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HomeMy WebLinkAboutPermit L08-069 - SWEDSTEDT ROY - SPECIAL PERMISSION PARKING VARIANCEDANIA FURNITURE PARKING DEVIATION SPECIAL PERMISSION PARKING VARIANCE L08 -069 9 • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF DECISION May 26, 2009 TO: Roy Swedstedt, Applicant William Boeing, Jr.- Trustee Jack Link, President Interline Boeing Oregon Mesabi Trust Tri-Land Corporation 1350 Wharf Road 1325 Fourth Ave, #1940 1325 4th Ave, # 1940 DuPont, WA 98327 Seattle, WA 98101 Seattle, WA 98101 This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION FILE NUMBERS: L08 -069, (Administrative Parking Variance) APPLICANT: Roy Swedstedt, Interline REQUEST: Administrative Parking Variance, 10% reduction LOCATION: Dania Retail Building at 1251 Andover Park West COMPREHENSIVE PLAN & ZONING DESIGNATION: Tukwila Urban Center (TUC) II. DECISION SEPA Determination: The City SEPA Responsible Official has determined that this application does not require a SEPA threshold determination because it is categorically exempt. Decision on Substantive Permit: The DCD Deputy Director has approved the administrative parking variance for a reduction in required parking by 10% subject to the conditions outlined below. The total required number of parking spaces for the site, with the uses as shown on the site plan dated 3/16/2009, is 149 spaces. Conditions: 1. The site is now subject to the City's CTR program. 2. The shared ingress and egress easement must remain. This decision allows revocation of the existing easement for shared parking and ingress /egress (King County Recording number 9607020313) and is predicated on recording a new shared ingress and egress easement. Provide a draft copy of the new shared ingress /egress easement for the City to review prior to final recording. 3. The parking lot must be restriped according to the submitted and red -lined plans. SM H: \L08 -069 Dania\L08 -069 ParkingNOD.doc Page 1 of 3 05/26/2009 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Fax: 206- 431 -3665 • • III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code 18.104.010. Other land use applications related to this project may still be pending. One administrative appeal to the Hearing Examiner of the Decision on the Permit itself is permitted. 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 decision. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, by June 2, 2009. The requirements for such appeals are set forth in Tukwila Municipal Code18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST 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. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Hearing Examiner based on the testimony and documentary evidence presented at the open record hearing. The Hearing Examiner decision on the appeal is the City's final decision. Any party wishing to challenge the Hearing Examiner decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Hearing Examiner decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. SM Page 2 of3 05/26/2009 HALOS-069 Dania1L08 -069 ParkingNOD.doc • • VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 4:30 p.m. The project planner is Stacy MacGregor, who may be contacted at 206- 431 -3670 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. e artment of Comm fry D p Development City of Tukwila SM Page 3 of 3 05/22/2009 H: \L08 -069 Dania \L08 -069 ParkingNOD.doc • • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director File Number: Applicant Request: Location: Comprehensive Plan Designation/Zoning: SEPA Determination: Staff: Recommendation: Staff Report Administrative Parking Variance May 26, 2009 L08 -069, (Administrative Parking Variance) Roy Swedstedt, Interline Administrative Parking Variance, 10% reduction Dania Retail Building at 1251 Andover Park West Tukwila Urban Center (TUC) Exempt Stacy MacGregor, Assistant Planner Approval with conditions Request Dania, Inc. operates a retail business at 1251 Andover Park West, parcel number 3523049103 (the Retail Building). Dania, Inc. also operates a warehouse building at the adjacent property located at 5920 South 180th Street, parcel number 3523049105 (the Warehouse Building). The two parcels are owned by two separate entities; the buildings on the site are separated by a paved parking area that serves as drive - aisles and loading spaces. On July 2, 1996, a reciprocal easement agreement was recorded allowing shared ingress and egress and providing 62 parking spaces on the warehouse site for the benefit of the retail property. Dania, Inc. no longer has a need for the Warehouse Building. The applicant, who is leaser of the retail site for Dania, Inc. has reconfigured the floor area of his building which results in a reduction in required parking. The applicant is seeking to restripe the Retail Building parking lot and obtain a parking reduction variance to provide enough parking on its site to allow the reciprocal parking easement to be lifted. Striping for additional parking on the Warehouse Building site is also being proposed enabling the existing warehouse site to redevelop or to be leased to a future tenant. The parking area for the retail building is visually and functionally linked to an existing north building (the Existing Building). The Existing Building is not leased by Dania, Inc. but is owned and controlled by the same entity and is located on the same parcel (these two buildings will be collectively referred to as the Dania Building). This parking determination includes the parking needs for the Existing Building. The applicant is applying for approval of the submitted parking lot restriping plan, an administrative variance for a 10% reduction of the required parking, and for City to authorize the revocation and termination of the SM Page 1 of 3 H: \L08 -069 Dania \ L08-069, Parking Variance. Staff Report.doc 05/22/2009 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 -431 -3670 • Fax: 206 -431 -3665 • • City- required parking easement. If approval is obtained, the retail site would contain all the parking required by code for its use and the warehouse site will no longer provide parking for the retail site. The applicant has provided a parking analysis for the Warehouse Building, the Existing Building, and the Retail Building. The usable floor area will be broken down as follows: The Warehouse Office Warehouse Total Stalls Required Loading Spaces 15,000 sf 52,500 sf 71.25 stalls 3 required 3 stalls /1,000 sf 1 stall/2,000 sf 45 stalls 26 stalls Total Stalls Provided 130 stalls (30 compact) 7 provided The Dania Building The Existing Building Bulk Retail 6,500 sf 2.5 stalls /1,000 sf 16 stalls Warehouse 20,500 sf 1 stall/2,000 sf 10 stalls The Retail Building Bulk Retail 52,565 sf 2.5 stalls /1,000 sf 131 stalls Warehouse 17,934 sf 1 stall/2,000 sf 9 stalls Total Stalls Required 166 stalls Total Stalls Provided 155 stalls (47 compact) Loading Spaces 6 required (3 each building) 6 provided (3 each building) Under Figure 18 -7 of the Tukwila Municipal Code, warehouse use is required to have a parking ratio of 1 stall for every 2000 square feet of usable floor area. Bulk retail use is required to have 2.5 stalls for every 1,000 square feet of usable floor area. The total number of parking stalls required for the existing development is 166 stalls on the Dania Building site and 34 stalls on the Warehouse Building site. No more than 30% of the total off - street parking stalls may be permitted and designated for compact cars. The applicant has requested a 10% reduction in the required parking. The plans show a reduction of the required parking stalls on the Dania Building site from 166 to 155 stalls. A reduction of eleven stalls would be a reduction of 6.6 percent of the required parking stalls. The applicant requests the maximum reduction (10 %) to allow future flexibility in the bulk retail/warehouse uses onsite. A 10% parking reduction will require 149 stalls. Review Criteria TMC 18.56.140 (B) states the criteria that will be used to evaluate administrative variance from parking standards. A. All shared parking strategies are explored. A shared parking agreement is already in effect but is no longer meeting the needs of the property's in question. The existing shared parking agreement binds the applicant with a lease of the warehouse building that he no longer needs and encumbers redevelopment of the Existing Warehouse site. Approval of this administrative variance authorizes the applicant to revoke the shared parking and access easement and requires the applicant to record a new shared access easement. SM Page 2 of 3 H: \L08 -069 Dania \L08 -069, Parking Variance. Staff Report.doc 05/22/2009 • B. On site parking and ride opportunities are fully explored. Five bus routes are located within a quarter mile of the site. Customers are coming to the site to purchase furniture and, customers not the employees on the site will generate most of the parking demand for the building. Thus, implementing a park and ride program for employees on the site would not significantly reduce the total number of parking stalls needed. C. The site is in compliance with the City's commute trip reduction ordinance, or if not an affected employer as defined by the City's ordinance, agrees to become affected. The project is not subject to the requirements of the City's CTR program. However, granting this administrative parking variance will require that the site participate in the City's CTR program. D. The site is at least 300 feet away from a single - family residential zone There is no single - family residential zone within 300 -feet of the subject property. E. A report is submitted providing a basis for less parking and mitigation necessary to offset any negative effects As part of this project the applicant submitted a Parking Lot Survey, conducted between July and October, 2008. Over a ninety-five day period the vehicles in the parking lot were counted 224 times; the highest single count was 35 vehicles while the city code requires 166 stalls. Conclusion Based upon the information presented to the City, the reduction of parking on the site by ten percent is warranted. The applicant has provided a parking review, which demonstrates that sufficient parking will be available on the site. The applicant did have a shared parking agreement with an adjacent property owner and this parking reduction will enable that agreement to be terminated. Staff's Recommendation The administrative parking variance should be granted for a 10% reduction in the required parking on the site, subject to the following conditions: 1. The site is now subject to the City's CTR program. 2. The shared ingress and egress easement must remain. This decision allows revocation of the existing easement for shared parking and ingress /egress (King County Recording number 9607020313) and is predicated on recording a new shared ingress and egress easement. Provide a draft copy of the new shared ingress /egress easement for the City to review prior to final recording. 3. The parking lot must be restriped according to the submitted and red -lined plans. Stacy MacGregor, sststant Plann Date: Attachments: 1. Letter from applicant, dated November 6, 2008 2. Parking lot restriping plan, dated March 16, 2009, red -lined SM Page 3 of 3 05/22/2009 H: \L08 -069 Dania \L08 -069, Parking Variance. StaffReport.doc M • • Cizj' of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION April 6, 2009 Mr. Roy Swedstedt 1350 Wharf Road DuPont, WA 98327 RE: Dania Parking Deviation Request L08- 0,53'049,1 Dear Ms. Swedstedt, Your application for a Parking Deviation is considered complete on April 6, 2009 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit 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. This notice of complete application applies only to the permit identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. Upon receipt of the new (revised) Reciprocal Easement Agreement, I will route the revised plans and agreement to the various City departments for review and approval. The plans, dated March 16, 2009, appear to meet my comments. Please respond within ninety days from the date of this letter (by 7/5/2009) or the City may cancel your application from inactivity. If you have any questions with this matter you may call me at 206 - 433 -7166 or by email at SMacGregor @ci. Tukwila. WA.US. Sincerely, Stacy cG egor Assistant Planner SM H: \L08 -069 Dania \NOC.DOC Page 1 04/06/2009 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 RECEIVED • Snell &Wilmer ► APR 011 20091 L.L.P. LAW OFFICES 600 Anton Boulevard Suite 1400 Costa Mesa, CA 92626 -7689 714.427.7000 714.427.7799(Fac) www.swlaw.com VIA FEDERAL EXPRESS Ms. Stacy MacGregor Assistant Planner City of Tukwila Department of Community Development 6300 South Center Boulevard, Suite 100 Tukwila, Washington 98188 -2544 DCLO EVE NPMENT March 31, 2009 Re: Dania, Inc. ( "Dania ") 1251 Andover Park West Tukwila Parking Deviation L08 -053 Dear Stacy: DENVER LAS VEGAS ORANGE COUNTY PHOENIX SALT LAKE CITY TUCSON Your letter dated February 3, 2009 to Roy Swedstedt (the "Letter ") has been forwarded to me for response. In reply to your Letter, I am pleased to enclose the following materials. 1. Four (4) full sized Parking Plans prepared by Dania's architect, which Parking Plans have been revised in an effort to comply with the comments you raised in your Letter. As requested, directional arrows have been added and the compact parking spaces have been modified to address your comment. 2. Two (2) counterparts of the Affidavit of Ownership and Hold Harmless Permission to Enter Property form ( "Affidavits "), one signed by the landlord of the Retail Building and one signed by the landlord of the Warehouse Building. The final issue in your Letter concerns the requirement for a shared access easement. I have discussed this matter with the landlords for the two properties. The landlords have indicated that the provisions regarding shared access in the existing Reciprocal Easement Agreement For Ingress, Egress and Parking (the "Parking Easement ") are acceptable. Since these shared access provisions were previously acceptable to the landlords, Dania and the City of Tukwila ( "City "), hopefully we will be able to reach agreement on this matter quickly and easily. I will forward a draft of a new Reciprocal Easement Agreement For Ingress and Egress (the "Access Easement ") to the landlords and the City for your review. Snell 8 Wilmer is a member of I.1-X MIINi)I, The Leading Association of Independent Law Firms. • Snell &Wilmer 0 L.L.P Ms. Stacy MacGregor March 31, 2009 Page 2 • Once the Access Easement is in acceptable form and the City has approved the application for the Parking Deviation, please have the City authorize the removal of the Parking Easement as it requires the recordation of the Access Easement. At your convenience, please confirm that the revised Parking Plans are now acceptable to the City and that the Affidavits are in the required form. If you have any questions, please do not hesitate to contact me. CDM:eas encl. cc: Erling Eide (w /encl.) Roy Swedstedt (w /encl.) Very truly yours, S ►,=11 &%' ilmer L.L S Cr g to • s - Mills • Cizy of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF INCOMPLETE APPLICATION February 3, 2009 Mr. Roy Swedstedt 1350 Wharf Road DuPont, WA 98327 RE: Dania Parking Deviation Request L08 -053 Dear Ms. Swedstedt, Your application for a Parking Deviation has been found to be incomplete. In order to be a complete application which is required to issue a formal decision, a signed affidavit of ownership from the property owners of both sites is required. Upon receipt of the affidavit of ownership, the City will re- review them for completeness and will mail you written notification of completeness or incompleteness within 14 days. While your application is not complete, it has been reviewed by City Departments and their comments have been compiled into the following list: 1. Add and remove directional arrows. Add arrows so the drive -aisle along the south side of Dania is arrowed for west travel only and remove some of the proposed arrows so the drive- aisles created between the two buildings are each one -way only. 2. The shared access easement for the shared entrance and one -way access between the two buildings needs to be maintained and/or created. The shared parking agreement needs to be rescinded. 3. No more than 30% of parking stalls can be compact and your plan proposes more than 30% compact stalls. Reduce the compact stall number from 49 to 47 to meet code. This would reduce your total stalls on -site down to 155 and, with a 10% reduction, 149 are required. These applications will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.104.070(E). SM H: \L08 -069 Dania \NOIC2.DOC Page 1 of 2 02/03/2009 Soso k t Qrs(VsA , 2-11C,41 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax: 206 - 431 -3665 Additionally, to further the review of your project, address the comments made in this letter. The comments included in this letter address the plans as submitted. Once you have addressed the comments and revised the plans, resubmit two sets of plans to the Department of Community Development for review. If you have any questions with this matter you may call me at 206- 433 -7166 or by email at SMacGregor @ci.Tukwila. WA.US. S j cerely, cy MacG egor Assis ►:. • ' anner SM Page 2 of 2 02/03/2009 H: \L08 -069 Dania \NOIC2.DOC • • DANIA N O M E A N D O F F I C E RECEIVED AN 21 N DEVELOPMENT January 21, 2009 VIA HAND DELIVERY Ms. Stacy MacGregor Assistant Planner City of Tukwila Department of Community Development 6300 South Center Boulevard, Suite 100 Tukwila, Washington 98188 -2544 Re: Dania, Inc. ( "Dania ") 1251 Andover Park West Tukwila Parking Deviation L08 -053 Dear Stacy: Thank you for your response to my prior letter indicating that our application for a Parking Deviation is incomplete. For convenience, capitalized terms herein shall have the same meanings given to them in my prior letter. Enclosed are four (4) sets of the Parking Plan in support of the requested Parking Deviation. The enclosed Parking Plans have been revised by our architect to respond to the comments set forth in your letter. Hopefully, we have addressed and resolved all of the matters raised by the City Departments to your satisfaction. In your letter, you indicate that our application has been found to be incomplete because a signed affidavit of ownership from the property owner is required. In our application, we included an Affidavit of Ownership and Hold Harmless Permission to Enter Property ( "Affidavit "), which provides that Dania, as tenant under the leases for both the Retail Building and the Warehouse Building, grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon the subject real property. Dania also agrees to hold the City harmless for any loss or damage as required under the City's form affidavit. As we discussed briefly earlier, Dania is the party in legal possession of the Retail Building and the Warehouse Building under its leases with the Landlord and as such, Dania is the one with the power and authority to grant the City the right to enter the properties. Further, the owners of the properties may not be willing to undertake the obligation to hold the City harmless for any loss or damage as required under the Affidavit. After all, the application is requested by and for the benefit of Dania, not the owners of the properties. 1350 WHARF ROAD DUPONT, WA 98327 PHONE: 253.91 2.2050 FAX: 253912.0415 • • Ms. Stacy MacGregor January 21, 2009 Page 2 We would respectfully request that the City accept the Affidavit signed by Dania, deem the application complete, and allow the process for the Parking Deviation to proceed. If there is any question about Dania's right to grant the City rights to enter the properties, please call me, as I believe I can establish how our leases allow us to do so. If the Affidavit is unacceptable for some other reason, I would still ask you to call me, so we can understand and address any continuing concerns of the City. Thank you again for you efforts to help us process the requested Parking Deviation. Very truly yours, Roy Swedstedt Enclosures Cc: Erling Eide David Kehle Creighton Mills, Esq. • city of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF INCOMPLETE APPLICATION November 26, 2008 Mr. Roy Swedstedt 1350 Wharf Road DuPont, WA 98327 RE: Dania Parking Deviation Request L08 -053 Dear Ms. Swedstedt, Your application for a Parking Deviation has been found to be incomplete. In order to be a complete application which is required to issue a formal decision, a signed affidavit of ownership from the property owner is required. While your application is not complete, it has been reviewed by City Departments and their comments have been compiled into the following list: 1. Tukwila Municipal Code (TMC) requires Dania and the Existing Building to each have 3 loading spaces. 1 space for each building must be 12' by 65' and the other spaces can be 10' by 30'. See TMC 18.56.060. 2. Parking cannot obstruct fire department connections. The parking stall proposed in front of the sprinkler riser at the Dania Building is not allowed. 3. The parking configuration at the back of the buildings does not meet code for drive -aisle widths and creates a maneuverability problem for semi - trucks to access the loading bays. Consider exploring a mix of parallel and angled parking which requires narrower drive - aisle widths to meet code. Obstructing the drive - aisles or access into the loading bays will not be permitted. 4. What is the width of the stalls? Label the stall width on the plans. 5. For your information, an older aerial photo of your site shows 40 stalls on the south side of the Dania site. They are a combination of angled and 90 degree stalls. Upon receipt of the affidavit of ownership, the City will re- review them for completeness and will mail you written notification of completeness or incompleteness within 14 days. SM Page 1 of 2 H: \L08 -069 Dania \NOIC.DOC 11/26/2008 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • • These applications will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.104.070(E). Additionally, to further the review of your project, address the comments made in this letter. The comments included in this letter address the plans as submitted. Once you have addressed the comments and revised the plans, resubmit four sets of plans to the Department of Community Development for review. If you have any questions with this matter you may call me at 206 - 433 -7166 or by email at SMacGregor @ci.Tukwila. WA.US. SM Page 2 of 2 11/26/2008 H:\L08 -069 Dania\NOIC.DOC • • R GE VED GONNUNP- -y � November 6, 2008 VIA HAND DELIVERY Ms. Stacy MacGregor Planner Department of Community Development 6300 South Center Boulevard, Suite 100 Tukwila, Washington 98188 -2544 Re: Dania, Inc. ( "Dania "); 1251 Andover Park West; Tukwila Parking Deviation Dear Ms. MacGregor: Thank you and Jack Pace for meeting with David Kehle and me to discuss our issues regarding parking at the Dania retail furniture store in Southcenter. This letter is to follow up on that meeting. As we mentioned, Dania is the tenant at 1251 Andover Park West in Tukwila (the "Retail Building "). The owner of the Retail Building is TRI -Land Corporation, a Washington corporation ( "TRI- Land "). Dania is also the tenant at 5920 South 180th Street in Tukwila (the "Warehouse Building "). The owners of the Warehouse Building are William E. Boeing, Jr. and First Interstate Bank of Washington, NA, Co- Trustees of the Boeing Oregon Mesabi Trust. As we discussed, the Retail Building and the Warehouse Building are located next door to each other and share a common entrance and exit to South 180`h Street. Although the landlords of the Retail Building and the Warehouse Building are different entities, they are owned and controlled by the same principal ( "Landlord "). Enclosed is a Special Permission Director form, including the Complete Application Checklist, Application, and Affidavit of Tenancy and Hold Harmless Permission to Enter Property. A check made payable to the City of Tukwila ( "City ") in the amount of $365.00 in payment of the Permit Fee is also enclosed. In addition, enclosed are two sets of stamped and signed site plans (the "Plans ") for the Retail Building and Warehouse Building dated September 15, 2008 and prepared by David Kehle, Architect. Finally, enclosed is a current (July 30, 2008) Commitment for Title Insurance issued by First American Title Insurance Company (the "Commitment ") covering the Retail Building, together with a copy of the Non - Exclusive Easement Agreement dated May 22, 1984 and identified in the Commitment which encumbers both the Retail Building and the Warehouse Building (the "Access Easement "). 91 /limn 1 • • Ms. Stacy MacGregor November 6, 2008 Page 2 Approximately twelve years ago, in connection with improvements to the Retail Building constructed by Dania, the City required that a Reciprocal Easement Agreement for Ingress, Egress and Parking (the "Parking Easement ") be put in place to allow the Retail Building to use sixty -two (62) parking spaces located on the Warehouse Building. This Parking Easement was recorded against the Retail Building and Warehouse Building on July 2, 1996. For your convenience, a copy of this Parking Easement is also enclosed. As we discussed in our meeting, Dania no longer requires and in fact has fully vacated the Warehouse Building. Since the rental payments for the vacant Warehouse Building are a huge and continuing financial drain, Dania desires to terminate the lease for the Warehouse Building. However, Dania may terminate the lease for the Warehouse Building only if the City authorizes the revocation of the Parking Easement. Based on the information provided in this letter and the enclosed materials, Dania hereby respectfully requests that the City authorize the revocation and termination of the Parking Easement. The enclosed Plans show the total square footage of both the Retail Building (71,565 square feet) and the Warehouse Building (67,500 square feet). The Plans also include an additional building located on the same parcel of real property (the "Retail Property") as the Retail Building. This additional building is identified as the "Existing Building" on the Plans, and contains approximately 27,432 square feet of space. The Existing Building is not leased by Dania, but it is also owned and controlled by TRI -Land. Of importance to Dania's request, the Building and Site Stats on the Plans include a breakdown of the relevant square footages of the interior of the Retail Building (the "Interior Plans "). The Plans also contain a parking plan depicting the proposed parking spaces for the Retail Building (including the Existing Building) and the Warehouse Building (the "Parking Plan "). The Plans, including the Interior Plans and Parking Plans, together with the other enclosures and matters discussed in this letter, demonstrate how Dania is able to make the Retail Building self - sufficient in terms of parking such that the City will be able to authorize the revocation of the Parking Easement. The following is the parking analysis for the Warehouse Building, Existing Building and the Retail Building, based on previous permitted uses, the identified parking ratios and David Kehle's Building and Site Stats shown on the Plans. Warehouse Property Warehouse Building (67,500 sf) Office 15,000 sf 3/1000 45 spaces Warehouse 52,500 sf 1/2000 27 spaces Total Required 72 spaces 9140700. I • • Ms. Stacy MacGregor November 6, 2008 Page 3 The parking plan submitted back in 1996 when the Parking Easement was created showed the Warehouse Building with 130 parking spaces. The enclosed Parking Plan shows parking for the Warehouse Building unchanged at 130 spaces, so the new Parking Plan has no adverse impact on the Warehouse Building, which now enjoys 58 surplus parking spaces. II. Retail Property Existing Building (27,432 sf) Bulk Retail 6,500 sf 2.5/1000 = 16 spaces Warehouse 20,500 sf 1/2000 = 10 spaces Total Required 26 spaces Retail Building (Dania) (71,565 sf) Bulk Retail 52,565 sf 2.5/1000= 131 spaces Warehouse 17,934 sf 1/2000= 9 spaces Total Required 140 spaces The combined parking requirement for the Retail Building and the Existing Building is 26 + 140 = 166 parking spaces. A 10% parking deviation from this number granted by the City would establish a requirement for 150 parking spaces for the overall Retail Property. The enclosed Parking Plan shows that the Retail Building will have 102 parking spaces and the Existing Building will have 56 parking spaces, for a combined total on the Retail Property of 102 + 56 = 158 parking spaces. Accordingly, with a City approved parking deviation, the Retail Property would have 8 parking spaces in excess of the minimum requirement. With the Retail Property self - sufficient in parking, the Parking Easement is no longer necessary and the City should authorize its revocation. As you can see from the Interior Plans, there is a new rectangular space inside the Dania store labeled "Warehouse" that is currently being used as bulk retail. By converting this bulk retail area to warehouse use, Dania achieves the square footage numbers used in the parking analysis above. Also, the parking spaces shown on the Parking Plan are not all currently striped as shown. With the City's approval of the parking deviation and authorization for the revocation and termination of the Parking Easement, a1Anlnn 1 • • Ms. Stacy MacGregor November 6, 2008 Page 4 Dania will convert the identified portion of the bulk retail area to warehouse use and will stripe the parking spaces as shown on the Parking Plan. In addition to the matters above, there are a few additional reasons that argue in favor of the City granting a parking deviation and authorize the revocation of the Parking Easement. • Enclosed is a Parking Lot Survey ( "Survey ") conducted over the last three months by Dania employees. In accordance with the discussions above and as shown on the Plans, the total number of required parking spaces for Dania's Retail Building is 140. As you can see on the Survey, the reality is that the Retail Building never comes close to needing this many parking spaces. The highest single count on the Survey was at 5:00 PM on August 30, 2008, when there were 35 cars parked at the Retail Building. • If the Parking Easement is revoked and terminated, there will still be access rights serving the Warehouse Building on the west side and the Retail Property on the east side. The Access Easement identified in the Commitment (a copy of both are enclosed) establishes a "...reciprocal non - exclusive easement and right of way for a common driveway...." In addition, the Warehouse Building and the Retail Property are owned by related entities and they can establish new access easements if the properties are redeveloped. • Landlord has informed Dania in the recent past of plans to redevelop the Warehouse Building. Acknowledging the conversion of the Southcenter area to more retail use, these plans included a substantial reduction in the size of the Warehouse Building. This is to provide for an increase in parking in order to keep the western Warehouse Building self - sufficient in terms of parking even if it is converted to retail use. In summary, Dania believes the parking deviation should be granted. Dania will reconfigure its interior improvements to convert the identified bulk retail space to warehouse use and will strip the parking spaces as shown on the Parking Plan. With all that, Dania respectfully requests that the City authorize the revocation and termination of the Parking Easement. I would appreciate an opportunity to discuss this matter with you. Please contact me to let me know what would be convenient for you. Of course, please also do not hesitate to contact me if you have any questions. Very truly yours, Roy Swedstedt 9140700.1 • • Ms. Stacy MacGregor November 6, 2008 Page 5 Enclosures Cc: Erling Eide David Kehle Creighton Mills, Esq. 9140700. I N. Form WA -5 (6/76) Commitment Face Page • File No.: NCS- 363989 -WA1 COMMITMENT FOR TITLE INSURANCE Issued by ' FIRST AMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall 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 the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Tit /e Insurance Company By: President Attest: Mica, fit - 42-a'9'-z-- Secretary By: . Countersigned First American Title Insurance Company Form WA -5 (6/76) Commitment �sT A�igk�C a• First American Title Insurance Company National Commercial Services 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 (206)728 -0400 - (800)526 -7544 FAX (206)448 -6348 Mike Cooper (206)615 -3107 mcooper @firstam.com To: Andover Company, Inc. 415 Baker Boulevard, Suite 200 Tukwila, WA 98188 Attn: George Rockwell SCHEDULE A 1. Commitment Date: July 30, 2008 at 7:30 A.M. 2. Policy or Policies to be issued: Standard Owner's Coverage Easement Coverage Proposed Insured: To Follow File No.: NCS- 363989 -WA1 Page No. 1 Vincent Nguyenpham (206)615 -3267 vnguyenpham©firstam.com File No.: NCS- 363989 -WA1 Your Ref No.: 1251 Andover Park West AMOUNT PREMIUM TAX $ To Follow $ To Follow $ To Follow $ 40.00 $ 3.60 3. The estate or interest in the land described on Page 2 herein is Fee Simple as to Parcel A and Easement as to Parcel B, and title thereto is at the effective date hereof vested in: TRI -Land Corporation, a Washington corporation 4. The land referred to in this Commitment is described as follows: The land referred to in this report is described in Exhibit "A" attached hereto. First American Title Insurance Company Form WA -5 (6/76) Commitment EXHIBIT 'A' LEGAL DESCRIPTION: PARCEL A: File No.: NCS- 363989 -WA1 Page No. 2 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 01 °51'39" WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER A DISTANCE OF 1,003.74 FEET; THENCE NORTH 87 °55'02" WEST A DISTANCE OF 30.00 FEET TO THE WEST MARGIN OF ANDOVER PARK WEST AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 87 °55'02" WEST A DISTANCE OF 270.00 FEET; THENCE NORTH 01 °51'39" EAST A DISTANCE OF 272.50 FEET; THENCE NORTH 87 °55'02" WEST A DISTANCE OF 440.70 FEET; THENCE SOUTH 01 °51'39" WEST A DISTANCE OF 553.89 FEET TO A LINE 36 FEET NORTH OF THE CENTERLINE OF SOUTH 180TH STREET; THENCE SOUTH 87 °50'09" EAST ALONG SAID LINE A DISTANCE OF 685.17 FEET; THENCE ALONG A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS WEST 27 °26'23" WEST HAVING A RADIUS OF 50.00 FEET, AN ARC DISTANCE OF 52.97 FEET THROUGH A CENTRAL ANGLE OF 60 °41'58" TO THE WEST MARGIN OF ANDOVER PARK WEST; THENCE NORTH 01 °51'39" EAST ALONG SAID WEST MARGIN A DISTANCE OF 238.66 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE WEST 250 FEET THEREOF MEASURED AT RIGHT ANGLES TO THE WEST LINE THEREOF; PARCEL B: AN NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS A STRIP OF LAND 50 FEET IN WIDTH DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO 186 CORPORATION BY DEED RECORDED NOVEMBER 10, 1971 UNDER RECORDING NO. 7111100109; THENCE NORTH 87 °55'02" WEST A DISTANCE OF 660.70 FEET; THENCE SOUTH 01 °51'39" WEST PARALLEL TO ANDOVER PARK WEST A DISTANCE OF 50.00 FEET; THENCE SOUTH 87 °55'02" EAST A DISTANCE OF 930.70 FEET TO THE WEST MARGIN OF ANDOVER PARK WEST; THENCE NORTH 01 °51'39" EAST ALONG SAID WEST MARGIN A DISTANCE OF 50.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT OF LAND CONVEYED BY RECORDED NOVEMBER 10, 1971 UNDER RECORDING NO. 7111100109; THENCE NORTH 87 °55'02" WEST ALONG THE SOUTH LINE OF SAID TRACT OF LAND A DISTANCE OF 270.00 FEET TO THE POINT OF BEGINNING. First American Tide Insurance Company Form WA -5 (6/76) Commitment File No.: NCS- 363989 -WA1 Page No. 3 SCHEDULE B - SECTION 1 REOUIREMENTS The following are the Requirements to be complied with: Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (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 excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges /costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. First American Title Insurance Company Form WA -5 (6/76) File No.: NCS- 363989 -WA1 Commitment Page No. 4 SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Tukwila is at 1.78 %. Levy /Area Code: 2340 For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. General Taxes for the year 200 Tax Account No.: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: 8. 352304 - 9103 -05 $ 52,394.87 $ 26,197.44 $ 26,197.43 $ 2,574,500.00 $ 2,590,800.00 3. Easement, including terms and provisions contained therein: Recording Information: August 19, 1929 under Recording No. 2554741 In Favor of: The Pacific Telephone and Telegraph Company, a California corporation For: Erecting, operating and maintaining poles, with the necessary wires, cables and fixtures thereon Affects: as described therein 4. Easement, including terms and provisions contained therein: Recording Information: November 15, 1934 under Recording No. 2829202 In Favor of: For: Affects: Fred 3. Mess and Walter Mess Drainage ditch as described therein 5. Covenants, conditions, restrictions and /or easements: Recorded: Undisclosed Recording No.: 6572225 6. Easement, including terms and provisions contained therein: Recording Information: April 7, 1972 under Recording No. 7204070141 In Favor of: City of Tukwila, a municipal corporation For: Utilities with the necessary appurtenances Affects: as described therein First American Title Insurance Company Form WA -5 (6/76) Commitment File No.: NCS- 363989 -WA1 Page No. 5 7. Easement, including terms and provisions contained therein: Recording Information: December 19, 1973 under Recording No. 7312190673 In Favor of: Oregon - Washington Railroad & Navigation Company, an Oregon corporation, and Union Pacific Railroad Company, a Utah corporation For: Construction, maintenance and operation of a lead tract Affects: as described therein 8. Easement, including terms and provisions contained therein: Recording Information: December 19, 1973 under Recording No. 7312190674 In Favor of: City of Tukwila, a municipal corporation For: Utility mains and lines with the necessary appurtenances Affects: as described therein 9. Easement, including terms and provisions contained therein: Recording Information: December 21, 1973 under Recording No. 7312210549 In Favor of: Union Pacific Railroad Company For: Railroad Affects: as described therein 10. Easement, including terms and provisions contained therein: Recording Information: July 12, 1974 under Recording No. 7407120473 In Favor of: Sammamish Commercial Company Incorporated For: Utilities Affects: as described therein 11. Easement, including terms and provisions contained therein: Recording Information: June 22, 1976 under Recording No. 7606220139 In Favor of: Mesabi Western Corporation, a Minnesota corporation For: Underground utilities Affects: as described therein 12. Easement, including terms and provisions contained therein: Recording Information: October 18, 1977 under Recording No. 7710180747 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Electric transmission and /or distribution lines Affects: A right -of -way 7 feet in width within the west 60 feet of the north 20 feet of the south 310 feet of the subject premises 13. The terms, provisions and easement(s) contained in the document entitled "Non- Exclusive Easement Agreement" recorded June 1, 1984 as Recording No. 8406011037 of Official Records. First American Title Insurance Company Form WA -5 (6/76) Commitment File No.: NCS- 363989 -WA1 Page No. 6 14. Easement, including terms and provisions contained therein: Recording Information: August 7, 1984 under Recording No. 8408070516 In Favor of: Puget Sound Power & Light Company, a Washington corporation For: Underground electric transmission and /or distribution system Affects: as described therein 15. Easement, including terms and provisions contained therein: Recording Information: August 7, 1991 under Recording No. 9108071356 In Favor of: Pacific Northwest Bell Telephone Company, a Washington corporation, its successors and assigns For: Underground communication lines, conduit and above ground cabinets Affects: as described therein 16. Easement, including terms and provisions contained therein: Recording Information: November 30, 1995 under Recording No. 9511300497 In Favor of: City of Tukwila, a Washington municipal corporation For: Sidewalk easement Affects: as described therein 17. The terms, provisions and easement(s) contained in the document entitled "Reciprocal Easement Agreement for Ingress, Egress and Parking" recorded July 2, 1996 as Recording No. 9607020313 of Official Records. 18. The terms and provisions contained in the document entitled Street Frontal Improvement No- Protest Agreement, executed by and between Jack Link and City of Tukwila, recorded March 13, 1997 as Instrument No. 9703130975 of Official Records. 19. Evidence of the authority of the officers of TRI -Land Corporation, a Washington corporation, to execute the forthcoming instrument, copies of the current Articles of Incorporation, By -Laws and certified copies of appropriate resolutions should be submitted prior to closing. 20. Title to vest in an incoming owner whose name is not disclosed. Such name must be furnished to us so that a name search may be made. 21. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. First American Title Insurance Company Form WA -5 (6/76) Commitment INFORMATIONAL NOTES File No.: NCS- 363989-WA1 Page No. 7 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Ptn Sec 35 Twp 23N Rge 04E NE Qtr, NW Qtr APN: 352304- 9103 -05 D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B First American Title Insurance Company Form WA -5 (6/76) Commitment First American Title Insurance Company National Commercial Services COMMITMENT Conditions and Stipulations File No.: NCS- 363989 -WA1 Page No. 8 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 a 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 or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure 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, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any daim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. First American Title Insurance Company Form WA -5 (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information File No.: NCS- 363989 -WA1 Page No. 9 In order to better serve your needs now and in the future, we may ask you to provide us with certain Information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal Information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your Information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, Including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty Insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have Joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal Information about you to those Individuals and entitles who need to know that Information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation - All Rights Reserved First American Title Insurance Company 4111_ _ �;¢y CORPORATE ;;� Real Estate Inc. Commercial Real Estate Brokerage April 13, 2006 auc•wc: ar •:vm+ ,WOE 7. «.m::a IN, :r:• > -, .c..a<w a'a.,• Mr. Erling A. Eide President DANIA INC. 2250 South Mc Dowell Extension Petaluma, California 94954 Dear Mr. Eide: Please allow me to introduce myself as the Real Estate Broker who has represented the commercial real estate portfolio for Mr. William E. Boeing Jr. We have worked closely with Mr. Jack J. Link in Mr. Boeing's office and have Exclusively Represented this account starting in 1974 for over 32 years. I initially represented Mr. John Sandstedt in the Build -To -Suit transaction for Beebe & Runyan, out of Omaha, Nebraska. The reason we have not met is because at that time we were not involved with any of the Subleases or Renewals. As time progressed, we became more involved doing renewals, subleases, retrofitting older space and the new development of Office, Retail and Industrial Parks for Mr. Boeing and his estate. Which brings us today. At the direction of Mr. Boeing and the Trustee's of the Estates, we have begun selling portions of this real estate portfolio allowing for more flexibility in the estate. Last year we sold approximately 706,649 square feet, which included four buildings in Aldarra Corporate Park, the Aldarra Distribution Facility and two, 3.5 acre parcels including plans for the development of four building For Sale or Lease. Last month we recently closed on approximately 324,403 square feet which includes the neighboring four buildings know as Project 293 & 294 and Project 425 & 426. As you are probably aware we have recently completed the tilt -up panel repairs, painting of all six buildings along with minor repairs that we found were necessary to be completed. This cost as explained to Mr. RoySwedstedt exceeded $1,500,000 and we still need to complete the code seismic requirements necessary for all six buildings. None of these cost were pro rated back to any of the Tenants for their participation. In regard to the Dania Building and the Fidelity Building (Dania's warehouse), we have analyzed the current situation and past considerations and have arrived at an alternative that might benefit all parties and yet allow the owner with an opportunity to return these developments to market value. EXISTING PROBLEMS: • Inadequate warehouse, retail parking and access. stripped and enforced by the city it would be buildings. • Limited access to the Fidelity warehouse due to becoming a non - marketable asset. Although it currently has to stretch to meet code if questionable and further preclude access to the the parking overlay has resulted in the warehouse The site does not include parking for the Sansaco retaillwarehouse space in the Dania Building. 1000 Second Avenue, Suite 3650 • Seattle, Washington 98104 -1079 • (206) 447 -0444 i iiiMr. E. A. de ,', April 13, 2006 Ei i ii,1 Page 2 PAST CONSIDERATIONS: Dania's current consideration to convert the Fidelity Building to an outlet center will not work, since it will further exasperate the parking requirement for code parking. Although additional parking addressed in the Third Amendment to the Lease relative to using the interior of the building for parking, it is the owner's opinion that the city will not allow this to happen nor is the owner in favor of allowing parking within the building do to the close proximity of the column spacing, and objections from the insurance company of having vehicles containing gas inside the building. SOLUTION: • Reduce the size of the Fidelity Building from 67,500 square feet to either 40,950 or 37,500 square feet to meet either bulk retail or pure retail space, thereby creating space that will be acceptable to a tenant to lease the remaining available building space. In addition this will also accommodate the proper parking for Dania's Retail Center. • Cancel the existing Dania /Fidelity warehouse Lease, allowing Dania out of the remainder term on their Lease. • Restructure the existing rent in Dania Lease at the corner of Andover Park W. and S. 180th Street, to more current market rates. This can be done on the basis of the remaining term only or additional term can be reviewed, providing market rents are met which is not the current situation. BENEFITS: • Dania's visibility to Southcenter Parkway will be improved approximately 255 or 272 feet depending on the redevelopment plan chosen. This measurement is from the curb at S. 180th Street to the revised south elevation of the new building front. As most of this view corridor is parking for the Multiplex Theater, it is very doubtful that this is going to change in the foreseeable future. • The tenant that will be leasing the remaining available space in the Fidelity Building will probably be like another major retail big box anchor, which will make the finished project appear as though it is a very large Power Center that merely continues around the corner of Southcenter Parkway along S. 180th Street to Andover Park W.. • Additional Signage would be available to the west visible to the major home improvement street in Southcenter. • Neighboring tenant will be a retailer that should increase the identity and image for both tenants. • A much improved parking lay out with better access to the Dania Store. In order to help facilitate a better understanding of how this would work, I have included copies of the two alternatives that are under consideration. We have not taken any steps to further this until you have had the opportunity to review what we have asked of our architect. His instructions were to take the areas used as warehouse, retail either bulk or straight retail and design a proper parking area for both the buildings that meets City Parking Code. We are in recognition of the Lease documents and Amendments as they currently exist and we are not suggesting that they be modified without giving you justification to do so. Although the owner may well consider reducing the size of the Fidelity Building to help better everyone's position, everyone will have to Mr. E.A.Eide April 13, 2006 Page 3 participate in order for these costs to be recovered. This is not impossible nor is it out of reach to be accomplished. We are very interested in and value your opinion as to whether or not this adds any value to your retail center. It is our hopes that might be interested in pursuing further discussions as to how and when this can be achieved. If you have any questions as to any aspects of this alternative, please fill free to call at your convenience. If it would be of any benefit to meet with you in the convenience of your offices to discuss this alternative in person, I would be more than happy to arrange such a meeting. Respectfully yours;'—`\ FJA/cmm cc: W. E. Boeing, Jr. J. J. Link flT • I 1 11TTi11T[3TTHTF' EXISTING WAREHOUSE 87.1100 S.F. �} /iii it 1 l l l l l 1 l 1 1 I.La1I } lF EXISTING SU ILO INC 27.432 S.V. *1 •wrt MS EXISTING BU ILO IRO net • MI EXIST INC WAREHOUSE 14.283 S.F. (*attar OF U66) NEW 571C11ROCW 3.1,183 S.F. ^ '� `Of IST(NG SHOWROOM / 34.75D S.F. \ / \ / \ / \ / \ / X /\ / \ / \ / \ / / / / 4 j___ 't 4 4 t -- -- ----------- ,---- -_ SOUTH 180TH STREET- ----- - - - - -- -- -- RECORDING REQUESTED BY •/ AND:WHEN RECORDED RETURN TO: Snell & .1.§20 Main Sti'eet, Suite 1.2C)0 P.O. . Box 19601 Irvine, California 92714'7', ./ Attn: Creigh6ont. . .". . • 9607020313 • • . ..• •• RECIPROCAL EAOMENS,AdREBMENt FOR INdRB.6Sii:4.GROS AWPING 8 8 5 run., This .RECIPROCAL EASEMENT AGREEMENT;VOR INGRESS,',EGREISAND k PARKING (this "Agreement") is made this W441/ f June, 1996, by and between William E. Boeing,',1i. and:4kst"InterState:Bank of Washington NA, Co-Trustees of the Boeing Oregon Mesabi Trust (individually and collectively, "Boeingand Tri-Land Corporation, a Washington corporation (hereinafter"Tri-Land"). RECITALS A. ,4qeing-Is the record owner of that certaineal • property..,'deScribed on Exhibit "A" hereto (the "Boeing Property"). B. TriA,and40 the,reOrd and beneficial owner of that certain reakprope#y disCribedon Exhibit "B" hereto (the "Tri-Land Property") 4 TheBioping'Property and the Tri-Land Property are hereinafter collectively,referred to as the „ .: ..... ....:,,. .. : .:. ,.:, "Properties". . :• :..-. . , . . .., C. Boeing and .Tri'.-Land areentering,'dnto this Agreement to create certain reciprocal easementstO burder-Gtheir Properties in favor of the other for ingress, egress and parking in and to the driveways, sidewalks, parking lots and/Comthon_areas of the Properties (hereinafter, the "EasementArea".) . D. The purpose of this AgreeMentAs.:.tosatiSfytheparking requirements of the City of Tukwila, WaShingtOnheCity" in connection with the construction of certain .imprOveMents On.the.,..,. Tri-Land Property by providing sixty-two (62) parking Ofi . - . , the Boeing Property to meet parking requirementSyforbuSinesses located on the Tri-Land Property. EXCISE TAX NOT Rg ciu itiEc,, .•,,.:,._• .. .. : .. .. 1 R RSei ,:..,'• ...: i ..:. • COVENANTS 1,--,Grant of Easements. Boeing and Tri-Land each hereby grants-to the other and to the other's tenants, officers, mployes, customers, guests, invitees and licensees a non- / ekclUsiVe reciprocal easement upon, across and over the respective sbrtiohp of the Easement Area owned by Boeing and ,Iri.-Land:fOr ingreSs,,egres.6, parking and access over, upon and acrosS the EaSeMentS.rea,4Attached hereto as Exhibit "C" and incorporatedhere0.0oy this rei'arence is a Site Plan of the Properties._The EaSement'Area_of!the Properties are those areas marked with parking ,spaceb, 10a4ngramps, curbs, planters and circulation arr6ws 2. Benefit and Burden.' ..The easements and rights hereby granted and covenants and conditions herein contained with respect to Boeing's Property are appurtenanttolTri-Land's Property and a burdenonfipeing'.S Property, the easements and rights hereby granted aria covenant arid Conditions herein contained with respect to triLLand?s PrOperty'are_appurtenant to Boeing'sroperty and a'burden on ,4"r4-Land's Proparty. The easementrights, covenants and conditiOnsZhe4incdintaine shall run with the land, and shall. inure to the of and be VI binding upon the parties hereto and-thelrreSpeCtiVe Successors '4 and assigns . . „ 04 3, Consideration. The easements granted hereby are mutual 0 and reciprocal and the grant and conveyance by ac party is h in , . . ..._ r. cOnsideration of the grant and conveyance by the other Neither - 0 Rpeinti-nOr Tri-Land may collect, attempt to collect the UP ccil;ection/Of anycharge or fee for access to or through an 41') Easement_ArSa or the exercise of any easement rights granted under this 4. IthiaroveT6n. .1i3Opirig ;and Tri-Land each may, at such party's own Cbst„,and ek:Dene improve the Boeing Property and the Tri-Land Property, eapectively,sublect to the easements granted hereby in any manner cdrieistebt::With the purposes of such reciprocal easementA, proyidecitha (WSUch improvements shall comply with all applibable laws, no s)Acn,.improvements shall unreasonably obstruct any Portion .of an Easement Area or unreasonably impair the continu9us2and unintertUiked use of any Easement Area for the purpoges-:betfOrth in this Agreement, and (iii) there shall be no change'tpe number /o-ri configuration of the parking spaces or vehicular CirculatiOnareasjOf'theEasement Area without the prior approval of the 5. Maintenance of Easement Areas.' 5.1 Maintenance and Rebairs. Duringtheiriof„, this Agreement, the parking spaces on both Properties maintained, accessible and available for parking,ark“11 . . . . 2 9607020313 maintenance and repairs, whether ordinary or extraordinary, capital.. or expense in nature, major or minor, of any particular Easerneit..Area and all improvements constructed thereon shall be performed.•by the owner of the property on which such maintenance and repair Work is required, at such owner's sole cost and :?experise; All.such work shall be performed in such manner and at such:' intervals by ..the owners of the Easement Area as shall be .required o at all ::times maintain such Easement Area in a ' beasortable conditicn;;consi,stent with the standards of similar cdhmercial developments 7ocat•ed°•..within the immediate market area. • Unified•....Operatiiin•: .':Boeing and Tri -Land shall each perfdrm their .;mai;ntenanc4 and. repair obligations under the foregoing Paragraph 5,1, insofai`' as it is possible, in such manner as to establish, xtiain'ti n and present, both in appearance and i n fact, a coordinated and unified., .operation of the Easement Area and further, •not .:in ;s uch manner as.. will.;' (i�) increase or make more burdensome the respective c.osts1 and ekpenses or obligations of the other..; said owner;�''ir performing their maintenance and repair obligations;: pursuant to such Paragraph, or (ii) impair the efficient and orderly management -•°and operation of the property covered by such Easemertt:..Area and/the inprovernents thereon-. „ 6. ,:'Taxes and Insurance. Boeing:; and Tri -Land each' shall pay the .propperty taxes and assessments applicable:` to::° their respective ;:portions of the Easement Area 'Boeing and ;:Tri' -Land shall obtain and at all times maintain an iiisurance'policy or policies.:insuring"Boeing and Tri -Land against 1tab:il_ity/ for ihjury.,,,or death of persons or damage to propertyrsing out of the. use, operation... and maintenance of the Easement Area on their respective' P:ropert.ies', such insurance to be in a sum of not less than bn'e' Million po1IarS• and. 00 /100 ($1,000,000.00) combined single limit with respect to :.injuries to or death of persons and with respect., to desruct•on o::f or damage to property. Upon Boeing's or Tri-L•and's:requesti the other party shall submit written evidencf that ;such insurance, policy or policies are in effect. 7. Right to Cu e.:••' If either $'oeing :or Tri -Land shall fail or refuse to perform any of their respective obligations or duties as set forth in this:. Agreement., and if :such failure or refusal shall continue for Thi..rty .:(30•) Aay0 after Boeing or Tri -Land, as the case may be, receives.:�wri.ttew :notice thereof from the other party hereto (unless'; within :such Thirty -.•..•.(30) . Day period, Boeing or Tri -Land, as the "case May, be bas commenced and is diligently pursuing the performance of the; obligation or duty specified in such notice) , then the party giving ,such written notice shall have the right, but not the obligation::; t.o perforr or pay the obligation or duty that the other,party`heretphas failed or refused to perform or pay, and, in connection, . therewith, each party hereto grants to the other,.:and, their: 3 • respective agents, employees and independent contractors, full :right.-,on, to and from their respective easement areas for the putpbses_of performing such obligations or duties. All costs and eXpens:6S incurred by Boeing or Tri-Land, as the case may be, in ,eonnection. with the performance of such other party's obligation /or dUty plus_Ten Percent (1090 of the total thereof for overhead . •.. -,-' andSuperyisibn,shall be repaid by such other party within Ten (10.) Days after demand/tO4pther with interest thereon at the rate of Ten Percent 41) per annum from the date of demand until repaid.. •• . , il ,.: ..... „ ,,: , ‘,.. :. •..., B. 'Realonalt.le Care; 'Boeing and Tri-Land shall each exercise reasonable . care 4n the use and enjoyment of the Easement Area and in',,exercibing any ofAts„respective rights under this Agreement. Boeing and Tri-Laild shall not utilize portions of the otheil-'s propertypther than the asement Area without obtaining the prior written-apprOVaVof'theAther, which approval may be withheld in the sole discretion of such Other ,oWner ..•. ,,;• .,.. .4 . ..,, . 9 Tenanta. BoeingandTri.-Landap4(nwledge and agree that each of them may have atepant or tenants at their ,. respectiVe,,,properties (the "Tenantand that the Tenants rMy in turn be responsible under their4ease?fOrjthe'llerforMance and (.1 payment of certain of the obligations' of Being -an4 Ti i4and ri hereunderincluding, without limitatio, *der Paragral4s 4, 5, CI 6, 7/and:/8 'Abc0e. Boeing and Tri-Landeac4 shall, to the /extent 0 the;oblkationS of the other under this AgreeMent areSatdsfied, CI accept such performance and payment by the Tenants; 12 I • . • , , •• •, •• „ . • „ .•••.• • , .. • •. .• .. Term Theterm of this Agreement and thecoVenants, ..0 easements,rightsand conditions herein contained Shall remain in CD forte until,:amended Or revoked in accordance with the CI requirementS of t,his:!Parigraph 10. Boeing or Tr.-Land may amend or revoke thiSAgreement and the covenants, easements, rights and conditions Containedhern by recording in the Office of the County Recorder of 1.0.r4 CtitATItyi Washington, an instrument in writing reciting suthamendMent or revocation, bearing the acknowledged signatures of the partiekhereto, or their successors and assigns; provided, however, that neither Boeing nor Tri-Land may revbisq_phio. AgreeMent**.he covenants, easements, rights and conditionsontainedherein unless (i) the leases (and any extensions or aniendfilentsereto.)-,between the parties hereto and Dania, IncwTa Washington corporation, that currently encumber the Properties:hveeach expired and/or otherwise been terminated and (ii) theCity.authorizes,,such revocation, which authorization shalbejbaSedupon/changes in use at the Properties which result in thisjAgreeMentand the easements granted hereunder no longer being needed tOmeet the . . . . . . I I ' • . .1 , , parking standards of the City. . . 11. Subsequent Conveyances. Deeds, leases or Other: . . conveyances of either of the Properties, or any part or parts ... .•..:. .. . ...,.‘,„ ..• :., 4 • •• • • • • • • . . . • ,-. . . . . . „ ..' : • . . , , . . • • :thereof, may contain the covenants . , easements, rights and • con4tions herein set forth by reference to this Agreement; but, / regarcqess of whether any such reference is made in any . . , i,hstruMentof conveyance, each and all of the covenants, .,eaSements, rights and conditions herein set forth shall be binding upOn t.he,respective owners, grantees, lessees, and their • heirs,*xetutors,adminiptrators, successors and assigns. Sever4biii0t. Invalidation of any one of the covenants, eiseMents rights,,Orconditions, or any part or parts the-,-eof, shall not affect arty otfthe other covenants, easements, rights orconditiOn$, griany part or parts thereof, which shall remain in full Verge and effect IN WITNESS WHERt0F,:!'the-.partes have executed this Agreement on the day Of June :; 19961 • BOEI G: OEING, JR., co-tseef the Boeing OregonMesabiT st FIRST INTERSTATE BANK OF WASHINGTON.; NA, co-trustee of the Boeing Oregon.-Mesabi By Name 1011./J. Its: '''RI-LAN-De CORPORATION, . 'washing:ton' cdrporat.io a elm s.A. co, -rtiAk..s.e-e._ 5 q607020313 • • ..,...STTE'-OF WASHINGTON • • aINTY-OF KING ) ss . r O i kr. On t!IALt€ . bfore me, A: ()CO C0 klt a. Notary .Public, personally appeared WI Ct(Ceu./ tSoekL:c5,1-1, personally knowzi to (or proved to me on the basis of satisfactory evidence) td,be the:person(s) whose name(s) is/are subscribed to"the. within instrument and acknowledged to me that he/she/they executed the same in hi/her/their authorized capacity(1es) that by hi/hr/their signature(s) on the instrument the person(s); or 'the entity upon behalf of which the person(s) acted, executed the instrument. Vis CO 3 0 %%%% 0 lit Q • # WITNESS my hand andpfficia; seal: STATE OF WpiSHINGTON COUNTY -1:5 KING ' • '.:.; ,.i( • • • Al■ • • .07 cw...t*Ivt,A7avrote.g..... V% vkNVO • • .• on "Tt(ie::: 24 (.:?;" before me, out 1,0 LA-14f a Notary Public, persoilally appeared To, C.(j re personally known to'me (oproyed to MeCih,,the basis of satisfactory evidence) .:,,t6 be the persons) !',whose name(s) is/are subscribed to the within instrilmentand a6knoW:ledged to me that he/she/they executed the same in hia/her/theiratthorized capacity(ies), and that by his/her/their signatur0s) on the instrument the person(s), or the entity upbn.501alf of which the person(s) acted, executed the instrument j WITNESS my hand and official seal4 •••• frog 0 ie 1,1 &CIA (A)) Cibriiini' (Seal) ,.. Signature 6 '1■.:. %%% ..'" .:* ' "•e; #::. %%%% • STPsTE •:OF WASHINGTON COUNTY ;'OF 'KING 0 • ss. op \)(,, e. ._l.9.1 •.....before me, pc L( tt) Cc 1.4..(._t 'a, iotary.rPubl.ac;': personally appeared 7c.<clC L ( t-k v persona ly kriowli to ;rne (orpz•o"•red, to me on the basis of satisfactbr evidence) to be the'pe,rson(s) whose name (s) is /are subscribed to 'the w thin._ 'nstr..urt erit . °;'and acknowledged to me that he /she /they executed the ,.same `in 't is /her /their authorized capacity {ies•�.:.,. 'and: that by hisi%he.r /their signature (s) on the instrument the person(s) or.'".-the entity upon behalf of which the person (s) acted, .::...executed the ::a.nstruRte.nt . WITNESS my hand and Off;icial:* seal. COQ • +1 .(Se l)/% � • • • • ... • - 7� .04, f • il4, Y+ = r.,, o ,,, On , before a Notary Public, personally appeared personally known to `.me (or;. :.proved to me :On.. the basis of satisfactory evidence$:,:,, to be• the person:(s),,; whose name (s) is /are subscribed to the within instrii.ment and acknowledged to me that he /she /they executed the same in his /trier /•theirauthorized capacity(ies) , and that by his. /herftheit: signatures) on the instrument the person (s) , or th:e. entity: upon ;behalf of which the person (s) acted, executed the instrument . ; • WITNESS my hand and official seal. Signature 7 9607020313 EXHIBIT "A" Legal Description of Boeing's Property • • • • • •• •• • • • .,• • • .• •1 •, •• .• 1 • • • •, .,• • • • •. •. ,• • 9607020313 EXHIBIT A The West 250 feet measured at right angles to the west line of the following described-property: That portioq of theA4forthest quarter of the Northeast quarter of Section.15,ToWnship 2) lityrih, Range 4 East, W.M., in King County, 'Washington described 'As follows: . . . . Beginning at the Northeast corner ..of the :Northwest quarter of the Northeast quarter of said Section 35; thence South 01°51'39"West:along the East line of said North- west quarter of the -Northeast quarter.a.distance of 1003.74 feet; thenbe North 87°55'02" West a,distanCe:o00.00. feet to the West margin of Andover Park. West and the true Point Of beginning; thence 4intinuing North 87°55.'A2" West a_distance of 270.00 thence North 01°51'39" East a distance' of-272.5b feet; thence North 87°55'02" West a distance of .440.7O Ieet; : thence South 01°51'39" West a distance :of 553.89 feet to a line 36 feet ,North of the centerline of —South I80th Street; thence South 87°50'09" East along said line.iadistance of 685 17 feet• - thence along 4 curve to the left, the center of which bears West- 21.'26123 ." West-hay.ing a raduis of 50.00 feet, an arc dis- tance of 52.97 feet through a central angle of 60°41'58" to the West margin'of.?Andover Park West, thence North.A1'51'39".Eist along said West margin a distance of 238.66fiet to the true point of beginning. Washington. ... Situated in the.City of.Tukwila,County of King, State of . . • •• .• , . •• •• .• • • •• •• • • • • EXHIBIT "B" Legal Description of Tri- Land's Property 9607020313 9607020313 • • • That ntirtion . of the Northwest _quarter of the Northeast quarter of Section 35, Township 23 North, Kahle 4 East, W.M., in King County, Washinoton described asJoiltvwA: Beginning at the flortheist'Cornerofth'e northwest quarter of the Northeast quarter oT saiCSection‘q51., thence South 01°5139? WeSt al0n4 the'East line of said Northwest quarter of the Northeast quarter a distance of 1003.74 feet; thence NOrth 07°55'02 West a:distance. of 30.00 feet to the West margin of Andover Park West and the true _point of beginning; thence continuing North 8144502" .West :i distalyde, of 270.00 feet; thence North 01°51'39" East a clistance.of 272.50 feet, thence North 137°55102" West a distance of 410:70'fotIl'.... • thence South.'01°51'39" West a distance of feet to .,a lipe36 feet North Af the centerline of 5nutil 'Stroet ; thence South 87°80'09" East along said line a diAt4nce.'of'69507 feet; thence alting/i curve to the left, the center of which bears West 27°26'23? West having a radius of 50.00 feet, an art dtstance of 52.97 feet througiva central angle of 60°41158"t1ta the 'West. margin of Andover Park West; thence North 01°51439" tast'along said West margin a tiStdnce of I .• 238.66 feet to the true point of beginning. ; TOGETUER WITH A' non...ex.cluSive easement for ingress and egress aver and acrois.A,itripOfiand 50-feet in width described as follows: • Beginning at the. SOuthwest torher.of. that certain tract of land con- , veyed to 186 corporation hy.deed recorded under Recording No. 711110-0109; thence North 87°55'02" West,a distance of 660.70 feet; thence South 01°51'39" West parallel to Andover Park West a distance of 50.00 feet; thence South 87°5502" East-a distance of 930.-70 feet to the West margin of Andover Park West; ' thence North 01°51'39" East along said West .margin a distance of 50.00 feet to the Southeast corner of said tract of land-conveyed by Record- ing No. 711110-0109; thence North 117°55'02m West along the South line of said tract of land a distance of 270.00 feet to the point of beginning;,- EXCEPT the West 250 feet thereof measured at right angle to the • West line thereof; • Situate in the City of Tukwila, County of King, State of Wdahington. • • 9607020313 •••• , . • • . , • • rt (1) w *ort X 1-1 fa, Uzi 1-4 A) (i) CD rt .' • • • • .• •• • • CTC07.04096 „ • amm, .•• CDA 1' • • • ••••• • • 11 R simirmissu ox-rls caadas, Z.= 6111, SEIM411 =1 • ' , failLT • CUOZ0/...096 v, A1- *NM A1 • • IiJ LOCATION: PROPOSED ZONE PROPOSED USE: SITE AREA: BUILDING AREA: FURNITURE e-4 WAREHOU SE 1251 ANDOVER PARK W. 'TUKWILA WA. 98188 CM -INDUSTRIAL PARK Irl:FURNFURE RETAIL 715 ACRES ...•••• • 57.922 SF SF C:) TOTAL 0 NSITE COVERAGE: 0 .. •-...,.,..,,,,-• .,,,--,,„.. • ,,,. P ARKIN G RE OUIRED: ::•:.r.,.. • .. • • ..,. . •,,. CT) FURNITURE ( 1 STALL/406 ,..-SF, . WAREHOUSE (1 STALL/O00 SF 'TO TAL PARKING PROVIDED: • .. COMPACT STALLS .-.(8'x 6 DEEP), FULL SIZE STALLS (9x19 DEEP) ........ BARRIER FREE ...tint.: VAt4 ACCES.1•Y TOTAL: .1:39.685 SF 43% TENANT 145 .21 82 . 17. 227 . 38 60 160 7 227 NOTE: MAX 30X COMPACT STALLS ALLOWED (68). • ••• , „ , , . • "•-• CONSTRUCTION TYP. n N 0 38 0 38 ••-. • EXISTING DATA BUILDING AREA: .:•clE. N Al• FUR NI TURE • WAREHOUSE 3/4, , TOTAL • P RKING REQUIRED: 1:•,.:STALL/400 SF ) • "••WAREROUSE ( .,,'STALL/1000 SF) '" 21 38 PARKIN VIDED: „FULL „,SIZE STALLS (9'x1 DEEP) 38 6,500 SF 20,932 SF 27,432 SF TOTAL 38 FULLY SPRINKLED 8406011037 RECORDING, RETURN TO: JOEL bENOLIE 5601 Sixth South Seattle, WA 98108 NON - EXCLUSIVE EASEMENT AGREEMENt PS.4i0E "Ui i110t' 0 RECD F B.00t This Agreement is made and entered into as of the • 198S, by and between JACK A benaroya COMPANY, Washington corporation ( "JABCO" ) and MESABI WESTERN CORPORATION, a Minnesota corporation ( "MESABI "). r ..•. WHEREAS, JABCO is the owner of that certain property more fully' described on Exhibit "A• which is attached hereto and by this reference is made part hereof; and WHEREAS, MESABI is the owner of that certain adjoining property more fully described on Exhibit "B" which is attached hereto and by this reference is made a part hereof; and WHEREAS, JABCO and MESABI desire for their mutual benefit to establish a common driveway for purposes of non - exclusive ingress and egress to and from their respective premises. NOW, THEREFORE, in consideration of the covenants and promises contained herein and the benefits to be derived by the parties hereto, it is hereby mutually agreed as follows: 1. JABCO and MESABI do hereby grant to each other and their respective successors, assigns, tenants, and invitees, a reciprocal non - exclusive easement and right -of -way for a common driveway over, across and upon that certain piece of property (the "Easement Property"), more fully described on Exhibit "C ", which is attached hereto and by this reference is made a part hereof. 2. All Fosts of constructing and maintaining said easement and driveway shall be JABCO's sole responsibility; provided that MESABI shall pay for any damage which results thereto due to the negligence of MESABI, its agents, employees, tenants or invitees. 3. Each party hereto agrees that it will not obstruct or interfere with the reasonable use by the other of the Easement Property or the non - exclusive rights granted herein. 9. In the event that MESABI, in its sole discretion, determines that the full enjoyment and use of its proerty, as a result of a change of circumstances, warrants the termination of this non- exclusive easement agreement including, 84G6011037 r but not limited to, redevelopment. termination of rail service or a need for additional parking to serve its property, then, upon sixty (60) days written notice to JABCO of such termination, this agreement shall be automatically cancelled and forever terminated. MESABI shall be responsible for all improvement costs resulting from such termination which are incurred to reestablish the identity of JABCO's property line. 5. This Agreement shall not convey to or vest in the public any rights of ingress or egress over, across or upon the Easement Property. 6. This Agreement is a mutual covenant running with the land in favor of, enforceable by, and binding upon, the parties hereto and their respective successors, assigns and representatives, including without N limitation, all subsequent owners of the properties described on Exhibits °A° and B. respectively, and all persons or entities claiming through or under 3 them. 7. This Agreement shall take effect and be in full force and effect when executed by the parties hereto. JABCO shall record a copy hereof. JACK A. BENAROYA COMPANY, a MESABI WESTERN CORPORATION, a Washington corporation Minnesota corporation- -2- STATE OF WASHINGTON ) ) ss. COUNTY OF KING • On this day of jff , 1984, personally appeared before me JOEL BENOLIEL, to me known to be the Vice President of JACK A. BENAROYA COMPANY, . the corporatbn that executed the within and foregoing instrument, and acknowledged to me that he was authorized to sign the same on behalf of the corporation as its free and voluntary act and deed for the uses and purposes therein mentioned. r ( I i `ti C') tQ WASHINGTON, residing at rl v I STATE OF WASHINGTON ) COUNTY OF ICING ) ss. ) On this / Aiday of , 1984 , Personally appeared before before me William E. Boeing, Jr. to me known to be the Chairman of the Board of the corporation that executed the within and foregoing instrument, and acknowledged to me that he was authorized to sign the same on behalf of the corporation as its free and voluntary act and . _ for the uses and _._ therein mentioned. 0 Washington residing at .' /c$ - _ I '1111!11 .t Itl&I 1'nr1I(!. U1 1111 .40.-1,w1.,1 QUAKtt'a t11 1HI N(lt11/EAS1 OUAPTER AH0 111E NIIt 1111 A'.1 L'1IA1111 H (!1 11ti NIIU111w1 S1 t141.11 R 1)F SLE.TIO•1 35. TOWNSHIP 23 N!)' 111. RAN1.1 4 1 AS1. H.`i.. IN KIN(. L11(INIY. wASHI!,GTON. DESCRIBED AS 1(11t11d\: ` 1'.1NN1N;. Al 1111 NI11:111u1 S1 tO.iN. ,. SAM NO' THAI -ST QUARTER OF THE NIrn1H1A'.1 0041;11R; 111tN(1 S0011' 0' 'A•1:" REST ALONG THE aEST LINE OF SA1; N,IRIIIK!SI UUAR1114 (11 111L NORTHEAST QUARTER. A DISTANCE OF 094.47 FEET TO 1mU NORTH 1141 01 1111 S00T11 430 Iti1 Ur SAID NO3THFAST QUARTER OF THE kt'NIHMLSI (I14R11H ANO 1114 11tLIL •'C'iN1 OF PEGIE:\l\G; THENCE NORTH 87'50'57" HINT AWN:. SAID NO1:111 TIN! A DISTANCE OF 177.29 FEET TO A LINE 36 FEET IA \IURLY 0I 111t C1N1!R11NF :7F SDUIHCI%:l1R PARKWAY IFORHERLV 57TH AVENUE \L1U1111; IHENCL St1L'l11 11'.'J'31" CAST A'0' 'AID LINE A DISTANCE OF 322.74 MT; TI4INt:t ALONE: A LtRvt 10 THE L Ei 1 HAt'1VG A RADIUS OF 107.24 EEET..A': AK( DISIA'tLI OF 141.96 FEET 11iRE1U:•H A CENTRAL ANGLE Of T.5'50'36" TO A LINE 1t• FEL1 NE)R1111.RLY 01 THE CENTERLINE OF SOUTH 160TH' STREET; THENCE SOUTH RT'SD'09" (AST ALONE. SAIL LINO- A OISTANCE OF 576.704E0 TO A LINE 740.70 PITT WEST OE 1HE tASl LINE 0►. SA1D NORTHUE51 QUARTER OF THE NORTHEAST. Qi. RTLR CE SAID SECTION V.; THENCE NO T4 01•51'3°" EAST A DISTANCE OF 'iS3.69 FEi•1 10 A 1`PINT $011111 01'51'39" WEST SO.CO FEET FROM THE SOUT'.:EST 1 L14NEA DT 1H1 TRAL . !11E LARD C)NV =Y: D TO n,UC E E. 4t CAN'1. ET AL. BY GEED gtC.010I0 E'NOIR REC(':01.i. 14". .720'7.:0551; THENCE NORTH 87'55'02" KS' 1.1t 1; TIIINLE .NORTH v1 .1• c1" EAST 50.0: FEET; THENCE NORTH . rT• s�•p;'• .:I'Ct A 01S14NCE tic 21e.04 FEET TO A c3INT 140.16 FEET E:.ST CF li•! NISI" L 1Nt 01 111E NORTHEAST QUARTER OF Salt' SECTION 35; T"EA.E SOUTH wi.S1 A OIStA \;t or FEET TO THE NORTH LINE OF THE SO;:T" +'o CtI.1 01 $A1P N.i.thKE.l '',NA:1FR OF THE N''.r.THE_AST QUARTER; THENCE NC2T $7.5012V" til \T A OIsTA41E U` 140.1: FEET 13 THE T1 UE POINT OF BEGI\\;AG. 1 100111;t: w11H A Nl' \r..\ill'SI\: EASmf%T FCa 1NC. S A \` EGRESS OvEC AEC',$\ A 514411' L'1 IAN.' "0 1 ;11 IN K1CT 4 1"'ESCR11 AS FCLLC -S= !'t41NNINi. Al T••: iC:N:44 ;7 THAT CERTA!% TRACT rF L= \: '.' tE't C.J:''AU;i\ ;tY RECoR t \: N. 71111::._ 1HIi\it P'.1' $''•■' :: w;S: . :ISTa\;. ..-i' "E. • THENCE PAAA :L:I T: A \::;:: •:■• 1:'_$7 A d :ST -.zE OF 5:.C3 FEE' li.i h� \:.ty x �. •:. .4st a \:. . SECT IT: THE .TEST 411Z(A:'R PAa; 1•:\' \.':' �: .' " EAS' ►:EST DtCIA \:t 4i N A •: t'. . C_■\cC SA[^ r;-.ACT G. LAN: l':•\\'t;1F1' t'V RG. :■.1\. \; .•.I:. . T•: \. lx . .. S' $V ' 1..;\; I.4\: a . :$74N:E R_E7 IC - 42v •4Ya'.L1iCfGAa.ilk. lt� . � • • EXHIBIT B The West 250 feet measured at right angles to the West line of the following described property: That portion of the Northwest quarter of the Northeast quarter of Section 35, Township 23 North, Range 4 East, W.M.,"in King County, Washington described as follows:. Beginning at the Northeast corner of the Northwest quarter of the Northeast quarter of said Section 35; • thence South 01 °51'39" West along the East line of said North west quarter of the Northeast quarter a distance of 1003.74 el feet; thence North 87 °55'02° West a distance of 30.00 feet to the West margin of Andover Park West and the true point of beginning; il i4 .thence continuing North 87 °55'02" West a distance of 270.00 feeti thence North 01 °51'39" East a distance of 272.50 feet; thence North 87 °55'02" West a distance of 440.70 feet: thence South O1 °51'39" West a distance of 553.89 feet to a line 36 feet North of the centerline of South 180th Street; hence South 87'50'09" East along said line a distance of 685.17 feet; thence along a curve to the left, the center of which bears West Wet ofs52.972feet ' through having a distance 8' to he West margin of Andover Park West; thence North O1 °51'39" East along said West margin a distance of 238.66 feet to the true point of beginning. Situated in the City of.Tukwila, County of King, State of Washington. EXHIBIT "C" That portion of the northwest quarter of the northeast quarter of Section 35. Township 23 North, Range 4 East, N.M., in King County, Washington, lying within a strip of land 20 feet in width, having 10 feet of said width on each. side of the following described centerline: Beginning at the northwest corner of said northwest quarter of the northeast quarter, thence 5 02 °24'12" W along the west line of said northwest quarter of the northeast quarter, a distance of 894.47 feet to the north line of the south 430 feet of said northwest quarter of the northeast quarter; thence S 87 °50'09" E a distance of 140.16 feet; thence N 02 °24'12° E a distance of 209.26 feet; thence S 87 °55'02" E a distance of 218.09 feet; thence S 01 °51'39" W a distance of 50 feet; thence S 87 °55'02" E a distance of 220 feet to the true point of beginning; thence S 01 °51'39" W a distance of 482.00 feet to a point hereinafter referred to as "Point A "; Together with a strip of land 28.50 feet in width, having 14.25 feet on each side of the following described centerline: Beginning at the afore- mentioned "Point A "; thence S 46 °51'39" W a distance of 79.00 feet to a point hereinafter referred to as "Point B "; Together with a strip of land 40 feet in wic'th, having 20 feet of said width on each side of the following described centerline: Beginning at the afore- mentioned "Point B "; thence S O1 °51'39" W a distance of 15.74 feet, more or less, to the north margin of South 180th Street and the terminus of this easement. Adak .a: "m,i+ lk.e�, _+..�.. �_ .n m•:. .a+�� - ..r,. --ice •- r- .+.:....,.<r.0 • EXHIBIT "A" THAT PORTION OF T111; NUa1I•►WFST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER'GF SECTION 35. TOWNSHIP 23 NUkTH. RANGE; 4 EAST, W.M., IN KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID NORTH4EST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 02'24'12" WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 994.47 FEET TO t TOE NORTO LINE OF TNE.SOUTH.430 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE TRUE , POINT OF BEGINNING; THENCE NORTH 87•50,57" WEST ALONG SAIO NORTH LINE A DISTANCE CF 177.29 FEET TO A LINE 36 FEET EASTERLY OF THE CENTERLINE OF SOUTHCENTER PARKWAY IFORMERLY 57TH AVENUE SOUTHII THENCE SOUTH 11'59133" EAST ALONG SAID LINE A DISTANCE OF 322.74 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 107.24 FEET. AN ARC DISTANCE OF 141.96 FEET THROUGH A CENTRAL ANGLE OF 75.50'36" To A LINE 36 FEET NORTHERLY OF THE CENTERLINE OF SOUTH 180TH STREET; THENCE SOUTH (11'30'00" EAST. ALONG SAID LINE A DISTANCE OF 576.70 FEET TO A LINE 740.70 FCET WEST OF THE EAST LINE OF SAID NORTHwEST QUARTER OF THE NORTHEAST QUARTER OF SAIO.SECTION 35; THENCE NORTH 01'51'39" EAST A DISTANCE OF 53).119 MEET TO A POINT SOUTH 01'51'39" WFST 53.00 FEET FROM TAE SOUTY.;EST CORNER QF THE TRACT OF LAND CONVEYED TO 9RUCE E. MC CANt4, ET AL, BY DEED RECORDED UNDER RECORDING NO, 720'1170551; THENCE NORTH 87•55'02" WEST dA0.00 FEET, THENCE NORTH 01'51`39" EAST 50.00 FEET; THENCE NORTH 14145S'02' WEST A DISTANCE OF 21 @.09 FEET TO A POINT 140.16 FEET EAST OF l44(E WEST LINE OF THE NORTHEAST- QUARTER OF SAID SECTION 35; THENCE SOUTH f3'24'12" WEST A DISTANCE OF 209.26 FEET TO THE NORTH LINE OF THE SOUTH 430 FEET OF SAID NORTHWEST QUARTER OF THE' NORTHEAST QUARTER; THENCE NORTH I►1'30'09" WEST A DISTANCE OF 140.16 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A NON - EXCLUSIVE EASMENT FOP INGRESS AND EGRESS OVER AND ACROSS A STRIP OF LAND SO FEET IN WIDTH DESCRIBED AS FOLt..OwS: DEOINWINO AT THE S0UTt44tEST CORNER OF THAT CERTAIN TRACT OF LAND CON EYED TO II1b CORPORATION DT DECO RECOROEO UN MR RECORDING NG. 711110010; THENCE NORTH el` SS'32" WEST A • DISTANCE OF 660.70 FEET; THENCE S3UTH 01 651'39" WEST-PARALLEL TO ANDOVER P.n1 1:;,5T A DISTANCE OF 50.03 FEET; THEME SCOTIA 01•55'O:" EAST A DISTANCE .OF 930.70 FEET TO THE .LEST MAQ iv 04 ANDOVER PARK NEST;. THENCE NORTH 01'S;'3c" EAST ALONG SAID WEST MAPGI`t DISTANCE or x0.11@ 1'l ET T`t THiI SOi4Tl'EA5.T tv^.,zYER OF SAM TRACT OF La C0.'trot EO .DC RECORDING, t\42, T; 1110E31o; THENCE NORTH $7•55102" ►:EST ALON THE SOUTH LINE.0w ca1O TR.ACI OF tA&O .A DISTANCE OF.2 -70.00 FEET TO THE CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan(aci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING ss TRI —LAND CORPORATION The undersigned being duly sworn and upon oath states as follows: 1. 1 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, engin contcac o o representatives the right to enter upon Owner's real property, located at 1251 ANDOVER PART • TUKWILA 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. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at SEATTLE (city), WA (state) on MARCH 10 09 Print Name JACK L. LINK — PRESIDENT Address 1325 FOURTH AVE. — SUITE 1940 SEATTLE, WA. 98101 Phone Number 206-6 -4494 6,€1 Signature On this day personally appeared before me jack L L r t t 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 ON THIS ((7 DAY OF 1 aVe, `` DON W. COOMBS STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 05 -21 -12 P:1Planning ForrnMApplications SPD maor- 6.06.doe eo, (4) NOTARY PUBLIC in and for the State of Washington residing at iveC <evuC My Commission expires on y� - o� ( Zi Decanter 4, 2006 • CITY OFTt/KWt A Depmreir d of Comnrrrnrty Develapmart 6300 Sosithcenter Bourevant( Tbkwrlo, W.4 98/88 Telephone.• (2f16) 431-3670 FAX (206) 031 -3665 E -wroiL ni iplorseici.nskwila.waus AFFIDAVIT 01? OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASH/N. AS GfON COUNTY OF KING BOEING OREGON MESABI TRUST WM. E. BOEING JR. - CO TRUSTEE The undersigned being duly sworn and upon oath states as follows: 1. Imo the current owner of the property which is the subject of this application. 2. All stahnnents contained in the applications have been prepared by me or my agents and arc true and comet to die be of my knowledge. 3. The application is being submitted with my knowledge and consent: 4. Owner grants the aty, its employees, agents, engineers, co,Pfratiots or o p upon Owner's real property, located at 5920 S. 1 oO t h S t A ' - the right to comer for the purpose of application review, for the limited time nceenary to complete that purpo.sc. S. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the privtee u� G during the City's entry upon the property, unless the lass or damage is the result of the sole eeg�,ec ty. 6. Non-responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. FClJimar SEATTLE WA MARCH 10 (ctiY). (race). oo_ 10 Pin*Name WILLIAM E. BOEING JR. - CO TRUSTEE 09 Address 13 S FOEEURTH AVE. - SUITE 1940 rhanerrtm,h -- 2011•2 -'44W94 �81b1 Simian= On din day paronalb wows/ hefhre ez l 1 I 1 (4 W'1 t !j G e (b( a me known to be the individual who oomoted dnr foregping lnsevnscnt and acknowlcdgrd That tteMLE signed de mono voluntary ad and dad for the uses and putpoaes meotlaned therein StfinefOtifftfAtelaghiBIS ggeRE STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 05 -21 -12 ME ON TFBS /0 DAY OP a VC-t t 20 E% T NOTARY PUBLIC in sin for the Some of Washington residing at My Commission expires co 12i CITY OF TUKWILA • Department of Community Development ����� SPECIAL, 6300 Southcenter Boulevard, Tukwila, WA 98188' y; ! 200$ PERMISSION Telephone: (206) 431 -3670 FAX (206) 431 -3665 MMNY E -mail: tukplan@ci.tulcwila.wa.us DEVELOPME T DIRECTOR APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -SP Planner: \-ac_3 4 (YiC>- c__&e_ p (- File Number: Log -co ° Application Complete (Date: Project File Number: Application Incomplete (Date: ) Other File Numbers: - NAME OF PROJECT/DEVELOPMENT: Dania Furniture; Southcenter Parking Deviation LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 1251 Andover Park West, Tukwila, WA (1=24,1-ai1 Rni1 cling ) LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 352304 - 9103 -05 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /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: Address: Phone: Roy SwPd -tP[lt 1350 Wharf Road, DuPont, WA 98327 (253) 912 -2050, x227 FAX: (253) 912 -0415 E -mail: roys @inierli com Signature: 1 4�_ ,� 1,/ November l , 2008 Date: l P:\Planning Forms W pplications\SPDirector- 6- 06.doc December 4, 2006 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 AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF KING The undersigned bein duly sworn and upon oath states as follows: �eriant 1. I am the current4wo~ 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. F6Aupcetion is being submitted with my knowledge and consent. 4. -9wlieigrants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon pee nns' rraq perry, located at 1251 Andover Park West, Tukwila, WA pl�tteapprose of application review, for the limited time necessary to complete that purpose. 5. 44Wlief 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. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund efndd of fees. EXECUTED at /`/ -17vr��0 (city), WA(state), on /2 Print Name Roy Swedstedt 1350 Wharf Rd., DuPont, WA Address o d dr Phone Number (253)k 912 -2050, x227 Signature On this day personally appeared before me ksaY A j cJ e S `rej ct 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 SWO� BEFORE ME ON THIS /Z DAY OF ICI o ✓ o 02 os V /As._ : ,§01• •;.•„! p 1- iris...+ LI - �-.P_� 1 AR y '. NOTARY PUBLIC in and for the State of Washington 9. '. Jr LG ee3 p residing at ,A•te/ e/ i /e�r� , t../A S> C EMBER S�N4. My Commission expires on .� x PI_ /2 , 2 d I � s„ FOFWA .p vao8ea�eo.oas- P:\Planning Forms \Applications \SPDirector- 6 -06.doc December 4, 2006 N217'5.31-61 83755'2'W rY1c11NG BUILDING NOT A PART OF THIS CONTRACT 12' x 65' LOADING LOADING '36 LOADING TYP 10'X30' 58755'2 6 EXISTING WAREHOUSE 67.500 S.F. 3 LOADING SPACES REQ'D TOTAL PARKING 130 , 331 _6• 12' x 55' LOADING 12' X 65 WADING WAREHOUSE EXISTING DANIA 71.565 NET BUILDING AREA " TOTAL PARKING 104 3 LOADING SPACES REQ'D 1 rr.At aESC KEng`) 1FgTPCaliat4 F1FEh6LTHAEsTO1aRIERCF 'DENORIFEASTcLAR192CF SEC110N25 ICIANSFP231CRT74.1W42E 4FASTWM.Dom1 J4TY. pPL ASFCLLONS 8320l8gATREND:afEAST 2CFTFEPCRD4NEST031RIERCF'DE .EAST aFfuERCF6AIDi mma 1FENOSQJIi' 101° 51* 39'NESTALQ43 The EASTIAEff SAIopotostEST OLAR0320F1FENORIFFA+`'Ta,IS6A CISME CF 100',14 FEET, 1N3dcE mania- 5505WESTA COME CF 70JDFEET101FEVIESTWEINcF 8 CCAERFF1RCWESTMD �21ONICFE,I1B 111340 1°51 ' =I=CE CF 7325) NCRIHSP81705V1ESTACCM..=CF440.70 0ET,ii C a774ofE 3r vier cF Mae Ff£TIOALD•ESFEE NCRIHCFVECENIERLIMCF 90UH150HS1fEET IHEICESCLITH 81° 50 03- EASTAL043 mLAE AD 3ACEF 6F8.17Ft£T.1FH•CEALT43AQRIETO 561E FEET, ANAFs3W,VNM ACISINCECF238b6FEETTOIFEIRLE 5T 3SFJLSTALO'1391VD1AESSTAAMtGN TTONTcERVVortHAaN 7Ccu.sVEEAPJa11B'iTKRIN ES4p443E crost MOpfit06SAs9FIPCF LAM 57FEETINWOCH0 ®ASFOLLONs 613144N3AT1FE97JT ESTCOREtCF1VATCERMININCTCFLAND +A3)10186 ccRpopAnCNENCEED LN:ER ECCRC049ft). 7111100105 THSCEWRIHEIF TO ANDOJEiFPiKINEST�660.70 CI CF�W Somme T.THE51'39"WH8f� '02'E Item NcFANX ERPARIi02FSLS- eCE/NJ R CF 930.70 �ppNCFpPDOIST CW . 3FE CE CF 50.04 FEET TO 1FE90lJIFFARTC�OTa'SiCF SAD •T 7cFtAto02 b, NCE BY NGNI1711110010311431 NCTdH8P5s TRACT r1APDfires ® O2l rn. FONTcS0.nMIE Ex�T NPST2WFEFTA CF 270.o FEEf7D Tlf P�ITfF F£�Nq NEgS,FEDATF4GHTANESTO VEST U E1F SIIA0EDi1FEOTYOF1UGM.A. C NTYCFf0K31SIIA/ECFW0.4W3iIX = 111 DING MD SIT SE TATS 130 2603 2 2014110 luc IU06A MAN MEIER 50E!AT81 185 40E5 4 ace aET54004 MOE VW. T. d 60E5. 811'!066 NEWT. m P0.11518(T MEW ow 58 ARFAIET• DAFSA • 11'586 5F. 8I16D34 5 OVA tET. 216 0. 6. CCCiPANCT GROJR DMA. 53.K. FETAL Rik tt 62566 � . DMA. 11000.15E f5M D OFRCE ETC fMA IC66 5F. MOM 5 EOM RETAIL 011 61.. 226s94:422e mu mos 6F. G L 541066 C01EL TTPE 15.5 5FR61LEFED CUT 19' -0' 1 IIIIIIII[II EXISTING STALLS 2' BUMPER OVERHANG SBT50'9•E ccuuss GUT SOUTH 1 80TH STREET SITE PLAN 1• • 30' -0' 12 -11-08 REV MUDDLE PARKING AND SOUTH a PARQ8. DANIA 5.11-K FETAL 52955 611: 1 251800 • 6TAU1 DA16A 110TE1ON9 . 1L'34 6P. ! 1==00 . 515010 5 BILK RETAIL, 6000 55. / 23,000 • 16 0116 SIILDN0 5 414684 086' WL00 55. /MOD • 8 0 TOTAL PAF6218 mama 56 6761.1d TOTAL PARC6881I•, ?? 11i.' ` • TOTAL PI�ROY+ ., aditi ,.rse .. T,1 FFE:WM DE firs231 PAFiO!Y T• FEGLAR WALLA - 6' 8 R PLI3 7 Ov801426 410 24' AMU caPAG • 5' x 14' PLI6 7 OV138148 10 26' AISLE 11000.P . y x I!FU5706654 01024' AISLE 11.401CAP T1/1Q1M !0A COPAL? •C• • Cq'PACT 1820 Q1 PAV66 IO 0110 WO o3 c0 L.1 rnm O =� tN MQ N N m 1aa� LO Z x 01w a� =U7 03 (, P\CADS w \v - \1Aes '`On ria4.1cr, W 17 DANIA\SD•1 REV 12- 11-08.5rw. 3/16 )