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HomeMy WebLinkAboutREG 2017-12-04 COMPLETE AGENDA PACKETy Tukwila City Council Agenda ❖REGULAR MEETING ❖• T 1908 Allan Ekberg, Mayor Counci/members: + Joe Duffie ❖ Verna Seal David Cline, City Administrator •:• Kathy Hougardy ❖ De'Sean Quinn Dennis Robertson, Council President ❖ Kate Kruller ❖ Thomas McLeod Monday, December 4, 2017; 7:00 PM • Ord #2559 • Res #1921 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 3. CONSENT AGENDA a. Approval of Minutes: 11/20/17 (Regular) b. Approval of Vouchers c. Authorize the Mayor to sign an agreement with Environmental Systems Research Institute, Inc., for GIS professional services in the amount of $55,000.00. [Reviewed and forwarded to Consent by the Finance Committee on 11/21/17.1 d. Authorize the Mayor to sign labor agreements with the Teamsters Local #763 for the period of January 1, 2017 through December 31, 2018 for the Maintenance Trades, Professional Supervisory, and Senior Program Manager units. [Reviewed and forwarded to Consent by the Committee of the Whole on 11/27/17.1 e. An ordinance authorizing the issuance of one or more series of Limited Tax General Obligation Bonds in the aggregate principal amount of not to exceed $20,000,000 to finance and/or reimburse costs related to the acquisition of land and the construction, improvement and equipping of maintenance and other City facilities and to pay costs of issuing the bonds; providing the form, terms and covenants of the bonds; providing for the disposition of the proceeds of the sale of the bonds; delegating authority to approve the method of sale and the final terms of the bonds; and providing for other matters relating thereto. [Reviewed and forwarded to Consent by the Committee of the Whole on 11/27/17.] Pg.1 Pg.17 Pg.19 4. PUBLIC HEARING A quasi-judicial hearing on the Tukwila South Final Plat — Phase 1. Pg.45 5. UNFINISHED BUSINESS a. Motion to approve the application for Tukwila South Final Plat — Phase 1, creating a new lot layout and phasing plan for parcels within the Tukwila South Development, located generally in the area bounded by S. 180th Street to the north, South 204th Street to the south, the Green River to the east and Orillia Road and I-5 to the west as adopted by and set forth in the findings of fact, conclusions, and recommendations contained in the staff report for L17-0068 as the City Council's final decision on this matter. Pg.45 (continued...) REGULAR MEETING Monday, December 4, 2017 Page 2 5. UNFINISHED BUSINESS (cont.) b. A report from the Public Safety Bond Financial Oversight Committee. Sean Goode, Chair, Public Safety Bond Financial Oversight Committee. c. An update on the homeless encampment policy. d. A resolution adopting a City equity policy. e. An ordinance adopting a new chapter of the Tukwila Municipal Code related to vehicle trespass, to be codified as Tukwila Municipal Code Chapter 8.26. f. A resolution updating and clarifying non -represented employees' compensation and adopting the non -represented salary schedule and benefits summary, effective January 1, 2018. g. An ordinance to update regulations regarding distribution of Real Estate Excise Tax (REET). h. Authorize the Mayor to sign Contract Change Order No. 9 to contract #14-067 (Final Settlement) with Walsh Construction for the Interurban Avenue South Project in the amount of $1,081,259.15. i. An ordinance authorizing and providing for the acquisition of interests in land for the purpose of completing the 53rd Avenue South roadway and surface water drainage system projects; providing for condemnation, appropriation, taking of land and property rights necessary therefor; providing for payment thereof and directing the initiation of appropriate proceedings in the manner provided by law and for said condemnation. NOTICE OF FINAL ACTION Pg.205 Pg.227 Pg.241 Pg.249 Pg.255 Pg.267 Pg.271 Pg.273 6. NEW BUSINESS 7. REPORTS a. Mayor b. City Council c. Staff -City Administrator Report and Monthly Public Safety Plan update d. City Attorney e. Council Analyst - Monthly Report from the Program Management Quality Assurance (PMQA) provider for the Public Safety Plan Pg.295 Pg.299 8. MISCELLANEOUS 9. EXECUTIVE SESSION - Potential litigation — Pursuant to RCW 42.30.110(1)(i) — 15 minutes Potential action to follow in the open meeting. 10. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.gov) HOW TO TESTIFY When recognized by the Presiding Officer to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Council review 12/04/17 TEH � 'OLR ❑ Resolution Mtg Date ❑ Ordinance Mtg Date g ❑ Public Hearing Mtg Date ❑ Other Mtg Date ►1 Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD Finance ❑.Fire -1 TS P&R Police PW ❑Court SPONSOR'S SUMMARY The Council is being asked to approve the attached 2 year agreement for ESRI Enterprise Licensing for the City of Tukwila. RIi\IIAX'ED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/21/17 4.„1 Finance ITEM INFORMATION ITEM No. 3.C. 1 STAFF SPONSOR: JOSEPH TODD ORIGINAL AGENDA DA1I':: 12/4/17 AGENDA ITEM TITLE ESRI Enterprise License Agreement (ELA) for GIS CATEGORY ❑ Discussion Mtg Date Motion Date 12/04/17 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ .Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date ►1 Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD Finance ❑.Fire -1 TS P&R Police PW ❑Court SPONSOR'S SUMMARY The Council is being asked to approve the attached 2 year agreement for ESRI Enterprise Licensing for the City of Tukwila. RIi\IIAX'ED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/21/17 4.„1 Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: SEAL ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/A1MIN. CoMMI'rn.I? Department of Technology Information Services Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPINDiTURE RI?QUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED $55,000 $55,000 $55,000 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/4/17 MTG. DATE ATTACHMENTS 12/4/17 Informational Memorandum dated 11/14/17 ESRI Small Enterprise Agreement County & Municipality Government (E214-1) Minutes from the Finance Committee meeting of 11/21/17 1 2 ( 4�z City of Tukwila Allan Ekberg, Mayor t9oa INFORMATIONAL MEMORANDUM TO: Finance & Safety Committee FROM: Joseph Todd (TIS) BY: Tami Eberle -Harris, Roman Linsao CC: Mayor Ekberg DATE: November 14, 2017 SUBJECT: ESRI Enterprise License Agreement (ELA) for GIS ISSUE GIS is no longer a sidelined toolset. It is becoming a central, integral part of our key business processes. BACKGROUND The City of Tukwila currently has ArcGIS for Server and several stand-alone licenses for ESRI GIS. This proposal details the advantages of upgrading to an ESRI Enterprise License (ELA) for the City of Tukwila. DISCUSSION 2017 has been a year of growth for GIS at the City of Tukwila. The GIS Coordinator was re- assigned to the TIS department in order to fulfill enterprise level GIS capabilities and expand the GIS Program. During 2016 and 2017, a centralized GIS warehouse was built, incorporating layers and data utilized by multiple departments. With the assistance of King County and DCD, the Tukwila iMap application was implemented, and is used for a myriad of business use cases, which include but are not limited to creating 'Self -Service' address lists, Land Development inquiries, and fulfilling citizen inquiries and reports. Additional layers are being added to the Tukwila iMap on an ongoing basis, exploration has begun on utilizing the Collector app to collect GIS data in the field, and a contract was recently initiated to bring Lucity Asset management onboard, which will also be integrated with our GIS data warehouse. Many benefits would be gained by procuring the ELA. The named user licenses for ArcGIS online and portal would increase, providing more opportunities for staff and citizens to utilize GIS capabilities. The ArcGIS Online credits available to Tukwila would increase as well, which is key to aligning Tukwila's GIS to our Cloud First strategies. Analytic tools such as Insights for ArcGIS would be available for data analysis, ultimately improving GIS access, and enhancing GIS capabilities for front line employees allowing for improved quality services for the citizens of Tukwila. FINANCIAL IMPACT Multiple Departments in the city currently share the cost of GIS maintenance and licensing. The total ongoing maintenance cost for current licensing is $11,800. This gives the City access to limited licensing for ArcGIS Online, ArcGIS for Server, Desktop software, and several extensions, utilized in applications or by users in departments of DCD, Fire, Police, PW, and TIS. 3 INFORMATIONAL MEMO Page 2 The Enterprise agreement would expand on the current tools to include uncapped quantities of Desktop software and developer tools, increased user named licensing for ArcGIS Online (from 6 to 100), increased online service credits for ArcGIS Online (from 600 to 10,000), and multiple software extensions. The cost shown in the attached quote covers the two-year agreement, in an amount not to exceed $55,000. Below is a summary of some of the cost savings and credits by purchasing the products Maintenance Credit = $5,367 Licensing Credit = $2,580 $7,947 The total over two years is below the current allocated budget in TIS for GIS Professional services (budgeted $90,000 for 2017 & 2018) RECOMMENDATION The Committee is being asked to consider the 2 -year ESRI ELA agreement in the amount of $55,000 and forward this item to the December 4, 2017 Regular Meeting Consent Agenda. ATTACHMENTS -ESRI Small Enterprise Agreement County & Municipality Government (E214-1) W:12017 Info Memos\ESRI ELA InfoMemo 112117.doc 4 esri° Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 909-307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 11/14/2017 To: 02/12/2018 Quotation # 20518811 Date: November 14, 2017 Customer # 135074 Contract # City of Tukwila Information Technology Dept 6300 Southcenter Blvd Ste 202 Tukwila, WA 98188 ATTENTION: Tami Eberle -Harris PHONE: (206) 433-7150 FAX: (206) 433-1833 Material Qty Description 110035 1 Populations of 0 to 25,000 Small Government Term Enterprise License Agreement Year 1 110035 1 Populations of 0 to 25,000 Small Government Term Enterprise License Agreement Year 2 Unit Price 25,000.00 25,000.00 Total 25,000.00 25,000.00 Item Total: 50,000.00 Subtotal: Sales Tax: Estimated Shipping & Handling(2 Day Delivery) : Contract Pricing Adjust: Please note credit will be given for any unused maintenance at the start of the enterprise agreement. 50,000.00 5,000.00 0.00 0.00 Total: $55,000.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Heather Glock Email: hglock@esri.com Phone: 909-793-2853 x8948 The items on this quotation are subject to the terms of this quotation and of your signed agreement with Esri, if applicable. If no such agreement covers any item, then Esri's standard terms and conditions found at http://www.esri.com/legal/software-license apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance of this quotation is limited to the terms of this quotation. State and local government entities in California or Maryland buying under the State Contract are also subject to the terms and conditions found at http://www.esri.com/legal/supplemental-terms-and-conditions. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074-1076 GLOCKH This offer is limited to the terms and conditions incorporated and attached herein. 5 esri• Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 909-307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 11/14/2017 To: 02/12/2018 Quotation # 20518811 Date: November 14, 2017 Customer # 135074 Contract # City of Tukwila Information Technology Dept 6300 Southcenter Blvd Ste 202 Tukwila, WA 98188 ATTENTION: Tami Eberle -Harris PHONE: (206) 433-7150 FAX: (206) 433-1833 If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $ , PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: I agree to pay any applicable sales tax. I am tax exempt, please contact me if exempt information is not currently on file with Esri. Signature of Authorized Representative Date Name (Please Print) Title The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Heather Glock Email: hglockeesri.com Phone: 909-793-2853 x8948 The items on this quotation are subject to the terms of this quotation and of your signed agreement with Esri, if applicable. If no such agreement covers any item, then Esri's standard terms and conditions found at http://www.esri.com/legal/software-license apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance of this quotation is limited to the terms of this quotation. State and local government entities in California or Maryland buying under the State Contract are also subject to the terms and conditions found at http://www.esri.com/legal/supplemental-terms-and-conditions. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074-1076 GLOCl6-I This offer is limited to the terms and conditions incorporated and attached herein. esr • 1. DEFINITIONS IMPLEMENTATION SERVICES ADDENDUM FOR SERVICES PACKAGES Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 "Commercial Off -the -Shelf Software" or "COTS Software" means all or any portion of Esri's proprietary software technology accessed or downloaded from an authorized Esri website or delivered on any media, in any format, including backups, updates, service packs, patches, hot fixes, or permitted merged copies, available under license to the general public. "Map Data" means any digital dataset(s) including geographic, vector data, coordinates, raster, or associated tabular attributes supplied by either party for use in the performance of this Addendum. "Services" means consulting support being performed by Esri on a time and materials basis in exchange for compensation from Customer. "Services Output" means any work product produced by Esri as a result of Services provided under this Addendum. Services Output can include, but is not limited to, reports, training materials, and custom software code. "Services Package(s)" means a predefined unit of Services provided at a firm fixed price, as stated in Esri's proposal. 2. OWNERSHIP AND GRANT OF LICENSE Except as specifically granted in this Addendum, Esri owns and retains all rights, title, and interest in Services Output. Subject to the terms and conditions in this Addendum, Esri grants to Customer a nonexclusive, royalty -free, worldwide license to use, modify, and/or reproduce Services Output in connection with Customer's authorized use of Esri's COTS Software. 3. PATENTS AND INVENTIONS Esri and Customer will retain title to any inventions, innovations, and improvements ("Inventions") made or conceived solely by its principals, employees, consultants, or independent contractors ("Inventors") during the term of this Addendum. Esri and Customer will jointly own any Inventions made or conceived jointly by Inventors from both parties. Where Inventions are jointly owned, each joint owner will share equally the costs of acquiring protection for the Inventions and furnish the other joint owner with assistance reasonably required for acquiring protection. Neither Esri nor Customer may license, transfer, or sell its interest in jointly owned inventions without the written consent of the other party, which will not be unreasonably withheld. 4. COMPENSATION Esri will perform and invoice Services on a firm fixed price basis, and the deliverable will be consultation time. Esri will invoice Customer for all Services Packages ordered upon receipt of a valid Customer Purchase Order/ordering document. The Purchase Order/ordering document will confirm the quantity and price of the Services Packages ordered, as described in Esri's proposal or quotation, and will reference Customer acceptance of this terms and conditions document. Esri standard payment terms are net 30 days from receipt of an Esri invoice. Payment will be made to the Esri address identified on the Esri invoice. For Services provided beyond the period of performance proposed or provided in a new calendar year, Esri reserves the right to increase the Services Package price in accordance with Esri's most current price schedule. Esri's obligation for completion of the Services proposed is limited to the hours outlined in the Services Package descriptions within Esri's statement of work. If additional time is required to complete Customer's goals or activities set forth in the applicable statement of work, Esri and Customer will amend the Purchase Order/ordering document, as mutually agreed, by increasing the quantity of Service Packages ordered and issuing a new or amended Purchase Order/ordering document. Esri may, at its sole discretion, stop work to avoid exceeding the total hours allotted in a specific Services Package. Unused labor hours or travel remaining after the performance of a Services Package will expire and not be available for performance at a later date. If funded Services Packages have not been performed within twelve (12) months of the Esri invoice date, the Services Package will expire, and no refund will be provided. Any amendment to the Purchase Order/ordering document to add Services Packages will not affect the rights or obligations of the parties under this Addendum. 5. LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES Esri warrants for a period of ninety (90) days from the date of performance that Services will substantially conform to the professional and technical standards of the software industry. If Services do not substantially conform to these standards, Customer may require Esri to reperform Services at no additional cost to Customer. Services Output is provided as is without warranty of any kind. Disclaimer of Warranties. With the exception of the limited warranty set forth in this Article, Esri disclaims and this Addendum expressly excludes all other warranties, express or implied, oral or written, including, without limitation, any and all warranties of merchantability or fitness for a particular purpose. In addition to and without limiting the preceding paragraph, Esri does not warrant in any way Map Data. Map Data may not be free of nonconformities, defects, errors, or omissions; be available without interruption; be corrected if errors are discovered; or meet Customer's needs or expectations. Customer should not rely on any Map Data unless Customer has verified Map Data against actual data from documents of record, field measurement, or observation. 6. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY In no event will Esri be liable to Customer for procurement of substitute goods or services; lost profits; lost sales; business expenditures; investments; business commitments; loss of goodwill; or any indirect, special, exemplary, consequential, or incidental damages arising out of or related to this Addendum, however caused or under any theory of liability, even if Esri has been advised of the possibility of such damages. G363D Page 1 of2 08/14/2014 7 Esri's.total cumulative liability under this Addendum, from all causes of action of any kind, will in no event exceed the amount actually paid by Customer for services under this Addendum from which the liability directly arose. 7. CONFIDENTIALITY Services Output is Esri confidential information, and Customer will preserve and protect the confidentiality of Services Output. Customer agrees not to reverse engineer or decompile custom software delivered in object code, executable code, or similar formats (collectively, "Secure Formats"). For custom software delivered in source code or other human -readable formats, Customer will have met its obligations under this provision if its disclosure of custom software is limited to custom software in Secure Formats, provided that the means for reverse engineering, decompiling, or disassembling the custom software is withheld from such disclosure, and the person or entity in receipt of the custom software similarly agrees not to perform the prohibited acts described above or allow others to do so. Except as provided in the preceding paragraph, Customer will not disclose Services Output to third parties without the advance written consent of Esri. Customer may make disclosures to Customer's employees to the extent reasonably required to allow Customer to use Services Output in a manner authorized under the applicable software licenses. Before disclosing all or any portion of Services Output to employees or third parties as permitted in the preceding sentence, Customer will inform its employees or third parties of the obligations in this Addendum and obtain their agreement to be bound by them. Customer must comply with Article 8 in making any permitted disclosures. 8. EXPORT CONTROLS Customer must comply with all applicable laws and regulations of the United States including, without limitation, its export control laws. Customer expressly acknowledges and agrees not to export, reexport, transfer, or release Services Output, in whole or in part, to (i) any US embargoed country (including to a resident of any US embargoed country); (ii) any person on the US Treasury Department's list of Specially Designated Nationals; (iii) any person or entity on the US Commerce Department's Lists of Parties of Concern; or (iv) any person or entity where such export, reexport, or provision violates any US export control laws or regulations including, but not limited to, the terms of any export license or licensing provision and any amendments and supplemental additions to US export laws. 9. GENERAL PROVISIONS 9.1 Nonsolicitation. Neither party will directly solicit for hire any employee of the other party who is associated with Services called for under this Addendum during, and for a period of one (1) year after, project completion. In the event this provision is breached, liquidated damages equal to twelve (12) months of the employee's compensation, plus any legal expenses associated with the enforcement of this provision, will be paid by the breaching party to the aggrieved party. The foregoing will in no way restrict the parties from publicly advertising positions for hire in newspapers, professional magazines, or Internet postings. 9.2 Taxes. Services are quoted exclusive of all state, local, value- added, or other taxes; customs; duties; or other charges (other than income taxes payable by Esri). In the event such taxes and/or charges become applicable to Esri's Services or Services Output, Customer will pay the applicable tax upon receipt of written notice that it is due. 9.3 UCC Inapplicability. Services provided under this Addendum will not be governed by the Uniform Commercial Code (UCC) and will not be deemed "goods" within the definition of UCC. 9.4 Order of Precedence. These terms and conditions will take precedence over any Customer terms and conditions included in Customer ordering or authorizing documents, such as purchase orders. Any additional tens or conditions in Customer ordering or authorizing documents will be void and may be incorporated into this Addendum only by written amendment signed by both parties. 9.5 Equitable Relief. Customer agrees that any breach of this Addendum by Customer may cause Esri irreparable damage. In the event of a breach, in addition to any and all remedies at law, Esri will have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction to prevent violation of these terms without the requirement of posting a bond or undertaking or proving injury as a condition of relief. 9.6 Governing Law. This Addendum will be governed by and construed in accordance with the laws of the State of California without reference to its conflict of laws principles. 9.7 Entire Agreement. This Addendum is the sole and entire agreement of the parties for Services and supersedes any previous agreements, understandings, and arrangements (including any purchase order terms and conditions) between the parties relating to the subject matter. G363D Page 2 oft 08/14/2014 8 i esri Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-1) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the License Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise optional servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) annual Professional subscription to ArcGIS Developer* Two (2) Esri CityEngine Advanced Single Use Licenses 50 Level 1 ArcGIS Online Named Users 50 Level 2 ArcGIS Online Named Users 10,000 ArcGIS Online Service Credits 50 Level 1 ArcGIS Enterprise Named Users 50 Level 2 ArcGIS Enterprise Named Users 2 Insights for ArcGIS OTHER BENEFITS Number of Esri User Conference registrations provided annually 2 Number of Tier 1 Help Desk individuals authorized to call Esri 2 Maximum number of sets of backup media, if requested** 2 Self -Paced e -Learning Uncapped Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.) * Maintenance is not provided for these items **Additional sets of backup media may be purchased for a fee Page 1 of 5 03/03/2017 9 Customer may accept this Agreement by signing and returning the whole Agreement with a signed sales quotation, purchase order, or other document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of Customer's Ordering Document incorporating this Agreement by reference, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Two (2) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: City of Tukwila (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Page 2 of 5 03/03/2017 10 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the License Agreement, the following definitions apply to this Agreement: "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "License Agreement" means the applicable license agreement for Esri Products incorporated by this reference that is (i) found at http://www.esri.com/legal/software-license and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri license agreement that supersedes such electronically acknowledged license agreement. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Product(s)" means the products identified in Table A— List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. Customer will receive Tier 2 Support from Esri. 2.0 -ADDITIONAL GRANT Of LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the term provided on the first page (i) for the applicable Fee and (ii) in accordance with the License Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third - party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor Servers for the benefit of Customer. 3.0 -TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate on expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government-owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. Page 3 of 5 03/03/2017 11 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. -4.0—PRODUCE UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions of the License Agreement. 33.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at http://support.esri.com/en/content /productlifecycles. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed during the Term of Agreement, but Customer will not be able to Deploy retired Products. 5.0__-.IbIAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at http://www.esri.com/legal). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support I. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier I Help Desk will be the initial points of contact for all questions and reporting of a Case. The Tier I Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. The Tier 1 Help Desk may also use any other information and databases that may be developed to satisfactorily resolve the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier I Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. h. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). Page 4 of 5 03/03/2017 12 6.0 -ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0 -ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration date of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0 -ORDERING, ADMINISTRATIVE PROCEDURES, I)I:,I.dVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee before the annual anniversary date for each additional year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri's federal ID number is 95-2775-732. c. If requested, Esri will ship backup media to the ship - to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each additional year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due 9.0 -MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Page 5 of 5 03/03/2017 13 14 Finance Committee Minutes November21, 2017 C. Ordinance: Financing Public Safety Plan Public Works Shops Facility Staff is seeking Council approval of an ordinance to authorize issuance of one or more series of limited tax obligation (LTGO) bonds in the aggregate principal amount not to exceed $20,000,000 to finance the acquisition of land and construction of the Public Works shops facility included in the Public Safety Plan. The Council authorized the acquisition of parcels to site the facility on November 6, 2017. Because the amount and timing of funds needed has a degree of certainty, this ordinance was prepared for adoption now so that the City would have the financing tools in place. In addition, it was prepared to include the greatest level of flexibility, including the option for short-term financing. Staff distributed a new info memo that corrects an error and shows that the debt service will be under what was budgeted by about half. The ordinance will be valid for one year. Chair Seal asked about how the Council would be kept informed or provide necessary approvals throughout the whole purchase process, as some may be concerned this ordinance would serve as a blank check. Ms. Gregory pointed out that on page 54, Section 12(3)(4) the ordinance provides that the Council must receive a report describing the final terms of the Bonds sold pursuant to the Sale document. The Council would also remain closely involved through consideration and potential approval of the purchase and sale agreement for the property. The disclosure document could also be provided to the Council as the transaction proceeds. The Committee expressed support for the ordinance being in place and providing flexibility for future financing decisions. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 27, 2017 COMMITTEE OF THE WHOLE. D. Commercial Parking Tax Legislation Staff is seeking Council approval of an ordinance to amend Tukwila Municipal Code 3.48 to increase the commercial parking tax from 5% to 15% and impose a late penalty of 10% per month. The commercial parking tax was established in 1998 and has not been updated since then. An increase to 15% will make the rate comparable to tax rates in surrounding jurisdictions. There are currently nine parking facilities in Tukwila that charge customers and are therefore subject to this tax. Parking tax revenues are restricted to transportation projects. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 27, 2017 COMMITTEE OF THE WHOLE. E. Resolution: Equity Policy Staff is seeking Council approval of a resolution that would adopt an equity policy for the City. The policy was written by an ad hoc employee committee, then further refined and approved by the Equity and Social Justice Commission. Since the Committee was last briefed, staff presented the draft to other staff in all departments. As a result of that, "gender identity" was added to the list of individuals and groups deserving of equity in Section 1. In section IV.5, "contractors" was added to the list of groups who will receive an equity toolkit from the City. The Equity and Social Justice Commission approved these two changes as well. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 27, 2017 COMMITTEE OF THE WHOLE. There was consensus to consider the ESRI Enterprise License Agreement as the next order of business. F. Enterprise License Agreement: GIS Mapping Software Staff is seeking Council approval of a two-year agreement with Environmental Systems Research Institute, Inc. (ESRI) in the amount not to exceed $55,000 for a GIS enterprise license. Currently there is one staff member assigned to GIS and this licensing agreement will provide 15 Finance Committee Minutes November21, 2017 more opportunities for staff and residents to access GIS capabilities, primarily through the new Tukwila iMap application. The two-year agreement total is below the allocation of $90,000 in the adopted budget. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 4, 2017 REGULAR CONSENT AGENDA. G. Resolution: Non -Represented Employees 2018 Compensation Staff is seeking Council approval of a resolution that would grant an increase of 2.7% to non - represented employees' compensation effective January 1, 2018. The Council's intent to review the overall compensation policy as adopted in Resolution 1796 is postponed to 1st Quarter 2018 due to the ongoing collective bargaining negotiations occurring this year. Staff is proposing the 2.7% increase because it matches the increase that was negotiated for the Teamsters, which is the group that represents the largest number of City employees. The resolution also adopts the benefits and longevity pay plan. Councilmember Hougardy asked how this percentage increase relates to the overall City budget and revenue picture. Staff replied that the third quarter report shows sales tax revenues are under budget, but property tax is at budget and gambling tax is over budget. Overall revenues increased by about $570k. The City can pay for this salary increase if authorized by Council because departmental expenditures continue to be under budget. Councilmember Hougardy also asked what the dollar amount of the proposed increase for the 37 employees amounts to, and staff will follow up with that information. While acknowledging the market study has not been performed this year, Committee members requested general information about salary increases in other jurisdictions. This information will be provided when the compensation policy will be reviewed in early 2018. Councilmember McLeod expressed concern about granting a salary increase to employees who may already be above market, and stated he intends to focus on this next year. Staff noted that the Teamsters contract that will be before the Council includes language specifically addressing that, which will help inform the Council's policy discussion with regard to non -represented employees as well. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 27, 2017 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Adjourned at 7:53 p.m. Committee Chair Approval Minutes by LH 16 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by "or's review Council review 11/27/17 SB ',4'e'C D Lrj2 12/4/17 SB %/wC D L'(Z ❑ Public Hearing Mg Date ❑ Other Mtg Date Mtg Date Mtg Mtg Date SPONSOR Council ❑Mayor ►1 HR ❑DCD Finance ❑Fire ❑TS P&R Police ❑PIF ❑Court SPONSOR'S City staff, our labor relations consulltant and the Teamsters Local Union No. 763 SUMMARY representatives opened labor negotiations on November 18, 2016, in an effort to reach agreement on successor contracts. A tentative agreement has been reached and information is being presented for City Council approval and to authorize the Mayor to sign the Collective Bargaining Agreements for the Maintenance Trades, Professional Supervisory and Senior Program Managers (CBA) for 2017-2018. RI ,vIL:WED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: ITEM INFORMATION ITEM No. 3.D. 17 STAFF SPONSOR: STEPHANIE BROWN ORIGINAL AGENDA DATE: 11/27/17 AGENDA ITEM Trrl.L: Authorize Teamsters Supervisory the Mayor to sign the Collective Bargaining Agreements (CBA) with the Local Union No. 763 representing the Maintenance Trades, Professional and Senior Program Managers for 2017-2018. CATEGORY /1 Discussion 11/27/17 /1 Motion Date 12/4/17 ❑ Resolution Mtg Date Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mg Date ❑ Other Mtg Date Mtg Date Mtg Mtg Date SPONSOR Council ❑Mayor ►1 HR ❑DCD Finance ❑Fire ❑TS P&R Police ❑PIF ❑Court SPONSOR'S City staff, our labor relations consulltant and the Teamsters Local Union No. 763 SUMMARY representatives opened labor negotiations on November 18, 2016, in an effort to reach agreement on successor contracts. A tentative agreement has been reached and information is being presented for City Council approval and to authorize the Mayor to sign the Collective Bargaining Agreements for the Maintenance Trades, Professional Supervisory and Senior Program Managers (CBA) for 2017-2018. RI ,vIL:WED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE; Human Resources; Forward to Regular Meeting Consent from C.O.W. COST IMPACT / FUND SOURCE EYPENDITURI? RIQUIRII D AMOUNT BUDGETED APPROPRIATION REQUIRED $/A $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/27/17 Forward to Regular Meeting Cnncent MTG. DATE ATTACHMENTS 11/27/17 Informational Memorandum dated 11/20/17 (Copy of the 2017-2018 Labor Agreements provided under separate cover) 12/4/17 No attachments 17 18 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma or r review Council review 11/27/17 PMc ; J*27C J L R 12/04/17 PMc Ae/WC ThLR Mtg Date Mtg Date 12/4/17 SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ►1Finance Fire ❑:I'S P&R Police ❑PW ❑Court SPONSOR'S The Public Works shops portion of the Public Safety Plan will be financed through SUMMARY Councilmanic bonds and other means. On November 6, 2017, the City Council authorized the acquisition of parcels, including through eminent domain, to site the justice center, fire station 54 and the Public Works shops. The proceeds of the proposed bond issue(s) will be used to finance the acquisition of property for the Public Works shops and pay for soft costs through mid -2019. RIA'IEWF I) 13Y ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/21/17 I Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: SEAL ❑ Parks COMMITTEE ITEM INFORMATION ITEM No. 3.E. 19 STAFF SPONSOR: PEGGY MCCARTHY ORIGINALAGPND.1 DATE,: 11/27/17 AGENDA ITEM TITLE. Approve an ordinance for issuance of LTGO bonds in an amount not to exceed $20,000,000 for the acquisition of land and construction of City maintenance facilities as part of the Public Safety Plan. CATEGORY 11 Discussion 11/27/17 ❑ Motion Mtg Date ❑ Resolution Mtg Date Ordinance ❑ Bid Award !Wig Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 12/4/17 SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ►1Finance Fire ❑:I'S P&R Police ❑PW ❑Court SPONSOR'S The Public Works shops portion of the Public Safety Plan will be financed through SUMMARY Councilmanic bonds and other means. On November 6, 2017, the City Council authorized the acquisition of parcels, including through eminent domain, to site the justice center, fire station 54 and the Public Works shops. The proceeds of the proposed bond issue(s) will be used to finance the acquisition of property for the Public Works shops and pay for soft costs through mid -2019. RIA'IEWF I) 13Y ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/21/17 I Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: SEAL ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMUTE] Finance Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDI'T'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/27/17 Forward to Regular Meeting Consent MTG. DATE ATTACHMENTS 11/27/17 Informational Memorandum dated 11/15/17 Ordinance in Draft Form Presentation by City's Financial Advisor, PFM Minutes from the Finance Committee meeting of 11/21/17 12/ 4/17 Final Ordinance 19 20 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $20,000,000 TO FINANCE AND/OR REIMBURSE COSTS RELATED TO THE ACQUISITION OF LAND AND THE CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF MAINTENANCE AND OTHER CITY FACILITIES AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF THE SALE OF THE BONDS; DELEGATING AUTHORITY TO APPROVE THE METHOD OF SALE AND THE FINAL TERMS OF THE BONDS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council (the "Council") of the City of Tukwila, Washington (the "City") has deemed it is in the best interest of the City to acquire certain parcels of land, including through eminent domain, and to construct, improve and equip maintenance and other City facilities (together, the "Project"); and WHEREAS, after due consideration the Council has determined that it is in the best interest of the City to authorize the issuance and sale of limited tax general obligation bonds to pay all or a portion of the costs of the Project and to pay costs of issuance for the Bonds; and WHEREAS, the Council wishes to delegate authority to the Mayor, City Administrator, and Finance Director, or his or her designee (each, a "Designated Representative"), for a limited time, to select the method of bond sale for each series of bonds authorized hereunder that is in the best interest of the City (if any) and to approve the interest rates, maturity dates, redemption terms and principal maturities for each series of Bonds within the parameters set by this ordinance; and W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs Page 1 of 18 21 WHEREAS, the Bonds of each series shall be sold by either a direct purchase or be underwritten as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following words and terms shall have the following meanings, unless the context or use indicates another or different meaning or intent. Unless the context indicates otherwise, words importing the singular number shall include the plural number and vice versa. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Underwritten Bonds (including persons holding Underwritten Bonds through nominees, depositories or other intermediaries). Bond Counsel means Pacifica Law Group LLP, or an attorney at law or a firm of attorneys, selected by the City, of nationally recognized standing in matters pertaining to the tax exempt nature of interest on bonds issued by states and their political subdivisions. Bond Purchase Contract means the contract, if any, for the purchase of any Underwritten Bonds sold by negotiated sale to the Underwriter, executed pursuant to Section 12. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of a series of Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means: (a) for any Underwritten Bonds, initially, the fiscal agent of the State, for the purposes of registering and authenticating the Underwritten Bonds, maintaining the Bond Register for the Underwritten Bonds, effecting transfer of ownership of the Underwritten Bonds and paying interest on and principal of the Underwritten Bonds; and (b) for any Direct Purchase Bonds, the Finance Director of the City. Bonds mean the City's Limited Tax General Obligation Bonds, 2018, with such series designation as approved by a Designated Representative, authorized to be issued pursuant to the terms of this ordinance. Certificate of Award means one or more certificates, if any, for the purchase of any Underwritten Bonds sold by competitive sale awarding the Bonds of a series to the initial purchaser as set forth in Section 12 of this ordinance. City means the City of Tukwila, a municipal corporation duly organized and existing under the laws of the State. City Clerk means the duly appointed and acting City Clerk of the City or the successor to the duties of that office. W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs 22 Page 2 of 18 City Administrator means the duly appointed and acting City Administrator, including anyone acting in such capacity for the position, or the successor to the duties of that office. Closing means the date of delivery of a Bond or Bonds of a series to the initial purchaser thereof. Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of a series of Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of such series of Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. Commission means the United States Securities and Exchange Commission. Continuing Disclosure Certificate means the written undertaking for the benefit of the owners and Beneficial Owners of any Underwritten Bonds as required by Section (b)(5) of the Rule. Council or City Council means the Tukwila City Council, as the general legislative body of the City as the same is duly and regularly constituted from time to time. Debt Service Fund means the fund or account created pursuant to this ordinance for the purpose of paying debt service on the Bonds. Designated Representative means the Mayor, City Administrator and Finance Director, or his or her designee. The signature of one Designated Representative shall be sufficient to bind the City. Direct Purchase Bonds means any Bonds or Bond sold to a Direct Purchaser pursuant to Section 12 of this ordinance. Direct Purchaser means any bank or other financial institution selected to purchase (or to accept delivery of one or more Direct Purchase Bonds to evidence the City's obligations under a Loan Agreement) one or more Direct Purchase Bonds pursuant to Section 12 of this ordinance. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for any Underwritten Bonds pursuant to Section 4(a) of this ordinance. Fair Market Value means the price at which a willing buyer would purchase an investment from a willing seller in a bona fide, arm's-length transaction, except for specified investments as described in Treasury Regulation §1.148-5(d)(6), including United States Treasury obligations, certificates of deposit, guaranteed investment contracts, and investments for yield restricted defeasance escrows. Fair Market Value is generally determined on the date on which a contract to purchase or sell an investment becomes binding, and, to the extent required by the applicable regulations under the Code, the term "investment" will include a hedge. W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs Page 3 of 18 23 Federal Tax Certificate means one or more certificates executed by a Designated Representative setting forth the requirements of the Code for maintaining the tax exemption of interest on the Bonds of a series to be dated as of the date of Closing for such Bonds, and attachments thereto. Finance Director means the duly appointed and acting Finance Director of the City or the successor to such officer. Government Obligations means those obligations now or hereafter defined as such in chapter 39.53 RCW constituting direct obligations of the United States or obligations unconditionally guaranteed by the United States, as such chapter may be hereafter amended or restated. Letter of Representations means the Blanket Issuer Letter of Representations given by the City to DTC, as amended from time to time. Loan Agreement means one or more loan or purchase agreements, if any, between the City and a Direct Purchaser under which the Direct Purchaser will make a loan to the City, evidenced by a Direct Purchase Bond, or under which the Direct Purchaser will purchase the Direct Purchase Bond. Mayor or City Mayor means the elected Mayor of the City or the successor to the duties of that office. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Official Statement means the disclosure document(s) prepared and delivered in connection with the issuance of any Underwritten Bonds. Project means the capital projects described in Section 2 of this ordinance. Project Fund means the account created pursuant to Section 8 of this ordinance. Record Date means the close of business for the Bond Registrar that is 15 days preceding any interest and/or principal payment or redemption date. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. Sale Document means the Bond Purchase Contract, Certificate of Award, or Loan Agreement if any, executed by a Designated Representative in connection with the sale of a series of Bonds pursuant to Section 12 of this ordinance, which shall provide for the name, principal and interest payment dates and amounts, redemption/prepayment rights, and other terms to describe such series of Bonds as determined to be necessary by a Designated Representative. State means the State of Washington. W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs 24 Page 4 of 18 Underwriter means any underwriter, in the case of a negotiated sale, or initial purchaser, in the case of a competitive sale, for any series of Underwritten Bonds selected pursuant to Section 12. Underwritten Bonds means Bonds of a series, if any, sold pursuant to a negotiated or a competitive sale by the City to an Underwriter pursuant to Section 12 of this ordinance. Section 2. Authorization of the Project. The Bonds are being issued to finance and/or reimburse the City for costs of acquiring certain parcels of land, including through eminent domain, and constructing, improving and equipping maintenance and other City facilities (together, the "Project") and paying costs of issuance for the Bonds. The cost of all necessary and other costs incurred in connection with the Project shall be paid from other City funds legally available for such purposes. Section 3. Authorization of Bonds and Bond Details. (a) General. For the purpose of paying and/or reimbursing the City for costs of the Project and paying costs of issuance, the City is hereby authorized to issue and sell one or more series of its limited tax general obligation bonds in an aggregate principal amount not to exceed $20,000,000 (the "Bonds"). The Bonds shall be general obligations of the City and shall be designated "City of Tukwila, Washington, Limited Tax General Obligation Bonds, 2018," with series designation or other such designation as determined to be necessary by a Designated Representative. The Bond or Bonds of a series shall be dated as of the date of Closing of such series of Bonds; shall be fully registered as to both principal and interest; and shall be sold from time to time under this ordinance as either Direct Purchase Bonds or Underwritten Bonds, as approved and executed by a Designated Representative pursuant to Section 12 hereof. (b) Underwritten Bonds. Any Bonds of a series may be sold as Underwritten Bonds. Underwritten Bonds shall be issued in denominations of $5,000, or any integral multiple thereof, within a series and maturity; shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest payable on the dates set forth in the applicable Sale Document; and shall be subject to optional and/or mandatory redemption and mature on the dates and in the principal amounts set forth in the applicable Sale Document. (c) Direct Purchase Bonds. Any Bonds of a series may be sold as Direct Purchase Bonds. Direct Purchase Bonds shall be dated as of the date of delivery to the Direct Purchaser, shall be fully registered as to both principal and interest, shall be in one denomination, and shall mature on the date set forth in the applicable Sale Document. Direct Purchase Bonds shall bear interest from the dated date or the most recent date to which interest has been paid at the interest rate set forth in the applicable Sale Document. Interest on the principal amount of Direct Purchase Bonds shall be W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs Page 5 of 18 25 calculated per annum on a 30/360 basis, or as otherwise provided in the Bond and in the applicable Sale Document. Principal of and interest on Direct Purchase Bonds shall be payable at the times and in the amounts as set forth in the payment schedule attached to the Direct Purchase Bond. Section 4. Registration, Exchange and Payments. (a) Underwritten Bonds. (1) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of a State fiscal agent. The City shall cause a bond register to be maintained by the Bond Registrar. So long as any Underwritten Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Underwritten Bonds at its designated office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Underwritten Bonds transferred or exchanged in accordance with the provisions of such Underwritten Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Underwritten Bonds. (2) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Underwritten Bond as the absolute owner thereof for all purposes (except as provided in the Continuing Disclosure Certificate), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 4(A)(7), but such Underwritten Bond may be transferred as herein provided. All such payments made as described in Section 4(A)(7) shall be valid and shall satisfy and discharge the liability of the City upon such Underwritten Bond to the extent of the amount or amounts so paid. (3) DTC Acceptance/Letters of Representations. The Underwritten Bonds initially shall be held by DTC acting as depository. The City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Underwritten Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Underwritten Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs 26 Page 6 of 18 any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Underwritten Bonds are held by a depository, DTC or its successor depository or its nominee shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Underwritten Bonds. (4) Use of Depository. (A) The Underwritten Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Underwritten Bond maturing on each of the maturity dates for the Underwritten Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Underwritten Bonds, or any portions thereof, may not thereafter be transferred except: (i) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (ii) to any substitute depository appointed by the Finance Director pursuant to subsection (B) below or such substitute depository's successor; or (iii) to any person as provided in subsection (D) below. (B) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (C) In the case of any transfer pursuant to clause (i) or (ii) of subsection (A) above, the Bond Registrar shall, upon receipt of all outstanding Underwritten Bonds together with a written request on behalf of the Finance Director, issue a single new Underwritten Bond for each maturity of that series then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. (D) In the event that: (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained; or (B) the Finance Director determines that it is in the best interest of the beneficial owners of the Underwritten Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Underwritten Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held by a depository. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Underwritten Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Underwritten Bonds together with a written request on behalf of the Finance Director to the Bond Registrar, new Underwritten Bonds of such series shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs Page 7 of 18 27 (5) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Underwritten Bond may be registered and Underwritten Bonds may be exchanged, but no transfer of any such Underwritten Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Underwritten Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Underwritten Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Underwritten Bond (or Underwritten Bonds at the option of the new Registered Owner) of the same series, date, maturity, and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Underwritten Bond, in exchange for such surrendered and cancelled Underwritten Bond. Any Underwritten Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same series, date, maturity, and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer of or to exchange any Underwritten Bond during the 15 days preceding any principal payment or redemption date. (6) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Underwritten Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners or beneficial owners of Underwritten Bonds. (7) Place and Medium of Payment. Both principal of and interest on the Underwritten Bonds shall be payable in lawful money of the United States of America. Interest on the Underwritten Bonds shall be calculated on the basis of a year of 360 days and twelve 30 -day months. For so long as all Underwritten Bonds are held by a depository, payments of principal thereof and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Underwritten Bonds are no longer held by a depository, interest on the Underwritten Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the Record Date, or upon the written request of a Registered Owner of more than $1,000,000 of Underwritten Bonds (received by the Bond Registrar at least by the Record Date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Underwritten Bonds shall be payable upon presentation and surrender of such Underwritten Bonds by the Registered Owners at the designated office of the Bond Registrar. W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs 28 Page 8 of 18 If any Underwritten Bond is duly presented for payment and funds have not been provided by the City on the applicable payment date, then interest will continue to accrue thereafter on the unpaid principal thereof at the rate stated on the Underwritten Bond until the Underwritten Bond is paid. (b) Direct Purchase Bonds. (1) Registrar/Bond Registrar. The Finance Director shall act as Bond Registrar for any Direct Purchase Bonds. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Direct Purchase Bonds if transferred or exchanged in accordance with the provisions of the Direct Purchase Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance with respect to Direct Purchase Bonds. (2) Registered Ownership. The City and the Bond Registrar may deem and treat the Registered Owner of any Direct Purchase Bond as the absolute owner for all purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. (3) Transfer or Exchange of Registered Ownership. Direct Purchase Bonds shall not be transferrable without the consent of the City unless: (A) the Direct Purchaser's corporate name is changed and the transfer is necessary to reflect such change; or (B) the transferee is a successor in interest of the Direct Purchaser by means of a corporate merger, an exchange of stock, or a sale of assets. Notwithstanding the foregoing, Direct Purchase Bonds may be transferred upon satisfaction of the requirements, if any, set forth in the applicable Sale Document and the Direct Purchase Bonds. Section 5. Redemption Prior to Maturity and Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional Redemption. The Bonds of each series shall be subject to mandatory redemption to the extent, if any, set forth in the applicable Sale Document and as approved by a Designated Representative pursuant to Section 12. The Bonds of each series shall be subject to optional redemption and/or prepayment on the dates, at the prices and under the terms set forth in the applicable Sale Document approved by a Designated Representative pursuant to Section 12. (b) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director plus accrued interest to the date of purchase. (c) Selection of Bonds for Redemption. If the Underwritten Bonds of a series are held in book -entry only form, the selection of particular Underwritten Bonds within a series and maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Underwritten Bonds of a series are no longer held by a depository, the selection of such Underwritten Bonds of such series to be W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs Page 9 of 18 29 redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If the City redeems at any one time fewer than all of the Underwritten Bonds of a series having the same maturity date, the particular Underwritten Bonds or portions of Underwritten Bonds of such series and maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of an Underwritten Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Underwritten Bond as representing such number of separate Underwritten Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Underwritten Bond by $5,000. In the event that only a portion of the principal sum of an Underwritten Bond is redeemed, upon surrender of such Underwritten Bond at the designated office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, an Underwritten Bond or Bonds of like series, maturity and interest rate in any of the denominations herein authorized. (d) Notice of Redemption or Prepayment. (1) Official Notice. Notice of any prepayment of Direct Purchase Bonds shall be provided by the City to the Direct Purchaser as provided in the applicable Sale Document. For so long as the Underwritten Bonds of a series are held by a depository, notice of redemption shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar shall provide any notice of redemption to any beneficial owners. The notice of redemption may be conditional. Thereafter (if the Underwritten Bonds are no longer held in uncertificated form), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Underwritten Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Underwritten Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Underwritten Bonds of a series are to be redeemed, the identification by maturity (and, in the case of partial redemption, the respective principal amounts) of the Underwritten Bonds to be redeemed, W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs 30 Page 10 of 18 (D) any conditions to redemption, (E) that unless conditional notice of redemption has been given and such conditions have either been satisfied or waived, on the redemption date the redemption price shall become due and payable upon each such Underwritten Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (F) the place where such Underwritten Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the designated office of the Bond Registrar. On or prior to any redemption date, unless such redemption has been rescinded or revoked, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Underwritten Bonds or portions of Underwritten Bonds which are to be redeemed on that date. The City retains the right to rescind any redemption notice and the related optional redemption of Underwritten Bonds by giving notice of rescission to the affected registered owners at any time on or prior to the scheduled redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Underwritten Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. (2) Effect of Notice; Bonds Due. If notice of redemption has been given and not rescinded or revoked, or if the conditions set forth in a conditional notice of redemption have been satisfied or waived, the Underwritten Bonds or portions of Underwritten Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Underwritten Bonds or portions of Underwritten Bonds shall cease to bear interest. Upon surrender of such Underwritten Bonds for redemption in accordance with said notice, such Underwritten Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Underwritten Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus: (A) the CUSIP numbers of all Underwritten Bonds being redeemed; (B) the date of issue of the Underwritten Bonds as originally issued; (C) the rate of interest borne by each Underwritten Bond being redeemed; (D) the series and maturity date of each Underwritten Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Underwritten Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 14 and the Continuing Disclosure Certificate and with such W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs Page 11 of 18 31 additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Underwritten Bonds. (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 5, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. Section 6. Form of Bonds. The Bonds shall be in substantially the form set forth in Exhibit A, which is incorporated herein by this reference. Section 7. Execution of Bonds. The Bonds of each series shall be executed on behalf of the City by the facsimile or manual signature of the Mayor and shall be attested to by the facsimile or manual signature of the City Clerk, and shall have the seal of the City impressed or a facsimile thereof imprinted, or otherwise reproduced thereon. In the event any officer who shall have signed or whose facsimile signatures appear on any of the Bonds shall cease to be such officer of the City before said Bonds shall have been authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issuance, shall be as binding upon the City as though said person had not ceased to be such officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the actual date of execution of such Bond shall be the proper officer of the City, although at the original date of such Bond such persons were not such officers of the City. Only such Bonds as shall bear thereon a Certificate of Authentication manually executed by an authorized representative of the Bond Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. Section 8. Application of Bond Proceeds. The Finance Director is hereby authorized to create a fund or account (the "Project Fund"), and subaccounts therein as necessary, for the purposes set forth in this section. Net proceeds of the Bonds shall be deposited in the Project Fund in the amounts specified in the closing memorandum prepared in connection with the issuance of the Bonds. Such proceeds shall be used to pay and/or reimburse the City for the costs of the Project and to pay costs of issuance of the Bonds. The Finance Director shall invest money in the Project Fund and the subaccounts contained therein in such obligations as may now or hereafter be permitted to cities of the State by law and which will mature prior to the date on which such money shall be needed, but only to the extent that the same are acquired, valued and disposed of at Fair Market Value. Upon completion of the Project, Bond proceeds W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs 32 Page 12 of 18 (including interest earnings thereon) may be used for other capital projects of the City or shall be transferred to the Debt Service Fund. Section 9. Tax Covenants. The City will take all actions necessary to assure the exclusion of interest on each series of Bonds from the gross income of the owners of such Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bonds, including but not limited to the following: (a) Private Activity Bond Limitation. The City will assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private business tests of Section 141(b) of the Code or the private loan financing test of Section 141(c) of the Code. (b) Limitations on Disposition of Project. The City will not sell or otherwise transfer or dispose of: (i) any personal property components of the Project other than in the ordinary course of an established government program under Treasury Regulation 1.141-2(d)(4); or (ii) any real property components of the Project, unless it has received an opinion of nationally recognized bond counsel to the effect that such disposition will not adversely affect the treatment of interest on the Bonds as excludable from gross income for federal income tax purposes. (c) Federal Guarantee Prohibition. The City will not take any action or permit or suffer any action to be taken if the result of such action would be to cause any of the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code. (d) Rebate Requirement. The City will take any and all actions necessary to assure compliance with Section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Bonds. (e) No Arbitrage. The City will not take, or permit or suffer to be taken, any action with respect to the proceeds of the Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bonds would have caused the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code. (f) Registration Covenant. The City will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code until all Bonds have been surrendered and canceled. (g) Record Retention. The City will retain its records of all accounting and monitoring it carries out with respect to the Bonds for at least three years after the Bonds mature or are redeemed (whichever is earlier); however, if the Bonds are redeemed and refunded, the City will retain its records of accounting and monitoring at least three years after the earlier of the maturity or redemption of the obligations that refunded the Bonds. W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs Page 13 of 18 33 (h) Compliance with Federal Tax Certificate. The City will comply with the provisions of the Federal Tax Certificate with respect to each series of Bonds, which are incorporated herein as if fully set forth herein. The covenants of this Section will survive payment in full or defeasance of the Bonds. (i) Bank Qualification. The Finance Director is hereby authorized to designate each series of Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by financial institutions if the City does not reasonably expect to issue more than $10,000,000 of qualified tax-exempt obligations in the calendar year in which the Bonds are issued. Section 10. Debt Service Fund and Provision for Tax Levy Payments. The City hereby authorizes the creation of a fund or account to be used for the payment of debt service on the Bonds (the "Debt Service Fund"). No later than the date each payment of principal of or interest on the Bonds becomes due, the City shall transmit sufficient funds, from the Debt Service Fund or from other legally available sources, to the Bond Registrar for the payment of such principal or interest. Money in the Debt Service Fund may be invested in legal investments for City funds, but only to the extent that the same are acquired, valued and disposed of at Fair Market Value. Any interest or profit from the investment of such money shall be deposited in the Debt Service Fund. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it shall include in its budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds as the same shall become due. The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the property tax levy permitted to cities without a vote of the electorate, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and for the prompt payment of the principal of and interest on the Bonds when due. Section 11. Defeasance. In the event that the City, in order to effect the payment, retirement or redemption of any Bond, sets aside in the Debt Service Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs 34 Page 14 of 18 payments need be made into the Debt Service Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from the Debt Service Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. The City shall give written notice of defeasance of the Bonds in accordance with the Continuing Disclosure Certificate. Section 12. Sale of Bonds. (a) Bond Sale. The Council has determined that it would be in the best interest of the City to delegate to each Designated Representative, for a limited time, the authority to determine the method of sale for each series of Bonds and to approve the final interest rates, maturity dates, redemption terms and principal maturities for each series of Bonds. Each series of Bonds issued pursuant to this ordinance may be issued at the same or different times so long as each series complies with the terms hereof. Each Designated Representative is hereby authorized to approve the issuance, from time to time, of one or more series of Bonds and to approve whether the Bonds of such series shall be sold in a private placement to a Direct Purchaser or to an Underwriter through a competitive public sale or a negotiated sale, as set forth below. (b) Direct Purchase. If a Designated Representative determines that the Bonds of a series are to be sold by private placement, a Designated Representative shall select the Direct Purchaser that submits the proposal that is in the best interest of the City. Direct Purchase Bonds shall be sold to the Direct Purchaser pursuant to the terms of a Loan Agreement. (c) Negotiated Bond Sale. If a Designated Representative determines that the Bonds of a series are to be sold by negotiated public sale, a Designated Representative shall select the Underwriter that submits the proposal that is in the best interest of the City. Such Bonds shall be sold to the Underwriter pursuant to the terms of a Bond Purchase Contract. (d) Competitive Sale. If a Designated Representative determines that the Bonds of a series are to be sold at a competitive public sale, a Designated Representative shall: (1) establish the date of the public sale; (2) establish the criteria by which the successful bidder will be determined; (3) establish the criteria for a good faith deposit; (4) cause notice of the public sale to be given; and (5) provide for such other matters pertaining to the public sale as he or she deems necessary or desirable. A Designated Representative shall cause the notice of sale to be given and provide for such other matters pertaining to the public sale as he or she deems necessary or desirable. Such Bonds shall be sold to the Underwriter pursuant to the terms of a Certificate of Award. W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs Page 15 of 18 35 (e) Sale Parameters. Subject to the terms and conditions set forth in this Section 12, each Designated Representative is hereby authorized to approve the method of sale and the final interest rates, aggregate principal amount, principal maturities, and redemption rights for each series of Bonds in the manner provided hereafter so long as: (1) the aggregate principal (face amount) amount of all Bonds issued from time to time under this ordinance does not exceed $20,000,000; (2) the final maturity date for each series of Bonds is no later than December 1, 2038; (3) the aggregate purchase price for each series of Bonds shall not be less than 98% of the aggregate stated principal amount of such series of Bonds, excluding any original issue discount; and (4) the true interest cost for each series of Bonds (in the aggregate for such series) does not exceed 4.5%. Subject to the terms and conditions set forth in this section, each Designated Representative is hereby authorized to execute the appropriate Sale Document on behalf of the City. The signature of one Designated Representative shall be sufficient to bind the City. Following the execution of a Sale Document, a Designated Representative shall provide a report to the Council describing the final terms of the Bonds sold pursuant to such Sale Document and approved pursuant to the authority delegated in this section. The authority granted to the Designated Representatives by this Section 12 shall expire one year after the effective date of this ordinance. After such date additional Council approval shall be necessary to sell and issue Bonds pursuant to the terms of this ordinance. (f) Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance and execution of the applicable Sale Document for a series of Bonds, the proper officials of the City, including the Designated Representatives and the City Clerk, are authorized and directed to undertake all action necessary for the prompt execution and delivery of such series of Bonds to the purchaser thereof and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of the applicable Sale Document. Such documents may include, but are not limited to, documents related to a municipal bond insurance policy delivered by an insurer to insure the payment when due of the principal of and interest on all or a portion of such series of Bonds as provided therein, if such insurance is determined by a Designated Representative to be in the best interest of the City. Section 13. Preliminary and Final Official Statements. Each Designated Representative is hereby authorized to deem final the preliminary Official Statement relating to a series of Underwritten Bonds for the purposes of the Rule. Each Designated Representative is further authorized to approve for purposes of the Rule, on behalf of the City, the final Official Statement relating to the issuance and sale of such series of Underwritten Bonds and the distribution of such final Official Statement W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs 36 Page 16 of 18 pursuant thereto with such changes, if any, as may be deemed by him or her to be appropriate. Section 14. Undertaking to Provide Ongoing Disclosure. (a) The City covenants to execute and deliver at the time of Closing of any Underwritten Bonds a Continuing Disclosure Certificate. Each Designated Representative is hereby authorized to execute and deliver a Continuing Disclosure Certificate upon the issuance, delivery and sale of any Underwritten Bonds with such terms and provisions as such officer shall deem appropriate and in the best interests of the City. (b) The City may agree to provide the Direct Purchaser certain financial or other information and agree to such additional covenants as determined to be necessary by a Designated Representative and as set forth in the Loan Agreement and approved by a Designated Representative pursuant to Section 12. Section 15. Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds are lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like series, amount, date and tenor to the Registered Owner thereof if the owner pays the expenses and charges of the Bond Registrar and the City in connection therewith and files with the Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his or her ownership thereof, and furnishes the City and the Bond Registrar with indemnity satisfactory to both. Section 16. Severability; Ratification. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. Section 17. Payments Due on Holidays. If an interest and/or principal payment date for a series of Bonds is not a business day, then payment shall be made on the next business day and no interest shall accrue for the intervening period. Section 18. Corrections by City Clerk. Upon approval of the City Attorney and Bond Counsel, the City Clerk is hereby authorized to make necessary corrections to this ordinance, including but not limited to the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; ordinance numbering and section/subsection numbering; and other similar necessary corrections. W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs Page 17 of 18 37 Section 19. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'F aherty, MMC, City Cler4'c Allan Ekberg, Mayor APPROVED AS TO FORM BY: ca Law Group L Filed with the City Clerk: Passed by the City Council: Published: Effective Date: d Counsel Ordinance Number: Attachments: Exhibit A — Form of Bond Exhibit B — Certificate (by City Clerk) W: Word Processing\Ordinances\LTGO Bonds -2018 -PW Shops Facility 11-13-17 PM:bjs 38 Page 18 of 18 Exhibit A Form of Bond [DTC LANGUAGE] [TRANSFER RESTRICTIONS] UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTO CITY OF TUKWILA,- LIMITED TAX GENERAL OBLIG INTEREST RATE: REGISTERED OWNER: PRINCIPAL AMOUNT: CUSIP NO. The City of Tukwila, Washington'( he:."City' ), hereby acknowledges itself to owe and for value received promises to pay t6.. ->the. Registered;, Owner identified above, or registered assigns, on .the Maturity:;;.; Date''``: identified `above, the Principal Amount indicated above and to p.ay>inere terest thereon fromitt e date of delivery, or the most recent date to which interest:has been..-paidor duly; praVided .f..or;.. at the Interest Rate set forth above (the "InterestRate"). Interest on this:_bond shall'a'ccrue from its dated date until paid and shall be computed perannum on tle;:principal amount outstanding on a 30/360 basis. Principal::of and .accrued;itterest on tlis;lbond shall be payable on the dates set forth in the, payment. scheduler attached:: eto The City of Tukwila, Washington (the "City" );.;;hereby acknowledges itself to oweher.'and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount..indicated above and to pay interest thereon from 20 , or themost recent date to which interest has been paid or duly provided for ufilit unlitpayment of; this bond at the Interest Rate set forth above, payable on June 1, 2018, and;;' semiannually thereafter on the first days of each succeeding June and December. Both principals of and interest on this bond are payable in lawful money of the United States ofAm;erica. The fiscal agent of the State of Washington has been appointed by the City as'the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. A-1 39 The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council on , 2017 (the "Bond Ordinance"). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. This bond is one of an authorized issue of bonds;oof like series, date, tenor, rate of interest and date of maturity, except as to numberand amount in the aggregate principal amount of $ and is issued;` pursuant to the Bond Ordinance to provide a portion of the funds necessary (a) to,'pay the''cost of the acquisition of land and construction of City maintenance and other City facilities;; and (b) to pay costs of issuance. [insert description of redemption or prepayment terms] The City has [not] designated the Bonds as "qualified "tax-exempt" obligations" under Section 265(b)(3) of the Code]. ;^ The City has irrevocably covenantedwith the ownerof this bond that it shall include in its annual budget and levy taxes` annually, within and a,,.part of the tax levy permitted to the City without a vote: of the electorate, uup_on all the taxable property in the City without limitation as 'to rdte or amount: a,nd m amounts sufficient, together with other money legally available therefor, to pay 'Op..principal 'of arid interest on this bond when due. The full faith`, s.credit and 'resourcesf the City are irrevocably pledged for the annual levy and collection of such ;taxes andithe prompt payment of such principal and interest. The `p;ledge of tax levies for_;. payment<of principal of and interest on the bonds may be discharged prior tormaturityof the bonds by making provision for the payment thereof on::the terms and'conditioris set forth in the Bond Ordinance. Owners~ofthis bond do;:,not have' a' security interest in particular revenues or assets of the City. Tlis_bond is nota -debt or indebtedness of the State of Washington, or any political subdivision hereof otter than the City. It is hereby certifiedthat All acts, conditions and things required by the Constitution and statutes of the State:of=Washington to exist and to have happened, been done and performed precedent to and in the issuance of this bond exist and have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. A-2 40 IN WITNESS WHEREOF, the City of Tukwila, Washington, has caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of the City to be imprinted, impressed or otherwise reproduced hereon as of this day of , 20 .. [SEAL] ATTEST: Christy O'Flaherty, MMC, City Clerk Date of: : CITY OF TUKWILA, WASHINGTON By IlarEkberg, Mayor [FOR.UNDERWR;ITTEN BON -DS] RTIF:ICATE OF AUTHENTICATION entication: is bond is one�of::the bonds described in the within -mentioned Bond Ordinance and is one of the Limited` Tax General. Obligation Bonds, [ ], of the City of Tukwila, Washingtondated , 2018. A-3 WASHINGTON STATE FISCAL AGENT, as Bond Registrar By 41 [FOR DIRECT PURCHASE BONDS] REGISTRATION CERTIFICATE This bond is registered in the name of the Registered Owner on the books of the City, in the office of the Finance Director of the City (the "Bond Registrar"), as to both principal and interest, as noted in the registration blank below. All payments of principal of and interest on this bond shall be made by the City as provided in the Bond Ordinance. Date of Registration , 2018 Princi schedule::: Name and Address o Registered Owne Signature of Bond Registrar Finance Director PAYMENT. SCHEDULE ondshall'-be:. payable as set forth in the following A-4 42 Interest Total Payment Exhibit B CERTIFICATE I, the undersigned, City Clerk of the City Council of the City of Tukwila, Washington (the "City"), DO HEREBY CERTIFY: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on , 2017 as that ordinance appears in the minute book of the City; and the Ordinance will be in full force and effect five (5) days after its passage and publication as provided by law; and 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been fully fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. 3. That Ordinance No. has not been amended, supplemented or rescinded since its passage and is in full force and effect and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2017. CITY OF TUKWILA, WASHINGTON Christy O'Flaherty, MMC, City Clerk 43 44 COUNCIL AGENDA SYNOPSIS Initials Meeting Date ITEM Prepared iiy Ma 'or'e review Council review 12/04/17 MB<l, e__ y. Di - CATEGORY -1 Discussion 12/4/17 I1 Motion Date 12/4/17 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date /1 Public Hearing ❑ Other Mtg Date Mtg Date Mtg Mtg Date 12/4/17 ITEM INFORMATION ITEM No. 4 & 5.A. 45 S'I': i:i: SPONSOR: ORIGINAL AGENDA DATE: 12/4/17 AGENDA ITI?NI TITLE Final Plat Approval for Tukwila South - Quasi -Judicial CATEGORY -1 Discussion 12/4/17 I1 Motion Date 12/4/17 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date /1 Public Hearing ❑ Other Mtg Date Mtg Date Mtg Mtg Date 12/4/17 SPONSOR ❑Council ❑Mayor DCD Finance Fire TS P&R Police ❑PIF Court HR II SPONSOR'S MOTION TO APPROVE THE TUKWILA SOUTH FINAL PLAT — PHASE ONE, CREATING A NEW SUMMARY LOT LAYOUT AND PHASING PLAN FOR PARCELS WITHIN THE TUKWILA SOUTH DEVELOPMENT, LOCATED GENERALLY IN THE AREA BOUNDED BY S. 180TH ST TO THE NORTH, S. 204TH ST TO THE SOUTH, THE GREEN RIVER TO THE EAST AND ORILLIA ROAD AND I-5 TO THE WEST AS ADOPTED BY AND SET FORTH IN THE FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION CONTAINED IN THE STAFF REPORT. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: SPONsoR/ADMIN. Cc MMrrrEE Department of Community Development N/A - Quasi -Judicial COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/4/17 Staff report and associated attachments *Council members please see binders attached to the packet* PowerPoint iresentati on 45 46 City of Tukwila Allan Ekberg, Mayor Department of Community Development — Jack Pace, Director STAFF REPORT TO THE CITY COUNCIL DEPARTMENT OF COMMUNITY DEVELOPMENT Prepared November 28, 2017 HEARING DATE: December 4th, 2017 STAFF CONTACT: Max Baker, Assistant Planner NOTIFICATION: Preliminary Approval Notice of Application posted on site and mailed to surrounding properties and agencies with jurisdiction on July 26, 2017. Preliminary Approval Notice of Hearing posted on site and mailed to surrounding properties on August 15, 2017. Combined Notice of Application, Informational Meeting, and Public Hearing posted on site and mailed to surrounding properties and agencies with jurisdiction October 23, 2017. Notice published in Seattle Times on November 20, 2017. FILE NUMBERS: L17-0068 Final Subdivision ASSOCIATED FILES: L17-0031 Preliminary Subdivision E12-008 SEPA L12-027 Preliminary Subdivision (Expired) L12-028 Special Permission — Sensitive Areas L10-014 Sensitive Areas Master Plan (SAMP) L10-025 Shoreline Substantial Development Permit Final Environmental Impact Statement, July 2005 Grading Permits APPLICANT: Segale Properties, LLC REQU EST: LOCATION: Request for Final Subdivision approval for Phase I of the Tukwila South Project. The first phase includes creation of 14 "Future Development Tracts," two "Open - Space Tracts," two "Regional Detention Tracts," five "Sensitive Area Tracts," and one "Non -Buildable Tract." This project originally received subdivision preliminary approval in October 2017 from the Hearing Examiner. Tukwila South. The area is generally bounded by S 180th St. to the north; S. 204th St. to the south; the Green River to the east; and Orillia Road and Interstate 5 to the west. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 47 Staff Report 11/28/2017 Page 2 COMPREHENSIVE PLAN DESIGNATION/ ZONING DISTRICTS: Tukwila South Overlay District with underlying designation of Tukwila Valley South, Low Density Residential, and Mixed Use Office. SEPA COMPLIANCE: Determination of Significance (DS) Final Environmental Impact Statement issued in 2005. PUBLIC COMMENTS: No public comments were received during the Notice of Application for the Final Subdivision application. A public meeting was held regarding the project site on November 7, 2017, pursuant to TMC 18.108.050(A). Four individuals were in attendance, with relevant comments summarized as follows: 1) Bruce Mitchell of Mitchell Moving and Storage Company at 18800 Southcenter Parkway requested information regarding the vacation of 57th Ave S to the City of Tukwila by Segale Properties; expressed concerns about the ongoing flooding of loading docks at Mitchell Moving during rain events; and requested information about any proposed riverfront/levee projects. Mr. Mitchell was provided with ordinances and information regarding the vacation of 57th Ave S. Ryan Larson, City of Tukwila Surface Water Senior Program Manager will follow up with Mr. Mitchell regarding the flooding issue and riverfront/levee projects. 2) Francis Gaspay of King County's Solid Waste Division requested and was provided with more information for proposed tracts near the Bow Lake Transfer Station. 3) Two additional members of the public were in attendance who did not have any specific comments. RECOMMENDATIONS: Staff recommends approval of the Final Subdivision application. ATTACHMENTS: A. Applicant's request and response to approval criteria B. Notice of Decision and the Hearing Examiner's decision dated October 11, 2017 approving Preliminary Plat approval on October 9, 2017 C. Copies of the Final Plat Survey prepared by Segale Properties, LLC dated 10/10/2017 D. Copies of the Phasing Plan prepared by Segale Properties, LLC dated 9/27/2017 E. Copies of Declaration of Covenants, Conditions, Restrictions and Easements received 10/11/2017 F. Consistency with Applicable State Subdivision Requirements (RCW 58.17) Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 48 Staff Report 11/28/2017 Page 3 FINDINGS I. PROJECT DESCRIPTION SITE DESCRIPTION The final subdivision application is for phase 1 of the proposed subdivision known as the Tukwila South Project. The site of the Tukwila South Project lies within the City of Tukwila's Tukwila South ("Property") planning area, which extends from S 180th St in the City of Tukwila to S 204th St. The site is generally bounded by S 178th/S 180th St on the north; S 204th St on the south; Orillia Rd and Interstate 5 on the west; and the Green River on the east. The site is proximate to SeaTac International Airport and the regional transportation infrastructure network (1-5, 1-405, and SR167). The entire Tukwila South area is largely under single ownership by Segale Properties, LLC. The Tukwila South area contains several zoning designations, which include: Low Density Residential (LDR); Tukwila Valley South (TVS); Heavy Industrial (HI); and Mixed Use Office (MUO). The area subject to this plat is zoned LDR, TVS, and MUO. The entire Tukwila South area includes an overlay, the Tukwila South Overlay ("TSO"), which supersedes the underlying zoning. As indicated in TMC 18.41.010, the TSO "may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan." SEPA Review and Sensitive Areas Master Plan In 2005, the City of Tukwila issued a Final Environmental Impact Statement ("FEIS") under SEPA for the Tukwila South Project. The Tukwila South FEIS analyzed the potential impacts associated with the Tukwila South Project (including re -development of the former Segale Business Park, which is not included in the plat), assuming full build -out of 10.3 million square feet of various uses. As the City has already completed environmental review for the Tukwila South Project, and this plat fits within the envelope of the prior FEIS, no additional SEPA review is required for the plat. Subsequent addendums were issued to the original FEIS for work associated with extending a utility line through a sensitive area. The FEIS included a Transportation Impact Analysis ("TIA"). The TIA analysis assumed at full build out of the project, it would generate a maximum of 10,144 net new PM Peak hour trips. The City of Tukwila determined that transportation impacts would be adequately mitigated by applying certain conditions to the proposal for traffic mitigation. Development Agreement In 2009, the City and the Applicant entered into a development agreement for the Project ("Development Agreement"). The Development Agreement indicates that the Applicant intends to develop the Property consistent with the Tukwila South Master Plan ("Master Plan"). The Master Plan envisions the creation of a major new employment and housing base on the Property. The Master Plan calls for approximately ten million square feet of development. The Project includes the extension of Southcenter Parkway in an alignment along the west edge of the valley floor to function as the major transportation arterial through the Property. The Project will also contain an integrated, internal circulation system of streets, sidewalks and pedestrian connections. Any permits or approvals issued by the City must be consistent with the Development Agreement. Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 49 Staff Report 11/28/2017 Page 4 The Applicant has completed, and the City has approved, a Sensitive Areas Master Plan ("SAMP"). The SAMP is an area -wide plan for alteration and mitigation of sensitive areas including water quality, fish and wildlife habitat and hydrology. The sensitive areas and their corresponding buffers identified as "Native Growth Protection Areas" will be permanently protected by restrictive covenants. The Native Growth Protection Areas, wetlands, and watercourses are identified as Sensitive Area Tracts on the plat. Preliminary Subdivision Permit Review History Subdivision of land in the City is governed under TMC Title 17 and Title 18, as well as Revised Code of Washington (RCW) 58.17. On August 27, 2012, Segale Properties, LLC submitted an initial preliminary plat application (Project #PL12-026, File #L17-027) for Tukwila South to the City of Tukwila. On September 19, 2013, a Notice of Decision approving the proposal was issued. Segale Properties LLC sought to process a modification to the September 19, 201,3 preliminary plat approval in order to remove certain lands from the Project and update other details. The City of Tukwila does not have a process for modifying a previously approved preliminary plat, thus Segale Properties applied for a new preliminary plat on June 9, 2017 (File #L17-0031). The new preliminary plat application was deemed complete on July 18, 2017. On July 26, 2017, pursuant to TMC 18.104.090, a Notice of Application was distributed to tenants, adjacent property owners, and potentially impacted agencies. The site was also posted with two public notice boards. On September 19, 2017, a public hearing was conducted by the Hearing Examiner at the City of Tukwila Department of Community Development (DCD), 6300 Southcenter Blvd. On October 11, 2017, a Notice of Decision approving the preliminary plat application with conditions was issued. Phasing Fifteen phases are proposed for the Project. Per TMC 17.14.040, the subdivider may develop and record the subdivision in phases, with the City Council having sole discretion to permit phasing at the time the final plat for the first phase is submitted for approval. At this time, Segale is seeking final plat approval only for Phase I . Phase 1 will create lots 1, 2, and 3, along with five Sensitive Area Tracts, two Regional Detention Tracts, and 14 Future Development Tracts. See next section for tract definitions. Phasing will likely be dictated by market conditions. The applicant may choose not to pursue the plat in phases or may request that the City approve the plat in more or less than 15 phases. Sale or transfer of individual unit lots may not occur until the final plat creating the underlying lots is recorded. Related Land Use Permits This Project has involved several land use decisions, including a Comprehensive Plan Amendment, Development Agreement, SEPA environmental review, Shoreline Substantial Development Permit and preliminary plat approval. Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 50 Staff Report 11/28/2017 Page 5 II. VICINITY/SITE DESCRIPTION Site Description The site is generally bounded by S 178th/S 180th Street on the north; S 204th Street on the south; Orillia Road and Interstate -5 on the west; and the Green River on the east. Phase 1 of the project will create Lot 1 along Segale Park Drive C, and Lots 2 and 3 along Southcenter Parkway. Existing Development The majority of Tukwila South is undeveloped. The two Regional Detention Tracts to be created contain regional storm water detention ponds that have been completed under Public Works permit PW10-064. Proposed Lots 2 and 3 would contain an existing commercial building that houses the Seattle Tractor Parts and Equipment Company. Tukwila South (Yellow) Phone: 206-4334800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 51 Staff Report 11/28/2017 Page 6 Surrounding Land Uses Interstate 5 and Orillia Rd S run along the western portion of Tukwila South. The King County Bow Lake Transfer Station is located off Orillia Rd S, near the center of the Tukwila South project area. The southern portion of the project area borders the City of Kent along S. 204th St., with small-scale agricultural uses located to the south across S. 204th St. To the east, Tukwila South borders the Green River, with commercial and industrial uses located across the river in the City of Kent. The north eastern boundaries of Tukwila South border the Seattle South Business Park, a business and industrial complex sold by Segale Properties to Clarion Partners in 2015. �.� �arf'F'3, �" S�4 r. Mir • WA:i1 ; silt f•!�w}E7rfll1a'4 Al.i&r 1M11 B lerh l -'-;7, C ?111, [1,•1 wII w� W :lit! 1iiIMI R•2 i I I e "^•Av e,'S =51st Ave.S <12n ci Ave S 2,11b Ave S Tukwila South (yellow) within greater Tukwila (red outline) Topography Topography through much of the Tukwila South area along Southcenter Parkway is relatively flat. The western portion of the project area contains steep hills containing Class 2 and Class 3 slopes; much of this area is proposed to be located within Sensitive Area Tracts 1, 2, and 3. Access Southcenter Parkway provides connection to Interstate 405 to the north and connection to the Interstate 5 (via Klickitat Dr. to the north). Southcenter Parkway through Tukwila South was constructed and deeded to the City of Tukwila to replace the smaller Frager Rd. in order to mitigate future trip generation created by development in Tukwila South. Southcenter Parkway was designed and constructed with a limited number of road stubs for future east -west connections to serve future development within Tukwila South. A primary consideration in the lot layout for this preliminary plat was the connections to Southcenter Parkway. Specific site layout designs to accommodate vehicular circulation within each new lot will be determined during future land use permit processes or as part of construction permit review processes. Additional roads that serve this area include S 200th Street, S 204th St, Orillia Road and newly constructed S 178th St/S 184th Pl. Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 52 Staff Report 11/28/2017 Page 7 Subdivision Design The property is proposed to be initially split into 14 "Future Development Tracts", two "Open -Space Tracts", two "Regional Detention Tracts", five "Sensitive Area Tracts", two "Lots", and one "Non- Buildable Tract." These designations are explained in more detail below. The larger lots are intended for use by large scale campus -style development for regional employers. The smaller lots will allow for street level retail uses to serve the office/campus and residential uses. "Non -Buildable Tracts" or "NBTs" are lands that are not suitable for development due to unavailability of utilities and/or access. Such tracts are reserved by Segale Properties LLC, its successors and assigns for future development, provided that no development shall occur nor will the City of Tukwila issue any type of development permits until: A) The property owner is granted approval by the City of Tukwila to remove the Non -Buildable Tract status by going through a plat alteration process pursuant to RCW 58.17.215; and B) utilities and access that meet the City of Tukwila's adopted standards are provided to these tracts. The City of Tukwila makes no warranties, representations, or guarantees that a future subdivision, short plat or plat alteration adjustment application will be approved. Any future subdivision, short plat, or plat alteration adjustment shall comply with the Development Agreement, if applicable, and/or code provisions and other laws in effect at the time of submission of a complete land use application. "Future Development Tracts" are lands that include one or more future lots and/or NBTs, which lots and tracts will be finalized and recorded with later phases of the final plat. "Regional Detention Tracts" are lands that contain a regional detention pond. "Sensitive Area Tracts" are lands that primarily contain sensitive areas as identified in the Sensitive Area Master Plan (SAMP). There are also several sensitive area tracts in the subdivision. The boundaries of these tracts correspond with the boundaries of the Native Growth Protection Areas outlined in the approved SAMP. "Open -Space Tracts" are areas not suitable for development. Open space tracts will be owned and maintained by Segale Properties LLC and may be conveyed to an owner's association in the future. Construction of pavement and other structures shall be prohibited on open space tracts, provided that limited development of trails and/or other recreational facilities, consistent with applicable codes, laws and regulations, shall be allowed. The Tukwila South Overlay District does not specify a minimum lot area. TMC 17.14.020 (D)(5) does state that the "design, shape, and orientation of the proposed lots [be] appropriate [for] the proposed use in which the lots are intended." The Tukwila Valley Overlay allows for a wide range of uses, from single family homes to office buildings. The proposed lot areas seem appropriate for the wide range of uses envisioned in the Master Plan and Development Agreement. All existing structures will meet setbacks for all new proposed lot lines. Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 53 Staff Report 11/28/2017 Page 8 III. SUBDIVISION REVIEW PROCESS Preliminary Approval Any land being divided into ten or more lots, unit lots, or tracts is subject to subdivision review. Subdivisions require preliminary plat approval by the Hearing Examiner. After preliminary plat approval, access and utilities for the project are built and the applicant demonstrates how other conditions of the preliminary plat approval have been met in preparation for the final plat approval. In this case, much of the work for Phase 1 of the final plat was completed before application for the preliminary plat under separate public works and land use permits (see associated permits). Final Approval The decision on a final plat is made by the City Council following a public hearing. The City Council adopts findings of fact based on a review of the project's conformance with TMC 17.14 (Detailed Procedures for Subdivisions) and Washington State subdivision regulations (RCW 58.17). The Mayor and City Clerk sign the final plat after City Council approval, after which the applicant records the final plat with the King County Recorder's Office. Below is a summary of the steps required in the final plat approval process for a subdivision, including application requirements, review procedures, and decision criteria. After the discussion of project consistency with decision criteria, information and criteria for approval of project phasing is included. IV. PROJECT CONSISTENCY WITH TUKWILA MUNICIPAL CODE (TMC) 17.14.030 A. TMC 17.14.030 (A) APPLICATION: The following table includes a list of items required to be submitted for a complete application for final plat approval. Item Submitted 1. Completed Application Form and fee as identified in TMC Chapter 18.88. X 2. Completed Application Checklist. X 3. Copies and one original of the final plat survey in conformance with the standards set forth in TMC 17.04.060. X (Attachment C) 4. A plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45 calendar days prior to the date of filing the application for final plat approval. X 5. Private covenants intended to be recorded with the plat. X 6. Any documentation necessary to demonstrate conditions of preliminary plat approval have been met. X 7. King County Assessor's maps which shows the X Phone: 206-4334800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 54 Staff Report 11/28/2017 Page 9 location of each property within 500 feet of the subdivision; two sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subdivision. 8. Maintenance agreements, easements and other documents ready for recording. X 9. Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat, the King County Treasurer, Seattle -King County Health Department, City of Tukwila Finance Director, Owner's affidavit and certificate of dedication as identified in TMC 17.04.060(1). X — Signature from the Seattle -King County Health Department not required since project does not include a septic system. B. TMC 17.14.030 (B). FINAL PLAT REVIEW PROCEDURES: Applications for final plat approval shall be processed as a Type 5 decision subject to the provisions of TMC 18.108.050. Below each procedure listed in italics is a description of facts related to review of this application. 1. Referral to Other Departments and Agencies - The Department of Community Development shall distribute the final plat to all departments and agencies receiving the preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. The final plat was distributed for review to the Fire Department, the Public Works Department, and the Building and Planning divisions within the Department of Community Development. The Finance Department provided information to ensure outstanding balances owed to the City were paid in preparation for final subdivision plat approval for Phase I. 2. Departmental Approval - The Public Works Department and other interested departments and agencies shall review the final plat and submit to the Department of Community Development written comments with respect to the final plat decision criteria. If the final plat is in order, the Public Works Director shall sign the appropriate certificates on the mylar original. The Fire Department, Public Works Department, and the Building and Planning Divisions reviewed the final plat, including at least three rounds of corrections to the plat and associated documents. All corrections were addressed during these reviews, and all departments to which the application was routed indicated approval of the project by signing a memorandum to this effect. The Public Works Director has signed Sheet 1 of 23 of the plat. Notice of Application was also provided to Highline Water District, Puget Sound Energy, and the neighboring cities of SeaTac and Kent. a. Before the final plat is submitted to the City Council, it shall be signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of the Department of Community Development. Upon approval by the City Council, it shall be signed by the Mayor and attested by the City Clerk. Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 55 Staff Report 11/28/2017 Page 10 Sheet 1 of the subdivision plat has been signed by the Tukwila Finance Director, Director of Public Works, and the Director of the Department of Community Development. b. The applicant shall file the final plat with the Department of Records and Elections. The plat will be considered complete when a copy of the recorded documents is returned to the Department of Community Development. Upon City Council approval of the final subdivision plat for Phase I and signature of the plat map by the Mayor and City Clerk, the applicant will file the final plat with the Department of Records and Elections. A copy of the recorded plat for Phase I will need to be returned to DCD in order to close out the permit in the City's permit tracking system. C. TMC 17.14.030 (C). CRITERIA FOR FINAL PLAT APPROVAL: In approving the final plat, the City Council shall find the project meets the criteria contained in TMC 17.14.030, C. Each of the criteria are included below, followed by a discussion of project consistency. 1. That the proposed final plat bears the required certificates and statements of approval. The final plat has been reviewed for conformance with the survey content requirements of TMC 17.04.060 and the state requirements of Washington Administrative Code (WAC) section 332-130-050 (survey map requirements). Certificates for the Recorder, Land Surveyor, Tukwila Treasurer (Finance Director), and King County Treasurer are all located on Sheet 1 of 23 of the final plat. Signature blocks for the owner, Public Works Director, DCD Director, Mayor, and City Clerk are also located on Sheet 1 of 23. The project does not include any future dedications of property to the City. Easement and maintenance agreements have either been recorded as indicated on Sheets 2-23 of the final plat, or will be recorded with and as part of the final plat. Easements to be recorded with the final plat are described on Sheet 23 of 23 of the attached final plat survey. The applicant has submitted the Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Tukwila South, which are referenced on the plat with spaces to be filled in with the recording number assigned to the CC&Rs. 2. That a title insurance report furnished by the subdivider confirms the title of the land, and the proposed subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. The title insurance report provided with the Final Plat application confirms that title to the land is held by Segale Properties LLC, the owner, whose signature appears on the plat. 3. That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030. The first phase of the Final Plat will create Lots 1, 2, and 3, together with fourteen Future Development Tracts, two Open Space Tracts, two Regional Detention Tracts, five Sensitive Area Tracts, and one Non - Buildable Tract. All facilities and infrastructure to serve Lots 1, 2 and 3 have been completed; each new lot is accessed via an existing road, and each has water, sewer, stormwater and all dry utilities (e.g., power and cable) stubbed to each Lot. This Phase 1 Final Plat meets the criterion. As subsequent phases are recorded Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 56 Staff Report 11/28/2017 Page 11 to subdivide the Future Development Tracts into additional lots, new facilities and improvements will be assured to each of those new lots. Future phases will require a separate final plat approval. 4. That the plat is certified as accurate by the land surveyor responsible for the plat. Sheet 1 of 23 includes the Land Surveyor's Certificate stating that the information shown on the plat is correct. Each sheet of the plat includes the surveyor's stamp and signature. 5. That the plat is in conformance with the approved preliminary plat. In the table below, the conditions of approval applicable to Phase I of the plat are listed on the left column. Condition Notes on Conformance Pursuant to RCW 58.17 .170, the Applicant shall comply with all local, state, and federal rules and regulations in effect on June 8th, 2009, the vesting date of the subject application. However, if the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision, future development may be subject to updated codes, including, but not limited to the International Building Code and the International Fire Code, as amended. Phase 1 conforms. Future final plats will be subject to condition at time of final plat approval for that phase. The plat configuration shall be developed in substantial conformance with the development plan set prepared by Segale Properties dated June 7, 2017 and subject to applicable conditions of approval specified by the Hearing Examiner. Conforms. The Applicant or subsequent owner(s) shall comply with the payment of transportation impact fees in accordance with TMC Chapter 9. Processed with development permit. Prior to final approval, adequate provisions shall be made to ensure that all necessary utilities and infrastructure is in place to serve the proposed lots of the plat. Conforms. Lots 1, 2, and 3 are all served by necessary utilities and infrastructure. In order to meet the requirements of TMC 17.14.020 (0)(3) the Applicant shall fully comply with section 4.5 of the Development Agreement (Parks and Open Space) between the City of Tukwila and Segale Properties LLC with respect to submission of a plan for trails and bike/pedestrian connections within Tukwila South, including in subdivision area. A trail easement (AFN 20150716000578) along the river has been recorded as seen on sheets 7, 10, 11, 12, 16, 17. Applicant was provided with an extension to December 31, 2019 from the City for developing a bike infrastructure connection plan to create eight required connections within Tukwila South. Lots 1, 2, and 3 are not affected by the bike connection plan. In lieu of the two proposed streets being dedicated to the public and in consideration of the City waiving the provision of 4.2.5.6.3 of the Infrastructure Design and No new infrastructure proposed for Lots 1, 2, and 3 as the current infrastructure and utilities adequately serve these lots. Future lots will Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 57 Staff Report 11/28/2017 Page 12 Construction Standards, the Applicant shall construct the private roads to meet City standards, including, but not limited to street lighting, drainage, and pavement thickness. conform to these standards and review will occur as part of future final plat approval process. Prior to final approval, the Applicant shall install all public works infrastructure, including construction of the private roads. All construction shall meet applicable Tukwila Municipal Code sections and the City's Infrastructure Design and construction standards (with the exception of 4.2.5.6.3). No infrastructure proposed for Lots 1, 2, and 3. Future lots will conform to these standards. As part of the final plat application, the Applicant shall provide the necessary documentation outlined in Section 4.1.B of the City's Infrastructure Design and Construction Standards regarding the private streets in the plat. No infrastructure proposed for Lots 1, 2, and 3. Future lots will conform to these standards. All easements, including, but not limited to open space, pedestrian, and access (with corresponding recording numbers) shall be noted on the final plat documents. Conforms. • 20' Ingress/Egress Esmt. Rec. No. 7701050685 (Sheet 5) • 30' Levee Easement Rec. No's 6182821 and 9108210299 (Sheet 10, 11, 16) • 40' x 40' Access Easement (Sheet 6, 12, 14, 18, 19) • 60' Private Road& Utility Easement Rec. No. 20151201001414 (Sheets 6, 7) • 66' x 40' Access Easement (Sheet 12) • Aerial Communication & Pole Esmt. Rec. No. 8606040808 (Sheet 5) • Cul De Sac Easement Rec. No. 9705231406 • Floodway Easement A.F.N. 9705231407 (Sheet 17) • Levee Easement Rec. No. 9109051216 (Sheet 12) • Native Growth Protection Easement A.F.N. 20130104000276 (Sheets 18, 19) • P.S.E. Esmt. Rec. No. 8610130422 (Sheet 5) • Ped Trail Easement Rec. No. 20150716000578 (Sheets 7, 10, 11, 12, 16, 17) • R.O.W. Rec. No. 20150716000577 (Sheet 7) • River Levee Easement A.F.N. 910905217 (Sheet 12) • River Protection Easement A.F.N. 20150616000300 (Sheet 10, 11, 16. 17) • River Protection Easement A.F.N. 5113279 (Sheet 7, 11) Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 58 Staff Report 11/28/2017 Page 13 6. That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval. The proposed final plat for Phase I meets all applicable requirements of Chapter 58.17 RCW. Detailed discussion and consistency criteria of applicable RCWs is included as Attachment F. D. TMC 17.14.040 PHASING The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where offsite improvements are being made. Proposed project phasing consists of fifteen phases which include all land contained within the preliminary plat. Sheet 1 of 3 of the Final Plat Phase Map shows how the entire area of Tukwila South will be organized into either Lots 1, 2, or 3, Regional Detention Tracts, Future Development Tracts, Sensitive Area Tracts, or Non -Buildable Tracts. 2. The sequence and timing of development is identified on a map. Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 59 • River Protection Easement A.F.N. 910905218 (Sheet 12) • Wetland Agreement and Covenant Area A.F.N.'s 20151106000557 & 20151012000082 (Sheet 7) Street names for the private streets shall be mutually agreed upon by the City and the Applicant. Once street names have been agreed upon, the Applicant shall be responsible for installing street signs in conformance with the City's adopted standards. Documentation confirming the private street names and signage will be provided at the time that a final plat phase is proposed to create lots within Future Development Tract 5 or Future Development Tract 7. Preliminary plat approval for subdivision shall be null and void unless a complete application for final plat meeting all requirements of this chapter is submitted for approval within five years of the date of preliminary plat approval. The hearing body of the preliminary approval may approve one extension not to exceed one year or as amended within TMC Title 17. Conforms. Future final plats will need to be approved within five years of the date of preliminary approval, which is by October 9, 2022. Any final plat phase that includes a Non -Buildable Tract or Future Development Tract must also include notes describing the nature of those tracts. Conforms. 6. That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval. The proposed final plat for Phase I meets all applicable requirements of Chapter 58.17 RCW. Detailed discussion and consistency criteria of applicable RCWs is included as Attachment F. D. TMC 17.14.040 PHASING The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where offsite improvements are being made. Proposed project phasing consists of fifteen phases which include all land contained within the preliminary plat. Sheet 1 of 3 of the Final Plat Phase Map shows how the entire area of Tukwila South will be organized into either Lots 1, 2, or 3, Regional Detention Tracts, Future Development Tracts, Sensitive Area Tracts, or Non -Buildable Tracts. 2. The sequence and timing of development is identified on a map. Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 59 Staff Report 11/28/2017 Page 14 The Phasing plan shows Phase 1 includes 3 final platted lots, all of the Sensitive Area Tracts, all of the Regional Detention Tracts, and all Open Space Tracts, plus 14 Future Development Tracts. Future Phases, numbered Phases 2 through 15, will bring to final plats lots within each Future Development Tract. The sequence and timing for final plat applications for future phases of the development will be driven by market conditions. Segale has explained to City Staff that they expect multiple Future Development Tracts to be brought to final platted lots at the same time, meaning that multiple phases are expected to combined so that there are far fewer than 15 total final plat applications. N31 Tor PNrvATE s'UAS ACCESS I TACT 1 aN OPEN SPACE TRACT 2 ., rCPEN SPACE TRACT 1 PHASE 9 FDTj ---- 3 TERST DENOTES FINAL FLAT PHASE ONE COuMON AREAS DENOTES ANAL PLAT PHASE 1. LOT 1 DENOTES FINAL PLAT PHASE 1, LOIS 1 AND 3 DENOTES ANAL PLAT PHASE 1 FUTURE DE1ELOPUENT TRACTS PHASE 1 DENOTES FINAL PLAT PHASE 1 Nut, NON -BUILDABLE TRACT 1 PDT -T4 -Lr- _ FOT-13-1 T n fi 1 No -2 SAT -5 O= Tukwila South Proposed Phase 1 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. Phase I is comprised of the entire area approved under Preliminary Approval. It will establish a contiguous group lots; sensitive area tracts; future development tracts; and regional detention tracts. Each additional phase also includes contiguous groups of lots that will meet all pertinent development standards. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. Plans have been reviewed by the Public Works, Fire, Building, and Planning departments to ensure adequate utilities are included to serve the development proposed as part of Phase I. Sewer, water, and storm drainage infrastructure is adequate to serve Phase I, and is designed so that it can be extended into all other phases of Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 60 Staff Report 11/28/2017 Page 15 the project. The facilities and improvements, including all necessary utilities and infrastructure, are in place to serve Lots 1, 2, and 3, meaning that appropriate provisions have been made and this Phase 1 Final Plat meets the required criteria. The phasing plan proposes to provide adequate circulation and utilities, and confirmation that other public works infrastructure required to serve other lots, including the two private roads, will be made at the time that future phases of the final plat are proposed to create lots within one or more Future Development Tracts. 5. All phases shall be recorded within the five-year life of the preliminary plat, unless an extension is granted. All phases shall be recorded within five years unless the applicant applies and receives approval for an extension as allowed under Tukwila Municipal Code. CONCLUSIONS 1. The applicant, Segale Properties LLC, is requesting final plat approval for Phase I of the Tukwila South plat. The City Council shall hold a hearing for Phase 1 of the project and subsequently make a decision of Phase 1. Additional phase approvals are not requested at this time and will require a separate final plat approval. 2. Any land being divided into ten or more lots, unit lots or tracts is subject to subdivision review. Subdivisions require preliminary plat approval by the Hearing Examiner. After preliminary plat approval, access and utilities for the project are built prior to final plat approval. The decision of the final plat is made by the City Council. The Hearing Examiner Review approved the preliminary plat and design review on October 9th, 2017. 3. The Tukwila South area contains several zoning designations, which include: Low Density Residential (LDR); Tukwila Valley South (TVS); Heavy Industrial (HI); and Mixed Use Office (MUO). The area subject to this plat is zoned LDR, TVS, and MUO. The entire Tukwila South area includes an overlay which supersedes the underlying zoning. As indicated in TMC 18.41.010, the TSO "may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan." 4. The project site is generally bounded by S 180th St. to the north; S. 204th St. to the south; the Green River to the east; and Orillia Road and Interstate 5 to the west. Phase 1 will create lots 1, 2, and 3, along with five Sensitive Area Tracts, two Regional Detention Tracts, and 14 Future Development Tracts. 5. Lots 1, 2, and 3 are provided with utilities and adequate access infrastructure. Future Development Tracts will be provided with access at time of final plat for those tracts; utilities are currently capped for each proposed Future Development Tract. 6. Phase 1 is designed so that it can function and meet all Tukwila Municipal Code requirements. Future phases will be reviewed subsequently. 7. The proposed final plat meets Tukwila Municipal Code requirements for final plats, as specifically noted below: a) TMC 17.14.030 A. Application Requirements b) TMC 17.14.030 B. Review Procedures c) TMC 17.14.030 C. Criteria for Final Plat: a) The proposed plat bears the required certificates and statements of approval. ii) A title insurance report furnished by the subdivider confirms the title of the land and the proposed subdivision is vested in the name of the owner(s) whose signature appears on the plat certificate. Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 61 Staff Report 11/28/2017 Page 16 iii) Facilities and improvements required to be provided by the subdivider have been completed for Phase 1. iv) Land surveyor has signed the plat. v) The plat is in conformance with the approved preliminary plat. vi) The plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary approval. 8. The proposed plat complies with the phasing requirements listed under TMC 17.14.040. 9. All infrastructure required as part of the preliminary approval for Phase 1 has been constructed and reviewed and accepted by the City's Public Works, Fire and Department of Community Development. The City's Finance Department has confirmed that no assessments are delinquent. RECOMMENDATIONS Approval of the Final Subdivision application for Phase 1 of the Tukwila South Project and approval of the phasing plan. Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 62 Attachment A Final Plat Review Criteria Application Checklist #11 The Phase 1 Final Plat is consistent with all decision criteria found in TMC 17.14.030.C. Each criterion is stated below, in italics, followed by a demonstration of how each criterion is met. TMC 17,14.030.C. CRITERIA FOR FINAL PLAT APPROVAL: In approving the final plat, the City Council shall find: 1. That the proposed final plat bears the required certificates and statements of approval. Sheet 1 of the Final Plat bears a certificate from the surveyor that prepared the plat, and Sheet 1 of the Final Plat bears the signature approval lines for the King County Treasurer, Seattle -King County Health Department, City of Tukwila Finance Director, City of Tukwila Director of Public Works, and the City of Tukwila Director of the Department of Community Development, and for the City of Tukwila Mayor, as well as the Owner's affidavit and certificate of dedication. This Phase 1 Final Plat meets the required criterion. TMC 17.14.030. C.2. That a title insurance report furnished by the subdivider confirms the title of the land, and the proposed subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. The title insurance report provided with the Final Plat application confirms that title to the land is held by Segale Properties LLC, which is the name of the owner, whose signature appears on the plat. This Phase 1 Final Plat meets the required criterion. TMC 17.14.030.C.3. That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030. The first phase of the Final Plat will create Lots 1, 2, and 3, together with fourteen Future Development Tracts, two Open Space Tracts, two Regional Detention Tracts, five Sensitive Area Tracts, and one Non -Buildable Tract. All facilities and infrastructure needed to serve Lots 1, 2 and 3 have been completed; each new lot is accessed via an existing road, and each has water, sewer, stormwater and all dry utilities (e.g., power, and cable) stubbed to each Lot. This Phase 1 Final Plat meets the required criterion. As subsequent phases are recorded to subdivide the Future Development Tracts into additional lots, new facilities and improvements will be assured to each of those new lots. TMC 17.14.030.C.4. That the plat is certified as accurate by the land surveyor responsible for the plat. -.•.. --.. �� Yom+ OCT 1 1 2011 l _4 tii 'tt 63 Sheet 1 of the Final Plat bears a certificate from the surveyor that prepared the plat. This Phase 1 Final Plat meets the required criterion. TMC 17.14.030. C. 5. That the plat is in conformance with the approved preliminary plat. The Phase 1 Final Plat is in conformance with the approved preliminary plat. The Preliminary Plat approval was made on October 9, 2017, subject to the following conditions, each of which is met by the Final Plat. Each Preliminary Plat condition of approval is stated below, in italics, followed by a demonstration of how each condition is met. 1. Pursuant to RCW 58.17.170, the Applicant shalkcomply with all local, state, and federal rules and regulations in effect on June 8th, 2009, the vesting date of the subject application. However, if the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision, future development may be subject to updated codes, including, but not limited to the International Building Code and the International Fire Code, as amended. The Final Plat was developed in compliance with all local, state and federal rules, including extensive permitting and mitigation work associated with the Green River and wetlands. This Phase 1 Final Plat meets the required condition. 2. The plat configuration shall be developed in substantial conformance with the development plan set prepared by Segale Properties dated June 7, 2017 (Attachment A) and subject to applicable conditions of approval specified by the Hearing Examiner. The Final Plat configuration is in substantial conformance with the approved preliminary plat set, including identical location and dimensions of Final Plat Lots 1, 2, and 3 (which are mapped on the Preliminary Plat as Lots 7, 36 and 37), as well as the identical location and dimensions of the Open Space Tracts, Regional Detention Tracts, Sensitive Area Tracts, and the Non -Buildable Tract. The Future Development Tracts shown on the Final Plat match the location and external boundaries of groups of preliminary plat lots. This Phase 1 Final Plat meets the required condition. 3. The Applicant or subsequent owner(s) shall comply with the payment of transportation impact fees in accordance with TMC Chapter 9. Pursuant to TMC Chapter 9, transportation impact fees are calculated and due for building permits. Note 12 shown on Sheet 23 of the Final Plat, explains that impact fees, as applicable, will be due at the time of issuance of a building permit. This Phase 1 Final Plat meets the required condition. 64 4. Prior to final approval, adequate provisions shall be made to ensure that all necessary utilities and infrastructure is in place to serve the proposed lots ofthe plat. As described above, under plat approval criterion TMC 17.14.030(C)(3), the facilities and improvements, including all necessary utilities and infrastructure, are in place to serve Lots 1, 2, and 3, meaning that appropriate provisions have been made and this Phase 1 Final Plat meets the required condition. 5. In order to meet the requirements of TMC 17.14.020 (0)(3) the Applicant shall fully comply with section 4.5 of the Development Agreement (Parks and Open Space) between the City of Tukwila and Segale Properties LLC with respect to submission of a plan for trails and bike/pedestrian connections within Tukwila South, including in subdivision area. The Final Plat is in compliance with Section 4.5 of the Development Agreement. On November 18, 2015, the City Administrator granted Segale Properties an extension until December 31, 2017 to submit the required plan for trails and bike/pedestrian connections to the City. The letter granting the extension (Attachment J to the Preliminary Plat Staff Report and Examiner's Decision) explained that the extension was granted because development has not yet occurred and, as such, the plan for trails and bike/pedestrian connections was not yet necessary. For that same reason, it is anticipated that an additional extension will be requested. This Phase 1 Final Plat meets the required condition. 6. In lieu of the two proposed streets being dedicated to the public and in consideration of the City waiving the provision of 4.2.5.B.3 of the Infrastructure Design and Construction Standards, the Applicant shall construct the private roads to meet City standards, including, but not limited to street lighting, drainage, and pavement thickness. The two private streets discussed in Preliminary Plat condition of approval no. 6 are streets that will be located inside Future Development Tract 5 and Future Development Tract 7. This condition applies at the time that a final plat is proposed to create lots within Future Development Tract 5 or Future Development Tract 7. 7. Prior to final approval, the Applicant shall install all public works infrastructure, including construction of the private roads. All construction shall meet applicable Tukwila Municipal Code sections and the City's Infrastructure Design and construction standards (with the exception of 4.2.5.B.3). The general design of the public works improvements shall be consistent with the plans included as Attachment B. As described above, under final plat approval criterion TMC 17.14.030(C)(3), the facilities and improvement, including all public works infrastructure, are in place to serve Lots 1, 2, and 3. This Phase 1 Final Plat meets the required condition. In addition, confirmation that other public works infrastructure required to serve other lots, including the two private roads, 65 will be made at the time that another phase of the final plat is proposed to create lots within one or more Future Development Tracts. 8. As part of the final plat application, the Applicant shall provide the necessary documentation outlined in Section 4. 1.B of the City's Infrastructure Design and Construction Standards regarding the private streets in the plat. As described above, under Preliminary Plat condition of approval nos. 6 and 7, documentation confirming that the private streets meet the City's Design and Construction Standards will be provided at the time that a final plat phase is proposed to create lots within Future Development Tract 5 or Future Development Tract 7. 9. All easements, including, but not limited to open space, pedestrian, a n d access (with corresponding recording numbers) shall be noted on the final plat documents. All existing and proposed easements are shown on the final plat as is required by the survey standards applicable to final plats, in TMC 17.04.060. This Phase 1 Final Plat meets the required condition. 10. Street names for the private streets shall be mutually agreed upon by the City and the Applicant. Once street names have been agreed upon, the Applicant shall be responsible for installing street signs in conformance with the City's adopted standards. As described above, under Preliminary Plat condition of approval nos. 6 and 7, documentation confirming the private street names and signage will be provided at the time that a final plat phase is proposed to create lots within Future Development Tract 5 or Future Development Tract 7. 11. Preliminary plat approval for subdivision shall be null and void unless a complete application for final plat meeting all requirements of this chapter is submitted for approval within five years of the date of preliminary plat approval. The hearing body of the preliminary approval may approve one extension not to exceed one year or as amended within TMC Title 17. This Phase 1 Final Plat application is being made within the five-year window following the Preliminary Plat approval. This Phase 1 Final Plat meets the required condition. 12. Any final plat phase that includes a Non -Buildable Tract or Future Development Tract must also include notes describing the nature of those tracts. This Phase 1 Final Plat application includes one Non -Buildable Tract, and fourteen Future Development Tracts. Plat Note 8 describes the nature of the Non -Buildable Tract, and 66 Plat Note 11 describes the nature of the Future Development Tracts. This Phase 1 Final Plat meets the required condition. TMC 17.14.030. C.6. That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval. The October 9, 2017 City Hearing Examiner's Findings, Conclusions and Decision approving the Preliminary Plat of Tukwila South, includes the Hearing Examiner's legal conclusion no. 10, that the "all state and City subdivision requirements" are met. Likewise, this Phase 1 Final Plat which conforms to the approved Preliminary Plat, meets all applicable requirements of state law and the local Tukwila Municipal Code. This Phase 1 Final Plat meets the required criterion. 67 68 City of Tukwila Attachment B Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director NOTICE OF DECISION October 11, 2017 TO: Segale Properties, LLC, Applicant/Owner King County Assessor, Accounting Division Washington State Department of Ecology Michael Mactutis, City of Kent Charlene Anderson, City of Kent This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L17-0031 Applicant: Mark Segale, Segale Properties LLC Type of Permit Applied for: Land Division - Preliminary Plat Project Description: Preliminary plat for Tukwila South, owned by Segale Properties, LLC. Proposal to create new lot layout for 42 existing lots. Location: Comprehensive Plan Designation/Zoning District: II. DECISION Tukwila South area, a collection of land approximately located between S 180th Street (northern terminus), S 204th St. (southern terminus), Interstate 5 (western terminus), and the Green River (eastern terminus). Tukwila Valley South (TVS), Low Density Residential (LDR), Mixed Use Office (MUO), Heavy Industrial (HI) + Tukwila South Overlay SEPA Determination: The City's SEPA Responsible Official had previously determined that the project creates a probable significant environmental impact and required the preparing of an Environmental Impact Statement on this project (EIS). The proposed plat is consistent with the development outlined in the final EIS issued in 2005. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 - 206-433-1800 • Website: TukwilaWA.gov 69 Notice of Decision: L17-0031 Decision on Substantive Permit: The City Hearing Examiner has determined that the application for a Preliminary Plat does comply with applicable City and state code requirements and has approved that application, as set forth in the attached City of Tukwila Hearing Examiner Findings, Conclusions, and Decision. III. YOUR APPEAL RIGHTS The Decision on this Application is a Type 3 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. No administrative appeal of the Decision is permitted. A party who is not satisfied with the Hearing Examiner's decision may file an appeal in King County Superior Court. IV. PROCEDURES AND TIME FOR APPEALING Any party wishing to challenge the Hearing Examiner's Decision must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the Hearing Examiner's decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Max Baker, who may be contacted at 206-431-3683 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Max Baker Department of Community Development City of Tukwila ENCL: City of Tukwila Hearing Examiner Findings, Conclusions, and Decision, dated October 9, 2017 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 70 TUKWILA HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION Applicant: Mark Segale, Segale Properties LLC File Number: L17-0031 Application: Preliminary Subdivision Application Owner: Segale Properties, LLC Location: Tukwila South SEPA Determination: Determination of Significance, Final Environmental Impact Statement issued in 2005 Recommendation: The Department of Community Development recommends approval with conditions Public Hearing: The Hearing Examiner held a public hearing on the application on September 19, 2017, at the Department of Community Development, 6300 Southcenter Boulevard, Suite 100, Tukwila, WA. The Hearing Examiner viewed the site on September 19, 2017. EXHIBITS: The following exhibits were entered into the record: 1. Department's staff report with Attachments A -L 2. September 19, 2017 Letter from the City of Kent Washington 3. Final Plat Phase Map 4. Applicant Memorandum Introduction The applicant seeks a preliminary subdivision as part of an extensive permitting and planning process for Tukwila South. A public hearing was held on the application on September 19, 2017, at the Department of Community Development, 6300 Southcenter Boulevard, Tukwila, WA. Represented at the hearing were: the Department, by Maxwell Baker, Assistant Planner, and Ann Marie Soto, attorney-at-law ("City"); and the applicant Mark Segale, Segale Properties LLC, by Nancy Bainbridge Rogers, attorney-at-law ("Applicant"). No members of the general public testified at the hearing. The Hearing Examiner viewed the site on the day of the hearing. 71 L17-0031 FINDINGS AND DECISION Page 2 of 8 For purposes of this decision, all section numbers refer to the Tukwila Municipal Code ("TMC" or "Code") unless otherwise indicated. After considering the evidence elicited during the hearing, the Hearing Examiner enters the following findings of fact, conclusions, and decision on the application. Findings of Fact 1. The subject site is located in Tukwila South ("Property"). The site of the Tukwila South Project lies within the City of Tukwila's Tukwila South planning area, which extends from S 180th Street in the City of Tukwila to S 204th Street. The Property is approximately 14 million square feet on approximately 498 contiguous acres. The site is generally bounded by S 178th/S 180th Street on the north; S 204th Street on the south; Orillia Road and Interstate -5 on the west; and the Green River on the east. The site is proximate to SeaTac International airport and the regional transportation infrastructure network (I-5, I- 405, and SR 167). 2. The proposal is for campus -style office and research environments with a variety of commercial, retail, residential, hotel and recreational uses. The goal of the project is to accommodate the needs of national and international companies and institutions specializing in emerging technology industries that have need of an integrated campus setting with expansion opportunities, a range of uses, and adjacent amenities. Vehicular and pedestrian access throughout the project will be provided by private streets, access tracts and existing public rights-of-way. The proposal will initially split the property into 14 "Future Development Tracts," two "Open -Space Tracts," two "Regional Detention Tracts," five "Sensitive Area Tracts," and one "Non -Buildable Tract" These larger lots will be subsequently divided into forty-two lots ranging in size from 1.40 acres to 21.55 acres. 3. The Applicant is choosing to record the plat in phases. Phasing is permitted under TMC 17.14.040, and the City Council has sole discretion to permit phasing at the time of final plat. The Applicant has indicated that phasing will likely be dictated by market conditions. 4. The Tukwila South area contains several zoning designations, which include: Low Density Residential (LOR); Tukwila Valley South (TVS); Heavy Industrial (HI); and Mixed Use Office (MUO). The area subject to this plat is zoned LOR, TVS, and MUO. The entire Tukwila South area includes an overlay which supersedes the underlying zoning. As indicated in TMC 18.41.010, the TSO "may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan." 5. The Tukwila South Master Plan (the "Master Plan") was completed and approved by the City of Tukwila on June 8, 2009 via Ordinance No. 2234 (Attachment C). The 72 L17-0031 FINDINGS AND DECISION Page 3 of 8 Master Plan defined the goals, objectives and vision for the nearly 500 acres of mostly vacant land owned by the Segale Properties LLC in Tukwila South. 6. In 2009 the City and Applicant entered into a development agreement for the Project ("Development Agreement"). The Development Agreement indicates that the Applicant intends to develop the Property consistent with the Master Plan. The Master Plan envisions the creation of a major new employment and housing base on the Property. The Master Plan calls for approximately ten million square feet of development. The project includes the extension of Southcenter Parkway in an alignment along the west edge of the valley floor to function as the major transportation arterial through the site. The Project will also contain an integrated, internal circulation system of streets, sidewalks and pedestrian connections. A permit or approval issued by the City must be consistent with the Development Agreement. 7. The Applicant has completed, and the City has approved, a Sensitive Areas Master Plan ("SAMP"). The SAMP is an area -wide plan for alteration and mitigation of sensitive areas including water quality, fish and wildlife habitat and hydrology. The sensitive areas and their corresponding buffers identified as "Native Growth Protection Areas" will be permanently protected by restrictive covenants. The Native Growth Protection Areas are identified as Sensitive Area Tracts on the proposed plat. 8. In 2005, the City issued a Final Environmental Impact Statement ("FEIS") under SEPA for the project. The FEIS analyzed the Mater Plan, the SAMP, and the potential impacts associated with the project (including re -development of an existing business park, which is not included in the preliminary plat), assuming full build -out of 10.3 million square feet for various uses. 9. The FEIS included a Transportation Impact Analysis ("TIA"). The TIA analysis assumed at full build out of the project, it would generate a maximum of 10,144 net new PM Peak hour trips. The City of Tukwila determined that transportation impacts would be adequately mitigated by applying certain conditions to the proposal for traffic mitigation. 10. Impacts to schools were evaluated in the FEIS, and the City's school impact fee ordinance will apply to new residential development within the subdivision. 11. The City's fire impact fee ordinance will apply to all new construction within the subdivision. 12. According to the Highline Water District water is available, and each development proposal within the subdivision will require a Developer Extension Agreement and a Certificate of Water Availability. 73 L17-0031 FINDINGS AND DECISION Page 4 of 8 13. The criteria for granting of a preliminary subdivision are set forth in TMC 17.14.020 (D): 1. The proposed subdivision is in conformance with the Tukwila Comprehensive Plan and any other City adopted plans. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the subdivision that are consistent with current standards and plans. 3. Appropriate provisions have been made for road, utilities, and other improvements that are consistent with current standards and plans. 4. Appropriate provisions have been made for dedications, easements, and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. The subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances, and all other relevant local regulations. 7. Appropriate provisions for maintenance of privately owned common facilities have been made. 8. The subdivision complies with RCW 58.17.110. 14. The City's Comprehensive Plan includes the following vision statement for Tukwila South: The Tukwila South area currently is a mix of industrial and agricultural uses, with a high potential for redevelopment and the ability to transition to a dynamic urban multi -use district, while still supporting the existing, lower density uses. This area represents an outstanding opportunity to create major new employment, commercial and residential areas. The size, location adjacent to the Tukwila Urban Center, consolidated landownership, and proximity to the airport make this a site that will attract attention from national and international companies looking for expansion opportunities .... The development of this area will be a gradual process that should be facilitated by a well- developed master plan ... Connections to the airport, local and regional transit facilities, and to the Tukwila Urban Center through the improved roadways and new transit initiatives will be important to achieve the maximum potential of this area. 74 L17-0031 FINDINGS AND DECISION Page 5 of 8 15. No public comments were provided at the hearing, and no written comments were submitted to the City in advance of the hearing. The Hearing Examiner received a comment letter from the City of Kent regarding the project, which requested that a condition be placed on any approval of the application requiring the Applicant 1) to retain a professional engineer to certify that the adjacent Green River levee meets all federal levee standards, and 2) work with the City of Kent to ensure FEMA accreditation is extended to the levee. Conclusions 1. At the hearing the City identified that TMC 18.10.01(3) specifies that the Hearing Examiner is the hearing body for the preliminary subdivision application; but that, TMC 17.14.020 (D) states that the Planning Commission is the hearing body. The City clarified that in 2010, TMC 18.10.010 (3) was amended by the City Council to specify that the Hearing Examiner would serve as the hearing body, whereas it had previously specified that the Planning Commission would review preliminary subdivision applications. The City indicated that it had failed to make the same change in Title 17, and that the intent of the City Council is to have the Hearing Examiner act as the hearing body on any preliminary subdivision application. The Applicant indicated that it stipulated to the Hearing Examiner's jurisdiction for the preliminary subdivision application. 2. The condition requested by the City of Kent is outside of the jurisdiction of the Hearing Examiner to consider, as it is not directly related to any of the criteria for approval for the subdivision application. 3. The Hearing Examiner respectfully declines the Applicant's request to provide an opinion concerning the proposal's plan to engage in phasing pursuant to TMC 17.14.040. Pursuant to TMC 17.14.040 the City Council has reserved to itself the power to review and approve phasing plans, and such considerations are outside the jurisdiction of the Hearing Examiner. 4. The proposed preliminary subdivision is consistent with the City's Comprehensive Plan, Shoreline Master Program, and adopted Master Plan for Tukwila South. 5. The proposal is consistent with the Development Agreement. Many of the preliminary subdivision criteria concerning access, traffic impacts, pedestrian circulation, open space and other development items, are addressed by the proposal conforming to the Development Agreement. 6. The proposed lots have a design, shape, and orientation that is appropriate for the range of uses permitted in the Tukwila South Overlay District. 75 L17-0031 FINDINGS AND DECISION Page 6 of 8 7. The subdivision, together with the Development Agreement, makes appropriate provision for roads and utilities. Construction of the utilities and roads, including the private access roads, will be required to serve the proposed lots in the subdivision. 8. As conditioned, the subdivision makes adequate provision for pedestrian and bicycle circulation per the Master Plan. The Applicant's performance of the Development Agreement's requirements concerning pedestrian and bicycle circulation will constitute compliance with the requirement of TMC 17.14.020.D.1 that the subdivision conform to adopted City plans. 9. As conditioned, the project will not be detrimental to the public health, safety and general welfare. 10. The Applicant meets all state and City subdivision requirements, and should be approved. Decision The subdivision application is APPROVED subject to the following conditions: 1. Pursuant to RCW 58.17 .170, the Applicant shall comply with all local, state, and federal rules and regulations in effect on June 8th, 2009, the vesting date of the subject application. However, if the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision, future development may be subject to updated codes, including, but not limited to the International Building Code and the International Fire Code, as amended. 2. The plat configuration shall be developed in substantial conformance with the development plan set prepared by Segale Properties dated June 7th, 2017 (Attachment A) and subject to applicable conditions of approval specified by the Hearing Examiner. 3. The Applicant or subsequent owner(s) shall comply with the payment of transportation impact fees in accordance with TMC Chapter 9. 4. Prior to final approval, adequate provisions shall be made to ensure that all necessary utilities and infrastructure is in place to serve the proposed lots of the plat. 5. In order to meet the requirements of TMC 17.14.020 (0)(3) the Applicant shall fully comply with section 4.5 of the Development Agreement (Parks and Open Space) between the City of Tukwila and Segale Properties LLC 76 L17-0031 FINDINGS AND DECISION Page 7 of 8 with respect to submission of a plan for trails and bike/pedestrian connections within Tukwila South, including in subdivision area. 6. In lieu of the two proposed streets being dedicated to the public and in consideration of the City waiving the provision of 4.2.5.B.3 of the Infrastructure Design and Construction Standards, the Applicant shall construct the private roads to meet City standards, including, but not limited to street lighting, drainage, and pavement thickness. 7. Prior to final approval, the Applicant shall install all public works infrastructure, including construction of the private roads. All construction shall meet applicable Tukwila Municipal Code sections and the City's Infrastructure Design and construction standards (with the exception of 4.2.5.B.3). The general design of the public works improvements shall be consistent with the plans included as Attachment B. 8. As part of the final plat application, the Applicant shall provide the necessary documentation outlined in Section 4.13 of the City's Infrastructure Design and Construction Standards regarding the private streets in the plat. 9. All easements, including, but not limited to open space, pedestrian, and access (with corresponding recording numbers) shall be noted on the final plat documents. 10. Street names for the private streets shall be mutually agreed upon by the City and the Applicant. Once street names have been agreed upon, the Applicant shall be responsible for installing street signs in conformance with the City's adopted standards. 11. Preliminary plat approval for subdivision shall be null and void unless a complete application for final plat meeting all requirements of this chapter is submitted for approval within five years of the date of preliminary plat approval. The hearing body of the preliminary approval may approve one extension not to exceed one year or as amended within TMC Title 17. 12. Any final plat phase that includes a Non -Buildable Tract or Future Development Tract must also include notes describing the nature of those tracts. 0}14 Entered this I day of October, 2017. Ry. ► ancil H. g Examiner 77 L17-0031 FINDINGS AND DECISION Page 8 of 8 Concerning Further Review TMC 18.108.030 provides that "The decision of the Hearing Examiner shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C." 78 BEFORE THE HEARING EXAMINER CITY OF TUKWILA CERTIFICATE OF SERVICE I certify under penalty of perjury under the laws of the State of Washington that on this date I sent true and correct copies of the attached Findings, Conclusions and Decision to each person listed below, or on the attached mailing list, in the matter of Mark Segale, Hearing Examiner file: L17-0031 in the manner indicated. Party Method of Service Minnie Dhaliwal K/ U.S. First. Class Mail, postage prepaid City of Tukwila ❑ Inter -office Mail 6300 Southcenter Blvd, Suite 100 0 E-mail Tukwila, WA 98188 ❑ Fax minnie.dhaliwal@tukwilawa.gov ❑ Hand Delivery ❑ Legal Messenger Maxwell Baker Max.Baker@tukwilawa.gov Dated: October 9, 2017 Alayna ohnson Legal Assistant 79 80 Attachment C City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO■ L17-0068 DEDICATION TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W■M■, AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W■M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN A PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTEN7 WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND TRACTS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE AND CONVEY ALL THE PRIVATE EASEMENTS AND TRACTS SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC TO THE PERSOI OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF TUKWILA, ITS SUCCESSORS AND ASSIGN WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF PUBLII FACILITIES AND PUBILC PROPERTY WITHIN THE SUBDIVISION. THIS SUBDIVISION, DEDICATION, AND WAIVER OF CLAIMS IS MADE WITH THE FREE CONSENT AND IN ACKNOWLEDGMENT IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. NAME: SEGALE PROPERTIES LLC MARKA. SEGALE VICE PRESIDENT OF ITS MANAGER STATE OF WASHINGTON ) COUNTY OF KING ) S.S. ON THIS DAY OF 2017, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED, MARKA. SEGALE, TO ME KNOWN TO BE THE PERSON WHO SIGNED AS VICE PRESIDENT OF METRO LAND DEVELOPMENT, INC., MANAGER OF SEGALE PROPERTIES LLC, THE LIMITED LIABILITY COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID PARTNERSHIP FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT MARKA. SEGALE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT ON BEHALF OF THE COMPANY. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. NOTARY PUBLIC, IN AND FOR THE STATE OF WASH/NGTON RES/D/NG AT DAMAGE WAIVER PER TMC 17.04.060 THE FOLLOWING PERSONS OR CORPORATIONS HAVING AN INTEREST IN THE SUBDIVIDED LAND WAIVE BY THEM AND THEIR SUCCESSORS ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY ARISING FROM THE CONSTRUCTION AND MAINTENANCE OF PUBLIC FACILITIES AND PUBLIC PROPERTY WITHIN THE SUBDIVISION: METRO LAND DEVELOPMENT, INC. AND SEGALE PROPERTIES LLC, A WASHINGTON LIMITED LIABILITY COMPANY. METHODS AND EQUIPMENT FIELD MEASUREMENTS ARE G.P.S. - GROUND INSTRUMENT USED - TOPCON GPS GR5 EQUIPMENT AND PROCEDURES: ALL MEASUREMENTS WERE MADE USING A GLOBAL POSITIONING SYSTEM (GPS) WITH THE MANUFACTURES STANDARD DEVIATION OF 3mm + 0.5 PPM BASELINE ROOT MEAN SQUARE (RMS) FOR STATIC MEASUREMENTS AND 10mm + 1 PPM FOR REAL TIME KINEMATIC (RTK) INSTRUMENT USED - LEITZ SOKKIA 1" TOTAL STATION STANDARD TRAVERSE PROCEDURES WERE UTILIZED WHEN G.P.S. OPTIONS WERE NOT AVAILABLE RELATIVE ACCURACY PROCEDURES WERE USED TO MEET OR EXCEED THE ACCURACY FOR LAND BOUNDARY SURVEYS PER WAC 332-130-090 BASIS OF BEARINGS NORTH AMERICAN DATUM 1983/11 ADJUSTMENT, WASHINGTON STATE PLANE NORTH ZONE 4602 HOLDING W.S.D.O.T MONUMENTI.D. HC 17-7" A 3" BRASS DISK IN THE NORTH SIDEWALKS. 178TH ST BRIDGE AT 1-5 SURVEYOR'S CERTIFICATE I, JAY D BABCOCK, REGISTERED AS A LAND SURVEYOR BY THE STATE OF WASHINGTON, CERTIFY THAT THIS PLAT IS BASED ON AN ACTUAL SURVEY OF THE LAND DESCRIBED HEREIN, CONDUCTED BY ME OR UNDER MY SUPERVISION; THAT THE DISTANCES, COURSES AND ANGLES ARE SHOWN HEREON CORRECTLY; AND THAT MONUMENTS OTHER THAN THOSE MONUMENTS APPROVED FO - SETTING ATA LATER DATE, HAVE BEEN SET AND LOT CORNERS STAKED ON THE GROUND AS DEPICT i O THE PLAT 11/21/17 JAYD BA' COC , P.L.S. NO. 30429 RECORDER'S CERTIFICATE FILED FOR RECORD AT THE REQUEST OF THE CITY OF TUKWILA THIS DAY OF , 20 , AT MINUTES PAST M, AND RECORDED IN VOLUME OF PLATS, ON PAGE , RECORDS OF KING COUNTY, WASHINGTON. KING COUNTY MANAGER SUPT. OF RECORDS AND ELECTIONS TUKWILA APPROVALS PUBLIC WORKS DIRECTOR'S CERTIFICATE I HEREBY APPROVE THE SURVEY DATA, THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHTS-OF-WAY, DESIGN OF DRAINAGE SYSTEMS AND OTHER STRUCTURES. I CERTIFY THAT THE SUBDIVIDER HAS COMPLIED WITH ONE OF THE FOLLOWING: A. ALL IMPROVEMENTS HAVE BEEN INSTALLED IN ACCORDANCE WITH THE PRELIMINARY PLAT APPROVAL, AND THAT ORIGINAL AND REPRODUCIBLE MYLAR OR ELECTRONIC RECORDS IN A FORMAT APPROVED BY PUBLIC WORKS AND MEETING CURRENT PUBLIC WORKS DRAWING STANDARDS FOR ROAD, UTILITY AND DRAINAGE CONSTRUCTION PLANS CERTIFIED BY THE DESIGNING ENGINEER AS BEING 'AS CONSTRUCTED" HAVE BEEN SUBMITTED FOR CITY RECORDS. B. AN AGREEMENT AND BOND OR OTHER FINANCIAL SECURITY HAVE BEEN EXECUTED IN ACCORDANCE WITH SECTION 17.24.030 OF THIS TITLE SUFFICIENT TO ASSURE COMPLETION OF REQUIRED IMPROVEMENTS AND CONSTRUCTION PLANS. EXAMINED AND APPROVED BY THE CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS. THIS DAY OF 2017. DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED AND APPROVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT AND HEREBY CERTIFIED FOR FILING. THIS DAY OF , 2017. DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF TUKWILA FINANCE DIRECTOR I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS OF THE PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS, ALLEYS OR FOR OTHER PUBLIC USE ARE PAID IN FULL ON THIS DAY OF , 2017. FINANCE DIRECTOR CITY OF TUKWILA MAYOR EXAM/NED AND APPROVED THIS DAY OF , 2017. MAYOR CITY OF TUKWILA CITY CLERK EXAMINED AND APPROVED THIS DAY OF , 2017. CITY CLERK KING COUNTY APPROVALS VOLUME PAGE SHEET 1 OF 23 IIIIIulI11111111nlullpp �� ...., .-i i I I I D =-=��:.1:ij1�� 4.i am 40 UM am -�� 11 ��n��:"•n � m I•111 El N'f. 1 ■ :!::: �i. ii CCm ;ILm n MUM TI • 1. nm PT, :imr :Ill 'll: illIWA arso C no Ilu IMFil ,% 1"` uovh NIP S. 200TH ST. S. 204TH ST. 6 1 "-'‚U 4/6. Maim1,11 IMP • GRAPHIC SCALE (U.S. FEET) I 2000 0 1000 2000 • IIID 1 inch = 2000 ft. VICINITY MAP I� T— 26 —--� I I H SE 1/4 NW 1/4 NW 1/4 NE 1/4 NW 1/4 `- NW 1/4 SW 1/4 NW 1/4 NW 1/4 SW 1/4 SW 1/4 SW 1/4 SE 1/4SW 1/4 NW 1/4 NE 1/4 >X 35 NE 1/4, SW 1/4 r — SE 1/4 SW 1/4 SW 1/4 E 1/4 SW 1/4 SE 1/4 NE 1/4 NE 1/4 SE 1/4 NE 1/4 i NW 1/4 NE 1/4 NW 1/4 NW 1/4 SW 1/4 NW 1/4 NW 1/4 SE 1/4 SE 1/4 SW 1/4 E 1/4 NW 1/4 NW 1/4 NE 1/4 SE 1/4 NW 1/4 o NE 1/4 SW 1/4 KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS DAY OF , 20 . KING COUNTY TREASURER KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS DAY OF , 20 . KING COUNTYASSESSOR DEPUTY KING COUNTYASSESSOR SHEET LEGEND SHEET 1 -APPROVALS SHEETS 2 - 4 ( SECTION BREAKDOWN DATA ) SHEETS 3 - 19 ( PLAT SHEETS ) SHEETS 20 - 22 ( ORIGINAL PARCEL LEGAL DESCRIPTIONS ) SHEET 23 (MISC. NOTES ) SECTION INDEX NOT TO SCALE SURVEY REFERENCES: KING COUNTY SURVEY NO. 35-23-4-12 S. 178TH ST. FREEWAY EAST TO TUKWILA CITY LIMITS 6/6/66 KING COUNTY SURVEY NO. 3-22-4-11 ORILLIA ROAD - S. 212TH ST. NO DATE FOUND WA. STATE HIGHWAY COMMISSION RIGHT-OF-WAY PLAT S.R. 5, S. 188TH STREET INTERCHANGE, 4/12/66 WA. STATE HIGHWAY COMMISSION RIGHT-OF-WAY PLAT S.R. 5, JCT. S.S.H. 5A TO S. 178TH ST, 03/24/59 RECORD OF SURVEY UNDER RECORDING NO. 20111109900001 RECORD OF SURVEY UNDER RECORDING NO. 20091112900001 RECORD OF SURVEY UNDER RECORDING NO. 20090825900006 RECORD OF SURVEY UNDER RECORDING NO. 20060607900015 RECORD OF SURVEY UNDER RECORDING NO. 20010618900001 RECORD OF SURVEY UNDER RECORDING NO. 20010315900006 RECORD OF SURVEY UNDER RECORDING NO. 8909159013 RECORD OF SURVEY UNDER RECORDING NO. 8907069008 RECORD OF SURVEY UNDER RECORDING NO. 8804299009 RECORD OF SURVEY UNDER RECORDING NO. 8701059005 RECORD OF SURVEY UNDER RECORDING NO. 8509109014 RECORD OF SURVEY UNDER RECORDING NO. 8212079001 RECORD OF SURVEY UNDER RECORDING NO. 8206019001 RECORD OF SURVEY UNDER RECORDING NO. 8103109004 CITY OF KENT SURVEY CONTROL DATA BASE STATE OF WASHINGTON D.O.T. MONUMENT DATA BASE (11 SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW.SEGALEPROPERTIES.COM ■ C:\Documents and Settings \jbabcock\Local Settings \My Documents\TOSHIBA HARD DRIVE FILES \PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:03:46 PM 81 82 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 GRAPHIC SCALE 600 0 300 600 1200 TUKWILA SOUTH — PHASE I BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. 2400 ( IN FEET ) 1 inch = 600 ft. SECTION BREAKDOWN DATA SEC. COR. MON. IN CASE ROS 8509249023 Lu 00o CN S 88°00'59" E 2673.85' 1/4 COR. MON. IN CASE ROS 8509249023 rt SEC. COQ' ONC. MON. ROS 923 L LHS. �C OINVN N 89°30'47" W 2615.17' / i SEE SHEET 4 OF 23- / 3° VOLUME PAGE B 03 Oj FOUND CONC. MON. 1 DEC. 2002 /I rl 'PI 0 Il J � FOUND BRASS MON. ----z—_/ I D.O.T. HC 17-8 1,4 DEC. 2005 / l / , til. �--I \ / 4 tel,et, , „bpi\ FOUND BR SS TACK l /`� IN CONC. BRI CASE /G' DEC. 2002 / , --1TS 87°41'28" E 1�/ 2604.68' I CALC. COR. / PER ROS 8509249023 / FALLS IN LAKE / �I ( f� / i TWP. 23 NORTH 72724.67' �S 87'57'13" E TWP. 22 NORTH CO CO 4 S. 200th ST. 1/4 COR. CALC. ROS 8509249023 S. 204th`STin Ln. N 2663.5 ' CALC. 2663.7 ROS N 89°38'32" E a Go i SEC. COR. CALC. CITY OF KENT RECORDS 1 2614.49' -60 60 MF -i5 N 6� pa N 89°23'20" W SOUTH 1/4 COR. CALC. 1/4 C. CITY C 5232.98' MEAS. 5265.48' G.L.O. SHEET 2 OF 23 SEE SHEET 3 OF 23 SEGALE PROPERTIES ® 1 A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEG ALEPROPERT I ES. COM City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 GRAPHIC SCALE 600 0 300 600 1200 TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. 2400 ( IN FEET ) 1 inch = 600 ft. FOUND CONC. MON. DEC. 2002 SEE SHEET 4 OF 23 1 L r— I-L1 F I I I II o I I o cL3 _N 01(1 /c ) Cr) 1 I/ I� II I II I II 'I J I FOUND BRASS MON. I II D.O.T. HC 17-8 DEC. 2005 I I /1 SECTION BREAKDOWN DATA gi CALC. COR. PER ROS 8509249023 FALLS IN LAKE ( FOUND BR4SS TACK IN CONC. I CASE DEC. 2002 S 87'41'28" E I 2604.68' i If /16TH COR. FOUND BRASS IN CONC. DEC. 2010 S. 180th ST. 1/16TH COR. FOUND BRASS IN CONC. DEC. 2010 N l /L. 1 TWP. 23 NORTH 2724.67' HELD FOUND MONUMENTS FOR 180th ALIGNMENT 1325.13' N 87°50'41" W 1325.05' REC. FOR 180th PLANS CALC. NT /S 87°57'13" E TWP. 22 NORTH HELD KENT ANGLE 89°20'08" PER KENT'S SEC. BREAKDOWN ON FILE WITH P.W. 2726.97' S 88°01'08" E • 9 T. 1/4 COR. CALC. ROS 8509249023 2663.5 ' CALC. 2663.76 ROS N 89°38'32" E A SEC. COR. CALC. CITY OF KEN T RECORDS 2616.49' N 89°23'20" W \\- X Rei! City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 GRAPHIC SCALE 600 0 300 600 1200 TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. HELD BOYD ANGLE ROS 20010315900006 FOUND CONC. MON. DEC. 2002 2400 ( IN FEET ) 1 inch = 600 ft. SECTION BREAKDOWN DATA SEE SHEET 2 OF 23J / / CALC. COR. PER ROS 8509249023 FALLS IN LAKE / N CO N 111 FOUND CONC. MON. I DEC. 2002 II I I I I I I I I I / S 87°42'17" E 2624.171' FOUND B.M D.O.T. HC 17-7 DEC. 2005 • r, (9/h CALC. 1/4 COR. HOLDING REC. ANGLE FROM THE N.W. SEC. COR. PER ROS 20010315900006 S 87°45'14" E 2625.99' 1/16TH COR. FOUND BRASS IN CONC. DEC. 2010 S. 180th ST. 1/16TH COR. FOUND BRASS IN CONC. DEC. 2010 op j 11I I :I /I I �I FOUND BRASS MON. _ _/ I 1 D.O.T. HC 17-8 DEC. 2005 /� ( FOUND BRSS TACK IN CONC. I CASE DEC. 2002 S 8T41'28" E 2604.68' I I i TWP. 23 NORTH ///24.67' / 87°57'13" E TWP. 22 NORTH HELD FOUND MONUMENTS FOR 180th ALIGNMENT 1325.13' N 87°50'41" W 1325.05' REC. FOR 180th PLANS CALC. NT CO CQ 9 A GD 0,, / / Pip/�0E EN re SEE SHEET 2 OF 23- / HELD KENT ANGLE 89°20'08" PER KENT'S SEC. BREAKDOWN ON FILE WITH P.W. 2726.97' S 88°01'08" E / VOLUME PAGE SHEET 4 OF 23 CALC. SEC. COR HOLDING CITY OF KENT ANGLE AND DIST. FROM THE S.E. SEC. COR. 0 0 N CALC. 1/4 COR. FOUND BRASS MON. IN CONC. DOWN 1.5' DEC. 2010 1/4 COR. FOUND CONC. MON. IN CASE DEC. 2010 111iI SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEG ALEPROPERT I ES. COM 84 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 PC = 2487+29.44 260' 525' TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. S 87142'17" 187.66' 1151 I ' I/ I 'DELTA = 01°04'30" I RADIUS = 11199.16' LENGTH = 210.12' (L=24' REC.) /1 talc") 15'1 / / / / _ 3'3400 l = FDT-11 P.S.E. ESMT. A.F.N. 8610130422 AERIAL COMMUNICATION & POLE ESMT. REC. NO. 8606040808 !/NF �BTk NO 375poT l�, TpT-/r�.4 rO�qU7�76Th Ty RFF ,Fske. !/�/TS lygyFgsr t9• 0 01 N N N h .. 2904/7 AD / / \ 10' DRAINAGE ESMT. REC. NO. 6240706 �O\ 10' 20' INGRESS / EGRESS ESMT. REC. NO. 7701 05 0685 40' DRAINAGE ESMT. REC. NO. 6233536 10' B. S.B.L. 231.57'— — i N12°32'02"E 38.84' F • R0 S!, • r SS��NAL LANA SJR 100 or •. FSTN�24 \ 08!/• 46j. •79 cQ0`•• GI/\\oO o M O O O• � J J J U O m • 3523049009 44<2 h�, o▪ f0 ■ 76.11' N85'40'03"W S 87'42'17" E DELTA = 34°43'43" RADIUS = 429.78' LENGTH = 260.50' TOTAL CURVE DELTA = 57°47'52" RADIUS = 429.78' LENGTH = 433.54' SAT -1 7290' 3523049027 • • • 831.31' • • • A X62 0 50 2g 563.21 LJLc) o0N6 24ti NOT A PART 0 0 N 0150'03" E GRAPHIC SCALE 100 200 CENTURY LINK ESMT. A.F.N. 20141002000499 P.S.E. VAULT ESMT. A.F.N. 20130823001354 DELTA = 79'10'43" RADIUS = 480.00' LENGTH = 663.33' N 87'48'40" W LEE SHEET 6 OF 23 400 ( IN FEET ) 1 inch = 100 ft. • • Tm`\Tm\m w ••42 31i 2 UuJUJu SIO, • 25' GAS ESMT. • A.F.N. 20140814000227 • /N— / / NOT A PART VOLUME PAGE SHEET 5 OF 23 229.11' N 87'42'17" W DENOTES CENTURYLINK ESMT. REC. NO. 20141002000498 DENOTES COMCAST ESMT. REC. NO. 20141121001572 DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED "15' FRONT YARD SETBACK DELTA = 68°58'32" 'RADIUS = 540.00' •°'off LENGTH = 650.08' so, '70 SS, 2j. 70 Sj, F —A 03 20� FDT-11 , • • \\ 3523049090 0 • • A')/ 4' ♦ "D 11 54.56' N 87°48'41" W DELTA = 1012'11" RADIUS = 540.00' LENGTH = 96.16' _- • • s ``, Coco• S7. • R,3,9 °F 2 S6'<" ' 7 6S 329 F 6• 02'O�D73 N N 86 , .E. 136.44 NOT A PART S 87°5041" E 274.20' a - ♦>6NE Sg. 70333 F�S7 S78;.5 9'1,3 �l SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW.SEGALEPROPERTIES. COM C:\Documents and Settings\jbabcock\Local Settings\My Documents\TOSHIBA HARD DRIVE FILES\PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:10:36 PM 85 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 NOT A PART 0) 0 r rn 1 S8.162"_ 3 253.30' SAT -2 P.S.E. VAULT ESMT. A.F.N. 20130823001354 3523049013 TUKWILA SOUTH - PHASES 1,2 and 3 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. N 87°48'40" W 00 00 2 r co // I // 1 // // / / II // / J ' // IQ 1 // / 1j CO / 11 // CV // 1 // / // /// / 30' N 00 00 0 00,m W 053 0) 3523049034 ,semco oma, �o 0 1 5r6)o6c5', N6275P: Os 6J. N82°5 644 96• ' I 61� ��� 0) 00�'I 00 1 I N M 0) IO N 01°50'03" E 0 m 0) 70 11 /1 11 11 11 30' 15, II I I I I 1 11 DELTA = II RADIUS = II LENGTH = II 11 'II II 1. II II I II 3' Ammk0 L5>,. s�� A, 54.56' N 87°48'41" W CENTURY LINK ESMT. A.F.N. 20141002000499 S 84°10'21" E (R) II 58°21'49" 720.00' 733.42' • �i � SAD �� =Ali 0)N • i n ; 0)0) C) 3523049034 DELTA = 18°38'38" RADIUS = 792.00' LENGTH = 257.72' P.S.E. VAULT ESMT. A.F.N. 20130823001354 FDT-12 5, O `11,///ivvlviiiii' "" A `ice ���u�����`"mil SEE SHEET 5 OF 23 IN MI DELTA = 10°12'11" RADIUS = 540.00' LENGTH = 96.16' 20' UTILITY ESMT. A NOT A PART S 87°5041" E 274.20' 15' WIDE STORM DRAIN ESMT. A.F.N. 20141121001570 3523049013 FDT-1 3523049034 _- RD • �S9S 70, X, J- •03- 1 <0 ' DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED 8x''13 "E 97.25' 3523049013 STORM POND ESMT. A.F.N. 20141121001570 s92 ¢�78•, 8�' F S>,34 8662'„F S 83°47'24" 5 11' DELTA = 02°00'44" RADIUS = 958.50' LENGTH = 33.66' 4:5-7,40„ 72743, UTILITY ESMT. REC. N0. 20120511000340 DELTA = RADIUS = LENGTH = 30°55'18" 958.50' 517.29' � / 3523049015 / // 7 i / 0,0 o 15' DELTA = 03°25'00” RADIUS = 958.50' LENGTH = 57.16' 20' WIDE X 76' LONG UTILITY ESMT. 15' STORM DRAIN ESMT. A.F.N. 20141121001570 i ///// // / tr,/6`L°' / // Cir.1)E cP_ �� 4 b/ / //°�`� / \\ / k� o/ / 2 /<,) G - `ti cDicNe OJ DELTA = 0115'01" RADIUS = 1067.00 LENGTH = 23.28' RADIUS = 1053.56C LENGTH = 101.14' 11' MMMM.. MS.M��/vii/U///iiiiiiUv/MI 11/21/17 100 co <C/A RADIUS = 20.00' LENGTH = 29.67' Oe o. • • \ \ ESMT. AGREEMENT , REC. NO. 20151201001414 15/ co VOLUME PAGE SHEET 6 OF 23 EXISTING PUBLIC ROAD se cc 25' WIDE UTILITIES EASEMENT REC. NO. 201205111)00340 UTILITY ESMT. 3523049118 RADIUS = 1041.50' LENGTH = 546.89' 40' X 40' ACCESS ESMT. SEE NOTE # 7 20' WIDE X 85' LONG UTILITY ESMT. REC. NO. 20120511000340 FDT-2 WATERLINE ESMT. REC. NO. 20130226001726 3523049117 SEE SHEET 7 OF 23 GRAPHIC SCALE 50 100 200 400 1 inch = 100 ft. • • • UTILITY ESMT. • • L'S? 1:9 56/ 28 • • • EMTZ • SP Or Ai DENOTES CENTURYLINK ESMT. REC. NO. 20141002000498 DENOTES COMCAST ESMT. REC. NO. 20141121001572 SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 86 934 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 55, / 3523049015 I \ S g3646 \ • `S6'' F 1/ DELTA RADLEA/G77_11 US w I Q I / U 0) Z' Q / Q to to I o Z p I �CO to 0 o0o Q cn O Z I "' ��o Q N DELTA = 51°54'25" RADIUS = 69.50' LENGTH = 62.96' O8 DELTA I = 07'05'04" RADIUS = 367.00' LENGTH = 45.38' DELTA' = 84'52'18" / RADIUS = 54.00' LENGTH = 79.99' 10 DELTA = 09'23'58" / RADIUS = 75.50' LENGTH = 12.37' I WER FN 52gcpO �� STORM WR \AO. 000000212 00 �3SM� RECD E g55p9 15294 Ir 3523049015 II --J I L--- .TORM WATER AND SEER ESMT. NO. 20100524000272 --r-----,,,-t,- IN /1)-F l 0)0) Np T,• o( I). 0F2 �20S110in cr) oo i I I v 2 3¢0 I 'os7/000j¢o I IS 807329" E 31.56' S Q949'7" w 3.36° LI I49 ^0, cc,z IS 8073'04 E • 19.21' 7.57' 8070'13" E 50.46' 352304905_. 15 41.5' 41.5' �ll I I gcr Q 0 v- I Il / / 13'48'08,,/ 1041.50' 250 89' / f I / 0 • 41.5' 41.5' C'T 15 0 0 B" 112.44' S 80'10'13" E S -IJ a / / 15'/ �I II' LINE I/F 157 -/a iI, I ?os' Ii .IID, TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. SEE SHEET 6 OF 23 F� 2- 069,,0 „ - do SF ,n0A'T �o/T �4s� y9iP2 OD RD /DELTA = 2428'32" / RADIUS = 958.50' LENGTH = 409.45' SANITARY SEER ESMT. Rhe o- S9, ♦ \ \\ FDT-3 // S80.1D'13" 32. 44' E RIKI0LA 5°30'40" 41.07' ��./.. o0 C5 c7. /No� N �� lip /I / \ O�� /PN /N R.0 S 2p,RFc // l�. o7i6000 ,o• // // // // // N 83'59'03" W (R) W •o, N crJ • 1O10 • • 3525049015 / • •» •N •_ / Q S • i 0 / // N ♦ s 6461 o'S�oF rgRo sF \ \ DR TA = 19°99" 6 3523049116 • 4.544,5`5, s63o 48; NOT A PART ODELTA = 27'41'59" RADIUS = 29.50' LENGTH = 14.26' ODELTA = 1218'43" RADIUS = 49.50' LENGTH = 10.64' ODELTA = 19'57'24" RADIUS = 260.00' LENGTH = 90.56' DELTA = 1213'57" RADIUS = 300.00' LENGTH = 64.05' DELTA = 44'44'57" ADIUS = 75.50' LENGTH= 58.97' O DELTA = -3F32',99" o9" L= .56' LENGNGTHH31 = 31.56' NOT A PART BEGINNING OF 18' TRAIL ESMT. A.F.N. 20150716000578 9‘- \ 125 ,1 gP ♦ <2. 5\,) ,i0 ♦ 4 \\ \\F u�s9o; \ \ 2<`\ ♦♦ • s \l/ DELTA = 11'50'22" RADIUS = 650.00' LENGTH = 134.31' 4 � �� (lb N" N J DELTA = 10'42'34" RADIUS = 650.00' LENGTH = 121.49' • • 00 h•N LOT it DELTA �01"2"4'20" • RADIUS = 39&D0' • LENGTH = 9.57' S 7 50 /.59 • • • • • • LEVEE ESMT. A.F.N. 6027013 A.F.N. 6027015 A.F.N. 9404060591 VOLUME PAGE SHEET 7 OF 23 $ DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED WATERLINE ESMT. REC. NO. 7412200369 UTILITY ESMT. REC. NO. 20120511000340/ / 60, -L ,9 Y FSM, ic 0,9/ A/9.62, 667 59 fF 'c 14' TRAIL ESMT. A.F.N. 20150716000578 RIVER PROTECTION ES PER REC. NO. 20150E SOUTH END OF 14' FOOT TRAIL ESMT. REC. NO. 20150716000578 O.H.W. LINE EL. NORTH END OF RIVER PROTECTION ESMT. A.F.N. WN WIDTH) \� (UNKNOWN WIDTH) DELTA = 2910'21" 4A/RADIUS = 300.00' LENGTH = 152.75' SEE SHEET 10 OF 23 GRAPHIC SCALE 100 0 50 100 200 14' +/- m Ez,z, DENOTES CENTURYLINK ESMT. REC. NO. 20141002000498 DENOTES COMCAST ESMT. REC. NO. 20141121001572 • 400 ( IN FEET ) 1 inch = 100 ft. SEE SHEET 11 OF 23 1 i m I , SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEGALEPROPERTIES.COM C:\Documents and Settings\jbabcock\Local Settings\My Documents\TOSHIBA HARD DRIVE FILES\PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:16:39 PM 87 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 UTILITY ESMT. REC. NO. 9511220918 WATER LINE ESMT. REC. NOS. 8001080482 AND 8002080467 10' E. _----- 34 DELTA = 23'49'45" —RADIUS = 315.00' // ;/ //// // // / // / // /7,1/ /; S 876',38" E 10' TUKWILA SOUTH — PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. 100.70' N89'59'48"W I ■ ■ ■ 142.14' S 89°59'48" E :/339' 53 75-0.33, N 0 0 0 0 J SAT 3523049051 c 46 • • • 3523049034 2 COMCAST FACILITIES ESMT. A.F.N. 20130715001435 DENOTES CENTURYLINK ESMT. REC. NO. 20141002000498 DENOTES COMCAST ESMT. REC. NO. 20141121001572 80 X70 HELD RECORD OF SURVEY REC. NO. 20090825900006 468.69' SEE SHEET 9 OF 23 100 0 50 • • GRAPHIC SCALE 100 200 10' \A \ I 'I a — --J I L --- I m 30' STORM WATER AND SEWER ESMT REC. NO. 20100524000272 —>_-<"2—„7707),— RFC. o RFc!/ N co .o' o� CO�� AD 5ce;t1' ST F r6 3523049015 I I I 1 I DELTA = RADIUS = LENGTH = O8 DELTA I = RADIUS = LENGTH = Og DELTA' = RADIUS = LENGTH = 10 DELTA = RADIUS = LENGTH = II Sj�RM 20 000 �� �i ESM, • RECD 5 6g 5 2 3523049015 I 1 N° oe) 1f oF2/000J.o AL1 p� OS1j0003¢0 S 80'13'29" E 31.56' S 0�49'47" W 3.36' 4, 3523049049 I T �- S 0 S 8073'04" 8010'13" E 50.46' 1 3523049050 I II15' I I 2 N (8 587'56'38"E N1'6 100.00' 41.5' DELTA RADIUS LENGTH z 0 co 51°54'25" 69.50' 62.96' 07'05'04" 367.00' 45.38' 84'52'18" / 54.00' 79.99' I 09'23'58" 75.50' 12.37' 1 1 2) 0 751' 41.5' d J 0):0 - CO VOLUME PAGE SHEET 8 OF 23 SEE SHEET 6 OF 23 0 I I� / 13'4808" l 1041.80, 25Q89, / / I I. 41.5' c 1 41.5' N- 0) 0 CO IS 0 co. / I NI I� I / I / SFj�9 yT 1:94o / /DELTA = 2428'32" / RADIUS = 958.50' LENGTH = 409.45' SANITARY SEWER ESMT. \s, 3 15' I JIR$S ,538012. 0 1E 8., LINE TUKWILA 112.44 80'10'13" E s 5'30'40" RO / 20/S� 160: Ori 8 >> 41.07' O N 83'59'03" W (R) 4 ♦0 z, IF DT -10i • ti 0 / E — `2g• S 66 NOT A PART ODELTA = 27'41'59" RADIUS = 29.50' LENGTH = 14.26' ODELTA = 12°18'43" RADIUS = 49.50' LENGTH = 10.64' ODELTA = 19'57'24" RADIUS = 260.00' LENGTH = 90.56' DELTA = 1213'57" RADIUS = 301100' LENGTH = 64.05' DELTA = 44°44'57" RADIUS = 75.50' LENGTH = 58.97' ODELTA = 09" RADIUS = 49.50 LENGTH = 31.56' 0 NOT A PART 11 / - DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED 400 ( IN FEET ) 1 inch = 100 ft. SEE SHEET 10 OF 23 SEE SHEET 7 OF 23] �iJ SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEGALEPROPERTIES.COM C:\Documents and Settings\jbabcock\Local Settings\My Documents\TOSHIBA HARD DRIVE FILES\PARKWAY 2013\PARKWAY 2011 \dwg \TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:17:53 PM City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L 17-0068 =MO DENOTES CENTURYLINK ESMT. REC. NO. 20141002000498 DENOTES COMCAST ESMT. REC. NO. 20141121001572 (z/ 44/ i Lw LINE STA. 2432+45.97 = F LINE STA. 63+90.32 34 35 N TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. f// I/I 'I - //I SII ((\ \ \\ \ \\ \ \\ \ \\ \ \\ \ \\ \ \\ \ \\ \ \\ \ \\ \ \\ \ \\\ \ \ \ \ \\ \ \ 0\ \ 0\ 0\ P.S.E. ESMT. \0\ REC. NO, 7903280654 \ I UTILITY ESMT. REC. NO. 9511220918 WATER LINE ESMT. REC. NOS. 8001080482 AND 8002080467 I I , I I I I I I I I 11 I , I O ' I I I / A 3288 Bg , / T4s k <,\FDT-13 3523049078 DELTA = 23'49'45" RADIUS = 315.00' LENGTH = 131.01' z �crnnl 2 orn - co c / /// // / S 87'16'38" FDT-14 87°55'53" W .22' S 82°59 21 W �'�. ou- R�R3S _T',.w� 70 3 r*i S 87'42'06" W 75.00 1 1 15'1 1 DELTA RADIUS LENGTH N DELTA = 01 7'O7" RADIUS = 700.00\ LENGTH = 15.70' = 46'27'40" = 700.00' = 567.63' D,` OHO. \ / / �Q�/ss / 3523049066 v /(Z - 't 41) ,; o / / / / // / /- /, /- / / • 7/7 PVA • �� 5�, �4>O,o'�„R ',1,///,/,//,/////,/„//,,, ..• •••• ..,...........\,,� 11/21/17 RI1 2S.WPY 248.50 - ,QFC'�9 N /vF \ \% FS \.„ N0221 \\6'00 \\ c \ \ `r 3523049065 N 7715b `J 95.7 ,n I � c, I ••1 a io 569 N O rn N m 78.67 577.29'0e.. 38.41 102.31' S 83°49'00” W ssss s✓ N r, P.S.E. ESMT. A.F.N. 20150108000624 SEE SHEET 13 OF 23 100 0 50 / / / ^h N 00� N 3523049016 CO 172. 0 0t 10' SAT -3 STORM DRAINAGE ESMT. REC. NO. 5706242 N N / / 43) SAT -3 GRAPHIC SCALE 100 200 1 inch = 100 ft. 0222049008 N66'41'24"E 30.51' N12'51'404 8.77' / iN57'45' 7.70' 1k_ 4 / x\56 sO co VOLUME PAGE SHEET 9 OF 23 • DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED SEE SHEET 8 OF 23 HELD RECORD OF SURVEY REC. NO. 20090825900006 � - - 809.70' 468.69' LOT LOT 3 N 11 °15'55"W / 25.68' DELTA = 113°59'59" 0222049043 oo 400 17. N N 140.1 20' WATER LINE ESM REC. NO. 55730 6 I' 'I �I I I 10' 587°56 587°56 jN 100• -to Lri co 0 3523049068 LOT 2 (?) S6/s6 DELTA = 0211'48" RADIUS = 817.15' LENGTH = 31.33' UTILITY ESMT. REC. NO. 20120511000340 3 DELTA = 04'20'28” RADIUS = 2458.50' LENGTH = 186.27' 3523049045 UTILITY ESMT. /^ REC. NO. 201205110003 0 / 10' / 7 7/ - /75 /,S• , o� 56/389 co (o N LstAIGTH 165: 6 UTILITY ESMT. REC. NO. 20120511000340 STORM pRAINAGE ES REC. Ng. 570624 STORM 1 REC. NO UTILITY ESMT. REC. NO. 20120511000340 N1219'43"W 30.78' 35.50' 20' STORM DRAINAGE ESMT. REC. NO. 5706242 0222049033 DT -7 SEE NOTE # 9 SEE SHEET 12 OF 23 win oEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C"* TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 C: \ Documents and Settings \jbabcock \ Local Settings \ My Documents \ TOSHIBA HARD DRIVE FILES \ PARKWAY 2013 \ PARKWAY 2011 \dwg \TUI(WILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:19:09 PM 89 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L 17-0068 SEE SHEET 8 OF 23 ---X809.70' SEE SHEET 9 OF 23 3523049045 HELD RECORD OF SURVEY REC. NO. 20090825900006 468.69' ct N N ,30„ 010' TUKW/LA SOUTH — PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. �I .I I S87>_56'38"E N 100.00' —11— TUKWILA I 20' WATER LINE ESMT. REC. NO, 5573073 3523049068 LOT 2 / 50. 46' S 80'13'04" 35230490501 I115 SEE SHEET 7 OF 23 DELTA = 0211'48" RADIUS = 817.15' LENGTH = 31.33' / UTILITY ESMT. REC. NO. 20120511000340 DELTA = 0420'28" RADIUS = 2458.50' LENGTH = 186.27' s 4,F UTILITY ESMT. /^ REC. NO. 201205110003 / / UTILITY ESMT. REC. NO. 20120511000340 N1219'43"W 30.78' N34'38'46"E 35.50 4°38'46"E .50' 40' X 40' ACCESS ESMT. SEE NOTE # 7 SQ. I / / / s s90 0o A�Q 0EL Tq / RA01 _ US � 034320. LEA/Gm.,, 2541.5p. 165 08' UTILITY ESMT REC. NO. 20120511000340 7,5^ se/Pit -4T4"'YPO DELTA = 0318'01" RADIUS = 2553.50' LENGTH = 147.08' STORM DRAINAGE ESMT. REC. NO. 5706242 \ STORM DRAINAGE ESMT. REC. NO. 5706242 0222049037 20.00' 20.00'—/ 20' STORM DRAINAGE ESMT. REC. NO. 5706242 0222049033 FDT-7 SEE NOTE # 9 0222049040 DELTA = 1225'52" RADIUS = 2541.50' LENGTH = 551.41' 3523049017 S67'44'21 -"E 11.00' DELTA = 0731'16" RADIUS = 2552.50' LENGTH = 112.31' UTILITY ESMT. REC. NO. 20120511000340 / / BEGINNING OF 18' TRAIL ESMT. A.F.N. 20150716000578 VOLUME PAGE SHEET 10 OF 23 NORTH END OF RIVER PROTECTION ESMT. A.F.N. 5113279 (UNKNOWN WIDTH) DELTA = 2910'21" f RADIUS = 300.00' LENGTH = 152.75' 18' TRAIL ESMT. A.F.N. 20150716 0005 78 EZ,,, DENOTES CENTURYLINK ESMT. REC. NO. 20141002000498 DENOTES COMCAST ESMT. REC. NO. 20141121001572 ADT -7 SEE NOTE # 9 30' LEVEE ESMT. REC. NO.'S 6182821 AND 9108210299 i • • • SEE SHEET 12 OF 23 100 0 • • ,69p°66 pp0 , P \\�, • 0'e.:C) 'e • GRAPHIC SCALE 50 100 200 400 ( IN FEET ) 1 inch = 100 ft. • DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED 0• ;0 �\ 0838 3523049041 0222049033 •• DELTA =10'36'49" RADIUS = 800.00'. LENGTH = 148.19' RIVER PROTECTION ESMT. REC. NO. 20150616000300 18' TRAIL ESMT. A.F.N. 20150716000578 RIVER PROTECTION ESMT. A.F.N. 20150616000300 JW GREEN -- RIVER O weft W co SHORELINE SETBACK LINE 0 0 (ri 68me 1.63. S 87°58'20" E SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEGALEPROPERTIES.COM C:\Documents anal Sgttings\jbabcock\Local Settings\My Documents\TOSHIBA HARD DRIVE FILES\PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:20:13 PM City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan©tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 BEGINNING OF 18' TRAIL ESMT. A.F.N. 20150716000578 TUKWILA SOUTH — PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. N NORTH END OF RIVER PROTECTION ESMT. A.F.N. 5113279 (UNKNOWN WIDTH) DELTA = RADIUS = LENGTH = 18' TRAIL ESMT. A.F.N. 20150716000578 IIEMEMMIEI N 0 W 141W 0 0' LEVEE ESMT. EC. NO.'S 6182821 AND 9108210299 3523049041 1-1;11".-17' n4an33 2910'21" 300.00' 152.75' N`o'4o' 8 ja" • DELTA =10°36'49" RADIUS = 800.00' LENGTH = 148.19' N \ \ /9ifrFR 2225-2222 \ RIVER PROTECTION ESMT. REC. NO. 20150616000300 18' TRAIL ESMT. A.F.N. 20150716000578 RIVER PROTECTION ESMT. A.F.N. 20150616000300 SHORELINE SETBACK LINE FDT-7 SEE NOTE # 9 35 2 !i!4',, ` •DELTA = 28.10'44" ' -zzRADIUSz 400.00'` '9 LENGTH = 196.7.3' • � WESTERLY EDGE OF A 10' ACCESS ESMT. A.F.N. 20150616000300 DELTA = 16'46'15" RADIUS = 500.00' LENGTH = 146.35' 30' LEVEE ESMT. REC. NO.'S 6182821 AND 9108210299 DELTA = 75'54'03" RADIUS = 400.00" LENGTH = 529.89' VOLUME PAGE SHEET 11 OF 23 \N QA;',1„ \ \ • • DELTA = 42'56'03" RADIUS = 400.00" LENGTH = 299.74' • • • RIVER • • 0 LC) - BABc ��<Doo 00 ` of sy /WA -- GREEN MI MI RIVER MO 100 0 50 681.63 S 87'58'20" E - -- •- GRAPHIC SCALE 100 200 -- 400 ( IN FEET ) 1 inch = 100 ft. 0/* • // i/ c‘,. / / / DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED SOUTH END OF RIVER PROTECTION ESMT. A.F.N. 5113279 I (UNKNOWN WIDTH) / / [ SEGALE PROPERTIES i A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW.SEGALEPROPERTIES. COM C:\Documents and Settings\jbabcock\Local Settings\My Documents\TOSHIBA HARD DRIVE FILES\PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 1121/201712:21:28 PM 91 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. 17-0068 j7.3b'29" E 79 9i. Ico. I RIGi i WAY ��- 248.50 - /0' \ \'1'Fc y-97. \ \'v0`.'4/ ' I 1 \\•2tiF \\0/S Fs I \ \022 L/T ;� I \\6'00 h a \\ co \ \ TUKWILA SOUTH - PHASE 1 VOLUME PAGE SHEET 12 OF 23 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. SEE SHEET 9 OF 23 S " h9-• •n � Orr- '��. SAT P.S.E. ESMT. A.F.N. 20150108000624 \\\ \ \\\\ \ \\ \ \ \\\ / / \ \ \� Fc \ \ \ \' 4i014 \ N ,--D0 %F / / 3 // / / / 7 „co 0222049057 0^ 0oa '\° / / Q k' / ® / // r'29� 1 / 1 SOF II �1 CD III Z'7)..o CA I hepl DELTA = 0026'27" I o`� RADIUS = 2041.50' LENGTH = 15.71' DELTA = 02°45'41" RADIUS = 2041.50' LENGTH = 98.39' A 1 1):1• �1 S*ti 6h1�o �. 5 4 [_ Is I 0 i 02738„ 57.85 = 05°48'56" 1$ = 2053.50' TH = 208.43' W (R) 72.00. / L -/' ///II /I JV / I 140 i / / 535n �him II 15 / / / / /5,/ / / 1' DELTA = 15'36'02" RADIUS = 1958.50' LENGTH = 533.26' 7 757 /s 1/SO, / N66°41'24"E 30.51' N12'S1'40"W 8.77' --1\157'4511 0' 0) 10 Sr N f61�ti p0 4 / r156 N 0222049043 co .R) C 4/6'7. )� N� / 4 CO / 563°39'11"E (R) 13.00' 20' INGRESS / EGRESS ESMT. REC. NO. 8509111053 JIP / DELTA = 08'17'57" RADIUS = 1958.50' LENGTH = 283.69' UTILITY ESMT. REC. NO. 20120511000340 NI1 °1 55"W 25.. 8'' DELTA = 113°59'59" . / RADIUS = 50.00' "' / LENGTH = 99.48' e '4o• / JPO°. //S, (� / N83°00'46"E 30.10' 0- UTILITY ESMT. REC. NO. 20120511000340 LEVEE ESMT. REC. NO. 9109051216 POWERLINE ESMT. REC. NO. 7905040718 N DELTA = 03'57'12" RADIUS = 1945.50' .LENGTH = 134.24' S67°36'23"E (R) 21.50' DELTA = 0315'57" RADIUS = 1924.00' LENGTH = 109.67' 66' X 40' ACCESS ESMT. SEE NOTE # 7 S70°52'20"E (R) 34.50' UTILITY ESMT. REC. NO. 20120511000340 =MO f i UTILITY ESMT. REC. NO. 20120511000340 IIN 4044 I- I J /5. sT / D TRANSMISSION LINE ESMT. A.F.N. 20130312000589 FDT DENOTES CENTURYLINK ESMT. REC. NO. 20141002000498 DENOTES COMCAST ESMT. REC. NO. 20141121001572 SEE SHEET 15 OF 23 11/21/17 a 100 0 50 2/ 50"w 51/ / /s/ UTILITY ESMT, REC. NO. 20120511000340 N12'19'43"W 30.78' N34'38'46"E 35.50' \/ 40' X 40' ACCESS ESMT. SEE NOTE # 7 N34°38'46"E 35.50' 0222049043 4 0222049057 s�r3 , SkS S2B„ 38' F RIVER PROTECTION ESMT. A.F.N. 910905218 SEE SHEET 10 OF 23 20.00' 20.00' 20' STORM DRAINAGE ESMT. REC. NO. 5706242 0222049033 DT -7 SEE NOTE # 9 / 0222049040 J , RIVER LEVEE ESMT. i T A.F.N. 910905217 / r7 I 1/I , I , 1/ I Co colo RIVER PROTECTION ESMT. N-cv REC. NO. 20150616000300 I �I if o I;,,, /1 / I I , 1 k / / / / //1 I / Q. ,,z) / / o 0 0 I / , � �// / c ^o N I / Noo /I r/ I vQ j Z Chi ,, / /,/ aha ,� lI ,/ °'�I, o I / 0/ // 5 /I / -I /`/ / /r / I �co ,:o 18' TRAIL ESMT. REC. NO. 20150716000578 (R) DELTA = 110°34'52" RADIUS = 30.00' -LENGTH = 57.90'- WESTERLY EDGE OF A 10' ACCESS ESMT. A.F.N. 20150616000300 SEE NOTE # 4 4 GRAPHIC SCALE 100 200 i / 1/ ^/ / / / I / /f co // r/ / co • ♦ 0 0. DELTA = 1223'52" RADIUS = 800.00' LENGTH = 173.10' DELTA = 0610'56" RADIUS = 720.00/ LENGTH = 77.64' / N68'06'59"W (R) 10.00' / / N SPACE TR DELTA = 3110'24" RADIUS = 250.00' LENGTH = 136.02' DELTA = 20°52'12" RADIUS = 106.50' LENGTH = 38.79" 400 ( IN FEET ) 1 inch = 100 ft. / / / DENOTES BRASS MON. IN CASE SEE SHEET 16 OF 23 / CT42 / RNSEGALE PROPERTIES / A LIMITED LIABILITY COMPANY COMMERCIAL* INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEG ALEPROPERT I ES. COM C: \ Documents an6Stings \jbabcock \ Local Settings \ My Documents \ TOSHIBA HARD DRIVE FILES \ PARKWAY 2013 \ PARKWAY 2011 \dwg \TUI(WILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:22:42 PM City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. 17-0068 TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. i / • • / o�'Ps / vi)s9CSX% / �zXo9 /' ♦I/' P4- / zoo ♦ �h �0 O� O' // 'S F- / / 'p0 -----,,,s, • 0 ♦ /L5,,,(4)ST p0,00Q,3 F • xs� ( 'QS • 06, / • • 70 . oo, /h°' /// A ♦ r • / DELTA = 10'55'12" RADIUS = 1432.40' LENGTH = 273.00' / t ♦ / , DELTA = 10'55'12" /\ RADIUS = 1,390.40' • LENGTH = 265.00' / , ♦ / $ DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED BA8 \\\\\o co S OF°WAS/ • 30429 apo ���� FS�o A TSTA o SJ�� L DELTA RADIU: LENGT 32539 346.55' S802124„E 0322049047 FDT-8 E= DENOTES CENTURYLINK ESMT. REC. NO. 20141002000498 DENOTES COMCAST ESMT. REC. NO. 20141121001572 20' UTILITY ESMT. = 58'08'02” = 150.00' I = 152,19' SEE SHEET 14 OF 23 100 0 50 GRAPHIC SCALE 100 200 ( IN FEET ) 1 inch = 100 ft. Thsc 21.16' 4/ >----------- cP 400 152 85, S` 426" VOLUME PAGE SHEET 13 OF 23 SEE SHEET 9 OF 23 g o -1 T OF WAY 246.50 - '1'0 /P/ N, 2 /1'F \0/3 FS \ \022 �� \\ co 5 5 N38'28'23"E 12.78' w' N p2 <9 c�Q O O I •'O 'AR o /O• X72., ♦O 6•/j, 0 ♦� N N 77°36 2g, t::::1,.9.1151 . 79' \ I P.S.E. ESMT. A.F.N. 2015C SAT 3 / / / / 0222049057 / / / / / Q' k• O rn 0 s� DELTA = 00°26'27" I o RADIUS = 2041.50' LENGTH = 15.71' I DELTA = 02'45'41" I S 0.2738- E RADIUS = 2041.50' LENGTH = 98.39' L. A ' I �c•• `�\ I 0� • /I ---7 L _7( / SS♦ /// /�1 �o ! DELTA = 05'48'56" / / ,,�� qk RADIUS = 2053.50' 2;v ,\h-3 LENGTH = 208.43' co ♦ /5 7 SO S6371. 13.0C I [4_ 20' INGRESS / I 371'4923'Z07 ocr UTILITY ESMT. REC. NO. 20120511000340 DELTA = 06'06'58" RADIUS = 2041.50' LENGTH = 217.92' /1/).0,6,0614/ (R 7200 C co SEE SHEET 15 OF 23 DELTA = 15'36'02" RADIUS = 1958.50' LENGTH = 533.26' 21.5 SEE NO UTILITY ESMT. REC. NO. 20120511000340 REC. NO. 20120511000340 UTILITY ESIvIT. Lu co (Ci/ SEGALE PROPERTIES / A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 C: Documents and Settings \jbabcock \ Local Settings \ My Documents \ TOSHIBA HARD DRIVE FILES \ PARKWAY 2013 \ PARKWAY 2011 \dwg \TUI(WILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:24:03 PM 93 N City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan©tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. // ♦/ ♦/ N 69.0 TOTAL CURVE DELTA = 35'39'23" RADIUS = 1187.92' LENGTH = 739.27' / 20' DELTA RADIUS LENGTH UTILITY DELTA RADIUS LENGTH ESMT. 10' POWEIil LINE ESMT, REC. NO. 19991213000323 = 29°58'28" = 1013.00' = 529.95' 89°12'47" 60.00' 93.42' 32.09' ♦• ♦ / DELTA ♦ / RADIUS ♦ / LENGTH 11$7 • / /117 42' • / •/ "J•• / / • Q" • / 75/l 94 0544 39" e 20' UTILITY ESMT. 40' X 40' ACCESS ESMT. SEE NOTE # 7 p r15' FRONT YARD SETBACK 7___r_i_i__ 29.91' i SEE SHEET 13 OF 23 FDT-8 20' UTILITY ESMT. = 78'58'22" = 256.48' = 353.52' 40' X 40' ACCESS ESMT. SEE NOTE#7 DELTA = 12°26'45" RADIUS = 1187.92' LENGTH = 258.04' OGDY • / 25, / • �o Al 75. 25\ \ 2452" s I 01 107.13' .587.44'18"E 0322049100 1 0 CO N) 0 0 DELTA = 58°08'02" RADIU = 150.00' LENGTH = 152.19' 3 os -----780.10- -��--� 922.20 24.15' KENT R.O.S. 1022.81' CALC. S 89°53'50" W S 89°53'50" W 259.57' - ▪ o L 115' FRONT YARD SETBACK 20' UTILITY ESMT. FDT- 2649.02' -47 64' N) Iz LO 325.39' 20' UTILITY ESMT. 346.55' S 802724„ E VOLUME PAGE SHEET 14 OF 23 F. 27.76' C1Oj tx II I I I I I I w CO O Lri N I ISI I I I I I I I N N 40' X 40' ACCESS E MT.I SEE NOTE#7 1 I 11 11.54' 120' 12.10' 20060▪ 607900015) S- 200TH ST. , EXISTING PUBLIC RIGHT-OF-WAY ▪ ▪ 280.34' _▪ a- 20' UTILITY ESMT. I L NO025'16" W 7.11' S •07'51'56" E 53.05' 1,4V o• c 55� � (,,� �b0322049093 r 0 �rw N CO z DELTA = 16°04'20" S 79.4645,.,79' E Ls. LP- SEE SHEET 19 OF 23 3� "'VA L LAN 4 100 0 50 GRAPHIC SCALE 100 200 DELTA = RADIUS = LENGTH = SAT -5 75°34'28" 92.50' 122.01' S89'55'58"E 106.59' NATIVE GROWTH PROTECTION ESMT. A.F.N. 20130104000276 ARMY CORPS OF ENGINEERS COVENANT A.F.N. 20110603000425 -25' UTILITY ESMT. T FDT-6 '5285' S 76°44,26 DELTA = 03'48'58" RADIUS = 7042.00' LENGTH = 469.02' STORM DRAINAGE FACILITY ESMT. A.F.N. 20140530000825 E SEE SHEET 15 OF 23 [15' FRONT YARD SETBACK 2571' CgCC. � 111,67' r -- .1\1.89°,53'50 556.88' E I I I 40' X 40' ACCESS ESMT. SEE NOTE # 7 $ DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED 400 ( IN FEET ) 1 inch = 100 ft. • - - - - R=704270(7 L=557.88' R=7000.00 588.28' N 89°53'50" E -�---- n C' 15' FRONT YARD SETBACK JOHNSON CREEK FEMA 100 YR. FLOOD ZONE SEE NOTE # 6 0222049015 7 SEE SHEET 18 OF 23 SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEG ALEPROPERT I ES. COM C:\Documents and Settings\jbabcock\Local Settings \My Documents\TOSHIBA HARD DRIVE FILES \PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:25:17 PM SEE SHEET 14 OF 23 0322049100 k-1 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan©tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 Co 0 Co 10 O 1024.15' KENT R.O.S. 20060607900015) 1022.81' CALC. TUKWILA SOUTH — PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. SEE SHEET 13 OF 23 20' UTILITY ESMT. II II I I F LLI� N 0o '6;) N n1 z I Z 40' X 40' ACCESS EMT. /SEE NOTE#7 I I 1201 12.10' 0322049090 11.54' S. 200TH ST. EXISTING PUBLIC RIGHT—OF—WAY rn 616.97' ^r--- 280.34' N E 20' UTILITY ESMT. N N00°25'16"W 7.11' aD 0322049092 DELTA = 75°34'28" RADIUS = 92.50' LENGTH = 122.01' J L 0322049006 FDT-6 DELTA = 03°48'58" RADIUS = 7042.00' LENGTH = 469.02' STORM DRAINAGE FACILITY ESMT. A.F.N. 20140530000825 T N 111.67' S89155'58"E 3'6> 106.59 SAT5 NATIVE GROWTH PROTECTION ESMT. A.F.N. 20130104000276 ARMY CORPS OF ENGINEERS COVENANT A.F.N. 20110603000425 Il(\0.\\\\\\\\\\\\\\\\\\\I//I////I//I/ILII//I////1l (97 V W N 0 0 In m LU r cV -1. 40' X 40' ACCESS SEE NOTE # 7 ESMT. [15' FRONT YARD SETBACK UTILITY ESMT. REC. NO. 20120511000340 DELTA = 06'06'58" RADIUS = 2041.50' LENGTH = 217.92' 20' WIDE UTILITY ESMT. 1 15' FRONT YARD 15' SETBACK 1 115' 1 I� ICo N UTILITY ESMT. I REC. NO. 20120511000340---1-41 17 S40 02 02 „w 25,54• 571'CALL 5715045"W 24.90' REC. R= 7042.00' L=557.88' R=7000.00 - - 588.28' N 89°53'50" E a .N.89'53'50." E 556.88' � 15' FRONT YARD SETBACK O JOHNSON CREEK FEMA 100 YR. FLOOD ZONE SEE NOTE # 6 SEE SHEET 18 OF 23 0222049015 GRAPHIC SCALE >- x-115 �� I W W L7 ao 15' IO I0 N I(7) Nr Nr —f T UTILITY ESMT, REC. NO. 20120511000340 cc Ij: 1�� VOLUME PAGE SHEET 15 OF 23 SEE SHEET 12 OF 23 15'1 1-"----15' FRONT YARD SETBACK 151 Co to o UTILITY ESMT. REC. NO. 20120511000340 UTILITY ESMT. REC. NO. 20120511000340 525'44'33"E 2568°17:2CA C, 27.p1' REC. 27.80 DELTA = 02°55'50" RADIUS = 6958.00' LENGTH = 355.88' -- L=226.25' R=7000.00 i L - FDT-5 SEE NOTE # 6 SEE NOTE # 10 O CD LCA O N 00 0222049011 SEE SHEET 16 OF 23 WESTERLY EDGE OF A 10' ACCESS ESMT A.F.N. 20150616000300 FDT-4 DENOTES CENTURYLINK ESMT. REC. NO. 20141002000498 DENOTES COMCAST ESMT. REC. NO. 20141121001572 10 25' STORM DRAINAGE FACILITY ESMT. A.F.N. 20140530000825 DELTA = 01°11'42" RADIUS = 7042.00' LENGTH = 146.88' MI 15' FRONT YARD SETBACK 1121 OM MI S 83°4:0f E UTILITY ESMT. REC. NO. 20120511000340 JOHNSON CREEK FEMA 100YR. FLOOD ZONE SEE NOTE # 6 $ DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED 100 0 50 100 200 400 ( IN FEET ) 1 inch = 100 ft. N J I 9.14 2-� ------- S7g2_ 44.' E S 83'41'05" 14. C 5 8341 0 505.88' S 83'41'05" E 655.26' 0222049015 a - �' SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEGALEPROPERTIES. COM C:\Documents and Settings\jbabcock\Local Settings\My Documents\TOSHIBA HARD DRIVE FILES \PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 1121/201712:26:38 PM 95 N 0 CO W City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan©tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 WESTERLY EDGE OF A 10' ACCESS ESMT. A.F.N. 20150616000300 FDT-4 DELTA = 0111'42" RADIUS = 7042.00' LENGTH = 146.88' 15' FRONT YARD SETBACK \ S 83°41'05" E 14,04' 83°41'05" E �..��.221 S 7924'44» . 3620� 9'�.I. 75' FRONT YARD—SETBACK 4ROSET ACK ' • 13 8 10' 25' STORM DRAINAGE FACILITY ESMT. A.F.N. 20140530000825 18' TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. SEE SHEET 12 OF 23 ti Co N■o crl cso i / N DELTA = 31°10'24" RADIUS = 250.00' LENGTH = 136.02' DELTA = 20°52'12" RADIUS = 106.50' LENGTH = 38.79" • RIVER PROTECTION ESMT. REC. NO. 6182821 0 coO 4 o� RELOCATED 0.H.W.M. SUMMER OF 2014. ( ACTUAL 0.H.W.M. IS AT ELEV. 14' +/- DATA SHOWN FOR MATHEMATICAL CLOSURE PURPOSES ONLY. ) Wi 49/.85' S3°�105= 505.88 S 83°41'05" E 655.26' • a. N. DELTA = 114'04'58" RADIUS = 170.00' LENGTH = 338.49' N 02'13'35" E 20.21 181.67' S 86'36'33" F • • RIVER PROTECTION ESMT. REC. NO. 20150616000300 o o Os LP c9 \ 4 \-\ 4 \DELTA = 52°33'05" 4 �j�� \ LENGTH = 68.79' \ \ \ ▪ S 7840, �/ 25" E • Oy/I • i/ 1 553 �S2 0, \ DELTA = 08'05'52" \ F RADIUS = 872.50' DIUS = 75.00' SAT -4 L35.9fi' ..�- -,\11 S 89°48'04'- E S. 200TH ST. 2 FDT-5 SEE NOTE # 6 SEE NOTE # 10 0222049015 SEE SHEET 17 OF 23 L=346.33 Tan=175.24. A=21'34'07" R=920.00 \LEN H = 123.31'u, o . 1„,11..31 X81 °0 69 55 50 E 410 N 88°3405" E .89' 26 ----- 221 ---N3518'••1 DELTA = 06°13'32" RADIUS = 616.96' LENGTH = 67.04' DELTA = 26'48'03" RADIUS = 625.00' LENGTH = 292.35' RIVER PROTECTION ESMT. REC. NO. 20150616000300 N76pp,4 S 01'36'33" E 12.71' DELTA = 17°59'37" RADIUS = 438.50' LENGTH = 137.71' DELTA = 19'54'28" RADIUS = 182.00' LENGTH = 63.24' SEE NOTE # 4 WESTERLY EDGE OF A 10' ACCESS ESMT. A.F.N. 20150616000300 GRAPHIC SCALE 100 0 50 100 200 (R)I • DELTA RADIUS LENGTH = 0716'16" 750.00, 95.18' ■ CC W 7 I H CC ■CE Z ( v \ \ FLOODW ESMT. A.F.N. 9 5231407 VOLUME PAGE SHEET 16 OF 23 L 4 V_TOTAL CURVE LENGTH = 586.58' 32.3 4 sv 400 1 inch = 100 ft. • • / 18' TRAIL ESMT. REd. NO. 20150716000578 DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED lai A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES SEOALE PROPERTIES P.O. BOX 88028* TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C"* TUKWILA, WA. 98188-4798 T 206 575-2000* F 206 575-1837 C: \ Documents anblbtings \jbabcock \ Local Settings \ My Documents \TOSHIBA HARD DRIVE FILES \ PARKWAY 2013 \PARKVVAY 2011 \dwg \TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:27:50 PM I 6.4444. la a a. City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 DELTA = 0111'42" RADIUS = 7042.00' LENGTH = 146.88' n /5' FRONT YARD SETBACK 83°41'0,5"E w. . X29 10' 25' STORM DRAINAGE FACILITY ESMT. A.F.N. 20140530000825 491,85' S 83.41'05" E 14.04' S 8,3I1r "- 505.88 S 83'41'05" E 655.26' a. 000340 S 79 24,44„ � - 362 09' .I 15' FRONT YARD SET8.4CKJ ' 132 , • .. TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. DELTA = 114°04'58" RADIUS = 170.00' LENGTH = 338.49' N 02'13'35" E 20.21 181.67' S 86°36'33' E 4 DELTA = 52°33'05" 0,9,\DIUS = 75.00' LENGTH = 68.79' \ � \ \ E \ S 784025" �, oy� R \ N 10•�1'� Ssj2�8]o29,gy L. _ 14'+ � 115 `s23°. \D D LTA = 08'05'52" \ F RADIUS = 872.50' - SAT -4 135.96' S 89°48'04' E N oeft� y W I I - - 286.33' - S 8818'13" E RD -2 STORM DRAINAGE FACILITY ESMT. REC. NO. 20140530000825 .S.8914'54'.' E 1055.57' N 89°19'56" W 460.59' S 89 22 002"T a FDT-5 SEE NOTE # 6 SEE NOTE # 10 L=346.33 Tan=175.24. A=21'34'07" R=920.00 \LEN H = 123.31'0, o_ 18�\. N 81 08 48 E DELTA = 0613'32" RADIUS = 616.96' LENGTH = 67.04' .N 883405" E ..� 40 221.89' _ w5.13'2 DELTA = 26°48'03" RADIUS = 625.00' LENGTH = 292.35' RIVER PROTECTION ESMT. - REC. NO. 20150616000300 /I DELTA RADIUS LENGTH 10?122 •0d5\9 659 69.55 ■ i I I I N/6 00 4�,, S 01°36'33" E 12.71' DELTA = 17.59'37" RADIUS = 438.50' LENGTH = 137.71' S 1623'04" W 32.3' DELTA = 19.54'28" RADIUS = 182.00' LENGTH = 63.24' SEE NOTE # 4 WESTERLY EDGE OF A 10' ACCESS ESMT. A.F.N. 20150616000300 N) / / 100.74'1 „.4, 224.40' (fid �' 04 E ��, / / 18' TRAIL ESMT. REC. / / 410. 20150716000578 / RIVER PROTECTION ESMT. REC. NO. 20150616000300 CUL DE SAC ESMT. REC. NO. 9705231406 - - - -- KING CO. DRAINAGE DIST. # 2 / S. 204TH ST. S 8919'53" E 818.22' S��NAL°LAND SJ 11/21/17 832.69' 100 / • • • • DELTA = 14'36'19" / • RADIUS = 613.47'i/ • LENGTH = 156.38' / 560 • • • /44 •� �Q 0 GRAPHIC SCALE 50 100 200 x' 400 ( IN FEET ) 1 inch = 100 ft. • • co • i VOLUME PAGE SHEET 17 OF 23 SEE SHEET 16 OF 23 = 07.16'1,6" 750.00'. 95.18' ij FLOODOY ESMT. A.F.N. 9705231407 cc 0 / OPEN SPACE TRACT 1 I I I j%' ITOTAL CURVE DELTA = 44°57'51" • RADIUS = 750.09' • LENGTH = 588.58' 18' TRAIL ESMT. REC. NO. 20150716000578 PUGET SOUND ENERGY ESMT. REC. NO. 20120801001114 i • DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED ggi' SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEG ALEPROPERT I ES. COM C:\Documents and Settings \jbabcock\Local Settings \My Documents\TOSHIBA HARD DRIVE FILES \PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:29:13 PM 97 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 0UTILITY ESMT. K TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. 40' X 40' ACCESS • EMT. /SEE NOTE #7 Ni 2011 11.54' 780.1.(2'. 12_2.10' 2.20 (1024.15' KENT R.O.S. 20060607900015) 1022.81' CALC. 2649.02' S. 200TH ST EXISTING PUBLIC RIGHT-OF-WAY cyi -- 616.97' ---�-} 77.06' C 280.34' _N S 07°51'56" E 53.05' a / d t\ 0322049093 ��Y o BAaL0 20' UTILITY ESMT. N00°25'16"W 7.11' 0322049092 DELTA = 75°34'28" RADIUS = 92.50' LENGTH = 122.01' 111.67' S89°55'58E SSS 106.59' SAT5 NATIVE GROWTH PROTECTION ESMT. A.F.N. 20130104000276 ARMY CORPS OF ENGINEERS COVENANT A.F.N. 20110603000425 JOHNSON CREEK FEMA 100YR. FLOOD ZONE SEE NOTE # 4 1073.60' 5 .99'46'09".W. CO w N 0 0 cn 7.0 of d- 1 r SEE SHEET 15 OF 23 N 40' X 40' ACCESS ESMT. SEE NOTE # 7 7 7 U) w STORM DRAINAGE FACILITY ESMT' 540.02 W A.F.N. 20140530000825 02, 25.54, 15' FRONT YARD SETBACK 25 71' CALL 2'371:50'451v - R= 7042.00' (N L=557.88' N- R=7000.00 N 89°53'50" E 588.28' N 89°53'50" E 556.88' 0 Z U Q 00 w o� 20' �--� 41 10' �I 11-d- 00 (Ni N L j20, T 7 • 80' REC IE --�--mmmmOmoimm.._ ft L1�5' FRONT YARD SETBACK JOHNSON CREEK FEMA 100 YR. FLOOD ZONE SEE NOTE # 6 0222049015 VOLUME PAGE SHEET 18 OF 23 `;``�""""",`;;,9 DENOTES CENTURYLINK ESMT. \,111,\»�li REC. NO. 20141002000498 DENOTES COMCAST ESMT. REC. NO. 20141121001572 UTILITY ESMT. REC. NO. 20120511000340 s25°56' 33"E 7.56' 2568°11; 23 C' 27.01, REC. 27.80 - - N oo DELTA = 02°55'50" RADIUS = 6958.00' LENGTH = 355.88' -- D L=226.25' R=7000.00 T = � SEE NOTE # 6 SEE NOTE # 10 CO 0 N 5 N N- DELTA = 0111'42" RADIUS = 7042.00' LENGTH = 146.88' j- 5' FRONT YARI L a. ON IN S 83°41'05" E 1111 I UTILITY ESMT. REC. NO. 20120511000340 7 7 JOHNSON CREEK FEMA 100YR. FLOOD ZONE SEE NOTE # 6 7 i DELTA = 88°50'16" RADIUS = 124.00' LENGTH = 192.26' DRAINAGE TRACT PER KING CO. COURT CAUSE NO. 47302 1640.07' N00'30'37"W / / / / / / / / / / / / 100 0 30.00' S 89°20'35" E 781.91 JOHNSON CREEK FEMA 100YR. FLOOD ZONE SEE NOTE # 6 RD -2 STORM DRAINAGE FACILITY ESMT. REC. NO. 20140530000825 S 89°07'48" E 173.15' JOHNSON CREEK FEMA 100YR. FLOOD ZONE SEE NOTE # 6 7 N • j 87,62 / 6p.39"E N85°39 22 E S1o,0�05 • "W, a/ j 89°01'39" E 1\180°36'03 �1a1' i 1639.88' S89°46'09"W 10.16' GRAPHIC SCALE 50 100 200 I 603.85' SOUTH LINE OF N.E. 1/4, 400 ( IN FEET ) 1 inch = 100 ft. S.E. 1/4 SEC. 3 7 7 zz 286.33' 7 2 S 88°18'13" / / / I 286.33' S 88°18'13" / / f STORM DR. REC. NO. 022204901 --a- -a- s89 ".E 1055.57' KING CO. DRAINAGE DIST. # 2 $ DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED KI S 8919'5: COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES N 89°19'56" W S. . i l SEGALE PROPERTIES A LIMITED LIABILITY COMPANY P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW.SEGALEPROPERTIES. COM C:\Documents and Settings\jbabcock\Local Settings\My Documents\TOSHIBA HARD DRIVE FILES \PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 1121/201712:30:23 PM City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 0 00 / TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUI. TY, SHINGTONI 62' I DELTA = 8912'47" RADIUS = 60.00' LENGTH = 93.42' / N (R� • ��• N VOLUME PAGE SHEET 19 OF 23 SEE SHEET 14 OF 23 32.09j 29.91' / • 's I "' 259.57' L_ ]15' FRONT YARD SETBACK f • 20' UTILITY ESMT. 40' X 40' ACCESS ESMT. SEE NOTE # 7 20' UTILITY ESMT. F_15' FRONT YARD SETBACK 780.10' 922.20 S 89°53'50" W S 89°53'50" W • i /DELTA = 78°58'22" • / RADIUS = 256.48' •// LENGTH = 353.52' 1157 I 42' TOTAL CURVE DELTA = 35°39'23" RADIUS = 1187.92' LENGTH = 739.27' DELTA RADIUS LENGTH S 4.0544 39" E 40' X 40' ACCESS ESMT. SEE NOTE # 7 0322049052 = 12'26'45" = 1187.92' = 258.04' j FD1-9 oN. Nco "•-• 1h CD 20. 0322049025 I oN cv X524 5 " i i • • csisn rn� 107.13' S8144'18'E 5 DELTA = 16'04'20" RADIUS = 1187.92' LENGTH = 333.22' NOT A PART N35°27'23" 5.44 `' N�2o2 6"W N89°14'58"W 30.51' DELTA = 18'56'51" RADIUS = 1240.42' LENGTH = 410.21' 25' UTILITY ESMT. N6614'13"W 17.16' N78'31'19"W 28.37' 5J3. 2 o.; O], t J C3; NI7'25'24"E 23.21' )�2 N2925'43"E 27.32' S 4450" E tP CP. LI; CP - U2 oTr--k 7 SAT -5 NATIVE GROWTH PROTECTION ESMT. A.F.N. 20130104000276 ARMY CORPS OF ENGINEERS COVENANT A.F.N. 20110603000425 7 THIS PORTION OF S. 204TH WAS CALCULATED USING AN UNRECORDED SURVEY BY SPROUT ENGINEERING DATED 1990 DELTA = 128'35'17" RADIUS = 63.89' LENGTH = 143.39' • • 0 TOTAL CURVE DELTA = 9321'45" RADIUS = 53.20' LENGTH = 86.69' DELTA = 2'13'02" RADIUS = 53.20' LENGTH = 27.13' 1073.60' S 89'46'09" W 7 DRAINAGE TRACT PER KING CO. COURT CAUSE NO. 47302 S. 204TH ST. 11/21/17 100 0 50 CRAP 100 =TIC SCALE 200 400 ( IN FEET ) 1 inch = 100 ft. - DENOTES BRASS MON. IN CASE UNLESS OTHERWISE NOTED 7 fs 2649.02' ,47.64; 77.06' S 07°51'56' 53.05' L., 0322049093 f 973.01' N 89'46'09" E S 89°46'09" W 790.16 CALC. 790.08' R.O.S. / 1073.60' SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEG ALEPROPERT I ES. COM C:\Documents and Settings\jbabcock\Local Settings\My Documents\TOSHIBA HARD DRIVE FILES\PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 12:32:01 PM 99 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 PARCEL 022204-9008 TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARER OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59'06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRA GER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44'15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT-OF-WAY DEED RECORDED UNDER RECORDING NO. 20121130002219; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3) AND A PORTION OF LOTS 16 AND 36, OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 022204-9011 PARCEL "F" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16-0046, RECORDED UNDER RECORDING NO. 20161024900004. (BEING TRACT SAT4, A PORTION OF OPEN SPACE TRACT 2, A PORTION OF LOTS 19, & 33, AND ALL OF LOTS 20 & 21 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9015 A PORTION OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: PARCEL 'A" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 12-011 AS RECORDED UNDER KING COUNTY RECORDING NO. 20130108900003. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING ALL OF OPEN SPACE TRACT 1, ALL OF RESERVE DRAINAGE TRACT 2, ALL OF PRIVATE ROAD ACCESS TRACT 2, A PORTION OF LOT 26, AND ALL OF LOTS 22, 23, 24 & 25 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 022204-9033 THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE, ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET,. THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TOA POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57' 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 352689T. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF OPEN SPACE TRACT 2, AND A PORTION OF LOTS 13, 14, 15, 16, 17, 18 & 19 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 022204-9037 THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, ATA POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, ATA POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOTS 16 & 17 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 022204-9040 THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOTS 16 & 17 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 022204-9043 PARCEL "D" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16-0046, RECORDED UNDER RECORDING NO. 20161024900004. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3) AND A PORTION OF LOTS 16, 17, 18, 19, 38 AND 36, OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 022204-9057 PARCEL "E" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16-0046, RECORDED UNDER RECORDING NO. 20161024900004) SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3) AND A PORTION OF LOTS 19, 37 AND 47, OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 022204-9061 VOLUME PAGE SHEET 20 OF 23 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 89°16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.W FEET; THENCE NORTH 02°40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02°40'47" EAST 68.04 FEET; THENCE NORTH 20°24'53" EAST 88.72 FEET; THENCE NORTH 49°0702" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40°52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ONA CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49°07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON -TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84°31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89°16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUKWILA ORDINANCE NO. 2239. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 4 (SAT4) OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 023900-0352 THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOTS 35 AND 36 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 032204-9006 PARCEL "B" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16-0046, RECORDED UNDER RECORDING NO. 20161024900004. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOTS 31, 33, 37 AND 47, AND ALL OF LOT 32 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 032204-9047 PARCEL "C" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16-0046, RECORDED UNDER RECORDING NO. 20161024900004 SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3) ANDA PORTION OF LOT 37 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 032204-9052 THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST % OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ATA POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR TESS, TO A POINT WHICH IS SOUTH 89° 11'06" WEST 1,34072 FEET AND SOUTH 01° 11'00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOTS 27 AND 28 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 032204-9090 THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1 OF THE NORTHEAST Y OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF- WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOT 32 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 032204-9092 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11'06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11'00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST QUARTER; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 5 (SAT5) AND A PORTION OF LOT 26 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 032204-9093 NEW PARCEL "B" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L16-0075 RECORDED UNDER RECORDING NO.20170501900005. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 5 (SAT5) AND A PORTION OF LOTS 26, 27 AND 28 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) ES SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 58H SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEG ALEPROPERT I ES. COM F:\JAYS SEGAIE0OJP BACKUP 11 21 17\PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 8:34:34 PM, Adobe PDF City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 PARCEL 032204-9100 TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST '/< OF THE NORTHEAST ''/< OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2- 18787-5 KNT; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOTS 29, 31, 32, 33, 34 AND 35, AND ALL OF LOT 30 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 262304-9065 THAT PORTION OF THE SOUTHEAST OF THE SOUTHWEST 14 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST % OF THE SOUTHWEST % OF SECTION 26; THENCE NORTH 87° 45' 57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST X, OF THE SOUTHWEST 4, A DISTANCE OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY; THENCE CONTINUING NORTH 87° 45 57" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 680 FEET, MORE OR LESS, TOA POINT ON A LINE WHICH IS PARALLEL WITH AND 39.0 FEET NORTHWESTERLY OF THE CENTER LINE OFA 19 FOOT RAILROAD EASEMENT ESTABLISHED BY INSTRUMENT RECORDED UNDER RECORDING NO. 6643573 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 16° 18' 55" EAST ALONG SAID PARALLEL LINE 92 FEET, MORE OR LESS, TO THE CENTER LINE OF A 40 FOOT DRAINAGE EASEMENT GRANTED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER RECORDING NO. 6233536; THENCE NORTH 50° 38' 32" WEST ALONG SAID DRAINAGE EASEMENT CENTER LINE 224 FEET, MORE OR LESS, TO THE WEST LINE OF THE SOUTHEAST 'A OF THE SOUTHWEST 14 OF SAID SECTION 26; THENCE SOUTH 00° 56' 36" WEST ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION TO THE TRUE POINT OF BEGINNING; TOGETHER WITH ALL RIGHTS IN THOSE CERTAIN 15 FOOT EASEMENTS RESERVED IN DOCUMENTS RECORDED UNDER RECORDING NOS. 7701050685 AND 7701050686; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT I (SAT1) ANDA PORTION OF NON -BUILDABLE TRACT I (NBT1) OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9009 THAT PORTION OF THE NORTHEAST ''A OF THE NORTHWEST % OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST OF THE NORTHWEST 'A; THENCE NORTH 87° 45' 57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST /< OF THE NORTHWEST %, A DISTANCE OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 11° 59' 33" EAST, ALONG SAID WEST MARGIN, A DISTANCE OF 41.27 FEET; THENCE NORTH 87° 45' 57" WEST A DISTANCE OF 229.11 FEET; THENCE SOUTH 42 ° 30' 27" WEST A DISTANCE OF 695.97 FEET; THENCE SOUTH 52° 44' 03" EAST TO THE SOUTH LINE OF THE NORTHWEST % OF THE NORTHEAST % OF THE NORTHWEST '/a OF SAID SECTION 35; THENCE WESTERLY, ALONG SAID SOUTH LINE, TO THE EAST LINE OF THE NORTHWEST 'A OF THE NORTHWEST OF SAID SECTION 35; THENCE NORTH 01° 49' 41" EAST, ALONG SAID EAST LINE, TO THE NORTHEAST CORNER OF SAID NORTHWEST %; THENCE SOUTH 87° 45' 57" EAST, ALONG THE NORTH LINE, OF SAID NORTHWEST %, A DISTANCE OF 831.10 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF SAID TRACT LYING WITHIN THE BOUNDARIES OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA-8-79, RECORDED UNDER KING COUNTY RECORDING NO. 7908230752; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 1 (SAT1) AND A PORTION OF NON -BUILDABLE TRACT 1 (NBT1) OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9013 PARCEL "A" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L16-00 70 RECORDED UNDER RECORDING NO. 20170605900032. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 2 (SAT2), A PORTION OF RESERVE DRAINAGE TRACT 1 (RD 1) AND A PORTION OF LOTS 40, 41 AND 42 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9015 NEW PARCEL "A" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER LI5-0005 RECORDED UNDER RECORDING NO. 20150318900001; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 2 (SAT2), A PORTION OF LOTS 3, 4, 5, 6, 39, 40, 41 AND 42 AND ALL OF LOT 8 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9016 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87° 59' 06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87° 59' 06" EAST 328.00 FEET; THENCE NORTH 16° 56' 40" EAST 262.12 FEET; THENCE NORTH 47° 11' 37" WEST TO THE EASTERLY RIGHT-OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT-OF-WAY DEED RECORDED UNDER RECORDING NO. 20150716000577, BEING A RE-RECORDING OF 20130916000016; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SA T3), A PORTION OF LOT 46 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9017 THAT PORTION OF GOVERNMENT LOT 7, SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY MARGIN OF COUNTY ROAD IN GOVERNMENT LOT 7, IN SAID SECTION ATA POINT SOUTH 89° 03' 20" EAST 1,656.75 FEET AND NORTH 00° 56' 40" EAST 1,048. 79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 374.00 FEET; THENCE NORTH 66° 02' 38" WEST 211.14 FEET TO A POINT WHICH BEARS NORTH 19° 59' 25" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 19° 59' 25" WEST 420.10 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOT 9 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9025 VOLUME PAGE SHEET 21 OF 23 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 01° 49' 41" WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35, A DISTANCE OF 757.08 FEET TO THE NORTHERLY MARGIN OF SOUTH 178TH STREET (P.J. MUSIEL COUNTY ROAD); THENCE NORTH 65° 22' 03" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 240.64 FEET; THENCE NORTH 47° 46' 03" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 341.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF PRIMARY STATE HIGHWAY NO. 1 (JUNCTION S.S.H. NO. 5A TO SOUTH 178TH STREET); THENCE NORTH 09° 32' 33" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 240.39 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 11,199.16 FEET, AN ARC DISTANCE OF 209.74 FEET, THROUGH A CENTRAL ANGLE OF 01° 04' 23", TO THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST % OF SAID SECTION 35; THENCE SOUTH 87° 45' 57" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 419.14 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED SOUTH 178TH STREET ADJOINING, PURSUANT TO ORDINANCE NO. 8238, RECORDED UNDER RECORDING NO. 20020322001963, WHICH UPON VACATION, ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 1 (SAT1) AND A PORTION OF LOT 2 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9027 THE NORTH 25.25 FEET OF THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W. M. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 87° 45' 57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 481.05 FEET, TO THE WESTERLY MARGIN OF THE SOUTHCENTER PARKWAY; THENCE SOUTH 11° 59' 33" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE CONTINUING SOUTH 11° 59' 33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE SOUTH 78° 00' 27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT ON THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH 20° 03' 27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET; THENCE NORTH 87° 50' 57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08 FEET TOA POINT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85° 35' 34", TO A POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE LEFT HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06° 16' 32", TO THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH 29° 42' 27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE NORTH 55° 08' 33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET TO THE TRUE POINT OF BEGINNING, AND FROM WHICH SAID TRUE POINT OF BEGINNING, POINT "A" WHICH IS TO BE USED FOR LATER REFERENCE HEREIN, LIES NORTH 37° 55' 55" EAST, A DISTANCE OF 173.09 FEET; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 62° 56' 38" WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 157.50 FEET, THROUGH A CENTRAL ANGLE OF 33° 34' 48"; THENCE NORTH 60° 38' 10" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 204.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 508.59 FEET, AN ARC DISTANCE OF 25.52 FEET, THROUGH A CENTRAL ANGLE OF 02° 52' 29"; THENCE NORTH 63° 30' 39" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 290.59 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 0l°49'41" EAST, ALONG SAID WEST LINE, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE EASTERLY, ALONG SAID SOUTH LINE, TO INTERSECT A LINE WHICH BEARS NORTH 52° 44' 03" WEST FROM THE AFOREMENTIONED POINT "A"; THENCE SOUTH 52° 44' 03" EAST TO SAID POINT "A", WHICH POINT IS THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630; THENCE SOUTH 37° 55' 55" WEST 173.09 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON; (BEING A PORTION OF SENSITIVE AREA TRACT I (SAT1) OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9034 NEW PARCEL "B" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L1 7-0004 RECORDED UNDER RECORDING NO. 201 706059 00031) SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 2 (SAT2), A PORTION OF NON -BUILDABLE TRACT 2 (NBT2), A PORTION OF RESERVE DRAINAGE TRACT 1 (RDI), AND A PORTION OF LOTS 40, 41 AND 42 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9036 NEW PARCEL "B" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L15-0005 RECORDED UNDER RECORDING NO. 20150318900001; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOTS 5, 6 & 7 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9038 PARCEL "D" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L13-005 RECORDED UNDER RECORDING NO. 20130227900005. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SAT1 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) 11/21/17 gll, SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE 'C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEG ALEPROPERTIES. COM F:\JAYS SEGALE LAPTOP BACKUP 11 21 17\PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 8:36:16 PM, Adobe PDF 101 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. L17-0068 PARCEL 352304-9041 TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET,. THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OFA 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT. THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00"AND AN ARC LENGTH OF 54.25 FEET. THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26"AND AN ARC LENGTH OF 44.41 FEET. THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT. THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING ALL OF PRIVATE ROAD ACCESS TRACT 1, A PORTION OF LOTS 9, 13, 14, 15 & 16, AND ALL OF LOTS 10, 11 & 12 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9045 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 87° 59' 06" EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 835.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87° 59' 06" EAST, ALONG SAID SOUTH LINE, 438.99 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76; THENCE NORTH 01° 53' 23" WEST, ALONG SAID MARGIN, 216.74 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 306.48 FEET, THROUGH A CENTRAL ANGLE OF 02° 52' 12", AN ARC DISTANCE OF 15.35 FEET TO A SURVEY MONUMENT ON THE SOUTH LINE OF THE NORTH 1,089.31 FEET OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35; HENCE NORTH 87° 57' 17" WEST ON THE SOUTH LINE, 331.09 FEET, MORE OR LESS, TO A SURVEY MONUMENT; THENCE NORTH 47° 11' 37" WEST 32.95 FEET; THENCE SOUTH 16° 56' 40" WEST 262.12 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT-OF-WAY DEED RECORDED UNDER RECORDING NO. 20121130002219; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3) AND A PORTION OF LOTS 16, 36 & 37 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9049 THE NORTH 490 FEET OF THE EAST 100 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 507.00 FEET. THENCE ALONG SAID SOUTH LINE SOUTH 89° 03' 20" EAST TO THE WESTERLY LINE OF COUNTY ROAD; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE OF SAID COUNTY ROAD, TO ITS INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35; THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE THEREOF, 100.00 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION 490.00 FEET. THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 1238.31 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG SAID WEST LINE TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THE ORILLIA ROAD EXTENSION; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF SAID ROAD TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND HERETOFORE CONVEYED TO KING COUNTY BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, RECORDS OF KING COUNTY, RECORDED UNDER RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE TO AN ANGLE POINT HEREIN; THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT, 731.2 FEET TO THE PLACE OF BEGINNING; EXCEPT ANY PORTION THEREOF LYING WITHIN A TRACT OF LAND CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 3353356; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOT 37 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9050 THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT-OF-WAY DEED RECORDED UNDER RECORDING NO. 20121130002219; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOT 37 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9051 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE ORILLIA ROAD EXTENSION, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 35; THENCE SOUTH 87° 56' 00" EAST ALONG EAST AND WEST CENTER LINE 960 FEET. THENCE SOUTH 53° 24' 59" WEST 727.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38° 42' 02" EAST 1144.63 FEET TO SOUTH LINE OF NORTHWEST QUARTER OF SOUTHWEST QUARTER; THENCE SOUTH 87° 57' 00" EAST ALONG SAID SOUTH LINE 100 FEET TO SOUTHEAST CORNER SAID SUBDIVISION; THENCE NORTH 04° 04' 00" EAST ALONG EAST LINE TO A POINT BEARING SOUTH 85° 56' 00" EAST FROM BEGINNING; THENCE NORTH 85° 56' 00" WEST TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION LYING WITHIN THAT CERTAIN TRACT CONVEYED TO CHARLES C. STRONG AND OTHERS, DATED JULY 5, 1904, AND RECORDED UNDER RECORDING NO. 322573; AND EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SC# 590470 FOR PRIMARY STATE HIGHWAY NO. 1.; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 2 (SAT2) AND A PORTION OF LOT 37 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9065 VOLUME PAGE SHEET 22 OF 23 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLIA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87° 58' 28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87° 58' 28" EAST 80 FEET; THENCE NORTH 15° 00' 00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87° 58' 28" WEST 80 FEET; THENCE SOUTH 15° 00' 00" EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOT 38 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9066 THAT PORTION OF THE SOUTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLIA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION,. THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TOA POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION. THENCE NORTH 26° 48' 20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87° 58' 28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15° 00' 00" EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOT 38 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9068 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 04° 04' 20" WEST, ALONG THE EASTERLY LINE OF SAID SUBDIVISION, A DISTANCE OF 490 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87° 57' 17" WEST, PARALLEL WITH THE NORTHERLY LINE OF SAID SUBDIVISION, A DISTANCE OF 843.32 FEET TO A POINT WHICH IS SOUTH 87° 57' 17" EAST 495 FEET FROM THE WESTERLY LINE OF SAID SUBDIVISION; THENCE SOUTH 282.00 FEET TO THE THREAD OF A CREEK FLOWING SOUTHEASTERLY; THENCE SOUTH 47° 11' 37" EAST 486.7 4 FEET TO A POINT ON THE THREAD OF SAID CREEK,' THENCE SOUTH 87° 57'17" EAST 338.76 FEET TO AN INTERSECTION WITH THE WESTERLY MARGIN OF MESS BROS. COUNTY ROAD NO. 76 (57TH AVENUE SOUTH) AS PRESENTLY LOCATED AND HAVING A TOTAL RIGHT OF WAY WIDTH OF 40 FEET; THENCE ALONG SAID ROAD MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 306.48 FEET, THE CENTER OF WHICH BEARS SOUTH 88° 40' 12" EAST, AN ARC DISTANCE OF 143.56 FEET; THENCE NORTH 28° 10' 08" EAST 191.48 FEET TO AN INTERSECTION OF SAID ROAD MARGIN WITH THE EASTERLY LINE OF SAID SUBDIVISION; THENCE NORTH 04° 04' 20" EAST 289.11 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 672088; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT-OF-WAY DEED RECORDED UNDER RECORDING NO. 20121130002219; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3) AND A PORTION OF LOTS 37 AND 39 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9078 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05° 44' 13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET. THENCE SOUTH 87° 57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT-OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87° 57' 17" EAST 61.01 FEET. THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT-OF-WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36-00; THENCE SOUTH 82° 46' 30" WEST 59.85 FEET. THENCE NORTH 07° 13' 30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 672088; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3) AND A PORTION OF LOT 39 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9090 PARCEL "C" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L16-0070 RECORDED UNDER RECORDING NO. 20170605900032. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOT 2 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9116 NEW PARCEL "A" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L15-0023 RECORDED UNDER RECORDING NO. 20150716900001; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOTS 6 & 7 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9117 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62° 10' 00"AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83° 13' 26" AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOT 16 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9118 NEW PARCEL "E" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L15- 0023 RECORDED UNDER RECORDING NO. 20150716900001; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF LOTS 3 AND 4 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) 11/21/17 ®'SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW.SEGALEPROPERTIES. COM F:\JAYS SEGA1E02JP BACKUP 11 21 17\PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 8:36:47 PM, Adobe PDF City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us CITY OF TUKWILA FILE NO. 17-0068 TUKWILA SOUTH - PHASE 1 BEING PORTIONS OF SECTIONS 26 AND 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. GENERAL NOTES: 1. DEVELOPMENT AGREEMENT THE PROPERTY THAT IS THE SUBJECT OF THIS PLAT IS SUBJECT TO THE 2009 DEVELOPMENT AGREEMENT BETWEEN LA PIANTA LLC ( PREDECESSOR IN INTEREST TO SEGALE PROPERTIES LLC) AND THE CITY OF TUKWILA (KING COUNTY RECORDING NUMBER 20090617000114). THE DEVELOPMENT AGREEMENT SETS FORTH OBLIGATIONS OF BOTH THE CITY AND SEGALE PROPERTIES LLC AND IN NO WAY, DOES APPROVAL OF THIS SUBDIVISION MODIFY OR ALTER THE TERMS OF THE DEVELOPMENT AGREEMENT OR THE OBLIGATIONS OF EITHER PARTY AS SET FORTH THEREIN. 2. THE ARTICLES OF INCORPORATION FOR CAOA, A WASHINGTON NONPROFIT CORPORATION, ARE ON FILE WITH THE STATE OF WASHINGTON. 3. THE CAOA IS CHARGED WITH IMPLEMENTING THE COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R'S) FOR THIS PLAT, WHICH CC&R'S SHALL BE RECORDED ON TITLE. 4. SHORELINE BUFFER SEGALE PROPERTIES LLC HAS CONSTRUCTED LEVEE IMPROVEMENTS THAT ALLOWED FOR THE SHORELINE BUFFER TO BE REDUCED. THEREFORE, THE SHORELINE BUFFER IS THE AREA OCCUPIED TO THE LANDWARD TOE OF THE LEVEE. 5. SEGALE PARK DRIVE C SEGALE PARK DRIVE C IS AN EXISTING PRIVATE ROAD THAT PROVIDES ACCESS TO THE EXISTING SEATTLE SOUTH BUSINESS PARK AS WELL AS FDT-2, 3, AND PHASE 1 LOT 1. AN EASEMENT FOR INGRESS/EGRESS OVER THE EXISTING SEGALE PARK DRIVE CAS SHOWN ON THE FACE OF THE PLAT ARE FOR THE BENEFIT OF FDT-2, 3 AND PHASE 1 LOT 1. 6. FLOOD PLAIN ELEVATION AND FILL PORTIONS OF FDT-5 ARE MAPPED AS WITHIN THE JOHNSON CREEK FLOOD PLAIN. PER FEMA FIRM #53033C0967F, THE JOHNSON CREEK FLOOD PLAIN ELEVATION IS 22 FEET NG VD 1929. THE APPROVED GRADING PLAN, GRADING PERMIT NO. PW10- 064, PROVIDED FOR ALL FINISHED SITE GRADES TO BE ABOVE THE FLOOD PLAIN WITH FINAL SITE GRADES UP TO 34.2 FEET NGVD 1929. 7. RECIPROCAL ACCESS EASEMENTS RECIPROCAL EASEMENTS FOR INGRESS/EGRESS AND UTILITIES, IN THE LOCATIONS SHOWN ON THE PLAT, ACROSS LOTS ARE FOR SHARED ACCESS ONTO SOUTHCENTER PARKWAY OR S. 200TH STREET. 8. NON -BUILDABLE TRACT TRACT NBT -1 IS NOT SUITABLE FOR DEVELOPMENT DUE TO UNAVAILABILITY OF UTILITIES AND/OR ACCESS. SUCH TRACTS ARE RESERVED BY SEGALE PROPERTIES LLC, ITS SUCCESSORS & ASSIGNS FOR FUTURE DEVELOPMENT, PROVIDED THAT NO DEVELOPMENT SHALL OCCUR NOR WILL THE CITY OF TUKWILA ISSUE ANY TYPE OF DEVELOPMENT PERMITS UNTIL: A) THE PROPERTY OWNER IS GRANTED APPROVAL BY THE CITY OF TUKWILA TO REMOVE THE NON - BUILDABLE TRACT STATUS BY GOING THROUGH A PLAT ALTERATION PROCESS PURSUANT TO RCW 58.17.215; AND B) UTILITIES AND ACCESS THAT MEET THE CITY OF TUKWILA'S ADOPTED STANDARDS ARE PROVIDED TO THESE TRACTS. THE CITY OF TUKWILA MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES THAT A FUTURE SUBDIVISION, SHORT PLAT OR PLAT ALTERATION ADJUSTMENT APPLICATION WILL BE APPROVED. ANY FUTURE SUBDIVISION, SHORT PLAT OR PLAT ALTERATION ADJUSTMENT WILL HAVE TO COMPLY WITH APPLICABLE CODE PROVISIONS AT THE TIME OF SUBMISSION OFA COMPLETE LAND USE APPLICATION AND THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC. 9. SURFACE WATER CONVEYANCE EASEMENTS ANY FUTURE LOTS WITHIN FDT-7 SHALL BE REQUIRED TO ALLOW THE CONSTRUCTION AND MAINTENANCE OFA STORM WATER CONVEYANCE SYSTEM ACROSS SAID LOT AT A MUTUALLY AGREED LOCATION, OR PROVIDE CONNECTION POINTS TO ALLOW ABUTTING LOTS WITHIN THE AREA OF FDT-7 TO CONNECT TO THE STORMWATER CONVEYANCE SYSTEM PROVIDING DRAINAGE TO THE SOUTHCENTER PARKWAY TRUNK STORM SEWER, AND SAID CONNECTIONS OR CONVEYANCE POINTS MAY BE, BUT ARE NOT REQUIRED TO BE, LOCATED IN PRIVATE ACCESS TRACT 1. ALL CONVEYANCE AND CONNECTION PROVISIONS CONSTRUCTED ON ANY SUCH LOT SHALL BE DESIGNED TO PROVIDE FLOW, AT A MINIMUM, WITH THE CAPACITY FOR FULLY DEVELOPED ON-SITE AND OFF-SITE TRIBUTARY AREA TO SAID LOT. THIS COVENANT SHALL RUN WITH THE LAND AND IS BINDING UPON THE OWNERS OF SAID PROPERTY, THEIR HEIRS, SUCCESSORS AND ASSIGNS. 10. SURFACE WATER CONVEYANCE EASEMENTS ANY FUTURE LOTS WITHIN FDT-5 SHALL BE REQUIRED TO ALLOW THE CONSTRUCTION AND MAINTENANCE OF A STORM WATER CONVEYANCE SYSTEM ACROSS SAID LOT AT A MUTUALLY AGREED LOCATION, OR PROVIDE CONNECTION POINTS TO ALLOW ABUTTING LOTS WITHIN THE AREA OF FDT-5 TO CONNECT TO THE STORMWATER CONVEYANCE SYSTEM PROVIDING DRAINAGE TO THE SOUTHCENTER PARKWAY TRUNK STORM SEWER, AND SAID CONNECTIONS OR CONVEYANCE POINTS MAY BE, BUT ARE NOT REQUIRED TO BE, LOCATED IN PRIVATE ACCESS TRACT 2. ALL CONVEYANCE AND CONNECTION PROVISIONS CONSTRUCTED ON ANY SUCH LOT SHALL BE DESIGNED TO PROVIDE FLOW, AT A MINIMUM, WITH THE CAPACITY FOR FULLY DEVELOPED ON-SITE AND OFF-SITE TRIBUTARY AREA TO SAID LOT. THIS COVENANT SHALL RUN WITH THE LAND AND IS BINDING UPON THE OWNERS OF SAID PROPERTY, THEIR HEIRS, SUCCESSORS AND ASSIGNS. VOLUME PAGE SHEET 23 OF 23 11. FUTURE DEVELOPMENT TRACTS TRACTS DESIGNATED WITH THE ACRONYM FDT ARE LANDS THAT INCLUDE ONE OR MORE FUTURE LOTS AND OR NBTS, WHICH LOTS AND TRACTS WILL BE FINALIZED AND RECORDED WITH LATER PHASES OF THE FINAL PLAT. 12. THE CITY OF TUKWILA HAS NO RESPONSIBILITY TO BUILD, IMPROVE, MAINTAIN OR OTHERWISE SERVE THE PRIVATE ROADS OR PRIVATE STORMWATER FACILITIES LOCATED WITHIN THIS PLAT. 13. FIRE, PARK AND TRAFFIC IMPACT FEES, AS APPLICABLE, WILL BE DUE AT THE TIME OF ISSUANCE OFA BUILDING PERMIT. 14. ALL NEW UTILITIES SHALL COMPLY WITH THE CITY OF TUKWILA'S UNDERGROUND ORDINANCE. 15. FINAL STREET NAMES OF THE PRIVATE STREETS SHALL BE DECIDED AT A FUTURE DATE AND SHALL BE MUTUALLY AGREED ON BY THE CITY OF TUKWILA AND THE PROPERTY OWNER. 16. EMERGENCY ACCESS EASEMENT A PERPETUAL NON-EXCLUSIVE EASEMENT FOR EMERGENCY ACCESS IS RESERVED FOR THE BENEFIT OF THE PROPERTY IN THIS PLAT, AND GRANTED TO ALL APPLICABLE GOVERNMENT CORPORATIONS AND DISTRICTS INCLUDING WITHOUT LIMITATION, FIRE, POLICE, AMBULANCE AND RESCUE SERVICES, AND OTHER LAWFUL PRIVATE EMERGENCY SERVICES, IN, ON, OVER, ABOVE, ACROSS AND THROUGH ANY PRIVATE ROADS OR SIDEWALKS IN THE PLATIN CONNECTION WITH THE PROVISION OF EMERGENCY SERVICES TO THE PLATTED LANDS. SEGALE I A LIMITED LIABILITY COMPANY COMMERCIAL * INDUSTRIAL * AGRICULTURAL * NATURAL RESOURCES P.O. BOX 88028 * TUKWILA, WA. 98138-2028 5811 SEGALE PARK DRIVE "C" * TUKWILA, WA. 98188-4798 T 206 575-2000 * F 206 575-1837 WWW. SEGALEPROPERTIES. COM F:\JAYS SEGALE LAPTOP BACKUP 11 21 17\PARKWAY 2013\PARKWAY 2011\dwg\TUKWILA SOUTH PHASE ONE 2017.dwg, 11/21/2017 8:39:10 PM, Adobe PDF 103 104 ti 1 L_- SAT- ftftm 1 ti� TERS TA TE 5 1 -• ftftft DENOTES FINAL PLAT PHASE ONE COMMON AREAS DENOTES F NAL PLAT PHASE 1 LOT 1 DENOTES F NAL PLAT PHASE 1 LOTS 2 AND .3 PHASE 1 FDT# DENOTES F NAL PLAT PHASE 1 FUTURE DEVELOPMENT TRACTS PHASE 1 DENOTES F NAL PLAT PHASE 1 NBT# NON -BU LDABLE TRACT DT 14 FDT-13 PHASE 1 TWP. 22 4 E.W.M. OPEN SPACE TRACT 2 400 0 200 Attachment D ( IN FEET ) 1 inch = 40 t. ------- DENOTES F NAL PLAT BOUNDARY RD-# DENOTES REG ONAL DETENTION TRACT SAT-# DENOTES SENS VE AREA TRACT OPEN SPACE TRACT 1 } m q 0 REVISION INF W - 1 - WW n0E-] Uz oQz- o=OU) - 2 O - o J is. - J O - 0 o c) w F- F- Zw�cn It fi >-QOF-W oQ F- - w ❑. Q F- W W F- O W Z d O O Z 0 I Q O zocnC CT. 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Box 88028 Tukwila, Washington 98138 Attn: Mr. Mark Segale Document Title(s) (or transactions contained therein): Declaration of Covenants, Conditions, Restrictions and Easements Grantor(s) (Last name first, then first name and initials): Segale Properties LLC Grantee(s) (Last name first, then first name and initials): Segale Properties LLC Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Full legal is on page 41 of document. Assessor's Property Tax Parcel/Account Number(s) 134505193.11 OCT 112017 t 111 134505193.11 112 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS E-nC IVE OCT 1 1 2011 TABLE OF CONTENTS Article 1. Definitions 2 1.1 Affiliate 2 1.2 Articles 2 1.3 Assessments 2 1.4 Association 2 1.5 Board 2 1.6 Budget 2 1.7 Business Day 3 1.8 Bylaws 3 1.9 City 3 1.10 Class A 3 1.11 Class A Member 3 1.12 Class B 3 1.13 Class B Members 3 1.14 Common Area Facilities 3 1.15 Common Areas 4 1.16 Common Expenses 4 1.17 County 5 1.18 Declarant 5 1.19 Declaration 5 1.20 Detention Tracts 6 1.21 Development Agreement 6 1.22 Directors 6 1.23 Easement Holders 6 1.24 Estoppel Fee 6 1.25 Facilities Easement 6 1.26 Final Plat 7 1.27 Final Plat Phasing Plan 7 1.28 First -Class Standard 7 1.29 Fiscal Year 7 1.30 Future Development Tract 7 1.31 Governing Documents 7 1.32 Governmental Authority 7 1.33 Impositions 8 1.34 Improvement 8 1.35 Index 8 1.36 Indexed Dollars 8 1.37 Law 9 1.38 Lease 9 1.39 Liabilities 9 1.40 Lot 9 1.41 Majority 9 1.42 Member 9 1.43 Membership 9 134505193.11 -11- 113 1.44 Mortgagee 10 1.45 NBT1 10 1.46 N G PA 10 1.47 Occupant 10 1.48 Official Records 10 1.49 Open Space Tracts 10 1.50 Owner 11 1.51 Permit or Permits 11 1.52 Permittees 11 1.53 Person 11 1.54 Personal Property 11 1.55 Preliminary Plat 11 1.56 Project Area 12 1.57 Property Manager 12 1.58 Public Areas 12 1.59 Reasonable Costs 12 1.60 Regular Assessments 12 1.61 Restricted Areas 12 1.62 SAMP 12 1.63 Segale 13 1.64 Special Assessments 13 1.65 Square Foot, Square Feet or Square Footage 13 1.66 Sublease 13 1.67 Subtenant 13 1.68 Tenant 13 1.69 Total Entitlement 13 1.70 Trail 13 1.71 Transfer 14 1.72 Transferee 14 1.73 Transfer Fee 14 1.74 Transferor 14 1.75 Voting Entitlement 14 1.76 401 Permit 14 1.77 404 Permit 14 Article 2. Property Subject to Declaration 15 2.1 Initial Project Area 15 2.2 Withdrawal of Property 15 2.3 Dedications and Related Transfers 15 2.4 Subdivisions 15 2.5 Exempt Property 15 Article 3. Common Areas 16 3.1 Title to and Use of Common Areas 16 3.2 Maintenance of Common Areas 16 3.3 Restricted Areas 17 3.4 Public Areas 17 134505193.11 114 3.5 Governmental Compliance of Common Areas 18 3.6 Acquisition of Common Areas by Association 18 3.7 Disposal of Common Areas by Association 18 Article 4. Easements 18 4.1 Easements for the Benefit of Governmental Agencies and Utilities 18 4.2 Easements for the Benefit of the Association and Occupants 19 4.3 No Merger 19 4.4 No Abandonment 19 Article 5. Estoppel Certificate 20 Article 6. Membership and Voting Rights In the Association 20 6.1 Organization 20 6.2 Membership 20 6.3 Qualification and Voting 20 6.4 Voting in Cases of Joint Ownership 22 6.5 Transfers 22 Article 7. Covenant for Assessments by the Association 23 7.1 Creation of Assessments 23 7.2 Covenant to Pay Assessments 24 7.3 Purpose of Assessments 24 7.4 Regular Assessments 24 7.5 Special Assessments 24 7.6 Limitation on Assessments 25 7.7 Allocation of Assessments 25 7.8 Commencement of Assessments 25 7.9 Enforcement of Assessment Obligation 25 7.10 Assessments for Impositions 26 Article 8. Powers and Duties of the Association 26 8.1 Designate Officers 26 8.2 Management and Control 26 8.3 Principal Office 26 8.4 Insurance 27 8.5 Utilities 29 8.6 Common Areas 29 8.7 Enforcement 29 8.8 Square Footage/Total Entitlement Monitoring 30 8.9 Contract and Make Payments 31 8.10 Engagement of Agents 31 8.11 Services 32 8.12 Taxes 32 8.13 Discipline 32 134505193.11 - iv - 115 8.14 Periodic Review of Financial Condition 32 8.15 Budget 32 8.16 Litigation 32 8.17 Delegation of Powers 32 8.18 Limitation on Liability of Officers and Directors; Indemnification 32 8.19 Right to Grant Easements 33 8.20 Segale's Right to Approve 33 Article 9. Enforcement 34 9.1 Abatement and Suit 34 9.2 Inspection 34 9.3 Failure to Enforce Not a Waiver of Rights 34 9.4 Enforcing Violations 35 Article 10. Termination and Amendment 35 10.1 Term 35 10.2 Amendments 35 Article 11. Rights of Lenders 35 11.1 Priority of Lien of Mortgage 35 11.2 Curing of Defaults 36 11.3 Availability of Documents 36 11.4 Conflicts 36 Article 12. Miscellaneous Provisions 36 12.1 Constructive Notice and Acceptance 36 12.2 Rights Under Other Documents 37 12.3 Public Infrastructure Financing 37 12.4 Completion of Construction by Owner 37 12.5 Notices 37 12.6 Liberal Construction 38 12.7 Singular Includes Plural 38 12.8 Effect of Invalidation 38 12.9 No Discriminatory Restrictions 38 12.10 Cumulative Remedies 38 12.11 Attorneys' Fees and Costs 39 12.12 Conflicting Provisions 39 134505193.11 116 -v- EXHIBIT A-1 EXHIBIT A-2 EXHIBIT B EXHIBIT C-1 EXHIBIT C-2 134505193.11 EXHIBITS Legal Description of the Project Area 42 Depiction of the Project Area 43 Properties Holding Easements to the Common Areas 43 Legal Description of the NGPA 45 Depiction of the NGPA 45 - vi - 117 118 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS This Declaration of Covenants, Conditions and Restrictions ("Declaration") is made this day of , 2017 ("Effective Date"), by SEGALE PROPERTIES LLC, a Washington limited liability company ("Declarant"). RECITALS Declarant owns certain real property in the City of Tukwila, King County, Washington (the "Project Area"), which Project Area is described in Exhibit A-1 attached hereto and depicted in Exhibit A-2 attached hereto. Declarant intends to develop (or cause to be developed) the Project Area and anticipates that the Project Area will include a variety of uses, including, but not limited to, office, retail and residential uses including uses described in the Development Agreement (as defined below). By this Declaration, Declarant grants all necessary and appropriate easements to each Lot in the Project Area to use the Common Areas (as defined herein). Declarant desires to provide for the maintenance and operation of the Common Areas that benefit each Lot and certain adjacent properties identified on Exhibit B which have been granted easements to use such Common Areas. Further, Declarant desires to assure that all mitigation obligations associated with the Common Areas are performed, the obligation of the Owners to contribute to the cost of such maintenance and operation is enforced, and a method for allocating such costs among such Owners and Easement Holders is instituted. Declarant has established CAOA as a Washington nonprofit corporation to own, maintain and operate the Common Areas and to administer the terms and conditions of this Declaration. AGREEMENT NOW, THEREFORE, Declarant hereby declares that each Lot within the Project Area shall be owned, sold, conveyed, leased, encumbered, occupied, improved and used subject to this Declaration, which will run with such real property and shall be binding upon all parties having or acquiring any right, title or interest in such real property or any part thereof and shall inure to the benefit of each owner thereof and its respective heirs, successors, successors -in -title and assigns. Every covenant, condition and restriction set forth in this Declaration is made for the direct, mutual and reciprocal benefit of each and every Lot within the Project Area, and shall create reciprocal rights and obligations and privity of contract and estate between the respective Owners of all of the Lots and their Declaration of Covenants, Conditions, Restrictions and Easements Page 1 134505193.11 119 heirs, successors and assigns. In addition, the Easement Holders, by virtue of the granting of a beneficial easement, shall have the obligation to contribute to and be assessed for the cost to maintain and operate of the Common Areas. ARTICLE 1. DEFINITIONS The terms defined in this Article 1 shall, for all purposes of this Declaration, have the meanings herein specified. 1.1 Affiliate "Affiliate" shall mean and refer to any Person that directly or indirectly controls, is controlled by, or is under common control with such Person or any officer, director, managing or general partner or member of such Person. As used in the foregoing sentence, "control" means, if the controlled Person is an entity, the ownership of or power to vote more than fifty percent (50%) of the outstanding ownership interest of the subject entity. 1.2 Articles "Articles" shall mean and refer to the Articles of Incorporation of the Association, as they may from time to time be amended, modified or supplemented. 1.3 Assessments "Assessments" shall mean and refer to Regular Assessments and Special Assessments. 1.4 Association "Association" shall mean and refer to CAOA, a Washington nonprofit corporation, its successors and assigns. 1.5 Board "Board" shall mean and refer to the Board of Directors of the Association. 1.6 Budget "Budget" shall mean and refer to an annual budget duly adopted by the Declarant or the Board to maintain and operate the Common Areas. Declaration of Covenants, Conditions, Restrictions and Easements Page 2 134505193.11 120 1.7 Business Day "Business Day" shall mean and refer to Monday through Friday, excluding holidays observed by the State of Washington. 1.8 Bylaws "Bylaws" shall mean and refer to the Bylaws of the Association, as they may from time to time be amended, modified or supplemented. 1.9 City "City" shall mean and refer to the City of Tukwila, State of Washington. 1.10 Class A "Class A" shall mean and refer to the membership class in the Association that is comprised of the Class A Member. 1.11 Class A Member "Class A Member" shall mean and refer to Segale Properties LLC, a Washington limited liability company, its Affiliates, and any of their members, shareholders or partners, either individually or through a limited liability company, trust, limited partnership or otherwise, until such time as the Class A Member: (a) does not hold a fee simple interest in a Lot within the Project Area; or (b) is not an Easement Holder, at which time the Class A Member class shall terminate. 1.12 Class B "Class B" shall mean and refer to the membership class in the Association that is comprised of the Class B Members. 1.13 Class B Members "Class B Members" shall mean all of the Owners. 1.14 Common Area Facilities "Common Area Facilities" shall mean all buildings, structures, utilities, fixtures and equipment currently existing or hereafter erected, installed or placed on the Common Areas, or currently existing or hereafter erected, installed or placed in a beneficial easement area, the license for the right to use the proprietary software that operates the equipment and facilities for the Detention Tracts, and all other facilities constructed in the Declaration of Covenants, Conditions, Restrictions and Easements Page 3 134505193.11 121 Common Areas that are owned by, granted or licensed to the Association for the common use and enjoyment of the Owners and the Easement Holders. 1.15 Common Areas "Common Areas" shall mean and refer to all real property and the Common Area Facilities owned by, granted or licensed to the Association for the common use, benefit and enjoyment of the Owners, Occupants and Easement Holders; all real property over which the Association has a Facilities Easement or other access rights for mitigation, maintenance or other purposes; and all real property over which any Governmental Authority has granted or will grant a license, encroachment or similar permit to the Association for maintenance or other purposes. 1.16 Common Expenses "Common Expenses" shall mean and refer to costs and expenses paid or payable by the Association for (i) any reason whatsoever in connection with the Common Areas; or (ii) in connection with any other item or items designated by the Governing Documents; or (iii) in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association including, without limitation, the cost and expenses related to the following: 1.16.1 Maintenance, management, operation, repair, replacement, construction of and alteration to the Common Areas, including, without limitation, the cost of parts, labor and supplies, utilities, landscaping, cleaning, pest control and hiring of outside contractor services; 1.16.2 Collection of Assessments owing from any Owner(s) or Easement Holders which remain unpaid for a period of more than twenty (20) Business Days after the same were due and payable (which thereafter may be assessed as Regular Assessments or Special Assessments, at the sole election of the Association from time to time); 1.16.3 Management and administration of the Association, including, but not limited to, Reasonable Costs paid by the Association to managers, accountants, outside auditors, attorneys, consultants and employees employed or engaged to discharge the duties of the Association; 1.16.4 Casualty, liability, workers' compensation, fidelity and directors' and officers' liability insurance; 1.16.5 Any other insurance obtained by the Association; Declaration of Covenants, Conditions, Restrictions and Easements Page 4 134505193.11 122 1.16.6 Reasonable reserves as provided herein or as deemed appropriate by the Board; 1.16.7 Bonding of the Directors, officers of the Association, any professional managing agent or any other Person handling the funds of the Association; 1.16.8 Taxes paid by the Association; 1.16.9 The discharge of any lien or encumbrance levied against the Common Area or any portion thereof; provided, however, that such lien or encumbrance is secured solely by or applies solely to the Common Area or any portion thereof; 1.16.10 Any licenses or Permits needed for the Common Area; 1.16.11 Contracting with an outside agency or organization for the provision of a security force to patrol and protect all Common Areas and such other portions of the Project Area as the Board may designate; and 1.16.12 Obligations incurred by committees established by the Board. Common Expenses do not include costs or expenses included in Special Assessments assessed to fewer than all of the Lots. 1.17 County "County" shall mean and refer to the County of King, State of Washington. 1.18 Declarant "Declarant" shall mean and refer to Segale Properties LLC, a Washington limited liability company, the current Owner of each Lot in the Project Area, and its transferees, successors and assigns, provided that a recorded instrument is executed by Declarant assigning to the transferee the rights reserved to Declarant under this Declaration. The Declarant role will continue until such time as the Owner enters into a Lease with a Tenant and the Tenant constructs and owns a completed Improvement, at which time the Declarant role shall terminate. 1.19 Declaration "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions as it may from time to time be amended, modified or supplemented. All such amendments, modifications and supplements are incorporated into and made a part of this Declaration. Declaration of Covenants, Conditions, Restrictions and Easements Page 5 134505193.11 123 120 Detention Tracts "Detention Tracts" shall mean and refer to the areas in the Final Plat Phase 1 identified as the "Regional Detention Tracts." The Common Areas include two (2) Regional Detention Tracts which include detention ponds and related facilities intended for the detention and treatment of stormwater from the Project Area as follows: (a) the regional stormwater detention facility located in the southern area of the Project Area (the "South Detention Tract"), (b) the stormwater detention facility located in the northern area of the Project Area ("North Detention Tract"), and (c) the pipes, conduits and pumps within the Facilities Easement. The Detention Tracts are also used for the detention and treatment of stormwater from real property owned by Easement Holders, first to the City as documented in two (2) easements recorded under King County recording numbers 20141121001570, and 20140530000865, and the second for the benefit of certain multi- family parcels as documented in two (2) easements recorded under King County recording numbers 2017 and 2017 1.21 Development Agreement "Development Agreement" shall mean that certain agreement dated June 10, 2009 between by and between La Pianta LLC (predecessor in interest to Segale Properties LLC) and the City of Tukwila, recorded under King County Recording Number 20090617000114, and the addenda and amendments thereto. 1.22 Directors "Directors" shall mean and refer to the directors of the Association who together constitute the Board. 1.23 Easement Holders "Easement Holders" shall mean those Person(s) owning adjacent properties listed on Exhibit B which have been granted a beneficial easement to access and use the Common Areas. 1.24 Estoppel Fee "Estoppel Fee" shall mean and refer to dollars ($ ) in Indexed Dollars. 1.25 Facilities Easement "Facilities Easement" shall mean that certain temporary easement from Segale to the Association for pipes, conduits and pumps associated with the Regional Detention Tracts, and recorded under King County Recording No. 2017 Declaration of Covenants, Conditions, Restrictions and Easements Page 6 134505193.11 124 1.26 Final Plat "Final Plat" means any recorded subdivision for lands within the Project Area known as the Tukwila South Plat. The overall Tukwila South Plat subdivision will be developed and recorded in phases, pursuant to the Final Plat Phasing Plan, meaning that several Final Plats will be recorded. 1.27 Final Plat Phasing Plan "Final Plat Phasing Plan" shall mean the Phasing Plan approved by the City Council pursuant to Tukwila Municipal Code 17.14.040. 1.28 First -Class Standard "First -Class Standard" shall mean and refer to the standards of construction, use, operation and maintenance prevailing at first-class projects of similar size and nature in the United States. 1.29 Fiscal Year "Fiscal Year" shall mean and refer to the fiscal year of the Association, which shall be the calendar year, provided, however, that the Fiscal Year shall be subject to change from time to time as the Board may determine. 1.30 Future Development Tract Each "Future Development Tract" or "FDT" and collectively, the "Future Development Tracts" or "FDTs" shall mean those FDTs shown on the Final Plat. 1.31 Governing Documents "Governing Documents" shall mean and refer to this Declaration, the Articles, the Bylaws and any other documents governing the operation of the Association, or the use of the Lots and/or the Common Area, as from time to time amended, modified or supplemented. 1.32 Governmental Authority "Governmental Authority" shall mean and refer to any federal, state, county, municipal or other governmental or regulatory authority, agency, board, department, bureau, body, commission, instrumentality or quasi -governmental authority, and any court, arbitrator, or other administrative, judicial or quasi-judicial tribunal, or any other public or quasi -public authority, including utility agencies, having jurisdiction over the Project Area or the matter at issue. Declaration of Covenants, Conditions, Restrictions and Easements Page 7 134505193.11 125 1.33 Impositions "Impositions" means, collectively: (a) all real estate taxes, all Special Assessments and all other property assessments, including all assessments for public improvements or betterments; (b) all ad valorem, sales and use taxes; (c) all rent, business and occupancy taxes, and all similar taxes; (d) all taxes on Personal Property or intangibles; (e) all water, sewer, stormwater and other utility charges imposed by any utility or Governmental Authority; (f) all fees, charges, fines, penalties and interest imposed by any utility or Governmental Authority; (g) all other rents, rates and charges, excises, levies, license fees, permit fees, inspection fees and other authorization fees and other governmental charges and taxes, in each case of any kind or nature whatsoever, general or special, foreseen or unforeseen, ordinary or extraordinary, that are at any time assessed, levied, charged, confirmed or imposed with respect to the Common Areas. 1.34 Improvement "Improvement" shall mean and refer to all buildings, structures, fixtures and equipment erected, installed or placed on a Lot by an Owner, or by a Tenant during the term of its Lease. 1.35 Index "Index" shall mean and refer to the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor (or any successor thereto) (the "Bureau"), for All Urban Consumers, Pacific Cities West Size Class A = 1,500,000 and over, All Items (1982-1984). If the Index is terminated, a successor or substitute index, appropriately adjusted, shall be reasonably selected by the Association. If the Index is converted to a different standard reference base or is otherwise revised, the Index shall be determined with the use of such conversion factor, formula or conversion table as may be published by the Bureau or, if the Bureau shall not publish same, then with the use of such conversion factor, formula or table as may be reasonably selected by the Association. 1.36 Indexed Dollars "Indexed Dollars" shall mean and refer to, when associated with dollars, the amount of money which would be the equivalent when inflated in proportion to the percentage increase in the Index, utilizing the Index last published prior to the first date in such adjustment period and last published on the date on which Indexed Dollars are being calculated. Declaration of Covenants, Conditions, Restrictions and Easements Page 8 134505193.11 126 1.37 Law "Law" shall mean and refer to any present or future law, statute, ordinance, platting requirements, regulation, code, judgment, injunction, arbitral award, order, rule, directive, proclamation, decree, common law or other requirement, ordinary or extraordinary, foreseen or unforeseen, of the federal or any state or local government, or any political subdivision, arbitrator, department, commission, board, bureau, agency or instrumentality thereof, or of any court or other administrative, judicial or quasi-judicial tribunal or agency of competent jurisdiction, or of any other public or quasi -public authority or group, having jurisdiction over the Project Area; and any reciprocal easement, covenant, restriction, or other agreement, restriction or easement of record affecting the Project Area as of the date of this Declaration. 1.38 Lease "Lease" shall mean and refer to a lease between an Owner and a Tenant conveying to such Tenant a leasehold interest in such Lot. 1.39 Liabilities "Liabilities" shall mean and refer to all losses, costs, claims, suits, demands, liabilities and expenses, including reasonable attorneys' fees, penalties, interest, fines, judgment amounts, fees and damages, of whatever kind or nature. 1.40 Lot "Lot" shall mean and refer to any portion of the Project Area that constitutes a physically separate and distinct legal parcel that may be developed as a building site, whether the Lot was created by recording a Final Plat, a short plat, a binding site plan, a boundary line adjustment or otherwise. 1.41 Majority "Majority" shall mean and refer to more than fifty percent (50%). 1.42 Member "Member" shall mean and refer to any Person that is a member of the Association. 1.43 Membership "Membership" shall mean and refer to all of the Members collectively. Declaration of Covenants, Conditions, Restrictions and Easements Page 9 134505193.11 127 1.44 Mortgagee "Mortgagee" shall mean an institutional third -party lender, unrelated to any Owner or Tenant, who makes or arranges real property secured loans. 1.45 NBT1 "NBT1" means the Non -Buildable Tract shown on a Final Plat. 1.46 NGPA "NGPA" means "Native Growth Protection Area." As used in this Declaration, NGPA shall mean and refer to those portions of the lands within the Project Area, and near the Project Area, that are subject to native growth protection area easements, including all five (5) Sensitive Area Tracts shown on the Final Plat and conveyed to the Association as Common Areas. The NGPA lands located within the Project Area are legally described on Exhibit C-1 and depicted in Exhibit C-2 attached hereto. Additional NGPA associated with mitigation requirements for development of the Project Area exist outside the Final Plat and will be separately conveyed to the Association. 1.47 Occupant "Occupant" shall mean and refer to, collectively, the Tenant, and any other Person or Persons entitled, by ownership, leasehold interest or other legal relationship, to the exclusive right to occupy all or any portion of any Lot or Improvement, including, without limitation, Subtenants. 1.48 Official Records "Official Records" shall mean and refer to the real property records of King County, Washington. 1.49 Open Space Tracts "Open Space Tracts" shall mean and refer to the areas identified on the Final Plat as the Open Space Tract 1 and Open Space Tract 2. There are two (2) Open Space Tracts, which are areas not suitable for development. Construction of permanent structures shall be prohibited on Open Space Tracts, provided that limited development of trails and/or other recreational facilities, consistent with Law, shall be allowed. The Open Space Tracts are Restricted Areas. Declaration of Covenants, Conditions, Restrictions and Easements Page 10 134505193.11 128 1.50 Owner "Owner" shall mean and refer to the Person or Persons holding record fee title to a Lot (including Segale, but excluding the Association), and its respective heirs, successors and assigns; provided, however, in the event that any Lot is subject to a Lease and the Improvement constructed on such Lot is owned by the Tenant, then the Tenant shall be deemed to be the Owner of such Lot for the duration of its Lease and ownership of such Improvement. 1.51 Permit or Permits "Permit" or "Permits" shall mean and refer to any permits, decisions, permissions, consents, sign -offs, approvals and/or agreements with Governmental Authorities governing, applicable to, or affecting the Lots and/or the Common Areas. By way of example and not limitation, Permits include the requirements for constructing the Detention Tracts, as well as the conditions and requirements for stormwater controls on the Lots. 1.52 Permittees "Permittees" shall mean and refer to (a) all Occupants and all customers, patrons, employees, agents, contractors, concessionaires and other invitees of such Occupants; and (b) all employees, agents, contractors, officers and other invitees of the Association. 1.53 Person "Person" shall mean and refer to any individual, association of individuals, corporation, limited liability company or other legal entity. 1.54 Personal Property "Personal Property" shall mean and refer to furniture, trade fixtures, equipment, and other owned, leased or licensed personal property on or used in conjunction with the Common Areas. 1.55 Preliminary Plat "Preliminary Plat" shall mean and refer to the approved Preliminary Plat, documented in the City Hearing Examiner Findings, Conclusion and Decision, dated , 2017, and any future City -approved modifications or revisions thereto. Declaration of Covenants, Conditions, Restrictions and Easements Page 11 134505193.11 129 1.56 Project Area "Project Area" shall mean and refer to that approximately ( )-acre tract of real property as more particularly described in Exhibit A-1 and depicted in Exhibit A-2 attached hereto, which real property is subject to this Declaration. 1.57 Property Manager "Property Manager" shall mean and refer to the property manager engaged by the Association from time to time to manage the Common Areas and administer this Declaration. 1.58 Public Areas "Public Areas" shall mean and refer to such portions of the Common Areas that are designated by the Association as areas that may be used by members of the public, such as a Trail. 1.59 Reasonable Costs "Reasonable Costs" shall mean and refer to out-of-pocket costs paid to third parties (including consultants' and attorneys' fees) incurred by the Association in cooperating with a Member or completing a review of any plans, specifications, drawings, documents, or other request for review, approval and/or consent delivered by a Member where cooperation or such review, approval and/or consent is required by the Association under this Declaration. 1.60 Regular Assessments "Regular Assessments" shall mean and refer to those Assessments to be charged against any or all Lots as provided in Article 7 hereof. 1.61 Restricted Areas "Restricted Areas" shall mean and refer to such portions of the Common Areas that are designated by the Association as areas that may not be entered or used other than by the Association. 1.62 SAMP "SAMP" shall mean and refer that certain Sensitive Areas Master Plan for the Project Area approved by the City pursuant to that certain Revised Notice of Decision, Project File No. L10-014, dated December 29, 2010. Declaration of Covenants, Conditions, Restrictions and Easements Page 12 134505193.11 130 1.63 Segale "Segale" shall mean SEGALE PROPERTIES LLC, a Washington limited liability company, its Affiliates, and any of their members, shareholders or partners, either individually or through a limited liability company, trust, limited partnership or otherwise, in its capacity other than as Declarant. 1.64 Special Assessments "Special Assessments" shall mean and refer to those Assessments to be charged against any or all Lots as provided in Article 7 hereof. 1.65 Square Foot, Square Feet or Square Footage "Square Foot," "Square Feet" and "Square Footage" shall mean and refer to the gross square footage of each Lot. 1.66 Sublease "Sublease" shall mean and refer to a sublease between a Tenant and a Subtenant. 1.67 Subtenant "Subtenant" shall mean and refer to a Person that is a tenant under a Sublease with a Tenant pursuant to which such tenant is permitted to use and occupy Lot(s) pursuant to a Sublease, or a portion of an Improvement constructed by a Tenant on a Lot. 1.68 Tenant "Tenant" shall mean and refer to a Person that is a tenant under a Lease. 1.69 Total Entitlement "Total Entitlement" shall mean and refer to the combined Voting Entitlement of the Class B Members from time to time. 1.70 Trail "Trail" shall mean and refer to a trail which may or may not be open to use by the public, including a specific trail to be constructed and maintained by the City of Tukwila on the levee bordering the Green River, as specified in an easement recorded under King County recording number 20150716000578, and additional connecting trails throughout the Project Area, which trails will be established by Owners from time to time for access to and from the Green River or a NGPA. Subject to agreement by the Association, Declaration of Covenants, Conditions, Restrictions and Easements Page 13 134505193.11 131 Owners may choose to convey connecting trail lands or easements within the Project Area to the Association as Common Areas. 1.71 Transfer "Transfer" shall mean and refer to the sale of a Lot, or the sale of the Improvement constructed on a Lot together with the assignment of a Lease, and any other transfer (by operation of law or otherwise) of all or substantially all of the interest of an Owner in a Lot, or of a Tenant's interest in an Improvement and Lease. 1.72 Transferee "Transferee" shall mean and refer to a Person that purchases a Lot, purchases the Improvement constructed pursuant to a Lease and concurrently is assigned the Lease, and/or otherwise accepts a transfer of all or substantially all of the interest of an Owner in a Lot, or Tenant's interest in an Improvement and Lease. 1.73 Transfer Fee "Transfer Fee" shall mean and refer to Dollars. 1.74 Transferor dollars ($ ) in Indexed "Transferor" shall mean and refer to a Person that sells a Lot to a Transferee, sells the Improvement constructed on a Lot and concurrently assigns the Lease to a Transferee, or otherwise transfers all or substantially all of its interest in a Lot, or the Improvements and the Lease. 1.75 Voting Entitlement "Voting Entitlement" shall mean and refer to the total number of votes allocated to an Owner pursuant to Section 6.3. 1.76 401 Permit "401 Permit" shall mean and refer to that certain Water Quality Certification Order 2877 dated November 7, 2005 (as amended from time to time), issued by the State of Washington Department of Ecology. 1.77 404 Permit "404 Permit" shall mean and refer to that certain Army Corps of Engineers Permit No. NWS -2004-01358, dated April 6, 2011 (as amended from time to time). Declaration of Covenants, Conditions, Restrictions and Easements Page 14 134505193.11 132 ARTICLE 2. PROPERTY SUBJECT TO DECLARATION 2.1 Initial Project Area The property subject to this Declaration is the Project Area described in Exhibit A-1 and depicted in Exhibit A-2. 2.2 Withdrawal of Property Portions of the Project Area may be withdrawn from the Project Area by recording in the Official Records of a duly adopted amendment to this Declaration identifying the legal description of the real property withdrawn and terminating and extinguishing the encumbrance of this Declaration from such real property. If a portion of the Project Area is so withdrawn, all voting rights otherwise allocated to the withdrawn portion of the Project Area shall be eliminated, and the common expenses shall be reallocated as provided in Section 7.7 below. 2.3 Dedications and Related Transfers For so long as Declarant has a role in the Association, Declarant reserves to Segale the right, from time to time and for such purposes as Segale may deem to be appropriate, to dedicate any portions of the Project Area then owned by Segale, including any portion of the Common Areas granted to the Association, to any governmental authority, quasi -governmental entity or entity qualifying under Section 501(c)(3) of the Internal Revenue Code or similar provisions. Any consideration received by Segale as a result of such dedication, by reason of any condemnation or any conveyance in lieu of condemnation, shall belong solely to Segale. 2.4 Subdivisions Segale reserves the right to further divide any Lot then owned by Segale from time to time upon receiving all approvals required from any Government Authority, including by a subdivision, a binding site plan, a boundary line adjustment, or otherwise. Any other Owner may further divide its Lot with the prior written approval of the Owners who are entitled to vote the Majority of the Total Entitlement. In the event any Lot is further divided, the newly created legal lot(s) shall be deemed separate Lots for purposes of allocating Assessments and Voting Entitlements under this Declaration. 2.5 Exempt Property The following property shall be exempt from payment of General Assessments and Special Assessments: (a) all Common Areas; and (b) any real property dedicated to and accepted by any governmental authority or public utility. Declaration of Covenants, Conditions, Restrictions and Easements Page 15 134505193.11 133 ARTICLE 3. COMMON AREAS 3.1 Title to and Use of Common Areas Declarant has or will convey certain areas within the Project Area, and nearby areas that relate to the Project Area, to the Association, free and clear of monetary liens, for use by and/or the benefit of one, some or all of the Lots. Upon such conveyance, such areas shall become part of the Common Areas. Declarant further reserves the right to convey personal property and other property interests to the Association by conveying, granting or otherwise transferring (as the case may require) such personal property or property interests to the Association. Such property shall become part of the Common Areas upon its conveyance, granting or transfer to the Association. Subject to the provisions of this Article 3, each Lot shall have an appurtenant right and easement of enjoyment in and to the Common Areas for the benefit of such Lot Owner and Occupants, which easement shall be appurtenant to and shall pass with the title to each Lot. Unless otherwise stated herein, the Common Areas shall be used by the Owners and Occupants in accordance with the Governing Documents, including reasonable rules and regulations adopted by the Association. 3.2 Maintenance of Common Areas The Association shall provide for the maintenance, repair, replacement, alteration or improvement of the Common Areas, and shall keep such areas in good order and repair. The Association shall assume the indemnity, insurance and bond obligations owed by King County Drainage District No. 2 to the Department of Natural Resources under that certain Aquatics Lands Easement recorded under King County Recording No. 20110831000112. The Association shall comply with all requirements in the Development Agreement pertaining to the Common Areas. The Owner of each Lot shall be liable to the Association for all damage to the Common Areas or to any other real or personal property owned by the Association that may be sustained by reason of the negligence of such Member, its Permittees or the Occupants of such Lot. No Occupant shall do anything or permit any of its Permittees to do anything on the Common Areas that might increase the rate, or cause the cancellation, of any policies of insurance obtained by or on behalf of the Association. 3.2.1 NGPA. All NGPAs shall be maintained by the Association in an undisturbed vegetative state. Except for a Trail, the Orillia Road Connector (as defined in the Development Agreement) and utilities, the Association shall not clear or improve, or permit the clearance or improvement, of the NGPA; provided however, the Association may, as necessary, (1) prune or remove dead or diseased trees, and vegetation reasonably adjacent to developed areas of the Project Area, (2) remove invasive or exotic vegetation, (3) prune or remove trees or other vegetation presenting a Declaration of Covenants, Conditions, Restrictions and Easements Page 16 134505193.11 134 threat to life or safety or growing over roadways, levees, drainage ditches, a Trail or other corridors that must be kept clear, and/or (4) maintain mitigation areas. 3.2.2 Detention Tracts. The Association shall operate, monitor, maintain, repair, replace, alter and improve (as appropriate) the Detention Tracts, and shall keep such areas in good order and repair and in accordance with any easement or license obligations and/or Laws applicable to the Detention Tracts. 3.2.3 Trail. In the event that an Owner conveys a Trail to the Association and the Association accepts such Trail as part of the Common Areas, the Association shall maintain, repair, replace, alter and improve (as appropriate) such Trail, and shall keep such areas in good order and repair, and as may be required pursuant to any Laws or Permits applicable to such Trail. 3.2.4 Open Space Tracts. The Association shall maintain the Open Space Tracts as open space, consistent with applicable Laws and the Development Agreement, Final Plat and other applicable Permits. 3.2.5 Other Common Areas and Interests. The Association shall maintain, repair, replace, alter and improve (as appropriate) such other Common Areas that the Association owns or is entitled to use pursuant to an easement or license or otherwise as specifically provided in this Declaration. 3.3 Restricted Areas The Association shall have the right in its sole discretion to designate or de - designate from time to time a portion of the Common Area as Restricted Areas that may not be entered or operated other than by the Association, or its respective agents, contractors, employees or representatives, in connection with the preservation, care, maintenance or renewal of such Restricted Areas, the enforcement of the restrictions placed on the Restricted Areas, or for such other limited purposes that are permitted by the Association. As of the Effective Date of this Declaration, the Open Space and NGPA (except to the extent that a Trail is established within and through an Open Space or through the NGPA), the NBT1 and the Detention Tracts are Restricted Areas. 3.4 Public Areas The Association may designate certain portions of the Common Areas as Public Areas which may be used by members of the public. Such Public Areas may include, by way of example, a Trail, the roads, sidewalks, and recreational or entertainment areas. Declaration of Covenants, Conditions, Restrictions and Easements Page 17 134505193.11 135 3.5 Governmental Compliance of Common Areas The use, ownership, maintenance, operation, improvement and repair of the Common Areas shall comply with: (a) all applicable Laws, including, without limitation, all applicable handicapped and disabled persons accessibility requirements such as the Americans with Disabilities Act of 1990, as amended; (b) the Development Agreement, the 401 Permit, the 404 Permit, and the SAMP; and (c) the Permits. Without limiting the generality of the foregoing, any portion of the Common Areas designated as Open Space Tracts under any Permits shall not be improved or have its use changed without approval by each governmental agency having jurisdiction over such open space. 3.6 Acquisition of Common Areas by Association The Association may acquire improved or unimproved real estate located within the Project Area, Personal Property, easements, and leasehold or other property interests from any Person, including any Owner. Such property or interests shall, upon conveyance, granting or transfer to the Association, be deemed Common Areas for all purposes under this Declaration. 3.7 Disposal of Common Areas by Association The Association may not convey, encumber, sell or transfer title to the Common Areas or any portion thereof to any Person, except that the Association may dedicate portions of the Common Areas then owned by the Association to any Governmental Authority, quasi -governmental entity or entity qualifying under Section 501(c)(3) of the Internal Revenue Code or similar provisions with the consent of the Class A Member. Any consideration received by the Association as a result of such dedication, by reason of any condemnation or any conveyance in lieu of condemnation, shall belong solely to the Association. Such dedications shall require only the consent of the Class A Member and shall not require prior notice to or consent of the Association or the Class B Members. ARTICLE 4. EASEMENTS 4.1 Easements for the Benefit of Governmental Agencies and Utilities Certain easements have been and may in the future be granted by the Association to certain local governmental agencies (including the City), utilities or other public or quasi -public entities for public use or other use that includes continued use by Occupants, including without limitation, additional easements granted to the City for a Trail. The granting of such easements shall not require notice to or the consent of its Members. Declaration of Covenants, Conditions, Restrictions and Easements Page 18 134505193.11 136 4.2 Easements for the Benefit of the Association and Occupants In addition to and without limiting the rights of entry and any other rights given to the Association in this Declaration, there are hereby established the following non- exclusive easements over and across the Lots and Common Areas in perpetuity for the benefit of the Association and the Occupants: 4.2.1 Easements for ingress and egress over all Common Areas for the purpose of accommodating normal and customary access, and for emergency access to and from the Common Areas to each Lot for use by Occupants, the Association and its respective Permittees. Occupants and the Association, and their respective Permittees, shall not block, impede or restrict access to or from any Common Areas, unless specifically approved by the Association in accordance with this Declaration. 4.2.2 Easements in, over and through each Lot and Common Area for the purpose of enabling the Occupant or the Association and their respective Permittees, as applicable, to fulfill its obligations and exercise its rights under this Declaration; provided, however, that such rights shall be subject to the following limitations: (a) such party shall bear all expenses associated with its exercise of such rights; (b) the area of such easement will be limited, in any case, to the smallest area reasonably necessary for such Occupant or the Association to fulfill the relevant obligation or exercise the relevant right under this Declaration; and (c) the use of such easement shall be accomplished in a manner that does not unreasonably interrupt the normal use and enjoyment of other Occupants or their Permittees. 4.3 No Merger Notwithstanding the union of (a) the fee simple title to any of the Lots in the Project Area, or any portion thereof, or any other real property with (b) any right, title or interest in the easements granted by or reserved to an Owner pursuant to this Declaration, it is the intention that the separation of such fee simple estate and such right, title or interest in such easements shall be maintained, and that a merger shall not take place without the express prior written consent of the Association. 4.4 No Abandonment Notwithstanding the provisions of any applicable Law, no easement granted or reserved hereunder shall be extinguished, abandoned or terminated merely by disuse or incompatible acts; rather, the easements granted hereunder shall continue in full force and effect unless terminated by a writing, executed by the Person or Persons entitled to the benefit of the terminated easements, duly acknowledged and recorded in the Official Records. Declaration of Covenants, Conditions, Restrictions and Easements Page 19 134505193.11 137 ARTICLE 5. ESTOPPEL CERTIFICATE Within twenty (20) Business Days after written demand by an Owner, and upon payment of the Estoppel Fee, the Association shall execute an estoppel certificate with respect to that Owner's Lot certifying that as of the date thereof (a) all Assessments due and payable by the Owner under this Declaration have been paid, or have not been paid, as the case may be, and (b) the Association has, or has not, given notice to the Owner of a default under this Declaration that remains uncured. Any lessee, purchaser or encumbrancer in good faith and for value shall be entitled to rely upon such certificate with respect to the matters set forth therein, such matters being conclusive as between the Association and such lessee, purchaser or encumbrancer. The requesting Owner shall pay the Association's Reasonable Costs within twenty (20) Business Days after receipt of an invoice from the Association. ARTICLE 6. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 6.1 Organization Declarant has filed the Articles of Incorporation and executed the Bylaws. The Articles of Incorporation provide that the that the Association shall exist until the earlier of: (a) the Common Areas have been dedicated or disposed of as provided herein; (b) the expiration or termination of all of the Lease(s) executed within thirty-six (36) months of the Effective Date; or (c) December 31, 2127. Immediately prior to the termination of the Association, fee title to the Common Areas shall be vested in the Owner within the chain of title. 6.2 Membership Every Owner of a Lot shall be a member of the Association. Such membership shall exist and continue simply by virtue of such Owner status. Upon the Transfer of: (a) the Improvements constructed on a Lot and an assignment of the Lease; or (b) a Lot (if the Owner is the fee title holder and no Lease exists), from which such membership as an Owner is derived, the Transferee shall become the Owner and member, and the Transferor's membership in the Association shall terminate as to such Lot. Membership in the Association shall not otherwise be transferred, pledged or alienated in any way. 6.3 Qualification and Voting 6.3.1 As of the Effective Date, the Association shall have two classes of membership, Class A and Class B. 6.3.1.1 Class A. The Class A Member shall be the sole member of the Class A membership class in the Association. The rights of the Class A Member under the Governing Documents are specified in the relevant sections of the Governing Declaration of Covenants, Conditions, Restrictions and Easements Page 20 134505193.11 138 Documents. At such time as Segale (a) does not hold a fee simple interest in a Lot within the Project Area, or (b) is not an Easement Holder, the Class A Member class shall terminate. 6.3.1.2 Class B. Every Owner of a Lot shall be a Class B Member of the Association. 6.3.2 Except as otherwise provided in the Governing Documents or applicable Law, all matters requiring the approval of the Association shall be deemed approved if (i) a Majority of the Class B Members assent to them by written consent, or (ii) a Majority of the Class B Members approve them at any duly called regular or special meeting of the Association at which a quorum is present, either in person or by proxy; and the Class A Member approves them at any duly called regular or special meeting of the Association at which a quorum is present, either in person or by proxy, or consents in writing. Except as otherwise provided in the Governing Documents or applicable Law, attendance by Owners entitled to vote a Majority of the Voting Entitlement shall constitute a quorum for any such regular or special meetings. In no event may the Association be voluntarily wound up and dissolved without the approval and consent of each of the Owners and the Class A Member, and the furnishing of a legal opinion by counsel retained by the Association certifying compliance with all relevant legal requirements. 6.3.3 Each Class B Member shall be entitled to cast one vote per Square Foot of such Class B Member's Lot(s), as determined by the Association from time to time based on certification by a licensed professional surveyor. The Association shall maintain an official record of the votes allotted to each Lot within the Project Area, and such record shall be dispositive of the number of votes accorded to each Class B Member. In the event that one or more Owner(s) changes the boundaries of its/their Lot(s) through a reconfiguration, resubdivision, reparcelization, combination, adjustment, plat, short plat or reorganization of any Lot(s) resulting from subdivision, short subdivision, lot merger, lot split, lot line or boundary line adjustment, binding site plan, or similar subdivision, land reorganization or approval, or amendment thereto, such Owner(s) shall provide to the Association a copy of the recorded survey evidencing such change to the Lot(s), together with a certification by a licensed professional surveyor of the area (in Square Feet) of the affected Lots before the Association adjusts in its books the number of votes accorded to such Lot(s). 6.3.4 Solely with respect to any Tenant or Subtenant (excluding the Association) entitled to occupy the entirety of any Lot for a fixed term of ten (10) years or longer, the Owner of such Lot may, upon twenty (20) Business Days' written notice to the Association, designate such lessee as such Owner's representative to attend meetings of the Association and to vote at such meetings in such Owner's stead, whereupon, and until such designation is revoked, (i) the presence of such representative at a meeting or election of the Association shall be deemed to constitute Declaration of Covenants, Conditions, Restrictions and Easements Page 21 134505193.11 139 the presence of such Owner for purposes of a quorum or otherwise, and (ii) the vote, approval or consent of such representative shall be deemed to be the vote, approval or consent of such Owner. Such designation of a representative may be revoked at any time upon twenty (20) Business Days' written notice by such Owner to the Association. Any suspension or termination of the voting rights of any Owner shall likewise suspend or terminate the voting rights of such Owner's designated representative. The provisions of this Section 6.3.4 are intended merely to allow each Owner the flexibility to enable such a Tenant or Subtenant to participate in meetings of, and voting by, members of the Association in such Owner's stead, and in the absence of any written agreement between such Owner and Tenant or Subtenant to the contrary, shall not in any way be construed as requiring or creating any agency relationship between such Owner and such Tenant or Subtenant. 6.4 Voting in Cases of Joint Ownership In the event that two (2) or more Persons comprise the Owner (or as the case may be, the designated representative of such Owner as provided in Section 6.1) of any particular Lot, and such Persons are unable to agree among themselves as to how the votes to which they are entitled shall be cast, then they shall lose their right to vote on the matter in question. If any such Person casts votes representing a particular Lot, it will thereafter be conclusively presumed for all purposes that he was acting with the authority and consent of all the other Persons comprising the Owner (or, as the case may be, the designated representative of such Owner as provided in Section 6.3 hereof) of such Lot. 6.5 Transfers 6.5.1 Transfer of Membership. Any purported transfer of membership in the Association to any Person not permitted as a Transferee under this Section shall be null and void and shall have no force or effect. In the event the Owner of any Lot shall fail or refuse to transfer its membership in the Association to its Transferee following a Transfer, then the Association shall have the right to enter such Transfer upon its books and, upon such entry, the Transferor's membership in the Association shall be null and void and of no further force and effect. 6.5.2 The Owner of a Lot shall, as soon as practicable before a Transfer, provide the following to the prospective purchaser: 6.5.2.1 Copies of the Governing Documents; 6.5.2.2 A copy of the most recent financial statement made available pursuant to Section 11.3 hereof; and 6.5.2.3 A true statement in writing from an authorized officer of the Association as to the amount of any Assessments levied upon the Lot which remain Declaration of Covenants, Conditions, Restrictions and Easements Page 22 134505193.11 140 unpaid as of the date of such statement. The statement shall also include true information on unpaid late charges, interest and costs of collection which, as of the date of such statement, remain unpaid as of the date of such statement. Such a statement shall be conclusive upon the Association in favor of any and all Persons who rely in good faith thereon as to the matters therein contained. 6.5.3 The Association shall maintain, and, within twenty (20) Business Days of receipt of a written request, make available to the Owner of a Lot, a copy of the requested items specified in Sections 6.5.2.1 through 6.5.2.3 hereof. The Association may assess such Owner the Association's Reasonable Costs in responding to such request as a Special Assessment. 6.5.4 In addition to the Association's Reasonable Costs set forth in Section 6.5.3 above, an Owner shall concurrently with or within twenty (20) Business Days after the consummation of a Transfer, pay the Transfer Fee to the Association together with the Association's Reasonable Costs incurred in connection with such Transfer. The Transferee and Transferor shall be jointly and severally liable for any unpaid Transfer Fee and any unpaid Reasonable Costs of the Association. 6.5.5 Concurrently with the consummation of any Transfer, or within twenty (20) Business Days thereafter, the Transferee shall notify the Association in writing of such Transfer. Such notification shall set forth the name of the Transferee and its Mortgagee, if any, and the Transferor, the address of the Lot involved in the Transfer, the mailing address of the Transferee and the Mortgagee, if any, and the date of sale. Before the receipt of such notification, any and all communications required or permitted to be given by the Association or the Board shall be deemed to be duly made and given to the Transferee if duly and timely made and given to the Transferor. 6.5.6 Nothing in this Section 6.5 shall be construed as affecting the validity of title to any Lot transferred in violation of this Section 6.5. ARTICLE 7. COVENANT FOR ASSESSMENTS BY THE ASSOCIATION 7.1 Creation of Assessments The Association is hereby authorized to levy Assessments against each Lot for Common Expenses as the Board may specifically authorize from time to time. All Assessments on a Lot, together with interest at a rate of eighteen percent (18%) per annum or, if less, the highest rate permitted by Law, from the due date of such Assessment, reasonable late charges (in such amount as the Board may establish by resolution from time to time), costs, and reasonable attorneys' fees, shall be the personal obligation of the Owner of such Lot at the time the Assessment arose. Upon the occurrence of a Transfer, the Transferee and Transferor shall be jointly and severally liable for any Assessments affecting such Lot that are unpaid at the time of the Transfer. Declaration of Covenants, Conditions, Restrictions and Easements Page 23 134505193.11 141 7.2 Covenant to Pay Assessments 7.2.1 Each Owner, by acceptance of a deed conveying any real property interest in a Lot, or by execution of a lease granting a leasehold interest in a Lot, is hereby deemed to covenant and agree to pay to the Association the Assessments (whether or not such covenant shall be so expressed in such deed or lease) assessed against such Lot. 7.2.2 No Owner of a Lot may exempt itself from liability for the payment of Assessments by waiving the use or enjoyment of any part of the Common Areas, or by abandoning its Lot. 7.3 Purpose of Assessments Subject to Section 7.6 hereof, the Association shall levy Assessments sufficient to fund the performance of its obligations under the Governing Documents and to pay for Common Expenses. Such Assessments shall be used to improve, maintain and operate the Common Areas and for the performance of the duties and obligations of the Association, incurred in the exercise of the Association's powers set forth in the Governing Documents. 7.4 Regular Assessments Regular Assessments shall be levied for each Fiscal Year by the Association based upon the annual budget adopted by the Board as set forth in Section 8.15 hereof. 7.5 Special Assessments 7.5.1 The Association may levy, in any Fiscal Year, a Special Assessment for the purpose of defraying, in whole or in part, the cost of (a) any construction, reconstruction, alteration, repair or replacement of a capital improvement in the Common Areas and/or fixtures and personal property related thereto and (b) the cost of any other action or undertaking by or on behalf of the Association which exceeds the budgeted gross expenses of the Association for that Fiscal Year. 7.5.2 The Association may levy a Special Assessment against any individual Lot as a fine under Section 8.7.2 hereof, or to reimburse the Association for Reasonable Costs incurred by the Association (including reasonable attorneys' fees, interest, or any other miscellaneous costs) in bringing such Lot and/or the Owner or Occupant thereof into compliance with the Governing Documents (including, without limitation, under Section 9.1.1 hereof). Declaration of Covenants, Conditions, Restrictions and Easements Page 24 134505193.11 142 7.6 Limitation on Assessments Notwithstanding any other provision of this Declaration to the contrary, the Association shall not impose or collect any Assessment that exceeds the maximum amount allowed by Law. Assessments shall not recover any item of cost more than once. 7.7 Allocation of Assessments Both Regular and Special Assessments shall be divided among the Owners based on the ratio that such Owners' Voting Entitlement bears to the Total Entitlement and among the Lots based on the ratio that the Square Footage of such Lot bears to the total Square Footage of the Lots. To the extent feasible, the Association shall equitably allocate such Assessments among the Lots (and the Owners thereof) for the period that such Assessment covers. 7.8 Commencement of Assessments 7.8.1 The Regular Assessments provided for herein shall commence as to all Lots on the first day of the Fiscal Year commencing after the recordation of the Declaration. The first Regular Assessment shall be prorated according to the number of days remaining in the Fiscal Year in which such recordation occurs. The Board shall determine and fix the amount of the Regular Assessment against each Lot at least thirty (30) Business Days but not more than sixty (60) Business Days in advance of the commencement of each Fiscal Year, and shall establish the due date(s) for payment of such Assessments, which shall not be more or less frequent than once per Fiscal Year. The Board may increase or decrease the Regular Assessments from Fiscal Year to Fiscal Year. 7.8.2 Written notice of each Assessment shall be sent to every Owner subject thereto. Each Assessment levied against a Lot shall become a debt of the Owner of such Lot at the time such Assessment is levied. If there is more than one Person comprising the Owner of a particular Lot, each such Person shall be jointly and severally liable for such Assessments. 7.9 Enforcement of Assessment Obligation The Association may enforce delinquent Assessments by suing the Owner directly on the debt established by the Assessment. In any action instituted by the Association to collect delinquent Assessments, accompanying costs, late charges or interest, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees. The Association may not enforce delinquent Assessments by recording a lien against any Lot or by foreclosing such a lien through judicial or nonjudicial proceedings. The Association waives any right granted by Law to record and foreclose on such a lien. Declaration of Covenants, Conditions, Restrictions and Easements Page 25 134505193.11 143 7.10 Assessments for Impositions In the event that any Impositions of any nature are assessed against the Common Areas rather than against an individual Lot or the Personal Property of a Member, then said Impositions shall be added to the annual Regular Assessments or, at the discretion of the Board, a Special Assessment may be levied in an amount equal to said Impositions. ARTICLE 8. POWERS AND DUTIES OF THE ASSOCIATION The Association shall have all the powers of a nonprofit mutual corporation organized under the Washington Nonprofit Miscellaneous and Mutual Corporations Act (RCW Chapter 24.06), subject only to such limitations on the exercise of its powers as are established by Law or set forth in the Governing Documents. It shall have the power to do any lawful thing that may be authorized, required or permitted to be done by the Association under the Governing Documents, and to do and perform any act that may be necessary or proper for, or incidental to, the exercise of any of the express powers of the Association. Subject to the limitations set forth in the Governing Documents or the Laws of the State as to actions which must be authorized or approved by the members of the Association (i.e., the Owners), all corporate powers shall be exercised by or under the authority of, and the business and affairs of the Association shall be controlled by, the Board. Without limiting the generality of the foregoing but subject to the same limitations, it is hereby expressly declared that, in addition to the other powers and duties of the Board provided in this Declaration and elsewhere in the Governing Documents, the Board shall specifically have the following powers: 8.1 Designate Officers The power to select, appoint and remove the officers, agents and employees of the Association, prescribe such powers and duties for them as are not inconsistent with Law, the Permits or the Governing Documents, and, subject to the provisions of the Bylaws, fix their compensation. 8.2 Management and Control The power to conduct, manage and control the affairs and business of the Association, and to make such rules and regulations therefore as they deem best and as are not inconsistent with Law, the Permits, or the Governing Documents. 8.3 Principal Office The power to change the principal office for the transaction of the business of the Association from one location to another within the County and to designate a place within the State of Washington for the holding of any membership meeting or meetings. Declaration of Covenants, Conditions, Restrictions and Easements Page 26 134505193.11 144 8.4 Insurance 8.4.1 To the extent the coverage described in this Section 8.4 is available at a reasonable cost, the power to obtain and maintain in force the following policies of insurance: 8.4.1.1 An occurrence form of commercial general liability insurance policy (ISO form CG00001 or its equivalent) (the "CGL Policy") protecting the Association against claims of third parties for bodily injury, death, personal injury, and property damage occurring in, upon, or about the Common Areas or relating to the operations taking place on the Common Areas. Such CGL Policy shall include coverage for premises and operations; products/completed operations; fire and water damage legal liability; and broad form property damage. The CGL Policy shall not contain any intra -insured exclusions as between insured persons or organizations, and shall include coverage for assumed or contractual liability under this Declaration, including but not limited to Association's indemnification obligations under this Declaration with respect to covered claims. Such policy shall have an annual combined single limit for bodily injury and property damage of at least Five Million Dollars ($5,000,000.00) in Indexed Dollars per occurrence and Ten Million Dollars ($10,000,000.00) in Indexed Dollars per location aggregate. Required limits of liability may be satisfied by a combination of primary liability and umbrella/excess liability policies. Umbrella/excess liability policies shall be at least following form to the primary policy(ies) 8.4.1.2 Fidelity insurance in the form of a bond in an appropriate amount as determined by the Board, which names the Association as obligee and protects against misuse and misappropriation of Association property by Directors, officers, committee members, trustees and employees of the Association and any management agent and its officers, agents and employees, whether or not such Persons are compensated for their services; 8.4.1.3 Workers' Compensation Insurance, to the extent required by Law, that shall include employer's liability insurance or separate "stop gap" coverage for all employees of the Association, in accordance with the statutory limits required by Law; 8.4.1.4 Customary "All Risk" property insurance policy for the Full Replacement Cost of the Common Area Facilities, including coverage for the Personal Property. This policy shall cover against (i) all risks of physical loss, including fire, theft, flood, earthquakes, terrorism, other risks including boiler and machinery perils , and shall cover increases in costs incurred by reason of changes in the Law, and (ii) business interruption and loss of income in an amount at least equal to gross receipts from all sources of income from the Owners and Easement Holders, as reasonably estimated, for a period of at least twelve (12) months notwithstanding that the policy Declaration of Covenants, Conditions, Restrictions and Easements Page 27 134505193.11 145 may expire prior to the end of such period; and (iii) losses due to disruption of utility services originating away from the Common Area Facilities (the "Property Damage Policy"). The Property Damage Policy shall be in an amount equal to one hundred percent (100%) of the Full Replacement Cost of the Common Area Facilities and Personal Property, and contain an agreed amounts provision waiving any co-insurance provisions of the applicable policy or policies. The term "Full Replacement Cost" shall mean the actual replacement cost of the Common Area Facilities and Personal Property, without deduction for depreciation, including the cost of demolition and debris removal and excluding the cost of excavation and foundations. With respect to losses covered by the Property Damage Policy, the amount of the business income insurance, as applicable, shall be determined initially upon the Effective Date and at least once each year thereafter based on the Association's reasonable estimate of the gross income from the Owners and Easement Holders for the succeeding period of coverage. The Property Damage Policy shall name Association as loss payee as its interest may appear and shall expressly provide that the Easement Holders will be included in the adjustment process as their interests may appear. Property and hazard insurance with extended coverage and special form endorsements covering the replacement cost of any insurable Common Area Facilities, which may hereafter be located on the Common Area. The proceeds from such insurance shall be paid to the Association, which shall use such funds for the repair, reconstruction or replacement of the Common Area Facilities so covered; 8.4.1.5 Insurance in an amount to be determined by the Board, but in any event not less than One Million Dollars ($1,000,000), on behalf of (a) each Director and (b) committee members and officers as the Board in its discretion deems appropriate, for liability asserted against or incurred by such Director, committee member or officer in such capacity or arising out of such status, regardless whether the Association would have the power to indemnify such Director, committee member or officer against such liability under applicable Law; and 8.4.1.6 Such insurance as required of King County Drainage District No. 2 under the Aquatic Lands Easements recorded under King County Recording No. 20110831000112, for the benefit of the Department of Natural Resources. 8.4.1.7 Such other insurance as the Board shall deem necessary or expedient to carry out the functions of the Association as set forth in the Governing Documents. 8.4.2 All policies shall be issued by insurance companies authorized to do business in the State of Washington. All such insurers shall have a minimum rating of "A -VIII" by A.M. Best Company (or any successor rating agency or entity reasonably selected by Landlord if A.M. Best Company discontinues publishing ratings of insurance companies or if the rating system is changed). No insurance coverage obtained by the Declaration of Covenants, Conditions, Restrictions and Easements Page 28 134505193.11 146 Association shall contain a deductible in excess of Fifty Thousand Dollars ($50,000.00) in Indexed Dollars. 8.4.3 The CGL Policy referred to in Section 8.4.1.1 shall name the Directors, the Class A Member, the Property Manager, the Owners (as a class), and the Easement Holders (as a class) as additional insureds, and such policy shall include, if obtainable, a cross -liability or severability of interest endorsement insuring against liability to each other insured. 8.4.4 Every policy of insurance obtained by the Association, whether or not required to be obtained pursuant to the provisions of this Declaration, shall expressly waive any and all rights of subrogation against the Class A Member, the Property Manager, representatives and employees, the Directors and all Owners and Easement Holders. 8.4.5 The premiums for the insurance policies obtained and maintained by the Association shall be a part of the Common Expenses or Limited Common Expenses, as the case may be, to be included in the calculation of the Assessments levied by the Association. 8.4.6 The Board shall periodically review the coverage provided by the insurance policies obtained and maintained by the Association, and, to the extent that increased coverage is available and at the Board's discretion, shall increase such coverage in light of inflation, increased risk and similar factors. 8.5 Utilities The power to pay all charges for utility services for the Common Areas. 8.6 Common Areas The power to manage, operate, maintain, repair, restore and replace (and/or make capital expenditures for and on behalf of the Association with respect to) the Common Areas and all Common Area Facilities located thereon. The Association shall have the right, in accordance with the Governing Documents, to borrow money for the purpose of improving, repairing and maintaining the Common Areas, or otherwise and, in connection therewith, the right of the Association to hypothecate any or all real or personal property owned by the Association including the Common Areas. 8.7 Enforcement The power to enforce the provisions of the Governing Documents and the provisions of any agreement to which the Association is a party. In addition to the other Declaration of Covenants, Conditions, Restrictions and Easements Page 29 134505193.11 147 powers of the Board provided herein and under applicable Law, the Board shall have the power: 8.7.1 To suspend all rights and privileges of an Owner in the Association for: (i) the failure to pay any Regular Assessment or Special Assessment in full promptly when due (whether or not the Owner is personally obligated to pay such Assessment), or (ii) each violation of any provision of the Governing Documents. Such suspension shall continue for a period of time determined by the Board and may, at the Board's discretion, continue until the Regular Assessment or Special Assessment is paid in full or the violation is cured. Such suspension shall not take effect unless the Owner is notified and given an opportunity for a hearing as required by applicable Law; provided, however, that the following minimum requirements shall apply: 8.7.1.1 The Owner shall be notified in writing of the suspension and the reasons therefore at least ten (10) Business Days prior to the effective date of the suspension; 8.7.1.2 If requested by the Owner in writing within five (5) Business Days after receipt of such notice, a hearing on said suspension shall be held before the Board; and 8.7.1.3 Said hearing shall be held by the Board at least five (5) Business Days before the effective date of the suspension, and at said hearing the Owner shall have the right to appear and defend itself against the matters resulting in the notice of suspension. 8.7.2 To levy and assess fines against any Owner who violates, or who's Occupants or Permittees violate, the Governing Documents, pursuant to the same notice and hearing procedure as is provided for suspension in Section 8.7.1, and such other procedures and/or schedules as the Board may establish. Upon notice to the Owners, the Board may establish a schedule of fines for individual offenses and/or continuing offenses, which schedule shall thereafter govern the amount of the fines to be levied, until such schedule is modified or repealed by the Board. Fines may be levied for each offense, and, once levied, each such fine shall become an Assessment. Any Owner against whom such a fine is levied shall pay such fine to the Association within ten (10) Business Days after such levy. The Association shall be entitled to take any legal action or employ any remedies set forth hereunder or permitted by Law to enforce the payment of such fines. 8.8 Square Footage/Total Entitlement Monitoring The power to track and monitor the Square Footage of all Lots owned by all Owners from time to time within the Project Area, and the Voting Entitlement and Total Entitlement of the Owners. Declaration of Covenants, Conditions, Restrictions and Easements Page 30 134505193.11 148 8.9 Contract and Make Payments The power to contract and pay for Common Expenses. Withdrawals of funds from the Association's accounts may be made by any Person authorized by the Board to make such withdrawals. 8.10 Engagement of Agents The power to engage the services of any qualified Person or Persons as an employee, agent or contractor, including a Property Manager, to manage and conduct the business and perform the duties of the Association; upon such conditions as are deemed advisable by the Association, delegate to such Person or Persons any of its powers; and to terminate such engagement or employment when deemed advisable by the Association. A Person engaged as Property Manager shall be deemed to be "qualified" if such Person: (a) is a real estate broker or real estate firm licensed in accordance with applicable Laws and may legally provide real estate brokerage services in the Project Area; (b) if such Person is a natural person, has at least 15 years' experience managing similar projects, or if such Person is a real estate firm, the Person primarily responsible for managing the activities of the real estate firm as Property Manager at any time during such firm's engagement as Property Manager has at least 15 years' experience managing similar projects; and (c) maintains customary errors and omissions insurance. Notwithstanding the foregoing, the Association's delegation of its powers to any such employee, agent or contractor, including any Property Manager, shall be subject to the following limitations and restrictions: 8.10.1 No such employee, agent or contractor may enter into contracts valued at more than twenty thousand dollars ($20,000) in Indexed Dollars without the Board's approval. 8.10.2 No such employee, agent or contractor may borrow money without the Board's approval. 8.10.3 No such employee, agent or contractor may hypothecate any or all real or personal property owned by the Association, including the Common Areas, without the Board's approval. 8.10.4 No such employee, agent or contractor may withdraw more than dollars ($ ) from the Association's account during a period of ( ) days without the Board's approval. 8.10.5 No such employee, agent or contractor may incur liabilities payable or reimbursable by any Owner(s), Occupant(s), Class A Member, the Declaration of Covenants, Conditions, Restrictions and Easements Page 31 134505193.11 149 Association or any combination of the foregoing in excess of dollars ($ ) without the Board's approval. 8.11 Services The power to institute any other services for the benefit of the Owners deemed advisable by the Association. 8.12 Taxes The power to pay any taxes and governmental assessments, which are or could become a lien on the Common Areas, or any portion thereof. 8.13 Discipline The power to initiate and execute disciplinary proceedings against Owners and Occupants for violations of the provisions of the Governing Documents. 8.14 Periodic Review of Financial Condition The power to periodically review the financial condition of the Association as required by applicable Law or as otherwise provided herein or in the Bylaws. 8.15 Budget The power to prepare annual budgets and financial statements for the Association and to distribute such budgets and financial statements to the Owners as required by applicable Law or as otherwise provided herein or in the Bylaws. 8.16 Litigation The power to prosecute or defend, in the name of the Association, any action affecting or relating to the Association and any action in which Owners holding at least a Majority Interest of the Owners have an interest. 8.17 Delegation of Powers The power to delegate any of its powers hereunder to other Persons, including, without limitation, committees, officers and employees. 8.18 Limitation on Liability of Officers and Directors; Indemnification 8.18.1 No Director, officer, committee member, employee or other agent of the Association (each, an "Association Agent"), shall be liable to any Owner or Occupant or any other Person (including, without limitation, the Association), for any Declaration of Covenants, Conditions, Restrictions and Easements Page 32 134505193.11 150 damage, loss, or prejudice suffered or claimed on account of any act, omission, error or negligence of any such Association Agent if such Association Agent has acted in good faith and in a manner such Association Agent reasonably believed to be in the best interests of the Association. 8.18.2 Each Owner, by accepting a deed or entering into a Lease, each Occupant, by accepting the right to occupy a Lot, and the Association, agrees personally and for all its Permittees to indemnify each Association Agent, and to defend such Association Agent against any liability for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of such Association Agent if such Association Agent has acted in good faith and in a manner such Association Agent believed to be in the best interests of the Association. 8.19 Right to Grant Easements 8.19.1 The power and the duty to grant utility and other easements, through and over the Common Areas, which are reasonably necessary or appropriate in connection with the operation or activities of the Association; provided, however, that such easements shall be limited only to the location, scope and size reasonably necessary to accomplish the stated purpose of such easement or to comply with any relevant governmental requirements. All such easements across the Common Areas in favor of the Association will be located so as to reasonably minimize, consistent with appropriate governmental requirements, the impact on the access and use of the adjacent Lots and the Common Areas. 8.19.2 The power but not the duty to relocate easements over and across the Common Areas; provided, however, that the Board shall use reasonable criteria in deciding which easements are to be relocated and to what location; provided, further, however, that the addition of real property to the Common Areas by the Association or the Owners shall require the consent of Segale so long as Segale owns any Lot. 8.20 Segale's Right to Approve So long as Segale owns any interest in any Lot(s) within the Project Area, the Board may not take any action that would substantially impair the rights of Segale under this Declaration or would substantially impair the value of any real property then owned by Segale, without the prior written consent of Segale to such proposed action(s). Declaration of Covenants, Conditions, Restrictions and Easements Page 33 134505193.11 151 ARTICLE 9. ENFORCEMENT 9.1 Abatement and Suit 9.1.1 Subject to the restrictions set forth in this Declaration and those imposed by Law, the violation or breach of any covenant, condition, restriction or provision contained in the Governing Documents shall give the Association and its agents, employees, representatives and contractors the right to abate and remove, at the expense of the Owner of such Lot, any structure, thing or condition that may exist in the Common Areas contrary to the provisions of the Governing Documents, if such violation or breach remains uncured for a period of twenty (20) Business Days after notice to the Owner of the Lot. If the violation or breach cannot be cured in such twenty (20)—Business Day period but the Owner or Occupant commences a cure within such period and thereafter diligently and continuously pursues such cure to completion, then the Association shall defer any action under this Section 9.1.1 until the expiration of such time period as is reasonably necessary for such Owner or Occupant to complete such cure. 9.1.2 The Association (acting on behalf of itself or as representative of the Owners) and any aggrieved Owner shall have the right to prosecute a proceeding at Law or in equity against any Owner or Occupant or any other Person or Persons who have violated or breached or are attempting to violate or breach any of the provisions, covenants, conditions, and restrictions set forth in the Governing Documents, to enjoin or prevent them from doing so, to cause said violation or breach to be remedied or to recover damages for said violation. Nothing herein contained shall be deemed to impose upon the Association or any aggrieved Owner any liability for the failure to correct or prosecute a violation or breach of the Governing Documents. 9.2 Inspection The Association and its respective Permittees may, from time to time at any reasonable hour or hours and without notice to any Owner or Occupant, enter and inspect any Lot to ascertain whether such Lot, the Improvements thereon, and the uses thereof are in compliance with the Governing Documents, and no such entering Person (or the Association itself) shall thereby be deemed guilty of, or become liable for, any manner of trespass or unlawful entrance in connection with such entry and inspection. 9.3 Failure to Enforce Not a Waiver of Rights The failure of the Association or any aggrieved Owner to enforce any covenant, condition, restriction or provision herein contained shall in no event be deemed to be a waiver of the right to thereafter do so or of the right to enforce any other covenant, condition, restriction or provision set forth in this Declaration. Declaration of Covenants, Conditions, Restrictions and Easements Page 34 134505193.11 152 9.4 Enforcing Violations The violation of any Permit or Law shall constitute a violation of this Declaration and shall be enforceable in accordance with the provisions of this Article 9. ARTICLE 10. TERMINATION AND AMENDMENT 10.1 Term The covenants, conditions and restrictions contained in this Declaration shall run with and bind the Project Area and shall inure to the benefit of and be enforceable by each Owner and its heirs, successors and assigns for a term commencing as of the Effective Date and terminating on December 31, 2127. 10.2 Amendments 10.2.1 Except as otherwise provided in this Declaration, neither this Declaration nor any provision hereof or any covenant, condition or restriction herein contained, may be terminated, extended, modified or amended, as to the whole of the Project Area or any portion thereof, except upon the approval of Owners entitled to vote seventy-five percent (75%) of the Total Entitlement and of the Class A Member. No such termination, extension, modification or amendment shall be effective until such termination, extension, modification or amendment has been certified in a document executed and acknowledged by an officer of the Association designated by the Board and has been recorded in the Official Records. Within a reasonable time after such document has been recorded, the Association shall mail a copy thereof to each Owner, together with a statement that such document has been recorded. 10.2.2 Any amendment recorded in accordance with this Section 10.2 shall be conclusive in favor of all Persons who rely upon it in good faith. ARTICLE 11. RIGHTS OF LENDERS 11.1 Priority of Lien of Mortgage This Declaration shall be and remain senior in priority to all Mortgages executed upon the Project Area, any Lot or any portion thereof after the date of recording of this Declaration, provided, however, that no breach of the covenants, conditions or restrictions herein contained shall affect, impair, defeat or render invalid the lien, charge or priority of any Mortgage made in good faith and for value encumbering any Lot. Any Mortgagee or other Owner whose title to a Lot is derived through foreclosure (judicial or nonjudicial), trustee's sale or deed in lieu of foreclosure, shall take title to such Lot subject to, and shall be bound by, all the covenants, conditions and restrictions set forth in this Declaration. Declaration of Covenants, Conditions, Restrictions and Easements Page 35 134505193.11 153 11.2 Curing of Defaults Any Mortgagee who acquires title by judicial foreclosure, deed in lieu of foreclosure (judicial or nonjudicial) or trustee's sale shall not be obligated to cure any breach or violation of the provisions of this Declaration which is incurable or of a type which is not practical or possible to cure. In the event that any Assessment on any Lot becomes delinquent or another default under this Declaration occurs, the Association shall provide the Mortgagee with notice of such default, provided, however that the Owner of such Lot must have furnished the Association with the current address of the Mortgagee. The Mortgagee shall thereafter have the right to cure such default within a reasonable time or to commence foreclosure proceedings. If any Mortgagee commences foreclosure proceedings or gives notice to the Association that it is commencing negotiations for a deed in lieu of foreclosure, the Association shall stay any foreclosure proceedings instituted by it until the conclusion of Mortgagee's proceedings or negotiations, provided however, that Mortgagee diligently and continuously pursues such action to completion. 11.3 Availability of Documents The Association shall make available to Owners and Mortgagees current copies of the Governing Documents, as well as the books, records and financial statements of the Association. "Available" means available for inspection, upon request, at the offices of the Association during normal business hours. Upon written request, any Mortgagee shall be entitled to receive an audited statement for the immediately preceding Fiscal Year, which audited statement shall be prepared at the expense of such Mortgagee if not otherwise available. Any such financial statement so requested shall be furnished within a reasonable time following such request. 11.4 Conflicts In the event of any conflict between any of the provisions of this Article 11 and any of the other provisions of this Declaration, the provisions of this Article 11 shall control. ARTICLE 12. MISCELLANEOUS PROVISIONS 12.1 Constructive Notice and Acceptance Every Person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Project Area or any Lot is and shall be conclusively deemed to have consented and agreed to every covenant, condition, restriction and provision contained in this Declaration, whether or not any reference to this Declaration is contained in the instrument by which such Person acquired an interest in the Project Area. Declaration of Covenants, Conditions, Restrictions and Easements Page 36 134505193.11 154 12.2 Rights Under Other Documents Nothing herein contained shall prejudice or diminish in any way rights under any other documents which may be subsequently recorded against all or any portions of the Project Area. 12.3 Public Infrastructure Financing In the event that at any time the Association is required pursuant to the Development Agreement or chooses to obtain public bond financing to finance Common Area Facilities, then each Owner of a Lot so affected shall consent to such public bond financing, participate in any special districts established in connection therewith, assume its proportionate share of the obligations created thereby and subject such Lot(s) to the lien of any assessments imposed therefore. 12.4 Completion of Construction by Owner Owner and its Permittees shall have the right to complete the construction of on- site and off-site improvements on or in the vicinity of the Project Area, including, without limitation, grading, trenching, preparation of streets and curbs and installation of utilities, and shall have an easement over the Lots and Common Areas for such purpose, and neither the Association nor any Occupant shall interfere with or impede the completion of such construction. In the event that, prior to completion of such construction, Owner or its Permittees performing under this Section 12.4 reasonably determine that the activities of any Occupant upon the Common Areas or upon such Occupant's Lot may interfere or does interfere with such construction, then Owner or such Permittee shall be entitled to impose such reasonable conditions and limitations upon such Occupant's activities as the Association, in its reasonable discretion, determines to be necessary or appropriate to avoid such interference, provided however, that Association shall incur no liability arising out of either the imposition of, or the failure to impose, such conditions. 12.5 Notices Except as otherwise expressly provided in this Declaration or required by Law, all notices, consents, requests, demands, approvals, authorizations and other communications provided for herein shall be in writing and shall be deemed to have been duly given if and when personally served or three (3) Business Days after being sent by United States first class mail, postage prepaid, to the intended party at its last known address. For purposes of this Section 12.5, "last known address" with respect to any Owner shall mean such Owner's address appearing on the books of the Association or supplied by such Owner to the Association. If no address is supplied, then such Owner's address shall be deemed to be the address of any Lot owned by such Owner. Declaration of Covenants, Conditions, Restrictions and Easements Page 37 134505193.11 155 With respect to (i) any such notice, consent, request, demand, approval, authorization or communication and (ii) any document or instrument (whether a Governing Document or otherwise) given or made available to any Owner hereunder or under any of the other Governing Documents and which might concern an Occupant of such Owner's Lot, it shall be the sole responsibility of such Owner (but in no event the responsibility of the Association) to make a copy thereof available in a timely manner to such Occupant. 12.6 Liberal Construction The provisions of this Declaration shall be liberally construed to effectuate its purpose. The failure to enforce any provision of this Declaration shall not constitute a waiver of the right to thereafter enforce such provision or the right to enforce any other provision hereof. 12.7 Singular Includes Plural Whenever the context of this Declaration requires, the singular shall include the plural and vice versa, and the masculine shall include the feminine and the neuter, and vice versa. 12.8 Effect of Invalidation Each covenant, condition or restriction of this Declaration is intended to be, and shall be construed as, independent and severable from each other covenant, condition and restriction. If any covenant, condition or restriction of this Declaration is held to be invalid by any court, the invalidity of such covenant, condition or restriction shall not affect the validity of the remaining covenants, conditions and restrictions hereof. 12.9 No Discriminatory Restrictions No Owner or Occupant shall execute or cause to be recorded any instrument that imposes a restriction upon the sale, leasing or occupancy of its Lot on the basis of race, sex, marital status, national ancestry, color, religion or any other protected class. 12.10 Cumulative Remedies Each remedy provided for in this Declaration and/or in the other Governing Documents shall be cumulative and not exclusive. The failure to exercise any remedy provided for in this Declaration or any other Governing Document shall not constitute a waiver of such remedy or of any other remedy provided herein or therein. Declaration of Covenants, Conditions, Restrictions and Easements Page 38 134505193.11 156 12.11 Attorneys' Fees and Costs If any Person commences litigation for the judicial interpretation or enforcement hereof or of any of the other Governing Documents, or for damages for the breach hereof or of any of the other Governing Documents, the prevailing party shall be entitled to its reasonable attorneys' fees and court and other costs incurred. 12.12 Conflicting Provisions In the case of any conflict between this Declaration and any other Governing Document or Governing Documents, this Declaration shall control. [The remainder of this page is left intentionally blank] Declaration of Covenants, Conditions, Restrictions and Easements Page 39 134505193.11 157 DECLARANT: SEGALE PROPERTIES LLC, a Washington limited liability company By Metro Land Development, Inc. Its Manager By: Name: Title: Declaration of Covenants, Conditions, Restrictions and Easements Page 40 134505193.11 158 STATE OF WASHINGTON) COUNTY OF KING ) ss. ) On this day of , 20, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M.A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., as Manager of SEGALE PROPERTIES LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the limited liability company and that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: Declaration of Covenants, Conditions, Restrictions and Easements Page 41 134505193.11 159 EXHIBIT A-1 to Declaration of Covenants, Conditions, Restrictions and Easements Legal Description of the Project Area Declaration of Covenants, Conditions, Restrictions and Easements Page 42 134505193.11 160 EXHIBIT A-2 to Declaration of Covenants, Conditions, Restrictions and Easements Depiction of the Project Area Declaration of Covenants, Conditions, Restrictions and Easements Page 43 134505193.11 161 EXHIBIT B to Declaration of Covenants, Conditions, Restrictions and Easements Properties Holding Easements to the Common Areas Declaration of Covenants, Conditions, Restrictions and Easements Page 44 134505193.11 162 EXHIBIT C-1 to Declaration of Covenants, Conditions, Restrictions and Easements Legal Description of the NGPA Declaration of Covenants, Conditions, Restrictions and Easements Page 45 134505193.11 163 EXHIBIT C-2 to Declaration of Covenants, Conditions, Restrictions and Easements Depiction of the NGPA Declaration of Covenants, Conditions, Restrictions and Easements Page 46 134505193.11 164 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) Attachment F 165 Every subdivision shall comply with the provisions of this This subdivision has been RCW 58.17.030 chapter. Every short subdivision as defined in this reviewed by the Planning and chapter shall comply with the provisions of any local Building divisions within Subdivisions to comply with regulation adopted pursuant to RCW 58.17.060. Community Development, Fire, Public Works, and the Police [1974 ex.s. c 134 § 1; 1969 ex.s. c 271 § 3.] chapter, local Department to ensure regulations. compliance with state and local regulations. (1) A proposed division of land, as defined in RCW (1) This subdivision has been RCW 58.17.033 58.17.020, shall be considered under the reviewed for consistency subdivision or short subdivision ordinance, and with the Tukwila Proposed zoning or other land use control ordinances, in subdivision regulations division of effect on the land at the time a fully completed contained in TMC Chapter land— application for preliminary plat approval of the 17.14. Consideration subdivision, or short plat approval of the short (2) The requirements for a of application subdivision, has been submitted to the complete subdivision for preliminary appropriate county, city, or town official. application were adopted plat or short (2) The requirements for a fully completed by ordinance and codified plat approval— application shall be defined by local ordinance. in section 17.14.030 of the Requirements (3) The limitations imposed by this section shall not TMC. defined by local restrict conditions imposed under chapter (3) This project was reviewed ordinance. 43.21C RCW. [1987 c 104 § 2.] for compliance with chapter 43.12C and was issued a Final Environmental Impact Statement under SEPA. A preliminary plat of proposed subdivisions and Met RCW 58.17.070 dedications of land shall be submitted for approval to the legislative body of the city, town, or county within Preliminary plat which the plat is situated. of subdivisions Unless an applicant for preliminary plat approval and requests otherwise, a preliminary plat shall be processed dedications— Submission for simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and approval— similar quasi-judicial or administrative actions to the Procedure. extent that procedural requirements applicable to these actions permit simultaneous processing. [1981 c 293 § 4; 1969 ex.s. c 271 § 7.] 165 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.080 Filing of preliminary plat—Notice. Notice of the filing of a preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities. Any notice required by this chapter shall include the hour and location of the hearing and a description of the property to be platted. Notice of the filing of a preliminary plat of a proposed subdivision located in a city or town and adjoining the municipal boundaries thereof shall be given to appropriate county officials. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the secretary of transportation. In the case of notification to the secretary of transportation, the secretary shall respond to the notifying authority within fifteen days of such notice as to the effect that the proposed subdivision will have on the state highway or the state or municipal airport. [1982 c 23 § 1; 1969 ex.s. c 271 § 8.] The Notice of Application for this project was sent to the City of SeaTac and to the City of Kent. Notice of the filing of the preliminary plat was provided to county officials, including the King County Assessor's Office and King County Metro. Notice was provided to WSDOT. SeaTac International Airport is not classified as a state or municipal airport. 166 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) 167 (1) Upon receipt of an application for preliminary Notices for the preliminary plat RCW 58.17.090 plat approval the administrative officer charged by and the final plat of this project ordinance with responsibility for administration of met these requirements. See Notice of public regulations pertaining to platting and subdivisions shall staff report for Notice of hearing. provide public notice and set a date for a public hearing. Hearing dates and notice types. Except as provided in RCW 36.70B.110, at a minimum, Notices for public hearings associated with land use notice of the hearing shall be given in the following manner: applications are published (a) Notice shall be published not less than ten days within the Seattle Times 14 prior to the hearing in a newspaper of general days prior to the date of the circulation within the county and a newspaper of notice, posted on site, and general circulation in the area where the real property mailed to surrounding property which is proposed to be subdivided is located; and owners and tenants within 500 (b) Special notice of the hearing shall be given to adjacent landowners by any other reasonable method local authorities deem necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection (1)(b) shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. feet of the project site. (2) All hearings shall be public. All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. [1995 c 347 § 426; 1981 c 293 § 5; 1974 ex.s. c 134 § 4; 1969 ex.s. c 271 § 9.] Any notice made under chapter 58.17 or 36.70B Bounding areas and a vicinity RCW 58.17.092 RCW that identifies affected property may identify this map were used to identify this affected property without using a legal description of project in notice materials. Public notice— the property including, but not limited to, identification Identification of by an address, written description, vicinity sketch, or affected other reasonable means. property. [1995 c 347 § 427; 1988 c 168 § 12.] 167 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.110 Approval or disapproval of subdivision and dedication— Factors to be considered— Conditions for approval— Finding— Release from damages. (1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication. (2) A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body makes written findings that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the legislative body shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The legislative body shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners. (3) If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city, This project was reviewed during the preliminary plat stage for compliance with the City's Comprehensive Plan and zoning requirements to ensure that the public interest would be served by its establishment. Project plans were reviewed by departments within the City and applicable utility agencies to ensure it includes appropriate provisions for public health, safety, and general welfare, for open spaces, storm drainage, streets, transit stops, potable water supplies, and sanitary wastes. Dedications are shown on the plat. 168 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) town, or county legislative body must adopt the designated name. [1995 c 32 § 3; 1990 1st ex.s. c 17 § 52; 1989 c 330 § 3; 1974 ex.s. c 134 § 5; 1969 ex.s. c 271 § 11.] 169 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) 170 The city, town, or county legislative body shall This subdivision has been RCW 58.17.120 consider the physical characteristics of a proposed reviewed by the Public Works subdivision site and may disapprove a proposed plat Department for conformance Disapproval due because of flood, inundation, or swamp conditions. with storm drainage to flood, inundation or Construction of protective improvements may be required as a condition of approval, and such requirements. swamp improvements shall be noted on the final plat. conditions— No plat shall be approved by any city, town, or Improvements county legislative authority covering any land situated in —Approval a flood control zone as provided in chapter 86.16 RCW conditions. without the prior written approval of the department of ecology of the state of Washington. [1974 ex.s. c 134 § 6; 1969 ex.s. c 271 § 12.] RCW 58.17.130 Local regulations shall provide that in lieu of the All infrastructure for Phase I of completion of the actual construction of any required Tukwila South has been Bond in lieu of improvements prior to the approval of a final plat, the constructed. actual construction of city, town, or county legislative body may accept a bond, in an amount and with surety and conditions satisfactory improvements to it, or other secure method, providing for and securing to the municipality the actual construction and prior to installation of such improvements within a period approval of specified by the city, town, or county legislative body final plat—Bond and expressed in the bonds. In addition, local or security to assure regulations may provide for methods of security, including the posting of a bond securing to the successful operation of municipality the successful operation of improvements for an appropriate period of time up to two years after final approval. The municipality is hereby granted the improvements. power to enforce bonds authorized under this section by all appropriate legal and equitable remedies. Such local regulations may provide that the improvements such as structures, sewers, and water systems shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of such improvements. [1974 ex.s. c 134 § 7; 1969 ex.s. c 271 § 13.] 170 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.140 Time limitation for approval or disapproval of plats— Extensions. (1) Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3): PROVIDED, That if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. (2) Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. (3)(a) Except as provided by (b) of this subsection, a final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. (b) A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within ten years of the date of preliminary plat approval if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007. (4) Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements. [2013 c 16 § 1; 2012 c 92 § 1; 2010 c 79 § 1; 1995 c 68 § 1; 1986 c 233 § 2; 1983 c 121 § 3; 1981 c 293 § 7; 1974 ex.s. c 134 § 8; 1969 ex.s. c 271 § 14.] This application received preliminary approval on October 9, 2017. Final plat approval for all phases of this subdivision is required by October 9, 2022 unless an extension is granted as allowed under TMC 17.14.050. 171 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.150 Recommendati ons of certain agencies to accompany plats submitted for final approval. Each preliminary plat submitted for final approval of the legislative body shall be accompanied by the following agencies' recommendations for approval or disapproval: (1) Local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply; (2) Local planning agency or commission, charged with the responsibility of reviewing plats and subdivisions, as to compliance with all terms of the preliminary approval of the proposed plat subdivision or dedication; (3) City, town or county engineer. Except as provided in RCW 58.17.140, an agency or person issuing a recommendation for subsequent approval under subsections (1) and (3) of this section shall not modify the terms of its recommendations without the consent of the applicant. [1983 c 121 § 4; 1981 c 293 § 8; 1969 ex.s. c 271 § 15.] (1) (2) (3) According to the Highline Water District water is available, and each development proposal within the subdivision will require a Developer Extension Agreement and a Certificate of Water Availability. The PW Director has made a finding regarding adequacy of water, storm drainage, erosion control and sanitary sewage disposal for the subdivision that are consistent with current standards and plans. See staff report for discussion of project compliance with all terms of the preliminary approval. All phases have been reviewed as part of the Preliminary Approval application. Suggested changes to the conditions of approval have been made with consent of the applicant. 172 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.160 Requirements for each plat or replat filed for record. Each and every plat, or replat, of any property filed for record shall: (1) Contain a statement of approval from the city, town or county licensed road engineer or by a licensed engineer acting on behalf of the city, town or county as to the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems, and other structures; (2) Be accompanied by a complete survey of the section or sections in which the plat or replat is located made to surveying standards adopted by the division of engineering services of the department of natural resources pursuant to RCW 58.24.040. (3) Be acknowledged by the person filing the plat before the auditor of the county in which the land is located, or any other officer who is authorized by law to take acknowledgment of deeds, and a certificate of said acknowledgment shall be enclosed or annexed to such plat and recorded therewith. (4) Contain a certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. No engineer who is connected in any way with the subdividing and platting of the land for which subdivision approval is sought, shall examine and approve such plats on behalf of any city, town or county. [1985 c 99 § 1; 1969 ex.s. c 271 § 16.] (1) The subdivision, together with the Development Agreement, makes appropriate provision for roads and utilities. Construction of the utilities and roads, including the private access roads, will be required to serve the proposed lots in the subdivision. The PW Director has approved and signed the final plat. (2) Met (3) Met (4) Met — The final subdivision plat survey includes a certificate to be signed by the Tukwila Finance Director and the King County Treasurer. 173 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.165 Certificate giving description and statement of owners must accompany final plat— Dedication, certificate requirements if plat contains— Waiver. RCW 58.17.165 Certificate giving description and statement of owners must accompany final plat—Dedication, certificate requirements if plat contains—Waiver. Every final plat or short plat of a subdivision or short subdivision filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat or short plat, including a statement that the subdivision or short subdivision has been made with the free consent and in accordance with the desires of the owner or owners. If the plat or short plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private as shown on the plat or short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat. Every plat and short plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by local authorities as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes, as a quitclaim deed to the said donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid. [1981 c 293 § 9; 1969 ex.s. c 271 § 30.] Met 174 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.170 Written approval of subdivision— Original of final plat to be filed—Copies— Periods of validity, governance. (1) When the legislative body of the city, town or county finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meets the requirements of this chapter, other applicable state laws, and any local ordinances adopted under this chapter which were in effect at the time of preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat. The original of said final plat shall be filed for record with the county auditor. One reproducible copy shall be furnished to the city, town or county engineer. One paper copy shall be filed with the county assessor. Paper copies shall be provided to such other agencies as may be required by ordinance. (2)(a) Except as provided by (b) of this subsection, any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015. (b) Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of ten years from the date of filing if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of filing is on or before December 31, 2007. (3)(a) Except as provided by (b) of this subsection, a subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of seven years after final plat approval if the date of final plat approval is on or before December 31, 2014, and for a period of five years after final plat approval if the date of final plat approval is on or after January 1, 2015, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (b) A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of ten years after final plat approval if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of final plat approval is on or before December 31, 2007, unless the legislative body finds that a change City Council will hold a public hearing and make its decision by motion. The mayor shall sign the plat and these requirements shall be met at time of recording. 175 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) in conditions creates a serious threat to the public health or safety in the subdivision. [2013 c 16 § 2; 2012 c 92 § 2; 2010 c 79 § 2; 1981 c 293 § 10; 1969 ex.s. c 271 § 17.] 176 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.180 Review of decision. Any decision approving or disapproving any plat shall be reviewable under chapter 36.70C RCW. Met [1995 c 347 § 717; 1983 c 121 § 5; 1969 ex.s. c 271 § 18.] RCW 58.17.190 Approval of plat required before filing— Procedure when unapproved plat filed. The county auditor shall refuse to accept any plat for filing until approval of the plat has been given by the appropriate legislative body. Should a plat or dedication be filed without such approval, the prosecuting attorney of the county in which the plat is filed shall apply for a writ of mandate in the name of and on behalf of the legislative body required to approve same, directing the auditor and assessor to remove from their files or records the unapproved plat, or dedication of record. [1969 ex.s. c 271 § 19.] To be met RCW 58.17.195 Approval of plat or short plat— Written finding of conformity with applicable land use controls. No plat or short plat may be approved unless the city, town, or county makes a formal written finding of fact that the proposed subdivision or proposed short subdivision is in conformity with any applicable zoning ordinance or other land use controls which may exist. [1981 c 293 § 14.] Met RCW 58.17.200 Injunctive action to restrain subdivision, sale, transfer of land where final plat not filed. Whenever any parcel of land is divided into five or more lots, tracts, or parcels of land and any person, firm or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision filed for record, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property. [1969 ex.s. c 271 § 20.] To be met by applicant 177 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.205 Agreements to transfer land conditioned on final plat approval— Authorized. If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this chapter, the offer or agreement is not subject to RCW 58.17.200 or 58.17.300 To be met by applicant and does not violate any provision of this chapter. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. [1981 c 293 § 12.] RCW 58.17.250 Survey of subdivision and preparation of plat. The survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. [1969 ex.s. c 271 § 26.] Met — see Land Surveyor's Certificate on Sheet 1 RCW 58.17.255 Survey discrepancy— Disclosure. Whenever a survey of a proposed subdivision or short subdivision reveals a discrepancy, the discrepancy shall be noted on the face of the final plat or short plat. Any discrepancy shall be disclosed in a title report prepared by a title insurer and issued after the filing of the final plat or short plat. As used in this section, "discrepancy" means: (1) A boundary hiatus; (2) an overlapping boundary; or (3) a physical appurtenance, which indicates encroachment, lines of possession, or conflict of title. [1987 c 354 § 6.] Not applicable RCW 58.17.280 Naming and numbering of short subdivisions, subdivisions, streets, lots and blocks. Any city, town or county shall, by ordinance, regulate the procedure whereby short subdivisions, subdivisions, streets, lots and blocks are named and numbered. A lot numbering system and a house address system, however, shall be provided by the municipality for short subdivisions and subdivisions and must be clearly shown on the short plat or final plat at the time of approval. [1993 c 486 § 1; 1969 ex.s. c 271 § 29.] Met 178 Concurrency with Applicable State Subdivision Requirements (RCW 58.17) RCW 58.17.330 Hearing examiner system— Adoption authorized— Procedures— Decisions. (1) As an alternative to those provisions of this chapter requiring a planning commission to hear and issue recommendations for plat approval, the county or city legislative body may adopt a hearing examiner system and shall specify by ordinance the legal effect of the decisions made by the examiner. The legal effect of such decisions shall include one of the following: (a) The decision may be given the effect of a recommendation to the legislative body; (b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body; or (c) The decision may be given the effect of a final decision of the legislative body. The legislative authority shall prescribe procedures to be followed by a hearing examiner. (2) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Each final decision of a hearing examiner, unless a longer period is mutually agreed to by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings. [1995 c 347 § 429; 1994 c 257 § 6; 1977 ex.s. c 213 § 4.] The Hearing Examiner approved the preliminary plat as allowed under TMC Title 17 and 18. The final plat is subject to City Council approval. 179 180 Tukwila South Subdivision Final Plat Review DECEMBER 4TH, 2017 CITY OF TUKWILA REGULAR COUNCIL MEETING 8 N Presentation Overview 1. Review Process 2. Background Information — Site and Project 3. Proposal Review • Staff Recommendations Tukwila South Subdivision Final Plat Review — December 4, 2017 2 Review Process - History ■ In 2005 the City issued a Final Environmental Impact Statement under SEPA. ■ In 2009 the City and Applicant entered into a development agreement for the Project. ■ In 2010 the City approved a Sensitive Areas Master Plan. ■ In 2011 the City issued a grading permit for mass grading of the Tukwila South area. ■ On September 19, 2017 the Hearing Examiner held a public hearing for a Preliminary Plat application. Approval for the Preliminary Plat by the Hearing Examiner was provided on October 9th, 2017. Tukwila South Subdivision Final Plat Review — December 4, 2017 03 Review Process —Final Plat Proposal Motion to approve the application for Tukwila South Final Plat — Phase 1, creating a new lot layout and phasing plan for parcels within the Tukwila South Development, located generally in the area bounded by S. 180th Street to the north, South 204th Street to the south, the Green River to the east and Orillia Road and 1-5 to the west as adopted by and set forth in the findings of fact, conclusions, and recommendations contained in the Staff Report for L17- 0068 as the City Council's final decision on this matter. Tukwila South Subdivision Final Plat Review — December 4, 2017 Project Background — Subdivision Layout The Tukwila South property is proposed to be initially split into 14 "Future Development Tracts", two "Open- Space Tracts", two "Regional Detention Tracts", five "Sensitive Area Tracts", and one "Non- Buildable Tract." The property is subsequently divided into 42 lots, ranging in size from 1.40 acres to 21.55 acres. The larger lots are intended for use by large scale campus -style development for regional employers. The smaller lots will allow for street level retail uses to serve the office/campus and residential uses. Tukwila South Subdivision Final Plat Review — December 4, 2017 Ni4 62nd -Ave -S 59th -PI -S 0-14tre-r;P k7eci 51 •• ...,...r1.. ,..,.\ .... ___. r . \ ...,.. ,., -,.„, ...,.. 4,- i ...- ' \ . (.11 4 Bth -Ave-S 46 ., I -h. \ I -A C.4 .. • E M ED ... ...-- \ - ..- ' \ \ IL\ 51 . .... . \ 1 - - \ \ . .. \\\ ,, -.J. \ \ \ Crl s' \ 5. 'IL Ca r CO al 3 . ..\\ i -,,.... 116 . 1 . co. co zo' , — 1 mighz k_.,„. 1t ,..., cc, '-,.., ,...q., N. n' gr co ii ..4.- \ . cbr ,1 - , • fon ,--- ,--- ' . P•ii r 6 ,., — L.22 • 64th -Ave S i 6 SKT-2 • r _E`+: _ S. =*. _ : .-- ASE _+= • a. te'-Las r z • • Ns NBT -1 TUKWILA SOUTH FINAL PLAT PHASE 1 PORTIONS OF SEC. 35, TWA, 23 M, R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N„ R. 4 E.W.M. TUKWILA, WASHINGTON. 1' PRIVATE ROAD ACCESS TRACT 1 L.__ OPEN SPACE TRACT 2 GRAPHIC SCALE i i i a ----*•--*•� DENOTES FINAL PLAT BOUNDARY RD-# DENOTES REGIONAL DETENTION TRACT SAT-# DENOTES SENSITIVE AREA TRACT OPEN SPACE TRACT 1 SAT -4 5 tz_trvreRsrAr� �-s PDT -13 1 P• 1 FDT-14 TIVAT x DENOTES FINAL PLAT PHASE ONE COMMON AREAS DENOTES FINAL PLAT PHASE 1, LOT 1 DENOTES FINAL PLAT PHASE 1, LOTS 2 AND 3 PHASE 1 F➢TN DENOTES FINAL PLAT PHASE 1 FUTURE DEVELOPMENT TRACTS PHASE 1 DENOTES FINAL PLAT PHASE 1 NBT# NON-BDILDABLE TRACT 1 Jl� qQ` N RECEIVED T r2, A 9 L PLAT PHASE MAP Sensitive Area Tracts Lands that primarily contain sensitive areas as identified in the Sensitive Area Master Plan (sAMP). Tukwila South Subdivision Final Plat Review — December 4, 2017 NBT -1 TUKWILA SOUTH FINAL PLAT PHASE 1 PORTIONS OF SEC. 35, TWA, 23 M, R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N„ R. 4 E.W.M. TUKWILA, WASHINGTON. 1' PRIVATE ROAD ACCESS TRACT 1 L.__ OPEN SPACE TRACT 2 GRAPHIC SCALE i i i a ----*•--*•� DENOTES FINAL PLAT BOUNDARY RD-# DENOTES REGIONAL DETENTION TRACT SAT-# DENOTES SENSITIVE AREA TRACT OPEN SPACE TRACT 1 SAT -4 5 tz_trvreRsrAr� �-s PDT -13 1 P• 1 FDT-14 TIVAT x DENOTES FINAL PLAT PHASE ONE COMMON AREAS DENOTES FINAL PLAT PHASE 1, LOT 1 DENOTES FINAL PLAT PHASE 1, LOTS 2 AND 3 PHASE 1 F➢TN DENOTES FINAL PLAT PHASE 1 FUTURE DEVELOPMENT TRACTS PHASE 1 DENOTES FINAL PLAT PHASE 1 NBT# NON-BDILDABLE TRACT 1 Jl� qQ` N RECEIVED T r2, A 9 L PLAT PHASE MAP Future Development Tracts Lands that include one or more future lots and/or Non- Buildable Tracts (NBTs), which lots and tracts will be finalized and recorded with later phases of the final plat. Tukwila South Subdivision Final Plat Review — December 4, 2017 NBT -1 TUKWILA SOUTH FINAL PLAT PHASE 1 PORTIONS OF SEC. 35, TWA, 23 M, R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N„ R. 4 E.W.M. TUKWILA, WASHINGTON. 1' PRIVATE ROAD ACCESS TRACT 1 L.__ OPEN SPACE TRACT 2 GRAPHIC SCALE i i i a ----*•--*•� DENOTES FINAL PLAT BOUNDARY RD-# DENOTES REGIONAL DETENTION TRACT SAT-# DENOTES SENSITIVE AREA TRACT OPEN SPACE TRACT 1 SAT -4 5 tz_trvreRsrAr� �-s PDT -13 1 P• 1 FDT-14 TIVAT x DENOTES FINAL PLAT PHASE ONE COMMON AREAS DENOTES FINAL PLAT PHASE 1, LOT 1 DENOTES FINAL PLAT PHASE 1, LOTS 2 AND 3 PHASE 1 F➢TN DENOTES FINAL PLAT PHASE 1 FUTURE DEVELOPMENT TRACTS PHASE 1 DENOTES FINAL PLAT PHASE 1 NBT# NON-BDILDABLE TRACT 1 Jl� qQ` N RECEIVED T r2, A 9 L PLAT PHASE MAP Non -Buildable Tracts Lands that are not suitable for development due to unavailability of utilities and/or access. Such tracts are reserved by Segale Properties LLC, its successors and & assigns for future development, provided that no development shall occur nor will the City of Tukwila issue any type of development permits until: A) The property owner is granted approval by the City of Tukwila to remove the Non -Buildable Tract status by going through a plat alteration process pursuant to RCW 58.17.215; and B) Utilities and access that meet the City of Tukwila's adopted standards are provided to these tracts. Ti Tukwila South Subdivision Final Plat Review — December 4, 2017 NBT -1 TUKWILA SOUTH FINAL PLAT PHASE 1 PORTIONS OF SEC. 35, TWA, 23 M, R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N„ R. 4 E.W.M. TUKWILA, WASHINGTON. 1' PRIVATE ROAD ACCESS TRACT 1 L.__ OPEN SPACE TRACT 2 GRAPHIC SCALE i i i a ----*•--*•� DENOTES FINAL PLAT BOUNDARY RD-# DENOTES REGIONAL DETENTION TRACT SAT-# DENOTES SENSITIVE AREA TRACT OPEN SPACE TRACT 1 SAT -4 5 tz_trvreRsrAr� �-s PDT -13 1 P• 1 FDT-14 TIVAT x DENOTES FINAL PLAT PHASE ONE COMMON AREAS DENOTES FINAL PLAT PHASE 1, LOT 1 DENOTES FINAL PLAT PHASE 1, LOTS 2 AND 3 PHASE 1 F➢TN DENOTES FINAL PLAT PHASE 1 FUTURE DEVELOPMENT TRACTS PHASE 1 DENOTES FINAL PLAT PHASE 1 NBT# NON-BDILDABLE TRACT 1 Jl� qQ` N RECEIVED T r2, A 9 L PLAT PHASE MAP Regional Detention Tracts Lands that contain a regional detention pond. Tukwila South Subdivision Final Plat Review — December 4, 2017 NBT -1 TUKWILA SOUTH FINAL PLAT PHASE 1 PORTIONS OF SEC. 35, TWA, 23 M, R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N„ R. 4 E.W.M. TUKWILA, WASHINGTON. 1' PRIVATE ROAD ACCESS TRACT 1 L.__ OPEN SPACE TRACT 2 GRAPHIC SCALE i i i a ----*•--*•� DENOTES FINAL PLAT BOUNDARY RD-# DENOTES REGIONAL DETENTION TRACT SAT-# DENOTES SENSITIVE AREA TRACT OPEN SPACE TRACT 1 SAT -4 5 tz_trvreRsrAr� �-s PDT -13 1 P• 1 FDT-14 TIVAT x DENOTES FINAL PLAT PHASE ONE COMMON AREAS DENOTES FINAL PLAT PHASE 1, LOT 1 DENOTES FINAL PLAT PHASE 1, LOTS 2 AND 3 PHASE 1 F➢TN DENOTES FINAL PLAT PHASE 1 FUTURE DEVELOPMENT TRACTS PHASE 1 DENOTES FINAL PLAT PHASE 1 NBT# NON-BDILDABLE TRACT 1 Jl� qQ` N RECEIVED T r2, A 9 L PLAT PHASE MAP Open -Space Tracts Lands not suitable for development. Open space tracts will be owned and maintained by Segale Properties LLC and may be conveyed to an owner's association in the future. Construction of pavement structures shall be prohibited on open space tracts, provided that limited development of trails and/or other recreational facilities, consistent with applicable codes, laws and regulations, shall be allowed. CD Tukwila South Subdivision Final Plat Review — December 4, 2017 NBT -1 TUKWILA SOUTH FINAL PLAT PHASE 1 PORTIONS OF SEC. 35, TWA, 23 M, R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N„ R. 4 E.W.M. TUKWILA, WASHINGTON. 1' PRIVATE ROAD ACCESS TRACT 1 L.__ OPEN SPACE TRACT 2 GRAPHIC SCALE i i i a ----*•--*•� DENOTES FINAL PLAT BOUNDARY RD-# DENOTES REGIONAL DETENTION TRACT SAT-# DENOTES SENSITIVE AREA TRACT OPEN SPACE TRACT 1 SAT -4 5 tz_trvreRsrAr� �-s PDT -13 1 P• 1 FDT-14 TIVAT x DENOTES FINAL PLAT PHASE ONE COMMON AREAS DENOTES FINAL PLAT PHASE 1, LOT 1 DENOTES FINAL PLAT PHASE 1, LOTS 2 AND 3 PHASE 1 F➢TN DENOTES FINAL PLAT PHASE 1 FUTURE DEVELOPMENT TRACTS PHASE 1 DENOTES FINAL PLAT PHASE 1 NBT# NON-BDILDABLE TRACT 1 Jl� qQ` N RECEIVED T r2, A 9 L PLAT PHASE MAP Lot Developable lands accessed via an existing road, with water, sewer, stormwater and all dry utilities (e.g., power and cable) stubbed to each Lot. N 0 Tukwila South Subdivision Final Plat Review — December 4, 2017 NBT -1 TUKWILA SOUTH FINAL PLAT PHASE 1 PORTIONS OF SEC. 35, TWA, 23 M, R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N„ R. 4 E.W.M. TUKWILA, WASHINGTON. PRIVATE ROAD ACCESS TRACT 1 L OPEN SPACE TRACT 2 SAT -4 GRAPHIC SCALE i i i a ----*•--*•� DENOTES FINAL PLAT BOUNDARY RD-# DENOTES REGIONAL DETENTION TRACT SAT-# DENOTES SENSITIVE AREA TRACT OPEN SPACE TRACT 1 FDT-14 P-\ 11 Vrr DENOTES FINAL PLAT PHASE ONE COMMON AREAS DENOTES FINAL PLAT PHASE 1, LOT 1 DENOTES FINAL PLAT PHASE 1, LOTS 2 AND 3 PHASE 1 FDTN DENOTES FINAL PLAT PHASE 1 FUTURE DEVELOPMENT TRACTS PHASE 1 DENOTES FINAL PLAT PHASE 1 NBT# NON -BUILDABLE TRACT 1 TIVAT FDT-13 x Jl\ 'Fri qQ` \ N RECEIVED T rte. A 9 IS L PLAT PHASE MAP Staff Recommendation Approval of the Final Subdivision application for Phase 1 of the Tukwila South Project and approval of the phasing plan. N 0 W Tukwila South Subdivision Final Plat Review — December 4, 2017 N 0 Project Motions (Sample) Final Plat Approval I move to approve the Tukwila South Final Plat — Phase One, creating a new lot layout and phasing plan for parcels within the Tukwila South development, located generally in the area bounded by S. 180th St to the north, S. 204th St to the south, the Green River to the east and Orillia Road and 1-5 to the west as adopted by and set forth in the findings of fact, conclusions, and recommendations contained in the staff report L17-0068 as the City Council's final decision on this matter. Tukwila South Subdivision Final Plat Review — December 4, 2017 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mi�� review Council view 12/04/17 LH e �L, ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ►1 Discussion Mtg Date SPONSOR 11 Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R 11Police ❑PW ❑Court SPONSOR'S The City Council requested an update from the Public Safety Bond Financial Oversight SUMMARY Committee. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N / A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE City Council ITEM INFORMATION ITEM No. 5.B. 205 STAFF SPONSOR: SEAN GOODE ORIGIN AI,AGENDA DATE: 12/4/17 AGENDA ITEM TITLE Report from the Public Safety Bond Financial Oversight Committee 12/4/17 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ►1 Discussion Mtg Date SPONSOR 11 Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R 11Police ❑PW ❑Court SPONSOR'S The City Council requested an update from the Public Safety Bond Financial Oversight SUMMARY Committee. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N / A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE City Council N / A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/4/17 Report to the City Council with attachments 205 206 CITY OF TUKWILA PUBLIC SAFETY BOND FINANCIAL OVERSIGHT COMMITTTEE Report to the City Council December 2017 On behalf of my fellow members, I am pleased t� present you with the 2017 Report of the Public Safety Bond Financial Oversight Committee. The Public Safety Bond Financial Oversight Committee met in open session on Thursday, June 29, 2017 at 4:00 p.m. at Tukwila City Hall. Pursuant to Ordinance 2509 and Resolution 1892, during this meeting the Committee reviewed status and expenditure reports relating to the Public Safety Bond as approved by Tukwila voters at the November 8, 2016 General Election. City staff also provided an overview of the Public Safety Plan as well as schedules relating to construction and public outreach. As required by the Charter, the Committee elected a Chair (Sean Goode) and Vice -Chair (Jessica Jerwa) and approved by-laws. Minutes of this meeting are attached to this report. With regard to bond finances, the Oversight Committee reviewed a list of contracts and a report of revenues and expenditures through May 31, 2017. The Committee found that expenditures to date were in compliance with the purposes of the Public Safety Bond, and reported the same to the City Council's Finance Committee on September 6, 2017. The Oversight Committee met again on October 19, 2017 in open session at Tukwila City Hall. During this meeting, the Committee received an overview of the current status of the projects, then reviewed a report of all Public Safety Bond expenditures through August 2017. We also reviewed a list of all Public Safety Plan contracts as of August 2017. Draft minutes of this meeting are attached to this report, along with a copy of the materials we reviewed. The Committee finds the bond expenditures to date are in compliance with the purposes of the Public Safety Plan. The Committee understands that our work is expected to intensify in 2018 due to the number of Public Safety Plan projects and activities in progress, and we would appreciate any feedback from the City Council regarding its expectations for next year. Sean Goode, Chair 207 Attachments: Draft minutes of October 19, 2017 Agenda materials of October 19, 2017 Adopted Committee Bylaws 208 I. Call to Order II. Roll Call City of Tukwila Public Safety Bond Financial Oversight Committee October 19, 2017 City Hall, Hazelnut Conference Room 5:00 p.m. MINUTES' Committee members present: Sean Goode, Chair, Jessica Jerwa, Vice -Chair, Andy Reiswig City staff present: David Cline, Laurel Humphrey, Peggy McCarthy, Vicky Carlsen, Sherry Wright Mr. Coplen and Mr. Castillo were absent. III. Approval of Agenda Mr. Reiswig moved approval of the agen•arand Ms. Jerwa seconded. The motion carried unanimously and the agenda was approved: IV. Approval of Minutes Mr. Reiswig moved approval of the June 29, 2017 minutes, and Ms. Jerwa seconded. The motion carried unanimously and the minuteswere approved. V. Unfinished Business (n/a) VI. New Business 1. Public Safety P oject Update Overview City staff updated the Committee on the status of projects associated with the Public Safety Plan. Another open house will take place on December 2, and the Committee is encouraged to attend. Fire stations Weinstein AU is in the design phase, the City has received General Contractor/Construction Manager (GC/CM) approval from the state, and contractors have been interviewed. GC/CM is a process wherein the contractor is brought in to provide feedback during the design process rather than waiting until design is complete. Mr. Reiswig expressed support for the GC/CM model based upon his professional experience. Mr. Goode asked about the benefit of working with one architect to design all stations, and staff replied that using one architect and one contractor typically provides a better value than treating each building separately. Justice Center- DLR Group, Inc. is the architect firm and are currently in the programming phase. The City will apply for GC/CM authorization from the state at the end of November, and will bid for contractor in January. Mr. Reiswig asked why there is a different architect and staff replied that architecture firms commonly have different niches. DLR Group, Inc specializes in justice -related buildings. 209 Public Works Shops — Design activities related to the combined shops facility will begin in 2018. Locations - The Council has received a recommendation from the Siting Advisory Committee and is moving forward through the site selection process. Mr. Goode noted that siting of a Justice Center on Tukwila International Boulevard could have positive and negative impacts on the community around it. Ms. Jerwa hopes the City will make the building's entrance visually welcoming to the families in the neighborhood to ensure it is viewed as a community asset and resource. 2. Public Safety Plan Financial Overview The Committee reviewed a report of all Public Safety PI venues & expenditures through August 2017. Total actual revenues through August 31, 2017 are $37,852,683 from the voter -approved bond, fire impact fees, and investment interest. Actual expenditures through August 31, 2017 are $569,887. Because the current construction market conditions are significantly higher than what the City had estimated, there is an estimated funding gap of around $8.4 million for the fire stations project. Mr. Reiswig asked if funds could be transferred between projects, and staff replied that the bond ordinance offers that flexibility. The City Council was informed of the fire station budget projection in June and directed staff to proceed with design. In 2018 the Council will continue discussing how to fully fund the projects. Mr. Goode asked how the community would be involved in the design of the Justice Center, since decisions will be made based upon cost. Staff said that there have and will continue to be open houses, but it is largely functional needs that drive the design. Mr. Goode recommends the City give more consideration to community involvement. The Committee reviewed an updated list of Public Safety Plan contracts, including project management, fire station location study, architectural design and planning, real estate broker services, program management quality assurance services, and environm mntal assessments. VII. Miscellaneous Staff mentioned that the Council would like the Committee to deliver a report before the end of the year and asked foravailability in December. Committee members expressed general availability and the meeting can be scheduled via email. VIII. Adjournment Mr. Goode moved adjournment and Mr. Reiswig seconded the motion. The motion carried and the meeting was adjourned at 5:55 p.m. Minutes by LH, Reviewed by SW 210 City of Tukwila Public Safety Bond Financial Oversight Committee October 19, 2017 City Hall, Hazelnut Conference Room 5:00 - 6:30 p.m. City Council AGENDA I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of June 29, 2017 Minutes V. Unfinished Business VI. New Business a. Public Safety Plan Project Update/Overview b. Financial Overview VII. Adjournment 211 212 City of Tukwila Public Safety Bond Financial Oversight Committee June 29, 2017 City Hall, Hazelnut Conference Room 4:00 p.m. MINUTES I. Call to Order II. Roll Call Attendees introduced themselves and briefly spoke to their interest in serving on the Committee or their role with the City of Tukwila. Those present were: • Sean Goode, Member • Jessica Jerwa, Member • Randy Coplen, Member • Andy Reiswig, Member • Jun Castillo, Member • Bob Giberson, Public Works Director • Laurel Humphrey, Council Analyst • Sherry Wright, Senior Fiscal Coordinator • Vicky Carlsen, Deputy Finance Director • Peggy McCarthy, Finance Director III. Approval of Agenda Ms. Jerwa moved approval of the agenda, and Mr. Reiswig seconded. The motion carried unanimously and the agenda was approved. IV. Approval of Minutes (n/a) V. Unfinished Business (n/a) VI. New Business 1. Election of Chair & Vice -Chair Mr. Goode offered to serve as Chair and Ms. Jerwa offered to serve as Vice -Chair. The Committee accepted both nominations and no further nominations were made. Mr. Goode was elected as Chair and Ms. Jerwa as Vice -Chair, each abstaining from the vote. 2 2. Committee By -Laws The Committee discussed the draft by-laws. Staff noted that the by-laws require no fewer than two meetings a year, and the staff recommendation is to meet a second time in October 2017 when there will be more substantial expenditure reports to review. The Committee agreed with that proposal. Mr. Coplen moved approval of the by-laws as presented, and Ms. Jerwa seconded. The motion carried unanimously and the by-laws were adopted. 3. Public Safety Plan 101 Staff presented an overview of the Public Safety Plan, including background, description, funding, community oversight, project schedule, outreach schedule, implementation to date, engagement tools, and feedback received to date. 4. Financial Overview The Committee reviewed a list of contracts associated with the Public Safety Plan to date, including project management services, fire station location study, architectural design and planning, and real estate broker services. A contract for program management quality assurance was just approved by Council on June 26, 2017 and will be included with the next Committee update. Mr. Coplen inquired about the commission for the real estate brokerage services and suggested that staff look at the agreement to see if it would be worth further negotiation, noting that 6% is above the norm if proceeds are not shared with a selling agent. Mr. Coplen also inquired about cost controls on the fire station contracts and would like further information about this. 5. Expenditure report(s) The Committee reviewed a report of all Public Safety Plan revenues & expenditures to date. Total actual revenues through May 31, 2017 are $36,749,466 from the voter -approved bond and investment interest. Actual expenditures through May 31, 2017 are $143,125. On June 12, 2017, the Council Committee of the Whole discussed budget implications of fire station programming considering realities of the current competitive construction market. Staff will send the staff report and meeting minutes to the Committee. VII. Miscellaneous Trainings Staff reminded the Committee of the required Ethics and Open Public Meetings Act trainings. Links have been shared to training videos via email and certificates will be prepared when the requirements have been fulfilled. Each Committee member signed a conflict of interest disclosure form for filing with the City. Report 3 213 The Committee discussed the Charter requirement to report to the City Council at least semi- annually, which for 2017 would mean preparing a report based upon this committee meeting. Committee members asked staff to assist with a draft or template for their review. Mr. Coplen also asked staff to obtain additional clarification from the City Attorney regarding Committee members' fiduciary authority and liability. Mr. Goode also suggested using the first report as an opportunity to gain clarification from the Council on their expectations. VIII. Adjournment Ms. Jerwa moved adjournment and Mr. Coplen seconded the motion. The motion carried and the meeting was adjourned at 5:04 p.m. Minutes by LH, Reviewed by SW 214 4 TUKWILA PUBLIC SAFETY PLAN FACILITIES PLAN Project Schedule NOVEMBER ado ealecuon program/site selection design and permitting si bidding and comb...Mton move-In/occupancy ▪ completed . public outreach COUNCILMEMBER DECISIONS IA) Architect Contract Approval (D) Site Selection (8) Contractor Pre -Con Contract (E) Project Budget Changes (C) Contractor Construction Approval (F) Bond Sale 02 (01 GC/CM CPARB 5 215 Stan Finish %Dona 2010 2017 2018 2019 2020 2021 J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M AMJJASONDJFMAMJJ ASONDJFMAMJJASOND CITYISOJ KICK-OFF MTS +005116 150016 100% . CITY VOTE 1148/16 109,/18 100% BONO SALE 1241/16 12131/16 1004. 1 PUBLIC OUTREACH -SITE SELECTON 0101110 12/31131 3016 JUSTICE CENTER 024011 02510 ,0% { j i STATION 51 02,24117 01110 8/ 22% I ( 'I STATION 52 02,20n7 06020 12% I I ., — ( 4 0 B STATION 54 0020111 060520 12% ( I CRY SHOPS 02120'11 02)21 5K 1 I 1 ado ealecuon program/site selection design and permitting si bidding and comb...Mton move-In/occupancy ▪ completed . public outreach COUNCILMEMBER DECISIONS IA) Architect Contract Approval (D) Site Selection (8) Contractor Pre -Con Contract (E) Project Budget Changes (C) Contractor Construction Approval (F) Bond Sale 02 (01 GC/CM CPARB 5 215 216 FUNDING SOURCES CITY OF TUKWILA Public Safety Plan Revenues & Expenditures BUDGET vs ACTUALS Through August 2017 4sz„�. ..,.���i t i ��,.a7�aT"L,., ,.. 'se.... +• d����.. .. a ��'� p e; ;^:��' � •as Funding Category Fire Stations Fire Apparatus Total Fire Services Justice Center Total Public Safety Unlimited Tax General Obligation (Voter -approved bond) 18,824,000 29,932,000 48,756,000 28,629,000 77,385,000 Fire Impact Fees 4,750,000 - 4,750,000 - 4,750,000 General Fund Support 858,000 - 858,000 - 858,000 Investment Interest - - -- - TOTAL Revenues $ 24,432,000 $ 29,932,000 $ 54,364,000 $ 28,629,000 $ 82,993,000 VENUE phi Funding Category 2016 2017 2018 2019 Unlimited Tax General Obligation (Voter -approved bond) 36,709,954 Fire Impact Fees 1,017,160 Project To Date 36,709,954 1,017,160 General Fund Support Investment Interest 9,561 116,008 125,569 TOTAL Revenues $ 36,719,516 $ 1,133,168 $ $ $ 37,852,683 Fire Impact Fees have been accumulated over several years. ro W \Public Safety Plan\Fnancial Oversight Committee\Sherry's working rile 10/12/2017 217 PROJECT COSTS CITY OF TUKWILA Public Safety Plan Revenues & Expenditures BUDGET vs ACTUALS Through August 2017 s '._ 13° EFIIR tI', . Ou129? loft � i t� :-)4k Project Category FS 51 17,950 sf FS 52 6,567 sf FS 54 8,228 sf TOTAL FS 32,745 sf Equipment & Apparatus TOTAL Fire Services Justice Center TOTAL Bond Financed A/E Services (both design & CA) 731,003 356,000 464,000 1,551,003 - 1,551,003 1,906,190 3,457,193 Land Acquisition - 653,000 862,000 1,515,000 - 1,515,000 6,000,000 7,515,000 Permits/Fees 254,521 89,000 116,000 459,521 - 459,521 439,890 899,411 Construction (pre -con, const, tax) 7,808,854 3,278,000 4,273,400 15,360,254 - 15,360,254 16,532,615 31,892,869 Construction Related Costs (ind bond) 1,047,1.40 438,000 551,200 2,036,340 - 2,036,340 1,034,797 3,071,137 PM Services (incl other prof svcs) 459,552 297,000 397,000 1,153,552 - 1,153,552 1,145,956 2,299,508 Contingency (Incl Construction & Pro)) 1,145,000 546,000 665,000 2,356,000 - 2,356,000 1,569,552 3,925,552 Fire apparatus 2,608,357 - 2,608,357 - 25,598,488 25,598,488 Fire apparatus 25,598,488 Fire equipment -- • 25,598,488 - 4,333,874 4,333,874 - 4,333,874 TOTAL Expenditures $ 11,446,070 $ 5,657,000 $ 7,328,600 $ 24,431,670 $ 29,932,362 $ 54,364,032 $ 28,629,000 $ 82,993,032. ,dennfied as F551, but has been changed to Fs52 in the revised estimate. WAPublic Safety Plap' Ida! Oversight Committee\PSP Financial Reports for FOC 218 10/19/2017 Project Category FS 51 t 9,426 sf FS 52 1 15,068 sf FS 54 9,287 sf TOTAL FS 33,781 sf Equipment & Apparatus TOTAL Fire Services 2,314,136 Justice Center 1,906,190 TOTAL Bond Financed 4,220,326 FUNDING GAP A/E Services (both design & CA) 635,372 1,052,393 626,371 2,314,136 - 763,133 Land Acquisition/ROW 653,400 - 862,300 1,515,700 - 1,515,700 6,000,000 7,515,700 700 Permits/Fees 166,465 300,718 164,010 631,193 - 631,193 439,890 1,071,083 171,672 Construction (pre -con, const, tax) 6,324,204 9,547,131 6,233,378 22,104,713 - 22,104,713 16,532,615 38,637,328 -` 6,744,459 Construction Related Costs (incl bond) 657,361 1,184,308 708,713 2,550,382 - 2,550,382 1,034,797 3,585,179 514,042 PM Services (Incl other prof svcs) 299,637 576,376 305,083 . 1,181,096 - 1,181,096 1,145,956 2,327,052 27,544 Contingency (incl Construction & Proj) 749,092 1,093,884 765,381 2,608,357 - 2,608,357 1,569,552 4,177,909 252,357 Fire apparatus - - - • 25,598,488 25,598,488 - 25,598,488 - Fire equipment - - - 4,333,874 4,333,874 - 4,333,874 - TOTAL Expenditures $ 9,485,531 $ 13,754,810 $ 9,665,236 $ 32,905,577 $ 29,932,362 $ 62,837,939 $ 28,629,000 $ 91,466,939 $ 8,473,907 ,dennfied as F551, but has been changed to Fs52 in the revised estimate. WAPublic Safety Plap' Ida! Oversight Committee\PSP Financial Reports for FOC 218 10/19/2017 CITY OF TUKWILA Public Safety Plan Revenues & Expenditures BUDGET vs ACTUALS Through August 2017 W:\Public Safety Plan\Financial Oversight Committee\Sherry's working file 10/12/2017 219 A 4)(P Np RES thr0 8h"8/3)/17. x x „• Project CategoryFS 51 9,426 sf FS 52 15,068 sf FS 54 9,287 sf TOTAL FS 33,781 sf Equipment & Apparatus TOTAL Fire Services Justice " Center TOTAL Bond Financed A/E Services (both design & CA) 34,672 34,661 34,661 103,995 - 103,995 180 104,175 Land Acquisition/ROW- - - - - - - Permits/Fees- - - - - - - Construction (pre -con, const, tax)• - - - - - - - Construction Related Costs - - - - - - - - Bond Issuance Costs 59,853 8,256 - 68,109 14,447 82,556 123,833 206,388 PM Services (incl other prof Svcs) 40,949 25,123 26,478 92,551 - 92,551 105,673 198,224 Contingency (incl Construction & Proj) - - - - - - Fire Apparatus- - - - - - Fire Equipment - - - 61,101 61,101 - 61,101 TOTAL Expenditures $ 135,475 $ 68,040 $ 61,139 $ 264,654 $ 75,547 $ 340,202 $ 229,686 $ 569,887 W:\Public Safety Plan\Financial Oversight Committee\Sherry's working file 10/12/2017 219 220 CITY OF TUKWILA Public Safety Plan Contracts for Service GASsultan cope o terulces luratfon of Agreement: StartDate' End Date Compensation 16-121 Shiels Obletz Johnsen (Sal) Project Management Services - Phase I (Pre bond election project planning) 10/11/2016 12/31/2016 Not to exceed $37,000 16-179 Shiels Obletz Johnsen (50.1) Project Management Services 12/22/2016 3/31/2021 Not to exceed $2,694,716 17-009 FACETS Consulting, LLP Fire Station Location Study 1/10/2017 3/31/2017 Flat Fee of $36,000 17-068 Weinstein AU, LLC Architectural Design and Planning Services (Fire Stations) 4/19/2017 12/31/2020 Not to exceed $2,087,717 17-084 Heartland LLC Real Estate Broker Services 5/23/2017 12/31/2018 1. Commission: 2.5% of gross purchase price of each property purchased during term of agreement; 2. Sub -consultant fees: not to exceed $60,000. 17-125 Steven M. Goldblatt Program Management Quality Assurance Services 7/25/2017 12/31/2021 Not to exceed $250,000 17-157 DLR Group, Inc Architectural Design and Planning Services (Justice Center) 9/9/2017 12/31/2020 Not to exceed $2,146,084 17-167 Sound Earth Strategies, Inc Phase 1 Environmental Site Assessments 9/18/2017 12/31/2017 Not to exceed $15,000 W:\Public Safety Plan\Financial Oversight Committee\Sherry's working file 10/12/2017 221 City of Tukwila Public Safety Financial Oversight Committee Expenditure Detail Through August 31, 2017 eport ne + a Ven oto 'a'me, bescrip ion 4 P ' . ire ,I '`,ire Vire I: Station ' Station - Station i 51 52 54 Fire Justice ,: TOTAL Equip- ' Center d ment NE Services DAILY JOURNAL OF COMMERCE Legal ad for PSP justice cente , $ 68 . $ 68, Legal Ad FS51 26 I I I I 26 1 Legal Ad FS52 26 I 26 I Legal Ad FS54 1 I 26 I I 26 1 Legal ad:PSP 5123 23 ' Legal ad:PSP JC 23 , 23 . Legal ad:PSP S2 I 23 1 I I 23 I Legal ad:PSP S4 23 ' 23 1 FACETS CONSULTING, LLP PSP -FIRE ST LOCAT & DEPLOY STD 12,000 I 12,000 I 12,000 I I 36,000 I SEATTLE TIMES Legal ad for Justice cntr 20 20 Legal ad for PSP I I I 54 , 54 , Legal Ad PSP Fire 11 I I I I 11 I Legal Ad PSP JC 15 1 15 1 WEINSTEIN RELOCATE FIRE STATION 51 22,612 I 22,612 I 22,612 I I 67,836 I A/E Services Total $ 34,672 $ 34,661 $ 34,661 $ 180 $ 104,175 6 Bond Issuance 0 2016 UTGO Underwriter's Disc 29,417 I 4,057 I I 7,101 I 60,882 I 101,437 IPREO PARENT HOLDCO LLC ELECTRONIC DISTR. OF POS/OS 218 I 30 1 52 1 450 1 750 I PACIFICA LAW GROUP LLP LGL SVCS-UNLMTD TAX GEN OBLIG. 9,077 I 1,252: 2,191: 18,779: 31,299 : PUBLIC FINANCIAL MGMT INC FINANCIAL ADVIOSRY SVCS.2016 B 14,037 I 1,936 I 3,388 I I 19,361 I FINANCIAL ADVISORY SVCS -2016 BII I 29,042 STANDARD AND POOR'S FINANCIAL ANAL. SVCS-UNLMTD TAX GEN OBLI 7,105 , 980 1 1,715 1 14,700 1 24,500 1 Bond Issuance Total $ 59,853 $ 8,256 $ 14,447 $123,833 $ 206,388 7 PM Services SHIELS OBLETZ JOHNSEN INC JUSTICE CENTER 3,643 : 1,301 I 1,822 9,368 I 16,134 : JUSTICE CENTER JUSTICE CENTER 8,116 I 8,116 I 8,116 I 11,237 1 35,583 1 PUBLIC SAFETY PLAN 29,191 I 15,706 I 16,541 I 85,068 I 146,506 I PM Services Total $ 40,949 $ 25,123 $ 26,478 $105,673 $ 198,224 10 Fire Equipment 0 Corr code PSP bunker gear I 1 41,418 1 41,418 1 LN CURTIS & SONS MISCELLANEOUS AND SPECIAL 14,883 : 14,883 i SEAWESTERN, INC. 305.98.522.220.35.00 Bunkergea I I 4,800 I I 4,800 I Fire Equipment Total $ 61,101 $ 61,101 I i i I Grand Total $135,475 I $ 68,040 I $ 61,139 _$ 75,547 $229,686 f $ 589,887 10/19/2017 222 Public Safety Bond Financial Oversight Committee Bylaws Article I. Authority and Name At the November 8, 2016 election, the City of Tukwila was successful in obtaining authorization by the qualified voters of Tukwila to issue up to $77,385,000 to pay for replacement of three seismically -deficient fire stations, guaranteed funding for fire equipment and apparatus for the life of the bond, and construction of a Justice Center to house the Tukwila Police Department and Municipal Court. Pursuant to Ordinance No. 2509, the City Council established a Public Safety Bond Financial Oversight Committee to independently -represent taxpayers concerning the City's expenditure of revenues received from the sale of general obligation bonds. On October 3, 2016 the City Council adopted a Charter for the Public Safety Bond Financial Oversight Committee. Article II. Purpose The purpose of the Public Safety Bond Oversight Committee is as set out in the Charter, as it may be amended from time to time, and the contents of the Charter are fully incorporated herein by reference. Article Ill. Officers and Members A. Officers Officers shall be a Chair and a Vice -Chair; both appointed members of the Committee and voted into office by the Committee. In absence of both the Chair and the Vice -Chair members shall elect a Chair pro tern. B. Duties of the Officers Chair The Chair shall preside at all meetings and adhere to the duties of the presiding officer prescribed in Robert's Rules of Order Newly Revised. The Chair shall be a full voting member of the Committee. The Chair shall speak on behalf of the Committee before the City Council, the public and City staff. The term of office shall be one year. A Committee member may serve as Chair for no more than two consecutive terms. The Chair may delegate duties to other Committee members with the consent of the Committee. Vice -Chair The Vice -Chair shall perform the duties of the Chair in absence of the Chair. The Vice - Chair may also speak on behalf of the Committee before City Council, the public and City staff when the Chair is not available to speak. The term of office shall be one year. A Committee member may serve as Vice -Chair for no more than two consecutive terms. Page 1 of 4 223 C. Duties of Committee Members It is the responsibility of all Committee members to: • Arrange adequate time to carry out responsibility as a Committee member; • Come to meetings prepared: Read all reports, proposals and documents distributed prior to meetings; • Listen to other Committee members and communicate with respect and courtesy; and • Participate in group discussion and decision making. I. Ethics Training Committee members are bound by Tukwila Municipal Code Chapter 2.95, Code of Ethics for Employees and Appointed Officials. Every Committee member must complete Ethics Training and sign an Ethics Training Certification Form within six months of appointment and must complete the training within 90 days of reappointment. II. Conflict of Interest Every Committee member must sign a Conflict of Interest Disclosure Form within 90 days of appointment and must sign a new Disclosure Form within 90 days of reappointment. Article IV. Elections The Committee shall elect a Chair and a Vice Chair each year. Generally, officers shall be elected and take office annually at the first Committee meeting in the calendar year. The election will take place as the first item of new business and the elected officers will assume their duties at the close of elections. The election of the Chair will be conducted by the Committee staff person who will ask for nominations from Committee members. No one Committee member shall nominate more than one person for an office. Nominations do not require a second. Staff will repeat each nomination, ask for further nominations, and declare the nominations closed. A motion to close nominations is not necessary. Committee members will be asked to vote by a raise of hands. As soon as one of the nominees receives a majority vote of the seated members staff will declare that member elected as the Chair. No votes will be taken on any remaining nominees. A tie vote will result in a failed nomination. If none of the nominees receive a majority vote, staff will call for nominations again and repeat the process until a single candidate receives a majority vote. Upon election, the Chair will conduct the election for Vice -Chair following the same process. Should the Chair be vacated prior to the completion of the Term, the Vice -Chair will assume the duties and responsibilities of the Chair for the remainder of the Term. The Chair will then conduct elections for a new Vice -Chair. Should the Vice -Chair be vacated prior to the completion of the Term, the Chair will conduct elections for a new Vice -Chair to serve out the remainder of the Term. Page 2 of 4 224 Time spent fulfilling a vacated Term shall not count towards the two consecutive Term limit for Chair and Vice -Chair. Article III. Meetings All Committee meetings shall comply with the requirements of the Open Public Meetings Act RCW 42.30. All meetings shall be noticed and open to the public. A. Schedule and Frequency The Committee shall determine its meeting schedule according to the flow of information to evaluate. Meetings will be held at a time and place that work for all members of the committee. The Committee will meet no fewer than twice per calendar year. B. Notices Public notice of the meeting date, time and location will be provided on the City website, and the preliminary agenda for the forthcoming Committee meeting will be posted in the City's Digital Records Center. Article IV. Rules of Meetings A. Absences Absence without cause from more than two (2) meetings may be cause for removal. Members shall communicate with the Chair, the Vice -Chair and/or the City staff liaison with requests for an excused absence. Emergency requests may be considered. The Chair may approve the absence. B. Quorum A quorum is required for the Committee to take any action. At all meetings, the presence of the majority of the currently seated members constitute a quorum. C. Rules of Procedure The current edition of Robert's Rules of Order Newly Revised shall provide the basis for meeting structure and official decisions shall be made by motion and vote of the Committee. D. Meeting Decorum To provide a fair and efficient forum for the conduct of business at Committee meetings the following rules of decorum shall be observed: 1. No person shall address the Committee without first obtaining recognition from the chair. 2. The Committee may allow comments from members of the public attending Committee meetings by permission of the Chair or majority vote of the Committee members present. 3. To aid in the creation of accurate meeting minutes all speakers should provide their first and last name each time they address the Committee. Page 3 of 4 225 E. Voting In instances where a vote is called for or required, the present majority is sufficient to act (provided a quorum is present). Each member shall have one vote and no proxies shall be allowed. Present members may abstain. The Chair may vote on any issue and shall vote in the event of a tie. No action is taken if the Chair votes and the tie continues. A majority vote shall carry and minority opinions shall be formally registered in the minutes and report to the City Council. F. Adjournment/Recess/Continuations Meetings shall be adjourned by a majority vote of the Committee or by the chair when it appears that there is no further business. The Committee may, by majority vote or consensus, recess for a short break. The proposal to recess may set a time limit or can be until the Chair calls the meeting back to order. Continuations of meetings shall be to a definite time and place by the majority vote of present Committee members. Article V. Reports to the City Council The Committee shall report its findings and any recommendations for improvement to the City Council at least semi-annually. Any reports or recommendations shall be provided to the Council and the public in electronic format and posted on the City website. Hard copies shall be made available upon request at City Hall. Article V. Amendments These Bylaws may be amended or repealed and new Bylaws may be adopted at any meeting by a majority of the vote of the membership. A copy of the proposed Bylaws or amendments thereto, shall be furnished to each member at least three (3) days prior to the date of the meeting. All amendments to the Bylaws shall be submitted to the Mayor and City Council for their information. Page 4 of 4 226 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by M or's review Council review 12/04/17 LH ; /4e._ DL ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY 0 Discussion Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑.Fire TS ❑P&R ►1 Police ❑PW Court SPONSOR'S Following public comment provided at the November 13, 2017 Committee of the Whole, SUMMARY the City Council requested a staff report on current practices regarding homeless encampments. This is an opportunity to review the information and ask questions. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMI ITEM INFORMATION ITEM No. 5.C. 227 STAFF SPONSOR: KRAIG BOYD ORIGINAL AGENDA DATE: 12/4/17 AGENDA ITEM TITLE Homeless Encampment Response Procedures 12/4/17 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY 0 Discussion Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑.Fire TS ❑P&R ►1 Police ❑PW Court SPONSOR'S Following public comment provided at the November 13, 2017 Committee of the Whole, SUMMARY the City Council requested a staff report on current practices regarding homeless encampments. This is an opportunity to review the information and ask questions. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMI FILE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/4/17 Powerpoint Presentation 227 228 DEFINITION & CLASSIFICATION Tukwila recognized four types of homeless: The indigent or those who fall on hard times; Addiction issues The severely mentally ill; and The criminal element LEGAL ISSUES AND PROCESS Legal Precedent Availability of Resources N W N Photo by JMSuarez / CC BY 2.0 STANDARD OPERATING PROCEDURES HOMELESS ENCAMPMENT CLEAN-UP PROGRAM Operational Guidelines Notification Assessment Response/Enforcement Clean-up Monitor ENCAMPMENT RESPONSE - Tukwila Works -TPD Patrol - Site Visit - Deployment of Resources - Notification to Vacate - SMH/HS Team -TPD - Community Partners - Debris Removal - Site Reclamation - Post NO TRESPASSING ONGOING MONITORING =Nor SUCCESS STORY #1 TUKWILA HOMELESS RESIDENT NEW APARTMENT individual signing the papers and seeing his apartment for the first time. Tukwila Homeless Resident • Mr. Johnson was first contacted in November 2016. He had been homeless and living on the street for several years. Mr. Johnson also had an alcohol problem. Mr. Johnson was offered homeless resources such as transitional resources and alcohol and drug rehab treatment but he refused. Mr. Johnson said that he enjoyed living under the bridge where he had a lot of freedom and nobody bothering him. April 2017, Mr. Johnson agreed to get help via Sound Mental Health. November 66 2017, Mr. Johnson was approved for a permanent housing in Burien,WA. IP . ",1 r BEFORE & AFTER RV'SAND OTHER VEHICLES TMC allows vehicles to be in one location for 72 hours. Police cannot tow an RV if it is occupied. Officers use same outreach procedure for vehicles as encampments. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma pr's review Council review 11/27/17 MN 'meq PLR 12/04/17 MN ///( 7)1-4(Z-, ❑ Other Mtg Date /1 Resolution Mtg Date 12/04/17 SPONSOR ❑Council HR ❑DCD Finance Fire TS P&R Police ❑PIV ❑Court Il Mayor SPONSOR'S The City of Tukwila has a strong commitment to equity in city government. To that end, the SUMMARY Mayor's Office has initiated the development of a City Equity Policy. The Finance Committee and Council were informed of this policy in August/September, the process used to develop it, and were given the opportunity to provide comment. Since then, City employees have had an opportunity to provide feedback. At this time, staff is presenting minor edits to the policy, and a resolution approving it. RIA'HAvi M BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/21/17 ITEM INFORMATION ITEM No. 5.D. 241 STAFF SPONSOR: MIA NAVARRO ORIGIN:AI, AGENDA DAPI?: 11/27/17 AGENDA ITEM TITLE Resolution to appove the City of Tukwila Equity Policy CATEGORY /1 Discussion Mtg Date 11/27/17 ❑ Motion illtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date /1 Resolution Mtg Date 12/04/17 SPONSOR ❑Council HR ❑DCD Finance Fire TS P&R Police ❑PIV ❑Court Il Mayor SPONSOR'S The City of Tukwila has a strong commitment to equity in city government. To that end, the SUMMARY Mayor's Office has initiated the development of a City Equity Policy. The Finance Committee and Council were informed of this policy in August/September, the process used to develop it, and were given the opportunity to provide comment. Since then, City employees have had an opportunity to provide feedback. At this time, staff is presenting minor edits to the policy, and a resolution approving it. RIA'HAvi M BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/21/17 II Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: SEAL ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT Mayor's office IER Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/27/17 Forward to Regular Meeting MTG. DATE ATTACHMENTS 11/27/17 Informational Memorandum dated 11/13/17 Equity Policy Resolution Equity Policy Minutes from the Finance Committee meeting of 11/21/17 12/04/17 Final Resolution 241 242 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CITY EQUITY POLICY. WHEREAS, the City Council recognizes the great value of diversity of culture, background, race, language, ability, gender, and other factors; and WHEREAS, the City Council recognizes that societal, environmental, and legal factors, both historic and present day, have resulted in inequitable access to opportunities and services for some individuals and groups of people; and WHEREAS, the City Council is committed to ensuring fair and equitable access to City services, employment and other core functions; and WHEREAS, an equity policy provides guidance to the community, staff and elected officials as to how we work together towards economic, civic and social justice; and WHEREAS, the City Council agreed to these priorities at the City Council Meeting on December 4, 2017; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified the need for an equity policy to continue the City of Tukwila's commitment to being an inclusive community that provides equal access to all City services. The City of Tukwila Equity Policy, attached hereto as Attachment A, is hereby adopted. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Dennis Robertson, Council President APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Attachment A: City of Tukwila Equity Policy W:\Word Processing\Resolutions\Equity Policy adopted 11-13-17 MN:bjs Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 243 244 CITY OF TUKWILA EQUITY POLICY 2017 I. BACKGROUND AND OVERVIEW The Mayor, Council, and staff of the City of Tukwila have a strong commitment to equity in city government, and they desire that all residents, visitors and employees have the opportunity to reach their full potential. Societal, environmental and legal factors, both historic and present-day, have resulted in inequitable access to opportunities and services for some individuals and groups of people. These include but are not limited to: • Age • Physical and/or Cognitive Disability • Economic Status • Gender • Gender Identity • National Origin/Language • Race and/or Ethnicity • Religion • Sexual Orientation The City of Tukwila values its rich diversity. The majority of people who live in Tukwila are people of color, and 40% were born in a country other than the United States. More than 80 languages are spoken in our schools, and 50% of Tukwila households speak a language other than English at home. We benefit from friends and neighbors with different perspectives and cultures, the variety of businesses owned by immigrants and refugees, and the community forged when we share foods from around the world. While we celebrate Tukwila, we recognize that many in our community do not have equitable access to services, government, education, employment and other opportunities toward a better future. More than 20% of our population does not have health insurance, and Tukwila's median household income is 40% of King County's. 23% of Tukwila households live below the poverty line, and more than 10% of students in the Tukwila School District currently experience homelessness. We recognize the role that government can play in breaking down barriers to equitable access to opportunities. The City's Strategic Plan, adopted in 2012, provides us the guideposts for our work on behalf of our residents, businesses and guests, and emphasizes partnerships and collaboration. One of the goals --A Solid Foundation for All Tukwila Residents -- clearly calls for equitable access to opportunity for Tukwila residents and serves as the foundation of this equity policy. Page 1 of 3 245 Though we fully acknowledge we have more work to do, the City has made many strides toward equity. We are proud of our successes and, in some cases, our leadership around identifying and implementing policies and programs to promote equity. We also realize that we as a city government have a much longer journey to take in our efforts to be truly equitable in the delivery of all City services. II. PURPOSE The purpose of this policy is to provide guidance to City elected officials, staff, boards and commissions, partners, residents, businesses and guests on how the City of Tukwila will actively promote equitable access to opportunities and services. III. DEFINITION OF EQUITY Equity: Eliminating systemic barriers and providing fair access to programs, services and opportunities to achieve social, civic and economic justice within the City of Tukwila. IV. POLICY GOALS In order to achieve equitable access to opportunities and services in the City of Tukwila, the City adopts the following goals. 1. Our City workforce reflects our community. The City will identify strategies around recruitment and hiring, and personnel policies that provide equitable opportunities for existing employees, and support City's long-term goal that its workforce reflect the evolving make-up of the community. 2. Community outreach and engagement is relevant, intentional, inclusive, consistent and ongoing. The City often has important information to share with the community, and often seeks dialogue with the community. The City will create a community outreach and engagement toolkit to enable inclusive public engagement that all departments will use when seeking community participation. 3. All residents and visitors receive equitable delivery of City services. The City will identify strategies that facilitate equitable access to current and future City services and facilities, regardless of race/ethnicity, language, ability, gender, age, family status, geography, and mode of transportation. 4. City government is committed to equity in the decision-making process. The City will identify strategies to facilitate equitable access to decision-making, where the decisions themselves -- and the process and context in which they are made -- are transparent. Page 2 of 3 246 5. Equity serves as a core value for all long-term plans moving forward. The City will develop and implement an equity toolkit for City staff, consultants, contractors, and partners that will provide guidance for the equitable physical development of the city, and other activities. This goal applies to plans such as but not limited to the Comprehensive Plan, transportation, infrastructure, strategic plans, etc. 6. The City will build capacity around equity within City government and the broader community. The City will resource this policy through activities such as but not limited to regular trainings and workshops, both internal and public, and establishing an Equity Policy Implementation Committee. V. IMPLEMENTATION The City will be accountable for assessing a baseline, developing an implementation plan, and reporting measurable progress in meeting each of these goals. 1. Equity Policy Implementation and Evaluation Committee The City will establish a committee that will be responsible for setting baselines, developing the implementation plan, and reporting measurable progress in meeting the goals of this policy. The implementation plan should specify staff leads responsible for key elements of the work, and include how the work will be distributed throughout the agency. 2. Equity and Social Justice Commission The Equity and Social Justice Commission will monitor the work of the Implementation and Evaluation Committee, and provide information to the committee, as well as the Council as to the progress of the policy's implementation. 3. Timeline The timeline for developing the implementation plan is one year from the adoption of this policy. Page 3 of 3 247 248 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/27/17 EDZ47i 250 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER OF THE TUKWILA MUNICIPAL CODE RELATED TO VEHICLE TRESPASS, TO BE CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTER 8.26; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, vehicle thefts and prowls have recently been increasing in King County; and WHEREAS, due to the volume of these types of cases, it is becoming increasingly challenging for King County to prosecute these offenders; and WHEREAS, despite the Tukwila Police Department's considerable efforts to bring these offenders to justice, an increasing number of them are not prosecuted and not punished adequately; and WHEREAS, adopting vehicle trespass as a misdemeanor would allow the Tukwila City Attorney's Office to more effectively prosecute these offenders in the Tukwila Municipal Court; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 8.26 of the Tukwila Municipal Code Established. A chapter of the Tukwila Municipal Code entitled "Vehicle Trespass," to be codified as Tukwila Municipal Code (TMC) Chapter 8.26, is hereby established to read as follows: CHAPTER 8.26 VEHICLE TRESPASS Sections: 8.26.010 Vehicle Trespass Prohibited 8.26.020 Definitions 8.26.030 Penalty W: Word Processing\Ordinances\Vehicle trespass 6-1-17 RBT:bjs Page 1 of 3 251 Section 2. Regulations Established. TMC Section 8.26.010, "Vehicle Trespass Prohibited," is hereby established to read as follows: 8.26.010 Vehicle Trespass Prohibited A person is guilty of vehicle trespass if he or she knowingly enters, attempts to enter, or remains unlawfully in a vehicle belonging to another. Section 3. Regulations Established. TMC Section 8.26.020, "Definitions," is hereby established to read as follows: 8.26.020 Definitions A. The word "enter" shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand. B. A person enters, attempts to enter or remains unlawfully in or upon a vehicle when he or she is not licensed, invited, or otherwise privileged to so enter or remain. Section 4. Regulations Established. TMC Section 8.26.030, "Penalty," is hereby established to read as follows: 8.26.030 Penalty Vehicle trespass is a misdemeanor, punishable by a fine not to exceed $1,000.00, or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processing\Ordinances\Vehicle trespass 6-1-17 RBT:bjs 252 Page 2 of 3 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: W: Word Processing\Ordinances\Vehicle trespass 6-1-17 RBT:bjs Page 3 of 3 253 254 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by M' or's review Council review 11/27/17 SB// 4C DLR 12/04/17 SB 1� e )^ ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY / 1 Discussion / 1 Resolution Mtg Date Mtg Date 12/4/17 SPONSOR Council ❑Mayor ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIF ❑Court ITEM INFORMATION ITEM No. 5.F. 255 STAFF SPONSOR: STEPHANIE BROWN ORIGINAL AGENDA DATE: 11/27/17 AGENDA ITEM TITLE 2018 Non -Represented Wages 11/27/17 ❑ Mtg Motion Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY / 1 Discussion / 1 Resolution Mtg Date Mtg Date 12/4/17 SPONSOR Council ❑Mayor ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIF ❑Court LHR ❑DCD SPONSOR'S A Resolution updating and clarifying the 2018 Non -Represented employees salary SUMMARY schedule. Administration is recommending that the non -represented employees receive the same increase provided to the Teamsters represented employees of 2.7% (90% of CPI -W) effective January 1, 2018. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/21/17 0 Finance Comm. ( 1 Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: SEAL ❑ Parks COMMI 1'I'EE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Human Resources Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/27/17 Forward to Regular Meeting MTG. DATE ATTACHMENTS 11/27/17 Informational Memorandum dated 11/15/17 Resolution #1796 Resolution Draft Form with Attachments A -C Minutes from the Finance Committee Meeting of 11/21/17 12/4/17 Final Resolution 255 256 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND CLARIFYING NON -REPRESENTED EMPLOYEES' COMPENSATION, AND ADOPTING THE NON -REPRESENTED SALARY SCHEDULE AND BENEFITS SUMMARY, EFFECTIVE JANUARY 1, 2018. WHEREAS, the goal of the City is to mitigate or avoid salary compression issues where possible; and WHEREAS, City Administration recommends non -represented employees receive the wage adjustment that Teamsters' represented positions will receive of 2.7% to base wages effective January 1, 2018; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Non -Represented Wage Plan. A. The 2018 wage schedule for non -represented employees shall be increased by a rate of 2.7%. B. Longevity pay will continue to be a part of the plan. C. Merit will continue to be eliminated from the plan, but may be considered as a plan element in subsequent years. Section 2. Non -Represented Salary Schedule, Benefits Summary and Longevity Pay Plan. A. The non -represented salary schedule, "Attachment A" hereto, is hereby approved, effective January 1, 2018. B. The non -represented benefits summary, "Attachment B" hereto, is hereby approved, effective January 1, 2018. W:\Word Processing\Resolutions\Non-Represented Employees Compensation -2018 10-9-17 SB:bjs Page 1 of 2 257 C. The non -represented longevity pay plan, "Attachment C" hereto, is hereby approved, effective January 1, 2018. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Dennis Robertson, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Attachments: - Attachment A, Non -Represented Salary Schedule — 2018 - Attachment B, Non -Represented Employee Benefits Summary — 2018 - Attachment C, Longevity Pay Plan for Non -Represented Employees — 2018 W:\Word Processing\Resolutions\Non-Represented Employees Compensation -2018 10-9-17 SB:bjs 258 Page 2 of 2 Attachment A (Page 1 of 3) City of Tukwila Non -Represented Salary Schedule - 2018 Classification Title Job Title Range Office Technician Human Resources Technician B21 Office Specialist Assistant to the Chief B22 Administrative Assistant Deputy City Clerk Assistant to the Director B23 Executive Coordinator Executive Coordinator C41 Program Coordinator Information Technology Systems Administrator C41 Management Coordinator C42 Management Analyst Council Analyst Human Resources Analyst Parks & Recreation Analyst Public Works Analyst C42 Program Administrator Economic Development Liaison C43 Project Manager Community Engagement Manager C51 Program Manager Building Official Communications/Government Relations Manager Senior Manager Police Support Operations Technology Integration Manager Records Governance Manager/City Clerk D61 Administrative Manager Maintenance Operations Manager D62 0. Assistant Director Deputy Community Development Director Deputy Finance Director Municipal Court Administrator D63 Department Manager Assistant Fire Chief City Engineer D72 Department Administrator Economic Development & Strategic Planning Manager E81 Deputy Police Chief Deputy Police Chief E82 259 Attachment A (Page 2 of 3) City of Tukwila Non -Represented Salary Schedule - 2018 Classification Title Job Title Range Department Head Human Resources Director DCD Director Finance Director IT Director Parks & Recreation Director E83 Department Director Fire Chief Police Chief Public Works Director E91 City Administrator City Administrator F102 Tide Table Revised: 08/25/17 260 Attachment A (Page 3 of 3) Non -Represented Salary Structure (Monthly) - 2018* *2.7% COLA applied. Payroll to review and provide finalized wage schedule. DBM Rating (Minimum) Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 All 4,178 4,309 4,442 4,571 4,702 Al2 4,510 4,653 4,797 4,938 5,077 A13 4,853 5,001 5,153 5,305 5,455 B21 5,068 5,258 5,450 5,638 5,833 B22 5,398 5,600 5,804 6,006 6,210 B23 5,723 5,938 6,154 6,368 6,587 B31 6,008 6,271 6,533 6,796 7,060 B32 6,487 6,770 7,055 7,340 7,625 C41 6,682 6,948 7,215 7,484 7,751 8,019 C42 7,057 7,341 7,623 7,906 8,188 8,474 C43 7,372 7,667 7,963 8,258 8,552 8,851 C51 7,611 7,952 8,294 8,637 8,977 9,324 C52 8,136 8,500 8,867 9,234 9,601 9,890 D61 8,049 8,451 8,854 9,258 9,660 10,060 D62 8,193 8,601 9,011 9,420 9,830 10,238 D63 8,480 8,904 9,328 9,753 10,178 10,600 D71 8,675 9,150 9,626 10,102 10,576 11,054 D72 9,104 9,600 10,100 10,596 11,096 11,593 E81 9,200 9,659 10,121 10,578 11,072 11,568 12,043 E82 9,538 10,017 10,495 10,972 11,452 11,931 12,407 E83 9,818 10,311 10,800 11,293 11,783 12,275 12,767 E91 10,160 10,668 11,178 11,687 12,195 12,705 13,213 E92 10,579 11,111 11,642 12,170 12,701 13,232 13,762 F101 11,005 11,555 12,105 12,658 13,210 13,758 14,309 F102 11,151 11,708 12,266 12,826 13,384 13,943 14,500 261 262 Attachment B (Page 1 of 2) Non -Represented Employee Benefits - 2018 Social Security (FICA): Social Security benefits shall be provided as contained in Section 2.52.010 of the Tukwila Municipal Code (TMC). State -Wide Employee Retirement System (PERS): Retirement shall be provided as contained in Section 2.52.020 of the TMC. Holidays: Holidays shall be provided as contained in Section 2.52.030 of the TMC. An additional floating holiday has been granted to each non -represented employee, for a total of 2 floating holidays. Regular part-time employees shall be entitled to benefits on a pro -rata basis. Sick Leave: Sick leave shall be provided as contained in Section 2.52.040 of the TMC. Regular part-time employees shall be entitled to benefits on a pro -rata basis. Medical Insurance: The City shall pay 100% of the 2018 premium for regular full-time employees and their dependents under the City of Tukwila self-insured medical plan. In the event the monthly premium increase is above 8% per year, the City's joint/labor management committee, which includes a non -represented employee, shall meet and discuss changes in the self -Insured medical, dental, vision and prescription plan benefit levels in an effort to create plan savings so the premium costs do not exceed the 8%. Regular part-time employees shall be entitled to benefits on a pro -rata basis. Employees who choose coverage under the Kaiser Permanente plan shall pay the difference between the City of Tukwila plan full -family rate and the rate charged to them by Kaiser Permanente. Dental Insurance: The City shall provide 100% of the 2018 premium for the regular full-time employees and all dependents under the City of Tukwila self-insured dental plan for dental coverage. Regular part-time employees shall be entitled to the same benefits on a pro -rata basis. Life Insurance: For regular full-time employees, the City shall pay the premium for Plan C (Multiple of annual earnings) or similar group life and accidental death and dismemberment insurance policy. Said plan shall be at 100% of annual earnings rounded up to the next $1,000. Regular part-time employees that work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance program requirements). Vision/Optical: Benefits are provided to all non -represented regular full-time employees and their dependents at the rate of $250 per person, to a maximum of $500 per family unit each year. Regular part-time employees and their dependents shall be entitled to benefits on a pro -rata basis. Disability Insurance: The City shall provide 100% of the premium for regular full-time employees for a comprehensive long-term disability policy. Regular part-time employees that work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance program requirements). Health Reimbursement Arrangement/Voluntary Employee Benefit Association (HRA/VEBA): VEBA benefits shall be provided as contained in Resolution No. 1445 and as amended. 263 Attachment B (Page 2 of 2) Non -Represented Employee Benefits - 2018 Vacation: Following the sixth month of continuous employment, annual vacation leave of six full days (each day is calculated at eight hours, regardless of schedule worked) shall be granted. Thereafter, an additional day of annual leave shall accrue each month, up to a total of 12 days. Three additional days of annual leave shall be granted on the employee's anniversary date after the third, fourth and fifth years. After six years, the employee shall be granted one day per year additional annual leave to a maximum of 24 days per year. The maximum number of accrued hours is 384 or 48 days. Years of Service Vacation Accrual Years of Service Vacation Accrual 0-1 years 12 days* 10 years 19 days 1-2 years 12 days 11 years 20 days 3-6 years 15 days 12 years 21 days 7 years 16 days 13 years 22 days 8 years 17 days 14 years 23 days 9 years 18 days 15 years 24 days (maximum) *Six full days will be granted following the sixth month of continuous employment. (Days accrue at eight hours, regardless of schedule worked.) Regular part-time employees shall be entitled to benefits on a pro -rata basis. Uniform Allowance: An annual uniform allowance of $650 shall be granted to the following employees: Fire Chief, Assistant Fire Chief, Police Chief, Deputy Police Chief, and Senior Manager Police Support Operations. 264 Attachment C Longevity Pay Plan for Non -Represented Employees - 2018 The monthly longevity flat rates shall be as follows for regular full-time employees after the completion of the number of years of full time employment with the City set forth below. Regular part-time employees shall receive longevity on a pro -rata basis. Completion of 5 years $ 75 Completion of 10 years 100 Completion of 15 years 125 Completion of 20 years 150 Completion of 25 years 175 Completion of 30 years 200 265 266 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by �or's review Council review 11/27/17 RB iY4'' D 1-. 12/04/17 RB ❑ Bid Award Mtg Date DLR ❑ Other Mtg Date ,d/A7C ►1 Ordinance Mtg Date Mtg Date 12/04/17 SPONSOR Council ❑HR DCD Finance Fire TS P&R ❑Police PW ❑Court -1 Mayor ITEM INFORMATION ITEM No. 5.G. 267 STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 11/27/17 AGENDA ITEM TITLE An ordinance amending the Tukwila funds for the Public Safety Plan. Municipal Code to allow the allocation of REET 1 11/27/17 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY 1 Discussion ►1 Ordinance Mtg Date Mtg Date 12/04/17 SPONSOR Council ❑HR DCD Finance Fire TS P&R ❑Police PW ❑Court -1 Mayor SPONSOR'S The Council is being asked to adopt the proposed ordinance amending the City's Code SUMMARY regarding allocaton of REET 1 funds. REVIEWED BY ❑ C.O.W. Mtg. ❑ Trans &Infrastructure DATE: 11/13/17 -1 CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HOUGARDY ❑ Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. CotMrrrr:I: Mayor's Office Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/27/17 Forward to Regular Meeting MTG. DATE ATTACHMENTS 11/27/17 Informational Memorandum dated 11/6/17 Ordinance Minutes from the CDN Committee of 11/13/17 12/4/17 Final Ordinance 267 268 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1674; AMENDING ORDINANCE NO. 1400 §4, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 3.56.040, TO UPDATE REGULATIONS REGARDING DISTRIBUTION OF REAL ESTATE EXCISE TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila collects a 0.25% first quarter percent real estate excise tax (REET1) on the sale of real property per RCW Chapters 82.45 and 82.46 and WAC Chapter 458-61A; and WHEREAS, per RCW Chapter 82.46.010, cities may use REET1 on capital projects specified in the Capital Facilities Plan Element of their Comprehensive Plan; and WHEREAS, the City has identified additional funding requirements relating to the Public Safety Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 3.56.040 Amended. Ordinance No. 1400 §4, as codified at Tukwila Municipal Code Section 3.56.040, "Distribution of Tax Proceeds and Limiting the Use Thereof," is hereby amended to read as follows: 3.56.040 Distribution of Tax Proceeds and Limiting the Use Thereof A. The County treasurer shall place 1% of the proceeds of the taxes imposed in this chapter in the County current expense fund to defray costs of collection. B. The remaining proceeds from City taxes imposed herein shall be distributed to the City on a monthly basis, and shall be placed by the Finance Director in the Land Acquisition, Recreation and Park Development Fund (301); the Public Safety Plan Fund (305); or the City Facilities Fund (306), for use in conjunction with any project within these funds. W: Word Processing\REET-Distribution of funds 11-28-17 LH:bjs Page 1 of 2 269 C. This section shall not limit the existing authority of this City to impose special assessments on property benefited thereby in the manner prescribed by law. D. The City Council shall review the distribution of the tax proceeds three years from the date of the passage of this chapter. Section 2. Referendum Procedure. This ordinance shall be subject to referendum procedure set forth in RCW 82.46.021. Pursuant to that section, the City Clerk is hereby designated as the filing officer for the referendum petition. Section 3. Repealer. Ordinance No. 1674 is hereby repealed. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney W: Word Processing\REET-Distribution of funds 11-28-17 LH:bjs 270 Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by M�a 'or's review Council review 11/27/17 r A? t_ i_ p, RT 12/04/17 RT Aa' e_ z)12. A1tg Date Alts SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police // PW SPONSOR'S Walsh Construction's Contract No. 14-067 provided construction for the Interurban Ave SUMMARY South Project. Final Change Order No. 9 settles the additional compensation request after mediation that began on 6/16/17 and continued throughout the summer. The final settlement is $1,425,000 with the State Transportation Improvement Board approving an additional $750,000 in grant funds. Council is being asked to approve Walsh Construction's Change Order No. 9 for $1,081,259.15. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/14/17 COMMITTEE CHAIR: DE'SEAN /1 Transportation Cmte ITEM INFORMATION ITEM No. 5.H. 271 STAID SPONSOR: ROBIN TISCHMAK ORIGINAL. AGENDA DATE: 11/27/17 AGENDA ITEM Ti'ni: Interurban Ave S Walsh Construction's Final Settlement Change Order No. 9 CATEGORY ►1 Discussion 11/27/17 ►1 Motion Date 12/04/17 ❑ Resolution Mtg Date ❑ Ordinance MtgDate ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date A1tg Date Alts SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police // PW SPONSOR'S Walsh Construction's Contract No. 14-067 provided construction for the Interurban Ave SUMMARY South Project. Final Change Order No. 9 settles the additional compensation request after mediation that began on 6/16/17 and continued throughout the summer. The final settlement is $1,425,000 with the State Transportation Improvement Board approving an additional $750,000 in grant funds. Council is being asked to approve Walsh Construction's Change Order No. 9 for $1,081,259.15. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/14/17 COMMITTEE CHAIR: DE'SEAN /1 Transportation Cmte ❑ Planning Comm. QUINN (ACTING) RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $8,917,921.31 $11,984,000.00 $165,000.00 Fund Source: 104 ARTERIAL FUND (PAGE 16, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/27/17 Forward to Regular Meeting 12/04/17 MTG. DATE ATTACHMENTS 11/27/17 Informational Memorandum dated 11/09/17, revised after 11/14 TIC meeting Walsh Construction's Final Settlement Change Order No. 9 to Contract No. 14-067 Interurban Ave S Project CIP Overview Minutes from the Transportation & Infrastructure Committee meeting of 11/14/17 12/4/17 No attachments 271 272 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/13/17 RT (2 - ❑ Motion Mtg Date Da. 12/4/17; RT C iii DL'\ Mtg Date Mtg Date 12/4 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police /1 PW/ SPONSOR'S Final design of the 53rd Ave S Residential Street Project is nearly complete. Right -of -Way is SUMMARY needed along the street in order to construct the proposed improvements. This Ordinance will provide the authority to acquire the right-of-way on seven parcels, with the most square footage from the Tukwila School District. Council is being asked to approve this Ordinance for Right -of -Way with possible condemnation, if needed. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 10/24/17 COMMITTEE CHAIR: KATE r Transportation ITEM INFORMATION ITEM No. 5.1. 273 STAFF SPONSOR: ROBIN TISCHMAK ORIGINAL AGENDA DATE: 11/13/17 AGENDA ITEM TITLE 53rd Ave S Residential Street Project Ordinance for Acquisition of Right -of -Way CATEGORY / / Discussion 11/13/17 ❑ Motion Mtg Date ❑ Resolution/ Mtg Date 1 Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 12/4 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police /1 PW/ SPONSOR'S Final design of the 53rd Ave S Residential Street Project is nearly complete. Right -of -Way is SUMMARY needed along the street in order to construct the proposed improvements. This Ordinance will provide the authority to acquire the right-of-way on seven parcels, with the most square footage from the Tukwila School District. Council is being asked to approve this Ordinance for Right -of -Way with possible condemnation, if needed. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 10/24/17 COMMITTEE CHAIR: KATE r Transportation Cmte ❑ Planning Comm. KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 103 RESIDENTIAL STREETS (PAGE 3, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 Forward to 12/4/17 Regular Meeting MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 10/20/17 Draft Ordinance with Exhibits of Legal Descriptions and Maps Minutes from the Transportation & Infrastructure Committee meeting of 10/24/17 12/4/17 Final Ordinance 273 274 totilLA J y? <4sy, O t� y 1905 of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE 53RD AVENUE SOUTH ROADWAY AND SURFACE WATER DRAINAGE SYSTEM PROJECTS; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR PAYMENT THEREOF AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW AND FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 5, 2016, the City Council adopted the 2017-2022 Capital Improvement Program (CIP), by Resolution No. 1901; and WHEREAS, the City of Tukwila has approved Capital Improvement Projects titled "53rd Ave S (S 137th St — S 144th St)" and "53rd Ave S Surface Water Drainage System" (hereafter, the "Projects") that call for construction of roadway and surface water improvements including curb, gutter, sidewalk, utility undergrounding, surface water detention and water quality, and illumination; and WHEREAS, the existing roadway right-of-way width of 40 feet is not sufficient to allow for the required roadway and utility improvements; and WHEREAS, after several months of negotiation, the City and property owners were unable to reach an agreement for the required property; and WHEREAS, the City Council has found that the public health, safety, necessity and convenience demand that the Projects be undertaken at this time, and that in order to carry out the Projects it is necessary at this time for the City to acquire interests and rights to the property described herein; and W: Word Processing\Ordinances\Acquisition for 53rd Ave S Projects 10-16-17 RL:bjs Page 1 of 3 275 WHEREAS, the City Council finds and declares it necessary and in the best interest of the public that interests in the land and property rights hereinafter described be condemned, appropriated, and taken for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, the City is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to initiate eminent domain proceedings for the condemnation of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The land and property rights within the City of Tukwila, King County, Washington, located along 53rd Ave S. between S. 139th St. and S. 142nd St. and further described in the attached Exhibits A through G, are necessary for construction of the 53rd Ave S. roadway and surface water projects described above, subject to making or paying just compensation to the owners thereof in the manner provided by law. Section 2. The City of Tukwila specifically finds construction of the Projects to be a public use, specifically the construction of widening of a portion of 53rd Ave S. to accommodate new sidewalks, wider lanes, curb ramps, storm drainage facilities, and utilities. The City Council specifically finds construction of the Projects to be necessary, and in the best interests of the citizens. Section 3. The cost and expense of acquiring said property rights shall be paid from the 103 Residential Streets and 412 Storm Water Funds of the City of Tukwila and from other monies applicable thereto that the City may have available or may obtain. The Director of the Public Works Department or his designee is hereby authorized to negotiate with and make offers to the owners of said land or property for the purposes of making or paying just compensation, and to approve the payment of just compensation as negotiated with said owners or as ordered by the Court. Section 4. In the absence of negotiated purchases with the affected property owners, the City Attorney is hereby authorized and directed to undertake proceedings provided by law to condemn, appropriate, and take the property necessary to carry out the provisions of this ordinance. The City Attorney is further authorized to approve and enter into any and all such agreements, stipulations, and orders necessary to carry out the provisions of this ordinance, including for the payment of just compensation as agreed to with the property owners, or as ordered by the Court. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W: Word Processing\Ordinances\Acquisition for 53rd Ave S Projects 10-16-17 RL:bjs 276 Page 2 of 3 Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Attachments: Exhibit A – Exhibit B – Exhibit C – Exhibit D – Exhibit E – Exhibit F – Exhibit G – Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Parcel No. 167040-0037: Take Legal Description and Map— Sidewalk and Utility Easement Parcel No. 167040-0115: Take Legal Description and Map— Sidewalk and Utility Easement Parcel No. 000300-0011: Take Legal Description and Map— Sidewalk and Utility Easement Parcel No. 000300-0010: Take Legal Description and Map— Sidewalk and Utility Easement Parcel No. 000300-0010: Take Legal Description and Map— Utility Easement Parcel No. 167040-0020: Take Legal Description and Map— Sidewalk and Utility Easement Parcel No. 167040-0145: Take Legal Description and Map— Sidewalk and Utility Easement W: Word Processing\Ordinances\Acquisition for 53rd Ave S Projects 10-16-17 RL:bjs Page 3 of 3 277 278 EXHIBIT A PARCEL NO. 167040-0037 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL `A° DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER BEING ON THE WESTERLY MARGIN OF 53R0 AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01° 35' 18" WEST, 224.94 FEET TO THE SOUTH LINE OF SAID PARCEL "A'; THENCE NORTH 89° 03' 34" WEST ALONG SAID SOUTH LINE, 2.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01' 35' 18" EAST ALONG SAID PARALLEL LINE, 171.29 FEET; THENCE NORTH 88° 24' 42" WEST, 13.00 FEET TO A LINE THAT IS 15.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01° 35' 18" EAST ALONG SAID PARALLEL LINE, 31.00 FEET; THENCE SOUTH 88° 24' 42" EAST, 13.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01° 35' 18" EAST ALONG SAID PARALLEL LINE, 22.65 FEET TO THE NORTH LINE OF SAID PARCEL "A"; THENCE SOUTH 88° 48' 30" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT OF BEGINNING; CONTAINING 853 SQUARE FEET, MORE OR LESS. PARCEL `A": (PER TICOR TITLE COMPANY ORDER NO. 70064112, JANUARY 6, 2017) THE EAST 74 FEET OF THE NORTH 77.4 FEET OF LOT 4; LOT 9, EXCEPT THE SOUTH 70 FEET THEREOF; LOT 10; ALL IN BLOCK 1, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE, ACCORDINGTO THE PLAT THEREOF RECORDED IN VOLUMEI 1 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON. / O I BREL FO !� 1 :n 4_ jam, 16. 167040-0037 ESMT.DOCX • • . • 1°A,41. LAND Page 1 of 1 T,\L.O.\i-\- G\Tll_F. 279 280 PROPERTY LINE SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. 2.00' 22.65' 13.00' SIDEWALK AND UTILITY EASEMENT AREA = 853 S.F.± TAX LOT NUMBER 167040-0037 N.T.S. 15.00' 0 13.00 POB 20' ROW -- 2.00' N O) -41 2.00' EXISTING RIGHT OF WAY q w r) 53RD AVE S S 140TH ST DATE: 07/20/2017 FILE: 16. 167040-0037 ESMT.DWG EXHIBIT A PARCEL 167040-0037 SIDEWALK AND UTILITY EASEMENT 753 9th Ave N Sea1Ce, WA 98109 (206) 286-1640 ww,v.kpg.cam 2502 Jefferson Ave Tacoma, NIA 98402 (253) 6270720 EXHIBIT PARCEL NO. 167040-0115 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A', DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY MARGIN OF SOUTH 139TH STREET AND WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE SOUTH 01° 35' 18" WEST ALONG SAID WESTERLY MARGIN, 147.47 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 88° 40' 53" WEST ALONG SAID SOUTH LINE, 2.00 FEET; THENCE NORTH 01° 35' 18" EAST, 68.65 FEET; THENCE NORTH 88° 24' 42" WEST, 14.00 FEET; THENCE NORTH 01° 35' 18" EAST, 31.00 FEET; THENCE SOUTH 88° 24' 42" EAST, 14.00 FEET; THENCE NORTH 01° 35' 18" EAST, 15.53 FEET; THENCE NORTH 88° 24' 42" WEST, 1.50 FEET; THENCE NORTH 01° 35' 18" EAST, 14.55 FEET; THENCE NORTH 45° 48' 28" WEST, 14.35 FEET,' THENCE NORTH 88° 33' 21" WEST, 23.52 FEET; THENCE NORTH 01° 26' 39" EAST, 8.00 FEET TO SAID SOUTHERLY MARGIN; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTHERLY MARGIN, 37.60 FEET TO THE POINT OF BEGINNING; CONTAINING 1101 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064113, DATED JANUARY 6, 2017) LOT 12, BLOCK 1, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED INVOLUME 11 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON. 19. 167040-0115 ESMT. DOCX Page 1 of 1 I" tar TACOMA. SEATTLE 281 EXISTING RIGHT OF WAY SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. EXISTING RIGHT OF WAY °° r2 S 139TH ST EXISTING RIGHT OF WAY 8.00' 23.52 14.35' S 88'33'21" E 37.60' _POB 20' SIDEWALK AND UTILITY EASEMENT AREA = 1101 S.F.± TAX LOT NUMBER 167040-0115 PROPERTY LINE DATE: 07/28/2017 1,50' 15, 53' 14.00 14.00 r ct- FribiGt- 753 St Ave N Sea No, WA 96109 (206) 288-160 mackpp am 2502 Jefleison Ave Team, WA 98402 (253) 6270720 2.00' x IW ROW EXIS11NG RIGHT OF WAY 53RD AVE S EXISTING RIGHT OF WAY N.T.S. FILE: 19. 167040-0115 ESMT.DWG EXHIBIT ?k PARCEL 167040-0115 SIDEWALK AND UTILITY EASEMENT 282 EXHIBIT Co. PARCEL NO. 000300-0011 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A'; DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTH LINE, 535.99 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID SOUTHERLY PROLONGATION, 20.00 FEET TO THE NORTHERLY MARGIN OF SOUTH 139TH STREET AND THE TRUE POINT OF BEGINNING; THENCE NORTH 01° 03' 21" EAST ALONG SAID WESTERLY MARGIN, 229.84 FEET TO THE NORTHERLY LINE OF SAID PARCEL "A"; THENCE NORTH 88° 37' 51" WEST ALONG SAID NORTHERLY LINE, 5.00 FEET TO A LINE THAT IS 5.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE SOUTH 01° 03' 21" WEST ALONG SAID PARALLEL LINE, 223.84 FEET; THENCE NORTH 88° 33' 21" WEST, 17.00 FEET; THENCE SOUTH 01° 03' 21" WEST, 6.00 FEET TO SAID NORTHERLY MARGIN; THENCE SOUTH 88° 33' 21" EAST ALONG SAID NORTHERLY MARGIN, 22.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1251 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064118, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14,TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY HELD AVENUE (NOW SOUTH 138TH STREET), ON THE EAST BY 53RD AVENUE SOUTH, ON THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY SOUTH 139TH STREET. 20. 000300-0011 ESMT.DOCX Page 1 of 1 TAi::o:mA• 283 N.T.S. w U, SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. S 138TH ST TAX LOT NUMBER 000300-0011 5.00' SIDEWALK AND UTILITY EASEMENT AREA = 1251 S.F.± 17.00' O N POB 22.00' S 88'33'21" E 535.99' CD TPOB w N ▪ O Q O p O SOUTH LINE STEPHEN FOSTER D.L.C. DATE: 07/28/2017 S 139TH ST N N) 0 EXISTING RIGHT OF WAY FILE: 20. 000300-0011 ESMT,DWG 753 9111 Ave N Sea18e. WA 98109 (2061 236-1640 weekkIyanni 2502 Jefferson Ave iaame. WA 98402 (253)627-872o EXHIBIT Co PARCEL 000300-0011 SIDEWALK AND UTILITY EASEMENT 284 EXHIBIT V PARCEL NO. 000300-0010 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTH LINE, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53RD AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID CENTERLINE, 403.30 FEET; THENCE NORTH 88° 56' 39" WEST, 20.00 FEET TO POINT "A", SAID POINT BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET TO POINT "B"; THENCE CONTINUING ALONG SAID WESTERLY MARGIN NORTH 01° 03' 21" EAST, 47.12 FEET TO THE SOUTHERLY MARGIN OF SOUTH 137fh STREET; THENCE SOUTH 88' 59' 41" WEST ALONG SAID SOUTHERLY MARGIN, 44.50 FEET; THENCE SOUTH 01° 00' 19" EAST, 7.00 FEET; THENCE NORTH 88° 59' 41" EAST, 28.24 FEET; THENCE SOUTH 01° 03' 21" WEST, 39.54 FEET; THENCE SOUTH 88° 56' 39" EAST, 16.00 FEET TO POINT "B". CONTAINING 948 SQUARE FEET, MORE OR LESS. 21. 000300-00W ESMT.DOCX Page 1 of 2 1'ALOMr\• `EA1[fl,t: 285 TOGETHER WITH THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "A'; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01° 03' 21' WEST, 135.32 FEET TO THE NORTHERLY MARGIN OF SOUTH 138TH STREET; THENCE NORTH 88° 37' 51" WEST ALONG SAID NORTHERLY MARGIN, 5.00 FEET; THENCE NORTH 01" 03' 21" EAST, 107.26 FEET; THENCE SOUTH 88° 56' 39" EAST, 3.00 FEET; THENCE NORTH 01° 03' 21" EAST, 28.04 FEET; THENCE SOUTH 88° 56' 39" EAST, 2.00 FEET TO POINT 'A" CONTAINING 592 SQUARE FEET, MORE OR LESS. TOTAL EASEMENT AREA CONTAINING 1540 FEET MORE OR LESS. PARCEL 'A": (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). • pp�EL FOO • • • 21. 000300-0010 ESMT.DOCX 286 0415/ /Zoi Page 2 of 2 TACOMA• SEATTLE N. T. S. SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. EXISTING RIGHT OF WAY I 44.50' S 137TH ST 7.00' 28.24 SIDEWALK AND UTILITY EASEMENT .- AREA = 948 S.F.± TAX LOT NUMBER 000300-0010 TOTAL SIDEWALK AND UTILITY EASEMENT AREA=1540 rn 16.00 16.68'- 2.00' 3.00' 0 CO N T"B" PT _"A" SIDEWALK AND UTILITY EASEMENT 1//.>._ S 138TH ST DATE:07/31/2017 SOUTH LINE STEPHEN FOSTER D.L.C. 20' W Q M N 88'56'39" 20.00' ROW ICU 0 • S 88'33'21" E 555.99' FILE: 21. 000300-0010 ESMT.DWG f 76391hAve N 2502JeflesmAre Sotto, WA 98109 Tampa, WA 98402 (2061285-1640 (253)627-0120 w 191= EXHIBIT PARCEL 000300-0010 SIDEWALK AND UTILITY EASEMENT 287 288 EXHIBIT E PARCEL NO. 000300-0010 UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21" EAST ALONG SAID SOUTH LINE, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53RD AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID CENTERLINE, 403.30 FEET; THENCE NORTH 88° 56' 39" WEST, 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01° 03' 21" EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET; THENCE NORTH 88° 56' 39" WEST, 16.00 FEET; THENCE NORTH 01° 03' 21" EAST, 27.00 FEET; THENCE NORTH 88° 56' 39" WEST, 1.50 FEET; THENCE SOUTH 01° 03' 21" WEST, 9.30 FEET; THENCE SOUTH 72° 40' 26" WEST, 29.74 FEET; THENCE NORTH 88° 56' 39" WEST, 19.28 FEET; THENCE SOUTH 01° 03' 21" WEST, 25.00 FEET; THENCE SOUTH 88° 56' 39" EAST, 65.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1652 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). U /3//30/1-- 21. //20"1- 21. 000300-0010 UESMT.DOCX Page 1 of 1 TACOMA- SI =ATTLI 289 N.T.S. SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. S 137TH ST TAX LOT NUMBER 000300-0010 UTILITY EASEMENT AREA = 1652 S.F.± EXISTING RIGHT OF WAY S 138TH ST DATE: 07/31 /2017 SOUTH LINE STEPHEN FOSTER D.L.C. REPIG 753 9h Ave N 25502 Je6eson Ave Seattle, WA 90109 Tacoma, WA 98402 (206) 286-1640 (253) 627.0720 waw.kp9.m¶ EXISTING RIGHT OF WAY -7 53RD AVE S N 88'56'39" 20.00' EXISTING RIGHT OF WAY 20' ROW w o rN) ri 0 • `r o S 88'33'21" E 555.99' y FILE: 21. 000300-0010 UESMT.DWG EXHIBIT g PARCEL 000300-0010 UTILITY EASEMENT f 290 EXHIBIT F PARCEL NO. 167040-0020 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A'; DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A; SAID CORNER BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01° 35' 18" WEST, 20.07 FEET TO THE SOUTH LINE OF SAID PARCEL A"; THENCE NORTH 88° 48' 30" WEST ALONG SAID SOUTH LINE, 2.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01" 35' 18" EAST ALONG SAID PARALLEL LINE, 20.07 FEET TO THE NORTH LINE OF SAID PARCEL "A"; THENCE SOUTH 88° 40' 53" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT OF BEGINNING; CONTAINING 40 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70067532, MARCH 9, 2017) EAST HALF OF TRACT 2, EXCEPT THE WEST 55 FEET THEREOF, AND ALL OF TRACT 11, BLOCK 1, COLEGROVE'S ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 85, IN KINGCOUNTY, WASHINGTON; EXCEPT THE EAST 100 FEET OF THE NORTH 127.4 FEET OF TRACT 11. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 04lZ7/2o/� 17. 167040-0020 ESMT.DOCX Page 1 of 1 PEPS i\•Q,1 NI iir 291 292 PROPERTY LINE SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. POB TAX LOT NUMBER 167040-0020 SIDEWALK AND UTILITY EASEMENT AREA = 40 S.F.± PROPERTY LINE 2.00' EXISTING RIGHT OF WAY 2.00' A I N.T.S. S 140TH ST CJ) W I EXISTING RIGHT OF WAY 4. a M LC) DATE: 07/27/2017 FILE: 17. 167040-0020 ESMT.DWG EXHIBIT F PARCEL 167040-0020 SIDEWALK AND UTILITY EASEMENT 7539NAve N Seatte, WA 98109 (206) 286-1640 w w+.4pg.crm 2502 Je8erso.1 Ave Tama, WA 98402 (253)627-0720 EXHIBIT 6 PARCEL NO. 167040-0145 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY MARGIN OF SOUTH 140TH STREET AND EASTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE SOUTH 01° 35' 18" WEST ALONG SAID EASTERLY MARGIN, 25.00 FEET; THENCE SOUTH 88° 24' 42" EAST, 5.00 FEET TO A LINE THAT IS 5.00 FEET EAST OF AND PARALLEL WITH SAID EASTERLY MARGIN; THENCE NORTH 01° 35' 18" EAST ALONG SAID PARALLEL LINE, 17.76 FEET TO A NON TANGENT CURVE TO THE RIGHT TO WHICH A RADIAL LINE BEARS NORTH 50° 20' 45" WEST, 22.89 FEET; THENCE ALONG SAID CURVE TO THE RIGHT AN ARC DISTANCE OF 12.55 FEET TO SAID SOUTHERLY MARGIN; THENCE ALONG SAID SOUTHERLY MARGIN NORTH 88° 44' 34" WEST, 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 154 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER TICOR TITLE COMPANY ORDER NO. 70064114, DATED JANUARY 4, 2017) THE WEST 100 FEET OF LOT 3, BLOCK 2, COLEGROVE'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 61.2 FEET THEREOF; AND EXCEPT THE NORTH 20 FEET THEREOF FOR SOUTH 140TH STREET, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 30. 167040-0145 ESMT.DOCX Page 1 of 1 TACOiMA• SEATTLE 293 SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. DATE: 03/08/2017 20' ROW S 140TH ST S 88'44'34" E N.T.S. EXISTING RIGHT OF WAY Q 0 Lri POB 15.00' 0 N 0 R=22.89', L=12.55' co SIDEWALK AND UTILITY EASEMENT = 154 S,F.± TAX LOT NUMBER 167040-0145 5.00 5.00' FILE: 30. 167040-0145 ESMT,DWG PQ 753 9th Ave N Seattle, WA 98109 (206) 286-1640 vmw.kFg.cam 2502 Jefferson Ave Taame, WA 90402 (253) 627-0720 EXHIBIT el PARCEL 167040-0145 SIDEWALK AND UTILITY EASEMENT 294 TO: FROM: DATE: SUBJECT: City of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator The City of opportunity, the community of choice Mayor Ekberg Councilmembers David Cline, City Administrator November 29, 2017 Report for December 4, 2017 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • National League of Cities City Summit: Mayor Ekberg and Councilmembers Duffie, Kruller and McLeod attended the National League of Cities City Summit in Charlotte North Carolina November 14 -19. • Highline Forum Meeting: On November 15 Council President Dennis Robertson, City Administrator David Cline and Business Relations Manager Brandon Miles hosted a Highline Forum meeting in Tukwila. The meeting included a presentation by the University of Washington about their Ultrafine Particles Study Results as well as a SeaTac Stakeholder Advisory Roundtable update and an update from the City of Tukwila. • WCMA Board Meeting: City Administrator David Cline participated in a Washington City/County Management Association Board Fall Retreat on November 17. He currently serves on the Board as the Past -President. II. Community Events • 28th Annual Thanksgiving Dinner: 193 seniors signed up for the 28th Annual Thanksgiving Dinner for Seniors on November 21. The DoubleTree Suites by Hilton, California Pizza Kitchen and the Interurban Starbucks donated food and beverages for the event and several City of Tukwila staff donated pumpkin pies. Mayor Ekberg, Councilmembers Duffie, Hougardy and Kruller, City Administrator David Cline and Police Chief Linton volunteered at the event along with community members, Foster High School students and other City employees. • Ryan Hill Neighborhood Meeting: Community Development staff organized a neighborhood meeting for the Ryan Hill Neighborhood in order to discuss their long- term neighborhood goals. About 20 property owners attended the meeting. Feedback was also requested on-line. The responses are being compiled and will be provided to the City Council. III. Staff Updates Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 295 City Administrator's Report November 29, 2017 Page 2 Public Safety • Emergency Management Planning: The Tukwila Fire Department Emergency Management division is working with the Tukwila School District to assist in the updating of their emergency plans. • Washington Associations of Sheriffs and Police Chiefs Annual Conference: Chief Linton attended the Washington Associations of Sheriffs and Police Chiefs Annual Conference in Chelan, Washington November 13 - 16. • Meeting with Teens for Tukwila: On November 15 the Community Police Team attended a Teens for Tukwila Q&A session to answer questions the teens had about public safety. • Coffee with a Cop: On November 16 the Community Police Team and Police Information Officer Victor Masters hosted Coffee with a Cop at the Southcenter Parkway Starbucks. • Black Friday Operation Westfield Mall: Tukwila officers were out in force at Westfield Mall on Black Friday November 24. The department set up a Command Post near Buffalo Wild Wings and had officers on foot and bicycle patrol, as well as on -duty patrol squads and the traffic unit. There were no major issues. Project Updates • Southcenter Pedestrian/Bicycle Bridge: Contractor is working to open up continuous access for pedestrians and bicyclists to use the bridge and all paths as well as installing temporary handrails while the permanent handrails are fabricated. Construction work will continue through the end of this year with final completion anticipated for January 2018. • S 144th St Phase II: Rainy weather has delayed completion of the remaining sidewalks and ADA ramps. The traffic signal and the pedestrian push button poles have been installed and we are awaiting delivery of the remainder of the materials needed to complete the new traffic signal. The estimated completion date is December 2017. • Major Maintenance on 3 Bridges: Work on all three project sites began on July 24 and all work is expected to be complete by March 2018. o Beacon Ave Bridge: Crews completed the concrete deck placement and are working on the painting on the interior portion of the structure and placement of the sidewalk. Contractor anticipates the bridge will be open to traffic by December 24, 2017. o Frank Zepp Bridge (S 180th): Contractor continues to work on the bearing pad installation. Once painting is completed on the Beacon Ave Bridge, crews will move to Frank Zepp to begin painting the sub -structure. The painting is anticipated to begin December 4. o Grady Way Bridge: No major impacts to Grady Way with only temporary lane closures on Longacres Drive. • 42nd Ave Phase Ill: Work continues on the pile drilling at the Gilliam Creek culvert. The stream bypass system is in place. Work continues on connecting the new storm system to the river and pursuing the underground conduit installation with ongoing coordination Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 296 City Administrator's Report November 29, 2017 Page 3 with Seattle City Light for pole supports. This project is scheduled to be complete in August 2018, barring any setbacks. • Baker Blvd Non -Motorized: Contractor has completed all the curbs, gutters and sidewalks at Andover Park East at Baker Blvd. Asphalt restoration is complete. Weather has delayed concrete pouring on Christensen Rd which is now scheduled for the week of November 27. Streetlighting poles and pedestrian push button poles are also scheduled for November 27. All work should be complete by December 2017. • BAR Bridge Rehab: Contractor continues to work on material submittals and work plan approvals from the railroad. The current estimated start date for installation of piling under the bridge is November 27. The estimated completion date for the project is December 2018. • HealthPoint Health and Wellness Center: HealthPoint is excited to be able to move forward with planning the new development now that the former motels site is no longer under consideration for the Justice Center. • Newporter Site: After the new zoning on TIB is adopted in 2018, staff will check with the Council on options for disposition. Two adjacent property owners are interested in a coordinated sale for development. • Tukwila Village: The Board of Architecture Review approved the building design for Building B, which is a five story, senior apartment building. This will be the final building of the development. The developer anticipates starting construction in 2018 and opening by the end of 2019. Boards and Commissions We are currently advertising for positions that will be vacant as of December 31, 2017. • Arts Commission: No vacancies. • Civil Service Commission: Two positions will be vacant as of December 31, 2017. • Community -Oriented Policing Citizens Advisory Board: Vacant Position: Student Representative. One position will be vacant as of December 31, 2017. • Equity & Social Justice Commission: Vacant Position: Student Representative. One position will be vacant as of December 31, 2017. • Human Services Advisory Board: Vacant Position: Position #2 School District Representative. Two applications have been received for consideration. One position will be vacant as of December 31, 2017. • Library Advisory Board: Vacant Positions: Position #7 Resident and Student Representative. • Lodging Tax Advisory Committee: No vacancies. • Park Commission: Vacant Positions: Positions #4 and #7 Community Members and Student Representative. Three applications have been received for consideration. • Planning Commission: Vacant Position: Position #6 Resident. Four applications have been received for consideration. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 297 298 TUKWILA PUBLIC SAFETY PLAN Monthly Update November 30,2017 Overall Plan Outreach • Open House #3 is scheduled for December 2 — 10:00 — 12:00pm at Water District 125/Valley View Sewer; online open house underway • Economic Development meeting with businesses that may be affected by the Public Safety Plan buildings one-on-one and scheduling at least one group meeting for businesses on the Justice Center site Financial Oversight Committee • Committee met October 19; will be providing a year end presentation to Council. Siting Advisory Committee • Siting Advisory Committee met again November 29; agenda included land acquisition update, review of FS 51 design to date and prep for December 2 open house Near-term Council Decisions and Key Dates • December 18 Justice Center Program and Estimate, disadvantaged business and apprenticeship utilization discussions with Lydig, PMQA Fire Stations Siting • The Council authorized a purchase and sale agreement for the Fire Station 54 site on Monday, November 20. • The Council authorized eminent domain for the three PSP sites not owned by the City on November 6. • Team is working on additional due diligence items to help with site acquisition including but not limited to site surveys, environmental reports, geotechnical reports. Contracts for these services were presented to Public Safety Committee and approved by Council in November. Architecture and Programming • Architectural program has been reviewed and approved by the team. • Schematic Design for 51 complete December 2017. • Station 51 high level designs were shared with Community Development and Neighborhoods Committee and Public Safety Committee on November 13 and November 20. Design images will be shared at the Public Open House. 299 Design and Permitting • Schematic Design phase began for Station 51 in late August. • Pre -application meeting with City permit staff scheduled for early December. • Phases scheduled to begin for 52 and 54 in June, 2018. Bidding and Construction • GCCM contractor procurement was held in September and October. Selection update and construction contract was presented and approved by Council in November. Pre - construction services starting with 51 Schematic estimate underway. • Phases scheduled to begin for 51 in September, 2018. • Phases scheduled to begin for 52 and 54 in July, 2019. Justice Center Siting • The Council authorized eminent domain for the three PSP sites not owned by the City on November 6. • Team is working on additional due diligence items to help with site acquisition including but not limited to site surveys, environmental reports, geotechnical reports. Contracts for these services were presented to Public Safety Committee and approved by Council in November. Architecture and Programming • Programming work is underway with police, courts and EOC. DLR's Program/Pre-Design Report will be submitted in December. Design and Permitting • Schematic Design phase scheduled to begin in December 2017, with official kickoff in January 2018. Bidding and Construction • GC/CM presentation to State Project Review Committee November 30. • GC/CM solicitation to be issued in December with selection in February. • Construction scheduled to begin in April, 2019. Public Works Facility Siting • The Council authorized eminent domain for the three PSP sites not owned by the City on November 6. 300 • Team is working on additional due diligence items to help with site acquisition including but not limited to site surveys, environmental reports, geotechnical reports. Contracts for these services were presented to Public Safety Committee and approved by Council in November. Architecture and Programming • Phases scheduled to begin in 2018. Design and Permitting • Phases scheduled to begin in June, 2018. Bidding and Construction • Phases scheduled to begin in September, 2019. Budget • Attached. Schedule December • Open House #3 • Financial Oversight Committee Year -End Report • Fire Stations Schematic Design review and pricing • Justice Center GC/CM Contractor Solicitation • Justice Center program/pre-design report • Fire Station 51 permitting pre -application • Due diligence begins when site access provided • Disadvantaged business and apprenticeship utilization discussion • Fire Stations and Justice Center Envelope Consultant Procurement underway January 2018 • Fire Station 51 final Schematic Design review and pricing with GCCM input to Public Safety Committee and Council • Fire Station 51 design development begins • Fire Stations and Justice Center Envelope Consultant procurement and proposed contract to Public Safety Committee and Council Due diligence activities continue • Lease -back negotiations on some properties begin 301 February 2018 • Justice Center GC/CM pre -construction contract to Public Safety Committee and Council • Fire Stations and Justice Center additional consultant contracts to Public Safety Committee and Council • Due diligence activities conclude, report production begins • Possible closing on some property transactions when prices finalized and due diligence complete • Lease -back negotiations continue/conclude March 2018 • Justice Center GC/CM pre -construction contract begins • Justice Center permitting pre -application • City Shops facility contracting method update • Open House #4 (1 of 2 open house 2018) • Due diligence reports complete • Most property transactions close April 2018 • Final contracting method determination for City Shops facility • Justice Center schematic design and cost estimate update with GC/CM involvement • Justice Center design development begins May 2018 • Fire Station 51 construction documentation process begins • Fire Station 51 design development cost estimate with GCCM involvement • Justice Center design review for permitting June 2018 • Fire Station 52 and 54 schematic design begins • City Shops facility program update July 2018 • Final contracting method determination for City Shops facility August 2018 • Fire Station 51 subcontractor bid procurement begins 302 September 2018 • Fire Station 52 and 54 GCCM pre -construction services begin • Open House #5 (2 of 2 open house 2018) October 2018 • Fire Station 51 Construction Contract Approval to Public Safety Committee and Council • Fire Station 51 building permit issued • Fire Station 52 and 54 schematic design cost estimate update with GCCM involvement • Justice Center construction documentation begins November 2018 • Fire Station 51 construction begins 303 304 City of Tukwila - Public Safety Plan Conceptual Budget Summary YOE $ (in thousands) PUBLIC SAFETY PLAN - FUNDING Project YEAR OF EXPENDITURE (YOE) SUMMARY UTGO Impact Fees General Fund Ente • rise Funds Total Facilities Public Safety Building Fire Stations (51, 52, 54) Public Works Shops FACILITIES TOTAL (Apparatus/Equipment 28,629 18,824 4,750 $ PLAN TOTAL $ 47,453 $ 29,932 I $ $ 77,385 $ 4,750 $ 4,750 $ - $ 858 14,747 15,605 $ 14,746 14,746 $ 15,605 $ 28,629 24,432 29,493 82,554 $ 29,932) 14,746 $ 112,486 indicates voter approved PUBLIC SAFETY PLAN - FACILITIES Fire Station Program as of December 31, 2016 Project Budgets (in YOE $) Public Safety Building FS 51 FS 52 FS 54 City Shops TOTAL Category NE Services (both design & CA) Land Acquisition Permits/Fees Construction (pre -con, const & tax) Construction Related Costs PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) TOTAL $ 1,616 6,000 440 16,195 1,064 1,114 2,199 $ 731 0 255 7,809 1,047 460 1,145 356 653 89 3,278 438 297 546 464 862 116 4,273 551 397 665 869 6,000 522 19,202 425 348 2,127 $ 4,037 13,516 1,421 50,758 3,526 2,615 6,682 28,629 $ 11,446 $ 5,657 $ 7,329 $ 29,493 $ 82,554 1/10/2017 CITY OF TUKWILA Public Safety Plan Fire Stations - 51, 52, 54 Conceptual Budget Summary YOE $ (in thousands) FUNDING SOURCE - Based on Initial Project Costs. qk Project Category Project UTGO (voter- approved) Impact Fees General Fund Enterprise Funds TOTAL Fire Stations 18,824 4,750 858 - 24,432 Justice Center 28,629 - - - 28,629 Public Works Shop - - 14,747 14,746 29,493 Facilities Total 47,453 4,750 15,605 14,746 82,554 Fire Apparatus/Equipment 29,932 - - - 29,932 Public Safety Plan Total $ 77,385 $ 4,750 $ 15,605 $ 14,746 $ 112,486 PROJECT COSTS t:X l ,-,.',11 °, Project Category Project Category FS51 17,950 sf FS 52 6,567 sf FS 54 8,228 sf TOTAL 32,745 sf A/E Services (both design & CA) 731 356 464 1,551 Land Acquisition - 653 862 1,515 Permits/Fees 255 89 116 460 Construction (pre -con, const, tax) 7,809 3,278 4,273 15,360 Construction Related Costs (incl bond) 1,047 438 551 2,036 PM Services (incl other prof svcs) 460 297 397 1,154 Contingency (incl Construction & Proj) 1,145 546 665 2,356 TOTAL $ 11,446 $ 5,657 $ 7,329 $ 24,432 t:X l ,-,.',11 °, Project Category FS51 1 9,426 sf FS 52 1 15,068 sf FS 54 9,287 sf TOTAL 33,781 sf FUNDING GAP A/E Services (both design & CA) 635 1,052 626 2,314 763 Land Acquisition 653 - 862 1,516 1 Permits/Fees 166 301 164 631 172 Construction (pre -con, const, tax) 6,324 9,547 6,233 22,105 6,744 Construction Related Costs (incl bond) 657 1,184 709 2,550 514 PM Services (incl other prof svcs) 300 576 305 1,181 28 Contingency (incl Construction & Proj) 749 1,094 765 2,608 252 TOTAL $ 9,486 $ 13,755 $ 9,665 $ 32,906 $ 8,474 The main fire station was originally identified as FS51, but has been changed to FS52 in the revised estimate. 306ncil Agenda Items\Communications\DoNOTDelete\PSP Funding and Costs - Fire Stations.xlsx, 6.8.17 S O J TUKWILA PUBLIC SAFETY PLAN FACILITIES PLAN Project Schedule NOVEMBER site selection program/site selection design and permitting bidding and construction move-in/occupancy completed ♦ public outreach (A) Architect Contract Approval (B) Contractor Pre -Con Contract COUNCILMEMBER DECISIONS (0) She Selection (E) Project Budget Changes (C) Contractor Construction Approval (F) Bond Sale #2 (G) GC/CM CPARB Start Finish Y Done 2016 2017 2018 2019 2020 2021 JFMAMJ JASONDJ F M A M J J A S O N D J F M A M J J A S O N D J FMAMJJASONDJFMAMJ JASONDJFMAMJJASOND CITYISOJ KICK-OFF MTG 10/05/16 10/05/16 100% ■ CITY VOTE 11/06/16 10/31/19 100% Ell BOND SALE 12/01/16 12/31/16 100% 1. PUBLIC OUTREACH - SITE SELECTON 01/01/17 12/31/21 32% JUSTICE CENTER 02/06/17 052520 10% I I I G B C STATION 51 02/24/17 09/27/19 22% I I A 0 4 C STATION 52 02/20/17 06/0520 12% I A I — I I D B C STATION 54 02/20/17 06/0520 12% I 1 A I I I 1 D B C CITY SHOPS 02/20/17 04/09/21 5% I I I I I I D A C site selection program/site selection design and permitting bidding and construction move-in/occupancy completed ♦ public outreach (A) Architect Contract Approval (B) Contractor Pre -Con Contract COUNCILMEMBER DECISIONS (0) She Selection (E) Project Budget Changes (C) Contractor Construction Approval (F) Bond Sale #2 (G) GC/CM CPARB 308 November 28, 2017 TO: Tukwila City Council FROM: Steve Goldblatt PMQA Consultant RE: Public Safety Plan December update The Project Executive Team has had another productive month on all fronts. Timely due diligence, access, and property acquisitions are key to maintaining the Plan's momentum. Fire Station 51's schematic design estimate and Justice Center's program estimate will give the Council a good idea of the Plan's overall budget stress. FIRE STATIONS • Site acquisition Depending on due diligence and site access, the Council should expect final pricing and closed transactions for Fire Station 54's property in February or March. • • Schematic design Weinstein AU is well into Station 51 schematic design, scheduled for completion in De- cember. With input from GC/CM Lydig Construction, the schematic design estimate will be the first "real" number that the Council sees in January. Sustainability features The Council can expect to see a short list of sustainability options for Fire Station 51 with their ROM (rough order of magnitude) budgets as schematic design alternates for GC/CM pricing. GC/CM pre -construction services On 20 November, Council approved Lydig as GC/CM and its pre -construction services contract. Lydig's first task is to develop a Station 51 schematic design estimate. Equity/diversity and local participation Based on continuing discussions in Public Safety, the PET is considering piloting a pro- gram similar to the City of Seattle's: formalized in a Project Labor Agreement (PLA) and/or Community Workforce Agreement (CWA). The Council needs to weigh the cost and efficacy of a formal PLA/CWA approach in light of the City's new equity policy (on your 4 December agenda for approval), your apprenticeship requirements (Resolution 1814), and the stations' budget stress. Lydig has a very good track record on GC/CM projects with disadvantaged business enterprise and apprenticeship utilization. The topic will return to a special meeting of Public Safety 18 December to discuss alternate approaches with staff, Lydig, and me. 309 JUSTICE CENTER • Property acquisition Depending on due diligence and site access, the Council should expect final pricing and closed transactions for the Justice Center's properties in February or March. • Programming Pending Public Safety's 18 December recommendation, the Council should expect DLR's program with an estimate in January. This estimate will only be as (un)certain as Fire Station 51's 2040 programming estimate. • GC/CM authorization and selection The Justice Center's GC/CM application was submitted 1 November for consideration 30 November by a panel of the State's Project Review Committee. Upon the PRC's ap- proval, the GC/CM solicitation and selection process will begin in December. The Coun- cil should expect a recommendation in February. CONSOLIDATED SHOPS • Property acquisition Depending on due diligence and site access, the Council should expect final pricing and closed transactions for the Shop's properties in February or March. PROPERTY ACQUISITIONS • Due diligence On 20 November, Council approved contracts to conduct surveys, environmental re- views, and geotechnical analyses to prepare for property acquisitions. Pending con- tract execution of the contracts, that work will be underway. OTHER RESOURCES • Professional services The Project Executive Team is working through procurement of additional consultant resources for the Fire Stations and Justice Center; e.g., envelope consultant, archeolo- gist, testing, and inspections. The Council can expect to see contracts for these services sometime in the new year's first quarter. SCHEDULE • Tight schedule The overall schedule remains very ambitious. With so many activities under way, there is little room for any missteps to meet the Plan's milestones. PMQA update November 28, 2017 page 2 310 BUDGET Project and program contingencies Without a budgeted program contingency, there will be pressure on all program ele- ments' budgets for the life of the Plan. At its 3 October meeting, the Finance Committee began discussing with staff how to approach the Plan's significant financial gap. The Committee directed staff to look at all options in conjunction with the development of the 2019-2020 biennial budget. Market conditions Like the Fire Stations, the Justice Center and Consolidated Shops budgets will need to be sensitive to tight construction market conditions and increasing property values. These external budget pressures will manifest themselves as property is procured and project estimates are refined. LEGEND • Meeting target Proceeding as planned. Caution advised Steps needed to meet target. • Correction needed Steps needed to attempt recovery. PMQA update November 28, 2017 page 3 311 312 Upcoming Meetings & Events December 2017 4th (Monday) 5th (Tuesday) 6th (Wednesday) 7th (Thursday) 8th (Friday) 9th (Saturday) > Civil Service Open House Bellwether Development Agreement 5:00 — 7:00 PM (Rainier CR — 6300 Southcenter Blvd) Come ask questions & meet the applicant. ➢ r ib_ary n dvisory ➢ Equity & Social Justice Commission, 5:15 PM (Bai Tong Restaurant — New location for this meeting only) Council Chat 10:00 AM to 12:00 NooN Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. (Foster High School Teacher's Lounge 4242 S. 144th St.) Tukwila Historical Society 16th Annual Holiday Gathering 6:00 — 9:00 PM (Nelson Family Residence —15643 W. Valley Hwy) Commission, Cancelled ➢ Public Safety Cmte, 5:30 PM (Hazelnut Conference Room) ➢ CityCouncil Regular Mtg., 7:00 PM (Council Chambers) Bid- Cancelled ➢ Finance Cmte, 5:30 PM (Hazelnut Conference Room) 11th (Monday) 12th (Tuesday) 13th (Wednesday) 14th (Thursday) 15th (Friday) 16th (Saturday) > Community Development & Neighborhoods Cmte., 5:30 PM (Hazelnut Conference Room) ➢ Reception for Joe(Sullivan Duffle .7:00 PM ➢ City Council Committee of Whole Mtg., 7:00 PM (Council Chambers) C.O.W. to be immediately followed by a Special Mtg. > Transportation & Infrastructure Cmte., 5:30 PM (Foster Conference Room) > Tukwila International Boulevard Action Cmte, Ile. View (Vathe Sewer Dist., 3460 S 148th) > Arts Commission, Cancelled > Boards and Commissions Holiday Social., 5:30 — 7:00 PM Center at Tukwila Village) For questions or to RSVP please contact Cheryl Thompson at: (206) 433-1850 > Planning Commission, 6:30 PM (Council Chambers) > COPCAB, 6:30 PM (Duwamish Conference Room) > Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305. > Civil Service Commission: 1st Mon., 5:00 PM, Human Resources Conf. Room. Contact Human Resources at 206-433-1831. ➢Community Development and Neighborhoods Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. ➢ Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Mia Navarro at 206-454-7564. ➢Finance Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. (A) A contract for health care broker services. (B) Report on 2017 3rd Qtr. sales tax and miscellaneous revenue. (C) Technology & Innovation Services Department quarterly report. > Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. >Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. (A) Purchase of Motorola Radios for the Police Department. (B) Code Enforcement update. ➢Planning Commission/Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. ➢Transportation and Infrastructure Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room. Contact Laurel Humphrey at 206-433-8993. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Linton at 206-433-1815. 313 Tentative Agenda Schedule MONTH MEETING 1 - REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. December 4 11 18 26 (Tuesday) Public Hearing: See agenda packet An ordinance authorizing cover sheet for the Bellwether Housing this week's agenda: Development Agreement. December 4, 2017 Regular Meeting Special Issues: - An ordinance authorizing the Bellwether Housing Development Agreement. -A resolution of service appreciation to Councilmember Joe Duffie.. -Tukwila Tourism and Economic Development Branding. -Consensus on Human Services plan. -A lease for Gregor House. Consent Agenda: -A resolution of service appreciation to Councilmember Joe Duffie. -Authorize the Mayor to sign a 5 -year lease with Way Back Inn, Gregor House for homelessness intervention./ prevention. -An ordinance approving and authorizing the Proposed Bellwether Housing Development Agreement at 3481, 3703, 3707, 3705 and 3601 S. 152"d Street with Bellwether Housing, LLC, a Washington Limited Liability Company. -Approval of Tukwila Tourism and Economic Development Branding. 314