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HomeMy WebLinkAboutSEPA E97-0007 - CITY OF TUKWILA - TUKWILA POND PARK DEVELOPMENTTUKWILA POND PARK PARK DEVELOPMENT OF RECREATIONAL SPACE AT POND AREA 299 STRANDER BLVD. E97-0007 AFFIDAVIT I , 61/LV l A NM - j Notice of Public Hearing fl Notice of Public Meeting OBoard of Packet Board of Packet []Planning Packet Adjustment Agenda Appeals Agenda Commission Agenda 0 Short Subdivision Agenda Packet Notice of Application for Shoreline Management Permit Shoreline Management Permit OF DISTRIBUTION hereby declare that: []Determination of Non- significance 0 Mitigated Determination of Nonsignificance Determination of Significance and Scoping Notice ONotice of Action fl Official Notice LI Other []Other was mailed to each of the following addresses on ('E -1- Pt- &ck1 E& 5 v -k 4-1g-91 . Name of Project ILILAN1ILA Pomo PARK, Signature fyCfr3_ ( File Number 0001 AFFIDAVIT I,L-went (:)frt6 i .CCJ /--e Pc- -7co Notice of vo___ .. Notice of Public Meeting fl Board of Adjustment Agenda Packet O Board of Appeals Agenda Packet OPlanning Commission Agenda Packet fl Short Subdivision Agenda Packet O Notice of Application for Shoreline Management Permit LIShoreline Management Permit was OF DISTRIBUTION hereby declare that: P657eb AT TyLY fir` erAS r )3: of Non- ignificance O Mitigated Determination of Nonsignificance ❑ Determination of Significance and Scoping Notice O Notice of Action fl Official Notice Other S( TG P C -11--K1 0 Other P40 f'ovr Li�CI or.c A nt o vel PAS k_ w s- < -Fe SLA / C !Lo AA - r7a/ Cly S�_ arc Name of Project --/DX-CA)/(A f AI2 / E:- sses-en. /M/tetGbi,17-C6Y ,(o/ -r -7e of Signature k;,:c.teet- File Number A-97-6007 d- L C ? OD-ZO , CITY OF TUKWILA DETERMINATION OF NONSIGNIFICANCE (DNS) DESCRIPTION OF PROPOSAL: DEVELOP A 3.3 AC. PASSIVE PARK WITH GRAVEL PATHS, RESTROOMS, 2 VIEWING PLATFORMS AT WATERS EDGE AND PLAZA. A TYPE 1 WETLAND BUFFER TO BE REDUCED FROM 100', TO 50'. TYPE 3 WETLAND BUFFERS FACING PARK TO BE REDUCED FROM 25', TO 15'. ALL REDUCED BUFFERS TO BE ENHANCED. HUMAN INTRUSION INTO THE POND AND RIPARIAN ZONE TO BE PROHIBITED. UPLAND AREAS TO BE CLEARED AND GRUBBED OF GRASSES, SCRUB AND SOME COTTONWOODS FOR PARK IMPROVEMENTS. THIS IS A PHASED SEPA REVIEW. PROPONENT: CITY OF TUKWILA LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS, IF ANY: ADDRESS: 299 STRANDER BL PARCEL NO: 262304-9062 SEC/TWN/RNG: NE 26/23N/4E LEAD AGENCY: CITY OF TUKWILA FILE NO: E97-0007 The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2)(c). This decision was made after review of a completed environmental , checklist and other information on file with the lead agency. This information is available to the public on request. ****•k-k********•k******•k•k**********•k****************•k****•k************•k****** This DNS is issued under 197-11-340(2). comments must be submitted by A( 1r_J �j' 2 The lead agency wi l l not act on this proposal tor- 15 days from the date below. 4 .a , ,a.444f),(/‘ /Ply ve Lancaster. Responsible Official Date y of Tukwila. (206) 431-3680 6310 Southcenter Boulevard Tu wila, WA 98188 Copies of the procedures for SEPA appeals are available with the Department of Community Development. S(cirPos-r(i • Existing 20wide bin -filtration 'wale Qfvogi .1.2 50 •vel) OVA S 5 ORPD V (P..2.soc3 Tukwila Pond (Type 1 Wetland, 19.5 Acres) Enhanced 50' buffer -Plant and design per SAO Guidelines, Se Springwood studies. Final design per City of Tukwila POIeltial =O. W. ranh (Na included in, proposal) 10-12 Walkway on Pilings Viewing Platform Type 3 Wetland wtih enhanced 15' Buffer Edge of Pond Interpretive/Open Shelter(6001f)• C.9rSitcd stem Strike +17 Wetland Planting Vicuing Platform Picnic An= Type 3 wetland with enhanced IV buffer 04 Interpretive Sign ' • 'Jill\ (C.ido.ing Sop. .100) Existing Trees 1.k:1 Proposed Trees Target Existing Biofiltration (increase sid.d...?,3:)) Interpretive Sign Park Entry Security Park Lighting —\ *t. 41-e. 171 111-.LTT.A . Mara of crushed gods p-7 ' or crushed grann.e _ -1 • • Diagonal Walk - crushed M., wnl5sn — Property Line Park Entry Sip Secondary pedestrian access Pmperty Line Ornamental Planting to Doublet= CD Strander Eloulmard Pedestrian access to . . ' r"L • . F".. . r Park Entry Sign Se . --1 Landsoping at Strarder Doubletree Pima Benches informal Stone Seating Water Casradr/Weir (recirculated city ssater) Path W parking with stairs Note: Drainage from hardscape slopes to sheet flow to Tukwila Pond. Interpretive center roof to drain to dry wells. Toys R Us Limit of Development Pedestrian Access to Southconer Parlay Southcenter Blvd. Park Entry Sip & Landscaping at Scale: 1^.20.0" March 6, 1995 Conceptual Plan Tukwila Pond Park City of lliktrila, April 11, 1997 Department of Parka & Recreation Mame associates April 16, 1997 Catty of Tukwila Dear Sir or Madam: IIS John W. Rants, Mayor epartment of Community Development Steve Lancaster, Director The City of Tukwila, in partnership with the private non-profit Tukwila Pond Park Committee, is developing a 3.3 acre passive park. The park is located west of the Pond and contains two water overlook piers, paths, a plaza, interpretive displays, grounds lighting and many additional trees. Wetland buffer areas will be reduced, but enhanced per the Tukwila Sensitive Areas Ordinance and the minimum buffer to the primary Tukwila Pond will be 50 feet. Human intrusion into wetland buffer and open water areas will be prohibited. This is a consolidated public notice packet for the following items: 1. Notice of Application, 2. (Preliminary Environmental) SEPA Threshold Determination of Non -significance, and 3. Notice of Planning Commission Public Hearing to determine the number of parking spaces to be provided with the park. The Public comment periods for each item are individually listed. Please call Nora Gierloff or Vernon Umetsu at 431-3684, if you have any questions. Thank you for your attention. Sincerely, aye ck Pace Senior Planner 6300 Southcenter Boulevard, Suite #100 ° Tukwila, Washington 98188 0 (206) 4313670 0 Fax (206) 431-3665 CITY OF TUKWILA COMMUNITY DEVELOPMENT DEPARTMENT Environmental Checklist PHASED SEPA REVIEW • Applicant responses are in BOLD. • City of Tukwila revisions based on further analysis and project clarifications by the applicant are in normal text. A. BACKGROUND 1. Name of proposed project, if applicable: Tukwila Pond Park 2. Name of applicant: City of Tukwila. 3. Address and phone number of applicant and contact person: Applicant and Contact: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Atten: Don Williams, Parks and Recreation Director 206-433-1843 4. Date checklist prepared: March 20, 1997 City revisions per clarifications and project amendments at an interdepartmental meeting on April 11, 1997. 5. Agency requesting checklist: City of Tukwila, Department of Community Development. 1 • • 6. Proposed timing or schedule (including phasing, if applicable): Basic construction to begin Spring/Summer of 1997, completion by late fall, 1997. In the future, the existing gravel path on the southwest side of the Target store may be lengthened to the southwest corner of the Target parking area. Any pathways or other improvements not proposed at this time are not covered in this SEPA evaluation. Such improvements will be the subject of further review as proposed. See A.11 (Description of proposal). The pathway referenced above, but not included in this analysis, would run along the building for about 800 ft. to the parking lot edge. This lenght is about one-fifth the Tukwila Pond wetland's northern perimeter. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Future foot trail connections to the park may be developed to Andover Park West Street along the South property line on private property (easements to be obtained). Any pathways or other improvements not proposed at this time are not covered in this SEPA evaluation. Such improvements will be the subject of further review as proposed. See A.11 (Description of proposal). List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Tukwila Pond Park Environmental and Geotechnical Investigation, January 20, 1995; Andover Park Plaza Geotechnical Investigation, November 11, 1986; Tukwila Pond Park Water Quality Impacts Assessment, January 20, 1995; Tukwila Pond Wildlife Utilization and Habitat Evaluation, September 18, 1994; Tukwila Pond Conceptual Wetland Restoration Plan, January 11, 1995; Tukwila Pond, City of Tukwila Wetland Analysis, 1991; Effects of Urbanization and Development On Tukwila Pond: Evaluation of the Rate of Wetland Alteration Using Plant Communities, 1996; South 168th Street Draft, Environmental Impact Statement (DEIS), 1987 (EPIC -294-85); Environmental Assessment & Expanded Checklist Submitted for SEPA Approval, Tukwila Pond Center, 1988 (EPIC -11-88); Southcenter Plaza Phase II Draft Environmental Impact Statement (DEIS), 1990 (EPIC -19-89) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No 2 • • 10. List any government approvals or permits that will be needed for your proposal, if known. Land Altering Permit Building Permit (for restrooms/interpretive building) Sign Permit Planning Commission determination of parking requirement Sensitive Area Wetland buffer reduction Flood Zone Control Permit Misc. Utility Permits (e.g., sewer, water, etc.) 11. Give brief, complete description of your proposal, including the proposed uses and the size of the.project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The proposed park improvements are being reviewed under the phased review provisions of WAC 197-11-060(5). Future improvements will be reviewed for cumulative impacts of all improvements, and alternatives to the specific future proposals, in the consideration of impacts and mitigating measures. Insignificant changes to the proposed action are subject to administrative review and approval without further SEPA review as is currently allowed. The proposed 3.3 acre park will provide passive recreation space with picnic tables, benches, crushed rock paths and two viewing platforms looking at the pond and Mt. Rainier. Educational exhibits in the park will supplement the interpretive information displayed in the open -sided shelter building which will also have ADA restrooms. Plants and trees native to this region will provide a Northwest feel to the park. No major earthwork or fill is planned for this project. A 50 foot wide greenbelt buffer between the park area and the pond will be enhanced as mitigation per TMC 18.45.040. No access to the water or the shoreline will be developed except the two viewing platforms that end at the water's edge. Refer to the attached drawings. Human intrusion into the riparian edge will be discouraged by the planting design and signage. Swimming, boating or other human intrusion into the Pond will be prohibited by signage. Lighting will be provided by freestanding poles 14-20 ft. high, and low light bollards. In all cases, glare will be controlled based on the following standards: No direct illumination of the Pond or riparian edge and a maximum 2 ft. candle light level at the base of the riparian edge. This recognizes the sensitivity of the water fowl resting/nesting 3 habitat provided by the Pond and riparian edge. Achieving this lighting standard will likely require using "canned" or "down -light" type fixtures on pole standards and low light bollards when fixtures are located along trails adjacent or traversing wetland areas. Enhancement of wetland buffer areas will be pursuant to the Sensitive Areas Ordinance guidelines and Springwood studies. Final design will be done by a qualified wetland biologist or landscape architect with extensive wetland experience, under the supervision of City staff. Planting will be done during the fall to enhance survival. All off-site project improvements will be subject to approval by the affected property owner and continued consistency with all development standards. The primary off-site improvements include, but are not limited to pedestrian connections to Strander Boulevard and Southcenter Parkway, connections to adjacent western properties, and a pedestrian bridge across a Target drainage easement, which would connect to an existing gravel maintenance path. Site parking would be provided by 12, existing parking spaces on adjacent parcels. Five of these spaces are along the Andover Park West frontage, on the opposite end of the site. Access between these spaces and the proposed improvements would be problematic unless an access easement (above) is secured. Until then, such spaces could be used by street -side viewers. Future park improvements could include extending pedestrian trails along the south to Andover Park West on an adjacent parcel, and northward to the Target store. No such improvements are part of this specific application , nor is there sufficient detail to reasonably evaluate impacts or mitigating actions. Any such improvements would be the subject of further SEPA review, and consider the cumulative impacts of this and future improvements, alternatives to proposed future improvements. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The northwest corner of the 25 acre parcel is located approximately 605 feet south of Strander Boulevard on Andover Park West and 650 feet east of Southcenter Parkway. The eastern property line lies along Andover Park West and the southern property line fronts the South 168th St. alignment. The three acre park site is 4 • located on the western edge of the property. It is about 687 feet long and 200 feet wide. See attached drawings for detailed information. 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive. The limits of development and minimum wetland buffers are shown on the attached site plan. The 19.5 acre pond itself is a Type I Wetland with a basic buffer area of 100 feet. The site development area would reduce the standard 100 foot buffer area to 50 feet. The three Type 3 isolated wetlands would have their buffers facing the park reduced from 25 ft. to 15 ft., and one would be traversed by a pedestrian bridge (see SW corner). No wetlands would be disturbed and all reduced buffers would be enhanced for habitat quality (see A.11). B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other The site is mostly flat with limited topographic relief around the edge of Tukwila Pond from past filling. b. What is the steepest slope on the site (approximate percent slope)? 50 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The soil map unit surveyed by Soil Conservation Service (1973) is Urban land (Ur) which indicates natural soil layers have been disturbed and generally filled for development. A mixture of soils have been observed on the project site including clay, sand, and silt combined with gravel. Organic silt and muck soils are present in the Pond and wetland fringe. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No 5 • • e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Surface grasses and debris will beremoved only from that portion of the site lying greater then 50 feet from the edge of the pond. Minor grading will provide level spaces for the interpretive/restroom buildings, paths, picnic tables, and landscape areas. Crushed rock for paths (plus or minus 400 cubic yards) and topsoil (plus or minus 100 cubic yards) will be brought in from commercial sources. Staff estimates that total excavation would exceed 500 cubic yards. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. g. Erosion into Tukwila Pond could occur if control measures are not installed and implemented. However, because of the site's flat topographic relief, preventing erosion and controlling surface water runoff is feasible through compliance with Tukwila's surface water management regulations. Temporary erosion control measures will include straw bales and/or silt fences with detention ponds as needed to prevent siltation of wetlands or buffer areas. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt, or buildings)? The only impervious surfaces will be the pad/roof of the building (plus or minus 600 sq. ft.) and small pads for the lights. The pathways and plaza will be crushed rock. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Install berms, siltation fencing, and straw bales where needed. Areas to be re - vegetated as part of the park. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Emissions from construction equipment. Off-site parking is planned for the park which will have mostly walk-in use. 6 b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No c. Proposed measures to reduce or control emissions or other impacts to air, if any: The Park project site is relatively small (less than 3.3 acres) with limited construction activity proposed for its development. Impacts to the air are temporary and will primarily occur during site grading. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The Tukwila Pond property is approximately 25 acres in total size. The Pond includes about 15 acres of open water that lies directly east of the project site. In addition to the open water component, there are associated fringe wetland areas around most its shoreline. A significant area of seasonally flooded wetland exists directly south of the Pond's open water habitat. Due to the surrounding urbanization, there is no normal outfall that drains the pond. The connection to the City's storm drainage system is an outlet controlled by a floodgate. Due to the excess capacity of the Pond site, discharge from the Pond and into the City's drainage system may occur only during a 100 -year storm event. Generally, the Pond site is a closed drainage basin that provides storage for rainfall and local runoff from portions of adjacent properties. Most of the surrounding property area drains via tightline storm drainage systems that convey flows to the Green River. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The Park project will require work adjacent to Tukwila Pond and the "adjacent" wetlands existing along the west edge of the Pond. These wetlands are small, narrow swales that have no physical wetland connection to the Pond and appear to be isolated by definition using Tukwila's Zoning Code (Title 18, 12/96). As part of this project, these wetlands will serve to further protect and buffer the Pond's open water habitat. In addition to preserving the on-site isolated wetland swales, the Pond will have a 50 -foot enhanced buffer from the established wetland boundary. The attached site plan shows the wetland boundaries, the enhanced buffer areas, and the extent of Park development. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. There will be no filling or dredging of wetlands or surface water features. Only the upland portion of the site, west of existing wetland areas, will be affected by land altering activities. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. There will be no withdrawal or diversion of surface water. 5) Does the proposal lie within a 1.00 -year floodplain? If so, note location on the site plan. The undeveloped site lies entirely within the Green River 100 -year floodplain (the River meanders south to north approximately 0.5 mile to the east). An Army Corps of Engineers river levee protects the Tukwila business district, including properties surrounding the Pond, from river flooding. Upland improvement areas are about 1/2 ft. below the 100 yr flood level. The interpretive structure will be elevated at least 1 foot above the 100 yr. flood level. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. • No. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 8 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic Sewage; industrial, containing the following chemicals ...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. On-site restrooms will be served by local sanitary sewer system. There will be no waste material discharged into the ground. The sanitary sewer is located at Strander Boulevard and a side -sewer extends to within 100 feet of the north property line of the park. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Runoff will sheet flow toward the pond. Peak runoff volumes are anticipated to be decreased for the 10 year design event due to the large number trees (top cover) being introduced to areas which are primarily grass fields and shrub/scrub. Runoff from the 1,800 s.f. roof area will be detained in dry wells per the. Tukwila Surface and Storm Water Management Ordinance. Total runoff volume to the Pond would generally remain unchanged. The percentage of impervious surface is .01% of the improved site. The rest of the Park site will be landscaped or left in a relatively pervious condition. 2) Could waste materials enter ground or surface waters? If so, generally describe. Very little waste is expected from Park use and none will enter ground or surface waters. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Surface water impacts are minimal; however, the City of Tukwila Surface and Storm Water Management Ordinance (#1755) will be used in the site design. 4. Plants Check or circle type of vegetation found on the site: x deciduous tree: alder, maple, aspen, other _x_ evergreen tree: fir, cedar, pine, other x shrubs 9 • • _x_ grass pasture crop or grain _x_ wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other _x_ water plants: water lily, eelgrass, milfoil, other other types of vegetation Please refer to: Project Wetland Review and Conceptual Buffer Enhancement Plan for Tukwila Pond Park (attached) b. What kind and amount of vegetation will be removed or altered? Site grading will include the removal of various native and weedy species. Much of the site is covered with weedy herbaceous species. The area also has blackberries and Scot's broom shrubs. Black cottonwood saplings are prevalent in the southern portion of the Park site. c. List threatened or endangered species known to be on or near the site. No threatened or endangered species have been documented as using the Tukwila Pond site per the results of a recent wildlife investigation (Tukwila Pond Wildlife Utilization & Habitat Evaluation, Watershed Dynamics, Inc. 1994). Please see this referenced report and listed references. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Tukwila's Sensitive Areas Ordinance (SAO) regulates the use of wetlands and the associated buffer zones. The Park project will not use or encroach into the main wetland pond or three Type 3 wetlands. Another Type 3 wetland in the southwest corner of the upland area will be crossed by a boardwalk bridge. It will be requested that the standard buffer setback distance of 100 feet be reduced by 50 percent through its enhancement with native vegetation as allowed under TMC 18.45.040. Buffer use and reduction is consistent with Tukwila's SAO standards. The buffer areas to be reduced and enhanced currently have low habitat value from previous clearing and filling. Much of the area is comprised of non-native grass and shrub plants. A diverse mixture of trees, shrubs, and where appropriate, groundcover plants will be added to the Pond wetland buffer area. The minimum buffer zone that will be maintained for Tukwila Pond is 50 feet. Portions of this 10 buffer are extended around the small, isolated wetlands near the Pond's edge. The park area will be landscaped with native shrubs and trees. No large sod areas are planned. Please see the attached site Project Wetland Review and Conceptual Buffer Enhancement Plan for Tukwila Pond Park. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other:x mammals: dear, bear, elk, beaver, other: x fish: bass, salmon, trout, herring, shellfish, other: x The only mammal listed as possibly using the site are muskrat, rabbit, and brown rat. The only fish species observed was brown bullhead. Please refer to Tukwila Pond Wildlife Utilization & Habitat Evaluation, Watershed Dynamics, Inc. 1994, for list of waterfowl, passerine birds, and others using the Pond site. b. List any threatened or endangered species known to be on or near the site. There are no known, threatened or endangered species using or being supported by the site. However, it has been determined that Tukwila Pond meets the definition of "Priority Habitat" as defined by the Washington State Department of Fish and Wildlife (WDFW) (Watershed Dynamics Inc. 1994). "Priority Species" include protected species that WDFW believes are vulnerable to future listing and species with recreational importance that are vulnerable to impacts because of lost or degraded habitat. The Priority Species observed on the site are not listed as endangered, threatened, sensitive, or candidate but are protected under certain habitat situations. No direct documentation of breeding/nesting activities for the Priority Species was obtained during the most recent habitat and wildlife investigations. There may be some nesting of mallard ducks, which have been recently listed as a Priority Species. c. Is the site part of a migration route? If so, explain. The site is within the Pacific Flyway and is used by birds that normally migrate through western Washington in spring and fall. The Pond provides habitat for significant numbers of marine birds, waterfowl, and passerine species. 11 d. Proposed measures to preserve or enhance wildlife, if any: Buffer areas around the westernportion of the Pond will be enhanced and maintained for wildlife use. Pond use and intrusion will be limited to viewing associated with Tukwila Pond Park. The Park is planned as a day use area only and will have minimal disturbance features during night hours. Lighting will be minimal around buildings and at main entrances. 6. Energy and Natural Resources a. What kinds of energy (electrical, natural gas, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. There will be only one enclosed building for the Park project. An interpretive center and restroom will be built on the site that will require electrical services. b. Would your project affect the potential use of solar energy impacts, if any: No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any? Minimal lighting will be installed because the Park will be for day use only (See A.11, Proposed Action). There will be no on-site parking and this will encourage shared commutes, bus use and walking to the site. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required. Emergency access to the site will be available on the north side, west side of the Target Store; and on the south from the Bon Marche parking area. 12 2) Proposed measures to reduce or control environmental health hazards, if any: None exist. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other): The nearest street traffic is along Southcenter Parkway to the west and Strander Boulevard to the north. The Bon Marche Company has a warehouse with associated truck traffic that borders the Park site on its south side. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. There will be short-term noise from construction machinery and related transporting of materials for building the Park site. The standard hours for construction activities are 7:00 AM to 4:30 PM and may be adjusted if noise levels affect adjacent properties. As a passive park, limited noise would be created by people visiting the site. 3) Proposed measures to reduce or control noise impacts, if any: On-site grading and construction is expected to require large machinery. Noise associated with constructing the Park will occur only during daytime hours. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The site is undeveloped and has no official use to the landowner or the public. Adjacent property uses consist of a home furnishings warehouse, a large hotel, and several retail stores. b. Has the site been used for agriculture? If so, describe. Not in recent years. The site was used as pasture over 30 years ago. 13 c. Describe any structures on the site. There are no building structures on the site except for an 1,800 s.f. interpretive center with handicapped accessible restroom. d. Will any structures be demolished? If so, what? No. . e. What is the current zoning classification, of the site? The current zoning is Tukwila Urban Center (TUC) with an overlay district of Public Recreation Overlay (PRO). The PRO is intended to reserve certain areas owned or controlled by a public or quasi -public agency for either passive or active public recreation use. f. What is the current comprehensive plan designation of the site? g. The current comprehensive plan designation is Public Recreation Overlay. As an overlay district, the PRO district may be combined with any other district established by Tukwila's Zoning Code. If applicable, what is the current shoreline master program designation of the site? Does not apply. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Tukwila Pond has been included as Inventoried Wetland #9 in the City's Sensitive Areas Overlay. The Pond is rated a Type 1 wetland because of its size and diversity. i. Approximately how many people would reside or work in the completed project? No residents, weekly maintenance by City Park's crew. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: 14 • None needed. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Comprehensive Plan designates site as recreation/open space. Standards and requirements of Sensitive Areas Ordinance have been applied to site design. Probable review of project by the Planning Commission to ensure adequate parking. m. Proposed measures to avoid or reduce shoreline and land use impacts are: Avoidance of sensitive area impacts and minimize creating new impervious surfaces. Traffic impacts are not anticipated due to off-site parking and central location of project site for business district users. See A.11 Description of Proposed Action. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing provided. b. Approximately how may units, if any; would be eliminated? Indicate whether high, middle, or low-income housing. No housing provided. c. Proposed measures to reduce or control housing impacts, if any: No housing provided. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The interpretive/restroom building will be about 13 feet tall . Wood will be used for its exterior. 15 • b. What views in the immediate vicinity would be altered or obstructed? Views will not be altered or obstructed. c. Proposed measures to reduce or control aesthetic impacts, if any: The site will be enhanced after the park project has been completed. Enhancements include new landscape plantings throughout the site. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Minimal lighting will be proposed for safety at the building and entrance areas. Lighting will be on throughout the night. Light will be limited to no direct illumination of the riparian border and maximum indirect lighting of 2 ft./candles at the riparian border, except where trails are adjacent to, or traverse wetlands. See A.11. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? Do not anticipate any affect from off-site sources of light. d. Proposed measures to reduce or control light and glare impacts, if any: Special bollard lighting and several 20 foot pole features will be used when lights are left on at night. See A.11. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? The Green River trail lies about 1/2 mile to the east. The project is a park designed for education and passive recreation. 16 b. Would the proposed project displace any existing recreational uses? If so, describe. There is no current or past official recreation uses of the site. Wildlife viewing has occurred as an unofficial activity. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: The new passive park areas will provide access that did not occur before park development. Habitat and wildlife education exhibits will enhance the enjoyment by visitors. Wildlife viewing will be enhanced. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be .on or next to the site? If so, generally describe. Do not know of any significant historic or cultural features. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Do not know of any related features. c. Proposed measures to reduce or control impacts, if any: No proposed measures. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Southcenter Parkway is west of the site and may provide access through an existing retail center or hotel. A pathway is planned from the Southwest corner of the park to Southcenter Parkway. Strander Boulevard exists on the north and can provide direct access to the site via a City easement/existing driveway. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? 17 • • A transit stop is located at Strander Boulevard near the Target Store driveway entrance, approximately 1,100 feet walking distance to the northwest corner of the park, another 650 feet from the southwest corner to Southcenter Parkway. c. How many parking spaces would the completed project have? How many would the project eliminate? Off-site parking is planned and because the project is a public park the number of spaces needed will be determined by the Planning Commission. Twelve existing parking spaces on adjacent parcels, are currently proposed to be designated for park use. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No road improvements are anticipated for this project. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Although designated off-site parking is planned, direct access into the Park will be by walk-in. The typical peak traffic volumes for the Business District occur during the winter months. Park use will be greatest during the summer months. 18 g. • • Proposed measures to reduce or control transportation impacts, if any: None. Most of the land uses surrounding the Park are retail oriented with adequate parking and transportation infrastructure. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. It is likely the need for police services will increase during a portion of the year when Park use increases. Increased use will probably start in the spring and decrease in the fall to coincide with significant changes in the weather. Routine park -type maintenance will be performed. b. Proposed measures to reduce or control direct impacts on public services, if any. The park will be open, in general, only during daylight hours. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. All of the above utilities are available near the site. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Utilities needed for the project are electricity, water, sanitary sewer. C. SIGNATURE The above answers are true and complete to the best of my knowledge.. I understand that the lead agency is relying on them to make its decision. -4-4 6 7? 7 Signature: Date Submitted: 19 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these question, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish or marine life? Proposed measures to protect or conserve plant, animals, fish or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impact are: 20 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: How does the proposal conform to the Tukwila Shoreline Master Plan? 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment.. 8. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what policies of the plan. Proposed measures to avoid or reduce the conflicts are: 21 • • SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT PROPOSALS The objectives and the alternative means of reaching the objective for a proposal will be helpful in reviewing the aforegoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental information provided and the submitted plans, documents, supportive information, studies, etc. • 1. What are the objective(s) of the proposal? To provide a passive park/educational opportunity serving the Tukwila central business district, while protecting the environmental/habitat values of the site. 2. What are the alternative means of accomplishing these objectives? 1. Build a park at an alternative site in the central business district. 2. Take no action. This alternative would not achieve project objectives. 3. Please compare the alternative means and indicate the preferred course of action. Neither of the alternatives would accomplish all of the objectives of the proposal (recreation/education/preservation). Alternative 1, while it would satisfy the recreation goals, would expose the site to sale to a private party and risk significantly reduced habitat value as the property is developed. 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what policies of the plan. No, the proposal is supported by the City of Tukwila Comprehensive Land Use Plan, 1995. See examples Policies 10.2.1 and 10.2.9. Proposed measures to avoid or reduce the conflict(s) are: N/A. Actions to reduce project impacts have been incorporated into the proposed action as described above. 2s CITY OF TUKWILA NOTICE OF PUBLIC HEARING PROJECT :INF:ORMATION The City of Tukwila has filed applications for development of a 3 acre park to be located at the west edge of Tukwila Pond. Permits applied for include: Special Permission Parking Determination Wetland Buffer Reduction SEPA Threshold Determination Other known required permits include: Building Permit, Sign permits, Flood Zone Control Permit and Misc. Utility Permits FILES AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the permit counter of the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. Project Files include: E97-0007 SEPA Threshold Determination, Wetland Buffer L97-0020 Special Permission Parking Determination OPPORTUNITY FOR PUBLIC COMMENT You are invited to comment on the project at the public hearing before the Board of Architectural Review, scheduled for May 1, 1997 at 7:00 p.m. The hearing will be held in the City Council Chambers at City Hall. The hearing is subject to change. You may confirm the time and date by calling Nora Gierloff at the Department of Community Development at 433-7141. For further information on this proposal, contact Nora Gierloff at 433-7141 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: April 10, 1997 Notice of Completeness Issued: April 14, 1997 Notice of Application Issued: April 15, 1997 Notice of Hearing Issued: April 15, 1997 PROJECT INFORMATION The City of Tukwila has filed applications for development of a 3 acre park to be located at the west edge of Tukwila Pond. Permits applied for include: SEPA Threshold Determination (E97-0007), Wetland Buffer Reduction (see E97-0007), Special Permission Parking Determination (L97-0020) Other known required permits include: Building Permit, Sign Permits, Rood Zone Control Permit, and Misc. Utility Permits. Studies required with the applications include: An environmental checklist has been submitted with various supporting studies including, but not limited to, plant and animal studies, and the provisions for a wetland buffer enhancement plan. An analysis of required parking has been submitted. FILES:AVAILABLE.FOR:PUBLIC<REVIEW .„ - The project files are available at the City of Tukwila. To view the files, you may request them at the counter at the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100, Tukwila, WA 98188. Project Files include: E97-0007 (SEPA Threshold Determination) L97-0020 (Special Permission Parking) OPPORTUNITY:FOR PUBLIC COMMENT Your written comments• on the project are requested: SEPA comments must be delivered to DCD at the address above, or postmarked no later than 5:00 P.M., May 1, 1997. Parking comments must be RECEIVED by this time or by the Planning Commission hearing discussed below. Opportunity for additional oral and written public comment ON THE REQUIRED PARKING will be provided at a public hearing before the Planning Commission, scheduled for May 1, 1997. No further public comment period is anticipated for the SEPA threshold determination. To confirm these dates, call the Department of Community Development at 431-3670. You may request a copy of any decision;information on hearings, and your appeal rights by calling DCD at 431-3670. The special permission parking determination is appealable to the City Council. An appeal of the SEPA threshold determination would be combined with any appeal of the Planning Commission decision before the City Council. For further information on this proposal, contact Nora Gierioff or Vernon Umetsu at 431- 3670 or visit DCD offices, Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: April 10, 1997 Notice of Completeness Issued: April 14, 1997 Notice of Application Issued: April 16, 1997 SITE PLAN ATTACHED Parking b Sbandor Blvd. Dotbietree Pate Hotel Parking Target Viewing Gazebo • - IliIl!IIILin il Retail b $trander Blvd. Property ooi dg eline - Edge Wetland - Edge of Pond \ Sidewak- prop -ot• -- Observation Platform (ADA Sy...g.) Perking Bus Parking+ Wetland =rive & er 1 Reetroom (ADA .m...on.) Tukwila Pond F —Observation Platform (ADA Am...rbr., h1..pr.M Skr.Q.) Toys R Ile Parking l ADA Park (4 Has) - Wetland - Observation Platform YAC Am...rl.. r+uvMw 137.94 • e. �---. b Southoeriter btvd- Bon Warehouse Master Pian City of Tukwila Department of Parks and Recreation May. 1996 - Railroad Tracks Bo Computer Benham 50 100 I 800 feet Retail -Mato Bus Line Marmot Courtyard Motel / Park Identification Sign • b Orden River / Duv ermbh Trail April 10, 1997 • City of Tukwila NeCA- 6200 Southcenter Boulevard • Tukwila, Washington 98188 Mr. Steve Lancaster, Director Department of Community Development 6200 Southcenter Boulevard Tukwila, WA 98188 Subject: Tukwila Pond Park - Parking Stalls Dear Mr. Lancaster: John W Rants, Mayor According to city regulations, the Tukwila Planning Commission has the responsibility to determine the number of parking stalls that shall be provided for a city park facility. My department is moving forward with construction plans for our Tukwila Pond Park located in the T.U.C. It is our proposal to have 12 shared parking stalls (10 regular and 2 for handicapped persons) and one mini or large bus parking stall.' Background The design development phase and construction funding for this park is unlike any we've developed in Tukwila before. A non-profit citizen/business person corporation worked with a consultant, City Council, Mayor and staff to develop the accepted design of the park. The City Council and Mayor then authorized the Tukwila Pond Committee (the non-profit group) to build the park per the agreed-upon plan. Because of the ability of people to walk to the site, the sensitivity of this large wetland area, and the abundance of paved accessible parking stalls abutting this site, it was decided that none of the 3 acre park would be used for parking vehicles. Instead we would seek to share parking stalls with the adjoining businesses. It is my department's responsibility to develop the agreement form and to secure shared parking stalls from neighboring businesses. Current Action We have reviewed similar parks, like Seattle's Freeway Park and Bellevue's Downtown Park, and determined their use is very seasonal and most park visitors are "walkers." Seattle's park has no parking. Bellevue's park has 36 stalls; however, the park is 12 acres in size. With the adjacent hotels and retail stores, it is my professional feeling that a limited number of stalls is necessary. Of the 12 recommended, two would be for handicapped parking which is a higher percentage than normal; however, we feel this would be appropriate for this passive ADAaccessible park. The mini/regular size single bus parking stall is desirable because the park will eventually have interpretation and educational exhibits about the wetland's wildlife and habitat areas. Although Phone: (206) 433-1800 • City Hall Fax: (206) 433-1833 Mr. Steve Lancaster April 10, 1997 Page 2 at the time this letter is being sent we have not yet secured the parking stalls, it is our intention to secure these stalls as soon as possible. We have verbal support and agreement from the two businesses to the south to provide stalls, the Bon Marche' Distribution Warehouse and the office park east of the Bon that fronts the park. The Doubletree Suites hotel is positively considering a location for a bus parking area. The Parkway Plaza shopping area on Southcenter Parkway will soon be approached. The Target Store has asked that we obtain approval from their corporate offices back east. We are confident that we can secure the desired stalls and that they will be sufficient in number and location. A site plan is attached that shows the proposed parking stall locations. Conclusion The joint usage agreement (copy attached) provides for permanent usage maintenance and liability coverage. All stalls exist except for minor modifications necessary to establish the handicap stalls and the bus parking stalls. No new pavement will need to be created. We feel this is an appropriate use of existing parking and a positive opportunity for our business community to serve the variety of Tukwila Pond Park visitors. 1 hope our request will be met with favor, and we are prepared to answer any questions the Department of Community Development staff may have. 1 plan to attend the Planning Commission's review of this proposal. Respectfully, ,59 Don Williams, Director Parks and Recreation Department DW/dc Attachments: Site Location Map Proposed Parking Stall Location Map Joint Parking Agreement Pond/parking-4-10-97 Fort `, Dent Park outhcenter Mall 1 Parking Viewing Gazebo- . III di 0 Real -Natio Bus 1kie Courtyard i • /Park Identification Sign =as: aanuru.-mrrm::muurriSiAdiwww■ w�iwi�rrAiir�w��:i`�'ii•���iw i►i• m mmrnt.mxun• .•u_uy; . b 8w0loenter Elvd. Bon Warshaw,. Master Pian City of Tukwila Department of Parks and Recreation May. 1996 Railroad Tracks • fig loo 200 bet p Oman Mar / DwMembh Tral AGREEMENT FOR JOINT USE OF PARKING FACILITIES THIS AGREEMENT made this day of , 199_, by and between the CITY OF TUKWILA, a municipal corporation of the State of Washington, hereinafter referred to as the "City," and , hereinafter referred to as "Business." WHEREAS, the City and Business desire to share parking facilities between the City and Business and have agreed to enter into a cooperative parking facility agreement for the use of the business's parking stalls adjacent to Tukwila Pond Park for public parking subject to certain conditions; and WHEREAS, the City and Business acknowledge that there are times when demand for public use of said parking stalls will not conflict with Business peak parking demand; and WHEREAS, it is the intent of this Agreement to enumerate the times and terms under which the City and Business will share.parking; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Section 1. The Business grants to City, its agents, representatives, managers, employees, and the public, for use of or access to the Tukwila Pond Park facilities, the nonexclusive right to park without charge in designated parking stalls adjacent to Tukwila Pond Park customarily used for parking. Section 2. Business recognizes that City can use or develop the parking stalls adjacent to Tukwila Pond Park as the City deems fit consistent with land use regulations. Section 3. Business shall have the right to claim the number of shared parking spaces for the purposes of meeting parking regulation requirements in the event Business applies for future expansion of the existing building. Section 4. City agrees that the use of the designated parking stalls shall be for City or public parking while using or accessing the Tukwila Pond Park facilities and shall be consistent with the general rules and standards of the Tukwila Municipal Code and relevant City policies. Section 5. City shall pay the Business for any damage to the parking stalls as a result of the City's negligent or intentional acts or as a result of the negligent or intentional acts of its agents, representatives, managers, or employees. Section 6. This Agreement may be terminated by the City upon thirty (30) days written 1 P:\APPS\MUNI\RFN\Cr01663.rfn/mcs/033197//d1 CITY OF_TUKWILA ,?7-Oo3C7 DepartmenteCommunity Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 SEPA APPLICATION CHECKLIST FOR STAFF USE ONLY Planner: File Number: 9 7-0007 Receipt Number: p,1 /1 r' Cross-reference files: Kopf( Cu2/za ircy Applicant notified of incomplete application: Applicant notified of complete application:, Notice of application issued: A. NAME OF PROJECT/DEVELOPMENT: < W / L4 N04aare_K B. LOCATION OF PROJECT/DEVELOPMENT: (address and accessors parcel number(s)) K(&< C- Co. Ass d2 (Ax Lo AC= 26230 -?oGZ Quarter: Section: c 6 Township: „23 /v Range: 4 6 (This information may be found on your tax statement) C. PROJECT DESCRIPTION: 4 3c3 kc, .PLISS(ye. /»Q-1( 6_,t-rr PAve PA7?/S RF Ti€oo14.S� V/6,�wris/a PeAr o2Nt- AT GJA1 tS eb B(iFF 1-Goz A -(YPG. 1 GJ� C-AN7) 7o Se ,2 ebUceb Al2..0tit goo' 7o'SO . k 94:g 7a V2/15Ge A YyPZ 3 6,) e- R-AtD. Gress/Sod:.v8 upc-A-.orb _Fie t,7 To cc R.€D, C2.000eb 4- R.G"Po*-,f>eb PA4 tt' 4J7 "C -A . IM Pan Vous Sul ALIS- &-S>o2 A i 33 % • D. APPLICANT: CA T `F V FC w e -- NAME: NAME: / C ADDRESS: 62- O .ro u'rgC67V felt c.c.A, W/1 -t ?23 SB A - -r�e' : • ?o g (LAU? QS CE-01r244A lg n/ PHONE: 2:O .� ln.s- /� 8 8© SIGNATURE: DATE: • PROJECT WETLAND REVIEW AND CONCEPTUAL BUFFER ENHANCEMENT PLAN FOR TUKWILA POND PARK Prepared For: The Tukwila Pond Committee 6200 Southcenter Boulevard Tukwila, WA 98188 206-850-5570 Prepared By: Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 206-431-3662 April 1, 1997 • • INTRODUCTION/BACKGROUND The City of Tukwila is sponsoring the creation of a passive public park adjacent to Tukwila Pond located in the business district. The City owns the proposed park area and Tukwila Pond with its associated wetland areas. The site is located south of Strander Boulevard between Southcenter Parkway and Andover Park West. A retail center borders the site on the north, a Bon Marche warehouse on the south, and hotel and retail development to the west. The Tukwila Pond property is about 24.7 acres in total size located in Section 26, Township 23 North, Range 4 East WM. The proposed park site is approximately 3.3 acres of mostly upland area existing along the west side of the Pond. The City of Tukwila acquired the Pond property from private ownership in late 1993. Prior to City ownership several development proposals and the associated environmental studies were reviewed by the City as part of the SEPA process. The importance of the Pond's uniqueness and significant wildlife habitat has been recognized since at least 1975. As a result, none of the proposals to fill or greatly alter the Pond's habitat were completed. The City's initial goal is to have the only remaining upland area developed as a passive park to provide recreational and educational benefits to residents and the business community. To accomplish this a non-profit committee was established to assist with private funding of the Park. PURPOSE The purposes of this report are to provide an overview of pertinent environmental information related to Tukwila Pond Park and the conceptual buffer enhancement that will be incorporated into the Park design plan. Wetland buffer enhancement is required as part of the SEPA review and the City's Sensitive Areas Ordinance (TMC 18.45). The following sections of this report also discuss existing conditions, potential impacts, and summarize important findings related to recent investigations of Tukwila Pond's wildlife and habitat. The professional studies cited or used for information are attached as a reference list. INVESTIGATIONS/EXISTING CONDITIONS As a pond feature, Tukwila Pond dates back to about 1974 and was referred to as a "bog" prior to development activities in the area (Seattle City Light 1976). Review of aerial photography taken in 1936 and 1956 indicates the area was at least a very wet meadow or marsh used by resident birds and migrating waterfowl. Filling events • • related to the development of the Southcenter area created the pond by blocking surface and subsurface drainage. Soil information dating back to 1958 indicates the upper 3 feet of soil was comprised of loam and peat. Below 3 feet to a depth of about 8 feet is comprised of various clays. Prior to pond formation, the site was poorly drained with groundwater at or near the surface during winter months. Recent field investigations indicate groundwater sources support the Pond but are supplemented by some surface water runoff during rainfall. During the past 20 years, fill material has been placed around the entire pond edge. Retail buildings located directly north drain into the Pond and some of the parking lot runoff flows through the on-site biofiltration swale. However, there are no perennial surface water inflows, and a stormwater structure on the east side prevents outflow from the Pond unless extreme flooding occurs (Springwood Associates, Inc. 1995). The greatest depth of the Pond's open water area is about 6 feet. In addition to open water habitat, significant riparian shrub and upland forest habitats have developed on the site. The edge plant communities are fairly narrow but provide necessary cover and food for wildlife using the Pond. It is possible that some of this habitat formed from a seed source within the introduced fill material. Tukwila Pond's wetland boundary was field -delineated during the summer of 1994 by the City's environmentalist and wetland expert. A professional land survey of the wetland boundary and topography was conducted by Triad Associates, Inc. The entire wetland area is a distinct transition from upland fill to wetland or open water habitat. The southeast portion is a reed canarygrass area that seasonally floods. This area includes a remnant stream channel that was modified years ago but conveyed flows from the west valley ridge through the site to the Green River. Five discreet habitat types have been identified; upland area, riparian edge, open grass wetland, open water, and forested wetland (Watershed Dynamics, Inc. 1994). Tukwila Pond has been recognized as a unique feature in the urbanized Green River Valley. The Watershed Dynamic's wildlife study identified the area a "Priority Habitat" as defined by the Washington Department of Fish and Wildlife (WDFW). The study also documents the presence, from actual observation, of several species of wildlife which are listed by the WDFW (in certain habitat types or areas) as "Priority Species". These species are cormorant, grebe, cavity nesting ducks, red-tailed hawk, and great blue heron. As stated in this report, The presence (actual, historical, or potential) of these Priority Habitats and Species within the Park project area is an important element in park planning due to their recognized importance. Management guidelines established for these Habitats and Species provide a means by which development can occur in a non -detrimental fashion. 3 • • No direct documentation of breeding activities for (Priority Species) was obtained during our study. .... Because documentation is lacking regarding the specific criteria under which these animals may be categorized as Priority, it cannot be confirmed that the Pond site currently supports Priority Species as defined. It should be noted that after the Watershed Dynamic's study, the Department of Fish and Wildlife made changes to the Priority Habitats and Species List (WDFW 1996). The pertinent change is the inclusion of all game waterfowl (Anatidae -Swans, Geese, Ducks) to the List where there are significant breeding areas and regular concentrations in winter. Per the 1996 List (WDFW), Canada geese in urban areas are excluded. However, Mallard (Anas platyrhyncos) ducks would be considered a "Priority Species" utilizing habitat and breeding on the Tukwila Pond site. Tukwila Pond's habitats have been described in several recent investigations - (Blanchet 1996), (Springwood Associates, Inc. 1995), (Watershed Dynamics, Inc. 1994). Briefly described, the Pond has diverse vegetative cover that includes emergent marsh/wet meadow, dense scrub/shrub, and deciduous forest. Except for the large wet meadow of reed canarygrass, the vegetated habitats are fairly narrow fringe areas or isolated pockets. Invasive weedy species are present throughout and dominate some areas. Because the Pond's western, upland and riparian edge habitats are located on the proposed Park site, a detailed description is provided in the Conceptual Buffer Enhancement section. POTENTIAL WETLAND IMPACTS/BENEFITS The initial concept design for the Park has been revised to reduce the costs of construction. As a result, the amount of the Park's new impervious surface is minimal. Landscaped areas will be expanded to replace areas that were to planned as granite pavers. All walking trails will be built using crushed rock or similar material. The standard 100 -foot wetland buffer for Tukwila Pond would be reduced to 50 feet. This reduction of buffer setback distance will not impact any significant native vegetation or quality buffer area. Because of past filling and compaction, the Park site may not be very pervious. There are significant areas of sparsely vegetated or exposed soil surface. Regrading of the site will likely improve surface water runoff conditions but may not enhance infiltration. At least 50 feet of undisturbed buffer area will be maintained along the edge of the Pond. Temporary erosion control measures will also help prevent any sedimentation to the Pond from site preparation and construction activities. In addition, an environmental and geotechnical investigation of the Park site did not identify any known or suspected sources of contamination such as petroleum products or hazardous materials/waste (Dames & Moore, Inc. 1995). Degraded water quality conditions are present in the Pond. High concentrations of chlorophyll A and phosphorous were recorded during a 1994 sampling conducted by Seattle Metro (Blanchet 1996). 4 • • Site preparation and construction is planned for the 1997 summer season. Temporary erosion to the Pond is possible if it enters the existing biofiltration swale. However, containment of potential runoff and sedimentation appears to be feasible. Temporary, short-term impacts that could affect water quality are not anticipated for Park construction. The Park site will be landscaped with trees, shrubs, and groundcovers. New plantings will improve existing conditions related to exposed soil and surface water runoff. Long- term impacts could occur from park use waste and maintenance materials that contain toxic chemicals. Appropriate Park use and maintenance controls such as limited access to the shoreline, educational and restrictive signage, dense buffer vegetation, and appropriate weed control techniques will maintain water quality. Potential impacts to wildlife use are discussed in the Tukwila Pond Wildlife Utilization and Habitat Evaluation report (Watershed Dynamics, Inc. 1994). This report identifies the Park project's largest effect on wildlife as intrusion into the riparian edge habitat. The effects will likely be correlated to seasonal use of the Park and only impact the resting and feeding uses of waterfowl during daylight hours. The primary intrusion will be the use of two boardwalk observation walkways to the water's edge. These boardwalks can be located in areas that have been trampled and are currently used by occasional visitors fishing or observing at the Pond's edge. Controlled access and education are likely to be the best methods of minimizing the effects on wildlife. CONCEPTUAL BUFFER ENHANCEMENT Tukwila Pond is rated a Type 1 wetland and the City's Sensitive Areas Ordinance requires a 100 -foot buffer zone around it and associated wetlands. The buffer width can be reduced to 50 feet if enhancement is appropriate. Because greater than half of the 100 feet of buffer is disturbed with limited function, it is appropriate to allow the reduction. In addition, the buffer area directly adjacent to the Pond has limited vegetative cover in areas and contains weedy species throughout. There are 3 habitat zones or areas within the 50+ feet of buffer to be enhanced. These are Riparian Edge, Swale Wetlands, and Upland Fill. The Riparian Edge is described as a narrow forest and shrub zone along the entire west edge of the Pond. The overstory has clumps of mature to intermediate black cottonwood trees and smaller dead and dying red alder trees. Pacific willow and Sitka willow were observed growing along the edge of the Pond. Himalayan blackberry shrubs dominate much of the upland berm in this zone. Douglas hawthorne and red osier dogwood are also growing in this area. The Swale Wetlands are two narrow areas located between the Pond and the toe of upland fill. They are Type 3 wetlands and referred to as Wetland A and Wetland B (See Triad Associates Topographic Survey map). These slight depressions are 5 • • seasonally ponded and support emergent herb and grass species. Dominant species observed in these wetlands are tapered rush, soft rush, bentgrass, and creeping buttercup. A lesser cover of reed canarygrass, creeping spike rush, velvetgrass, and foxtail grass is also present. Several saplings of Oregon ash and black cottonwood are established in the swales. The Upland Fill area was formed from several filling events and includes sandy to clayey soil conditions. Vegetation in this area consists of shrubs and trees along the top of fill adjacent to the swale wetlands, and grasses and weedy herbaceous plants covering most of the remaining buffer area. Black cottonwood sapling and Scot's broom shrub cover is dense at the top of fill slope. Some Himalayan blackberry has also become established. The herbs and grasses observed include cat's ear, white clover, red clover, blue grass, common dandelion, orchard grass, false -dandelion, and plantain. Buffer Enhancement Goals The following general goals will be used to develop the buffer enhancement planting plan: 1) Eradicate and control invasive weed species to allow establishment of native plants for an enhanced wetland buffer. 2) Enhance the wetland buffer with native plantings that will add wildlife screening for food and cover benefits and overall habitat diversity to mitigate for buffer reduction. 3) Enhance riparian areas and required buffers with plantings that will simulate similar native habitat communities in species composition, cover abundance, and structure. 4) Create a natural design that optimizes multiple functions including water storage, water quality improvement, wildlife habitat, aesthetic value, passive recreation, and public education, where possible. Buffer Mitigation Concepts Standard wetland buffer setbacks for the Park site will be reduced as allowed by Tukwila's Sensitive Areas Ordinance (TMC 18.45). Buffer enhancement is proposed, where possible, in reduced buffer areas. Native tree and shrub species adapted to upland and riparian habitats will be planted to enhance and expand the existing forested buffer. The area for buffer enhancement is approximately 30,000 square feet (0.69 acres), and will be designed to add biological function and improve the value of the existing buffer. In addition to planting species that will improve wildlife habitat and 6 • • aesthetic value within the buffer along Tukwila Pond's edge, on-going maintenance will be necessary to promote survival of new plantings and control weed species. Enhancing the existing disturbed buffer area will mitigate for the use of nearly the same amount of upland fill buffer area. This upland fill portion of buffer has insignificant vegetative cover and its use, as part of the Park development, will also include new plantings. Ultimately, this area will be made more functional and improved for both human and wildlife use. All of the buffer mitigation will be designed with the intent to improve the existing buffer function and aesthetic value. Typical tree and shrub species for buffer enhancement may include the following native plants. Douglas fir flowering dogwood willow species western hemlock bitter cherry red osier dogwood western red cedar beaked hazelnut thimbleberry Sitka spruce Oregon ash nootka rose bigleaf maple bitter cherry red -flowering currant Schedule The Park's construction is planned for the summer of 1997. Due to grading and other construction activities occurring on the site, a fall planting is recommended for the buffer enhancement. The site is very open and summer drought conditions will likely have a detrimental affect on early planting. Performance Standard Planting design for a fall planting will specify primarily containerized stock. The anticipated minimum survival rate will be 80 percent. Planting will occur mostly in fill or disturbed soil. Organic and mineral topsoil amendments will be needed throughout the buffer. A professional landscape contractor is recommended for plant installation. The contractor should replant and maintain the installation for a period of at least 1 year for a 100 percent survival. Monitoring Mitigation monitoring is suggested for the Park's buffer enhancement plan. A 3 -year monitoring program conducted by a qualified professional including wetlands biologist, botanist, or landscape architect with appropriate experience will visit the site at least once a year after the summer season. The general goals of monitoring are 1) assess the establishment of buffer plantings, 2) determine maintenance needs within the buffer, and 3) correct deficiencies or failures as part of a contingency. Annual monitoring reports will be provided to the City. The City of Tukwila will ensure the establishment of the buffer enhancement plan. 7 REFERENCE LIST (Tukwila Pond Studies) B -twelve Associates, Inc. 1991. Tukwila Pond, City of Tukwila Wetland Analysis. Prepared for Speiker Partners, Ferris Company. July. Blanchet, Richard. 1996. Effects of Urbanization and Development On Tukwila Pond: Evaluation of the Rate of Wetland Alteration Using Plant Communities. Prepared for Wetland Management and Delineation Certificate Program, University of Washington. Dames & Moore, Inc. 1995. Tukwila Pond Park Environmental and Geotechnical Investigation. Prepared for the City of Tukwila. January. Speiker Partners. 1988. Environmental Assessment and Expanded Checklist Submitted for SEPA Approval, Tukwila Pond Center. Principal contributors - Mackenzie/Saito & Associates, Mithun Partners, GeoEngineers, Independent Ecological Services, Stephan & Associates, Barghausen Consulting Engineers, and Christopher Brown, P.E. Speiker Partners. 1990. Draft Environmental Impact Statement Submitted for SEPA Approval, Southcenter Plaza Phase II. Principal contributors - The Ferris Company, GeoEngineers, Christopher Brown, P.E., Independent Ecological Services, and Barghausen Engineers. August. Seattle City Light. 1976. Environmental Assessment: Tukwila Pond Fill Proposal. SEPA document prepared for the City of Tukwila. Springwood Associates, Inc. 1995. Tukwila Pond Conceptual Wetland Restoration Plan. Prepared for the City of Tukwila. January. Triad Associates, Inc. 1994. Topographic Survey of Tukwila Pond. Prepared for the City of Tukwila. Watershed Dynamics, Inc. 1994. Tukwila Pond Wildlife Utilization and Habitat Evaluation. Prepared for the City of Tukwila. August. 8 Parking b Strander B. Parking Target Viewing Gazebo.. - IIiII!Illl'Itlil W1I11111,W;i:;:. Retail Property Una Edged Wetland - Edge d Pond Dobfetree Wei rop - off Observation Platform (ADA Am...LM, lnwpr.dr+ S{7<u0.) Wetland er iye Restroom (ADA .m...e'.) Parking Bus Parking' To R lie —Observation Platform (ADA Aco...rw. h W.p.. . S4ro.) Parking ADA Parking .4 worn) — y- Wetland Observation Platform lAD'1 Ammo/kW, trr.rpr.aV. ekirvp.) -. . am b Sauthcenter Blvd. Bon Warehouse •Master Plan City of Tukwila ,Department of Parks and Recreation May. 1996 Boeing computer services 1 Poo feet CITY OF TUKWILA COMMUNITY DEVELOPMENT DEPARTMENT Environmental Checklist A. BACKGROUND 1. Name of proposed project, if applicable: Tukwila Pond Park 2. Name of applicant: Tukwila Pond Committee 3. Address and phone number of applicant and contact person: Bob Braukus, Chairman 395-6880 Tukwila Pond Committee 6200 Southcenter Boulevard Tukwila, WA 98188 4. Date checklist prepared: March 20, 1997 5. Agency requesting checklist: City of Tukwila 6. Proposed timing or schedule (including phasing, if applicable): Basic construction to begin Spring/Summer of 1997, completion by late fall, 1997. Pathway to Target Store may be considered in the future. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Future foot trail connections to the park may be developed to Andover Park West Street along the South property line on private property (easements to be obtained). i 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Tukwila Pond Park Environmental and Geotechnical Investigation, January 20, 1995; Andover Park Plaza Geotechnical Investigation, November 11, 1986; Tukwila Pond Park Water Quality Impacts Assessment, January 20, 1995; Tukwila Pond Wildlife Utilization and Habitat Evaluation, September 18, 1994; Tukwila Pond Conceptual Wetland Restoration Plan, January 11, 1995; Tukwila Pond, City of Tukwila Wetland Analysis, 1991; Effects of Urbanization and Development On Tukwila Pond: Evaluation of the Rate of Wetland Alteration Using Plant Communities, 1996; South 168th Street Draft, Environmental Impact Statement (DEIS), 1987; Environmental Assessment & Expanded Checklist Submitted for SEPA Approval, Tukwila Pond Center, 1988; Southcenter Plaza Phase II Draft Environmental Impact Statement (DEIS), 1990 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No 10. List any government approvals or permits that will be needed for your proposal, if known. Land Altering Permit Building Permit (for restrooms/interpretive building) Sign Permit Planning Commission determination of parking requirement Sensitive Area Wetland buffer reduction 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The proposed 3.3 acre park will provide passive recreation space with picnic tables, benches, crushed rock paths and two viewing platforms looking at the pond and Mt. Rainier. Educational exhibits in the park will supplement the interpretive information displayed in the open -sided shelter building which will also have ADA restrooms. Plants and trees native to this region will provide a Northwest feel to the park. No major earthwork or fill is planned for this project. A 50 foot wide greenbelt buffer between the park area and the pond will be enhanced as mitigation per TMC 18.45.040. No access to the water or the shoreline will be developed except the two viewing platforms that end at the water's edge. Refer to the attached drawings. 2 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The northwest corner of the 25 acre parcel is located approximately 605 feet south of Strander Boulevard and 650 feet east of Tukwila Parkway. The eastern property line parallels Andover Park West and the southern property line fronts the South 168th area. The three acre park site is located on the western edge of the property, 687 feet long and 200 feet wide. See attached drawings for detailed information. 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive. The pond itself is a Type I Wetland with a basic buffer area of 100 feet. The site development area lies within the 100 foot buffer area, however, no wetland areas will be disturbed. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one other olling, hilly, steep slopes, mountainous, The site is mostly flat with limited topographic relief around the edge of Tukwila Pond from past filling. b. What is the steepest slope on the site (approximate percent slope)? 50 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The soil map unit surveyed by Soil Conservation Service (1973) is Urban land (Ur) which indicates natural soil layers have been disturbed and generally filled for 3 development. A mixture of soils have been observed on the project site including clay, sand, and silt combined with gravel. Organic silt and muck soils are present in the Pond and wetland fringe. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Surface grasses and debris will be removed only from that portion of the site lying greater then 50 feet from the edge of the pond. Minor grading will provide level spaces for the interpretive/restroom buildings, paths, picnic tables, and landscape areas. Crushed rock for paths (plus or minus 400 cubic yards) and topsoil (plus or minus 100 cubic yards) will be brought in from commercial sources. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. g. Erosion into Tukwila Pond could occur if control measures are not installed and implemented. However, because of the site's flat topographic relief, preventing erosion and controlling surface water runoff is feasible through compliance with Tukwila's surface water management regulations. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt, or buildings)? The only impervious surfaces will be the pad/roof of the building (plus or minus 1800 sq. ft.) and small pads for the lights. The pathways and plaza will be crushed rock. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Install berms, siltation fencing, and straw bales where needed. Areas to be re - vegetated as part of the park. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. 4 Emissions from construction equipment. Off-site parking is planned for the park which will have mostly walk-in use. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No c. Proposed measures to reduce or control emissions or other impacts to air, if any: The Park project site is relatively small (less than 3.3 acres) with limited construction activity proposed for its development. Impacts to the air are temporary and will primarily occur during site grading. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The Tukwila Pond property is approximately 25 acres in total size. The Pond includes about 15 acres of open water that lies directly east of the project site. In addition to the open water component, there are associated fringe wetland areas around most its shoreline. A significant area of seasonally flooded wetland exists directly south of the Pond's open water habitat. Due to the surrounding urbanization, there is no normal outfall that drains the pond. The connection to the City's storm drainage system is an outlet controlled by a floodgate. Due to the excess capacity of the Pond site, discharge from the Pond and into the City's drainage system may occur only during a 100 -year storm event. Generally, the Pond site is a closed drainage basin that provides storage for rainfall and local runoff from portions of adjacent properties. Most of the surrounding property area drains via tightline storm drainage systems that convey flows to the Green River. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. 5 • • The Park project will require work adjacent to Tukwila Pond and the "adjacent" wetlands existing along the west edge of the Pond. These wetlands are small, narrow swales that have no physical wetland connection to the Pond and appear to be isolated by definition using Tukwila's Zoning Code (Title 18, 12/96). As part of this project, these wetlands will serve to further protect and buffer the Pond's open water habitat. In addition to preserving the on-site isolated wetland swales, the Pond will have a 50 -foot enhanced buffer from the established wetland boundary. The attached site (Appendix #4) plan shows the wetland boundaries, the enhanced buffer areas, and the extent of Park development. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. There will be no filling or dredging of wetlands or surface water features. Only the upland portion of the site, west of existing wetland areas, will be affected by land altering activities. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. There will be no withdrawal or diversion of surface water. 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. The undeveloped site lies entirely within the Green River 100 -year floodplain (the River meanders south to north approximately 0.5 mile to the east). An Army Corps of Engineers river levee protects the Tukwila business district, including properties surrounding the Pond, from river flooding. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 6 • • 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic Sewage; industrial, containing the following chemicals ...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. On-site restrooms will be served by local sanitary sewer system. There will be no waste material discharged into the ground. The sanitary sewer is located at Strander Boulevard and a side -sewer extends to within 100 feet of the north property line of the park. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this waterflow? Will this water flow into other waters? If so, describe. A portion of the Park site's runoff may drain into the small, isolated wetlands adjacent to the Pond. Some overland runoff may also enter Tukwila Pond. A small percentage of the site will have impervious surfaces (interpretive and restroom only about 1,800 sq. ft.). It is anticipated that some of the runoff will be collected and routed into the existing biofiltration swale located on the north side of the site. The percentage of impervious surface is .01% of the improved site. The rest of the Park site will be landscaped or left in a relatively pervious condition. 2) Could waste materials enter ground or surface waters? If so, generally describe. Very little waste is expected from Park use and none will enter ground or surface waters. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Surface water impacts are minimal; however, the City of Tukwila Surface and Storm Water Management Ordinance (#1755) will be used in the site design. 4. Plants a. Check or circle type of vegetation found on the site: _x_deciduous tree: alder, maple, aspen, other _x evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain _x_ wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other _x_ water plants: water lily, eelgrass, milfoil, other other types of vegetation Please refer to: Project Wetland Review and Conceptual Buffer Enhancement Plan for Tukwila Pond Park (attached) b. What kind and amount of vegetation will be removed or altered? Site grading will include the removal of various native and weedy species. Much of the site is covered with weedy herbaceous species. The area also has blackberries and Scot's broom shrubs. Black cottonwood saplings are prevalent in the southern portion of the Park site. c. List threatened or endangered species known to be on or near the site. No threatened or endangered species have been documented as using the Tukwila Pond site per the results of a recent wildlife investigation (Tukwila Pond Wildlife Utilization & Habitat Evaluation, Watershed Dynamics, Inc. 1994). Please see this referenced report and listed references. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Tukwila's Sensitive Areas Ordinance (SAO) regulates the use of wetlands and the associated buffer zones. The Park project will not use or encroach into the main wetland pond or three Type 3 wetlands. Another Type 3 wetland in the southwest corner of the upland area will be crossed by a boardwalk bridge. It will be requested that the standard buffer setback distance of 100 feet be reduced by 50 percent through its enhancement with native vegetation as allowed under TMC 18.45.040. Buffer use and reduction is consistent with Tukwila's SAO standards. The buffer areas to be reduced and enhanced currently have low habitat value from previous clearing and filling. Much of the area is comprised of non-native grass and shrub plants. A diverse mixture of trees, shrubs, and where appropriate, groundcover plants will be added to the Pond wetland buffer area. The minimum 8 • • buffer zone that will be maintained for Tukwila Pond is 50 feet. Portions of this buffer are extended around the small, isolated wetlands near the Pond's edge. The park area will be landscaped with native shrubs and trees. No large sod areas are planned. Please see the attached site Project Wetland Review and Conceptual Buffer Enhancement Plan for Tukwila Pond Park, 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other:_x_ mammals: dear, bear, elk, beaver, other: x fish: bass, salmon, trout, herring, shellfish, other: x The only mammal listed as possibly using the site are muskrat, rabbit, and brown rat. The only fish species observed was brown bullhead. Please refer to Tukwila Pond Wildlife Utilization & Habitat Evaluation, Watershed Dynamics, Inc. 1994, for list of waterfowl, passerine birds, and others using the Pond site. b. List any threatened or endangered species known to be on or near the site. There are no known, threatened or endangered species using or being supported by the site. However, it has been determined that Tukwila Pond meets the definition of "Priority Habitat" as defined by the Washington State Department of Fish and Wildlife (WDFW) (Watershed Dynamics Inc. 1994). "Priority Species" include protected species that WDFW believes are vulnerable to future listing and species with recreational importance that are vulnerable to impacts because of lost or degraded habitat. The Priority Species observed on the site are not listed as endangered, threatened, sensitive, or candidate but are protected under certain habitat situations. No direct documentation of breeding/nesting activities for the Priority Species was obtained during the most recent habitat and wildlife investigations. c. Is the site part of a migration route? If so, explain. The site is within the Pacific Flyway and is used by birds that normally migrate through western Washington in spring and fall. The Pond provides habitat for significant numbers of marine birds, waterfowl, and passerine species. d. Proposed measures to preserve or enhance wildlife, if any: 9 • • Buffer areas around the western portion of the Pond will be enhanced and maintained for wildlife use. Pond use and intrusion will be limited to viewing associated with Tukwila Pond Park. The Park is planned as a day use area only and will have minimal disturbance features during night hours. Lighting will be minimal around buildings and at main entrances. 6. Energy and Natural Resources a. What kinds of energy (electrical, natural gas, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. There will be only one enclosed building for the Park project. An interpretive/ restroom will be built on the site that will require electrical services. b. Would your project affect the potential use of solar energy impacts, if any: No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any? Minimal lighting will be installed because the Park will be for day use only. There will be no on-site parking and this will encourage shared commutes, bus use and walking to the site. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required. Emergency access to the site will be available on the north side, west side of the Target Store. 2) Proposed measures to reduce or control environmental health hazards, if any: 10 None exist. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other): The nearest street traffic is along Southcenter Parkway to the west and Strander Boulevard to the north. The Bon Marche Company has a warehouse with associated truck traffic that borders the Park site on its south side. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. There will be short-term noise from construction machinery and related transporting of materials for building the Park site. The standard hours for construction activities are 7:00 AM to 4:30 PM and may be adjusted if noise levels affect adjacent properties. As a passive park, limited noise would be created by people visiting the site. 3) Proposed measures to reduce or control noise impacts, if any: On-site grading and construction is expected to require large machinery. Noise associated with constructing the Park will occur only during daytime hours. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The site is undeveloped and has no official use to the landowner or the public. Adjacent property uses consist of a home furnishings warehouse, a large hotel, and several retail stores. b. Has the site been used for agriculture? If so, describe. Not in recent years. c. Describe any structures on the site. There are no building structures on the site. 11 • • d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? The current zoning is Tukwila Urban Center (TUC) with an overlay district of Public Recreation Overlay (PRO). The PRO is intended to reserve certain areas owned or controlled by a public or quasi -public agency for either passive or active public recreation use. f. What is the current comprehensive plan designation of the site? g. The current comprehensive plan designation is Public Recreation Overlay. As an overlay district, the PRO district may be combined with any other district established by Tukwila's Zoning Code. If applicable, what is the current shoreline master program designation of the site? Does not apply. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Tukwila Pond has been included as Inventoried Wetland #9 in the City's Sensitive Areas Overlay. The Pond is rated a Type 1 wetland because of its size and diversity. i. Approximately how many people would reside or work in the completed project? No residents, weekly maintenance by City Park's crew. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None needed. 12 • • 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Comprehensive Plan designates site as recreation/open space. Standards and requirements of Sensitive Areas Ordinance have been applied to site design. Probable review of project by the Planning Commission to ensure adequate parking. m. Proposed measures to avoid or reduce shoreline and land use impacts are: Avoidance of sensitive area impacts and minimize creating new impervious surfaces. Traffic impacts are not anticipated due to off-site parking and central location of project site for business district users. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing provided. b. Approximately how may units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. No housing provided. c. Proposed measures to reduce or control housing impacts, if any: No housing provided. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The interpretive/restroom building will be about 22 feet tall. Wood will be used for its exterior. b. What views in the immediate vicinity would be altered or obstructed? 13 • . Views will not be altered or obstructed. c. Proposed measures to reduce or control aesthetic impacts, if any: The site will be enhanced after the park project has been completed. Enhancements include new landscape plantings throughout the site. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Minimal lighting will be proposed for safety at the building and entrance areas. Lighting will be on throughout the night. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? Do not anticipate any affect from off-site sources of light. d. Proposed measures to reduce or control light and glare impacts, if any: Special bollard lighting and several 20 foot pole features will be used when lights are left on at night. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? The project is a park designed for education and passive recreation. b. Would the proposed project displace any existing recreational uses? If so, describe. There is no current or past official recreation uses of the site. Wildlife viewing has occurred as an unofficial activity. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 14 • • The new passive park areas will provide access that did not occur before park development. Habitat and wildlife education exhibits will enhance the enjoyment by visitors. Wildlife viewing will be enhanced. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. Do not know of any significant historic or cultural features. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Do not know of any related features. c. Proposed measures to reduce or control impacts, if any: No proposed measures. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Southcenter Parkway is west of the site and may provide access through an existing retail center or hotel. A pathway is planned from the Southwest corner of the park to Southcenter Parkway. Strander Boulevard exists on the north and can provide direct access to the site via a City easement/existing driveway. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? A transit stop is located at Strander Boulevard near the Target Store driveway entrance, approximately 1,100 feet walking distance to the northwest corner of the park, another 650 feet from the southwest corner to Southcenter Parkway. c. How many parking spaces would the completed project have? How many would the project eliminate? 15 Off-site parking is planned and because the project is a public park the number of spaces needed will be determined by the Planning Commission. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No road improvements are anticipated for this project. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. g. Although designated off-site parking is planned, direct access into the Park will be by walk-in. The typical peak traffic volumes for the Business District occur during the winter months. Park use will be greatest during the summer months. Proposed measures to reduce or control transportation impacts, if any: Most of the land uses surrounding the Park are retail oriented with adequate parking and transportation infrastructure. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. It is likely the need for police services will increase during a portion of the year when Park use increases. Increased use will probably start in the spring and decrease in the fall to coincide with significant changes in the weather. Routine park -type maintenance will be performed. b. Proposed measures to reduce or control direct impacts on public services, if any. The park will be open only during daylight hours. 16. Utilities 16 a. Circle utilities cur_rentjy available at the site: ephone�, septic system, other. All of the above utilities are available near the site. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Utilities needed for the project are electricity, water, sanitary sewer. C. SIGNATURE The above answ s are true and complete tohe best of my knowledge. I understand that the lead agency i lying on y to make decision. Signature: Date Submitted: 17 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these question, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish or marine life? Proposed measures to protect or conserve plant, animals, fish or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impact are: 18 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: How does the proposal conform to the Tukwila Shoreline Master Plan? 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. 8. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what policies of the plan. Proposed measures to avoid or reduce the conflicts are: 19 • • E. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT PROPOSALS The objectives and the alternative means of reaching the objective for a proposal will be helpful in reviewing the aforegoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental information provided and the submitted plans, documents, supportive information, studies, etc. 1. What are the objective(s) of the proposal? To provide a passive park/educational opportunity serving the Tukwila central business district, while protecting the environmental/habitat values of the site. 2. What are the alternative means of accomplishing these objectives? 1. Build a park at an alternative site in the central business district. 2. Take no action. 3. Please compare the alternative means and indicate the preferred course of action. Neither of the alternatives would accomplish all of the objectives of the proposal (recreation/education/preservation). 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what policies of the plan. No, the proposal is supported by the City of Tukwila Comprehensive Land Use Plan, 1995. See examples Policies 10.2.1 and 10.2.9. Proposed measures to avoid or reduce the conflict(s) are: N/A 20 • • TUKWILA POND STUDIES Reference List Andover Park Plaza Geotechnical Investigation, November 11, 1986 Effects of Urbanization and Development On Tukwila Pond: Evaluation of the Rate of Wetland Alteration Using Plant Communities, 1996 Environmental Assessment and Expanded Checklist Submitted for SEPA Approval, Tukwila Pond Center, 1988 Southcenter Plaza Phase II Draft Environmental Impact Statement (DEIS)., 1990 South 168th Street Draft Environmental Impact Statement (DEIS), 1987 Tukwila Pond, City of Tukwila Wetland Analysis, 1991 Tukwila Pond Conceptual Wetland Restoration Plan, January 11, 1995. Tukwila Pond Park Environmental and Geotechnical Investigation, Jan. 20, 1995 Tukwila Pond Park Water Quality Impacts Assessment, January 20, 1995 Tukwila Pond Wildlife Utilization and Habitat Evaluation, September 18, 1994 17\d Tukwila Pond Park TUKWILA POND COMMITTEE 6200 Southcenter Blvd. Tukwila, WA 98188 Phone: (206)395-6940 Fax: (206) 747-1597 OFFICERS: CHAIRMAN: Robert M. Braukus VICE-CHAIRMAN: John W. Rants SEC'YJTREASURER: Iris L. Tocher DIRECTORS: ROBERT M. BRAUKUS Puget Power KEITH A. BUCK Doubletree Hotels Seattle BARBARA COPLEN Printing Control MICHAEL FOTHERINGILL National Bank of Tukwila MABEL J. HARRIS National Bank of Tukwila JUDITH A. LINDSAY Key Bank - Andover Branch DENNIS NEWELL Kinko's Business Services KATHY PETERSON The Bon Marche JOHN W. RANTS Mayor, City of Tukwila MARIO SEGALE M.A. Segale, Inc. DAVID B. THOMAS N.C. Machinery IRIS L. TOCHER Mandela Resources March 20, 1997 Still wi�hin.our hasp.... within,our rasp ... . Mr. Steve Lancaster, Director Department of Community Development 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Tukwila Pond Park Project - Request to Reduce Buffer Width Dear Mr. Lancaster: The Tukwila Pond Committee has plans to develop the western park area of the Tukwila Pond property. As part of the park's development, we formally request the reduction of the 100 foot buffer area to 50 feet as describe in our S.E.P.A. Environmental Checklist dated, March 20, 1997. This reduction of the standard wetland buffer is allowed under section TMC 18.45.040. An enhancement plan has been prepared for the 50 foot buffer area which meets the mitigation requirement of this section of the code. We respectfully ask your consideration of this request as we plan to move forward with the project within the next few months. A timely response would be appreciated. Since R. M. Tukwila Pond Committee 1 - NI - .. dr / ._or, , ...- -At atid -- "-1: — -- ,_ Po goAle- , . Fej . 778 ?(S? 07 ( - 07 7(9 -,,,.........vg ...,,,,„ STRANDER 13LVD 1- w CSC 2 ADA PARKING SITES 5 PARKING STALLS IN BON MARCHE PARKING LOT 1 1 I �' --- 5 PARKING STALLS NEXT TO ANDOVER PARK WEST • TUKWILA POND WILDLIFE UTILIZATION AND HABITAT EVALUATION DON WILLIAMS WATERSHED DYNAMICS EXECUTIVE SUMMARY The City of Tukwila, Department of Parks and Recreation, is involved in the planning and proposed improvement of public recreation opportunities within the Tukwila Pond project area located south of the Target retail store near the intersection of Strander Boulevard and Andover Park West. These opportunities are intended to increase the value of the Pond. as a public resource while ensuring that negative impacts to wildlife utilization and habitat availability are avoided and minimized. This document focuses on an evaluation of wildlife presence and utilization of the open water, nearshore, and upland habitats of the Tukwila Pond area. Such evaluation allows for the assessment of potential impacts to wildlife utilization :and habitat use resulting from site developments which increase or facilitate public use of the Pond. The species of greatest concern, and the overwhelming* majority of wildlife species documented, were avian species. . This evaluation concludes that the Tukwila Pond area presently provides wildlife habitat opportunities which meet the definition of Priority Habitat as defined by the Washington Department of Fish and Wildlife (WDFW). Such Priority Habitats are scarce in the highly developed lower Green River basin area. The study also documents the presence of several species of wildlife which are listed by the WDFW (in certain habitat types or areas) as Priority Species. Priority Species is defined by the WDFW as "those species that are presently state or federal endangered, threatened, sensitive, or .candidate because these species require special attention. Priority Species also includes species that the WDW (WDFW) believes are vulnerable to future listing and species with recreational importance that are vulnerable to impacts because of lost or degraded habitat. " Priority Habitats support "unique or a wide diversity of wildlife and must be protected to prevent further species losses". The wildlife (and specific habitat types) which meet the definition of a Priority Species are: Common Name (Scientific name) Cormorant (Phalacrocorax auritus) _Grebe (Podilymbus podiceps) Cavity Nesting Ducks Wood Duck Bufflehead Red-tailed hawk Trumpeter Swan Great Blue Heron Pectoral sandpiper State! Federal Status (breeding and non -breeding concentrations) (non -breeding concentrations) (Aix sponsa) (Bucephala albeola) (Buteo jamaicensis) (Cygnus buccinator) (Ardea herodias) (Calidris melanotos) Protected) Protected) J Game1 Game1 Protected2,a Game3,a State Monitor) Protected4,a 1 breeding areas 2 Breeding areas in urban or urbanizing areas only 3 regular small or Targe concentrations during migration or winter a historical presence documented - personal communication Mr. Eugene Huhn. (The Trumpeter Swan observation was noted in a December, 1977 Audubon Society Newsletter) 4 Non -breeding concentrations in regular concentrations The presence (actual, historical, or potential) of these Priority Habitats and Species within the Park project area is an irnportant element in park planning due to their recognized importance. Management guidelines established for these Habitats and Species provide 'a means by which development can occur in a non -detrimental fashion. No direct documentation of breeding activities for the cormorant,'great blue heron, grebe, wood duck, or red-tailed hawk was obtained during our study. Additionally, the presence of the trumpeter swan and pectoral sandpiper were gained anecdotally. Because documentation is lacking regarding the specific criteria under which these animals may be categorized as Priority, it cannot be confirmed that the Pond site currently supports Priority Species as defined above. The Priority Habitat types (and associated WDW definitions) documented within the Tukwila Pond project area are: Urban natural open space. " isolated remnant of natural habitat larger than 10 acres and is surrounded by urban development." Freshwater wetlands and deepwater habitats. "Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water." Tukwila Wildlife Report 3 Riparian. "An area adjacent to flowing water that contains elements of both aquatic and terrestrial elements which mutually influence each other." Though typically defined as those areas adjacent to flowing waters, this habitat type is included within the project site due to the degree to which portions of the nearshore area meet a further definition provided . by the WDFW "riparian habitat is often characterized by a structural and compositional diversity of natural vegetation that is a result of high productivity and/or recent natural disturbance, such as seasonal or periodic flooding. Our study indicates that the Pond site provides valuable habitat for a diversity of wildlife, particularly bird species, within an urban area. The site appears to be used as a permanent habitat for some animals and as a migratory stop -over for others. Based upon this study, the most heavily -used Habitat Type appeared to be the Riparian Edge and the least heavily -used was the Upland area. However, the delineation of discrete Habitat Types is a uniquely humans pursuit. Most species do not stay within only one Habitat Type and the combination of several Habitat Types within the study site is one of the factors which add to the overall worth of the Tukwila Pond. As such, proposed park development activities should be designed to avoid adverse impactswithin each of the Habitat Types, particularly within the Riparian Edge. Tukwila Wildlife Report 4 TABLE OF CONTENTS . EXECUTIVE SUMMARY — 2. INTRODUCTION 5 STUDY PURPOSE 6 PROJECT SITE DESCRIPTION 6 BACKGROUND INFORMATION 6. City of Tukwila 6 Audubon Society 7 Washington State Department of Wildlife (WDW) 7 Washington State Department of Natural Resources (DNR) 7 Other Consultant Studies 7 IES Associates Study 7 Southcenter Plaza Phase II 8 Preliminary Draft Environmental Impact Statement Report 8 ONSITE ANALYSIS 8 STUDY METHODOLOGY 8 Habitat Types 9 FIELD OBSERVATION RESULTS 11 Bird Species 14 Habitat Use 14 Terrestrial Wildife 14 ADDITIONAL OBSERVATIONS 15 WILDLIFE ACTIVITIES 15 Feeding. 15 Mating/Courtship 15 Brood Rearing 16 EXISTING RECREATIONAL USE 16 DISCUSSION 16 REFERENCES 19 APPENDIX A SPECIES LIST 20 APPENDIX B ONSITE OBSERVATIONS -Daily Logs 23 APPENDIX C Background Data 24 Tukwila Wildlife Report 5 INTRODUCTION This document details the culmination of activities and onsite evaluations undertaken by WATERSHED DYNAMICS, Inc. (WDI) to complete an analysis of wildlife population presence and existing habitat utilization within the Tukwila Pond area, located within the City of Tukwila, King County, Washington (Sec. 26, Twn 23, Rge 4E, WM). This document also provides guidance for minimization and avoidance of impacts associated with proposed site development planning. The Tukwila Pond project site provides open water, nearshore, and upland habitat opportunities. The Pond site was once an actively farmed pasture which has been altered as a result of the development of surrounding areas and the subsequent alteration to site hydrology. The Pond now provides habitat for numerous species of wildlife, most noticeably bird species. Estimates of the presence of over 50 species of wildfowl have been documented by the State of Washington Department of Wildlife, King County, and the local Audubon Society membership. Small mammals, reptiles, and amphibians are also documented. Observed wildfowl range from year-round resident species common to urbanized areas to those species utilizing the Pond for only a brief period during their annual migration. Of particular concern are those species listed by the State of Washington or the U.S. Fish and Wildlife Service as endangered, threatened, sensitive, or monitored. Wildfowl species observed within the Tukwila Pond site which may fit into these categories (under specific conditions) include: great blue heron (Ardea herodias) and cavity nesting ducks such as bufflehead (Bucephala albeola) and wood duck (Aix sponsa). In addition, though their presence was not documented during this study, the Pond area has been documented to provide/have provided habitat for other State -listed species such as the trumpeter swan and the red-tailed hawk (Huhn, pers. comm.). Tukwila Wildlife Report 6 STUDY PURPOSE The purpose of this study is to integrate natural resources into the City's natural areas planning process through the identification of species presence and habitat opportunities. This information is invaluable for Tong -range development of natural areas to ensure minimal impact and maximum stewardship of environmental systems. Study goals are two -fold. The first goal is to provide an assessment of wildlife, in particular wildfowl, which utilize the open water, wetland, 'and upland areas of the Tukwila Pond system. This assessment is completed by review of existing data, anecdotal information, and onsite observations. The second goal is to provide an assessment of the existing habitat opportunities within the Pond system. PROJECT SITE DESCRIPTION The project site is located within the City of Tukwila, in southern King County (Section 26, Township 23N, Range 4E, W.M.) (Figure 1). The Pond is bordered by Andover Park West to the east and retail and business establishments to the north, south, and west. The Tukwila Pond study site is approximately 24 acres in total size and is comprised of a number. of wetland class types, including emergent, scrub -shrub, and forested, as well as an openwater component approximately 19 acres in size. The mixture of these communities provides highly diverse wildlife habitats. BACKGROUND INFORMATION Biologists from Watershed Dynamics evaluated the existing background information regarding wildlife utilization of park habitats. Sources of information include the Washington Department of Wildlife, the Seattle Audubon Society, independent research literature, and reports generated previously by other consultants. Information obtained includes species presence and relative abundance, seasonality of use, degree of park use byvisitors, and concerns as voiced by user groups such as the Audubon Society. City of Tukwila Existing information provided by the City of Tukwila is provided in Appendix C. This Table lists 54 species of wildfowl and four species of mammal and their documented seasonality of use of the Pond. Tukwila Wildlife Report 7 PROJECT SITE _ TAtp.14 vat TIONAL AIRPORT PROJECT SITE FIGURE I. SITE LOCATION MAP WATERSHED DYNAMICS 1421 I7TH STREET S.E. MM. a. bOoZ (206) 733-4268 Audubon Society Background information provided by the Seattle Audubon Society is provided in Appendix C. This list includes only those species which have been -observed and which are not included within the list shown in Appendix A. A review was also made of the Seattle Audubon Society Trailside Series reference book "Birding in Seattle and King County". This book lists historical bird presence (through 1982) throughout a large portion of the Puget Sound Basin and includes a section on Tukwila Pond. The birds listed as being observed at Tukwila Pond, which were not documented during the WDI study, includes the bittern* (Botaurus /entiginosus), Virginia rail (Rallus limicola), tree swallow (Tachycineta bicolor), Western meadowlark (Sturnella neglecta), cinnamon teal (Anas cyanoptera), Northern harrier (Circus cyaneus), and rough -legged hawk (Buteo lagopus). Washington State Department of Wildlife (WDW) A review was made of the WDW Priority Habitats & Species and Natural Heritage Wildlife Data to determine the presence of Priority Species or Habitat types within the project site. No documentation was found regarding the presence of Priority Species. The mapping provided as part of this review identified two wetland types associated with Tukwila Pond; Open -Water and Palustrine. Washington State Department of Natural Resources (DNR) A review of the Natural Heritage Information System (NHIS) maintained by the DNR was completed as a part of the background data research done for this project. The results of the NHIS review indicated "no records for rare plants, high quality native wetlands or high quality native plant communities in the vicinity of your project". Other Consultant Studies Two studies of the Tukwila Pond area completed previously were provided to WDI by the City of Tukwila. IES Associates Study. This report dated October 18, 1990 and completed for The Ferris Company was done in relation to the proposed construction of ,a four story office building. The species observed during this study paralleled those documented during this current study. The IES study also documented the presence of red -legged frogs (Rana aurora), ring- necked pheasants (Phasianus colchicus), and rab.bits (Sylvilagus sp), species not observed during the WDI study. Tukwila Wildlife Report 8 Southcenter Plaza Phase II Preliminary Draft Environmental Impact Statement Report This report, dated August 1990 and authored by the Ferris Company was done in association with the proposed construction of a seven -story hotel and separate one- story restaurant. Information presented in this report included work completed in a number of previous site studies including the Chartwell Development Corporation (12/79), the Springridge Development (11/83), the Commercial Design Associates (1985), and the 168th Street South project (6/87). In addition to an analysis of terrestrial species and birds, .the study included a benthic analysis and fish -shocking survey. The benthic analysis study concluded "that the main body of the pond, particularly the north edge, does notprovide a significant food source for fish or other aquatic organisms in the water or for insectivorous birds" (emphasis added). The fish shocking study resulted in the capture of a number of even -aged individuals of brown bullhead (lctalurus nebulosus). The results of the shocking study were taken as an indication of a limited food supply and a stunted population. The bullhead were presumed to have been planted between 1976 and 1986. . Prior to 1976 there was no water, or was intermittent water, in the pond. The Southcenter Plaza Phase II report also reviewed bird and terrestrial animals presence and concluded that, in general, there appears to be little use of the pond for nesting and brood raising and that "the total number of nests and diversity of species nesting (based on variations in nest types), was more limited than would be expected from the bird lists supplied by the Audubon Society' (emphasis added). ONSITE ANALYSIS STUDY METHODOLOGY WDI staff completed biweekly observations at the project site during the months of April, May, and June, 1994. Field observations were conducted at various time periods of each sample day to assure appropriate sampling of species utilization. The majority of the observations occurred during early morning hours just after sunrise when wildlife activity within the park areas was greatest. Field data collection was based on the Transects Methodology as described within the U.S. Department of the Interior •- Bureau of Land Management publication "Inventory and Monitoring of Wildlife Habitat". Tukwila Wildlife Report 9 • The onsite wildlife observations coincided with the end of the spring/early summer period and the start of the nesting and brood rearing season. This observation period allowed WDI to document those species which utilize the Tukwila . Pond area seasonally (Le. double -crested cormorant,, Phalacrocorax auritus, and cedar waxwing, Bombycilla cedrorum) as well as those species that are likely to be resident year-round (mallard, Anas platyrhynchos). In addition to documenting the species observed, information recorded included: habitat utilization within the site, time of day, and general notes on activity. Onsite observations were completed using hand-held 10X50 and 10X25 binoculars and a 10X to 30X spotting scope. Species identification was accomplished following . A Field Guide to Western Birds (Peterson, 1990) and The Audubon Master Birders Guide (various authors, 1989). Observational data are provided in Appendix B. Habitat Types An initial site visit was made in March of 1994 to assess the general habitat types present within the Pond area. The results of this trip was the delineation of the site into five discrete, though artificial, habitat types (Figure 2). These habitats were defined as follows: Upland Area This habitat area included a Targe percentage of the western portion of the site, as well as the peripheral areas of the project site which are adjacent to roadways and parking areas. Also included was an area at the southeast corner of the Pond Site which had been previously filled and which supported a deciduous forest community. Fill material placement within the western portion of the site has produced an upland pad which abuts the commercial areas which border the site along its western edge. Much of this upland area consists of bare dirt. The remainder is vegetated with a mixture of introduced and volunteer grasses and herbs, and invasive shrubs. The other upland areas found along the periphery of the site border sidewalks and parking areas. Most of this peripheral area is dominated by a deciduous tree canopy of black cottonwood. Himalayan blackberry (Rubus procera) was present along most of the study site property boundary. Tukwila Wildlife Report 10 NTS STRANDER BOULEVARD. Retail Swat ( Upland (U) Riparian Ed•e Retail 1' 1 Riparian Edge (includes small wetland areas and sapling community) 0 O Qo Willow cb Islands Z Open Water (OW) Riparian Edge (RE) Open Grass Wetland (OGW) Upland (U) Small Pon Forested Wetland (FW) ANDOVER PARK WEST 5 111i 1 1 I 1 1 I 1 1I.I Office Complex 0 3 3 RR tracks FIGURE 2. SITE HABITAT TYPES WATERSHED DYNAMICS 1421 I7TH STREET S.C. • JU6.PN, VA fbOOZ (206) 73. —42M 1 Riparian Edge. This habitat type comprised all of the shoreline areas of the pond, including the shallow to steeply sloped Pond bank areas. For the purpose of this study the Riparian Edge along the western side of the Pond was defined to include those areas from the shoreline of the pond to the toe -of -fill of the Upland Habitat Area, including the deciduous sapling community growing adjacent to the Upland Habitat Area. Included in the western Riparian Edge were small, previously identified wetlands adjacent to the Upland area and the sapling community of red alder (Alnus rubra), black cottonwood (Populus trichocarpa), and Oregon ash (Fraxinus latifolia) adjacent and amongst the small wetland areas. Vegetation in this area was diverse and relatively structurally complex and included: pondweed (potamogeton spp.), willow shrubs and trees (Salix spp.), Purple loosestrife (Lythrum salicaria), red alder, black cottonwood, hawthorne (Crataegus sp.), Oregon ash, crabapple (Pyrus fusca), red -osier dogwood (Cornus stolonifera), . vine maple (Acer circinatum), big -leaf maple (Acer macrophyllum), and Douglas spiraea (Spiraea douglasii). An important habitat feature found within the Riparian Edge were small -diameter (3 - 6" diameter breast height -dbh) snag trees present along the western shoreline. These snags provide nesting sites, shelter, and food (in the form of invertebrates found within the decaying wood) for a variety of birds and other wildlife. Open Grass Wetland This habitat area is found within the southeast quadrant of the site. This habitat area is dominated by an extensive mono -stand of reed canarygrass (Phalaris arundinacea). This area also contains two important, discrete, habitat features. One of the two features is a small, seasonally ponded, open water feature located near the extreme southeast corner of the site. This pond supports a vegetative community which includes yellow cow -lily (Nuphar polysephalum) and brooklime (Potentilla palustris). This pond was observed to support an abundant bullfrog population and was the site of several muskrat haul -outs. The shoreline of this pond contains willow shrubs and black cottonwood which were much used by passerine species. The second feature found within this Open Grass Wetland is made up of willow shrubs located between the small pond and the Tukwila Pond shoreline. Open Water This feature is approximately 19 acres in size and comprises the majority of the Tukwila Pond site. This habitat unit includes the area of the pond extending from the shallow nearshore (included as part of the riparian habitat unit) to the center of the Pond. Tukwila Wildlife Report 11 Within this area were numerous old fence posts used as resting spots by waterfowl, gulls, and cormorants and scattered islands of willow shrubs which were present along the southwest corner of the pond. Most of .the Open Water unit. was sufficiently deep to preclude vegetative growth but was shallow enough to provide feeding opportunities for diving birds such as the pied - billed grebe (Podylimbus podiceps) and double -crested cormorant (Phalocrocorax auritus). Forested Wetland This area, located at the southwest corner of theproject site, could arguably have been included within the Riparian Edge habitat unit. However, the closed -canopy deciduous forest character of this area, coupled with the dense shrub layer and presence of a narrow open -water channel, is sufficiently unique within the project site to warrant its isolation as a seperate habitat type. Areas such as this can, particularly upon maturation, provide nesting and roosting opportunities for birds such as the great blue heron, green -backed heron, cavity nesting ducks, and raptor species. Vegetation within this area includes mature black cottonwood and Pacific madrona (Arbutus menziesii), and a shrub layer which includes: Himalayan blackberry (Rubus procera), wild rose species (Rosa spp.), willow, and hawthorne (Crataegus sp.) FIELD OBSERVATION RESULTS A total of sixteen field sample periods :were completed between April 12 and June 23, 1994. Observations were listed in a daily log format which details the location of the observation site and time of day. For instances in which identification was uncertain (due to weather conditions or sighting distance) the species name is followed by "tent.", meaning tentative identification. Tukwila Wildlife Report 12 Table 1 lists the species and habitat use, and species abundance observed during our study TUKWILA POND AREA OF OCCURENCE WITHIN • GENERAL FREQUENCY AND SPECIES ROSTER PROJECT SITE ABUNDANCE OW = Open Water CA = Commonly Observed and Relatively Abundant RE =Riparian Edge CS = Commonly Observed in SmaII Numbers OGW = Open Grass Wetland IA = Infrequently Observed -though Relatively Abundant when Observed FW = SW Forested Wetland IS = Infrequently Observed - in SmaII Numbers. U = Upland COMMON NAME • Passerines Song Sparrow U, RE, OGW, FW CA RW Blackbirds RE, FW CA American crow RE, U CS Bam Swallow RE and aerial throughout site CA VioletGreen Swallow RE and aerial throughout site CA Golden Crowned Sparrow U, RE, OGW CS White Crowned Sparrow U,RE CS • Savannah Sparrow U IS Fox Sparrow RE IS House Sparrow FW, RE IS Wilson's Warbler FW, RE IS Yellow-rumped Warbler RE, FW, OGW CA (Through 1st part of May) Common Yellowthroat U, RE, OGW • CA Yellow warbler RE IS Black -capped Chickadee RE, U, OGW, FW CA Marsh Wren RE, OGW CA • Starlings RE, U CS American Goldfinch RE, OGW, U, SW CA Bushtits RE, U, OGW, FW CA • American Robin RE, U, FW CS Purple Finch RE, U IS Cowbird U, OGW IS - Late May arrival Cedar waxwing RE, OGW, U IS House finch RE, U. CA - Until mid/late May Willow flycatcher RE, OGW IS Bewicks wren RE IS (Tent ID) Warbling Vireo RE IS (Tent ID) Tukwila Wildlife Report 13 Belted Kingfisher RE (Tent. ID per G. Schulz - City of Tukwila Urban Ecologist) Woodpeckers Downy Woodpecker RE FW IS —. - • Northern flicker RE IS Dabbler Ducks Mallard RE, OW, OGW CA Canada Geese RE, OW, U, OGW, FW CA Northern Shovellor RE, OW CS Wood Duck OW IS Coot RE, OW CA Ruddy Duck RE, OW, OGW • CS Gadwall OW IS Buffiehead OW IS Widgeon OW IS Ring-necked Duck OW IS Wading Birds Common Snipe OGW IS Green Back Heron RE IS Great Blue Heron RE CS Diving Birds DC Cormorant OW -pilings CS - Through 1st week of May Pied Billed Grebe OW CS Upland. Birds Killdeer U CS Gulls and Terns Herring Gull OW IS Caspian Tern OW IS AMPHIBIANS Chorus Frog U Bull Frog RE, OGW REPTILES• Garter Snake U MAMMALS Muskrat OGW Not directly seen. Observations based upon evidence of haul -outs Brown Rat RE Tent. ID FISH Brown Bullhead Throughout pond 14 fish (4"-8") caught on long line.• Tukwila Wildlife Report 14 Bird Species A total of 47 bird species were observed during our study. The majority of this total (57%) was comprised of passerine species. The next largest percentage were waterfowl species which made up 21% of the total. Habitat Use Based upon frequency of observation data the habitat type used most extensively was the Riparian Edge area followed by the Open Water habitat type. Terrestrial Wildife Our study documented the following non -avian species within the project site as shown below: AMPHIBIANS Chorus Frog Bull Frog REPTILES Garter Snake MAMMALS. Muskrat Brown Rat HABITAT UTILIZATION observed within the narrow wetland strip adjacent to the western upland parcel. observed commonly and abundantly throughout the pond's shoreline area and in the small pond in the southeast corner of the site. observed within the narrow wetland strip adjacent to the western upland parcel. Haul -outs and runways typical of muskrats were observed in the small pond area within the southeast corner of the Iake1 tentatively identified in shrubs along the northern Riparian Edge. FISH Brown bullhead 14 fish were caught using four long lines with six hooks apiece, set for approximately 20-30 minutes. The fish were 4" to 8" in length. 1 Information obtained from Mr. Gary Schulz, City of Tukwila Urban Ecologist indicates that haul -outs typical of Muskrat were also present along the riparian areas of southwest corner of the lake. Tukwila Wildlife Report 15 ADDITIONAL OBSERVATIONS WILDLIFE ACTIVITIES The following general observations were made regarding the activities of the species being studied. Feeding. Active feeding by wildfowl were observed frequently, particularly within the Open Water area. Pied -billed grebe and great blue heron were observed feeding successfully along the nearshore and openwater portions of the lake. The favored prey species of these two birds appeared to be the brown bullhead. Caspian Terns were observed during the June 9 survey to be actively feeding in the openwater areas of the pond. Barn and Violet -green swallows were commonly observed feeding aerially throughout the project site area. Passerines such as common yellowthroats, black -capped chickadees, house finches, Wilsons and yellow warblers were also observed feeding along the Riparian Edge, Upland, and Open Grass Wetland habitat areas. Waterfowl such as mallards, coots, and Canada geese were routinely observed along shoreline areas, feeding on the pondweed shoots and small invertebrates. Mating/Courtship No direct observation of mating was documented. However,mating activities such as song calling and territory defense were seen throughout the project site. Passerine species such as the house finch, marsh wren, and the four documented warbler species (yellow, yellow -romped, Wilson's, and common yellowthroat) were among the most conspicuous of the birds trying to attract mates and set up a territory. Nests were not abundant, but were observed in the Riparian Edge, Open Grass Wetland, and Forested Wetland habitat types, as well as in the willow islands within the Open -Water habitat area. These nests varied from the small nests of the marsh wren, hung on reed canarygrass; to larger, pendulous nests used by kinglets and bushtits and hung from tree limbs; to one large nest found in a Pacific madrona which appeared to be Targe enough for use by a crow or owl. No direct observation of nest use (e.g.. birds entering or exiting) was documented during our study. Observations which were noted included territorial displays adjacent to nest sites and observations of birds flushing away from areas subsequently seen to be the site of a nest. Mallards and Canada geese were observed to be using the Open Grass Wetland area in the southeast portion of the site for nesting activities. Geese in particular were observed actively defending their nest sites in several locations within the reed canarygrass. Tukwila Wildlife Report 16 Brood Rearing Mallard and Canadian geese were documented to be raising broods during this study as evidenced by the observation of adult birds nesting in the southeastern portions of the site and . of juveniles in the company of adults in the Open -Water, Open Grass Wetland, and Upland Habitat areas. Mr. Gary Schulz, Urban Ecologist with the City of Tukwila, provided visual documentation within the Open -Water Habitat of .a grebe {tentatively identified as a Pied -billed (Podilymbus podiceps) or. Horned grebe (Podiceps auritus)) with a single duckling. EXISTING RECREATIONAL USE Two existing recreational activities were observed during the course of our study. The dominant activity noted during several field trips involved recreational fishing from the Pond banks. A number of different individuals were observed fishing at varying times of the day. A second activity noted during one mid-day visit was the use of the site for what was presumed to be a lunch time stroll by two local businesspersons. DISCUSSION The results of our study indicate that the Tukwila Pond serves as an important habitat source for a diverse array of wildlife. The importance of the Pond manifests itself in several ways. • First and foremost, the Kent Valley is close to total urban build -out and areas which provide the variety of habitat types and relative isolation from surrounding developed areas, such as are provided at Tukwila Pond, are limited in the Green River area, though similar areas can be found two areas provide less habitat diversity than does Tukwila Pond, being predominantly scrub/shrub - emergent wetland (Renton Marsh) or Open Water (Kent Sewage Lagoons). Second, several species of animals appear to use the Pond year -around (i.e. mallards) while others may utilize the pond as their primary habit (or the potential for such use exists), spending their entire life cycle within the confines of the site. Species which may spend their entire lifecycle in the Pond site include the bullfrog, numerous passerine species, and small mammals such as the muskrat. And finally, the site appears to be used as a stop -over location for migratory birds. The lack of suitable and available habitat areas, such as Tukwila Pond, which result from urbanization has been often cited as one of the many factors leading to the decline of raptors, wildfowl, and in particular, songbirds. Tukwila Wildlife Report 17 • The most heavily used Habitat Type documented over the course of this study proved to be the Riparian Edge. This Habitat included: 1) the shallow, nearshore regions of the Pond, 2) the shrub, sapling, and . tree community corridorlandward of the nearshore region, 3) (on the western side of the pond only) several small wetland areas between the top -of -bank of the Pond and the toe -of -fill of the Upland Area, and 4) (on the western side of the pond only) the deciduous sapling community adjacent to the small wetland areas. Based upon the results of this study intrusion into the Riparian Habitat Area has the potential to produce the relatively largest effect on the Pond's wildlife and may trigger the need for compensatory mitigation and enhancementactivities. The relative importance of the Riparian Edge does not in any way diminish the value of the other Habitat Types. Each offers unique opportunities which combine to make the Tukwila Pond a valuable resource to the City of Tukwila. There are many ways in which human activities may impact wildlife. The most important of the impacts are those which increase the natural avoidance behavior demonstrated by particular species. Activities which reduce a species ability to utilize its food source will lessen the value of that area as habitat. For example, an increase in the amount of pedestrian traffic through the Open Grass Wetland Area during the Spring may effect breeding activities of birds such as the marsh wren, Canada goose, and common yellowthroat. Traffic in the same area during the winter, when many animals are energetically taxed to their fullest, may. reduce these same birds feeding success and increase mortality. Numerous opportunities are available to avoid or minimize impacts from human intrusion into the Riparian Edge area. Such minimization mechanisms (which are applicable to each of the Habitat Types) include: 1. Seasonal restrictions on walking paths during mating, nesting, and brood rearing periods of the year. 2. Construction of viewing areas/blinds which allow observation of wildlife while minimizing the impacts of such observation. 3. Enhancement of existing vegetation to provide both a denser visual buffer between the park users and the animals than presently exists as well as a greater amount of habitat and refugia opportunity . Tukwila Wildlife Report 18 4. Management of invasive plant species such as purple loosestrife, Himalayan blackberry, and (in some circumstances) reed canarygrass. which _have the potential for greatly .decreasing the amount of habitat available for wildlife use. Purple .loosestrife in particular has been shown to be devastating to waterfowl use. 5. Incorporation of educational signage to allow park users to better understand the types of wildlife using the Park and their associated conservation concerns. Tukwila Wildlife Report 19 REFERENCES BIRDING in SEATTLE and KING COUNTY - Site Guide and Annotated List, E.S Hunn, Seattle Audubon Society Trailside Series. November 1982 INVENTORY and MONITORING of WILDLIFE HABITAT. Cooperrider, A.Y., R.J. Boyd, and H.R. Stuart, eds. U.S. Dept. Inter., Bur. Land Manage. Service Center. Denver, Co. xviii. 858 pp. MANAGEMENT RECOMMENDATIONS for WASHINGTON'S PRIORITY HABITATS and SPECIES. Washington Department of Wildlife. " Wildlife Management, Fish Management, and Habitat Management Divisions. May 1991. WESTERN BIRDS - Peterson Field . Guides, R.T. Peterson, Houghton Mifflin Company, 1990. THE AUDUBON SOCIETY MASTER GUIDE to BIRDING, VOL. I - III. J. Farrand - Editor. Alfred A Knopf Company, November 1983. THE BIRDERS HANDBOOK - A FIELD GUIDE to the Natural History of North American Birds, P.R. Ehrlich, D.S. Dobkin, D. Wheye, Simon and Schuster, 1988. HUHN, Eugene. personal communication, 6/94. THE GREAT BLUE HERON in KING COUNTY, WASHINGTON. Stephen J. Shipe and William W. Scott. Washington Game Department, NonGame Department. July, 1981. SOUTHCENTER PLAZA PHASE II -DRAFT ENVIRONMENTAL IMPACT STATEMENT. The Ferris Company et. al. August, 1990. REVISED PROJECT PROPOSAL (addendum) of the Tukwila Pond Site King County, Washington. IES Associates, October 18, 1990. Tukwila Wildlife Report 20 TUKWILA POND SPECIES ROSTER COMMON NAME Passerines Song Sparrow RW Blackbirds: American crow Barn Swallow VioletGreen Swallow Golden Crowned Sparrow White Crowned Sparrow Savannah Sparrow Fox Sparrow House Sparrow Wilson's Warbler Yellow -pumped Warbler Common Yellowthroat Black -capped Chickadee Marsh Wren Starlings American Goldfinch Bushtits American Robin Purple Finch Cowbird . Cedar Waxwings House Finch Willow Flycatcher Yellow Warbler Bewicks Wren Warbling Vireo Woodpeckers Downy Woodpecker Northern flicker Dabbler Ducks Mallard Canada Geese • Northern Shovellor SPECIES NAME Melospiza. melodia Agelaius phoeniceus Corvus brachyrhynchos Hirundo rustica Tachycineta thalassma Zonotrichia atricapilla Zonotrichia leucophrys Passerculus sandwichensis Passerela iliaca Passer domesticus Wilsonia pusilla Dendroica coronata Geothlypis trichas Parus atricapillus Cistotharius polustris Sturnus vulgaris cardvelis tristis Psaltriparus minimus Turdus migratorius Carpodacus purpureus Molothrus ater Bombycilla cedrorum Carpodacus mexicanus Empidonax traillii Dendroica petechia Thryomanes bewickii Vireo gilvus Picoides pubescens Colaptes auratus Anas platyrhynchos Branta canadensis Anas clypeata Tukwila Wildlife Report 22 Wood Duck Coot Ruddy Duck Gadwall Bufflehead Widgeon Ring-necked Duck Wading Birds Common Snipe Green Back Heron Great Blue Heron Diving Birds DC Cormorant Pied Billed Grebe Upland Birds Killdeer Gulls and Terns Herring Gull Caspian Tern Amphibians Chorus .Frog Bull Frog Reptiles Garter Snake Mammals Muskrat Brown Rat. (tent.) Aix Sponsa Fulica americana Oxyura jamaicensis. Anas strepera Bucephala albeola Anas americana Aythya collaris Gallinago gallinago Butorides Striates Ardea herodias Phalacrocorax auritus Podilymbus podiceps Charadrius vociferus Larus argentatus • Sterna caspia Pseudacris triseriata Rana catesbeiana Thamnophis sp. Ondatra zibethica Rattus norvegicus • Tukwila Wildlife Report 23 Date 4/12/94 TUKWILA POND FIELD DATA Time 8:15-8:45am Species Location N. Shovellor Open water Ruddy Duck Openwater Northern flicker Treeline-north Double -crested Cormorant Openwater Ring Necked Duck DC Cormorant Coots Yellow-rumped Warbler (Audubons) treeline (West) Violet -green Swallows treeline (west) & openwater Viewing Location West Shoreline willow islands (SW) pilings-openwater nearshore Date 4/12/94 Species ' YR Warbler (Audobon and Robin Bushtits Activity resting resting feeding Comments 3xmales and female 2xmales and female resting/feeding (Sculpin?) resting resting feeding feeding/social calls feeding/resting Time Viewing Location 8:45-9:15am SouthWest corner marsh/woods Location Activity treeline/marsh feeding/social calls Myrtle) willows treeline (south) feeding/resting treeline/shrubs SW treeline/field feeding shrubline - nearshore social calls Blacberries-south feeding/social calls nearshore -west feeding Starlings RW Blackbirds House Sparrows coot Date 4/12/94 Time 9:15-9:45am Comments Viewing Location transect along treeline from west side to north near Target Note: presence of pendulous nest behind Target. 5 -6 inches deep, circular, small entrance hole (approx. .5 - .75 inches diameter) Species Location Activity Comments White Crowned Sparrow RW Blackbird RW Blackbird Pied Billed Grebe treeline (west) shrubline/nearshore west drainage swale NW openwater -north feeding/social social calls resting/feeding male/female female Date 4/12/94 Time 4:15-4:45pm Viewing Location East side - nearshore Species - Location Ruddy duck open water near south end DC Cormorant openwater near south end N. Shovellors openwater near south end Pied billed grebe openwater near south end Mallard nearshore - west side YR Warbler treeline/marsh -east side Activity resting resting resting resting resting feeding/social (Myrtle) Wren (Bewick?) Bufflehead Marsh wren RC Grass east side Willow Islands- south cattails - east side Comments males and females calls vocalizing_ several diff. indiv. (4+) resting - male and female vocalizing Note: heard frogs jumping into water near shorelines at the southeast end as well as in the small pond at the extreme SE corner. Date 4/12/94 Time 5:05-5:35pm Viewing Location north end of lake Note: presence of cuplike nest in crotch of dogwood Species DC' Cormorant Mallards RW Blackbird V -G Swallows Fox Sparrow RW Blackbird RW Blackbird Mallard Location openwater openwater shrubline/nearshore southern end openwater nearshore shrubs No. end treeline - N. end shrubs - N. end grass/shrub area nearshore -No. end Activity resting resting social calls/terr. displays males Comments feeding feeding territorial disp. 2x males vocalizing male and female nesting(?) Date Time Viewing Location 4114/94 7:52 - 8:45 transect along treeline along west side from Doubletree to NW corner Note: presence of bowl shaped nest in Madrona tree at NW corner o_fJake, adj. to small canal area. Twig/stick construction Species Location Activity Comments Golden Crowned Sparrow treeline feeding/social (west -near Doubletree) Killdeer open lot near Doubletree YR Warblers tree/shrubs west side of lake, and canal feeding/social calls Robin treeline near trucking firm starling treeline near trucking firm RW Blackbird shrubline/nearshore social calls west RW Blackbird drainage swale NW V -G Swallows . openwater feeding Song Sparrow treeline vocalizing West end C Geese openwater resting among willow islands Purple Finch(?) shrubs adj. resting wetland strip between lake and fill male/female female • Mallard open water Great Blue Heron nearshore- West side feeding heron moved a couple of times along the lake shoreline Ruddy Duck open water resting DC Cormorant pilings south end sunning/resting Date 4/19/94 Time. Viewing Location 7:35 - 8:15 NE comer viewing station Species Location Activity 3x males Comments Great Blue Heron (same as earlier) DC Cormorant RW Blackbird Bufflehead Bufflehead Western gull American robin nearshore west pilings shrubline/nearshore northeast open water south open water west open water trees NE corner feeding • resting/sunning social calls resting female male and female male RW Blackbirds Coots. Purple Finch Warbling Vireo (?) Violet GreenSwallow Bank Swallow Killdeer White Crowned - Sparrow Date 4/27/94 willow islands SW & nearshore west nearshore west nearshore trees nearshore trees nearshore.trees nearshore trees upland fill upland fill - west side Time 8:15-9:00 Species Mallard Pied Billed Grebe. DC Cormorants(5) mallard DC Cormorant Great Blue Heron Location nearshore willow islands feeding pilings nearshore - North willow islands feeding nearshore north vocalizing feeding on Potamogeton spp. vocalizing resting resting Viewing Location North transect • Activity tent. ID. Comments male and female w/chick fish resting/sunning RW Blackbird shrubline/nearshore social calls DC Cormorant openwater feeding American robin trees North Pied Billed Grebes(2) nearshore east Herring Gull(2) open water Bullfrog nearshore North side Pendulous nest in Hawthorne North side Saucer Shape nest near water -in willow - North side female flushed to south shoreline Bushtits shrubs nearshore C. Goose(2) upland fill Common Yellowthroatshrubs near upland RW Blackbirds YR Warbler BC Chickadee Purple Finch RW Blackbirds YR Warbler American Goldfinch shrubs near upland treeline-west side. treeline-west side nearshore trees SW inlet area treeline-west side near inlet shrubs adj. upland fill pendulous nest in crabapple/domestic apple frog splash - 2 diff. locations Date 4/28/94 Time 8:30-8:50 Species Mallard DC Cormorants(3) BC Chickadee Location nearshore pilings trees north feeding feeding/vocalizing vocalizing feeding/vocalizing Viewing Location North transect numerous 10 chicks vocalizing Activity Comments male and female w/chick ' .. resting/sunning Date 5/04/94 TUKWILA POND FIELD DATA Time 5:50 - 6:45am Species Great Blue Heron as observer arrived. American Robin Marsh Wrens Song Sparrow Crow C. Yellowthroat Song Sparrow Mallard Ruddy Duck Marsh Wrens Barn Swallow Violet -Blue Swallow Northern Shovellor C. Goose Mallard (male) Song Sparrow C. Yellowthroat American Robin Golden - Crowned Sparrow American Goldfinch Bushtit Killdeer Coots Date 5/05/94 Species Mallard C. Goose(2) C. Goose(2) Location willow islands Viewing Location transect through southeast corner from lake to small pond Activity trees South near RR tracks RC grass vocalizing shrubs nearshore near. Andover Pk west trees nearshore east shrubs nearshore SE shrubs east side near nearshore west side Andover Pk west SE corner nearshore in RC Grass shrubs nearshore open water open water BC Chickadee nearshore east shrubs nearshore East shrubs nearshore East shrubs south side willows in RC Grass shrubs south side Comments flew in from east of Tukwila east feeding feeding trees South side shrubs south side willows - South side shrubs south side parking lot adj. SE corner of pond nearshore SE vocalizing feeding Time Viewing Location 6:55- 7:30 western side transect Golden - crowned sparrow Mallard (2) Killdeer • Location west side nearshore open water open water Activity trees nearshore West open water upland fill numerous male feeding vocalizing male numerous Comments female with chick w/3 chicks 7 adults males TUKWILA POND FIELD DATA Date Time Viewing Location 5/09/94 6:20 - 7:35amtransect through southeast corner from lake to small pond Clear and Cool Species Location Activity Comments" Downy Woodpecker trees south end feeding Wilson's warbler shrubs near small pond male Mallard (female) small pond American Robin (2X) shrubs near small pond pond Song Sparrow trees nearshore east side RW Blackbirds shrubs nearshore east side Violet -Green . Swallows throughout area feeding Wilson's warbler shrubs nearshore east male Wilson's warbler trees nearshore east male C spian Tern(4X) open water feeding (w/success) Shovellor (X3) willow islands males Mallard open water male • Gadwall open water male/female Barn Swallow throughout area feeding Marsh Wrens RC Grass vocalizing numerous House Wren shrubs nearshore east American Robin shrubs near south end Song Sparrow shrubs near south end killdeer (2X) parking lot south\ of RR tracks Frog splash 2 areas along east shore Date Time 5/09/94 7:40 - 8:26am Viewing Location north side transect Species Location Activity Comments Great Blue Heron nearshore- east side feeding (Sculpin) Coot nearshore North Gull (Herring?) open water preening Gull (Herring?) , open water immature C. Goose nearshore south side w/3-5 chicks Pied Billed Grebe open water north Pied Billed Grebe open water N. Shoveliors open water 3 males N. Shovelfor nearshore south male Coot nearshore south Coot open water mating Coot nearshore NE feeding • TUKWILA POND FIELD DATA Date Time Viewing Location 5/13/94 6:20 - 7:20am transect along western edge Species Bushtit Mallard (female) Location Activity trees nearshore north nearshore - North Savannah Sparrow upland fill Yellow warblershrubs nearshore west Barn Swallow open water Violet -Blue Swallow open water C. Geese nearshore west feeding feeding Great Blue Heron nearshore East Green -backed Heron willow islands SW corner Crow shrubs south side RW Blackbirds nearshore SW inlet vocalizing American robin nearshore SW inlet vocalizing Wilsons Warbler trees nearshore West feeding Ruddy duck open water east Bufflehead open water east pied billed grebe nearshore west Savannah sparrow shrubs upland Comments w/chick male . 2 pair adults with clutches (5 and 3 chicks) feeding numerous frog vocalizations/visuals Date Time Viewing Location 5/13/94 8:05- 8:55 South east transect Species Bushtit Song Sparrow Mallard (2 x female) C. Yellowthroat Song Sparrow Marsh Wrens Marsh wrens Coot Mallards 3X) Downy woodpecker N. Shovellor Coot Song Sparrow Purple Finch Yellow or Wilsons Warbler RW Blackbird Song Sparrow Location Activity shrubs near small pond shrubs near small pond small pond trees east side near road trees east side near road shrubs nearshore east RC grass open water SE nearshore Southeast shrubs nearshore east open water nearshore SE shrubs SE shrubs south • shrubs south shrubs nearshore SE shrubs nearshore south male female female Comments numerous sleeping male TUKWILA POND FIELD DATA Date Time Viewing Location 5/17/94 6:15 - 7:05am transect along southeast corner overcast and cool Species Location Activity Comments Song Sparrow trees near RR Brown -headed cowbird trees near RR Violet green Swallow open water -aerial feeding Barn Swallow open water feeding Mallard nearshore in RC grass (male and female) RW Blackbirds nearshore SE Song Sparrow shrubs south near RR American robin shrubs south near RR Marsh wren trees nearshore SE Coot OW near willow islands Mallard (x2) OW near willow islands Brown headed cowbird trees nearshore SE Pied billed grebe OW Great Blue Heron tree limb nearshore north Coot OW Song sparrow trees earshore East RW Blackbirds nearshore E Mallard RC grass nesting? female (flushed from grass upon approach - entirely secluded) Song sparrow shrubs SE pond C. Yellowthroat willows in RC grass BC Chickadee shrubs near RR BC Chickadee trees SE corner near RR Date Time Viewing Location 5/17/94 7:40- 8:20 West side transect Species Location Activity G Blue Heron nearshore East Bushtit trees west side - throughout BC Chickadee upland fill C. Geese (x4) . upland fill feeding Pied billed grebe OW near willow islands C. Yellowthroat upland shrubs G. Backed Heron willow islands flushed to SE shoreline RW Blackbirds trees west side A. Robin trees SW corner House Sparrow shrubs SW inlet pied billed grebe nearshore N pied billed grebe OW mallard nearshore N Comments w/8 chicks (vocal ID) (male and female) TUKWILA POND FIELD DATA Date Time Viewinq Location 5/20/94 12:50 - 1:40pm transect through southeast corner from lake to small pond Species Location Activity Comments A. Robin shrubs near RR House finch (2x) shrubs south female (Purple finch?) Goldfinch shrubs nearshore SE House finch (2x) shrubs nearshore SE RW Blackbirds shrubs nearshore So female RW Blackbirds shrubs nearshore So male Pied billed grebe OW ..- C. C. Goose (2x) nearshore West w/5-6 chicks Housefinch shrubs earshore east male and female Song Sparrow shrubs nearshore -East numerous BC Chickadee shrubs nearshore -East Great Blue Heron NE lake corner flushed overhead C. Yellowthroat shrubs nearshore E Coots (x2) nearshore E Coots OW Warbler shrubs nearshore SE female (Wilson or Yellow) Coot nearshore east Mallard (female) RC Grass nesting C. Yellowthroat willows in RC Grass BC Chickadee shrubs near RR feeding Song Sparrow shrubs near RR White crowned sparrow (x2) shrubs near RR Frogs (x2) small pond SE corner Date Time Viewinq Location 5/20/94 1:48- 2:30 western side transect Species Location Activity Comments BC Chickadee shrubs upland Starling shrubs upland C. Goose(4) upland fill w/7 chicks Bushtits shrubs upland feeding numerous Housefinch(es) shrubs upland numerous House sparrow shrubs south near trucking firm BC Chickadee shrubs nearshore west Wilsons Warbler shrubs nearshore west RW Blackbirds shrubs nearshore west Bushtits shrubs nearshore west C. Geese (x2) shrubs nearshore west W. Goldfinch shrubs nearshore west feeding female TUKWILA POND FIELD DATA Date Time Viewing Location 6/23/94 4:00-- 6:30am canoe survey Species Location Activity Coot nearshore north Violet -Green Swallow aerial throughout feeding Mallard (male/female) nearshore east w/fledglings Great Blue Heron nearshore forested wetland Gull (Herring) piling OW RW Blackbird shrubs nearshore W Brown Bullhead caught on long -lines in four locations throughout the. pond. 14 fish caught off of 24 hooks. Comments 3 fishermen using west side. nest in RC grass -cup shaped Date Time 5/25/94 cursory review Species Mallard Coot Coots mallard 5:05-5:15 Viewing Location North transect Location nearshore So. • nearshore SE nearshore north nearshore north Activity Comments female w/chick Symboj D4taPlea.I N41111 TREES yelze Calocedrus dee rreos Cedrus deodara PAM ccntorta Pinus monticola Pinus nigra Plans sylvestris Finns thunbergil Pseudotsuga menziesil Thuja plicata 1huga hetet°pbylla Late Deciduous Acer piatanoides • Acer ptatanoides 'Columnaze' Acer platanoides'Deborah' Acer platam:hies'Parkway' • Acer rubrum Acer rubrutn'October Glory' Acer rubrunt Red_Suaset' Acer saccharum Anus rubra Carp taus banks Cerddiphyiltun japonicum • Fagus syIva tfca Ginkgo biloba'Fairmount' Liquidambar styradttas Prunus sargentil Quercus palustris Quercus rubra Zelkova serrata Zelkova serrata 'Village Green' Medium Decil_t e s Acer palmatum Cercis c anaciensis Magnolia loobus Pyrus cealleryana Pyrus calleryana'Bradford' Sorbus aucuparla CommenNamei Ince se Cedar Deodar Cedat Shore Pine Western White Pine Austrian Black Pine Scotch Pine Japanese Brack Pine Douglas Fir Western Red Cedar Western Hemlock Norway Maple Cotumnar Norway Maple Norway Maple Norway Maple Red Magic Red Maple Rei Mapk Sugar Maple Oregon Alder European Hornbeam Ktsura Tree European Beech Ginkgo American Sweet -Gum Sargent Cherry Pia Oak Red Oak Japanese nut Japanese Elm Japanese Mapie Eastern Redbud Kobus Magnolia Gallery Pear Bradford Pear European Mountain Ash SI�eznarkt S - 6-S' ht M-10•IZ' let L=12.14'ht. B&B bushy to base, syraatctricai specimens, matched specimens • 212-3' cat 12.14' ht., B&B, symmetrical, matched specimens 2'c1.,1O-I2'ht. B&B„ symmetrical, matched specimens y§mull DeckTomo. Acer dretnatum Cornua Hodda Cornus kousa Crataegus phaenopyrnut Magnolia soulangiaaa Magnolia stellate Mains 'Snowdrift' SHRUBS .arae Evergreen Abelia grandillora Arbutus urtedo Camellia japonica 'Pink Perfection' Casino thus Escallonia'Fradesil' Myrica califoruica Prunus Iusitanica jviedturn Eve5reea • Abasia grandiilora 'Sheswoodli' Arbutus unedo'Compacta' Camellia sasanqua Ctstus hybridus Daphne odora Escaionia'Applee Blossom' Bea crenata'Convma' Kalmia latifotia Mahonla aquifolium Nandlna domestic Osmanthus dclavayi Osmanthus heteropbyllus Osmarea burkwoodil Rhododendron '1astuasum Fiore Piano' Rhododendron 'PJM' Rhododendron 'Unique' Rhododendron • 'Virginia Richards' Sarcococca rusdfolla Viburnum davidii Viburnum tinus Viburnum Haus +spring)3ouquee Small Evergreeq • Ilex creaata'Gceen Island' Vine Maple ._ - Flow rtag Dogwood Koala Aogwoad Washington Hawthorne Saucer Magnolia • Star Magnolia Snowdrift Crabapple - Glossy Abelia Strawberry Tree Camellia Wikl Lilac Escallorda Pacific Wax Myrtle Portugal Laurel Dwarf AbeIla ' Dwarf Strawberry Tree Sasanoqua Camellia Rockrose Winter Daphne Escatlonia Japanese Holly Mountain Laurel Oregon Grape Heavenly Bamboo DDelavay's Osmaathus Halle d enf Osmmttltus Fragrant Osmarea Rhododendron Rhododendron Rhododendron Rhododendroa . Satrococca David's Wburnumt Laurustinus taurustiaus Japanese Holly x' caL,10':12 ItL D&B. symmetrical. matched specimens 24' min. ht., full and bushy, sparing as shown lir min. ht., full and bushy, spacing as shown 12'-15" min ht., nee ctenata'Grmn Thumb' Kalmla latiialla'EW Lanicera pflcaa Mahonia aquitolftun _ 'Compacts* Mahonia nervosa Rhododendron 'Christmas Cheer' Sarcococca hnokeraaa humilis Tams bacztta'Repandens' Vaccinium avatum Lame Dedduotts Cornus stoionifera Eaonymu data . . Forsythia intermedia Hamttamelis moElis Hydrangea paniculata 'Orandillora' Vibtuuum pticatum • tomentasuut MOM m Deciduous Exbury =ilea Spiraea douglasil Spiraea thunbcrgii Symphodcarpas albus Viburnum pticatom tomentosutn `Watanabe Small Oedduons Cornus stolontifera'Kelseyt' Euonyzues alata'Compacta' Potent ilia frnticosa Salk( purpurea'Gracxlis' EYe etnGroundeoiet Arttostaphyilos nva arse Cotoneaster'Lowfast' Euonymus fortune' 'Cotoratm' Euonymus fortune! radicans Gaultherin shallow Hedera helix Hypeaicn= ealydauat lbcris sempetvirens 'Compacta' Mahonia repeal Pachysandra terminalis dapanose Holly • Dwarf Mountain Laurel ?tint Honeysuckle • Catnpact Oregon gape • LongleafMahouia Rhododendron Dwarf Sarwcoaa Spreading English Yew Evergreen Huckleberry Red Osier Dogwood Winged Euonyutus Border Forsythia Chinese Witch Hazel Pee Geo Hydrangea Doubiefile Viburnum . Azalea Hardtack Spiraea Common Snowberiy Dwarf Doablef ie Viburnum Red Osier Dogwood Dwarf Winged Euonymus Cinquefoil Dwarf Pcupfa Oster Kinnikinnick Cotonxaater Purple Leaf Winter Creeper Winter Creeper Sabi English Ivy St. 7ohnswort Evergreen Candyntit Creeping Mahonia Japanese Pachysandra ntll and busy, spacing as 9hovrrt 24' min. ht., full and bushy, spacing as shown 18' min. ht, full and bushy, spacing as shown 12••15" min. ht., MI and bushy, spacing as shown . I gaL or flats Vinca minor renrtials AND teptaas Comas canadensis Egwtriiig pts Begonia Impatiens waIlcrana Foliage Plants Ferns: • . Adlantium pedatum Athyrium nipponicum 'Dictum' ' Blectutain spicant Hosts: Hosta fanciful!! Hosea ptantaginea Hosta unduiata Rc Clematis armandil Hydrangea anomala Parthenocissus-tricuspidata • Periwinkle , Carpet Bugle Bunchberry Dwarf varieties: 'Olympic' - _ a 'Prelude 'Vision' 'Busy Urde' 'E11'�n Mix' 'Cinderella' Maidenhair Fern Japanese, Painted Fent Deer Fern 1 gal. 1gat. I gal. Narrow Leafed' Plantain Lily 1 gal. Fragment Plantain Lily Wavy Leafed Plantain Lily Evergreen Clematis Climbing hydrangea Boston Ivy 1 gal. 9- Table 3. Su estod •lanttuo SCIENTIFIC TREES: Alnus rubra Acer circinatw:a Corylus comma Rbanaaus purshiana • for u land buffer communities. • COMM lei NAME WIS Red alder . Vine maple Western hazel Cascara FAC FACU UPL• UPL SHRUBS: Gaultberia sha lon Salsl UPL Physocarpus capitatus - Pacific nine -bark FAC Rosa woodsii Wood's Rose FACU HERBS: Agrostis tenius • Colonial Bentgtass FAL Alopecuris geniculatus Water foxtail FACW r Festuc aiunchinacea • ' Tall Fescue FACU Trifolium sp . Clover FAC Table 2. Suggested plants for riparian fringe .relocation and wetland restoration WIS SCIENTIFIC NAME COMMON NAME TREES: Acer circinatum Vine maple PACU - Alm s rubra 0 Red alder FAC. Fraus Iatifolia Oregon ash FACW Salic scoulerana Scouler willow FACW SHRUBS: Canso stolonifera Red -osier dogwood FACW Physocarpus mph . Pacific ninebark FAC Sala hookerana Hooker willow FACW Sala lasiandra Pacific willow FACW Sara sitchensis Sitka willow FACW Spiraea dougi asi; kfardhack spirea FACW KERBS: Alopecurus geniculatus Water (oxtail FACW Athyrinm fdnc femina Lady -fern FAC Carat obnupta 'Slough sedge OBL Iris pseudacorus Yellow flag OBL ' Junocs effusus Soft rush FACW Juncus ensifolius Daggerleaf rush FACW Ocrenthe sarmentosa Water -parsley OBL Sagitraria spp. Arrowhead OHL Scirpns miaoparpa Small -fruited bulrush OBL Spzganium emersum 0 Simplestem bur -reed OBL Tolmica menzi ilil Pig -a -back -plant FAC Typha latifolia 0 Common cat -tail OBL Veronica spp. Speedwell OBL 9311091903 • Fixed for Record at Request of: THIS SPACE PROVIDED FOR After Recording Mail to: RECORDER'S USE: HI LLI S CLARK MARTIN & PETERSON, P.S. 500 Galland Building. 1221 Second Avenue Seattle, WA 98101-2925 Attn: -Glenn J. Amster DECLARATION OP CONSERVATION EASEMENT KNOW ALL PERSONS BY THESE PRESENTS that S-H-BENOLIEL-ROMNEY #179, a California Limited Partnership, as owner of Lots 1 and 2 of City of Tukwila Short Plat No. 91 -9 -SS as recorded under Recording No. 9208261819, Records of King County, Washington, hereby DECLARES that said Lots 1 and 2 shall hereafter be held, sold, and conveyed SUBJECT TO a Conservation Easement over and across that portion of said Lots I and 2 legally described on Exhibit A attached hereto and incorporated herein by this reference ("Tukwila Pond" herein), which generally provides that: Existing vegetation shall be retained and no development shall be permitted on Tukwila Pond that would affect the ability to preserve the ecological system thereof as bird and other wildlife habitat for so long as Tukwila Pond is deemed to have significant. value as bird and other wildlife habitat according to either the State of Washington Department of Wildlife or the U.S_ Fish and Wildlife Service, or their successors. IN WITNESS WHEREOF, S-H-BENOLIE,L.- OMNEY #179 has caused this instrument to be executed this5"--6, day of November, 1993. S-H-BENOLIEL-ROMNEY 4179, a California,Limi -d Partnership By Bruce E. jsford Managing •neral Par=nar - 1 - ORIGINAL 03 CJ CJ e-1 O 0 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this v day of t e... , 1993, before. me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Bruce E. Hosford, to me known to be Managing General Partner of S-H- BENOLIEL-ROMNEY #179, the partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes thereisr'mentioned, and on oath stated that he was authorized to execute -said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day,• and year first above written. 319600 - 2 - NOT PUBLIC in and for the State of Washington, residing at /Veit! v 21-.#072414 My commission exp3.resr/S-9tG- , EXHVITT A That portion -of Lot 2, City of Tukwila Short Plat No. 91 -9 -SS as recorded under Recording No. 9208261819, Records of King County, Washington, lying below the 13.00 foot elevation as established by the National Geodetic Vertical Datum (NGVD)---.- AND that portion of Lot 1, City of Tukwila, Short Plat No. 91 -9 -SS as recorded under Recording No. 9208261819, Records of King County, Washington, lying within a strip of land 25.00 feet in width and upland of the 13.00 foot elevation as established by the National Geodetic Vertical Datum (NGVD). 319600.A 3 • 931/091903 WEST LINE NE 114 SEC. 26 EXHIBIT "---1 STRANDER BLVD. N 8815'33" W (NE 114 SEC.26 LINE SW 114 L13 1336.64' AMEASJ T- 665.00' BL A B903011033 13.0' CONTOUR MGM 434.69e -`1 LI/ L14 • N 98°15'33Wtof- 212.17' - -115.42' 64 3427'01' L. 78J7' R. 130.00' N 8815'33" W •LOT 1 / A.89'18-'58" R.34.50' L.53.78' 25' 482.33' j$ 2k9 N 3881 W 782J2' 4,1Ik tn ri N 1.0 N 0 LOT2 TUKWILA E1 0110—S0 REC. NO. 9200201019 w 2 0 z u •o• TUKWILA POND 0 APPROXIMATE LOCATION tri 13,0' CONTOURIn NGVD) EAST LINE SW 114 1308.8 SOUTH LINE NE 114 SEC. 26 200' 0 200' iiiiiimirm9m11/11.4.4,04•111 SCALE: 1"-200' LEGEND N 8806'43' W 171 CONSERVATION EASEMENT . .. CURVE DATA 30.50' ANDOVER MIN WE31 30.30' NE .... • ir w I.• lewas :: 4. Iv :I:4t t•7 or t-0,..14.4 P• • iramor WV:Mk-Via • IIMMIIIIIM:i'iti416k11'.1111MI "' • • Z..—.1 ii•MMEIMPlaiRdial :i 00' iii___ 41•411111111MMIDALCW.liazlIM • • 1&-11140•±1•11C1111(• • irM1111111rWilieinAlln•St- • STANr.. thl=1111111:21FTiril.or INENWA:I:ii•PAKV• •7111- ; IL ••••:•.' 9505030239 CITY OF TUKWILA 6200 SOUTHCENTER BLVD. TUKWILA, WA 98188 RIGHT OF ENTRY EASEMENT THIS RIGHT OF ENTRY EASEMENT ("Contract"), dated this '3 day of 1995, is made by and between the CITY OF TUKWILA, a municipal corporation of the State of Washington (the "City") and The TUKWILA POND COMMITTEE a non-profit corporation of the State of Washington (the "Corporation") with reference to the following facts: RECITALS 1. The City owns and desires to improve certain real property, more particularly described in Attachment "A," attached hereto and incorporated herein by reference. Part of the City's plans include development of a public park, referred to herein for convenience as the "Tukwila Pond Park" or the "Park". 2. The Corporation desires to undertake the development and construction of all or a portion of the Park at its sole expense, in accordance with a proposal to be submitted and approved by the Tukwila City Council. If the City Council approves the "Schematic Design and Plans" for Tukwila Pond Park for what is commonly referred to as the upland portion of the Park property which are attached hereto as Attachment "B" and incorporated herein by reference, the Corporation will develop and construct the described improvements and then to offer the improvements as a gift to the City and its citizens. To accomplish its purpose, the Corporation has been duly organized as a Washington non-profit corporation. 3. The City Council desires to receive, for the benefit of the City and its citizens, the gift the Corporation desires to confer and, therefore, to enable the Corporation to develop and construct the improvements, the parties desire to enter into this Contract. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, to be kept, performed and fulfilled by the respective parties hereto, and other good and valuable consideration, it is mutually agreed as follows: 1. Grant. of Easement. For valuable consideration as described below, City hereby grants and conveys to the Corporation an easement across, along, in, upon and under that certain real property described in Attachment "A," for the purpose of developing, constructing and installing the improvements specifically described in the "Schematic Design and Plans" for Tukwila Pond Park ( Attachment "B") to be approved by the City Council. 2. Term of Easement. The Term of Easement ("Term") shall commence on the date the Mayor signs the "Schematic Design and Plans" for Tukwila Pond Park, at which time the "Schematic Design and Plans" become "Approved Plans" as provided in paragraph 4, below, and shall terminate upon the date on which the City issues written notice of acceptance of the improvements or the date upon which this Contract is terminated as provided herein, whichever occurs first. The Corporation shall have five (5) years from the date of commencement in which to raise the money, obtain permits and construct the improvements. EXCISE TAX NOT REQUIRED King Co. Records G►vtsfcn - BY Dpputy 9505030239 The agreement shall be extended so long as the Corporation is diligently prosecuting the work to complete the project and has the consent of both parties. 3. Consideration. The Corporation shall pay to the City the annual easement fee in the sum of One -Dollar ($1.00), payable for the first year in advance of the commencement date, and for subsequent years (if any), payable in advance of each successive anniversary date throughout the Term. 4. Approval of "Schematic Design and Plans." The Corporation's duty to proceed with development and construction of the Park is conditioned upon approval by the City Council of the proposed "Schematic Design and Plans" for the Tukwila Pond Park substantially in the form submitted by the Corporation on Attachment "B". Upon execution of this Contract by. both parties, the City and Corporation shall proceed in cooperation to obtain the City Council's review and approval of the proposed "Schematic Design and Plans" for Tukwila Pond Park (hereinafter referred to for convenience as the "Plans"). Upon approval of the Plans, the Mayor shall mark the Plans "Reviewed and Approved," shall sign the Plans and submit them to the Corporations for approval. The Corporation shall have twenty (20) days to approve or disapprove the Plans. Upon approval by the Corporation, the Plans shall become the "Approved Plans," and the Corporation's performance under the Contract shall conform thereto. In the event the City Council fails or refuses to approve the Plans within twelve (12) months from the date on which the Plans are submitted to the City Council for review, either party may elect to terminate this Contract without any liability to the other whatsoever. Once the Plans become the Approved Plans, the Community and Parks Committee of the City Council will function as the Pond Oversight Committee, the purpose of the Oversight Committee being to monitor construction of the Park according to the Approved Plans and this contract. City's Warranty Against Hazardous Substance. The City warrants that to the best of its knowledge, the Park property is free of the existence of any substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," or "solid waste" in CERCLA, SARA, RCRA, Toxic Substances Control Act, Federal Insecticide, Fungicide, and Rodenticide Act, and the Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.), the Clean Water Act (33 U.S.C. Section 1251 et seq.), the Model Toxics Control Act (RCW 70.105D, et seq.) or which are classified as hazardous or toxic -.under federal, state or local laws or regulations. The City's warranty in this regard shall survive the execution and Term of this Contract. With respect to the release of any toxic or hazardous substances or wastes, or other condition of the Park property, occurring prior to the date of this Contract which release or condition violates the provisions of, or necessitates any removal, treatment, or other remedial action under, any applicable past, present, or future federal, state, or local statute or ordinance or any regulation, requirement, or directive of any governmental authority with jurisdiction relating to protection of the environment, the City agrees to defend, indemnify, and hold harmless the Corporation from and against any and all losses, claims, liabilities, damages, demands, fines, costs, and expenses (including reasonable attorneys' fees and legal expenses) arising out of or resulting therefrom. EASE -CON. DOC 9505030239 Possession and Control. Upon receipt of the Approved Plans from the City, the Corporation shall promptly commence and diligently pursue completion of the development and construction of the Park in accordance with the Approved Plans, and at its sole expense. Without limiting the generality of the foregoing, the Corporation shall: a) Permit the City to inspect and review -progress on the development and construction of the Park, as provided below in paragraph 24, toensure compliance with the Approved Plans and all applicable statutes, laws, codes, ordinances, regulations and lawful orders. b) Have the power and right to enter into any and all contracts, agreements or other documents affecting the improvements to be constructed (but not the real property) which the Corporation deems reasonable for purposes of development, construction and security of the improvements. c) Take any and all action the Corporation deems appropriate to accomplish its purposes and perform the terms and conditions of this Contract. Neither party shall have any right, power or authority to (i) enter into any contract, agreement or document for or on behalf of the other, or (ii) to act for, be an agent or representative of, or otherwise bind the other to any contract or undertaking. Without limiting the generality of the foregoing, nothing in the Contract shall be construed or interpreted as creating any kind of joint venture or other legal entity between the Corporation and the City and, if and to the extent the City exercises any control over the action of the Corporation, such control is being exercised for the convenience of the Corporation to assist the Corporation in conferring a gift of a park to the City and its citizens. All actions undertaken by the Corporation are undertaken as a private entity, independent of the City including, without limitation, the performance of any obligation or the exercise of any rights or privileges arising under the terms and conditions of this Contract. 7. Indemnity. During the Term, the Corporation agrees to protect and save the City (and its elected and appointed officials, agents and employees) harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, on account of injury or death to persons or damage or destruction of property, arising from the Corporation's negligent acts or omissions or the negligent acts or omissions of any agent or employee of the Corporation. Notwithstanding the foregoing, the Corporation disclaims any liability for and does not warrant in any fashion (express or implied) for any purpose the design, construction, durability, safety or other characteristics of any improvements to the Property made by the Corporation in connection with development of the Park. The City of Tukwila, Washington, shall be made a third -party beneficiary to all contracts entered into between the Corporation and the designers, architects, professionals, contractors, materialmen and suppliers selected to provide material, labor and services to the Park project. 8. City's Acceptance of the Park. The improvements and fixtures constructed by the Corporation shall become the property of the City upon termination of this Contract by acceptance of the improvements according to the following procedures: 9505030239 a) Whenever the Corporation is satisfied that its improvements are complete in accordance with the Approved Plans and are suitable for conveyance to the City, the Corporation shall notify the City in writing that the improvements are complete and ready for final inspection. Upon receipt of such notice the City shall conduct a final inspection to verify - that the Park is developed and constructed in accordance with the Approved Plans and applicable statutes, laws, codes, regulations, ordinances and lawful orders. If the City is satisfied that the improvements are so constructed and installed, the City Council may accept the gift of the improvements. Upon such acceptance, the Term shall expire and the Corporation shall have no further right, title or interest in the Park property and the improvements and fixtures thereon, nor any further obligation or responsibility with respect to the Park property or the improvements thereon. . b) The Corporation may, from time to time during the Term and in its discretion,.give the City written notice that a portion of the improvements are ready for final inspection. Upon receipt of such notice, the City shall conduct a final inspection to verify that the designated portion of the improvements have been developed and constructed in accordance with the Approved Plans and applicable statutes, laws, codes, regulations, ordinances and lawful orders. If the City is satisfied that the improvements and fixtures are so constructed and installed, the City Council may accept the gift of such portion of the improvements. Upon such acceptance, the Contract shall expire with respect to the designated portion of the improvements and the Corporation shall have no further right, title or interest in the Park property and the improvements and fixtures thereon, nor any further obligation or responsibility with respect to that portion of the Park property or the improvements thereon. c) Acceptance by the City, whether in whole or in part, shall be in "as is" condition and "with all faults." The City shall have no recourse against the Corporation concerning the design, construction, durability, safety �r other characteristics of any improvement to the Park property. 9. Permits and Approval. The Corporation is responsible for obtaining all permits and approvals necessary to develop and construct the improvements. The Corporation's duty to proceed with development and construction of the Park is conditioned upon the issuance of all necessary. permits for the improvements as described .on the Approved _Plans. In the event the _ City fails or refuses to issue all necessary permits for the Approved Plans within twelve (12) months from the date on which the Schematic Design and Plans for Tukwila Pond Park are submitted to the City for review, either party may elect to terminate this Contract without any liability to the other whatsoever. 10. Use of the Property. The Property shall be used by the Corporation exclusively for the purpose of developing and constructing the improvements. Construction impacts shall be limited in conformance with the "Best Management Practices (BMP)" described in the Department of Ecology's Stormwater Management Manual for the Puget Sound Basin, EASE-CON.DOC 9505030239 February 1992 edition or latest revision thereto. 11. Cost of Development; Labor. The Corporation shall provide all necessary labor, materials, services, equipment and other items necessary for the development and construction of the improvements upon the Park property. The Corporation shall undertake such development at _ its sole expense, entering into any and all labor, material, contractor and subcontractor - agreements on its own behalf. 12. The Corporation Maintenance of the Park property. During the Term, the Corporation shall exercise control and maintenance of the Park property and, keep the construction site in a reasonably clean, safe and sanitary condition. The Corporation shall not post ne-signs, placards or advertisements of any kind upon the Park property which are 'not in conformance with the City's sign ordinance and without prior written consent of the City. The City shall not unreasonably withhold consent to the placement of conforming signs related to public safety, . construction site security and identification of the Corporation, professionals, contractors and material suppliers to the project. The Corporation shall secure and protect the job site to ensure the safety of the public. The Corporation shall, at all times, conduct its activities upon the Park property during day light hours and in a manner which avoids unreasonable disturbance of the public. 13. Liability Insurance and Financial Information. The Corporation shall, for the benefit of itself and the City, secure and maintain the following policies of liability insurance during the Term with coverages and in the amounts as specified below: a) Comprehensive General Liability Insurance and Automobile Liability Insurance with limits of liability of not less than: (i) Five Hundred Thousand Dollars ($500,000.00) for each person, personal bodily injury; (ii) One Million Dollars ($1,000,000.00) for each occurrence, personal bodily injury; (iii) Five Hundred Thousand Dollars ($500,000.00) for property damage. (iv) One Million Dollars ($1,000,000) combined single limit. The Corporation shall name the City as an additional insured under such policies of insurance, which shall not be reduced or canceled during the Term. Certificates of insurance or a copy of such policies shall be supplied to the City upon request. b) Financial Information Provision. The Corporation shall retain the services of an independent, local CPA firm to help maintain and review the Corporation's financial accounts. This CPA firm shall in a timely manner review, prepare and report upon the Corporation's financial accounts in accordance with generally accepted accounting and audit standards and practices so that necessary information pursuant to this Contract is provided to the City Council. 14. Taxes and Fees. During the Term. the Corporation shall pay all taxes incurred in connection with development and construction of the improvements on the Park property. The City shall 9505030239 not, in any case, bear the cost of any such taxes or other fees of any type associated with the development and construction of improvements on the Park property during the Term. The Corporation shall apply for and seek to obtain all appropriate tax and fee exemptions. 15. Compliance with State, Federal and Local Laws. The Corporation shall occupy the Property and develop the Park in compliance with all applicable federal, state and local laws, easements, rules, regulations, statutes and ordinances. 16. Agreement Not to Discriminate. The Corporation will not discriminate against any person, contractor, subcontractor, supplier, employee or applicant for employment in connection with development and construction of improvements on the Park property on the basis of race, creed, color, sex, age, national origin, marital status, sensory, mental or physical handicap, unless based upon a bonafide occupational qualification. The Corporation will take affirmative action to ensure that all such persons, contractors, subcontractors, suppliers, employees or applicants are hired, retained or otherwise employed in connection with project are treated equally without regard to their race, creed, color, sex, age, national origin, marital status, sensory, mental or physical handicap. 17. Termination of the Contract for Default. The parties acknowledge that since the primary purpose of this Contract is to enable the Corporation to confer a gift of a public park to the City, each party agrees that its sole remedy for any breach of, default, or noncompliance with the terms and conditions of this Contract shall be to exercise its right of termination pursuant to this paragraph 17. In the event either party fails to fully and faithfully perform their respective obligations under this Contract, the non defaulting party may, upon written notice to the other, terminate this Contract. 18. Additional Rights of Termination. In the event the Corporation's efforts to develop and construct the improvements on the Park are materially impaired or prohibited, due to circumstances beyond the Corporation's reasonable control, then the Corporation may terminate this Contract by giving written notice to the City, in which event, the Corporation shall surrender possession of the Park property to the City in its then -existing condition. By way of example, the Corporation may terminate this Contract in the event any person or entity (other than the City or the Corporation) shall by legal proceeding or otherwise seek or attempt to impair or prohibit development of a park upon the Park property by the Corporation in accordance with the terms and conditions of this Contract. 19. Effect of Termination. Any termination under this Contract shall take effect upon the non - terminating party's receipt of a notice of termination. Upon termination, all rights and obligations of the parties hereto shall cease; provided, however, that the Corporation, in its sole discretion, may elect to complete any portion of the work in progress that it deems necessary in order to avoid liability to others resulting from the termination; and that the Corporation shall be allowed a reasonable time to stop work, demobilize and remove from the Property any material, equipment, personal property or other items which are not property of the City and not yet incorporated into the Park. Upon termination, the Corporation shall be allowed to designate in writing any and all partial complete improvements which are intended 9505030239 to become City property and any improvements not so designated will be removed from the property by the Corporation as quickly as reasonably possible. Further, if and to the extent desired by the Corporation upon termination, the Corporation shall tender and the City shall accept any remaining funds from donations to the park project and material on site intended to be incorporated into the improvements. 20. Destruction of Improvements. If at any time during the. Term, any improvements to the Park property made by the Corporation are destroyed or damaged by any cause or casualty, the Corporation shall have no obligation to restore such improvements. However, the Corporation may, at its sole option, elect to restore such improvements in accordance with Approved Plans or, if approved by the City Council, with such modified plans and specifications as the Corporation may propose to the City. If the Corporation elects against restoration, then the Corporation shall, by written notice to the City, terminate this Contract. In the event of such termination, possession of the Park property shall be surrendered to the City in its then -existing condition. Upon such termination, the Corporation shall release to the City any insurance proceeds received by the Corporation by reason of such damage or destruction on the condition that the City use such insurance proceeds for purposes of deve c piag-the Pack. 21. Removal of Property at Expiration of Contract. Within thirty (30) days of the expiration of the Term, the Corporation shall remove all equipment, material, supplies, personal property or other items from the Park property, excepting any such items which comprise improvements. 22. Monthly Reports. During the Term, the Corporation shall provide the City Council and City Administration with monthly written reports summarizing the status of Park development and construction of the improvements. Such reports shall include unaudited cash flow statements or financial statements prepared in accordance with accepted accounting standards and practices and such other information as the City may reasonably request from time -to -time in writing, provided, however, that nothing in this paragraph shall require the Corporation to disclose the name of any individual contributor, the amount contributed by any contributor, or any other information which is deemed "privileged" under the law. 23. Preclusion of. Waste. The Corporation shall not commit or permit any waste or damage to the Property and shall not permit any rubbish to be deposited or accumulated upon the Property. 24. Right of City Inspection - Suspension of Work. The City or its agents may enter upon the Property at all reasonable times and in a reasonable manner for the purpose of conducting inspections. .If the City determines that work has been or is being done that is.not.in accordance -with the Approved Plans or city codes or regulations, it may order work • suspended until the Corporation brings the work into compliance with the Approved Plans or codes or regulations. Upon receiving such suspension order, the Corporation will cease all work until the City gives notice to proceed. EASE-CON.00C 9505030239 25. Utilities. During the Term, the Corporation shall pay the cost of any and all utilities used in - connection with development and construction of the improvements on the Park property. 26. Liens.. The Corporation shall keep the Park property free and clear of any and all liens or encumbrances arising from work performed or materials supplied to the project. At the City's request, the Corporation shall furnish the City written proof of payment of any item which would constitute the basis for such a lien. 27. Unauthorized Improvements. The Corporation shall not dispose of or make any alterations or improvements which will affect the Park property or appearance thereof, or make any changes to or use of the Park property, contrary to or not included in Approved Plans without the prior written approval of the City Council. 28. Condemnation, If, during the Term, the Park property shall be taken or condemned in whole or in part by any competent authority, then this Contract shall terminate with respect to that portion of the Park property taken or condemned upon the date title vests in the condemnor. With respect to any remaining portion of the Park property not so taken or condemned, either party may terminate this Contract by written notice to the other if it determines that development of the Park is no longer feasible. If neither party elects to terminate the Contract with respect to such remaining portion of the Park property, the City Council and the Corporation shall fully cooperate in the preparation of modified plans and specifications for Park development. All compensation awarded upon such taking or condemnation shall become the sole property of the City and the Corporation shall have no claim thereto. 29. Assignment. The Corporation will not assign, or in any manner substitute, any person or organization, to its rights or responsibilities under this Contract without the written approval of the City Council. 30. Notices. Any notice request, designation,direction, statement or other communication to be give pursuant,to this Contract shall be. in writing and shall be delivered in person or mailed, in a properly addressed and stamped envelope with the required postage, to the intended recipient as follows: The City: Mayor John W. Rants Tukwila City Hall 6200 Southcenter Blvd. Tukwila, WA 98188 and The Corporation: R.M. Braukus, President The Tukwila Pond Committee 22828 - 68th Avenue South Kent, WA 98032-6019 • and 9505030239 Ms. Linda Cohen, City Attorney Tukwila City Hall 6200 Southcenter Blvd.. Tukwila, WA 98188 Frederick Mendoza Cromwell, Mendoza & Belur, P.S. 6450 Southcenter Bv., Ste. 100 Tukwila, WA 98188 Any party may change its address specified in this paragraph by giving the other written notice in accordance with this paragraph. 31-. Miscellaneous: This Contract sets forth the entire agreement between the parties and supersedes any and all prior agreements. This Contract shall be construed and interpreted in all respects in accordance with the laws of the State of Washington. The invalidity or unenforcability of any provision of this Contract shall not affect the other provisions, hereof, and this Contract shall be constructed in all respects as if such invalid or unenforceable provisions were omitted. IN WITNESS WHEREOF the Parties have executed this Contract on the date first above stated. THE TUKWILA POND COMMITTEE APPROVED AS TO FORM: 4 x,'10 / f 4e -j City Attorney CITY OF TUKWILA 9505030239 STATE OF WASHINGTON ) )ss. COUNTY OF KING On this Z day of ! c , 199--> before me, the undersigned, a Notary public in. and for the State of Washington, personally appeared R.M. Braukus, to me known to be the.: President of the THE TUKWILA POND COMMITTEE, the nonprofit corporation that. executed the foregoing instrument, and acknowledged the said instrument, to be the free and voluntary act and deed of said nonprofit corporation, for the uses and purposes therein mentioned, and on oath stated that R.M. Braukus was authorized to execute the said instrument, and that the seal, if affixed, is the corporate seal of said nonprofit corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at 0 /9,& O, O to NOTARY PURI` in and for the State of Washington, residing at 0 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) ri On thiday of 19Y3 before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared John W. Rants, to me known to be Mayor of the CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said nonprofit corporation, for the uses and purposes therein mention, and on oath stated that John McFarland was authorized to execute the said instrument and that the seal, if affixed, is the corporate seal of said municipal corporation. WIT official seal hereto affixed the day and year first above written. ;tri. •� 4.,,Wk" i 4- �efos"--. 9505030239 12 ATTACHMENT "A" The land referred to in this Agreement is situated in the State of Washington, County of King and is described as follows: PARCEL A: Lot 2 of City of Tukwila Short Plat No. 91 -9 -SS as recorded under Recording No. 9208261819, records of King County, Washington. PARCEL B: An easement for ingress and egress over the following described tracts: Beginning at the Northwest corner of the Northwest quarter of the Southeast quarter of Section 26, Township 23 North, Range 4 East, W.M., Thence Easterly along the Northerly line thereof, 20 feet; Thence Southerly, parallel to the Westerly line of the said Northwest quarter of the Southeast quarter, 20 feet; Thence Westerly, Parallel to the Northerly line of the said Northwest quarter of the Southeast quarter, 20 feet to the Westerly line of said Northwest quarter of the Southeast quarter; Thence Northerly, along said Westerly line, 20 feet to the point of beginning; Also the Northerly 16 feet of that portion of the Northeast quarter of the Southwest quarter of Section 26, Township 23 North, Range 4 East, W.M., lying Easterly of the Mess Bros. County Road; PARCEL C: A non-exclusive easement for vehicular passage only over and across an unspecified 30 foot wide portion of the West 60 feet of Lot rof Lot Line Adjustment No. 88-6-BLA Tukwila Pond, recorded under Recording No. 8906011033, being a re-recording of 8901240241, as contained within instrument recorded under Recording No. 8902211002. Situate in the County of King, State of Washington. 9505030239 , PA• 4'14: • . 401 Jeg‘ii - t • • • -1 • • , CamavJe tEntl Stone Wall 11,--511%1 4 Re411.1.11% • • • • .31xiaing Bialiltration Suak- - • (k. . . ••••••: isj.,; • . f,•; ?i/ ,• • s...s.) • -• •r• 4 Section i1.-_(2pt•ti Shrlivr Mart & ‘Vnier Ff.:mire ilatiquivso 1,1r• r-tr Rud (Anonatal Planting. W..ir and Woo. rcdmv - •!‘ •-•,•,V3y-1/1 . 77...fi.• • A \ • - & Roamont. lit v.1,4 • 'r ;•oi / • • • • 71A.'74„.7"..Z.iit's'sni•••.„ , tz • .1, ill III AO -a gmtion 13 - Vater rt'altire 1)1•17n & Pond Walbvay Uuoking.nuabl IV NagolC11 Nth ••• C:Carna: WakT cmd,:d w..11.4 •,.. ' i : :, •,1,,\ I: I; -;..- ,•!. "i .v Y ,,, I. I( / t • 'At. ,• t/ • ;.• :.'.\(di'i• •.‘, • ,:•;:ili, IP 12aiskx1 Willy it WIaland & Vitming „,), . ,.:•,r/U•177•VIN4, ' 4 Wolalx1 & 15' Itulkr • 541 Enlunaxl I . . : 1 i -f -v7 • ?Fa • 1L7WA4 ' .: ' •••.:f,\if i • 'If — , or Pow \ [1./ l'•V• L.• • 19i Cmlion C -Palk Vv's..tland & Poud lir = Tukwila Pond Park Citv 'Alumna% of Parks & Reen..ation 5 Manic associates kin 1.•slye `-'*”. • ••'• • "."•*-.... • ""* 9505030239 Ii/c.aAJ Vr h.kt I'kaa and .k.n.t. Int ti,U 11 italt-lin, A .y.iry+..J mak: lidnnJ Md,J unit IS IRdk'+ ILL ikn I..J ATTACHMENT B III Wall:nay to Pang: Yarning Mutton 1 dPrJ hTtlr.+he 1O 9w'14t Ine•Ited «n.• mrEwt Woksai Ikgnuti Vastly IL.tnn Min. Arch ng lLdiannn Sault --_-_ Itdm\J NdbJ nth IS IRdk hwtlt.+ip- Sign — Lci.li.p Iry u....) — IR.Ia..J'1 n\. pyp.l f-ni.i n: Ii.dilnnwin tiwtriy Itsk I:nAghg ti.a.akrt IaJ.vrin axes. _1Fran Ling klm� mnJ Pb.tin: ;t a.l lgdd.in\•. _ � z — Ih\win avg. a. 1 to �. T 1"t Sc alt IkRnutJ i--: h . - - Ilrf _. l a a lxw+n q::. 11 r.. a It .1n\ Plam j4i/L_ r hd/99 hdrind San Stamp µ— n..nt eenk•w.v 1 nvl p Irwied city hu tl 1 row: !tansy lien kNaal\- rk.J\r to h-.iraa.J nigh tonne. and hatihrana mutts 4 • i 1;.th a. purling with ovn. 1 11 �j R% Ii W:lk-rnalaJ nava:- +.rEw\ • - yr- . Pi" Ii.n Sn, Pah J •" run a • i IL -i -1(—. ''Yi Y . i l ln<It th 11 1)I i 1 M\wi t.y.\\x a. tial ....o I:.kncat I:.l. I -nn tip. R laal•.�!c m r _luau Nt.sch n. Inn Tuk1vi1a Pond I'arl: .r ldwl6 u;<ma,..r Pals R w ,.yn.. Z.M. Murase :L1-titk i8k.S . 8901240241 City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206)433-1849 January 13, 1989 G. Wayne °otter Barghausan Consulting Engineers, Inc. 18215 - 72nd Avenue South Kent. WA 98332 SUBJECT: Tukwila Pond 88-6-BLA Dear Mr. Potter: The City of Tukwila has completed the review of your request for boundary line adjustment for Tukwila Pond. Your proposed boundaries are approved as submitted. If you should have any questions, please feel free to call me. incerely, sa ck Pace Senior Planner 441.-4 76; %1 ir.Ilh., 'ail t ii4 9/6-//k 414, / he./ 1,0 4geoi /917A/: 41411 eik) /tne y, s<< 89'01 •'24 *0241 1 RECD. F 10.000 REV S" 26.00 CASHSL rt*36.00 55 AVO S111103A130311 4 MAP v►lo. COPPER NC. (INCASED! STRANGER BLVD. 58815'33'E 1338.84' . 0' . u 1 0' Iu 1: N West line IIB 1/4 N01'1024'E 4 I• sQ ID • L9 rll x110 m 1- m ccs 885.00' NEW North line 911 1/4 NE 1/4 See. 26 • M. STD. METRO BRASS 11 )4114' CONC. POST 841.73 Y EENI. AFN. • 30' CI 668397 S88'I5'33'E LI 212.17' L5 1.'\- 0LC) I.. ' A'• --s 2S. 15 AC L8 ,-0 534.4I' IO J FW S8810'37'E 30, Pe 0T .z A.F.N. 668397 • —r 10' ESM'T. —►I AFN. 740208-1 0363 $;.ALE 1"=200 Southwest corner SW 1/4 NE 1/4 Section 26-23-4 E. 669.69' South Line NE l,,/4 Soc. 26 A.F.N. 6397207.1 639.69' N01'0325'E UNE REARING LISO'427"N 2 SO1.44'^r W L3 S88.15'33'E L4 S01.4427'W L5 S88.15'33'E L6 50I.44'27'W L7 N4818 37'E 1.8 501'44'e71/ N88'06'43'W 1339.38' 01ST. LINE REARING DIST. 63.00' L9 S80' 15'33'E 120.00' 62.00' u0 S01.4417'W 70.00' 9.00' LII S88':513'E 84.68' 62.00' 133.00' 482.33' 113.91' 37.10' CURVE ARC DELTA RA(IUS CI TeJ7' 34'27'01• 130.00' Land Surveyor's Certificate: This Boundary Line Adjustment/Lot Consolida-. tion correctly represents a survey" made by me or under my dt ion in conformance with the requlremeyt pproprlatt.'S a statute. iy7 jr. END. BRASS DISC • • IN 4'X4' CONC. POST (INCASE01 BCE #2885 Map on F11e in Vault Direction: _•- N Scale: 1••200' Name: /} 'fy ' / Date: /"/9-89(/// It ' ''•9'8'9 ; Ai r: 1bII Certificate No.,d * A lot consolidation does not require a sury y .. of the perimeter unless the.11nes arc adjuste,' _ (2g/.BLA.MAP) rage 1 of .....45_ I71Aewim Rgtk N. aiBiA • 8901240241 2.1.12J.412.15: _ The North half of the Southwest quarter of the northeast quarter and the west half of the south half of_ the southwest quurtcr of the nortnenst quarter of Section 26, Township 23 North, Range 4 East, W.M.; EXCEPT the North 30 feet of said North half deeded to the City of Tukwila by decd recorded under Recording Number 5747914; ALSO L'XCLPT the East 30 feet of said Southwest quarter of thn Northeast quarter deeded to City of Tukwila by deed record'd under Recording Number 7402080363; ALSO an casement for Ingress and egress over the following described tracts: BEGINNING at the Northwest corner of the Northwest quarter of the Southeast quarter of Section 26, Township 23 North, Range 4 East, W.M. and running; THENCE Easterly along the Northerly line thereof, 20 feet; THENCE Southerly, parallel to tho westerly line of said Northwest quarter of the Southeast' quarter, 20 feet; THENCE Wcstcrly, parallel to the Northerly line of said Northwest quarter of the Southeast quarter. 20 feet to the Westerly line of said Northwest quarter of the Southeast quarter; THENCE Northerly, along said Westerly Linc, 20 feet to thc POINT OF BEGINNING; ALSO The Northerly 16 feet of that portion of the Northeast quarter of the Southwest quarter of Scction 26, 'township 23 North, Rnngc 4 Cast, W.M., lying Easterly of the Mus Brothers County Road; OLD LOT'S' Tho Southeast quarter of the Southwest garter of the Northeast quarter of Section 26, Township 23 North, Rnngc 4 East, W.M.; EXCEPT thc East 30 feet deeded to the City of Tukwila by deed recorded under Recording No. 7402050363; All situato in the County of King, State of Washington. /as N M ` hill n CM) I?".^ 890124::241 LOT 2 That portion of the Southwest quart•- or the Northeast quarter of Lection 26, Township 23 North, Range 4 East, of the, Willamette Meridian; in King County, Washington. COMMENCING at the Southwest cornet of the Southwest quarter of the Northeast quarter of said Section 26; THENCE North or 10' 24' East, along saki West line of said Southwest quartet 1293.57 feet tot e South margin of St render Boulevard; THENCE South 88 15' 33' East, along said margin, 665.00 feet to the TRUE POINT OF BEGINNING of thls description. THENCE South 01' 44' 27' Wcst, 63.00 feet to a point of tangent curvature concave to the Northeast having a radius of 130.00 feet; THENCE Southeasterly along said curve through art arc of 34. 27' 01' an arc length of 78.17 feet; THENCE South 88' 15' 33' East, 212.17 feet; THENCE South 01' 44' 27' Wcst, 62.00 feet; THENCE South 88' 15' 33' East, 9.00 feet; THENCE South or 44' 27' West, 62.00 feet; THENCE North 88' 15' 33' West, 133.00 feet; THENCE South 01' 44' 27' Wcst, 150.00 feet; THENCE North 88' 15' 33' Wcst, 48°..33 feet; THENCE South 48' 28' 37' Wcst, 113.91 feet; THENCE South 01' 44' 27' West, 37.10 feet; THENCE North 88' 15' 33' Wcst, 120.00 feet; THENCE South 01' 44' 27' West, 80.00 feet; THENCE North 88' 15' 33' West, to the West line of the Northeast quarter of said Section 26, 84.68 feet; THENCE South 01' 10' 24' West, along sold lino 687.83 feet to the Southwest corner of the Northeast quarter of said Section 26; THENCE• South 88' 06' 43' East, along the South line of the Northeast quarter of said Section 26, 1309.38 feet to the West margin of Andover Park West; THENCE North 01° 03' 25' East, along said margin, 1296.97 feet to the South margin of said Strander Boulevard; THENCE North 88' 15' 33' Weat, along said margin, 641.73 feet to the TRUE POINT OF BEGINNING and TERMINUS of this description. TOGETHER WITH and SUBJECT TO any easements and reservations of record. A ape - 1' iwit.A ea )D V it -t,. 6c. 8901240241 DEC.ARATION: Know all men by these presents that we, the undersigned, owner(s) in fee simple and/or contract purchaser(s) of the land herein described do hereby make an application for a boundary lire adjustment/tot co,isolidation thereof. The undersigned further de•lare that the attached map is the graphic representation of aanboundary ne accorntetAtheowner(s)tile . 1s made with the freeconsentindancewiththedesireof In witness whereof we have set -our hands and seals. •s://.1 6d—A°nie 4d /79 Name STATE OF WASHINGTON County of King 1 Q On this day personally appeared before me eilu-e 1 Re-vt a Ii t -I , WAAAil PO4-vv.. -S • I.1. (13,1,,, !; 4 - P.„...... ---x it- n ll to me .lnown to be t e Individual aescrlbed in and who executed the within and foregoing instrument, and acknowledged that tt{{�k E. sig the same as 14- IC free and votary act and deed,.for the uses and purposes therein mens oni ea.— G� GIVEN under my hand and official seal tliis � I day of Pu 01•' •. •, ... htMeuannt STATE OF WASHINGTON County of King 19 17 otary u lic in and for the State oT Washington. residing at On this day personally appeared before me o me nown o e c n ividual described in and who executed the withsn and igand foregoing instrument, and acknowledged that ree an vo untary act and—dees, for the same as the uses and purposes therein mention- GIVEN under my hand and official seat this day of , 19 • (29/BLA.OECLAR) Notary Public in and for the St,.te of Washington. residing at: Page __.. — of rL.A /.00 OPERATION AND EASEMENT AGREEMENT BENOLIEL ROMNEY DAYTON HUDSON CORPORATION AND 8—A—BENOLIEL—ROMtEY f179, LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP WHEN RECORDED KIAL TO: MARK A. LEVIN Lasker & Johnson 100 So. King Street. Suite 6000 Seattle. WA :98104-2869 EXCISE TAX Deputy MONO Section OPERATION AND EASEMENT AGREEMENT TABLE OF CONTENTS PARTIES Page 1 Article I DEFINITIONS 2 1.1 Building Area 2 1.2 ti Common Area 2 1.3 Floor Area 2 1.4 Occupant 3 1.5 Outside Sales 3 1.6 Party 3 1.7 Person 4 1.8 Permittee 4 1.9 Tract 5 Article II EASEMENTS 5 2.1 Ingress and Egress 5 2.2 Utilities 8 2.3 Construction, Maintenance and 10 Reconstruction 2.4 Restriction 12 Article III CONSTRUCTION 12 3.1 General Requirements 12 3.2 Common Area 14 3.3 Building Improvement 17 Article IV MAINTENANCE AND REPAIR 22 4.1 Utilities 22 4.2 Common Area 23 4.3 Building Improvements and Outside Sales Area 33 Article V OPERATION OF THE SHOPPING CENTER 34 5.1 Uses 34 5.2 Lighting 38 5.3 Signs 40 5.4 Insurance 42 5.5 Taxes and Assessments 48 5.6 Liens 48 i • "! ... • 100111 Article VI MISCELLANEOUS 49 6.1 Default t9 6.2 Interest 51 6.3 Estoppel Certificate 51 6.4 Notices 52 6.5 Approval Rights 53 6.6 Condemnation 54 6.7 Binding Effect 54 6.8 Singular and Plural 55 ►6.9 Counterparts and Signature Pages 55 6.10 Negation of Partnership 55 6.11 Not a Public Dedication 55 6.12 Excusable Delays 56 6.13 Severability 56 6.14 Amendments 56 6.15 Captions and Capitalized Terms 56 6.16 Minimization of Damages 57 6.17 OEA Shall Continue Notwithstanding Breach 5. 6.18 Time 57 6.19 Non waiver 57 Article VII TERM 58 7.1 Term of this OEA 58 Article VIII OPTION 8.1 Grant of Option to Purchase 58. 8.2 Option Events 58' 8.3 Notice, Appraisal, Exercise, Closing . • 60 8.4 Determination of Price, Appraisal . . . • 62 8.5 Miscellaneous 64 Exhibit A Legal Description of Target Tract Exhibit B Legal Description of Developer Tract Exhibit C Submission Guidelines Exhibit X Site Plan 11 OPERATION AND EASEMENT AGREEMENT THIS 5RKENZNT ('OEA') is made and entered into as of tht )4 day of—W=1-1909, er 1909, between DAYTON HUDSON CORPORATION, a Minnesota corporation ("Target") and S-H-Benoliel-Romney 1179, Limited Partnership, a California limited partnership ("Developer"). 8eafirst Mortgage is an additional signatory hereto for the sole reason that it is Developer's lender and holds a deed of trust and other security interests as a lien against the Developer Tract. By its signature hereto, 8eafirst Mortgage agrees to be bound by the provisions of the Operation and Easement Agreement with respect to the Developer Tract, for itself and for its successors and assigns. WITNESSETH WHEREAS, Target is the owner of a certain tract of land described in Exhibit A attached hereto and identified as the "Target Tract" on Exhibit X (the •Site Plan') attached here- to; and WHEREAS, Developer is the owner of a certain tract of land described in Exhibit B attached hereto and identified as the 'Developer Tract" on the Site Plan; and WHEREAS, the Target Tract and the Developer Tract (collectively the "Shopping Center') are contiguous and adjacent as shown on the Site Plan; and WHEREAS, the signatories hereto intend to develop and operate their respective Tracts in conjunction with each other as integral parts of a retail shopping complex and in order to effectuate the common use and operation thereof they desire to enter into certain covenants and agreements 1 • • • as a part of a general plan, and to grant to each other cer- tain reciprocal easements, in, to, over, and across their respective Tracts. NOW, THEREFORE, in consideration of the premises, the covenants and agreements hereinafter set forth and in furtherance of the parties understanding, it is agreed as follows: ARTICLE 1 DEFINITIONS 1.1 Building Area. "Building' Area" shall mean the limited arena of the Shopping Center within which buildings (which for the purpose of this document shall include any appurtenant canopies, supports, loading docks, truck ramps and other outward extensions, as well as attached trash com- pactors and utility transformers) and Outside Sales Areas (hereinafter defined) may be constructed, placed or located. 1.2 Common Area. "Common Area' shall mean all areas within the exterior boundaries of the Shopping Center, exclusive of (1) buildings and (ii) any Outside Sales Area. 1.3 Floor Area. "Floor Area shall mean the actual number of square feet of space contained on each floor within a building, including any mezzanine or basement space used either for retail sales or services purposes or for the storage of merchandise,. as measured from the exterior faces of the exterior walls or store front and/or the center line of any common walls; provided, however, that the following areas shall not be included in such calculations: Outside Sales Areas, supporting mezzanine office space, and any space used for building utilities or mechanical equipment. Within thirty (30) days of a request,.a Party shall certify 2 to the requesting Party the amount of Floor Area applicable to each building on its Tract. If any Party causes an as - built survey to be prepared with respect to any portion of the Shopping Center, such Party shall furnish a copy of the survey to the other Parties for informational purposes only. During any period of rebuilding, repairing, replacement or reconstruction. of a building, the Floor Area of that building shall be deemed to be the same as existed imme- diately prior to that period. Upon completion of such rebuilding, repairing, replacement or reconstruction, the Party upon whose Tract such building is located, shall cause a new determination of Floor Area for such building to be made in the manner described above, and such determination shall be sent to any Party requesting the same. 1.4 Occupant. •Occupant• shall mean any Person from time to time entitled to the use and occupancy of any por- tion of a building in the Shopping Center under an ownership right or any lease, sublease, license, concession, or other similar agreement. 1.5 Outside Sales Area. •Outside Sales Area• shall mean ra area immediately adjacent to a building which is used exclusively by an Occupant of such building for sales and/or storage purpose and which is enclosed by a fence or other security barrier. The number of square feet contained within an Outside Sales Area may not exceed twenty percent (203) of the Floor Area attributable to the Occupant using the Outside Sales Area. 1.6 Party. •Party• shall mean each signatory hereto and, after compliance with the notice requirements set forth below, their respective successors and assigns who become owners of any portion of the Shopping Center. Until the 3 MIND notice requirement is complied with, the transferring Party shall (for. the purpose of this OEA only) be the transferee's neat. Each Party shall be liable for the performance of all covenants, obligations and undertakings herein set forth with respect to the portion of the Shopping Center owned by it which accrue. during the period of such ownership, and such liability shall continue with respect to any portion transferred until the notice requirement set forth below is complied with, at which time the transferring Partys per- sonal liability for future obligations shall terminate. The . transferee Party shall automatically become liable for all obligations, performance requirements and amounts which arise subsequent to compliance with the notice requirement A Party transferring all or any portion of its interest in the Shopping Center shall give notice to all other Parties of such transfer and shall include therein at least the following information: (i) the name and address of the transferee; and (ii) a copy of the legal description of the por- tion of the Shopping Center transferred. Nothing contained herein to the contrary shall affect the existence, priority, validity or enforceability of any lien permitted hereunder which is placed upon the trans- ferred portion of the shopping Center prior to receipt of the notice. 1.7 Person. "Person" shall mean any individual, part- nership, firm, association, corporation, trust, or any other form of business or government entity. 1.8 Permittee. "Permittee" shall mean all Occupants and the officers, directors, employees, agents, contractors, 4 customers, vendors, suppliers, visitors, invitees, licen- sees, subtenants, and concessionaires of Occupants insofar as their activities relate to the intended use of the Shopping Center. Among others, Persons engaging in the following activities on the Common Area will not be con- sidered to be Permittees: (i) Exhibiting any placard, sign, or notice; (ii) Distributing any circular, handbill, placard, or booklet; (iii) Soliciting memberships or contributions; (iv) Parading, picketing, or demonstrating; and (v) Failing to follow regulations relating to the use of the Shopping Canter. 1.9 Tract. 'Tract• shall mean that portion of the Shopping Center owned by a Party. ARTICLE II EASEMENTS 2.1 ingress and Egress. During the term of this DEA each Party hereby grants and conveys to each other Party for its use and for the use of its Permittees, in common with others entitled to use the same, a non-exclusive easement for the passage and parking of vehicles over and across the parking and driveway areas of the grantor's Tract as the same may from time to time be constructed and maintained for such use and for the passage and accommodation of pedestrians over and across the parking, driveways and sidewalk areas of the grantor's Tract as the same may from time to time be constructed and maintained for such use. • `•• .+. N 8 Target also grants and conveys to Developer for vehicular passage only for its use and for the use of Its Permittees, in common with others entitled to use the same, a non- exclusive easement over and across the roadway developed on the Target Tract along the property line running from Strander Boulevard along the rear of Target's proposed improvements, which easement is** Provided that Target retains the same number of parking. spaces as now shown on the sits plan for its property, and subject to reciprocal rights of ingress and egress for the benefit of Target and its customers, Target will agree to consider for approval, with approval not to be unreasonably withheld, the request of Developer for an additional widening and development of the street running from Strander Boulevard along the westerly edge (at the rear of Target's proposed improvements), with the maximum impact upon Target's property to be eighteen (18) feet, and with such roadway to be improved at Developer's sole expense. Such easement rights shall be subject to the following reser- vations as well as other provisions contained in this DEA: (i) Except for situations specifically provided for in the following subparagraphs, no fence or other barrier which would unreasonably prevent or. obstruct the passage of pedestrian:or vehicular travel for the purposes herein permitted shall be erected or permitted within or across the easement areas; provided, however, that the foregoing provision shall not prohibit the installation of convenience facilities (such as mailboxes, public tele- phones, benches or public transportation shelters), of landscaping, berms or planters, nor of limited curbing and other forms of traffic controls. • 30 feet wide *a located within the West 60 feet of the Target • Tract and to be more particularly described by an Addendum recorded by the Parties subsequent to the date hereof. 6 (ii) In connection with any construction, reconstruction, repair or maintenance on its Tract, each Party reserves the right to create a staging and/or storage area in the Common Area on its Tract at such location as will not unreasonably interfere with access between such - Tract and the other areas of the Shopping Center. (iii)% No party shall make changes to the improved Common Area on its Tract without the approval of Developer and Target, except that ,each Party hereby reserves the right, from time to time without obtaining the consent or approval of any other Party, to make at its own expense any insignificant change, modification or alteration in its por- tion of the Common Area, provided that: (a) the accessibility of such Common Area for pedestrian and vehicular: -traffic (as it relates to the remainder of the Shopping Center) is not unreasonably restricted or hindered. (b) there shall be maintained at all times within such Common Area, a sufficient number of vehicular parking spaces to meet the parking requirements set forth in 3.2(N), and all parking stalls and rows and vehicular traf- fic lanes shall remain generally as shown on the Site Plan; (c) no governmental rule, ordinance or regu- lation shall be violated as a result of such action, and such action shall not result in any other Party being in violation of any governmental rule, ordinance or regulation; (d) no change shall be made in the access points between the Common Area and the public streets; pro- vided, however, that additional access points may be created with the approval of Target and Developer, such approval not to be unreasonably withheld; (e) at least thirty (30) days prior to making any such change, modification or alteration, the Party desiring to do such work shall deliver to each other Party copies of the plans therefor, and provided further that such work shall not occur between October lst and the following January 31st. ti (iv) Each Party further reserves the right to close off its.portion of the Common Area for such reasonable period of time as may be legally necessary, in the opinion of such Party's counsel, to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to closing off any portion of the Common Area, as herein provided, such Party shall give written notice to each other Party of its intention to do so, and shall attempt to coor- dinate such closing with each other Party so that no unreasonable interference in the passage of pedestrians or vehicles shall occur; (v) Each Party reserves the right at any time and from time to time to exclude and restrain any Person who is not a Permittee from using its Common Area. 2.2 Utilities. (A) Each Party hereby grants and conveys to each other Party non-exclusive perpetual easements in, to, over, under, along and across those portions of the Common Area (exclusive of any portion located within a Building Area) located on the grantor's Tract necessary for the installa- tion, operation, flow, passage, use, maintenance, connec- tion, repair, relocation, and removal of lines or systems for utilities serving the grantee's Tract, including but not limited to, sanitary sewers, storm drains, water (fire and domestic), gas,' electrical, telephone and communication 8 lines. Except with respect to ground mounted electrical transformers at the rear of a building or as may be necessary during periods of construction, repair, or tem- porary service, all utilities shall be underground unless 'required to be above ground by the utility providing such service. Prior to exercising the right granted herein, the grantee stall .first provide the grantor with a written statement describing the need for such easement, shall iden- tify the proposed location of the utility, and shall furnish a certificate of insurance showing that its contractor has • obtained the minimum insurance coverage required by 5.4(C) hereof. Any Party installing utilities pursuant to the pro- visions of this subparagraph shall pay all costs and ex- penses with respect thereto and shall cause all work in connection therewith (including general clean-up and proper surface and/or subsurface restoration) to be completed as quickly as poaaible and in a manner so as to minimize inter- ference with the use of the common Area. If any, of the Parties elect to install common utilities, all coats and expenses thereof may be set forth in a separate agreement between those cooperating Parties. (B) The initial location and width of'any utility shall be subject to the prior written approval of the Party whose Common Area is to be burdened thereby, such approval not to be unreasonably withheld. The easement area shall be no larger than whatever is'necessary to reasonably satisfy the utility company as to a public utility or five feet (5') on each side of the centerline As to a private line. Upon request, the grantee shall provide to the grantor a copy of an as -built survey showing the location of such utility. The grantor shall have the right at any time to relocate a utility line upon thirty (30) days' prior written notice, provided that such relocation: . 9 .... (i) shall not interfere with or diminish the utility services to the grantee; (ii) shall not reduce or'unreasonably impair the usefulness or function of such utility; (ili) shall be performed without cost or expense to grantee; (iv) shall be completed using materials and design standards which equal or exceed those originally • used; and (v) shall have been approved by the utility company and the appropriate governmental or quasi - governmental agencies having jurisdiction thereover. Documentation of the relocated easement area shall be the grantor's expense and shall be accomplished as soon as possible. Grantee shall have a right to require an as - built survey of such relocated utility be delivered to it at grantor's expense. 2.3 Construction, maintenance and Reconstruction. (A) In order to accommodate any footings, foun- dations, columns or walls which may be constructed or reconstructed immediately adjacent to a common boundary line and which may overlap that common boundary line, each Party grants to each other Party a non-exclusive easement in, to, over, under, and across that portion of its Tract adjacent to such common boundary line in space not theretofore occupied by any then existing structure for the construc- tion, maintenance and replacement of footings to a maximum distance of five feet (5') onto the grantor's Tract and for the construction, replacement and maintenance of faun - 10 • dations, columns, or walls to a maximum distance of six inches (66) onto the grantor's Tract. The grant of easement shall include the reasonable right of access necessary to exercise and enjoy such grant. The easement shall continue in effect for the term of this OEA and thereafter for so long as the building utilizing the easement area exists (including a reasonable period to permit reconstruction or replacement of such building if the same shall be destroyed, damaged, or demolished) and shallinclude the reasonable right of access necessary to exercise and enjoy such grant. (B) Prior to utilizing the easement right set forth in (A) above, the grantee Party shall advise the gran- tor Party of its intention to use the same, shall provide plans and specifications and proposed construction tech- niques for the improvements to be located within the ease- ment area, and shall give the grantor Party an opportunity to commence any construction activities which such Party contemplates undertaking at approximately the same time to the and that each Party involved shall be able to utilize subterranean construction techniques which will permit the placement above ground of .a building on each Tract imme- diately adjacent to the common boundary line. If a common subterranean construction element is used by the Parties, it is specifically understood that each shall assume and pay its reasonable share of the cost and expense of the initial construction and, so long as both Parties are benefitting therefrom, subsequent maintenance thereof. In the event any building utilizing a common subterranean element is destroyed and not replaced or is removed, the common sub- terranean construction element shall be left in place for the benefit of any building utilizing the same located on the adjoining Tract. 11 2.4 Restriction. No Party shall grant any easement for the purpose set forth in this Article for the benefit of any property not within the Shopping Center; provided, however, that the foregoing shall not prohibit the granting or dedi- cating of utility easements by a Party on its Tract to governmental or quasi -governmental authorities or to public utilities. ARTICLE III CONSTRUCTION. 3.1 General Requirements. (A) Each Party agrees that all construction activ- ities performed by it within the Shopping Center shall be performed in compliance with all laws, rules, regulations, orders, and ordinances of the city, county, state, and federal governments, or any department or agency thereof, affecting improvements constructed within the Shopping Center. (B) Each Party further agrees that its construc- tion activities shall not: (i) cause any unreasonable increase in the cost of constructing improvements upon another Party's Tract; (ii) unreasonably interfere with construction work being performed on any other part of the Shopping Center; (iii) unreasonably interfere with the use, occupancy or enjoyment of any part of the remainder of the Shopping Center by any other Party or its Permittees;. 12 (iv) cause any other Party to be in violation of any law, rule, regulation, order or ordinance applicable to its Tract of the city, county, state, federal government, or any department or agency thereof. (C) Each Party agrees to defend, indemnify and hold harpies, each other Party from all claims, actions, proceedings and costs incurred in connection therewith (including reasonable attorneys' fees and costs of suit) resulting from any accident, injury or loss or damage what- soever occurring to any Person or to the property of any Person arising out of or resulting from the performance of any construction activities performed or authorized by such indemnifying Party. (D) Prior to constructing, reconstructing, remod- eling, or enlarging a building or changing the Common Area on its. Tract, a Party shall give Developer and Target at least 30 days prior notice of the proposed location of any staging and storage area. All storage of materials and the parking of construction vehicles, • including vehicles of workers, shall occur only on the constructing Party's Tract, and all laborers, suppliers,, contractors and others con- nected with such construction activities shall use only the access points located upon the constructing Party's Tract. If substantial work is to be performed, the constructing Party shall, et the request of'either Developer or Target, fence off the staging and storage area. Upon completion of such work, the constructing Party shall restore the affected Common Area to a condition at least equal to that existing prior to commencement of such work. (E) Each Party hereby grants and conveys to each other Party and to its respective contractors, materialmen and laborers a temporary license for access and passage over 13 • • • • and across the Common Area of the grantor's Tract as shall be reasonably necessary for the grantee to construct and/or maintain improvements upon the grantee's Tract; provided, however, that such license shall be in effect only during periods when actual construction and/or maintenance is being performed and provided further that the use of such license shall not be exercised so as to unreasonably interfere with the use and operation of the Common Area by others. Prior to exercising the rights granted herein, the grantee shall first provide the grantor with a written statement describing the need for such license, and shall furnish a certificate of insurance showing that its contractor has obtained the minimum insurance coverage required by 5.4(C) hereof. Any Party availing itself of the temporary license shall promptly pay all costs and expenses associated with such work, shall diligently complete such work as quickly as possible, and shall promptly clean the area and restore the affected portion of the Common Area to a condition which is equal to or better than the condition which existed prior to the commencement of such work. Notwithstanding the foregoing, in the event a dispute exists between the contractors, laborers, suppliers and/or others connected with construction activities, each Party shall have the right to prohibit the contractors, laborers, suppliers and/or others working for another Party from using the Common Area on its Tract. 3.2 Common Area. Upon its election to construct a .building upon its Tract, each Party shall cause the Common Area on its Tract to be improved substantially as shown on the Site Plan with substantial completion of such Common Area to be no later than the date the first business on such Tract opens for business with the public. Such work shall be done in a good and workmanlike manner and in accordance 14 15 � •• • (i) four (4) parking spaces for each one thousand (1,000) square feet of Floor Area located on the Target Tract; (ii) five (5) parking spaces for each one* thousand (1,000) square feet of 'Floor Area located on the Developer Tract; plus, with respect to each Tract, (iii) if a business use contains a drive -up unit (such as remote banking teller or food ordering/ dispensing.facility), then there shall also be created space for stacking not less than five (5) automobiles for each drive -up unit; and (iv) if restaurant uses, whether one or more, are in the aggregate of eight thousand (8,000) square feet of Floor Area, than ten (10) additional parking spaces for each one thousand (1,000) square feet of Floor Area devoted to such use; Providod however, if a restaurant is operated incidentally to the main business operation (incidental operation shall mean occupying leas than 10% of the Occupant's Floor Area), than the Floor Area attributable to such restaurant shall be excluded from the application of (iv) above. Further, without Target's advance written consent, no restaurant shall be located in the building located on the Developer Tract as Building C on the Site Plan. Any restaurant occupying moro than 2,000 square feet must be located in Building B northerly area on the northeast corner of the Developer Tract and must be restricted from selling any alcohol other than beer and wine. The foregoing requirements as well as all govern- mental regulations, ordinances and similar orders relating 16 to parking shall be satisfied throughout the term of this O$A and without reliance on the parking spaces that may be available on another Tract. In the event of a condemnation of part of a Tract or sale or transfer in lieu thereof that reduces the number of usable parking spaces below that which is required herein, the Party whose Tract is so affected shall use' its best efforts (including using proceeds. from the condemnation award or settlement) to restore and/or substitute parking spaces in order to comply with the parking requirements set forth above. If such compliance is not possible, such Party shall not be deemed in default hereunder, but shall not be permitted to expand the amount of Floor Area located upon its Tract. If such Floor Area is thereafter reduced, then it may not subsequently be increased unless the parking requirement is satisfied. (F) Developer and Target hereby approve the grading and drainage plan to be used in initial construction of the Common Area, dated November 11, 1988, and prepared by Barghausen Consulting Engineers, Inc., with last revised date November 25, 1988. Such grading and drainage plan • shall be followed by the Parties during construction. During the term of this CEA, no Party shall alter the grade elevations on any portion of its Tract from those established by such plans if such alteration would increase the flow of surface water onto another Party's Tract, affect ingress and egress, or otherwise adversely affect another Party's Tract. 3.3 Building Improvement. (A) The Parties hereby agree that (i) .all buildings and Outside Sales Areas may be located only within the Building Areas designated on the Site, Plan, and (ii) if. a maximum Ploor Area designation for any Building Area is 17 shown on the Site Plan, such size limitation shall not be exceeded. (B) Za order to produce an architecturally com- patible Shopping Center, Developer and Target agree that the initial building construction and any additions, exterior remodeling or reconstruction of existing improvements thereafter 4ull be performed only in accordance with approved plans for such work es provided herein. The Party proposing such work shall submit to Developer and Target detailed plans (•Plans•) as required by Exhibit C attached hereto and made a part. hereof. Developer and Target, respectively, shall either approve, disapprove, or make recommendations for change in the Plans within thirty (30) days of the receipt thereof. Failure to approve, disapprove, or make recommendations for change within said thirty (30) day period shall constitute an approval of the Plans as submitted. Any disapproval or recommendation for change shall specify with particularity the reason therefor. Upon submission of any disapproval or recommendation for change, the submitting Party, Developer and Target shall mutually consult to establish approved Plans for the pro- posed work. Target and Developer shall not arbitrarily or unreasonably withhold approval of the Plans or recommend changes in the Plans which otherwise conform with the requirements hereof. In addition, Developer and Target shall not withhold approval of exterior remodeling or exterior reconstruction which does not either substantially enlarge an existing structure, or substantially change an existing structure. In no event shall Developer or Target require any other Party to utilize design standards superior to those utilized by the requiring Party in the construction of improvements on its Tract. Approval of Plans by Developer and Target shall not constitute assumption of 11 responsibility for the accuracy, sufficiency, or propriety thereof, nor shall such approval constitute a representation or warranty that the Plans comply with applicable laws. No material deviation shall be made from the approved Plans. Notwithstanding anything contained herein, Developer acknowledges that it is familiar with the "Target retail store" and igreii that Target shall not be obligated to sub- mit Plans with respect to such type of building. (C) Developer and Target hereby specifically con- sent to the placement of buildings along the common boundary line between the Target Tract and the Developer Tract, and each agrees to support any request by the other for a side - yard or setback variance if the same is required in order to accommodate such construction. (D) Developer acknowledges that Target intends to construct on the Target Trect its typical retail store which is generally classified as an "unlimited area building under applicable building codes. (By way of explanation, but not limitation, an •unlimited area building is designated II -N or V -N under the Uniform Building Code.) Target agrees that if it constructs an "unlimited area building, such building shall be located immediately adja- cent to the common boundary line. So long as Target plans to construct an "unlimited area building, or so long as an "unlimited area building exists on the Target Tract (including any restoration or reconstruction thereof). Developer agrees that each building placed or constructed. on the Developer Tract shall comply with the following require- ments: (i) no building shall be constructed within 60' of the Building Area on the Target Tract unless such building, hereinafter referred to as the 'adjacent 19 • In or if be building,' shall be located immediately adjacent to the common boundary line and is attached to the "unlimited area' building on the Target Tract, when and so long as such 'unlimited area' building exists. (ii) if an 'adjacent building' exists, than no wilding shall be located within 60' of the 'adjacent building' unless such building is attached to the "adjacent buildings" the 'adjacent building' and all other building oa the Developer Tract that are attached to the "adjacent building' and to each other are hereinafter referred to as the 'building group.' (iii) any building that is not rert of the 'building group," shall be located at least 60' distant from the 'building group.' (iv) the 'adjacent building' group,' as the case may be, shall building code requirements applicable area' building, including without installation of an approved sprinkler system for or the 'building comply with the to an 'unlimited limitation the fire protection. order to confirm the existence of a sixty foot (60') yard clear area around the Target building and the buildings, any, which are included within (i) and (ii) above, it may necessary to place of record an instrument establishing the same. Each Party agrees to join in the execution of such instrument in a form satisfactory to such Parties. In addition to the requirements set forth above, no building shall be placed or constructed on the Developer Tract in a manner which will itself either preclude the construction of an "unlimited area" building on the Target Tract, or cause an existing "unlimited area• building on the Target Tract to 20 N 8 no longer be in conformance with applicable building code requirements. (8) The second Party to construct a building along the common boundary line between the Target Tract and the Developer Tract shall do so in a manner that does.not result in damagetto the improvements in place on the adjoining Tract, and further shall undertake and assume at its sole cost the obligation of completing and maintaining the nomi- nal attachment (flashing and seal) of its building to that of the existing building on the other Tract, it being the intent of the Parties to establish and maintain the appearance of one continuous building complex. In per- forming such attachment, the wall of one building shall not receive support from nor apply pressure to the wall of the other building. (P) If a portion of any Building Area is at one point in time paved and used as Common Area, such portion may be subsequently used for building purposes provided that all parking requirements and other provisions relating to such Tract are complied with. Likewise, such building may be subsequently razed, and until replaced, the area shall thereafter be deemed part of the Common Area, and shall be improved to the same standards as the other Common Area, either as automobile parking and drive area or as landscaped area. (G) }o building or other structure (exclusive of any free standing sign referred to in 5.3 hereof) shall exceed the following height restrictions: 21 (i) On the Target Tract - 30 feet (ii) On the Developer Tract - 30 feet (exclusive of Building Areas) (iii) Building Areas - 30 feet The height of any building shall be measured.per- pendicular from the finish grade of the Building Area to the top of the highest single portion of the building, including any screening parapet, penthouse, mechanical equipment or similar appurtenance located on the roof of such building; the height of any structure shall be measured from its base to the highest single point. ARTICLE IV MAINTENANCE AND REPAIR 4.1 Utilities. (A) Each Party shall repair and maintain in first- class condition all utility facilities, lines, and systems located on its Tract that serve only it's Tract unless the same are maintained by a public or quasi -public utility or authority. (8) The grantee of a utility easement referred to in 2.2(A) (exclusive of an easement in which common utility lines and systems are located, which facilities shall be maintained as part of the Common Area), shall maintain and repair at its cost any facilities installed pursuant to such grant which exclusively serve such grantee's Tract unless the same are granted or dedicated to and accepted by a util- ity or a governmental agencyacceptss to a grantor which bl the hi h agrees to maintain and replace the same. Any maintenance and repair of non -dedicated utilities located on another 22 Party's Tract shall be performed only after two (2) weeks' notice to the grantor (except in an emergency the work may be initiated with reasonable notice) and shall be done after normal business hours whenever possible and shall otherwise be performed in such a manner as to cause as little distur- bance in the use of the grantor's Tract as is practicable under to. circumstances. Any Party performing or causing to b. performed maintenance or ropair work agrees to promptly pay all. costs and expenses associated therewith to dili- gently complete such work as quickly as possible and to • promptly clean the area and restore the affected portion of the Common Area to a condition equal to or better than the condition which existed prior to the commencement of such work. 4.2 Common Area. (A) The minimum standard of maintenance for the improved Common Area shall be comparable to the standard of maintenance followed in other first-class retail develop- ments of comparable size in the Seattle metropolitan area and in any event in compliance with all applicable govern- mental laws, rules, regulations orders and ordinances, and the provisions of this DEA All Common Area improvements shall be repaired or replaced with materials at least equal to the quality of the materials being repaired or replaced so as to maintain the architectural and aesthetic harmony and integration of the Shopping Center as a whole. The maintenance and repair obligation in any event shall include but not be limited to the following: (i) Drive and Parking areas. Maintaining all paved surfaces and curbs in a smooth and evenly covered con- dition which maintenance work shall include, without limita- tion, cleaning sweeping, restriping,'repairing, resealing 23 cO . '.': •- and resurfacing. (For the purpose of this section, an overlay of the drive and parking area shall be considered a repair or maintenance item.) (ii) Debris and Refuse. Periodic removal of all papers, debris, filth, refuse, ice and snow, including swisping to the extent necessary to keep the Common Area in a first clasL, clean and orderly condition. All sweeping shall be at appropriate intervals during such times as shall not interfere with the conduct of business or use of the Common Area by persons intending to conduct business with Occupants of the Shopping Canter. (iii) Sign and Markers. Placing, cleaning, keeping in repair, replacing and repainting any appropriate directional signs or markers, including any handicapped parking signs. (iv) Lighting. Operating, keeping in repair, cleaning and replacing when necessary such Common Area lighting facilities as may be reasonably required, including all lighting necessary or appropriate for Common Area security. (v) Landscaped Areas. Cleaning and main- taining all landscaped areas, including landscaping and planters adjacent to exterior walls of buildings; repairing automatic sprinkler systems or water lines in the Common Area; irrigating, weeding, pruning, fertilizing and replacing shrubs and other landscaping as necessary; pro- vided, however, that if any Occupant requires or installs •special• landscaping (i.e. beyond the standard landscaping requirements for the remainder of the Shopping Center), the maintenance and cost of such special landscaping shall be borne solely by such Occupant without cost or expense to the 24 other Parties and shall not be included in Common Area main- tenance costs. (vi) Utilities. Maintaining, cleaning, and repairing any and all common storm drains, utility lines, sewers and other utility systems and services located in the - Common Area which are necessary for the operation of the Common Aria, and the maintenance and replacement of the trunk line portion of utility lines serving the Building Areas. (vii) Obstructions. )(wiping Common Area free from any obstructions including those caused by the sale or display of merchandise, unless such obstruction is permitted under the provisions of this OU. (viii) Sidewalks. Cleaning (including washing and/or steam cleaning), maintenance and repair of all sidewalks, including those adjacent and contiguous to buildings located within the Shopping Center. Sidewalks shall be cleaned at appropriate intervals during such time as shall not interfere with the conduct of business or use of the Common Area. (ix) Security Personnel. Providing of pro- fessional security personnel with the Common Area, if reasonably required. (x) Traffic. Supervision of traffic at entrances. and eAits to the Shopping Center and within the Shopping Center as conditions reasonably require in order to maintain an orderly and proper traffic flow. Notwithstanding anything to the contrary, each Party shall maintain and repair, at its sole cost, in a clean, sightly and safe condition any exterior shipping/ 25 receiving dock area, any truck ramp or truck parking area, any refuse, compactor or dumpster area, and any separate utility lines or any lateral utility lines extending to and from common trunk lines. (g) From and after the date upon which the Common Area of the Shopping Center is substantially completed, Developer shall maintain the same or cause it to be main- tained, in good order, condition and repair. Developer shall have the right, from time to time, to select another ' person or persons to. maintain the Common Area, provided that Developer shall remain responsible at all times for the maintenance of the Common Area. If Developer selects another person to maintain the Common Area, such person shall be a recognised professional commercial property man- agement company, and Developer shall notify Target at least 30 days in advance of the commencement of maintenance by such person. Developer may hire companies affiliated with • it to perform the maintenance and operation of the Common Area, but only if the rates charged by such companies are competitive with those of other companies furnishing similar services in the Tukwila-Southcenter area, it being agreed that this provision shall be constructed strictly against Developer. Target grants to Developer, its agents, employees and/or contract persons a license to enter upon the Target Tract to discharge Developer's duties to operate, maintain and repair the Common Area pursuant to 4.2. Developer shall expend only such funds as are reasonably necessary for the operation, maintenance and insurance of the Common Area and shall promptly pay such costs ("Common Area Maintenance Costs") when incurred. For the purpose of this CEA, Common Area Maintenance Costs shall not include: 26 (i) any late charges or fees; . (ii) any charge for electricity; (iii) any costs to clean up or repair the Common Area resulting from promotional activities or from _ construction, maintenance or.replacsnent of buildings; (iv) real property taxes and assessments; (v) Developer's profit, administrative and overhead costs (such as rent, legal, supplies, utilities and wages or salaries paid to management or supervisory personnel), it being further agreed that if a person is involved with other than Common Area operational and main- tenance matters at the Shopping Canter, then Developer shall allocate such person's time to•properly reflect his varied duties; and (vij entertainment, transportation, meals and lodging of anyone. In lieu of Developer's profit, administrative and overhead costs, Developer shall be permitted to charge en amount ("Administration Fee') computed by multiplying the Common Area Maintenance Costa (exclusive of insurance pre- miums, the mark-up portion of fees paid to third parties who perform the Common Area operation and maintenance on Developer's behalf, and utility charges) by five percent (5%). (C) Developer shall, at least 90 days prior to the beginning of each calendar year, submit to Target an esti- mated budget ('Budget") for the projected Common Area Maintenance Costs and the Administration Pee for operating and maintaining the Common Area of the Shopping Center for the ensuing calendar year. The Budget shall identify separate cost estimates for at least the following cate- gories: (i) sweeping and cleaning of the parking, drive and sidewalk areas; including removal of snow and ice, where appropriate; • (ii) repair and maintenance of lighting stan- dards.and replacement of bulbs, ballasts and lens; (iii) repair and maintenance of sidewalks; (iv) repair and maintenance of drive and parking areas; (v) repair and maintenance of landscaping; (vi) repair and maintenance of common utility linen and systems; (vii) trash removal; (viii) premium for public liability insur- ance; supplies; (ix) security, if any; (x) rental or purchase of equipment and (xi) utilities; (xii) depreciation or trade-in allowance applicable to items purchased for Common Area purposes; and (xiii) administration fee. • ..•... N S ooFT]. cO If an item of repair or maintenance is to be accomplished in phases over a period of calendar years, such as resurfacing of the drive and/or parking areas, then the Budget shall separately identify the cost attributable to such year (including the area of the Common Area affected), and shall nots the anticipated cost and timing (indicating the frea of the Common Area affected) of such phased work during succeeding calendar years. Target, within 30 days after receipt of the Budget, shall either approve or disapprove of the same. If Target disapproves, it shall set forth in reasonable detail its grounds for disapproval, and thereupon Target and Developer shall consult with each other to establish a final approved Budget. If a Budget is not approved by December 1st, Developer shall have the right to terminate the joint main- tenance of the Common Area by written notice to Target prior to December 10th. If the notice is given, then Developer shall maintain and operate the Developer Tract and Target shall maintain and operate the Target Tract, commencing on the following January 1st. If the notice is not given, then Developer shall continue to maintain and operate the Common Area for the next calendar year. Developer shall use its best efforts to operate and maintain the Common Area of the Shopping Center in accordance with the Budget; provided however, Developer shall have the right to make emergency repairs to the Common Area to. prevent injury or damage to person or property, it being understood that Developer shall nevertheless advise Target of such emergency condition as soon as reasonably possible including the action taken and the cost thereof. If the cost of the emergency action exceeds $5,000.00 then Developer may submit a supplemental billing to Target, including therewith evidence supporting such payment, and Target shall pay its share thereof within 29 8 cO thirty (30) days; if the cost limitation set forth above is not exceeded then such costs shall be included as part of the Common Area Maintenance Coats at the year end. (D) Target's share of the Common Area Maintenance Costs and the Administration Bee shall be determined by multiplying the aggregate amount thereof by a fraction, the numeratbr of which is the number of square feet of land area within the Target Tract and the denominator of which is the number of square feet within the Shopping Center. Developer shall pay or cause to be paid the balance of such costs. Target shall pay to Developer in equal monthly payments, in advance, its share based either upon the amount set forth in the approved Budget, or if a Budget is not approved, then the lesser of the amount set forth in the unapproved Budget or the monthly payment established for the prior year. The Developer shall reasonably estimate the first' calendar year's expense and Target shall make its first payment in the month following Developer's undertaking of such main- tenance and repair of the Common Area. Within 45 days after the end of each calendar year, Developer shall provide Target with a certified statement setting forth the actual Common Area Maintenance Costs paid by it for the operation and maintenance of such Common Area, the Administration Fee, and Target's share of the aggregate thereof, together with supporting invoices and other materials. If the amount paid by Target for,such calendar year shall have exceeded its share, Developer shall refund the excess to Target at the time such certified statement is delivered, or if the amount paid by Target for such calendar year shall be less"than its share, Target shall ,pay the balance of its share to Developer within 30 days after receipt of such certified statement 30 cO Within two years after receipt of any such cer- tified statement, Target shall have the right to audit Developer's books and records pertaining to the operation and maintenance of .the Common Area for the calendar year covered by such certified statement; Target shall notify Developer of its intent to audit at least 15 days prior to the designated. audit date.. In the event that such audit shall disclose any error in the determination of Target's share of the Common Area Maintenance Costs or the Administration lee, an appropriate adjustment shall be made forthwith. The cost of any audit shall be assumed by. Target, unless Target shall be entitled to a refund which is in excess of three percent (3%) of the amount calculated by Developer as Target's share for the calendar year, in which case Developer shall pay the cost of such audit. (E) Developer agrees to defend, indemnify and hold Target harmless from and against any mechanic's, material - men's and/or laborers' liens, and all costs, expenses and liabilities in connection therewith, including reasonable attorney's fees and court costs, arising out of the main- tenance.by Developer of the Common Area and in the event that the Target Tract shall become subject to any such lien, Developer shall promptly cause such lien to be released and discharged of record, either by paying the indebtedness which gave rise to such lien or by posting such bond or other security as shall be required by law to obtain such release and discharge. (P) In the event any of the Common Area is damaged or destroyed by any cause whatsoever, whether insured or uninsured, during the term of this OEA, other than damage caused by ordinary use or wear and tear, the Party upon whose Tract such Common Area is located shall repair or 31 • .; •.;•,.,•••• .: restore such Common Area at its. sols cost and expanse with all due diligence; provided that no Party shall be required to expend more than $250,000 (which amount shall be increased by $50,000 every five (5) years upon the anniver- sary date of this 0EA) in excess of insurance proceeds which maybe available (or which would have biped available except for election relating to deductibles or self-insurance for which the owner shall be responsible to contribute) for such repair or restoration. A Party may require another to do such restoration work if the requiring Party has agreed in • writing to pay the costs in excess of such sum. Except to the extent limited by 5.4(3) hereof, in the event such damage or destruction of Common Area is caused in wholi or in part by another Party or third Person, the Party obli- gated to maks such repair or restoration reserves and retains the right to proceed against such other Party or third Person for indemnity, contribution or damages. (G) Target shall have the right, upon not less than sixty (60) days' written notice given to Developer; to take over and assume the maintenance of the Common Area upon the Target Tract, provided that such notice shall be effec- tive only as of the last day of a calendar quarter. If Target assumes the maintenance of the Common Area upon its Tract, it agrees that following the effective date of such assumption, it will perform all of the functions specified in 4.2 (A), and pay all costs and expenses incurred in con- nection with the maintenance and operation of the Common Area on its Tract. Notwithstanding the foregoing, Developer shall continue to maintain the common utilities of the Shopping Center regardless of location and shall continue to maintain the Common Area security program. Target shall have the right, but not the obligation, to continue to par- ticipate in the Developer's Common Area public liability 32 4. insurance program. Upon such assumption by Target, it shall be released from the obligation to contribute towards Developer's maintenance and operation•of the balance of the Common Area, except with respect to those functions iden- tified above for which continued participation is mandatory and except further for any function for which continued par- ticipation is elected; Target's share of such costs shall be paid in accordance with the concepts expressed in 4.2(D) above. 4.3 Building improvements and Outside Sales Area. (A) After completion of construction, each Party covenants and agrees to maintain and keep the building improvements and Outside Sales Area, if any, located on its Tract in first-class condition and state of repair, in compliance with all governmental laws, rules, regulations, orders, and ordinances exercising jurisdiction thereover, and in compliance with the provisions of this OEA. Each Party further agrees to store all trash and garbage in ade- quate containers, to locate such containers so that they are not readily visible from the parking area, and to arrange for regular removal of such trash or garbage. (B) In the event any of the building improvements are damaged by fire or other casualty (whether insured or not), the Party upon whose Tract such building improvements are located immediately shall remove the debris resulting from such event and provide a sightly barrier and within a reasonable time thereafter shall either (i) repair or restorethe building improvements so damaged, such repair or restoration to be performed in accordance with all provi- sions of this OEA, or (ii) erect other building improvements in such location, provided.all.provisions of this OEA are complied with, or (iii) demolish the damaged portion of such 33 building improvements and restore the area to an attractive 'condition in which event the area shall be Common Area until a replacement building is erected. Such Party shall have the option to choose which of the foregoing alternatives to perform, but such Party shall be obligated to perform one of such alternatives. Such Party shall give notice to each other Party within ninety (90) days from the date of such casualty of which alternative it elects. ARTICLE V OPERATION Or TBE SHOPPING CENTER 5.1 Uses. (A) No part of the Shopping Center shall be used for other than retail sales or services, restaurants or com- mercial purposes, provided any retail service uses located on the Developer Tract shall be of the type defined below and shall not occupy more than fifteen percent (15%) of the total Floor Area on such Tract. Retail service uses shall mean financial institutions, real estate and stock brokerage offices, travel or insurance agencies and similar uses pro- viding services directly to the public for retail fees. (B) No use shall be permitted in the Shopping Center which is inconsistent with the operation of a first- class retail shopping center. Without limiting the generrL- ity of the foregoing, the following uses shall not be permitted: (i) Any use which emits an obnoxious odor, noise, or sound which can be heard or smelled outside of any building in .the Shopping Center; (ii) Any operation primarily used as a ware- house operation and any assembling, manufacturing, 34 distilling, refining, smelting, agricultural, or mining operation; (iii) Any •second hand store or •surplus• store; (iv) Any mobile home park, trailer court, labor camp,dunkyard, or stockyard (except that this provi- sion shall not prohibit the temporary use of construction trailers during periods of construction,. reconstruction, or maintenance); (v) Any dumping, disposing, incineration, or reduction of garbage (exclusive of garbage compactors located near the rear of any building); (vi) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; (vii) Any central laundry, dry cleaning plant, or laundromat; provided, however, this prohibition shall not be applicable. to on-site service oriented to pickup and delivery by the ultimate consumer, including nominal supporting facilities, as the same may be found in retail shopping districts in the metropolitan area where the Shopping Center is located; (viii) Any automobile, truck, trailer or recreational vehicles sales, leasing, display or repair; (ix) Any bowling alley; (x) Any skating rink; (xi) Any living quarters, sleeping apart- ments, or lodging rooms; 35 (xii) Any veterinary hospital or animal raising facilities (except that this prohibition shall not prohibit pet shops); (xiii) Any mortuary; (xiv) Any establishment selling or exhibiting porn graphic materials; (xv) Any bar, tavern, restaurant or other establishment whose reasonably projected annual gross reve- nues from the sale of alcoholic beverages'for on -premises consumption exceeds sixty percent (60%) of the gross reve- nues of such business; (xvi) Any health spa, fitness center or workout facility exceeding 5,000 square feet; (xvii) Any theatre; (xviii) Any flea market, amusement or video arcade, pool or billiard hall, car wash,'or dance hall; (xix) Any training or educational facility, including but not limited to: beauty schools, barber colle- ges, reading rooms, places of instruction or other opera- tions catering primarily to students or trainees rather than to customers; provided however, this prohibition shall not be applicable to on-site employee. training by an occupant incidental to the conduct of its business at the Shopping Center. • (C) The following use and occupancy restrictions shall be applicable to the Developer Tract: (i) No restaurant shall be located thereon except as provided in paragraph 3.2(E); (xx) Any full-service cafeteria or buffet -style restaurant • (e.g. "Kings Table" reataurants), provided that this subparagraph (xx) shall not be deemed to exclude limited service buffet -style restaurants (e.4. "The Soup Exchange" restaurants). 36 N 8_ alme op of Floor Area apparel store of Floor Area 1 be used for (ii) No toy store exceeding 5,000 square feet shell be permitted; (iii) No junior department store and/or exceeding in the aggregate 15,000 square feet shall be permitted; (iv) No more than 10% of the Floor Area may office purposes.' (D) The name "Target" shall not be used to ,iden- tify the Shopping Center or any business or trade conducted on the Developer Tract. (E) No merchandise, equipment or services shall be displayed, offered for sale or lease, or stored within the Common Area; provided however, that the foregoing prohibition shall not be applicable to (i) the storage of shopping carts on the Target Tract; (ii) the seasonal display and sale of bedding plants on the sidewalk in front of the building located on the Target Tract, or (iii) tem- porary Shopping Center promotions, except that no promo- tional activities will be allowed without the prior written approval of Developer and Target, such approval may be with- held in their sole and absolute discretion. (F) No Permittee shall be charged for the right to use the Common Area. (G) Each Party shall use its best efforts to cause the employees of the Occupants of its Tract to park their vehicles only on such Tract. 37 5.2 Lighting. (A) After completion of the Common Area lighting system on its Tract, each Party hereby covenants and agrees to keep its Tract fully illuminated each day from dusk to at least 11:00 p.m. and further agrees to keep any exterior building.security lights on from dusk until dawn. (B) It is recognized that business establishments within the Shopping Center may be open for business at dif- ferent hours, and that the owner or principal Occupant of on• Tract upon which a business establishment is open later may wish to have the Common Area lights on another Tract continue to burn beyond the required period. Accordingly, the owner or principal Occupant of such Tract (•Requesting Owner•) shall have the right, at any time to require the owner or principal Occupant of the other Tract (•Requested Owner•) to keep its Common Area lights on until a later hour as stipulated by the Requesting Owner; provided that the Requesting Owner notifies the Requested Owner of such request not leas than fifteen (15) days in advance. The Requesting Owner shall state the period during which it wishes the lights to be kept on to a later hour and shall pay to the Requested Owner a prepayment deposit as follows: (i) If the period is less than thirty (30) days, then the deposit shall be one hundred ten percent (110%) of the reasonable cost (as estimated by the Requested Owner) of electrical power for such later hours to be incurred by the Requested Owner. (ii) If the period is greater than or equal to thirty (30) days, then the deposit shall be one hundred ten percent (110%) of the reasonable cost (as estimated by the Requested Owner) of electrical power during the first 38 thirty (30) days of the period for such later hours to be incurred by the Requested Owner. If the period is greater than thirty (30) days, then the Requesting Owner shall renew such prepayment deposit at the and of each thirty (30) day period. The Requesting Owner agrees to pay ons hundred ten psresit (110%) of the cost to tbs Requested Owner of electrical.power to provide such extra -hours illumination. If the.Requested Owner is of the opinion that the deposits made by, the Requesting Owner do not cover one hundred ten percent (110%) of such costs, the Parties shall attempt to agree to the cost of such electrical power and if they can- not do so, than the amount the Requesting Owner is obligated to pay shall be determined from the power costs as estimated by the electrical utility company furnishing such power, or if the utility fails to do so, by a reputable engineer. Upon the failure of a Requesting Owner to pay the aforesaid amount or renew a deposit as required hereby, the Requested Owner shall have the right to discontinue such additional lighting and to exercise other remedies herein provided. Any such request for additional lighting may be withdrawn .or terminated at any time by written notice from the Requesting Owner, and a new request or requests for changed hours may be made from time to time. (C)• As an alternative to the process of lighting another's Tract as set forth in (B) above, a Party (•Constructing Party•) may install, with the consent of the other Party (•Consenting Party•), a secondary wiring system, from the Constructing Party's Tract to the light standards on the Consenting Party's Tract, which• would permit a por- tion or all of the lighting on the Consenting Party's Tract to be operated contemporaneously with the lighting on the 39 • 0 Constructing Party's Tract. All costs and expenses asso- ciated with the installation, maintenance, replacement, and operation of such secondary wiring, including the cost of energy to light any portion of the Consenting Party's Tract, shall be assumed and promptly paid by the Constructing Party. The Constructing Party shall submit to the ConsentingtParty appropriate plans and specifications for the installation of such secondary wiring systems. The Consenting Party shall have thirty (30) days to approve or disapprove of such submission, such approval not to be unreasonably withheld. If the Consenting Party does not disapprove of the submission within the 30 -day period, 'approval shall be deemed given; if disapproval is given, the Constructing Party shall revise the submission to accom- Aodate the reasonable objections of the Consenting Party and then may resubmit such plans and specifications to the Consenting Party for its approval. 5.3 Signs. No exterior identification signs shall be allowed within the Shopping Center except as set forth hereinafter. (A) No freestanding sign shall be permitted within the Shopping Center unless constructed in areas designated on the Site Plan, and only one such sign may be located in each designated area. The Target sign area may be used to identify not more than two (2) Occupants of the Target Tract. The Developer sign area may be used to identify the Shopping Center name and/or one Occupant of the Developer Tract. The designation of a freestanding sign location on a Tract shall in no way obligate the benefiting Party to construct such freestanding sign. However, if such a freestanding sign is constructed, the benefiting Party shall be responsible for the sign's operation and maintenance on a 40 first-class basis. Developer and Target shall have the right to approve the design and size of all freestanding signs; provided, however, that Developer hereby approves the. use by Target of its standard prototype identification sign as the same exists from time to time. Notwithstanding anything above to the contrary, each Party shall be permitted to place within the Common Area located on its Tract directional signs or informational signs such as •Handicapped Parking•, the temporary display of leasing information and the temporary erection of one sign identifying each contractor working oa a construction job. (8) Any Occupant occupying less than twenty-five thousand (25,000) square feet of Floor Area may not have more than two (2) identification sign placed on the exterior of the building it occupies; provided however, that if any such Occupant is located at the corner of a building, then such Occupant may have an identification sign on each side of such corner. Any Occupant occupying at least twenty-five thousand (25,000) square feet of Floor Area may have more than one identification sign placed on the exterior of the building it occupies. No exterior identification sign attached to a building shall be of the type set forth below: (i) placed on canopy roofs extending above the building roof, placed on penthouse walls, or placed so es to project above the parapet, canopy, or top of the wall upon which it is mounted; (ii) placed at any angle to the building; provided, however, the foregoing shall not apply to any sign 41 located under a sidewalk .canopy if such sign is at least eight (5) feet above the sidewalk; (iii) painted on the surface of any building. No exterior sign shall identify leased departments or concessionaires, or specific brands or products for sale or seriices provided within a business establishment. (C) Exterior identification signs attached to buildings and freestanding signs •hall be in compliance with tenant sign criteria of Developer, which tenant sign cri- teria shall be submitted for approval to Target, with approval not to be unreasonably withheld. 5.4 Insurance. (A) Developer shall maintain or cause to be main- tained in full force and effect Comprehensive Public Liability Insurance covering the Common Area of the Shopping Center with a'combined single limit of liability of not leas than Five Million Dollars ($5,000,000.00) for bodily or per- sonal injury or death, and for property damage, arising out of any one occurrence. Such insurance shall include the following provisions: (i) shall provide that the policy may not be canceled or materially reduced in amount or coverage without at least thirty (30) days prior written notice by the insurer to each insured; insureds; interests; (ii) shall name the other Parties as named (iii) shall provide for severability 42 8 • (iv) shall provide that an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage as to the other named insureds; and (v) shall provide for contractual liability coverage with respect to the indemnity. obligation set forth below. ti If Target takes over the operation and maintenance of the Common Area on the Target Tract, and elects not to continue to participate in Developer's insurance program regarding the Common Area, than Target shall maintain or cause to be maintained identical insurance coverage to that sat forth above and Developer shall be released from its obligation to carry such insurance on the Target Tract. Developer covenants to defend, indemnify and hold harmless Target and its directors, officers, agents, repre- sentatives and employees from and against all claims, including any action or proceeding brought thereon, and all costs, expenses and liabilities (including reasonable attor- neys' fees) asserted or incurred in connection with or arising es result of the death of, or any injury, loss or damage whatsoever to any Person, or to the property of any Person, as shall occur due to the performance or failure to perform by Developer of its duties or obligations with respect to the maintenance of the Common Area, except for claims caused by the sole negligence or by the willful act or omission of Target or its directors, officers, contrac- tors, licensees, concessionaires, agents, representatives or employees. If Target elects to take over the maintenance of the Common Area on its Tract, Target shall and covenants to defend, indemnify and hold harmless Developer in identical fashion. . ,. (B) Except to the extent coverage is provided by the insurance required to be maintained under (A) above, each Party (as to its Tract) shall maintain or cause to be maintained in full force and effect Comprehensive Public Liability Insurance with a combined single limit of liabil- ity of not less than live Million Dollars ($5,000,000.00) for bodily or personal injury or death, and for property damage, arising out of any one occurrence. Such insurance shall.include the following provisions: (i) shall provide that the policy may not be canceled or materially reduced in amount or coverage without at least thirty (30) days prior written notice by the insurer to each insured and any additional insureds; (ii) shall name the other Parties as addi- tional insureds; (iii) shall provide for severability of interests; (iv) shall provide that an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage as to the other additional insureds or the insured, respectively; and (v) shall provide for contractual liability coverage with respect to the indemnity obligation set forth below. Each rarty (•Indemnitor") covenants and agrees to "'. indemnify, defend and hold harmless the other Party ("Indemnitee") from and against all claims, costs, expenses and liability (including reasonable attorney's fees and cost of suit incurred in connection with all claims) including ,' • 44 . • • any action or proceedings brought thereon, arising from or as a result of the injury to or death of any Person, or damage to the property of any Person which shall occur on the Tract owned by each Indemnitor, except for claims caused by the negligence or willful act or omission of such Indemnitees, its licensees, concessionaires, agents, ser- vants, of employees, or the agents, servants, or'employees of any licensee or concessionaire thereof. • (C) Prior to commencing any construction activi- ties within the Shopping Center, each Party shall obtain or require its contractor to obtain and thereafter maintain so long as such construction activity is occurring, at least the minimum insurance coverages set forth below: (i) Workers' Compensation - statutory limits (ii) Employers Liability - $100,000 (iii) Comprehensive General and Comprehensive Auto Liability as follows: (a) Bodily Injury - 51,000,000 per occurrence (b) Property Damage - 51,000,000 per occurrence (c); Independent Contractors Liability or Owner's Protective Liability; same coverage as set forth in (a) and (b) above; (d) Products/Completed .Operations Coverage which shall be kept in effect for two (2) years after completion of work; 45 • able; Endorsement) Endorsement. (e) "XCU" Hazard Endorsement, if applic- (f) "Broad Form" Property Damage (g) "Personal Injury" Endorsements; (h) "Blanket Contractual Liability" If the construction activity involves the use of another Party's Tract, than the owner of such Tract shall be an additional named insured and such insurance shall provide that the same shall not be canceled without at least thirty (30) days prior written notice to the named insureds. If such insurance is canceled or expires than the constructing Party shall immediately stop all wcrk on or use of another Party's Tract until either the required insurance is reinstated or replacement insurance obtained. (D) Effective upon the commencement of construc- tion of improvements, the constructing Party will carry or cause to be carried,. fire insurance with an extended coverage endorsement with a financially responsible insurance company or companies, in an amount at least equal to eighty percent (80%) of the replacement cost (exclusive of the cost of excavation, foundations, and footings) of the buildings and improvements, such coverage extending at least to the following perils: loss or damage by fire, windstorm, cyclone, tornado, hail, explosion, riot, riot attending a strike, civil commotion, malicious mischief, vandalism, aircraft, vehicle, smoke damage, and sprinkler leakage. Each Party (the •Releasing Party") hereby releases and waives fir itself and on behalf of. its insurer, any 46 • other Party (the "Released Party') from any liability for any loss or damage to all property of such Releasing Party .located upon any portion of the Shopping Center, which loss or damage is of the type generally covered by fire insurance with an extended coverage endorsement, irrespective either _of any negligence on the part of the Released Party which may have contributed to or caused such loss, or of the amount of such insurance required or actually carried. Each Party agrees to use its best efforts to obtain, if needed, appropriate endorsements to its policies of insurance with •respect to the foregoing release: provided, however, that failure to obtain such endorsements shall not affect the release hereinabove given. • Each Party ("Indemnitor") cove- nants and agrees to indemnify, defend and hold harmless each .other Party ('Indemnitee") from and against all claims asserted by or through any Permittees of the Indemnitor': Tract for any loss or damage to the property of such Permittee located upon the respective Indemnitor': Tract, which loss or damage is of the type generally covered by fire insurance with en. extended coverage endorsement irrespective of any negligence on the part of the Indemnitee which may have contributed to or caused such loss. (B) All insurance required by 5.4 shall be pro- cured from companies. licensed in the state where the Shopping Center is located and shall be rated by Best's Insurance Reports not less than AIX; the limits of such policies shall be reviewed by the Parties and approved as to sufficiency at least every five (5) years. The insurance may be carried under (i) an individual policy covering this location, (ii) a blanket policy or policies which includes other liabilities, properties and locations of such Party, (iii) a plan. of self-insurance, provided that the Party so self-insuring has and maintains $75,000,000 or more of net 47 current assets as evidenced by such party's annual report that is audited by an independent certified public account- ant, or .(iv) a combination of any of the foregoing insurance programs. To the extent any deductible is permitted or allowed as a part of any insurance policy carried by a Party in compliance with 5.4, such Party shall be deemed to be covering 'the amount thereof under an informal plan of self- insurance; provided however, that in no event shall any deductible exceed $50,000.00 unless such Party qualifies for self-insurance pursuant to (iii) above. Each Party agrees • to furnish to any Party requesting the same, a certificate(s) of insurance evidencing that the insurance required to be carried by such requested Party is in full force and effect. 5.5 Taxes and Assesstents. Each Party shall pay, or cause to be paid prior to delinquency, all taxes and assessments with respect to its Tract, the buildings, and improvements located thereon and any personal property owned or leased by such Party in the Shopping Center, provided that if the taxes or assessments or any part thereof may be paid in installments, the Party may pay each such installment as and when the same becomes due and payable. Nothing contained in this subsection shall prevent any Party from contesting at its cost and expense any such taxes and assessments with respect to its Tract in any manner such Party elects, so long as such contest is maintained with reasonable diligence and in good faith. At the time as such contest is concluded (allowing for appeal to the highest appellate court), the contesting Party shall promptly pay all such taxes and assessments determined to be owing, together with all interest, penalties and costs thereon. 5.6 Liens. • In the event any mechanic's lien is filed . against the Tract of one Party as a result of services per - 48 formed or materials furnished for the use of another Party, the Party permitting or causing such lien to be so filed agrees to cause such lien to be discharged prior to entry of final judgment (after all appeals) for the foreclosure of such lien and further agrees to indemnify, defend, and hold harmless the other Party and its Tract against liability, loss, damage, costs or expanses (including reasonable attor- neys' fees and cost of suit) on account of such claim of lien.* Upon request of the Party whose Tract is subject to such lien,.the Party permitting or causing such lien to be filed agrees to promptly cause such lien to be released and discharged of record, either by paying the indebtedness which gave rise to such lien or by posting bond or other security an shall be required by law to obtain such release and discharge. Nothing herein shall prevent a Party per- mitting or causing such lien from contesting the validity thereof in any manner such Party chooses so long as such contest is pursued with reasonable diligence. In the event such contest is determined adversely (allowing for appeal to the highest appellate court), such Party ;hall promptly pay in full the required amount, together with any interest, penalties, costs, or other charges necessary to release such lien. ARTICLE VI MISCELLANEOUS 6.1 Default. (A) If any Party fails to comply with any provi- sion herein ("Defaulting Party"), then any other Party ("Non -Defaulting Party") may, upon forty-five (45) days' prior written notice to the Defaulting Party, proceed to cure the default (and shall have a license to do so) by the payment of money or performance of some other action for the 49 : .. -.. �........., • .• account of the Defaulting Party. The foregoing right to cure shall not be exercised if within the forty-five (45) day notice period (i) the Defaulting Party cures the default, or (ii) if the default is curable, but cannot reasonably be cured within that time period, the Defaulting - Party begins to cure such default within such time period and diligently pursues such action' to completion. The forty-five (45) day notice period shall not be required if, using reasonable judgment, the Non -Defaulting Party deems that an emergency exists which requires immediate attention. • In the event of such an emergency, the Non -Defaulting Party shall give whatever notice to the Defaulting Party as is reasonable under the circumstances. (B) Within ten (10) days of written demand (including providing copies of invoices reflecting costs) the Defaulting Party shall reimburse the Non -Defaulting Party for any sum reasonably expended by the Non -Defaulting Party to cure the default, together with interest thereon. (C) In the event any Party shall institute any action or proceeding against another Party relating to the provisions of this CEA, or if any default hereunder, or to collect any amounts owing hereunder, or if an arbitration proceeding is commenced by agreement of the Parties to any dispute, the unsuccessful litigant in such action or pro- ceeding shall reimburse the successful litigant therein for costa and expenses incurred by the successful litigant in connection with such action or proceeding and any appeals therefrom, including attorneys' fees and court costs. (D) A11 remedies are cumulative and shall be deemed additional to any and all other remedies to which any Party may be entitled in law or in equity. Each Party shall also have the right to restrain by injunction any violation 50 or threatened violation by any other Party of any of the terms, covenants, or conditions of this OEA, or to obtain a decree to compel performance of any such. terms, covenants, or conditions, it being agreed that the remedy at law for a breach of any such term, covenant, or condition (except _ those, if any, requiring the payment of a liquidated sum) is not ad•qugte. • 6.2 Interest. Wherever and as often as one Party shall not have paid any sum payable hereunder to another Party within five (5) .days of the due date, such delinquent Party shall pay interest on such amount from the due date to and including the date such payment is received by the Party entitled thereto, at the lesser oft (A) The highest rata permitted by law to be paid on such type of obligation by the Party obligated to make such payment or the Party to whom such payment is due, whichever in less; or (8) 3% per annum in excess of the prime rate from time to time publicly announced by Norwest Bank, Minneapolis National Association or its successor. 6.3 Estoppel Certificate. Each Party agrees that upon written request (which shall not be more frequent than three (3) times during any calendar year) of any other Party, it will issue to a prospective mortgagee or successor of such other Party or to such other Party, an estoppel certificate stating to the best of the issuer's knowledge that as of such date: (A) whether the Party to whom the request has been directed knows of any default by the requesting Party under this OEA, and if there are known defaults, specifying the nature thereof; 51 �, (B) whether this OEA has been assigned, modified or amended in any way by the requested Party (and if it has, then stating the nature thereof); (C) whether this OEA is in full force and effect; Such statement shall act as a waiver of any claim by the Party furnishing it to the extent such claim is based upon facts contrary to .those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer 'or purchaser for value without knowledge of facts to the contrary of those contained in the statement, and who has acted in reasonable reliance upon the statement; however, such statement shall in no event subject the Party furnishing it to any liability whatsoever, notwithstanding the negligent or otherwise inadvertent failure of such Party to disclose correct and/ot relevant information. 6.4 Notices. All notices, demands, statements, and requests (collectively the •notice•) required or permitted to be given under this OEA must be in writing and shall be deemed to have been properly given or served as of the date hereinafter specified:' (i) on the date of personal service upon the person to whose the notice is addressed or if such person is not available the. date such notice is left at the address of the person to whom it is directed, (ii) on. the date the notice is postmarked by the United States Post Office, provided it is sent prepaid, registered or certified mail, return receipt requested, and (iii) on the date the noticeis delivered by a courier service (including Federal Express, Express Mail, Seery or similar operation) to the address of the person to whom it is directed, provided it is sent prepaid, return receipt requested. The address of the signatories to this OEA is set forth below. 52 • ` •-• Target: Dayton Hudson Corporation Target Stores -Real Estate Attn: Property Administration 33 South Sixth Street Minneapolis, Minnesota 55402 Developer: 8-H-Benoliel-Ramey 0179, Limited Partnership 915 - 118th Avenue S.E. Bellevue, Washington 98005-3855 Each party shall have time, upon at least thereof in accordance the right from time to time and at any ten (10) days prior written notice with the provisions hereof, to change its respective address and to specify any other address within the United States of America; provided, however, not- withstanding anything herein contained to the contrary, in order for the notice of address change to be.effective it must actually be delivered. Refusal to accept delivery of a notice or the inability to deliver a notice because of an address change which was not properly communicated shall not defeat or delay the giving of a notice. C.5 Approval Rights. Unless otherwise herein provided, whenever approval is required, such approval shall not be unreasonably withheld or delayed. Unless provision is made for a specific time period, approval shall be given or with- held within thirty (30) days of the receipt of the request for approval. If a disapproval is not given within the required time period, the requested Party shall be deemed to have given its approval. If a Party shall disapprove, the reasons therefor shall be stated. Except 'with respect to an approval given by lapse of time, all approvals and disapprovals shall be in writing. The •right to approve" herein reserved by Target and Developer, respectively, shall be assignable by each, but only by Developer in total'to a Party who owns a Tract within the Developer Tract, and only by Target in. total to a Party who owns a Tract within the Target Tracts each successor assignee may also assign ruch "right to approve" on the same condition. If the holder of the 'right to approve" transfers its entire ownership interest%prior to assigning ruch 'right to approve', then the transferee Party shall immediately become vested with such "right to approve'. 6.6 Condemnation. In the event any portion of the Shopping Center shall be condemned, the award shall be paid to the Party owning the land or the improvement taken, except that (i) if the taking includes improvements belonging to mors than one Party, such as utility lines or signs, the portion of the award allocable thereto shall be used to relocate, replace or restore such jointly owned improvements to a useful condition, and (ii) if the taking includes easement rights which are intended to extend beyond the term of the OEA, the portion of the award allocable to each such easement right shall be paid to the respective grantee thereof. In addition to the foregoing, if a separate claim can be filed for the taking of any other property interest existing pursuant to this OEA which does not reduce or diminish the amount paid to the Party owning the land or the improvement taken, then the owner of such other property interest shall have the right to seek an award for the taking thereof. 6.7 Binding Effect. The terms of this OEA and all easements granted hereunder shall constitute covenants running with the land and shall inure to the benefit of and be binding upon the signatories hereto and their respective successors and assigns who become Parties hereunder. This 54 IDEA is not intended to supersede, modify, amend, or other- wise change the provisions of any prior instrument affecting the land burdened hereby. 6.8 Singular and Plural. whenever required by the con- text of this OEA, the singular shall include the plural, and vice vIrsa, and the masculine shall include the feminine and neuter genders, and vice versa. 6.9 Counterparts and Signature Pages. This OEA may be executed in several counterparts, each of which shall be deemed an original. The signatures to this OEA may be exe- cuted and notarized on separate pages, and when attached to this CEA shall constitute one complete document. 6.10 Negation of Partnership. None of the terms or provisions of this OEA shall be deemed to create a part- nership between or among the Parties in their respective businesses or otherwise, nor shall it cause them to be con- sidered joint venturers or members of any joint enterprise. Each Party shall be considered a separate owner, and no Party shall have the right to act as an agent for another Party, unless expressly authorized to do so herein or by sepazdte written instrument signed by the Party to be charged. 6.11 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center or of any Tract or portion thereof to the general public, or for any public use or purpose what- soever. Except as herein specifically provided, no right, privileges or immunities of any Party hereto shall inure to the benefit of any third -party Person, nor shall any third - party Person be deemed to be a beneficiary, of any of the provisions contained herein. 55 6.12 Excusable Delays. Whenever performance is required of any Party 'hereunder, that Party shall use all dui dili- gence to perform and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, picketing or other lai;or disputes, unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, .or any cause beyond the reasonable control of a Party, then the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused. The provisions of this section shall not operate to excuse any Party from the prompt payment of any monies required by this ORA. 6.13 Severability. Invalidation of any of the provi- sions contained in this ORA, or of the application thereof to any person by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person and the same shall remain in full force and effect. 6.14 Amendments. This OEA may be amended by, and only by, a Kitten agreement signed by all of the then current Parties and shall be effective only when recorded in the county and state where the Shopping Center is located. No consent to the amendment of this OEA shall ever be required of any Occupant or Person other than the Parties, nor shall any Occupant or Person other than the Parties have any right to enforce any of the provisions hereof. 6.15 Captions and Capitalized Terms. The captions pre- ceding the text of each article and section are included only for convenience of reference. Captions shall be disre- garded in the construction and interpretation of the OEA. 56 + Capitalised terms are also selected only for convenience of reference and do not necessarily have any connection to the meaning that might otherwise be attached to such term in a context outside of this OEA. 6.16 Minimization of Damages. In all situations arising out of this OEA, all Parties shall attempt to avoid and minimize thi damages resulting from the conduct of any other Party. Each Party hereto shall take all reasonable measures to effectuate the provisions of this OEA. 6.17 OEA Shall Continue Notwithstanding Breach. It is expressly agreed that no breach of this OEA shall (i) entitle any Party to cancel, rescind or, otherwise terminate this OEA, or (ii) defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to any part of the Shopping Center. However, such limi- tation shall not affect in any manner any other rights or remedies which a Party may have hereunder by reason of any such breach. 6.18 Time. Time is of the essence of this OEA. 6.19 Non Waiver. The failure of any Party to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that Party may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or con- ditions. 57 ARTICLE VII TERM 7.1 Term of this OEA. This OEA shall be effective as of the date first above written and shall continue in full force and effect until 11:59 p.m. on December 31, 2040; pro- _ vided, however, that the easements referred to in Article II hereof which are specified as being perpetual or as con- tinuing beyond the term of this OEA shall continue in force and effect as provided therein. Upon termination of this OSA, all rights and privileges derived from and all duties and obligations created and imposed by the provisions of the OSA, except as relates to the easements mentioned above, shall terminate and have no further force or effect; pro- vided, however,that the termination of this OEA shall not limit or affect any remedy at law or in equity that a Party may have against any other Party with respect to any liabil- ity or obligation arising or to be performed under this OEA prior to the date of such termination. ARTICLE VIII OPTION 8.1 Grant of Option to Purchase. Target hereby grants to Developer an option to purchase the Target Tract and all improvements and appurtenances thereon (collectively, the "Target Property') pursuant to the terms of this Article VIII, provided however that the 'Target Property shall not include Target's movable trade fixtures, inventory, signs, or other personal property. 8.2 Option Events. Developer's option to purchase shall arise upon the happening of an Option Event as defined in this Section 8.2 58 • (A) Failure to Build or Open. If Target fails to commence construction on the Target Tract on or before December 31, 1990, or fails to open for business to the general public on or before December 31, 1991, then an Option Event shall be deemed to occur on December 31, 1990, or December 31, 1991, as the case may be. Notwithstanding the forgoing, Target may extend the time periods provided in this section e.2(A) for up to four (4) ninety (90) day periods and no Option Event shall be deemed to occur if Target, in good faith, notifies Developer of its intention to. commence construction or to open for business, as the case may be, and thereafter diligently prosecutes its deve- lopment•of the Target Tract to construction or opening as the case may be. (8) After Commencement of Operations. If Target ceases to operate in the entire building on the Target[ Tract, a general merchandise discount department store of the style and quality of the Target Store initially operated in such building and as changed from time to time by Target and its policies, thea an Option Event shall be deemed to occur. (C) Exclusions. (i) Renovation, Remodeling or Reconstruction: No Option Event shall be deemed to occur if the building on the Target Tract is temporarily not open for business solely by reason of renovation or remodeling (but not in excess of twelve calendar. months) or by reason of reconstruction of the Target Store building as a result of damage or destruc- tion (but not in excess of eighteen consecutive calendar months after the event of damage or destruction). (ii) Affiliated Target Entity: No Option Event shall be deemed to occur in the event of a sale of the 59 L • 8.3 Notice, Appraisal, Exercise, Closing. (A) Notice. Within twelve (12) months following the happening of any Option Event, then Developer may give Target notice of its intent to exercise its option, rights arising hereunder. Target shall thereafter have sixty (60) days to open or reopen the Target store, as the case may be, in which case, Developer's option rights arising from the Option Event described in Developer's notice shall be null and void. Notwithstanding the foregoing, if Target makes an official public company announcement that the Target store it closed permanently, then the sixty (60) days' waiting period defined herein shall be reduced to fifteen (15) days. (B) Appraisal Period. The purchase price of the Target Property shall be determined by appraisal or other- wise pursuant to section 8.4 below. Upon the earlier of the expiration of the sixty (60) days' waiting period (or fif- teen (15) day period if applicable) provided for in section 8.3(A) above, or Target's consent to forgo the waiting period and to immediately commence the appraisal, then the appraisal period of the Target Property shall immediately commence. 60 • " ONNI (C) Exercise of Option. The option to purchase • the Target Property may. be exercised by Developer giving to Target a written notice of its election to do so prior to the expiration of fifteen (15) days after the completion of the appraisal and the. determination of the purchase price thereby, together with a cash deposit equal to ten percent (10%) of% the• purchase price so determined. The issuance of such notice and deposit of funds shall immediately create an effective and binding contract by Target to Developer and the purchase of the Property by Developer from Target on the terms and conditions set forth herein. (D) Closing. The purchase of Target's interest in the Target Property shall be consummated through an escrow agent established at a mutually acceptable title insurance company within thirty (30) days after completion of appraisal. The purchase price shall be payable in cash unless otherwise agreed by Target. Title to the Target Property shall be conveyed by Target to Developer by.atatu- tory warranty deed subject to all easements, restrictions, covenants and conditions of record, except that unpaid _taxes, assessments and any mortgages or liens then outstanding on the Target Tract shall be discharged from the purchase price proceeds payable by Developer hereunder. Non -delinquent real property taxes shall be prorated es of the date the deed is recorded. Target shall bear the cost of an ALTA Owner's Standard Policy of title insurance, which shall be delivered to Developer at closing, and any excise taxes or documentary or stamp taxes imposed in connection with the sale. Developer and Target shall each bear 50% of all other closing costs including escrow and recording fees. 61 . ;'• • 8.4 Determination of Price, Appraisal. (A) 'Determination of Price. The purchase price shall be the. greater of Target's cost to date for the purchase of the real property and construction of improve- ments (including site works contributions, real estate taxes, assessments, and all building costs) as'represented by Targetts project charges plus interest and carrying costs of three percent (3%) or the fair market value of the Target Property as determined by appraisal as provided in section 8.4(8) below; provided, ,however, that the purchase price shall be not less than the book value of the Target Property as carried on the books and accounts of Target. For pur- poses of this Article, •fair market value• shall mean the price at which the Target Property could be sold by one who desires, but is not required to sell, and is sought by one who desires, but is not required to buy, after due con- sideration of all the elements reasonably affecting value. In the course of any appraisal, the appraisers) shall con- sider as an element in their determination the benefit or detriment affecting the v'1ue of the Target Property of the conditions and covenants of this OEA during its remaining term, provided that this element shall not be considered if the appraiser(s) determine that the conditions and covenants of this OEA may be cancelled at Developer's option following purchase of the Target Property by Developer. (B) Appraisal Procedure. Developer's notice of intent, described in section 8.3(A) above, to be effective, shall name an appraiser selected by Developer who shall be a member of the American Institute of Real Estate Appraisers and shall have had at least five years' experience in appraising commercial real property. At the time that appraisal commences, Target shall select an appraiser and 62 IMMO • give Developer notice in writing of the name and qualifica- tions of the appraiser so selected. Target's appraiser shall have the same qualifications as set forth above in connection with the Developer's appraiser. In the event Target fails to appoint its appraiser within tan (10) days after the appraisal period commences, than Developer may request appointment of such appraiser by any judge of the Superior Court having jurisdiction over the County of Xing, in the.State of Washington, acting in his personal, private capacity, and neither Developer nor Target shall raise any • question as to such Judge's full parr and jurisdiction to entertain the application and make the appointment. The two Appraisers so selected shall determine the fair market value of the Target Property at a meeting which shall be held in Seattle, Washington within ten (10) days of the appointment of the second appraiser. The appraisers shall continue to consult at such times as they deem necessary for a five (5) day period from the date of their first meeting in an attempt to agree on the fair market value of the Target Property. If the two appraisers so selected are unable to agree on the fair market value of the Target property, the two appraisers shall, within ten (10) days of the iame- diately aforesaid five (5) day period, name a third appraiser who shall also be a member of the American Institute of Real Estate Appraisers and shall have had at least five (5) years experience in appraising commercial real property. The three appraisers shall thereupon meet in Seattle, Washington and continue to consult with each other at such times a they deem necessary for a ten (10) day period from the date of the first meeting of the three of them in an attempt to agree on the fair market value of the 63 • Target property. In the event that two or more of the appraisers are not able to reach agreement as to the Lair market value of the Target Property within ten (10) days after the first meeting of the three appraisers, then each appraiser shall submit his independent appraisal to Developer and Target (which need only be in letter form) stating that (i) he made an appraisal of the Target prop- e rty, (ii) his appraisal as to the fair market value of the Target Property, and (iii) the basis on which he made such an appraisal. The three independent appraisals shall be added together and the resulting sum divided by three; the resulting quotient shall be the appraised fair market value of the Target Property; provided, however, if the lowest appraisal and/or the highest appraisal are/is more than 25% lower and/or higher than the middle appraisal, the lowest appraisal and/or the highest appraisal shall be disregarded. If only ons appraisal is disregarded, the remaining two appraisal shall be added together and their total divided by two; the resulting quotient shall be the appraised value of the project. If both the lowest appraisal and the highest appraisal are disregarded because each varies more than 25% from the middle appraisal, then the middle appraisal shall be doamed the fair market value of the Target Property. .The appraiser's or appraisers' determination of the fair market value of the Target Property shall be final and binding upon the Parties, absent of fraud or gross error. Each Party shall bear .the fees and expenses of its own appraiser end the fees and charges of the third appraiser shall be borne equally by Developer and Target. 8.5 Miscellaneous. (A) Term. The term of the option rights herein granted shall commence on the Effective Date of this IDEA and 64 • ,'� •. shall continua in full force and effect until terminated pursuant to section 0.5(B). (B) Termination. The term of the option rights herein granted shall terminate upon the earliest happening of any of the following events: (i) One (1) year after the date of any Option Event; (ii) Thirty (30) days after the date of any • Option Event preceded by an official public company announ- cement by Target that the Target Store is closed per- manently, or thirty (30) days after the date of an official public company announcement by Target that the Target store is closed permanently; or (iii) Thirty (30) days after the date of any Option Event preceded by notice by Target to Developer that the Target store is closed permanently, or thirty (30) days after the date of notice by Target to Developer that the Target store is closed permanently; or (iv) The termination of this CEA; or (v) Developer's transfer or sale of the Developer Tract to any third part, or Developer's cessation to exist as a business entity; or (vi) Ten (10) years from the Effective Date (C) Assignment. The rights arising under this Article VIII are personal to Developer only and may not be 'assigned to any third party; provided, however, that Developer may, by prior notice to Target, assign its rights arising under this Article VIII to its original first mortgagee, provided that the assignee will agree in writing to be bound'by all teras and conditions of Developer con- tained herein. (D) Release. Upon termination of the option rights herein granted for any reason whatsoever, Developer agrees to duly execute and deliver freely, without charge, to Target.a release of its option rights and any interest of Developer in the Target Property arising pursuant to this Article VIII. This obligation shall survive the termination of the option rights herein granted and/or the termination of this ORA for any reason whatsoever. 66 IN WITNESS WHEREOF, the Parties have caused this CEA to be executed effective as of the day and year first above written. • S-H-BENOLIEL-ROHNBY 0179, LIMITED PARTNERSHIP, _ a California limited partnership ("Developer"). DAYTON HUDSON CORPORATION ("Target") By Title SEAFIRST MORTGAGE By (.JZA.ILir Name Ws. ip Title By- Name p Its (Approval as a party interest for title purposes only.) 67 MEND STATE OF PIjhn(SpIX COUNTY OF f}CnAtpA On this lS day of Fib w.y . 1911, before tae, a Notary Public within and for said County, personally appeared Jack D. Fontaine . and William P. His• me persona)ly known, being each Sr. Vice are respectively the Target . to by me duly sworn, did say that they President Stores of Dayton Hudson Corporation in behalf of said corporation by and Jack D. Fontaine acknowledged said instrument to .corporation. r � ..os sot a16111•M, f STATE OFN TY COUNF �. iJ Oa lei /appeared before me huh41 s* and Assistant Secretary and that said instrument was signed authority of its Board of Directors and William P. Hise be the free act and deed of said My appointment eceplres oa My appointment czpuea on Ac1r. trdrla s ty iadividrk T1Ct* Tm.a DOVRANCR COMPANY ot= CAUPOIMA tone L 2104 J STATE OF WASHINGTON COUNTY OF Oa this day Personally appeared before me so me known to be the individual_ described in and who esecwed the w izbia and foregoing instrument. mad acknowledge that signed the same as free and voluntaryacs and deed. for the uses and purposes dune is mendawd. GIVEN under my band and oflsciat seat this daY of . 19 Notary Public in and kw the State of Veashington, residing at STATE Or WASHINGTON ) ) ss. COUNTY or KING Z ca ,ti y that Z know or have satisfactory evidence that ftrlcnt, }Rr t.. is the person who appeared before .me, and said person acknowleded that he/she signed this instrument, on oath stated that be/she was out ori -execute the instrument and acknowledge it as the of SEA'IRST MORTGAGE, to be the free and voluntary act o such corpotation for the uses and purposes mentioned in the instrument. Signed or attested before me on Pbruz,y 21_ NV by 0 • %‘,, a0 �it, ,A Nuc, 1'4 .? cs,:•.,,,.........;::„,. ,,, ,,, ..*;,„70 /, '•o .;;T1. . ;73i • al.siliptisgtim°rej My appointment expires b- l8-gi esiden7L EXHIBIT A TAROET TRACT LOT 1 5.10 ACRES 71sat potdos of the Southwros* quarter of the Northeast quarter of Soaks 26, Township 23 North, Range 4F.ast, of the Willamette bleeding is King County, Washington. CO?* LINO at the Southwest corner of the Sosthwest quarter of the Northern quarter of said Section 24 THENCE North 01.10' 24' Bast, alosg said West tine of said Sowcbwra quarter 1393.57 bat to the Mouth margin of Sander Boulevard had the TRUE POINT OF BEOINNINO of thlt description. THENCE South 88' 15' 33' East, aloes said Margie, 666.00 bet: THENCE South 01' 44' 27' West, 63.0 lest to a poise of ingest curvature concave to the Northeast having a radial of 130.00 bet; TIMM Southeasterly slog said curve through as arc of 34' 27' 01' as arc length of 7/.17 tent 'T'HENCE South 88' 13' 33' East, 21217 bet THENCE South 01' 44' 27' Watt, 6.00 keg Timm South 88' 15' 33' East, 9.00 her THENCE South 01.44' 27' West, 62.00 bet THENCE North 88' 13' 33' West, 133.00 her THENCE South 01' 44' 27' West, 130.00 bet THENCE North 88' 15' 33' West. 48233 foes; THENCE South 48' 25' 37' West, 113.91 feet THENCE South 01' 44' 27' West, 37.10 kct THENCE North 88' 15' 33' West, 120.00 hes: THENCE South 01' 44' 27' West, 8000 bet 'THENCE North 88' 13' 33' Wet, to the West line of said Southwest quartet 84.68 feet THENCE North 01' 10' 24' East, 603.74koet so the TRUE POINT OF BEGINNING and TERMINUS of this Aelaiptios. TOGETHER WTTH and SUBJECT TO any easements and reservations of tenure This kgal desatptfon b subject to the approval 01 a Lot Lae Aqnstmem Application b+ she Cry of 2885.14 TUKWI A POND CENTER December 1. 1988 Rev. January 10, 1989 EXHIBIT 8 5.66 ACRE DEVELOPER TRACT That portion of Ws Southwest quarter a ter Northers queer of Secdos 26, Tbwushlp 23 North, Range 4 East, a tbs WlIlametu Maidlan h )Chi County. Wasitnpon. COMMENCING at ter Southwest corner of tar Southwest quarter a tits Northeast quota of said Section 26c THENCE North Or 10' 24'. East, along mid West One a said Southwest quarter 129337 loll to tan Soots mar=ts of Straader Donkvud; THENCE South 88' 15' 33' East, along said muds, 665.00 keg to tbs TRUE POINT OF BEGINNING a Wit dtafptios. THENCE South 01.44' 27' West, 63.0 kr to a, point a taajeat curvature concave to the Northeast caving a radius a 130.00 kee: THENCE Soatbertes'iy along aid carve through as arc of 34' 27' 01' as arc length of 73.17 keg: THENCE South Sr 15' 33' East, 212.17 bet; THENCE South Or 44' 27' West, 62.00 feet; THENCE South 88' 15' 33' East, 9.0 bet THENCE{ South 01' 44' 27' West, 62.00 Duet THENCE Nath Sr 1E{ 33' West, 133.00 keg; THENCE South 01' 44' 27' Wan, 150.00 bet; THENCE South Sr 15' 33' East, 299.82 bet THENCE South 34'33' 18' East, 204.52 Deet; THENCE South Sr 15' 33' East. 116.74 km to the West mares a Andover Part War; THENCE North 01' 03' 25' East along said West seargia 575.42 kct to the South margin o[ Stender Boulevard: THENCE North Sr 15' 34' West along said South asargia, 64L73 bet to the TRUE POINT OF BEGINNING and TERMINUS of thh legal deaciptios. TOGETHER WITH and SUBJECT TO andy easements and reseservarioas a record. 2883.16 TUKWILA POND CENTER January 10. 1989 EXHIBIT C SUBMISSIOR CUIDr;INES 1. During the conceptual design phase, the construct- ing party shall submit to the other parties the following: R. Site Design Documents to Indicate the Following: - Parking configurations and car parking count - Typical bay width and stall dimensions - Drive widths - Setbacks - Curb cuts - Spot elevations or rough contours - Rough landscape scope - Lighting pole locations - Preliminary utility strategies B. Building Design Single Line Plans to Indicate the Following: - Exterior wall configuration - Doors and store front extent • - Canopies and overhangs - Probable column locations at exterior and abutting cur building on interior C. Exterior Elevation Drawings to Indicate the Following: fronts - Opaque wall areas with doors and store 2. After approval bas been granted of conceptual design phase submitted in accordance with the guidelines :} specified in 1 above, the constructing final design phase plans to the other a party shall submit parties as follows: k. Site Design Documents Delineating Information Outlined in the Concept Phase with the Following Added Detail: • - Refined grading plans - Selected lighting fixtures and resultant lighting levels in foot candles materials and locaLandscaping showing generic planting proposed manholes, etc. - Proposed paving section designs and location - .Utility layouts including hydrants and sixes - Proposed details for curbs, site structures, - Proposed site signage designs and locations Outlined B.Building the 1ConceptsiPha Phasen Plans withtheelang Information Following Added Detail: - Exterior wall thicknesses- .. Structural columns or bearing walls at building exterior and proposed foundation design at adjoining wall between abutting building pro- vide- wall or columna common information s rfoe rAdesign of shared hat footing - Proposed roof plan showing slopes and loca- tion of penthouses or other major mechanical equipment - References of key flashing details of roof to adjoining building C. r Elevation Information Outlinedinthe Concept Phase r Drawings theeFollowing Added Detail: •. • • • • • • • ONO • • • - Propose building sign. standards ▪ Paint color chips and samples of other materials such as brick or concrete aggregates (glass or aluminum finishes may be annotated on the elevations) - Proposed large scale details on key section conditions to show exterior design intent - major penthouses or rooftop equipment profi- les - Features such as special masonry patterns, ~ bands or special materials and textures - Rain leaders or scuppers - Mall sections at various exterior locations including at the demising wall to the adjoining building with key vertical dimensioning 3. If a building is to have a through -the -wall pedestrian access connection to an adjoining building, then the final design phase submission shall also include (to the owner of such adjoining building) the following: - Plans of the pedestrian mall circulation showing any variations in floor elevations - Elevations/sections of the proposed call store front sign bulkheads and -key dimensions - Proposed ceiling design including special as variations in height or skylights - Floor material patterns - Landscaping and mall seating areas - Proposed interior sign guidelines - Paint color chips and samples materials such as brick or concrete aggregates aluminum finishes may be annotated on the plans tions) space showing features such of other (glass or or eleva- - Proposed large scale details of key section conditions to show interior design intent • .:... . .?,.;••••- • • 4. The constructing party shall providWthe other par - with a complete set of bid documents for the building and/or improvements to be located upon its Tract. • ••!' • - • • . • .• • RECORDERS NOTES: Portions of this Document. ars -.% of poor quality for Mary TUKWILA POND CENTER PLAN SHORT PLAT N0. `I 1- 7 -SS 9208261819 CITY OF TUKWILA, WASHINGTON LEGAL DESCRIPTIONS Before the short subdivision: SEE ATTACHED ORIGINAL. TRACT DESCRIPTION After the short subdivision: SEE ATTACKED LOT DESCRIPTIONS This space reserved for recorder's use the request of: Name Return to: Planning Department City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington•'98188 (29/PLAT.LEGAL) APPROVAL Reviewed and aboroved by the Short Subdivision Committee and hereby certified or filing thisgaday of 1972. ✓ Chairman Short Subdivision Committee DEPARTMENT OF ASSESSMENTS Examined and approved this Assessor Deputy Assessor FOUND COPPER TACK IN LEAD IN CONCRETE (INCASED) CO C'4 t70 N Q`. ( WEST LINE NE 114 SEC. 26 W 3. 0 .S FOUND S'TANDARD METRO BRASS DISC - IN 4'X4' CONCRETE POST (INCASED) STRANDER. BLVD. NORTH LINE SW u4 . N 88'15'33' W L13 1336.64' (MEAS) (NE 114 SEC 26 . 13.0' CONTOUR (KING COUNTY ,• DATUM) LI I 14. 200' L9 665.00' L12 A* 34'27'01' L• 78J7' R-130.00* N 8815'33' W. L5 - 25' BSBL ID 260,410 1 482.33'' LOT 7 e•ag•Is'se• R•34.50' L•53.78' 04 NM to— 30.51. - N 88.15'33• W 2 U8 TUIEWit , 7 , ..PONDS'= // it l 13.0' CONTOUR -fir ' \ (KING CATUMOUNTY) // Q7$,780. eq. ft. \\\_ /.25' BSBL • // / NE tLINE 4HSEC. 26 '-309.8 LI8 - M1 O SW CORNER NE.114 SEC. 26 TWP. 23 N.,. RGE 4• •E., W.M. 0 N 88.06'43' W LEGEND • MONUMENT FOUND AS NOTED BSBL BUILDING SET BACK LINE LAND SURVEYOR'S CERTIFICATE: THIS SHORT PLAT CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFO CE WITH T REQUIREMENTS ' ROPRIATE, STATUTE 'T BEEN PRO Y STAKED. NAME DATE CERTIFICATE NO. SNORT PLAT N0. 200' SCALE: 1"■2001 FOUND BRASS DISC IN 41(4' CONCRETE POST (INCASED) CURVE DATA Itt^fM■.,{-ir:\..4=i PM= :la{tis tioolo y71r I14MEI :IIE ILL Ii401 a t:Yal•:•71/1111 1 R•1• Imo: -S H h3Fb Si", Js1111: 11.7.E IC! Ell `11.11+:LSYiY311111111E.510]•i1i MEM. L1:Y1. 4.1i MUNKR'' IRNA tI•lIGL1'Iit Lt•R•1.1 I*MN XI:6,14.1riWrR-I1'iYla I LIM Ili b:I/..:S4 iAllIMlMPApu•vM1 I;.__ 1.110 LkYA I1GIM IN =II NI: LI: 61414.1147.11 1Gi >i I11 alII& T•i•11111 iirk,iZICI-L6Y44.Q11F1#4 ]11= 1ItG! t!><l1 Zi F11--71 1141• I1• : ■:1:11.44 . Li"J• NI ie -C.144-4•1 MY= 11111WiuM:iLl 11111 t:1a 4 1.441C><>i 9208261819 ORIGINAL TRACT That portion of the Southwest quarter of the Northeast quarter of Section 26, Township 23 North,. Range 4 East, of the Willamette Meridian, in King County, Washington. COMMENCING at the Southwest corner of the Southwest quarter of the Northeast quarter of said Section 26; THENCE North 01° 10' 24' East, along said West line of said Southwest quartet, 1293.57 feet to the South margin of Strander Boulevard; - THENCE South 88° 15' 33" East, along said margin, 665.00 feet to the TRUE POINT OF BEGINNING of this description; THENCE South 01° 44' 27" West, 63.00 feet to a point of tangent curvature concave to the Northeast having a radius of 130.00 feet; THENCE Southeasterly along said curve through an arc of 34° 27' 01'an arc length of 78.17 feet; THENCE South 88° 15' 33" East. 212.17 feet; THENCE South 01° 44' 27" West, 62.00 feet; THENCE South 88° 15' 33' East, 9.00 feet; THENCE South 01° 44' 27" West, 62.00 feet; - THENCE North 88° 15' 33" West, 133.00 feet; - THENCE South 01° 44' 27" West, 150.00 feet; THENCE North 88° 15' 33: West, 482.33 feet; THENCE South 48° 28' 37" West, 113.91 feet; THENCE South 01° 44' 27" West, 37.10 feet; THENCE North 88° 15' 33" West, 120.00 feet; THENCE South 01° 44' 27" West, 80.00 feet; THENCE North 88° 15' 33" West, to the West line of the Northeast quarter of said Section 26, 84.69 feet; THENCE South 01° 10' 24' West, along said line 687.83 feet to the Southwest corner of the Northeast quarter of said Section 26; THENCE South 88° 06' 43" East, along the South line of the Northeast quarter of said Section 26, 1309.38 feet to the West margin of Andover Park West; THENCE North 01° 03' 25" East, along said margin, 1296.97 feet to the South margin of said Strander Boulevard;- THENCE North 88° 15' 33" West, along said margin 641.71 feet to the TRUE POINT OF BEGINNING and TERMINUS of this description. TOGETHER WITH and SUBJECT TO any easements and reservations of record. ALSO KNOWN as Lot 2 of City of Tukwila Boundary Line Adjustment No. 88-6-BLA as filed under King County Recording No. 8906011033. EXCEPT those portions thereof conveyed to the City of Tukwila by deed recorded under Recording Nos. 9003231494 and 9003231495. NL1bI 2885L.001 -1- 920E3261 819 PROPOSED LOT 1 - - That portion of the Southwest quarter of the Northeast quarter of Section 26, Township 23 North, Range 4 East, of the Willamette Meridian, in -King County, Washington, described as follows: COMMENCING at the Southwest corner of the Southwest quarter of the Northeast quarter of said Section 26; THENCE North 01° 10' 24" East, along the West line of said Southwest quarter, 687.83 feet a point on the common boundary line of Lots 1 and 2 of City of Tukwila Boundary Line Adjustment No. 88-6 BLA as filed under King County Recording No. 890601 1033; THENCE South 88° 15' 33" East. along said common line, 84.69 feet; THENCE North 01° 44' 27" East, along said common line, 80.00 feet; THENCE South 88° 15' 33" East, along said common line, 120.00 feet; THENCE North 01° 44' 27" East, along said common line, 37.10 feet; THENCE North 48° 28' 37" East, along said common line, 113.91 feet; THENCE South 88° 15' 33" East, along said common line, 482.33 feet to the TRUE POINT OF BEG INNING; THENCE South 88° 15' 33" East. 299.79 feet; - THENCE South 34° 33' 18" East. 241.50 feet; THENCE South 44° 43' 13" East, 56.52 feet; THENCE South 48° 49' 18" West, 55.43 feet; THENCE South 26° 38' 41' West. 67.82 feet; THENCE South 88° 56' 35" East, 124.52 feet to the West margin of Andover Park West. as conveyed to the City of Tukwila by deed filed under King County Recording No. 9003231494; THENCE North 01°.03' 25" East, along said road margin, 701.94 feet to a point of tangent curvature with a curve concave to the Southwest having a radius of 34.50 feet: THENCE Northwesterly along said curve through an arc of 89° 18' 58", an arc length of 53.78 feet to the Southerly margin of Strander Boulevard, as conveyed to the City of Tukwila by deed filed under King County Recording No. 9003231494; THENCE North 88° 15' 33" West, along said margin, 115.42 feet; THENCE North 01 ° 03' 25" East, continuing along said margin, 5.90 feet; THENCE North 88° 15' 33" West, along the Southerly margin of said Strander Boulevard, 434.69 feet to an angle point in said Southerly margin; THENCE South: 01° 44' 27" West, along the Southerly margin of Strander Boulevard as it was conveyed to the City of Tukwila by deed recorded under King County Recording No. 9003231495, 5.90 feet; THENCE North 88° 15' 33" West. continuing along said margin. 57.00 feet to a point on the common line between Lots 1 and 2 of said City of Tukwila Boundary Line Adjustment No. 88-6-BLA; THENCE South 01° 44' 27" West, along said commonline, 57.10 feet to a point of tangent curvature of a curve concave to the East, having a radius of 130.00 feet; THENCE Southerly along said curve and common line through an arc of 34° 27' 01", an arc length of 78.17 feet; THENCE South 88° 15' 33" East, continuing along said common Zine, 212.17 feet; THENCE South 01° 44' 27" West, continuing along said common line. 62.00 feet; THENCE South 88° 15' 33" East, continuing along said common line, 9.00 feet; - - THENCE South 01 ° 44' 27" West, continuing along said common line, 62.00 feet; THENCE North 88° 15' 33" West, continuing along said common line, 133.00 feet; THENCE South 010 44' 27" West, continuing along said common line, 150.00 feet to the TRUE POINT OF BEGINNING and terminus of this description. NL/bI 2885L.001 -2- :tides ` o That portion of the Southwest quarter of the Northeast quarter of Section 26, Township 23 North, Range 4 East. of the_Willamette Meridian. in King County, Washington, described as follows:- BEGINNING at the Southwest corner of the Southwest quarter of the Northeast quarter of said Section 26; • -THENCE North 01° 10' 24" East, along the West line of said Southwest quarter, 687.83 feet a point on the common boundary line of Lots 1 and 2 of City of Tukwila Boundary Line Adjustment No. 88-6-BLA as filed under King County Recording No. 8906011033: THENCE South 88°15' 33" East, along said common tine, 84.69 feet; THENCE North 01° 44'-27" East, along said common line, 80.00 feet; THENCE South 88° 15' 33" East, along said common line, 120.00 feet; THENCE North 01° 44' 27" East, along said common line, 37.10 feet; THENCE North 48° 28' 37" East, along said common line, 113.91 feet; THENCE South 88° 15' 33' East, along said common line, 482.33 feet; THENCE South 88° 15' 33" East, 299.79 feet; THENCE South 34° 33' 18" East, 241.50 feet; - THENCE South 44° 43' 13" East, 56.52 feet; THENCE South 48° 49' 18" West, 55.43 feet; THENCE South 26° 38' 41" West, 67.82 feet; THENCE South 88° 56' 35" East, 124.52 feet to the Westerly margin of Andover Park West, as conveyed to the City of Tukwila by deed filed under King County Recording No. 9003231494; THENCE South 01° 03' 25" West, along said margin, 555.03 feet to the South line of the Northeast quarter of said Section 26; THENCE North 88° 06' 43" West, along said South line, 1,308.88 feet to the TRUE POINT OF BEGINNING and terminus of this description. CO CV CO t:7 N NL/bI 2885L.002 DECIARATION-OF STORM DRAINAGE EASEMENT KNOW ALL PERSONS BY THESE PRESENTS that S-H-Benoliel-Romney #179, a California- Limited Partnership, as owner = of Lots 1 and 2 of City of Tukwila Short Subdivision No. 91 -09 -SS, which are legally described on Exhibits A and B, respectively, attached hereto and incorporated herein by this reference, hereby DECLARES that Lot 2 of such short subdivision shall hereafter be held, sold and conveyed SUBJECT TO, and Lot 1 of such short subdivision shall beheld, sold and conveyed TOGETHER WITH, appurtenant easements for storm and surface water drainage purposes, including maintenance of any storm and surface water drainage system designed for such purposes, over and across that certain portion of Lot 2 known as Tukwila Pond. SIF IN WITNESS WHEREOF, S-H-BENOLIEL-ROMNEY #179 has caused this instrument to be executed this 26th day of May, 1992. c0 N CO 0 S-H-BENOLTEL-ROMNEY #179, a California Limited Partnership oel Benoliel- Managing General Partner C!` CO CV CO 0 OTARY PU LIC in and r th State of Washington, residing a • STATE OF: WASHINGTON COUNTY OF KING day of iss. , 19 fa? , personally appeared before me JOEL BENOLIEL, me known to be the Managing General Partner of the partnership that executed the within and foregoing instrument, and acknowledged to me that he was authorized to sign the san:‘: on behalf of the partnership as its free and voluntary act and deed for the uses and purp( •es therein mentioned. My commission expires: Exhibit A That portion of the Southwest quarter of t^e Northeast quarter of Section 26, Township 23 North, Range 4 East, of the Willamette Meridian, in King County, Washington, described as follows: COMMENCING at .the Southwest corner of the Southwest quarter of the Northeast quarter of said Section 26; THENCE North 01° 10' 24" East, along the West line of said Southwest quarter, 687.83 feet a point on the common boundary line of Lots 1 and 2 of City of Tukwila Boundary Line Adjustment No. 88-6- BLA as filed under King County Recording No. 8906011033; - THENCE South 88° 15' 33" East. along said common line, 84.69 feet;. THENCE North 01 ° 44' 27" East, along said common line, 80.00 feet; THENCE South 88° 15' 33" East, along said common line, 120.00 feet; - THENCE North 01° 44' 27" East, along said common line, 37.10 feet; THENCE North 48° 28' 37" East, along said common line, 113.91 feet; THENCE South 88° 15' 33" East, along said -common line, 482.33 feet to the TRUE POINT OF BEGINNING; THENCE South 88° 15' 33" East, 299.79 feet; THENCE South 34° 33' 18" East, 241.50 feet; THENCE South 44° 43' 13" East, 56.52 feet; THENCE South 48° 49' 18" West. 55.43 feet; THENCE South 26° 38' 41" West. 67.82 feet; THENCE South 88° 56' 35" East, 124.52 feet to the West margin of Andover Park West, as conveyed to the City of Tukwila by deed filed under King County Recording No. 9003231494; ▪ THENCE North 01 ° 03' 25" East. along said road margin, 701.94 feet to a point of tangent curvature CO with a curve concave to the Southwest having a radius of 34.50 feet; THENCE Northwesterly along said curve through an arc of 89° 18' 58", an arc length of 53.78 feet -.0 to the Southerly margin of Strander Boulevard, as conveyed to the City of Tukwila by deed filed under cV King County Recording No. 9003231494; THENCE North 88° 15' 33" West, along said margin, 115.42 feet; • THENCE North 01° 03' 25" East, continuing along said margin, 5.90 feet; THENCE North 88° 15' 33" West, along the Southerly margin of said Strander Boulevard, 434.69 feet to an angle point in said Southerly margin; THENCE South 014 44' 27" West, along the Southerly margin of Strander Boulevard as it was conveyed to the City of Tukwila by deed recorded under King County Recording No. 9003231495, 5.90 feet; THENCE North 88° 15' 33" West, continuing along said margin, 57.00.feet to a point on the common line between Lots 1 and 2 of said City of Tukwila Boundary Line Adjustment No..88-6-BLA; THENCE South 010 44' 27" West, along said common Zine, 57.10 feet to a point of tangent curvature of a curve concave to the East, having a radius of 130.00 feet; THENCE Southerly along said curve and common line through an arc of 34° 27' 01", an arc length of 78.17 feet; ' THENCE South 88° 15' 33" East, continuing along said common line, 212.17 feet; THENCE South 01° 44' 27" West, continuing along said common line, 62.00 feet; THENCE South 88° 15' 33" East, continuing along said common line, 9.00 feet; THENCE South 01° 44' 27" West, continuing along said common line, 62.00 feet; THENCE North 88° 15' 33" West, continuing along said common line, 133.00 feet; THENCE South 01 ° 44' 27" West, cont nu ng along said common line, 150.00 feet to the TRUE POINT OF BEGINNING and terminus of this description. " Exhibit B - That portion of the Southwest quarter of the Northeast quarter of Section 26, Township 23 North, Range 4 East, of the Willamette Meridian, in King County, Washington, described as follows: BEGINNING at the Southwest corner of the Southwest quarter of the Northeast quarter of said Section 26 -= THENCE North 01° 10' 24" East along the West line of said Southwest quarter, 687.83 feet a. point on the common boundary line of Lots 1 and 2 of City of Tukwila Boundary Line Adjustment No. 88-6-BLA as filed under King County Recording No. 8906011033; _ THENCE South 88° 15' 33" East, along said common line, 84.69 feet: THENCE North 01 ° 44' 27" East, along said common line, 80.00 feet; THENCE South 88° 15' 33" East, along said common line, 120.00 feet; THENCE North 01° 44' 2T -East, along said common Zine, 37.10 feet; THENCE North 48° 28' 37" East, along said common Zine, 113.91 feet; THENCE South 88° 15' 33" East, along said common line, 482.33 feet; THENCE South 88° 15' 33" East, 299.79 feet; THENCE South 34° 33' 18" East. 24 1.50 feet; THENCE South 44° 43' 13" East, 56.52 feet; THENCE South 48° 49' 18" West, 55.43 feet; THENCE South 26° 38' 41" West, 67.82 feet: THENCE South 88° 56''35" East, 124.52 feet to the Westerly margin of Andover Park West, as conveyed to the City of Tukwila by deed filed under King County Recording No. 9003231494; THENCE South 01° 03' 25" West, along said margin, 555.03 feet to the South line of the Northeast quarter of said Section 26; G' THENCE North 88° 06' 43" West, along said South line, 1,308.88 feet to the TRUE POINT OF CO BEGINNING and terminus of this description. CV CO 0 CV lT FOUND COPPER TACK IN LEAD IN CONCRETE (INCASED), — WEST LINE NE 114 SEC. 26 o>' W C STRANDER BLVD. N 88.1513' W L13 1 `336.64' (MAS.) 665.00' --- ` 434.68' J L14 L12 CONTOUR` (KING l" COUNTY - DATUM) (( i • LI I m co I` to 200' v , •21247' N 88.15.33 W o- 34'27'01" La 7847' R- 130.00' 25' BSBL --+ —482.33'11 FOUND STANDARD - METRO BRASS DISC IN 41W CONCRETE - POST (INCASED) NORTH LINE .SW 114 NE 114 SEC. 26 1 / N 8815'33' W✓ 113.4 2' 3 LOT 1 t•89.18'58' Rm34.50' JL5!— L•33.78' l0 260,410 sq. ft. J 299.79' - N 8815'33' W 1'0 ea SW CORNER NE U4 SEC. 26, TWP. 23 N., RGE . 4 E., W.M. 0 TUK WILA POND 782.12' -- 2 rJ ASIPN.O (.18 j A. / L161 M 0 sq. ft. /j 1-0 ,7 13.0' CONTOUR/„ •' (KING COUNTY / 0 7 8,78 0 DATUM) • Z5' BSBL SOUTH LINE NE 114 SEC. 26 • -- 3C8.9 • LEGEND • 1 3O.3C 1 era q4 I r.1w N2 0 N 01'03'25' E rn 1 N 88'06'43' W FOUND BRASS— DISC IN 4'X4' CONCRETE POST (INCASED) 0 M0t4;4MENT FOUND AS NOTED BSBL BUILDING SET BACK LINE LAND SURVEYOR'S CERT1FICATE: THIS SHORT PLAT CORRECTLY REPRESENTS A SURVEY MADE BY M:. OR UNDER MY . DIRECTION IN CONFORMANCE WITH THE REOUIREMENTS p ' 1iOPR1ATE STATE STATUTE 4JD • • BEEN PROOERLY STAKED. NAM DATE i ice'% /95V CERTIFICATE NO SHORT PLAT NO 200' SCALE: 1"•200' CURVE ATA ANDOVER PARK WEST 30.50' 11171111 x.71.9/:hGi I>I.1•:•& •Ir444:11111mTr71f•INIR 1 •.t•)IiGL•3 IiL 7• 1w 0 :1045 14) IMX•Y• I1<••. • EL1041•I1 Yat•I •]!• 111F11•11 11.3l'I314144131/ki 7C•t•3 1 IR•'IIIMMICIP)ILE•Si ►Y41111111B:M•Ni WANIMI CI:Si.Y1ktY4111=WM= I :7• ta•] CLS i .1441T•1rr ISGrailQL1ziir•tT RMI [Kl• pC•IM irmak•tam111111WITIMINM IWWII =111a:J:YMEIMIt1z s 90' 57.• O' SHORT PLAT 110. 7' 1-- ?-SS CITY OF TUKWILA, WASHINGTON LEGAL DESCRIPTIONS Before the short subdivision: SEE ATTACHED -ORIGINAL TRACT DESCRIPTION After the short. subdivision: SEE ATTACHED LOT DESCRIPTIONS This space reserved for recorder's use Filed for recno-ri et the request of:. Name Return to: Planning Department City of Tukwila 6200 Southcenter 8oylevard Tukwila. Washington. 98188 (29/PLAT.LEGAL) APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified or filing thisi 7day of t972 . .Chairman Short Subdivision Committee DEPARTMENT OF ASSESSMENTS Examined and approved this 7L__ day ofr.'4vs% , 197?.. J. Assessor Deputy Assessor "/E SSG .z3 -0V - 90451- 2/12 10:18 APPENDIX ;G` BACKGROUND DATA SEATTLE AUDUBON SOCIETY INFORMATION Tukwila Wildlife Repo; TABLE 2: Birds Identified COMMON NAME SC -Horned grebe Double -crested cormorant Mallard Pintail American Widgeon Shoveler Green winged Teal Redhead Canvasback 'Ruddy duck C. Merganser rjN--4--1--j5; /-"s Cinnamon teal Lesser Scaup Buff lehead 5-'/•. Ring-necked duck Gadwall Common goldeneye Kestral Red-tailed hawk Valley Quail R.N. Pheasant 57h Great Blue Heron Green Heron Bittern' Coot Killdeer Spotted sandpiper Solitary sandpiper Lesser Yellow legs Long -billed dowitcher Common snipe Herring gull California gull Belted kingfisher Flicker Barn swallow Yellow -green swallow Common crow B.C. Chickadee Common bushtit R.B. nuthatch Winter wren Bewick's wren Robin ' Kinglet Starling Rufous -sided towhee Yellow throat R.W. Blackbird • American goldfinch on Tukwila Pond SCIENTIFIC NAME Podiceps auritus Phalacrocorax auritus Anas platyrhynchos Anas acuta Mareca americana Spatula clypeata Anas carolinensis Aythya americana Aythya valisineria Oxyura janaicensis Mergus merganser' Anas cyanoptera Aythya affinis Bucephala. albeola Aythya collaris Anas stepera Bucephala clangula Falco sparverus Buteo jamaicensis Laphortyxcalifornicus Phasianus colchicus Ardea herodias Butorides virescens Botaurus lentiginosus Fulica americana Charadrius vociferus Acitis macularia Tringo solidaria Totanus•flauipes Limnodromus scolopaceus Capella gallinago Larus argentatus Larus calif ornicus Megaceryle alcyon Calaptes cafer Hirundo rustica Tachycineta thalassinia Corvus brachyrhynchos Parus atricapillus Psaltriparus minimus Sitta canadensis Troglodytes troglodytes Thyromanes bewickii Turdus migratorius Regulus spp. Sturnus vulgaris Pipilo erythrophalmus Geothlypis trichas Agelaius phoneniceus Spinus tristis 36 SEASON. # W W' SSFW - FW FW FW F. FW FW FW SFW SWS FW FW FW FW F 1 10 50 50 25 100 25 2 .50 5 15 2-5 25 40 20 230 1 1 sign 6 3 1 3 3 20 25 50 4 4 2 20 10 25 3 5 4 20 Oregon junco Junco oreganus 25 House finch Carpodacus mexicanus 2 G.C. Sparrow Zonotrichia atricapalla 2 Song sparrow Melospiza melodia 10 37 1111. ,r te i oil 1 1441 14 0117 \m mei NO) I \ 1+4-'4 ,:ggreb 'Ada& 1 — gx,57-rrl fj rO r-,c,-r4A-rior4 ,Sew A c.4/ Enhanced 50' buffer Plant and design per SAO Guidelines, & KG'%I and S xingwaod studies Enhanced weds nd with 15' buffer Tukwila Pond TYPer3 4..)d-7- c. Walkway oa Pilings' Viewing Platform [nte ed-ydOpe n Shelter (Incur) Picnic Tables +17. Target i r►ie t '� i�fDilily q 4;I Viewing Madam Edge of P=ad >r' t �illll► mg) 011 11101 fro 'Ili� 1 t '/rte Ic0 /a for .0441,04) Enhanced wedaod with 15' buffer T'( wg-rc ND Interpretive Sign":"10 701 /..7•oak s;'1� -iii/A► Existing Bioo6llt alio Swale Increase sideslopes 3:1 A ti titili'1IIIIt! 1IllutiIf!!t i )ti• a• Interpretive Sign Park Entry Park Lighting -1 wow L_A-±--fik mw, ---,w7__.....a. .,......_ -4.-- cm� i.wiifaitr���,t � :7, IvoNg or r' IIIIIII +30 N V Secadary Pedestrian Access to Doubletree - Pedestrian Access t0 Strarder Boulevard Park Entry Sign & Landscaping at Struder •'' Existing Trees Proposed Trees Diagonal Walk - Crushed Prcperty Line • Surface Entry Sign +30 Doubletree Plaza Hole! Benches Informal Stone Seating Water Cascade/Weir Recirculating City Water �-I+— Pedestrian Access to Southern= Parkway I Pa& Entry Sign & Landscaping at Scthanter Blvd. Note: Drainage from hardscape slopes to be directed to catch t.sins and biofltradon swales r 11 • •• a Scale: 1" = 20-0" March 6, 1995 Tukwila Pond Park City of Tukwila Department of Parks & Reaz3tion Mu ase associates foAivoevw �u'if l of etoo/c•NT ate. wa.,o•• lit. C.4. r,..:•. 1t - Potential \ to north (Not included in\ • proposal) twsAMI• (F 'supg target m.intenanee path) Existing 20' wide bio -filtration swale +17 10-12' Walkway on Pilings Viewing Platform Tukwila Pond (Type 1 Wetland, 19.5 Acres) Enhanced 50' buffer -Plant and design per SAO Guidelines, & Springwood studies. Final design per City of Tukwila Type 3 Wetland wtih enhanced 15' Buffer Edge of Pond Interpretive/Open Shelter(600sf)' Crushed stone surface Wetland Planting Viewing Platform Picnic Areas Type 3 wetland with enhanced 15' buffer Interpretive Sign ' X .Jr�•i;�aa ,rte / �t�;•'�„'.—nrsc ati; • Exist ng Biofiltration ('increase sidslapcs 3:1) Target Interpretive Sign Park Entry Security Park Lighting Secondary pedestrian access to Doubletree Pedestrian access to••• p°•• j •(�] • -~ Strander Boulevard ; t "V I , Park Entry Sign & Landscaping at Strander Property Line Ornamental Planting Doubletree Plaza 44 Path to parting with stairs +30 Benches Informal Stone Seating Water CascadelWeir (recirculated city water) Note: Drainage from hardscape slopes to sheet flow to Tukwila Pond. Interpretive center roof to drain to dry wells. Toys R Us •••••••ra•••• 'Limit of Development 9 5P Existing Trees Proposed Trees Diagonal Walk - crushed st.. surface Property. Line Park Entry Sign Pedestrian Access to Southcenter Parkway Park Entry Sign & Landscaping at &'•l^ Southccnttx Blvd. V 0 r• A b b Scale: 1"=20'-0" - March 6, 1995 Conceptual Plan Tukwila Pond Park City of Tukwila, April 11, 1997 Department of Parks & Recreation IMurase associates • NST per AU.. rAD�� O LIrp PK Pi= 1110IU8T ASSEMBLY COIL SWOON IIPPELIARD POSTS CNE TAP EL Ir 0 FOR WATER SERVICE Ive m SETO. ▪ NO 1504..5 055 • , • TO NST>LL S orri &LIVE TAP 05. TE it O RATER S NST5LL• I -Icor TAPPMC TICE NU s.8... 5511 VALVE !Or THRUST BLOOOIG LINE TAP OL Ir 0 15TAU 01MCE PETER 5ETTNG WI 180 LF r DOAWUTIC SERVOS PK. OTT TO MSTALLIE1UL S:OUTHCENTERPLAZA • WATER & SANITARYISEWER PLAN NE 1/4 SECTION 28,TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. TUKWILA, WASHINGTON • SPECIAL. NOTES: CONNECTION TO EID5T. BRIT. smuts 1 CONTRACTOR SMALL FELD. LOCATED ENO OF EXIST. B' SAN. SEWER STUB t3 PLACES PER PLAN) 5 CONTACT ENGINEER TO SURVEY AS -BUILT ELEV. TO DETERMINE PRECISE PPE SLOPE BETWEEN THE STUB & MANHOLE. THFN THE DESIGN WILL BE ADJUSTED SO THAT .THE CONTINUATION OF THE PIPE SLOPE TO NEW 0 THE EXIST. SLOPE ISTUOACCEPTABLE C SAME- AN FOFOR OUR DEPTH REOUIREMEN S.DITIONAL mANHOLE MAT BE FOR THE'PURPOSE OF THIS DESIGN, WE HAVE ASSUMED AN EXISTING PPE SLOPE OF 1.05. 2 CONTRACTOR SHALL AS -BUILT OWNER WN ASLT SURVEY OF DOMESTIC' WATER SERVICE Ie .MEASLY LYTJEGENTFYNG LINE PLACEMENT: METER LOCATIONS AND WATER .� METER NUMBERS. - S 88.15'33' E 4 c 2 3' ._ S 01'44.27• W 37.10" 1..1.J ,r11= VL ."3" 1000.75. PVC 4 3.911 0 VDD1ESTC C000€CTION rE SP0 I0 ER ROOT LOCATION PER ARO. PLANS • DBL. DEOI VALVE ASS, OCR., TO BE .NSD. BADS. POST • PCC*TOR VALVE PIW'FOE DEPT. E. .FOD T 4 EX{TiE/I RMALL II -EINEM MUD: ASSY. /. MI 4GuARD X15. TEE LE • ' 1858.18, -� SaELIVETNOE. Ir Ir RATER T� TEEIFLI 0 1"PRE,NTOUNT ASST. ` 0 MATER MATERC A . Hr.*. TAPPNO TEE FU P GATE VALVE 015.0 CONC. THRUST 50.0005 5. 10 LF PDL;Te TARGET BLDG. FF 26.00 BLDG. B FF 26.00 ARCH PIANS • DBLOECA PALK TSST. OCR*, TDSE5401. • 5CICATOR BALK PRY) S INE 0001 CONIECTON iWOO HOLINTED . •`I.:• BORNS NT LOCATION BLDG. C FF .4 26.00 :I ruin ; ae , D.FRNT _1306.70' *FPROi 13 Li .,IST. S5 5TCB Strander Boulevard. Exp5M 9 ... _�...�...... EE. •15.48 c 21 LO *1 POWER C TELFPIN GR LOUTLIT AS PAWED ON GROUND va.I. SO BY UTILITY RIAAN L SERVICE AREA, rIN AT pANTE LOCATION N T5.? - ARP• AS PANS ED DN OWN) BY SERVICE AND SURRE5ED BV BARG•r./EEN . I CONRlLTNG CIIG00ER5 PRL .. ..... ••' STRANDER BLVD. 60' moo' OF' MAY • SMR MN PLAN LE.. 14 4B Or) SCALE. • CORE MILL OA 101 S COWECT NEW r PVC • LE 4.N !VERIFY) KC 1" ' • 0.41 *1I R .OPEN S1 APO RESTORE:.STREET. MOWLL, .R11N lST8 RO*C110.PLAcio 01 N1 • L,OCT R UNCUT TO • ,S%• PROCTOR m r C EDGES DEPTH CLASS T' 4*ERU1T I I . . MATER BER S r. CC -:II POKER LOCATIOr ` SOIREE LAC ' AS PANTED ON GROW.)ST LOCATE WINCE APPROY 0EF=I. 50 0EiENWEDSIO WWI S111/J�!! 2 1 1 OT CONTRACTOR TO *0EVE GS*N0 1 1 ..,,_F1RD LOCA.% NT„ CRT * IA0E 1 4 . TAP. UCSTPPE Pr. C.J.CFO SBTY>• rRAT> . g 1 N CONC. NNUST SLOWS E d o OPEN CUT APO{ESToE OL PAVES PARK*. YEA 0 rut MU. SP1003YP*RTMF] S% OUT MOON: -OF ON ine' PRIVATE f_ ' RITE5 510 FOR CONE TO No CONSYRUCTICN 5 • UGH/ MBNG LIGHT 0R IS ... :: (LUX POWER : (. 51 CONI. . p' 0'•P' GAS..., LE •'8.07' : Orlr:SD .. .. : ; .. 7zr ss Ea;m 30 1.:: 1.59.0 . 1Ys 1•—ilii 7taVE(KT)' t1r�NRI ..:_..____1. —_1. • IAA CCDNTRACTOR TD NNDETENINE --NEW,C C.SNG 0 *5T0N 'OFCAST.G NECESSARY 5 I . D A,TO COf LET.1117N EBL • . , Cascade and Stone Wall beyond Interpretive/Open Shelter Restr'ooms Existing Biofiltration Swale – i 1/ ✓e r Section A - Open Shelter, Plaza, & Water Feature (looking west) 1/8" = 1'-0" Road Ornamental Planting Weir and Cascade Water Feature 4 'I V 111 i r kL t i� / 4; •i���{•y{i:r�,•ti," t/��%� :1+�. �% •teJ�rl,.•L.,yef��• R.v�,,ke . all'h.4I . �•• . •Fvd ,*,:sirpoz% — Plaza Interpretive/Open Shelter & Restrooms Wetland Planting — Raised Walkway at Wetland & Viewing Platform f/ Pond Section B - Water Feature, Plaza, & Pond Walkway (looking nom 1/8" = 1'-0" 10' Diagonal Path Cascade Water Feature Enhanced Wetland & Section C -Path, Wetland & Pond Edge (looking north) 1/8" = 1'-0" Tukwila Pond Park City of Tukwila Department of Parks & Recreation VAMurase associates 41;4 Landscape Architecture Urban Design Pluming Xe Tee, Aye.. Ik.r. Sae, VA • 1e(1II4 S8) • p42006II4.111