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HomeMy WebLinkAboutPermit PL17-0024 - TUKWILA SOUTH - PRELIMINARY PLANT EXTENSION / ZONING CODE LETTER & OTHERPreliminary Plat Extension 3523049034 Associated Files: PL17-0024, L17-0031 This File: A22-0052 ZONING_CODE LETTER/OTHER SEGALE TUKWILA SOUTH PRELIM PLAT MULTIPLE APN'S: 0222049008, 0222049011, 022204-9033, 0222049037, 0222049040, 0222049043, 0222049057, 0222049061, 0239000352, 2623049065, 0322049006, 0322049047, 0322049052, 0322049090, 0322049092, 0322049093,0322049100, 3523049009, 3523049013, 3523049015, 3523049016, 3523049017, 3523049025, 3523049027, 3523049034, 3523049036, 3523049038, 3523049041, 3523049045, 3523049049, 3523049050, 3523049051, 3523049065, 3523049066, 3523049068, 3523049078, 3523049090, 3523049116, 3523049117, 3523049118 PLI 7-0024 L17-0031 PRELIMINARY PLAT City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Notice of Application Information Meeting (November 7th, 2017), and Public Hearing (December 4th, 2017) Final Plat Application for Tukwila South Properties Project Planner: Max Baker at 206.431.3683 or Max.Baker@Tukwilawa.gov Project# PL17-0058 Applicant: Mark Segale, Segale Properties Property Owner: Segale Properties Project Location: Tukwila South Project Description: Final plat application for the properties commonly referred to as "Tukwila South." A preliminary plat approval was granted for the area on October 11, 2017 to create a new lot layout for 42 existing lots. An Information Meeting is scheduled for the project on November 7th, 2017 at 4:00 pm to be held at 6300 Southcenter Blvd, Suite 100, Tukwila WA. A Public Hearing held by the City Council is scheduled for the project on December 4th, 2017 at 7:00 pm. The public hearing will be held in the City Council Chambers at 6200 Southcenter Blvd, Tukwila WA 98188. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the project planner listed above, or by visiting our offices Monday through Friday, 8:00am to 5:00 pm at DCD, 6300 Southcenter Blvd, Suite 100, Tukwila WA 98188. City of Tukwila Notice of Application Information Meeting (November 7th, 2017), and Public Hearing (December 4th, 2017) Final Plat Application for Tukwila South Properties Project Planner: Max Baker at 206.431.3683 or Max.Baker@Tukwilawa.gov • ..�f '11 r ' t INNC- 111 "LA I'S,i96t 112 1 a IS 697 SC• i `D Project# PL17-0058 Applicant: Mark Segale, Segale Properties Property Owner: Segale Properties Project Location: Tukwila South Project Description: Final plat application for the properties commonly referred to as "Tukwila South." A preliminary plat approval was granted for the area on October 11, 2017 to create a new lot layout for 42 existing Tots. An Information Meeting is scheduled for the project on November 7th, 2017 at 4:00 pm to be held at 6300 Southcenter Blvd, Suite 100, Tukwila WA. A Public Hearing held by the City Council is scheduled for the project on December 4th, 2017 at 7:00 pm. The public hearing will be held in the City Council Chambers at 6200 Southcenter Blvd, Tukwila WA 98188. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the project planner listed above, or by visiting our offices Monday through Friday, 8:00am to 5:00 pm at DCD, 6300 Southcenter Blvd, Suite 100, Tukwila WA 98188. SITE SPECIFIC DATA PROJECT NAME PROJECT LOCATION STRUCTURE ID TREATMENT REQUIRED VOLUME BASED (CF) FLOW BASED (CFS) TREATMENT HGL AVAILABLE (FT) PEAK BYPASS REQUIRED (CFS) — IF APPLICABLE PIPE DATA I.E. MATERIAL DIAMETER INLET PIPE 1 INLET PIPE 2 OUTLET PIPE PRETREATMENT BIOF/LTRATION DISCHARGE RIM ELEVATION SURFACE LOAD PARKWAY OPEN PLANTER PARKWAY FRAME & COVER 24" x 42" N/A N/A WETLANDMEDIA VOLUME (CY) 0.83 WETLANDMEDIA DELIVERY METHOD TBD ORIFICE SIZE (DIA. INCHES) 0 1.03" MAXIMUM PICK WEIGHT (LBS) 9000 NOTES: INSTALLATION NOTES 1. CONTRACTOR TO PROVIDE ALL LABOR, EQUIPMENT MATERIALS AND INCIDENTALS REQUIRED TO OFFLOAD AND INSTALL THE SYSTEM AND APPURTENANCES IN ACCORDANCE WITH THIS DRAWING AND THE MANUFACTURERS SPECIFICATIONS, UNLESS OTHERWISE STATED IN MANUFACTURERS CONTRACT 2. UNIT MUST BE INSTALLED ON LEVEL BASE. MANUFACTURER RECOMMENDS A MINIMUM 6" LEVEL ROCK BASE UNLESS SPECIFIED BY THE PROJECT ENGINEER. CONTRACTOR IS RESPONSIBLE TO VERIFY PROJECT ENGINEERS RECOMMENDED BASE SPECIFICATIONS. 3. ALL PIPES MUST BE FLUSH WITH INSIDE SURFACE OF CONCRETE. (PIPES CANNOT INTRUDE BEYOND FLUSH). INVERT OF OUTFLOW PIPE MUST BE FLUSH WITH DISCHARGE CHAMBER FLOOR. ALL GAPS AROUND PIPES SHALL BE SEALED WATER TIGHT WITH A NON —SHRINK GROUT PER MANUFACTURERS STANDARD CONNECTION DETAIL AND SHALL MEET OR EXCEED REGIONAL PIPE CONNECTION STANDARDS. 4. CONTRACTOR TO SUPPLY AND INSTALL ALL EXTERNAL CONNECTING PIPES. 5. CONTRACTOR RESPONSIBLE FOR INSTALLATION OF ALL RISERS, MANHOLES, AND HATCHES. CONTRACTOR TO GROUT ALL MANHOLES AND HATCHES TO MATCH FINISHED SURFACE UNLESS SPECIFIED OTHERWISE. 6. DRIP OR SPRAY IRRIGATION REQUIRED ON ALL UNITS WITH VEGETATION. GENERAL NOTES 1. MANUFACTURER TO PROVIDE ALL MATERIALS UNLESS OTHERWISE NOTED. 2. ALL DIMENSIONS, ELEVATIONS, SPECIFICATIONS AND CAPACITIES ARE SUBJECT TO CHANGE. FOR PROJECT SPECIFIC DRAWINGS DETAILING EXACT DIMENSIONS, WEIGHTS AND ACCESSORIES PLEASE CONTACT MANUFACTURER. PATENTED PERIMETER VOID AREA WETLANDMED14 BED VERTICAL UNDERDRA/N MANIFOLD DRAIN DOWN LINE PLANT ESTABLISHMENT MEDIA C/L PLAN VIEW ELEVATION VIEW OUTLET PIPE SEE NOTES PRE —FILTER CARTRIDGE INLET PIPE SEE NOTES 40 5' 0" LEFT END VIEW B/OF/LTRAT/ON a C/L HATCH FLOW CONTROL RISER RIGHT END VIEW PRETREATMENT/DISCHARGE TREATMENT FLOW (CFS) 0.052 OPERATING HEAD (FT) 3.4 PRETREATMENT LOADING RATE (GPM/SF) TBD WETLAND MEDIA LOADING RATE (GPM/SF) 1.0 THE PRODUCT DESCRIBED MAY BE PROTECTED BY ONE OR MORE OF THE FOLLOWINC US PATENTS 7, 425, 262,• 7, 470, 362; 7, 674, 378;• 8,303,816; RELATED FOREIGN PATENTS OR OTHER PATENTS' PENDING PROPRIETARY AND CONFIDENTIAL: THE INFORMATION CONTAINED IN THIS DRAWING LS THE .SOLE PROPERTY OF MODULAR WETLANDS SYSTEMS ANY REPRODUCTION IN PART OR AS A WHOLE WITHOUT THE WRITTEN PERMISSION OF MODULAR WE/LWDS SYSTEMS LS PROHIBITED. fir. M O D U L A R ETLANNS www.modulcrWetlonds.com I f833) 3MOD-WET MWS-L-4-4-V STORMWATER BIOFILTRATION SYSTEM STANDARD DETAIL 1/l TUKWILA SOUTH FINAL PLAT PHASE 1 PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N., R. 4 E.W.M. TUKWILA, WASHINGTON. FDT-13 DENOTES FINAL PLAT PHASE ONE COMMON AREAS DENOTES FINAL PLAT PHASE 1, LOT 1 DENOTES FINAL PLAT, PHASE 1, LOTS 2 AND 3 DENOTES FINAL PLAT PHASE 1 FUTURE DEVELOPMENT TRACTS PHASE 1 DENOTES FINAL PLAT PHASE 1 NBT# • NON -BUILDABLE TRACT 1 ------- DENOTES FINAL PLAT BOUNDARY RD-# DENOTES REGIONAL DETENTION TRACT SAT-# DENOTES SENSITIVE AREA TRACT ATirhit Community TUKWILA SOUTH FINAL PLAT - PHASING PLAN PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E.W.M. and SEC. 2 and 3,. TWP. 22 N., R. 4 E.W.M. TUKWILA, WASHINGTON. PHASE 1 'PHASE 4' FDT-3 -' DENOTES FDT-7 'PHASE 7' FDT-6 'PHASE 5' FDT-4 'PHASE 8' FDT-7. 'PHASE 3' FDT-2 'PHASE 6' FDT-5 NOTE THE SEQUENCE AND TIMING FOR DEVELOPMENT SHOWN ON THIS PHASING PLAN 5 NOT INTENDED TO BE ABSOLUTE AND REPRESENTS LIKELY PHASES BASED ON CURRENT MARKET CONDITIONS. PHASES MAY SE RECORDED CONCURRENTLY, OR IN A DIFFERENT ORDER THAN SHOWN ON THIS MAP, BASED ON MARKET ODNOMONS. FOR EXAMPLE, IT 5 ANTICIPATED THAT PHASES 1, 2 AND 3 WILL PROCEED FIRST AND BE RECORDED CONCURRENTLY, ON A FINAL PIAT DESIGNATING ALL REMAINING PHASES AS. FUTURE DEVELOPMENT TRACK. ALL PHASES WILL BE RECORDED WITHIN THE ALLOWED TERM OF THE PRELIMINARY PLAT, AND ANY EXTENSIONS GRANTED.' 7_ EIVED o e T i i l?ED oc112» nrrmurf PRT nI ve uprrr w 0 on O N o7 Q O 6 S W H S H N.Z O O - .1 O 00.41 Zw2 CO Cr CI I- W.W a ¢ ww V& 01 -R. - 0I I- •Z• au • 0-0 IA Cr VI I- O - 0' - IA w a O 01r w.• - ¢ Z.V.? N 0 -1 0 MM VI - M . z amwm 01 — Vl 0 O • w <3oarowa • ¢1-ww1-Z-Z W 1- W J O -a<o- F01w- Z032KLC. alr aat/1O Ca W " CC eaa d Wa.g W z2 CO Li. a,. PROJECT RIMER: • N/A WPM. ru.eoe SNEER OR ? r woo FOT2 /a.11111 4404 Sft PDT ;•A‘P‘t - DENOTES FDT-8 1'DTM OPEN PACE TRACT 2 41411 'PHASE 9' FDT-8 PDT-5 FDT-e PACE 111ADT 1 ID2 1 SATS r EDT 11 - DENOTES FDT-11 FOT-2 pb 01,4**Fp OPEN PACE TRACT NWARUAI L�4 PDT-4 F0T 0 ` ■ 1OT-N Fore 411 'PHASE 12' FDT-11 POT! EDT PACE TRACT 1D2 TUKWILA SOUTH FINAL PLAT - PHASING PLAN PORTIONS OF SEC: 35, TWP. 23 N., R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N., R. 4 E.W.M. TUKWILA, WASHINGTON. ME SAT - 08 TES FDT-9 EDT-% 101-D anus PACE MAGI 2 S •4 8A7, 4.400 'PHASE 10" FAT-9 PACETNcrt T DENOTES FDT-12 >/ 4 Wirj§i*D1' EDT - OPEN TIME TRACT 2 • ' 41111I �!ATJ 'PHASE 13' F'DT 12 PACE,RACT1 2^ SAT woo • FOT-1 - DENOTES FAT-1D 4® ( s CVS1 OPACETINCTI 1DT-N �� FO7-� PL7-e FOT _I 'PHASE 11' FDT-10 FDT� SPACE TRACTI Id2 SA15 SA FOr2 FDT-1 DENOTES FDT-13 ra.411 044 Poru 7 �•�c�4111 FOFO 'PHASE 14' FDT-13 FOR-2 FOT-S OPEN SPACE TRACT E • POT! PACE TRACT 1 SATS L t 7 ').J/ vEIVED OCT 112017 Community OevelopmenUECEIVED OCT 112017 Community 0 8 wm 0 v:0 m J Z ¢ O Q —n JQ W - Z F• - 0 0 N 10 J 0 • Z W 2 1A 0: r 0 <0I-wOQ K Z W W H V Z W 2 2 K 0: O O K- O w 41Ca 0 • w - - ut r6_ vWi rn . -U LJ V ZJ0 0001i4. C• Z¢ 7 •w. a LlN.41 O mrZo• w0 Kt-W W1-Z O CCZ 0 0: • 0. W 10a C. 0 J0~- 0wo:pc a 0: as w• 03 17g 03 • O. Pt10ECT MMEI! N/A' 2 ssoo 2 E: 2 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director October 11, 2017 TO: NOTICE OF DECISION 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: Applicant: Type of Permit Applied for: Project Description: Location: Comprehensive Plan Designation/Zoning District: DECISION L17-0031 Mark Segale, Segale Properties LLC Land Division - Preliminary Plat Preliminary plat for Tukwila South, owned by Segale Properties, LLC. Proposal to create new lot layout for 42 existing lots. 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 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 Plroject 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 E CL: 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 TUKWILA HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION (Applicant: IFile Number: Mark Segale, Segale Properties LLC L17-0031 Application: Preliminary Subdivision Application Owner: Segale Properties, LLC Location: Tukwila South SEPA Determination: Recommendation: Public Hearing: 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 Determination of Significance, Final Environmental Impact Statement issued in 2005 The Department of Community Development recommends approval with conditions 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. 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. 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 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 edestrian connections. A permit or approval issued by the City must be consistent with [he 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. 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. 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. 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 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 4.1.B 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. q'i� Entered this ( day of October, 2017. Ry. ► ancil H: g Examiner 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." 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 ►/ U.S. First Class Mail, postage prepaid City of Tukwila ❑ Inter -office Mail 6300 Southcenter Blvd, Suite 100 /1 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 H&CAIRNCROSS&HEMPELMANN ATTORNEYS AT LAW 524 2nd Ave., Suite 500 Seattle, WA 98104 www.cairncross.com office 206.587.0700 fax 206.587.2308 MEMORANDUM To: City of Tukwila Hearing Examiner From: Nancy, Bainbridge Rogers Re: Segale Tukwila South Preliminary Plat Date: September 19, 2017 This firm represents Segale Properties LLC ("Segale"), the applicant for the Tukwila South Preliminary Plat. Segale supports the Staff Report recommendation of approval for the preliminary plat of Tukwila South, subject to conditions. Segale asks that the Examiner also consider the following issues, including proposed clarifications to the Staff Report and to the wording of certain conditions. 1. On September 18, 2017, Segale sent to Mr. Baker a summary of requested clarifications to the Staff Report. We understand Mr. Baker will address those items and do not reiterate them in this memo. 2. The Examiner's authority to render a decision on any preliminary plat was discussed and determined in the original 2013 approval of a nearly identical subdivision for Tukwila South. The Staff Report, at pages 7 — 8, summarizes that authority. We ask the Examiner to note that the pertinent code provisions are TMC 18.104.010, TMC 18.108.030, and TMC 17.14.020. We also submit as an exhibit the Examiner's 2013 Preliminary Plat approval decision, and draw your attention to the discussion of the Examiner's authority found at Conclusions 1 and 2, which Segale supports. See, Ex. A to this Memo, 2013 Plat Decision. 3. Part of Segale's recent re -submittal to the City included a letter requesting three items: (a) that the Examiner enter findings and conclusions confirming that the phasing proposal shows phases, future development tracts, and non -buildable tracts consistent with the requirements and allowance of the Tukwila Municipal Code, (b) revisions to certain of the conditions from the 2013 Plat Decision so as to clarify the applicability of those conditions to the recording of the final plat in phases, and (c) that the Examiner add to the preliminary plat conditions, a condition calling for any final plat phase that includes a Non -Buildable Tract or Future Development Tract to also include notes specifically describing the nature of those tracts. See, Attachment F to the Staff Report, Segale Letter dated August 29, 2017. Segale asks that the Examiner review that letter and the other materials in the record, and include each of those items in the Preliminary Plat decision. {03408474.DOCX;1 } 4. Segale would also like to expand the Staff Report discussion of the subdivision and phasing plan, found at pp. 15 - 17. • The preliminary plat application for Tukwila South seeks approval to divide the property into 42 lots, and several tracts (two private road tracts, one non -buildable tract, two regional detention tracts, five sensitive areas tracts, and two open space tracts). See, Staff Report, Attachment A, Preliminary Plat, Sheet 1 of 13. • Once the preliminary plat is approved, Segale anticipates creating final buildable lots over the course of the five year lifetime of the approved preliminary plat approval via developing and recording the subdivision in phases. Phased recording for final plats is specifically authorized by TMC 17.14.040. • Under TMC 17.14.040, the City Council will review and approve the phasing plan, by confirming that the criteria of that code section are met: o that the phasing plan includes all lands contained within the preliminary plat, o that the sequence and timing of development is identified on a map, o that each phase includes a contiguous group of lots, that meets development standards on their own, o that each phase includes adequate circulation and utilities (or that such improvements are deferred as allowed elsewhere under code), and o that all phases are recorded during the five-year life of the preliminary plat, unless an extension is granted. • To assist City Staff and the Examiner, as well as the City Council, to understand the planned phasing, Segale prepared the Preliminary Plat — Phasing Plan, and the Final Plat — Phasing Plan, provided to you in Attachment F to the Staff Report. • While each of these plan sets contains the same information, it is depicted in two different ways. First, the Preliminary Plat — Phasing Plan shows how all 42 of the lots correlate to the phases. Second, the Final Plat - Phasing Plan shows that the first Final Plat that Segale plans to seek approval for and record will bring to final configuration all of the SAT, RD, and Open Space Tracts on the preliminary plat (Phase 1), together with preliminary plat lot 7 (Phase 2), and preliminary plat lot 36 and 37 (Phase 3), and record as FDT Nos. 1 through 14 all remaining lands (Phases 4 through 17). • We hope that having these two separate plans will help anyone not as deep in the details of the Tukwila South plat as Segale understand the proposal and ask the Examiner to enter findings and conclusions explaining to the City Council the phasing proposal. {03408474.DOCX;1 ; 2 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director Staff Report to the Hearing Examiner Prepared September 15, 2017 Amended September 19, 2017 HEARING DATE: September 19th, 2017 NOTIFICATION: On July 26th, 2017 a Notice of Application was mailed to all property owners and tenants within 500 feet of the subject property. On September 5th, 2017, a Notice of Hearing was also mailed to all property owners and tenants within 500 feet of the subject property and posted on site. FILE NUMBER: L17-0031 APPLICANT: Mark Segale, Segale Properties OWNER: Segale Properties LLC REQUEST: Preliminary Short Plat for Tukwila South to create new lot layout for 42 lots. LOCATION: Tukwila South. The area is generally bounded by S. 180th Street to the north; S. 204th Street to the south; the Green River to the east; and Orillia Road and Interstate 5 to the west. SEPA DETERMINATION: Determination of Significance (DS) Final' Environmental Impact Statement issued in 2005. STAFF: Max Baker, Assistant Planner ATTACHMENTS: A. Tukwila South Preliminary Plat B. Tukwila South Preliminary Engineering Plans' C. Tukwila South Master Plan D. Development Agreement between City of Tukwila and Segale Properties, LLC, with addendums and amendments.2 E. Relevant Pages of the City's Comprehensive Plan Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov F. Phasing Plan Map G. Land Use Map H. Applicant's Narrative and Response to Criteria I. Special Permission — Director permit application (L12-028) for installation of utilities within the buffer of a wetland J. City Letter from David Cline Extending Trail Plan Submittal to 12.31.17 K. Trail Easement Agreement Between Segale Properties LLC and the City of Tukwila, KC Recording # 20150716000578 L. L12-027 (Previous Preliminary Plat Approval for Tukwila South, 9/6/2013) Notice of Decision, Hearing Examiner Report & Staff Report 'These plans are shown for general background only and are not approved by the City for construction. 2The various exhibits, easements and various other associated documents have not been provided and can be provided upon request. BACKGROUND The preliminary subdivision application is for a proposed subdivision located in Tukwila South, the largest undeveloped area in the Seattle Metropolitan area. Tukwila South is larger than downtown Bellevue and South Lake Union. The entire Tukwila South area is argely under single ownership by Segale Properties, LLC. 'S 177th st -,,: Si1.78th STir. (3,1 -> • QS_1^79 th Sty 7O ?N D S lBlst St a' i 1 i , .. S i82nd'St n Photo 1: Tukwila South Area 3 Comprehensive Plan The City's current Comprehensive Plan was adopted in 1995 and since that time the City has anticipated the future development of the Tukwila South area. The City's Comprehensive Plan devotes an entire chapter to Tukwila South (the relevant pages are included as Attachment E). The City's Comprehensive Plan includes the following vision statement for the area: "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." Zoning The Tukwila South area contains several zoning desiignations, 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 (TMC 18.41.010). As referenced in TMC 18.41.010, "the [overlay) may be applied by the City Council to any property Tying within the Comprehensive Plan's Tukwila South Master Plan. PREVIOUS LAND USE ACTIONS The City of Tukwila and Segale Properties LLC have been working on a coordinated development for the Tukwila South area for nearly ten years. The following briefly outlines the major plans, agreements, and completed work that relate to the future development of the area. Master Plan Consistent with Policy 9.1.3 of the City's Comprehensive Plan, 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 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. As was discussed in the Master Plan: "With nearly 500 acres of land five minutes from SeaTac Airport and adjacent 1-5, the Tukwila South project site is the largest private 4 development parcel in the greater Seattle area. Properly planned and implemented, the project will provide 25,000 new jobs and join the University of Washington, Microsoft and Boeing Everett as the regions fourth major, "non -Central Business District" employment center. It will become a major new urban node in the region and provide significant benefits to the City of Tukwila and improve the quality of life of its residents." The ten principles of the Master Plan are: • Principle #1: Long Term Vision. o The development of Tukwila South will be guided by a long-term vision that will create a different, more cohesive development pattern if the property was developed on a parcel by parcel -basis. • Principle #2: Creating a Destination o Tukwila South will become a regional destination. • Principle #3: Building Value o Development decisions will be weighed by their ability to maximize the site's potential to create value. • Principle #4: Multi -Use o Tukwila South will include employment, goods and services, and housing. The project will be multi -use and include a wide range of businesses instead of focusing on industrial retail users. Residential is also being considered to bring additional vitality to the area. • Principle #5: Increasing Density Over Time o Tukwila South will be planned to accommodate increased density overtime. • Principle #6: Quality of Environment o Tukwila South will create a memorable and regionally identifiable place. • Principle #7: Connections o Tukwila South will connect externally to neighboring and regional assets, as well as internally by connecting its districts and other uses. This principle goes on to discuss the need to provide pedestrian connections throughout the project. • Principle #8: Amenities o Tukwila South will create a comprehensive amenities system that leverages the site's assets. • Principle #9: Implementation Strategy o Development must be strategically phased to successfully transition Tukwila South from agricultural and industrial property to an urban destination. • Principle #10: Environmental Stewardship o Tukwila South will be developed in a manner that preserves, protects, and restores the natural features of the area. Development Agreement The City's Comprehensive Plan calls for development in Tukwila South to occur in a coordinated manner. In 2009 the City of Tukwila and Segale Properties, LLC entered into a development agreement for the Tukwila South Project to assist in developing the area in a 5 coordinated manner (the "Development Agreement"). Segale Properties, LLC owns over SW 400 acres in Tukwila South and, according to the Ordinance that adopted the Development Agreement, Segale intends to develop the Tukwila South 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 Tukwila South Property. The plan calls for approximately ten million square feet of development that would be accommodated in a combination of a campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech ("Tukwila South Project"). The Tukwila South Project will use the topographic and environmental constraints of the site to define the limits of its development area. The Tukwila South Project includes the extension of Southcenter Parkway in an alignment along the west edge of the valley floor; thus, functioning as the major transportation arterial through the site. The Tukwila South Project will also contain an integrated, internal circulation system of streets, sidewalks and pedestrian connections. The Development Agreement constituted a final land use action pursuant to Revised Code of Washington (RCW) 36.70C.020 and was subject to judicial review subject to RCW 36.70C.101 et seq. No appeals were filed regarding the Development Agreement. There have been subsequent addendums and amendments to the Development Agreement. A copy of the Development Agreement, with addendums and amendments, is included as Attachment D. State Environmental Policy Act (SEPA) 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 existing Segale Business Park, which is not included in the preliminary 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 withal the envelope of the prior FEIS, no additional SEPA reviiew 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 (see Attachment I). Sensitive Areas Master Plan To facilitate development of the Tukwila South Project, the City approved a Sensitive Areas Master Plan (the "SAMP"), City of Tukwila project file number L10-014. The SAMP allowed Segale Propertie to develop an area -wide plan for alteration and mitigation of sensitive areas that results in improvements to water quality, fish and wildlife habitat and hydrology beyond those that would occur through the strict application of the provisions of TMC 18.45, the City's sensitive areas regulations. 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 called Sensitive Area Tracts on the 6 proposed plat. Mitigation work in Wetland 10 and 11 has been completed and Johnson Creek has been relocated. This work is currently under the monitoring period. Off -site channel work is also complete and under monitoring. Grading Permit On April 29, 2011, the City issued a grading permit (PW10-064) to Segale Properties, LLC for mass grading of the Tukwila South Project area. The purpose of the grading permit was to prepare the area for future development in accordance with the approved Master Plan and Development Agreement. The applicant is still in the process of completing the work outlined in the approved grading plan. Shoreline Substantial Development Permit In conjunction with the grading permit, the City of Tukwila issued a shoreline substantial development permit (L 10-025) for grading within 200 feet of the Ordinary High Water Mark (OHWM) and to allow modification of an existing flood levee. Like the grading permit, the shoreline substantial development permit was to prepare for the future development of the Tukwila South area in accordance with the approved Master Plan and Development Agreement. PRELIMINARY SUBDIVISION APPLICATION 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 citing approval was issued. Segale Properties LLC sought to process a modification to the September 19th, 2013 preliminary plat approval in order to remove certain lands 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 9th, 2017 (File #L17-0031). The application was deemed complete on July 18th, 2017. On July 26th, 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. 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. Hearing Examiner's Authority Early in the process for the previous Preliminary Plat application (L12-027) for Tukwila South that was reviewed in 2012-2013, the City determined that a minor conflict existed in the TMC regarding the decisionmaker for the proposed preliminary subdivision application. TMC 18.10.01(3) specifies that the Hearing Examiner is the hearing body for the preliminary 7 subdivision application; however, TMC 17.14.020 (D) states that the Planning Commission is the hearing body. TMC 18.10.010 (3) had previously specified that the Planning Commission would review preliminary subdivision applications. In 2010, the language was amended by the City Council to specify that the Hearing Examiner would serve as the hearing body. The City failed to make the same change in Title 17. In staff's opinion, the intent of the City Council is to have the Hearing Examiner act as the hearing body on any preliminary subdivision application. The applicant supports staffs interpretation of this conflict in the code. Applicable Criteria TMC 17.14.020 (D) states the following criteria, which the Hearing Examiner will use to reviewing an application for preliminary subdivision. 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 Tots are appropriate to the proposed use for which the Jots 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. STAFF'S ANALYSIS OF REVIEW CRITERIA Staff analysis of the applicable review criteria is discussed below. The applicant has also provided a response to the criteria included as Attachment H. Development Standards As discussed previously, the site area for the subdivision is zoned LDR, MUO, and TVS; however, the entire site is subject to the Tukwila South Overlay District (TSO) pursuant to Chapter 18.41 TMC. Given that the plat must comply with the relevant sections of the Zoning Code, a review of the development standards is warranted (TMC 17.14.020(D)(6)). As the TSO supersedes the underlying zoning of the subdivision area, staff reviewed the subdivision application for compliance with Chapter 18.41 TMC. The following table outlines the various sections of the TMC to determine if the proposed project complies with the applicable criteria. 8 Applicable Municipal Code Sections Project Complies Project Will Comply with Staff Conditions Tukwila South Overlay District Chapter 18.41 18.41.010 Purpose 1 18.41.020 Permitted Uses J. 18.41.090 Basic Development Standards Lot Area (no minimum in the ISO chapter) 1 Setbacks ./ Design and Improvement Standards for Subdivisions of Land — Chapter 17.20 17.20.010 Applicability ./ 17.20.020 Improvements, Supervision, Inspections and permits required I 17.20.030 (A)(1) Environmental Considerations ./ 17.20.030 (A)(2) Trees ./ 17.20.030 (B)(1) Buffer Between Uses Staff Note: While the project area is large, there are no incompatible uses adjacent to the subdivision area. The commercial uses to the north are compatible with the proposed uses in the subdivision area. The remaining project area is bounded by roads, the Green River, and/or large hillside. 1 17.20.030 (8)(2) Conformity with Existing Plans Staff Note: The preliminary subdivision is generally consistent with the approved Master Plan for the site and executed development agreement, with the exception of providing pedestrian circulation as required by both the Master Plan and the Development Agreement. 1 F 17.20.030 (8)(3) Other City Regulations Staff Note: The purpose of the preliminary subdivision is to implement the approved Master Plan, executed Development Agreement, and other approved land use decisions. The purpose of the subdivision is not to supersede these other approvals and agreements. • 1 17.20.030 (C) Streets: Extension 1 17.20.030 (C) Streets: Names Staff Note: At this time, the proposed private streets have not been given names. Staff believes that it is appropriate to defer naming the streets until closer to the actual construction of the streets. 1 17.20.030 (C)(3) Streets: Intersections f 17.20.030 (C)(4) Street: Layout 1 17.20.030 (C)(5) Streets: Private ./ 17 .20.030 (C) Streets: Public Roads ./ 17.20.030 (E) Blocks 1 17.20.030 (F) Lots 1 17.20.030 (G) Landscaping Staff Note: Plats of five or more lots are required to plant at least one tree in the front yard to create a uniform streetscape. This code language seems more appropriate for a residential plat, not a commercial subdivision. When a new building is proposed to be constructed the building will be subject to design review. As part of design review a landscaping plan, conforming to the City's landscaping regulations, will be required. Staff does not believe that it is appropriate to require tree planting at this time. ./ 17.20.030 (H) Street Signs ✓ 17.20.030 (J) Monumentation ✓ 9 Applicable Master Plan Principles Project is Consistent Project is Consistent with Staff Conditions Not Applicable for Preliminary Plat Principles of Master Plan for Tukwila South Principle #1: Long Term Vision i Staff Note: The applicant has chosen to move ahead with a large subdivision, which allows for a better coordination of development in the area in lieu of completing smaller plats. i Principle #2: Creating a Destination 1 Principle #3: Building Value Staff Note: Approval of the plat permits individual lots to be easily leased to future tenants. 1 Principle #4: Multi -Use 1 Principle #5: Increasing Density Over Time 1 Principle #6: Quality of Environment 1 Principle #7: Connections Pedestrian connections, as envisioned in the Master Plan, are not shown on the preliminary plat. The City's Development Agreement does specify that pedestrian connections will be in provided. The City has given Segale Properties until December 31, 2017 to have all pedestrian easements provided to the City (Attachment J). ./ Principle #8: Amenities 1 Principle #9: Implementation Strategy .1 Principle #10: Environmental Stewardship .1 Vehicular Traffic and Road Improvements The City of Tukwila issued a FEIS that analyzed the probable impacts resulting from development of the Master Plan. The FEIS included a Transportation Impact Analysis (TIA). As part of this TIA, it was assumed at full build out (10.3 million square feet of various uses) the project 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 Segale Properties: (1) dedicating land for the Southcenter Parkway Project, the main north -south corridor serving the Tukwila South Project area; (2) constructing the Orillia Road Connector when development generates 7500 net new trips; and (3) paying transportation impact fees. Southcenter Parkway provides connection to Interstate 405 to the north and future connection to the Interstate 5 (via 178th Street to the west). Southcenter Parkway was designed and constructed with a limited number of road stubs for future east -west connections to serve future development. A primary consideration in the lot layout for this preliminary plat was the connections to Southcenter Parkway. Specific designs to 11 accommodate vehicular circulation within each new lot will be determined during future Land Use Permit Processes for Site Plan review. The private streets will be designed according to City standards with 28 feet of paved roadway and a 40- foot easement. Access to future Tots will be provided via private streets / access tracts and existing public rights -of -way. Access points are shown on sheets ACC-1 and ACC-2. Segale Properties is proposing to construct two commercial private access roads. Private access roads are permitted under TMC 17.20.030(C)(5) if the following criteria are met: 1. Allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property. 2. Adequate and reasonable provisions are made for future maintenance and repair of the proposed private roads. 3. The proposed private access roads can accommodate full future development of the lots created. 4. For residential subdivisions, the proposed private access roads do not serve more than four lots nor are more than 200 feet in length. Those access roads 150 feet or greater in length shall have a turnaround built to Fire Department standards. 5. For commercial and industrial subdivisions, when private access roads are authorized, there shall be minimum easement width of 40 feet. With the exception of minimum easement widths, private access roads shall be designed and constructed in accordance with Public Works standards, and zoning setbacks shall be required as though the easement were public right of way. The City's Infrastructure Design and Construction Standards allow private streets for commercial and industrial facilities where no circulation continuity is necessary, provided the owner makes provisions for emergency access, maintenance, and an unconditional and irrevocable offer of dedication that may be accepted by the City Council at such time that the street should be made public. As part of the construction of the realigned Southcenter Parkway, the City of Tukwila installed full frontage improvements, which included curb, gutters, sidewalks, and street trees. TMC 17.20.030(C)(6)(d) requires that half street improvements be constructed on S. 204th Street. However, no nexus for this requirement can be found at this time so these improvements were not required. Modification to Development Standards Section 4.2.5.B.3 of the City's Infrastructure Design and Construction Standards states that more than one connection to the existing public street system shall be provided for any development, or part thereof, of four acres or more. The proposed plat is larger than four acres. The applicant has requested, and the Director of Public Works has approved, a waiver from this requirement. 12 Pedestrian Connectivity Pedestrian connectivity throughout the Tukwila South Project to future proposed lots will be provided via sidewalks within public rights -of -way and on private access roads. Additionally, internal pedestrian circulation systems will be provided within and between new development, redevelopment, and public sidewalks. (City of Tukwila Infrastructure Design and Construction Standards Section 4.0.11A.). TMC 17.14.020 (D)(1) requires, "[that] the proposed subdivision [be] in conformance with the Tukwila Comprehensive Plan and any other City adopted plans." As previously discussed, the City Council approved a Master Plan for the Tukwila South area. The Master Plan states that the development on the site will be "developed with pedestrian circulation in mind." Furthermore, the Master Plan states that a pedestrian/bicycle pathway along the Green River will be provided. A pedestrian circulation plan was not provided with this preliminary plat application. Pursuant to Section 4.5 of the Development Agreement, which is consistent with the Master Plan, the applicant is required to complete the following with regards to trails and open space in Tukwila South, including in the area covered under this subdivision: occur within 30 days of the effective date of the Development Agreement. This has yet to occur; • The City of Tukwila and Segale Properties LLC entered into a Trail Easement Agreement on June 29th, 2015 to grant an easement for a north -south bike and pedestrian trail system through the Tukwila South area (See Attachment K). 2. Submission of a plan for trails and bike/pedestrian connections within Tukwila South, including in subdivision area. The submission of this plan was to occur by December31, 2011. It has yet to occur; and • In a letter dated August 28, 2013 the City extended the deadline for providing easement and trail plan to the City. Additional extensions have been granted, with the most recent extension expiring on December 31st, 2017 (Attachment J). the Green River. • This obligation was removed through the third addendum to the Development Agreement approved by the Tukwila City Council on June 2, 2014. If the above three items are the submission of a plan for trail connections within Tukwila South is completed, the proposed plat will meet the requirements of TMC 17.14.20(D)(1) and the applicable sections of the Master Plan for Tukwila South. 13 Utilities Infrastructure The utility infrastructure necessary to serve development of the Tots proposed in the plat has already been constructed as part of the Southcenter Parkway project. Existing utilities include potable water, sanitary sewer, stormwater drainage, power, and gas. Sewer, water, storm sewer, power, gas, and communications systems are stubbed with appropriate capacity at all Southcenter Parkway intersections to serve multiple lots together with additional stubs to serve individual lots. The storm sewer system includes two regional detention facilities, one at the north end and one at the south end of the Tukwila South Project area. The South facility has been constructed and thc north facility is designed and will be completed undcr thc existing site grading permit Both facilities have been constructed. Sewer and water lines, with capacity to serve the proposed development, exists in S. 200th St, from Orillia Road to the new Southcenter Parkway. Utility easements will be provided along the front of lots 23-26 and 31- 33 for power, gas, stormwater and communications. Utility casements will also be granted to connect lots 29 and 30 to thc storm -;ewer, power, gas and communications system located in the Southee.+cr Parkway right of way and 5 200th St t right of way_ A water line, with capacity to serve adjacent development, is located in S. 184th Pl., from the City limits to the intersection of Southcenter Parkway and S. 184th St. Utility easements will be granted on lots adjacent to S.178th St. as required to extend sewer, storm sewer, power, gas and communications from the Southcenter Parkway systems to lots 1 and 2. Utility Providers The plat is served by Highline Water District (HLW) for potable water. The water infrastructure necessary to serve development of the lots proposed in the plat was designed by HLW to accommodate the Tukwila South Project at full build -out and has already been constructed as part of the Southcenter Parkway project and S 184th PI. project. Segale Properties and HLW entered into cost sharing agreements for this work and upgrades to off - site water systems to serve the Tukwila South Project. The plat is served by the City of Tukwila for sanitary sewer. The sewer infrastructure necessary to serve development of the lots proposed in the Preliminary Plat was designed by the City to accommodate the Tukwila South Project and has already been constructed as part of the Southcenter Parkway project. The plat includes two lots on the far south side that are geographically isolated from other lots by the wetland sensitive area tract. Given the topography in the area, it will be necessary to extend utilities through the buffer of the wetland. The extension of utilities through the wetland 10 buffer was not included in the SAMP, and, therefore, will need to be administratively reviewed and approved by the Director pursuant to TMC 18.45.070(8)(5). An application for a special permission to locate the utilities in the buffer was granted approval on January 14, 2014. The plat is served by Puget Sound Energy (PSE) for electrical power. The duct and vault power infrastructure necessary to serve development of the lots proposed in the plat was designed 14 by PSE to accommodate the Tukwila South Project at full build -out and has already been constructed by Segale Properties, per State regulated tariffs. The work was completed in conjunction with the Southcenter Parkway project. As specific development within the Tukwila South Project occurs, PSE will install circuits and equipment as required to provide power, following State regulated tariffs. In addition, PSE will make power system upgrades, including but not limited to transmission lines, feeder lines, and a substation, as necessary to supply power at full project build -out. The plat receives gas service from PSE, as well. The gas line infrastructure necessary to serve development of the lots proposed in the plat was designed by PSE to accommodate the Tukwila Project at full build -out and has already been constructed by PSE, per State regulated tariffs. The work was completed in conjunction with the Southcenter Parkway project. The plat is served by CenturyLink and Comcast for communications. The communications duct and vault infrastructure necessary to serve development of the lots proposed in the plat was designed by the individual providers to accommodate the Project at full build -out and has already been constructed by Segale Properties, per agreements with CenturyLink and Comcast. The work was completed in conjunction with the Southcenter Parkway project. Tukwila South Overlay District Design Manual The Project is subject to the Tukwila South Overlay District Design Manual, which provides the criteria and guidelines to address the four major types of land use categories: campus office, urban office, retail, and light industrial. Future applications for site plan development and building permits would be subject to these Design Guidelines. The guidelines in the design manual are applicable to site design and layout, including layout of structures, parking and driveways, but this Plat does not provide site layout. The Design Manual does identify and characterize four land use categories (Campus Office, Urban Office, Retail and Light Industrial) and, as shown on our Potential Future Land Use Map (Attachment G), the lots have been designed in a manner that allows the land uses to be consistent with the characterization set forth in the Design Manual. Shoreline Master Program The Tukwila South Project is consistent with the City's Shoreline Master Program and implements the City's goal of developing a riverfront trail system. The Tukwila South Project is within the Urban Conservancy Environment where a 125-foot setback is generally applicable. Segale Properties has received a shoreline substantial development permit and a shoreline grading permit that allows re -construction of portions of the Green River levee system consistent with the City's minimum levee profile and which allows for a reduction in the shoreline setback. Trail easements have yet to be provided to the City. The approved shoreline grading permit and shoreline substantial development permit allow construction of 15 the levee, the off -channel habitat area and grading in order to increase grades to the proposed elevations identified on the Plat. The Tukwila South Project is consistent with the goals and polices of the Shoreline Master Program; the construction of the off -channel habitat area, the levee-layback and improvements to Johnson Creek all promote vegetation conservation and enhancement, restore shoreline ecological functions and preserve water quality. Public Safety The proposed future development of Tukwila South will require the relocation of Fire Station #51, which is currently located on Andover Park East. As part of the Development Agreement, the City and Segale Properties LLC have made provisions for a future fire station site at the northwest corner of S. 180th Street and Southcenter Parkway. Property was dedicated to the City for the fire station site by Segale Properties under reco-ding number 20130227900005 and is not included as part of this preliminary plat application (See Third Addendum, Attachment D). Photo 2: Location of Future Fire Station Site at NW comer of S.180Street and Southcenter Parkway. 16 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", 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 Tots 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" 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 issues 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 of a complete land use application and the development agreement between the City of Tukwila and Segale Properties LLC. "Future Development Tracts" are 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. "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). "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 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 Tots 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. 20 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. All existing structures will meet setbacks for all new proposed lot lines. Phasing The applicant is choosing to record the plat in phases. A conceptual phasing plan showing a potential seventeen stage phase for the plat is included as Attachment F. Phasing is permitted under TMC 17 .14.040, with the City Council having sole discretion to permit phasing at the time of final plat. Phasing will likely be dictated by market conditions. The applicant maychoose not to pursue the plat in phases or may request that the City approve the plat in more or less than seventeen phases. COMMENTS DURING NOTICE OF APPLICATION PERIOD As required by TMC 18.104, the City provided a Notice of Application to property owners and tenants within 500 feet of the proposed plat area; to potentially impacted agencies; and posted on the project site. The following briefly summarizes the comments or inquires received by the City regarding the project. No written comments were received. • An email was received on July 28th, 2017 from Jennifer T. Henning, Planning Director for the City of Renton, requesting a copy of the application and plat map, with which they were provided. • An email was received on July 31st, 2017 from Audrey Watson of Levitz Tukwila, LCC requesting a copy of the application and plat map, with which they were provided. • An email was received on August 1st, 2017 from Tom Creegan, Capital Project Manager for King Count Solid Waste Division, requesting a copy of the application and plat map, with which he was provided. He asked for clarification on access to lot 39, and was told that access into a site would need to be provided for final plat, but is not strictly defined in terms of location at this point. • An email was received on August 1st, 2017 from Payson L. MacWilliam Jr. of Clarion Partners requesting a copy of the application and plat map, with which they were provided. • An email was received on August 7th, 2017 from Karen Walter of the Muckleshoot Indian Tribe Fishers Division Habitat Program requesting a copy of the application and plat map, with which they were provided. 20 CONCLUSIONS It is important to note that the timing of this preliminary subdivision application differs from most other plats. In most projects an applicant obtains preliminary plat approval prior to issuance of a grading permit or other construction related permits. Usually during a preliminary subdivision application, the City makes a determination regarding access, street alignment, assuring adequate provisions have been made for utilities, and that provisions have been made to address impacts associated with the subdivision. Yet, in this case, that work has already occurred through the approval of the Master Plan, execution of the Development Agreement, preparation of the FEIS; and approval of the SAMP. Thus, this preliminary subdivision application will allow for implementation of those approvals previously outlined. Additionally, approval had been given to a previous preliminary plat application. A revision to the previously approved plat application would have been submitted in place of a new preliminary plat application, but due to the City of Tukwila having no process for revising an existing approved preliminary plat, a new application was submitted. 1. The proposed preliminary subdivision is consistent with the City's Comprehensive Plan, Zoning Code Shoreline Master Program, adopted Master Plan for Tukwila South, Sensitive Area Master Plan, and Final Environmental Impact Statement. 2. The proposed plat is generally consistent with the Development Agreement between the City of Tukwila and Segale Properties LLC. Many of the issues, such as access, traffic impact, pedestrian circulation, open space and other development items, which normally would be addressed as part of this preliminary plat, were addressed as part of the Development Agreement. This subdivision does not in any way supersede, amend, or alter any conditions or obligations set forth in the other approvals or agreements to which Segale Properties is either a party or applicant. 3. The Development Agreement, which this subdivision assists in implementing, makes appropriate provisions for roads and utilities. These roads, including the private access roads, and utilities will need to be constructed in order to serve the proposed Tots in the plat. 4. The proposed lots have a design, shape, and orientation that is appropriate forthe range of uses permitted in the Tukwila South Overlay District. 5. The use of private streets in the proposed development is appropriate, provided the design and required documentation complies with the City's Infrastructure Design and Construction Standards. 6. The City's Public Works Director has agreed to waive the requirement of the City's Infrastructure Design and Construction Standard Section 4.2.5.B.3 regarding the number of connections to an existing public street. 7. The proposed subdivision complies with RCW 58.17 regarding the division of land. As required, notification was provided to the Washington State Department of Transportation and the Secretary of Transportation did not provide any comments to the City. 8. Pursuant to the section 6.1 of the Development Agreement, no additional SEPA review is necessary for implementing approvals, including plats, provided that the implementing 20 approval does not materially exceed the project envelope. The proposed uses, trip generation and gross floor area of development is within the range of development analyzed by the SEPA documents; therefore, this preliminary plat application does not exceed the project envelope. 9. As part of the FEIS, the City completed a detailed Traffic Impact Analysis, which outlined that at full build -out the project would generate 10,144 net new PM peak hour trips. The plat does not add additional trips above what was concluded would be generated in the Traffic Impact Analysis. Additional traffic impact analysis is not needed to approve the plat. 10. The plat, as proposed, does not make adequate provisions for pedestrian and bicycle circulation as specified in the adopted Master Plan for Tukwila South (Principle #7), which the plat is located within. TMC 17.14.020(D)(1) requires that the plat be in conformance, "with ... adopted city plans." If the terms of the Development Agreement, regarding pedestrian and bicycle circulation are met, compliance with TMC 17.14.020(D)(1) will be achieved. The City, through the Development Agreement, has granted Segale Properties LLC additional time to comply with section 4.5 of the Development Agreement. The current extension for compliance is set to expire on December 31st, 2017. 11. The preliminary plat is consistent with Principle #1 of the Master Plan which calls for development to occur in a cohesive manner; instead of an ad -hoc basis. The applicant is proposing to complete a large plat in lieu of completing smaller plats. 12. The preliminary plat is consistent with Principle #2 of the Master Plan, which calls for development decisions to be weighed by their ability to maximize the site's potentialto create value. By completing a plat it allows for individual lots to easily be leased to future tenants. 13. The applicant is currently in the process of completing all mitigation workapproved under the SAMP. 14. As conditioned below, the project is not detrimental to the public health, safetyand general welfare. STAFF RECOMMENDATION Staff recommends approval of the preliminary subdivision (plat) with 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 HearingExaminer. 3. The applicant or subsequent owner(s) shall comply with the paymentof transportation 20 impact fees in accordance with TMC Chapter9. 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 Tots of the plat. 5. In order to meet the requirements of TMC 17.14.020 (D)(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 donate ef- pedestrian/bike trail and levee evsements, and construction of the Green River Pedestrian Bridge. 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 4.2.5.6.3 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 pavementthickness. 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 4.1.B 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 platdocuments. 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 bodyof the preliminary approval may approve one extension not to exceed one year or as amended within TMC Title 17. 20 Aetachment A CITY OF TUKWiLA FILE NO. NB 1i flf SAT2 PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF Tl/KWILA, KING COUNTY, WASHINGTON. SAT2 1 F I AND ., (__„- ..,J/. "`"•.-•-., D.O.T. HC I7-7 1 I \ / "--1 i DEC, 2005 �"--- r I 1-\�4'-'•• `- 0 / U%` .A - I"------ -.� l S - ")�"-I FOUND BRASS A/ON.1 1 /,02�-+..,•�F;� � $�-.. .xi76"'_- _�_ ~ OEC.F2005HC 17'''B I=r SITE DATA 077204-9008 022204- 9011 022204 -9015 022204-9033 022204.9037 022204-9040 021204-9043 022204-9057 022204-9061 023900. 0352 262304-9065 C32204.9006 032204-9047 032204-9052 032204-9090 032204 -9092 032204-9093 032204-9100 1 CITY OFSAATAC 152304-9009 352304-9050 352304-9013 352304-9051 351304-9015 352304-9065 352304-9016 352304-9066 352304-9017 352304-9068 352304-9025 352304-9078 352304-9027 352304-909(1 352304-9034 352304-9116 352304-9036 352304• 9117 352304-9038 352304-9118 352304-9041 351304-9045 352304-9049 STE AREA. 328.92 ACRES t/- 42 LOTS - TOTAL AREA. 236.84 ACRES 4/- 2 PRIVATE ROAD TRACTS . TOTAL AREA 1.93 ACRES 1 NON BUADARLE TRACT 01811) • TOTAL AREA 0.93 ACRES 2 REOONAL DETENTION 010I) TRACTS = TOTAL AREA: 1842 ACRES 5 2N9R5'E AREA TRACTS (SAT{) = T01µ AREA. 6732 ACRES 2 OPEN ".,PACE TRACTS - TOTAL AREA: 3.48 ACRES 4/- A1ERA0E LOT SIZE - 564 ACRES ADJOINING PARCELS 022204-9036 ( 115101118 HISTORICAL SOCIETY ) 022204-9106 ( PU(XT SOUND ENERGY ) 032204-9049 ( DRAINAGE DISTRICT 2 OF KING C0UN1Y ) 032204-9062 (SEGA E PROPERTIES LLC ) 262304-9067 CLPE TUKWILA LP ) 262304-9096 CASTELLO LAND CO. ) 262304-9136 CLPF TUKW1tA IP ) 352304-9008 CITY OF 1UKWLA ) 152304-9012 SEGALE PROPERDES LLC ) 152304-9014 Ow TUKWILA REALTY LLC 352304-9031 GTE MANAGEMENT SERv10ES INC. ) 352304-9033 SEGALE PROPERTIES LLC ) 352304-9037 KING COUNTY 5000 WASTE 352304-9039 En NEN 0910NNU MANH THE ) 352304-9040 017 OF 1UKYALA ) 352304-9081 Owl 1UKYALA REALTY LLC ) 352304-9082 M & P COMPANY ) 352304-9087 I LEW1Z TUKWILA LLC ) 352304-9088 1ENT2 1U(W1LA LLC ) 352304-9107 ANDCYER PROPERTY MANAGEMENT ) 352304-9109 SEGALE PROPERTIES TIC ) 352304-9112 ( UT INDUSTRIAL LTD PARTNERSHIP ) 352304-9119 352304-9115 (( SEGALE PROPERTIES LLC ) U1 INDUSTRIALL10. PARTNERSHIP ) 352304-9124 ( SEGA1i PROPERTIES LLC ) 1E ]'S5' WW 11- \ 2649.207 GENERAL NOTES --rim APPLICANT OWNER WATER SUPPLY. SEWAGE: OTT OF TUKWILA GAS COMPANY: PUCCI SOUND ENERGY P0W'ER COMPANY- PUGET SOUND ENERGY PROPOSED USES: SEOA1E PROPERTIES LLC PO, BOX 88028 TOKWTLA, WA 98138 SEGAL( PROPERTIES TLC P.O. 80X 88028 TUKWILA. WA 98138 AREA ZGm9G: 0447ERLYYF• 204116) !HOTLINE WATER DISTRICT OFFICE CAMPUS RUNT. MULTI-FAMAY RESNENOAL LIGHT INDUSTRIAL TUKWILA 50UM OVERLAY NI HEAY7 INCUS7A14L n5 RA MA Min SOU/N TUN L08 Kw, 1Asco10AL MUO MID u7l a1MK TOTAL BOLDING AREA. 10.300,000 50, FT, TRIP CUUNG: 11 DEVELOPMENT WITHIN D85 PLAT IS UNITED TO NEW DEVELOPMENT GENERATING NOT MORE THAN 10,166 NET NEW PEAK HOUR TRIPS. SETBACKS FRONT - ADJACENT TO A 15 FEET' PUBLIC STREET SECOND FRONT - ADJACENT 15 FEET' TO A PUBLIC STREET 90E5: REAR. NONE.; INCREASED TO ID FEET IF ADJACENT TO RE00EN1141 USE OR NON-T50 ZONED PROPERTY NONE'; INCREASED 10 10 FEET IF ADJACENT 10 RESIDENTIAL USE 0R NON-150 ZONED PROPERTY HECHT 125 FEET • SUBJECT TO MODIFICATION 10 MEET FIRE DEPARNENT REOUIREMENIS SEE ANY CORPS OF ENONEERS RESTRICTIVE COVENANT FCR NO FURTHER FILL TO CERTNN AREAS OF THIS PLAT MN 20110603000425 ( LEGEND FOlNO NONUMFJJT, AS NOTED CALCULATED MONUMENT O FOUND PROPERTY CORNER. A5 NOTED O SANITARY SEXIER MARNOLE • BOLLARD CD STORM MANHOLE O CATCH BASIN W WATER METER Zt FIRE HYDRANT 1:74 WAXER VALVE O UTIUIY JUNCTION 80K P UGHT STANDARD • UOUTY POLE 07 TELEPHONE RISER x'£-O STREET UGH1 WHEEL CHAIR RAMP Q BORE HOLE -.- FIRE HYDRANT , 44. SPOT ELEVATION -•- FENCE UNE AS NOTED - a. - OVERHEAD (MUTT UNE - • - UNDERGROUN0 WATER LINE --•—UNOERGR0UNO UDU1Y UNE - a - UNDERGROUND SANITARY SEWER UNE - n - UNDERGROUND STORM LINE —4— UNDERGROUND GAS UNE PLAT BOUNDARY DENOTES CENTURY UNK EASEMENT ,:."TVA AF.N 20141002000498 L"' DENOTES PEDESTRIAN TRAIL EASEMENT A.1,91 20150716000578 1 DENOTES RIVER PROTECDCN EASEMENT `' 0.11.9 20150616000300 Kod DENOTES COMCAST EASEMENT AFN 20E41121001572 i BASIS OF BEARINGS NORTH AMERCAN DATUM 1983/11 ADJJSMENT, 8ASHNCTON STATE PLANE NORM ZONE N010U40 WSDO.T. MONUMENT 1.0 ITC 17-7' A 3' BRASS DISK IN THE NORM 90EWA1K S. 178M ST ORIDGE. 0 -5 iMETHODS AND EQUIPMENT SURVET WA5 PERFORMED VAN A PIPER CPS UNIT AND 5' ELECTRON/0 TOTµ 51AR0N, USNG TRAVERSE AN0 RA0AI 5T1R1EY 9EM00S SURVEY MEETS CR EXCEEDS ACCURACY RECIARENENTS '• CONTAINED IN W.A.C. 332.130090 CITY, OF KENT ,. �(� f ,,-.,< .OPEN H SAT � 1421,64' 0LO.) 1441.48' CALL. 0039'12' SURVEY REFERENCES KING COUNTY SIRVCY N0. 35-23-4-12 S. 178M 5T. FREEWAY EAST TO TUKWILA OTT 6/6/56 KING COUNTY SURVEY NO 3-22-4-11 ORILUA ROAD - S. 212M ST. N0 DATE FOUND N07 A PART P'4 WA STATE HIGHWAY COMMISSION R101T-OF-WAY PLAT S.R 5, 5. 18801 STREET INIENCNANGE, 4/12/66 WA. STATE HIGHWAY COMMISSION RICHT-OF-WAY PLAT S.R. 5. JCT S.SH 5A TO 5, 178TH 51, 03/24/59 RECORD OF SURVEY UNDER RECORDING NO. 20111109900001 RECORD OF SURVEY UNDER RECORDING N0 2009111290 001 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 RECCRO 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 N0. 8212079001 RECORD OF 91RVEY UNDER RECORDING N0. 8206019001 RECORD Of SURVEY UNDER RECORDING NO 8103109004 31 34 30 9 I 1 \� SHEETI INDEX \> SHEET 1: COVER SHEET SHEET 2: PLAT - NORTHERN MOST AREA SHEET Y. PLAT NORTHERN MID -AREA SHEET 4: PLAT - MIDDLE AREA SHEET 5: PLAT - SOUTHERN MIT -AREA SHEET 6: PLAT - SOUTHWEST CORNER SHEET 7: PLAT - SOUTHEAST CORNER SHEET 8: PLAT - L01 7 SHEET 9: uGµ 0E0CR10910N5 SHEET 10: LEGAL 0ESCRIPDONS SHEET II LEDµ DESCRIPTIONS SHEET 12• LEGAL DESCRIPTIONS SHEET 13: GRAPHIC SCALE ( IN FEET) 1 Inch = 400 ,1. 1--. OPEN SPACE LTRACT 2 N 00-30'37- W GRAPHIC SCALE (U S FEET 2900 0 law 2070 1 inch 4. 2000 ft. VICINITY MAP 2651.38' CITY OF KENT I— K/NN, COUNTY GENERAL NOTES / SECTION SUBOLNSICN DATA SURVEYOR'S CERTIFICATE I, JAY D BABCOCK, REOSIERED AS A TARO SURIEYOR DY THE STATE OF WASHING',GN, CER1FI MAT 1165 PRELIMINARY PLAT IS BASED ON AN ACTUAL SURVEY OF ME LAND DESOR4BEO H0EVI. CONDUCTED 8Y ME OR UNDER NY MELT SUPERVISION. THAT FHE INSTANCES, COURSES AND ANGLES ARE 01*OWN HEREON CORRECTLY 05/30/17 7* 10 a VA W WICL a. 2 F�4� 2 CC .:J.8./P.S.I. Mh10 AJ B. A- AS -NOTED m.rt: 05/30/17 26 351 �Il !-- 628.90 W.56Or..._'r 525' PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., COY OF TUKWILA, KING COUNTY, WASHINGTON. r` / N. / N 24 5 871217. E 413/ Itl i 'ROWS = 71'199.76' j(BBNN2 9 = 270 4' � r PS[ E44r, 41%14. 0610130472 4E9A. CCANWW"40011 • PA[ [SW P01 NEC NO. 9606040105 1441 maims 45 (CRESS E9A1 PER RFC 110. /M10.19.65 08 800 0 E211 it PEA AEC N0. 92]35.16 - " 231 57'' - r 'rt.. '4. \' �yy t -_ _5 87'42'I7" [ t. 950 4 NI Y32'tl1"E i � %ti -•` ' ' - - .,.. _ _. 8}t.3i' .�.... _-.• _._. � - 36.84 � GEL TA +: 34'13'IJ' — m45� "° RADIUS 429.78' 4 - ��� t/= LENGM 260.30' 41s �'��{t� ESM6. A.F.N. 668014/ i ; I j EXCEP770N PARCEL •r t I , PER ?6J989 A BOUNDARY nV/ /> I W I.1w‘t—'14 '4DcliNcANL°'ucTATH:715:237949:E57:845T12 *8 - 9 7 ut^o ,-.1". �- ! x P.31 5 8 2'56 9' E 25.25'--- 12495 6--s-.6 45.32 7s y lq 5� 8`67.629• £ St�s.62' _ _ 253.3p- _ �A -! N 874217" W ( f A 0.45 E9H t17t40a14000271 \, 4' ' 4 �'J? Jam• ss \� I\��`yQ.�•''6 )Y4ij` R0.i A�6a50'J2" lsO � '.J3,. ,� '?,�'d � 60 4^ ♦ � b�A�,,, y '±, � f •�' N 59'I7• E 1 NO •� `� �'ry ,,S �t7 t a ,11 1 \ 1 l t11351 ](H.fiYlO } � f{'tt /,l t{_ it 1{ q~f 1 t1 / \ \ ,% I 1 1I `\ `\ 1 lu 4 ..ii . ,ir _ 1.82v4,:e '------ o¢ra '' fOtiir' LIAO, . 9a 7tlJpJ f S 7d I :'''' 4 33 97.z9�= 83'4i, 0 NEW PARCEL A" /UKiNLA 8L A 132.7T' Na L16-0070 PER REC. N0. 20170605900032 A' KtUtt)rf MIT Daft + 797043" ay 3573042013 736. 44' - VACA1U7 S. 17677I SE. 570011 POND E5f4r A6.N. 2014112100f570 DELTA = 0213044" NAO5JS y 95850' LENGTH = 33,66' >. S 2,37.40 GRAPHIC SCALE l IS POET t� inch * 100 fE R1-18tIC ROAD 05/30/17 TS lig irna a. 111 LLI CC 01740670 64- nimmin AS -HOMO MEET 7 OF 13 1,110.ECT NO 241 IQ'...W:S'0.0 T. 141.3354 GRAPHIC SCALE < t n ( KO t 1 1i rI - 'r r/ r 1 1 ' 1 1 1 1 1 � 11 P.S.E. ES1MT A.P.N. 3729006 COY WIRE ESUT A.F.N. S690276 ( IN FLET 1 1 mch • 100 IL 5 8r26'01' E PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. ' 'fC 211/" •i l ao42 . ▪ t /!i bhp ♦. / l2 qva "1 CY z� u - �$� . tl Im hB♦♦. ^y d7 R.O.s. z00706189U0007 PAL W4ti L99l. \MELO LINE PER R.U.S. 2009 _ 100.70' 1,N89'S9'48' w1 142 74 ei J S 8959'48' E 30383' _i 082590CU06 +6<'30,3 4i.. 66�J' 7^^iT/.5750'j���fi.n v3S7 MOOS ::::741f8 ;) $I CD IU , �D 1 //, Oo / I ,ors :IN) 1 / CEN6 5 w l0.7°81 1 , / t. z5089' / I55213•3,15 (/ / I I 71 / 1 /7 # l 1 1'1q2 )2 i 1 CD 1 1/ - m—I 1 1 HIV 1 ' r'§ 1 r( .m.4•515.15' :.1 152,0,10, . N464 06 +. I/� 1LN004 • 0209' .7yN V OELI41 • 0705'04' ! 0A90S • %7.00' 1 1FA001. 4535' / I ®aUA16475` . /: Woe' i 0.5400' .9 I O%LTAI • 592556' RANDS •0 3 I 1E1/01 . 12.19' 7 1 1 / 0 nAT'7n 11 _—iCI u 4iUC iL1f614 y6LTA .5871'.9' RAp4 . 721I07' 6ENGn4 • /3342' SEE SHEET 2 FOR CONTINUATION a •21y 174 v0'ft ZIBv`35a]049GiS � W • y'i• 11 4TT5Y, 47 2 '�`AO All=i/ /lr.... . w ,artcAa ;qr 15' NIDE STORM DRAM ESUT. A.FN. 20141121001570 35230.9D34 DELTA = 0325•Et0• RAi435 = 928.56' LENGLM = 5716" F' 26' IOW R4P05L0 . LOAMY ;SW r b, ?'bs/ 7 / 0 2TJ / /u d v / -#=♦yS, / yr.( 6.2S' 85110'00' ! // RADIUS - 20.00' / / \♦♦ LENGTH n 29.6'7 WATERLINE ESUT PER REG.,NO 20130226601726 DELTA 7/2;10't8 RAOY1Sf P58.50' yp LENG641046013• .`♦ _,l / 1 / / e �,. w i / I 5�41(�V .884 �OS'E 58750't!'E -103 7E1-- 82 2971 ..yy F4 1 / .,. 4• z58�. / [1 ,/ , \ .1523049r,i5 15217,491/5 Dam . 115022' NA005 • Fj6GO' i2NGR. • 1N.21' ]51!U49036 .15J.Si.43i 1A DELTA 26'39'57' %RA0105 = 7.047.50' I LENGTH = 484.72' 4 1 / IJ I/ mookott / P ACC, 90 7417X03511 �f JI I 2, OQ7A . 1142'3;' / RAMS . 11M120' / 10NGIN • 12749' I I 4./ 1 P/ I r I / SEE SHEET18 FOR CONTINUATION P I t4' a 7R4A Mg FS I AIR 20150n4000911 PRELIMINARY PLAT TUKWILA SOUTH ww N7'AR /PS7. 22260 nA8 Tc'M' AS-N0TE0 b..G • MEET 3 OF IF rnortxT6n P.S.E- ES4 r, PER REC. N0. 7.03280654 GRAPHIC 50 i00 SCALE ( 4i FEE i_ l lNch - 200 It PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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 3 FOR CONINUAT)QN 13 rpoo3 SAT2 '555413 Y y .ao \ f'i .55� J CP.C45.1 rApji(S Mt p 1 s 6 . �` $ FN. 20130715001.35 —""� 1 tN •S� \ �k ss U DUTY ESAT. P£R WATER LRNE ES4 T. PER .. REC Na 95!I220918 ; `REC. NMS. 8001080482 M10 6002080467 DELTA . 23'49`45' 1 • • RADIUS • 315.00' 1 LENGTH - 13T.01' i I� s 625 scE 672086 i9 9 QS 67'42'05: . It75,00 f 4s1 l 4. 11 1:.l6 _. 3 1 l4.:8� 1 v' / / (6h.itf 2 1 '•y , rNppg- I U /;v2 \ � W 57 ,1'b • /moo -'S1 F/ t,:' A/, �, �.3 f, A, ,, /S^_7 ,;.TOGS., E ▪ 71 Iv '• ! �dm•1� ��•,-�-- S 87'�fi j8' E 1 r----34rGi•- __`J >ff DELTA :0117'07' RAMS - 706.00' LENGTH - 15.M'` q08 DELTA .• 04'30'28' RADUJS - 700.00' LENGTH = 5507' 02220490Ov0 5.5 E. ES6i, AFX 20150156: 2.r m � 1 bIv t4 / "4235.0005 N66'41'24 E - 51' Ni2`.21.4O 8.77' 02270.904J OF (3uE iER . 6 SAl2.i A, 144 N83 Y110h es/ 352504)597 HELD REC4R0 tY SURVEY RECORDED UNDER REC NO. 20090825900006 15230.10,5 O091 E9rd RA NEC PC 20!H 4686 35231-..3c.•50 13 352.300095 1 N72^.'lil„ OCLIA • i10429' RAMS • 5760M' LOOM • 1460• M NUN • 271,'sr RAMS • 79 50' U NLM • t. M' O MA • Ine'4S RADAR a .950' IiNOM • 1064 ODIVA • 195Y2.• RADNR • 15000 lEKM . 9656' DD.iA • 17175T 30D1R IEMGM . 6.OS' S DQTA • 0.0•57' •4.0a5 • 05.'A' '� 1pOOL• 569T V DE JA •'16.4TD4' RADAR • .950' SKIN • 3356' OE 16 MOE%IDE 110.0 E90 15 9'0( I004. Mt CO i N. 20,50006000STO r 1 li YOE 014, ESui PE• 4FN 2tN5n!VJDD7T6 �y ryi 5)ZDr \'l 1 DEL TA 42'56'03 RADN/5 .\4LN/00 LEN41H - 299.74. ��. � mrr�3'4 DMA • 637R00 RME6 • MSC 12900. • I.J.Qr 72220.904n 0,2049," DELIA • 2910'21' • RFLNti5 : 3A080' 0 35250097*, ,1, ,40744 llf!!1 24 l9 F001 .NE 7109 E91i a 2015071E039579•,- 1l� 694 UK (L 1../- DELTA l478'49'J'`� RAMN3S A 60000' \ t104714 . 14819' ti = n' *DE !tw. Egg 400. 20,50740O0619 191f'll 9ROi0DR1 E9.r 4 r.N 201501160001OD 123' 44294.5E SE r 4Aop �45z7 I \q• =RX• r,1,79�•,�� 681.63 2 PRELIMINARY PLAT VA W Wit Iji!6 _ o __ d a5 N c N 1 '� Lr. s E o • C r:r a45 *nJ.B SC..[. 05-951ED 6.,E BEET 4 op 13 GRAPHIC SCALE ` no i C' t\rNmu1y.' 1 Inc . 100'IE / / j / (/ / 4..•..►..Z4B5Y 1�- /�' / 'Psi \k'•// I — 771619 E 1 //' -I .a„, /\ / h a / �'19j ...CP 3 i / s, S, g' \ , s'b 7 `. ✓ / / /f r•/a�'a' 1560.52i \ \\'. G, /, p / / ? F ._ PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. 09 71 / ! / s/ / " max j NAY' 3'' / a'r off/ !' S/ / ry ls. /� /) / ,/q,•7 / . EGA . 105517 RAMS • F<72 AO LENC1N . 2710A 7A . 045577• RA07J5 a 1,01100 11N01N . 19421E 575 a0' / s//\ fi"Ps/ /,s/ 2' �/g / . s f b J /e:� / / /f��, / {/ ,3 QS /'/•,3/s l e f49;, // 4O , 'a 7 / /ten' /y 4. .yff O L� �g� 3yR7• C3729Asoor, DELTA . 105572- R+p95 a 7.33040E 1ENG7N . 28500E 33415' S 607124' E 68073' 81'7532. E 377.71' C/J VI 4VE MT? ES"7 s I / 'r9'S>•'g' 7 ,Ia, 7 1 I f .P I t 12j 1 0, i DELTA . 0075'27- ▪ 1,, RADIOS = 2041.50 4-, LEN0111 • 15. 77' 0t�.TA . 0245'47' 7 RA0N)S = 2041.50' LE 4GJH • 96 ,f r "4 � �,� , Q�� p ' ti1jj =4 � pR,/,�. / /Q` n I4 .f 1. ''i,»y4cl. I (tVa i31n1 s 7�' �zfiaE i r 57642'.`,...?91,92`3-0/¢.E IlJ k ��477 m'�a45 DEC 7.4 . 06D8'58- R'ADn35 2041,50' W LENGTH . 27792E C/J 70' 8421 PRONE= WANT [917- A" P l#D 73 iq I ONT1NJATION • A• �_ _ DELTA .. Or52'34' rtA°! • n.0558 IENCOIH . t958.50 64.73E N66'41'24'E '� 30.51' • 755'.6+3'144 ,2221,43458 N12.51.40.4 8.77. • • � . •`1� ary ;7zrA r / 77 sav NONAGE[ RIVER LE"EE E5A47 A.FN 910905217 F:20/40.43 Rnt1A Ia01E000t4 [7[t a1R NEC N0. 78750515ACAS00 t9 ",'[ Taut E917. 11109 AEC 00 2013[171807A579 125' 7'09HAR 3E7 BACA EEL TA = 6610'56' RAMS . 720.00' LENGTH = 7759' lR ) 74AN191[7A7N ✓ NE 7707 A.7N 70130317008588 r 7975 IST ENV AEA. 297SN08TL.CiA24 SEE SHEET 4 FOR CONTINUATION 44u'40.9 SHEET 7 FOR CONTINUATION DELTA = 32'34 34' RADIO • 250.00E LENGTH • 142.14E AnOt MAMMA E711 ATC NA 9197821 X i' I 1 tigti V 9• 4 • i DE1.. 7A = 1273`52'' RADIUS = act) co', 1�. LENG7H • 773.70E oisaag MEET 5 OF 13 GRAPHIC SCALE IMF 4011 / I I / 1 / 1 / / (IN PEET3! 323 53' S 69'46'09' rorAL OJRvi DELTA = 35'3923 RADIUS = 1187 92' LENGTH = 739.27' PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. / /Ery / 1/ 60 33 10100, . 425.74' 7 021a (0:)Si 27 EEC VIVO ES" a ,717'47• RAMS . 4000 FL tow.. 9542. 1 42• , r; N E7' 03 /71 \N 4 'RAOWS - l787692' F' q ` �' 7 4`f L29p04 - 258.04' y>> �. I 11�^ '7/wit 3Ns • I/��i � 5 DELTA >: 477B'I4' rQ • �� / m . 1__ _/ 9 • RAMS . 7145.92' Q / (b/ r ° 'O7 (J' `r• F` f '1� O LENGTH 949.4 v ; / / f 1"58t'u•T8C S 2yti.Z./' N13 /OELCA =71604'20' RADN)5 . 118792' / LENGTH - 333244 / 4 R` j 7��-23' cc may ene.tk 11.14 N 8870'42. E 37590' 315.57' M1EW PARCEL'A• 0f 81.8 NO L16-0075 PER 0EC. NO 20170501900005 F� N35SY2S 5 44 `g 4r _• 4r � _ S W Q 0122049'J0 42 x 40' ACCESS ESL' SEE NOR 1.46 TO NEC unin Es11 SEE SHEET 5 FOR CONTINUATION 8 BY Ap / / �1 N I(_ / ' O% s n l'� / 10 ✓ 11t, E11 I•I 11 I 5 6920'35' E i 59612' (lit NI 1 1 I 11 1 i I aX§ 1 i� / nm 3 �sy / `f� x 1 2+ N i Z Y J ` 1 I i S 8970'.15" E Ee,,14' i $ 't 1.UJA s b979')5' :EE 1D1 if 5 p2a'35' t t2 Hq ~�4J S'2 " t OHNSON CREEKfEYA/ / 1 ��456aN777S24 30ER250N [.REEKfEY4 1:R00D2oNE /LI ag9ZJ2T'rr 700TR.ROODZONE NOSE / 4 ,� / y4' / SEE NOSE 14 �� t I �•' / / $ �% .9 =�" / I j ( o z. / " ` 445 FORME 10 5. 20429 Si 5 (µ0A471D ' h Ai 1`i:f• w11 COROta SLRiKr 8�4NLA'fi CNCNEER7E0 , 1 `+ I 1 4 �ti ti, - RADLs . aa9' / 1 DELTA = 8850'16- 48 N'y • tr�i 4 L01OfN . 14j39' RADNUS 714 DG' 10HNSCEi tR£EK fEEIA �. 11 _ / 1 WSOOI • t9226" 7SEE NRG7E 000 ZONE ' / y1 • i 5 B9DT4d' E �� I 6ELLA • vbY E iNL 9760%� bO-3y •E Nd5'3922 E WAX C4R1E ._-� _-_� S 89'46'09�W_..- 707 .(LID.-_-____-�� 51 0 ,9` d} �`. 89U1'39' ENdO'3803 I 31 anu . 9321'as• �__--_-_ 7 puma' 7RACC PER KEG CO. COURT CAUSE N0. 17302 f - sD7 60].BS' ELKO. • es XX' / _ o d9 6 169 S. 2041 -1 ST. 1640.07' I+YJc ^ _ 1639 dE • ' -` / F + 790 16 TALC. _ �_ ; \ 790T78 R,65/ I •! 'fig `'50B+609 W i 1 $gr SOULH (7NE 44 NE 1/4• I 04 t 5E. 1p SE6 3 ig } 6y k I n' rum two Y1&a 1 r' T 0}-o L0127.23' `��" I86 7T' -71-7 1 ...�31.2�L_,--... - 277.88' T-'�� r-' 'T -lug ?LENC?tt - 178.99'"_ _ -- LENGTH-=-290.02'= -_ 1 422 30 (1024 4 43,Rr R.at 2rE1uaN2xwlai i RE 7W2 d0: I T.. 1 5 8953'SO' W azzel cuc �. ��TH ST R-(OOOGO' _ L` 7�5° 26.47' CA(C J209' 2991' EXISTING PU8L1C RHIt E-Of-WAY i _ M 32.09• L. 57877• N gySy'.�' E __ -- - - --r - - S 8953'S0' W 2649,02' 29.9!• r-rEY--�'{�g 895350 E. 55700' 1...2.8E2.121..... __z,. .. 1._-..- fit6.97 .. v .te:ass-� 54505 --.. ^- �,.�J _ _224 A9'-p,1 e ^ 77.76' _+r .. 280.31 k� / �/' E-Fs ROC Fip:t n,® soapy __ l ! v E. U!UtT f W f t /Vfs' nprrMp 5E!<W S OIY/N' E•A.l $A rot 91un C9rt jrt1fi W49' x a0' CSrEr5s 07 �/ 1 / / „ • - 1s• SEC KOrE' 5 ---- / 0EL4 • W4Z'4Y DELTA . 7858'22' i4' 10 V , % 1 • / RAOVS • 445A00 511510r R ^ AV.E 1EN920 . 15.10' 2SN' i / LENGTH = 153.52' , , / / 04 N 1 11 0.5 65 1 1 S // 0O' E Q. ACR55 ESLr en / 0)2:G4"wI III - / 0, 5[E 802/5 t N //tip / 057 Nu 5. 52 - v 1.. /4/ ' DELTA . 75'34.28- RADIUS = 92 50' LENGTH = 122.0i' NEN P4RCEL "8' OF 8 L♦ NO 06-0075 PER REC 2(0. 20;70501900005 n)22t1.9291 / / 5d98. 5d`E 7 / !E'6.59' C / f � / CJ1 '222v491115 CO CO 1P2,45•54 tn STORM 9NN4EE f024279 N ESLr xN, 20u05)0000445�.Y 15 /Exit TALI NEON A (ENCA; • 4864 RAMS Oft TA • 499009' 14045 • 54.30 EE14C01 • 1541' RAat05 - 3E00• ,ALtK eL. Mix 11WRi.3212 O 21* 119019 O[.94 . Sa 50' ▪ �, R Y 311 0 05/30/17 PRELIMINARY PLAT a uc.0 n3.8 ><� AS-601E0 CAR "EU 8 OF 13 ERO.N' 1 Kt `W W :@911 ORAP,AGE 435v7Y SN7 Arm. 201,0530(00e23 MO ts N ENV R78ACA i •+' 4— OFJSt _ 0227'35* t=„moo, '000.00' 578 77' N 895SN . 557.00 588.28' _..-_ ,� ._._ �y'• Lam_ s vole. t % DEEM. OOY78r J 5311r 7INGR. Rda15 = 695600 70'35' E 8.72' 212.49s.5 .als' r35"E 73791' 5 031136' R cam - .r38'2,' RAMS • 3100' LENCM . 32 43' 0E17A • 50130'3,' RA2U5 . 3, 50• t0RC151 • 46a' Dar. - 9090'001 RAMS•5.55 LENCR, JONNSON CREEK 1EYA 100 SR 01000 ZONE SEE NOT ! 4 -•� vE r SEE SHEET 5 FOR CONTINUATION 9W • OEL7A - 47.3917' R4015 • 3900' LERCO+ . 32.13' oar. . u•,6'06' RApVS • 54.50' LE K,. ..258' UM* N59f. 1ER RG A0 257 0RMb-0 2 Ay a! S25'4133'£ 27 56 o w\ 3.11t��J 19Po •9 E TO rat CURVE DELTA - 02551501 RADIOS = 6958 00' 0ENGin = 3558a' G 27 0_ , RADIUS = 7041 E5 ENS EE(NGGlfl.- 71668 _ _. _ G. ,.• ,-".1r.1 SP-PUOt 661 22' ' E T".•__..-,�_• �9r�I: 9��.f1,'^05'E"1'—n_''� r- 77394I 50583' __,� RADIUS . 895800 ^ S 79- : ��•.. �, El ST RAAM S NT4-NO 92(100'Y �tENGJN ; 179.981 E \ ema`L8 t .0t R2 Ao maank(yyyy PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. IN ROE MA; ES117 KR RC. 40 201S3716E100576 ECM . 1719i'56• RAM IS - IMPS LEWI11 . 33931 7l00GAa0 02004 50RUFR R 201. .CRNL ON.ww. YS At 0lv. 1: ./- 1 9474 5W04118 7p9 .15044004 028374E N,fR PR07C11Rt cuff PER KC- ,10 MU:6160g300 VOW 00441A0E (A8I71Y E597 4.511 20110530010025 PRP/ATE ROAD AND\Ui7LRIEs 'TRACT 2• / �S 89 � 80'35�' fi 1 56 52 ti Ott,. - 909900' RAMS - 54.50 LINO, - SS67' 64570' -. - 7367S- / .7 897035 E / f A I 514 POI t JOHNSON CREEK F£MA ar"l 100 1R FLOOD ZONE SEE NONE / < i I i S 8914154' E 9760' 60.3.63-E N8379'I27E 1 131 35' E 680138 603 85' JONNSON CREEK TEMA 100 YR. 71000 ZONE / SEE POI / 4 / 1 4008 ' 5 0866'13' E s 02220.9016 0.227,.3015 SEWN UNE OF NE 1/4, I SE I/ SEC a-- ( 7055.57' N N G) 46059' IJtt359n•E fA e„7Hsa'S2' 6n0e u M.17a-rs "Mr tri'r �• LrJN:IN . 1M35 OELtA - p51!'JY r5'f9p+r, �7���1•.578;u1 7ENGM.61.M' N 882 �b3�E_ Op•' or;5 4' PM_•30,, fawn RNIECIK/t Egli. ,. 1' • ! PER RC. Na 241505161X= -OP7,‘N4, SPACE TRACT` 1 8) i 1 5EE la¢ 193 TOTAL CURt4E41 RAS. i LENG7N - 588.68' I $ I i 897762" f / — KINK MAP. ES117 RR ~` RC. 9..j0,50N6000S76 RIVER PRNRC0011 E317 PER .-.� REC. 70 20150816000300 08, 0E SAC E5R7 PIA RC N0 9105231.08 KINO CO. DRAINAGE DIST. f N 8919'5 6' w S. 204TH ST. 832.69' 5 8919'53' £ 818.22' / /42 36(.f/ / /- 22 N 89'12 N,518 125' S,SFE{94 SET 040w OO.7A . 21,16.11 RADIUS - 62600 EENC7N • 24235' AI>82b t2-W 50,16'n'E•� an 0Ei 7A . 7663 U' RAMS • .3850' LERCM • 172 er CEI1A • 233021' RAINS • .36.50' •' LE.k0M - 1484' 3 .4135*' R 0E£1A • 1354'21r 044.15 • 78200' 0011C14 - 5124' .'3879• • 6E3.r/ • TNT,'' A 1i 14 // / 7 y1t 1fa r6Nw26 / GRAPHIC SCALE m ( 7N FELT 1 1 Inch • 100 00 05/30/17 PRELIMINARY PLAT TUKWILA SOUTH w w LC PP1 w ea I exw erJ.e.N.S.t. 9.c® R73.8 Swt AS -NOTED !FEET OF 13 HbECT 11¢ , C rt E E Eo 0> ..r.......*.•7...•u+=1,.., a....Wm.ww+. alA.••.a.,..w.1...•w NMI a:., PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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 3 FOR CONTINUATION 04:4:,,,,..;(1(41:411..: a1 '°o °',�?s•• 6e.�t,>. ♦♦ \tt `^ 14011,, 9.58\\ w (p100 rt I' rytifR ' Ol• � CIS, 9 E,52. • T-•`_ t 0 • h • W f fi AM6APA E411. Pp REP N6 »17700 a oar. • NS6}0'� ^rye PONS • 6500:T ..,.A. P y \� Ja. / 4.„ 7p � , "�v o `y Jy61 /r% 1 4V 25220.016 ryo.~ Dam • Icr.22 • / RADUS . 6500Q / 3T 6ERCM . In ay' �, , 8.E // a //LL- .t�5,4N.•f 0�:2;5 ADOPT • IA 76 Oa7A . IT6'.F RA0,15 • AIM' 114M • 1A6i 0 Da1A • 19517i RCM • 76000 LOGIN • 5056' Oa IA • 171$5Y ]WW-- IpOM • 61 OS 00667A ..la. SY Q/A05. TS50' EpsEy. self ©6Q4A . b1i'EN. RAMS - .450• pc,“ . 31.56' V 5016E 610 06 46 6001 606 .1, 64917 PER 800..0 7615071640378 6N.1Ma u./- $\JQ4 \ ! SEE SHEET 4 FOR CONTINUATION Cry; C( IA" .a Mal 741: PER *78 20130716000578 APER i007EC7RN ESNr SQ R0L NO 2750616000200 APAR PPEPEc30N E4f1. -..., PER REC NO 10750646000700 txrsnx0 TOP a P1E A RIVER PR070030N ESA4T E7OSTS ON THE PRESENT TOP 06 5*440 ON THE EEFT BANK OF THE GREEN RIVER A F.N. 6027013 M 70 5027015 ----- IA' Au 7RAA 5961 RR An 440 70150776000376 05/30/17 ww R`1B /P.S.I e.'. AS-N07E6 SHEET B OF 13 9 EXISTING PARCEL LEGAL DESCRIPTIONS: PARCEL 022204-9008 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, 7011015141P 22 NORTH, NAME EAST, WAS, INKING COUNTY. WASHINGTON, LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY N0,1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH 114E OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWINO DESCRIBED UNE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE sous ST 0' Or EAST, ALONG THE NORTH UNE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAMER ROAD (MESS COUNTY ROAD N0.70); THENCE scummy ALONG SAID MARGIN SOUTH 01' 63' 23" EAST, 182E FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN. ALONO A CURVE TOME RIGHT, HAVING A RADIUS OF 1,760.00 FEET, THROUGH A CENTRAL ANGLE OF 0r 10' 20", AN ARC DISTANCE OF 191.7E FEET TO THE TRUE PONT OF BEGINMNS OF SAID LINE; THENCE NORTH 72" 37' 16" WEST 338.30 FEET; THENCE SOUTH ST 66' 06" WEST 320.8E FEET; THENCE SOUTH 73. 44' 1r WEST 20811 FEET; THENCE SOUTH 17'47' 60" WEST 260.07 FEET: THENCE NORTH 46' 27'10" WEST TO THE SOUTHEASTERLY WONT OF WAY MARGIN OF PRIMARY STATE MORNAY NO. I, AND THE TERMINUS OF SAID LINE; SITUATE IN THE CTTY OF TUKWILA. COUNTY OF KING, STATE OF WASHINGTON PARCEL 022204-9011 PARCEL'F', CITY OF TUKWILA BOUNDARY UNE ADJUSTMENT NO, L16-0046, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 2016102490004 PARCEL 022204-9015 PARCEL "A", OP CRY OF TUKWILA SOU/CARY UNE ADJUSTMENT NO 1124111 AS RECORDED UNDER KING COUNTY RECORDING N0. 20130108600003 SITUATE IN THE CRY OFTUKWIUA, KING COUNTY, WASHINGTON PARCEL 022204-9033 THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 N SECTION 2. TOWNSHIP 22 NORTH, RANGE EAST, WILLAMEITE MERIDIAN, DESCRIBED A8 FOLLOWS: BEGINNING AT A POINT ON THE WEST UNE OF SAID SECTION 2. FROM WHICH THE NORTHWEST CORNER OF SAID SECTION DEARS NORTH Or 65' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE ALONG 6A10 WEST UNE, 80UTH O1' 5010' EAST 34324 FEET; THENCE NORTH Sr 04' 611' EAST,181.60 FEET; THENCE SOUTH 01' 66' sr EAST 347.90 FEET TO THE NORTH UNE OF THAT CERTAIN TRACT OF W40 CONVEYED TO JOSEPH GU MEN UNDER KING COUNTY RECORDING NO.3526097: THENCE SOUTH Sr 3r 20" EAST, ALONG SAID NORTH LINE, AND THEBAN! PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER SANK TO THE NORTH UNE OF SAID SECTION 2; THENCE NORTH Br 03' 20' WEST, ALONG SAID NORTH UNE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH Sr OS 20- WEST, A DISTANCE OF 1,31412 FEET; THENCE SOUTH 77' 11112r EAST, 250.01 FEET; THENCE SOUTH 1r 04' 1r WEST 311A8 FEET; THENCE SOUTH sr 33' 10" WEST 196.T7 PEET; 'THENCE NORTH 0241' 45" EAST 140.14 FEET; THENCE NORTH 72' 37' 16' WEST 373.20 FEET; THENCE SOUTH 6T 65' Or WEST 3202E FEET; THENCE SOUTH Tr 44° CO" WEST 206.10 FEET; THENCE SOUTH IT 4T 50" WEST 250.67 FEET; THENCE NORTH 43. 27' 10" WEST 645.41 FEET. TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF PRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 101N SECTION 2. TOWNSHIP 22 NORTH, RANGES EAST, W.M, LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY SANK OP THE GREEN RIMER. AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH UNE OF THAT CERTAIN TRACT 00 LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING N0. 3626887; TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY OF TIMWNA ORDNANCE NO.2238. SITUATE IN THE CRY OF TUKWOA, COUNTY OF KING, STATE OF WASHINGTON PARCEL 0222049037 THAT PORTION OF GOVERNMENT LOTS 10 AND 11 N SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE 14ENDIAN. 0E8CRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF MIDSECTION AT A POINT SOUTH 0Y0020' EAST 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH TTN930" BAST 20.01 FEET; THENCE scum 16'04'10" WEST 311.48 FEET; THENCE SOUTH 88'33.10" WEST 10877 FEET; THENCE NORTH 02'41.4s" EAST 140.14 FEET; THENCE NORTH 72-3N'is- WEST TO THE FAST UNE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRL 30,1151 "FRAGER ROAD"; THENCE NORTHERLY ALONG SAN EASTERLY ROAD UNE TO THE NORTH UNE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION UNE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LNE: BEGINNING ON THE EASTERLY UNE OF SAID TRACT AT A POINT 16413 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH T4'01.20' WEST 0S1 FEET; THENCE NORTH 87•01120" WEST 131.64 FEET; THENCE SOUTH 06'44'15" WEST 2N 48 FEET TO THE SOUTHERLY UNE OF SAID TRACT AND THE TERMINUS OF SAID UNE. TOGETHER W ITN THAT PORTION OF VACATED PRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUKWILA ORDINANCE NO.2219, (IP ANY). SITUATE IN THIS COUNTY OF MG, STATE OF W ASHNOIOM PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. PARCEL 022204.9043 PARCEL "0", CITY OF TUKWILA BOUNDARY UNE ADJUSTMENT NO. L11-01344, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 20161024100004. PARCEL 022204.9040 THAT PORTION OF GOVERNMENT LOTS 10 AND If N SECTION 2,TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A PONT ON THE NORTH LINE OP SAID SECTION. FROM WHICH POSIT THE NORTHWEST CORNER THEREOF BEARS NORTH SY03'20" WEST, A DISTANCE OF 1,344.12 FEET: THENCE SOUTH 77'19'20" EAST, 263,0E FEET; THENCE SOUTH 16'04'10" WEST, 1414.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 16.64'10" WEST, 14603 FEET; THENCE SOUTH SO'3.7'10" WEST. 10.77 FEET, THENCE NORTH 00'44'16' EAST, 225AS PEET; THENCE 80UTN 17'06'20' EAST,131,64 FEET; THENCE EOM 74'01'20" EAST, N.81 PEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CRY OP TUKWILA ORDINANCE NO. 2231, (IF ANY H SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9057 PARCEL'£', CITY OF TUKWILA BOUNDARY UNE ADJUSTMENT NO. L11-0048, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 20151024900304. PARCEL 022204-9061 BEGINNING AT THE SOUTHFABT CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2. TOWNSHIP 22 NORTH. RANGE 4 EAST. VALLAMETTE MERIDIAN; THENCE NORTH 9Yi832" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION. 46B.m FEET THENCE NORTH 02'4O'4T EAST 63.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02-40'47" EAST 68D4 FEET; THENCE NORTH 20•2433" EAST 8172 FEET; THENCE NORTH 4047E2" EAST 8200 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAMER ROAD; THENCE SOUTH 4040'®" EAST, ALONG SAID SOUTHWESTERLY MARGIN,11767 FEET TO A POINT ON A CURVE FROM WMCH THE RADIAL CENTER BEARS SOUTH 48'0T'02' WEST 788.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 916E FEET TO A POINT ON A NOWTANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84'3100' WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF 51110 CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 0Y1 Y32" WEST 190.00 FEET TO THE POINT OF BEGINNING, TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUNWIUI ORDINANCE NO.2239. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900-0352 THAT PORTION OF GOVERNMENT LOT 8 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE EAST, WIILLAMETTE NERIOAN, LYING EASTERLY OF ORSJJA ROAD sows,' AS CONVEYED BY DEED RECORDED UNDER RECORDING NO.4011751, AND NORTH OP SOUTH 20O" STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN NINO COUNTY SUPERIOR COURT CAUSE NO.IS-616767d NET: 48EN0 ALSO KNOWN AS A PORTION OF LOTS 106 AND IN IN ANGLE LAKE SHORE ACRES DIVISION 2 UMREGORDBDX SITUATE IN THE CRY OF TUKWILA. COUNTY OF ONO, STATE OF WASHINGTON. PARCEL 032204-9006 PARCEL 'B', CRY OF TUKWILA BOUNDARY UNE ADJUSTMENT NO. 1.11.0044, AS RECORDED UNDER KING COUNTY RECORONO NUMBER 20161024E00004. PARCEL 032204-9047 PARCEL "C, CRY OP TUKWILA BOUNDARY UNE ADJUSTMENT NO. L166040, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 20111024$00004. PARCEL 0322049052 THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILIAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEG INMNO AT A POINT SOUTH Sr 11' /6' WEST 1,6830 FEET AND SOUTH 0r 11' 00" EAST 306.12 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01.11' CO" WEST 171.01 FEET; THENCE NORTH 10.30 0r EAST 13727 FEET; THENCE NORTH 413' IQ' 1S" EAST 73.354 FEET; THENCE NORTH 8S' II' 08' EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 861. 11' Or WEST 1,340.72 FEET AND SOUTH 01' 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01' 11' 0r EAST 294 FEET; THENCE SOUTHWESTERLY 128 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH sr woo- WEST 120 FEET TO TIE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLA ROAD AND SOUTH 200'F STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1,1999; SITUATE N THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9090 THE WEST 1S0 FEET OF THE EAST 701.1 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 114 OF THE NORTHEAST I/4 OF SECTIONS, 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 UES WITHIN THE LAND W9IEINA80VE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT- OF-WAYS AND STORM WATER R1 WOF.NAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO.8706281237; SITUATE N THE CRY OF TUKWILA. COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9092 THAT PORTION OF THE SOUTHEAST II4 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 it )1' 0r WEST ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 3, A DISTANCE OF 723 0 FEET; THENCE SOUTH 01' Ivor EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH Cr 11' Or EAST 300 FEET; THENCE SOUTH 6s' 11' or WEST, PARALLEL WITH SAID NORTH UNE, 220 FEET; THENCE NORTH OI' 11' 0r WEST 300 FEET TO THE SOUTH UNE OF THE NORTH 30 FEET OF SAD SOUTHEAST 1M. THENCE NORTH O9' 11' 0r EAST 220 FELT TO THE TRUE POINT OF 0E0INNINO; SITUATE N THE CITY OF TUKWILA. COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9100 THE WEST 37 RODS (810.5 FEET) OF THE SOUTHEAST 1M OF THE NORTHEAST 14 OF SECTION 3, TOWNSHIP 22 NORTH. RANGE 4 EAST, W M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KIND COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 91660E4, 7351513, AND 601670; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO.1, BY DEED RECORD UNDER RECORDING NO. 6181819; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51. PLACE SOUTH (ORILLLA ROAD SOUTH): AND 01000T THAT PORTION CONDEMNED BY THE CITY OF KEN, FOR R10HT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 18,2-16787.E KW; SITUATE IN THE CITY OF TUKWILA, COUNTY OF IONO, STATE OF WASHINGTON PARCEL 032204-9109 PARCEL .1r. CRY OF TUKWILA BOUNDARY UNE ADJUSTMENT NO, L1141070, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 20170606030032. i PRELIMINARY PLAT TUKWILA SOUTH 004411. ww wJ.B./P.S.t. "- "AB AS-NO1ED 1 SHEET 9 OF 13 ITOECT NO awn., sw sonar r.wma.mwwww,ww,"w.e„, wnwrw.,wwwwow a... EXISTING PARCEL LEGAL DESCRIPTIONS CONTINUED: PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. PARCEL 2623049065 THAT PORTION OF THE SOUTHEAST 114 OF THE SOUTHWEST 114 OF SECTION 26, TOYYNSHP 23 NORTH. RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGUN/MO AT THE SOUTHEAST CORNER OF SNO SOUTHEAST 1M OF THE SOUTHWEST 114 OF SECTION 24; THENCE NORTH 07'48'67' WEST ALONG THE SOUTH LJNE OF SALO SOUTHEAST III OF THE SOUTHWEST 1N, A DISTANCE OF 481.06 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY; THENCE CONTINUING NORTH 67'45'6T" WEST ALONG SAID SOUTH UNE, A DISTANCE OF 180 FEET, MORE OR LESS, TO A POINT ON A LINE WHICH IS PARALLEL WITH AND SSA FEET NORTHWESTERLY OF THE CENTER UNE OF A 15 FOOT RAILROAD EASEMENT ESTABLISHED BY IN3TRUNENT RECORDED UNDER RECORDING NO, 4843673 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 16.15'S5' EAST ALONG SAID PARALLEL LINE 52 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.52135Y; THENCE NORTH 50'SS12' WEST ALONG SAID DRAINAGE EASEMENT CENTER LINE 224 FEET. MORE OR LESS, TO THE WEST LINE OF THE SOUTHEAST 114 OF THE SOUTHWEST 114 OF SAID SECTION 26; THENCE SOUTH 00'5618' WEST ALONG SAE WEST UTE TO THE SOUTHWEST CORNER OF SAID SUBDIVISION, THENCE EAST ALONG THE SOUTH UNE OF SAID SUBDIVISION TO THE TRUE POINT OF BEGINNING; TOGETHER WITH ALL RIOH78IN THOSE CERTAIN 15 FOOT EASEMENTS RESERVED IN DOCUMENTS RECORDED IROER ONO COUNTY RECORDING NOS 7781050856 AND 7701050655; SITUATE IN THE CITY OF TUIIWIIA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9009 THAT PORTION OF THE RORTHEAST 114 OF UN NGIURINESY IM OF SECTION 30, TOVEMNIF 23 NORTH, RANGE 4 EAST W M, OEBCRBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF END NORTHEAST 144 OF TIE NORTHWEST 1/4; THENCE NORTH army- WEST, ALONG THE NORTH UNE OF SAID NORTHEAST 1/4 OF THE NORTIN EST 114, A DISTANCE OF 481.06 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 11.6Y33' EAST. ALONG SAID WEST MARGIN, A DISTANCE OF 41.27 FEET; THENCE NORTH BP4Per WEST A DISTANCE OF 221411 FEET; THENCE SOUTH 41'30'27-WEST A DISTANCE OF SSS.37 FEET; THENCE SOUTH 62'44'03" EAST TO THE SOUTH LINE OF THE NORTHWEST 1M OF THE NORTHEAST 1M OF THE NORTHWEST 1/4 OF SAID SECTION 33; THENCE WESTERLY, ALONG SAID SOUTH UNE, TO THE EAST UNE OF THE NORTHWEST 114 OF THE NORTHWEST 1M OF SAD SECTION 35; THENCE NORTH 0N4S'41` EAST, ALONG SAID EAST UNE TO THE NORTHEAST CORNER OF SAD NORTHWEST 114' THENCE SOUTH 674867' EAST. ALONG THE NORTH UNE. OF SAID NORTHWEST 1M, A DISTANCE OF S31.10 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF SAID TRACT LYING WITHIN THE BOUNDARIES OF CITY OF TUR(YRLA BOUNDARY UNE ADJUSTMENT NO, 8U41-71. RECORDED UNDER KING COUNTY 'RECORDING NO. 700E2307522; SITUATE IN THE CITY OF TUKWILA. COUNTY OF ONO, STATE OF WASHINGTON. PARCEL 352304-9013 PARCEL `A" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 1d0070, AS RECORDED UNDER KING COUNTY RECORDED ND, 30110603600032„ ewe PT SOUTH 15e PLACE. SITUATE IN THE CRY OF TE RESA , COUNTY OF ONO, STATE OF WASHINGTON PARCEL 352304-9015 PARCEL `A' OP CITY OF TUKWILA BOUNDARY UNE ADJUSTMENT NO, L18-0006, AS RECORDED UNDER RECORDING NO.20160311500001, RECORDS OF 1ON0 COUNTY, WASHINGTON. PARCEL 352304-9016 THAT PORTION OF THE SOUTHWEST 1/4 OF 714E SOUTHWEST 1H OF SECTION 35 TOWNSHIP 23 NORTH RAMS 4 EAST, W.M. DESCRIBED AS FOLLOWS: BEOIMONO AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 67'65'05' EAST ALONG THE SOUTH LINE THEREOF 637.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87'8P08' EAST 328.00 FEET; THENCE NORTH HENCE" EAST 262.12 FEET; THENCE NORTH 4T11'37' WEST TO THE EASTERLY RIOIiT-0FEAY HARM OF PRIMARY STATE HIGHWAY 140.1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY UNE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1622 OF DEEDS, PAGE E2S, UNDER KENT COUNTY RECORDING NO 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY UNE OF SAID TRACT TO THE TRUE POINT OF BEGONINO; SITUATE IN TIE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON. PARCEL 352304-9017 THAT PORTION OF GOVERNMENT LOT 7, SECTION 31, TOWNSHIP 23 NORTH. RANGE EAST, W.M. DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY MARGIN OF COUNTY ROAD IN GOVERNMENT LOT 7, IN SAID SECTION AT A POINT SOUTH worse- EAST LOSE FEET AND NORTH 00'88'40' EAST 1,64575 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAE SECTION 35; THENCE SOUTH 06.13'08' EAST, 36.70 FEET; THENCE SOUTH 15'IEY2S WEST, 620.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH T3'OB40" EAST, 233.32 FEET; THENCE NORTH 15'26'66' EAST, 374.00 FEET, THENCE NORTH 86'0211' WEST, 211.14 FEET TO A POINT WHICH BEARS NORTH 15'S576- EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 18E816' WEST, 420.10 FEET TO THE TRUE PONT OF EEO MONO; SITUATE IN THE COUNTY OF IONS, STATE OF WASHINGTON. PRELIMINARY PLAT 1.4 0 H R48 41-NOIEO Dui SHEET 10 OF 13 n83.@T Na EXISTING PARCEL LEGAL DESCRIPTIONS CONTINUED: PARCEL 3523049025 THAT PORTION OF THE NORTHWEST 1N OF THE NORTHWEST 114 OF SECTION 35, TOWNSHIP 23 NORTH, FLANGE 4 EAST W.M., DESCRISEO AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF THE NORTH4 E5T 1/4 OF THE NORTHWEST 1N OF SAID SECTION 36; THENCE SOUTH O1•4Y41" WEST, ALONG THE EAST UNE OF THE NORTHWEST 1N OF THE NORTHWEST 114 OF SA1 SECTION 36. A DISTANCE OF 767.08 FEET TO THE NORTHERLY MARG IN OF SOUTH 176 STREET IP.J MUSSEL COUNTY ROAD); THENCE NORTH 65.2703' WEST, ALONG SAID NORTHERLY MARGIN, ADISTANCS OF 24D64 FEET; THENCE NORTH 4r48W" WEST, ALONG SAID NORTHERLY MARGIN. A DISTANCE OF 341,00 FEET TO THE EAST RIGIILMEWAY UNE OF PRIMARY STATE HIGHWAY N0.1 (JUNCTION S. S. H. NO. 6A TO SOUTH 176 STREET); THENCE NORTH 067233• EAST, ALONG SAID EAST RIOHTOF.WAY UNE, A DISTANCE OP 24839 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 11,186.1/ FEET, /N ARC DISTANCE OF 209.74 FEET, THROUGH A CENTRAL ANGLE OF 01.04.27', TO THE NORTH UNE OF TIE NORTHWEST 1t4 OF THE NORTHWEST 114 OF SAID SECTION 36; THENCE SOUTH 8r4767' EAST, ALONG SAG, NORTH LINE, A DISTANCE OF 419.14 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED SOUTH 176"' STREET ADJOIN NG, PURSUANT TO ORDINANCE NO. Ole, WHICH UPON VACATION, ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; SITUATE IN THE CITY OF TUKTIUL COWRY OF KING. STATE OF WASHINGTON PARCEL 3523049027 THE NORTH 25.25 FEET OF THAT PORTION OF THE NORTHEAST 1140F THE NORTHWEST 04 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST WM" DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1N OF THE NORTHWEST 1/4; THENCE NORTH I7 46'6T" WEST, ALOE THE NORTH UNE OF SAID NORTHEAST 114 OF THE NORTHWEST 114, A DISTANCE OF 4B1.W FEET. TO THE WESTERLY MARGIN OF THE SOUTHCENTER PARKWAY; THENCE SOUTH 11.8Y33" EAST, ALONG SAID WESTERLY MARGIN. A DISTANCE OF 1,007,07 FEET; THENCE CONTINUING 3011TH It'6833" EAST. ALONG SAID MARGIN, A DISTANCE OF 04.08 FEET; THENCE SOUTH TIMED" WISE A DISTANCE OF TMFEET TO AN ANGLE POINT ON THE OLD ALIGNMENT OF SOUTH 176 STREET (FORMERLY KNOWN AS P.J. MUSES COUNTY ROAD); THENCE SOUTH 240310" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A DISTANCE OF 22119 FEET TO A UNE 30 FEET NORTH OF AND PARALLEL MTH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHDN0 WEST 1/4, ENTHE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SND SOUTH 178 STREET; THENCE NORTH SrSSO " WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233,0E FEET TO A POINT OF CURVE; THENCE ALONG SND NORTHERLY MARGIN ON A CURVE TO THE RIDHR, HAVING A RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169,17 FEET, THROUGH A CENTRAL ANGLE OF 85'3834', TO A POINT OF REVERSE CURVE; THENCE ALONG SAM NORTHERLY MARGIN, ON A CURVE TO THE LEFT HAVING A RADIUS OF 260.74 FEET, AN ARC DISTANCE OF 23.43 F�ET, THROWN A CENTRAL ANGLE OF Or16'7[", TO THE OLD CENTERLINE OF SAID SOUTH 178 STREET; THENCE NORTH 2.114727" EAST, ALONO SAID OLD CENTERLINE, A DISTANCE OF 5269 FEET TO AN ANGLE POINT; THENCE NORTH 66'00'33" WEST. ALONG SAS) OLD CENTERLINE, A DISTAFTE OP 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW AJGNMENT OF SAID SOUTH 176 STREET TO THE TRUE POINT OF BEGIMSNO. AND FROM WHICH SAID TRUE POINT OF BEGINNING, POINT "A" WHICH IS TO BE USED FOR LATER REFERENCE HEREIN, UES NORTH 37•6414" EAST. A DISTANCE OF 173.09 FELT; THENCE ALONG END NORTHERLY NATION ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 676r3r WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 167.50 FEET, THROUGH A CENTRAL ANGLE OF 33'34'4r; THENCE NORTH 60.38'1r WEST, ALDNG SAID NORTHERLY MARGIN, A DISTANCE Of 204.94 FELT: THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OP 806.55 FEET, AN ARC DISTANCE OF 25.52 FEET, THROUGH A CENTRAL ANGLE OF 07621r;THENCE NORTH 0738U" WEST. ALONG SND NORTHERLY MARGIN, A DISTANCE OP 25060 FEET TO THE WEST UNE OF SAID NORTHEAST 114 OF THE NORTHWEST 114; THENCE NORTH 01'4841^ EAST, ALONG SAID WEST UNE, TO THE SOUTH LINE OF THE NORTHWEST 1(4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 36; THENCE EASTERLY. ALONG SAID SOUTH UNE, TO INTERSECT A UNE WHICH BEARS NORTH 6744'W' WEST FROM THE AFOREMENTIONED POINT 'A'; THENCE SOUTH 674407 EAST TO SND POINT "A", WHICH PONT H THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 10,1970 UNDER RECORDING NO.4704430; THENCE SOUTH 37•56 WEST 172W FEET TO THE TRUE POINT OF BE01 66 NOF SITUATE IN THE CITY OF TUKWILA, COUNTY OF KENO, STATE OF WASHINGTON PARCEL 352304-9034 LOT B OF CRY OF TUKWILA BOUNDARY UNE ADJUSTMENT NO. 1.170004, AS RECORDED UNDER RECORDING NO.20170606600W1, RECORDS OF KING COUNTY; EXCEPT SOUTH 164"' PUCE. SITUATE IN THEORY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON, PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. PARCEL 3523049036 PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L156008 AS RECORDED UNDER KING COUNTY RECORDING NO.20160318000001. SITUATE IN THE CRY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 3523049038 PARCEL 0 OF CITY OF TUKWILA BOUNDARY UNE ADJUSTMENT NO, L 13006, AS RECORDED UNDER KING COUNTY RECORDING, NO.20130227900000 TOGETHER WITH THAT PORTION OF VACATED SOUTH 178'" STREET LYING ADJACENT THEREON PER CITY OF TUKWILA ORDINANCE NO. 2400. PARCEL 3523049041 THAT PORTION OF THE OOUTIIWEST /N OF TIE SOUTHWEST 1N AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, FLANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY UNE OF THE COUNTY ROAD N GOVERNMENT LOT 7 OF SAID SECTION, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 36, BENTS EOLITH Or W' 40" WEST 1,048 70 AND NORTH 6r 03' 20"WEST 1,566.7E FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH UNE OF SAD SECTION; THENCE SOUTH Or 13' 06" EAST 36.70 FEET; THENCE SOUTH 1r 6Y 26" WEST 520,10 FEET;. THENCE SOUTH 73' 06' 40' EAST 233.32 FEET; THENCE NORTH 16' 28' Sr EAST474.00 FEET; THENCE SOUTH 64.17 Sr' EAST 232 FEET, MORE OR LESS, TO THE BANK OP THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY. ALONG SAID RARER BANK, TO THE SOUTH LINE OF SAG, SECTION 30; THENCE NORTH Sr 03' 20" WEST ALONG STD SOUTH UNE TO THE EASTERLY UNE OF SAM COUNTY ROAD; THENCE NORTHERLY POLLOWNO SAID ROAD UNE TO SHE POINT OP BEGINNING; EXCEPT THAT FOREIGN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF END SECTION 36; THENCE SOUTH 87" 68 2E' EAST 1,3129E FEET, ALONG THE SOUTH UNE THEREOF, TO A POINT ON THE EASTERLY UNE OF FRA0ER ROAD (4000 FEET RIDE); THENCE NORTH 01. 6V Sr WEST 144.53 FEET ALONG SAID UNE; THENCE ALONG THE CENIERLJNE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, TE FOLLOWING COURSES AND DISTANCES: NORTH Or 08 02" EAST 131,00 FEET TO THE BEGOQ8N0 OF A 00.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF O2' 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25" 08 02" EAST 13.34 FEET TO THE BEGINNING OF A 60.W FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF Sr 13' 24" AND AN ARC LENOTHOF 4441 FEET; THENCE SOUTH 70° 61' 32' EAST 121.13 FEET TO THE WOOF SAID EASEMENT; THENCE SOUTH 111. 08 2r WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 1r 0B' 2r WEST 100,00 FEET; THENCE NORTH 70/ 61' 32" WEST 100.00 FEET; THENCE NORTH 19• W' 26` EAST 100.00 FEET; THENCE SOUTH 70. 61' 32' EAST 100.00 TO THE TRUE POINT OF BEGINNING; TOGETHER WIN THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER ORY OF TUKWILA ORDINANCE NO.2239, EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY MARGN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED LINGER KING COUNTY RECORDING NO. 20121130002219. SITUATE IN THE CRY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 3523049045 THAT PORTION OF THE SOUTHWEST 114OF THE SOUTHWEST IN OF SECTION 36, TOWNSHIP 23 WORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: IRMINNINO AT THE SOUTHWEST CORNER OF THE SOUTHWEST IN OF SAID SECTION 36; THENCE SOUTH O' 68 OS" EAST, ALONO THE SOUTH LINE OF SAID SOUTHWEST 104, 625.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH or W NI" FAST, ALONG SAD SOUTH LINE. 43850 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD ND. 75; THENCE NORTH W' 53' 23" WEST, ALONG SAID MARGIN, 215.74 FEET; THENCE ALONG A CURVE TOTE ROM, HAVING A RADIUS OF 306.48 FEET, THROUGH A CORRAL ANGLE OF 0M 57 12", AN ARC DISTANCE OF 16.35 FEET TO A SURVEY MONOMER ON THE SOUTH UNE OF THE NORTH 1,08831 FEET OF SND SOUTHWEST 114 OF THE SOUTHWEST IU OF SECTION 36; THENCE NORTH 87` 571r WEST ON TIE SOUTH UNE, 331,09 FEET, MORE OR LESS, TO A SURVEY MONUMENT; THENCE NORTH 4r 11' Sr WEST 32 IS FEET' THENCE SOUTH 1r 56' 40" WEST 262.12 FEET TO THE TRUE POINT OF BEOINMNO; TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUKYWLA ORDINANCE ND, 223S. EXCEPT ANY PORTION THEREOF VYING WITHIN MINE ROM OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER MONO COUNTY RECORDING 60.20121130002218. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 3523049049 THE NORTH 410 FEET OF THE EAST 100 FEET OF THAT PORTION OF THE SOUTHWEST 1N OF THE SOUTHWEST 1N OF SECTION 38 TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH BOUNDARY LINE OF THE SOUTHWEST 114 OF THE SOUTHWEST 111 OF SECTION 38 TOWNSHIP 23 NORTH, RANGE 4 FAST, W.M., FROM MUCH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS NORTH 53'03'20" WEST, A DISTANCE OF 507.00 FEET; THENCE ALONG SAID SOUTH UNE SOUTH 66'0310' EAST TO THE WESTERLY UNE OF COUNTY ROAD; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE CF SAID COUNTY ROAD, TO ITS INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST iN OF THE SOUTHWEST 1N OF SECTION 25; THENCE NORTHERLY ALONO SAID EAST LINE TO THE NORTHEAST CORNER OF SND SUBDIVISION" THENCE WESTERLY ALONO THE NORTH LINE THEREOF,100.00 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST UNE OF SAD SUBDIVISION 40400 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO THE KORTH UNE OF SND SUBDIVISION, 1238.31 FEET. MORE OR LESS, TO THE WEST UNE OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG SND WEST UNE TO ITS INTERSECTION WITH THE NORTHEASTERLY UNE OF THE DRUM ROAD EXTENSION; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY UNE OF SAID ROAD TO ITS INTERSECTION WITH THE NORTHEASTERLY UNE OF TNAT CERTAIN TRACT OF LARD HERETOFORE CONVEYED TO KING COUNTY BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE !ME RECORDS OF KING COUNTY, RECORDED UNDER RECORDING NO.2722034; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY UNE TO AN ANGLE POINT HEREIN; THENCE CONTNUNO SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF END TRACT, 731.2 FEET TO THE PLACE OF BEOINNNO; EXCEPT ANY PORTION THEREOF LYING WITHIN A TRACT OF LAND CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 1 TEA; SITUATE IN THE, CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9050 THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 30, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57' 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 UNE OF SAM COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH UNE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 2W FEET, MORE OR LESS, TO AN IRON PIPE SET N THE WESTERLY UNE OF THE SND COUNTY ROAD; THENCE NORTHEASTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORT/ON OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUKWILA ORDINANCE NO. rat EXCEPT ANY PORTION THEREOF LYING WITHIN THE MOOT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO.20121130002219. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9051 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36 TOWNSHIP 23 NORTH, RANGE 4 EAST. WM., LYING EASTERLY OF SHE MUM ROAD EXTENSION, DESCRIBED A3 FOLLOWS. BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 38; THENCE SOUTH 57'86'00" EAST ALONG EAST AND WEST CENTER UNE B60 FEET; THENCE SOUTH W3010" WEST 727.6T FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38.4.702" EAST 1144.63 FEET TO SOUTH UNE OF NORTHWEST QUARTER OF SOUTHWEST QUARTER; THENCE SOUTH 87'67'00' EMT ALONG SAID SOUTH UNE 100 FEET TO SOUTHEAST CORNER SAD SUBDIVISION; THENCE NORTH 86'04'OS" EAST ALONG EAST LINE TO A POINT REARMS SOUTH 8899800" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 86'8800" WEST TO THE TRUE POINT OF BEONMNO; EXCEPT ANY PORTION LYING WITHIN THAT CERTAIN TRACT CONVEYED TO CHARLES C. STRONG AND OTHERS, DATED JULY 0, TOE AND RECORDED UNDER RECORDING NO, 322573; AND EXCEPT THAT PORTION CONDEMNED IN ONO COUNTY SOS 510470 FOR PRIMARY STATE HIGHWAY NO.1. SITUATE IN THE CRY OF TUKWILA, COUNTY OF IONS, STATE OF WASHINGTON. PARCEL 3523049065 THAT PORTION OF THE SOUTWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, WM. IN KING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT NTEMSECTON OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH UNE OF SUBDMSION; THENCE SOUTH 67'S878" EAST 14S FEET TO THE TRUE POINT OF BEGINNING,. THENCE CONTINUING SOUTH 67•14116" EAST 60 FEET; THENCE NORTH 1700'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF ENO SUBDIVISION, THENCE NORTH8r56'2r WEST W FEET; THENCE SOUTH 16'00'00" EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LINO WITHIN PRIMARY STATE HIGHWAY NO (SR6) (SOUTH 108" STREET INTERCHANGE); SITUATE IN THE CRY OF TUKWILA, COUNTY OF KING, STATE OF WASHNOTOM PARCEL 3523049066 THAT PORTION OF THE SOUTHWEST QUARTER OP THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M„ N KING COUNTY, WA SHINGTON„ 0ESCR10ED AS FOLLOWS: B8OINNINO AT INTERSECTION OP EASTERLY MARGIN OP ORILUA COUNTY ROAD EXTENSION WITH SOUTH UNE OP SUBDMSION; THENCE EAST ALONG SOUTH UNE 241 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH UNE TO A POINT 507 FEET EASTERLY OP SOUTHWEST CORNER OP SECTION; THENCE NORTH 26'4820' WEST TO NORTH UNE OF SOUTH 12S FEET OF SUBDIVISION; THENCE NORTH arum" WEST MI FEET, MORE OR LESS; THENCE SOUTH 1500110' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO.1 ISR 6)(SOUTH 1118m STREET INTERCHANGE); SITUATE IN THE CRY OF TUKW)U1, COUNTY OF KING. STATE OF WASHINGTON, PARCEL 3523049068 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, ECW143RIP 23 NORTH, RANGE 4 EAST, W.M., IN MONO COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBOMSON; THENCE SOUTH 04" 04' 20' WEST. ALONG THE EASTERLY UNE OF SAID SUBDIVISION. A DISTANCE OF NO FEET TO THE TRUE POINT OF EEO INNING; THENCE NORTH 87' 67' 1 r WEST, PARALLEL WITH THE NORTHERLY LINE OF SND SUBDIVISION, A DISTANCE OF 843,32 FEET TO A POINT WHICH IS SOUTH 67" 57 17' EAST 405 FEET FROM THE WESTERLY UNE OF ON) SUBOMSION; THENCE SOUTH 282.00 FEET TO THE THREAD OF A CREEK PLOWING SOUTHEASTERLY; THENCE SOUTH 47. 11' 3r EAST 486.74 FEET TO A POINT ON THE THREAD OF SAG, CREEK; THENCE SOUTH 67.57 17" EAST 23576 FEET TO AN INTERSECTION WITH THE WESTERLY MARGIN OF MESS BRIO. COUNTY ROAD NO.76 (57' 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 344.44 FEET, THE CENTER OF WHICH BEARS SOUTH Br 40' 12" EAST, AN ARC DISTANCE OF 143.54 FEET; THENCE NORTH 211. 10' OS" EAST 161.48 FEET TO AN INTERSECTION OF END ROAD MARGIN WITH TIE EASTERLY LINE OF SAID SUBOIVISIOM; THENCE NORTH 04. 04' 20' EAST 289.11 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION /HEREOF LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 572058; TOGETHER WITH THAT PORTION OF VACATED FRAOER ROAD LYING ADJACENT THEREON PER CRY OF TUK8RU ORDINANCE NO. 2239. EXCEPT ANY PORTION THEREOF LINO WITHIN THE RIOT' OF WAY MARGIN OF SOUTHCENFER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KENO COUNTY RECORDING NO.20121130002219, SMITE IN THEME"( OF TUKWILA. COUNTY OP KING, STATE OF WASHINGTON, PARCEL 3523049078 THAT PORTION OF TIE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 38 TOWNSHIP 23 NORTH, RANGE 4 EAST, RIM., IN KING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAD SECTION 35; THENCE NORTH 06'44'13' EAST ALONG THE WESTERLY LESIT OF SAG, SECTION 633 62 FEET; THENCE SOUTH Sr071r EAST PARALLEL TO THE NORTH UNE OP SAD SUBDIVISION 433JS FEET TO THE EASTERLY RIGMAF4AY MARGIN OF PRIMARY STATE HIGHWAY ITS. 1. SOUTH INT" STREET INTER0HAl00, AND THE TRUE POINT OF BEGINNING ING OF PM DESCRIPTION, THENCE COW M11N0 SOUTH Er671r EAST 91.01 FEET; THENCE SOUTH 2211.1111 FEET TO A POINT ON SAD RIGHT.OFAWAY MARGIN OPPOSITE ENGINEER'S STATION JR 3600; THENCE SOUTH 67N70` WEST W.M FEET; THENCE NORTH cr13'30' WEST 106,1E FEET: THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 316 FEET, AN ARC DISTANCE OF Tun FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTON, IF ANY, LINO WITHIN PRIMARY STATE HIGHWAY N0.1 (6R6) (SOUTH 188" STREET INTERCHANGE); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9090 PARCEL "C", CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT ND, L160076, AS RECORDED (COO COUNTY RECORDING NUMBER 20170501900005. r. 05/30/17 0 g 1 IS 1 PRELIMINARY PLAT iy LU 0 LEI 01C30. Orr- w".''J.6.iP.Sa. om®nJ6 AS.NOTTD BEET Nt of IJ NO.Ee7 JQ PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. EXISTING PARCEL LEGAL DESCRIPTIONS CONTINUED: PARCEL 352304-9116 PARCEL 'A" OF CITY OF TUK1MLA BOUNDARY UNE ADJUSTMENT NO. L160023, AS RECORDEG UNDER 201607161100001. RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY CF TUKWILA ORDINANCE NO. 2239. SITUATE IN THE CRY OF TUKWILA, COUNTY OF KU40, STATE OF WASHINGTON. PARCEL 352304-9117 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH. RANGE 4 EAST. W.N. IN RING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS: BEO1/00140 AT THE SOUTHWEST CORNER OF SAID SECTION 30; THENCE SOUTH 117.66'26" EAST 1,312.96 FEET. ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD 140.00 FEET WIDE); THENCE NORTH 01'04'60• WEST 146.63 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 6r0602" EAST 131.00 FEET TO THE BEGINNING OF A 50A0 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5710'00" AND AN ARC LENGTH OF 62.26 FEET; THENCE NORTH 21'66'02' EAST 73.34 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 53131E AN ARC LENGTH OF4441 FEET; THENCE SOUTH 70'6112' EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH lawny WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 1Y0026" WEST 100.00 FEET; THENCE NORTH TO11'32. WEST 100.00 FEET; THENCE NORTH WOODS. EAST 10000 FEET; THENCE SOUTH TO'61'32" EAST 100.00 FEET TO THE POINT OF BEGINN070; •RUATE IN THE CITY OF TUKWILA. COUNTY OF KING, STATE OF WASHINGTON. PARCEL 3523049118 PARCEL"E" OF CITY OF TUKWILA BOUNDARY LUTE ADJUSTMENT NO, LIS-0023, AS RECORDED UNDER KING COUNTY RECORDING NO. 20160714900001. SITUATE IN T1E CRY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON a PRELIMINARY PLAT TUKWILA SOUTH ACSSAM CAM AS -NOTED AAA BST 12 OF 11 TADYCT PO GENERAL NOTES: 1. SHOREI43 SETBACK SEOALE PROPERTIES LLC IS CONSTRUCTING LEVEE IMPROVEMENTS THAT SHALL ALLOW FOR THE SHORELINE BUFFER TO BE REDUCED CONSISTENT WITH TCC 18A4.050(0)(2). THE LEVEE IMPROVEMENTS ARE SHOWN ON THE APPROVED GRADING PLAN, OTT OF TUKWILA GRADING PERMIT N0. PEI0.04L CONSISTENT MTH TCC 11144.06010)(2L THE SHORELINE SETBACK SHALL BE REDUCED TO THE AREA OCCUPED BY THE LEVEE PLUS 10 FET MEASURED LANDWARD FROM THE LANDWARD TOE OF THE LEVEE. t NATIVE GROWTH PROTECTION AREAS- SENSITIVE AREA TRACTS SEGALE PROPERTIES LLC SHALL NOT CONSTRUCT OR PERMIT ANY DEVELOPMENT ON OR WITHIN THE PROPERTY, EXCEPT TRAILS, THE ORILLIA ROAD CONNECTOR (AS THAT TERM IS DEFINED IN THE DEVELOPMENT AGREEMENT) AND UTILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRICAL TRANSMISSION LINES, PLACEMENT OF WHICH MUST BE APPROVED BY THE CRY. WATER AND SEWER SYSTEM LIVES AND ACCESS ROADS FOR LEVEE MAINTENANCE SEGALE PROPERTIES SHALL NOT CLEAR THE PROPERTY EXCEPT AS PERMITTED UNDER THE APPLICABLE MUNICIPAL CODE, AND SUBJECT TO THE PROVISIONS OF THIS COVENANT. NOTWWTH5TANOING THE FOREGOING, SEGALE PROPERTIES MAY CLEAR AND DISTURB THE PROPERTY IN SATIEFACIION OF SEGALE PROPERTIES' MRIOATION OBLIOATONS UNDER THE SENSITIVE AREA MASTER PLAN (-SEEP"). UPON COMPLETION OF THE WORK DESCRIBED IN THE SAMP AND THE APPROPRIATE AREAS OF THE PROPERTY BEANO ENHANCED. RESTORED OR CREATED, AS APPLICABLE, SEGALE PROPERTIES SHALL KEEP TIE PROPERTY PERMANENTLY IN AN UNDISTURBED VEGETATED STATE THAT SHALL NOT BE CLEARED OR IMPROVED EXCEPT AS NECESSARY TO (1) PRUNE OR REMOVE DEAD OR DISEASED TREES, AND VEGETATION REASONABLY ADJACENT TO DEVELOPED AREAS OF THE TUMMLA SOUTH PROPERTY (M DEFINED IN THE DEVELOPMENT AGREEMENT). (2) REMOVE EVASIVE OR EXOTIC VEGETATION, (3) PRUNE OR REMOVE TREES OR OTHER VEGETATION PRESENTED A THREAT TO LIFE OR SAFETY OR GLOWING OVER ROADWAYS, LEVEES, DRAINAGE DITCHES, TRAILS, OR OTHER CORRIDORS THAT MUST BE KEPT CLEAR. (4) MAINTAIN MITOATION AREAS, ORIN PERMIT THE WORK EXPRESSLY DESCRIBED OR REFERENCED IN THIS COVENANT. 3. SEGALE PARK DRIVE C SEGALE PARK DRIVE C IS AN EXISTING PRIVATE ROAD THAT WALL PROVIDE ACCESS TO THE EXISTED SEOALE BUSINESS PARK AS WELL AS LOTS 4, S AND 7. AN EASEMENT FDR INORESSEORESS OVER THE EXISTING SEOALE PARK DRIVE C AS SHOWN ON THE FACE OF THE PLAT SHALL BE GRANTED FOR THE BENEFIT OF LOTS 4. 6AND7. 4, FLOOD PLAIN ELEVATION AND FILL PORTIONS OF LOTS 24 THROUGH 27 ARE MAPPED AS WITHIN THE JOHNSON CREEK FLOOD PLAIN. PER FEMA FIRM 913033C0967F, THE JOHNSON CREEK DITCH FLOOD PLAN ELEVATION IS 22 FEET NO VD 1928. THE APPROVED°RADING PLAN, GRADED PERMIT, CITY OF TUKWILA NO. PN104164, ALLOWS FOR ALL FINISHED SITE GRADES TO BE ABOVE THE FLOOD PLAIN WITH THE FINAL SITE GRADES RANGING FROM 34.2 FEET WED 1929 SOUTH OF S. 200tN ST. TO ELEVATION 30.9 FEET NOVO 1829 AT THE NORM END OF THE PROJECT, S RECIPROCAL ACCESS EASEMENTS RECIPROCAL EASEMENTS FOR INORESSIEORESS AND URLITIES, IN THE LOCATIONS SHOWN ON THE PLAT, WILL BE GRANTED ACROSS LOTS WITH SHARED ACCESS ONTO SOUTHCENTER PARIOVAY OR S.200W ST. S. "PPJVATE ROAD TRACT- OWNERSHIP PRIVATE ROAD TRACT "t' IS A PRIVATE TRACT FOR INORESSEORESS AND UTIUTES FOR THE BENEFIT OF THE OWNERS OF LOTS S THROUGH 16. OWNERSHIP OF LOTS S THROUGH IS WITHIN THIS PLAT INCLUDES AND EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN PRIVATE ROAD TRACT 1. OWNERSHIP OF LOTS 9 THROUGH 16 SMALL ALSO INCLUDE AND EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT. PRIVATE ROAD TRACT "2' 16 A PRIVATE TRACT FOR INORE*SIEORE66 AND UTILITIES FOR THE BENEFIT OF THE OWNERS OF LOTS 22 THROUGH 25. OWNERSHIP OF LOTS 22 THROUGH 26 WITHIN THIS PLAT INCLUDES AND EQUAL AND UNDIVIDED OWNERSHIP INTEREST N PRIVATE ROADTRACT 2 OWNERSHIP OF LOTS 22 THROUGH 16 SHALL ALSO INCLUDE AND EQUAL AND U9CIVIOED RESPONSIBILITY FOR THE MAINTENANCE OF END TRACT, 7. N0948ULDABLE TRACTS TRACTS DESIGNATED WITH THE ACRONYM NBT ARE NON-B W LDABLE TRACTS THAT ARE NOT SUITABLE FOR DEVELOPMENT DUE TO UNAVAILABILITY OF UTILITIES MOOR ACCESS. SUCH TRACTS ARE RESERVED BY SEGALE PROPERTIES LLC, ITS SUCCESSORS & ASSIGNS FOR FUTURE DEVELOPMENT, PROVIDED 1HAT NO DEVELOPMENT SHALL OCCUR NOR WILL THE CITY OF TUKWILA ISSUE ANY TYPE OF DEVELOPMENT PERMITS UNTIL: A) THE PROPERTY OWNER El GRANTED APPROVAL BY THE an, OF TUKWILA TO REMOVE THE NDN.SUILDABLE TRACT STATUS BY GOING THROUGH A PLAT ALTERATION PROCESS PURSUANT TO RCW 61.17216; AND B) UTILITIES NEIACCESS THAT NEAT THE CITY OF TUKWILA'S ADOPTED STANDARDS ARE PROVIDED TO THESE TRACTS. THE CITY OF TUKWILA MANES NO WARRANTES, REPRESENTATIONS, OR GUARANTEES THAT AFUTURE SUBDIVISION, SHORT PLAT OR PLAT ALTERATION ADJUSTMENT APPUCATON WILL BE APPROVED. ANY FUTURE SUBDIVISION, SHORT PLAT ORPLAT ALTERATION ADJUSTMENT WILL HAVE TO COMPLY WITH APPLICABLE CODE PROVISIONS AT THE TIME Of SUBMISSION OF A COMPLETE LAND USE APPLICATION AND THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC. B. CITY STORM EASEMENTS STORM WATER UTILITY EASEMENTS, N THE LOCATIONS SHOWN ON THE PLAT, WILL 8E GRANTED TO THE CITY OF TUKWILA UPON REQUEST. 9, SECONDARY ACCESS AN EASEMENT FOR DIGRESS/EGRESS ACROSS LOT 23 SHALL BE RESERVED AND GRANTED FOR THE BENEFIT OF LOT 23 TO PROVIDE CIRCULATION BETWEEN LOT 23 AND THE SECONDARY ACCESS POINT ON LOT 22. THE EASEMENT S WALL BE AMENDED AT THE TIME OF SITE DEVELOPMENT OF LOT 22 TO REFLECT THE MSULT LOCATION OF THE SECONDARY ACCESS ROUTE. PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. 10. SECONDARY ACCESS AN EASEMENT FOR INORESSIEGRESS ACROSS LOT E SHALL BE RESERVED AND °RANTED FOR THE BENEFIT OF LOT 24 TO PROVIDE CIRCULATION BETWEEN LOT 24 AND THE SECONDARY ACCESS POINT ON LOT 26. THE EASEMENT SHALL BE AMENDED AT THE TIME OF SITE DEVELOPMENT OF LOT 24 TO REFLECT THE ASEUILT LOCATION OF THE SECONDARY ACCESS ROUTE 11. SURFACE WATER CONVEYANCE EASEMENTS LOTS 9 THROUGH 16, WHEN DEVELOPED, ARE REQUIRED TO CONVEY SURFACE WATER RUNOFF FROM ALL ADJOINING LOTS TO THE EXISTING PIPE STUB LOCATIONS CONNECTED TO THE TRUNK STORM SEWER IN SOUTHCENTER PARKWAY. EACH LOT SHALL BE ENCUMBERED WITH A COVENANT WHEREBY SAID LOT, IF UNDEVELOPED, IS ELDERS° TO ALLOW THE CONSTRUCTION OF A STORM WATER CONVEYANCE SYSTEM TO BE CONSTRUCTED ACROSS SAID LOT AT A MUTUALLY AGREED LOCATION, OR WIEN DEVELOPER PROVIDE CONNECTION POINTS TO ALLOW ABUTTING LOTS TO CONNECT TO THE CONVEYANCE SYSTEM PROVIDING DRAINAGE TO THE SOUTHCEMER PARKWAY TRUNK STORM SEWER 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 ONEITE AND OFFSITE TRIBUTMY AREA TO SAID LOT. IL SURFACE WATER CONVEYANCE EASEMENTS LOTS 22 THROUGH ES, WHEN DEVELOPED, ARE REQUIRED TO CONVEY SURFACE WATER RUNOFF FROM ALL ADJOINED LOTS TO THE EXISTING PIPE STUB LOCATIONS CONNECTED TO THE TRUNK STORM SEWER ALONG THE WEST EDGE OF LOTS 20 AND 24, EACH LOT SHALL BE ENCUMBERED WITH A COVENANT WHEREBY SAID LOT, F UNDEVELOPED, IS REQUIRED TO ALLOW THE CONSTRUCTION OF A STORM WATER CONVEYANCE SYSTEM TORE CONSTRUCTED ACROSS SAID LOT AT A MUTUALLY AGREED LOCATION. OR WHEN DEVELOPED, PROVIDE CONNECTION POINTS TO ALLOW ABUTTING LOTS TO CONNECT TO THE CONVEYANCE SYSTEM PROVIDING DRAINAGE TO THE SOUTHCENTER PARKWAY TRUNK STORM SEWER ALL CONVEYANCE AND CONNECTION PROVISIONS CONSTRUCTED OM ANY SUCH LOT SHALL BE OESIONED TO PROVIDE FLOW, AT A ME MUM, WITH THE CAPACITY FOR FULLY DEVELOPED ONSITE AND OFFSITE TRIBUTARY AREA TO SAID LOT. 13. OPEN SPACE TRACTS OPEN SPACE TRACTS ARE AREAS NOT SUITABLE FOR DEVELOPMENT. OPEN SPACE TRACTS WILL BE OWNED AND MAINTAINED BY SEGALE PROPERTIES LLC AND MAYBE CONVEYED TO AN OWNER'S ASSOCIATION N THE FUTURE. CONSTRUCTION OF PERMANENT STRUCTURES SHALL BE PROHIBITED ON OPEN SPACE TRACTS, PROVIDED TEAT LIMITED DEVELOPMENT OF TRAILS ANDNM OTHER RECREATIONAL FACILITIES, CONSISTENT YAM APPLICABLE CODES, LAWS AND REGULATIONS, SHALL BE ALLOWED. 14. EMERGENCY ACCESS EASEMENT AN INGRESS/EGRESS EASEMENT (5 GRANTED ACROSS LOTS 1347 TO PROVIDE CIRCULATION BETWEEN LOT 12.16 AND THE SOUTHCENTER PARKWAY ACCESS POINT ON LOT 17. THE EASEMENT SHALL BE AMENDED AT THE TIME OF SITE DEVELOPMENT OF LOTS 13.17 TO REFLECT THE AS.ULT LOCATION OF THE SECONDARY ACCESS ROUTE THE PURPOSE OF THE INORESSIEGRESS EASEMENT IS TO PROVIDE SECONDARY EMERGENCY ACCESS AND THE ACCESS ROUTE NEED ONLY BE OESIONED FOR SUCH PURPOSE. (L DEVELOPMENT AGREEMENT THE PROPERTY THAT IS THE SUBJECT OF THIS PLAT IS SUBJECT TO THE 2009 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC (KING COUNTY RECORDERS NUMBER 20090917000114). THE DEVELOPMENT AGREEMENT SETS FORTH OBLIGATIONS OF BOTH THE CITY AND SEGALE PROPERTIES LLC AND N 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. 111. SEPA THE CITY OF TUKIMLA SEPA RESPONSIBLE OFFICIAL HAS PREVIOUSLY DETERMINED THAT THE PROJECT CREATES A PROBABLE SIGNIFICANT ENVIRONMENTAL IMPACT AND REQUIRED PREPARATION OF AN EPMRONMENTAL IMPACT STATEMENT. FINAL ENVIRONMENTAL IMPACT STATEMENT IFEN) DATED JULY 7, 200E TOGETHER WITH THE DRAFT EIS DATED APRIL 6, 200E COMPRISE THE ENVIRONMENTAL IMPACT 5TAT5MEHR AS REQUIRED SY THE WA5HNOTQN STATE ENVIRONMENTAL POLI61' ACT (CHAPTER 43.21 REVISED CODE OF WASHINOTON). 17. THE CRY OF TUKWMUA HAS NO RESPONSIBILITY TO BUILD, IMPROVE MAINTAIN OR OTHERWISE SERVE THE PRIVATE ROADS OR PRIVATE STORMWATERFACIUTES LOCATED WITHIN THE PLAT AREA 18 FIRE, PARK AND TRAFFIC IMPACT FEES, M APPLICABLE, WILL 8E DUE AT THE TIME OF ISSUANCE OF ABUILDNG PERMIT. IS. ALL NEW UTILITIES SHALLCOL1PLY WITH TWEET,/ OF TUKWILA'S UNDERGROUND °ROMANCE. 20. FINAL STREET NAMES OF THE PRIVATE STREETS SMALL 8E DEC00D AT A FUTURE DATE AND SWAMI BE MUTUALLY AGREED ON BY THE CRY OF TUKWILA AND THE PROPERTY OWNER SEC CORNER MON IN CASE ROS 6509249023 FOU140 CONIC 440N DEC 2002 KEST 1/4 CORNER FOUND CONC. MON DEC. 2002 FOUND BRASS TACK IN CONC. RN CASE DEC. 2002 2604.68' a I CALCULATED CORNER PER PER ROS 8509299023 FALLS IN LAKE &jt S)...... I/4 CORNER MON IN CASE PER R05 8509249023 4.1 ^iA 4.0. SEC CORNER CONK MON PER FOS 6509249023 266352° CALL I615. 7' _ ''''':1 2663 76' R05_ N 6950'47' w rN 89'30'32" £ I/4 CORNER CALCULATED PER R05 8509249023 GRAPHIC SCALE ( IN FEET ) I Inch • 10001E HELD D0)0 ANGLE 005 20010315300006 N 50'30'19' w 792 59' CALCULATED 1/4 CORNER HOLDING REC. ANGLE FROM THE N w SEC. COST PER ROS 2001031590000E S 8T42';7- E _ 5 8T45",4' E 262< A' 4 �- 4t,,. 262S.99' FOUND BM . 0.0P. HC 17.7 f `?'3 M1i j CEG 20� f 4�* !1 I t i. f \b� ryO f Ris f . j f f fl iFOUN!i f 3MON 1 O T EE z1CR 77AS-8 I jryi3 fr I _ HELD F0DN0 LIONS i FOR 1801H ALIGNMENT 1325.13' N 8750t41' w 1325.05' REC FOR MIN PLANS HELD KENT ANGLE ^{o 89'20'06' FER KENYS SEC BREAKDOWN ON FILE YAMPW. _."- d.3 '„O•.i+ fPERC17YOF KEN A1E0 Ot t0 . Ot T { °n. A ( >Zt fi N 1YO SE BRASS 010 N CADEC 20K0 CALCULATED t/4 CORNER <72 67' 7'Q 1 FOUND SRASS MON 5 CONK 2726.57' 5875 '13"E DKP'Ej- 588Di'08"E L6 o/<ISis s J� 0, 9 1 A`L6'45 �L1 i N jf 3{ Go, !14N al z o41 1 1 Ke f 261 6 49' v TWP. e2 yQ97H { SOUTH 1/4 CORNER CALCULATED _ 26,6 N 8923'20" w 5212265 MEaS N 59 2320 w SEC CORNER CALCULATED 548'98C L 0 PER 01Y OF KENT RECORDS SECTION CONTROL DIAGRAM 05/30/17 CALCULATED SEC CORNER HOLDING CITY OF KENT ANGLE ARO DST FROM THE S.E SEC COT DONN 1 5 DEC 2010 EAST 1/4 CORNER FOUND COVC NON RN CASE DEC 2010 5 w SEC CORNER CALCULATED PER WY OF KENT RECORDS l PRELIMINARY PLAT TUKWILA SOUTH co w W 1 cr w� VJa LI w.. kJO./R.S.i POMO I`J B AS -NOTED SHEET 13 OF 43 7 84.4ET IQ J Attachment B TUKWILA SOUTH PRELIMINARY PLAT PRELIMINARY ENGINEERING PLANS VICINITY MAP NOT TO SCALE JUNE 2017 115 INDEX : ) COVER EX-1 1 PH-1 - PH-2 UT-1 - UT-2 SD-1 - SD-2 GR-1 - GR-2 GR-3 ACC-1 - ACC-2 C-1 - C-3 EXISTING TAX PARCEL DATA OVERALL PLAN AND INDEX PHASING PLANS OVERALL WATER AND SANITARY SEWER PLANS (NORTH AND SOUTH) OVERALL STORM DRAINAGE PLANS (NORTH AND SOUTH) GRADING PLANS (NORTH AND SOUTH) GRADING PLAN - EXISTING STRUCTURES INFO LOT ACCESS PLANS (NORTH AND SOUTH) PRELIMINARY ENGINEERING FOR: Segale Properties LLC, P.O. Box 88028, Tukwila, WA 98138, Tel.: (206) 575-2000 BY: Hugh G. Goldsmith & Assoc., Inc., Bellevue, Washington Engineers Surveyors Planners PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N., R. 4 E., W.M. AUNKLER BLVD. Plat Jane MI7‘0110Z=7X01Ay 0 Y00 400 400 200 10I NOTES: SCALE 1' - 400' ,_ E , - 1 I ' --.1.., 3;r0".4,1„ i 1 3523040013 \ �75 ( / // 3573049039 t (3523049090 \ \ 1 / / / ( /$� \ ( / 3523M9007 3523099057 / _ / �1 \ \ 35P0W9015 / / 10490135 23049009 7 ( 3523049034 ▪ ....��,` '� � �5 3▪ 523049017 35Z1049117 ) 3523049025 /� / 1 i50:iO10O61 / ' •� ,NT 1R A ET 5 1. HORIZONTAL DATUM NAD 83191 WASHINGTON NORTH ZONE HOLDING WSDOT MONUMENT HC-17-7. 2. VERTICAL. DATUM' NGVD 1929 THE VERTICAL CONTROL NETWORK HAS BEEN DEVELOPED OVER TIME BY SEGALE PROPERTIES LLC PERSONNEL AND WAS BASED ON CITY OF KENT BENCHMARK NUMBER 515 DESCRIBED AS TOP OF BOLT AT BASE OF THE LUMINAIRE AT THE SW CORNER OF WEST VALLEY HIGHWAY AND SOUTH 204TH ST. ELEVATION 25.42 FEET NGVD 1929 3. PROPERTY LINES AND SURROUNDING INFORMATION ARE SHOWN FOR GRAPHIC REFERENCE ONLY BASED ON KC. GIS DATA (DECEMBER, 2014 DATA) AND ARE NOT FIELD SURVEYED. 1 VI) 41) GOLDSMITH LAND DEVELOPMENT SERVICES 6215 I.40A.e SE 0elcn,.WA9Wa 04 1 P083545 0dw.e WA MIN T 4354426COO 91 5142770 4wv.Ruvr .w�nmn4,o n 3523049015 '� n. 90 352304 71 352304904D ` 7"* \ r LEGEND: ( 3623040059 PREL PLAT BOUNDARY 'I S 18001 ST / I 1222049015 3t� /\ \ 02220 9043 "'� � - 04Q091, I 3523019018 ` `362301907b . \ '30495 �` ` 92220400„ \1 0222048057 ' "�'� e M N 2049047 0022049009 ! \ I ( i \ ` 0322049090• 1 t \ ' I:=2W9092 f (i ���-- PRELIMINARY PLAT BOUNDARY PLATTED 01 ,t 100I.,..4.a,01r1011.0 DRAM/ HA• D61U+m PPP APPROVED- VG PELD.004. PAGE 4 0322049100 (I 0222049015 0222049015 0322019093 <0222049015 ( i f I `� J \( ' ,`r. N INDEX MAP NT5 SEGALE PROPERTIES LLC 4O 304 N0. 03102-3 CITY OF TUKWILA EXISTING TAX PARCEL DATA FOR TUKWILA SOUTH PROJECT WASHINGTON EX-1 i 2 ANOOVER PARK w SHT. UT-1 SHT. SD-1 St4PES SHT. GR-1 , SHT. ACC-1 s 47 AVE HAVE 'a) GOLDSMITH LAND DEVELOPMENT SERVICES []IS 1110k40E Sekva WA 980D1 I PO Ba. 2245. Se4Kc 2294980:7E T 42502210210 FOS 4627719 494w262697 mn G 4 tE AYE k k 5 4 40 AYE! 5 PORTION OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N., R. 4 E., W.M. LEGEND. 2 a EE Ave s AP AYE2 SHT. UT-2 SHT. SD-2 SHT. GR-2 SHT. ACC-2 ROTIED:OtN 124l44,142071460401459 01417 DRAWN NW 0451002 APPROVED. AK: RFiD 100K. PAGE r �Z—.4111111111111111111! 1 0 200 400 000 1200 NEM SCALE I - 400' akll CITY OF TUKWILA NOTES: PRELIMINARY PLAT BOUNDARY LOT NUMBER NON -BUILDABLE TRACT REGIONAL DETENTION TRACT SENSITIVE AREA TRACT 1. TOPOGRAPHY. EXISTING IMPROVEMENTS, AND CRITICAL Q AREAS ARE SHOWN PER:�� DATA CURRENT AS OF DEC. L J 2019 MANY GRADING AND SITE IMPROVEMENTS ARE COMPLETE OR IN -PROGRESS PER APPROVED f 9I ? SOUTHCENTER PARKWAY PLANS AND GRADING PERMIT, C..,) CITY OF TUKWILA PW10.064. 2. SAT (TRACTS) ARE SHOWN PER THE TUKWILA SOUTH SENSITIVE AREA MASTER PLAN (SAMP), SEGALE PROPERTIES LLC OVERALL PLAN AND INDEX FOR TUKWILA SOUTH PROJECT WASHINGTON .490 t.� Ica ND. 03102-3 1 PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N., R. 4 E., W.M. LEGEND: ice—z-45C Z—Q --«z—ems -•cam- z—Q PRELIMINARY PLAT BOUNDARY LOT NUMBER NON -BUILDABLE TRACT REGIONAL DETENTION TRACT SENSITIVE AREA TRACT PHASE AREA NOTES: 1. TOPOGRAPHY, EXISTING IMPROVEMENTS, AND CRITICAL AREAS ARE SHOWN PER BASE DATA CURRENT AS OF DEC. 2014. MANY GRADING AND SITE IMPROVEMENTS ARE COMPLETE OR IN -PROGRESS PER APPROVED `,-3 SOUTHCENTER PARKWAY PLANS AND GRADING PERMIT. ? CITY OF TUKWILA PW10-064 2 SAT (TRACTS) ARE SHOWN PER THE TUKWILA SOUTH SENSITIVE AREA MASTER PLAN (SAMP) <I> GOLDSMITH LAND DEVELOPMENT SERVICES 121S 11144 Ave SE 6-]fue. WA 9EODl I PO Boa 3S6S Woos_ WAR019 T 41596210EE f125ail 7/i9 wow plorolOantiveralocam ROTTED WV BRA.. asaanamesula Lin oRAw91 9M DEi1GMED• Of WORM 10G nun 63011 PACE• SEGALE PROPERTIES LLC Pew, 03102-3 CITY OF TUKWILA PHASING PLAN FOR TUKWILA SOUTH PROJECT WASHINGTON SMUT PH-1 PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N., R. 4 E., W.M. LEGEND: --r..�—Z—Q -•--z--Q -•mt3--z--Q -� —z 1 NMI U) SA1h 331 PRELIMINARY PLAT BOUNDARY LOT NUMBER NON -BUILDABLE TRACT REGIONAL DETENTION TRACT SENSITIVE AREA TRACT PHASE AREA NOTES: 1. TOPOGRAPHY. EXISTING IMPROVEMENTS, AND CRITICAL AREAS ARE SHOWN PER BASE DATA CURRENT AS OF DEC •}) 2014. MANY GRADING AND SITE IMPROVEMENTS ARE COMPLETE OR IN -PROGRESS PER APPROVED SOUTHCENTER PARKWAY PLANS AND GRADING PERMIT, • • CITY OF TUKWILA PW10-084. 2. SAT (TRACTS) ARE SHOWN PER THE TUKWILA SOUTH SENSITIVE AREA MASTER PLAN (SAMP) GOLDSMITH LAND DEVELOPMENT SERVICES 1215114mMee Eeknc WASS:Di I PO RED 35G5. Rdw.4.WAlR069 T 425 462 10E6 F 425 462 271E x enersk lri'+ eenrctuHH PUNTED. U N NANNO ANNWI n, lett DRAWN NW DESIGNED. VE APPROVED. EX PRO PAGE. SECALE PROPERTIES LLC K4Pm. 031 02 -3 CITY OF TUKWILA PHASING PLAN FOR TUKWILA SOUTH PROJECT WASHINGTON SHEET PH-2 r LEGEND: T WT STUB • FH `r FH STUB O OP enalommitLammemo - WT 57713 • fN T ,wsTus PROPOSED SANITARY SEWER LINE PROPOSED SANITARY SEWER STUB PROPOSED WATER LINE PROPOSED WATER STUB PROPOSED FIRE HYDRANT PROPOSED FIRE HYDRANT AND WATER STUB EXIST. SANITARY SEWER LINE EXIST. SANITARY SEWER STUB EXIST. WATER LINE EXIST. WATER STUB EXIST. FIRE HYDRANT EXIST. FIRE HYDRANT AND WATER STUB PROPOSED EASEMENT 0 GOLDSMITH LAND DEVELOPMENT SERVICES 12+51140 Arc SE &Am.. WA 96CC4 j PO 66. 2566. 66166s.WA49Rl9 7 4/S 4621010 F 43546227 49 446..166664Artronotemmorn PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N., R. 4 E., W.M. NOTE "• "' 4 1. EXISTING WATER AND SANITARY SEWER PIPE SIZES ARE PER THE APPROVED SOUTHCENTER PARKWAY PLANS AND AS -BUILT DOCUMENTS FOR 5 l 80th STREET (NOW 5 184th PL), 5 200th STREET AND ORILLIA ROAD 5. 2. PROPOSED WATER SERVICES SHALL BE SIZED DURING ENGINEERING DESIGN. 3. PROPOSED SANITARY MAIN LINES AND SERVICES SHALL BE SIZED DURING ENGINEERING DESIGN. 4. UNLESS NOTED, ALL PROPOSED SANITARY SEWER LINES LOCATED OUTSIDE THE RIGHT-OF-WAY WILL BE PRIVATE. APPUCANT INTEND EASEMENT TO CONNECT SEWER 0 EXIST. SEWER LINE IN KING COUNTY PARCEL ADJOINING TO THE NORTH. SEGALEPROPERTIES LLC WT STUB SS STUB WATER AND SANITARY SEWER PLAN (NORTH) FOR CITY OF TUKWILA TUKWILA SOUTH PROJECT 03102-3 WASHINGTON PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N -- Z---0!S 100 0 400 200 SCALE; Y . 200' NOTE: 1. EXISTING WATER AND SANITARY SEWER PIPE SIZES ARE PER THE APPROVED SOUTHCENTER PARKWAY PLANS AND AS -BUILT DOCUMENTS FOR 5 180th STREET (NOW S 184TH PL.), S 200th STREET AND ORILLIA ROAD S. 2. PROPOSED WATER SERVICES SHALL BE SIZED DURING ENGINEERING DESIGN. 3. PROPOSED SANITARY MAIN LINES AND SERVICES SHALL BE SIZED DURING ENGINEERING DESIGN. 4. UNLESS NOTED, ALL PROPOSED SANITARY SEWER LINES LOCATED OUTSIDE THE RIGHT-OF-WAY WILL BE PRIVATE. LEGEND: 0/0 IMP IMP SS WT T WT STUB •FH r FH STUB 4 ‘6•0 as ONINIIIIIIIM11110111111I • m "')1'7NSTUd PRELIMINARY PLAT BOUNDARY PROPOSED SANITARY SEWER LINE PROPOSED SANITARY SEWER STUB PROPOSED WATER LINE PROPOSED WATER STUB PROPOSED FIRE HYDRANT PROPOSED FIRE HYDRANT AND WATER STUB EXIST. SANITARY SEWER LINE EXIST. SANITARY SEWER STUB EXIST. WATER LINE EXIST. WATER STUB EXIST. FIRE HYDRANT EXIST. FIRE HYDRANT AND WATER STUB PROPOSED EASEMENT GOLDSMITH LAND DEVELOPMENT SERVICES INS 11491 A.. SF, firlevut WA 99094 1 1O Eu. 354S. 9e19we WA 4e001 T 42546210910 F4254627719 . ., _. m 1 1\ anims alma awe won. • / anr J SHT. C-1 WATER AND SANITARY SEWER PLAN (SOUTH) FOR TUKWILA SOUTH PROJECT CITY OF TUKWILA WASHINGTON UT-2 100 400 200 &00 SCALE. 1. • 200° EXIST. STORM DRAINAGE PRELIMINARY PLAT BOUNDARY SAT TRACT PROPOSED STORM DRAINAGE LINE PROPOSED STORM DRAINAGE STUB EXIST. STORM DRAINAGE LINE EXIST. STORM DRAINAGE STUB PROPOSED DRAINAGE BASIN GOLDSMITH LAND DEVELOPMENT SERVICES 121S 111Q+Aro SE 6deinp WA 9600. j PO 8a 756S, Beicwe. WA980G1 T 425462 t0E0 F 4254627719won/ .Fi..,..tu .=tlin PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC, 2 & 3, TWP. 22 N., R. 4 E., W.M. /LO7TED:a.a-me.0wnqu*MAT d V CITY OF TUKWILA SEGALE PROPERTIES LLC STORM DRAINAGE PLAN (NORTH) FOR TUKWILA SOUTH PROJECT 701 NO. 03102-3 WASNINGTON LEGEND: $D SD Lt3 PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N., PRELIMINARY PLAT BOUNDARY PROPOSED STORM DRAINAGE LINE PROPOSED STORM DRAINAGE STUB EXIST. STORM DRAINAGE LINE EXIST STORM DRAINAGE STUB PROPOSED DRAINAGE BASIN GOLDSMITH LAND DEVELOPMENT SERVICES 1215 111p, M SE Bei.. WA 9BG04 I PO kw 2565. Be4+¢. WA EE W 9 T RS 442 1E86 i ass 4E2 771E w.w,Eeite+A�sBr�evt�pyn ROTTED Ima ffiA.E. E. MAIM Iry DEAWE HIV DELCHED• E,E APPROVE/E. IuG REED EODL PACE •. PROPOSED STORM DRAINAGE, SEE SHT. C-I CITY OF TUKWILA SEGALE PROPERTIES LLC STORM DRAINAGE PLAN (SOUTH) FOR TUKWILA SOUTH PROJECT - SH7 C- I WASHINGTON 108 HO. 03102-3 SHEET SD-2 ---' ----------- .... 1 \ <RI // 1 ' // ..c., 1. TOPOGRAPHY, EXISTING IMPROVEMENTS, AND CRITICAL AREAS ARE SHOWN PER BASE DATA CURRENT AS OF DEC. 2014. MANY GRADING AND SITE IMPROVEMENTS ARE COMPLETE OR IN -PROGRESS PER APPROVED SOUTHCENTER PARKWAY PLANS AND GRADING PERMIT PW113-084. 2. SAT (TRACTS) ARE SHOWN PER THE TUKWILA SOUTH SENSITIVE AREA MASTER PLAN (SAMP) GOLDSMITH LAND DEVELOPMENT SERVICES IPS 11.441Pae*. &Sm. WA 9=4 PO Om 3565 DeDep.e. WA MD T 467 Dr0 F/IS 462 MP prpv• FINISHED GRADING (PAD ELEVATIONS) SHOWN HEREON LS A GENERAL DEPICTION OF GRADING AS SHOWN ON THE APPROVED PERMIT PW10464 PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N., R. 4 E., W.M. TOTAL. SITE AREA: t 380 ACRES CUT = 1.500.000 CY FILL = 2,400,000 CY ROTTED -Om wo.ROPP.P.DRo APPROVED uc DOD ROOK. PACE SEGALE PROPERTIES LLC GRADING PLAN (NORTH) FOR TUKWILA SOUTH PROJECT CITY OF TUKWILA WASH NGTON )0010. 03102-3 SHEET GR-1 i i EARTHWORK VOLUMES: TOTAL SITE AREA 3 380 ACRES CUT = 1,500,000 CY FILL a 2.400,000 CY LEGEND: I. • PRELIMINARY PLAT BOUNDARY NOTES: 1 1. TOPOGRAPHY, EXISTING IMPROVEMENTS, AND CRITICAL AREAS ARE SHOWN PER BASE DATA CURRENT AS OF DEC. 2014. MANY GRADING AND SITE IMPROVEMENTS ARE COMPLETE OR IN -PROGRESS PER APPROVED SOUTHCENTER PARKWAY PLANS AND GRADING PERMIT PW10-084. 2. SAT (TRACTS) ARE SHOWN PER THE TUKWILA SOUTH SENSITIVE AREA MASTER PLAN (SAMP), GOLDSMITH LAND DEVELOPMENT SERVICES IIkS I(41RArc ° ikerne Wfl 9112$ I Meat 7`.ES. &leis, WA 90 T <ly4El IOW F425462770g ti.we riterriluripecers corn PRELI ; PLAT BO FINISHED GRADING (PAD ELEVATIONS) SHOWN HEREON IS A GENERAL DEPICTION OF GRADING AS SHOWN ON THE APPROVED PERMIT PW10.064 100 400 0 ■ 200w� 600 CA.,E. 1. - 200' PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N., R. 4 E., W.M. Knew ubere below. Call before you dig. PLOTTED wu ION1,MR1U%tIIIt10 N DRAWN. RN DEIGNED W4 AAROVEP KEG PAGE I; ♦ CITY OF TUKWILA ♦ • 1 SECALE PROPERTIES LLC GRADING PLAN (SOUTH) FOR TUKWILA SOUTH PROJECT • 1 WASHINGTON IDe N0. 03102-3 SHEET GR-2 -�-z-Q A, DETAIL 'A' SEE SHT. GR-1 SCALE: 1" 50' LOT 37 7.81 AC. DETAIL 'C' SEE SHT. GR- SCALE: 1'=50' PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP, 22 N., R. 4 E., W.M. LOT SAT3 DETAIL'D' LOT 5 5.43 AC. SEE SHT. GR- 1 /GR-2 SCALE: 1'=50' DETAIL 'B' SEE SHT, GR-1 SCALE: 1"-50' LOT 6 5.80 AC. 0 DIMENSIONS FROht� RIGHT- F-WAY SOUTHCENTER PAR-RWAY w - -- s 1 DETAIL 'E' SEE SHT. GR-1 SCALE: 1SO' 5� ) GOLDSMITH LAND DEVELOPMENT SERVICES 121 S 1146 A.t 5L 9d,,ue WA 98004 I PO 9o. 356S. 8d,ww. WA 98009 r 473 462 4090 f4254627719 wwwprwwer..wYmm APPROVED WC ►AGEI SEGALE PROPERTIES LLC KM NO. 03102-3 GRADING PLAN - EXISITING STRUCTURES INFO FOR TUKWILA SOUTH PROJECT CRY OF TUKWILA WASHINGTON GR-3 PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N., R. 4 E., W.M. LEGEND. o D: 0 0 2 • • cp ' V (2, 407 4:1) GOLDSMITH LAND DEVELOPMENT SERVICES f213 I IPA Me SEeanue WA%COI 1 roe=3565 aamo WA9e 09 T 034621ee0 f4254627709 w»weocm mm 1"'1 Ca O O .10 DAWN Kw o m us APPROVED IDG PACE. CITY OF TUKWILA PRELIMINARY PLAT BOUNDARY . ACCESS POINT SAT3 SEGALE PROPERTIES LLC LOT ACCESS PLAN (NORTH) FOR TUKWILA SOUTH PROJECT WASHINGTON 1G No. 03102-3 ACC-1 SAT3 5 1- 1_. 07 N /' a1 �9 l 'CO GOLDSMITH LAND DEVELOPMENT SERVICES +01 S 1 tin,. SE 6,1, . WA920W ! FO Ss 3SES.SeReu.WAWO/ T 415462 020 F42S46377.1 t wireittryttto-fnettrottmm L gozg D SEC.2 & 3, SHARED NEW COMPoERCIAL DRIVEWAY DROP, TYP. SEE DTL SHT. C-3 PLOTTED file. mr9IOW Of a.trwu WE/17 DPAP91 HIV DESICt@. 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WATER LINE EXIST. WATER STUB EXIST. FIRE HYDRANT EXIST. FIRE HYDRANT AND WATER STUB PROPOSED STORM DRAIN — PROPOSED STORM STUB PROPOSED EASEMENT --0""•••C o so 00 000 300 SCALE 100' KEYMAP NTS Know whir. below. CaII t eion you dip. GOLDSMITH LAND DEVELOPMENT SERVICES 120 IE49Aw 3.„aele..e. W099001 I PO 9a 3563 Me.. WA90009 T 119162 1090 F125452 77+9 r,.wryksiW.e.792+9 .`mm SEGALE PROPERTIES LLC 03102-3 PRELIMINARY ENGINEERING STORM AND UTILITY CONNECTION FROM LOTS 26-28; SATS TUKWILA SOUTH PROJECT CITY OF TUKWILA WASHINGTON C-1 I f •ill•, s; olit, 1t f ry1 lfll ti8 !I11 11 IIN t\ lrl r 11 c/ 4 11� 1 I t ltilrb1 fttl I Itl lljl)p �ti11 Iftf11r IOC lit 111t1lit1i / Ittfl 114 4Iil l ti'tr l / 1111 ih 7 lr•il t l 111 } r1/l,rtt1 rlj1Ti1 R j //,//1t r/ 11I ilr/ I t i //// f 1 III III 141( ,/• . f�fr LEGEND: /r 1 CONyIEECT ATER TO 1ST.t, tit B r11 It /1 t ,f` % 't Iit j /r ri' 1ltiit t, �1 SS (iltk i to1r. I — ittIt.) WT I I{H )1� // i CONNECT NEW ACCESS R//D ST M' TO �CISJ C CH BASIN. / / ,tONNECT SSMH AT EXIST. STUB PRELIMINARY PLAT BOUNDARY \ PROPOSED SANITARY SEWER \ UNE PROPOSED SANITARY SEWER STUB PROPOSED WATER UNE -r W$TUB PROPOSED WATER STUB • FPI, PROPOSED FIRE HYDRANT 'r 1 ) PROPOSED FIRE HYDRANT r1, AND WATER STUB 1s ti it EXIST. SSNI14 Y SEWER LINE 1 I; W EKIST.•SANITARY SEWER STUB I ill. r r fV> ,, Nil 1 EXISTrWATER LINE lh7sn s , exist WATER STUB • fNtl c EXIST. FIRE HYDRANT S71/8 EXIST. FIRE HYDRANT AND WATER STUB PROPOSED STORM DRAIN PROPOSED STORM STUB .. PROPOSED EASEMENT Lot 16 603 AC. GOLDSMITH LAND DEVELOPMENT SERVICES I715, F41NMa SE.. Selma WA9BOG 1 0 Boa2565.B8,.e WA99029 T 425 462 F 425 462 77;9 w.e iW.tc.0 WATER STUB AND BLOW -OFF, TYP / LOT 9 6.74 A'C. PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N., R. 4 E., W.M. • ACCESS ROAD STORM IS FOR THE ACCESS ROAD ONLY. LOT DEVELOPED STORM DRAINAGE IS TO BE DIRECTED TO THE NORTH POND IN SEPARATE PIPED CONVEYANCE. / / LOT 15 S.70 AC. • / / / PRIVATE ROAQ ACCESS TRACT 1 1.30 AC. / / / / / / LOT 10 5.29 AC. 20 0 S' MCUT) t 4' CONCRETE S DEWALK 4' CRUSHED ROCK 80 COMMERCIAL DRIVEWAY DROP, TYP.. SEE DTI. SHT, C•3 40 FAST I' . 40' FIRE HYDRANT ASSEMBLY, TYP. / / 120 0 5' LOT 14 4.41 AC. 28' 54' MIN PI' MON. s' 5/w 0 5` 2005 200% IFLL) im =�=•_ .:.:...:::.../ 0 5' CONCRETE CURB AND GUTTER 3" CLASS '8' ASPHALT CONCRETE 6' CRUSHED ROCK 2' PIT•RUN BASE PRIVATE ACCESS SECTION NT! STUB AND CAP SANITARY SEWER TO PROPOSED LOT, TYP. LOT 11 4.09 AC. LEGEND. — ••— PRELIMINARY PLAT BOUNDARY CUL-DE-SAC w1PLRNTER ISLAND. ISLAND MAY BE ELIMINATED BASED ON INGRESS/EGRESS NEEDS OF ADJACENT LOTS, LOT 13 4.89 AC. SEGALE PROPERTIES LLC PRELIMINARY ENGINEERING PRIVATE ACCESS FOR LOTS 9-16 TUKWILA SOUTH PROJECT CITY OF TUKWILA WASHINGTON LOT 12 S.04 AC. xi Nn 03102-3 C-2 PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E., W.M. AND SEC. 2 & 3, TWP. 22 N., R. 4 E., W.M. a 0 __ If • t o1 LOT 33 11.31 AC. 1 ■ti t •• I are oil- LOT 21 10.96 AC. / CONNECT NEW7HCCESS /l -i / ROAD STORM' TO - EXIST, CATCH BASIN. LOT 25 5.20 AC. CONNECT WATER TO EXIST, STUB WATER STUB AND BLOW -OFF, TYP. • ACCESS ROAD STORM IS FOR THE ACCESS ROAD ONLY. LOT DEVELOPED STORM DRAINAGE IS TO BE DIRECTED TO THE SOUTH POND IN SEPARATE PIPED CONVEYANCE FIRE HYDRANT ASSEMBLY. TYP. LOT 24 6.65 AC. 42) GOLDSMITH LAND DEVELOPMENT SERVICES I215 114tt MS SF. PAPA*. WA 99001 1 PO km 3565 Belem. WA460W T 425 461 090 F 423 442 7719 Nww.Ie4ar4mvpr4.*4 4 4 `EXIST. STUB lJ TRANSITIONS TO MEET EXIST, INTERSECTIONS, TYP. PRSVA1 R4 .0 , ACCEIS TRACT 2 0.63 AC. COMMERCIAL DRIV DROP, TYP.. SEE 01 SHEET AY . THIS LOT 22 9.02 AC. _-" - STUB AND CAP SANITARY SEWER TO PROPOSED LOT, TYP. CUL-DE-SAC wIPLANTER ISLAND. ISLAND MAY BE ELIMINATED BASED ON INGRESS/EGRESS NEEDS OF ADJACENT LOTS. LOT 23 11.57 AC. r 1, • PLOTTEDN'JQ mole, I•BUMttrt'D 4' CONCRETE SIDEWALK 4' CRUSHED ROCK 0 5' (Cut) 5' S/w 05' 14' MIN. 14' MIN. S/w 0 5' 0 5' •�/ 2Oltt 2Ox 2 O`er `OS WILL) i` —z}t \\r: %�I-r.r:I.R_r • 'v`��-P \.'��JJ�I�I-r �!'r: r.,_/ PRIVATE ACCESS SECTION NTS PREMOLDEO EXP JOINT ITYPKAL) SWEw K S. -A • DEPENDS ON DRIVEWAY PROFILE IMAX GRACE IS RI 51 Y - S/S' CRYSHHD ROCK t` MN 0R MORE AS WRECT£0 CONCRETE CURS AND GUTTER 5' CLASS 'B' ASPHALT CONCRETE 6' CRUSHED ROCK ' PIT -RUN SASE 0 TOP OF CURB AT DRIVEWAY NOTES 5 S ALTERNATE SHOULD SE 4TSEt9 ONLY AFTER STOYIN003P ' 5'9 OF DRIVEWAYS. DRAINAGE, TOPOGRAPHY. MS DETAIL M ORNEWAY GRADER RIGHT OF WAY. ETC 2 DRIVEWAYSYWT1 HIGH VOLUNE(AB NDTFD BY CT'ENDINEER1MAY BE APPROVED FOR INTERSECTION TYPE ACCESS 3 TURNING 9ESTR1CT10N3 MAY BE MPl1FD IN THE COY ENOAEER 4 CONCRETE SHALL BE CABS 4003 S INSPECTION RIMMED BEFORE PtACNO CONCRETE AT LEAST 24 HOUR NOME MUST BE GWEJ4 TO TUKWILA PL UC WORD CE►ARTIrtNT FOR INSPECTION $ ALL ORNEWAY APRONS SHALL SB A MNSAR4 OF W THKK 7 WHERE DRIVEWAY MOTHS EXCEED IS'. At X SIT EXPANSHON JOINT SHALL BE RACED LONOITUOINALLY ALONO THE CENTERLNE. S. RUM/FIX SHALL SE PERFORMED NAFCJIo94PY'F WITH APWAAN0OOTMANS AND SPECJFICATONS OR ABOmow0D ay THE CITY OP TIAMNA AN ASPHALT APRON WY BE USED N AREAS WHERE NO CURB EXISTS, 10. REMOVAL OF BATING CONCRETE CMS. GUTTER OR somas STALL BE TO THE NEXT EAMH0ION JOINT. SCORE JOINTS MUST SE SAW MR AND REPLACED WITH AN WANSION JOINT COMMERCIAL DRIVEWAY CITY OF TUKWILA DETAIL DRAWING if RS-09 LEGEND; SS WT T WT STUB •FH FH STUB SS FFF — WTS7Uf • FN T FMSTUS SD PRELIMINARY PLAT BOUNDARY PROPOSED SANITARY SEWER LINE PROPOSED SANITARY SEWER STUB PROPOSED WATER UNE PROPOSED WATER STUB PROPOSED FIRE HYDRANT PROPOSED FIRE HYDRANT AND WATER STUB EXIST. SANITARY SEWER LINE EXIST, SANITARY SEWER STUB EXIST. WATER LINE EXIST. WATER STUB EXIST, FIRE HYDRANT EXIST. FIRE HYDRANT AND WATER STUB PROPOSED STORM DRAIN PROPOSED STORM STUB PROPOSED EASEMENT SEGALE PROPERTIES LLC PRELIMINARY ENGINEERING PRIVATE ACCESS FOR LOTS 22-25 TUKWILA SOUTH PROJECT CITY OF TUKWILA 0 EO 40 SCALE WASHINGTON SO MO 1'•40' SHEET 03102-3 C-3 41P Attachment C COLLINSWOERMAN TABLE OF CONTENTS Bane' PAGE NUMBER VISION 1 GUIDING PRINC P LAND USE ELEMENTS ..... 7 NATURAL. ENVIRONMENT15 INFRA.STRUCTURETIMING...... 19 DEVELOPMENT PHASING__ .. 21 APPENDIX A La Planta LLC TUKWILA SOUTH PROJECT MASTER PLAN mAy 200 VISION La Planta LL COLLINSWOERMAN TUKWILA SOU111 PROJECT MASTER PLAN MAY 20(1ti This Master Plan document defines the goals, objectives and vision of Segale Properties to transition almost 500 acres of mostly undeveloped property in Tukwila, Washington, to a memorable regional destination that can compete nationally and internationally for employers and goods and services. With nearly 500 acres of land five minutes from SeaTac Airport and adjacent to 1-5, the Tukwila South project site is the largest private development parcel in the greater Seattle area. Properly planned and implemented, the project will provide 25,000 new jobs and join the University of Washington, Microsoft and Boeing Everett as the region's fourth major,"non-Central Business District" employment center. It will become a major new urban node in the region and provide significant benefits to the city of Tukwila and improve the quality of life of its residents. Because of the sheer size of the site, the implementation of this vision will span many development cycles over 25 to 30 years. The initial value created by early development efforts will allow infill development in future cycles that will continue to build value for the property and increase density over time. The Tukwila South development strategy emphasizes multiple uses, including 5 to 10 million square feet of office technology / flex -tech space, 1 to 2 million square feet of goods and services, and 700 to 1,900 units of housing. These uses will be grouped in fine-grained, pedestrian -oriented districts. A well -planned multi -use environment will also help mitigate development risk as the markets for various uses fluctuate from development cycle to development cycle. y. _"1.....! The Tukwila South Master Plan's measures to protect and enhance the site's natural environment include the enhancement of Johnson Ditch into a fish -friendly tributary, the creation of back -water fish habitat in the Green River, and the restoration of a 32-acre wetland complex. The project's design will integrate its transportation infrastructure, develop shared parking concepts, and create internal natural environments with visual connections to the green amenity of its western hillside and the open space amenity of the Green River to the east. La r'ianta LLC COLLJNSWOERMAN TUICWIL.A SOI tl PROJECT MASTER PLAN .1 ( ?LOi THE MASTER PLAN AND THE CITY'S COMPREHENSIVE PLAN The Tukwila South Master Plan's vision and guiding principles mirror and reinforce those set out in the City of Tukwila's Comprehensive Plan. As described in this document, Tukwila South will substantially aid the City in creating "safe and secure places to live" and "an economy that provides jobs, ways to get around, schools, and recreational opportunities" all identified as core reasons for the creation of its Comprehensive Plan. The Master Plan also allows the City opportunities to satisfy the Growth Management Act requirements set out in the Comp Plan's introduction, including the identification of"Urban Growth Areas that can accommodate at least 20 years of new population and employment" and the identification and protection of"open space corridors of regional significance." Most importantly, it materially assists what is identified as the Comp Plan's primary charge: to preserve and enhance"Tukwila's long-term economic growth and community viability and identity." The Master Plan represents a rare opportunity to create a strong and appealing identity for the site itself and serve as a highly visible, memorable gateway to the city of Tukwila as a whole. Southcenter Parkway (57th Avenue 5) will be expanded and extended through the site in a new alignment; this will provide an improved connection to the area from the Tukwila Urban Center. Improved east -west access will be provided by realignment of S 178th Street; a future east -west access from Orillia Road to the site will also be developed to accommodate full buildout. Some modification of the western hillside will occur, but the majority of the hillside will remain untouched as an amenity. Portions of the hillside on the north end of the property will be graded and re-lansdscaped to accomodate the relocation of S 178th Street and to provide fill material for the project. On the south end of the site, north of S 200th Street, it is expected that portions of the hillside will be graded to accommodate development. Special design consideration will be covered by residential design guidelines to be developed and adopted prior to residential development. TUKWILA SOUTH PROJECT MASTER PLAN La Pianta L I C On -site amenities will include landscaped open space, plazas and courtyards, and a pedestrian/bicycle pathway along the Green River. Because the Tukwila South Master Plan is organized around a combination of campus -type research and office environments and districts, the quality of building design will likely be substantially higher than that found in the surrounding industrial and retail uses. Building design, construction, and materials will be of institutional quality, and coordinated through comprehensive urban design principles. The Master Plan is consistent with City goals calling for zoning and development regulations that encourage growth in certain areas, promote economic use of industrial lands outside the MIC, and retain large parcels in order to facilitate their efficient use. Tukwila South is one of the areas considered for new employment and residential growth in the Comprehensive Plan. A mix of uses will be oriented along Southcenter Parkway. The density of development on the site will support transit use and a secondary onsite street system will be developed with pedestrian circulation in mind, with features such as sidewalks and appropriate signage for pedestrians. The site will be organized around pedestrian -oriented circulation systems, with simplified vehicular circulation, to foster linkages within the campus(es). COLLINSWOERMAN GUIDIN La Pianta LI C COLLINSWOERMAN PRINCIPLES TUIONtI A SOUTH PROJECT MASTER PLAN DEVELOPMENT CONCEPT The Tukwila South Master Plan is intended to provide a framework to guide long- term development of the approximately 500 acre site and create the opportunity for an economic engine that would result in new jobs for the region. Between 10 and 14 million square feet of development will be created in a combination of campus office and research environments, and districts that will include retail, residential, hotel and recreational uses. Given its prominent Mt. Rainier views, location adjacent to the Green River and the Southcenter shopping district, the site offers the potential for a truly distinctive"signature"property. The underlying feature of the Master Plan is that larger campus areas will be positioned to accommodate national and international companies specializing in emerging technology industries drawn to a campus setting with expansion potential. A retail village on the north end of the site could contain a range of supporting retail, residential, hotel and recreational uses and will also serve as a gateway to the site from the Tukwila Urban Center. The close proximity to Sea-Tac airport and direct access to the regional transportation infrastructure network (1-5, 1-405, and SR 167) create multi -modal transportation options. In the development's campus environment, buildings will frame open spaces with central plazas and public gathering spaces. Pedestrian -oriented internal circulation and simplified vehicular circulation will promote ease of movement and foster a sense of integration while providing access to recreational, retail, restaurant, and hospitality amenities. Building design, construction, and materials will be coordinated through comprehensive design principles. The development concept for the overall site provides opportunity for between 10 and 14 million square feet of a mix of uses including those related to employment, housing, and goods and services. Table 1 shows the assumed range of uses for development scenarios of 10 million square feet and 14 million square feet. This buildout range and assumed mix of uses within the planning areas should be considered conceptual; ultimately, market forces will determine the specific level of development and the mix of uses over the long term. The potential locations of TABLE 1. ASSUMED RANGE OF USES FOR THE TUKWILA SOUTH DEVELOPMENT CONCEPT Use Description Range Office Technology / Flex Tech Goods & Services Housing* 5-10 million square feet 1-2 million 700-1,900 units Total 10-14 million square feet 'An average of 1,000 square feet per unit is assumed for general planning purposes. COLLINSWOERMAN LAND USE ELEMENTS the various categories of uses shown within the plans on the following pages are also conceptual and will be determined by market forces. Land uses related to employment could include, for example, research and development, office, light manufacturing, limited distribution, and hotel uses. Land uses related to goods and services could include retail and restaurant uses. Housing could consist of a mix of small -lot single-family, townhomes, and multifamily (rental and for sale) units. The natural boundaries presented by the hillside on the west and the Green River on the east drive the site's north -south orientation. The development concept features public and private amenities such as plazas, landscaped open space areas, and pedestrian/bicycle pathways that link the campus to adjacent areas. There will be opportunities for new public access to the Green River and connections to the existing Green River Trail. In the future, there may be a possibility for a pedestrian crossing to Briscoe Park. Alignment of Southcenter Parkway along the west edge of the site and further away from the Green River will afford greater opportunities for open space areas and public river access. The central and southern portions of the site will serve as the campus development's core, anchored by retail and service areas. Design guidelines will acknowledge and address residential uses to the west of Orillia Road. The northern end of the site will include a mix of employment, specialty goods and services and housing that will complement the central campus and reflect a dynamic urban character in its range of retail, residential, hotel, and recreational uses. The architectural scale of the majority of the campus, at buildout, will be three- to six -story structures with both surface and structured parking, with the possibility of heights of up to eight stories in denser, more urban - oriented areas. These structures will relate to each other in the context of the landscape, and their design and construction will be coordinated by comprehensive design principles. Development of individual projects will be subject to the City of Tukwila's permit process to ensure a coordinated approach to campus development, including access/circulation, open space and compatibility among uses. a Pianta LLC • UKWILA SOU1 H PROJECT fU4STEk PLAN I: ' WAY 209 Ij el . DESIGN PRINCIPLES Design principles are abstract representations of strategies that help guide development for the site. The principles identified in this document grew out of multiple charettes, discussions and meeting between consultants and the Segale family to help define the overall development framework for the Tukwila South property. GATEWAYS The Tukwila South property has an opportunity to highlight its most important points of entry as gateways. These gateways can be functional, symbolic, and memorable aspects for the property. These areas, defined as the yellow circles in the graphic, become the "front porch" for the project. 1 11TUKWILA SOUTH PROJECT 1v1ASTLR PLAN 61AY 2009 La Pianta LLC CREATING DISTRICTS Walkability is a key factor in establishing boundaries. There is a national standard for retail malls, which dictates the distance from anchor to anchor should be no more than a 10-minute walk. As represented by the orange circles, each district should be walkable. AMENITY SYSTEMS Amenities such as trails, plazas and open spaces are critical components to a project. Integrating multiple amenities creates "systems" that work together. Developable open space including green areas, hard - surfaced urban plazas, street parks, and pocket parks will be incorporated into the project; with pathways and wayfinding systems that help pedestrians navigate throughout the project. The opportunity exists to create trails to allow for runners, walkers and hikers to utilize the hillside's topography. CONNECTIONS The Tukwila South property has an opportunity to plan for future regional transit connections to Seattle Tacoma International Airport and regional mass transit to the north. The cities ofTukwila and SeaTac, the Port of Seattle and Sound Transit have undertaken a feasibility analysis to develop a people mover system from the airport light rail station through Tukwila South to the commuter rail station at the Tukwila TOD. Tukwila should continue to pursue such opportunities COLLINSWOERMAN HOUSING OPPORTUNITIES The diverse topography, location, views to Mt. Rainier, and market demands allow the Segale property to accommodate a wide variety of housing environments. This range could include a mix of single-family and multi -family units of low, mid and high-rise structures totaling 1,900 units across the site. %PiM iM►11444< FM LwN foam own Vita/ ►KMrdun6oAn Lila YL .wft, ay{ ham..e tatm rit of .4v 4 Credo lJasw Plum, .t'r7t�14/ IXNt 1141 Q.ri RN* OICivaad!motel Orta2or $tq Locations of uses shown on this plan are conceptual N and will be determined by market forces. LOW-RISE Structures 1 to 3 stories in height; including for -rent and for -sale units of single-family Tots, detached townhouses, and flats above retail. Low-rise units would be organized to create neighborhoods within the hillside and areas that are adjacent to the Green River. ggMaaivaltthNg i..l amitsowu + DPArtir PreptsoVe UO*11I11W Q%brim siopli*Gof.1 *thus gna, w' 414.40541 ► .1 tyW.IVbY •� hq.c Sat MID -RISE Structures 3 to 6 stories in height; including for- rent and for -sale units. Integration with goods and services allow for mid -rise units to integrate with a mix of uses. For example, possible configuration would include housing units constructed over retail. LAND USE ELEMENTS HIGH-RISE Structures 6 stories or greater in height; including for -rent and for -sale units. The opportunity exists for high-rise structures, most likely in the redevelopment of the Segale Business Park in the latter stages of the project's development. La Pianta LLC TUKWILA SOU1 i PLzOJECT STER PLA'i cog COLLINSWOERMAN RETAIL OPPORTUNITIES There are opportunities to attract and accommodate retail users in three diverse marketplaces: 1. Retail as a catalyst for the market. A one of a kind user is just that...one of a kind. There may be only one chance for this user to locate regionally, and this property has the flexibility to meet the needs of an end user that is currently not in the Northwest marketplace. Rolistltaar I n henct Rion Tom OM rrcntr Meow* word lholortrt ltrmrthta k tlrrdvt •q 'Kraal l alipwrev l Dail Cr4a 'Lod )balm CrLr 9kh <rao chit ard,..triw,ut Cook* Ala e) Locations of uses shown on thls plan are conceptual N and will be determined by market forces. 2. Retail as it relates to demand from the market. Current and future demand is for a grocery store -anchored village center with a collection of unique and general goods and services, with the ability to grow with market demands. Additionally, large-scale "big -box" area retailers may need more space and would move out of the city otherwise. � hraw7 Mk -..i 0w0y444 Iw 0 *moils Linea**, Guam NthW Shim 6aata !MO RETAIL VILLAGE The northern end of the site offers the opportunity to create a retail village that includes specialty retail and goods and services to support the proposed uses and the underserved surrounding neighborhoods. The success of the Tukwila Urban Center to the north and the realignment of S 178th Street allow for the retail village to represent the front door for the property. Uses are expected to include a grocery store, drug store, and smaller retailers that will serve the surrounding neighborhoods. A retail village on the north end of the site could contain a range of supporting retail, residential, hotel and recreational uses and will also serve as a gateway to the site from the Tukwila Urban Center. TUKWIL.A SO 11H PROJECT MAS1ER PLAN t MAY [su• La Pianta LLC J thitt�ta srr tN* IIN hrtMrw Iry.al SN 3. Retail as an amenity for the market. Addressing the demands of other uses within or surrounding the property that are complementary to the Tukwila Urban Center shopping district's. COLLINSWOERMAN RETAIL OPPORTUNITIES (CONTINUED) USES INCLUDE: Bookstores Video Stores Sporting Goods Clothing Stores Hardware Shops Grocery Stores Antiques / Art Galleries Jewelers Audio /Video Stores Furniture Stores Toy Stores Coffee Shops Florists Child Care Restaurants Drug Stores Residential Multi -family Financial Institutions Service Businesses Print Shops Real Estate Offices Travel Agencies Gas Stations Big Box Retail Medical/Dental Offices Leisure Entertainment Game Arcades Residential Units Movie Theaters Office Museum Studios (Art, Photography) Bowling Alley / Pool Hall Music / Night Club Sports / Exercise Club Restaurants Representative uses for the retail village, retail district, large-scale retail users, gateway retail and retail center. 1,41 4.0.1 cab Imo Urn n'w r,.mr ,. taw na+ PruNKLIondrav Vita arlv.ndw U4 Pnpwr_ Iviiqpmes,.f laMaai bawl, OwaoR`1. Cdauiaatrrrtrl C,rriq IUsf 4 Locations of uses shown on this plan are conceptual N and will be determined by market forces. gesi :wain'kW JOra vt bran iY RETAIL DISTRICT Adjacent to the"retail village; additional uses would allow for a synergistic multi -use environment for multi- family residential units, neighborhood retail, and office uses that are envisioned as a 24/7 urban environment. LARGE-SCALE RETAIL USERS National retailers not currently in the local marketplace or relocation of existing large-scale retailers looking for expansion opportunities. Additional smaller users and service users may be in this area. himmd ,,twat 44,.,I.4.4 Prima Merl". itio &melte 141helt 1494.73 In © tMwr.p6e GarUd Mson GATEWAY RETAILATORILLIA RD & S 200TH ST The intersection of Orillia Road and S 200th Street allows for the opportunity to create a retail gateway for the property due to the high visibility along Orillia Road. RETAIL CENTERATS200TH & SOUTHCENTER PARKWAY The intersection of the realignment of Southcenter Parkway and 5 200th Street allows for the opportunity to create a retail center that could serve the surrounding campus office uses. La Pi =,ita LLC LAND USE ELEMENTS TLjK,Aili_A SOUTH PROJFC T MASTEi? PLAN 1iAY 2009 COLUNSWOERMAN LAND USE ELEMENTS REGIONAL EMPLOYMENT OPPORTUNITIES Numerous areas on the site could accommodate national and international companies specializing in emerging technology industries drawn to a campus setting with expansion potential; a range of supporting retail, residential, hotel and recreational uses; adjacent amenities; close proximity to Sea-Tac airport; and direct access to the regional transportation infrastructure network (1-5,1-405, and SR 167) and multi -modal transportation options. Given its location adjacent to the Green River and the Tukwila Urban Center and its prominent Mt. Rainier views, the site offers such users the potential for a truly distinctive "signature" property. ,volt~ 144014 Moo cattiodo glom 11'Uty hwtr INV:snot ►bob ►nDaGbid*tot, it ru.it st tq► Poopoo : atn,,,.,,.t a,r. ttw / Cd1Ouaalrritu teen too tibia, 'kW ?Iwo, ttrtt •7u Locations of uses shown on this plan are conceptual N and will be determined by market forces. "To create a campus, there must be a cohesive environment, appropriate building placements that frame organized open spaces, logical pedestrian circulation to the core of the campus and simplified vehicular circulation. Access to amenities (restaurants, hotels, retail, etc.) that are close to the workplace allow for employees to shop during lunch hours or breaks without a car. This also allows employees to collaborate with other team members within the campus, as opposed to accessing their cars, which can be inconvenient; to interact with other parts of their business. Another consideration in the development of campuses is the regulation of the overall look of structures. Design standards allow for similar construction of residential, retail, or office buildings. The buildings will be uniform in their quality of design, construction, and material so that the development is cohesive in nature:' (Source: Mike Sheridan,"Urbanizing the Campus": Urban Land Institute, Nov/Dec 2001) TUV`JVILASOUTH PROiFCT MAS1F.R PLAN MAY ?ao. La Pi.. seta LLC Fasorwitelik 0 ,NTitaµit Jt.ta ® ra rho t...nrott,pwctnhtlt th,,,lorrob•Gntio4 Witco .... I ld4t IW 114,A4P411 mom hope, t USES INCLUDE: Professional Office Research & Development Hotels Day Care Facilities Parking Facilities Administrative Conference / Convention Space Medical and Dental Offices Residential Units Flex Tech Retail Restaurants Health Care Services Government Services Light Manufacturing Uses Service Commercial Business Services Representative uses for this district COLLINSWOERMAN SHORELINE USES The Tukwila South property's eastern edge is formed by the Green River, from S 180th Street along the north end, to 5 200th Street on the south end. Development within 200 feet along the Green River is regulated by the following shoreline regulations: RIVER ENVIRONMENT :THE AREA BETWEEN THE MEAN HIGH WATER MARK AND THE LOW IMPACT ENVIRONMENT, HAVING THE MOST ENVIRONMENTALLY PROTECTIVE LAND USE REGULATIONS The river environment will contain no uses or structures other than the following: public and/or private trails; recreation amenities such as benches, tables, viewpoints, and picnic shelters (not to exceed 15 feet in height); support facilities for pollution control such as runoff ponds and filter systems, provided they are at or below grade; information and direction signs; diking for bank stabilization, erosion control, and flood control purposes; bridges, fire lanes and dike maintenance roads; plaza connectors between buildings and dikes (not exceeding the height of the dike). The uses within the river environment will provide access and enhance pedestrian access along the river. LOW IMPACT ENVIRONMENT: THE AREA BETWEEN THE RIVER ENVIRONMENT AND 100 FEET FROM THE MEAN HIGH WATER MARK Uses in the underlying zoning district will be allowed; however, structures will not exceed 35'in height unless a variance is granted. HIGH IMPACT ENVIRONMENT: THE AREA BETWEEN 100 FEET AND 200 FEET FROM THE MEAN HIGH WATER MARK HAVING THE LEAST ENVIRONMENTALLY PROTECTIVE LAND USE REGULATION All uses allowed in the underlying zoning district will be allowed within the high -impact environment. COLLINSWOERMAN LAND USE ELEMENTS 0' 25' s'' La Pianta LLC I TUk. ,^ift A SC',J1, I PkOJECT MASTE ? PLA*`i i51 I D-3 1 GUIDING PRINCIPLES Communities are not instant creations of urban designers. They are places that grow and evolve as changing needs, opportunities and personalities contribute to their form. The best communities build on their history and background while creating a bold vision for the future. BACKGROUND The Tukwila South project represents an opportunity for the City to enhance its competitive position in the regional marketplace. At approximately 500 acres, the site's sheer size, combined with the consolidated land ownership, existing lower density uses, and proximity to the airport, it is certain to attract attention from national and international companies seeking expansion opportunities. The property currently contains 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 as it phases out its existing, lower - density uses. The Segale family has been systematically assembling property within the Tukwila South area for over 50 years. While there have been discussions about development and markets that could havefilled the property with many of the retail and industrial uses common to this part of the Valley, the land has yet to see its first significant development. The guiding principles developed for the project arose from the history of the Segale family, the natural beauty of Puget Sound and the site's key characteristics. With this background as our starting point, we have created the following ten guiding principles for the Tukwila South Master Plan. It is from these that our development plan has been conceived. Additional information on the background of these principles are located within the appendix of this Master Plan. COLLINSWOERMAN PRINCIPLE #1: LONG-TERM VISION The development of Tukwila South will be guided by a long-term vision that will create a different, more cohesive development pattern than if the property was developed on a parcel -by -parcel basis. A long-term vision requires a commitment to make decisions and investments that support its development. The Segale family has committed to this long-term vision and to building out the site's central infrastructure including temporary and permanent stormwater and erosion control, mitigation for environmental impacts, mass grading and relocation of the existing flood protection barrier dike as the initial phase. This investment will ensure the long-term plan is implemented. PRINCIPLE #2: CREATING A DESTINATION The Tukwila South project will become a regional destination. Tukwila South is a regionally visible site. The site is considered "close in" in real estate terms and is adjacent to one of the region's largest retail destinations. Many of the valley's residents and businesses move through or around the site daily. Its access and visibility from the valley and eastern edge neighborhoods make it a natural regional destination. The site's initial value is enhanced by its proximity to significant regional investments such as SeaTac Airport, the Southcenter retail district, and 1-405,1-5, SR 167 and many other local arterials. The Master Plan will ensure these assets are leveraged. La Phoita t LC ti TII_A SO U1 H PROJECT MASTER PLAN t h1n' 2009 1' PRINCIPLE #3: BUILDING VALUE Development decisions will be weighed by their ability to maximize the site's potential to create value. Tukwila South's full potential can only be reached through the implementation of a long-term strategic vision that uses each newly -developed parcel to lift the value of the remaining parcels. This vision and Master Plan will span many development cycles. Early developments will include low-cost surface parking lots and lower density commercial uses that will allow room for future infill development and redevelopment when structured parking makes economic sense. As the value of the land increases, redevelopment of surface parking lots and infill sites will follow to maximize future density. This can only occur because a significant share of the site is in single ownership. At just under 500 acres, Tukwila South could include regional employment, housing, and goods and services. Multi -use districts will allow many of these uses to work together by sharing infrastructure, parking, and access. These districts will enable the creation of a highly desirable, fine-grained pedestrian environment. When housing, jobs, and goods and services are located appropriately, a community is created. PRINCIPLE #4: MULTI -USE Tukwila South will include employment, goods and services, and housing. The project will be multi -use and include a wide range of businesses instead of focusing on industrial and retail users. Residential is also being considered to bring additional vitality to the area. A development strategy that emphasizes multiple uses will increase the rate of development and create a more desirable environment for each use: retail supports housing and jobs, housing supports retail and jobs, jobs support retail and housing. This diversity of uses will support the creation of destination districts, increase the project's overall value, and enhance the vitality of the city of Tukwila. The market value of office and hotel uses will be increased by having retail and restaurant uses nearby. A well -planned multi -use environment will also help mitigate development risk as the markets for various uses fluctuate from development cycle to development cycle. Careful consideration of use adjacencies is essential to ensure efficient sharing of TU1<'A!LA SOUTH PRO !I- c:T MASTER P1 AN Ar Jiac La Piao,a LLC amenities, parking and infrastructure. Initial planning configurations must also keep future infill development opportunities in mind to ensure judicious use of each square foot of the project's land. PRINCIPLE #5: INCREASING DENSITY OVERTIME Tukwila South will be planned to accommodate increased density over time. As noted in the discussion of Principle #3, the surface parking lots dictated by today's market opportunities for employment, goods and services, and housing will provide the basis for each developing district, enabling its evolution over time into a denser environment. With each development, the district will become more desirable. This increase in value will allow infill development in the early -phase parking lots and redevelopment of lower density commercial uses. Early -phase uses must, therefore, be carefully chosen to complement each other and serve as engines for future development. It is essential to pick the right retailers, the right employment clusters, and the right mix of housing to create the synergy necessary to allow all of the uses to thrive. PRINCIPLE #6: QUALITY ENVIRONMENT Tukwila South will create a memorable and regionally identifiable place. Tukwila South will build on the Northwest tradition of quality outdoor environments by integrating its iconic outdoor spaces with high quality indoor spaces. Quality building materials combined with traditional Puget Sound building elements (canopies, lush landscaping, etc.) will create memorable and regionally identifiable environments that help attract world - class talent. Growth in the regional economy is expected to come in four major sectors: aerospace, life sciences, information technology, and trade and logistics. Due to its size and location, Tukwila South is perfectly situated to bring these new types of jobs to the city of Tukwila. COLLINSWOERMAN Because these businesses need to attract the best and brightest, they demand a very high quality work environment. Tukwila South offers the opportunity to live and work in a single location, increasingly associated with a high quality of life. Beautifully designed public spaces will be required to connect jobs with goods and services, and goods and services and jobs with housing. The people who work at Tukwila South will want a development environment that is clean, safe, well organized, and convenient. More than that, like many who live and work in the Northwest, they value quality outdoor environments. Tukwila South's outdoor and indoor environments will be integrated wherever possible, and the project's amenities will provide a variety of on -site recreational opportunities and connections to the site's outdoor environments. The buildings and the spaces between the buildings will be designed to work together. Institutional - quality building materials and landscape design will support memorable buildings that become Tukwila South's image in the Puget Sound. Establishing clear boundaries and gateways for the project will help define Tukwila South in its environment. PRINCIPLE #7: CONNECTIONS Tukwila South will connect externally to neighboring and regional assets, as well as internally by connecting its districts and their uses. The Tukwila South Master Plan connects the project to its surroundings on many different levels: — Extending Southcenter Parkway through the site to S 200th Street not only connects the property to regional infrastructure, but allows efficient circulation for the site's users and creates a new gateway to the Tukwila Urban Center. — Relocating S 178th Street connects adjacent neighborhoods to Tukwila South's new neighborhood goods and services and provides an access point with greater capacity and safety. COLLINSWOERMAN — Selecting retailers compatible with Southcenter's existing tenants will allow Tukwila South to connect to Tukwila's reputation as a regional retail center. — The five-minute connection to SeaTac Airport will draw airport tenants, travelers and businesses seeking international relationships to Tukwila South. A future non -auto -based transportation link will further enable the growth of airport -dependent users. — Providing pedestrian connections throughout the project — from district to district, district to trails and amenities, and district to surrounding neighborhoods — will encourage non -auto -based trips and attract residents and employers. — Strategically locating public parking will create a "park -once" environment that makes it easy for pedestrians to connect to site amenities, goods and services, jobs, and housing. PRINCIPLE #8: AMENITIES Tukwila South will create a comprehensive amenity system that leverages the site's assets. The Tukwila South project is perfectly positioned between two of the area's most striking natural amenities: the wooded hillside to the west, and the Green River to the east. Each of these offers almost unlimited recreational opportunities, as well as views of the river valley and Mt. Rainier. The appropriate mix of goods and services on the site will be viewed as an amenity to housing and office users that will allow Tukwila South to be highly competitive in the Puget Sound marketplace, and the pedestrian quality of the project's secondary road system will foster an activated streetscape that will make Tukwila South highly desirable. Finally, the Master Plan will ensure the site's access to nearby amenities such as SeaTac Airport and Tukwila Urban Center's retail hub will be easy and convenient. La Pianta L LC TUKvWILA SOUTH PROJECT P IAS ( ER PLAN f1 20C•9 PRINCIPLE #9: IMPLEMENTATION STRATEGY Development must be strategically phased to successfully transition Tukwila South from an agricultural and industrial property to an urban destination. While many of the site's infrastructure and planning features will be designed and built in the initial phase, flexibility must be maintained throughout the vertical development of the districts and the secondary roadway and amenity systems. This flexibility is required to meet changing market conditions. The Infrastructure Development Phase is expected to take three years and is scheduled for the years 2006-2008. At the end of this phase, all of the site's spine infrastructure will be in place. Discussions with potential tenants and development partners have been ongoing concurrent with the planning and infrastructure development efforts. Completing the site's infrastructure all at once will create a sense of certainty about the development's future. The site's first new tenants will take occupancy soon after the completion of infrastructure development. PRINCIPLE #10: ENVIRONMENTAL STEWARDSHIP The Tukwila South project has a huge stake in protecting and enhancing the site's natural environment. The Segale family takes its role as stewards of Tukwila South's environment seriously not only because it is the right thing to do, but because sustainable projects have greater market acceptance. Environmental enhancements include: Protection and enhancement of pasture wetland and improvement of ditches conveying natural drainage into streams capable of supporting fish rearing and creating nearby flood -flow refuge"fish habitat within the Green River channel. Tributary stream fish habitat with associated restored wetlands and flood flow refuge on the Green River mainstem were historically present throughout the lower Green River basin, but are now missing and therefore habitat -limiting for fish and a variety of wildlife. r TUKW LA SOUTH PROJECT ,.IAS1 R PLAN MA'( 2OU? La Pianta LLC Provisions for the re-creation of valuable habitats out of degraded agricultural ditches. In the process, the aquatic habitat enhancement plan will mitigate for filling peripheral and isolated wetlands and ditches now located in active croplands. — Enhancement of Johnson Creek into a fish -friendly tributary connected to the Green River. — Creation of back -water fish habitat in the Green River. — Restoration of a wetland complex of approximately 32 acres associated with the tributary drainage of the Green River that was historically present, but now absent in the basin. Sustainable planning concepts will include: Integrated transit environments — "Park -once" site organization and pedestrian environments Shared parking concepts Redevelopment of surface parking lots Creating internal natural environments with visual connections to natural amenities COLLINSWOERMAN { ( COW NSWOERMAN LAND USE ELEMENTS La Tlanta LLC TUKviLA SOO Ill fkO it CT MASTER PLAN MAY 2009 COLLINSWOERMAN NATURAL ENVIRONMENT La Pianta LLC TUKWILA SOUTH PROJECT MAS1 ER PLAN inAy 2009 NATURAL ENVIRONMENT INTRODUCTION The Tukwila South property is defined by a steep hillside to the west and the Green River to the east. Concentrated wetland areas and agricultural ditches are found throughout the property's valley floor. Due to the space constraints set by the hillside and the Green River, some of the wetlands and ditches will be impacted in order to achieve project objectives. Due to these impacts, this section summarizes the proposed enhancements and open space network for the property. OPEN SPACE NETWORK — The concentrated area of pasture wetland will be protected and enhanced, in combination with improving the associated ditches conveying natural drainage into streams capable of supporting fish rearing and creating nearby"flood-flow refuge"fish habitat within the Green River channel. — Tributary stream fish habitat with associated restored wetlands and flood flow refuge on the Green River mainstem were historically present throughout the lower Green River basin, but are now missing and therefore habitat -limiting for fish and a variety of wildlife. — The Master Plan will provide for the re-creation of these valuable habitats out of degraded agricultural ditches. In the process, the aquatic habitat enhancement plan will mitigate for filling peripheral and isolated wetlands and ditches now located in active croplands. — If residential uses occur on the site, neighborhood parks or access to existing parks in the area will be provided. Existing Johnson Ditch, looking west COLLINSWOERMAN Existing agricultural uses along S 204th Street, looking northeast Existing agricultural uses along the Green River, looking south Atte A ✓9rnA.iywi'i,�ePesw.M ^—. 61r.1tY Wm* I swab tf.r.11 erwme ti tnAlY 11 i1WN 4..1 Y Overall Natural Environment Enhancements (O00) pen Space Network) ,_ , hairo — Work with the City of Tukwila to build / create a pedestrian bridge from the property to Briscoe Park and the Green River Trail network. — Enhancement of Johnson Creek into a fish -friendly tributary connected to the Green River — Creation of back -water fish habitat in the Green River — Restoration of a wetland complex of approximately 32 acres associated with the tributary drainage of the Green River that was historically present, but now absent in the basin — Preservation of approximately 50-60 acres of hillside along the western valley wall HILLSIDE — Portions of the hillside on the north end of the property will be graded and re - landscaped to accommodate the relocation of S 178th Street and to provide fill material for the project. — On the south end of the site, north of S 200th Street, it is expected that portions of the hillside will be graded to accommodate development. Special design consideration will be covered within the design guidelines for this area. La Pianta LLC TUK<WILA SOUTr+ PRO.! CT !MASTER PLAN fi .IAY 20r`0 SENSITIVE AREA MASTER PLAN The Tukwila South Project Sensitive Area Master Plan Overlay (SAMP) will result in greater environmental benefits than could be achieved under standard TMC Sensitive Areas Ordinance (SAO) provisions. The Tukwila South project site is uniquely suited to provide substantial local and regional habitat benefits. The site contains Johnson Ditch, a degraded tributary to the Green River, that could be restored to functioning fish habitat. Johnson Ditch is adjacent to over 30 acres of poor -quality wetlands now in cropland production that could be rehabilitated as habitat. The project is adjacent to the Green River where it is confined within levees that have eliminated most off -channel habitat necessary for anadromous salmon, affording an opportunity to create this type of habitat, which regional Green River studies have identified as a high priority for salmon population restoration. The purpose of the Tukwila SAO under TMC 18.45.010 is to protect the environment, human life, and property; to designate and classify ecologically sensitive and hazardous areas and protect these areas and their functions and values; and to allow for reasonable use of public and private property. By using the Master Plan provisions of the SAO, the Tukwila South project developed a proposal consistent with project function and needs, substantially enhancing regional fisheries and wetland functions, and preserving water quality. The net gain in environmental benefits using the SAMP is far greater from both within -site and regional habitat benefits than could be achieved using standard TMC SAO provisions. iUKWII A SGIlTH 1,ROJEC f MAS FER PLAN MAY 2009 La Pianta l I C By focusing on creating a net environmental benefit as promoted by the SAMP Overlay Provisions, rather than on mitigation using like -kind and avoidance measures emphasized by standard TMC SAO requirements, the Tukwila South project will convert poor quality agricultural ditches and poor quality agricultural cropland wetlands into higher quality fish habitat and associated wetlands. Rather than avoiding or retaining ditches providing little or no fish access and impairing the quality of water delivered to the Green River, the project will create a out - migration holding, summer rearing, winter refuge, and upstream migration holding fish habitat in the Green River. The need for this type of off -channel habitat at this location is recognized by the Green River Habitat Limiting Factors Analysis for Washington Resource Inventory Area (WRIA) 9. Rather than avoiding Johnson Ditch and leaving it and poor - quality buffers in place as required under standard TMC SAO provisions, the project will relocate and restore Johnson Creek in a larger channel with greatly enhanced fish passage to the Green River through a fish passable floodgate, further opening up off -channel habitat now regionally limiting to anadromous and resident fish in the Green River. The SAMP calls for the project to rehabilitate more than 32 acres of degraded cropland wetlands and connect them in a habitat corridor through the Johnson Creek channel to the Green River. Existing conditions COLLINSWOERMAN FLOOD PROTECTION Relocation of the flood protection barrier dike from S 196th Street to the southern boundary of the site (approximately 120 to 140 feet north of S 204th Street) will create contiguous buildable area and allow development of a large-scale campus environment. At its existing location, the flood protection barrier dike precludes development south of the dike due to the infeasibility of obtaining flood insurance. The flood protection barrier dike will be relocated in the initial phase of the project and will provide emergency flood protection to the entire site. It will extend from the Green River levee, across the valley at a corresponding elevation (35 feet). As indicated, the relocated flood protection dike will separate the proposed realigned Johnson Creek and wetland rehabilitation area (described below) from the developed portions of the site, and will provide for continuation of the existing hydrologic support to these areas. bWn4Mr Arno .40int sttti Prreint y.wtttti Pi* Rw C.Ft/t9t•St ytetti gMiyr 1a911saC+tsl �a !«vt.yltwt ./ ON AfN N.eF VI.C.t►t.n dlntr GKlen Arts r EXISTING SROUND (TYPICAL) ***Apr* lien e..- nrwt.r...tee.+trt.s 1:-.1 =short A te.nittb4 pndrlnth w .pm I.m}1a16t11 0,.t1,w,ut0064 till Lis b i4. b♦1..... RELOCATED rLOOD PROTCCTtON RRRMER APPRDX FILL TO ntKF EXIST I4G e%"— SITE GRADE dm vOiiusrov oirC�11 34 .o f Cross section of relocated flood protection barrier dike and relocated Johnson Creek COLLINSWOERMAN PROPOSED JOI-I'tSON CREEK 0I1WM S7,2011)1 Sit " ROW 1, w to to The flood protection barrier dike will be relocated in the initial phase of the project and .Aloa_tld provide emergency flood protection to the entire site. ': r4 KRp'a.+tt otPe • eR 8* •'. Plan view of relocated flood protection barrier dike and relocated Johnson Creek La Pianta LLC *MN 100,15414 ptFOt .L.Ctt-tti "H pl?S. 3 TUK;'dILA SOUTH PROJECT MASTER PLAN ktA7 2609 HABITAT PROTECTION The Tukwila South Master Plan includes a number of activities that have the potential to directly or indirectly affect fish. These include: — Extension and expansion of Southcenter Parkway — Realignment of S 178th Street — Relocation of the existing flood protection barrier dike - Cconstruction of one new stormwater outfall into the Green River — Relocation of a portion of the Green River levee and construction of a new off -channel rearing area for salmonids — Relocation and enhancement of Johnson Ditch including a new stream outfall location — Filling or culverting of five fish -bearing agricultural ditches — Mass grading to increase site elevations Section 18.45.160 of the Tukwila Municipal Code (TMC) provides an alternative method for preservation of existing individual wetlands, watercourses, and their buffers in situations where a master plan for alteration and mitigation would result in improvements to water quality, fish and wildlife habitat, and hydrology beyond those that would occur through strict application of the provisions of the TMC. The proponent for the Tukwila South project will develop the site and mitigate environmental impacts under a Sensitive Areas Master Plan (SAMP) as allowed by the TMC. TUKtfVILA SOUTH PROJECT MASTER PLAN MA! 2009 La Pianta LLC WATER QUALITY The construction and developed conditions water quality evaluation concluded there is a reasonable expectation of preserving or slightly enhancing most aspects of water quality important to fish habitat. The quality improvements are expected from enhanced riparian functions and reduced agricultural chemical use. While fecal coliform and zinc concentrations may increase slightly, coliforms do not affect fish habitat quality, and the level of zinc would be well below the level regarded as safe for freshwater aquatic life by the State of Washington. FISHERIES Under the SAMP, the Toss of agricultural ditches would be mitigated by rehabilitation of wetlands and creation and enhancement of stream channels. The natural landscape would have approximately 3.8 acres of additional open -water habitat compared to existing conditions. About 4.5 acres of new open -water habitat would be created at the Green River Off -channel Habitat Restoration Area and 0.34 acres at Johnson Creek to mitigate fill of 1.07 acres of agricultural ditch. In addition, approximately 32.4 acres of wetlands associated with Johnson Creek would be planted and graded to enhance functional benefits, and new riparian buffers would be created adjacent to each open water area where none exists near watercourses under existing conditions. IAA.OSEZ 1C'�t4 IN': !Ou J�- IPA xivl %1.t 4114,.i[4 E�tt 1' f C. VW., GtOtI 1— wayttt� +n SFCTIO`J F3 6 SECTION A - Green River Habitat Creation Area (Cross Section) COLLINSWOERMAN • COLLINSWOERMAN INFRASTRUCTURE TIMING La Planta LLC TUKWILA SOUTH PI,0 )(CT MAS1 ER PLAN NI a ( 7009 INFRASTRUCTURE INTRODUCTION The Infrastructure Development Phase is expected to take three years (currently projected for the year 2006-2008 time period), and will include the following elements: Implementation of a mass grading program to establish site grades and construct the major infrastructure elements — The extension and expansion of Southcenter Parkway in a new alignment along the base of the western hillside through the Tukwila South planning area — Realignment of S 178th Street to intersect with Southcenter Parkway at Segale Park Drive C — Installation of sanitary sewer, water, and other utilities within Southcenter Parkway — Relocation of the existing flood protection barrier dike from S 196t" Street to the southern boundary of the site (north of S 204th Street) — Installation of a temporary construction stormwater management system, including a polymer treatment system for stormwater runoff — Installation of a comprehensive permanent stormwater control and water quality system for the entire site, including two new stormwater outfalls into the Green River — Implementation of a natural resource mitigation plan, of which the primary features include: creation of an off -channel habitat restoration area adjacent to the Green River; rehabilitation of a wetland complex associated with tributary drainage to the Green River; and restoration of Johnson Ditch into a fish -friendly tributary connected with the Green River — It may be necessary in the future to relocate an existing fire station closer to the project, or within the property. SOUTHCENTER PARKWAY & S 178TH STREET REALIGNMENT The location of the expanded Southcenter Parkway is a critical element of the Master Plan. The goal is to move the new alignment toward the toe of the eastern hillside. This creates the largest contiguous parcels for development, and allows travellers on Southcenter Parkway to not only experience the development, but the hillside as an amenity and open space. This location for the high -capacity boulevard also allows space for a secondary road system that will create additional transportation capacity as the project develops. S 178th Street will be realigned for better east- west circulation and enhanced safety. INFRASTRUCTURE GRADING PLAN The Tukwila South Master Plan proposes to establish site grades as part of an overall mass earthwork program at the outset of Year 1. On -site movement of approximately 1.5 million cubic yards of earthwork would be necessary to establish site grades and for construction of major infrastructure components. A temporary access road under S 200th Street would be constructed to facilitate transport of material between the north and south portions of the site. The major areas proposed for excavation include the northwest portion of the site and the proposed Green River Off -Channel Habitat Restoration Area. Major fill areas for the excavated material include the new site for the flood protection barrier dike and the other areas across the site to establish the sub -grade for future development. It is anticipated that approximately 400,000 cubic yards of imported fill would be required. Beginning in the second year of construction, an additional approximately 500,000 cubic yards of clean fill dirt would be imported for preloading and to establish finished grades, as needed for specific development projects on the site. The mass earthwork program would accomplish the following goals: — Balance the movement of earthwork on -site as much as practical, and limit the degree of import and export of material from the site. — Establish cohesive sub -grades for the planned extension of Southcenter Parkway and S 178th Street realignment. — Provide a feasible subgrade for future site development under the Master Plan. — Ensure a cohesive elevation for the planned utility connections (e.g., wastewater) to allow drainage to stormwater control and conveyance facilities. — Allow installation of the comprehensive stormwater control system that is intended to serve the site at full buildout. — Allow relocation of the flood protection barrier dike. — Allow implementation of key features of the proposed natural resource mitigation plan in the initial phase. By the year 2008, construction of the first phase of development will have begun. The extension and realignment of Southcenter Parkway will be finished, mitigation for environmental impacts will have been constructed, and all of the stormwater detention and water quality infrastructure will be in place. La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN �I ., c9 I ran! 2fl COLLINSWOERMAN 6 COLLINSWOERMAN DEVELOPMENT PHASING La Planta LIC TUKWILA SOUTH PROJECT MASTER PLAN MAY 29(19 THE STARTING POINT The Tukwila South project has the opportunity to transition the property from an agricultural and industrial property to an urban destination that will attract users and visitors beyond those who live and/or work there. The synergistic mix of uses and the full range of planned activities will allow the Segale family to build a community over time. While we believe this property will develop in phases, the market may require that development occur in multiple locations at the same time. This is why the commitment was made to develop the infrastructure first. This will allow the property to address the total market from Day One. WciAtItstot lnt l.,E ta.rr Male 'WO n3, '19A5441 F4o 7yv.iaf j..4N J4 ew.4.as • 1f .41.44N1 161,4111e0.1419' i11M.M ri1.4 Grtnf7rrt xtir.v na.tm et.tm. wt. E. ixc Fael '{Ito• Locations of uses shown on this plan are conceptual Nentee) and will be determined by market forces. THE STARTING POINT - PHASE 1 Due to the proximity of the Tukwila Urban Center, current market demands indicate a need for neighborhood -oriented retail. It is likely the first phase of development would occur on the north and central portions of the property. COLLINSWOERMAN nQ.. 4,8lt/d 444 f'•niUi frdetsw Gnn.d 411.W. lishrotscable crWdltE+wr j %Coo ' * M4412 )h THE NEXT STEP - PHASE 2 Expansion and market demands will allow the campus environment to expand to the south toward S 200th Street. DEVELOPMENT PHASING Conceptual Phase 1 Development Program 200,000 sf Retail -Grocery Store -Drug Store -Restaurants -Dry Cleaners -Deli -Neighborhood Services 200 Residential Units Up to 250,000 sf Office and Research & Development THE FINAL STEP - PHASE 3 Due to the existing uses within the Segale Business Park, it is likely this area would be the last to redevelop. La P • nta LC TU '^ .A SOUTH F'RO ' CT "ASTER PLAN MAY ',OE, APPENDIX La rianta LLC COLLINSWOERMAN TUK !II A SOUTH PROJECT MASTER PLAN MAY 2009 GUIDING PRINCIPLES BACKGROUND BACKGROUND The Segale family has been systematically assembling this parcel for more than 50 years. While there have been discussions about development and markets that could have filled the property with many of the retail and industrial uses common to this part of the valley, the land has yet to see its first significant development. Due to the fact the Segale family has entered into the entitlement process and is prepared to build this unique regional asset, the City of Tukwila and the Segale family share in the opportunity to shepherd its development. Both parties also share in the responsibility to meet the site's full potential as an exciting and robust new regional employment center. Outlined below are the site's context elements that, taken together, create a glimpse of that potential: — Heritage of the Segale family: The family has lived on the property for three generations and has assembled the property over the last 50 years. — Heritage of the Green River Valley: The Kent Valley has long drawn institutional real estate investors in industrial and large retail developments. The new kinds of development Tukwila South introduces to the valley will benefit from the same advantages (outlined below) that have contributed to the success of the area's traditional uses. — Natural beauty: With commanding views of Mt. Rainier from the property's mile -long hillside as well as views of the Green River and sweeping vistas of greenery, Tukwila South offers wonderful opportunities for amenities and recreation. — Puget Sound and Northwest traditions: The region's pioneering culture is nationally recognized for its ability to create new industries from scratch as well as reinvent established industries. Tukwila South has the opportunity to further this tradition by establishing a major new employment center based on jobs that create intellectual property. — Authenticity: Tukwila South must be authentic to its physical and historical context, and to the opportunities that will drive its success. It must reflect the values of the Northwest culture: community, sustainability, diversity, and healthy life-style. — Tukwila Urban Center: The regional mall and the surrounding retail uses represent one of four major retail environments in the greater Puget Sound area. Home to in excess of 3 million square feet of goods and services, our neighbor to the north is already considered a regional destination. — SeaTac: Within a 5-minute drive, SeaTac International Airport is the largest investment of public transportation infrastructure in five Western states. More than 25 million travellers use SeaTac every year. — Adjacency to transportation infrastructure: Located at the crossroads of the state's two busiest interstate highways, Tukwila South offers potential businesses and residents several convenient access points to both 1-5 and 1-405. — Agricultural and wetlands to the near south: Because of the site's size, large undeveloped tracts of land will be set aside for wetlands protection and enhancement, and stormwater management. — Diversity: South King County currently supports one of the region's most economically and socially diverse populations. New jobs, goods and services, housing, and public services will need to address this diverse citizenship and create a welcoming place for all. With this background as our starting point, we have created guiding principles for the Tukwila South Master Plan. It is from these that our development plan has been conceived. La Pig, ita LLC TUiQV LA SOUTH PROJECT N;ASTER. PLAN MAY 20l1 COLLINSWOERMAN ,y ,,,4tachment D 20100726001101 TUKWILA CITY 0 ORD 1245.00 PAGE-001 OF 006 07/26/2010 14:22 KING COUNTY, WA After recording, return to: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) DOCUMENT TITLE(S) (or transactions contained therein): ORDINANCE 2289 REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: N/A • Additional reference #s on page of document(s) GRANTOR(S) (Last name first, then first name and initials) Segale Properties LLC GRANTEE(S) (Last name first, then first name and initials) City of Tukwila LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range) N/A ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBERS 022204-9008; 022204-9011; 022204-9015; 022204-9043; 022204-9057; 032204-9090; 032204-9106; 352304-9013; 352304-9015; 352304-9017; 352304-9040; 352304-9041; 352304-9045; 352304-9049; 352304-9050; 352304-9118; 352304-9115 032204-9006; 352304-9032; 352304-9068; • Assessor Tax # not yet assigned FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC, FOR THE TUKWILA SOUTH DEVELOPMENT 09-100(a) Council Approval 5/17/10 THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "Amendment") is made and entered into this f ' `day of May, 2010, by and between the CITY OF TUKWILA ("City"), a non -charter, optional code Washington municipal corporation, and SEGALE PROPERTIES LLC, a Washington limited liability company ("Segale"), formerly known as "LA PIANTA LLC." I. RECITALS WHEREAS, the City and Segale entered into that certain Development Agreement relating to the Tukwila South development, dated June 10, 2009 (the "Development Agreement"). WHEREAS, the City is prepared to begin construction of the Southcenter Parkway project in June 2010, but Segale has not yet obtained final approval of the 404 Permit and the Levee Modification (all as defined in the Development Agreement). WHEREAS, the Development Agreement provides in Section 4.2 that it will automatically terminate on June 30, 2010 if by that date final approval of the 404 Permit and the Levee Modification had not been obtained. If the Development Agreement terminates as set forth in Section 4.2, the City will not be able to commence construction of the Southcenter Parkway project in June 2010. WHEREAS, Segale desires to cooperate with the City in amending the Development Agreement to allow for the commencement of construction of the Southcenter Parkway project in June 2010, including the dedication of necessary right-of- way for the Southcenter Parkway project. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to both the City and Segale, the parties hereby agree as follows: II. AGREEMENT 1. Defined terms used herein shall have the meanings set forth in the Development Agreement. Segale and La Pianta may be used interchangeably, and shall be deemed to refer to the same entity. 2. Section 4.2 of the Development Agreement is hereby amended to read as follows: 1 4.2 Levee Modification and 404 Permit Approval. The City has submitted to the U.S. Army Corps of Engineers, Seattle District ("ACOE") an application for modification of the levee system in the Tukwila South Property which will, among other things, permit the removal of the existing cross -levee structure at South 196th Street (the "Levee Modification"). La Pianta has submitted to ACOE an application for a Section 404 permit under the Clean Water Act, to permit the grading, filling and development of the Tukwila South Property as contemplated in the Tukwila South Master Plan (the "404 Permit"). The parties will take all reasonable steps necessary to secure from the ACOE the issuance of the Levee Modification and the 404 Permit in a timely manner. If either the Levee Modification or the 404 Permit has not been issued by the Corps, and all appeal periods having passed with no appeals filed, by September 30, 2011 (the "Outside Approval Date"), then upon written notice given by Segale to the City no later than October 15, 2011 (the "Termination Notice"), this Agreement and the Escrow will terminate and all obligations of La Pianta and the City herein will be extinguished, effective as of the Outside Approval Date, except that the following obligations of the respective parties shall survive such termination: (i) the obligation of La Pianta to dedicate property for Southcenter Parkway under Section 4.3.2, (ii) the obligation of La Pianta to pay certain fees and costs associated with the construction, relocation and/or upgrade of certain power and water utility systems in connection with the Southcenter Parkway project under Sections 4.3.4, 4.3.4.1 and 4.3.4.2; (iii) the obligation of La Pianta to provide no - cost permanent easements to the storm ponds pursuant to Section 4.3.5.1; and (iv) the obligations of the City under Sections 4.3.8, 4.11 and 4.12. If Segale does not timely provide the Termination Notice, then this Agreement shall remain in full force and effect. The Outside Approval Date may be extended by mutual agreement of the parties. As provided herein, the parties will place in the Escrow (as established under Section 4.8.4.6 below) all documents, payments and other undertakings required to be delivered prior to the Outside Approval Date. Upon approval of the Levee Modification and issuance of the 404 Permit, the Escrow Agent (hereinafter defined) shall be instructed to release, deliver or record, as appropriate, all sums and documents held in escrow unless expressly provided otherwise in this Agreement. The City shall incur no costs for the maintenance of the new levee constructed as a result of the Levee Modification. Segale shall secure maintenance for the levee prior to certification of the Levee Modification. 3. The City shall cooperate with Segale in good faith, and use reasonable efforts, to secure the issuance of the 404 Permit and Levee Modification. 4. Section 4.3.2 of the Development Agreement is amended in its entirety to read as follows: 4 4.3.2 Land Dedication for Southcenter Parkway Project. La Pianta agrees to dedicate, at no cost to the City, the land necessary to construct the Southcenter Parkway as depicted in Exhibit 7. La Pianta waives all credit for this dedication of land against any traffic impact fee assessed for the Project. In addition, La Pianta agrees to waive any claim for just compensation pursuant to RCW 8.12 and any claims under the Washington and Federal Constitutions in connection with the dedication of this right-of-way. La Pianta shall deliver a signed and dated right of way easement, in commercially reasonable form acceptable to the City, to the Escrow no later than 5 days after the effective date of the annexation specified in Section 4.1. Segale shall also deliver a signed but undated statutory warranty deed (free of all encumbrances and easements unacceptable to the City) for this land to the Escrow no later than May 28, 2010. The City shall prepare and provide to Segale the legal description for the right of way being conveyed no later than May 24, 2010, which legal description shall be subject to the approval of Segale, which approval will not be unreasonably withheld. Upon receipt, the City shall record the right of way easement and retain the undated deed in Escrow until the City is prepared to vacate Frager Road/Southcenter Parkway as provided in Section 4.10. Simultaneously with the transfer of the properties described in Section 4.10, the City shall cause the deed delivered by La Pianta into Escrow to be dated and recorded. Notwithstanding any termination of the Agreement under Section 4.2, the Escrow shall continue to hold such deed, and the City shall be entitled to cause the Escrow Agent to release the deed to the City for recording upon final completion, as evidenced by the City Council's acceptance of contract completion of the Southcenter Parkway Project. For the purpose of the real estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall be for a "public use in connection with the development of real property" as provided under WAC 458- 61A-205. 5. Pursuant to the Clearing and Grading Permit application, Segale proposes to construct, at is sole cost, temporary stormwater detention ponds ("Temporary Ponds") for the purpose of detaining stormwater runoff from Southcenter Parkway and South 200th Street. Accordingly, Section 4.3.5.1 of the Development Agreement is hereby amended in its entirety to read as follows: South Facility. Easements and stormwater facilities for the South Facility may, at the discretion of La Pianta, be temporary, provided however, that except as provided in Section 4.3.5.3 below, La Pianta shall, prior to the issuance of the first construction permit for a new building development in the Tukwila South Project outside of the existing Segale Business Park, provide permanent, no -cost easement and stormwater facilities in the South Facility and ensure that the South Facility will be operational and ready for use no later than the end of the construction season in the year following the calendar year in which the 404 Permit is issued. In the event this Development Agreement terminates as set forth in Section 4.2 above, Segale shall provide the City with no -cost permanent easements to the storm ponds constructed pursuant to the Clearing and Grading kid Permit and the Shoreline Substantial Development permit (as set forth in Section 4.9). Those ponds shall then become the permanent stormwater facilities to serve Southcenter Parkway. For the purposes of this section, a "construction season" shall begin on May 1 and terminate on October 15. In addition, items #2, #3, #5, and #6 in the table set forth in Section 5.4.3.1 are hereby amended as follows: 2. Install a long-term construction stormwater polymer treatment system. The South Facility shall be constructed and operational not later than the end of the construction season commencing in the year following the calendar year in which the 404 Permit is issued, as set forth in Section 4.3.5.1 above. 3. Construct the elevation of the separating beim between the Green River and the Green River Off Channel Habitat Area excavation to prevent Green River inflow to the excavation during the high flow season. Prior to first wet season grading activities within the Green River Off Channel Habitat Area after issuance of the 404 Permit. 5. Prepare and implement the SAMP wetland mitigation plan to compensate for the filling of low -value wetlands. Approval of SAMP plan by the Department of Community Development Director prior to the start of site mass grading of the area requiring the 404 Permit; wetland mitigation construction will start not later than the second year of construction and be complete on or before the fourth year of construction. 6. Prepare and implement a fisheries mitigation plan pursuant to the SAMP. Approval of the SAMP plan by the Department of Community Development Director prior to the start of site mass grading of the area requiring a 404 Permit; mitigation construction will start not later than the second year of construction and be complete on or before the end of the fourth year of construction. 4 6. This Amendment shall be recorded against the Tukwila South Property as a covenant running with the land. 7. Notice address for Segale shall be as follows: If to Segale: Segale Properties LLC P.O. Box 88028 Tukwila, Washington 98138-2028 Attn: Mr. Mark A. Segale 8. Except as amended herein, the terms and provisions of the Development Agreement remain in full force and effect. In Witness Whereof, the parties have caused this Amendment to be executed, effective on the day and year set forth on the first page hereof. CITY OF TUKWILA, a Washington municipal corporation By: Date: Segale Properties LLC, a Washington limited liability corporation By: Metro L. d Devel• ent, Inc., Its: Manage By: Date: Mark A. Sega -, Vi•e-President 9-te i lD After recording, return to: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 1111111 III II III III llHHHll II 20100726001100 TUKWILA CITY 0 ORD 3681.00 PAGE-001 OF 086 07/26/2010 14.22 KING COUNTY, WA WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) DOCUMENT TITLE(S) (or transactions contained therein): ORDINANCE 2233 REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: N/A • Additional reference #s on page — of document(s) GRANTOR(S) (Last name first, then first name and initials) Segale Properties LLC GRANTEE(S) (Last name first, then first name and initials) City of Tukwila LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range) N/A ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBERS 022204-9008; 022204-9011; 022204-9015; 022204-9033; 022204-9037; 022204-9040; 022204-9043; 022204-9057; 023900-0352; 032204-9006; 032204-9047; 032204-9056; 032204-9062; 032204-9090; 032204-9092; 032204-9093; 032204-9100; 032204-9106; 262304-9065; 352304-9008; 352304-9009; 352304-9013; 352304-9015;352304-9016; 352304-9018; 352304-9019; 352304-9025; 352304-9027; 352304-9032; 352304-9033; 352304-9036; 352304-9038; 352304-9040; 352304-9041; 352304-9045; 352304-9049; 352304-9050; 352304-9051; 352304-9055; 352304-9065; 352304-9066; 352304-9068; 352304-9078; 352304-9090; 352304-9104; 352304-9108; 352304-9109; 352304-9112; 352304-9115; 352304-9116; 352304-9117; 352304-9118; 352304-9119; 352304-9120; 352304-9121; 352304-9017; 0322049020; 032204-9102 • Assessor Tax # not yet assigned After recording, return to: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) DOCUMENT TITLE(S) (or transactions contained therein): ORDINANCE 2233 REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: N/A • Additional reference #s on page of document(s) GRANTOR(S) (Last name first, then first name and initials) Segale Properties LLC GRANTEE(S) (Last name first, then first name and initials) City of Tukwila LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range) N/A ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBERS 022204-9008; 022204-9011; 022204-9015; 022204-9043; 022204-9057; 032204-9090; 032204-9106; 352304-9013; 352304-9015; 352304-9017; 352304-9040; 352304-9041; 352304-9045; 352304-9049; 352304-9050; 352304-9118; 352304-9115 032204-9006; 352304-9032; 352304-9068; • Assessor Tax # not yet assigned Return Address: City of Tukwila City Clerks Office 6200 Southcenter Blvd Tukwila. WA 98188 I 20090617000114 CITY OF TUKWIL ORD 167.00 PAGE001 OF 126 06/17/2009 08:48 KING COUNTY, WA i N SHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Ordinance No. 2233 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document 1. 2. Additional names on page of document. Grantee(s) Exactly as name(s) appear on document I. , 2. , Additional names on page of document. ` Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional S50 fee if the document meets margin/formatting requirements rt Attachment D City of Tukwila Washington Ordinance No. c� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property," generally located between the boundaries of South 178th Street/South 180th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly desires to enter into a Development Agreement with La Pianta LLC for the Tukwila South development; and WHEREAS, a public hearing was held for this Development Agreement on May 18, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement Adopted. The City of Tukwila hereby adopts the "Development Agreement by and between the City of Tukwila and La Pianta LLC, for the Tukwila South Development," a copy of which is attached hereto as "Exhibit A" and by this reference fully incorporated herein. Section 2. 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 3. 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 CO NCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this a1.-1i day of , 2009. ATTEST/AUTHENTICATED: Christy O'Flalerty, CMC, City .rk APPROVED ASTO tee BY: Office of the Ci o ey Haggerty ayor i Filed with the City Clerk: Passed by the City Council: ( Published: Effective Date: (g — [� . ( • Ordinance Number: Attachment Exhibit A -- Development Agreement W: \ Word Processing \ Ordinances \Tukwila South Development Agreement.doc LV:ksn 06/05/2009 Page 1 of 1 SUMMARY OF Ordinance No. 2233 City of Tukwila, Washington On June 8, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2233, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Special Meeting thereof on June 8, 2009. ChristyO e CMC Clerk ttY, tY Published Seattle Times: June 15, 2009. DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA 09 1 Council Approval 6/08/09 AND LA PIANTA LLC, FOR THE By Ordinance No. 2233 TUKWILA SOUTH DEVELOPMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this loth day of June, 2009, by and between the CITY OF TUKWILA ("CITY"), a non -charter, optional code Washington municipal corporation, and LA PIANTA LLC, a Washington limited liability company ("La Pianta"). I. RECITALS WHEREAS, the Washington State Legislature has authorized the execution of development agreements between a local government and a person having ownership or control of real property within its jurisdiction and between a local government and a person owning real property outside its boundaries as part of a proposed annexation, pursuant to RCW 36.70B.170 through RCW 36.70B.210. WHEREAS, the "Tukwila South Project" (hereinafter defined) comprises approximately 512 acres of real property, which site is shown on the vicinity map attached hereto as Exhibit 1. and La Pianta owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property" and legally described in Exhibit 2. The Tukwila South Project is generally located between the boundaries of South 178th Street/South 180t Street on the north; South 204th Street on the south; Orillia Road and Interstate-5 on the west; and the Green River on the east. Approximately 259 acres will be annexed to the City pursuant to this Agreement. WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act, and the City's adopted Comprehensive Plan. The City will provide public services to the Tukwila South Property, with the exception of power and water. WHEREAS, La Pianta intends to develop the Tukwila South 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 Tukwila South Property. The plan calls for approximately ten million square feet of development that would be accommodated in a combination of campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech ("Tukwila South Project"). The Tukwila South Project will use the topographic and environmental constraints of the site to define the limits of its development area, as shown on Exhibit 3 ("Development Areas" and "Non -Development Areas"). The Tukwila South Project includes the extension of Southcenter Parkway in an alignment along the west edge of the valley floor ("Southcenter Parkway Project"); thus, functioning as the major transportation arterial through the site. The Tukwila South Project will also contain an integrated, internal circulation system of streets, sidewalks and pedestrian connections that link its various developments and will serve vehicles, cyclists and pedestrians. 06/10/2009 -1- Exhibit A to Ordinance No. 2233 WHEREAS, La Pianta's goals for the Tukwila South Project are for a return on investment, quality public infrastructure and service, certainty regarding the costs and flexibility in how and when it develops. The City's goals in the development of the Tukwila South Property include implementing its comprehensive plan, producing positive economic impacts to the City and promoting environmental quality, mitigating financial risk for City funds, and mitigation of project impacts. WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing. WHEREAS, a public hearing for this Development Agreement was held on May 18, 2009 and the City Council approved this Development Agreement by Ordinance No. 2233 on June 8, 2009. WHEREAS, this Agreement constitutes a final land use action pursuant to RCW 36.70C.020 and is subject to review pursuant to RCW 36.70C.101 et seq. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to both the City and La Pianta, the parties hereby agree as follows: II. AGREEMENT 1. Project Description. The master -planned development to be sited on the Tukwila South Property in accordance with the terms and conditions of this Agreement as well as other applicable development regulations is called the "Tukwila South Project." As used in this Agreement, the term Tukwila South Project (or "Project") means the proposed development of the Tukwila South Property with a mix of uses, types and density of development, public and private infrastructure and amenities consistent with the Tukwila South Master Plan and this Agreement. 2. Zoning Approvals. 2.1 Comprehensive Plan Designation. The Tukwila South Property is described within the "Tukwila South" element of the City's 1995 Comprehensive Land Use Plan, as amended ("Comprehensive Plan"). This includes both the portion of the property currently located within the City limits and the portion within the City's Potential Annexation Area ("PAA"). The City's Comprehensive Plan provides for use of a master plan in the Tukwila South district to guide and authorize development. La Pianta has submitted a Master Plan which identifies its development proposal. The City's Comprehensive Plan contemplates an overlay district for the property subject to the Tukwila South Master Plan. 06/10/2009 -2- r 2.2 Master Plan Approval. In accordance with the City's Comprehensive Plan and TMC 18.40.075, the City approved the Tukwila South Master Plan on June 8, 2009. This Master Plan covers approximately 512 contiguous acres and provides the vision and framework for the creation of a "campus -type environment" focused on office and research facilities for emerging technology industries, along with a mix of supporting retail, residential, commercial and flex - tech and hotel uses. The Master Plan is attached as Exhibit 4 to this Agreement and incorporated by this reference. The first phase of the Master Plan implementation will involve grading the entire site and installation of street and utility infrastructure. The approved Master Plan will remain in effect for the Term of this Agreement. The Master Plan may not be amended or superseded without the consent of both parties. In addition, any amendment to the master plan must follow the process for such amendments that is in effect at the time of the request. 2.3 Sensitive Areas Overlay and Master Plan. The City Council approved the designation of Tukwila South Property as a Sensitive Area Master Plan Overlay district on June 8, 2009. La Pianta has submitted for City review a Sensitive Areas Master Plan ("SAMP") for the Tukwila South Property. The Department of Ecology ("DOE") has issued a Section 401 water quality certification for the Tukwila South Property (Certification Order No. 2877, dated November 7, 2005) (the "401 Certification"). Pursuant to TMC 18.45.160.G.8, the City will review the SAMP to ensure it conforms to the conditions of the 401 Certification. If the SAMP conforms to the conditions of the 401 Certification and TMC 18.45.160, the Director of Community Development will take action to approve the proposed SAMP, pursuant to TMC 18.45.160.G, within 30 calendar days after the effective date of the annexation. The Sensitive Areas Overlay and associated SAMP require mitigation of impacts to sensitive areas associated with the Tukwila South Project through build -out. 2.4 Land Use Permit Process. The above referenced plans will be implemented in phases by a series of Land Use Permit Process applications. These include but are not limited to, applications for clearing and grading permits, tree permits, building permits, shoreline substantial development permits, development permits, design review approvals, conditional use permits, planned residential developments, and such other permits and approvals described in Chapter 18.104 of the TMC and necessary to authorize development and implementation of the Master Plan approval. The Land Use Permit process requires the applicant to demonstrate consistency with the requirements of the approved Master Plan, as implemented through the Tukwila South Overlay District described in Section 2.5 below. All land use fees not specifically addressed in this Agreement will be paid at the time of permit application or when otherwise due. 2.5 Application of Tukwila South Overlay District. Consistent with the Comprehensive Plan, the City has amended the Tukwila Municipal Code ("TMC") to adopt the Tukwila South Overlay District as Chapter 18.40, a copy of which is attached hereto as Exhibit 5. The purpose of the Tukwila South Overlay District is to encourage innovative uses, sites and comprehensive planning of large land parcels through a master plan. The Tukwila South Overlay contains the development regulations, including commercial design guidelines, that will apply to the Tukwila South Property. The City agrees to apply the Tukwila South Overlay District regulations to the portion of the Tukwila South Property within its PAA, after that area is annexed to the City. 06/10/2009 -3- 2.6 Shoreline Map Amendment. The City, by ordinance, has pre -designated a portion of the Tukwila South Project as "Tukwila Urban" under its Shoreline Master Program/Plan, TMC Chapter 18.44 ("SMP"). Upon completion of the annexation, the City shall, consistent with this development regulation, amend its SMP map to include the Tukwila South Property as urban. It is understood by the parties that this amendment is subject to the approval of the State Department of Ecology. The parties agree that this map designation does not vest La Pianta to any shoreline regulations under the SMP. 3. Allowable Development. 3.1 Maximum Allowable Development. Except as otherwise provided herein, the maximum allowable development in the Development Area of the Tukwila South Project shall be limited to a maximum development (including any mix of buildings and permitted uses) that does not generate more than 10,166 Net New Trips (as defined below) from onsite development and is limited to 10.3 million square feet of new building floor area ("Allowable Development"). For the purposes of determining Allowable Development, new "building floor area" shall include new floor area generating vehicle trips, but shall not include floor area that does not generate vehicle trips, such as parking areas and mechanical space. 3.2 Site Clearing, Grading and Coverage. Subject to the limitations of Section 3.5 below, (i) up to 100% of the Development Area, outside of sensitive area or shoreline buffers, may be cleared and graded, and (ii) in the Development Area, up to 85% of the developable area served by each stormwater facility may be covered with impervious surfaces. 3.3 Limit on Certain Uses. The following uses in the Tukwila South Project will be subject to the restrictions set forth in this Section 3.3: (a) Movie theaters with three (3) or fewer screens shall be a permitted use. Movie theaters with more than three (3) screens shall be treated as special permission uses (TMC 18.41.060). (b) Regional malls shall be a prohibited use. For purposes of this Agreement, "Regional Mall" shall mean an independent, retail complex of at least 500,000 square feet of building floor area (as that term is defined in Section 3.1 above) containing privately -owned indoor and outdoor walkways for shoppers traveling to and from multiple retail uses. The square footage limitation under this definition shall be applied on a project -by -project basis, and shall not be applied to the Tukwila South Property as a whole. (c) No warehouse uses will be allowed in the Tukwila South Project beyond what is in existence at the time of execution of this Agreement, and redevelopment of existing warehouses to warehouse use will not be permitted. Notwithstanding the foregoing, with respect to existing warehouse uses and buildings, La Pianta shall be entitled to undertake normal maintenance and repair, reconstruction in the 06/10/2009 -4- event of casualty and condemnation, modifications necessary to meet current code requirements, and for each building, a one-time "minor expansion" (not exceeding 5% of building floor area). The City shall require special permission uses (TMC 18.41.060). approval for such "minor expansions". 3.4 Expansion Areas. Several parcels that are not currently owned by La Pianta are located within the Project boundaries and are more particularly described and depicted in Exhibit 6. These parcels were included within the 512 acres analyzed in the Tukwila South EIS (hereinafter defined). The Tukwila South Overlay District regulations shall apply to these parcels if they are acquired and developed by La Pianta during the Term of this Agreement. Another parcel owned by La Pianta, hereinafter referred to as the "Arnold Parcel", also described in Exhibit 6, was not studied as part of the Tukwila South EIS. La Pianta and the City acknowledge that the Tukwila South Overlay District regulations shall apply to the Arnold Parcel, but that additional environmental review may be necessary when La Pianta elects to develop the Arnold Parcel. In the event that La Pianta desires to develop an Expansion Area under the Development Agreement, La Pianta shall provide (i) written notice to the City, (ii) evidence of its ownership or control of the Expansion Area(s) in question or the agreement by La Pianta and the owner(s) of the Expansion Area in question to subject such area to the terms of the Agreement, and (iii) evidence that no further additional environmental analysis is required beyond that covered in the Tukwila South EIS for the development proposed. 3.5 Floodplain Development Review. Development in any areas of the Tukwila South Property lying within a 100-year floodplain, as designated by the Federal Emergency Management Agency ("FEMA"), shall be subject: (i) to review by the City and/or agencies with jurisdiction to ensure that such development will not result in a "take" of any endangered species in violation of federal law; and (ii) to all laws and regulations governing development within such FEMA-designated 100-year floodplains that are in effect at the time of a complete development application (the "Floodplain Regulations"). The clearing and grading permit for initial, overall site development for the Tukwila South Project ("Clearing and Grading Permit") shall be executed in accordance with the Floodplain Regulations, as applicable. Upon completion of the clearing and grading, subject to the Clearing and Grading Permit, and the Levee Modification, as defined herein, La Pianta will prepare for review by the City a Letter of Map Revision ("LOMR"). The City shall forward the LOMR to FEMA for review and when the LOMR is approved by FEMA, future building applications will not be subject to the Floodplain Regulations. 4. Parties Obligations Under this Agreement. This Agreement establishes certain roles and responsibilities for the development of the Tukwila South Project, including but not limited to City commitments for partial funding and construction of certain public infrastructure improvements benefiting the Tukwila South Project, as well as the community at large, and La Pianta commitments to participate in the funding of certain public improvements, to fund all private aspects of the development and to develop the Tukwila South Property consistent with all applicable land use policies and regulations. 06/10/2009 -5- 4.1 Annexation. Upon execution of this Agreement, La Pianta shall submit a signed 60% petition for annexation to the City of Tukwila for the portion of the Tukwila South Property located within the PAA. The City will take all steps necessary to consider the annexation in a timely manner after submittal of a signed 60% petition. In the event that La Pianta fails to submit the 60% petition, the City may terminate this Agreement upon giving 14 days notice to La Pianta. Should the annexation fail to occur by December 31, 2009 (the "Outside Annexation Date"), this Agreement will terminate and all obligations herein will be extinguished. The Outside Annexation Date shall automatically be extended for the period of any review of the annexation by the Boundary Review Board, if jurisdiction is taken, and/or the courts. For purposes of this Agreement, the "effective date of the annexation" hereunder shall be the date on which the ordinance of annexation of the Tukwila South Property adopted by the City Council is effective, final and unappealable. 4.2 Levee Modification and 404 Permit Approval. The City has submitted to the U.S. Army Corps of Engineers, Seattle District ("ACOE") an application for modification of the levee system in the Tukwila South Property which will, among other things, permit the removal of the existing cross -levee structure at South 196th Street (the "Levee Modification"). La Pianta has submitted to ACOE an application for a Section 404 permit under the Clean Water Act, to permit the grading, filling and development of the Tukwila South Property as contemplated in the Tukwila South Master Plan (the "404 Permit"). The parties will take all reasonable steps necessary to secure from the ACOE the issuance of the Levee Modification and the 404 Permit in a timely manner. If either the Levee Modification or the 404 Perna has not been issued by the Corps, and all appeal periods having passed with no appeals filed, by June 30, 2010 (the "Outside Approval Date"), this Agreement will terminate and all obligations herein will be extinguished. The Outside Approval Date may be extended by mutual agreement of the parties. As provided herein, the parties will place in the Escrow (as established under Section 4.8.4.6 below) all documents, payments and other undertakings required to be delivered prior to the Outside Approval Date. Upon approval of the Levee Modification and issuance of the 404 Permit, the Escrow Agent (hereinafter defined) shall be instructed to release, deliver or record, as appropriate, all sums and documents held in escrow unless expressly provided otherwise in this Agreement. The City shall incur no costs for the maintenance of the new levee constructed as a result of the Levee Modification. Failure of La Pianta to secure maintenance for the levee prior to issuance of the Clearing and Grading Permit, shall result in denial of said permit. 4.3 Southcenter Parkway Project. 4.3.1 Southcenter Parkway Project Design. The City shall, using grant funds secured for this Project, promptly complete the final design of the extension and relocation of Southcenter Parkway from S. 180th Street to S. 200th Street ("Southcenter Parkway Project" or "SCP Project"), including necessary sewer, water, stormwater, natural gas, power and telecommunications utility system improvements associated with this roadway improvement project (the "Final Design Plans"), as documented in the 90% drawings completed by David 06/10/2009 -6- Evans and Associates dated September 2005 (the "90% drawings") and on file with the City. The City may use up to $300,000 of the grant funds identified in Section 4.3.7 below for the purpose of completing the Final Design Plans; any costs to complete the Final Design Plans in excess of $300,000 shall be borne by the City. The Southcenter Parkway Project will provide additional access to the Tukwila Urban Center and the Tukwila South Project. Except as set forth in this subsection, the Final Design Plans shall not materially deviate from the 90% drawings without the written consent of both parties. For the purposes of this Section, the Final Design Plans shall be deemed to "materially deviate" from the 90% drawings if the Final Design Plans include modifications to the 90% drawings that will result in a construction cost increase in the aggregate of more than $250,000. The Southcenter Parkway Project will not include the relocated South 178th Street improvements or the bike lanes as specified on the 90% drawings. 4.3.2 Land Dedication for Southcenter Parkway Project. La Pianta agrees to dedicate, at no cost to the City, the land necessary to construct the Southcenter Parkway as depicted in Exhibit 7. La Pianta waives all credit for this dedication of land against any traffic impact fee assessed for the Project. In addition, La Pianta agrees to waive any claim for just compensation pursuant to RCW 8.12 and any claims under the Washington and Federal Constitutions in connection with the dedication of this right-of-way. La Pianta shall deliver a signed but undated statutory warranty deed (free of all encumbrances and easements unacceptable to the City) for this land and a signed and dated right of way easement encumbering the same property described in the deed, in commercially reasonable form acceptable to the City, to the Escrow no later than 5 days after the effective date of the annexation specified in Section 4.1. Upon receipt, the City shall record the right of way easement and retain the undated deed in Escrow until the City is prepared to vacate Frager Road/Southcenter Parkway as provided in Section 4.10. Simultaneously with the transfer of the properties described in Section 4.10, the City shall cause the deed delivered by La Pianta into Escrow to be dated and recorded. If the deed and the right of way easement are not delivered in the time specified by this Section, this Agreement will terminate. For the purpose of the real estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall be for a "public use in connection with the development of real property" as provided under WAC 458-61A-205. 4.3.3. Planning and Design Work. La Pianta has provided the following planning and design services in connection with the Southcenter Parkway Project: (i) Geotechnical reports and information; (ii) Survey, topographical maps; (iii) As -built survey of utilities; (iv) Legal description of final right-of-way; (v) Plans and designs for wetland and stream mitigation, including plans for land, cost of restoration, permitting, on -going maintenance and monitoring; (vi) 30% design work; and (vii) Plans and designs for temporary stormwater detention and treatment for Southcenter Parkway Project during construction, and permanent 06/10/2009 -7- stormwater detention and water quality facilities for Southcenter Parkway and South 200th Street as more particularly described in Sections 4.3.5 and 5.4. 4.3.4 Highline/PSE/Southcenter Parkway Costs. La Pianta shall obtain power and gas utility service for the Tukwila South Project from Puget Sound Energy ("PSE") and water service from the Highline Water District ("Highline"). La Pianta shall pay for all costs related to the design and construction of Highline Water systems and PSE systems for the Tukwila South Project (not including costs for which PSE and Highline are responsible for undergrounding and relocation of existing systems, as described herein). The City shall cause Highline to relocate its existing water system facilities pursuant to its franchise agreement with the City. The City shall cause PSE to relocate and underground existing power and gas system facilities pursuant to its franchise agreement with the City and applicable tariff. Any costs or fees assessed to the City by those utilities for invoking either of the franchise terms discussed in this Section shall be paid to the City by La Pianta within 30 days of invoice. 4.3.4.1 Highline Water. The City will include the work for the relocation and upgrade of the Highline Water system utilities in its SCP Project bid as a bid additive (the "Highline Work"). The Highline Work will be accounted for and invoiced separately from the SCP Project. The City shall enter into an agreement with Highline pursuant to which Highline shall reimburse the City for the cost of the Highline Work. La Pianta shall enter into a separate agreement with Highline pursuant to which La Pianta shall reimburse Highline for La Pianta's portion of the costs of the Highline Work. Pursuant to Section 4.8.4 of this Agreement, La Pianta shall provide the City with a letter of credit in the amount of 110% of La Pianta's portion of the estimated cost of the Highline Work as security for payment of those associated costs. In the event that Highline fails to reimburse the City, pursuant to the terms of the agreement between the City and Highline, for La Pianta's portion of the cost of the Highline Work, the City may draw upon the letter of credit as provided in Section 4.8.4. In addition, La Pianta shall provide the City with a copy of La Pianta's agreement with Highline and evidence of timely payments to Highline thereunder. 4.3.4.2 PSE. The City will exclude the work for the PSE power and gas utilities from the SCP Project bid. PSE will provide the specifications for such power and gas utility work to serve the Tukwila South Project (the "PSE Work"), which will be constructed in coordination with the SCP Project. The PSE Work will be conducted by third parties on behalf of PSE. The bid documents and the final construction contract for the SCP Project shall include a "cooperation clause," requiring cooperation and communication between the City (and the City's contractor on the SCP Project), La Pianta LLC and PSE or PSE's designees and contractors undertaking the PSE Work. La Pianta shall indemnify and defend the City against delay claims made by the City's contractor for the SCP Project because of the PSE Work. La Pianta shall pay (i) PSE directly for La Pianta's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 85, and (ii) the City directly for the City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74. La Pianta's obligation under this Section 4.3.4.2 shall be secured by an irrevocable standby letter of credit in the amount of 110% of the City's estimated share of the PSE Work, naming the City as beneficiary as provided in Section 06/10/2009 -8- i 4.8.4. In the event that La Pianta fails to pay the amount due under this Section 4.3.4.2 within thirty (30) days of demand by the City, the City may draw upon the letter of credit as provided in Section 4.8.4. 4.3.5 Southcenter Parkway Storm Drainage. La Pianta shall provide, at no cost to the City, sufficient capacity for all drainage from the Southcenter Parkway Project within the regional storm drainage facilities more particularly described in Section 5.4 to be constructed by La Pianta as part of the permanent stormwater drainage facilities for the Tukwila South Project. La Pianta shall provide easements granting the City the right to discharge stormwater from Southcenter Parkway and South 200th Street to La Pianta's regional stormwater facilities. La Pianta covenants that the regional stormwater facilities will be sized to accommodate stormwater run-off from the Tukwila South Project, including Southcenter Parkway, South 200th Street and all other development proposed as part of the Tukwila South Project. The stormwater system includes a "South Facility" and a "North Facility", both as defined in Section 5.4 below. 4.3.5.1 South Facility. Easements and stormwater facilities for the South Facility may, at the discretion of La Pianta, be temporary, provided however, that except as provided in Section 4.3.5.3 below, La Pianta shall: (i) provide permanent, no -cost easement and stormwater facilities in the South Facility prior to the issuance of the first construction permit for a new building development in the Tukwila South Project; and (ii) ensure that the South Facility will be operational and ready for use prior to the completion of the Southcenter Parkway Project. 4.3.5.2 North Facility. At La Pianta's option, stormwater to be treated in the North Facility may be piped to the South Facility for treatment and discharge on an interim basis. The development of the North Facility shall occur prior to the date on which the capacity of the South Facility is fully utilized. 4.3.5.3 WSDOT/FHWA Approval. Immediately upon execution of this Agreement, the City shall amend its submissions to WSDOT/FHWA to describe the storm drainage plan for the Southcenter Parkway Project that is more particularly set forth in Section 5.4, and shall request approval for such change. La Pianta shall cooperate in good faith to provide all necessary documentation reasonably necessary to secure WSDOT's approval of such stormwater plan for Southcenter Parkway. In the event that the stormwater plan for Southcenter Parkway described in Section 5.4 is not approved by WSDOT/FHWA, the City shall construct the stormwater ponds described in its original proposal to WSDOT, for treating and detaining stormwater runoff from Southcenter Parkway and South 200th Street. In such case, La Pianta shall, within thirty (30) days of the City's written demand therefore, grant at no cost to the City temporary easements necessary to construct the stormwater ponds needed to accommodate the stormwater run-off from Southcenter Parkway and South 200th Street that was described in the City's original SCP Project proposal to WSDOT. The easement agreements shall provide that at such time La Pianta completes the South Facility and it is available to accommodate the run-off from Southcenter Parkway and South 200th Street, the temporary easements shall terminate and shall be replaced by permanent easements to the South Facility. 06/10/2009 -9- r 4.3.6 Southcenter Parkway Bidding/Construction. Upon the issuance of the 404 Permit contemplated in Section 4.2, the City shall be responsible for the bidding and construction of Southcenter Parkway ("Southcenter Parkway Project"). The City shall request formal bids from contractors for the construction of the Southcenter Parkway Project as soon as all necessary approvals and permits have been received. This Agreement is premised on the assumption that the project costs for the Southcenter Parkway Project (including the up to $300,000 allocated to completion of the Final Design Plans under Section 4.3.1 above) will not exceed available financing in the amount of $26,800,928 ("Construction Cost Cap"). The total project cost of the Southcenter Parkway Project ("Total Project Cost") shall be the lowest responsible bid received by the City, and shall allow and include up to a 15% construction management allowance and a 15% project contingency allowance. For the purpose of determining whether the Total Project Cost exceeds the Construction Cost Cap, the Total Project Cost shall not include the costs for the Highline Work and PSE Work (which costs shall be paid by La Pianta and the utilities as provided in Section 4.2.4), and shall not include the City's costs for its employees in connection with or related to the management and/or supervision of the construction of the Southcenter Parkway Project, which costs the City shall bear. The City shall use commercially reasonable efforts to minimize the Total Project Cost of the Southcenter Parkway Project. For purposes of this Agreement, "commercially reasonable efforts" means the actions normally taken to reduce costs for any City project. If the Total Project Cost exceeds the Construction Cost Cap, the City shall have no obligation to construct the Southcenter Parkway Project unless La Pianta gives written notice as provided herein to the City that La Pianta shall pay such difference ("Project Cost Differential"). In such case, the City shall send written notice to La Pianta of the Project Cost Differential, and La Pianta shall, within 15 days of receipt thereof, give the City written notice of whether La Pianta elects to pay the Project Cost Differential. If La Pianta elects to pay the Project Cost Differential, then La Pianta must provide the City cash security for such amount ("Cash Security") also within the 15 days. Provided that La Pianta timely provides the City such notice and Cash Security, the City shall promptly execute a construction contract for the Southcenter Parkway Project. If La Pianta does not timely provide the City with the notice and/or the cash security, the City shall reject all bids and this Agreement shall immediately terminate without further action required by any party. If La Pianta pays the Project Cost Differential, the City agrees to utilize the funds within the Construction Cost Cap prior to utilizing the Cash Security. Should any Cash Security remain after completion of the Southcenter Parkway Project, said remainder shall be refunded to La Pianta within thirty (30) days after final acceptance of the Southcenter Parkway Project. In the event of cost overruns in excess of the Total Project Cost (including Cash Security for the Project Cost Differential), the City shall promptly notify La Pianta, and La Pianta shall provide additional Cash Security equal to or greater than the amount of any overruns within ten (10) days of invoice. Upon completion of the Southcenter Parkway Project, if state or federal auditors identify any charges that fall outside the scope of work, excluding mutually agreeable change orders and agreed to modifications to the scope of work, for the Southcenter Parkway Project, La Pianta shall be entitled to a refund for those sums identified within thirty (30) days after completion of said audit(s). 06/10/2009 -10- 4.3.7 Southcenter Parkway Financing. The City shall use $18,530,345.00 in state and federal grant money secured for the cost of design and construction of Southcenter Parkway Project. The City shall also utilize limited tax general obligation debt ("General Obligation Bonds") or other financing mechanisms to finance up to $8,250,000.00 dollars toward the construction of the Southcenter Parkway Project. In the event that any state or federal grant funds are withdrawn from the Southcenter Parkway Project prior to the Outside Approval Date (as defined in Section 4.2), the parties will use best efforts to seek replacement grant funds ("Replacement Funds"). If the parties are unable to secure commitments for such Replacement Funds by December 31, 2010, then this Agreement will immediately terminate, all obligations hereunder will be extinguished, and the Escrow shall be terminated. In the event that any additional state or federal grant funds, debt or credit enhancements, including but not limited to interest rate reductions, tax credits or reimbursements, and which are not Replacement Funds, are provided to the Southcenter Parkway Project, the parties shall equally share the economic benefit of such additional measures. 4.3.8 Closure of Southcenter Parkway and Frager Road. The City shall close the existing Southcenter Parkway and Frager Road from South 180th Street to South 200th Street during the construction phase of the Southcenter Parkway Project, except for local traffic, and agrees that La Pianta can use the roadway for project purposes, without compensation to the City or the need for issuance of right-of-way permits, provided that La Pianta maintains the roadway during that period of time and La Pianta's use does not unreasonably interfere with use for local traffic. La Pianta shall ensure that local traffic may access their properties from the north access point to Tukwila South. The City acknowledges that a certain portion of Frager Road and the existing stormwater pond near South 200th Street shall be permanently closed and removed upon issuance of a grading permit to La Pianta for the purpose of constructing the "Green River Off - Channel Habitat Area." Provided that WSDOT approval for stormwater plan is granted pursuant to Section 4.3.5.3, the City shall permit La Pianta to use said portions of the right of way and existing detention pond for such purpose prior to conveying ownership of such parcels to La Pianta pursuant to Sections 4.10 and 4.11, provided however, La Pianta shall indemnify and hold the City harmless for any claims or damages because of or arising out of La Pianta's use or possession of this land, except to the extent caused by the negligence of the City, its employees or agents. Before commencing the construction of the Green River Off Channel Habitat Area, La Pianta shall provide temporary detention of stormwater from South 200`h Street in place of the removed stormwater pond until the South Facility is complete and operational. 4.4 Sanitary Sewer System. As outlined in the Tukwila South EIS, additional sewer capacity may be required to serve the Tukwila South Project, as the Project develops. Sewer Lift Station #2 may need to be upgraded to create sufficient pumping capacity; and the force sewer main along Andover Park West from Minkler Ave to Strander Blvd (the "Force Sewer Main") may need to be upgraded to provide sufficient capacity to carry the additional flows generated by the Tukwila South Project. If at any time during the Term of this Agreement, a capacity analysis of the system shows that any of the Sewer Lift Station #2, the Force Sewer Main, or any other facility within the City's sanitary sewer system necessary to provide service to the Tukwila 06/10/2009 -11- South Property (each a "Facility") is at 80% or more of its capacity, then the City shall promptly initiate its standard process of planning, financing and construction for improvement to the Facility (or more than one) necessary to provide adequate sanitary sewer service to accommodate the Allowable Development. The City will finance the construction of the Facility through bonds or any other source of City capital funding and/or through connection fees, sewer rates or other charges to be paid by all the benefited ratepayers. If the City elects to form a Utility Local Improvement District ("ULID") or other special district to pay for the Facility, La Pianta shall execute a No Protest ULID Agreement for the formation of an ULID to provide improvements to the sanitary sewer system as outlined herein. The No Protest agreement shall be in a form acceptable to the City. La Pianta shall be responsible for paying citywide sewer system connection charges and fees at the time of each building permit application, subject to the terms of any applicable No Protest Agreement as described herein and La Pianta's participation in any ULID or special district assessment. Construction of the initial Southcenter Parkway sewer line serving the Tukwila South Property will be included in the cost of the Southcenter Parkway Project, and therefore a portion of the cost of the sewer improvements will be funded by sources other than the City. La Pianta or Parcel Builders (hereinafter defined) shall pay sewer connection charges based on the total project cost. Each sewer connection charge paid by La Pianta or a Parcel Builder for the initial Southcenter Parkway sewer line shall be credited to La Pianta as O&M Revenue pursuant to Section 4.8.3. 4.5 Parks and Open Space. 4.5.1 Bike/Pedestrian Trail. Within thirty (30) days of the effective date of the annexation, La Pianta shall donate to the City an easement for a north -south trail system through the Tukwila South Property from S. 180th Street to S. 204th Street, provided however, that the City shall not permit the public to use the easement area until the later of: (i) three (3) years after the conveyance of the easement, or (ii) completion of initial site grading and the Green River Off Channel Habitat Area, but not later than four (4) years after the conveyance of the easement. The width of the easement shall be at a minimum 14 feet or such greater width as may be required under the City's Shoreline Master Program. The easement shall be delivered into the Escrow. The bike/pedestrian trail shall be located along the Green River within the crown of the levee. When the new levee is constructed, as contemplated by this Agreement, the easements will be revised to follow the crown of the new levee configuration. La Pianta waives any credit for this donation against any future park impact fee assessed against the Project and waives all claims for just compensation pursuant to RCW 8.12 and State and Federal Constitutions. La Pianta shall not be responsible for costs of construction or maintenance of any improvements within the trail easement. La Pianta will develop and submit to the City for approval a plan for trails and bike/pedestrian connections within the Tukwila South Property. The Plan will identify the general goals and objectives of a system of pedestrian connections for the Tukwila South Property and will identify possible locations for eight (8) 14 foot wide pedestrian corridors and connections from the bike/pedestrian trail described above through the Tukwila South Property, 06/10/2009 -12- in locations approved by La Pianta, to off -site pedestrian trails and City rights -of -way. The eight locations will include the City's existing trail connection points at South 180th Street, South 200th Street and South 204th Street. La Pianta will complete this plan and submit it for approval to the Parks and Recreation Director by December 31, 2011. 4.5.2 Green River Pedestrian Bridge. La Pianta shall be responsible for $500,000.00 toward the cost of construction of a pedestrian bridge across the Green River to the Green River Trail and Briscoe Park (the `Bridge"). Any additional cost for this bridge project and all permitting obligations shall be the responsibility of the City. Within thirty (30) days of the date the City notifies La Pianta that the City will make application for a grant or grants for any portion of the cost of construction of the Bridge, La Pianta shall provide to the City a letter of credit in the amount of $500,000 pursuant to Section 4.8.4.3 of this Agreement. The letter of credit shall have a term of one (1) year (or less than one year in the initial year, as set forth in Section 4.8.4.4) and shall be renewed until the $500,000 payment is made to the City. In the event that La Pianta fails to pay $500,000 to the City within thirty (30) days of the date the City notifies La Pianta that any grant(s) have been awarded to the City, which grants, together with other funds available to the City, will underwrite the full cost of construction of the Bridge, the City may draw upon the letter of credit as provided in Section 4.8.4. The City will use best efforts to obtain full funding to provide the additional funding necessary to complete construction of the Bridge project. If the City is unable to obtain grant funding for construction of the Bridge within five (5) years of the date of this Agreement, then La Pianta shall pay $500,000 in cash to the City within thirty (30) days after such date, or the City may thereafter draw upon the letter of credit as provided in Section 4.8.4. If the City is unable to secure adequate funding for the Bridge, the City may utilize the $500,000.00 for general park facilities within the Tukwila South area. La Pianta waives credit for this donation against any future park impact fee assessed for the Tukwila South Project and waives any claim for just compensation pursuant to RCW 8.12 and the State and Federal Constitutions. The City and La Pianta acknowledge that construction of the Bridge will occur. after December 31, 2012 when significant development has occurred within the Tukwila South Project. Prior to commencement of construction of the Bridge project, La Pianta shall grant to the City an easement in commercially reasonable form on a portion of the Tukwila South Property for the purpose of installing and maintaining bridge supports and touchdowns (the "Bridge Easement"). The area of the Bridge Easement shall not exceed 3,000 square feet and shall be located subject to mutual agreement of the parties, provided such location shall be within the river buffer of the City's Shoreline Master Program. If the City has obtained funding and is commencing construction of the bridge, La Pianta shall grant the Bridge Easement within thirty (30) days of the City's request. 4.5.3 Donation of Levee Easements. La Pianta will grant permanent easements, at no cost to the City, on property under its ownership, to the City of Tukwila for improvements to the City's levee system on the west side of the Green River. The easements will be sized to accommodate (i) an overall slope gradient of 2.5:1 on the river side of the levee from S. 196th Street to S. 204th Street; (ii) a slope gradient of 2:1 on the landward side of the levee from S. 196th Street to S. 204th Street and on both sides of the levee from S. 180th Street to S. 196th Street and (iii) a 14-foot-wide levee crown. In each case, the easement area to be granted will 06/10/2009 -13- r commence at the waterside toe of the existing levee. If levee improvements are made before redevelopment in the existing Segale Business Park, the levee improvements shall not unreasonably interfere with La Pianta's use of the existing Segale Business Park. "Unreasonably interferes" shall be deemed to include, without limitation, any restriction on the use of the existing buildings or the paved areas around them. If it is determined that additional easement area is needed, the City will negotiate with La Pianta or take necessary legal action to acquire the additional easement.. The easements referenced in this section shall be delivered to the Escrow within thirty (30) days of the effective date of the annexation. 4.6 Fire Service. 4.6.1 Voluntary Fire Impact Fee. Pursuant to RCW 82.02.020, La Pianta agrees to voluntarily pay a fire service mitigation fee of $0.50 per square foot for commercial/industrial development and $500.00 per dwelling unit for residential development. If the City adopts a fire impact fee pursuant to RCW 82.02 or other enabling legislation, those impact fees will apply to the Tukwila South Project, replacing the fee set forth above, and will be assessed at the time of building permit issuance. In either case, La Pianta will not be assessed an impact fee for new development which replaces existing building square footage, currently served by Tukwila Fire, if redeveloped. 4.6.2 Donation of Land for Fire Station. La Pianta shall donate to the City up to three (3) acres of undeveloped land along Southcenter Parkway south of South 180th Street for future use as a fire station. The location of the specific property must be mutually acceptable and the property shall meet the following criteria of the City: (1) Able to accommodate a 25,000 gsf building, parking and outdoor storage (more specific detail will be provided by the City's architect no later than 180 days after execution of this Agreement); (2) level topography; (3) rectilinear site; (4) clear title (i.e., subject to liens and encumbrances approved by the City, created under this Agreement, or which are not inconsistent with the City's intended use); (5) soils capable of bearing the load of the proposed fire station without shoring, bracing, piling, or other extraordinary construction methods, and containing no hazardous substances; (6) direct access onto an arterial street; (7) located in the vicinity of S. l80`h Street, but outside the shoreline environment. La Pianta shall transfer such property to the City in its as -is, where -is condition, without warranties other than good title. No credit will be given against any fire impact fee for this land donation. The parcel will be identified and agreed upon, and the deed therefore shall be delivered to the Escrow, prior to the City Council's adoption of the ordinance vacating existing Frager Road, as provided in Section 4.11 below. La Pianta will be responsible for all closing and escrow costs associated with this land donation. La Pianta waives any credit for this land donation against any fire impact fee assessed under the Tukwila Municipal Code. For the purpose of the real estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall be for a "public use in connection with the development of real property" as provided under WAC 458-61A-205. The City agrees to cooperate with La Pianta to implement modifications to the boundaries of the fire station parcel (prior to commencement of construction of the fire station) to promote logical development of adjacent lands by La Pianta, as long as such modifications are consistent with the parameters set forth above. 06/10/2009 -14- 4.7 Impact Fees. Nothing in this Agreement shall preclude the City from assessing duly enacted impact fees to this Project at the time of building permit issuance. 4.8 City Revenues and Costs; La Pianta Financial Guarantees. 4.8.1 Operations and Maintenance Services. Pursuant to the protocols set forth in Section 4.8.3, the City will track the following revenue generated from the Tukwila South Property (including all use and development thereon): sales tax, real estate excise taxes, utility taxes, franchise fees, business license revenues, commercial parking taxes, hotel/motel tax, admission tax, where those taxes and/or fees are paid by the owners of property or businesses developed as part of the Tukwila South Project (collectively, the "O&M Revenue"); provided, however, that if the Washington State Department of Revenue begins to report liquor excise taxes, motor vehicle excise taxes and/or fire insurance premium taxes in such a way that they can be identified as having been generated from the Tukwila South Property, then each of those taxes that is so reported shall be included in O&M Revenue. The O&M Revenue will not include any property tax revenue from the Tukwila South Property, or any revenue from any business or land use existing or in operation on any portion of the Tukwila South Property as of the date of this Agreement. The City will also track expenditures related to providing operations and maintenance public services to new development within the Project and pre -construction expenses related to the Project, including without limitation, the provision of police, fire, public works and parks services allocable to new development at Tukwila South, the pro-rata capital costs for such services (not covered by impact fees), and the pro-rata operations and maintenance expenses related to the Southcenter Parkway Project once completed (collectively, the "O&M Expenses"). The City covenants to use commercially reasonable efforts to minimize the O&M Expenses during the Term of this Agreement (i.e., the same efforts the City uses to minimize its O&M Expenses city-wide). On or before March 31, 2010 and each March 31 thereafter, the City shall provide to La Pianta an Annual Statement (hereinafter defined). If for any year the Annual Statement shows that O&M Expenses have exceeded O&M Revenue, La Pianta shall pay the difference to the City within thirty (30) days of receipt of the Annual Statement ("O&M Guarantee"). If for any year the Annual Statement shows that O&M Revenue has exceeded O&M Expenses, the City is not prohibited from using the excess funds for general City purposes. If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it shall nonetheless pay to the City any amount shown to be due by the Annual Statement within thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant to this Section 4.8.1, or La Pianta shall make any additional payment due, in either case within thirty (30) days of the Accountant's decision. La Pianta's total obligation under this section 4.8.1 shall be limited to $12,000,000. 06/10/2009 -15- 4.8.2 General Obligation Bonds and Increased Property Tax Revenues. Pursuant to the protocols set forth in Section 4.8.3, the City shall track the Increased Property Tax Revenues from the Tukwila South Property. For the purposes of this section, "Increased Property Tax Revenues" shall mean the property tax revenue attributable to that property annexed to the City of Tukwila pursuant to this Agreement. If any Annual Statement shows that the Increased Property Tax Revenue in that year is less than the annual debt service for the General Obligation Bonds in that year ("Debt Service Shortfall"), then La Pianta shall pay to the City within thirty (30) days of receipt of the Annual Statement a sum equal to the Debt Service Shortfall. However, notwithstanding the foregoing, (a) the City shall be responsible for debt service on the first $6,000,000 of bonds, and (b) La Pianta's yearly obligation under this Section 4.8.2 shall not in any year exceed a sum equal to the difference between the total annual debt service on the General Obligation Bonds in that year minus the debt service on $6,000,000 of those bonds in that year. If, for any year, the Annual Statement shows that Increased Property Tax Revenue has exceeded the City's annual debt service for the General Obligation Bonds in that year, the City is not prohibited from using the excess funds for general City purposes. For example, if the City issues General Obligation Bonds totaling $7,000,000, the City will be responsible for the first six -sevenths of the debt service ($6,000,000 divided by $7,000,000) in each year, whether or not the Increased Property Tax Revenues are sufficient to fully provide for that portion of the debt service. If there is no Debt Service Shortfall in a given year, the City will be responsible for all of the debt service in that year. If, in this example, however, there is a Debt Service Shortfall in a year, then for that year La Pianta will be responsible for the Debt Service Shortfall up to one -seventh of the debt service on those General Obligation Bonds and must make a shortfall payment to the City in that amount. In no event will. the City issue more than $8.25 million of General Obligation Bonds. If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it shall nonetheless pay to the City any amount shown to be due by the Annual Statement within thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant to this Section 4.8.2, or La Pianta shall make any additional payment due, in either case within thirty (30) days of the Accountant's decision. 4.8.3 Project Revenue/City Expenditures — Protocols. Within thirty (30) days of execution of this Agreement, the parties will meet and confer regarding the development of accounting protocols for tracking Project revenue and City expenditures related to the Tukwila South Project, as required under this Section 4.8. Within thirty (30) days of said meeting, the parties shall retain the services of a mutually agreeable certified public accountant with expertise in municipal accounting (the "Accountant"). With the assistance of the parties, the Accountant will develop protocols for tracking revenue and expenditures consistent with the terms of this Section 4.8. The protocols will be developed and will be reduced to writing in the form of a memorandum of understanding signed by both parties within one hundred eighty (180) days of 06/10/2009 -16- the retention of the Accountant. Each party will share equally the cost for the Accountant's services outlined in this section. In the event that the parties do not execute the memorandum of understanding documenting the accounting protocols within one hundred eighty (180) days of the retention of the Accountant, this Agreement shall terminate. On or before March 31, 2010 and each March 31 thereafter, the City shall prepare a statement ("Annual Statement") showing the O&M Revenue, O&M Expenses, O&M Guarantee, the Increased Property Tax Revenues, the annual debt service for the General Obligation Bonds, any Debt Service Shortfall, and the portion of any Debt Service Shortfall which La Pianta has guaranteed under the terms of this Agreement, consistent with the protocols set forth in the memorandum of understanding. If La Pianta questions the City's determination of any of the items set forth in the Annual Statement for the prior calendar year, La Pianta may request an audit of the disputed matter from the Accountant who developed the protocols, or his or her designee. Within thirty (30) days of La Pianta's request, the Accountant shall review the Annual Statement and La Pianta's dispute therewith, and render a decision based on generally accepted governmental accounting practices, the protocols, and the terms of this Agreement. The Accountant's decision shall be final and binding on the parties, excepting manifest error by the Accountant. The parties agree to cooperate in good faith with the Accountant concerning any requests for information or documentation to resolve the issue. If there is a variance of 10% or more between the Accountant's decision and the City's determination of revenue or expenditures, the City shall pay the cost of the audit. If the variance is less than 10%, La Pianta shall pay the cost of the audit. 4.8.4 Security for La Pianta's Financial Guarantees. 4.8.4.1 O&M Guarantee. 4.8.4.1.1 O&M Collateral. La Pianta's obligation under Section 4.8.1 (not to exceed $12,000,000) shall be secured during the Term of this Agreement by collateral comprised of: (i) an irrevocable standby letter of credit naming the City as beneficiary ("O&M LC"), and (ii) a first -lien deed of trust on Building No. 931 located in Segale Business Park, which is currently occupied by Qwest Communications Corporation ("O&M Deed of Trust"). If La Pianta fails to pay timely any amount due under Section 4.8.1, the City may draw upon the O&M LC and/or foreclose on the O&M Deed of Trust as provided in this Section 4.8.4. 4.8.4.1.2 O&M LC. (a) The O&M LC shall be in the form, and meet the requirements, set forth in Section 4.8.4.4 below. The O&M LC shall be in the sum of $6,000,000 and shall be delivered to the Escrow Agent following Boundary Review Board action on the annexation described in Section 4.1 but no later than 10 days before the date on which the City Council is scheduled to take final action on the annexation at a public meeting. To the extent La Pianta makes any payments to the City under the O&M Guarantee, then the amount of 06/10/2009 -17- the letter of credit shall be reduced by 50% of the total of such payments, and the credits set forth in Section 4.4, except that the amount of the O&M LC shall not be less than $2,000,000 at any time during the Term. The amount of the O&M LC shall be determined annually pursuant to the foregoing upon renewal. If a longer term O&M LC is provided, the amount shall be recalculated annually on the anniversary of the initial issuance date and may be adjusted at that time. If La Pianta is not required to make any payments to the City under the O&M Guarantee, then at any time, and from time to time, during the last five (5) years of the Term, the parties may agree to a reasonable reduction hi the amount of the O&M LC, taking into consideration the remaining Term of this Agreement, the historical receipt of O&M Revenue by the City, the likely obligation of La Pianta pursuant to the O&M Guarantee, the security provided under the O&M Deed of Trust, and all other relevant factors. (b) Failure of La Pianta to provide and maintain the O&M LC at the time and in the amount required by this Section 4.8.4.1, where such failure continues after written notice from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle the City to accelerate that portion of the O&M Guarantee obligation represented by the amount of the O&M LC, draw on the O&M LC, and deposit the amount drawn ("O&M Deposit") into an escrow account with the Escrow Agent described in Section 4.8.4.6 (the "Escrow Agent"), except that in the case of a failure to provide a replacement of the O&M LC no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the O&M LC. The City may subsequently draw upon the O&M Deposit if La Pianta shall default on its obligations under the O&M Guarantee. If the City shall draw on the O&M Deposit at any time during the Term of this Agreement, La Pianta shall, within 30 days of notice by the City, restore the O&M Deposit to the amount required at the time the O&M Deposit was established. Upon expiration of the Term, any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide the O&M LC, and the City's remedy for failure to provide the O&M LC, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.1.3 O&M Deed of Trust. (a) The remaining $6,000,000 of La Pianta's total potential liability under the O&M Guarantee shall be secured by the O&M Deed of Trust. The O&M Deed of Trust shall be in the form attached to this Agreement as Exhibit 8 and shall be delivered to the City at the same time that the O&M LC is delivered to the Escrow Agent. La Pianta shall have the right, to substitute as security from time to time one or more deeds of trust in the same or similar form on other real estate acceptable to the City in the exercise of reasonable discretion, so long as the unencumbered value of the substituted collateral is equal to or greater than $9,000,000 as shown by a current appraisal performed by a neutral appraiser having no less than 10 years' experience appraising commercial property in the area in which the real estate is located, with appraisal cost shared equally between the parties. Any permitted substitute deed of trust given under this Section 4.8 shall be delivered to the City in an escrow arrangement (the cost of which shall be paid by La Pianta) that provides for delivery and recording of the substitute deed of trust simultaneously with release of the original deed of trust. 06/10/2009 -18- Substituted collateral must be located in the State of Washington, shall have an appraised value of nine million dollars ($9,000,000) or more, shall be income producing, shall be improved by structures of a quality that is the same as or similar to the improvements existing on the land encumbered by the initial deed of trust, and shall be of a character suitable as collateral for a substantial commercial loan from a recognized commercial real estate lender. The City shall not have the right to unreasonably reject proposed substitute collateral, and the characteristics listed in the previous sentence will be relevant in determining reasonableness of a City rejection. (b) In the event of a default that entitles the City to foreclose on the O&M Deed of Trust, then the O&M Deed of Trust shall provide that there shall be no default entitling the City to foreclose the O&M Deed of Trust until (1) La Pianta shall have failed after notice and 20 days to cure to pay the sum(s) required under the terms of this Agreement, (2) the City has drawn on the letter of credit (or cash deposit) securing the obligation in default to the maximum amount of the letter of credit (or cash deposit) and has applied the sum(s) so drawn to the obligation in default, and (3) there remains outstanding an additional sum due under the terms of this Agreement for which the deed of trust has been granted as security. 4.8.4.2 Southcenter Parkway Project General Obligation Bonds Guarantee. La Pianta's obligation pursuant to Section 4.8.2 of this Agreement to guarantee a portion of the General Obligation Bonds (the "Bond Guarantee") shall be secured during the Term of this Agreement by a separate irrevocable standby letter of credit naming the City as beneficiary ("SCPW LC"). The amount of the SCPW LC shall be determined annually as of January 1 of each calendar year during the Term of this Agreement, and shall initially be in the amount of $185,000, and, upon issuance of the General Obligation Bonds, shall be adjusted to an amount equal to twice the average annual debt service on the Bonds for that portion of the General Obligation Bonds that exceeds $6,000,000. The SCPW LC shall be delivered to the Escrow Agent before the date on which the City awards the contract for construction of the Southcenter Parkway Project. If La Pianta fails to pay timely any amount due under Section 4.8.2, the City may draw upon the letter of credit as provided in this Section 4.8.4. Failure of La Pianta to provide and maintain the SCPW LC at the time and in the amount required by this Section 4.8.4.2, where such failure continues after written notice from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle the City to accelerate that portion of the Bond Guarantee that is represented by the amount of the SCPW LC, draw on the SCPW LC, and deposit the amount drawn ("SCPW Deposit") into an escrow account with the Escrow Agent, except that in the case of a failure to provide a replacement of the SCPW LC no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the SCPW LC. The City may subsequently draw upon the SCPW Deposit if La Pianta shall default on its obligation under the Bond Guarantee. If the City shall draw on the SCPW Deposit at any time during the Term of this Agreement, La Pianta shall, within 30 days of notice by the City, restore the SCPW Deposit to the amount required at the time the SCPW Deposit was established. Upon expiration of the Term, any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide the SCPW LC, and the City's 06/10/2009 -19- remedy for failure to provide the SCPW LC, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.3 Other Secured Obligations. For each of the remaining obligations of La Pianta under this Agreement for which security is required specifically, (i) the letter of credit required pursuant to Section 4.3.4.1 in the amount of 110% of La Pianta's portion of the Highline Work (the "Highline Work LC"), (ii) the letter of credit required pursuant to Section 4.3.4.2 in the amount of 110% of the City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74 (the "PSE Work LC"), and (iii) the letter of credit required pursuant to Section 4.5.2 in the amount of $500,000 (the "Bridge LC"), La Pianta shall provide to the City an irrevocable standby letter of credit naming the City as beneficiary. The Highline Work LC and the PSE Work LC shall be delivered to the Escrow Agent at the same time that the SCPW LC is delivered, which shall be prior to the award of the construction contract for the Southcenter Parkway Project. The Bridge LC shall be delivered to the Escrow Agent no later than thirty (30) days after the date the City notifies La Pianta that the City will make application for a grant or grants for any cost of constructing a pedestrian bridge across the Green River to connect Tukwila South to Briscoe Park. Only upon La Pianta paying the amount due in fulfillment of an obligation secured by one of the foregoing letters of credit, the City shall release the letter of credit for that obligation, and La Pianta's obligation to provide that letter of credit shall terminate. Failure of La Pianta to provide and maintain any letter of credit at the time and in the amount required by this Section 4.8.4.3, where such failure continues after written notice from the City specifying the nature of the default and 30 days' opportunity to cure, shall constitute a default with respect to the obligation secured by that letter of credit ("Secured Obligation in Default"), except that in the case of a failure to provide a replacement letter of credit no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the letter of credit for which no replacement has been delivered. The default shall entitle the City to draw on the letter of credit securing the Secured Obligation in Default, and deposit the amount drawn into an escrow account with the Escrow Agent. The City may subsequently draw upon that deposit if La Pianta shall default in the obligation so secured. Upon expiration of the Term or fulfillment of the obligation so secured (whichever shall first occur), any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide any letter of credit under this Section 4.8.4.3, and the City's remedy for failure to provide a letter of credit under this Section 4.8.4.3, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.4 General Terms and Conditions for the Letters of Credit. Each letter of credit provided under this Section 4.8.4 (including the O&M LC, the SCPW LC and each letter of credit provided pursuant to Section 4.8.4.3) shall be in form substantially similar to Exhibit 9. Each letter of credit shall be issued by Bank of America or, at La Pianta's option, another financial institution having a branch in the State of Washington that 06/10/2009 -20- is reasonably acceptable to the City; provided, however, that the City shall not withhold its consent to any institution having a long term debt rating of at least A from Standard and Poor's Corporation, or at least Aa3 from Moody's Investors Service. Each letter of credit shall have at least a one-year term (except that any initial letter of credit may have a shorter term so that when all letters of credit have been issued they will expire simultaneously), and La Pianta shall provide the City with a replacement letter of credit 15 days prior to the expiration of the respective letter of credit, or within 90 days after the downgrade of an existing letter of credit below the long term debt rating set forth above. Each letter of credit shall provide that it will be honored by presentation or at sight at an office of the issuer upon presentation of a certificate signed by the City stating that (i) La Pianta has defaulted on an obligation under this Agreement that is secured by the letter of credit and (ii) the City is entitled to draw on the letter of credit. If any letter of credit is drawn by the City because of La Pianta's failure to provided a replacement letter of credit 15 days prior to the expiration of the existing letter of credit, or within 90 days after the downgrade of an existing letter of credit below the long term debt rating set forth above (each draw resulting in a "Deposit" pursuant to the terms of this Section 4.8), then within five (5) after delivery to the Escrow Agent of a replacement letter of credit that complies with the requirements of this Section 4.8, the resulting Deposit shall be refunded to La Pianta except to the extent (if any) that the City shall have drawn upon the Deposit pursuant to the terms of this Agreement. 4.8.4.5 Specific Remedy under Section 4.8.4. The City shall have the right to specific performance of La Pianta's obligations under this Section 4.8.4. 4.8.4.6 Escrow and Escrow Agent. An escrow shall be established as set forth herein (the `Escrow"). The Escrow Agent initially shall be The Bank of New York Mellon Trust, N.A. The Escrow Agent shall hold funds as provided in Section 4.8.4.1.2 and in this Section 4.8.4.6, and various deeds and easements as provided in this Agreement, pursuant to a written escrow agreement among the Escrow Agent, La Pianta and the City to be agreed by the parties within one hundred twenty (120) days after full execution of this Agreement. The Escrow Agent selected by the parties may be replaced by another financial institution with trust powers that has a branch in Seattle, Washington, selected by the City and approved by La Pianta (which approval shall not be unreasonably withheld). The Escrow Agent shall hold each of the letters of credit on behalf of the City and shall receive deposits of amounts and deliveries of documents as set forth in this Agreement. Upon the direction of the City, the Escrow Agent shall present and make draws on the letters of credit described in Section 4.8.4.1.1, Section 4.8.4.2 and Section 4.8.4.3. The Escrow Agreement shall also provide that the Escrow Agent shall, with or without direction from the City, draw the full amount of any letter of credit that is not replaced or extended on or before the date that is 15 days prior to the expiry date of that letter of credit. Upon any such withdrawal, the Escrow Agent will hold the amount drawn as an O&M Deposit, an SCPW Deposit or a deposit made pursuant to Section 4.8.4.3 and apply such amounts on deposit consistent with this Agreement. If this Agreement is not terminated following the Outside 06/10/2009 -21- 4 Approval Date (as defined in Section 4.2 above), the ,Escrow Agent shall deliver all deeds and easements in the Escrow to the City for recording, with the exception of the deed to the fire station parcel pursuant to Section 4.6.2, which shall be delivered to the City at its request following adoption of the ordinance vacating existing Frager Road. The parties shall share equally the cost of the Escrow Agent for services performed pursuant to this Agreement. 4.9 Grading Permit Review. The City will complete review and issue a determination regarding La Pianta's Clearing and Grading permit application for the Tukwila South Project within 30 days of determining that such application is complete for areas outside of the shoreline jurisdiction. For areas within the shoreline jurisdiction, La Pianta shall submit a Shoreline Substantial Development Permit along with the Clearing and Grading Permit. The City will promptly review the Shoreline Substantial Development Permit, and forward its decision to the Department of Ecology for review. The City will complete review of the Clearing and Grading permit application within thirty (30) days and issue a decision after the expiration of the Department of Ecology's review period for the Shoreline Substantial Development permit. La Pianta shall segregate the Clearing and Grading permit application into separate applications for those portions of the Tukwila South Project inside and outside the 200-foot shoreline environment, respectively, and the City shall review and issue such separate permits independently. These grading permit applications shall not operate to vest La Pianta to the SNIP or any Floodplain Regulations. 4.10 South 178th Street Project. The Administration of the City shall recommend to the City Council that the realignment of South 178th Street, as depicted in the 90% construction drawings, be added to the City's Capital Improvement Plan. 4.11 Vacation of Frager Road/Southcenter Parkway and the City Triangular Parcel. Pursuant to RCW 35.79.010, the City has by resolution initiated a vacation of (i) that portion of Frager Road/Southcenter Parkway described in Exhibit 7, attached hereto, and (ii) the "City Triangular Parcel," which is more particularly described in Exhibit 6 of this Agreement. The City agrees that there will be no remaining public use or benefit to that portion of Frager Road/Southcenter Parkway described in Exhibit 7 and the City Triangular Parcel, following dedication of the Southcenter Parkway right-of-way as set forth in Section 4.3.2 above. Therefore, the City shall, simultaneous with La Pianta's dedication of the Southcenter Parkway right-of-way set forth in Section 4.3.2 above, vacate Frager Road/Southcenter Parkway and the City Triangular Parcel at no cost to La Pianta and the other adjoining landowners, as applicable. The conveyance of the property to La Pianta pursuant to the vacation will occur within thirty (30) days after the completion of the Southcenter Parkway Project. 4.12 Transfer of the City Detention Pond. The City hereby determines that there is no remaining public use or benefit to the following property and shall transfer to La Pianta, free and clear of all encumbrances and for no additional consideration, in its as -is, where -is condition, the "City Detention Pond," which is more particularly described in Exhibit 6 of this Agreement. Subject to the terms set forth in Section 4.2.5, the City shall convey the City Detention Pond within thirty (30) days of the completion of the annexation. The City shall undertake all 06/10/2009 -22- necessary actions required to declare said parcel surplus, and convey the parcel to La Pianta in the manner required by law. 5. Development Under This Agreement. The Tukwila South Project will be developed under the jurisdiction of the City pursuant to the terms and conditions of this Agreement. This Agreement sets forth the development standards, mitigation measures, and other conditions of development for the Project. Proper operation and maintenance of surface water management systems, adequate sewer service capacity, adequate public safety facilities and services, and adequate transportation facilities will be fully satisfied through La Pianta's compliance with the requirements of this Agreement. Provided La Pianta satisfies its obligations under this Agreement as such obligations may arise, the City shall provide on a timely basis the necessary City public infrastructure specified in this Agreement needed to support build -out of the Project, subject to the condition of securing the necessary funds to construct such improvements and City Council approval for such improvements. 5.1 Native Growth Protection Areas (NGPA). No development shall be permitted to occur in a Native Growth Protection Area except trails, the Orillia Road Connector and utilities, including, but not limited to, electrical transmission lines, placement of which must be approved by the City; water and sewer system lines; access roads for levy maintenance. Clearing limitations within NGPA areas shall be those identified in the existing Tukwila Municipal Code, subject to the provisions of this Section 5.1. Clearing and ground disturbing activities associated with mitigation activities are permitted, with City permits. Once the Sensitive Areas Master Plan is implemented and mitigation areas are enhanced, restored, or created, NGPAs shall be left permanently in an undisturbed vegetated state and shall not be cleared or improved except as necessary to (1) prune or remove dead or diseased trees, and vegetation reasonably adjacent to developed areas of the Tukwila South Property, (2) remove invasive or exotic vegetation, (3) prune or remove trees or other vegetation presenting a threat to life or safety or growing over roadways, levees, drainage ditches, trails, or other corridors that must be kept clear, or (4) maintain mitigation areas; or (5) permit the work expressly described in this Section 5.1. For the purposes of this Agreement, the NGPAs on the Tukwila South Property are identified in Exhibit 3 attached hereto. 5.2 Vesting of Development Regulations. The proposed development as described in this Agreement shall vest to the following development regulations in effect on the date of execution of this Agreement (the "Development Regulations") for the Term of this Agreement: The Tukwila Comprehensive Plan (Ord No. 2070 adopted November 22, 2004, as amended by Ordinance 2218 adopted December 15, 2008); the Tukwila Zoning Ordinance (Title 18, TMC); the Tukwila Subdivision Ordinance (Title 17, TMC); Shoreline Master Program designations and pre -designations, transportation concurrency regulations; stormwater, surface water treatment and quality, and surface water retention and detention design standards and ordinances (including the requirement of the NPDES permit effective February 2007); SEPA regulations and substantive SEPA policies. 06/10/2009 -23- Development of the Property shall not be subject, during the Term of this Agreement, to any amendments to, or replacements of, the Development Regulations listed above. These are rights vested under state law for purposes of RCW 36.70A.300 (3)(a). In accordance with Section 3.5 above, La Pianta will comply with the provisions of the SMP and the Floodplain Regulations in effect on the date of each complete development permit application. 5.2.1 Police Power/Pre-emption. Nothing herein relieves La Pianta of any obligations it may have during the Term to comply with state or federal laws or regulations of any kind, including but not limited to those related to storm, surface water and floodplain management. The proposed development shall not be vested against the application of development standards that are imposed by virtue of state or federal pre-emption of the City's regulatory authority. As provided by RCW 36.70B.170(4), the proposed development shall not vest against new development regulations to the extent the new regulations are required by a serious threat to public health and safety. 5.2.2 International Codes. The International Building Code, International Fire Code, and other construction codes in effect in the State of Washington as of the date of the filing of a complete application for a building permit shall apply to all new development and the redevelopment or modification of existing development. 5.2.3 Scope of Vesting. The vesting described herein shall apply for fifteen (15) years from the' effective date of the annexation provided in Section 4.1 (the "Term" of the Agreement). For those development standards not specifically enumerated in this section or in Section 5.2.1, the Land Use Process approvals shall be governed by the City codes and standards in effect upon the date of complete application. 5.2.4 FEMA. La Pianta is obligated to comply with applicable FEMA National Flood Insurance Program regulations that are in effect at the date of any building, grading or clearing permit application. 5.2.5 Optional Regulations. During the Term of this Agreement, La Pianta may at its option develop the Property or portions thereof in accordance with new code provisions or generally applicable standards for that subject adopted after the date of execution of this Agreement, without the obligation to bring other portions of the Property into conformance with newly -adopted codes or regulations. 5.3 Transportation. 5.3.1 Concurrency Approval. Pursuant to TMC 9.48 and TMC 21.04, the City has determined that the Tukwila South Project, up to the Trip Ceiling (hereinafter defined), meets the City's standards for transportation concurrency approval and mitigates significant adverse impacts to the City's transportation system; provided that the Tukwila South Project must be developed in compliance with the terms of this Agreement, including compliance with requirements that La Pianta pay transportation impact fees applicable at the time of building permit issuance. 06/10/2009 -24- 5.3.2 Trip Ceiling for Tukwila South Project. New development within the Tukwila South Project under this Agreement is limited to new development generating net new p.m. peak hour vehicle trips (inbound and outbound) ("Net New Trips") not exceeding the Trip Ceiling. New development within the project exceeding the Trip Ceiling shall be subject to mitigation and concurrency requirements applicable at the time of application. The number of Net New Trips for the Project for which full mitigation and concurrency approval is established under this Agreement (the "Trip Ceiling") shall be 10,166 Net New Trips from new development, comprising not more than 2,646 Net New Trips inbound to the Project and not more than 7,520 Net New Trips outbound from the Project. The methodology for determining Net New Trips for any phase of the Tukwila South Project (including assumed values for trip generation and percentages for trip reductions) shall be as set forth in the Transportation Impact Study incorporated in the Tukwila South EIS for the Tukwila South Project. Trip counts shall be estimated at the perimeter of the Project site; trips internal to the Project shall not count against the Trip Ceiling. Transportation impact fees shall apply only to the Net New Trips allocated to the proposed new development. Subject to the provisions of this Agreement, these 10,166 Net New Trips shall be reserved by the City for use by La Pianta hereunder for the Term of this Agreement. If La Pianta is in compliance with the requirements of this Section, La Pianta will only be required to produce a trip generation study for each development project in order to identify the associated Net New Trips for that project. (a) Construction of Orillia Road Connector. La Pianta shall construct at its own expense a new 4-lane arterial connector between Orillia Road S. and Southcenter Parkway Extension ("Orillia Road Connector"). La Pianta shall complete construction of the Orillia Road Connector within 6 years of the time 7500 Net New Trips are generated by the Project (the "Orillia Road Completion Date"). After the Orillia Road Completion Date, no Net New Trips from the remainder of the Trip Ceiling may be used by La Pianta until this improvement is completed and accepted by the City. La Pianta shall, at its own cost, obtain all state, federal, and local permits and approvals required for the Orillia Road Connector. Subject to applicable laws and ordinances and the terms and conditions of this Development Agreement, the City agrees to cooperate with La Pianta in obtaining such permits and approvals. The Orillia Road Connector will consist of four lanes. A diagram of the Orillia Road improvement is attached hereto as Exhibit 10. (b) If the Orillia Road Connection, required hereunder cannot be constructed within the time frame set out herein for reasons outside the control of La Pianta, then if La Pianta desires to continue with new development absent the construction of either of this improvement, La Pianta may, as an alternative to construction of the Orillia Road Connector (i) reduce or defer the amount of development proposed in the Project; (ii) implement Transportation Demand Management (TDM) strategies and/or (iii) construct other transportation system improvements ("Alternative Mitigation"). The City shall approve such Alternative Mitigation if, with such Alternative Mitigation in place, the Project passes a test under the City's transportation concurrency requirements, applying the requirements of TMC 9.48 and the City's traffic concurrency ordinance. Provided that under no circumstance can the cap of 10.3 million square feet of new building floor area (as that term is defined in Section 3.1) be exceeded by implementing TDM strategies or Alternative Mitigation measures. 06/10/2009 -25- 5.3.3 Credit for Existing Trips. As described in the Tukwila South EIS, the existing development on the Project site generates a total of 1,241 p.m. peak hour vehicle trips (298 trips inbound and 943 trips outbound) ("Existing Development Trips"). Existing Development Trips shall not count against the Trip Ceiling, and are not subject to impact fees hereunder. Existing Development Trips may be used as a credit against trip generation from new development to the extent existing uses are permanently discontinued and/or existing structures are removed ("Credit Trips"). The existing development and Existing Development Trips are set forth in Exhibit 11. La Pianta may allocate available Credit Trips to the proposed new individual development, as development occurs. 5.3.4 No Additional Transportation Concurrency or SEPA Review Required. Since the City has determined compliance with the mitigation requirements identified in this Agreement satisfies transportation concurrency and substantive SEPA requirements for the Tukwila South Project, no additional SEPA review or transportation concurrency review shall be required for development that is within the Trip Ceiling for the Term of this Agreement, except additional SEPA review may occur as set forth in Section 6.2 below. 5.4 Stormwater Regulation. 5.4.1 Description of Surface Water Control Facilities. The surface water control facilities for the Project shall include: 5.4.1.1 Parcel storm drains. Parcel storm drains will provide collection and conveyance of runoff from individual development parcels to a primary trunk storm drain within Southcenter Parkway from S. 180th Street to S. 200th Street (the "Trunk Storm Drain"). 5.4.1.2 Trunk storm drain. The Trunk Storm Drain will drain into two detention/water quality facilities - the North Basin ("North Facility") and the South Basin ("South Facility"), and are more particularly described in Section 5.4.1.3. The North Basin will outflow into the S. 180th Street Pump station, which will route stormwater either to the Green River or into the P-17 Drainage Basin. The South Basin will outflow into the Green River. Emergency overflow of the South Basin will be discharged to Johnson Creek. 5.4.1.3 Water quality treatment and detention facilities. The stormwater control system includes two major water quality treatment and runoff control facilities (one each in the north and south portions of the site). Each facility shall be constructed as a combined water quality/detention ponds and sized to meet the water quality treatment and runoff control requirements for the area being served, including the Expansion Areas. The South Facility shall provide at least Level 1 flow control as defined in the 2005 King County SWDM. The North Facility shall control the peak flow magnitude of runoff to at or below 75% of the designed pumping capacity of the S. 180th Street Pump Station. Both the North and South Facilities will be open ponds, and a preliminary design of the facilities are set forth in the Tukwila South EIS. The water quality/detention facilities will operate to 06/10/2009 -26- .i Cr provide the required level of downstream peak flow control. The detention facilities will include a dead storage component for water quality and a live storage component representing the required detention volumes. The site development phasing may include phased construction of detention and water quality facilities or the use of temporary facilities for the early site development. Temporary use of the South Facility may also be used for site development within the North Basin, provided that such use does not exceed the capacity of the South Facility. 5.4.2 Stormwater Standards. This Section specifies the surface water management standards applicable to the Tukwila South. Project during the Term of the Agreement, including the existing Segale Business Park and the proposed Expansion Areas. 5.4.2.1 Vested Design Standards for Surface Water Control Facilities. City of Tukwila Development Guidelines and Design and Construction Standards (Second Edition, Revision 1, 2005) and the 1998 King County SWDM provide the approved methods for the analysis and design of the surface water management components for the Project during the Term of this Agreement, except for the South Facility where conservation flow control is required under the 2005 King County SWDM, and except for those modifications listed in Table 1 (the "Stormwater Standards"). Where not otherwise specified, design standards of the 1998 King County SWDM will apply. The Stormwater Standards supersede any other applicable TMC, SWDM, and basin/water quality plan requirements during the Term of this Agreement. The Stormwater Standards include the Code Modifications specified in Table 1. Furthermore, some adjustments in the natural location of discharge (including minor inter-subbasin diversions of runoff) will be permitted as a result of changes in development area drainage collection, detention, treatment, and outfall locations. Other adjustments from the applicable SWDM, design standards or other applicable surface water management regulations may be requested during the site plan review process and evaluated in accordance with the criteria in TMC 18.41D.090. Nothing herein shall relieve La Pianta from any obligation to comply with applicable state and federal stormwater regulations currently in effect or adopted in the future. 06/10/2009 -27- TABLE 1. Code Modifications SWDM Manual Section / TMC SWDM Manual / TMC — Reference Text Code Modifications Rationale SWDM Core Requirement #1 Discharge at the Natural Location • "All surface and storm water runoff from a proposed project that proposes to construct new, or modify existing drainage facilities must be discharged at the natural location so as not to be diverted onto, or away from, the adjacent downstream property..." • • During development, minor changes to natural drainage shed boundaries and tributary areas are inevitable due to grading of roadways etc. Interpretation that existing discharge points to the Green River do not constitute separate "natural" discharge points • • Other minor on -site sub - basin routing through detention ponds and discharges to on -site wetlands etc. are not formal variances from core requirement #1 but shall be reviewed during the preliminary plat technical review or the detailed engineering drainage review. The existing discharge points are man -installed culverts through the levee system. The Green River is a "managed" flow system and is a direct receiving water above and below the project site. Proposed future discharge points from post developed basins will not pose an adverse impact to the River. SWDM Core Requirement #3 Flow Control • Level 1 flow control identified for the Site area of Tukwila South • The Manual prescribed Level 1 flow control is not proposed for the North Basin runoff. • All runoff from the North Basin drains to City stormwater pump stations. The control of runoff and stormwater detention design is geared to the capacity of these existing pump stations. This is not specifically listed in the Manual as an allowed exemption. SWDM Core Requirement #8 Basic Water Quality Treatment Design •Water quality design flow per KCSWDM Sec. 6.2.1 • Sizing methods utilizing the HSPF model from the project Master Drainage Plan • Would best meet the intent of the design standard by utilizing continuous simulation and historic data. TMC 14.30 Storm Water Management TMC 14.30.070 Standards requires that all activities be undertaken in accordance with the 1998 King County Surface Water Design Manual \ • All facilities would be in accordance with the 1998 King County Surface Water Design Manual, unless site constraints or other provisions such as LID require variation to design specifics. • To allow for maximum flexibility of the site, and acknowledging the site design particulars, adequate water quality and detention will be provided, but may vary from Manual design specifics. 06/10/2009 -28- 5.4.2.2 Grading Ordinance Design Standard Modifications. The following exceptions from Grading Ordinance No. 2062 shall apply to the Project during the Term of this Agreement: a. A significant tree survey and tree replacement plan are not required. b. Slope grading - Slope stability and slope grading limitations shall be evaluated within site development areas based on geotechnical evaluation and applicable codes. c. A vegetative restoration plan is not required except for the wetland mitigation portions of the NGPAs. d. Project notification and permanent NGPA signs are required. e. Points of drainage discharge are not limited to the nearest practicable drainageway - Required methods of managing natural discharge from springs, streams, or other natural sources are to be defined in the approved Master Stormwater Infrastructure Plan (hereinafter defined). f. Proposed modifications to surface water management provisions are governed by TMC 18.41D.090. g. Any construction activities, including site grading and building, during wet or dry seasons shall be allowed provided such activities meet with the stormwater quality requirements set forth in the NPDES Permit. 5.4.2.3 Impervious Area Limitations. In the "Development Area", up to 85% of the developable area served by each stormwater facility may be covered with impervious surfaces, unless otherwise altered with City approval in the design phase. Expansion Areas described in Section 3.4 of the Development Agreement are included in the impervious area calculations. The sizing of surface water control facilities may be adjusted to reflect actual land use impervious areas in final design as indicated in the final approved Master Stormwater Infrastructure Plan. 5.4.2.4 TESCP and NPDES Requirements for all Construction. Temporary Erosion and Sedimentation Control Plans ("TESCPs") will use SWDM Best Management Practices ("BMPs") to minimize the extent of soils disturbance in contact with surface runoff during construction, and to maximize disturbed soil stabilization/cover practices to reduce erosion potential. This will apply to both dry and wet season construction. The TESCPs will be developed to comply with Core Requirement No. 5 and Appendix D of the SWDM, and Department of Ecology requirements as identified in the NPDES Permit. The TESCPs will be implemented in Project grading permits, which shall be submitted for City review and approval. Multiple TESCPs will be required to accommodate the phasing of site development. La Pianta shall comply with all project inspection requirements concerning surface water TESC plans that are set forth in the NPDES Permit. 06/10/2009 -29- 5.4.3 Stormwater Infrastructure Development. 5.4.3.1 La Pianta Obligations. La Pianta shall implement the following stormwater mitigation conditions at its sole expense, in accordance with the timing requirements set forth below: Mitigation Measures 1. A temporary stormwater treatment system shall be installed per the requirements of the 1998 King County SWDM during the first construction season. Prior to its completion, all stormwater from construction or cleared areas shall be retained on site. Timing During the first construction season. 2. Install a long-term construction stormwater polymer treatment system. 3. Construct the elevation of the separating berm between the Green River and the Green River Off Channel Habitat Area excavation to prevent Green River inflow to the excavation during the high flow season. Constructed and operational prior to the start of any discharges from the site. During the first construction season and prior to first wet season construction activities. 4. Install a sediment curtain or similar measures to minimize sediment release to the Green River when the separating berm between the Green River Off Channel Habitat Area and the river is removed. Installation before breaching the berm adjacent to the off -channel habitat restoration project, during a time window defined in the Hydraulic Project Approval (HPA) for the project. 5. Prepare and implement the SAMP wetland mitigation plan to compensate for the filling of low -value wetlands. Approval of SAMP plan by the Department of Community Development Director prior to the start of site mass grading during the first construction season; wetland mitigation construction will start the first year of construction and be complete during the third year of construction. 6. Prepare and implement a fisheries mitigation plan pursuant to the SAMP. Approval of the SAMP plan by the Department of Community Development Director prior to the start of site mass grading during the first construction season; mitigation construction will start the first year of construction and be complete during the third year of construction. 06/10/2009 -30- 4 11 4 7. Construct a temporary North Facility and the South Facility as part of the permanent stormwater management system. Approval of the temporary North and permanent South Facilities plans shall occur prior to the start of site grading during the first construction season. 8. Prepare a Master Stormwater Infrastructure Plan. Approval shall be obtained prior to start of utility work. 5.4.3.2 City Obligations. During construction of the Southcenter Parkway Project, the City shall install stormwater conveyance infrastructure, including the Trunk Storm Drain, within Southcenter Parkway to connect to the North Facility and the South Facility. 5.4.4 Master Stormwater Infrastructure Plan. Master Stormwater Infrastructure Plan. La Pianta shall prepare and submit as part of the Tukwila South Project's application for a Clearing and Grading Permit, a Master Stormwater Infrastructure Plan for Tukwila South. The plan shall substantially comply with all the criteria of Section 5.4 of this Agreement including this Section 5.4.4, and be consistent with the Stormwater Standards of this Agreement and shall address the Tukwila South Project's compliance with the eight core requirements and five special requirements specified in Section 1.1.2.4 of the 1998 King County Surface Water Design Manual - Large Site Drainage Review. The City shall review the Stormwater Infrastructure Plan and may require changes if necessary to ensure overall compliance. Issuance of the Clearing and Grading Permit shall be governed by Section 4.9 herein, and approval of a final Master Stormwater Infrastructure Plan shall not be required prior to issuance of the Clearing and Grading Permit. 5.4.5 Monitoring. Monitoring shall be performed as required under the 401 Certification and the NPDES permit for construction discharge issued and administered by the Washington Department of Ecology, and for Total Suspended Solids ("TSS") as shown in Table 2. TABLE 2 NORTH AND SOUTH FACILITIES TOTAL SUSPENDED SOLIDS (TSS) MONITORING PLAN Plan Element Implementation F Comments Objective Report Facility water quality performance to the City as estimated by TSS monitoring (used as performance measure in the 1998 SWDM). Monitoring Start for Each Facility Upon 70% buildout in the catchment served by each Facility Begin monitoring when there is sufficient buildout to generate TSS, but not while active construction influence persists (construction discharge to be monitored under NPDES permit requirements). 06/10/2009 -31- Plan Element Monitoring Frequency Monitoring Duration Monitoring Method Implementation o Five times per year o During storms exceeding 1/4 inch of rain in 24 hours o Four times during Oct 1 through March 30 (wetter season) o One time during May 1 through Sept 30 (drier season) Three consecutive years per Facility Grab samples at Facility outlet during active rainfall Comments Collect samples under a range of conditions through the year, but concentrating on the wetter season when the majority of discharge volume will occur. Samples analyzed at a Washington Certified analytical laboratory Criterion TSS (cumulative average during the monitoring for each Facility) shall be lower than 20 mg/L The 1998 King County SWDM's treatment goal is to remove 80% of TSS for flows or volumes up to and including the WW design flow or volume. Flows and volumes in excess of the WQ design flow or volume can be routed around the WQ facility or can be passed through untreated. The monitoring plan assumes that the inflow WQ will between 30 to 100 mg/L TSS and therefore proposes a criterion of 20 mg/L (80% removal of the upper estimate). Reporting Once annually to the City Within 60 days of last wet season result from the analytical laboratory. Response to Data The water quality performance data shall be provided to the City for its use in making future decisions on stormwater management. If the data indicates that the North and South Facilities are not functioning properly due to improper construction or lack of required maintenance by La Pianta, then La Pianta shall remedy such condition promptly at its expense. 06/10/2009 -32- 6. SEPA Compliance. 6.1 Prior SEPA Documents. Development within the Project areas as contemplated in this Agreement has been addressed and analyzed in prior environmental documents, including but not limited to environmental impact documents prepared for Tukwila's Comprehensive Plan and the Tukwila South environmental impact statement (collectively, the "SEPA Documents"). The SEPA documents shall constitute compliance to the fullest extent possible under SEPA for all Implementing Approvals. For purposes of this Agreement, an "Implementing Approval" means a land use approval or permit subsequent to the execution of this Agreement which implements or otherwise is consistent with this Agreement, including but not limited to plats, short plats, binding site plans, site development permits, grading and building permits and utility permits. Subject to the provisions of this Section, no further SEPA review is required, and no additional substantive SEPA mitigation measures are required beyond those set forth in this Agreement. 6.2 Further SEPA Review Limited. Except as set forth herein, no further SEPA review shall be required for the Project. The City may require additional SEPA review based only the following conditions: (a) An Implementing Approval or requested modification materially exceeds the Project Envelope (hereinafter defined) and governing Development Regulations; or (b) The City concludes (pursuant to SEPA, SEPA Rules, and City SEPA regulations) that substantial changes have been made to the Tukwila South Project so that, as mitigated, it is likely to have significant adverse impacts not previously analyzed in a SEPA environmental document, and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regulations; or (c) The City concludes (pursuant to SEPA, SEPA Rules, and City SEPA regulations) that there is new information indicating probable significant adverse environmental impacts of the Tukwila South Project not previously analyzed in a SEPA environmental document which cannot be mitigated below a level of significance by applicable local, state or federal regulations. For purposes of this Agreement, "Project Envelope" means the level and range of development (including maximum structure height, floor area, bulk and use) analyzed within one of the alternatives reviewed in the Tukwila South EIS and any subsequent addenda or SEPA Documents which may be issued by the City. The Project Envelope includes all of the physical aspects of a general development plan, individual project, or other on -site or off -site physical improvements as disclosed and analyzed in 06/10/2009 -33- 44. the Tukwila South EIS. As used herein, "materially exceeds" means the proposal, as mitigated, is likely to have significant adverse impacts not previously analyzed in the SEPA Documents or any other SEPA environmental document prepared for property within the Tukwila South Project area and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regulations. 6.3 Written Notice. If the City determines at any time during the Term that it intends to require additional SEPA review for any Implementing Approval, the City shall give La Pianta written notice thereof and provide La Pianta an opportunity to modify the Implementing Approval application so as to render such additional SEPA review unnecessary. 7. Dispute Resolution Process. 7.1 The parties shall use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: (a) Level One — La Pianta's project manager and a City staff member appropriate to the nature of the dispute (selected from among the City's Deputy Director of DCD, Building Official, Fire Marshall or City Engineer, or a designee of any of the foregoing identified by the Administration)) shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two. (b) Level Two — La Pianta's principal and the City's Community Development Director or Public Works Director (or a designee of either of the foregoing identified by the Administration) shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) business days after referral of that dispute to Level. Two, either party may refer the dispute to Level Three. (c) Level Three — La Pianta's principal (or designee) and the Mayor and the City Administrator (or the City Administrator's designee) shall meet to discuss and attempt to resolve the dispute in a timely manner. Counsel for the parties shall be permitted to attend Level Three meetings. 7.2 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, either party may refer the dispute to binding arbitration, as set 06/10/2009 -34- Al X forth herein. At all times prior to resolution of the dispute, the parties shall continue to perform and make any required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. 7.3 In the event that a dispute is referred to binding arbitration, the parties agree to the following procedure: (a) Binding arbitration between the parties pursuant to this Section shall be governed by the rules and procedures set forth in this Section. (b) Within seven (7) calendar days of the date the dispute is referred to binding arbitration, each party shall provide the other party with the names of three neutral arbitrators having significant experience in the subject matter of the dispute and in arbitrating disputes. The parties will thereafter attempt in good faith to select an arbitrator from this panel of six candidates. (c) If the parties to the dispute are unable to agree upon a single arbitrator within twenty-eight (28) calendar days of the date the dispute is referred to binding arbitration, then each party shall designate one arbitrator from its panel of three, the two arbitrators selected in that manner will choose a third arbitrator from among the remaining panel members, and this third arbitrator so selected would act as the single arbitrator for the dispute. (d) Upon selection of the arbitrator, said arbitrator shall determine the question(s) raised within fourteen (14) calendar days, unless a different period of time is otherwise agreed upon by the parties in writing, provided that issues of arbitrability may not be decided by the arbitrator. Said arbitrator shall then give both parties reasonable notice of the time (which time shall be within thirty (30) calendar days of the arbitrator's determination of the questions raised, unless a different period of time is otherwise agreed upon by the parties), and place of hearing evidence and argument; take such evidence as the arbitrator deems relevant, with witnesses required to be sworn; and hear arguments of counsel or others. (e) After consideration of all evidence, testimony and arguments, said single arbitrator shall, within thirty (30) days of completion of the hearing, promptly state such decision or award in writing. Said decision or award shall be final, binding, and conclusive on all parties to the arbitration when delivered to them, except as provided in Subsection 7.3(h). Until the arbitrator issues the first decision or award upon any question submitted for the arbitration, performance 06/10/2009 -35- under the Agreement shall continue in the manner and form existing prior to the rise of such question. After delivery of said first decision or award, each party shall forthwith comply with said first decision or award immediately after receiving it. (f) La Pianta and the City shall share equally the compensation, costs, and expenses of the arbitrators, but each shall be responsible for their own fees and expenses of its own witnesses, exhibits, and counsel. La Pianta and the City shall pay the compensation, costs and expenses of the single arbitrator or the additional arbitrator in the board of arbitrators in equal shares. (g) The arbitrator shall have the authority to enter awards of equitable remedies consistent with the obligations of the City and La Pianta under this Agreement. (h) The arbitrator shall not have the authority to enter any award, the satisfaction of which by the party to be bound, would be impermissible under any law, regulation, or funding agreement to which the bound party is subject. The determination of any such impermissibility shall be made by a court of competent jurisdiction within the State of Washington and under the laws of the State of Washington. Any such determination shall be appealable. 7.4 This dispute resolution process will not apply to the following disputes: (i) disputes regarding the accounting of Project revenues and City expenditures; and (ii) disputes concerning the letters of credit. Any disputes regarding revenues/expenditures must utilize the dispute resolution process outlined in Section 4.8.3. Issues of arbitrability of a dispute shall be determined by the Presiding Judge, King County Superior Court. 7.5 Nothing in this Section 7 shall preclude either party from seeking injunctive or equitable relief prior to the initiation or completion of this dispute resolution process. 8. Modifications to Agreement. This Agreement contains all terms, conditions and provisions agreed upon by the parties hereto, and shall not be modified except by written amendment executed by both parties. Amendments to this Agreement that materially modify the intent and policy of the Agreement must be approved by the City Council. Other amendments may be approved by the City Mayor. 9. General. Provisions. 9.1 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. 06/10/2009 -36- 9.2 Recording. This Agreement or a memorandum thereof shall be recorded against the Tukwila South Property as a covenant running with the land and shall be binding on La Pianta, its heirs, successors and assigns until this Agreement expires on its own terms pursuant to Section 5.2.3. 9.3 Agreement Binding on Successors; Respective Obligations of La Pianta and Parcel Builders. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of La Pianta, and upon the City, except as limited and conditioned in this Agreement. La Pianta's general duties and obligations under this Agreement for the Tukwila South Project are not intended to be delegated to Parcel Builders unless a particular duty or obligation, specifically and directly related to the Development Parcel in question, is expressly imposed by the City as a term or condition of an Implementing Approval for that Parcel. 9.4 Parcel Builders' Obligations; Notice to City re Parcel Builder; Declaration of Covenants for Tukwila South Project. The parties acknowledge that development of the Tukwila South Project may involve transfer of undeveloped or partially -developed development parcels in the Tukwila South Property or the Expansion Areas, each a "Development Parcel," to one or more Parcel Builders. Those Parcel Builders will in turn own, develop and/or occupy portions of the Tukwila South Property and buildings thereon as part of the Tukwila South Project. Parcel Builders shall be obligated with respect to all conditions of Implementing Approvals applicable to their respective Development Parcels, unless such an obligation is specifically identified in this Agreement or in the Implementing Approval as that of La Pianta. For purposes of this Agreement, a "Parcel Builder" shall mean an owner or lessee of all or a portion of the Development Area authorized for development pursuant to this Agreement, or a successor or assign of an owner or lessee, who develops and/or occupies portions of the Tukwila South Property or an Expansion Area, or develops and/or occupies buildings thereon as part of the Tukwila South Project, provided however, that building tenants shall be excluded from this definition. 9.5 Interpretation; Severability. 9.5.1 Interpretation. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall be construed to exclude from the scope of this Agreement and to reserve to the City, only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. If a Tukwila South Development Standard conflicts with an otherwise applicable provision of the Tukwila Municipal Code, the Tukwila South Development Standard shall control. 06/10/2009 -37- 440 9.5.2 Severability. If any provisions of this Agreement are determined to be unenforceable or invalid in a final decree or judgment by a court of law, then the remainder of this Agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full force and effect. In that event, this Agreement shall thereafter be modified, as provided immediately hereafter, to implement the intent of the parties to the maximum extent allowable under law. The parties shall diligently seek to agree to modify the Agreement consistent with the final court determination, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed. If the parties do not mutually agree to modifications within forty-five (45) days after the final court determination, then either party may initiate the arbitration process under Section 7 for determination of the modifications that will implement the intent of this Agreement and the final court decision. 9.6 Authority. Each party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Agreement. 9.7 Exhibits and Appendices Incorporated. Exhibits 1 through 11 are incorporated herein by this reference as if fully set forth. 9.8 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 9.9 Time of the Essence. Time is of the essence of this Agreement and of every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business day. 9.10 Entire Agreement. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Agreement supersedes all previous agreements, oral or written. 9.11 Default and Remedies. 9.11.1 Cures Taking More Than Thirty Days. Except as expressly provided otherwise in this Agreement, no party shall be in default under this Agreement unless it has failed to perform as required under this Agreement for a period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be 06/10/2009 -38- A- reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. 9.11.2 Rights of Non -Defaulting Party. A party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Agreement. 9.11.3 Attorneys' Fees. In any action to enforce or determine a party's rights under this Agreement, the prevailing party shall be entitled to attorney's fees and costs. 9.12 Relief Against Defaulting Party or Portion of Tukwila South Property. In recognition of the anticipated transfers by La Pianta of parcels of the Tukwila South Property to Parcel Builders, remedies under this Agreement shall be tailored to the Tukwila South Property or parties as provided below. 9.12.1 Relief Limited to Affected Development Parcel. Any claimed default shall relate as specifically as possible to the portion or Development Parcel of the Tukwila South Property involved, and any remedy against any party shall be limited to the extent possible to the owners of such portion or Development Parcel of the Tukwila South Property. 9.12.2 Relief Limited to Affected Owner. To the extent possible, the City shall seek only those remedies that do not adversely affect the rights, duties or obligations of any other nondefaulting owner of portions of the Tukwila South Property under this Agreement, and shall seek to utilize the severability provisions set forth in this Agreement. 9.13 Term. The Term of this Agreement shall be as set forth in Section 5.2.3 above. Until such time as the City revises the comprehensive plan or development regulations which apply to Tukwila South during the Term of this Agreement, the goals of the comprehensive plan and the development regulations to which the project vests will continue to apply to the Tukwila South Property following the expiration of this Agreement. 9.14 No Third -Party Beneficiary. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. Parcel Builders in Tukwila South shall be deemed to be successors under this provision. 06/10/2009 -39- Y •0r. 9.15 Interpretation. This Agreement has been reviewed and revised by legal counsel for both parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Agreement. 9.16 Notice. All communications, notices, and demands of any kind that a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Attn: Mayor's Office and Director of Public Works and Director of Community Development If to La Pianta: La Pianta LLC P.O. Box 88028 Tukwila, Washington 98138-2028 Attn: Mr. Mark A. Segale Notice by hand delivery or facsimile shall be effective upon receipt, provided that notice by facsimile shall be accompanied by mailed notice as set forth herein and shall be evidenced by a machine -printed confirmation of successful transmission. If deposited in the mail, certified mail, return receipt requested, notice shall be deemed delivered forty- eight (48) hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. 9.17 Delays. If either party is delayed in the performance of its obligations under this Agreement due to Force Majeure, then performance of those obligations shall be excused for the period of delay. For purposes of this Agreement, economic downturns, loss in value of La Pianta assets, inability to obtain or retain financing, do not constitute a force majeure event. 9.18 Payments. Any payments made pursuant to the terms of this Agreement shall be made within thirty days of invoice, unless otherwise specified in the Agreement. Any late payments shall be subject to interest charges at the rate of 12% per annum. 9.19 Indemnification. Except as otherwise specifically provided elsewhere in this Agreement and any exhibits hereto, each party shall protect, defend, indemnify and hold harmless the other party and their officers, agents, and employees, or any of them, 06/10/2009 -40- from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of the party's own officers, agents, and employees in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a party, the party whose negligent action or omissions gave rise to the claim shall defend the other party at the indemnifying party's sole cost and expense; and if final judgment be rendered against the other party and its officers, agents, and employees or jointly the parties and their respective officers, agents, and employees, the parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each party shall indemnify and hold the other parties harmless only to the extent of that party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. 9.20 Tukwila South Project is a Private Undertaking. The Tukwila South Project is a private development and the City has no interest therein except as authorized in the exercise of its governmental functions. In Witness Whereof, the parties have caused this Agreement to be executed, effective on the day and year set forth on the first page hereof. 06/10/2009 -41- 16. e 40. CITY OF TUKWILA, a Washington municipal corporation • Haggert yor Date: 6 —10- C29 ATTEST: By: APPROVED AS TO FORM: La Pianta LLC, a Washington limited liability corporation By: Metro Land Development, Inc., Its: Manager By: M.A. Segale, President Date: CO-/0-09 06/10/2009 -42- Exhibits 1 to 11 of the Development Agreement adopted by Ordinance 2233 can be found in a separate Laserfiche file titled: Ord 2233 Exhibits 1 to 11 Attachment E CHAPTER NINE TUKWILA SOUTH TUKWILA COMPREHENSIVE PLAN w ELEMENT 9 TUKWILA SOUTH TUKWILA SOUTH WHAT YOU WILL FIND IN THIS CHAPTER: • Background on Tukwila South's long-term vision as a multi -use, regional employment center, with residential and retail; • Discussion of issues that affect Tukwila South; and • Goals and policies for achieving Tong -term, quality development, while protecting the environment and providing recreational opportunitiies. PURPOSE Tukwila South is intended to be a multi -use regional employment center containing technology, office, commercial and residential uses. National and international employers will be featured in campus settings. Retail activities may range from individual large-scale national retailers to neighborhood retail and shopping centers that support office and high-tech campuses and residential neighborhoods. Residential uses may include a mix of single-family and primarily multi- family dwellings at Ilow, medium, and high densities, providing a variety of housing opportunities. Tukwila South will create a memorable and regionallly identifiable place by building upon the Northwest tradition of quality outdoor environments and quality building materials, combined with traditional Puget Sound building elements. ISSUES Unified Ownership —Shared Vision The Tukwila South area comprises nearly 500 acres and is largely under single ownership by Segale Properties LLC, with a few parcels owned separately. In 2009, the City of Tukwila approved a master plan for the Tukwila South Project, which comprises a majority of the Tukwila South area. The Master Plan defined the goals, objectives and vision for the Tukwila South project area. Also in 2009, the City of Tukwila and Segale Properties LLC, entered into a Development Agreement for Tukwila South project that vests the project to existing land use regulations until 2024. Both the Master Plan and the Development Agreement reflect the shared vision of the City and Segale Properties LLC in the future development of Tukwila South. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 9-2 ELEMENT 9 TUKWILA SOUTH Tukwila South; 505 Acres Legend .1.11 - Tukwila City Limits 111.1. Tukwila South Overlay Path R:IPmjeclslTASoum.Imd Aerial View of Tukwila South TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 9-3 ELEMENT 9 TUKWILA SOUTH FLOOD CONTROL Flood control is regulated and managed by several levels of government: • The Federal Emergency Management Agency (FEMA) maps flood plains and operates the National Flood Insurance Program. In Tukwila, this program covers the urban center, part of Tukwila South, the light industrial area south of South 180th Street, and Fort Dent Park. • The US Army Corps of Engineers permits, certifies and, in some cases, operates federally -constructed levees for flood control. Tukwila has a federally certified levee on the left bank of the Green River between SR- 405 and South 190th Street. • The King County Flood Control District is a special purpose government agency charged with funding, policy development and construction projects to improve flood control structures throughout the County. Tukwila contracts with the Flood Control District for levee maintenance services. Tukwila's Comprehensive Plan includes goals, policies and implementation strategies that are consistent with King County's policies related to flood management. • The City has responsibility for localized flooding from streams. Flood control projects are identified and prioritized in its Comprehensive Surface Water Plan and individual stream basin plans. Land Use and Environmental Much of Tukwila South lies in a valley formed by the Green River, with a valley wall to the west consisting of both steep and moderate forested slopes. Until recently much of the valley portion of the site was used for agriculture, along with residential and commercial uses in the north part of the area. Several watercourses, some of which may be salmonid bearing, and wetlands have been identified in Tukwila South, both in the valley and on the slopes to the east of Interstate 5 and Orillia Road South. The Tukwila South Project, being completed by Segale Properties under a Development Agreement with the City, includes the alteration of two streams and filling of several acres of wetlands. As mitigation for these alterations, stream and wetland enhancements have been completed south of South 200th Street. Additional fisheries impacts are being mitigated by construction of a seven -acre off -channel habitat area adjacent to the Green River. A segment of the Green River levee protecting the west valley floor in Tukwila South has been reconstructed to enhance flood protection of the area and to ensure reasonable flood insurance costs for property owners. Additionally, the City has issued Segale Properties LLC a grading permit that allows the Tukwila South project to be filled well above the 100-year flood elevation. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 9-4 ELEMENT 9 TUKWILA SOUTH The valley wall represents a large portion of Tukwila South. This area is predominantly vacant with some low -density residential detached single -unit structures. Landslide potential is moderate to high for portions of the valley wall. These areas are protected by Native Growth Protection Area easements and will remain undeveloped in perpetuity. Transportation, Access and Utilities Two new street projects have been completed to improve circulation in and around Tukwila South. The extension of Southcenter Parkway through Tukwila South has greatly enhanced the development potential of the area. The construction of South 184th Place to replace South 178th Street has provided a safer east/west connection for south King County residents. Utilities, such as electric power, gas, communication, water and sewer, have been constructed in Tukwila South, and are capable of serving the envisioned future urban development. A regional surface water system for management of stormwater is being developed in Tukwila South. (The south portion of the system has been constructed; the north portion will be constructed in the future.) Tukwila South has excellent connectivity to the regional freeway system, with direct access available to Interstate 5 and State Route 167. Access to Interstate 405 can be obtained via State Route 167 or West Valley Highway. Mass transit to the area is currently limited, and the area is not served by either light or heavy rail. Services The area is located adjacent to the Tukwila Urban Center area, which has one of the largest concentrations of retail square footage in the region. Tukwila South is currently served by Highline, Kent and Renton School Districts. Children currently living in the area are bused to Renton for school. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 9-5 ELEMENT 9 TUKWILA SOUTH THE TEN PRINCIPLES OF THE TUKWILA SOUTH MASTER PLAN D LONG TERM VISION —The development of Tukwila South will be guided by a long-term vision that will create a different, more cohesive development pattern than if the property was developed on a parcel -by parcel -basis. D CREATING A DESTINATION —Tukwila South will become a regional destination. D BUILDING VALUE — Development decisions will be weighed by their ability to maximize the site's potential to create value. D MULTI -USE —Tukwila South will include employment, goods and services, and housing. The project will be multi -use and include a wide range of businesses instead of focusing on industrial retail users. Residential is also being considered to bring additional vitality to the area. D INCREASING DENSITY OVER TIME —Tukwila South will be planned to accommodate increased density over time. D QUALITY OF ENVIRONMENT —Tukwila South will create a memorable and regionally identifiable place. D CONNECTIONS —Tukwila South will connect externally to neighboring and regional assets, as well as internally by connecting its districts and other uses. This principle goes on to discuss the need to provide pedestrian connections throughout the project. D AMENITIES —Tukwila South will create a comprehensive amenities system that leverages the site's assets. D IMPLEMENTATION STRATEGY — Development must be strategically phased to successfully transition Tukwila South from agricultural and industrial property to an urban destination. ENVIRONMENTAL STEWARDSHIP —Tukwila South will be developed in a manner that preserves, protects, and restores the natural features of the area. GOALS, POLICIES AND STRATEGIES Quality Development GOAL 9.1 Tukwila South will become a regional destination developed with high -quality mixed -use, office, retail and residential uses, while protecting the environment and providing recreational opportunities. POLICIES 9.1.1 Implement the Tong -term vision and master plan for Tukwila South, in order to create a more cohesive development pattern than if the property was developed on a parcel -by -parcel basis. 9.1.2 Design infrastructure to accommodate increased employment and residential density over time. 9.1.3 Encourage the use of entry features, landscaping and public open space to make Tukwila South a memorable and regionally identifiable place. 9.1.4 Encourage development in Tukwila South to have internally integrated districts and uses, in addition to external connections to neighboring and regional assets. 9.1.5 Construct a comprehensive amenity system in Tukwila South that leverages the area's assets. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 9-6 ELEMENT 9 TUKWILA SOUTH 9.1.6 Ensure development in Tukwila South is designed and implemented in accordance with the approved Sensitive Area Master Plan, to protect and enhance the natural environment. 9.1.7 Support efforts to relocate the City boundary between the cities of Tukwila and SeaTac, using Interstate 5 as a logical boundary between the two cities. Implementation Strategies Zone for office, technology/flex space and housing, while limiting the overall size and type of retail and service uses. Administer the City's Commercial Design Guidelines for Tukwila South. El Develop Residential Design Guidelines for Tukwila South. Regulate, implement, and monitor sensitive areas in accordance with the sensitive areas master plan. Obtain easements and, when funding is available, construct a north/south river trail. Explore a pedestrian connection over the Green River that connects Tukwila South to the City of Kent on the east side of the Green River. Ensure that internal pedestrian connections are in place to connect buildings with one another. ✓ Partner with the City of SeaTac and King County to lobby the Washington State Department of Transportation and regional agencies for improved freeway access at South 188th Street. ® Lobby King County Metro and Sound Transit to increase mass transportation in the area, including rapid ride buses, express bus services, and light rail. Develop a system to track trip generation in Tukwila South, to ensure that the terms of the Development Agreement with Segale Properties, LLC Inc. are met. ✓ Obtain City control and ownership of Segale Park Drive"C" per the Addendum to the Tukwila South Development Agreement. Develop an Interlocal agreement to realign the corporate boundary between Tukwila and SeaTac. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 9-7 ELEMENT 9 TUKWILA SOUTH RELATED INFORMATION Development Agreement Background Memo TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 9-8 Attachment F City of Tukwila REVISION SUBMITTAL Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Web site: http://www.TukwilaWA.gov Revision submittals must be submitted in person at the Permit Center. Revisions will not be accepted through the mail, fax, etc. Date: 8/29/17 Plan Check/Permit Number: L17-0031 ❑ Response to Incomplete Letter # ❑ Response to Correction Letter # X❑ Revision # 1 after Permit is Issued ❑ Revision requested by a City Building Inspector or Plans Examiner ❑ Deferred Submittal # Project Name: Tukwila South Preliminary Plat Project Address: Tukwila South Contact Person: Mark Segale Phone Number: 206-575-2000 Summary of Revision: 1.) Cover Letter 2.) Segale Properties LLC Tukwila South Preliminuy Plat Phasing Plan Sheets 1 & 2, Dated August 29, 2017 3.) Segale Properties LLC Tukwila South Final Plat Phasing Plan Sheets 1 & 2, Dated August 29, 2017 Sheet Number(s): N/A "Cloud" or highlight all areas of revision including date of revision Received at the City of Tukwila Permit Center by: ❑ Entered in TRAKiT on W \Permit CenteATemplates\Forrnaevtewn Submittal Formdoc Revised August 2015 SEGALE PROPERTIES A LIMITED LIABILITY COMPANY COMMERCIAL • INDUSTRIAL • AGRICULTURAL • NATURAL RESOURCES August 29, 2017 Max Baker Assistant Planner City of Tukwila Department of Community Development 6300 Southcenter Blvd. Tukwila, WA 98188 Re: Tukwila South Preliminary Plat L17-0031 Dear Max, Per our meeting and discussions with staff, enclosed please find the documents listed below as supplemental materials to the Segale Properties Preliminary Plat (L17-0031) submitted on June 9, 2017. 1. Segale Properties LLC Tukwila South Preliminary Plat Phasing Plan, Sheets 1 and 2, dated August 29, 2017 2. Segale Properties LLC Tukwila South Final Plat Phasing Plan, Sheets 1 and 2, Dated August 29, 2017 We request that the previously submitted Phasing Plan included as part of the L17-0031 Preliminary Engineering Plans from June of 2017 be replaced by the enclosed Tukwila South Preliminary Plat Phasing Plan (item #1 above). We recommend that the City Staff Report request that the Hearing Examiner make findings and conclusions in his preliminary plat decision, that the Tukwila South Preliminary Plat Phasing Plan (item #1 above) and the anticipated Tukwila South Final Plat Phasing Plan (item #2 above), show Phases, FDTs and NBTs consistent with the requirements of the Tukwila Municipal Code. We also request that the Hearing Examiner impose phasing -related conditions on the preliminary plat, some of which have been revised from the initial preliminary plat decision as shown below (deletions shown in stiikethr-eugh and additions in underline): AUG .?zUit Cr ••� PO BOX 88028 • TUKWILA, WA 98138 • 5811 SEGALE PARK DRIVE C • TUKWILA, WA 98188 P 206.575.2000 • F 206.575.1837 • www.segaleproperties.com "2. Prior to final approval of lots in any phase, adequate provision shall be made to ensure that all necessary utilities and infrastructure are in place to serve the proposed lots within that phase of the plat." "4. 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 private roads to meet City standards Page 24 of 24 (roadway width shown in attachment B is acceptable), including, but not limited to street lighting, drainage, and pavement thickness." "5. Prior to final approval of any phase or phases, the applicant shall install all public works infrastructure, including construction of the private roads located within that phase or phases. 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 to Exhibit 1 (Tukwila South Preliminary Engineering Plans)." "6. As part of the final plat application for any phase including one or more private streets, 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." "8. All easements, including, but not limited to open space, pedestrian, and access (with corresponding recording numbers) shall be noted on the first phase of the final plat, and may be supplemented or amended as to lands taken to final plat status in later -recorded phases. final plat aocuments " In addition, Segale requests that the Staff Report recommend to the Hearing Examiner a preliminary plat condition calling for the following notes to be placed on the face of the Final Plat: X. NON -BUILDABLE TRACTS TRACTS DESIGNATED WITH THE ACRONYM NBT ARE NON - BUILDABLE TRACTS THAT ARE 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 Page 2 of 3 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 OF A COMPLETE LAND USE APPLICATION AND THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC. X. 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. Thank you for your assistance in this matter. Please contact me if you have any questions at (206) 575-2000. Very truly yours, SEGALE PRO :RTIES LLC Mark A. Enclosures Page 3 of 3 Attachment F TUKWILA SOUTH PRELIMINARY PLAT - PHASING PLAN PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N., R. 4 E.W.M. TUKWILA, WASMINGTON. VS/P t`! . istait , oa \AI - • itk ODOM HEAtE 2 PHASE 2 MOW=ISAT/ONOMI I COIN=LOTRMMI MI DOOOI MO{1MM LIM1OlY1MCF WD, DOOYBOIM AIM *PIVOT DENOTES PILE b +A r• F ao r :1* PHASE 3 MOWS P ATEInUOMY I COM=LOT MI MI Id mom IOOOKLTAEmaxe war MD DMOIMMMNBAMA NWT NOTE THE SEQUENCE AND TIMING FOR DEVELOPMENT SHOWN ON TUN PHASING PLAN 6 NOT INTENDED TO BE ABSOLUTE AND REPRESFN1S LIKED PHASES BASED ON CURRENT MARKET CONDITIONS PHASES MAYBE RECORDED CONCURRENTLY, OR 1N A DIFFERENT ORDER THAN SHOWN ON T1116 MAP, USED ON MARKET CONDITIONS. FOR EMUPEE, T 6 ANTKPATED THAT PHASES 1, 2 AMOS WILL PROCEED FIRST AND BE RECORDED CONCURRENTLY, ON A FINAL PLAT DESIGNATING ALL RMAINING PHASES AS FUTURE DEVELOPMENT TRACTS. ALLPHASES WREAK RECORDED WTNIN THE AWNED TERM OF 716 P11WMINART PLAT. AND ANY EXTENSIONS GRANT®. RECEIVED AUG 29 2017 Community Development A e a n c)F 1Nf a IRGtR •MEL N/A Atli I V 2 TUKWILA SOUTH PRELIMINARY PLAT - PHASING PLAN PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N., R. 4 E.W.M. TUKWILA, WASHINGTON. ca 10 N 4 y t e pad gi Mita WARM N/A ueveiopmen TUKWILA SOUTH FINAL PLAT - PHASING PLAN PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N., R. 4 E.W.M. TUKWILA, WASHINGTON. 0 • OHMO FDT-1 'PHASE 4' FDT-1 B • N ism 1/1 0e101Ce PRAM! a ♦� NME PHASE 3 WIN Wain PVC IPMCl TRACT 1 NOTE: THE SEQUENCE AND TIMING FOR DEVELOPMENT SHOWN ON TH6 PHASING PUN 6 NOT INTENDED TO RE ABSOLUTE AND REPRESENTS MELT PHASES BASED ON CURRENT MARKET CONDITIONS. PHASES MAY W RECORDED CONCURRENTLY, OR IN A DIFFERENT ORDER fl1ANSHOWN ON TIES MAP, RASED ON MARKET CONDR90NS. FOR CRAMP LE. IF 5 ANTICIPATED THAT MUSES 1, 2 AND E WILL PROCEED FIRST AND OF RECCRDB CONCURRENTLY, ON A FINAL PUT DESIGNATING ALL REMAINING PHASES AS FUTURE DEVELOPMENT TRACTS. ALL PHASES WILL DE WOODED WORN THE ALLOWED TEAM Of THE PREHMINARY PUT, AND ANY E1TEI61016 GRANTED, RECEIVED AUG 29 2011 Community Development i h 63 ILll 2 104. hoc N/A slm;I AA2 TUKWILA SOUTH FINAL PLAT - PHASING PLAN PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N., R. 4 E.W.M. TUKWILA, WASHINGTON. DENOTES F T 7 POC ▪ CBIOf®6FDT-s urn - 015I0IE6 FDT-ri 'PHASE 15' FDT-12 argl.rAOE TRACT rr`� `nr. RN-0 N\A,SAT it= IA 'PHASE 10' FDT-7 POT-0 'PHASE 13' FDT-10 lam 0I1I11<AOEDMCr. .Ofr Novo 'PHASE 16' FDT-13 !NM DMCrI WANE IMIN RI NI ifilf rort11w - Damn RIT-6 0016 Par. 'PHASE 11' FDT-8 41 ORNIPA01 WC? 11 /A31!RAC? I nD �� olsieAa MCI• 0A4 DMCfI RNM rori� �rvl+ Iw \Ak• un LS - DHIOIE6 FDf-11 'PHASE 14' FDT-11 b 1' PKa ,cam --4 • "i �NA cagmgraris 007-0 .HA>CDMQI 'PHASE 1T FDT-14 RECEIVED mart whit N/A Mamma *WOG 2 oat 2 r 2 Community DeveIooment Attachment G �a"Y •'SL : •r'••10'wr'SWwr 3 aacw. POTENTIAL ANNEXATION AREA i S w; �e e Fer..s..m.M MICM e, Figura 169 Cornmeroal Redevelopment Mu In rid Tukwila ttt Bhd Contd. wed Mr camn..del purposes mum be assembled with lot to north. LDR 51405t . MI III 1I —;MDR .& ■ I I —7 NCC e R fi LL • - 140 , HOR Lom_Iiiii er Iirk . ■ ■ i!I : 1 .... ...... OP I M � II "Gm min M4as1169 at 1a&tale praM perimeter mum front n Lents inti atlarW Blvd Tukwila Urban Center Corridor Types itl.„ - Commercial Corridor •^^m^'• Future Commercial Conldor —•• freeway Frontage Condor - Neighborhood Corridor Future Neighborhood Corridor Tukwila Pond Esplanade Urban Condor Future Urban Corridor Walkable Condor Future Walkable Corridor ^ Workplace Corridor - Future Workplace Corridor Zoning Districts, Overlays, and Sub -Areas SEATTLE C!ity of Tukwila Comprehensive Plan & Zoning Map e PYe:n10. ruesertwllr ORela0.%ni11.11 Mareuss./6r.nbo..eYn.M0..aalS..u. This is a graphic representation of land use designations originally adopted by City Council on 12/04/95, updated through Ordnance 2452. Revisions Date =11e0 Description 01/1911999 L96-0043 Designate Commercial Retiblmeon ken Alin he Tuka6a IMemafonal Bhd. Corridor 08/192002 L01-071 LDR b CLI (and removal of Public Recna9on Merl)) an parcel 00021100006 located on Interrben between S. 13911 St and S. 1401 St. 11/18/2004 L03-078 LDR&C/Jb MILS. Demon Tu6Mbkdelnelri SW. and34t M.S.ei&12811i S1 L56-096 RCC b LDR M 1442751MM. S. L07-067 MICMbU between End Marginal WayS,S.N6rNkSt 2195 and Boeing Access Rd. L05-029 Tukwila Sault 0 yDMbctEstabliei.d 2235 1.09002 MDR b HDR.13421614411S0 2255 06-082 Estebf9h Urban Renewal0rday of.tict l area 12257 bounded byS.14011 on he norhem edge, 371, M. S. on to western edge, 5.14611St on he soot and 42nd M.BonMeast. 0912020101.08085 MICA.lo O end LORD OoS115h1t 2308 0920.20101.10-002 CILIIo MDR an Macadam Rd. S.8143005. 133rd St I.15034 Establish ZmhgCmdstentwlh Comprenenews Plan Desgnafons In Tukwila Soot MneaaIon area. MILL la LDR in he wciniyo13800 S. 115th St 2340 guerantise 0®FVeaene pmperhl. MICMbUa110200 ERR Marginal Way S. 2942 TUCbHIvl8, ender aSouth Orday 2412 12103/2007 12i092007 00082009 101182009 10Nf2058 09202010 01N92011 D7/182011 10202014 1.10015 1.11-002 1.160049 RENTON Ord 8 1884 1992 2089 2114 2311 2312 ,v A 3 rr Public R.creshon Oveney a- - e ManutecWringdMuatriel Canter Boundary L - 4r...,.i TB Urban Renewal Overlay District Tukwila South Ov.rley District Tukwila City limb o Pmntlm Mneutln Mu UDR Loa Density Residential 11111 0 MDR Median Denelly Rulden0el RCC HDR High U.neny Residential MUD Mixed Uee Office Office Residential Commercial Center NCC Neighborhood Commerdel Center 111111 RC Regional Commercial RCM Regional Commerciale/Ind Use CU Commercial LighllnelusWe! U Light industrial M Heavy Industrial MICR Manufeelurklg Indu.M.l CentedLygnt Industrial MICIH Menulactudng Industrial Centre/Heavy Industrial INE TVS Edo.. Valley South TUC-P Tukwila Urban Center - Pond Shoreline Overlay (Approximately 200' each side of the river) TUC -RC Tulewila Urban Center- Regional Centre TUC -CC Tukwila Urbn Centre- Commercial Condor TUC•WP Nikkei!. Urbn Center- Workplace ® TUC-TOD Tukwil. Urban Center -Tnnsl Oriented Development Attachment H lukwlla South Project RECEIV G'i✓ EDJune 2017 Subdivision — Preliminary Plat Application JUN 09 2011 REVIEW CRITERIA Community Development An application for Preliminary Plat approval is processed under TMC 18.104.010.3, as a Type III application, and is required to address the City of Tukwila's review criteria. This Project Narrative addresses compliance with Title 17.14 of the Tukwila Municipal Code (TMC), specifically TMC 17.14.020 (D) "Criteria for Preliminary Plat Approval" as follows: 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. INTRODUCTION TO THE PROJECT The Tukwila South Preliminary Plat (the "Plat") is the process by which lands within the Tukwila South Master Plan (the "Master Plan") will be divided into developable Tots and sensitive area and utility tracts. The Plat was designed consistent with the Master Plan and the approved Grading Plans (PW 10-063 and PW 10-064), Sensitive Area Master Plan (L10-014) and Shoreline Substantial Development Permit (L10-025). Subdividing the Tukwila South property is the logical approach to creating buildable lots, identifying infrastructure to serve the lots and separating useable property from sensitive areas. This Plat is proposed somewhat out of the ordinary order course for site development; typically, preliminary plat approval is granted prior to issuance of a grading permit or construction of infrastructure improvements. Here, many of the necessary permits have already been issued, much of the infrastructure is already in place and the decision regarding the type and intensity of development has already been made (see the Page 1 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application Development Agreement and Master Plan). Given that the type and intensity of development of the land has been agreed to, and that the majority of the infrastructure is either already in place or planned, the Plat clearly complies with RCW 58.17. The primary purpose of submitting this Plat is simply to create new legal lots in one uniform process, rather than incrementally processing a number of lot line adjustments. The preliminary plat is a more efficient process for the City of Tukwila (the "City") and Segale Properties LLC ("Segale"), and it should make the Tukwila South Project (the "Project") easier to market to potential users. As previously stated, much of the infrastructure needed to serve the Plat has been installed and the permits allowing the construction of additional improvements have been issued. A list of 1permits that have been issued for the Project is included herewith. Work on the Project commenced in 2010 with site grading and construction of the new Southcenter Parkway. The backbone infrastructure for the Plat has already been completed, including: the extension of Southcenter Parkway from S. 180th St. to S. 200th St., water and sewer main in the Southcenter Parkway right-of-way, stormwater facilities (including the regional north and south stormwater facilities and associated outfalls), and underground electric and gas transmission lines. The site grading permit authorizes Segale to fill the site to the final elevation identified on the Plat, which is above the 100 — year base flood elevation ("BFE") identified in the DFirm issued by FEMA in 1995. The Plat will require the construction of two private access roads; one to serve lots 9-16 located in an area commonly referred to as the "horseshoe" which is approx. 45 acres located on a bend in the Green River, the other to serve lots 22-24 located at the south end of the Project. Storm, sanitary sewer and water will be extended in the new private access roads, as well as to lots 34 & 35 and 38 & 39. The property has been 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. The Plat also includes one (1) non -buildable tract. The non -buildable tract is a small portion of property that is separated from other lots by a sensitive area and for which access and utilities are not readily available. Segale has elected to identify this property as a non -buildable tract that may be developed at some point in the future should the opportunity to extend access and utilities arise. The difference between a non -buildable tract and a lot is that a lot will be served by all necessary utilities and can be built on, whereas a non -buildable tract has to go through further permitting after the appropriate infrastructure is in place in order to become a buildable lot. The concept of non -buildable tracts has been routinely used by King County. The primary consideration in designing the lot configuration within the Plat was the design of the newly constructed Southcenter Parkway extension. The new roadway was designed with seven intersections providing east/west access to the adjoining property. Parcel boundaries were located to allow for each intersection to provide access to a minimum of two lots. The location of sensitive areas was also a consideration in lot design and resulted in some irregular shaped Tots with sinuous lines rather than the Page 2 of I 1 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application traditional square and rectangle shapes. The hillside topography also factored in to the lot layout with lot boundaries following the grades as set forth in the approved grading plan. HISTORY AND MINOR MODIFICATIONS TO PRELIMINARY PLAT Segale previously applied for and, on September 19, 2013, the City Hearing Examiner approved a preliminary plat very similar to the application now being submitted. Segale sought to process minor modifications to that originally approved preliminary plat, but leamed that the City does not currently have adopted code provisions authorizing the processing of minor, or even major, modifications to an approved preliminary plat. Accordingly, in order to address changes in the real estate environment that occurred since 2013, especially to remove certain lands from the original 2013 plat approval, the City asked Segale to apply for a new preliminary plat. Segale files this new application with the understanding that the 2013 preliminary plat approval will continue to remain effective until the subsequent approval of this new Preliminary Plat application, including the passage of any available appeal period for the new preliminary plat. Segale expects to ground lease all or substantial portions of the lands to be platted to one or more developers or campus owners. Because a future ground lessee may want to make minor changes to the preliminary plat, and because the City still lacks a preliminary plat modification process, Segale asks that a condition be imposed on this new preliminary plat approval that authorizes the Community Development Director to administratively approve minor modifications to the preliminary plat, as an administrative Type I decision, including modifications of any nature which: (i) result in fewer lots or loss of land area, and do not increase the number of lots in the subdivision beyond the number previously approved; (ii) do not decrease the aggregate area of open space in the subdivision by ten percent (10%) or more; (iii) may realign intemal roadways and lot lines, but do not relocate any roadway access point to an exterior street from the plat; and (iv) which are consistent with applicable development standards. COMPLIANCE WITH RCW 58.17 RCW 58.17 stipulates that plats may be approved only if appropriate provisions are made for public health, safety, and general welfare, open spaces, drainage ways, streets or roads, alleys, or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and whether the public interest will be served by the subdivision. The City and Segale addressed many of these requirements when the Master Plan and Development Agreement were approved. As discussed elsewhere in this narrative, the water and sewer purveyors have determined adequate capacity is available to serve the Plat, and appropriate provisions have been made, or are planned, with respect to infrastructure to actually provide water, sewer and surface water control within the Plat. Surface water control facilities include two new detention/water quality facilities and a primary trunk storm drain. Open spaces are a vital component of the Project, with approximately 75 acres of open space within the Plat and an additional 37 acres outside the Plat, within the Project boundary. Page 3 of 1 I Tukwila South Project June 2017 Subdivision — Preliminary Plat Application With regard to traffic, the Plat includes two new private access roads which, together with the completed the Southcenter Parkway extension, will result in each lot having paved access to a public street. Additionally, the City previously determined that traffic impacts resulting from the Project can be adequately mitigated, and concurrency standards will be met, by payment of traffic impact fees and the construction of a new "Orillia Road Connector." Likewise, the City's adopted fire impact fee ordinance will apply to all new construction within the Plat and fire hydrants wall be located as appropriate. As for park and recreation facilities, the City does not have recreation space standards applicable to commercial development. However, a trail will run the length of the Green River levee and, consistent with the terms of the Development Agreement, the City and Segale will identify appropriate locations for easements that allow public access to the trail from Southcenter Parkway. TUKWILA COMPREHENSIVE PLAN & CITY ADOPTED PLANS COMPREHENSIVE PLAN The Tukwila Comprehensive Plan includes a section devoted to Tukwila South. The vision for the area, as set forth in the Comprehensive Plan includes the following statement: "this area represents an outstanding opportunity to create major new employment, commercial, and residential area." The uses identified in the Master Plan, and in this Plat application, are consistent with the Comprehensive Plan vision statement. The Comprehensive Plan also contemplates that a Master Plan should be required prior to any significant land altering within the Tukwila South subarea; a master plan has been approved and this Plat implements it. TUKWILA SOUTH MASTER PLAN Segale intends to develop the property consistent with the City's Master Plan as adopted with the Development Agreement dated June 10, 2009, between Segale and the City (Ordinance 2233). It is anticipated that development will proceed largely through a future ground lessee. The Master Plan covers the ±400-acre property as described above and provides the framework for its future development. The Tukwila South Overlay ("ISO") zone allows a variety of uses and the potential future uses and location of such uses were identified in the Master Plan. The design, shape and orientation of the proposed lots in the Plat are appropriate for a variety of potential uses across the large site. To encourage pedestrian activity Segale requested that the sidewalks along Southcenter Parkway be constructed 10-feet in width rather than the City's 8-foot standard design. In addition, the lots are laid out such that smaller lots, more appropriate for retail uses, are located at intersections and along Southcenter Parkway, where they will receive the higher degree of visibility and where they are readily accessible by pedestrians. Page 4 of I I Tukwila South Project June 2017 Subdivision — Preliminary Plat Application One of the primary tenants of the Master Plan is multi -use and, as stated in the Master Plan, "A development strategy that emphasizes multiple uses will increase the rate of development and create a more desirable environment for each use." The proposed Plat has a lot configuration that will foster the multi -use principle. The lot configuration creates districts wherein larger lots more appropriate for larger campus style office development are mixed with smaller lots more appropriate for land uses related to good and services such as retail and restaurant uses. The largest lots are located in the central and southern portions of the site which will serve as the campus development's core. The northern and southern -most ends of the project are the gateways to the development and those areas have been divided into smaller lots that can be developed into a variety of retail, hotel or residential uses. It is anticipated that residential uses will be located on the hillside at the southern and northern end of the site to take advantage of the views, though market forces may create a need for residential areas being mixed into the campus developments located along the edge of the Green River. The first phase of the Master Plan involves clearing and grading the entire developable area of the site and construction of infrastructure necessary to serve future development, including roads, utilities, and regional stormwater facilities. Many of the goals of the Master Plan have already been achieved. For example, construction of Southcenter Parkway is complete, construction of the regional stormwater detention facilities and temporary stormwater ponds is complete, mass grading has commenced, a new fish -friendly tributary and flap gate has been constructed for the Johnson Creek ditch, restoration of a 32-acre wetland complex has been completed and wetland creation and buffer enhancement of the Green River Off -channel Habitat has been finished. As required under the previously issued permits, monitoring and maintenance of these mitigation, habitat and enhancement areas is on -going. Each of these projects is a step forward in achieving the long-term vision of cohesive development of Tukwila South. SENSITIVE AREA MASTER PLAN To facilitate development of the Project, the City approved a Sensitive Area Master Plan (the "SAMP"), City project file number L10-014. The SAMP allowed Segale to develop an area -wide plan for alteration and mitigation of sensitive areas that results in improvements to water quality, fish and wildlife habitat and hydrology beyond those that would occur through the strict application of the provisions of TMC 18.45, the City's sensitive areas regulations. The sensitive areas and their corresponding buffers identified as "Native Growth Protection Areas" will be permanently protected with protection easements recorded against such property. This Plat allows Segale to distinguish sensitive areas from buildable areas by creating separate sensitive area tracts. The sensitive area tracts set forth in the Plat include the sensitive areas and their buffers as identified by the SAMP, therefore no additional buffer is necessary. Page 5 of I I Tukwila South Project June 2017 Subdivision — Preliminary Plat Application SHORELINE MASTER PROGRAM The Project is consistent with the City's Shoreline Master Program and implements the City's goal of developing a riverfront trail system. The Project is within the Urban Conservancy Environment where a 125-foot setback is generally applicable. Segale has received a shoreline substantial development permit and a shoreline grading permit that allows re -construction of portions of the Green River levee system consistent with the City's minimum levee profile which allows for a reduction in the shoreline setback. The new levee includes an 18-foot-wide top, which allows for a future City trail and a mid - slope bench that can be planted. The approved shoreline grading permit and shoreline substantial development permit allow construction of the levee, the off -channel habitat area and grading in order to increase grades to the proposed elevations identified on the Plat. The Project is consistent with the goals and polices of the Shoreline Master Program; the construction of the off -channel habitat area, the levee-layback and improvements to Johnson Creek all promote vegetation conservation and enhancement, restore shoreline ecological functions and preserve water quality. Furthermore, the Project will result in the redevelopment of an underutilized area in a manner that minimalizes shoreline impacts as contemplated by the Shoreline Master Program. RELEVANT SUBDIVISION AND ZONING ORDINANCES Tukwila South Overlay Zoning District (TMC 18.41) The Project properties have underlying zoning designations that include Tukwila Valley South ("TVS"), Mixed Use Office ("MUO") and Low Density Residential ("LDR"); however, the TSO district applies to all the properties. The TSO contains the development regulations and guidelines that apply to the property. The stated purpose of the TSO district is to encourage innovative uses, sites and comprehensive planning of large land parcels through a master plan. The Project, will accommodate long-term development of a maximum of 10.3 million square feet of mixed uses, including campus office, research environments and districts, retail, residential, hotel and recreational. The large-scale campus area would be positioned to support national and international companies specializing in emerging technology industries that have a need for a "campus" setting with expansion opportunities, a range of supporting retail, residential, hotel and recreational uses, and adjacent amenities. Prescribed development standards for non-residential uses are provided at TMC 18.41.090 — Basic Development Standards. Future development of individual lots and proposed uses will comply with the TSO Zoning district. Therefore, this proposal complues with this criterion. Page 6 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application State Environmental Policy Act (SEPA) In 2005, the City issued a Final Environmental Impact Statement ("FEIS") under SEPA for the Project. The FEIS analyzed the potential impacts associated with the Project, assuming full build -out of 10.3 million square feet of mixed uses generating a maximum of 10,144 net new PM peak hour trips. As the City has already completed environmental review for the Project, and this Plat fits within the envelope of the prior FEIS, no additional SEPA review is required for the Plat. Pursuant to section 6.1 of the Development Agreement, no additional' SEPA review is necessary for implementing approvals, which expressly include plats provided that the implementing approval does not materially exceed the Project Envelope. The proposed uses, trip generation and gross floor area of development is within the range of development analyzed by the SEPA documents, therefore this Plat application does not exceed the Project Envelope. The City has the option of adopting the FEIS as permitted in TMC 21.04.230 and WAC 197-11-600, but no SEPA-related public comment period is necessary. ROAD IMPROVEMENTS & UTILITIES ROAD IMPROVEMENTS The City issued a FEIS that analyzed the probable impacts resulting from development of the Master Plan. The FEIS included a Transportation Impact Analysis ("TIA"). The City determined that transportation impacts would be adequately mitigated by Segale (1) dedicating land for the Southcenter Parkway project, the main north -south corridor serving the Project area; (2) when development generates 7,500 net new trips, constructing the Orillia Road Connector; and (3) paying transportation impact fees. Southcenter Parkway provides connection to Interstate 5 and Interstate 405 to the north and Interstate 5 to the south via Orillia Road. The newly constructed S. 184th PI. now connects to S. 178th St. to the west at the City limit and to Southcenter Parkway to the east creating access points to lots 1 & 2. Southcenter Parkway was designed and constructed with a limited number of road stubs for future east -west connections to serve future development. A primary consideration in the lot layout for this Plat was the connections to Southcenter Parkway. It is anticipated that specific designs to accommodate vehicular circulation within each new lot will be determined during future Land Use Permit Processes for Site Plan review. The private streets will be designed according to City standards with 28-feet of paved roadway and a 40-foot easement. Access to future lots will be provided via private roads and existing public rights -of -way. Access points are shown on sheets ACC-1 and ACC-2. Segale is proposing to construct two commercial private access roads located on Access Tracts 1 & 2. TMC 17.20.030(C)(5)(e) and the City Infrastructure Design and Construction Standards Page 7 of I 1 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application (Section 4.1) expressly allow private streets when the streets serve commercial and industrial subdivisions or residential subdivisions when the street serves no more than four lots. Private dead-end streets over 200 feet in length are required to provide a cul- de-sac. The first commercial private access road will extend 1200' to the east from the 19000 Block intersection on Southcenter Parkway and will serve eight lots. Sewer, water, storm sewer, power, gas, and communications systems will be constructed as part of the private road and will connect to the Southcenter Parkway systems (see Utilities below). The road will be constructed per City standards and typical section of 40'ROW width, 28' pavement width, and minimum 46' radius cul de sac. The second commercial private access road will extend 400' to the south from the intersection of Southcenter Parkway and S. 200th St. and will serve four lots on the south end of the Project. Sewer, water, storm sewer, power, gas, and communications systems will be constructed as part of the private road and will connect to the above described Southcenter Parkway systems (see Utilities below). The road will be constructed per City standards and typical section of 40'ROW width, 28' pavement width, and minimum 46' radius cul de sac. MODIFICATION TO DEVELOPMENT STANDARDS The first preliminary plat application included a request that the Director waive the requirement set forth in Section 4.2.5 of the City Infrastructure Design and Construction Standards, which requires more than one connection to the existing public street system for any development, or part thereof, of four acres or more. t1'he Director of Public Works approved that request, as reflected on p. 14 of the Staff Report to the Hearing Examiner, dated September 6, 2013, and Hearing Examiner's Condition No. 5, from the original approval, dated September 19, 2013. The rationale for this approval remains the same and the approval remains in effect. ial] The rationale is that Segale has designed alternative access points where feasible, for example lots 21 & 22 each have two access points onto S. 200th St., and lot 4 is accessed by both Segale Park Drive C and Southcenter Parkway. However, the majority of lots within the Plat are accessed via Southcenter Parkway and the number of access points onto Southcenter Parkway was limited when that roadway was designed. It is simply not feasible to provide more than one connection to the existing public street system for the majority of lots that are larger than four acres without providing additional access points onto Southcenter Parkway. PEDESTRIAN CONNECTIVITY Pedestrian connectivity throughout the Project to future proposed lots will be provided via sidewalks within public rights -of -way and on private access roads. Additionally, internal pedestrian circulation systems will be provided within and between new development, redevelopment, and public sidewalks (Reference City Infrastructure Design and Construction Standards Section 4.0.11A.). Pedestrian connectivity also will be provided via trails. Pursuant to the Development Agreement for Tukwila South, at Section 4.5.1, Segale has already provided the City with a trail easement along the top of the levee extending from S. 180"' St. to S. 204th St. In addition, Section 4.5.1 calls for Segale to Page 8 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application prepare a plan identifying the "possible locations for eight (8) 14-foot-wide pedestrian corridors and connections" from the trail atop the levee to other off -site pedestrian trails and 'City rights -of -way, and the Development Agreement mandates that three of those eight connections be to trail connection points at S. 180th St., S. 200th St., and S. 204th St. The Development Agreement remains in effect and imposes this binding obligation on all lands subject to the Development Agreement. Segale has requested and the City Administrator has approved several extensions of the deadline for identifying these trail connection points, and the deadline currently is December 31, 2017. Because this is an independent binding obligation of the existing Development Agreement, the preliminary plat approval need not include any separate condition detailing the trail obligation. UTILITIES Existing Infrastructure The backbone utility infrastructure necessary to serve development of the lots proposed in the Plat has already been constructed as part of the Southcenter Parkway project. Existing utilities include potable water, sanitary sewer, stormwater drainage, power, and gas. Sewer, water, storm sewer, power, gas, and communications systems are stubbed with appropriate capacity at all Southcenter Parkway intersections to serve multiple Tots together with additional stubs to serve individual Tots. The storm sewer system includes two regional detention facilities, one at the north end and one at the south end of the Project. Sewer and water lines, with capacity to serve the proposed development, exist in S. 200th St., from Orillia Road to the new Southcenter Parkway. Utility easements will be provided along the front of lots 23-26 and 31-33 for power, gas, stormwater and communications. Utility easements will also be granted to connect lots 29 and 30 to the storm sewer, power, gas and communications system located in the Southcenter Parkway right-of-way and S. 200th St. right-of-way. A water line, with capacity to serve adjacent development, is located in S.184th PI., from the City limits to the intersection of Southcenter Parkway and S.184th PI. Utility easements will be granted on lots adjacent to S. 184th Pl. as required to extend sewer, storm sewer, power, gas and communications from the S. 184th PL. systems to lots 1 and 2. Segale Park Drive C is an existing private commercial access road. The existing utilities in Segale Park Drive C are connected to the above described Southcenter Parkway systems. Utility Providers The Plat is served by Highline Water District ("HUN") for potable water. The backbone water infrastructure necessary to serve development of the Tots proposed in the Plat was designed by HLW to accommodate the Project at full build -out and has already been constructed as part of the Southcenter Parkway and S. 184th PI. projects. Segale and HLW entered into cost sharing agreements for this work and upgrades to off -site water systems to serve the Project. Page 9 of 11 Tukwila South Project Subdivision — Preliminary Plat Application June 2017 The Plat is served by the City for sanitary sewer. The backbone sewer infrastructure necessary to serve development of the lots proposed in the Plat was designed by the City to accommodate the Project and has already been constructed as part of the Southcenter Parkway and S. 184th PI. projects. The Plat is served by Puget Sound Energy ("PSE") for electrical power. The backbone duct and vault power infrastructure necessary to serve development of the lots proposed in the Plat were designed by PSE to accommodate the Project at full build -out and has already been constructed by Segale, per State regulated tariffs. The work was completed in conjunction with the Southcenter Parkway and S. 184th PI. projects. As specific development within the Project occurs, PSE will install circuits and equipment as required to provide power, following State regulated tariffs. In addition, PSE will make power system upgrades, including but not limited to transmission lines, feeder lines, and a substation, as necessary to supply power at full project build -out. The Plat is served by PSE for gas. The backbone gas line infrastructure necessary to serve development of the lots proposed in the Plat was designed by PSE to accommodate the Project at full build -out and has already been constructed by PSE, per State regulated tariffs. The work was completed in conjunction with the Southcenter Parkway and S. 184th PI. projects. The Plat is served by CenturyLink and Comcast for communications. The backbone communications duct and vault infrastructure necessary to serve development of the lots proposed in the Plat was designed by the individual providers to accommodate the Project at full build -out and has been constructed by Segale, per agreements with CenturyLink and Comcast. The work was completed in conjunction with the Southcenter Parkway and S. 184th PI. projects. FINISHED SITE GRADES All Project finished site grades are above the flood plain. Finished site grades range from elevation 34.2 feet NGVD 1929 south of S. 200th St. to elevation 30.9 feet NGVD 1929 at the north end of the Project. The only portion of the Project within a flood plain is the area lying south of S. 200th St. within the Johnson Creek Flood Plain, per FEMA FIRM #53033C0967F. The Johnson Creek Flood Plain elevation is elevation 22 feet NGVD 1929. All other Project areas are outside of the flood plain as they are protected by levees from the 100-year flood. EXISTING STRUCTURES The existing structures on the Plat lie within proposed new lot lines. The single-family residence shown on sheet GR-3, Detail "E", does not meet the setback regulations. Segale has obtained a demolition permit under City permit #D17-0066, and will remove the structure prior to approval and recording of the final plat for the phase that includes the lands containing this single-family residence. Page 10 of 1 I Tukwila South Project June 2017 Subdivision — Preliminary Plat Application OPEN SPACE TRACTS Open space tracts 1 and 2 are located at the south end of the Project, adjacent to the previously completed river levee improvements that will allow a reduction in the shoreline buffer per TMC 18.44.050(D)(2). The area within the open space tracts includes the levee and buffer and because this area cannot be developed it makes sense to put it in an open space tract. In contrast, other areas adjacent to the river were not put in open space tracts because those lands are developable, including using the allowance for Urban Conservancy Buffer Width reduction found in TMC 18.44.050(D)(2). EXCEPTION PARCEL Parcel 022204-9036, owned by Tukwila Historical Society, is not a part of the Plat. The parcel has access through an existing access easement under King County recorders number 6246552. Page I 1 of 1 I Attachment i City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director January 14, 2014 NOTICE OF DECISION TO: Segale Properties, LLC, Applicant/Owner Washington State Department of Ecology Washington State Department of Fish and Wildlife King County Department of Assesstments Muckleshoot Indian Tribe 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: L12-028, Special Permission from the Director Applicant: Segale Properties, LLC Type of Permit Applied for: Special permission from the I)irector. Project Description: Special permission application to install essential utilities within the buffer of a wetland. Location: King County Parcel # 022204-9008 Associated Files: Comprehensive Plan Designation/Zoning District: E12-008 (Environmental Review) L12-026 (Design Review) Application was canceled L12-027 (Preliminary Subdivision) Tukwila Valley South Overlay II. DECISION SEPA Determination: A Final Environmental Impact Statement (FEIS) for the Tukwila South Project proposal was issued on July 7, 2005. The FEIS reviewed the impacts associated with large scale build -out of the Tukwila South area by the applicant. The proposed work, proposed with this special permission application, was not envisioned when the FEIS was issued. On December 14, 2012, the City issued an addendum to the 2005 FEIS to cover the proposed work proposed with this special permission application. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 Decision on Substantive Permit: The Community Development Director has determined that the special permission application does comply with applicable City and state code requirements and has approved that application, subject to the following conditions: 1. The applicant shall obtain a public works permit for all proposed grading and excavation work. 2. As specified by TMC 18.45.090 (E)(3), the project shall be subject to five years of monitoring. The monitoring period shall commence upon completion of the mitigation plantings and approval of the plantings by the City. 3. During the five year monitoring period, there shall be zero percent establishment of knotweed and its hybrids within the enhanced buffer area. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. No administrative appeal of a DNS or an EIS is permitted. One administrative appeal to the Hearing Examiner of the Decision on the Permit itself is permitted. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner decision. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14-days of the issuance of this Decision, that is by January 29, 2014. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing parry's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition all hearing examiner costs will be passed through to the appellant. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Hearing Examiner based on the testimony and documentary evidence presented at the open record hearing. The Hearing Examiner decision on the appeal is the City's final decision. Any party wishing to challenge the Hearing Examiner decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Hearing Examiner decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. The City's decision to issue a DNS, an MDNS or an EIS is final for this permit and any other pending permit applications for the development of the subject property. 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 Brandon Miles, who may be contacted at 206-431-3684 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. The notice board must be removed at the expiration of the appeal period if no appeal is filed. JPace, Director De ment of Community Development City of Tukwila Attachment 3 City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188-2544 November 18, 2015 Mark Segale Segate Properties, LLC P.Q. Box 88028 Tukwila, WA 98138 Dear Mark: Jim Haggerton, Mayor You have requested an extension of the deadline for Segale Properties, LLC to submit a plan for traits and bike/pedestrian connections to the City pursuant to Section 4.5.1 of the Tukwila South Development Agreement. This letter is to confirm that your request to extend that deadline to December 31, 2017 has been granted. This extension is being given because development has not yet occurred and, as such, the plan for trails and bike/pedestrian connections is not yet necessary. However, if development is undertaken prior to December 31, 2017, we will need to revisit this issue, and a trail plan may need to be provided to the City sooner. Please let me know if you have any questions. Verytrulyyou David Cline City Administrator cc: Rick Still, Director, Tukwila Parks and Recreation Rachel Turpin, City Attorney Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwitaWA.gov Recording Requested By And When Recorded Mail To: The City of Tukwila City Clerk 6200 Southcenter Blvd Tukwila, Washington 98188 11131111111111 201E 50716000578 PAGE-001 OF 011 g'®0 07/16/2015 11:23 KING COUNTY, WA i V EXCISE TAX NOT ri':c t1IRED King C.:. Ety=0 J irho- `7124 asputy TRAIL EASEMENT AGREEMENT Ref.#09-100 Grantor: Segale Properties LLC, a Washington Limited Liability Company Grantee: The City of Tukwila, a municipal corporation of the State of Washington Legal Description (abbreviat ' f) PTNS OF GOV'T LOTS 2, 5 AND 7 IN SEC 35, TWN 23N, RGE 4 E.W.M.; P NS OF GOV'T LOTS 8, 9, 10 AND 11 IN SEC 2, TWN 22 N, RGE 4 E.W.M. Additional legal description on paAt 7 - 10; hereinafter called Exhibit A. Assessor's Tax Parcel ID#s: 352309,055, 3523049121, 3523049018, 3523049115, 3523049116, 3523049041, 022204790n4, 0222049011, 0222049015 THIS TRAIL EASEMENT AGREEIVIFNT (this "Agreement") is made as of the aq day of , 2015 (Effept a Date"), by and between Segale Properties LLC, Washington limited liat iti company, formerly known as "La Pianta LLC," hereinafter called "Grantor", The City of Tukwila, a municipal corporation of the State of Washington, hereiner called "Grantee". RECITA Pursuant to Section 4.5.1 of the "Develop . e ""t Agreement By and Between the City of Tukwila and La Pianta LLC for the TukwiI South Development" dated June 10, 2009 (the "Development Agreement"), Gr' .trif r has agreed to grant to Grantee an easement over that certain real property described in Exhibit A attached hereto ("Easement Area"), for a north -south bike and pedestrian trail system, on the terms and conditions set forth in this Agreement. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Grant of Easement Grantor hereby grants to Grantee, its successors and assigns, a perpetual right and easement in favor of Grantee in the Easement Area to construct, maintain, repair, operate, inspect and replace a paved trail for use by the public as a bike and pedestrian path, including all appurtenances thereto, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the Easement Area ("Easement"), subject however, to all easements, reservations, covenants, conditions and restrictions of record. Promptly after the exercise of this right to enter onto and use the Easement Area, Grantee, and its respective employees, contractors and agents, shall make reasonable repairs to Grantor's property, as needed due to Grantee's exercise of the rights granted hereunder, to restore Grantor's property to as near to its original condition prior to Grantee's entry as physically feasible. Grantee shall maintain the Easement Area in a safe and good condition at all times, at Grantee's sole expense. Grantor reserves all rights to conduct within the Easement Area any maintenance or reconstruction activities TRAIL EASEMENT AGREEMENT PAGE I required for site improvements, and shall be entitled to close the Easement Area to public use for such maintenance or construction purposes for limited times from time to time, provided the Grantee, and its respective employees, contractor and agents, and the public are not unreasonably denied access to the Easement Area. Notwithstanding the foregoing, Grantee shall not permit the public to use the Easement Area until the later of: (i) three (3) years after the Effective Date of this Agreement, or (ii) completion of initial site grading of the Tukwila South area and the Green River Off -Channel Habitat Area as provided in the Development Agreement, but in no event later than four (4) years after the Effective Date of this Agreement. Pursuant to the Development Agreement, the Easement Area described herein is within the crown of the existing Green River levee, which is currently fourteen (14) feet wide in some locations throughout the Easement Area. The Parties agree that at such times hat Grantor redevelopments the Segale Business Park or at such time that a n e jvee is constructed, this Trail Easement Agreement shall be amended to increasethe,width of the Easement Area in all locations to comply with the requirements Of City's Shoreline Master Program that are in effect at that time. 2. Grantee's indemnification fGrantor Except as otherwise specifically rpvided elsewhere in this Agreement, each party shall protect, defend, indemnify a . did harmless the other party and their officers, agents, and employees, or any cif= em, from and against any and all claims, actions, suits liability, loss, costs, dhses, and damages of any nature whatsoever, which are caused by or result from -any negligent act or omission of the party's own officers, agents, and employees i either party's use of the Easement Area pursuant to this Agreement. In the even t aaat any suit based upon such a claim, action, loss, or damage is brought agaiins4,a{party, the party whose negligent action or omissions gave rise to the claim shall d, . er3d the other party at the indemnifying party's sole cost and expense; and Witrtal judgment be rendered against the other party and its officers, agents, ands iloyees or jointly the parties and their respective officers, agents, and employees, the parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each party shall indemnify and hold the other parties harmless only to the extent of that party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. Without limiting the generality of the foregoing, Grantee shall protect, indemnify, defend, and hold harmless Grantor, and its successors and assigns, from and against any and all loss, costs, claims, suits, liabilities, causes of action and expenses of any kind or nature (including reasonable attorneys' fees) arising out of, related to, resulting from or incurred by reason of or based upon, the release onto or from Grantor's property by Grantee, or any of its respective employees, agents, contractors and/or licensees, of any hazardous or toxic materials or substances, or the violation by any such party of any law or laws regulating the handling, treatment, storage, disposal, release, or transport of any hazardous or toxic materials or substances. 3. Insurance Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars per occurrence, and shall provide Grantor with a certificate of insurance or evidence of participation in a self-insurance risk pool from time to time upon Grantor's request, and will name Grantor, its successors and assigns, as additional insureds in the event Grantee should choose not to self -insure. TRAIL EASEMENT AGREEMENT PAGE 2 4. Binding on Successors and Assigns The rights, conditions, covenants and provisions contained in this Agreement shall inure to the benefit of and be binding on the parties hereto and their respective heirs, administrators, executors, successors and assigns and shall run with the land. 5. Eminent Domain If any part of any Easement Area is taken by any govemmental agency in the exercise of its power of eminent domain, the award granted under sudh proceedings, or any settlement in lieu thereof, for the taking of such property shall be wholly payable to Grantor. If less than all of the Easement Area is taken, the easement granted herein shall continue in full force and effect with respect to the portion of the Easement Area not taken. If all of any Easement Area is taken, the easement granted herein shall terminate and the obligations hereunder of Grantor and Grantee shall automatically cease ande'rminate as to that Easement Area when possession is transferred to the condemnnoagency, except for any obligations concerning events occurring prior to the te.z nation of the easement. 6. Grantor's Reserved Use Notwithstanding anything in this..Agreement to the contrary, Grantor reserves the right to engage in any uses that afdompatible with the full enjoyment by Grantee of the rights granted in this Agte riient. 7. Miscellaneous (a) In the event of any action or arbitraion by any party to this Agreement for breach of or to enforce any provisions or rhts hereunder, the reasonable costs and expenses incurred by the substantially previiing party in such action, including, but not limited to, such substantially prevailing part $ reasonable attorneys' fees, shall be paid by the other party or parties to such acion or arbitration. (b) Neither this Agreement nor any acts of a y party shall be deemed or construed by the parties hereto, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association. (c) Any modification, waiver, amendment, discharge or change of this Agreement shall be valid only if the same is in writing and signed and acknowledged by all of the parties, and an original thereof is recorded in the real property records of King County, Washington. (d) In the event any term, covenant, condition, provision, or easement contained in this Agreement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Agreement. (e) Paragraph captions are inserted as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or any of its provisions. TRAIL EASEMENT AGREEMENT PAGE 3 Entered into as of the day and year first above written. GRANTOR: SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Lan• Develop nt, Inc. Its: Manager By: Mark A. Segale, 'resident GRANTEE: THE CITY OF TUKWILA, a municipal corporation of the State of Washington By:. 43 Name: _syrh. Title: cti TRAIL EASEMENT AGREEMENT PAGE 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 1S' day of'Su" 0- , 2015, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mark A. Segale to me known to be the person who signed as Vice President of the Manager of Segale Properties LLC, a Washington 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 Lability Company for the uses and purposes therein mentioned, and on oath stated that he/she was duly elected, qualified and acting as said officer of the corporation, and that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHERE ¢F ,have hereunto set my hand and official seal the day and year first above writtn.v R . Coo _ O 44 jVOTAy `n 71 9 PUBLIC ;moo '-,?t5 •1 • OFvia t lame: "tear.:.,., Nola Public in and for the State of Washington, resi at: "T•,k. ti.. 1..•A My co. ' itsion expires: IL - i r- i Y TRAIL EASEMENT AGREEMENT PAGE 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this o? 1 day of , 2015, before me, the undersigned, a Notary Public in and for the tate of Washington, duly commissioned and swom, personally appeared Ji lri tfa •fdr--. , to me known to be the person who signed as of the City of Tukwila, a municipal corporation of the State of lashington, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that qUe was duly elected, qualified and acting as said officer of the corporation, that fie_ was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREoF3have hereunto set my hand and official seal the day and year first above written?'' ANN ii t* �'0g10 ? a s TRAIL EASEMENT AGREEMENT 0 Pri tt 2me: Mei/ s tti.. R. ✓l- Nota ' Public in and for the State of Washington, residi at. -7Zt ki i r!tt-J My commission expires: 1 //9/ Ito PAGE 6 EXHIBIT A EASEMENT AREA LEGAL DESCRIPTION A STRIP OF LAND 14 FEET WIDE AND 18 FEET WIDE LYING OVER, UNDER AND ACROSS PORTIONS OF GOVERNMENT LOTS 2, 5 AND 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M., AND PORTVONS OF GOVERNMENT LOTS 8, 9, 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., KING COUNTY„ WASHINGTON, SAID STRIP LYING WESTERLY, UPLAND AND ON TOP OF THE LEFT BANK OF THE GREEN RIVER, THE CENTERLINE OF SAID STRIPS BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NOR HEAST CORNER OF SAID SECTION 35; THENCE SOUTH 01 ° 19'00"WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTIC 35, A DISTANCE OF 1319.49 FEET TO THE SOUTHEAST CORNER OF THONORTHEAST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 8' -1'28"WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF)tHE NORTHEAST QUARTER A DISTANCE OF 870.12 FEET; THENCE SOUTH 02"08'32"WEST 23.02 FEET TO THE NORTH LINE OF PARCEL "D" AS SHOWN6?WCITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02-029 AS RECO RDED UNDER KING COUNTY RECORDER'S NO. 200210079000010 SO BEING THE POINT OF BEGINNING OF THIS CENTERLINE; THENCE SOUTH 54° 25'29"WEST 60.32 FEET..TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 175.0 „ ESET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAk,~.~ANGLE OF 23° 14'08", AN ARC LENGTH OF 70.97 FEET; THENCE SOUTH 31 ° 11'21 "WEST 56.07 FEET. THENCE SOUTH 25° 13'26"WEST 124.94 FEET,' �% THENCE SOUTH 19° 44'53"WEST 130.81 FEET tOTHE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 41'48", AN ARC LENGTH OF 28.90 FEET; THENCE SOUTH 00° 56'56"EAST 158.05 FEET„ THENCE SOUTH 03° 53'14"WEST 439.40 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06° 23'23", AN ARC LENGTH OF 66.91 FEET; THENCE SOUTH 10° 16'38"WEST 116.16 FEET; THENCE SOUTH 08° 35'32'WEST 324.47 FEET; THENCE SOUTH 13° 44'07"WEST 48.22 FEET; THENCE SOUTH 17° 59'03'WEST 89.04 FEET; THENCE SOUTH 25° 42'14'WEST 83.32 FEET; THENCE SOUTH 35° 19'08'WEST 72.50 FEET; THENCE SOUTH 42° 01'04'WEST 92.04 FEET; THENCE SOUTH 44° 56'00'WEST 194.49 FEET; THENCE SOUTH 41 ° 42'13" WEST 50.64 FEET; THENCE SOUTH 36° 27'55"WEST 48.56 FEET; THENCE SOUTH 29° 59'29"WEST 69.78 FEET; THENCE SOUTH 25° 17'40'WEST 53.02 FEET; THENCE SOUTH 21 ° 19'08'WEST 59.71 FEET; THENCE SOUTH 16° 58'04"WEST 105.48 FEET; THENCE SOUTH 12° 51'45"WEST 108.55 FEET; THENCE SOUTH 16° 15'00"WEST 63.97 FEET; THENCE SOUTH 22° 00'04"WEST 60.29 FEET; TRAIL EASEMENT AGREEMENT PAGE 7 THENCE SOUTH 26° 17'40'WEST 44.55 FEET; THENCE SOUTH 31° 55'58"WEST 75.39 FEET; THENCE SOUTH 38° 29'15'WEST 52.84 FEET; THENCE SOUTH 45° 28'34"WEST 68.50 FEET; THENCE SOUTH 53° 40'59"WEST 60.92 FEET; THENCE SOUTH 62° 56'01 "WEST 54.86 FEET; THENCE SOUTH 70° 43'54'WEST 36.31 FEET; THENCE SOUTH 79° 59'S0"WEST 35.39 FEET; THENCE NORTH 86° 55'07"WEST 30.18 FEET; THENCE NORTH 73° 05'35'WEST 61.19 FEET; THENCE NORTH 60° 25'53'WEST 55.43 FEET; THENCE NORTH 51° 16'08"WEST 34.72 FEET; THENCE NORTH 43° 38'26"WEST 163.67 FEET; THENCE NORTH 40° 56'56"WEST 207.92 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 260.00 FEET; THENCE NORTHWESTERLY ALONG"bID CURVE THROUGH A CENTRAL ANGLE OF 25° 37'42", AN ARC LENGTI.Fti116.30 FEET; THENCE NORTH 66° 34'381W $T 70.04 FEET; THENCE NORTH 72° 05'09"WE r"k 8.68 FEET; THENCE NORTH 78° 17'42"WE17.94 FEET; THENCE NORTH 81° 10'56' WEST"9,3t4,3 FEET; THENCE NORTH 86° 22'24'WEST 4. 83 FEET; THENCE SOUTH 86° 04'11"WEST 711' FEET; THENCE SOUTH 79° 12'20"WEST 74.80EET; THENCE SOUTH 71° 33'27"WEST 78.804T; THENCE SOUTH 65° 19'53'WEST 18.84ET; THENCE SOUTH 59° 07'37"WEST 43.50 FEETN THENCE SOUTH 53° 01'05"WEST 160.64 F THENCE SOUTH 43° 08'22"WEST 52.50 FEET'` THENCE SOUTH 35° 18'34"WEST 44.43 FEET;' THENCE SOUTH 31 ° 40'41 "WEST 67.28 FEET,i) THENCE SOUTH 26° 13'54'WEST 46.05 FEET; ., THENCE SOUTH 18° 38'12'WEST 63.41 FEET; THENCE SOUTH 11 ° 07'05'WEST 50.82 FEET; THENCE SOUTH 03° 16'01"WEST 44.35 FEET; THENCE SOUTH 04° 06'27"EAST 62.61 FEET; THENCE SOUTH 08° 59'15"EAST 66.64 FEET; THENCE SOUTH 15° 32'58"EAST 42.53 FEET; THENCE SOUTH 22° 24'19"EAST 36.18 FEET; THENCE SOUTH 30° 04'39"EAST 41.91 FEET; THENCE SOUTH 34° 41'29"EAST 59.99 FEET; THENCE SOUTH 40° 53'18"EAST 32.42 FEET; THENCE SOUTH 50° 21'36"EAST 50.58 FEET; THENCE SOUTH 57° 12'43"EAST 70.22 FEET; THENCE SOUTH 61 ° 21'51"EAST 82.41 FEET; THENCE SOUTH 65° 11'32"EAST 38.81 FEET; THENCE SOUTH 68° 13'02"EAST 94.08 FEET; THENCE SOUTH 71° 10'50"EAST 175.88 FEET; THENCE SOUTH 71° 25'58"EAST 191.33 FEET; THENCE SOUTH 70° 20'34"EAST 83.81 FEET; THENCE SOUTH 67° 13'11"EAST 51.27 FEET; THENCE SOUTH 63° 28'26"EAST 48.30 FEET; THENCE SOUTH 56° 22'29"EAST 60.23 FEET; THENCE SOUTH 48° 14'16"EAST 52.88 FEET; THENCE SOUTH 41 ° 49'21"EAST 47.08 FEET; THENCE SOUTH 34° 31'48"EAST 53.80 FEET; THENCE SOUTH 26° 58'40"EAST 55.76 FEET; THENCE SOUTH 20° 11'26"EAST 57.86 FEET; TRAIL. EASEMENT AGREEMENT PAGE 8 THENCE SOUTH 13° 42'11"EAST 27.46 FEET; THENCE SOUTH 04° 49'59"EAST 60.96 FEET; THENCE SOUTH 02° 22'57'WEST 54.55 FEET; THENCE SOUTH 06° 18'22'WEST 26.65 FEET; THENCE SOUTH 12° 51'38"WEST 55.90 FEET; THENCE SOUTH 20° 55'40'WEST 43.04 FEET; THENCE SOUTH 29° 53'51 "WEST 45.36 FEET; THENCE SOUTH 36° 05'22"WEST 23.84 FEET; THENCE SOUTH 44° 44'17'WEST 66.68 FEET; THENCE SOUTH 53° 13'36'WEST 30.94 FEET; THENCE SOUTH 57° 14'14'WEST 48.26 FEET;; THENCE SOUTH 62° 36'59'WEST 31.99 FEET; THENCE SOUTH 68° 23'21'WEST 31.99 FEET; THENCE SOUTH 73° 00'53"WEST 36.72 FEET;; THENCE SOUTH 78° 51'05'W ST 56.61 FEET; THENCE SOUTH 86° 16'37' NEST 38.29 FEET; THENCE NORTH 89° 41'40"V'ST 73.51 FEET; THENCE NORTH 87° 18'32'V`iES'f 315.20 FEET; THENCE NORTH 88° 31'13'WESn181.18 FEET; THENCE SOUTH 87° 37'21'WES; `94.00 FEET; THENCE SOUTH 83° 23'02'WES T9 3 FEET; THENCE SOUTH 77° 24'57'WEST 8612 FEET; THENCE SOUTH 73° 09'20'WEST 5$434 FEET; THENCE SOUTH 70° 10'41 "WEST 54.3,EET; THENCE SOUTH 67° 58'49'WEST 43.96_T; THENCE SOUTH 64° 23'20"WEST 79.83 ET; THENCE SOUTH 60° 50'42'WEST 35.82 FET rt THENCE SOUTH 56° 07'37'WEST 46.24 FED THENCE SOUTH 52° 48'56"WEST 150.37 FEET THENCE SOUTH 48° 36'32'WEST 48.51 FEET THENCE SOUTH 41 ° 49'12'WEST 40.69 FEET BOA A THENCE SOUTH 36° 58'52'WEST 135.63 FEET; 17 THENCE SOUTH 34° 52'08'WEST 40.83 FEET; THENCE SOUTH 30° 54'47"WEST 44.36 FEET; THENCE SOUTH 24° 57'14'WEST 142.33 FEET; THENCE SOUTH 14° 26'21"WEST 422.94 FEET; THENCE SOUTH 18° 21'58"WEST 49.12 FEET; THENCE SOUTH 33° 27'11"WEST 51.08 FEET; THENCE SOUTH 40° 16'57"WEST 48.18 FEET; THENCE SOUTH 33° 00'31 "WEST 39.77 FEET; THENCE SOUTH 28° 24'07"WEST 91.07 FEET; THENCE SOUTH 24° 37'08"WEST 142.42 FEET; THENCE SOUTH 22° 53'09WEST 224.26 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 99.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 39'34", AN ARC LENGTH OF 35.70 FEET; THENCE SOUTH 02° 13'35"WEST 786.39 FEET, MORE OR LESS TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, SAID POINT BEING SOUTH 89° 16'29"EAST 704.911 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER, AS MEASURED ALONG THE SOUTH LINE THEREOF; THENCE CONTINUING SOUTH 02° 13'35"WEST 15.65 FEET, MORE OR LESS, TO THE NORTHERLY RIGHT OF WAY MARGIN OF SOUTH 2O0TH STREET, ALSO BEING THE TERMINUS OF THIS CENTERLINE DESCRIPTION. SAID 14 FOOT WIDE STRIP LIES NORTHERLY OF THE NORTH LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO GACO WESTERN INC. BY DEEDS TRAIL EASEMENT AGREEMENT PAGE 9 RECORDED UNDER KING COUNTY RECORDERS NO.'S 7308030425 AND 7306150553. SAID 18 FOOT WIDE STRIP LIES SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO GACO WESTERN INC. BY DEEDS RECORDED UNDER KING COUNTY RECORDERS NO.'S 7308030425 AND 7306150553 TOGETHER WITH A STRIP OF LAND 18 FEET WIDE, OVER, UNDER AND ACROSS A PORTION OF GOVERNMENT LOT 8 IN SAID SECTION 2, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NOR ,HWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTI ; THENCE SOUTH 89° 16'29"EAST ALONG THE NORTH LINE THEREOF A D :VICE OF 1251.91 FEET TO THE POINT OF BEGINNING FOR THIS CENTERLINE; THENCE SOUTH 00° 43'31' WES1r55 FEET; THENCE SOUTH 04° 34'09"EAST9 4t FEET; THENCE SOUTH 11 ° 41'57'WEST 5718 FEET; THENCE SOUTH 07° 46'20"WEST 9.' F ,ET; THENCE SOUTH 02° 49'38"EAST 15.214 ,. ET; THENCE SOUTH 12° 49'02"EAST 31.39ET; THENCE SOUTH 09° 01'22'EAST 24.51 f gtT; THENCE SOUTH 03° 08'31"EAST 24.52 FEET;' THENCE SOUTH 00° 09'10"WEST 101.54 F ET, THENCE SOUTH 01° 24'38"WEST 47.92 FEET1 THENCE SOUTH 02° 38'53"WEST 19.05 FEET, THENCE SOUTH 07° 24'38"WEST 37.72 FEET;,.,, THENCE SOUTH 09° 23'03"WEST 21.44 FEET; f THENCE SOUTH 12° 30'55"WEST 22.81 FEET; " THENCE SOUTH 16° 23'04"WEST 44.56 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 191.00 FEET, THROUGH A CENTRAL ANGLE OF 19° 54'28", AND AN ARC LENGTH OF 66.36 FEET; THENCE SOUTH 36° 17'32"WEST 78.06 FEET; THENCE SOUTH 39° 03'15"WEST 195.12 FEET; THENCE SOUTH 33° 53'02"WEST 46.30 FEET; THENCE SOUTH 33° 03'09"WEST 222.83 FEET; THENCE SOUTH 33° 12'21"WEST 58.84 FEET; THENCE SOUTH 26° 47'41"WEST 33.25 FEET; THENCE SOUTH 13° 54'57"WEST 31.85 FEET; THENCE SOUTH 11 ° 21'41 "WEST 18.57 FEET; THENCE SOUTH 21° 59'01"WEST 22.03 FEET; THENCE SOUTH 21 ° 35'07"WEST 131.30 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2, SAID POINT BEING SOUTH 89° 19'53"EAST 751.50 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, AS MEASURED ALONG THE SOUTH LINE THEREOF, ALSO BEING THE TERMINUS OF THIS CENTERLINE. EXCEPT ANY PORTION THEREOF LYING WITHIN PARCEL "B" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 12-011 AS RECORDED UNDER KING COUNTY RECORDING NO. 20130108900003. TRAIL EASEMENT AGREEMENT PAGE 10 EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 200TH STREET. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN SOUTH 204TH STREET. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THOSE CERTAIN PARCELS DEEDED TO GACO WESTERN INC. BY DEEDS RECORDED UNDER KING COUNTY RECORDERS NO.'S 7308030425 AND 7306150553. TRAIL EASEMENT AGREEMENT PAGE 1 477»CfthiE/M-- l_ City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director September 23, 2013 NOTICE OF DECISION TO: Segale Properties, LLC, Applicant/Owner King County Assessor, Accounting Division Washington State Department of Ecology Clayton Graham, Davis Wright Termaine, LLP Bruce Mitchell Steve Bleifuhs, King County Richard Buck 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: L12-027 Applicant: Segale Properties, LLC Type of Permit Applied for: Preliminary Subdivision Application Project Description: Preliminary approval of a 47-lot plat in Tukwila South. Location: Tukwila South -an area bounded on the north by S. 180th Street, on the south by S.204t Street, on the east by the Green River, and on the west by Orillia Road and Interstate 5. Associated Files: Comprehensive Plan Designation/Zoning District: L10-014, Sensitive Areas Master Plan L10-025, Shoreline Substantial Development Permit L12-028, Special Permission from the Director Final Environmental Impact Statement, July, 2005 Grading Permits Tukwila South Overlay District with underlying designation of Tukwila Valley South with underlying designations of TVS, MUO, and LDR. Type 3 Permit Decision by Hearing Examiner (except shoreline variance) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 H. DECISION 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 Envirionmental Impact Statement on this project (EIS). The proposed plat is consistent with the development outlined in the final EIS issued in 2005. 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, subject to any conditions which are set forth in the Decision. A copy of the Hearing Examiner's decision is attached. 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 Brandon J. Miles, who may be contacted at 206-431-3670 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the , County AssessnrLs (]fficP her information regarding property tax valuation changes. Brandon J. Miles, Senior Planner Department of Community Development City of Tukwila Type 3 Permit Decision by Hearing Examiner (except shoreline variance) BM Page 2 of 2 09/20/2013 2:31:00 PM H:\Developments\Segale\Notice of Decision, Segale.doc CITY OF TUKWILA HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION PROJECT INFORMATION SUMMARY APPLICANT/OWNER REQUEST: LOCATION: FILE NUMBER: COMPREHENSIVE PLAN DESIGNATION: ZONING DISTRICT: SEPA DETERMINATION: PUBLIC HEARING EXHIBITS: Segale Properties, LLC Approval of a 47-lot preliminary subdivision Tukwila South -- an area bounded on the north by S. 180th Street, on the south by S. 204th Street, on the east by the Green River, and on the west by Orillia Road and Interstate 5. L12-027 Tukwila South, to be developed in accordance with the adopted Tukwila South Master Plan Tukwila South Overlay District (Chapter 18.41 TMC) Determination of Significance Final Environmental Impact Statement issued in 2005 September 6, 2013 The exhibits included in the record are listed at the end of this decision. Introduction Segale Properties LLC seeks approval of a 47-lot preliminary subdivision of property located within Tukwila South. A public hearing was held on the application on September 6, 2013 at 6300 Southcenter Boulevard in Tukwila. Represented at the hearing were the Applicant by Jami Balint, Company Counsel for Segale Properties, LLC; and the Department by Brandon Miles, Senior Land Use Planner. Two members of the public testified at the hearing. The Department amended its Report to the Hearing Examiner, Exhibit 1,. to exclude the section entitled Tukwila South Overlay District Design Manual at page 16. The record was held open for the Applicant and Department to file responses to the written comments on the subdivision and hearing procedures and closed on September 16, 2013. The Examiner viewed the site on the day of the hearing. Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 2 of 11 For purposes of this decision, all section numbers refer to the Tukwila Municipal Code (TMC or Code) unless otherwise indicated Having considered the evidence in the record, the Examiner enters the following findings of fact, conclusions and decision on the application. Findings of Fact 1. Tukwila South is adjacent to Tukwila Urban Center. Part of the land within Tukwila South was once part of unincorporated King County but was annexed by the City in 2009. 2. Tukwila South is approximately 500 acres in size and is addressed in a separate chapter of the Tukwila Comprehensive Plan (Comp Plan), which provides that it is to transition to "a dyrrmic urban multi -use district, while still supporting existing, lower density uses." Comp Plan at 104. The Comp Plan anticipates that the area will be developed pursuant to a master plan, and that it will include commercial and light industrial uses, residential uses, an open space network, and protected sensitive areas. Comp Plan at 104-108. See Exhibit 1, Staff Report, Attachment F. 3. Property within Tukwila South is largely under the ownership of the Applicant, who has been working with the City on development of the area for approximately 10 years. 4. In 2005, the City issued a final environmental impact statement pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, for Tukwila South. The draft and final environmental impact statements (EIS) analyzed the then -proposed Tukwila South Master Plan and Sensitive Area Master Plan, as well as potential impacts associated with the Tukwila South Project assuming full build -out of 10.3 million square feet of development.' 5. The EIS was intended to include sufficiently detailed analysis to support local permit decisions for site preparation, infrastructure development, and long-term development of the site. Probable, significant impacts under three different development scenarios were evaluated for the Infrastructure Development Phase (2006 — 2008) and at full build -out (assumed by year 2030). FEIS at 6. The EIS included a Transportation Impact Analysis (TIA), including analysis of the impacts of the Southcenter Parkway extension project designed to enhance access to Tukwila South. The TIA assumed that at full build out, the Tukwila South project would generate a maximum of 10,144 net new PM peak hour trips and addressed mitigation of traffic impacts. 7. The Tukwila South Master Plan (Master Plan) was adopted in 2009. See Exhibit 1, Attachment C. The Master Plan includes a discussion of "Guiding Principles" that 1 The EIS included analysis of the redevelopment of the existing Segale Business Park, which is outside the boundaries of the subject preliminary subdivision. Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 3 of 11 address a long term vision for the Tukwila South development, creating a destination, building value, multi -use, increasing density over time, quality environment, connections, amenities, implementation strategy and environmental stewardship. Master Plan, Guiding Principles, at 3-6. 8, The Master Plan's principle on implementation strategy notes that while many of the site's infrastructure and planning features will be designed and built in the initial phase, "flexibility must be maintained throughout the vertical development of the districts and the secondary roadway and amenity systems" in order "to meet changing market conditions." The "Infrastructure Development Phase" was scheduled for 2006-2008. The Master Plan states that "completing the site's infrastructure all at once will create a sense of certainty about the development's future" and notes that the first new tenant will take occupancy soon after the infrastructure development is completed. Master Plan, Guiding Principles, at 6. 9. The Sensitive Areas Master Plan Approved for Tukwila South allows the Applicant to develop an area -wide plan for alteration of sensitive areas and associated mitigation that would produce improvements to water quality, fish and wildlife habitat and hydrology beyond those that would result from application of the City's sensitive areas regulations, Chapter 18.45 TMC. 10. Underlying zoning designations within. Tukwila South include Low Density Residential, Tukwila Valley South, Heavy industrial, and Mixed -Use Office. However the entire Tukwila South area is covered by an overlay that supersedes the underlying zoning and is intended to "[implement] the Tukwila South Master Plan Designation and ... Comprehensive Plan". TMC 18.41.010.A. 11. In 2009, the City and Applicant entered into a development agreement for Tukwila South (Agreement) pursuant to RCW 36.70B.170 to establish the development standards for build -out of the area. The Agreement has been amended several times. See Exhibit 1, Attachment D. A permit or approval issued by the City for development within the area must be consistent with the Agreement. RCW 36.70B.180. 12. Section 6.2 of the Agreement provides that the City may require additional SEPA review under only three, clearly defined conditions: 1) an implementing approval "materially exceeds the Project Envelope and governing Development Regulation; 2) the City concludes that substantial changes have been made to the project such that it is likely to have significant adverse impacts not previously analyzed and that cannot be sufficiently mitigated throng -1 applicable regulations; and 3) the City concludes that there is new information indicating probable significant adverse environmental impacts of the project not previously analyzed that cannot be sufficiently mitigated through applicable regulations. 13. The City has issued a grading permit and a shoreline substantial development permit to the Applicant for the Tukwila South project area, and the Applicant has also received numerous permits that are under the jurisdiction of the state and federal governments. Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 4 of 11 14. The Applicant submitted a preliminary plat application to the City on August 27, 2012, and the application was deemed complete on September 25, 2012, The City issued a Notice of Application and distributed it to tenants, adjacent property owners, and potentially impacted agencies on November 7, 2012. Notice was also posted on the site. 15. The City has an existing levee system known as the 205 Levee. King County maintains the 205 Levee pursuant to an interlocal agreement with the City. 16. The subdivision is not within the floodplain of the Green River. However, the Applicant is constructing a new levee to protect against flooding and is filling the entire Tukwila South project area. 17. The Agreement provides for the levee modifications in Tukwila South and requires the Applicant to dedicate levee easements to the City for improvements to the levee system on the west side of the Green River and to secure maintenance for the new levee. Agreement, Sections 4.5 and 4.2. • The Applicant anticipates that King County will ultimately assume maintenance responsibilities for the new levee, but the scope of the maintenance easements to be granted to the County has not yet been resolved. In the meantime, the Applicant is responsible for maintenance. 18. The Department received a comment letter on the subdivision application from the King County Water and Land Resources Division that asked the City to include a requirement for provision and recording of "such easements as may be determined to be acceptable to King County and the KCFCD, as a condition of final subdivision approval." Exhibit P. The requested related to the levee easements noted above. 19. The Department also received a comment letter from an attorney representing the M&P Company concerning access issues related to the M&P property and suggesting that the City examine access issues related to several of the lots in the subdivision. Exhibit 1, Attachment E. 20. The City issued a Notice of Hearing on the application on August 22, 2013, which was published in the Seattle Times on August 23, 2013. Exhibit 1, Attachment S. 21. On September 4, 2013, the City received a comment from King County's Water and Land Resources Division again noting that if King County or the King County Flood Control District was going to be asked to assume maintenance of the Tukwila South levee in the future, levee maintenance agreements were required as part of the preliminary plat. Exhibit L. 22. On September 5, 2013, the City received a comment letter from the attorney representing the M&P Company. The Letter raised issues concerning the Hearing Examiner's jurisdiction to hear the subdivision application, alleged defects in the notices given for the application and hearing, and alleged that the City had failed to comply with design review requirements and SEPA requirements, that the subdivision presented line Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 5 of 11 of sight and traffic safety concerns with the development of Lot 8, that adequate safe access had not been provided to the M&P property, and that the subdivision violates state planning requirements by failing to show adequate access on the face of the plat. Exhibit 1, Attachment M. 23. The Examiner adopts the Department's analysis of the applicable review criteria for the subdivision application at pages 9 through 17 of the Report to the Hearing Examiner, with the exception of the subsection entitled "Tukwila South Overlay District Design Manual," which does not apply to this subdivision application. 24. In conjunction with the Southcenter Parkway extension project, the City Council vacated parts of Finger Road South, which had provided access to the "M&P property" and the "GWI property," two parcels not included in the Tukwila South subdivision. Because the parcels lacked frontage on the newly aligned Southcenter Parkway, the City designed a "loop road" alternative access in which the unvacated portion of Prager Road South is connected to Southcenter Parkway via stop -controlled intersections both north and south of the two parcels. See Exhibit 1, Attachment A, Sheets 3 and 8. The access road is a City right-of-way designed to current City standards. 25. The Examiner adopts the Department's discussion of the Tukwila South subdivision design at pages 17 through 20 of the Report to the Hearing Examiner. 26. The Highline Water District has provided a general water availability letter for the subdivision. According to the letter, each specific development proposal within the subdivision will require a Developer Extension Agreement and a Certificate of Water Availability. Exhibit 1, Attachment K. 27. The Tukwila South Overlay zone allows a variety of uses, and potential future uses and their location were identified in the Master Plan. Although the specific location of uses will be determined by market demand, the Applicant has prepared a graphic representation of the anticipated location of land uses by category. Exhibit 4. 28. Administrative design review will be required for all non-exempt development within the Tukwila South Overlay district. TMC 18.41.080.B. 29. Impacts to schools were evaluated in the EIS. Although it does not appear from Exhibit 4 that there will be sufficient residential development to warrant a new school, the City's school impact fee ordinance will apply to new residential development within the subdivision. 30. The City's fire impact fee ordinance will apply to all new construction within the subdivision. Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 6 of 11 Conclusions 1. The Hearing Examiner has jurisdiction over this subdivision application pursuant to TMC 18.104.010 and TMC 18.108.030. Prior to 2009, preliminary subdivisions were heard by the Planning Commission. The City Council adopted Ordinance 2251 on October 5, 2009 amending several sections of Title 18 TMC to transfer jurisdiction over preliminary subdivisions and several other landuse applications from the Planning Commission to the Hearing Examiner. Under TMC 18.104.010.3, as amended, a subdivision application with no associated design review is a Type III application that is heard by the Hearing Examiner. 2. In the 2009 amendments, the City neglected to adopt a corresponding amendment to TMC 17.14.020, which provides that a preliminary subdivision is to be processed as a Type 4 decision under TMC 18.108.040, which provides that it is to be heard by the Planning Commission. However, both TMC 17.14.020 and 18.108.040 were last amended in 2006. The amendments to TMC 18.104.010 in 2009 reflect the City Council's most recent intent on the matter of jurisdiction over preliminary subdivision applications and show an intent to change the law. See WR Enterprises, Inc. v. Department of Labor and Industries, 147 Wn.2d 213, 222, 53 P.3d 504 (2002). The failure to amend TMC 17.14.020 at the same time was most likely a clerical oversight. 3. The M&P comment letter asserts that the preliminary subdivision application is subject to design review and therefore, under TMC 18.104.010.4 must be heard by the Planning Commission. That is not correct. The Code provides that "[djesign review is required for all non-exempt development within the Tukwila South Overlay district." TMC 18.41.080 (emphasis added). "Development" is defined as "the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure that requires a building permit." TMC 18.06.210. Although subsequent development within the subdivision will require a building permit, and will be subject to administrative design review (Type 2 permit), the preliminary subdivision itself does not meet the Code's definition of development and therefore, is not subject to design review under TMC 18.41.080. Consequently, it is not subject to a hearing by the Planning Commission under TMC 18.104.010.4. 4. The evidence in the record shows that both the Notice of Application and Notice of Public Hearing conformed to state law and City Code requirements. The M&P comment letter cites TMC 18.104.140 for the proposition that the City was required to publish a second notice of application for the preliminary subdivision because changes were made to the application after receipt 'of initial public and agency comments. However, M&P quotes that Code section out of context. It reads as follows: "A modification to project plans occurring before the issuance of the permit shall be deemed a new application for the purpose of establishing time periods pursuant to TMC 18.104.130 when such modification would result in a substantial change in the project's review requirements, as determined by the Department." (Emphasis added.) TMC 18.104.130 addresses deadlines for permit issuance. Thus, TMC 18.104.140 has nothing to do with re -noticing an application because of changes made during its normal evolution. Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 7 of 11 5. The M&P comment letter asserts that the City's environmental analysis of the subdivision was inadequate. The letter argues that because a subdivision is not exempt from SEPA, a checklist, as well as additional analysis of "major changes ... proposed to the access plan," were required. However, TMC 21.04.140.B states that a "checklist is not needed if the City and the applicant agree ... SEPA compliance has been completed ..." In this case, the Tukwila South EIS included a comprehensive analysis •of the potential impacts of full build -out of the Tukwila South property, including a TIA that analyzed the impacts of the Southcenter Parkway extension project. The City and Applicant agreed that SEPA compliance had been completed, as the subdivision was within the envelope of the proposal evaluated in the EIS. See Agreement, Section 6.2. The City then incorporated the EIS by reference in the notice of application and the Department's Report to the Hearing Examiner. This action meets the requirements of TMC 21.04.140.B. Further, M&P has not demonstrated that the addition of the loop road to provide access to Southcenter Parkway for only a few properties would cause any probable significant adverse environmental impacts not already analyzed. 6. The M&P letter states that M&P the loop road has proven inadequate for semi -truck and commercial traffic access to the M&P property because of safety concerns due to the failure to provide a lighted intersection at Southcenter Parkway. The letter does not cite specific traffic incidents or accident statistics in support of the concerns expressed. The City Engineer testified that the loop road meets City engineering design standards and that the City had no record of traffic incidents on the road that would suggest it is unsafe. An accident data report attached to a supplemental memo from the Engineer confirms that there is no accident history at the loop road intersections with Southcenter Parkway. The Engineer also testified that traffic volumes. on the *new alignment of Southcenter Parkway are low in the vicinity of the new loop road and do not presently warrant construction of traffic signals. This will be subject to reevaluation as future development generates additional traffic. 7. The M&P letter also states that the subdivision does not meet Code requirements for private roads, specifically the requirements that private access roads "not adversely affect future circulation in neighboring parcels of property" and 'ban accommodate potential full (future) development on the lots created". TMC 17.20.030.C.5.a and TMC 17.20.030.C.5.c. As noted in the Department's findings adopted by reference, all lots in the subdivision have frontage on either a public or private road, and most are accessed via intersection stubs developed on Southcenter Parkway. See Exhibit 1, Attachment A. The two proposed private roads would be designed to City standards with a 28 foot paved roadway on a 40 foot easement. There is no evidence in the M&P letter, or in the rest of the record, that the proposed private roads could not accommodate future development or would adversely affect circulation in neighboring properties. 8. The M&P letter raises a concern about traffic safety related to potential sight distance issues that could be created by development on Lot 8 in the subdivision. When Lot 8 is proposed for development there will be sufficient information to fully evaluate the sight distance issues that could be caused by the location of a building and driveways on the Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 8 of 11 lot. That information is not needed or available for the Examiner to consider in reviewing the preliminary subdivision. 9. The Agreement and subdivision make appropriate provision for Levee easements and maintenance. The question of whether King County will assume maintenance responsibility for the levees in the future is not before the Examiner in reviewing the subdivision application. 10. The Examiner adopts the Department's conclusions I, 2, 4 through 9, and 10 throughl4 at pages 21-23 of the Report to the Hearing Examiner. 11. The subdivision, together with the 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. 12. As conditioned, the subdivision makes adequate provision for pedestrian and bicycle circulation per the Master Plan. The Applicant's performance of the Agreement's requirements concerning pedestrian and bicycle circulation by the extension date established in Exhibit 1, Attachment I, will constitute compliance with the requirement of TMC 17.14.020.D.1 that the subdivision conform to adopted City plans. 13. The application meets all state and city subdivision requirements and should be approved. Decision The subdivision application is APPROVED subject to the following conditions: 1. The following notes should be added or amended to the face of the plat: a. The City of Tukwila SEPA responsible official has previously determined that the project creates a probable significant environmental impact and required preparation of an Environmental Impact Statement. Final Environmental Impact Statement (FE1S)dated July 7, 2005 together with the Draft EIS dated April 5, 2005 comprise the environmental impact statement as required by the Washington State Environmental Policy Act (Chapter 43.21 .Revised Code of Washington). b. On sheet 12 of 13 update the title of note 2 to state "Native Growth Protection Areas -Sensitive Area Tracts " c. Reference any geotechnical report prepared for this plat on the face of the plat document. 2. Prior to final approval, adequate provisions shall be made to ensure that all necessary utilities and infrastructure are in place to serve the proposed lots of the plat. 3. In order to meet the requirements of TMC 17.14.020 (D)(3) the applicant shall fully comply with section 4.5 of the Development Agreement between the City of Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 9 of 11 Tukwila and Segale Properties, LLC no later than September 1, 2014, as stated in Exhibit I, Attachment I. 4. 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 Page 24 of 24 (roadway width shown in attachment B is acceptable), including, but not limited to street lighting, drainage, and pavement thickness. 5. 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 to Exhibit 1 (Tukwila South Preliminary Engineering Plans). 6. 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. 7. The applicant shall obtain special permission from the Director for the proposed . utility work in SAT 5 (Wetland 10) and shall complete all required mitigation prior to final approval. 8. All easements, including, but not limited io open space, pedestrian, and access (with corresponding recording numbers) shall be noted on the final plat documents. 9. 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. 10. The north storm pond, discussed in the utilities section of the Department's staff report, shall be installed prior'to final approval of the plat. Entered this 19th day of September, 2013. o. 1 c,�,�-►�-ate Sue A. Tanner Hearing Examiner Concerning Further Review TMC 18.108.030 states that "The decision of the Hearing Examiner shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C." Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 10of11 Exhibits The following exhibits were entered into the record: 1. Department's Staff Report with Attachments: A. Preliminary Plat of Tukwila South; B. Tukwila South Preliminary Engineering Plans; C. Tukwila South Master Plan; D. Development Agreement between City of Tukwila and Segale Properties, LLC, with addendum and amendments; E. Letter from Davis Wright Tremaine dated November 21, 2012; F. Relevant Pages of the City's Comprehensive Plan; G. Phasing Plan Map; H. Utility Phasing Plan; I. Letter to Mark Segale from David Cline dated August 28, 2013; J.LandUseMap K. Applicant's Narrative and Response to Criteria L. King County Water and Land Resources Division comments dated February 20, 2009, February 25, 2009, June 21, 2010 and September 4, 2013; M. Letter dated September 5, 2013 to Brandon Miles from Clayton P. Graham and attached e-mail exchange dated September 6, 2013; N. Email response dated September 5, 2013 from Brandon Miles to Steve Bleifuhs (King County) O. Email response dated September 26, 2012 from Brandon Miles to Jami Balint P. Letter dated November 20, 2012 to Brandon Miles from Steve Bleifuhs Q. King County Ordinance 15673 adopting the King County Flood Hazard Management Plan as a part of the King County Comprehensive Plan R. Packet of email messages between Brandon Miles and Clayton P. Graham between November 13, 2012 and September 5, 2013, including e-mail message of August 23, 2013 with attached notice of public hearing for Tukwila South subdivision S. Affidavit of publication for notice of public hearing on Tukwila South subdivision T. Tukwila City Council Agenda Synopsis, Informational Memorandum concerning "2009 Housekeeping Code Amendments" and draft ordinance (strike through/underline), together with City of Tukwila Ordinance 2251, passed October 5, 2009 U. Original Tukwila South Preliminary Plat Application V. Tukwila South Master Plan Final Environmental Impact Statement 2. Applicant's PowerPoint Presentation (hard copy) 3. Tukwila South Grading and Master Stormwater Infrastructure Plans 4. Land Use Map (duplicates Exhibit 1, Attachment J) 5. Tukwila South Master Plan Draft Environmental Impact Statement (CD) 6. Email dated September 9, 2013 from Brandon Miles forwarding Segale Properties response letter and attachments to September 5, 2013 comment letter from Clayton Graham (Exhibit 1, Attachment R) 7. Email dated September 9, 2013 from Brandon Miles forwarding Segale Properties email and additional attachments to Segale Properties response (Exhibit 6) 8. Letter dated September 9, 2013 from Brandon Miles in response to written comment letters from Clayton Graham (Exhibit 1, Attachment R) and King County (Exhibit 1, attachment L) 9. Memorandum from Robin Tischmak in response to comment letter from Clayton Graham (Exhibit 1, Attachment R) Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 11 of 11 10. Segale Properties letter dated September 13, 2013 and attachments in response to King County comment letter (Exhibit 1, Attachment L) 11. Email dated September 16, 2013 and attachments from Brandon Miles concerning King County comment letter (Exhibit 1, Attachment L) &tg al J u ftwiea Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl , HEREBY DECLARE THAT: Notice of Application X Notice of Decision Notice of Public Hearing Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action Other: Was mailed to each of the addresses listed/attached on this _23rd day of _September , 2013 Project Name: Tukwila South Preliminary Plat (Segale Properties) Project Number: PL12-026 Associated File Number (s): L12-027, L12-028, L10-014, L10-025 Mailing requested by: Br,and2m Miles Mailer's signature: , //A 7 , ( (% W:\USERS\TERI\TEMPLATES-FORMS\AFFIDd1`VIT OF DISTRIBUTION.DOC City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director 4 (/Clayton Graham Davis Wright Tremaine, LLP 1201 Third Ave, Ste. 2200 Seattle, WA 98101-3045 claytongraham@dwt.com Bruce Mi - b.c.chell@comcast.net Steve Bleifuhs King County DNR 201 S. Jackson St, Ste. 600 Seattle, WA 998104-3855 Steve. Bleifuhs@ kingcounty.gov BUCK RICHARD L+ELIZABETH . /24601 SE 220TH J /j MAPLE VALLEY WA 98038 Party of Record List, Tukwila South Plat /3L r City of Tukwila Jim Haggerton, Mayor Department of Community Development Hearing Date: Project Name: Owner: Applicant/Contact: File Number: Project Planner: Project Summary: Project Location: SEPA Determination: Notice of Application: Notice of Hearing: Party of Record: Attachments: REPORT TO THE HEARING EXAMINER September 6, 2013 Tukwila South Preliminary Subdivision' Segale Properties, LLC; PO Box 88028; Tukwila, WA 98188 Jack Pace, Director 4 -1 t P Z_ • Jami Balint, Company Counsel, Segale Properties, LLC; 206-575-2000 L12-027 Brandon J. Miles, Senior Planner 47 lot subdivision. Tukwila South. The area is generally bounded by S. 180th Street to the north; S. 204th Street to the south; the Green River to the east; and Orillia Road and Interstate 5 to the west. Determination of Signficance (DS) Final Environmental Impact Statement issued in 2005. Notice of Application issued on November 7, 2012 and was provided to property owners and tenants within 500 feet of the project area and posted at two separate locations in the project area. Notice of Hearing was issued on August 23, 2013 and was provided to property owners and tenants within 500 feet of the project area; posted at two separate locations in the project area; and published in the Seattle Times. Notification was also provided to the party of record. Clayton P. Graham Davis Wright Tremaine 1201 Third Avenue, Ste 2200 Seattle, WA 98101-3045 A. Preliminary Plat of Tukwila South. B. Tukwila South Preliminary Engineering Plans2., C. Tukwila South Master Ran. D. Development Agreement between City of Tukwila and Segale Properties, LLC, with addendums and amendments3. E. Letter from Davis Wright Tremaine dated November 21, 2012. F. Relevant Pages of the City's Comprehensive Plan G. Phasing Plan Map H. Utility Phasing Plan I. Letter to Mark Segale from David Cline dated August 28, 2013. t For purpose of this staff report, the term preliminary subdivision, plat, and preliminary plat are used interchangeably. 2 These plans are shown for general background only and are not approved by the City for construction. 3 The various exhibits, easements and various other associated documents have not been provided and can be provided upon request. CITY OF TUKWILA EXHIBIT Applicant Public ADMITTED ✓ 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phon< Departments DENIED FILE # ,,C.. c 2,0 aa 1 J. Land Use Map K. Applicant's Narrative and Response to Criteria Page 2 of 24 BACKGROUND The preliminary subdivision application is for a proposed subdivision located in Tukwila South, the largest undeveloped greenfield in the Seattle Metropolitan area. Tukwila South is larger than downtown Bellevue and South Lake Union. It is hoped that a coordinated development of the area will bring in over 25,000 new jobs and new housing to the region. The entire Tukwila South area is largely under single ownership by Segale Properties, LLC. Tom'_ S-2©4 Legend - Streets p1 11 r — Tukwila City Limits Tukwila South Overlay Parcels Photo 1: Tukwila South Area Page 3 of 24 Comprehensive Plan f The City's current Comprehensive Plan was adopted in 1995 and since that time the City has anticipated the future development of the Tukwila South area. The City's Comprehensive Plan devotes an entire chapter to Tukwila South (the relevant pages are included as Attachment F). The City's Comprehensive Plan includes the following vision statement for the area: "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." Zoning 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 (TMC 18.41.010). As referenced in TMC 18.41.010, "the [overlay] may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan."4 PREVIOUS LAND USE ACTIONS The City of Tukwila and Segale Properties, LLC have been working on a coordinated development for the Tukwila South area for nearly ten years. The following briefly outlines the major plans, agreements, and completed work that relate to the future development of the area. Master Plan Consistent with Policy 9.1.3 of the City's Comprehensive Plan, 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 Master Plan defined the goals, objectives and vision for the nearly 500 acres of mostly vacant land owned by the Segale Properties in Tukwila South. As was discussed in the Master Plan: "With nearly 500 acres of land five minutes from SeaTac Airport and adjacent 1-5, the Tukwila South project site is the largest private development parcel in the greater Seattle area. Properly planned and implemented, the project will provide 25,000 new jobs and join the University of Washington, Microsoft and Boeing Everett as the regions fourth major, "non -Central Business 4 The Tukwila South Master Plan is discussed below. Page 4 of 24 District" employment center. It will become a major new urban node in the region and provide significant benefits to the City of Tukwila and improve the quality of life of its residents." The ten principles of the Master Plan are: • Principle #1: Long Term Vision. The development of Tukwila South will be guided by a Tong -term vision that will create a different, more cohesive development pattern if the property was developed on a parcel - by parcel -basis. • Principle #2: Creating a Destination Tukwila South will become a regional destination. • Principle #3: Building Value Development decisions will be weighed by their ability to maximize the site's potential to create value. • Principle #4: Multi -Use Tukwila South will include employment, goods and services, and housing. The project will be multi -use and include a wide range of businesses instead of focusing on industrial retail users. Residential is also being considered to bring additional vitality to the area. • Principle #5: Increasing Density Over Time Tukwila South will be planned to accommodate increased density over time. • Principle #6: Quality of Environment Tukwila South will create a memorable and regionally identifiable place. • Principle #7: Connections Tukwila South will connect externally to neighboring and regional assets, as well as internally by connecting its districts and other uses. This principle goes on to discuss the need to provide pedestrian connections throughout the project. • Principle #8: Amenities Tukwila South will create a comprehensive amenities system that leverages the site's assets. • Principle #9: Implementation Strategy Page 5 of 24 Development must be strategically phased to successfully transition Tukwila South from agricultural and industrial property to an urban destination. • Principle #10: Environmental Stewardship Tukwila South will be developed in a manner that preserves, protects, and restores the natural features of the area. Development Agreement The City's Comprehensive Plan calls for development in Tukwila South to occur in a coordinated manner. In 2009 the City of Tukwila and Segale Properties, LLC entered into a development agreement for the Tukwila South Project to assist in development the area in a coordinated manner (the "Development Agreement").5 Segale Properties, LLC owns over 500 acres in Tukwila South and, according to the Ordinance that adopted the Development Agreement: "(Segale] Intends to develop the Tukwila South 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 Tukwila South Property. The plan calls for approximately ten million square feet of development that would be accommodated in a combination of a campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech ("Tukwila South Project'). The Tukwila South Project will use the topographic and environmental constraints of the site to define the limits of its development area. The Tukwila South Project includes the extension of Southcenter Parkway in an alignment along the west edge of the valley floor; thus, functioning as the major transportation arterial through the site. The Tukwila South Project will also contain an integrated, internal circulation system of streets, sidewalks and pedestrian connections." The Development Agreement constituted a final land use action pursuant to Revised Code of Washington (RCW) 36.70C.020 and was subject to judicial review subject to RCW 36.70C.101 et seq. No appeals were filed regarding the Development Agreement. There have been subsequent addendums and amendments to the Development Agreement. A copy of the Development Agreement, with addendums and amendments, is included as attachment D. State Environmental Policy Act (SEPA) 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 existing Segale Business Park, which is not included in the preliminary plat), assuming full build -out of 10.3 million square feet of various uses. As the City has already completed environmental review for 5 The Development Agreement was entered into with La Pianta, LLC, which was the predecessor entity to Segale Properties, LLC. Page 6 of 24 the Tukwila South Project, and this plat fits within the envelope of the prior FEIS, no additional SEPA review is required for the plat. As part of this preliminary subdivision application, the applicant submitted a SEPA checklist in order to extend a utility through a sensitive area. City staff determined that a new SEPA checklist was not needed and instead issued an addendum on December 14, 2012 for the proposed work. Sensitive Areas Master Plan To facilitate development of the Tukwila South Project, the City approved a Sensitive Areas Master Plan (the "SAMP"), City of Tukwila project file number L10-014. The SAMP allowed Segale to develop an area -wide plan for alteration and mitigation of sensitive areas that results in improvements to water quality, fish and wildlife habitat and hydrology beyond those that would occur through the strict application of the provisions of TMC 18.45, the City's sensitive areas regulations. 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 called Sensitive Area Tracts on the proposed plat. Mitigation work in Wetland 10 and 11 has been completed and Johnson Creek has been relocated. This work is currently under the monitoring period. Off -site channel work is still under construction. Grading Permit On April 29, 2011, the City issued a grading permit (PW10-064) to Segale Properties, LLC for mass grading of the Tukwila South Project area.6 The purpose of the grading permit was to prepare the area for future development in accordance with the approved Master Plan and Development Agreement. The applicant is still in the process of completing the work outlined in the approved grading plan. Shoreline Substantial Development Permit In conjunction with the grading permit, the City of Tukwila issued a shoreline substantial development permit (L10-025) for grading within 200 feet of the Ordinary High Water Mark (OHWM) and to allow modification of an existing flood levee. Like the grading permit, the shoreline substantial development permit was to prepare for the future development of the Tukwila South area in accordance with the approved Master Plan and Development Agreement. PRELIMINARY SUBDIVISION APPLICATION On August 27, 2012, Segale Properties, LLC submitted a preliminary plat application to the City of Tukwila. The application was deemed complete on September 25, 2012. On November 7, 2012, pursuant to TMC 18.104.090, a Notice of Application was distributed to tenants, adjacent 6 The grading work was originally under PW10-063, but all work under this permit was transferred to PW10-064. Page 7 of 24 property owners, and potentially impacted agencies.'. The site was also posted with two public notice boards. After conclusion of the Notice of Application period and following review by various City Departments, a comment letter was provided to the applicant on January 7, 2013. The applicant responded to the City's comment letter on June 21, 2013 and, following review by City staff, this hearing followed. 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. Hearing Examiner's Authority Early in the application process the City determined that a minor conflict existed in the TMC regarding the hearing body for the proposed preliminary subdivision application. TMC 18.10.010 (3) specifies that the Hearing Examiner is the hearing body for the preliminary subdivision application; however, TMC 17.14.020 (D) states that the Planning Commission is the hearing body. TMC 18.10.010 (3) had previously specified that the Planning Commission would review preliminary subdivision applications. In 2010, the language was amended by the City Council to specify that the Heating Examiner would serve as the hearing body. The City failed to make the same change in Title 17. In staff's opinion, the intent of the City Council is to have the Hearing Examiner act as the hearing body on any preliminary subdivision application. The applicant supports staff's interpretation of this conflict in the code. Applicable Criteria TMC 17.14.020 (D) states the following criteria, which the Hearing Examiner will use to reviewing an application for preliminary subdivision. 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. 7 As required by RCW 58.17.080, a copy of the Notice of Application was provided to the Washington State Secretary of Transportation. Page 8 of 24 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. STAFF'S ANALYSIS OF REVIEW CRITERIA Staff analysis of the applicable review criteria is discussed below. The applicant has also provided a response to the criteria included as Attachment K. Development Standards As discussed previously, the site area for the subdivision is zoned LDR, MUO, and TVS; however, the entire site is subject to the Tukwila South Overlay District (TSO) pursuant to Chapter 18.41 TMC. Given that the plat must comply with the relevant sections of the Zoning Code, a review of the development standards is warranted (TMC 17.14.020 (D)(6)). As the TSO supersedes the underlying zoning of the subdivision area, staff reviewed the subdivision application for compliance with Chapter 18.41 TMC. The following table outlines the various sections of the TMC to determine if the proposed project complies with the applicable criteria. Page 9 of 24 Applicable Municipal Code Sections Project Complies Project Will Comply With Staff Conditions Tukwila South Overlay District -Chapter 18.41 18.41.010 Purpose ✓ 18.41.020 Permitted Uses ✓ 18.41.090 Basic Development Standards Lot Area (there is no minimum lot area in the TSO Chapter). V Setbacks ✓ Design and Improvement Standards for Subdivisions of Land — Chapter 17.20 17.20.010 Applicability ✓ 17.20.020 Improvements, Supervision, Inspections and permits required ✓ 17.20.030 (A)(1) Environmental Considerations ✓ 17.20.030 (A)(2) Trees ✓ 17.20.030 (B) (1) Buffer Between Uses Staff Note: While the project area is large, there are no incompatible uses adjacent to the subdivision area. The commercial uses to the north are compatible with the proposed uses in the subdivision area. The remaining project area is bounded by roads, the Green River, and/or large hillside. ✓ 17.20.030 (B)(2) Conformity with Existing Plans Staff Note: The preliminary subdivision is generally consistent with the approved Master Plan for the site and executed development agreement, with the exception of providing pedestrian circullation as required by both the Master Plan and the Development Agreement. ✓ 17.20.030 (B)(3) Other City Regulations Staff Note: The purpose of the preliminary subdivision is to implement the approved Master Plan, executed Development Agreement, and other approved land use decisions. The purpose of the subdivision is not to supersede these other approvals and agreements. ✓ 17.20.030 (C) Streets: Extension ✓ 17.20.030 (C) Streets: Names Staff Note: At this time, the proposed private streets have not been given names. Staff believes that it is appropriate to defer naming the streets until construction of the streets is imminent. ✓ 17.20.030 (C)(3) Streets: Intersections ✓ 17.20.030 (C)(4) Street: Layout ✓ 17.20.030 (C)(5) Streets: Private Staff Note: The applicant is proposing two private streets. The private streets are dead ends. Both streets meet the City's Design Standards with regards to minimum pavement width and width of the private right of way. Staff recommends that these two private streets be permitted, ✓ Page 10 of 24 provided that provisions are made for their care by the applicant or subsequent successor and that the roads meet all other design standards. 17.20.030 (C) Streets: Public Roads Staff note: A more in-depth discussion on streets is provided below. ✓ 17.20.030 (D) Utilities Staff note: A more in-depth discussion utilities is provided below. ✓ 17.20.030 (E) Blocks ✓ 17.20.030 (F) Lots ✓ 17.20.030 (G) Landscaping Staff Note: Plats of five or more lots are required to plant at least one tree in the front yard to create a uniform streetscape. This code language seems more appropriate for a residential plat, not a commercial subdivision. When a new building is proposed to be constructed the building will be subject to design review. As part of design review a landscaping plan, conforming to the City's landscaping regulations, will be required. Staff does not believe that it is appropriate to require tree planting at this time. ✓ 17.20.030 (H) Street Signs ✓ 17.20.030 (J) Monumentation ✓ Page 11 of 24 Applicable Master Plan Principles Project is Consistent Project is Consistent with Staff Condition(s) Not Applicable for Preliminary Plat Principles of Master Plan for Tukwila South Principle #1: Long Term Vision. Staff Note: The applicant has chosen to move ahead with a large subdivision, which allows for a better coordination of development in the area in lieu of completing smaller plats. ✓ Principle #2: Creating a Destination ✓ Principle #3: Building Value Staff Note: Approval of the plat permits individual Tots to be easily leased to future tenants. ✓ Principle #4: Multi -Use ✓ Principle #5: Increasing Density Over Time ✓ Principle #6: Quality of Environment V Principle #7: Connections Pedestrian connections, as envisioned in the Master Plan, are not shown on the preliminary plat. The City's Development Agreement does specify that pedestrian connections will be in provided. The City has given Segale properties until September 1, 2014 to have all pedestrian easements provided to the City (Attachment I). ✓ Principle #8: Amenities ✓ Principle #9: Implementation Strategy ✓ Principle #10: Environmental Stewardship ✓ Vehicular Traffic and Road Improvements The City of Tukwila issued a FEIS that analyzed the probable impacts resulting from development of the Master Plan. The FEIS included a Transportation Impact Analysis (TIA). As part of this TIA, it was assumed at full build out (10.3 million square feet of various uses) the project 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 Segale: (1) dedicating land for the Southcenter Parkway Project, the main north -south corridor serving the Tukwila South Project area; (2) constructing the Orillia Road Connector when development generates 7500 net new trips; and (3) paying transportation impact fees. Southcenter Parkway provides connection to Page 12 of 24 Interstate 405 to the north and future connection to the Interstate 5 (via 178th Street to the west8). Southcenter Parkway was designed and constructed with a limited number of road stubs for future east -west connections to serve future development. A primary consideration in the lot layout for this preliminary plat was the connections to Southcenter Parkway. Specific designs to accommodate vehicular circulation within each new lot will be determined during future Land Use Permit Processes for Site Plan review. The private streets will be designed according to City standards with 28 feet of paved roadway and a 40-foot easement. Access to future Tots will be provided via private streets / access tracts and existing public rights - of -way. Access points are shown on sheets ACC-1 and ACC-2. Segale is proposing to construct two commercial private access roads. TMC 17.20.030(C)(5)(e) and the City of Tukwila Infrastructure Design and Construction Standards (Section 4.1) expressly allow private streets when the streets serve commercial and industrial subdivisions or residential subdivisions when the street serves no more than four lots. Private dead end streets over 200 feet in length are required to provide a cul-de-sac. The first commercial private access road will extend 1200' to the east from the 19000 Block intersection on Southcenter Parkway and will serve eight lots. Sewer, water, storm sewer, power, gas, and communications systems will be constructed as part of the private road and will connect to the Southcenter Parkway systems (see Utilities below). The private road will be constructed per City standards and typical section of 40'ROW width, 28' pavement width, and minimum 46' radius cul de sac. The second commercial private access road will extend 400' to the south from the intersection of Southcenter Parkway and S. 200th Street and will serve four lots on the south end of the Project. Sewer, water, storm sewer, power, gas, and communications systems will be constructed as part of the private road and will connect to the above described Southcenter Parkway systems (see Utilities below). The private road will be constructed per City standards and typical section of 40'ROW width, 28' pavement width, and minimum 46' radius cul de sac. Private access roads are permitted under TMC 17.20.030 (C) (5) if the following criteria are met: 1. Allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property. 2. Adequate and reasonable provisions are made for future maintenance and repair of the proposed private roads. 3. The proposed private access roads can accommodate full future development of the lots created. 4. For commercial and industrial subdivisions, when private access roads are authorized, there shall be minimum easement width of 40 feet. With the exception of minimum easement widths, private access roads shall be designed and constructed in accordance with Public Works standards, and zoning setbacks shall be required as through the easement were public right of way. The City's Infrastructure Design and Construction Standards allow private streets for commercial and industrial facilities where no circulation continuity is necessary, provided the owner makes 8 S. 178th Street is current being relocated. This work is not linked or associated with this proposed plat. Staffs review of this plat was based on the current alignment of S. 178th Street. Page 13 of 24 provisions for emergency access, maintenance, and an unconditional and irrevocable offer of dedication that may be accepted by the City Council at such time that the street should be made( public. As part of the construction of the realigned Southcenter Parkway, the City of Tukwila installed full frontage improvements, which included curb, gutters, sidewalks, and street trees. TMC 17.20.030 (C)(6)(d) requires that half street improvements be constructed on S. 204th Street. However, no nexus for this requirement can be found at this time so these improvements were not required. Modification to Development Standards Section 4.2.5.B.3 of the City's Infrastructure Design and Construction Standards states that more than one connection to the existing public street system shall be provided for any development, or part thereof, of four acres or more. The proposed plat is larger than four acres. The applicant has requested, and the Director of Public Works has approved, a waiver from this requirement. Pedestrian Connectivity Pedestrian connectivity throughout the Tukwila South Project to future proposed lots will be provided via sidewalks within public rights -of -way and on private access roads. Additionally, internal pedestrian circulation systems will be provided within and between new development, redevelopment, and public sidewalks. (City of Tukwila Infrastructure Design and Construction Standards Section 4.0.11A.). TMC 17.14.020 (D)(1) requires, "[that] the proposed subdivision [be] in conformance with the Tukwila Comprehensive Plan and any other City adopted plans." As previously discussed, the City Council approved a Master Plan for the Tukwila South area. The Master Plan states that the development on the site will be "developed with pedestrian circulation in mind." Furthermore, the Master Plan states that a pedestrian/bicycle pathway along the Green River will be provided. A pedestrian circulation plan was not provided with this preliminary plat application. Pursuant to Section 4.5 of the Development Agreement, which is consistent with the Master Plan, the applicant is required to complete the following with regards to trails and open space in Tukwila South, including in the area covered under this subdivision: 1. Donation of a north -south trail easement to the City of Tukwila. The donation was to occur within 30-days of the effective date of the Development Agreement. This has yet to occur; 2. Submission of a plan for trails and bike/pedestrian connections within Tukwila South, including in subdivision area. The submission of this plan was to occur by December 31, 2011. It has yet to occur; and 3. Granting of an easement for the future construction of a pedestrian bridge over the Green River. If the above three items are completed, the proposed plat will meet the requirements of TMC 17.14.020 (D)(1) and the applicable sections of the Master Plan for Tukwila South. In a letter Page 14 of 24 dated August 28, 2013 the City extended the deadline for providing easement and trail plan to the City (Attachment I). Utilities Existing Infrastructure The backbone utility infrastructure necessary to serve development of the lots proposed in the plat has already been constructed as part of the Southcenter Parkway project. Existing utilities include potable water, sanitary sewer, stormwater drainage, power, and gas. Sewer, water, storm sewer, power, gas, and communications systems are stubbed with appropriate capacity at all Southcenter Parkway intersections to serve multiple lots together with additional stubs to serve individual lots. The storm sewer system includes two regional detention facilities, one at the north end and one at the south end of the Tukwila South Project area. The South facility has been constructed and the north facility is designed and will be completed under the existing site grading permit. Sewer and water lines, with capacity to serve the proposed development, exists in S.200th St, from Orillia Road to the new Southcenter Parkway. Utility easements will be provided along the front of lots 25-38 and 31-35 for power, gas, stormwater and communications. Utility easements will also be granted to connect lots 36 and 37 to the storm sewer, power, gas and communications system located in the Southcenter Parkway right-of-way and S 200th Street right-of-way. A water line, with capacity to serve adjacent development, is located in S.178th St, from the City limits to the intersection of Southcenter Parkway and S.180th St. Utility easements will be granted on lots adjacent to S.178th St. as required to extend sewer, storm sewer, power, gas and communications from the Southcenter Parkway systems to lots 1, 2 and 43-44. Utility Providers The plat is served by Highline Water District (HLW) for potable water. The water infrastructure necessary to serve development of the Tots proposed in the plat was designed by HLW to accommodate the Tukwila South Project at full build -out and has already been constructed as part of the Southcenter Parkway project. Segale Properties and HLW entered into cost sharing agreements for this work and upgrades to off -site water systems to serve the Tukwila South Project. The plat is served by the City of Tukwila for sanitary sewer. The backbone sewer infrastructure necessary to serve development of the Tots proposed in the Preliminary Plat was designed by the City to accommodate the Tukwila South Project and has already been constructed as part of the Southcenter Parkway project. The plat includes two lots on the far south side, lots 29 and 30, that are geographically isolated from other Tots by the wetland 10 sensitive area tract. Given the topography in the area, it will be necessary to extend utilities through the buffer of wetland 10. The extension of utilities through the wetland 10 buffer was not included in the SAMP, and, therefore, will need to be administratively reviewed and approved by the Director pursuant to TMC 18.45.070(B)(5). An application for a special permission to locate the utilities in the buffer is pending. Page 15 of 24 The plat is served by Puget Sound Energy (PSE) for electrical power. The duct and vault power infrastructure necessary to serve development of the lots proposed in the plat was designed( PSE to accommodate the Tukwila South Project at full build -out and has already been constructed by Segale Properties, per State regulated tariffs. The work was completed in conjunction with the Southcenter Parkway project. As specific development within the Tukwila South Project occurs, PSE will install circuits and equipment as required to provide power, following State regulated tariffs. In addition, PSE will make power system upgrades, including but not limited to transmission lines, feeder lines, and a substation, as necessary to supply power at full project build -out. The plat receives gas service from PSE, as well. The backbone gas line infrastructure necessary to serve development of the lots proposed in the plat was designed PSE to accommodate the Tukwila Project at full build -out and has already been constructed by PSE, per State regulated tariffs. The work was completed in conjunction with the Southcenter Parkway project. The plat is served by CenturyLink and Comcast for communications. The backbone communications duct and vault infrastructure necessary to serve development of the Tots proposed in the plat was designed by the individual providers to accommodate the Project at full build -out and has already been constructed by Segale Properties, per agreements with CenturyLink and Comcast. The work was completed in conjunction with the Southcenter Parkway project. Tukwila South Overlay District Design Manual The Project is subject to the ,Tukwila South Overlay District Design Manual, which provides the criteria and guidelines to address the four major types of land use categories, campus office, urban office, retail, and Tight industrial. Future applications for site plan development and building permits would be subject to these Design Guidelines. This application for land division is also subject to Design Review, though the Design Manual does not have guidelines specific to platting. The guidelines in the design manual are applicable to site design and layout, including layout of structures, parking and driveways, but this Plat does not provide site layout. The Design Manual does identify and characterize four land use categories (Campus Office, Urban Office, Retail and Light Industrial) and, as shown on our Potential Future Land Use Map (Attachment J), the lots have been designed in a manner that allows the land uses to be consistent with the characterization set forth in the Design Manual. Shoreline Master Program The Tukwila South Project is consistent with the City's Shoreline Master Program and implements the City's goal of developing a riverfront trail system. The Tukwila South Project is within the Urban Conservancy Environment where a 125-foot setback is generally applicable. Segale has received a shoreline substantial development permit and a shoreline grading permit that allows re -construction of portions of the Green River levee system consistent with the City's minimum levee profile and which allows for a reduction in the shoreline setback. The proposed ( Page 16 of 24 new levee will include an 8-foot wide trail and a mid -slope bench that can be planted. Trail easements have yet to be provided to the City. The approved shoreline grading permit and shoreline substantial development permit allow construction of the levee, the off -channel habitat area and grading in order to increase grades to the proposed elevations identified on the Plat. The Tukwila South Project is consistent with the goals and polices of the Shoreline Master Program; the construction of the off -channel habitat area, the levee-Iayback and improvements to Johnson Creek all promote vegetation conservation and enhancement, restore shoreline ecological functions and preserve water quality. Public Safety The proposed future development of Tukwila South will require the relocation of Fire Station #51, which is currently located on Andover Park East. As part of the Development Agreement, the City and Segale Properties, LLC have made provisions for a future fire station site at the northwest corner of S. 180th Street and Southcenter Parkway. • e tfe 11 .1niout Aft, rti�r 01 to A le Photo 2 Location of Future Fire Station Site at NW corner of S.1 130th Street and Southcenter Parkway. • i__ SUBDIVISION DESIGN The preliminary subdivision includes a total 47 lots, with associated tracts; ranging in area from 28,132.25 square feet (lot 43) to 905,596 square feet (lot 37). The average lot area is Page 17 of 24 226,735.52 square feet. The table below shows the lot number, lot area, and access point for each building lot in the subdivision. Tukwila South Subdivision Lot Number Sq. Ft. Access Point 1 40,142.00 S. 178th Street 2 186,049.00 S. 178th Street 3 158,037.00 Southcenter PKWY 4 335,971.00 Southcenter PKWY 5 144,011.00 Segale Park Drive C 6 112,996.00 "B" Line 7 310,716.00 Segale Park Dr. C 8 71,428.00 Frager Road 9 323,645.00 Private access road 10 230,637.00 Private access road 11 178,101.00 Private access road 12 219,571.00 Private access road 13 213,166.00 Private access road 14 192,232.00 Private access road 15 248,319.00 Private access road 16 . 293,127.00 Private access road 17 271,250.00 Southcenter PKWY 18 324,473.00 Southcenter PKWY 19 349,001.00 Southcenter PKWY 20 322,937.00 Southcenter PKWY 21 477,529.00 Southcenter PKWY 22 393,093.00 Private access road 23 505,132.00 Private access road 24 289,626.00 Private Access Road 25 226,576.00 Private Access Road 26 73,558.00 S. 200th Street 27 96,008.00 S. 200th Street 28 97,651.00 S. 200th Street 29 82,078.00 S. 204th Street 30 88,991.00 S. 204th Street 31 501,134.00 Southcenter PKWY 32 173,621.00 S. 200th Street 33 122,299.00 S. 200th Street 34 130,953.00 S. 200th Street 35 116,946.00 S. 200th Street 36 358,928.00 Orillia Road Page 18 of 24 37 904,596.00 Orillia Rd & S.C. PKWY 38 180,593.00 Southcenter PKWY 39 339,873.00 Southcenter PKWY 40 282,045.00 S. 178th Street 41 170,722.00 Southcenter PKWY 42 218,906.00 Southcenter PKWY 43 28,132.25 S. 178th Street 44 246,379.00 S. 178th Street 45 60,778.00 Orillia Road 46 69,579.00 Orillia Road 47 121,674.00 Southcenter PKWY As a remainder, 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. The frontage of all the lots is either from a public street or from one of the private roads proposed in the plat. There are several unusual lot shapes, which are created by existing constraints. Lot 37 has a small frontage area along Southcenter Parkway. This unusual shape is driven by the surrounding in Sensitive Area Tract 3. Lot 1 also has an unusual shape, but lot 1 is not intended for commercial development and instead will be used by PSE as a substation. The final access points for each lot will be determined at the time of proposed development on each lot. 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. Note 2 on page 12 of 13 of Attachment A outlines the restrictions on permitted uses for these sensitive area tracts. There is some confusion in the terminology used, which can be addressed via a condition. The subdivision also calls for the creation of some non -buildable lots. Note 7 on page 12 of 13 of Attachment A outlines how these non -buildable lots will function. Finally, three open space tracts are being created. Note 13 on page 12 of 13 of Attachment A outlined how these open space tracts will function. All existing structures will meet setbacks for all new proposed lot lines. Page 19 of 24 Phasing The applicant may choose to record the plat in phases. A conceptual phasing plan showing a potential eight stage phase for the plat is attached as Attachment G. Phasing is permitted under TMC 17.14.040, with the City Council having sole discretion to permit phasing at the time of final plat. Phasing will likely be dictated by market conditions. A utility and infrastructure phasing plan is included with attachment H. The applicant may choose not to pursue the plat in phases or may request that the City approve the plat in more than eight phases. Exceptions The plat map shows several "exceptions." These are lots that are not owned by the applicant. COMMENTS DURING NOTICE OF APPLICATION PERIOD As required by TMC 18.104, the City provided a Notice of Application to property owners and tenants within 500 feet of the proposed plat area; to potentially impacted agencies; and posted on the project site. The following briefly summarizes the comments or inquires received by the City regarding the project. The City only received one written comment (included as attachment E) 1. In November of 2012, the City of Renton Public Works Department called requesting a copy of the Development Agreement between the City of Tukwila and the applicant. I copy was provided by City staff on November 20, 2012. 2. In January of 2013, the United States Army Corp of Engineers called inquiring about the proposed project. A copy of the Development Agreement between the City and the applicant was provided to fulfill the Corps request. 3. On November 21, 2012, the City of Tukwila received a letter from Davis Wright Tremaine, LLP, which represents the M&P Company (see Attachment E). The M&P Company is a property owner adjacent to the proposed subdivision. The letter discusses several issues regarding access to the M&P Company's parcel. The issues regarding access have been resolved. The letter also states that the City should examine access issues for several of lots. It is the City's position that these access issues will need to be examined at the time a commercial project is proposed on each of the individual lots. Page 20 of 24 { Photo 3: M&P Company Property. CONCLUSIONS It is important to note that the timing of this preliminary subdivision application differs from most other plats. In most projects an applicant attains preliminary subdivision application prior to issuance of a grading permit or other construction related permits. Usually during a preliminary subdivision application, the City makes a determination regarding access, street alignment, assuring adequate provisions have been made for utilities, and that provisions have been made to address impacts associated with the subdivision. Yet, in this case, that work has already occurred through the approval of the Master Plan, execution of the Development Agreement, preparation of the FEIS; and approval of the SAMP. Thus, this preliminary subdivision application will allow for implementation of those approvals previously outlined. 1. The proposed preliminary subdivision is consistent with the City's Comprehensive Plan, Zoning Code Shoreline Master Program, adopted Master Plan for Tukwila South, Sensitive Area Master Plan, and Final Environmental Impact Statement. 2. The proposed plat is generally consistent with the Development Agreement between the City of Tukwila and Segale Properties, LLC. Many of the issues, such as access, traffic impact, pedestrian circulation, open space and other development items, which Page 21 of 24 normally would be addressed as part of this preliminary plat, were addressed as part of the Development Agreement. This subdivision does not in any way supersede, amend, or alter any conditions or obligations set forth in the other approvals or agreements to which Segale Properties is either a party or applicant. 3. The Development Agreement, which this subdivision assists in implementing, makes appropriate provisions for roads and utilities. These roads, including the private access roads, and utilities will need to be constructed in order to serve the proposed Tots in the plat. 4. The proposed Tots have a design, shape, and orientation that is appropriate for the range of uses permitted in the Tukwila South Overlay District. 5. The use of private streets in the proposed development is appropriate, provided the design and required documentation complies with the City's Infrastructure Design and Construction Standards. 6. The City's Public Works Director has agreed to waive the requirement of the City's Infrastructure Design and Construction Standard Section 4.2.5.B.3 regarding the number of connections to an existing public street. 7. The proposed subdivision complies with RCW 58.17 regarding the division of land. As required, notification was provided to the Washington State Department of Transportation and the Secretary of Transportation did not provide any comments to ( the City. 8. Pursuant to the section 6.1 of the Development Agreement, no additional SEPA review is necessary for implementing approvals, including plats, provided that the implementing approval does not materially exceed the project envelope. The proposed uses, trip generation and gross floor area of development is within the range of development analyzed by the SEPA documents; therefore, this preliminary plat application does not exceed the project envelope. 9. As part of the EIS, the City completed a detailed Traffic Impact Analysis, which outlined that at full build -out the project would generate 10,144 net new PM peak hour trips. The plat does not add additional trips above what was concluded would be generated in the Traffic Impact Analysis. Additional traffic impact analysis is not needed to approve the plat. 10. The plat, as proposed, does not make adequate provisions for pedestrian and bicycle circulation as specified in the adopted Master Plan for Tukwila South (Principle #7), which the plat is located within. TMC 17.14.020 (D)(1) requires that the plat be in conformance, "with...adopted city plans." If the terms of the Development Agreement, regarding pedestrian and bicycle circulation are met, compliance with TMC 17.14.020 (D)(1) will be achieved. The City, through the Development Agreement, has granted Page 22 of 24 Segale Properties, LLC additional time to comply with section 4.5 of the Development Agreement. A condition has been placed on the project to address this deficiency. 11. The preliminary plat is consistent with Principle #1 of the Master Plan which calls for development to occur in a cohesive manner; instead of an ad -hoc basis. The applicant is proposing to complete a large plat in lieu of completing smaller plats. 12.The preliminary plat is consistent with Principle #2 of the Master Plan, which calls for development decisions to be weighed by their ability to maximize the site's potential to create value. By completing a plat it allows for individual lots to easily be leased to future tenants. 13. The applicant is currently in the process of completing all mitigation work approved under the SAMP. 14.As conditioned below, the project is not detrimental to the public health, safety and general welfare. STAFF RECOMMENDATION Staff recommends approval of the preliminary subdivision (plat) with the following conditions: 1. The following notes should be added or amended to the face of the plat: a. The City of Tukwila SEPA responsible official has previously determined that the project creates a probable significant environmental impact and required preparation of an Environmental Impact Statement. Final Environmental Impact Statement (FEIS) dated July 7, 2005 together with the Draft EIS dated April 5, 2005 comprise the environmental impact statement as required by the Washington State Environmental Policy Act (Chapter 43.21 Revised Code of Washington). b. On sheet 12 of 13 update the title of note 2 to state "Native Growth Protection Areas - Sensitive Area Tracts." c. Reference any geotechnical report prepared for this plat on the face of the plat document. 2. 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. 3. In order to meet the requirements of TMC 17.14.020 (D)(3) the applicant shall fully comply with section 4.5 of the Development Agreement between the City of Tukwila and Segale Properties, LLC. 4. 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 Standarrds, the applicant shall construct the private roads to meet City standards Page 23 of 24 (roadway width shown in attachment B is acceptable), including, but not limited to street lighting, drainage, and pavement thickness. 5. 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 section and the City's Infrastructure Design and Construction Standards (with the exception of 4.2.5.6.3. The general design of the public works improvements shall be consistent with the plans included as attachment B. 6. 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. 7. The applicant shall obtain special permission from the Director for the proposed utility work in SAT 5 (Wetland 10) and shall complete all required mitigation prior to final approvals 8. All easements, including, but not limited to open space, pedestrian, and access (with corresponding recording numbers) shall be noted on the final plat documents. 9. 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. 10. The north storm pond, discussed in the utilities section of this staff report, will need to be installed prior to final approval of the plat. Informational Item -Expiration TMC 17.14.050 states that preliminary approval shall expire unless a final plat application is submitted to the City within five years from the date of preliminary approval. RCW 58.17.140 states that for preliminary plats, approved prior to January 1, 2014, shall be valid for seven years. In staff's opinion, the State Statue prevails over the City's adopted code and the preliminary approval would be valid for seven years. 9 This application (L12-028) is pending with the City. Page 24 of 24 KENT WASHINGTON PUBLIC WORKS ENVIRONIMENTAL ENGINEERING Michael Mactutis, PE, CFM Environmental Engineering Manager 400 West Gowe Kent, WA 98032 Fax: 253-856-6500 PHONE: 253-856-5500 September 19, 2017 Max Baker Assistant Planner City of Tukwila Department of Community Development 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 Re: File #L17-0031 Preliminary Plat Application for Tukwila South Properties Mr. Baker, Thank you for the opportunity to provide comments for the public hearing on the referenced preliminary plat application. The proposal has potential significant impacts on the City of Kent related to flood protection from the Green River, as well as flood hazard mapping. The Green River Levee north of South 204th St. is the extension of the levee known as the Frager Road levee in Kent, which extends south to the Joe Jackson Bridge. Please see the attached map. The city of Kent is currently evaluating the Frager Road levee for adequacy related to the federal levee standards as well as improvements necessary to meet the King County Flood Control District's interim goal of having levees meet or exceed the 500-year level of protection (0.2% per year chance of occurrence). Since the levee on the Tukwila South Property Proposal is a continuous extension of the Frager Road Levee, the documentation related to meeting the federal levee standards in 44 CFR 65.10 and being accredited by FEMA are critical to the city of Kent. A failure of the levee, either by not being documented to meet federal standards, or in reality, could result in damage to the city of Kent. If the levee is not documented to meet the federal design and construction standards, FEMA will map the area protected by the levee as if the levee does not exist. The FEMA Flood Insurance Rate Maps would show floodwater flowing through this area and south to the lower areas of the city of Kent along S. 212th St. and into the Kentview/Riverview neighborhoods along S. 216th St. If this levee were to fail, depending on the severity of the flooding, floodwaters flowing around the downstream end of the Frager Road Levee could flood homes, farms and public and private infrastructure as far south as South 216th St. au 6 MAYOR SUZETTE COOKE , .'`CFtyc#"eittpucot--tFept` The city of Kent requests that any approval of the application include conditions to require the levee to be documented by a professional engineer to meet all federal levee standards in the CFR referenced above, and that the applicant work with the city of Kent to obtain FEMA accreditation for the extended Frager Rd./Tukwila South Levee. Thank you for your consideration and please let me know if you have any questions. Sincerely, ,/)-t7bc- Michael Mactutis, P.E. Environmental Engineering Manager ANGLE LAKE WA SNING 7ON TUKWPLA SOUTH PROPOSAL S 200th ST S 204th ST FRAGER LEVEE Frager Road Levee September 19th, 2017 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director Affidavit of Distribution Project Name: SEGALE TUKWILA SOUTH Project Number: L17-0031 Associated File Number (s): PL17-0024 Date Mailed: 9/5/17 Mailing requested by: MAX BAKER Mailer's signature:-- C. ❑ Board of Adjustment Agenda Packet ❑ Notice of Application for ❑ Board of Appeals Agenda Packet Shoreline Mgmt Permit ❑ Determination of Non -Significance ❑ Notice of Decision ❑ Determination of Significance & [Z Notice of Public Hearing Scoping Notice ❑ Notice of Public Meeting ❑ Mitigated Determination of Non- ❑ Official Notice Significance ❑ Other ❑ Notice of Action ❑ Shoreline Mgmt Permit ❑ Notice of Application ❑ Short Subdivision Agenda Parties of Record: SEE ATTACHED City of Tukwila Notice Of Hearing September 19th, 2017 Preliminary Plat Application for Tukwila South Properties Project Planner: Max Baker at 206.431.3683 or Max.Baker@Tukwilawa.gov Angle Lake File# L17-0031 Applicant: Mark Segale, Segale Properties Property Owner: Segale Properties Project Location: Tukwila South Project Description: New preliminary plat application for the properties commonly referred to as "Tukwila South/' A previous preliminary plat approval was granted for the area on September 19, 2013. The new application looks to build off of this previously approved application with an updated proposal that aims to separate buildable from non -buildable areas, as well as to create a modified lot layout. A public hearing is scheduled for the project on September 19th, 2017 at 3:30 pm. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the project planner listed above, or by visiting our offices Monday through Friday, 8:00am to 5:00 pm at DCD, 6300 Southcenter Blvd, Suite 100, Tukwila WA 98188. 4 City of Tukwila Notice Of Hearing September 19th„ 2017 Preliminary Plat Application for Tukwila South Properties Project Planner: Max Baker at 206.431.3683 or Max.Baker@Tukwilawa.gov File# L17-0031 Applicant: Mark Segale, Segale Properties Property Owner: Segale Properties Project Location: Tukwila South Project Description: New preliminary plat application for the properties commonly referred to as "Tukwila South." A previous preliminary plat approval was granted for the area on September 19, 2013. The new application looks to build off of this previously approved application with an updated proposal that aims to separate buildable from non -buildable areas, as well as to create a modified lot layout. A public hearing is scheduled for the project on September 19th, 2017 at 3:30 pm. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the project planner listed above, or by visiting our offices Monday through Friday, 8:00am to 5:00 pm at DCD, 6300 Southcenter Blvd, Suite 100, Tukwila WA 98188. City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 You are receiving this notice because you are a property owner or tenant within 500ft of this project. 3523049119 3523049119 3523049119 3523049119 3523049061 3523049031 3523049031 3523049119 3523049119 3523049119 3523049119 3523049119 3523049119 3523049107 3523049123 3523049123 3523049037 3523049115 3523049115 3523049116 3523049014 3523049082 3523049119 3523049119 3523049119 3523049119 3523049115 3523049115 2623049067 2623049067 2623049067 2623049067 2623049134 2623049079 3523049031 3523049088 3523049110 3523049110 3523049110 3523049110 3523049110 0239000320 0239000351 3523049005 3523049112 3523049005 3523049005 3523049005 3523049005 3523049005 3523049005 3523049005 3523049005 3523049005 3523049005 ADDR NAME ADDR-00021 Occupant ADDR-00023 Occupant ADDR-00025 Occupant ADDR-00026 Occupant ADDR-00044 Occupant ADDR-00052 Occupant ADDR-00053 Occupant ADDR-00065 Occupant ADDR-00067 Occupant 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NA NA NA 7888800540 7888800560 7888800560 0222049017 3423049293 7888800080 0322049072 0322049025 2623049134 3423049034 7888800150 1840300181 7888800560 0222049008 3523049016 7888800200 7888800140 7888800070 0239000247 0222049036 3523049101 0322049061 3423049252 0322049020 Occupant Occupant Occupant O'CONNELL HERITAGE LLC PABILLON SIMEON CJR PCS PROPERTIES LLC PITTENGER FRED W PRIME BELVEDERE WEST LLC RAMOS PROPERTIES REYNOLDS STEVEN G ROBBINS HOLDINGS LLC ROBINSON MARILYN J 5 KING CO ACTIVITY CENTER SEGALE PROPERTIES LLC SEGALE PROPERTIES LLC STRENG ASSOCIATES LLC STRESS-TEK INC TBI BUILDING L L C THOMPSON DOUGLAS D TUKWILA HISTORICAL SOCIETY UNION PACIFIC RAILROAD WESTERLUND MARGARET ROSE BI WU YONG XIE+LIYI FANG ZGRAGGEN ANTON JOSEPH+MARIE PROPERTY TAX 5851 S 194TH ST 19731 RUSSELL RD S 19725 RUSSELL RD S 20431 FRAGER RD S 18424 MILITARY RD S P 0 BOX 700 PO BOX 13303 PO BOX 360859 15735 AMBAUM BLVD SW 18430 MILITARY RD S 29100 HALL ST 5129 S 178TH 19731 RUSSELL ROAD 5 PO BOX 88028 5811 SEGALE PARK DR C 19311 RICHMOND BEACH DR 5920 S 194TH 6412 S 190TH ST 15018 SE 224TH ST 14475 59TH AVE S 1400 DOUGLAS ST STOP 41640 22232 196TH AVE SE 18418 MILITARY RD 5 4503 S 204TH ST KENT WA KENT WA KENT WA KENT WA SEATTLE WA MERCER ISLAND WA DES MOINES WA LOS ANGELES CA BURIEN WA SEATTLE WA SOLON OH SEATTLE WA KENT WA TUKWILA WA TUKWILA WA SHORELINE WA KENT WA KENT WA KENT WA TUKWILA WA OMAHA NE RENTON WA SEATAC WA KENT WA 98032 KC-AdddressPoints 98032 KC-AdddressPoints 98032 KC-AdddressPoints 98032 KCA Table 98188 KCA Table 98040 KCA Table 98198 KCA Table 90036 KCA Table 98166 KCA Table 98188 KCA Table 44139 KCA Table 98188 KCA Table 98032 KCA Table 98138 KCA Table 98188 KCA Table 98177 KCA Table 98032 KCA Table 98032 KCA Table 98042 KCA Table 98168 KCA Table 68179 KCA Table 98058 KCA Table 98188 KCA Table 98032 KCA Table NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA AGENCY LABELS Clerk Office — Ana Le PUBLIC HEARINGS/MEETINGS need to go to Ana to include in Digital Records Center * send notice of all applications on Green/Duwamish River ❑ Duwamish River Clean Up Coalition * ® Muckieshoot Indian Tribe * ❑ Cultural Resources ❑ Fisheries Program ® Wildlife Program • Duwamish Indian Tribe * ❑ People for Puget Sound * ** ® US Corps of Engineers ❑ Federal HWY Admin O Federal Transit Admin, Region 10 ® Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ❑ US Environmental Protection Agency (E.P.A.) ❑ US Dept of HUD ® National Marine Fisheries Service Section 2 WASHINGTON ® Office of Archaeology ® Transportation Department (WSIDOT NW) ® Dept of Natural Resources O Office of the Governor 0 WA State Department of Commerce (formerly Community Dev) 0 WA Fisheries & Wildlife, MillCreek Office ® WA Fisheries & Wildlife, Larry Fisher, 1775 12th Ave NW Ste 201, Issaquah WA 98027 0 0 STATE AGENCIES Dept of Social & Health Services Dept of Ecology NW Regional Office, Shoreland Div. SHORELINE NOD REQUIRES RETURN RECEIPT Dept of Ecology, SEPA **Send Electronically Office of Attorney General Office of Hearing Examiner ❑ KC Boundary Review Board ❑ Fire District # 11 ❑ Fire District # 2 ❑ KC Wastewater Treatment Div ® KC Dept of Parks & Recreation ® KC Assessor's Office ❑ KC Watershed Coordination WRIA 9 Section 3 KING COUNTY AGENCIES ❑ Health Department ❑ Port of Seattle • KC Dev & Environmental Services-SEPA Info Center ® KC Metro Transit Div-SEPA Official, Environmental Planning ® KC Dept of Natural Resources ® KC Dept of Natural Resources, Andy Levesque ❑ KC Public Library System ❑ Foster Library ❑ Renton Library ❑ Kent Library ❑ Seattle Library Section 4 SCHOOLS/LIBRARIES ❑ Westfield Mall Library ❑ Tukwila School District • Highline School District ❑ Seattle School District ❑ Renton School District ® Century Link O Seattle City Light ® Puget Sound Energy ® Highline Water District ❑ Seattle Planning &Dev/Water Dept ® Comcast Section 5 UTILITIES ® BP Olympic Pipeline ❑ Val-Vue Sewer District ❑ Water District # 20 ❑ Water District # 1.25 ❑ City of Renton Public Works ❑ Bryn Mawr-Lakeridge Sewer/Water Dist ❑ Seattle Public Utilities 0 Waste Management ❑ Cascade Water Alliance ❑ Tukwila City Departments ❑ Public Works ❑ Police ❑ Planning ❑ Parks & Rec ❑ City Clerk (PUBLIC HEARINGS/MEETINGS) ❑ Fire ❑ Finance ❑ Building ❑ Mayor Section 6 CITY AGENCIIES ® Kent Planning Dept ®Renton Planning Dept ® City of SeaTac ❑ City of Burien ❑ City of Seattle O Strategic Planning *Notice off all Seattle Related Projects Section 7 OTHER LOCAL AGENCIES 0 Puget Sound Clean Air Agency ® Sound Transit/SEPA ❑ Puget Sound Regional Council ❑ Washington Environmental Council ❑ Futurewise ❑ Puget SoundKeeper O SW KC Chamber of Commerce ❑ Tukwila Historical Society** send notices for all Tukwila projects which require public notice — via email to: tukwilahistsocietv@tukwilahistorv.orq and rcwieser@comcast.net Seattle Times ❑ Highline Times Section 8 MEDIA ❑ South County Journal ❑ City of Tukwila Website 30 Parties of Record / Additional Contacts Clayton P. Graham Davis Wright Tremaine 1201 Third Avenue, STE 2200 Seattle, WA 98101-3045 Public Notice Mailings IFor Permits SEPA MAILINGS (Comment period starts on date of mailing) Notice of Application mailed to: Department of Ecology (send checklist with Notice of Application), applicant, other agencies as necessary, property owners and tenants within 500 feet. It is also posted on site. KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand. Tribes — For any application on the Green/Duwamish River, send the checklist and a full set of plans with the Notice of Application SEPA Determination mailed to Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE at the time of SEPA determination: SEPA Determination Staff report SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to applicant, property owners and residents within 500 feet of subject property, agencies with jurisdiction. Comments are due 30 days after the notice of application is mailed/posted. The Notice of Application for a Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the Notice of Application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Notice is sent to Ecology's NW Regional Office Shorelands & Environmental Assistance Program. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21-day appeal period begins date of filing with DOE) — Notice to DOE must be by return receipt requested mail (this requirement included in SSB 5192, effective 7-22-11). Department of Ecology Shorelands Section, NW Regional Office State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the notice of decision and staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: One complete packet should also be sent to Muckleshoot Indian Tribe if they commented on the project during comment period. Permit Data Sheet Shoreline Substantial Development Decision (Signed by Director) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) — Site plan, with mean high water mark & improvements Cross -sections of site with structures & shoreline Grading Plan — Vicinity map SEPA determination (Signed by Director) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) City of Tukwila Department of Community Development - Jack Pace, Director Invoice Issue date: September 5th, 2017 Due date: October 5th, 2017 RE: Tukwila South — Preliminary Plat Project Numbers: L17-0031 Allan Ekberg, Mayor INVOICE Bill To Mark Segale PO BOX 88028 Tukwila, WA 98188 MSegale@SegaleProperties.com Following is a break -down of fees that will be charged to mail notice of hearing postcard to all owners and occupants within the notice area. Description Mailing NOH Postcards Permit Number L17-0031 The City of Tukwila accepts Cash, Check, Visa/Mastercard Credit card payment is accepted over the phone. 206.431.3670 A 3% convenience fee will be charged for all credit and debit payments. Quantity Price Line Total 220 $1.00 Subtotal Paid Amount Due $220.00 $220.00 $0.00 $220.00 If paying by check please remit payment to: City of Tukwila Attn: DCD 6300 Southcenter Blvd., Ste 100 Tukwila WA 98188 Phone: 206-433-1800 • City Hall Fax: 206-433-1833 • Website: www.ci.tukwila.wa.us City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Web site: http://www.TukwilaWA.gov REVISION SUBMITTAL Revision submittals must be submitted in person at the Permit Center. Revisions will not be accepted through the mail, fax, etc. Date: 8/29/17 Plan Check/Permit Number: L17-0031 ❑ Response to Incomplete Letter # ❑ Response to Correction Letter # X❑ Revision # 1 after Permit is Issued ❑ Revision requested by a City Building Inspector or Plans Examiner ❑ Deferred Submittal # Project Name: Tukwila South Preliminary Plat Project Address: Tukwila South Contact Person: Mark Segale Phone Number: 206-575-2000 Summary of Revision: 1.) Cover Letter 2.) Segale Properties LLC Tukwila South Preliminary Plat Phasing Plan Sheets 1 & 2, Dated August 29, 2017 3.) Segale Properties LLC Tukwila South Final Plat Phasing Plan Sheets 1 & 2, Dated August 29, 2017 Sheet Number(s): N/A "Cloud" or highlight all areas of revision including date of revision Received at the City of Tukwila Permit Center by: ❑ Entered in TRAKiT on W:\Permit Center\Templates\Forms\Revision Submittal Formdoc Revised: August 2015 EGA4 .a RCP silk A LIMITED LIABILITY COMPANY COMMERCIAL • INDUSTRIAL • AGRICULTURAL • NATURAL RESOURCES August 29, 2017 Max Baker Assistant Planner City of Tukwila Department of Community Development 6300 Southcenter Blvd. Tukwila, WA 98188 Re: Tukwila South Preliminary Plat L17-0031 Dear Max, Per our meeting and discussions with staff, enclosed please find the documents listed below as supplemental materials to the Segale Properties Preliminary Plat (L17-0031) submitted on June 9, 2017. 1. Segale Properties LLC Tukwila South Preliminary Plat Phasing Plan, Sheets 1 and 2, dated August 29, 2017 2. Segale Properties LLC Tukwila South Final Plat Phasing Plan, Sheets 1 and 2, Dated August 29, 2017 We request that the previously submitted Phasing Plan included as part of the L17-0031 Preliminary Engineering Plans from June of 2017 be replaced by the enclosed Tukwila South Preliminary Plat Phasing Plan (item #1 above). We recommend that the City Staff Report request that the Hearing Examiner make findings and conclusions in his preliminary plat decision, that the Tukwila South Preliminary Plat Phasing Plan (item #1 above) and the anticipated Tukwila South Final Plat Phasing Plan (item #2 above), show Phases, FDTs and NBTs consistent with the requirements of the Tukwila Municipal Code. We also request that the Hearing Examiner impose phasing -related conditions on the preliminary plat, some of which have been revised from the initial preliminary plat decision as shown below (deletions shown in strikethrough and additions in underline): AUG 2.y ti=11 PO BOX 8 8 0 2 8 • TUKWILA, WA 9 8 1 3 8 • 5 8 1 1 SEGALE PARK DRIVE C • TUKWILA, WA 98188 P 206.575.2000 • F 206.575.1837 •1 www.segaleproperties.com "2. Prior to final approval of lots in any phase, adequate provision shall be made to ensure that all necessary utilities and infrastructure are in place to serve the proposed lots within that phase of the plat." "4. 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 private roads to meet City standards Page 24 of 24 (roadway width shown in attachment B is acceptable), including, but not limited to street lighting, drainage, and pavement thickness." "5. Prior to final approval of any phase or phases, the applicant shall install all public works infrastructure, including construction of the private roads located within that phase or phases. 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 to Exhibit 1 (Tukwila South Preliminary Engineering Plans)." "6. As part of the final plat application for any phase including one or more private streets, 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." "8. All easements, including, but not limited to open space, pedestrian, and access (with corresponding recording numbers) shall be noted on the first phase of the final plat, and may be supplemented or amended as to lands taken to final plat status in later -recorded phases. final plat documents." In addition, Segale requests that the Staff Report recommend to the Hearing Examiner a preliminary plat condition calling for the following notes to be placed on the face of the Final Plat: X. NON -BUILDABLE TRACTS TRACTS DESIGNATED WITH THE ACRONYM NBT ARE NON - BUILDABLE TRACTS THAT ARE 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 Page 2 of 3 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 OF A COMPLETE LAND USE APPLICATION AND THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC. X. 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. Thank you for your assistance in this matter. Please contact me if you have any questions at (206) 575-2000. Very truly yours, SEGALE PROD RTIES LLC Mark A. Enclosures Page 3 of 3 DENOTES PHASE 1 PHASE 1 FOtD� 110111b,Aariaa �\ � oFeN SPACE MACS 114. SPACE MACS t .. PDT-T I I DENOTES NNE LOT NREM SDI DENDIES RECCIW. DEIBNIIDN TRACT BAT MOWS FEMME AEA SILT RBD DBDIES NDN9lDAOLE TRIGT OPEN SPATS TRACT2 DENOTES �-4 SPAS TRACT I 'PHASE T FDT-4 TUKWILA SOUTH FINAL PLAT PHASING PLAN PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N., R. 4 E.W.M. TUKWILA, WASHINGTON. - DET1071 FDT-5 FOT N 'PHASE 8' FDT-5 NOTE THE SEQUENCE AND TIMING FOR DEVELOPMENT SHOWN ON THIS PHASING PLAN IS NOT INTENDED TO BE ABSOLUTE AND REPRESENTS UKELY PHASES BASED ON CURRENT MARKET CONDITIONS. PHASES MAY BE RECORDED CONCURRENTLY, OR IN A DIFFERENT ORDER THAN SHOWN ON THIS MAP, BASED ON MARKET CONDITIONS. FOR EXAMPLE. TT IS ANROPATED THAT PHASES 1. 2 MID 3 WILL PROCEED FIRST AND BE RECORDED CONCURRENTLY, ON A FINAL PLAT DESIGNATING ALL REMAINING PHASES AS FUTURE DEVELOPMENT TRACTS. ALL PHASES WILL BE RECORDED WITHIN THE ALLOWED TERM OF THE PRELIMINARY PLAT, AND ANY EXTENSIONS GRANTED. '- 'EIVED AUG 292017 (";nmmiinity ueveiopment. TUKWILA SOUTH FINAL PLAT - PHASING PLAN PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N., R. 4 E.W.M. TUKWILA, WASHINGTON. VED 2017' nity ent Olympic Pipe Line Company Right of Way Department 30 South Wacker Drive Suite 900 Chicago, IL 60606 August 8, 2017 Max Baker — Project Planner City of Tukwila Dept. of Community Development 6300 Southcenter Blvd Suite 100 Tukwila, WA 98188 Max.Baker@Tukwilawa.gov RE: L17-0031 Preliminary Plat Application for Tukwila South Properties BP File # TPR - 10030 Tukwila, WA To Whom It May Concern: A review of our records indicates there are no active pipelines owned or operated by BP Pipelines within the scope provided for the above referenced project. Included with this letter is a GIS map indicating the approximate location of your project. If the scope of your project has changed, or you disagree with the location of your project as indicated on the map please contact me at 425-981-2506 or via email at joseph.stone@bp.com. Please note that 811 the national One -Call number must be contacted for clearance prior to any excavation. Sincerely, o Joseph Stone, SRNVA Right -of -Way Agent 1 I— IX ZvvJV 1\LJLIC.0 VI PA JIJII ..QLI JII 1 un.vv11C1 .71JULllI rl IJ1JCI LICre, 1101R, WIMP .11, • Centerline ® Sled Assembly Olympic Pipe Line Legend Party Jumper Centerlines r pit t"' via.to a ism s T MOM alit imp bolo I ; if :jbog Isar i •is sun - ■aw • ..I• . �■ Approximate Project Locaton L17-0031 (outlined in orange) Olympic Pipe Line Counties and USPL make no warranty as to the correctness or completeness of the information contained within this document. The user assumes all risk of loss tc !rson or persons and property as a result of reliance thereon. This drawing and all information thereon is the property of BP and USPL and shall not be copi used except for the purpose for which it is expressly furnished. Data is displayed in a geographic coordinate system, projected to Web Mercator Auxiliary there (WKID 1021001. City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director Affidavit of Distribution Project Name: PRELIM PLAT - TUKWILA SOUTH Project Number: L17-0031 Associated File Number (s): Date Mailed: 7/26/17 Mailing requested by: MAX BAKER Mailer's signature: ❑ Board of Adjustment Agenda Packet ❑ Board of Appeals Agenda Packet ❑ Determination of Non -Significance ❑ Determination of Significance & Scoping Notice ❑ Mitigated Determination of Non - Significance ❑ Notice of Action Notice of Application Parties of Record: ❑ Notice of Application for Shoreline Mgmt Permit ❑ Notice of Decision ❑ Notice of Public Hearing ❑ Notice of Public Meeting ❑ Official Notice ❑ Other: ❑ Shoreline Mgmt Permit ❑ Short Subdivision Agenda AGENCY LABELS ® Office of Archaeology ® Transportation Department (WSDOT NW) Z Dept of Natural Resources O Office of the Governor 0 WA State Department of Commerce (formerly Community Dev) 0 WA Fisheries & Wildlife, MillCreek Office ® WA Fisheries & Wildlife, Larry Fisher, 1775 12th Ave NW Ste 201, Issaquah WA 98027 ❑ Clerk Office -Ana Le PUBLICHEARINGS/MEETINGS need to go to Ana to include in Digital Records Center ® US Corps of Engineers O Federal HWY Admin ❑ Federal Transit Admin, Region 10 ® Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ❑ US Environmental Protection Agency (E.P.A.) ❑ US Dept of HUD ® National Marine Fisheries Service Section 2 WASHINGTON 0 El El 0 STATE AGENCIES Dept of Social & Health Services Dept of Ecology NW Regional Office, Shoreland Div. SHORELINE NOD REQUIRES RETURN RECEIPT Dept of Ecology, SEPA **Send Electronically Office of Attorney General Office of Hearing Examiner Section 3 ❑ KC Boundary Review Board ❑ Fire District # 11 ❑ Fire District # 2 ❑ KC Wastewater Treatment Div Z KC Dept of Parks & Recreation ® KC Assessor's Office ❑ KC Watershed Coordination WRIA 9 KING COUNTY AGENCIES ❑ Health Department ❑ Port of Seattle ® KC Dev & Environmental Services-SEPA Info Center ® KC Metro Transit Div-SEPA Official, Environmental Planning ® KC Dept of Natural Resources ® KC Dept of Natural Resources, Andy Levesque O KC Public Library System 0 Foster Library ❑ Renton Library O Kent Library O Seattle Library Section 4 SCHOOLS/LIBRARIES ❑ Westfield Mall Library ❑ Tukwila School District ® Highline School District ❑ Seattle School District 0 Renton School District 0 Century Link ❑ Seattle City Light ® Puget Sound Energy ® Highline Water District ❑ Seattle Planning &Dev/Water Dept ® Comcast Section 5 UTILITIES ® BP Olympic Pipeline ❑ Val-Vue Sewer District ❑ Water District # 20 ❑ Water District # 1.25 O City of Renton Public Works ❑ Bryn Mawr-Lakeridge Sewer/Water Dist ❑ Seattle Public Utilities Waste Management 0 Cascade Water Alliance ❑ Tukwila City Departments ❑ Public Works ❑ Police O Planning ❑ Parks & Rec O City Clerk (PUBLIC HEARINGS/MEETINGS) ❑ Fire ❑ Finance ❑ Building O Mayor Section 6 CITY AGENCIES ® Kent Planning Dept ®Renton Planning Dept ® City of SeaTac ❑ City of Burien ❑ City of Seattle O Strategic Planning *Notice of all Seattle Related Projects * send notice of all applications on Green/Du ❑ Duwamish River Clean Up Coalition * [2]Muckleshoot Indian Tribe * ❑ Cultural Resources ElFisheries Program ElWildlife Program ® Duwamish Indian Tribe * O People for Puget Sound * Section 7 OTHER LOCAL AGENCIES wamish River ❑ Puget Sound Clean Air Agency ® Sound Transit/SEPA ❑ Puget Sound Regional Council ❑ Washington Environmental Council ❑ Futvrewise ❑ Puget SoundKeeper ❑ SW KC Chamber of Commerce ❑ Tukwila Historical Society** ** send notices for all Tukwila projects which require public notice — via email to: tukwilahistsociety@tukwilahistorv.oro and rcwieser@comcast.net O Seattle Times ❑ Highline Times Section 8 MEDIA ❑ South County Journal 0 City of Tukwila Webs' Parties of Record / Additional Contacts Clayton P. Graham Davis Wright Tremaine 1201 Third Avenue, STE 2200 Seattle, WA 98101-3045 7/25/2017 Address Database - L17-00031 Segale Plat.xlsx 3523049005 ADDR-12402 Occupant 3523049005 ADDR-12403 Occupant 3523049005 ADDR-12404 Occupant 3523049005 ADDR-12405 Occupant 3523049005 ADDR-12406 Occupant 3523049112 ADDR-12409 Occupant 3523049112 ADDR-12410 Occupant 3523049112 ADDR-12411 Occupant 3523049119 ADDR-12803 Occupant 0222049043 ADDR-13045 Occupant 7888800210 196TH CORRIDOR LLC 3523049110 AMB PROPERTY CORP 3523049107 ANDOVER PROPERTY MANAGEMENT 7888800190 B & B HOLDINGS LLC 0239000246 BAUER CHARLES A 0322049097 BAUER ROBERT N+THOMPSON DOU 0322049067 BUCK RICHARD L+ELIZABETH P 3523049039 BUI VIEN D+TONNU THANH-THIE 2623049013 CASTELLO LAND CO 0322049021 CCAS PROPERTY & CONST 3523049008 CITY OF TUKWILA 2623049067 CLPF-TUKWILA LP 0239000320 COLUCCIO VINCENTJR 0322049027 DAHLGREN HOLDINGS LLC 6600210220 DICKSON BROTHERS LLC 0322049049 DRAINAGE DIST 2 OF KING CO 1840300200 GEVING ORVILLE 0 3523049031 GRE MANAGEMENT SERVICES INC 7888800180 GREGORY REAL ESTATE TWO LLC 3523049014 GWI TUKWILA REALTY LLC 7888800510 HERCHE THOMAS F 7888800155 IBEX REALTY LLC 7888800170 INDUSTRIAL PROPERTY GROUP L 7888800400 INVESCO REALTY ADVISORS 0222049052 IRON MOUNTAIN 6600210240 JOHNSON PROPERTY HOLDINGS L 3523049010 KAISER NB 0000200043 KENT CITY OF 3523049037 KING COUNTY -SOLID WASTE 7888800100 KING COUNTY-WLRD RFMS 2623049079 KIR TUKWILA 050 LLC/KIMCO 0322049060 KOYAMATSU P K 7888800160 KWAN PATRICK+ROSALYN 7888800540 KYJ INTERNATIONAL LLC 0239000310 LA PIANTA LLC 7888800535 LEI KANG N+HUI M 3523049088 LEVITZ TUKWILA LLC 3523049112 LIT INDUSTRIAL LTD PTNSHP 7888800550 LZ VENTURES LLC 3523049082 M & P COMPANY 3523049061 MADISON INVESTMENTS LLC 7888800130 MARKET CONTRACTORS LTD 7888800132 MARKET CONTRACTORS LTD 0322049058 NEW TESTAMENT CHURCH C/OJSH PROPERTIES INC C/O JSH PROPERTIES INC ATTN: THOMAS O'CONNELL UNITED WAREHOUSE C/O JSH PROPERTIES INC C/O DELOITTE TAX LLP ATTN MD PROPERTY TAX DEPARTMEMT MITCHELL ELIZABETH ATTN VIKTOR LEBED 17774 SOUTHCENTER PKWY 17780 SOUTHCENTER PKWY 17780 SOUTHCENTER PKWY 17784 SOUTHCENTER PKWY 17790 SOUTHCENTER PKWY 18264 SOUTHCENTER PKWY 18320 SOUTHCENTER PKWY 18340 SOUTHCENTER PKWY 18171 SEGALE PARK B DR 19407 SOUTHCENTER PKWY 923 POWELL AVE SW STE 101 60 STATE ST STE 1200 C/O RE TAX 415 BAKER BLVD #200 392050TH NE 19805 ORILLIA RD S 15045 SE 296TH ST 24601 SE 220TH ST 12613 38TH AVE SE 7330 WEST MERCER WAY 710 9TH AVE 6200 SOUTHCENTER BLVD 10655 NE 4TH ST #901 197011ST PK SW 13975 INTERURBAN AVE S 20119 59TH PL S 20449 FRAGER ROAD 17820 51ST AVE S 2150 DOUGLAS BLVD #110 24416 249TH AVE SE 200 W MERCER ST STE #202 PO BOX 3837 923 POWELL AVE SW #101 5858 S 194TH ST PO BOX 847 ONE FEDERAL ST 20205 59TH PL S PO BOX 12454 220 4TH AVE S 201 S JACKSON ST #701 201 S JACKSON ST #600 3333 NEW HYDE PK RD STE 100 PO BOX 58046 5862 S 194TH ST 650 S ORCAS #200 18000 SOUTHCENTER PKWY 17321 SW 187TH ST 180 N STETSON AVE #324-D 1717 MCKINNEY AVE #1900 19710 58TH PL 5 PO BOX 1083 P 0 BOX 1922 10250 NE MAEX ST 10250 NE MARX ST 18635 8TH AVE S TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA RENTON WA BOSTON MA TUKWILA WA SEATTLE WA KENT WA KENT WA MAPLE VALLEY WA EVERETT WA MERCER ISLAND WA SEATTLE WA TUKWILA WA BELLEVUE WA NORMANDY PARK WA TUKWILA WA KENT WA KENT WA SEATTLE WA ROSEVILLE CA MAPLE VALLEY WA SEATTLE WA SEATTLE WA RENTON WA KENT WA CARLSBAD CA BOSTON MA KENT WA SEATTLE WA KENT WA SEATTLE WA SEATTLE WA NEW HYDE PARK NY TUKWILA WA KENT WA SEATTLE WA TUKWILA WA RENTON WA CHICAGO IL DALLAS TX KENT WA EDMONDS WA BOZEMAN MT PORTLAND OR PORTLAND OR SEATTLE WA 98188 TukwilaAdddressPoints 98188 TukwilaAdddressPoints 98188 TukwilaAdddressPoints 98188 TukwilaAdddressPoints 98188 TukwilaAdddressPoints 98188 TukwilaAdddressPoints 98188 TukwilaAdddressPoints 98188 TukwilaAdddressPoints 98188 TukwilaAdddressPoints 98032 TukwilaAdddressPoints 98057 KCATable 2109 KCATable 98188 KCATable 98105 KCATable 98032 KCATable 98042 KCATable 98038 KCATable 98208 KCATable 98040 KCATable 98104 KCA Table 98188 KCATable 98004 KCATable 98166 KCATable 98168 KrATab!e 98032 KCATable 98032 KCATable 98188 KCATable 95661 KCATable 98028 KCATable 98119 KCATable 98124 KCATable 98057 KCATable 98032 KCATable 92018 KCATable 2110 KCATable 98032 KCATable 98111 KCA Table 98032 KCATable 98104 KCA Table 98104 KCA Table 11042 KCA Table 98135 KCATable 98032 KCATable 98108 KCATable 98188 KCATable 98058 KCATable 80601 KCATable 75202 KCATable 98032 KCATable 98020 KCATable 59771 KCATable 97220 KCATable 97220 KCATable 98148 KCA Table ADDR-1241 ACTIVE-ML None ADDR-124( ACTIVE -Mt None ADDR-1241 ACTIVE-ML None ADDR-1241ACTIVE-ML None ADDR-1241 ACTIVE-ML None ADDR-1241 ACTIVE-ML None ADDR-124: ACTIVE-ML None ADDR-124: ACTIVE-ML None ADDR-1281 ACTIVE-ML None ADDR-130, ACTIVE -Mt None NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA https://qc2-excel.gov.online.office365.us/x/ Iavouts/xlprintview.asox?&NoAuth=1&sessionld=12.6efd9dd169dc1.A270.1.E187.httD%3A%2F%2Ftier0%3Fid%3Dhttos%253A%252F%252Ftukwilawa%252... 2/4 7/25/2017 Address Database - L17-00031 Segale Plat.xlsx ADDR NAME 3523049119 ADDR-00021 Occupant 3523049119 ADDR-00023 Occupant 3523049119 ADDR-00025 Occupant 3523049119 ADDR-00026 Occupant 3523049061 ADDR-00044 Occupant 3523049031 ADDR-00052 Occupant 3523049031 ADDR-00053 Occupant 3523049119 ADDR-00065 Occupant 3523049119 ADDR-00067 Occupant 3523049119 ADDR-00070 Occupant 3523049119 ADDR-00073 Occupant 3523049119 ADDR-00074 Occupant 3523049119 ADDR-00075 Occupant 3523049107 ADDR-00076 Occupant 3523049123 ADDR-00078 Occupant 3523049123 ADDR-00079 Occupant 3523049037 ADDR-00157 Occupant 3523049115 ADDR-00160 Occupant 3523049115 ADDR-00161 Occupant 3523049116 ADDR-00163 Occupant 3523049014 ADDR-00164 Occupant 3523049082 ADDR-00175 Occupant 3523049119 ADDR-00231 Occupant 3523049119 ADDR-00232 Occupant 3523049119 ADDR-00233 Occupant 3523049119 ADDR-00234 Occupant 3523049115 ADDR-00235 Occupant 3523049115 ADDR-00236 Occupant 2623049067 ADDR-00873 Occupant 2623049067 ADDR-00874 Occupant 2623049067 ADDR-00875 Occupant 2623049067 ADDR-00876 Occupant 2623049134 ADDR-00877 Occupant 2623049079 ADDR-01999 Occupant 3523049031 ADDR-07147 Occupant 3523049088 ADDR-07151 Occupant 3523049110 ADDR-07174 Occupant 3523049110 ADDR-07178 Occupant 3523049110 ADDR-07182 Occupant 3523049110 ADDR-07186 Occupant 3523049110 ADDR-07188 Occupant 0239000320 ADDR-10056 Occupant 0239000351 ADDR-10059 Occupant 3523049005 ADDR-12389 Occupant 3523049112 ADDR-12390 Occupant 3523049005 ADDR-12392 Occupant 3523049005 ADDR-12393 Occupant 3523049005 ADDR-12396 Occupant 3523049005 ADDR-12397 Occupant 3523049005 ADDR-12398 Occupant 3523049005 ADDR-12399 Occupant 3523049005 ADDR-12400 Occupant 3523049005 ADDR-12401 Occupant NAME2 STREET 18125 ANDOVER PARK W 18201 ANDOVER PARK W BLDG 18205 ANDOVER PARK W 18221 ANDOVER PARK W 5910S180THST 5951 S 180TH ST 101 5951 S 180TH ST 115 18161 SEGALE PARK B DR 18191 SEGALE PARK B DR 18200 SEGALE PARK B DR 18255 SEGALE PARK B DR 18260 SEGALE PARK B DR 18287 SEGALE PARK B DR 17855 SOUTHCENTER PKWY 17920 SOUTHCENTER PKWY 17950 SOUTHCENTER PKWY 18800 ORILLIA RD 5 5805 SEGALE PARK C DR 5811 SEGALE PARK C DR 18500 SOUTHCENTER PKWY 18700 SOUTHCENTER PKWY 18800 SOUTHCENTER PKWY 18270 SEGALE PARK B DR 18300 SEGALE PARK B DR 18325 SEGALE PARK B DR 18340 SEGALE PARK B DR 5835 SEGALE PARK C DR 6155 SEGALE PARK C DR 17501 SOUTHCENTER PKWY 100 17501 SOUTHCENTER PKWY 200 17501 SOUTHCENTER PKWY 300 17501 SOUTHCENTER PKWY 400 17555 SOUTHCENTER PKWY 301 MINKLER BLVD 5901 S 180TH ST 17601 SOUTHCENTER 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ACTIVE -MI None ADDR-123!ACTIVE-Mt None ADDR-123! ACTIVE-ML None ADDR-123! ACTIVE-ML None ADDR-123!ACTIVE-MI None ADDR-123!ACTIVE-Mt None ADDR-124( ACTIVE -Mt None ADDR-1241ACTIVE-ML None https://gc2-excel.gov.online.office365.us/x/ layouts/xlprintview.aspx?&NoAuth=1&sessionld=12.6efd9dd169dc1.A270.1.E187.httD%3A%2F%2Ftier0%3Fid%3Dhttos%253A%252F%252Ftukwilawa%252__. 1/4 7/25/2017 7888800400 7888800400 7888800400 7888800510 7888800535 7888800540 7888800560 7888800560 0222049017 3423049293 7888800080 0322049072 0322049025 2623049134 3423049034 7888800150 1840300181 7888800560 0222049008 3523049016 7888800200 7888800140 7888800070 0239000247 0222049036 3523049101 0322049061 3423049252 0322049020 Occupant Occupant Occupant Occupant Occupant Occupant Occupant Occupant O'CONNELL HERITAGE LLC PABILLON SIMEON C JR PCS PROPERTIES LLC PITTENGER FRED W PRIME BELVEDERE WEST LLC RAMOS PROPERTIES REYNOLDS STEVEN G ROBBINS HOLDINGS LLC ROBINSON MARILYNJ S KING CO ACTIVITY CENTER SEGALE PROPERTIES LLC SEGALE PROPERTIES LLC STRENG ASSOCIATES LLC STRESS-TEK INC TBI BUILDING L L C THOMPSON DOUGLAS D TUKWILA HISTORICAL SOCIETY UNION PACIFIC RAILROAD WESTERLUND MARGARET ROSE BI WU YONG XIE+LIYI FANG ZGRAGGEN ANTON JOSEPH+MARIE PROPERTY TAX Address Database - L17-00031 Segale Plat.xlsx 19018 62ND AVE 5 19032 62ND AVE S 19024 62ND AVE 5 60135194THST 5869 S 194TH ST 5851 S 194TH ST 19731 RUSSELL RD 5 19725 RUSSELL RD 5 20431 FRAGER RD S 18424 MILITARY RD S P 0 BOX 700 PO BOX 13303 PO BOX 360859 15735 AMBAUM BLVD SW 18430 MILITARY RD S 29100 HALL ST 5129 S 178TH 19731 RUSSELL ROAD S PO BOX 88028 5811 SEGALE PARK DR C 19311 RICHMOND BEACH DR 5920 S 194TH 6412S190THST 15018 SE 224TH ST 14475 59TH AVE 5 1400 DOUGLAS ST STOP #1640 22232 196TH AVE SE 18418 MILITARY RD S 4503 5 204TH ST KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA KENT WA SEATTLE WA MERCER ISLAND WA DES MOINES WA LOS ANGELES CA BURIEN WA SEATTLE WA SOLON OH SEATTLE WA KENT WA TUKWILA WA TUKWILA WA SHORELINE WA KENT WA KENT WA KENT WA TUKWILA WA OMAHA NE RENTON WA SEATAC WA KENT WA 98032 KC-AdddressPoints 98032 KC-AdddressPoints 98032 KC-AdddressPoints 98032 KC-AdddressPoints 98032 KC-AdddressPoints 98032 KC-AdddressPoints 98032 KC-AdddressPoints 98032 KC-AdddressPoints 98032 KCATable 98188 KCATable 98040 KCATable 98198 KCATable 90036 KCA Table 98166 KCA Table 98188 KCATable 44139 KCA Table 98188 KCATable 98032 KCATable 98138 KCATable 98188 KCATable 98177 KCATable 98032 KCATable 98032 KCATable 98042 KCATable 98168 KCA Table 68179 KCA Table 98058 KCATable 98188 KCATable 98032 KCATable NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA https://gc2-excel.gov.online.office365.us/x/ layouts/xi printview.aspx?&NoAuth=1 &session Id=12.6efd9dd 169dc1.A270.1.E 187.htto%3A%2F%2Ftier0%3Fid%3Dhttos%253A%252F%252Ftukwilawa%252_ _ . 4/4 7/25/2017 Address Database - L17-00031 Segale Plat.xlsx nnnnnn Iil C ['III [ nnnTU [T TI IVlklll A ,A/A florin, VI` AJJJ-..-..n...-.. MA MA MA 0222049017 Occupant 20405 FRAGER RD S KENT WA 98032 KC-AdddressPoints NA NA NA 0222049017 Occupant 20439 FRAGER RD S KENT WA 98032 KC-AdddressPoints NA NA NA 0222049052 Occupant 19826 RUSSELL RD 5 KENT WA 98032 KC-AdddressPoints NA NA NA 0239000247 Occupant 19835 ORILLIA RD 5 KENT WA 98032 KC-AdddressPoints NA NA NA 0239000300 Occupant 4420 S 200TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 0322049005 Occupant 19607 ORILLIA RD 5 KENT WA 98032 KC-AdddressPoints NA NA NA 0322049020 Occupant 4425 S 204TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 0322049021 Occupant 4255 S 204TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 0322049025 Occupant 3750 S 209TH PL SEATAC WA 98198 KC-AdddressPoints NA NA NA 0322049025 Occupant 20987 39TH WAY S SEATAC WA 98198 KC-AdddressPoints NA NA NA 0322049025 Occupant 20933 39TH WAY 5 SEATAC WA 98198 KC-AdddressPoints NA NA NA 0322049025 Occupant 20957 37TH PL 5 SEATAC WA 98198 KC-AdddressPoints NA NA NA 0322049025 Occupant 20995 37TH PL 5 SEATAC WA 98198 KC-AdddressPoints NA NA NA 0322049025 Occupant 20998 37TH PL 5 SEATAC WA 98198 KC-AdddressPoints NA NA NA 0322049025 Occupant 20973 38TH PL S SEATAC WA 98198 KC-AdddressPoints NA NA NA 0322049060 Occupant 4411 S 200TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 0322049061 Occupant 20123 ORILLIA RD S KENT WA 98032 KC-AdddressPoints NA NA NA 0322049062 Occupant 20230 ORILLIA RD 5 TUKWILA WA 98032 KC-AdddressPoints NA NA NA 0322049062 Occupant 4430 S 204TH ST TUKWILA WA 98032 KC-AdddressPoints NA NA NA 0322049072 Occupant 4301 S 200TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 0322049097 Occupant 4417 5 200TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 1840300181 Occupant 5129 S 178TH ST SEATAC WA 98188 KC-AdddressPoints NA NA NA 3523049010 Occupant 5126 S 178TH ST SEATAC WA 98188 KC-AdddressPoints NA NA NA 3523049036 Occupant 18400 SOUTHCENTER PKWY TUKWILA WA 98188 KC-AdddressPoints NA NA NA 3523049046 Occupant 17825 54TH PL S SEATAC WA 98188 KC-AdddressPoints NA NA NA 3523049068 Occupant 18801 SOUTHCENTER PKWY TUKWILA WA 98188 KC-AdddressPoints NA NA NA 3523049076 Occupant 17815 54TH PL S SEATAC WA 98188 KC-AdddressPoints NA NA NA 3523049087 Occupant 17601 SOUTHCENTER PKWY TUKWILA WA 98188 KC-AdddressPoints NA NA NA 3523049090 Occupant 5563 5 178TH ST TUKWILA WA 98188 KC-AdddressPoints NA NA NA 6600210250 Occupant 20301 59TH PL S KENT WA 98032 KC-AdddressPoints NA NA NA 6600210360 Occupant 20025 RUSSELL RD 5 KENT WA 98032 KC-AdddressPoints NA NA NA 7888800070 Occupant 62065190THST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800070 Occupant 6230 S 190TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800080 Occupant 60205190THST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800080 Occupant 5900 5190TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800080 Occupant 6004 S 190TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800100 Occupant 19039 62ND AVE S KENT WA 98032 KC-AdddressPoints NA NA NA 7888800100 Occupant 19017 62ND AVE 5 KENT WA 98032 KC-AdddressPoints NA NA NA 7888800100 Occupant 19201 62ND AVE 5 KENT WA 98032 KC-AdddressPoints NA NA NA 7888800130 Occupant 6040 S 194TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800131 Occupant 19221 62ND AVE S KENT WA 98032 KC-AdddressPoints NA NA NA 7888800131 Occupant 19219 62ND AVE S KENT WA 98032 KC-AdddressPoints NA NA NA 7888800132 Occupant 19241 62ND AVE 5 KENT WA 98032 KC-AdddressPoints NA NA NA 7888800132 Occupant 6150 S 194TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800140 Occupant 5920 5 194TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800150 Occupant 5866 S 194TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800155 Occupant 5872 S 194TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800155 Occupant 5870 S 194TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800155 Occupant 5868 S 194TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800180 Occupant 5844 S 194TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800190 Occupant 5820 S 194TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800190 Occupant 5810 S 194TH ST KENT WA 98032 KC-AdddressPoints NA NA NA 7888800200 Occupant 19713 58TH PL S KENT WA 98032 KC-AdddressPoints NA NA NA https://gc2-excel.gov.online.office365.us/x/ layouts/xionntview.asox?&NoAuth=1&sessionld=12.6efd9dd169dc1.A270.1.E187.htto%3A%2F%2Ftier0%3Fid%3Dhttos%253A%252F%252Ftukwilawa%252 _ 3/4 City of Tukwila Notice C)f Application Preliminary Plat Application for Tukwila South Properties Project Planner: Max Baker at 206.431.3683 or Max.Baker@Tukwilawa.gov File# L17-0031 Applicant: Mark Segale, Segale Properties Property Owner: Segale Properties Project Location: Tukwila South Project Description: New preliminary plat application for the properties commonly referred to as "Tukwila South." A previous preliminary plat approval was granted for the area on September 19, 2013. The new application looks to build off of this previously approved application with an updated proposal that aims to separate buildable from non -buildable areas, as well as to create a modified lot layout. Your written comments on the project are requested and can be delivered to Dept. of Community Development, 6300 Southcenter Blvd, Suite 100, Tukwila WA 98188. Comments must be received by 5:OOp.m. on August 9th, 2017. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the project planner listed above, or by visiting our offices Monday through Friday, 8:00am to 5:00 pm at DCD, 6300 Southcenter Blvd, Suite 100, Tukwila WA 98188. A Notice of Hearing will be sent following the finalization of a hearing date with the City's Hearing Examiner. City of Tukwila Notice Of Application Preliminary Plat Application for Tukwila South Properties Project Planner: Max Baker at 206.431.3683 or Max.Baker@Tukwilawa.gov File# L17-0031 Applicant: Mark Segale, Segale Properties Property Owner: Segale Properties Project Location: Tukwila South Project Description: New preliminary plat application for the properties commonly referred to as "Tukwila South." A previous preliminary plat approval was granted for the area on September 19, 2013. The new application looks to build off of this previously approved application with an updated proposal that aims to separate buildable from non -buildable areas, as well as to create a modified lot layout. Your written comrnents on the project are requested and can be delivered to Dept. of Community Development, 6300 Southcenter Blvd, Suite 100, Tukwila WA 98188. Comments must be received by 5:O0p.m. on August 9th, 2017. You may view the application, request a copy of any decision, comment on the project, and learn your appeal rights by contacting the project planner listed above, or by visiting our offices Monday through Friday, 8:00am to 5:00 pm at DCD, 6300 Southcenter Blvd, Suite 100, Tukwila WA 98188. A Notice of Hearing will be sent following the finalization of a hearing date with the City's Hearing Examiner. City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 ADDR-00025 Occupant 18205 ANDOVER PARK W TUKWILA WA 98188 City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 ADDR-00026 Occupant 18221 ANDOVER PARK W TUKWILA WA 98188 0400 TO: Building City of Tukwila Department of Community Development File Number L17-0031 LAND USE PERMIT ROUTING FORM Planning Public Works Fire Dept. Police Dept. Parks/Rec Project: Tukwila Sout Preliminary Plat Address: APN 3523049034 Date 6/29/2017 transmitted: Response 7/13/2017 requested by: Staff Max Baker coordinator: Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60-day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed) Plan check date:7_, , --- CommentsUpdate date: prepareddb by: 0400 TO: Building City of Tukwila Department of Community Development RECEIVED JUN 29 2017 File Number L17-0031 TUKWILA LAND USE PERMITP gaNG FORM Planning Public Works [1Fire Dept. Police Dept. Parks/Rec Project: Tukwila Sout Preliminary Plat Address: APN 3523049034 Date transmitted: 6/29/2017 Response requested by: 7/13/2017 Staff coordinator: Max Baker Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED deveropment regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60-day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) V4,n4; ;.0 ho . ozz/01- Yemr.reol vet,.. .5 tTZ 1=.f114 - Shq. ! 0 4! /3 , S `rxvt_7-r) atm ��is/ram Plan check date: Comments Update date: prepared by: MEMORANDUM TO: City of Tukwila Department of Community Development FROM: DATE: RE: Mark Segale June 15, 2017 Tukwila South Preliminary Plat (L17-0031) RECEIVED JUN162017 Community Development To aid the City of Tukwila in its review of the Segale Properties LLC Tukwila South Preliminary Plat Application (L17-0031), submitted on June 9, 2017, below please find a detailed list of changes made to the aforementioned Plat since the original Preliminary Plat (L12-027) was submitted and accepted in 2013. Tukwila South Preliminary Plat Plan Set Overall Notes for Preliminary Plat Plan Set: o Miscellaneous corrections were made to the Plat including but not limited to readability and consistency of fonts, line weights, and call outs. o Specific changes made by Plan Sheet are listed below (the "List") with each individual change being denoted by a number succeeded by the letter 'A' (the "Call -Out") to represent corrections/changes made to the current Plat (L17-0031) since the approval of Preliminary Plat (L12--027) in 2013; combined with the 2015 revision submittal and everything to present day. o As part of the City of Tukwila's review of minor modifications to Preliminary Plat L12-027 in January 2015, the City created the 2015 Tukwila South Preliminary Plat Plan Set Matrix, which is attached to assist with your review. Segale has added a new column to the Matrix to show how each item on the Matrix has been addressed in the current Plat (L17-0031). In the new column, each item on the Matrix references the Call -Out on the List below. Sheet 1 • 1A - Site Data, Tax Parcel No.'s removed: • 022204-9057 per BLA L16-0046, Recording No. • 032204-9106 per BLA L16-0046, Recording No. • 032204-9056 per BLA L16-0075, Recording No. • 032204-9062 per BLA L16-0075, Recording No. • 352304-9019 per BLA L16-0070, Recording No. • 352304-9109 per BLA L16-0070, Recording No. 20161024900004 20161024900004 20170501900005 20170501900005 20170605900032 20170605900032 Page 1 of 8 • 352304-9032 per BLA L15-0023, Recording No. 20150716900001 • 352304-9124 per BLA L17-0004, Recording No. 20170605900031 • Site Data: • 2A - Site Area Total Acres changed to reflect changes made to the Plat ■ 3A - Total Lots and Total Acres changed to reflect changes made to the Plat ■ 4A - Private Road Tracts Total Area changed to reflect changes made to the Plat • 5A - Non -Buildable Tracts quantity changed to 1 under Site Data per BLA L17-0004, Recording No. 20170605900031 • Changed "Natural Buffer Tracts" to "Non -Buildable Tracts" • Changed the Total Area to reflect changes made to the Plat ■ 6A - Original "Reserve Drainage Tracts" changed to "Regional Detention Tracts" and changed the Total Area to reflect changes made to the Plat ■ 7A - Sensitive Area Tracts Total Area changed to reflect changes made to the Plat ■ 8A - Open Space Tract Total. Area changed to reflect changes made to the Plat • Due to the removal of the Original Open Space Tract 1 per BLA L15-0023, Recording No. 20150716900001, the remaining Open Space Tracts were renumbered to quantity 2 ■ 9A - Average Lot Size Acres changed to reflect changes made to the Plat • 10A - Adjoining Parcels: ■ 352304-9014 was changed from GM Realty LLC to GWI Tukwila Realty LLC • 352304-9081 was changed from GM Realty LLC to GWI Tukwila Realty LLC • 022204-9106 was added (Puget Sound Energy) ■ 262304-9096 was added (Castello Land Co.) ■ 032204-9049 was added (Drainage District 2 of King Co.) ■ 032204-9062 was added (Segale Properties LLC) ■ 352304-9033 was added (Segale Properties LLC) ■ 352304-9037 was added (King County Solid Waste) ■ 352304-9109 was added (Segale Properties LLC) ■ 352304-9112 was added (LIT Industrial LTD. Partnership) • 352304-9115 was added (Segale Properties LLC) • 352304-9119 was added (LIT Industrial LTD. Partnership) • 352304-9124 was added (Segale Properties LLC) Page 2 of 8 • 032204-9017 was deleted • 032204-9020 was deleted • 032204-9021 was deleted • 032204-9022 was deleted • Legend: • 11A — Added Century Link Easement, Recording No. 2014100200498 to the Legend and all subsequent sheets • 12A - Added Pedestrian Trail Easement, Recording No. 20150716000578 to the Legend and all subsequent sheets. • 13A - Added River Protection Easement, Recording No. 20150616000300 to the Legend and all subsequent sheets. • 14A - Added Comcast Easement, Recording No. 20141121001572 to the Legend and all subsequent sheets. • Sheet Index: • 15A - Updated Sheet 8 to say, "Plat — Lot 7" to reflect changes made to the Plat • 16A — Updated Sheet 12 to say, "Legal Descriptions" to reflect changes made to the Plat • 17A — Deleted previous Sheet 13, "Overall Site Legal Description" at the request of Surveyor of Record • 18A — Updated current Sheet 13 to say, "General Notes/Section Subdivision Data" to reflect changes made to the Plat *NOTE* - Changes to the overall Plat map on Sheet 1 are called out on the specific Plat Sheets 2-8 Sheet 2 • 19A - Renumbered Lots 1 and 2 for consistency • 20A - Removed Lot 43 from the Plat per BLA L16-0070, Recording No. 20170605900032 • 21A — Reconfigured Lots 41, 42, RD1 per BLA L13-005, Recording No. 20130227900005 and all subsequent sheets • 22A — Reconfigured south boundary lines of Lot 2 per BLA L16-0070, Recording No. 20170605900032 • 23A — Reconfigured northwest boundary line of Lot RD1 per BLA L16- 0070, Recording No. 20170605900032 • 24A — Added fully constructed S. 184th Pl. and to all subsequent sheets. Sheet 3 • 25A - Deleted Lot NBT2 per 5A above • 26A - Reconfigured east boundary line of Lots 3 and 4 per BLA L15- 0023, Recording No. 20150716900001 • 27A — Reconfigured Lots 5, 6, 7 & Segale Park Drive C. per BLA L15- 0005, Recording No. 2015031890001 and to all subsequent sheets • 28A - Added City of Tukwila Wetland Mitigation Agreement, Recording No. 20151106000557 and to all subsequent sheets Page 3 of 8 • 29A - Added City of Tukwila Declaration of Land Use Restriction and Real Property Covenant, Recording No. 20151012000082 and to all subsequent sheets • 30A - Added "B" Line Tukwila R.Q.W. Recording No. 20150716000577 and to all subsequent sheets Sheet 4 • 31A - Renumbered Lots 38, 39, 44, and 45 to 36, 37, 38 and 39 for consistency • 32A - Added PSE Easement, Recording No. 20150108000624 and to all subsequent sheets Sheet 5 • 33A - Removed Lot 46 per BLA L16-0046, Recording No. 20161024900004 • 34A - Renumbered Lots 36, 37, 46, and 38 to 34, 33, 35 and 36 for consistency • 35A - Per 8A above, renamed Open Space Tract 3 to Open Space Tract 2 Sheet 6 • 36A - Removed previous Lots 29 and 30 per BLA L16-0075, Recording No. 20170501900005 • 37A - Renumbered Lots 31, 32, 33, 34 and 35 to 33, 32, 31, 30 and 29 for consistency Sheet 7 • 38A - Per 8A above, renamed Open Space Tract 2 to Open Space Tract 1 • 39A - Changed BLA L12-011, Recording No. 20130108900003 wording to King County Drainage Dist. • 40A - Renumbered Lot 31 to Lot 33 for consistency Sheet 8 • 41A - Per 8A above, Open Space Tract 1 was removed from the Plat Sheet 9 • 42A — Removed the legal descriptionfor parcel 032204-9056 per BLA L 16-0075, Recording No. 201705017900005 • 43A — Removed the legal description for parcel 032204-9062 per BLA L 16-0075, Recording No. 201705017900005 • 44A — Removed the legal description for parcel 032204-9106 per BLA L16-0046, Recording No, 20161024900004 Page 4 of 8 • The following parcel legal descriptions were updated to reflect the changes per BLA L16-0046, Recording No. 20161024900004 • 45A - 022204-9011 • 46A - 022204-9043 • 47A - 022204-9057 • 48A - 032204-9006 • 49A - 032204-9047 • 50A - The legal description for parcel 032204-9093 was updated to reflect the changes per BLA L16-0075, Recording No. 201705017900005 Sheet 10 • 51A - The legal description for parcel 352304-9013 was updated to reflect the changes per BLA L16-0070, Recording No. 20170605900032 • 52A - The legal description for parcel 352304-9015 was updated to reflect the changes per BLA L15-0005, Recording No. 20150318900001 • 53A — Removed the legal description for parcel 352304-9019 per BLA L16-0070, Recording No. 20170605900032 • 54A — Removed the legal description for parcel 352304-9125 per BLA L17-0004, Recording No. 20170605900031 Sheet 11 • 55A — Removed the legal description for parcel352304-9032 per BLA L15-0023, Recording No. 20150716900001 • 56A — Removed the legal descriptionfor parcel 352304-9109 per BLA L 16-0070, Recording No. 20170605900032 • 57A — Removed the legal description for parcel 352304-9124 per BLA L 17-0004, Recording No. 20170605900031 • 58A - The legal description for parcel 352304-9034 was updated to reflect the changes per BLA L17-0004, Recording No. 20170605900031 • 59A - The legal description for parcel 352304-9036 was updated to reflect the changes per BLA L15-0005, Recording No. 20150318900001 • 60A - The legal description for parcel 352304-9090 was updated to reflect the changes per BLA L16-0070, Recording No. 20170605900032 Sheet 12 • 61A - The legal description for parcel 352304-9116 was updated to reflect the changes per BLA L15-0023 • 62A - The legal description for parcel 352304-9118 was updated to reflect the changes per BLA L15-0023 Sheet 13 • 63A - Revised note 1 on sheet 13 to reflect "City of Tukwila Grading Permit PW 10-064" • 64A — Revised title of note 2 on sheet 13 to reflect "Native Growth Protection Areas — Sensitive Area Tracts Page 5 of 8 Tukwila South Preliminary Plat Preliminary Engineering Plans by Goldsmith Overall Notes for Preliminary Engineering Plan Set: o The Engineering Plan set base maps have been updated to reflect changes made to the Plat (L17-0031). o Specific changes made by Plan Sheet are listed below (the "List") with each individual change being denoted by a number succeeded by the letter `B' (the "Call -Out") to represent corrections/changes made to the current Plat (L 17-0031) since the approval of Preliminary Plat (L12-027) in 2013; combined with the 2015 revision submittal and everything to present day. o As part of the City of Tukwila's review of minor modifications to Preliminary Plat L12-027 in January 2015, the City created the 2015 Tukwila South Preliminary Plat Plan Set Matrix, which is attached to assist with your review. Segale has added a new column to the Matrix to show how each item on the Matrix has been addressed in the current Plat (L17-0031). In the new column, each item on the Matrix references the Call -Out on the List below. Cover • 1B — Deleted Sheets SD-N1 — SD-N8 to reflect completed North Pond and associated storm piping • 2B — Deleted Sheets Cl, C2, C3, C4 to reflect completed streets and utilities • 3B — Renumbered prior Sheets C5, C6, C7 to Cl, C2, C3 as a result of 2B above. EX • 4B — Updated K.C. GIS Data date to December 2014 in Notes #3 to reflect current data information and to all subsequent sheets 1 • 5B — Updated RD1 under the Legend to read "Regional Detention Tract" and to all subsequent sheets • 6B — Updated Note 1 wording to include "City of Tukwila PW10- 064" • 7B — Updated Base Data date to Dec. 2014 in Notes #1 to reflect current data information and to all subsequent sheets UT-1 • 8B — Updated Lot 2 utility stubs per as -built conditions • 9B — Updated "Private Road 1" to say, "Private Road and Utilities Tract 1" and to all subsequent sheets Page 6 of 8 UT-2 • 10B — Deleted prior Lots 29 & 30 and to all subsequent sheets to reflect changes made to the Plat • 11B — Updated "Private Road 2" to say, "Private Road and Utilities Tract 2" and to all subsequent sheets SD-1 • 12B — Separated Lot 17 existing storm pipes to clarify 2 pipes exist • 13B — Updated completed North Storm Pond and piping SD-2 • 14B — Updated Lot 21 to show existing storm piping • 15B — Updated Lots 32, 33, 35 to show existing storm piping GR-1 • 16B — Updated Finished Grading note to reflect current status of the project and to all subsequent sheets GR-3 • 17B — Removed structures and updated roadway dimensions to reflect changes made to the Plat • 18B — Updated Details "B" and "E" to correct dimensions to roadway • 19B — Updated prior Lot 1 in Detail "E" to Lot 2 to reflect changes made to the Plat ACC-1 • 20B — Removed Access Point along S. 184th Pl. to reflect changes made to the Plat • 21B — Added Access Points for Lots 38, 39, 40 ACC-2 • 22B — Added prior omitted Access Point along Orillia Rd. S. C-1 • 23B — Updated Sheet name from "Storm and Utility Connection From Lots 29 — 32" to "Storm and Utility Connection From Lots 26 — 28" to reflect changes made to the Plat C-2 • 24B — Updated Sheet name from "Private Access For Lots 11 — 18" to "Private Access for Lots 9 — 16" to reflect changes made to the Plat • 25B — Added driveways for Lots 11 & 14 Page 7 of 8 C-3 • 26B — Updated Sheet name from "Private Access For Lots 24 — 27" to "Private Access For Lots 22 — 25" to reflect changes made to the Plat Page 8 of 8 TUKWILA SOUTH PROJECT Permits RECEIVED JUN 0920 Community Development Jurisdiction Permit Issue Date Army Corp 404 Permit #NWS2004-01358 04/06/11 Tukwila, City of Development Agreement 06/10/09 Tukwila, City of Sensitive Area Master Plan Revised Decision 12/29/10 Tukwila, City of Shoreline Substantial Development Permit 09/02/10 Tukwila, City of Shoreline Grading Permit #P W 10-064 04/29/11 Tukwila, City of Site Grading Permit #PW10-063 Revised 05/15/12 Tukwila, City of Vacant House Demolition Permit #D17-0066 04/25/17 WA State Dept. of Ecology 401 Water Quality Cert Order #2877 Revised 03/04/11 WA State Dept. of Ecology CZM #200401358 03/15/11 WA State Dept. of Ecology Dam Safety Project 05/02/11 WA State Dept. of Ecology NPDES General Permit #WAR011880 12/01/10 WA State Dept. of Fish & Wildlife HPA 02/22/12 WA State Dept. of Fish & Wildlife Biological Opinion 10/29/07 WA State Dept. of Fish & Wildlife Biological Evaluation 01/07/05 WA State Dept. of Natural Resources Aquatics Use Permit 07/16/12 WA State Dept. of Natural Resou rces Forest Practice Permit 05/03/11 June 6, 2017 Serving the Southwest Metropolitan Area since 1€ 40, June 28, 2012 Mark Segale Segale Properties 5811 Segale Park Drive C Tukwila, WA 98188 Re: Highline Water District - Tukwila South Available Fire Flow Dear Mark, Highline Water District is nearing completion of the Southcenter Parkway Extension Project. The project includes the installation of approximately 10,900 LF of 16-inch and smaller diameter water mains and will help to support future development in the Tukwila South Area. Though general in nature, the District will be able to provide an available fire tlow of 3,000 gpm at 20 psi residual along the Parkway. In many cases, fire flows up to 8,000 gpm are available depending on the specific location along the Parkway. The District installed several 8" and 12" lateral mains along the Parkway for future connection points to avoid open cutting the new road. Development proposals will require a Developer Extension Agreement and a Certificate of Water Availability. At that time of a specific proposal, the District can assist your engineer to determine the required size of water mains throughout the development. In addition, the District will be able to provide a more specific estimate of fire flow and proposed connection fees. If you have any questions or require additional information, please do not hesitate to call me at 206-592-8904 Sincerely, Jey S. DelMar, PE Engineering and Operations Manager JSD/pd Cc file REC ".i°ED JUN o tall Corr, -11Unity 23828 - 30th Ave. S. • P.O. Box 3867 • Kent, WA 98032 • (206) 824-0375 / FAX: (206) 824-0806 A LIMITED LIABILITY COMPANY COMMERCIAL • INDUSTRIAL • AGRICULTURAL • NATURAL RESOURCES June 7, 2017 Jack Pace DCD Director Department of Community Development City of Tukwila 6300 Southcenter BLVD Tukwila, WA 98188 RE: Tukwila South Preliminary Plat Dear Jack, RECEIVED JUN 09 201/ Community Development We are submitting for your review a new preliminary plat application for the property commonly referred to as "Tukwila South." As mentioned in our recent discussions, Segale Properties LLC ("Segale") sought to process a minor modification to the City's September 19, 2013 preliminary plat approval so as to remove certain lands and update other details. The City determined that no such process existed, resulting in this request that the City process and approve a new preliminary plat. Our goal remains to separate buildable from non -buildable areas and to create a new lot layout. The preliminary plat process is a logical step in the ultimate development of the Tukwila South Project. At this time, we are not proposing to develop any of the proposed lots, and as such we do not have site -specific access, parking or building arrangements. Such information will be provided during future permitting actions. Consistent with the process used for the 2013 preliminary plat approval (Project File No. L12- 027), and TMC 18.104.010.3, the new preliminary plat will be processed as a Type III application, heard by the City Hearing Examiner. The application package includes the following materials: a. Preliminary Plat Application & Narrative (1 copy) b. Preliminary plat survey drawings (4 copies and 1 reduced set) c. Preliminary plat civil drawings (4 copies and 1 reduced set) d. Title Report (1 copy and 1 electronic copy on USB drive) e. Highline Water District Water Availability Letter (1 copy) f. Check for application fee PO BOX 8 8 0 2 8 • TUKWILA, WA 9 8 1 3 8 • 5 8 1 1 SEGALE PARK DRIVE C • TUKWILA, WA 98188 P 2 0 6. 5 7 5. 2 0 0 0 • F 2 0 6. 5 7 5. 1 8 3 7 • www.segaleproperties.com The following documents support this preliminary plat application, but are already in the City's possession. Additional copies of these documents will be provided upon request: a. Tukwila South Master Plan b. Tukwila South Final Environmental Impact Statement (Issued 7.5.05) c. Tukwila South Sensitive Areas Master Plan (Issued 12.29.10) d. Technical Information Report for Tukwila South Master Stormwater Infrastructure Plan, prepared by Goldsmith (dated March 2011) As described in the narrative accompanying this new application, during review, the existing approved preliminary plat will remain in effect. When the new plat is approved, it will replace the earlier approved plat. Please contact me if you have any questions or need additional information for your review. Very truly yours, SEGALE PROP_. RTIES LLC Mark A. Seg.le rt Tukwila South Project �a une 2017 Subdivision — Preliminary Plat Application E JUN092011 REVIEW CRITERIA Community Oeveiopment An application for Preliminary Plat approval is processed under TMC 18.104.010.3, as a Type III application, and is required to address the City of Tukwila's review criteria. This Project Narrative addresses compliance with Title 17.14 of the Tukwila Municipal Code (TMC), specifically TMC 17.14.020 (D) "Criteria for Preliminary Plat Approval" as follows: 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. INTRODUCTION TO THE PROJECT The Tukwila South Preliminary Plat (the "Plat") is the process by which lands within the Tukwila South Master Plan (the "Master Plan") will be divided into developable lots and sensitive area and utility tracts. The Plat was designed consistent with the Master Plan and the approved Grading Plans (PW 10-063 and PW 10-064), Sensitive Area Master Plan (L10-014) and Shoreline Substantial Development Permit (L10-025). Subdividing the Tukwila South property is the logical approach to creating buildable lots, identifying infrastructure to serve the lots and separating useable property from sensitive areas. This Plat is proposed somewhat out of the ordinary order course for site development; typically, preliminary plat approval is granted prior to issuance of a grading permit or construction of infrastructure improvements. Here, many of the necessary permits have already been issued, much of the infrastructure is already in place and the decision regarding the type and intensity of development has already been made (see the Page 1 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application Development Agreement and Master Plan). Given that the type and intensity of development of the land has been agreed to, and that the majority of the infrastructure is either already in place or planned, the Plat clearly complies with RC\N 58.17. The primary purpose of submitting this Plat is simply to create new legal lots in one uniform process, rather than incrementally processing a number of lot line adjustments. The preliminary plat is a more efficient process for the City of Tukwila (the "City") and Segale Properties LLC ("Segale"), and it should make the Tukwila South Project (the "Project") easier to market to potential users. As previously stated, much of the infrastructure needed to serve the Plat has been installed and the permits allowing the construction of additional improvements have been issued. A list of permits that have been issued for the Project is included herewith. Work on the Project commenced in 2010 with site grading and construction of the new Southcenter Parkway. The backbone infrastructure for the Plat has already been completed, including: the extension of Southcenter Parkway from S. 180th St. to S. 200th St., water and sewer main in the Southcenter Parkway right-of-way, stormwater facilities (including the regional north and south stormwater facilities and associated outfalls), and underground electric and gas transmission lines. The site grading permit authorizes Segale to fill the site to the final elevation identified on the Plat, which is above the 100 — year base flood elevation ("BFE") identified in the DFirm issued by FEMA in 1995. The Plat will require the construction of two private access roads; one to serve Tots 9-16 located in an area commonly referred to as the "horseshoe" which is approx. 45 acres located on a bend in the Green River, the other to serve lots 22-24 located at the south end of the Project. Storm, sanitary sewer and water will be extended in the new private access roads, as well as to lots 34 & 35 and 38 & 39. The property has been 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. The Plat also includes one (1) non -buildable tract. The non -buildable tract is a small portion of property that is separated from other Tots by a sensitive area and for which access and utilities are not readily available. Segale has elected to identify this property as a non -buildable tract that may be developed at some point in the future should the opportunity to extend access and utilities arise. The difference between a non -buildable tract and a lot is that a lot will be served by all necessary utilities and can be built on, whereas a non -buildable tract has to go through further permitting after the appropriate infrastructure is in place in order to become a buildable lot. The concept of non -buildable tracts has been routinely used by King County. The primary consideration in designing the lot configuration within the Pat was the design of the newly constructed Southcenter Parkway extension. The new roadway was designed with seven intersections providing east/west access to the adjoining property. Parcel boundaries were located to allow for each intersection to provide access to a minimum of two lots. The location of sensitive areas was also a consideration in lot design and resulted in some irregular shaped Tots with sinuous lines rather than the Page 2 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application traditional square and rectangle shapes. The hillside topography also factored in to the lot layout with lot boundaries following the grades as set forth in the approved grading plan. HISTORY AND MINOR MODIFICATIONS TO PRELIMINARY PLAT Segale previously applied for and, on September 19, 2013, the City Hearing Examiner approved a preliminary plat very similar to the application now being submitted. Segale sought to process minor modifications to that originally approved preliminary plat, but teamed that the City does not currently have adopted code provisions authorizing the processing of minor, or even major, modifications to an approved preliminary plat. Accordingly, in order to address changes in the real estate environment that occurred since 2013, especially to remove certain lands from the original 2013 plat approval, the City asked Segale to apply for a new preliminary plat. Segale files this new application with the understanding that the 2013 preliminary plat approval will continue to remain effective until the subsequent approval of this new Preliminary Plat application, including the passage of any available appeal period for the new preliminary plat. Segale expects to ground lease all or substantial portions of the lands to be platted to one or more developers or campus owners. Because a future ground lessee may want to make minor changes to the preliminary plat, and because the City still lacks a preliminary plat modification process, Segale asks that a condition be imposed on this new preliminary plat approval that authorizes the Community Development Director to administratively approve minor modifications to the preliminary plat, as an administrative Type I decision, including modifications of any nature which: (i) result in fewer lots or loss of land area, and do not increase the number of lots in the subdivision beyond the number previously approved; (ii) do not decrease the aggregate area of open space in the subdivision by ten percent (10%) or more; (iii) may realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street from the plat; and (iv) which are consistent with applicable development standards. COMPLIANCE WITH RCW 58.17 RCW 58.17 stipulates that plats may be approved only if appropriate provisions are made for public health, safety, and general welfare, open spaces, drainage ways, streets or roads, alleys, or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and whether the public interest will be served by the subdivision. The City and Segale addressed many of these requirements when the Master Plan and Development Agreement were approved. As discussed elsewhere in this narrative, the water and sewer purveyors have determined adequate capacity is available to serve the Plat, and appropriate provisions have been made, or are planned, with respect to infrastructure to actually provide water, sewer and surface water control within the Plat. Surface water control facilities include two new detention/water quality facilities and a primary trunk storm drain. Open spaces are a vital component of the Project, with approximately 75 acres of open space within the Plat and an additional 37 acres outside the Plat, within the Project boundary. Page 3 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application With regard to traffic, the Plat includes two new private access roads which, together with the completed the Southcenter Parkway extension, will result in each lot having paved access to a public street. Additionally, the City previously determined that traffic impacts resulting from the Project can be adequately mitigated, and concurrency standards will be met, by payment of traffic impact fees and the construction of a new "Orillia Road Connector." Likewise, the City's adopted fire impact fee ordinance will apply to all new construction within the Plat and fire hydrants will be located as appropriate. As for park and recreation facilities, the City does not have recreation space standards applicable to commercial development. However, a trail will run the length of the Green River levee and, consistent with the terms of the Development Agreement, the City and Segale will identify appropriate locations for easements that allow public access to the trail from Southcenter Parkway. TUKWILA COMPREHENSIVE PLAN & CITY ADOPTED PLANS COMPREHENSIVE PLAN The Tukwila Comprehensive Plan includes a section devoted to Tukwila South. The vision for the area, as set forth in the Comprehensive Plan includes the following statement: "this area represents an outstanding opportunity to create major new employment, commercial, and residential area." The uses identified in the Master Plan, and in this Plat application, are consistent with the Comprehensive Plan vision statement. The Comprehensive Plan also contemplates that a Master Plan should be required prior to any significant land altering within the Tukwila South subarea; a master plan has been approved and this Plat implements it. TUKWILA SOUTH MASTER PLAN Segale intends to develop the property consistent with the City's Master Plan as adopted with the Development Agreement dated June 10, 2009, between Segale and the City (Ordinance 2233). It is anticipated that development will proceed largely through a future ground lessee. The Master Plan covers the ±400-acre property as described above and provides the framework for its future development. The Tukwila South Overlay ("TSO") zone allows a variety of uses and the potential future uses and location of such uses were identified in the Master Plan. The design, shape and orientation of the proposed lots in the Plat are appropriate for a variety of potential uses across the large site. To encourage pedestrian activity Segale requested that the sidewalks along Southcenter Parkway be constructed 10-feet in width rather than the City's 8-foot standard design. In addition, the lots are laid out such that smaller lots, more appropriate for retail uses, are located at intersections and along Southcenter Parkway, where they will receive the higher degree of visibility and where they are readily accessible by pedestrians. Page 4 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application One of the primary tenants of the Master Plan is multi -use and, as stated in the Master Plan, "A development strategy that emphasizes multiple uses will increase the rate of development and create a more desirable environment for each use." The proposed Plat has a lot configuration that will foster the multi -use principle. The lot configuration creates districts wherein larger lots more appropriate for larger campus style office development are mixed with smaller lots more appropriate for land uses related to good and services such as retail and restaurant uses. The largest lots are located in the central and southern portions of the site which will serve as the campus development's core. The northern and southem-most ends of the project are the gateways to the development and those areas have been divided into smaller lots that can be developed into a variety of retail, hotel or residential uses. It is anticipated that residential uses will be located on the hillside at the southem and northern end of the site to take advantage of the views, though market forces may create a need for residential areas being mixed into the campus developments located along the edge of the Green River. The first phase of the Master Plan involves clearing and grading the entire developable area of the site and construction of infrastructure necessary to serve future development, including roads, utilities, and regional stormwater facilities. Many of the goals of the Master Plan have already been achieved. For example, construction of Southcenter Parkway is complete, construction of the regional stormwater detention facilities and temporary stormwater ponds is complete, mass grading has commenced, a new fish -friendly tributary and flap gate has been constructed for the Johnson Creek ditch, restoration of a 32-acre wetland complex has been completed and wetland creation and buffer enhancement of the Green River Off -channel Habitat has been finished. As required under the previously issued permits, monitoring and maintenance of these mitigation, habitat and enhancement areas is on -going. Each of these projects is a step forward in achieving the long-term vision of cohesive development of Tukwila South. SENSITIVE AREA MASTER PLAN To facilitate development of the Project, the City approved a Sensitive Area Master Plan (the "SAMP"), City project file number L10-014. The SAMP allowed Segale to develop an area -wide plan for alteration and mitigation of sensitive areas that results in improvements to water quality, fish and wildlife habitat and hydrology beyond those that would occur through the strict application of the provisions of TMC 18.45, the City's sensitive areas regulations. The sensitive areas and their corresponding buffers identified as "Native Growth Protection Areas" will be permanently protected with protection easements recorded against such property. This Plat allows Segale to distinguish sensitive areas from buildable areas by creating separate sensitive area tracts. The sensitive area tracts set forth in the Plat include the sensitive areas and their buffers as identified by the SAMP, therefore no additional buffer is necessary. Page 5 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application SHORELINE MASTER PROGRAM The Project is consistent with the City's Shoreline Master Program and implements the City's goal of developing a riverfront trail system. The Project is within the Urban Conservancy Environment where a 125-foot setback is generally applicable. Segale has received a shoreline substantial development perrnit and a shoreline grading permit that allows re -construction of portions of the Green River levee system consistent with the City's minimum levee profile which allows for a reduction in the shoreline setback. The new levee includes an 18-foot-wide top, which allows for a future City trail and a mid - slope bench that can be planted. The approved shoreline grading permit and shoreline substantial development permit allow construction of the levee, the off -channel habitat area and grading in order to increase grades to the proposed elevations identified on the Plat. The Project is consistent with the goals and polices of the Shoreline Master Program; the construction of the off -channel habitat area, the levee-layback and improvements to Johnson Creek all promote vegetation conservation and enhancement, restore shoreline ecological functions and preserve water quality. Furthermore, the Project will result in the redevelopment of an underutilized area in a manner that minimalizes shoreline impacts as contemplated by the Shoreline Master Program. RELEVANT SUBDIVISION AND ZONING ORDINANCES Tukwila South Overlay Zoning District (TMC 18.41) The Project properties have underlying zoning designations that include Tukwila Valley South ("TVS"), Mixed Use Office ("MUO") and Low Density Residential ("LDR"); however, the TSO district applies to all the properties. The TSO contains the development regulations and guidelines that apply to the property. The stated purpose of the TSO district is to encourage innovative uses, sites and comprehensive planning of large land parcels through a master plan. The Project, will accommodate long-term development of a maximum of 10.3 million square feet of mixed uses, including campus office, research environments and districts, retail, residential, hotel and recreational. The large-scale campus area would be positioned to support national and international companies specializing in emerging technology industries that have a need for a "campus" setting with expansion opportunities, a range of supporting retail, residential, hotel and recreational uses, and adjacent amenities. Prescribed development standards for non-residential uses are provided at TMC 18.41.090 — Basic Development Standards. Future development of individual lots and proposed uses will comply with the TSO Zoning district. Therefore, this proposal complies with this criterion. Page 6 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application State Environmental Policy Act (SEPA) In 2005, the City issued a Final Environmental Impact Statement ("FEIS") under SEPA for the Project. The FEIS analyzed the potential impacts associated with the Project, assuming full build -out of 10.3 million square feet of mixed uses generating a maximum of 10,144 net new PM peak hour trips. As the City has already completed environmental review for the Project, and this Plat fits within the envelope of the prior FEIS, no additional SEPA review is required for the Plat. Pursuant to section 6.1 of the Development Agreement, no additional SEPA review is necessary for implementing approvals, which expressly include plats provided that the implementing approval does not materially exceed the Project Envelope. The proposed uses, trip generation and gross floor area of development is within the range of development analyzed by the SEPA documents, therefore this Plat application does not exceed the Project Envelope. The City has the option of adopting the FEIS as permitted in TMC 21.04.230 and WAC 197-11-600, but no SEPA-related public comment period is necessary. ROAD IMPROVEMENTS & UTILITIES ROAD IMPROVEMENTS The City issued a FEIS that analyzed the probable impacts resulting from development of the Master Plan. The FEIS included a Transportation Impact Analysis ("TIA"). The City determined that transportation impacts would be adequately mitigated by Segale (1) dedicating land for the Southcenter Parkway project, the main north -south corridor serving the Project area; (2) when development generates 7,500 net new trips, constructing the Orillia Road Connector; and (3) paying transportation impact fees. Southcenter Parkway provides connection to Interstate 5 and Interstate 405 to the north and Interstate 5 to the south via Orillia Road. The newly constructed S. 184th PI. now connects to S. 178th St. to the west at the City limit and to Southcenter Parkway to the east creating access points to lots 1 & 2. Southcenter Parkway was designed and constructed with a limited number of road stubs for future east -west connections to serve future development. A primary consideration in the lot layout for this Plat was the connections to Southcenter Parkway. It is anticipated that specific designs to accommodate vehicular circulation within each new lot will be determined during future Land Use Permit Processes for Site Plan review. The private streets will be designed according to City standards with 28-feet of paved roadway and a 40-foot easement. Access to future lots will be provided via private roads and existing public rights -of -way. Access points are shown on sheets ACC-1 and ACC-2. Segale is proposing to construct two commercial private access roads located on Access Tracts 1 & 2. TMC 17.20.030(C)(5)(e) and the City Infrastructure Design and Construction Standards Page 7 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application (Section 4.1) expressly allow private streets when the streets serve commercial and industrial subdivisions or residential subdivisions when the street serves no more than four lots. Private dead-end streets over 200 feet in length are required to provide a cul- de-sac. The first commercial private access road will extend 1200' to the east from the 19000 Block intersection on Southcenter Parkway and will serve eight lots. Sewer, water, storm sewer, power, gas, and communications systems will be constructed as part of the private road and will connect to the Southcenter Parkway systems (see Utilities below). The road will be constructed per City standards and typical section of 40'ROW width, 28' pavement width, and minimum 46' radius cul de sac. The second commercial private access road will extend 400' to the south from the intersection of Southcenter Parkway and S. 200th St. and will serve four Tots on the south end of the Project. Sewer, water, storm sewer, power, gas, and communications systems will be constructed as part of the private road and will connect to the above described Southcenter Parkway systems (see Utilities below). The road will be constructed per City standards and typical section of 40'ROW width, 28' pavement width, and minimum 46' radius cul de sac. MODIFICATION TO DEVELOPMENT STANDARDS The first preliminary plat application included a request that the Director waive the requirement set forth in Section 4.2.5 of the City Infrastructure Design and Construction Standards, which requires more than one connection to the existing public street system for any development, or part thereof, of four acres or more. The Director of Public Works approved that request, as reflected on p. 14 of the Staff Report to the Hearing Examiner, dated September 6, 2013, and Hearing Examiner's Condition No. 5, from the original approval, dated September 19, 2013. The rationale for this approval remains the same and the approval remains in effect. ka1] The rationale is that Segale has designed alternative access points where feasible, for example lots 21 & 22 each have two access points onto S. 200th St., and lot 4 is accessed by both Segale Park Drive C and Southcenter Parkway. However, the majority of lots within the Plat are accessed via Southcenter Parkway and the number of access points onto Southcenter Parkway was limited when that roadway was designed. It is simply not feasible to provide more than one connection to the existing public street system for the majority of lots that are larger than four acres without providing additional access points onto Southcenter Parkway. PEDESTRIAN CONNECTIVITY Pedestrian connectivity throughout the Project to future proposed lots will be provided via sidewalks within public rights -of -way and on private access roads. Additionally, internal pedestrian circulation systems will be provided within and between new development, redevelopment, and public sidewalks (Reference City Infrastructure Design and Construction Standards Section 4.0.11A.). Pedestrian connectivity also will be provided via trails. Pursuant to the Development Agreement for Tukwila South, at Section 4.5.1, Segale has already provided the City with a trail easement along the top of the levee extending from S. 180th St. to S. 204th St. In addition, Section 4.5.1 calls for Segale to Page 8 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application prepare a plan identifying the "possible locations for eight (8) 14-foot-wide pedestrian corridors and connections" from the trail atop the levee to other off -site pedestrian trails and City rights -of -way, and the Development Agreement mandates that three of those eight connections be to trail connection points at S. 180th St., S. 200th St., and S. 204th St. The Development Agreement remains in effect and imposes this binding obligation on all lands subject to the Development Agreement. Segale has requested and the City Administrator has approved several extensions of the deadline for identifying these trail connection points, and the deadline currently is December 31, 2017. Because this is an independent binding obligation of the existing Development Agreement, the preliminary plat approval need not include any separate condition detailing the trail obligation. UTILITIES Existing Infrastructure The backbone utility infrastructure necessary to serve development of the lots proposed in the Plat has already been constructed as part of the Southcenter Parkway project. Existing utilities include potable water, sanitary sewer, stormwater drainage, power, and gas. Sewer, water, storm sewer, power, gas, and communications systems are stubbed with appropriate capacity at all Southcenter Parkway intersections to serve multiple lots together with additional stubs to serve individual Tots. The storm sewer system includes two regional detention facilities, one at the north end and one at the south end of the Project. Sewer and water lines, with capacity to serve the proposed development, exist in S. 200th St., from Orillia Road to the new Southcenter Parkway. Utility easements will be provided along the front of lots 23-26 and 31-33 for power, gas, stormwater and communications. Utility easements will also be granted to connect lots 29 and 30 to the storm sewer, power, gas and communications system located in the Southcenter Parkway right-of-way and S. 200th St. right-of-way. A water line, with capacity to serve adjacent development, is located in S.184th PI., from the City limits to the intersection of Southcenter Parkway and S.184th PI. Utility easements will be granted on Tots adjacent to S. 184th PI. as required to extend sewer, storm sewer, power, gas and communications from the S. 184th PL. systems to lots 1 and 2. Segale Park Drive C is an existing private commercial access road. The existing utilities in Segale Park Drive C are connected to the above described Southcenter Parkway systems. Utility Providers The Plat is served by Highline Water District ("HLW") for potable water. The backbone water infrastructure necessary to serve development of the lots proposed in the Plat was designed by HLW to accommodate the Project at full build -out and has already been constructed as part of the Southcenter Parkway and S. 184th PI. projects. Segale and HLW entered into cost sharing agreements for this work and upgrades to off -site water systems to serve the Project. Page 9 of 11 Tukwila South Project June 2017 Subdivision — Preliminary Plat Application The Plat is served by the City for sanitary sewer. The backbone sewer infrastructure necessary to serve development of the lots proposed in the Plat was designed by the City to accommodate the Project and has already been constructed as part of the Southcenter Parkway and S. 184th PI. projects. The Plat is served by Puget Sound Energy ("PSE") for electrical power. The backbone duct and vault power infrastructure necessary to serve development of the lots proposed in the Plat were designed by PSE to accommodate the Project at full build -out and has already been constructed by Segale, per State regulated tariffs. The work was completed in conjunction with the Southcenter Parkway and S. 184th PI. projects. As specific development within the Project occurs, PSE will install circuits and equipment as required to provide power, following State regulated tariffs. In addition, PSE will make power system upgrades, including but not limited to transmission lines, feeder lines, and a substation, as necessary to supply power at full project build -out. The Plat is served by PSE for gas. The backbone gas line infrastructure necessary to serve development of the lots proposed in the Plat was designed by PSE to accommodate the Project at full build -out and has already been constructed by PSE, per State regulated tariffs. The work was completed in conjunction with the Southcenter Parkway and S. 184th PI. projects. The Plat is served by CenturyLink and Comcast for communications. The backbone communications duct and vault infrastructure necessary to serve development of the lots proposed in the Plat was designed by the individual providers to accommodate the Project at full build -out and has been constructed by Segale, per agreements with CenturyLink and Comcast. The work was completed in conjunction with the Southcenter Parkway and S. 184th PI. projects. FINISHED SITE GRADES All Project finished site grades are above the flood plain. Finished site grades range from elevation 34.2 feet NGVD 1929 south of S. 200th St. to elevation 30.9 feet NGVD 1929 at the north end of the Project. The only portion of the Project within a flood plain is the area lying south of S. 200th St. within the Johnson Creek Flood Plain, per FEMA FIRM #53033C0967F. The Johnson Creek Flood Plain elevation is elevation 22 feet NGVD 1929. All other Project areas are outside of the flood plain as they are protected by levees from the 100-year flood. EXISTING STRUCTURES The existing structures on the Plat lie within proposed new lot lines. The single-family residence shown on sheet GR-3, Detail "E", does not meet the setback regulations. Segale has obtained a demolition permit under City permit #D17-0066, and will remove the structure prior to approval and recording of the final plat for the phase that includes the lands containing this single-family residence. Page 10 of 11 1 d^ Tukwila South Project June 2017 Subdivision — Preliminary Plat Application OPEN SPACE TRACTS Open space tracts 1 and 2 are located at the south end of the Project, adjacent to the previously completed river levee improvements that will allow a reduction in the shoreline buffer per TMC 18.44.050(D)(2). The area within the open space tracts includes the levee and buffer and because this area cannot be developed it makes sense to put it in an open space tract. In contrast, other areas adjacent to the river were not put in open space tracts because those lands are developable, including using the allowance for Urban Conservancy Buffer Width reduction found in TMC 18.44.050(D)(2). EXCEPTION PARCEL Parcel 022204-9036, owned by Tukwila Historical Society, is not a part of the Plat. The parcel has access through an existing access easement under King County recorders number 6246552. Page 11 of 11 Fidelity National Title Insurance Company COMMERCIAL SERVICES 600 University St., Suite 1518 Seattle, WA 98101 Phone: 206-262-6305 Emailjohn.jones@fnf.com SEVENTH COMMITMENT FOR TITLE., INSURANCE Issued by Fidelity National Title of Washington, Inc., as agent for Fidelity National Title Insurance Company Fidelity National Title of Washington, Inc., as agent for Fidelity National Title Insurance Company, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Fidelity National Title Insurance Company, through its agent, Fidelity National Title of Washington, Inc., has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Authorized Signature 27C101 (6/06) Randy Quire, Resident M chat) 0111114110. SecsNery RECEIVED JUN 09 2017 Community Development ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION Fidelity National Title of Washington, Inc. Name and Address of Title Insurance Company: SCHEDULE A Fidelity National Title of Washington, Inc. 600 University St., Suite 2424 Seattle, WA 98101 Title Officer: John Jones Escrow No.: 20368867-410-KA6 1. Effective Date: June 1, 2017 at 8:00 A.M. 2. Policy or Policies to be issued: ALTA 2006 Extended Owner's Policy - Commercial Rate, Amount: To Be Determined Premium: To Be Determined Tax: To Be Determined Total: To Be Determined Extended Surcharge: Premium: To Be Determined Tax: To Be Determined Total: To Be Determined Proposed Insured: To Be Determined 3. The estate or interest in the land described or referred to in this Commitment is: A FEE 4. Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested in: Segale Properties LLC, a Washington limited liability company, formerly La Pianta Limited Partnership, a Washington limited partnership and La Pianta LLC, a Washington limited liability company 5. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof. 27C 101 A (6/06) 1 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION EXHIBIT A LEGAL DESCRIPTION TAX PARCEL 022204-9008: File No.: 20368867-410-KA6 THAT PORTION OF THE NORTHWEST'/ OF THE NORTHWEST' 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 FRAGER 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) TAX PARCEL 022204-9011: GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN; EXCEPT ANY PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT OF LAND: THAT PORTION OF GOVERNMENT LOTS 9 AND 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, CITY OF 'TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 12" EAST ALONG THE WEST LINE OF SAID SECTION 2, A DISTANCE OF 1,400.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 56° 03' 47" EAST 214.03 FEET; THENCE SOUTH 80° 27' 38" EAST 57.85 FEET TO THE WEST RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDERS NO. 20121130002219; THENCE SOUTHERLY ALONG SAID WEST MARGIN AND ALONG A NON -TANGENT CURVE, THE CENTER OF WHICH BEARS SOUTH 62° 31' 28" EAST, 2,041.50 FEET; 27C 101 A (6/06) 2 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 45' 41", AN ARC DISTANCE OF 98.38 FEET; THENCE NORTH 65° 17' 09" WEST 12.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE SOUTH, THE CENTER OF WHICH BEARS SOUTH 65° 17' 09" EAST, 2,053.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 48' 56" AN ARC DISTANCE OF 208.43 FEET; THENCE SOUTH 71° 06' 05" EAST 12.00 FEET TO A POINT ON A NON -TANGENT CURVE TO THE SOUTH, THE CENTER OF WHICH BEARS SOUTH 71° 06' 05" EAST 2,041.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09° 15' 19", AN ARC :DISTANCE OF 329.77 FEET; THENCE LEAVING SAID WEST MARGIN, NORTH 76° 44' 26" WEST 239.06 FEET; THENCE NORTH 13° 15' 44" EAST 275.38 FEET; THENCE NORTH 32° 14' 20" EAST 154.88 FEET; THENCE NORTH 56° 03' 47" EAST 64.72 FEET TO THE TRUE POINT OF BEGINNING; ALSO EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 114 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE 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° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON -TANGENT CURVE FROM WHICH RADIAL CENTER BLEARS 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 TRUE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF CONVEYED TO THE CT1fY OF KENT FOR ROAD RIGHT-OF-WAY AND STORM WATER RIGHT-OF-WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUKWILA ORDINANCE NO. 2239. EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219. (ALSO KNOWN AS REVISED 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) 27C 101 A (6/06) 3 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) 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 AT A 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, TO A 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 27C101A (6/06) 4 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; 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, AT A 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, AT A 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 AT A 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; 27C101A (6/06) 5 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) 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: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; 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 SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31°12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59", HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE OF 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49", AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53", AN ARC DISTANCE OF 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUKWILA ORDINANCE NO. 2239. EXCEPT ANY PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT OF LAND: THAT PORTION OF GOVERNMENT LOTS 9 AND 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, CITY OF 'TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 12" EAST ALONG THE WEST LINE OF SAID SECTION 2, A DISTANCE OF 1,400.27 FEET TO THE TRUE POINT OF BEGINNING; 27C 101 A (6/06) 6 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land AND TIT E Title Association. ASSOC1ATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) THENCE NORTH 56° 03' 47" EAST 214.03 FEET; THENCE SOUTH 80° 27' 38" EAST 57.85 FEET TO THE WEST RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219; THENCE SOUTHERLY ALONG SAID WEST MARGIN AND ALONG A NON -TANGENT CURVE, THE CENTER OF WHICH BEARS SOUTH 62° 31' 28" EAST, 2,041.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 45' 41" AN ARC DISTANCE OF 98.38 FEET; THENCE NORTH 65° 17' 09" WEST 12.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE SOUTH, THE CENTER OF WHICH BEARS SOUTH 65° 17' 09" EAST, 2,053.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 48' 56", AN ARC DISTANCE OF 208.43 FEET; THENCE. SOUTH 71° 06' 05" EAST 12.00 FEET TO A POINT ON A NON -TANGENT CURVE TO THE SOUTH, THE CENTER OF WHICH BEARS SOUTH 71° 06' 05" EAST 2,041.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09° 15' 19", AN ARC DISTANCE OF 329.77 FEET; THENCE LEAVING SAID WEST MARGIN, NORTH 76° 44' 26" WEST 239.06 FEET; THENCE NORTH 13° 15' 44" EAST 275.38 FEET; THENCE NORTH 32° 14' 20" EAST 154.88 FEET; THENCE NORTH 56° 03' 47" EAST 64.72 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219. (ALSO KNOWN AS REVISED 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: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31°12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; 27C101A (6/06) 7 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUKWILA ORDINANCE NO. 2239. EXCEPT ANY PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT OF LAND: THAT PORTION OF GOVERNMENT LOTS 9AND10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 12" EAST ALONG THE WEST LINE OF SAID SECTION 2, A DISTANCE OF 1,400.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 56° 03' 47" EAST 214.03 FEET; THENCE SOUTH 80° 27' 38" EAST 57.85 FEET TO THE WEST RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219; THENCE SOUTHERLY ALONG SAID WEST MARGIN AND ALONG A NON -TANGENT CURVE, THE CENTER OF WHICH BEARS SOUTH 62° 31' 28" EAST, 2,041.5() FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 45' 41" AN ARC DISTANCE OF 98.38 FEET; THENCE NORTH 65° 17' 09" WEST 12.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE SOUTH, THE CENTER OF WHICH BEARS SOUTH 65° 17' 09" EAST, 2,053.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 48' 56", AN ARC DISTANCE OF 208.43 FEET; THENCE SOUTH 71° 06' 05" EAST 12.00 FEET TO A POINT ON A NON -TANGENT CURVE TO THE SOUTH, THE CENTER OF WHICH BEARS SOUTH 71° 06' 05" EAST 2,041.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09° 15' 19", AN ARC DISTANCE OF 329.77 FEET; THENCE LEAVING SAID WEST MARGIN, NORTH 76° 44' 26" WEST 239.06 FEET; THENCE NORTH 13° 15' 44" EAST 275.38 FEET; THENCE NORTH 32° 14' 20" EAST 154.88 FEET; THENCE NORTH 56° 03' 47" EAST 64.72 FEET TO THE TRUE POINT OF BEGINNING. AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO.1 (INTERSTATE HIGHWAY NO. 5); 27C101A (6/06) 8 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219. (ALSO KNOWN AS REVISED PARCEL "E" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16-0046, RECORDED UNDER RECORDING NO.201610249001)04.) 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: 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°07'02" 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 ON A 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; 27C 101 A (6/06) 9 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 111111111111. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) (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: THE SOUTHEAST 1/4 OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; ALSO EXCEPT THE EAST 140 FEET OF THE WEST 160 FEET OF THE EAST 709.50 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION OF GOVERNMENT LOTS 9 AND 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 12" EAST ALONG THE WEST LINE OF SAID SECTION 2, A DISTANCE OF 1,400.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 56° 03' 47" EAST 214.03 FEET; THENCE SOUTH 80° 27' 38" EAST57.85 FEET TO THE WEST RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219; THENCE SOUTHERLY ALONG SAID WEST MARGIN AND ALONG A NON -TANGENT CURVE, THE CENTER OF WHICH BEARS SOUTH 62° 31' 28" EAST, 2,041.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°45'41" AN ARC DISTANCE OF 98.38 FEET; THENCE NORTH 65° 17'09" WEST 12.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE SOUTH, THE CENTER OF WHICH BEARS SOUTH 65° 17' 09" EAST, 2,053.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 48' 56" AN ARC DISTANCE OF 208.43 FEET; THENCE SOUTH 71° 06' 05" EAST 12.00 FEET TO A POINT ON A NON -TANGENT CURVE TO THE SOUTH, THE CENTER OF WHICH BEARS SOUTH 71° 06' 05" EAST 2,041.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09° 15' 19" AN ARC DISTANCE OF 329.77 FEET; THENCE LEAVING SAID WEST MARGIN, NORTH 76° 44' 26" WEST239.06 FEET; THENCE NORTH 13° 15' 44" EAST275.38 FEET; THENCE NORTH 32° 14' 20" EAST154.88 FEET; THENCE NORTH 56° 03' 47" EAST 64.72 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPT COUNTY ROAD (SOUTH 200TH STREET); 27C 101 A (6/06) 10 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 1111.111.. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT-OF- WAYS AND STORM WATER RIGHT-OF-WAYS AND STORM WATER RIGHT-OF-WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219. (ALSO KNOWN AS REVISED 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: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTHEASTERLY OF THE ORILLIA ROAD SOUTH EXTENSION (SOUTH 188TH STREET INTERCHANGE) CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 8107060294; EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF GOVERNMENT LOTS 9AND10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, CITY OF TUKWILA, KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 12" EAST ALONG THE WEST LINE OF SAID SECTION 2, A DISTANCE OF 1,400.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 56° 03' 47" EAST 214.03 FEET; THENCE SOUTH 80° 27' 38" EAST 57.85 FEET TO THE WEST RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORD"ING NO. 20121130002219; THENCE SOUTHERLY ALONG SAID WEST MARGIN AND ALONG A NON -TANGENT CURVE, THE CENTER OF WHICH BEARS SOUTH 62° 31' 28" EAST, 2,041.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 45' 41", AN ARC DISTANCE OF 98.38 FEET; THENCE NORTH 65° 17' 09" WEST 12.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE SOUTH, THE CENTER OF WHICH BEARS SOUTH 65° 17' 09" EAST, 2,053.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 48' 56", AN ARC DISTANCE OF 208.43 FEET; THENCE SOUTH 71° 06' 05" EAST 12.00 FEET TO A POINT ON A NON -TANGENT CURVE TO THE SOUTH, THE CENTER OF WHICH BEARS SOUTH 71° 06' 05" EAST 2,041.50 FEET; 27C 101 A (6/06) 11 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09° 15' 19", AN ARC DISTANCE OF 329.77 FEET; THENCE LEAVING SAID WEST MARGIN, NORTH 76° 44' 26" WEST 239.06 FEET; THENCE NORTH 13° 15' 44" EAST 275.38 FEET; THENCE NORTH 32° 14' 20" EAST 154.88 FEET; THENCE NORTH 56° 03' 47" EAST 64.72 FEET TO THE TRUE POINT OF BEGINNING. (ALSO KNOWN AS REVISED 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) AND A PORTION OF LOT 37 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL: 032204-9049: THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT-OF-WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF RESERVE DRAINAGE TRACT 2, AND A PORTION OF LOTS 22, 23, & 24 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL: 032204-9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST IA OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING AT A 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 1,340.72 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) 27C 101 A (6/06) 12 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION EXHIBIT A (Continued) PARCEL 032204-9056: File No.: 20368867-410-KA6 THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST' OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST' OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST'/. OF SAID SECTION 3; THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "ORILLIA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; (BEING A PORTION OF 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 (SATS) AND A PORTION OF LOT 27 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 032204-9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,4'72.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88° 57' 43" WEST, 234.57 FEET; THENCE SOUTH 27° 37' 40" WEST, 264.86 FEET; THENCE SOUTH 48° 11' 25" WEST, 269.46 FEET; THENCE SOUTH 51° 58' 10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0° 13' 04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0° 13' 04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; 27C 101 A (6/06) 13 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN AND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACH TO SAID PROPERTY BY OPERATION OF LAW; PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); (BEING A PORTION OF 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 (SATS) AND ALL OF LOTS 27 AND 28 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 032204-9090: 27C101A (6/06) 14 ALTA Commitment— 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST' OF THE NORTHEAST' 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' 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'/4 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%; 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: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST'; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST %; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF; 27C101A (6/06) 15 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING; AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89° 11' 06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01°f 11' 00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; (BEING A PORTION OF 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 (SATS) AND A PORTION OF LOTS 26, 27 AND 28 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 032204-9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST' OF THE NORTHEAST V4 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. 27C101A (6/06) 16 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAN O TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) (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'/4 OF THE SOUTHWEST % OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST % OF THE SOUTHWEST'/a OF SECTION 26; THENCE NORTH 87° 45' 57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST'/4 OF THE SOUTHWEST %, 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, TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 39.0 FEET NORTHWESTERLY OF THE CENTER LINE OF A 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 % OF THE SOUTHWEST % 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 1 (SAT1) AND A PORTION OF NON -BUILDABLE TRACT 1 (NBT1) OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9009: THAT PORTION OF THE NORTHEAST'/ 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'/4 OF THE NORTHWEST %; THENCE NORTH 87° 45' 57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST'/4 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'/4 OF THE NORTHEAST'/4 OF THE NORTHWEST'/4 OF SAID SECTION 35; THENCE WESTERLY, ALONG SAID SOUTH LINE, TO THE EAST :LINE OF THE NORTHWEST % OF THE NORTHWEST % OF SAID SECTION 35; 27C 101 A (6/06) 17 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LANI) TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) THENCE NORTH 01° 49' 41" EAST, ALONG SAID EAST LINE, TO THE NORTHEAST CORNER OF SAID NORTHWEST VI; THENCE SOUTH 87° 45' 57" EAST, ALONG THE NORTH LINE, OF SAID NORTHWEST VI, 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: THAT PORTION OF THE SOUTHEAST'/a OF THE NORTHWEST % OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY LINE OF SAID SUBDIVISION AT A POINT 657.02 IFEET WESTERLY OF THE INTERSECTION OF SAID SOUTHERLY LINE WITH THE WESTERLY LINE OF COUNTY ROAD NO. 540 (57TH AVENUE SOUTH), SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 4744487; THENCE NORTH 16° 21' 00" EAST 831.38 FEET TO THE NORTHWESTERLY CORNER OF SAID CERTAIN TRACT OF LAND; THENCE SOUTH 87° 53' 30" EAST 504.80 FEET; THENCE NORTH 60° 47' 30" EAST 206.43 FEET TO THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE WESTERLY LINE THEREOF TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87° 51' 01" EAST, ALONG THE NORTH LINE OF SAID SUBDIVISION 800 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH PERPENDICULAR TO THE SAID NORTH LINE OF SAID SUBDIVISION 250 FEET; THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF SAID SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540; THENCE NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY ROAD TO THE INTERSECTION WITH THE SAID NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 87° 51' 01" WEST ALONG SAID NORTH LINE OF SAID SUBDIVISION 335 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 01° 49' 45" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 566.20 FEET; 27C 101 A (6/06) 18 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) THENCE NORTH 63° 06' 45" EAST 485.45 FEET TO AN IRON PIPE AT THE NORTHWESTERLY CORNER OF SAID CERTAIN TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 4744487; THENCE SOUTH 18° 30' 20" WEST ALONG THE WESTERLY LINE OF SAID TRACT 835.35 FEET TO THE SOUTH LINE OF THE SOUTHEAST 'A OF THE NORTHWEST 'A OF SAID SECTION; THENCE NORTH 87° 56' 03" WEST ALONG SAID SOUTH LINE 186.03 FEET TO THE POINT OF BEGINNING; AND EXCEPT COUNTY ROADS; AND EXCEPT THOSE PORTIONS THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT-OF-WAY DEEDS RECORDED UNDER RECORDING NOS. 20121130002219 AND 20131028000842; (BEING A PORTION OF PARCEL "A" 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 SENSITIVE AREA TRACT 2 (SAT2), A PORTION OF RESERVE DRAINAGE TRACT 1 (RD1) 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 L15-0005 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'' OF THE SOUTHWEST IA 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; 27C 101 A (6/06) 19 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) 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 (SAT3), 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 AT A 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'4 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 352304-9019: THAT PORTION OF THE SOUTHWEST'/ OF THE NORTHEAST'/n OF THE NORTHWEST'4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING SOUTH AND WEST OF P.J. MUSIEL ROAD (SOUTH 178TH STREET), DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST'4 OF THE NORTHEAST'/4 OF THE NORTHWEST'4 OF SAID SECTION; THENCE SOUTH 87° 50' 57" EAST 286.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 23° 27' 57" EAST 147.13 FEET; THENCE SOUTH 87° 50' 57" EAST 25 FEET; THENCE NORTH 23° 27' 57" EAST 180 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY MARGIN OF SAID P.J. MUSIEL ROAD; THENCE SOUTH 55° 13' 03" EAST ALONG SAID SOUTHERLY MARGIN 195.78 FEET; THENCE ALONG THE WESTERLY MARGIN OF SAID MUSIEL ROAD SOUTH 29° 37' 57" WEST 224.57 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE NORTH 87° 50' 57" WEST ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE SOUTHWEST' OF THE NORTHEAST '/a OF THE NORTHWEST' OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE SOUTH LINE THEREOF, SOUTH 87° 50' 57" EAST 365.16 FEET; 27C 101 A (6/06) 20 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American LandAMERICAN LAND TITLE Title Association. ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) THENCE NORTH 02° 09' 03" EAST 137.09 FEET; THENCE NORTH 23° 27' 57" EAST 179.32 FEET TO THE SOUTHWESTERLY MARGIN OF SOUTH 178TH STREET; THENCE ALONG SAID MARGIN SOUTH 60° 38' 09" EAST 10.11 FEET; THENCE ALONG SAID MARGIN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 208.74 FEET, A DISTANCE OF 10.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE OF 70.00 FEET; THENCE SOUTH 21° 38' 27" WEST 120.39 FEET; THENCE NORTH 68° 52' 03" WEST 70.06 FEET; THENCE NORTH 23° 27' 57" EAST 145.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6405581; TOGETHER WITH THOSE PORTIONS OF MUSIEL ROAD (SOUTH 178TH STREET) VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556, WHICH ATTACHED THERETO BY OPERATION OF LAW; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT-OF-WAY DEED RECORDED UNDER RECORDING NO. 20131028000842; TOGETHER WITH THAT PORTION OF SOUTH 178TH STREET VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 2400 AND RECORDED UNDER RECORDING NO. 20160120000736, WHICH ATTACHED THERETO BY OPERATION OF LAW; (BEING A PORTION OF 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 LOTS 43 AND 44 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9025: THAT PORTION OF THE NORTHWEST'/ OF THE NORTHWEST' OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST'/ OF THE NORTHWEST' OF SAID SECTION 35; THENCE SOUTH 01° 49' 41" WEST, ALONG THE EAST LINE OF THE NORTHWEST' OF THE NORTHWEST' 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 '/ OF THE NORTHWEST' OF SAID SECTION 35; 27C 101 A (6/06) 21 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land L N;,RT`,7 E Title Association. ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) 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) A.ND 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 NORTIIEAST % 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 %; THENCE NORTH 87° 45' 57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST'/4 OF THE NORTHWEST'/4 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'/4 OF THE NORTHWEST'/4 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 TO A 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'/4 OF THE NORTHWEST VI; 27C 101 A (6/06) 22 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of thus Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) THENCE NORTH 01° 49' 41" EAST, ALONG SAID WEST LINE, TO THE SOUTH LINE OF THE NORTHWEST % OF THE NORTHEAST' OF THE NORTHWEST'4 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 1 (SAT1) OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9032: PORTION OF 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 LOT 3 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) PARCEL 352304-9034: PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L06-029 RECORDED UNDER RECORDING NO. 20060913900003; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT-OF-WAY DEED RECORDED UNDER RECORDING NO. 20131028000842; (BEING A PORTION OF NEW PARCEL `B" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L17-0004 RECORDED UNDER RECORDING NO. 20170605900031) 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 (RD1), 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) 27C101A (6/06) 23 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION EXHIBIT A (Continued) PARCEL 352304-9038: PARCEL A: File No.: 20368867-410-KA6 THAT PORTION OF THE NORTHEAST' 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' ; THENCE NORTH 87° 45' 57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST' OF THE NORTHWEST'/4 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' OF THE NORTHWEST' , 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 TO A 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'/4 OF THE NORTHWEST'/4; THENCE NORTH 01° 49' 41" EAST, ALONG SAID WEST LINE, TO THE SOUTH LINE OF THE NORTHWEST ' OF THE NORTHEAST'/4 OF THE NORTHWEST'/4 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; 27C 101 A (6/06) 24 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. ASSOCIATION EXHIBIT A. (Continued) EXCEPT THE NORTH 25.25 FEET THEREOF; File No.: 20368867-410-KA6 TOGETHER WITH THAT PORTION OF SOUTH 178TH STREET VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 2400 AND RECORDED UNDER RECORDING NO. 20160120000736, WHICH ATTACHED THERETO BY OPERATION OF LAW; PARCEL B: 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'/4 OF THE NORTHWEST'/a; THENCE NORTH 87° 45' 57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST'/4 OF THE NORTHWEST Vs, A DISTANCE OF 481.05 FEET, TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 11° 59' 33" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET TO THE TRUE POINT OF BEGINNING; 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 OF 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'/4 OF THE NORTHWEST'/4, 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 TO A 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; THENCE NORTH 37° 55' 55" EAST 173.09 FEET TO 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 ALONG THE SOUTHEASTERLY LINE OF SAID CONVEYED TRACT, NORTH 42° 30' 27" EAST, A DISTANCE OF 106.34 FEET, ALONG THE SOUTHEASTERLY LINE OF AMERICAN NATIONAL INSURANCE'S TRACT TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF A TRACT CONVEYED TO LAUREL DEVELOPMENT CO., A WASHINGTON CORPORATION, BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 7611100056; THENCE ALONG THE SOUTHERLY LINE OF SAID LAUREL DEVELOPMENT CO. TRACT, SOUTH 51° 25' 11" EAST, A DISTANCE OF 57.27 FEET; THENCE SOUTH 45° 56' 15" EAST A DISTANCE OF 62.15 FEET; THENCE SOUTH 51° 32' 16" EAST A DISTANCE OF 47.25 FEET; THENCE SOUTH 76° 31' 22" EAST A DISTANCE OF 72.20 FEET; THENCE SOUTH 87° 45' 57" EAST A DISTANCE OF 120.00 FEET TO THE TRUE POINT OF BEGINNING; 27C 101 A (6/06) 25 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) TOGETHER WITH THAT PORTION OF SOUTH 178TH STREET VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 2400 AND RECORDED UNDER RECORDING NO. 20160120000736, WHICH ATTACHED THERETO 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 LOTS 1 & 2 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH AND OTHER PROPERTY) PARCEL 352304-9041: THAT PORTION OF THE SOUTHWEST' OF THE SOUTHWEST % AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A 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 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" 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; 27C101A (6/06) 26 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) 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) TAX PARCEL 352304-9045: THAT PORTION OF THE SOUTHWEST'/4 OF THE SOUTHWEST % OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST'/4 OF SAID SECTION 35; THENCE SOUTH 87° 59' 06" EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST'/4, 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 V OF THE SOUTHWEST 'A 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) TAX PARCEL 352304-9049: THE NORTH 490 FEET OF THE EAST 100 FEET OF THAT PORTION OF THE SOUTHWEST % OF THE SOUTHWEST'/4 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'/4 OF THE SOUTHWEST'/4 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 LIINE OF COUNTY ROAD; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE OF SAID COUNTY ROAD, TO ITS INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST'/4 OF THE SOUTHWEST'/ 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; 27C101A (6/06) 27 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA lioensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) 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) TAX 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 TIIE 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) TAX PARCEL 352304-9051: THAT PORTION OF THE NORTHWEST'/4 OF THE SOUTHWEST 'A 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 LIINE OF NORTHWEST' OF SOUTHWEST'/a; 27C 101 A (6/06) 28 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land IAN I) TITLE Title Association. ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) 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) TAX PARCEL 352304-9065: THAT PORTION OF THE SOUTHWEST n OF THE SOUTHWEST Vs 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) TAX PARCEL 352304-9066: THAT PORTION OF THE SOUTHWEST OF SOUTHWEST 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 TO A 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; 27C 101 A (6/06) 29 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. w5MCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) 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) TAX PARCEL 352304-9068: THAT PORTION OF THE SOUTHWEST'/4 OF THE SOUTHWEST'/4 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) TAX PARCEL 352304-9078: THAT PORTION OF THE SOUTHWEST'/4 OF THE SOUTHWEST'/4 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; 27C101A (6/06) 30 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 1.1111.1111. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) 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: THAT PORTION OF THE SOUTHWEST' OF THE NORTHEAST'/ OF THE NORTHWEST % OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 87° 50' 57" EAST 365.16 FEET; THENCE NORTH 02° 09' 03" EAST 137.09 FEET; THENCE NORTH 23° 27' 57" EAST 179.32 FEET TO THE SOUTHWESTERLY MARGIN OF SOUTH 178TH STREET; THENCE ALONG SAID MARGIN SOUTH 60° 38' 09" EAST 10.11 FEET; THENCE ALONG SAID MARGIN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 208.74 FEET, A DISTANCE OF 10.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE OF 70.00 FEET; THENCE SOUTH 21° 38' 27" WEST 120.39 FEET; THENCE NORTH 68° 52' 03" WEST 70.06 FEET; THENCE NORTH 23° 27' 57" EAST 145.00 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SOUTH 178TH STREET VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 2400 AND RECORDED UNDER RECORDING NO. 20160120000736, WHICH ATTACHED THERETO BY OPERATION OF LAW; (BEING A PORTION OF 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 352304-9109: THAT PORTION OF THE SOUTHWEST 'A OF THE NORTHEAST' OF THE NORTHWEST' OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING SOUTH AND WEST OF P.J. MUSIEL ROAD (SOUTH 178TH STREET), DESCRIBED AS FOLLOWS: 27C101A (6/06) 31 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted toIALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A. (Continued) BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 'A OF THE NORTHEAST 'A OF THE NORTHWEST 'A OF SAID SECTION; THENCE NORTH 01° 49' 41" EAST ALONG THE WEST LINE OF SAID SOUTHWEST °'A, 503.47 FEET TO A POINT ON THE SOUTHERLY MARGIN OF SAID P.J. MUSIEL ROAD; THENCE SOUTH 65° 26 33" EAST ALONG SAID SOUTHERLY MARGIN 374.01 FEET; THENCE SOUTH 55° 13' 03" EAST 104.12 FEET; THENCE SOUTH 23° 27' 57" WEST 180 FEET; THENCE NORTH 87° 50' 57" WEST 25 FEET; THENCE SOUTH 23° 27' 57" WEST 147.13 FEET; THENCE NORTH 87° 50' 57" WEST 286.71 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SOUTH 187TH STREET, MUSIEL ROAD, AS VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556 AND RECORDED UNDER RECORDING NO. 6516240; EXCEPT THAT PORTION CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 64055081; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT-OF-WAY DEED RECORDED UNDER RECORDING NO. 20131028000842; TOGETHER WITH THAT PORTION OF SOUTH 178TH STREET VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 2400 AND RECORDED UNDER RECORDING NO. 20160120000736, WHICH ATTACHED THERETO BY OPERATION OF LAW; (BEING A PORTION OF 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 'A OF THE SOUTHWEST 'A 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; 27C 101 A (6/06) 32 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TIT E Title Association. ASSOCIATION File No.: 20368867-410-KA6 EXHIBIT A (Continued) 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: PORTION OF 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) PARCEL 352304-9125: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF THE SOUTHEASTERLY MARGIN OF THAT CERTAIN 60.00 FOOT WIDE STRIP KNOWN AS "ORILLIA ROAD EXTENSION NORTH SECTION"; (BEING A PORTION OF NEW PARCEL "B" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L17-0004 RECORDED UNDER RECORDING NO. 20170605900031) SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. (BEING A PORTION OF SENSITIVE AREA TRACT 2 (SAT2) OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) 27C 101 A (6/06) 33 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE A55001ATION File No.: 20368867-410-KA6 SCHEDULE B - SECTION I REQUIREMENTS 1. INSTRUMENTS NECESSARY TO CREATE THE ESTATE OR. INTEREST MUST BE PROPERLY EXECUTED, DELIVERED AND DULY FILED FOR THE RECORD. 2. PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. SCHEDULE B OF THIS POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. GENERAL EXCEPTIONS A. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION, OR CLAIMING POSSESSION, NOT SHOWN BY THE PUBLIC RECORDS. B. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. C. EASEMENTS, PRESCRIPTIVE RIGHTS, RIGHTS -OF -WAY, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. D. ANY LIEN, OR RIGHT TO A LIEN, FOR CONTRIBUTIONS TO EMPLOYEE BENEFIT FUNDS, OR FOR THE STATE WORKERS' COMPENSATION, OR FOR SERVICES, LABOR, OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, ALL AS IMPOSED BY LAW, AND NOT SHOWN BY THE PUBLIC RECORDS. E. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT YET PAYABLE OR WHICH ARE SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. F. ANY LIEN FOR SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACITY, OR CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES, OR FOR GARBAGE COLLECTION AND DISPOSAL NOT SHOWN BY THE PUBLIC RECORDS. G. UNPATENTED MINING CLAIMS, AND ALL RIGHTS RELATING THERETO. H. RESERVATIONS AND EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. L INDIAN TRIBAL CODES OR REGULATION, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENT OR EQUITABLE SERVITUDES. J. WATER RIGHTS, CLAIMS OR TITLE TO WATER. K. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS, OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. 27C 101 BI (6/06) END OF SCHEDULE B - SECTION I 34 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B - SECTION II EXCEPTIONS SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED W][LL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY: 1. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% . FOR ALL TRANSACTIONS RECORDED ON OR AFTER JULY 1, 2005: • A FEE OF $10.00 WILL BE CHARGED ON ALL EXEMPT TRANSACTIONS; • A FEE OF $5.00 WILL BE CHARGED ON ALL TAXABLE TRANSACTIONS IN ADDITION TO THE EXCISE TAX DUE; THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 022204-9008 (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3), AND A PORTION OF LOTS 16 & 36 OF SAID PRELIMINARY PLAT): 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 022204-9008 YEAR BILLED PAID BALANCE 2017 $10,628.06 $5,314.03 $5,314.03 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $5,314.03. LEVY CODE: 2443 ASSESSED VALUE LAND: $781,600.00 ASSESSED VALUE IMPROVEMENTS: $0.00 3. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: STATE OF WASHINGTON CAUSE NO.: 671435 AND 672088 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STATE OF WASHINGTON PURPOSE: DRAINAGE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 5706242 SAID INSTRUMENT SUPERCEDES INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 5643148. 27C101BII (6/06) 35 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 111.111.11111 AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 29, 1964 RECORDING NO.: 5729436 REGARDING: RELEASE OF DAMAGE 6. UNRECORDED EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & :LIGHT COMPANY PURPOSE: ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED: A PORTION OF SAID PREMISES DISCLOSED BY: EASEMENT RECORDED UNDER RECORDING NO. 7905040718 AND BY THE PRELIMINARY PLAT OF TUKWILA SOUTH 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 5, 2011 RECORDING NO.: 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: RECORDED: RECORDING NO.: A PORTION OF SAID PREMISES OCTOBER 2, 2014 20141002000498 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: ONE OR MORE UTILITY SYSTEMS FOR THE PURPOSE OF TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JANUARY 8, 2015 RECORDING NO.: 20150108000624 10. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000703 27C101BII (6/06) 36 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 022204-9011 (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): 11. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 022204-9011 YEAR BILLED PAID BALANCE 2017 $75,315.29 $37,657.65 $37,657.64 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $37,657.64. LEVY CODE: 2443 ASSESSED VALUE LAND: $5,675,400.00 ASSESSED VALUE IMPROVEMENTS: $0.00 12. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF GREEN RIVER. 13. ANY CHANGE IN THE BOUNDARY OR LEGAL DESCRIPTION OF THE LAND DESCRIBED HEREIN, DUE TO A SHIFT OR CHANGE IN THE COURSE OF GREEN RIVER. 14. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RIECREATION AND FISHERIES. 15. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN„ COVERED BY WATER. 16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: RIVER PROTECTION AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 6182821 ASSIGNMENT OF SAID EASEMENT TO KING COUNTY, THE CITY OF TUKWILA AND THE GREEN RIVER FLOOD CONTROL ZONE DISTRICT, AS TENANTS IN COMMON, RECORDED UNDER RECORDING NO. 9108210299. 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: FLOOD PROTECTION LEVEE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 9109051216 27C101BII (6/06) 37 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 18. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: FLOOD PROTECTION LEVEE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 9109051217 19. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: FLOODWAY IMPROVEMENTS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 9705281239 20. RESTRICTIVE COVENANT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 3, 2011 RECORDING NO.: 20110603000425 21. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, ENC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 5, 2011 RECORDING NO.: 20110805000050 AND AMENDMENT THERETO: RECORDED: RECORDING NO.: MAY 11, 2012 20120511000340 22. RECORDED EASEMENT ESTABLISHED IN KING COUNTY SUPERIOR COURT AND THE TERMS AND CONDITIONS THEREOF: IN FAVOR OF: PUGET SOUND ENERGY, INC. PURPOSE: ONE OR MORE UTILITY SYSTEMS FOR THE PURPOSE OF TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES CAUSE NO.: 12-2-24254-2 KNT RECORDED: MARCH 12, 2013 RECORDING NO.: 20130312000589 23. AQUATIC LANDS EASEMENT FOR COMPENSATORY MITIGATION USES AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 16, 2014 RECORDING NO.: 20140716001042 27C101 Bll (6/06) 38 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 24. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000498 25. EASEMENT FOR UNDERGROUND COMMUNICATIONS FACILITIES AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: COMCAST OF WASHINGTON IV, INC. AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 21, 2014 RECORDING NO.: 20141121001572 26. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: FLOOD PROTECTION AND ACCESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 16, 2015 RECORDING NO.: 20150616000300 27. TRAIL EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: PUBLIC BIKE AND PEDESTRIAN PATH AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 16, 2015 RECORDING NO.: 20150716000578 28. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000704 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 022204-9015 (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): 27C101BII (6/06) 39 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 29. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 022204-9015 YEAR BILLED PAID BALANCE 2017 $122,320.39 $61,160.20 $61,160.19 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $61,160.19. LEVY CODE: 2443 ASSESSED VALUE LAND: $9,187,200.00 ASSESSED VALUE IMPROVEMENTS: $0.00 30. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF GREEN RIVER. 31. ANY CHANGE IN THE BOUNDARY OR LEGAL DESCRIPTION OF THE LAND DESCRIBED HEREIN, DUE TO A SHIFT OR CHANGE IN THE COURSE OF GREEN RIVER. 32. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 33. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 34. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE COUNTY OF KING PURPOSE: THE RIGHT TO CONSTRUCT AND MAINTAIN A RIP -RAP BANK PROTECTION AND REMOVE DEBRIS ALONG THE LEFT BANK OF GREEN RIVER AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED RECORDED: NOVEMBER 8, 1961 RECORDING NO.: 5350955 35. RESERVATIONS CONTAINED IN DEED RECORDED UNDER RECORDING NO. 8510110360. 36. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: PUBLIC RIGHT-OF-WAY CUL-DE-SAC TERMINATION OF FRAGER ROAD AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 9705231406 37. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: FLOODWAY IMPROVEMENTS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 9705231407 27C 101 B11(6/06) 40 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 38. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: UTILITY SYSTEMS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 05, 2011 RECORDING NO.: 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 39. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: ONE OR MORE UTILITY SYSTEMS FOR THE PURPOSE OF TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 1, 2012 RECORDING NO.: 20120801001114 40. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY BOUNDARY LINE ADJUSTMENT NO. L1.2-011, RECORDED UNDER RECORDING NO. 20130108900003. 41. ANY POSSIBLE STRIPS, GAPS OR GORES, ARISING FROM THE LEGAL DESCRIPTION SHOWN ON SCHEDULE "A" HEREIN. 42. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000498 43. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: FLOOD PROTECTION AND ACCESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 16, 2015 RECORDING NO.: 20150616000300 44. TRAIL EASEMENT AGREEMENT AND THE TERMS ANI) CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: PUBLIC BIKE AND PEDESTRIAN PATH AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 16, 2015 RECORDING NO.: 20150716000578 27C101BII (6/06) 41 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 45. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: RECORDED: RECORDING NO.: ESTABLISHING SEWER CONNECTION FEES SEPTEMBER 2, 2015 20150902000705 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 022204-9033 (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): 4634. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2017 BILLED $46,528.73 022204-9033 PAID $23,264.37 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 2443 $3,529,000.00 $0.00 BALANCE $23,264.36 $23,264.36. 47. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF GREEN RIVER. 48. ANY CHANGE IN THE BOUNDARY OR LEGAL DESCRIPTION OF THE LAND DESCRIBED HEREIN, DUE TO A SHIFT OR CHANGE IN THE COURSE OF GREEN RIVER. 49. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 50. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 51. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: RIGHT TO DIVERT WATER AND RELEASE OF DAMAGES RECORDED: DECEMBER 3, 1902 RECORDING NO.: 248290 52. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STATE OF WASHINGTON PURPOSE: DRAINAGE SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 29, 1964 RECORDING NO.: 5729437 27C101BII (6/06) 42 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE AssoC1ATIO4 File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 53. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: RIVER PROTECTION AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 31, 1967 RECORDING NO.: 6182821 ASSIGNMENT OF SAID EASEMENT RECORDED UNDER RECORDING NO. 9108210299. 54. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: FLOOD PROTECTION LEVEE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 9109051217 55. THE EFFECT ON THE TITLE AND THE DESCRIPTION OF THE LAND DUE TO THE LOCATION OF "WESTERLY BANK OF THE GREEN RIVER" CONTAINED IN THE LEGAL DESCRIPTION IN SCHEDULE A. 56. EASEMENT AGREEMENT AND THE TERMS AND CONDDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: FLOOD PROTECTION AND ACCESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 16, 2015 RECORDING NO.: 20150616000300 57. TRAIL EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: PUBLIC BIKE AND PEDESTRIAN PATH AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 16, 2015 RECORDING NO.: 20150716000578 58. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000706 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 022204-9037 (BEING A PORTION OF LOTS 16 & 17 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 27C101BI1(6/06) 43 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 5934. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 022204-9037 YEAR BILLED PAID BALANCE 2017 $4,479.07 $2,239.54. $2,239.,53 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $2,239..53. LEVY CODE: 2443 ASSESSED VALUE LAND: $338,600.00 ASSESSED VALUE IMPROVEMENTS: $0.00 60. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: RELEASE OF DAMAGE RECORDED: DECEMBER 03, 1902 RECORDING NO.: 248290 61. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000707 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 022204-9040 (BEING A PORTION OF LOTS 16 & 17 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 6234. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 022204-9040 YEAR BILLED PAID BALANCE 2017 $4,434.43 $2,217.22 $2,217.21 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $2,217.21. LEVY CODE: 2443 ASSESSED VALUE LAND: $335,600.00 ASSESSED VALUE IMPROVEMENTS: $0.00 63. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: RELEASE OF DAMAGES RECORDED: DECEMBER 03, 1902 RECORDING NO.: 248290, VOLUME 325 OF DEEDS, PAGE 613 27C101BII (6/06) 44 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 64. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STATE OF WASHINGTON PURPOSE: DRAINAGE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 5706242 SAID INSTRUMENT SUPERCEDES INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 5643148. 65. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: 66. EASEMENT AND THE GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: STATE OF WASHINGTON DRAINAGE SYSTEM A PORTION OF SAID PREMISES 5729437 TERMS AND CONDITIONS THEREOF: THE GREEN RIVER FLOOD CONTROL ZONE DISTRICT AND THE CITY OF TACOMA CONSTRUCT, MAINTAIN, REPAIR, OPERATE, PATROL AND REPLACE A FLOOD PROTECTION LEVEE, INCLUDING ALL APPURTENANCES THERETO A PORTION OF SAID PREMISES SEPTEMBER 05, 1991 9109051217 67. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE GREEN RIVER FLOOD CONTROL ZONE DISTRICT AND THE CITY OF TACOMA PURPOSE: CONSTRUCT, MAINTAIN, REPAIR, OPERATE, PATROL AND REPLACE A FLOOD PROTECTION LEVEE, INCLUDING ALL APPURTENANCES THERETO A PORTION OF SAID PREMISES SEPTEMBER 05, 1991 9109051218 AREA AFFECTED: RECORDED: RECORDING NO.: 68. LACK OF A RECORDED EASEMENT PROVIDING ACCESS TO THE LANDS HEREIN DESCRIBED FROM ANY PUBLIC ROAD. 69. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000708 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 022204-9043 (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): 27C 101 BII (6/06) 45 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 70. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 022204-9043 YEAR BILLED PAID BALANCE 2017 $91,989.16 $45,994.58 $45,994.58 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $45,994.58. LEVY CODE: 2443 ASSESSED VALUE LAND: $6,976,900.00 ASSESSED VALUE IMPROVEMENTS: $0.00 71. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STATE OF WASHINGTON PURPOSE: DRAINAGE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 5706242 SAID INSTRUMENT SUPERCEDES INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 5643148. 72. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: RELEASE OF DAMAGE RECORDED: APRIL 29, 1964 RECORDING NO.: 5729436 73. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: STATE OF WASHINGTON CAUSE NO.: 672088 74. DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 17, 2009 RECORDING NO.: 20090617000114 75. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: UNDERGROUND UTILITY FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 05, 2011 RECORDING NO.: 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 27C101B11 (6/06) 46 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 76. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000498 77. EASEMENT FOR UNDERGROUND COMMUNICATIONS FACILITIES AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: COMCAST OF WASHINGTON IV, INC. AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 21, 2014 RECORDING NO.: 20141121001572 78. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000709 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 022204-9057 (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): 79. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 022204-9057 YEAR BILLED PAID BALANCE 2017 $ 27.18 $27.18 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2443 ASSESSED VALUE LAND: $1,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 80. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: RELEASE OF DAMAGE RECORDED: DECEMBER 3, 1902 RECORDING NO.: 248290 THE INTEREST OF WHITE RIVER POWER COMPANY IS NOW HELD OF RECORD BY PACIFIC COAST POWER COMPANY BY INSTRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 387234 AND 530192. 27C101BII (6/06) 47 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 81. RESERVATIONS, AGREEMENTS AND CONDITIONS CONTAINED IN DEED RECORDED UNDER RECORDING NO. 3924352, AS FOLLOWS: A) RESERVATION OF THE RIGHT OF GRANTORS AND OTHER PERSONS HAVING RELATIVES BURIED IN THE CEMETERY ON THE PROMISE TO PASS TO AND FROM SAID CEMETERY OVER THE LANDS HEREBY CONVEYED B) GRANTEE, HIS HEIRS AND ASSIGNS AGREE TO KEEP SAID CEMETERY FENCES SO AS TO KEEP CATTLE AND LIVESTOCK OFF SAID CEMETERY (SAID RESERVATIONS AFFECT LAND DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 6246552.) 82. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: RELEASE OF DAMAGES RECORDED: APRIL 24, 1964 RECORDING NO.: 5729436 83. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 7905040718 84. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: RIGHT TO ENTER AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 9109051216 85. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: STATE OF WASHINGTON CAUSE NO.: 672088 86. UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: HIGHLINE WATER DISTRICT PURPOSE: A WATER PIPELINE AND APPURTENANCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 26, 2013 RECORDING NO.: 20130226001727 27C 101 BII (6/06) 48 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. .111111 AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 87. RECORDED EASEMENT ESTABLISHED IN KING COUNTY SUPERIOR COURT AND THE TERMS AND CONDITIONS THEREOF: IN FAVOR OF: PUGET SOUND ENERGY, INC. PURPOSE: ONE OR MORE UTILITY SYSTEMS FOR THE PURPOSE OF TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES CAUSE NO.: 12-2-24254-2 KNT RECORDED: MARCH 12, 2013 RECORDING NO.: 20130312000589 88. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000710 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 022204-9061 (BEING A PORTION OF SENSITIVE AREA TRACT 4 (SAT4) OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 89. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 022204-906 1 YEAR BILLED PAID BALANCE 2017 $ 24.39 $24.39 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2443 ASSESSED VALUE LAND: $1„000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 90. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF GREEN RIVER. 91. ANY CHANGE IN THE BOUNDARY OR LEGAL DESCRIPTION OF THE LAND DESCRIBED HEREIN, DUE TO A SHIFT OR CHANGE IN THE COURSE OF GREEN RIVER. 92. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 93. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 27C 101 BII (6/06) 49 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of thedate of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAN -I) TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 94. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: RIVER PROTECTION AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 6182821 ASSIGNMENT OF SAID EASEMENT TO KING COUNTY, THE CITY OF TUKWILA AND THE GREEN RIVER FLOOD CONTROL ZONE DISTRICT, AS TENANTS IN COMMON, RECORDED UNDER RECORDING NO. 9108210299. 95. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: FLOOD PROTECTION LEVEE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 9109051216 96. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: FLOOD PROTECTION LEVEE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 9109051217 97. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: FLOODWAY IMPROVEMENTS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 9705281239 98. RESTRICTIVE COVENANT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: DUNE 3, 2011 20110603000425 99. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 5, 2011 RECORDING NO.: 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 100. RECORDED EASEMENT ESTABLISHED IN KING COUNTY SUPERIOR COURT AND THE TERMS AND CONDITIONS THEREOF: IN FAVOR OF: PUGET SOUND ENERGY, INC. PURPOSE: ONE OR MORE UTILITY SYSTEMS FOR THE PURPOSE OF TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES CAUSE NO.: 12-2-24254-2 KNT RECORDED: MARCH 12, 2013 RECORDING NO.: 20130312000589 27C101BII (6/06) 50 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 101. AQUATIC LANDS EASEMENT FOR COMPENSATORY MITIGATION USES AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 16, 2014 RECORDING NO.: 20140716001042 102. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000498 103. EASEMENT FOR UNDERGROUND COMMUNICATIONS FACILITIES AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: COMCAST OF WASHINGTON IV, INC. AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 21, 2014 RECORDING NO.: 20141121001572 104. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: FLOOD PROTECTION AND ACCESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 16, 2015 RECORDING NO.: 20150616000300 105. TRAIL EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: PUBLIC BIKE AND PEDESTRIAN PATH AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 16, 2015 RECORDING NO.: 20150716000578 106. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000704 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 023900-0352 (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED): 27C101B11 (6/06) 51 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LANE) TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 107. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 023900-0352 YEAR BILLED PAID BALANCE 2017 $8,047.40 $4,023.70 $4,023.70 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $4,023.70. LEVY CODE: 2443 ASSESSED VALUE LAND: $609,300.00 ASSESSED VALUE IMPROVEMENTS: $0.00 108. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6016781. 109. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: DECEMBER 13, 1999 RECORDING NO.: 19991213000323 110. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS CONDEMNED BY THE CITY OF KENT, IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT. THE RIGHTS OF THE CITY OF KENT WERE TRANSFERRED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 20030207000007. 111. RESTRICTIVE COVENANT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 22, 2006 RECORDING NO.: 20060622001155 REGARDING: HAZARDOUS SUBSTANCES 112. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000813 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 032204-9006 (BEING A PORTION OF LOTS 31, 33, 37 AND 47, AND ALL OF LOT 32 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 27C101BI1(6/06) 52 ALTA Commitment-2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 113. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 032204-9006 YEAR BILLED PAID BALANCE 2017 $74,413.13 $37,206.57 $37,206.56 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $37,206.56. LEVY CODE: 2443 ASSESSED VALUE LAND: $5,625,800.00 ASSESSED VALUE IMPROVEMENTS: $0.00 114. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: RELEASE OF DAMAGE RECORDED: DECEMBER 5, 1902 RECORDING NO.: 248290 THE INTEREST OF WHITE RIVER POWER COMPANY IS NOW HELD OF RECORD BY PACIFIC COAST POWER COMPANY BY INSTRUMENTS RECORDED UNDER RECORDING NOS. 387234 AND 530192. 115. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: FLOOD PROTECTION LEVEE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 9109051216 116. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: UNDERGROUND UTILITY FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 05, 2011 RECORDING NO.: 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 117. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000498 27C101BII (6/06) 53 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 118. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000814 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 032204-9047 (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3) AND A PORTION OF LOT 37 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 119. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 032204-9047 YEAR BILLED PAID 2017 $41,556.03 $20,778.02 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 2443 $3,151,800.00 $0.00 BALANCE $20,778.01 $20,778.01. 120. RELINQUISHMENT OF ALL EASEMENTS EXISTING, FUTURE OR POTENTIAL, FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS TO BE CONSTRUCTED ON LAND CONVEYED BY DEED: TO: DATED: RECORDED: RECORDING NO.: STATE OF WASHINGTON MAY 9, 1960 JUNE 20, 1960 5173316 121. RELINQUISHMENT OF ALL EASEMENTS EXISTING, FUTURE OR POTENTIAL, FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS TO BE CONSTRUCTED ON LAND CONVEYED BY DEED. TO: DATED: RECORDED: RECORDING NO.: STATE OF WASHINGTON APRIL 5, 1966 APRIL 12, 1966 6013508 122. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FELLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508. 27C101BII (6/06) 54 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of thus Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 123. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT. BY: STATE OF WASHINGTON CAUSE NO.: 672088 124. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000815 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 032204-9049 (BEING A PORTION OF RESERVE DRAINAGE TRACT 2, AND A PORTION OF LOTS 22, 23, & 24 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 125. 34SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 032204-9049 YEAR BILLED PAID BALANCE 2017 $ 7.70 $7.70 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 5025 ASSESSED VALUE LAND: $0.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (SAID TAXES ARE ASSESSED TO DRAINAGE DISTRICT #2 OF KING COUNTY) 126. GENERAL TAXES AND POTENTIAL SUPPLEMENTAL ASSESSMENTS, INCLUDING OTHER AMOUNTS DUE THEREUNDER, WHICH RESULTS FROM ANY CHANGE IN TAX EXEMPT STATUS. THE LAND IS CURRENTLY CARRIED ON THE TAX ROLLS AS EXEMPT FROM TAXES. ON THE DATE OF A CONVEYANCE OR CHANGE IN USE WHICH REMOVES IT FROM EXEMPT STATUS, THE LAND WILL BECOME SUBJECT TO GENERAL PROPERTY TAXES FROM THAT DATE FORWARD. IN ADDITION, SUPPLEMENTAL ASSESSMENTS FOR GENERAL PROPERTY TAXES FOR PRIOR YEARS ALSO BE LEVIED AGAINST THE LAND. FOR FURTHER INFORMATION REGARDING THE ABOVE, CONTACT THE COUNTY TREASURER. 127. RESTRICTIVE COVENANT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 03, 2011 RECORDING NO.: 20110603000425 128. RIGHTS OF KING COUNTY AND THE PUBLIC, IF ANY, FOR THE USAGE OF ANY PORTION THEREOF LYING WITHIN ANY ROAD, FOR ROAD PURPOSES. 27C101B11 (6/06) 55 ALTA Commitment-2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 129. PLANTING EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: DRAINAGE DISTRICT NO. 2 OF KING COUNTY WASHINGTON PURPOSE: INSPECTING AND MAINTAINING ITS DRAINAGE DITCHES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JANUARY 31, 2013 RECORDING NO.: 20130131000402 130. ANY QUESTION OF LIABILITY FOR THE VARIANCE BETWEEN THE LOCATION OF "THOSE CERTAIN 30 AND 40 FOOT STRIPS" CONTAINED IN THE LEGAL DESCRIPTION IN SCHEDULE A, AS CONDEMNED AND THE ACTUAL LOCATION OF SAID STRIPS AS CONSTRUCTED. 131. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000816 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 032204-9052 (BEING A PORTION OF LOTS 27 AND 28 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 132. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 032204-9052 YEAR BILLED PAID BALANCE 2017 $2,307.41 $1,153.71 $1,153.70 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,153.70. LEVY CODE: 2443 ASSESSED VALUE LAND: $172,200.00 ASSESSED VALUE IMPROVEMENTS: $0.00 133. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000817 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 032204-9056 (BEING A PORTION OF SENSITIVE AREA TRACT 5 (SATS) AND A PORTION OF LOT 27 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 27C 101 B11(6/06) 56 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 134. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 032204-9056 YEAR BILLED PAID BALANCE 2017 $2,167.88 $1,083.94 $1,083.94 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,083.94. LEVY CODE: 2443 ASSESSED VALUE LAND: $160,000.0,0 ASSESSED VALUE IMPROVEMENTS: $0.00 135. DECLARATION OF NATIVE GROWTH PROTECTION AREA RESTRICTIVE COVENANT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JANUARY 4, 2013 RECORDING NO.: 20130104000276 136. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000818 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 032204-9062 (BEING A PORTION OF SENSITIVE AREA TRACT 5 (SAT5) AND ALL OF LOTS 27 AND 28 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 137. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 032204-9062 YEAR BILLED PAID BALANCE 2017 $2,241.15 $1,120.58 $1,120.57 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,120.57. LEVY CODE: 2443 ASSESSED VALUE LAND: $165,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 27C101BII (6/06) 57 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 138. EASEMENT ESTABLISHED IN KING COUNTY SUPERIOR COURT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY DRAINAGE DISTRICT NO. 2 CAUSE NO.: 47302 PURPOSE: DRAINAGE DITCH AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED 139. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033. 140. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED JANUARY 11, 1966, UNDER RECORDING NO. 5975360. 141. ANY RESTRICTIONS ON THE USE OF ANY PORTION OF THE LAND SUBJECT TO SUBMERGENCE THAT DERIVE FROM THE RIGHTS OF THE PUBLIC AND RIPARIAN OWNERS TO USE ANY WATERS WHICH MAY COVER THAT PORTION. 142. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000819 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 032204-9090 (BEING A PORTION OF LOT 32 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 143. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 032204-9090 YEAR BILLED PAID BALANCE 2017 $2,500.13 $1,250.07 $1,250.06 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,250.06. LEVY CODE: 2443 ASSESSED VALUE LAND: $187,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 27C101BII (6/06) 58 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of thus Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 144. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE CITY OF TUKWILA, A MUNICIPAL CORPORATION PURPOSE: CONSTRUCT, MAINTAIN, REPAIR, OPERATE, PATROL AND REPLACE A FLOOD PROTECTION LEVEE, INCLUDING ALL APPURTENANCES THERETO AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 9109051216 145. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY, WASHINGTON, A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON, THE GREEN RIVER FLOOD CONTROL ZONE DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON, AND THE CITY OF TUKWILA, WASHINGTON, A MUNICIPAL CORPORATION PURPOSE: CONSTRUCT, MAINTAIN, REPAIR, OPERATE, PATROL AND REPLACE A FLOOD PROTECTION LEVEE, INCLUDING ALL APPURTENANCES THERETO AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 05, 1991 RECORDING NO.: 9109051217 146. RELINQUISHMENT OF ALL EASEMENTS EXISTING, FUTURE OR POTENTIAL, FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS TO BE CONSTRUCTED ON LAND CONVEYED BY DEED: TO: STATE OF WASHINGTON RECORDING NO.: 5173316 147. RELINQUISHMENT OF ALL EASEMENTS EXISTING, FUTURE OR POTENTIAL, FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS TO BE CONSTRUCTED ON LAND CONVEYED BY DEED: TO: STATE OF WASHINGTON RECORDING NO.: 6013508 ALSO THE RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED. 148. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: STATE OF WASHINGTON CAUSE NO.: SCC 672088 27C 101 BII (6/06) 59 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. .1.11111111111 AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 149. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000820 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 032204-9092 (BEING A PORTION OF SENSITIVE AREA TRACT 5 (SATS) AND A PORTION OF LOT 26 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 150. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 032204-9092 YEAR BILLED PAID BALANCE 2017 $1,892.56 $946.28 $946.28 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $946.28. LEVY CODE: 2443 ASSESSED VALUE LAND: $139,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 151. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000821 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 032204-9093 (BEING A PORTION OF SENSITIVE AREA TRACT 5 (SATS) AND A PORTION OF LOTS 26, 27 AND 28 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 152. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 032204-9093 YEAR BILLED PAID BALANCE 2017 $3,381.01 $1,690.51 $1,690.50 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,690.50. LEVY CODE: 2443 ASSESSED VALUE LAND: $214,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 27C101BII (6/06) 60 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 153. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & :LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 5, 1983 RECORDING NO.: 8308050923 154. SENSITIVE AREA NOTICE IMPOSED BY INSTRUMENT RECORDED ON APRIL 1, 1994, UNDER RECORDING NO. 9404010495. 155. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: JANUARY 18, 2002 20020118000648 SENSITIVE AREA RESTORATION 156. RESTRICTIVE COVENANT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 03, 2011 RECORDING NO.: 20110603000425 157. THE EFFECT ON THE TITLE AND THE DESCRIPTION OF THE LAND DUE TO THE LOCATION OF "DITCH" CONTAINED IN THE LEGAL DESCRIPTION IN SCHEDULE A. 158. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000822 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 032204-9100 (BEING A PORTION OF LOTS 29, 31, 32, 33, 34 AND 35, AND ALL OF LOT 30 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 159. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2017 BILLED $61,097.89 032204-9100 PAID $30,548.95 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 27C101BII (6/06) 2443 $4,634,400.00 $0.00 BALANCE $30,548.94 $30,548.94. 61 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 160. RELINQUISHMENT OF ALL EASEMENTS EXISTING, FUTURE OR POTENTIAL, FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS TO BE CONSTRUCTED ON LAND CONVEYED BY DEED: TO: STATE OF WASHINGTON DATED: JULY 13, 1960 RECORDED: AUGUST 16, 1960 RECORDING NO.: 5191889 161. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6016780. 162. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS CONDEMNED BY THE CITY OF KENT, IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT. 163. RESTRICTIVE COVENANT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JUNE 22, 2006 RECORDING NO.: 20060622001155 164. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000823 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 262304-9065 (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): 165. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 262304-9065 YEAR 2017 BILLED $ 24.71 PAID $24.71 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: 2390 ASSESSED VALUE LAND: $1,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 27C101BII (6/06) BALANCE $0.00 $0.00. 62 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 166. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STATE OF WASHINGTON PURPOSE: RIGHT, PRIVILEGE AND EASEMENT TO CONSTRUCT AND FOREVER MAINTAIN A DRAINAGE SYSTEM TOGETHER WITH THE NECESSARY APPURTENANCES THERETO AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 6233536 167. SLOPE EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STATE OF WASHINGTON PURPOSE: THE PERPETUAL RIGHT, PERMIT, LICENSE AND EASEMENT TO USE AND OCCUPY THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING DRAINAGE EASEMENT SLOPES IN EXCAVATION AND/OR EMBANKMENT AREA AFFECTED: RECORDING NO.: A PORTION OF SAID PREMISES 6233537 168. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS AND EGRESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 7701050685 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9009 (BEING A PORTION OF SENSITIVE AREA TRACT 1 (SATI) AND A PORTION OF NON -BUILDABLE TRACT 1 (NBT1) OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 169. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2017 BILLED $ 269.98 352304-9009 PAID $134.99 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 2360 $19,400.00 $0.00 BALANCE $134.99 $134.99. 170. SLOPE EASEMENT GRANTED TO STATE OF WASHINGTON RECORDED ON UNDER RECORDING NO. 6240705, TO USE AND OCCUPY THE HEREINAFTER DESCRIBED LANDS FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING DRAINAGE EASEMENT SLOPES IN EXCAVATION AND/OR EMBANKMENT. 27C101BII (6/06) 63 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 171. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: A DRAINAGE SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 6240706 172. LACK OF A RECORDED MEANS OF INGRESS AND EGRESS TO THE LAND FROM A PUBLIC ROAD. 173. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000826 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9013 (BEING A PORTION OF SENSITIVE AREA TRACT 2 (SAT2), A PORTION OF RESERVE DRAINAGE TRACT 1 (RD1) AND A PORTION OF LOTS 40, 41 AND 42 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 174. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9013 YEAR BILLED PAID BALANCE 2017 $5,583.36 $2,791.68 $2,791.68 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $2,791.68. LEVY CODE: 2360 ASSESSED VALUE LAND: $418,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 175. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 20130227900005. NOTE: THE COUNTY ASSESSOR HAS NOT REVISED THE TAXES TO REFLECT SAID BOUNDARY LINE ADJUSTMENT. 176. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY INC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 23, 2013 RECORDING NO.: 20130823001354 27C 101 BII (6/06) 64 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 177. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000499 178. EASEMENT FOR STORM DRAINAGE FACILITY AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 21, 2014 RECORDING NO.: 20141121001570 179. EASEMENT FOR UNDERGROUND COMMUNICATIONS FACILITIES AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: COMCAST OF WASHINGTON IV, INC. AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 21, 2014 RECORDING NO.: 20141121001572 180. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000827 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9015 (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): 181. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9015 YEAR BILLED PAID BALANCE 2017 $57,787.99 $28,894.00 $28,893.99 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $28,893.99. LEVY CODE: 2360 ASSESSED VALUE LAND: $4,335,900.00 ASSESSED VALUE IMPROVEMENTS: $0.00 27C101B11 (6/06) 65 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE Ass OciATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 182. EASEMENT ESTABLISHED IN KING COUNTY SUPERIOR COURT AND THE TERMS AND CONDITIONS THEREOF: CAUSE NO.: PURPOSE: AREA AFFECTED: 423664 (DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 4441601) EASEMENT AND WATER RIGHTS A PORTION OF SAID PREMISES 183. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: CAUSE NO.: STATE OF WASHINGTON 590470 AND 591996 184. SEWER AND STORM WATER DRAINAGE EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 24, 2010 RECORDING NO.: 20100524000272 185. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY PURPOSE: UTILITY SYSTEMS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 05, 2011 RECORDING NO.: 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 186. UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: HIGHLINE WATER DISTRICT PURPOSE: A WATER PIPELINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 26, 2013 RECORDING NO.: 20130226001728 187. FACILITIES EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: IN FAVOR OF: COMCAST OF WASHINGTON IV, INC. REGARDING: UNDERGROUND COMMUNICATIONS, BROADBAND, CABLE TELEVISION SYSTEM OR OTHER SIMILAR FACILITIES RECORDED: JULY 15, 2013 RECORDING NO.: 20130715001435 27C101BII (6/06) 66 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted. under license from the American Land Title Association. AMERICAN LAND TITLE ZiUCIATIUN File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 188. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: ONE OR MORE UTILITY SYSTEMS FOR THE PURPOSE OF TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 23, 2013 RECORDING NO.: 20130823001354 189. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMIMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000498 190. EASEMENT FOR STORM DRAINAGE FACILITY AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 21, 2014 RECORDING NO.: 20141121001570 191. EASEMENT FOR UNDERGROUND COMMUNICATIONS FACILITIES AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: COMCAST OF WASHINGTON IV, INC. AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 21, 2014 RECORDING NO.: 20141121001572 192. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000828 193. DECLARATION OF LAND USE RESTRICTION AND REAL PROPERTY COVENANT AND THE TERMS AND CONDITIONS THEREOF: IN FAVOR OF: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY; UNITED STATES ARMY CORPS OF ENGINEERS RECORDED: OCTOBER 12, 2015 RECORDING NO.: 20151012000082 194. WETLAND MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: IN FAVOR OF: CITY OF TUKWILA RECORDED: NOVEMBER 6, 2015 RECORDING NO.: 20151106000557 27C101BII (6/06) 67 ALTA Commitment-2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LANE) TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9016 (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3), A PORTION OF LOT 46 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 195. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9016 YEAR 2017 BILLED $ 25.09 PAID $2;i.09 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: 2361 ASSESSED VALUE LAND: $1,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 BALANCE $0.00 $0.00. 196. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STATE OF WASHINGTON PURPOSE: INGRESS AND EGRESS FOR THE CONSTRUCTION OF ANY ROAD, STREET OR HIGHWAY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 5482320 197. RELINQUISHMENT OF ALL EASEMENTS EXISTING, FUTURE OR POTENTIAL, FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS TO BE CONSTRUCTED ON LAND CONVEYED BY DEED: TO: STATE OF WASHINGTON DATED: AUGUST 21, 1962 RECORDED: SEPTEMBER 20, 1962 RECORDING NO.: 5482326 198. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: STATE OF WASHINGTON CAUSE NO.: 672088 199. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STATE OF WASHINGTON PURPOSE: DRAINAGE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 5706242 SAID INSTRUMENT SUPERCEDES INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 5643148. 27C101BII (6/06) 68 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERIC LAND TITLANE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 200. THE EFFECT ON THE TITLE AND THE DESCRIPTION OF THE LAND DUE TO TIE LOCATION OF "PRIMARY STATE HIGHWAY" CONTAINED IN THE LEGAL DESCRIPTION IN SCHEDULE A. 201. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000829 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9017 (BEING A PORTION OF LOTS 43 AND 44 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 202. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9017 YEAR BILLED PAID BALANCE 2017 $10,457.73 $5,228.87 $5,228..86 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $5,228.86. LEVY CODE: 2360 ASSESSED VALUE LAND: $784,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 203. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000830 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9019 (BEING A PORTION OF LOTS 43 AND 44 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 204. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9019 YEAR BILLED 2017 $ 26.05 PAID $26..05 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: 2360 ASSESSED VALUE LAND: $1,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 BALANCE $0.00 $0.00. 27C101BII (6/06) 69 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 205. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 20130227900005. NOTE: THE COUNTY ASSESSOR HAS NOT REVISED THE TAXES TO REFLECT SAID BOUNDARY LINE ADJUSTMENT. 206. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 23, 2013 RECORDING NO.: 20130823001354 207. EASEMENT FOR STORM DRAINAGE FACILITY AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 21, 2014 RECORDING NO.: 20141121001570 208. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000673 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9025 (BEING A PORTION OF SENSITIVE AREA TRACT 1 (SAT1) AND A PORTION OF LOT 2 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 209. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9025 YEAR BILLED PAID BALANCE 2017 $3,316.89 $1,658.45 $1,658.44 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,658.44. LEVY CODE: 2360 ASSESSED VALUE LAND: $248,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 27C101BII (6/06) 70 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 210. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: STATE OF WASHINGTON CAUSE NO.: 596587 211. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PACIFIC NORTHWEST BELL TELEPHONE COMPANY, A WASHINGTON CORPORATION PURPOSE: AERIAL COMMUNICATION CABLES AND POLES AREA AFFECTED: SOUTHWESTERLY PORTION OF SAID PROPERTY RECORDED: JUNE 4, 1986 RECORDING NO.: 8606040808 212. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED RECORDED: OCTOBER 13, 1986 RECORDING NO.: 8610130422 213. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WASHINGTON NATURAL GAS COMPANY, A WASHINGTON CORPORATION PURPOSE: GAS PIPELINE OR PIPELINES AREA AFFECTED: THAT PORTION OF SOUTH 178TH STREET BEING VACATED BY VACATION PETITION NO. V-1909, LYING SOUTH OF AND ADJACENT TO THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING NORTHERLY OF SAID SOUTH 178TH STREET AND EASTERLY OF P.S.H. NO. 1, AS CONVEYED IN KING COUNTY SUPERIOR COURT CAUSE NO. 5965587 AND WESTERLY OF SOUTHCENTER PARKWAY RECORDED: APRIL 8, 1987 RECORDING NO.: 8704081248 214. RESERVATIONS IN VACATION ORDINANCE AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: KING COUNTY AT THE REQUEST OF THE STATE OF WASHINGTON PURPOSE: SLOPES FOR BOTH CUTS AND FILLS AND THE OTHER LISTED RESERVATIONS, RIGHTS AND AGREEMENTS AREA AFFECTED: VACATED SOUTH 178TH STREET RECORDED: MARCH 22, 2002 RECORDING NO.: 20020322001963 27C 101 BII (6/06) 71 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of thus Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. MOMMI AMERICAN LAND TITLE «aaATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 215. PRIVATE EASEMENTS RIGHTS, IF ANY, OF ADJACENT OWNERS OVER VACATED STREETS AND ALLEYS; UNRECORDED, COMMON LAW, PRIVATE EASEMENT RIGHTS MAY PERSIST DESPITE CESSATION OF PUBLIC EASEMENT BY: 1) NON -USER STATUTE, RCW 36.87.090; OR 2) BY VACATION OR RELEASE OF PUBLIC INTEREST. 216. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000672 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9027 (BEING A PORTION OF SENSITIVE AREA TRACT 1 (SAT1) OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 217. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9027 YEAR BILLED PAID BALANCE 2017 $ 24.22 $24.22 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2360 ASSESSED VALUE LAND: $1,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 218. SLOPE EASEMENT GRANTED TO STATE OF WASHINGTON RECORDED ON UNDER RECORDING NO. 6240705, TO USE AND OCCUPY THE HEREINAFTER DESCRIBED LANDS FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING DRAINAGE EASEMENT SLOPES IN EXCAVATION AND/OR EMBANKMENT. 219. DRAINAGE EASEMENT AND THE TERMS AND CONDITIONS THEREOF: IN FAVOR OF: STATE OF WASHINGTON PURPOSE: RIGHT, PRIVILEGE AND EASEMENT TO CONSTRUCT AND FOREVER MAINTAIN A DRAINAGE SYSTEM INCLUDING CULVERTS AND DITCHES, BUT NOT EXCLUSIVE THERETO OVER, ACROSS AND UPON THAT PORTION OF THE PROPERTY HEREIN DESCRIBED AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 6240706 220. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WASHINGTON NATURAL GAS COMPANY PURPOSE: GAS PIPELINE OR PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 8, 1987 RECORDING NO.: 8704081248 27C 101 BII (6/06) 72 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 221. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000674 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9032 (BEING A PORTION OF LOT 3 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH) 222. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9032 YEAR BILLED PAID BALANCE 2017 $3,115.62 $1,5.57.81 $1,557.81 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,557.81. LEVY CODE: 2360 ASSESSED VALUE LAND: $233,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 223. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: POLE LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 10, 1929 RECORDING NO.: 2554741 SAID INSTRUMENT RECITES THAT IT SUPERSEDES AND REPLACES EASEMENT RECORDED UNDER RECORDING NO. 1869453 (VOLUME 1239 OF DEEDS, PAGE 145). 224. INTENTIONALLY DELETED. 225. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000675 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9125 (BEING A PORTION OF SENSITIVE AREA TRACT 2 (SAT2) OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 27C101BII (6/06) 73 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ..1.1111111 AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 226. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9125 YEAR 2017 BILLED $1,809.96 PAID $904.98 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: 2360 ASSESSED VALUE LAND: $135,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 BALANCE $904.98 $904.98. 227. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000695 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9034 (BEING A PORTION OF SENSITIVE AREA TRACT 2 (SAT2), A PORTION OF NON -BUILDABLE TRACT 2 (NBT2), A PORTION OF RESERVE DRAINAGE TRACT 1 (RD1), AND A PORTION OF LOTS 40, 41 AND 42 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 228. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9034 YEAR BILLED PAID BALANCE 2017 $7,624.82 $3,812.41 $3,812.41 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $3,812.41. LEVY CODE: 2360 ASSESSED VALUE LAND: $571,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 229. EASEMENT ESTABLISHED IN KING COUNTY SUPERIOR COURT AND THE TERMS AND CONDITIONS THEREOF: CAUSE NO.: PURPOSE: AREA AFFECTED: 27C101BII (6/06) 423664 (DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 4441601) EASEMENT AND WATER RIGHTS A PORTION OF SAID PREMISES 74 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LANE) TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 230. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: STATE OF WASHINGTON CAUSE NO.: 590470 AND 591996 231. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: NO PROTEST OF WATER LID OR ULID RECORDED: NOVEMBER 30, 1995 RECORDING NO.: 9511300431 232. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: NO PROTEST OF SEWER LID OR ULID RECORDED: APRIL 18, 1996 RECORDING NO.: 9604180927 233. INTENTIONALLY DELETED. 234. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: NO PROTEST OF WATER LID OR ULID RECORDED: MARCH 13, 1997 RECORDING NO.: 9703130974 235. INTENTIONALLY DELETED. 236. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: ONE OR MORE UTILITY SYSTEMS FOR THE PURPOSE OF TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 23, 2013 RECORDING NO.: 20130823001354 237. EASEMENT FOR STORM DRAINAGE FACILITY AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 21, 2014 RECORDING NO.: 20141121001570 238. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000676 27C101BII (6/06) 75 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9036 (BEING A PORTION OF LOTS 5, 6 & 7 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 239. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9036 YEAR BILLED PAID BALANCE 2017 $22,625.17 $11,312.59 $11,312.58 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $11,312.58. LEVY CODE: 2360 ASSESSED VALUE LAND: $1,673,200.00 ASSESSED VALUE IMPROVEMENTS: $23,700.00 240. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WATER DISTRICT NO. 75, KING COUNTY PURPOSE: WATER PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 17, 1979 RECORDING NO.: 7904171207 241. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 8505090619. 242. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: PERMANENT RIGHT OF ENTRY FOR INSPECTION, MAINTENANCE AND REPAIR OF FLOOD CONTROL LEVEE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 06, 1994 RECORDING NO.: 9404060591 243. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9906099010. 27C 101 BII (6/06) 76 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION SCHEDULE B — Section II (Continued) 244. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: File No.: 20368867-410-KA6 PUGET SOUND ENERGY, INC. TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY A PORTION OF SAID PREMISES AUGUST 5, 2011 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 245. UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: HIGHLINE WATER DISTRICT PURPOSE: A WATER PIPELINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 26, 2013 RECORDING NO.: 20130226001728 246. EASEMENT FOR UNDERGROUND COMMUNICATIONS FACILITIES AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: AREA AFFECTED: RECORDED: RECORDING NO.: COMCAST OF WASHINGTON IV, INC. A PORTION OF SAID PREMISES NOVEMBER 21, 2014 20141121001572 247. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000677 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9038 (BEING A PORTION OF SENSITIVE AREA TRACT 1 (SAT1) AND A PORTION OF LOTS 1 & 2 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH AND OTHER PROPERTY): 248. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9038 YEAR BILLED PAID 2017 $3,146.80 $1,573.40 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: 2360 ASSESSED VALUE LAND: $235,300.00 ASSESSED VALUE IMPROVEMENTS: $0.00 27C101BII (6/06) BALANCE $1,573.40 $1,573.40. 77 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 249. SLOPE EASEMENT GRANTED TO STATE OF WASHINGTON RECORDED ON UNDER RECORDING NO. 6240705, TO USE AND OCCUPY THE HEREINAFTER DESCRIBED LANDS FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING DRAINAGE EASEMENT SLOPES IN EXCAVATION AND/OR EMBANKMENT. 250. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: 251. EASEMENT AND THE GRANTEE: PURPOSE: AREA AFFECTED: THE CITY OF TUKWILA UTILITY MAINS AND LINES A PORTION OF SAID PREMISES MAY 06, 1968 6343861 TERMS AND CONDITIONS THEREOF: WASHINGTON NATURAL GAS COMPANY, A WASHINGTON CORPORATION GAS PIPELINE OR PIPELINES THAT PORTION OF SOUTH 178TH STREET BEING VACATED BY VACATION PETITION NO. V-1909, LYING SOUTH OF AND ADJACENT TO THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING NORTHERLY OF SAID SOUTH 178TH STREET AND EASTERLY OF P.S.H. NO. 1, AS CONVEYED IN KING COUNTY SUPERIOR COURT CAUSE NO. 5965587 AND WESTERLY OF SOUTHCENTER PARKWAY RECORDED: APRIL 8, 1987 RECORDING NO.: 8704081248 252. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 20130227900005. NOTE: THE COUNTY ASSESSOR HAS NOT REVISED THE TAXES TO REFLECT SAID BOUNDARY LINE ADJUSTMENT. 253. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000678 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO.352304-9041 (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): 27C 101 BII (6/06) 78 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 254. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9041 YEAR BILLED PAID BALANCE 2017 $83,191.73 $41,595.87 $41,595.86 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $41,595.86. LEVY CODE: 2361 ASSESSED VALUE LAND: $6,241,900.00 ASSESSED VALUE IMPROVEMENTS: $0.00 255. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: RELEASE OF DAMAGES RECORDED: DECEMBER 03, 1902 RECORDING NO.: 248290, VOLUME 325 OF DEEDS, PAGE 613 256. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: POLE LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 10, 1929 RECORDING NO.: 2554741 SAID INSTRUMENT RECITES THAT IT SUPERSEDES AND REPLACES EASEMENT RECORDED UNDER RECORDING NO. 1869453 (VOLUME 1239 OF DEEDS, PAGE 145). 257. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: RIVER PROTECTION AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 5113279 258. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE GREEN RIVER FLOOD CONTROL ZONE DISTRICT AND THE CITY OF TACOMA PURPOSE: CONSTRUCT, MAINTAIN, REPAIR, OPERATE, PATROL AND REPLACE A FLOOD PROTECTION LEVEE, INCLUDING ALL APPURTENANCES THERETO AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 05, 1991 RECORDING NO.: 9109051218 27C101BII (6/06) 79 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 259. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 5, 2011 RECORDING NO.: 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 260. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF GREEN RIVER. 261. ANY CHANGE IN THE BOUNDARY OR LEGAL DESCRIPTION OF THE LAND DESCRIBED HEREIN, DUE TO A SHIFT OR CHANGE IN THE COURSE OF GREEN RIVER. 262. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 263. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 264. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000498 265. EASEMENT FOR UNDERGROUND COMMUNICATIONS FACILITIES AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: COMCAST OF WASHINGTON IV, INC. AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 21, 2014 RECORDING NO.: 20141121001572 266. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: FLOOD PROTECTION AND ACCESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 16, 2015 RECORDING NO.: 20150616000300 27C101BII (6/06) 80 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 267. TRAIL EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: PUBLIC BIKE AND PEDESTRIAN PATH AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 16, 2015 RECORDING NO.: 20150716000578 268. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000680 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9045 (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3) AND A PORTION OF LOTS 16, 36 & 37 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 269. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9045 YEAR BILLED PAID BALANCE 2017 $6,882.71 $3,441.36 $3,441.35 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $3,441.35. LEVY CODE: 2360 ASSESSED VALUE LAND: $515,700.00 ASSESSED VALUE IMPROVEMENTS: $0.00 270. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: POLE LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 10, 1929 RECORDING NO.: 2554741 SAID INSTRUMENT RECITES THAT IT SUPERSEDES AND REPLACES EASEMENT RECORDED UNDER RECORDING NO. 1869453 (VOLUME 1239 OF DEEDS, PAGE 145). 27C 101 BII (6/06) 81 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA olimml members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LANDRICATIT E Title Association. ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 271. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 5, 2011 RECORDING NO.: 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 272. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000681 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9049 (BEING A PORTION OF LOT 37 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 273. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9049 YEAR BILLED PAID BALANCE 2017 $1,005.13 $502.57 $502.556 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $502.56. LEVY CODE: 2360 ASSESSED VALUE LAND: $74,600.00 ASSESSED VALUE IMPROVEMENTS: $0.00 274. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: POLE LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 10, 1929 RECORDING NO.: 2554741 SAID INSTRUMENT RECITES THAT IT SUPERSEDES AND REPLACES EASEMENT RECORDED UNDER RECORDING NO. 1869453 (VOLUME 1239 OF DEEDS, PAGE 145). 27C 101 BII (6/06) 82 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 275. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WATER DISTRICT NO. 75 PURPOSE: WATER PIPELINE SYSTEM AREA AFFECTED: SOUTH 20 FEET OF SAID PREMISES RECORDED: APRIL 22, 1963 RECORDING NO.: 5573073 276. SEWER AND STORM WATER DRAINAGE EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 24, 2010 RECORDING NO.: 20100524000272 277. LACK OF A RECORDED EASEMENT PROVIDING ACCESS TO THE LANDS HEREIN DESCRIBED FROM ANY PUBLIC ROAD. 278. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000682 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9050 (BEING A PORTION OF LOT 37 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 279. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9050 YEAR BILLED PAID BALANCE 2017 $4,260.37 $2,130.19 $2,130.18 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $2,130.18. LEVY CODE: 2360 ASSESSED VALUE LAND: $318,900.00 ASSESSED VALUE IMPROVEMENTS: $0.00 280. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: POLE LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 10, 1929 RECORDING NO.: 2554741 SAID INSTRUMENT RECITES THAT IT SUPERSEDES AND REPLACES EASEMENT RECORDED UNDER RECORDING NO. 1869453 (VOLUME 1239 OF DEEDS, PAGE 145). 27C101BII (6/06) 83 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 281. SEWER AND STORM WATER DRAINAGE EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 24, 2010 RECORDING NO.: 20100524000272 282. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 5, 2011 RECORDING NO.: 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 283. THE EFFECT ON THE TITLE AND THE DESCRIPTION OF THE LAND DUE TO THE LOCATION OF "COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH)" CONTAINED IN THE LEGAL DESCRIPTION IN SCHEDULE A. 284. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000498 285. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000683 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9051 (BEING A PORTION OF SENSITIVE AREA TRACT 2 (SAT2) AND A PORTION OF LOT 37 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 27C101BII (6/06) 84 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 286. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9051 YEAR BILLED PAID BALANCE 2017 $ 26.85 $26.85 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2360 ASSESSED VALUE LAND: $1,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 287. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: POLE LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 10, 1929 RECORDING NO.: 2554741 SAID INSTRUMENT RECITES THAT IT SUPERSEDES AND REPLACES EASEMENT RECORDED UNDER RECORDING NO. 1869453 (VOLUME 1239 OF DEEDS, PAGE 145). 288. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: STATE OF WASHINGTON CAUSE NO.: 590470 289. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: WATER SUPPLY SYSTEM RECORDED: AUGUST 27, 1974 RECORDING NO.: 7408270565 290. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WATER DISTRICT NO. 75 PURPOSE: WATER PIPELINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: DECEMBER 20, 1974 RECORDING NO.: 7412200369 291. SEWER AND STORM WATER DRAINAGE EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 24, 2010 RECORDING NO.: 20100524000272 292. LACK OF A RECORDED EASEMENT PROVIDING ACCESS TO THE LANDS HEREIN DESCRIBED FROM ANY PUBLIC ROAD. 27C101BII (6/06) 85 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 293. CITY OF TUKWILA ORDINANCE 2441 AND THE 1'F,RMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000684 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9065 (BEING A PORTION OF LOT 38 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 294. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9065 YEAR BILLED PAID BALANCE 2017 $ 24.19 $24.19 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 2361 ASSESSED VALUE LAND: $1,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 295. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: STATE OF WASHINGTON CAUSE NO.: 672088 296. THE EFFECT ON THE TITLE AND THE DESCRIPTION OF THE LAND DUE TO THE LOCATION OF "PRIMARY STATE HIGHWAY" CONTAINED IN THE LEGAL DESCRIPTION IN SCHEDULE A. 297. LACK OF A RECORDED EASEMENT PROVIDING ACCESS TO THE LANDS HEREIN DESCRIBED FROM ANY PUBLIC ROAD. 298. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000685 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9066 (BEING A PORTION OF LOT 38 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 27C101B11 (6/06) 86 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 299. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9066 YEAR 2017 BILLED $ 24.22 PAID $24.22 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: 2361 ASSESSED VALUE LAND: $1,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 300. INTENTIONALLY DELETED. BALANCE $0.00 $0.00. 301. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: STATE OF WASHINGTON CAUSE NO.: 672088 302. THE EFFECT ON THE TITLE AND THE DESCRIPTION OF THE LAND DUE TO THE LOCATION OF "PRIMARY STATE HIGHWAY" CONTAINED IN THE LEGAL DESCRIPTION IN SCHEDULE A. 303. LACK OF A RECORDED EASEMENT PROVIDING ACCESS TO THE LANDS HEREIN DESCRIBED FROM ANY PUBLIC ROAD. 304. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000686 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9068 (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3) AND A PORTION OF LOTS 37 AND 39 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 27C101BII (6/06) 87 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 305. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9068 YEAR BILLED PAID 2017 $28,494.35 $14,247.18 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 2360 $1,652,600.00 $484,300.00 BALANCE $14,247.17 $14,247.17. 306. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STATE OF WASHINGTON PURPOSE: INGRESS AND EGRESS FOR THE CONSTRUCTION OF ANY ROAD, STREET OR HIGHWAY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 5482320 307. RELINQUISHMENT OF ALL EASEMENTS EXISTING, FUTURE OR POTENTIAL, FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS TO BE CONSTRUCTED ON LAND CONVEYED BY DEED: TO: DATED: RECORDED: RECORDING NO.: STATE OF WASHINGTON AUGUST 21, 1962 SEPTEMBER 20, 1962 5482326 308. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: STATE OF WASHINGTON CAUSE NO.: 672088 309. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: PUGET SOUND ENERGY, INC. TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY A PORTION OF SAID PREMISES AUGUST 5, 2011 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 27C101BII (6/06) 88 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 1111111111.. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 310. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000498 311. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000687 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9078 (BEING A PORTION OF SENSITIVE AREA TRACT 3 (SAT3) AND A PORTION OF LOT 39 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 312. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9078 YEAR 2017 BILLED $ 24.26 PAID $24.26 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: 2360 ASSESSED VALUE LAND: $1,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 313. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: BALANCE $0.00 $0.00. GRANTEE: STATE OF WASHINGTON PURPOSE: INGRESS AND EGRESS FOR THE CONSTRUCTION OF ANY ROAD, STREET OR HIGHWAY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 5482320 314. RELINQUISHMENT OF ALL EASEMENTS EXISTING, FUTURE OR POTENTIAL, FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS TO BE CONSTRUCTED ON LAND CONVEYED BY DEED: TO: STATE OF WASHINGTON DATED: AUGUST 21, 1962 RECORDED: SEPTEMBER 20, 1962 RECORDING NO.: 5482326 27C101BII (6/06) 89 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 315. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT: BY: CAUSE NO.: STATE OF WASHINGTON 672088 316. THE EFFECT ON THE TITLE AND THE DESCRIPTION OF THE LAND DUE TO THE LOCATION OF "PRIMARY STATE HIGHWAY" CONTAINED IN THE LEGAL DESCRIPTION IN SCHEDULE A. 317. LACK OF A RECORDED EASEMENT PROVIDING ACCESS TO THE LANDS HEREIN DESCRIBED FROM ANY PUBLIC ROAD. 318. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000688 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9090 (BEING A PORTION OF LOT 2 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 319. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9090 YEAR BILLED PAID BALANCE 2017 $2,451.05 $1,225.53 $1,225.52 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,225.52. LEVY CODE: 2360 ASSESSED VALUE LAND: $62,000.00 ASSESSED VALUE IMPROVEMENTS: $121,000.00 320. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 23, 2013 RECORDING NO.: 20130823001354 321. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000689 27C101BII (6/06) 90 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. INMENI AMERICAN LAND TITLE Ai50CIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9109 (BEING A PORTION OF LOT 2 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 322. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2017 BILLED $3,116.22 352304-9109 PAID BALANCE $1,558.11 $1,558.11 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 2360 $233,000.00 $0.00 323. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: $1,558.11. TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY A PORTION OF SAID PREMISES AUGUST 23, 2013 20130823001354 324. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000499 325. EASEMENT FOR UNDERGROUND COMMUNICATIONS FACILITIES AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: AREA AFFECTED: RECORDED: RECORDING NO.: COMCAST OF WASHINGTON IV, INC. A PORTION OF SAID PREMISES NOVEMBER 21, 2014 20141121001572 326. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000690 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9116 (BEING A PORTION OF LOTS 6 & 7 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 27C 101 BII (6/06) 91 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 327. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.:' YEAR 2017 BILLED $14,715.62 352304-9116 PAID $7,357.81 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 2360 $912,600.00 $190,800.00 BALANCE $7,357.81 $7,357.81. 328. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF GREEN (WHITE RIVER). 329. ANY CHANGE IN THE BOUNDARY OR LEGAL DESCRIPTION OF THE LAND DESCRIBED HEREIN, DUE TO A SHIFT OR CHANGE IN THE COURSE OF GREEN (WHITE) RIVER. 330. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 331. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 332. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: RIP -RAP BANK PROTECTION AREA AFFECTED: ALONG THE LEFT BANK OF GREEN RIVER RECORDED: NOVEMBER 10, 1960 RECORDING NO.: 5222051 333. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: BANK PROTECTION AND/OR OTHER FLOOD CONTROL WORKS AREA AFFECTED: 30 FOOT STRIP ALONG THE LEFT BANK OF GREEN RIVER RECORDED: MAY 11, 1966 RECORDING NO.: 6027013 NOTE: RIVER PROTECTION EASEMENT ASSIGNMENT AS TENANTS IN COMMON, RECORDED UNDER KING COUNTY RECORDING NO. 9108210298 AND 9110310987. 27C101BII (6/06) 92 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 334. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: BANK PROTECTION AN/DO OTHER FLOOD CONTROL WORKS AREA AFFECTED: 30 FOOT STRIP ALONG THE LEFT BANK OF GREEN RIVER RECORDED: MAY 11, 1966 RECORDING NO.: 6027015 NOTE: RIVER PROTECTION EASEMENT ASSIGNMENT AS TENANTS IN COMMON RECORDED UNDER KING COUNTY RECORDING NO. 9108210298 AND 9110310987. 335. AGREEMENT AND TI-IE TERMS AND CONDITIONS THEREOF: REGARDING: CONDITIONS UNDER WHICH DISTRICT WILL PROVIDE WATER SERVICE RECORDED: AUGUST 27, 1974 RECORDING NO.: 7408270565 336. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WATER DISTRICT NO. 75 PURPOSE: WATER PIPELINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: DECEMBER 20, 1974 RECORDING NO.: 7412200369 NOTE: NO EXHIBIT "A" WAS RECORDED WITH SAID INSTRUMENT. 337. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WATER DISTRICT NO. 75 PURPOSE: WATER PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MARCH 2, 1978 RECORDING NO.: 7803020870 338. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WATER DISTRICT NO. 75, KING COUNTY PURPOSE: WATER PIPELINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 17, 1979 RECORDING NO.: 7904171207 339. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC LINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 27, 1983 RECORDING NO.: 8305270544 340. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 8505090619. 27C101BII (6/06) 93 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 341. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: PERMANENT RIGHT -OF -ENTRY RECORDED: SEPTEMBER 11, 1990 RECORDING NO.: 9009110868 342. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: PERMANENT RIGHT OF ENTRY FOR INSPECTION, MAINTENANCE AND REPAIR OF FLOOD CONTROL LEVEE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 06, 1994 RECORDING NO.: 9404060591 343. DECLARATION OF EASEMENT AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON JUNE 7, 1999, UNDER RECORDING NO. 9906072075. 344. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9906099010. 345. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT NO. L02-029, RECORDED UNDER RECORDING NO. 20021007900001. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 346. EASEMENT AGREEMENT AND THE TERMS AND CONDDITIONS THEREOF: IN FAVOR OF: CITY OF TUKWILA AND KING COUNTY FLOOD CONTROL ZONE DISTRICT REGARDING: FLOOD PROTECTION AND ACCESS ROAD RECORDED: NOVEMBER 17, 2011 RECORDING NO.: 20111117000949 SAID AGREEMENT IS A RE-RECORDING OF THE AGREEMENT RECORDED UNDER RECORDING NO. 20080604000332. 347. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT NO. L11-030 RECORDED UNDER RECORDING NO. 20120125900002. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 27C 101 BII (6/06) 94 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 348. UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: HIGHLINE WATER DISTRICT PURPOSE: A WATER PIPELINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 26, 2013 RECORDING NO.: 20130226001728 349. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC PURPOSE: UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 2, 2014 RECORDING NO.: 20141002000498 350. EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: FLOOD PROTECTION AND ACCESS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 16, 2015 RECORDING NO.: 20150616000300 351. TRAIL EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF TUKWILA PURPOSE: PUBLIC BIKE AND PEDESTRIAN PATH AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 16, 2015 RECORDING NO.: 20150716000578 352. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000691 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9117 (BEING A PORTION OF LOT 16 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH): 27C101BI1 (6/06) 95 ALTA Commitment-2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 111111.1.11111 AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 353. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELTNNQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9117 YEAR 2017 BILLED $ 815.46 PAID $407.73 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: 2361 ASSESSED VALUE LAND: $60,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 354. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: RELEASE OF DAMAGES RECORDED: DECEMBER 03, 1902 RECORDING NO.: 248290, VOLUME 325 OF DEEDS, PAGE 613 BALANCE $407.73 $407.73. 355. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: POLE LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 10, 1929 RECORDING NO.: 2554741 SAID INSTRUMENT RECITES THAT IT SUPERSEDES AND REPLACES EASEMENT RECORDED UNDER RECORDING NO. 1869453 (VOLUME 1239 OF DEEDS, PAGE 145). 356. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: TELEPHONE POLE LINE RIGHT-OF-WAY SYSTEM AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED RECORDING NO.: 2780459 357. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: FLOOD PROTECTION LEVEE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 9109051217 27C101BII (6/06) 96 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 358. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE GREEN RIVER FLOOI) CONTROL ZONE DISTRICT AND THE CITY OF TACOMA CONSTRUCT, MAINTAIN, REPAIR, OPERATE, PATROL AND REPLACE A FLOOD PROTECTION LEVEE, INCLUDING ALL APPURTENANCES THERETO A PORTION OF SAID PREMISES SEPTEMBER 05, 1991 9109051218 PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: 359. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000692 THE FOLLOWING EXCEPTIONS AFFECT TAX PARCEL NO. 352304-9118 (BEING A PORTION OF LOTS 3 AND 4 OF THE PRELIMINARY PLAT OF TUKWILA SOUTH)„ 360. 34GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 352304-9118 YEAR BILLED PAID 2017 $35,698.48 $17,849.24 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 2360 $2,658,800.00 $19,300.00 361. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: KING COUNTY RIP -RAP BANK PROTECTION ALONG THE LEFT BANK OF GREEN RIVER NOVEMBER 10, 1960 5222051 BALANCE $17,849.24 $17,849.24. 362. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC LINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 27, 1983 RECORDING NO.: 8305270544 27C 101 BII (6/06) 97 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 363. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 8505090619. 364. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: PERMANENT RIGHT -OF -ENTRY RECORDED: SEPTEMBER 11, 1990 RECORDING NO.: 9009110868 365. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: PERMANENT RIGHT OF ENTRY FOR INSPECTION, MAINTENANCE AND REPAIR OF FLOOD CONTROL LEVEE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 06, 1994 RECORDING NO.: 9404060591 366. DECLARATION OF EASEMENT AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON JUNE 07, 1999, UNDER RECORDING NO. 9906072075. 367. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9906099010. 368. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: PUGET SOUND ENERGY, INC. TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY A PORTION OF SAID PREMISES AUGUST 5, 2011 20110805000050 AND AMENDMENT THERETO: RECORDED: MAY 11, 2012 RECORDING NO.: 20120511000340 369. EASEMENT AND THE GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: TERMS AND CONDITIONS THEREOF: QWEST CORPORATION, A COLORADO CORPORATION DBA CENTURYLINK QC UNDERGROUND TELECOMMUNICATIONS FACILITIES AND ELECTRICAL FACILITIES A PORTION OF SAID PREMISES OCTOBER 2, 2014 20141002000498 27C101BII (6/06) 98 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE As File No.: 20368867-410-KA6 SCHEDULE B — Section II (Continued) 370. EASEMENT FOR UNDERGROUND COMMUNICATIONS FACILITIES AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: COMCAST OF WASHINGTON IV, INC. AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 21, 2014 RECORDING NO.: 20141121001572 371. CITY OF TUKWILA ORDINANCE 2441 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: ESTABLISHING SEWER CONNECTION FEES RECORDED: SEPTEMBER 2, 2015 RECORDING NO.: 20150902000693 THE FOLLOWING EXCEPTIONS AFFECT ALL PARCELS: 372. ORDINANCE NO. 2233 AND THE TERMS AND CONDITIONS THEREOF: REGARDING: DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC FOR THE "TUKWILA SOUTH PROJECT" RECORDED: JUNE 17, 2009 AND JULY 26, 2010 RECORDING NO.: 20090617000114 AND 20100726001100, RESPECTIVELY ORDINANCE NO. 2289 ADOPTING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT, RECORDED UNDER RECORDING NO. 20100726001101. AND AMENDMENTS THERETO: RECORDED: FEBRUARY 28, 2013 AND JUNE 24, 2014 RECORDING NO.: 20130228000691, 20130228000692 AND 20140624000980, RESPECTIVELY 373. EASEMENTS AND COVENANTS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: DECEMBER 1, 2015 RECORDING NO.: 20151201001414 374. UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 375. MATTERS RELATING TO THE QUESTIONS OF SURVEY, RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIEN RIGHTS FOR LABOR AND MATERIAL, IF ANY, THE DISPOSITION OF WHICH WILL BE FURNISHED BY SUPPLEMENTAL REPORT. END OF SCHEDULE B — SECTION II 27C101BII (6/06) 99 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION File No.: 20368867-410-KA6 NOTES NOTE 1: THE COMPANY HAS BEEN ASKED TO ISSUE AN OWNER'S POLICY WITHOUT DISCLOSURE OF THE LIABILITY AMOUNT. THIS COMMITMENT SHALL BE EFFECTIVE ONLY WHEN THE AMOUNT OF THE POLICY COMMITTED FOR HAS BEEN INSERTED IN SCHEDULE A HEREOF. THE FORTHCOMING POLICY MUST BE ISSUED IN AN AMOUNT AT LEAST EQUAL TO THE FULL VALUE OF THE ESTATE INSURED IN ACCORDANCE WITH OUR RATING SCHEDULE ON FILE IN THE OFFICE OF THE WASHINGTON STATE INSURANCE COMMISSIONER. THE COMPANY MAY HAVE FURTHER REQUIREMENTS IF THE UNDISCLOSED AMOUNT TO BE INSURED EXCEEDS THE CURRENT ASSESSED VALUATION. NOTE 2: TITLE WILL BE VESTED IN PARTIES YET TO BE DISCLOSED. WHEN TITLE IS VESTED, THEIR TITLE WILL BE SUBJECT TO MATTERS OF RECORD, IF ANY, AGAINST THEIR NAMES. NOTE 3: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: VACANT LAND NOTE 4: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT " FIDELITY NATIONAL TITLE OF WASHINGTON, INC." MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). NOTE 5: THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. NOTE 6: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. PTN OF SEC. 2 & 3, T22N, R4E; PTN OF SEC. 26, T23N, R4E; PTN OF SEC. 35, T23N, R4E NOTE 7: IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. NOTE 8: THE POLICY(S) OF INSURANCE MAY CONTAIN A CLAUSE PERMITTING ARBITRATION OF CLAIMS AT THE REQUEST OF EITHER THE INSURED OR THE COMPANY. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. NOTE 9: PRIOR TO CLOSING PLEASE CONTACT YOUR TITLE OFFICER FOR CURRENT COURIER AND/OR ACCOMMODATION FEES WHICH MAY BE CHARGED FOR RECORDING RUNS. 27C 101 Notes (6/06) END OF NOTES 100 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <:http://www.alta.org/>. 27C101 (6/06) 101 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority -owned subsidiary companies providing real estate- and loan -related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. Collection and Use of Information The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative; • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others; and • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Information collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services that we perform for you or for Third Parties. • To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re -sent to the serving website on Privacy Notice Effective: January 24, 2014 subsequent visits. A cookie, by itself, cannot read other data from your hard dusk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited Information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activitiies associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third -party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non -personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non -personalized information about your online usage activity. You can opt -out of online behavioral services through any one of the ways described below. After you opt -out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt -out via the Network Advertising Initiative industry opt -out at http://www.networkadvertising.org/. You can opt -out via the Consumer Choice Page at www.aboutads.info. • For those in the U.K., you can opt -out via the IAB UK's industry opt -out at www.youronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt -out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt -out again. When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third -party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good -faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non - Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry -standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non - Personal Information to take precautions against liability, investigate and defend against any third -party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Privacy Notice Effective: January 24, 2014 Information from Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are frilly able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children — or others — in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non -Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices with Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt -out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Privacy Notice Effective: January 24, 2014 Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. Your Consent to This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fnf.com © 2014. Fidelity National Financial, Inc. All Rights Copyright Reserved. EFFECTIVE AS OF: JANUARY 24, 2014 LAST UPDATED: JANUARY 24, 2014 C1-11 8 ATTORNEYS AT LAW 524 2nd Ave., Suite 500 Seattle, WA 98104 www.cairncross.com April 19, 2017 VIA HAND DELIVERY office 206.587.0700 fax 206.587.2308 Mayor Allan Ekberg, City Administrator David Cline, DCD Director Jack Pace, and Assistant City Attorney Ann Marie Soto City of Tukwila 6300 Southcenter Blvd., #100 Tukwila, WA 98188 Re: Proposal to Amend Tukwila Municipal Code to Provide a Process for Modification to an Approved Preliminary Plat Dear Mayor Ekberg, Mr. Cline, Mr. Pace, and Ms. Soto: This firm represents Segale Properties LLC ("Segale") with respect to its development of Tukwila South. Thank you for meeting with Mark Segale and myself today. Segale obtained preliminary plat approval for Tukwila South in 2013 (the "Preliminary Plat"). Segale now seeks minor modifications to the Preliminary Plat prior to recording the first phase of the final plat. Unlike many municipalities in the Puget Sound area, the Tukwila Municipal Code (the "Code" or "TMC") does not provide an express mechanism to modify an approved preliminary plat. We previously described the broad authority granted to the Department of Community Development ("DCD") Director which we thought would be sufficient. Ms. Soto felt a code amendment would be a better approach. This letter describes the preliminary plat modification approach typically used in other jurisdictions, and encloses draft language for your consideration as a code amendment. The subdivision of land into lots is governed by State statute, chapter 58.17 RCW, and by local municipal ordinances adopted in accordance with that chapter's authority. Subdivisions are defined as the "division or redivision of land into ten or more lots, unit lots, tracts, parcels, sites, or divisions." TMC 18.06.813. Development of a subdivision is directed by a two-step process for the required approvals of all subdivisions: preliminary plat approval and final plat approval. RCW 58.17.100. A proposed subdivision may not be approved unless the preliminary plat first makes appropriate provisions "for the public health, safety, and general welfare." RCW 58.17.010(2)(a), RCW 58.17.110. State statute further requires that such provisions address open space, drainage ways, streets, and various other issues of public concern. Id. While subdivisions are often conceived only in the residential context, an express purpose of the State Subdivision Act is to provide for both the "housing and commercial needs of the citizens of the state." RCW 58.17.010. Tukwila South is a subdivision nrogers(a�cairncross. com direct: (206) 254-44/7 {03305955.DOCX;3 } Mayor Allan Ekberg, City Administrator David Cline, DCD Director Jack Pace, and Assistant City Attorney Ann Marie Soto April 19, 2017 Page 2 serving largely commercial needs. Final plat approval should not be granted unless the final plat "conforms to all terms of the preliminary plat approval." RCW 58.17.170. The preliminary plat approval for Tukwila South included multiple conditions, some of which related to construction of improvements. Following the preliminary plat approval, Segale applied for construction level permits to build improvements in accordance with the terms of the Preliminary Plat and prior to final plat approval. Given the complexity of subdivisions, generally, and particularly the 500-acre large Tukwila South project, as well as the duration of the development process, it is not uncommon that needed revisions to the preliminary plat arise. Revisions can be driven by the realities of construction (e.g., a sewer line needs to shift, or topography drives a different lot line or access point), and revisions can also be driven by changes in the market as to planned uses on lots. To accommodate such revisions, a number of municipalities expressly articulate how a developer should process "minor" and "major" revisions to a preliminary plat in their municipal codes. Examples of these provisions from Renton and SeaTac are attached hereto as Exhibit A for your reference. The process echoed throughout these examples is that "minor" modifications are within the discretionary authority of the applicable planning department or director, whereas "major" revisions that substantially change the approved preliminary plat are outside this discretionary authority and should therefore be processed as new applications. Substantial, major modifications are widely considered to be a change of the basic design, an increase in the number of lots, or a significant change in the conditions of approval. All other changes are considered "minor" modifications that are within the applicable planning department's or director's discretionary authority to approve. Thus, minor plat modifications include dropping lots or property from a plat, changing intended uses in a 'way that reduces impacts, re -aligning roads and utilities, and similar matters. The timing for processing a minor modification to a preliminary plat can vary. Many codes process the minor modification as a stand-alone administrative decision. Others, like Renton, process the minor modification together with a final plat application. Processing a minor modification, or several of them, as stand-alone administrative decisions allows for a clearer final plat approval process, and is generally preferred. The parameters articulated above largely mirror the process in the Tukwila Municipal Code for "minor and major adjustments" to approval of a final planned residential development ("PRD"). See TMC 18.46.130. The Code instructs that "minor adjustments" of a PRD are changes that "do not affect the basic character or arrangement of structures approved in the final plan, or the density of the development or open space provided." Id. In turn, "major adjustments" substantially change the aforementioned features. Id. However, the PRD modifications code applies after a final map has been prepared and, therefore, references building permits which are not relevant or available to an owner of a land that is subject only to preliminary plat approval. Therefore, the City would be well -served in using a combination of these various frameworks to guide drafting of a "Minor and Major Adjustments" amendment to Title 17 of the Code, "Subdivisions and Plats." To this end, we suggest the draft language enclosed. {03305955.DOCX;3 } Mayor Allan Ekberg, City Administrator David Cline, DCD Director Jack Pace, and Assistant City Attorney Ann Marie Soto April 19, 2017 Page 3 By enacting this amendment, the City seizes an opportunity to update its Code to better reflect the realities of the application and development process of subdivisions. We appreciate your attention to this matter and encourage the DCD to advance the suggested amendment for review and adoption by the City Council. Na cy Bambr' ge rigs Rogers NBR/kgb cc: Mark Segale k Enclosure: Recommended Plat Modification process code Exhibit A — Excepts from Renton and SeaTac Municipal Code {03305955.DOCX;3 } Recommended Amendment Language Minor and Major Modifications to Approved Preliminary Plat If minor adjustments or changes are proposed following the approval of a preliminary plat, and modifying portions of that preliminary plat that have not yet received final plat approval, such minor modifications shall be approved by the DCD Director as an. administrative Type I decision. Minor modifications are those which: (i) result in fewer lots or loss of land area, and do not increase the number of lots in the subdivision beyond the number previously approved; (ii) do not decrease the aggregate area of open space in the subdivision by ten percent (10%) or more; (iii) may realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street from the plat; and (iv) which are consistent with applicable development standards. Major adjustments are those which, as determined by the DCD Director, add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision. If the applicant wishes to make one or more major changes, the revised plan(s) must be processed as a new application. {03305955.DOCX;3 ) Exhibit A Excerpts from Renton and SeaTac Municipal Codes [attached] {03305955.DOCX;3 } Section 4-7-080 Page 1 of 3 N-Tvi MiW/e c6 DG 4-7-080 DETAILED PROCEDURES FOR SUBDIVISION: A. PURPOSE: The procedures regulating subdivisions, including segregations of ten (10) or more lots, are established to promote orderly and efficient division of -lots, avoiding placing undue burdens on the subdivider and to comply with provisions of chapter 58.17 RCW. B. PRINCIPLES OF ACCEPTABILITY: A subdivision shall be consistent with the following principles of acceptability: 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. C. SCOPE: Any land proposed to be divided into ten (10) or more parcels, lots, tracts, sites, or subdivision, including segregations, or any land that has been divided under the short subdivision procedures within five (5) years, or any land that is held in common ownership with a contiguous parcel divided under the short subdivision procedures within the preceding five (5) years shall conform to the procedures and requirements of this Section. For the purpose of distinguishing a short plat application from a preliminary plat application, tracts proposed to be created for the purpose of ensuring the continued protection of features or facilities located therein, with equal and undivided ownership among the lot owners, their successors and heirs, shall not contribute to the total number of subdivided units of land. (Ord. 5793, 4-25-2016) D. PRE -APPLICATION MEETING: An applicant may submit materials for preliminary staff review prior to submittal of the preliminary plat application. Staff shall review the materials and inform the applicant of any initial concerns and recommendations for revisions. This shall not preclude staff from making further recommendations. Required materials are as follows and shall provide the content, details and number of copies as officially declared by the Administrator: 1. Project narrative; 2. Vicinity map; 3. Site plan; and 4. Other materials that may be applicable to the subject property, as officially declared by the Administrator. (Ord. 5793, 4-25-2016) E.. NEIGHBORHOOD MEETING: A neighborhood meeting shall be held by the applicant in accordance with RMC 4-8-090A Neighborhood Meetings. (Ord. 5793, 4-25-2016) F. SUBMITTAL REQUIREMENTS FOR PRELIMINARY PLAT APPLICATION: http://www.codepublishing.com/WA/Renton/ 4/19/2017 Section 4-7-080 Page 2 of 3 Application for a preliminary plat shall be made as stipulated in RMC 4-£3-120. (Ord. 5793, 4-25-2016) G. REFERRAL TO OTHER CITY DEPARTMENTS AND AGENCIES: The Department shall distribute one copy to the Fire and Emergency Services Department; one copy to the Police Department; one copy to the Parks Department; and one copy to each of the public utility agencies serving the area in which the subdivision is to be constructed. Each department or agency may file recommendations with the Department within ten (10) working days of receipt of the preliminary plat; or in the event that a preliminary plat meeting would be called by the Department may present their recommendation at that time. (Ord. 5793, 4-25-2016) H. TIME LIMITATION FOR APPROVAL OR DISAPPROVAL OF PLATS: The City will review and take action on the preliminary plat application within the time limits defined in chapter 58.17 RCW. (Ord. 5793, 4-25-2016) I. HEARING EXAMINER PUBLIC HEARING: 1. Public Hearing Required: The Hearing Examiner shall hold a public hearing on any preliminary plat and either approve, approve with conditions or deny the preliminary plat. The Hearing Examiner shall ensure conformance with the general purposes of the Comprehensive Plan and adopted standards. The Hearing Examiner's decision shall be supported by findings of fact and conclusions of law. (Ord. 5519, 12-14-2009) 2. Public Notice Required: Public notice shall be provided in accordance with RMC 4-8-090, Public Notice Requirements. (Ord. 5676, 12-3-2012; Ord. 5793, 4-25-2016) J. HEALTH AGENCY RECOMMENDATION: The health agencies responsible for approval of the proposed means of sewage disposal and water supply shall file with the CED Department, prior to the Hearing Examiner's consideration of the preliminary plat, written statements as to the general adequacy of the proposed means of sewage disposal and water supply. (Applicant is responsible for submitting appropriate application forms to the Seattle -King County Health Department and for paying the Health Department review fee.) (Ord. 5519, 12-14-2009) K. (Deleted by Ord. 5519, 12-14-2009) L. EXPIRATION DATE: 1. Expiration and Extension: Preliminary plat approval shall lapse unless a final plat based on the preliminary plat, or any phase thereof, is submitted within five (5) years from the date of preliminary plat approval. One one-year extension shall be granted to an applicant who files a written request with the Administrator at least thirty (30) days before the expiration of this five (5) year period, provided the applicant demonstrates that he/she has attempted in good faith to submit the final plat within the five (5) year period. (Amd. Ord. 4751, 11-16-1998) 2. Additional Extensions: Additional time extensions beyond this one-year time period may be granted by the Hearing Examiner if the applicant can show need caused by unusual circumstances or situations which make itt unduly burdensome to file the final plat within the four (4) year time period. The applicant must file a written request with the Hearing Examiner and the CED Department for this additional time extension; this request must be filed at least thirty (30) days prior to the plat expiration date. The request must include documentation as to the need for the additional time period. (Ord. 5519, 12-14- 2009) 3. Extension Time Increments: Additional time extensions shall be granted in not greater than one-year increments. 4. Phased Subdivision: In the case of a phased subdivision, final plat approval by the Hearing Examiner of any phase of the preliminary plat will constitute an automatic one-year extension for the filing of the next phase of the subdivision. (Ord. 5519, 12-14-2009) M. PLAT AMENDMENTS: At any time after preliminary plat approval and before final plat approval, the applicant may submit an application to the Administrator that proposes an amendment to the approved or conditionally approved preliminary plat. http://www.codepublishing.com/WA/Renton/ 4/19/2017 Section 4-7-080 Page 3 of 3 1. Plat Amendments: The Administrator shall have the authority to determine whether the proposed amendment qualifies as a major or minor amendment. - 2. Major Plat Amendments: Major amendments to an approved or pending plat application shall require a new application. For major amendments that due to extraordinary circumstances would result in a highly unreasonable and unconscionable burden on the applicant or plat holder, if the applicant or plat holder was required to go through a new application process, the Administrator may permit the major amendment to be treated as a minor amendment. (Ord. 5676, 12-3-2012) 3. Minor Plat Amendments: Minor plat amendments may be reviewed and permitted as part of final plat approval. To be considered a minor amendment, the amendment must not: a. Decrease the aggregate area of open space in the subdivision by ten percent (10%) or more; b. Increase the number of lots in the subdivision beyond the number previously approved; c. Result in a violation of development standards; d. Relocate any roadway access point to an exterior street from the plat; e. Propose phasing of plat development; or f. Increase significantly any adverse impacts or undesirable effects of the plat on the community or surrounding area. (Ord. 4751, 11-16-1998; Ord. 5519, 12-14-2009; Ord. 5642, 12-12-2011) Mobile Version http://www.codepublishing.com/WA/Renton/ 4/19/2017 pum-61a7,,, 14.20.100 Substantial Modification to Approved Subdivisions[.© 5H8RE A. Where an applicant requests substantial modifications to an approved preliminary or unrecorded final subdivision, and where those substantial modifications are not in response to staff review or public appeal, that request shall be treated as a new application for the purpose of vesting. The City shall determine modifications to be substantial wherever the applicant proposes: 1. The creation of additional lots; or 2. The reduction or elimination of open space; or 3. Changes to conditions of approval on an approved preliminary subdivision. B. Where the City determines a substantial modification has been proposed, the applicant may proceed with the original plat, request lesser modifications, or abandon the original application for a new proposal. C. Any applicant seeking substantial modifications through a new action shall initiate and complete the application process required under this title as if no earlier application had been made. D. The City shall review no more than one (1) subdivision and/or binding site plan application on any property at one (1) time. In seeking substantial modification under a new proposal, the applicant abandons all prior applications. (Ord. 09-1012 § 1 (Exh. A)) City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF DECISION TO: Segale Properties, LLC, Applicant/Owner King County Assessor, Accounting Division Washington State Department of Ecology Clayton Graham, Davis Wright Termaine, LLP Bruce Mitchell Steve Bleifuhs, King County Richard Buck September 23, 2013 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: L12-027 Applicant: Segale Properties, LLC Type of Permit Applied for: Preliminary Subdivision Application Project Description: Preliminary approval of a 47-lot plat in Tukwila South. Location: Tukwila South -an area bounded on the north by S. 180th Street, on the south by 5.204t Street, on the east by the Crreen River, and on the west by Orillia Road and Interstate 5. Associated Files: Comprehensive Plan Designation/Zoning District: L10-014, Sensitive Areas Master Plan L10.025, Shoreline Substantial Development Permit L12-028, Special Permission from the Director Final Environmental Impact Statement, July, 2005 Grading Permits Tukwila South Overlay District with underlying designation of Tukwila Valley South with underlying designations of TVS, MUO, and LDR. Type 3 Permit Decision by Hearing Examiner (except shoreline variance) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 9'8188 • Phone 206-431-3670 • Fax: 206-431-3665 II. DECISION 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 Envirionmental Impact Statement on this project (EIS). The proposed plat is consistent with the development outlined in the final EIS issued in 2005. 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, subject to any conditions which are set forth in the Decision. A copy of the Hearing Examiner's decision is attached. 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 fmal. 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 Brandon J. Miles, who may be contacted at 206-431-3670 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the Kir ;County Assessor's t ce fnr fi,rther information regarding property tax valuation changes. Brandon J. Miles, Senior Planner Department of Community Development City of Tukwila Type 3 Permit Decision by Hearing Examiner (except shoreline variance) BM Page 2 of 2 09/20/2013 2:31:00 PM H:\Developments\Segale'4otice of Decision, Segale.doc CITY OF TUKWILA BEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION PROJECT INFORMATION SUMMARY APPLICANT/OWNER REQUEST: LOCATION: FILE NUMBER COMPREHENSIVE PLAN DESIGNATION: ZONING DISTRICT: SEPA DETERMINATION: PUBLIC HEARING EXHIBITS: Segale Properties, LLC Approval of a 47-lot preliminary. subdivision Tukwila South -- an area bounded on the north by S. 180th Street, on the south by S. 204th Street, on the east by the Green River, artd on the west by Orillia Road and Interstate 5. LI2-027 Tukwila South, to be developed in accordance with the adopted Tukwila South Master Plan Tukwila South Overlay District (Chapter 18.41 TMC) Determination of Significance Final Environmental Impact Statement issued in 2005 September 6, 2013 The exhibits included in the record are listed at the end of this decision. Introduction Segale Properties LLC seeks approval of a 47 lot preliminary subdivision of property located within Tukwila South. A public hearing was held on the application on September 6, 2013 at 6300 Southcenter Boulevard in Tukwila. Represented at the hearing were the Applicant by Jami Balint, Company Counsel for Segale Properties, LLC; and the Department by Brandon Miles, Senior Land Use Planner. Two membets of the public testified at the hearing. The Department amended its Report to the Hearing Examiner, Exhibit 1, to exclude the section entitled Tukwila South Overlay District Design Manual at page 16. The record was held open for the Applicant and Department to file responses to the written comments on the subdivision and hearing procedures and closed on September 16, 2013. The Examiner viewed the site on the day of the hearing. Hearing Examiner Decision L12-027.Tukwila South Preliminary Subdivision Page 2of11 For purposes of this decision, all section numbers refer to the Tukwila Muiticipal Code (TMC or Code) unless otherwise indicated. Having considered the evidence in the record, the Examiner enters the following findings of fact, conclusions and decision on the application. Findings of Fact 1. Tukwila South is adjacent to Tukwila Urban Center. Part of the land within Tukwila South was once part of unincorporated King County but was annexed by the City in 2009. 2. Tukwila South is approximately 500 acres in size and is addressed in a separate chapter of the Tukwila Comprehensive Plan (Comp Plan), which provides that it is to transition to "a dynamic urban multi -use district, while still supporting existing, lower density uses." Comp Plan at 104. The Comp Plan anticipates that the area will be developed pursuant to a master plan, and that it will include commercial and light industrial uses, residential uses, an open space network, and protected sensitive areas. Comp Plan at 104-108. See Exhibit I, Staff Report, Attachment F. 3. Property within Tukwila South is largely under the ownership of the Applicant, who has been working with the City on development of the area for approximately 10 years. 4. In 2005, the City issued a final environmental impact statement pursuant to the State Environmental Policy Act; Chapter 43.21 C RCW, fbr Tukwila South. The draft and final " environmental impact statements (EIS) analyzed the then proposed Tukwila South Master Plan and Sensitive Area Master Plan, as well as potential impacts associated with the Tukwila South Project assuming full build -out of 10.3 million square feet of development.I 5. The EIS was intended to include sufficiently detailed analysis to support local permit decisions for site preparation, infrastructure development, and long-term development of the site. Probable, significant impacts under three different development scenarios were evaluated for the Infrastructure Development Phase (2006 — 2008) and at full build -out (assumed by year 2030). FEIS at iii. b. The EIS included a Transportation Impact Analysis (TIA), including analysis of the impacts of the Southcenter Parkway extension project designed to enhance access to Tukwila South. The TIA assumed that at full build out, the Tukwila South project would generate a maximum of 10,144 net new PM peak hour trips and addressed mitigation of traffic impacts. 7. The Tukwila South Master Plan (Master Plan) was adopted in 2009. See Exhibit 1, Attachment C. The Master Plan includes a discussion of "Guiding Principles" that 11he EIS included analysis of the redevelopment of the existing Segal° Business Park, which is outside the botmdaries of the subject preliminary subdivision. Hearing Examiner Decision L12-G27 Tukwila South Preliminary Subdivision Page 3 of 11 address a long term vision for the Tukwila Southdevelopment, creating a destination, building value, multi -use, increasing density over time, quality environment, connections, amenities, implementation strategy and environmental stewardship. Master Plan, Guiding Principles, at 3-6. 8. The Master Plan's principle on implementation strategy notes that while many of the site's infrastructure and planning features will be designed and built in the initial phase, "flexibility must be m5intained Throughout the vertical development of the districts and the secondary roadway and amenity systems" in order "to meet changing market conditions." The "Infrastructure Development Phase" was scheduled for 2006-2008. The Master Plan states that "completing the site's infrastructure all at once will create a sense of certainty about the development's future" and notes that the first new tenant will take occupancy soon after the infrastructure development is completed. Master Plan, Guiding Principles, at 6. 9. The Sensitive Areas Master Plan Approved for Tukwila South allows the Applicant to develop an area -wide plan for alteration of sensitive areas and associated mitigation that would produce improvements to water quality, fish and wildlife habitat and hydrology beyond those that would result from application of the City's sensitive areas regulations, Chapter 18.45 TMC. 10. Underlying zoning designations within Tukwila South include Low Density Residential, Tukwila Valley South; Heavy Industrial, and Mixed -Use Office. However the entire Tukwila South area is covered by an overlay that supersedes the underlying zoning and is intended to "[implement] the Tukwila South Master Plan Designation and ... Comprehensive Plan". TMC 18.41.010.A. 11. In 2009, the City and Applicant entered into a development agreement for Tukwila South (Agreement) pursuant to RCW 36.70B.170 to establish the development standards for build -out of the area. The Agreement has been amended several times. See Exhibit 1, Attachment D. A permit or approval issued by the City for development within the area must be consistent with the Agreement RCW 36.70B.180. 12. Section 6.2 of the Agreement provides that the City emay require additional SEPA review under only three, clearly defined conditions: 1) an implementing approval 'materially exceeds the Project Envelope and governing Development Regulation; 2) the City concludes that substantial changes have been made to the project such that it is likely to have significant adverse impacts not previously analyzed and that cannot be sufficiently mitigated through applicable regulations; and 3) the City concludes that there is new information indicating probable significant adverse environmental impacts of the project not previously analyzed that cannot be sufficiently mitigated through applicable regulations. 13. The City has issued a grading permit and a shoreline substantial development permit to the Applicant for the Tukwila South project area, and the Applicant has also received numerous permits that are under the jurisdiction of the state and federal governments. Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 4 of 11 14. The Applicant submitted a preliminary plat application to the City on August 27, 2012, and the application was deemed complete on September 25, 2012. The City issued a Notice of Application and distributed it to tenants, adjacent property owners, and potentially impacted agencies on November 7, 2012. Notice was also posted on the site. 15. The City has an existing levee system known as the 205 Levee. King County maintains tfie 205 Levee pursuant to an interlocal agreement with the City. 16. The subdivision is not within the floodplain of the Green River. However, the Applicant is con.st ucting.a new levee to protect against flooding and is filing the entire Tukwila South project area. 17. The Agreement provides for the levee modifications in Tukwila South and requires the Applicant to dedicate levee easements to the City for improvements to the levee system on the west side of the Green River and to secure maintenance for the new levee. Agreement, Sections 4.5 and 4.2. . The Applicant anticipates that King County will nitirnntdly assume maintenance responsibilities for the new levee, but the scope of the maintenance easements to be granted to the County has not yet been resolved. In the meantime, the Applicant is responsible for maintenance. 18. The Department received a comment letter on the subdivision application from die King County Water and Land Resources Division that asked the City to include a requirement for provision and recording of "such easements as may be determined to be acceptable to King County and the KCFCD, as a condition of final subdivision approval." Exhibit P. The requested related to the levee easements noted above. 19. The Department also received a comment letter from an attorney representing the M&P Company concerning access issues related to the M&P property and suggesting that the City examine access issues related to several of the lots in the subdivision. Exhibit 1, Attachment E. 20. The City issued a Notice of Hearing on the application on August 22, 2013, which was published in the Seattle Times on August 23, 2013. Exhibit 1, Attachment S. 21. On September 4, 2013, the City received a comment from King Comity's Water and Land Resources Division again noting that if King County or the King County Flood Control District was going to be asked to assume maintenance of the Tukwila South levee in the future, levee maintenance agreements were required as part of the preliminary plat. Exhibit L. 22. On September 5, 2013, the City received a comment letter from the attorney representing the M&P Company. The letter raised issues concerning the Hearing Examiner's jurisdiction to hear the subdivision application, alleged defects in the notices given for the application and hearing, and alleged that the City had failed to comply with design review requirements and SEPA requirements, that the subdivision presented line . Hearing Examiner Deeislon L12 027 Tukwila South Preliminary Subdivision Page s of ll of sight and traffic safety concerns with the development of Lot 8, that adequate safe access had not been provided to the M&P property„ and that the subdivision violates state planning requirements by failing to show adequate access on the face of the plat. Exhibit I, Attachment M. 23. The Examiner adopts the Department's analysis of the applicable review criteria for the subdivision application at pages 9 through 17 of the Report to the Hearing Examiner, with the exception of the subsection entitled "Tukwila South Overlay District Design Manual," which does not apply to this subdivision application. 24 In conjunction with the Southcenter Parkway extension project, the City Council vacated parts of Frager Road South, which had provided access to the "M&P property" and the "GWI property," two parcels not Included in the Tukwila South subdivision. Because the parcels lacked frontage on the newly aligned Southcenter Parkway, the City designed a "loop road" alternative access in which the unvacated portion of Frager Road South is connected to Southcenter Parkway via stop -controlled intersections both north and south of the two parcels. • See Exhibit 1, Attachment A, Sheets 3 and 8. The access road is a City right-of-way designed to current City standards. 25. The Examiner adopts the Department's discussion of the Tukwila South subdivision design at pages 17 through 20 of the Report to the Hearing Examiner. 26. The Highline Waxer District has provided a general water availability letter for the subdivision. According to the letter, each specific development proposal within the subdivision will require a Developer Extension Agreement and a Certificate of Water Availability. Exhibit 1, Attachment K. 27. The Tukwila South Overlay zone allows a variety of uses, and potential future uses and their location were identified in the Master Plan. Although the specific location of uses will lie determined by market demand, the Applicant has prepared a graphic representation of the anticipated location of land uses by category. Exhibit 4. 28. Administrative design review will be required for all non-exempt development within the Tukwila South Overlay district. TMC 18.41.080.B. 29. Impacts to schools were evaluated in the EIS. Although it does not appear from Exhibit 4 that there will •be sufficient residential development to warrant a new school, the City's school impact fee ordinance will apply to new residential development within the subdivision. 30. The City's fire impact fee ordinance will apply to all new .construction within the subdivision. Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 6 of 11 Conclusions 1. The Hearing Examiner has jurisdiction over this subdivision application pursuant to TMC 18.104.010 and TMC 18.108.030. Prior to 2009, preliminary subdivisions were heard by the Planning Commission. The City Council adopted Ordinance 2251 on October 5, 2009 amending several sections of Title 18 TMC to transfer jurisdiction over preliminary subdivisions and several other land use applications from the Planning Commission to the Hearing Examiner. Under TMC 18.104.010.3, • as amended, a subdivision application with no associated design review is a Type III application that is heard by the Hearing Examiner. 2. In the 2009 amendments, the City neglected to adopt a corresponding amendment'to TMC 17.14.020, which provides that a preliminary subdivision is to be processed as a Type 4 decision under TMC 18.108.040, which provides that it is to be heard by the Planning Commission. However, both TMC 17.14.020 and 18.108.040 were last amended in 2006. The amendments to TMC 18.104.010 in 2009 reflect the City Council's most recent intent on the matter of jurisdiction over preliminary subdivision applications and show an intent to change the law. See WR Enterprises, Inc. v. Department of Labor and Industries, 147 Wn.2d 213, 222, 53 P.3d 504 (2002). The failure to amend TMC 17.14.020 at the same time was most likely a clerical oversight. 3. The M&P comment Letter asserts that the preliminary subdivision application is subject to design review and therefore, under TMC 18.104.010.4 must be heard•by the Planning Commission. That is not correct. The Code provides that "[d]esign review is required for all non-exempt development within the Tukwila South Overlay district." TMC 18.41.080 (emphasis added). "Development" is defined as "the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure that requires a building permit." TMC 18.06.210. Although subsequent development within the subdivision will require a building permit, and will be subject to administrative design review (Type 2 permit), the preliminary subdivision itself does not meet the Code's definition of development and therefore, is not subject to design review under TMC 18.41.080. Consequently, it is not subject to a hearing by the Planning Commission under TMC 18.104.010.4. 4. The evidence in the record shows that both the Notice of Application and Notice of Public Hearing conformed to state law and City Code requirements. The M&P comment letter cites TMC 18.104.140 for the proposition that the City was required to publish a second notice of application for the preliminary subdivision because changes were made to the application after receipt 'of initial public and agency comments. However, M&P quotes that Code section out of context It reads as follows: "A modification to project plans occurring before the issuance of the permit shall be deemed a new application for the purpose of establishing time periods pursuant to TMC 18.104.130 when such modification would result in a substantial change in the project's review requirements, as determined by the Department" (Emphasis added.) TMC 18.104.130 " addresses deadlines for permit issuance. Thus, TMC 18.104.140 has nothing to do with re -noticing an application because of changes made during its normal evolution. Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 7of11 5. The M&P comment letter asserts that the City's environmental analysis of the • subdivision was inadequate. The letter argues that because a subdivision is not exempt from SEPA, a checklist, as well as additional analysis of "major changes ... proposed to the access plan," were required. However, TMC 21.04.140.B states that a "checklist is not needed if the City and the applicant agree ... SEPA compliance has been completed In this case, the Tukwila 'South EIS included a comprehensive analysis •of the potential impacts of full build -out of the Tukwila South property, including a TIA that analyzed the impacts of the Southcenter Parkway extension project: The City and Applicant agreed that SEPA compliance had been completed, as the subdivision was within the envelope of the proposal evaluated in the EIS. See Agreement, Section 6.2. The City then incorporated the ETS by reference in the notice of application and the Department's Report to the Hearing Examiner. This action meets the requirements of TMC 21.04.140.B. Further, M&P has not demonstrated that the addition of the loop road to provide access to Southcenter Parkway for only a few properties would cause any probable significant adverse environmental impacts not already analyzed. 6. The M&P letter states that M&P the loop road has proven inadequate for semi -truck and commercial traffic access to the M&P property because of safety concerns due to the failure to provide a lighted intersection at Southcenter Parkway. The letter does not cite specific traffic incidents or accident statistics in support of the concerns expressed. The City Engineer testified that the loop road meets City engineering design standards and that the City had no record of traffic incidents on the road that would suggest it is unsafe An accident data report attached to a supplemental memo from the Engineer confirms that there is no accident history at the loop road intersections with Southcenter Parkway. The Engineer also testified that traffic volumes on the 'new alignment of Southcenter Parkway are low in the vicinity of the new loop road and do not presently warrant construction of traffic signals. This will be subject to reevaluation as future development generates additional traffic. 7. The M&P letter also states that the subdivision does not meet Code requirements for private roads, specifically the requirements that private access roads "not adversely affect future circulation in neighboring parcels of property" and "can accommodate potential full (future) development on the lots created". TMC 17.20.030.C.5.a and TMC 17.20.030.C.5.c. As noted in the Department's findings adopted by reference, all lots in the subdivision have frontage on either a public or private road, and most are accessed via intersection stubs developed on Southcenter Parkway. See Exhibit 1, Attachment A. The two proposed private roads would be designed to City standards with a 28 foot paved roadway on a 40 foot easement. There is no evidence in the M&P letter, or in the rest of the record, that the proposed private roads could not accommodate future development or would adversely affect circulation in neighboring properties. 8. The M&P letter raises a concern about traffic safety related to potential sight distance issues that could be created by development on Lot 8 in the subdivision. When Lot 8 is proposed for development there will be sufficient information to fully evaluate the sight distance issues that could be caused by the location of a building and driveways on the Hearing Examiner Decision L12-027 Tukwila South Preliminary Subdivision Page 8of11 lot. That information is not needed or available for the Examiner to consider in reviewing the preliminary subdivision. 9. The Agreement and subdivision make appropriate provision for levee easements and maintenance. The question of whether King County will assume maintenance responsibility for the levees in the future is not before the Examiner in reviewing the subdivision application. 10. The Examiner adopts the Department's conclusions 1, 2, 4 through 9, and 10 throughl4 at pages 21=23 of the Report to the Hearing Examiner. 11. The subdivision, together with the Agreement,'makes appropriate provision for roads and utilities. Construction of the utilities and roach, including the private access roads, will be required to serve the proposed lots in the subdivision. 12. As conditioned, the subdivision makes adequate provision for pedestrian and bicycle circulation per the Master Plant. The Applicant's performance of the Agreement's requirements concerning pedestrian and bicycle circulation by the extension date established in Exhibit 1, Attachment 1, will constitute compliance with the requirement of TMC 17.I4.020.D.1 that the subdivision conform to adopted City plans. 13. The application meets all state and city subdivision requirements and should be approved. Decision The subdivision application is APPROVED subject to the following conditions: 1. The following notes should be added or amended to the face of the plat: .a. The City of Tukwila SEPA responsible official has previously determined that the project creates a probable significant environmental impact and required preparation of an Environmental Impact Statement. Final Environmental Impact Statement (F'EIS)dated July 7, 2005 together with the Draft EIS dated .April 5, 2005 comprise the environmental impact statement as required by the Washington State Environmental Policy Act (Chapter 43.21 Revised Code of Washington). b. On sheet 12 of 13 update the title of note 2 to state "Native Growth Protection Areas -Sensitive Area Tracts " c. Reference any geotechnical report prepared for this plat on the face of the plat document. 3. In order to meet the requirements of TMC 17.14.020 (D)(3) the applicant shall fully comply with section 4.5 of the Development Agreement between the City of Hearing Examiner Decision L12-1027 Tukwila South .Preliminary Subdivision Page 9 of 11 Tukwila and Segale Properties, LLC no later than September 1, 2014, as stated in Exhibit 1, Attachment I. 4. 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 Page 24 of 24 (roadway width shown in attachment B is acceptable), including, but not limited to street lighting, drainage, and pavement thickness. 5. Pnor to fit approval,; the applicant shall install -all public work nfrastivc(ure, including construction:'`of tlie �ptivate roads. All construction shall meet applicably : Tukwila Municipal Con Code sections and the City's J nfrastructure" Design .and f struction {Standards'-`(with'the -exception°°of 42.5.B.3). The general design of the 'public -works iinitieVeilientif Shalt be consistent with the plans included as attachment B to Exhibit 1 (Tukwila South Preliminary Engineering Plans). 6. As part of the final plat application, the :applicant shall provide the neeessary. documentation outlined In ection t41 B of the City's Inf astru to re Dd ignr anc Consttuction-Standards regarding the private streets in-ibe-plat' 7. The applicant shall obtain special permission from the Director for the proposed work in SAT j1, etland 10) and sl il%c iplelte ,a1T required nntigat utility on pnot;' �I����d9"y}��v. rr-" 8. All easements, including, but not limited to open space, pedestrian, and access (with corresponding recording numbers) shall be noted on the final plat documents. 9. 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. • 10 The north stone pond, discussed in the utilities section of the .,Department report; shall be installed'prior'to final` approval of the plat Entered this 19a' day of September, 2013. Sue A. Tanner Hearing Examiner Concerning Further Review TMC 18.108.030 states that "The decision of the Hearing Examiner shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C." - Rearing Examiner Decision L12-021 Tukwila South Preliminary Subdivision Page 10 of 11 Exhibits The following exhibits were entered into the record: 1. Department's Staff Report with Attachments: A. Preliminary Plat ofTukwila South; B. Tukwila South Preliminary Engineering PIans; C. Tukwila South Master Plan; D. Development Agreement between City of Tukwila and Segale Properties, LLC, with addendums and amendments; E. Letter from Davis Wright Tramline dated November 21, 2012; F. Relevant Pages of the City's Comprehensive Plan; G. Phasing Plan Map; H. Utility Phasing Plan; L Letter to Mark Segale from David Cline dated August 28, 2013; J. Land Use Map K. Applicant's Narrative and Response to criteria L. King County Water and Land Resources Division comments dated February 20, 2009, February 25, 2009, June 21, 2010 and September 4, 2013; M. Letter dated September 5, 2013 to Brandon Miles from Clayton P. Graham and attached e-mail exchange dated September 6, 2013; N. Email response dated September 5, 2013 from Brandon Miles to Steve Bleifuhs (King • County) O. Email response dated September 26, 2012 from Brandon Miles to Jami Baiint P. Letter dated November 20, 2012 to Brandon Miles from Steve Bleifuhs r Q. King County Ordinance 15673 adopting the King County Flood Hazard Management Plan as a part of the King County Comprehensive Plan R. Packet of email messages between Brandon Miles and Clayton P. Graham between November 13, 2012 and September 5, .2013, including e-mail message of August 23, 2013 with attached notice of public hearing for Tukwila South subdivision S: Affidavit of publication for notice of public hearing on Tukwila South subdivision T. Tukwila City Council Agenda Synopsis, Informational Memorandum concerning "2009 Housekeeping Code Amendments" and draft ordinance (strike tbroughlunderline), together with City of Tukwila Ordinance 2251, passed October 5, 2009 U. Original Tukwila South Preliminary Plat Application V. Tukwila South Master Plan Final Environmental Impact Statement 2. Applicant's PowerPoint Presentation (hard copy) 3. Tukwila South Grading and Master Stormwater Infrastructure Plans 4. Land Use Map (duplicates Exhibit 1, Attachment J) 5. Tukwila South Master Plan Draft Environmental Impact Statement (CD) 6. Email dated September 9, 2013 from Brandon Miles forwarding Segale Properties response letter and attachments to September 5, 2013 comment letter from Clayton Graham (Exhibit 1, Attachment R) 7. Email dated September 9, 2013 from Brandon. Miles forwarding Segale Properties email and additional attachments to Segale Properties response (Exhibit 6) 8. Letter dated September 9, 2013 from Brandon Miles in response to written comment letters from Clayton Graham (Exhibit 1, Attachment R) and King County (Exlubit 1, attachment L) 9. Memorandum from Robin Tischmak in response to comment letter from Clayton Graham (Exhibit 1, Attachment R) Hearing Pxaminer Decision L32.027 Tukwila South Preliminary Subdivision Page 11 of 11 10. Segale Properties letter dated September 13, 2013 and attachments in response to King County comment letter (Exhibit 1, Attachment L) 11 Email dated September 16, 2013 and attachments from Brandon Miles concerning King County comment letter (Exhibit 1, Attachment L) City of Tukwila Washington Ordinance No. Dkikito AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE THIRD AMENDMENT TO THE TUKWILA SOUTH DEVELOPMENT AGREEMENT WITH SEGALE PROPERTIES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter 18.86 authorize development agreements between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development use and mitigation of real properties; and WHEREAS, the City and Segale entered into that certain Development Agreement relating to the Tukwila South development, dated June 10, 2009 (the "Development Agreement"), approved by Ordinance No. 2233, and as amended pursuant to that certain First Amendment to Development Agreement dated May 18, 2010 (the "First Amendment") and that certain Second Amendment to Development Agreement dated November 20, 2012 (the "Second Amendment"); and WHEREAS, the City of Tukwila and Segale Properties, LLC, wish to enter into a Third Amendment to the Tukwila South Development Agreement, a copy of which is attached hereto as Exhibit A; and WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was conducted on the 27th day of May 2014 to take public testimony regarding this Third Amendment to the Development Agreement as proposed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Third amendment to DA-Tukwila South 5-14-14 RBT:bjs Page 1 of 2 Section 1. The Third Amendment to the Tukwila South Development Agreement by and between the City of Tukwila and Segale Properties, LLC, a copy of which is attached hereto as Exhibit A, is hereby approved and the Mayor is authorized and directed to execute said Third Amendment to Development Agreement on behalf of the City of Tukwila. Section 2. 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 3. 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 4. 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 COUNCJ,L OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this �,r, day of ' 1nn12. , 2014. ATTEST/AUTHENTICATED: C7A* (T Christy O'Flah y, MMC, City Cler APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Pc -119 / 63/Shelley M. Kerslake, City Attorney Ordinance Number: N 6 Exhibit A: Third Amendment to Development Agreement by and between the City of Tukwila and Segale Properties, LLC, for the Tukwila South Development W: Word Processing\Ordinances\Third amendment to DA-Tukwila South 5-14-14 RBT:bjs Page 2 of 2 THIRD AMENDMENT TO 09.100(1) DEVELOPMENT AGREEMENT BY AND Council Approval 612/14 BETWEEN THE CITY OF TUKWILA Ordinance No. 2440 AND SEGALE PROPERTIES LLC, FOR THE TUKWILA SOUTH DEVELOPMENT THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (the "Third Amendment") is made and entered into this iftttday of June, 2014, by and between the CITY OF TUKWILA ("City"), a non -charter, optional code Washington municipal corporation, and SEGALE PROPERTIES LLC, a Washington limited liability company ("Segale"). I. RECITALS WHEREAS, the City and Segale entered into that certain Development Agreement relating to the Tukwila South development, dated June 10, 2009 (the "Development Agreement") as amended pursuant to that certain First Amendment to Development Agreement dated May 18, 2010 (the "First Amendment") and that certain Second Amendment to Development Agreement dated November 20, 2012 (the "Second Amendment"). WHEREAS, Sections 4,8.1 and 4.8.3 of the Development Agreement require Segale to pay the City an O&M Guarantee for Tukwila South Project O&M Expenses and for the City and Segale to establish accounting protocols for the tracking of O&M Revenue and O&M Expenses; and WHEREAS, the Parties previously agreed to extend the deadline for executing a memorandum of understanding documenting the accounting protocols such that the effective deadline for executing such . memorandum is June 16, 2014. The Parties have held many meetings and hired a consultant to assist with the development of accounting protocols, but agree that accurately tracking O&M Revenues and O&M Expenses is not feasible; and WHEREAS, the reimbursement provisions of Section 4.8.1 of the Development Agreement were based upon an aggressive build -out schedule for the Tukwila South Project, a schedule which, due to many factors including the economic downturn, has not proved viable. Given the lack of development activity to date, and the remaining site preparation work to be performed, the risk assumptions that led to the provisions set forth in Section 4.8.1 of the Development Agreement are no longer applicable; and WHEREAS, the Parties have negotiated an alternative to the O&M Guarantee, and as such desire to amend the Development Agreement; and P�-0( [1] NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to both the City and Segale, the parties hereby agree as follows: II. AGREEMENT 1. Defined terms used herein shall have the meanings set forth in the Development Agreement. 2. Segale shall be relieved of the O&M Guarantee obligation set forth in Section 4.8.1, and Sections 4.8.1, 4.8.3, and 4.8.4.1 are hereby deleted in their entirety. Segale shall be relieved of the Bridge funding obligations set forth in Section 4.5.2, and Section 4.5.2 is hereby deleted in its entirety. For purposes of clarity, the Parties acknowledge and agree that although sewer connection charges may still apply to the Tukwila South Project, as a result of the elimination of the O&M Guarantee, the provisions of Section 4.4 concerning credit toward O&M Revenue for sewer connection charges are no longer applicable. 2.1. Pursuant to Sections 4.8.4 and 4.5.2, Segale has provided the City with the O&M LC, the O&M Deed of Trust and the Bridge LC, all of which are unnecessary as a result of this Third Amendment. Therefore, within five (5) business days of the effective date of this Third Amendment, the City shall submit to the Escrow Agent a request for release and reconveyance of the O&M LC, the O&M Deed of Trust and the Bridge LC. 3. The provisions set forth in this Third Amendment are expressly contingent on the Parties entering into the Fire Facilities Agreement attached hereto as Exhibit A. The effective date of this Third Amendment shall be the date of mutual execution of the Fire Facilities Agreement. 4. Section 8 of the Development Agreement is hereby amended to read as follows: 8. Modifications to Agreement. This Agreement contains all terms, conditions, and provisions agreed upon by the parties hereto, and shall not be modified except by written amendment executed by both parties. Amendments to this Agreement that materially modify the intent and policy of the Agreement must be approved by the City Council. Other amendments may be approved by the City Mayor; however, any such amendment must be provided to the City Council members in writing at least one (1) week prior to execution of the amendment by the Mayor. 5. This Third Amendment shall be recorded against the Tukwila South property as a covenant running with the land. 6. Notice address for Segale shall be as follows: [2] If to Segale: Segale Properties LLC P.O. Box 88028 Tukwila, Washington 98138-2028 Attn: Mr. Mark A. Segale If to the City: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: City Clerk 7. Except as amended herein, the terms and provisions of the Development Agreement remain in full force and effect. Any provisions of the Development Agreement which refer to a section or obligation deleted by this Third Amendment shall be interpreted as to give full effect to such provision, but for reference to the deleted section or obligation. In Witness Whereof, the parties have caused this Third Amendment to be executed, effective on the day and year set forth on the first page hereof. CITY OF TUKWILA, a Washington municipal corporation By: VIC Jimy4�'ggerton,,l�s',(�1`ayor Date: b.-14-i Segale Properties LLC, a Washington limited liability company By: Metro Land Development, Inc., Its: Manager By: resi M. A. Segale, President President 1/' (3j STATE OF WASHINGTON ) COUNTY OF ) ) ss. On this eday of julle , 20jj 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., 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 M. A. Segale was authorized to execute said instrument on behalf of the limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. `,`,o, I I,,,,,,,,,,, QSle WTARy"7. :`f UBLIC o OF wAs*,`,,, ignature of Notary) C-6e.ft,bs (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing atL.A My appointment expires: a2 - t - [4] STATE OF WASHINGTON ) COUNTY OF On this day of ) ss. (Ad e , 2014, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared j ,,,& , to me known to be the person who signed as y'('t 01 of the ify of Tukwila, the municipal corporation 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 ),Q_ was authorized to execute said instrument on behalf of the limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of N 'tary Cl/v Ft° 1\0;4 (Print or stamp nary a of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: [5] EXHIBIT A FIRE FACILITIES AGREEMENT [6] FIRE FACILITIES AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC, 14-065 Council Approval 612114 Ref. 09.100(f) THIS FIRE FACILITIES AGREEMENT ("Agreement") is made and entered into this t day of June, 2014, by and between the CITY OF TUKWILA ("City"), a non -charter, optional code Washington Municipal Corporation, and SEGALE PROPERTIES LLC, a Washington limited liability company ("Segale"), formerly known as "LA PIANTA LLC." I. RECITALS WHEREAS, the City and Segale entered into a certain Development Agreement relating to the Tukwila South development ("Tukwila South"), dated June 10, 2009 (the "Development Agreement") as amended pursuant to that certain First Amendment to Development Agreement dated May 18, 2010 (the "First Amendment") and that certain Second Amendment to Development Agreement dated November 21, 2012 (th.e "Second Amendment"); and WHEREAS, pursuant to Section 4.6.2 of the Development Agreement, Segale dedicated to the City, for use as a fire station, the real property legally described on the attached Exhibit A (the "Fire Station Property"); and WHEREAS, pursuant to Tukwila Municipal Code chapter 16.26, development activity with the City of Tukwila is required to pay a fire impact fee; and WHEREAS, parties agree that there is mutual benefit in the timely construction of a fire station on the Fire Station Property; and NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to both the City and Segale, the parties hereby agree as follows: II. AGREEMENT 1. Defined Terms. Defined terms used herein shall have the meaning set forth in the Development Agreement and Tukwila Municipal Code chapter 16.26. 2. Fire Impact Fees. The City is authorized under RCW 82.02.050 through RCW 82.02.090 to collect an Impact Fee to fund fire facilities needed to serve growth and development ("Fire Impact Fee"). The terms of this Agreement are expressly contingent on the City, during the Term of this Agreement, keeping in full force and effect the provisions of Tukwila Municipal Code chapter 16.26, which may be amended from time -to -time, and assessing a Fire Impact Fee on all Development Activity within the Tukwila South Project. However, the City retains the ability to waive or otherwise reduce impact fees on a development by development basis, pursuant to state law; provided that the reduction in fees does not fall below the City -1- refund requirement pursuant to this agreement. For purposes of this Agreement, the Fire Impact Fee collected by the City from Development Activity within the Tukwila South Project shall be referred to as the "Project Fire Impact Fee(s)." This agreement relates to Fire Impact Fees only, and not to any other impact fees that may be assessed pursuant to the Development Agreement or state or local law. 3. Fire Impact Fee Payment. In order to mitigate the impacts of the Tukwila South Project on the City's fire facilities, Segale shall make the following payments, which shall be paid in annual installments commencing December 1, 2017 (the "Annual Installments"), in accordance with the payment schedule set forth in the attached Exhibit B (the "Payment Schedule"): a. Segale shall pay the City a non-refundable mitigation fee in the amount of One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) (the "Mitigation Payment"). b. Segale shall pay the City a refundable Fire Impact Fee deposit in the amount of Three Million Dollars ($3,000,000.00) (the "Fire Impact Fee Deposit"). 4. Refund of Deposit. The City shall provide Segale with a refund of the Fire Impact Fee Deposit (the "Refund"), provided that the Project Fire Impact Fees collected by the City for development within the Tukwila South Project shall be the sole source of revenue for the Refund, and provided further, Segale shall not be entitled to receive interest on the Fire Impact Fee Deposit. Commencing January 1, 2018, the Refund shall be paid by the City annually, no later than January 31 sc of each year, in an amount equal to the Project Fire Impact Fees collected by the City for development within the Tukwila South Project during the preceding year (the " Annual Refund"); provided, the Annual Refund amount shall not exceed the total amount of Annual Installments paid as of the date of the Annual Refund and in the event the annual amount of Project Fire Impact Fees exceeds the total Annual Installments, the balance shall be carried forward and refunded in subsequent years. 5. Record Keeping. The City shall maintain records of the Project Fire Impact Fees, and the City shall provide Segale with quarterly reports indicating the amount of Project Fire Impact Fees collected during the preceding quarter. 6. Use of Fire Impact Fee. The City shall use the Mitigation Payment and the Fire Impact Fee Deposit solely for financing. the design, construction and operation of fire facilities on the Fire Station Property, and for no other purpose. The City shall commence construction of a fire station on the Fire Station Property by the end of the payment schedule set forth in Exhibit B. 7. Security for Payment. Segale's obligation to pay the Mitigation Payment and the Fire Impact Fee Deposit shall be secured by a deed of trust, in the form of the attached Exhibit C (the "Deed of Trust"), recorded against the real property legally described in the attached Exhibit D (the "Encumbered Property"). Segale shall have the right to substitute as security from time to time one or more deeds of trust in the same or -2- similar form on other real estate acceptable to the City in the exercise of reasonable discretion so long as the unencumbered value of the substituted collateral is equal to or greater than Segale's financial obligation under this Agreement. 8. Term of Agreement. This Agreement shall remain in effect for the latter of (i) eighteen (18) years, or (ii) until Segale receives a full refund of the Fire Impact Fee • Deposit. 9. Assignment of Rights. In its sole discretion, Segale may assign this Agreement to any party who acquires, through lease or purchase, 50% or more of the property within the Tukwila South Project. 10. Default. No party shall be deemed in default under this Agreement unless it has failed to perform as required for a period of thirty (30) after written notice of default from the other party. A party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Agreement. In the event the City defaults in the performance of its obligation under this Agreement, Segale shall, in addition to all remedies available at law or equity, be entitled to suspend performance of its obligations until the City's default is cured. 11. General Provisions. a. Notice. All communications, notice:s, an.d demands of any kind that a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 Attn: Mayor's Office and Director of Public Works and Director of Community Development If to Segale: Segale Properties LLC P.O. Box 88028 Tukwila, Washington 98138-2028 Attn: Mr. Mark A. Segale Notice by hand delivery or facsimile shall be effective upon receipt, provided that notice by facsimile shall be accompanied by mailed notice as set forth -3- herein and shall be evidenced by a machine -printed confirmation of successful transmission. If deposited in the mail, certified mail, return receipt requested, notice shall be deemed delivered forty-eight (48) hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. b. Payments. Any payment required to be made pursuant to the terms of this Agreement, which is not paid by the due date set forth herein, shall be subject to an interest charge at the rate of 12% per annum. c. Authority. Each party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Agreement. d. Exhibits Incorporated. Exhibits A through D are incorporated herein by this reference as if fully set forth. e. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. f. Time of the Essence. Time is of the essence of this Agreement and of every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business day. g• Entire Agreement. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. DATED this vl Aid day of June, 2014. CITY OF TUKWILA Haggertayor SEGALE PROPERTIES LLC By: Metro Land Development, Inc., Its: Manager By: "Cji M. A. Segale, President -4- EXHIBIT A Legal Description of Fire Station Property New Parcel C of City of Tukwila Boundary Line Adjustment No. L 13-005, as recorded in the public records of King County, Washington, under recording no. 20130227900005. -6- EXHIBIT B Payment Schedule Payment Date Payment Amount Dec. 1, 2017 $ 500,000.00 Dec. 12 018 $ 300,000.00 Dec. 1, 2019 $ 300,000.00 Dec. 1, 2020 $ 300,000.00 Dec. 1, 2021 $ 300,000.00 Dec. 1, 2022 $ 300,000.00 Dec. 1, 2023 $ 300,000.00 Dec. 1, 2024 $ 300,000.00 Dec. 1, 2025 $ 300,000.00 Dec. 1, 2026 $ 300,000.00 Dec. 1, 2027 $ 300,000.00 Dec. 1, 2028 $ 300,000.00 Dec. 1, 2029 $ 300,000.00 Dec. 1, 2030 $ 300,000.00 Dec. 1, 2031 $ 350,000.00 Total Payments $ 4,750,000.00 EXHIBIT C DEED OF TRUST (For Use in the State of Washington) THIS DEED OF TRUST, made thisIday of Jere 2014, between SEGALE PROPERTIES LLC, a Washington limited liability company, GRANTOR, whose address is 5811 Segale Park Drive C, Tukwila, WA 98188, COMMONWEALTH LAND TITLE COMPANY OF PUGET SOUND, LLC, a Washington limited liability company, TRUSTEE, whose address is 14450 N.E. 29th Place, #200, Bellevue, WA 98007, and THE CITY OF TUKWILA, a non -charter, optional code Washington municipal corporation, BENEFICIARY, whose address is 6200 Southcenter Boulevard, Tukwila, WA 98188. WITNESSETH: Grantor hereby bargains, sells, and conveys to Trustee in trust, with power of sale, the following described real property in King County, Washington: Assessor's Tax Parcel ID# 3523049120 See legal description set forth in Exhibit A attached hereto and incorporated herein which real property is not used principally for agricultural or farming purposes, together with all tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. This deed is for the purpose of securing performance of each agreement of grantor herein contained, and Grantor's obligation und,u�e '' that certain Fire Facilities Agreement between Grantor and Beneficiary dated theLj!'day orTIAN . , 2014 and approved by the Beneficiary's City Council as Ordinance )4 '10 on (d d -- 2014. To protect the security of this Deed of Trust, Grantor covenants and agrees: 1. To keep the property in good condition and repair, to pennit no waste thereof; to complete any building, structure or improvements being built or about to be built thereon, to restore promptly any building, structure, or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than 90% of the insurable value thereof. All policies shall name Beneficiary as a loss payee as its interest may appear. In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, in any suit brought by Beneficiary to foreclose this Deed of Trust. 5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. 6. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. IT IS MUTUALLY AGREED THAT 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to the Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed or Trust; and (3) the surplus, if any, shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have acquitted thereafter, Trustee's deed shall recite the facts showing that the sale was conducted to compliance with all the requirements of law and this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrances for value. 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7. In the event of the death, incapacity, disability, or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of an action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. Segale Properties LLC By Metro Land Develop Its Manager STATE OF WASHINGTON k A. Seg. e, ice President ) ss. COUNTY OF KING ) On this Iday of k lUri e. , 2014, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mark A. 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 Mark A. 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. !S�/iignature of/Notary) ! (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at -T'A k u-"' i a "A My appointment expires: 2- - EXHIBIT "A" to Deed of Trust EXHIBIT "D" to Fire Facilities Agreement Legal Description of Encumbered Property THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE SOUTH 87°50'09" EAST ALONG THE NORTH LINE THEREOF 449.30 FEET; THENCE SOUTH 02°09'S1" WEST 36.00 FEET TO THE SOUTH MARGIN OF SOUTH 180r" STREET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°50'09" EAST ALONG SAID SOUTH MARGIN 786.92 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 95°35'05" AN ARC DISTANCE OF 83.41 FEET; THENCE SOUTH 07°44'56" WEST 348.56 FEET; THENCE NORTH 87°50'09" WEST 802.76 FEET; THENCE NORTH 02°09'51" EAST 401.77 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS LOT 3 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93-0085, RECORDED UNDER KING COUNTY RECORDING NO. 9311301961); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Attest/Authenticated: 4-4,49/ Approved as to Form: Office of the City Attorney City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2440-2443. On June 2, 2014 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2440: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE THIRD AMENDMENT TO THE TUKWILA SOUTH DEVELOPMENT AGREEMENT WITH SEGALE PROPERTIES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2441: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING SEWER CONNECTION FEES FOR THE PRELIMINARY PLAT OF TUKWILA SOUTH AND PROPERTY FRONTING ON ORILLIA ROAD, TO BE CODIFIED AT CHAPTER 14.19 OF THE TUKWILA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2442: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2368 §55, §61, §62, §70; 2294 §1; 2257 §11; 2251 §61, §63, §73, §75; 2235 §13, §14, §15, §16, §17, §19; 2199 §20; 2135 §19; 2119 §1; 2118 §1; 2005 §17; 1986 §16; 1872 §14 (part); 1865 §50, §51; AND 1758 §1 (part), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO INCORPORATE CHANGES RELATING TO THE TUKWILA URBAN CENTER DISTRICTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2443: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2084 §2 (PART); 2097 §15, §16; 2135 §12; 2251 §38, §39, §40; 2287 §17, §18, §19; AND 2368 §25, §26, §27, §28, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.28; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 18.28 TO IMPLEMENT THE GOALS AND POLICIES OF THE TUKWILA COMPREHENSIVE PLAN AND SOUTHCENTER SUBAREA PLAN; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: June 5, 2014 (tr. NBT1 'so�n+cEN�. it 3, I I FpT B --.-. DENOTES FINAL PLAT PHASE ONE COMMON AREAS. FDT A DENOTES FUTURE DEVELOPMENT TRACTS TUKWILA SOUTH PORTIONS OF SEC. 35, TWP. 23 N., R. 4 E.W.M. and SEC. 2 and 3, TWP. 22 N., R. 4 E.W.M. TUKWILA, WASHINGTON. FL 39 07] c n r3 INTERSTATE 5 38 , PRIVATE ROAD ACCESS TRACT 1 OPEN SPACE TRACT 2 tn ' 4 r , 31 34" GRAPHIC SCALE id (w r r ) 1 inch = 400 rl ---------- DENOTES FINAL PLAT BOUNDARY 1 DENOTES LOT NUMBER RD1 DENOTES STORM WATER TRACT SAT1 DENOTES SENSITIVE AREA TRACT NOTES: 1. TOPOGRAPHY, EXISTING IMPROVEMENTS, AND CRITICAL AREAS ARE SHOWN PER BASE DATA CURRENT AS OF DEC. 2014. MANY GRADING AND SITE IMPROVEMENTS ARE COMPLETE OR IN —PROGRESS PER APPROVED SOUTHCENTER PARKWAY PLANS AND GRADING PERMITS. CITY OF TUKWILA PW10-063 AND PW10-064. OPEN SPACE TRACT 1 22 23 PRIVATE' ROAD ACCESS TRACT 2,:�„- :FDT t.127 I;FDT..K '-228 SAT5 RD2 PQ S. 204TH ST. DJ w w a Q V Q < sg (0< 4 s5 to FINAL PLAT PHASE MAP N/A 3 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX: (206) 431-3665 E-mail: plannin.@TukwilaWA.gov AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: SS RECE VED JUN 09 2011 1. I am the current owner of the property which is the subject of this application. Community Development 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at Tukwila South Project for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at Tukwila 001111I,,,,,, NOTARY = - = N` PUBL C08 'o� F OF WPks'c On this day personally appeared before me executed the foregoing instrument and acknowledged that and purposes mentioned therein. (city), WA (state), on June 7 SUBSCRIBED AND SWORN TO BEFORE ME ON TS Mark A. Segale, V.P. of Its Manager (Print Name) P O. Box 88028, Tukwila, WA 98138 (Address) 206-5 5-2000 (Phone N (Signature) , 20 17 to me known to be the individual who she signed the §ai e aphis her voluntary act and deed for the uses DAY OF ,Q_ , 20 t NO'l ARY PUBLIC in and for t1 e State of Washington residing at —7— k My Commission expires on I H:\Land Use Applications in PDF\Subdivision Preliminary-Jan2011.doc COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City Staff are available to answer questions about application materials at 206-431-3670 (Department of Community Development) and 206-433-0179 (Department of Public Works). * Please note that the application fee listed in the Land Use Fee Schedule covers up to a specified number of review hours and is due at the time an application is received by the City. Review hours over the retainer fee will be charged at $92.00 per hour and the applicant will receive a monthly bill when those fees become due Check items submitted with application Information Required. May be waived in unusual cases, upon approval of Public Works and/or Planning APPLICATION MATERIALS: ✓ 1. Application Checklist (1 copy) indicating items submitted with as slication. 1 2. Completed Application Form and drawings (4 copies). ✓ 3. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). 1 4. One set of all plans reduced to 8 1/2" x 11" or 11" x 17". ✓ 5. Application Fee: See Land Use Fee Schedule for standard application fee. *Additional fees may be incurred. 6. SEPA Environmental Checklist, see SEPA Application Packet PUBLIC NOTICE MATERIALS: 1 7. Payment of a $365 notice board fee to FastSigns Tukwila OR provide a 4' x 4' public notice board on site within 14 days of the Department determining that a complete application has been received (see Public Notice Sign Specifications Handout). 8. Pay the fee as established by the Land Use Fee Schedule for generating mailing labels; OR provide an excel spreadsheet of mailing labels for all property owners and tenants (residents and businesses) within 500 feet of the subject property. Each unit in multiple family buildings e.g. apartments, condos, trailer parks --must be included. Once your project is assigned to a planner, you will be required to provide an electronic copy of the mailing label spreadsheet in the following format: Name, Street Address, City St Zip, with each of these fields as an individual column: Name Street Address City, St, Zip Mr. Smith 1234 Park Ave S Tukwila WA 98188 PLEASE NOTE: Regardless of whether you pay the City to generate the mailing labels or you provide them, there is an additional fee for postage and material as listed under Public Notice Mailing Fee on the Land Use Fee Schedule. Payment of this fee is due prior to issuance of the decision and you will receive a separate bill for this fee. 9. If providing own labels, include King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot. H:\Land Use Applications in PDF\Subdivision Preliminary-Jan2011.doc Check items submitted with application Information Required. May be waived in unusual cases, upon approval of Public Works and/or Planning PROJECT DESCRIPTION AND ANALYSIS: 1 10. Title Report: must clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances, must be dated within 45 days of application filing (two copies). 1 11. Sewer and water availability letters are required from the provider district if the area is not serviced by the City of Tukwila. Forms are available at the DCD office. 12. Provide two copies of sensitive area studies such as wetland or geotechnical reports if needed per Tukwila's Sensitive Areas Ordinance (TMC 18.45). See Customer Assistance Bulletin B4 for Geotechnical Report Guidelines and Sensitive Area Special Study Guidelines for additional information. 1 13. A written discussion of project consistency with decision criteria, see back of packet. PLAT SURVEY: 1 14. (a) The plat survey must include the name of the plat, graphic scale, space for the City of Tukwila file number and north arrow. It shall be drawn with black ink in record of survey format and include the elements listed at TMC 17.04.060(A). This shall be stamped by the surveyor. ✓ (b) Legal descriptions of the existing and proposed lots. 1 (c) All applicable certificates and approvals (see TMC 17.04.060). ✓ (d) Existing and proposed lot lines shown solid with new lines called out and lot lines to be removed shown dashed. ✓ (e) Lot and block numbers beginning with the number one (1) and numbered consecutively without omission or duplication. 1 (f) Total lot or parcel sizes and average width of each proposed lot (min 50 ft. for residential). ✓ (g) Dash in required setback distances from all parcel lot lines. (h) Fire access lanes and turn-arounds per Fire Department standards. ✓ (i) Location of all tracts to be dedicated to any public or private purpose shall be distinguished from lots intended for general development with notes stating their purpose and limitations. 1 (j) Locations of existing and proposed public street rights -of -way and private access easements. ✓ (k) Location, dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. 1 (1) Vicinity Map with site location, does not have to be to scale. LANDSCAPE PLAN: 15. (a) Landscape planting plan stamped and signed by a Washington State licensed landscape architect. Plan must include at least one tree in the front yard of each lot and meet Public Works standards (TMC 17.20.030 G). Plans must include the type, quantity, spacing and location of all plantings. Maximum sheet size 24" x 36". (b) Show all existing trees to be retained and any tree protection measures required (for example fencing at drip line). H:\Land Use Applications in PDF\Subdivision Preliminary-Jan2011.doc Check items submitted with application Information Required. May be waived in unusual cases, upon approval of Public Works and/or Planning SENSITIVE AREAS PLAN: 16. (a) Plan showing the location of all sensitive areas (e.g. streams, wetlands, slopes over 15%, coal mine areas and important geological and archaeological sites). For stream frontage provide existing and proposed top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). Maximum sheet size 24" x 36". ✓ (b) Location of all required sensitive areabuffers, setbacks, tracts and protection measures. (c) Show all significant trees (4" or more in diameter measured 4.5 feet above grade), indicating those to be retained and those to be removed. A tree permit will be required for removal of any significant trees within a sensitive area or its buffer. ✓ (d) Show proposed lot and tract lines. CIVIL PLANS: ✓ 17. (a) One set of all civil plans and analyses shall be stamped, signed and dated by a licensed professional engineer. Include a graphic scale and north arrow. Maximum sheet size 24" x 36". ✓ (b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to NGVD 1929, if in a flood zone or flood -prone area. See lam://www.tukwilawa.gov/pubwks/pwpermit.html for further information. ✓ (c) Existing (dashed) and proposed (solid) topography at 2' intervals (minimum 20 ft. beyond the property line). 1 (d) Total expected cut and fill for plat buildout. ✓ (e) Existing and proposed utility improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. site line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like are needed. (f) Storm drainage design at least 90% complete, which meets the King County Surface Water Design Manual (KCSWDM). Include a Technical Information Report (TIR) including feasibility analysis if required by the Manual. Call out total existing and proposed impervious surface in square feet. Include all storm drainage conveyance systems, water quality features, detention structures, maintenance access and safety features. For additional guidance contact Public Works or go to http://www.tukwilawa.gov/pubwks/pwpermit.html. ✓ (g) Locate the nearest existing hydrant and all proposed hydrants. 1 (h) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. 1 (i) Plan, profile and cross-section for any right-of-way improvements. 1 (j) Show access to lots, driveways, parking areas, fire access lanes and turn-arounds. ✓ (k) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. Show the expected location of all new buildings.. ✓ (1) Show proposed lot, tract and easement lines. H:\Land Use Applications in PDF\Subdivision Preliminary-Jan20l 1.doc CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX: (206) 431-3665 E-mail: planninQ(a,TukwilaWA.gov SUBDIVISION - PRELIMINARY PLAT APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-PSUBP Planner: File Number: tyf — 0631 Application Complete Date: Project File Number: j2 i 17 - 6 021 Application Incomplete Date: Other File Numbers: NAME OF PROJECT/DEVELOPMENT: Tukwila South Preliminary Plat LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if. vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. Tukwila South Hof TUVED KWILA CITY LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). See Plat Application DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: Mark Segale Address: P.O. Box 88028, Tukwila, WA 98138 Phone: E-mail: msegale@se:alepro. -rtie .com JuN U 9 2411 PERMIT CENT (206) 575-2000 FAX: Signature: Date: H:\Land Use Applications in PDF\Subdivision Preliminary-Jan2011.doc CITY OF TUKWILA' FILE NO. �P. Nc. 3A LIA l�R 71) �A I CITY OF TUKWILA �---1--I; I NB 1 I 2 ` SAT1 .41 4MIND ND B "-!I -`.�D.O.T. NC 17-7 -__-- EC 2005 � '�__ --_�_4 W 1 I \'^II�7e-- --4S�I1`OBRASS 8ON.I y4 5_`-�,_- I 5-.L�__-ti` GEr. 2005 .,, I / -I� _I --- - 0y I �— 5y PRELIMINARY PLAT TUKWILA SOUTH BE/NO PORTIONS OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.AL, AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON. SITE DATA I 022204-9008 022204-9011 022204-9015 022204-9033 022204-9037 022204-9040 022204-9043 022204-9057 022204-9061 023900-0352 262304-9065 A 032204-9006 032204-9047 032204-9052 032204-9090 032204-9092 032204-9093 032204-9100 _ j SAT2 I I CITY OF SIATAC N 0115'31" E 265775 �7?�T 4..9 W 352304-9009 352304-9013 352304-9015 352304-9016 352304-9017 352304-9025 352304-9027 352304-9034 352304-9036 352304-9038 352304-9041 352304-9045 352304-9049 352304-9050 352304-9051 352304-9065 352304-9066 352304-9068 352304-9078 352304-9090 352304-9116 352304-9117 352304-9118 �1E AREA: 328.92 ACRES +/- 42 LOTS = TOTAL AREA: 236.84 ACRES +/- 2 PRIVATE ROAD TRACTS = TOTAL AREA 1.93 ACRES 1 NON BUILDABLE TRACT (NBT1) = TOTAL AREA 0.93 ACRES 2 REGIONAL DETENTION (RD/) TRACTS = TOTAL AREA: 18.42 ACRES 5 SENSITIVE AREA TRACTS (SATE) TOTAL AREA: 67.32 ACRES 2 OPEN SPACE TRACTS = TOTAL AREA: 3.48 ACRES +/- AVERAGE LOT SIZE = 5.64 ACRES ADJOIN/NO PARCELS I OR 022204-9036 TUKWILA HISTORICAL SOCETY ) 022204-9106 PUGET SOUND ENERGY ) 032204-9049 DRAINAGE DISTRICT 2 OF KING COUNTY ) 032204-9062 SEGALE PROPERTIES LLC ) 262304-9067 CLPF TUKWILA LP ) 262304-9096 CASTELLO LAND CO. ) 262304-9136 CLPF TUKWILA LP ) 352304-9008 CJ1Y Of IUKNIU ) 352304-9012 SCALE PROPERTIES LLC ) 352304-9014 GIN 1UKIWLA REALTY LLC 352304-9031 CRE MANAGEMENT SERVICES INC. ) 352304-9033 SEGALE PROPERTIES LLC ) 352304-9037 KING COUNTY SOLID WASTE 352304-9039 BUI WEN D+TONNU THANH RAE ) 352304-9040 CITY OF RINWILA ) 352304-9081 GN1 TUKWU REALTY LLC ) 352304-9082 M A:P COMPANY ) 352304-9087 LEVITZ TUKIIU LLC ) 352304-9088 LEVIIZ TUKWILA LLC ) 352304-9107 ANDOVER PROPERTY MANA(EMENT ) 352304-9109 SEGALE PROPERTIES LLC ) 352304-9112 LIT INDUSTRIAL LTD. PARTNERSHIP ) 352304-9115 SECALE PROPERTIES LLC ) 352304-9119 UT INDUSTRIAL LID. PARTNERSHIP ) 352304-9124 (SEGALE PROPERTIES LLC ) GENERAL NOTES APPLICANT: OWNER: WATER SUPPLY: SEWAGE: GAS COMPANY: PONER COMPANY: PROPOSED USES: AREA ZONING: MIDEPL1A10 20If40) BECAME PROPERTIES LLC P.O. BOX 88028 TUKWILA, WA 98138 SEGALE PROPERTIES LLC P.O. BOX 88028 TUKWILA, WA 98138 HIGHUNE WATER DISTRICT CITY OF TUKWLA PUGET SOUND ENERGY PUGET SOUND ENERGY OFFICE CAMPUS RETAIL MULTI -FAMILY RE0DENOAL LIGHT INDUSTRIAL IUKW1LA SOUD1 OVERLAY HI HEAVY NW51RIAl. M 1LNMA VALLEY SOUTH LOU 10* DENSITY 6831<6NNl M10 MIXED USE MICE TOTAL BUILDING AREA: 10,300.000 S0. FT. TRIP CEIUNG: 5EVE1OPMENT WITHIN THIS PLAT IS UNITED TO NEW DEVELOPMENT GENERATING NOT MORE DIAN 10,166 NET NEW PEAK HOUR TRIPS. SETBACKS: FRONT - ADJACENT TO A 15 FEET* PU81JC STREET SECOND FRONT - ADJACENT 15 FEET• TO A PUBLIC STREET SIDES: REAR HEIGHT: NONE.; INCREASED TO 10 FEET IF ADJACENT TO RESIDENTIAL USE OR NON-TS0 ZONED PROPERTY NONE., INCREASED TO 10 FEET IF ADJACENT TO RESIDENTIAL USE OR NON-TS0 ZONED PROPERTY 125 FEET • SUB,ECT TO MODIFICATION TO MEET FRE DEPARTMENT REQUIREMENTS SEE ARMY CORPS OF ENGINEERS RESTRICTIVE COVENANT FOR NO FURTHER FILL TO CERTAIN AREAS OF THIS PLAT A.F.N. 20110603000425 LEGEND 14, FOUND MONUMENT, AS NOTED • CALCULATED MONUMENT O FOUND PROPERTY CORNER, AS NOTED O SANITARY SEWER MANHOLE • BOLLARD ® STORM MANHOLE o CATCH BASIN 01 WATER METER ✓ FIRE HYDRANT D4 WATER NAM 81 UDUTY ,UNCTION BOX o LIGHT STANDARD ▪ UDUTY POLE 01 TELEPHONE RISER k(--O STREET LIGHT rh WHEEL CHAIR RAMP O BORE HOLE F• IRE HYDRANT at`+ SPOT ELEVATION —o— FENCE LINE AS NOTED — a — OVERHEAD UTILITY UNE — • — UNDERGROUND WATER UNE —,—UNDERGROUND UTILITY UNE — ss — UNDERGROUND SANITARY SEWER LINE — n — UNDERGROUND STORM LINE —A— UNDERGROUND GAS UNE ---- PUT BOUNDARY F77.77 DENOTES CENTURY LINK EASEMENT I A.F.N. 20141002000498 f•-"j . DENOTES PEDESTRIAN TRAIL EASEMENT I ` 1F A.F.N. 20150716000578 C y DENOTES RIVER PROTECTION EASEMENT I n `--- A.F.N. 20150616000300 DENOTES COMCAST EASEMENT A.F.N. 20141121001572 I GRAPHIC SCALE 402 10 ." KO I de BASIS OF BEARINGS NORTH AMERICAN DATUM 1983/11 ADJUSTMENT. WASHINGTON STATE PLANE NORTH ZONE HOLDING W.S.D.O.T. MONUMENT 1.0. "HC 17-7" A 3" BRASS DISK IN THE NORTH SIDEWALK S. 178TH ST. BRIDGE O 1-5 METHODS AND EQUIPMENT d SURVEY WAS PERFORMED 1WTH A HIPER GPS UNIT AND 5" ELECTRONIC TOTAL STATION, USING TRAVERSE AND RADIAL SURVEY �y METH00S. SURVEY MEETS OR EXCEEDS ACCURACY REQUIREMENTS CONTAINED IN WAG. 332.130.090 I CITY OF KENT 01'09.12" W 2805.39' SURVEY REFERENCES KING COUNTY SURVEY N0. 35-23-4-12 S 178111 ST. FREEWAY EAST TO TUKN<LA CITY UINTS 6/6/66 KING COUNTY SURVEY N0. 3-22-4-11 ORILLA ROAD - S. 212111 ST. NO DATE FOUND or A PART P.S.- WA. STATE HIGHWAY COMMISSION RICHT-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. SS.H, 5A TO 5. 178111 ST., 03/24/59 RECORD OF SURVEY UNDER RECORDING N0. 20111104900001 RECORD OF SURVEY UNDER RECORDING N0. 20091112900001 RECORD OF SURVEY UNDER RECORDING N0. 20090825900006 RECORD OF SURVEY UNDER RECORDING N0. 20060607900015 RECORD OF SURVEY UNDER RECORDING NO. 20010618900001 RECORD OF SURVEY UNDER RECORDING N0. 20010315900006 RECORD OF SURVEY UNDER RECORDING N0. 8909159013 RECORD OF SURVEY UNDER RECORDING N0. 8907069008 RECORD OF SURVEY UNDER RECORDING N0. 8804299009 RECORD OF SURVEY UNDER RECORDING NO. 8701059005 RECORD OF SURVEY UNDER RECORDING N0. 8509109014 RECORD OF SURVEY UNDER RECORDING NO. 8212079001 RECORD Of SURVEY UNDER RECORDING NO. 8206019001 RECORD OF SURVEY UNDER RECORDING NO. 8103109004 OPEN 34 30 :I T28 ( 1N rear ) 1 Inc1, - 400 LL OPEN SPACE TRACT 2 N 00'30'37" W SHEET INDEX \> SHEET 1: COVER SHEET SHEET 2: PUT - NORTHERN MOST AREA SHEET 3: PUT - NORTHERN MID -AREA SHEET 4: PUT - MIDDLE AREA SHEET 5: PLAT - SOUTHERN MID -AREA SHEET 6: PUT - SOUTHWEST CORNER SHEET 7: PUT - SOUTHEAST CORNER SHEET 8: PLAT - LOT 7 I SHEET 9, LEGAL DESCRIPTIONS SHEET 10 LEGAL DESCRIPTORS SHEET 11: LEGAL DESCRIPTIONS SHEET 12: LEGAL DESCRIPTIONS SHEET 13: A GENERAL NOTES / SECTION SUBDIVISION DATA GRAPHIC SCALE (U.S. FEET) 2000 0 1000 2000 II in ft VICINITY MAP I; 2651.38' I7A CITY OF KENT KING COUNTY SURVEYOR'S CERTIFICATE I. JAY D. BABCOCK, REGISTERED AS A LAND SURVEYOR BY THE STATE OF WASHINGTON, CERTIFY THAT THIS PREUMRIARY PUT IS BASED ON AN ACTUAL SURVEY OF THE LAND DESCRIBED HEREIN. CONDUCTED BY ME OR UNDER MY DIRECT SUPERVISION; THAT THE DISTANCES, COURSES AND ANGLES ARE SHOWN HEREON CORRECTLY. JAY �jYA O KPP.LS. NO. 30429 PNO 05/30/n DATE a 6 PRELIMINARY PLAT 0E9160 re, 0l0.101 0 J.B. same AS -NOTED "FE 05/30/17 SHEET 1 OF 13 PROJECT NO c.l T- oo3/ 2635 628.90' 1 1 ) 525' Ri 1' 260' IRAU196/DIS = 19.1' LENGTH > 210.12' ' (L=209.74' REC.) PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OP SECTION 3S, 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. 1 \ \ 1 \\ 10 1 Pe 11 ;3 `8i 3\di.`S2A ! 1a t. N S 87'42:17" 187 66'_ I 1_ / r I I ►1 1 1 I I 1 1 I / I I 1 I I IC 20' TIGRESS NO EGRESS E9YT. PER REC 110. 7701050665 40' DRAINAGE ESNL PER REG N0. 6233526 p W � 4, o b �� --_v123/.57= --,S 8T42'1T E N12'32'02'E ;A' 831.31', �� 0� mZ DELTA = 34'4S' 3` -'�' o� RADIUS = 429.784 s, .g `�I / LENGTH = 260.50' '�', +z o. ESNT. A.F.N. 6680144 it. 411 EXCEPTION PARCEL 1 I PER ADJUSTMENT BOUNDARY a I LINE ADJUSTMENT 8-97 z 1 j DELTA = 57'47'52" U J 1 6 RADUS = 429.78' 11 CD Id 1' iLi LENGTH = 433.54' z 1FN ,6 69yA N e g+ N85'40'03'W +. on C; P.S.E. EWT, APP. 6610130422 � \ ARAL C01111UNCA161N 9 POLE ESM7. PER REG N0. 6606040606 T617 .• . s9.. ,13• 9se •:7, -, "K} s r '.\. 2sz7'. /,1p sus' S J '*RE}4,� / 2475. 4r V• ST 545.54' S 87'48'40" E I 5 S 86'32'46" E\ 256.79' 47, 25.25' Ste, �-45.31 CENTURY IMBUE 04E.42 20141002000499 PSG VNAT E8A7. 04E.N 20130823001354 DELTA . 7910'4.7 RADIUS . 160.01 z IENGIN . 6633S N 87'48'40" W pl ` s* `\6y. 25"Ri0[ PAS ES13.. AE.N. 20140614000227 s N • DELTA .K6563Y `?S s (��9 RAdlsv 55111�20Q S., >a` — _ - 229.11' N 87'42'17" W 1 �\l "o aq C�4. \ "- '•`f ?tzj 136.44' 11 4h \'", 1, r/ 1 11 , 1 ki VACATED S. 1781H ST. 5496' l' 6 37780'41 E N 67'48'41' W 274.20' DELTA . 101271' �3'7• RNAVS. 5400D' 93 �.0J'�•.. IlNGM . 96.I8' �IVJJ �j' . Z0 WOE UINY MEL VO � I //i/ 15' HIDE STORM GRAIN ESMT. ' . /// A.F.N. 20141121001570 3 i - N 1/1l r' SEE SHEET 3 FOR CONTINUATION 0 NEW PARCEL "A" N NO. L16-0070 PER REC. 60. 20170605900032. TUKWILA STORM POND ESAIT. A.F.N. 20141121001570 • DELTA = 02'00'44" •`3�9 RADIUS = 958.50' LENGTH = 33.66' �S L4.27.E 1! S >437w. 130 GRAPHIC SCALE A � 1ao 1 14. 1 11 1 , 1 1 1 1 1 1 1 1 l 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 � 1\' 1 1 1 1 1 1 1 , 1 1 1 1 \ 1 1 1 1 1 1 1 1 1 1....\ 11 _ 1 1 1 1 1 1 1 18 1 1 1 1 t 1 v "$ n1 I b 111 11 �111 1 .fl 1 11 1\VI 1 tL1 1 3,1 1 1.41 1 1 ,' 1 1 1 1 1 1 1 1 1 1'k 1 , 1 1 1 1 \ 11 1 � 1 S 67:46'N' E "t nist IQ 13 v4ryci �839'13' 1 I 972s'�F`—E11.221 IY I �� B.L.A. 152.7Y a O 31 c3s9a, I I co ( M FELT ) 1 441 - 100 EL 26 315 EXISTING PUBLIC ROAD S. 180TH ST. N88'02'05" S 730'41"E -103.761----8229773 05/30/17 PRELIMINARY PLAT 0 man O#J.B. ' AS-N01E0 ORM 6EET 2 OF 13 IIOJECTNR �' N 2443+,3,3, „'' co cc z 100 IN GRAPHIC SCALE el >e ,� 200 (RI FEET ) 1 ' I loch = MO It I ) f 1 1 1 1 1 I I 1 I 1 I I 1 i 1 P.S.E ES/AT. A.F.N. 3729006 S 8756'0/' E GIJY MIRE ESYL A.F.N. 5690278 odd CITY WIT LINE c5 Gym! yo Q" �c \ 48, SEE SHEET 4 FOR CONTINUATION PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. L '',"<:,f,.,„,:ibez �;!gi /l! age.. i pill 1.1, �4 .4-,„t /!i �/ '�//�� 9.,,,, / j o I Z D / JD' ( LEN1Ut0 LAVE ESN1. ! •1Y. '/l A.F.N. 20141002000499 'N u V �, ^ ,y. 1 11 itimtil 111 II R.O.S. 20010618900001 \HELD LINE PER R.O.S. 20090825900006 .0 k! . sa 4 2 N for. 73 `0.1 2 100.70' nl h 5 '• 'I489'59'48 gl g El I 3= 81 r _J 142.14 / 5 8959'48" E n A Tn o 1 8470 I 1 P CO D 'N OEC7'4 ,/ /F•o RAD/U8 13.48.08' / CENCDq 154j.50. O99/ I 11 DE1TA . 515475' RA01I5 . 69.50 ILENGIN . e2.96' ODELTA 1. ar0.501• RAMS . 367.00 IFNGM . 45.38 O9 DELTA' . 645218' RADIUS . 54.08 LENGTH . 19.99' 1 t0 C6LTAI . 09R3'50' I RIMS . 75.50 1 IE1GN. 1239' I 1\ P6 . DELTA . 5821'49' BADOS . MOO' LEN81N . 733.42' 15' TIDE STORM DRAIN ESNT A.F.N. 2014112100157 SEE SHEET 2 FOR CONTINUATION DELTA . 0325'00" RADIUS = 958.50' LENGTH = 57.16' / 20' ME P6OPMFD UTILITY MT. / / o �'///,c •.16 • / �L\ '/ /'//7 //,/ /v 6.23' DELTA = 857E1'00" RADIUS = 20.00' LENGTH . 29.67' ♦ WATERLINE ESYT. PER ` REC. NO. 20130226001726 4,0'E '22_05"E 58750'ar' 103.76 82.29 3 410M117ESNI. pp1 G ( N ,4a 1A1 AM1__. I t 7 o_ DELTA 7/2T'3o'18" RADIUS f 85a50' LENG18 d 460.13' / Ev- 1. DELTA = 26'39'57' /RADIUS = 1,044.50' 'LENGTH = 484.72' ♦3 9 dry / R 'It " .0 .�9• - '6J\ / ^ t s! 9 4•0• V 1 288 Sp �avS a 0 'Vb'nr' a 0, 4 13149A18 74 !,)q�' ' 8f 8)96 7/. // w v' //Zd3 Oki 8 g J7 // A // eb // I��1',RR1IA � �E a-,�nx1 / ,�.0 84,„,. 34, ■A1EDLNE MT. PER Kt N0. 7412760369 " S DELTA . 1150'22•_♦\ RADIUS . 650.00 WON . 134.31' '4, 63A Ri /4k111% 3982 ep r \ DELTA . I05734• 9" RA0115 . 65008 / W LLN01N . 121,49' SEE SHEET 8 FOR CONTINUATION / 0414 e t?I�. ;. f%i%�17I1d�.PQa�7�i AMP. At PUKED AS—NOTFD DAM SST 3 OF 13 11106!CT NO. 14' REE 10 1 ESYT. PEA ' - 1 L/� A/N 2015076W0516 C�/L{—L1 P.SE. ESNT. PER REC. N0. 7903280654 DELTA = 23'49'45• / RADIUS = 3/5.00' LENGTH = 131.01' UTILITY ESNs. PER REC. N0. 9511220918 19' GRAPHIC SCALE 100 ( IN FEET ) 1 T>x6 • T00 IL WATER LINE ENT. PER • 7EC. NO'S. 800/080482 AND 8002080467 off EI I it 7'S5'S3' 26.22' 4"O' �..Jr Ss1v s e2'5921'W SCC 67206Ei 0 5 8T42'O6� W,J i 75.00 O, DELTA - 0117'07" IX PI RADIUS = 702500' � 1 LENGTH . I5.70' to I� ih R, i 1 �' x 4' I `7"'?a i 1 e $,0 I _' // I� /» 83q p ,y 3y U /"8y S,M1 J3.�e i �1 n N f'A en %// /%(ftf .y :l'S:t 0492�OG W • / PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF TUKW ILA, KING COUNTY, WASHINGTON. SEE SHEET 3 FOR CON11NUAT1QN s6/ ORANA" Mir PER REG Eq. 570E241 ��� POP II ,n3� y4ALOW 57T29'08•W ^ ;\ `_ 4�SRJ 569,2E ._DELTA - 0430'28• RADIUS . 700.00' LENGTH • 55.07' P.S.E. ELT. A.F.N. 201501080001124 33A PRELIMINARY PLAT L 0 w emu 4 MAKI' Net N66'41'2$E 30.51' NIT57'40 W 8.77' 4' 400 2 HELD RECORD OF SURVEY RECORDED UNDER REC. 90. 20090825900006 -- �809.70�- 4 RIUO'ESNE 149 REC Na i0N ♦.� SAT2 CONCAST MUMS E9R. A.E.N. 20130715001435 t0 1, Z sd 5� EEC. .ea V I vl B•55 S 6 - f DELTA - 0316'01• ROM - 255150 LEACH - 147.0Y ( / / 111 74 .1 3.1 II 37 • • 4`' 0 DELTA 274157 RADIUS . 29.50' LENGTH . 14.20' ODELTA - 12'164.7 RADIUS - 49.50' MGM . 10.64 M DELTA . 195724' RADIUS . 200.00' LENGTH . 90•,,•' O 00.1A_- 121SST BEGINTMG 1HE IN MOT MX TRAIL le' WOE MAL Ma PER IOR LENGTH 152.75' 44, Nth KEN. 20150016000300 125' 910ROJNE- SET BMX AS N. 20150718000678 05/30/17 DELTA 42'56'03" / / / 100 // • / /J // JC x� GRAPHIC SCALE / / DELI - 055319" RADIUS - 1,011E0' 7EMC1N . 104.21' DELTA . 1055'1T R10E15 - 143245 LETCIN - 273.00 // 87A OT' /:' PRELIMINARY PLAT TUKWILA SOUTH DEMO PORTIONS OP SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.AL, AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.N., CITY OF TUKWILA, KIND COUNTY, WASHINGTON. / 4 / , S19/� /axJ Q-t/ / �-s off// / / / A\/ / yps14 S/ avPSl 9 / y 9 i 5°/ / ,,,,, .,„. is__—te• A4'. //N ./ 1,, f `. '//� 120.00' ♦♦CQ ., 42 / / , \\ ,,ti8� // /./4, �0h�\ Y � 9 S 12' ,. dj/g' \ 474 s t /9 / °../• i 0A / / so, a• // / /% s / / �'� /9.\� rs. Sl / x / e /♦ i� f t •Jx�,� /s 0 5 i ♦ tt♦ DELTA . 105672" • RADIUS . 1,350.02 LENGTH . 26100• N 334.18' 8115'322" E • .G S 807124• R / 68073• DELTA = 58'08'02" RADIUS - 150.00' LENGTH - 15219' N 89'42'28" 377.72 SEE SH 20 ROE VILITY ESNI. 6 FOR 4. ,6, 1--y g4g.5i E 7T3629 S H' 92f4. . 7 9� I 1 P.SE 2015 AFri 2015'0106000624 $ 1 Ah E m1 I 1P�'4 DELTA - 00'26'27" RADIUS - 2041.50 LENGTH = 15.71' DELTA = 02'45'41" I RAADIUS - 2041.50' LEI4GTH = 98.39VL i/ Si%q 34by^%'C16 L-- 3♦ I H h�/ oA , i N71°6. � R co r4. /0) 1` ��� l I T 152 A3n s�ds' 428•F / �76-4• S 767 2 . I i 2_=97.9-39p2� f �' AEC va 20i PER DELTA = 06'06'S8" RADIUS 2041.50' LENGTH = 217.92' 20 VIDE PROPOSED UIR11Y ES41.- — 1 UATION Aid SEE SHEET 4 FOR CONTINUATION N6630.51' 25.•41'24"E 1175$"W 68' N12.51'40'14 8.77'•'` DELIA :50A0, RI.AEN�TM � 99.48 00 ita. Nay00.4,5E � 2�/ W h ry Q K 'Y e/ U�G�a TA = 0357'12" RADIUS -. 1945.50' z7302..31..-;Rj LENGTH - 134.24' 7 °EL7A DELTA : 0152'34 RADIUS = 1958.50' 0556 LENGTH - 64.13' N 8475.40• 66Q sl 1 "E`eI SHEET 7 FOR CONTINUATION UIE11Y EYE PER •% 90 20110605000050 DELTA - 32'34'34" RADIUS - 250.00' LENGTH - 142.14' DELTA RADIUS LENGTH ,y�� U1211I Dan PER / -AEC AR 20110605000050 N1219'4319 30.78' %N34;T 355g'p• 48 E 4p•AC SEr N 7,9 SS1Y7 RIVER PROTECTION ESMT. 910905218 RIVER LEVEE EWE A.F.N. 910905217 = 0610'56" - 720.00' = 77.69' Rif = 136.02' RRER PROIEC70N ES/IT. PER REC. 85 20150616000.300 RIVER PROTECMCN REC. NO. 6152821 / 11111/7:1:.ifis\Z's\ Xr. <44,44 • • A, RADIUS 800.00' 05/30/171 PRELIMINARY PLAT cc co OCIPARED aEotto ere), nue SHEET 5 OF 13 FMB= Pa *,- GRAPHIC SCALE IOC 400 / / / / / / / 1 Inch = 100 It / ( a PEAT 45 S 89'46'09. W TOTAL CURVE DELTA = 35'39 23 RADIUS = 1187.92' LENGTH = 739.27' PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. , V N 8820'42' E 375.90' 46. j 60.33' 315.57' • I //f 41 DELI • 10T 1 RADIUS 10 S . Lf1IGiN = 42574'42571' 8 8 DELTA • 891z4r AD7115 • 60.00' i4 198114 . 9142' I5 RUNT TWO 0015AIX 18s7T-71=: T T __ ---_�;2�7.88: - �__." T'121.0 S 8953'50' W 2 41177 (102A19'91147 ROS 200E0607900015) 1022.81' CALC. IS. 200__ TH `�M ST • -J 32.09' SEE SHEET 5 FOR CONTINUATION 26.47' CALC. 32.09' 29.97 -r DELTA - 7858'22' A1'RADIUS = 256.48' I7 / LENGTH = 353.52. 40' X 40• ACCESS MT. 6J1 SEE NOTE 15 / / 42' a I I W MN�y� DELTAI = 1226'45" /(RADIUS = 1187.92' //LENGTH = 258.04' �A? 1 F1 `' 40 X 40' ACCESS ESYE SEE NOTE 15 201[E MUTT Eli. EXISTING PUBLIC RIGHT-OF-WAY S 195350' W 2649.02' -224.4 L JW T-IS' A6f RBM7 rARO SEDGE 60' 1[E WITTY Ef. 8 I%J.6 .4g st;DELTA = 4728'14' T/f� I d5 / ;„' moo. RADIUS = LENGTH = 949.4I'/ ,/ S87�gE 8S E57 IhkR ry ...KC/ = 1604'20` 0/ RADIUS = 1187.92' / LENGTH = 333.22' A / / 25' 4R UNIT E97T NEW PARCEL 'A' OF 8.4A. N0. 1.I6-0075 PER REC. NO.20170508700005 ,5,4' Q AI,ti {(,9 0g 9 ' o,t,lkW s1/ mti TOTAL CURIE OU.7A - 932E45' RADIUS = 53.20' W4054 = 84.89' / T3 6.91 29.9,,1.' 77.66' =7= 280.34 _ 7(� NEW PARCEL '8' OF 8.4A. N0. LI6-0075 PER 6(C. NO.2017050I900005 Il f ':411i mg? Ul 27.32'--1"8 N2925'43'E / �F / / - rq. •.;1 / DDS FORM OF S 20491 5I. WAS CALMAR:0 USING AN UNRECORDED SUR0EY BY SPROUT ENGBIEERINC DAZED 1990 DELTA . 126'35'1r RADIUS . 8189' ♦ L9UM . 143.39' ♦ / W 8 DELTA 13'02' 5 . 20' LENOIN . 27.75 / S 89Y6'09' W 107360' 973.0� N 89'46 09 E _ S 89.46'09' W - 790.16 CALC. 790.08' R.O.S. N I~ 20' ON)lY ESYT.J W ) HOD251T71 A80 85 O▪ ) DELTA = 75'34'28' RADIUS = 92.50' LENGTH = 122.01' / JOHNSON CREEK FEMA 100 YR. FLOOD ZONE SEE NOTE / 4 S a 40' X 40' ACCESS ESMT. 7 SEE N01E IS r Z _ DEI TA -LENGTH g n DRAINAGE TRACT PER KING CO. COURT CAUSE N0. 47302 S. 204TH ST. 1640.07' 111.67 - N� d EAU. Af N 20140330000825 C. � � � 1 15 EiKW1 TARD 578407 o 15 LD127'23- _ DELTA= 0221'35' Y R=70420pr'� H L= 78850' R=7000.00' L. 578.71' N 8953'50' E r• --- 58828' -- Ir x 40' ACCESS ESYT. SEE NOTE 15 .0 7 STORY ORAMAGE FACU7Y NN H 545.03'_ , - .'. -_8 L.45' FRONT TIRO SE7BA0 / 5 094Y48' E / DELTA . 00.42'0Y 5102' / RADIUS . 695800• 5 033T36' 'N LENGTH • 8.70' 2524' / S 8920'35` E 598.12. N S 8920'35. E 84516' DELTA = 8830.16` RADIUS = 124.00' LENGTH = 192.26' S 8903.17'45'8' E 77 "10'020 8S 1BT 1639.8& 10.16' 589'46'09'W 5 8920'35' E 720.0I' 49 DELTA . 1738'21' a RADA15 . 39.00' LOGIN . 3243' DELTA . 5030'34' RADIUS . 54.50' L54C1N - 46.04' DELTA . *now RADIUS . 5450' LENOIH • 55.91' I o=C kW6 LEiN:7N DELTA RADIUS 0 ` • U 845.14 ,,..,.L 111.75' 5 8920'35' E JOHNSON CREEK FEMA 100 IR. FLOOD ZONE SEE NOTE / 4 J / / / JOHNSON CREEK FENA �. /00 /R. FLOOD ZONE SEE NOTE i 4 97.60' 60.30„E N85'39'22'E �$.8901'39' E N80.36 603.85' SOUTH LINE OF N.E. 1/4, ' SE 1/4 SEC.3 a g PRELIMINARY PLAT 1 6 0 DISKOIFD BY: DUYN mJ.B./F.S.I. AS -NOTED DATE SHEET 6 0R 13 7410JBCI Illl �• N n SN o CI N1N .IN 4151MNI M% S1BA0( 43,' — DELTA= 0221'35' ` , T R37042.00'� L• 788.50' _7000.00' = 578JI' N 89'53'50* E L58828' _- g-- 557.00__2. C6' IRON TARO SEIRIOI / • DELTA • 00'42'03' RADIUS . 695800' IENGIN . 65.1G 20'35' E 5 074r48' E 53.02 5 0381'38' 0 / 2524' 3 DELTA . 4718'21' RADIUS • 39.00' LENGTH . 3243' DELTA . 5070'34' RADIUS • 54.50' 101011 • 4004' 8.12' 4515' 1'35' E 781.91' JOHNSON CREEK FE9AA 100 YR. FLOOD ZONE SEE NOTE # 4 7 1 W 5/DITM DRAINAGE FACIUTT SMT. A.F.R. 20140530000825 cam • 6290130' RADIUS • 54,50' LENGTH . 85,61' z SEE SHEET 5 FOR CONTINUATION 1 UNIT Mt TER RED NO 20110605000650 IV PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 35L, 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 3ia i3R 18' we TRAIL MIT. PER REC. NO. 20150716000576 mi ROOCA2ED 0.11.1711. SUMMER OF 2014 ACTUAL OMAN. 5 At ELEV. 14' ♦/- ( DATA SNOW FOR MATHEMATICAL CLOSURE PURPOSES 04LL ) - RIVER PR01EC1104 ESN1. PER 2 REG NO 20150615000300 , ) \ \ ti. -. \ \ \ \ DELTAS - MOOT �. \ \ IE0 •6179' �1 \/ 3 J\�a'E / � 69' DELTA O/'16'18' 5. 1T1A ` ,05r\J•4, I ,-RADIUS 95000 Yy ENc x 951e' x : lxzn•N 8 L 15 _ 667.22' N 02'IY5'" E •+ \ J3' __�__��_-9=�.=E{'�ifl'-►ter s I�.Of �� 1m +� 104�.rE \ _ ^,OSIQ� e 3794 E 50508' 5 mail E s B9'4a E �,•+r' S dT�4_i'OS' ��. ` S�05.• £ _ y la N 6 5 6 S C i I ST.— • E 1 'LEI S IUS . 6958.D0 • S N• E;�� - • �T :LTA OS + OOr OEL7A - 06'1310" 1 aN F ,LENGTH = 179.98'-J6209�' '-J NGiN - 34e..u' RADIUS . 6704'- �.♦. I 1 �1 ��✓'�P'f U 1ENGl PER JS•ODYR E{� 7-1�'�S 76 . Ns LENGTH - 67.04' E 1. PEE N0. 2011DNi, 57899 :IeAaJ 13.2.4., � N 88248?�_ r 60p' ` I I m 182 L I25' swam SET &1CI(i75 ',' 1 PRIVATE ROAD AND L TLMES 'TRACT 2' N DELTA : suaa / I / N 13�r E DELTA . 4718'21' LENCIN . 292JS' 1 RADIUS . 39.00' LENGTH . 3243' I �/ DELTA • 44'46'08' RADIUS - 54.50' LENGTH - 4258' 8 TOTAL CURVE DELTA = 02'55'50' RADIUS = 6958E10' LENGTH - 355.88' DELTA - 9090'00' RAC • 54.50' LENGTH • 84.61' 645,16' '^jj 13A75' 5 E92035' E - 27•01 REC DREALDTUS •= 0412'4020 JOHNSON CREEK FEMA )I 100 YR. FLOOD ZONE / SEE NOTE / 4 / / 285.13' 5 661813' E I � Il � -- I- tig JOHNSON CREEK FEN4A 100 YR. FLOOD ZONE SEE NOTE / 4 S 8914'54' E 97 60'-" 0.39 ,E 73.37' ,N85'3922'E �.. DELTA . Il4TM58• RAO85 . MOO'33 LDIG1N . A49' STORY DRANAGE FACWIY ONT. A.F.78 20140930000525 S INVER PROIECRON ESYT. PER REC NO. 2015E616000300 M6��2,W 5511433•E 12.11. DELTA - 1611315' RADIUS . 4.1650' LENGTH . 12261' DELTA . 013631' RADIUS • 43850' LENG 11 . 1464' SIB 19 /) DELTA - ,4'28' RADIUS . 18200' LENGTH . 63.24' 46059' S mRt'OY E • i i -'- I • M1rc TRAL Fart. PEA 9E 50716000516 1319 RR0R PROTECTION MT. PER REG. ND. 20150116000300 04. DE SAC ESMT. PER REG NO. 9105231406 1055.57• E i 1; 123.06' 2. N 89'42 1/ DELTA - 14'36'19' RADIUS - 653.4r/ 4 LENGTH- 156,3' V1'39' E N80'36 03 I KING CO. DRAINAGE D.T. C1 (--y // ! 4/, 7.1 •^. 603.85' S. �f,�,E•TL_1 �+T `/ As - -�''- N 89'19'S6' S' S 204 1 H S 1 832.69' 2 i' 4236' 7 SOUTH UNE OF N.E. 1/4• r S.E. 1/4 SEC. 3 S•89'19'53' E 818.22' OPEN SPACE TRACT 1 SEE NM , 13 TOTAL CURVE E DELTA = 44'57'5i' / RADIUS _ 750.00' / LENGTH 588.58' Sae 1RAL ESYT. PER 20150716000575 GRAPHIC SCALE 30 100 ( TN FEET ) 1 Inch • 100 It. 05/30/17 PRELIMINARY PLAT 1 rw IL CC k EL 5 a 0Al4N n:J•8./R.S.L. C1ECAm 60 J.B. AS -NOTED 001E SHEET 7 OF 13 inixecr mica ml.•xnw..•amnln•n• //%14,,,.,4ve,.k7A `,;?\\ \\\Vo\ei, • ;1 -"WA/ " 288.39. 50, F PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.AL, AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.AL, CITY OF TUKWILA, KING COUNTY, WASHINGTON. SEE SHEET 3 FOR CONTINUATION WAIERLNE ESRT. PER I REG NEW 7412200360 \ / I _'.( / / '� RADIUS + 650.072 „ //�? T4 LEWIN . 134.3T `L.' 0, 1`acg°j s �/ �$ I 131,91.1e /2Sp� 67j�96'E // ~0 40,y7 444o1a /jl / 1.*„. Jy6Z 60. /7�y 3j 4 ak �� 0) // 3Q"i LENGTH . 1n.4C / w 4 (/nU' / I ryf, ✓} ip. / i�yTt D g bra // g // yJF Qak V ®6tr�4a� limit C N 8.319.03.OD ,�R! LAJ tri 4 LENGTH . 54.24, <W OOFLTA . 121613' 04( 05 . 49.5LY LENGiN . 10.64' O3 OEL,IA . 195Y24' RADIUS . 26G00' LENGTH . 9056' DELTA . 12'LESY SOO6U — LENGM . 8106' 000.TA . 44145r RADIUS . 7530' IENMM . 56.9Y ©DELTA . 3672.09" RADIUS . 49.80' LENGTH . 31.56' is sfy�1J' SEE SHEET 4 FOR CONTINUATION 14' WOE 5RNL EWE. PER A.F.N. 201507160:0576 OPt SCAM END OF 14' FOOT WOE MAIL ESN!. PER REG NM 20150714000570 OAR LIE O 14' 1/- RIVER PROTECTION ESNT. PER REC. NO. 20157016000300 RISER PR01ECR0N E41T. PER REG NEL 20150618E00300 EXISTING TOP OF DIKE A RFVER PROIEC00N ESNT. EXISTS ON THE PRESENT TOP OF BANK ON THE LEFT BANK OF THE GREEN RIVER A.F.N. 6027013 AND 6027015 IC WEE RUE. BHT. PER REC. 40. 2015071500157R 05/30/17 a. Ric 4 VMS. MI AS —NOTED IATE MEET 8 Cr 13 MIOJEGI _ Z./?•-03) EXISTING PARCEL LEGAL DESCRIPTIONS: PARCEL 022204"9008 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSISP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY N0.1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD N0. 76), SOUTHERLY OF THE NORTH LINE OF SAD SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 67• 59' 06" EAST, ALONG THE NORTH LINE OF SAO SECTION. TO THE WESTERLY MARGIN OF FRAMER ROAD (MESS COUNTY ROAD N0. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01. 53' 23" EAST, 1E20 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 08. 10' 20", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE PONT OF BEGINNING OF SAID LINE; THENCE NORTH 7r 37' 15" WEST 330.38 FEET; THENCE SOUTH 57. 55' 05" WEST 320.85 FEET; THENCE SOUTH 7r 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 N0.1, AND THE TERMINUS OF SAID UNE; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON PARCEL 022204.9011 45 PARCEL "F", CITY OF TNONIA BOUNDARY UNE ADJUSTMENT NO. L15-0040, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 20161024900004. PARCEL 022204.9015 PARCEL "A", OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L12411 AS RECORDED UNDER KING COUNTY RECORDING N0. 20130108900003. SITUATE IN THE CRY OF TUKWILA, KING COUNTY, WASHINGTON. PARCEL 022204-9033 TEAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A PONT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH Or 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE ALONG SAID WEST UNE, SOUTH 01. 55' 10" EAST 34384 FEET; THENCE NORTH M8. 04' SO" EAST, 181.60 FEET; THENCE SOUTH O1. 60' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO.3528817; THENCE SOUTH S9. 35' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAW RIVER BANK, TO TIE NORTH UNE OF SAID SECTION 2; THENCE NORTH SW O' 20" WEST, ALONG SAID NORTH LITE, TO A POINT FROM WHICH THE NORTHWEST CORER OF SAID SECTION BEARS NORTH SW 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77' 10' 20' EAST, 289.06 FEET; THENCE SOUTH 16. 04' 10' WEST 211 AS FEET; THENCE SOUTH SW N' 10" WEST 198.77 FEET; THENCE NORTH Or/1' 4W" EAST 140.14 FEET; THENCE NORTH 7r 3T 1T WE3T 373.= FEET; THENCE SOUTH 57• B' 06" WEST 320.85 FEET: THENCE SOUTH 73. 44' 00" WEST 206.10 FEET; THENCE SOUTH 17. 47' 50" WEST 25087 FEET; THENCE NORTH 40. 27' 10" WEST 849q FEET, TO THE PONT OF BEGRIMING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAMER ROAD; TOGETHER WHIN THAT PORTION OF GOVERNMENT LOT 10IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAMER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH UNE OF THAT CERTAIN TRACT OF LAND CON/EYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO.3526817; TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CRY OF TUKWEA ORDINANCE NO. 2239. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204.9037 THAT PORTION OF GOVERNMENT LOTS 10 AND 11 N SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LNE OF SAID SECTION AT A PONT SOUTH 00 03.20" EAST 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOURS 77'19'20' EAST 269.05 FEET, THENCE SOUTH 15.04.10" WEST 311.48 FEET; THENCE SOUTH 58.11Y0" WEST 114.77 FEET; THENCE NORTH 02•11'45" EAST 140.14 FEET; THENCE NORTH 72.37'1r WEST TO THE EAST UNE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRL 30,1951 "FRAGER ROAD"; THENCE NORTHERLY ALONG SAID EASTERLY ROAD UNE TO THE NORTH UNE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION UNE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYNG SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT AT A POINT 164.8.3 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74.01'20" WEOT 91.81 FEET; THENCE NORTH 17.08'20" WEST 131.64 FEET; THENCE SOUTH 0044YO" WEST 225.46 FEET TO THE SOUTHERLY UNE OF SAD TRACT AND THE TERMINUS OF SAID UNE. TOGETHER WITH THAT PORTION OF VACATED PRAGER ROAD LYING ADJACENT THEREON PER CRY OF TUKWILA ORDNANCE NO.2231, (IF ANY(. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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. PARCEL 022204 9043 4(DFF PARCEL "D", CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16-0041, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 20461024900004. PARCEL 022204.9040 THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE EAST, WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A 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, 260.00 FEET; THENCE SOUTH 15.04'10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 10.04'10"WEST, 148.63 FEET; THENCE SOUTH 00'33'1r WEST,198.77 FEET; THENCE NORTH 05.44'15" EAST, 225.44 FEET; THENCE SOUTH S7'09'20" EAST,131.34 FEET; THENCE SOUTH 74"01'20" EAST, 9641 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUKWILA ORDINANCE NO.2239, (IF ANY I. SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204.9057 L-11 PARCEL "E", CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L160045, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 20161024100004. PARCEL 022204.906f BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERDWN: THENCE NORTH 0C10'3r WEST, ALONG THE EAST -WEST CENTERLNE OF SAID SECTION, 450.30 FEET: THENCE NORTH Or40Y7" EAST 5172 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02•IO47. EAST 611.04 FEET; THENCE NORTH 20.24'S3" EAST 88.72 FEET; THENCE NORTH 49.07'Or EAST 8200 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40'62'66" EAST, ALONG SAID SOUTHWESTERLY MARGN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 4W07`02" WEST 790.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 9156 FEET TO A POLAR ON A NON -TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84.31'00" WEST 40.00 FEET; THENCE SOUTHIWEBTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 09°18'32" WEST 190J00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF VACATED FRAMER ROAD LYING ADJACENT THEREON PER CRY OF TUNWHLA ORDNANCE NO.2239. SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900.0352 THAT PORTION OF GOVERNMENT LOT 6IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAILET7E MERIDIAN, LYING EASTERLY OF ORR.UA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO.1018781, AND NORTH OF SOUTH 200' STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2.18787.E KNT; (BENNG ALSO KNOWN AS A PORTION OF LOTS 108 AND 10S N ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED(; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204.9006 4b{q PARCEL "8", CRY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L18-0044 AS RECORDED UNDER KING COUNTY RECORDING NUMBER 20181024900004. PARCEL 032204.9047 `_ PARCEL "C", CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L164048, A3 RECORDED UNDER KING COUNTY RECORDING NUMBER 20151024900004. PARCEL 0322044052 THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 104 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 89.11' 16" WEST 1,585.30 FEET AND SOUTH 01.II' o0" EAST 386.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH01. 11'00" WEST 171.01 FEET; THENCE NORTH 10.3W 00" EAST 137.87 FEET; THENCE NORTH 48. 52' 13" EAST 73.354 FEET; THENCE NORTH S9. 11' 08" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH Sr 11' 08" WEST 1,340.72 FEET AND SOUTH Or 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH OI' 11' o0" EAST 234 FEET; THENCE SOUTHWESTERLY 131 FEET TO A POINT 120 FEET EAST OF THE PONT OF BEGINNING; THENCE SOUTH SP 11' 08" WEST 120 FEET TO THE PONT OF BEGINNING; EXCEPT PORTON FOR ORILLIA ROAD AND SOUTH 200' STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1,1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204.9090 THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1N OF THE NORTHEAST 1/4 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 CRY OF KENT FOR ROAD RIGHT- OF-WAYS AND STORM WATER RIGHT-OF-WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO.9705281237; SITUATE IN THE CRY OF IMPALA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 0322044092 THAT PORTION OF THE SOUTHEAST 1N OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.Y., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89. 11' or WEST ALONG THE NORTH LIE OF THE SOUTHEAST 1/4 OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01.11' 03' EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH Or 11' 00" EAST 300 FEET; THENCE SOUTH 8M 11' 06" WEST. PARALLEL WITH SAKI NORTH UNE, 220 FEET; THENCE NORTH OI' 11' 00" WEST 300 FEET TO THE SOUTH UNE OF THE NORTH 30 FEET OF SAD SOUTHEAST 1/4; THENCE NORTH 56' 11' 08" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CRY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204.9093 b(J PARCEL "B", CRY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L164075, AS RECORDED UNDER KING COUNTY RECORDING NUMBER 2017000H00005. PARCEL 0322044100 THE WEST 37 RODS (610.5 FEET( OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES EY DEEDS RECORDED UNDER RECORDING NOS. 1108094, ST81888. AND 6018780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO.1, BY DEED RECORDED UNDER RECORDING NO. 6101889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51" PLACE SOUTH (ORILUA ROAD SOUTH); AND EXCEPT THAT PORTION CONDEMNED BY THE CRY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO.98-2-187174 KIT; SITUATE IN THE CRY OF TUKWLA, COUNTY OF KING, STATE OF WASHINGTON. PRELIMINARY PLAT O 1,14 DIMICD ' AS -NOTED MEET 9 OF 13 PROJECT 111 EXISTING PARCEL LEGAL DESCRIPTIONS CONTINUED: PRELIMINARY PLAT TUKWILA SOUTH 8E910 PORTIONS OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.N., CITY OF TUKWILA, KING COUNTY, WASHINGTON. PARCEL 252304"9065 THAT PORTION OF THE SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 1M OF THE SOUTHWEST 1M OF SECTION 26; THENCE NORTH 67'45'57" WEST ALONG THE SOUTH LINE OF SAD SOUTHEAST 101 OF THE SOUTHWEST 1/4, A DISTANCE OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY; THENCE CONTINUING NORTH $1 46'67" WEST ALONG SAID SOUTH LNE, A DISTANCE OF 680 FEET, MORE OR LESS, TO A PONT ON A LNE WHICH IS PARALLEL WITH AND 39.0 FEET NORTHWESTERLY OF THE CENTER LINE OF A 19 FOOT RAILROAD EASEMENT ESTABLISHED BY INSTRUMENT RECORDED UNDER RECORDING NO.6843573 AND TINE TRUE POINT OF BEGINNING; THENCE NORTH 16"18'S5" EAST ALONG SAID PARALLEL LINE 92 FEET, MORE OR LESS, TO THE CENTER LINE OF A 40 FOOT DRAINAGE EASEMENT GRANTED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER RECORDING NO.6233536; THENCE NORTH 50.3$'32" WEST ALONG SAID DRAINAGE EASEMENT CENTER LINE 224 FEET, MORE OR LESS, TO THE WEST LINE OF THE SOUTHEAST 1M OF THE SOUTHWEST 1M 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 N THOSE CERTAIN 15 FOOT EASEMENTS RESERVED N DOCUMENTS RECORDED UNDER KNO COUNTY RECORDING NOS.7701060186 AND 7701000686; SITUATE 1N THE CITY OF TUKWILA. COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304.9009 THAT PORTION OF THE NORTHEAST 114 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHP 23 NORTH. RANGE 4 EAST W.M" DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1l4 OF THE NORTHWEST 114; THENCE NORTH 97.46'Sr WEST, ALONG THE NORTH LNE OF SAID NORTHEAST 1M OF THE NORTHWEST 1µ A DISTANCE OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY AND THE TRUE PONT OF BC -WINING; THENCE SOUTH 11•09'33" EAST, ALONG SAID WEST MARGIN, A DISTANCE OF 41.27 FEET; THENCE NORTH 87.46'87" WEST A DISTANCE OF 229.11 FEET; THENCE SOUTH 4T3627" WEST A DISTANCE OF 616.97 FEET; THENCE SOUT1182.4403" EAST TO THE SOUTH LINE OF THE NORTHWEST 1M OF THE NORTHEAST 1/4 OF THE NORTHWEST 1M OF SAID SECTION 35; THENCE WESTERLY, ALONG SAID SOUTH LNE, TO THE EAST LINE OF THE NORTHWEST 114 OF THE NORTHWEST 114 OF SAID SECTION 35; THENCE NORTH 01.41741" EAST, ALONG SAID EAST LINE, TO THE NORTHEAST CORNER OF 8AD NORTHWEST 1/4; THENCE SOUTH I7.46SI" EAST, ALONG THE NORTH LINE, OF SAID NORTHWEST 114, A DISTANCE OF 831.10 FEET TO THE TRUE POSIT OF BEGINNING; EXCEPT THAT PORTION OF SAD TRACT LYING WITHIN THE BOUNDARIES OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLASTS, RECORDED UNDER KWN; COUNTY RECORDING NO.7S08230762; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9013 5I A PARCEL "A" OF CITY OF TUKWILA BOUNDARY LNE ADJUSTMENT NO. L 18-0070, AS RECORDED UNDER KING COUNTY RECORDING N0. 20170605100032. EXCEPT 8GLT4 144'" FLACE. SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304.9015 5: PARCEL "A" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16-0008, AS RECORDED UNDER RECORDING NO. 2015031 8000001, RECORDS OF KING COUNTY, WASHINGTON. PARCEL 352304-9016 THAT PORTION OF THE SOUTHWEST 114 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHP 23 NORTH, RANGE 4 EAST, W.M" DESCRIBED AS FOLLOWS: 8E01NNNG AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87.69YJ6" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGNNNG; THENCE CONTINUING SOUTH 6710S'06" EAST 328.00 FEET; THENCE NORTH 16.6640" EAST 282.12 FEET; THENCE NORTH 4791'37" WEST TO THE EASTERLY FLIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY N0.1; 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 N VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LNE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 35230441017 THAT PORTION OF GOVERNMENT LOT 7, SECTION 36, TOWNSHP 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 AT A POINT SOUTH 89.0370" EAST 1,656.76 FEET AND NORTH 00.5640" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 08.13'08" EAST, 38.70 FEET; THENCE SOUTH 19.51'25" WEST, 620.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 73.0640" EAST, 233.32 FEET; THENCE NORTH 16'2W55" EAST. 374.00 FEET; THENCE NORTH 66.0736" WEST, 211.14 FEET TO A POINT WHICH BEARS NORTH 19.59'26" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH weans- WEST, 420.10 FEET TO THE TRUE POINT OF BEGINNING; SITUATE N THE COUNTY OF KING, STATE OF WASHINGTON. 6 0011 WM. Olt CIAECNIED BY: J., AS -NOTED 8188T 10 OF 13 F6olW ID. EXISTING PARCEL LEGAL DESCRIPTIONS CONTINUED: PARCEL 352304-9025 THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1N OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST WIN., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 01"4911" WEST, ALONG THE EAST UNE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35, A DISTANCE OF 757.08 FEET TO THE NORTHERLY MARGIN OF SOUTH 173" STREET (P.J. MUSIEL COUNTY ROAD); THENCE NORTH 65.2203" WEST. ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 240.64 FEET; THENCE NORTH 47"4503' WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 341.00 FEET TO THE EAST RIGHTOF-WAY LINE OF PRIMARY STATE HIGHWAY NO.1(JUNCTION S. S. H. NO. SA TO SOUTH 178' STREET); THENCE NORTH 0Y32'33" EAST, ALONG SAID EAST RIGHTOF-WAY LINE, A DISTANCE OF 240.39 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 11,119.16 FEET, AN ARC DISTANCE OF 200.74 FEET, THROUGH A CENTRAL ANGLE OF 0104'23", TO THE NORTH UNE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 37•4557 EAST, ALONG SAID NORTH LINE, A DISTANCE OF 419.14 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED SOUTH 178M STREET ADJOINING, PURSUANT TO ORDINANCE NO. S238, WHICH UPON VACATION. ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; SITUATE W THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304"9027 THE NORM 25.25 FEET OF THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORM 0r45Sr WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 481.06 FEET, TO THE WESTERLY MARGIN OF THE SOUTHCENTER PARKWAY; THENCE SOUTH 11"599T EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE CONTINUING SOUTH 11.6533" EAST, ALONG SAID MARGIN, A DISTANCE OF 04.05 FEET; THENCE SOUTH 79•00'27" WESTPOINT A DISTANCE OF 66.03 FEET TO AN ANGLE POON THE OLD ALIGNMENT OF SOUTH 176ESTREET (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 PATH THE SOUTH UNE OF SAID NORTHEAST 114 OF THE NORTHWEST 1N, BEING THE NORTHERLY MARGIN Of THE NEW ALIGNMENT OF SAID SOUTH 176" STREET; THENCE NORTH 67.5557" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.06 FEET TO A 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 6675'34", 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 29A3 FEET, THROUGH A CENTRAL ANGLE OF 06N6'Sr, TO THE OLD CENTERLINE OF SAID SOUTH 178 STREET; THENCE NORTH 29•4727" EAST, ALONG SAID OLD CENTERUINE, A DISTANCE OF 62.69 FEET TO AN ANGLE P01NT; THENCE NORTH 65.0533' WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 170" S I Rt5T 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, UES NORTH 37.6565" EAST, A DISTANCE OF 173.09 FEET; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 6075536" WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 157.60 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•6279";THENCE NORTH 63'307r WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 290.69 FEET TO THE WEST UNE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 01'4911" EAST, ALONG SAID WEST LINE, TO THE SOUTH UNE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 36; THENCE EASTERLY, ALONG SAID SOUTH UNE, TO INTERSECT A LINE WHICH BEARS NORTH MET" WEST FROM THE AFOREMENTIONED POINT "A"; THENCE SOUTH 62'44VT 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•55.06' WEST 173.09 FEET TO THE TRUE POINT OF BEGINNING; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304.9034 J V LOT B OF CRY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L174004, AS RECORDED UNDER RECORDING NO. 20170605900031, RECORDS OF KING COUNTY; EXCEPT SOUTH 184' PLACE. SITUATE N TIE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9036 PRELIMINARY PLAT TUKWILA SOUTH EEINO PORTIONS OF SECTION 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, KINO COUNTY, WASHINGTOIL 5c1 P PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L10.0005, AS RECORDED UNDER KING COUNTY RECORDING NO.20160310900001. SITUATE IN THE CRY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304"9038 PARCEL D OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 13.406, AS RECORDED UNDER KING COUNTY RECORDING NO. 20130227900006. TOGETHER WITH THAT PORTION OF VACATED SOUTH 178T" STREET LYING ADJACENT THEREON PER CITY OF TUKWILA ORDINANCE NO. 2400. PARCEL 352304.9041 THAT PORTION OF THE SOUTHWEST 1/40F THE SOUTHWEST 1/4 AND OF GOVERNMENT LOT 7IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.N., DESCRIBED AS FOLLOWS: BEGINNING AT A 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 36, BEARS SOUTH 00" IM' 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 UNE OF SAID SECTION; THENCE SOUTH or 13' 06" EAST 36.70 FEET; THENCE SOUTH 1C 69' 25" WEST 520.10 FEET; THENCE SOUTH 73" 05' 40" EAST 233.32 FEET; THENCE NORTH 16. 25 65" EAST 474.00 FEET; THENCE SOUTH 04" 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 UNE OF SAID SECTION 30; THENCE NORTH 09. 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY UNE OF SAID COUNTY ROAD; THENCE NORTHERLY FOU.OVANG 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 67. 55 20" EAST 1,312.96 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY UNE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01" 54' 58" WEST 145.53 FEET ALONG SAID UNE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 08" OE 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 or la 00" AND AN ARC LENGTH OF 51.25 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 OP 3r 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70" 01' 32" EAST 121.13 FEET TO THE END OF SAND EASEMENT; THENCE SOUTH 10. OE 23" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 111° OS 2$" WEST 100.00 FEET; THENCE NORTH 70" 51' 32" WEST 100.00 FEET; THENCE NORTH 19. 00' 26" EAST 100.00 FEET; THENCE SOUTH 70" 51' 3r EAST 100.00 TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CRY OF TUKWILA ORDNANCE N0. 2239. EXCEPT ANY PORTION THEREOF LYING WIT IN THE RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED TINDER KING COUNTY RECORDING NO.20121130002219. SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 3523049045 THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1M OF SAID SECTION 38; THENCE SOUTH 87. 66' 06" EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4, 635.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 57• IH' 06" EAST, ALONG SAID SOUTH UNE, 43S.96 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD N0.76; THENCE NORTH 01" S3. 23" WEST, ALONG SAID MARGIN, 216.74 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 306.IS FEET, THROUGH A CENTRAL ANGLE OF 07571r, AN ARC DISTANCE OF 16.35 FEET TO A SURVEY MONUMENT ON THE SOUTH UNE OF THE NORTH 1,089.31 FEET OF SAID SOUTHWEST 1(4 OF TIE SOUTHWEST 1/4 OF SECTION 36; THENCE NORTH 87. 57'17" WEST ON THE SOUTH LIE, 331.09 FEET, MORE OR LESS, TO A SURVEY MONUMENT; THENCE NORTH 47' 11' 37. WEST 3295 FEET; THENCE SOUTH 1P 55 40" WEST 262.12 FEET TO THE TRUE POINT OF BESTOWS; TOGETHER WITH THAT PORTION OF VACATED PRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUKWILA ORDNANCE NO.2239. EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING N0. 2012113000221L SITUATE IN THE CITY OF TUHWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304"9049 THE NORTH 490 FEET OF THE EAST 100 FEET OF THAT PORTION OF TIE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 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 114 OF THE SOUTHWEST 114 OF SECTION 38, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.N" FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS NORTH 39'03'20" WEST, A DISTANCE OF 507.00 FEET; THENCE ALONG SAID SOUTH UNE SOUTH 89.03'20" EAST TO THE WESTERLY LINE OF COUNTY ROAD; THENCE NORTHEASTERLY ALONG SAID WESTERLY UNE OF SAID COUNTY ROAD, TO ITS INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 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 NORM LINE Of SAID SUBOMSION, 1238.31 FELT, MORE OR LESS, TO THE WEST UNE 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 TOTS INTERSECTION WITH THE NORTHEASTERLY UNE 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 UNE TO AN ANGLE POINT HEREIN; THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHEASTERLY UNE OF SAID TRACT, 731.2 FEET TO THE PLACE OF BEGINNING; EXCEPT ANY PORTION THEREOF LYING WITHIN A TRACT OF LAND CONVEYED TO ONO COUNTY BY DEED RECORDED UNDER RECORDING NO. 3363356; SITUATE N THE, CRY OF TUKWILA, COUNTY OF KNG, STATE OF WASHINGTON. PARCEL 352304.9050 THAT PORTION OF GOVERNMENT LOT 7IN SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS S7'" 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 UNE, 210 FEET, MORE OR LESS, TO AN NON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN NON PIPE SET IN THE WESTERLY LINE OF THE SAD COUNTY ROAD; THENCE NORTHEASTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUKWILA ORDINANCE NO.2219. EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OP WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER KING COUNTY RECORDING NO. 20121130002219. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9051 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE ORILLA ROAD EXTENSION, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 35; THENCE SOUTH SI•56'00" EAST ALONG EAST AND WEST CENTER LINE 060 FEET; THENCE SOUTH 53"24'511" WEST 727.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38-4702" EAST 1144.63 FEET TO SOUTH LINE OF NORTHWEST QUARTER OF SOUTIINESTOUARTER; THENCE SOUTH /17'6700" EAST ALONG SAID SOUTH UNE 100 FEET TO SOUTHEAST CORNER SAID SUBDMSION; THENCE NORTH 04"OP00' EAST ALONG EAST LINE TO A POINT BEARING SOUTH 85'56Y10" EAST FROM THE TRAE POINT OF BE¢¢11NNNI19; THENCE NORTH WOW' 416i' Tb YNE WOE POINT OF BEGINNING; EXCEPT ANY PORTION LYING WITHIN THAT CERTAIN TRACT CONVEYED TO CHARLES C. STRONG AND OTHERS, DATED JULY 3,1904, AND RECORDED UNDER RECORDING NO.322573; AND EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SCO 590470 FOR PRIMARY STATE HIGHWAY NO. I. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304"9065 THAT PORTON OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT NTERSECTIN OF EASTERLY MAROON OF ORLLA COUNTY ROAD EXTEM ON WITH SOUTH UNE OF SUBDIVISION; THENCE SOUTH I7•SI'23" EAST 165 FEET TO THE TRUE POLAR OF BEGINNING; THENCE CONTINUING SOUTH 87•53'211* EAST80 FEET; THENCE NORTH 18"00.00" WEST TO NORTH UNE OF SOUTH 126 FEET OF SAO SUBDIVISION; THENCE NORTH a'S52I" WEST W FEET; THENCE SOUTH 15110'DO' EAST TO THE TRUE POST OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY N0.1 (SR5) (SOUTH 111S" STREET INTERCHANGE); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KI40, STATE OF WASHINGTON. PARCEL 352304.9066 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M" IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLUI COUNTY ROAD EXTENSION WITH SOUTH UNE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH UNE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26.10.20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87.63'26" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15'00'00' EAST TO BEGINNING; EXCEPT THAT PORTON LYING WITHIN PRIMARY STATE HIGHWAY N0.1 OR 5) (SOUTH 183'" STREET INTERCHANGE); SITUATE IN THE CRY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304"906S THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, WJ3., IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 04. 04' 20" WEST, ALONG THE EASTERLY UNE OF SAID SUBDIVISION, A DISTANCE OF 490 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH Sr 57' 17" WEST, PARALLEL WTN THE NORTHERLY LINE OF SAID SUBDIVISION, A DISTANCE Of 843.32 FEET TO A PONT WHICH S SOUTH O7' 57'17" EAST 406 FEET FROM THE WESTERLY UNE OF SAID SUBDIVISION; THENCE SOUTH 232.00 FEET TO THE THREAD OF A CREEK FLOWING SOUTHEASTERLY; THENCE SOUTH 47.11' 37" EAST 456.74 FEET TO A POINT ON THE THREAD OF SAID CREEK; THENCE SOUTH 37. 57'17" EAST 33476 FEET TO AN INTERSECTION WITH THE WESTERLY MARGIN OF MESS ORO& COUNTY ROAD NO.70 (87" 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 OP 3011.48 FEET, THE CENTER OF WHICH BEARS SOUTH 3M 40' 12" EAST, AN ARC DISTANCE OF 143.56 FEET; THENCE NORTH 2r 10' 08" EAST 101.48 FEET TO AN INTERSECTION OF SAID ROAD MARGIN WTIH THE EASTERLY LINE OF SAID SUBDIVISION; THENCE NORTH 04' 04' 20" EAST 280.11 FEET TO THE TRUE PONT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN PRIMARY STATE HIGHWAY NO.1 AS CONDEMNED IN ONO COUNTY SUPERIOR COURT CAUSE NO.672088; TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CT' OF TUKWILA ORDINANCE NO.2239. EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY EXTENSION AS PER DEED RECORDED UNDER TONG COUNTY RECORDING NO.20121130002219. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9078 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.N" IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 0644'13" EAST ALONG THE WESTERLY LIMIT OF SAD SECTION OLIO FEET; THENCE SOUTH 87637'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIOHTOF-WAY MARGIN OF PRIMARY STATE HIGHWAY N0.1, SOUTH 1911'" STREET INTERCHANGE, AND THE TRUE POLAR OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUOS SOUTH 67"87.17" EAST SLOT FEET; THENCE SOUTH 223.89 FEET TO A POINT ON SAID RIGHT-OF-WAY MARGIN OPPOSITE ENGINEER'S STATION JR 38.00; THENCE SOUTH 82"46'30" WEST 00.85 FEET; THENCE NORTH 07•13.30" WEST 106.16 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; EXCPT ANY PORTION, IP ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1(SR6) (SOUTH 163, STREET INTERCHANGE); SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304"9090 bO Pt PARCEL "C", CRY OP TUKWLA BOUNDARY LINE ADJUSTMENT NO.1165075, AS RECORDED KING COUNTY RECORDING NUMBER 20170601900006. r 6 w o 1 IS i g g ) PRELIMINARY PLAT "J.O./P.SI. MD= ""J0. ".". AS -NOTED MEET 11 OF 13 ROAM? /IA PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND SECTIONS 2 AND 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CRY OF TUKWILA, KING COUNTY, WASHINGTON. EXISTING PARCEL LEGAL DESCRIPTIONS CONTINUED: PARCEL 352304.9116 LoIfl PARCEL "A" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16.0023, AS RECORDED UNDER 20150716900001, RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH THAT PORTION OF VACATED FRAGER ROAD LYING ADJACENT THEREON PER CITY OF TUKWILA ORDNANCE N0. 2239. SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304.9117 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 17•61'26" 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 01.61'68" WEST 143.63 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 6P06'02" EAST 131.00 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62Y0'00" AND AN ARC LENGTH OF 54.26 FEET; THENCE NORTH 25.55.02. EAST 13.34 FEET TO THE BEONNNO OF A 60.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13.13'26" AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 7Y61'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19901'20" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 1Y06'21" WEST 100.00 FEET; THENCE NORTH 70•6172" WEST 100.00 FEET; THENCE NORTH IYOS'21" EAST 100.00 FEET; THENCE SOUTH 7Y61'3r EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE CRY OF TUKWILA, COUNTY OF I1N0, STATE OF WASHINGTON. PARCEL 35230449118 Loa PARCEL"E" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16-0023, AS RECORDED UNDER KING COUNTY RECORDING NO. 20160716900001. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. CMG. Ina "."' AS —NOTED BIEET 12 OF 13 NIDJBCT NO. GENERAL NOTES: 1. SHORELINE SETBACK SEGALE PROPERTIES LLC IS CONSTRUCTING LEVEE IMPROVEMENTS THAT SHALL ALLOW FOR THE SHORELINE BUFFER TO BE REDUCED CONSISTENT WITH TCC 18.44.050(D)(2). THE LEVEE IMPROVEMENTS ARE SHOWN ON THE APPROVED GRADING PLAN, CITY OF TUKWILA GRADING PERMIT NO. PW10464. CONSISTENT WITH TCC 16.44.050(DX2), THE SHOREUNE SETBACK SHALL BE REDUCED TO THE AREA OCCUPIED BY THE LEVEE PLUS 10 FEET MEASURED LANDWARD FROM THE LANDWARD TOE OF THE LEVEE. 2. NATIVE GROWTH PROTECTION AREAS - SENSITIVE AREA TRACTS SEGALE PROPERTIES LLC SHALL NOT CONSTRUCT OR PERMIT ANY DEVELOPMENT ON OR WITHIN THE PROPERTY. EXCEPT TRAILS, THE ORILLIA ROAD CONNECTOR (AS THAT TERM IS DEFINED IN THE DEVELOPMENT AGREEMENT) AND UTILITIES INCLUDING, BUT NOT LIMTED TO, ELECTRICAL TRANSMISSION UNEB, PLACEMENT OF WHICH MUST BE APPROVED BY THE CITY. WATER AND SEWER SYSTEM LINES AND ACCESS ROADS FOR LEVEE MAINTENANCE. SEGALE PROPERTES SHALL NOT CLEAR THE PROPERTY EXCEPT AS PERMITTED UNDER THE APPLICABLE MUNICIPAL CODE, AND SUBJECT TO THE PROVISIONS OF THIS COVENANT. NOTWITHSTANDING THE FOREGOING, SEGALE PROPERTIES MAY CLEAR AND DISTURB THE PROPERTY IN SATISFACTION OF SEGALE PROPERTES' MITIGATION OBLIGATIONS UNDER THE SENSITIVE AREA MASTER PLAN rSAMPE. UPON COMPLETION OF THE WORK DESCRIBED IN THE SEEP AND THE APPROPRIATE AREAS OF THE PROPERTY BERG ENHANCED, RESTORED OR CREATED, AS APPUCABLE, SEGALE PROPERTES SHALL KEEP THE PROPERTY PERMANENTLY IN AN UNDISTURBED VEGETATED STATE THAT SHALL NOT 8E CLEARED OR IMPROVED EXCEPT AS NECESSARY TO (1) PRUNE OR REMOVE DEAD OR DISEASED TREES. AND VEGETATION REASONABLY ADJACENT TO DEVELOPED AREAS OF THE TUKWILA SOUTH PROPERTY (AS DEFINED N THE DEVELOPMENT AGREEMENT). (2) REMOVE INVASIVE OR EXOTIC VEGETATION, (3) PRUNE OR REMOVE TREES OR OTHER VEGETATION PRESENTING A THREAT TO LIFE OR SAFETY OR GROWING OVER ROADWAYS, LEVEES, DRAINAGE DITCHES, TRAILS, OR OTHER CORRIDORS THAT MUST BE KEPT CLEAR (4) MAINTAIN MITIGATION AREAS, OR (5) PERMIT THE WORK EXPRESSLY DESCRIBED OR REFERENCED N THIS COVENANT. 3. SEGALE PARK DRIVE C SEGALE PARK DRIVE C IS AN EXISTNO PRIVATE ROAD THAT WILL PROVIDE ACCESS TO THE EXISTING SEGALE BUSINESS PARK AS WELL AS LOTS 4, S AND 7. AN EASEMENT FOR INGRESS/EGRESS OVER THE EXISTING SEGALE PARK DRIVE C AS SHOWN ON THE FACE OF THE PLAT SHALL BE GRANTED FOR THE BENEFIT OF LOTS 4, 6 AND 7. 4. FLOOD PLAIN ELEVATION AND FILL PORTIONS OF LOTS 24 THROUGH 27 ARE MAPPED AS WITHIN THE JOHNSON CREEK FLOOD PLAN. PER FEMA FIRM 962033C0967F, THE JOHNSON CREEK DITCH FLOOD PLAIN ELEVATION IS 22 FEET NOVO 1929. THE APPROVED GRADING PLAN, GRADING PERMIT, CITY OF TUKWILA NO. PW10.064, ALLOWS FOR ALL FINISHED SITE GRADES TO SE ABOVE THE FLOOD PLAIN WITH THE FINAL SITE GRADES RANGING FROM 34.2 FEET NGVD 1920 SOUTH OF S. 200" ST. TO ELEVATION 30.9 FEET NOVO 1929 AT THE NORTH END OF THE PROJECT. S. RECIPROCAL ACCESS EASEMENTS RECIPROCAL EASEMENTS FOR INGRESSIEGRESS AND UTILITIES, IN THE LOCATIONS SHOWN ON THE PLAT, WILL BE GRANTED ACROSS LOTS WITH SHARED ACCESS ONTO SOUTHCENTER PARKWAY OR S. 203" ST. 6. "PRIVATE ROAD TRACT. OWNERSHIP PRIVATE ROAD TRACT 9" IS A PRIVATE TRACT FOR NGREESEGRESS AND UTLTTIES FOR THE BENEFIT OF THE OWNERS OF LOTS 9 THROUGH 16. OWNERSHIP OF LOTS 0 THROUGH 16 WITHIN THIS PLAT INCLUDES AND EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN PRIVATE ROAD TRACT 1. OWNERSHIP OF LOTS 9 THROUGH 16 SHALL ALSO INCLUDE AND EQUAL AND UNDIVIDED RESPONSBLITY FOR THE MAINTENANCE OF SAID TRACT. PRIVATE ROAD TRACT "2" IS A PRIVATE TRACT FOR INGRESS/EGRESS AND UTLTES FOR THE BENEFIT OF THE OWNERS OF LOTS 22 THROUGH 25. OWNERSHIP OF LOTS 22 THROUGH 28 vanilla THIS PLAT INCLUDES AND EQUAL AND UNDMDED OWNERSHIP INTEREST IN PRIVATE ROAD TRACT 2. OWNERSHIP OF LOTS 22 THROUGH 25 SHALL ALSO INCLUDE AND EQUAL AND UNDNIOED RESPONSIBLITY FOR TIE MAINTENANCE OF SAID TRACT. 7. NON -BUILDABLE TRACTS TRAM DBBiGHAYED WIPH NO ACRONYM HDY AR! NOW.CU(LDABLE YRACTE THAT ARE NOT SUITABLE FOR DEVELOPMENT DUE TO UNAVAILABILITY OF UTILITIES AND/OR ACCESS. SUCH TRACTS ARE RESERVED BY SEGALE PROPERTIES LLC, RS SUCCESSORS 8 ASSIGNS FOR FUTURE DEVELOPMENT, PROVIDED THAT NO DEVELOPMENT SHALL OCCUR NOR WILL THE CITY Of TUKWLA ISSUE ANY TYPE OF DEVELOPMENT PROPERTY OWNER IS GRANTED APPROVAL EVES. PERMITS UNTIL: A ) THE ROP BY THE CITY OF TUKWLA TO REMOVE THE NON -BUILDABLE TRACT STATUS BY GOING THROUGH A PLAT ALTERATION PROCESS PURSUANT TO RCW 66.17.216; AND B) UTLRES AND ACCESS THAT MEET THE CITY OF TUKWLA'S ADOPTED STANDARDS ARE PROVIDED TO THESE TRACTS. THE CRY OF TUKWR.A MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES THAT A FUTURE SUBDIVISION, SHORT PLAT OR PLAT ALTERATION ADJUSTMENT APPLICATION WLL BE APPROVED. ANY FUTURE SUBDIVISION, SHORT PLAT OR PLAT ALTERATION ADJUSTMENT WLL HAVE TO COMPLY WITH APPLICABLE CODE PROVISIONS AT THE TIME OF SUBMISSION OF A COMPLETE LAND USE APPLICATION AND THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LTC. S. CITY STORM EASEMENTS STORM WATER UTILITY EASEMENTS, IN TH! LOCATIONS SHOWN ON THE PLAT, WILL BE GRANTED TO THE CITY OF TUKWILA UPON REQUEST. 9. SECONDARY ACCESS AN EASEMENT FOR INGRE3SIEGRESS ACROSS LOT 22 SHALL BE RESERVED AND GRANTED FOR THE BENEFIT OF LOT 23 TO PROVIDE CIRCULATION BETWEEN LOT 23 AND THE SECONDARY ACCESS PONT ON LOT 22. THE EASEMENT SHALL BE AMENDED AT THE TIME OF SITE DEVELOPMENT OF LOT 22 TO REFLECT THE AS -BUILT LOCATION OF THE SECONDARY ACCESS ROUTE. PRELIMINARY PLAT TUKWILA SOUTH BEING PORTIONS OF SECTION 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, WASNINGTON. 10. SECONDARY ACCESS AN EASEMENT FOR NGRE8SIEGRESS ACROSS LOT 25 SHALL BE RESERVED AND GRANTED FOR THE BENEFIT OF LOT 24 TO PROVIDE CIRCULATION BETWEEN LOT 24 AND THE SECONDARY ACCESS POINT ON LOT 23. THE EASEMENT SHALL BE AMENDED AT THE TIME OF SITE DEVELOPMENT OF LOT 24 TO REFLECT THE AS -BUILT LOCATION OF THE SECONDARY ACCESS ROUTE. 11. SURFACE WATER CONVEYANCE EASEMENTS LOTS 0 THROUGH 16, WHEN DEVELOPED, ARE REQUIRED TO CONVEY SURFACE WATER RUNOFF FROM ALL ADJOINING LOTS TO THE EXISTING PIPE STUB LOCATIONS CONNECTING TO THE TRUNK STORM SEWER N SOUTHCENTER PARKWAY. EACH LOT SHALL BE ENCUMBERED WITH A COVENANT WHEREBY SAID LOT, 1► UNDEVELOPED, IS REQUIRED TO ALLOW THE CONSTRUCTION OF A STORM WATER CONVEYANCE SYSTEM TO BE CONSTRUCTED ACROSS SAID LOT AT A MUTUALLY AGREED LOCATION, OR WHEN DEVELOPED, PROVIDE CONNECTION POINTS TO ALLOW ABUTTING LOTS TO CONNECT TO THE CONVEYANCE SYSTEM PROVIDING DRAINAGE TO THE SOUTHCENTER PARKWAY TRUNK STORM SEWER. 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 -SIT! AND OFFSTE TRIBUTARY AREA TO SAID LOT. 12. SURFACE WATER CONVEYANCE EASEMENTS LOTS 22 THROUGH 25, WHEN DEVELOPED, ARE REQUIRED TO CONVEY SURFACE WATER RUNOFF FROM ALL ADJOINING LOTS TO THE EXALTING PIPE STUB LOCATIONS CONNECTNO TO THE TRUNK STORM SEWER ALONO THE WEST EDGE OF LOTS 26 AND 24. EACH LOT SHALL BE ENCUMBERED WITH A COVENANT WHEREBY SAID L07, IF UNDEVELOPED, IS REQUIRED TO ALLOW THE CONSTRUCTION OF A STORM WATER CONVEYANCE SYSTEM TO BE CONSTRUCTED ACROSS SAID LOT AT A MUTUALLY AGREED LOCATION, OR WHEN DEVELOPED, PROVIDE CONNECTION POINTS TO ALLOW ABUTTING LOTS TO CONNECT TO THE CONVEYANCE SYSTEM PROVIDING DRAINAGE TO THE SOUTHCENTER PARKWAY TRUNK STORM SEWER. ALL CONVEYANCE AND CONNECTION PROVISIONS CONSTRUCTED ON ANY SUCH LOT SHALL BE DESIGNED TO PROVIDE FLOW, AT A MIRMUM, WITH THE CAPACITY FOR FULLY DEVELOPED ON -SITE AND OFF -SITE TRIBUTARY AREA TO SAID LOT. 13. OPEN SPACE TRACTS OPEN SPACE TRACTS ARE AREAS NOT SUITABLE FOR DEVELOPMENT. OPEN SPACE TRACTS WILL BE OWNED AND MAINTAINED BY REGAL! PROPERTIES LLC AND MAY BE CONVEYED TO AN OWNER'S ASSOCIATION IN THE FUTURE. CONSTRUCTOR OF PERMANENT 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. 14. EMERGENCY ACCESS EASEMENT AN NORESSIEORE88 EASEMENT IS GRANTED ACROSS LOTS 13.17 TO PROVIDE CIRCULATION BETWEEN LOT 12-16 AND THE SOUTHCENTER PARKWAY ACCESS POINT ON LOT 17. THE EASEMENT SHALL BE AMENDED AT THE TIME OF SITE DEVELOPMENT OF LOTS 13-17 TO REFLECT THE AS8(317 LOCATION OF THE SECONDARY ACCESS ROUTE. THE PURPOSE OF THE INGRE68IEGRESS EASEMENT IS TO PROVIDE SECONDARY EMERGENCY ACCESS AND THE ACCESS ROUTE NEED ONLY BE DESIGNED FOR SUCH PURPOSE. 16. DEVELOPMENT AGREEMENT THE PROPERTY THAT 13 THE SUBJECT OF THIS PLAT IS SUBJECT TO THE 2009 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC (IGIIG COUNTY RECORDERS NUMBER 20000817000114). THE DEVELOPMENT AGREEMENT SETS FORTH OBLIGATIONS OF BOTH THE CITY AND SEGALE PROPERTIES LLC AND N NO WAY. DOES APPROVAL OF THIS SUBDIVISION MODIFY OR ALTER THE TERMS OF THE DEVELOPMENT AGREEMENT OR THE OBUGATIONS OF EITHER PARTY AS SET FORTH THEREIN. 1S. SEPA THE CITY OF TUKWILA SEPA RESPONSIBLE OFFICIAL HAS PREVIOUSLY DETERMINED THAT THE PROJECT CREATES A PROBABLE SIGNIFICANT ENVIRONMENTAL IMPACT AND REQUIRED PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT. FINAL ENVIRONMENTAL ILPACT STATEMENT (FEIS) DATED JULY 7, 2003 TOGETHER WITH THE DRAFT EIS DATED APRL 5, 2006 COMPRISE THE ENVIRONMENTAL IMPACT STATEMENT AS REQUIRED BY THE WASHINGTON STATE ENVIRONMENTAL POLICY ACT (CHAPTER 4SJ11 REVISED CODE OF WADHROTON), 17. THE CITY OF TUKWILA HAS NO RESPONSIBILITY TO BUILD. IMPROVE, MAINTAIN OR OTHERWISE SERVE THE PRIVATE ROADS OR PRIVATE STORMWATER FACILTIES LOCATED WITHIN THE PLAT AREA. 18. FIRE, PARK AND TRAFFIC IMPACT FEES, AS APPLICABLE, WILL BE DUE AT THE THE OF ISSUANCE OF A BUILDING PERMIT. 16. ALL NEW UTLmES SHALL COMPLY WITH THE CITY OF TUKWILA'S UNDERGROUND ORDINANCE. 20. FINAL STREET NAMES OF THE PRIVATE STREETS SHALL BE DECIDED AT A FUTURE DATE AND SHALL BE MUTUALLY AGREED ON BY THE CRT' OF TUKWILA AND THE PROPERTY OWNER. SEC. CORNER MON. IN CASE ROS 8509249023 S 88TKI'S9' E 2673.85' �I8 ain S)____ IA CORNERROS VON.4902IN3 CASE VIER 85092 uI hl� 8I� 4.a. SEC. CORNER CONC. MON. PER ROS 8509249023 2615./7' N 89'30'47" W ,Dm GRAPHIC SCALE D Dm WOO 2000 pop FOUND CONC. MON. DEC. 2002 NEST 1/4 CORNER FOUND CONC. MON. DEC. 2002 FOUND BRASS TACK IN CONC. IN CASE DEC. 2002 87'4128' E 2604.68' CALCULATED CORNER PER PER ROS 8509249023 FALLS IN LAKE 2663.52' CALL. "(5C3 _2663.76' ROS N 89'38'32' E 1/4 CORNER CALCULATED PER ROS 8509249023 Ei I z (N FELT) 1 Inch . 1000 tt 31 I 1 � I I a1�c%o LND I SS MON. nIIDET2005-}B S'13E I HELD KENT iANGL E S SEC.sPWAroKOeONFl %. NORTH I R1 272697FTM? 3NORT�RCCITYOF K447I-l1-/ HE4D 0010 ANGLE ROS 20010315900006 CALCULATED 1/4 CORNER N 50'30't9' W HOLDING REC. ANGLE FROM 792.59' THE N.W. SEC. CDR. S 8T42'IY E _ PER ROS 20010315900006 2624.71" 2 87Y5T4' E FOUND B.M 6 262�.99' _ 4 D.O.T. HC I7-7 V0�.3 VOA' n I ) DEC. 2005 I C� �. 41 NI. HELD FO0160THHALIGNMENT MONS. z W 1325.05 REC. iOR160th^PLANS ess- ftyi- 014 I/,�,6j14' I fFOUND BRASS NON. N CASE DEC. 2010 I3 RIB (N / pti I C�WLA//44DCORNER _ 6.4' _ 2616:_ N 889'226I3'209' W - N 89732049'' W CORNER CALCULATED 5232.98' SEAS PER CITY OF KENT 5265.48' GLO. RECORDS SECTION CONTROL DIAGRAM 05/30/17 CALCULATED SEC. CORNER HOLDING CITY OF KENT ANGLE AND DIST. FROM THE S.E. SEC. CDR. CALLATED 1/4 CORNER FOUND BRASS MON. IN CONC. DONN 1.5' DEC. 2010 EAST I/4 CORNER FOUND CONC. MON. IN CASE DEC 2010 S.W. SEC. CORNER CALCULATED PER CITY OF KENT RECORDS co W W 0- CC t QJ• '. DUO. eta., AS -NOTED SHEET 13 OF 13 FIONECF11R rm......+..,x"wal lww m.,oa.nAP".,.e case rummer ",.Ae. mA.rv"..".r m.o P..,. 4.) E-P°