Junes 13,..1996, identified in Licent or's records Agreement Audit • N 186904 (hereinafter 'License Agreement"), and any amendments thereto; Licensor granted to First Licensee permission to construct, maintain and use a private road crossing on Llcensor's tight -of -way at 172.09. Seattle Subdivision, in Tukwila, King County. Washington (hereinafter "Road Cross ing"). Joint Licensee desires use of the Road Crossing, and to become a joint licensee under the License Agreement. • Licensor and First i lvensee ere.agreeabie to Joint Licensee becoming a joint licensee under the License Agreement, subject to the covenants and conditions set forth herein and in the License Agreement. 1 830.84 AUDIT. //6 This Addendum Is made and entered into this day of by end among UNION PACIFIC RAILROAD COMPANY, a Deiawa rporattll n to e • addressed at 1800 Farman Street, Omaha. Nebraska 68102 (hereinafter "Licensor'), MCLEOD DEVELOPMENT COMPANY to be addressed at 213 Lake Street South, Kirkland, WA. 98033 (hereinafter "First Licensee") and CENTRAL PUGEf SOUND REGIONAL TRANSIT AUTHORITY- SOUND TRANSIT to be addressed at 1100 2nd Avenue, Suite 500, Seattle, WA. 98115 - 3423 (hereinafter "Joint Licensee "). NOW, THEREFORE, IT iS MUTUALLY AGREED BY AND AMONG THE PARTIES HERETO AS FOLLOWS: 1. •• Effecilve as O Jae, Joint Licensee is made a party to the LIcensr Agreement the same as if Joint Li see ere named therein as the Licensee together with Licensee, and shatNhanl e'drof obligatoil •of the •Licensee under the License Agreement. 2. Joint Licensee and First Licensee hereby agree that each of them. jointly and severally, shall be bound by allot the covenants,obtigations and liabilities of the Licensee contained in the License Agreement 3. Ali notices. demands, requests 'or other communications which may be or are required to be given. served or sent by any party to the others pursuant to the License Agreement shall be in writing and deemed to have been properly given or sent: (a) if inended for Licensor, by mailing by registered or certified mail, return receipt requested, with postage prepaid, addressed to Licensor at Union Pacific Railroad Company, Real Estate Department, 1800 Famam Street. Omaha, Nebraska 68102; (b) if intended for First Licensee, by mailing by registeredor certified mail, pxido wpt MCLEOD GROUP INC Fax : 425- 827 -9990 Feb 06 '02 08:53 P.06 ucl ua.JS 1Ln thee:+ 1•Ak 200. - 4 .13Gko SF Rtiul Erat.uLC .:ITY OF TUKWILA ' , � 9ti10 )1.PRXADD 830-84 • Form Approved by La . FEB 1 2 2002 PERMIT CENTER return receipt requested, with postage prepaid, addressed to MCLEOD DEVELOPMENT COMPANY at 213 Lake Street South. Kirkland, WA 98033, or (c) If Intended for Joint Licensee. by mailing by registered or certified mail. return receipt requested, with postage prepaid. addressed to CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY (SOUND TRANSIT) at1100 2nd Avenue, Suite 500, Seattle, WA. 98115.3423. 4. Except as may be specltk ally provided In this Addendum, nothing herein shat be deemed to amend or modify the License Agreement which shall remain In full force and effect. 5.. Joint licensee agrees to pay to Licensor an administrative handling charge of $ 1000.00 upon execution of this Addendum. ' O. thls. Xrlay. ba,.•executod 1r: any number. of counterparts bK different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of counterparts of this consent, when taken together, shall consistute but one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Addendum to be duly executed on the day and year first above written. Witness: PACIFIC RAILROAD COMPANY y , C,cy\_,LAA, ' Titl 1.A. ANTHONY ' .. DIRECTOR - CONTRACTS MCLEOD DEVELOPMEN COMPANY Title: Witness: CENTRAL PUGET SOUND REGIONAL IT AU t Fr: .18 d eft 2 SOUND TRANSIT prxadd.wpt } MCLEOD GROUP INC R SOUNDTRANSIT Fax : 425 -827 -9990 e 4--e-00 I Vl A ^to tr. ,e_ate.t did 17cCe.-- -. -ems 1, 1 7teevi-e. 4/A- a,elao-acd , �� w(n,;cG, wr" 41) IPA/"'d K �s U f° IZ2 Coh,lY'u t.t4 So 4 Tra ka, 6 iovp-te.4-}A.t a ul°►Zt2 wef-ifi h tor aVr"4-e . "pCzetA-c. C.efe--1 t 6-1451--) i vv4 (4)0, (C-t`� w� 414 w1 A m ar wfLw t (a Cy',e,gt/ /1/A, Feb 06 '02 08:53 P.02 RECEIVED CITY OF TUKWILA FEB 1 2 2002 PERMIT CENTER L•. MCLEOD GROUP INC SOUNDTRANSIT 4 January 1999 Terry Minarik Contracts and Real Estate Depanment 1416 Dodge Street, Room 1100 Omaha, NE 68179 -1100 Dear Mr. Minarik, Please find Sound Transit's enclosed application for permission to cross Union Pacific Railroad Company (UPRR) property as described in the content of Private Road Crossing Agreement number 809558.PRX. Sound Transit proposes to jointly use, and share maintenance cost for, this existing crossing with McLeod Development Co. As we discussed in our telephone conversation on 114199, Sound Transit is concerned with the language in Exhibit 5, Section 1 (c), which requires that the crossing is to be used as "strictly a private one and is not intended for public use." As you know, Sound Transit (a public agency) intends to use the Road crossing to access property that it will develop and use as a commuter rail park and ride lot. This arguably would put the crossing to "public use." When we spoke, however, you indicated that in UPRR's view, "public use" would not describe Sound Transit's intended use. Rather, UPRR defines "public usc" for purposes of this crossing agreement as ownership of the crossing (in street or road form) by a city or county. In Sound Transit's cast, therefore, the crossing would not be for "public use." In light of the above statements and definitions, we would like to amend the language of Exhibit B, Section 1 (c) in the existing Crossing Agreement to reflect the way in which Sound Transit would use the crossing. We think it is important that the language of the crossing agreement be revised to reflect our common understanding of the proposed use and the term "public use." We suggest the paragraph be revised as follows: Central Puget Sound Regional Transit Authority 1100 Second Are., Su 500 Seattle, WA 96101 -3423 Reception 206464.6776 Facsimile 206,664,12)4 www.soundtransit.org It is expressly stipulated that the road Crossing is not to be used as a county or ci v road or street, but shall be used as strictly a : - - - . for the benefit of Licensee and Licensee's patrons, employecs and other invitees or licensees of Licensee. The Licensee, without expense to the Licensor, will take any and all Fax : 425 - 827 -9990 Feb 06 '02 08:53 P.03 RECENED CITY OF TUKWItA FEB 1 2 2002 PERMIT CENTER Chair 1r..11l .11411, v, cn.i;t t .1r.. l L ,•• • . h SnPhim14 1 C•• ' 1 .r: crilir rt.,t .! 1::1.!,,,r .Snn C... v. , ;l•rr !'iv1,•rt! Il l .•11.11.(. "r: nthrr .I.Irr li•,n. fir.I,J t iaulry ( L tC •.( r..l l.verC11 . I(.. •, •- Rirharti ,\ It 1. ,•r aen(tte 11. , : , r. , • •, Rah N1.1,•• ll frl,J Cetwh, (- .'- •- �.. S►ti 'l. ... 1 .1,1 II.a•hid.JAar Z ti l Vol - Wren, Jf • Iran..pnrla!•• 't ti, n rL!nr L i�n.•C(t,,.�, I, ... /i 4//tad Crr,nr, h r•rml•.•.• Paul S. -1 ,: u .1 4 . }tun ' ••. ltiegl (.toil., 1 , -. .. Cynthia tin.l.t in Huh) C.'nnh/ 1.•.n.-. / llaW stn'•: , !'irri t L vr.! I v /. .• • ,1 .11111 \ \1:,,, I.,:1 ,1/: Executive Director Mule 11, fins z a• = Z CC 2 00 CO J W O } u_ Ln = (u �W z = t— O zE- �o U O - OH w .Z w U o'- z MCLEOD GROUP INC Tarry Minarik 4 January 1999 Page 2 Fax : 425 - 827 -9990 Feb 06 '02 08:53 P.04 necessary reasonable action(s) to pfesdr --fhte character -e€ -the- Read -ems .prevent i{r; The use of the Road Crossing us a county pr city street public road, We appreciate your consideration of the above revisions. Please contact me at (206) 689 -7438 to discuss this matter at your earliest convenience. Thank you. Sincerely, 06- 44. -f-t <. lie Aune roject Assistant JCA:Ter y Minarlk.doc MECUM CRY OF TUKWILA F EB 1 2 2002 PERMIT CENTER a.. 3i::s:� ^_ „•:�s5::�- 1j:16Yd�; r�c �:nl;MwtiSU ^:?w�CJ:1FJi:ali!J:: FEB, 11, 2002 9:57AM February 11, 2001 Dept. of Community Development C/o Deborah Ritter City of Tukwila 6300 Southcenter Boulevard, Ste. 100 Tukwila, WA. 98188 Dear Ms, Ritter: JMC BNSPIhI.sty Sincerely, J. . (Mike) Cowles Mgr Public Projects J. ,t (Mum) Cowas Mgr. Public Prg{ectu WA. ID, Mr. and British Columbia I received the notice of application for the construction of a Soccer which pp Center �►lu h is proposed to be constructed between the Union Pacific RR Right of Way and The Burlington Northern and Santa Fe Ry.:Right of Way. The Burlington Northern and Santa Fe Railway objects to the application for the construction of the soccer facility. A soccer facility will attract many families with children. Constructing a soccer facility between two railroads is not safe. Children and their families would be at risk with two major railroads nearby. Not only the risk of being involved in a train/pedestrian or train/vehicle accident at the Strander Blvd. crossing, but the risk of derailment. BNSF, along with Amtrak and Sound Transit operate nearly 50 trains daily at train speeds up to 79 mph and the UPRR operate about 10 through trains daily. In addition, the City of Renton is proposing to grade separate Strander Boulevard at the railroad tracks. Separating Strander Boulevard may require the Union Pacific Railroad to realign their mainline and right -of -way taking up much of the property the soccer facility would require. Cc: Bob Boileau Don Maze Lyn Hartley Diane Christianson File: Tukwila, WA. - Soccer Facility IMO Burlington Northern Santa Fe 2454 occidental Avenue So., Ste. 1 -A Seattle. WA, 98134 &Meal: Mike.CowksQBNSF,com Phone: 206.625-6146 Fax 206-625-6115 — N0, 9617~P, 2 z w tr 2 J U U 0 co W : w 0 Q . =a F.. W Z = � U 0 I-- w W ~ - . L - 1- :0 w z = 0 ~ z February 1, 2002 Daniel K. Balmelli, P.E. Executive Vice President Barghausen Consulting Engineers 18215 72nd Avenue South Kent, Washington 98032 VIA FAX 425 - 251 -8782 Gentlemen: Sincerely, Deborah Ritter Associate Planner City of Tukwila Department of Community Development �: �':�....,.. �:��tF :�,.`°ii:•.ii. t�}%�d- tyy;.��,� �....arti�.�cw .r 'X'..�'ft':�2:38L. Stewart McLeod McLeod Properties 213 Lake Street South Kirkland, Washington 98033 VIA FAX 425 - 827 -9990 Re: Tukwila Soccer Center Facility East end of Strander Blvd & east of W. Valley Hwy. Tax Parcel Number 252304 -9006 SEPA (E01 -029) and Design Review (L01 -074) In response to our public notice on the above - referenced project, we have received two comment letters to date. These letters are from the Union Pacific Railroad Company ( "UPRC "), dated January 30th and from the City of Renton, dated January 25th (attached). In particular, the letter from the UPRC indicates that they will deny access to your proposed development. Significant access issues are also raised in Renton's letter. We will not continue processing your application until you have supplied documentation clearly demonstrating that the proposed development will have legal access. We also request that you supply all UPRC- approved amendments to the "Private Road Crossing Agreement' dated June 13, 1996 between UPRC and McLeod Development. At this time, we do not have any documentation verifying that the UPRC has approved the "Joint Use of Private Road Crossing Agreement" dated October 28, 1999 between McLeod Development and Sound Transit. We cannot complete our review of your applications until we have reviewed and approved the documentation requested above. The additional amount of review time needed will be the number of days between the date of this letter and your submission of the additional information. Once you have submitted the requested information, we will be able to proceed with the technical review of your applications. In the meantime, if you have any questions, please feel free to call me at 206 -431 -3663. cc: Jim Morrow, Director, Public Works Jack Place, Planning Manager, DCD Cindy Knighton, Senior Transportation Engineer David McPherson, Associate Engineer Lt. Don Tomaso, Fire Prevention Officer 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206 -431 -3665 !S?'.��£Y.i4:MkC4l.V.:1 . i7'.- Y. L"• r'r.+ rJ/' d' e(: s�1 {S3Ltlk'dr:U�aSs:'�:Rb'L"iL�, 4:.49iiY�i�� Willi Aigner Oregon Soccer Center, Inc. 17015 S.E. 82nd Drive Clackamas, Oregon 97015 VIA FAX 503 - 655 -9636 Steven M. Mullet, Mayor Steve Lancaster, Director ' 01/30/2002 16:08 503 - 872 -1900 J. W. TRUMBULL Manager Industrial & Public Projects January 30, 2002 City of Tukwila Department of Community Development 6300 Southeenter Blvd. Suite #100 Tukwila, WA 98188 Atta: Deborah Ritter - Planner UNION PACIFIC RAILROAD COMPANY ENGINEERING SERVICES DEPARTMENT Via Fax 206 -431 -3665 UPRR. SUPT. PORTLAND Sincerely, John W. Trumbull anger Industry and Public Projects. PAGE 01/01 5424 S. E. McLaughlin Blvd. Portland. OR 97202 (503) 872 -1809 Fax: (503) 872.1900 Dear Ms. Ritter: Subject: L01 -074 (Design. Review) E01 -029 (SEPA) This is regarding the proposal to construct an indoor soccer facility located between the BNSF and UPRR Railroad Tracks in Tukwila. I have reviewed this proposal and have the following remarks 1. This new facility will need to be accessed across an existing Private Road crossing that is covered by an agreement with Sturat McLeod. The Railroad will not agree to a new agreement covering this proposed facility. 2. This will no longer be a Private crossing, as the Public will be using the crossing and not accessing a private business. 3. The Railroad feels that Safety is the Number 1 priority and this facility will invite people to trespass across the tracks, children playing on the tracks, and parents trying to beat the train to meet a game schedule. 4. The proposal for children to access a facility that is so very near the tracks will not be agreed to by the Railroad. Please take very close consideration to this facility, as we all have a chance now to be sure that this type facility is built in a safe location. n5uiu�F. vqa '�o ` vixio-ati ? {; tw±�nubi:�i s:sry n.. K%'. r�. �'•'- V,tiNit�;tr•:SiN'i$ts3hy6�. 4 Jesse Tanner, Mayor January 30, 2002 Ms. Deborah Ritter, Planner City of Tukwila Department of Community Development 630 Southcenter Boulevard, Suite #1000 Tukwila, WA 98188 SUBJECT: PUBLIC SOCCER FACILITY FILE NUMBERL01 -074, E01 -029 Thank you for the opportunity to comment on the proposed development. This site is included in the Transit Oriented Development multimodal station study currently under review for Tukwila Longacres, and is located adjacent to the proposed Strander Blvd. extension serving this area. I have several comments pertaining to the soccer facility given the proposed changes to Strander Blvd. and the eventual development of the station and associated development to the north. First, the access and right of way as shown do not reflect the preferred alternative for the Strander Blvd. extension. Specific requirements about right of way needs and future site access are addressed in a letter dated January 25 from Gregg Zimmerman, Planning Building Public Works Department Administration, and we support those comments. In addition, the parking as shown on the landscape plan will not be feasible or sufficient because site access will need to be re- aligned directly opposite the future access to the Sound Transit Longacres Commuter Rail Station. Additional parking will need to be shown at another location on the site. The proposed elevations and preliminary landscape plan indicate a single story industrial type structure housing a recreation club use. We question whether this intensity of use is appropriate at this location given the TOD study to the north. Transit Oriented Development connotes more pedestrian oriented projects with a mix of uses and high amenity site planning taking advantage of the location close to a rail station. These elevations show a metal shed or butler building with a small landscaped parking lot. More complex architectural treatment, and an interesting mix of uses, are warranted at this location. As this site is a gateway to both Renton and Tukwila more extensive boulevard landscaping is also important. Thank you again for your consideration of these comments. We look forward to working with the City of Tukwila on improving the Strander Blvd. corridor and our continued discussions of the Transit Oriented Development concepts at this location. Sue Carlson Administrator Economic Development, Neighborhoods and Strategic Planning enclosures i4d6P CIT1 OF RENTON Economic Development, Neighborhoods and Planning Susan Carlson, Administrator RECEWED FEB 0 6 2002 COMMUNITY DEVELOPMENT \\ CENTRAL\ SYS2 \DEPTS \FINANCE\ECON_DEV\New H Drive Folders \Interdepartmental \Out of City - Project R cvicw au ,c.c.0 tnai��a c.ilv�\w 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50% recycled material, 30% post consumer EttEMENESEEMMOMMEne ':s:.. r• ;:: M.!'R f'., M.. f! 4,+"' k,..,.- R:^ t?" e.."'..-•:^?" �w,7t^!c•.�r.:^':.nw+trt,rvx!^• . RENTON AHEAD OF THE CURVE Jesse Tanner, Mayor \ Ms. Deborah Ritter , , :,,,; �ti Planner . , `,,_ e < City of Tukwila '� O O c' ; Department of Community Development �''. -. ° 2s, 6300 Southcenter Boulevard, Suite #1000 , '�, G '� Tukwila, WA 98188 �� January 25, 2002 SUBJECT: PUBLIC SOCCER FACILITY, FILE NUMBERS LO1 -074 AND E01 -029 Dear Ms. Ritter: Renton's Transportation Systems staff review of the subject proposed development has resulted in several review comments which follow. It is important to note that a portion of this project is . located within the proposed right -of -way of the Strander Blvd. Extension project, a joint transportation project between the cities of Tukwila and Renton. Renton will provide the project management for this capital project. 1) Ninety (90) feet of right -of -way must be provided for the proposed Strander Boulevard Extension. Sixty (60) feet of right -of -way is indicated on the preliminary development plan. 2) Provide a 100 -foot minimum width reservation along the east side of the development site for the potential relocation of Union Pacific Railroad (UPRR) tracks adjacent to the west side of the Burlington Northern Santa Fe (BNSF) railroad right -of -way. 3) This development proposal needs to address how site access will be provided from the future depressed Strander Boulevard Extension roadway. Also; access to the site from the future Strander Boulevard Extension must be aligned directly opposite of the future access to the Sound Tansit Longacres Commuter Rail Station. Thank you for the opportunity of commenting on this project. Document2\cor 4 IWq*g Gregg Zimmdrman, Administrator Planning/Building /Public Works Department cc: Jim Morrow, Tukwila Public Works Director Jay Covington Susan Carlson Sandra Meyer Neil Watts Jennifer Henning 1055 South Grady Way - Renton, Washington 98055 CITY OF RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator RENTON AHEAD OF THE CURVE ®T rs pap tai�� 0° p recycled material. 30% post consumer 3 mow. (b.�"w�ttt. =.:,�TSTr�'��be' , �SMAnf4frO %i!Ctq�k±�+ln4.+Mf!!�'Mh! sSM! RNrt+?I�t 1 c: Jesse Tanner, Mayor January 25, 2002 Dear Ms. Ritter: T)ocnment Ms. Deborah Ritter Planner City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #1000 Tukwila, WA 98188 Thank you for the opportunity of commenting on this project. 4 W0 1 ( ( /` Gregg Zimmdrman, Administrator Planning/Building /Public Works Department cc: Jim Morrow, Tukwila Public Works Director Jay Covington Susan Carlson Sandra Meyer Neil Watts Jennifer Henning 1055 South Grady Way - Renton, Washington 98055 NIERMESSEEMEmsemEmaftElme $ gaj?1 Rrg sLfiS 4c410,14)1 hf CITh OF RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator SUBJECT: PUBLIC SOCCER FACILITY, FILE NUMBERS L01 -074 AND E01 -029 Renton's Transportation Systems staff review of the subject proposed development has resulted in several review comments which follow. It is important to note that a portion of this project is located within the proposed right -of -way of the Strander Blvd. Extension project, a joint transportation project between the cities of Tukwila and Renton. Renton will provide the project management for this capital project. 1) Ninety (90) feet of right -of -way must be provided for the proposed Strander Boulevard Extension. Sixty (60) feet of right-of-way is indicated on the preliminary development plan. 2) Provide a 100 -foot minimum width reservation along the east side of the development site for the potential relocation of Union Pacific Railroad (UPRR) tracks adjacent to the west side of the Burlington Northern Santa Fe (BNSF) railroad right -of -way. 3) This development proposal needs to address how site access will be provided from the future depressed Strander Boulevard Extension roadway. Also, access to the site from the future Strander Boulevard Extension must be aligned directly opposite of the future access to the Sound Tansit Longacres Commuter Rail Station. RENTON AHEAD OF THE CURVE `01/30/2002 16:08 503 -87 1900 J. W. TRUMBULL Manager Industrial & Public Project° January 30, 2002 City of Tukwila Department of Community Development 6300 SoutheenterBlvd. Suite #100 Tukwila.. WA 98138 Attn: Deborah Ritter - Planner UNION PACIFIC RAILROAD COMPANY ENGINEERING SERVICES DEPARTMENT Via Fax 206431 -3665 UPRR. SUPT. P.Q7LP,ND Sincerely, John W. Trumbull anger lndnstry and Public Projects. PAGE 01/01 5424 S. 5. McLoughlin 8Ivd. • Portland. CR 97202 (503) 872 -1809 Fax: (503) 872.1900 Dear Ms. Ritter: Subject: L01-074 (Desiga Review) E01 -029 (SEPA) This is regarding the proposal to construct an indoor soccer facility located between the BNSF and UPRR Railroad Tracks in Tukwila. I have reviewed this proposal and have the following remarks: 1. This new facility will need to be accessed across an existing Private Road crossing that is covered by an agreement with Sturat McLeod. The Railroad will not agree to a new agreement covering this proposed facility. 2. This will no longer be a Private crossing, as the Public will be using the crossing and not accessing a private business. • 3. The Railroad feels that Safety is the Number 1 priority and this facility will invite people to trespass across the tracks, children playing on the tracks, and parents trying to beat the train to meet a game schedule. Li. The proposal for children to access a facility that is so very near the tracks will not be agreed to by the Railroad. Please take very close consideration to this facility, as we all have a chance now to be sure that this type facility is built in a safe location. A TUKWILA CITY COUNCIL June 24, 2002 Tukwila City Hall - Council Chambers COMMITTEE OF WHOLE MEETING MINUTES 7:00 p.m. z • `~ w J U 00 . coo J = F- (f)w OFFICIALS: w O Steven M. Mullet; Mayor; Rhonda Berry, Assistant City Administrator; Lucy Lauterbach, Legislative Analyst; u Bob Baker, Deputy City Clerk; Steve Lancaster, Director, Community Development; Jim Morrow, Public • d Works Director; Police Chief Keith Haines; and Minnie Dhaliwal, Senior Planner, Department of Community w Development. z H t— 0 z t- CALL TO ORDER /PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:02 p.m., Council President Richard Simpson led the flag salute. COUNCIL ATTENDANCE: Present were Council President Richard Simpson; and Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, and David Fenton. CITIZEN COMMENT /CORRESPONDENCE: None. PUBLIC HEARINGS: w U � O -. � H w I h H u_ Evelyn Boykan, Human Services Coordinator and Paul Surek, Maintenance and Operations Superintendent, Z Parks and Recreation Department, addressed the Council on this issue. Ms. Boykan provided a reminder of U the term Community Development Block Grant (CDBG) funds, and generally accepted use for such funds. z a. Proposed cancellation of CDBG funding of the Duwamish Neighborhood Sidewalk Project and proposed funding of the Foster /Lee Phillips Park Playground Replacement Project The purpose of this public hearing, as described by Ms. Boykan, is to consider testimony on the proposal to officially cancel previously allocated CDBG dollars - related projects (Duwamish Neighborhood Sidewalk project) and consider the reallocation of CDBG funds to replace the playground equipment at Foster /Lee Phillips Park. It was explained that using CDBG funds for the Duwamish Neighborhood sidewalk project would prove burdensome in terms of federal and regional rules and policies. Conversely, however, the playground equipment replacement project should prove easier to fund in conjunction with the same rules mentioned. 7:05 p.m. Council President Richard Simpson opened the public hearing for testimony. Paul Surek noted the request to fund the playground equipment comes into consideration as the current equipment was installed in 1992 and shows visible signs of wear. Such structures should be replaced every 10 years. Through the last ten years, however, technology and ADA requirements have changed. The equipment to be replaced in no longer in compliance, thus the need for an updated structure. Anticipated costs for the updated model are approximately $30,000.00. CDBG funds slated for reallocation are from the 2002 fiscal 7:11 p.m. With no citizen comment or testimony, Council President Simpson closed the public testimony. It was noted that although CDBG funds would not be used for the Duwamish Neighborhood sidewalk project, it is not canceled. The source of the funds must be revisited; yet the project is not canceled. .T•TW"'7H1:PCRfG.•n ) ara+?si . r tnri ?T7,1c3.0 City of Tukwila City Council Committee of Whole Minutes Page 2 of 6 June 24, 2002 Council consensus was to forward this item to the July 1 Regular meeting agenda for a motion to cancel CDBG funds for the funding of the Duwamish Sidewalk Project and reallocate those same funds for playground equipment replacement, with ADA compliance, at Foster /Lee Phillips Park. b. Six Year (2003 -2008) Transportation Improvement Program (T.I.P.) Jim Morrow, Public Works Director, reminded Council of the Washington State requirement to annually update the Transportation Improvement Plan. This is primarily a financial planning document for City projects competing for federal grants. Adoption of the T. I. P. is brought about by a resolution from the Council. z tr 6 00 CO CO LL1 J H w J cn — 7:13 p.m. Council President Richard Simpson opened the public hearing for testimony. H Z = 7:1 p.m. With no citizen comment or testimony, Council President Richard Simpson closed the Z O public hearing. w w Council consensus was to place the proposed resolution on the Special meeting agenda for this same 0 N evening. o SPECIAL ISSUES: U FE-3 Further, Mr. Morrow explained the T. I. P. is a rolling plan which outlines various funding sources (i.e., grants, developers, local funds, etc.). The projects "roll" as funds or stages (i.e., design report, final design, construction, etc.) occur. The City's TIP list, like that of other entities, lists only six years' worth of anticipated projects. In accordance with State law, the City's T.I.P. must be adopted by July 1, 2002. a. Addendum to Labor Agreement between the City of Tukwila and Tukwila Police Officers' z U = P. Keith Haines, Chief of Police, introduced this item and explained it as the product of months' of negotiations z with the Tukwila Police Guild. Speaking in favor of the addendum, Chief Haines noted City administration is requesting its approval, authorizing the payment of premium pay to employees assigned the Special Response Team, retroactive to September 1, 2001. The premium ranges from 2 to 3% of the top police officer monthly wage, equivalent to $95 to $143 per month; with a total cost anticipated to be $15,116.00. Guild, 2001 -2003 Chief Haines noted seven employees are assigned to the Valley Special Response Team, which conducts training several days per month, in addition to several week -long training sessions throughout each year. The training is in addition to the training that is required on behalf of all Tukwila police officers. The addendum allows for Special Response Team officers to train on regularly scheduled shifts, rather than to work overtime. After questions of clarification from the Council, Chief Haines noted a briefing will be made (to Council) within the next couple months on the activities, training and other specifics of the Valley Special Response Team officers. Consensus existed to forward this item to the Special meeting agenda for this same evening. b. AT &T and Comcast Merger Frank Iriarte, Public Works Project Coordinator, speaking in favor of the proposed resolution, sought approval from the Council. Mr. Iriarte informed the Council of the receipt of a required notice of proposed change in ownership of AT &T Broadband. In 1994, the City granted a 15 -year cable franchise to TCI Telecommunications, Inc., of Seattle, doing business as AT &T Broadband. AT &T Broadband is a subsidiary of AT &T. In the near future, AT &T will merge with Comcast Corporation (Comcast) to create a new company called AT &T Comcast Corporation (AT &T Comcast), pursuant to the City of Tukwila City Council Committee of Whole Minutes Page 3 of 6 June 24, 2002 terms of an Agreement and Plan of Merger, dated December 19, 2001. The newly created business will serve approximately 22 million subscribers located in 41 states and will become one of the largest cable providers in the nation. On March 4, 2002, AT &T Broadband and AT &T Comcast requested the City of Tukwila to consent to the transactions in accordance with the requirements of the City's existing cable franchise agreement. Additionally, the companies have filed a Federal Communications Commission Form 394, Transfer Application, with the City of Tukwila requesting such consent. City staff and the City Attorney have reviewed the Transfer application, examined the legal, financial and technical qualification of ATYT Comcast, and followed all required procedures in order to consider the act upon the face of the application. City staff has concluded there is no basis on which to deny the requested consent to their change in ownership. After questions of clarification from Council, Mr. Iriarte explained there is an effort underway to recover approximately $16,000.00 to $19,000.00 in back - franchise fees and penalties with AT &T Broadband. Based upon AT &T's cooperation to resolve the issue of back -fees, City staff is confident that issue will be quickly resolved and that consent to the merger will not impact recovery of said fees. Mr. lriarte concluded his remarks by speaking in favor of Council formally granting consent to the change in ownership by way of accepting a proposed resolution. Council consensus existed to forward this item to the July 1 City Council Regular meeting to take action on the proposed resolution. FENTON MOVED; HERNANDEZ SECONDED; TO TAKE ITEM F OUT OF ORDER, AND RE- LETTER THE REMAINING ISSUES ON THE AGENDA.* The motion is a result of a request for timeliness of the presenter (Gary Danklefsen) of the Purchase and Sale Agreement on the Country Vittles Restaurant *The motion carried 6 -0. c. Purchase and Sale Agreement — Country Vittles Restaurant (Tukwila Village Phase I) Gary Danklefsen, 4422 — 193r Avenue South East, Issaquah, Senior Vice President, Trammell Crow Company, reported. This is one of two remaining pieces of property to be purchased for Tukwila Village (Phase I). Mr. Danklefsen noted the City Attorney- approved purchase and sale agreement has been negotiated to include the following provisions: Sale price of $ 752,722.17; which includes sale of real estate and property ($725,000.00); demolition costs ($20,000.00); and mortgage payments for May and June, 2002 ($7,722.17). Included within the purchase price is $180,000.00, which must be made at the time of closing. Once the City closes on the property, it will assume the mortgage property payments until they are paid in full ($3,860.08 per month). The City will lease back the property to the operators of the restaurant at the rate of $100.00 per month. The sellers will operate the restaurant until such time as they have it demolished, currently slated for November 15, 2002. Asbestos has been found in the building and the sellers had to obtain the services of a certified contractor for its removal. The City has no responsibility to have the building demolished, except in terms of the first $20,000.00. The seller was responsible for hiring the certified contractor to remove asbestos and demolish the building. Anything over $20,000.00 for these services must be paid by the seller. Clarification to the figures provided by Mr. Danklefsen were discussed. The mortgage payments made by the City (from July — November @ $3,860.08 per month) shall be considered as earnest money and shall neither apply to, nor be included in the purchase price and is non - refundable. As noted by Mr. Danklefsen, the City of Tukwila City Council Committee of Whole Minutes money paid by the City shows that this is a "firm contract" and not one to be broken; however, the purchase price does include the two mortgage payments (made by the City) for the months of May and June, 2002, also at the rate of $3,860.08 per month. Council consensus existed to forward this item to the Special meeting later this evening. d. McLeod Property South of Strander Boulevard Extension Page 4 of 6 June 24, 2002 Jim Morrow, Public Works Director, noted that in December of 2001, the City received a permit application for an indoor soccer facility. The property is in between the Union Pacific railroad tracks (to the west) and the Burlington Northern railroad tracks (to the east). To the north, is the Sound Transit Commuter rail station and related property. Approximately �Y2 of the property is undevelopable due to a Class I wetland in the southern portion of the property. This limits the ability to relocate the proposed building site in different configurations. Access to the property is by way of a 25 -foot private road, with an at -grade private crossing of the Union Pacific rail line and connects through an unopened right -of -way existing terminus of Strander Boulevard. Upon review of the soccer building permit application, it became clear that future extension of Strander Boulevard is going to significantly impact the property site. Although the final alignment for Strander Boulevard is unknown at this time, the results of the Phase I study indicate a right -of -way should run adjacent to, or through the proposed detention pond for that site. Using a conservative 150 -foot right -of -way section to allow for variation in the final alignment, the impacts become more pronounced; namely the detention pond, water quality pond and associated structures. They would require removal for the Strander Boulevard Extension construction. Driveway access to the proposed soccer building would have to be reconstructed with retaining walls and a significant slope. With the relocation of the Union Pacific railroad line, a portion of the proposed building and parking lot would be in the Union Pacific right -of -way. The question is whether the City should allow the proposed building project, knowing the potential impacts to be caused to the property owner and the City. With the Strander Boulevard Extension project moving into the design phase and construction, the decision needs to be whether to purchase the McLeod property today as undeveloped land and /or purchase the land in the future as a developed business, incurring relocation costs and the added expense of removing the infrastructure already installed for property development. Mr. Morrow sought Council permission for the Mayor to enter into negotiations with Stewart McLeod, to purchase the property described above. Although funding sources have not yet been identified, Mr. Morrow is confident something can be done to affect the purchase. Consensus existed to allow the Mayor to enter into negotiations on this issue, with Mr. McLeod. This issue will not come back before the Council for a formal motion on this issue. The Mayor will begin negotiations. e. Fireworks Permit — Fourth of July Events For consideration, Rhonda Berry, Assistant City Administrator, presented the fireworks issue to Council. Ms. Berry noted the City has received a fireworks display permit application for the Family Fourth events (sponsored by the City) at Fort Dent Park. This will kick off Tukwila's annual Tukwila Days Celebration. Ms. Berry noted all conditions set out by the Tukwila Fire Department have been met, and the same business /entity will provide the fireworks show, as previously sponsored by the Family Fun Center, also in Tukwila. The fireworks will be ignited in the soccer field at Fort Dent, requiring some 350 feet distance between them and the public. Since parking will be an issue, Ms. Berry explained a shuttle service will be utilized to carry attendees into and away from Fort Dent Park. One fire truck will be present during the event and four police officers will also be present in the event of need. tiodi City of Tukwila City Council Committee of Whole Minutes Page 5 of 6 June 24, 2002 Council consensus existed to forward this issue to the Special meeting agenda, immediately following this meeting. f. Briefing on Code Amendments Pertaining to Secure Community Transition Facilities Steve Lancaster, Community Development Director, reminded Council that in 2001 they adopted an ordinance which regulates a wide variety of group homes and correctional institutes. In connection therewith, there has been some recent legislative changes related to secure community transitional facilities (SCTF's) for sex offenders which will now require the City to evaluate whether or not additional regulations should be adopted to address these new "essential public facilities." Sexual offenders who have completed their criminal sentences, yet are civilly committed to the Special Commitment Center on McNeil Island, remain in total confinement, receiving ongoing treatment until the Courts determine they are ready for placement in a less restrictive living arrangement. This less restrictive living arrangement may be in the person's own residence within any given community or in a facility program operated or contracted for operation by the State's Department of Social and Health Services Washington State law was amended in 2001 to establish SCTF's as essential public facilities and thus require cities and counties planning under the Growth Management Act, to establish a process and adopt regulations for the siting of such facilities. Comprehensive plans and development regulations may not preclude the siting of these essential public facilities. Under the provisions of the legislatures Engrossed Substitute Senate Bill 6594 (ESSB), certain requirements apply to each entity (city, town, county, etc.). The bill requires provisions for placement of these facilities within Tukwila's jurisdiction and /or an amendment to our related ordinance are required by September 1, 2002. The bill also limits specific siting criteria to those listed under RCW 71.08.285; and subject jurisdictions in six counties to "preemption" after ; thus creating a very tight timeline under which all work must be performed. Mr. Lancaster suggested and supports the siting of these facilities in the MIC /H zone, subject to the following restrictions: 1) No facility shall house more than 3 persons. 2) No facility shall be allowed within 1,000 feet of any residential zone; or in the vicinity of public and private schools, school bus stops, licensed day care and licensed pre - school facilities, public parks, publicly dedicated trails and sport fields, recreational and community centers, churches, synagogues, temples and mosques, and public libraries; or within one mile from any existing SCTF or other correctional facility. 3) Require an analysis of alternative locations, with an analysis showing that the siting of such a facility will have no undue impact on any one racial, cultural or socio- economic group; and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction, or region; detailed security plan and operating rules for the facility; and a schedule and analysis of all public input solicited or to be solicited during the siting process. With such a tight timeline on which to operate, Mr. Lancaster spoke in favor of a Planning Commission review this week. Additionally, he suggested a Community Affairs and Parks briefing on July 9; a Committee of Whole briefing on July 22; and a Committee of Whole Public Hearing on August 5, 2002. Council consensus existed to accept the proposed schedule of review presented by Steve Lancaster. REPORTS: a. Mayor Mayor Mullet reported attendance to the AWC Conference on June 19 -21. There he met a former customer, Fred Keega, who now works as the Chief of Staff for Washington Governor Gary Locke. Mr. Keega informed l.oa .t.V EF+rag d Y r,• t ^.d1 �7�tJ Ya Y hTlmA?WcAM:fv��.. avnft City of Tukwila City Council Committee of Whole Minutes Mayor Mullet that the Governor may soon be issuing a proclamation declaring a state of emergency as it relates to the Citrus Longhorned Beetle situation. More information will follow b. Council Councilmember Duffle was absent. Councilmember Hernandez attended the June 11 Community Affairs and Parks Committee. Council President Simpson attended the June 11 Community Affairs and Parks Committee and the Museum of Flight Groundbreaking ceremony on June 18. Councilmember Carter distributed a written report on a recent SCATBd meeting. Additionally, she reported attendance to the AWC Conference June 19 -21. Councilmember Haggerton had no report. Councilmember Linder attended the June 18 Utilities Committee meeting. Councilmember Fenton attended the June 18 Utilities Committee meeting. c. City Staff w Rhonda Berry, Assistant City Administrator, distributed the new Tukwila Days flyer informing the community U of upcoming events beginning July 4 at Fort Dent Park, with a fireworks display and DARE dash run. 0 --- W - c. Intergovernmental U LL' Lucy Lauterbach reminded Council of the June 25 Poverty Hill tour, at 5:30 p.m. w U - EXECUTIVE SESSION: None. o Z ADJOURN TO SPECIAL MEETING: 8:45 p.m. FENTON MOVED; HERNANDEZ SECONDED; TO ADJOURN TO THE SPECIAL MEETING. The motion carried 7 -0. Richard Simpson, Council President Robert H. Baker, CMC, Deputy City Clerk Date minutes signed: July 1, 2002 Page 6 of 6 June 24, 2002 • Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION r, ,ESL /E HEREBY DECLARE THAT: • Notice of Public Hearing Determination of Non - Significance Project Name: 7uKt<J /L.A s7eer C r,,e._ Notice of Public Meeting Project Number: ED/ LO/ _ P7 Mitigated Determination of Non- Si gni fi cance Mailer's Signature: ke4-4–e Board of Adjustment Agenda Pkt Person requesting mailing: 1 a Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit . FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other . P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM Was mailed to each of the addresses listed on this 16" of Ja in the year 20 02 �!•rt, rj, q�k.'_ + +'ix).`- ° _y.&F'�`.fiuE airixy:7': -14ti _Jdae?�ia5s�vc2ixri � °. *.:.3:;r r ...,:ow�:r arrt:�zc,:..�.,::3s5•;: !:ca:.�,?. ibJ.: e�{. �+. 11. k.��rn- r�;.'%IafTdrir:r?�.�;s:. Project Name: 7uKt<J /L.A s7eer C r,,e._ Project Number: ED/ LO/ _ P7 Mailer's Signature: ke4-4–e r Person requesting mailing: 1 a P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM Was mailed to each of the addresses listed on this 16" of Ja in the year 20 02 �!•rt, rj, q�k.'_ + +'ix).`- ° _y.&F'�`.fiuE airixy:7': -14ti _Jdae?�ia5s�vc2ixri � °. *.:.3:;r r ...,:ow�:r arrt:�zc,:..�.,::3s5•;: !:ca:.�,?. ibJ.: e�{. �+. 11. k.��rn- r�;.'%IafTdrir:r?�.�;s:. APPLICANT: LOCATION: City of Tukwila Department of Community Development Steve Lancaster, Director NOTICE OF APPLICATION JANUARY 16, 2002 The following application has been submitted to the City of Tukwila Department of Community Development for review and decision. FILE NUMBER: L01 -074 (Design Review) E01 -029 (SEPA) Steven M. Mullet, Mayor Daniel K. Balmelli, Barghausen Consulting Engineers on behalf of Stewart McLeod (owner) and Willi Aigner (Oregon Soccer Center, Inc.). East of the eastern terminus of Strander Boulevard (east of West Valley Highway), between the Burlington Northern Railroad and the Union Pacific Railroad lines (Tax Parcel No. 252304 - 9006). PROPOSAL: Construction of a 28,000 square foot indoor public soccer facility with 50 on -site parking spaces, to be constructed in two phases. The first phase will be 22,000 s.f. in size and the second (an expansion along the eastern side of the building) will be 6,000 s.f. in size. The facility will be located on the northern 1.9 acres of a 5.6 acre undeveloped site. OTHER REQUIRED Land Altering Permit, City of Tukwila PERMITS: Building Permit, City of Tukwila These files can be reviewed at the Department of Community Development, 6300 Southcenter Blvd., #100, Tukwila, WA. Please call (206) 431 -3670 to ensure that the file(s) will be available. OPPORTUNITY FOR PUBLIC COMMENT You can submit comments on this application. You must submit your comments in writing to the Department of Community Development by 5:00 p.m. on January 30, 2002. If you have questions about this proposal contact Deborah Ritter, the Planner in charge of this file at (206) 431 -3663. 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I I Itnr.c ■anvo--• \ ' 7 1... Ifri , kor* or • • 11'..1-11'i^.111 C:h111••313•6"."." -.7-'1;4 tgrgrl ir" 4r,•7,:lr.4 s ''• Ic ::1 to ...a 1rX4IWIX • '7.T711,11,XV:=1,1 ""'" • ■;T: XXXTg ZN2.',1 X XX Deck lr•a 01111 (B and B. Laos then 3 0(o) Et eon Ito. Flentry (et' to 10 110010 0, ; • : tl 11;IT •ALorleICH 2 I e •1 < I I Z . CL 11/ 0 '0 0 co 0 cl) w w 0 < CI W z o z :3, D 0 0 co 0 -- cn F- LIJ uj Ui 7: 0 F" LI 5 z 0 =: P 0 January 11, 2002 Gentlemen: Sincerely, Deborah Ritter Associate Planner Daniel K. Balmelli, P.E. Executive Vice President Barghausen Consulting Engineers 18215 72nd Avenue South Kent, Washington 98032 VIA FAX 425 - 251 -8782 City of Tukwila NOTICE OF COMPLETE APPLICATION Stewart McLeod McLeod Properties 213 Lake Street South Kirkland, Washington 98033 VIA FAX 425 - 827 -9990 Re: Tukwila Soccer Center Facility East end of Strander Blvd & east of W. Valley Hwy. Tax Parcel Number 252304 -9006 SEPA (E01 -029) Design Review (L01 -074) 0 e cc: Lt. Don Tomaso, Fire Prevention Officer Public Works Department Department of Community Development Willi Aigner Oregon Soccer Center, Inc. 17015 S.E. 82nd Drive Clackamas, Oregon 97015 VIA FAX 503 - 655 -9636 Steven M. Mullet, Mayor Steve Lancaster, Director Your SEPA and Design Review applications have been found to be complete as of January 11, 2002 for the purposes of meeting state mandated time requirements. Essentially, this means that you have supplied the required items listed on the application checklist for this type of permit. A laminated copy of the "Notice of Application" and site map have been prepared and are being held in our 'Will Call" drawer. You must arrange to have the Notice picked up from our office and posted on the notice board at the site on or before Wednesday, January 16, 2002. This is the same day that we will be mailing public notice to property owners, tenants and businesses within 500 feet of the project. After you have posted the laminated Notice on the sign, please return the signed and notarized "Affidavit of Installation and Posting" to me. We are about to commence our technical review process, which is the next phase in the processing of your Design Review application. Although your application has been found to be "complete ", the items you supplied may have to be revised or amended. The City may also require that you submit additional plans and information to ensure the project meets the substantive requirements of the City and to finalize the review process. If you have any questions, please feel free to call me at 206 -431 -3663. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 State of Washington County of King City of Tukwila Az CITY OF TUKWILA Depanment of Community Development 6300 Sounccenter Boulevard, Tukwila. W,-1 98188 Telephone: (206) 431 -3670 .AA' (206) 431 -3665 E-mail: tukolanIci.tukwila.wa.us AFFIDAVIT OF INSTALLATION AND POSTING OF PUBLIC INFORNLTION SIGN(S) I PAW u i- K . 13NuvlE7.L.1 (PRINT NAME) understand that Section 18.104.110 of the Tukwila Municipal Code requires me to post the property no later than fourteen (14) days following the issuance of the Notice of Completeness. • I certify that on I - - O Z the Public Notice Board(s) in accordance with Section 13 and the other applicable guidelines were posted on the property located at par a 5a3O'1 - `1(DO (p so as to be clearly seen from each right -of -way primary vehicular access to the property for application file number LO ( -O7ej. E I herewith authorize the City of Tukwila or its representative to remove and immediately dispose of the sign at the property owner's expense, if not removed in a timely manner or within fourteen (14) days of a Notice letter. Applicant or Project Manager's Signature On this day personally appeared before me DIc\ I L- V- - Pct, Nl ELL -I to me known to be the individual who executed the foregoing instrument and acknowledged thata•she signed the same a/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN to before me this ( NCY� t. PUBLIC Gp. S 1 "FR- day of .JP<1 1 v R ZDOZ NOTARY PUBLIC in and for the State of Washington residing at fn- t , W A My commission expires on C i 19 10L1- DEC RECEIVED 2001 JOINT USE OF PRIVATE ROAD CROSSING AGREEM L . O - E 50. This Agreement is made as of ( ' - . Z , 1999 by and between MCLEOD DEVELOPMENT COMPANY, a Washington corporation. ( "McLeod "). and CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transportation authority of the state of Washington (hereinafter "Sound Transit ") for the joint use and maintenance of that certain right of way situated in King County. Washington. granted by Union Pacific Railroad Company, and as further described on Exhibit A. attached hereto and incorporated by this reference (the "Right of Way"). A. McLeod entered into a Private Road Crossine Aereement on June 13. 1996 (the "Railroad Crossing Agreement ") with the Union Pacific Railroad Company (the "Railroad ") that allowed McLeod to build and use a private road crossinu of the Railroad's right- of -wav at Strander Boulevard in Tukwila. Washington. B. The parties agreed in paragraph 9.3 of that certain Purchase and Sale Agreement between the parties dated November 3. 199E to cooperate in obtaining permission from the Railroad for Sound Transit to use the privately improved road crossing of the Union Pacific Railroad Right -of -Way at Strander Boulevard for access to its commuter rail station and parking areas. The Purchase and Sale Agreement provides that if Sound Transit uses the crossing. it shall pa■ McLeod 50° o of the license fee and maintenance cost due to the Railroad under the Railroad Crossing Agreement. C. The Railroad has agreed to grant Sound Transit permission to use the crossing as a joint licensee with McLeod under the Railroad Crossing Agreement. provided that Sound Transit and McLeod agree to be jointly and severally liable under said agreement. as amended to include Sound Transit on even date herewith. D. McLeod and Sound Transit wish to jointly use the crossing. cooperate. and equail■ share the annual expenses paid to the Union Pacific Company and other obligations under the Railroad Crossing Agreement. Noww therefore, for and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. McLeod hereby consents to the addition of Sound Transit as a party to the Railroad Crossing Agreement. subject to the terms and conditions hereof. 1 The annual cost of license and maintenance paid to the Railroad under the Railroad Crossing Agreement. including those cost set forth in Articles 1 and 3 thereof shall be home by the Parties in equal amounts of 50% o per party. Because McLeod has heretofore paid such costs for the current year of the Railroad Crossing .Agreement. Sound Transit shall reimburse McLeod a pro -rata share of I' dog. grr€i \ tarod -ST -UPC r' ing dog Background Agreement z . = w cc 2 6 00 � III = t'— U w w w =w _ zi— t— 0 z t- w w U� O N o1- w w � F .. U = O ~ z such cost from the date of this Agreement to the next anniversary date of the Railroad Crossing Agreement. On each anniversary date thereafter each party shall pay its share of such cost directly to the Railroad. 3. McLeod agrees to indemnify and defend Sound Transit against any claim or liability that may be asserted against it arising from or in connection with McLeod's activities Railroad Crossing pursuant to the Railroad Crossing Agreement and all related damages. costs and expenses except to the extent caused by or resulting from Sound Transit's sole negligence and, where such claim or liability results from the concurrent negligence of McLeod. its agents or employees and Sound Transit. its agents or employees. to the extent of McLeod•s negligence. Sound Transit agrees to indemnify and defend McLeod. any person who from time to time holds a direct or indirect ownership interest in McLeod and any person who from time to time holds a mortgage lien on McLeod's property against any claim or liability that may be asserted against it arising from or in connection with Sound Transit's activities Railroad Crossing pursuant to the Railroad Crossing Agreement and all related damages. costs and expenses except to the extent caused by or resulting from McLeod's sole negligence and. where such claim or liability results from the concurrent negligence of Sound Transit. its agents or employees and Sound Transit. its agents or employees. to the extent of Sound Transit's negligence. Sound Transit and McLeod acknoNNledge that these indemnity provisions have been mutual]■ negotiated by the parties. Sound Transit and N1cLeod each specifically and expressly waives its immunity under industrial insurance Title 51. RC\ \' as to amounts that the other may claim pursuant to this paragraph. 4. Each Part ■ shall provide the other %N ith a certificate of insurance, naming the other pan. as an additional insured on each insurance polio it is required to procure and name the Railroad as additional insured under Article 4 of the Railroad Crossing Agreement. Each such policy of one party shall contain terms benefiting the other party in the same manner as such policy benefits the Railroad. �. Each Part■ agrees not to obstruct or interfere \\ ith the others access to the Right of Way 6. This agreement shall be binding upon successors and assigns. Signed in duplicate original thisedav of � . 1999. CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY n Bv: C�fl c1JJl Its: Address: 1'n►! Secbnd Avenue. Suite 500 Seattle. Washington 98101 -3423 I do. > errei MMJcod•S).l'PCrossins �..,. •...-... . i.% isw�: r::.'...; ix... 7a,. a�: �..... i,, i'>::::.. �sr. �. um;' oMwan ;+�ix`��"ur`i::w. +vx�:uitirs z I w Ir JU 00 w I_ cn u, w g _ - d F_ x tu z I ... t— O w ~ w U � O N : 0 I— ww .. w U= O z 4 Approved as to Form: Name Legal Counsel MCLEOD DEVELOPMENT CO ANY Bv': /�,O, n! Stuart M. Tic eod. D •-.4..-- , • nt .Address: 213 Lake Street South Kirkland. Washington 98033 r •d1' ^ICtI 'I kkod•' 1•t Pt ro dot. z _� 1)— Z `. C ¢¢ g W ❑. JU ' 00 . U) ❑. W= J 1.— U) L WO g J; u. = a ; w z o : z U ❑ O - ❑ t— W W 2 F- U : u. O Z U w P. I O ~; z F do;. ^rCr �1:Irrd- CT -LPL r.'..mg do; EXHIBIT A LEGAL DESCRIPTION OF RAILROAD RIGHT OF WAY 4 rii<_ r c••..eS • , „„s�erz .iul•�cv�i.'.�•�::a :: u` 3: t.:' 3' 4; tilti5ci.tti.ULV�ia??�u.�h z eQ --Z: w D` J U U 0 u) • W W =: J � w 0 2 cc.< c _ . Z f -, F- Z F-; U U: �O N W ' � U O: .z W = i 0 1-- z A 40 foot acess and utility easement lying 20 feet each side of the following described line: Beginning at the southeast corner of Lot 2 of Short Plat 084 -85 filed with the City of Renton under Recording Number 8702039008. Thence NO1 °21'49 "W along the cast line of said short plat 219.98 feet to the centerline of Tract "X "; Thence easterly along a curve to the left whose radius is 1000 feet and bears Ni °39'24 "E through a central angle of 4 °28'02" and an arc length of 77.91 feet; Thence continuing easterly along a curve to the right whose radius equals 1000 feet and bears 502 °48'38 "E through a central angle of 1°15'51" and an arc length of 22.06 feet to the True Point. of Beginning of this description; Thence continuing easterly along last mentioned curve through a central angle of 4°18'06" an arc length of 75.08 feet to a point on a line 180.00 feet south of the south line of the Henry A. Meader Donation Land Claim No. 46; Thence N87 ° 14'40 "W parallel to said south line 28.70 feet to the cast margin of the Union Pacific Railroad Co. LOT 1 S1. PL-084-85 5 - 1RA NOfR 8L` t LOT . PL.- 084 -85 SO. LN. HJRY . MEADER / boNocLAvM t No4s — — __L � - — — pg o I O . l • O 0 O � n n n 4 cc N 0 0 5 11 1 11 11 11 11 11 11 II 11 11 11 ICA 0' NCH,. . "A -1" Page 2 of 2 SCALE 1" =100' R. D. UHRICH ASSISTANT VICE PRESIDENT ROOM 1100, 1416 DODGE STREET OMAHA, NEBRASKA 68179 1100 ( 271.3753 FAX (402) 271.5493 N EED S 'r J � UNION PACIFIC RAILROAD COMPANY CONTRACTS & REAL ESTATE DEPARTMENT 2001 COMMU IDI DEVELOP UNION PACIFIC July 22, 1996 Crossing: Private: WA- Tukwila McLeod Corporation. • - ... Mr. Stuart McLeod McLeod Development Co. 213 Lake Street South Kirkland, Washington 98033 Re: Agreement for Construction, Maintenance and Use of a Private Road Crossing with Signals on Railroad's Property at Milepost 172.09, Seattle Subdivision, in Tukwila, Washington Dear Mr. McLeod: J. A. ANTHONY D & JOINT FACILITIES D. D. BROWN DIRECTOR.REAL ESTATE J. L. HAWKINS D SUPPORT D. H. LIGHTWINE DIRECTOR•REAL ESTATE W. R. ULRICH DIRECTOR-FACILITY MANAGEMENT 1:8(390 _4 Enclosed is McLeod Development's fully executed original of the above - referenced agreement. If you have not already done so, you must contact our fiber optics group at 1- 800 - 336 -9193 for fiber optic information. Ray Oneida must be contacted at (206) 764 -1467 a minimum of 72 hours before entering Railroad property. Union Pacific Railroad is continually trying to do a better job for our customers. We would like to know what we did right, and if there were any areas where you felt that our performance could improve, we would like to hear that also. Enclosed is a survey for that purpose. otL. If you have any q stions concerning the terms of this agreement, please contact me at (402) 271 -2343. As Jim Hill retired from the Railroad last year, questions concerning the installation of the crossing should now be directed to ohn Trumbull, Manager- Industry and Public Projects, telephone ,,01/ A4j .�� (5 /8 05 Sincerely yours, 5 - 5, 7 ca - & r � Pit °l7 z62 MILLI SCHEER � 1906. Contracts Representative PRX 880805 Form Approved, AVP -Law PRIVATE ROAD CROSSING AGREEMENT''. ' THIS AGREEMENT is made this /3 day of U,ue, , 1'99'4 , by and between UNION PACIFIC RAILROAD COMPANY (hereinafter "Licensor"), and MCLEOD DEVELOPMENT COMPANY whose address is 213 Lake Street South, Kirkland, Washington 98033 (hereinafter "Licensee"). RECITALS: The Licensee desires the construction, maintenance and use of a private road crossing (hereinafter "Road Crossing "), consisting of paved roadway approaches, a 33- foot -wide concrete crossing surface and all appurtenances thereto, including but not limited to any flashing light signals and gates, stop signs or identification signs, drainage facilities, on, over, and across the Licensor's right -of -way and main track at M.P. 172.09, Seattle Subdivision, at or near Tukwila in King County, Washington, in the location shown on the attached print dated August 12, 1993, marked Exhibit A -1 and as shown on the attached signal design drawing dated October 10, 1990, marked Exhibit A -2. The Licensor is willing to grant the Licensee the right to cross its right -of -way and tracks at the location shown on Exhibit A -1 for the purpose of providing private access to certain real property described on Exhibit. C, attached hereto, subject to the terms set forth below. Articles of Agreement Page 1 of 4 NOW, THEREFORE, the parties agree as follows: Article I. LICENSOR GRANTS RIGHT. 809558.PRX 18 o4 A. The Licensor grants the Licensee the right to cross its right -of -way and tracks at the location shown on Exhibit A subject to the terms set forth herein and in the attached Exhibit B, together with the right of entry to control and remove from the Licensor's right -of -way, on each side of the Road Crossing, weeds and vegetation which may obstruct the view of motorists approaching the crossing area to any trains that may also be approaching the crossing area. In consideration of the license and permission granted herein, the Licensee agrees to observe and abide by the terms and conditions of this Agreement and to pay to the Licensor a license fee of $1,650.00 payable annually in advance and an administrative fee of $500.00 upon the execution of this Agreement. Q z ;~ w 00 cn w J N (!)U w u- _ CD F w z � Z uj U O� in w w o w z U o z B. Effective on or about the fifth anniversary of this Agreement and on or after the anniversary day of each subsequent five -year period, the Licensor may re- evaluate the base upon which the license fee is computed. Changes in the license fee may be made by automatic adjustment in billing only once during each successive five - year period and shall not be applied retroactively. Licensor agrees that any increase in the license fee shall not exceed twenty -five percent (25 %) at any one time. Article 2. CONSTRUCTION OF ROAD CROSSING. A. The Licensor will furnish the materials for and install the portion of the Road Crossing lying between the rails of the tracks and for one (1) foot on the outside of each rail and will furnish and install flashing lights and gates and identification signs on each side of the crossing and raise, or cause to be raised, any interfering wireline of Licensor at a cost to the Licensee of One Hundred Sixteen Thousand Fifty -three Dollars ($116,053.00) B. The Licensee, at its own expense, will construct and perform grading and surfacing work for the remaining portion of the Road Crossing and install any and all appurtenant gates, drainage facilities, traffic signs, or traffic devices shown on Exhibit A -2. The construction work shall be done to the satisfaction of the Licensor. C. The Licensee agrees to notify the Licensor's representative at least 48 hours in advance of commencing any work in which any person or equipment will be within 25 feet of any track. Article 3. MAINTENANCE OF WARNING DEVICES. The Licensor shall maintain, repair and replace the warning devices installed hereunder at a cost to the Licensee of $4,000.00, payable annually in advance beginning on the date the warning devices are placed in service. The Licensor reserves the right to adjust the maintenance fee to reflect actual costs incurred by the Licensor in maintaining the warning devices. Article 4. LIABILITY INSURANCE. A. The Licensee shall provide the Licensor with a certificate issued by the insurance carrier providing the insurance coverage required pursuant to Exhibit B -1 of this agreement in a policy which contains the following type endorsement: Articles of Agreement Page 2 of 4 • a • w r aa t JU 000 N Cr) LL1 111 w gQ = a w Z = Z UO O N O 1- wW r z 'I o .. z 113 z "Union Pacific Railroad is named as additional insured with respect to all liabilities arising out of Insured's (as Licensee) construction, maintenance z and use of the road crossing on Licensor's property." z it w _I0 00 CO w= J H w u-? � a w _ z � z° uj U O - C3 I- wW 0 L-6 0 .z U z Licensee WARRANTS that this Agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/ broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. B. All insurance correspondence shall be directed to: Union Pacific Railroad Company, 1416 Dodge Street, Room 1100, Omaha, Nebraska 68179, with reference to Folder No. 809558. Article 5. TERM. This Agreement shall be effective as of the date first herein written, and shall continue in full force and effect until terminated as provided in Exhibit B. Article 6. SPECIAL PROVISIONS. A. Flashing lights and gates are required for this Road Crossing. If the Licensee desires to use the Road Crossing in advance of the installation of the flashing lights and gates, the Licensor's flagman shall be required to stop vehicular and pedestrian traffic. In addition, no work of any kind shall be performed, and no person, equipment, machinery, tools, materials or vehicles shall be located, operated, placed or stored within twenty -five (25) feet of any of Licensor's tracks at any time, for any reason, unless and until Licensor's flagman is provided to watch for trains. All expenses connected with the furnishing of said flagman shall be at the sole cost and expense of the Licensee, who shall promptly pay to the Licensor all charges connected therewith within thirty (30) days after presentation of a bill therefor. Arrangements for flagging are to be made at least seventy -two (72) hours in advance by contacting the Licensor's Manager -Track Maintenance at (206) 764 -1467. B. Any gates that are required to be installed hereunder shall be kept locked on nonoperational days. Gates shall be kept open on operational days, which include move -in days, move -out days, event days and delivery days. Licensor and Licensee shall be permitted to install locks on the gates and have mutual independent access through same. C. If at any time the Licensor is of the opinion that the Road Crossing is being used without due regard and precaution for safety, Licensee will at the Licensor's request immediately suspend use of the Road Crossing until it adopts adequate and Articles of Agreement Page 3 of 4 =r: proper protective measures that are approved by the Licensor. D. In addition to the termination provisions set forth in Exhibit B, the Licensor agrees to provide a copy of any default notice to Licensee's lender if Licensor has received written notice of such lender's name and address. Licensor agrees to accept a cure of default from such lender. Such lender shall have sixty (60) days after receipt of notice of default to cure such default. Nothing herein shall require any lender to cure any default. E. In addition to the assignment provisions set forth in Exhibit B, and upon written consent of the Licensor, the Licensee may assign its rights hereunder to any lender in connection with any grant of a security interest in Licensee's property. Any mortgagee acquiring Licensee's estate pursuant to foreclosure may sell and assign such estate and Licensor's interest hereunder, PROVIDED that such assignee agrees to assume Licensee's obligations hereunder. F. In the event the Licensor elects to terminate this Agreement as provided for herein and require the removal of the Road Crossing covered by this Agreement, the Licensor is agreeable to the installation of a grade separation structure under the Licensor's right -of -way (hereinafter "Underpass "), at no cost to Licensor, subject to Licensor's review and approval of any plans submitted therefor. Installation of the Underpass would be covered under a separate agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first herein written. Witness: Articles of Agreement Page 4 of 4 UNION PACIFIC RAILROAD COMPANY By By \ 6. Title: Director- Contracts and Joint racilities MCLEOD DEVELOPMENT COMPANY Title: /Cs%c x77' 186904 z i� ~ w 2 000 J w u. co d w z � h z1-- w uj U� O- C I-- W I - I I 0 Z w U = O ~ z E66 'Z [ 7rn2nY :alga $ulssau0 pso a7snpd Job •00 luatudolanac pop 'PV luauniar dusdwoxs o1, uo38ulystM •,C1uno3 Bupl 'sII""In.L uols}nlpgng 60th! . d'NI '00 QYOdi OIRLDWI NOINf1 .1 V.1IS1HX3 . L.) j"' £L .'►ter. J .. I. • / ti .• . • i • • �Ytr NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. r A 40 foot acess and utility easement lying 20 feet each side of the following g described Beginning at the southeast corner of Lot 2 of Short Plat 084 -85 filed with the City of Renton under Recording Number 8702039008. Thence N01 ° 21'49 "W along the ea line of said short plat 219.98 feet to the centerline of Tract "X "; Thence easterly along a curve to the left whose radius is 1000 feet and bears Ni ° 39'24 "E through a central angle of 4 ° 28'02" and an arc length of 77.91 feet; Thence continuing easterly a curve to the right whose radius equals 1000 feet and bears SO2 °48'38 "E y through a central angle of 1 and an arc length of 22.06 feet to the True Point of Beginning of this description; Thence continuing easterly along last mentioned curve through a central angle of 4 an arc length of 75.08 feet to a point on a line 180.00 feet south of the south line of the Henry A. Meader Donation Land Claim No. 46; Thence N87 ° 14`40 "W parallel to said south line 28.70 feet to the east margin of the Union Pacific Railroad Co. BLVD. LOT SH. PL- 084 -85 I I SO. LN. HENRY ^. MEADER Z 0NATION, CLAIM NO.46 LOT I SH. PL-0134-85 n 3 J O O W o- c I i II a knee 5/3; EXHIBIT "A -1" Page 2 of 2 SCALE 1" =100' O GROUNDING LAYOUT NOTESI P.S. 1651 CONIECT TO NEAYT DUTY CONTACTS. SHOT CONTACT PARSERS IF DIFFUtENT THAN SNOT/H. A. SHOW HEAVY DUTY cOH1A{TS a RELAY RES. W v DIFFERENT THAN 51101H. • 71157(0 TIRES ALL TRACK WIRES 2C.•G INSLLITED I TWIST PEA FT. BRONZE 5141E10 TAPE POLYETHYLENE JACKET L LESS oTHERnSE SPEC117ED. TRANSYI7TER AND RECEIVER LEADS TO OE SEPARATED BT AT LEAST 12 IN TRENCH. LENGTHS SHOUL0 NOT EXCEED NAM$*CTURtR'S RECOW(OA1lON. TOP OF FOUNDA7t041 TO llE AT SANE ELEYATION AS THE SURFACE OF THE TRAVELED TAY ► NO MORE DUN 4• ABOVE T7E SRW'ACE Cr THE CROIAA. ALL BI 4CALOT MGIIIIC TO BE *It UMESS OTHERWISE SPECIFIED. ALL Lt611T5 TO BE It Rt7.ICELS. _ _ . 4• X UV STEEL PIPE LICHISI A L 1 1.2 SS" /I'I A L 1 5.6 Tit' CATE A.2r GAT( 0. 26' 1 72 71 144- --0- -• 5 25• 5r —+ 1 4.0047 16442 1 £'ef' RI R2 Is s' 1 .� .. * •.I..... 4 — 510- 17Id 1E1 ®■; M I MO e ILK '.. � 1717 (111 1181' 1774' 27 WC. 45 M.P.H. f , I EXHIBIT "A -2" UNION PACIFIC RAILROAD CO. M.P. 172.09 — SEATTLE SUBDIVN. TUKWILA, KING COUNTY, WASHINGTON tRIVATE ROAD CROSSING FOR MCLEOD DEVELOPMENT COMPANY DATE: OCTOBER 10, 1990 CONSTT7UCTION NOTE 1 RETIRE IS' PYT. CREME G AT •.172.12 W LL Q ® M.l •tl[ W T V z j �s. SRA - TO MAINS UNION PACIFIC RA {ROAD SEATTLE. WASHINGTON TO RESERVATION, WASHINGTON C.T.0 CIRCUITS •T1r1 .r I. ? f TUTVILA. VA PTT. XING '44(00 W. 172.01 SEATTLE S0101Y1910(1 0.0.T! PAW • Calf 15.10 -'W 1H[Ct I C/ 1 ,r„ B -5074C ICCPCT., 7 -2145 Z 1 F. ~ N W LL C 00 u) O W z •PRX 88()805 PRE 880806 PR° &E 880807 CR.\ 940408 FORM C Licensee and /or its Contractor /Subcontractor shall, Contractor's /Subcontractor's sole cost and expense, procure and promptly pay when due all premiums for that insurance. have the right to obtain such insurance and Licensee shall that expense. The following insurance shall be kept in Agreement. Page 1 of 1 L:\ 7O101J\2 XiZI2t1.1470 EXHIBIT B -1 Large Commercial, Industrial, Contractors Private Grade Crossing and /or Encroachment Contractor's Road Crossing Insurance Requirements at its own and /or its the following kinds of insurance If it so elects, Licensor shall promptly reimburse Licensor for force during the life of this General Public Liability insurance providing bodily injury, including death. personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of at least $4,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, Broad Form Property Damage, a waiver of governmental immunity (ISO Form GL 24 14 or equivalent), coverage for construction or demolition work on or near the railroad tracks, severability of interests and name Licensor as an additional insured with respect to all liabilities arising out of Licensee's obligation to Licensor in the Agreement. If coverage is purchased on a "claims made" basis it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked should insurance covering the time period of this Agreement be cancelled. Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and non - owned, mobile equipment to the extent it may be excluded from general liability insurance, severability of interests and name Licensor as an additional insured with respect to all liabilities arising out of Licensee's obligation to Licensor in the Agreement. Worker's Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability. Also compliance with all laws of states which require participation in their state workers' compensation fund. The Licensee and /or its Contractor /Subcontractor hereby waives its right of subrogation, as respects the above insurance policy(ies), against Licensor for payments made to or on behalf of employees of Licensee or its agents and for loss of its owned or leased property or property under its care, custody and control while on or near Licensor's right -of -way or other real property. Licensee's and /or its Contractor's /Subcontractor's insurance shall be primary with respect to any insurance carrier by Licensor. Licensee and /or its Contractor /Subcontractor shall furnish to Licensor certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance company(ies) issuing such policy(ies) shall notify Licensor in writing at least thirty (30) days prior to making any material alteration, including any change in the retroactive date in any "claims- made" policies or substantial reduction of aggregate limits (if such limits apply), or cancellation 'of any policy(ies). The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to Licensor or with a current Best's Insurance Guide Rating of B and Class VII or better. Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. T +v;%S t4:P.;vi.4SF:ltcrir+:yawLi Z Z W U 00 N J F W O §? D. 0 = W Z F- Z0 U ON 0H WW I- H O .Z W U= 0 Z PRX•880805.A Form Approved, AVP -law EXHIBIT B Page 1 of 2 L: \rosins \WG \04SS$.F EXHIBIT B SECTION 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The rights granted to the Licensee are subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire railroad right of way, and are also subject to the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics or other wire lines, pipelines and other facilities upon, along or across any or all parts of said right of way, any of which may be freely done at any time by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The Licensee's rights are also subject to all outstanding superior rights (including those in favor of licensees, lessees of said right of way, and others) and the right of the Licensor to renew and extend the same, and are granted without covenant of title or quiet enjoyment. (c) It is expressly stipulated that the Road Crossing is to be a strictly private one and is not intended for public use. The Licensee, without expense to the Licensor, will take any and all necessary action to preserve the private character of the Road Crossing and prevent its use as a public road. SECTION Z. MAINTENANCE AND USE. (a) The Licensor, at the sole expense of the Licensee, shall maintain the portion of the Road Crossing lying between. the rails of the tracks and for one (1) foot on the outside of each rail; provided, however, that such maintenance work shall be limited to that required for the safe and efficient operation of its tracks, and such other maintenance as the Licensor has agreed to perform on specific request of the Licensee. The Licensee, at its own expense, shall maintain the remaining portion of the Road Crossing and shall keep the rail flangeways clear of obstructions. (b) The Licensee shall, at its sole expense, maintain, repair, renew and replace any gates, cattle guards, drainage facilities, traffic signs or devices, identification signs approved by the Licensor or other appurtenances shown on Exhibit A. The Licensee shall, at its own expense, install and thereafter maintain any such appurtenances that may subsequently be required by the Licensor, by law, or by any public authority having jurisdiction. The Licensee shall control vegetation along the right of way on each side of the crossing so that the Licensee's line of sight to approaching trains is not impaired or obstructed by vegetation. All work performed by the Licensee on the right of way shall be done to the satisfaction of the Licensor. (c) The Licensee shall require all vehicles approaching the crossing to stop a safe distance from the tracks before crossing the tracks. The Licensee shall keep any gate affording access to the Road Crossing closed and locked at all times except during the time of actual passage through it onto or.from the Road Crossing. The Licensee shall not do, suffer or permit anything which will or may obstruct, endanger or interfere with, hinder or delay the maintenance and operation of the Licensor's railroad tracks or appurtenant facilities or the facilities or equipment of others lawfully using the Licensor's property. The Licensee shall adequately supervise and police use of said Road Crossing so that no person, vehicle or livestock stops or stands on the Licensor's tracks or attempts to cross the Licensor's railroad tracks when a railroad train, engine, equipment, or car is approaching or occupying the Road Crossing. j SECTION 3. MODIFICATION OR RELOCATION OF ROAD CROSSING. (a) Whenever the Licensor deems it necessary or desirable in the furtherance of its railroad operating requirements or for the improvement and use of its property to modify or relocate the Road Crossing: (1) the Licensor shall, at the sole expense of the Licensee, modify or move the portion of the Road Crossing lying between the rails of the tracks and for one (1) foot on the outside of each rail; and (2) the Licensee shall, at the Licensee's sole expense, modify or move the remaining portion of the Road Crossing and the appurtenances thereto. (b) All the terms of this agreement shall govern the continued maintenance and use of the Road Crossing as modified or relocated pursuant to this section. SECTION 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Licensee shall telephone the Licensor at '1-800- 336 -9193 (a Z4 -hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensor's premises. (b) In addition to the liability terms elsewhere in this Agreement, the Licensee shall indemnify and hold the Licensor harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorneys' fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the Licensee, its contractor, Q = Z W Ix 2 00 tn to W 1L W 0 u U) = W i— Z }.. ZI- W U N Ci W W I HF IL- . Z W U = 0 Z PRX.880805 A Form Approved. AVP -Law age.. ' and /or employers, that causes or in any way or degree contributes to (I) any damage to or destruction of any telecommunications system by the Licensee, and /or its contractor, agents and /or employees. on Licensor's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and /or its contractor, agents and /or employees. on Licensor's property, and /or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(ies). SECTION 5. INDEMNITY. The Licensee assumes the risk of and shall indemnify and hold harmless the Licensor and other railroad companies which use the property of the Licensor, their officers, agents and employees, against and from any and all loss, damages, claims, demands, actions, causes of action, costs, attorneys' fees, fines, penalties and expenses of whatsoever nature (hereinafter 'Loss') which may result from: (I) injury to or death of persons whomsoever, (including officers, agents and employees of the Licensor and of the Licensee, as well as other persons); (2) loss of or damage to property whatsoever (including damage to property of or in the custody of the Licensee and damage to the roadbed, tracks, equipment or other property of or in the custody of the Licensor and such other railroad companies, as well as other property); or (3) the Licensee's failure to comply with any federal, state or local law, regulation, or enactment; when such Loss is due to or arises in connection with or as a result of: (a) the construction of the Road Crossing; (b) any work done by. the Licensee on or in connection with the Road Crossing; (c) . the use of said Road Crossing by the Licensee, or the officers, agents, employees, patrons or invitees of the Licensee, or by any other person; (d) the use of said Road Crossing by the Licensee's successors or assigns or the officers, agents, employees, patrons or invitees of the Licensee's successors or assigns until the Licensee either complies with the provisions of Section 8 or terminates the agreement as provided in Section 6; or (e) the breach of any covenant or obligation assumed by or imposed on the Licensee pursuant to this agreement, or the failure of the Licensee to promptly and fully do any act or work for which the Licensee is responsible pursuant to this agreement;' regardless of whether such Loss is caused solely or contributed to in part by the negligence of the Licensor, its officers, agents or employees. SECTION 6. TERMINATION ON BREACH OR ON NOTICE. (a) It is agreed that the breach of any covenant, stipulation or condition herein contained to be kept and performed by the Licensee shall, at the option of the Licensor, forthwith work a termination of this agreement and all rights of the Licensee hereunder. A waiver by the Licensor of a breach by the Licensee of any covenant or condition of this agreement shall not impair the right of the Licensor to avail itself of any subsequent breach thereof. s (b) This agreement may be terminated by either party on thirty (30) days' written notice to the other party. SECTION 7. REMOVAL OF ROAD CROSSING. (a) Upon termination of this agreement howsoever, the Licensor shall, at the sole expense of the Licensee, remove said Road Crossing and restore the premises of the Licensor to a condition comparable to that existing immediately prior to the construction of said Road Crossing. (b) In the event of the removal of the Road Crossing as in this section provided, the Licensor shall not be liable to the Licensee for any damage sustained by the Licensee for or on account of such removal, and such removal shall not prejudice or impair any right of action for damage, or otherwise, which the Licensor may have against the Licensee. SECTION 8. ASSIGNMENT. The Licensee shall.not assign this agreement. or any interest therein to any purchaser, lessee or other holder of the property served by the crossing or to any other person, without the written consent of the Licensor. If the Licensee fails to secure the Licensor's consent to any assignment, the Licensee will continue to be responsible for obligations and liabilities assumed herein. - SECTION 9. SUCCESSORS ANO ASSIGNS. Subject to the provisions of Section 8 hereof, this agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns. EXHIBIT 8 Page Z of 2 L :ummw7 \WANG \o45SN.D® APPLICATION NAME OF PROJECT/DEVELOPMENT: Tukwila Soccer Center LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL 10 DIGIT PARCEL NUMBERS. The project is located at the east end of Strander Boulevard and east of West Valley Highway. Tax Parcel Number: 252304 -9006 Quarter: 25 Section: 23 Township: 04 (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: Daniel K. Balemlli, Barghausen Consulting Engineers Address: 18215 -72nd Avenue South, Kent, WA 98032 FAX: (425) 251 -8782 Date: 1Z- --Of Phone: (425) 2 -6222 Signature: C \homepage \tukwila dcd\ apps \BARZDOC, 08/17/00 Range: E Der ya5 1o5te -`7Na7- CITY OF TUKWILA DESIGN Department of Community Developnif 6300 Southcenter Boulevard, Tukwila, 14 R$ 8� � VIEW Telephone: (206) 431 -3670 FAX (206) 431665 ��� E -mail: tukplan @ci.tukwila.wa.us EC 3 2001 b CO mm 1 ��w;v y'.;' F�. ist: �'. �: isr��i.' �t., wL. ..�. \+°,:.�:•�tW�':.:,t?.7:1.� i. , FOR STAFF USE ONLY Sierra Type P -BAR Planner: 1:::xL-' - 'R A\_ _ File Number: /j) A - 07 Application Complete (Date: x-11- 02...,) Project File Number: f aio /- 031:0 Application Incomplete (Date: ) Other File Numbers: �� J - r -9 APPLICATION NAME OF PROJECT/DEVELOPMENT: Tukwila Soccer Center LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL 10 DIGIT PARCEL NUMBERS. The project is located at the east end of Strander Boulevard and east of West Valley Highway. Tax Parcel Number: 252304 -9006 Quarter: 25 Section: 23 Township: 04 (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: Daniel K. Balemlli, Barghausen Consulting Engineers Address: 18215 -72nd Avenue South, Kent, WA 98032 FAX: (425) 251 -8782 Date: 1Z- --Of Phone: (425) 2 -6222 Signature: C \homepage \tukwila dcd\ apps \BARZDOC, 08/17/00 Range: E Der ya5 1o5te -`7Na7- CITY OF TUKWILA DESIGN Department of Community Developnif 6300 Southcenter Boulevard, Tukwila, 14 R$ 8� � VIEW Telephone: (206) 431 -3670 FAX (206) 431665 ��� E -mail: tukplan @ci.tukwila.wa.us EC 3 2001 b CO mm 1 ��w;v y'.;' F�. ist: �'. �: isr��i.' �t., wL. ..�. \+°,:.�:•�tW�':.:,t?.7:1.� i. , Parcel No.: Address: Suite No: Applicant: Receipt No.: Initials: User ID: Payee: TRANSACTION LIST: ACCOUNT ITEM LIST: doc: Receipt City of fukwila 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670 2523049006 R010001598 MCB 1630 Current Pmts DANIEL BALEMELLI OREGON SOCCER CENTER Amount Payment Check 6084 ZONING /SUBDIVISION Type Description CITY OF TUI:WILA RECEIPT PW DCD 325.00' PW DCD 900.00 CHECK 1 12/31/01 16 15:23 0097 2191 RECEIPT Method Description 000/345.810 Permit Number: Status: Applied Date: Issue Date: Payment Amount: 900.00 Payment Date: 12/31/2001 11:18 AM Balance: $0.00 900.00 Account Code 900.00 Total: 900.00 L01 -074 PENDING 12/31/2001 2191 12/31 9716 TOTAL 1225.00 Printed: 12- 31 -2C01 z a I I Ce 6 J U. O 0 (o 0 cn w J = H • u. w O gQ I d. F- 11.1 Z I– O Z I— U • O O - a I– W 2 I U • LLIZ U O Z City of Tukwila Department of Community Development - Building Division Phone: (206) 431 -3670 Pre - Application PRE01 -036 File Number Meeting Date: 11/29/01 Date Checklist 12/10/01 Mailed: Project: Tukwila Soccer Center Time: 3:30 p.m. By: Stefania Spencer Site 7350 South 163 "' Street Address: DEPARTMENTS X X X X X PERSON City of Tukwila Pre - Application Process MEETING ATTENDANCE RECORD PHONE #'s Building 431 -3670 Fire 575 -4404 Planning 431 -3670 Public Works 433 -0179 Parks & Rec 433 -1843 Police 433 -1804 Environmental 431 -3662 Permit Center 431 -3670 Other: CONTACT Name: Dan Balmelli Phone: 425 -251 -6222 Company /Title: Barghausen Engineering Street Address: 18215 72 Avenue South City /State /Zip: Kent, WA 98032 OTHERS Name: Lynn Takeuchi Phone: 425- 463 -2000 PRESENT Company /Title: Mulvanney /Architect Street Address: City/State /Zip: Bellevue, WA Name: Lew Delo Phone: 503- 228 -3299 Company /Title: Delo and Bowers, LLP /Attorney Street Address: 2400 SW 4' Sutie 210 City /State /Zip: Portland, OR 97201 Name: John Emanuels Phone: 206 - 310 -5153 Company /Title: Liebsohn & Company Street Address: 11100 NE 8 "' Street, #800 City/State /Zip: Bellevue, WA 98004 Name: Kermit Jorgensen Company /Title: Liebsohn & Company Street Address: 11100 NE 8 "' Street, #800 City/State /Zip: Bellevue, WA 98004 Name: Jeff Schramm Company /Title: Transportation Engineering NW Street Address: 11410 NE 124 "' Street, #691 City/State /Zip: Kirkland, WA 98034 Name: Willi Aigner Company /Title: Developer Street Address: 17015 SE 82"" Drive CITY STAFF PRESENT Bob Benedicto, Sr. Plans Examiner Don Tomaso, Fire Marshal Carol Lumb, Associate Planner David McPherson, Associate Engineer Stefania Spencer, Permit Technician NAMES/TITLES APPLICANT/REPRESENTATIVES PRESENT 4r Phone: 6300 Southcenter Boulevard, #100 Tukwila, Washington 98188 City /State /Zip: Phone: 425 -586 -4645 Phone: 206- 396 -8286 503 -655 A lS a9 5r53- (AS Clackamas, OR 97015 City of Tukwila Permit Center 6200 Southcenter Boulevard Tukwila, WA 98188 RE: Request for Pre- Application Meeting for Tukwila Soccer Center Project located at 7350 South 163rd Street, Tukwila, Washington BCE Job No. 10320 Our office is assisting the Oregon Soccer Center, Inc., in developing a new indoor soccer facility located at the east end of Strander Boulevard between the Burlington Northern and Union Pacific Railroad lines. We are requesting a pre - application meeting with the City of Tukwila staff to determine the specific requirements for developing this property. Enclosed are the following plans and documentation for you use in scheduling a pre- application meeting for this project: 1. Eight copies of the completed pre - application meeting application form. 2. Eight copies of a preliminary site plan showing the proposed building and parking layout, landscape areas, limits of existing wetland and buffer areas, existing easements, and the location of the future extension of Strander Boulevard along the project's northerly boundary. 3. Eight copies of an ALTA Boundary Survey previously prepared by Eastside Consultants, Inc., for Sound Transit highlighted to show the specific location of the project. RECEIVED 4. Eight copies each of the proposed building floor plan and elevation showing the interior laSicYucef TUKWILt . the building and the proposed exterior building materials. NOV 19 2001 5. Eight copies of a letter dated November 14, 2001, from Willie Aigner, Oregon Soccer Centg, , CENTER providing a brief description of the project, proposed schedule, and traffic patterns. 6. Eight copies of a Wetland and Buffer Mitigation Program, First and Second Growing Season Monitoring Report prepared by Watershed Dynamics, Inc., for the area located on the south end of the project site. t "' �.• j r� The project is located on approximately 1.9 acres of a 5.6 acre undeveloped site. The property is located east of the eastern terminus of Strander Boulevard, between the Burlington Northern Railroad and Union Pacific Railroad (UPRR) lines. The property is also located south of the proposed Sound Transit station which, we understand, is currently in the design process. A Wetland and Buffer Mitigation Program was previously prepared by Watershed Dynamics, Inc., and approved by the City of Tukwila. We also understand that the buffer mitigation work has also been constructed on the south portion of the project site as shown on the 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX www.barghausen.com CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES November 19, 2001 • %Y ?.i FNkwYroN City of Tukwila Permit Center -2- November 19, 2001 preliminary site plan. Access to the site will be provided by the extension of Strander Boulevard, across the existing UPRR tracks to be constructed by Sound Transit. The project will include the construction of a 22, 000 - square -foot steel frame building with metal siding and roof, as shown on the building elevation. The site plan also shows a proposed future building expansion area of approximately 6,500 square feet, located on the west end. As indicated in the November 14, 2001, letter from Willie Aigner of Oregon Soccer Center, Inc., the facility will provide indoor soccer for both adult and youth soccer teams. The facility is open to the public and is not for use as a private club. The soccer games are played in two 22- minute halves, with new games beginning approximately every 50 minutes. The soccer games typically run from 6:30 p.m. to 11:00 p.m. on weekdays, and 4:00 p.m. to 12:00 a.m. on the weekends. Between December and April, which is considered the busy season for youth leagues, games typically run from 4:00 p.m. to 11:00 p.m. on the weekdays and from 7:00 a.m. to 12:00 a.m. on the weekends. The facility includes a 1,160- square -foot pro -shop for the retail sale of soccer equipment. The pro -shop usually opens for business no earlier than 12:00 p.m. during the week. Since the majority of the facility's business is generated by adult soccer leagues, there is little need for spectator seating. The spectator area is located along the side of the soccer field, near the pro -shop and consists of approximately 4 or 5 tables with 3 to 4 stools per table. Because of the minimal number of spectators, a concession stand is not needed and therefore concessions are provided by vending machines. The applicant has developed two other facilities identical to the proposed project in Clackamas, Oregon and Spokane, Washington. These facilities have been in operation for approximately 6 years and 3 years respectively. Thirty -nine parking spaces were provided for each of these facilities and according to the applicant, adequately meets their parking needs. Because of the unique use of this facility, we are requesting specific information from City staff as to how they will be reviewing the project's parking space requirements. We understand that the project will require both SEPA and Design Review approval through the City of Tukwila. The applicant's goal is to open the project for business by October 15, 2002. Assuming that the applicant and their consultants work closely with City staff and diligently pursue the necessary City approvals, we would appreciate City staff's input as to whether building permits could reasonably be issued by May 2002. Please proceed to schedule a pre - application meeting for this project at your earliest convenience. Thank you for your assistance. Sincerely, iL'lLA-� -�'' � 1 ' frLL •y 'C D aniel K. Balmelli P.E. Executive Vice President DKB /rh/bd 10320c.001 enc: As Noted cc: Willie Aigner, President, Oregon Soccer Center, Inc. (w /enc) Lew Delo, (w /enc) John Emanuels, (w /enc) '�i 7 17015 S.E.82nd Drive Clackamas, Oregon 97015 November 14, 2001 City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 RE: Proposed indoor soccer center Located at 7350 S 163" Street To Whom It May Concern: Sipcerely, Willi Aigner , President OEQON I would like to take the opportunity to share with you a brief description of our proposed project, our proposed schedule, traffic patterns, and business steeds for the Tukwila Soccer Center. First, let me give you a brief history of how we have reached our present position. In March of 1989, the Oregon Soccer Center was founded. On October 15, 1995 we opened our first building in Clackamas, Oregon. Three years later, on October 15, 1998, we opened our second building in Spokane, Washington. Both of these structures are of identical dimension. With 39 parking spaces provided at each location. The fact that both of the previous buildings were opened on October 15 was not a coincidence. It is extremely important to our business that the buildings receive the occupancy certificate by October 15 as this is the beginning of the busy season for us. In regards to our business: we provide leagues, and a playing field for both adult and youth indoor soccer teams. We are open to the public, and are not a private club. Games are played in two 22- minute halves, with a new game beginning approx. every 50 minutes. On average there are 10 players on each team. Our game times typically begin at 6:30pm and end at 11:00pin Monday through Friday. On the weekends the adult games begin at 4:00pm and end at 12 :00am. Typically in December through April, the busy season for the youth leagues, the games begin at 4pm Monday trough Friday and 7:00am on both Saturday and Sunday. As you can see from the plans, we do have an area for a small pro -shop on the premises. Our store does not open before noon during the week, as 95% of our pro -shop business is transacted during game times. Since the majority of our business is generated from the adult leagues, we have very little need for significant spectator seating. It is not unusual to have adult games with only 5 or 6 spectators per game. The spectator area consists of 4 or 5 tables with 3 or 4 stools per table located along the side of the in field near the pro - shop. Because of this relatively low turnout, we will not have a concession stand. We will however, provide vending machines. It should also be noted that our facilities are alcohol free. RECEIVED TI IKWILA I hope this gives you an overview of our business and needs in the Tukwila area. We are very" excited about the possibility of establishing an indoor soccer center in the area, and look forward to a NOV 2001 candid and productive dialogue with you. 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PO. 41 711E 100/1201 100/1201 RW O' OF AILLL [ CONCRETE 1[0185,41 AK111.0 00012 4.70 M MIN AMR. T5C 41111010 O TI 5 E ON110000.21 IS 057(0 AS 0) 51 44 oh, T( 11000 22212002.2 v. OL RAIL 15 90501 375 09 1725, 309 NO. 5.300100014', (501 000510 YAY 10. IBIS. < Ir Am 1.11$ ( IC AD) 411$ SSW 10.4 10.4 M 10•)1 .Ir n F.1. 5.156 ( .2 ualle) vu me 3. r 9•c 1.Mv Olr E1M 7: 1 (lr tVE (•)1.I) r IY ttl<1 g 1 rt a SSW 1•01521 [ 5• IK 1.411 [ 1' M [•1a11 TACO 1 :Ei 1. 1 TOPOGRAPHIC SURVEY ° TM � 4 1:1�� • MA MP [KIT 5115$ 0 2 Pot 1)51 $1.11J1 : I� [ 1a• 1D< o-lm RECEIVED flEC 1 2001 DEVELOPMENT D I ' II /5 .i l',1 liti K 011.1 j/ p al I �_- _ -1 . \ \L i..! m� f I y . I I II 11 I 111' III Il 11 III i 'I CALL BEFOPE YOU DO j 1- 600••424 -5555 1 I I ; PROPOSED I I L • ew. EXTEN EIj I f i� l � � IS' ER I IM>S(NI l i�'F'I�;aun VIn , jL� � l f R ,'�1 I ;I t 4 ve" ii.] � 1 ( � g ' P 12 yy � 4pi.S' 1C =::� "v�l� ,T % 1 . , . ter• , T ' � ' I LEGEND STOOL MIX T ITAXIE N7H4. m02010. SPMTO DUMMY RE9ARS'S WLDI (.oWEA Nat II VO� MO TO M.IID MSS MOM, COMM COM PROS MO IDI -CORD TURF 401 Ma 011M TRDOOMMS hownworn RR RIMER me 10: 301-431 -1311 FAX 303.447 -71AI OR ST IRDOIT CRASS SRO NUS AT 19 3. ./90 AMOK 3]0A03 =MD. — PLO IRI PR- m POLO CR. MR MRS OF IOM(. I® 10 SPECIES ME MC mim O M 3 •NIYCICI VAR IOONS KO COMO O. ••••Co •• SOwWpp00¢m0* 0.2.0* Mal IN* RN *. 0.01 O..t4 Cb ••• Mme' er 11-.. IAn. 12. S.YI IOr, YOM. ..NYi. Mu.. loam CY••• S 0 Y.Y• (0.. lulu ••• •••• t...- 11••11...M. Cana. ...a ■••• lob* L... •Nr•• Calm* 15q 4355• MvMU II•.1.1 M.Mrl 1. 1.430• CRY Cat OM 1•P•• 0.0 M 4.. Mme . non.. Oy.01• 1.1• 1•0••• 01v0 -f .2 Sum R.0 * •13 1. UMOSGAPC TO OE PROMO 0011004 SISTER. Mal 0914 SITU 431030 PERMIT. LANDSCAPE CALCULATIONS PURIM UMOSC0Pe /NW- Ir MC 1 REAR- TOME 50E5 -IOME 11101001 PROW LANDSCAPE: 15 51/ 51µL / 19 11413 • 735 54 �µ O[D I NOYJPE - - (1155 pr -511 0 POO) Tuc 735 SP 1091 SF 10335 Sr FMK CNN= MOS µTI. 1VM'• RACE M 401. FO O4t 0010111UOO WI R MEMO 'O'D UU.a a •a rum man. PER MOP0 M] and To P10 .0 • • arr.. .01115/ NOW PM Imo m.m R Au T.o • 1001 Or MW..l AT OR A. MOVE non.. Met • SOM. ILS ••••• W? 10 T • 0 rm. KURT W,. 9017 311. - .101010.1 AL MP, TO • CO... O t1 SILVOLL f Of WWI- TaI Ga l ° ' '� ^' a WV, PAT 031.11.1 0.1•••• PLY0•0 r' m m • PmMN*a Iur 1 R..`L r 1. 511 Y.• ]'UR Mb. Ova 0 II w MI TA 10 931 SRI..f M 1001. Mo a. 101 m 11 0OT1 a MOTbtL . iun 5 •ML OIl •aO 1 101 Pao R..t1u ••1 M.3io won wro cc M.. KT sou YOnuem 16C 0101//1150 MaP. um W.1 1EtIWrq. TO S...RC (.) Ir Deciduous Tree Detail (B and B, Lees Than 3' Din.) -xcc-c, mime IT.,L.143 arm U3STMG IEIUlO .c �. MTTIML TInoR[ rnl.Il M ( a rn' \ rl b07 WV" FOR WES � V RN DON y Of 01 WON • �I / .� ] nR:CTTE1 .w r.w nt ... RO �$ PA OM 04 no. work WO.µ I T 9qµ •AwII loos ORM COuP•LTEP SOIL • I KRIM. ORR PRAT. 310 Am. 0•C — rM..Rwn MO r. Mn. • •••• • RnM11r. MOTS nal s 4I6OY 10.0 µ n D.ER 0+101 SU• TO OE 1 as Evergreen Tree Planting (6' to 10• Height) Nl4 1 ] vz IP I iUI o 1 STATE OF // � REas // TUB 11µn w Sl ••••• rn 0 m / 2 J1 I I I 11 F Rik PRELIMINARY LANDSCAPE PLAN Z W J O 0 0 J = W O 2 w d IA I— Z � w w U � � _ CI h- W w I- --- O z LLS 0 z Y CAL I • I r DN. S • I r - V MT. ell iii M. 30' (M) 100OTa AS 9045 a ROM x 9011 R .....e .. s s R R . Ma 4 Or Ot =MG YA901 5.]11000 9251 ISM SORT Ilm 1ST. 1-reT s IMYRJ SUQ • On et OwIM Swuk ' 010OY WON MM no TOOT m[. 1 -1001 STTM1gM sing • CUT de MOO !URN 11040- SR43 -3 M.D. e li 111 I V 10.0 r 1]OI 901000 IN - 11 r MOD r E.1 IKMMP1 0140.110 IIs.-Q r -1' MU D MY PROW Ir - Sr 3s . CORANT I 1 POT TV FOLD Ir TO IY 1µY ea.w POO IV P10* PMm MAO NO TRIM • 'I CALL BEFOPE YOU DO j 1- 600••424 -5555 1 I I ; PROPOSED I I L • ew. EXTEN EIj I f i� l � � IS' ER I IM>S(NI l i�'F'I�;aun VIn , jL� � l f R ,'�1 I ;I t 4 ve" ii.] � 1 ( � g ' P 12 yy � 4pi.S' 1C =::� "v�l� ,T % 1 . , . ter• , T ' � ' I LEGEND STOOL MIX T ITAXIE N7H4. m02010. SPMTO DUMMY RE9ARS'S WLDI (.oWEA Nat II VO� MO TO M.IID MSS MOM, COMM COM PROS MO IDI -CORD TURF 401 Ma 011M TRDOOMMS hownworn RR RIMER me 10: 301-431 -1311 FAX 303.447 -71AI OR ST IRDOIT CRASS SRO NUS AT 19 3. ./90 AMOK 3]0A03 =MD. — PLO IRI PR- m POLO CR. MR MRS OF IOM(. I® 10 SPECIES ME MC mim O M 3 •NIYCICI VAR IOONS KO COMO O. ••••Co •• SOwWpp00¢m0* 0.2.0* Mal IN* RN *. 0.01 O..t4 Cb ••• Mme' er 11-.. IAn. 12. S.YI IOr, YOM. ..NYi. Mu.. loam CY••• S 0 Y.Y• (0.. lulu ••• •••• t...- 11••11...M. Cana. ...a ■••• lob* L... •Nr•• Calm* 15q 4355• MvMU II•.1.1 M.Mrl 1. 1.430• CRY Cat OM 1•P•• 0.0 M 4.. Mme . non.. Oy.01• 1.1• 1•0••• 01v0 -f .2 Sum R.0 * •13 1. UMOSGAPC TO OE PROMO 0011004 SISTER. Mal 0914 SITU 431030 PERMIT. LANDSCAPE CALCULATIONS PURIM UMOSC0Pe /NW- Ir MC 1 REAR- TOME 50E5 -IOME 11101001 PROW LANDSCAPE: 15 51/ 51µL / 19 11413 • 735 54 �µ O[D I NOYJPE - - (1155 pr -511 0 POO) Tuc 735 SP 1091 SF 10335 Sr FMK CNN= MOS µTI. 1VM'• RACE M 401. FO O4t 0010111UOO WI R MEMO 'O'D UU.a a •a rum man. PER MOP0 M] and To P10 .0 • • arr.. .01115/ NOW PM Imo m.m R Au T.o • 1001 Or MW..l AT OR A. MOVE non.. Met • SOM. ILS ••••• W? 10 T • 0 rm. KURT W,. 9017 311. - .101010.1 AL MP, TO • CO... O t1 SILVOLL f Of WWI- TaI Ga l ° ' '� ^' a WV, PAT 031.11.1 0.1•••• PLY0•0 r' m m • PmMN*a Iur 1 R..`L r 1. 511 Y.• ]'UR Mb. Ova 0 II w MI TA 10 931 SRI..f M 1001. Mo a. 101 m 11 0OT1 a MOTbtL . iun 5 •ML OIl •aO 1 101 Pao R..t1u ••1 M.3io won wro cc M.. KT sou YOnuem 16C 0101//1150 MaP. um W.1 1EtIWrq. TO S...RC (.) Ir Deciduous Tree Detail (B and B, Lees Than 3' Din.) -xcc-c, mime IT.,L.143 arm U3STMG IEIUlO .c �. MTTIML TInoR[ rnl.Il M ( a rn' \ rl b07 WV" FOR WES � V RN DON y Of 01 WON • �I / .� ] nR:CTTE1 .w r.w nt ... RO �$ PA OM 04 no. work WO.µ I T 9qµ •AwII loos ORM COuP•LTEP SOIL • I KRIM. ORR PRAT. 310 Am. 0•C — rM..Rwn MO r. Mn. • •••• • RnM11r. 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E 7,Y.Y71 K.'I .+ •2.134•2.{ .3•2.1].]3.7 . •27.73.73.. ..0.+3.01.3 .50,50. s0, .40,40.50. 4•0.40,40. .70.40.40. 0.40.40. 0.40.50. o.40.sb. 0.70.40. 040.40. •0.•20.•2 o. 00000.4 040.304 0.]0.304 0.)044,4 0.40.4o.S 0.50.50 4 1.41.{ •2.5•24•2 .,odo ]0.i MOIL, o0. .1 .10. 0 .1•.10. 0 0.1•.10. 0 0.1•.10. 0 0.10.10.10 • • • • . .Co. o.4o. ,to 4o.i•.to.t•aa. o .20., 3 • . • -. .10. 0.50..0.50 10,i•.40,4•.30. 0.]0..0.]0 ) . •.40. 0.50, 0.50 50.•2•.50.1•.)0. 0.]0.•0.30 3 40. 040 to 4b ] 0.40.2040 .20404040404040. 0.30.20.3 0 o .2ab.3 0.30 ]0.] , N 10590.89 E 10027.91 10320 - Tukwila Soccer - Illumination - Photometric Exhibit (1'•50') .00.00,00.00. oo ... • 0.00.00.00 .00.00.00.00.00.00.00.00.0000 0000 ....00.00.00.0000 ..00.00.00 0. 00. 00. 00. 00 .00.00.00.00.00.oa.00.oa.oa.00 .00.00.00.00,00.00.00.00.00.00 0.00.10.10. 10.•0.10 0.0•.10.1• .]0.'0.7..30. 0.10. 0.50 t0.i•.. 1,0 .2 Co too...so.000O .,•..to. ..0..0.)0.)0. 1.]1. • 1.41 •2,10. •24•2 o.204o. oao,o.i 04040, 20.]0.]0.1 b 0040404040.2 b40,]O0o40.]0,2 b.40. 4040,10,70,] b,50.s0.40,10,)04 b.: o.i 3.•20.40 4 0..0..040. s 0.40 400040.10, 1..70 1 330. +o .;a. t0.4o000040.10.10.10 1.... 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Please discuss project consistency with the applicable set of design criteria. The applicant bears responsibility for demonstrating that the proposed development plans satisfy all of the review criteria. The three sets of Board of Architectural Review (BAR) criteria have been presented separately. Please consult with Planning Division staff to clarify which set of criteria should be used. The three sets of criteria and references to illustrate implementing design guidelines are presented below. Selected Comprehensive Plan policies, which provide illustrative design guidance, are presented after the criteria as a courtesy. The complete Comprehensive Plan policies are provided in the Tukwila Comprehensive Land Use Plan (1995). Written responses to each criteria are required for a complete application. CRITERIA FOR COMMERCIAL AND LIGHT INDUSTRIAL DEVELOPMENTS (TMC 18.60.050(A)). Applies to all projects requiring design review except: multifamily, hotel and motel developments and developments in the Tukwila International Boulevard corridor (see TMC 18.60.060(C)). Projects located within 200' of Green/Duwamish River must meet additional criteria in the Shoreline Substantial Development Permit Application. 1. Relationship of Structure to Site a. The site should be planned to accomplish a desirable transition with the streetscape and to provide for adequate landscaping and pedestrian movement. b. Parking and service areas should be located, designed and screened to moderate the visual impact of large paved areas. c. The height and scale of each building should be considered in relation to its site. The site has been planned to provide separate pedestrian and vehicular accesses from the street. On site sidewalks provide connection between the main building entries and the sidewalk along the Strander Boulevard extension. Dual accesses for vehicular traffic onto the site have been provided to facilitate traffic flow and to provide for emergency vehicle turn- around. While the parking area is located between the street and the building on the north side, the 123' front building setback with more than 50' of combined landscaping and water quality area from the right of way to the parking area will ensure adequate screening of the paved areas. The building height of 32' given an overall building length of 260' and in consideration of the rail rights of way and a more than 200' distance to the nearest structure should assist in keeping the scale of the building being appropriate to the site and surrounding areas. 2. Relationship of Structure and Site to Adjoining Area a. Harmony in texture, line and masses is encouraged. b. Appropriate landscape transition to adjoining properties should be provided. c. Public buildings and structures should be consistent with the established neighborhood character. d. Compatibility of vehicular and pedestrian circulation patterns and loading facilities in terms of safety, efficiency and convenience should be encouraged. e. Compatibility of on -site vehicular circulation with street circulation should be encouraged. The immediately adjoining sites are RJR Right of Ways or undeveloped sites. The nearest developments occur along West Valley Highway to the west of the subject site. The West Valley developments are commercial in nature, varying from single story fast food restaurants (Jack in the Box) to multi story hotels (Marriot Courtyard). The scale of the Proposed Soccer Center is in keeping (on the low end of the scale) with that of the surrounding developments. Landscaping on site surrounding the building exceeds the required code minimums. Side and rear yard landscaping, encouraged but not a code requirefnent in the TUC zone, has been provided to soften the base of the building and to ease the transition between the subject site and surrounding sites and the wetland area on site. Pedestrian and vehicular connections of the site to the street have been separated as detailed in item one above for safety and efficiency. The building has been designed to create some visual interest given that it is a relatively simple engineered metal building with a regular rectangular shape. Varying profiles and colors of siding are being used along with other exterior detailing (roof eave extensions, an entry cover / element, windows) to modulate the exterior walls, create shadowing etc. l: \homepage \tukwcla \cicd \apps\ 8AK2.UUC, 08/17/00 1 Q I~ z ce w 6 0 co co w J = 1- U) w g Q c � = � w z= H 0 w ~ U cl O - o F- w w IL. 16 w z U N t= = O ~ z 3. Landscape and Site Treatment a. Where existing topographic patterns contribute to beauty and utility of a development, they should be recognized, preserved and enhanced. b. Grades of walks, parking spaces, terraces and other paved areas should promote safety and z provide an inviting and stable appearance. = z c. Landscape treatment should enhance architectural features, strengthen vistas and important taxes, tit and provide shade. 6 v d. In locations where plants will be susceptible to injury by pedestrian or motor traffic, mitigating c.) o steps should be taken. w = e. Where building sites limit planting, the placement of trees or shrubs in paved areas is encouraged. - £ Screening of service yards and other places, which tend to be unsightly should be accomplished by w O the use of walls, fencing, planting or combinations of these. Screening should be effective in winter and summer. 5 Li. Q g. In areas where general planting will not prosper, other materials such as fences, walls, and co d paving of wood, brick, stone or gravel may be used. w it Exterior lighting, when used, should enhance the building design and the adjoining landscape. Z 1 Lighting standards and fixtures should be of a design and size compatible with the building and z O adjacent area. Lighting should be shielded, and restrained in design. Excessive brightness and 11.1 ui brilliant colors should be avoided. D ❑ Existing vegetation and mitigation is located the south of the proposed development. Construction will occur on disturbed, cleared land with no 0 U) existing significant vegetation. Side yards, though not required by code, are landscaped for adjoining "Sounder" esthetics. Evergreen vegetation at ❑'- the building provides additional modulation for architectural walls. The South facade immediately abuts a wetland and buffer area. The existing W W vegetation provides building screen and filter on the south side. The existing frontage street trees (Raywood Ash) to the west, are continued through H 0 the Soccer Center development for uniformity. Pedestrian circulation is designed for on -site safety. Separate public access is provided, and a link IL 0 with the Interurban Trail allows complete non - motorized circulation links. Z The landscape design has been developed to be compatible with the building's exterior architectural design features. Exterior HVAC equipment, Iii trash 1 recycling enclosure, and the single service door have been located strategically and screened with either landscaping or fencing to render U them less visible. The grades on site in areas of vehicular and pedestrian traffic have been held level to ensure accessibility and safety. Exterior I-- 1— lighting both building mounted and site located have been provided around the entire building in an effort to ensure an adequate level of light for Z safety and security purposes. The fixtures will be directional and shielded as necessary to limit glare and offsite impacts. 4. Building Design a. Architectural style is not restricted, evaluation of a project should be based on quality of design and relationship to surroundings. b. Buildings should be to appropriate scale and be in harmony with permanent neighboring developments. c. Building components, such as windows, doors, eaves, and parapets, should have good proportions and relationship to one another. Building components and ancillary parts shall be consistent with anticipated life of the structure. d. Colors should be harmonious, with bright or brilliant colors used only for accent. e. Mechanical equipment or other utility hardware on roof, ground or buildings should be screened from view. £ Exterior lighting should be part of the architectural concept. Fixtures, standards and all exposed accessories should be harmonious with building design. tir. n:.4.Yrvaz"�i -+.� tY'tT: =tom C: \homepage \tukwila \dcd \apps\ OAR2.DOC, 08/17/00 2 g. Monotony of design in single or multiple building projects should be avoided. Variety of detail, form and fitting should be used to provide visual interest The building will house an indoor soccer field with some minor accessory uses. The building will be a pre - engineered metal building. Given the relatively regular form dictated by the building's structural system and required by the uses proposed, we have attempted to provide architectural interest on the building's exterior in the following ways: the wall and roof panels will be of varying colors and will include translucent panels to bring light into the building during daylight hours and to allow interior lighting to be seen from the exterior at night; different panel profiles will be used for the wall panels and the roof panels; roof eave overhangs and supporting knee braces have been provided on the east and west ends of the building for some depth to these elevations; a series of metal framed fixed clear glazed windows have been placed in various locations around the exterior of the building. The frames of these windows will be highlighted with an accent color, an entry feature has been located at the main entrance to the building to serve as a weather covering and an architectural feature for the north elevation. The entry feature will repeat the building accent color; colors have been selected to be harmonious with the brightest color limited to the accent features only; wall mounted building lighting has been provided for both safety and security and will be located in a manner so as to illuminate the walls of the building during evening hours. 5. Miscellaneous Structures and Street Furniture a. Miscellaneous structures and street furniture should be designed to be part of the architectural concept of design and landscape. Materials should be compatible with buildings, scale should be appropriate, colors should be in harmony with buildings and surroundings, and proportions should be to scale. b. Lighting in connection with miscellaneous structures and street furniture should meet the guidelines applicable to site, landscape and buildings. No miscellaneous structures or street furniture is being proposed. Site and building lighting has been addressed in the preceding paragraphs. Consistency with adopted plans and regulations (TMC 18.100.030) 6. Demonstrate the manner in which the proposal is consistent with, carries out and helps implement applicable state laws and the regulations, policies, objectives and goals of the City of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other official laws, policies and objectives of the City of Tukwila. The proposed Soccer Center is an indoor commercial recreational use. This is a use encouraged in the TUC zone. It is thereby consistent we believe with the Comprehensive Plan. The site and building will be designed in conformance with the City of Tukwila Zoning Code and the adopted Building, Fire, Mechanical, Plumbing and Electrical Codes and appropriate State Codes and amendments. The facility will thereby conform to City requirements and regulations. CRITERIA FOR MULTI - FAMILY, HOTEL AND MOTEL DEVELOPMENTS (TMC 18.60.050(B)): Applies to all multi- family, hotel and motel projects except for projects in the Tukwila Inte corridor (see TMC 18.60.060(C)) 1. Site Planning a. Building siting, architecture .- . andscaping shall be integrated into and blend harmoniously with the neighborhood . ' g scale, natural environment, and development characteristics as envisioned in the C. : - ensive Plan. For instance, a multi- family development's design need not be harmoniously C: \homepage\ tukwila \dcd\ apps\ BAR2.DOC, 08/37/00 al Boulevard 3 z � w 6 U 00 ND LLI J = W Q = F w Z = t— 0 Z ~ w U� O N O t•- w Il i t— tL O .. W U= O ~ z Consistency With Adopted Plans And Regulations (TMC 18.100.030) 5. Demonstrate the manner in which the proposal is consistent with, carries o and helps implement applicable state laws and regulations and the regulations, policies, obje ' ves and goals of the City of Tukwila's Comprehensive Plan, the City of Tukwila's Devel• . ment Regulations and other official laws, policies and objectives of the City of Tukwila. Comprehensive Plan Policies Relat • o Design Review The Tukwila Comprehensiv ' lan contains policies regarding the design of certain types of development in particular zones or areas. hese policies further articulate the design review criteria in TMC 18. Policies related to m u l t i f a m i l y , hotel . P i motel developments, and the Tukwila International Boulevard corridor have been omitted in favor of the spe ' c design guidelines referenced in the appropriate design criteria. Please not + at more than one category of policies may apply (e.g. a motel on Interurban Avenue in the RCM ► e will need to satisfy policies for: General Commercial Areas and Interurban Avenue South, and the "NI . I - family Design Guidelines "). In some cases, the goal for the use or area is noted to provide a context for e design policies. A. ALL COMMERCIAL AREAS Goal 1.7: "Commercial districts that are visually attractive and add value to the community, are visitor and pedestrian friendly, are designed with pride and constructed with quality workmanship, are secure and safe with adequate lighting and convenient access, are uncongested with smooth - flowing traffic patterns, are well - maintained with adequate streetscape landscaping, and are wholesome and in harmony with adjacent uses ". 1. The design includes consideration of features that reflect characteristics of Tukwila's history ( 1.2.4). 2.. Fencing and landscape buffers are provided between commercial and residential uses (1.7.4) 3. The, development provides adequate parking and lighting (1.7.3). C: \homepage \tukwila \dcd \apps\ OAR2.DOC, 08/17/00 10 Z 2 I— F--W ct 2 _J U 0 U) ❑. W J H ul O u..Q co = d 11 F— I— O Z F— ui U O- ❑I- w w 0 u' O w z U = O ~ z A. ALL COMMERCIAL AREAS The Tukwila Soccer Center will add to the community in that it will provide a recreational facility to compliment other uses in the immediate vicinity of the site. The development will provide adequate parking (as supported by data gathered at existing facilities), generous landscape buffering (as detailed in the preceding paragraphs), sufficient on site lighting for safety, security and building visibility, independent pedestrian connections to City sidewalks and to the nearby Interurban Trail and an on site vehicular traffic pattern designed to facilitate both user traffic / parking as well as emergency equipment access. 4. Where open spaces and trails are included in the development, they are designed not to interfere with the reasonable use of adjacent private property (1.10.11), and they are designed and constructed in a manner that is safe for all users and adjacent property owners (1.11.7). 5. In areas of concentrated commercial and retail activity, the development is connected by pedestrian facilities to the City's trail network, where feasible (1.11.4). B. RESIDENTIAL COMMERCIAL CENTER (RCC) ZONE Goal 7.7: "Residential Commercial Centers that bring small commercial concentratio residential neighborhoods to improve existing residential areas while providing prod nearby residents" . 1. 2. 3. The development achieves a pedestrian transition between buil properties (7.7.5). The development incorporates small -scale pedestri canopies, to convey the impression of a residentia The development provides appropriate s compatible architectural styles, etc.) b 4. The development employs desi residential neighborhood 5. Where there are exi be achieved residenti C: \homepage \tukwila \dcd \apps\ DAR2.DOC, 08/17/00 .9). 1 een residential and commercial areas (7.7.7). to existing and services to s, streets and adjacent amenities such as benches and enter and community focal point (7.7.8). transitions (i.e. use of similar building scale, elements that help to blend it in with the character of the g residential structures on site, the commercial development should arily through new construction, rather than the conversion of existing ctures to commercial uses (7.7.3). 6. • • gh parking placement and setbacks (e.g. locating parking behind or beside buildings), e development should help to achieve compactness of building form and pedestrian orientation, helping to create a focal point in the Residential Commercial Center (7.7.4). C. TUKWILA URBAN CENTER (TUC) ZONE Goal 10.2 "Encourage and allow a central focus for the Tukwila Urban Center, with natural and built environments that are attractive, functional, and distinctive, and supports a range of mixed uses promoting business, shopping, recreation, entertainment, and mixed use residential opportunities:" 1. Wherever possible, the development provides an interior vehicular connection between adjacentparking areas (10.2.4). 2. Where adjacent to a park, the development responds to or enhances the open space network and public amenities (e.g. by providing connections to open spaces (10.2.9). 3. The development should be designed with an appropriate scale and proportion; pedestrian- oriented features and streetfront activity areas, such as ground floor windows, modulated facades, rich details in materials and signage; quality landscaping; an appropriate relationship to adjacent sites; an overall building quality; and with sensitivity to important features such as Green River and Tukwila Pond (10.2.7). 4. Parking areas should be designed with appropriate screening, landscaping and corner site /parking relationships (10.2.6). 11 : L.`f.•.,: 5'�• t�:A �1cff'.±:_lj.<. "�r� _�Y'', �• �. ;,a<,,,,,., r.;: i::. i.:" ryrx+• w:•.. V%:•-+ �K x.. aeXH ry <•�r<ha7i C. TUKWILA URBAN CENTER (TUC) ZONE There are no developed sites adjacent to the subject site and thus we are unable to provide for an interior vehicular connection to any other parking lots. The site is not adjacent to any parks and as such we have not addressed the enhancement of the open space network of the City. The Interurban Trail occurs to the west of the subject site and a pedestrian connection is anticipated between the site and the trail in order to enhance the use of the trail. The scale and architectural features of the proposed Soccer Center have been reviewed in the preceding paragraphs. Signage has been provided on both the building face and as freestanding signage. Sign design has been developed in conformance with the City Sign Code and is shown on the drawings which accompany this SEPA / Design Review submittal. Design of the parking area including landscaping has been reviewed in the preceding paragraphs. Given the location of the subject site, addressing street orientation is difficult at this stage. Several assumptions have been made regarding the extension of Strander Boulevard in order for the preliminary plans to be developed. Our assumption in this submittal is that the extension of Strander will initially be as a private road with a 24' -0" width to provide access to the site. A 5' -0" wide temporary asphalt sidewalk will be installed on the south side of the road connecting to the on site pedestrian sidewalks. Any additional efforts to address street orientation must necessarily evolve as additional information regarding the Strander extension becomes available. Z Q Z 0 N 0 ' ui w LL Q 9 3 I- al Z l- 0 Z tu Wi 0 - 0 I-- ww I t- 0 ..z w = 0 Z 1 5. The development should achieve a high -quality design; contribute to the creation of hospitable pedestrian environments through site design techniques, such as integration of architectural/site design/landscape elements and co- existence of auto /transit/pedestrian traffic; should be designed to maximize pedestrian safety and convenience; and should incorporate physical and natural elements that enhance the area's overall aesthetic, including street orientation (10.2.3). 6. The development should generally support existing plans, policies and programs designed to improve open space and other public amenities in the Tukwila Urban Center (e.g. projects adjacent to parks recognize and complement open spaces; open spaces are oriented with access to sunlight and are designed to promote security and visibility). (10.2.9). D. TRANSPORTATION CORRIDORS Goal 1.8: "A more attractive form of commercial development along major streets in th ommunity, in which buildings and plantings are prominent and oriented to pedestrians, transit and . tomobiles ". 1. The development provides through -block pedestrian connections (1.8.5) 2. Building facades provide pedestrian weather protection, see -throu roof lines. On minor facades adjacent to secondary stre development incorporates interesting and pedestrian-friend 3. Within commercial areas, the development provides and building entrances, and between adjacent pro parking lots are not barriers to pedestrians 4. Parking areas include landscaped interi 5. Mechanical equipment and trash/re screened from view; roof desi yards (8.1.5). 6. Roof lines are pro 7. Where appr facilities / C: \homepage \tukwila \dcd \apps\ BA R2.DOC, 08/1700 glass and distinctive or pedestrian paths, the eatures (1.8.7). estrian pathways between sidewalks rties and buildings, thereby ensuring that .2). areas as well as perimeter landscape strips (8.1.4). cling areas are incorporated into the overall design and conceal equipment; dumpsters are not located within front nt and contribute to the distinct character of the area (8.1.12). nate, the development should provide or allow for future rovements that support transit use (1.8.8). 8. B till gs, parking, and pedestrian facilities should be designed with compatible locations and nfigurations (e.g. locating parking in back or on the side of buildings, buildings pulled out to street) (1.8.2). 12 Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning Information Waived. PbWk / Ping Office. Use Only Comments& Conditions. APPLICATION FORMS: I. Application Checklist: one (1) copy, indicating items submitted with application. 2. Complete Application Packet: eight (8) copies of the application form and full sized plans, one set of High Quality Photo Reductions of all plans reduced to 8.5" by I 1 ", and other materials and information as specifically listed in Project Description and Analysis, Site Plans and Elevations. 3. Design Review Fee ($900). /ivGG_ ff-S G A/f-7-- K/ ,(lc 4. SEPA Environmental Checklist (Submitted separately). 5. A written discussion project consistency with each decision criteria. PUBLIC NOTICE MATERIALS: 6. One (1) King County Assessor's map(s) which shows .the location of each property within 500 feet of the subject lot. 7. Two (2) sets of mailing labels for all property owners and tenants (residents and businesses) within 500 feet of the subject lot (See Public Notice Materials). Note: Each unit in multiple - family buildings - -e.g. • apartments, condos, trailer parks - -must be included). A 4' x 4' Public Notice Board will be required on site within 14 days of the Department determining that a complete application has been received (See Public Notice Materials). tX COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived, or should be submitted at a later date for use at the public hearing (e.g., revised colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED TO ENSURE CONSISTENCY WITH CITY DEVELOPMENT STANDARDS AFTER APPLICATION REVIEW HAS BEGUN. City staff are available to answer questions about application materials at 206 -431 -3670 (Department of Community Development) and 206 - 433 -0179 (Department of Public Works). COMPLETE APPLICATION CHECKLIST T C t rvGL. w t " 5 ( 73;6- 5 1 ( 0 3 G \APPHAN \LANDUSE.APP\BAR2.DOC. 09 /18/01 RECEIVED DEC 3 1 2001 • ;�1.e� MMUNITY ELOPMENT re 2 ~ w 00 N 0 ( u_ 0 a..Q _ r- w Z Z U • u) O - O l- W H F u- O Z W = O Z Information Required. May be waived in unusual I Information O Office Use Only PROPERTY INFORMATION: 8. Vicinity Map with site location. 9. Surrounding Land Use Map for all existing land uses within a 1,000 foot radius from the site's lot lines. SITE PLANS: 10. At least one (1) set of all plans and analyses shall be stamped by a licensed professional as would normally be required in a building. permit application, and have an original signature. Revisions shall satisfy this • • 11. A boundary and topographic survey (2 ft. contours P Projects that will affect a slope may require 12. Location of all sensitive areas (e.g., streams, wetlands, slopes over 20 %, coal mine areas and important geological and archaeological sites.). Provide sensitive area studies as needed per TMC 18.45. Also show trees over 4" caliper, indicating those to be saved. All proposed sensitive area and tree protection measures shall be shown. , 13. 100 yr. flood plain boundary and elevation as shown on FEMA maps. J G \APPHANILANDUSE.APP\BAR2.DOC. 09/18/01 Z Z re '~ w UO to J N LL, W � 2 W Z = F-- W W 0 0— GI I— LL! W 2 t— H tL O .. Z W O~ Z Information Required. May be waived in unusual 1 cases, upon approval of both Public. Works and Planning Information Waived PbWk / Ping Office Use Only Comments & Conditions. 19. Storm drainage schematic design for all conveyance systems, water quality features and detention structures per TMC 16.54.060(D) (e.g., detention ponds /vaults, frop -T elbows, coalescing plate separators, and bio- swales). 20. Storm drainage: Include a Level One downstream analysis per TMC 15.54.060(D), and a narrative discussion of consistency with the King County Surface Water Drainage Manual's Core and Special Requirements. 21. Fire hydrant; the nearest existing hydrant and all proposed hydrants (adequate fire flow demonstrated in the "water availability" documentation). • 22. Schematic road design. dN p d> -„ Li 23. Landscape planting plan by a Washington State licensed landscape architect. One set of all plans and analyses shall have a wet ASLA stamp and an original signature. Additional copies of the signed set may be submitted to satisfy the total number of copies required. Revisions shall satisfy this criteria. 24. Luminaire plan -- include location and type of street and site lighting, proposed fixture cut sheets, site illumination levels (foot - candles) and the effectiveness of shielding to contain all direct illumination on site (e.g., No direct illumination off site and maximum 2 ft candles at the property line.). 25. Signage per Sign Code. city 5 / pi_ `olhi 26. For stream frontages existing and proposed top of /1 /4. stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). ELEVATIONS: 27. Building elevations, dimensioned and scaleable facades. 28. Colored elevations. 29. Colors and materials board keyed to the colored elevations. 30. A rendering is optional. If submitted, it must accurately show the project and be from a realistic perspective (e.g., 5.5 ft. height from the sidewalk). d V V tx lY G.W PPHAN\LANDUSE. APP\BAR2.DOC. 09/18/01 ...— ��w.a+s.• �araWW V Z } Z W 00 tn UJ al W t _ : z 1-- 0 zI- W 0 0 — a 1- W W I I--- 0 tL O W Z — I O Z • City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES December 31, 2001 HAND DELIVERY RE: SEPA and Design Review Submittal for Proposed Tukwila Soccer Center Facility City of Tukwila Pre - Application Meeting No. PRE01 -036 Our Job No. 10320 Our office attended a pre - application meeting with the City of Tukwila staff on November 29, 2001, for a proposed new project known as the Tukwila Soccer Center Facility. On behalf of Tukwila Soccer Centers, Inc., we are submitting the following plans and documentation for the SEPA Environmental Review process and the Design Review process: SEPA Environmental Review Documents: 1. One copy of the completed application checklist, indicating items submitted with the application. 2. Four copies each of supporting studies, including the following: a. Traffic Impact Analysis, prepared by Transportation Engineering NorthWest, LLC. b. Level 1 Drainage Analysis and Preliminary Storm Drainage Report, prepared by Barghausen Consulting Engineers, Inc. c. First and second year wetland and buffer mitigation program monitoring reports for the existing on -site wetlands, prepared by Habitat Technologies, Inc. d. Agreement for Construction Maintenance and Use of a Private Road Crossing from the Union Pacific Railroad Company. e. Endangered Species Act Screening Checklist. 3. One complete application packet, including the following: a. Six copies of the completed application form. b. Six sets of full -size plans, including preliminary engineering plan, boundary and topographic survey, preliminary landscape planting plan, and architectural design plans, with site plan, building floor plan, and building elevations. c. One set each of all plans reduced to 8 1/2 by 11 inches and 11 by 17 inches. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX www.barghausen.com City of Tukwila Department of Community Development 4. Six copies of the completed SEPA Environmental Checklist and a $325 processing fee. 5. One copy of the King County Assessor's Map, showing the location of each property within 500 feet of the subject lot. 6. Two sets of mailing labels for all property owners and tenants within 500 feet of the property. 7. One copy of the Vicinity Map with site location. 8. One Surrounding Land Use Map for all existing land uses within a 1,000 -foot radius of the lot's property lines. 9. One copy of the title report. 10. One copy of the Surrounding Land Use Map, showing lot lines for 300 feet from the site's property lines, including right -of -ways. 11. One affidavit of Ownership and Hold Harmless Permission to Enter Property form. Design Review Documents: 1. One copy of the completed application checklist, indicating items submitted with the application. 2. One complete application packet, including the following: a. Six copies of the completed application form. b. Six sets of full -size plans, including preliminary engineering design plan, preliminary landscape plan, boundary and topographic survey, and architectural design plans, with site plan, building elevations, and building floor plan. 3. Design Review fee of $900. 4. One copy of the SEPA Environmental Checklist. -2- December 31, 2001 5. One copy of the written narrative discussing the project's consistency with each of the design criteria. 6. One copy of the King County Assessor's Map, showing the location of each property within 500 feet of the subject lot. 7. Two sets of mailing labels for all property owners and tenants within 500 feet of the subject lot. 8. One copy of the Vicinity Map with site location. City of Tukwila Department of Community Development -3- December 31, 2001 9. One copy of the Surrounding Land Use Map for all existing land uses within a 1,000 -foot radius of the site's lot lines. 10. The plans and analysis prepared for the project have been stamped by the appropriate licensed professionals. 11. The Boundary and Topographic Survey prepared for the project is included in the plan set. 12. The location of existing sensitive areas are shown on the site plan and preliminary engineering design plans included within the submittal, including one copy each of the first and second year buffer and wetland monitoring reports 13. One copy of the FEMA Floodplain Map, indicating the project location. The site is not located within a 100 -year floodplain. 14. and 15. The building footprint, parking areas, drive lanes, landscape areas, fire access lanes, and other site information are shown on the site plan and preliminary engineering plans included within this submittal 16. Since the project is not located within an MDR or HDR zone, this item does not apply. 17. The preliminary engineering design plan indicates the location of the existing and proposed utility easements and improvements. 18. Since water and sewer will be provided by the City of Tukwila, this item is not applicable. 19. The preliminary engineering design plan indicates the schematic design and layout of the storm drainage system. 20. One copy of the Level 1 Downstream Drainage Analysis and Preliminary Drainage Report, including a discussion of consistency with the 1998 King County, Washington Surface Water Drainage Manual's Core and Special Requirements. 21. The preliminary engineering design plans indicate the location of existing and proposed fire hydrants. 22. The preliminary engineering design plan indicates the schematic design and layout of the proposed access road to serve the project site. 23. The preliminary landscape planting plan includes a wet ASLA stamp and original signature. 24. The preliminary site plan indicates the luminaire layout, including fixture cut sheets and site illumination level calculations. City of Tukwila Department of Community Development 25. The site plan indicates the proposed signage for the project. f -4- December 31, 2001 z w 6 _J C-) 0 0 N o W H w gQ = a � z I- O z F— Sincerely, 0 ' �� 0 — ,_ f , s • . %��� w w Daniel K. Balmelli, P.E. Executive Vice President u l H= O F' z 26. This item is not applicable, since the project is not located adjacent to an existing stream. However, a copy of the FEMA 100 -year Floodplain Map is included within this submittal. 27. One copy of the dimensioned building elevations. 28. One copy of the colored building elevations. 29. One colors and materials board keyed to the colored elevations. 30. A colored rendering of the project may be submitted in the future as additional information. However, a colored rendering is not included with this submittal. Please proceed to process the enclosed plans and documentation at your earliest convenience and contact me if you have any questions or need additional information. Thank you for your assistance. DKB /ath 10320c.003 enc: As Noted cc: Willi Aigner, Tukwila Soccer Centers, Inc. (w /enc) Lew Delo, Delo & Bowers (w /enc) Frank Heffernan, MulvannyG2 Architecture (w /enc) 0 NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. SOURCE: THE THOMAS GUIDE (USED BY PERMISSION) VICINITY MAP �.s .n 7 t .a C E' V F r q� NC, 31201 U COMMUNI'I x NORTH ALDAI 4600 al ,Fl Y� s Q el c' s l. < N 144 < S ° ' ` 12 NO 5 + � L I c?; - R \ ', • \ \ J 1 ` j_.. ' ' �:_,:'.- ' - . 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N W N •G 60TH q � � 9 �`, .tf�lS� 1tt11ititit CRE5IYIEN PARK s 16]: ST S' Pt p BAKER a D '4 W iD © : BLVD cc 1 I HALL Ni ., Af ' i \ ` • IL, MIIRI1Il�t� a STRANDER BLVD 1 ; CC I' I �� IL27 168TH S 167TH ST 400 ca UTRa SC ' - SUMS PLAZA - c./.) E 26 COUR 41.1 2 BY HARR . m TRECK DR T v 160 170TH I6�TH IH I ST i r. w :.1 r Lf , - �. '.'�� . .� ^, jp Pr� -r ST CORPORAT t� 4400 � O 172ND - > ,� �, ST IlY DR N N I $ 173RD ST S 172ND PL _ CORPORA .. MINKLER ORS ' � �� > _ BLVD Q m o $14. 381}1' 1 g..14•11U < w r — I 3 175TH - o _� P i f • ST o PARKWAY ° ST 176TH ^ 5 1 1TH ST ,`r ST I' I PLAZA MIIII TRI ST ]gl RENTON p ❑ ` ' BOW ° �� LAKE .. ` L 1f PK 178TH ND - - fR + f N DR WETLANDS iTl,*i A ' T i A LA _ fm 4300 178TH ST • ' tr9rN s c • ifilibbh.. tom!® ® ' 1 1 ? = == • ' :y. Fib! I • SOURCE: THE THOMAS GUIDE (USED BY PERMISSION) VICINITY MAP �.s .n 7 t .a C E' V F r q� NC, 31201 U COMMUNI'I x NORTH Cady of Tukwila Department of Community Development Steve Lancaster, Director PLANNING DIVISION COMMENTS TUKWILA DEVELOPMENT REVIEW MEETING DATE: December 5, 2001 APPLICANT: Tukwila Soccer Center RE: PRE01 -036 ADDRESS: 7350 South 163 Street The following comments listed below supplement those provided on the DCD Checklist and may respond to questions that arose during the DRC discussion. If you have any questions please contact Carol Lumb at 206 -431 -3661. 1. As noted at the DRC meeting, the site contains a large wetland that is subject to a mitigation plan and for which a bond has been posted by the current property owner. If the property is sold, the bond would be returned to the current property owner and the new property owner would post a bond to ensure the success of the mitigation plan. The City's Urban Environmentalist has reviewed the condition of the site and has provided the following comments: This wetland mitigation site has been repeatedly vandalized and some replanting has occurred. The last monitoring occurred in 2000 with some replanting reported. My observations from one visit this year indicated the success criteria have not been reached. The mitigation plan achieved the needed wetland hydrology but very little of the emergent plant cover has become established. The lower areas or bottoms were impacted by 4- wheel -drive trucks. In addition, most of the conifers are dead or dying. The 50 -foot buffer is a planted berm that has not been significantly affected by the vandalism but appears to have high mortality of trees. This is a five -year monitoring program with the year 2001 being the third year. I would expect a third -year monitoring report to be submitted soon or at least conducted. Any new owner of the property should be aware that the responsibility for monitoring the success of the mitigation plan will transfer to the new owner as well as any requirements for new plantings to replace any that have died or are dying. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665 Steven M. Mullet, Mayor 4 xcrcaa.F c�rar�sau r :utw 7C z =z 6 JU UO N 0 J E— U) LL w � d = Ill 1— _ zF— I— O Zl-- 111 uj U � O C O I-- wW I • - w z U = O~ z CITY OF TUKWILA PUBLIC WORKS DEPARTMENT REVIEW COMMENTS z _i- DATE: November 30, 2001 6 J o PROJECT: Tukwila Soccer Center o 0 fn 0 . Slander Blvd. J F- PERMIT NO: PRE01 -036 Lu 0 g PLAN REVIEWER: Contact David McPherson at (206) 433 -0179, ext.1638, N if you have any questions regarding the following comments. I" W Z = F- 1. 1 have found several boxes of plans and other information relating to the z oo site know as the McLeod Property. This information includes several meeting notes, agreements, and proposals, between the Developer, City of o N Tukwila, and others. Most of this information should be known to McLeod Development. Other firms involved in this process, were Miles - 0 . Consulting of Bellevue and Hammond, Collier & Wade — Livingstone - o Seattle. ui U = 2. Several factors must be considered in the review of your proposal. z Agreements have been signed and recorded between McLeod Development and the City of Tukwila. These agreements include a possible future L.I.D. for public street improvements; railroad, PSP &L, and trail easements and improvements, utilities, and other considerations. 3. Regarding utilities, the connection for sanitary sewer should be available to the existing King County Metro sewer trunk, on your site. A 12" waterline is available for your proposed building. However, this connection is approximately 600 feet to the North of your site and may be technically challenging and expensive. 4. Consider if the proposed building site, will need to be preloaded. 5. Strander Blvd. extended along the North end of your site, was shown as private and to be constructed to City of Tukwila standards. A proposed 4 -4 4,w street cross section is shown on the enclosed plan sheet. The City may require this road segment to be Public. 6. The future over (or) under pass construction by the City of Tukwila and City of Renton, will affect your site and should be considered. This construction may include moving the Chicago, Milwaukee and St. Paul Railroad tracks, East and adjacent to the Burlington Northern Railroad tracks. z • mow: 6 _ 00 u) w w J i- C LL w J lL Q F-= Z F- F-O, Z F- 0 p. U O � . 0E-. w w 2 • U_ E. w U = O ~ z Pre - Application File No.: PRE01 -036 Meeting Date and Time: 11/29/01 3:30 pm Project Name: Site Address: Tukwila Soccer Center 7350 S 163 St V V The following comments are based on a preliminary review. Additional information may be needed. Other requirements /regulations may need to be met. 1. Comply with Tukwila Municipal Code (zoning, land use, sign regulations, etc.) 2. Obtain the following land use permits /approvals: ❑ Boundary Line Adjustment/Lot Consolidation ❑ Rezone ❑ Binding Site Improvement Plan ❑ Shoreline Management Permit ❑ Comprehensive Plan Amendment ❑ Tree Permit ❑ Conditional Use Permit ❑ Short Subdivision Design Review ❑ Sign(s) Design Review - Interurban ❑ Subdivision Environmental (SEPA) ❑ Unclassified Use ❑ Planned Mixed Use Development ❑ Variance ❑ Planned Residential Development ❑ Other: 3. Zoning designation: 'NC- 4. Minimum setback requirements: Front: lr Side: tc Side: tO Rear: IO 5. Maximum Building Height: i 6. Minimum parking stalls required: Handicap stalls required: • CtWKA -N4 s kuLt i ,% .watt �u✓ 1�t�Ng+tGlor. c us— .Z � • 1 1 1000 T use ht f .. �-Lus� cw�EC. 3 r7 t , / t OOO f.0 u10 L '4 w ed"e.- 1 11 7. No more pan 30% of required parking stalls may be compact. No landscape overhangs into compact stalls are permitted, although no wheel stops prior to hitting the curb will be required. 0. 4479.4lek._ . 0 ti 4.0o tom^ \ 8. Minimum landscaping required: Front: 16' i �z� Side: Side: Mr' 9. Landscape plans must be stamped by a Washington State licensed landscape architect. All landscape areas require a landscape irrigation system (Utility Permit Required). 10. Roof -top mechanical units, satellite dishes and similar structures must be properly screened. Provide elevations and construction details as part of building permit application submittal. 11. Trash enclosures and storage areas must be screened to a minimum of 8' in height. Provide elevations and construction details as part of building permit application submittal. 12. Building permit plans which deviate from that already approved by the Board of Architectural Review may require re- application for design review approval. Checklist prepared by (staff): klrc \planlist.doc 11/19/01 CITY OF T ' 'KWI LA Department of Community Development Building Division - Permit Center 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 Phone: (206)431 -3670 PLANNING DIVISION - Land Use Information Pre - Application Checklist t tE1.4/ 6lrIrc(J.L T vw. t g. c 2 iUG L{g e LCT eaettazk 1.4-e.44C Site i ''cated in sensitive area? V) Yes ❑ No 19 . --t , O x-10 C. 3 0. Height exception area? ❑ Yes [5a No Date: I ( / °) 35mm Drawing #1 ZINC 4V-E-Y WEST ELEVATION SCALE: 3/32.". 1 S'ef&I`A F Ar....u frt 111111112111111 11 1111111 1111111111111111 __...... 111111, 1111 11_ N11 t1 t pc, IT vs 1;—j* 4151111PN teni- 11 1 4 - 4 10 (7, _ g_. k;t1INIUtili i,1111011111111gW.A0 ''' 1 "11W -- "' re,i1A ow. ■■•• "‘ ' ■ I 1 111 11111 2111111N4Itirft 1 I ' Ag f ) SaIA 1. .=1 .11.11•IPMeta.11•1 NM= Lfil mum 11- - METAL sinisi ALUM . lIIllIL O NORTH ELEVATION SCALE: 3/32" SCALE: 3f32" .,::-i.::':-.::;:.•':::::::;‘,:„.:'.::e'i''!:•''' i l -.1 11 1 -111111iiiiiii -FA- -1-1- 11 ;27 . hl ------11 7 .i.iiiiiiiiokimilor itill - - i , •• -v- I e., i• oi ,, e , i , ,:' - , 01... , -,p , ,, -, , - ? .1,. " li. ,' .) -.1. . _. 1. ;AidahhhIlidUlfigit . il 111;•, i •',c. ' .1... . . ..;r■ 1 p 1 )1 ' p: ,Y, Or.17 • , :f . 'e.: 17 ir• 1:*1- : 111,11 kid.i.il!,i! -. 1ihri d iallindiMINkfilt i P .' '''''''). "1"I'r :' ' ' " 41111 4 r1 4P*4 1 '1 1 11 1 1 , il , ../■ A , j ._ h ... SOUTH ELEVATION 1 C S (-12i l•-) EMT ELEVATION C) SCALE: 3122' V-0" ii ill:11 . ..1..1.1.„..1.fl. , !4), 5 j,,I,M,1,. Ji1 I'lly, 1 1' ' l'• ... . , e L l ••• ' L-'. • - °I . ' , L' ' ‘f Inch 1/111 .• . P • , 'WESTCOTT ® • • '''' i'l" . •- :',',' .••••• ' ''," •,-.. ; l i. , .,,,,..; • , ' . • . , . Since 1872 '.1 • . -.''''': , , ' • , ' . g I. , Pl. . l I. • Z1. 14 • 01- • • 6 I 8 • I. • 9 9' . 17 • 110 11 1111 1111 1111 111) 1111 1111 1111 1111 1111 1111.1111,1111 1111 1111 1111 1111 111 1 1111 1111 1111 1111 1111 1111 11 111 11 11 1 111 il 111 111 1 1111 1111 . „ . • •• •. , •, • . RECEIVED DEJ12OO1 viewriA COMMUNITY DEVELOPMENT • 147 -o 1 1 .111111111111111. 111111MINIM - 11111 _ 1111 munion MI is Rglif . ,r i' r>"' J Wr VeY/r 90T1 , 101' 1, 'Y ,v - ,g,r/ i it • 0 4 ' J CENTER, INC. 7350 South 183rd Street Tukwila, Washington 98188 OREGON SOCCER CENTER INC. 17015 SE 82nd Drive Clackamas, Oregon 97015 T: 503.855.7529 1110 112TH AVE NE I &Mao° BELLEVUE, WA 1 08004 t42.5483.2001 1 (425463.9302 "rrimormilm• EZIIIMEISTAEMEL ECT . QUINN LEE STATE OF WASH t. 1 fa no.....00••■■■••■••02/....e. DATE DESCRIPTION 01.5120 PM: F. Hellman DRAWN: H. Yamamoto December* 2001 Exterior Elevations A3.01 MuNartnyea.corn File: L01-0074 35mm Drawing #2 PUOET SOUND P se STATE SIGN R • UTE 181 g ►.6.R6 L. 79. • AICIFIC RAILROAD (UNION PACIFIC) • t:: +:. - • lei .a CORPORATE LIMIT 1304.!6 CIRCADO MILWAIIKBT A' CLAIM 1 1°46" CNANNIL 1036' 100 I I I� I I I I I I I I I I I I I I° 111111111 11 1 1 1 11111111111111111 1 1 1 1 1 1 111 I I l 1 1 I I I I I I 1 1 1 11 9 I I I I I I I I I I I I I I 1 1 1 1 I' 11 1 I I I I I I I I I I I I I' I I I I I I I I I' I, I I I I I I I' 1 411 1 1 1 111 I I • ,? :J.L053S3A 1 9 I 0 �.� v. 1 . I . ,le...l I IZ , I I 11 1 •.: 1 j ,,., l I II II II III1111 1111111 III III Ili III III III ili ili ii I i i r , Ili ill ill II I_II I I II Ili NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEARFHAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. . King County Property Inform_ -'ion Search • Methods: Parcel Nu mber Street Intersection ImmiNsismaxass Help Instructions Advanced .Users Site gma Map . Sets Environmental Sett Plana n i Set DISCLAIMER King County DES Taxpayer Parcel Number MELEOD STUART 2523049006 Click on links below for additional information ;r5 rte.. d�•y,r yrrR'. L„�'1• Home News Department of Development and Environmental Services Selected Parcel Information Zoom f ci 'City Names Scale 1 Inch = 309 feet (approximate) Services y: ki King County 1 DDES 1 News 1 Services 1 Comments 1 Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. ... /esrimap.dll? name =ParLoc3 &devconval = &MAPSET =GEN &PARCEL= 25230490002/04/2002 Comments n;. F Search Map Direction_ a � . Map Level 1" =400' 1".=1200' 1" =2400' 1:24000 PARCELS Parks Streams Roads Schools A Major Roads Citi ater B Page 1 of 1 "•:. »•. +... .1�A +n.. ra<.v..�<wv.;:. .e,a.r.+.... ..,:s�:, "r�:.i1; `s'..y,s;F? :•h.T.:"�J;.a Parcel Number 2523049006 Property Name VACANT LAND Property ype t �� i;.St?, r-I.ol.;;iii Plat Name Plat Lot at B ock ection ownship - ange W 25 23 4 Levy Code 2340 Vacant(Commercial) Present Use Lot SqFt 243,350 ER DI TR C W ater ystem Sewer ystem P BL P - CM Access treet Su ace PAVED 4 ;lessor P;trc e l yT 'vr)cci ,I4SSEI�..sar Ref: 'i ii' 1 :i c .sr( �,� 1' o a t ,'� . � =s ,� C:ar � 1; c s:;c P ,ri • ar �., i f..: :df. { . i `.1',. {)r.i,,i t �� i;.St?, r-I.ol.;;iii t''ti)i;li:;ii`j f?.c',t: 0 . Property Information King County Home News Services Co MS Parcel Locator Assessor Parcel Records By law this information may not be used for commercial purposes. Data derived from King Co. Assessor data extract dated 05/06/2001. Use 'Back' or 'Return' button on browser window to return to your current session of the DDES Parcel Locator. OR Start a new session. King County I DDES I News I Services I Comments I Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. Search Page 1 of 1 http: / /www6.metrokc.gov /ddes /scripts /par Ioc3b.cfm ?PARCELVAL= 2523049006 02/04/2002 Parcel Number 12523049006 Assessor Residential - Account Number 25230 Taxpayer M AR Levy Code 2340 Tax Status 'Taxable Roll Year ;2001 Taxable Value Reason Appraise • Land Va ue ', 620,900 Appraised Improvement Value0 Taxable Land Value 620,900 Taxable Improvement Value $ 0 Assessor Parcel Assessor Residential Assessor Commercial Assessor Real .. R 0co r ws Records 3Id . P. e cords Bk!cf. Records Property Information King County Home News Services Comments MS Parcel Locator Assessor Real Property Records By law this information may not be used for commercial purposes. Data derived from King Co. Assessor data extract dated 05/06/2001. Use 'Back' or 'Return' button on browser window to return to your current session of the DDES Parcel Locator. OR Start a new session. King County I DDES I News I Services I Comments I Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. Search Page 1 of 1 http: / /www6.metrokc.gov /ddes /scripts /par Ioc4b.cfm ?PARCELVAL= 2523049006 02/04/2002 NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEARfiHAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. . DAVIS..WRIGHT. TREMAINE LLP.. . _ 2600 CENTURY SQUARE, 1504 FOURTH AVE 9811051959 EASEMENTS FOR STORM SEWER, GAS, 2. ELECTRICITY AND TELECOMMUNICATIONS 3. UTILITIES AND FOR WATER SUPPLY AND 4. SANITARY SEWER UTILITIES Reference Nontbertsl ni' l assigned or released: ❑ Additional nomhcrs on page __._....._ nl'document l[a olilpiele legal th•<rrihlinn is on have trJ of document Assessor's Properly Tar 1'arrcl / Account Nuntber•Is1: 000580 - 0013 -03 AND 252304 - 9006 -05 First American Title Insurance Company (iranlorlsl: 11.a.l Hall. Ins!. Ih•n 111.1 m and intlinl.l 1 Cl2TrRAr. P11GE71' SOUND R TRANS IT AUTITORITY 2. i. 4. 5. ❑ Additional II:nnc% nn page of document ( raf— feels): 11.x.1 1,111,• lust, then lii.l moue and nultal.l 1. MCLEOD, STUART M. 2, MCLEOD DEVELOPMENT COMPANY, A WASHINGTON CORPORATION RECEIVED DEC 3 1 2001 DEVELOPMENT . ?-D"1 �S 1ST AM -S rvhA 'pare for urlr rmnparrt• nv emir; 4. 5. ❑ / \ddilinnal n:nur. r11 p _ nl dncunlcnl r \lthret'inle l 1.t'(;at 1)e'.t•r•iplinit as folio 's: ri... Ill /hh a se,• lim11/ 1u +cnehil /rantt•hprnpn /qu:rllr1 l SECTION 24 TOWNSHIP 23N RANGE 4E SE QUARTER SW QUARTER, SECTION 25 TOWNSHIP 23N RANGE 4E NE QUARTER NW QUARTER AND SECTION 25 TOWNSHIP 23N RANGE 4E SE QUARTER NW QUARTER. NOV ..�.+n�.......�., N(1 flu• rrnd 11 III eel% nn Ihr orbnnr•ubnr rnr Ihe1,'rats 1110 nrlIIna rend Ihr rinrlunr•nl In rrrlh lln nrrnrur 1 nr r r'mplrrent „/ the Marl nc Mb mental prnrirlyd ht•rrin. TA'( OT AEO!.liflED ng Co. R"cords D'1 'sion �� / % ep.uly RECORDING RF.Q(IFSTF.D BY AND RETURN ADnRFSS: Jmncs A. (irccnficltl Davis Wright Trcmainc LLP 2600 Century Square 1504 Fourth Avenue Seattle, WA 98101 -1688 EASEMENTS FOR STORM SEWER, GAS, ELECTRICITY AND TELECOMMUNICATIONS UTILITIES AND FOR WATER SUPPLY AND SANITARY SEWER UTILITIES GRANTOR: CIiN'IRAL PUGET SOUND REGIONAL'IRANSI'I' AU'I'I IORI'1'Y ORAN'ITIiS: STUART M. MCLEOD MCLEOD DEVELOPMENT COMPANY AIIIIRIiVIA'I't(I) I.li(L.I. Dta('Rll''I'ION: (See I'age l full legal description) ASSESSOR :S TAX PARCEL. . NO.: NOV 51998 EASEMENTS FOR STORM SEWER, GAS, ELECTRICITY AND TELECOMMUNICATIONS UTILITIES AND FOR WATER SUPPLY AND SANITARY SEWER UTILITIES These Easements for storm sewer, gas, electricity and telecommunications utilities and for water supply and sanitary sewer utilities (the "Easements" or indivi- dually, the "Easement ") arc granted this day of November. I')98. by CENTRAL. PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ( "Grantor ") in favor of STUART M. MCLEOD. an unmarried individual and MCLEOD DEVELOPMENT COMPANY, a Washington corporation (collectively, "Grantee ") with reference to the following facts: RECITALS: A. Grantor is the owner of certain real property located in the city of Tukwila. King County. Washington legally described and depicted in Exhibit A attached hereto and by this reference incorporated herein (the "Transit Center Property "). Grantor is a regional transit authority, authorized by Chapter 81.104 and 8 1.1 12 RCW and a vote of the people to implement a high capacity transportation system. Grantor intends to con- struct a commuter rail station. parking facilities, and related transit center improvements on the Transit Center Property and intends to construct other transit - related improve- ments throughout the Puget Sound region. 0 B. Grantee is the owner of the property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit B attached hereto ( "Lot 4 ", "Lot I" and "McLeod's Northern Fee Property ". collectively, "McLeod's Property "). 0 C. The parties heretofore have entered into a Real Estate Purchase and Sale ti H Agreement. dated November , I998 in Sections 7.2. 7.3 and 7.4 of which, Grantor X agreed to convey certain casements (the "Easements ") for installation and maintenance of utilities for the benefit of Lot 4 or for the benefit of Lot 1 and McLeod's Northern Fee Property. Grantee and Grantor desire to set forth herein their agreement with respect to the Easements and the terms and conditions for the use and enjoyment thereof. NOW. THEREFORE. for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals Incorporated. Each recital set forth above is incorporated into these Easements as though fully set forth herein. ?. Grant of Storm Sewer, Gas, Electricity and Telecommunications Easement Benefiting Lot 4. Grantor does hereby make, declare, sell, transfer, convey, warrant and establish a 15 -foot wide perpetual non - exclusive easement through. under and over the Transit Center Property, along the eastern edge of such property for the benefit of Lot 4 in the Easement Area described on Exhibit C attached hereto and for the benefit of W Ce 6 —1 V UO tn W J1 N W Q I CI F W Z � Z I W W U to ON C3 I— W HU Lt. O ,. W — I OF Z Grantcc and Grantee's agents, officers. employees. tenants and invitees for the purpose of construction, maintenance, and use of facilities and related improvements at all times. 3. Grant of Water Supply arid Sanitary Sewer Easement Benefiting Lot 4. Grantor does hereby make, declare, sell, transfer, convey, warrant and establish a 20 -foot wide perpetual non - exclusive casement through. under and over the Transit Center Property, along the western edge of such property in the Easement Area described on Exhibit D attached hereto for the benefit of Lot 4 and for the benefit of Grantcc and Grantee's agents, officers, employees, tenants and invitees for the purpose of construc- tion, maintenance. and use of facilities and related improvements at all times. 4. Grant of Sanitary Sewer Easement Benefiting Lot 1 and McLeod's Northern Fce Property. Grantor does hereby make. declare, sell, transfer, convey, warrant and establish an easement 10 feet in width upon a portion of Lot 2 in the Easement Area described on Exhibit E attached hereto for sanitary sewer purposes benefiting Lot 1 and McLeod's Northern Fce Property and for the benefit of Grantee and Grantee's agents. officers. employees, tenants and invitees for the purpose of construction, maintenance, and use of facilities and related improvements at all times. including the non - exclusive right to use the existing sanitary sewer facilities located therein. Grantor shall construct, at Grantor's expense. an extension and expansion of such facilities to a 6 -inch pressure sanitary sewer line upon a portion of Lot 2 and Lot 1 extending to twenty -five feet north of Lot 2 to serve and with capacity to accommodate Grantee's development of Lot 1 and McLeod's Northern Fee Property. Grantor and its successors may also use such sanitary sewer line. Grantor shall have the right to enter upon Lot 1 for the purpose of performing its obligations hereunder. 5. Mainicnnncc. tirantor and Grantee agree to maintain such portions of such jointly used water. storm sewer and sanitary facilities dcscrihed in these Easements as arc located on their respective properly at their own expense. Grantor and Grantcc also agree lo maintain such other utility facilities described in these Easement not used by the other party at their own expense. The parties also agree to cooperate with each other in the provision of such maintenance activities. including but not limited to. restoring the condition of the other party's property following utility maintenance. and indemnifying and holding harmless the other party from any and all claims. losses. and damages to the extent arising from the indemnifying party's maintenance activities upon the other party's property. 6. I3indin_LEfl'ect. The covenants and agreements set forth in these Ease- ments shall he covenants running with the land. Such covenants shall he binding upon, and inure for the benefit of the parties hereto and their respective successors and assigns. The Easements granted hereby shall have priority over any and all liens. encumbrances or other interests in the encumbered property. and shall survive transfer of the fee ownership of. or any leasehold estate in. the encumbered property. 6. Recording. These Easements shall he recorded in the real property records of King County, Washington. Q • �~ W 00 (n om (A W J) N U- WO � � d = W 1-- _ Z ZI LL/ to • 0 O - D 1— W W 1- --- .. Z U= O Z 7. Costs and Attorneys' Fees. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements and/or conditions of these Easements, it is understood and agreed that the prevailing party in such litigation shall be entitled to he reimbursed for all costs incurred or expended in connection there- with, including, but not limited to, reasonable attorney's fees (including paralegal fees and fees for any appeals) and court costs. 8. Notices. Any and all notices or tither communications required to per- mitted by these Easements or by law to be delivered to. served on or given to either party to these Easements by the other party to these Easements, shall be in writing and shall he deemed properly delivered, given or served when personally delivered to such party, or in lieu of personal services, when telecopied or when mailed by United States mail, express, certified or registered, postage prepaid, or by a nationally recognized overnight delivery service, charges prepaid. addresses as follows: If to Grantee : With a copy to: If to Grantor : With a copy to: Stuart M. McLeod McLeod Development Company 213 Lake Street South Kirkland, Washington 98033 James A. Greenfield Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle. Washington 98101 -1688 Central Puget Sound Regional Transit Authority 1100 Second Avenue. Suite 500 Seattle. Washington 98101 Attn: Jeri Cranney, Division Manager. Real Estate Facsimile No. (206) 689 -3526 Central Puget Sound Regional Transit Authority 1 100 Second Avenue. Suite 500 Seattle. Washington 98101 Attn: Legal Counsel Facsimile No. (206) 694 -1940 All notices so telecopied shall he deemed delivered upon transmission thereof and all notices so mailed shall he deemed received on the (late which is 24 hours after delivery to the overnight delivery service by the sender, or il'placed in the United States mails, on the date of the return receipt or. if delivery of such United States mail is refused or cannot he accomplished. 48 hours after deposit in the United States mails. Either party may NOV 51998 change its address for the purpose of this Section by giving ten f 1 0) days advance written notice of such change to the other party in the manner provided in this Section. 9. Amendment. These Easements may not he modified, amended or terminated without the prior written approval of the then owners of the land which is benefited or burdened by the provisions of any amendment to these Easements. 10. Waiver. No waiver or any of the provisions of these Easements shall he effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only he applicable to the specific instances to which it relates and shall not he deemed to he a continuing or future waiver. I I. Captions. The captions and paragraph headings contained in these Ease- ments are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of these Easements, nor the intent of any provision hereof. 12. Governing Law. These Easements shall he governed by and construed in accordance with the laws of the State of Washington. 13. Miscellaneous. A. The Easctnents granted hereby arc solely for the benefit of, and are intended to constitute easements appurtenant to the benefited property and are not assignable by the owner of such property to any other person except in connection with the sale. transfer. conveyance. encumbrance or assignment of the benefited property. The Easements granted hereby. and the rights, duties, restrictions, limitations and obligations herein created. shall run with the land, shall burden the encumbered property and shall benefit the benefited property and shall he binding upon and inure to the benefit of the patties hereto and their respective successors, assigns. mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interest in any part of the Transit Center Property or McLeod's Property. E. As used herein. the term "Grantee" shall refer to Grantee and its successors and assigns and the term "Grantor" shall refer to Grantor and its successors and assigns. Z _ I- ~ W 00 to W = I— NLL, W ( O ▪ Q = ▪ W Z = F— ZI- ui O - � I — . W 2 I— WZ ro U= O Z 4 R BT: MST VIM NOV 51998 IN WITNESS WIIF.RFOF. these F..asements are executed by the parties. intended to he legally hound, as of the date first written above. GRANTEE: STUART MCLEOD MCLEOD DEVELOPMENT COMPANY Name: STUART M. Title: / /. GRANTOR CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY Name: ROBERT K. WHITE Title: Executive Director Approved as to Form: oy Tran. t gal Counsel STATE OF WASHINGTON ) COUNTY OF KING ) On this day of November, I99t(, hcforc MC. a Notary Public in and for the State of Washington. personally appeared STUART M. MCLEO1). personally known In me (or proved 10 me on the hasis of satisfactory evidence) to he the person who executed This instrument and acknowledged it In he his free and voluntary act and elect for the uses and purposes mentioned in the instrument. IN WITNESS WI IEREOF, I have hereunto set in hand and official seal the day and year first ahuvc written, STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this J day of Nove h r)R, efor• me. •t Niyary Pyhlic in and for the Stale of J Washington, personally appeared Q1 r / ,it Le r . personally known to Inc for proved to me o the hasis of satisfactory evidence) 10 he the person who cxccutcd this inslrutnent, on oath stated that }vas authnyized Ic [ecute the instrument. and acknowledged it as the f' Si c ./ f y) / .1 Nip .EOI) DEVELOPMENT COMPANY to he the lice and voluntary net and decd of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WI IEREOF, 1 have hereunto set I hand and official seal the day and year first above written. L NOTARY PUBLIC in and for the State Washington, residing at / My appointme cxp)jEs . L Print Namc �r '� �� ( / NOTARY P UBLIC in and ' Ir the Washington, residing at. My appnintmcn& cpirr _ . if L_ Print Name ‘...,e2c_t (, r STATE OF WASHINGTON COUNTY OF KING ) ss On this t,i) day of November. I99ft. helm mc, a Notary Public in and for the State of Washington, personally appeared Robert K. White, personally known to Inc (or proved to me tm the basis Of satisfactory evidence) to he the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Executive Director of CENTRAL PUGti f SOUND REGIONAL TRANSIT AUTHORffY to he the free and voluntary act and decd of said corporation for the uses and purposes mentioned in the instrument. IN WI'T'NESS WHEREOF. I have hereunto set my hand and official seal the day and year first above written. 40 xtN, r 4- ' '• c tAr tr .. -r i T .' • � 4 NOTAR UBLI in and fort c State of Washington, residing at My appointment expires Print Name i EXHIBIT A TRANSIT CENTER PROPERTY LOT 2 THAT PORTION OFTIIF. HENRY MEADF.R DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25. TOWNS! TIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON, LYING WEST OF TUE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY. AND SOUTH OFTITE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY HEADER DONATION CLAIM NO.46 DESCRIBED ABOVE. BEGINNING ON THE 2M LINE OF PRIMARY STATE IIIGIIWAY NO. I GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 +25.97 POINT OF TANGENCY "Y" 0 +00: THENCE NORTH 87'()7'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY: THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 2O FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y ": THENCE NORTH M7"O8'O4" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH 87 "O8'O4" EAST 124.74 FEET TO WESTERLY MARGIN OF I FNION PACIFIC RAILROAD RIGHT -OF -WAY: THENCE NORTH 03 "40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO TH E SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81 -36 SPE RECORDING NO. 81 1 1090569: THENCE SOIITII R7 "13'20" WEST 127.45 FEET: THENCE SMITH 01 "2634" EAST TO THE POINT OF BEGINNING. LOT 3 ALL THAT PORTION OF GOVERNMENT LOT I I AND ALL THAT PORTION OF HENRY Is/TEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M.. BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED: ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON TIME SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM: ON TFIE NORTH BY THE SOUTII MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY. AS CONVEYED TO THE CITY OF SEATTLE. BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT TI IAT PORTION TI IEREOF. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM: THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF RO FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE. ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. NOV 51998 : „,„ +■■••■•,...., EXHIBIT B MC:I,EOn PROPERTY LOT 4 ALL TITAT PORTION OFGOVERNMFNT LOT I I AND THAT PORTION OF THE SOUTIIEAST Q(IARTER OFTIIF. NORTHWEST QUARTER ALL SITUATED IN SECTION 25. TOWNSITIP 23 NORTI I. RANGE 4 EAST. W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRIICfl D; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTI I BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGIIT ANGLES TO TI IF. SOUTH LINE OF SAID GOVERNMENT I.OT I I; ON'I'IIE NORTH BY A LINE DRAWN PARALLEL WI'i'II AND DISTANT 150 FEET SO(JTI IERLY AT RIGHT ANGLES TO TF(E SOUTH LINE OF THE HENRY MEADER DONATION CLAIM NO. •16i L(YI' I THAT PORTION OF *HIE HENRY MEADER DONATION CLAIM NO.46 AND OF SECTION 24. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M., IN KING COUNTY. WAS(IINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OFTIIE UNION PACIFIC RAILROAD RIGHT -OF -WAY. AND SOUTH OF A LINE 137 FEET SOUTH OF TI THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158'('1( STREET. MCLEOD'S NORTHERN FEE PROPERTY LO'T' 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS RECORDED TINDER RECORDING NO. 9803129013. RECORDS OF KING COUNTY. WASHINGTON. EXHIBIT C EASEMENT AREA FOR STORM SEWER, GAS, ELECTRICITY ANi) Ti:I.I:COMM(INI4 A't'tONS EASEMENT8I :NEFiTTIN(; LOT 4 LOT 2 THE EAST 15 FEET OF THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.. IN KING COUNTY, WASHINGTON. LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY. EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF- WAY. NORTH OF THE CITY OF SF..ATTL.E BOW LAKE PIPELINE, RIGHT -OF -WAY. AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO, 1 58TH STREET. LOT3 THE EAST 15 FEET OF ALL Ti IAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M., BOUNDED AS FOLLOWS: ON Ti1E WEST BY A LINE DRAWN PARALLEL WITii AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO. MILWAUKEE AND ST. PAUL, RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND . CONSTRUCTED: ON THE EAST BY A LINE DRAWN PARALLEL WiTH AND DISTANT SO FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LiNE TRACK CENTERLiNE AS NOW LOCATED AND CONSTRUCTED: ON THE SOUTH BY A LINE DRAWN PARALLEL WiTH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM: ON THE NORTI I BY TiHE SOUTH MARGIN OF TI IF CITY OF SEATTLE'S 30 FOOT 1Vi1)E BOW LAKE PIPELINE RIGHT -OF -WAY. AS CONVEYED TO THE CITY OF SEATTLE. BY DEED RECORDED UNDER RECORDING NO. 4131067: EXCEPT THAT PORTION 'THEREOF. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LiNE OF SAID DONATION CLAIM AND THE EAST MARGIN OF TiHE Ci IICAGO. MILWAUKEE. ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY: THENCE EASTERLY A DISTANCE OF 120 FEET Ai.ONG SAiD SOUTH LINE OF SAiD DONATION CLAIM: THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET: THENCE WESTERLY PARALLEL WITH SAiD SOUTH LiNE TO SAiD EASTERLY MARGIN OF SAID CHICAGO. MILWAUKEE. ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY: THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. H Z re W -I U 00 N 0 (O W O ' : U- Q CO = : Z F- ZO W to 0 . O s 0 1- WW H H W Z — E O ~ Z NOV 51998 EXHIBIT I) EASEMENT AREA FOR WATER SUPPLY AND SANITARY SEWER EASEMENT BENEFFrUNC LOT 4 LOT 3 AN EASEMENT FOR WATER AND SEWER LINES AND APPURTENANCES OVER. UNDER. ACROSS OR UPON THAT PORTION OF THE HEREIN DESCRIBED MAIN TRACT BEING A 20 FOOT WIDE STRIP OF LAND HAVING 10 FEET OF SAID WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID MAIN TRACT: TI IENC'I? S87 "I 3'32" E ALONG THE NORTI I LINE TI IEREC)F IIUU) FEET TO THE POINT OF BEGINNING FOR SAID CENTERLINE: THENCE SO3'37'43 "W PARALLEL TO AND 10 FEET EASTERLY OF THE WEST LINE OF SAID MAIN TRACT. WI TEN MEASURED AT RIGI IT ANGLES. 192.37 FEET TO A POINT OF CURVE TO THE LEFT: THENCE SOUTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 6.827.00 FEET THROUGH A CENTRAL ANGLE OF 00 °49'I0 ". AN ARC LENGTH OF 97.65 FEET TO A LINE WHICH IS PARALLEL TO AND 10 FEET NORTHERLY OF THE NORTH LINE OF TIIE NELSON SUI3STA FION AS EXCEPTED Our OF SAIL) MAIN 'I'RACT. WHEN MEASURED AT RIGHT ANGLES: THENCE S87° 13'32 "E ALONG SAID PARALLEL LINE 120.54 FEET: THENCE S02 "46'28 "W ALONG THE PROLONGATION OF A LINE WHICH IS PARALLEL TO AND 10 FEET EASTERLY OF THE EAST LINE OF SAID NELSON SUBSTATION WHEN MEASURED AT RIGHT ANGLES, 240.00 FEET TO THE SOUTH LINE OF SAID MAIN TRACT AND THE TERMINUS OF SAID CENTERLINE. MAIN TRACT LEGAL DESCR ALL THAT PORTION OF GOVERNMENT LOT I I AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO.46 IN NOR'T'H ITALF OFTHE NORTHWEST QUARTER ALL SITUATED IN SECTION 25. TOWNSHIP 23 NOR'I'I I. RANGE 4 EAST. W.M.. BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITIT AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED: ON THE EAST BY A LINE DRAWN PARALI.E.I. WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES 'r0 BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED: z = z ' ce 6 ~ W 00 N J H N IL W e � Q LL Q = d W Z �. 1— 0 ZF— W W 0 CI 0 — 0 I-- W W I 0 r. O Z W U 0 z NOV 51998 ,�: ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM: ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLES 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067: EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF TI IE CHICAGO, MILWAUKEE. ST. PAUL AND PACIFIC RAILROAD RIGHT-OF-WAY: THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID BOUT I LINE OF SAID DONATION CLAIM: THENCE Nr)RTI MASTER! .Y MrnSn Rrr) AT Rini I IT AN( S Tr) SAO) SOi rrli I.INI: A I)IN'I'AN('Ii ( )I' H(► 1.1..k 'I'IIEN('E WIiti I'LRI.Y I'ARAI.l.i:l. WITH SAID ti( )I I'I'I I I.INI•.'1 ()';AII► I:AS'I MARGIN of; SAID CI IICM.;U, MILWAUKEE, S'I'. I'AUL AND I'ACIFIc RAILROAD RIGHT -OF -WAY: THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. EXHIBIT E EASEMENT AREA FOR SANITARY SEWER EASEMENT ftENEFITTIN(; . 1,()'I' I AND MCLEOD'S NORTHERN FEE PROPERTY LOT 2 THE EAST 10 FEET OF TFIE WEST 20 FEET OF THAT PORTION OF THE HENRY MEADF.R DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSIIIP 23 NORTH. RANGE 4 EAST, W.M., N KING COUNTY, WASHINGTON, LYING WEST OFTIIF's BURLINGTON NORTI(ERN RAILROAD R IGI IT-OF-WAY. EAST OF THE UNION PACIFIC RAILROAD RIGHT - OF -WAY. NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF- WAY. AND SOUTH OFTFIE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. Z = I- • W . W � UO CO CI W = J F. � W W O Q co cl 2 Z H. H O Z I— 2 p U O W — O I— W ~ F= u' O: .. Z W U= z 9811051960 CENTRAL PUGET SOUND RDGIONAL TRANSIT AUTHORITY DEVELOPMENT' nddre 1100 SECOND AVE., SUITE 500 • ('ity /tilntt• SEATTLE, WA 98101 -3423 Document . 1 . 1(11.1S/: Ium hamavhnm r„nlainrd IhrMiol EASEMENT FOR ACCESS, ROADWAYS AND 2. UTILITIES 3. 4. Reference Numbers) of Documents assigned or released: Cr) O Additional numbers on page of document L,' (i1':mt(1r1S): tt.:r.l nirna• l i1.l. Own lift unnu• and imU: O I. MC :1.FX)D, S'ITIAR'I' M. ' 2. 3. 4. 5. 0 Additional nan•' nn page of dncuntcnl Iira» Icctx): tl.a.l n.i a 111.1. Ihrn lost /mow and inilial�l I. 2. u T N CENTRAL Pi)GET SOUND RFrIONAI, TRANSIT AUTHORITY [' Complete I•!sul description is on page ( A . �� of document i -fssessur's Property Tax Parcel / Account Numberlsl: 000580 - 0013 -03 AND 252304- 9006 -05 ▪ SECTION 25 TOWNSHIP 23N RANGE 4E SE QUARTER NW QUARTER. ,U RECEIVED DEC 312001 First American Tide Insurance Company -2 ,f - t-t \aa - - S 1ST AM -S obis .par• /i a !Mr 101111 Mr MIN) 5. 0 Additional natncN on page __. , , tl rloc'Itn..tit A bbreviated I eg :1I 1 )t ;tie,'i p I tall as fill lows: lie. I. •1/1 , /plat n1' sedum/14m mhip /taneeignartcrhpult lcrl SECTION 24 TOWNSHIP 23t4 RANGE 4E SE QUARTER SW QUARTER, SECTION Z5 TOWNSHIP 23N RANGE 4E NE QUARTER NW QUARTER AND ,N(1 I he unthtur re, u„ /rr it r/I rely un the in/ionurti.•n on the / The tmf/ wilt nnl read the document to 11.110 the ▪ (WI nowt• ur t rnnpletetteAt lot the inrlr.Itn utioemulimt prnridrtl herein E..7l5:;r_ TA' NOT rirali ^;_D Ri g Co. It • rds D',. ,;'011 , Depmy z i~ II-. I Z C 00 W H N u_ W 0 u _ co I V I _ . Z • 0 Z I— LLI U � ,0- O I— tia W U 0 .. W U O ~ Z NOV 51998 . • RECORDING REQUESTED MY AND RETURN ADDRESS: Jennifer Uclk Central Puget Sound Regional Transit Authority I IIX) Second Ave.. Suite 51X) Seattle. WA 9H 101-3423 EASEMENT FOR ACCESS, ROADWAYS, AND UTILITIES (STRANDER BOULEVARD) GRANTOR: STUART M. MCLEOD GRANTEE: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ABBREVIATED LEGAL DESCRIPTION: (Sec Page for full legal description) ASSESSORS TAX PARCF.I. NO.: EASEMENT FOR ACCESS, ROADWAYS, AND UTILITIES (STRANDER BOULEVARD) This Easement for access, roadways, and utilities (the "Easement") is granted this 3a day of November. 1998. by STUART UART M. MCLEOD ( "Grantor ") in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY. a regional transit authority ( "Grantee ") with reference to the following facts: RECI TALS: A. Grantee is the owner of certain real property located in the city of Tukwila, King County. Washington legally described and depicted in Exhibit A attached hereto and by this reference incorporated herein (the "Transit Center Property "). Grantee is a regional transit authority, authorized by Chapter 81.104 and 8 1.1 12 RCW and a vote of the people to implement a high capacity transportation system. Grantee intends to construct a commuter rail station, parking facilities, and related transit center improve- ments on the Transit Center Property and intends to construct other transit - related improvements throughout the Puget Sound region. B. ( irantor is the owner of the property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit B attached hereto ( "Lot 4 "). C. The parties heretofore have entered into a Real Estate Purchase and Sale Agreement. dated November3 , 1998 in Section 9.2.4 of which. Grantor agreed to convey a 60 -tout wide roadway easement upon Lot 4 within an area of what would be an easterly extension of Strander Boulevard. more particularly described in Exhibit C (the "Easement ") for the benefit oF the transit Center Property. Grantee and Grantor desire to set forth herein their agreement with respect to the Easement and the terms and condi- tions for the use and enjoyment thereof. NOW, THEREFORE. I r valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Recitals Incorporated. Each recital set forth above is incorporated into these Easements as though fully set forth herein. 2. Grant of Easement. (;rantor does hereby make, declare. sell, transfer, convey. warrant and establish a 60 -foot wide perpetual. non - exclusive easement through and over Lot 4. _(It) feet easterly from the Union Pacific Railroad Right of Way within reserved Strander Boulevard Extension, in the Easement Area more particularly described in Exhibit C. for the benefit of the Transit Center Property and for the benefit of Grantee and (;rantce's agents. officers, employees, tenants and invitees for the purpose of Grantee's construction. maintenance. and use of a shared access roadway (to he used by Grantor and Grantee) to provide vehicular and pedestrian ingress to and egress from Grantee's commuter rail station, transit facilities, parking facilities, and related improve- ments and to Glamor's facilities on Lot 4 at all times. The shared access roadway shall include curbs and walkways. Grantee shall pay the costs of the design of the roadway. and shall submit its preliminary designs for the roadway improvements at each level of design completi IUD Grantor for review and comment. On or before Marcia 1, 1999. Grantor may request, and Grantee shall include in the roadway design. utility and other conduits solely for Grantor's use. Grantor will notify Grantee in writing on or before March I. 1999 whether Grantee shall install 4 -inch or 2 -inch conduit and Grantor shall reimburse Grantee the cost of such conduit at the following rates: $2.80 per foot of 4 -inch conduit and $2.00 per foot of 2 -inch conduit: Grantor's payment shall he made within thirty (30) (lays of receipt of an invoice from Grantee for the costs agreed herein. Grantee shall, except as provided herein. pay the cost for construction of the roadway, which construction may he conducted by Grantor, in Grantee's discretion. In any event, the construction of the roadway shall be completed by December 31, 1999. 3. Roadway Maintenance. Grantor shall perform the necessary and reason- able maintenance of the roadway constructed in the Easement area, including re- surfacing roadway, maintenance of the drainage system, pavement markings, and maintenance of street lighting. Grantee shall reimburse Grantor for fifty- percent (50 %) of the costs of such maintenance within thirty (30) days of receiving an invoice for maintenance costs. In the event that Grantor defaults in its performance of the maintenance obligations set forth in this paragraph 3 and fails to cure such default with thirty (30) days alter receipt of written notice. Grantee shall have the right, but not the obligation, to conduct the reasonable maintenance of the Easement Area described above. in such event. Grantee shall be entitled to reimbursement from Grantor of 50% of its cost, which reimbursement shall he made within thirty (30) days of receipt of an invoice from Sound Transit. 4. iiinding Effect. The covenants and agreements set forth in this Easement shall he covenants running with the land. Such covenants shall be binding upon, and inure for the benefit of the parties hereto and their respective successors and assigns. The Easement granted hereby shall have priority over any and all liens. encumbrances or other interests in the encumbered property. and shall survive transfer of the fee ownership of. or any leasehold estate in. the encumbered property. 5. Recomling. This Easement shall he recorded in the real property records of King County, Washington. 6. Costs and Attorneys' Fees. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants. agreements aid /or conditions of this Easement, it is understood and agreed that the prevailing party in such litigation shall he entitled to be reimbursed for all costs incurred or expended in connection there- with, including. but not limited to. reasonable attorney's fees (including paralegal fees and fees for any appeals) and court costs. 7. Notices. Any and all notices or other communications required to per- mitted by this Easement or by law to he delivered to. served on or given to either party to this Easement by the other party to this Easement, shall he in writing and shall he deemed properly delivered, given or served when personally delivered to such party, or in lieu of Z < • 2 W 00 N -II— N IL W u_Q N W Z }— Zt- W W 0 U O N r� F- WW F- H O Z W 0 Z Nov 51998 .• personal services, when telccopied or when mailed by United States mail, express. certified or registered, postage prepaid, or by a nationally recognized overnight delivery service, charges prepaid, addresses as follows: If to Grantor : With a copy to: If to Grantee : Stuart M. McLeod 213 Lake Street South Kirkland, Washington 98033 James A. Greenfield Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle. Washington 98101-1688 Central Puget Sound Regional Transit Authority 1 100 Second Avenue, Suite 500 Seattle. Washington 98101 Attn: Jeri Cranney, Division Manager. Real Estate Facsimile No. (206) 689 -3526 With a copy to: . Central Puget Sound Regional Transit Authority 1 100 Second Avenue. Suite 500 Seattle. Washington 98101 Attn: Legal Counsel Facsimile No. (206) 694 -1940 All notices so Ielecopied shall he deemed delivered upon transmission thereof and all notices so mailed shall he deemed received on the date which is 24 hours after delivery to the overnight delivery service by the sender, or if placed in the United States mails, on the date of the return receipt or. if delivery of such United States mail is refused or cannot be accomplished. 48 hours after deposit in the United States mails. Either party may change its address for the purpose of this Section by giving ten (10) days advance written notice of such change to the other patty in the manner provided in this Section. 8. Amendment. This Easement may not he modified, amended or terminated without the prior written approval ()I' the then owners of the land which is benefited or burdened by the provisions of any amendment to this Easement. 9. Waiver. No waiver or any of the provisions ()I' this Easement shall he effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only he applicable to the specific instances to which it relates and shall not he deemed to he a continuing or future waiver. 10. Captions. The captions and paragraph headings contained in this Ease- ment are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Easement, nor the intent of any provision hereof. • STATE OF WASHINGTON fON ) ss. COUNTY 01: KING ) hi this day of November, 109)l. hefre me. a Notary Public in and for the State of Washington. personally appeared SI'UAR•I' M. MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to he the person who executed this instrument and acknowledged it to he his frcc and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WllEREOF. 1 have hereunto set y hand and official seal the day and year first above written. STATE OF WASHINGTON COUNTY OF KING ( RY l3LIC in and r the )l' Washington. residing at My nppointmcnt;Cxpir Print Name N.—kJ(' J On this ,(d day of November. 19911. before me, a Notary Public in and for the State of Washinglrn. personally appeared Robert K. White. personally known to me (or proved to me on the basis satisfactor evidence) to he the person who executed this instrument, on oath stated that he was authoriicd to execute the instrument. and acknowledged it as the Executive Director of CENTRAL PUGE f Sol INO RE( i1( )NM.'I•RANSI'I' AUTI IORI'i•Y to he the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WIIERF.OF. I have hereunto set my hand and official seal the day and year first above written. NOTARY PIIR(.IC in and for the State of Washington. residing at My appointment expires .1 ,7g1,?Oeafi Print Name AT.; u ALS44deh NOV 51998 • �- .. w I I . Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Washington. I2. Miscellaneous. A. The Easement granted hereby is solely for the benefit of, and are intended to constitute easements appurtenant to the benefited property and arc not assignable by the owner of such property to any other person except in connection with the sale, trans- fer. conveyance, encumbrance or assignment of the benefited property. The Easement granted hereby, and the rights, duties, restrictions, limitations and obligations herein created, shall run with the land, shall burden the encumbered property and shall benefit the benefited property and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interesb;n any part of the Transit Center Property or Lot 4. B. As used herein, the term "Grantee" shall refer to Grantee and its successors and assigns and the term "Grantor" shall refer to Grantor and its successors and assigns. IN WITNESS WHEREOF, this Easement is executed by the parties, intended to be legally bound, as of the date first written above. GRANTOR STUART M. MCLEOD GRANTEE CENTRAL PUGET SOUND REGIONAL TRANSIT At Name: ROBERT K. WHITE Title: Executive Director Approved as to Form: • So�tfcl Trans' Legal Counsel ., L(YI 2: LOT 3 EXHIBIT A (Transit Center Property) THAT PORTION ()FTIIE HENRY MEADER DONATION CLAIM NO.46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON, LYING WEST OFTIIE BURLINGTON NORTHERN RAILROAD RIG! IT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NOR'T'H OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY. AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. TOGETHER WITH'I'l1A'I' PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE IIIMIWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 + 25.97 POINT OF TANGENCY "Y" 0 +00: THENCE NORTI 187 °07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT•OF -WAY: THENCE Sot I'FI I(iRI.Y ALONG TI IE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF. MEASURED AT RIGHT ANGLES TO THE EASTERLY PROM ICED LINE OF THE ABOVE DESCRIBED "Y ": THENCE NOR'I'I 187 "08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH 87 °08'04" EAST 124.74 FEET TO WES'T'ERLY MARGIN OF UNION PACIFIC: RAILROAD RIGHT -OF -WAY: THENCE NORTH 03 °40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO TI lE 501ITIIERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE AD.IIISTMENT NO. 81 -36 SPE RECORDING NO. S111090569: THENCE SOI U'II 87 "1."2 "" WEST 127..15 FEET: THENCE sot rTiI 01 "26'34" EAS 1'O'I'I POINT OF BEGINNING. ALL THAT PORTION OF GOVERNMENT LOT I I AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NOR'I'IIWES'I' QIIAR'I'ER ALL SITUATED IN SECTION 25,TOWNSIIIP 23 NORTH, RANGE 4 EAST. W.M., BOUNDED AS FOLLOWS: k::i v-u..n e= + .p.? ..+. ''-w' ..5:: Atzal8z ie„' < ON TIIE.WEST RY A LINE DRAWN PARALLEL Wm( AND DISTANT 43 FEET EASTERLY MEASURE!) AT RIGI IT ANGLES TO TIIE CI IICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED: ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGIIT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM: ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE ROW LAKE PIPELINE RIGHT-OF-WAY. AS CONVEYED TO TIIF. CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGIIT -OF -WAY: THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM: THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF SO FEET: THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY: THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. Z = Z • 6_ J 0 V O co 0. W = J N W: W O . w d = W H = Z I -- I- Z 2 U O O - 0 I-- U.1 UJ 2 H u" • • Z. W U = O H Z " ` " LOT 4: EXHIBIT B (Lot 4) ALL THAT PORTION OF GOVERNMENT LOT I I AND THAT PORTION OF THE SOUTHEAST QUARTER OF TIIE NORTHWEST QUARTER ALL SITUATED IN SECTION 25. TOWNSHIP 23 NORTI I. RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED: ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11: ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 • FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY MEADER DONATION CLAIM NO. 46 EXHIBIT C (Strander Easement Area) 60' EASEMENT ACROSS THE WEST 200' OF PROPOSED LOT 4 AN EASEMENT FOR INGRESS. EGRESS AND UTILITIES OVER. UNDER. ACROSS OR UPON THE NORTFI 60 FEET OF THE WEST 200 FEET OF ALL THAT PORTION OF GOVERNMENT LOT 11 AND 'I'I IAT PORTION OF T I IE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSI IIP 23 NORT I I. RANGE 4 EAST. W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO. MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED: ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT R 10 IT ANGLES TO BURLINGTON NORTIIERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED: ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11: ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY MEADER DONATION CLAIM NO. 46. NOV 51998 :: 9811051961 Doc ument Titles): In( transactions cnnuined therein) 1. RECIPROCAL EASEI4 E71S ErJR INIRFS.S, 2. EGRESS AND UTILITIES 4. Reference Numbers) or Documents assigned or released: ❑ Additional number on page of document 3. 4. 5. ❑ Additional name% on page of document W • AFTER RECORDING MAIL TO: Hann CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY nrhtrc.._. 1100 SECOMD.AVE ,. SU TE ann C1) /Stale §EATTLE WA 98101 -3423 Granlur(s): 11.2.4 name trot. Then GIN name and mina's) I. CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY 2, MCLE]OD DEVELOPMENT CXIKPANY, A WASHINGTON CORPORATION (iranlee(sl: (last nano: Del. Ihtn fits rank anJ initut.) I. CEN1RAL PUGETT SCXIND REGIONAL TRANSIT AUTHORITY 2, MlCLEOD, STUART M. .2 3. MCLEOD DEVELOPMENT COMPANY, A WASHINGTON CiaftEORATICM 4. 5. ❑ Additional names on page of document • -. First American Title ae . 4 .0 Insurance Company 31 1ST AM -S lfhu ,p s r (nr title ■rwprn. ur ,nlr - Abbreviated Legal Description as follows: II.c. Io1/hlt'cI/ptai or sec lion /tuwnship/ranger SECTION 24 TOWNSHIP 23N RANGE 4E SE QUARTER SW QUARTER, SECTION 25 TOWNSHIP 23N RANGE 4E NE QUAR'T'ER Net QUARTER AND SECTION 25 TOWNSHIP 23N RANGE 4E SE QUARTER NW QUARTER •K ContpkIe legal description is on page 1 \ \5 of document Assessor's Property Tax Parcel / Account Number(s): 000580- 0013 -03 AND 252304- 9006 -05 \1 tTE:: 1 hr u ret arJet tr./l r rls on the fnfnrnwrttn: tut the form. tile staff Kill not read the detriment gig rettfc the ta r r ■ u• I rmrydrt,nro n/ dv tnJrI me a J.rnwnnn pruridrd Irrrcfn. EXCISE TAX NOT REQUIRED Co. R .• -rds i • ' " 4 1 3 RECE W r DEC CC)tt61 DEVEL(* ILt RECORDING M UElT!D RY AND RETURN ADDRESS: Jennifer Belk Central Puget Sound Regional Transit Authority 1100 Second Ave.. Suite S00 Seattle. WA 98101 -3423 • RECIPROCAL EASEMENTS FOR INGRESS, EGRESS AND UTILITIES (S. 1Sr Street, Tukwila, Wallington) GRANTORS: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY MCLEOD DEVELOPMENT COMPANY, A WASHINGTON CORPORATION ORANIEES: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY STUART M. MCLEOD, AN UNMARRIED MAN MCLEOD DEVELOPMENT COMPANY. A WASHINGTON CORPORATION V] ABBREVIATED LEG.U-DESCRIPTION: (See Page for full kpl description) 8? ASSESSORS TAX PARCEL. NO.: RECEIVED DEC 312001 COMMUNITY DEVELOPMENT RECIPROCAL EASEMENTS FOR INGRESS, EGRESS AND UTILITIES (S. 158 Street, Tukwila, Washington) These Reciprocal Easements for ingress, egress. and utilities (the "Easements ", and individually, the "Easement ") are granted this 3d _ day of November, 1998, by and between STUART M. MCLEOD, an unmarried man and MCLEOD DEVELOPMENT COMPANY, a Washington corporation (collectively, "McLeod ") and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ( "Sound Transit ") with reference to the following facts: RECITALS: A. McLeod is the owner of certain real property located in the city of Tukwila, King County. Washington legally described and depicted in Fxhibit A attached hereto and by this reference incorporated herein ( "Lot 4 ". "Lot 1" and " McLeod's Northern Fee Property ", collectively, "McLeod's Property "). B. Sound Transit is the current owner of the property located in the city of Tukwila, King County. Washington legally described and depicted in Exhibit 8 attached hereto (the "Transit Center Property "). Sound Transit is a regional transit authority, authorized by Chapter 81.104 and 81.112 RCW and a vote of the people to implement a high capacity transportation system. Sound Transit intends to construct a commuter rail station, parking facilities, and related transit center improvements on the Transit Center Property and intends to construct other transit- related improvements throughout the Puget Sound region. C. The boundary between Lot 1 and the Transit Center Property is thc centerline of what would be an easterly extension of S. 158' Street. The parties heretofore have entered into a Real Estate Purchase and Sale Agreement, dated Novembcr3 , 1998 in which they agree to convey and to accept conveyance of various real property interests. In such Section 9.2.3 of such Agreement, thc parties agreed to convey reciprocal 20 -foot wide easements (the "Easements ") to one another for the full use and enjoyment of S. 158 Street, for vehicular and pedestrian ingress and egress and for installation and maintenance of utilities for the benefit of McLeod's Property and the Transit Center Property. D. Sound Transit intends to construct certain improvements in the S. I58''' Street right of way that are necessary to support the commuter rail station, parking facilities, and othcr transit- related improvements. McLeod intends to develop McLeod's Property to its highest and best use. The parties intend that the design for such improvements be coopera- tively developed such that the improvements, to the extent practicable, will benefit both McLeod's Property and the Transit Center Property development. i Meal IaweUI.Lr'or.mw.l Hu1164‹ Learnt kvd 1140 =wo[II taum[us A.c IIOI's -2- Alb • ECEIVED DEC 3 1 2001 COMMUNITY DEVELOPMENT z i• Z J 0 to ❑ U W W f— � W o CO =d _ . Z }. I- O Z F- W • O U ❑ 1— WW O Z W U O ~ Z • E. The panics acknowledge that the Easement Area also is subject to the terms and provisions of an agreement between the Boeing Company and McLeod dated January 10, 1996 (the "Boeing Agreement ") and the Easement dated January 10, 1996 and recorded under the King County Division of Records and Elections No 9601231152 (the "Boeing Ease- ment"). McLeod and Sound Transit desire to set forth herein the allocation of certain rights and obligations set forth in the Boeing Agreement and Boeing Easement and McLeod and Sound Transit desire to set forth herein their agreement with respect to the reciprocal ease- ments for ingress, egress and for the installation and maintenance of roadway improvements and utilities and the terms and conditions for the use and enjoyment thereof. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree as follows: I. Recitals Incorporated. Each recital set forth above is incorporated into these Easements as though fully set forth herein. 2. Grant of Easements. McLeod does hereby make, declare, sell, transfer, convey, warrant and establish a perpetual non - exclusive easement for the benefit of the Transit Center Property and for the benefit of Sound Transit and Sound Transit's agents, officers, employees, tenants and invitees for the purpose of vehicular and pedestrian ingress and egress, and the installation and maintenance of utilities and for the installation and maintenance of roadway improvements necessary and desirable to support the development and use of the Transit Center Property at all times through, under and over a 20 -foot wide portion of S. I58 Street, as more particularly described in the attached Exhibit C. Sound Transit does hereby make, declare, sell, transfer, convey, warrant and establish a perpetual non - exclusive easement for the benefit of McLeod's Property and for the benefit of Mcleod and McLeod's agents, offi- cers, employees, tenants and invites for the purpose of vehicular and pedestrian ingress, and egress, and installation and maintenance of utilities at all times through, under and over a 20- foot wide portion of S. 158 Street, as more particularly described in the attached Exhibit D. The casements granted in this paragraph 2 shall be referred to collectively as the "Easements ". The area encumbered by the Easements shall be referred to as the "Easement Area ". 3. Construction of Improvements. Sound Transit shall construct roadway improve- ments in the Easement Area as are necessary to support construction and use of Sound Transit's commuter rail station, associated parking, and other transit - related improvements. Such improvements shall include installation of utilities power, and communication conduit, landscaping. sidewalk, and roadway surfacing. The design for such improvements shall be developed in cooperation with McLeod so that, to the extent practicable, the improvements benefit I levolopnient of both Mc Leod's Property and the Transit Center Property and so that to the extent practicable maintenance costs are minimized. Accordingly. Sound Transit shall submit its preliminary design for the improvements to McLeod at each level of design com- pletion for review and comment by McLeod. On or before March 1, 1999, McLeod may request and Sound Transit shall include in the roadway design utility and other conduits solely s and 1., , )n,'f:i,nnwr R4,TAN, Indv'Y Mod 1 %NS mapronl n,enew, de I ITIAM -3- OIL { 1 3 D EL COMMUNITY z a � z W re 2 J tJ U O u) J z H C0 Li. W O • to �. = F.. W z= 1- O W k— n O • N O H W W F^ u' O .. z = z <Ylnl l.weV,eAertwlun Ru1VA:lentmA ed ICIA. .ecrryu:a'I e,u,Rre• Ana 11411144 for McLeod's use and at McLeod's expense. McLeod will notify Sound Transit in writing on or before March 1, 1999 whether Sound Transit shall install 4 -inch or 2 -inch conduit and McLeod shall reimburse Sound Transit the cost of such conduit at the following rates: $2.80 per foot of 4 -inch conduit and $2.00 per foot of 2 -inch conduit. Sound Transit acknowledges and agrees that McLeod shall retain exclusive use of the existing conduit lying within such area. Sound Transit shall not be required to install at its own expense other improvements that are not necessary for its own development, but shall install such improvements during Sound Transit's development of the Transit Center Property at McLeod's expense if requested to do so in writing by McLeod in a timely fashion and so long as the installation of such improvements is reasonably consistent with Sound Transit's construction schedule. In such event the parties shall exercise their best efforts to set a reasonable budget and schedule for the construction of such additional improvements and Sound Transit shall exercise its best efforts meet such budget and schedule in constructing such improvements. McLeod's pay- ment shall be made within thirty (30) days of receipt of an invoice from Sound Transit for the costs agreed herein. Sound Transit shall have the right to enter upon Lot I for the purposes of carrying out its obligations and exercising its right to construct the improvements described in this paragraph 3. 4. Maintenance of Easement Area. McLeod shall perform the necessary and reason- able maintenance of the Easement Area. including re- surfacing of the roadway, maintenance oldie drainage system. pavement markings, and maintenance of street lighting. Sound Transit shall reimburse McLeod for fifty- percent (50%) of the costs of such maintenance within thirty (30) days of receiving an invoice for maintenance costs. Provided, however, at such time as the Boeing Agreement provisions (Article 3) require Boeing Corporation to begin paying maintenance costs for the Easement Area, McLeod shall be responsible for seventy -five per- cent (75%) of such maintenance costs and Sound Transit shall reimburse McLeod twenty -five percent (25%) of such costs in the manner described above. The parties acknowledge that at such time, such maintenance costs may increase to cover additional services necessary to accommodate Boeing's use of the roadway as provided in the Boeing Agreement. McLeod shall notify Sound Transit when the Boeing Company's obligations under Article 3 of the Boeing Agreement have become effective. Sound Transit further acknowledges and agrees: without limitation, that, after the Closing Date and after the Boeing Agreement is no longer in effect, McLeod shall manage the maintenance of the private roadway portion of South 158'" Street west of the BNRR right -of -way and Sound Transit shall reimburse Seller 50% of such costs. In the event that McLeod defaults in its performance of the maintenance obligations set forth in this paragraph 4 and (ails to cure such default with thirty (30) days after teceipt of written notice. Sound Transit shall have the right, but not the obligation, to conduct the rea- sonable maintenance of the Easement Area described above. In such event. Sound Transit shall be entitled to reimbursement from McLeod of 75% of its costs, if the Boeing Agreement is in effect or 50% of its cost if the Boeing Agreement is no longer in effect, which reimburse. n:cnt shall be made within thirty (30) days of receipt of an invoice from Sound Transtt Nothing in this Easement is intended to amend or alter the Boeing Agreement or Boeing Easement or McLeod's obligations thereunder. Mcleod agrees to indemnify and hold harm- -4- DEC 3 1 LOUT DEVELOPMENT less Sound Transit from any and all claims, losses, and expenses Sound Transit may incur to the extent caused or alleged to be caused by McLeod's default of the Boeing Agreement or Boeing Easement. 5. Boeine Agreement and Bovine Easement. Sound Transit and McLeod agree that so long as the Boeing Agreement remains in effect (I) Sound Transit shall not make any claim as to the parking rights upon the Boeing Property described in the Boeing Agreement and the Boeing Easement and (2) Sound Transit shall not be entitled to receive and shall make no claim for any portion of Boeing's payment of its share of the Shared Cost Improvements as described in Section 4.2 of the Boeing Agreement. McLeod acknowledges that it shall have no authority to enter into any amendment of the Boeing Agreement that affects the Transit Center Property or that would materially change Sound Transit's obligations under this paragraph 5. 6. Binding Effect. The covenants and agreements set forth in these Easements shall be covenants running with the land. Such covenants shall be binding upon, and inure for the benefit of the parties hereto and their respective successors and assigns. 7. Recording. These Easements shall be recorded in the real property records of King County, Washington. 8. Costs and Attorneys' Fees. The panics hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements and/or conditions of these Easements, it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection therewith, includ- ing, but not limited to, reasonable attorney's fees (including paralegal fees and fees for any appeals) and court costs. 9. Notices. Any and all notices or other communications required to permitted by these Easements or by law to be delivered to, served on or given to either party to these Easements by the other party to these Easements, shall be in writing and shall be deemed properly delivered, given or served when personally delivered to such party, or in lieu of personal services, when telecopied or when mailed by United States mail, express, certified or registered, postage prepaid, or by a nationally recognized overnight delivery service, charges prepaid. addresses as follows: If to McLeod : 5 Vkal bakiL d,Ilonskkr Km MkrevdWeIra! ISM, roc srrrd we ra u be I Ig Stuart M. McLeod 213 Lake Street South Kirkland, Washington 98033 RECEIV DEC 3 1 2001 COIVIIVIUTY • DEV ELOPMENT -5- • - _. z i w tY _J U 00 to o to ID J F. LL W u- Q = • 0 • W Z= I— O Z l- ur U � O S � I— W I 0 u" Z W = O z With a copy to: James A. Greenfield Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101 -1688 Facsimile No. (206) 628 -7699 With a copy to: If to Sound Transit : Central Puget Sound Regional Transit Authority 1100 Second Avenue, Suite 500 Seattle, Washington 98101 Ann: Jeri Cranney, Division Manager, Real Estate Facsimile No. (206) 689 -3526 Central Puget Sound Regional Transit Authority 1 100 Second Avenue, Suite 500 Seattle, Washington 98101 Attn: Legal Counsel Facsimile No. (206) 694 -1940 All notices so telecopied shall be deemed delivered upon transmission thereof and all notices so mailed shall be deemed received on the date which is 24 hours after delivery to the over- night delivery service by the sender, or if placed in the United States mails, on the date of the return receipt or. if delivery of such United States mail is refused or cannot be accomplished, 48 hours after deposit in the United States mails. Either party may change its address for the purpose of this Section by giving ten (10) days advance written notice of such change to the other party in the manner provided in this Section. 10. Amendment. These Easements may not be modified, amended or terminated without the prior written approval of the then owners of the land which is benefited or burdened by the provisions of any amendment to these Easements. 11. Waiver. No waiver or any of the provisions of these Easements shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instances to which it relates and shall not be deemed to be a continuing or future waiver. 12. Captions. The captions and paragraph headings contained in these Easements arc for convenience and reference only and in no way define. describe, extend or limit the scope or intent of this Easement, nor the intent of any provision hereof 13. Governine Law. These Easements shalt be governed by and construed in accordance with the laws of the State of Washington. SR IEssuAl...LOC...mokr R4MII lzoohnkad I Ik4 rteq.oelltne.en, doe II•IW' RECEIVED DEC 3 1 2001 • DEV ELOPMENT -6- z ce 41 2 6 J U 0 = 1.1.1 U) LL W O . LL a. co I Z I O Z h— Ul U • ❑ O ❑ 1— W — O .. Z W U U O ~ z 13. Miscellaneous. A. The Easement granted herein by McLeod is solely for the benefit of, and is intended to constitute an easement appurtenant to the Transit Center Property and is not assignable by the owner of the Transit Center Property to any other person except in connec- tion with the sale, transfer, conveyance, encumbrance or assignment of the Transit Center Property. The Easement granted herein by McLeod, and the rights, duties, restrictions, limitations and obligations thereby created, shall run with the land, shall burden Lot 1 and shall benefit the Transit Center Property and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns. mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interest in any part of Lot I or the Transit Center Property. B. The Easement granted herein by Sound Transit is solely for the benefit of, and is intended to constitute an easement appurtenant to the McLeod Property and is not assign- able by the owner of the McLeod Property to any other person except in connection with the sale, transfer, conveyance, encumbrance or assignment the McLeod Property. The Easement granted herein by Sound Transit, and the rights, duties, restrictions, limitations and obliga- tions thereby created, shall run with the land, shall burden the Transit Center Property and shall benefit the McLeod Property and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interest in any part of the McLeod Property or the Transit Center Property. (tM C. As used herein, the term McLeod shall refer to McLeod and its successors and Q) assigns and the term Sound Transit shall refer to Sound Transit and its successors and assigns. d ll� 14 be legally bound, as of the date first written above. F MCLEOD MCLEOD DEVELOPMENT COMPANY ' IN WITNESS WHEREOF, these Easements are executed by the parties, intended to • DEC31Z)O COMMUNITY DEVELOPMENT Title: AetTenLrh1 STUART M. MCLEOD S Nnl EWIAwd.IC.rm rIladNALi nee I364 Iccipncd or,rm.d.c -7- I IA.IM • R E C rt•4.aa L' V = 1 • W 6 U LO CO LLI -i • W W O � tn = � W Z I- 0 Z I— 0 U 0 I-- WW 0 � W z U = . O~ z SOUND TRANSIT CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY STATE OF WASHINGTON COUNTY OF KING ) ss. By S Vtc✓tl EsWeLdeComaat 1...MICLtl'.sh,4 I5 MR:opmul au11lY1 S. 119N) • DEC ? 1 ?ON ■ COMMUNITY. DEVELOPM .N Name: Robert K. White Title: Approved as to Form: On this j ' "d ay of November 1998,bc fo me, � N�ary ?u blic in and for the State of Washington, personally appeared �7�Lt $ /t eoa, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath statephu vas authorized to execute the instrument, and acknowledged it as the r/'L e . •P.r� T of MCLEOD DEVELOPMENT COMPANY H to be the free and voluntary act and deed of said corporation for the uses and purposes CO mentioned in the instrument. tr IN WITNESS WHEREOF, I have here o set my hand and official scat the day and year first above written. 'eh im.... ) A •" AR P'BLICinan.Iarth ae Washington, residing at .. My appoin trey 7Jy PrintNae " A . STATE OF Washington ) ss. COUNTY OF KING n ) On this 5 day of November, 1998, before me, a Notary Public in and for the State of Washington, personally appeared STUART M. MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this ,,,: RECEIVED 1 e•! U, 0 N A STATE OF WASHINGTON COUNTY OF KING (a:* /AV alo 1.• ; .04 rl, e :E PutO S Vt.al E000,d.1Cwm.rr Nuu4d0d akcd ISM nrpnul a.e..,u eR 11049$ • instrument and acknowledged it to be his free and voluntary act and decd for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ) ss. AR • UBLTC in and . the Washington, residing at /P _ . _ // ' My appoinunco .ca, res �7 /Afir Print Name _ re . iJi On this Std day of November, 1998, before me, a Notary Public in and for the State of Washington, personally appeared Robert K. White, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument. on oath stated that hk was authorized to execute the instrument, and acknowledged it as the gxecutive Director of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act and dad of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTA PUBLIC in and fa; the S ate of Washington, residing at d' My appointment expires - zaets Print Name Nanc . T ods*, • R eceive.° , if_c -3 A 7.001 - P1 LEGAL DESCRIPTION: McLeod's Northern Fee Property: EXHIBIT A THE MCLEOD PROPERTY LOT 2 OF CITY OF TUK WILA SI tORT PLAT NO. L98 -0007 AS RECORDED UNDER RECORDING NO.9803129013, RECORDS OF KING COUNTY, WASHINGTON. LEGAL DESCRIPTION: LOT I: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO.46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OFTHMONUMENTED CENTERLINE OF SO. 158TH STREET LEGAL DESCRIPTION: LOT 4: ALL THAT PORTION OF GOVERNMENT LOT I I AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT I I: ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT ISO FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY MEADER DONATION CLAIM NO.46 SUlttl I:r11161,,,dtC.„switr Nu1441endh„lad Md. fec,p caerKm,w, Jac 1141ws • DEC 3 1 2001 COMMUNITY DEVELOPMENT -10- • • + z S Z w IO O 0 cO 0. U3 = F - • L. W 0 ? . � W Z = H O Z r U c • a O — o I— w w 2 I— :-- I O LJ Z W - O ▪ I— Z LEGAL DESCRIPTION: LOT 2: EXHIBIT B TRANSIT CENTER PROPERTY THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO.46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF- WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -0F -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO.46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. I GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 + 25.97 POINT OF TANGENCY "Y" 0+00; THENCE NORTH 87 °07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT-OF-WAY: THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE gr. OF THE ABOVE DESCRIBED "Y"; F THENCE NORTH 87°08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; 4 THENCE CONTINUING NORTH 87°08'04" EAST 124.74 FEET TO WESTERLY MARGIN OF 113 UNION PACIFIC RAILROAD RIGHT -OF -WAY; O THENCE NORTH 03° 40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO N THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OFTUK WILA BOUNDARY LINE R ADJUSTMENT NO. 81-36 SPE RECORDING NO.8111090569; THENCE SOUTH 87°13'29" WEST 127.45 FEET; THENCE SOUTH 01°26'34" EAST TO THE POINT OF BEGINNING. SAitesl EusaMu6'C,•„r, RrMklu,f elrod In* ,aponl= arm/a I latRa -II- RECEIVED DEC 317001 COMMUNITY - IDEVELOPMENT , LEGAL DESCRIPTION: LOT 3: ALL THAT PORTION OF GOVERNMENT LOT II AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO.46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED: ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067: - EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; rl THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A 14 DISTANCE OF BO FEET; 0 THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN M OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; r4 THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. RECEIVED DEC 3 1 2001 D EVELOPMENT . Exmrr c 20 FOOT EASEMENT AREA ACROSS THE SOUTH PORTION OF LOT 1 AN EASEMENT FOR INGRESS. EGRESS AND UTILITIES OVER, UNDER, ACROSS OR UPON THE SOUTH 20 FEET OF THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT-OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. I S8TH STREET. • RECEIVED Svtalruietaid ;w.a+v !trMletcehekW ISA* ne{+nolueeRre I IIO.NI • . DEC 3 1 2001 COMMUNITY DEVELOPMENT TOGETHER WTTH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 +25.97 POINT OF TANGENCY "Y" 0400; THENCE NORTH 87 EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT-OF-WAY MARGIN TO A POINT 20 FEET SOUTH OF. MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y' THENCE NORTH 87°08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT OF WAY TO THE POINT OF BEGINNING; r4 THENCE CONTINUING NORTH 87°08'04" EAST 124.74 FEET TO WESTERLY MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY; THENCE NORTH 03'40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO r 1 THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE N ADJUSTMENT NO. 81.36 SPE RECORDING NO. 8111090569; THENCE SOUTH 87°13'29" WEST 127.45 FEET; THENCE SOUTH 01°26'34" EAST TO THE POINT OF BEGINNING. A gXIIIBIT D 20 FOOT EASEMENT AREA ACROSS THE NORTH PORTION OF LOT 2 THE NORTH 20 FEET OF THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158T14 STREET. Van! LureLudarommor R M1daa+.cld 1 Sidi reey,°al roemw 6c 11A,VW -14- RECEI DEC 3 1 N�T DEVELOPM z i~ 6 '~ w JU 00 N • W J = H N LL W 0 LL Q (13 = W Z 1- 0 Z F- W W O c o O — O I - '. w H ..Z W = 0~ Z 9811051962 Document Title(s): (or transaction% contained therein) 1_ RECIPROCAL EASEMENTS FOR ACCESS, 2 ROADWAYS, AND UTILITIES Reference Number(%) of Documents assigned or released: Additional numbers on page of document AFTER RECORDING MAIL TO: N„c CENTRAL PUGET SOUTH) REGIONAL TRANSIT AUTHORITY Mitten. li RFTYrn AVE., SrITTR 5 nn_ Culy /Stale SEATTLE, WA 98101 -3423 _ 1°4 Grantor(s): (L.'s) name fin6 then first name and initials) Cr) 1 . 2. 3. 4. 5. ❑ Additional names on page __ of document (:ranteels): (last name fiat. then hint name and initials) I ' MCLEOD, STUART M. 3 2• MCLEOD DEVELOPMENT COMPANY, A WASHINGTON ODRPORATICN 3. CENTRAL PUGET SOUND REGIOI AL TRANSIT AUTHORITY 4. 5. ❑ Additional names on nage of document Abbreviated Legal Description as follows: (i.e.ImtlhhwWplal nr..:chins/township/range/quarter/gunner) be r1ON 24 TCF SHIP 23N RASE 4E SE QUARTER SW QUARTER, SELTION 25 TOWNSHIP 23N RANG 4E NE QUARTER Nd QUARTER AND SECTION 25 TOWNSHIP 23N RANGE 4E SE QUARTER NW QUA1RT'F32 MCLEOD, STUART M. AND MCLEOD DEVELOPMENT OC(HPANY, A WASHINGTON OORPORATICN CENTRAL PUGEI• SCUND REGIONAL TRANSIT AUTHORITY Complete legal description is on page 4f-‘ of document Assessors Property Tax Parcel / Account Number(s): 000580- 0013 -03 ND 252304- 9006 -05 EXCI E TAX NOT RE First American Title insurance Company 1ST AM —S tthsu u for tole cumfwny Ulf a■h 1 MITI:: I hr 0111111.1 rr. order will rely nn sae 'optmminn on the form The staff %ill not read the document to verify the u..ar . 1.1 u nmplrtenruu t / the andesfng inlnrmmmn faruuJrJ hrrrm. RED Deputy R% GE DEC 1 t(C,C'rt COMMUN ®EVE RECORDING REQUESTED BY AND RETURN ADDRESS: Jennifer Belk Central Puget Sound Regional Transit Authority 1100 Second Ave., Suite 500 Seattle, WA 98101 -3423 S veY G•a.4•w.nn LAM. l Nlnd:ywJ.., nrwti[ •I• I1o,19r RECIPROCAL EASEMENTS FOR ACCESS, ROADWAYS, AND UTILITIES (24 -FOOr EASEMENTS) GRANTORS: STUART M. MCLEOD MCLEOD DEVELOPMENT COMPANY CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY GRANTEES: STUART M. MCLEOD CZ MCLEOD DEVELOPMENT COMPANY G Q Q � CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY O ABBREVIATED LEGAL DESCRIPTION: (See Page_ for full legal description) Y14 ASSESSORS TAX PARCEL NO.: U RECEIVED DEC 312001 COMMUNITY DEVELOPMENT RECIPROCAL EASEMENTS FOR ACCESS, ROADWAYS, AND UTILITIES (24-FOOT EASEMENTS) These Easements for access, roadways, and utilities (collectively the "Easements" or when referred to individually, the "Easement ") are granted this day of November, 1998, by STUART M. MCLEOD, an unmarried individual and MCLEOD DEVELOPMENT COMPANY, a Washington corporation (collectively, "McLeod ") in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ( "Sound Transit ") and by Sound Transit in favor of McLeod with reference to the following facts: RECITALS: • A. Sound Transit is the owner of certain real property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit A attached hereto and by this reference incorporated herein (the "Transit Center Property "), Sound Transit is a regional transit authority, authorized by Chapter 81.104 and 81.112 RCW and a vote of the people to implement a high capacity transportation system. Sound Transit intends to construct a commuter rail station, parking facilities, and related transit center improvements on the Transit Center Property and intends to construct other transit - related improvements throughout the Puget Sound region. B. McLeod is the owner of the property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit B attached hereto (the "McLeod Property "). The McLeod Property is comprised of one parcel to the south of the Transit Center Property ( "Lot 4 ") and two parcels to the north of the Transit Center Property ( "McLeod's Northern Fee Property" and "Lot 1"). AIM i E C. The parties heretofore have entered into a Real Estate Purchase and Sale Agreement, dated November-3_, 1998 in which they agree to convey and to accept con- . veyance various real property interests. In such Section 9.2 of such Agreement, the par- ties agreed to convey reciprocal 24 -foot wide easements (the "Easements ") for certain rights of vehicular and pedestrian ingress and egress and for installation and maintenance of utilities for the benefit of McLeod's Property and the Transit Center Property. Sound Transit and McLeod desire to set forth herein their agreement with respect to the Ease- ments and the terms and conditions for the use and enjoyment thereof. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the parties agree as follows: 3 WA Ir4arsio'..w+ t,ra.4lnw3,a.r iu Mr arm Jut • 2. 11�0�RF • ' Z = • W ft 2 6 J0 00 U) 0 J N LL W O 2 < _ 2 c5 I— U- Z = I—O Z W � • Q 0 O - O 1— W W H 0 u- .. W - I O - ~ Z DEC 3 1 2001 DEVELOPMENT 3 1. Recitals Incorporated. Each recital set forth above is incorporated into 1 these Easements as though fully set forth herein. 11RVM 2. Easement Granted by McLeod; Sound Transit's Access, Roadway. and Utilities Easement to South 156 Street. McLeod dots hereby make, declare, sell, trans- fer, convey, warrant and establish a non - exclusive easement through, under and over a 24-foot wide portion of McLeod's Northern Fee Property and Lot I to the proposed S. 156" Street for the benefit of the Transit Center Property and for the benefit of Sound Transit and its agents, officers, employees, tenants and invitees for the purpose of Sound Transit's construction, maintenance, and use of a roadway to provide vehicular and pedestrian ingress to and egress from Sound Transit's commuter rail station, transit facilities, parking facilities, and related improvements, and for the purpose of installation and maintenance of utilities, including but not limited to power, gas, water, sewer, and telecommunications conduits, at all times. The Easement described in this paragraph 2 shall be located on the western edge or eastern edge of McLeod's Northern Fee Property and Lot I as determined by McLeod in cooperation with Sound Transit before the improvement or development of the roadway. Upon such determination. the panics shall record an amendment to this Easement setting forth the legal description of such ease- ment area. The Easement described in this paragraph 2 shall permit Sound Transit to use the easement area only at such time as construction begins on the public right of way improvements for S. 156 Street, and shall terminate in the event that construction has not begun by December 31, 2005. Unless terminated pursuant to the foregoing sentence. the Easement described in this paragraph 2 shall be perpetual. In addition to the ease- ment rights granted herein. Sound Transit also shall have the temporary right to enter upon the McLcod Property for the purpose of constructing. installing. and maintaining the utilities and roadway described in this paragraph 2. McLeod may from time to time temporarily close portions of the Easement described in this paragraph 2, for maintenance and repair purposes, but McLeod will use reasonable efforts to conduct routine repairs and maintenance so as to not unreasonably disrupt Sound Transit's use of the Easement. 3. Easement Granted by Sound Transit; McLeod's Limited Access Easement. Sound Transit does hereby make, declare, sell, transfer, convey, warrant and establish a 24 -foot wide perpetual non-exclusive easement through, under and over the Transit Center Property from S. 158 Street to Lot 4 for the benefit of McLeod's Property and for the benefit of McLeod for the purpose of ingress and egress of oversized loads not to exceed HS20 loading, at all times. The easement shall be located as deter- mined by Sound Transit in cooperation with McLeod during design of Sound Transit's transit facilities. Upon such determination, the parties shall record an amendment to this Easement setting forth the legal description of such easement arca. In the event that for any reason. other than a voluntary termination or willful default, Seller loses its permis- sion to use the privately improved crossing of the Union Pacific Railroad Right of Way at . wra + wnl ...Wow IIM\1;tnJU41nd 111 rile,, L wow. AA •3• z w _,.t U O 0 CD 0 J h- N L W O • Q I = C5 I-- Z I— O Z I- 2 D Cl ON 0 H W w H H LL' O .z W N H � O z Strander Boulevard, and has no other practicable means of ingress and egress to and from Lot 4, then Seller may use the easement area for general vehicular and pedestrian access purposes, at all times. Sound Transit may from time to time temporarily close portions of the Easement described in this paragraph 3, for maintenance and repair purposes, but Sound Transit will use reasonable efforts to conduct routine repairs and maintenance so as to not unreasonably disrupt McLeod's use of the Easement. 4. General Provisions Applicable to the Easements. The design of access roadways to be constructed within the Easements shall minimize any interference with or otherwise materially detrimental impacts to the use of the Transit Center Property and the McLeod Property. The parties acknowledge agree that entrances from the Easements onto S. 156 Street, Strander Boulevard Extension, and S. 158" Street may require that the driveways be located outside of the 24 -foot casement corridors, and agree to grant such additional rights as will allow the parties to locate such driveways. Such driveways shall be established in mutually agreeable locations. In addition, the parties agree that each shall bear its respective incremental additional costs for roadway design and con- struction beyond the costs of improvements planned by the other party. 5. Bi,tdina Effect. The covenants and agreements set forth in these Ease- ments shall be covenants running with the land. Such covenants shall be binding upon, and inure for the benefit of the parties hereto and their respective successors and assigns. The Easements granted hereby shall have priority over any and all liens, encumbrances or other interests in the encumbered property, and shall survive transfer of the fee ownership CC C3 of, or any leasehold estate in, the encumbered property. 6. jtecording. These Easements shall be recorded in the real property records N of King County. Washington. 7. Costs and Attorneys' Fees. The parties hereto agree that in the event it ▪ becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements and/or conditions ▪ of these Easements, it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection there- with, including, but not limited to, reasonable attorney's fees (including paralegal fees and fees for any appeals) and court costs. 8. Notices. Any and all notices or other communications required to permitted by these Easements or by law to be delivered to, served on or given to either party to these Easements by the other party to these Easements, shall be in writing and shall be deemed properly delivered, given or served when personally delivered to such party, or in lieu of pc sonal services, when telecopied or when mailed by United States S&colComet NK.n+a.' l.. k n.NY.lnd:M no tool tarn/rats no fto'n -t- • • I I i I IV' DEC 3 1 2001 DE VELOPMENT C OMMUNITY z i~ w c4 2 6 J 0 0 fn J H WO Q fn . = d Z Z W W U � 'O co 0 I— LL! uJ I-- I' ~O .. Z U= O ~ Z mail, express, certified or registered, postage prepaid. or by a nationally recognized overnight delivery service, charges prepaid, addresses as follows: If to McLeod : With a copy to: : DEC 3 "1 2001 COMMUNITY DEVELOPMENT C1 c0 01 B. B. As used herein, the term "McLeod" shall refer to McLeod and its N ors and assigns and the term "Sound Transit" shall refer to Sound Transit and its 0 successors and assigns. ri ri 13. Miscellaneous. By- tes swrt.. ru. +.a.w.a..11wI.utt../iww.,,o..ww, •6- » qvn 10. Waiver. No waiver or any of the provisions of these Easements shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instances to which it relates and shall not be deemed to be a continuing or future waiver. I. Captions. The captions and paragraph headings contained in this Easement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of these Easements, nor the intent of any provision hereof. 12. (3oveminit Law. These Easements shall be governed by and construed in accordance with the laws of the State of Washington. A. The Easements granted hereby are solely for the benefit of, and are intended to constitute easements appurtenant to the benefited property and are not assignable by the owner of such property to any other person except in connection with the sale, transfer, conveyance, encumbrance or assignment of the benefited property. The Easements granted hereby, and the rights, duties, restrictions, limitations and obligations herein created, shall run with the land, shall burden the encumbered property and shall benefit the benefited property and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interest in any part of the Transit Center Property, McLeod's Northern Fee Property, Lot 4, and Lot 1. IN WITNESS WHEREOF, these Easements am executed by the parties, intended to be legally bound, as of the date first written above. MCLEOD STUART M. MCLEOD MCLEOD DEVELOPMENT 'OMPANY • COMMUNITY OEVELOPMENT SOUND TRANSIT STATE OF Washington COUNTY OF KING CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY By 7�.,Gisd� �Gti%k..l� Name: Robert K. White Title: Executive Director Approved as to Form: STATE OF WASHINGTON COUNTY OF KING On this of of November,1998,,befor+e tie, o y Public in and for the State of Washington, personally appeared JTUO■ T /r{^I P s4, person executed this instrument, on oath stated awl waAputhorized to execute the ' instrument, and acknowledged it as the r of MCLEOD corporation for the uses and purposes mentioned in the instrument. Ct DEVELOPMENT COMPANY to be the fire and voluntary act and deed of said IN WITNESS WHEREOF, I have hereon , set my hand and official seal the day • and year first above written. ✓ l r4 • RY ' UBLIC in and the Washington, residing at / /!/ My appointme u s 7M111 Print Name _ L Z7 „. On this day of November, 1998, before me, n Notary Public in and for the State of Washington. personally appeared STUART M. MCLEOD, personally known to Ei q 0 � �v�$ 41 P M ENT U, got STATE OF WASHINGTON COUNTY OF KING ) ss. ►'4r Gai. - 4'C,..ru wUet..I Jamul tu.w.ti..,e...u -8• I IA • DEC 3 1 2001 COMMUNITY DEVELOPMENT me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instnrrnent and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year First above written. UBLIC in an ashington, residing My appoint Print N On this day of November, 1998, before me, a Notary Public in and for the State of Washington, personally appeared Robert K. White, personally known to me (or proved tome on the basis of satisfactory evidence) to be the person who executed this msuurnent, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Executive Director of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrumcnt. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. c NOT Y P LTC in and for the State of Was ngton, siding at 4ttk1r My appointment expires t- i t- 2002. Print Name 7t.... - 3ra1_ 1 1 RECEIVED z = I- z CL 2 —I U 0 to 0 cn ti) -'_ H WO c a I I — Z �. H O Z I— W W 0 52 U� W W . I LL Z U u H F = — 0 z EXHIBIT A TRANSIT CENTER PROPERTY LEGAL DESCRIPTION: LOT 2; THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO.46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO.46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. I GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 +25.97 POINT OF TANGENCY "Y" 0+00; THENCE NORTH 87 °07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO 1 INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y "; THENCE NORTH 87 °08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; • THENCE CONTINUING NORTH 87 °08'04" EAST 124.74 FEET TO WESTERLY MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY; THENCE NORTH 03 °40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO THE SOUTHERLY MARGIN OF LOT I OF THE CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81-16 SPE RECORDING NO.8 111090569; THENCE SOUTH 87°13'29" WEST 127.45 FEET; THENCE SOUTH 01 °26'34" EAST TO THE POINT OF BEGINNING. v.r r. a. w n ....... I.+wi...r.yr...i:....w.r r.,,.... a. .9. 114)U7$ • DEC 3 1 2001 COMMUNITY DEVELOPMENT RECEIVED LEGAL DESCRIPTION: LOT 3: ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINETRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL. WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM I y AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; 0 THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF i„1 ▪ SAID DONATION CLAIM; • THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH v?.' LINE A DISTANCE OF 80 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO. MILWAUKEE. ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. ] F..YreYiW41..mee II W ALAJO41d: M nu1.n rum •, • r 11•01/M • 4 . DEV APN NT . z i 1- C4 2 J U 6 0O 0) 0 W � 1.- U) u. WO Q I _ . Z I- F- z 1- uj U O O - 0 I- W W . F LLI U) U = O~ z LEGAL DESCRIPTION: EXHIBIT B MCLEOD PROPERTY MCLEOD'S NORTHERN FEE PROPERTY LOT 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS RECORDED UNDER RECORDING NO. 9803129013, RECORDS OF KING COUNTY, WASHINGTON. LOT 1: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO.46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -0F -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. 02 LEGAL DESCRIPTION: p) LOT 4: r4 C ALL THAT PORTION OF GOVERNMENT LOT 11 AND THAT PORTION OF THE H SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL SITUATED IN • SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; uee'„0a«e LMIL CP0131, ■ MIMLnM141.44 e.•w.,,eu.we.," I I■1Wi Alb C1 O tl A LMsJt rl..K ro l ..►4ta.444041lM • 12- IIoVltl • ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY MEADER DONATION CLAIM NO. 46 eta RE CErtit 4 7 0 ercOM441 'Q1TY MEN T _ 9811051963 AFTER R Ras( :ORU(N(: a\1AIL 1'O: Namc Cam' PUGET SOUND REGIONAL TRANSIT AUTHORITY Addre.s 1100. SECOND AVE. , SUITE 500 ... City/state , - ._SEATTLE, WA 98101 - 3423 Document 'fillets): Nu is an.oclin». cunlainrd lIcreml 1. NUISANCE EASEMENT el'erence Number(s) 111' 1)ocumenls assigned or released: O ❑ Additional numbers on page ._-_ -• _ -- of document V4 I MCLEOD, STUART M. ao 2 • MCLEOD DEVELOPMENT' COMPANY, A WASHINGTON CORP , \dditional name.; on page ul dncu:nrnl name and ilun:ah:1 1. CENTRAL PUGCI' SOUND REGIONAL 'I'RANSI'1' AUTHORITY Additional name, on page of document la Complete legal destriplion k nn paee97 1�� of document Assessor's Property Tax Parcel / r \croon' Number's): 000580 0013 - and 252304 - 9006 -05 RECEIVED DEC 312001 COMMUNITY DEVELOPMENT First American Title Insurance Co npally Ott. '4)11 1ST AM -S (this tprrrr /br ride COIN Abbreviated Legal 1)eseription as follows: 11 r I /1,611 L:pl:a nr s, •rlinnpn„n.hiphaupe /gn:ulerhimm •a a SECTION 24 '.!U' NSH1P 23N RANGE 4E SE QUARTER SW QUARTER, SECTION 25 TOWNSHIP 23N RANGE 4E NE QUARTER NW QUARTER, AND SECTION 25 TOWNSHIP 23N RANGE 4E SE QUARTER NW KY: a Jlf- [ NO'T'E: Ta awlirnrnr, 'ode, a /// rr /t rue rhr inlunnunnn nor rhr /;,run. The cruJj n ill our rend Nrr rlw•untenr err rrri j1• der .4, runar y or t ungrhvrnest n/ the nnlr•rurt' to., n pn,ridrd hr•rr•irr. 5 tece rndvl 2 E' • . I W 6 OC J U. UO U) J fA V„ W O u a. = a 1- _ Z I— I- O Z u j W p U O N • 1-- W Ill • U ~ O Z = O ~ Z O. RECORDING REQUESTED IIY AND RETURN ADDRESS: Jennifer Belk Central Puget Sound Regional Transit Authority 1 100 Second Ave., Suite 500 Seattle, WA 98101 -3423 GRAN'T'OR: GRANTEE: A ItfRIS V IA ITSI) l.li(GAL. DESCRI ASSESSORS TAX I'AR('lil. NO.: NUISANCE EASEMENT (COMMUTER RAII, STATION ANI) TRANSIT CENTER) STUART M. MCLEOD. AN UNMARRIED MAN; MCLEOD DEVELOPMENT COMPANY. A WASHINGTON CORPORATION CENTRAL Pt1GET SOUND REGIONAL TRANSIT ANTI IORITY (Sec I'al:e for full legal dcscriplinn) S:1Rea1 I slalcU.indalCuuonort•r Rai MkI elellnKlenti nuisance easement tine I I I/9V')M z = 6 F— 0 0 (n 0 . J W 0 2 < = W Z F. I— 0 Z 1— U D '0 h- = U • L- O: Z . UN 0 z NUISANCE EASEMENT (COMMUTER RAIL. STATION AND TRANSIT CENTER) This Nuisance Easement (the "Easement" or the "Nuisance Easement ") is granted this 3,1 day of November, 1998, by STUART M. MCLEOD. an unmarried man and MCLEOD DEVELOPMENT COMPANY, a Washington corporation (collectively, "Grantor ") in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHOR- ITY, a regional transit authority ( "Grantee ") with reference to the following facts: RECITALS: A. Grantor is the owner of certain real property located in the city of Tukwila, King County, Washington legally described in Exhibit A attached hereto and by this reference incorporated herein (the "Property "). B. Grantee is the current owner of the property located in the City of Tukwila, King County, Washington legally described in Exhibit B attached hereto (the "Transit Center Property "). The Transit Center Property is adjacent to and hounded by the Property on the north and south sides. C. Grantee is a regional transit authority, authorized by Chapter 81.104 and 81.112 RCW and a vote of the people to implement a high capacity transportation • system. Grantee intends to construct and operate a commuter rail and transit station (including parking facilities and other transit related improvements) on the Transit Center Property and on adjacent railroad right -of -way. D. The parties heretofore have entered into a Real Estate Purchase and Sale Agreement, dated Novenlhcr_3_. 1998 in Section 9.1 of which, Grantor agreed to convey Grantee a certain transit use "nuisance" easement upon the Property for the benefit of the Transit Center Property (the "Easement "). Grantor and Grantee desire to set forth herein their agreement with respect to the Easement and to set forth the terms and conditions for the use and enjoyment thereof. NOW, THEREFORE. for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Recitals Incorporated. Each recital set forth above is incorporated into this Easement as though fully set forth herein. 2. Easement. Grantor does hereby make, declare, sell, transfer, convey, warrant and establish a perpetual non - exclusive easement (the "Easement ") on and over all ol'the Property for the benefit of the Transit Center Property and for the benefit of S:\Rcat Gslme \Linda \Couunmcr Raif\Alclind \mcicnd nuisance easemeni.doc 2 I I/01rm • Grantee and its successors and Grantee's agents. officers, employees, tenants and invitees for dust, traffic, visual impacts, noise impacts, and other nuisances that may result from Grantee's development, construction and operation of the Transit Center Property as a commuter rail and transit station, including parking facilities and other transit related improvements and services at all times. 3. Binding Effect. The covenants and agreements set forth in this Easement shall be covenants running with the land. Such covenants shall be binding upon, and inure for the benefit of the parties hereto and their respective successors and assigns. The Easement granted hereby shall have priority over any and all liens, encumbrances or other interests in the Property, and shall survive transfer of the fcc ownership of, or any leasehold estate in, the Property. 4. Recording. This Easement shall he recorded in the real property records of King County, Washington. 5. Costs and Attorneys' Fees. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms. covenants, agreements and /or conditions of this Easement, it is understood and agreed that the prevailing party in such litigation shall be entitled to he reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney's fees ( including paralegal fees and fees for any appeals) and court costs. 6. Notices. Any and all notices or other communications required to permitted by this Easement or by law to he delivered to, served on or given to either party to this Easement by the other party to this Easement, shall he in writing and shall he deemed properly delivered, given or served when personally delivered to such party, or in lieu of personal services, when telecopied or when mailed by I Inited States mail, express. certified or registered. postage prepaid. or by a nationally recognized overnight delivery service, charges prepaid. addresses as follows. If to Grantor S:\Keal Estate \ Linda \Commuter Kad\Metxotnnicteml nutsanee ensement.drx tI /03/9% Stuart M. McLeod McLeod Development Company 313 Lake Street South Kirkland, Washington 98033 3 Z = W 0 O 0 (n W = J f- • O g Q co W . Z H O Z I- 0 O - o 1 W W I L" O .. Z W — I 0 Z With a copy lo: If to Grantee: With a copy to: Janus A. f Greenfield Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101 -1688 Central Puget Sound Regional Transit Authority 1 100 Second Avenue, Suite 500 Seattle, Washington 98101 Attn: Jeri Cranney, Division Manager, Real Estate Facsimile No. (206) 689 -3526 Central Puget Sound Regional Transit Authority 1 100 Second Avenue, Suite 500 Seattle. Washington 98101 Attu: Legal Counsel Facsimile No. (206) 694 -1940 All notices so telecopied shall he deemed delivered upon transmission thereof and all notices so mailed shall he deemed received on the date which is 24 hours after delivery to the overnight delivery service by the sender, or if placed in the United Stales mails, on the date of the return receipt or, if delivery of such United States mail is refused or cannot be accomplished. 48 hours alter deposit in the United States mails. Either party may change its address for the purpose of this Section by giving ten (10) days advance written notice of such change to the other party in the manner provided in this Section. 7. Amendment. This Easement may not he modified, amended or terminated without the prior written approval of the then owners of the land which is benefited or burdened by the provisions of any amendment to this fiascment. 8. Waiver. No waiver or any of the provisions of this Easement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only he applicable to the specific instances to which it relates and shall not be deemed to be a continuing or future waiver. 9. Captions. The captions and paragraph headings contained in this Easement arc for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Easement. nor the intent of any provision hereof. 10. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Washington. S:\Real Estmc \Linda \Cumnuner Rni1V.IcLcm11meleml nuisance caseme t I ( 4 1 I/03/98 i I I/OV7R 12. Miscellaneous. A. The Easement granted hereby is solely for the benefit of, and is intended to constitute an easement appurtenant to the Transit Center Property and is not assignable by the owner of the Transit Center Property to any other person except in connection with the sale, transfer, conveyance; encumbrance or assignment of the Transit Center Property. The Easement granted hereby, and the rights, duties, restrictions, limi- tations and obligations herein created, shall run with the land, shall burden the Property and shall benefit the Transit Center Property and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interest in any part of the Property or the Transit Center Property. B. As used herein, the term "Grantee" shall refer to Grantee and its successors and assigns and the term "Grantor" shall refer to Grantor and its successors and assigns. IN WITNESS WHEREOF, this Easement is executed by the parties, intended to be legally bound, as of the date first written above. GRANTOR STUART M. MCLEOD By MCLEOD DEVELOPMENT COMPANY Name n J/1;1.— • l'itic: /FT; UNYyf GRANTEE CENTRAL PUGET SOUND REGIONAL TRANSIT A UTI IORI'I'Y By Name: Robert K. White Title: Executive Director S:\Rcal Estatc \Linda \Commuter RaiIlMcLcodlnlcicod nuisance casemcnt.dnc 5 STATE OF WASHINGTON COUNTY OF KING On this • clay of November, 1998, before tne, a Notary Public in and for the State of Washington, personally appeared STUART M. MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to he the person who executed this instrument and acknowledged it to he his free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ) ss. rl / `NOTAR PUBLIC in and f • thA e Washington, residing at . ' ! T �/e My appointoreegqt ex ires'./7":" l ^ `•' Print N iin '<JLC /, r rf r', "• - {5 STA'L'E OF WASHINGTON ) 1 ss. COUNTY OF KING ) On this 1.6 clay of November, 199/L -I fore I ►c, a Not�,r ubliq'in and for the State of Washington. personally appeared .JJFCty r N. 77z.eo ., personally known to the (or proved to me on the basis c . aty..•lactory evidence) to be the person who executed this instrument. on oath stated th• , _— LY �' was luthorizccl to execute the instntlnent, and acknowledged it as the v.S,PtP.r) r of MCLEOI) DEVELOPMENT COMPANY to he the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. Approved as to Form: i fiVWN SotirSd Tr i. it Legal Counsel S:1Real ttaale \I.indat('unuumcr It ailVoIclrIRBmc1,• xl nuisance cacciiicni c 1 1 /01/911 Ci IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. !) (9. R PUBLIC in and ' r thcS Washing on, residing at My appointmenVex es•_ Print Name �c ir f,+. q X44) STATE OF WASHINGTON ) ss. COUNTY OF KING On this day of November, l99, before me, a Notary Public in and for the State of Washington, personally appeared, Robert K. White personally known to mc (or proved to mc on the basis of satisfactory evidence) to he the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Executive Director of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to he the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WIIEREOF, I have hereunto set my hand and official seal the day and year first above written. ,' c 1. e, Lt.1• ..)r_\ <- NOT Y PU IC in and for the State of Wa.' ngton, rc.'ding at '.,6,111: t ;\ My appointment expires 1.79 • '2i.'u ?_ Print Name _ \0i,,.,1( '0014. S.1Real fi i IiI.ludaV bnunulcr ItaII\I1It'IAYNNIeelcoll IIIIICIIII'l' emellicuil ili c 7 • 1 110 /98 LEGAL DESCRIPTION: L(YI' 4: ALI. THAT PORTION OF GOVERNMENT NT LOT I I AND THAT PORTION OF THE. SOUTHEAST QUARTER OF T HE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTII, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN T RACT CENTERLINE AS LOCATED AND CONSTRUC'T'ED: ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIG1I T ANGLES TO BURLINGTON NORTIIERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED: ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTI IERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT I I: ON THE mown' BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOLJTIIERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY MEALIER DONA'T'ION CLAIM NO. .I( LE(;A1, DESCRIPTION: LOT 1: EXHIBIT A TIIE PROPERTY THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSI IIP 23 NORTH. RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. LYING WEST OF TIIE BURLINGTON NORTHERN RAILROAD RIGIIT -()F -WAY. EAST OF THE IJNION PACIFIC RAILROAD RIGI IT-OF-WAY, AND SOU'T'I I OF A LINE 137 FEET SOU'T'H OF THE NORTH LINE OF SAID DONA'T'ION ('I.AIM AND NORTI1 OF THE EAS'T'ERLY PROLONGATION OF THE MONIIMENTED CENTERLINE. OF SO. I51TI I STREET. S9ltcal ILKI:mell.intla1C',nnnnner ItailV.lcicodlmcicinl nuisance casement doe 8 1/11]/78 NOV 51998 `�� • CD M O e-i N McLeod's Northern Fee Property LOT 2 OF CITY OF TUK W ILA SI f ORT I'I.AT NO. L98 -0007 AS RECORDED UNDER RECORDING NO. 9803129013, RECORDS OF KING COUNTY, WASIIINO i'ON. S1Real I stalc\I Jnda\( ',mummer I(aIM(eI.eINI\IIIeIeINI IIIII':IlI' l \I'IIN'IILIIIN' I I /().1 /9R I, W • . —J O 0; CO O J1-- U) W ' 11 J 0 LL Q to = U' Z 1..:. H O Z 1— uj CI O -' W W H H O . .. Z U = 0 I- O z EXHIBIT 13 'THE'I'RANSIT CENTER PROPERTY LEGAL DESCRIPTION: LOT 2: '.;+ TI•IAT PORTION OF THE FIENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGFIT -OF -WAY, NORTH OFTI IF. CITY OF SEATTLE 130W LAKE PIPELINE RIGHT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158'111 STREET. TOGETHER WFTII THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 + 25.97 POINT OF TANGENCY "Y" 0 +00; THENCE NORTH R7 °07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH TFIE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT-OF-WAY; THENCE SOUTIIERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOl at I OF. MEASURED AT RIGI IT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y "; THENCE NURTll 879)8'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGEI' SOUND POWER & LIGHT RIGFIT -OF -WAY TO THE POINT OF BEGINNING; THENCE CONTINUING N(.)RTI 187 °08'04" EAST 124.74 FEET TO WESTERLY MARGIN OF UNION PACIFIC RAILROAD RIGHT- OF•WAY; THENCE NOR'I'Il 03 °40'04" EAST ALONG 111E WESTERLY RIGHT OF WAY MARGIN TO THE SOUTHERLY MARGIN OF 1.0'1' 1 OF THE CITY OF TUKWILA BOUNDARY LINE ADJUS'T'MENT NO. 81 -3( SPE RECORDING NO. 8111090569; THENCE SOUTH 87 °13'29" WEST 127.45 FEET; THENCE SOUTH 01 °26'34" EAST TO'HIE POINT OF BEGINNING. S: \Real Estate \ Linda C°mmmer Rail \McLc°dbnclrnd nuisance casement dnc I0 LEGAL, DESCRIPTION: I.O'I' 3: S.1Rcnf I'.ctnn'\I.intln\I nimnnter Roil \Atcl.emilmeletxl nuicnnce emement the I I /tgr18 ALL THAT PORTION OF GOVERNMENT I.OT 11 AND ALL TIIAT PORTION OF HENRY MEADER DONATION CLAIM NO 46 IN THE NORTII HALF OF THE NORTH QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGIIT ANGLES TOTI•IE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED Al' RIGIIT ANGLES To I3URLINGTON NORTFIERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED: ON TIME SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGIIT ANGLES TO Tim: SOUTI I LINE OF SAID DONATION CLAIM; ON TI IE NORTH I3Y TIIE SOUTH MARGIN OI''1'I IE CITY OF SEA'ITLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGIIT -OF -WAY. AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED r INDER RECORDING NO. 4131067: EXCEPT THAT PORTION THEREOF, DESCRII3ED AS FOLLOWS: BEGINNING AT A POINT ON '111F, SOl1Tl1 LINE OF SAID DONATION CLAIM AND THE IiAS'r MARGIN OFTIIE CHICAGO. MILWAUKEE. ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY: THENCE EAS'T'ERLY A DISTANCE ()1: 120 1:1:.N'1' ALONG SAID SOUTI1 LINE ()1' SAID DONATION CLAIM; TIIEN('E NORTI!EAS'T'ERLY MEASURED AT RIG{ IT ANGLES SAID SOUTH LINE A DISTANCE OF 80 FEET: '1'IIEN('E WESTERLY PARAI.I.EI. WI'I'I I SAID S()t MI LINE TO SAID EAS'T'ERLY MARGIN OF SAID CHICAGO. MILWAUKEE. S'1'. I'AIll. AND PACIFIC RAILROAD RIGIIT' -0F -WAY: THENCE SO(J'I'IIERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF {3EGINNIN(;. II 9103011317 COMMONWEALTH LAND PnAadelphha. Pennryhrama FILED FOR RECORD AT REQUEST Of WHEN RECORDED RETURN TO section 1031 services THE GRANTOR Section 1031 Services, Inc., a Washington Corporation forand(ncoraideraliono( us p;trt of an IRC Section 1031 Tax Exchange (S ), in hand paid. grant , bargain , sell • conve • and confirm to Stuart McLeod, a single person the following described real estate, situated in the county of h ing , Stale of 1Voahiniton: Cr ) C Cr) CT) The Grantor fur Lt se i t end for it S auaxuson in interest do by these presents expressly limit the covenants of the deed to those herein expn+ud. and exclude all covenante arising or to arise by elatutory or other implication, and do hereby covenant that against all persons whomsoever lawfully claiming or to claim by, through or under said Grantor and not otherwise, it will forever warrant and defend the said described nut estate. Dat ed .....« ._._ Legal description att :ached hereto and made a part hereof STATE OF WASHINGTON F1. COUNTY On this day personally appeared before me On this day of T i STATE OF WASHINGTON COUNTY GIVEN under my hand IB 9 1 SECTION 1031 }- to me known Lo the individual described in and who executed the within and foregoing instrument, and acknowledged that .__.._._..... signed the name as «. «._.„__ ».« tree and voluntary act end decd. for the use and purposes therein mender Notary Public in and for ho Stato:o inhere, residing ot.._... ..«..._.._,�..� «_.,_._...__.... FORM 3157 ( 0 RECZ:VEU rifts g,1 HR I t tc•I,tgl . h e , , h' Special Warranty Deed .t as • a rat ..... laz beforo me, tho undonigned. a Notary Public in and to 'ha S tate of Wash• ington, duly commissioned and sworn, notionally eppoorcd....»...._ «_.... «... ---------T.21.- lia.K............._...................... to me known to be the ..,V..I.C.O .......Preaidont aYsES. 1;:i.S.S. S:tSohfelitiftiC W k . — l.?el1i of._..S.e.gc1..alx «. , Q. 3. L ....e.)~va..es.,_.Inc..__.. ..._ the corporation that executed the fotetaing inatru ant, and ncknowledted — the said instrument to be the free and voluntary act and dgvl of said corpor- aton, for the tun and purpae.o therein mentioned, rind an oath atatod that s e,_is , , outh tired m to oceculo the said irutruant and that tha scat tho corpo pto col of said corporation. new my and oUiciol ■eol,herete, od - day y the de and year lint een. n _..« N otary P14) c i p,a d f l to of WaahinClon, ✓ i THIS SPACE PROVIDED FOR RECORDER'S USE: KING COUNTY - NO EXCISE TAX DUE MAR 1 1991 E1177735 RFCV' F FF.CFFE CRtI* I 7. bI7,1 7 f;, . 111 :: ? , res 4.14 S S , INC., on Dollar. ) Fi RECEIVED DEC 312001 D VELOPMENT z nc w re 00 c W (n • 0 g a • D 2 I— W Z F- 0 Z uj W 2 D lO U t o O I-- W W I— „-- li.. 0 • Z U = L O r 1 Cr, O C ) O DESCRIPTION: EXHIBIT "A" RECEIVE DEC 312001 COMMUN ENT DE ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OP HENRY MEADER DONATION CLAIM NO, 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OP THE SOUTHEAST 1/4 OF TIIE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 1 EAST N.M.. BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 49 FEET EASTERLY MEASURED AT RIGICT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY ?WIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES To BURLINGTON NORTRERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES 70 THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH HAROIN OP TEE CITY OP SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: • 2. • BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OP THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OP SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OP OD FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE. ST. PAUL A PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING: EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE POR AND MINE TAE SAME, AS CONVEYED BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 8404050908 AND 8404050909; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING. STATE OF WASHINGTON. 7' • z i� '~ cc 2 6 1 0 N O J i U) u_ W O 1 ? . N = W z I— O z W n p U 0 1— W H 0 .. z U = O z 9811051965 RECORDING REQUESTED nY AND RETURN ADDRESS: Jennifer Belk Central Puget S RInd Regional 'I'ran. it Authority 1 100 Second Ave.. Suite 501) Seattle, WA 98101 -3423 TEMPORARY EASEMENT IN GROSS (CONSTRUCTION STAGING AND SUPPORT) GRANTOR: GRANTEE..: ARRREVIAT(I) LEGAL. DES('RIIrr7ON: (Sec Page far full legal description) ASSESSORS TAX PARCEL. NO.: N10. 111(1.10. ISIS aredVteal riaintell.indaK'nmmner RmMIclsrxMletroll Staging Farencnt.dne t IASf7It RECEIVED DEC 3 1 2001 COMMUNITY DEVELOPMENT MCI.IiOD DEVELOPMENT COMPANY. A WASIIINGTON CORPORATION CENTRAI. PI IGET SOUND RE:GIONAI. TRANSIT Al IT' IORITY 1 AP"I'ER RECORDIN(; MAlI. 10: Name CENIRAL PULiEr SOUND REGIONAL TRANSIT AUTHORITY 1100 SECOND AVE., SUITE 500 (lyMa, SEATTLE, WA 98101-3423 1)0(1 Ilileilt Ti SINS): 0 II:111411 11111i:11111A 1111'11'111i 2. 3. TEMPORARY EASEMENT IN GROSS 4. 1 . 0 Reference Number Is) of Documents assigned or released: 0) 1.0 0 Additional numbers on page of (locomen! 1-1 Grantor(s): 11 1.111.1111c Op.!. awn tit,' name and initials; -4 1. MCLMD DF:VE1OPMENT Cr1MPANY , .A WASH T NG'InN 4 2 w• 3: 4. S. 0 Additional names on page 4(1m:1:mem I:ran tee(s):11;1+1[1:1111c iist. iliipi isu hilL and 1. CENTRAL PUGEP SOUND REGIONAL TRANSIT AUTHORITY 2. 4. 5. 0 \ I I "tt' "' "II Pagt uiF 1101 Abbreviated Legal Description as Mows: ti.tt. ,,t ulm 4 p.aimml..d.whmihhirAmlywhamrivrhanmell SECTION 24 TCWNSH1P 23N RANGE 4E SE QUARTER SW QUARTER, t-1 SECP1ON 25 TOWNSHIP 23NJ RANGE 4E JNE QUARTER NW QUARTER, AND lz; SECTION 25 TOWNSHIP 23N RANGE 4E SE QUARTER NW QUARTER. •- = Ert.'In»pleie legal ilesetiption is on page C \ - k of (loctiment Assessor's Property Tax Parcel / Account Number(s): = 000580-0013-t)3 AND 252304-9006-05 3 cu 171 '..g N( )II: I Ise • hies ss restsdes troll s I /t. •tst the thlsq maths's out the lens The ■Isill will sh I s'shl Ihr shh sit Fs, iterilit the i t.e• .14 Isurstmeit eq. t •ust/)/s testrA% el the siteletint; inli smith" lir"rideS ho rim s.. .... rv To.s.• s.jr-yr 1--; : ••-..-.• .. :: lli .. • ditg r.::.:. v o .,.."--------- g ' • •--- ....• ---••••••_-• --•- ■• First American Tide Insurance Company 90..1;11 1ST AM-S I our fill liliruusliip,gpip. me "WO CORPORATT.ON TEMPORARY EASEMENT IN ( ;ROSS (C Ntit'RU(' f 1)NS'1'A( ;1Nt ;ANI)SupI )R'1') This Temporary Easement for Construction Staging and Support (the "Easement ") is granted this 3r.1 day of November. 1908. by McLeod Development Company, a Washington corporation, ( "Grantor") in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ( "Grantee ") with reference to the following facts: RECITALS: A. Grantor is the owner of certain vacant real property located in the city of Tukwila. King County, Washington legally described and depicted in Exhibit A attached hereto and by this reference incorporated herein ( "Lot I "). B. Grantee is the owner of property located in the city of Tukwila. King County. Washington adjacent to Lot I. legally described and depicted in Exhibit B attached hereto (the "Transit Center Property "). C. Grantee is a regional transit authority, authorized by Chapter 81.104 and 81.112 RCW and a vote of the people to implement a high capacity transportation system. Grantee intends to construct a commuter rail station, parking facilities, and related transit center improvements on the Transit Center Property and intends to con- struct other transit - related improvements throughout the Puget Sound region. Grantee requires space for construction staging and support and for related activities for a period that will end on or before April 30. 2000. D. Grantor intends to grant Grantee temporary rights, as described herein, to use Lot I for such temporary construction staging and support. E. The parties heretofore have entered into a Real Estate Purchase and Sale Agreement. dated November3, 1998 in Section ft of which. Grantor agreed to convey a temporary construction easement upon I.ot I (the "Easement ") for the benefit of the Transit Center Property. Grantor and Grantee desire to set forth herein their agreement with respect to Grantee's temporary easement for construction staging and support and the terms and conditions for the use and enjoyment thereof. NOW. THEREFORE, for valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree as follows: I. Recitals Incorporated. Each recital set forth above is incorporated into this Easement as though fully set forth herein. 1%10.100.1035 \S Weill teal rvate l.inda'Cnmmutct Ra ilNleI eNIMcl.enJ Singing Ei,enrnt Jnc I 10/9/1 -2- . 2. Grant of Easement. (iranlnr does hereby make, declare. sell. transfer. convey, warrant and establish a temporary exclusive easement in gross (the "Easement ") over all of Lot I for the benefit of Grantee and for the benefit of Grantee's agents, officers, employees. and invitees for the purpose of construction staging and support. including vehicular and pedestrian access to . Lot I at all times. During the term of this Easement, Grantee shall he entitled to make any and all use of Lot 1 necessary or desirable to support and stage for Grantee's construction work on the Transit Center Property and other property owned. leased. or otherwise controlled or to be used by Grantee. Such uses may include but are not limited to, parking, storage of equipment, materials, supplies. parking of construction trailers, and roadway detours. Grantee agrees. by its acceptance of this Easement, to indemnify and defend Grantor, any person who from time to time holds a direct or indirect ownership interest in Grantor and any person who from time to time holds a mortgage lien on Grantor's property against any claim or liability that may he asserted against one or more of them arising from or in connection with Grantee's activities on the Easement Area pursuant to this Easement and all related damages, costs and expenses except to the extent caused by or resulting from Grantor's sole negligence and except, where such claim or liability results from the concurrent negligence of Grantor, its agents or employees and Grantee, its agents or employees, to the extent of Grantor's negligence. Grantor and Grantee acknowledge that these indem- . nity provisions have been mutually negotiated by the parties. Grantee specifically and expressly waives its immunity under industrial insurance Title 51. RCW as to amounts that Grantor may claim pursuant to this paragraph. 3. Term. This easement shall he effective from the date of its, joint execution and shall expire on April 30. 2000. if not terminated earlier as described herein. 4. Termination. Grantee may terminate this Easement by written notice to Grantor at any time. in such event, the parties shall. at Grantor's request. record a ter- mination of easement in the King County real property records. 5. Condition of Easement. Grantee agrees, at its sole cost and expense. to remove any and all personal property from Lot I and to restore Lot I to its original con- dition at the expiration or earlier termination of this easement. Grantee shall indemnify and hold harmless Grantor from any and all claims, losses, expenses to the extent they arise from Grantee's failure to comply with the obligations set forth in this paragraph 5. 6. Binding Effect. The Easement granted hereby is solely for the benefit of Grantee, and is personal to Grantee, its successors in interest and assigns. The Easement granted hereby, and the duties, restrictions, limitations and obligations herein created, \1IO 1110.11115 \Shared \Real Estate \Linda\Commuter RaA\McltodNleltnd Staging lasenrnt.doe I I /1/Oft -3- NOV 51998 shall run with the hind. shall burden Lot I and shall he binding upon and the Grantor and its respective successors. assigns. mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interest in any part of I .ot I . 7. Recording. This Easement shall he recorded in the real property records of King County. Washington. 8. Costs and Attorneys' Fees. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements and /or conditions of this Easement, it is understood and agreed that the prevailing party in such litigation shall be entitled to he reimbursed for all costs incurred or expended in connection there- with, including. hut not limited to. reasonable attorney's fees (including paralegal fees and fees for any appeals) and court costs. 9. Notices. Any and all notices or other communications required to per- mitted by this Easement or by law to he delivered to, served on or given to either party to this Easement by the other party to this Easement, shall be in writing and shall he deemed properly delivered, given or served when personally delivered to such party. or in lien of personal services, when telecopied or when mailed by United States mail, express, certified or registered. postage prepaid. or by a nationally recognized overnight delivery service, charges prepaid. addresses as follows: If to Grantor : With a copy to: If to Grantee : McLeod Development Company 213 Lake Street South Kirkland. Washington 98033 James A. Greenfield Davis Wright Tremainc 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101 -1688 1 \10.100 I0.13 \SItareaftral FsI I Lind 'C, RaiIVIclridNlclen,I Staging liasen, nt.di,c I 1 /1ryR Central Puget Sound Regional Transit Authority 1 100 Second Avenue. Suite 500 Seattle. Washington 98101 Attn: Jeri Cranny, Division Manager, Real Estate Facsimile No. (206) 689 -3526 -4- With a copy to: Central Puget Sound Regional Transit Authority 1 100 Second Avenue. Suite 500 Seattle, Washington 98101 Attn: Legal Counsel Facsimile No. (206) 694 -1940 All notices so tclecopicd shall he deemed delivered upon transmission thereof and all notices so mailed shall be deemed received on the date which is 24 hours after delivery to the overnight delivery service by the sender, or if placed in the United States mails. on the date of the return receipt or. if delivery of such United States mail is refused or cannot he accomplished. 48 hours after deposit in the United States mails. Either party may change its address for the purpose of this Section by giving ten (10) days advance written notice of such change to the other party in the manner provided in this Section. 10. Amendment. This Easement may not be modified, amended or terminated without the prior written approval of the then owners of Lot 1 and the Grantee, its successors in interest, or assigns. 11. Waiver. No waiver or any of the provisions of this Easement shall he effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only he applicable to the specific instances to which it relates and shall not he decreed to he a continuing or future waiver. 12. Captions. The captions and paragraph headings contained in this Ease- ment arc for convenience and reference only and in no way define. describe. extend or limit the scope or intent of this Easerent. nor the intent of any provision hereof. 13. Governing Law. This Easement shall he governed by and construed in accordance with the laws of the State of Washington. NOV 51998 .. 14. Miscellaneous. As used herein. the term "Grantee" shall refer to Grantee and its successors and assigns and the term "Grantor" shall refer to Grantor and its successors and assigns. VU O.IB0.10.1 SlShnrnMcal Eaale%LindaWomnmter RailWInIaodNlclentI Staging Iin entnr.Jne I 1 /1RA -5- _.. �•..> ii IN WITNESS WI IEREOF, this Easement is executed by the parties, intended to be legally bound, as of the date first written above. GRANTOR MCLEOD DEVELOPMENT rjJ.YMPANY By Name: ST ART . MCLEOD Title: / lL Jt GRANTEE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY Approved as to Form: 1110.100.10.1SISharedlReal f.statellindaWnmmuter RaillMc eMlV.iclend Staging Casement doe I I /Sing Name: ROBERT K. WHITE Title: Executive Director aL So ►y d Tram' it Legal Counsel -6- • � J STATE OF WASHINGTON ) ss. COUNTY. OF KING On this - day of November, I9t 3 cfore me. J •t ' Nott.t�y ,Publ}'c in and for the State of Washington. personally appeared ...)Ti/(2,1" /4. /'� C..e -c+'L , personally known to me (or proved to me on the basis ofs evidence) to be the person who executed this instrument. on oath stated t -1 was • uthorized to execute the instrument. and acknowledged it as the P.S/ stated , 1- of MCLEOD DEVELOPMENT COMPANY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF. I have hereunto set my hand and official seal the day and year first above written. STATE OF WASHINGTON ) ss. COUNTY OF KING V / t" 4 't/L L1` 1 ,�• F . .: t 'W,b.I 11r 1I '5b. 5lRra1 i'i,te \I itxlatt 5numwet RajMlct et•ItAtcl nod Staging lia,eurut der I I /iidtt rJ .,ce J1 C4 Li (NO AR PUBLIC in an .r tft • State of Washington. residing at ' My appoint rruneennt exx,ppires Print Nam e.J On this .id day of November. It)98. before me. a Notary Public in and for the State of Washington. personally appeared Robert K. White. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Executive Director of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to he the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF. I have hereunto set my hand and official seal the day and year first above written. •'` ��,, , ' s �� NOTAR•' PUBLIC in and for the State of •T ; pTAS : e Washington, residing at My appointment expires ,zy o0 Print Name Ne2h Gi • n'k -7- Q • = Z '~ W 6 U U to III F=•- W O u. to = � W Z F- O Z W ui U � O - O F-- WW = I— H u. O .Z ' U 2 O ~ Z LOT 1: EXHIBIT A (Lot I) THAT PORTION OF TIIE HENRY MEADER DONATION CLAIM NO.46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY. WASHINGTON. LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY. EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF TIIE EASTERLY PROLONGATION OF THE MONI IMF..NTF,D CENTERLINE. OF SO. I5RTH STREET. 1110 100. I0.13tSharedlReal IsI Ie l.in.lalCommtnv RniI Mcleod Z kI od Staging Eafemcnl.dne 111 19g LOT 2: EXHIBIT IS (The Transit Center Property) THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO.46 AND OF SECTIONS 24 AND 25. 'I'OWNS1111' 23 NORTH, RANGE 4 EAST. W.M., IN KING COUNTY. WASHINGTON. LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAS'I' OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY. NORTH OF TI IE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY. AND SOUTH OF TI IE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO.46 DESCRIBED ABOVE. BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. I GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 + 25.97 POINT OF TANGENCY "Y" 0 +00: THENCE NORTH 87 °07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT-OF-WAY: THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SO1 ITI I OF. MEASI ►RF.I) AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OFTI-IE ABOVE DESCRIBED "Y ": THENCE NORTH 87 °08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER & LIGI RIGHT -OF -WAY TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH 87 °0X'04" EAST 124.74 FEET TO WESTERLY MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY: THENCE NORTH 03 °40'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO THE SOUTHERLY MARGIN OF LOT I OF THE CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81 -36 SPE RECORDING NO. 8111090569: THENCE SOt ITII 87'13'29" WEST 127.45 FEET: THENCE SOUTH 0I "26'34" EAST" 1'0 'I'I IF POINT OF II INNING. M10100.1015 \Charet1 \Rca1 l ,Iare ljnrla\Commurcr RniINIcI crINIcl coJ Slneine Iialcnenr.Jne I1 /,1l)R -9- • LOT 3 • ALL THAT PORTION OF GOVERNMENT LOT I I AND ALL TIIAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO. MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED: ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED: ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGITT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM: ON THE NORTH 13Y THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY. AS CONVEYED TO THE CITY OF SEATTLE. BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE. ST. PAUL AND PACIFIC RAILROAD RIGIIT -OF -WAY: THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM: THENCE NORTIIEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF SO 1TF.'T: THENCE WESTERLY PARALLEL \VITI-I SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO. MILWAUKEE. ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY: THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. 1010 IIXI 10 1SKItamdlRrnl liunitAlind3Wormillner ROII0 t l er.INfel coel Simple Fa'ement iloc nnrox -10- Z Q . r4 2 6 =Z `~ W 00 CO J W W ? � F Z F = - 1- 0 W H • 0 U O - O 1- W W H H IL O ,. Z w O ~ Z 9010310530 Request 01 Agreement Sensitive Areas Ordinance The undersi•ned owner and developer of real property located at n•t ,r,u et 1,1 / '. kr.u and more specifically described in Exhibit A attac ed hereto, hereby agrees, pursuant to the requirements of Tukwila Ordinance No.'s 1544 and 1550, that if the City of Tukwila will process the following applications: /A// //tA d 7 I-) eniC. 74 Ur SPA /c- C 90/10r'31 #0530 0 RECD F 7.00 RECFEE 2.00 CRSHSL * ** +:9,00 55 the development of the property described in Exhibit A will be subject to all of the Sensitive Areas Ordinance provisions as finally passed by the City Council even though those provisions may be more restrictive than any conditions or limitations imposed by or resulting from the processes described above. The Undersigned agree(s) that these processes will be continued solely at their risk and expense and that the result of the final Sensitive Area Ordinance may be to require extensive project modification and re- evaluation or recision of the above approvals. It is also understood and agreed that continuation of these processes does not mean that applications not pending on November 20, 1989, for this project, will be accepted or proceeded unless the City Council approves a petition therefor. The undersigned acknowledges that the covenants herein run with the land described in Exhibit A and that this document will be recorded with the King County Department of Records and Elections and that these covenants cannot be released without the written consent of the City of Tukwila. 9/ Landowner ' Applicant STATE OF WASHINGTON ) •• ) ss. COUNTY OF KING ) _ <-:• On this day personally appeared before me sro,,'.er Yjrcc --vo , to me known to be the individual described in and who executed this instrument, and acknowledged that a /he signed the same as a free and voluntary act for•the uses and purposes herein mentioned. Dated V- 29 , 19 N. ary Pub is in and for the ate of Washington, residing at /<4,1,44r -✓.o . Hy appointment expires ?-pa . REcE DEC 3 1 VE Op 1 ( DESCRIPTION: v Parcel #1 'ax Lot 242304- 9034 -02 4.70 Ac tip` :4 r , DEOINNINO ON THE EAST LINE OF THE CHICAGO MILWAUKEE AND ST. PAUL RAILWAY RIGHT -OP -WAY 137 FEET SOUTH OP THE NORTH LINE OP SAID HENRY MEADER D.C. NO 48; THENCE EASTERLY PARALLEL TO SAID NORTH LINE OP THE D.C. 285.64 FEET. MORE OR LESS, TO THE WEST LINE OF THE NORTHERN PACIFIC RAILWAY RIGHT -OF -WAY; THENCE NORTHERLY AND NORTHWESTERLY CURVING TO TEE LEFT ALONG SAID WEST LIMB OF THE Rion-OP -WAY 816 FEET. MORE OR LESS, TO THE SOUTHERLY LINE OF TEE RENTON JUNCTION COUNTY ROAD NO. 1130 (SOUTH 163RD STREET); THENCE SOUTH 60 NEST ALONG SAID SOUTHERLY LINE OF COUNTY ROAD 80.7 FEET. MORE OR LESS, TO THE EASTERLY LINE OF SAID CHICAGO MILWAUKEE AND ST. PAUL RAILWAY, RIGHT -OP -WAY; THENCE SOUTHERLY ALONG SAID LING OF RIGHT -OP -WAY 881 PEET, MORE OR LESS, TO THE BEGINNING; TOGETHER WITH THAT PORTION OP VACATED SOUTH 153RD STREET ADJOINING. WHICH UPON VACATION ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; THAT PORTION OP GOVERNMENT LOT 8 IN SECTION 24, TOWNSHIP 23 NORTH. RANGE 4 EAST M.M., AND THE HENRY MEADER D. C. NO. 48 IN SAID SECTION 24, DESCRIBED AS FOLLOWS: EXCEPT PORTION THEREOF CONVEYED TO THE STATE OP WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, JCT. SSR 2 -M TO JCT. PSN NO. 2 IN RENTON, BY DEED RECORDED UNDER RECORDING NO. 5507460; C:3 SITUATE IN THE CITY OF TUKWILA, COUNTY OP WINO, STATE OF WASHINGTON. Cr, Parcel #2 d Tax Lot 000580 - 0013 -03 9.60 Ac O'. DESCRIPTION: THAT PORTION OP HENRY HEADER DONATION CLAIM NO. 46 IN SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.N., LYING WEST OP 7HE BURLINGTON- NORTHERN RAILROAD RIGHT -OP -WAY, EAST OP THB OREGON - WASHINGTON RAILROAD AND NAVIGATION COMPANY RIGHT -OF -WAY AND SOUTH OP A LINE 137 PEET SOUTH OP THE NORTH LIRE OP SAID DONATION CLAIM AND NORTH OP TH8 CITY OP SEATTLE BOW LAKE PIPELINE RIGHT -OP -WAY; SITUATE IN THE CITY OP TUKWILA, COUNTY OF KING, STATE OP WASHINGTON. R CEIV DEC 3 1 20' OMMUN% V D VELOPM NT Parcel 43 Tax Lot 000580- 0021 -03 Parcel *4 Tax Lot 252304- 9006 -05 DESCRIPTION: 2.45 Ac 6.70 Ac ALL THAT PORTION OP oOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER • DONATION CLAIM N0. 48 IN THE NORTH 1/2 OP THE NORTHWEST 1/4 AND THAT PORTION 'OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 1 EAST W.M., BOUNDED AS FOLLOWS: ON THE WEST THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED. AS CONVEYED BY DEED RECORDED UNDER RECORDING NOS. 453941 AND 453043; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH DV A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BON LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDINO N0. 4131087; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO. MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY•A DISTANCE OF 120 FEET AL0N0 SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANOLES TO SAID SOUTH LINE A DISTANCE OP 80 FEET: THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CIIICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIOHT -DF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY To THE POINT OF BEGINNING; EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME, AS CONVEYED BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 8404050908 AND 8404050009; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OP WASHINGTON. R CEI ED IflFC 1 ?O1 OMMUNITY D VELOF ENT • z I z . 00 07 C 00 LIU J = E CO L, W o u 0 a = W. E- _ z 1.. H O Z I— LL! W U� D. c) 1- W W u- Z W U =' 0 I- Z 9203161730 LEGAL DESCRIPTIONS BEFORE THE ADJUSTMENT: -SKIA, t- uiMC4.NT C f AFTER THE ADJUSTMENT; N- CD SCEtt- NAN N -c.vi ftmt NZ M O BOUN RY LINE ADJUSTMENT/LOT C - 'SOLIDATION ` • QTY OF TUICWILA, WASHING-. ON Filed for record at the request Oi 0 Examined end approwd Assems oocso - coat ZSz304 -100G 6 YL W W zS -Z3 - APPROVAL Department of Community Development: A.r'.. ed and approved this day of c 391.. ector, - Dept: of Community Development Dept. of Public Works: Examined and a roved this 24` day of �br ,19 rector, Dept. of Public Works Return to: Dept. of Community Development Planning Division City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 Page ! of._ RECEIVED DEC DEVELOPMENT • .1 • • ATTACHMENT 1 0 EA TSIDE CONSULTANTS INC. LEGAL DESCRIPTION FOR TAX, LOT NO. 000580- 0021 -03: SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. ENGINEERS - SURVEYORS ALL THAT PORTION OF HENRY HEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.H., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED: . ON THE SOUTH BY THE SOUTH LINE OF HENRY HEADER DONATION CLAIM N0. 46 ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: CD BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO. MILWAUKEE, ST. PAUL i PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM: THENCE NORTHEASTERLY MEASURED AT RIGHT ANGELS TO SAID SOUTH LINE A DISTANCE OF 80 FEET: THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT-OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING; 415 RAINIER BOULEVARD N. ISSAQUAH, WASHINGTON O802T PHONE: (206)302,53S1 FAX: (206)2924676 Pay,a 7 RECEIVED DEC 3 1 2001 COMMUNITY DEVELOPMENT • C0 Cr) N ATTACHMENT 2 ( ` 0 EASTSIDE CONSULTANTS, INC. ENGINEERS. SURVEYORS LEGAL DESCRIPTION FOR TAX LOT NO.252304- 9006 -05: ALL THAT PORTION OF GOVERNMENT LOT 11 AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST N.M., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD HAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED: ON THE SOUTH BY A LINE DRAWN PARALLEL, WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 111 ON THE NORTH BY THE SOUTH LINE OF HENRY MEADER DONATION CLAIM NO. 46 SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. 415 RAINIER BOULEVARD N. ISSAOUAH, WASHINGTON 98027 PHONE: (206)2923751 FAX: (206)792.4676 `Paaj 3of 7 RECEIVED p � j001 COMMUNITY DEVELOP MENT • z z �. ,mo re 2 U: 00 co O W X J U) LL LLf 0 LL Q. V) Da 2 a I— ui Z = I-- 0 Z F- UI O to O 1— 111 U ' LL O z W — I 0 z CD NEW LEGAL DESCRIPTION: C 0 EASTSIDE CONSULTANTS INC. ATTACHMENT 3 ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.H., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY HAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE GF SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF. DESCRIBED AS FOLLOWS: Cy3 BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST a MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL 6 PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM: THENCE NORTHEASTERLY MEASURED AT RIGHT ANGELS TO SAID SOUTH LINE A DISTANCE OF BO FEET: THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE. ST. PAUL E. PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Subject to: the reservation of a 60 foot right -of -way for the extension of Strander Boulevard described as 30 feet either side of a centerline 180 feet south of the south line of the Henry Meader Donation Claim No. 46, with a bearing of North 87 13' 32" west, east of the Union Pacific Railroad, and west of the Burlington Northern Railroad in Government lot 11, northwestk of Section 25, T.23N., R4E., W.M., as shown on attachment 4. 41S RAINIER OOVLEYARD N. ISSAOUAH, WASHINGTON 98027 PHONE: (206)392•S7S1 FAX: (206)392.4676 14(1.. '0f1 RECEIVED - DEC 3 1 2001 COMMUNITY DEVELOPMENT v 1 t. MILWAUKEE AND ST. PAUL IAIN TRACKS AS LOCATED 11.8'= _ _ = I z z 4'10" CO m� 68 7.00' I w ° "' 87'52'32" E .06' I Iwo 1I../ �' 87.54' 40:.06 4' METRO SEWER �O = I EASEMENT. A.F./f63 96: % d N 0 2'46'28" E I ro n 80.00' m I -Zirio n - ,IW ICI i f s : .', I )2'07'28' W 27' 52'32' E 9' 9" E \UNION PACIFIC: RAILROAD ACCESS & UTILITY ESMT. L .INGTON NORTHERN 20AD CO.'S OLD MAIN LINE tRLINE WESTERLY TRACKS • OCATED 1 -31 -90 f ,09 I I • u u.. ry tn. yvn..I I t tit JOU 9203161730 N50. LN. HENRY A. MEADER DONATION CLAIM NO.46 N 03'37'43" O - 00'54'12" 192.23' R a' 6837.00' T 53.90' L = 107.80' 89'21 PER SED B51 PG. 50 (HEW) - r v 15 ( 1 Iz GA ICA m p 11, to3 co • .4 j .-43'• 89'0 8'45'(M) 89l0'45'(SED 85' FND. CONC. MON. P DWN. 2' SET KW SED 851 PG.50 tAfit4 36LICTacitt1 C)I- WW I 0 W Z W O Z mO <O PE 0 O E `'.' enZ N z-< o m oFti•f , AI • •' • I■• • *AL M... • 11 CTA • M Nr.I STATE OF WASHINGTON County of King OFFICIAL NOTARY SEAL DONALD L MILES Notary Pubic STATE OF WASHINfi1ON I.Or Coirwrauan ewes AU0 4.1004 AFFIDAVIT OF OWNERS4 - .' DECLARATION: Know all men by these presents that we, the undersigned, owner(s) in fee simple and /or contract purchaser(s) of the land herein described do hereby make an application for a boundary line ad- justment /lot consolidation thereof. The undersigned further declare that the attached map is the graphic representation of said boundary' line adjustment /lot consolidation and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we our • . and seals. /. an STATE OF WASHINGTON M County of King O rn On this day personally appeared before me -`st 0Att_. Mc'•-.. r.-0,-) to me known to be the individual described in and who executed the within and foregoing in- strument, and acknowledge that Q. signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. C GIVEN under maw • :. seal this(, 5 day of ,19 ' I Notary Public i a t r . t}teof Washington, I . . ,m, residing at - dr.X4 /��/� ; (/�// On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing in- strument, and acknowledge that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of ,19____ Notary Public in and for the State of Washington, residing at Page of 7 RECEIVED DEC 3 12001 COMMUNITY DEVELOPMENT • 9203161730 I E R a R E I fOUM 1/. CDs. Um 11 r Cat. PC1 CO MO. 1R41 /D. OW Cr .w.. MC .0• n. RC CIT71110a1 K04041 tat MCArt 5G -. ` WETLAND �s f144 11. I0I0I 14-_- 0170 .. - -. II I.1.�_.�•- .1� -•1 �LS 43 n444 0 YI -- .vs. N •nw1 I MM. - TUC MC 334 •10131310., 1 30 KCOYD7s DIC1 Cr f0/rJMI DAM M 1. OCT,. OCTWC (A ..Co. 1•Y I 'CI DD. 40 1.11 K Lon. e 01 JOU GRAPHIC SCALE 011713 t 1D• Olt. 13/ &MIT KC 55.1 /7at00 10 • 0013 r A I C 1 41. CG1T06.( .5 W.Q .1 OAC0. YsI9 sl. ..SA 1.511.57 NAM wen 4.1 IOCAIL3 namin I \ 1 �,}u Ua IC r 5. 1i10O1 urr AM I n-r m 155 I """ CV.. "QM un.rt CD.,. 11. nom= 1 r •acs T -_._- r -5 DC31 LL- _ r -- � - . - - - - -- 55 I • --�'�; -- r LLv �. � �4417 wicq ` mnl> $ canw.Dm I r 1• Co racer 1 _ 8 v , - .cares 1 � L cue n • Y711O UK* CAHMOtt. 4( 1•71KK0 W Y• CotIC• 0371 C1••N.CIDI 401I1{371 •.&POAO COY OA I61■ LK IP1104/K 14.72455 11.01 AS ,DC.5ID I -11 -14 ( r.: ( • 4.4 IMoss 5011.w.Z 1055 Lin ClI1H ISW Sr'C17 .......AI. I YT -... I7 M r 1.V+ -. +.e11w I. ..•••••••••• ••A N 4414••■14.1 mrts 110. 00108 .1 W ,155.[1 C.V...7. 5555. C•LS11YT i - - - - -- - - 1 NEW LOT AREA 9.34 ACRES g - ' •I T r 1 4 K 110.111 O NS 11 Si 55 C 1 ' Sr 03r/DOCCO Z'' -r m I• o-1 m IT COfiD140:0 mnot•Oa0 i 1n� E?:ISTR:O • /t 4 EXI:TN I TAX .OT • TAX LCT HO. 11 i= •0. G Ccsrf.510711[ =•!2 ACRES 4 Erg xt9..G0 m<IIOgrID I-S• TDr .ICCO Is RD ✓ 0 9 .H? iLENET ...t:'I.C ::'f LAN AWL ILL (J. 5017 Or RCC° MY PLOT 115.577➢ 0. Ms 1N••. 44Yp11 .(tD•0133 v001 U, o■TS 3.17011 NCI HUNS IK III ,J7uMAKI w0•0.0 07MTU'S LOWS .M IUD 444n1T V SAO %OWL • Ii 1 4 1111 4' j i[C1. IS ,17111 3512 on 0 / 1 SKI I . IY1: I. .Y Kum am 110071 3�1R' 10001v 1111 Mai 1.11:70.34 nc 111' WSW, . /SLIM CAPS 111110 RC P/1ffOn o. oT S. KITZ R. KITZ 1 LOT CONSOLIDATION W THE NW 1/4. SEC 2543 -4 OAR '�C R i• IQ 1 92 90010 1 0 1 Ty(. 1.17 1• TO Pm r w rn m�° rn ) THIS AGREEMENT is made and entered into on '/ /907, between `i. WITNESSETH 9205130556 WHEREAS, Owner owns certain real property which is legally •F described in Exhibit A, and hereinafter referred to as "the Property" thu City referred to as "City "), and McLeod Development Company (hereinafter of Tukwila, a Washington municipal corporation (hereinafter referred to as "Owner "). DEVELOPER'S AGREEMENT ti and is located generally between Burlington Northern Railroad and • 0 Union Pacific Railroad tracks perpendicular to an extension of • U7 CD Strander Boulevard; and CD S WHEREAS, Owner made application for a Tukwila Comprehensive Land Use Policy Plan Map change and rezone of the Property; and WHEREAS, the resulting change in potential use of the Property will create associated impacts and will allow for the construction of certain new uses; and WHEREAS, future development of the Property will require additional public storm drainage systems to accommodate development drainage and correct deficiencies in the existing drainage system serving this basin; the basis of which is in the comprehensive -1- REC IV ED DEC 3 1 2001 COM UNIT DEVEL ► PMENT 1 Ala • 'X • RE EIVED DE 3 1 2001 Co MUN1TY DEV LOPMENT basin within which the Owner's property is situated. The Owner's property will be specially benefited by improvements to such storm drainage facilities. Owner agrees not to protest the formation of any local improvement district according to the Nelsen Place /Longacres Preliminary Design Report as modified by the Hydraulic Analysis update as specified in Section 1.2 of this t i � 7 Agreement. Owner agrees that the construction of these storm �c drainage facilities benefits the Property, but retains the right to 1 1 contest the method of calculating assessments in such LID and the ` amount thereof to be levied against the Property. . '` 1.2 Preparation of Hydraulic Analysis of Nelsen P1ac 1 g Longacres Drain Basin Study . h o The Owner agrees to carry out a' hydraulic analysis, at his sole expense, by a qualified professional engineer based on the 6/88 ul Nelsen /Longacres Way Storm Drainage System Preliminary Design Report, CO and to conduct the analysis using the January, 1990 King County lf') CD Design Manual Standards. Owner further agrees to submit the analysis to the City Public Works Department for review and approval. This analysis shall identify the following: 1. Existing open space /parks land use runoff. 2. Rezone use with proposed impervious runoff surface. 3. Increase in runoff due to rezone change for open space to impervious surface. 4. Storage (in cubic feet) necessary to result in a no "runoff" increase condition. -.3- r RE..: EIVED 05C 3 1 2001 C f MMUNITY 0EV LOPMEN "I • • z I - w a U . 00 N 0 fA W J = I-- NLL W u_ = W H z i = - 4— O W u n 0 O - . 0 1- W — Cu I U u" O .. z W U= 0 z .5. Volume of storage displaced by fill to provide floor elevation within the 16 foot /100 year flood elevation shown on the September, 1989 FEMA maps. 1.3 Drainage Easements . J This property will need to drain to the 24" and future P -1 r z . X interceptor. The storm• drainage easements connecting from South ,u ` 0 158th Street to the 24" and future P -1 will need to be identified. W ,r. z The development shall provide an easement dedication or means to ° guarantee easements for the Longacres /Nelsen Place drainage conveyance from South 158th Street to the 24" pipe and to a future ° P -1 interceptor located at the northeast property corner that can pass beneath the Burlington Northern Railroad tracks. If pipes are ?,. chosen, then a professional engineer's calculation of the pipe sizes, 0 • Ul grades and hydraulic grade line will be needed for approval by Public O Works. M U1 CD 1.4 No- Protest Agreement to the Formation of Future Os Sewer and Water LID Owner acknowledges that potential development due to Owner's Comprehensive Plan Map Amendment and Rezone will have an impact on the water and sewer facilities in the area of the Property. Owner acknowledges further that this Property will be benefited by extensions and upgrades to these water and sewer facilities to the extent these improvements provide new service to the Property. Owner agrees not to protest the formation of a local improvement -4- REi. EIVED DE 3 1 2001 CO 'MUNIYY DEV LOPMENT z Iz re 2 w J U 00 CO UJ -i i-- W O u _ Nd = W I- ill O Z I-- W U ❑ O N ❑ I- w w • tL 0 .. z U= O ~ Z dist for City sewer and water service areas which are lying east of the Green River to the easterly City Limits bounded on the north by the Green River and bounded on the south by the most southerly portion of the Renton Utility Service Area, as shown on Exhibits B and C. Sewer and water utility systems shall meet the most current ; City Utility Standards at the time of formation of the LID. pm px pu BO O Owner agrees that installation of these new sewer and water facilities, which provide new service, benefits the Property, but U . ° retains the right to contest the method of calculating assessments in a such LIDs and the amounts thereof to be levied against the Property. 1.5 Sewer ►- 5 � The Owner agrees to obtain an agreement from METRO authorizing the o to w • CD discharge into their interceptor line. Owner agrees to meet any Cl conditions imposed by METRO to discharge into the interceptor if tt) CD METRO provides discharge approval. If METRO approval cannot be N obtained, Owner agrees to enter into the No- Protest Agreement for a future sewer LID as outlined in Section 1.4 of this Agreement. 1.6 Transportation Impacts The rezone creates the probability of SIGNIFICANT increases in vehicle and pedestrian traffic. Mitigations and conditions will be determined for the rezone for any development proposal when submitted through additional environmental review and owner agrees to abide by same. -5- REC DEC 3 Co! DevEL • veD 200 pME,N z I I W a` 2 JO O 0 co o J N LL W d . = W Z }— O Z l LLI 0 O N O I_ W W W Z L11 U 0 ~ z 3 1.7 Provide Access to Subiect Properties Via Access Easement from the Eastern Terminus of Strander Boulevard to Western Property Edge The Owner shall provide a continuation of Strander Boulevard as a C private road from the eastern terminus of Strander Boulevard to the � . western edge of the property as described in Exhibit ( . A. The road will have a 60 foot easement over the Puget Sound Power 0 i and Light Property and a 40 foot easement over the Union Pacific Railroad right -of -way. The private street, sidewalk, necessary Y• utilities, railroad crossing and miscellaneous improvements at Q Strander Boulevard and West Valley Highway will be at Owner's sole c expense. The Owner will design the private road, sidewalk and utilities extensions to applicable City standards. The Owner will lA provide access /utility easements to the subject property at the CD time of application for B.A.R. The above executed Agreements will be V1 submitted to City prior to issuance of a building permit. The ` N access /utilities easements or permits shall run for the life of any project resulting from this rezone for access and utility crossings of railroad and powerline right -of -ways. 1.8 No- Protest Agreement to the Formation of a Future Roadway Expansion of Strander Boulevard The Owner acknowledges the intent of the City to create a through street by extending Strander Boulevard to the western boundary of the City of Renton. The Owner agrees not to protest the formation of a local improvement district (LID) for the purpose of the extension of the Strander Boulevard right -of -way and to dedicate -6- RECE DEC 3 c010), • VED Zoa1 N1TY !VIEW z w W U 00 N 0 cn W J H W u U 3 � W Z = F-- F- 0 W W :0 0 W W � O .. z W co 0 z 0 0 -8- . 2. RESPONEIETLITIES OF CITY 2.1 Benefited Area and Assessments - Facilities The water line extensions and the storm drain lines and regional detention /biofiltration system to be constructed by Owner, will directly benefit certain property not owned by the Owner and which cannot be legally described until the extent of the improvements has been determined. Pursuant to Chapter 35.91 RCW, or other applicable law the Owner agrees to develop a Latecomers Agreement, to be approved by the City, to reimburse Owner for its costs on a pro rata basis by assessing any owner of real estate located in the benefited area who does not contribute to the original cost of the facilities to be constructed by the Owner under this Agreement and who subsequently taps into and /or discharges to said facilities. The 0 ,,,. Agreement is to be completed by the Owner.and approved by the City at N in the time the facilities are turned over to the City for City review CD and approval. The pro rata share for any one parcel of real estate c1 contained within the benefited area shall be computed by the Owner CD subject to approval by the City Engineer. The 0, j pp y y g pro rata share for each parcel shall be shown on exhibits to be attached to the Latecomer's Agreement. The City agrees to pay Owner all sums collected, if any, pursuant to the Latecomer's Agreement within sixty (60) days after receipt thereof, less reasonable costs of administering the Agreement, until the total of said payments equal the cost of constructing the facility, less Owner's pro rata share, or when fifteen (15) years from the date of the Agreement has elapsed, whichever occurs first. • RE D. EIVED . rrr ^ 1 ?RP1 CO 1111UNITY DEVE OPMENT -9- 2.2 Surface Water Management System City will proceed with the design, engineering and construction of a 7 surface water management system generally described as the updated "KCM Study" per Section 1.2. m. 2.3 Strander Boulevard Extension .E � Prior to the formation of any LID for the purposes of extending '° Strander Boulevard the City shall give at least 90 days written . W notice to the Owner of its intended action. Such notice shall include the route and detail as agreed to by City and Union Pacific s ' Railroad for the purposes of crossing the railroad. The City shall ° ensure that access to the Property is provided by some means from the x West Valley Highway. The City shall recognize that the property will 0 `O have business which must have means for egress and ingress for fire w ° Ul CD and police protection as well as commerce and shall provide for this CD ▪ access in its construction contracts. The Owner shall be given a CV notice at least 60 days prior to any alteration of the Owner's private road. The City acknowledges that only the City has the right to pursue a public crossing of the Union Pacific Railroad and the City shall be solely responsible for the filing of such applications. 3. NON - WAIVER - EXTENSIONS Failure of either party to insist on the strict performance of the terms of this Agreement shall not be construed as a waiver or relinquishment of that party's right thereafter to strictly enforce any such term, but the same shall continue in full force and effect. dab REC WED DEC 1 2001 COM UNITY DEVEL PMENT a w re 2 6 � O 0 CD EU J = F— N LL W Q � LL Q = d 1— W Z = H t-- O Z ui U � • N • 1— 11.1 W O LLI Z U = O ~ Z 4. BINDING EFFECT This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. This Agreement runs with the land. Each party warrants that it has authority to enter this Agreement. .z •r 5. RECORDING o This Agreement shall be recorded with the Ring County r Department of Records and Elections, and the cost of said recording LL shall be paid by the Owner. r 7 ° Q.) 6. ATTORNEY FEES ta = lt) o O CD In the event that either party shall commence litigation F p against the other in order to enforce any term or condition of this o CD M CV Agreement, the prevailing party in such litigation shall be entitled to recover its costs, including reasonable attorney fees. 7. EFFECTIVE DATE The responsibilities of the Owner under this Agreement are contingent upon the issuance of the requested approvals for the project. No obligation will arise until the issuance of such approvals. If Owner elects to proceed with any of the improvements set forth herein before the issuance of such approvals and, after installation of the improvements elects to abandon its development, Owner, its successors and assigns are entitled to the benefits set forth in this Agreement related to Latecomer's Agreements provided such improvements are approved and accepted by the City. -10- • RE EIVED DEC ° 1 7001 CO. MtNITY DEVE. OPMENT A • CITY OF TUKWILA , I- 0 7 0i ATTEST /AUTHENTICATED: W Jan E. Cantu, City Clerk APPROVED AS TO FORM OW/ F-mw .0 OFFICE OF THE CITY ATTORNEY: o ` CV STATE OF WASHINGTON • OWNER � ' Stuart McLeod, . esident McLeod Development Co. before me persons that I know or W. RANTS and JANE CANTU, who on oath stated that they are and acknowledged it as the Mayor la, to be the free and voluntary and purposes mentioned in this RE ; EIVED DE I- 3 1 2001 CO . MUNITY DEV : LONMEN + • CiewN 11 'Me � � ' 4 Fw�sa" OF aAS1 u, /o*. ) d COUNTY OF A STATE PF /McLeod Notary Public in and for the State of Washin B on n, , residing at My Commission Expires D' I certify that there appeared before me a perso that I know or have satisfactory evidence was who signed this DEVELOPER'S AGREEMENT, on oath stated he is authorized to execute the instrument and acknowledged it as the Res/4,/ of /,jm ,A , to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED 4o,', / ' " ,19 9Z i Notar4/4ublic in and for the State of Washington, residing at My Commission Expires k - 2 c _y RECEIV DEC 31 COMMUN DEVELOP z w re 2 J 00 co o W = J 1 LL W LL co = ci Z = LLI W 0 0 1- W W 2 F- H W Z W 0 0 z ammo • W I 0 1 0 10 0 W S u . O F. t 0' w x 0 W C 0 I "I • DESCRIPTION: ;pn,rpnn SHO a1a 22! - -- 51)31 MEt• Al 9FtG Ctrs: an; jyr rE:En CG,c,;:;0 RECEI ED DEC 3 1 1 00ITY 1 OOMM DEVELOP ENT • • --0:-Ifi-m-e-tur-ronVITIe Int I 19 C (A:f c • I! N TON • ga, hal lip r a A 05130 . vuusIn inn,, iiizj HUIILL IT IS DUE TO THE QUALITY OF THE DOCUMENT. • _ : NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR 11-IAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. 0 •. 2...r • ' • - • ni< rni Fr r m • ••A 111. c • z crf, rri E.3. in zmt -4 nc c+ :I u- 05130 — a te .. rM - ( surT127rn .` 1+0 tug NTON �ur•r: -nn• O IT IS DUE TO THE QUALITY OF , THE V DOCUMENT�nn i iinn 1111.3 f1U1Il.G •+�LiY:'�ili'� NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. 0 m o _ rn rn rn m :j f v...,u. '"'n rnw lUISUL IT IS DUE TO THE QUALITY OF THE DOCUMENT. 9205150 NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. 0 • 9305182054 DEVELOPMENT SEATTLE WATER DEPT 710.2nd AVE. 10th FLR. SEATTLE, WA _ 061 RECEIVED DEC 312001 COMMUNITY DEVELOPMENT PERMIT AGREEMENT R93 -od4 THIS AGREEMENT is entered into by and between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, hereinafter called "City", McLEOD DEVELOPMENT COMPANY, a Washington corporation, and STUART McLEOD, collectively hereinafter called "Permittee ", for and in consideration of the mutual benefits and terms and conditions hereinbelow set forth, to provide for the use by the Permittee of certain real property owned by the City. WHEREAS, the City owns the Cedar River Pipeline No. 4 (formerly Bow Lake Pipe Line) Right -of -Way (CRPL 14 R /W) which abuts Permittee's property; and WHEREAS, Permittee ground leases and may acquire Parcel 1 and owns Parcel 2, and is developing Parcels 1 and 2 of the following described real property: PARCEL 1: THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING WEST OF THE BURLINGTON - NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE OREGON - WASHINGTON RAILROAD AND NAVIGATION COMPANY RIGHT -OF -WAY AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON PARCEL 2: ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY HEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST H.M., HOUNDED AS FOLLOWS: ON THE WEST THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 -FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET; I x ie TAX NOT REQUIRED Co. lM1q;i GM•on 3y 5 - '{t °��:� DIM OVEVPHI E ft oti SEC 31 C � DE� LOPMENT D ° LOpM °4 TH WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL 4 PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING; EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME, AS CONVEYED BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 8404050908 AND 8404050909: SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON to provide for the construction of commercial structures together with attendant parking areas (the "Project "). WHEREAS, Permittee desires to provide pedestrian crossings and landscaping over the City's pipeline right -of -way in a manner consistent with the development concept of the Project; and WHEREAS, the use by Permittee of said right -of -way will not interfere unreasonably with the use by the City of said right of way for water pipeline of other purposes; and WHEREAS, responsibility for the care and maintenance of the surface of said pipeline right -of -way shall be the prime consideration and compensation for said uses; NOW, THEREFORE, it is mutually agreed by City and Permittee as follows: 1. City hereby grants to Permittee permission and authority to use for a period of forty (40) years the following described portion of the City's Cedar River Pipeline No. 4 Right - of -Way in the City of Tukwila, County of King, State of Washington: A PORTION OF THE 30 FOOT WIDE CRPL #4 R/W (FORMERLY BOW LAKE PIPE LINE) DESCRIBED AS; LYING EAST OF THE UNION PACIFIC RAILROAD AND WEST OF THE BURLINGTON NORTHERN RAILROAD IN THE NORTHWEST 1/4, SECTION 2, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., EXCEPT THE EAST 30 FEET OF THE WEST 40 FEET AND THE WEST 90 FEET OF THE EAST 115 FEET. upon the terms and conditions set forth herein. The effective date of this Permit shall be SuNE / /9 3 , and this Permit shall be for a forty (40) year term ending /9Aq 31 2033 . Provided Permittee has performed in accordance with the terms and conditions of this Permit, and the parties find the terms and conditions to continue to be mutually agreeable, this Permit shall be extended for an additional thirty (30) year term at expiration of the initial forty (40) year term. If Permittee desires to extend this Permit, Permittee shall give notice to City at least one year prior to expiration of the initial forty (40) year term. 2. The rent for the use of the above - described area shall be at an annual rate of Four Hundred Five Dollars ($405), to which shall be added the State Leasehold Excise Tax (currently 12.84 %) in the amount of $52.00, making a total payment of $457.00, payable on or before TiN E / of each year. On each five (5) year anniversary of TuNE , 1993; the annual rent shall be increased twenty -five percent (25 %) of the base annual rate (exclusive of State Leasehold Excise Tax), and such increased amount (together with applicable State Leasehold Excise Tax) shall be payable for the next five years on or before 3'unt. / of each year. -2- GEC' ��til" 1. It is understgqpNeauegreed that the permit area will be used by Permittee to`'ffovide for pedestrian crossings to and from the property abutting both sides of the permit area, and to provide for landscaping, pursuant to plans, approved by the City of Tukwila, to be reviewed and approved by the Superintendent of Water. It is further agreed that no other changes in the use of the permit area, and no structures of any kind or any additional landscaping shall be placed or permitted to remain within the permit area by Permittee, except by prior written permission from the City's Superintendent of Water. Permittee agrees to maintain the permit area in a neat, clean and safe condition at all times. No heavy loads or equipment shall be permitted within the permit area without the prior written permission of the Superintendent of Water. Permittee shall request such permission at least thirty (30) days prior to the scheduled date for bringing heavy loads or equipment into the permit area. In addition, three (3) days' notice shall be given to City Water Department's Operations Division prior to bringing such heavy Loads or equipment onto the permit area. 4. The City reserves to itself the right to grant other permits within the permit area for any other purposes; provided however that any such grant shall not materially interfere with the landscaping and pedestrian crossings. 5. Permittee agrees that no change in the existing grade of the permit area shall be made, and that no buildings, structures, pipes, cables, conduits, light standards, fences, walls, plants, signs or other facilities or improvements shall be erected, installed or permitted to remain within the permit area except with the prior approval in writing from the superintendent of Water. 6. The City shall at all times have free access to the permit area by vehicles, equipment and personnel for the operation, maintenance, repair and replacement of its pipeline facilities or for any other purposes, including the construction of additional facilities, and if any parts of the permit area shall be not conveniently accessible to the City from the intersecting public roads because of Permittee's use or other permitted improvements within the permit area, Permitter hereby expressly grants to the City permission to cross Permittee's adjacent property, along routes reasonably set to provide the least possible interference with said uses by Permittee, in order to reach such parts of the permit area. Permittee shall not be entitled to payment for damages for any loss of use of the permit area during such maintenance, repair, alteration, reconstruction or construction of additional facilities, except to the extent arising from City's negligence, willful misconduct, or breach of the provisions of this Agreement. 7. Permittee shall indemnify, save harmless, and release the City and its officers, employees, and agents from all claims, actions, liability, losses, and damages of any nature arising out of the use of the permit area by the Permittee, its employees, agents, subcontractors, or invitees (other than the City, its officers, employees, or agents) except to the extent arising from City's negligence, willful misconduct or breach of the provisions of this Agreement. Any costs to the City or liability to third parties incurred by the City in connection with any remedial action undertaken by the City or the Permittee pursuant to . Sections 17 or 11 of this Agreement shall be paid by the Permittee, provided, however, Permittee shall not be responsible to pay such costs or liability to the extent, if any, that the City, its employees or agents negligently or intentionally created the conditions which the remedial action was aimed to address. Permittee shall pay any request for payment pursuant to this provision promptly upon receiving a bill from the City and reasonable evidence of costs incurred. If not paid within thirty (30) days, ouch amount shall bear interest at the prejudgment rate of interest in affect as of the date of billing, from the date of said billing until paid. • i � Z z ~ W w UQ co W • L1. W O UQ W Z F- O Z h- 11J ui � Q U O � O F- W W • LL. W U = O ~ Z RECEI DEC 1 7.001 COMMUNIT DEVELOPMEN 8. If•a claim (filed or unfiled) or legal action, arising out of the use of the permit area by the Permittee, its employees, agents, subcontractors or invitees (other than the City, its officers, employee, agents or contractors), is asaerted or brought against the City, its officers, or employees, which claim is subject to the indemnification set forth in paragraph 7 hereof, Permittee ahall pay any and all reasonable legal expenses that the City of Seattle shall incur in connection with such claim or action. The right to choose which attorneys shall represent the City in any such claim or legal action shall be at the sole discretion of the City; provided however, that City shall first tender defense of such claim to Permittee and if Permittee accepts such tender, Permittee may select attorneys for the defense of such claim. Permittee shall pay all reasonable legal expenses that the City may incur in prosecution of any claim or legal action to enforce any and all provisions of this Permit arising out of breach of this Agreement by Permittee or subject to the indemnification eat forth in Earwax 7, including this provision, if the City "substantially prevails" in such claim or action. Whether the City "substantially prevails" shall be determined basad on the standards established by the federal courts under 15 U.S.C. g 26. Such determination shall be deemed to arise under the jurisdiction of the Ninth Circuit Court of Appeals. The term "legal expenses" as used in this provision shall include, but not be limited to, reasonable attorneys fees, and reasonable and necessary paralegal and legal support staff expenses, costs of arbitration, mediation, expert witnesses, exhibits, investigations, and reimbursement for reasonable and necessary time, expense, and overhead of all City personnel or consultants assisting in the defense or prosecution of legal action or in responding to or investigating a claim or demand. It is agreed that if any part of this provision is held to be unenforceable or invalid by a court of law, that all other parts shall be unaffected and valid and enforceable as written. 9. Permittee agrees at all times to maintain for the protection of the city a liability insurance policy, such policy and the insurer to be subject to approval by the City, naming the City as an additional insured, with minimum limits of $1,000,000 combined single limit for property damage and personal injury and $1,000,000 annual aggregate, insuring against loss or damage arising out of or resulting from the use and occupancy of the permit area by Permittee, or from any defect or condition upon such permit area or in maintenance of the permit area, and to furnish the City's Superintendent of Water with certificates evidencing that such policies are in effect, and that the coverage afforded the City of Seattle under ouch policy shall not be reduced, terminated or cancelled until ten (10) days after receipt of notice thereof by the Superintendent of Water. Should such insurance policy not be maintained in effect or be cancelled, the Superintendent of Water may revoke this permit immediately. 10. city may, from time to time, upon written notice to Permittee, increase or otherwise alter the insurance coverages required under paragraph 9 as reasonably required in order to maintain substantially equivalent levels of protection for the activities contemplated under this permit. 11. Permittee has inspected and examined the physical condition of the permit area including improvements thereon, and accepts the permit area in its present condition, and any expense incurred in mutually agreed upon alterations, improvements or repairs by Permittee, in said permitted area shall be borne by Permittee. Permittee covenants that no representations, statements or warranties, expresa or implied, have been made by or on behalf of City with respect to the condition of the permit area or the use or occupancy that nay be made thereof, and that the City shall in no event be or become liable to Permittee for latent or patent defects in the permit area. • Z Z W o 00 in 0 • tu J N U WO u = W Z F- Z 0 W W U � O — O H W W ! IL O i l Z t U= 0 z Qum 0) 12. Permittee shall be liable for, and pay throughout the term of this permit, all taxes on the property of the Permittee inatalled, operated and maintained on City's property, any taxes on any property interest deemed by tho King County Assessor, or other official of the State of Washington, Xing county, or other taxing entity responsible therefor, created by this permit and shall otherwise fulfill all fiscal obligations required by law. 13. This permit is transferrable only upon prior written approval of City's Superintendent of Water, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, Permittee may encumber Permittee's interest in this Permit under one or more mortgages, deeds of trust and /or security agreements ( "Mortgagee ") in favor of one or more mortgagees ( "Mortgagees "); providesk that City's interest in this Permit shall not be subordinated or subject to any Mortgagee. If Grantee provides the name and address of any Mortgagees to City, City shall provide a copy of any notice required or permitted to be given hereunder to such Mortgagees and any such notice shall not be effective until copies are provided to the Mortgagees. From and after such notice has been given to Mortgagees, such Mortgagees shall have the same period, after the giving of such notice upon them, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Grantee hereunder. City shall accept such performance by or at the instigation of such Mortgagees as of the same had been done by Grantee. The City shall not terminate this permit during such time as any Mortgagee, within thirty (30) days after City's notice of default to such Mortgagee, commences and thereafter continuously and diligently prosecutes' the cure of such defaults which can reasonably be cured without obtaining y possession and as to other defaults commences and thereafter p continuously and diligently prosecutes appropriate proceedings 04 for foreclosure or other enforcement of the liens securing such OD mortgage loan and, upon obtaining poeseseion or appointment of a N receiver, promptly commences and thereafter diligently prosecutes C the cure of any such defaults. Nothing herein shall limit City's right of immediate revocation under Paragroh 9. If any Mortgagee shall become the holder of the interest of Permittee hereunder, or if such interests are sold by reason of foreclosure or other proceeding brought to enforce the Mortgage, then this Permit shall continue in full force and effect as a direct Permit between the then holder of Permittee'n rights hereunder and the City, except neither the Mortgagee or any such other holder of the rights of Permittee shall be • (a) liable for any act or emission of, or the performance of any obligation of, any prior Permittee or, (b) subject to any offsets or defenses which City might have against any prior Permittee. 14. Any notice required or permitted to be given hereunder shall be in writing and shall be delivered personally or aont by first class United States Mail, postage prepaid, to the address of the party to be notified. Notice shall be effective when received. For purposes of notice, the addresses of the parties shall, until a change is hereinafter provided, be as followe: If to City: Seattle Water Department Attn: Real Property Services 710 Second Avenue Dexter Horton Building, 10th Floor Seattle, Washington 98104 If to Permittee: McLeod Development Company 213 Lake Street South Kirkland, Washington 98033 with a copy to any Mortgagee whose address has been provided to City. Either party at any time may change their respective addresses, by providing written notice to tho other party. perootigsa • cowirV1uror ' D EN EL oPmEN I pEC t3 EVE O PM EN 7 D 15. This permit may be terminated upon sixty (60) days prior notice to city by Permittee or at any other time mutually acceptable to the parties hereto. 16. At the expiration or termination of this permit Agreement, Permittee agrees to quit and surrender the permit area in as good a state or condition as now exists, ordinary wear and tear excepted, and if so directed by the Superintendent of Water, to remove from said area all property of Permittee, and to restore that portion of said area affected by Permitteets facilities to a condition at least equal to that existing prior to the construction of Permittee's facilities, all subject to the approval of the Ci.ty'a Superintendent of Water. 17. The agreements and covenants of the Permittee herein are the considerations for the granting of this permit. If a default or failure of performance of the Permittee in performance of any term or condition is not of an emergency nature or does not pose an immediate or short term threat to the safety or security of the pipeline facilities, the Permittee shall have thirty (30) days after written notice to Permittee by the Water Department to cure the default or failure; however, if the cure cannot be reasonably completed within such thirty (30) day period, Permittea shall have such longer period as ie reasonably necessary to effect the cure so long as Permittee commences the cure within the thirty (30) day period and thereafter completes the cure with due diligence. If the Permittee fails to cure such •a default within the thirty (30) day period or with due diligence in any longer period as is applicable, the Superintendent of Water may at his option terminate this permit and /or take reasonable remedial action to correct such default or failure at the expense of Permittee. 18. If a default or failure of performance of the Permittee in performance of any term or condition is of an emergency nature, at his option, the Superintendent of Water may take' reasonable remedial action to correct the condition at the expense of Permittee or order that the Permittee take ouch action. Further, if the Superintendent determines that any activity of the Permittee, or any structure placed or work done by the Permittee in the permit area, poses an immediate or short term threat to the safety or security of pipeline facilities, the Superintendent may order the Permittee to cease and desist from such activity, and, at his option, the Superintendent of Water may order that the Permittee take action to remove such threat at the expense of Parmittee. If the Permitte• fails to materially comply with orders of the Superintendent issued pursuant to this provision, the Superintendent may terminate this permit upon written notice to the Permittee. 19. The Permittee agrees to conduct all activities within the permit area described herein in a manner which assures fair, equal and nondiscriminatory treatment of all persons without respect to race, creed, national or ethnic origin or sex. . 20. This Agreement is subject to the approval of the Seattle City Council, which the Water Department will seek to obtain, and the Agreement shall have no legal effect until so approved. Z QI- W re 2 00 WI � W W O u_ 2 • d Z F-- F— O W F— ui U ON 0 I- W H H O W Z U O ~ Z f DDC 31 'L001 eV E D EIT E IN ITg1ESS WHEREOF, pursuant to the provisions of Ordinance No. //6677 7/ of the•City of Seattle, said City hen caused this instrument to be executed by its Superintendent of Water. =IN ACCEPTED BY: MCLEOD DEVELOPMENT COMP By: By: STATE OF WASHINGTON ) ) sa. COUNTY OF RING ) 5(1 On this / ' day of , 74111ei , 199A, before me, a Notary Publican and for the State of washington, personally appeared STUART MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was Authorized to execute the instrument, and acknowledged it as the President of MCLEOD DEVELOPMENT COMPANY to be tha free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set any hand arid:ofZ,icial seal the day and year first above written. STATE OF WASHINGTON ) COUNTY OF RING BB. • On thin ,6 day of ,47.6id n.rd , 191X, before me, a Notary Publican rind for the state'bf Washington, personally appeared STUART MCLEOD, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand' . oil. ii'i bipl seal the day and year first above written. raw • APPROVED BY: SEATTLE WA ER DEPARTMENT NOT PUBLIC of Washington, My appointment -7- ROB 4 P. GROH. HACK Superintenden of Water NOTARY LTC e of Washington, residing at), ( ,cj. My appointment expire. a.-z., —p n and for the' `State residing at.c.u4 expire Fe -P REC DEC 312001 R J �W E D COMMUNITY DEVELOPMENT STATE OF WASH INGTON ) SS. COUNTY OF KING ) I certify that I know or.have satisfactory evidence that ROBERT P. GRONCZNACK signed this instrument, on oath stated that he Was authorized to execute the instrument and acknowledged it as the superintendent of Water of THE CITY OF SEATTLE to be the free and voluntary act of said municipal corporation for the uses and purposes mentioned in this instrument. Date MAA3 ,1, 1 9g3 4. i iu(11 COMMUNITY DEVRLAPMEIMT 4J OTARY PUBLIC in and for of Washington, residing at My appointment expires „atieem.._... j te � ..: • S t • e' o, .r.• 9404131437 developer's agreement WITNESSETH THIS AGREEMENT is made and entered into on 3 _ 2 $ — Y between the City of Tukwila. a Washington municipal corporation (hereinafter referred to as "City"). and McLeod Development Company (hereinafter referred to as "Owner "). WHEREAS. Owner owns and /or leases certain real property in the City. whi_h is Legally described in Exhibit A, and hereinafter referred to collectively as the "Property" and is generally located' between Burlington Northern Railroad ( "BNRR ") and Union Pacific Railroad ("UPRR ") tracks, from approximately 760 feet south of the proposed extension of the centerline of Strander Boulevard. then north to I405; and consisting of the portion of the Puget Sound Power & Light ("PSP &L ") right - of-way generally situated between I405 and South 158th Street and the portion of the PS'r &L right -of -way generally situated between the Embassy Suites parking lot and approximately 250 feet south of the proposed centerline of Strander Boulevard; and WHEREAS. Owner made application to the City for SEPA Review; received a Mitigated Determination of NonsLgnificance and Board of Architectural Review approval for Land Development and Building Construction Permit for an exhibition center on the Property (hereinafter referred to as "Northwest Expo Center "); and WHEREAS. the resulting change in potential use of the Property will create associated impacts and create certain benefits for the Ci_i and I i 3 REC ;. OE. 1 'LOU1 COtliM DEVELOPM 1. RESPONSIBILITIES OF OWNER 0 WHEREAS, the development of the Property will necessitate extensions of City sewer and water lines: and WHEREAS. the development of the Property will require additional public storm drainage systems to accommodate development drainage and improve the existing drainage system serving this City storm draLnagt basin; and WHEREAS. the development of the Property will create a need for vehicular access from We Valley Highway via Strander Boulevard and South 159th Street, and additional future public right -of -way: and WHEREAS. the development of the Property will create an increase of vehicular traffic on Tukwila and adjoining City of Renton public right-of-way; NOW. THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained. the parties hereto agree as follows: 1.1 SEPA Mitigation Requirements As a part of the development of the Northwest Expo Center on the Property, the Owner agrees to provide the SEPA mitigation requirements through conditions of this Developer's Agreement or as shown on the final approved development plans. All construction shall meet City standards, other mitigation or SEFA issues required by the modified mitigated determination of non - siznificance dated October 1991. 1.� 3,1k „4;91;m..Ui.aipAge_,vatem The Owner acknowledges that the proposed development will have an Lmon. :t on the storm water facilities in the area of the Fr':i rty. • RECEIVED DEC 3 1 NH COMMunial DEVELOPMENT The Owner acknowledges further that this Property will be benefitted from the installation of a 48 inch diameter outfall from the Nelsen-Longacres Drainage Basin ( "Basin ") which will be constructed through the embankment beneath the BNRR tracks and provide_ a connection between the system shown on the Northwest Expo Center plans (ECM Nelsen-Longacres Drainage plan) and the Line as shown on sheet ICI of the Customer Service and Training Center Site Development, Southwest 16th Street Improvement, 48 inch Storm West of Southwest 16th Street, plans dated October 1992, un the Boeing property in the City of Renton. 1.3 Drainage Easements The Nelsen- Longacres Storm Drainage Basin shall drain to the 48 inch diameter BNP.E: under - crossing and through the Southwest 16th Cr") - Street line to the P -I interceptor channel. Drainage easements t 7' connecting from South 158th Street to the westerly boundary of Cr) the BNRR railroad undercrossing, where the 48 inch diameter outfall crosses beneath the BNRR, and further north to the I405 right -of -way from the BNRR under - crossing will be needed, The O D Owner shall dedicate an easement for drainage across the Property from South,158th Street to the 48 inch outfall, to the BNRR undercrossing and an easement from the 48 inch outfall undercrossing north to I405. as shown in Exhibit B. The Owner shall prepare an easement from BNRR. and the City shall obtain an easement from BNRR, for routing the 48 inch storm line and casing beneath the BNRR. The City acknowledges that the dedication of the easements on Owner's property is for storm drainage and benefits the entire E sin drainage system. including Owner's property. The value of the Owner's easements shall be allowed as a credit to the ;assessments as levied against the Property in related LIE• Agreements. The credit amount shall be at one -half the appraised .aloe �f fee simple property within the dedicated easement. If -3 • 0 no LID is formed, the Owner shall be provided a Latecomer Payment Agreement. 1.4 Ilte_ ew3r Service Sewer to serve the Property will be constructed by the Owner at Owner's expense ts, meet City standards connecting into the City manhole on the s t. thwest corner of Parcel 3 in Exhibit A. 1.5 tr.'rlal.,„r_ a_rvi._«; The Owner recognises the need to provide City water service to the Property. A 12 Lr:ch water line will be constructed providing a loop between the existing Seattle Water Department tap and the West Valley 12 inch water line. This water facility shall be N- constructed at the Owner's expense and dedicated to the City cn pursuant to a City Standard Utility Extension Agreement. The t') water loop system shall mitigate the difference in pressures gch between the systems. CT 1.6 Water and Sewer Easements Water and sewer easements shall be provided by Owner along the western edge of the property northerly to the extension of South 158th Street (Longacres Access Easement) and westerly in the Lonaacres easement to the east end of the South 158th Street right-of-way. The Owner shall pay for easements for the extension of the water line and other utilities to.serve Property across the PSP &L. the UPRR and City of Seattle (CRP 04) right -of- ways. The City shall actively pursue the issuing of easement permits to install the City water line and other utilities following application by Owner. See water and utility easement mao - Exhibit C. •:wncr acknowledges that the proposed development will have an i:nca•:t on the water facilities in the area .): the Property. .wrier acknowledges further that this Property will be benefitt i 4 RECEIVED ' DEC 3 1 2001 DT : • , 0 by connection to these water facilities which provide new service to the Property. RECEIVE DEC 3 1 7001 COMMUNITY . DEVELOPMEN 1.7 Transportation Impacts - City of Tukwila Owner acknowledges that the development of the Property will create additional vehicle traffic In the City. The Owner agrees to contribute .x sum not to exceed $343.853.00 for the construction of transportation improvements to mitigate its traffic impacts. These moneys shall pay for off -site intersection improvements within 200 feet of the intersections. except 1.7 (i). as identified in the SEPA document and as follows: a. Interurban Avenue/Grady/405 $185,000.00 b. West Valley /S. 156th Street S 43,000.00 "a:t c. West Valley /S. 158th Street $ 47.000.00 (r) d. West Valley /Strander Boulevard S 30,000.00 e. West Valley /S. 180th Street $ 38.853.00 d ^ Q7 One -half of these off-eite traffic and road mitigation contributions will be paid to the City at the time of issuance of the, Building Permit for the Northwest Expo Center. The other half will be paid at the time of. and is a condition to issuance of the facility's Certificate of Occupancy. Amounts deposited. plus interest received by the City, shall be refunded to the Owner within six years of issuance of Building Permit if improvements to correct identified impacts are not constructed. 1.9 Transportation Impacts_ City..9 _P.e1tori The Owner acknowledges that the development of the Property will create increases in City of Renton transportation needs due to additional vehicle traffic identified in the SE ?A document. The Owner agrees to contribute an additional sum not to exceed 41:37.122.0 for the ::instruction of transoortation improvements mi ioate its traffic impacts in Renton. These moneys shall O pay for either capacity or intersection improvements as follows: a. 180th Street - $162.729.00 b. Grady Way - $ 24.393.00 The transportation impact mitigation fees shall be used specifically for transportation improvements on the routes listed. One -half •jf the off -site road mitigation contribution will be paid to the City of Renton at the time of issuance of the Building Permit for the Northwest Expo Center. The other half will be paid at the time of issuance of. and is a condition to, the facility's Certificate of Occupancy. If the City of Renton Valley Transportation Plan update occurs after the issuance of the Building Permit or Certificate of Occupancy and the calculation of impacts is less than set forth above. any difference shall be refunded to Owner. Under no circumstances shall the Renton mitigation contribution by the Owner be increased. The total amount deposited plus interest received by Renton for the South 190th Street improvements or Grady Way improvements or both shall be refunded to Owner within six years of the issuance of the Building Permit. if either or both of the improvements are not constructed. 1.10 Scu ^h 158th treet.Imprpvements. tu1ic Standards The Owner acknowledges that the development of the Property pursuant to the permits will create transportation safety and capacity needs on South 158th Street to serve the site. The Owner agrees to improve South 158th Street between West Valley Read and Nelsen Face as shown on plans for Street Improvement. South 158 Street (3R 181 to Nelsen Avenue). October. 198E. provided br the 'l ty. excluding those improvements made by Embassy Suites. The $47.000.00 allocated in Item 1.7 shall be applied to and used for these improvements. If costs are more than the .S47.Oi0.00 allocated. Owner will pay the additional ...::: c . .. ^.r. .:earmr inp ro "c ' he Longsc rt•6 Acce.t , RECEIVE DEC 3 12Q °1 DEVEOP :.) • ❑ • 0 easement from Nelsen Place to the Northwest Expo Center (whose beginning is the easterly boundary of the PSP &L) to City Street Standards. The Owner agrees to complete these South 158th Street road improvements prior to. and is a condition of the issuance of the facility'a Certificate of Occupancy. 1.11 TxmApg.rt ,ItIg{ti...l:mP Pcdk3trlan Owner acknowledges that the development of the Property will create increases in transportation need for pedestrian traffic improvements. The Owner agrees to construct a 15 foot wide trail section. whose width may be adjusted at power pole locations. within the PSP &L right -of -way on a mutually agreed upon location. The limits of the trail section shall be in that PSP &L right -of- C way north of a line approximately 250' south of the proposed Cr) centerline of the Strander Boulevard extension and south of I405 on which the Owner has previously obtained lease agreements. met C') The Interurban Trail design on the PSF &L 15 foot right -of -way shall be accomplished by the City and plans and details furnished to the Owner as needed. The trail shall be built in accordance with designs furnished by the City or the City may charge the Owner for all construction expenses. • including administrative costs and overhead. to bring the trail into conformity with City design. The construction of the Interurban Trail shall occur with the construction of the parking areas to be constructed on the ESP &L right -of -way. '.:om:l tion of the Interurban Trail shall occur prior to the issua:t•:e of. and is a condition of the Certificate of Occupancy. 7 • 1.12 Strander Boulevard Imar-ovements to Public Standards Owner acknowledges that the development of the Property will create transportation safety and capacity needs on Strander Boulevard to serve the site. The Owner agrees to improve Strander Boulevard between Nest Valley Road and the FSP &L right - of -way to City standards. excluding improvements made by Taco Bell. The $30.00.0G allocated in Item 1.7 (d) shall be applied to and used for these improvements. If costs are more than the $30.000.00 allocated. Iwner will pay the additional costs. The Owner shall extend Strander Boulevard as a private road from the eastern terminus of Strander Boulevard right - of-way to the western edge of the Property as described in Exhibit A. Strander Boulevard access to the Property shall include an at -grade crossing of both the PSP &L and UPRR right -of -ways. The road will have 2 - eleven foot lanes with curb and 6 foot sidewalk on the north, 3 foot shoulder on the south. and an at -grade crossing as installed by UPRR. The private street. sidewalk, necessary utilities. railroad crossing, and miscellaneous improvements at Strander Boulevard over PSP &L and UPRR will be at Owner's sole expense. The Owner will design the private road. sidewalk. and utilities extensions to applicable City standards. except oil UFRR property. Are executed agreement for crossing the UPRR will be submitted to City prior to issuance of the Building Permit for the Northwest Expo Center. The City will obtain a Deed or Owner will obtain an easement for property crossing PSP &L. The Owner shall be responsible for the purchase of right -of -way from PSP &L. The Strander Boulevard access utilities easements or shall be considered a secondary access to the facility. 1.13 Future .'.arranger Buule._ard Pu61ic Roadway Extension The Owner acknowlcdwes the intent of the City to create a through street by extendinar Strander Boulevard to the western boundary of the City of Renton. A 60 foot right -of -way has been reserved for rh- publi. scree:. Th. Owner agrees not the protest the 3 0 sve° ‘) ri- t4Tri 00 0.10 poi permits 0 extension of Strander Boulevard and further agrees to sell the reserved 60 foot right -of -way for $1.82 per square foot as a condition of a r_ -con.. Any purchase of right-of -ways which occur as a part of the private road aooes. :item 1.121 shall apply as a dollar-for dollar credit to ary future LID to extend Strander Boulevard. 1.14 Etore Event Traffi,o Mitj.gratio The Owner agrees to work with the City on an on-going basis. as described in this 3eo=ion to mitigate through operating measures. any unanticipated traffic safety and capacity impacts resulting from special events at the Property. A Northwest Expo Center staff /edvisor with ?rofessional Traffic Engineering expertise Cr) will work with the City representing the Northwest Expo Center to .oct• evaluate problems. determine solutions, and facilitate solution Cr) implementation for regular re- occurring event related traffic in the vicinity of the Northwest Expo Center site. it Cn The work Is to include necessary coordination with Metro. WSDOT. Tukwila Folic:. Washington State Patrol. Tukwila Fire Department, neighbors and others involved in particular traffic control and a•_cess plans that will provide mitigation of Northwest Expo: Center traffic impacting safety and capacity of other vehicle and pedestrian traffic. Work and solutions may include plans and revisions to manual traffic control. special event signing. special event signal operations and implementation, the .:ommunication with effected or permitting agencies or neighbors and similar operational measures. This section. Section 1.14 does not authorize new fees for intersection work oe •. onstructi•:n. 1.15 Cwuer•'. ,h•:itigati,n Obligations The payments, easements. work and all other obligations to be :1- rr.. :me1 b; '+:.. ::i.::. thi.t. A.rreement :onstitute Own ->:'s full Re DEC '3 TOO CDM�ppME DevE 10 SEPA and other code mitigation requirements for the utilities. streets and other infrastructure covered in this Agreement for development of the Property as the Northwest Expo Center. C. RESPONSIBILITIES OF CITY 0 2.1 Benefited.Area and ,,asatssmrnts - Fsciiitie The City acknowledges water line extensions and storm drain easements and improvements, including regional detention:' biofiltrstion which will ba cunstructed by Owner. will directly benefit other property in the Nelsen Place Longacres Basin not owned by the Owner and which cannot be legally described until the extent of the improvements has been determined. Pursuant to RCW Chapter 35.91, or other applicable law, the Owner agrees to develop and the City agrees to approve and adopt, with any appropriate changes. a Latecomer's Agreement. The Latecomer's Agreement shall be designed to reimburse Owner for its costs on a • pro rata basis and to assess any other owner or developer of real `et' estate who will use the water and drainage improvements. The Cr') Agreement is to be drafted by the Owner, modified, if O appropriate, and approved by the City at the time the facilities "r are turned over to the City for City review and approval. The CJ) pro rata share for any one parcel of real estate contained within the benefited area shall be proposed by the Owner subject to approval by the City. The pro rata share for each parcel shall be shown on exhibits to be attached to the Latecomer's Agreement. The City agrees to pay Owner all sums collected, if any. pursuant to the Latecomer's Agreement within si ::t;, (60) days after receipt thereof. Reasonable costs of administering the Agreements shall to charged to other properties. Payments shall be made until the total of said payments equals the cost of constructing the facility less Owner's pru rats share, or fifteen years from the date of the Latecomer's Agreement. whichever occurs first. • • RECEIv ED PC 312001 EVELOP D z ¢ � ' w cG 00 N0 Lu J _-. N �. W LL d = W Z �- ZI- W Lu C .0 .O— C]F- W lU 2 F— LL it Z U = . 0 z 0 2.2 Nelsen Place Improvements The City shall fund the installation of curb & gutter. and adjust storm drainage and in -fill paving on the easterly street section of Nelsen Flace between South 158th Street and South 156th Street. If the Owner installs the improvements pursuant to a City request. the City shall make payment within 30 days following compaction of work. 2.3 Strander Boulevard -Union FActric_Ra1aroad 1 41.4a rc r.; A A_ing The City acknowledges the benefit to have a UFRR undercrossing project completed as a part of the larger .effort to connect Strander Boulevard from Nest Valley Road to Southwest 27th Street in Renton. ti The City has selected the routing of Strander Boulevard extension Cr) by reserving a route across the Northwest Expo Center er property. C7) The City can form i,ID's for roads and utilities servicing properties within the City, and the City agrees to form a Strander Boulevard -UFRR. Under,:rosairlg LID in either of the following circumstances: a. Termination by UPRR The City recognizes that the Strander Boulevard access to the Northwest Exhibition Facility is a private. at -grade railroad .rosaing which may be terminated by the UFRR. if the at -grad: UFR.P crossing agreement is terminated at any time after the Northwest Expo Center construction begins or has been completed. the City agrees to farm a Phase One Strander .ulevard- UFRR.(Brad: 2eparatior. LID. Phase One LID shall be formed in a timely manner t.) constru,:t a minimum 2 Lane undercrossing. the LID. The Owner agrees not to protest the formation REC v 0EC 120 0 p NI T�' BEN Alt f: • ti Cr) 01 b. Traffic Conflicts If in the operation of the Northwest Expo Center there appears to be safety, traffic, ingress /egress conflicts, or other impacts Judged to be reasonable by the City. which might be better resolved with a Strander Boulevard -UPRR undercrossing, the Owner and City may mutually agree to form a Phase One LID, with a petition from Owner. "Phase One" LID means an undercrossing of UPRR of a two lane street with a minimum 13' -6" clearance. When forming any Phase One LID, the City will contribute to the LID a preliminary engineering design report, purchase of the right -of -ways, bridge and road design, specifications, estimates, permits, and a contribution not to exceed 9300,000.00 towards construction cost. Construction cost occurring greater than the aforementioned contribution will be secured through the formation of the LID. The City agrees to work with the Owner or Owner's representative during the design and construction to minimize disruption and confirm that the interest of both parties are net as far as possible. The City will place the Strander Boulevard -UPRR project on its Six Year CIP, and a design report for the entire Strander Boulevard Extension will be programmed for 1996, subject to adoption by the City Council. The City shall begin the Strander Boulevard Extension Design Report prior to the the formation of any LID. Owner retains its rights under law to contest the amount of the assessment allocated to the Property but Owner expressly waives any rights to protest formation of the Phase One LID. There is presently, and will be needed in the future, an at -grade crossing of the UPRR for over - height vehicles to service the existing utilities between the BNRR and the UPRR as well as to allow access to the Northwest Expo Center for over - height loads. 12 0 RECEI ED DEC 3 1 001 COMMU ITV DEVELOP ENT .. • 6. ATTORNEY FEED In the event that either party shall commence litigation against the other in order to enforce any term or condition of this Agreement. the prevailing party in such litigation shall be entitled to recover its costs. including reasonable attorney C Z fees. Nit C"'7 T. EFFECTIVE D?1E .04c1- The responsibilities of the Owner under this Agreement are contingent upon the Issuance of the requested approvals for the Prrilect. No obligation will arise until the issuance of such approvals and Owner's decision to start construction of the Northwest Expo Center on the Property. if Owner elects to proceed with any of the improvements sdt forth herein before tht issuance of such approvals and after installation of the improvements elects to abandon its development then. and only then will Owner and its successors and assigns be entitled to the benefits related to Latecomer's Agreements at forth in this Agreement, provided such improvements are approved and accepted by the City. • 0 for abandons development of) the Property as an exhibition center Owner shall be entitled to receive Latecomer payments as stated in Section 2. This Agreement may only be amended by written agreement or the parties. Each party warrants that it has the authority to enter this Agreement. 5. RECORDING This Agreement shall be recorded with King County and cost of said recording shah be paid by the Owner. 9. COC!P$RATIQN The parties agrees to mutual'_: .. :oper5t. t:. implement :h' ?ert..m'r,t and r_a :h Dart, shall take all reasonable acti'ens 14 RECEI ED DEC 312 01 CONliVMI) Ia'Y DEVELOP Eta" z o:Z w QQ � JU O 0 u) o U) J CA w 0 Q = C5 . l -w z = F- 1— 0 Z I-- U.1 uj � U 0 - o F- LU w U O . z w U =. 0 z • CC) B CvJ 8 On necessary to accomplish the purposes of this Agreement. By T TTEST /AO'rEIENT33 TED: . La, }ct.. ' e E. Cantu, City Clerk APPROVED AS TO FORM OFFICE OF THE CITY A ORNEY: 0 15 • • OWNEP i , � Stuart McLeod. f esident McLeod Development Its By Its R E CEIV ED D EC 31 20 01 DEVELOPMENT T EV • • z 4,-W • 2 JU O 0 • =' 111 J i- 2 L L W 0 aa LL Q . 9- d E_ I z � 0 � W F- W 0 0 - H W W 2 Z W U = 0 z Alb fat coo rola. DES 3 140 < won C. N o-3 Cr) 8 STATE OF WASHINGTON) SS COUNTY OF RING h on this 3� day of a..Ittevvtj , 19C4, before me, the undersigned, a Notary Public in and tot the State og Was duly commissioned and sworn, personally appeared ,c.,, ), fY1 L..,a , to me known to be the President of McLeod Development, a Washington corporation that executed the foregoing instrument, and acknowledged the 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 is authorized to execute said instrument and that the seal affixed (if any) is the seal of said corporation. WITNESS MY HAND AND OFFICIAL SEAL _ eret , aff ; the and year in the certificate above -wri • OFF ALNOTARYSEAL • OONALD L NILES Mazy RtlIc 5TATEOf WWASWNGTOH ty Comission Expires AUG I4,taGs 0 RECEIVLAi NOTARY •UHLI in and for the State f gtashington, residing at a1e•,JUG 1� My commission expires %4 ue tSgt, • DEC 3 1 2001 DEVt/'?'".. COMMUNITY DEVELOPMENT px14rBST A Legal Deecriptione 0 RECEIVED DEC 3 1 2001 COMMUNITY DEVELOPMENT Parcel 11 Tax Lot 242304 - 9034.02 4.70 Ac DESCRIPTION: That portion of Government Lot 8 in Section 24, T23N, R4E, WM, and the Henry Meader C.C. No. 46 in said Section 24, described as follows: Beginning on the east line of the Chicago Milwaukee and St. Paul Railway right -of -way 137 feet south of the north line of said Henry Meader D.C. No. 46; Thence easterly and parallel to said north line of the D.C. `d. 285.54 feet, more or leee, to the went line of the Northern Pacific (*) Railway right -of -way; Thence northerly and northwesterly curving to the left along Q7 said west line of the right -of -way 91€ feet, more or lees, to the southerly line of the Renton Junction County Road No. 1139 (South 153rd Street); Thence south 80 °49' west along said southerly line of County Road 80.7 feet, more or lees, to the easterly line of said Chicago Milwaukee and St. Paul Railway right -of -way; Thence aoutherly along said line of right -of -way 881 feet, more or less. to the beginning; 18 RECEIVED • DEC 3 1 2001 COMMUNITY DEVELOPMEN Together with that portion of vacated South 153rd Street adjoining, which upon vacation attached to said property by operation of law; Except portion thereof conveyed to the State of Washington for Primary State Highway No 1, Jct. SSH 2 -M to Jct. PSH No. 2 in Renton, by deed recorded under Recording No. 55077460; Situated in the City of Tukwila, county of Xing, State of Washington. 19 Parcel {2 0 Tax Lot 000580 - 0013 -03 9.60 Ac A permanent easement for acceee and utilities in the SW 1 /4, Section 23 and the NW 1/4, Section 25, T23N, R4E, WM, in the City of Tukwila; Said easement described aa the westerly 22 feet and the eaaterl Y 22 feat of the westerly 275 feet between the Seattle Water Department C.R.P.L. i4 and the acceee easement from South 158th Street, and the South 158th Street acceee eaaement of the parcel of land described aa: That portion of Henry Meader Donation Claim No. 46 in Section 24 and 25, T23N, R4E, NM, lying weet of the BNRR right -of -way, east of the Oregon - Washington Railroad and Navigation Company right -of- way and south of a line 137 feet south of the north line of eaid donation claim and north of the City of Seattle Bow Lake pipe line right -of -way; Situated in the City of Tukwila, County of Ring, State of Waebington. 20 ReC l/ .`.• DEC 312 DEVELOPIV►ENT Paroel 13 Tax Lot 000580- 0021 -03 DESCRIPTION: 0 All that portion of Government Lot 11 and all that portion of Henry Meader Donation Claim No. 46 in the north 1/2 of the northwest 1/4 and that portion of the southeast 1/4 of the northwest 1/4 all situated in Section 25, T23N, R4E, WM, bounded as follows: On the weal the Chicago, Milwaukee and St. Paul main track center line ae located and constructed, as conveyed by deed recorded under Recording Nos. 453941 and 453943; On the east by a line drawn parallel with and distant 50 feet westerly measured at right angles to BNRR Company's old main line track center line ae now located and constructed; On the south by a line drawn parallel with and distant 330 feet southerly at right angles to the south line of said Government Lot 11; On the north by the south margin of the City of Seattle, by deed recorded under Recording No. 4131067; Except that portion thereof, described as follows: Beginning at a point on the south line of paid Donation Claim and the east margin of the Chicago, Milwaukee, St. Paul and Pacific Railroad right -of -way; 9.15 Ac RECEIVE DEC 3 1 2001 COMMUNITY DEVELOPMENT 0 Thence easterly a distance of 120 feet along said south line of said donation claim; Thence northeasterly measured at right angle), to said South line a distance of 80 feet; Thence westerly parallel with said youth line to said easterly margin of said Chicago, Milwaukee, St. Paul and Pacific Railroad right -of -way; Thence aoutherly along said railroad right-of-way to the point of beginning; Except all coal and minerals and the right to explore for and ti Cr) mine the same, ae conveyed by deeda'recorded under Ming County Cr) Recording Noe. 8404050908 and 8404050909; at Cr) Situated in the City of Tukwila, County of Ring, State of Washington. 22 RECENLID DEC 3 1 2001 COMMUNITY DEVELOPMENT • - - a tt s. 1 1 1.14111011 Odi II • Ills NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. „ • . ".. - • - • P9P AL ;• N. F. RH at. .04 /v. • ■•••■•• • 1 • 1113110 •Aao • ••••"'":' 9404131437 I I lil gl I I .... 1 to...1 WOW 4..:141 "61 O. O. L I I I SI IA i l!: Is Is cm • • . . . " JA CII2011 0/L • I' **A •••• def. 0 eve ••••••••■•• r Amor t o won • NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. Form 1t •1 -5 1( '6) l u mnlilmenl I'.tee Page .1' \I L E I if ry A. •• J ■ Q4a4 •' • :fr 14 to h • . C.4 \ • x r Cr ECTEMSEit 2% 1 i 19911 S l '4 1!fQtt" • 1' � a e. BY COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY. herein called the Company. for valuable consideration, hereby commits to issue its policy or policies of title insurance. as identified in Schedule A. in favor or the proposed Insured named in Schedule A. as owner or mortgage of the estate or interest covered hereby in the land described or referred to in Schedule A. upon payment of the premiums and charges therefor: all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall he 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 if 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 he valid or binding until countersigned by and authorized officer or agent. IN WITNESS WHEREOF. the Company has caused this Commitment to he signed and sealed. to become valid when countersigned by and 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." FistAmerican Titielnsurance Company gY �O PRESIDENT ATTEST /_ /'I L r�/ I. SECRETARY RECEIVED DEC 3 1 2001 r DEVELOPMENT COMMUNITY l0 COUNTERSIGNED TO: BILL LUTHER TITLE OFFICER (206) 728 -7227 b A ,\ Ni 1; � r • First American Title Insurance Company 2101 FOURTH AVENUE, SUITE 800, SEATTLE, WA 98121 COMMERCIAL DIVISION TITLE UNIT - C2 FAX NO. (206) 615 -3000 N � w 0 g Q ORDER NO. 841910 -C2 • d YOUR NO. NONE 2_ W MCLEOD /OPUS NW Z 1 - O Z I- w 0 O N O F— w I— u .. Z W EFFECTIVE DATE: JUNE 27, 2001 AT 7:30 A.M. O H TOUSLEY BRAIN 700 FIFTH AVENUE SUITE 5600 SEATTLE, WA 98104 ATTN: RUSSELL TOUSLEY PROPOSED INSURED: OPUS NORTHWEST LLC, A WASHINGTON LIMITED LIABILITY COMPANY 3. POLICY /POLICIES TO BE ISSUED: SCHEDULE A STUART MCLEOD, AS HIS SEPARATE ESTATE AMOUNT KATHI KILBORN TITLE ASSISTANT (206) 615 -3041 PREMIUM TAX STANDARD OWNER'S COVERAGE IN THE AMOUNT OF THE PURCHASE PRICE EASEMENT COVERAGE $ 40.00 $ 3.52 4. THE ESTATE OR INTEREST IN THE LAND DESCRIBED ON PAGE 2 HEREIN IS FEE SIMPLE ESTATE AS TO PARCEL A AND AN EASEMENT INTEREST ONLY AS TO PARCELS B, C AND D AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN: 5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED IN LEGAL DESCRIPTION ATTACHED HERETO. ',L'(ucjti4:{.r M'. :'.i(•�K''b y.� Z _ I- Z w 6 _t O O 0 W= z PARCEL A: ALL THAT PORTION OF GOVERNMENT LOT 11 AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY, MEASURED AT RIGHT ANGLES, TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY, MEASURED AT RIGHT ANGLES, TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACT CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY, AT RIGHT ANGLES, TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11; ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY, AT RIGHT ANGLES, TO THE SOUTH LINE OF THE HENRY MEADER DONATION CLAIM NO. 46. PARCEL B: A NON - EXCLUSIVE EASEMENT FOR WATER SUPPLY, SANITARY SEWER, STORM SEWER, GAS, ELECTRICITY AND TELECOMMUNICATIONS, AS DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 9811051959, IN KING COUNTY, WASHINGTON. PARCEL C: PARCEL D: LEGAL DESCRIPTION Page 2 ORDER NO. 841910 -C2 A NON - EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS, EGRESS AND UTILITIES, 20 FEET IN WIDTH, AS DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 9811051961, IN KING COUNTY, WASHINGTON. A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OF OVERSIZED LOADS 24 FEET IN WIDTH, AS DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 9811051962, IN KING COUNTY, WASHINGTON. Z W 6 00 co 0 W O _ . w Z � I— O Z 1— W W . 0 O • — O I--. W • W I— ti 0 . W Z U= 0 z SCHEDULE B - SECTION 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD. SCHEDULE B - SECTION 2 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. THESE EXCEPTIONS WILL BE ELIMINATED ON ANY FORTHCOMING EAGLE PROTECTION POLICIES ISSUED. 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, INTERESTS, 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 EASEMENT 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, MATERIALS OR MEDICAL ASSISTANCE 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 MA1'1ERS, IF ANY, CREATED. FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGES THEREON COVERED BY THIS COMMITMENT. Pau 3 zY. SCHEDULE B - SECTION 2 CONT. ORDER NO. 841910 -C2 SPECIAL EXCEPTIONS 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 TUKWILA IS 1.78%. LEVY CODE: 2340 2. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AP TER OCTOBER 31ST. YEAR: 2001 AMOUNT BILLED: $7,783.51 AMOUNT PAID: $3,891.76 AMOUNT DUE: $3,891.75, PLUS INTEREST AND PENALTY, IF DELINQUENT TAX ACCOUNT NO.: 252304- 9006 -05 ASSESSED VALUE OF LAND: $620,900.00 ASSESSED VALUE OF IMPROVEMENT: $0.00 3. EVIDENCE OF THE AUTHORITY OF THE INDIVIDUALS) TO EXECUTE THE FORTHCOMING DOCUMENT FOR OPUS NORTHWEST LLC, A WASHINGTON LIMITED LIABILITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMI1TED PRIOR TO CLOSING. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: OCTOBER 25, 1967 RECORDING NO.: 6255262 IN FAVOR OF: MUNICIPALITY OF METROPOLITAN SEATTLE FOR: SEWER LINE AFFECTS: THE WESTERLY PORTION 5. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 31, 1968 RECORDING NO.: 6384960 IN FAVOR OF: MUNICIPALITY OF METROPOLITAN SEATTLE FOR: SEWER LINE AFFECTS: THE WESTERLY PORTION 6. UNRECORDED AGREEMENT AND THE TERMS AND CONDITIONS THEREOF DATED OCTOBER 17, 1967 WITH THE MUNICIPALITY OF METROPOLITAN SEATTLE, AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 8304250790. 7. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: GLACIER PARK LIQUIDATING COMPANY RECORDED: APRIL 5, 1984 RECORDING NO.: 8404050908 AND 8404050909 NOTE: NO DETERMINATION HAS BEEN MADE REGARDING THE CURRENT OWNERSHIP OF SAID RESERVED RIGHTS. 4, • SCHEDULE B - SECTION 2 CONT. z 8. COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND /OR EXCEPTIONS }- Z CONTAINED IN INSTRUMENT: CC W FROM: STUART MCLEOD 6 = RECORDED: OCTOBER 31, 1990 0 O. RECORDING NO.: 9010310530 co O CO W �_ 9. TER MS, COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS AS '" CONTAINED IN LOT LINE ADJUSTMENT: W O NO.: L92 -0116 2 RECORDED: MARCH 16, 1992 RECORDING NO.: 9203161730 CD 3 10. DEVELOPER'S PUBLIC STORM DRAINAGE SYSTEM AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: ? F BETWEEN: CITY OF TUKWILA Z O AND: MCLEOD DEVELOPMENT COMPANY RECORDED: MAY 13, 1992 RECORDING NO.: 9205130556 UO � 11. PERMIT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: W W BETWEEN: CITY OF SEATTLE 1— U AND: MCLEOD DEVELOPMENT COMPANY AND STUART �- O MCLEOD LLj Z p RECORDED: RECORDING NO.: MAY 18, 1993 9305182054 12. DEVELOPER'S STORM DRAINAGE SYSTEMS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CITY OF TUKWILA AND: MCLEOD DEVELOPMENT COMPANY RECORDED: APRIL 13, 1994 RECORDING NO.: 9404131437 13. TERMS, COVENANTS, CONDITIONS AND /OR PROVISIONS CONTAINED IN AN EASEMENT SERVING SAID PREMISES, AS CONTAINED IN INSTRUMENT: RECORDED: NOVEMBER 5, 1998 RECORDING NO.: 9811051959 14. EASEMENT. INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 5, 1998 RECORDING NO.: 9811051960 IN FAVOR OF: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY FOR: INGRESS, EGRESS AND UTILITIES AFFECTS: A 60 FOOT WIDE PORTION Pau 5 ORDER NO. 841910 -C2 z SCHEDULE B - SECTION 2 CONT. 15. TERMS, COVENANTS, CONDITIONS AND /OR PROVISIONS CONTAINED IN AN EASEMENT SERVING SAID PREMISES, AS CONTAINED IN INSTRUMENT: RECORDED: NOVEMBER 5, 1998 RECORDING NO.: 9811051961 16. TERMS, COVENANTS, CONDITIONS AND /OR PROVISIONS CONTAINED IN AN EASEMENT SERVING SAID PREMISES, AS CONTAINED IN INSTRUMENT: RECORDED: NOVEMBER 5, 1998 RECORDING NO.: 9811051962 17. EASEMENT, INCLUDING RECORDED: RECORDING NO.: IN FAVOR OF: NOTE #1: FOR: AFFECTS: TERMS AND PROVISIONS CONTAINED THEREIN: NOVEMBER 5, 1998 9811051963 CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY DUST, TRAFFIC, VISUAL IMPACTS, NOISE IMPACTS AND OTHER NUISANCES ALL OF PARCEL A ORDER NO. 841910 -C2 18. PRIVATE ACCESS TO SAID PREMISES IS ACROSS A RAILROAD RIGHT OF WAY. THIS COMPANY WILL REQUIRE THAT THE "PRIVATE ROADWAY AND CROSSING AGREEMENT ", AND ANY ASSIGNMENTS OR MODIFICATIONS THEREOF WHICH WERE ISSUED BY THE RAILROAD COMPANY, BE SUBMITTED FOR EXAMINATION. THE COVERAGE THEN AFFORDED UNDER ANY POLICIES ISSUED, RELATIVE TO ACCESS TO SAID PREMISES, WILL BE LIMITED BY THE RESTRICTIONS, CONDITIONS AND PROVISIONS AS CONTAINED THEREIN. IF NO "AGREEMENT" EXISTS, THE FORTHCOMING POLICY(IES) WILL CONTAIN THE FOLLOWING EXCEPTION: THE LACK OF A RIGHT OF ACCESS TO AND FROM THE LAND ACROSS A RAILROAD RIGHT OF WAY ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST IN OPUS NORTHWEST LLC, A WASHINGTON LIMITED LIABILITY COMPANY. EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS PENDING AGAINST SAID PARTY(IES). INFORMATIONAL NOTES: 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. ANY SKETCH ATTACHED HERETO IS DONE SO AS A COURTESY ONLY AND IS NOT PART OF ANY TITLE COMMITMENT OR POLICY. IT IS FURNISHED SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING THE PREMISES AND FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY WHICH MAY RESULT FROM RELIANCE MADE UPON I'T. Page 6 .vu,r,.: i +.aa: >�F✓ iw.nesiVxv'`.tr:::�k:r�Gi SY«ti.Yi�l' `l,Ni6'3�:Syf6T:�1:'. SCHEDULE B - SECTION 2 CONT. RBJ /EJH THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. GOVT LOT 11 & SECTION 25 TOWNSHIP 23N RANGE 4E SE QUARTER NW QUARTER. TAX PARCEL NUMBER(S): 252304- 9006 -05 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. CC: DAVIS, WRIGHT, TREMAINE 2600 CENTURY SQUARE 1501 FOURTH AVENUE SEATTLE, WA 98101 ATTN: JIM GREENFIELD CC: CENTURY PACIFIC REAL ESTATE 1501 FOURTH AVE #2140 SEATTLE, WA 98101 ATTN: KATHERINE LAIRD CC: OPUS NORTHWEST L.L.C. SUITE 300 OF GATEWAY H 915 118Th AVENUE SOUTHEAST BELLEVUE, WA 98004 ATTN: BART BRYNESTAD END OF SCHEDULE B Page 7 ORDER NO. 841910 -C2 Form No. 1755 y 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 Toss 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. GO Printed on Recycled Paper RECEIVED DEC 3 1 2001 JOINT USE OF PRIVATE ROAD CROSSING AGREEMIV NI This Agreement is made as of (T".. Z. , 1999 by and between MCLEOD DEVELOPMENT COMPANY, a Washington corporation. ( "McLeod "). and CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transportation authority of the state of Washington (hereinafter "Sound Transit") for the joint use and maintenance of that certain right of way situated in King County. Washington. granted by Union Pacific Railroad Company, and as further described on Exhibit A. attached hereto and incorporated by this reference (the "Right of Way "). Background A. McLeod entered into a Private Road Crossine Aereement on June 13. 1996 (the "Railroad Crossing Agreement ") with the Union Pacific Railroad Company (the "Railroad ") that allowed McLeod to build and use a private road crossine of the Railroad's right-of-way at Strander Boulevard in Tukwila. Washington. B. The parties agreed in paragraph 9.3 of that certain Purchase and Sale Agreement between the parties dated November 3. 199E to cooperate in obtaining permission from the Railroad for Sound Transit to use the privately improved road crossing of the Union Pacific Railroad Right -of -Way at Strander Boulevard for access to its commuter rail station and parking areas. The Purchase and Sale Agreement provides that if Sound Transit uses the crossing. it shall pay McLeod 50% of the license fee and maintenance cost due to the Railroad under the Railroad Crossing Agreement. C. The Railroad has agreed to grant Sound Transit permission to use the crossing as a joint licensee with McLeod under the Railroad Crossing Agreement. provided that Sound Transit and McLeod agree to he jointly and severally liable under said agreement. as amended to include Sound Transit on even date herewith. D. McLeod and Sound Transit wish to jointly use the crossing. cooperate. and equally share the annual expenses paid to the Union Pacific Company and other obligations under the Railroad Crossing Agreement. 1' d,•, greri \t ;Irod- ST -ITC ro »in^ dre Agreement Now, therefore, for and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. McLeod hereby consents to the addition of Sound Transit as a party to the Railroad Crossing Agreement. subject to the terms and conditions hereof. The annual cost of license and maintenance paid to the Railroad under the Railroad Crossing Agreement. including those cost set forth in Articles 1 and thereof shall he borne by the Parties in equal amounts of 50° o per party. Because McLeod has heretofore paid such costs for the current year of the Railroad Crossing Agreement. Sound Transit shall reimburse N1cLeod a pro -rata share of z a I =z w 00 U o U) ILI J k- w u _ P O = W z� ° z LU 0 co 0— ❑ F- ww I t- u_ O .z Cu 0~ z such cost from the date of this Agreement to the next anniversary date of the Railroad Crossing Agreement. On each anniversary date thereafter each party shall pay its share of such cost directly to the Railroad. 3. McLeod agrees to indemnify and defend Sound Transit against any claim or liability that may be asserted against it arising from or in connection with McLeod's activities Railroad Crossing pursuant to the Railroad Crossing Agreement and all related damages. costs and expenses except to the extent caused by or resulting from Sound Transit's sole negligence and. where such claim or liability results from the concurrent negligence of McLeod. its agents or employees and Sound Transit. its agents or employees. to the extent of McLeod's negligence. Sound Transit agrees to indemnify and defend McLeod. any person who from time to time holds a direct or indirect ownership interest in McLeod and any person who from time to time holds a mortgage lien on McLeod's property against any claim or liability that may be asserted against it arising from or in connection with Sound Transit's activities Railroad Crossing pursuant to the Railroad Crossing Agreement and all related damages. costs and expenses except to the extent caused by or resulting from McLeod's sole negligence and. where such claim or liability results from the concurrent negligence of Sound Transit. its agents or employees and Sound Transit. its agents or employees. to the extent of Sound Transit's negligence. Sound Transit and McLeod acknoNA ledge that these indemnity provisions have been mutually negotiated by the parties. Sound Transit and McLeod each specifically and expressly waives its immunity under industrial insurance Title 51. RCW as to amounts that the other may claim pursuant to this paragraph. 4. Each Pam shall provide the other with a certificate of insurance. naming the other party as an additional insured on each insurance policy it is required to procure and name the Railroad as additional insured under .Article 4 of the Railroad Crossing Agreement. Each such policy of one party shall contain terms benefiting the other party in the same planner as such policy benefits the Railroad. Each Party agrees not to obstruct or interfere \vith the others access to the Right of Way. 6. This agreement shall be binding upon successors and assigns. Signed in duplicate original this�k�' day of � . 1999. CENTRAL PUGET SOU ND REGIONAL TRANSIT AUTHORITY By Its: .� Address: 1' t do... ereei NI6le,id -S1 -1 PCr.s. ins do. Second Avenue. Suite 500 Seattle. Washington 98101 -3423 er_ �- �. v�i�rrti. %wn;ci+V;s;i:w.;s:�x:;:.krz;�.b i scf' Hisu ::t:A+xtw.ax;+✓d4oxi ➢.t z =Z .~ w cc 2 6 0 0 co o • LLI - _ w 0 Q = d w z� zI- w w U� O N • I— W w .. z W = 0 z Approved as to Form: �. • ,11 ` \ "` t✓� t V Name Bv: Legal Counsel MCLEOD DEVELOPMENT CO ANY Stuart M. Mc eod. ; nt . Address: 213 Lake Street South Kirkland. Washington 98033 r Jrr- CIrci \1kkc+IJ -s1 -1 Pl ro. > in^_ dl'. ...,.-.•'. :: K I..r.:5 ? t++-� . ,✓i.'.�...'Z S n'^'." L.i:.Ww..4.. - s..r- [taSY1.'0: z u JU 0O ' U) o: U) W CO W =: W 0' g � � _ Z F- 1— 0: Z 1— O �; O I--. W W F- L" 0 •Z W O ~' z d1',. creed \1:1cod.S1•t'P( of .ing duc EXHIBIT A LEGAL DESCRIPTION OF RAILROAD RIGHT OF WAY a z Ix Lk ;= z .0 O' CI W J w �a = a: • ~ 2i z � z r LU w = U H �. w H =; 0 • r A 40 foot acess and utility easement lying 20 feet each side of the following described line: Beginning at the southeast corner of Lot 2 of Short Plat 084 -85 filed with the City of Renton under Recording Number 8702039008. Thence NO1 °21'49 "W along the cast line of said short plat 219.98 feet to the centerline of Tract "X "; Thence easterly along a curve to the left whose radius is 1000 feet and bears Ni °39'24 "E through a central angle of 4 ° 28'02" and an arc length of 77.91 feet; Thence continuing easterly along a curve to the right whose radius equals 1000 feet and bears S02 °48'38 "E through a central angle of 1°15'51" and an arc length of 22.06 feet to the True Point of Beginning of this description; Thence continuing easterly along last mentioned curve through a central angle of 4°18'06" an arc length of 75.08 feet to a point on a line 180.00 feet south of the south line of the Henry A. Meader Donation Land Claim No. 46; Thence N87 ° 14'40 "W parallel to said south line 28.70 feet to the east margin of the Union Pacific Railroad Co. LOT I SH. PL- 084 -85 stp,NO BLVD. LoT 2 SH. PL- 084 -85 1 SO. LN. HJRY . MEADER DONATION CLAIM NO.46 L bj P r rj ) Q Ip In n n I 1 cx 1 O co 0 O 5 cc II II II II II II II It .L.XF1 f "A- l " Page 2 of 2 SCALE 1 =100' R. D. UHRICH ASSISTANT VICE PRESIDENT ROOM 1100, 1416 DODGE STREET OMAHA, NEBRASKA 69179 1100 ( 271.3753 FAX (402) 271-5493 UNION PACIFIC RAILROAD COMPANY CONTRACTS & REAL ESTATE DEPARTMENT R CE1V ED ll €C 1 2��� COE DE Mr. Stuart McLeod McLeod Development Co. 213 Lake Street South Kirkland, Washington 98033 July 22, 1996 Crossing: Private: WA- Tukwila McLeod Corporation. . - ... Re: Agreement for Construction, Maintenance and Use of a Private Road Crossing with Signals on Railroad's Property at Milepost 172.09, Seattle Subdivision, in Tukwila, Washington Dear Mr. McLeod: Enclosed is McLeod Development's fully executed original of the above - referenced agreement. If you have not already done so, you must contact our fiber optics group at 1- 800 - 336 -9193 for fiber optic information. Ray Oneida must be contacted at (206) 764 -1467 a minimum of 72 hours before entering Railroad property. Union Pacific Railroad is continually trying to do a better job for our customers. We would like to know what we did right, and if there were any areas where you felt that our performance could improve, we would like to hear that also. Enclosed is a survey for that purpose. ate— If you have any q stions concerning the terms of this agreement, please contact me at (402) 271 -2343. As Jim Hill retired from the Railroad last year, questions concerning the installation of the crossing should now be directed to gphn Trumbull, Manager - Industry and Public Projects, telephone y/ (sow —87E -- /8,0, Sincerely yours, 51-01- 5, 746 GOt IO c ' eL 10 7lCc,C� 6447 r2- °17 z62 RIX L.:3 2 1946) MILLI SCHEER Contracts Representative ': d P�: ,• n :, ,,..yr''tki + ai�S�;4s*ti.«!t • J. A. ANTHONY DIRECTOR•CONTRACTS 8 JOINT FACILITIES D. D. BROWN DIRECTOR -REAL ESTATE J. L. HAWKINS DIRECTOR-OPERATIONS SUPPORT D. H. LIGHTWINE DIRECTOR•REAL ESTATE W. R. ULRICH DIRECTOR-FACILITY MANAGEMENT PRX 880805 809558.PRX Form Approved, AVP -Law PRIVATE ROAD CROSSING AGREEMENT i' ' G THIS AGREEMENT is made this /3 day of UN�, , 199'4, �y by and between UNION PACIFIC RAILROAD COMPANY (hereinafter "Licensor"), and MCLEOD DEVELOPMENT COMPANY whose address is 213 Lake Street South, Kirkland, Washington 98033 (hereinafter "Licensee "). RECITALS: The Licensee desires the construction, maintenance and use of a private road crossing (hereinafter "Road Crossing "), consisting of paved roadway approaches, a 33- foot -wide concrete crossing surface and all appurtenances thereto, including but not limited to any flashing light signals and gates, stop signs or identification signs, drainage facilities, on, over, and across the Licensor's right -of -way and main track at M.P. 172.09, Seattle Subdivision, at or near Tukwila in King County, Washington, in the location shown on the attached print dated August 12, 1993, marked Exhibit A -1 and as shown on the attached signal design drawing dated October 10, 1990, marked Exhibit A -2. The Licensor is willing to grant the Licensee the right to cross its right -of -way and tracks at the location shown on Exhibit A -1 for the purpose of providing private access to certain real property described on Exhibit C, attached hereto, subject to the terms set forth below. NOW, THEREFORE, the parties agree as follows: Article 1. LICENSOR GRANTS RIGHT. A. The Licensor grants the Licensee the right to cross its right -of -way and tracks at the location shown on Exhibit A subject to the terms set forth herein and in the attached Exhibit B, together with the right of entry to control and remove from the Licensor's right -of -way, on each side of the Road Crossing, weeds and vegetation which may obstruct the view of motorists approaching the crossing area to any trains that may also be approaching the crossing area. In consideration of the license and permission granted herein, the Licensee agrees to observe and abide by the terms and conditions of this Agreement and to pay to the Licensor a license fee of $1,650.00 payable annually in advance and an administrative fee of $500.00 upon the execution of this Agreement. r�t:i� y:* FI?� ,�+'•`;.:o-i�iif:klc;n.N��3liAy :+�w 04 4 Articles of Agreement Page 1 of 4 B. Effective on or about the fifth anniversary of this Agreement and on or after the anniversary day of each subsequent five -year period, the Licensor may re- evaluate the base upon which the license fee is computed. Changes in the license fee may be made by automatic adjustment in billing only once during each successive five - year period and shall not be applied retroactively. Licensor agrees that any increase in the license fee shall not exceed twenty -five percent (25 %) at any one time. Article 2. CONSTRUCTION OF ROAD CROSSING. A. The Licensor «gill furnish the materials for and install the portion of the Road Crossing lying between the rails of the tracks and for one (1) foot on the outside of each rail and will furnish and install flashing lights and gates and identification signs on each side of the crossing and raise, or cause to be raised, any interfering wireline of Licensor at a cost to the Licensee of One Hundred Sixteen Thousand Fifty -three Dollars ($116,053.00) B. The Licensee, at its own expense, will construct and perform grading and surfacing work for the remaining portion of the Road Crossing and install any and all appurtenant gates, drainage facilities, traffic signs, or traffic devices shown on Exhibit A -2. The construction work shall be done to the satisfaction of the Licensor. C. The Licensee agrees to notify the Licensor's representative at least 48 hours in advance of commencing any work in which any person or equipment will be within 25 feet of any track. Article 3. MAINTENANCE OF WARNING DEVICES. The Licensor shall maintain, repair and replace the warning devices installed hereunder at a cost to the Licensee of $4,000.00, payable annually in advance beginning on the date the warning devices are placed in service. The Licensor reserves the right to adjust the maintenance fee to reflect actual costs incurred by the Licensor in maintaining the warning devices. Article 4. LIABILITY INSURANCE. A. The Licensee shall provide the Licensor with a certificate issued by the insurance carrier providing the insurance coverage required pursuant to Exhibit B - of this agreement in a policy which contains the following type endorsement: Articles of Agreement Page 2 of 4 s1- w Et 2 00 cn w U) w w u.Q = cn w z zI- w o U 0- o i-- w W /21 ..z 0- z "Union Pacific Railroad is named as additional insured with respect to all liabilities arising out. of Insured's (as Licensee) construction, maintenance and use of the road crossing on Licensor's property." Licensee WARRANTS that this Agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/ broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. B. All insurance correspondence shall be directed to: Union Pacific Railroad Company, 1416 Dodge Street, Room 1100, Omaha, Nebraska 68179, with reference to Folder No. 809558. Article 5. TERM. This Agreement shall be effective as of the date first herein written, and shall continue in full force and effect until terminated as provided in Exhibit B. Article 6. SPECIAL PROVISIONS. A. Flashing lights and gates are required for this Road Crossing. If the Licensee desires to use the Road Crossing in advance of the installation of the flashing lights and gates, the Licensor's flagman shall be required to stop vehicular and pedestrian traffic. In addition, no work of any kind shall be performed, and no person, equipment, machinery, tools, materials or vehicles shall be located, operated, placed or stored within twenty -five (25) feet of any of Licensor's tracks at any time, for any reason, unless and until Licensor's flagman is provided to watch for trains. All expenses connected with the furnishing of said flagman shall be at the sole cost and expense of the Licensee, who shall promptly pay to the Licensor all charges connected therewith within thirty (30) days after presentation of a bill therefor. Arrangements for flagging are to be made at least seventy -two (72) hours in advance by contacting the Licensor's Manager -Track Maintenance at (206) 764 -1467. B. Any gates that are required to be installed hereunder shall be kept locked on nonoperational days. Gates shall be kept open on operational days, which include move -in days, move -out days, event days and delivery days. Licensor and Licensee shall be permitted to install locks on the gates and have mutual independent access through same. C. If at any time the Licensor is of the opinion that. the Road Crossing is being used without due regard and precaution for safety, Licensee will at the Licensor's request immediately suspend use of the Road Crossing until it adopts adequate and Articles of Agreement Page 3 of 4 z ~ w 6 00 U o J N LL w • . � c5 = z � F- 0 w uj UCI O N o I- w W ..z U= z proper protective measures that are approved by the Licensor. D. In addition to the termination provisions set forth in Exhibit B, the Licensor agrees to provide a copy of any default notice to Licensee's lender if Licensor has received written notice of such lender's name and address. Licensor agrees to accept a cure of default from such lender. Such lender shall have sixty (60) days after receipt of notice of default to cure such default. Nothing herein shall require any lender to cure any default. E. In addition to the assignment provisions set forth in Exhibit B, and upon written consent of the Licensor, the Licensee may assign its rights hereunder to any lender in connection with any grant of a security interest in Licensee's property. Any mortgagee acquiring Licensee's estate pursuant to foreclosure may sell and assign such estate and Licensor's interest hereunder, PROVIDED that such assignee agrees to assume Licensee's obligations hereunder. F. In the event the Licensor elects to terminate this Agreement as provided for herein and require the removal of the Road Crossing covered by this Agreement, the Licensor is agreeable to the installation of a grade separation structure under the Licensor's right -of -way (hereinafter "Underpass "), at no cost to Licensor, subject to Licensor's review and approval of any plans submitted therefor. Installation of the Underpass would be covered under a separate agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first herein written. .2.��(:t2. ry:vaPJtr:rI:C l a: + }.t„s N. t+} i•✓. tiRb: e:}^ L..l fL t�7K4�V 'L'.�'.'�I Witness: Articles of Agreement Page 4 of 4 UNION PACIFIC RAILROAD COMPANY By Title: 3 irector- Contracts and Joint Uacilities MCLEOD DEVELOPMENT COMPANY By Title: / cs%c, 18690 z aC I w ce 0 00 � w J F • LL w o LQ co I z ►— o w n U to O — o 1- w w � r U w z U = 17- �- z Cr) r Cr) co C661 'Z 151111 SuirscuD peat( amp,/ ioJ .00 Itratudoptua po-p Tm ltnuzzaar Atrydwoms ol, uol2uryssm lurnoo Sum ~eiworni uoitimixing ;pi gn - 6OtL1 (11AI 'co ayorirvg OI313ViI NOINII .1-V. 1_111IHX3 LO • • • -7.1a • IE w I NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. A 40 foot acess and utility easement lying 20 feet each side of the following described line: Beginning at the southeast corner of Lot 2 of Short Plat 084 -85 filed with the City of Renton under Recording Number 8702039008. Thence N01 °21'49 "W along the east line of said short plat 219.98 feet to the centerline of Tract "X "; Thence easterly along a curve to the left whose radius is 1000 feet and bears Ni °39'24 "E through a central angle of 4°28'02" and an arc length of 77.91 feet; Thence continuing easterly along a curve to the right whose radius equals 1000 feet and bears S02 °48'38 "E through a central angle of 1°15'51" and an arc length of 22.06 feet to the True Point of Beginning of this description; Thence continuing easterly along last mentioned curve through a central angle of 4°18'06" an arc length of 75.08 feet to a point on a line 180.00 feet south of the south line of the Henry A. Meader Donation Land Claim No. 46; Thence N87° 14`40 "W parallel to said south line 28.70 feet to the east margin of the Union Pacific Railroad Co. LOT l SH. PL- 084 -85 BLVD. LOT$ c co i c . MEADER NO.46 II II 11 11 EXHIBIT "A -1" Page 2 of 2 L SCALE 1" =100' +4; z ,}-w � 00 C o CO III � u_ w 0 � co =w Z � i-- 0 Z ~ uj U 0— 0 F w w 2 H - . LL' O .Z U= 0 ~ z O O w GROUNDING LAYOUT CATS A.2r catC e.20' P.S. 1774' 27 SEC. • 45 PL?X _ = _ . 4` X SW' STEEL PIPE LIGHTS. A L 1 1 34P/ILY A L D e.e 7TE 1650 NOTES' rh COIIIECT TO HEAVY DUTY CONTACTS. SHOW CONTACT PARADERS IF DIFFERENT THAN SHOWN, SHOW HEAVY DUTY CONTACTS & RELAY RES. v DIFFERENT THAN SHOWN, ® • TWISTED WIRES ALL TRACK WIRES 2C.•6 INSLLATID t TWIST PER FT. BRONZE SHIELD TAPE POLYETHYLENE AAOcET UNLESS OTHERWISE SPECIFIED. TTIAHSIITTER AND RECEIVER LEADS TO DE SEPARATED DT AT LEAST 12`114 TRENCH, LENGTHS SNCLL,D NOT EXCEED MAPAOACTURER'S RECOA'HFUOA1IOH. TOP Of FOINCATION TO DC AT SANE £IXVAT5ON AS TIE SURFACE OF TIE TRAVELED WAY & MO MORE TIUN 4' ABOVE THE SUJWACE OF TIE T710UC. AU. BUNGALOW WIRING TO DE •16 MESS OTHERWISE SPECIFIED. ALL LIGI4TS TO BE 12' ROUCEJ.S. N4-O--PS T2 TI • r I ( • , I d' H M 4.0012 3614 25' 2S' Sr i 4 i .* q. F • s' •--- S•` • R1 111 1774' 27 SEC. • 15 NAM. 13054 Ills IEI ® WO. rww RR — M� 1717 LWI EXHIBIT "A -2" UNION PACIFIC RAILROAD CO. M.P. 172.09 — SEATTLE SUBDIVN. TUKWILA, KING COUNTY, WASHINGTON t'RIVATE ROAD CROSSING FOR MCLEOD DEVELOPMENT COMPANY DATE: OCTOBER 10, 1990 Kt. Em p0 BE. w DC D . A.•• AFT. 12. ••7•I17011.I T •20.0 -R P S. 71D ---.I CONSTETUCTICK NOTE RETIRE Is' PVT. CROSSING AT 1•.172.13 TO ALTURA UNION PACIFIC RAILROAD SEATTLE. WASHINGTON TO RESERVATION. WASHINGTON C.T.0 CIRCUITS GRIN fr fl n' fMi TUCVILA. WA PVT. WING •44E00 DC.J ILP.172A1 SEATTLE SUDOIYISION 0.0.1.• PAW • COM& NOW es-c4L— OATS Jo-44- PEEP I d T DWG 172,01 9 -5074C ICCPCT.1 7 -31•!1 Z _l- Z U0 TA 0 U W N LL 0 • Q I • d F- z z0 W ui U � 0 — C3 F-- W W I ~ r _ LI LLI - _ 0 z PRit 886805 PRE 880806 PR" &E 880807 CRS. 940408 FORM C Licensee and /or its Contractor /Subcontractor shall, Contractor's /Subcontractor's sole cost and expense, procure and promptly pay when due all premiums for that insurance. have the right to obtain such insurance and Licensee shall that expense. The following insurance shall be kept in Agreement. Page 1 of 1 L:VOPMXL=Er=.x o EXHIBIT B -1 Large Commercial, Industrial, Contractors Private Grade Crossing and /or Encroachment Contractor's Road Crossing Insurance Requirements at its own and /or its the following kinds of insurance If it so elects, Licensor shall promptly reimburse Licensor for force during the life of this General Public Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of at least $4,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, Broad Form Property Damage, a waiver of governmental immunity (ISO Form GL 24 14 or equivalent), coverage for construction or demolition work on or near the railroad tracks, severability of interests and name Licensor as an additional insured with respect to all liabilities arising out of Licensee's obligation to Licensor in the Agreement. If coverage is purchased on a "claims made" basis it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked should insurance covering the time period of this Agreement be cancelled. Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and non - owned, mobile equipment to the extent it may be excluded from general liability insurance, severability of interests and name Licensor as an additional insured with respect to all liabilities arising out of Licensee's obligation to Licensor in the Agreement. Worker's Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability. Also compliance with all laws of states which require participation in their state workers' compensation fund. The Licensee and /or its Contractor /Subcontractor hereby waives its right of subrogation, as respects the above insurance policy(ies), against Licensor for payments made to or on behalf of employees of Licensee or its agents and for loss of its owned or leased property or property under its care, custody and control while on or near Licensor's right -of -way or other real property. Licensee's and /or its Contractor's /Subcontractor's insurance shall be primary with respect to any insurance carrier by Licensor. Licensee and /or its Contractor /Subcontractor shall furnish to Licensor certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance company(ies) issuing such policy(ies) shall notify Licensor in writing at least thirty (30) days prior to making any material alteration, including any change in the retroactive date in any "claims- made" policies or substantial reduction of aggregate limits (if such limits apply), or cancellation of any policy(ies). The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to Licensor or with a current Best's Insurance Guide Rating of B and Class VII or better. Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. I'iZX• 880805. A Form Approved, AVP -law EXHIBIT B SECTION 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The rights granted to the Licensee are subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire railroad right of way, and are also subject to the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics or other wire lines, pipelines and other facilities upon, along or across any or all parts of said right of way, any of which may be freely done at any time by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The Licensee's rights are also subject to all outstanding superior rights (including those in favor of licensees, lessees of said right of way, and others) and the right of the Licensor to renew and extend the same. and are granted without covenant of title or quiet enjoyment. (c) It is expressly stipulated that the Road Crossing is to be a strictly private one and is not intended for public use. The Licensee, without expense to the Licensor, will take any and all necessary action to preserve the private character of the Road Crossing and prevent its use as a public road. • SECTION Z. MAINTENANCE AND USE. (a) The Licensor, at the sole expense of the Licensee. shall maintain the portion of the Road Crossing lying between• the rails of the tracks and for one (1) foot on the outside of each rail; provided, however, that such maintenance work shall be limited to that required for the safe and efficient operation of its tracks, and such other maintenance as the Licensor has agreed to perform on specific request of the Licensee. The Licensee, at its own expense, shall maintain the remaining portion of the Road Crossing and shall keep the rail flangeways clear of obstructions. (b) The Licensee shall, at its sole expense. maintain, repair, renew and replace any gates, cattle guards, drainage facilities, traffic signs or devices, identification signs approved by the Licensor or other appurtenances shown on Exhibit 'A'. The Licensee shall, at its own expense, install and thereafter maintain any such appurtenances that may subsequently be required by the Licensor, by law, or by any public authority having jurisdiction. The Licensee shall control vegetation along the right of way on each side of the crossing so that the Licensee's line of sight to approaching trains is not impaired or obstructed by vegetation. All work performed by the Licensee on the right of way shall be done to the satisfaction of the Licensor. (c) The Licensee shall require all vehicles approaching the crossing to stop a safe distance from the tracks before crossing the tracks. The Licensee shall keep any gate affording access to the Road Crossing closed and locked at all times except during the tine of actual passage through it onto or.from the Road Crossing. The Licensee shall not do, suffer or permit anything which will or may obstruct, endanger or interfere with, hinder or delay the maintenance and operation of the Licensor's railroad tracks or appurtenant facilities or the facilities or equipment of others lawfully using the Licensor's property. The Licensee shall adequately supervise and police use of said Road Crossing so that no person, vehicle or livestock stops or stands on the Licensor's tracks or attempts to cross the Licensor's railroad tracks when a railroad train, engine, equipment, or car is approaching or occupying the Road Crossing. j SECTION 3. MODIFICATION OR RELOCATION OF ROAD CROSSING. (a) Whenever the Licensor deems it necessary or desirable in the furtherance of its railroad operating requirements or for the improvement and use of its property to modify or relocate the Road Crossing: (1) the Licensor shall, at the sole expense of the Licensee, modify or move the portion of the Road Crossing lying between the rails of the tracks and for one (1) foot on the outside of each rail; and (2) the Licensee shall, at the Licensee's sole expense, modify or move the remaining portion of the Road Crossing and the appurtenances thereto. (b) All the terms of this agreement shall govern the continued maintenance and use of the Road Crossing as modified or relocated pursuant to this section. SECTION 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Licensee shall telephone the Licensor at '1-800 -336 -9193 (a 24 -hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensor's premises. (b) In addition to the liability terms elsewhere in this Agreement, the Licensee shall indemnify and hold the Licensor harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorneys' fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the Licensee, its contractor, EXHIBIT B Page 1 of 2 L:\FORMS \W7.$ \049S11.EXa :rt Z = Z ~ W UO co ci U) W J F- • tL W O 22 d = W 1— I Z {- Z 0 U ON C] 1— WW H LL' O .Z W = O ~ Z tPPX.•880805 A Form Approved, AVP -Law age.. - and /or employees, that causes or in any way or degree contributes to (1) any damage to or destruction of any telecommunications system by the Licensee, and /or its contractor, agents and /or employees, on Licenser's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and /or its contractor, agents and /or employees, on Licenser's property, and /or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(ies). SECTION 5. INDEMNITY. The Licensee assumes the risk of and shall indemnify and hold harmless the Licensor and other railroad companies which use the property of the Licensor, their officers, agents and employees, against and from any and all loss, damages, claims, demands, actions, causes of action, costs, attorneys' fees, fines, penalties and expenses of whatsoever nature (hereinafter "Loss ") which may result from: (1) injury to or death of persons whomsoever, (including officers, agents and employees of the Licensor and of the Licensee, as well as other persons); (2) loss of or damage to property whatsoever (including damage to property of or in the custody of the Licensee and damage to the roadbed, tracks, equipment or other property of or in the custody of the Licenser and such other railroad companies, as well as other property); or (3) the Licensee's failure to comply with any federal, state or local law, regulation, or enactment; when such Loss is due to or arises in connection with or as a result of: (a) EXHIBIT B Page 2 of 2 L: \TORK3\MANCw a 3 SN. D® the construction of the Road Crossing: (b) any work done by. the Licensee on or in connection with the Road Crossing; (c) the use of said Road Crossing by the Licensee, or the officers, agents, employees, patrons or invitees of the • Licensee, or by any other person; (d) the use of said Road Crossing by the Licensee's successors or assigns or the officers, agents, employees, patrons or invitees of the Licensee's successors or assigns until the Licensee either complies with the provisions of Section 8 or terminates the agreement as provided in Section 6; or (e) the breach of any covenant or obligation assumed by or imposed on the Licensee pursuant to this agreement. or the failure of the Licensee to promptly and fully do any act or work for which the Licensee is responsible pursuant to this agreement;' regardless of whether such Loss is caused solely or contributed to in part by the negligence of the Licensor, its officers, agents or employees. SECTION 6. TERMINATION ON BREACH OR ON NOTICE. (a) It Is agreed that the breach of any covenant, stipulation or condition herein contained to be kept and performed by the Licensee shall, at the option of the Licensor, forthwith work a termination of this agreement and all rights of the Licensee hereunder. A waiver by the Licensor of a breach by the Licensee of any covenant or condition of this agreement shall not impair the right of the Licensor to avail itself of any subsequent breach thereof. 4 (b) This agreement may be terminated by either party on thirty (30) days' written notice to the other party. SECTION 7. REMOVAL OF ROAD CROSSING. (a) Upon termination of this agreement howsoever, the Licensor shall, at the sole expense of the Licensee, remove said Road Crossing and restore the premises of the Licensor to a condition comparable to that existing immediately prior to the construction of said Road Crossing. (b) In the event of the removal of the Road Crossing as in this section provided, the Licensor shall not be liable to the Licensee for any damage sustained by the Licensee for or on account of such removal, and such removal shall not prejudice or impair any right of action for damage, or otherwise, which the Licensor may have. against the Licensee. SECTION 8. ASSIGNMENT. The Licensee shall not assign this agreement, or any interest therein to any purchaser, lessee or other holder of the property served by the crossing or to any other person, without the written consent of the Licensor. If the Licensee fails to secure the Licensor's consent to any assignment, the Licensee will continue to be responsible for obligations and liabilities assumed herein. SECTION 9. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 8 hereof, this agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns. mime 6255262 5003 4 EASEMENT tne Grantor, GLACIER PARK COMPANY, a Minnesota corpo a (nereinafter called the "Owner, ") for and in consideration cf tne sum of Two Thousand Five dundred Dollars ($2,500.00) to it in nand paid, receipt wnereof is hereby acknowledged, subject to the reservations and conditions nerein set forth does hereby yranc to Lhe MU_JICIPALITY OF METROPOLITAN SEATTLE, a municipal corporation of tne state of Washington (nereinafter called 'Metro "), Grantee, an easement for tnr construction, .aintenance, and operation cf a sewer line under and across one following property situated at cr near Renton. King County, Washington, to -wit: A portion of the tfenry Meader Donation Claim No. 4o, also a portion of Government Lot 9, also a portion of tne NE 1/4 and the NW 1/4, all in Section 25, Township 23 North, Ranye 4 d. ,:.:d. , also a portion of tne NW 1/4 of section 30, 'iownsnip 23 Nortn, Ranye 5 E.w.M., all in King County, ',%asninyton, being more particularly described as follows: 1. A permanent easement on a strip of land 15 feet in widen cuing 7 -1/2 feet on each side of the following described centerline: beginning at a point on the soutn margin of tne City of Seattle's Bow Lake Pipeline right of way distant la feet easterly, as measured at rignt angles from the northerly extension in a straight line cf the west line of Government Lot 9 of said Section 25; tnence south O1 ° 01'04" west parallel with said west line of Government Lot 9 and one west Line of the southeast quarter of tne northeast quarter of said Section 25 to a point 414.43' southerly of tne north line of said SE 1/4 NE 1/4 of Section 25 as measured along said centerline. The last described point being nerein- after referred to as Point "A "; also 2. A permanent easement on a strip of land LO feet in with veiny 5 feet on eacn side of the following described center - Line: Beginning at tne above described Point "A"; thence south dd ° 25'03" east (said course being witnin the proposed rignt of way for Soutn lb5th Street) a distance o.f 3b07 feet more or less to the west line of 92nd Avenue south, also known as Primary state dlyhway No. 5, except any portion cnereof lying witnin the limits of the drainage ditch be- longing to Drainage District No. 1; also J. A permanen, easement on a strip of land 10 feet in width being a feet on eacn side ..f the following described centerline: trSA<raasaiW • RECEIV PFC 3 1 2001 D EVELOPME NT COMMUNITY beginning at a point on the centerline of the permanent easement described in paragraph 1 of this description 949.24 feet northerly of the above described Point "A" as measured along said centerline; thence north 87 ° 22'12" west 2,273.13 feet, more or less, to a line parallel with and 12 feet easterly of the east right of way line of the C.M.St.P. & P. R.R. Co.; thence southerly parallel and concentric with said east right of way line 567.31 feet; thence south 82'15'55" west to said east right of way line, except any portion thereof which lies within the Northern Pacific Railway Company's right of way. Containing in all 86,870 square feet or approximately 2 acres. All as more particularly shown outlined in green on Exhibit A attached hereto and made a part hereof. Tnis easement is made subject to the terms and conditions of t ;sat certain agreement entered into between the Owner and Metro dated the :7: day of 0• .i.:•r , 1967, and the following express conditions: 1. The Owner, its successors and assigns reserves tne right to use tne property nereinbefore described for any and all purposes not inconsistent with the easement hereby granted, in- cluding but not limited to the right to construct, maintain, repair, renew, reconstruct, replace, and operate railroad tracks and other related facilities, streets, utilities, and other facilities which tne Owner may deem necessary or expedient. Rights reserved snail De so exercised as not to damage or interfere with the sewer line or any part thereof, except as otherwise may be provided herein. 2. This easement is subject to existing interest in the premises of whatsoever nature and any and all extensions and renewals tnereof. 3. Metro snail not use the property granted by this ease- ment for any other purposes and shall not grant to any other 2 z z cC W QQ � J U 00 U) u.1 J H W O gQ co = a Z = I- O Z U O N D I- WW H � �" O W z = 17- - ~ z , persons or organizations whatsoever, including public and private utilities and transportation companies, permission to maintain any facilities on any portion of the premises described in this ease- ment. The right to grant such permits is reserved to the Owner; provided such permits shall not be granted where to do so would interfere with the use of the premises by Metro as herein provided. 4. In event of vacation or abardonment or termination of tnis easement by good cause shown, the Owner shall thenceforth nold title to its property free and clear of the easement hereby granted and may, at its option, re- enter, retake, and hold said land and premises as the present estate, without compensation to Metro, the public or any other person whomsoever for improvements or property removed, taken or destroyed or liability for loss of or damage to any premises or the improvements thereon abutting said sewer Line or any part thereof. 5. Metro agrees to indemnify and save harmless the Owner of and from any and all loss, liability, cost or expense in connection with the construction, maintenance and operation of the sewer pipeline for which this easement is granted. IN WITNESS WHEREOF, the Grantor causes this instrument to cuted by its proper officers and its corporate seal to be � ` �• be tj{tj1r QPtixed this the _7::. day of , 1967. ., , : , . _ `,`o0R A 4 M.y • •• • 1; .ILL;:�c. Li .t• _ V1; 7Pr_•:.id•... _ ` Atteet: S „ n: ti r: oTATE OF MINNESOTA County of Ramsey ss On cr.is :7.... day of 0, '.ui7• :r , 1967, J. R. Sov - ., pers.. ::ally appeared before me 3 R E C DEC 3 2001 COMMUNITY DEVELOPMENT GLACIER PARK COMPANY By • g. 4- -- G. F. Steinhibel , to me known to be the anci a = .� W 6 U O COO U)11.1 -i H N U W co a = W Z f- ZI LL! uj U 0 O N D I— W W H r . lL O .Z U = : O ~ Z RECEIVED DEC 3 1 2001 COMMUNITY DEVELOPMENT virr President and Asst. Secretary, respsctively, of Glacier Park Company, the corporation that executed the within and foregoing instrument, and acknowledged the 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 they were authorized to execute said instrument, and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal the day and year in this certificate first above written. ,, �I�MNN Filed for P.eccrd LWj 02-5 194;7 R�cu�•; • r ... • • .I5. County Aqabor 2 hef Notary " I/ c in an for t e State of Minneaot esiding at St. Paul M;• Commission Expires January 1 3, 1973 4 6384960 glacier park company city of seattle of the State of Washington,. (hereinafter celled "Hatton), Grantee, an easeaeat for the construction, asintanance and operation of a sever line under and across the following property situated at or ,.. , tICA r aenton, King County,-Wiuthington,*ra-vit, • •`-' ..••••'' .•••4 ..... ... This ;eesen sad. subjadt!lit,..tlia tern; and condition's of :..hat .iiirtain.e,greasoent ontired;fite;•liaaan the Owner and Matra --,.: • ...' :"•.;','j.i;'.".....*:' . ''. • . dar.:.-1 the 6th day of JenuarY i9411, iauf.tha following express .: . '• . ' ' • .4,-'• - • • COnditione:••' ..,• • - .,• . . . . . t .; i • • ., •r. )... - I. . • ._ ..._ _._._. ... 1... :the owner :100 4i 4"Is1ill reserves the t14"._•...to..... . . T • use' the propt- ;y•bers iiiiwfora any and all purposes not t.. - ' Lai:auks cent ulth : the .easenosi•tliiiiiiyfireihtd, including but not -.. . - ••••!........:It 71 A ..%:;1. . :. ••-• I ••••1•1•14., ••• •:..; • • - 1 • ' 'IF •• .. i': • ...... ''':, •f.. Baited to . des right to cone truce , WO Ate,' tepeir , renew; iic(ala true t ,,. • : A portion ofT•overnaent Lot 11,..pactiOn 25, Township 23 . .. . frotthSange .4 'Last.' W.ii., ',Ling CoUnty, Washington, said . portion being the a-este:1y 4 faat.at the westerly 21 feet of the southerly 567.34 feet of ,• aortherly • .. 61481 feet'of that pott. eksjoiel 'Go:violent 11 - • • • lying easterly of tat cltglItC4isk Y:Of.. tbaCulkeic • • .•• ' a lii,lusidate. St. nul sod. ficcifW,141.1toed Coupany right • ... :. : • ,.. •• • •'•• of :way; .' • ' - • • ' • •••• • • ' 7 D ;V • z ii- .1— Z LLI —I c-) 00 CO COW W LL —J CO t 0 g 5 u- < ci) a I— Z i-0 Z I- c i- W W I 0 - 0 z o 6384960 utilities m imams V agescf.' ibi • Coiitoe ceases this laitrosxat to be • rsetetO114 its l sorer .affiaati-imi. " =ts•eoiperata seat to be Mrraato .ftiz4 this the Ath asp or Jure to m bears! to, b4a the •:V lee. President _ . _.. ':.: ! {.respectively, of ..CUACIzRAiR[Qattairl, the, cq tis r-thsr executed- the ' * sod fottzolat lastiarsati and aekeeiti b tta- ba.1Claatrusani to bl.. ' • • the.lrss:aad ;o1 tas eorporattto, for tfis _ usaa• aOL;p�stposa4'therait'Medtieisd e o oft'oath stator that they •' vsri`• to-tsaarta•.aii t:414 t, and that 't';c scat `afliss4•Ya the •corporate•sial otUtd torporatioe.•< .••• iiri1iESS lay hand 'tad' offfettl!seaithe air/ ind Year i '• n'this • certifitata''first above prttan:r.;•.•..:••r;; 8304250790 GLACIER PARK LIQUIDATING CO:IIPA LAW DIVISION SEATTLE, WASHINGTON WASHINGTON CONFIRMATION S O 0) GRANTOR, GLACIER PARK LIQUIDATING COMPANY, a Minnesota corporation, (formerly named Glacier Park Company and Glacier Park Hotel Company), whose General Office address is 1111 Third Avenue, Suite 1000, Seattle, Washington � 98101, a wholly owned subsidiary corporation of Burlington Northern cv Inc., (successor in interest and title by merger to Monad Company, Cuyuna Realty Company and St. Louis tt4 and Kansas City Land Company, successor in interest and title to Washington and Great Northern 0 Townsite Company, and Somers Lumber Company formerly named John O'Brien I'umber Company), in confirmation for record of a distribution of its properties, including the "premises ", hereinafter CO described, made January 4, 1982, by the Grantor named herein for no consideration and without as- sumption of liabilities unto its sole shareholder Burlington Northern Inc., and in confirmation for record of a contemporaneous contribution of certain of said properties so received including the "premises" hereinafter described made by Burlington Northern Inc., for no consideration and without assumption of liabilities to the capital structure of the Grantee named herein, DOES HEREBY CON- VEY AND WARRANT unto GRANTEE, BURLINGTON NORTHERN RAILROAD PROPERTIES INC., a Del- aware corporation, a wholly owned subsidiary of Burlington Northern Railroad Company, a wholly owned subsidiary company of Burlington Northern Inc., whose general office address is 176 East Fifth Street, Room 1018, Saint Paul, Minnesota 55101, all of GRANTOR'S right, title and interest, legal and equitable, whatsoever, in and to the real property, the water and water rights whether surface, subsurface, solid, liquid or vapor, the personal property if any, the tenements, hereditaments and ap- purtenances subject to the encumbrances thereon including but not limited to those described herein and in the attached Description of Property, (collectively "premises "). ..TO HAVE ''AD'.•'. NTO 'HOLD all and singular said premises unto GRANTEE its 'successors and • .:'1`f -i- assigns FOREVER,k:A-; • • '.,, : • (s ,. ".•AND.FUR'1HER ;except, as ,ptherwise stated. in said Description, of, Property,._ GRANTOR, for • -.::• .. i. itself and its successors, does hereby covenant with GRANTEE, its successors and assigns, that GRANTOR' •'•`•"'. has not made, done, executed or suffered any act or thing whatsoever whereby said premises, or any part thereof, now are, or at any time hereafter shall or may be, imperiled, charged or encumbered in any manner whatsoever, AND subject to said encumbrances the title to the said premises against all persons lawfully claiming same from, by, through or under GRANTOR, GRANTOR WILL WARRANT AND ., DEFEND. IN WITNESS WHEREOF, the GRANTOR has caused this instrument to be executed by its proper officers duly authorized this 2nd day of August 1982. (Impression of the Corporate Pv Seal of Glacier Park Liquidating Robert L. Bartholic'. Company a Minnesota corporation) • Vice President STATE OF WASHINGTON COUNTY OF KING es The foregoing instrument was acknowledged before me this 2nd day of August 1982, by ROBERT L. BARTHOLIC AND CAROLINE E. THOMA, a Vice President and an Assistant Secretary re- spectively .of-G> CIER PARK LIQUIDATING COMPANY, a Minnesota corporation, for and on "behalf of the co poration. (Impression of Notarial Seal) . G COUNTY NO KIN EXCISE TAX APR 2 51983 K0717273 GLACIER PARK LIQUIDATING COMPANY Attes Page 1 of 8 Pages Caroline E. Thoma Assistant Secretary 83/04/25 40790 B RECD F 14.50 CRSHEL ** *14.50 22 r 1 14 P,i�1ct. ` ' !R/.LPat t4 1.0 .ETTA U. ROSEND , Notary Public In and for the State of Washington, Residing in Seattle, Washington My commission expires April 28, 1886 Executed in of' which thi s 1 W ED DEC 3 12001 Dg9, EED NO. BNRRPI. ? rl Ttl•! a /'r. 2 2 0 0 . 2 Conveyancing, State Deed Tax, Excise 'fax, etc. Due Hereon: None. Unless otherwise directed, Real Property Taxes for the within descr':•,ed real property of GRANTEE should be sent to: Burlington Northern Railroad Properties Inc. c/o Property Tax Division Burlington Northern Railroad Company 208 Central Building 810 Third Avenue Seattle, Washington 98104 This Instrument was Drafted By: ROBERT L. BARTHOLIC Attorney- at-Law Vice President -Law Glacier Park Liquidating Company 1111 Third Avenue, Suite 1000 Seattle, Washington 98101 (206) 626 -6569 When Recording is Complete Please Return To: • Director, Property Management • Burlington Northers Railroad Properties Inc. Room 1018. RN Building 176 East Fifth Street Saint Paul. MN 55101 Paga 2 of 8 Pay • RECEIVED DEC 3 1 2001 COMMUNITY DEVELOPMENT • • • Argsmobaraaameasaitmotema of Washington, to -wit: DEC 3 1 2001 TO DEVELOPMENT WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. BNRRPI -35A DATED AUGUST 2, 1982 DESCRIPTION OF PROPERTY I MIGRZPVIONait011aSYNtireltAMAn RECEIVED Description of the real property, the personal property if any, the hereditaments and O appurtenances, and the encumbrances thereon, conveyed and warranted by that certain O ea t Confirmation Special Warranty Deed above referred to, of which this Description of Property O is a part, made by GRANTOR, GLACIER PARK LIQUIDATING COMPANY and running in.favor of GRANTEE, BURLINGTON NORTHERN RAILROAD PROPERTIES INC. situate in the County of King, State PARCEL I A parcel of property situated in the Southeast Quarter of the Southwest.'Quarter (SE} SW}), Northeast:Quarter::of.the Southwest Quarter (NE} SW}),' Northwest•• Quarter of •the•Southeast;Quarter (NW} SE }); Northeast Quarter; • 11; Section'25; ifidi,Wthe.Northeast Quarter of the Northwest-Quarter (NE - NWIY Section 36, all in'Township 23 North Range 4 East'of the Willamette • Meridian, more Particularly described as follows: . Commencing at•the said Section 25; thence North'1° 13' 19" East a distance of 545.6 feet to the true point of beginning of said parcel to be described; thence Easterly.parallel with and distant 545.6 said Section 25 to the point of intersection with the East line of said Southwest Quarter of the'Norzheast'Quarter (SWI NE); thence North 1° 01' 19" East along said East line of said Southwest Quarter Northeast Quarter (SW* NEI) and the East line of said Government Lot 9 . Bow* Lake Pipeline Rigtit Northeasterly and Easterly. Along said South margin to the'Westerly line of the drainage cana4:Drainage District No.-1, King County, said point also distant 20 feet Westerly' measured at right angles to the East line of said Section 25; thence ' SoUth'0°:49 10" West a distance of 165.00 feet; North 87°.:12 59" West a distance of 1026.07 feet; thence South 1° 01' 19" West a' ' distance of 1095.58 feet; thence South 1° 01' 49" West a distance of 845.23 feet; thence Southwesterly along a curve to the right, concave Northwesterly, having a radius of 283.24 feet and a bearing of South 88° 24' 48" East, having a delta angle of 82° 44' 56" and an arc distance of 409.17 feet; thence South 88° 57' 39" East a distance of 11.73 feet to the point of intersection with the West line of said Southwest Quarter of the Northeast Quarter (SWI NEI); thence South 1° 30' 31" West along said West line of said Southwest Quarter of the Northeast Quarter (SWI NEI) and the West line of said Northwest Quarter of the Southeast Quarter (NEI SEI) of said Section 25, a distance of 1570.71 feet to the Southeast corner of said Northwest Quarter of the Southeast Quarter (NWI SEI); thence North 87° 44' 27" West along the south line of said Northwest Quarter of the Southeast Quarter (NWI SEA) a distance of 1623.78 feet to a point distant 317.0 feet Easterly 3 c: P . 7t Ora RECEIVED DESCRIPTION OF PROPERTY CONTINUED DEC 3 1 Z001 COMMUNITY WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. B P. WAO P M E NT TO DATED AUGUST 2, 1982 measured at right angles to Burlington Northern Railroad Company's old main line track centerline as now located and constructed, said old main line track centerline being the most Westerly track; thence South 2° 07' 11" West a distance of 1302.51 "feet to the point of intersection with the South line of said Section 25;'thence South 87° 31' 08" East along said South line of•said Section•25.a distance of 69.20 feet to a point distant 386.20 feet Easterly measured at right angles to said old main line track centerline; thence'Southerly parallel with said old main line track centerline to a point distant 30 feet Northerly measured at right angles to the South line of said Northeast Quarter of the Northwest Quarter (NEI NW}) of, said Section 36; thence Westerly parallel with said South line of said Northeast Quarter of the Northwest Quarter (NE} NW}) of said.Section 36 to a point distant 69.95 feet Easterly measured at right angles to said old main line track centerline; thence Northerly parallel with said old main line track centerline a distance of• 213.40, feet; ',thence Westerly measured at right angles to said old..main. line track centerine a distance of 20;95.,feet • oint to a distant:50 ..feet Easterl : • ui p y at:right angles to ;,said • old main line track'Centerline ;thence',.Northerly parallel with said old'.'. main line track centerline.toa point, distant :289..12.�,1~eet,Southerly ---- -- '°'""° -the'.Hen'ry'Meader'Donation Land. Claim:'as'rmeasured" arl'ong °the'Northerly°" M •~ . ~ °•' °•L production of the last described Nine ; :thence along a, straight line to the point of intersection:of a line drawn parallel with and distant 110.0 feet Easterly measured at right angles to said old main line track centerline distant.1100.0 feet Northerly of the East -West centerline of said Section 25 as measured along said line drawn parallel with and distant 110.0 feet Easterly measured at right angles to said old main 1'ne track, centerline; thence Southerly along the last described parallel line to'a. point distant 545.6 feet '::-• • Northerly of said East -West centerline of•said Section 25; thence. Westerly measured at right angles :.to'.said old main line track•:. centerline to the point of beginning:..“ EXCEPTING, therefrom, that . portion of''the'SouthI25 feet of said Government Lot 9 in said Northeast Quarter (NE of said Section 25,•and that portion of said Souneast Quarter of the Northeast Quarter.(SE }.NE}) of said Section.25, • described as follows: BEGINNING at the Northeast corner of said Government Lot 9; thence North 87° 21' 38" West along the North line thereof a distance of 20.01 feet to the West line of the East 20 feet of said Government Lot 9; thence South 0° 49' 41" West along said West line a distance of 1254.20 feet to the North line of a track of land ccr.eyed to the City of Renton by deed recorded under King County Auditor's Fire No. 7603250650; thence along the North line of said tract of land ^lurth 88° 24' 17" West a distance of 1022.32 feet to a line parallel with and 300 feet Easterly of the West line of the South 125 feet of said Government Lot 9 and the true point of beginning; thence along said parallel line North 1 07' 49" East a distance of 45.00 feet; thence Nortn 88° 24' 17" West a distance of 300.01 feet to the West line of the South 125 feet of said Government Lot 9; thence along the West line of said South 125 feet and along the West line of the Southeast Quarter of the Northeast Quarter (SEI NEI) of said Section 25; South 1° 07' 49" West 4 distance of 90.00 feet; thence South 88° 24' 17" East a distance of 300.01 feet to a line parallel with and 300 feet Easterly of the West line of the Southeast Quarter of the Northeast Quarter of said Section 25;,'thence along said parallel line and along a line parallel with and 300:feet Easterly of the West line of the South 125 feet of said Government Lot 9, North 1° 07' 49" East a distance of 45.00 feet to the triue.point of beginning. 1. That certain Easement dated. November 28, 1961 granted to the City of Seattle for electric transmission line and filed for record on 4 -5 -62 in the Department of Records and Elections in King County, Washington as Document No. 5371813 and corrected by Correction Eas:ment dated April 18, 1962 and Tiled for record on 4 - 24 - 62 in sai,i Department of Records and Elections in said King County as Document No. 5417049. 2. That certain Agreement dated August 12, 1965 with Olympic Pipe Line.Company and filed for record on None in the Department of Records and Elections�:in'King County, Washington, as Document No. :•,r. .. 3... dated,August,2, 1966 with Carl C., Sternoff,,et al„ • '•"' ' - • and " filed :for record on • • None — • - - in'the Department'of-Records •and -- = • =` • = - =�= Elections King County, Washington as Document No. Not Recorded ecorded • 4. That certain Easement dated August 2, 1966 granted C. Sternoff, et al., for.roadway purposes and filed for record on in the Department of Records and Elections in King County, Washington as Document No. RECEIVED DEC 312001 DESCRIPTION OF PROPERTY CONTINUED COMMUNITY DEVELOPMENT TO WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. BNRRPI -35A DATED AUGUST 2, 1982 5. That certain Easement dated October 17, 1967 granted to the Municipality of Metropolitan Seattle for sewer line purposes and filed for record on 10 - 25 - 67 • in the Department of Records and Elections in King County, Washington,. as Document No. 6255262 6. Thet`certain Agreement dated October 17, 1967 with the Municipality of Metropolitan Seattle and filed for record on none 'in the • Department of Records and Elections in King County, Washington as Document No. Not Recorded 7. That certain Easement dated January 4, 1968 granted to the Municipality of Metropolitan of Seattle for sewer line purposes and filed for record on 2 - - 68 in the Department of Records and Elections in King County, Washington as Document No. 6302862 8. That certain Easement dated August 11, 1981 granted to the City of Renton and filed for record October 7, 1981 in the Department of Records and Elections in King County, Washington as Document No. 8110070398. 9. That certain Easement dated October 13, 1981 granted to Burlington Northern Railroad Company for railroad purposes and filed for record October 21, 1981 in the Department of Records and Elections in King County, Washington, as Document No. 8110210541 SUBJE2T TO THE FOLLOWING: RECEIVED DESCRIPTION OF PROPERTY CONTINUED DEC 3 1 20 01 To COMMUNITY WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. BNRRi nn AL P M EN PARCEL II The Northerly 180.0 feet of the Northwest Quarter of the Northwest Quarter (NW& NWi) of.Section 30, Township 23 North, Range 5 East of the Willamette .Meridian, King County, Washington; EXCEPTING, therefrom, the..following descr• bed tracts of land .TRACT N0: 1 The North 30 feet conveyed to the City of Seattle by deed recorded under Auditor's File 3603998. TRACT No. 2 • The West 20 feet for drainage canal of Drainage District No. 1 of said King County. • aTRACT=No.'3 The'Eist 40 feet conveyed - to the City of . ,by Quitclaim. Deed dated•Juw8,11972 and filed for-recaii.on .,..,,:, - .. 619 - in the'Department of Records and Elections'in King I.tounty as Document No. 7206190414:.. • . DATED AUGUST 2, 1982 1. That certain Agreement dated August 12, 1965 with Olympic Pipe Line Company and filed for record on No Record in the Department of Records and Elections.in.King County, Washington, as Document No. Not Recorded . 2. That certain Easement dated August•12, 1965 granted to Olympic Pipe Line Company lof oil pipeline purposes and filed for record on in the Department of Records and Elections in King County, as ngt ^n, as Document No. 5927062. ,r• . 3. Tnat certain Easement dated June.3, 1974 granted to Puget Sound Power and Light Company for aerial electric transmission line purposes and filed for record on 6 - 12 - 74 in the Department of Records and Elections. in King County, Washington, as Document No. 7406120656 . PARCEL III All that portion of Government Lot 11 and all that portion of Henry Meader Donation Claim #46 in the North Half of the Northwest Quarter (N1 NWl) and that portion of the Southeast Quarter of the Northwest Quarter (SE 1 NW1) all situated in Section 25, Township 23 North, Range 1 East of the Willamette Meridian, bounded as follows: On the West by a line drawn parallel with and distant 43 feet Easterly measured at right angles to the Chicago, Milwaukee and St. Paul Railway main track centerline as located and constructed; on the East by a line drawn parallel with and distant 50 feet Westerly measured at right angles to Burlington Northern Railroad Company's old main line track cnterline as now located and constructed; on tte South by a line drawn parallel with and distant 330 feet Southerly at right angles to the South line of said Government Lut 11; on the North by ttr_ Soutt margin of the City of Seattle's 30 foot wide Bow Lal.e Pipeline right -of -way. . � .: { � ! ''� i+ .��� 4 .�.. k Z QI- = Z 6 J U 00 N 0 LLI � _ F. U) w u Q = W Z = O Z I— w W U O O — O I— wW u. 0 .. Z W = O~ z • DESCRIPTION OF PROPERTY CONTINUED DEC 3 1 2001 TO COMMUNITY DEVELOPMENT WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. BNRRPI -35A DATED AUGUST 2, 1982 EXCEPTING, therefrom the following described real property: Beginning at a point on the South line of said Donation Claim and the East margin of the Chicago, Milwaukee, St. Paul &'Pacific Railroad right -of -way; thence Easterly a distance of 120 feet along said South line of said Donation Claim; thence Northeasterly measured at right angles to said South line a distance of 80 feet; thence Westerly parallel with said South line to said Easterly margin of said Chicago, Milwaukee,•St. Paul & Pacific Railroad right -of -way; thence Southerly along said railroad right -of -way to the point of beginning. SUBJECT TO THE FOLLOWING: 1. That certain Easement dated .November 28, 1961 granted to the City of Seattle for electric transmission line purposes and Filed for record on 4 -5 -62 in the Department of Records and Elections in King County, Washington as Document No. 5371813 and corrected by Correction .Easement dated April 18, 1962 and filed for.record 4- 24- 62..:.> in • said Department of Records and Elections in said King County.as Document No..5417049.': 2. ,That certain Easement dated October 17, 1967 granted to the Municipality of, Metropolitan Seattle for sewer line 'purposes and filed for recnr'd'on 10 -25 -67 in the Department of Records and Elections in King County, Washington as Document No, 6255262. 3. That certain Agreement dated October 17, 1967 with Municipality of Metropolitan Seattle and filed for record on none in the Department of Records and Elections in King County, Washington '.s Document No. NotRecorded . PARCEL IV All that portion of Government Lot 11 of Section 25, Township 23 North, Range 1 East of the Willamette Meridian, bounded as follows: 'r. On the West by the Easterly right -of -way line of the Puget Sound Electric Railway's 100 foot wide right -of -way; on the East by a line drawn parallel with and distant 57 feet measured at right angels to the Chicago, Milwaukee, St. Paul & Pacific Railroad main track centerline; on the North by the South margin of the City of Seattle's 30 foot wide Bow Lake Pipeline right -of -way. RECEIVED • PARCEL V DESCRIPTION OF PROPERTY CONTINUED DEC 3 1 Z001 TO COMMUNITY NT WASHINGTON CONFIRMATION SPECIAL WARRANTY DEED NO. BNRRP - Si►ELOPWRE DATED AUGUST 2, 1982 A portion of. Valley Garden Tracts now vacated, Volume 13, page 21,•Plats of King Couity, :.being'the West 10 feet of the'South 25.37 feet of:the Southwest Quarter :of.Section 30, Township 23 North, Range 5 East, W.M.; and the West 10 feet ot Lot 1, Section.31, Township 23 North; Range:5 ;East, W.M.; - and th'e:East`'10'•feet of the South 25.37 feet of the Southeast. Quarter - of Section 25, Township' 23 North, Range 4 East, W.M.; and the East 10 feet 'of:;the Northeast Quarter ofthe Northeast Quarter of Section 36, Township 23 North,'Range 4 East W.M.; • EXCEPT any portion of the above - described Parcel V lying South of a line 48 feet North.of_ the „proposed centerline of Southwest 43rd :et, which proposed centerline described as follows: Beginning at the intersection of the centerlineof,the East Valley Highway with the South line of the Northeast Quarter;;ofthe'Northwest Quarter of.Section 31, Township 23North,.Range 5 East, W.M., ?.andhrunning;;thence Westerly in_,a.straight line to:the'intersection of the '• `c'enter1•ine�of?the Valley Highway with ":the South line "of,;Government Lot 2, Section `;36 Township •23 North Range •4. East,' '.' • • RECEIVED special warranty deed 8404050909 of willed this is Number GLACIER PARK LIQiiIDATING COMPANY SIG CONN LAW DIVISION 40 MR TAX SEATTLE, WASHINGTON APR5 1984 R" 67933 560- 2.011547 WASHINGTON CONFIH3L•tTION SPECIAL WARRANTY DEED NO. ML&MCo• 34672 GRANTOR, GLACIER PARK LI, UIDATING COMPANY, a Minnesota corporation, (formerly named Glacier Park Company and Glacier Park Hotel Company), whose General Office address is 1111 Third Avenue. Suite 1000, Seattle, 1ashington 98101, a wholly owned subsidiary corporation of Burlington Northern Inc., (successor in interest and title by merger to Monad Company, Cuyuna Realty Company and St. Louis and Kansas City Land Company. successor in interest and title to Washington and Great Northern Townsite Company, and Somers Lumber Company formerly named John O'Brien Lumber Company), in confirmation for record of a distribution of its properties, including the "premises" hereinafter described, made January 4, 1982, by the Grantor named herein for no consideration and without as- sumption of liabilities unto its sole shareholder Burlington Northern Inc., and in confirmation for record of a contemporaneous contribution of certain of said properties so received including the "premises" hereinafter described made by Burlington Nerthern Inc., for no consideration and without assumption of liabilities to the capital structure of the Grantee named herein, DOES HEREBY CON- VEY AND 1VARRANT unto GRANTEE, MERIDIAN LAND & MINERAL ^^lMPANY, a Montana corporation. a wholly owned .subsidiary of Burlington Northern Inc., whose gct.eral office address is 800 First. Northwestern Bank Center, 175 North 27th Street, Billings. Montana 59101, all of GRANTOR'S right. title and interest, legal and equitable, whatsoever, in and to all geothermal heat and all ores anti min- erals of any nature whatsoever, including. but not limited to coal, iron, gas occurring in coal forma- tions to the extent the s:tma is produced in conjunction tc•ith coal development and extraction opera- tion& industrial minerals. metallic minerals, aggregates sand and gravel. rock. including but not limited to rock of a unique character (excepting oil and gas which was previously granted by Grantor to Milestone Petroleum. inc. by Confirmation Special Warranty Decd), (collectively "minerals "). :whether surface or subsurface in. upon. • ::der ar .v!:irii may be produced from the real property here- inafter and in the attached Description of Property described !collectively called "premises") • ogether with the right to enter upon the premises for the purposes of prospecting and exploring for said miner - als by geophysical. geochemical or other means, and for the purpose of drilling, extracting. opening, developing. and processing said minerals and erecting, ra::ra and working any extraction and prnees.. n.: facilities by any procedure wl:acso,vcr. .,n,; •1•..! taking nut. removing, carrying away. transporting and .storing all such minerals, and to enter upon. occupy. make use of and consume and the right to control the entry upon. occupation. u::,r and consumption of so much of the surface ut said premises as may be necessary for all such purposes. together with the tenements, hereditament.s and appurtenances subject to the encumbrances thereon including but not limited to those described herein and in the attached Description of Property, (collectively "premises "), whether acquired or held in the name of the GRANTOR or to the name of some other person. entity or corporation for its use or on its behalf whatsoever. TO DAVE ANi) TO HOLD all and singular said p:•emi.ci unto GRANTEE its successors anti assigns FOREVER, AND FURTHER. except as otherwise stated in said Description of Property. GRANTOR. for itself and its successors. does hereby covenant with GRANTEE. its successors and assigns, that GRANTOR has not made. dune. executed or suffered any act or thing what. +never whereby said premises, or any part thereof. now art:, or at any time hereafter shall or may be. imperiled, charged or encumbered in any manner thatsoever. AND subject to said encumbrances the title to the said premises atrainst ail persons lawfully claiming same from. hy, through or under GRANTOR, GRANTOR WILL WARRANT AND DEFEND. IN 1VITNESS W)iERF.OF. the GRANTOR has eausec this instrument to he executed by its proper officers duly authorized this 2nd day of August 1982. GLACIER PARK LIQUIDATING COMPANY Page 1 of Pages (Impression of the Corporate Seal of- {Iacit+.r Park Liquidating CoprlSry.,allrltnnesota corporation) Attest. _ Caroline E. Thoma ,Assistant Secretary Robert I,. Rartholic Vice President ;u '9C ,) ,..aa :.+ Z � W 6 JI U 00 fn 0 U) J = l— U) LL W 0 U L CJ 1 H = Z O Z I- W W U� O — O I— W W 1- r : . L I - Fa W Z U ~ Z (Impression of Notarial Seal) STATE OF WASHINGTON COUNTY OF KING The foregoing instrument was acknowledged before me this 2nd day of August 1982. by ROBERT L'. BARTHOLIC AND CAROLINE E. TIIOMIA. a Vice President and an Assistant Secretary re- spectively of GLACIER PARK LIQUIDATING COMPANY, a Minnesota corporation, for and on behalf of the corporation. Conveyancing, State Decd Tax, Excise Tax, etc. Duo Hereon: None. Unless otherwise directed, Real Property Taxes for ti. • n .!r <• r!+.•d premises of GRANTEE Should be Sent. to: Meridian Land do Mineral Company /o Property Tax Di%ision Burlington Northe-n Railroad Company • 208 Central Building 810 Third Avenue Seattle, Washington 98104 This Instrument was Drafted By: ROBERT L. BARTHOLTC A t torney-st-Law Vice President -Law Glacier Park Liquidating Company 1111 Third Avenue, Suite 1000 Seattle, Washington 98101 (206) 625 -6569 When Recording Is Complete Please Return To: Meridian Land & Mineral Company c/o R. F. Wilhelm BN Timberlands Inc. Central Banding, Suite 650 810 Third Avenue Seattle, Wash!ngton 98101 LOR A U. ROSE:TDE, Notary Public In and for the State of Washington, Residing in Seattle, Washington." ., + – • My commission expires April 28, ' •• .- r Page 2 of Pages • f1 �..,. ;j1,14iljt,4f rat-- ti • • r „ ' +' +. ..�. .. • Z Z 6 UO cn W J CO LL WO g LL < (f) "±" W Z � H w ~ al co O I— WW U • P .. W O Z MINERAL TYPE: ALL MINERALS EXCEPT OIL, GAS AND OTHER HYDRO- CARBONS LEGAL DESCRIPTION SEC. TWP. RGE. ACKES ALL THAT PART OF LOT 20 OF BLOCK Tr 91, OF GILMAN'S ADDITION TO THE CITY OF SEATTLE, LYING NELY OF THE MELT LINE OP WEST EMERSON PLACE, AS ESTABLISHED BY ORDINANCE NUMBER 78820, DATED 3/29/50. 395E EXHIBIT A DESCRIPTION OF PROPERTY TO CONFIRMATION SPECIAL WARRANTY DEED NO. 34672 DATED AUGUST 2, 1982 Description of the real property, the personal property if any, the hereditaments and appurtenances, and the encumbrances thereon, conveyed and warranted by that certain Confirmation Special Warranty Deed above referred to, of which this Description of Property is a part, made by GRANTOR, GLACIER PARK LIQUIDATING COMPANY and running in favor of GRANTEE, MERIDIAN LAND AND MINERAL COMPANY, situate in the County of King, State of Washington to wit: ALL THAT PART OF LOTS 28 AND 29 IN BLOCK 91 OF GILMAN'S ADDITION TO THE CITY OF SEATTLE, LYING NLY OF THE SLY HARCIN OF WEST EMERSON PLACE AS ESTABLISHED BY ORDINANCE NO. 78820 OF THE CITY SEATTLE. THAT PART OF GOVT. LOT 9 AND THE HENRY MEADER DONATION CLAIM NO. 46, DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SECTION. THENCE S O'49'10'W. ALONG THE EAST LINE OP SECTION A DIST. OF 180.01 FT. TO AN INTERSECTION WITH A LINE PARALLEL TO AND 180 FT. SLY, MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SECTION. THENCE N 87'12'59 - W, PARALLZL WITH SAID NORTH LINE, 20.01 FT. TO AN INTERSECTION WITH A LINE PARALLEL TO AND 20.00 FT. WLY, MEASURED AT RIGHT ANGLES TO THE EAST LINE OP SECTION, SAID POINT BEING THE TRUE POINT OP BEGINNING; THENCE N 87'12' 59'W, PARALLEL AND 180.00 FT. SLY OF THE NORTH LINE OP SECTION, A DIST. OF 1026.07 FT.; THENCE S 1' O1'19 - W A DIST. OF 1095.58 FT.; THENCE S 88'24'48 "E A DIST OF 1029.43 FT. TO A POINT ON A LINE 20 FT. WLY., MEASURED AT RIGHT ANGLES TO THE EAST LINE OP SECTION; THENCE N 0'49'10'E PARALLEL TO SAID EAST LINE 1074.19 FT. THE THE TRUE POINT OF BEGINNING. 25 23N 4E THE SOUTH 15 FT OF THE WEST 1341.56 FT. OF THE SW1 /4SE1/4 AND THE SOUTH 15 FT. OF THE EAST 196.64 FT. OF THE SE1 /4SW1 /4 25 23N 4E .53 RECEIVED DEC 3 1 2001 DEVELOPMENT Z W 00 CO J = H N 1L W LI- co 1 W Z I-- 0 Z I— LL' uj U 0 O -, O I- . W W , H � 0 .. Z' W U 0 Z • EXHIBIT A DESCRIPTION OF PROPERTY CONTINUED TO CONFIRMATION SPECIAL WARRANTY DEED NO. 34672 DATED AUGUST 2, 1982 MINERAL TYPE: ALL MINERALS EXCEPT OIL, GAS AND OTHER HYDRO- CARBONS LEGAL DESCRIPTION SEC. TWP. RGE. ACRES ALL THOSE PARTS OP GOVT. LOTS 10,11, SW1 /4NE1 /4, SE1 /4NW1/4, LYING NORTH OF A LINE PARALLEL AND 545.6 FT. NORTH, MEASURED ALONG THE EAST LINE OF SAID SW1 /4NE1 /4 AND THE INTERSEC- TION OF THE EAST -WEST QUARTER LINE OF SECTION WITH THE EAST LINE OF THE SW1 /4NE1/4 AND EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OF THE EAST - WEST QUARTER LINE OF SECTION 60 FT. EAST MEASURED AT RIGHT ANGLES PROM THE EAST LINE OF BURLINGTON NORTHERN R /W; THENCE NLY 1100 PT. PARALLEL TO SAID EAST R/W LINE OF BURLINGTON NORTHERN TO A POINT; THENCE NWLY TO A POINT ON SAID EAST R/W LINE DIST- ANT 289.12 FT SOUTH ALONG SAID EAST R/W LINE FROM INTERSECTION OF HENRY MEADER DONATION LAND CLAIM AND ThE SAID EAST R/W LINE OF BURLINGTON NORTHERN. EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF 4ENRY HEADER DONATION LAND CLAIM NO. 46 AND THE EAST LINE OP GOVT. LOT 10; THENCE SLY ALONG THE SAID EAST LINE A DIST. OF 255.38 FT; THENCE WLY. ON A STRAIGHT LINE TO A POINT ON THE EAST LINE OF THE NORTHERN PACIFIC RAILWAY COMPANY R/W 289.12 FT. SLY., AS MEASURED ALONG SAID R/W LINE FROM THE INTER- SECTION OF SAID R/W LINE AND THE SOUTH LINE OF SAID LAND CLAIM; THENCE NLY ALONG SAID EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY R/W TO THE SOUTH LINE OF SAID LAND CLAIM; THENCE ELY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. 25 23N 4E 46.10 ALL THOSE PARTS OF GOVT. LOT 9 AND SE1 /4NE1/4, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20 FT. WEST OF THE EAST LINE OF GOVT. LOT 9 AND 1254.20 FT. SOUTH OF THE NORTH LINE; THENCE N 88'24'48 "W 1029.43 PT, MORE OR LESS, TO A POINT 300 FT EAST OF THE WEST LINE OF GOVT. LOT 9; THENCE S 1'01'49 "W ON A LINE PARALLEL TO AND 300 FT. EAST OP THE WEST LINE OF GOVT. LOT 9 AND THE WEST LINE OF SE1 /4NE1/4 845.23 FT; THENCE S 88' 24'48 "E 1032.55 FT, MORE OR LESS, TO A POINT 20 FT. WEST OF THE EAST LINE OF SAID SE1 /4NEI /4; THENCE N 0'49' 10 "E 845.19 IT. TO THE PLACE OF BEGINNING. 4 25 23N 4E 20.03 RECEIVED DEC 3 1 2001 COMMUNITY DEVELOPMENT AMKRimminommIORM Z IZ W L 0 . U O � CD 111 J H U) U W u • d = ▪ W _ Z 1- 0 Z 1— W W U � O co O 1— WW 1—H I A: O .. Z. W = O Z • EXHIBLT A DESCRIPTION OF PROPERTY CONTINUED TO CONFIRMATION SPECIAL WARRANTY DEED NO. 34672 DATED AUGUST 2, 1982 HINERAL TYPE: ALL MINERALS EXCEPT OIL, CAS AND OTHER HYDRO- CARBONS LEGAL DESCRIPTION SEC. TWP. RCE. ACRES NORTH 330 FT. OF NW1 /4SE1 /4NW1 /4, AND THE SOUTH 210 FT. OF LOTS 2, 11 25 23N 4E THAT PART OF TILE NW1 /4NE1/4 AND THE NE1 /4NW1 /4, DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE HENRY ADAMS DONATION LAND CLAIM; THENCE EAST ALONG THE CENTER LINE OF SOUTH 180TH ST.(FORH RLY A COUNTY ROAD) 114 F'1'; THENCE NORTH 674.78 FT TO THE TRUE POINT OF BEGINNING; THENCE NLY ON A STRAIGHT LINE PARALLEL TO THE EAST LINE OF THE NORTHERN PACIFIC RAILWAY COMPANY R /W, TO THE NORTH LINE OF SECTION; THENCE ELY ALONG THE NORTH LINE OF SECTION TO A ?OINT THEREON WHICH IS 881.37 FT. WEST OP THE NE CORNER OF THE NW1 /4NE1 /4 THEREOF; THENCE S 3 730.69 FT; THENCE N 84'34'00 "W, 649.70 FT. MORE OR LESS TO THE TRUE POINT OF BEGINNING. 36 23N 4E THAT PART F THE `x'.11 /4NW1 /4, DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE SECTION; THENCE S 0'49'10 "W, ALONG THE WEST LINE OF THE SECTION, A DIST. OF 180.01 PT. TO AN INTER- SECTION WITH A LINE PARALLEL TO AND 180 FT. SLY, MEASURED AT RICHT ANGLES TO THE NORTH LINE OF THE SECTION; THENCE S 89'52'01 "E, PARALLEL WITH SAID NORTH LINE, 20.00 PT TO AN INTERSECTION WITH A LINE PARALLEL TO AND 20 FT ELY, MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SECTION, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S 89'52' 01 "E, PARALLEL AND 180 PT SLY OF THE NORTH LINE OF SECTION, A DIST. OF 910.93 FT TO A POINT ON A LINE 70 FT WLY, MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID NW1/4NW1/4; THENCE S 1'35'12'W, PARALLEL TO SAID EAST LINE, 794.72 FT TO A POINT OF CURVA- TURE OF A CURVE TO THE RIGHT OF A RADIUS 344.265 FT; THENCE SWLY ALONG SAID CURVE 369.79 PT TO A POINT FROM WHICH THE CENTER OF THE CIRCLE OF SAID CURVE BEARS S 26 ° 52'12 "E; PHENCE N 88'24'48 "W 716.02 FT TO A POINT ON A LINE PARALLEL TO AND 20.00 FT ELY OP, MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SECTION; THENCE N 0'49'10 "E ALONG SAID PARALLEL LINE, 1074.37 FT TO TIIE TRUE POINT OF BEGINNING. 30 23N 5E RECEIVED DEC 3 1 2001 COMMUNITY DEVELOPMENT 1 5