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HomeMy WebLinkAbout12-176 - Tukwila Village Development Associates - Tukwila Village Development AgreementCity of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431 -3670 FAX (206) 431 -3665 E -mail: planning @tukwilaWA.gov LOT CONSOLIDATION NO. L16 -0031 DECLARATION KNOW ALL MEN BY THESE PRESENT THAT 1, THE UNDERSIGNED, OWNER IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A LOT CONSOLIDATION THEREOF PURSUANT TO RCW 58.17.040 AND DECLARE THIS ADJUSTMENT TO BE THE GRAPHIC REPRESENTATION OF THE SAME, AND THAT SAID ADJUSTMENT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNER. IN WITNESS WHEREOF HAVE SET MY HAND AND SEAL. COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ALLAN EKBERG IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE SIGNED. THIS INSTRUMENT, ON OATH STATED HE EXECUTED THE INSTRUMENT AS MAYOR OF THE CITY OF TUKWILA, AND ACKNOWLEDGED IT TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED THIS i4 DAY OF 'J/J'. 20 /A7 C■‘" 1ttit 1 ! �. 0Ft 4 "li - ' N AND FOR THE STATE OF SHINGTON g oA G • * = \ T 0'1-La =S RESIDING AT f�,.� Q 1/0 L �v$y�4 MY APPOINTMENT EXPIRES 3, q , EXISTING LEGAL DESCRIPTIONS: TITLE PARCEL K: THAT PORTION OF THE NORTH 105.12 FEET OF LOT 13 LYING EASTERLY OF STATE ROAD NO 1 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THOSE PORTIONS OF LOT 13 CONVEYED FOR ROAD PURPOSES TO KING COUNTY, STATE OF WASHINGTON, RECORDED UNDER RECORDING NO 7501150141 AND TO THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO 9603260430, RECORDS OF KING COUNTY, WASHINGTON. EXCE 19,2 TITLE THE VOLU EXCE 19, 2 TITLE THAT BEGIN THEN THEN THEN THEN THEN THEN THEN THEN NOTARY PUBLIC PRINTED NAME t /f'1F l'O WPS !`�+ PI S 141ST ST S 142ND ST S 144TH ST S 140TH ST VICINITY MAP N.T.S S 146TH ST z PI APPROVALS TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL REVIEWED, AND APPROVED BY TH, S ORT SUBDIVISION COMMITIV AND HEREBY CERTIFIED FOR FILING IS _ DAY OF 2OL. CHAIRPE N, SHORT SUBDIVISION COMMITTEE KING COUNTY DEPARTMENT OF ',9.'SSESSMENTS EXAMINED AND APPROVED THIS 24' LtfD OF "( A 10 ofd , L-Sr) KING COUNTY ASSESSOR EPUTY ASSESSOR 004000 -0180, 004000 =0194, 004000 -0146, 004000- 0145, 004000 -019 004000 -0198 TAX ACCOUNT NUMBERS 004000 -0196, RECORDER'S CERTIFICATE FILED FOR RECORD THIS __ . DAY OF 20__ AT M IN BOOK OF AT PAGES AT THE REQUEST OF BARGHAUSEN CONSULTING ENGINEERS, INC. \411:44ANAGER SUPT. OF RECORDS TITLE THAT FOLL NG THEREFROM THAT PORTION DEDICATED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT-OF-WAY RECORDED MARCH 15 AS RECORDING NO 20150319001438. PARCEL L: EST 60 FEET OF THE NORTH 83 FEET OF LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN E 11 OF PLATS, PAGE 31, RECORDS OF. KING COUNTY, WASHINGTON. TING THEREFROM THAT PORTION DEDICATED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT -OF -WAY RECORDED MARCH 15 AS RECORDING NO 20150319001438. PARCEL M: ORTION OF LOTS 13 AND 14 IN BLOCK 2 OF ADAM HOME TRACTS IN KING COUNTY, WASHINGTON, ING AT A POINT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14; E WESTERLY 100 FEET; E NORTHERLY 26 FEET; E WESTERLY 78.51 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; E NORTHEASTERLY ALONG SAID HIGHWAY .23.74 FEET; E EASTERLY 109.85 FEET; E NORTHERLY 22.20 FEET; E EASTERLY 60 FEET; E SOUTHERLY 70:60 FEET TO POINT OF BEGINNING: PARCEL N: ORTION OF LOTS 12, 13 AND 14 IN BLOCK 2 S: DESCRIBED AS FOLLOWS: OF ADAMS HOME TRACTS IN KING COUNTY, WASHINGTON, DESCRIBED AS BEGIN ING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14 THEN E WESTERLY 198.14 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; THEN I E NORTHEASTERLY ALONG SAID HIGHWAY 63.02 FEET; THEN I E EASTERLY 78.51 FEET; THENCE SOUTHERLY, 26 FEET; THENCE EASTERLY 100 FEET; THEN( E SOUTHERLY 34 FEET TO POINT OF BEGINNING. TITLE PARCEL 0: LOT 1 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT COUN , WASHINGTON. EXCE THE. WEST 60 FEET THEREOF. RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING AND. XCEPTING THEREFROM THAT PORTION DEDICATED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT -OF -WAY RECORDED MARC 19, 2015 AS RECORDING NO. 20150319001438: TITLE PARCEL P: THE EST 29.5 FEET OF LOT 15 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, R CORDS OF KING COUNTY, WASHINGTON: EXCE ING THEREFROM THAT PORTION DEDICATED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT -OF -WAY RECORDED MARCH 19, 2115 AS RECORDING NO. 20150319001438. SITUA E . IN THE CRY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. TITLE PARCEL Q: LOT 15, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED KING COUNTY, WASHINGTON. EXCEPT THE WEST 29.5 FEET THEREOF: AND EXCEPT THE SOUTH 11.5 FEET THEREOF. AND EXCEPT THE EAST 3.0 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION DEDICATED TO THE CITY OF TUKWILA BY DEDICATION OF RIGHT -OF -WAY RECORDED MARCH 19, 2015 AS RECORDING NO 20150319001438. N VOLUME 11 OF PLATS, PAGE 31, IN LAND SURVEYOR'S CERTIFICATE: THIS LOT CONSOLIDATION CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH STATE AND COUNTY STATUTES IN MAY 2016. BRIAN D. GILLOOLY, PLS WASHINGTON REGISTRATION NO. 46315 0(0 DATE 0 VOL. PG. NEW LEGAL DESCRIPTION: PARCEL A: THAT PORTION OF LOTS 12 THROUGH 15, INCLUSIVE, BLOCK 2, PLAT OF ADAMS HOME TRACTS RECORDED IN VOLUME 11, AND PAGE 31, RECORDS OF KING COUNTY, WASHINGTON, BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH MARGIN OF SOUTH 144TH STREET AS CONVEYED TO THE CITY OF TUKWILA BY KING RECORDING NO 20150319001438 AND THE EAST LINE OF SAID LOT 15; THENCE SOUTH 01'06'33" WEST,: 280.19 FEET ALONG SAID EAST LINE TO A POINT ON A LINE PARALLEL WITH AND 11.50 FEET NORTH OF THE SOUTH LINE OF SAID LOT 15; THENCE NORTH 8739'54" WEST, 97.12 FEET; THENCE SOUTH 01'06'50 WEST, 11.50 FEET TO THE SOUTH LINE OF SAID LOT 15; THENCE NORTH 8739'54" WEST, 97.33 FEET ALONG SAID SOUTH LINE AND THE SOUTH LINE OF SAID LOT 14 TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET EAST OF THE WEST LINE OF SAID LOT 14; THENCE NORTH 01'07'07 EAST, 125.03 FEET ALONG SAID PARALLEL LINE TO A POINT ON A LINE PARALLEL WITH AND 125.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 14; THENCE NORTH 87'39'54" WEST, 198.12 FEET ALONG SAID PARALLEL LINE TO THE EAST MARGIN OF TUKWILA INTERNATIONAL BOULEVARD; THENCE NORTH 20'06'52" EAST, 1.60,87 FEET TO THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED CORDED UNDER KING COUNTY RECORDING NO 9603260430; THENCE SOUTH 69'53'08" EAST, 5.00 FEET ALONG SAID EAST MARGIN; THENCE NORTH 20'06'52' EAST, 20.00 FEET ALONG SAID EAST MARGIN; THENCE NORTH 69'55'50" EAST, 2.71 FEET ALONG SAID EAST MARGIN TO SAID SOUTH MARGIN OF SOUTH 144TH STREET AS CONVEYED TO THE. CITY OF TUKWILA BY KING RECORDING NO 20150319001438; THENCE SOUTH 87'35'35" EAST, 161.55 FEET ALONG SAID SOUTH MARGIN; THENCE SOUTH 0724'25 WEST, 8.39 FEET ALONG SAID SOUTH MARGIN; THENCE SOUTH 88'52'26 EAST, 164.98 FEET TO THE TRUE POINT OF BEGINNING. SURVEYOR'S NOTES: BASIS. OF BEARING - NA083/91 PER CFIY OF TUKWILA THE BASIS OF BEARINGS FOR THIS SURVEY IS NAD 83/91 PER CITY OF TUKWILA. CITY OF TUKWILA HORIZONTAL CONTROL POINT NO 17 (S. 1/4 CORNER OF SEC. 15) WAS HELD FOR POSITION AND A LINE BETWEEN SAID POINT NO 17 AND CITY OF TUKWILA HORIZONTAL CONTROL POINT Na 1925 WAS HELD FOR ROTATION BEING NORTH 87' 35' 22 WEST. PROCEDURE / NARRATIVE A FIELD TRAVERSE USING A " TRIMBLE 5600" ROBOTIC TOTAL STATION, TRIMBLE "S6" ROBOTIC TOTAL STATION AND TOPCON GR3 GPS SUPPLEMENTED WITH FIELD NOTES WAS PERFORMED, ESTABLISHING THE ANGULAR, DISTANCE, AND VERTICAL RELATIONSHIPS BETWEEN THE MONUMENTS, PROPERTY LINES, AND TOPOGRAPHIC FEATURES AS SHOWN HEREON. THE RESULTING DATA MEETS OR EXCEEDS THE STANDARDS FOR LAND BOUNDARY SURVEYS AS SET FORTH IN WAC 332-130-090. REFERENCE MAPS: 1. RECORD -OF- SURVEY REC.N0.20050725900010 2. RECORD -OF- SURVEY REC.N0.20010711900012 3. RECORD -OF- SURVEY REC.N0.20050603900013 4. RECORD -OF- SURVEY REC.N0.20011029900014 5. PLAT OF JAMES CLARKS GARDEN ADDITION VOL. 13, PG.12 6. PLAT OF ADAMS HOME TRACTS VOL.10, PG.31 NEW LOT AREA: PARCEL A: 84,310 SQ. n oti 'kQ ENGvs- r i' 18215 72ND AVENUE SOUTH. 'Z KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES DRAWN BY STM /KMA DATE 05/02/16 SCALE: N/A CHECKED BY: BDG JOB NO.: 15255 . (1.94 AC.) PTN OF THE NE1 /4 OF THE NW1/4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON KANDERSON 11 U 255BLA03— South.dwg 5255 \survey \pla cn SHE .l 1 OF City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431 -3670 FAX (206) 431 -3665 E- mail: planning@tukwilaWA.gov . LOT CONSOLIDATION NO. L16---0031 5p' CI V �� 9 ct- / N69'55'50 "E 2.71' N20'Q6'52 SI "E 20.00' ! LOT LINE TO BE REMOVED TYP) �+„"'� c N8T35'31 "W 109.93' '+J ry ,`�► N8T39'54"W 77 80' a p 13 NI2 Soy CC 569'53'08 "E 5.00' 71.96' W 0 S87'35'35 1 t 10' SLOPE EASEMENT / REC.N0.2591475 (ONLY OVER LOT 12) 12 N8T39'54"W PARCEL I7 / / G\V'( / c©vAs 8. 144TH STREET S87'35'31 "E 387.82' 61.55' 60.02' 1 _ 1 9.57 t I.: N8715'311/1 ,,) 60.02' FOUND REBAR -W /ALUMINUM CIP LS #64545 S x9rn �' 0 I) � I '- I \JO � I LOT LINE TO BE REMOVED) 1,I N8T39'54"W 100.00 t -- 8.12' EXISTING LOT CONFIGURATION EASEMENTS r 2.5 802'24'25V 8.39' 39.30' y '29.50' EASEMENT I Lj FARCE L C 588'52'26' 26' ACCESS REC.NO. 20150520001082 EXIST.. =f STRUCTURE REMOVED 1 1. O 1 I EXIST. 1 TO BE I 1 REMOVED DRIVEWAY EASEMENT REC.N0.3785994 & 10' SEWER EASEMENT I REC.N0.7611029008 88.72' N8719'54"W 97.33 23 0 0.90' 28.61' 1/- 2" REBAR /CAP LS #6012 8' 4.98' 96.18' 'a\ CO ! I EXIST. I; !STRUCTURE 1 -_ I REMOVED PARKING EASEMENT -' REC.N0.20020614001446 AMENDED BY REC.NO. x20070330001697 96.22' N87'39'54)4 97.12' S01'Oii'50'W _ -- - 11.50r 22 l 1 6 z v i i r i rr r i i rr r ii i i i i I I I 1 RAC' PARCEL B FOUND CASED 3/8" COPPER NAIL /W PUNCH DOWN 0.8' FOUND 1/2" REBAR /CAP' LS #32506 S8735'31 "E 147.92' 7FOUND 1/2" REBAR /CAP LS #22341 U06 -0g'1 r r1002 • 5 \AO Sp 1`►� 02 A 990,-, o. FOUND TACK/WASHER ON PROP. LINE FOUND LEAD /TACK FOUND REBAR e G,HA 18215.72ND AVENUE SOUTH "z* KENT, WA 98032 (425)251 -6222 y (425)251 -8782 FAX 411' . CIVIL ENGINEERING, LAND PLANNING, ▪ G`?A,G rENG SURVEYING, ENVIRONMENTAL SERVICES N DRAWN. BY STM /KMA DATE 05/02/16 SCALE: 1 " =50' CHECKED BY: BDG JOB NO.: 15255 0. S8735'31 -"E 242.46' 0H4c, FOUND MIC S1/4 COR. SEC 15: CITY OF TUKWILA CONTROL POINT #17 25 50. VOL. PG: SECTION 15 SECTION 22 . 100 SCALE: =50' PTN OF THE NE1 /4 OF THE NW1 /4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON KANDERSON Date /Time:6/16/2016 i7. SHEET 2 OF 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431 -3670 FAX (206) 431 -3665 E -mail: planning @tukwilaWA.gov LOT CONSOLIDATION NO L16 -003 c c i N69'55'50 "E 2.71' 55' PARCEL D CC PARCEL C / Loc CCU / . S. 144TH STREET S8735'31 "E 387.82' $8T35'35 "E 161.55' FUNRE ACCESS IS S0274'25"W 8.39' 12 N20'06'52 "E 20.00' S69'53'08 "E 5.00' N8T39'54"W' 198.12' NEW LOT CONFIGURATION PARCEL A S01•06'50"W 11.50'^ S88'52•26 "E 164.98' N8739'54"W 97.33'. 23 N8T39'54"W 97.12' 22 M cn PARCEL B S8735'31.t 147.92' ora 0002' �0 18215 72ND AVENUE SOUTH 't KENT, WA 98032 (425)251 -6222 0 y` , o (425)251 -8782 FAX O tst /!, 2 �P�' 4 NG ENG' ' E. CIVIL ENGINEERING, LAND. PLANNING, SURVEYING, ENVIRONMENTAL SERVICES - DRAWN BY STM /KMA DATE 05/02/16 SCALE: 1" = 50' CHECKED BY: BDG JOB NO.: 15255 S8T35'31 "E 242.46' A -4 l�A,Q EV`NQne, 25 50 100 SCALE• =50' VOL. PG. PTN OF THE NE1 /4 OF THE NW1 /4 OF SEC, 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON L 0 (n W. N Date /Time :6 /16/20 0 (n N O 0 0 SHEET 3 OF 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431 -3670 FAX (206) 431 -3665 E -mail: planning[a?tukwilaWA.gov LOT CONSOLIDATION NO. L16 0031 SPECIAL EXCEPTIONS: (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO NCS- 791196 -WA1 DATED APRIL 27, 2016 AT 7 30 A.M.) 1 -4. NOT APPLICABLE TO BE SHOWN ON SURVEY. 5. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDING INFORMATION: MARCH 8, 1930 AS RECORDING NO. 2591475 IN FAVOR OF THE STATE OF WASHINGTON FOR: TO EXTEND SLOPES, GRADES OR EMBANKMENTS AFFECTS: PORTION OF PARCEL N (PLOTTED HEREON) ONLY OVER LOT 12 6: EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDING INFORMATION: JULY 3, 1947 AS RECORDING NO 3702188 FOR DRAINAGE PIPES AFFECTS: PORTION OF PARCEL M (NOT- PLOTTABLE) BLANKET IN NATURE OVER A PORTION OF THE WEST 60' OF LOT 14, AREA GENERALLY PLOTTED HEREON. 7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDING INFORMATION: NOVEMBER 18, 1947 AS RECORDING NO 3745751 IN FAVOR OF KING COUNTY WATER DISTRICT #38 FOR SEWERS AFFECTS: PORTION OF PARCEL P (NOT PLOTTABLE) BLANKET IN NATURE OVER THE WEST 28:6' OF LOT 15 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDING INFORMATION: MARCH 25, 1948 AS RECORDING NO 3785994 FOR DRIVEWAY AFFECTS: WEST 10 FEET OF PARCEL 0 (PLOTTED HEREON) 9. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE CONDITIONS THEREIN PROVIDED. BETWEEN : F. M. LONG, ET UX, AND KING COUNTY WATER DISTRICT #38 DATED: JANUARY 31, 1948 RECORDED: OCTOBER 10, 1952 RECORDING INFORMATION: 4280075 PROVIDING AS FOLLOWS: CONNECTION TO DRAINAGE LINE AFFECTS: PARCEL P (NOT PLOTTABLE) 10. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HERON NAMED UPON THE CONDITIONS THEREIN PROVIDED. BETWEEN: WILLIAM MANNING, ET AL, AND KING COUNTY WATER DISTRICT #38 DATED: MAY 28, 1949 RECORDED: OCTOBER 10, 1952 RECORDING INFORMATION: 4280076 PROVIDING AS FOLLOWS: SEWER LINE MAINTENANCE AFFECTS: PARCEL P (NOT PLOTTABLE) BLANKET OVER SOUTHERLY PORTION OF LOT 15 11. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDING INFORMATION: JUNE 19, 1974 AS RECORDING NO. 7406190219 IN FAVOR OF: KING COUNTY FOR SLOPES AFFECTS: PORTION OF PARCEL 0 (DOESN'T AFFECT) AREA NOW IS WITHIN PUBLIC R/W 12. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDING INFORMATION: JUNE 19, 1974 AS RECORDING NO. 7406190221 IN FAVOR OF KING COUNTY FOR SLOPES AFFECTS: PORTION OF PARCEL Q (DOESN'T AFFECT) AREA NOW IS WITHIN PUBUC R/W IC 0 13. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDING INFORMATION: NOVEMBER 12, 1974 AS RECORDING NO 7411120163 IN FAVOR OF KING COUNTY FOR SLOPES AFFECTS: PORTION OF PARCEL L (DOESN'T AFFECT) AREA NOW IS WITHIN PUBLIC R/W 14. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDING INFORMATION: NOVEMBER 13, 1974 AS RECORDING NO. 741 130393 IN FAVOR OF KING COUNTY FOR SLOPES AFFECTS: PORTION OF PARCEL K (DOESN'T AFFECT) AREA NOW IS WITHIN PUBUC R/W 15. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR KING COUNTY AS GRANTED BY DEED RECORDED JANUARY 15, 1975 UNDER RECORDING NO 7501150141. AFFECTS: PORTION OF PARCEL K (NOT PLOTTABLE) BLANKET IN NATURE 16. CONDITIONS, NOTES, EASEMENTS, PROVISIONS AND /OR ENCROACHMENTS CONTAINED OR DELINEATED ON THE FACE OF THE SURVEY RECORDED UNDER RECORDING NO 7611029008. AFFECTS: PARCELS 0 AND P (PLOTTED HEREON) 17. LEASE AND THE TERMS AND CONDITIONS THEREOF AS DISCLOSED BY MEMORANDUM OF LEASE. LESSOR: FREDRICK W. MCCONKEY DBA MCCONKEY ENTERPRISES LESSEE BRIAN SINGH HARE AND JASWINDER PABLE DBA INTERNATIONAL INDIAN CUISINE DATED: AUGUST 13, 1999 RECORDED: AUGUST 16, 1999 RECORDING INFORMATION: 19990816000531 AFFECTS: PARCELS K AND L (NOT PLOTTABLE) 18. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDING INFORMATION: JUNE 14, 2002 AS RECORDING NO 20020614001446 IN FAVOR OF THE HOUSING AUTHORITY OF THE COUNTY OF KING FOR PARKING AFFECTS: PORTION OF PARCEL Q SAID EASEMENT IS FURTHER CLARIFIED BY INSTRUMENT RECORDED MARCH 30, 2007 AS RECORDING NO. 20070330001697 (PLOIIEU HEREON) 19. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT" RECORDED: FEBRUARY 12, 2013 RECORDING NO 20130212001612 (AFFECTS ALL PARCELS) (NOT PLOTTABLE) 20. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "MEMORANDUM OF DEVELOPMENT AGREEMENT" RECORDED: FEBRUARY 12, 2013 RECORDING NO.: 20130212001613 DOCUMENT RE- RECORDED DECEMBER 30,2013 AS RECORDING NOS. 20131230000989 AND 20131230000990 OF OFFICIAL RECORDS. (AFFECTS ALL PARCELS) (NOT PLOTTABLE) 21. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED ''DECLARATION OF ACCESS AND SHARED PARKING EASEMENTS" RECORDED MAY 20, 2015 AS RECORDING NO. 20150520001082 OF OFFICIAL RECORDS. (PLOTTED HEREON) 22 -26. NOT APPLICABLE TO BE SHOWN ON SURVEY. 2 y �l, ,' di ee <r /'VG ENG1N0. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES DRAWN BY STM /KMA. DATE 05/02/16 SCALE: N /A, CHECKED BY: BDG JOB NO.: 15255 VOL. PG. PTN OF THE NE1 /4 OF THE NW1 /4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON 0 cn L w V Cr) N o. ca u7 E w 0 0 0 7 0 I . N) O L) 5000s \15255 \survey \pla SHEET 4 OF 4 After recording return to: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Boulevard Tukwila, Washington 98188 CONFORM) COPY 20150520001082 FIRST AMERICAN EAS 88.00 PAGE -001 OF 017 05/20/2015 15:26 DECLARATION OF ACCESS AND SHARED PARKING EASEMENTS Ref. 15-045 _ -..�.. rr ...�. r.r Grantor(s): 1. City of Tukwila Grantee(s): 1. City of Tukwila Legal Description (Abbreviated): Parcels A, B, C, and D, City of Tukwila Lot Consolidation No. L13 -021, recorded under King County Recording No. 20150428900001; and Parcel E [Ptns Lots 12 -15, Block 2, Adam Home Tracts (11/31)] Complete Legal Descriptions are set forth on Exhibit A -1 and Exhibit A-2 attached hereto. Assessor's Property Tax Parcel / Acct. Number(s): Assessor's Property Tax # not yet assigned for parcels A, B, C, and D. Parcel E: 004000 -0180, 004000 -0194, 004000 -0146, 004000 -0145, 004000-0191, 004000-0196, and 004000 -0198. Title(s) and Reference No(s). of Related Documents: City of Tukwila Lot Consolidation No. L13 -021, recorded under King County Recording No. 20150428900001. DECLARATION OF ACCESS AND SHARED PARIGNNG EASEMENTS The CITY OF TUKWJLA, a Washington non - charter optional municipal code city (the "OW or the "Declarant"), is the legal and beneficial owner of certain real property located in the City of Tukwila, King County, Washington, legally described on Exhibits A-1 and A -2 ( "Property "). The Property includes Parcels A, B, C and D of City of Tukwila Lot Consolidation No. L13 -021 as legally described on Exhibit A -1 (which shall be referred to herein as "Parcel A," "Parcel B," "Parcel C," and "Parcel D"). The Property also includes the real property legally described on Exhibit A -2, which shall be referred to herein collectively as "Parcel F". Each parcel shall be referred to herein individually as a "Parcel" or collectively as the "Parcels." Each owner of a Parcel shall be referred to herein as an "Owner," and the owners of all the Parcels shall be referred to herein collectively as the "Owners." Declarant, for the preservation of values and amenities of the Property, hereby declares that the Parcels are hereafter subject to the terms, conditions and provisions of this Declaration of Access and Shared Parking Easements ("Declaration"). 1. Grant of Access Easement. Declarant, as the Owner of Parcel A, Parcel B, Parcel C, Parcel D, and Parcel E, hereby grants to the Owners of Parcel A, Parcel B, Parcel C, Parcel D, and Parcel E (a) a permanent non - exclusive easement for vehicular ingress, egress and access from Tukwila International Boulevard and S. 144th Street over the easement areas legally described on Exhibit B attached hereto and as depicted on the approved site map attached hereto as Exhibit C; and (b) a permanent non - exclusive easement for pedestrian and vehicular access to use all access roads and sidewalks now or hereafter constructed on Parcels A, B, C, D and E. 2. Grant of Exclusive Parking Easement. Declarant, as the Owner of Parcel A, hereby grants to the Owner of Parcel D a permanent exclusive parking easement (for so long as Parcel D is used as a public library or for other public use) to park on a first come/first served, unreserved basis, at no charge, during the hours that the public library located on Parcel D is open for business, in twelve (12) surface parking stalls (including one which shall be an ADA accessible parking stall and one special Library vehicle loading area stall reserved for use by Library vehicles for pick up or delivery of library books and materials) (the "Exclusive Library Parkin "), to be constructed on that portion of Parcel A as illustrated and depicted on Exhibit D attached hereto. Notwithstanding anything to the contrary herein, the Owner of Parcel D shall be responsible, at its sole expense, to maintain the Exclusive Library Parking in good order, condition and repair, and in accordance with Maintenance Obligation standards set forth in Section 6 herein. In the event that Parcel D is no longer used as a public library or for other public use, then the Owner of Parcel A may terminate the easement granted in this Section by giving thirty (30) days written notice of termination to the Owner of Parcel D and filing a notice of termination in the office of the King County Recorder. 2 3. Grant of Non - Exclusive Shared Parking Easement. Declarant, as the Owner of Parcel A, Parcel B, Parcel C, and Parcel E, hereby grants to the Owners of Parcel A, Parcel B, Parcel C, Parcel D, and Parcel E, a permanent non - exclusive easement for shared non - residential parking, at no charge, on the non - residential parking stalls now or hereafter constructed on Parcels A, B, C and E (the "Shared Parking Spaces "). 4. Transportation Management Plan. The Owners shall establish a transportation management plan to maximize the utilization and efficiency of the Shared Parking Spaces, to reduce parking demand, to regulate the traffic flow, and to otherwise manage the parking on the Parcels (the "Transportation Management Plan"). The Transportation Management Plan shall comply with all laws, ordinances, codes, regulations and other governmental requirements applicable to the Parcels, and may include strategies such as encouraging transit use, assigning parking stalls for specific uses or users, restricting parking based on day of week or time of day, designating certain spaces or areas for employee parking, and other methods as the Owners may agree from time to time. The establishment of the initial Transportation Management Plan, and the adoption of any amendments or modifications thereto, shall require the unanimous approval of the Owners. Unless otherwise agreed with the unanimous approval of the Owners, the Transportation Management Plan shall permit the Owner of Parcel A to designate up to twelve (12) surface parking stalls opposite the Exclusive Library Parking, and up to seven (7) surface parking stalls parallel to Tukwila International Blvd., as illustrated and depicted on Exhibit D (together, the "Commercial Parking Area "), for retail and commercial use only, during the hours that the retail and commercial businesses located on Parcel A are open for business. Notwithstanding anything to the contrary herein, the Owner of Parcel A shall be responsible, at its sole expense, to maintain the Commercial Parking Area in good order, condition and repair, and in accordance with Maintenance Obligation standards set forth in Section 6 herein. 5. Grant of Easement for Use of Trash Enclosure. Declarant, as the Owner of Parcel A, Parcel B, Parcel C, and Parcel D, hereby grants to the Owners of Parcel A, Parcel B, Parcel C, and Parcel D, a permanent non - exclusive easement to access the trash enclosure located on Parcel A, as illustrated and visually depicted on Exhibit D, for the purpose of depositing and placing receptacles for garbage, refuse, and recycling materials. Each Owner shall be separately responsible for supplying its own receptacles for disposing of trash deposited in its receptacles at reasonable regular intervals. The Owners may, but are not required to, share dumpster space and/or jointly contract for the disposal of trash on such terms and conditions as may be mutually agreeable to the Owners. The Owner of Parcel A reserves the right to install a lock to secure the trash enclosure, provided that reasonable access to the trash enclosure is made available to the other Owners and its tenants during regular business hours. 6. Maintenance and Management Obligations and Responsibilities. (a) Parcels A. B. C. and D. (1). Commencing upon Declarant's conveyance of Parcel A to any third party, the Owner of Parcel A ( "Lead Owner") shall be responsible to maintain the paved roadways, 3 curbs, gutters, parking areas and sidewalks ("Paved Surfaces ") of Parcels A, B, C and D of the Property in good order, condition and repair (including capital improvements, if required) in compliance with applicable laws and in a manner comparable to other similar mixed -use developments of comparable size in Tukwila, Washington (the "Maintenance Obligation ") as provided herein. The Lead Owner shall also be responsible to implement and execute the Transportation Management Plan. The Maintenance Obligation shall include (a) maintenance, cleaning and repairing of the Paved Surfaces in a smooth and evenly covered condition, including sweeping, power washing, reslriping, resealing and resurfacing (b) periodic removal of litter, filth, ice and snow to the extent necessary to keep the Paved Surfaces in a safe, clean and orderly condition, (c) maintenance and cleaning of directional signage and street lighting including replacement of burn out light bulbs, and (d) maintenance of landscaping and maintenance and repair of related irrigation located within the parking or sidewalk areas of the Property. (2). The Owners of Parcels B, C and D shall reimburse the Lead Owner for their allocated share of the costs incurred by the Lead Owner in connection with the Maintenance Obligation. The allocated share ( "Allocated Share ") for each Parcel shall be as set forth below Parcel Allocated Share of Maintenance Obligation A 49.04% B 17.20% C 13.89% D 19.88% (3). At least thirty (30) days prior to the beginning of each calendar year, the Lead. Owner shall submit to the other Owners a proposed budget setting forth the estimated costs of the Maintenance Obligation (the "Proposed Maintenance Budget"). The other Owners shall pay the Lead Owner in twelve (12) equal monthly installments on the first day of each calendar month, their Allocated Share of the estimated costs of the Maintenance Obligation based upon the estimates in the Proposed Maintenance Budget. Within ninety (90) days after the end of each calendar year, the Lead Owner shall provide the other Owners with a certified statement setting forth the actual costs of the Maintenance Obligation paid by the Lead Owner during the previous calendar year and each Owner's Allocated Share of the Maintenance Obligation. The Lead Owner shall keep its books of accounts and records concerning such actual costs of the Maintenance Obligation in accordance with generally accepted accounting principles and shall maintain all such books and records for a minimum of five (5) years. If the amount paid by the Owner of any Parcel shall have exceeded its Allocated Share, the Lead Owner shall refund the excess to such Owner within thirty (30) days after such certified statement is delivered or, if the amount paid by an Owner for such calendar year is less than its Allocated Share, such Owner shall pay the balance of its Allocated Share to the Lead Owner within thirty (30) days after receipt of such certified statement. Within three (3) years after receipt of a certified statement, each Owner shall have the right to audit the Lead Owner's books and records pertaining to the actual costs of the Maintenance Obligation for the calendar year covered by such certified statement. In the event that such audit discloses any error in the determination of the actual costs of the Maintenance Obligation, the Lead Owner shall refund to such Owner the excess amount paid by such Owner (if any) for such calendar year within thirty (30) days following receipt of the results of such audit or, if the amount paid by an Owner for such calendar year is less than its Allocated Share, such Owner shall pay the unpaid balance of its Allocated Share to Lead Owner within thirty (30) days following receipt 4 of the results of such audit. If the audit discloses a discrepancy which results in an owner having overpaid its allocable share of the actual costs of the Maintenance Obligation by more than 5.00 %, Lead Owner shall pay the reasonable costs of the audit otherwise the applicable Owner shall pay the costs of the audit. (b) Parcel E. (1). Commencing upon Declarant's conveyance of Parcel E to any third party, the Owner of Parcel E shall be responsible, at its sole expense, to maintain the Paved Surfaces of Parcel E in good order, condition and repair (including capital improvements, if required) and in compliance with the Maintenance Obligation standards. (2). The Owners of Parcels A, B, and C shall reimburse the Owner of Parcel E for a total of fourteen and 84/100 percent (14.84 %) of the maintenance costs incurred by the Owner of Parcel E in connection with the maintenance of the Paved Surfaces on Parcel E (the "Parcel E Reimbursement Obligation"). The respective share of the Parcel E Reimbursement Obligation for the Owners of Parcel A, Parcel B, and Parcel C is set forth below: Parcel • Share of Parcel E Reimbursement Obligation A 6120% B 21.46% C 1734% 7. Parking Fees: Special Events There shall be no parking fees assessed or imposed by any Owner in connection with the Exclusive Library Parking, the Shared Parking Spaces, or the Commercial Parking Area. The Owners of all Parcels shall work together in good faith in scheduling and coordinating special events at the Tukwila Village Community Center & Plaza (to be located on Parcel C) or events sponsored by residents and tenants of the various buildings or by the Tukwila Library (to be located on Parcel D) which may result in a large parking demand. 8. Running With the Land The declarations, easements, limitations, covenants, conditions, and restrictions granted, reserved or otherwise set forth herein, are not intended to be personal to the individual Owners, but shall run with the land and shall be appurtenant to Parcels A, B, C, D, and E. It is the intent of the Declarant that this Agreement shall not be extinguished by the doctrine of merger. 9. Modification The provisions of this Declaration may be modified only by a written instnunent executed by the then existing Owners of Parcels A, B, C, D and E. 10. Not a Public Dedication Nothing contained herein shall be deemed to be a gift or dedication of any portion of the Property or any portion thereof to the general public or for any public use or purpose whatsoever. No Owner shall grant any third party (other than such Owner's officers, employees, agents, tenants, subtenants, customers, patrons and invitees) any right to park in any parking areas now or hereafter located on Parcels A, B, C, or E. 5 11. Enforcement and Limitation The easements, rights of use and benefits set forth herein are granted to enable the Owners to provide the same to their respective tenants and all guests of such tenants for the purpose of enhancing and protecting the value and attractiveness of the Property. Any covenant or agreement contained herein may be enforced by legal or equitable proceedings, including, without limitation, an action for specific enforcement, against any person or persons violating or attempting to violate such covenant or agreement, either to restrain or enjoin such violation and/or recover damages for an Owner's failure to pay its Allocated Share of the Maintenance Obligation; provided, however, no such action to enforce the easements granted herein may be brought by any third party whatsoever (including but not limited to the tenants) except the Owners or their successors in interest. 12. Governing Law. The validity of this Agreement, the interpretation of the rights and duties of the Owners hereunder and the construction of the terms hereof shall be governed in accordance with the internal laws of the State of Washington. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration of Access and Shared Parking Easements effective as of this j 417P- day of May, 2015. Declarant: CITY OF TUKWILA, Washington non -charter optional municipal code city Approved as to form: a.ekd bc4,v1p,u7.22-- City Attorney ACKNOWLEDGMENT STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I HEREBY CERTIFY that on this /4114- day of Ci 2015, before me, the undersigned, a notary public in and for the State of Washington, ly commissioned and sworn, personally appeared Jim Hagerstown, to me known to be the Mayor of the CITY OF TUKWILA, a Washington non- charter optional municipal code city, the municipal code city that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal code city for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument on behalf of said municipal code city. WITNESS my hand and official seal the day and year certificate first above written. Residing at My appointment ex EXHIBIT A -1 LEGAL DESCRIPTION OF PARCELS A. B. C. and D Parcels A, B, C, and D, City of Tukwila Lot Consolidation No. L13 -021, recorded under King County Recording No. 20150428900001. EXHIBIT A -2 LEGAL DESCRIPTION OF PARCEL E Parcel E per this Declaration comprises those parcels Listed below: PARCEL K (APN 004000 - 0180): THAT PORTION OF THE NORTH 105.12 H± 1 OF LOT 13 LYING EASTERLY OF STATE ROAD NO 1 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER. PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THOSE PORTIONS OF LOT 13 CONVEYED FOR ROAD PURPOSES TO KING COUNTY, STATE OF WASHINGTON, RECORDED UNDER RECORDING NO 7501150141 AND TO THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO 9603260430, RECORDS OF KING COUNTY, WASHINGTON. PARCEL L (APN 004000 -0194): THE WEST 60 FEET OF THE NORTH 83 FEET OF LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON. PARCEL M (APN 004000- 0146): THAT PORTION OF LOTS 13 AND 14 IN BLOCK 2 OF ADAM HOME TRACTS IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14; THENCE WESTERLY 100 FEET; THENCE NORTHERLY 26 FEET; THENCE WESTERLY 78.51 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE NORTHEASTERLY ALONG SAID HIGHWAY 23.74 FEET; THENCE EASTERLY 109.85 FEET; THENCE NORTHERLY 2220 FEET; THENCE EASTERLY 60 FEET; THENCE SOUTHERLY 70.60 FEET TO POINT OF BEGINNING. PARCEL N (APN 004000 - 0145): THAT PORTION OF LOTS 12, 13 AND 14 IN BLOCK 2 OF ADAMS HOME TRACTS IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14; THENCE WESTERLY 198.14 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE NORTHEASTERLY ALONG SAID HIGHWAY 63.02 FEET; THENCE EASTERLY 78.51 FEET; THENCE SOUTHERLY 26 FEET; THENCE EASTERLY 100 FEET; THENCE SOUTHERLY 34 FEET TO POINT OF BEGINNING. PARCEL 0 (APN 004000 - 0191): LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THE WEST 60 FEET THEREOF. 9 PARCEL P (APN 004000- 0196): THE WEST 28.6 FEET OF LOT 15 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE CTIY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL Q (APN 004000 - 0198): LOT 15, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 29.5 FEET THEREOF. AND EXCEPT THE SOUTH 11.5 FEET THEREOF. AND EXCEPT THE EAST 3.0 tT THEREOF. 10 EXHIBIT B (See attached) LEGAL DESCRIPTION ACCESS EASEMENT That portion of Parcels A, B and C of City of Tukwila Lot Consolidation No.L13-021, recorded under King County Recording No.20150428900001, more particularly described as follows: COMMENCING at the Southeast comer of said Parcel B; THENCE North 87 °35'31" West, 139.18 feet along the South line of said Parcel C to the TRUE POINT OF BEGINNING; THENCE North 01 °27'33" East, 155.74 feet to a point on a non- tangent curve, the radius of which bears North 88 °32'36" West THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 77.00 feet, through a central angle of 59 °20'42 ", and an arc length of 79.75 feet to a point of reverse curvature; THENCE Northwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °18'18 ", and an arc length of 34.72 feet THENCE North 08 °25'00" East, 71.74 feet to a point of tangency; THENCE Northerly along the arc of a curve to the left, having a radius of 213.00 feet, through a central angle of 06 °57'36 ", and an arc length of 25.87 feet THENCE North 01 °27'24" East, 108.76 feet to a paint on a non - tangent curve, the radius of which bears South 68 °07'36" East THENCE Northeasterly along the are of a curve concave to the Southeast, having a radius of 2.00 feet, through a central angle of 18 °19'51 ", and an arc length of 0.64 feet to a point of compound curvature; THENCE Northeasterly along the arc of a curve to the right, having a radius of 9.98 feet, through a central angle of 50 °49'27 ", and an arc length of 8.85 feet THENCE South 88 °58'18" East, 7.92 feet to the East line of said Parcel A; THENCE North 07 °15'12" West, 28.29 feet along said East line; THENCE North 88 °32'36" West, 3.73 feet to a point on a non - tangent curve, the radius of which bears North 06 °07'01" East THENCE Northwesterly along the arc of a curve concave to the Northeast, having a radius of 10.08 feet, through a central angle of 72 °43'12 ", and an arc length of 12.79 feet to a point on a non - tangent curve, the radius of which bears South 78 °59'31" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 46.00 feet, through a central angle of 77 °32'07 ", and an arc length of 62.25 feet THENCE North 88 °32'36" West, 42.62 feet to a point of tangency; THENCE Westerly along the arc of a curve to the right, having a radius of 100.73 feet, through a central angle of 11 °0116", and an arc length of 19.38 feet THENCE North 80 °15'52" West, 17.62 feet to the North line of said Parcel A; THENCE South 73 °14'00" West, 21.80 feet along said North line to the Northwest comer of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 80 °09'16" West THENCE Southerly along the West line of said Parcel A, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00°28'32 ", and an arc length of 16.27 feet Project Name: Tukwila Village Revised May 14, 2015 BDG 15255L.026.doc Exhibit 15255EXH26- ACC.dwg Page 1 of 2 THENCE South 80 °1552° East, 36.64 feet to a point on a non- tangent curve, the radius of which bears North 12 °10'48" East THENCE Easterly along the arc of a curve concave to the North, having a radius of 126.73 feet, through a central angle of 10 °43'25 ", and an arc length of 23.72 feet THENCE South 88 °32'36° East, 42.62 feet to a point of tangency; THENCE Southeasterly along the arc of a curve to the right, having a radius of 20.00 feet, through a central angle of 90 °00'00", and an arc length of 31.42 feet THENCE South 01°27'24" West, 138.99 feet to a point of tangency; THENCE Southerly along the arc of a curve to the right, having a radius of 187.00 feet, through a central angle of 06 °57'36 ", and an arc length of 22.72 feet THENCE South 08 °25'00" West, 71.74 feet to a point of tangency; THENCE Southwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °1818 ", and an arc length of 34.72 feet to a point of reverse curvature; THENCE Southwesterly along the arc of a curve to the left, having a radius of 77.00 feet, through a central angle of 24 °5319 ", and an arc length of 33.45 feet to a point of reverse curvature; THENCE Westerly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 42 °57'03 ", and an arc length of 22.49 feet THENCE North 71 °14'17" West, 104.01 feet THENCE North 70 °32'36" West, 6.50 feet to the West line of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 71°23'01" West THENCE Southerly along said West line, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °45'36 ", and an arc length of 26.00 feet THENCE South 70 °32'36" East, 6.30 feet THENCE South 71 033150" East, 111.52 feet to a point on a non - tangent curve, the radius of which bears North 03 °43'25" East THENCE Easterly along the arc of a curve concave to the North, having a radius of 53.00 feet, through a central angle of 44 °50'01 and an arc length of 41.47 feet to a point of reverse curvature; THENCE Southeasterly along the arc of a curve to the right, having a radius of 51.00 feet, through a central angle of 132 °34'01 ", and an arc length of 118.00 feet THENCE South 01 °2T24" West, 155.31 feet to the South line of said Parcel C; THENCE South 87 °35'31" East, 26.00 feet along the South lines of said Parcels C and B to the TRUE POINT OF BEGINNING. AND That portion of Lot 14, Block 2, Plat of Adams Home Tracts, recorded in Volume 11, Page 31, more particularly described as follows: COMMENCING at the intersection of the West line of said Lot 14 and the South margin of South 144th Street, as dedicated by Recording No.20150319001438; THENCE South 87 °35'35" East, 43.41 feet along said South margin to the TRUE POINT OF BEGINNING; THENCE CONTINUING South 87 °35'35" East, 26.01 feet along said South margin; THENCE South 01 °07'34" West, 143.54 feet THENCE North 88 °52'26" West, 26.00 feet, THENCE North 01 °07'34" East, 144.12 feet to the TRUE POINT OF BEGINNING. Project Name: Tukwila Village Revised May 14, 2015 BOG 15255L026.doc Exhibit: 15255EXH26- ACC.dwg Page 2 of 2 EXHIBIT C (See attached) 2 GRAPHIC SCALE 0 75 150 300 1" = 150 FEET Date/Time:5 /14/2015 5:33 PM BRIAN GLUMLY v U `I CD N r.. u7 u7 N u7 SCALE HORIZONTAL 1 " =150' VERTICAL N/A ` DESIGNED 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX CIVIL ENGINEERING, LAND PLANNING. SURVEYING, ENVIRONMENTAL SERVICES For: TUKWILA VILLAGE JOB NUMBER 15255 15255L026.DOC Title: ACCESS EASEMENT SHEET of XXX DRAWN :111 CHECKED APPROVED DATE EXHIBIT D (See attached) THE SAMARA APARTMENTS NORMANDY COURT APARTMENTS PROPERTY 1 LINE , r r-= Tukwila Village Tukwila, WA BUILDING B , � a LOT LINE iC LEGEND SURFACE PARKING: NO. OF STALLS AREA 0 12 EXCLUSIVE LIBRARY PARKING AREA OTHER: 19 COMMERCIAL PARKING AREA TRASH ENCLOSURE AREA 50' 100' 200' CD SCALE: 1"=10a'-0" Surface Parking Exhibit Date: 05-19-2015 CONFORMED COPY RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: 20150519000755 First American Title Insurance Company FIRST AMERICAN PREL 76.00 ATTN: Pam Callahan PAGE-001 OF 005 818 Stewart Street 05/19/2015 12:53 Suite 800 Seattle,WA 98101 5 s."`"`"'°'t First American Title Document Title(s): (or transactions contained therein) Insurance Company Partial Release of Memorandum of Disposition and Development Agreement Reference: Recoreding Number 20131230000990 • Grantor: (this space for title company use only) Tukwila Village Develoment Associates,LLC Grantee: City of Tukwila Abbreviated Legal Ptn SE Qtr SW Qtr of Sec 15,TWP 23N,R4E Assessor's Property Tax Parcel/Account Number: 152304-9092-02 14 MA /065!0 - /(* RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tukwila 6200 Southcenter Blvd. Tukwila,WA 98188 Attn: City Clerk (Space Above This Line For Recorder's Use) Ref. Contract #12-176 PARTIAL RELEASE OF MEMORANDUM OF DEVELOPMENT AGREEMENT Reference Number(s)of Related Documents: King County Recording No. 20131230000990 GRANTOR: Tukwila Village Development Associates, LLC, a Washington limited liability company GRANTEE: City of Tukwila, a municipal corporation of the state of Washington LEGAL DESCRIPTION: See Exhibit A hereto (page 4 of document). PARCEL NUMBERS: 152304-9092-02. THIS PARTIAL RELEASE OF MEMORANDUM OF DEVELOPMENT AGREEMENT ("Partial Release") is made and declared the last date signed below by the City of Tukwila ("Grantee") and Tukwila Village Development Associates ("Grantor") for the benefit of the real property described in Exhibit A attached and incorporated herein. Grantor and Grantee hereby release from the Memorandum of Development Agreement under King County Recording Number 20131230000990, recorded on December 30, 2013, King County Assessor's Tax Parcel No. 152304-9092-02, which is legally described in Exhibit A hereto. All other terms of the Memorandum of Development Agreement shall remain the same. CITY CITY OF TUKWILA, a municipal corporation OP1- I By: Its: -< /0Mcc, 'n/ TUKWILA VILLAGE DEVELOPMENT ASSOCIATES,LLC By: . / - Its: STATE OF WASHINGTON ) ) ss COUNTY OF IC. 7vC) ) On S--J ' , before me, n►, 40,59 0,v personally appeared A 5 rocky 61 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. ,«����ll WITNESS my hand and official seal. ..4-4,,r,.;:°,4,41,* if., ) s #v _ � . Print Na me: i-L S ` — G kks,LL r ss, .o�B`�G t f- "; NOTARY PUBLIC in and or the State of 7i '09-►5 41° 4 Washington,residing at . 0-4.k., I 1 L' 4- '� ;�Ih�"""``' ∎ 64,.., ' My commission expires: • �k�p�lOF`WAgN�a.�`.. STATE OF WASHINGTON ) ) ss COUNTY OF K.--ti: ) On V' n \5, e ■5 , before me, 6 .1--b ct t-6-3• S0.X-6 , personally appeared ii c at vs wN • P_ 1—k personally known to me (or proved to me on the basis of'atisfactory evidence) to be the person(s) whose name(s)�is/are subscribed to the within instrument and acknowledged to me that /she/they executed the same in lLfis/her/their authorized capacity(iesY, and that by Ns/her/their signature(s)"on the instrument the person(s)-or the entity upon behalf of which the person(Wacted, executed the instrument. WITNESS my hand and official seal. ∎\```"\\\1111 _ Pia■J. 841.1/,, ,...,,�N 111,E ` /�W`iVV- - . r— / ?6/ `(-v,__ `` �Q�®�5510N�c �//'�� i L/ o��o A, 'gym'� �� Print Name: / ea-e ha rc�3 . S�x-4-v f\ '" ~ • w= NOTARY PUBLIC in and for the State of u',, A0B<_�G 0 = Washington, residing at iZ�,N*r' l� PP 1 / -�:ii,1j13129-\�``, c My commission expires: 3 — 5 — t g i�"l, 0'\WASN\�\`` Exhibit A Legal Description of the Property to be Released That portion of Southeast quarter of the Southwest quarter of Section 15, Township 23 North, Range 4 East,Willamette Meridian,more particularly described as follows: COMMENCING at the Southeast corner of said Southwest quarter; THENCE North 87°35'31" West, 586.32 feet along the South line of said Southwest quarter; THENCE at right angles, North 02°24'29" East, 44.25 feet to the North margin of South 144th Street as conveyed to the City of Tukwila by King Recording No. 20150319001438 and the TRUE POINT OF BEGINNING; THENCE North 87°35'35" West, 125.26 feet to the East margin of Tukwila International Boulevard; THENCE North 20°06'52" East, 184.93 feet along said East margin to a point of tangency; THENCE Northerly along said East margin, along the arc of a curve to the left, having a radius of 1,960.00 feet,through a central angle of 00°13'35", and an arc length of 7.74 feet; THENCE South 70°32'36" East, 119.35 feet to a point which bears North 20°06'52"East from the TRUE POINT OF BEGINNING; THENCE South 20°06'52"West, 155.94 feet to the TRUE POINT OF BEGINNING. (Also known as Parcel D, City of Tukwila Lot Consolidation No. L13-021, recorded under King County Recording Number 20150428900001.) Assessor Parcel Number: 152304-9092-02 • 12-176(a) FIRST AMENDMENT TO THE Council Approval N/A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND TUKWILA VILLAGE DEVELOPMENT ASSOCIATES,LLC,FOR THE TUKWILA VILLAGE DEVELOPMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "Amendment") is made and entered into this I `day of May, 2015, by and between the CITY OF TUKWILA ("City"), a Washington municipal corporation, and TUKWILA VILLAGE DEVELOPMENT ASSOCIATES LLC, a Washington limited liability company ("TVDA"). I. RECITALS WHEREAS, the City and TVDA entered into that certain Development Agreement relating to the Tukwila Village development, dated December 10, 2012 (the "Agreement"). WHEREAS, the Agreement covered all the property that constitutes Tukwila Village, including a parcel intended for the sale to King County Library System ("KCLS") of approximately 20,000 gross square feet of City property (the "Library Parcel"); and WHEREAS,the Agreement specified that a boundary line adjustment separating the Library Parcel from the rest of the Tukwila Village property was a condition precedent to sale of the Library Parcel to KCLS; and WHEREAS, such boundary line adjustment has been completed and the City and KCLS now desires to complete the sale of the Library Parcel; and WHEREAS, prior to such sale taking place, the City and TVDA must amend the Agreement to remove the Library Parcel from the legal description of the property that is subject to the Agreement. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to both the City and TVDA, the parties hereby agree as follows: II. AGREEMENT 1. Exhibit A to the Agreement is hereby amended to exclude King County Assessor's Tax Parcel No. 152304-9092-02, which is legally described as follows: That portion of Southeast quarter of the Southwest quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian, more particularly described as follows: COMMENCING at the Southeast corner of said Southwest quarter; 1 THENCE North 87°35'31" West, 586.32 feet along the South line of said Southwest quarter; THENCE at right angles, North 02°24'29" East, 44.25 feet to the North margin of South 144th Street as conveyed to the City of Tukwila by King Recording No. 20150319001438 and the TRUE POINT OF BEGINNING; THENCE North 87°35'35" West, 125.26 feet to the East margin of Tukwila International Boulevard; THENCE North 20°06'52" East, 184.93 feet along said East margin to a point of tangency; THENCE Northerly along said East margin, along the arc of a curve to the left, having a radius of 1,960.00 feet, through a central angle of 00°13'35", and an arc length of 7.74 feet; THENCE South 70°32'36" East, 119.35 feet to a point which bears North 20°06'52" East from the TRUE POINT OF BEGINNING; THENCE South 20°06'52" West, 155.94 feet to the TRUE POINT OF BEGINNING. (Also known as Parcel D, City of Tukwila Lot Consolidation No. L13-021, recorded under King County Recording Number 20150428900001.) 2. The Parties agree that the property described in Section 1 above is no longer subject to the Agreement. 3. This Amendment shall be recorded against the Tukwila Village Property as a covenant running with the land. 4. Notices shall be given to the Parties at their addresses set forth below: If to the City to: City of Tukwila Attn: City Clerk 6200 Southcenter Boulevard Tukwila,Washington 98188 General: 206-433-1800 Fax: 206-433-1833 With a copy to: City Attorney City of Tukwila Kenyon Disend, PLLC 11 Front Street South Issaquah,Washington 98027-3820 General: 425-392-7090 Fax: 425-392-7071 2 If to Developer to: Tukwila Village Development Associates, LLC Attn: Bryan M. Park, Manager c/o Pacific Northern Construction Company, Inc. 201 - 27th Avenue SE, Building A, Suite 300 Puyallup,WA 98374 General: (253) 231-5001 Fax: (253) 231-5010 5. Except as amended herein,the terms and provisions of the 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. AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to the Terms of this Agreement by signing below: CITY: CITY OF TUKWILA, a municipal corporation By: / ,riia/a--' Hagge �ayor Attest: -- By: T 4.41p Christy O'Flaherty, City Clerk Approved As To Form: By: Rachel B. Turpin, City Attorney DEVELOPER: TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC By: i Bryan M. Park Manager 3 RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: First American Title Insurance Company ATTN: Pam Callahan 818 Stewart Street Suite 800 Seattle, WA 98101 111111 HI 111111 i i u u iM i 20150519000754 FIRST AMERICAN PREL 76.00 PAGE-001 OF 005 05/19/2015 12:53 KING COUNTY, WA Document Title(s): (or transactions contained therein) Partial Release of Memorandum of Disposition and Development Agreement Reference: Recoreding Number 20131230000989 Grantor: Tukwila Village Develoment Associates, LLC Grantee: City of Tukwila Abbreviated Legal Ptn SE Qtr SW Qtr of Sec 15, TWP 23N, R4E Assessor's Property Tax Parcel/Account Number: 152304-9092-02 i i First American Title Insurance Company (this space for true company use only) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: City Clerk (Space Above This Line For Recorder's Use) Ref. Contract #12-129 PARTIAL RELEASE OF MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT Reference Number(s) of Related Documents: King County Recording No. 20131230000989 GRANTOR: Tukwila Village Development Associates, LLC, a Washington limited liability company GRANTEE: City of Tukwila, a municipal corporation of the state of Washington LEGAL DESCRIPTION: See Exhibit A attached hereto (page 4 of document). PARCEL NUMBERS: 152304-9092-02. THIS PARTIAL RELEASE OF MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT ("Partial Release") is made and declared the last date signed below by the City of Tukwila ("Grantee") and Tukwila Village Development Associates ("Grantor") for the benefit of the real property described in Exhibit A attached and incorporated herein. Grantor and Grantee hereby release from the Memorandum of Disposition and Development Agreement under King County Recording Number 20131230000989, recorded on December 30, 2013, King County Assessor's Tax Parcel No. 152304-9092-02, which is legally described in Exhibit A hereto. All other terms of the Memorandum of Disposition and Development Agreement shall remain the same. CITY CITY OF TUKWILA, a municipal corporation By: Its: TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC By: Its: A 8eczt STATE OF WASHINGTON ) ss COUNTY OF ' , On ) , before me, t rr, " iele:d , personally appeared 6,) r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. STATE OF WASHINGTON COUNTY OF ) ss WITNESS my hand and official seal, Print Name: NOTARY PUBLIC in and Washington, residing at My commission expires: the State � On \f�U.. 63 A ' t c , before me, �'� �` b ��� " , personally appeared , cpersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person( whose name ( /are subscribed to the within instrument and acknowledged to me that(fie%she/they executed the same in iisYher/their authorized capacityO, and that by isYher/their signature) on the instrument the person($ or the entity upon behalf of which the person(s') acted, executed the instrument. WITNESS my hand and official seal. Print Name: V-) ,) - NOTARY PUBLIC in and for the State of Washington, residing atr,.'-. ' My commission expires: 3 - d.7 --° 2 Exhibit A Legal Description of the Property to be Released That portion of Southeast quarter of the Southwest quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian, more particularly described as follows: COMMENCING at the Southeast corner of said Southwest quarter; THENCE North 87°35'31" West, 586.32 feet along the South line of said Southwest quarter; THENCE at right angles, North 02°24'29" East, 44.25 feet to the North margin of South 144th Street as conveyed to the City of Tukwila by King Recording No. 20150319001438 and the TRUE POINT OF BEGINNING; THENCE North 87°35'35" West, 125.26 feet to the East margin of Tukwila International Boulevard; THENCE North 20°06'52" East, 184.93 feet along said East margin to a point of tangency; THENCE Northerly along said East margin, along the arc of a curve to the left, having a radius of 1,960.00 feet, through a central angle of 00°13'35", and an arc length of 7.74 feet; THENCE South 70°32'36" East, 119.35 feet to a point which bears North 20°06'52" East from the TRUE POINT OF BEGINNING; THENCE South 20°06'52" West, 155.94 feet to the TRUE POINT OF BEGINNING. (Also known as Parcel D, City of Tukwila Lot Consolidation No. L13-021, recorded under King County Recording Number 20150428900001.) Assessor Parcel Number: 152304-9092-02 FIRST AMERICAN 1(0(118-7 11111111 111 11111 1111 II - . AFTER RECORDING MAIL TO: IllI20130212001613 Name City of Tukwila FIRS Address 6200 Southcenter Blvd. PAGET001EOFC009MEMO 40.00 02/12/2013 12:41 City/State Tukwila, WA 98188 KING COUNTY, WA Attn City Clerk Document Title(s): 1. Memorandum of Development Agreement Reference Number(s) of Documents Assigned or released: N/A Grantor(s): 1. Tukwila Village Development Associates, LLC 2. [ ] Additional information on page of document Grantee(s): 1. City of Tukwila 2. [ ] Additional information on page of document Abbreviated Legal Description: PTN LOT 9, BLOCK 3, JAMES CLARK'S GARDEN ADD. TO THE CITY OF SEATTLE, VOL. 13, P. 12 AND PTN SEC 15 TWP 23N RGE 4E SE QTR SW QTR; LOTS 1-6 AND PTN LOT 7, CHERRY LANE, VOL. 48, P. 21; LOTS A AND B, SP NO. 90-9-SS, REC. 9010240314; AND PTN LOT 12-15, BLOCK 2, ADAMS HOME TRACTS, VOL. 11, P. 31, KING COUNTY Tax Parcel Number(s): 152304-9242-01, 152304-9096-08, 152304-9092-02, 152304-9208-03, 155420-0005-09, 155420- 0010-02, 155420-0015-07, 155420-0020-00, 155420-0025-05, 155420-0030-08, 155420-0036-02, 155420-0037-01, 155420-0033-05, 155420-0035-03, 155420-0034-04, 004000-0180-04, 004000- 0194-08, 004000-0146-07, 004000-0145-08, 004000-0191-01, 004000-0196-06 and 004000-0198- 04 [ X ] Complete legal description is on page 5-9 of document RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: City Clerk (Space Above This Line For Recorder's Use) MEMORANDUM OF DEVELOPMENT AGREEMENT GRANTOR: Tukwila Village Development Associates, LLC, a Washington limited liability company GRANTEE: City of Tukwila, a municipal corporation of the state of Washington LEGAL DESCRIPTION: See Attachment 1 hereto (page 4 of document). PARCEL NUMBERS: 152304-9092-02, 152304-9096-08, 152304-9242-01, 155420- 0005-09, 155420-0010-02, 155420-0015-07, 155420-0020-00, 155420-0030-08, 155420-0036-02, 155420-0025-00, 155420- 0037-01, 155420-0033-05, 155420-0035-03, 155420-0034-04, 004000-0145-08, 004000-0146-07, 004000-0180-04, 004000- 0191-01, 004000-0194-08, 004000-0196-06 and 004000-0198-04. 5;34—041.12q�c93 THIS MEMORANDUM OF DEVELOPMENT AGREEMENT (the "Memorandum") is made as of December 21, 2012, by and between the City of Tukwila, a municipal corporation operating under the laws of the state of Washington as a non-charter code city (the "City"), and Tukwila Village Development Associates, LLC, a Washington limited liability company (the "Developer"). This Memorandum confirms that the City and Developer entered into that certain Development Agreement, dated as of December 21, 2012 (the "DA") pursuant to the authorization of RCW 36.70B.170 and TMC 18.86. The DA is intended and designed so that development of that certain real property in Tukwila, WA, described in the attached Attachment No. 1 (the "Property") will be governed by and vest to the Governing Regulations, Development Standards and Conditions, and all other terms and conditions of the DA. The rights, duties and obligations as set forth in the DA constitute covenants running with the land 1 and are binding upon the City, Developer, and their respective permitted successors in interest under the DA with respect to the individual Development Parcels comprising the Property until such time as the DA expires or terminates as to each such individual Development Parcel. This Memorandum is prepared for the purpose of recordation, and it in no way modifies the provisions of the DA. A complete copy of the DA is on file with the Office of the Tukwila City Clerk and was approved pursuant to Ordinance No. 2391 of the Tukwila City Council. CITY CITY OF TUKWILA, a municipal corporation / By: Its: /r/ < �., /f/ TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC B A _ GL Its: QGt.✓fruh, 2 STATE OF WASHINGTON ) ) ss COUNTY OF kt li ) On oZl /) .hen avla- , before me, A-ND fi , personally appeared \T( 91t✓ N. personally nown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - � AO � l .4,~ ,, Print Name: Me 064. R. thy!- ' 40fr NOTARY PUBLIC in and for the State of 1/0, Washington, residing at TiAgkittw yt''���#', `+ My commission expires: !J'°1//(v STATE OF WASHINGTON ) )ss COUNTY OF On alb , before me, A Ak4'j PIA-101A G, , personally appeared M. P'&vk r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Adtik Jir,ley�A�Q . /iii Print Name: L1 C.L($5e-- I?. 't' .14,400„ ♦s NOTARY PUBLIC in and for the State of • Washington, residing at -17,44uclA- My commission expires: O/c'//(e 3 • Attachment No. 1 Legal Description of Property PARCEL A: THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN ADDITION TO THE CITY OF SEATTLE.AS PER PLAT RECORDED IN VOLUME 13 OF PLATS.PAGE 12,RECORDS OF KING COUNTY AUDITOR:AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 23 NORTH.RANGE 4 EAST W.M..DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 FEET OF SAID SOUTHEAST 1/4: THENCE SOUTH 01°27'30"WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1),DISTANT SOUTHERLY 250.50 FEET(AS MEASURED ALONG SAID EASTERLY LINE)FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTH LINE OF THE SOUTH 812.6 FEET OF SAID SOUTHEAST 1/4: THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LINE OF SAID LOT 9: THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF: THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIBA HUNTINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO.412377; THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT WHICH BEARS SOUTH 01°2730"WEST FROM THE TRUE POINT OF BEGINNING: THENCE CONTINUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4: THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET: THENCE NORTHWESTERLY TO THE TRUE POINT OF BEGINNING. PARCEL A-1: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE NORTH 3981 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH.RANGE 4 EAST W.M.. 100 FEET DISTANT EAST OF THE NORTHWEST CORNER OF SAM SUBDIVISION: THENCE SOUTH 01°27'30"WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THE SOUTHERLY LINE OF THE EASEMENT HEREIN DESCRIBED: THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1)WHICH POINT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A POINT IN THE EAST MARGIN OF SAID HIGHWAY DISTANT 23.40 FEET.MORE OR LESS,WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH LINE THEREOF AS THE SAME IS PRODUCED WESTERLY: SITUATE IN THE CITY OF TUKWILA COUNTY OF KING.STATE OF WASHINGTON. 4 Attachment No. 1 Legal Description of the Property (continued) PARCEL B: THE NORTH 185.90 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1.031 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15.TOWNSHIP 23 NORTH,RANGE 4 EAST.W.M..LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH); SITUATE IN THE CITY OF TUKWILA COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: LOTS 1 THROUGH 6 INCLUSIVE.CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS.PAGE 21.IN KING COUNTY.WASHINGTON; PARCEL D: THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 23 NORTH.RANGE 4 EAST W.M..LYING EASTERLY OF THE STATE HIGHWAY NO. 1; EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 1158645; AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH,RANGE 4 EAST W.M.,LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGHWAY SOUTH, CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396; SITUATE IN THE CITY OF TUKWILA.COUNTY OF KING,STATE OF WASHINGTON. PARCEL E: LOT A OF SHORT PLAT NO.90-9-SS.RECORDED UNDER RECORDING NO.9010240314,BEING A PORTION OF LOT 7.CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS.PAGE 21,IN KING COUNTY.WASHINGTON; PARCEL F: LOT B OF SHORT PLAT NO,90-9-SS.RECORDED UNDER RECORDING NO.9010240314,BEING A PORTION OF LOT 7.CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS.PAGE 21.IN KING COUNTY.WASHINGTON: 5 Attachment No. 1 Legal Description of the Property (continued) PARCEL G: THE NORTH 220 FEET OF LOT 7.CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS,PAGE 21,IN KING COUNTY.WASHINGTON: EXCEPT THE NORTH 132 FEET THEREOF: PARCEL H: LOT 7.CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21.IN KING COUNTY, WASHINGTON: EXCEPT THE NORTH 220 FEET THEREOF: AND EXCEPT THE SOUTH 84 FEET THEREOF: PARCEL I: THE SOUTH 84 FEET OF LOT 7,CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS.PAGE 21.IN KING COUNTY.WASHINGTON: PARCEL K: THAT PORTION OF THE NORTH 105.12 FEET OF LOT 13 LYING EASTERLY OF STATE ROAD NO 1 IN BLOCK 2 OF ADAMS HOME TRACTS.AS PER PLAT RECORDED IN VOLUME 11 OF PLATS.PAGE 31. RECORDS OF KING COUNTY, EXCEPT THOSE PORTIONS OF LOT 13 CONVEYED FOR ROAD PURPOSES TO KING COUNTY.STATE OF WASHINGTON.RECORDED UNDER RECORDING NO 7501150141 AND TO THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO 9603260430,RECORDS OF KING COUNTY. SITUATE IN THE CITY OF TUKWILA,COUNTY OF KING.STATE OF WASHINGTON. PARCEL L: THE WEST 60 FEET OF THE NORTH 83 FEET OF LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS,AS PER PLAT RECORDED IN VOLUME 11 OF PLATS,PAGE 31,RECORDS OF KING COUNTY, SITUATE IN THE CITY OF TUKWILA,COUNTY OF KING,STATE OF WASHINGTON. 6 Attachment No. 1 Legal Description of the Property (continued) PARCEL M: THAT PORTION OF LOTS 13 AND 14 IN BLOCK 2 OF ADAM HOME TRACTS,AS PER PLAT RECORDED IN VOLUME 11 OF PLATS.PAGE 31.DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14; THENCE WESTERLY 100 FEET; THENCE NORTHERLY 26 FEET: THENCE WESTERLY 78.51 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH: THENCE NORTHEASTERLY ALONG SAID HIGHWAY 23.74 FEET: THENCE EASTERLY 109.85 FEET; THENCE NORTHERLY 22.20 FEET: THENCE EASTERLY 60 FEET: THENCE SOUTHERLY 70.60 FEET TO POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING.STATE OF WASHINGTON. PARCEL N: THAT PORTION OF LOTS 12. 13 AND 14 IN BLOCK 2 OF ADAMS HOME TRACTS.AS PER PLAT RECORDED IN VOLUME 11 OF PLATS PAGE 31.DESCRIBED AS FOLLOWS: BEGINNING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14: THENCE WESTERLY 198.14 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH:_ THENCE NORTHEASTERLY ALONG SAID HIGHWAY 63.02 FEET: THENCE EASTERLY 78.51 FEET_: THENCE SOUTHERLY 26 FEET: THENCE EASTERLY 100 FEET; THENCE SOUTHERLY 34 FEET TO POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING.STATE OF WASHINGTON. PARCEL 0: LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS.AS PER PLAT RECORDED IN VOLUME 11 OF PLATS. PAGE 31.RECORDS OF KING COUNTY: EXCEPT THE WEST 60 FEET THEREOF, SITUATE IN THE CITY OF TUKWILA,COUNTY OF KING.STATE OF WASHINGTON. 7 Exhibit A Legal Descriptions of the Property (continued) PARCEL P: THE WEST 28.6 FEET OF LOT 15 IN BLOCK 2 OF ADAMS HOME TRACTS,AS PER PLAT RECORDED IN VOLUME 11 OF PLATS,PAGE 31.RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUKWILA,COUNTY OF KING,STATE OF WASHINGTON. PARCEL Q: LOT 15,BLOCK 2.ADAMS HOME TRACTS.ACCORDING TO THE PLAT THEREOF.RECORDED IN VOLUME 11 OF PLATS.PAGE 31,IN KING COUNTY. EXCEPT THE WEST 29.5 FEET THEREOF: AND EXCEPT THE SOUTH 11.5 FEET THEREOF; AND EXCEPT THE EAST 3.0 FEET THEREOF. 8 DEVELOPMENT AGREEMENT FOR THE TUKWILA VILLAGE DEVELOPMENT PROJECT 12-176 Council Approval 12/10/12 By Ordinance No. 2391 THIS DEVELOPMENT AGREEMENT (this "Development Agreement ") is entered into as of the al' day of Ikea y1{ , 2012 by and between the City of Tukwila, a municipal corporation operating under the laws of the State of Washington as a non - charter code city (the "City "), and Tukwila Village Development Associates, LLC, a Washington limited liability company (the "Developer "), pursuant to the authority of RCW 36.70B.170, et seq. and Chapter 18.86 of the Tukwila Municipal Code, and in consideration of the mutual benefits to be derived. The City and Developer are sometimes collectively referred to in this Development Agreement as the "Parties," and individually as a "Party." The Parties have entered into this Development Agreement with reference to the following facts: I. RECITALS WHEREAS, RCW 36.70B.170, et seq. and TMC Ch. 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, Tukwila Village Development consists of approximately 164,000 square feet of land plus approximately 23,000 square feet of 41st Avenue right of way on the northeast corner of Tukwila International Boulevard plus approximately 90,000 square feet of land on the southeast corner of Tukwila International Boulevard, totaling approximately 6.4 acres; and WHEREAS, Tukwila International Boulevard is part of the Pacific Highway Transportation Corridor shown as Figure 15 in the City's Comprehensive Plan and was identified as the highest priority for City action during the Vision Tukwila Process; and WHEREAS, Goal 8.2 of the City's Comprehensive Plan includes implementation strategies to make the Pacific Highway Transportation Corridor an attractive, safe and profitable place to live, do business, shop, and work, including, among other things, making improvements to encourage pedestrian and transit travel, enhance the local commercial, residential and pedestrian character, develop strategic and financial plans to facilitate public and private investment, provide flexibility in the application of design standards in order to encourage pedestrian- oriented development; and WHEREAS, Goal 8.2.22 of the City's Comprehensive Plan provides for the establishment of an overlay district in the designated urban renewal area, generally between South 140th, 42nd Avenue South, South 146th Street and 37th Avenue South, that may allow increased building heights, reduced residential parking requirements, and other alternative development standards, subject to specific criteria, in order to encourage well designed, compact, transit - oriented and pedestrian - friendly redevelopment to activate the community along Tukwila International Boulevard; and ' of„ on act 1 WHEREAS, in furtherance of the policies and goals of the City Comprehensive Plan, and in particular, Goal 8.2.22, the City Council enacted City Ordinance No. 2257, codified at Chapter 18.43 of the Tukwila Municipal Code, creating the Urban Renewal Overlay District and associated supplemental development standards and criteria; and WHEREAS, the intent of the establishment of the Urban Renewal Overlay District was to activate the community along Tukwila International Boulevard by adopting supplemental development standards and criteria that encourage investment in the redevelopment of distressed areas in the vicinity of Tukwila International Boulevard with a compact, transit - oriented development pattern including neighborhood services and pedestrian - friendly commercial and residential improvements with high quality materials and design; and WHEREAS, the adoption of supplemental development standards and criteria providing for taller building heights and reduced parking requirements was intended to make urban densities and amenities more likely while the impact upon residential areas resulting therefrom would be lessened by requiring development along Tukwila International Boulevard, more significant structured parking and pedestrian - friendly amenities; and WHEREAS, to encourage redevelopment within the Pacific Highway Transportation Corridor, the City began assembling property within the Urban Renewal Overlay District for future development through a public /private partnership; and WHEREAS, the assembled property now comprises "Tukwila Village" and the Tukwila Village Development; and WHEREAS, in 2007 the Tukwila City Council adopted the following vision statement for Tukwila Village: Tukwila Village will be a welcoming place where all residents can gather and connect with each other. This mixed -use development will draw upon Tukwila's strengths and include a library, a neighborhood police resource center, retail, restaurants, public meeting space, and an outdoor plaza. The Village may also include office, live /work, and residential space. This active, vibrant place will set high standards for quality and foster additional neighborhood revitalization and civic pride. WHEREAS, on March 30, 2011, the City issued a request for qualifications for a proposal to develop the Tukwila Village property and on June 6, 2011 the City Council selected Developer as the most qualified among the applicants to develop the Tukwila Village property; and WHEREAS, on October 22, 2012 the City Council authorized the Mayor to execute a disposition and development agreement with Developer, which agreement was fully executed by and between the Parties on the 30th day of October, 2012 (the "Disposition and Development 2 Agreement" or "DDA ") and grants to Developer the right to control and redevelop the property described therein subject to the terms and conditions of the DDA and in a manner consistent with the goals and policies of the comprehensive plan; and WHEREAS, the DDA contemplates at Section 2.7 that the Parties will, pursuant to the applicable provisions of state law and city code, enter into a Development Agreement to set forth the development standards and other provisions that shall apply to, govern and vest the development, use and mitigation of the development of the Property for the duration specified in such Development Agreement; and WHEREAS, the DDA further contemplates at Section 2.7 that certain development standards will be implemented pursuant to the Development Agreement in order to facilitate redevelopment of the Tukwila Village property; and WHEREAS, pursuant to Ordinance No. 2378 (codified at TMC Ch. 18.86) the City Council adopted standards and procedures for approval of development agreements authorized pursuant to RCW 36.70B.170, et seq.; and WHEREAS, TMC 18.86.030 provides that a development agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards; and WHEREAS, TMC 18.86.030 further provides that, any approved development standards that differ from those in the City Code shall not require any further zoning reclassification, variance from City standards or other City approval apart from development agreement approval, and that development standards as approved through a development agreement shall apply to and govern the development and implementation of each covered site in lieu of any conflicting or different standards or requirements elsewhere in the Tukwila Municipal Code; and WHEREAS, in furtherance of Section 2.7 of the DDA, Developer has made application to the City for approval of a development agreement; and WHEREAS, as required pursuant to TMC 18.86.050, a public hearing was conducted on the 3r day of iecn e , 2012 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to City Ordinance No. 391 approved this Development Agreement as proposed and authorized execution of this Development Agreement; and WHEREAS, pursuant to TMC 18.86.080, the decision of the City Council to approve or reject Developer's request for a development agreement is a discretionary, legislative act; and 3 WHEREAS, the Parties desire to enter into this Development Agreement upon the terms and conditions as set forth herein, NOW, THEREFORE, in consideration of the mutual agreements contained herein, as well as other valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the City and Developer hereby agree as follows: II. AGREEMENT Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals are true and correct to the best of their knowledge and are incorporated by this reference as though fully set forth herein. Section 2. Definitions. In addition to the terms defined elsewhere in this Development Agreement, except as otherwise provided herein, the following terms where capitalized in this Development Agreement shall have the same definition as given to that term in the Disposition and Development Agreement: "Affiliate "; "Approved Site Plan "; "Boundary Line Adjustment" or "BLA "; "Business Day "; "City Council "; "Commons "; "Developer "; "Development Parcel "; "Development Phase "; "Development Impact Fees "; "Estoppel Certificate of Completion "; "Improvements "; "Laws "; "Library Parcel "; "Mayor "; "Person "; "Phased Development Plan "; "Plaza "; "Plaza Parcel "; "Preliminary Site Plan "; "Proposed Site Plan "; and "Site ". In addition to the foregoing defined terms, the following terms where capitalized in this Development Agreement shall have the meaning given as follows: 4 "Effective Date" shall mean the later of the following dates: (a) the date herein set forth above, or (b) twenty -one (21) days following approval of this Development Agreement pursuant to Ordinance No. J 1 . "Governing Regulations" shall mean and refer to that term as defined at Section 5 herein. "Project" shall mean and refer to the development and redevelopment of the Property in conformance with the terms and conditions of the DDA and this Development Agreement. Project shall not refer to or include development of the Library Parcel, unless pursuant to the terms and conditions of the DDA, the Library Parcel comes under the control of Developer. "Property" shall mean and include, collectively, those lots and parcels legally described and shown in the attached Exhibit "A" (Legal Description) and as generally depicted in Exhibit "B" (Depiction of the Property), and shall mean and include such lots and parcels as altered or combined pursuant to a Boundary Line Adjustment. The Parties agree that upon approval of a boundary line adjustment of any lot or parcel that comprise any part of the Property, Exhibits "A" and `B" will be amended by inserting and substituting therein for the affected lots or parcels, the legal description and depiction of the newly created lots or parcels. The term "Property" shall not include the Library Parcel unless and until the Library Parcel is released by the City to Developer pursuant to Section 2.9(B) of the DDA. "Vesting Period" shall have the meaning given pursuant to Section 4 hereof. Section 3. Project Description. This Project is commonly known and referred to as "Tukwila Village" and involves the phased redevelopment of the Property consisting of approximately 164,000 square feet of land plus approximately 23,000 square feet of 41S` Avenue right of way on the northeast corner of Tukwila International Boulevard plus approximately 90,000 square feet of land on the southeast corner of Tukwila International Boulevard, totaling approximately 6.4 acres. The Property is located within the Neighborhood Commercial Center and the High Density Residential Districts and is also within the Urban Renewal Overlay District and is subject to development pursuant to the terms and conditions of the DDA. Development of the Property will consist generally of the following minimum uses and elements with the corresponding minimum areas or dwelling units, with at least seventy -five percent (75 %) of the housing units being age- restricted (senior housing) as defined under the applicable federal fair - housing laws, together with other uses that are allowed under the City's zoning code: 3.1 Uses and Sizes: 3.1.1 Office Space 3.1.2 Police Resource Center 3.1.3 Retail 3.1.4 Indoor Community Commons 3.1.5 Outdoor Community Plaza 3.1.6 Housing Units 5 20,000 square feet 2,000 square feet 11,000 square feet 2,000 square feet 20,000 square feet 380 units Section 4. Statement of Authority and Intent. This Development Agreement is entered into pursuant to the authorization of RCW 36.70B.170 and TMC 18.86 and is intended and designed to vest this Project under current Governing Regulations, subject to Section 6 herein (Development Standards; Conditions), for the Vesting Period. The Vesting Period shall commence upon the Effective Date and shall end upon the earlier of (a) expiration of design review approval of the Approved Site Plan as provided pursuant to TMC 18.60.070(E), or (b) upon termination of the Development Agreement as provided at Section 16 hereof. As of the Effective Date, the provisions of this Development Agreement, and the Governing Regulations, subject to the provisions of Section 6 (Development Standards), shall apply to and govern and vest the review and approval, including associated State Environmental Policy Act (SEPA) review, of the Project. Vesting is limited to the specific topics and subjects referenced in this Development Agreement. Any development requirement of the City not specifically referenced herein shall apply based on the date of vesting as determined in accordance with City ordinances and state law. During the Vesting Period and subject to Section 16 (Termination), the City shall not impose any modification of or new or additional Governing Regulations on the Project. To the extent that neither this Development Agreement nor the Governing Regulations address a certain subject, element or condition of the Project, then the Project shall be governed by the City's then - existing code. Section 5. Governing Regulations. The term "Governing Regulations" shall have the following meaning: 5.1 Scope. Except as otherwise provided at subsection 5.2 and 5.3 herein, "Governing Regulations" shall mean and refer to the ordinances adopted by the City Council of Tukwila, and in effect on the Effective Date, that govern the permitted uses of land, the density and intensity of use, and the design standards and specifications applicable to the development of the Property, including, but not limited to the Comprehensive Plan, the City's Official Zoning Map and development standards, the Tukwila International Boulevard Design Manual, the Multi - Family Design Manual, the Parking Structure Design Manual, the Statement of Purpose and Design for the Commons, the Statement of Purpose and Design for the Plaza, the Public Works Standards, mitigation imposed or agreed to as part of SEPA review, concurrency ordinance, and all other ordinances, codes, rules and regulations of the City establishing subdivision standards, standards and procedures for boundary line adjustments, storm and surface water regulations. The term Governing Regulations does not include non -land use regulations, including by way of example and not limitation, taxes and impact fees. Except as provided herein at subsections 5.2 and 5.3, development of the Property during the Vesting Period shall not be subject to any amendments to the Governing Regulations. 5.2 Police Power/Pre - emption. The Project 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 or contractual authority. For example, in the event that a court of jurisdiction issues a final decision that the standards and requirements set forth in a National Pollution Discharge Elimination System ( "NPDES ") permit are not subject to vesting provisions under state or local law, the applicable provisions of such NPDES permit shall control. As provided by RCW 36.708.170(4), the proposed development shall not vest against new development regulations to 6 the extent the new regulations are required to prevent or mitigate a serious threat to public health and safety. 5.3 Codes. The Codes and Standards set forth at TMC Title 16 (Buildings and Construction), in effect 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 on the Property under such permit; provided that, no amendment to any such code or standard effective after the date of filing of a complete application for a building permit, shall apply to the Project unless it is necessary to prevent or mitigate a serious threat to public health and safety or has general application city -wide. Section 6. Development Standards; Conditions. 6.1 Application of Urban Renewal Overlay District. This Project is located within the Urban Renewal Overlay District and is subject to the supplemental development standards set forth therein and the development standards in the underlying zoning regulations, except as modified pursuant to this Section 6. 6.2 Application of Development Standards. RCW 36.70B.180(3)(d) and TMC 18.86.030 authorize the establishment of design standards by a development agreement. More specifically, TMC 18.86.030 provides that, a development agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications that provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards. Pursuant thereto and during the Vesting Period, the provisions of this Section 6 set forth the development standards that differ from or supplement those standards set forth in the Governing Regulations. Accordingly, the following development standards shall apply to and govern and vest the development, use, and mitigation of the Project Improvements in lieu of any conflicting or different standards or requirements elsewhere in the Governing Regulations. 6.3 Design Review Procedures — Proposed Site Plan. The Project shall be subject to design review approval by the Board of Architectural Review ( "BAR ") pursuant to TMC Ch. 18.60 ( "Design Review "). The Proposed Site Plan submitted for Design Review approval with the application shall conform to and identify as to each proposed Development Parcel, the information required pursuant to TMC Ch. 18.60 and the following elements: 6.3.1 Lines marking the boundaries of the existing lots(s) or parcel(s), provided that any existing lot boundary to be eliminated or altered should be a dashed line and so noted. 6.3.2 Locations of existing and proposed public or private roads and easements, including private access easements. 6.3.3 Location of proposed new property lines and numbering of each lot or parcel. 6.3.4 Location, dimension and purpose of existing and proposed easements and encumbrances, including but not limited to parking easements. 6.3.5 Location of any proposed dedications. 7 6.3.6 Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the Property. 6.3.7 Expected location and setbacks of proposed new buildings, parking areas and driveways. The Proposed Site Plan, if approved through the City's Design Review process, will become the "Approved Site Plan "; provided that, the Proposed Site Plan may be modified by Developer during Design Review in response to issues raised by the BAR. Upon approval pursuant to TMC Ch. 18.60, development of the Property shall conform to the Approved Site Plan, any conditions attached thereto, and any approved amendments thereto. Major and Minor amendments to the Approved Site Plan shall be approved in accordance with the provisions of Section 6.6 hereof (Major and Minor Amendments — Site Plan Approval). 6.4. Design Review Procedures - Application Submittal and Approval. Each application submitted to the City for Design Review for a proposed Development Parcel in accordance with the requirements of TMC Ch. 18.60, shall include the information required pursuant to TMC Ch. 18.60 and the following elements: 6.4.1 Conceptual floor plans, floor areas and detailed elevations of proposed new buildings and other structures. 6.4.2 Landscaping plan. 6.4.3 A table of uses, floor areas and housing units consistent with Section 3 (Project Description). 6.4.4 Identification of facilities in conformance with Section 2.11 (Restaurant/Retail Space Covenant) of the DDA. 6.4.5 Identification of facilities in conformance with Section 2.12 (Police Resource Center) of the DDA. 6.5 Design Review Standards and Review Criteria. The design standards and review criteria applicable to the Property shall, in addition to the relevant criteria set forth at TMC 18.60.050(D) and the Governing Regulations, include criteria consistent with the following: 6.5.1 Vision Statement. The City's Vision Statement for Tukwila Village as referenced in this Development Agreement. 6.5.2 Focal Point Design. The Preliminary Site Plan represents the relationship of proposed new buildings to the Plaza and the neighborhood and, as such, focal points, such as prominent building corners, must have a defined architectural expression and visual interest. By way of example and not limitation, such defined architectural expression and visual interest may include a rounded or chamfered wall, a tower, transparency, or architectural lighting at night. 6.5.3 Buildings Along Eastern Boundary. If any portion of buildings B or E as shown on the Preliminary and Proposed Site Plan is proposed to be located within 30 feet of an adjacent property that is zoned LDR, MDR, or HDR, the BAR may require and allow portions of the building to have greater or lesser setbacks and/or lower height limits than allowed under the Governing Regulations, provided that the average setbacks and/or height limits allowed shall be 8 consistent with the Governing Regulations. The BAR may encourage modulation of building facades and/or height modulation of buildings B or E as shown on the Preliminary and Proposed Site Plan in order to reduce the visual impact on adjacent properties, but such modulation shall not be mandated solely to reduce density that is otherwise allowable under the Governing Regulations. 6.5.4 Minimum Interior Height. Non - residential uses at street level shall have a floor -to -floor height of at least fifteen (15) feet. This height shall be as measured from the primary entry of the tenant space(s) intended to occupy the street level. 6.5.5 Landscaping Standards. The landscaping standards and requirements under the Governing Regulations standards shall apply to the Property; provided that, the specific Landscaping standards and requirements set forth in the "Statement of Purpose and Design" for the Plaza and the Commons, as approved pursuant to the DDA, are adopted as design standards for purposes of Design Review and shall be reflected in the Design Review submittals for the Plaza Parcel. 6.5.6 Integrated Site. The Development Parcels within each Development Phase may contain multiple lots, tracts or parcels that will function as a single site. Accordingly, each Development Phase shall be considered as a single integrated site, as if there were no interior lot lines, for purposes of determining compliance with the dimensional requirements and set -back requirements applicable to each such Development Phase. Further, if the BAR determines that two or more Development Phases will function as a single integrated site, such Development Phases shall together be considered as a single integrated site, as if there were no interior lot lines, for purposes of determining compliance with Governing Regulations such as building set - backs, recreation space, parking, and landscape requirements. 6.6 Major and Minor Amendments — Approved Site Plan. All proposed amendments to the Approved Site Plan shall be considered pursuant to the provisions of TMC Ch. 18.60. 6.7 Additional Building Height. The Specific Urban Renewal Overlay Development Standards and Criteria (TMC 18.43.070) includes supplemental development standards that allow building heights up to 65 feet. The maximum building heights for buildings fronting along Tukwila International Boulevard, represented by buildings A and D as shown on the Preliminary Site Plan, shall be increased by five (5) feet to seventy (70) feet. This increase in building height is consistent with goals of the Comprehensive Plan to encourage development within the Urban Renewal Overlay District while minimizing impact to residential development by limiting the increase in height to development adjacent to the transportation corridor. 6.8 Land Use Permit Process. The Project will be implemented in phases by a series of land use permit applications. Each land use permit application shall be consistent with the requirements of this Development Agreement. 6.9 Additional Conditions of Approval. The following additional conditions of approval are established pursuant to TMC 18.86.060. 9 6.9.1 Phasing of Development. The Parties acknowledge that the most efficient and economic development of the Property depends upon numerous factors, such as market orientation and demand, interest rates, competition and similar factors, and that generally it will be most economically beneficial to the ultimate purchasers of the Property to have the rate of development determined by the Developer. Accordingly, Developer shall have the right to develop the Property in multiple Development Phases to facilitate financing and ownership, to aid in the timing of and sequencing of construction, and to attain flexibility to adjust to market demand and other factors. In furtherance thereof, the Development Phases and the expected build -out period for each Development Phase shall be set forth in the Phased Development Plan. Development of the Property shall conform to the Phased Development Plan and shall be completed within five (5) years of the Effective Date. Developer shall develop the Plaza Parcel contemporaneously with, and as part of, the development of the first Development Phase. The Development Parcels that are associated with each Development Phase, including the Plaza Parcel, may be owned, operated and managed separately, although initially developed under the control of Developer or an Affiliate. 6.9.2 Additional Approvals. The City shall have the right to require easements, dedications and/or covenants for public purposes such as water, sanitary sewer and storm water facilities for each Development Phase. Any roads to be dedicated as public right of way shall conform to City design standards consistent with the Governing Regulations. Except as may be otherwise provided herein, all water, sanitary sewer and storm water facilities shall conform to design standards consistent with the Governing Regulations. Section 7. SEPA Conditions of Approval. The Parties agree that, as of the Effective Date, the City has not initiated review of the Project pursuant to the State Environmental Policy Act ( "SEPA ") or the implementing provisions of TMC Title 21, and that SEPA applies to land use and development approvals that will be issued during the Vesting Period. The City shall not exercise its substantive SEPA authority to impose conditions on land use approvals for this Project issued during the Vesting Period in a manner that is inconsistent with the Governing Regulations. Section 8. Concurrency. The Parties agree that, as of the Effective Date, the City has not determined if the Project meets the concurrency requirements of TMC Ch. 9.48 and TMC Ch. 21.04 and that the provisions thereof apply to land use and development approvals that will be issued during the Vesting Period. The City shall not, during the Vesting Period, exercise its authority to determine if the Project meets the City's standards for transportation, water, sewer, and storm water concurrency approval and mitigate significant adverse impacts, in a manner that is inconsistent with the Governing Regulations. Section 9. Impact Fees. This Project shall be subject to assessment and collection of, transportation impact fees pursuant to TMC Ch. 9.48, fire impact fees pursuant to TMC Ch. 16.26, and Parks Impact Fees pursuant to TMC Ch. 16.28. Section 10. Street Vacation. 41st Avenue is a public right of way that encumbers the Property. The City and Developer acknowledge and agree that Developer's obligations are 10 contingent upon Final City Council Approval of vacation of that portion of 41st Avenue encumbering the Property. Section 11. Major and Minor Amendments - Development Agreement. All proposed amendments to the Development Agreement shall be considered in accordance with this Section 11. 11.1 Process. The Mayor may approve Minor Amendments to the Development Agreement proposed by the City or Developer and mutually agreed to by the Parties. Such approval shall be in writing and the resulting amendment shall be incorporated into this Development Agreement as an amendment pursuant to Section 21 hereof. The City Council may approve Major Amendments to the Development Agreement in accordance with the same process for approval of the Development Agreement. A Major Amendment to the Development Agreement approved by the City Council, and mutually agreed to by the Parties, shall be incorporated into this Development Agreement as an amendment pursuant to Section 21 hereof. 11.2 Minor Amendment Defined. A proposed amendment to the Development Agreement shall be considered a minor amendment if the proposed amendment does not modify the Governing Regulations or Section 6 (Development Standards; Conditions) hereof, does not materially modify the size or scope of the Project, and does not modify the Vesting Period or term of this Development Agreement. 11.3 Major Amendment Defined. A proposed amendment to the Development Agreement shall be considered a Major Amendment if the proposed amendment does not constitute a Minor Amendment. 11.4 Determination. An application for a Minor Amendment shall be made to the Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such that the Mayor can determine whether or not the proposal qualifies as a Minor Amendment. If the application does not provide sufficient information, the Mayor may request additional information from the Developer or reject the application. Upon receipt of sufficient information to determine if the proposal set forth in the application constitutes a Minor Amendment, the Mayor shall determine if the proposal constitutes a Minor Amendment. In the event that the Mayor determines that the proposed amendment is a Minor Amendment, the Minor Amendment may be administratively approved by the Mayor. In the event that the Mayor determines that the proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance with the same process for approval of a Development Agreement, withdraw its proposed amendment, or modify and re- submit its proposed amendment. The determination of the Mayor shall be a final decision. Section 12. Further Discretionary Actions. Developer acknowledges that the Governing Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of permit applications under SEPA. Nothing in this Development Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the 11 City and any of its officers or officials in complying with or applying Governing Regulations and the development standards and conditions set forth in Section 6 hereof. Section 13. Existing Land Use Fees and Impact Fees. Generally applicable land use fees and impact fees adopted by the City by resolution or ordinance as of the Effective Date of this Development Agreement may be increased by the City from time to time, and the new fees applied to subsequent permits and approvals for the Property. Section 14. Dispute Resolution Process. 14.1 The parties agree to use their best efforts to resolve disputes arising out of or related to this Development Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: 14.1.1 Level One - Developer's principal or designee and the City's Community Development Director or Public Works Director 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 One, either Party may refer the dispute to Level Two. 14.1.2 Level Two - Developer's principal and the City Administrator or Mayor shall meet to discuss and attempt to resolve the dispute in a timely manner. 14.2 Except as otherwise specified in this Development Agreement, in the event the dispute is not resolved at Level Two within fourteen (14) calendar days after referral of that dispute to Level Two, the Parties are free to file suit or agree to alternative dispute resolution methods such as mediation or arbitration. At all times prior to resolution of the dispute, the parties shall continue to perform under this Development Agreement in the same manner and under the same terms as existed prior to the dispute. 14.3 In the event that the Parties choose to resolve a dispute through binding arbitration, the parties agree to the following procedure: 14.3.1 Binding arbitration between the parties pursuant to this Section shall be governed by the rules and procedures set forth in this Section. 14.3.2 If the parties to the dispute are unable to agree upon a single arbitrator within fourteen (14) calendar days of failure to resolve the dispute at the end of the Level Two process, then a board of three arbitrators shall be appointed by the American Arbitration Association ( "AAA ") in compliance with the Rule of Appointment of Neutral Arbitrator. Any arbitrator appointed by AAA under this subsection shall possess knowledge of the particular matters at issue in the arbitration. 14.3.3 Upon selection of the arbitrator(s), said arbitrator(s) 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. Said arbitrator(s) shall then give both parties reasonable notice of the time (which time shall be within thirty (30) calendar days of the 12 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(s) deems relevant, with witnesses required to be sworn; and hear arguments of counsel or others. 14.3.4 After consideration of all evidence, testimony and arguments, said single arbitrator or said board of arbitrators or a majority thereof 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. Until the arbitrator(s) issue(s) the first decision or award upon any question submitted for the arbitration, performance under the Development 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. 14.3.5 Developer 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. 14.3.6 The arbitrator(s) shall have the authority to enter awards of equitable remedies consistent with the obligations of the City and Developer under this Development Agreement. 14.3.7 The arbitrator(s) 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. Section 15. Default and Remedies. 15.1 Cures Taking More Than Thirty Days. No Party shall be in default under this Development Agreement unless it has failed to perform as required under this Development 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 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. 15.2 Rights of Non - Defaulting Party. A party not in default under this Development 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 Development Agreement. 13 15.3 Attorneys' Fees. In any action to enforce or determine a Party's rights under this Development Agreement, the prevailing party shall be entitled to attorney's fees and costs as provided under Washington law. 15.4 Termination of Developer's Rights; Effect. The Parties acknowledge that the Developer's right to take ownership of and develop the Property, in whole and in part, is subject to the terms and conditions of the DDA. In the event that Developer's right to develop the Property is terminated pursuant to the DDA prior to commencement of development of the Property, the rights, duties and obligations of the Developer and City under this Development Agreement shall terminate contemporaneously therewith. In the event that the Developer's right to develop a Development Parcel or Development Parcels comprising a Development Phase is terminated pursuant to the DDA, the rights, duties and obligations of the Developer and the City under this Development Agreement shall terminate contemporaneously therewith as to those Development Parcels comprising such Development Phase if such termination can be narrowly tailored as provided in Section 15.5 hereof. 15.5 Relief Against Defaulting Party or Portion of Property. In recognition of the anticipated transfers by Developer of Development Parcels to third parties, remedies under this Development Agreement shall be tailored to the Development Parcels or Parties as provided below. 15.5.1 Relief Limited to Affected Parcel. Any claimed default shall relate as specifically as possible to the Development Parcel of the Property involved, and any remedy against any party shall be limited to the extent possible to the owners of such Development Parcel of the Property. 15.5.2 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 non - defaulting owner of portions of the Property under this Development Agreement, and shall seek to utilize the severability provisions set forth in this Development Agreement. 15.6 Specific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Development Agreement, and that the Parties are entitled to compel specific performance of all material terms of this Development Agreement by any Party in default hereof. Section 16. Termination. This Development Agreement shall expire and/or terminate on the earlier of the termination/expiration provisions set forth as follows: 16.1 This Development Agreement shall expire as to each Development Phase, and be of no further force and effect, if the development contemplated in this Development Agreement for such Development Phase, and all of the permits and/or approvals issued by the City for such development, are not substantially underway in conformance with the Phased Development Plan. Nothing in this Development Agreement shall extend the expiration date of any permit or approval issued by the City for any development. 14 16.2 This Development Agreement shall expire and be of no further force and effect if the Developer does not construct the Project as contemplated by the permits and approvals identified in this Development Agreement, and submits applications for development of the Property that are inconsistent with such permits and approvals. 16.3 This Development Agreement shall terminate upon the expiration of the Vesting Period identified in Section 4 hereof. 16.4 This Development Agreement shall terminate as to each Development Phase, when the Development Parcels comprising the Development Phase have been fully developed as evidenced by the City's issuance of an Estoppel Certificate of Completion pursuant to the DDA. Upon termination of this Development Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Development Agreement has been terminated. Section 17. Effect Upon Termination on Developer Obligations. Termination of this Development Agreement as to the Developer of the Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Property, any other conditions of any other development specified in the Development Agreement to continue after the termination of this Development Agreement or obligations to pay assessments, liens, fees or taxes. Section 18. Effects Upon Termination on City. Upon any termination of this Development Agreement as to the Developer of the Property, or any portion thereof, the entitlements, conditions of development and all other terms and conditions of this Development Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to then existing planning and zoning laws). Section 19. Assignment and Assumption. The Developer shall have the right to sell, assign or transfer this Development Agreement with all its rights, title and interests therein to any person, firm or corporation at any time during the term of this Development Agreement. Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the Subject Property, at least thirty (30) days in advance of such action. Section 20. Covenants Running With the Land; Recording. 20.1 The conditions and covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the Parties. The Developer, and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Development Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform 15 all of the duties and obligations of a Developer contained in this Development Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned or transferred to it. 20.2 A Memorandum of Development Agreement in substantially the Form of the "Memorandum of Development Agreement" attached hereto as Exhibit "C" shall be recorded against the Property such that the terms and conditions of this Development Agreement shall operate as a covenant running with each Development Parcel and shall be binding on Developer and Owners, their heirs, successors and assigns until this Development Agreement expires or is terminated as to such Development Parcel. Section 21. Amendment to Agreement; Effect of Agreement on Future Actions. This Development Agreement may be amended by mutual consent of all of the Parties, provided that any such amendment shall follow the process established for Major and Minor Amendments as set forth at Section 6.6 and Section 11 hereof. Section 22. Releases. Developer, and any subsequent Owner, may be released from further obligations relating to the sold, assigned, or transferred portion of the Property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Development Agreement as provided herein. Section 23. No Third -Party Beneficiary. This Development 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 Development Agreement. Section 24. Interpretation. The Parties intend this Development 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 Development Agreement shall be construed to exclude from the scope of this Development 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. This Development 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 Development Agreement. Section 25. Notice. All communications, notices, and demands of any kind that a Party under this Development 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: 16 If to the City: City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 Attn: Mayor's Office With a copy to: City Attorney City of Tukwila Kenyon Disend, PLLC 11 Front Street South Issaquah, Washington 98027 -3820 General: 425- 392 -7090 Fax: 425- 392 -7071 If to Developer: Tukwila Village Development Associates, LLC Attn: Bryan M. Park, Manager c/o Pacific Northern Construction Company, Inc. 201 - 27th Avenue SE, Building A, Suite 300 Puyallup, WA 98374 General: (253) 231 -5001 Fax: (253) 231 -5010 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, 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. Section 26. Excusable Delay (Force Majeure). In addition to specific provisions of this Development Agreement, and notwithstanding anything to the contrary in this Development Agreement, neither Party shall be in default in the performance or the failure of performance of its obligations under this Development Agreement, or in the delay of its performance, where such failure or delay is due to war, insurrection, strikes, lock -outs or other labor disturbances, one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or failures of performance by any governmental authority or utility company (so long as the Party seeking the extension has adequately complied with the applicable processing requirements of such governmental authority or utility company), delays resulting from changes in any applicable laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any governing body with jurisdiction, delays resulting from the weather or soils conditions which necessitate delay, delays resulting from litigation (including suits filed by third parties concerning or arising out of this Development Agreement) or any other cause (lack of funds of 17 Developer, Developer's inability to finance the construction of the Development, and Developer's inability to lease the Improvements, are not causes beyond the reasonable control or without the fault of Developer) beyond the reasonable control or without the fault of the Party claiming an extension of time to perform or an inability of performance. The extension of time for any cause shall be from the time of the event that gave rise to such period of delay until the date that the cause for the extension no longer exists or is no longer applicable, in each case as evidenced by a notice from the Party claiming the extension. An extension of time for the duration of such event will be deemed granted if notice by the Party claiming such extension is sent to the other as to any of the above causes other than Permit Delays, within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other Party within ten (10) days of receipt of the notice (such extension of time is referred to herein as "Force Majeure "). Times for performance under this Development Agreement may also be extended in writing by the City and Developer in accordance with Section 11 herein. Section 27. Indemnification. Except as otherwise specifically provided elsewhere in this Development 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, 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 Development 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. Section 28. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce the terms of this Development Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs from the non - prevailing Party. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. Section 29. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party, or successor or assign of Developer, to challenge this Development Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or successor(s) or assign(s). In such event, Developer and/or such successor(s) or assign(s) shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including, but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and/or such successor(s) or assign(s) shall not settle any 18 lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 30. Severability. If any phrase, provision or section of this Development Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Development Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date of the ordinance adopting this Development Agreement, and either Party in good faith determines that such provision or provisions are material to its entering into this Development Agreement, that Party may elect to terminate this Development Agreement as to all of its obligations remaining unperformed. Section 31. Authority. Each Party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Development Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Development Agreement. Section 32. Exhibits and Appendices Incorporated. Each Exhibit attached hereto or referenced is incorporated herein by such reference as if fully set forth herein. Section 33. Headings. The headings in this Development Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Development Agreement. Section 34. Time of the Essence. Time is of the essence of this Development Agreement and of every provision hereof. Unless otherwise set forth in this Development 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. Section 35. Entire Agreement. This Development Agreement, and the DDA referenced herein, 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 Development Agreement supersedes all previous agreements, oral or written. THIS SECTION INTENTIONALLY LEFT BLANK 19 AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to the Terms of this Development Agreement by signing below: Attest: By: CITY: CITY OF TUKWILA, a municipal corporation By: Christy • laherty, City Clerk Approved As To For By: Shelley Fake City Attorney DEVELOPER: TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC By: 20 Bryan M. Park Manager STATE OF WASHINGTON ) )ss COUNTY OF On a154- 6iC1}41-hvi , 20 /.1,. before me, the undersigned, a Notary Public, personally appeared JIM HAGGERTON, personally known to me (or proved to me on the basis of satisfactory evidence) as the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. Nmmtifil s 0= yh a.6%._ OF `�'�P.`� STATE OF WASHINGTON ) )ss COUNTY OF WITNESS my hand and official seal. Print Name: ile li qa, Q. i- NOTARY PUBLIC in and for the State of Washington, residing at 7vga.ni . My commission expires: ///9 /U( Ona154. a►t&ku , 20 /d; before me, the undersigned, a Notary Public, personally appeared BRYAN M. PARK, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, as MANAGER OF TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. = , •// ►r, OF WI). WITNESS my hand and official seal. Print Name: 1,16144.1 .4.. f} (- NOTARY PUBLIC in and for the State of Washington, residing at —7"µk4A)i 1A. My commission expires: ,t /4 //(, 21 Exhibit A Exhibit B Exhibit C EXHIBITS: Legal Description of Property Depiction of the Property Form of Memorandum of Development Agreement Exhibit A Legal Descriptions of the Property PARCEL A: THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN ADDITION TO THE CITY OF SEATTLE, AS PER PLAT RECORDED N VOLUME 13 OF PLATS. PAGE 12. RECORDS OF KING COUNTY AUDITOR: AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 1-EET OF SAID SOUTHEAST 1/4: THENCE SOUTH 01 °27'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1). DISTANT SOUTHERLY 250.50 FEET (AS MEASURED ALONG SAID EASTERLY LINE) FROM THE NTERSECTION OF SAID EAS 1 ERLY LINE WITH THE NORTH LLNE OF THE SOUTH 812.6 FEET OF SAID SOUTHEAST 1/4: THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LLNE OF SAID LOT 9; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LLNE OF A TRACT CONVEYED TO ZIBA HUNTNGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 412377: THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT WHICH BEARS SOUTH 01 °27'30" WEST FROM THE TRUE POINT OF BEGINNING: THENCE CONTINUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4: THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET: THENCE NORTHWES 1 ERLY TO THE TRUE POINT OF BEGNNNG. PARCEL A -1: A NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY LIVE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE NORTH 398.1 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. 100 FEET DISTANT EAST OF THE NORTHWEST CORNER OF SAID SUBDIVISION: THENCE SOUTH 01°27'30" WEST 200 FEET TO THE TRUE PONT OF BEGINNING OF THE SOUTHERLY LINE OF THE EASEMENT HEREIN DESCRIBED: THENCE SOUTHWES 1 ERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1) WHICH PONT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A POINT N THE EAST MARGIN OF SAID HIGHWAY DISTANT 23.40 FEET. MORE OR LESS. WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH LINE THEREOF AS THE SAME IS PRODUCED WESTERLY: SITUATE IN THE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON. 23 Exhibit A Legal Descriptions of the Property (continued) PARCEL B: THE NORTH 185.90 _FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 1-±ET OF THE EAST 1.031 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH): SITUATE IN THE CITY OF TUKWILA COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: LOTS 1 THROUGH 6 INCLUSIVE. CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHNGTON: PARCEL D: THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. LYING EASTERLY OF THE STATE HIGHWAY NO. 1: EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 1158645: AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGHWAY SOUTH. CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396: SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON. PARCEL E: LOT A OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21. N KING COUNTY. WASHINGTON: PARCEL F: LOT B OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, N KING COUNTY. WASHINGTON: 24 Exhibit A Legal Descriptions of the Property (continued) PARCEL G: THE NORTH 220 FEET OF LOT 7, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21. IN KING COUNTY, WASHINGTON: EXCEPT THE NORTH 132 FEET THEREOF: PARCEL H: LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21. IN KING COUNTY. WASHINGTON: EXCEPT THE NORTH 220 FEET THEREOF: AND EXCEPT THE SOUTH 84 FEET THEREOF: PARCEL I: THE SOUTH 84 FEET OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON; PARCEL K: THAT PORTION OF THE NORTH 105.12 FEET OF LOT 13 LYING EASTERLY OF STATE ROAD NO 1 IN BLOCK 2 OF ADAMS HOME TRACTS. AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31. RECORDS OF KING COUNTY. EXCEPT THOSE PORTIONS OF LOT 13 CONVEYED FOR ROAD PURPOSES TO KING COUNTY. STATE OF WASHINGTON. RECORDED UNDER RECORDING NO 7501150141 AND TO THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO 9603260430. RECORDS OF KING COUNTY. SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON. PARCEL L: THE WEST 60 FEET OF THE NORTH 83 FEET OF LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS. AS PER PLAT RECORDED IN VOLUME 11 OF PLATS. PAGE 31. RECORDS OF KING COUNTY. SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON. 25 Exhibit A Legal Descriptions of the Property (continued) PARCEL M: THAT PORTION OF LOTS 13 AND 14 IN BLOCK 2 OF ADAM HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS. PAGE 31, DESCRIBED AS FOLLOWS: BEGINNING AT A POLNT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14: THENCE WESTERLY 100 FEET: THENCE NORTHERLY 26 FEET: THENCE WESTERLY 78.51 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH: THENCE NORTHEASTERLY ALONG SAID HIGHWAY 23.74 FEET: THENCE EASTERLY 109.85 FEET: THENCE NORTHERLY 22.20 FEET: THENCE EASTERLY 60 FEET: THENCE SOUTHERLY 70.60 FEET TO POINT OF BEGINNING: SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL N: THAT PORTION OF LOTS 12, 13 AND 14 IN BLOCK 2 OF ADAMS HOME TRACTS. AS PER PLAT RECORDED IN VOLUME 11 OF PLATS PAGE 31, DESCRIBED AS FOLLOWS: BEGINNING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14: THENCE WESTERLY 198.14 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH: THENCE NORTHEASTERLY ALONG SAID HIGHWAY 63.02 FEET: THENCE EASTERLY 78.51 FEET: THENCE SOUTHERLY 26 FEET: THENCE EASTERLY 100 FEET: THENCE SOUTHERLY 34 FEET TO POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. PARCEL 0: LOT 14 1N BLOCK 2 OF ADAMS HOME TRACTS. AS PER PLAT RECORDED IN VOLUME 11 OF PLATS. PAGE 31. RECORDS OF KING COUNTY: EXCEPT THE WEST 60 FEET THEREOF. SITUATE IN THE CITY OF TUKWILA. COUNTY OF Ki1i TG. STATE OF WASHINGTON. 26 Exhibit A Legal Descriptions of the Property (continued) PARCEL P: THE WEST 28.6 FEET OF LOT 15 IN BLOCK 2 OF ADAMS HOME TRACTS. AS PER PLAT RECORDED IN VOLUME 11 OF PLATS. PAGE 31. RECORDS OF KING COUNTY: SITUATE IN THE CITY OF TUKWILA. COUNTY OF KLNG. STATE OF WASHINGTON. PARCEL Q: LOT 15. BLOCK 2. ADAMS HOME TRACTS. ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME 11 OF PLATS. PAGE 31. IN KING COUNTY. EXCEPT THE WEST 29.5 FEET THEREOF: AND EXCEPT THE SOUTH 11.5 FEET THEREOF: AND EXCEPT THE EAST 3.0 FEET THEREOF. 27 Exhibit B Depiction of the Property The parcels A through I as indicated on the map below. Parcel J is not included. Assessor tax parcel numbers: 152304 - 9092 -02, 152304 - 9096 -08, 152304- 9242 -01, 155420 - 0005 -09, 155420- 0010-02, 155420 - 0015 -07, 155420- 0020 -00, 155420 - 0030 -08, 155420- 0036 -02, 155420- 0025 -00, 155420- 0037 -01, 155420 - 0033 -05, 155420- 0035 -03, and 155420 - 0034 -04. Note: This is not a plat of survey. It is provided as a convenience to identify and locate the land subject to this Agreement with references to streets and other land. ]?26.2.1 3728.2.2 28 Exhibit B Continued Depiction of the Property The parcels K through Q as indicated on the map below. Assessor tax parcel numbers: 004000 - 0145 -08, 004000 - 0146 -07, 004000 - 0180 -04, 004000 - 0191 -01, 004000- 0194-08, 004000 - 0196 -06, 004000 - 0198 -04 Note: This is not a plat of survey. It is provided as a convenience to identify and locate the land subject to this Agreement with references to streets and other land. 295 .30 12.5 LA CST 1: 09.0 1509 79 0005 7799411 11.2 31 30 30 _ 99 i 1 30 L.OB _ 1326_22 1326.22 ■ 12: 50 6.S :+d 9697{ 0100 SIAM ti" Ens NIMPONcoolINICI 1111146 T�i4R4 065544 12 0145 229639s 0175 0 0101121 0141 14 2147595 9209 0 Q 29014t q 0198 0191 si 110 031.72 Lot 1 16 24067; g 0205 99- 54 -00E ,^ 131.69 Rs? Lot 2 1 O 170279 0197 132.72 COMM arts 29 17 1 36943, IN.S OPI 17 !.t 021( EXHIBIT C (Form of Memorandum of Development Agreement) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: City Clerk (Space Above This Line For Recorder's Use) MEMORANDUM OF DEVELOPMENT AGREEMENT GRANTOR: Tukwila Village Development Associates, LLC, a Washington limited liability company GRANTEE: City of Tukwila, a municipal corporation of the state of Washington LEGAL DESCRIPTION: See Attachment 1 hereto (page _ of document). PARCEL NUMBERS: 152304- 9092 -02, 152304- 9096 -08, 152304- 9242 -01, 155420- 0005-09, 155420- 0010 -02, 155420- 0015 -07, 155420- 0020 -00, 155420- 0030 -08, 155420- 0036 -02, 155420- 0025 -00, 155420- 0037-01, 155420- 0033 -05, 155420- 0035 -03, 155420- 0034 -04, 004000 - 0145 -08, 004000 - 0146 -07, 004000 - 0180 -04, 004000- 0191-01, 004000 - 0194 -08, 004000 - 0196 -06 and 004000 - 0198 -04. THIS MEMORANDUM OF DEVELOPMENT AGREEMENT (the "Memorandum ") is made as of , 20_, by and between the City of Tukwila, a municipal corporation operating under the laws of the state of Washington as a non - charter code city (the "City "), and Tukwila Village Development Associates, LLC, a Washington limited liability company (the "Developer "). This Memorandum confirms that the City and Developer entered into that certain Development Agreement, dated as of , 20_ (the "DA ") pursuant to the authorization of RCW 36.70B.170 and TMC 18.86. The DA is intended and designed so that development of that certain real property in Tukwila, WA, described in the attached Attachment No. 1 (the "Property ") will be governed by and vest to the Governing Regulations, Development Standards and Conditions, and all other terms and conditions of the DA. The 30 rights, duties and obligations as set forth in the DA constitute covenants running with the land and are binding upon the City, Developer, and their respective permitted successors in interest under the DA with respect to the individual Development Parcels comprising the Property until such time as the DA expires or terminates as to each such individual Development Parcel. This Memorandum is prepared for the purpose of recordation, and it in no way modifies the provisions of the DA. A complete copy of the DA is on file with the Office of the Tukwila City Clerk and was approved by motion of the Tukwila City Council at a Meeting held on December 10, 2012. CITY CITY OF TUKWILA, a municipal corporation By: Its: TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC By: Its: 31 STATE OF WASHINGTON ) ) ss COUNTY OF ) On , before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. STATE OF WASHINGTON COUNTY OF ) )ss ) WITNESS my hand and official seal. Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: On , before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: 32 Attachment 1 to Memorandum of DA Legal Description of Property (To be Inserted) 33