Loading...
HomeMy WebLinkAboutPermit L05-057 - BARGHAUSEN ENGINEERS / HALVORSEN IVANA - 9229 EAST MARGINAL WAY SOUTH SHORT PLATDAVIS PROPERTIES SHORT PLAT 9229 EAST MARGINAL WY S L05 -057 G00 c acv 7c . C_c 606-5-5-- LAND DIVISION LAND DEVELOPMENT July 14, 2006 Jeffrey E. Davis Davis Properties P.O. Box 1043 Kent, WA 98035 -1043 Dear Mr. Davis: • Cizy of Tukwila Department of Community Development Steve Lancaster, Director NOTICE OF DECISION 0 RE: L05 -057: Proposed Short Plat at 9229 East Marginal Way South Steven M. Mullet, Mayor The Short Subdivision Committee has completed review of your short plat application (No. L05- 057), and determined that it complies with all applicable City code requirements. The City's SEPA Responsible Official issued a Determination of Nonsignificance on April 18, 2006 and no comments or appeals were received. This letter serves as the Notice of Decision per TMC 18.104.170. Based on the latest project submittal, preliminary approval is granted subject to the conditions stated below. There are four basic steps in the short plat approval process: 1. Preliminary Approval This letter constitutes your preliminary approval. The application was reviewed by the Tukwila Short Subdivision Committee and approved with conditions. The conditions are imposed to ensure the short plat is consistent with the Criteria for Preliminary Approval listed at TMC 17.12.020 C in the Tukwila Subdivision Code. PRELIMINARY APPROVAL CONDITIONS 1. Record the thirty-foot (30) ingress /egress easement and note recording number on final short plat map. 2. Provide the following note on the short plat map: This site is subject to a corrective action under the Resource Conservation and Recovery Act Administrative Order on Consent issued by the U.S. Environmental Protection Agency, Region 10, Docket 1091- 11- 20- 3 -8(h). CL Page I of 4 07/11/2006 11:35:00 AM q: \Davis -Rhone Poulenc \Short Plat \Preliminary SP Approval.doc 6300 Southcenter Boulevard. Suite #100 • Tukwila. Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Mr. Jeffrey E. Davis Davis Properties Short Plat L05 -057 July 14, 2006 • A copy of the proposed short plat and legal descriptions is enclosed. Staff had several questions on the distances noted in the legal descriptions and the corresponding distances noted on the plat map. Please have your surveyor review the notes and confirm whether the legal descriptions as written are correct. For final short plat approval, please revise the drawing to remove the buildings that have been demolished on the site. APPEALS This short plat approval decision may be appealed to the Hearing Examiner. In order to appeal the decision, a written notice of appeal must be filed with the Department of Community Development within 21 days of the issuance of the Notice of Decision (July 14, 2006). The requirements for such appeals are set forth in Tukwila Municipal Code Chapter 18.116. If no valid appeals are filed within the time limit, the decision of the Department will be final. Appeal materials shall include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf 3. A statement identifying the decision being appealed and the alleged errors in the decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed; the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. All notices of appeal shall be submitted along with an appeal fee pursuant to the fee schedule, which is $100 for a Type 2 decision in the Low Density Residential district. Any appeal shall be conducted as an open record hearing before the Hearing Examiner. The Hearing Examiner's decision on the appeal is the City's final decision. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner's decision pursuant to the procedures and time limitations set forth in RCW Chapter 36.70C. 2. Public Works Permit You have already applied for a Public Works permit, PW06 -011, to pave the western portion of the site and construct the storm water system. A separate permit will be needed to construct the infrastructure to support development on the eastern portion of the site. Once approved by the City, this permit can be issued when the appeal period for the Shoreline Substantial Development Permit has expired. CL Page 2 of 07/11/2006 11:35:00 AM q: \Davis -Rhone Poulenc \Short Plat \Preliminary SP Approval.doc Mr. Jeffrey E. Davis Davis Properties Short Plat L05 -057 July 14, 2006 3. Final Approval Once work has been completed under the Public Works permit, and final inspections have been approved, you may submit for final short plat approval. Please provide the materials specified in TMC 17.12.030 (see attached) including the survey signed by the surveyor, before and after legal descriptions, as-built plans for all new roads and utilities, signature lines signed and notarized by the property owner, etc. The recording numbers for the Easement and Maintenance Agreement must be on the plat. Please make sure the documents meet the King County Recorder's requirements, particularly the required margins. DO NOT FOLD THE FINAL SHORT PLAT SHEETS. All taxes and fees assessed against the property must be current prior to final approval. Please check with the King County Assessor's Office and the City of Tukwila Finance Department prior to submitting the final short plat. After the documents have been found to be in order, and the all of the requirements of the short plat have been met, per TMC 17.12.030 B., the Chair of the Short Subdivision Committee will sign your short plat, which constitutes a grant of final approval. 4. Recording EXPIRATION • The signature of the Chairman of the Short Subdivision Committee on the final short plat documents certifies that your short plat application is ready for recording. It is your responsibility to record the City approved short plat documents with the King County Department of Records. You will need to pay the recording fees and submit your approved original short plat to King County. See the Recording Procedures handout. Do not fold the documents as this damages the print and may require that you reprint the short plat and obtain all the approval signatures again. The short plat is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. After recording, the County returns the recorded original to the City of Tukwila within 4 -6 weeks, at which time your short plat is considered complete. You can shorten this processing time by hand - delivering a copy of the recorded short plat to the project planner. In many circumstances, building permits on the short platted property may not be issued until a copy of the recorded short plat (or original) is returned to the Department of Community Development. The final approved short plat must be filed with the King County Department of Records by one year from the date of this preliminary approval, July 14, 2006 or the application will expire. The City may grant a single one -year extension if requested in writing prior to the expiration date. CL Page 3 of 4 07/11/2006 11:35:00 AM q: \Davis -Rhone Poulenc \Short Plat \Preliminary SP Approval.doc Mr. Jeffrey E. Davis Davis Properties Short Plat L05 -057 July 7, 2006 If you have any questions, please contact Carol Lumb, Senior Planner, at 206 -431 -3661, or for questions about Public Works requirements, contact Jill Mosqueda, Development Engineer, at 206- 433 -0179. Sincerely, L., Steve Lancaster Chair, Short Subdivision Committee Enclosures: TMC 17.12.030 A., Final Short Plat Approval cc: Jim Morrow, Public Wo Director (please initial your approval) Nick Olivas, Fire Chief ease initial your approval) King County Assessor, Accounting Division Jill Mosqueda, Development Engineer, Public Works Department Laura Murphy, Cultural Resources Program, Muckleshoot Indian Tribe Christy Brown, Project Manager, EPA Region 10 CL Page 4 of 4 07/03/2006 11:18:00 AM q: \Davis -Rhone Poulenc \Short Plat \Preliminary SP Approval.doc Was mailed to each of the addresses listed on this L i d a y o f in the year 20 oLc P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I ,S HEREBY DECLARE THAT: Notice of Public Hearing Project Name: ek, ` u�� s fro A ea-- vtit.6 - z,4- oat Determination of Non - Significance — O57 Notice of Public Meeting .,-1.1 - gric:c.k. Mitigated Determination of Non - Significance 1,4A—.yit> Board of Adjustment Agenda Pkt 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 If fc( q-b-e4-.s.09 Was mailed to each of the addresses listed on this L i d a y o f in the year 20 oLc P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM Project Name: ek, ` u�� s fro A ea-- vtit.6 - z,4- oat Project Number: t — O57 Mailer's Signature: .,-1.1 - gric:c.k. Person requesting mailing: 1,4A—.yit> Was mailed to each of the addresses listed on this L i d a y o f in the year 20 oLc P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM February 23, 2007 TO: Jim Morrow, via Joanna Spencer Nick Olivas, via Alan Metzler FM: Carol Lumb, Senior Pla4 RE: L05 -057, Davis Property Short Plat The above referenced short plat is ready for approval. The project has been reviewed previously by your Departments. Attached is the short plat record of survey legal description and easement. Please review these materials and indicate your approval by signing or initialing below. Thanks very much. If you have any questions, please call me at 431 -3661. Approved by Jim Morrow, Director Department of Public Works Approved by Chief Nick Olivas Tukwila Fire Department • City of Tukwila Department of Community Development Steve Lancaster, Director MEMORANDUM Attachments: Short Plat Record of Survey Ingress /Egress and Utility Easement CL Page 1 of 1 Q: /Davis -Rhone Poulenc /Short Plat/Final SP Approval Mcmo.doc e 02/21/2007 3:52:00 PM Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Ms. Betsy Dyer, Permit Specialist Barghausen Engineers Inc. 18215 72 Ave. S. Kent, WA 98032 RE: Davis Properties Short Plat, L05 -057 Dear Betsy: Thank you for the final short plat submittal for the Davis Properties short plat, file number L05 -057. The short plat is ready for signature by the chair of the Short Plat Committee. To prepare the final short plat documents, please make the following corrections /additions: 1. Have the surveyor sign the short plat; we need an original signature on the face of the plat; 2. Have the property owner sign and notarize the Declaration portion of the signature block; 3. Make sure the margins of the short plat comply with the requirements of the King County Recorders office — I don't believe there can be typing in the left margin; 4. On page 2, the space for the recording number of the ingress /egress and utility easement should be left blank so that the recording number can be written in before the short plat is recorded. 5. On page 2 of the short plat add the following two notes to the note about the corrective action: a. Turn around required for access road greater than 150 feet long. b. Fire hydrant required to be within 150 feet of building with no portion of building farther than 300 feet from hydrant as measured by vehicular travel. 6. The easement date identified in the first paragraph on page 2 should be filled in. Please do not fold the final document when you bring it in for our signature. If you have any questions, please call me at 206 - 431 -3661. Sincerely, 1�tt f A4vt, Carol Lumb Senior Planner • Cizj' of Tukwila Enclosure — Final Plat Record of Survey A Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director February 21, 2007 CL Page 1 of 1 02/21/2007 11:30:00 AM Q: \Davis -Rhone Poulenc /Short Plat/Final Short Plat.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 (Carol Lumb - DAVIS SP From: To: Date: Subject: • Richard Takechi Carol Lumb 02/13/2007 11:08 am DAVIS SP Hello Carol. Jeff Davis came in and paid. So I'm giving Finance's blessing for the SP. ,.r � � . Date Comment Amount Amount Amount .�� 02/13/07 6069.62 8069-62 00007706 6069,62 6069.62 Carol Lumb - Final Short Plat • From: To: Date: Subject: Hi Jeff: Thanks. Carol Carol Lumb Jeff Davis 02/12/2007 12:17 pm Final Short Plat I am working on the approval of the final short plat for the site on East Marginal Way south. Before our Finance Department can sign off on approval, you will need to pay the surface water fees that are due. My understanding is that the amount due is $6,069.62, but you can check with Richard Takechi, Fiscal Coordinator at 206 - 433 -1870 to make sure that is the correct amount. Carol Lumb - DAVIS PROPERTIES SP -057 From: Richard Takechi To: Carol Lumb Date: 02/09/2007 12:37 pm Subject: DAVIS PROPERTIES SP L05 -057 Hello Carol. Regarding this SP, we need to receive $ to pay the Surface Water charge prior to Finance's ok. The amount currently is $6,069.62. We are scheduled to do an interest billing on 2/20/07. The bill was sent to Container Properties last month. f'i►,`� Lan 1E11 Transnatuon Barghausen Consulting Engineers 18215 72nd Ave. S. Kent, WA Attn: Betsy Deyer Re: Your No.: Borrower(s): Property Address: WA FORM - GUARANTEE DATE DOWN ENDORSEMENT Attached to Guarantee No.. 20177862 ISSUED BY Transnation Title Insurance Company The Company hereby assures the Assured that subsequent to the date of the Guarantee issued under the above number, no matters are shown by the public records which would affect the assurances in said guarantee other than the following: A. GENERAL TAXES AND SERVICE CHARGES FOR 2007, AMOUNTS NOT YET AVAILABLE OR PAYABLE. (NOTE: TAXES AND CHARGES FOR 2005 AND 2006 ARE PAID IN FULL) This endorsement is issued as part of the guarantee. Except as it expressly states, it does not (i) modify any of the terms and provisions of the guarantee, (ii) modify any prior endorsements, (iii) extend the Date of Guarantee, or (iv) increase the Amount of Insurance. To the extent a provision of the guarantee or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the guarantee and of any prior endorsements. Dated: January 23, 2007 Transnation Title Insurance Company r 144— Authorized Si n3ture Guarantee Date Down Endorsement Container Properties RECEIVED I i n t o o A ?nnl commuNiry DEVELOPMENT 9229 East Marginal Way South, Tukwila, WA 98108 • LandAmerica ism Commercial Services Barghausen Consulting Engineers 18215 72nd Ave. S. Kent, WA REFERENCE NO: / Order No.: 20177862 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Transnation Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: September 1, 2005 Transnation Title Insurance Company By Subdivision Guarantee GNT004 Authorized Signature Liability: Charge: Tax: Total: 0 ORIGINAL Two Union Square 601 Union Street Suite 1100 Seattle, WA 98101 Phone: 206 - 628 -2873 Fax: 206 - 628 -0631 $10,000.00 $350.00 $30.80 $380.80 • Page 1 of 5 EXCEPTIONS: 1. INTENTIONALLY DELETED Subdivision Guarantee GNT004 • • SCHEDULE A Order No.: 20177862 1. Name of Assured: Barghausen Consulting Engineers 2. Date of Guarantee: September 1, 2005 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. Title to the estate or interest in the land is vested in Container Properties, L.L.C., a Washington limited liability company b. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 5422600010 YEAR BILLED PAID BALANCE 2005 $101,204.38 $50,602.19 $50,602.19 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $50,602.19 LEVY CODE: 2430 ASSESSED VALUE LAND: $8,681,000.00 ASSESSED VALUE IMPROVEMENTS: $949,100.00 (COVERS SAID PREMISES AND OTHER PROPERTY) 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: A CLOSED TILE DRAIN AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 2, 1932 RECORDING NO.: 2716188 4. UNRECORDED EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: UNDERGROUND STORM DRAIN OUTFALL LINE AREA AFFECTED: A PORTION OF SAID PREMISES DISCLOSED BY: MODIFICATION THEREOF RECORDED: SEPTEMBER 18, 1995 RECORDING NO.: 9509180955 AND MODIFICATION THERETO: RECORDED: SEPTEMBER 18, 1995 RECORDING NO.: 9509180955 Page 2 of 5 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE BOEING COMPANY PURPOSE: COMMUNICATIONS DUCT BANK WITH ALL CONNECTIONS, MANHOLES AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 8, 1998 RECORDING NO.: 9806080935 6. COVENANT, CONDITIONS AND HOLD HARMLESS AGREEMENT(S) RELATING TO BENEFICIAL RIGHTS RESERVED FOR THREE DRAINAGE OUTFALL PIPES LOCATED ON PROPERTY ADJOINING ON THE SOUTH IMPOSED BY INSTRUMENT RECORDED ON NOVEMBER 20, 1973, UNDER RECORDING NO. 7311200308. 7. AGREEMENT AND THE RECORDED: RECORDING NO.: REGARDING: 8. AGREEMENT AND THE RECORDED: RECORDING NO.: REGARDING: Subdivision Guarantee GNT004 • • TERMS AND CONDITIONS THEREOF: JUNE 4, 1963 5591648 SEWER CONNECTION TERMS AND CONDITIONS THEREOF: AUGUST 3, 1966 6064204 MAINTENANCE AND USE OF JOINT SEWER Order No20177862 9. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF DUWAMISH WATERWAY AND /OR COMMERCIAL WATERWAY DISTRICT NO. 1. 10. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 11. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 12. DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CONTAINER PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: KEYBANK NATIONAL ASSOCIATION ORIGINAL AMOUNT: $5,750,000.00 DATED: JULY 10, 1998 RECORDED: JULY 13, 1998 RECORDING NO.: 9807130818 INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LENDER/AGENCY /INDIVIDUAL. THE DEED OF TRUST WAS MODIFIED BY INSTRUMENT. RECORDED: FEBRUARY 28, 2001 RECORDING NO.: 20010228000776 Page 3 of 5 13. MEMORANDUM OF LEASE: LESSOR: LESSEE: DATED: RECORDED: RECORDING NO.: Subdivision Guarantee GNT004 END OF EXCEPTIONS OrderNo20177862 CONTAINER PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY NORTHWEST CONTAINER SERVICES,INC., AN OREGON CORPORATION JULY 10, 1998 JANUARY 23, 2002 20020123003030 WE NOTE THAT SAID MEMORANDUM DOES NOT CONTAIN THE ENTIRE LEGAL DESCRIPTION OF THE PROPERTY BEING LEASED. Page 4 of 5 LINE A: LINE B: • • EXHIBIT "A" Order No.: 20177862 THAT PORTION OF TRACTS 1 AND 2 OF THE MEADOWS, ACCORDING TO THE PARTITION MAP OF PART OF THE FRANCIS MCNATT DONATION LAND CLAIM NO. 38 FILED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 120091, AND OF THE ABANDONED BED OF THE DUWAMISH RIVER, ALL LOCATED IN SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND ALL LYING WESTERLY OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND ALSO WESTERLY OF THE PARCEL OF LAND ADJOINING EAST MARGINAL WAY WHICH WAS CONVEYED TO GREAT NORTHERN RAILWAY COMPANY BY DEED RECORDED UNDER RECORDING NUMBER 4784818; LYING EASTERLY OF THE EASTERLY MARGIN OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 (DUWAMISH WATERWAY); LYING SOUTHERLY OF THE HEREINAFTER DESCRIBED `LINE A "; AND LYING NORTHERLY OF THE HEREINAFTER DESCRIBED "LINE B ": BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH, WHICH POINT BEARS NORTH 89 °15'54" WEST A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST A DISTANCE OF 648.77 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MCNATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; RUNNING THENCE WEST A DISTANCE OF 1574.72 FEET TO THE EAST LINE OF COMMERCIAL WATERWAY NO. 1; THENCE SOUTH 15 °00'00" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 237.76 FEET TO THE TRUE POINT OF BEGINNING OF SAID "LINE A "; THENCE EAST A DISTANCE OF 1053.10 FEET; THENCE SOUTH 23 °02'00" EAST A DISTANCE OF 46.03 FEET; THENCE EAST A DISTANCE OF 561.38 FEET TO THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND THE TERMINUS OF SAID "LINE A "; BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AT A POINT WHICH BEARS NORTH 89 °15'54" WEST A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST A DISTANCE OF 1374.17 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MCNATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID POINT BEING AT THE INTERSECTION OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH WITH THE NORTH LINE OF VAN DE VANTER STOCK FARM TRACT AND THE TRUE POINT OF BEGINNING OF SAID "LINE B "; THENCE NORTH 89 °27'50" WEST A DISTANCE OF 14.94 FEET; THENCE NORTH 86 °54'59" WEST A DISTANCE OF 486.97 FEET; THENCE NORTH 84 °17'04" WEST A DISTANCE OF 117.00 FEET; THENCE SOUTH 83 °57'56" WEST A DISTANCE OF 119.00 FEET; THENCE SOUTH 70 °40'29" WEST A DISTANCE OF 110.173 FEET; THENCE SOUTH 61 °33'40" WEST A DISTANCE OF 840.02 FEET, TO THE EASTERLY LINE OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 AND THE TERMINUS OF SAID "LINE B "• • • EXHIBIT "A" (continued) Order No.: 20177862 TOGETHER WITH THE RIGHT TO CROSS THE PARCEL CONVEYED TO GREAT NORTHERN RAILWAY COMPANY AS RESERVED IN DEED RECORDED UNDER RECORDING NUMBER 4784818; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarntee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse daims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential Invalidity of any Judicial or non - judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) land": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term 'land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage ": mortgage, deed of trust, trust deed. or other security instrument. (d) "public records ": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date ": the effective date. 2. Notice of Claim to be Given by Assured Claimant An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exerdse its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder. the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costa, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a daim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any ad of the Assured claimant The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary In order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its prindpal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land Is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (e) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shell be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261 -7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) • • C:\_MAP\10265-L1.MPL Begin at Course #1 S 88 -51 -08 E Course #2 S 00 -50 -26 E Course #3 S 71 -49 -21 W Course #4 S 62 -42 -32 W Course #5 S 14 -00 -00 W • . Closure: N 19 °34'22" W, 0.0061' Area: 572883.7 Sq.Ft. or 13.1516 Acres Page 1 RECEIVED 11/09/06 @ 08:17:32 JAN 3 0 2001 Northing cOMmuNrry DEVELQPMENT 0.0000 956.07' - 19.1512 445.25' - 464.3533 1.77' - 464.9055 842.28' - 851.1007 877.15' - 0.0058 Easting 0.0000 955.8782 962.4100 960.7283 212.2038 0.0021 C: \_MAP \10265- L2.MPL Page 1 11/09/06 @ 08:14:03 Begin at Course #1 N 00 -50 -26 W Course #2 S 88 -51 -08 E Course #3 S 22 -10 -28 E Course #4 S 88 -51 -08 E Course #5 S 22 -32 -07 E Course #6 S 30 -33 -07 E Course #7 S 22 -32 -07 E Course #8 N 88 -18 -58 W Course #9 N 85 -46 -07 W Course #10 N 83 -08 -12 W Course #11 S 85 -06 -48 W Course #12 S 71 -49 -21 W • 0 445.25' 102.03' 46.03' 542.82' 305.16' 121.90' 9.98' 14.95' 486.97' 117.00' 119.00' 108.40' Closure: S 19 °12'05" E, 0.0043' Area: 281731.1 Sq.Ft. or 6.4677 Acres Northing Easting 0.0000 0.0000 445.2021 - 6.5318 443.1583 95.4777 400.5327 112.8507 389.6594 655.5618 107.8003 772.5151 2.8238 834.4792 - 6.3941 838.3041 - 5.9548 823.3605 29.9760 337.7179 43.9577 221.5563 33.8207 102.9889 0.0040 - 0.0014 Document Title(s) (or transactions contained therein): ACCESS AND UTILITY EASEMENT Reference Number(s) of Documents assigned or released: (on page of documents(s)) _ N/A Grantor(s) (Last name first, then first name and initials): Container Properties, L.L.C., a Washington limited liability company Additional names on page of document. _ Grantee(s) (Last name first, then first name and initials): Container Properties, L.L.C., a Washington limited liability company Additional names on page of document. _ Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Ptn of Tracts 1 and 2 The Meadows Unrecorded, Tukwila, King County, Washington I X I Full legal is on page of document. Assessor's Property Tax Parcel /Account Number 542260 0010 Return Address David W. Bever Carney Badley Spellman, P.S. 701 Fifth Avenue, Suite 3600 Seattle, WA 98104 -7010 con03I.005 (1a160601) • e ctecole° "° o 'Op' • • ACCESS AND UTILITY EASEMENT (9229 East Marginal Way, Tukwila, Washington) THIS ACCESS AND UTILITY EASEMENT (this "Easement ") is made and entered into as of January _ , 2007, by and between CONTAINER PROPERTIES, L.L.C, a Washington limited liability company and its successors and assigns, ( "Grantor ") in favor of the present and future owners and beneficiaries of Lot 1 as depicted on Short Plat No. L05 -057, City of Tukwila, King County, Washington, of whom the current fee title holder is Container Properties, L.L.C. ( "Grantee "). RECITALS: A. Grantor is the owner of real property comprising approximately 19.62 acres located at what is commonly known as 9229 East Marginal Way, Tukwila, King County Washington (the "Real Property"). B. Grantor has submitted a short plat application with the City of Tukwila, Short Plat No. L05 -057 (the "Short Plat "), to subdivide the Real Property in to two lots, the westerly lot, Lot 1, comprising approximately 13.5 acres (hereinafter "Lot 1" or the "Benefited Property ") and the easterly lot, Lot 2, comprising approximately 6.47 acres (hereinafter "Lot 2" or the "Burdened Property"). A copy of the unrecorded Record of Survey depicting the Short Plat is attached as Exhibit A to this Easement. C. Grantor, as the present fee owner of Lot 2, the Burden Property desires to convey an access and utility easement on the northern boundary of Lot 2, for the benefit of Lot 1, the Benefited Property. D. Lot 2, the Burdened Property is legally described as set forth on Exhibit B. E. Lot 1, the Benefited Property is legally described as set forth on Exhibit C. F. The access and utility easement is legally described as set forth on Exhibit D (the "Easement Area "). TERMS AND CONDITIONS NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, declares and conveys to Grantee, and its successors and assigns in title to the Grantee Property, a nonexclusive perpetual easement over, under, across and through the Easement Area. PAGE 2 [03003 -0I79- 000000 /Ingress - Egress Easement ('ia170603').doe] I/17/07 1. Incorporation of Recitals 2. Purpose 3. Compliance with Laws and Rules • • The recitals set forth in Paragraphs A through F above are hereby incorporated by reference. Grantee shall have (a) the perpetual right of access, ingress and egress over, across and through the Easement Area for the purpose of vehicular and pedestrian access to and from the Grantee Property over the Easement Area, and (b) for the purposes of using, operating, repairing, maintaining, replacing and removing the Utility Lines. Grantee shall at all times exercise its rights herein in accordance with the requirements (as from time to time amended) of any public authority having jurisdiction and all applicable statutes, orders, rules and regulations. 4. Grantee's Use and Activities Grantee shall construct, build, maintain and repair the road over the Easement Area. Work performed by Grantee on the Easement Area shall be completed in a careful and workmanlike manner, free of claims or liens. 5. Covenants Running with the Land The terms and conditions of this Easement Agreement shall be covenants running with the land, and shall burden and benefit Grantor, Grantee and their respective successors and assigns in interest of the Grantor Property and the Grantee Property, respectively. At such time as Grantee no longer owns any of the Grantee Property, Grantee shall thereupon be released from all liabilities and obligations hereunder and all such liabilities and obligations shall be binding solely on Grantee's successors in interest to title to the Grantee Property. • 6. Assignment to Utility Provider The easement rights with respect to utilities granted hereunder are assignable by Grantee to any provider of utility services to the Grantee Property so long as such utility provider agrees to be bound by all of the terms and conditions set forth herein and Grantor consents to such assignment, which consent shall not be unreasonably withheld or delayed. Upon any such assignment, Grantee shall thereupon be released from all liabilities and obligations hereunder that accrue after the date of such assignment and all such liabilities and obligations shall be binding solely on the assignee. PAGE 3 103003 -0179- 000000 /Ingress - Egress Easement ('ia170603').docj 1/17/07 IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date first above written. Grantor: CONTAINER PROPERTIES, L.L.C., a Wash' gton limited liability company By Grantee: / / illiam A. Davis, is Authorized Member CONTAINER PROPERTIES, LLC, a Washington limited liability company ___Ad A Adi • • 1 Tilliam A. Davis, Its Authorized Member PAGE 4 [03003- 0179- 000000 /Ingress - Egress Easement ('ia170603').doc] 1/17/07 STATE OF WASHINGTON COUNTY OF KING On this /0 day of January, 2007, before me personally appeared WILLIAM A. DAVIS, to me known to be the Authorized Member of Grantor CONTAINER PROPERTIES, L.L.C., the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. t s= (Use This Space for Notarial Seal Startvat11 co: o ` r U NOTARY cot ' PUBLIC oOF WASN` ,%■• " IOW ss. [03003 -0179- 000000 /Ingress - Egress Easement ('ia170603').doc] • e )GacctuA4 Notary Public in and for the State of Washington, residing at j( My commission expires: 09 -c)..Lo O 8 I . 604,W.QX - [Type or Print Notary Name] PAGE 5 1/17/07 STATE OF WASHINGTON ) ) ss. COUNTY OF KING (Use TN,10$ M � i,)iotarial Seal �t' ),..2 ,�e ,, ArpNEXp' F � _2 o _a-1'W%. :0= m : (g •••. z� �: '1,11, ��0 �� *IP • • On this day of January, 2007, before me personally appeared WILLIAM A. DAVIS, to me known to be the Authorized Member of CONTAINER PROPERTIES, L.L.C., the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington, residing at K commission expires: Q c ) - 626 "o 3 . )641--m-e.r1e- [Type or Print Notary Name] PAGE 6 [03003 -0179- 000000 /Ingress - Egress Easement ('ia170603').docl 1/17/07 0 -J 0 W 0 O. 0 CC w • • Designed - Scale: D ECM Horizontal medal W R W 1' =150' WRW Vertical p,y01 /17/07 N/A 103003 -0179- 000000 /Ingress - Egress Easement ('ia170603').doc] EXHIBIT A Depiction of Real Property 588'51 "E 661.60' N88'51'081V 675.74' 35' INGRESS, EGRESS & UTILITY EASEMENT 75 t� h S2732'071 19.11' P.O.C. PROPOSED LOT 2 150 300 SCALE: 1'150' 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX CML ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES Job Number 10265 Street PAGE 7 1/17/07 Line A: Line B: • • EXHIBIT B Legal Description of Grantor /Burdened Property LOT 2 (EAST LOT) That portion of Tracts 1 and 2 of The Meadows, according to the partition map of part of the Francis McNatt Donation Land Claim No. 38 filed in King County Superior Court Cause No. 120091, and of the abandoned bed of the Duwamish River, all located in Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, and all lying Westerly of the Westerly margin of East Marginal Way South and also Westerly of the parcel of land adjoining East Marginal Way which was conveyed to Great Northern Railway Company by Deed recorded under Recording No. 4784818; lying Easterly of the Easterly margin of the right -of- way of Commercial Waterway District No. 1 (Duwamish Waterway); lying Southerly of the hereinafter described "Line A "; and lying Northerly of the hereinafter described "Line B ": COMMENCING on the Westerly margin of East Marginal Way South, which point bears North 88° 07' 02" West, a distance of 2470.01 feet along the Donation Claim Line and South 22° 32' 07" East, a distance of 648.77 feet along the Westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the East line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington; RUNNING THENCE South 88° 51' 08" West, a distance of 1574.72 feet to the East line of Commercial Waterway District No. 1; THENCE South 14° 00' 00" East along said Easterly line, a distance of 237.76 feet to the TRUE POINT OF BEGINNING of said "Line A "; THENCE South 88° 51' 08' East, a distance of 1058.10 feet; THENCE South 22° 10' 28" East, a distance of 46.03 feet; THENCE South 88° 51' 08" East, a distance of 542.82 feet to the Westerly margin of East Marginal Way South and the terminus of said "Line A "; COMMENCING on the Westerly margin of East Marginal Way South at a point which bears North 88° 07' 02" West, 2470.01 feet along the Donation Claim Line and South 22° 32' 07" East, 1374.17 feet along the Westerly margin of East Marginal Way South from the intersection of the line between the donation claims of Francis McNatt and Henry Van Asselt with the East line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, said point being at the intersection of the Westerly margin of East Marginal Way South with the North line of Van De Vanter Stock Farm tract and the POINT OF BEGINNING of said "Line B "; THENCE North 88° 18' 58" West, a distance of 14.95 feet; THENCE North 86° 46' 07" West, a distance of 486.97 feet; THENCE North 83° 08' 12" West, a distance of 117.00 feet; THENCE South 85° 06' 48" West, a distance of 119.00 feet; THENCE South 71° 49' 21" West, a distance of 110.17 feet; THENCE South 62° 42' 32" West, a distance of 842.28 feet, to the Easterly line of the right -of -way of Commercial Waterway District No. 1 and the terminus of said "Line B "; PAGE 8 [03003 -0179- 000000 /Ingress - Egress Easement ('ia170603').doe) 1/17/07 Lot 2: Situate in the City of Tukwila, County of King, State of Washington. TOGETHER WITH the right to cross the parcel conveyed to Great Northern Railway Company, as reserved in Deed recorded under Recording No. 4784818. That portion of the above lying East of the following "Line C"; COMMENCING at the aforesaid POINT OF BEGINNING of said "Line A "; THENCE South 88° 51' 08" East, a distance of 956.07 feet to the POINT OF BEGINNING; THENCE South 00° 50' 26" East, 445.25 feet to above - mentioned "Line B" and the point of terminus. PAGE 9 [03003 -0179- 000000 /Ingress - Egress Easement ('ia170603').docl 1/17/07 • 0 EXHIBIT C Legal Description of Grantee/Benefited Property LOT 1 (WEST LOT) That portion of Tracts 1 and 2 of The Meadows, according to the partition map of part of the Francis McNatt Donation Land Claim No. 38 filed in King County Superior Court Cause No. 120091, and of the abandoned bed of the Duwamish River, all located in Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, and all lying Westerly of the Westerly margin of East Marginal Way South and also Westerly of the parcel of land adjoining East Marginal Way which was conveyed to Great Northern Railway Company by Deed recorded under Recording No. 4784818; lying Easterly of the Easterly margin of the right -of- way of Commercial Waterway District No. 1 (Duwamish Waterway); lying Southerly of the hereinafter described "Line A "; and lying Northerly of the hereinafter described "Line B ": Line A: COMMENCING on the Westerly margin of East Marginal Way South, which point bears North 88° 07' 02" West, a distance of 2470.01 feet along the Donation Claim Line and South 22° 32' 07" East, a distance of 648.77 feet along the Westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the East line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington; RUNNING THENCE South 88° 51' 08" West, a distance of 1574.72 feet to the East line of Commercial Waterway District No. 1; THENCE South 14° 00' 00" East along said Easterly line, a distance of 237.76 feet to the TRUE POINT OF BEGINNING of said "Line A "; THENCE South 88° 51' 08" East, a distance of 1058.10 feet; THENCE South 22° 10' 28" East, a distance of 46.03 feet; THENCE South 88° 51' 08" East, a distance of 542.82 feet to the Westerly margin of East Marginal Way South and the terminus of said "Line A "; Line B: COMMENCING on the Westerly margin of East Marginal Way South at a point which bears North 88° 07' 02" West, 2470.01 feet along the Donation Claim Line and South 22° 32' 07" East, 1374.17 feet along the Westerly margin of East Marginal Way South from the intersection of the line between the donation claims of Francis McNatt and Henry Van Asselt with the East line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, said point being at the intersection of the Westerly margin of East Marginal Way South with the North line of Van De Vanter Stock Farm tract and the POINT OF BEGINNING of said "Line B "; THENCE North 88° 18' 58" West, a distance of 14.95 feet; THENCE North 86° 46' 07" West, a distance of 486.97 feet; THENCE North 83° 08' 12" West, a distance of 117.00 feet; THENCE South 85° 06' 48" West, a distance of 119.00 feet; THENCE South 71° 49' 21" West, a distance of 110.17 feet; THENCE South 62° 42' 32" West, a distance of 842.28 feet, to the Easterly line of the right -of -way of Commercial Waterway District No. 1 and the terminus of said "Line B "; TOGETHER WITH the right to cross the parcel conveyed to Great Northern Railway Company, as reserved in Deed recorded under Recording No. 4784818. PAGE 10 [03003 -0179- 000000 /Ingress - Egress Easement ('ia170603').docl 1/17/07 Lot 1: • • That portion of the above lying West of the following "Line C"; COMMENCING at the aforesaid POINT OF BEGINNING of said "Line A "; THENCE South 88° 51' 08" East, a distance of 956.07 feet to the POINT OF BEGINNING; THENCE South 00° 50' 26" East, 445.25 feet to above - mentioned "Line B" and the point of terminus. Situate in the City of Tukwila, County of King, State of Washington. PAGE I I [03003 -0179- 000000 /Ingress - Egress Easement ('ia 1 70603').doc] 1/I7/07 • EXHIBIT D Legal Description of Easement Area INGRESS /EGRESS AND UTILITIES EASEMENT An Ingress/Egress and Utilities Easement over, under, and across the following described land: That portion of Tracts 1 and 2 of The Meadows, according to the partition map of part of the Francis McNatt Donation Land Claim No. 38 filed in King County Superior Court Cause No. 120091, and of the abandoned bed of the Duwamish River, all located in Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, and all lying Westerly of the Westerly margin of East Marginal Way South and also Westerly of the parcel of land adjoining East Marginal Way which was conveyed to Great Northern Railway Company by Deed recorded under Recording No. 4784818; lying Easterly of the Easterly margin of the right -of- way of Commercial Waterway District No. 1 (Duwamish Waterway); lying Southerly of the hereinafter described "Line A "; lying Northerly of the hereinafter described "Line B ", and lying Easterly of the hereinafter described "Line C ". Line A: COMMENCING on the Westerly margin of East Marginal Way South, which point bears North 88° 07' 02" West a distance of 2470.01 feet along the Donation Claim Line and South 22° 32' 07" East a distance of 648.77 feet along the Westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the East line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington; RUNNING THENCE South 88° 51' 08" West, a distance of 1574.72 feet to the East line of Commercial Waterway District No. 1; THENCE South 14° 00' 00" East along said Easterly line, a distance of 237.76 feet to the POINT OF BEGINNING of said "Line A "; THENCE South 88° 51' 08" East, a distance of 1058.10 feet; THENCE South 22° 10' 28" East, a distance of 46.03 feet; THENCE South 88° 51' 08" East, a distance of 542.82 feet to the Westerly margin of East Marginal Way South and the terminus of said "Line A "; Line B: COMMENCING on the Westerly margin of East Marginal Way South at a point which bears North 88° 07' 02" West, a distance of 2470.01 feet along the Donation Claim Line and South 22° 32' 07" East a distance of 1374.17 feet along the Westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the East line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, said point being at the intersection of the Westerly margin of East Marginal Way South with the North line of Van De Vanter Stock Farm Tract and the POINT OF BEGINNING of said "Line B "; THENCE North 88° 18' 58" West, a distance of 14.95 feet; THENCE North 85° 46' 07" West, a distance of 486.97 feet; THENCE North 83° 08' 12" West, a distance of 117.00 feet; THENCE South 85° 06' 48" West, a distance of 119.00 feet; PAGE 12 [03003 -0179- 000000 /Ingress - Egress Easement ('ia170603').docl 1/17/07 THENCE South 71° 49' 21" West, a distance of 110.17 feet; THENCE South 62° 42' 32" West, a distance of 842.28 feet to the Easterly line of the right -of -way of Commercial Waterway District No. 1 and the terminus of said "Line B ". Line C: COMMENCING at the aforesaid POINT OF BEGINNING of said "Line A "; THENCE South 88° 51' 08" East, a distance of 956.07 feet to the POINT OF BEGINNING of said "Line C "; THENCE South 00° 50' 26" East, 445.25 feet to the above - mentioned "Line B" and the POINT OF TERMINUS. Said easement being a strip of land, 35 feet in width, lying 17.50 feet on each side of the following described centerline: COMMENCING at the Northeast corner of said property on the Westerly right -of -way of East Marginal Way; THENCE South 22° 32' 07" East, 19.11 feet along said right -of -way line to the POINT OF BEGINNING; THENCE parallel to the North line of said property and lying 17.50 feet South thereof, North 88° 51' 08" West, 668.67 feet to the terminus. The sidelines of said easement shall be shortened or lengthened as necessary to intersect at the Easterly and Westerly boundaries of said property. Situate in the City of Tukwila, County of King, State of Washington. • PAGE 13 103003 -0179- 000000 /Ingress • Egress Easement ('ia170603').doel 1/17/07 RECEIVED JUL 0 3 2006 DEVELOP STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008 -5452 • (425) 649 -7000 June 30, 2006 Carol Lumb, Senior Planner Department of Community Development City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98199 Ivana Halvorsen Barghausen Consulting Engineers, Inc. 18215 72 Avenue South Kent, WA 98032 Dear Ms. Lumb and Ms. Halvorsen: Re: Purpose of Letter: This letter is to notify you that the Department of Ecology has received the City of Tukwila's shoreline variance decision on your application to: Build 27 parking stalls associated with a proposed building, as part of redevelopment of an industrial site, at 9229 East Marginal Way South, within shoreline jurisdiction of the Duwamish Waterway. The Department of Ecology must review any shoreline variance permit issued by a local government before the project is started. The Washington Administrative Code (WAC) requires the department do such a review in order to determine whether that local variance permit should be approved, denied, or approved with additional conditions (WAC 173 -27 -200). Our decision: City of Tukwila Shoreline Variance L05 -051 Barghausen Engineering for Davis Properties - Applicant Shoreline Variance Permit 2006 -NW 80038 I certify that I mailed a copy of this document to the persons and addresses listed herein, postage prepaid, • . a r - ptacle for United States mail in ari ✓ u e Was ' • ton, o We agree with the City of Tukwila that, if you comply with their conditions and with the additional condition listed below, your project will be consistent with their master program and the criteria in law for granting a variance permit (WAC 173 -27 -170): • 0 Ms. Lumb and Ms. Halvorsen June 30, 2006 Page 2 The applicant hereby authorizes Ecology staff and their designees to have access to the subject property for the purposes of compliance inspection and monitoring. Such right of access shall begin from the date of the receipt of this letter, during construction, and extend for a period of five years following project completion. Ecology staff must provide reasonable verbal notice to the applicant or their designee prior to coming onto the site. The permit, as conditioned, is hereby approved. This approval means that you have met the requirements of the Shoreline Management Act of 1971 (Ch. 90.58 of the Revised Code of Washington). Other federal, state, or local approvals may also be required. What should I do next? You must wait at least twenty -one (21) days from the date of this letter before you start the work authorized by this permit. This waiting period is to allow anyone disagreeing with any aspect of your permit to appeal to the Shorelines Hearings Board. If anyone does appeal your permit, you must wait until the appeal is over before you start work. The Shorelines Hearings Board will notify you by letter if they receive an appeal. To be sure the Shorelines Hearings. Board has not received an appeal, we advise you to call them at (360) 459 -6327 before you begin work. If you have any questions about this letter, please contact Betty Renkor at (425) 649 -4309. Sincerely, Geoff Tallent, Section Supervisor Shorelands and Environmental Assistance Program GT:BR:ca cc: Jeffrey Davis, Davis Properties Enclosure THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A . CONDITIONAL USE OR VARIANCE PERMIT Variance: City of Tukwila # L05 -051 APPLICANT: Barghausen Engineering for Davis Properties DEPARTMENT OF ECOLOGY PERMIT # 2006 -NW -80038 DATE RECEIVED BY THE DEPARTMENT: June 2, 2006 DATE APPLICATION COMPLETE: June 2, 2006 APPROVED as conditioned. I THIS VARIANCE -IS APPROVED BY THE DEPARTMENT PURSUANT TO CHAPTER 90.58RCW. DEVELOPMENT SHALL BE UNDERTAKEN PURSUANT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS: The applicant hereby authorizes Ecology staff and their designees to have access to the subject property for the purposes of compliance inspection and monitoring. Such right of access shall begin from the date of the receipt of this letter, during construction, and extend for a period of five years following project completion. Ecology staff must provide reasonable verbal notice to the applicant or their designee prior to coming onto the site. DATE: June 30, 2006 • • (Signature of authorized department official) 1 WRW/jjss 10265L.003.doc • LEGAL DESCRIPTION • RECEIVED INGRESS /EGRESS AND UTILITIES EASEMENT CL DEVEL(h An Ingress /Egress and Utilities Easement over, under, and across the following described land: That portion of Tracts 1 and 2 of The Meadows, according to the partition map of part of the Francis McNatt Donation Land Claim No. 38 filed in King County Superior Court Cause No. 120091, and of the abandoned bed of the Duwamish River, all located in Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, and all lying Westerly of the Westerly margin of East Marginal Way South and also Westerly of the parcel of land adjoining East Marginal Way which was conveyed to Great Northern Railway Company by Deed recorded under Recording No. 4784818; lying Easterly of the Easterly margin of the right -of -way of Commercial Waterway District No. 1 (Duwamish Waterway); lying Southerly of the hereinafter described "Line A"; lying Northerly of the hereinafter described "Line B ", and lying Easterly of the hereinafter described "Line C ". Line A: COMMENCING on the Westerly margin of East Marginal Way South, which point bears North 88° 07' 02" West a distance of 2470.01 feet along the Donation Claim Line and South 22° 32' 07" East a distance of 648.77 feet along the Westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the East line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington; RUNNING THENCE South 88° 51' 08" West, a distance of 1574.72 feet to the East line of Commercial Waterway District No. 1; THENCE South 14° 00' 00" East along said Easterly line, a distance of 237.76 feet to the POINT OF BEGINNING of said "Line A "; THENCE South 88° 51' 08" East, a distance of 1058.10 feet; THENCE South 22° 10' 28" East, a distance of 46.03 feet; THENCE South 88° 51' 08" East, a distance of 542.82 feet to the Westerly margin of East Marginal Way South and the terminus of said "Line A"; Line B: COMMENCING on the Westerly margin of East Marginal Way South at a point which bears North 88° 07' 02" West, a distance of 2470.01 feet along the Donation Claim Line and South 22° 32' 07" East a distance of 1374.17 feet along the Westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the East line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, said point being at the intersection of the Westerly margin of East Marginal Way South with the North line of Van De Vanter Stock Farm Tract and the POINT OF BEGINNING of said "Line B "; THENCE North 88° 18' 58" West, a distance of 14.95 feet; THENCE North 85° 46' 07" West, a distance of 486.97 feet; ECEOVED Project Name: Davis Property & Investment SEP 2 3 2005 August 31, 2005 Page 1 of 2 TUKvv L, PUBLIC WORKS THENCE North 83° 08' 12" West, a distance of 117.00 feet; THENCE South 85° 06' 48" West, a distance of 119.00 feet; THENCE South 71° 49' 21" West, a distance of 110.17 feet; THENCE South 62° 42' 32" West, a distance of 842.28 feet to the Easterly line of the right -of -way of Commercial Waterway District No. 1 and the terminus of said "Line B ". Line C: • COMMENCING at the aforesaid POINT OF BEGINNING of said "Line A "; THENCE South 88° 51' 08" East, a distance of 772.68 feet to the POINT OF BEGINNING of said "Line C "; THENCE South 00° 50' 26" East, 445.25 feet to the above - mentioned "Line B" and the POINT OF TERMINUS. Being a strip of land, 30 feet in width, lying 15.00 feet on each side of the following described centerline: COMMENCING at the Northeast corner of said property; THENCE South 22° 32' 07" East, 21.84 feet along the West right -of -way line of East Marginal Way to the POINT OF BEGINNING; THENCE North 88° 51' 08" West, 669.68 feet to the terminus. The sidelines of said easement shall be shortened or lengthened as necessary to intersect at the Easterly and Westerly boundaries of said property. Situate in the City of Tukwila, County of King, State of Washington. Project Name: Davis Property & Investment August 31, 2005 WRWfjss 10265L.003.doc Page 2 of 2 3/ si2a2f woo l tp�0 4 EXPIRES 08-19 -2007 • PROPOSED LOT 1 SCALE: 1'x200' 30' INGRESS /EGRESS & UTILITY EASEMENT PROPOSED LOT 2 •7 4 N O File: P: \10000s \10265 \survey \10265EX2.dwg Date/Time: 08/31/2005 10:52 Scale: 1 =200 slink Xrefs: Job Number 10265 Sheet 1 of 1 oron SRF Checked WRW me 8/30/05 18215 72ND AVENUE SOUTH KENT. WA 98032 (425)251 -6222 (425)251 -8782 FAX CM. ENGINEERING. LAND PLANNING. SURVEYING. ENNRONYENTAL SERVICES Title: DAVIS PROPERTY & INVESTMENT INGRESS/ EGRESS & UTILITY EASEMENT EXHIBIT April 28, 2006 Mr. Jeff Davis Davis Properties P.O. Box 1043 Kent, WA 98035 -1043 RE: Property at 9229 East Marginal Way South Dear Mr. Davis: A public hearing has been scheduled for May 9, 2006 at 9:00 a.m. to consider the shoreline variance request. Once a decision is issued by the Hearing Examiner, if the request is approved, then the City can issue the shoreline substantial development permit. That permit is valid for two years from the effective date of the permit (the date a complete submittal is filed with the Department of Ecology). A one -time extension of up to one year can be granted based on reasonable factors. Once construction begins, you have five years to complete the development from the effective date of the shoreline permit. Again, a one -time extension of up to one year can be granted based on reasonable factors. Requests for permit extensions must be submitted prior to the expiration of the permit. Since you are still conducting clean up activities on the eastern portion of the site, I wanted to make sure you were aware of the time limits on the permit once it is accepted by Ecology. If you will be substantially delayed in constructing the building, you may want to request that the City delay action on the shoreline substantial development permit. Please let me know when you anticipate beginning construction of the building on the site. If you have any questions, please let me know. I can be reached at 206 - 431 -3661. Sincerely, ( 96014 ) Carol Lumb Senior Planner • City of Tukwila Department of Community Development Steve Lancaster, Director cc: Nora Gierloff, Planning Manager Steven M. Mullet, Mayor CL Page 1 of 1 04/27/2006 4:26 PM �3nR . Sn,theenter Rnulevard_ Suite #10 • Tukwila_ Washington 08188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 From: Jill Mosqueda To: carol-l@ci.tukwila.wa.us, Date: 4/18/06 7:43PM Subject: Re:105 -057 I didn't see it in my file. I don't need to see it, as long as it is separate from or in addition to what is on the short plat. It just needs to be recorded with the short plat. «< Carol Lumb 4/18 8:31a »> Yes - I will check, although when I was looking in the SP file, I noticed they gave us proposed easement language. Did I not give that to you to review when I circulated the project for comments? If not, I can send you over a copy. Carol »> Jill Mosqueda 04/17/06 08:09AM »> On the short plat, I think i left out the "provide access easement as a separate document before recording ". Would you check for me and include it, if I missed it? thanks L. Jill Mosqueda P.E. »> Carol Lumb 04/14/06 10:07AM »> Wow! that is fast - thanks so much. Carol »> Jill Mosqueda 04/14/06 09:58AM »> here is the SP comment letter for you L. Jill Mosqueda P.E. • 0 II • From: <Brown.Christy @epamail.epa.gov> To: Carol Lumb <clumb @ci.tukwila.wa.us> Date: 4/17/06 9:15AM Subject: Re: Eastern Portion of Rhone Poulenc Site Hello. Yes, they have asked us to separate out the East parcel from the rest of the site. The contamination patterns are very different between the two parcels, and they seem to have different redevelopment plans for the two parcels. That being said, both parcels will remain subject to the Order unless they can achieve a "corrective action complete without controls" on the East Parcel -- longhand for "cleaned up to residential standards ". They aren't there yet -- more field work is certainly in order, based on the data we have so far. We have been working with them to substantially revise the East Parcel Cleanup Work Plan (the one they just sent you) - so you need to know that that particular document (November 2005) will not be approved as written. I haven't seen a revised work plan yet. My understanding is that they aren't planning to start construction on the east parcel until they've gotten some sort of buy-off from EPA and have been able to determine whether they can achieve a walk -away cleanup on that parcel or will be left with some residual contaminants (at the "industrial" levels found in MTCA). Hope that helps. Feel free to call or email! - christy Carol Lumb <clumb @ci.tukwil a.wa.us> To Christy Brown /R10 /USEPA/US @EPA 04/11/2006 04:20 cc PM Sandra Whiting <swhiting @ci.tukwila.wa. us> Subject Eastern Portion of Rhone Poulenc Site Hi Christy: I just received a copy of the Draft East Parcel Cleanup Work Plan, prepared in November, 2005 by Geomatrix for the former Rhone Poulenc site. The document mentions requesting EPA to separate out the eastern portion of the site, which will be developed with the warehouse /office building and associated parking, from the western portion of the site in terms of coverage by the Order. • • I'm wondering if EPA agreed to this request? Has the site been cleaned up to EPA's satisfaction? I don't see how our applicant can do excavation and construct a building on a site that still has contamination issues. Would appreciate any thoughts /info you have on this. Thanks much. Carol CC: Sandra Whiting <swhiting @ci.tukwila.wa.us> • CITY OF TUKWILA PUBLIC WORKS PROJECT REVIEW COMMENTS www.ci.tukwila us Development Guide lines and Design and Construction Standards Permit #: L05 -057 Project Name: Davis Properties /Rhone - Poulenc Project Address: 9229 EMWS Review #: NA Date: 04.14.2006 Reviewer: L. Jill Mosqueda, P.E. The City Of Tukwila Public Works Department (PW) has the following comments regarding the above permit application. Please contact Jill Mosqueda P.E. at 206.431.2449, if you have any questions. A. Public Works recommends preliminary approval for this subdivision per TMC 17.12.020 C. The information provided by the Applicant shows that: 1. Appropriate provisions consistent with current Public Works standards can be made for water, sewer, storm drainage, erosion prevention and sanitary sewage disposal, 2. Appropriate provisions consistent with current Public Works Standards can be made for road, utilities and other improvements, 3. Appropriate provisions can be made for dedications, easements, and reservations, 4. Appropriate provisions can be made for maintenance of commonly owned private facilities. B. Please include this condition in the Preliminary Approval Conditions. Provide an access easement across the front lot and benefiting the back lot. The easement shall be shown on the plat and shall be granted by a separate easement document to be recorded with the short plat. Please contact Jill Mosqueda at 206.431.2449, if you have any questions regarding this condition. Projects /L05 -057 SP 1 &HAV i S` \r \. /I n �' 'I Ole < � 1 G ENG" Ms. Carol Lumb City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 Dear Ms. Lumb: • CIVIL ENGINEERING, LAND PLANNING. SURVEYING, ENVIRONMENTAL SERVICES April 7, 2006 HAND DELIVERY RE: Response to Comments — Davis Property and Investment 9229 East Marginal Way South, Tukwila, Washington City of Tukwila File Nos L05 -050, L05 -051, L05 -055, L05 -057, and E05 -11 Our Job No. 10265 We have revised the plans and other documents for the above - referenced project in accordance with your comment letter dated March 2, 2006. Enclosed are the following documents for your review and approval: 1. Six copies of the revised plan set, including: a. Shoreline Site Plan (Sheets P1 to P2 of 2) b. Landscape Plan (Sheets L1 to L3 of 3) c. Preliminary Grading and Storm Drainage Plan set (Sheets Cl to C4 of 4) 2. Three copies of the revised SEPA Environmental Checklist prepared by Barghausen Consulting Engineers, Inc., dated April 7, 2005 3. Three copies of the Draft East Parcel Cleanup Work Plan prepared by Geomatrix Consultants, Inc. 4. Three copies of the Depth of Fill at Former Rhone Poulenc Site Memorandum prepared by Geomatrix Consultants, Inc., dated April 6, 2006 5. Three copies of the Revised Operation, Monitoring, Inspection, and Maintenance Plan prepared by Geomatrix Consultants, Inc., dated February 2006 6. Three copies of the Approval with Modification of Western Parcel Redevelopment Work Plan prepared by Christy Brown, United States Environmental Protection Agency dated March 29, 2006 7. Three copies of the easement granted by Monsanto Chemical Company (King County Recording No. 4784818) 8. One copy of the letter from Ms. Carol Lumb, City of Tukwila, to Ms. Ivana Halvorsen, Barghausen Consulting Engineers, Inc., dated March 2, 2006 The following outline provides each of your comments in italics exactly as written, along with a narrative response describing how each comment was addressed: 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX BRANCH OFFICES • OLYMPIA, WA • TEMECULA, CA • WALNUT CREEK, CA www.barghausen.com • Ms. Carol Lumb City of Tukwila Department of Community Development -2- April 7, 2006 1. During the 30 -day public comment period, which ended on February 23, 2006, one comment letter was received from the Muckleshoot Indian Tribe. A copy of the letter is enclosed and a response to the issue raised in the letter is needed prior to issuance of SEPA. Response: Please see the enclosed Depth of Fill at Former Rhone Poulenc Site Memorandum prepared by Geomatrix Consultants, Inc., dated April 6, 2006. 2. King County Code 25.16.030 E.2. requires at least five feet of landscaping to screen parking areas — please revise the landscape plan to show 5 feet of landscaping on the western edge of the site where cars will be parked as part of the lease of the property to Insurance Auto Auction. Response: The Shoreline Site Plan set, the Landscaping Plan set, and the Preliminary Grading and Storm Drainage Plan set have been revised to depict a 5- foot -wide landscape strip along the western and southern edges of the site adjacent to the Duwamish Waterway and Slip No. 6 (Port of Seattle), respectively, in accordance with KCC, Section 25.16.030 E.2, .3, .4. 3. Thank you for providing a copy of the easement granted by Monsanto Chemical Company to the four railroad companies. Unfortunately, the lower portion of the easement language on the first page is not legible (see enclosed copy). Please provide a copy that can be easily read. Response: An easily legible copy of the easement granted by Monsanto Chemical Company cannot be located; therefore, we have included our most legible copy and believe that the lower portion of the easement language on the first page reads as follows: "the Grantor expressly reserves to itself, its successors or assigns, the right for its servants and agents, and any other person or persons acting for the benefit, or on behalf, of Grantor, its successors or assigns to cross the strip or parcel of land hereby conveyed at such place or places and at such time or times as the Grantor, it successors or assigns, may desire, and the Grantor further expressly reserves to itself, its successors or assigns, the right to cross said strip or parcel of land at any time with electric, water, gas, telephone, or other utility service lines, entrances or exits in a manner which will not obstruct the railroad uses of said strip or parcel of land;" 4. The SEPA Checklist states that the building to be constructed will be 185,000 sq. ft. in size; Sheet PI of 2 shows a building that is 84,000 sq. ft. in size — which is correct? Response: The SEPA Checklist has been revised to state that the constructed building will be 84,000 square feet in size. 5. Please revise the Benjamin Moore color #1177 to use a less pink and more tan -toned color to etter complement the green tones that are being used for accent. See the enclosed photo simulation of color #1177 on the body of a building. Response: Ron Houde Architects, LLC will work directly with the City of Tukwila to resolve the color issue. The applicant agrees to use an alternative color. ) so o Ms. Carol Lumb City of Tukwila Department of Community Development -3- April 7, 2006 6. Sheet C -1 shows a water quality /wet pond – will this be used in addition to the stormceptor system that is shown on Sheet C -4? Response: No. The water quality /wet pond note on Sheet C -1 has been removed as the site will utilize the Stormceptor® for the on -site water quality system. 7. Your comment #6 states that a work plan for addressing the contamination on the eastern portion of the site was included – I did not find that enclosure. Response: Six copies of the Draft East Parcel Cleanup Work Plan prepared by Geomatrix Consultants, Inc., dated November 2005 are enclosed. 8. Your comment #12 states that the Operation, Monitoring, Inspection and Maintenance Plan was included — I did not find that enclosure. Response: Please see the enclosed Revised Operation, Monitoring, Inspection, and Maintenance Plan prepared by Geomatrix Consultants, Inc., dated February 2006. 9. Is there a contingency plan for relocating the wells after re- paving if using the metal detector does not work? Response: Several precautions have been taken to ensure that monitoring wells specified for continued monitoring will be returned to service after completing redevelopment of the western parcel. In addition to placing the metal plates over the wellheads, the location of each well has been surveyed by a licensed surveyor. If attempts to locate a buried well using a metal detector are unsuccessful, the known location will be surveyed. The metal detector and a GPS locator will be used initially to locate the wells after repaving has been completed. If neither the metal detector nor the survey can successfully locate a well, Container Properties will work with the EPA to resolve groundwater monitoring issues. Please note that the EPA has formally approved the redevelopment plan. An Approval with Modifications (enclosed) was issued by the EPA on March 29, 2006. The modification requested by EPA has been made. The following comments are provided as information items that will be addressed at the building permit stage: 1. During a site inspection on January 27, 2006, it was noted that the filter fence along the western boundary of the site does not extend to the berm, leaving a gap which could allow sediment to enter the river. Prior to any grading on the site, the filter fence must be corrected. Response: Comment noted. 2. For the building permit, please provide details on the wheel wash and its proposed location. Response: Comment noted. Ms. Carol Lumb City of Tukwila Department of Community Development -4- April 7, 2006 3. The approximate location of the personal decontamination station should be shown on the plans. Response: Comment noted. This will be completed with the Building Permit plans. 4. The Western Parcel Redevelopment Work Plan prepared by Geomatrix recommends using a Vortechs water quality system for stormwater treatment while Sheet C -4 shows a stormceptor as the water quality control feature. The building permit drawings should clarify which structure will be used. Response: A Stormceptor® will be installed and utilized as the water quality control feature. Building Permit drawings will reflect this information. 5. The building permit shall include a design approval letter from the storm water treatment manufacturer and a storm drainage maintenance schedule that clearly stats who, what, when and how maintenance will be performed. This must be in a format acceptable to King County for recording. Response: Comment noted. 6. Traffic impact fees, based on the 2006 Traffic Impact Fee Schedule, will be levied as part of the building permit. Response: Comment noted. We believe that the above responses, together with the enclosed revised plans and other documents, address all of the comments in your letter dated March 2, 2006. Please review and approve the enclosed at your earliest convenience. If you have questions or need additional information, please do not hesitate to contact me at this office. Thank you. Respectfully, Brendan T. Madden Assistant Planner BTM/dm/ath 10265c.014.doc enc: As Noted cc: Mr. Jeff Davis, Davis Property and Investments (w /enc) Mr. Larry McGaughey, Geomatrix Consultants, Inc. Mr. Daniel K. Balmelli, Barghausen Consulting Engineers, Inc. Ms. Ivana Halvorsen, Barghausen Consulting Engineers, Inc. IRHK e"/ eUUb 11: 10MM 4 ot.D09° "" OPTIONAL FOa�+TRA FAX Lamb O P4atm L . , j Fax y ' 3 GENERAL sarivicEs ADMINISTRATION NSN 754-01 -317-736111 7 ea Areas-1W, .e4(74F-/W ol#Le Redive(epiner0 `?/einfrrAii /J a famil4 fAit M, a cad( . yol( Geteie Ciy fi J 7O . SEM Ca71/711117 ale �ti6tC� ih �i3. hr LhbtKJt1 .cuu • P• i r11K et LUUb I 1 : 1w -r7 Reply To Atm Of: AWT -121 r1 r' LrWtIJ . 1 acuu • Gary Dupuy Geomatrix, Inca One Union Square - 600 University Street, Suite 1020 Seattle, WA 98101 -4107 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1203 Sixth Avenue Seattle, Washington 08101 FEB 0 6 2006 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Re: Comments Regarding Western Parcel Redevelopment Work Plan Administrative Order on Consent for Corrective Action ('Order") Under the Resource Conservation and Recovery Act ( "RCRA ") Docket No. 1091- 11- 20- 3008(h) . . Rhone -Poulenc Inca Marginal Way Facility WAD 00928 2302 Dear Mr. Dupuy: The U.S. Environmental Protection Agency, Region 10 ( "EPA ") has completed its review of the Western Parcel Redevelopment Work Plan ( "Redevelopment Work Plan ") dated November-14,. 2005. The Redevelopment Work Plan includes specifications for well abandonment, earthwork, storm water management, well retrofitting, paving, and re- fencing to be conducted In the western portion of the Facility, co- located with the existing approved subsurface Hydraulic Control Interim Measure. These activities are proposed in order to enable this portion of the Facility to be leased to a tenant for storing and auctioning vehicles. • Comments regarding the Redevelopment Work Plan are enclosed. Pursuant to Section VILA of the Order, the Redevelopment Work Plan must be revised to fully address these comments. In accordance with Paragraph 7.3 of the Order, Respondents must submit a revised final Redevelopment Work Plan including all revisions specified above to EPA within thirty (30) calendar days of receipt of this letter. Respondents are cautioned that the work set forth In the Redevelopment Work Plan is scheduled to occur prior to the approval of a Corrective Measures Study and selection by EPA of a final corrective measure. The process of selecting a corrective measure is subject to public review and comment, Tribal consultations, and consultations with other federal agencies under the Endangered. Species Act. This work could be in conflict with work that EPA determines is required to be conducted under. the Order, and is, thus, being undertaken at the Respondents' risk. For example, aspects of this redevelopment work could be required to be redone or disturbed to the extent that they are determined by EPA to be inconsistent with work required under the Order. In addition, the tenant's operation of the site could be interrupted by future work that is required under the Order. Nothing in the Redevelopment Work Plan, or EPA's communication relating to it, alters or affects Respondents' existing responsibilities and obligations under the Order. o?/06/e6 Mad 0..tW,ro,+M•PWat AR 27 2006 1 1 : 16RM HP LHSERJE I JeUU • You may contact me at (206) 5534508, or your legal counsel may contact Jennifer MacDonald at (206) 553 -8311, if you have any questions regarding this letter. Sincerely, hristy Brown Project Manager Office of Air, Waste, and 'kudos cc:. G. St. Arrant, Muckleshoot Tribe B. Maeng, Ecology NWRO G. Baker, NOAA D. Blount, Landye Bennett Biumstein LLP R. Brown, Cascadla Law Group C. Blumenfeld, Perkins Cole P. Linskey, Rhodla Inc. G. Goodridge, Esq., Bayer CropScience P. 4 MAR 27 2006 11:18RM HP LASERJET 3200 p.4 • GENERAL COMMENTS: Western Parcel Redevelopment Work Plan November-14, 2005 Former Rhone - Poulenc Facility Tukwila, Washington EPA Review Comments January, 2006 1. Jurisdiction and Approval Authority. The Western Parcel Redevelopment Work Plan ( "Redevelopment Work Plan ") includes descriptions and specifications for work to be conducted under several regulatory jurisdictions. It is difficult to ascertain, as written, which sections require EPA's review and approval, which sections constitute modifications of previously approved work plans and. which sections were provided for information. Work that requires EPA's approval under the Order includes source removal, sampling procedures and Quality Assurance Project Plans (QAPPs) to be utilized in the event grading uncovers contaminated soils, and .engineering plans and specifications for the paving if It is to be approved as a new Interim measure (see General Comment No. 6). Work that requires EPA approval of modifications to previously approved work plans includes changes to site security plans and modifications to the protective cap.over the barrier wall. Other portions of the Redevelopment Work Plan, such as the storm water management plan and the State Environmental Policy -Act (SEPA) checklist may require approval from other regulatory jurisdictions such as the State, King County and/or the City of Tukwila, or are provided only for information, such as the lease. The Redevelopment Work Plan must be revised, at a minimum, to clearly identify provisions and/or work which constitute a modification to previously approved work plans, or otherwise require EPA's approval under the Order. EPA's approval will be limited to those portions of the Redevelopment Work Plan, and will not include: other provisions such as the lease, Stormwater Pollution, Prevention Plan, Health and Safety Plan, or SEPA checklist Note that it would be helpful if the lead agency for each of the other sections of the Redevelopment Work Plan were also clearly identified. 2. Source Removal. Prbr to Redevelopment The Redevelopment Work Plan must be revised to describe the work that has been and/or will be done to remove and/or abandon the remaining sumps and vaults present at the facility. EPA has received the 'Affected Soil .Removal Plan," dated January 24, 2006, which addresses removal of surface soil in the northwestern corner of the Facility. Comments regarding the January 24 soil removal plan win be forwarded under separate cover. Respondents should note that there may be other areas of the Facility that contain sources of contamination that EPA will determine need to be addressed prior to achieving a corrective action complete determination. Respondents undertake this redevelopment at their own risk knowing that a Corrective Measures Study has not been approved by EPA; EPA has not yet selected a remedy; the work done now may be disturbed in the future; and operations at the Facility may be interrupted by future work required under the Order. MAR 27 2006 11:18AM HP LASERJET 3200 3. • Site Security. (Pages.2. 10, and Appendix E.) • Page 10 of the Redevelopment Work Plan indicates that new security fencing will be installed along the eastern boundary of the western parcel. This page states that . access to the western parcel is to be'through the Tenant's adjoining facility to the north. The treatment building, extraction wells, associated piping, and at least some of the monitoring wells will be located inside this fenced area on the western parcel. Drawing 3 of Appendix C, however, appears to indicate that gates will be located in the new boundary fencing between the eastern andWestern parcels. This drawing does not indicate that there will be access gates along the northern fence line. This drawing also appears to indicate.the presence of a double fence.along the western site boundary. If . accurate, several of the monitoring wells will be located between these fences. although no gates are indicated. The drawing also seems to indicate a double fence located at the of the bank of Slip 6. Further confusion is introduced on page 1, where the second to last full sentence indicates that the development activities will Include construction . of a permanent fence 'eking the western parcel boundaries, Implying that all of the fencing will be replaced. The Redevelopment Work Plan must be revised to include. a figure dearly indicating where the security fence(s) and access points will be ' .located, and this figure must be consistent with the text. The' Tenant's adjacent premises. appear to be open to the public during the day. The Redevelopment Work Plan does not state whether the western parcel will be open to the public as well. The Redevelopment Work Plan must be revised to specify how site security will be established and maintained if there is to be public use of the western . parcel during business hours. For example, how will the treatment building and well . heads be secured? Where will warning signs be installed and what will they state? How will piping and andllary equipment be protected? • • Page 2 of the Redevelopment Work Plan indicates that 'security will be provided by IAAI' after installation of the new security fencing. Changes to the security fencing require a modification of the anon :wed Hydraulic Control Interim Measures Work Plan. In addition, this sentence must be revised to clarify that the terms of the lease do not obviate the Respondents' responsibilities and obligations under the Order and the approved Hydraulic Control Interim Measures Work Plan to provide and maintain • adequate security for the Facility. • 4. Access. (Pages 3, 10, and 11.) Several sections of the Redevelopment Work Plan indicate that the lease includes provisions to ensure that the interim measure facilities and monitoring wells can • be freely accessed "for routine operation and for groundwater monitoring' after control of the parcel is assumed by the Tenant. As discussed later in these-comments, however, the lease only provides access "after reasonable advance written notice from Landlord" (page 6 of lease agreement). This provision does not provide EPA with access as required' by Paragraph 10.1 of the Order. Paragraph 10.1 of the Order requires that, if the Facility is locked or otherwise closed to workers and visitors during regular business hours or at an otherwise reasonable time, the Respondents make the Facility accessible • to EPA Within four (4) hours of oral notice of EPA's intent to enter the Facility. The Redevelopment Work Plan must be revised to comply with the Order. • Additionally, while the lease does require the Tenant to allow the Landlord or EPA • to enter the premises to.conduct work, the lease does not appear to include provisions to maintain or obtain physical access to the interim measure facilities and .monitoring wells or access for later 'corrective measures Implementation or Other work that may be required under the Order. The Redevelopment Work Plan must be revised to specify how ready access to wells, treatment equipment, and/or the barrier wall cap will be assured if, for example, vehicles are parked on or In front of them and to address access for other work that may be required under the Order. P.* MHK et eUUb 1 1 : 1 UHM lit' LHtitKJt 1 iGUU • • SPECIFIC COMMENTS: 5. Protection and Maintenance of Interim Measures. The Redevelopment Work Plan must be revised to specify what measures will be taken to ensure that the existing interim measures facilities are adequately protected from the Tenant's activities on the site. For example, the Redevelopment Work Plan must clearly specify if all wells are to have flush- mounted surface completions rather than protective barriers. Are there restrictions on the Tenant's activities within a specified distance of the building which houses the treatment plant? Is digging 'or other reconstruction prohibited? is the Tenant required to • immediately notify Respondents of any damage to or problems observed with the interim measure (e.g., leaks, cracking pavement, etc.)? 8. ' Capping. (Pages 10 and 23.) The Redevelopment Work Plan must be revised to dearly state whether the asphalt paving is being proposed as a new interim measure (a cap to control nn-on and run -off and prevent exposure'to soils) in addition to the existing, approved hydraulic control interim measure. If the asphalt paving is being proposed as an additional interim measure, the Redevelopment Work Plan must indude design specifications, run-on and run-off control measures and supporting calculations, a construction quality assurance , plan, etc. in accordance with applicable guidance for RCRA caps. The Redevelopment Work Plan must also be revised to consistently provide the thickness of paving to be used at the site; page 10 indicates that 4° of asphalt will be used, while page 23 indicates that 3' of asphalt will be used. The Redevelopment Work Plan must also be revised to dearly demark the areas of the facility where a cap has already been approved and installed as a protective cover for the barrier wall (see pages 5-15 and Appendix A, Drawing 8 of the December 2, 2002 Hydraulic Control Interim Measures Construction Work Plan). This protective cover over the barrier wall must be retained and maintained as required. Provide engineering drawings and technical specifications for extending the cap. to the new grade. Provide procedures for installing and locating the settlement plates, and correlating the new surface elevation to the top of the barrier wall so that the wall may continue to be routinely monitored for subsidence as required by page 6-8 of the Hydraulic Control interim Measures Work Plan. Once again, Respondents are cautioned that the work set forth in the Redevelopment Work Plan is scheduled to occur prior to the approval of a Cor ective Measures Study and selection by EPA of a final corrective. measure. The process of selecting a corrective measure is.subject to public review and comment, Tribal • consultations, and consultations with other federal agencies under the Endangered Species Act. For example, discussions 'regarding the original placement of thebarrier wall included conversations about retaining a fifty (50) foot setback for habitat restoration at the time the site was paved, while the Redevelopment Work Plan appears to indicate • that the pavement on the western parcel will extend within fifty (50) feet of Slip 6. (E.g., see page 7, Section 3.0, last bullet) Additionally, please be reminded that EPA has not established final soil cleanup levels for the Facility, and has not reviewed the available site data to determine that no further source removal will be necessary. The work proposed In the Redevelopment Work Plan could be in conflict with final corrective measures that EPA determines is required to be conducted under the Order, and is, thus, being undertaken at the Respondents' risk. 1. Page 6, first paragraph. The second sentence indicates that the proposed construction is not expected to have significant potential for impacting aquatic biota, and that the potential for affecting endangered species will be assessed under the SEPA program P•ii 1`9HF! e/ euub 1 1 : euHM lil•' LH hKJt I Jeuu • P • -7 administrated by the City of Tukwila. Unless the proposed work can be said to have no. effect on the threatenedand endangered species and critical habitat known to be present immediately adjacent to the Facility, a Biological. Assessment must be prepared. 2. Pages 7-9, Section 3.1, Well Abandonment Please delete. this section, as proposals for . well abandonment were submitted as astand-alone document on December 29, 2005, and are being managed separately from this Redevelopment Work Plan. 3. Page 10, second full paragraph. The second sentence includes a typo, '... two east- west rending ridgellnes ... . • 4. Page 14, Section 4.2.2, Well Abandonment, Table 1, and Figure 2. Please delete this section, Table, and Figure, as proposals for well abandonment were submitted as a . stand-alone document on December 29, 2005, and are being managed separately from this Redevelopment Work Plan. 5. Page 15, Section 4.3.1, Filling/Grading. This section indicates that the surface structures and building slabs wWU be demolished as described In the Demolition Work Plan prior to grading. Page 2 of the Demolition Work Plan, however, states that the foundations and building slabs will be left in place. Revise this section to clarity whether building slabs . and foundations are to be left In place or demolished. 6. Page 18, number 2. a. (1). This section indicates -that if discolored or oily material is found in exposed materials..during demolition, samples will be collected In.accordance with applicable site QAPPs previously approved by EPA. - This section must,be. revised.to specify that the approved QAPP._from the Pre- Demolition Investigation Work (revised. December, 2005).will be utilized in this case. This section must be revised to be consistent with the analyte. list specified in the, QAPP.. For example,• samples must be. analyzed for total metals by EPA 60008000 series, VOCs, by Method 82808, SVOCs by - Method8270C, and PCBs by Method 8082. • 7. Page 17, Section 4.3.3, Excavation.. Delete references to installation of new . surface completions for monitoring wells DM78 and MW-49, as these completions were approved as Design Change Memorandum No. 3 on December 9, 2005. 8. Page 18,' third full paragraph. This paragraph indicates that as the Vortechs stormwater unit is to be located outside the barrier wail, 'it is expected that contamination will not be encountered.' Drawing 3 of Appendix C indicates that this unit will be placed just east of the southeastern corner of the barrier wall. Localized areas of soil contamination are • known to exist in the eastern parcel. This section must be revised to indicate whether the proposed location is expected to be.in a relatively clean area, or.in the vicinity of IcnoWn based on the results of previous soil sampling conducted at the facility,' including the RCRA Fadhlty Investigation. • . 9. Page 18, number 1. (1). This section indicates that if discolored or oily material is found • in .exposed materials during demolition, samples will be collected in accordance with applicable site QAPPs previously approved by EPA. This section must be revised to specify that the approved QAPP from the Pre- Demolition Investigation Work Plan (revised December, 2005) will be utilized In this case. This section must be revised to be consistent with.the analyte list specified in the applicable QAPP. For example, samples must be analyzed for total . metals by EPA 80008000 series, VOCs by .Method 82808, SVOCs by Method 8270C, and PCBs by Method 8082. FINK CI C UUD 1 1 : C1n19 nr LI'1JCRJC 1 ocuU • 10. Page 21, Section 4.5.2, Hydraulic Control Well Retrofitting. Delete this section in Its entirety, as the work proposed here was approved as Design Change Memorandum No. 3 on December 9, 2005. 11. Page 22, Section 4.5.3, Monitoring Well Retrofitting. The last sentence of this paragraph states that the new top -of- casing elevation will be surveyed by a licensed surveyor. Provide a firm schedule by when the surveying will be completed and reported to EPA. 12. Page 25, Section 5.0. Schedule. .Provide the schedule for submission of a construction report, including all components specified on page 7 -2 of the approved Hydraulic Control Interim Measures Construction Work Plan. Also provide the schedule for submission of a revised Operating and Maintenance Plan incorporating all changes necessitated by this redevelopment • ' . 13. Appendix B, SEPA/Shoreline Application. EPA has not reviewed this document in its entirety, as EPA is not the lead agency for SEPA review. However, EPA wishes to note several inaccuracies in this document Specifically, the first page 2 states that the subject property Is "a registered . Superfund site °. The second page 4 again. states the property is a Superfund site, and further indicates that an Operation, Monitoring, Inspection and Maintenance Plan will be reviewed and approved by EPA prior to the redevelopment activities. Page 6 indicates the project site is an `unused storage yard dosed in 1991." 'These statements are Inaccurate: the site Is not being addressed using Superfund or CERCLA authority, but rather is subject to a RCRA compliance order for cleanup; the Operations and Maintenance Plan is not scheduled to be submitted to EPA prior to commencement of the redevelopment and its approval bears no relation to the redevelopment activities; and lastly, the project site was an active chemical manufactiuing facility for 50 years prior to becoming an unused storage yard. 14. Appendbc E, Insurance Auto Auctions Lease, page 5. Number 8, `Utilities," indicates that the "Landlord shall not be responsible for providing any utilities to the Premises" Revise the Redevelopment Work Plan to clarify how Respondents will ensure that continuous utility services such as electricity are to be provided for operation of the interim measure. 15. Appendix E, insurance Auto Auctions Lease, page 6. Number 11, "Repairs and ' Maintenance," indicates that the "Tenant shall at its sole expense maintain the Premises ... and make all repairs ....° The Redevelopment Work Plan must be revised to clarify how the Respondents will ensure that all approved caps will be maintained and repaired in a manner consistent with the approved work plans. The Redevelopment Work Plan must also be revised to specify how the Respondents will ensure that all Security measures, including the fence, remain effective and in good condition. 16. Appendix E, Insurance Auto Auctions Lease, page 8. Number 12, °Access," requires that after reasonable advance written notice from Landlord, except In case of emergency, Tenant shall permit Landlord or the agendas, including EPA, to enter the Premises at all reasonable times for purposes of repair, environmental remediation, inspection, ground water sampling, etc. This provision does not provide EPA with access as required by Paragraph 10.1 of the Order. Paragraph 10.1 of the Order requires that, if the Facility is locked or otherwise dosed to workers and visitors during regular business hours or at an • otherwise reasonable time, the Respondents make the Facility accessible to EPA within four (4) hours of oral notice of EPA's intent to enter the Facility. The Redevelopment Work Plan must be revised so that it is consistent with the Ord. P From: Carol Lumb To: Brendan Madden Date: 2/28/06 3:21 PM Subject: Re: Tukwila Short Plat BCE #10265 Hi Brendan: I am working on a response to the materials submitted by Barghausen on January 5, 2006. The January 5, 2006 materials that were submitted to the City were in response to 2 letters sent regarding the projects for this site - the first letter sent September 14, 2005 and the second on October 27, 2005. I think I noted in my last e-mail to you that action on the proposed short plat will not occur until we have issued SEPA, the shoreline permit and the hearing examiner has acted on the shoreline variance request. The public comment period just closed last Thursday, February 23, 2006 on the permits that required public notice. We received one comment letter, from the Muckleshoot Indian Tribe Cultural Resources Program that will be forwarded along with our comment letter. If you would like, I would be happy to fax it to you before our comment letter goes out. I also am looking for a couple documents that the 1/5/06 response letter said were included, but I'm not finding. I am looking for: 1) the work plan to address contamination on the eastern portion of the site (noted in your response #6, page 4); and 2) the Operation, Monitoring, Inspection and Maintenance Plan referenced in your response 12, page 5. The reports prepared by Geomatrix address the western portion of the site. But maybe I'm not recognizing them among the items that were included or they are titled something different than what I'm looking for. Please call me to describe what the documents look like so I can go through the materials again. Also, let me know if you want the comment letter faxed so you can get a jump on a response. Thanks. Carol »> "Brendan Madden" <bmadden @barghausen.com> 02/28/06 02:44PM »> Carol- Could give me the status of the abovementioned project which was submitted September 13, 2005? Thanks Brendan Madden Assistant Planner Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent, WA 98032 (425) 251 -6222 - Phone (425) 251 -8782 - Fax http://www.barqhausen.com CC: Nora Gierloff • • Carol Brendan Madden Assistant Planner Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent, WA 98032 (425) 251 -6222 - Phone (425) 251 -8782 - Fax • • From: Carol Lumb To: Brendan Madden Date: 2/2/06 4:00PM Subject: Re: Tukwila Short Plat BCE #10265 Brendan: The short plat is under review. We are in the 30 day comment period for the two shoreline applications - I don't anticipate that action will be taken on any of the applications until after the close of the comment period, which is February 23 COB. We will probably have another round of technical comments before getting to any decisions - the variance to goes to the Hearing Examiner, the rest are administrative. Please remember that after Tukwila makes a decision, the shoreline applications then go to Ecology for review. Ecology has 30 days to notify the local jurisdiction whether it has approved, denied or approved with conditions the two permits. »> "Brendan Madden" <bmadden @barghausen.com> 02/02/06 11:52AM »> Carol- Could give me the status of the short plat for the abovementioned project which was submitted September 13, 2005? I'm assuming it was waiting for all of the ADR information like the rest of the project. Thanks http: / /www.barghausen.com <http: / /www.barghausen.com /> Dear Carol: • S c January 26, 2006 • G <)) VG ENG"N Carol Lumb City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 BTM/pj 10265c.011.doc enc: As Noted cc: Jeff Davis, Davis Property and Investments (w /enc) Daniel K. Balmelli, Barghausen Consulting Engineers, Inc. Ivana Halvorsen, Barghausen Consulting Engineers, Inc. CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES RE: Affidavit of Installation and Posting of Public Information Sign Davis Property and Investment 9229 East Marginal Way South, Tukwila, Washington City of Tukwila File Nos L05 -050, L05 -051, L05 -055, L05 -057, and E05 -11 Our Job No. 10265 The purpose of this letter is to inform you that the Notice of Application has been posted on the public notice board, which was installed along the sites frontage on January 19, 2006. Enclosed for your records is the signed and notarized Affidavit of Installation and Posting of Public Information Sign. If you have any questions or need additional information, please contact me at this office. Thank you. Respectfully, Brendan T. Madden Assistant Planner 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX BRANCH OFFICES • OLYMPIA, WA • TEMECULA, CA • WALNUT CREEK, CA wnnnn, hamhai wan mnm RECEIVED 'JAN 2 7 2006 COMMUNITY DEVELOPMENT State of Washington County of King City of Tukwila • CITY OF TUKWILA Deportment of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E tukpl an @ci.tukwila,wa.ug AFFIDAVIT OF INSTALLATION AND POSTING OF PUBLIC INFORMATION SIGN(S) I J e-f/2 C U R1 1t- (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 JAU•AR, 15 xoof„ the Public Notice Board(s) in accordance with Section 18.104.110 and the other applicable guidelines were posted on the property located at 9227 E. MnAbimu. W y so �T 14 so as to be clearly seen from each right -of -way primary vehicular access to the property for application file number LOS- oso,- os -06 - as;; Oar Olt. 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 1 Applicar , 6r Project Manager's Signature On this day personally appeared before me T ,.. C u < C • to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN to before me this .,day of ( a iN■ C � , c , y g�UBE/yot )0.� C �\ g10N G ! l i `��. 1 a - 4 • � • • 0 I l t NOTARY PUBLIC in and for the State of Washington o t��TAAr t residing at t f) TA- / l ' i t • •n = �� o M:y commission expires on \D \a \6'. ■ � V P 5' — CITY OF TUKWILA NOTICE OF API?LICATION PROJECT INFORMATION Ivan Halvorsen, Barghausen Engineering for Davis Properties, has filed applications for the construction of an 185,000 sq. ft. building and approximately 200 parking stalls to be located at 9229 East Marginal Way South, Tukwila. Permits applied for include: L05-050, Shoreline Substantial Development Permit; L05-051, Shoreline Variance; L05-055, Administrative Design Review. Other known required permits include: E05 -011, Planned Action SEPA, L05 -057, Short Plat, building permit. Studies required with the applications include: Preliminary Technical Information Report, Traffic Impact Analysis. A Planned Action environmental checklist has been submitted with the studies identified above. FILES AVAILABLE FOR PUBLIC REVIEW l The project files are available at the City of Tukwila. To view the files, you may request them at the counter at the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. Project Files include: L05-050, L05-051, L05-055, L05-057, E05-011. OPPORTUNITY FOR:PUBLIC COMMENT Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than 5:00 P.M., Thursday, February 23, 2006. APPEALS You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431 -3670. The decisions on land use files L05-050, Shoreline Substantial Development Permit and L05-051, Shoreline Variance may be appealed to the Washington State Shoreline Hearings Board; the decision on land use file L05-055, Administrative Design Review, may be appealed to the Tukwila Board of Architectural Review. The decision on L05-057, short plat is an administrative decision that may be appealed to the Hearing Examiner For further information on this proposal, contact Carol Lumb, at (206) 431 -3661 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: Notice of Completeness Issued: Notice of Application Issued: August 8, 2005 September 2, 2005 January 24, 2006 CL Pagel of 1 0122!2006 4:42 PM q:\Davis -Rhone Poulenc Site/Notice of Application.doc ryfr SmAY1Sil - - - -- ,- PORTION of the F. McNATT Donation Land Claim No 38, In the South 1/2 of SECTION 33 Township 24 North, Range 4 East, W@amette Meridian City of TUKWILA KING County State of WASHINGTON 1 , ca,/ Fort DAVIS PROPERTY & INVESTMENT P.O. Sox 1043 Kent, WA 08038 -1048 8 A 8 8 3 8 SHORT PLAT NO. city or Tteeraa eopeAme td CaummIty DEwbpm aw00 apuepwmr lkohnowd.WWWIA WA MN TN9plt91r porn 43t4$70 PAX Dos! En* edlxdlOMMAN wau9 trte lig - .gfyLII teKKO 2 '10 58851'08'35 1058.10' 727.813' • LOT 1 572.881 .q. It. 1.15 oats R 1 L r-Ii O IN/ I .^ rvii-R;: RL.L. CREEK HCL.V I1r; L.L.V . r n 1 1 11 1 A fE1831 E. mr�� nl vr�L. WAY S. I C 4C 2263 CC C TAX L. t V 1 C. .1'f c- �.+V— IJV.JV 035110 MIND MAT, 1 Et29A eAM ; i 05150 MON 571' 21 — / ��/ \ \' 80' NDI ODNSiR O. i / \ 9509 E09 5 N0. 9509180D55 �• \ \IL 0 100 200 T L _ 119.00 117 LOT 2 n r.iI , ANni I r1l. {CvL_Ilry v \i VIV fl , 1 9725 E. i AR NAI. WAY I S. n� ; I EN sin cRn 0" ' "Zn "1 I r L.V I V. 10' WOE WEE DRMUgE REC. N0. 2718188 CP 32Yt j8'E / /: G $0551 54242' �30' INGRESS. EGRESS & UTU1Y EMEYENO UNDER REC. N0. mown= 281,732 sq. It. 6.47 sorts 8• U1U11• WOW REC. 1 REC. N0. 8806080855 e NM SCALE. V.100' COMMUNI fY DEVELOPME , a. RECEIVED SEP 14 2QO5 400 9 8 7 2 • s TUKWILA, WASHINGTON East Marginal Way South PIN] 14_4 [FEU PHA U.. •• MEI 1131z111:7:11 J] Elin ® ®in®® � , f 1 i, :1- bat cxOP- dw7A..as -MooPe cO..e$ ♦ 11 }} foca'*rr aOI.oa'w 1 58 N 7AAA qJ -MeCRe Cer R # 462. a oeGNT Gang 42 ee. -lunge 4 446 PRELIMINARY EAST ELEVATION %.J r.'A4 PRELIMINARY WEST ELEVATION *1 ) rourap dr.► w/ M4 d. 11.7' Ode. .r6 11� ✓�PK PwMib a,60 " M000lreornut. MM.! •A m. Amex *it" PM►t.• max_ 045555.r 65* 15*Arno Ga.rm* CPL.* a..m y l l Pra•Ea0 ae+GCtC wnrtw nw+ aaat /,Guar .w •R Yt 646E162 *co 6.0.rs PRELIMINARY SOUTH ELEVATION 'goo 1,Hei PRELIMINARY NORTH ELEVATION . 5 . , . f.qp XE's unis TYPICAL ENTRANCE TYPICAL TRUCK BAYS %Al A'• r0 4w19SO* 5anaE.7o::cP5t 0625 5. MOO 90. 9.0:4 5- G9 .35.T. p 5 a sTON •5o32 1•II. • .04W509.CV •a.•m,o LAW 06.29 F 'a CA76 JAC rl+ara+ MDT COrmrn. PRELIMINARY EXTERIOR ELEVATION E ea.,E ' A4.1 t __s T•0' CALL BEFOIE TJ PREUMINARY LANDSCAPE PLANTING PLAN Rs 3 t 0. • r 4• • • •• Kerma NEMO PLANT MATSiAL LEGEND a �ia Mal Io OM% Iola r' I a Io O a9. a w Iona • OM AO VOW a•14•f Mama 1.•ab, Mtm t. LL Man Iowa au E Yaw w • 4aa 13 • MOM MOM Mtw• 1 la I IIMO MLL c aR O RIMY MOIL MCC Ma1I ta••• awn FM /Rt nu ac MOW 1 WR_q P[iii Man aaat I =. 1U . art IMO! OWN 104 • O as as MUM MOq afar 103 xr., MAIM I• PM ILL..x.00no Mml RAaf MM. t400 M04• =RIM /44 IIIM OIR MUM Ciageal 0 Oaara Man • is • SES�.9;5 v \c ••I a4 Iowa RECEIVE SEP 14 2005 wan CRlaa •••• aim w IM► tf IMa Maas. Ioaa•, NO NM COMMUNITY DEVELOPMENT Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I &#?: C , HEREBY DECLARE .THAT. Notice of Public Hearing Determination of Non= Signific , c Notice of Public Meeting Mitigated Determination of NO' Significance Board of Adjustment Agenda Pkt Determination of Significancj *coping 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 Shor Mgmt Permit __ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other P:GINA WYNETTA /FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM Was mailed to each of the addresses listed on this y ofJzn year 2012ce Project Name: e Project Numbers,)', l - O5�—DS0 L05-1:51 k L © *'©S )-oS'OS Mailer's Signature: ()Aio 4- Person requesting mailing: (21,LA9k2 Lu214 petanP • FEDERAL AGENCIES () U.S. ARMY CORPS OF ENGINEERS ( ) FEDERAL HIGHWAY ADMINISTRATION ( ) DEPT OF FISH & WILDLIFE () OFFICE OF ARCHAEOLOGY ( ) TRANSPORTATION DEPARTMENT ( ) DEPT NATURAL RESOURCES () OFFICE OF THE GOVERNOR ( ) DEPT OF COMM„�BRAOE.'&.E1C�{{ONOMIC DEV. a O : FISHERIESt I igoOFE I () BOUNDARY REVIEW BOARD () FIRE DISTRICT #11 () FIRE DISTRICT #2 () KC. WASTEWATER TREATMENT DMSION () KC. DEPT OF PARKS & REC () KC. ASSESSORS OFFICE ( ) TUKWILA SCHOOL DISTRICT ( ) TUKWILALIBRARY () RENTON UBRARy () KENT LIBRARY () CITY OF SEATTLE UBRARY ( ) QWEST () SEATTLE CITY UGHT () PUGET SOUND ENERGY ( ) HIGHUNE WATER DISTRICT () SEATTLE WATER DEPARTMENT ( ) AT &T CABLE SERVICES () KENT PLANNING DEPT �' (` ( )T INVILA CITY DEPARTMENTS: PUBLIC WORKS () FIRE () POLICE O FINANCE +y■- -t) PLANNING ( )BUILDING () PARKS & REC. () MAYOR () CITY CLERK ( ) PUGET SOUND REGIONAL COUNCIL ( ) SW K (C CHAMBER OF COMMERCE MUCKLESHOOT INDIAN TRIBE CULTURAL RESOURCES 'PROGRAM QQhFlSHE(tIEPR,RA�YI`.. WILDLIFE PROGRAM () SEATTLE TIMES ( ) SOUTH COUNTY JOURNAL P:IADMTNISTRATI VE\FORMS\CHKLIST.DOC 4 • WASHINGTON STATE AGENCIES KING COUNTY AGENCIES SCHOOLS/LIBRARIES UTILITIES CITY AGENCIES MEDIA IJ:S NMEN )U.S. DEPT OF H.U.D. ( ) NATIONAL MARINE FISHERIES SERVICE ( ) DEP 0F,EOCIAL 8 EA ASE V. loltr EPT OPECOCOGY, SHOREEAN .ON $4DE1 OFJECOL`�OG SaA I�i15CON• OFFICE OF ATTORNEY GENERAL • SEND CHKLIST / DETERMINATIONS • SEND SITE MAPS WITH DECISION ( ) HEALTH DEPT ( ) PORT OF SEATTLE WC. DEV & ENVIR SERVICES-SEPA INFO CNTR ,13.$.C. TRANSIT DIVISION - SEPA OFFICIAL () K.C. LAND & WATER RESOURCES 1b4 FOSTER LIBRARY O K C PUBLIC LIBRARY ( ) HIGHUNE SCHOOL DISTRICT ( ) SEATTLE SCHOOL DISTRICT O RENTON SCHOOL DISTRICT ( ) OLYMPIC PIPELINE . ( ) VAL -VUE SEWER DISTRICT ( ) WATER DISTRICT #20 ( ) WATER DISTRICT #125 ( ) CITY OF RENTON PUBLIC WORKS () BRYN MAWR- LAKERIDGE SEWERIWATER DISTRICT () RENTON PLANNING DEPT () CTTY OF SEA -TAC () CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWVILA CITY COUNCIL MEMBERS C(TY OF'SEATTLE - SEPA INFO CENTER - DCUJ "�TRATEGIC'PIANNING OFFICE' • NOTICE OF AU. SEATTLE RELATED PLNG PROJ. OTHER LOCAL AGENCIES KOUWAMISH INDIAN TRIBE ( ) P.S. AIR POLLUTION CLEAN AGENCY () SOUND TRANSIT ' DUWAMISH RIVER CLEAN -UP COALITION 'SEND NOTICE OF ALL APPLICATIONS ON OUWAMISH RIVER ( ) HIGHLINE TIMES ( ) CLTUKIMLA.WA.US.WVVW Lecraig 2118 26th Ave SW Iurien, WA 98146 4ichigan Properties 301 2nd Ave S Seattle, WA 98108 landra Mykris 415 NW 193rd St ■horeline, WA 98177 .ee Rabie 1615 W Marginal Way S leattle, WA 98108 kvila & Blanca Santo 1144 5th Ave SW Seattle, WA 98106 Sea -mar Community Health Ctr 1040 S Henderson St Seattle, WA 98108 South Park Marina Limited Partnership 3604 Dallas Ave S Seattle, WA 98108 ?aul Wiley 1417 S Trenton St Seattle, WA 98108 ) Corporate ( S I G N A T U R E Express" • Washington Mellon 1201 3rd Ave #5010 Seattle, WA 98101 Indian Tribe Muckleshoot 39015 172nd Ave SE Auburn, WA 98092 Ronald & Anna Rae Newton 7429 NE 121st St Kirkland, WA 98034 Lee Raie 9615 W ginal Way S Sea WA 98108 Sea King Industrial Park Llc 1620 S 92nd PI Seattle, WA 98108 Seattle City Light PO Box 34023 Seattle, WA 98124 Yaota Teung & Chiota Chao 10002 Des Moines Memorial Dr Seattle, WA 98168 Wood Meadows Llc PO Box 2908 Kirkland, WA 98083 Ms. Ivana Halvorson Barghausen Engineering 18215 72nd Ave. S. Kent, WA 98032 Merrill Creek Holdings Llc 600 University St #2820 Seattle, WA 98101 Museum Of Flight Foundation 9404 E Marginal Way S Seattle, WA 98108 Ronald & Ann 7429 NE 1 Kirk . A 98034 Hossein Sabour - mohajer 5031 Ripley Ln N Renton, WA 98056 Sea -mar Comm Health Ctr 8720 14th Ave S Seattle, WA 98108 Tony Shih 3411 60th Ave SW Seattle, WA 98116 Vue Sewer Val PO Box 69550 Seattle, WA 98168 on 1.888.CE TODAY (238.6329 www.CorporateExpress.com and www.eway.con n -Proof 10118 Llc 10020 Main St #A Bellevue, WA 98004 Santos & Blanca Avila 31445th Ave SW Seattle, WA 98106 Boeing Company The 100 N Riverside M C 5003 -402 Chicago, IL 60606 Man & Susan Chamberlain 2147 5th Ave W Seattle, WA 98119 Ronald John & Carolyn An Cook 17319 21st Ave SW Seattle, WA 98166 Delta Marine Industries Inc 1608 S 96th St Seattle, WA 98108 Driftwood Developments Llc 16209 Crescent Dr SW Vashon, WA 98070 Ceferino & Lydia Fernandez 16428 53rd P1 S Seattle, WA 98188 Jorgensen Forge Corp 8531 E Marginal Way S Seattle, WA 98108 King County 500 K C Admin Bldg Seattle, WA 98104 Corporate I s I G N AT U R E EYer PSS" • • Machinists Aeronautical 9125 15th Pl S Seattle, WA 98108 Heidi Baumgardner 10009 17th P1 S Seattle, WA 98168 Michael Bowman 13041 3rd Ave S Burien, WA 98168 Container Properties PO Box 1043 Kent, WA 98035 Roy !Deaver 7062 High Meadow Dr Clinton, WA 98236 Helen Dexter 1437 S ovan St Sea , WA 98108 Eustis Holdings Llc 1102 Broadway #403 Tacoma, WA 98402 Wesley & Marie Elena Goss 3436 Belvidere Ave SW Seattle, WA 98126 Walter Kauai 10080 Des Moines Memorial Dr Seattle, WA 98168 King County Mu = . Of Flight Auth 9404 E M • : ' al Way S Seatt - A 98108 Leonard Alpers 5934 E Valdai Cir Mesa, AZ 85215 William & Miriam Beck 1412 S Henderson St Seattle, WA 98108 Northrn Santa Fe Burlington PO Box 96189 Fort Worth, TX 76161 Ronald John Coo 1731921s SW Sea ,!A98166 Marine Del 1608 S St S e, WA 98108 Helen & Gerald Dexter 1437 S Donovan St Seattle, WA 98108 Viliami Fainga 10124 Des Moines Memorial Dr Seattle, WA 98168 Harsch Investment Properties Llc 1121 SW Salmon St Portland, OR 97205 King Co Museum Of Flight 9404 E Marginal Way S Seattle, WA 98108 Latitute Forty-seven Llc 28836 164th Ave SE Kent, WA 98042 • • • • 1.888.CE TODAY (238.6329, Carol Lumb, Senior Planner City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 RE: Responses to October 27, 2005 Comment Letter Davis Property and Investment 9229 East Marginal Way South, Tukwila, Washington Our Job No. 10265 Dear Carol: • • January 4, 2006 COURIER DELIVERY We have revised the plans and technical documents for the above - referenced project in accordance with your comment letters dated September 14, 2005 and October 27, 2005. Enclosed are the following documents for your review and approval: 1. Six (6) copies of the revised plan set 2. Six (6) copies of the Traffic Impact Analysis prepared by the Transpo Group, dated December 2005 3. Six (6) copies of the Western Parcel Redevelopment Work Plan prepared by Geomatrix Consultants, Inc., dated November 2005 4. Six (6) copies of the revised Shoreline Permit narrative 5. Six (6) copies of the BNSF deed and easement document recording no. 4781818 6. Six (6) copies of the Groundwater Pretreatment System Relocation Plan prepared by Geomatrix Consultants, Inc., dated January 2005 7. Six (6) copies of the Boundary and Topographic Survey Background: On page 1 of the October 27, 2005, letter, you noted that groundwater monitoring will begin soon to evaluate the effectiveness of the remediation that exists on the site. Please note that the remediation efforts and groundwater monitoring has been an ongoing process for approximately seven years. For clarification regarding the location of recovery wells as well as the effectiveness of the current system, please refer to the enclosed documents prepared by Geomatrix Consultants, Inc. The following outline provides each of your comments in italics exactly as written, along with a narrative response describing how each comment was addressed: L05 -050: Shoreline Substantial Development Permit 1. As noted at the Pre - Application meeting on December 2, 2004, this site is governed by the King County Shoreline Master Program, not Tukwila's. The materials submitted with L05- 050 address Tukwila's shoreline criteria rather than King County's. A copy of King County's criteria is attached — please submit a response to K. C. C 25.16.030 and K.C.C. 25.16.170. Response: Please see the enclosed Shoreline Permit narrative. CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES 1143WdC" . 1 Ai-Mr 19001 u Nvi 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX BRANCH OFFICES • OLYMPIA, WA • TEMECULA, CA • WALNUT CREEK, CA www.barghausen.com LOS - 0 S 1 L05 -051: Shoreline Variance L05 -055 Administrative Design Review Carol Lumb, Senior Planner City of Tukwila Department of Community Development -2- January 4, 2006 2. Since the site is governed by King County's Shoreline Master Program, please revise all plans showing the shoreline environments to reflect the King County setbacks rather than the City of Tukwila shoreline environments (River, Low Impact and High Impact). Response: The plans have been revised to show King County shoreline setbacks only. 3. The Variance Request states that "(T)o efficiently utilize the site, strict application of the bulk, dimensional, and performance standards (disallowing parking waterward of the structure) would create net loss of parking that cannot be reallocated on site." It appears there is room to flip the building orientation such that the parking is located on the north side of the proposed warehouse and the drive aisle is located on the south side. In addition, the site plan shows 201 parking stalls, when only 93 would be required for a 185,000 sq. foot warehouse. Since the site is over - parked, it would seem that the parking stalls in the shoreline can be eliminated. Response: The proposed building will have a gross floor area of approximately 84,000 square feet, including 12,6000 to 33,6000 square feet of office space (15 to 40%) and 50,4000 to 71,4000 square feet of warehouse space (60 to 85 %). Parking has been provided to accommodate the maximum amount of expected parking demand as the warehouse building is a "speculative" building that may contain a myriad variation of uses. We have evaluated whether the existing building could be flipped to provide loading on the south side (shoreline side) and parking on the north side. Because of the existing uses on surrounding properties, (heavy industrial uses and storage uses to the north and Boeing Flight Museum property to the south) the orientation of the building, as currently proposed, better suites the proposed use and is more compatible with surrounding properties. The minor amount of parking provided waterward of the proposed building within the shoreline jurisdiction is screened from the shoreline by additional landscaping. The entirety of the parking that falls within the shoreline jurisdiction is necessary parking adjacent to the proposed building. Removal of the proposed 28 stalls within the shoreline jurisdiction adjacent to the building would result in lengthy walking conditions for employees or customers to the future uses within the proposed building. 4. In a letter dated September 14, 2005, we requested building elevations, color and materials board, lighting plan and illustrations of any signage planned for the site. These materials are needed before Notice of Application can be issued. Response: These items are provided in the enclosed plan set. L05 -057: Short Plat 5. The short plat proposes to segregate off the portion of the site that is subject to the RCRA Consent Decree. We are concerned that since only interim remediation actions have been • • Carol Lumb, Senior Planner City of Tukwila Department of Community Development -3- January 4, 2006 taken so far to clean up the contamination, a short plat would possibly create on non - buildable lot if the remediation efforts are not successful. In addition to the known contamination, we understand there is concern over what might be in the underground piping and tanks. No information was provided to the current owner about these issues when the property was sold. Please address this concern. Response: Container Properties agrees that contamination issues are relevant to the short plat proposal and to future development of the segregated portions of the site. However, the developer is addressing these issues actively and adequately with EPA, Region 10 under the existing Administrative Order on Consent (Order). Work is presently underway to fully address each of the City's concerns identified in this comment, as summarized below. Interim actions have been implemented for the western parcel; the most recent interim measure included construction of a totally enclosing barrier wall surrounding the most highly affected soil and groundwater at the site. This barrier wall provides containment to limit migration of contaminated groundwater from the site and has been proven successful in attaining containment objectives included in the approved work plan. Final remediation has not been implemented at the site; additional work, including preparation of the Corrective Measures Study and Corrective Measures Implementation Plan must be prepared and approved by EPA prior to proceeding with final remediation of the western parcel. Container Properties has been working closely with EPA in performing the interim actions that have been conducted at the site. It is generally understood by Container Properties and EPA that, assuming no further remedial construction is necessary at the site, industrial buildings could presently be constructed over contaminated areas provided that proper precautions are taken during construction and in the design of the buildings. Due to extent of contamination within the western parcel it is unlikely that feasible remedial actions would successfully attain cleanup levels throughout the parcel. However, it should be noted that site contamination presents a low risk to human health. While toluene and elevated pH groundwater are present at the site, the primary site contaminant is copper, which primarily affects aquatic life in the nearby Duwamish Waterway. The containment approach to site remediation that is already in place is compatible with development of industrial buildings and facilities on the parcel. Institutional controls restricting the site to industrial use and requiring appropriate safeguards for site construction and for preventing potential migration of vapors to the buildings would be required for future site redevelopment. The concerns expressed by the City are shared by EPA and by Container Properties. Container Properties is working with EPA to allow remediation of the western parcel in a way that will allow it to be redeveloped for industrial use, including construction of new buildings. Under the terms of the Order, EPA must review and approve all plans for remediation of the site. EPA is currently reviewing the redevelopment plan for the site to ensure that the development is consistent with the remediation objectives. Regarding the concern that potential wastes or other materials that may be present in underground structures or process piping, Container Properties is currently working closely with EPA to investigate and identify such materials. A formal work plan to sample and Carol Lumb, Senior Planner City of Tukwila Department of Community Development -4- January 4, 2006 characterize these materials in the areas of concern has been prepared and approved by EPA. Most of the characterization work has been completed; only characterization of above -grade process piping and vessels remains to be done. Of the work completed to date for this work plan, only one location (a sump) was found to contain materials remaining from site operations. After completing characterization of the materials found, they will be removed and disposed of properly. Process piping and vessel contents will be assessed in early January when properly trained contractors are available. If materials are found in piping or vessels, it will be characterized and removed. A formal report will be submitted to EPA to document this work so that demolition can proceed. After completion of this process, it is expected that EPA will approve the western parcel redevelopment plan that has been submitted for their approval. 6. It is our understanding that some minor areas of soil contamination exist on the eastern part of our site. Explain how and when these will be dealt with and identify the location of the contaminated areas. Response: A formal work plan has been prepared to address this contamination; EPA is presently reviewing the work plan. The work plan summarized available site characterization data for the eastern parcel and identifies areas where either additional data are needed to confirm contamination or proposes removal of contaminated soil. Confirmation sampling is included in the work plan to document attainment of Washington Department of Ecology cleanup levels for unrestricted land use. A copy of this work plan, which has not yet been approved by EPA, is attached. Container Properties is prepared to implement this work plan upon approval by EPA. The actual implementation schedule will depend on receipt of approval from EPA and the availability of environmental contractors to perform the removal actions included in the work plan. It is expected that EPA will approve removal of the eastern parcel from the Order after completing this work. Corrections to Plans: 7. Revise the plans to show the three groundwater recovery wells in addition to the monitoring wells. Response: The groundwater recovery wells have been called out on the enclosed site plans. Please refer to the Geomatri Consultants, Inc. reports for status of all of the wells on site. 8. The plans must indicate where the existing groundwater pretreatment facility is located, as well as the proposed new location. In addition, both existing and proposed piping details must be provided on the plans. Response: The pretreatment system has already been relocated. The relocation work has nearly been completed — a new building was constructed to house the system and it was connected to power on January 3, 2006. All pretreatment equipment has been moved. It will be operated and maintained as it was before. The old building is now vacant and is being readied for demolition. • • Carol Lumb, Senior Planner City of Tukwila Department of Community Development -5- January 4, 2006 9. The plans must indicate the current location of the on -site King County lift station and indicate whether it will also be relocated. Response: The old pretreatment system required use of a lift station. The new system does not use the lift station — the lift station has been bypassed. The old lift station will be demolished along with the rest of the site buildings. 10. It is unclear from review of the documents provided how the groundwater recovery wells, the groundwater pretreatment system piping, monitoring wells, and the upper surface of the slurry walls will be protected during grading and construction. Please explain, and if appropriate, provide revised drawings. Response: Please see the enclosed Western Parcel of Redevelopment Work Plan for a detailed description of the groundwater recovery well and pretreatment system decommissioning as well as the proposal for future groundwater monitoring and groundwater extraction wells that will remain. Specifically, please see Section 4.3.3, page 18 of the Western Parcel of Redevelopment Work Plan. SEPA Checklist: 11. Section B.1 . item f. The response to the question of whether erosion could occur as a result of clearing, construction, or use, does not make any sense. The slurry wall does nothing to protect sediment from leaving the site, as it is below ground and water constructed to intercept groundwater, not surface water. Response: It is unlikely that erosion could occur during clearing, construction, or use, provided that the temporary erosion and sedimentation control measures depicted on the enclosed TESC plans, as well as Section 4.2 of the Western Parcel of Redevelopment Work Plan, are followed closely. Silt fencing has been placed around the perimeter of the site and catch basin filters will be placed on every catch basin during site development. 12. Section B.7. items 1 and 2. The City should be provided with a copy of the EPA - approved Operation, Monitoring, Inspection, and Maintenance Plan referenced in the SEPA Checklist. Response: Enclosed are copies of the Western Parcel Redevelopment Work Plan as well as copies of the operation, monitoring, inspection, and maintenance plan as referenced in the SEPA checklist. Please note that neither of these plans have received EPA approval; however, both are under review by EPA at this time. 13. A detailed health and safety plan will be necessary for any grading /filling work on the site, including emergency measures and daily decontamination procedures. Please provide the City with a copy of the plan for the SEPA file when it has been prepared. Response: The Health and Safety Plan is included in the enclosed Western Parcel Redevelopment Work Plan prepared by Geomatrix dated November 2005. Landscaping Plan 17. 1 only count 16 Thuja Plicata 'Excelsa.' Public Works Comments: Carol Lumb, Senior Planner City of Tukwila Department of Community Development -6- January 4, 2006 14. Since a variance is being requested from the King County shoreline requirement to place parking either under buildings or landward of the shoreline, please provide a schematic that shows how the landscaping adjacent to the shoreline will look one year after planting and three years after planting. Response: We have removed some of the parking between the proposed building and the shoreline and replaced it with landscaping. We can provide conceptual landscaping elevations (if necessary) once the landscaping plans have been generally accepted by the City. 15. Please enlarge the portion of the proposed landscaping for the streetscape and the front of the building — it is difficult to identify all the plants that are proposed for these locations. Response: Enclosed is a 1"=20' enlargement of the eastern side of the building as well as the landscaping fronting East Marginal Way South for your review. Please note that this is a blowup of just a portion of the preliminary Landscaping Planting Plan, which is provided entirely as Sheet LI of 2 in the plan set. 16. Please confirm the location of the Cornus Kousa — are these trees proposed along the front of the building? Response: We have altered the symbol for the Cornus Kousa so that they are more visible along the east side of the building. Response: We have verified the correct count (20) of Thuja Plicata 'Excelsa' in the Landscape Planting Material Legend on Sheet L1 of 2. 18. The common name of Pennisetum Alopecuroides 'Hameln' is listed as Oregon Grape, which is incorrect. Please correct the table. Response: The common name for Pennisetum Alopecuroides 'Hameln' has been corrected. 19. Landscaping is required to screen the proposed storage yard from the shoreline. Response: Existing vegetation surrounding the property along the shoreline will screen the proposed storage yard. Disruption of this existing vegetation to replant with landscaping materials may be more deleterious than keeping the existing vegetation in place. 20. Please refer to the Pre - application Meeting comments from Public Works. A copy is included. A number of the items on the Public Works comment sheet were not included or • • Carol Lumb, Senior Planner City of Tukwila Department of Community Development -7- January 4, 2006 addressed in the submittal materials. Please provide the missing items that are highlighted on the enclosed Checklist. Response: Enclosed is a Traffic Impact Analysis prepared by the Transpo Group dated December 2005. Also enclosed is the Boundary and Topographic Survey, which identifies existing easements on the site. Finally, enclosed is documentation regarding ownership for Parcel 542260 -0015, which indicates access and utility rights to the subject property (please see enclosed Warranty Deed, recording no. 4781818) exist over the BNSF property. 21. Provide a Traffic Impact Analysis prepared by an engineer licensed in Washington State that includes analysis of turning movements at the existing signalized access and at the proposed additional access. The site plan can not be evaluated properly without knowing what traffic impacts need mitigation. Response: Please see the enclosed Traffic Impact Analysis. 22. Please provide civil sheet(s) that include: a. All existing easements that will remain after the demolition and all new easements, including access across BNSF property. Response: The civil sheets have been revised to identify easements that will remain as well as new easements after project development. Access rights across the BNSF property are established by the enclosed Warranty Deed recording no. 4784818 provision [ 1], which states: "the Grantor expressly reserves to itself, its successors or assigns, the right for its servants and agents, and any other person or persons acting for the benefit, or on behalf, of Grantor, its successors or assigns to cross the strip or parcel of land hereby conveyed at such place or places and at such time or times as the Grantor, it successors or assigns, may desire, and the Grantor further expressly reserves to itself, its successors or assigns, the right to cross said strip or parcel of land at any time with electric, water, gas, telephone, or other utility service lines, entrances or exits in a manner which will not obstruct the railroad uses of said strip or parcel of land; ". b. Plans that indicate what will remain after all of the demolition and removal of pipes, catch basins, etc. The plans provided include all of the existing sewer, water, and storm drainage elements, making it difficult to sort out what will remain. Please note that the demolition notes do not correlate to the utility locations on the drawings, so it is difficult to tell what will be removed as part of the demolition. (see Sheet E2 for example) Response: We have revised civil and demolition sheets to make it more clear what will remain and what will be removed during project development. • Carol Lumb, Senior Planner City of Tukwila Department of Community Development -8- January 4, 2006 c. Any measures needed to alleviate or improve turning movement conflicts at the accesses points. Response: As indicated in the Traffic Impact Analysis prepared by the Transpo Group dated December 2005, the intersection of South 92nd Place and East Marginal Way South has a split phased green signal such that turning movements for the subject property and the property to the north do not conflict with each other. Under existing conditions, the intersection of South 92nd Place and East Marginal Way South operates at LOS A. d. Rerouting of the 36" storm drain. (Refer to the Technical Information Report) Response: The rerouted storm drain is depicted on the site plans. 23. Provide approval from BNSF to cross property for access. Response: As indicated on the enclosed Easement Recording No. 4781818, additional approval from BNSF to cross property for access is not necessary as a reservation for access and utilities is part of the legal description for the BNSF property. We believe that the above responses, together with the enclosed revised plan and technical documents, address all of the comments in your letters dated September 14, 2005, and October 27, 2005. Please review and approve the enclosed at your earliest convenience. If you have questions or need additional information, please contact me at this office. Thank you. Respectfully, IH/ath/pj 10265c.009.doc enc: As Noted cc: Jeff Davis, Davis Property and Investment (w /enc) Larry McGaughey, Geomatrix Consultants, Inc. Daniel K. Balmelli, Barghausen Consulting Engineers, Inc. Brendan T. Madden, Barghausen Consulting Engineers, Inc. - ° / / </a--- Ivana Halvorsen Senior Planner October 27, 2005 Ms. Ivana Halvorsen Barghausen Engineering 18215 72 Avenue South Kent, WA 98032 RE: Technical Comments: Davis Property & Investment, 9229 East Marginal Way South: Land Use Files E05 -011, L05 -050, L05 -051, L05 -055 and L05 -057 Dear Ms. Halvorsen: City staff has had an opportunity to review the SEPA, administrative design review, shoreline, shoreline variance and short plat applications for the former Rhone- Poulenc site at 9229 East Marginal Way South. The following comments are provided for your review and must be addressed before further work will occur on the files. Background: • City of Tukwila Department of Community Development Steve Lancaster, Director The site is regulated under the Resource Conservation and Recovery Act (RCRA) and subject to a RCRA corrective action under Administrative Order of Consent #1091-11-20 - 3008(h). Under a previous SEPA action (E02 -021), a subsurface barrier wall encircling contaminated groundwater was constructed. The wall is approximately 2300 linear feet and 50 to 70 feet deep. The current remediation work (groundwater barrier, recovery wells, pretreatment system and discharge to sanitary sewer) is only an interim measure. Additional site clean -up will likely be needed in the future and may involve remediation along the river bank and along Slip 6, including possible sediment removal. There is some question about the effectiveness of the current system, particularly related to the location of the recovery wells. Groundwater monitoring will begin soon to evaluate the effectiveness of the system. Per EPA, the proposed Operation, Monitoring, Inspection and Maintenance Plan that is mentioned in the SEPA Checklist applies only to operation of the interim groundwater recovery and treatment system and not to any other activities at the site (such as grading). A separate health and safety plan will be needed for site grading /filling activities. CL q: \David -Rhone Poulenc \Technical Comments.doc Page 1 of 5 10/27/2005 12:10 PM Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Ms. Ivana Halvorson Barghausen Engineering Davis Property, 9229 East Marginal Way South October 27, 2005 • • L05 -050: Shoreline Substantial Development Permit 1. As noted at the Pre - Application meeting on December 2, 2004, this site is governed by the King County Shoreline Master Program, not Tukwila's. The materials submitted with L05 -050 address Tukwila's shoreline criteria rather than King County's. A copy of King County's criteria is attached — please submit a response to K.C.C. 25.16.030 and K.C.C. 25.16.170. 2. Since the site is governed by King County's Shoreline Master Program, please revise all plans showing the shoreline environments to reflect the King County setbacks rather than the City of Tukwila shoreline environments (River, Low Impact and High Impact). L05 -051: Shoreline Variance 3. The Variance Request states that "(T)o efficiently utilize the site, strict application of the bulk, dimensional, and performance standards (disallowing parking waterward of the structure) would create net loss of parking that cannot be reallocated on site." It appears there is room to flip the building orientation such that the parking is located on the north side of the proposed warehouse and the drive aisle is located on the south side. In addition, the site plan shows 201 parking stalls, when only 93 would be required for a 185,000 sq. foot warehouse. Since the site is over - parked, it would seem that the parking stalls in the shoreline can be eliminated. L05 -055 Administrative Design Review 4. In a letter dated September 14, 2005, we requested building elevations, color and materials board, lighting plan and illustrations of any signage planned for the site. These materials are needed before Notice of Application can be issued. L05 -057: Short Plat 5. The short plat proposes to segregate off the portion of the site that is subject to the RCRA Consent Decree. We are concerned that since only interim remediation actions have been taken so far to clean up the contamination, a short plat would possibly create on non - buildable lot if the remediation efforts are not successful. In addition to the known contamination, we understand there is concern over what might be in the underground piping and tanks. No information was provided to the current owner about these issues when the property was sold. Please address this concern. 6. It is our understanding that some minor areas of soil contamination exist on the eastern part of the site. Explain how and when these will be dealt with and identify the location of the contaminated areas. CL Page 2 of 5 10/27/2005 12:10 PM q:\David -Rhone Poulenc \Technical Comments.doc Ms. lvana Halvorson • • Barghausen Engineering Davis Property, 9229 East Marginal Way South October 27, 2005 Corrections to Plans: 7. Revise the plans to show the three groundwater recovery wells in addition to the monitoring wells. 8. The plans must indicate where the existing groundwater pretreatment facility is located, as well as the proposed new location. In addition, both existing and proposed piping details must be provided on the plans. 9. The plans must indicate the current location of the on -site King County lift station and indicate whether it will also be relocated. 10. It is unclear from review of the documents provided how the groundwater recovery wells, the groundwater pretreatment system piping, monitoring wells, and the upper surface of the slurry walls will be protected during grading and construction. Please explain, and if appropriate, provide revised drawings. SEPA Checklist: 11. Section B.1. item f. The response to the question of whether erosion could occur as a result of clearing, construction, or use, does not make any sense. The slurry wall does nothing to protect sediment from leaving the site, as it is below ground and was constructed to intercept groundwater, not surface water. 12. Section B.7. items 1 and 2. The City should be provided with a copy of the EPA - approved Operation, Monitoring, Inspection, and Maintenance Plan referenced in the SEPA Checklist. 13. A detailed health and safety plan will be necessary for any grading /filling work on the site, including emergency measures and daily decontamination procedures. Please provide the City with a copy of the plan for the SEPA file when it has been prepared. Landscaping Plan 14. Since a variance is being requested from the King County shoreline requirement to place parking either under buildings or landward of the shoreline, please provide a schematic that shows how the landscaping adjacent to the shoreline will look one year after planting and three years after planting. 15. Please enlarge the portion of the proposed landscaping for the streetscape and the front of the building — it is difficult to identify all the plants that are proposed for these locations. CL Page 3 of 5 10/27/2005 12:10 PM q: \David -Rhone Poulenc \Technical Comments.doc Ms. Ivana Halvorson Barghausen Engineering Davis Property, 9229 East Marginal Way South October 27, 2005 • • 16. Please confirm the location of the Cornus Kousa — are these trees proposed along the front of the building? 17. I only count 16 Thuja Plicata `Excelsa.' 18. The common name of Pennisetum Alopecuroides `Hameln' is listed as Oregon Grape, which is incorrect. Please correct the table. 19. Landscaping is required to screen the proposed storage yard from the shoreline. Public Works Comments: 20. Please refer to the Pre - application Meeting comments from Public Works. A copy is included. A number of the items indicated on the Public Works comment sheet were not included or addressed in the submittal materials. Please provide the missing items that are highlighted on the enclosed Checklist. 21. Provide a Traffic Impact Analysis prepared by an engineer licensed in Washington State that includes analysis of turning movements at the existing signalized access and at the proposed additional access. The site plan can not be evaluated properly without knowing what traffic impacts need mitigation. 22. Please provide civil sheet(s) that include: a. All existing easements that will remain after the demolition and all new easements, including access across BNSF property. b. Plans that indicate what will remain after all of the demolition and removal of pipes, catch basins, etc. The plans provided include all of the existing sewer, water, and storm drainage elements, making it difficult to sort out what will remain. Please note that the demolition notes do not correlate to the utility locations on the drawings, so it is difficult to tell what will be removed as part of the demolition. (see sheet E2 for example) c. Any measures needed to alleviate or improve turning movement conflicts at the accesses points. d. Rerouting of the 36" storm drain. (Refer to the Technical Information Report) 23. Provide approval from BNSF to cross property for access. The 120 -day review clock was stopped on September 14, 2005 when we requested building elevations, color and materials board, lighting plan and illustrations of any signage planned for the site. These items are needed for the Notice of Application as they relate to the shoreline permit. They are also needed for review of the Administrative CL Page 4 of 5 10/27/2005 12:10 PM q: \David -Rhone Poulenc \Technical Comments.doc Ms. Ivana Halvorson Barghausen Engineering Davis Property, 9229 East Marginal Way South October 27, 2005 Design Review application. The clock will remain stopped as of the date of this letter for the purposes of complying with GMA time requirements for processing land use permit applications. Upon receipt of your responses, the City has 14 days to determine that you have addressed the above items. The review clock will be restarted when we have determined that all the information requested has been received. When responding to this technical comments letter, please provide six copies of any revised plans, a set of plans reduced to 81/2" x 11" and four copies of any studies. Please be aware that if the materials requested above are not submitted within 90 days of the date of this letter, the Department may cancel the applications due to inactivity. The 90 -day clock began when we requested the materials for the Administrative Design Review and Shoreline applications. If you have any questions, please call me at 206 - 431 -3661. Sincerely, Carol Lumb Senior Planner • Enclosures: 12/2/04 Public Works Pre - Application Checklist King County Shoreline Criteria K.C.C. 25.16, Shoreline Urban Environment cc: Nora Gierloff, Planning Manager Sandra Whiting, Urban Environmentalist Jill Mosqueda, Development Engineer, Public Works Department Christy Brown, Project Manager, U.S. Environmental Protection Agency CL Page 5 of 5 10/27/2005 12:11 PM q: \David -Rhone Poulenc \Technical Comments.doc CITY OF TUKWILA PUBLIC WORKS PROJECT REVIEW COMMENTS www.ci.tukwila.wa.us Development Guidelines and Design and Construction Standards Permit #: PRE04 -040 E05 - 011, L05 - 050, L05 - 055, L05 - 057 Project Name: Davis Properties (Rhone - Poulenc Site) Review #: 1 Date: 09.26.2005 Reviewer: L. Jill Mosqueda, P.E. The City Of Tukwila Public Works Department (PW) has the following comments regarding your application for the above permits. 1. Please refer to the preapplication meeting comments from Public Works. A copy is included. 2. Provide a Traffic Impact Analysis prepared by an engineer licensed in Washington State. The analysis must include analysis of turning movements at the existing signalized access and at the proposed additional access. The site plan can not be evaluated properly without knowing what traffic impacts need mitigation. 3. Please provide civil sheet(s) that include: a) All existing easements that will remain after the demolition and all new easements, including access across BNSF property. b) What will remain after all of the demolition and removal of pipes, catch basins, etc. The plans provided include all of the existing sewer, water, and storm drainage elements, making it difficult to sort out what will remain. Please note that the demolition notes do not correlate to the utility locations on the drawings, so it is difficult to tell what will be removed as part of the demolition. ( see sheet E2 for example) c) Any measures needed to alleviate or improve turning movement conflicts at accesses. d) Rerouting of the 36" storm drain. (Refer to the Technical Information Report) 4. Provide approval from BNSF to cross property for access. Projects /PRE04 -040 Rhone - Poulenc land use Corn 1 1 ,GHA1 o � :> ! y s o iA of Q. `TA NG ENG'I� City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 RE: Davis Property and Investment Short Plat 9229 East Marginal Way South Tax Parcel No: 542260 -0010 Our Job No. 10265 September 14, 2005 HAND DELIVERY The following plans and documents are submitted for review: 1. One copy of the application checklist 2. Four copies of the completed application form 3. Four copies of the short plat map 4. One copy of all plan sheets reduced to 8 -1/2 x 11 5. One check in the amount of $1,000 for the short plat application fee 6. One copy of the previously submitted SEPA checklist 7. One copy of the vicinity map 8. One copy of the current title report 9. One copy of the written discussion of project consistency 10. One copy of the ingress /egress and utility easement legal description 11. One copy of the preliminary technical information report 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX BRANCH OFFICES • OLYMPIA, WA • TEMECULA, CA • WALNUT CREEK, CA www.barghausen.com • LOT-051 CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES RECEIVED SEP 1e_ 205 DE/EL Op mENT On behalf of Davis Property and Investment, Barghausen Consulting Engineers is submitting the enclosed plans and documents for review of a short plat application to subdivide the current parcel into two lots. The 19.61 -acre parcel is located at 9229 East Marginal Way South. An Administrative Design Review, Shoreline Development, Shoreline Variance and SEPA Environmental Checklist were recently submitted to the City under Application Nos. L05 -055, L05 -051, L05 -050 and E05 -011. The short plat is proposed to accommodate the future construction of an 185,000 square foot building on the east lot and a paved storage yard on the west lot. City of Tukwila Department of Community Development • • 12. One copy of the lot closure calculations 13. One copy of the preliminary landscape plans 14. One copy of the shoreline plan 15. One set of the preliminary civil engineering design plans -2- September 14, 2005 Please review the enclosed plans and documents at your earliest convenience. Should you have questions or need additional information regarding this matter, please contact me. Thank you. Respectfully, Betsy Dye Permit Specialist BSD/bd 10265c.007.doc enc: As Noted cc: Jeff Davis, Davis Property and Investment (w /enc -3 copies) Daniel K. Balmelli, Barghausen Consulting Engineers, Inc. Dennis J. Saltys, Barghausen Consulting Engineers, Inc. January 12, 2006 Dear Ms. Halvorsen: Ciz of Tukwila Department of Community Development teve Lancaster, NO Ms. Ivana Halvorsen Barghausen Engineering 18215 72 " Avenue South Kent, WA 98032 CL q: /Davis Properties/L05 -050 et at Complete App.doc RE: Davis Properties, 9229 East Marginal Way South — L05 -050, L05 -051, L05 -055, L05- 057, and E05 -011 Thank you for submitting the materials on January 4, 2006 in response to my letters of September 14, 2005 and October 27, 2005. Your applications for Administrative Design Review (L05 -055) Shoreline (L05 -050), Shoreline Variance (L05 -051) and SEPA (E05 -011) located at 9229East Marginal Way South have been found to be complete on January 12, 2006 for the purposes of meeting state mandated time requirements. The next step is for you to install the public notice board on the site within 14 days of the date of this letter. You received information on how to prepare and install the sign with your application packet. If you need another set of those instructions, you may obtain them at the Department of Community Development (DCD). Please call me 3 days prior to installing the notice board to so I can arrange for the mailing associated with the Notice of Application. I will post the site with the Notice of Application. For the Notice of Application mailing, I will need 6 additional copies of the revised plan sets, SEPA checklist and Planned Action Checklist. This determination of complete application does not preclude the City from requesting additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. Page I of 2 01/12/2006 2:21 PM Steven let, Mayor tor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Ms. Ivana Halvorsen Barghausen Engineering January 12, 2006 If you have any questions, please f!,e1 free to call me at 431 -3661. Sincerely, 4q $ Carol Lumb Senior Planner cc: Nora Gierloff, Planning Supervisor, DCD Jill Mosqueda, Engineer, Public Works Department CL Page 2 of 2 01/12/2006 2:21 PM q: /Davis Properties/L05 -050 et al Complete App.iloc Barghausen Consulting Engineers 18215 72nd Ave. S. Kent, WA REFERENCE NO: / Order No.: 20177862 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Transnation Title Insurance Company a corporation herein called the Ccmpany, the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: September 1, 2005 Transnation Title Insurance Company By a Land America® Commercial Services Subdivision Guarantee G NT004 Authorized Signature • GUARANTEES • RECEIVED SEP 14 2005 Two Union Square 601 Union Street Suite 1100 Seattle, WA 98101 Phone: 206 - 628 -2873 CommuNiTY Fax: 206 - 628 -0631 Liability: $10,000.00 Charge: $350.00 Tax: $30.80 Total: $380.80 Page 1 of 5 1. Name of Assured: Barghausen Consulting Engineers 2. Date of Guarantee: September 1, 2005 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. Title to the estate or interest in the land is vested in Container Properties, L.L.C., a Washington limited liability company b. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. INTENTIONALLY DELETED 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 5422600010 YEAR BILLED PAID BALANCE 2005 $101,204.38 $50,602.19 $50,602.19 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $50,602.19 LEVY CODE: 2430 ASSESSED VALUE LAND: $8,681,000.00 ASSESSED VALUE IMPROVEMENTS: $949,100.00 (COVERS SAID PREMISES AND OTHER PROPERTY) 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: A CLOSED TILE DRAIN AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 2, 1932 RECORDING NO.: 2716188 4. UNRECORDED EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: UNDERGROUND STORM DRAIN OUTFALL LINE AREA AFFECTED: A PORTION OF SAID PREMISES DISCLOSED BY: MODIFICATION THEREOF RECORDED: SEPTEMBER 18, 1995 RECORDING NO.: 9509180955 AND MODIFICATION THERETO: SCHEDULE A RECORDED: SEPTEMBER 18, 1995 RECORDING NO.: 9509180955 Order No.: 20177862 Subdivision Guarantee Page 2 of 5 GNT004 0 • 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE BOEING COMPANY PURPOSE: COMMUNICATIONS DUCT BANK WITH ALL CONNECTIONS, MANHOLES AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 8, 1998 RECORDING NO.: 9806080935 6. COVENANT, CONDITIONS AND HOLD HARMLESS AGREEMENT(S) RELATING TO BENEFICIAL RIGHTS RESERVED FOR THREE DRAINAGE OUTFALL PIPES LOCATED ON PROPERTY ADJOINING ON THE SOUTH IMPOSED BY INSTRUMENT RECORDED ON NOVEMBER 20, 1973, UNDER RECORDING NO. 7311200308. 7. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 4, 1963 RECORDING NO.: 5591648 REGARDING: SEWER CONNECTION 8. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: AUGUST 3, 1966 RECORDING NO.: 6064204 REGARDING: MAINTENANCE AND USE OF JOINT SEWER 9. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF DUWAMISH WATERWAY AND /OR COMMERCIAL WATERWAY DISTRICT NO. 1. 10. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 11. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 12. DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CONTAINER PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: KEYBANK NATIONAL ASSOCIATION ORIGINAL AMOUNT: $5,750,000.00 DATED: JULY 10, 1998 RECORDED: JULY 13, 1998 RECORDING NO.: 9807130818 INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LENDER /AGENCY /INDIVIDUAL. THE DEED OF TRUST WAS MODIFIED BY INSTRUMENT. RECORDED: FEBRUARY 28, 2001 RECORDING NO.: 20010228000776 Order No20177862 Subdivision Guarantee Page 3 of 5 GNT004 13. MEMORANDUM OF LEASE: LESSOR: LESSEE: DATED: RECORDED: RECORDING NO.: Subdivision Guarantee GNT004 END OF EXCEPTIONS Order No20177862 CONTAINER PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY NORTHWEST CONTAINER SERVICES,INC., AN OREGON CORPORATION JULY 10, 1998 JANUARY 23, 2002 20020123003030 WE NOTE THAT SAID MEMORANDUM DOES NOT CONTAIN THE ENTIRE LEGAL DESCRIPTION OF THE PROPERTY BEING LEASED. Page 4 of 5 LINE A: 1 LINE B: • EXHIBIT "A" Order No.: 20177862 THAT PORTION OF TRACTS 1 AND 2 OF THE MEADOWS, ACCORDING TO THE PARTITION MAP OF PART OF THE FRANCIS MCNATT DONATION LAND CLAIM NO. 38 FILED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 120091, AND OF THE ABANDONED BED OF THE DUWAMISH RIVER, ALL LOCATED IN SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND ALL LYING WESTERLY OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND ALSO WESTERLY OF THE PARCEL OF LAND ADJOINING EAST MARGINAL WAY WHICH WAS CONVEYED TO GREAT NORTHERN RAILWAY COMPANY BY DEED RECORDED UNDER RECORDING NUMBER 4784818; LYING EASTERLY OF THE EASTERLY MARGIN OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 (DUWAMISH WATERWAY); LYING SOUTHERLY OF THE HEREINAFTER DESCRIBED "LINE A "; AND LYING NORTHERLY OF THE HEREINAFTER DESCRIBED "LINE B ": BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH, WHICH POINT BEARS NORTH 89 °15'54" WEST A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST A DISTANCE OF 648.77 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MCNATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; RUNNING THENCE WEST A DISTANCE OF 1574.72 FEET TO THE EAST LINE OF COMMERCIAL WATERWAY NO. THENCE SOUTH 15 °00'00" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 237.76 FEET TO THE TRUE POINT OF BEGINNING OF SAID "LINE A "; THENCE EAST A DISTANCE OF 1053.10 FEET; THENCE SOUTH 23 °02'00" EAST A DISTANCE OF 46.03 FEET; THENCE EAST A DISTANCE OF 561.38 FEET TO THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND THE TERMINUS OF SAID "LINE A "; BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AT A POINT WHICH BEARS NORTH 89 °15'54" WEST A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST A DISTANCE OF 1374.17 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MCNATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID POINT BEING AT THE INTERSECTION OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH WITH THE NORTH LINE OF VAN DE VANTER STOCK FARM TRACT AND THE TRUE POINT OF BEGINNING OF SAID "LINE B "; THENCE NORTH 89 °27'50" WEST A DISTANCE OF 14.94 FEET; THENCE NORTH 86 °54'59" WEST A DISTANCE OF 486.97 FEET; THENCE NORTH 84 °17'04" WEST A DISTANCE OF 117.00 FEET; THENCE SOUTH 83 °57'56" WEST A DISTANCE OF 119.00 FEET; THENCE SOUTH 70 °40'29" WEST A DISTANCE OF 110.173 FEET; THENCE SOUTH 61 °33'40" WEST A DISTANCE OF 840.02 FEET, TO THE EASTERLY LINE OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 AND THE TERMINUS OF SAID "LINE B" 0 • EXHIBIT "A" (continued) Order No.: 20177862 TOGETHER WITH THE RIGHT TO CROSS THE PARCEL CONVEYED TO GREAT NORTHERN RAILWAY COMPANY AS RESERVED IN DEED RECORDED UNDER RECORDING NUMBER 4784818; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non - judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured': the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land ": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage ": mortgage, deed of trust, trust deed. or other security instrument. (d) "public records ": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date ": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duly to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) o` the Company may be necessary or desirable to establish the title to the estate o interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate a I liability of the Company hereunder. In the event after notice of claim has been g van to the Company by the Assured the Company offers to purchase said irdebtedness, the owner of such indebtedness shall transfer and assign said irdebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is ooligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as slated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has bean a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability votuntanly assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro lento. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000.000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shatl include the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261 -7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) • I Issued by Attest: II LandAmerica Commercial Services Commitment Cover - WA (Revised 4/03) r MEI II=MIMMENEEN■immimil Transnation Title Insurance Company COMMITMENT FOR TITLE INSURANCE Transnation Title Insurance Company, an Arizona corporation, herein called the Company, for a valuable consideration, hereby commits to Issue its policy or policies of title insurance, as identified in Schedule A, In favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or Interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See the following pages for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted In Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement and is subject to the Conditions and Stipulations. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 180 days 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. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Secretary By: Two Union Square 601 Union Street Suite 1100 Seattle, WA 98101 Phone: 206 - 628 -2873 Fax: 206 - 628 -0631 Transnation Title Insurance Company ?i,a4 / President COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking In good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or 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 and Conditions and Stipulations and the Exclusions from Coverage 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 action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason thereof. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17 -92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (111) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy Insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent Insurance Is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting In loss or damage which would not have been sustained if the Insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state in which the land Is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth -in- lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured ty this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine or equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10- 17 -92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (II) the character, dimensions or location of any Improvement now or hereafter erected on the land; (IIi) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in tie public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Commitment Cover - WA (Revised 4/03) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE (10- 22 -03) In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: (a) building (b) zoning (c) Land use (d) improvements on the Land (e) Land division (f) environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: (a) a notice of exercising the right appears in the Public Records at the Policy Date; or (b) the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they appear in the Public records; (b) that are Known to You at the Policy Date, but not to Us, unless they appeared in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described In Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. CLTA STANDARD COVERAGE LOAN POLICY 1990 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use or enjoyment of the land; (II) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the Insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth -in- lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest Insured by this policy or the transaction creating the interest of the Insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. Commitment Cover - WA (Revised 4/03) SCHEDULE OF EXCLUSIONS FROM COVERAGE (continued) 0 SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY — STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Taxes or assessments which are not now payable or 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; proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or daims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession, thereof. 3. Easements, liens or encumbrances, or daims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown by the public records. 5. Any Lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under Workmans' Compensation Acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or Improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY — EXTENDED COVERAGE 1. Taxes or assessments which are not now payable or 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; proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installations which are not disclosed by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or Improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 5. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN POLICY (10- 17 -92) and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10- 22 -03) No general exceptions appear in these policy forms. Commitment Cover - WA (Revised 4/03) LandAmerica Commercial Services 1. Effective Date: November 3, 2004 at 8:00 a.m. Commitment No.: RT - 20100991 2. Policy or Policies to be issued: Owners Policy 10 -17 -92 Commercial Rate Proposed Insured: To Be Determined Amount: TO COME Premium: $ 0.00 Tax: $ 0.00 Total: $ 0.00 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: Container Properties, L.L.C., a Washington limited liability company 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. Transnation Title Insurance Company By Authorized Signature Order No.: RT - 201 00991 COMMITMENT FOR TITLE INSURANCE SCHEDULE A Preliminary Commitment Page 1 of 8 Two Union Square 601 Union Street Suite 1100 Seattle, WA 98101 Phone: 206 - 628 -2873 Fax: 206 - 628 -0631 LINE A: LINE B: 0 • EXHIBIT "A" Order No. RT - 20100991 THAT PORTION OF TRACTS 1 AND 2 OF THE MEADOWS, ACCORDING TO THE PARTITION MAP OF PART OF THE FRANCIS MCNATT DONATION LAND CLAIM NO. 38 FILED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 120091, AND OF THE ABANDONED BED OF THE DUWAMISH RIVER, ALL LOCATED IN SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND ALL LYING WESTERLY OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND ALSO WESTERLY OF THE PARCEL OF LAND ADJOINING EAST MARGINAL WAY WHICH WAS CONVEYED TO GREAT NORTHERN RAILWAY COMPANY BY DEED RECORDED UNDER RECORDING NUMBER 4784818; LYING EASTERLY OF THE EASTERLY MARGIN OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 (DUWAMISH WATERWAY); LYING SOUTHERLY OF THE HEREINAFTER DESCRIBED "LINE A "; AND LYING NORTHERLY OF THE HEREINAFTER DESCRIBED "LINE B ": BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH, WHICH POINT BEARS NORTH 89 °15'54" WEST A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST A DISTANCE OF 648.77 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MCNATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; RUNNING THENCE WEST A DISTANCE OF 1574.72 FEET TO THE EAST LINE OF COMMERCIAL WATERWAY NO. 1; THENCE SOUTH 15 °00'00" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 237.76 FEET TO THE TRUE POINT OF BEGINNING OF SAID "LINE A "; THENCE EAST A DISTANCE OF 1053.10 FEET; THENCE SOUTH 23 °02'00" EAST A DISTANCE OF 46.03 FEET; THENCE EAST A DISTANCE OF 561.38 FEET TO THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND THE TERMINUS OF SAID "LINE A "; BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH ATA POINT WHICH BEARS NORTH 89 °15'54" WEST A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST A DISTANCE OF 1374.17 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MCNATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID POINT BEING AT THE INTERSECTION OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH WITH THE NORTH LINE OF VAN DE VANTER STOCK FARM TRACT AND THE TRUE POINT OF BEGINNING OF SAID "LINE B "; THENCE NORTH 89 °27'50" WEST A DISTANCE OF 14.94 FEET; THENCE NORTH 86 °54'59" WEST A DISTANCE OF 486.97 FEET; THENCE NORTH 84 °17'04" WEST A DISTANCE OF 117.00 FEET; THENCE SOUTH 83 °57'56" WEST A DISTANCE OF 119.00 FEET; THENCE SOUTH 70 °40'29" WEST A DISTANCE OF 110.173 FEET; THENCE SOUTH 61 °33'40" WEST A DISTANCE OF 840.02 FEET, TO THE EASTERLY LINE OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 AND THE TERMINUS OF SAID "LINE B 0 • EXHIBIT "A" - Continued Order No. RT - 20100991 TOGETHER WITH THE RIGHT TO CROSS THE PARCEL CONVEYED TO GREAT NORTHERN RAILWAY COMPANY AS RESERVED IN DEED RECORDED UNDER RECORDING NUMBER 4784818. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. 0 • Order No. RT - 20100991 SCHEDULE B REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Standard exceptions set forth on the Commitment Cover. B. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: 1. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 5422600010 YEAR BILLED PAID BALANCE 2004 $102,893.49 $102,893.49 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2430 ASSESSED VALUE LAND: $8,365,200.00 ASSESSED VALUE IMPROVEMENTS: $1,264,900.00 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: A CLOSED TILE DRAIN AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 2, 1932 RECORDING NO.: 2716188 4. UNRECORDED EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: UNDERGROUND STORM DRAIN OUTFALL LINE AREA AFFECTED: A PORTION OF SAID PREMISES DISCLOSED BY: MODIFICATION THEREOF RECORDED: SEPTEMBER 18, 1995 RECORDING NO.: 9509180955 AND MODIFICATION THERETO: RECORDED: SEPTEMBER 18, 1995 RECORDING NO.: 9509180955 Page 4 of 8 • • Order No. RT - 20100991 SCHEDULE B - continued 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE BOEING COMPANY PURPOSE: COMMUNICATIONS DUCT BANK WITH ALL CONNECTIONS, MANHOLES AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 8, 1998 RECORDING NO.: 9806080935 6. COVENANT, CONDITIONS AND HOLD HARMLESS AGREEMENT(S) RELATING TO BENEFICIAL RIGHTS RESERVED FOR THREE DRAINAGE OUTFALL PIPES LOCATED ON PROPERTY ADJOINING ON THE SOUTH IMPOSED BY INSTRUMENT RECORDED ON NOVEMBER 20, 1973, UNDER RECORDING NO. 7311200308. 7. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 4, 1963 RECORDING NO.: 5591648 REGARDING: SEWER CONNECTION 8. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: AUGUST 3, 1966 RECORDING NO.: 6064204 REGARDING: MAINTENANCE AND USE OF JOINT SEWER 9. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF DUWAMISH WATERWAY AND /OR COMMERCIAL WATERWAY DISTRICT NO. 1. 10. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 11. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 12. DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CONTAINER PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: KEYBANK NATIONAL ASSOCIATION ORIGINAL AMOUNT: $5,750,000.00 DATED: JULY 10, 1998 RECORDED: JULY 13, 1998 RECORDING NO.: 9807130818 INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LENDER /AGENCY /INDIVIDUAL. THE DEED OF TRUST WAS MODIFIED BY INSTRUMENT. RECORDED: FEBRUARY 28, 2001 RECORDING NO.: 20010228000776 Page 5of8 13. MEMORANDUM OF LEASE: NOTE 1: 0 •OrderNo. RT - 20100991 SCHEDULE B — continued LESSOR: CONTAINER PROPERTIES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY LESSEE: NORTHWEST CONTAINER SERVICES,INC., AN OREGON CORPORATION DATED: JULY 10, 1998 RECORDED: JANUARY 23, 2002 RECORDING NO.: 20020123003030 14. LEASEHOLD DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: NORTHWEST CONTAINER SERVICES, INC., AN OREGON CORPORATION TRUSTEE: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION BENEFICIARY: U.S. BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION ORIGINAL AMOUNT: $5,500,000.00 DATED: JANUARY 17, 2002 RECORDED: JANUARY 23, 2002 RECORDING NO.: 20020123003031 INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LENDER/AGENCY /INDIVIDUAL. (COVERS GRANTORS LEASEHOLD ESTATE) THE DEED OF TRUST WAS AMENDED BY INSTRUMENT. RECORDED: AUGUST 13, 2002 RECORDING NO.: 20020813001783 THE DEED OF TRUST WAS AMENDED BY INSTRUMENT. RECORDED: SEPTEMBER 23, 2003 RECORDING NO.: 20030923002359 THE DEED OF TRUST WAS AMENDED BY INSTRUMENT. RECORDED: APRIL 28, 2004 RECORDING NO.: 20040428002933 15. UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. WE ARE INFORMED THAT CONTAINER PROPERTIES, L.L.C. IS A WASHINGTON LIMITED LIABILITY COMPANY (LLC). A COPY OF THE DUPLICATE ORIGINAL OF THE FILED LLC CERTIFICATE OF FORMATION, THE LLC AGREEMENT, AND ALL SUBSEQUENT MODIFICATIONS OR AMENDMENTS MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. ANY CONVEYANCE OR MORTGAGE BY SAID LIMITED LIABILITY COMPANY (LLC), MUST BE EXECUTED BY ALL THE MEMBERS, OR EVIDENCE SUBMITTED THAT CERTAIN DESIGNATED MEMBERS OR MANAGERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY Page 6 of 8 NOTE 2: • *Order No. RT - 20100991 SCHEDULE B — continued THE COMPANY HAS BEEN ASKED TO ISSUE AN OWNER'S POLICY WITHOUT DISCLOSURE OF THE LIABILITY AMOUNT. THIS COMMITMENT SHALL BE EFFECTIVE ONLY WHEN THE AMOUNT OF THE POLICY COMMITTED FOR HAS BEEN INSERTED IN SCHEDULE A HEREOF. THE FORTHCOMING POLICY MUST BE ISSUED IN AN AMOUNT AT LEAST EQUAL TO THE FULL VALUE OF THE ESTATE INSURED IN ACCORDANCE WITH OUR RATING SCHEDULE ON FILE IN THE OFFICE OF THE WASHINGTON STATE INSURANCE COMMISSIONER. THE COMPANY MAY HAVE FURTHER REQUIREMENTS IF THE UNDISCLOSED AMOUNT TO BE INSURED EXCEEDS THE CURRENT ASSESSED VALUATION. NOTE 3: TITLE WILL BE VESTED IN PARTIES YET TO BE DISCLOSED. WHEN TITLE IS VESTED, THEIR TITLE WILL BE SUBJECT TO MATTERS OF RECORD AGAINST THEIR NAMES. NOTE 4: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: NOTE 5: NOTE 6: NOTE 7: COMMERCIAL /INDUSTRIAL STRUCTURE(S) KNOWN AS: 9229 EAST MARGINAL WAY SOUTH TUKWILA, WA 98108 THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. PORTION OF TRACTS 1 AND 2 OF THE MEADOWS UNREC. WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. IF THEY MAY BE RELEASED WITHIN 48 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: TRANSNATION TITLE INSURANCE COMPANY 1200 SIXTH AVENUE, SUITE 100 SEATTLE, WA 98101 ATTN: RECORDING DEPT. Page 7 of 8 BRP Enclosures: Sketch Vesting Deed All recorded exceptions SCHEDULE B - continued (END OF EXCEPTIONS) li rder No. RT - 20100991 Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested or specified herein, the forms of policy to be issued in connection with this Commitment will be the ALTA 2003 Homeowner's Policy, the ALTA 1992 Lender's Policy, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy - 1990. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. Page 8 of 8 'DAVIS MEADOW TRACTf This sketch is provided, without charge, for your information. It is not intended to show all matters related to the property including, but not limited to, area, dimensions, easements, en- croachments, or location of boundaries. It is not a part of, nor does it modify, the commitment or policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this �l.Prrl, R efprenres should be made m an accurate survey for further information. 9807130817 WHEN RECORDED RETURN TO: DAVID W. BEVER CARNEY BADLEY SMITH z SPELLMAN 7801 - 5TH AVE.. SUITE 2200 SEATTLE, WA 98104 -7092 CHICAGO TITLE INSURANCE COMPANY � DOCUMENT TITLE (e ) 1 STATUTORY WARRANTY DEED 2 3 CHICAGO TITLE M. CO. 4 REF# f a REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED: Op 17 Additional reference numbers on page of document GRANTOR (e) : 1 RHODIA INC., A DELAWARE CORPORATION 2 3 C7 Additional names on page of document GRAITPEE(e) : 1 CONTAINER PROPERTIES, L.L.C. 2 3 O Additional names on page of document ABBREVIATED LEGAL DESCRIPTION: Lot-Unit: 1 -2 Block Volume: Page: Section: Township: Range: Portion: Plat Name: THE MEADOWS TRACTS UNRECORDED 4 lg7 Complete legal description is on page of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUNBER(m): 542260- 0010 -04 Additional Tax Accounts are on page of document Order Number. 000496072 Note: This cover sheet is prepared to conform to the requirements d Chapter 143. Laws of 1996. Nothing on this sheet alters the names. legal description or other Irdormatlon In the attached document. The only purpose of this cover sheet is to assist the auditor In indexing the document in conformance with statute. The Recorder will rely on the intimation provided on this form. The staff will not read the document to verify the accuracy or completeness of the inde:dng Information provided herein. cover /2- 5- 97 /rme Ei624841 07/i3/98 8032:.00 6830000.00 RECEIVED SEP 14 2005 COMMUNITY DEVELOPMENT After Recording, Return To: David W. Bever Carney Badley Smith & Spellman. P.S. 701 Fifth Avenue, Suite 2200 Seattle. WA 98104 -7091 STATUTORY WARRANTY DEED GRANTOR: RHODIA INC.. a Delaware corporation, for and in consideration of ten dollars (S10.00) and other valuable consideration in hand paid, conveys and warrants to CONTAINER PROPERTIES, LLC.. a Washington limited liability company, the following described real property and improvements commonly known as 9229 E. Marginal Way S. Tukwila, King County, Washington, and legally described on the attached Exhibit "A." This conveyance is made by Grantor and accepted by Grantee, subject to the exceptions to title described on Exhibit B attached hereto. The true consideration for this conveyance is five million two hundred fifty thousand dollars (S5,250,000.00). EXECUTED this loctday of July, 1998. By Myron C uakin t p t = 1 3i sw STATE OF NEW JERSEY ) V. \ . 1ss. COUNTY OF MIDDLESEX ) ,, � '`�.,,,, M I certify that I know or have satisfactory evidence that Myron Caluskin is the person who appeared before me and said person acknowledged that he/she signed this instrument on oath and stated that he/she was authorized to executed the instrument and acknowledged that hehlalc is the Sr. Vice Pres. of Rhodia Inc. to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 10th day of July.1998. RHODIA INC., a Delaware corporation R.6.1 Zr 'Gladys S. t.ankf0 d (Print Name) Notary Public in and for the State of Nev Jersey residing at 7/ «MXrrf 'vdi°t My Commission Expires: GLADYS S. LANKFORD Nobly Public, State d New Army County of MiddNeea OomNesion Eapva October 16, 2002 RECEIVED SEP 14 2e05 DEVELOPMENT LINE A: LINE 8: • • EXHIBIT "A" EXHIBIT adr�iP 4 oI Schedole�A ) THAT PORTION OF TRACTS 1 AND 2 OF THE MEADOWS, ACCORDING TO THE PARTITION MAP OF PART OF THE FRANCIS MCNATT DONATION LAND CLAIM N0. 38 FILED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 120091, AND OF THE ABANDONED BED OF THE DUWAMISH RIVER. ALL LOCATED IN SECTION 33, TOWNSHIP 24 NORTH, RANGE 4. EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. AND ALL LYING WESTERLY OF THE WESTERLY MARGIN OF EAST MARGINAL NAY SOUTH AND ALSO WESTERLY OF THE PARCEL OF LAND ADJOINING EAST MARGINAL WAY WHICH WAS CONVEYED TO GREAT NORTHERN RAILWAY COMPANY BY DEED RECORDED UNDER RECORDING NUMBER 4784818; LYING EASTERLY OF THE EASTERLY MARGIN OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT N0. 1 (DUWAMISH WATERWAY); LYING SOUTHERLY OF THE HEREINAFTER DESCRIBED "LINE A "; AND LYING NORTHERLY OF THE HEREINAFTER DESCRIBED "LINE B ": BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH, WHICH POINT SEARS NORTH 89 °15'54" WEST A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40 EAST A DISTANCE OF 648.77 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH PROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MCAAT! AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST. WILL.AIO:TIE MERIDIAN. IN KING COUNTY, WASHINGTON; RUNNING THENCE WEST A DISTANCE OF 1574.72 FEET TO THE EAST LINE OF COMMERCIAL WATERWAY N0. 1; THENCE SOUTH 15•00'00° EAST ALONG SAID EASTERLY LINE A DISTANCE OF 237.76 FEET TO 771E TRUE POINT OF BEGINNING OF SAID "LINE A "; THENCE EAST A DISTANCE OF 1053.10 FEET; THENCE SOUTH 23.02'00° EAST A DISTANCE OF 46.03 FEET; THENCE EAST A DISTANCE OF 561.38 FEET TO THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND THE TERMINUS OF SAID "LINE A "; BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AT A POINT WHICH BEARS NORTH 89 °15'54" WEST A DISTANCE OP 2470.01 PEE7 ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST A DISTANCE OF 1374.17 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH PROM THE ZNTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MQ(ATT AND NBDIRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST. WILLAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON. SAID P3/NT BEING AT THE INTERSECTION OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH WITH THE NORTH LINE OF VAN DE VArTER STOCK FARM TRACT AND TEA TRUE POINT or CHICAGO 'RILE l7 (JRANCE COMPANY LEGAL DESCRIPTION OQIIT (Paeeirspli 4 at Schedule A ooadasaom) BEGINNING OF SAID 'LINE B'; THENCE NORTH 09•27'50• WEST A DISTANCE OP 14.94 FEET; THENCE NORTH 06'54'59' WEST A DISTANCE OP 406.97 FEET; THENCE NORTH 04'17'04' WEST A DISTANCE OP 117.00 FEET; THENCE SOUTH 03 WEST A DISTANCE OP 119.00 PELT; THENCE SOUTH 70'40'29' WEST A DISTANCE OP 110.173 PEET; THENCE SOUTH 61'33'40' WEST A DISTANCE OF 040.02 FEET, TO THE EASTERLY LINE OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT N0. 1 AND THE TERMINUS OF SAID 'LINE W. TOGETHER WITH THE RIGHT TO CROSS THE PARCEL CONVEYED TO GREAT NORTHERN RAILWAY COMPANY AS RESERVED IN DEED RECORDED UNDER FILE NUMBER 4784818. •••••••-•.•-. • EXHIBIT B DEED -X .EPTiONS 1. 1998 taxes which are a lien due but not yet payable. 2. General Exceptions: G, H; Special Exceptions 1, 2, 3, 4, 5, 6, 7, 9, 15 and 16 to Schedule B of Chicago Title Insurance Company ALT, Commitment Order No. 498072. 3. Statement of Facts which are shown on a survey dated May 27, 1998, and prepared by Bush, Roed & Hitchings, Inc., 2009 Minor Avenue East, Seattle, WA 98012, for Carney, Badley, Smith & Spellman. • ReCEN SEP 14 2005 OtlEOpip.y. 1520466 Easement robert greer charlotte greer stauffer chemical company pacific bosk coal and fertilizing company DEVELOPMENT To COMMUNITY 24.'32 This indenture, mi. this 28th dry of :Sarah, 1932, by and between Robert P. Greer wad Charlo t 'hoer. his wife. Stmu"f r rhemtoal Cosrany of California, a corporation, of San Francisco, g !art, hereinafter referred to as grantors, and Ring County, Washington, paei'ic Bone Coal ea k Trrtilising company, a corporation, of S► lo, Washington aun p• rttes of the fir st ielpa corporation partv�e}lM of the second part, hereinafter referred to as grantee. � Witeee•th, that said grantors, for and in consideration of the sue of One Dollar (81.i)) to .� in bane paid by the said grantee, and other good and valuable oonsideratioo, the receipt whereof is hereby aclmowl.•dgud, do by the a presents hereby grant and convey to said grantee, Its suooesson a� afisigne. an easement for • right -of-w. ten (10) feet in width for the easetruction, operation and w iatenanoe of • closed tile drain •oproxisately located as follows. Beginning at the intersection of North line No. 2 Tree! Meadow's Addition, Francois Mc>latt C.L.C. No. 38 and West rirbt -of -ay 1Lne of R. Marginal Way. Thence West along North line of said tract 11. ft. to the true point of beginning. Thenoe South 39'08'57' W. 758 ft. to the tide meter of slip No. 6 of Duamish Waterway. The bearing of S. Marginal Way being B. 23 R., by the most feasible and practicable mute, said drain to be laid approximately four (4) feet above mean sea level at east Marginal Way, and •ppreximately three (3) feet above ran sea level at point of entrees to Dueasish Waterway, said drain to be of thirty -three (33) inch vitrified sewer pipe, and said grantee shall have the right at • all tines to enter the said - remises of the grantor: for the purposes of easetruotlon, and after installation to properly maintain aaiJ drain, and the property over uhioh said grant 1s hereby given is described as follows. Tract No. 2, Meadow's Addition, Francis Molatt D. L. C. Jo. 38, Bee. 33, Tarp. 24 N.R. 4 R.W.M., es shown by the attact>d blueprint, and the perpetual right to use the said premises within said ten (10) foot limit, and this conveyance shell be • covenant running with the land, and shall be binding wpm the grantors, their suooessors and assigns forever. The grantee agrees to make any neoessary changes in the line of said drain to conform to asp building plan which ay be now contemplated or later determined upon by the grantors. and will at its own expense ate such neoeasery changes upon the request of the gr_. -tore. Two sewer econeotion• will be furnished the grantors along said tile drain at such places and at such tine as the grantors may desire. In Witness 18+ereof, this easement 1s executed by the said grantors and the grantee first above written. Robert P. Greer Charlotte R. Greer per. R. P. Ore.? At in fact (S. C. Co. Corp. Seal) STAUFFER CHEMICAL COMPANY By Join E. Wheeler V. Prest J. L. Reynolds Asst. Sooty. (P. B. C. and F. Co. Corp. Beal) PACIFIC BOA COIL A PtRTIISZISO COd'Al1T LT S. Niter President A. B. Wright Asst. Sooty. Grantor+ (Ping County Commissioners Seal) A. B • COOiTT By Dan. B. Lvans W. B. Brinton J. A. Barley Board of County Coaissionere king Counts. Washington Attest. George A. Grant Clerk of the Board By C. P. Cage Deputy Grantee Piled for record at request of Thayer 0. Bunt, County Engineer, Apr. 2, 1932. at 40 sin. pest 9 A.M. 01. 0..orar A. Grad, County )editor the day and year — Ricker Hydroo Condu t Divsion STC 4000 Precast Comets Sto maptor (4800 U.S. Gallon Capacity) teem IT Fn. ana aea. No. - Section lbw StemOer Edell* del Tr trap Pips 1.1bme aka addn:ba6. end ode Pipe The Cow&aid Fe *limed emlbWatt" gee d lte Vas FWe ib pp d 6637 l 6 U9. Aaam: M9ddied, d91 64 a a5 tgre ,17M91 atar ed176 TA.6a A Cmba. ) Dndt apemde to tarter dot ea tad m [L deer Hydro Condu't Divsior STC 7200 Pretest Concrete Stmmaptor • MOO U.S. Gallon Capealy) 11• �. PI/ um0.0 aroa COMIKIka oral Eicorcort Pan lea 16011 No. Solon Thu ChambeEnlarged r Tee Data PIP 1. he Nada noble (=dm ream>m' lnlb brad Wets.. 27b 6 Orattaddbepoakeed�m�etI w0®eDap Nod 1bVmPpe t e a 11115. 111.IWp1Sa,#61111691 11.1 Pa�:M91514 l Cam. N/-0to Otheitespreedathe me beta dabmGad ea this tea NOTES AND DETAILS RECEIVED SEP 1 2: DEVELOPMENT 0 l IRA if ,I ett CALL. BEFORE YOU DIO 1- 800 - 424 -5665 in it f -41- 5 5' r '8. , 1 Sr X NC VEGETATION TO MINN 0 PRELIMINARY LANDSCAPE PLANTING PLAN 56506 MOO' "• 08 APE PLANT MATERIAL L.EOB+O sat an OAMM e0CM6G4 I COMM NAME COONS YLVlf1 / MAMA aMmoMSwm AMMO oIC5110 Mt / DEMO ME LOAM GAMS! COM MOW. PEAS ANa STAMM , MILD 1 1..O 4CCOIV/ COMA DO O ADC CDM1 q MOM M A7 MCM M AS MOM 17 A MOM 17 eILMTtt AMMO MOON Aartr. . ALL MMCAR WO MA Y AMW If A Mw PAM A01M0C M1. 101 MM. a. MOM MO NIL MT MM M TMMA MOM Mm[ OYATO WOOD mM VW • CM ONE MICrDC MACK MOOT DM PA raw IC am. SCMCIa Cl I' ATM 0MMi M 00 -110AN MVO* xu�Ir MAY • 9W MS CC MAD WPM MOW DO-0.17 MAO ow M MT DIE D MC WR• MOM 0170 ,011 MEET GM NM- sMMOtM AT MO OJT CO 0M017 SOMA DAM COMA 1O71-17112•K aDTM N MM ONE MOM SOMA MMYI DMA Ill-CUT LOCO 0000 a • 0 s 0 FSN n {r0 SATANICAL / COMM WMc 9M= ADMIMA DOGMA / IMAM AMMO COMA MAIM DOM / MAMA MILO MIAMI / COMO DAM DOOM MOD AMMUM i / NMMmM OVE01000 MOW / M MM CMI IMYM mamos,M 9110 LOAM / OIC WAD/ uMn ICA11O LAMMOOM 'oMM61Y / KAMA IAMB. q COMA AAA A00110 NOSE M IROOMUS AMA / COMM MINDING MAIM WO ONO DOOM COOL TCC.CA CMC CS / Malta [1MY9WC! MAMA [ - M• COTADO COMO 1r - M• COMMIT T OIL r M V 04 V CL r04 Tr ot If o4 ID AO A Moo 4MM65 58816 5 A.95' -- RICER/ED Str 1 ., 2n5 MO If NM 110107011, MOM Mm TIDES NCO Alm t A M SMmflM. Mon COMMUNITY DEVELOPMENT a L ANDSCAPE PLANTING NOTES AND MATERIALS BCO8 0P WM FURNISH ALL MAT0MB, LABOR 000 EMEAND A RELATED ITEMS NECESSARY TO ACCOMPLISH ACCOM PROPRIETOR O. 0061M TOPSOIL. TREATMENT MID PRERUOR Of B 401:010. p 010. PUCENT OF EPECPFD PUNT WID513. *0011120*. SUM, MULCH, CLENI -UP. OEOEM RORNAL MID 30-MY NAPRIONNCE lAH E� �OPACM 10 R TO BE SKILLED A NIri111. NP IN THE REID OF 1 110104 MN HERE A 10AODM FOR FIVE I E)OEItl YEARS Oa 000NTRACTOR MULLING 5AR YORK. CORACIOR TO BE LICENSED PERMIT PER11 ORN W SPECIFIED M N1 THE PRESONG TO JOB 01N0MNS O R 6 THE COMPACTORS RESPOf1SI0 10 S AR 1 TO IDA00 TIE E O REPORT ANY NSCREPMD M EB TO E 0155 DR THE OWNERS REPRESE1141NII. ALL PLANT 'LATERAL AND FINER M ER GRADES E SUBJECT TO APPROVAL B IE 0101/1 Y T1 OR THE DRUB REPRLSENTATNL PROTECTION: SAVE M 40TN D PROTECT ALL 0C PLANTINGS SS1400.1 A TO RON. DO NOT POU 01 R 05 OTHER CONSTRUCTION OPERATCPS WHIN 01NR1CI 11AVE BEN CDYNEEE0. F AN MUM MUM MIEN IS TO BE INSTALLED D0 NOT PUNT UNIT. 011 SYSIDI INS BEEN NS ALLED. TESTED. IE AND APPROVED BY T OWNER WS= RM OP COME 1TS ST - CO NOT WAGE CR WFM4 ROOT 145TMA. BARN, OR BRANCHES. 0000 AND/OR REPLACE TEEMS DAW0ES AS A RESULT OF WORK OR WORK NOT N PLANS COMPUANCE ICH P5 AND 0EMIGRI6 T, AS DIRECTED BY OWNER AT NO comm. comm. COST TO TR AMA. ;SPAR R Dr 0151010 PL ITIGE CAJ NO THE C011PSC OF WORK. REPO NJ. CCOSTING TN KAND RAGS BY PRUMNC DEAD TM @1 GROWTH. RE- EBU90 RMSN GRADE AND IF- YUECHNO TO 0QSR0 DETT . SD10 STSTE TEND TH M 510040 WE Daunt[ DF R WORK WORK. REPAT AlIY DAME E 10 THE EOSTND 10000104* 111104 10 TOH OR BETTER M DAM EN CONDEMNS PRIOR TO THE AGE 000AMEE: OVMANTEE ALL PUNT LATERAL FOR A PUOD OF ONE YEAR FRO* DATE OF FINAL ACCEPTANCE BY OM11CR OR THE mews REPRESENTAT0 30-LAY NAINTDW E, CON04CI0R TO PROVIDE OWNS WITH A SCOPE OF WORN AT TIM OF DOLL PROECT MD TO PROVIDE LANDSCAPE AN0 MN ATOM MRJIOLANCE FOR .10 DAYS FO.01120 COMPLETION NO ACCEPTANCE BY OWNER. WOOL TO IRE *AINTENM MOM OE A5 DESCRIBED DMOM N PLANING AND 00001 * MA1N1pANCE LATERALC UL 00 ia E) PLANING 570010. FOR ALL TREES, SHRUBS AND DRON000MM 1. 40 -05C YARDS PER VDEMYE TOPSOIL OR NATNT/514C105ED TOPSOIL 2. 0.4 -CUBIC YARDS MWDC COMPOST. J. 3-POUNDS NIRNRURY (30 -0-0) 4. 1- P0UI10 AIOI*OUY 5U5ATE 1 2- POUNDS CALCIUM CARBONATE WESTON! 0. 2- P0111m5 DOIDWII LIMESTONE F) WORT TOPS5. RA1NE/ST0008ED TOPSOIL PREPARATION AND NS ALLATO4: VERFY SUBORN:ES TO -T NOES BETTR 41NSH E.000I1ON IN ALL LANDSCAPE MFRS. EXCEPT AREAS NOTED ON PIM. TNR IS 10 ACCOMMODATE FOIE TORSOS. NATIVE 100 4 TOPSO4, NOME M0 ERADICATE ANY SURFACE 4OE1411011 ROOTED N ME ELM -DRAM PM TO SUB -MADE PREPARATION THOROUGHLY SCARIFY AND RP ALL LANDSCAPE 001 -GRADES 8000 HAVE BECOME COMPACTED TO A DEPTH OF 12 000 WITH MULTIPLE PASSE, 80 DEGREES 10 EACH OTHER. SCARIFY AEEVS OACOS0B1E TO 4ECHAN® EOWYEM OR MOUND EOSMO FLANTM APED /0R EKIS11N0 IROOATON 1515 NOTED 10 RERAN WITH HAND TOOTS. Anom SOIL LUMPS, ROCK VEGETATION MD/OP DEBRIS LARGER TWIN 2 INCHES PRON NI. SUB-GRADE PRAM TO PLACEMENT OF SP "WPM TOPSOIL MOVE ANY ASRALT 010040 ROUND 6 INCHES FROM CURBS INTO ADMCFNT LANDSCAPE ALFAS PAR010 LOT RANTER SUM TO BE OVER EMANATED SY MIME- REMOVE PAVDo WASTE. GRAVEL LIME MAIDV1 MD MERLYN) SUBSOIL TO 15 NCHE3 BMW TOP Of PAWN. SCARIFY AND OVER DONATE PLANT PR BOTTOM 12 MRS TO 1OAI= STRUCTURAL COMPACTION. 0) IMPORT TOPSOIL NATN[/OIOCIOEED TSPROB P1.05001.1: RACE 2 01016 OF TOPSOIL NAWSIDWRM TOPSOIL AND w0101@DS CR O1 IMO: PREPARED SUB-GRADE NO THOMMY ROTOT104. WITH MULTIPLE PASSES INTO TG: TOP 6 NOS S OF SUB -GRADE FOR A TOTAL GERM OF S INCHES PUCE AN *50410NAL 2 NOES LIFT OR IMPORT TOPSOIL IATNE/STOCKALED DER TIE AMERCED SOIL As A SU FA00 muss!. RACE ADDITIONAL TOPSOIL. AS MOORED TO MEET FINISH ELEVATIONS OR 01 AREAS INDICATED TOR MOWED. BARN MULCH (TOPDRESSINC): ONE -NAP -INCH ( 2/2 WEL TO ONE-RICH (1), LE. 'MEDIUM' HEMLOCK/RR *Am FIVE MACH, I.E. 0: TEXTURE IMO CEIMR APE NOR ACCEPTABLE STARES: 2 -0.51 DAIMLER BY 0-FOOT YRO*UY =GOOLE PINE STARES. CAN MATER. 1 -NCH ROE POLYETMENE MAN LOCK TYPE TES: OF 3/11 CANTER RU88E. NO WIRE. TARN: 01141ERCAI SEED AS HOED 01 RM. HEROOBG HEM= S NOT REMANDDFD FM 105 FRET YEAR AFTER INSTALLATION. AN I-DIE O F.*T: Y'OT- PROOF; HOURS PRIOR TO SOMME D SITE FROM JUNE 1 THROUGH SORENBER. THOROUGHLY ROOT WATER PIANM PRIOR TO DEUhRO. PLANT wTEAA1 DOAERED TO SITE TOR KEPT CONTINUALLY MOST THROUGH NSTNIATION. EXECUTION: FINISH GRAZES: FINE GRADE AND REMOVE ROCKS AND FOREIGN OBJECTS OVER 2 RICHES DIAMETER FROM TOP SURFACE OF PREPARED W0DS'APE AREAS MISR ELEVATIONS TO BE DEFINED AS 3 RICHES 06 01435. WILLRS AND /03 01104 AIMGp1 !AImSCAPE FOR ALL PLAMN0 BED MEAS MO 1 -NCH BELOW CURBS WALKS MD OR 0110 ADJMEIJT HMOSCAPE FOR ALL LAWN AREAS ROSH GRADE *00 TO GRADE MR TO DISIAUATON OF MUCI DR LAWN ALL FINISH GRADES 10 Be 0401711 DIET GRADES LORIN COMPACTED, AS SHOWN ON THE PLAN AND DETAILED. PROVIDE POMSE DRAOADE AWAY FROM BRDNBS AND STRICTL ES. SITE CIVIL MAWS MORFY FINAL EUNATIDIS. TREE: ARRANGE TREES OIL STE IN PROPOSED LOG110N5 PER DBA1NGS. EXCAVATE PR, PLANE AND STARE 00 GUY, AS CALLED OCT AND DEEMED. NI TREES MD SUPPORTS TO STAND VERTICAL 6ICKFiLL SILL BE PIT !MOILS SETTLE BACKFILL USING WATER ONLY. NO YLCIAMCAL COMPACTION. SHRUOL INSTALL SHRUBS AS SPECIFIED FOR TREES. ORDLNDCOIEIIS 0OAWTE PITS TO A MIEN OF 2 NINES BELOW. AND TWICE THE ROOT BALL OWCTE. WATER THOROUGHLY AND TAKE COPE TO PARE TINT NWT MORN 6 AT •ROPER ORADF. AS DETAILED. MULOS HUTCH All UN61NE AREAS NOT COVERED BY TARN AS/OR SEED. APPLY SUFFICIENT OIM1M TO PROVIDE A 3-40T COMPACTED DOM. MUTT CLEARANCES 0:00 ADJUST PLANT LOCATIONS FOR 0 -FOOT SEPARATION OF TREESE/SNUBS AND 2 -FOOT SEPARATION FOR GROUNDCOVER FROM FIRE IRIDMNTS MID 0MY WW1. PLANTING AND WOGTIOI MM1ENNOE• ACCEPTANCE OF uNDSGWE ro 0 40110110H PLANTING I0 10 NCCLUDC NNW E 0, CULTIVATNO, 15170100 AND REPAIRING OF TREE GUTS, RESETTING PLANTS TO PROPER GORGES OR POSTER RE- EEAB140C SETTLED WRIEST AND MOM LAWNS '510 .1 AFTER LAWN O3ABU51O0ET. VERMICIDE S R01 RDOYLENOED FOR 01110 YEN FOLLOWING LANDSCAPE ROAUATWN. INCLUDED S RENJLFAO41 OF DEAR PINTS AND PLANTS 010540 LOA OF 40 PERCENT CR MORE OF CANOPY. TRgaiarkwo IRwI I MY01F1) GROUNDCOVER PLANTING DETAIL NOT TO SORE PLANT MATERIAL SPACING DETAIL N0' TO SCALE R S0xT 41,1 °ATD®is wRG' WOOS DOTE PATTERN STNO AND TRU Pm T CEP IMO FOR WOU r COP RAM 1.645 (0011PI OTO P�4 M:R AP P gAMfAI' Yu F"¢ OCA'A1E TN1 PR AT A MN 0/ 0 1410 DA OF ROCTIMU.arl. CENTER, MANG PAN TO MK prt FOES MOT Nu. WASTE NONu. 57 DN UMW= SUNINCE. wrt: F M�""TIMOiND°{ maEl 8431101 WOW 1.0P1R0 FOOTS FRU IF NURSEt1 TALL EVERGREEN TREE PLANTNO/STAKING DETAIL NOT TO SCALE NOT 13 SCALE RECEIVED SEP 1 A'- , R COMi,itJ*4I I L DEVELOPMENT MULCH AT CURB DETAIL NOTE it Laos. oomNoTED NANLMS OA1 N ROLL 6070 OF 3 0 0 OE MORON 1150* 5 10P10 B ERM moo r 110. MH GR A3 NOD DL I4@ TN :54, FLUSH 5M111GRME Rom TH u085 N AM RWSN GRADE { a E 1000E0L NANO PMN3 MM ELASTIC MN -LOCK U�8 TD N FOAM COAT ODOR VIER Rm�M AT T l B TO WE • RISAUMION M N LAMO PROMS 7' • 10 COSS' AU IMO • T DEEP r TO 1�TW (W VICIED N WELL I AD MK RID* TRUNK Kum DARNED mas MR ALARM PLAN N PERT. POSTON 004E LOOTS TALL R IFJEC D-- KE D 040 ROOM/ O L Y01T AND PROTECTED NI T AT ALL TINA 100 GOAL OF AND NEL M 5 NIT ABM P.m] GM[ R OT 81 RUIN SND LA MS MINI O Y - O 1600111. TO 1 MCALL G ONLY ROME ALL WRAP. TO • COMM IFDN0O8 07 INTONE „--700011. SETTLED 1r WY 1P GRADING IN PARKING LOT PLANTERS DETAIL (TOPSOIL PREP.) NOT TO 561E SOEF DV 1e RED a IiWO° 61110A RENDrt RrAr TwHM MaTa*c1G mNMS SO NU. Ca umeToND NEE G CNOACID Nom INDIA WNl-4 PEILTRARCN TC 81BBAIE (4) R' DECIDUOUS TREE PLANTING/STAKING DETAL NOT TO SCALE SECTION 'OPEC DAVIS PROPERTY AND INVESTMENT A PORTION OF THE SOUTH 1/2 OF BECTON 33, TOWNSHIP 24 N, RANGE 4 E, W.M. KING COUNTY, WASHINGTON T ■20' 20 15 10 5 0 V: ,..5' 1 000 0Y 1+00 1W 2+00 DAVIS PROPERTY AND INVESTMENT A PORTION OF THE SOUTH 1/2 OF SECTION 33. TOWNSHIP 24 N, RANGE 4 E, WM KING COUNTY, WASHINGTON 2. SHORELINE CROSS SECTIONS PLAN FOR 5 1 20, 2W P OHnx allla4fl Otl Id'. IOC im IWCT W MAI [M1IIp01df 220'ww rW0 o OIW WET OF Zr a.®no., Erna awns m E 2E1042e 11 IT . I -0130 000 000 1+a2 IHG 2+00 RECEIVED q 1 C.urulrMUNITV DEVELOPMENT R s 1 a t i l t! w A PORTION of the F. McNATT Donationa Claim No. 38, In the South 1/2 of SECTION 33 Township 24 North, Range 4 East, Willamette Meridian City of TUKWILA KING County State of WASHINGTON SHEET 1 OF 2 . FOR: DAVIS PROPERTY & INVESTMENT P.O. Box 1043 Kent, WA 98036 -1043 TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for Ming this doy of 200 . person. Short Subdivision Committee 4 KING COUNTY FINANCE DIVISION I certify that all property taxes are poid and that a depowt hos been made in sufficient amount to pay the loxes Ion the lotoeing Veen that there ore no deynquent special osseesmeMS cabbed to this off for collection: and Oat a1 sped oxsessmente on any of the prop ty herein dedicated as streets. alleys, or for other pa&C me ore paid in fu1. This day of 200_ _ Deputy King County Assessor k King County Assessor KING COUNTY ASSESSOR'S APPROVAL Examined and approved this day of 2000. _ Deputy King County Assessor King County Assessor . Toy Aotount Numbers City of Tukwila Department of Community Development 8300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (208) 4314870 FAX (208)4314885 E.snaB: tukplanatukwila.wa.us SHORT PLAT NO. DECLARATION KNOW ALL MEN BY THESE PRESENT THAT WE, THE UNDERSIGNED, OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SHORT SUBOMSON THEREOF PURSUANT TO RCW 5817.060 AND ACKNOWLEDGE THAT SAID SUBDIVISION SHALL NOT BE FURTHER DMDED 94 ANY MANNER WITHIN A PERIOD OF FINE YEARS FROM THE DATE OF RECORD. WITHOUT THE FILING OF A FINAL PLAT. THE UNDERSIGNED FURTHER DECLARE THIS SHORT PAT TO BE THE GRAPHIC REPRESENTATION OF SAID SHORT SUBDMSION AND THE SAME S MME 111114 THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). IN WIMESS WHEREOF WE HAVE SET OUR HANDS AND SEALS 8Y: PRINTED NAME ACKNOWLEDGMENT STATE OF WASHINGTON COUNTY OF KING On this day persona./ appeared before me to no known to M the indlvdual who executed the foregoing instrument and acknowledged that he /she signed the same as his/her voluntary act act and deed for uses and purposes mentionad therein. OVEN UNDER W HAND AND OFFICIAL SEAL THIS _ DAY OF 20_, holay Sent APPROVALS SIGNATURE O NOTARY PUBIC NAME OF WN6SSIOIED TITLE MY APPOINTMENT DARES TITLE RECORDER'S CERTIFICATE FILED FOR RECORD THIS DAY OF 20 AT M IN BOOK OF AT PAGE. THE REQUEST OF WILLIAM R. WORKMAN MANAGER SUPT. OF RECORDS AT LLAaIAL LACOL• lr I IVre 1UlUA THAT PORTION OF TRACTS 1 AND 2 OF THE MEADOWS, ACCORDING TO THE PARTITION MAP OF PART OF THE FRANCIS MCNATT DONATION LAND CLAIM NO 38 FLED IN KING CONEY SUPERIOR COURT CAUSE NUMBER 120091. AND OF THE ABANDONED BED OF THE DUWAMSH RIVER, AL LOCATED IN SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN. IN KING COUNTY, WASHINGTON, AND ALL LYING WESTERLY OF THE WLSIeHLY MARGIN OF EAST MARGINAL WAY SOUTH AND ALSO WL5ILNLY OF THE PARCEL OF LAND ADJOINING EAST MARGINAL WAY WHICH WAS CONVEYED TO GREAT NORTHERN RAILWAY COMPANY BY DEED RECORDED UNDER RECORDING NUMBER 4784818: LYING EASTERLY OF THE EASTERLY MARGIN OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 (DUWAMISH WATERWAY); LYING 50UMDt1Y OF THE HEREINAFTER DESCRIBED 'LINE A', AND LYING NORTHERLY OF THE HEROIAFTER DESCRIBED 'UNE B': LINE An BEGINMNG ON THE WLS■tRLY MARGIN OF EAST MARGINAL WAY SOUTH, WHICH POINT BEARS NORTH 89' 15' 54' WEST A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAIM UNE MID SOUTH 2S 40' 59' EAST A DISTANCE OF 648.77 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE UNE BETWEEN THE DONATION CLAMS OF FRANCS MCNATT AND HEMP( VAN ASSETS WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORM, RANGE 4 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON; RUNNING THENCE WEST A DISTANCE OF 1574.72 FEET TO THE EAST UNE OF COMMERCIAL WATERWAY DISTRICT NO. 1; THENCE SOUTH 15' 00' 00' EAST ALONG SAID EASTERLY UNE A DISTANCE OF 237.76 FEET TO THE TRUE PONT OF BEGINNING OF SAID 'UNE 0'; THENCE EAST A DISTANCE OF 1053.10 FEET; THENCE SOUTH 23 02' 00' EAST A DISTANCE OF 46.03 FEET: THENCE EAST A DISTANCE OF 561.38 FEET TO THE WISILtAY MARGIN OF EAST MARGINAL WAY SOUTH AND THE TERMINUS OF SAID 'LINE A'; LINE S: BEGINMNG ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AT A POINT WITCH BEARS NORTH 89' 15' 54' WEST A DISTANCE OF 2410,01 FEET ALONG THE DONATION CLAIM UNE AND SOUTH 23 40' 59' EAST A DISTANCE OF 1374.17 FEET ALONG THE WLSITRLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE UNE BE1WEO4 THE DONATION CLAIMS OF FRANCS MCNATT AND HENRY VAN ASSELT WITH THE EAST UNE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID POINT BEING AT THE INTERSECTION OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH WITH THE NORTH UNE OF VAN DE VANTER STOCK FARM TRACT AND THE TRUE POINT OF BEGINNING OF SAID 'UNE 8'; THENCE NORTH 89' 27' 50' WEST A DISTANCE OF 14 94 FEET; THENCE NORTH 86' 54' 59" WEST A DISTANCE OF 486.97 FEET; THENCE NORM 84' 17' DI' WEST A DISTANCE OF 117,00 FEET: THENCE SOUTH 8S ST 56' WEST A DISTANCE OF 11900 FEET, THENCE SOUTH 77 40' 29' WEST A DISTANCE OF 110.173 FEET; THENCE SOUTH Dr 33' AO' WEST A DISTANCE OF 840.02 FEET, TO THE EASTERLY LINE OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 AND THE TERMINUS OF SAID 'UNE B'; TOGETHER WITH THE RIGHT TO CROSS THE PARCEL CONVEYED TO GREAT NORTHERN RAILWAY COMPANY AS RESERVED IN DEED RECORDED UNDER RECORDING NUMBER 4784818. SITUATE IN THE DIY OF TUKWILA COUNTY OF NOG. STATE OF WASHINGTON. LEGAL DESCRIPTION (NEW) (BEARINGS ROTATED TO CURRENT BASS OF BEARINGS) THAT PORTION OF TRACTS I AND 2 OF THE MEADOWS, ACCORDING TO THE PARTITION MAP OF PART OF THE FRANCIS MCNATT DONATION LAND CLAW NO. 38 FRED W KING COUNTY SUPERIOR COURT CAUSE NUMBER 120091, MID OF THE ABANDONED BED OF THE DUWAMISH RMR, ALL LOCATED IN SECTION 33, TOWNSHIP 24 NORTH. RANGE 4 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON. AND ALL LYING WESTERLY OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND ALSO WESTERLY OF THE PARCEL OF LAND ADJOINING EAST MARGINAL WAY WHICH WAS CONVEYED TO GREAT NORTHERN RAILWAY COMPANY BY DEED RECORDED UNDER RECORDING NUMBER 4784818; LYING EASTERLY OF THE EASTERLY MARGIN OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY .DISTRICT NO. I (DUWAMISH WATERWAY); LYING SOUTHERLY OF THE HEREINAFTER DESCRIBED 'TINE A'; AND LYING NORTHERLY OF THE HEREINAFTER DESCRIBED 'UNE S LINE An COMMENCING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH, WHICH POINT BEARS NORTH 8807'02' WEST. A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAIM UNE AND SOUTH 273707' EAST, A DISTANCE OF 648.77 FEET ALONG THE WESTERLY ILARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE UNE BETYIEEN THE DONATION CLAIMS OF FRANCS MCNATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST. WILLAMETTE MERIDIAN, N KING COUNTY, WASHNGTON; RUNNING THENCE SOUTH 8851 'DB' WEST, A DISTANCE GF 1574.72 FEET TO ME EAST UNE OF COMMERCIAL WATERWAY DISTRICT NO. 1; THENCE SOUTH 14'0700' EAST, ALONG SAD EASTERLY ONE A DISTANCE OF 237.76 FEET TO THE POINT OF BEGINMNG OF SAID 'UNE A'; THENCE SOUTH 8851'08' EAST, A DISTANCE OF 1058.10 FEET; THENCE SOUTH 271728' EAST, A DISTANCE OF 46.01 FEET; THENCE SOUTH 88508' EAST, A DISTANCE OF 54282 FEET TO THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND THE TERMINUS OF SAID 'UNE A'; LINE B: COMMENCING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AT A PONT WHICH BEARS NORTH 8807'02" WEST, 2470.01 FEET ALONG THE DONATION CLAIM UNE AND SOUTH 273207' EAST, 1374.17 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE UNE BETWEEN THE DONATION CLAIMS OF FRANCIS MCNATT AND HENRY VAN ASSELT WITH THE EAST UNE OF SECTION 33. TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID POINT BEING AT THE INTERSECTION OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH WITH THE NORTH UNE OF VAN DE %I NTER STOCK FARM TRACT AND THE POINT OF BEGINNING OF SAID 'LINE B'; TIIENDE NORM 8818 WEST A DISTANCE OF 14.95 FEET THENCE NORTH 85'46'07' WEST A DISTANCE OF 486.97 FEET; THENCE NORTH 83'08'12' WEST A DISTANCE OF 117.00 FEET: THENCE SOUTH 850748' WEST A DISTANCE OF 119.00 FEET, THENCE SOUTH 71'49'21' WEST A DISTANCE OF 110.17 FEET THENCE SOUTH 674732' WEST A DISTANCE OF 842.28 FEET. TO THE EASTERLY UNE OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 AND THE TERMINUS CF SAID 'UNE B'; TOGETHER WITH THE RIGHT TO CROSS THE PARCEL CONVEYED TO GREAT NORTHERN RAILWAY COMPANY AS RESERVED IN DEED RECORDED UNDER RECORDING NUMBER 4784818. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING. STATE OF WASHINGTON. LOT 1 THAT PORTION OF THE ABOVE LANG WEST OF THE FOLLOWING "UNE C "; COMMENCING AT THE AFORESAID PONT OF BEGINNING OF SAID 'UNE A': THENCE SOUTH 8851'08' EAST, A DISTANCE O 772.68 FEET TO THE PONT OF BEGINNING; THENCE SOUTH 0050'26' FAST, 445.25 FEET TO ABOVE - MENTIONED LNE B' AND THE POT OF MUMS. LOT 2 THAT PORTION OF THE ABOVE LYING EAST OF THE FOLLOWING 'LINE C'; COMMENCING AT THE AFORESAID POINT OF BEGINNING O SAID 'UNE A"; THENCE SOUTH 8851'08' EAST, A DISTANCE OF 772.68 FEET TO THE POINT CF BEGINNING; THENCE SOUTH 0050'26' EAST, 44525 FEET TO ABOVE - MENTIONED 'UNE B' AND THE POOR O TERMINUS. LAND SURVEYOR'S CER1IF1CATE: L Wilt= R. Walanan, rryetmed as o land surer., by the Stale of Washington certify that this plat is based on an actual army of the And described herein, conducted by no or ender no superheat Mat Its delances, courses and angles are Nom thereon correctly, and that No monuments other than Mop no umnrM Taped for totting at a bier dote. None been set and lot comer. staked on the ;rand as depicted On One Oa YILLWI R. WORKMAN Professional Land Surveyor Washington Registration No. 41298 Dote 18215 72140 AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX te' ` SMNLYSO 1f SONO= VULUMD VAtit URBAN SHORELINE STANDARDS• 1. BUILDING SETBACK - 50 FEET 2 OUTSIDE STORAGE SETBACK - 20 FEET 3 PARKING - BENEATH OR LANDWARD OF THE USE IT SERVES (VARIANCE REQUIRED) 4 VEGETATION BUFFER - NONE 5 LANDSCAPING SCREEN /BUFFER FOR PARONG - 5 FEET 6 MAXIMUM BUILDING HEIGHT - 35 FEET 'ALL SETBACKS TO BE MEASURED FROM THE ORDINARY HIGH WATER MARK OF THE DUWAMISH WATERWAY VICINITY MAP SITE DATA 1 TAX PARCEL NO.: 542260-0010 2 SITE ADDRESS: 9229 EAST MARGINAL WAY 3 ZONING: MIC /H (MANUFACTURING INDUSTRIAL CENTER /HEAVY INDUSTRIAL) 4 COMPREHENSIVE PLAN: MIC /H 5 EXISTING USE ENMRONMENTAL REMEDIATON / UNUSED DEVELOPED SITE 6 PROPOSED USE: OUTDOOR STORAGE AND WAREHOUSE 7. BUILDING SETBACK: FROM -20 FEET, SIDE -0 FEET, REAR-0 FEET HORIZONTAL DATUM - BASIS OF BEARINGS NORTH AMERICAN DATUM OF 1927 NAD -27 WASHINGTON STATE PLANE COORDINATE SYSTEM - NORTH ZONE THE MONUMENTED OFFSET CENTERUNE OF EAST MARGINAL WAY TAKEN AS North 273701' West, PER Book 72, of Surveys, Poge 222, KING COUNTY RECORDS. VERTICAL DATUM - BASIS OF ELEVATIONS NATIONAL GEODETIC VERTICAL DATUM OF 1929 NOVD -29 ORIGINAL PROJECT BENCHMARK FROM 1008 SURVEY BY BARGHAUSEN CONSULTING 2' BRASS DISK SURFACE MONUMENT ON EAST SIDE OF 102nd St. BRIDGE BITE BENCHMARK e (SEE OF MANGAL SET ON WEST SIDE OF EAST MARCINA� / ^ $E E DRAWING) ELEVATION - 17.91 FEET SEA � ^5 M AN' 1 RECORD OF 3UR�� PORTION of the F. McNATT Donation Land Claim No. 38, In the South 1/2 of SECTION 33 Township 24 North, Range 4 East, Willamette Meridian City of TUKWILA KING County State of WASHINGTON SHEET 2 OF 2 ..._ , FOR DAVIS PROPERTY a INVESTMENT P.O. Box 1043 Kent, WA 98035 -1043 . 8 SHORT PLAT NO. 750 0 \A City of Tukwila Department of Community Development 8300 Soutlwenter Boulevarl, Tukwila. WA 98169 Telephone (206) 4313970 FAX (209) 4314665 E�71a0: tukplanetukwIla.wa.us 0: MA i 6�IAY A \ COMO A x a . cc B � Ia' jE WA,lO N 1'08 -L - I I CREEK O I CIN I/ IVIL_I \1 \IL.L. CREEK �1 VL. VII V \1 L.L.V 5F:01 L. MARGINAL. V/'1L. W A ' , ' I �...� In I r1i\ L.V I NC. 542260-0 05C: Sei7t1 6422 15 10' WIDE 0008800 EASEMENT REC. N0. 2718188 56506 619 48 THE caI I:VLI J ' �VIVI� niv 972 _ iviAi .?iNAL. Yrrl i ... I ^T nu^ 1,":? ' ) ( 1 77 18215 7280 AVENUE SOUTH KENT, WA 980.72 (425)251 -8222 k , (425)251 -8782 FAX CM 60583083m. LAM nMeOW. SVIYE118 WA00GOrt. SERWE1 50' WIDE CONSTRUCTION EASEMENT REC. N0. 9509180955 s221D'78t 48.03 117.00. O8t 542.62' 98•46 07 486.87 080 1a' 14.95 RECEIVED SrP 1 ':. 2N5 commumrY DEVELOPME RECORD VOLUME PAGE \ 0 100 200 1=002 ClIM.0=0122 BCALEI 1 400 1"9 PE I' 0 P ill! s1 iire i 444 Ri l 5Q R N ag a fi X# o g to Ili! t �; a I A 2£U asaa A A A A 1 11A ggi m rn C � rn upII&fi . gi�iss' r f � � P 7I plop g£ a 3 i rr t� ?�lCiii j �a p �. F x, '4$4 / }� aa,via ; 11g 1 vort i 4 Miff 4 ii:1 1 411 I ! l c9 E � 111f[I i T ;� 1; g t# :e ! ; I/411N i ili ¢ ;11 ;1 CCE E _ j [ 1 [ 4 § Hy y � + r i ( :} TWI f r - .ap : }1 '131 paw .!ifirtd idle; vi rn • Goldin 10285 b at 18215 721O AVENUE 501.8H ENT, WA 88232 (425)251 -6222 (425)251 -8782 FAX • alt 12011 014 441014. sm6nc. n6nm11mlw 9m11:£5 Far DAVIS PROPERTY AND INVES M1NT PO BOX 1043 KENT, WAEHNCiTON 98005 -1043 The COVER SHEET DAVIS PROPERTY AND INVE3 MENT w .\r0E0u \Io[m\.9 \I6]m.16q oE./fm. O9/OI /1000 DEN S*. 1.60 ENG.. un L16M1-4.M-6111765- 5110265 -E. T•40' CALL. BEFORE YOU DIO H100-424-5555 '^. amy .a, PRELIMINARY GRADING AND STORM DRAINAGE PLAN COMA 4e a tow N4T8'1 71. '17 em ela � 01211. � PO Mal am a 4r am It mum TM 2 ODOM a' 10 LEGEND o- n.l + aau 'f +. Oar IMO {0 ow awoas ava alu w 60111 WO MOW 40 WY. ONO { mae aael ma ua ima MU a — 110106 MOO= a0 lemon — Ha')— Doll 0/0100 O F �— DO Mt NM ME MO — 10:0 / /�— emo ,0la f0e51ro52 54727 sir la' ,4.05' RECEIVED SEP COIb71e:�N� i 1 DEVELOPMEN 14.4 14 tflU , FV: ROME 0 8 S 3 d i oa.epycsm0000e ,,, §44,1 P WWI a 011 m 0 Iof m z 10265 C3, 4_ 18215 77949 AYEMIE SOUTH KENT. WA 98032 (425)251-8222 (425)251 -8782 FM CM. AOmOIf WD HMIM SAMOA OMOM M I. 59445 A/6 For DAVIS PROPERTY AND INVESTMEN 110, e lm PRELIMINARY GRADING Alm PO BOX 1043 STORM DRAINAGE PLAN KENT, WASHINGTON 9110351043 - 15.1. 1 0/ I P. W. nor PAM.. /1”6.,,,..114,10.76, 00/F.,. 0471 /104+ 1241 50. 1_40 5.&04707 4400 270265 1210165 010265 5210565.11. Project: 10265 Parcel name: LOT 1 Parcel Map Check North: 193162.4743 Line Course: S 71 -49 -21 W North: 193161.9221 Line Course: S 62 -42 -32 W North: 192775.7269 Line Course: N 14 -00 -00 W North: 193626.8218 Line Course: S 88 -51 -08 E North: 193607.6706 Line Course: S 00 -50 -26 E North: 193162.4685 Perimeter: 3122.52 • RECEIVED SEP 1.s COMMUNITY DEVELOPMENT East : 1637311.4710 Length: 1.77 East : 1637309.7894 Length: 842.28 East : 1636561.2649 Length: 877.15 East : 1636349.0631 Length: 956.07 East : 1637304.9413 Length: 445.25 East : 1637311.4731 Area: 572,881 sq. ft. 13.152 acres Kapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0061 Course: S 19 -34 -09 E 'Error North: - 0.00578 East : 0.00205 Precision 1: 511,888.52 page 1 Fri August 26 14:53:57 2005 Parcel name: LOT 2 Project: 10265 Fri August 26 14:54:01 2005 Parcel Map Check North: 193156.0766 Line Course: N 88 -18 -58 W North: 193156.5159 Line Course: N 85 -46 -07 W North: 193192.4468 Line Course: N 83 -08 -12 W North: 193206.4285 Line Course: S 85 -06 -48 W North: 193196.2915 Line Course: S 71 -49 -21 W North: 193162.4748 Line Course: N 00 -50 -26 W North: 193607.6769 Line Course: S 88 -51 -08 E North: 193605.6331 Line Course: S 22 -10 -28 E North: 193563.0075 Line Course: S 88 -51 -08 E North: 193552.1342 Line Course: S 22 -32 -07 E North: 193270.2751 Line Course: S 30 -33 -07 E North: 193165.2986 Line Course: S 22 -32 -07 E North: 193156.0807 • East : 1638149.7731 Length: 14.95 East : 1638134.8296 Length: 486.97 East : 1637649.1869 Length: 117.00 East : 1637533.0254 Length: 119.00 East : 1637414.4579 Length: 108.40 East : 1637311.4676 Length: 445.25 East : 1637304.9359 Length: 102.03 East : 1637406.9454 Length: 46.03 East : 1637424.3184 Length: 542.82 East : 1637967.0295 Length: 305.16 East : 1638083.9827 Length: 121.90 East : 1638145.9468 Length: 9.98 East : 1638149.7717 Perimeter: 2419.48 Area: 281,732 sq. ft. 6.468 acres Kapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0043 Course: N 19 -12 -20 W Error North: 0.00403 East : - 0.00140 Precision 1: 562,672.09 page 1 4 I S CLOV S 91st ST S 92nd ST S 93rd ST S 95th ST Sg6th VICINITY MAP I alb • S SHORT PLAT NARRATIVE Davis Property and Investment 9229 East Marginal Way South, Tukwila, Washington Prepared by: Barghausen Consulting Engineers, Inc. September 2005 Our Job No. 10265 RPC ElvEO �. 1 << 2O, LC ,v1 DE VEL OPM EN T A short plat (or short subdivision) is the division of property into nine (9) or fewer lots. City review is required to ensure that development and infrastructure requirements are satisfied, the action is consistent with the Tukwila Comprehensive Plan, and the plat is properly recorded. (TMC 17.12.020.C) CRITERIA FOR PRELIMINARY APPROVAL OF SHORT PLATS: The Short Subdivision Committee shall base its decision on an application on the following criteria: 1. The proposed Short plat is in conformance with the Tukwila Comprehensive Plan and any other such adopted plans. Response: The proposed short plat complies with the Comprehensive Plan in that it provides lots that are of sufficient size to be developed with industrial uses consistent with the underlying zone as well as the Comprehensive Plan. Depicted on the short plat map are setbacks from the shoreline of the Duwamish Waterway, which will protect the waterway from encroachments of future buildings or development activities that would otherwise be prohibited by City codes. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the short plat, which are consistent with current standards and plans. Response: Water, storm drainage, and sanitary sewage facilities are available to both lots of the short plat from existing utility lines onsite serving existing buildings. With demolition and reconstruction activities to be conducted on Lots 1 and 2, erosion control measures consistent with City standards will be installed and maintained throughout the life of the construction. Temporary Sediment and Erosion Control Plans as well as development plans have been submitted under separate cover for Administrative Design Review and Shoreline Substantial Development Permit applications (City File Nos: L05 -055, L05 -050, L05 -051, and E05 -011). 3. Appropriate provisions have been made for road, utilities and other improvements, which are consistent with current standards and plans. Response: Provisions for road and other improvements consistent with City standards will be prepared with development applications for proposed Lots 1 and 2. A new roadway is not proposed; however, if required, improvements to East Marginal Way South will be completed upon site development activities on the proposed lots. 10265.009.doc [IH/pj] t • S 4. Appropriate provisions have been made for dedications, easements and reservations. Response: Dedications, easements, and reservations will be provided upon site development. Site development as proposed is consistent with the plans submitted with the permits noted above. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. Response: The short plat as proposed consists of two lots that are suitable in size, orientation, and shape to be developed with industrial, warehousing, and storage uses. The proposed uses are consistent with the surrounding area and the industrial zone in which the site is located. 6. Appropriate provisions for the maintenance of commonly owned private facilities have been made. Response: Maintenance convenants for privately owned facilities will be established upon the development of the subject properties. 7. The short plat complies with the relevant requirements of the Tukwila Zoning Ordinance and other relevant local regulations. Response: The short plat as proposed complies with the zoning requirements with respect to building setbacks from East Marginal Way South as well as the shoreline of the Duwamish Waterway. The lot size and orientation is consistent with the zoning - allowed uses. Landscaping for future uses will be provided consistent with zoning subject to review by the City with the individual site development and/or Building Permits for those uses. Nothing shown on the proposed short plat precludes any future development from meeting the requirements of the Tukwila Zoning Ordinance and other relevant local regulations. -2- 10265.009.doc [IH/pj] Project Name: Davis Property & Investment August 31, 2005 WRWfjss 10265L.003.doc LEGAL DESCRIPTION • RECEIVED SEP 1 2-.. INGRESS /EGRESS AND UTILITIES EASEMENT Ct.. D EVEWNIYIL I , An Ingress/Egress and Utilities Easement over, under, and across the following described land: That portion of Tracts 1 and 2 of The Meadows, according to the partition map of part of the Francis McNatt Donation Land Claim No. 38 filed in King County Superior Court Cause No. 120091, and of the abandoned bed of the Duwamish River, all located in Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, and all lying Westerly of the Westerly margin of East Marginal Way South and also Westerly of the parcel of land adjoining East Marginal Way which was conveyed to Great Northern Railway Company by Deed recorded under Recording No. 4784818; lying Easterly of the Easterly margin of the right -of -way of Commercial Waterway District No. 1 (Duwamish Waterway); lying Southerly of the hereinafter described "Line A "; lying Northerly of the hereinafter described "Line B ", and lying Easterly of the hereinafter described "Line C ". Line A: COMMENCING on the Westerly margin of East Marginal Way South, which point bears North 88° 07' 02" West a distance of 2470.01 feet along the Donation Claim Line and South 22° 32' 07" East a distance of 648.77 feet along the Westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the East line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington; RUNNING THENCE South 88° 51' 08" West, a distance of 1574.72 feet to the East line of Commercial Waterway District No. 1; THENCE South 14° 00' 00" East along said Easterly line, a distance of 237.76 feet to the POINT OF BEGINNING of said "Line A "; THENCE South 88° 51' 08" East, a distance of 1058.10 feet; THENCE South 22° 10' 28" East, a distance of 46.03 feet; THENCE South 88° 51' 08" East, a distance of 542.82 feet to the Westerly margin of East Marginal Way South and the terminus of said "Line A "; Line B: COMMENCING on the Westerly margin of East Marginal Way South at a point which bears North 88° 07' 02" West, a distance of 2470.01 feet along the Donation Claim Line and South 22 ° 32' 07" East a distance of 1374.17 feet along the Westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the East line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, said point being at the intersection of the Westerly margin of East Marginal Way South with the North line of Van De Vanter Stock Farm Tract and the POINT OF BEGINNING of said "Line B "; THENCE North 88° 18' 58" West, a distance of 14.95 feet; THENCE North 85° 46' 07" West, a distance of 486.97 feet; Page 1 of 2 • • THENCE North 83° 08' 12" West, a distance of 117.00 feet; THENCE South 85° 06' 48" West, a distance of 119.00 feet; THENCE South 71° 49' 21" West, a distance of 110.17 feet; THENCE South 62° 42' 32" West, a distance of 842.28 feet to the Easterly line of the right -of -way of Commercial Waterway District No. 1 and the terminus of said "Line B ". Line C: COMMENCING at the aforesaid POINT OF BEGINNING of said "Line A "; THENCE South 88° 51' 08" East, a distance of 772.68 feet to the POINT OF BEGINNING of said "Line C "; THENCE South 00° 50' 26" East, 445.25 feet to the above - mentioned "Line B" and the POINT OF TERMINUS. Being a strip of land, 30 feet in width, lying 15.00 feet on each side of the following described centerline: COMMENCING at the Northeast corner of said property; THENCE South 22° 32' 07" East, 21.84 feet along the West right -of -way line of East Marginal Way to the POINT OF BEGINNING; THENCE North 88° 51' 08" West, 669.68 feet to the terminus. The sidelines of said easement shall be shortened or lengthened as necessary to intersect at the Easterly and Westerly boundaries of said property. Situate in the City of Tukwila, County of King, State of Washington. Project Name: Davis Property & Investment August 31, 2005 WRWTjss 10265L.003.doc Page 2 of 2 WO"? Z • PROPOSED LOT 1 — 30' INGRESS /EGRESS & UTILITY EASEMENT \ v \ SCALE: 1' =200' File: P: \10000s \10265 \survey \10265EX2.dwg Date /Time: 08/31/2005 10:52 Scale: 1 =200 sflink Xrefs: Job Number 10265 Sheet 1 of 1 Drown SRF Checked W Dote 8/30/05 1%60 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX a FNa 10fr. CIVIL ENGINEERING. LAND PLANNING. SURVEYING. ENVIRONMENTAL SERVICES Title: DAVIS PROPERTY & INVESTMENT INGRESS/ EGRESS & UTILITY EASEMENT EXHIBIT 6064204 mm called "Monsanto," end rArI!rlt: monsanto company pacific car and foundry company tlon organized end exlstInv under the laws of the :tats of :Washington, hereinafter called "Feciflc "; WTTNE..' F.TH: WMF EA3, on the 13th day of May, 1i�3 the part :to aforesaid entered into an agreement relating, to the ^.or.straction, maintenance and use of a joint sewer lire on trooert•i ire- :wre: :;by Monsanto which was to serve both the Kenwort` Motor �.• :-� •.Company Division of Pacific and the Monsanto plant, "cattle, : :Washington, which agreement was filed With the . %diter of a:rq ;:County, Washington under Auditor's f :le.ffo, �. and WHEREAS, pursuant to the tees and ;roe, :3tors of twat certain agreement dated f;1 , l between :'cr.3ar. a • and Pacific, Monsanto is now conveync to Pacific certain lands in King County, Washington, including ti land or. which tie line was constructed, and WHEREAS, Pacific and Monsanto consider It advartareoss ii 4 to continue to participate jointly in the maintenance and . :se of said joint sewer line for the common use and benefit of Pac_':: Vi and Monsanto, NOW, THEREFORE, in consideration of the premises and of the promises and agreements hereinafter contained, the parties. h hereto agree as follows: AuG 3-196 HUD BY PIM t _- , RECEIVED , SEP 1 42(:25 e e n r r, . r ,. , „ COMMUNITY EVELOPMENT 1 Tian IMEMIWE. made and entered into es 'If t.Moi • r I t . , I I 1 L„ A,toai sheets Beginning at a point on the westerly line of Fast Marginal Way south which point nears north '' 1 91L" west 2 feet along the north line of said donation claim and south 40' °n" east feet along the westerly line of East "arninel Way South, from the tntercection of the line between the donation claims of Francis WcNett and Ferri ''an Asselt with the east line of said "ectton l ?; thence west 577.52 feet; thence south at right anr•lcs thereto 12.0C feet; thence east 577. feet to the westerly line of Fast Marginal !:ay south.; thence north a3 40' 5n" west alone sold westerly line 13.10 feet to the point of berinnlnr, ?XfEFTI:IG therefrom that portion of the above described stria of land which lies within the Melts of that certain tract of land heretofore conveyed by Monsanto Chemi- cal Company to Oregon- Washington Railroad & Navigation Company, Great Northern Railway Corpan , ;furthers Pacific Railway Company and Chicago, 4'lwa —ee, St. Paul and Pacific Railroad Company by deed dated March 7, 1%7, recorded under auditor's File No. 4714819, records of King County, Washington; P''* INCLUDING, with respect to that portion of the atone •described strip of land which lies within t-e limits of the land excepted above, the rights reserved t_: Monsanto in said deed to cross said excepted lard with utility service lines in a ranr.er which will not obstruct the railroad uses of said excepted land. Approximate location of said Premises Is shown where enclosed by red lines on the drawing marked Exhibit A attached hereto as part hereof. 2. Joint Line. The underground sewer line, eight . 'inches in diameter and approximately 575 feet in length, to - gether with all necessary fixtures, equig rent and app• :rterences, as constructed pursuant to said agreement dated May 13, 1063, In and under the Premises Is hereinafter called the "Joint Line." 3. Permits. Each party shall at Its own expense take all reasonable action necessary to obtain and maintain in force and effect any required permit from the City of Seattle. Washing- H ton, or other public authority having jurisdiction to maintain AUG 3 - 196g FILED BY PUU1 • " • • 1. Premises. As used in this Agreement, "Premises" means the following described strip of land situated in. the County - of King and State of Washington, to -wit: A strip of land nniforrul.y In feet !n width in Francis McNatt Donation Clair 'lo. ?P In Cectlon 13,'�'ut1!I�T• p '�'" • ., described as r'ollows: -2- �� • connections of said Joint Line to the public in East Mar- ginal Way South to serve the requirements of the lands which will be owned by such party after the consummation of said agreement dated 3.4. ,2 7 . 1066. Each party shall pay to the City of Seattle the monthly basic sewerage utility charge, together with the.Metro surcharge, as fixed by ordinance of said City for property located outside the limits of said City, and any other service charges which may be applicable to such party's lands (after the consummation of said agreement dated "� 1 7 , 1 1966), or such party's use of the public sewers. . 4. Use and Operation of Joint Line. Each party shall jointly and equally own, and shall have full rights in and to the use and operation of the said Joint Line; provided, however, neither party shall use or operate said Joint Line to serve any lands of such party which are not part of the lands authorized to lbe served pursuant to applicable connection permits from the City Lot Seattle, Washington, or other necessary public authority having jurisdiction;. provided further, each party's use and operation of said Joint Line shall be with due regard to and without . unreasonably interfering with the use and operation of said Joint Line by the other party. 5. Lateral Sewers. Subject to the provisions of pars - 1 graph 4 above, ,each party, at its own cost, may construct on said Premises lateral sewers extending from its own lands and connect the same with said Joint Line in accordance with sound.engineering' and construction practices. Such lateral sewers shall be owned and maintained by the party constructing the same. 6. Maintenance of Joint Line. Pacific shall, on behalf and at the joint and equal cost and expense of itself and Monsanto repair, maintain and, if required, renew said Joint Line, and Monsanto shall pay to Pacific, promptly following receipt from FaiD YB maTi -3- r • the parttee hereto, or (b) solely because or eubetan -ee •lepos!te". 'V ! a . Into said Joint Line by one of.the parties hereto, qv -h party •shall gear all such maintenance, repair and /or renewal costs end :expenses. raclfic shall not be liable to Monsanto for, erl Monsanto hereby releases and dlsmnerves Pacifi c from., env loan. . demece, cost or expense muttered or incurred b•► iA aris'r,a out of the maintenance, repair or renewal of sail • "o' -t L' ^e h Pacific, er the ("allure or refusal of Pacific to repair, maintain ,.or renew said Joint Line. In the event Pacify 'hall fail or re fuse to make any necessary repairs, maintenance or renewals of said Joint Line, Monsanto may do so on behalf and at the 'mint and equal expense of itself and Pacific, and Pacific snail pay to Monsanto, promptly following, receipt of Monsanto's statement • therefor, one -half of all costs er' expenses 'neurr!d thereby. 7. Extensions Rs Joint Line. Prom time to time either party ray, at its own cost and expense, correct any other sewer of such party constructed by It under and along property west of said Premises, hereinafter called "Sewer Line Extension.," with . said Joint Line; provided, however, such party s: -all, prior to making such connection, obtain approval therefor of the ot'rer party (which approval shall not be unreasonably wi ^.f. ?eta) an/ such connection eh be made in accordance with s:”:n.i er.;lnee -ln: • and construction pra tices. Such ::ewer Lire ?xte -s: s::a:; not unreasonably tax the wpaclty of said Joint Line and shall not serve any lands of euchAlarty which are not part of the lands authorised to be served pu scent to a connection permit from the City of Seattle, Washington, d any other neeessary public \ f \ • time to time of'Pacific's statement therefor, one -half of all costs and expenses Incurred thereby as reflected on the hooks of Pacific; provided, however, that If meld Joint Line shall he damaged or destroyed (a) her.wiee of the sole nevl'vtnce or one of y AUG 3- 196 no BY Mai • • V. authority having Jurisdiction. Such Sewer Line Extension shall' be owned, used and maintained solely by and at the coat and ex- pense of the party constructing the same; provided, h r, that upon the payment by the other party to the constructing party of vim one -half of the cost and expense of oonetruoting and connecting ti wr such Sewer Line Extension, less the then accrued depreciation, as reflected on the books of said constructing party (advice as to the amount of which payment shell be furnished in advance by the constructing party to the other party upon request), such Sewer Line Extension shall automatically be deemed to be owned Jointly and equally by the parties hereto and thereafter all rights, easements and obligations of the parties under this Agreement with respect to the Joint Line. including provisions relating to use, operation, connections, maintenance, repairs and renewals, shall apply to said Sewer. Line Extension, and such Extension shall thenceforth be considered as part of the Joint Line as such term is defined herein, and the definition of "Premises" contained in paragraph 1 of this Agreement shall be amended to include an additional strip of land, twelve feet (12') in width, lying six feet on each -side of the center line of such Sewer Line Extension. 8. Easement to Monsanto. Subject to the terms, cove - nants, reservations and conditions of this Agreement, and to the extent that such grant shall not at any time interfere with the ;;maintenance, repair, use, operation or renewal of said Joint Line. Pacific grants to Monsanto, but without any warranty express or implied, a nonexclusive easement, in common with Pacific, to con - I1 p struot, maintain, operate, use, repair and renew said Joint Line !■ and an underground sewer or sewers, together with all necessary fixtures, equipment and appurtenances, in, under and through said rr I -5- I it "- _ -""" - - • : • • ;1 Premises, Said easement is granted -subject to any and all exist - ing restrictions, Ilene or encumbrances, or existing rights or interests of any third persona or parties, in, to, or affecting any of said Premises, whether or not of record. Pacific, for itself, its successors, assigns, grantees, lessees and licensees, e4 reserves and excepts from this easement, the right to use, occupy, poesesa and enjoy any of anti Premises for any purpose and In any manner whatsoever which does not unreasonably Interfere with the easement herein granted to Monsanto. Pacific also reserves and excepts all right, title and interest In and to Bawl Premises except as specifically herein granted to Monsen:n. Monsanto shall, promptly following the completion of any work In conne:tlon with said sewers, restore the surface of acid Premises affected thereby to substantially its former condition and leave the sane in a neat and orderly manner. Except with re, e:t to t -e main- tenance, operation, use, repair, or renewal of the Joint Line, Monsanto shall indemnity and hold harmless Pacific from and against any and all liability, claims., sults,.judgments, damages, losses, coats and expenses caused by or connected with Monsanto's exercise or purported exercise of the easement granted hereby, or of any act, omission or neglect of Monsanto, Its employes, agents or con - tractors,-in maintaining, operating, using, repairing, renewing or removing said sewer or sewers (except the Joint Line) or any part thereof, unless caused by the sole negligence of Pacific, its employes, agents or contractors, 9. Relocation. It, in the opinion of Pacific, said Joint Line or any sewers of Monsanto constructed under this Agreement shall at any time interfere with the development of Pacific's property or plant, Pacific shall have the right, at Its own cost and expense, to relocate, alter or adjust said Lino -6- •■ -. • . or sewers or any part thereof on said Premises, or onto other lands owned or provided by Pacific as shall he a reasonable and • adequate location for such of said Joint Line or sewers of Mon.: sante, to be relocated. 10. Termination of Prior Agreement. This Agreement replaces andsubetitutee for the.eforensid agreement of May. 11, !! 19. end all rights, privileges and •eeementr conveyed hy said 65 agreement are hereby terminated. 7 11. Assignment - Term - Waiver. This Agreement and all the terms and provisions hereof snail inure to the tenefit of and be binding upon each of the parties nereto and their respective auccessore and assigns; provided, rowever, no right of either party shall be transferred or assigned, eitner voluntarily or involuntarily, without the prior written consent of the other party; except that each party may, without such consent, assign or transfer this Agreement or any interest therein, In whole or in part, to one or more subsidiary, affiliated or joint venture • companies of such party or to such party's successor, on cordition that such subsidiary, affiliated, joint venture company or suc- cessor assumes and agrees to be bound by all of the duties, liabilities and obligations of the assigning or transferring party under this Agreement. Any such transfer or assignment shall not, however, relieve the assigning or transferring party of any of its duties, liabilities or obligations under this Agreement, and such party shall promptly provide the other party with an executed copy of any such transfer or assignment. This Agreement shall continue in effect until the use of said Premises for said Joint Line shall be abandoned by both parties. Hither party hereto may waive any defuult under this Agreement -7- • • • • ' A rrtrv i . —1 1;;;; -)41••• ATTrnr: ''''' re • • , - -: Isi 1 , ,..! r . : •.;* I% • . , -..... • • :7 LI v - 7. Inri4 -.• — ,..___...— p ___ ... ., ..„. . .. .1 t.. 1 rl 7 1):' : - ..7 • ;• • . - . • .. _ ....•••■■ 9807130818 After Recording Mail To: • KEYBANK NATIONAL ASSOCIATION Washington Corporate Banking Mailcode WA- 31- 105871 700 Fifth Avenue, 48th Floor Seattle, WA 98104 -0090 Attn: Steven J. Barker Loan Nos. 3113556721 -9001 and 3113556721 -9002 OOtirCO S?e'C9 DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT (FIXTURE FILING) CHICAGO TITLE INS. CO. REF# 'tV472 4, li I on a8 GRANTOR: CONTAINER PROPERTIES L.L.C., a Washington limited liability company Coversheet Recording Information: GRANTEE: KEYBANK NATIONAL ASSOCIATION, a national banking association GRANTEE CHICAGO TITLE INSURANCE COMPANY (trustee) LEGAL Portions of Lots 1 -2, The Meadows Tracts, unrecorded DESCRIPTION The complete legal description is on Exhibit A. ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER: 542260-0010.01 THIS DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, AND SECURITY AGREEMENT ( "Dad of Trust") is made this 10th day of July, 1998, by Grantor, CONTAINER PROPERTIES LLC., a Washington limited liability company, ( "Borrower") whose mailing address is c/o NW Container Services, P.O. Box 1730, Sumner, WA 98390, attn. Mark W. Robison. The Trustee is CHICAGO TITLE INSURANCE COMPANY, whose mailing address is 1800 Columbia Center, 701 Fifth Avenue, Seattle, Washington 98104. The Beneficiary is KEYBANK NATIONAL - 1 . DEED OF TRUST • RECEIVED SEP 1 DEVELOPMENT OOMOAC • • ASSOCIATION, a national banking association, ( "Lender") whose mailing address is WA Corporate Banking, Mailcode WA- 31- ]0.4871, 700 Fifth Avenue, 48th Floor, Seattle, WA 98104 -0090. For purposes of Article 9 of the Uniform Commercial Code (RCW 62A.9), this Deed of Trust constitutes a Security Agreement with the Borrower being the Debtor and the Lender being the Secured Party. This Deed of Trust also constitutes a Financing Statement filed as a fixture filing pursuant to Article 9 of the Uniform Commercial Code, RCW 62A.9- 402(6). In consideration of the Loan described below, Borrower hereby irrevocably GRANTS. TRANSFERS. CONVEYS and ASSIGNS to Trustee, IN TRUST, WITH POWER OF SALE. all of Borrower's present and future estate. right, title, claim, and interest, either in law or in equity, in and to the following property ( "Property "): (a) The real property described on Exhibit A. all rights to the alleys, streets and roads adjoining or abutting the real property. all easements, access, air and development rights, minerals and oil, gas and other hydrocarbon substances, water, water rights and water stock, and all other rights, hereditaments, privileges, and appurtenances now or hereafter belonging or in any way appertaining to such real pmrerty ( "Land"). (b) All buildings, improvements and tenements now or hereafter located on the Land ( "Improannents "), including without limitation all fixtures and articles of pmpert• attached to, or used or adapted for use in the ownership, development, operation or maintenance of the Land and Improvements (whether such items are leased, owned. or subject to any title- retaining or security instrument); all heating, cooling, air - conditioning, ventilating, refrigerating, plumbing, generating, power, lighting, laundry, maintenance, incinerating, lifting, cleaning, fire prevention and extinguishing, security and access control, cooking, gas, electric and communication fixtures, equipment and apparatus; all engines, motors, conduits, pipes, pumps, tanks, ducts, compressors, boilers, water heaters and furnaces; all ranges, stoves, disposals, refrigerators and other appliances; all escalators and elevators, baths, sinks, all cabinets, partitions, mantels, built -in mirrors, window shades, blinds, screens, awnings, storm doors, windows and sash; all carpeting, underpadding. floor covering. panelling, and draperies; all furnishings of public spaces, halls and lobbies; and all shrubbery and plants. All such items shall be deemed part of the Land and not severable wholly or in part without material injury to the freehold. (c) All of the present and future rents, revenues, issues, profits and income of the land and Improvements, and all present and future leases and other agreements for the occupancy or use of all or any part of the Land and Improvements, including without limitation all cash or security deposits, advance rentals and deposits or payments of similar nature, and all guarantees of tenants' or occupants' performance under such leases and agreements. - 2 - DEED OF TRUST (d) All tangible and intangible personal property now or hereafter used or acquired in connection with the ownership, development, operation or maintenance of the Land and Improvements, including without limitation all furniture, furnishings, equipment, supplies, and other goods, wherever located whether in the possession of Borrower, warehousemen, bailee, or any other person; all site plans, plats, architectural plans, specifications, work drawings, surveys, engineering reports, test borings, market surveys, and other similar work products all permits, licenses, franchises, and trade names; all contract rights (including without limitation all architectural, construction, engineering, consulting, and management contracts, all insurance policies, and all performance, payment, completion and other surety bonds); and all claims, causes of action, warranties, accounts receivable, escrow accounts, insurance policies, deposits (including tax, insurance and other reserves), instruments, documents of title, general intangibles, and business records. (e) All present and future monetary deposits given to any public or private utility with respect to utility services furnished to the Land or the Improvements. (f) All proceeds (including claims and demands therefor) of the conversion. voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including without limitation the insurance proceeds and condemnation awards. (g) All proceeds of the foregoing. TO SECURE THE FOLLOWING ('Secured Obligations "): (1) Payment of the aggregate sum of FIVE MILLION SEVEN HUNDRED FIFTY THOUSAND and no /100 DOLLARS ($5,750,000), with interest thereon, according to the terms and provisions of two promissory notes ( "Note A" in the principal amount of 54,750,000 and "Note B" in the principal amount of S1,000,000, together the "Note") of even date, made by Borrower and payable to Lender. (2) Payment of all other sums which are or may become owing under the Loan Documents. • (3) Performance of all other obligations under the Loan Documents. (4) Any and all obligations of Borrower to Lender under or related to any Rate Swap Transaction entered into between Lender and Borrower, including without limitation any payments on Early Termination under any Swap Agreement or Confirmation. Capitalized terms used in this subsection (4) are defined in the 1991 1SDA Definitions, published by the International Swap Dealers Association Inc. As used herein, the term "Loan Documents" means Note A, Note B, this Deed of Trust, any Loan Agreement ( "Loan Agreement") between Lender and Borrower of even date herewith, all related documents and instruments (except the Indemnity Agreement), - 3 - DEED OF TRUST 1.1 Warranty of Title. Borrower warrants, represents, covenants and agrees as follows: (a) Borrower holds marketable title to the Property with the full right and power to grant, convey and assign the Property. (b) The Property is free from hens, encumbrances, exceptions and other charges of any kind whatsoever, except for the Permitted Exceptions. (c) No other lien Ur' encumbrance. whether superior or inferior to this Deed of Trust, shall be created or suffered to be created by Borrower without the prior written consent of Lender. (d) No default on the part of Borrower or any other person exists under any of the Permitted Exceptions and all of the Permitted Exceptions are in full force and effect and in good standing, without modification. (e) Complete and current copies of the Permitted Exceptions have been furnished to Lender, and none of them have been or will be modified by Borrower without Lender's prior written consent. (f) Borrower shall fully comply with all the terms of the Permitted Exceptions and shall deliver to Lender a copy of all notices delivered in connection with the Permitted Exceptions. (g) Lender has the right to contact the other parties to the Permitted Exceptions to confirm the status thereof, and Borrower shall, from time to time, at the request of Lender, request of such parties a certificate confirming such information regarding the Permitted Exceptions as Lender may request. (h) Borrower shall forever warrant and defend the Property unto Lender against all claims and demands of any other person whatsoever, subject only to non - delinquent taxes and assessments and the Permitted Exceptions. As used in this Deed of Trust, 'Permitted Exceptions" means the exceptions to title to the Property set out in Schedule B of the policy of title insurance issued to Lender with respect to this Deed of Trust 1.2 Non•Aericultural Use. Borrower represents and warrants to Lender that the Property is not used principally for agricultural or farming purposes. (a) Representations and Warranties. Borrower represents and warrants to Lender, to the best of its knowledge after due inquiry and inspection, and except as disclosed in the Administrative Order on Consent entered by the United States Environmental Protection Agency on May 6, 1993, U.S. EPA Docket No. 109141-20- 3006(h) (the "EPA Order") against Rhone- Poulenc, Inc„ and Rhone- Poulenc Specialty Chemicals, LP., that (i) no asbestos has ever been used in the construction, repair or maintenance of any Improvements; (ii) no Hazardous Substance is currently being generated, processed, stored, transported, handled or disposed of, on, under or in the - 4 - DEED OF TRUST oornouroro+ Property, except in accordance with all applicable laws, (iii) neither Borrower nor any other person or entity has ever caused or permitted any Hazardous Substance to be generated, processed, stored, transported handled or disposed of on or under the Property, except in compliance with all applicable laws, (iv) there is no actual or alleged violation with respect to the Property of any federal, state or local statute, ordinance, rule, regulation or other law relating to Hazardous Substances, and (v) there is no action or proceeding pending or threatened before or appealable from any court, quasi - judicial body or administrative agency relating to Hazardous Substances affecting or alleged to be affecting the Property. (b) Covenant. Borrower covenants and agrees that Hazardous Substances shall not be generated, processed, stored, transported, handled or disposed of on the Property by any person or entity, except in accordance with all applicable laws and the EPA Order. (c) Definition. "Hazardous Substance' means any substance which now or hereafter becomes regulated under any federal, state or local statute, ordinance, rule, regulation or other law relating to environmental protection contamination or cleanup. (d) Notification; Cleanup. Borrower shall immediately notify Lender if Borrower becomes aware of (i) any Hazardous Substance problem or liability with respect to the Property, (ii) any actual or alleged violation with respect to the Property of any federal, state or local statute, ordinance, rule, regulation or other law relating to Hazardous Substances, or (iii) any lien or action with respect to any of the foregoing. Borrower shall, at its sole expense, take all actions as may be necessary or advisable for the cleanup of Hazardous Substances with respect to the Property, including without limitation, all removal, containment and remedial actions in accordance with all applicable laws and in all events in a manner satisfactory to Lender, and shall further pay or cause to be paid all cleanup, administrative and enforcement costs of governmental agencies if obligated to do so by contract or by law. (e) Right of Entry. Lender is hereby authorized to enter the Property, including the interior of any structure, at reasonable times, and after reasonable notice, for the purpose of inspecting the Property to determine Borrower's compliance with this paragraph. ARTICLE II BORROWER'S COVENANTS 2.1 Payment and Performance of Secured Obligations. Borrower shall pay when due all sums which are now or which may become owing under the Note, and shall pay and perform all other Secured Obligations in accordance with their terms. - 5 - DEED OF TRUST • 2.2 Payment of Taxes, Utilities, Liens and Charges. (a) Taxes and Assessments. Except as the same may otherwise be paid under Article Ill, Borrower shall pay when due directly to the payee thereof all taxes and assessments (including without limitation, non- governmental levies or assessments such as maintenance charges, owner association dues or charges, or fees, levies or charges resulting from covenants, conditions or restrictions) levied, assessed or charged against or with respect to the Property or this Deed of Trust Upon request, Borrower shall promptly furnish to Lender all notices of amounts due under this subparagraph and all receipts evidencing such payments. (b) Utilities. Borrower shall pay when due all utility charges and assessments for services furnished the Property. (c) Labor and Materials. Borrower shall pay when due the claims of all persons supplying labor or materials to or in connection with the Property. (d) Liens and Charges. Borrower shall promptly discharge any lien, encumbrance, or other charge, whether superior or inferior to this Deed of Trust, which may be claimed against the Property; provided that Borrower shall have the right to contest the amount or validity in whole or In part of any lien, encumbrance or other charge against the Property by appropriate proceedings conducted in good faith and with due diligence, in which event Borrower, upon prior written notice to Lender, may postpone or defer payment of such lien, encumbrance or other charge so long as (i) such proceedings shall operate to prevent the collection of the lien, encumbrance or other charge; (ii) neither the Property nor any part thereof will, by reason of such postponement or deferment, be in danger of being forfeited or lost and (iii) Borrower, before the date such lien, encumbrance or other charge becomes delinquent, gives such reasonable security as may be requested by Lender to ensure payment thereof and prevent any forfeiture or loss of the Property or any part thereof. (e) Taxes. Assessments and Other Charges Imposed on Lender. If, at any time after the date of this Deed of Trust, any law is enacted or changed (including any interpretation thereof) which subjects Lender to any increase in any tax (except federal income taxes), assessment, or other charge, in any form measured by or based on any portion of the indebtedness secured by this Deed of Trust, Borrower shall pay such increased amount to Lender on demand; provided that if any such payment would be unlawful, Lender may declare all accrued interest and the entire principal ba lance of the Note immediately due and payable. (a) Coverages Required. Borrower shall keep the following insurance coverages in effect with respect to the Property: OOrMwCONrn 2.3 Insurance. - 6 - PEED OF TRUST • 00TIMMON I PM • (1) Insurance against Toss by fire and the hazards now or hereafter embraced by the standard "All Risk" form of insurance, in an amount equal at all times to the full insurable value of the improvements. All such insurance coverage shall contain a "replacement cost indorsement" without reduction for depreciation and shall also contain Toss of rents and /or business interruption insurance coverage, a fluctuating value indorsement with a waiver of the co-insurance clause (or an agreed amount indorsement with an inflation guard indorsement), and shall contain such other indorsements as Lender may reasonably inquest. All such indorsements shall be in form and substance satisfactory to Lender. (2) Comprehensive public liability insurance against claims for tx/dih injury. death or property damage occurring on, in or about the Property in amounts and on terms acceptable to the Lender. (3) Flood insurance in an amount satisfactory to Lender and on terms satisfactory to Lender if the Land is located in a designated flood hazard area. (9) Rental and /or business interruption insurance for a period of not Tess than twelve months in amounts and otherwise on terms satisfactory to Lender_ (5) Insurance against such similar or other hazards, casualties, Liabilities and contingencies, in such forms and amounts, as Lender may from time to time reasonably require. (h) Policies. Each insurance policy shall be with a company and in a form acceptable to Lender. Each hazard insurance policy shall include a Form 438BFU or 'equivalent mortgagee indorsement in favor of Lender. Each liability insurance policy shall name Lender as an additional insured. AU required policies will provide for at least ten (10) days written notice to Lender prior to the effective date of any cancellation or material amendment, which term shall include any reduction in the scope or limits of coverage. Borrower shall furnish to Lender the original of each required insurance policy, or a certified copy thereof together with a certificate of insurance setting forth the coverage, the limits of liability, the carrier, the policy number and the expiration date. As security for the Secured Obligations. Borrower hereby assigns to Lender all required insurance policies, together with all proceeds thereof, rights thereto and all unearned premiums returnable upon cancellation. (c) Payment: Renewals. Borrower shall promptly furnish to Lender all renewal notices relating to insurance policies. Except as the same may otherwise be paid under Article III, Borrower shall pay all premiums on insurance policies directly to the carrier. At least thirty (30) days prior to the expiration date of each such policy, Borrower shall furnish to Lender a renewal policy in a form acceptable to Lender, together with evidence that the renewal premium has been paid. - 7 - DEED OF TRUST • (J) Application of Insurance Proceeds. In the event of any loss. Borrower shall give prompt written notice thereof to the insurance carrier and Lender. Borrower hereby authorizes Lender as Borrower's attorney -in -fact to make proof of loss, to adjust and compromise any claim. to commence, appear in and prosecute, in Lender's or Borrower's name, any action relating to any claim, and to collect and receive insurance proceeds; eds; provided, however, that Lender shall have no obligation to do so. Lender shall apple anv insurance proceeds received by it hereunder first to the payment of the costs and expenses incurred in the collection of the proceeds and then, in its absolute discretion and without regard to the adequacy of Its security, lo: (1) The payment of the Secured Obligations, whether then due and payable or not. Any such application of proceeds to principal on the Note shall be without the imposition of any prepayment fee otherwise payable under the Note, but shall not extend or postpone the due dates of the installment payments under the Note, or change the amounts thereof; or (2) The reimbursement of Borrower, under Lender's prescribed disbursement control procedures. for the cost of restoration or repair of the Property. Lender may, at its option. condition the reimbursement on Lenders approval of the plans and specifications of the reconstruction, contractor's cost estimates, architect's certificates, waivers of liens, swum statements of mechanics and materialmen, and such other evidence of costs, percentage completion of construction, application of payments and satisfaction of Liens as Lender may reasonably require. Except to the extent that insurance proceeds are applied to payment of the Secured Obligations, nothing herein contained shall be deemed to excuse Borrower from restoring, repairing or maintaining the Property as provided in paragraph 2.4. regardless 4 whether or not there are insurance proceeds available or whether any such proceeds are sufficient in amount. (e) Transfer of Title. If the Property is sold pursuant to Article IX or if Lender otherwise acquires title to the Property, Lender shall have all of the right, title and interest of Borrower in and to any insurance policies and unearned premiums thereon and in and to the proceeds resulting frum any damage to the Property prior to such sale or acquisition. 2.4 Preservation and Maintenance of Property; Right of Entry. (a) Preservation and Maintenance. Borrower represents and warrants that the Improvements are free from damage causes: by fire or other casualty. Burrower shall (i) not commit or suffer any waste or permit any impairment or deterioration of the Property, (ii) not abandon the Property, (iii) restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Lender may approve in writing, in the event of any damage, injury nr Loss thereto, whether or not insurance proceeds are available to cover W � MN'CO,l10700 - 8 - DEED OF TRUST 00T(MACOMr10109 2.7 Condemnation. in whole or in part the costs of such restoration or repair, (iv) keep the Property, including improvements, fixtures, equipment, machinery and appliances thereon, in good condition and repair and shall replace fixtures, equipment, machinery and appliances of the Property when necessary to keep such items in good condition and repair, and (v) generally operate and maintain the Property in a commercially reasonable manner. (b) Alterations. None of the Improvements shall be structurally altered, removed or demolished, in whole or in part, without Lender's prior written consent, nor shall any fixture or chattel covered by this Deed of Trust and adapted to the use and enjoyment of the Property he removed at any time without like consent unless actually replaced by an article of equal suitability which is owned by Borrower free and clear of any lien or security interest. (c) Right of Entry. Lender is hereby authorized to enter the Property, including the interior of any structures, at reasonable times and after reasonable notice, for the purpose of inspecting the Property to determine Borrower's compliance with this paragraph. 23 Par dne. If any part of the automobile parking areas included within the Property is taken by condemnation, and before the parking areas are diminished for any other reason, Borrower shall take all actions as are necessary to provide parking facilities in kind, size and location to comply with all governmental zoning and other regulations and all leases. Before making any contract for substitute parking facilities, Borrower shall furnish to Lender satisfactory assurance of completion thereof free of liens and in conformity with all government zoning and other regulations. 2.6 Use of Property. Borrower represents and warrants to Lender that the Land, the Improvements, and their intended use by Borrower comply with all applicable restrictive covenants, zoning and subdivision laws, ordinances, regulations and legal requirements, building codes, flood disaster laws, applicable health and environmental laws and regulations and all other laws, ordinances, regulations, orders and legal requirements issued by any state, federal or municipal authority having or claiming jurisdiction over the Property. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all other covenants, condition% and restrictions applicable to the Property and its intended use, and pay all fees and charges in connection therewith. Unless required by applicable law or unless Lender has otherwise agreed in writing, Borrower shall not allow changes in the use for which all or any part of the Property was intended at the time this Deed of Trust was executed. Borrower shall not initiate or acquiesce in a change in the zoning classification of the Property without Lender's prior written consent. (a) Proceedings. Borrower shall promptly notify Lender of any action or proceeding relating to any condemnation or other taking (including without limitation - 9 - DEED OF TRUST • OO111AVCOM11a109 ■ any change in the grade of the Property), whether direct or indirect, of the Property or part thereof or interest therein, and Borrower shall appear in and prosecute any such action or proceeding unless otherwise directed by Lender in writing. Borrower authorizes Lender, at Lender's option, as attorney -in -fact for Borrower, to commence, appear in and prosecute, in Lender's or Borrower's name, any action or proceeding relating to any such condemnation or other taking, and to settle or compromise any claim in connection with such condemnation or other taking. All awards, payments, damages, direct. consequential and otherwise, claims, and proceeds thereof, in connection with any such condemnation or other taking, or for conveyances in lieu of condemnation, are hereby assigned to Lender, and all proceeds of any such awards, payments, damages or claims shall be paid to Lender. (b) Application of Condemnation Proceeds. Lender shall apply any such proceeds in the manner and upon the terms and conditions set forth in paragraph 2_1(d) relating to the application of insurance proceeds. 2.R Protection of Lender's Security. Borrower shall give notice to Lender of and shall appear m and defend any action or proceeding that may affect the Property, the interests of Lender or Trustee therein, or the rights or remedies of Lender or Trustee under the Loan Documents. If any such action or proceeding is commenced, or Borrower fails to perform any of the Secured Obligations, Lender or Trustee may, at their option, make any appearances, disburse any sums, make any entries upon the Property, and take any actions as may be necessary or desirable to (i) protect or enforce the security of this Deed of Trust, (ii) remedy Borrower's failure to perform the Secured Obligations (without waiving such default by Borrower), or (iii) otherwise protect Lender's or Trustee's interests. Borrower shall pay all losses, damages, fees, costs, and expenses incurred by Lender and Trustee in taking such actions: including without limitation reasonable legal fees. 2.9 Reimbursement of Lender's and Trustee's Expenses. All amounts disbursed by Lender and Trustee pursuant to paragraph 2.8 or any other provision of this Deed of Trust or the other Loan Documents, with interest thereon at the default rate provided in the Note from the date of disbursement until repaid, shall constitute a Secured Obligation. All such amounts shall be immediately due and payable and bear interest from the date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law. 2.10 Books and Records. Borrower shall keep and maintain at Borrower's address stated above, or such other place as Lender may approve in writing, books of account and records adequate to reflect correctly the results of operation of the Property and copies of all written contracts, leases and other documents affecting the Property. Such books, records, contracts, leases and other documents shall be subject to examination, inspection and copying at any reasonable time by Lender. Borrower shall furnish to Lender, within twenty (20) days after Lender's request therefor, the following documents, each certified to Lender by Borrower as being true, correct and complete; -10 - DEED OF TRUST oortNwc mean~ ARTICLE 111 RESERVES 3.1 Deposits. U required by Lender, Borrower shall, at the time of making each monthly installment payment under the Note, deposit with Lender a sum, as estimated by lender, equal to (i) the taxes and special assessments next due on the Property, and (ii) the premiums that will next become due on insurance policies as may be required under this Deed of Trust, less all sums already deposited therefor, divided by the number of months to elapse before two (2) months prior to the date when such taxes, special assessments and premiums will become delinquent. Lender may require Borrower to deposit with [.ender, in advance, such other sums for other taxes, assessments, premiums, charges and impositions in connection with Borrower or the Property as lender reasonably deems necessary to protect Lender's interests (`Other I►npositions "). Such sums for Other Impositions shall be deposited in a lump sum or in periodic installments, at Lender's option. If required by Lender, Borrower shall promptly deliver to Lender all bills and notices with respect to any taxes, assessments, premiums and Other Impositions. Unless Borrower and Lender otherwise agree in writing, Lender shall not be required to pay Borrower any interest, earnings or profits on any sums .lepnsite'd with Lender. All sums deposited with Lender under this paragraph 3.1 are hereby pledged as security for the Secured Obligations. (a) copies of all leases and other agreements for occupancy or use of all or any portion of the Property, (h) a rent roll for the Property, showing the name of each tenant, and for each tenant, the suite occupied, the number of square feet rented, the lease expiration date, the rent payable, the date through which rent has been paid, the amount of any security deposit, and the number and term of any renewal options, (c) copies of the most recent real and personal property tax statements for the Property, and (d) copies of the most recent statements for the insurance coverage maintained pursuant to this Deed of Trust. 2.11 Operating and Financial Statements; Tax Returns. Borrower shall provide to Lender within sixty (60) days after the end of each calendar year, a detailed statement of income and expenses of the Property for the prior year and current financial statements of Borrower and each guarantor. if required by Lender, Borrower shall also provide monthly operating statements within thirty (30) days after the end of each calendar month. Borrower and each guarantor shall provide updated financial statements within twenty (20) days after receipt of Lender's written request. The operating statements and financial statements shall be certified by Borrower or guarantor. and. if required by Lender, compiled, reviewed or audited by an independent certified public accountant in accordance with generally accepted accounting principles consistently applied. Within ten (10) days after filing, Borrower shall provide Lender with copies of the federal income tax returns of Borrower and each guarantor. -1 t - DEED OF TRUST oouwvcarnma • 3.2 Application of Deposits. All such deposited sums shall be held by Lender and applied in such order as Lender elects to pay such taxes, assessments, premiums and Other Impositions or, upon any Event of Default. may be applied in whole or in part, to the Secured Obligations. The arrangement provided for in this Article III is solely for the added protection of Lender and entails no responsibility on Lender's part beyond the allowing of due credit, without interest, for the sums actually received by it. Upon any assignment of this Deed of Trust by Lender, any funds on hand shall be turned over to the assignee and any responsibility of Lender with respect thereto shall terminate. Each transfer of the Property in accordance with Article IV below shall automatically transfer to the transferee all rights of Borrower with respect to any funds deposited hereunder. Upon payment in full of the Secured Obligations, Lender shall promptly refund to Borrower the remaining balance of any deposits then held by Lender. 3.3 Adjustments to Deposits. if the total deposits held by Lender exceed the amount deemed necessary by Lender to provide for the payment of such taxes, assessments, premiums and Other Impositions, such excess shall, provided there is no Event of Default or any event which would constitute an Event of Default if not cured within the time allowed, he credited by Lender on the next due installment or installments of such deposits. If at any time the total deposits held by Lender are less than the amount deemed necessary by l.7nder to provide for the payment of such taxes, assessments, premiums and Other Impositions, Borrower shall promptly deposit the deficiency with Lender after receipt of written demand from Lender. 3.4 Conditional Waiver. Notwithstanding the foregoing, Lender shall not require the payment of reserves as provided in this Article until a delinquency occurs in the payment of such taxes, assessments, premium and Other Impositions, or until the occurrence of an Event of Default. ARTICLE IV RESTRICTIONS ON TRANSFER OR ENCUMBRANCE Neither the Property nor any part thereof or interest therein shall be encumbered, sold (by contract or otherwise), conveyed, leased (except as provided in Article VI), or otherwise transferred by Borrower; nor shall there be any change in (i) the ownership or control of any of Borrower's stock if Borrower is a corporation, (ii) the ownership or control of any membership interest in Borrower if Borrower is a limited liability company, (iii) the ownership or control of any general partnership interest in Borrower if Borrower is a partnership, (iv) the ownership or control of any beneficial interests in Borrower if Borrower is not otherwise a natural person or persons, or (v) the ownership or control of any stock, membership, any general partnership interest, or any other beneficial interest in any corporation, partnership or other entity that has an ownership interest in Burrower. Any such action without Lender's prior written consent shall be deemed to increase the risk of Lender, and shall constitute an Event of Default if not corrected within five (5) days after Lender's delivery of written demand to Borrower. -12 - DEED OF TRUST • opn.r,canDm Lender may, in its sole discretion, consent to any such action subject to such terms and conditions as Lender may require, including without limitation the payment of a transfer review fee, an assumption fee of one percent (1 %) of the principal balance of the Note, and an increase in the interest rate of the Note. ARTICLE V UNIFORM COMMERCIAL CODE SECURITY AGREEMENT 5.1 Grant to Lender. This Deed of Trust constitutes a security agreement pursuant to the Uniform Commercial Code with respect to: (a) Any of the Property which, under applicable law, is not real property or effectively made part of the real property by the provisions of this Deed of Trust; and (b) Any and all other property now or hereafter described on any Uniform Commercial Code Financing Statement naming Borrower as Debtor and Lender as Secured Party and affecting property in any way connected with the use and enjoyment of the Property (any and all such other property constituting "Property" for purposes of this Deed of Trust); and Borrower hereby grants Lender a security interest in all property described in clauses (a) and (b) above as security for the Secured Obligations. Borrower and Lender agree, however, that neither the foregoing grant of a security interest nor the filing of any such financing statement shall be construed as limiting the parties' stated intention that everything used in connection with the production of income from the Property, or adapted for use therein, or which is described or reflected in this Deed of Trust, is and at all times shall he regarded as part of the Land. 5.2 Lender's Rights and Remedies. With respect to the Property subject to the foregoing security interest, Lender shall have all of the rights and remedies (i) of a secured party under the Uniform Commercial Code, (ii) provided herein, including without limitation the right to cause such Property to be sold by Trustee under the power of sale granted by this Deed of Trust, and (iii) provided by law. In exercising its remedies, Lender may proceed against the items of real property and any items of personal property separately or together and in any order whatsoever, without in any way affecting the availability of Lender's remedies. Upon demand by Lender following an Event of Default hereunder, Borrower shall assemble any items of personal property and make them available to Lender at the Land. Lender shall give Borrower at least five (5) days' prior written notice of the time and place of any public sale or other disposition of such Property or of the time of or after which any private sale or any other intended disposition is to be made. Any person permitted by law to purchase at any such sale may do so. Such Property may be sold at any one or more public or private sales as permitted by applicable law. -13 - DEED OF TRUST • , 6.1 Assignment of Rents and Leases. As security for the Secured Obligations, Borrower assigns and transfers to Lender and grants Lender a security interest in and to all right, title and interest of Borrower in and to: (a) any and all present and future leases, subleases, and other agreements for the occupancy or use of all or any part of the Property, and any and all extensions, renewals and replacements thereof ( "Leases"): (h) all cash or security deposits, advance rentals and deposits of a similar nature under the Leases; (c) any and all guarantees of tenants' or occupants' performances under any and all Leases; and (d) all rents. issues, profits and revenues ( "Rents") now due or which mar become due or to which Borrower may now or shall hereafter become entitled or mat• demand or claim (including Rents coming due during any redemption period). arising or issuing from or out of any and all Leases, including without limitation minimum, additional, percentage and deficiency rents and liquidated damages. 6.2 Collection of Rents. Prior to any Event of Default hereunder, Borrower shall have a license to, and shall, collect and receive all Rents of the Property as trustee for the benefit of Lender and Borrower, apply the Rents so collected first to the payment of taxes, assessments and other charges on the Property prior to delinquency, second to the cost of insurance, maintenance and repairs required by the terns of this Deed of Trust, third to the costs of discharging any obligation or liability of Borrower under the Leases, and fourth to the Secured Obligations, with the balance, if any, to the account of Borrower pmyided there is no Event of Default. Upon delivery of written notice by Lender to Borrower of an Event of Default hereunder and stating that Lender exercises its rights to the Rents, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court- appointed receiver, Lender shall immediately be entitled to possession of all Rents from the Property as the same become due and payable, including without limitation Rents then due and unpaid, and all such Rents shall immediately upon delivery of such notice be held by Borrower as trustee for the benefit of Lender only. Upon delivery of such written notice by Lender, Bormwer hereby agrees to direct each tenant or occupant of the Property to pay all Rents to Lender der on Lender's written demand therefor, without any liability on the part of said tenant ur occupant to inquire further as to the existence of an Event of Default by Borrower. Borrower hereby authorizes Lender as Borrower's attorney -in -fact to make such direction to tenants and occupants upon Borrowers failure to do so as required herein. Payments made to Lender by tenants or occupants shall, as to such tenants and occupants, be in discharge of the payors' obligations to Borrower. Lender may exercise, in Lender's or Borrower's name, all rights and remedies available to Borrower with respect to collection of Rents. Nothing herein contained shall be construed as obligating Lender to perform any of Borrower's obligations under any of the Leases. 6.3 Borrower's Representations and Warranties. Borrower hereby represents and warrants to Lender that Borrower has not executed and will not execute any other o tlw+tcgNtgtw ARTICLE VI ASSIGNMENT OF RENTS AND LEASES • - 14 - DEED OF TRUST CCIIIIMICOKTIO701 assignment of said Leases or Rents, that Borrower has not performed and will not perform any acts and has not executed and will not execute any instrument which would prevent Lender from exercising its rights under this Article VI, and that at the time of execution of this Deed of Trust there has been no anticipation or prepayment of any of the Rents of the Property for more than two (2) months prior to the due dates thereof. Borrower further represents and warrants to Lender that all existing Leases are in good standing and there is no default thereunder, whether by Borrower or lessee, and that, to Borrower's knowledge, there is no event or condition which, with notice or the passage of time or both, would be a default thereunder. Borrower shall execute and deliver to Lender such further assignments of Rents and Leases of the Property as Lender may from time to time request. 6.4 Leases of the Property. Borrower shall comply with and observe Borrower's obligations as landlord under all Leases and will do all that is necessary to preserve all Leases in force and free from any right of counterclaim, defense or setoff. At Lender's request. Borrower shall furnish Lender with executed copies of all Leases now existing or hereafter made and all Leases hereafter entered into shall use a form previously approved by Lender. All commercial Leases and tenants shall be subject to Lender's prior written approval, and shall specifically provide that the tenant attorns to any person succeeding to the interest of Borrower upon any foreclosure of this Deed of Trust or conveyance in lieu thereof. Such attornment shall be in such form as Lender may approve and shall provide that Tenant shall not have the right of set off or defense to payment of rents for any event or act that occurred prior to such successor obtaining title to Borrower's interest except to the extent such event or act is continuing at the time such successor obtains such title. Tenant shall also agree to execute such further evidences of attorrtment as Lender may from time to time request. Without Lender's written consent, Borrower shall not: (a) collect or accept payment of any Rents more than two months prior to the due dates thereof; (b) modify, surrender or terminate any commercial Lease; (c) waive, discharge, release or modify the obligations of any tenant or other occupant of the Property under any commercial Lease; or (d) request or consent to the subordination of any commercial Lease to any lien subordinate to this Deed of TrusL Any attempted action in violation of this paragraph 6.4 shall be null and void. Without in any way limiting the requirement of Lender's consent hereunder, any sums received by Borrower in consideration of any termination (or the release or discharge of any lessee), modification or amendment of any Lease shall be applied to reduce the outstanding Secured Obligations and any such sums received by Borrower shall be held in trust by Borrower for such purpose. 6.5 Lender in Possession; Appointment of Receiver. Upon any Event of Default, Lender may, in person, by agent or by a court- appointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to pertorm all acts necessary and appropriate for the operation and maintenance thereof in the same manner and to the same extent as Borrower could do the same, including without limitation the execution, enforcement, cancellation and - 15 • DEED OF TRUST • modification of Leases, the collection of all Rents of the Property, the removal and eviction of tenants and other occupants, the making of alterations and repairs to the Property, and the execution and termination of contracts providing for management or maintenance of the Property, all on such terms as are deemed best by Lender to protect the security of this Deed of Trust. From and after any Event of Default, if any owner of the Property shall occupy the Property or part thereof such owner shall pay to Lender in advance on the first day of each month a reasonable rental for the space so occupied, and upon failure so to do Lender shall be entitled to remove such owner from the Property by any appropriate action or proceedings. Following an Event of Default, Lender shall be entitled (regardless of the adequacy of Lender's security) to the appointment of a receiver, Borrower hereby consenting to the appointment of such receiver. Said receiver may serve without bond and may be Lender or an employee of Lender. The receiver shall have, in addition to all the rights and powers customarily given to and exercised by such receivers, all the rights and powers granted to Lender in this Article VI. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. 6.6 Application of Rents. All Rents collected subsequent to delivery of written notice by Lender to Borrower of an Event of Default shall be applied first to the costs, if any, of taking control of and managing the Property and collecting the Rents, including without limitation attorneys' fees, receiver's fees, premiums on receiver's bonds, costs of maintenance and repairs to the Property, premiums on insurance policies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Borrower under the Leases, and then to other Secured Obligations. Lender or the receiver shall be liable to account only for those Rents actually received. Lender shall not be liable to Borrower, anyone claiming under or through Borrower or anyone having an interest in the Property by reason of anything done or left undone by Lender under this Article. 6.7 Deficiencies. To the extent, if any, that the costs of taking control of and managing the Property, collecting the Rents, and discharging obligations and liabilities of Borrower under the Leases, exceed the Rents of the Property, the excess sums expended for such purposes, plus interest, shall constitute a Secured Obligation. Such excess sums shall be payable upon demand by Lender and shall bear interest from the date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law. 6.8 Lender Not Mortgagee in Possession. Nothing herein shall constitute Lender a "mortgagee in possession" prior to its actual entry upon and taking possession of the Property. Entry upon and taking possession by a receiver shall not constitute possession by Lender. 6.9 Enforcement Lender may enforce this assignment without first resorting to or exhausting any security or collateral for the Secured Obligations. oorn+w ONrnn+ - 16 - DEED OF TRUST ARTICLE VII LOAN AGREEMENT ARTICLE VIII EVENTS OF DEFAULT 8.1 Events of Default. Any one or more of the following is an "Event of Default": (a) Borrower fails to make any payment under the Note, this Deed of Trust, or any of the other Loan Documents within fifteen (15) days after the due date. (b) There is a default under any of the Permitted Exceptions, if not cured within any cure period given in the Permitted Exceptions. (c) There is an Event of Default as defined in any of the other Loan (d) Borrower fails to perform any other covenant, agreement or obligation under this Deed of Trust or any of the other Loan Documents, if not cured within the time allowed. If no cure period is otherwise specified for such default, the cure period shall be within thirty (30) days after Lender's delivery of written demand to -17 - DEED OF TRUST • • • Borrower, or if such cure cannot in Lender's opinion be completed within such thirty (30) day period, and Borrower commences the required cure within such thirty (30) day period and thereafter continues to cure with diligence, the cure period shat: be ninety (90) days after Lender's delivery of such written demand. (e) Borrower or any guarantor files a petition in bankruptcy or for an arrangement, reorganization or any other form of debtor relief; or the petition is filed against Borrower or any guarantor or any trustee of Borrower or any guarantor, and the petition is not dismissed within forty -five (45) days after filing. (f) A decree or order is entered for the appointment of a trustee, receiver or liquidator for Borrower or any guarantor or the property of Borrower or any guarantor, and such decree or order is not vacated within forty-five (45) days after the date of entry. (g) Borrower or any guarantor commences any proceeding for dissolution or liquidation; or any such proceeding is commenced against Borrower or any guarantor and the proceeding is not dismissed within forty-five (45) days after the date of commencement. (h) Borrower or any guarantor makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due. (i) There is an attachment, execution or other judicial seizure of any property of Borrower or any guarantor and such seizure is not discharged within ten (]0) days. (j) Any representation or disclosure made to Lender by Borrower or any guarantor in connection with the loan evidenced by the Note proves to be materially false or misleading when made, whether or not that representation or disclosure is expressly set forth in the Loan Documents. (k) A default occurs under any other indebtedness now or hereafter owing to Lender on which Borrower or any guarantor is a maker or a guarantor, and such default is not cured within the applicable cure period, if any, under the instruments evidencing and securing such indebtedness. 8.2 Inapplicability of Cure Periods. All cure periods provided in this Deed of Trust ur the other Loan Documents shall be inapplicable if. in Lender's reasonable judgment. the default is not capable of being cured within the time allowed, or a delay in Lender's enforcement of its rights and remedies may result in a material impairment of its security. oO11)McoNTe109 - 18 - DEED OF TRUST 8.3 Form of Notice. At Lender's option, any written notice of default given to Borrower under paragraph 8.1 may be given in the form of a statutory notice of default under the Washington Deed of Trust Act or any other form as Lender may elect. 9.1 Acceleration Uvon Default; Additional Remedies. Upon any Event of Default. Lender may, at its option and without notice to or demand upon Borrower, exercise any one or more of the following actions: (h) Bring a court action to enforce the provisions of this Deed of Trust or any of the other Loan Documents. (d) Cause any or all of the Property to be sold under the power of sale granted by this Deed of Trust in any manner permitted by applicable law. (f) Exercise any or all of the other rights and remedies under this Deed of Trust and the other Loan Documents. (g) Exercise any other right or remedy available under law or in equity. 9.2 Prepayment Premium. If the Note provides for payment of a prepayment premium. such prepayment premium shall be payable by Borrower with respect to any voluntary or involuntary payment of principal under the Note before the maturity date stated in the Note, except as otherwise specifically provided in the Loan Documents. Borrower expressly agrees that any such principal payment made after an Event of Default shall require payment of the prepayment premium notwithstanding any acceleration of the Note by Lender. 9.3 Exercise of Power of Sale. For any sale under the power of sale granted M• this Deed of Trust, Lender or Trustee shall record and give all notices required by law and then, upon the expiration of such time as is required by law, Trustee may sell the Property upon any terms and conditions specified by Lender and permitted by applicable law. Trustee may postpone any sale by public announcement at the time and place noticed for the sale. H the Property includes several lots or parcels, Lender in its discretion may designate their order of sale or may elect to sell all of them as an entirety. The Property, real, personal and mixed, may be sold in one parcel. To the extent any of the Property sold by the Trustee is personal pro;+erty, then Trustee shall be acting as the 00 COwrpro! (a) (c) (e) • ARTICLE IX REMEDIES • Declare all the Secured Obligations immediately due and payable. Foreclose this Deed of Trust as a mortgage. Elect to exercise its rights with respect to the Leases and the Rents. .19 - DEED OF TRUST DOTIN/R'ANI ei • - 20 - DEED OF TRUST agent of the Lender in selling such Property. Any person permitted by law to do so may purchase at any sale. Upon any sale, Trustee will execute and deliver to the purchaser or purchasers a deed or deeds conveying the Property sold, but without any covenant or warranty, express or implied, and the recitals in the Trustee's deed showing that the sale was conducted in compliance with all the requirements of law shall be prima fade evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value. 9.4 Application of Sale Proceeds. Except as may otherwise be required by law, the proceeds of any sale under this Deed of Trust shall be applied in the following priority: (a) Payment of the costs and expenses of the sale; including without limitation Trustee's fees, legal fees and disbursements, title charges and transfer taxes, and payment of all expenses, liabilities and advances of Trustee, together with interest on all advances made by Trustee from date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law. (b) Payment of all sums expended by Lender under the terms of this Deed of Trust and not yet repaid, together with interest on such sums from date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law. (c) Payment of all other Secured Obligations in any order that the Lender chooses. (dl The remainder, if any, to the person or persons legally entitled to it. 9.5 Waiver of Order of Sale and Marshalling. Lender shall have the right to determine the order in which any or all portions of the Secured Obligations are satisfied from the proceeds realized upon the exercise of any remedies provided herein. To the fullest extent permitted by law, Borrower, any party who consents to this Deed of Trust and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof, hereby waives any and all right to require marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein, or to direct the order in which any of the Property will be sold in the event of any sale under this Deed of Trust. 9.6 Non - Waiver of Defaults. The entering upon and taking possession of the Property, the collection of Rents or the proceeds of fire and other insurance policies or compensation or awards for any taking or damage of the Property, and the application or release thereof as herein provided, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 9.7 Expenses During Redemption Period. If this Deed of Trust is foreclosed as a mortgage and the Property sold at a foreclosure sale, the purchaser may during any redemption period allowed, make such repairs or alterations on the Property as may be reasonably necessary for the proper operation, care, preservation, protection and insuring thereof. Any sums so paid together with interest thereon from the time of such expenditure at the lesser of the default rate under the Note, or the maximum rate permitted by law, shall be added to and become a part of the amount required to be paid for redemption from such sale. 92 Foreclosure Subject to Tenancies. Lender shall have the right at its option to foreclose this Deed of Trust subject to the rights of any tenant or tenants of the Property. 9.9 Remedies Cumulative. To the extent permitted by law, every right and remedy provided in this Deed of Trust is distinct and cumulative to all other rights or remedies under this Deed of Trust or afforded lo,• law or equity or any other agreement between Lender and Borrower, and may be exercised concurrently, independently or successively, in any order whatsoever. Lender may exercise any of its rights and remedies at its option without regard to the adequacy of its security. 9.10 Lender's and Trustee's Expenses. Borrower shall pay all of Lender's and Trustee's expenses incurred in any efforts to enforce any terms of this Deed of Trust, whether or not any suit is filed, including without limitation legal fees and disbursements, foreclosure costs and title charges. All such sums, with interest thereon. shall be additional indebtedness of Borrower secured by this Deed of Trust. Such sums shall be immediately due and payable and shall bear interest from the date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law. mnMwcanoros ARTICLE X GENERAL 10.1 No Offset. Borrower's obligation to timely pay and perform all obligations under the Note, this Deed of Trust, and the other Loan Documents shall be absolute and unconditional and shall not be affected by any event or circumstance; including without limitation any setoff, counterclaim, abatement, suspension, recoupment, deduction, defense or any other right that Borrower or any guarantor may have or claim against Lender or any other person or entity. The foregoing shall not constitute a waiver of any claim or demand which Borrower or any guarantor may have in damages or otherwise against Lender or any other person or entity: provided that Borrower shall maintain a separate action thereon. 10.2 Application of Payments. Except as applicable law or this Deed of Trust may otherwise provide, all payments received by Lender under the Note or this Deed of Trust shall be applied by Lender in the following order of priority: (a) Lender's and - 21 - DEED OF TRUST • Trustees expenses incurred in any efforts to enforce any terms of this Deed of Trust; (h) interest payable on advances made to protect the security of this Deed of Trust; (r) principal of such advances; (d) amounts payable to Lender by Borrower under Article 111 for reserves; (e) interest and late charges payable on the Note; (f) principal of the Note; and (g) any other Secured Obligations in such order as Lender. at its option, may determine; provided, however, that Lender may, at its option, apply any such payments received to interest on or principal of the Note prior to applying such payments to interest on and principal of advances made to protect the security of this Deed of Trust 10.3 Appraisal Costs. In the event the Financial institutions Reform. Recovery, and Enforcement Act. as amended, or any regulatory agency, requires Lender to obtain an appraisal of the Property, Borrower shall reimburse Lender on demand for payment of the costs of such appraisal. 10.4 Imposition of Tax. For purposes of this Section, "Tax" shall mean: (a) a specific tax on deeds of trust or on all or any part of the indebtedness secured by a deed of trust; or (b) a specific tax on the owner of the Property covered by a deed of trust which the taxpayer is authorized or required to deduct from payments on the deed of trust; or (c) a tax on property covered by a deed of trust chargeable against a beneficiary or trustee under the deed of trust or the holder of the note secured by the deed of trust or (d) a specific tax (other than an income tax or a gross receipts tax) on all or any portion of the obligations secured hereby or on payments of principal and interest made by a grantor under a deed of trust. If any Tax is enacted subsequent to the date of this Deed of Trust, enactment of the Tax shall constitute an Event of Default, and Lender may exercise any or all of the remedies available to it upon the occurrence of any Event of Default, unless the following conditions are met (i) Borrower may lawfully pay the Tax without causing any resulting economic disadvantage or increase of tax to Beneficiary or Trustee; and (ii) Borrower pays the Tax (including any tax on the payment made) within thirty (30) days after notice from Lender that the tax law has been enacted. 10.5 Reeonvevance. Upon payment of all Secured Obligations, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing the Secured Obligations to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled thereto. The grantee in any reconveyance may be described as the "person or persons legally entitled thereto: and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Such person or persons shall pay Trustee's reasonable costs incurred in so reconveying the Property. 10.6 Successor Trustee. In accordance with applicable law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. COT i rnCOOM01 I • • • - 22 - DEED OF TRUST wIpw,rdrora • 10.7 Lender's Powers. Without affecting the liability of any person for payment or performance of the Secured Obligations or any of Lender's rights or remedies, Lender, at its option, may extend the time for payment of the Secured Obligations or any part thereof. reduce payment thereon, release anyone liable thereon, accept a renewal note or notes therefor, modify the terms and time of payment thereof, release the lien of this Deed of Trust on any part of the Property, take or release other or additional security, release or reconvey or cause to be released or reconveyed all or any part of the Property, or consent and /or cause Trustee to consent to the making of any map or plat of the Property, consent or cause Trustee to consent to the granting of any casement or creating any restriction on the Property, or join or cause Trustee to join in any subordination or other agreement affecting this Deed of Trust or the lien or charge hereof. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorneys' fees as may be incurred at Lender's option, for anv such action if taken at Borrower's request. 10.8 Subdivision. Borrower hereby consents to a subdivision of the Property, if Lender, in its sole discretion, determines that a subdivision of the Property is necessary or desirable to preserve the lien of this Deed of Trust, or to permit Lender to foreclose on only a portion of the Property. 10.9 Subrogation. Lender shaU be subrogated for further security to the Tien, although released of record, of any and all encumbrances discharged, in whole or in part, by the proceeds of the Note or any other indebtedness secured hereby. 10.10 limitation on Interest and Charges. The interest, fees and charges under the Loan Documents shall not exceed the maximum amounts permitted by any applicable law. If any such interest. fee or charge exceeds the maximum, the interest, fee or charge shall be reduced by the excess and any excess amounts already collected from Borrower shall be refunded. Lender may refund such excess either by treating the excess as a prepayment of principal under the Note or by making a direct payment to Borrower. If Lender elects to treat the excess as a prepayment of principal, Borrower shall not be obligated to pay any prepayment premium required under the Note. The provisions of this paragraph shall control over any inconsistent provision in the Loan Documents. 10.11 Additional Documents; Power of Attorney. Borrower, from time to time, shall execute, acknowledge and deliver to Lender upon request, and hereby irrevocably appoints Lender its attorney -in -fact to execute, acknowledge, deliver and if appropriate file and nYord, such security agreements, assignments for security purposes, assignments absolute, financing statements, affidavits, certificates and other documents, in form and substance satisfactory to Lender, as Lender may request in order to perfect, preserve. continue, extend in time or maintain the assignments herein contained, the lien and security interest under this Deed of Trust, and the priority thereof. Borrower shall pay to Under upon request therefor all costs and expenses incurred in connection with the preparation, execution, recording and filing of any such document. - 23 - DEED OF TRUST cotwv„tprr • 10.12 Waiver of Statute of Limitations. To the full extent Borrower may do so, Borrower hereby waives the right to assert any statute of limitations as a defense to the enforcement of the lien of this Deed of Trust or to any action brought to enforce the Note or any other obligation secured by this Deed of Trust. 10.13 Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not he a waiver of or preclude the exercise of any right or remedy, and no waiver by Lender of any particular default shall constitute a waiver of any other default or of any similar default in the future. Without limiting the generality of the foregoing, the acceptance by Lender of payment of any of the Secured Obligations after the due date thereof shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. nor shall Lenders receipt of any awards, proceeds or damages under paragraphs 2.3 and 2.7 hereof operate to cure or waive Borrower's default in payment of the Secured Obligations. 10.14 Modifications and Waivers. This Deed of Trust cannot be waived. changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 10.15 Notice. Any notice to Borrower under this Deed of Trust shall be to the address noted above or such other address as may be designated by Borrower in writing and shall be deemed to have been given on the date delivered in the case of personal delivery or, if mailed, three (3) days after the postmark thereof. 10.16 Governing Law; Sevenbility; Captions. This Deed of Trust shall be governed by the laws of the State of Washington. If any provision or clause of this Deed of Trust conflicts with applicable taw, such conflicts shall not affect other provisions or clauses hereof which can be given effect without the conflicting provision, and to this end the provisions hereof are declared to be severable. The captions and headings of the paragraphs and articles of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 10.17 Definitions. As used herein: the term "Borrower' means the Borrower herein named, together with any subsequent owner of the Property or any part thereof or interest therein; the term 'Trustee" means the Trustee herein named, together with any successor Trustee; and the term "Lender" means the Lender herein named, together with any subsequent owner or holder of the Note or any interest therein, including pledgees, assignees and participants. -24- DEEDOFTRUST • 10.18 Successors and Assigns: Joint and Several Liability; Agents. This Deed of Trust shall bind and inure to the benefit of the parties hereto and their respective heirs, devisees, legatees, administrators, executors, successors and assigns, subject to the provisions of Article IV hereof. Each person executing this Deed of Trust as Borrower shall be jointly and severally liable for all obligations of Borrower hereunder. In exercising any rights hereunder or taking actions provided for herein, Lender and Trustee may act through their respective employees, agents or independent contractors as authorized by Lender and Trustee. 10.19 Number Gender. This Deed of Trust shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 10.20 Time. Time is of the essence in connection with all obligations of Borrower herein. 10.21 Request for Notice. Borrower hereby requests that a copy of any notice of default and notice of sale hereunder be mailed to it at its address set forth at the beginning of this Deed of Trust. 10.22 Assietiment of Loan Documents. Lender may assign the Loan Documents in whole or in part Lender may make available to any proposed assignee or participant all credit and financial dab with respect to Borrower and any guarantor as may be in the possession of Lender. Borrower agrees to provide any additional information that any proposed assignee or participant may reasonably request 10.23 Estoppel Certificate. Borrower shall, within ten (10) days after receipt of Lender's written request, furnish Lender or any other party designated by Lender with a written statement, duly acknowledged, setting forth the amount of the Secured Obligations and otherwise confirming the status of the Secured Obligations, the Property, and the Loan Documents. 'The remainder of this page is intentionally left blank.) - 25 - DEED OF TRUST t»rtoAtorlo'af 0 0nonuut & sr f � ar 0 11: 0 , By: "Borrower" ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. IN WITNESS WHEREOF. Borrower has executed this Deed of Trust as of the date first above written. CONTAINER PROPERTIES L. LC., a Washington limited liability company 11.vun 0. Qt.haniNuA3 Notary Public in alld for the State of Washington,f residing at ( I QCtr ta._ STATE OF WASHINGTON ) ss. County of IEiAg Piteu ) I certify that I know or have satisfactory evidence that Richard J. Padden is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as member of CONTAINER PROPERTIES LL.C. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this JQ day of July, 1998. Name (printed or typed) $hrleCO.Johar [71 My appointment expires: 61a1j19 - 26 - DEED OF TRUST EXHIBIT A TO DEED OF TRUST LEGAL DESCRIPTION The Land is located in King County, Washington, and is legally described as follows: That portion of Tracts 1 and 2 of THE MEADOWS, according to the partition map of part of the Francis McNatt Donation Land Claim no. 38 filed in King County Superior Court Cause Number 120091, and of the abandoned bed of the Duwamish River, all located in Section 33, Township 24 North. Range 4, East, Willamette Meridian. in King County, Washington, and all lying westerly of the westerly margin of East Marginal Way South and also westerly of the parcel of land adjoining East Marginal Way which was conveyed to Great Northern Railway Company by deed recorded under recording number 4784818; lying easterly of the easterly margin of the right of way of Commercial Waterway District No. 1 (Duwamish Waterway); lying southerly of the hereinafter described "Line A "; and lying northerly of the hereinafter described "Line r: Line A: Beginning on the westerly margin of East Marginal Way South, which point bears north 89°15'54" west a distance of 2470.01 feet along the Donation Claim line and south 23 °40'59" cast a distance of 648.77 feet along the westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the east line of Section 33, Township 24 North, Range 4 East Willamette Meridian, in King County, Washington; running thence west a distance of 1574.72 feet to the east line of Commercial Waterway No. 1; thence south 15'00'00" east along said easterly line a distance of 237.76 feet to the True Point Of Beginning of said "Line A ": thence east a distance of 1053.10 feet; thence south 23°02'00" east a distance of 46.03 feet; thence east a distance of 56138 feet to the westerly margin of East Marginal Way South and the terminus of said "Line A "; Line B: UOT,w(QM110100 • • Beginning on the westerly margin of East Marginal Way South at a point which bears north 89°15'54" west a distance of 2470.01 feet along the Donation Claim line and south 23 °40'59" east a distance of 1374.17 feet - 27 - DEED OF TRUST 0010MtcwTc'A • along the westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the east line of Section 33, Township 24 North, Range 4 East, Willamette Meridian. in King County, Washington said point being at the intersection of the westerly margin of East Marginal Way South with the north line of Van De Vanter Stock Farm Tract and the True Point Of Beginning of said "Line B"; thence north 89°27'50" west a distance of 14.94 feet thence north 8654'59" west a distance of 486.97 feet thence north 84•1704" west a distance of 117.00 feet thence south 83°5756" west a distance of 119.00 feet thence south 70°40'29" west a distance of 110.173 feet thence south 61°33'40" west a distance of 840.02 feet, to the easterly line of the right of way of Commercial Waterway District No.1 and the terminus of said "Line B." Together with the right to cross the parcel conveyed to Great Northern Railway Company as reserved in Deed recorded under File Number 4784816. - 28 - DEED OF TRUST 20010228000776 After Recording Mail To KEYBANK NATIONAL ASSOCIATION Washington Corporate Banking Mailcode WA -31 -10 -4871 700 Fifth Avenue, 48th Floor Seattle, WA 98104 -0090 Ann Steven J Barker Loan Nos 3113556721 -9001 and 31 13556721 -9002 MOD OF DOT 111400 • I HUHN 20010228000776 MODIFICATION OF DEED OF TRUST CHICAGO TITLE NOT 32 M PAGE OOf OF Des •2/28/20 1 10 KING COUNTY, UA GRANTOR CONTAINER PROPERTIES L L C , a Washington limited liability company GRANTEE KEYBANK NATIONAL ASSOCIATION, a national banking association ', . / i z GRANTEE CHICAGO TITLE INSURANCE COMPANY REF �'' �E INS CO (trustee) 33.10 7 2 -6 LEGAL Portions of Lots 1 -2, The Meadows Tracts, unrecorded DESCRIPTION The complete legal description is on Exhibit A ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBERS 542260 -0010 -04 RECORDING NO OF DEED OF TRUST MODIFIED BY THIS DOCUMENT 9807130818 DE CE I VE® .SLp 1 Bn Na EiuT THIS MODIFICATION OF DEED OF TRUST ("Modification") is dated as of this 1" day of November, 2000, and modifies the Deed of Trust, Assignment of Rents and Leases and Security Agreement ("Deed of Trust") dated as of July 10, 1998, recorded under King County recording number 911 n7i3n1178 , from CONTAINER PROPERTIES L L C , a Washington limited liability company, as grantor ( "Borrower") to CHICAGO TITLE INSURANCE COMPANY as Trustee, in favor of KEYBANK NATIONAL ASSOCIATION, a national banking association as beneficiary ( "Lender "), encumbering the real property ( "Property") legally described on Exhibit A hereto The Deed of Trust is modified as provided below pursuant to the Second Loan Modification Agreement ( "Modification Agreement") between Borrower and Lender dated the same as this Modification The definition of the term "Loan Documents" is modified to include the Modification Agreement All references in the Deed of Trust to the "Note" are amended to refer to - 1 - Mod of ik.cd of Trusi • • Borrower's Amended and Restated Promissory Note of even date herewith in the stated principal amount of $5,745,380 27, which amends, restates and consolidates "Note A" and "Note B" as referred to in the Deed of Trust 2 The Maturity Date of the Note is extended to March 1, 2003, and the interest rate on the Loan and the terms of payment of the Loan are modified as provided in the Modification Agreement In all other respects the provisions of the Deed of Trust are hereby affirmed and ratified This Modification of Deed of Trust is not intended and shall not be construed to impair the validity, priority or enforceability of the Deed of Trust or the other Loan Documents DATED as of the year and date first above written MOD 01 DOT 111400 "Lender" KEYBANK NATIONAL ASSOCIATION, a national banking association "Borrower" CONTAINER PROPERTIES L L C , a Washington li j ted liability ' . •any By Ric ember -2- Mod oI Deed oflrust STATE OF WASHINGTON ) County of King ) I certify that I know or have satisfactory evidence that Richard J. Padden is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a member of CONTAINER PROPERTIES L.L.C. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument 4-et nut 2001 DATED this /vi- day of No u.mb , 4000 MOD OF IMT ; 11400 • • ss -6/62 I'!�! • >1%Nr d. Q.s�- N ry Public in and for thy State of Washington, residing at .S / //a M Manseri Nanfe (printed or typed) My appointment expires /0/4,2/03 - 3 - Mod ni Iktd ni I rust The Land is located in King County, Washington, and is legally described as follows That portion of Tracts I and 2 of THE MEADOWS, according to the partition map of part of the Francis McNatt Donation Land Claim no 38 filed in King County Superior Court Cause Number 120091. and of the abandoned bed of the Duwamish River, all located in Section 33, Township 24 North, Range 4, East. Willamette Meridian, in King County, Washington, and all lying westerly of the westerly margin of East Marginal Way South and also westerly of the parcel of land adjoining East Marginal Way which was conveyed to Great Northern Railway Company by deed recorded under recording number 4784818, lying easterly of the easterly margin of the right of way of Commercial Waterway District No 1 (Duwamish Waterway), lying southerly of the hereinafter described "Line A ", and lying northerly of the hereinafter described "Line B" Line A Line B MOD OF DOT I I law • • EXHIBIT A TO DEED OF TRUST LEGAL DESCRIPTION Beginning on the westerly margin of East Marginal Way South, which point bears north 89°15'54" west a distance of 2470 01 feet along the Donation Claiin line and south 23 °40'59" east a distance of 648 77 feet along the westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the east line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, running thence west a distance of 1574 72 feet to the east line of Commercial Waterway No 1, thence south 15 °00'00" east along said easterly line a distance of 237 76 feet to the True Point Of Beginning of said "Line A ", thence east a distance of 1053 10 feet, thence south 23 °02'00" east a distance of 46 03 feet, thence east a distance of 561 38 feet to the westerly margin of East Marginal Way South and the terminus of said "Line A ", Beginning on the westerly margin of East Marginal Way South at a point which bears north 89 °15'54" west a distance of 2470 01 feet along the Donation Claim line and south 23 °40'59" east a distance of 1374 17 feet along the westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the east line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, said point being at the intersection of the westerly margin of Fast - 4 - Mod of Deed of l rust r- c _ MOD Of DOT I i ' • • Marginal Way South with the north line of Van De Vanter Stock Farm Tract and the True Point Of Beginning of said "Line B ", thence north 89 °27'50" west a distance of 14 94 feet, thence north 86 °54'59" west a distance of 486 97 feet, thence north 84°17'04" west a distance of 117 00 feet. thence south 83 °57'56" west a distance of 119 00 feet, thence south 70 °40'29" west a distance of 110 173 feet, thence south 61 °33'40" west a distance of 840 02 feet, to the easterly line of the right of way of Commercial Waterway District No 1 and the terminus of said "Line B " Together with the right to cross the parcel conveyed to Great Northern Railway Company as reserved in Deed recorded under File Number 4784816 - 5 - Mod of Deed of rr 9509180955 King County Property Services Division EXCISE TAX NOT REQUIRED tag co. Ramos Willa' MODIFICATION TO SUPPLEMENTAL EASEMENT FOR UNDERGROUND CLOSED DRAINUNE RhOne- Poulenc Inc., a New York Corporation ('Grantor'), authorized to do business In the State of Washington, Is the owner of record of a certain parcel of land located in King County, Washington and which la subject to a certain easement attached hereto as Exhibit A (the 'Property'). RhOne•Poulenc Inc. purchased such Property from Monsanto Company by deed dated September 28, 1988 and duly recorded on October 1, 1988. Monsanto Company, a Delaware Corporation, the former owner of the Property, and King County, Washington, .a municipal corporation of the State of Washington 1'Grantea7, executed a supplemental easement dated July 29, 1971 to construct, operate and maintain one underground storm drain outfit!) line ('Underground Facilities') together with rights of access to and from the Underground Facilities which are described In Exhibit A. Grantor as the successor In interest to such easement, and Grantee hereby agree to delete Paragraphs 8 and 7 of the supplemental easement and replace them as follows: 8. Grantor shall not construct buildings over the Underground Facilities unless written permission Is given by the Grantee. The Grantor may, with Grantee's written permission, relocate the Underground Facilities at the Grantor's sole expense to make room for the construction of buildings. Grantee's written permission hereunder shall not be unreasonably withheld. 7. Two storm sewer connections will be furnished to Grantor along the Underground Facilities at such places end at such time as Grantor may desire provided that Grantor shall allow only clean storm water as defined by Storm Water Regulations in effect at the time, to enter into the Grantee's Underground Facilities. Said supplemental easement shell, In all other respects, be and remain In full force end effect. IN WITNESS WHEREOF, the parties hereto have executed this Instrument by their proper officers thereunto duly authorized as of this J day of . 1996. BY: KING COUNTY, a Political Subdivision of the State of Washington BY: DATE: Se (P, /99_5' APPROVED BY CUSTODIAL AGENCY: King County International Airport vin Mogga Manager DATE: 1 L40 .2.1 APPROVED.AS TO FORM: Sr. Deputy Prosecuting Attorney DATE: 7- AT • tt Emmnent: Do C EIVED SEP 14 2O COMMUNITY EVELOPMENT' 8 S 5 8 1 STATE OF Rev Jersey COUNTY OF Middlesex )ss On this day personally appeared before me Thomas C. He u to me known to be the Director of the Real Estate S Fac. Dept. 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 that he was authorized to execute the said instrument GIVEN under my hand and official seal this day of frj€<.a` , 19 2r. STATE OF WASHINGTON ) )St COUNTY OT KING ) I certify that signed this instrument, on oath stated that authorized by the KingCnuntaxecuthe to execute the instrument, and ac ed it as the Dtreeter of the Department of Conetrnetion RA Fnritttiel Mann of King County, Washington to be the free and voluntary act of said County for the Date: OT YPUBLIC in and for the State of r e s i d i n g My appointment expires r o-a &y otADys s. uAPIXFOR0 brat, retina. slam of PtwR Jassy Courtly et ta01d3aeet Ceeanbaton Opens October IS, 1187 and purposes mentioned in the instrument NOTARY PUBLIC in and for the State of Washington residing at . My appointment expires • STATE OF WASHINGTON ) ss COUNTY OF KING I ,,-- /Opt certify that rceroff Moir' signed this instrument, on oath stated that she was authorized by the King County Executive to execute the instrument, and acknowledged it as the Aline Manager of theyronertr Services Division of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument / Date: rA/Qr Oloury.prrn 001) /1' NOTARY PUBLIC in and Washington residing at My appointment expires • of ..• ' • SUPPLEMENTAL EASEMENT FOR ING A : . . UNDERGROUND CLOSED DRAINLINE • • ` A, • • . : ilrPORT KNOW ALL HEN BY' THESE PRESENTS, that a •. .Delaware corporation (hereinafter celled "Grantor"), for and In • • •••. •consideration of the sum of-One end No/I00 Dollars (S1.00) and - .. :' 'L a non-exclusive easement to construct;•epere•te, and maintain one LI • - • • • • • • :. •• •t"). . -.. • underground .storm drain °wile! I line, consisting of 36 inch diameter, GO• concrete ti le and appurtenances thereto •ereinaftor cal led 7): , -4•1* "Undei-greund: Fact 1 it les" ). together •w ith the right :of -access to .,, a and from the Underg round.. Fac I I itl es •over other lends of Grantor, .•.. .. . .... 'subject to the provisions hereof, ,. In, under and across the .fol lotfing ' .. - land, . situated • In King County, Washington, to-wit: ' • • - •- . •.• • ••• ••..••••1:-...••••,.A strip of land ten feet in width, being five feet .. .: !;: ••:.• on either srde. of the fol lowing described centerline: ''. ' • • • .- 1 ..... ..- , Beginning at the intersection of the North line of • •.•• .. ,...,-...:i.,•- • No.. 2 Tract, Meadow's Addition, Francis McNatt D.L.C. • .'•-•••';' ••'• :•-• • • I I '. No. 38, and the West right-of-way me of East .. . • .• • ':'Marginal Way; thence West along said North line of • - .. % ...f *. .** • 1•• said tract 11.5 feet to the Point of Beginning. . • • ••• . :•••• • : Thence South 39 West 758 feet more or less to • ••.' .•..: ...... the tide water•of Slip No. •6 of the Ouwemish Water- • .. •-' ' ..., . . way (herein cal led "Easement Area"). The bearing of • • •• • . • • '.. East Marginal Way is 'S23 E. The above described • tract Is a part of Tract No. 2, Meadow's Addition, . •• • Francis McNatt D.L.C. No. 38, Section 33, Township 24 ..- • North Range 4 East. • ' . . • • . . • • Grantor further grants, subject to the above and to ail ' • . • .. • the terms••ana . conditions horeof,:the temporary. easement .50 "feet In width, for purposes iitconstruction, IncludiSg•the.right to . . .. .i • „. •.. : - . • . • " • • : • • • • . • . .• • o EXHIBIT "A" .. • • • - • . . • ' . • . CD : 2 Grantee shell be IteDletor, and shall Indemnify po !�' ° h o l d harmless Grantor .from and egalnst, any'end a l l l i a b i l i t y : , • : cIaims, suits, judgmedts,.damages, losses, costs and expenses on . • .•. account of Injury to or. death of any parson, or damage or loss •••••••• :, or destruction of any property, caused by or connected with' • • Grantee's.oxerctse or purported exercise,of• any of the-Tights, ;r :privllogos and easements herein granted, or of any'•act, omission: • ' • • ••.or neglect of Grantee, Its agents; employes,..) icensees or• con'- . :. tractors, In'constructingk operating and maintaining said .Under- ::'ground Facilities.or any part tbereof ;- provlded,•however', the !-:foregoing covenant shel l• not apply with respect to •any. such Injury, '. death, •damage, . loss or -destruction caused by the ' solo •negl ig®nce. .: of Grantor, . Its agents, contractors or employes.•. • • .3.; .During all periods of construction or repair,. the: •foi.lowing•provJslons:she ) l•.be observed by,Grantee, :Its agents, • • . amp I oyes oi Contreetors at a i l t i mos i ' • • o -2- 0 -- , . • • • { . • • ' ... ...;!..,,: the "Easement .Area she ll, be performed In accord•1• • -.: •••• . ', ▪ *. '1> • •• • • ' . --. • • ' .- s '...: • ' ..: : Or.... ance..w 1 th the -sa tatty rules and requirements rements ot • : . • '' ••• ' ' • .•• • ..... . . ..• • .;: • i - :-.7- :5' .. .. • • •,..• • • • • . • :•:•:•'..!.: .••••••;41EL;;Grant•f OF • and so as lo provide 'the. leest•possible *.,.. • :-• ' . :tr... • ..t... ::-.. . ... • • . . .• • . • ..Interference with the activities of . 'Grantor, Its • -* • " • .:•—•:•••,,e-• .••• - • • . • • .• . nts em p Oyer-or contractors, and-In 'a good. and. . : • • •'• '.: • ; 1 l• * •!. • . " • • .- • • :. . • •••••••••;. "••.1•!,...1;%?,.:•:.,.. - :* •- •)werkmani I ka manner In conformance with sound :*and • : . . ;..: ' '•-- '.. -; • .. s .; .. ...i . J.: 7. f.:* . .":% ......t;itsee b le engineering practices. • s ' • • •• . ..•... • ... .. ••:•,:;•:.--'::::-..".• • .....0.. •• ::-.,.... :.r.,..........• • ••'. :i -•••••• ••••• %. • • . . ..... ,.,:1:?.. ,... ... 4. ): :: : : A11 . .acc and from the Easement Area . she I I be Y. , ••• -',:•' • . . . . . - •• • - - . - .; ......:.1 ::.•• ; -.-::•:•:!•... .. thosoi:routes 'designated by Grantor, and shall • . . ••• !, • !.,:lz ...ri •• ' - ' . • ' ''. • • . . . ... .. s • • ***-• i'' '' ' '44'" be subject to such:reasonable regulations as .... • ...,. • ,, . • . • • • ' •• • . • • . . • •• .. • 1,,,I..1...e.,..-..:•.i. ..- • • • provisions ions : , ..; • . . ,„ :.".-• •••F•••1(...GranTor may make, including reasonable. p .- .• ..- 4,•:-....• ...., • . • • - . ..yit: ' • ''• -•'•• - protec t..the security of Grantor's p • *.P:7:,;.: . . . . .. • . •.:.1.•—• . 1....." , .•• 1 ' . ..: . Greintee• shall repair 'and restore Grantor's roads .•:..... . -. . .•.• • -. A. . " : - ,•• ••-• .. - •••;• restore . .. .... • • • .• , ..., . • • . e•t'; •••••••..•••• "..11• ••••9 end dr I vas to • the! r. nal:co/id I t.1 09'1 any • ••• •• • • • •2 • • •1 ' •••.:•'.•••••*: '. damage thereto shall ; be caused or 'contributed to .***:•,* • ;••••' by Grantee's use.. :.•: • • . . • .„ . • •• . • • ••••;„•-• ••• ••••• • . • • • •• •. .• • . • •.• • • ••—•' • = ..... ....'• • . . - • • . • . • %-. . -• . .... c.'...!; shall be so "abandoned, whereupon Grantor,. Its successors end . ••• ": - . . . . . 'assigns, ;shell have thelsame end camplote to such lands so •-- %-.- . • ..;.; ! 4 . ... • . ' . • abandoned as • if these presents had :newer .- been executed end the . - 2 . ; :•• ••• ,. . '.;:'•.:-.,..t:rigAt to enter„thereob and :excliide'•theretioni .• 7. • ....• -,• . • ..,•• • sucCessors:and .assigni.:therefreea.•;;;;.4:•:;;:•:',.,..'.:i:.• fk.k.:f ?-:.... •• . • ....• ." • .......:•':.:- .:..:.' . • '''''....:: • -.: : '• ;;I: •••••• .. . • .: • • • :... 1 :: ".• 1 • • .: el. i ..: ...;;;....:.;....,•: • ...."•„:,:*..".:. ...".:•:::;..::.. :::. •!....., . • :.. • •.• • -tio."•:. N. . If.* • ...': 4.;• .. • - • •,- : .... • • *.' ...;.. • ':: ,.*.• . . : • • '' • ';•. ..• • • . - . *** • . • • • • :••••:. . : : .. -4- . . , }:.:, :•along :tbe Underground FeclEltIes.at•such places•and'at'such time ', • � -,:: t e Grantor. • may :dos l re. • • - • .' _ •- • • ` `� Except as heroin.spe ly .to•Grantee, • • •- .• : Grantor.reserv,es and excepts all right,•titie and Interest in• end. • -••to said land, •Including but n 1 9 of Invited to the rI ht•to use 'the • :of tho ea "area in any,, men :will•not•.un •. . • . reasona interfere with :the exercise of •the. rights herein granted . to 'Grantee. • ' ' • •. • • - _ .f• , ,:r • . _ . • It la the purpose• of the parties hereto -to incor. •. •' • _.porete .herein, and thus to :supersede .and •rep lace,, . a 1 1' of•.the r ight's,' 141.) egos. and •.dutles; contal.ned;;in: that ;certain- easement • : :'' :• ! • `: • 't. °: !' �; lo-•' •• • �• covenants and ,• • . . - . . . . • . • . • . • • . • • . ATTEST: , . . . • • tt . y• • -• • B • in • . • Ll • . ▪ ATT 1: • •Aii.I stant Secretary .• - • .• • . • •• ! • . •, • 'STATE OF WASHINGTON) COUNTY OF KING 1 "at . On this 1 day of 1 •l1 — � , 1972 before me persona 1 1 y appeared 17,.. l d • —S e`>' • to me known of + j t 6e ,,, ?.c! !r s%vTY to be�� r that executed the within and foregoing Instrument, and acknowledged the sold instrument to be the free and voluntary act and deed of s a i d , 2f).i -zi iL )' - � M/?' 9 • for the uses end purposes that he was authorized to see.! affixed I s the sear N • • therein mentioned, and on oath stated M • execute said instrument, and that the • CLIO Sei ' of sold : cr . • i witness :whereof I hereunto J1. ' • seal.: '• • 9806080935 EXCISE TAX NOT REQUIRED Gerald Bresslour The Boeing Company PO BOX 3707 MC 13 -08 SEATTLE WA 98124 -2207 Underground Easement Grantor: Rhodla Inc., a Delaware corporation McLaughlin, Thomas C. Director, Real Estate & Facilities Management Grantee: The Boeing Company, a Delaware corporation Ormsby, Robert D. Director I &CS Facilities Legal description: CHICAGO TITLE INS. CO. REFINaS 7a 1<4: 1 N5 �d COM n o* anmesa. croft W en* lo kbarhi Musty arld/dr eltosst A PORTION OF LOTS .1 AND 2 OF THE PLAT OF THE MEADOW TRACTS UNRECORDED, AND OF MCNATTS DONATION CLAIM NUMBER 38 IN THE SOUTH ONE -HALF OF SECTION 33, TOWNSHIP 24, WESTERLY OF EAST MARGINAL WAY SOUTH RNO T 4 EAST, W.M. LYING AND BEGINNING 1374.17 FEET SO NORNORTHERLY OF A LINE THE NORTH LINE CLAIM AS MEASURED ALONG THE WEST AST MFR GIN OF EAST SOUTH AND THE TRUE POINT OF BEGINNING. MARGINAL GiAL WAY Assessor's Property Tax Parcel Account Number(s): 542260.0010 RECEIVED SEP 14 225 COMMUNIT DEvELOpmENT 7t0981pkn t •■■..•..... _., «.._.,�.,,.,._ ..... UNDERGROUND EASEMENT The undersigned Grantor, their heirs, successors and assigns (hereinafter together referred to as 'Grantor"), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys and grants to The Hoeing Company, a Delaware corporation, its successors and assigns (hereinafter together referred to as 'Grantee"), a permanent easement over, across, along, in, upon and under the following described property: AN EASEMENT FOR THE PURPOSE OF INSTALLATION, REPAIR AND MAINTENANCE OF AN UNDERGROUND COMMUNICATION SYSTEM BEING A PORTION OF LOTS 1 AND 2 OF THE PLAT OF THE MEADOWS TRACTS UNRECORDED, AND OF MCNATTS DONATION CLAIM NUMBER 38 IN THE SOUTH ONE-HALF OP SECTION 33, TOWNSHIP 24, RANGE 4 EAST, W.M. LYING WESTERLY OF EAST MARGINAL WAY SOUTH AND NORTHERLY OF A LINE BEGINNING 1374.17 FEET SOUTHERLY OF THE NORTH LINE OF SAID DONATION CLAIM AS MEASURED ALONG THE WEST MARGIN OF EAST MARGINAL WAY SOUTH AND THE TRUE POINT OP BEGINNING. THENCE NORTH 89 °27'50" WEST 14.94 PERT; TTEICE NORTH 88 ° 54'59" WEST 486.97 FEET; THENCE NORTH 84•17'04" WEST 117.00 FEET; THENCE SOUTH 83 °57'56" WEST 119.00 FEET; THENCE SOUTH 70'40'29" WEST 110.17 FEET; THENCE SOUTH 61°33'40" WEST TO THE EASTERLY MARGIN OF COMMERCIAL WATERWAY NUMBER ONE; THENCE NORTHWESTERLY ALONG SAID MARGIN TO A POINT 237.76 FEET SOUTHEASTERLY OF THE NORTHWEST CORNER OF TRACT 2 OF SAID SUBDIVISION; THENCE EAST 1053.10 FEET; 'THENCE SOUTH 23'02'00" EAST 46.03 FEET; THENCE EAST 561.38 FEET; THENCE SOUTHEASTERLY TO THIN POINT OF BEGINNING, LESS RAILROAD RIGHT -OF -WAY. SAID EASEMENT AREA BEING A STRIP OF LAND LYING EAST OF MB FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIB® PARCEL THENCE NORTH 88 °51'16' WEST ALONG THE NORTH LINE THEREOF 8.74 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 22'32'15" EAST PARALLEL WITH THE WEST MARGIN OP EAST MARGINAL WAY SOU173 427.47 FEET TO THIN SOUTH LINE OF SAID PARCEL AND POINT OF TERMINUS OF SAID LINE. SAID POINT OF TERMINUS LYING NORTH 88 ° 19'06° WEST 14.94 FEET; THENCE NORTH 85 WEST 12.74 FEET PROM THE SOUTHEAST CORNER OF SAID PARCEL. CONTAINING 4.542 SQUARE FEET OR 0.10 ACRES, MORE OR LESS. Said easement being for the purpose of operating and maintaining, removing, repairing, replacing and using a commwucatnons duct bank with all connections, • •,, 710981lpta 2 : .► manholes and appurtenances thereto, together with the right of ingress to and egress from said described property for the foregoing purposes. Said easement to commence on the date of this instrument and shall terminate after the Grantee ceases to use said easement area. The Grantor and the Grantee mutually covenant and agree as follows: I . Grantee shall, upon completion by Grantee of any repair, or replacement of any facilities described herein, remove all debris and restore the surface of the above - described property as nearly as possible to the condition in which it existed at the date of this agreement. 2. Grantee shall, if the above described property is disturbed by Grantee's maintenance, removal, repair or replacement of the facilities specified herein, restore the surface of the above described property as nearly as possrbk to the condition in which it misted at the commencement of said maintenance, removal, repair or replacement. If the Grantee discovers any substance at the property which is or may us be contamination or hazardous materials, the Grantee shall promptly stop work and notify the Grantor. The Grantor shall be responsible for the ranediation or cleanup of such materials and the Grantee shall reimburse the Grantor to the extent that such contamination was released by the Grantee. 3. Grantee shall protect and save harmless Grantor from any and all claims, demands, loss, damage, expense and liability for death of or injury to arty son, for any damage to or loss or destruction of property whatsoever suffered by Cantor, their heirs, successors and assigns, or by any persons, firms or corporations, to the extent caused by the maintenance of said facilities or by reason of the presence of said facilities on the property of the Grantor. Grantee shall protect and save harmless Grantor from any and all claims, demands, loss, damage, expense and liability for ranediation or cleanup of any contamination released onto the property of the Grantor to the extent arising out of the maintenance of said facilities or yb reason of the presence of said facilities on the property of the Grantor. 4. All right, title, and interest that may be used and enjoyed without interfering with the easement rights herein conveyed are reserved to the Grantor. Except as otherwise provided herein and after the date of this agreement the construction, installation or maintenance by Grantor, its successors or assigns, or any patty acting under authority of Grantor, of any structure, improvement, or equipment, whether temporary or permanent, shall be absolutely prohibited within the above described permanent easement area and shall be deemed an uritaonable interference with the Grantee's easement rights unless specifically approved in writing by the Grantee which approval shall not be unreasonably withheld. Moreover, as to such unapproved structures the obligations of Grantee set out in Paragraph 1, 2 and 3 shall not apply. • 5. Grantor makes no warranty concerning Grantor's title to the above -desc property. DATED this PAday of r l 191L. ,Il Grantor: Rhodie Inc. 'TIC ' "t7!'TT; 110914in 3 r , ' - • Estate & Facilities Management • U1c. CN7S00 Cranbury, NJ 08512 -7500 Grantee: The Boeing Cotpao9 By: Robert b. Ormsby Ti Director I&CS Fealties Boeing Information Space & Defense Systans P.O. Box 3999, MC 8A-97 Seattle, WA 98124-2499 - • , ; . • ' . ! State of Washington ) as. County of King ) On this day personally appeared before me Robert D. Ormsby to me known to be the Director of 1&CS Facilities of the corporation which executed the within and foregoing instnunent, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal (if any) affixed is the corporate seal &said corporation In Witness Whereof I have hereunto set my band and affixed my official seal this Z o day of fit 0 I 99L. 710981 4 ACKNOViLEDGMENT ' iii and for the State of W =Wing at :174.st, My commission expires 4 , • ---, : . • ACKNOWLEDGMENT State of New Jersey ) as. County of hfiddleser ) On this day personally appeared before me lbgmagiQjdraughli to me known to be the iv_ of the corporation which executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mattioned, and on oath stated that he or she was authorized to exaxne said instrument and that the seal (if any) affixed is the corporate seal of said corporation. ln Witness WhereoC I have hereunto set my hand and affixed ray official seal this _211±_kday 0 f 199/ and State of ew Jersey residing at 2Ljfd4 ct.4-4',..e.e My commission wires •. MAIM, O. 1.0.1410 Wetly Polkle, Blots ol Niro barmy • County et Stibillotex Commission Wee* Cletobsr II, 2002 • ems or £W$Q$: •AS+wot• ccostoIAK mp1, warm MIL •43m OM 114A7 ORAMNO BY le P. DC MI e004 G011PMfl' 1l11m: 111aMC + t DRA 1/ 170-102 A!. 7311200308 D E E D THE GPANTOR, Monsanto Company (formerly Monsanto Chemical Company) a Delaware corporation, for and in consideration of the sum of One Hundred Twelve Thousand Eight Hundred Fifty- seven Dollars iSll2,85 7.C3), in nand raid, grants, targains, sells, conveys, and confirms to the Port of Seattle, a municip= :. corporation of the State of Washington, the real estate together with all improvements thereon situated in the County of :!in;, State of Washington, as is more particularly described in Para- graph 1 of Exhibit A, attached hereto and incorporated herein ..y reference. 39174gi G' l RECEIVED '`'LP 14 205 COMMUNITY DEVELOPMENT The Grantor for itself and for its successors and assigns does by these presents expressly limit the covenants of this deed as to the above described property, to those herein expressed, and Y�� ' excludes '•• covenants arising or 10 arise by statutory or other implication, and subject to all exceptions and reservations specified in Exhibit A does hereby covenant that against all persons whomsoever lawfully claiming or to claim by, through or under said Grantor ar.d not otherwise, it will forever warrant and defend the said real estate described in Paragraph I of C. `i . it A AND IN ADDITION, Grantor conveys and quit claims to the Port of Seattle, a municipal corporation of the State of Washington. the real estate together with all improvements thereon situated in the County of Ring, State of Washington, as is more particularly described in Paragraph II of Exhibit A. • • ca i IN WITNL8S wnBkYOY said corporation has caused thia instrument to be executed by its authorized officer and attested by an Assistant Secretary and its corporate seal to be unto affixed this JS t- day of November, 1973. aJ ' = i v / � ` MONSANTO COMPANY / % Cv ' SEAL 1 z; By is Attest 7 /.i ,rr. r fl alNa' STATE OF MISSOURI ) ss. County of St. Louis) On this IC of :November, 1973, before me, the undersig ;.ed, a Notary Public in and for the State cf Missouri. duly commissioned and sworn, personally appeared Ckol o.i . Fl . S ow, wit -r and G. B. to me known to be the C �t}i. &,.. nd an Assistant Secretary, respectively, of Monsanto Company, the 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 they were authorised to execute and attest the said instrument and that the seal affixed is the corpor- ate seal of said corporation. Witness my hand and official seal hereto affixed the . da{ l ars4 yQar first above written. • IA Assistant Secretary NOTA PUBLIC in and or t e State of ' .3 ilr i` c : Missouri, residing • Gii :.. .. EYf - ;it =S A'..;;; UST 1477, i u i 4 X H I B 1 T PAeAC;RAPh I - PARCEL A That portion of the abandoned beds of the Duwamish River lying be- tween the shore line meanders for the left and right banks of the Duwamish River as established by the commissioners for the com- mercial waterway district No. 1 and between the easterly line of the right -of -way of commercial waterway district No. l and the t- e!sterly line of the filled river bed and a portion of adjacent lands to the north. All in the southeast quarter of section 33 township 24 north, range 4 east, w.M., King County, Washington, and described as follows: Beginning on the westerly margin of East Marginal Way South at a pint w;.ich bears N 89° 15' 54' W a distance ui 247C.01 feet along the donation Maim line and S 23° 40' S9' E a distance: of 1 : :4.2. feet along the westerly margin of East Marginal Way South from the intersection of the line between the donation claims of Francis Mc"att and henry Van Asselt with the eat line of section 33, township 24 north, range 4 east, w.M., in Xing County, Washington, said point being at the intersection of the westerly margin of East Marginal Way South with the north line of Van de Vanter stock farm tract; thence :; 59° 27' 50" w a distance of 14.94 feet; thence N 86° 54' 59" W a distance of 486.97 feet; thence N 84° 17' 04" W a distance of 117.00 feet; thence £ 83 57' 56" N a distance of 119.00 feet; thence S 70° 40' 29" W a distance of 110.173 feet to the true point of beginning; thence S 61° 33' 40" W a distance of 840.02 feet, to the easterly line of the right -of -way of commer- cial waterway district No. 1; thence S 15° 00' 00" E along said easterly line a distance of 105.79 feet to a point of intersection with the south - easterly line of that portion of Slip No. 6 hereto - fore conveyed to Monsanto Chemical Company by deed recorded under Auditor's File No. 5C18589; thence northeasterly along boll south - eeeterly line the following courses and distances, N 68° 25' 58" E a distance of 156.30 feet; thence N 57° 44' 50" E a distance of 156.80 feet; thence N 44. 56' 54" E a distance of 91.t.F feet; thence N 59° 16' 27" E a distance of 343.70 feet; thence N 69° 07' 29" E a distance of 121.56 feet to the westerly margin o thy filled river bed of the Duwamish River, being the northerly pro- duction of the centerline of Francis Avenue (now vacated); thence N 27° 58' 19" W along said produced centerline a distance of 87.30 feet to the most northerly corner of said Slip No. 6 and true point of beginning. Containing 79,476 square feet (1.8245 acres) SUBJECT TO existing easement for a storm sewer in favor of King County, Washington, dated March 28, 1932, and recorded April 2. 1932 under County Auditor No. 2716188. RESERVING AND EXCEPTING from this conveyance hereunder the perpetual right and easement (i) to inspect, keep, maintain, repair, reconstruct, replace .,nd relocate three drainage outfall pipelines now lo.:ated on this Parcel A with Monsanto as grantor to bear all costs of the fnre- going maintenance, replacement, etc., thereof; (ii) to discharge water therefrom in and on the property hereby conveyed with Monsanto as grantor to be responsible for compliance with all applicabl: on i vironmental and other laws regarding the discharge of water and to indemnify and save harmless the Port as Grantee from any liability or loss arising from these discharges; ;iii) to enter upon, cross and recross said Parcel A for such purposes; and (iv) to enter upon, cross and recross said Parcel A for purposes of ccnstre•:tion, inspec- tion, maintenance and repair of Grantor's equipment ana facilitita lo- cated on Grantor's adjoining property, provided, however, that the exercise of the rights reserved under this easement shall nc: un- reasonably inrerfere with the use of Parcels A am B by the Grantee. PARAGRAPH II - PARCEL B s D L ' : : I £-4: . That portion of the abandoned beds of the Duwamish River lying be- tween the shore line meanders for the left and right banks of the Duwamish River, as established by the commissioners for the Com- mercial Waterway District ;:o. 1 and between the rastetly boundary of the right of way of Commercial Waterway District No. 1 and the westerly roundary of the filled river bed, all in the southeast quarter of section 33, township 24 north, range 4 east, W. *'., in King County, Washington, described as follows: Commencing at the south quarter corner of said section 33; thence north 890 13' 33.2" west along the south line of said section 33, 715.075 feet to an intersection with the easterly right of way line of Commercial Waterway District No. 1; thence north 15° CC' 00" west along said easterly right of way line 446.92 feet to an intersection with said shore line meander of the left bank of the Duwamish River and the point of beginning; thence continuing north 15° CC' CC" west 79.77 feet; thence northeasterly the following courses and distant s: north 68° 25' 58' eabt 156.80 feet; north 57° 44' 5C" east 156.80 feet; north 44° 56' 54" east 91.66 feet; north 59° 16' 27" east 343.70 feet; north 69° 07' 29" east 121.56 feet to the westerly margin of said filled river bed, being the northerly production of the center line of Francis ;,venue (now vacated) as platted in Moore's Five Acre Tracts, according to plat recorded in volume 9 of plats, page 28, in King County, Washington9qA thence south 27° 58' 19" east along the said produced line 87.30 feet to an intersection with said shore line meander of the left bank of the Duwamish River; thence southwesterly along said shore line meen'"r the fnl.lcnwth9 courses and 'lief-arras: annth F7° 3d' Q 3C" west 160.72 feet; south 58° 51' 19" west 271.66 feet; south i 41° 27' 38" west 68.72 feet; south 54° 41' 20" chat 205.82 feet; south 68° 04' 25" west 156.18 feet; north 80° 44' 38" west 33.45 feet to the point of beginning. Containing 79,477 square feet or 1.8245 acres. 5591648 city of seattle monsanto chemical company betreen the CITY S: Sir-:'2, a municipal corporation, hereieafter er ed the .tits, and 1'7/mant, Chemical Canpene, a rclt—t Corporation, hereinafter called the "Pereittee ", pur,mnt to 'CT 35. and Ordinance '•o. •25317 of the City of Seattle, as :vended by 1r nuance •'o. h'.'%T:55'i 1: THAT, 'r. _! , the above mend p.rnittee hno r crested pc:r' csicn from the City to connect the private serer,. iron the nsal property hereinafter d-_- rired, located in ri a 7aahin_ton, o:taiee tie li •its of the Cie of °cattle, to the !:Sty Saver Slater. in :met "arms! try South; end tl!mnsAS, the City ]t_ineer has detcrrincd that said City "ever `uten has r•_fficient capacity to serve the private rere, req-1 a tents of sn.ie proeerty; -ow, Therefore, in eonaide:-ttion of the eo ver n s herir eontztned, IT IS '_'.'P'AL'L A'Z) between the parties hereto as follows: 1. Upon payment of the prescribed fees and char_es therefor, the City Zn sneer will issue a permit to the Pe:mittee for such private sewers to connect with the Gelatin: City Sewer in rant "areinal Tay Sotth to serve the requirements of the following described real property situated in ?in: Conner, w'ashir._ton, to -wit, Portion of Tracts 1 and 2, the "elders Tacts in "rare!: ••e tiVe ^let. °o. 341, section 33, Township 2L .`orth, ?a^ •e L "y^ , T.•_. as established by Zia- County Superior Court Ca-se "o. 120091, de :rrt^ed as follows, aeeineenr at the intersection of the north line of said donation clai with the east line o_' said :e'tion 33; thence north 29'15'51' west alone said north line 2,170.01 feet; thence south 23'LO'59 east alone the eteterly lie of est "a- ina1 So•th 9.6.7! feet; thence carat 152.3: feet to the true point of beeinrine; thence eortinuinr. west 571.00 feet; thence north 65.00 feet; thence rest 10^.00 feet; thence south 65.00 feet; thence west 309.00 feet; thence eosth 10'16'20" east 280.49 feet; there^_ south 16•20'0^" ear.t 39L.00 feet, thence north 63'30'00" east 455.00 feet to the shoreline of the '1n.: ieh River; thence north 70•10'29" east aloe.:• said shere'Li ^e 311.173 feet; Bence north 83 east a1.suve said shoreli -e 119.00 feet; thence north 335.58 feet to the true point of be' n-ir. also portion of said Tract 1 described as follow:, 9eeirninc at the intereeeticn of the north line of said de atilt ca- with the east line of said Section 33; thanes north 89'15 went alone said south line 2,470.01 feet; thence south 23'U "59' east aloe the reoterly line of test ' a- trial vay Stuth 618.77 feet to the true point of be_inring; thence centinuine a:u :h 23'40'59 east alone said wee ,sly 1'_-e 300 feet; thence nest 549.24 feet; thence rorth 23 west 3 feet; thence east 519.'-1 feet to the true wont of berirt-ir:; e. *.wept the railroad ri.•ht of way. RECEIVED 1 : ? ::25 COMMUNITY DEVELOPMENT 1 /, . such private sewers and connections to be constructed and maintained in accordance with City plans and specifications and under the supervision of the City Engineer without cost or expense to the City. 2. The connection fee cozpcted in accordance with Ordinance 80. 85317 as amended by Ordinance No. 88645 shall be as follower Lateral Sewer Charge 1342.99 'units of property frontage at $7.00 per unit 9,:100.93 Trunk Sewer Charge 663,233 square feet at 2 cents • per square foot 13,264.66 50% surcharge on the above sus 11,332.80 Total tee per Section k of Ordirmnce No. 88645 33,998.39 Credit for estimated cost of Naptrg Plant and Force Main 13,9110.00 Total Connection Pee 20 ,05 .39 In addition to the above connection fee, Permittee will be required to pay the Permit Pees fixed by Ordinance No. 82583. 3. Permittee agrees to pay to the City, when billed by said City, the monthly basics sewerage utility charge, t with the Metr: surcharge, as fixed by ordinance of the City for property located outside the city limits. k. Such permit stall not authorise other property to be served through such eeisection, and the owners of other property must execute • similar agreement and obtain a permit from the City Engineer therefor. 5. Permittee agrees that, in the event Permittee should default in the performance of its duties and obligations under this agreement and should Permittee fail to cure or proceed with due diligence to cure such default within a period of 30 days after written notice thereof by the City to Permittee, the City Engineer may disconnect the private sewers serving the property herein described from the City sewerage system, and for that purpose said Permittee hereby authorizes the City Engineer to enter upon his pzeaises; and Permittee further agrees that in such event the payments previously made for such connections will be forfeited to the City with no credit allowed therefor, if such property is later reconnected to the City sewerage system upon approval of a new application therefor. t. I , • 6. This agreement is hereby declared to be and shall constitute a covenant running with the above described land binding upon Peraittee, its successors and assigns, and upon any parties subsequently acquiring any right, title or interest in said property, and when executed shall be filed for record in the office of the Auditor of Sing County, Washington, by the City. 7. Three copies of this agreement shall be executed by the parties, one co to be recorded as prescribed in Section 6 hereof and thereafter to be filed in the office of the City Comptroller of the City; the second copy to be delivered to the City Inclose: for the records of his office; and the third copy to be delivered to Peraittes. BY i J�:} 4 - 1963 IN W ' = W MCEO the parties hereto have executed theme presents in triplicate the day and year fir_t atcve written. Monsanto Che- Company Cl: 0 0 Vic(' President STATE OF wyog) City En._ineer ) ee COUNTY GP I= ) 4.1 On this J.L day of 1 9e3,• =afore x personally appeared ! IiOY W. MoR3E, to ma lmovn to be the City EM of the municipal corporation that executed the within and f orecoinc instrument, and aeknovkd -ed said instrument to be the flee and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned and on oath 'stated that he vas authorized to execute maid instrument by Ordinance Re. 8 5317, as amended by Ordinance Re. 98$45. TN YI+10SS WHEREOF, I have heretmto set my hand and affixed my official seal the day and year first above written. MATZ Of MISSOURI se COUNTY at 3T. I0713 ) On this 23rd day of May 19 63, before me personally appeared J. R. Sok to me knave to be the Vice President ration that executed the within and tost� of the eorpo. o ins instrument ' and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the use and purposes therein mentioned, and each on oath stated that he vas authorised to execute said instrument and that the seal affixed is the corporate seal of said corporation. II WITNESS WHEREOF, I have beseurto set my hand and affixed iy official seal the day and year first above written. ;'U = .. tA_� w art' lic in and for the State y of 1SIIIz{iT1, residing at t � :.. CC.'A : ::i�tj : icy ^ 7 • 1: v e c s Li 10 So db3:if :t iii::_ .D smut T!!E CITY or MATTIS County, Mo. John Greene Esq CA1tNLY BADLFY SMI ill & SI'ELLMAN. P S 700 Fifth Avenue. Suite 5800 Seattle. WA 9K 104 -5017 Document Title(s) (or transactions contained therein) • Iiii f ►I 1 � �;ii �2002012300 FIRST AMERICAN MEMO 12.10 PM 001 OF 004 NI Memorandum of Lease Reference Numbei(s) of Documents assigned or released c•s. NONE Q Grantor (s) /Owner(s) (Last name first, then first mine and initials) era Container Properties. L L C , a Washington limited liability compam ✓ as the Landlord • • Grantee(s) /Claimant(s)• (Last name first then first name and initials) • Northwest Container SLrviccs Inc a Oregon coiporation, as the Tenant Abbreviated Legal Desci iption as follows- 0, iouM 1, , },i.,, ar.,,,,,,,,a„„„ v„1„ , r, ,,, t.? 4I,,.,,,,,1 Portions of Lots 1 -2 The Mendows Tracts, uni ecorded, King County, Washington Complete legal descnption is on page 2 of document as Exhibit A Assessor's Propei ty Tax Parcel/Account Number(s) 542260- 0010 -04 RECEIVED SEP 14 205 COMMUNITY DEVELOPMENT NOTE The andiron , ecru der will rely on the information an 1 /re form the Wolf ii rll not b url thy (locomen! to verify the accuracy or r anrplelencs % of the antrum! rnfurnrnnun pros alert hereto MEMORANDUM OF LEASE Pursuant to the provisions of Wash Rev Code §65 08 060 and §65 08 070, notice is hereby given of the following lease (the "Lease ") LANDLORD TENANT DATE OF EXECUTION TERM OF LEASE DEMISED PREMISES nor011 0011 6i514424 virnn CONTAINER PROPERTIES, L L C , a Washington limited liability company NORTHWEST CONTAINER. a Oregon corporation July 10, 1998 ASSESSOR'S PROPERTY TAX 4/ACCOUNT NUMBER 542260- 0010 -04 o Executed under seal this /7 day of Commencing July 10. 1998 and expirina July 9. 2013 Commercial property and improvements at 9229 East Marginal Way S , Tukwila, WA Legally described as on the attached Exhibit A c den This instrument is executed as a notice of the aforesaid Lease and is not intended or vr- shall it be deemed to vary or govern the interpretation of the terms and conditions thereof CONTAINER PROPERTIES, L L C , a Washington limited lia ilrty .mp. s the Landloid By NORTHWEST CONTAINER SERVICES, INC , a Oiegon Corporation, as the Tenant By ame Title user , 2002 -d T Paddy STATE OF WASHTNGTON COUNTY OF KING • • 1, the undersined, a Notary Public in and for the County and State atuicsard, HEREBY CERTIFY, that the above named R,d,cipra J Ri CONTAINER PROPERTIES, LL C, a Washington limited liability company. peisonally known to me to be the same person whose name is subset ibed to the forgoing instrument ors such �'Y1e r16,er , appeared before me this day in person and acknowledged that he /the signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said Corporation for the uses and purposes therein set foi th Given u`krlr / rand and Notary Seal this �` so M tp, p � . i .o . �' \ t , 1 .• a 0 C I, the undersigned, a Notary Public in and foi the County and State atoi esaid, r., HEREBY CERTIFY, that the above named j CA., ti J of NORTI 1WEST CONTAINER SERVICES, INC , a Oregon corporation, peisonally known to me to be the same person whose name is subscribed to the forgoing instrument as such C.L 0 , appeared before me this day in person and acknowledged that he /she signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said Corporation for the uses and purposes therein set fold) Given under my hand and Notaiv Seal this J7 day of as , 2 002 STATE OF WASHINGTON COUNTY OF KING 0 0111111 no, ` �\y ..�,ssicnE ti, SA%i • I is ,A 047 01- AV / � //111111 6 north QU I I cid i 1x4 1 l G.(,2 day of Lc. ft . i / /DsCd�ti Nota Public /o a 1 No-et/e My Commission Expires /o /Si ,/ GQ'P�-" Notic�ry Public Sy har v. lnncs My Commission Expires is //2103 . 3002 Line A Line B • • EXHIBIT A LEGAL DESCRIPTION The Land is located in King County, Washington, and is legally described as follows That portion of Tracts 1 and 2 of THE MEADOWS, according to the partition map of part of the Francis McNatt Donation Land Claim no 38 filed in King County Superior Court Cause Number 120091, and of the abandoned bed of the Duwanush River, all located in Section 33, Township 24 North, Range 4, East, Willamette Meridian, in King County, Washington, and all lying westerly of the westerly margin of East Marginal Way South and also westerly of the parcel of land adjoining East Marginal Way which was conveyed to Great Northern Railway Company by deed recorded under recording number 4784818, lying easterly of the easteily margin of the nght of way of Commercial Wateiway District No 1 (Duwamish Wateiway), lying southerly of the heieinafter described "Line A ", and lying northerly of the hereinafte* •+escribed "Line B" Beginning on the westerly margin of East Marginal Way South, which point bears north 89°15'54" west a distance of 2470 01 feet along the Donation Claim line and south 23°40'59" east a distance of 648 77 feet along the westerly margin of East Marginal Way South from the intersection of the line between the Donation Claims of Francis McNatt and Henry Van Asselt with the east line of Section 33, Township 24 North, Range 4 East, Willamette Meridian, in King County, Washington, running thence west a distance of 1574 72 feet to the cast line of Commercial Wateiway No 1, thence south 15 °00'00" east along said easterly line a distance of 237 76 feet to the True Point Of Beginning of said "Line A ", thence east a distance of 1053 feet, thence south 23 °02'00" east a distance of 46 03 feet, thence east a distance of 56138 feet to the westerly margin of East Marginal Way South and the terminus of said "Line A ", Beginning on the westerly margin of East Marginal Way South at a point which bears north 89 °15'54" west a distance of 2470 01 feet along the Donation Claim line and south 23 °40'59" east a distance of 137417 feet 20020123003031 After Recording Mail To: U.S. Bank National Association 1420 Fifth Avenue, 11 Floor P.O. Box 720, WWH 395 Seattle, Washington 98111-0720 Attn: Michelle Goerdel LEGAL DESCRIPTION: 111111 2002 23003031 FIRST AMERICAN DT 80.6a 61/23/1602 x' F 16 23 KING CODUNTY, NA (Fixture Filing) LEASEHOLD DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT (Security for Construction Loan) Coversheet Recording Information: GRANTOR: NORTHWEST CONTAINER SERVICES, INC.,. an Oregon Corporation GRANTEE: U.S. BANK NATIONAL ASSOCIATION,. a national banking association TRUSTEE: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION SECTION 33 TOWNSHIP 24 RANGE 4E; LOTS 5- 8 BLOCK 28 & BLOCKS 29 -30, LADD'S FIRST ADD., VOL. 10, P. 75 The complete legal description is on Exhibit B -1 and B -2. ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBERS: 542260- 0010 -04; 395890- 1315 -05 RECEIVED SEP 1.4 Eli COMMUNITY DEVELOPMENT DEED OF TRUST (12127.5149/SB013340.1301 Execution Copy en Crl Cni • • DEED OF TRUST [ 12167.5 149/3$013340.130] TABLE OF CONTENTS 1. TITLE AND USE 4 1.1 Warranty of Title 4 1.2 NonAgricultural Use; Commercial Loan 4 2. GRANTOR'S COVENANTS 4 2.1 Payment and Performance of Secured Obligations 4 2.2 Payment of Taxes, Utilities, Liens and Charges 5 (a) Taxes and Assessments 5 (b) Utilities 5 (c) Labor and Materials 5 (d) Liens and Charges 5 (e) Taxes, Assessments and Other Charges Imposed on Beneficiary 5 2.3 Insurance 6 (a) Coverages Required 6 (b) Policies 6 (c) Payment; Renewals 7 (d) Application of Insurance Proceeds 7 (e) Application of Insurance Proceeds to Restoration 8 (f) Transfer of Title 8 2.4 Preservation and Maintenance of Property; Right of Entry 9 (a) Preservation and Maintenance 9 (b) Alterations 9 (c) Right of Entry 9 2.5 Parking 9 2.6 Use of Property 10 2.7 Condemnation 10 (a) Proceedings 10 (b) Application of Condemnation Proceeds 10 2.8 Protection of Beneficiary's Security I0 2.9 Reimbursement of Beneficiary's and Trustee's Expenses 11 2.10 Books and Records on Property 11 2.11 Leasehold Provisions 11 3. RESERVES 16 3.1 Deposits 16 3.2 Application of Deposits 16 3.3 Adjustments to Deposits 16 PAGE i Execution Copy • . 3.4 Conditional Waiver 17 4. RESTRICTIONS ON TRANSFER OR ENCUMBRANCE 17 5. UNIFORM COMMERCIAL CODE SECURITY AGREEMENT 17 5.1 Grant to Beneficiary 17 5.2 Beneficiary's Rights and Remedies 18 6. ASSIGNMENT OF RENTS AND LEASES 18 6.1 Assignment of Rents and Leases 18 6.2 Collection of Rents 19 6.3 Grantor's Representations and Warranties 19 6.4 Leases of the Property 20 crs 6.5 Beneficiary in Possession; Appointment of Receiver 20 6.6 Application of Rents 2I C'' 6.7 Deficiencies 21 N 6.8 Beneficiary Not Mortgagee in Possession 21 c 6.9 Enforcement 21 cv 7 CREDIT AGREEMENT 22 O 7.1 Advances 22 7.2. Assignment of Claims 22 7.3. Default Under the Credit Agreement 22 8. EVENTS OF DEFAULT 22 8.1 Events of Default 22 8.2 Inapplicability of Cure Periods 24 8.3 Form of Notice 24 9. REMEDIES . 24 9.1 Acceleration Upon Default; Additional Remedies 24 9.2 Prepayment Premium 25 9.3 Exercise of Power of Sale 25 9.4 Application of Sale Proceeds 25 9.5 Waiver of Order of Sale and Marshalling 26 9.6 Nonwaiver of Defaults.. 26 9.7 Expenses During Redemption Period 26 9.8 Foreclosure Subject to Tenancies 26 9.9 Remedies Cumulative 26 9.10 Beneficiary's and Trustee's Expenses 27 10. GENERAL 27 10.1 No Offset 27 10.2 Application of Payments 27 10.3 Appraisal Costs 28 DEED OF TRUST PAGE ii [12187- 5149!SB013340.130] Execution Copy 10.4 Imposition of Tax 28 I0.5 Reconveyance 28 10.6 Successor Trustee 28 10.7 Beneficiary's Powers 29 10.8 Subdivision 29 10.9 Subrogation 29 10.10 Limitation on Interest and Charges 29 10.11 Additional Documents; Power of Attorney 30 10.12 Waiver of Statute of Limitations 30 10.13 Forbearance by Beneficiary Not a Waiver 30 10.14 Entire Agreement; Modifications and Waivers 30 10.15 Notice 31 10.16 Governing Law; Severability; Captions 31 10.17 Definitions 31 10.18 Successors and Assigns; Agents 31 10.19 Number; Gender 31 10.20 Time 32 10.21 Request for Notice 32 10.22 Assignment of Loan Documents 32 10.23 Estoppel Certificate 32 10.24 Certain Obligations Unsecured 32 DEED OF TRUST [12187- 5149/SB013340.130] • PAGE iii Execution Copy DEED OF TRUST [ 12187- 5149/SB013340.130] DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT (Security for Construction Loan) (Fixture Filing) THIS DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, AND SECURITY AGREEMENT ( "Deed of Trust ") is made this 17- day of January, 2002, by Grantor, NORTHWEST CONTAINER SERVICES, INC., an Oregon corporation, ( "Grantor ") whose mailing address is 11920 N. Burgard Road, Portland, Oregon 97203. The Trustee is U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, whose mailing address is 1420 Fifth Avenue, 8th Floor, Seattle, Washington 98101. The Beneficiary is U.S. BANK NATIONAL ASSOCIATION, a national banking association ( "Beneficiary"), whose mailing address is 1420 Fifth Avenue, 11` Floor, P.O. Box 720, WWH395, Seattle, Washington 98111-0720. For purposes of Article 9 of the Uniform Commercial Code (RCW 62A.9), this Deed of Trust constitutes a Security Agreement with Grantor being the Debtor and Beneficiary being the Secured Party. This Deed of Trust also constitutes a Financing Statement filed as a fixture filing pursuant to Article 9 of the Uniform Commercial Code, RCW 62A.9- 402(6). In consideration of the loan ( "Loan ") evidenced by the Notes described below, Grantor hereby irrevocably GRANTS, TRANSFERS, CONVEYS and ASSIGNS to Trustee, IN TRUST, WITH POWER OF SALE, all of Grantor's present and future estate, right, title, claim and interest, either in law or in equity, in and to the following property ( "Property "): (a) All of the Grantor's interest and rights in, to and under those certain leases more particularly described on Exhibit A (each a "Property Lease" and collectively, "Property Leases ") covered certain parcels of real property and the improvements located thereon and each parcel more particularly described on Exhibit B -1 an Exhibit B -2 (in each case and collectively, the "Land "). If Grantor hereafter acquires fee simple title or any other estate or interest in a portion of the Land that is subject to a Property Lease, no merger of the leasehold estate of Grantor with the fee simple estate of the lessor under that Property Lease shall occur, but the fee simple estate or any other interest or estate hereafter acquired by Grantor shall immediately become subject to the lien of this Deed of Trust, and Grantor shall, immediately on request by Beneficiary execute, acknowledge and deliver any instruments Beneficiary may reasonably request to carry out the purpose and intent of this paragraph and to give notice thereof. PAGE 1 Execution Copy (b) All of Grantor's interest and rights in, to and under that certain City of Seattle Permit SU #X6609, dated January 14, 2002, issued by the City of Seattle ( "Permit "). (c) All of Grantor's interest in the Land, together with all other right, title and interest Grantor may now have or acquire in or to the Land or under the Property Leases, whether created by or arising under the Property Leases or otherwise acquired, including, without limitation, all rights of first refusal and options to purchase or lease the Land or any portion thereof or interest therein set forth in the Property Leases, all rights and interests of Grantor in any bankruptcy proceeding involving the lessor under the Property Leases, and any greater estate in the Land owned or hereafter acquired. (d) All buildings, improvements and tenements now or hereafter located on the Land ( "Improvements "), including, without limitation, all fixtures, articles and accessions of property attached to, or used or adapted for use in the ownership, development, operation or maintenance of the Land and Improvements (whether such items are leased, owned or subject to any title- retaining or security instrument); all heating, cooling, air - conditioning, ventilating, refrigerating, plumbing, generating, power, lighting, laundry, maintenance, incinerating, lifting, cleaning, fire prevention and extinguishing, security and access control, cooking, gas, electric and communication fixtures, equipment and apparatus; all engines, motors, conduits, pipes, pumps, tanks, ducts, compressors, boilers, water heaters and furnaces; all ranges, stoves, disposals, refrigerators and other appliances; all escalators and elevators, baths, sinks, all cabinets, partitions, mantels, built -in mirrors, window shades, blinds, screens, awnings, storm doors, windows and sash; all carpeting, underpadding, floor covering, paneling, and draperies; all furnishings of public spaces, halls and lobbies; and all shrubbery and plants. All such items shall be deemed part of the Land and not severable wholly or in part without material injury to the freehold. (e) All of the present and future rents, revenues, issues, accounts, general intangibles, profits and income of the Land and Improvements, and all present and future leases and other agreements for the occupancy or use of all or any part of the Land and Improvements, including, without limitation, all cash or security deposits, advance rentals and deposits or payments of similar nature, and all guarantees of tenants' or occupants' performance under such leases and agreements. (f) All tangible and intangible personal property now or hereafter used or acquired in connection with the ownership, development, operation or maintenance of the Land and Improvements, including, without limitation, all furniture, furnishings, equipment, supplies and other goods, wherever located, whether in the possession of Grantor, warehousemen, bailee or any other person; all site plans, plats, architectural plans, specifications, work drawings, surveys engineering reports, test borings, market surveys, and other similar work products; all permits, licenses, franchises and trade names; all contract rights (including, without limitation, all architectural, construction, engineering, consulting and management contracts, all DEED OF TRUST PAGE 2 [12187.3149/SB013340.1301 Execution Copy insurance policies, and all performance, payment, completion and other surety bonds); and all claims, causes of action, warranties, accounts receivable, escrow accounts, insurance policies, deposits (including tax, insurance and other reserves), instruments, documents of title, general intangibles and business records. (g) All present and future monetary deposits given to any public or private utility with respect to utility services furnished to the Land or the Improvements. (h) All proceeds (including claims and demands therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, the insurance proceeds and condemnation awards. (i) All proceeds of the foregoing. TO SECURE THE FOLLOWING ( "Secured Obligations "): (1) Payment of the sum of $5,000,000, with interest thereon, according to the terms and provisions of a promissory note ( "Revolving Note ") of even date, made by Grantor and payable to Beneficiary. (2) Payment of the aggregate sum of $500,000, with interest thereon, according to the terms and provisions of those certain promissory notes ( "Equipment Notes," and collectively with the Revolving Note, the "Notes "), from time to time, made by Grantor and payable to Beneficiary. (3) Payment of all other sums which are or may become owing under the Loan Documents (as hereinafter defined). DEED OF TRUST (12187- 5149/SB013340.1301 (4) Performance of all other obligations under the Loan Documents. (5) Any and all obligations of Grantor to Beneficiary under or related to any Rate Swap Transaction entered into between Beneficiary and Grantor relating to the Loan, including, without limitation, any payments on Early Termination under any Swap Agreement or Confirmation. Capitalized terms used in this subsection (5) are defined in the 1991 ISDA Definitions, published by the International Swap Dealers Association, Inc. As used herein, the term "Loan Documents" means the Notes, this Deed of Trust, the Credit Agreement ( "Credit Agreement ") between Beneficiary and Grantor of even date herewith, and the Security Agreement between Beneficiary and Grantor of even date herewith, and all related documents and instruments, (except the "Indemnity Agreement" dated the same as this Deed of Trust and executed by Grantor in favor of Beneficiary), and any and all modifications, extensions, renewals and replacements thereof. The Secured Obligations may PAGE 3 Execution Copy be indexed, amended, modified, adjusted, renewed or renegotiated. Grantor's obligations under the Indemnity Agreement are not secured by this Deed of Trust. • GRANTOR HEREBY REPRESENTS, WARRANTS, COVENANTS AND AGREES AS FOLLOWS: 1. TITLE AND USE 1.1 Warranty of Title Grantor warrants, represents, covenants and agrees as follows: (a) Grantor holds marketable title to the Property with the full right and power to grant, convey and assign the Property; (b) the Property is free from liens, encumbrances, exceptions and other charges of any kind whatsoever, except for the Permitted Exceptions; (c) no other lien or encumbrance, o whether superior or inferior to this Deed of Trust, shall be created or suffered to be created by Grantor without the prior written consent of Beneficiary; (d) no default on the part of Grantor or any other person exists under any of the Permitted Exceptions and all of the Permitted yr' Exceptions are in full force and effect and in good standing, without modification; CNI (e) complete and current copies of the Permitted Exceptions have been furnished to Beneficiary, and none of them have been or will be modified by Grantor without Beneficiary's c.► prior written consent; (f) Grantor shall fully comply with all the terms of the Permitted Exceptions and shall deliver to Beneficiary a copy of all notices delivered in connection with the Permitted Exceptions; (g) Beneficiary has the right to contact the other parties to the Permitted Exceptions to confirm the status thereof, and Grantor shall, from time to time, at the request of Beneficiary, request of such parties a certificate confirming such information regarding the Permitted Exceptions as Beneficiary may request; and (h) Grantor shall forever warrant and defend the Property unto Beneficiary against all claims and demands of any other person whatsoever, subject only to nondelinquent taxes and assessments and the Permitted Exceptions. As used in this Deed of Trust, "Permitted Exceptions" means the exceptions to title to the Property set out in Exhibit B of the policy of title insurance issued to Beneficiary with respect to this Deed of Trust. 1.2 NonAgricultural Use; Commercial Loan Grantor represents and warrants to Beneficiary that (a) the Property is not used principally for agricultural purposes and (b) the loan secured by this Deed of Trust was not made primarily for personal, family or household purposes. DEED OF TRUST [12187-5149/SB013340.130] PAGE 4 Execution Copy 2. GRANTOR'S COVENANTS 2.1 Payment and Performance of Secured Obligations Grantor shall pay when due all sums which are now or which may become owing under the Notes, and shall pay and perform all other Secured Obligations in accordance with their terms. 2.2 Payment of Taxes, Utilities, Liens and Charges (a) Taxes and Assessments Except as the same may otherwise be paid under Section 3, Grantor shall pay when due directly to the payee thereof all taxes and assessments (including, without limitation, nongovernmental levies or assessments such as maintenance charges, owner association dues or charges, or fees, levies or charges resulting from covenants, conditions or restrictions) levied, assessed or charged against or with respect to the Property or this Deed of Trust. Upon request, Grantor shall promptly furnish to Beneficiary all notices of amounts due under this subparagraph and all receipts evidencing such payments. DEED OF TRUST [12187- 5149/SB013340.130) (b) Utilities (c) Labor and Materials Grantor shall pay when due all utility charges and assessments for services furnished the Property. Grantor shall pay when due the claims of all persons supplying labor or materials to or in connection with the Property. (d) Liens and Charges Grantor shall promptly discharge any lien, encumbrance or other charge, whether superior or inferior to this Deed of Trust, which may be claimed against the Property; provided that Grantor shall have the right to contest the amount or validity in whole or in part of any lien, encumbrance or other charge against the Property by appropriate proceedings conducted in good faith and with due diligence, in which event Grantor, upon prior written notice to Beneficiary, may postpone or defer payment of such lien, encumbrance or other charge so long as (i) such proceedings shall operate to prevent the collection of the lien, encumbrance or other charge; (ii) neither the Property nor any part thereof will, by reason of such postponement or deferment, be in danger of being forfeited or lost; and (iii) Grantor, before the date such lien, encumbrance or other charge becomes delinquent, gives such PAGE S Execution Copy reasonable security as may be requested by Beneficiary to ensure payment thereof and prevent any forfeiture or loss of the Property or any part thereof. If, at any time after the date of this Deed of Trust, any law is enacted or changed (Including any interpretation thereof) which subjects Beneficiary to any increase in any tax (except federal income taxes), assessment or other charge, in any form measured by or based on any portion of the indebtedness secured by this Deed of Trust, Grantor shall pay such increased amount to Beneficiary on demand; provided that if any such payment would be unlawful, Beneficiary may declare all accrued interest and the entire principal balance of the Notes immediately due and payable. Property: (e) Taxes, Assessments and Other Charges Imposed on Beneficiary 2.3 Insurance (a) Coverages Required Grantor shall keep the following insurance coverages in effect with respect to the (1) Insurance against loss by fire and the hazards now or hereafter embraced by the standard "All Risk" form of insurance, in an amount equal at all times to the full insurable value of the Improvements. All such insurance coverage shall contain a "replacement cost endorsement" without reduction for depreciation, and shall also contain loss of rents and/or business interruption insurance coverage, a fluctuating value endorsement with a waiver of the co- insurance clause (or an agreed amount endorsement with an inflation guard endorsement), and shall contain such other endorsements as Beneficiary may reasonably request. All such endorsements shall be in form and substance satisfactory to Beneficiary. (2) Commercial general liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Property in amounts and on terms acceptable to Beneficiary. (3) Flood insurance in an amount satisfactory to Beneficiary and on terms satisfactory to Beneficiary if the Land is located in a designated flood hazard area. (4) Rental and/or business interruption insurance for a period of not less than twelve months in amounts and otherwise on terms satisfactory to Beneficiary. (5) Insurance against such similar or other hazards, casualties, liabilities and contingencies, in such forms and amounts, as Beneficiary may from time to time reasonably require. DEED OF TRUST PAGE 6 [1 2 1 87- 5 1 49/SB013340.130] Execution Copy (b) Policies Each insurance policy shall be with a company and in a form acceptable to Beneficiary. Each hazard insurance policy shall include a Form 438BFU or equivalent mortgagee endorsement in favor of Beneficiary. Each liability insurance policy shall name Beneficiary as an additional insured. All required policies will provide for at least ten days' written notice to Beneficiary prior to the effective date of any cancellation or material amendment, which term shall include any reduction in the scope or limits of coverage. Grantor shall furnish to Beneficiary the original of each required insurance policy, or a certified copy thereof together with a certificate of insurance setting forth the coverage, the limits of liability, the carrier, the policy number and the expiration date. As security for the Secured Obligations, Grantor hereby assigns to Beneficiary all required insurance policies, together with all proceeds thereof, rights thereto and all unearned premiums returnable upon cancellation. e+7 t=. (c) Payment; Renewals Grantor shall promptly furnish to Beneficiary all renewal notices relating to insurance policies. Except as the same may otherwise be paid under Section 3, Grantor shall pay all premiums on insurance policies directly to the carrier. At least 30 days prior to the expiration date of each such policy, Grantor shall furnish to Beneficiary a renewal policy in a form • acceptable to Beneficiary, together with evidence that the renewal premium has been paid. In the event of any material loss, Grantor shall give prompt written notice thereof to the insurance carrier and Beneficiary. Grantor hereby authorizes Beneficiary as Grantor's attorney -in -fact to make proof of loss, to adjust and compromise any claim, to commence, appear in and prosecute, in Beneficiary's or Grantor's name, any action relating to any claim, and to collect and receive insurance proceeds; provided, however, that Beneficiary shall have no obligation to do so. Beneficiary shall apply any insurance proceeds received by it hereunder first to the payment of the costs and expenses incurred in the collection of the proceeds and then, in its absolute discretion and without regard to the adequacy of its security, to: (1) The payment of the Secured Obligations, whether then due and payable or not. Any such application of proceeds to principal on the Notes shall be without the imposition of any prepayment fee otherwise payable under the Notes, but shall not extend or postpone the due dates of the installment payments under the Notes, or change the amounts thereof; or (2) The reimbursement of Grantor, under Beneficiary's prescribed disbursement control procedures, for the cost of restoration or repair of the Property. DEED OF TRUST (12187- 5149/S)3013340.130J (d) Application of Insurance Proceeds PAGE 7 Execution Copy M Crj 0 0 • • Beneficiary may, at its option, condition the reimbursement on Beneficiary's approval of the plans and specifications of the reconstruction, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialmen, and such other evidence of costs, percentage completion of construction, application of payments and satisfaction of liens as Beneficiary may reasonably require. Except to the extent that insurance proceeds are applied to payment of the Secured Obligations, nothing herein contained shall be deemed to excuse Grantor from restoring, repairing or maintaining the Property as provided in Section 2.4, regardless of whether or not there are insurance proceeds available or whether any such proceeds are sufficient in amount. (e) Application of Insurance Proceeds to Restoration Notwithstanding the provisions of Section 2.3(d), Grantor, rather than Beneficiary, shall have the right to direct the application of insurance proceeds to payment of the Secured Obligations or to repair or restoration of the Property upon satisfaction of the following conditions: (1) There is then no Event of Default nor any event or condition which would be an Event of Default if not cured within the time allowed. o (2) If the proceeds are to be applied to repair or restoration then in addition to the matters required under Section 2.3(d)(2) above, Beneficiary shall have approved each of the following with respect to the repair or restoration: (i) the construction contract, and if required by Beneficiary, payment and performance bonds with dual obligee rider; (ii) evidence that the insurance proceeds are adequate to restore the Property to its condition immediately prior to the casualty, and if insufficient, the deficiency shall be deposited with Beneficiary for disbursement prior to disbursement of insurance proceeds; (iii) evidence that Grantor has funds sufficient to pay operating expenses, taxes, debt service and other carrying costs of the Property through the period of repair or restoration; (iv) evidence that upon such repair or restoration the Property will be in compliance with all applicable laws, ordinances and regulations; (v) evidence that such repair or restoration of the Property will be completed at least 30 days before the current maturity date under the Notes; and (vi) evidence that upon the completion of any such repair or restoration the Property will produce sufficient income and be of sufficient value to be adequate security for the Secured Obligations. (3) Each disbursement shall be made in accordance with and subject to the provisions of the Credit Agreement. DEED OF TRUST [121874149/S8013340.130] PAGE 8 Execution Copy (f) Transfer of Title (4) Grantor shall execute and deliver to Beneficiary such additional security documents and instruments as Beneficiary deems necessary to continue and to perfect Beneficiary's security interest in the Property. If the Property is sold pursuant to Section 4 or if Beneficiary otherwise acquires title to the Property, Beneficiary shall have all of the right, title and interest of Grantor in and to any insurance policies and unearned premiums thereon and in and to the proceeds resulting from any damage to the Property prior to such sale or acquisition. 2.4 Preservation and Maintenance of Property; Right of Entry (a) Preservation and Maintenance yrs i°1 Grantor represents and warrants that the Improvements are free from damage caused ' by fire or other casualty. Grantor shall (i) not commit or suffer any waste or permit any • impairment or deterioration of the Property, (ii) not abandon the Property, (iii) restore or - repair promptly and in a good and workmanlike manner all or any part of the Property to the ✓ equivalent of its original condition, or such other condition as Beneficiary may approve in ,N writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds • are available to cover in whole or in part the costs of such restoration or repair, (iv) keep the - Property, including, fixtures, equipment, machinery and appliances thereon, in good condition and repair and shall replace fixtures, equipment, machinery and appliances of the Property when necessary to keep such items in good condition and repair, and (v) generally operate and maintain the Property in a commercially reasonable manner. None of the Improvements shall be structurally altered, removed or demolished, in whole or in part, without Beneficiary's prior written consent. Beneficiary shall not unreasonably withhold or delay its consent to minor structural alterations if Grantor furnishes plans and assurances that the work will be completed in good workmanlike quality and Beneficiary determines in its reasonable business judgment that the value of the Property will not be materially and adversely affected. Grantor shall not remove any fixture or chattel covered by this Deed of Trust and adapted to the use and enjoyment of the Property at any time without Beneficiary's prior written consent unless actually replaced by an Article of equal suitability which is owned by Grantor free and clear of any lien or security interest. DEED OF TRUST (12187- 5149/SB013340.1301 (b) Alterations PAGE 9 Execution Copy trrS 0 • O t= 2.5 Parking DEED OF TRUST (11187- 3149/55013340.130) (c) Right of Entry Beneficiary is hereby authorized to enter the Property, including the interior of any structures, at reasonable times and after reasonable notice, for the purpose of inspecting the Property to determine Grantor's compliance with this Section. If any part of the automobile parking areas included within the Property is taken by condemnation, and before the parking areas are diminished for any other reason, Grantor shall take all actions as are necessary to provide parking facilities in kind, size and location to comply with all governmental zoning and other regulations and all leases. Before making any contract for substitute parking facilities, Grantor shall furnish to Beneficiary satisfactory assurance of completion thereof free of liens and in conformity with all government zoning and other regulations. 2.6 Use of Property Grantor represents and warrants to Beneficiary that the Land, the Improvements and their intended use by Grantor comply with all applicable restrictive covenants, zoning and subdivision laws, ordinances, regulations and legal requirements, building codes, flood disaster laws, applicable health and environmental laws and regulations and all other laws, ordinances, regulations, orders and legal requirements issued by any state, federal or municipal authority having or claiming jurisdiction over the Property. Grantor shall comply with all laws, ordinances, regulations and requirements of any governmental body, and all other covenants, conditions and restrictions applicable to the Property and its intended use, and pay all fees and charges in connection therewith. Unless required by applicable law or unless Beneficiary has otherwise agreed in writing, Grantor shall not allow changes in the use for which all or any part of the Property was intended at the time this Deed of Trust was executed. Grantor shall not initiate or acquiesce in a change in the zoning classification of the Property without Beneficiary's prior written consent. 2.7 Condemnation (a) Proceedings Grantor shall promptly notify Beneficiary of any action or proceeding relating to any condemnation or other taking (including, without limitation, any change in the grade of the Property), whether direct or indirect, of the Property or part thereof or interest therein, and Grantor shall appear in and prosecute any such action or proceeding unless otherwise directed by Beneficiary in writing. Grantor authorizes Beneficiary, at Beneficiary's option, as attorney - in -fact for Grantor, to commence, appear in and prosecute, in Beneficiary's or Grantor's PAGE 10 Execution Copy • name, any action or proceeding relating to any such condemnation or other taking, and to settle or compromise any claim in connection with such condemnation or other taking. All awards, payments, damages, direct, consequential and otherwise, claims and proceeds thereof, in connection with any such condemnation or other taking, or for conveyances in lieu of condemnation, are hereby assigned to Beneficiary, and all proceeds of any such awards, payments, damages or claims shall be paid to Beneficiary. (b) Application of Condemnation Proceeds Beneficiary shall apply any such proceeds in the manner and upon the terms and conditions set forth in Section 2.3(d) relating to the application of insurance proceeds. 2.8 Protection of Beneficiary's Security Grantor shall give notice to Beneficiary of and shall appear in and defend any action or proceeding that may affect the Property, the interests of Beneficiary or Trustee therein, or the rights or remedies of Beneficiary or Trustee under the Loan Documents. If any such action or en proceeding is commenced and there is an uncured Event of Default, or Grantor fails to .-. perform any of the Secured Obligations, Beneficiary or Trustee may, at their option, make any cz appearances, disburse any sums, pay or settle any claims that have resulted in or may result in N a lien of any portion of the property, make any entries upon the Property and take any actions as may be necessary or desirable to (i) protect or enforce the security of this Deed of Trust, " (ii) remedy Grantor's failure to perform the Secured Obligations (without waiving such c default by Grantor), or (iii) otherwise protect Beneficiary's or Trustee's interests. Grantor g shall pay all losses, damages, fees, costs and expenses incurred by Beneficiary and Trustee in taking such actions; including, without limitation, reasonable legal fees. 2.9 Reimbursement of Beneficiary's and Trustee's Expenses All amounts disbursed by Beneficiary and Trustee pursuant to Section 2.8 or any other provision of this Deed of Trust or the other Loan Documents, with interest thereon at the default rate provided in the Notes from the date of disbursement until repaid, shall constitute a Secured Obligation. All such amounts shall be immediately due and payable and bear interest from the date of disbursement at the lesser of the default rate under the Notes, or the maximum rate permitted by law. 2.10 Books and Records on Property Grantor shall keep and maintain at Grantor's address stated above, or such other place as Beneficiary may approve in writing, books of account and records adequate to reflect correctly the results of operation of the Property and copies of all written contracts, leases and other documents affecting the Property. Such books, records, contracts, leases and other DEED OF TRUST [12187-5149/S13013340.130] PAGE 11 Execution Copy documents shall be subject to examination, inspection and copying at any reasonable time by Beneficiary. Grantor shall furnish to Beneficiary, within 20 days after Beneficiary's request therefor, the following documents, each certified to Beneficiary by Grantor as being true, correct and complete: (a) copies of all leases and other agreements for occupancy or use of all or any portion of the Property, (b) a rent roll for the Property, showing the name of each tenant, and for each tenant, the suite occupied, the number of square feet rented, the lease expiration date, the rent payable, the date through which rent has been paid, the amount of any security deposit, and the number and term of any renewal options, (c) copies of the most 4-- recent real and personal property tax statements for the Property, and (d) copies of the most 4:3 recent statements for the insurance coverage maintained pursuant to this Deed of Trust. en 2.11 Leasehold Provisions - . (a) Grantor hereby covenants, warrants and represents to Beneficiary with respect c to each Property Lease and Grantor's leasehold estate thereunder as follows: (1) Each Property Lease is in full force and effect and, except as otherwise disclosed to the Beneficiary prior to the date hereof, unmodified by any writing or otherwise; (2) All rent, additional rent and/or other charges reserved in or payable under the each Property Lease have been paid to the extent that they are payable to the date hereof, estate; (3) Grantor enjoys the quiet and peaceful possession of each leasehold (4) Grantor has not delivered or received any notices of default under any Property Lease and is not in default under any of the terms of any Property Lease and there are no circumstances which, with the passage of time or the giving of notice or both, would constitute a default under any Property Lease; (5) The Lessor under each Property Lease is not in default under any of the terms of such Property Lease on its part to be observed or performed; (6) Grantor has delivered to Beneficiary a true, accurate and complete copy of each Property Lease; (7) Grantor promptly shall pay the rent and all other sums and charges mentioned in, and payable under, each Property Lease; (8) Grantor promptly shall perform and observe all of the terms, covenants and conditions required to be performed and observed by the lessee under each Property Lease, the breach of which could permit any party to such Property Lease to validly terminate DEED OF TRUST PAGE 12 [12187- 5149/SB013340.130[ Execution Copy • • the Property Lease (including, but without limiting the generality of the foregoing, any payment obligations), shall do all things necessary to preserve and to keep unimpaired its rights under each Property Lease, shall not waive, excuse or discharge any of the material obligations of the lessor under any Property Lease without Beneficiary's prior written consent in each instance and shall diligently and continuously enforce the material obligations of the lessor under each Property Lease; (9) Grantor shall not do, permit or suffer any event or omission as a result of which there could occur a default under any Property Lease or any event which, with the giving of notice or the passage of time, or both, would constitute a default under any Property Lease which could permit any parry to such Property Lease to validly terminate the Property Lease (including, but without limiting the generality of the foregoing, a default in any payment obligation); (10) Grantor shall not cancel, terminate, surrender, modify or amend or in m any way alter or permit the alteration of any of the provisions of any Property Lease or agree to any termination, amendment, modification or surrender of any Property Lease without Beneficiary's prior written consent in each instance; N .O N (11) Grantor will promptly notify Beneficiary of any defaults by any party under any Property Lease and shall deliver to Beneficiary copies of any notice of default by any party under the Property Lease, or of any notice from the lessor under any Property Lease of its intention to terminate such Property Lease or to reenter and take possession of the Property, immediately upon delivery or receipt of such notice, as the case may be; (12) Grantor shall promptly furnish to Beneficiary copies of such information and evidence as Beneficiary may request concerning Grantor's due observance, performance and compliance with the terms, covenants and conditions of any Property Lease; (13) Grantor shall not consent to the subordination of any Property Lease to • any mortgages of the fee interest and/or Property Leasehold interest in the Property; (14) Any defauh under any Property Lease or any failure by Grantor to perform its obligations under any Property Lease shall constitute a default hereunder; and (15) Grantor, at its sole cost and expense, shall execute and deliver to Beneficiary, within five days after request, such documents, instruments or agreements as may be required to permit Beneficiary to cure any default under any Property Lease. (b) In the event of default by Grantor in the performance of any of its obligations under any Property Lease, including, but without limiting the generality of the foregoing, any default in the payment of any sums payable thereunder, then, in each and every case, DEED OF TRUST [12187- 5149/S8013340.130J PAGE 13 Execution Copy Beneficiary may, at its option, cause the default or defaults to be remedied and otherwise exercise any and all of the rights of Grantor thereunder in the name of and on behalf of Grantor. Grantor shall, on demand, reimburse Beneficiary for all advances made and expenses incurred by Beneficiary in curing any such default (including, without limiting the generality of the foregoing, reasonable attorneys' fees and disbursements), together with interest thereon computed at the Default Rate (as defined in the Notes) from the date that such advance is made, to and including the date the same is paid to Beneficiary. (c) Grantor shall give Beneficiary notice of its intention to exercise each and every option, if any, to extend the term of the Property Lease, at least 30 days prior to the C7 expiration of the time to exercise such option under the terms thereof. If Grantor intends to vrs extend the term of any Property Lease, it shall deliver to Beneficiary, with the notice of such decision, a copy of the notice of extension delivered to the lessor thereunder, together with the terms and conditions of such extension. (d) Grantor shall request and make diligent efforts to obtain, within 20 days after written demand by Beneficiary, an estoppel certificate from the lessor under any Property Lease setting forth (i) the name of the lessee and the lessor thereunder, (ii) that the Property N Lease is in full force and effect and has not been modified or, if it has been modified, the date of each modification (together with copies of each such modification), (iii) the basic rent payable under the Property Lease, (iv) the date to which all rental charges have been paid by the lessee under the Property Lease, (v) whether a notice of default has been received by the lessor under the Property Lease which has not been cured, and if such notice has been received, the date it was received and the nature of the default, (vi) whether there are any alleged defaults of the lessee under the Property Lease and, if there are, setting forth the nature thereof in reasonable detail, and (vii) if the lessee under the Property Lease shall be in default, the default. (e) Anything contained herein to the contrary notwithstanding, this Deed of Trust shall not constitute an assignment of any Property Lease within the meaning of any provision thereof prohibiting its assignment and Beneficiary shall have no liability or obligation thereunder by reason of its acceptance of this Deed of Trust. Beneficiary shall be liable for the obligations of the lessee arising under any Property Lease for only that period of time which Beneficiary is in possession of the Property or has acquired, by foreclosure or otherwise, and is holding all of Grantor's right, title and interest therein. (f) It is hereby agreed that the fee title, leasehold estate and leasehold estate shall not merge but shall always be kept separate and distinct, notwithstanding the union of any of said estates in either the lessor under any Property Lease, Grantor or a third party, whether by purchase or otherwise. If Grantor shall acquire fee title to the property leased to Grantor, or any other estate, title or interest in the property demised under any Property Lease, or any portion thereof, then, immediately upon Grantor's acquisition thereof, this Deed of Trust DEED OF TRUST PAGE 14 [ 12187- 5149/SB013340.130) Execution Copy automatically shall spread to cover Grantor's interest in such leased property on the same terms, covenants and conditions as set forth herein. Upon such acquisition, Grantor, at it's sole cost and expense, shall deliver to Beneficiary an ALTA Form B Mortgage Title Insurance Policy issued by a title insurance company acceptable to Beneficiary, insuring that this Deed of Trust, as so spread to cover Grantor's interest in such leased property, is a valid first lien on Grantor's interest therein, subject only to the Permitted Exceptions. It is the intention of Grantor and Beneficiary that no documents, instruments or agreements shall be necessary to confirm the foregoing spread of this Deed of Trust to cover Grantor's interest in such leased property, as aforesaid, and that such spreader shall occur automatically upon the consummation of Grantor's acquisition of such estate, title or interest to such leased property. • Notwithstanding the foregoing, Grantor shall make, execute, acknowledge and deliver to Beneficiary or so cause to be made, executed, acknowledged and delivered to Beneficiary, in form satisfactory to Beneficiary, all such further or other documents, instruments, agreements ▪ or assurances as may be required by Beneficiary to confirm the foregoing spread of this Deed • of Trust to cover Grantor's interest in such leased property. Grantor shall pay all expenses incurred by Beneficiary in connection with the preparation, execution, acknowledgement, delivery and/or recording of any such documents, including, but without limiting the generality O of the foregoing, all filing, registration and recording fees and charges, documentary stamps, mortgage taxes, intangible taxes and reasonable attorneys' fees, costs and disbursements. (g) If any action or proceeding shall be instituted to evict Grantor or to recover possession of the Property or any part thereof or interest therein or any action or proceeding otherwise affecting any Property Lease or this Deed of Trust shall be instituted, then Grantor will, immediately upon service thereof on or to Grantor, deliver to Beneficiary a true and complete copy of each petition, summons, complaint, notice of motion, order to show cause and of all other provisions, pleadings and papers, however designated, served in any such action or proceeding. (h) If any Property Lease contains provisions which require mandatory arbitration for the resolution of any disputes arising under the Property Lease and, to the extent Grantor has any rights to agree to or approve such arbitration, Grantor will not agree to arbitrate any disputes arising under the Property Lease without the written consent of Beneficiary, which consent can be withheld at the sole discretion of Beneficiary. Notwithstanding, in the event that Beneficiary consents to such an arbitration, Grantor will give Beneficiary prompt written notice of the commencement of such arbitration and so long as no Event of Default shall have occurred and be continuing, (i) Beneficiary shall have the right to intervene and participate in any such proceeding, (ii) Grantor shall confer with Beneficiary to the extent which Beneficiary reasonably deems necessary for the protection of Beneficiary, upon the written request of Beneficiary, and (iii) Grantor shall select an arbitrator who is approved in writing by Beneficiary; provided, however, that if at the time any such proceeding shall be commenced or shall be in progress an Event of Default shall have occurred and be continuing, Grantor hereby DEED OF TRUST (12187 - 5149/58013340.130] PAGE 15 Execution Copy c't ° 3. m • irrevocably appoints and constitutes Beneficiary as its true and lawful attorney -in -fact, which appointment is coupled with an interest, in its name, place and stead, to exercise, at the expense of Grantor, all right, title and interest of Grantor in connection with such arbitration, including the right to appoint arbitrators and to conduct arbitration proceedings on behalf of Grantor. Nothing contained herein shall obligate Beneficiary to participate in such arbitration. (i) Grantor shall, within ten days after written demand therefor from Beneficiary, deliver to Beneficiary proof of payment of all items that are required to be paid by Grantor under any Property Lease, including, without limitation, rent and other charges required to be paid under the Property Lease. (j) If any Property Lease shall be terminated prior to the natural expiration of its • term, and if, pursuant to any provision of the Property Lease, Beneficiary or its designee shall ▪ acquire from the lessor under such Property Lease a new lease of the Property demised thereunder and the improvements located thereon, Grantor shall have no right, title or interest in or to such new lease or the leasehold estate created thereby, or renewal privileges therein ° contained. RESERVES 3.1 Deposits If required by Beneficiary, Grantor shall, at the time of making each monthly installment payment under the Notes, deposit with Beneficiary a sum, as estimated by Beneficiary, equal to (i) the taxes and special assessments next due on the Property, and (ii) the premiums that will next become due on insurance policies as may be required under this Deed of Trust, less all sums already deposited therefor, divided by the number of months to elapse before two months prior to the date when such taxes, special assessments and premiums will become delinquent. Beneficiary may require Grantor to deposit with Beneficiary, in advance, such other sums for other taxes, assessments, premiums, charges and impositions in connection with Grantor or the Property as Beneficiary reasonably deems necessary to protect Beneficiary's interests ( "Other Impositions "). Such sums for Other Impositions shall be deposited in a lump sum or in periodic installments, at Beneficiary's option. If required by Beneficiary, Grantor shall promptly deliver to Beneficiary all bills and notices with respect to any taxes, assessments, premiums and Other Impositions. Unless Grantor and Beneficiary otherwise agree in writing, Beneficiary shall not be required to pay Grantor any interest, earnings or profits on any sums deposited with Beneficiary. All sums deposited with Beneficiary under this Section 3.1 are hereby pledged as security for the Secured Obligations. DEED OF TRUST 1121117-5149/S13013340.130) PAGE 16 Execution Copy DEED OF TRUST 112187-5149/S8013340.130) 3.2 Application of Deposits All such deposited sums shall be held by Beneficiary and applied in such order as Beneficiary elects to pay such taxes, assessments, premiums and Other Impositions or, upon any Event of Default, may be applied in whole or in part, to the Secured Obligations. The arrangement provided for in this Section 3 is solely for the added protection of Beneficiary and entails no responsibility on Beneficiary's part beyond the allowing of due credit, without interest, for the sums actually received by it. Upon any assignment of this Deed of Trust by Beneficiary, any funds on hand shall be turned over to the assignee and any responsibility of Beneficiary with respect thereto shall terminate. Each transfer of the Property in accordance with Section 4 shall automatically transfer to the transferee all rights of Grantor with respect o to any funds deposited hereunder. Upon payment in full of the Secured Obligations, a' Beneficiary shall promptly refund to Grantor the remaining balance of any deposits then held by Beneficiary. 3.3 Adjustments to Deposits If the total deposits held by Beneficiary exceed the amount deemed necessary by Beneficiary to provide for the payment of such taxes, assessments, premiums and Other Impositions, such excess shall, provided there is no Event of Default or any event which would constitute an Event of Default if not cured within the time allowed, be credited by Beneficiary on the next due installment or installments of such deposits. If at any time the total deposits held by Beneficiary are less than the amount deemed necessary by Beneficiary to provide for the payment of such taxes, assessments, premiums and Other Impositions, Grantor shall promptly deposit the deficiency with Beneficiary after receipt of written demand from Beneficiary. 3.4 Conditional Waiver Notwithstanding the foregoing, Beneficiary shall not require the payment of reserves as provided in this Section until a delinquency occurs in the payment of such taxes, assessments, premium and Other Impositions, or until the occurrence of an Event of Default. 4. RESTRICTIONS ON TRANSFER OR ENCUMBRANCE Neither the Property nor any part thereof or interest therein shall be encumbered, sold (by contract or otherwise), conveyed, leased (except as provided in this Section 4) or otherwise transferred by Grantor; nor shall there be any change in (1) the ownership or control of any of Grantor's stock if Grantor is a corporation, (ii) the ownership or control of any membership interest in Grantor if Grantor is a limited liability company, (iii) the ownership or control of any general partnership interest in Grantor if Grantor is a partnership, (iv) the ownership or control of any beneficial interests in Grantor if Grantor is not otherwise a natural PAGE 17 Execution Copy • person or persons, or (v) the ownership or control of any stock, membership, any general partnership interest or any other beneficial interest in any corporation, partnership or other entity that has an ownership interest in Grantor. Any such action without Beneficiary's prior written consent shall be deemed to increase the risk of Beneficiary and shall constitute an Event of Default if not corrected within five days after Beneficiary's delivery of written demand to Grantor. Beneficiary may, in its sole discretion, consent to any such action subject to such terms and conditions as Beneficiary may require, including, without limitation, the payment of a transfer review fee, an assumption fee of one percent (1 %) of the principal balance of the Notes and an increase in the interest rate of the Notes. 5. UNIFORM COMMERCIAL CODE SECURITY AGREEMENT 5.1 Grant to Beneficiary This Deed of Trust constitutes a security agreement pursuant to the Uniform Commercial Code with respect to: (a) Any of the Property which, under applicable law, is not real property or N effectively made part of the real property by the provisions of this Deed of Trust; and • G (b) Any and all other property now or hereafter described on any Uniform Commercial Code Financing Statement naming Grantor as Debtor and Beneficiary as Secured Party and affecting property in any way connected with the use and enjoyment of the Property (any and all such other property constituting "Property" for purposes of this Deed of Trust); and Grantor hereby grants Beneficiary a security interest in all property described in clauses (a) and (b) above as security for the Secured Obligations. Grantor and Beneficiary agree, however, that neither the foregoing grant of a security interest nor the filing of any such financing statement shall be construed as limiting the parties' stated intention that everything used in connection with the production of income from the Property, or adapted for use therein, or which is described or reflected in this Deed of Trust, is and at all times shall be regarded as part of the Land. 5.2 Beneficiary's Rights and Remedies With respect to the Property subject to the foregoing security interest, Beneficiary shall have all of the rights and remedies (i) of a secured party under the Uniform Conunerciai Code, (ii) provided herein, including, without limitation, the right to cause such Property to be sold by Trustee under the power of sale granted by this Deed of Trust, and (iii) provided by law. In exercising its remedies, Beneficiary may proceed against the items of real property and any items of personal property separately or together and in any order whatsoever, without in any way affecting the availability of Beneficiary's remedies. Upon demand by DEED OF TRUST (12187-514958013340.1301 PAGE 18 Execution Copy Beneficiary following an Event of Default hereunder, Grantor shall assemble any items of personal property and make them available to Beneficiary at the Land. Beneficiary shall give Grantor at least five days' prior written notice of the time and place of any public sale or other disposition of such Property or of the time of or after which any private sale or any other intended disposition is to be made. Any person permitted by law to purchase at any such sale may do so. Such Property may be sold at any one or more public or private sales as permitted by applicable law. 6. ASSIGNMENT OF RENTS AND LEASES 6.1 Assignment of Rents and Leases As security for the Secured Obligations, Grantor assigns and transfers to Beneficiary and grants Beneficiary a security interest in and to all right, title and interest of Grantor in and to: (a) any and all present and future leases, subleases and other agreements for the occupancy or use of all or any part of the Property, and any and all extensions, renewals and replacements thereof ( "Leases "); (b) all cash or security deposits, advance rentals and deposits of a similar nature under the Leases; (c) any and all guarantees of tenants' or occupants' performances under any and all Leases; and (d) all rents, issues, profits and revenues ( "Rents ") now due or which may become due or to which Grantor may now or shall hereafter become entitled or may demand or claim (including Rents coming due during any redemption period), arising or issuing from or out of any and all Leases, including, without limitation, minimum, additional, percentage and deficiency rents and liquidated damages. 6.2 Collection of Rents Prior to any Event of Default hereunder, Grantor shall have a license to, and shall, collect and receive all Rents of the Property as trustee for the benefit of Beneficiary and Grantor, apply the Rents so collected first to the payment of taxes, assessments and other charges on the Property prior to delinquency, second to the cost of insurance, maintenance and repairs required by the terms of this Deed of Trust, third to the costs of discharging any obligation or liability of Grantor under the Leases, and fourth to the Secured Obligations, with the balance, if any, to the account of Grantor provided there is no Event of Default. Upon delivery of written notice by Beneficiary to Grantor of an Event of Default hereunder and stating that Beneficiary exercises its rights to the Rents, and without the necessity of Beneficiary entering upon and taking and maintaining full control of the Property in person, by agent or by a court- appointed receiver, Beneficiary shall immediately be entitled to possession of all Rents from the Property as the same become due and payable, including, without limitation, Rents then due and unpaid, and all such Rents shall immediately upon delivery of such notice be held by Grantor as trustee for the benefit of Beneficiary only. Upon delivery of such written notice by Beneficiary, Grantor hereby agrees to direct each tenant or occupant of the Property to pay all Rents to Beneficiary on Beneficiary's written demand therefor, without DEED OF TRUST (12187- 5149/SB013340.130] PAGE 19 Execution Copy • any liability on the part of said tenant or occupant to inquire further as to the existence of an Event of Default by Grantor. Grantor hereby authorizes Beneficiary as Grantor's attorney -in- fact to make such direction to tenants and occupants upon Grantor's failure to do so as required herein. Payments made to Beneficiary by tenants or occupants shall, as to such tenants and occupants, be in discharge of the payors' obligations to Grantor. Beneficiary may exercise, in Beneficiary's or Grantor's name, all rights and remedies available to Grantor with respect to collection of Rents. Nothing herein contained shall be construed as obligating Beneficiary to perform any of Grantor's obligations under any of the Leases. 6.3 Grantor's Representations and Warranties Grantor hereby represents and warrants to Beneficiary that Grantor has not executed and will not execute any other assignment of said Leases or Rents, that Grantor has not performed and will not perform any acts and has not executed and will not execute any instrument which would prevent Beneficiary from exercising its rights under this Section 6, and that at the time of execution of this Deed of Trust there has been no anticipation or prepayment of any of the Rents of the Property for more than two (2) months prior to the due dates thereof. Grantor further represents and warrants to Beneficiary that all existing Leases are in good standing and there is no default thereunder, whether by Grantor or lessee, and that, to Grantor's knowledge, there is no event or condition which, with notice or the passage of time or both, would be a default thereunder. Grantor shall execute and deliver to Beneficiary such further assignments of Rents and Leases of the Property as Beneficiary may from time to time request. 6.4 Leases of the Property Grantor shall comply with and observe Grantor's obligations as landlord under all Leases and will do all that is necessary to preserve all Leases in force and free from any right of counterclaim, defense or setoff. At Beneficiary's request, Grantor shall furnish Beneficiary with executed copies of all Leases now existing or hereafter made and all Leases hereafter entered into shall use a form previously approved by Beneficiary. All nonresidential Leases and tenants shall be subject to Beneficiary's prior written approval, and shall specifically provide that the tenant attorns to any person succeeding to the interest of Grantor upon any foreclosure of this Deed of Trust or conveyance in lieu thereof. Such attornment shall be in such form as Beneficiary may approve and shall provide that Tenant shall not have the right of set off or defense to payment of rents for any event or act that occurred prior to such successor obtaining title to Grantor's interest except to the extent such event or act is continuing at the time such successor obtains such title. Tenant shall also agree to execute such further evidences of attornment as Beneficiary may from time to time request. Without Beneficiary's written consent, Grantor shall not (a) collect or accept payment of any Rents more than one month prior to the due dates thereof; (b) modify, surrender or terminate any Lease; (c) waive, discharge, release or modify the obligations of any tenant or other occupant DEED OF TRUST PAGE 20 (12187- 5149/SB013340.130J Execution Copy of the Property under any Lease; or (d) request or consent to the subordination of any Lease to any lien subordinate to this Deed of Trust. Any attempted action in violation of this Section 6.4 shall be null and void. Without in any way limiting the requirement of Beneficiary's consent hereunder, any sums received by Grantor in consideration of any termination (or the release or discharge of any lessee), modification or amendment of any Lease shall be applied to reduce the outstanding Secured Obligations and any such sums received by Grantor shall be held in trust by Grantor for such purpose. 6.5 Beneficiary in Possession; Appointment of Receiver Upon any Event of Default, Beneficiary may, in person, by agent or by a court- --- appointed receiver, regardless of the adequacy of Beneficiary's security, enter upon and take C7 and maintain full control of the Property in order to perform all acts necessary and appropriate ' ▪ for the operation and maintenance thereof in the same manner and to the same extent as ▪ Grantor could do the same, including, without limitation, the execution, enforcement, cancellation and modification of Leases, the collection of all Rents of the Property, the rya removal and eviction of tenants and other occupants, the making of alterations and repairs to the Property, and the execution and termination of contracts providing for management or • maintenance of the Property, all on such terms as are deemed best by Beneficiary to protect the security of this Deed of Trust. From and after any Event of Default, if any owner of the • Property shall occupy the Property or part thereof such owner shall pay to Beneficiary in advance on the first day of each month a reasonable rental for the space so occupied, and upon failure so to do Beneficiary shall be entitled to remove such owner from the Property by any appropriate action or proceedings. Following an Event of Default, Beneficiary shall be entitled (regardless of the adequacy of Beneficiary's security) to the appointment of a receiver, Grantor hereby consenting to the appointment of such receiver. Said receiver may serve without bond and may be Beneficiary or an employee of Beneficiary. The receiver shall have, in addition to all the rights and powers customarily given to and exercised by such receivers, all the rights and powers granted to Beneficiary in this Section 6. Beneficiary or the receiver shall be entitled to receive a reasonable fee for so managing the Property. 6.6 Application of Rents All Rents collected subsequent to delivery of written notice by Beneficiary to Grantor of an Event of Defauh shall be applied first to the costs, if any, of taking control of and managing the Property and collecting the Rents, including, without limitation, attorneys' fees, receiver's fees, premiums on receiver's bonds, costs of maintenance and repairs to the Property, premiums on insurance policies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Grantor under the Leases, and then to other Secured Obligations. Beneficiary or the receiver shall be liable to account DEED OF TRUST [12157- 5149/SB013340.130) PAGE 21 Execution Copy only for those Rents actually received. Beneficiary shall not be liable to Grantor, anyone claiming under or through Grantor or anyone having an interest in the Property by reason of anything done or left undone by Beneficiary under this Section. 6.7 Deficiencies To the extent, if any, that the costs of taking control of and managing the Property, collecting the Rents, and discharging obligations and liabilities of Grantor under the Leases, exceed the Rents of the Property, the excess sums expended for such purposes, plus interest, shall constitute a Secured Obligation. Such excess sums shall be payable upon demand by Beneficiary and shall bear interest from the date of disbursement at the lesser of the default rate under the Notes, or the maximum rate permitted by law. 6.8 Beneficiary Not Mortgagee in Possession Nothing herein shall constitute Beneficiary a "mortgagee in possession" prior to its actual entry upon and taking possession of the Property. Entry upon and taking possession by a receiver shall not constitute possession by Beneficiary. 6.9 Enforcement Beneficiary may enforce this assignment without first resorting to or exhausting any security or collateral for the Secured Obligations. 7. CREDIT AGREEMENT 7.1 Advances Grantor agrees to comply with the covenants and conditions of the Credit Agreement. The Credit Agreement provides for the disbursement of loan funds with respect to the construction of Improvements on the Land and for other matters described therein. The Credit Agreement is hereby incorporated herein and made a part of this Deed of Trust. All advances made by Beneficiary pursuant to the Credit Agreement shall constitute a Secured Obligation, and such advances shall be deemed to be obligatory. Any sums advanced by Beneficiary for the purpose of financing tenant improvements for the benefit of Grantor shall be treated as advances pursuant to the Credit Agreement and shall constitute a Secured Obligation. All such sums shall bear interest from the date of disbursement at the rate stated in the Notes. 7.2. Assignment of Claims From time to time as Beneficiary deems necessary to protect Beneficiary's interest, Grantor shall, upon request of Beneficiary, execute and deliver to Beneficiary in such form as DEED OF TRUST PAGE 22 112187-5149/S8013340.130] Execution Copy • Beneficiary shall direct, assignments of any and all rights or claims which relate to the construction of the Improvements, and which Grantor may have against any party supplying or who has supplied labor, materials or services in connection with the construction of the Improvements. 7.3. Default Under the Credit Agreement Upon an Event of Default, Beneficiary may, at its option, with or without entry upon the Property, exercise any of the rights or remedies provided in the Credit Agreement, exercise any of the rights or remedies provided in this Deed of Trust, or do both. 8. EVENTS OF DEFAULT Z+] __ 8.1 Events of Default Any one or more of the following is an "Event of Default ": (a) Grantor fails to make any payment under the Notes, this Deed of Trust, or any of the other Loan Documents within five days after the due date. orNt • o (b) There is a default under any of the Permitted Exceptions, if not cured within 4r4 any cure period given in the Permitted Exceptions. (c) There is an Event of Default as defined in any of the other Loan Documents. (d) Grantor fails to perform any other covenant, agreement or obligation under this Deed of Trust or any of the other Loan Documents, if not cured within the time allowed. If no cure period is otherwise specified for such default, the cure period shall be within 30 days after Beneficiary's delivery of written demand to Grantor. (e) There is an Event of Default under the Indemnity Agreement. (f) Grantor or any guarantor files a petition in bankruptcy or for an arrangement, reorganization or any other form of debtor relief, or the petition is filed against Grantor or any guarantor or any trustee of Grantor or any guarantor, and the petition is not dismissed within 60 days after filing. (g) A decree or order is entered for the appointment of a trustee, receiver or liquidator for Grantor or any guarantor or the property of Grantor or any guarantor, and such decree or order is not vacated within 60 days after the date of entry. DEED OF TRUST 112187- 31491SB013340.130) PAGE 23 Exavtion Copy (h) Grantor or any guarantor commences any proceeding for dissolution or liquidation; or any such proceeding is commenced against Grantor or any guarantor and the proceeding is not dismissed within 60 days after the date of commencement. (i) Grantor or any guarantor makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due. (j) There is an attachment, execution or other judicial seizure of any property of Grantor or any guarantor and such seizure is not discharged within ten days. (k) Any representation or disclosure made to Beneficiary by Grantor or any guarantor in connection with the Loan proves to be materially false or misleading when made, whether or not that representation or disclosure is expressly set forth in the Loan Documents. er, (1) A default occurs under any other indebtedness now or hereafter owing to Beneficiary on which Grantor or any guarantor is a maker or a guarantor, and such default is •-- not cured within the applicable cure period, if any, under the instruments evidencing and ° securing such indebtedness. (m) Grantor fails to pay or perform any obligations under any Property Lease after the expiration of any applicable grace period. (n) Grantor fails to pay or perform any obligation under its unconditional guaranty dated as of January I- 2002 for the benefit of Beneficiary, whereby Grantor guarantees payment and performance of the obligations of WMR, LLC to Beneficiary. 8.2 Inapplicability of Cure Periods All cure periods provided in this Deed of Trust or the other Loan Documents shall be inapplicable if, in Beneficiary's reasonable judgment, the default is not capable of being cured within the time allowed, or a delay in Beneficiary's enforcement of its rights and remedies is likely to result in a material impairment of its security. 8.3 Form of Notice At Beneficiary's option, any written notice of default given to Grantor under Section 8.1 may be given in the form of a statutory notice of default under the Washington Deed of Trust Act or any other form as Beneficiary may elect. DEED OF TRUST / 12187.3149/SB013340.130) PAGE 24 Execution Copy 9. REMEDIES • - 9.1 Acceleration Upon Default; Additional Remedies Upon any Event of Default, Beneficiary may, at its option and without notice to or demand upon Grantor, exercise any one or more of the following actions: (a) Declare all the Secured Obligations immediately due and payable. (b) Bring a court action to enforce the provisions of this Deed of Trust or any of the other Loan Documents. (c) Foreclose this Deed of Trust as a mortgage. C1-3 (d) Cause any or all of the Property to be sold under the power of sale granted by this Deed of Trust in any manner permitted by applicable law. (e) Obtain a deficiency judgment if the net sales proceeds of any sale of the cv Property under the power of sale granted by this Deed of Trust are insufficient to pay in full o all of the Secured Obligations. (f) Elect to exercise any and all rights arising out of or related to any Property Lease and the Leases and the Rents. (g) Exercise any or all of the other rights and remedies under this Deed of Trust and the other Loan Documents. (h) Exercise any other right or remedy available under law or in equity. 9.2 Prepayment Premium If the Notes provides for payment of a prepayment premium, such prepayment premium shall be payable by Grantor with respect to any voluntary or involuntary payment of principal under the Notes before the maturity date stated in the Notes, except as otherwise specifically provided in the Loan Documents. Grantor expressly agrees that any such principal payment made after an Event of Default shall require payment of the prepayment premium notwithstanding any acceleration of the Notes by Beneficiary. 9.3 Exercise of Power of Sale For any sale under the power of sale granted by this Deed of Trust, Beneficiary or Trustee shall record and give all notices required by law and then, upon the expiration of such DEED OF TRUST (12187-5149/513013340.130) PAGE 25 Execution Copy • time as is required by law, Trustee may sell the Property upon any terms and conditions specified by Beneficiary and permitted by applicable law. Trustee may postpone any sale by public announcement at the time and place noticed for the sale. If the Property includes several lots or parcels, Beneficiary in its discretion may designate their order of sale or may elect to sell all of them as an entirety. The Property, real, personal and mixed, may be sold in one parcel. To the extent any of the Property sold by the Trustee is personal property, then Trustee shall be acting as the agent of Beneficiary in selling such Property. Any person permitted by law to do so may purchase at any sale. Upon any sale, Trustee will execute and deliver to the purchaser or purchasers a deed or deeds conveying the Property sold, but without any covenant or warranty, express or implied, and the recitals in the Trustee's deed showing that the sale was conducted in - compliance with all the requirements of law shall be prima facie evidence of such compliance • and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value. Cr' 9.4 Application of Sale Proceeds cv Except as may otherwise be required by law, the proceeds of any sale under this Deed of Trust shall be applied in the following priority: CV • G (a) Payment of the costs and expenses of the sale; including, without limitation, Trustee's fees, reasonable legal fees and disbursements, title charges and transfer taxes, and payment of all expenses, liabilities and advances of Trustee, together with interest on all advances made by Trustee from date of disbursement at the lesser of the default rate under the Notes, or the maximum rate permitted by law. (b) Payment of all sums expended by Beneficiary under the terms of this Deed of Trust and not yet repaid, together with interest on such sums from date of disbursement at the lesser of the default rate under the Notes, or the maximum rate permitted by law. (c) Payment of all other Secured Obligations in any order that Beneficiary chooses. (d) The remainder, if any, to the person or persons legally entitled to it. 9.5 Waiver of Order of Sale and Marshalling Beneficiary shall have the right to determine the order in which any or all portions of the Secured Obligations are satisfied from the proceeds realized upon the exercise of any remedies provided herein. To the fullest extent permitted by law, Grantor, any party who consents to this Deed of Trust and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof, hereby waives any and all DEED OF TRUST PAGE 26 (12187- 5149/58013340.130) Execution Copy • right to require marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein, or to direct the order in which any of the Property will be sold in the event of any sale under this Deed of Trust. 9.6 Nonwaiver of Defaults The entering upon and taking possession of the Property, the collection of Rents or the proceeds of fire and other insurance policies or compensation or awards for any taking or damage of the Property, and the application or release thereof as herein provided, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 9.7 Expenses During Redemption Period o If this Deed of Trust is foreclosed as a mortgage and the Property sold at a foreclosure _ �'' sale, the purchaser may during any redemption period allowed, make such repairs or • alterations on the Property as may be reasonably necessary for the proper operation, care, "' preservation, protection and insuring thereof. Any sums so paid together with interest thereon • from the time of such expenditure at the lesser of the default rate under the Notes, or the o maximum rate permitted by law, shall be added to and become a part of the amount required c..., to be paid for redemption from such sale. CO `\' 9.8 Foreclosure Subject to Tenancies Beneficiary shall have the right at its option to foreclose this Deed of Trust subject to the rights of any tenant or tenants of the Property. 9.9 Remedies Cumulative To the extent permitted by law, every right and remedy provided in this Deed of Trust is distinct and cumulative to all other rights or remedies under this Deed of Trust or afforded by law or equity or any other agreement between Beneficiary and Grantor, and may be exercised concurrently, independently or successively, in any order whatsoever. Beneficiary may exercise any of its rights and remedies at its option without regard to the adequacy of its security. 9.10 Beneficiary's and Trustee's Expenses Grantor shall pay all of Beneficiary's and Trustee's expenses incurred in any efforts to enforce any terms of this Deed of Trust, whether or not any suit is filed, including, without limitation, legal fees and disbursements, foreclosure costs, title charges, and expenses incurred in any bankruptcy, reorganization, liquidation, receivership or similar proceeding. All such sums, with interest thereon, shall be additional indebtedness of Grantor secured by this Deed DEED OF TRUST PAGE 27 [12187- 5149/SB013340.130] Execution Copy of Trust. Such sums shall be immediately due and payable and shall bear interest from the date of disbursement at the lesser of the default rate under the Notes, or the maximum rate permitted by law. 10. GENERAL • 10.1 No Offset Grantor's obligation to timely pay and perform all obligations under the Notes, this Deed of Trust, and the other Loan Documents shall be absolute and unconditional and shall not be affected by any event or circumstance; including, without limitation, any setoff, counterclaim, abatement, suspension, recoupment, deduction, defense or any other right that Grantor or any guarantor may have or claim against Beneficiary or any other person or entity. The foregoing shall not constitute a waiver of any claim or demand which Grantor or any guarantor may have in damages or otherwise against Beneficiary or any other person or entity; provided that Grantor shall maintain a separate action thereon. cr�r 10.2 Application of Payments ° Except as applicable law or this Deed of Trust may otherwise provide, all payments received by Beneficiary under the Notes or this Deed of Trust shall be applied by Beneficiary CZ) in the following order of priority: (a) Beneficiary's and Trustee's expenses incurred in any • efforts to enforce any terms of this Deed of Trust; (b) interest payable on advances made to protect the security of this Deed of Trust; (c) principal of such advances; (d) amounts payable to Beneficiary by Grantor under Section 3 for reserves; (e) interest and late charges payable on the Notes; (t) principal of the Notes; and (g) any other Secured Obligations in such order as Beneficiary, at its option, may determine; provided, however, that Beneficiary may, at its option, apply any such payments received to interest on or principal of the Notes prior to applying such payments to interest on and principal of advances made to protect the security of this Deed of Trust. 10.3 Appraisal Costs In the event the Financial Institutions Reform, Recovery, and Enforcement Act, as amended, or any regulatory agency, requires Beneficiary to obtain an appraisal of the Property, Grantor shall reimburse Beneficiary on demand for payment of the costs of such appraisal. 10.4 Imposition of Tax For purposes of this Section, "Tax" shall mean: DEED OF TRUST [1118?- 5149/58013340.130) PAGE 28 Execution Copy •G N DEED OF TRUST [12187,5149/0013340.130) (a) a specific tax on deeds of trust or on all or any part of the indebtedness secured by a deed of trust; or (b) a specific tax on the owner of the Property covered by a deed of trust which the taxpayer is authorized or required to deduct from payments on the deed of trust; or (c) a tax on property covered by a deed of trust chargeable against a beneficiary or trustee under the deed of trust or the holder of the note secured by the deed of trust; or (d) a specific tax (other than an income tax or a gross receipts tax) on all or any portion of the obligations secured hereby or on payments of principal and interest made by a grantor under a deed of trust. If any Tax is enacted subsequent to the date of this Deed of Trust, enactment of the Tax shall constitute an Event of Default, and Beneficiary may exercise any or all of the remedies available to it upon the occurrence of any Event of Default, unless the following conditions are met: (i) Grantor may lawfully pay the Tax without causing any resulting economic disadvantage or increase of tax to Beneficiary or Trustee; and (ii) Grantor pays the Tax (including any tax on the payment made) within 30 days after notice from Beneficiary that the tax law has been enacted. 10.5 Reconveyance Upon payment of all Secured Obligations, Beneficiary shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing the Secured Obligations to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled thereto. The grantee in any reconveyance may be described as the "person or persons legally entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Such person or persons shall pay Trustee's reasonable costs incurred in so reconveying the Property. 10.6 Successor Trustee In accordance with applicable law, Beneficiary may from time to time appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 10.7 Beneficiary's Powers Without affecting the liability of any person for payment or performance of the Secured Obligations or any of Beneficiary's rights or remedies, Beneficiary, at its option, may extend the time for payment of the Secured Obligations or any part thereof, reduce payment thereon, release anyone liable thereon, accept a renewal note or notes therefor, modify the terms and time of payment thereof, release the lien of this Deed of Trust on any part of the Property, take or release other or additional security, release or reconvey or cause to be PAGE 29 Execution Copy released or reconveyed all or any part of the Property, or consent and /or cause Trustee to consent to the making of any map or plat of the Property, consent or cause Trustee to consent to the granting of any easement or creating any restriction on the Property, or join or cause Trustee to join in any subordination or other agreement affecting this Deed of Trust or the lien or charge hereof. Grantor shall pay Beneficiary a reasonable service charge, together with such title insurance premiums and attorneys' fees as may be incurred at Beneficiary's option, for any such action if taken at Grantor's request. 10.8 Subdivision Grantor hereby consents to a subdivision of the Property, if Beneficiary, in its sole discretion, determines that a subdivision of the Property is necessary or desirable to preserve the lien of this Deed of Trust, or to permit Beneficiary to foreclose on only a portion of the Property. 10.9 Subrogation Beneficiary shall be subrogated for further security to the lien, although released of ° record, of any and all encumbrances discharged, in whole or in part, by the proceeds of the N Notes or any other indebtedness secured hereby. 0 10.10 Limitation on Interest and Charges The interest, fees and charges under the Loan Documents shall not exceed the maximum amounts permitted by any applicable Iaw. If any such interest, fee or charge exceeds the maximum, the interest, fee or charge shall be reduced by the excess and any excess amounts already collected from Grantor shall be refunded. Beneficiary may refund such excess either by treating the excess as a prepayment of principal under the Notes or by making a direct payment to Grantor. If Beneficiary elects to treat the excess as a prepayment of principal, Grantor shall not be obligated to pay any prepayment premium required under the Notes. The provisions of this Section shall control over any inconsistent provision in the Loan Documents. 10.11 Additional Documents; Power of Attorney Grantor, from time to time, shall execute, acknowledge and deliver to Beneficiary upon request, and hereby irrevocably appoints Beneficiary its attorney -in -fact, exercisable upon an Event of Default, to execute, acknowledge, deliver and if appropriate file and record, such security agreements, assignments for security purposes, assignments absolute, financing statements, affidavits, certificates and other documents, in form and substance satisfactory to DEED OF TRUST 1 12187- 5149/SB013340.1301 PAGE 30 Exaction Copy 10.12 Waiver of Statute of Limitations 10.15 Notice DEED OF TRUST 112187- 5149/SB013340.130) Beneficiary, as Beneficiary may request in order to perfect, preserve, continue, extend in time or maintain the assignments herein contained, the lien and security interest under this Deed of Trust, and the priority thereof. Grantor shall pay to Beneficiary upon request therefor all costs and expenses incurred in connection with the preparation, execution, recording and filing of any such document. To the full extent Grantor may do so, Grantor hereby waives the right to assert any statute of limitations as a defense to the enforcement of the lien of this Deed of Trust or to any action brought to enforce the Notes or any other obligation secured by this Deed of Trust. 10.13 Forbearance by Beneficiary Not a Waiver Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any o right or remedy, and no waiver by Beneficiary of any particular default shall constitute a c waiver of any other default or of any similar default in the future. Without limiting the generality of the foregoing, the acceptance by Beneficiary of payment of any of the Secured N Obligations after the due date thereof shall not be a waiver of Beneficiary's right to either require prompt payment when due of all other sums so secured or to declare a default for ° failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to accelerate N the maturity of the indebtedness secured by this Deed of Trust, nor shall Beneficiary's receipt of any awards, proceeds or damages under Sections 2.3 and 2.7 operate to cure or waive Grantor's default in payment of the Secured Obligations. 10.14 Entire Agreement; Modifications and Waivers This Deed of Trust together with the other Loan Documents constitute the entire understanding and agreement of Grantor and Beneficiary with respect to the Loan. The Loan Documents supercede all prior negotiations, discussions, and agreements with respect to the Loan, may not be contradicted by evidence of any alleged oral agreement, and may not be waived, changed, discharged or terminated except by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. Any notice to Grantor under this Deed of Trust shall be to the address noted above or such other address as may be designated by Grantor in writing and shall be deemed to have been given on the date delivered in the case of personal delivery or, if mailed, three days after the postmark thereof PAGE 31 Execution Copy av • 10.16 Governing Law; Severability; Captions Except to the extent that the federal laws of the United States of America provide Beneficiary with greater rights or remedies, this Deed of Trust shall be governed by the laws of the State of Washington. If any provision or clause of this Deed of Trust conflicts with applicable law, such conflicts shall not affect other provisions or clauses hereof which can be given effect without the conflicting provision, and to this end the provisions hereof are declared to be severable. The captions and headings of the paragraphs and Sections of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 10.17 Definitions As used herein: the term "Grantor" means Grantor herein named, together with any subsequent owner of the Property or any part thereof or interest therein; the term "Trustee" means the Trustee herein named, together with any successor Trustee; and the term "Beneficiary" means Beneficiary herein named, together with any subsequent owner or holder 'of the Notes or any interest therein, including pledgees, assignees and participants. 0 10.18 Successors and Assigns; Agents "' This Deed of Trust shall bind and inure to the benefit of the parties hereto and their cr respective heirs, devisees, legatees, administrators, executors, successors and assigns, subject o to the provisions of Section 4. In exercising any rights hereunder or taking actions provided N for herein, Beneficiary and Trustee may act through their respective employees, agents or c independent contractors as authorized by Beneficiary and Trustee. CZ 10.19 Number; Gender This Deed of Trust shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 10.20 Time Time is of the essence in connection with all obligations of Grantor herein. 10.21 Request for Notice Grantor hereby requests that a copy of any notice of default and notice of sale hereunder be mailed to it at its address set forth at the beginning of this Deed of Trust. DEED OF TRUST 112187- 5149!SB013340.130] PAGE 32 Exeartion Copy • 10.22 Assignment of Loan Documents Beneficiary may assign the Loan Documents in whole or in part. Beneficiary may make available to any proposed assignee or participant all credit and financial data with respect to Grantor and any guarantor as may be in the possession of Beneficiary. Grantor agrees to provide any additional information that any proposed assignee or participant may reasonably request. 10.23 Estoppel Certificate Grantor shall, within ten days after receipt of Beneficiary's written request, furnish Beneficiary or any other party designated by Beneficiary with a written statement, duly acknowledged, setting forth the amount of the Secured Obligations and otherwise confirming the status of the Secured Obligations, the Property and the Loan Documents. 10.24 Certain Obligations Unsecured Notwithstanding anything to the contrary set forth herein or any of the Loan Documents, this Deed of Trust shall not secure the following obligations (the "Unsecured Obligations "): (a) any obligations evidenced by or arising under the Indemnity Agreement, and (b) any other obligations in this Deed of Trust or in any of the other Loan Documents to the extent that such other obligations relate specifically to the presence on the Property of Hazardous Materials are the same or have the same effect as any of the obligations evidenced by or arising under the Indemnity Agreement. Any breach or default with respect to the Unsecured Obligations shall constitute an Event of Default hereunder, notwithstanding the fact that such Unsecured Obligations are not secured by this Deed of Trust. Nothing in this Section shall, in itself, impair or limit Beneficiary's right to obtain a judgment in accordance with applicable law after foreclosure for any deficiency in recovery of all obligations that are secured by this Deed of Trust following foreclosure. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. DEED OF TRUST [ 121874149/S13013340.130J PAGE 33 Execution Copy DEED OF TRUST [121 87-51491S13013340.130] • IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the date first above written. "Grantor" NORTHWEST CONTAINER SERVICES, INC., an Oregon Corporation By: PAGE 34 Execution Copy STATE OF WASHINGTON COUNTY OF KIN ir On this / 7day of January, 2002, before me, the undersigned, a Notary Public in and fo the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as C �11(1L of NORTHWEST CONTAINER SERVICES, INC., the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that - was duly elected, qualified and acting as said officer of the corporation, that hs__. was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS 'WHEREOF I have hereunto set my hand and official seal the day and year first above written. DEED OF TRUST [12187- 51491SB013340.130] • ) ss. O1 l,,,,, •., g , . {4OTARy =�h= PlBLC • n r' Or wasv '''I,,,,1111 (Print or stamp name of Notary) NOTARY PUBLIC in and forth State of Washington, residing at &m My appointment expires: D to • (g. 454 PAGE 35 Execution Copy • EXHIBIT A to DEED OF TRUST Leases 1. Lease, by and between Container Properties, L.L.C., a Washington limited liability company, and Northwest Container Services, Inc., an Oregon corporation, dated July 10, 1998 ( "Container Lease "), covering certain property more particularly described in Exhibit B -1. 2. Intentionally Omitted EXHIBIT A TO DEED OF TRUST 112187.5149/SB013340. l 30l PAGE 1 Execution Copy LINE A: EXHIBIT A TO DEED OF TRUST (12187- 5149/SB013340.130) EXHIBIT B-1 to DEED OF TRUST • Container Lease Legal Description THAT PORTION OF TRACTS 1 AND 2 OF THE MEADOWS, ACCORDING TO THE PARTITION MAP OF PART OF THE FRANCIS MC NATT DONATION LAND CLAIM NO. 38 FILED IN KING COUNTY SUPERIOR COURT CAUSE NO. 120091, AND OF THE ABANDONED BED OF THE DUWAMISH RIVER, ALL LOCATED IN SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; AND ALL LYING WESTERLY OF THE WESTERLY MARGINS OF EAST MARGINAL WAY SOUTH AND ALSO WESTERLY OF THE PARCEL OF LAND ADJOINING EAST MARGIN WAY WHICH WAS CONVEYED TO GREAT NORTHERN RAILWAY COMPANY BY DEED RECORDED UNDER FILE NO. 4784818; LYING EASTERLY OF THE EASTERLY MARGIN OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 (DUWAMISH WATERWAY); LYING SOUTHERLY OF THE HEREINAFTER DESCRIBED LINE A; AND LYING NORTHERLY OF THE HEREINAFTER DESCRIBED LINE B: BEGINNING ON THE WESTERLY LINE OF EAST MARGIN WAY SOUTH, WHICH POINT BEARS NORTH 89 °15'54" WEST 2470.01 FEET ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST 648.77 FEET ALONG THE WESTERLY LINE OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MC NATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; RUNNING THENCE WEST 1574.72 FEET TO THE EASTERLY LINE OF COMMERCIAL WATERWAY NO. 1; THENCE SOUTH 15 °00'00" EAST ALONG SAID EASTERLY LINE 237.76 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE A; THENCE EAST 1053.10 FEET; THENCE SOUTH 23 °02'00" EAST 46.03 FEET; THENCE EAST 561.38 FEET TO THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND THE TERMINUS OF SAID LINE A; PAGE 1 Execution Copy LINE B: EXHIBIT A TO DEED OF TRUST [ 1 2 1 87- 5 1 49/S B01334 0.130) BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AT A POINT WHICH BEARS NORTH 89 °15'54" WEST A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST A DISTANCE OF 1374.17 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MC NATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, SAID POINT BEING AT THE INTERSECTION OF THE WESTERLY MARGIN OF EAST MARGIN WAY SOUTH WITH THE NORTH LINE OF VAN DE VANTER STOCK FARM TRACT AND THE TRUE POINT OF BEGINNING OF SAID LINE B; THENCE NORTH 89 °27'50" WEST A DISTANCE OF 14.94 FEET; THENCE NORTH 86 °54'59" WEST A DISTANCE OF 486.97 FEET; THENCE NORTH 84 °1704" WEST A DISTANCE OF 117.00 FEET; THENCE SOUTH 83 °57'56" WEST A DISTANCE OF 119.00 FEET; THENCE SOUTH 70°40'29" WEST A DISTANCE OF 110.173 FEET; THENCE SOUTH 61 °33'40" WEST A DISTANCE OF 840.02 FEET, TO THE EASTERLY LINE OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 AND THE TERMINUS OF SAID LINE B; TOGETHER WITH THE RIGHT TO CROSS THE PARCEL CONVEYED THE GREAT NORTHERN RAILWAY COMPANY AS RESERVED IN DEED RECORDED UNDER FILE NO. 4784818. PAGE2 Execution Copy Intentionally Omitted EXHIBIT B TO DEED OF TRUST 11218?•3149/SB013340.130J EXHIBIT B -2 to DEED OF TRUST SPS Lease Legal Description PAGE I Execution Copy 20020813001783 Document Title(s) (or transactions contained therein) 1 First Amendment to Decd of Trust Reference Number(s) of Documents assigned or released. (on page _ of document) Grantor(s) (Last name first, then first name and initials) I Northwest Container Services. Inc b 2 l ST AM -S .-c �L NI Additional names on page of document /"'t Grantee(s) (Last name first, then first name and initials) I U S Bank National Association 2 U S Bank Trust Company Additional names on pagc _ of document Legal description (abbreviated i e lot, block, plat or section, township. range) Section 33 Township 24, Range 4E, Lots 5 -8 Block 28 & Blocks 29 -30, Ladd's First Add , Vol 75 XX Full legal description is on Exhibit B -1 and B -2 of document 10, P Assessor's Property Tax ParceVAcconnt Number(s) 542260 -0010 - 04,395890- 1315 -05 Return Address U S Bank National Association 1420 Fifth Avenue, 11 Floor P 0 Box 720, WWH 395 Seattle, WA 98111-0720 Attn Michelle Goerdel (156020720360 DOC1 RECE SEP 14 1cu5f U O OP M MUNI EL 1yf EAl �� iii i1, 1'' ! 1 LV II•� f'ii IIII �� + 4 1 FIRST AMERICAN DT iii •i `i;il J;!I �i il; 1111 �II PAGE Oil OP ell KING COUNTY, WI 22 ee 0 1/13/2002 14 '35 200 2031 30017" v 11 70/02 • FIRST AMENDMENT TO DEED OF TRUST This First Amendment to Deed of Trust, dated as of July 31, 2002 ("Amendment"), is by and between L S BANK NATIONAL ASSOCIATION, a national banking association ( "Lender "), and NORTHWEST CONTAINER SERVICES, INC , an Oregon corporation ("Borrower"), and is made with reference to the following RECITALS A Borrower is the grantor for the benefit of Lender of a Leasehold Deed of Trust, Assignment of Rents and Leases and Security Agreement, dated January 17, 2002, and recorded under Recording No 20020123003031, records of King County, Washington (together with all amendments, modifications, supplements and exhibits thereto, the "Deed of Trust ") Lender remains the beneficiary of the Deed of Trust and Borrower remains the lessee of the real property subject to the Deed of Trust B The Deed of Trust, among other things, was given to secure a loan made by Lender to Borrower pursuant to that certain Credit Agreement, dated January 17, 2002, ( "Credit Agreement "), and as evidenced by that certain Revolving Credit Note, dated January 17, 2000, and those certain Equipment Notes to be executed by Borrower from time to time (collectively, the "Notes ") c Borrower entered that certain Lease Agreement, dated September 15, 2000, as amended by that certain Amendment to Lease, dated September 14, 2001, and as amended by o that certain Second Amendment to Lease Agreement, dated January 25, 2002, with SPS, LLC, a Washington limited liability company ( "Landlord "), for the lease of that certain • N property more particularly descnbed on Exhibit B -2 (the "Additional Property") D Borrower agrees to make the Additional Property subject to the hen of the Deed of Trust AGREEMENTS Therefore, in consideration of the agreements made herein and in the Credit Agreement, the parties agree as follows 1. Additional Property The lien of the Deed of Trust is hereby spread so as to cover the Additional Property To that end, Borrower hereby irrevocably grants, bargains, sells and conveys to U S Bank Trust Company, National Association ( "Trustee "), in trust with power of sale and right of entry and possession, for the benefit of Lender, the Additional Property, together with all 112187-5149/S13020720 3601 PAGE 1 hxacutson Copy 2. No Other Amendment 3 Counterparts [/SB020720360 DOC) other items of collateral descnbed in the granting clauses of the Deed of Trust as they arise from or are located on, used or useful in connection with or related to the Additional Property This grant is made for the purpose of securing performance of each agreement, payment and undertaking secured by the Deed of Trust as herein modified and as modified by the Credit Agreement The Additional Property is not used pnncipally for agricultural purposes The parties agree that the EXHIBIT A originally attached to the Deed of Trust is hereby deleted and the EXHIBIT A attached hereto is substituted therefor The parties further agree that the Exhibit B -2 ongtnally attached to the Deed of Trust is hereby deleted and the EXHIBIT B -2 attached hereto is substituted therefor The term "Property" as defined m the Deed of Trust shall mchide the Additional Property for all purposes under the Deed of Trust The parties mtend that the Deed of Trust and this Amendment shall be construed as a single instrument and the powers and duties of Borrower, Lender and Trustee shall be the same as if the Additional Property conveyed herem had originally been included in the Deed of Trust Except as provided herein or in the Credit Agreement, the Deed of Trust remains unmodified and the parties ratify and confirm all terms, covenants and provisions thereof This Amendment may be executed in one or more counterparts, each of which shall constitute an original agreement, but all of which together shall constitute one and the same agreement PAGE 2 Exeeut on Copy IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above [/S8020720360 DOC) • • Lender: U S BANK NATIONAL ASSOCIATION By - By Robert L DuRall, Senior Vice President Borrower: NORTHWEST CONTAINER SERVICES, INC , an Oregon corporation Gary Car e11, Chief Executive Officer PAGE3 Exacutton Copy STATE OF WASHINGTON ) 1 / ) ss COUNTY OF Cam\ 'J ) I certify that I know or have satisfactory evidence that Robert L DuRall is the person who appeared before me and said person acknowledged that he signed this instrument, on oath stated that he was authonzed to execute the instrument and acknowledged it as the Senior Vice President of L S BANK NATIONAL ASSOCIATION to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument GIVEN UNDER my hand and official seal hereto affix certificate first above written --- - --- - — Noloty Putt State of Washington JOSHUA AARON BOUNGBI I My Appointment Feiss Nov Z [/513020720360 Doc) • • day and year in this (S ignal . - . �� (Print orG�! of Notary) NOTARY PUBLIC m and for the State of Washington, residing at)s14ar.es . My appointment expires Ami .7-0 .2004 PAGE Exccuhon Copy I/0020720360 DOC) • • STATE OF ` hk Tit rrtr ) COUNTY OF ft/14441"A ) ss On this 2 s day of July, 2002, before me, the undersigned, a Notary Public m and for the State of Washington, duly commissioned and sworn, personally appeared Gary Cardwell, to me known to be the person who signed as Chief Executive Officer of NORTHWEST CONTAINER SERVICES, INC , the corporation that executed the within and foregomg Instrument, and acknowledged said uistrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, quahfied and acting as said officer of the corporation, that he was authonzed to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written Of-1•1:aA4. s�• L LONNA G WEISS NOTARY PLi3JC ORECON COMMISSION NO 341335 MY COMMISSION EXPIRES DEC 15, 2004 (Signature of Notary) Lwow"; g 144,'s) (Print or stamp name of Notary) NOTARY PUBLIC m and for the State of ogee residing at My appointment expires 7//4 /,too y PAGE $ Exeeuuon Copy VS8020720360 DOC] • • EXHIBIT A to First Amendment to Deed of Trust Leases 1 Lease, by and between Container Properties, L L C , a Washington limited liability company, and Northwest Container Services, Inc , an Oregon corporation, dated July 10, 1998 ( "Container Lease "), covenng cenaui property more particularly described in Exhibit B -1 2 Lease Agreement, dated September 15, 2000, as amended by that certam Amendment to Lease, dated September 14, 2001, and as amended by that certam Second Amendment to Lease Agreement, dated January 25, 2002, between SPS, LLC, a Washington hnuted Iiability company, and Northwest Container Services, Inc , an Oregon corporation PAGE6 Execution Copy LINE A LINE B I/SB020720360 DOCJ • • EXHIBIT B -1 to First Amendment to Deed of Trust Legal Description THAT PORTION OF TRACTS 1 AND 2 OF THE MEADOWS, ACCORDING TO THE PARTITION MAP OF PART OF THE FRANCIS MC NATT DONATION LAND CLAIM NO 38 FILED IN KING COUNTY SUPERIOR COURT CAUSE NO 120091, AND OF THE ABANDONED BED OF THE DUWAMISH RIVER, ALL LOCATED IN Cr! SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W M , IN KING COUNTY_. WASHINGTON, AND ALL LYING WESTERLY OF THE WESTERLY MARGINS OF EAST MARGINAL WAY SOUTH AND ALSO WESTERLY OF THE PARCEL OF LAND ADJOINING EAST MARGIN WAY WHICH WAS CONVEYED TO GREAT NORTHERN RAILWAY COMPANY BY DEED RECORDED UNDER FILE NO 4784818, co LYING EASTERLY OF THE EASTERLY MARGIN OF THE RIGHT OF WAY OF c COMMERCIAL WATERWAY DISTRICT NO 1 ( DUWAMISH WATERWAY), LYING SOUTHERLY OF THE HEREINAFTER DESCRIBED LINE A, AND LYING NORTHERLY OF THE HEREINAFTER DESCRIBED LINE B BEGINNING ON THE WESTERLY LINE OF EAST MARGIN WAY SOUTH, WHICH POINT BEARS NORTH 89 °15'54" WEST 2470 01 FEET ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST 648 77 FEET ALONG THE WESTERLY LINE OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MC NATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W M , IN KING COUNTY, WASHINGTON, RUNNING THENCE WEST 1574 72 FEET TO THE EASTERLY LINE OF COMMERCIAL WATERWAY NO 1, THENCE SOUTH 15 °00'00" EAST ALONG SAID EASTERLY LINE 237 76 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE A, THENCE EAST 1053 10 FEET, THENCE SOUTH 23 °02'00" EAST 46 03 FEET, THENCE EAST 561 38 FEET TO THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND THE TERMINUS OF SAID LINE A, BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AT A POINT WHICH BEARS NORTH 89 °15'54" WEST A DISTANCE OF 2470 01 FEET PACE 7 Execunon Copy • • ALONG THE DONATION CLAIM LINE AND SOUTH 23 °40'59" EAST A DISTANCE OF 1374 17 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MC NATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W M , IN KING COUNTY. WASHINGTON, SAID POINT BEING AT THE INTERSECTION OF THE WESTERLY MARGIN OF EAST MARGIN WAY SOUTH WITH THE NORTH LINE OF VAN DE VANTER STOCK FARM TRACT AND THE TRUE POINT OF BEGINNING OF SAID LINE B, THENCE NORTH 89 ° 27'50" WEST A DISTANCE OF 14 94 FEET, THENCE NORTH 86 °54'59" WEST A DISTANCE OF 486 97 FEET, THENCE NORTH 84 °17'04" WEST A DISTANCE OF 117 00 FEET, 'T THENCE SOUTH 83 °57'56" WEST A DISTANCE OF 119 00 FEET, THENCE SOUTH 70 °40'29" WEST A DISTANCE OF 110 173 FEET, THENCE SOUTH 61°33'40" WEST A DISTANCE OF 840 02 FEET, TO THE c EASTERLY LINE OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY "' DISTRICT NO 1 AND THE TERMINUS OF SAID LINE B, TOGETHER WITH THE RIGHT TO CROSS THE PARCEL CONVEYED THE GREAT NORTHERN RAILWAY COMPANY AS RESERVED IN DEED RECORDED UNDER FILE NO 4784818 •o nv (MSB020720360 DOG) PAGE8 E xecuton Copy ]1SB020120360 DOC] EXHIBIT B -2 to First Amendment to Deed of Trust Legal Description LOTS 5, 6, 7 AND 8, BLOCK 28, EXCEPT THE EAST 20 FEET THEREOF, ALL OF BLOCKS 29 AND 30, ALL IN LADD'S FIRST ADDITION TO SOUTH SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING COUNTY, WASHINGTON, TOGETHER WITH VACATED 7TH AVENUE SOUTH LYING SOUTH OF THE SOUTH LINE OF DREWRY STREET (NOW SOUTH EDMUNDS STREET), TOGETHER WITH VACATED PHELPS STREET BETWEEN THE EAST LINE OF MAYNARD AVENUE AND THE WEST LINE OF 8 114 AVENUE SOUTH ADJOINING SAID BLOCKS 28, 29 AND 30, AND TOGETHER WITH THE VACATED ALLEY IN SAID BLOCK 29, EXCEPT THAT PORTION OF LOTS 10, 11 AND 12 OF SAID BLOCK 30 AND OF SAID VACATED PHELPS STREET LYING WITHIN THE UNION PACIFIC RAILROAD COMPANY'S RIGHT -OF -WAY, ALSO EXCEPT FROM SAID BLOCK 30 ALL OF LOTS 1, 2, AND 3 SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PA6E9 Execution COPY 20030923002359 Document Title(s) (or transactions contained therein) 1 Second Amendment of Deed of Trust Reference Number(s) of Documents amended: 20020123003031 (on page _ of document) Grantor(s) (Last name first, then first name and initials) 1 Northwest Container Services, Inc Additional names on page of document Grantee(s) (Last name first, then first name and initials) 1 U S Bank National Association 2 Additional names on page _ of document Legal descnption (abbreviated i e lot, block, plat or section, township, range) Full legal description is on _ of document Assessor's Property. Tax Parcel/Account Number(s) Return Address U S Bank National Association 1420 Fifth Avenue, 11 Floor P 0 Box 720, WWH 395 Seattle, WA 98111 -0720 Attn Brandon Elieff • 200 30923002359 PAGE OF ON 24 00 00/23/2003 15:25 KING COUNTY ttA 20030923002359 REc EI ° eo SE? 1 4 2005 COM MUN/TY D EVELOP/WENT • • SECOND AMENDMENT OF DEED OF TRUST THIS SECOND AMENDMENT OF DEED OF TRUST ( "Amendment ") is made as of September 2, 2003, by and between U S BANK NATIONAL ASSOCIATION, a national banking association ( "U S Bank "), and NORTHWEST CONTAINER SERVICES, INC , an Oregon corporation ( "Borrower ") RECITALS A U S Bank made certain loans (the "Loans ") to Borrower pursuant to the terms and conditions of that certain Credit Agreement, dated January 17, 2002 ( "Credit Agreement "), and as evidenced by that certain Revolving Credit Note, dated January 17, 2002, and by those certain Equipment Notes executed by Borrower from time to time (collectively, the "Notes ") B The Loan is secured, in part, by that certain Leasehold Deed of Trust, Assignment of Rents and Leases and Secunty Agreement, dated January 17, 2002, and recorded under Recording No 20020123003031, records of King County, Washington, as amended by that certain First Amendment to Deed of Trust; dated July 31, 2002, and recorded under Recording No 20020813001783, records of King County, Washington (collectively, the "Deed of Trust "), encumbering those certain leases described on Exhibit A and covenng that certain property more particularly descnbed therein (collectively, the "Property ") C Borrower and U S Bank entered into that certain First Amendment to Credit Agreement of even date herewith ( "Credit Agreement Amendment "), whereby U S Bank agreed to extend the Equipment Loan Commitment Termination Date and the Revolving Credit Commitment Termination Date D The parties desire to confirm their intent that the Deed of Trust secures, among other things, the Borrower's obligations set forth in the Credit Agreement, as amended by the Credit Agreement Amendment, the Equipment Notes, and the Renewal Revolving Credit Note and all renewals, substitutions, and replacements thereof which evidences the Loans AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Borrower and U S Bank agree as follows SLCOND AMbNDMLN 1 01- D1 ID Oh 1 RUST 1158032450116 DOC) PAO, 2 1_RlcuIIUn (upy 20030923002359 SI COND AMLNDMINl OF DECDOF IRUSI Ifs►iO32430316 UOC) • • 1 Except as expressly provided in this Amendment, capitalized terms used in this Amendment shall have the meanings given such terms m the Credit Agreement 2 The foregoing recitals are incorporated in this Amendment by this reference 3 The parties agree that the Deed of Trust secures the Borrower's obhgations set forth in the Credit Agreement, as amended by the Credit Agreement Amendment, the Equipment Notes made by Borrower to U S Bank from time to time, and the Renewal Revolving Credit Note, from Borrower to U S Bank, with mterest thereon according to the terrns of the Credit Agreement, as amended by the Credit Agreement Amendment 4 Except as specifically provided for in this Amendment, all of the terms and conditions of the Deed of Trust shall remain in full force and effect ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. (The remainder of this page is intentionally left blank ) PAUL Lcecuunn Cupy 2003092300235 • IN WITNESS WHEREOF, the parties have executed and delivered this Amendment on the date first above written S1( ONO AMI NPM1 1.1 OF DU D OF TRUS 1 )/SD0124S0116 DOC) U.S. BANK: U S BANK NATIONAL ASSOCIATION By F72 U Name $RANDerJ 14 Ej,;¢f Title ON i Borrower: NORTHWEST CONTAINER SERVICES, INC , an Oregon corporation By Name 4 11.i EI..L Title MO PAGI 4 rrecuuun ( upy 2003092300235 STATE OF WASHINGTON COUNTY OF iC. ) ss I certify that I know or have satisfactory evidence that 5?urc> 71 /r I is the person who appeared before me and said person acknowledged that lc signed this instrument, on oath stated that t-e_ was authorized to execute the mstrument and acknowledged it as th 'r P -- of U S BANK NATIONAL ASSOCIATION to be the free and voluntary act of such parry for the uses and purposes mentioned m the instrument GIVEN UNDER my hand and official seal hereto affixed the day and year m this certificate first above wntten -- ' STAR yo'h 1 3 I + . •o NOTAR Y ? 1 s t p i / 7 () "- • i� PUBLIC S r • • i • • il l % OF WAS 11 (OND AMl NI)MI n I' OF DLI D OF MRUS I EiSB0:245O116 DOC) (Signature � of Notary) J e,,, - w_t Y ST zr - ke, ijet (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at 5 v 4- My appointment expires 12 /9/03 PAU 5 1 Wecmwn SI (OND AMI NI)MI N I OF DkJ'D OF I RUS ( /SSI ;2450116 DOC) • • Ot 6o/v STATE OF WMSTTINuTON ) ss COUNTY OF fil4 fioir144 On this 1 (O day of 1 )617irwi , 2003, before me, the undersigned, a Notary Pubhc in and for the State of Washington, duly commissioned and sworn, personally appeared Cady et rJ4 / , to me known to be the person who signed as e c o of NORTHWEST CONTAINER SERVICES, INC , the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that /kL was duly elected, qualified and acting as said officer of the corporation, that /f/d was authonzed to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above wntten OFFICIAL SEAL LONNA G WEISS NOTARv PUBLIC- OREGON MY COMMISSION tEXPIRES DEC 34133 2004 "). X191, (Signature of Notary) Zo4wg ll✓,'ss (Print or stamp name of Notary) NOTARY PUBLIC in and for the State D '8 'Y of Washmstan, residing at WAtetEX, ill'6ioWY My appointment expires /2 -if- ¢ c� PAM h Ltetution f ors 20030923002359 20040428002933 Document Title(s) (or transactions contained therein) I Third Amendment of Deed of Trust Reference Number(s) of Documents amended 20020123003031 (on page _ of document) Grantor(s) (Last name first, then first name and ininals) 1 Northwest Container Services, Inc 2 0 Additional names on page _ of document Grantee(s) (Last name first, then first name and initials) 1 U S Bank National Association 2 Additional names on page _ of document Legal descnption (abbreviated i e lot, block, plat or section, township, range) Full legal description is on _ of document Assessor's Property Tax Parcel/Account Number(s) Return Address • [.G S Bank National Association 1420 Fifth Avenue, 11 Floor P O Box 720, W W H 395 Seattle, WA 98111 -0720 Attn Brandon EliefT • 20040428002933 'N ���RECENEb PERKINS COIE NOT 24 00 PAGE001 OF 005 04/25/2001 15 25 KING COUNTY, YA 20040478002933 SEP 1 4 2035 OO MMUNITy ENT • • THIRD AMENDMENT OF DEED OF TRUST THIS THIRD AMENDMENT OF DEED OF TRUST ( "Amendment ") is made as of February 20, 2004, by and between U S BANK NATIONAL ASSOCIATION, a national banking association ( "U S Bank "), and NORTHWEST CONTAINER SERVICES, INC , an Oregon corporation ( "Borrower ") RECITALS A U S Bank made certain loans (the "Loans ") to Borrower pursuant to the terms and conditions of that certain Credit Agreement, dated January 17, 2002 ( "Credit Agreement "), and as evidenced by that certain Revolving Credit Note, dated January 17, 2002, and by those certain Equipment Notes executed by Borrower from time to time (collectively, the "Notes ") B The Loan is secured, in part, by that certain Leasehold Deed of Trust, Assignment of Rents and Leases and Security Agreement, dated January 17, 2002, and recorded under Recording No 20020123003031, records of King County, Washington, as amended by that certain First Amendment to Deed of Trust, dated July 31, 2002, and recorded under Recording No 20020813001783, records of King County, Washington, and by that certain Second Amendment to Deed of Trust, dated September 2, 2003, and recorded under Recording No 20030923002359, records of King County, Washington (collectively, the "Deed of Trust "), encumbering those certain leases descnbed on Exhibit A to the Deed of Trust and covering that certain property more particularly descnbed therein (collectively, the "Property ") C Borrower and U S Bank entered into that certain Second Amendment to Credit Agreement of even date herewith ( "Credit Agreement Amendment "), whereby U S Bank agreed to increase the amount of the Revolving Credit Commitment D The parties desire to confirm their Intent that the Deed of Trust secures, among other thmgs, the Borrower's obligations set forth m the Credit Agreement, as amended by the Credit Agreement Amendment and the Renewal Revolving Credit Note and all renewals, substitutions, and replacements thereof which evidences the Loans AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Borrower and U S Bank agree as follows 1 HIRD AM1 NI)MI N1 01 DLI I) 01 1 RUS 1 1/SI3040S002Id DOC 1 1'1(I 2 r1,.cuian Copy 20040428002939 • • 1 Except as expressly provided in this Amendment, capitalized terms used in this Amendment shall have the meanings given such tetras m the Credit Agreement 2 The foregoing recitals are incorporated in this Amendment by this reference 3 The parties agree that the Deed of Trust secures the Borrower's obligations set forth m the Credit Agreement, as amended by the Credit Agreement Amendment, the Equipment Notes made by Borrower to U S Bank from time to time, and the Renewal Revolving Credit Note, from Borrower to U S Bank, with interest thereon according to the terms of the Credit Agreement, as amended by the Credit Agreement Amendment 4 Except as specifically provided for in this Amendment, all of the terms and conditions of the Deed of Trust shall remam m full force and effect ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. I HIRI) AMI 141)MI N 1 01 1)1 1 1) or 1 RUS 1 I /CB(W)iOO2141XX I (The remainder of this page is intentionally left blank) P \GI3 I fxocuuon Coln 1 20040428002933 IN WITNESS WHEREOF, the parties have executed and delivered this Amendment on the date fast above written I HIRI AMI NI)ML N1 U1 1)1 1 1) 01 1 NUS I I/SRL n(x • • U.S. BANK: U S BANK NATIONAL ASSOCIATION y Name. ?Rt'vJ 1a=► EZ1 E p i Title J , i Borrower: NORTHWEST CONTAINER SERVICES, INC , an Oregon corporation By Name Title t.Fo PAGE 4 I lAccugon L np I 20040428002939 STATE OF WASHINGTON ) ) ss COUNTY OF �� ) I certify that I know or have satisfactory evidence that &.>, —cFOw E 1s.( -0-c is the person who appeared before me and said person acknowledged that \.•& signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the g. • of U S BANK NATIONAL ASSOCIATION to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument GIVEN UNDER my hand and official seal hereto affixed the day and year m this certificate first above wntten Notary Public State of Washington JOSHUA AARON BO-HGER 1 My Appointrnenl Expire. tr rr 20. 201). 1 l IIKD AMENDMI N1 Of IM hD U1 l KITS 1 i/ti1iO40500214 DUC Li Si: • �: o . ary) 'TeL.4-.... (Print or stamp name of Notary) �J NOTARY PUBLIC in and for thetate of Washington, residing at)r1 0• b--c s My appointment expires l 7-0 Qcou PALA 5 I raaulhnn Cop) 1 THIRD AMINOW NI U1 DI1DOI 1RLIS1 t /,1344(5O 214 DO( I • 0 REG -cr3 STATE OF ) ) ss COUNTY OF MALI/7.30MA1.1) On this 2.5 day of FEBP.;nARY • 2004, before me, the undersigned. a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appearedGARY CARD(.4E.LL. , to me known to be the person who signed as GEC) of NORTHWEST CONTAINER SERVICES, INC . the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authonzed to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written (Signature of Notary) r' �4Y4 4 ie e:s.S (Pnnt or stamp name of Notary) LIC in and for the State residing at f7 llI Art, Ada; QiK(SX My appointment expires /2 /f.sof OFFICIAL SEAL LONNA G WEISS NOTAA' "UdLIC- OREGON COMMISSION NO 341335 MY COMMISSION'XNIRES DEC 19.2004 N4GI n r*c uunn l opy l 20040428002933. • REC4ED SEP 14 2005 COMMUNITY DEVELOPMENT =3 -57 4014 14495.00 $4.95Lri 44.E (201 OAP) Chomioal Company, del aarp' Egon Was fi A Ra ilr*dia Navigation Coa ari' tom, 3ro at 34rthorn Railway Comparj, woo Northern rim mum Qftwaoy a diro. Waage kilsommos Sul andPaoltio Rrilrasd sop►, aubjoo tCo •emasana rstensotrroa And (oontaihia 80.258 aorssnfi) sl$in tis 1 ani 2 t� *oodg to pit aadthzst boleag part rP Frsocis ration land slain No 38 insee 33-2 ;:4 ova KCW daf ot1ntorsootionot the is iirjoof sd t% 2 wtsicSty Binary st h wy No 1 Capasta nl way) wbi pt is distant Wily, n ,sutrad old sd W line, from d Francis iao ttDonat ioa land o is e; 'ty a1QW1y 1inoot •dhiwy diaaahesQt7j5 tt; lg striaht lino whio it rms amnia of t3.01' W with idly linsorsdhiwy distanoeot 122 ttm11 to 9 distant SW ymossursd ugx&t rlghtangles from next hiwy; lyaldstritisight line pllw ti',i sd day lU not etanosof 603 ttm /1 to p6 min X llne ed tt 2; ¥ line diets/moon/3.5 ttm /1 topob. 2; Aawe vet that. Qzantarsxpr. p d jr resets tsw toe Lt on Company oorp ¥or,bi Ng* Milwmunse . n t t s :. a,% 2 t e Francis 4 e KCW i't 2 shichidi7 which pt la lithe, from it 1 5,J tt; of 8 01 122 fsm/ 1 to Jo les from y 'loot oCed tt b. ,old al tse.lt hw, irennath . e: ss K i sadrtcx. aulliuteq it : •3 ne' t I: .l'�if • WETLAND INVENTORY REPORT 1 Duwamish River Lower Green River Green River Basin Photo Date: 5 -80 WETLAND: Lower Green River 2 LOCATION: INVENTORY DATE: ACREAGE: CLASSIFICATION: Fish and Wildlife Service Common Name L1UB3 L2UB2 • N 3 -22 -4; S 34 -23 -4 8 =27 -81 100 Lacustrine, Linmetic, Open Water Unconsolidated bottom, Mud Lacustrine, Littoral, Unconsolidated bottom, San d North A COMMUNITY PLAN AREA: BASIN OR DRAINAGE: Open Water Approx. Scale: 1" = 1000 Highline Green River NOTE: The wetland edge shown above Is approximate. In marshes, ponds or takes, the transition from standing water to uplands is usually clear. However the edges of forested or scrub /shrub wetlands are less distinct. There the change from wetland to upland often occurs over a broad area called the "transition zone". For a discussion, see Wetland Plants of King County and the Puget Sound Lowlands and "Guidelines fnr Klnn CrumMv Watt snAr •• Lower Green River 2 • • OBSERVED SPECIES: (refer to list in Appendix 1) Trees: AR, FL, PT Herbs: IP, NP, TL Shrubs: SX, SD Sedges /Rushes/Grass/Fern: JE Birds: Mammals: Fish: Other: RARE /ENDANGERED/THREATENED SPECIES: (refer to list in Appendix 2) Recorded/Observed: Potential: SIGNIFICANT HABITAT FEATURES: OUTLET: Type: Not Found Condition: Outflow enters: POTENTIAL STORAGE: Existing Active: 50 ac. ft. Potential Active: 150 ac. ft. GENERAL OBSERVATIONS: Heavy recreational use at park beach — both swimming and fishing; noise impacts from jet planes. WETLAND EVALUATION SUMMARY: Data was collected in the five categories shown below. Within each category the data was evaluated to produce numerical values. Composite values for each category were produced in order to compare each wetland to other wetlands in its sub -basin and in King County. The result of that comparison was a percentile rank. The percentile is expressed on a scale of one hundred and indicates the percent of wetlands that scored equal to or below that particular site. For example, a percentile rank of 80 under sub -basin means that the wetland scored equal to or better than 80 percent of all sites within the sub -basin for that evaluation category. NOTE: The percentile ranks are valid only within the individual evaluation category and are intended solely for reference and comparison. Evaluation Category Hydrology: runoff storage potential, water quality, potential for minimizing damage in downstream areas Biology: quality of habitat, abundance and diversity of plant and animal species Visual: diversity and contrast of wetland and surrounding vegetation, surrounding landforms Cultural: types of access, proximity to schools/institutions, overall environmental quality Economic: presence of agriculture/peat extraction, anadromous or game fish, game birds or mammals of commercial value WETLAND RATING: Sub -basin County -wide 69 57 76 70 .100 38 46 Rank (by percentile) 70 60 44 Each wetland was assigned one of three possible wetland ratings. The wetland ratings were determined by examining the scores of selected - inventory tasks, specific data or percentile ranks for individual evaluation categories_ The criteria used to assign the wetland ratings are described in the Introduction_ For each rating a number of specific guidelines for new development in or adjacent to wetlands were prepared. The guidelines are intended to assist in carrying out King County's Sensitive Areas Ordinance and other wetland policies. They are included in a separate report titled "G$rdelines for King County Wetlands". Wetland Rating: 2 Photo Date: 5 -80 WETLAND: Lower Green River 3 LOCATION: NE, SE 3 -22 -4; NW, SE 3 -22 -4 INVENTORY DATE: 8 =27 - 81 ACREAGE: 6.8 CLASSIFICATION: Fish and Wildlife Service Common Name PEM5 PSS1 Palustrine, Emergent, Narrow - leaved, Persistent (Cattai 1) Palustrine, Scrub - shrub, Broad - leaved Deciduous (Willow) 1 North A COMMUNITY PLAN AREA: BASIN OR DRAINAGE: Shallow Marsh Scrub -Shrub Approx. Scale: t " = 500' Green River Valley Green River NOTE: The wetland edge shown above Is approximate. In marshes, ponds or Takes, the transition from standing water to uplands Is usually clear. However, the edges of forested or scrub /shrub wetlands are less distinct. There, the change from wetland to upland often occurs over a broad area called the "transition zone ". For a discussion, see Wetland Plants of King County and the Pueet Lower Green River 3 OBSERVED SPECIES: (refer to list in Appendix 1) Trees: Herbs: PH, RR, TL Shrubs: SX Sedges /Rushes /Grass/Fern: JA, AC, EX, PA Birds: GB, VR, KD, VS, TS, BS, MW, GF Mammals: Fish: Other: RARE /ENDANGERED/THREATENED SPECIES: (refer to list in Appendix 2) Recorded/Observed: Potential: SIGNIFICANT HABITAT FEATURES: OUTLET: Type: Condition: Outflow enters: POTENTIAL STORAGE: Existing Active: Potential Active: •, • Evaluation Category Overland, undefined Stream 0 ac. ft. 0 ac. ft. GENERAL OBSERVATIONS: Freeway noise from 1-5. WETLAND EVALUATION SUMMARY: Data was collected in the five categories shown below. Within each category the data was evaluated to produce numerical values. Composite values for each category were produced in order to compare each wetland to other wetlands in its sub -basin and in King County. The result of that comparison was a percentile rank. The percentile is expressed on a scale of one hundred and indicates the percent of wetlands that scored equal to or below that particular site. For example, a percentile rank of 80 under sub -basin means that the wetland scored equal to or better than 80 percent of all sites within the sub -basin for that evaluation category. NOTE: The percentile ranks are valid only within the individual evaluation category and are intended solely for reference and comparison. Hydrology: runoff storage potential, water quality, potential for minimizing damage in downstream areas Biology: quality of habitat, abundance and diversity of plant and animal species Visual: diversity and contrast of wetland and surrounding vegetation, surrounding landforms Cultural: types of access, proximity to schools/institutions, overall environmental quality Economic: presence of agriculture /peat extraction, anadromous or game fish, game birds or mammals of commercial value WETLAND RATING: Probable winter habitat for ducks and shore birds. Rank (by percentile) Sub -basin County -wide .23 22 69 62 92 65 61 84 61 79 Each wetland was assigned one of three possible wetland ratings. The wetland ratings were determined by examining the scores of selected ■nventory -tasks, specific data or percentile ranks for individual evaluation categories. The criteria used to assign the wetland ratings are lescribed in the Introduction. For each rating a number of specific guidelines for new development in or adjacent to wetlands were prepared. The guidelines are intended to assist in carrying out King County's Sensitive Areas Ordinance and other wetland policies. They are included in a separate report titled "Gu'delines for King County Wetlands ". Wetland Rating: 2 Photo Date: 5-80 WETLAND: Lower Green River 5 LOCATION: INVENTORY DATE: ACREAGE: PSS1 NE, SW, 3 -22 -4; SE, SW 3 -22 -4 8 -27 -81 3.4 CLASSIFICATION: Fish and Wildlife Service Common Name Palustrine, Scrub - Shrub, Broad - leaved Deciduous (Hardback) North A COMMUNITY PLAN AREA: Green River Valley BASIN OR DRAINAGE: Green River Scrub -Shrub Approx. Scale: 1"= 500 ' NOTE: The wetland edge shown above is approximate_ In marshes. ponds or lakes, the transition from standing water to uplands 1s usually clear. However, the edges of forested or scrub /shrub wetlands are less distinct. There, the change from wetland to upland often occurs over a broad area called the "transition zone". For a discussion, see Wetland Plants of King County and the Puget Sound Lowlands and "Guidelines fnr Kinn Cnunfv Wa* 1.nric Lower t,reen raver • OBSERVED SPECIES: (refer to list in Appendix 1) Trees: TS Herbs: CD Shrubs: CS, K0, LL, MD, SD, VP Sedges/Rushes/Grass/Fem: Birds: RH, SS Mammals. Fish: Other: RARE /ENDANGERED/THREATENED SPECIES: (refer to list in Appendix 2) Recorded/Observed: Potential: SIGNIFICANT HABITAT FEATURES: Several snags and perches overlooking river valley below. OUTLET: POTENTIAL STORAGE: Existing Active: 0 ac. ft. Potential Active: 0 ac. ft. GENERAL OBSERVATIONS: Type: None Condition: Outflow enters: NETLAND EVALUATION SUMMARY: Data was collected in the five categories shown below. Within each category the data was evaluated to produce numerical values. Composite values for each category were produced in order to compare each wetland to other wetlands in its sub-basin and in King County. The result of that comparison was a percentile rank. The percentile is expressed on a scale of one hundred and indicates the percent of wetlands that scored equal to or below that particular site. For example, a percentile rank of 80 under sub -basin means that the wetland scored equal to or better than 80 percent of all sites within the sub -basin for that evaluation category. NOTE: The percentile ranks are valid only within the individual evaluation category and are intended solely for reference and comparison. - - Hydrology: runoff storage potential, water quality, potential for minimizing damage in downstream areas Biology: quality of habitat, abundance and diversity of plant and animal species Visual: diversity and contrast of wetland and surrounding vegetation, surrounding landforms Cultural: types of access, proximity to schools/institutions, overall environmental quality Economjc: presence of agriculture/peat extraction, anadromous or game fish. game birds or mammals of commercial value WETLAND RATING: Evaluation Category Rank (by percentile) Sub -basin County -wide 15 18 53 43 38 24 100 100 100 79 Each wetland was assigned one of three possible wetland'ratings. The wetland ratings were determined by examining the scores of selected inventory tasks, specific data or percentile ranks for individual evaluation categories. The criteria used to assign the wetland ratings are escribed in the Introduction. For each rating a number of specific guidelines for new development in or adjacent to wetlands were prepared. (he guidelines are intended to assist in carrying out King County's Sensitive Areas Ordinance and other wetland policies. They are included in a separate report titled "Gultfalines for King County Wetlands ". Wetland Rating: 2 • • 4.0 FLOW CONTROL AND WATER QUALITY FACILITY ANALYSIS AND DESIGN B. Developed Site Hydrology 4.0 FLOW CONTROL AND WATER QUALITY FACILITY ANALYSIS AND DESIGN A. Existing Site Hydrology • • Under existing conditions, the site is fully developed and is abandoned at this time. Portions of the site consist of gravel surface but the majority of the site consists of buildings and asphalt. The proposal for this development is to demolish all the buildings and remove all the existing development from the project site, regrade the site, repave, and construct a single building located in the eastern portion of the project site. The existing site tends to drain in a westerly direction into the Duwamish Waterway and there are existing catch basin, collection, and pipe conveyance facilities scattered throughout the entire project site that tend to route runoff into the Duwamish Waterway. This project is exempt from Flow Control since it directly discharges into the Duwamish Waterway as allowed by the City of Tukwila and the 1998 King County, Washington Surface Water Design Manual. Since no Flow Control is required, the only requirement would be for Water Quality. The proposal for this development is to route runoff from two different basins on site, one from the east, which is 9.07 acres of impervious surface, and one basin from the west of 6.05 acres of impervious surface, including a new building. All this runoff will be routed to two separate stormceptors, one for each basin, and is sized in the following pages of this report. After routing runoff to the stormceptors and being treated for Water Quality, the runoff will directly discharge into the Duwamish Waterway. C. Performance Standards Flow Control is not a requirement for this project site. The conveyance system capacity standards utilized for this project site will be designed to the Santa Barbara Urban Hydrograph method for determining flow rates for the on -site conveyance system since the project site is over 10 acres in size. The area- specific Water Quality Treatment Menu for this project site allows the use of stormceptors as allowed by the City of Tukwila for redevelopment projects of this nature, which should greatly improve the water quality leaving the project site. D. Flow Control System Not applicable. E. Water Quality System Please see the illustrated sketch of the proposed water quality facilities and appurtenances. Also, the calculations are located on the following pages of this report for sizing the stormceptors. 10265.004.doc • • WATER QUALITY SIZING FOR WEST BASIN Stormceptor CD Sizing Program Version 4.0.0 Country United States Date Project Number Project Name Project Location Company Designer Notes Rainfall Station Rainfall File Latitude = Longitude = Elevation = Rainfall Period of Record Site Parameters Total Drainage Area Total Imperviousness ( %) Overland Flow Width Overland Slope ( %) Impervious Depression Storage Pervious Depression Storage Impervious Mannings n Pervious Mannings n Infiltration Parameters Horton Infiltration Used Initial (Max) Infiltration Rate Final (Min) Infiltration Rate Infiltration Decay Rate (1 /sec) Infiltration Regeneration Rate (1 /sec) Daily evaporation • Sediment build -up reduces the storage volume for settling calculations A maintenance cycle of 12 months was chosen (The Stormceptor will be cleaned out every 12 months) TSS Loading Calculations 0.100 in /day Buildup / Washoff Loading Chosen . 9, p 7 66. $. ® F k T e- �1 - 7 ZOO SEATTLE TACOMA INTL AP WA7473.NDC N 47 deg 27 min W 122 deg 18 min 400. ft 1965 to 1999 9.07 ac 100.00 1257. ft 2.0 0.020 in 0.200 in 0.015 0.250 2.44 in /h 0.40 in /h 0.00055 0.010 Buildup Washoff allocates more washoff in the rising limb of the hydrograph Target Event Mean Concentration (mg /1) Buildup Exponent Washoff Exponent Availability Factors for Particles >= Availability = A + Bi ^C A = B i = C = Stormwater Particle Size Distribution Table Diameter Percent Specific Gravity Settling Velocity (um) ( %) ft /s 20.0 20.0 60.0 20.0 150.0 20.0 400.0 20.0 2000.0 20.0 Rainfall records Total rainfall period Total rainfall = Average annual rainfall = Rainfall event analysis • • 1.30 1.80 2.20 2.65 2.65 0.0013 0.0051 0.0354 0.2123 0.9417 Flocculated settling assumed for particles <= 20 um 2.0 hour inter event time used to determine # of events < in Events % Vol in 1965 to 1999 35 years 1296.9 in 37.1 in 0.25 7020 82.9 455. 35.1 0.50 907 10.7 323. 24.9 0.75 280 3.3 170. 13.1 1.00 107 1.3 93. 7.2 1.25 55 0.6 62. 4.8 1.50 37 0.4 51. 3.9 1.75 25 0.3 41. 3.2 2.00 12 0.1 22. 1.7 2.25 5 0.1 11. 0.8 2.50 6 0.1 15. 1.1 2.75 6 0.1 16. 1.2 3.00 5 0.1 15. 1.1 3.25 1 0.0 3. 0.3 3.50 1 0.0 3. 0.3 3.75 1 0.0 4 0.3 4.00 1 0.0 4. 0.3 4.25 0 0.0 0. 0.0 4.50 1 0.0 4. 0.3 4.75 1 0.0 5. 0.4 125. 0.400 0.200 400. um 0.057 0.040 rainfall intensity 1.100 • • 5.00 0 0.0 0. 0.0 5.25 0 0.0 0. 0.0 5.50 0 0.0 0. 0.0 5.75 0 0.0 0. 0.0 6.00 0 0.0 0. 0.0 6.25 0 0.0 0. 0.0 6.50 0 0.0 0. 0.0 6.75 0 0.0 0. 0.0 7.00 0 0.0 0. 0.0 7.25 0 0.0 0. 0.0 7.50 0 0.0 0. 0.0 7.75 0 0.0 0. 0.0 8.00 0 0.0 0. 0.0 8.25 0 0.0 0. 0.0 > 8.25 0 0.0 0. 0.0 Total rain Number of rain events 1297. in 8471 Rainfall intensity analysis Average intensity = 0.16 in /h < in /h Number % Vol in % 0.25 26614 82.4 678. 52.3 0.50 4270 13.2 374. 28.8 0.75 1018 3.2 152. 11.7 1.00 272 0.8 58. 4.5 1.25 59 0.2 16. 1.3 1.50 29 0.1 10. 0.8 1.75 13 0.0 5. 0.4 2.00 5 0.0 2. 0.2 2.25 2 0.0 1. 0.1 2.50 0 0.0 0. 0.0 2.75 1 0.0 1. 0.0 3.00 0 0.0 0. 0.0 3.25 0 0.0 0. 0.0 3.50 0 0.0 0. 0.0 3.75 0 0.0 0. 0.0 4.00 0 0.0 0. 0.0 4.25 0 0.0 0. 0.0 4.50 0 0.0 0. 0.0 4.75 0 0.0 0. 0.0 5.00 0 0.0 0. 0.0 5.25 0 0.0 0. 0.0 5.50 0 0.0 0. 0.0 5.75 0 0.0 0. 0.0 6.00 0 0.0 0. 0.0 6.25 0 0.0 0. 0.0 6.50 0 0.0 0. 0.0 6.75 0 0.0 0. 0.0 7.00 0 0.0 0. 0.0 7.25 0 0.0 0. 0.0 7.50 0 0.0 0. 0.0 7.75 0 0.0 0. 0.0 8.00 0 0.0 0. 0.0 8.25 0 0.0 0. 0.0 > 8.25 0 0.0 0. 0.0 Total rainfall = Total evaporation = Total infiltration = % Rainfall as runoff = 1296.9 in 213.7 in 0.0 in 84.6 % Average Event Mean Concentration for TSS (mg /1) 121.5 TSS Removal Simulation Results Table Stormceptor Treated Q % Runoff Tank TSS Overall TSS Model cfs Treated Removal ( %) Removal ( %) STC 450 0.283 46. 60. 48. STC 900 0.636 66. 69. 63. STC 1200 0.636 66. 75. 68. STC 1800 0.636 66. 75. 68. STC 2400 1.059 78. 77. 73. STC 3600 1.059 78. 78. 74. STC 4800 1.766 88. 80. 78. STC 6000 1.766 88. 81. 79. C .l + 7 too STC 7200 2.472 93. 83. 82. /� STC 11000 3.531 96. 86. 86. STC 13000 3.531 96. 86. 86. STC 16000 4.944 98. 88. 88. Hydrology Table - Volume of Runoff Treated vs By -Pass Flow Rate Treated Q Treated Vol Over Vol Tot Vol % Treated cfs ft3 ft3 ft3 0.035 3846946. 32297380. 36127684. 10.6 0.141 11062992. 25078510. 36127684. 30.6 0.318 17570054. 18544364. 36127684. 48.6 0.565 22757840. 13369559. 36127684. 63.0 0.883 26695514. 9424354. 36127684. 73.9 1.271 29585570. 6547698. 36127684. 81.9 1.730 31616332. 4513518. 36127684. 87.5 2.260 33064322. 3063297. 36127684. 91.5 2.860 34065864. 2062684. 36127684. 94.3 3.531 34745324. 1383179. 36127684. 96.2 4.273 35216812. 910360. 36127684. 97.5 5.085 35529544. 598129. 36127684. 98.3 5.968 35734504. 393000. 36127684. 98.9 6.922 35869056. 258778. 36127684. 99.3 7.946 35958140. 169622. 36127684. 99.5 9.041 36016580. 111101. 36127684. 99.7 10.206 36056236. 71452. 36127684. 99.8 11.442 36083252. 44431. 36127684. 99.9 12.749 36101264. 26388. 36127684. 99.9 14.126 36112292. 15392. 36127684. 100.0 15.574 36119560. 8119. 36127684. 100.0 17.092 36123732. 3952. 36127684. 100.0 18.681 36125808. 1876. 36127684. 100.0 20.341 36126904. 775. 36127684. 100.0 22.072 36127540. 142. 36127684. 100.0 23.873 36127684. 0. 36127684. 100.0 25.744 36127684. 0. 36127684. 100.0 27.687 36127684. 0. 36127684. 100.0 29.700 36127684. 0. 36127684. 100.0 31.783 36127684. 0. 36127684. 100.0 End of Simulation • • WATER QUALITY SIZING FOR EAST BASIN Stormceptor CD Sizing Program Version 4.0.0 Country United States Date 9/30/05 Project Number Project Name Project Location Company Designer Notes Rainfall Station Rainfall File Latitude = Longitude = Elevation = Rainfall Period of Record Site Parameters Total Drainage Area Total Imperviousness ( %) Overland Flow Width Overland Slope ( %) Impervious Depression Storage Pervious Depression Storage Impervious Mannings n Pervious Mannings n Infiltration Parameters Horton Infiltration Used Initial (Max) Infiltration Rate Final (Min) Infiltration Rate Infiltration Decay Rate (1 /sec) Infiltration Regeneration Rate (1 /sec) Daily evaporation Sediment build -up reduces the storage volume for settling calculations A maintenance cycle of 12 months was chosen (The Stormceptor will be cleaned out every 12 months) TSS Loading Calculations 0.100 in /day Buildup / Washoff Loading Chosen 6.05 ac 100.00 1027. ft 2.0 0.020 in 0.200 in 0.015 0.250 Ps 0.05 11 14. 1, `'rper E $ i Yd 6/451 f)P SEATTLE TACOMA INTL AP WA7473.NDC N 47 deg 27 min W 122 deg 18 min 400. ft 1965 to 1999 2.44 in /h 0.40 in /h 0.00055 0.010 A ,w1 ie� 5��-� ceefsf 1 G 400 U DAVIS PROPERTY SEATTLE BARGHAUSEN JAKE Buildup Washoff allocates more washoff in the rising limb of the hydrograph Target Event Mean Concentration (mg /1) Buildup Exponent Washoff Exponent Availability Factors for Particles >_ Availability = A + Bi ^C A = B = i= C = Stormwater Particle Size Distribution Table Diameter Percent Specific Gravity Settling Velocity (um) ( %) ft /s 20.0 20.0 60.0 20.0 150.0 20.0 400.0 20.0 2000.0 20.0 Rainfall records Total rainfall period Total rainfall = Average annual rainfall = Rainfall event analysis • • 1.30 1.80 2.20 2.65 2.65 125. 0.400 0.200 400. um 0.057 0.040 rainfall intensity 1.100 0.0013 0.0051 0.0354 0.2123 0.9417 Flocculated settling assumed for particles <= 20 um 1965 to 1999 35 years 1296.9 in 37.1 in 2.0 hour inter event time used to determine # of events < in Events Vol in 0.25 7020 82.9 455. 35.1 0.50 907 10.7 323. 24.9 0.75 280 3.3 170. 13.1 1.00 107 1.3 93. 7.2 1.25 55 0.6 62. 4.8 1.50 37 0.4 51. 3.9 1.75 25 0.3 41. 3.2 2.00 12 0.1 22. 1.7 2.25 5 0.1 11. 0.8 2.50 6 0.1 15. 1.1 2.75 6 0.1 16. 1.2 3.00 5 0.1 15. 1.1 3.25 1 0.0 3. 0.3 3.50 1 0.0 3. 0.3 3.75 1 0.0 4. 0.3 4.00 1 0.0 4. 0.3 4.25 0 0.0 0. 0.0 4.50 1 0.0 4. 0.3 4.75 1 0.0 5. 0.4 • • 5.00 0 0.0 0. 0.0 5.25 0 0.0 0. 0.0 5.50 0 0.0 0. 0.0 5.75 0 0.0 0. 0.0 6.00 0 0.0 0. 0.0 6.25 0 0.0 0. 0.0 6.50 0 0.0 0. 0.0 6.75 0 0.0 0. 0.0 7.00 0 0.0 0. 0.0 7.25 0 0.0 0. 0.0 7.50 0 0.0 0. 0.0 7.75 0 0.0 0. 0.0 8.00 0 0.0 0. 0.0 8.25 0 0.0 0. 0.0 > 8.25 0 0.0 0. 0.0 Total rain Number of rain events Rainfall intensity analysis Average intensity = 0.16 in /h < in /h Number 1297. in 8471 Vol in 0.25 26614 82.4 678. 52.3 0.50 4270 13.2 374. 28.8 0.75 1018 3.2 152. 11.7 1.00 272 0.8 58. 4.5 1.25 59 0.2 16. 1.3 1.50 29 0.1 10. 0.8 1.75 13 0.0 5. 0.4 2.00 5 0.0 2. 0.2 2.25 2 0.0 1. 0.1 2.50 0 0.0 0. 0.0 2.75 1 0.0 1. 0.0 3.00 0 0.0 0. 0.0 3.25 0 0.0 0. 0.0 3.50 0 0.0 0. 0.0 3.75 0 0.0 0. 0.0 4.00 0 0.0 0. 0.0 4.25 0 0.0 0. 0.0 4.50 0 0.0 0. 0.0 4.75 0 0.0 0. 0.0 5.00 0 0.0 0. 0.0 5.25 0 0.0 0. 0.0 5.50 0 0.0 0. 0.0 5.75 0 0.0 0. 0.0 6.00 0 0.0 0. 0.0 6.25 0 0.0 0. 0.0 6.50 0 0.0 0. 0.0 6.75 0 0.0 0. 0.0 7.00 0 0.0 0. 0.0 7.25 0 0.0 0. 0.0 7.50 0 0.0 0. 0.0 7.75 0 0.0 0. 0.0 8.00 0 0.0 0. 0.0 8.25 0 0.0 0. 0.0 > 8.25 0 0.0 0. 0.0 Total rainfall = Total evaporation = Total infiltration = % Rainfall as runoff = Average Event Mean Concentration for TSS (mg /1) TSS Removal Simulation Results Table Stormceptor Treated Q Model cfs STC 450 0.283 STC 900 0.636 STC 1200 0.636 STC 1800 0.636 STC 2400 1.059 STC 3600 1.059 STC 4800 1.766 STC 6000 1.766 STC 7200 2.472 STC 11000 3.531 STC 13000 3.531 STC 16000 4.944 Treated Q cfs 0.035 0.141 0.318 0.565 0.883 1.271 1.730 2.260 2.860 3.531 4.273 5.085 5.968 6.922 7.946 9.041 10.206 11.442 12.749 14.126 15.574 17.092 Treated Vol ft3 3485250. 9039361. 13651928. 17100482. 19567194. 21230756. 22335992. 23053650. 23514958. 23802378. 23973158. 24075914. 24138034. 24175678. 24199150. 24213012. 24220802. 24225232. 24227102. 24227974. 24228348. 24228348. 1296.9 in 211.8 in 0.0 in 85.1 % 122.0 % Runoff Tank TSS Overall TSS Treated Removal ( %) Removal ( %) 53. 73. 73. 73. 84. 84. 92. 92. 96. 98. 98. 99. 72. 77. 78. 78. 80. 81. 8) . 84. 86. 89. 89. 91. 61. 73. 73. 73. 78. 78. 83. 85. 89. 89. 91. Hydrology Table - Volume of Runoff Treated vs By -Pass Flow Rate Over Vol Tot Vol ft3 ft3 % Treated 20757068. 24228348. 14.4 15192909. 24228348. 37.3 10571871. 24228348. 56.3 7125550. 24228348. 70.6 4655345. 24228348. 80.8 2997661. 24228348. 87.6 1890875. 24228348. 92.2 1173650. 24228348. 95.2 712867. 24228348. 97.1 425932. 24228348. 98.2 254886. 24228348. 98.9 152345. 24228348. 99.4 90197. 24228348. 99.6 52680. 24228348. 99.8 29183. 24228348. 99.9 15331. 24228348. 99.9 7543. 24228348. 100.0 3118. 24228348. 100.0 1244. 24228348. 100.0 374. 24228348. 100.0 0. 24228348. 100.0 0. 24228348. 100.0 82. UU� A-too 18.681 24228348. 0. 24228348. 100.0 20.341 24228348. 0. 24228348. 100.0 22.072 24228348. 0. 24228348. 100.0 23.873 24228348. 0. 24228348. ' 100.0 25.744 24228348. 0. 24228348. 100.0 27.687 24228348. 0. 24228348. 100.0 29.700 24228348. 0. 24228348. 100.0 31.783 24228348. 0. 24228348. 100.0 End of Simulation • • i r(.l "' P> 10! iliq - l i IP ° if l i irg 111 !do • 1 ill 0 i i ois - tg !Ogg 1 013e91) 0000e0raMp F e RE $ R 1g 1 1&411 101 M11' f°1101111 g g 22 g aaaaaa cnexcacnex 1 1 8 pi! WI pgiigiggpri!11401IT 51110 p " al gagggt I Ll � ��A3 4g fe 0i 110;X§ig 1 )1 f;jwiq gF Ps A f WOO �AA o 7 q 01P s IC r 6t 3 rLo gait 111 g! u S 3 A 1 1101 atiLL 1.firef A A si e [ I a I F Ili 18215 72ND AVENUE SOUTH KENT. WA 98032 (425)251 -6222 (425)251 -8782 FAX r'•.''S'pH \ \ ^an fl ' r.n1 ,.., n.._ CML ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES "...11111■_, \\ w FOR DAVIS PROPERTY AND INVESTMENT PO BOX 1043 KENT, WASHINGTON 98035 -1043 0 S 8 COVER SHEET DAVIS PROPERTY AND INVESTMENT • I 0 1 rn rn 0 0 z 0 D z 0 cn 0 0 D z D 0 rn z SOURCE 1990 KING COUNTY SENSITIVE AREAS FOLIO q •.. �k .AZ SD. 1y!II���: �'tY /•. 71 e AI� t U s�ir , �wcrrbl�lOB: S� + Q 'alai. '~'`�✓ , t FILISICULIMIZ .mil 172 �. Il:9FdFiIi. 1z k.[V :x �;�ty ��y� w1 X11 Riq r�(����f��.N �,U e � v atQaws ganzp 1.Mfg: in WI 3TTLE STREAMS AND FLOOD HAZARD AREAS NORTH ,gyp vsc art � � Y.7" fi ` raur4easXl4aa aes�x1.6 — �:eaa>�uz.4w. ■cs•1l arom 7 aGI ` .'o �.rt' .,M a�v,aaeo i a 1� y 'ava0=1 = y_, .... d• , hs I — AMY ildefolidliMPACTIMPAINN �on,er� :pp �E � • � iw , �� ai •` CM.'R�a y 9 ■YJl�lf •JS�w M'a iEit i y i { �i � *I�7' i E���y�yyd la �� LEr, F .Y[Llri.]it• X 1'NIGIO�I •� �y 1 1t � � �•!�7"1��' � �1� / � .�J�'� 'i , s. is _ �. ! _ 111111 1�I}I��� a 3 ► fir r1E � � � � '� aaSSisi /Pry � ;ate' : ^'s.�urer � -��. �sae._e. aa.n ; Y�i axaaaili .:. mawaeara- or .»ff.d.. a Z—' , .c . o rF, jakIMA IM4A'� 10: Inn 112512MMINOM.1111k51011:111MC: ;MOM. ��j a: n�awre..usU?Y4►7r. eaalr0 wl waaaa. j 1 ff S AP 7fdYar a O�R:+1MlA�1� e8 �!.1.•• � , .�- -w �. r. ! .J ...., .. -r min li d,. ';A6 Y' a� .a.a.r�•.�q�CY+`Y..,'+4'��fo f6�1(� ilr /il� R a,Y S ARM ° 14° 1P imarr lire ..■„Fs w+7o•AI�MrY! s . 2. s r•�� ,.■ ' Ilk - - " Z .eaaJr .. ,*. tw_. P L . V. / Y 1 4,0 AI MUIR HMI 11110 aMrr 4t e j tel t � i arle � v� p - axv.�cSll�!.'cr1 2 �Usti ;;t•' rr e n a =��M f � �spp 6f_o gK� �y ������gg ��yyyy.���jp■{,��jynny��ylly�� qMqM �p 917 A msS A1.Q I . iiNI W!i'..td. CGtta5i,�6eti£aa .i�_ +.�,n tP. AS.E'ik' i .15 — '°"':�cY FNS'cC11:�7: pans 11111:111111111011111111 001111111•1111:— . . �i4:!SC:tlralFa@71.f�. r�T" l� r. � . i s ityg," z I r' M .p .1.' �1, •� S.� Ir �fi S• y/ ,•" 1.691 Air �y t L �1.w iEaixii s 4 9��++f rli st.... a te,.. �al *f71N Z t34fl Ji,�t+.'� '� n'� ,,,��✓ t W f!r °tL tt\alAckan s ti = E m =; santev� s : _. l �' .o rb_+ ... itt IrM a dM s..«®. �eetatairgl� ' ipolt: rWRl� en j ii ;gam'' v dX/� 7 � ° 4X��.z%�..• 1e�+��i • 44. 4 f , ` t varsyrsw+ Atirs zti f „ a �uea� R '' � 6 •` *'(� � yy Yy �IPB:�uw.rD71 ■� PffiffiniTZTANTAIIN t ` ' ti`. te. wINIMPV«..m11 .4); . mca rsnr�L J oS1100 I t s+�wars2= .. �% -:ONCE faa, %s ll�afER fl �.. 'Jai��i., .ln+o.w. --."� ' -- r--- e40 =ON . ,^a r ef! � 1 !! � 1 �1' Y• . •� . .... , � ' ii CaG: Q,S SI lE[l�RtLaEb2VFFC �1 1AVIp',YFti, ��' �'91 J�t. \c <I S ri A7, 113 r 7.. Imo! y �Yiia e'� :S't.� �cn � ow ayac rer ._ 4r r° B lau � !iiiim "� s ��R {•mss ���� � -'°° ■ ccswceau.:t� �� . , � �?� �" «ad arm. san aa. =: _ ��� =���1 . ... \ ` L lf { lt.i a ,�..� �w¢a}gv .�sp . s y , � � , 1 i m �[I ,d�S'+ ^.: q ameswbakY::�� •. w�m�•�r� i S 1 k. r a ' �..l l@ Fl.]'BIU'wv..�r11..�'Ib••�'$..� 6D.P�7 � u. ��!,� ^1 V , l �� 6( ell `,� y� 3� � .. tigi Vii" _ c % . 1, i 1 WPM: :: is— + j jY ,�1 1°���ll •j 41 ! Yc^c z ` + .. `` � ' . s t� -, r f� = - '.,� r 1 ' -. !.d y / .r ""f+��1 \' NY I i 4fl d � h /P ;rtri::15:k.16:174 Y7+' y T S .9�77r<aslsi 1 yy■■ `�yv 1 s , . Q 1 1 1 t r � ,,. , r ! �° .e ,y t f :11:411 .! `` - • .e+ifo. �r .. � 1 ;rr'' I'0 �Rnc e•ea� IR+ / � f ✓` 1 �� �}j /f�J � `�,� e+ laer Y' � l9t�iE� �.AGF. I::. .�,y «"�`r ! "l FEf7:+,rOd9��� ' 1� , 4ii •� ! rxr�.'� �"r � L R � Aa GA d 19 1 gg Y e 6 J �i;��$� $d� ,A iy �,/V� : �C� m ,n;x7■ 7��y�u.,r . / Z w �/" n^ y b► °% Rc`� V �°�yf \MIFRI��C'"1� �if�CT_s ' �W", Pv!' u']!2 /9b `�' 7�h �� Y /re li elill �l�v t 4a + j ..:.e iVii � ��� " . � � •w .'. '� �$ - /i' �� ' .. � 121 . �'�'' -- _ 77r��'7 !fll�� r +� % r rnnarr. � �i� �f" 1E - r mss^ � : ....- � E >:� �L- �a� ®r a mkt �, x �:Fy �� ,`Ri". �,a1 s ����'�` � j. •U S ' j � -} - 1 �+Cs9�1_ / M �Il' 1 .qpl `iG9CY' "_,,,,,k0 . - „•r , , ad 1 ae.rKt'L � `, !`~ , +,.e� tt �If" S,S- .. - �„vt'- I �.. •' f 7 a::... 11:.+p� "t^ ''°"`*'`.r` 1 '•�dV`'.�� 7 1�''�1� &�l�.;q 1 rh e.- 4'\ 7 7 :: 'iii: `" rf3' � "Pena :1hI 1�' Z�. p T,.", n..,f dr.9a (� •,���� fiRa3r s �? �- ' �1� 'te l�'+7 P1!s• 1� \•� ') � ' ``,A. aate� " a r._ -4 -� • „l�'"• ;' r , � . - .S " ry . i• K' St3 y.�s +a �(�`� •a� . "� . — G . + ti � t ...A t14' Alr� //p t+r g � 7` a�� •` cm7�y ee � I A 7 A il J I ' �� �� ��� �e ! f � ,isa,.+'�t Yt• /Ii /''"' :L` i Y ! ! I'• • + i ITaf V� 'i ' '. y '�r� �1� `1 . ,,� • s' i a.1IS - -G� :4 4, 1 ,ad >4 ,�,��..��� �� � rs i f= �, r ✓ ()�•� "'' 71 �,.� i g1''_ ! r.. td1o1✓ i, EB� f ..� di ®':5,,1`J . l0 dill IC ry���� U�►�ei/y` it! � �jJ� _ 9 X1116 w."_"iR1 r' i� 11 Ili ..-. 1 _ INSWIM !' ears. • ~fJ. 't f��1 _�� s /i��.� �nlrra w 1.9 11l3 ; y ' ; .ems+ a sari a i ■ ®rsir ` � ` y 7■ q� / rlrrrra o�i�eow � 7 � M! � ��''� '' � r■EN'�i vu - � L , e�7 1ni , nnA� � .• d �����IYYN�fYJ■ 7 . I� �t,lsl�_7�r+1� /- '��� f s• '!e�!' �►� wiCrr�'r" ��1 � A ,y�.� - `may 3 t , ,; • ./ s.`tCF � ,,,� (rICN �.1.,,!�i�il�� _� � �►� 1 pl' .• - «.,.., ' 6Se ..e a» � it }}aa -•�.b,._.- ts ar l/Yt1., —,4 ! 4 F } � 5 .11 1 �1�� �Jl tint gi ��E� t ee ►� i�.7.e7]['",t,'q ta '� • -� °�.. ■i 2 ..cti .J; ,.. ..,,n ...„, a ■�� „„..,., � ..; . Til e1`,s � rer , � - i.' =xpy >G7a5ee . a .- -- ',�..,, >! oneml ica�q-�,, orwaaa7titepF�r•• rx e!M� i �., , ,uv,�w el Et`7i11 I ... C..g ,, R1■MrMf�,,. ■ •�iiIslllC01�1 p c p 'flait�l i �afa�na onaanw...� � s yy.�u wx/11 4... �,cwa .'r�IIF W/ / -r'''c..".e. ” L �P3lfi � I '\ ��• ' �'"' � , i '1 '� 6iR6 t �.��. �`9rP, ? e —∎ 1f ��� 1 ' ^-^ ;:i:Vo ..dmlcsatta lsrmm w;,eem±�.������ru- _ 11 �a«e .neaamessa■w:a ; �y �� =a.. ,.-. `� , �Y ` s' s 0 RECEIVE* REC SEP 14 2005 !SEP i JS COMMUNITY CO�ui�.O.Proi I Y DEVELOPMENT DEVELOPMENT PRELIMINARY TECHNICAL, INFORMATION REPORT 1.05•Q51 Proposed Davis Property Investment SWC - South 92nd Street and East Marginal Way South Tukwila, Washington Prepared for: Davis Property and Investment P.O. Box 1043 Kent, WA 98035 -1043 August 31, 2005 Our Job No. 10265 E XPIRES 10 /10 CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251 -6222 (425) 251 -8782 FAX BRANCH OFFICES • OLYMPIA, WA • TEMECULA, CA • WALNUT CREEK, CA www.barghausen.com 0 0 0 TABLE OF CONTENTS 1.0 PROJECT OVERVIEW Figure 1— Vicinity Map 2.0 CONDITIONS AND REQUIREMENTS SUMMARY 3.0 OFF -SITE ANALYSIS 4.0 FLOW CONTROL AND WATER QUALITY FACILITY ANALYSIS AND DESIGN A. Existing Site Hydrology B. Developed Site Hydrology C. Performance Standards D. Flow Control System E. Water Quality System 10265.004.doc • • 0 0 100 PROJECT OVERVIEW 0 0 1.0 PROJECT OVERVIEW The project site is approximately 15 + acres of existing development that will be demolished with this project, regraded, and repaved with over 15 acres of impervious surface. The project site is located within a portion of the south half of Section 33, Township 24 North, Range 4 East, Willamette Meridian, City of Tukwila, King County, Washington. More particularly, the site is located on the southwest corner of South 92nd Street and East Marginal Way South adjacent to the Duwamish River and just north of Slip No. 6, which is owned by the Port of Seattle. The proposal for this development is to construct one large building located in the eastern portion of the site and paving the vast majority of the remainder of the site with a smaller area set aside for landscaping. There is an existing 36- inch - diameter pipe coursing southwesterly through the central portion of the project site that will be rerouted around the building and utilized for the discharge point for the new catch basin, collection, and conveyance system, including a water quality feature to discharge off site into Slip No. 6. Flow control is not a requirement for this project site since there is direct discharge into Slip No. 6 in the Duwamish Waterway. The method of water quality for this project site is to provide a stormceptor for each of the two basins on site, ultimately draining into the 36- inch - diameter storm drain discharging into Slip No. 6. Please refer to Section 4.0 of this report for the sizing calculations to size the stormceptors. 10265.004.doc 0 0 FIGURE 1 VICINITY MAP 0 { VY L 1J'`+ OR © °� Dove s nr �_a i N 5 nr r ILLLE suraink. agi H ii %SLf'3 • H r a S f lomm, 4410'm AV N 00911 AV S AV H16 AV HItZ S AY 0 E2 S m AY 1StZ n�. i � fix:. � a r. a'f� s.�cf� i y. 'rf aa'?Fa'iu.�ji� {7•fL °,:`� .,_ �..n i4 �,�. o .�.- .._.,....:s . �.L _.w:.,. ,•,.T.�:.a. -h. ..1..,i.�._ a..0 .r. _S.._v,_a.[�i: n.,. r. . © 2003 g1111417,2N: /1404® OH b39 33S 9 0 O 2.0 CONJDITIONS AND REQUIREMENTS SUMMARY 0 0 • 0 2.0 CONDITIONS AND REQUIREMENTS SUMMARY 2.1 Analysis of the Eight Core Requirements Core Requirement No. 1: Discharge at the Natural Location. Response: Under existing conditions, the site has direct discharge into the Duwamish Waterway and the proposal for this development is to route all stormwater runoff into the 36- inch - diameter culvert coursing through the center portion of the site and discharge into Slip No. 6, which is part of the Duwamish Waterway; therefore discharge at the natural location is maintained. Core Requirement No. 2: Off - Site Analysis. Response: Please see Section 3.0 of this report for the off -site analysis prepared for this development, of which there is very little. The discharge for the site is direct discharge into the Duwamish Waterway and the upstream basin contributing site is very minimal since the surrounding areas around the project site are all developed and have their own catch basin collection system. The only contributing runoff is from the 36- inch - diameter culvert that drains a large portion of the area upstream from the project site and it is unknown at this time how large a basin actually contributes to that culvert. Core Requirement No. 3: Flow Control. Response: Core Requirement No. 3 does not apply to this project site since there is direct discharge into the Duwamish Waterway and the City of Tukwila has adopted the 1998 King County, Washington Surface Water Design Manual, which states sites that discharge directly into this location of the Duwamish Water do not have to provide Flow Control, only Water Quality. Core Requirement No. 4: Conveyance System. Response: With the Final Technical Information Report prepared for this project, the on -site conveyance system will be sized according to the 1998 King County, Washington Surface Water Design Manual, which allows the Santa Barbara Urban Hydrograph (SBUH) method for sizing conveyance system elements for project sites over 10 acres in size. The SBUH methodology will be utilized for this analysis. Core Requirement No. 5: Temporary Erosion and Sediment Control. Response: When the erosion and sediment control plan is prepared for this development it will conform to all requirements of the 1998 King County, Washington Surface Water Design Manual Appendix D erosion and sedimentation control methods for sites of this nature. Core Requirement No. 6: Maintenance and Operations. Response: This project will concur with all maintenance and operations requirements of the City of Tukwila for projects of this nature. 10265.004.doc 0 • Core Requirement No. 7: Financial Guarantees and Liability. Response: This project will conform to all City of Tukwila financial guarantee and liability requirements as dictated by the City of Tukwila for projects of this nature. Core Requirement No. 8: Water Quality. Response: This project proposes to locate two stormceptors on the downstream end of the project site, ultimately discharging into a 36- inch - diameter pipe coursing southwesterly through the central portion of the project site, ultimately discharging to Slip No. 6 in the Duwamish Waterway immediately adjacent to the project site. The stormceptors have been sized in accordance with Washington State Department of Ecology requirements as allowed by the City of Tukwila on past projects that have been designed utilizing stormceptors. This requires 80 percent total suspended solids removal and 91 percent of the annual flow treated at a minimum 2.2 Analysis of the Five Special Requirements Special Requirement No. 1: Other Adopted Area Specific Requirements. Response: This project is not known to be within an area with other adopted area- specific requirements; therefore, this project is not under the requirements of any other basin plan, critical drainage area plan, etc., to the best of our knowledge at this time. Special Requirement No. 2: Floodplain/Floodway Delineation. Response: This project site is adjacent to the Duwamish Waterway and the ordinary high water mark has been surveyed for this waterway. FEMA Maps will be consulted and the 100 -year floodplain boundaries for the site will be shown; however, it is unlikely that the project site is ever inundated by water during a 100 -year event. Special Requirement No. 3: Flood Protection Facilities. Response: This project is not adjacent to a Class 1 or 2 Stream that has a flood protection facility nor does it propose to construct a new or modify an existing flood protection facility; therefore, this requirement does not apply. Special Requirement No. 4: Source Controls. Response: This project will provide water quality source control applicable to the proposed project in accordance with the King County stormwater pollution control manual and King County Code 9.12 since this is a redevelopment project proposing improvements to an existing commercial/industrial or multi - family site. Special Requirement No. 5: Oil Control. Response: This site is not a proposed high use site; therefore, the requirements of the high -use Oil Control Menu will not be applicable to this project site. 10265.004.doc 0 • • 0 3.0 OFF -SITE ANALYSIS 0 • 0 3.0 OFF -SITE ANALYSIS The off -site analysis for this project site was based on the survey created by this office and utilized in determining the discharge location for runoff from the project site, which is directly into the Duwamish Waterway. This project site proposes to alter the location of the pipes discharging into the waterway to discharge directly into a 36- inch - diameter storm drain coursing southwesterly through the central portion of the project site and immediately discharging into Slip No. 6 in the Duwamish Waterway. This is direct discharge from this project site and the site does not discharge to any other project site when leaving this site; therefore, the downstream drainage course is not an issue on this project site. The adjoining project sites all have their own catch basin, collection, and pipe conveyance facilities discharging into the Duwamish Waterway and do not drain onto the project site. The total upstream basin contributing to the 36- inch - diameter culvert contributing runoff through the project site underneath the site is not known at this time but it is thought that the culvert contains portions, if not all, of the Boeing Field runoff from upstream. 10265.004.doc • • 0 Q ASSESSOR'S MAP • KING COUNTY DEPARTMENT Of ASSESSMENTS P.11. lia..■•••••••■•••■..... 7 • T40.....0*.•■•■• arer ASSESSOR'S MAP .3 4 cc sn, Seale kI200 mai Ocembur IL 200.1 NORTH KING COUNTY DEPARTMENT of ASSESSMENTS • I S 1,14 ovreasumr ASSESSOR'S MAP • SW 3a-24-i34 FILE corn mr. tmoom . *an Mn..na. 22.2004 j � \ \ MOOFlFS ,HACK aw — \ . y' NORTH • 4�T 7. 0 • • 0 FEMA MAP mk. "II ow Nan- g! mild m it ....w. Nom imol 1 mime tiltram....m. In miaviiiimp rikmmillimit8, 1 ZONE AE ZONE X ZONE X ITY OF SEATTLE 530089':., 33 ablintem CORPORATE LOOTS 35 26 NOTE. MAP AREA SNOWN ON TMIS" PANEL IS LOCATED WITHINT TOWNSNIP L1 NORTN,RANGE A PAST "�' 3 � 1111111 ��� • OF SESEATTLE YN OF TUK A � �� • pv s � = 2 ■ \II tr.% %X1 v y' II CITY OF SEATTLE T10059 oco- ¢r•a •s FEMA MAP JONS wug KING COUNTY UNINCORPORATED AREAS 530071 Lake Washington ZONE x ar • • f. X11= � � , � q i i � n � ' `;j i III 'IP i 110: I "' 3 1 1 " } 41 1 ' I I it ii 7 1 fi i. 'I J " ] 1 I ! ° �} lf l i lit $ IJ1 $ � i I ifl ' $! 1 1,i �1 3� 11H111.'1 Q li_ _} !� �. ��1 # 1 i i #� d! 111 11 I l° a�;1; } , � • • • 0 0 SENSITIVE AREAS FOLIOS 0 ... uniF •T'lT.. '� lm�af.SC01k� �:.�Gi S • 1 �1�l' syr► krFii i �.`�� • YNfr2Y/ ,,,[LMLli r f N E J nMa M�si g ermaLu i�aramat +F �11511..1Y' � rrr i.il7lM e: kr go' `,inW giaPror 0€0011111, rou,,E, Nam 2..IVIONE Pzep_irra.-01:- 6 t ea ° of v r igmar zt °s i meri y c6� wf Ad,„, „r.- .rto' .daxar gf ssr r "C n � s• `r 86 f�.J \t lLb �1 " AN4�kh91! " S' r' !�{ r, d N . F `m om -.'� A� �f J. as ;.: HI triaw a w I V AR! 51 kp'� sP AeSIraie it y r o� �TRi IM {u{ium(m4 lei ar>,rcr,. tt[e " Wig ,� ���. a �I1 I ° ;..�.nr..,san,i�a ii'���s,Pil.�i_IU #:�sE��g� /ro" .. : � P '` � 9 P'r • w rns.. rr i9r ca csa�rm ��E•; F,Wli j P' g�p s�nicues / r +t= �ao� rt Pi:106 ry ilk �y `ek7Jf tr_ i► � 0 LCli" 1. � "T f i torv- a�caFi $ A . rt. 4 1 11 1 v fitimtVAINIMINIZEMEMPARt ro filritreerasmilsa im vim. ware F rrb a ✓xL1=iiI r $ strew e slrlsi�A"r..ln...e .xiM':frfl,; 4iX�!hYll�ft rLY1� t�IS 111► /V'Y ��' •.�rY�AllCid�'f�! flS g' y*t.r' �eellli �111111111giii? . �ces .�ans: - . � wi. WSW en1ats: A Yairmoo . �! .e.. - - - -- m i m e i ,�I m '�I �r�:::+:rlE1iE1 i�fili v�wx� � aan� � �4wrsw a '* "'11"x! 0042 � +, e i �7 k F�7117iF�^t.= lB � jj AllOW Wi1 X59 i1 '��rA, „ea vas vn � u awhel7nPf�7rcw, � . �I r ey/(� , �py�.� �I� 1deg W1412 0 1011,' i! 4TKP M +'1 trt' �1�1Iyp�i D Q!r Att3 11i • VJ cc W c 2 co co � 1 r/1OiLri71ffi ISU A� rrrp NYerveacteC<•!rw e,rnnmt . �' ����JSye`r: aee /11� � v 4 IMP N Ill iGi �_ dat( ge ' al i=i �l� so ' fir r e" ;f Icerccit mu. { i ,�#91 i 'a - T1tIM! -- � v' ' � a lay , �ra�ea�C7rSc ttcae.,F• � u ..f��� _'11 tt��ii a�:aarv.a- �rtat�esc�""" �#' y : � , g✓�RSatas ��'ROFfiA rAll!11VM!T•' . b!. . ,� ® � . �• _. ; rilflrr ,. rdr: �lw.!YIR f+w.:�. I . 0 �►�_. c am +'3'71 � �� I+to - 1� -Y> 7 fit:: g esasascualra�a��u m+ al.ras�rr.���'n+r 9► � � 11 1 2 111 ` �J /A r ` �'G'� ��iEs',�Ni6? � i t • ` 1 1 Y d` L 1St VwT� Aid .,,.: iitiAr "'m,�" ��� rtli �� _^"0. 1 C 4 4c, �.serrri lligir +aGaF y, r• wel l[2.1= laa� 2=- "MI I r gq ,�./ {! r, _ .: E o. �� ta�c t raw rwnsc9xan �! �r9 � i itrli`� y � ,,1� P � , ws.al� r yq aie�-a7 . � � g�y� w,w.�. .. p y x,15 � y . ?. `146A I Vt? . .d Asia N mo lRf{�' `;s l r .. . ' ,- y : IWY'Q3C. ,.a ��1 � L L`i11 L'NM71iry ter wr 1fi1ilflfb. -- 9. 17 1 ' ` 'UN .St , . .. 1 S e (1. 'M111`;. zir JeeiR Q. � nn l i11n` ;mg r Imommioippl any � M ► hni* �.. 'tali remit! � �c"arFa. �i G.�ur +rrr� martrzgripil �iMY:v��ri�aa `3[11111 nun Mite MI re lig 4 % . waansw� sat : • l jupwiaiSTr MEirttragal illtaSEaVi MINI,xy���sr.�q b. p 7;Slekt&lfi►•,i:i'a �� St 'se ! f'\ T•• Tartu x � `f►, =; , Vitliarffilai ton Soup 1990 KING Couiuv SENsrrnE AREAS Fouo WETLANDS NORTH • • 0 0 WETLAND INVENTORY REPORT 0 Photo Date: 5-80 WETLAND: Lower Green River 2 LOCATION: N 3 -22 -4; S 34 -23 -4 INVENTORY DATE: 8 =27 - 81 ACREAGE: 100 L1U83 L2UB2 Lacustrine, Littoral, Unconsolidated bottom, Sand • North A COMMUNITY PLAN AREA: BASIN OR DRAINAGE: CLASSIFICATION: Fish and Wildlife Service Common Name Lacustrine, Linmetic, Open Water Unconsolidated bottom, Mud Open Water Approx. Scale: 1”= 1000 Highline Green River NOTE: The wetland edge shown above Is approximate. In marshes, ponds or lakes, the transition from standing water to uplands is usually clear. However, the edges of forested or scrub /shrub wetlands are less distinct. There, the change from wetland to upland often occurs over a broad area called the "transition zone ". For a discussion, see Wetland Plants of King County and the Puget Sound Lowlands and "Guidelines for Kina County Wattan,t •• Lower Green River 2 OBSERVED SPECIES: (refer to list in Appendix 1) 410 Trees: AR, FL, PT Herbs: IP, NP, TL Shrubs: SX, SD Sedges/Rushes/Grass /Fern: ..7E Birds•. Mammals: Fish: Other: RARE /ENDANGERED/THREATENED SPECIES: (refer to list in Appendix 2) Recorded/Observed: Potential: SIGNIFICANT HABITAT FEATURES: OUTLET: POTENTIAL STORAGE: Existing Active: 50 ac. ft. Potential Active: 150 ac . ft. GENERAL OBSERVATIONS: Heavy recreational use at park beach — both swimming and fishing; noise impacts from jet planes. ETLAND EVALUATION SUMMARY: Data was collected in the five categories shown below. Within each category the data was evaluated to produce numerical values. Composite values for each category were produced in order to compare each wetland to other wetlands in its sub -basin and in King County. The result of that cbmparison was a percentile rank. The percentile is expressed on a scale of one hundred and indicates the percent of wetlands that scored equal to or below that particular site. For example, a percentile rank of 80 under sub -basin means that the wetland scored equal to or better than 80 percent of all sites within the sub -basin for that evaluation category. NOTE: The percentile ranks are valid only within the individual evaluation category and are intended solely for reference and comparison. WETLAND RATING: • • Type: Not Found Condition: Outflow enters: Evaluation Category Hydrology: runoff storage potential, water quality, potential for minimizing damage in downstream areas Biology: quality of habitat, abundance and diversity of plant and animal species Visual: diversity and contrast of wetland and surrounding vegetation, surrounding landfarms Cultural: types of access, proximity to schools/institutions, overall environmental quality Economic: presence of agriculture/peat extraction, anadromous or game fish, game birds or mammals of commercial value Rank (by percentile) Sub -basin County -wide 69 57 76 70 100 70 38 60 46 44 Each wetland was assigned one of three possible wetland ratings. The wetland ratings were determined by examining the scores of selected ed inventory tasks, specific data or percentile ranks for individual evaluation categories. The criteria used to assign the wetland ratings are escribed in the Introduction. For each rating a number of specific guidelines for new development in or adjacent to wetlands were prepared. The guidelines are intended to assist in carrying out King County's Sensitive Areas Ordinance and other wetland policies. They are included in a separate report titled "Ci felines for King County Wetlands". Wetland Rating: 2 Photo Date: 5-80 WETLAND: Lower Green River 3 LOCATION: NE, SE 3-22-4; NW, SE 3-22-4 INVENTORY DATE: 827 ACREAGE: 6.8 CLASSIFICATION: Fish and Wildlife Service Common Name PEM5 PSS I Pal ustrine , Emergent, Narrow-leaved, Persistent (Cattail) Palustrine, Scrub-shrub, Broad-leaved Deciduous (Willow) • North A COMMUNITY PLAN AREA: BASIN OR DRAINAGE: Shallow Marsh Scrub-Shrub Green River Valley Green River NOTE: The wetland edge shown above Is approximate. In marshes, ponds or lakes, the transition from standing water to uplands Is usually clear. However, the edges of forested or scrub/shrub wetlands are less distinct. There, the change from wetland to upland often occurs over a broad area called the "transition Zone". For a discussion, see Wetland Plants of King County and the Puget Approx. Scale: 1" = 500' Lower Green River 3 OBSERVED SPECIES: (refer to list in Appendix 1) Trees: Herbs: PH, RR, TL Shrubs: SX Sedges/Rushes/Grass /Fern: JA, AC, EX, PA Birds: GB, VR, KD, VS, TS, 85, MW, GF Mammals: Fish: Other: RARE /ENDANGERED/THREATENED SPECIES: (refer to list in Appendix 2) Recorded/Observed: Potential: SIGNIFICANT HABITAT FEATURES: OUTLET: WETLAND RATING: Type: Condition: Outflow enters: Evaluation Category Probable winter habitat for ducks and shore birds. Overland, undefined Stream POTENTIAL STORAGE: Existing Active: 0 ac. ft. Potential Active: 0 a ft. GENERAL OBSERVATIONS: Freeway noise from I -5. ETLAND EVALUATION SUMMARY: Data was collected in the five categories shown below. Within each category the data was evaluated to produce numerical values. Composite values for each category were produced in order to compare each wetland to other wetlands in its sub -basin and in King County. The result of that comparison was a percentile rank. The percentile is expressed on a scale of one hundred and indicates the percent of wetlands that scored equal to or below that particular site. For example, a percentile rank of 80 under sub -basin means that the wetland scored equal to or better than 80 percent of all sites within the sub -basin for that evaluation category. NOTE: The percentile ranks are valid only within the individual evaluation category and are intended solely for reference and comparison. Rank (by percentile) Sub -basin County -wide Hydrology: runoff storage potential, water quality, potential for minimizing damage in downstream areas 23 22 Biology: quality of habitat, abundance and diversity of plant and animal species 69 62 Visual: diversity and contrast of wetland and surrounding vegetation, 92 65 surrounding landforms Cultural: types of access, proximity to schools/institutions, overall environmental quality 61 84 Economic: presence of agriculture /peat extraction, anadromous or game fish, 61 79 game birds or mammals of commercial value • Each wetland was assigned one of three possible wetland ratings. The wetland ratings were determined by examining the scores of selected Illk •tasks, specific data or percentile ranks for individual evaluation categories. The criteria used to assign the wetland ratings are escribed in the Introduction. For each rating a number of specific guidelines for new development in or adjacent to wetlands were prepared. he guidelines are intended to assist in carrying out King County's Sensitive Areas Ordinance and other wetland policies. They are included in a separate report titled "Gu'delines for King County Wetlands ". Wetland Rating: 2 Photo Date: 5-80 WETLAND: Lower Green River 5 LOCATION: NE, SW, 3-22-4; SE, SW 3-22-4 INVENTORY DATE: 8 ACREAGE: 3.4 CLASSIFICATION: PSS1 Fish and Wildlife Service Palustrine, Scrub-Shrub, Broad-leaved Deciduous (Hardhack) North A COMMUNITY PLAN AREA: BASIN OR DRAINAGE: Common Name Scrub-Shrub Approx. Scale: 1"= 500' Green River Valley Green River NOTE: The wetland edge shown above is approximate. In marshes, ponds or lakes, the transition from standing water to uplands is usually clear. However, the edges of forested or scrub/shrub wetlands are less distinct. There, the change from wetland to upland often occurs over a broad area called the "transition zone". For a discussion, see Wetland Plants of King County and the Puget Sound Lowlands and "Guidelines for Kino County Wetlands " Lower Green River 5 OBSERVED SPECIES: (refer to list in Appendix 1) Trees: TS Herbs: CD Shrubs: GS, K0, LL, MD, SD, VP Sedges/Rushes/Grass /Fern: Birds: RH, SS Mammals: Fish: Other: RARE /ENDANGERED/THREATENED SPECIES: (refer to list in Appendix 2) Recorded/Observed: Potential: SIGNIFICANT HABITAT FEATURES: Several snags and perches overlooking river valley below. OUTLET: GENERAL OBSERVATIONS: WETLAND RATING: • Type: None Condition: Outflow enters: POTENTIAL STORAGE: Existing Active: 0 ac. ft. Potential Active: 0 ac. ft. Evaluation Category Hydrology: runoff storage potential, water quality, potential for minimizing damage in downstream areas Biology: quality of habitat, abundance and diversity of plant and animal species Visual: diversity and contrast of wetland and surrounding vegetation, surrounding landforms Cultural: types of access, proximity to schools/institutions, overall environmental qu ality Economic: presence of agriculture /peat extraction, anadromous or game fish, game birds or mammals of commercial value O ETLAND EVALUATION SUMMARY: Data was collected in the five categories shown below. Within each category the data was evaluated to produce numerical values. Composite values for each category were produced in order to compare each wetland to other wetlands in its sub -basin and in King County. The result of that comparison was a percentile rank. The percentile is expressed on a scale of one hundred and indicates the percent of wetlands that scored equal to or below that particular site. For example, a percentile rank of 80 under sub-basin means that the wetland scored equal to or better than 80 percent of all sites within the sub -basin for that evaluation category. NOTE: The percentile ranks are valid only within the individual evaluation category and are intended solely for reference and comparison. Rank (by percentile) Sub -basin County -wide 15 18 53 43 38 24 100 100 100 79 Each wetland was assigned one of three possible wetland'ratings. The wetland ratings were determined by examining the scores of selected n ventory tasks, specific data or percentile ranks for individual evaluation categories. The criteria used to assign the wetland ratings are scribed in the Introduction. For each rating a number of specific guidelines for new development in or adjacent to wetlands were prepared. he guidelines are intended to assist in carrying cut King County's Sensitive Areas Ordinance and other wetland policies. They are included in a separate report titled "Gtllttelines for King County Wetlands ". Wetland Rating: 2 0 4.0 FLOW CONTROL AND WATER QUALITY FACILITY ANALYSIS AND DESIGN 4.0 FLOW CONTROL AND WATER QUALITY FACILITY ANALYSIS AND DESIGN • • A. Existing Site Hydrology Under existing conditions, the site is fully developed and is abandoned at this time. Portions of the site consist of gravel surface but the majority of the site consists of buildings and asphalt. The proposal for this development is to demolish all the buildings and remove all the existing development from the project site, regrade the site, repave, and construct a single building located in the eastern portion of the project site. The existing site tends to drain in a westerly direction into the Duwamish Waterway and there are existing catch basin, collection, and pipe conveyance facilities scattered throughout the entire project site that tend to route runoff into the Duwamish Waterway. B. Developed Site Hydrology C. Performance Standards D. Flow Control System Not applicable. E. Water Quality System This project is exempt from Flow Control since it directly discharges into the Duwamish Waterway as allowed by the City of Tukwila and the 1998 King County, Washington Surface Water Design Manual. Since no Flow Control is required, the only requirement would be for Water Quality. The proposal for this development is to route runoff from two different basins on site, one from the east, which is 9.07 acres of impervious surface, and one basin from the west of 6.05 acres of impervious surface, including a new building. All this runoff will be routed to two separate stormceptors, one for each basin, and is sized in the following pages of this report. After routing runoff to the stormceptors and being treated for Water Quality, the runoff will directly discharge into the Duwamish Waterway. Flow Control is not a requirement for this project site. The conveyance system capacity standards utilized for this project site will be designed to the Santa Barbara Urban Hydrograph method for determining flow rates for the on -site conveyance system since the project site is over 10 acres in size. The area- specific Water Quality Treatment Menu for this project site allows the use of stormceptors as allowed by the City of Tukwila for redevelopment projects of this nature, which should greatly improve the water quality leaving the project site. Please see the illustrated sketch of the proposed water quality facilities and appurtenances. Also, the calculations are located on the following pages of this report for sizing the stormceptors. 10265.004.doc 0 • WATER QUALITY SIZING FOR WEST BASIN 0 Stormceptor CD Sizing Program Version 4.0.0 Country Date Project Number Project Name Project Location Company Designer Notes Rainfall Station Rainfall File Latitude = Longitude = Elevation = Rainfall Period of Record Site Parameters United States Total Drainage Area Total Imperviousness ( %) Overland Flow Width Overland Slope ( %) Impervious Depression Storage Pervious Depression Storage Impervious Mannings n Pervious Mannings n Infiltration Parameters Horton Infiltration Used Initial (Max) Infiltration Rate Final (Min) Infiltration Rate Infiltration Decay Rate (1 /sec) Infiltration Regeneration Rate (1 /sec) Daily evaporation 0.100 in /day Sediment build -up reduces the storage volume for settling calculations A maintenance cycle of 12 months was chosen (The Stormceptor will be cleaned out every 12 months) TSS Loading Calculations Buildup / Washoff Loading Chosen • fo 2 p 7 4-6, $ �.E 4 IOW �-� 7 2-0 SEATTLE TACOMA INTL AP WA7473.NDC N 47 deg 27 min W 122 deg 18 min 400. ft 1965 to 1999 9.07 ac 100.00 1257. ft 2.0 0.020 in 0.200 in 0.015 0.250 2.44 in /h 0.40 in /h 0.00055 0.010 0 0 0 Buildup Washoff allocates more washoff in the rising limb of the hydrograph Target Event Mean Concentration (mg /1) Buildup Exponent Washoff Exponent Availability Factors for Particles >_ Availability = A + Bi ^C A = B i= C = Stormwater Particle Size Distribution Table Diameter Percent Specific Gravity Settling Velocity (um) ( %) ft /s 20.0 60.0 150.0 400.0 2000.0 20.0 20.0 20.0 20.0 20.0 1.30 1.80 2.20 2.65 2.65 125. 0.400 0.200 400. um 0.0013 0.0051 0.0354 0.2123 0.9417 Flocculated settling assumed for particles <= 20 um Rainfall records Total rainfall period Total rainfall = Average annual rainfall = Rainfall event analysis 2.0 hour inter event time used to determine # of events < in Events $ Vol in 0.25 7020 82.9 455. 35.1 0.50 907 10.7 323. 24.9 0.75 280 3.3 170. 13.1 1.00 107 1.3 93. 7.2 1.25 55 0.6 62. 4.8 1.50 37 0.4 51. 3.9 1.75 25 0.3 41. 3.2 2.00 12 0.1 22. 1.7 2.25 5 0.1 11. 0.8 2.50 6 0.1 15. 1.1 2.75 6 0.1 16. 1.2 3.00 5 0.1 15. 1.1 3.25 1 0.0 3. 0.3 3.50 1 0.0 3. 0.3 3.75 1 0.0 4. 0.3 4.00 1 0.0 4. 0.3 4.25 0 0.0 0. 0.0 4.50 1 0.0 4. 0.3 4.75 1 0.0 5. 0.4 0.057 0.040 rainfall intensity 1.100 1965 to 1999 35 years 1296.9 in 37.1 in 0 S 5.00 0 0.0 0. 0.0 5.25 0 0.0 0. 0.0 5.50 0 0.0 0. 0.0 5.75 0 0.0 0. 0.0 6.00 0 0.0 0. 0.0 6.25 0 0.0 0. 0.0 6.50 0 0.0 0. 0.0 6.75 0 0.0 0. 0.0 7.00 0 0.0 0. 0.0 7.25 0 0.0 0. 0.0 7.50 0 0.0 0. 0.0 7.75 0 0.0 0. 0.0 8.00 0 0.0 0. 0.0 8.25 0 0.0 0. 0.0 > 8.25 0 0.0 0. 0.0 Total rain Number of rain events Rainfall intensity analysis • • Average intensity = 0.16 in /h < in /h Number 1297. in 8471 Vol in 0.25 26614 82.4 678. 52.3 0.50 4270 13.2 374. 28.8 0.75 1018 3.2 152. 11.7 1.00 272 0.8 58. 4.5 1.25 59 0.2 16. 1.3 1.50 29 0.1 10. 0.8 1.75 13 0.0 5. 0.4 2.00 5 0.0 2. 0.2 2.25 2 0.0 1. 0.1 2.50 0 0.0 0. 0.0 2.75 1 0.0 1. 0.0 3.00 0 0.0 0. 0.0 3.25 0 0.0 0. 0.0 3.50 0 0.0 0. 0.0 3.75 0 0.0 0. 0.0 4.00 0 0.0 0. 0.0 4.25 0 0.0 0. 0.0 4.50 0 0.0 0. 0.0 4.75 0 0.0 0. 0.0 5.00 0 0.0 0. 0.0 5.25 0 0.0 0. 0.0 5.50 0 0.0 0. 0.0 5.75 0 0.0 0. 0.0 6.00 0 0.0 0. 0.0 6.25 0 0.0 0. 0.0 6.50 0 0.0 0. 0.0 6.75 0 0.0 0. 0.0 7.00 0 0.0 0. 0.0 7.25 0 0.0 0. 0.0 7.50 0 0.0 0. 0.0 7.75 0 0.0 0. 0.0 8.00 0 0.0 0. 0.0 8.25 0 0.0 0. 0.0 0 0 > 8.25 0 0.0 0. 0.0 Total rainfall = Total evaporation = Total infiltration = % Rainfall as runoff = Treated Q Treated Vol cfs ft3 • • 1296.9 in 213.7 in 0.0 in 84.6 % Average Event Mean Concentration for TSS (mg /1) 121.5 TSS Removal Simulation Results Table Stormceptor Treated Q % Runoff Tank TSS Overall TSS Model cfs Treated Removal ( %) Removal ( %) STC 450 0.283 46. 60. 48. STC 900 0.636 66. 69. 63. STC 1200 0.636 66. 75. 68. STC 1800 0.636 66. 75. 68. STC 2400 1.059 78. 77. 73. STC 3600 1.059 78. 78. 74. STC 4800 1.766 88. 80. 78. STC 6000 1.766 88. 81. 79. STC 7200 2.472 93. 83. 82. STC 11000 3.531 96. 86. 86. STC 13000 3.531 96. 86. 86. STC 16000 4.944 98. 88. 88. Hydrology Table - Volume of Runoff Treated vs By -Pass Flow Rate Over Vol Tot Vol ft3 ft3 % Treated 0.035 3846946. 32297380. 36127684. 10.6 0.141 11062992. 25078510. 36127684. 30.6 0.318 17570054. 18544364. 36127684. 48.6 0.565 22757840. 13369559. 36127684. 63.0 0.883 26695514. 9424354. 36127684. 73.9 1.271 29585570. 6547698. 36127684. 81.9 1.730 31616332. 4513518. 36127684. 87.5 2.260 33064322. 3063297. 36127684. 91.5 2.860 34065864. 2062684. 36127684. 94.3 3.531 34745324. 1383179. 36127684. 96.2 4.273 35216812. 910360. 36127684. 97.5 5.085 35529544. 598129. 36127684. 98.3 5.968 35734504. 393000. 36127684. 98.9 6.922 35869056. 258778. 36127684. 99.3 7.946 35958140. 169622. 36127684. 99.5 9.041 36016580. 111101. 36127684. 99.7 10.206 36056236. 71452. 36127684. 99.8 11.442 36083252. 44431. 36127684. 99.9 12.749 36101264. 26388. 36127684. 99.9 14.126 36112292. 15392. 36127684. 100.0 15.574 36119560. 8119. 36127684. 100.0 17.092 36123732. 3952. 36127684. 100.0 - Y - ) 7 Loo K 0 • o 18.681 36125808. 1876. 36127684. 100.0 20.341 36126904. 775. 36127684. 100.0 22.072 36127540. 142. 36127684. 100.0 23.873 36127684. 0. 36127684. 100.0 25.744 36127684. 0. 36127684. 100.0 27.687 36127684. 0. 36127684. 100.0 29.700 36127684. 0. 36127684. 100.0 31.783 36127684. 0. 36127684. 100.0 End of Simulation 0 0 WATER QUALITY SIZING FOR EAST BASIN 0 0 S 0 Stormceptor CD Sizing Program Version 4.0.0 Country United States Date 9/30/05 Project Number Project Name Project Location Company Designer Notes Rainfall Station Rainfall File Latitude = Longitude = Elevation = Rainfall Period of Record Site Parameters • Total Drainage Area Total Imperviousness ( %) Overland Flow Width Overland Slope ( %) Impervious Depression Storage Pervious Depression Storage Impervious Mannings n Pervious Mannings n Infiltration Parameters Horton Infiltration Used Initial (Max) Infiltration Rate Final (Min) Infiltration Rate Infiltration Decay Rate (1 /sec) Infiltration Regeneration Rate (1 /sec) Daily evaporation TSS Loading Calculations 0.100 in /day 2.44 in /h 0.40 in /h 0.00055 0.010 Buildup / Washoff Loading Chosen 6.05 ac 100.00 1027. ft 2.0 0.020 in 0.200 in 0.015 0.250 Sediment build -up reduces the storage volume for settling calculations A maintenance cycle of 12 months was chosen (The Stormceptor will be cleaned out every 12 months) 410t ioPo S 61451 2 P ° P-elp1 ieA 5 1 129r.► , ce p SY'G 00 DAVIS PROPERTY SEATTLE BARGHAUSEN JAKE SEATTLE TACOMA INTL AP WA7473.NDC N 47 deg 27 min W 122 deg 18 min 400. ft 1965 to 1999 0 0 • Buildup Washoff allocates more washoff in the rising limb of the hydrograph Target Event Mean Concentration (mg /1) Buildup Exponent Washoff Exponent Availability Factors for Particles >_ Availability = A + Bi ^C A = B = i= C = Stormwater Particle Size Distribution Table Diameter Percent Specific Gravity Settling Velocity (um) ( %) ft /s 20.0 60.0 150.0 400.0 2000.0 20.0 20.0 20.0 20.0 20.0 Rainfall records Total rainfall period Total rainfall = Average annual rainfall = Rainfall event analysis 1.30 1.80 2.20 2.65 2.65 0.0013 0.0051 0.0354 0.2123 0.9417 Flocculated settling assumed for particles <= 20 urn < in Events % Vol in 1965 to 1999 35 years 1296.9 in 37.1 in 2.0 hour inter event time used to determine # of events 0.25 7020 82.9 455. 35.1 0.50 907 10.7 323. 24.9 0.75 280 3.3 170. 13.1 1.00 107 1.3 93. 7.2 1.25 55 0.6 62. 4.8 1.50 37 0.4 51. 3.9 1.75 25 0.3 41. 3.2 2.00 12 0.1 22. 1.7 2.25 5 0.1 11. 0.8 2.50 6 0.1 15. 1.1 2.75 6 0.1 16. 1.2 3.00 5 0.1 15. 1.1 3.25 1 0.0 3. 0.3 3.50 1 0.0 3. 0.3 3.75 1 0.0 4. 0.3 4.00 1 0.0 4. 0.3 4.25 0 0.0 0. 0.0 4.50 1 0.0 4. 0.3 4.75 1 0.0 5. 0.4 125. 0.400 0.200 400. um 0.057 0.040 rainfall intensity 1.100 0 • 0 5.00 0 0.0 0. 0.0 5.25 0 0.0 0. 0.0 5.50 0 0.0 0. 0.0 5.75 0 0.0 0. 0.0 6.00 0 0.0 0. 0.0 6.25 0 0.0 0. 0.0 6.50 0 0.0 0. 0.0 6.75 0 0.0 0. 0.0 7.00 0 0.0 0. 0.0 7.25 0 0.0 0. 0.0 7.50 0 0.0 0. 0.0 7.75 0 0.0 0. 0.0 8.00 0 0.0 0. 0.0 8.25 0 0.0 0. 0.0 > 8.25 0 0.0 0. 0.0 Total rain Number of rain events Rainfall intensity analysis • S Average intensity = 0.16 in /h < in /h Number 1297. in 8471 Vol in 0.25 26614 82.4 678. 52.3 0.50 4270 13.2 374. 28.8 0.75 1018 3.2 152. 11.7 1.00 272 0.8 58. 4.5 1.25 59 0.2 16. 1.3 1.50 29 0.1 10. 0.8 1.75 13 0.0 5. 0.4 2.00 5 0.0 2. 0.2 2.25 2 0.0 1. 0.1 2.50 0 0.0 0. 0.0 2.75 1 0.0 1. 0.0 3.00 0 0.0 0. 0.0 3.25 0 0.0 0. 0.0 3.50 0 0.0 0. 0.0 3.75 0 0.0 0. 0.0 4.00 0 0.0 0. 0.0 4.25 0 0.0 0. 0.0 4.50 0 0.0 0. 0.0 4.75 0 0.0 0. 0.0 5.00 0 0.0 0. 0.0 5.25 0 0.0 0. 0.0 5.50 0 0.0 0. 0.0 5.75 0 0.0 0. 0.0 6.00 0 0.0 0. 0.0 6.25 0 0.0 0. 0.0 6.50 0 0.0 0. 0.0 6.75 0 0.0 0. 0.0 7.00 0 0.0 0. 0.0 7.25 0 0.0 0. 0.0 7.50 0 0.0 0. 0.0 7.75 0 0.0 0. 0.0 8.00 0 0.0 0. 0.0 8.25 0 0.0 0. 0.0 0 0 > 8.25 0 0.0 0. 0.0 Total rainfall = Total evaporation = Total infiltration = % Rainfall as runoff = Average Event Mean Concentration for TSS (mg /1) TSS Removal Simulation Results Table Stormceptor Treated Q Model cfs STC 450 0.283 STC 900 0.636 STC 1200 0.636 STC 1800 0.636 STC 2400 1.059 STC 3600 1.059 STC 4800 1.766 STC 6000 1.766 STC 7200 2.472 STC 11000 3.531 STC 13000 3.531 STC 16000 4.944 Hydrology Table - Volume of Runoff Treated vs By -Pass Flow Rate Treated cfs 0.035 0.141 0.318 0.565 0.883 1.271 1.730 2.260 2.860 3.531 4.273 5.085 5.968 6.922 7.946 9.041 10.206 11.442 12.749 14.126 15.574 17.092 Q Treated ft3 3485250. 9039361. 13651928. 17100482. 19567194. 21230756. 22335992. 23053650. 23514958. 23802378. 23973158. 24075914. 24138034. 24175678. 24199150. 24213012. 24220802. 24225232. 24227102. 24227974. 24228348. 24228348. 1296.9 in 211.8 in 0.0 in 85.1 % % Runoff Tank TSS Treated Removal ( %) 53. 73. 73. 73. 84. 84. 92. 92. 96. 98. 98. 99. Vol Over Vol ft3 20757068. 15192909. 10571871. 7125550. 4655345. 2997661. 1890875. 1173650. 712867. 425932. 254886. 152345. 90197. 52680. 29183. 15331. 7543. 3118. 1244. 374. 0. 0. 72. 77. 78. 78. 80. 81. 8 • 84. 86. 89. 89. 91. Tot Vol ft3 122.0 Overall TSS Removal ( %) 61. 73. 73. 73. 78. 78. 82. 83. 85. 89. 89. 91. % Treated 24228348. 14.4 24228348. 37.3 24228348. 56.3 24228348. 70.6 24228348. 80.8 24228348. 87.6 24228348. 92.2 24228348. 95.2 24228348. 97.1 24228348. 98.2 24228348. 98.9 24228348. 99.4 24228348. 99.6 24228348. 99.8 24228348. 99.9 24228348. 99.9 24228348. 100.0 24228348. 100.0 24228348. 100.0 24228348. 100.0 24228348. 100.0 24228348. 100.0 4-(00 0 S 0 18.681 24228348. 0. 24228348. 100.0 20.341 24228348. 0. 24228348. 100.0 22.072 24228348. 0. 24228348. 100.0 23.873 24228348. 0. 24228348. 100.0 25.744 24228348. 0. 24228348. 100.0 27.687 24228348. 0. 24228348. 100.0 29.700 24228348. 0. 24228348. 100.0 31.783 24228348. 0. 24228348. 100.0 End of Simulation • eA N i 10;gEli fill4;! fi !;14: Ss ;pi ;11.11 A r� � Pi Job Nurnbv 10265 Sheet 6 Q -� i 4iip ! oil I lie i Amogi pRI g442 6 7®10EBel: MXG®°O00®_L:.a.¢ilp :iff I Willi I ;J hl II 2 111101 5 H r m m z o • ' + 159 1414 gi FIXiigg h is; 2 ; iF0 8/1 6- I 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8762 FAX CM. ENGINEERING, LAND PLANNING. SURVEYING, ENVIRONMENTAL SERVICES 3 9aaS.2. $ lig g g i hi tic AAA 411e1111 11111 N i;1 111 Vrigil 1 P i ;. Nortnntal veiled N/A go t. q For DAVIS PROPERTY AND INVESTMENT PO BOX 1043 KENT, WASHINGTON 98035 -1043 No. I Do I BY ICT I APP I In. P \10000a \102 5 \eng \ -GAL deg Dale/Teme 08/51/2005 In13 Scale I .50 beolln:ton +Del . 1 Pr.dan b.Z10265- 5.110265 -D. 0 N g F • COVER SHEET DAVIS PROPERTY AND INVESTMENT • FOR STAFF USE ONLY Sierra Type: P-SS Planner: File Number: L. 05-05") Application Complete (Date: ) Project File Number: Pkg 04-1 - 0 c) Application Incomplete (Date: ) Other File Numbers: tOS -Ol i j L.05 - C6Z • APPLICATION NAME PROJECT/DEVELOPMENT: Phone: CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. 9229 East Marginal Way South Tax Parcel No. 542260 -0010 Quarter: S 1 /2 Section: 33 Township: 24 Range: 4E (This information may be found on your tax statement.) Address: 18215 - 72nd Ave. S., Kent, WA 98032 251 - • j O� -OSi 1 L0.s - y' Davis Properties and Investments Short Plat 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: Dan Balmelli /Barghausen Consulting Engineers FAX: 425 251 -8782 Signature: ��.� �� �11�/ 1 � �� Date: g - IZ - a 5 SHOWc, PLA1J � (P-S %raggi'v'r ' 2Oo STATE OF WASHINGTON EXECUTED at l \P/1/L I r S t0 t t , ` 4� \ •• " S, 0 �pTAgy �N � • %: PUBI,\G SUBSCRIBED AND SWORN TO BEFORE ME ON • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E tukplan@cltukwila.wa.us ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: I. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent 4. Owner grants the City, its employees, agents engineers, contractors or other representatives the right to enter upon Owner's real property, located at 922 East Marg Way South for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion, cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. (city), (state), on (Address) ' 253 _:72 —' , 2 ( r,t � E " � i�\ nr! On this day petson�lly - 1�� foregoing `�•" �tie J d , to me known to be the individual who executed the edged that he/she sign �/ therein. Jeffrey E. Davis 20D Frint Y.U ffox 1043, Kent, WA 98035 -1043 1 Y OF h. It liVi l ,20 NOTARY PUB t CC in m ''' the State of Washington residing at My Commission expires on 1 I q, 1 0 D RECE SEP 1 4 1005 C 7'Y DEl/ ELOPMENT Check items submitted with application Information Required May be waived in unusual cases, upon approval of both Public:" Works and Planning co DE v Et O P APPLICATION MATERIALS: 1-- 1. Application Checklist (1 copy) indicating items submitted with application. t/ 2. Completed Application Form and drawings (4 copies). 3. One set of all plans reduced to 8 1/2" by 11 ". 4. Application Fee — up to 4 lots in LDR $500, other zones $1,000 -- 5 to 9 lots in all zones $1,000 5. SEPA Environmental Checklist (for 5 -9 lots, cut/fill over 500 cubic yards see SEPA Application Packet) — J f' ° ) ■ 72 V ou' I 1 , , ; F E 0 = - r ' ! PUBLIC NOTICE MATERIALS: ,►1 /, 6. If the project requires SEPA review or involves a short plat of 5 —9 lots: 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 SEPA Application). 7. If the project involves a short plat of 5 —9 lots: One (1) set of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subject property. Note: Each unit in multiple - family buildings - -e.g. apartments, condos, trailer parks --must be included (see SEPA Application) r I ) „, 8. If the project involves a short plat of 5 —9 lots: King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot PROJECT DESCRIPTION AND ANALYSIS: L. 10. Vicinity Map with site location. 11. Title Report: Clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances, must be dated within 45 days of application filing. C 12. Document sewer and water availability if provided by other than the City of Tukwila. 13. A written discussion of project consistency with decision criteria (see Application). ✓ 14. Any required maintenance agreements, easements or other documents ready for recording. 15. Technical Information Report (TIR) including feasibility analysis per King County Surface Water Design Manual (KCSWDM). For additional guidance contact Public Works. 16. Provide sensitive area studies as needed per Tukwila's Sensitive Areas Ordinance (TMC 18.45) for example wetland or geotechnical reports. 17. Printed computer plat closure or demonstrated mathematical plat closure on all lots, streets, 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. colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow starting project review and vesting the applicant's rights. However, they in no way limit the City's ability to require additional information as needed to establish consistency with development standards. 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). RFCe Airy M ENT Check items submitted with application Information Required May be waived in unusual cases, upon approval of both Public Works and Planning alleys and boundaries. Allowable error of closure shall not exceed one foot in 5,000 feet. PLAT SURVEY: a template is available from the City in AutoCAD format 18 (a) The plat survey must include the name of the plat, graphic scale, space for the City of Tukwila file number and north arrow. It shall be drawn with black ink in record of survey format and include the elements listed at TMC 17.04.060 A. This shall be stamped by the surveyor. (b) Legal descriptions of the existing and proposed lots. ,, (c) The final plat documents must include all applicable certificates and approvals listed in the "Certificates and Approvals" section of this application (TMC 17.04.060). Sections for the surveyor and owner(s) must be signed prior to submittal. (d) Existing and proposed lot lines shall be shown solid with new lines called out and lot lines to be removed shall be shown dashed. (e) Lot and block numbers shall begin with the number one (1) and be numbered consecutively without omission or duplication. (f) Total lot or parcel sizes and average width of each proposed lot (min 50 ft. for residential). (g) Dash in required setback distances from all parcel lot lines. (h) Fire access lanes and turn- arounds per Fire Department standards. 1° \ I', (i) Location of all tracts to be dedicated to any public or private purpose shall be distinguished from lots intended for general development with notes stating their purpose and limitations. (j) Locations of existing and proposed public street rights -of -way and private access easements. (k) Location, dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. LANDSCAPE PLAN: for 5 -9 lot short plats 19 (a) Landscape planting plan stamped and signed by a Washington State licensed landscape architect. Plan must include at least one tree in the front yard of each lot and meet Public Works standards (TMC 17.20.030 G). Plans must include the type, quantity, spacing and location of all plantings. Maximum sheet size 24" x 36 ". (b) Show all existing trees to be retained and any tree protection measures required (for example fencing at drip line). SENSITIVE AREAS PLAN: / 20 (a) Location of all sensitive areas (e.g. streams, wetlands, slopes over 20 %, coal mine areas and important geological and archaeological sites). For stream frontage provide existing and proposed top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). Maximum sheet size 24" x 36 ". ,. (b) Location of all required sensitive area buffers, setbacks tracts and protection measures. J + P, (c) Show all trees over 4" caliper, indicating those to be retained. (d) Show proposed lot and tract lines. CIVIL PLANS: 21. (a) One set of all civil plans and analyses shall be stamped, signed and dated by a licensed professional engineer. Include a graphic scale and north arrow. Maximum sheet size 24" x 36 ". (b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to NGVD 1929, if in a flood zone or flood -prone area. Check Items submitted with a pplication Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning (c) Existing (dashed) and proposed (solid) topography at 2' intervals (minimum 20 ft. beyond the property line). i (d) Total expected cut and fill for plat buildout. Total lots in this Short Plat. (e) Existing and proposed utility easements and improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. site line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like are needed. (f) Storm drainage design at least 90% complete, which meets the KCSWDM. Call out total existing and proposed impervious surface in square feet. Include all storm drainage conveyance systems, water quality features, detention structures, maintenance access and safety features. jGJ. to 1. (g) Locate the nearest existing hydrant and all proposed hydrants. Constraints (sensitive area, right of way, retention /detention areas) in acres or sf. (h) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. i 0 (i) Plan, profile and cross - section for any right -of -way improvements. 1}-e e- afc c„ °�ere1 1 - )t,iTln9 la Ai) be Q46%94 ed . (j) Show planned access to lots, driveways, fire access lanes and turnarounds. Overall density (lots /acre). (k) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. Show the expected location of all new buildings. (1) Show proposed lot and tract lines. Information Required. Response Total existing lots prior to Short Plat. i Total lots in this Short Plat. d.. Total acres involved in the Short Plat. jGJ. to 1. Constraints (sensitive area, right of way, retention /detention areas) in acres or sf. 4-::)) ' ac 1 s Any preexisting uses? 1}-e e- afc c„ °�ere1 1 - )t,iTln9 la Ai) be Q46%94 ed . ld ill Overall density (lots /acre). j/ 11 , (p - 2— GROWTH MANAGEMENT ACT REQUIRED INFORMATION SHORT PLAT NO. L05 -057 w4P V fl I A 4,1•1 1 AU KNOW ALL MEN BY THESE PRESENT THAT WE, THE UNDERSIGNED, OWNER(S) IN FEE SIMPLE OF THE' LAND HEREIN DESCRIBED DO HEREBY MAKE A SHORT SUBDMSION THEREOF PURSUANT TO RCW 58.17.060 AND ACKNOWLEDGE THAT SAID SUBDMSION SHALL NOT BE FURTHER DMDED IN ANY MANNER WITHIN A PERIOD OF FIVE YEARS, FROM THE DATE OF RECORD, WITHOUT THE RUNG OF A FINAL PLAT. THE UNDERSIGNED FURTHER DECLARE THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SHORT SUMMON AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. ay :� hL-5 v PRINTED NAME: wri+• . ��oBrs�,yi� 'i /1TlE ACKNOWLEDGMENT STATE OF WASHINGTON ss. COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE MY HAND AND 6300 Southeenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E -mail: tukplan(rD,tukwlla.wa.us TO BE THE INDIVIDUAL WHO EXECUTED THE THAT HE/SHE SIGNED THE SAME AS HIS /HER VOLUNTARY AND PURPOSES MENTIONED THEREIN. r Jp GIVEN UNDER OFFICIAL SEAL THIS:' DAY OF 4 ME KNOWN G INSTRUMENT AND ACKNOWLEDGED ACT AND DEED FOR USES // « � � m 4,7e75,71/_‘E, N TME AME APPROVALS TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL RENEWED AND APPROVED BY THE SHORT SUBDIVISION COMMITTEE AND HEREBY CERTIFIED FOR FLUNG THIS DAY OF Oyu, 2001. KING COUNTY FINANCE DIVISION I CERTIFY THAT AU. PROPERTY TAXES ARE PAID AND THAT A DEPOSIT HAS BEEN MADE IN SUFFICIENT AMOUNT TO PM' THE TAXES FOR THE FOLLOWING YEAR: THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION: AND THAT ALL SPECIAL ASSESSMENTS ON ANY OF THE PROPERTY HEREIN DEDICATED AS SIKLLIS, ALLEYS. OR FOR OTHER PUBLIC USE ARE PAID IN FULL THIS DAY OF 200_ DEPUTY KING COUNTY ASSESSOR KING COUNTY ASSESSOR KING COUNTY ASSESSOR'S APPROVAL EXAMINED AND APPROVED THIS _ DAY OF DEPUTY KING COUNTY ASSESSOR KING COUNTY ASSESSOR TAX ACCOUNT NUMBERS ' 2006. RECORDER'S CERTIFICATE FILED FOR RECORD THIS DAY OF 20 AT M IN BOOK OF AT PAGE AT THE REQUEST OF BARGHAUSEN CONSULTING ENGINEERS, INC. nc ocrnonC MCNAI I UUNAIIUN LN'IU ULAIM M. JO ru.cu m nun, Wun,l aurwun W" - •- OF THE ABANDONED BED OF THE DUWAMISH RIVER, ALL LOCATED IN SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY; WASHINGTON, AND ALL LYING WESTERLY OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH' AND ALSO WESTERLY OF THE PARCEL OF LAND ADJOINING EAST MARGINAL WAY WHICH WAS CONVEYED TO GREAT NORTHERN RAILWAY COMPANY BY DEED RECORDED UNDER RECORDING NUMBER 4784818; LYING EASTERLY OF THE EASTERLY MARGIN OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 (DUWAMISH WATERWAY): LYING SOUTHERLY OF THE HEREINAFTER DESCRIBED 'LINE A'; AND LYING NORTHERLY OF THE HEREINAFTER DESCRIBED 'LINE r: LINE A: _ _ MT aw _ BEGINNING ON THE WEIItJRLY MARGIN OF LAST MAKITAIAL ls, TInT rvli.f ouvv NORTH 89' 15' 54' WEST A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAW LINE AND SOUTH 23' 40' 59' EAST A DISTANCE OF 648.77 .FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LINE BETWEEN THE DONATION CLAIMS OF FRANCIS MCNATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; RUNNING THENCE WEST A DISTANCE OF 1574.72 FEET TO THE EAST LINE OF RUNNING THENCE WEST A DISTANCE OF 1574.72 FEET TO THE EAST LINE OF COMMERCIAL WATERWAY DISTRICT NO. 1; THENCE SOUTH 15' 00' 00' EAST ALONG SAID EASTERLY LINE A DISTANCE OF 237.76 FEET TO THE TRUE POINT OF BEGINNING OF SAID "UNE A'; THENCE EAST A DISTANCE OF 1053.10 FEET: THENCE SOUTH 23' 02' 00' EAST A DISTANCE OF 46.03 FEET; THENCE EAST A DISTANCE OF 561.38 FEET TO THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND THE TERMINUS OF SAID 'UNE A'; LINE B: BEGINNING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AT A POINT WHICH BEARS NORTH 89' 15' 54' WEST A DISTANCE OF 2470.01 FEET ALONG THE DONATION CLAIM UNE AND • . SOUTH 23' 40' 59' EAST A DISTANCE OF 1374.17 FEET.ALONG THE WESTERLY MARGIN OF EAST. MARGINAL• WAY SOUTH FROM THE INTERSECTION OF THE LINE 'BETWEEN 'THE DONATION CLAIMS OF FRANCIS MCNATT AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID POINT BEING AT THE 'INTERSECTION OF THE WESTERLY MARGIN' OF EAST MARGINAL. WAY SOUTH WITH THE NORTH UNE or VAN DE VANTER STOCK FARM TRACT AND THE TRUE POINT. OF BEGINNING OF SAID 'UNE B'; THENCE NORTH 89' 27' 50' WEST A DISTANCE OF 14.94 FEET; THENCE NORTH 86' 54' 59' WEST A DISTANCE OF 486.97 FEET; THENCE NORTH 84' 17' 04' WEST A DISTANCE OF 117.00 FEET; THENCE SOUTH 83' 57' 56' WEST A DISTANCE OF 119.00 FEET; THENCE SOUTH 70' 40' 29' WEST A DISTANCE OF 110.173 FEET; THENCE SOUTH 61' 33' 40' WEST A DISTANCE OF 840.02 FEET, TO THE EASTERLY LINE OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 • AND THE TERMINUS OF SAID 'UNE B'; TOGETHER WITH THE RIGHT TO CROSS THE PARCEL CONVEYED TO GREAT NORTHERN RAILWAY COMPANY .A.5 RESERVED IN DEED RECORDED UNDER RECORDING NUMBER 4784818. SITUATE IN THE CITY OF TUKWILA COUNTY OF KING, STATE OF WASHINGTON. LEGAL DESCRIPTION (NEW) (BEARINGS ROTATED TO CURRENT BASIS OF BEARINGS) THAT PORTION OF TRACTS 1 AND • 2 OF THE MEADOWS, ACCORDING TO 1HE PARTITION MAP OF PART OF THE FRANCIS MCNATT DONATION LAND CLAM NO. 38<F1LEB'IN KING, COUNTY SUPERIOR COURT CAUSE NUMBER 120091,, AND OF THE ABANDONED BED OF THE DUWAMISH` RIVER, ALL LOCATED IN SECTION 33, TOWNSHIP 24 • ' • RANGE 4 EAST, WILLAMETTE MERIDIAN, -IN- KING •COUNFX- WASHINGTON, AND ALL LYING WESTERLY -OF, THE• -:. - - WESTERLY MARGIN OF EAST MARGINAL 'WAY . SOUTH AND ALSO WESTERLY OF THE PARCEL OF LAND ADJOINING EAST: MARGINAL WAY WHICH WAS CONVEYED' TO. GREAT 'NORTHERN RAILWAY COMPANY BY DEED RECORDED UNDER RECORDING NUMBER 4784818; LYING EASTERLY -OF THE EASTERLY MARGIN OF THE RIGHT OF WAY OF. COMMERCIAL' WATERWAY DISTRICT NO. • 1 (DUWAMISH WATERWAY); LYING SOUTHERLY OF THE HEREINAFTER DESCRIBED_ .UNE A'; AND LYING NORTHERLY OF THE HEREINAFTER DESCRIBED . 'LINE B': LINE A COMMENCING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH! WHICH POINT BEARS NORTH 8807'02' WEST, A DISTANCE OF 2470.01 FEET•ALONG THE DOYSTWN CLAM LINE AND• SOUTH 2732'07' EAST, A DISTANCE OF 648.77 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL'' WAY SOUTH FROM THE INTERSECTION OF THE UNE BETWEEN THE DONATION CLAIMS OF FRANCIS MCNATT.AND HENRY VAN ASSELT WITH THE EAST LINE OF SECTION 33, TOWNSHIP 24 NORTH; RANGE 4 EAST, WILLAMETTE • MERIDIAN, IN KING COUNTY, WASHINGTON; RUNNING THENCE SOUTH 88'51'08' WEST,.A DISTANCE OF 1574.72 FEE? TO THE EAST LINE OF COMMERCIAL WATERWAY DISTRICT NO. 1; - _ THENCE SOUTH 1400'00' EAST. ALONG SAID EASTERLY LINE A DISTANCE OF 237.76 FEET TO THE_ -. -• - POINT OF BEGINNING OF .SAID 'LINE A'; • . THENCE SOUTH 6851'08' EAST, A' DISTANCE OF 1058.10 FEET; THENCE SOUTH 2710'28' EAST, A DISTANCE OF 46.03 FEET; . THENCE SOUTH 8851'08' EAST, A DISTANCE OF 542.82 FEET TO THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AND THE TERMINUS OF SAID ..LNE K; • - - LINE B: COMMENCING ON THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH AT A POINT WHICH BEARS NORTH 8807'02' WEST, 2470.01 FEET ALONG THE DONATION CLAIM LINE AND SOUTH 2732'07 FAST, ' 1374.17 FEET ALONG THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH FROM THE INTERSECTION OF THE LIME BETWEEN THE DONATION CLAWS OF FRANCIS MCNATT AND HENRY VAN ASSELT WITH THE EAST .LINE OF SECTION 33, TOWNSHIP 24 NORTH. RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, SAID POINT • BEING AT THE, INTERSECTION OF THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH WITH THE NORTH UNE OF VAN DE VANTER STOCK FARM TRACT AND THE POINT OF BEGINNING OF SAID UNE B'; THENCE NORTH 6818'58' WEST, A DISTANCE OF 14.95 FEET; THENCE NORTH 8546'07' WEST, A DISTANCE OF 466.97' FEET; THENCE NORTH 83'O8'12 ,WEST, A DISTANCE OF 117.00. FEET; THENCE SOUTH 85'06'48' WEST, A DISTANCE OF .119.00 FEET; THENCE SOUTH 71'49'21' WEST, A DISTANCE OF 110.17 FEET; THENCE SOUTH 6742'32' WEST, A DISTANCE OF 842.28 FEET, TO THE EASTERLY LINE OF THE RIGHT OF WAY OF COMMERCIAL WATERWAY DISTRICT NO. 1 AND THE TERMINUS OF SAID 'LINE B'; TOGETHER WITH THE RIGHT TO CROSS. THE. PARCEL CONVEYED TO GREAT NORTHERN RAILWAY COMPANY AS RESERVED IN DEED RECORDED UNDER : RECORDING NUMBER 4784818. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, •STATE OF WASHINGTON. LOT I THAT PORTION OF THE ABOVE LYING WEST 'OF THE FOLLOWING 'UNE C'; COMMENCING AT THE AFORESAID POINT OF BEGINNING OF SAID LINE A'; THENCE SOUTH 8851'08' EAST, A DISTANCE OF 956.07 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'50'26' EAST, 445.25 FEET. TO ABOVE-MENTIONED UNE B' AND THE POINT OF TERMINUS. LOT2 THAT PORTION OF THE 'ABOVE LYING EAST THE FOLLOWING 'LINE C' COMMENCING AT THE AFORESAID POINT OF' BEGINNING OF SAID 'UNE A; THENCE SOUTH 8851'O8' EAST, A DISTANCE OF 956.07, FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'50'26' EAST, 445.25 FEET,TOABOVE- MENTIONED 'UNE B' AND THE POINT OF :TERMINUS; LAND SURVEYOR S CERTIFICATE: L WW.IAM R. WORKMAN, REGISTERED AS A LAND SURVEYOR BY THE,STATE _. OF WASHINGTON, CERTIFY THAT THIS PLAT IS BASED ON AN ACTUAL' SURVEY OF THE LAND DESCRIBED HEREIN, CONDUCTED BY ME OR UNDER MY ' SUPERVISION: THAT THE DISTANCES, COURSES AND ANGLES ARE SHOWN THEREON CORRECTLY; AND THAT THE MONUMENTS OTHER THAN THOSE ' •' • MONUMENTS APPROVED FOR SETTING AT A LITER DATE, HAVE. BEEN SET. AND iv LOT .: 13 STAKED • ,••:, ND AS DEPICTED ON 1HE.PLAT. . 1:/i Zf 4 a./ PROFFRSIONA I AND SURVEYOR ne na _1o _�nn7 It w o t t s 'e' Gaol D NG. 1AIND RAP°M4 l ,MQ EMGME 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX SORIIEY010, DIVNOMEDITIL SOIVICER DRAWN BY . SRF !' DATE. . 8/26/05 SCALE: AS SHOWN CHECKED BY: WRW JOB NO.: 1non:R ' URBAN SHORELINE STANDARDS* 1. BUILDING SETBACK - 50 FEET 2. OUTSIDE STORAGE SETBACK - 20 FEET 3. PARKING - BENEATH OR LANDWARD OF THE USE IT SERVES (VARIANCE REQUIRED) 4. '.VEGETATION BUFFER - NONE 5. LANDSCAPING SCREEN /BUFFER FOR PARKING - 5 FEET 6. MAXIMUM BUILDING HEIGHT - 35 FEET ALL SETBACKS TO BE MEASURED FROM THE ORDINARY HIGH WATER MARK OF THE DUWAMISH WATERWAY VICINITY MAP SITE' DATA 1. TAX PARCEL NO.: 542260 -0010 2. SITE ADDRESS: 9229 EAST MARGINAL WAY 3. ZONING: MIC /H (MANUFACTURING INDUSTRIAL CENTER /HEAVY) 4. COMPREHENSIVE PLAN: MIC /H 5. EXISTING USE ENVIRONMENTAL REMEDIATION / UNUSED DEVELOPED SITE 6. PROPOSED USE OUTDOOR STORAGE AND WAREHOUSE 7. BUILDING SETBACKS: FRONT =20 FEET, SIDE =O FEET, REAR =O FEET RECORD OF SURVEY HORIZONTAL DATUM - BASIS OF BEARINGS NORTH AMERICAN DATUM OF 1927 NAD WASHINGTON STATE PLANE COORDINATE SYSTEM - NORTH ZONE THE MONUMENTED OFFSET CENTERUNE OF EAST MARGINAL WAY TAKEN AS North 2732'07' West, • PER Book 72, of Surveys, Page 222, KING COUNTY RECORDS. • VERTICAL DATUM - BASIS OF ELEVATIONS NATIONAL GEODETIC VERTICAL DATUM OF 1929 NOVD - 29 ORIGINAL PROJECT BENCHMARK FROM 1988 SURVEY BY BARGHAUSEN CONSULTING ENGINEERS 2' BRASS DISK SURFACE MONUMENT ON EAST SIDE OF 102nd St. BRIDGE (DESTROYED) SITE BENCHMARK TOP OF MAGNAIL SET ON WEST SIDE OF EAST MARGINAL WAY (SEE DRAWING) ELEVATION = 17.91 FEET r--- PORTION OF THE F. MCNATT DONATION LAND CLAIM NO. 38, IN THE SOUTH 1/2 OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, STATE OF WASHINGTON FOR DAVIS PROPERTY & INVESTMENT P.O. BOX 1043 KENT, WA 98036 -1043 SHEET 1 OF 2 SHORT PLAT NO. L05 -057 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 4313670 FAX (206) 4313665 E -mail: tukplan(dltukwila.wa.us 572,881 sq. ft. 13.15 acres 514 - 0010 S71'49'21 PRIVATE NON - EXCLUSIVE 35' INGRESS. EGRESS & UTILITY EASEMENT GRANTED UNDER RECORDING NO. 2007 281,732 sq. ft. 6.47 acres 8' UTILITY EASEMENT . REC. NO. 9806080935 Sy2zrv 1 �� ANro U ,,t d t µ£ W P p Y.. -Zcp10 CCF�J`O�_ S88'51'08'E 1058.10' 956.07' IVILr \r \IL.L. \�[ \LLI\ r10L.LJII V \7.i L. L.V rfl /14 r 1EA [> / \IAIAI 1A1 A \/ V I E. IVlrll \ \711 Vr\L. rV I 1 T A \/ I (\ k A r)•) I ^r1 r\r\hn I 1 LA./ I I V\J. �. "f «vV 111 /vV s� 41 .0 p oittA Ck P0B LINE 'C /'1'a ENaw 10' WIDE DRAINAGE EASEMENT REC. NO. 2716188 S2710' ?8'E 46.03 06 48 GHgV . 18215 72ND AVENUE SOUTH KENT, WA 98032 :(425)251- 6222 . 6 .(425)251 -8782 FAX CPA EKINEETRIG, urm Roam. :5161YOSIG, - ENVIRO 0EIM. SERVICES 50' WIDE CONSTRUCTION EASEMENT REC. NO. 9509180955 N83'08 12 117.00' DRAWN SRF DATE • 8/26/05 SCALE: CHECKED BY: WRW. JOB NO.: 102135 ^ rf Ir r\r1A I(' \/\1 � C) A AI \/ V ■7 V\JIVII r11 N I •' LA l / \II.I.A I \ ► A • CZ • / L..) L.. IV 1 11 - % I vnL.: . rr r.,\ I .,• - r A •/. I . A1/\ r\ �n I r\ /\ L.V I • I VV. .Jvc A .. `f e. it 388'51'08'E 542.82' N 486.97 NOTE: (1) THIS SITE IS SUBJECT T0: A ;CORRECTIVE ACTION UNDER THE RESOURCE CONSERVATION AND; RECOVERY ACT ADMINISTRATIVE ORDER ON CONSENT • ISSUED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY. REGION 10, DOCKET 1091- 11- 20- 3 -8(h). (2) TURN • AROUND .. REQUIRED FOR ACCESS ROAD GREATER THAN 150 FEET LONG. . (3) FIRE HYDRANT REQUIRED TO BE WITHIN 150 FEET OF BUILDING WITH NO PORTION..OF' BUILDING FARTHER THAN 300 FEET FROM HYDRANT AS, itEASURED: BY. VEHICULAR TRAVEL. N SCALE: 1'000' , 5p 588'18'p'E 14.95 RECORD OF SURVEY PCS LINE 100 200 SITE BENCHMARK ELEV. =17.91 FEET SET HAG NAIL W/WASHER 12/12/04 PORTION OF THE F. MCNATT DONATION LAND CLAIM NO. 38, IN THE SOUTH 1/2 OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, STATE OF WASHINGTON FOR: DAVIS PROPERTY & INVESTMENT P.O. BOX 1043 KENT, WA 98035 -1043 400 0 cri co 0 00 N \ \ E \ 0 SHEET 2 OF 2