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COW 2009-06-08 COMPLETE AGENDA PACKET
4 Tukwila City Council Agenda 3 COMMITTEE OF THE WHOLE a J Jim Haggerton, Mayor Councilmembers Joe Duffie Pamela Linder \r\ <f Rhonda Berry, City Administrator y y Dennis Robertson Verna Griffin Igo: Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn To be followed by a Special Meeting Monday, June 8, 2009, 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE to be led by Senior Girl Scout Troop 704 2. CITIZEN At this time, you are invited to comment on items not incl uded on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. PUBLIC a. The 2010 -2015 Transportation Improvement Program. Pg.1 HEARINGS b. An ordinance annexing approximately 259 acres of real property known as the Pg.17 "Tukwila South Project property." 4. SPECIAL a. A resolution adopting the 2010 -2015 Transportation Improvement Program. Pg.i ISSUES b. Fireworks permit for annual display at the Family 4th at the Fort celebration. Pg.45 c. Construction contract change orders 2 and 3 for the Interurban Avenue South Pg.71 Waterline project. d. Construction management contract supplement for the Interurban Avenue Pg.77 South Waterline project. e. Contract change order for standby power upgrades. Pg.83 f. Bid award for 2009 Small Drainage Program. Pg.89 g. Bid award for repair of fire truck. Pg.101 h. Turnover of infrastructure and dedication of right -of -way for Westfield Pg.115 Southcenter Mall. i. An ordinance amending Ordinance No. 2111, as codified at TMC 9.48.140, Pg.123 regarding criteria for vesting to previous traffic impact fees. 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING SPECIAL MEETING Ord #2233 Res #1682 1. CALL TO ORDER ROLL CALL 2. CONSENT AGENDA Approval of Minutes: 5/18/09 (Regular) (Special Meeting Continues on Page 2) SPECIAL MEETING (Continued) June 8, 2009 Page 2 3. UNFINISHED Tukwila South Project: BUSINESS a. An ordinance authorizing the Mayor to enter into a Development Agreement Pg.141 with La Pianta LLC for the project known as Tukwila South. b. An ordinance adopting the Tukwila South Master Plan. Pg.247 c. An ordinance amending the City's Zoning Code, TMC Title 18; adopting a new Pg.295 TMC Chapter 18.41 relating to a new Tukwila South Overlay District; and adopting the Tukwila South Design Manual. d. An ordinance amending TMC Chapter 17.16 relating to detailed procedures for Pg.367 Binding Site Improvement Plans. e. An ordinance amending Tukwila's Shoreline Master Plan map to pre- designate Pg.375 the shoreline area located within the Tukwila South Potential Annexation area as "urban environment" and for such designation to be effective upon annexation. f. An ordinance designating the Tukwila South Project area a Sensitive Area Pg.381 Master Plan Overlay District. g. An ordinance vacating portions of the existing Frager Road right -of -way from Pg.387 approximately existing City limits to South 200th Street for the Tukwila South Project. h. An ordinance vacating portions of the existing Southcenter Parkway right -of- Pg.395 way from approximately South 180th Street to existing City limits for the Tukwila South Project. i. A resolution declaring the real property located at Frager Road and South 200th Pg.403 Street to be surplus, and authorizing its exchange. 4. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 -433- 1800 /TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SYNOPSIS �IILA i 4 101- 4 y Initials ITEM NO. I Meeting Date Prepared by Mayor's s review Council review 1 06/08/09 1 JM lL 44 I 06/15/09 1 JM I 1 2 90= 1 I I I 1 ITEM CAS NUMBER: 09-075 I ORIGINAL AGENDA DATE: JUNE 8, 2009 AGENDA ITEM TITLE Resolution adopting the Six -Year Transportation Improvement Program 2010 2015 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mfg Date 06/08/09 Mtg Date tbltg Date 06/15/09 Aft Date Mtg Date Mtg Date 06/08/09 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police Ply SPONSOR'S The Transportation Improvement Program (TIP) is required by RCW to be updated SUMMARY annually. The TIP is primarily a financial planning document for projects competing for grants. A Public Hearing is scheduled on June 8, 2009 for the 2010 2015 TIP. After the Public Hearing, the TIP is adopted by resolution and is then incorporated into the Regional and State TIPs. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/18/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Hold Public Hearing and adopt resolution COMMrnEE Unanimous Approvai; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AIMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 06/15/09 1 MTG. DATE I ATTACHMENTS 06/08/09 Informational Memorandum dated 05/06/09 Draft Resolution Draft 2010 2015 TIP Spreadsheet Current Adopted 2009 2014 TIP Minutes from the Transportation Committee meeting of 05/18/09 06/15/09 1 City of Tukwila O a 9 1 Jim Haggerton, Mayor 9os INFORMATIONAL MEMORANDUM TO: Mayor Haggerton TRANSPORTATION COMMITTEE FROM: Public Works Director DATE: May 6, 2009 SUBJECT: Six -Year Transportation Improvement Program (2010 -2015) ISSUE Annual update of the Six -Year Transportation Improvement Program for the years 2010 2015. BACKGROUND The Transportation Improvement Program (TIP) is updated annually as required by RCW. The TIP is adopted by resolution after a public hearing at the local agency level and incorporated into the regional and state TIPs. The TIP is primarily a financial planning document for projects competing for grants. Any project submitted for federal grant funding must be included in the local, regional and state adopted TIPs. The TIP is a rolling plan showing various funding sources: grants, developer, and local funds. Projects "roll" as funds or stages occur (design report, final design, and construction). Tukwila's TIP and Capital Improvement Program (CIP) list many of the same transportation related projects. The TIP lists only those transportation- related projects planned within the next six years that are deemed regionally significant. The City's CIP lists transportation projects planned in the next six years and beyond, as well as water, sewer, surface water, and capital facilities. The TIP is required to be adopted by July 1 on an annual basis, while the CIP is prepared during summer /fall in conjunction with the City's budget preparation. Differences between the two may be due to priority changes, funding availability changes, or other factors that normally occur during the time between adoption of each document. ACTION TAKEN The attached spreadsheet is the "Draft" 2010 2015 TIP and was created by modifying the 2009 2014 TIP to add or remove projects, adjust project costs, and reprioritize the list of projects. Added: Project 11— Walk Roll Plan (Nonmotorized Transportation Plan) Deleted: Tukwila Int'I Blvd (Phase II) Deleted: Tukwila Int'I Blvd (Phase III) RECOMMENDATION The Council is being asked to approve and forward the resolution for the updated annual Six -Year Transportation Improvement Program of 2010 2015 for consideration at the June 8, 2009 Committee of the Whole meeting to hold a Public Hearing and subsequent June 15, 2009 Regular Meeting for Adoption. Attachment: Resolution 2010 2015 "Draft" Transportation Improvement Program (TIP) Spreadsheet Current Adopted 2009 2014 TIP P:\PROJECTS \TIP \Current TIP \02010 memo gl.doc DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM (2010- 2015), AND DIRECTING THE SAME TO BE FILED WITH THE STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26 as amended, the City Council of the City of Tukwila has previously adopted a Transportation Improvement Program and thereafter periodically modified said Transportation Improvement Program by resolution; and WHEREAS, the City Council has reviewed the work accomplished under said program, determined current and future City street and arterial needs and, based upon these findings, has prepared a Six-Year Transportation Improvement Program for the ensuing six calendar years (2010- 2015); and WHEREAS, on June 8, 2009, a public hearing was held regarding the City's Six- Year Transportation Improvement Program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Program Adopted. A six-year Transportation Improvement Program for the calendar years 2010 -2015 is hereby adopted. Section 2. Filing of Program. The City Clerk is hereby authorized and directed to file a copy of this resolution, together with the exhibit attached hereto, with the Secretary of Transportation and the Transportation Improvement Board of the State of Washington. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Joan Hernandez, Council President Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: Exhibit: City of Tukwila' s Six-Year Transportation Improvement Program from 2010 to 2015 W: \Word Processing Resolutions TIP 2010 -2015 Adoption.doc RT:GLkn 5/14/2009 Page 1 of 1 (DRAFT 2010 -2015 TIP SUMMARY I 2010.20151 2009 CIP TIP I PROJECT TITLE Poo No, 2010 1 1 'Neighborhood Traffic Calming Pronrom 4 0 2 .Annual Bridge Inspacllons and Rooalrs --1291-1-7,',56 145 3 Bo01n8 AcC85o Rd 8ridpu Roplocumunl 4 Tukwila UPoUn Conlor- P0tl /008 Bridgo 10 U 5 Soulhcontor Parkway (S 180 SI S 200 St)_ 14 5,820 ---1--- 6 Tukwllu Urban Contor Access (ICIIckltai 15 __23,480 7 144 S (Phase 11) 10 01 8 'Annual Ovorlay Rupulr Pro(tram 20 9 Tul /wIlo Urban Conlur- Transit Conlor 22 10 Andovor Park Wool (Tuk. Pkway. Strandor)1 25 11 Walk Roll Plan (Nonmolorlrod Trans. Pion, 24 12 Macadam Rd 0 14410 St Intorsucllon 27 13 ,Andovor Pk E Mlnklor Blvd Inlursacllon 28 14 W Valloy Hwy/ S 150 St 29 15 Andover Park E Industry Dr. Slam' 30 16 S 133 St SR 599 Ramps Intorcccllon I 31 17 IEasl Morainal Way (8AR to 0 112 St) 1 32 18 Ilnlerurbnn Avu 0 IS143 St FS. DonlWy): .33 19 ITUC/TOD Pudostrlan Irnprov0monls 1 34 20 IMInklor Blvd. (Soulhconlur Pkwy APWJI 35 21 'Tukwila Intl Blvd. (Pismo IV) 1 35 22 ITroffic Slnnal Interconnect Program 1 37 23 ISC Blvd Wldonin0 (1.5. 61st Aoo 0 Bridge) 1 38 24 Tukwila Inl'I Blvd. S 116 Wy/ 0/1500 1 39 25 S 168 SI (51C Parkwy to Andovor Pk 0) 1 40 26 Mott Volley 11wy (1.405 Strondor Blvd.) I 41 27 Nolson Place (0 158 SI S 156 St) 1 43_ 20 S 180 St/ Andovor Park W Inluraaction 44 20 S 14410 0) Brid9u SldwoIkc 47 30 Groonbull Mulll rp Irpo oo Tralin 50 TOTAL 1 PROJECTS REVISED FROM 2009.2014 TIP: Dulutod ITokwIIa Inl'I Dlvd. Phdsu 11) au U0lolud 'Tukwila Intl 00d. (Phu III) I Now Wulk (toll Plan (Nonmotorl/od Trans, Plon)1 24 1,2501 1,25 1,150 1,15 0 1,46 2001 2 171 751 751 751 01 2 0 1 0 oi 01 01 of 01 DI 01 01 01 431 4 34,OOG 31,320 2010 2015 Draft Transportation Improvement Program (TIP) Projoct Carts In Thousands of Do 2011 2012 1 01 0 1451 205 1,75 13,817 500 25,25 0 0 0 2013 _2014 01 0 0 01 0 1,750 1,250 1,250 1,250 1,2501 7,500 O 0 1 0 4,300 6,600 6 01 0 1,461 200 2001 200 0 1,000 O 01 0 510 627 01 01 0 002 677 0) 01 0 1,032 1,107 01 0 0 5 75( 5 01 01 0 6301 050 0 01 O 0 31 3,350 400 8,42.51 4,275 0 11,100 01 1,1001 1,100 O 01 4251 425 O 01 4,5011 4.591 O 3,0001 3.000 0 20,0001 20,000 O 4,675 4,075 0 __2 23,244 O 6301 630 2001 200 0 0 0 0 205 270 13,6171 0 1001 1,400 01 0 210 210 100 100 43 4' 0 172 10,215 21,84 7,3051 72,494 103,350 31,671 301702 ars. 2015 0 270 0 0 0 TO 0 1,240 30,734 2,000 31,077 23,480 1,750 Fodorol 24,588 400 3,083 3,000 Juno 2, 2009 1 i I FUNDING SOURCES Stalo TIB Dovolonor Un30curoc City 15,000 5.250 452 a 1.245 6,146 1,600 6,307 6,087 12,139 3,091 1,000 750 7,500 4,620 1,520 940 521 17 610 75 602 75 440 592 75 575. 20 460 17C 1,040 1,300 1,010 5,000 6,100 500 600 425 216 3,500 870 1,200 1,000 20,000 1,900 2,775 5,300 17,044 530 100 205 30 100 80 10C 1 172 28,7891 20,0201 8 2,160 Agency: Co. No.: City No.: 00 2 14 3 00 4 14 5 16 6 Washington State Department of Transportation Tukwila 17 1320 Greenbelt Trolls Co. Name: King MPO /RTPO: PSRC Project Identification A. PIN /Fodoral Ald No. B. Bridge No. C. Project Title D. Street/Road Namo or Number E. Beginning MP or Road Ending MP or Road F. Describe Work to be Done 3 Neighborhood Traffic Calming Program Various City Streets from: to: Program to address neighborhood traffic concerns using striping, signogo, roadway improvements, traffic calming, and education to reduce speeding and Improve safety. from: to: Provide safe connections to public trails to promote pedestrian and bicycle modes of transportation In lieu of motorized vehicles. Annual Bridge Inspections and Repairs Various City Streets from: to: Perform load ratings and bi- annual Inspections as well as construct necessary repairs and maintenance. Tukwila Urban Center Ped /Bike Bridge from: Baker Blvd. to: West Valley Hwy Pedestrian bridge over the Green River connecting the CBD and roll station. Boeing Access Rd Bridge Replacement Boeing Access Road from: Airport Way to: 1.5 Reconstruct bridge. Southcentor Parinwoy (S 180 St S 200 St) Southcenler Parkway from: S 180 St to: S 200 St Construct widening to 4 lanes with center turn pockets Including curb 8 gutter, sidewalks, drainage, landscaping, and utility undorgrounding. 16 7 Tukwila Urban ContorAccess (Klickitat) Southcenter Parkway from: 1.5 Off Ramp to: S 168 St Design and construct safety and capacity improvements. 08002.500 01 E N c o N w o U 0 J w z o Start li (mm/dd /yyyy) 4 5 6 7 8 9 ALL 1/1/2009 12 S 32 P 11 S 32 ID 1,000 Ft 08 09 P 1,000 Ft T P 0 01 S 7,400 Ft W T S P G 05 P 1,500 Ft W T S P G 08 Totals PE 1/1/2009 Totals ALL 1/1/2009 Totals PE 1/1/2010 CN 1/1/2012 Totals ALL 1/1/2014 Totals CN 1/1/2009 Totals CN 1/1/2009 Totals Report Date: June 27, 2005 Page 1 Project Costs in Thousands of Dollars Fund Source Information Federal Funding Federal Federal State Fund Cost by Fund Code Phase Code 10 11 12 BR Discretionary Discretionary 7444 7,444 9476 3401 TPP Six Year Transportation Improvement Program From 2009 to 2014 Hearing Date: Amend Date: State Local Funds Funds TPP 5250 13 14 215 1015 6931 5000 16526 9,476 5000 16526 21209 Total Funds 1015 1015 500 500 1600 1600 2100 2100 6931 143751 2151 43 10151 120 14375 310021 10175 31002 10175 29860 1 29860 3 5250 21209 29860 29860 6/9/2008 Adoption Date: 6/16/2008 Resolution No.: 1663 Expenditure Schedule (Local Agency) 1st 2nd 3rd 15 16 17 18 19 215 215 43 43 43 86 140 120 140 140 615 400 100 400 100 20827 20827 43 1 43 140 4th Thru 6th 86 615 1600 CE 1600 14375 CE 14375 Federally Funded Projects Only RAN Required Envir. Date Type (MM'YY) 20 21 CE CE Yes 12/31/12 No Yes 7/1/09 Yes 12/31/09 v. 5.7 Supersedes previous editions AM. Washington State Department of Transportation Agency: Tukwila Co. No.: 17 City No.: 1320 1 2 14 8 14 9 03 S Tukwila Int'I Blvd (Phase 3) Tukwila Int'I Blvd from: S 132 St to: S 138 St Reconstruct roadway Including paving, curb gutter, sidewalks, Illumination, drainage, and utility undergrounding. 17 10 14 14 Co. Name: King MPO /RTPO: PSRC Project Identification A. PIN /Federal Ald No. B. Bridge No. C. Project Title D. Street/Road Name or Number E. Beginning MP or Road Ending MP or Road F. Describe Work to be Done 3 Tukwila Int'1 Blvd (Phase 2) Tukwila Int'I Blvd from: S 116 St to: S 132 St Construct overlay, curb gutter, sidewalks, Illumination, drainage, landscaping, and utility undergrounding. S 144 St (Phase 2) S144St from: 42 Ave S to: Tukwila Int'I Blvd Design and construct paving, curb gutter, sidewalks, drainage, illumination, and utility undergrounding, 16 11 07 S Annual Ovorloy and Ropair Program Various City Streets from: to: Repair, rehabilitate, and ovedoy City streets as needed In an annual program. 16 12 Tukwila Urban Canter- Transit Cantor Central Business District from: to: Design and construct a transit center. 16 13 Andover Park Wost Andover Park West from: Tukwila Parkway lo: Strander Blvd. Complete widening for center left turn lane. Interurban Ave S Interurban Ave S from: S 143 St to: Fort Dent Way Reconstruct street Including paving, curb gutter, drainage, Illumination, sidewalk, and landscaping. 03 P 1000 P T W s G C 21 P 05 P 2,100 Ft G C S P T W C G 0 P S T W T w P S 2000 C G P S T w 03 P 4,500 Ft W T S P G C CN 1 1/1/2009 Totals ALL 1/1/2014 Totals ALL 1/1/2009 Totals ALL 1/1/2009 Totals ALL 1/1/2009 Totals CN 1/1/2014 Totals STP(U) STP(U) Report Date: June 27, 2005 Page 2 3104 800 Six Year Transportation Improvement Program From 2009 to 2014 Project Costs in Thousands of Dollars Federally Funded d E m Fund Source Information Expenditure Schedule Projects Only E7' N o N (Coca Agency) a 0 Federal Funding R/N/ a� N T Phase Federal Federal State 4th Required E r Start Fund Cost by Fund State Local Total Thru Envir. Date ti (mm/dd/yyyy) Code Phase Code Funds Funds Funds 1st 2nd 3rd 6th Type (Mnyyy) 4 5 6 7 8 9 10 11 ,,12 I 13 14 15 16 17 18 19 20 21 03 S 5,000 Ft G CN 1/1/2009 STP(U) 1715 TPP 2000 1296 5011 5011 0 CE 0 No P S T W C Totals 1,71 2000 1296 5011 5011 Hearing Date: 6/9/2008 Adoption Date: 6/16/2008 Amend Date: Resolution No.: 1663 668 3,104 668 3772 3772 1750 1750 1750 1750 7500 7500 7500 1250 1250 1250 4600 800 4600 5400 3100 2300 1461 7625 37721 3772 17501 75001 1250 54001 3100 14611 1461 1461 1461 1461 7625 1 1250 1 1250 1750 3750 7625 7625 7625 3750 2300 CE 7625 CE CE Yes 7/1/08 Yes 12/31/14 Yes 1/1/12 v. 5.7 Supersedes previous editions ,1111. ter' Washington State Department of Transportation Agency: Tukwila Co. No.: 17 City No.: 1320 N O y u- a`1 'aE aZ 1 2 17 15 16 16 12 P S 133 St/ SR 599 Ramps Intersection 17 17 05 P 1000 Macadam Rd S 144 St lntorsection Macadam Road from: S 144 St to: 1,000 Ft on south leg Widen Macadam Rood to add a northbound left turn lane. 16 18 12 S 1,000 Ft Andovor Park E Mlnklor Blvd. Intorsoction 14 19 16 20 14 21 Co. Name: King MPO /RTPO: PSRC Project Identification A. PIN /Fodoral Aid No. B. Bridge No. C. Project Title D. Street/Road Name or Number E. Beginning MP or Road Ending MP or Road F. Describe Work to be Done 3 TUC/TOD Pedestrian Improvements from: Tukwila Urban Center to: Rail Station Construct bike /pedestrian connection betwoon Tukwila Urban Center and Commuter Roll Stallon/TOD oroa. from: 500 Ft. on each leg to: 500 Ft. on each leg Design and construct intersection Improvomonls Including a now traffic signal: from: 500 Ft. on each leg lo: 500 Fl. on each leg Design and construct Intersection and traffic signal Improvements and widening for left turn lanes. Wost Va/loy Hwy /S 156 St from: Southcenler Blvd. to: S 158 St Construct additional northbound left turn lane at S 168 St for northbound HOV to northbound 1 -405, Andover Pk E Industry Dr. Signal from: 500 Ft. on each leg lo: 500 Ft. on each leg Design and construct a traffic signal and Intersection Improvements. Tukwila Intl Blvd. (Phase 4) Tukwila Int'I Blvd from: Boeing Access Rd. to: S 116 St Design and construct widening Including paving, curb gutter, sidewalk, drainage, illumination, landscaping, and utility undergrounding, Project Costs In Thousands of Dollars Federally Funded E N 8 v u Fund Source Information Expenditure Schedule Projects Only o (Local Agency) d 8 w L Federal Funding Riw a 0 o ,S Phase Federal Federal State State Local Total 4th Envir. Required I— D Start Fund Cost by Fund 1st 2nd 3rd Thru Date (mm /ddyyyy) Code Phase Code Funds Funds Funds 6th Type (myyj 4 5 6 7 8 9 10 11 12 I 13 14 15 16 17 19 20 21 CN 1/1/2009 630 630 630 32 S 0 CE 06 No 1,000 Ft W T S G C P 12 P 1,500 Ft T P 12 p 1,000 Ft W T S P G 03 p 3,500 Fl P S W O Totals ALL 1 1/1/2009 Totals ALL 1/1/2010 Totals ALL 1/1/2010 Totals ALL 1/1/2010 Totals ALL 1/1/2010 Totals ALL 1/1/2014 Totals Report Date: June 27, 2005 Page 3 Six Year Transportation Improvement Program From 2009 to 2014 Hearing Date: 6/9/2008 Adoption Date: 6/16/2008 Amend Date: Resolution No.: 1663 630 630 630 690 690 690 60 630 610 654 1080 500 500 4591 6901 60 610 1 610 610 180 430 654 10801 500 1 500 4591 630 180 1 430 75 654 654 75 579 48 1080 1080 48 1032 48 579 1032 452 48 452 4591 4591 4591 4591 v. 5.7 Supersedes previous editions 4 Washington State Department of Transportation Agge en ncy: Tukwila Co. No.: 17 Co. Name: King City No.: 1320 MPO /RTPO: PSRC Project Identification ti A. PIN /Federal Aid No. B. Bridge No. d rn C. Project Title E J o L r, Y-2 D. Street/Road Name or Number a� N 3 j2 CL Phase u` E. Beginning MP or Road Ending MP or Road E r°- o Start F. Describe Work to be Done a. (mm /dd/yyyy) 1 2 3 4 5 6 7 8 9 16 22 12 S w ALL 1/1/2014 14 23 16 25 14 26 Wost Valley Highway West Valley hlwy from: 1 -405 to: Strander Blvd Design and construct widening to 7 lanes Including curb gutter, sidewalks, Illumination, and drainage. 16 28 Traffic Signal Interconnect Program Various City Streets from: to: Doslgn and Install hard wire Interconnect system between traffic signals and the Traffic Operations Center. SC Blvd. Widening Southcenter Blvd from: 1.5 to: 61 Ave S Widen Southcenter Blvd. and the 61 st Ave S Bridge to add a lane for future traffic 'growth. S 168 St S 168 St from: Southcenter Pkwy to: Andover Pk E Construct new roadway Including curb gutter, sidewalk, drainage, illumination, and landscaping. S 180 St Andover Park W Intersection from: 500 Ft. on each leg to: 500 Ft. on each leg Widen for north south tum lands, T G C P S 04 P 0.5 C G P S T W 14 24 04 P 2000 P Tukw/la lnt'I Blvd /S 116 St Tukwila Intl Blvd from: 1,000 Ft. on each leg to: 1,000 Ft. on each log Design and construct widening on Tukwila Intl Blvd and Intersection Improvements at T.I.B. /S 116 St. 01 P 4,000 Ft P T W S 05 P 0.5 Mi W 17 27 03 P 600 Ft Nelson Ploco Nelson Place from: S 156 St to: S 158 St Cosign and construct paving, curb gutter, sidewalks, drainage, and Illumination. T S P G 12 P 1000 w T P Totals ALL 1 1/1/2013 Totals ALL 1/1/2014 Totals ALL 1/1/2014 Totals ALL 1/1/2014 Totals ALL 1/1/2014 Totals ALL 1/11/2014 Totals Report Date: June 27, 2005 Page 4 Project Costs in Thousands of Dollars Fund Source Information Federal Funding Federal Federal State Fund Cost by Fund Code Phase Code 10 11 12 Six Year Transportation Improvement Program From 2009 to 2014 Hearing Date: 6/9/2008 Adoption Date: 6/16/2008 Amend Date: Resolution No.: 1663 R/W 4th Required State Local Total Thu Envir. Date Funds Funds Funds 1st 2nd 3rd 6th Type (MM 13 14 15 16 17 18 19 20 21 3000 3000 3000 3000 3000 3000 1700 1 17001 1700 1700 1700 4675 1 46751 4675 4675 4675 1372 630 200 210 13721 630 200 210 Expenditure Schedule (Local Agency) 1700 4675 1372 1372 1372 1372 630 630 630 630 200 200 200 200 210 210 210 210 Federally Funded Projects Only v. 5.7 Supersedes previous editions Washington Stato Department of Transportation Agency: Tukwila Tukwila Co. No.: 17 Co. Name: King City No.: 1320 MPO /RTPO: PSRC Project Identification A. PIN /Federal AId No. B. Bridge No. U 2 'o E C. Project Title LL a z D. Street/Road Namo or Number E. Beginning MP or Road Ending MP or Road F. Describe Work to be Done 1 2 3 17 29 16 30 16 31 S 144 St Bridge Sidewalks S 144 St from: 51 Ave S to: 53 Ave S Widen existing sidewalks on bridge over 1.5 between 51st Ave S and 53rd Ave S. MinklorBlvd Minkler Blvd from: Southcenter Pkwy to: Andover Park W Consruct widening for 3 lanes Inccuding curb gutter, sidewalk, drainage, and landscaping. East Marginal Way East Marginal Way from: Boeing Access Rd. to: S 112 St Design and construct widening to 3 lanes Including curb gutter, sidewalks, drainage, landscaping, and utility undergrounding. 4 5 6 7 8 05 P 0.25 C PE 1/1/2014 G P S T W Totals ALL 1/1/2012 04 p 2,000 Ft W T 5 P 03 P 1,500 Ft P S T W Project Costs in Thousands of Dollars 2 a, Fund Source Information o o Federal Funding Z tY Phase Federal Federal State Start Fund Cost by Fund State (mm /dd/yyyy) Code Phase Code Funds Totals ALL 1/1/2011 Totals Grand Totals for Tukwila STP(U) Report Date: June 27, 2005 Page 5 9 10 11 12 13 700 Six Year Transportation Improvement Program From 2009 to 2014 Hearing Date: 6/9/2008 Adoption Date: 6/16/2008 Amend Date: Resolution No.: 1663 Expenditure Schedule (Local Agency) R/W 4th Required Local Total Thu Envir. Date Funds Funds 1st 2nd 3rd 6th Type (MMJVY) 14 15 16 17 18 19 20 21 25 25 25 25 25 25 425 1 4251 425 425 1255 19551 35 425 700 1255 1955 35 1920 26,640 12,250 95,143 134,033 55,482 23641 4,061 50,849 425 1920 CE Federally Funded Projects Only No v. 5.7 Supersedes previous editions 444 q\ City of Tukwila o .-t.-t 'Q Transportation Committee 2�90� COUECTED TRANSPORTATION COMMITTEE Meeting Minutes May 18, 2009 5:00 p.rn. Conference Room 1 PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Verna Griffin Staff: Jim Morrow, Bob Giberson, Peter Lau, Robin Tischmak, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:00 p.m. L PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2009/10 Overlay Repair Program Bid Award Staff is seeking full Council approval to award a bid in the amount of $1,560,638.50 to Lakeside Industries for the construction of the 2009 /10 Annual Overlay Repair Program. The 2009/10 Program will provide roadway and overlay repairs to 20 street segments and 4 additive items for a total of 23 street segments, a gas valve adjustment and a private utility casting adjustment. As lowest bidder, Lakeside Industries' base bid came in over $500,000 under the engineer's estimate, which allowed four additive items to be awarded and constructed within budget. The base bid plus the four additives still comes in approximately $400,000 under budget when totaled for the 2009/10 biennium construction budgets. This cost savings will be returned to the City's General Fund Budget: 104 Arterial Streets. Lakeside Industries has successfully worked on past City projects. FORWARD TO MAY 26 COW FOR DISCUSSION. B. 2009/10 Overlay Repair Program Construction Management Services Staff is seeking full Council approval to enter into a consultant agreement with Anchor -QEA, LLC in the amount of $216,085 for assisting with the construction management, inspection and review relative to the 2009/10 Overlay Repair Program. Anchor -QEA has successfully worked on past City projects. The Committee questioned the viability of managing this project in -house if budget constraints forced cost cutting in this area. Staff reported that due to other ongoing projects, the respective workforce is not able to take on additional significant responsibilities without risking attention to project details. Also, the City is unable to provide in -house material testing experts. UNANIMOUS APPROVAL. FORWARD TO MAY 26 COW FOR DISCUSSION. C. Six -Year Transportation Improvement Program Staff is seeking Council adoption, via resolution, of the 2010 -2015 Six -Year Transportation Improvement Program (TIP). The TIP is a list of regionally significant transportation projects that have grant funding potential. This list does not commit the City to implement or construct any project. ti Staff discussed the annual update to the TIP, as required by the Revised Code of Washington (RCW). This Ft annual rolling program is generally modified to reflect the City's CIP, as the two are updated at different times of the year. Differences between the two plans are often based on and reflective of the time between the adoptions of each document as well as changes in priority and funding availability. Three changes are noted in the current document; one addition and two deletions: Transportation Committee Minutes May 18. 2009 Page 2 Addition: Walk Roll Plan (Nonmotorized Transportation Plan) has been added in order to seek and qualify for grant funds (State requires inclusion in plan for grant consideration). Deletion: Tukwila International Boulevard Phase II although ongoing, this project is funded and no longer needs to be in the TIP. Deletion: Tukwila International Boulevard Phase 111 although ongoing, this project is funded and no longer needs to be in the TIP. Prior to submitting to full Council, an update will be made to the draft TIP summary reflecting increased federal funding for Project Number 5: Southcenter Parkway. The Committee recommends forwarding the update to COW for discussion. A public hearing will be held prior to passing the resolution at the same meeting. UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. D. 35 Avenue South Street Vacation Staff is seeking full Council approval of an ordinance extending the 35 Avenue Street vacation from April 30, 2009, to December 31, 2009. This is the final street vacation of seven which were originally requested (see Finance Safety Committee minutes dated May 14, 2007; Transportation Committee minutes dated April 29, 2008, and November 12, 2008). These street vacations were agreed upon by the City and Sound Transit as part of the Link Light Rail Project; however, Sound Transit is working with the Washington State Department of Transportation to clarify underlying rights regarding a potion of this particular street vacation. UNANIMOUS APPROVAL. FORWARD TO MAY 26 COW FOR DISCUSSION. E. 2009 1' Ouarter Reports The Committee reviewed the status of program goals as outlined in the 2009 1' Quarter Report, and asked clarifying questions as appropriate. INFORMATION ONLY. III. MISCELLANEOUS Jim Morrow provided an update on the status of the Howard Hanson Dam. Committee Member Robertson discussed budget infouuation and service reduction scenarios recently presented by King County Metro. He will be bringing this item to full Council tonight in order to determine the Council and Mayor's preferred service model so that he can communicate this information as the City's representative at the next SCATBd meeting which is scheduled for tomorrow, May 19, 2009. Meeting adjourned at 6:05 p.m. Next meeting: Monday, June 1, 2009 5:00 p.m. Conference Room 1 '1' Committee Chair Approval Minutes by KAM. w COUNCIL AGENDA SYNOPSIS x q Initials ITEM NO. a y 1Ieetiria Date Prepared by 1 rllay'or j review Council revie.>v I. 06/08/09 I LV I, .fit I �1 11 '5 O 06/15/09 I LV I 1 3 i 13 ‘,..--J,,,-,-,:_ 290: ITEM INFORMATION CAS NUmber: 09-076 I ORIGINAL AGENDA DATE: JUNE 8, 2009 \GI :ND.I ITI:\E Trrl,r. An ordinance of the City Council of the City of Tukwila, Washington annexing approximately 259 acres of real property known as the "Tukwila South Project property" Cl rl..(,ORY N Disc ujJton Motion Resolution Ordinance Bid Award N Public Hearing Other Alts Date 06/08/09 illtg Date tlltg Date l itg Date 06/15/09 il itg Date Mtg Date 06/08/09 flitg Date SP( )NSOR Council N ilVlayor Adm Svcs N DCD Finance Fire Legal P&R Police PW SPONSOR'S The Tukwila South Project includes annexing 259 acres into the City from King County. A SIVNI\L \Rl public hearing is scheduled for June 8, 2009. Completion of the annexation is called for in the Tukwila South Development Agreement; it states that if the annexation is not completed by the end of 2009, the Development Agreement terminates. The Council is asked to open a public hearing and take any testimony on June 8, continue the hearing to June 15 and move the ordinance forward to June 15 for deliberations and action. RI•a'n {\N I.D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. i DATE: Tukwila South Project No Committee Review RECOMMENDATIONS: SPONSOR /ADMIN. Mayor recommends approval CO \INIFITEE COST IMPACT FUND SOURCE ExPI?NDII'UR1? R1 AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Con Intents MTG. DATE 1 RECORD OF COUNCIL ACTION 06/08/09 06/15/09 1 I MTG. DATE I ATTACHMENTS 06/08/09 Informational Memorandum date 06/08/09 Ordinance in draft form 06/15/09 1 I I 1 L4 p o J 1 Yv� y City of Tukwila g t iw 9 Jim Haggerton, Mayor a go INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Lisa Verner, Project Manager DATE: June 8, 2009 SUBJECT: Tukwila South Project Annexation ISSUE Annex the portion of the Tukwila South Project property (259 acres) in King County into the City of Tukwila as part of the overall Tukwila South Project approvals. The first part of the annexation process was completed in 2005; the second half will be completed in June, 2009. BACKGROUND On November 12, 2004, a Request for Annexation was received from La Pianta LLC. The Request was signed by owners of 10% of the value of the property included in the request. Pursuant to RCW 35A.14.120, the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the signers to determine whether the Council would accept, reject or modify the proposed annexation and resolve other issues as required by state law. This Regular Meeting was held on January 18, 2005. The Council unanimously voted to accept the 10% Request as submitted, to authorize the circulation of the Petition for Annexation (60% Petition), and to require the following: 1. the simultaneous adoption of zoning regulations; and 2. the assumption of a proportionate share of existing city indebtedness by the area to be annexed. The Petition has been "circulating" and will be signed and submitted by La Pianta representatives upon Council approval of the Tukwila South Development Agreement and related land use issues. DISCUSSION La Pianta representatives have indicated they will sign the 60% Petition after the Council has approved the Tukwila South Development Agreement and related land use items. The 60% Petition is the binding document and commits the signer to annexation. Submission of the signed Petition is slated to occur immediately after Development Agreement approval as a term of the Agreement. The schedule of meetings is listed below: INFORMATIONAL MEMO Page 2 June 8 Special Meeting Council approval of Development Agreement and related land use issues June 8 Committee of the Public hearing on annexation; take any testimony Whole (Continue public hearing to June 15) June 9 La Pianta submits signed 60% Petition to Annex June 15 Regular Meeting Take any public hearing testimony and close the public hearing; Council deliberations; Council adoption of annexation ordinance The "60% Petition" refers to a Petition to Annex signed by the owners of property valued at 60% or more of the total assessed valuation of the annexation area. La Pianta owns property valued at more than 90% of the total assessed valuation of the area proposed for annexation. After Council accepts the 60% Petition and approves the annexation, staff will prepare an annexation packet for submission to the King County Boundary Review Board (BRB). The BRB has 45 days to review the packet. If the BRB has no objections to the annexation within the 45 -day period, the City may then finalize the annexation. If the BRB "takes jurisdiction" and identifies an issue with the annexation, it will schedule a public hearing, receive public input, and make a decision to approve, modify or deny the annexation. RECOMMENDATION The Council is being asked to open the public hearing at the June 8 meeting as it has been published and noticed. After opening the hearing and accepting any public comments, the hearing should then be continued to the June 15, 2009 Regular Meeting for further public comments. If the Development Agreement has been approved and signed by the June 15 meeting, La Pianta, LLC will be providing the 60% petition, and the annexation ordinance can also be deliberated and adopted at the June 15, 2009 Regular Meeting. ATTACHMENTS 1. Signed 60% Petition will be forwarded to Council members when it is received. 2. Ordinance annexing the Tukwila South Project property. W:12009 InfoMemos1TSAnnexation.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE TUKWILA SOUTH PROJECT PROPERTY;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than 10% in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings and WHEREAS, La Pianta LLC is the sole owner of approximately 259 acres of real property known as the "Tukwila South Project Property and WHEREAS, on November 12, 2004, La Pianta LLC submitted a Request for Annexation "Request which was signed by owners of not less than 10% of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request, and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of 60% of the assessed valuation of property within the proposed annexation "Petition on the following conditions: (1) simultaneous adoption of zoning regulations, and (2) petition signers' consent to the assumption of the proposed annexation area's proportionate share of existing City indebtedness, if any; and WHEREAS, on June 2009, during its regular meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues, and La Pianta LLC submitted its signed Petition; and WHEREAS, on June 8, 2009, the Tukwila City Council held a public hearing following publication of notice thereof as provided in RCW 35A.14.130, and that public hearing was continued to the June 15, 2009 Regular Meeting to accept additional public comments; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition, attached hereto and incorporated here by reference as Exhibit A; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit B and depicted on the map in Exhibit C; W: Word Processing Ordinances \Tukwila South Annexationdoc LV:ksn 06/04/2009 Page 1 of 2 with a full annexation parcel list shown in Exhibit D, which said exhibits are attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan, and Zoning Designations. The annexed property shall be subject to the Comprehensive Plan, Master Plan, Shoreline Master Plan map amendment to designate the property as Urban Environment and the Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted on June 2009. B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding City indebtedness, if any, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the effective date of the annexation in Section 1 of this ordinance. Section 3. Preparation of Notice of Intent to Annex. The City Administrator, and /or her designee, is hereby authorized and directed to prepare and submit a Notice of Intention to Annex to the King County Boundary Review Board no later than 180 days after the effective date of this ordinance. The City Administrator, and /or her designee, is hereby authorized and directed to take such other steps with respect to said Notice of Intention or otherwise as deemed necessary to implement the annexation in Section 1 of this ordinance. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Certification of Ordinance to King County. Pursuant to RCW 35A.14.140, upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law, except that Sections 1 and 2 of this ordinance shall not be effective until the effective date of approval of the King County Boundary Review Board pursuant to Chapter 36.93 RCW. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. AI 11ST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Fffective Date: Office of the City Attorney Ordinance Number: Attachment: Exhibit A Petition Exhibit B Property Legal Description Exhibit C Map Exhibit D Annexation Parcel List W: \Word Processing\ Ordinances \Tukwila South Annexationdoc LV:ksn 06/04/2009 Page 2 of 2 EXHIBIT A OWNER'S PETITION FOR ANNEXATION TO THE CITY OF TUKWILA, WASHINGTON The Honorable Mayor and City Council City of Tukwila 6200 Southcenter Boulevard Tukwila WA, 98188 Dear Mayor and City Council: WE THE UNDERSIGNED, being OWNERS of greater than sixty percent (60 in value of the real property described on EXHIBIT A attached hereto lying contiguous to the City of Tukwila, Washington, do hereby petition that such territory be annexed to and made a part of the City of Tukwila, Washington under the provisions of RCW 35A.14, et seq., and any amendment thereto, of the State of Washington. The territory proposed to be annexed is within King County, Washington and is described on EXHIBIT A attached hereto and depicted on EXHIBIT B by a diagram which outlines the boundaries of the property sought to be annexed, also attached hereto. At its regular meeting on January 18, 2005, the Tukwila City Council voted unanimously to accept the previous 10% Request for Annexation, to authorize the circulation of this Petition for Annexation (60% Petition), subject to the following conditions: 1. All property within the territory hereby sought to be annexed shall be subject to all City zoning and land use requirements immediately upon annexation, and 2. All property within the territory hereby sought to be annexed shall bear its proportionate share of existing city indebtedness. A copy of the minutes of that meeting is attached as EXHIBIT C. WHEREFORE, the undersigned respectfully petition the Honorable City Council of the City of Tukwila and ask and agree as follows: 1. That appropriate action be taken to entertain this petition, fixing a date for public hearing, causing notice to be published and posted specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and EXHIBIT A 2. That the following such hearing and any other necessary approvals, the City Council determine by ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Tukwila, Washington subject to its laws and ordinances immediately upon annexation. 3. That the zoning and land use regulations for the area proposed for annexation be amended consistent with the City's Comprehensive Plan and ordinances and that said zoning be implemented and effective immediately upon annexation. 4. That all property within the territory hereby sought to be annexed shall be assessed and taxed on the same basis as property within the City of Tukwila is assessed and taxed to pay for the portion of any then outstanding indebtedness. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Date PROPERTY OWNER: LA PIANTA LLC, a Washington Limited Liability Company By Metro Land Development, Inc., a Washington corporation, its Manager By: Mark A. Segale, Vice President Tukwila South Annexation Area EXHIBIT B Legal Descriptions PARCEL 352304 -9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05°44'13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36 -00; THENCE SOUTH 82 °46'30" WEST 59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9041: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY Tukwila South Annexation Area Legal Descriptions Exhibit 13 I June 2, 2009 LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9117: THAT PORTION OF THE SOUTHEAST 1 /4 OF THE SOUTHWEST 11 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET; Tukwila South Annexation Area Legal Descriptions 2 June 2, 2009 THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET; THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28" EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE N THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; Tukwila South Annexation Area Legal Descriptions 3 June 2, 2009 EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY. THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2 THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE PONT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40" Tukwila South Annexation Area Legal Descriptions 4 June 2, 2009 EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9008: THAT PORTION OF THE NORTHWEST %4 OF THE NORTHWEST '/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Tukwila South Annexation Area Legal Descriptions 5 June 2, 2009 PARCEL 352304 -9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH 15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 1/4 OF THE NORTHWEST 'A OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., Tukwila South Annexation Area Legal Descriptions 6 June 2, 2009 BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 1 /4 OF THE NORTHWEST 1 4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9047: THAT PORTION OF THE NORTHEAST 1 /4 OF THE NORTHEAST 1 /4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED Tukwila South Annexation Area Legal Descriptions 7 June 2, 2009 IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDS TG NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9106: A PORTION OF THE WEST Y2 OF THE NORTHWEST '/4 OF SECTION 2 AND THE EAST 1/2 OF THE NORTHEAST V4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900 -0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 1 /4 OF THE NORTHEAST 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED Tukwila South Annexation Area Legal Descriptions 8 June 2, 2009 UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KIN; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9006: THE SOUTHEAST 1/4 OF THE NORTHEAST 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF-WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 'A OF THE NORTHEAST 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Tukwila South Annexation Area Legal Descriptions 9 June 2, 2009 PARCEL 022204 -9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 'A OF THE NORTHWEST i/ OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF -WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED Tukwila South Annexation Area Legal Descriptions 10 June 2, 2009 UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID PONT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 N SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE PONT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9092: THAT PORTION OF THE SOUTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST 'A OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 1/4; THENCE Tukwila South Annexation Area Legal Descriptions 11 June 2, 2009 NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST '/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST 'A OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 'A OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Tukwila South Annexation Area Legal Descriptions 12 June 2, 2009 PARCEL 032204 -9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER THENCE NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 1 EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING: EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST 68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH 49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON TANGENT Tukwila South Annexation Area Legal Descriptions 13 June 2, 2009 CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST VI OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH 27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET; THENCE SOUTH 51 °58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); Tukwila South Annexation Area Legal Descriptions 14 June 2, 2009 TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Tukwila South Annexation Area Legal Descriptions 15 June 2, 2009 PROJECT I LA J 1 1 1 PERIpSTER I LEGEND: TUKWILA SOUTH PROJECT TUKWILA SOUTH ANNEXATION AREA TUKWILA. KING COUNTY. WASHINGTON r TUKWILA MUNICIPAL BOUNDARY AFTER LA PIANTA ANNEXATION EXISTING TUKWILA/ KING COUNTY UNE AREA TO BE ANNEXED TO THE CITY OF TUKWILA EXHIBIT C 1 Property Owner La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC Tukwila Historical Society King County King Co. Drainage Dist. 2 La Pianta LLC d Tukwila South Annexation Petition May 13, 2009 EXHIBIT D Tukwila South Annexation Area Parcel List Parcel Identifier 3523049050 3523049078 3523049041 3523049117 0222049037 0222049040 0222049033 3523049016 0222049008 3523049066 3523049065 0222049043 0222049057 0322049047 0322049106 0239000352 0322049100 0322049006 0322049090 0222049011 0222049015 0322049092 0322049093 0322049056 0322049052 0222049036 0222049061 0322049049 0322049062 Total: Area Area (SF) (Acres) 11,848 13,503 1,126, 897 10,000 37,633 37,296 649,915 175,111 264,844 12,632 23,087 905,612 382,456 520,106 87,120 114,747 648,173 841,143 23,240 1,176,991 2,112,224 66,211 801,068 63,597 53,143 15,900 31,477 29,911 357.627 10,593,512 0.27 0.31 25.87 0.23 0.86 0.86 14.92 4.02 6.08 0.29 0.53 20.79 8.78 11.94 2.00 2.63 14.88 19.31 0.53 27.02 48.49 1.52 18.39 1.46 1.22 0.37 0.72 0.69 8.21 243.19 Map Parcel No. 124 128 129 130 131 132 133 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 234 309 310 311 312 Jurisdiction Tuk. King Co. King County King County King County King County King County King County King County King County King County King County King County King County King County King County King County King County King County King County King County King County King County King County King County King County King County Kent King Co. King County King County Assessed S -T -R Value 35 -23 -4 EWM $29,600 35 -23 -4 EWM $700 35 -23 -4 EWM $901,500 35 -23 -4 EWM $7,500 2 -22 -4 EWM $316,000 2 -22 -4 EWM $74,500 2 -22 -4 EWM $519,900 35 -23 -4 EWM $4,000 2 -22 -4 EWM $161,000 35 -23-4 EWM $700 35 -23 -4 EWM $100 2 -22 -4 EWM $1,811,200 2 -22 -4 EWM $133,800 3 -22 -4 EWM $260,000 2 &3 -22 -4 EWM $174,200 3 -22 -4 EWM $69,000 3 -22 -4 EWM $281,000 3 -22 -4 EWM $420,500 3 -22 -4 EWM $34,800 2 -22 -4 EWM $882,700 2 &3 -22 -4 EWM $1,584,100 3 -22 -4 EWM $73,000 3 -22 -4 EWM $266,000 3 -22 -4 EWM $42,000 3 -22 -4 EWM $75,000 2 -22 -4 EWM $2,000 2 -22 -4 EWM $31,400 2 &3 -22 -4 EWM $200 3 -22 -4 EWM $475.000 $8,631,400 Total Value of All Parcels: $8,631,400 Total Value of All La Pianta Parcels: $8,597,800 La Pianta Percentage of Total Value: 99.61% TOTAL ASSESSED VALUE OF TAX LOT: $148,100. EST. 4/5 OF TAX LOT IN TUKWILA 1/5 IN KING COUNTY. TOTAL ASSESSED VALUEOF TAX LOT: $300. EST. 1/3 OF TAX LOT IN KENT 2/3 IN KING COUNTY. Total Area Being Annexed to the Citv Frager Road: S. 200th Street Orillia Road (3300'x60' est.): Total Area of Above Parcels (SF): Total Area (SF): Total Area (Acres): Tukwila South Annexation Petition May 13, 2009 198,084 SF 334,105 SF 198,000 SF 10,593.512 SF 11,323,701 SF 259.96 Acres COUNCIL AGENDA SYNOPSIS rz �y Initials ITEM NO. I Meeting Date I Prepared by 1 tl1a or'i review Cow'7/ review a y 06/08/09 I DT t 06/15/09 I DT 4, 6 ITEM INFORMATION I CAS number 09-077 I ORIGINAL AGENDA DATE: JUNE 8, 2009 AG ITENI TITLE Fireworks Permit for City's Family Fourth at the Fort event. C.\•I..(.ORY Dis usjion Motion Resolution Ordinance Bid Award Public Hearing Other lltg Date 06/08/09 111g Date 06/15/09 Altg Date tlltg Date it itg Date Altg Date dltg Date (SPONSOR E Conrail Major _A dm Svcs E DCD Finance Fire Legal P&R Police 1 I P117 SP( )NSOR'S This is the public display permit for the City Sponsored Fireworks show at the Starfire SU`IMI.\RY Sports complex for July 4, 2009. This is the same pyrotechnician who has done the show for the City since the City took over the sponsorship of this event. RI \'IlWI,D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 6/2/09 RECOMMENDATIONS: SPONSOR /ADMIN• Consideration of Permit application COMMITrim', Unanimous Approval; forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE RI ;OuIRI ;D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Continents: MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 I I I MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandums dated 5/28/09 Fireworks Permit Conditions Two Site Maps Tukwila Municipal Code Section 8.12 RCW references to the State Fireworks Law Minutes from the Finance and Safety Committee meeting of 6/2/09 IILA 1,1, Ail qs a�y City of Tukwila Jim Haggerton, Mayor 4. 90; INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance Safety Committee FROM: Don Tomaso, Fire Marshal DATE: May 28, 2009 SUBJECT: Tukwila's Family Fourth event on July 4, 2009 ISSUE The City has received an application for public fire works display at Starfire sports complex in conjunction with the City sponsored Tukwila's Family Fourth Event. The event is held in the northwest corner of the complex, with the fireworks being discharged from the northeast corner of the complex. BACKGROUND Tukwila Municipal Code 8.12.20 regulates Fireworks within the City in addition to RCW 70.77. TMC requires that the City Council approve all Public Displays under TMC 8.12.20.b. The application was received more than 14 days prior to the proposed display and has been investigated by the Fire Marshal's Office and found to comply with the requirements listed in RCW 70.77. This will be the seventh year we have had displays at this location with the same pyrotechnician. Given the location of the display, the Fire Marshal's office will require the same safety conditions as in previous years to mitigate potential fallout and crowd control issues. In addition, this year we will require two additional fire watch personnel to be on the new Seattle Sounder FC sports turf field. ANALYSIS This event has been very successful for the City and citizens that attended with attendance increasing each year. There have been no major emergency events in previous years in regard to fire or aid calls. We have experienced the normal type of minor fire and aid calls typical for crowds of this size. The one new concern this year is with the newly configured Sounder FC practice fields in the North end of the complex. We will add two additional fire watch personnel to ensure that any fireworks debris that falls on the field will be dealt with promptly. RECOMMENDATION Approve the proposed public fireworks display and forward this to the Council agenda for June 8, 2009 and June 15, 2009. ATTACHMENTS A copy of the condition's letter and a site map is attached for reference as well as a copy of TMC 8.12, RCW 70.77.255, 70.77.260, and 70.77.280 through 70.77.295. f C ity of f Tukwila Jizn Haggerton, Mayor j ai ti) A/ 2 Fire Department Nicholas J. Olivas, Fire Chief 1908 Date: May 28, 2009 To: Chief Olivas From: B/C Tomaso Re: Public Fire Works Display Permit I have reviewed the permit application information provided by Mr. Tom Whitacre, who has applied for the permit for a public fireworks display at the Starfire Sports Complex, 14600 Starfire Way. Mr. Whitacre is a licensed Pyrotechnic Operator with the State of Washington and with the Bureau of Alcohol, Tobacco and Fire Arms. The State Department of licensing also licenses Mr. Whitacre to transport fire works. The display will be held in conjunction with the City's planned event on the 4 of July, "Family Fun at the Fort", being organized by the Parks and Recreation Department. This will be a 35 to 40 minute show starting at approximately 2200 hours. The fireworks will be transported to the site in the AM of July 4 and will be under the required supervision until they are discharged. The mortar tubes and other equipment will be brought to the location on July 2 3 The application was reviewed to WAC 212 -17 and accepted industry standards, and I find everything is within these guidelines. I do have some concerns this year regarding the railroad right of way, Seattle Sounders FC practice fields and the limited access this allows. In addition, a portion of the fallout area includes a portion of a commercial property within the City of Renton. I have contacted Renton Fire Officials and have not received a response at the time of this memo. Last year the Renton Fire Marshal approved our plan, which is the same as in previous years. Crowd control can be a potential issue, as the crowd that assembles to watch the fire works show has increased each and every year. Last year the traffic leaving the site was managed with the available Tukwila Police on site and available patrol units. To mitigate these issues I believe the following measures should be done: Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439 City of Tukwila Page 2 Stage two fire apparatus at the site: one apparatus on each side of the Railroad right of way. Apparatus shall be out of service during the display and for 30 minutes following the display. Stage two firefighters in the Seattle Sounder FC practice fields as fire watch personnel with portable extinguishers and garden hoses supplied by Starfire staff. Have Tukwila Police provide crowd control during the public display. A minimum of 4 officers will be required. Provide traffic control to the Fort Dent Way and Interurban Ave intersection to expedite traffic flow. (2 additional Tukwila Police shall be available to respond to the site if requested.) Comply with Fire Works Permit Conditions attached. Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439 qtr 0 Citv of Tukwila Jim Haggerton, Mayor to iSI Fire Department Nicholas J. Olivas, Fire Chief FIREWORKS PERMIT CONDITIONS To: Mr. Tom Whitacre From: B /C. Tomaso Re: July 4th Fireworks display Date: May 28, 2009 1. Notify Washington State Patrol, Contact Lt. Bill Gardner at 425 649 -4658. 2. Notify FAA specialist, Ted Melland at 425 227 -2536 or 425 227 -2500. 3. Notify BNSF railroad resources at 1- 800 832 -5452, 2 hours prior to display time. 4. Establish Safety perimeter a minimum of 30 minutes prior to display start. 5. Have discharge monitors in visible uniform clothing. 6. No Pyrotechnics to be brought to site prior to the day of the display. 7. All personnel inside the safety perimeter shall use Personnel Protective equipment as outlined in NFPA 1123. 8. Only Pyrotechnician's and Fire Watch personnel will be within the safety perimeter. 9. Portable fire extinguishers shall be in place, prior to unloading of pyrotechnics from transport vehicle. (2A 20 BC Minimum Size) 10.4 Tukwila Police officers shall be on site a minimum of 30 minutes prior to the start of the display for crowd control and shall remain for a minimum of 30 minutes past the end Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439 City of Tukwila Page 2 of the display or the crowd disperses. (2 additional Tukwila Police officers shall be available to respond to the site if requested.) 11. Tukwila Fire Department shall inspect mortar racks prior to loading of any pyrotechnic shells. 12.Tukwila Fire Department shall inspect all static displays upon completion of set up. 13. Two Tukwila Fire Department apparatus shall be on location prior to the start of the display. (One will be an overtime staffed Engine) 14.Two additional overtime firefighters will be the designated fire watch personnel assigned to the Seattle Sounder FC practice fields. 15.Any breech of the safety perimeter shall suspend the display until the perimeter is cleared and re established. 16. Upon completion of the display, the fallout area shall be checked for unexploded shells. Cleaning of debris, if not practical on the night of the event, shall be at first light the next day. 17. No combustible materials shall be stored inside the safety perimeter. Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439 Fire Works Discharge and Restricted Area Starfire Fort Dent Park Aerial Map TITLE 8 PUBLIC PEACE, MORALS AND SAFETY Chapter 8.12 e. The fee for a public display shall be FIREWORKS X100 f. Permits granted shall be in effect for the specified single event, date and time specified in Sections: the permit. Such permit shall not be transferable. 8.12.010 Sale of Fireworks Prohibited g. Any applicant who feels he /she has 8.12.020 Ban on Fireworks Discharge been denied a permit for reasons other than those set 8.12.030 Fireworks Discharge, Enforcement Authority forth in this section, is entitled to appeal the written 8.12.040 Fireworks Discharge, Penalties decision in accordance with procedures set forth in TMC 8.45.060 relating to appeals from notice and orders. 8.12.010 Sale of Fireworks Prohibited No person, firm or corporation shall manufacture, sell, or store fireworks in the City of Tukwila, except 8.12.030 Fireworks Discharge, Enforcement Authority that a person granted a permit for a public display of The Chief of Police and Fire Marshal are both fireworks shall be allowed to buy, possess and store directed to administer and enforce the provisions of this fireworks according to the permit granted. chapter. Upon request by the Chief of Police or the Fire Marshal, all other City departments and divisions are authorized to assist them in enforcing this Chapter 8.12.020 Ban on Fireworks Discharge No person or persons shall ignite, explode or discharge any fireworks or firecrackers within the city 8.12.040 Fireworks Discharge, Penalties limits of Tukwila, except as provided below: Any person who violates any portion of this 1. Use by a group or individual for religious or ordinance shall be subject to having their fireworks other specific purposes on an approved date an confiscated as provided for in RCW 70.77.435, and approved location pursuant to a permit issued pursuant shall be guilty of a civil violation and penalty as to RCW 70.77.311. provided in TMC Chapter 8.45. 2. Use of trick and novelty devices as defined 17h 43 19 9 6 in WAC 212.17.030, and use of agricultural and wildlife fireworks as defined in WAC 212.17.045. 3. Public Display of Fireworks a. "Public displays of fireworks" are defined as an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks. b. Public displays of fireworks shall be allowed pursuant to the definitions and permit provisions found in RCW 70.77.255, 70.77.260 (2), 70.77.280 through 70.77.295, and City requirements in TMC 8.12.020 -3.c, 3.d 3.e below. c. Applications for public display of fireworks shall be made in writing at least 14 days before the proposed display. The Fire Marshal shall investigate the safety, supervision, responsibility and preparation for the display, and shall report to the City Council those findings. d. The City Council shall review all permit applications for a public display of fireworks, and shall have the power, based upon the finding of their investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as they shall prescribe. Said decision to grant, deny, or grant subject to conditions shall be in writing with findings and conclusions provided therein in support of the City Council's decision. Printed July 2006 Page 8 -13 70.76.110 Title 70 RCW: Public Health and Safety exceed one thousand dollars for each violation in the case of 7037.381 Wholesalers and retailers Liability insurance requirements. 70.77.386 Retailers— Purchase from licensed wholesalers. a first offense. Manufacturers who are repeat violators are 70.77.395 Dates and times consumer fireworks may be sold or dis- subject to a civil penalty not to exceed five thousand dollars charged —Local governments may limit, prohibit sale or dis- for each repeat offense. Penalties collected under this section charge of fireworks. 70.77.401 Sale of certain fireworks prohibited. must be deposited in the state toxics control account created 70.77.405 Authorized sales of toy caps, tricks, and novelties. in RCW 70.105D.070. [2007 c 65 111 70.77.410 Public displays not to be hazardous. 70.77.415 Supervision of public displays. 70.77.420 Permanent storage permit required— Application— Investiga- 70.76.110 Rules. The department may adopt rules to tion —Grant or denial— Conditions. fully implement this chapter. [2007 c 65 12.] 70.77.425 Approved permanent storage facilities required. 70.77.430 Sale of stock after revocation or expiration of license. 70.77.435 Seizure of fireworks. Chapter 70.77 RCW 70 Seizure of fireworks—Proceedings for forfeiture—Disposal of p confiscated fireworks. STATE FIREWORKS LAW 70.77.450 Examination, inspection of books and premises. 70.77.455 Licensees to maintain and make available complete records Sections Exemption from public records act. 70.77.460 Reports, payments deemed made when filed or paid or date 70.77.111 Intent. mailed. 70.77.120 Definitions —To govern chapter. 70.77.480 Prohibited transfers of fireworks. 70.77.124 Definitions— "City." 70.77.485 Unlawful possession of fireworks— Penalties. 70.77.126 Definitions "Fireworks." 70.77.488 Unlawful discharge or use of fireworks Penalty. 70.77.131 Definitions "Display fireworks." 70.77.495 Forestry permit to set off fireworks in forest, brush, fallow, etc. 70.77.136 Definitions "Consumer fireworks." 70.77.510 Unlawful sales or transfers of display fireworks Penalty. 70.77.138 Definitions— "Articles pyrotechnic." 70.77.515 Unlawful sales or transfers of consumer fireworks Penalty. 70.77.141 Defmitions "Agricultural and wildlife fireworks." 70.77.517 Unlawful transportation of fireworks— Penalty. 70.77.146 Definitions "Special effects." 70.77.520 Unlawful to permit fire nuisance where fireworks kept —Pen- 70.77.160 Definitions "Public display of fireworks." alty. 70.77.165 Definitions —"Fire nuisance." 70.77.525 Manufacture or sale of fireworks for out -of -state shipment. 70.77.170 Definitions "License." 70.77.530 Nonprohibited acts Signal purposes, forest protection. 70.77.175 Definitions "Licensee." 70.77.535 Articles pyrotechnic, special effects for entertainment media. 70.77.177 Definitions— "Local fire official." 70.77.540 Penalty. 70.77.180 Definitions "Permit." 70.77.545 Violation a separate, continuing offense. 70.77.182 Definitions— "Permittee." 70.77.547 Civil enforcement not precluded. 70.77.190 Definitions "Person." 70.77.548 Attorney general may institute civil proceedings— Venue. 70.77.200 Definitions— "Importer." 70.77.549 Civil penalty—Costs. 70.77.205 Definitions "Manufacturer." 70.77.550 Short title. 70.77.210 Definitions "Wholesaler." 70.77.555 Local permit and license fees Limits. 70.77.215 Definitions— "Retailer." p 70.77.575 Chief of the Washington state patrol to provide list of con 70.77230 Definitions "Pyrotechnic operator." 70.77.236 Definitions "New fireworks item." surer fireworks that may be sold to the public. 70.77.241 Definitions "Permanent storage "Temporary storage." 70.77.580 Retailers to post list of consumer fireworks. 70.77.250 Chief of the Washington state patrol to enforce and adminis- 70.77.900 Effective date -1961 c 228. ter Powers and duties. 70.77.910 Severability -1961 c 228. 70.77.252 Civil penalty— Notice Remission, mitigation, review. 70.77.911 Severability-1982 c 230. 70.77.255 Acts prohibited without appropriate licenses and permits— 70.77.912 Severability-1984 c 249. Minimum age for license or permit—Activities permitted State building code: Chapter 19.27 RCW. without license or permit. 70.77.260 Application for permit. 70.77.265 Investigation, report on permit application. 70.77.111 Intent. The legislature declares that fire- 70.77.270 Governing body to grant permits—Statewide standards —Lia- works, when purchased and used in compliance with the laws bility insurance. P P 70.77.280 Public display permit Investigation Governing body to of the state of Washington, are legal. The legislature intends grant— Conditions. that this chapter is regulatory only, and not prohibitory. 70.77.285 Public display permit—Bond or insurance for liability. [1995 C 61 1.] 70.77.290 Public display permit Granted for exclusive purpose. 70.77.295 Public display permit Amount of bond or insurance. Severability-1995 c 61: "If any provision of this act or its application 70.77.305 Chief of the Washington state patrol to issue licenses— Regis- to any person or circumstance is held invalid, the remainder of the act or the tration of in -state agents. application of the provision to other persons or circumstances is not 70.77.311 Exemptions from licensing— Purchase of certain agricultural affected." c 1995 61 32. and wildlife fireworks by government agencies Purchase 32.] of consumer fireworks by religious or private organizations. Effective date -1995 c 61: "This act is necessary for the immediate 70.77.315 Application for license. preservation of the public peace, health, or safety, or support of the state gov- 70.77.320 Application for license to be signed. ernment and its existing public institutions, and shall take effect immediately 70.77.325 Annual application for a license— Dates. [April 17, 1995]." [1995 c 61 33.] 70.77.330 License to engage in particular act to be issued if not contrary to public safety or welfare— Transportation of fireworks authorized. 70.77.120 Definitions —To govern chapter. The defi- 70.77.335 License authorizes activities of sellers, authorized representa- tives, employees. nitions set forth in this chapter shall govern the construction 70.77.340 Annual license fees. of this chapter, unless the context otherwise requires. [1961 70.77.343 License fees Additional. c 228 1.] 70.77.345 Duration of licenses and retail fireworks sales permits. 70.77.355 General license for public display —Surety bond or insur- ance— Filing of license certificate with local permit applica- 70.77.124 Definitions City." "City" means any tion. 70.77.360 Denial of license for material misrepresentation or if contrary incorporated city or town. 1995 c 61 2; 1994 c 133 2.] to public safety or welfare. Severability— Effective date -1995 c 61: See notes following RCW 70.77.365 Denial of license for failure to meet qualifications or condi- 70 77,111. tions. 70.77.370 Hearing on denial of license. Severability— Effective date -1994 c 133: See notes following RCW 70.77.375 Revocation of license. 70.77.146. [Title 70 RCW —page 148] (2008 Ed.) State Fireworks Law 70.77.170 70.77.126 Definitions "Fireworks." "Fireworks" 70.77.141 Definitions "Agricultural and wildlife means any composition or device designed to produce a visi- fireworks." "Agricultural and wildlife fireworks" includes ble or audible effect by combustion, deflagration, or detona- fireworks devices distributed to farmers, ranchers, and grow tion, and which meets the definition of articles pyrotechnic or ers through a wildlife management program administered by consumer fireworks or display fireworks. [2002 c 370 4; the United States department of the interior or an equivalent 1995 c 61 3; 1984 c 249 1; 1982 c 230 1.] state or local governmental agency. [2002 c 370 8; 1982 c Severability-2002 c 370: "If any provision of this act or its applica- 230 4.] tion to any person or circumstance is held invalid, the remainder of the act or Severability-2002 c 370: See note following RCW 70.77.126. the application of the provision to other persons or circumstances is not affected." [2002 c 370 50.] Severability— Effective date -1995 c 61: See notes following RCW 70.77.146 Definitions "Special effects." "Special 70.77.111. effects" means any combination of chemical elements or chemical compounds capable of burning independently of the 70.77.131 Definitions "Display fireworks." "Dis- oxygen of the atmosphere, and designed and intended to pro play fireworks" means large fireworks designed primarily to duce an audible, visual, mechanical, or thermal effect as an produce visible or audible effects by combustion, deflagra- integral part of a motion picture, radio, television, theatrical, tion, or detonation and includes, but is not limited to, salutes or opera production, or live entertainment. [1995 c 61 8; containing more than 2 grains (130 mg) of explosive materi- 1994 c 133 1; 1984 c 249 4; 1982 c 230 5.] als, aerial shells containing more than 40 grams of pyrotech- Severability— Effective date -1995 c 61: See notes following RCW nic compositions, and other display pieces which exceed the 70.77.111. limits of explosive materials for classification as "consumer Severability-1994 c 133: "If any provision of this act or its applica- fireworks" and are classified as fireworks UNO333, UNO334, lion to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not or UNO335 by the United States department of transportation affected." [1994 c 133 17.] at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and including Effective date -1994 c 133: "This act is necessary for the immediate fused setpieces containing components which exceed 50 mg preservation of the public peace, health, or safety, or support of the state gov- of salute powder. [2002 c 370 5; 1995 c 61 4; 1984 c 249 ernment and its existing public institutions, and shall take effect immediately 2; 1982 c 230 2.] [March 28, 1994]." [1994 c 133 18.] Severability-2002 c 370: See note following RCW 70.77.126. Severability— Effective date -1995 c 61: See notes following RCW 70.77.160 Definitions— "Public display of fire g 70.77.111. works." "Public display of fireworks" means an entertain- ment feature where the public is or could be admitted or 70.77.136 Definitions Consumer fireworks." allowed to view the display or discharge of display fireworks. "Consumer fireworks" means any small firework device [2002 c 370 9; 1997 c 182 1; 1982 c 230 6; 1961 c 228 designed to produce visible effects by combustion and which 9.] must comply with the construction, chemical composition, Severability -2002 c 370: See note following RCW 70.77.126. and labeling regulations of the United States consumer prod- Severability -1997 c 182: "If any provision of this act or its applica- uct safety commission, as set forth in 16 C.F.R. Parts 1500 tion to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not and 1507 and including some small devices designed to pro- affected." [1997 c 182 26.] duce audible effects, such as whistling devices, ground Effective date -1997 c 182: This act is necessary for the immediate devices containing 50 mg or less of explosive materials, and preservation of the public peace, health, or safety, or support of the state gov- aerial devices containing 130 mg or less of explosive materi- ernment and its existing public institutions, and takes effect immediately als and classified as fireworks UNO336 by the United States [April 23, 1997]." [1997 c 182 27.] department of transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and not including fused setpieces containing 70.77.165 Definitions "Fire nuisance." "Fire nui- components which together exceed 50 mg of salute powder. sance" means anything or any act which increases, or may [2002 c 370 6; 1995 c 61 5; 1984 c 249 3; 1982 c 230 cause an increase of, the hazard or menace of fire to a greater 3.] degree than customarily recognized as normal by persons in Severability-2002 c 370: See note following RCW 70.77.126. the public service of preventing, suppressing, or extinguish Severability— Effective date -1995 c 61: See notes following RCW ing fire; or which may obstruct, delay, or hinder, or may 70.77.111. become the cause of any obstruction, delay, or a hindrance to the prevention or extinguishment of fire. [1961 c 228 10.] 70.77.138 Definitions "Articles pyrotechnic." "Articles pyrotechnic" means pyrotechnic devices for profes- 70.77.170 Definitions "License." "License" means a sional use similar to consumer fireworks in chemical compo- nontransferable formal authorization which the chief of the sition and construction but not intended for consumer use Washington state patrol, through the director of fire protec- which meet the weight limits for consumer fireworks but tion, is authorized to issue under this chapter to allow a per which are not labeled as such and which are classified as son to engage in the act specifically designated therein. UN0431 or UN0432 by the United States depatttuent of [2002 c 370 10; 1995 c 369 44; 1986 c 266 99; 1982 c transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002. 230 7; 1961 c 228 11.] [2002 c 370 7.] Severability -2002 c 370: See note following RCW 70.77.126. Severability -2002 c 370: See note following RCW 70.77.126. Effective date -1995 c 369: See note following RCW 43.43.930. (2008 Ed.) [Title 70 RCW page 149] 70.77.175 Title 70 RCW: Public Health and Safety Severability-1986 c 266: See note following RCW 38.52.005. Severability -2002 c 370: See note following RCW 70.77.126. Severability— Effective date -1995 c 61: See notes following RCW 70.77.175 Definitions "Licensee." "Licensee" 70.77.111. means any person issued a fireworks license in conformance with this chapter. [2002 c 370 11; 1961 c 228 12.] 70.77.210 Definitions "Wholesaler." "Wholesaler" Severability-2002 c 370: See note following RCW 70.77.126. includes any person who sells fireworks to a retailer or any other person for resale and any person who sells display fire 70.77.177 Definitions "Local fire official." "Local works to public display licensees. [2002 c 370 15; 1982 c fire official" means the chief of a local fire department or a 230 9; 1961 c 228 19.] chief fire protection officer or such other person as may be Severability-2002 c 370: See note following RCW 70.77.126. designated by the governing body of a city or county to act as a local fire official under this chapter. [1994 c 133 3; 1984 c 249 6.] 70.77.215 Definitions "Retailer." "Retailer" includes any person who, at a fixed location or place of busi- Severability— Effective date -1994 c 133: See notes following RCW ness, offers for sale, sells or exchanges for consideration 70.77.146. consumer fireworks to a consumer or user. [2002 c 370 16; 70.77.180 Definitions "Permit." "Permit" means the 1982 c 230 10; 1961 c 228 20.] official authorization granted by a city or county for the pur- Severability -2002 c 370: See note following RCW 70.77.126. pose of establishing and maintaining a place within the juris- diction of the city or county where fireworks are manufac- 70.77.230 Definitions "Pyrotechnic operator." tured, constructed, produced, packaged, stored, sold, or "Pyrotechnic operator" includes any individual who by expe- exchanged and the official authorization granted by a city or rience and training has demonstrated the required skill and county for a public display of fireworks. [2002 c 370 12; ability for safely setting up and discharging display fire 1995 c 61 9; 1984 c 249 5; 1982 c 230 8; 1961 c 228 works. [2002 c 370 17; 1982 c 230 11; 1961 c 228 23.] 13.] Severability-2002 c 370: See note following RCW 70.77.126. Severability-2002 c 370: See note following RCW 70.77.126. Severability— Effective date--1995 c 61: See notes following RCW 70.77.236 Definitions "New fireworks item." (1) 70.77.111. "New fireworks item" means any fireworks initially classi- 70.77.182 Definitions— "Permittee." "Permittee" fied or reclassified as articles pyrotechnic, display fireworks, means any person issued a fireworks permit in conformance or consumer fireworks by the United States depailment of with this chapter. [2002 c 370 13.] transportation after June 13, 2002, and which comply with the construction, chemical composition, and Iabeling regula- Severability -2002 c 370: See note following RCW 70.77.126. tions of the United States consumer products safety commis- sion, 16 C.F.R., Parts 1500 and 1507. 70.77.190 Definitions "Person." "Person" includes (2) The chief of the Washington state patrol, through the any individual, firm, partnership, joint venture, association, director of fire protection, shall classify any new fireworks concern, corporation, estate, trust, business trust, receiver, item in the same manner as the item is classified by the syndicate, or any other group or combination acting as a unit. United States department of transportation and the United [1961 c 228 15.] States consumer product safety commission. The chief of the Washington state patrol, through the director of fire protec- 70.77.200 Definitions "Importer." "Importer" lion, may determine, stating reasonable grounds, that the item includes any person who for any purpose other than personal should not be so classified. [2002 c 370 18; 1997 c 182 4; use: 1995 c 61 6.] (1) Brings fireworks into this state or causes fireworks to Severability-2002 c 370: See note following RCW 70.77.126. be brought into this state; (2) Procures the delivery or receives shipments of any Severability— Effective date -1997 c 182: See notes following RCW 70.77.160. fireworks into this state; or (3) Buys or contracts to buy fireworks for shipment into Severability— Effective date -1995 c 61: See notes following RCW 70.77.111. this state. [1995 c 61 10; 1961 c 228 17.] Severability— Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.241 Definitions "Permanent storage" "Temporary storage." (1) "Permanent storage" means stor- 70.77.205 Definitions "Manufacturer." Ivianufac- age of display fireworks at any time and/or storage of con turer" includes any person who manufactures, con- gamer fireworks at any time other than the periods allowed structs, fabricates, or produces any fireworks article or device under RCW 70.77.420(2) and 70.77.425 and which shall be but does not include persons who assemble or fabricate sets compliance with the requirements of chapter 70.74 RCW. or mechanical pieces in public displays of fireworks or per- (2) "Temporary storage" means the storage of consumer sons who assemble consumer fireworks items or sets or pack- fireworks during the periods allowed under RCW ages containing consumer fireworks items. [2002 c 370 14; 70.77.420(2) and 70.77.425. [2002 c 370 34.] 1995 c 61 11; 1961 c 228 18.] Severability -2002 c 370: See note following RCW 70.77.126. (Title 70 RCW —page 1501 (2008 Ed.) State Fireworks Law 70.77.255 70.77.250 Chief of the Washington state patrol to (2) Within fourteen days after the notice is received, the enforce and administer— Powers and duties. (1) The chief person incurring the penalty may apply in writing to the chief of the Washington state patrol, through the director of fire of the Washington state patrol, through the director of fire protection, shall enforce and administer this chapter. protection, for the remission or mitigation of the penalty. (2) The chief of the Washington state patrol, through the Upon receipt of the application, the chief of the Washington director of fire protection, shall appoint such deputies and state patrol, through the director of fire protection, may remit employees as may be necessary and required to carry out the or mitigate the penalty upon whatever terms the chief of the provisions of this chapter. Washington state patrol, through the director of fire protec- (3) The chief of the Washington state patrol, through the tion, deems proper, giving consideration to the degree of haz- director of fire protection, shall adopt those rules relating to and associated with the violation. The chief of the Washing- fireworks as are necessary for the implementation of this ton state patrol, through the director of fire protection, may chapter. only grant a remission or mitigation that it deems to be in the (4) The chief of the Washington state patrol, through the best interests of carrying out the purposes of this chapter. The director of fire protection, shall adopt those rules as are nec- chief of the Washington state patrol, through the director of essary to ensure statewide minimum standards for the fire protection, may ascertain the facts regarding all such enforcement of this chapter. Counties and cities shall comply applications in a manner it deems proper. When an applica- with these state rules. Any ordinances adopted by a county or tion for remission or mitigation is made, any penalty incurred city that are more restrictive than state law shall have an under RCW 70.77.250(6) becomes due and payable twenty effective date no sooner than one year after their adoption. eight days after receipt of the notice setting forth the disposi- (5) The chief of the Washington state patrol, through the tion of the application, unless an application for an adjudica- director of fire protection, may exercise the necessary police tive proceeding to contest the disposition is filed as provided powers to enforce the criminal provisions of this chapter. in subsection (3) of this section. This grant of police powers does not prevent any other state (3) Within twenty-eight days after notice is received, the agency and city, county, or local government agency having person incurring the penalty may file an application for an general law enforcement powers from enforcing this chapter adjudicative proceeding and may pursue subsequent review within the jurisdiction of the agency and city, county, or local as provided in chapter 34.05 RCW and applicable rules of the government. chief of the Washington state patrol, through the director of (6) The chief of the Washington state patrol, through the fire protection. director of fire protection, shall adopt rules necessary to (4) Any penalty imposed by final order following an enforce the civil penalty provisions for the violations of this adjudicative proceeding becomes due and payable upon ser- chapter. A civil penalty under this subsection may not exceed vice of the final order. one thousand dollars per day for each violation and is subject (5) The attorney general may bring an action in the name to the procedural requirements under RCW 70.77.252. of the chief of the Washington state patrol, through the direc- (7) The chief of the Washington state patrol, through the tor of fire protection, in the superior court of Thurston county director of fire protection, may investigate or cause to be or of any county in which the violator may do business to col investigated all fires resulting, or suspected of resulting, from lect any penalty imposed under this chapter. the use of fireworks. [2002 c 370 19; 1997 c 182 5. Prior: (6) All penalties imposed under this section shall be paid 1995 c 369 45; 1995 c 61 12; 1986 c 266 100; 1984 c to the state treasury and credited to the fire services trust fund 249 7; 1982 c 230 12; 1961 c 228 27.] and used as follows: At least fifty percent is for a statewide Severability-2002 c 370: see note following RCW 70.77.126. public education campaign developed by the chief of the Washington state patrol, through the director of fire protec- Severability— Effective date -1997 c 182: See notes following RCW tion, and the licensed fireworks industry emphasizing the safe 70.77.160. and responsible use of legal fireworks; and the remainder is Effective date -1995 c 369: See note following RCW 43.43.930. for statewide efforts to enforce this chapter. [2002 c 370 Severability— Effective date -1995 c 61: See notes following RCW 20.] 70.77.111. Severability-1986 c 266: See note following RCW 38.52.005. Severability-2002 c 370: See note following RCW 70.77.126. 70.77.252 Civil penalty—Notice—Remission, mitiga- 70.77.255 Acts prohibited without appropriate tion, review. (1) The penalty provided for in RCW licenses and permits Minimum age for license or per 70.77.250(6) shall be imposed by a notice in writing to the mit— Activities permitted without license or permit. (1) person against whom the civil fine is assessed and shall Except as otherwise provided in this chapter, no person, with describe the violation with reasonable particularity. The out appropriate state licenses and city or county permits as notice shall be personally served in the manner of service of required by this chapter may: a summons in a civil action or in a manner which shows proof (a) Manufacture, import, possess, or sell any fireworks at of receipt. Any penalty imposed by RCW 70.77.250(6) shall wholesale or retail for any use; become due and payable twenty-eight days after receipt of (b) Make a public display of fireworks; notice unless application for remission or mitigation is made (c) Transport fireworks, except as a licensee or as a pub as provided in subsection (2) of this section or unless applica- lic carrier delivering to a licensee; or tion for an adjudicative proceeding is filed as provided in (d) Knowingly manufacture, import, transport, store, subsection (3) of this section. sell, or possess with intent to sell, as fireworks, explosives, as (2008 Ed.) [Title 70 RCW —page 1511 70.77.260 Title 70 RCW: Public Health and Safety defined under RCW 70.74.010, that are not fireworks, as porary storage of fireworks associated with the retail fire defined under this chapter. works stands. All cities and counties which allow retail fire (2) Except as authorized by a license and permit under works sales shall comply with these standards. subsection (1)(b) of this section or as provided in RCW (3) No retail fireworks permit may be issued to any 70.77.311, no person may discharge display fireworks at any applicant unless the retail fireworks stand is covered by a lia- place. bility insurance policy with coverage of not less than fifty (3) No person less than eighteen years of age may apply thousand dollars and five hundred thousand dollars for bodily for or receive a license or permit under this chapter. injury liability for each person and occurrence, respectively, (4) No license or permit is required for the possession or and not less than fifty thousand dollars for property damage use of consumer fireworks lawfully purchased at retail. liability for each occurrence, unless such insurance is not [2002 c 370 21; 1997 c 182 6; 1995 c 61 13; 1994 c 133 readily available from at least three approved insurance com- 4; 1984 c 249 10; 1982 c 230 14; 1961 c 228 28.] panies. If insurance in this amount is not offered, each fire Severability-2002 c 370: See note following RCW 70.77.126. works permit shall be covered by a liability insurance policy Severability— Effective date -1997 c 182: See notes following RCW in the maximum amount offered by at least three different 70.77.160. approved insurance companies. Severability— Effective date -1995 c 61: See notes following RCW No wholesaler may knowingly sell or supply fireworks 70.77.111. to any retail fireworks licensee unless the wholesaler deter Severability— Effective date -1994 c 133: See notes following RCW mines that the retail fireworks licensee is covered by liability 70.77.146. insurance in the same, or greater, amount as provided in this subsection. [2002 c 370 22; 1997 c 182 8; 1995 c 61 14; 70.77.260 Application for permit. (1) Any person 1994 c 133 6; 1984 c 249 13; 1961 c 228 31.] desiring to do any act mentioned in RCW 70.77.255(1) (a) or Severability -2002 c 370: See note following RCW 70.77.126. (c) shall apply in writing to a local fire official for a permit. Severability— Effective date -1997 c 182: See notes following RCW (2) Any person desiring to put on a public display of fire- 70.77.160. works under RCW 70.77.255(1)(b) shall apply in writing to a Severability— Effective date -1995 c 61: See notes following RCW local fire official for a permit. Application shall be made at 70.77.111. least ten days in advance of the proposed display. [1984 c Severability— Effective date -1994 c 133: See notes following RCW 249 11; 1982 c 230 15; 1961 c 228 29.] 70.77.146. General license holders to file license certificate with application for permit for public display offireworks: RCW 70.77.355. 70.77.280 Public display permit— Investigation— Governing body to grant Conditions. The local fire offi 70.77.265 Investigation, report on permit applica- cial receiving an application for a permit under RCW tion. The local fire official receiving an application for a per- 70.77.260(2) for a public display of fireworks shall investi- mit under RCW 70.77.260(1) shall investigate the application gate whether the character and location of the display as pro and submit a report of findings and a recommendation for or posed would be hazardous to property or dangerous to any against the issuance of the permit, together with reasons, to person. Based on the investigation, the official shall submit a the governing body of the city or county. [1994 c 133 5; report of findings and a recommendation for or against the 1984 c 249 12; 1961 c 228 30.] issuance of the permit, together with reasons, to the govern- Severability—Effective date -1994 c 133: See notes following RCW ing body of the city or county. The governing body shall 70.77.146. grant the application if it meets the requirements of this chap- ter and the ordinance of the city or county. [1995 c 61 15; 70.77.270 Governing body to grant permits State- 1994 c 133 7; 1984 c 249 14; 1961 c 228 33.] wide standards Liability insurance. (1) The governing Severability— Effective date -1995 c 61: See notes following RCW body of a city or county, or a designee, shall grant an applica- 70.77.111. tion for a permit under RCW 70.77.260(1) if the application Severability— Effective date -1994 c 133: See notes following RCW meets the standards under this chapter, and the applicable 70.77.146. ordinances of the city or county. The permit shall be granted by June 10, or no less than thirty days after receipt of an 70.77.285 Public display permit —Bond or insurance application whichever date occurs first, for sales commenc- for liability. Except as provided in RCW 70.77.355, the ing on June 28 and on December 27; or by December 10, or applicant for a permit under RCW 70.77.260(2) for a public no less than thirty days after receipt of an application which- display of fireworks shall include with the application evi- ever date occurs first, for sales commencing only on Decem- dence of a bond issued by an authorized surety company. The ber 27. bond shall be in the amount required by RCW 70.77.295 and (2) The chief of the Washington state patrol, through the shall be conditioned upon the applicant's payment of all dam director of fire protection, shall prescribe uniform, statewide ages to persons or property resulting from or caused by such standards for retail fireworks stands including, but not limited public display of fireworks, or any negligence on the part of to, the location of the stands, setback requirements and siting the applicant of its agents, servants, employees, or subcon- of the stands, types of buildings and construction material tractors in the presentation of the display. Instead of a bond, that may be used for the stands, use of the stands and areas the applicant may include a certificate of insurance evidenc- around the stands, cleanup of the area around the stands, ing the carrying of appropriate liability insurance in the transportation of fireworks to and from the stands, and tem- amount required by RCW 70.77.295 for the benefit of the (Title 70 RCW —page 1521 (2008 Ed.) State Fireworks Law 70.77.325 person named therein as assured, as evidence of ability to (c) It is of no greater quantity than necessary to control respond in damages. The local fire official receiving the the described problem; and application shall approve the bond or insurance if it meets the (d) It is limited to situations where other means of con requirements of this section. [1995 c 61 16; 1984 c 249 trol are unavailable or inadequate. 15; 1982 c 230 16; 1961 c 228 34.] (2) No license is required for religious organizations or Severability Effective date -1995 c 61: See notes following RCW private organisations or persons to purchase or use consumer 70.77.111. fireworks and such audible ground devices as firecrackers, salutes, and chasers if: (a) Purchased from a licensed manufacturer, importer, or 70.77.290 Public display permit Granted for exclu- wholesaler; sive purpose. If a permit under RCW 70.77.260(2) for the (b) For use on prescribed dates and locations; public display of fireworks is granted, the sale, possession (c) For religious or specific purposes; and and use of fireworks for the public display is lawful for that purpose only. [1997 c 182 9; 1984 c 249 16; 1961 c 228 (d) A permit is obtained from the local fire official. No fee may be charged for this permit. [2002 c 370 24; 1995 c ,5.] 61 17; 1984 c 249 19; 1982 c 230 19.] Severability— Effective date -1997 c 182: See notes following RCW Severability-2002 c 370: See note following RCW 70.77.126. 70.77.160. Severability— Effective date -1995 c 61: See notes following RCW 70.77.111. 70.77.295 Public display permit Amount of bond or insurance. In the case of an application for a permit under 70.77.315 Application for license. Any person who RCW 70.77.260(2) for the public display of fireworks, the desires to engage in the manufacture, importation, sale, or use amount of the surety bond or certificate of insurance required of fireworks, except use as provided in RCW 70.77.255(4), under RCW 70.77.285 shall be not less than fifty thousand 70.77.311, and 70.77.395, shall make a written application to dollars and one million dollars for bodily injury liability for the chief of the Washington state patrol, through the director each person and event, respectively, and not less than twenty- of fire protection, on forms provided by him or her. Such five thousand dollars for property damage liability for each application shall be accompanied by the annual license fee as event. [1984 c 249 17; 1982 c 230 17; 1961 c 228 36.] prescribed in this chapter. [2002 c 370 25; 1997 c 182 10. Prior: 1995 c 369 47; 1995 c 61 18; 1986 c 266 102; 1982 c 230 20; 1961 c 228 40.] 70.77.305 Chief of the Washington state patrol to Severability-2002 c 370: See note following RCW 70.77.126. issue licenses— Registration of in -state agents. The chief of the Washington state patrol, through the director of fire Severability— Effective date -1997 c 182: See notes following RCW protection, has the power to issue licenses for the manufac- 70.77.160. ture, importation, sale, and use of all fireworks in this state, Effective date -1995 c 369: See note following RCW 43.43.930. except as provided in RCW 70.77.311 and 70.77.395. A per Severability— Effective date -1995 c 61: See notes following RCW son may be licensed as a manufacturer, importer, or whole- 70.77.111. saler under this chapter only if the person has a designated Severability-1986 c 266: See note following RCW 38.52.005. agent in this state who is registered with the chief of the Washington state patrol, through the director of fire protec- 70.77.320 Application for license to be signed. The tion. [2002 c 370 23; 1995 c 369 46; 1986 c 266 101; application for a license shall be signed by the applicant. If 1984 c 249 18; 1982 c 230 18; 1961 c 228 38.] application is made by a partnership, it shall be signed by each partner of the partnership, and if application is made by Severability-2002 c 370: See note following RCW 70.77.126. a corporation, it shall be signed by an officer of the corpora Effective date -1995 c 369: See note following RCW 43.43.930. tion and bear the seal of the corporation. [1961 c 228 41.] Severability -1986 c 266: See note following RCW 38.52.005. 70.77.325 Annual application for a license Dates. (1) An application for a Iicense shall be made annually by 70.77.311 Exemptions from licensing—Purchase of every person holding an existing license who wishes to con certain agricultural and wildlife fireworks by govern- tinue the activity requiring the license during an additional ment agencies— Purchase of consumer fireworks by reli- year. The application shall be accompanied by the annual gious or private organizations. (1) No license is required license fees as prescribed in RCW 70.77.343 and 70.77.340. for the purchase of agricultural and wildlife fireworks by (2) A person applying for an annual license as a retailer government agencies if: under this chapter shall file an application no later than May (a) The agricultural and wildlife fireworks are used for 1 for annual sales commencing on June 28 and on December wildlife control or are distributed to farmers, ranchers, or 27, or no later than November 1 for sales commencing only growers through a wildlife management program adminis- on December 27. The chief of the Washington state patrol, tered by the United States department of the interior or an through the director of fire protection, shall grant or deny the equivalent state or local governmental agency; license within fifteen days of receipt of the application. (b) The distribution is in response to a written applica- (3) A person applying for an annual license as a manu- tion describing the wildlife management problem that facturer, importer, or wholesaler under this chapter shall file requires use of the devices; an application by January 31 of the current year. The chief of (2008 Ed.) [Title 70 RCW —page 153] 70.77.330 Title 70 RCW: Public Health and Safety the Washington state patrol, through the director of fire pro- Public display for display fireworks 40.00 tection, shall grant or deny the license within ninety days of Pyrotechnic operator for display receipt of the application. [1997 c 182 11; 1994 c 133 8; fireworks 5.00 1991 c 135 4; 1986 c 266 103; 1984 c 249 20; 1982 c 230 21; 1961 c 228 42.] (2) All receipts from the license fees in this section shall Severability— Effective date -1997 c 182: See notes following RCW be placed in the fire services trust fund and at least seventy- 70.77.160. five percent of these receipts shall be used to fund a statewide Severabili.ty— Effective date -1994 c 133: See notes following RCW public education campaign developed by the chief of the 70.77.146. Washington state patrol and the licensed fireworks industry Intent— Effective date—Severability-1991 c 135: See notes follow- emphasizing the safe and responsible use of legal fireworks ing RCW 43.43.946. and the remaining receipts shall be used to fund statewide Severability-1986 c 266: See note following RCW 38.52.005. enforcement efforts against the sale and use of fireworks that are illegal under this chapter. [2002 c 370 29; 1997 c 182 70.77.330 License to engage in particular act to be 12; 1995 c 61 19; 1991 c 135 6.] issued if not contrary to public safety or welfare— Trans- Severability-2002 c 370: See note following RCW 70.77.126. portation of fireworks authorized. If the chief of the Washington state patrol, through the director of fire protec- Severability— Effective date -1997 c 182: See notes following RCW tion, finds that the granting of such license is not contrary to 70.77.160. public safety or welfare, he or she shall issue a License autho- Severablity— Effective date -1995 c 61: See notes following RCW 70.77.111. rizing the applicant to engage in the particular act or acts upon the payment of the license fee specified in this chapter. Intent Effective date —Severability-1991 c 135: See notes follow Licensees may transport the class of fireworks for which they mg RCW 43.43.946. hold a valid license. [2002 c 370 26; 1995 c 369 48; 1986 c 266 104; 1982 c 230 22; 1961 c 228 43.] 70.77.345 Duration of licenses and retail fireworks Severability c 370: See note following RCW 70.77.126. sales permits. Every license and every retail fireworks sales Effective date -1995 c 369: See note following RCW 43.43.930. permit issued shall be for the period from January 1st of the Severability-1986 c 266: See note following RCW 38.52.005. year for which the application is made through January 31st of the subsequent year, or the remaining portion thereof. [1997 c 182 13; 1995 c 61 20; 1991 c 135 5; 1982 c 230 70.77.335 License authorizes activities of sellers, 25; 1961 c 228 46.] authorized representatives, employees. The authorization to engage in the particular act or acts conferred by a license to Severability— Effective date -1997 c 182: See notes following RCW 70.77.160. a person shall extend to sellers, authorized representatives, and other employees of such person. [2002 c 370 27; 1982 Severability— Effective date -1995 c 61: See notes following RCW c 230 23; 1961 c 228 44.] 70.77.111. Severability -2002 c 370: See note following RCW 70.77.126. Intent— Effective date Severability-1991 c 135: See notes follow- ing RCW 43.43.946. 70.77.340 Annual license fees. The original and annual license fee shall be as follows: 70.77.355 General license for public display— Surety bond or insurance Filing of license certificate with local Manufacturer 500.00 permit application. (1) Any adult person may secure a gen- Importer 100.00 eral license from the chief of the Washington state patrol, Wholesaler 1,000.00 through the director of fire protection, for the public display of fireworks within the state of Washington. A general Retailer (for each separate retail license is subject to the provisions of this chapter relative to outlet) 10.00 the securing of local permits for the public display of fire Public display for display fireworks 10.00 works in any city or county, except that in lieu of filing the Pyrotechnic operator for display bond or certificate of public liability insurance with the fireworks 5.00 appropriate local official under RCW 70.77.260 as required in RCW 70.77.285, the same bond or certificate shall be filed [2002 c 370 28; 1982 c 230 24; 1961 c 228 45.] with the chief of the Washington state patrol, through the Severability-2002 c 370: See note following RCW 70.77.126. director of fire protection. The bond or certificate of insur- ance for a general license in addition shall provide that: (a) 70.77.343 License fees Additional. (1) License fees, The insurer will not cancel the insured's coverage without in addition to the fees in RCW 70.77.340, shall be charged as fifteen days prior written notice to the chief of the Washing follows: ton state patrol, through the director of fire protection; (b) the duly licensed pyrotechnic operator required by law to super Manufacturer 1,500.00 vise and discharge the public display, acting either as an Importer 900.00 employee of the insured or as an independent contractor and Wholesaler 1,000.00 the state of Washington, its officers, agents, employees, and servants are included as additional insureds, but only insofar Retailer (for each separate outlet) 30.00 as any operations under contract are concerned; and (c) the (Title 70 RCW —page 154] (2008 Ed.) State Fireworks Law 70.77.395 state is not responsible for any premium or assessments on (1) The licensee has violated any provisions of this chap the policy. ter or any rule made by the chief of the Washington state (2) The chief of the Washington state patrol, through the patrol, through the director of fire protection, under and with director of fire protection, may issue such general licenses. the authority of this chapter; The holder of a general license shall file a certificate from the (2) The licensee has created or caused a fire nuisance; chief of the Washington state patrol, through the director of (3) Any licensee has failed or refused to file any required fire protection, evidencing the license with any application reports; or for a local permit for the public display of fireworks under (4) Any fact or condition exists which, if it had existed at RCW 70.77.260. [1997 c 182 14; 1994 c 133 9; 1986 c the time of the original application for such license, reason 266 105; 1984 c 249 21; 1982 c 230 26; 1961 c 228 ably would have warranted the chief of the Washington state 48.] patrol, through the director of fire protection, in refusing Severability— Effective date -1997 c 182: See notes following RCW originally to issue such license. [1997 c 182 16; 1995 c 369 70.77.60. 51; 1995 c 61 21; 1986 c 266 108; 1982 c 230 30; 1961 Severability— Effective date -1994 c 133: See notes following RCW c 228 52.] 70.77.146. Reviser's note: RCW 70.77.375 was amended twice during the 1995 Severability-1986 c 266: See note following RCW 38.52.005. legislative session, each without reference to the other. This section was sub- sequently amended by 1997 c 182 16, combining the text of the 1995 amendments, but not reenacting those sections. Any subsequent amendments 70.77.360 Denial of license for material misrepresen- to this section should include the 1997 and both 1995 histories in a reenact tation or if contrary to public safety or welfare. If the meat chief of the Washington state patrol, through the director of Severability— Effective date -1997 c 182: See notes following RCW 70.77.160. fire protection, finds that an application for any license under Effective date 1995 c 369: See note following RCW 43.43.930. this chapter contains a material misrepresentation or that the 77.111. 70. granting of any license would be contrary to the public safety Severability— Effective date -1995 c 61: See notes following RCW or welfare, the chief of the Washington state patrol, through Severability -1986 c 266: See note following RCW 38.52.005. the director of fire protection, may deny the application for the license. [1995 c 369 49; 1986 c 266 106; 1984 c 249 70.77.381 Wholesalers and retailers Liability 22; 1982 c 230 27; 1961 c 228 49.] insurance requirements. (1) Every wholesaler shall carry Effective date -1995 c 369: See note following RCW 43.43.930. liability insurance for each wholesale and retail fireworks Severability-1986 c 266: See note following RCW 38.52.005. outlet it operates in the amount of not less than fifty thousand dollars and five hundred thousand dollars for bodily injury 70.77.365 Denial of license for failure to meet qualifi- liability for each person and occurrence, respectively, and not cations or conditions. A written report by the chief of the less than fifty thousand dollars for property damage liability Washington state patrol, through the director of fire protec- for each occurrence, unless such insurance is not available tion, or a local fire official, or any of their authorized repre- from at least three approved insurance companies. If insur- sentatives, disclosing that the applicant for a license, or the ance in this amount is not offered, each wholesale and retail premises for which a license is to apply, do not meet the quaI- outlet shall be covered by a liability insurance policy in the ifications or conditions for a license constitutes grounds for maximum amount offered by at least three different approved the denial by the chief of the Washington state patrol, through insurance companies. the director of fire protection, of any application for a license. (2) No wholesaler may knowingly sell or supply fire- [1995 c 369 50; 1986 c 266 107; 1984 c 249 23; 1982 c works to any retail licensee unless the wholesaler determines 230 28; 1961 c 228 50.] that the retail licensee carries liability insurance in the same, Effective date -1995 c 369: See note following RCW 43.43.930. or greater, amount as provided in subsection (1) of this sec Severability-1986 c 266: See note following RCW 38.52.005. tion. [2002 c 370 30; 1995 c 61 27.] Severability -2002 c 370: See note following RCW 70.77.126. 70.77.370 Hearing on denial of license. Any applicant Severability— Effective date -1995 c 61: See notes following RCW 70.77.111. who has been denied a license for reasons other than making application after the date set forth in RCW 70.77.325 is enti- 70.77.386 Retailers— Purchase from licensed whole- tied to a hearing in accordance with the provisions of chapter salers. Retail fireworks licensees shall purchase all fire 34.05 RCW, the Administrative Procedure Act. [1994 c 133 works from wholesalers possessing a valid wholesale license 10; 1989 c 175 129; 1982 c 230 29; 1961 c 228 51.] issued by the state of Washington. [1995 c 61 28.] Severability— Effective date -1994 c 133: See notes following RCW Severability— Effective date -1995 c 61: See notes following RCW 70.77.146. 70.77.111. Effective date -1989 c 175: See note following RCW 34.05.010. 70.77.395 Dates and times consumer fireworks may 70.77.375 Revocation of license. The chief of the be sold or discharged —Local governments may limit, Washington state patrol, through the director of fire protec- prohibit sale or discharge of fireworks. (1) It is legal to sell tion, upon reasonable opportunity to be heard, may revoke and purchase consumer fireworks within this state from any license issued pursuant to this chapter, if he or she finds twelve o'clock noon to eleven o'clock p.m. on the twenty that: eighth of June, from nine o'clock a.m. to eleven o'clock p.m. (2008 Ed.) [Title 70 RCW —page 1551 70.77.401 Title 70 RCW: Public Health and Safety on each day from the twenty -ninth of June through the fourth 70.77.420 Permanent storage permit required of July, from nine o'clock a.m. to nine o'clock p.m. on the Application Investigation —Grant or denial— Condi- fifth of July, from twelve o'clock noon to eleven o'clock p.m. lions. (1) It is unlawful for any person to store permanently on each day from the twenty- seventh of December through fireworks of any class without a permit for such permanent the thirty-first of December of each year, and as provided in storage from the city or county in which the storage is to be RCW 70.77.311. made. A person proposing to store permanently fireworks (2) Consumer fireworks may be used or discharged each shall apply in writing to a city or county at least ten days prior day between the hours of twelve o'clock noon and eleven to the date of the proposed permanent storage. The city or o'clock p.m. on the twenty- eighth of June and between the county receiving the application for a permanent storage per hours of nine o'clock a.m. and eleven o'clock p.m. on the mit shall investigate whether the character and location of the twenty -ninth of June to the third of July, and on July 4th permanent storage as proposed meets the requirements of the between the hours of nine o'clock a.m. and twelve o'clock zoning, building, and fire codes or constitutes a hazard to midnight, and between the hours of nine o'clock a.m. and property or is dangerous to any person. Based on the investi- eleven o'clock p.m. on July 5th, and from six o'clock p.m. on gation, the city or county may grant or deny the application. December 31st until one o'clock a.m. on January 1st of the The city or county may place reasonable conditions on any subsequent year, and as provided in RCW 70.77.311. permit granted. (3) A city or county may enact an ordinance within sixty (2) For the purposes of this section the temporary storing days of June 13, 2002, to limit or prohibit the sale, purchase, or keeping of consumer fireworks when in conjunction with a possession, or use of consumer fireworks on December 27, valid retail sales license and permit shall comply with RCW 2002, through December 31, 2002, and thereafter as provided 70.77.425 and the standards adopted under RCW in RCW 70.77.250(4). [2002 c 370 31; 1995 c 61 22; 70.77.270(2) and not this section. [2002 c 370 35; 1997 c 1984 c 249 24; 1982 c 230 31; 1961 c 228 561 182 18; 1984 c 249 26; 1982 c 230 34; 1961 c 228 61.] Severability-2002 c 370: See note following RCW 70.77.126. Severability-2002 c 370: See note following RCW 70.77.126. Severability— Effective date -1995 c 61: See notes following RCW Severability— Effective date -1997 c 182: See notes following RCW 70.77.111. 70.77.160. 70.77.401 Sale of certain fireworks prohibited. No 70.77.425 Approved permanent storage facilities fireworks may be sold or offered for sale to the public as con- required. It is unlawful for any person to store permanently sumer fireworks which are classified as sky rockets, or mis- stocks of fireworks remaining unsold after the lawful period sile -type rockets, firecrackers, salutes, or chasers as defined of sale as provided in the person's permit except in such by the United States department of transportation and the fed- places of permanent storage as the city or county issuing the eral consumer products safety commission except as pro- permit approves. Unsold stocks of consumer fireworks vided in RCW 70.77.311. [2002 c 370 32 1995 c 61 7.] remaining after the authorized retail sales period from nine o'clock a.m. on June 28th to twelve o'clock noon on July 5th Severability-2002 c 370: See note following RCW 70.77.126. shall be retumed on or before July 31st of the same year, or Severability— Effective date -1995 c 61: See notes following RCW remaining after the authorized retail sales period from twelve 70.77.111. o'clock noon on December 27th to eleven o'clock p.m. on December 31st shall be returned on or before January 10th of 70.77.405 Authorized sales of toy caps, tricks, and the subsequent year, to the approved permanent storage facil- novelties. Toy paper caps containing not more than twenty- ities of a licensed fireworks wholesaler or to a magazine or five hundredths grain of explosive compound for each cap permanent storage place approved by a local fire official. and trick or novelty devices not classified as consumer fire- [2002 c 370 36; 1984 c 249 27; 1982 c 230 35; 1961 c works may be sold at all times unless prohibited by local 228 62.] ordinance. [2002 c 370 33; 1982 c 230 32; 1961 c 228 Severability-2002 c 370: See note following RCW 70.77.126. 58.] Severability-2002 c 370: See note following RCW 70.77.126. 70.77.430 Sale of stock after revocation or expiration of license. Notwithstanding RCW 70.77.255, following the 70.77.410 Public displays not to be hazardous. All revocation or expiration of a license, a licensee in lawful pos- public displays of fireworks shall be of such a character and session of a lawfully acquired stock of fireworks may sell so located, discharged, or fired as not to be hazardous or dan- such fireworks, but only under supervision of the chief of the gerous to persons or property. [1961 c 228 59.] Washington state patrol, through the director of fire protec- tion. Any sale under this section shall be solely to persons 70.77.415 Supervision of public displays. Every pub- who are authorized to buy, possess, sell, or use such fire lic display of fireworks shall be handled or supervised by a works. [1995 c 369 53; 1986 c 266 110; 1984 c 249 28; pyrotechnic operator licensed by the chief of the Washington 1982 c 230 36; 1961 c 228 63.] state patrol, through the director of fire protection, under Effective date -1995 c 369: See note following RCW 43.43.930. RCW 70.77.255. [1995 c 369 52; 1986 c 266 109; 1984 Severability -1986 c 266: See note following RCW 38.52.005. c 249 25; 1982 c 230 33; 1961 c 228 60.] Effective date -1995 c 369: See note following RCW 43.43.930. 70.77.435 Seizure of fireworks. Any fireworks which Severability-1986 a 266: See note following RCW 38.52.005. are illegally sold, offered for sale, used, discharged, pos- [Title 70 RCW—page 156] (2008 Ed.) State Fireworks Law 70.77.450 sensed, or transported in violation of the provisions of this nation by the administrative law judge or court that the claim chapter or the rules or regulations of the chief of the Wash- ant is lawfully entitled to possession of the fireworks. ington state patrol, through the director of fire protection, are (4) When fireworks are forfeited under this chapter the subject to seizure by the chief of the Washington state patrol, chief of the Washington state patrol, through the director of through the director of fire protection, or his or her deputy, or fire protection or the agency conducting the seizure, may: by state agencies or local governments having general law (a) Dispose of the fireworks by summary destruction at enforcement authority. [2002 c 370 37; 1997 c 182 20; any time subsequent to thirty days from such seizure or ten 1995 c 61 23; 1994 c 133 11; 1986 c 266 111; 1982 c days from the final termination of proceedings under this sec 230 37; 1961 c 228 64.] tion, whichever is later; or Severability-2002 c 370: See note following RCW 70.77.126. (b) Sell the forfeited fireworks and chemicals used to Severability— Effective date -1997 c 182: See notes following RCW make fireworks, that are legal for use and possession under 70.77.160. this chapter, to wholesalers or manufacturers, authorized to Severability Effective date -1995 c 61: See notes following RCW possess and use such fireworks or chemicals under a license 70.77.111. issued by the chief of the Washington state patrol, through Severability— Effective date -1994 c 133: See notes following RCW th e director of fire protection. Sale shall be by public auction 70.77.146. p y p Severability-1986 c 266: See note following RCW 38.52.005. after publishing a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in 70.77.440 Seizure of fireworks— Proceedings for for- which the auction is to be held, at least three days before the feiture— Disposal of confiscated fireworks. (1) In the date of the auction. The proceeds of the sale of the seized fire event of seizure under RCW 70.77.435, proceedings for for works under this section may be retained by the agency con- ducting the seizure and used to offset the costs of seizure feiture shall be deemed commenced by the seizure. The chief and/or storage costs of the seized fireworks. The remaining of the Washington state patrol or a designee, through the proceeds, if any, shall be deposited in the fire services trust director of fire protection or the agency conducting the sei- fund and shall be used as follows: At least fifty percent is for zure, under whose authority the seizure was made shall cause a statewide public education campaign developed by the notice to be served within fifteen days following the seizure chief of the Washington state patrol, through the director of on the owner of the fireworks seized and the person in charge fire protection, and the licensed fireworks industry emphasiz- thereof and any person having any known right or interest the safe and responsible use of le al fireworks; and the therein, of the seizure and intended forfeiture of the seized g p g property. The notice may be served by any method autho- remainder is for statewide efforts to enforce this chapter. rized by law or court rule including but not limited to service [2002 c 370 38; 1997 c 182 21; 1995 c 61 24; 1994 c 133 by certified mail with return receipt requested. Service by 12; 1986 c 266 112; 1984 c 249 29; 1961 c 228 65.] mail shall be deemed complete upon mailing within the fif- Severability -2002 c 370: See note following RCW 70.77.126. teen -day period following the seizure. Severability— Effective date -1997 c 182: See notes following RCW (2) If no person notifies the chief of the Washington state 70.77.160. patrol, through the director of fire protection or the agency Severability— Effective date -1995 c 61: See notes following RCW conducting the seizure, in writing of the person's claim of 70.77.111. lawful ownership or right to lawful possession of seized fire- Severability— Effective date -1994 c 133: See notes following RCW works within thirty days of the seizure, the seized fireworks 70.77.146. shall be deemed forfeited. Severability-1986 c 266: See note following RCW 38.52.005. (3) If any person notifies the chief of the Washington state patrol, through the director of fire protection or the agency conducting the seizure, in writing of the person's 70.77.450 Examination, inspection of books and pre claim of lawful ownership or possession of the fireworks mines. The chief of the Washington state patrol, through the within thirty days of the seizure, the person or persons shall director of fire protection, may make an examination of the be afforded a reasonable opportunity to be heard as to the books and records of any licensee, or other person relative to claim or right. The hearing shall be before an administrative fireworks, and may visit and inspect the premises of any lic- law judge appointed under chapter 34.12 RCW, except that ensee he may deem at any time necessary for the purpose of any person asserting a claim or right may remove the matter enforcing the provisions of this chapter. The licensee, owner, to a court of competent jurisdiction if the aggregate value of lessee, manager, or operator of any such building or premises the seized fireworks is more than five hundred dollars. The shall permit the chief of the Washington state patrol, through hearing before an administrative law judge and any appeal the director of fire protection, his or her deputies or salaried therefrom shall be under Title 34 RCW. In a court hearing assistants, the local fire official, and their authorized repre- between two or more claimants to the article or articles sentatives to enter and inspect the premises at the time and for involved, the prevailing party shall be entitled to a judgment the purpose stated in this section. [1997 c 182 22; 1994 c for costs and reasonable attorneys' fees. The burden of pro- 133 13; 1986 c 266 113; 1961 c 228 67.] ducing evidence shall be upon the person claiming to have Severability— Effective date -1997 c 182: See notes following RCW the lawful right to possession of the seized fireworks. The 70.77.160. chief of the Washington state patrol, through the director of Severability— Effective date -1994 c 133: See notes following RCW fire protection or the agency conducting the seizure, shall 70.77.146. promptly return the fireworks to the claimant upon a determi- Severability-1986 c 266: See note following RCW 38.52.005. (2008 Ed.) [Title 70 RCW —page 157] 70.77.455 Title 70 RCW: Public Health and Safety 70.77.455 Licensees to maintain and make available 70.77.495 Forestry permit to set off fireworks in for complete records Exemption from public records act. est, brush, fallow, etc. It is unlawful for any person to set off (1) All licensees shall maintain and make available to the fireworks of any kind in forest, fallows, grass or brush cov- chief of the Washington state patrol, through the director of ered land, either on his own land or the property of another, fire protection, full and complete records showing all produc- between April 15th and December 1st of any year, unless it is tion, imports, exports, purchases, and sales of fireworks items done under a written permit from the Washington state by class. department of natural resources or its duly authorized agent, (2) All records obtained and all reports produced, as and in strict accordance with the terms of the permit and any required by this chapter, are not subject to disclosure through other applicable law. [2002 c 370 39; 1988 c 128 11; the public records act under chapter 42.56 RCW. [2005 c 274 1961 c 228 76.] 337; 1997 c 182 23. Prior: 1995 c 369 54; 1995 c 61 Severability -2002 c 370: See note following RCW 70.77.126. 25; 1986 c 266 114; 1982 c 230 38; 1961 c 228 68.] Part headings not law— Effective date -2005 c 274: See RCW 70.77.510 Unlawful sales or transfers of display fire 42.56.901 and 42.56.902. Severability— Effective date -1997 c 182: See notes following RCW Forks— Penalty. It is unlawful for any person knowingly to 70.77.160. sell, transfer, or agree to sell or transfer any display fireworks Effective date -1995 c 369: See note following RCW 43.43.930. to any person who is not a fireworks licensee as provided for Severability— Effective date -1995 c 61: See notes following RCW by this chapter. A violation of this section is a gross misde- 70.77.111. meanor. [2002 c 370 40; 1984 c 249 31; 1982 c 230 40; Severability-1986 c 266: See note following RCW 38.52.005. 1961 c 228 79.] Severability-2002 c 370: See note following RCW 70.77.126. 70.77.460 Reports, payments deemed made when filed or paid or date mailed. When reports on fireworks 70.77.515 Unlawful sales or transfers of consumer transactions or the payments of license fees or penalties are fireworks— Penalty. (1) It is unlawful for any person to required to be made on or by specified dates, they shall be offer for sale, sell, or exchange for consideration, any con deemed to have been made at the time they are filed with or sumer fireworks to a consumer or user other than at a fixed paid to the chief of the Washington state patrol, through the place of business of a retailer for which a license and permit director of fire protection, or, if sent by mail, on the date have been issued. shown by the United States postmark 011 the envelope con- (2) No licensee may sell any fireworks to any person taining the report or payment. [1995 c 369 55; 1986 c 266 under the age of sixteen. 115; 1961 c 228 69.] (3) A violation of this section is a gross misdemeanor. Effective date -1995 c 369: See note following RCW 43.43.930. [2002 c 370 41; 1984 c 249 32; 1982 c 230 41; 1961 c Severability-1986 c 266: See note following RCW 38.52.005. 228 80.] Severability-2002 c 370: See note following RCW 70.77.126. 70.77.480 Prohibited transfers of fireworks. The transfer of fireworks ownership whether by sale at wholesale or retail, by gift or other means of conveyance of title, or by 70.77.517 Unlawful transportation of fireworks delivery of any fireworks to any person in the state who does Penalty. It is unlawful for any person, except in the course of not possess and present to the carrier for inspection at the continuous interstate transportation through any state, to time of delivery a valid license, where such license is transport fireworks from this state into any other state, or required to purchase, possess, transport, or use fireworks, is deliver them for transportation into any other state, or attempt prohibited. [1982 c 230 39; 1961 c 228 73.] so to do, knowing that such fireworks are to be delivered, possessed, stored, transshipped, distributed, sold, or other 70.77.485 Unlawful possession of fireworks— Penal- wise dealt with in a manner or for a use prohibited by the laws ties. It is unlawful to possess any class or kind of fireworks of such other state specifically prohibiting or regulating the in violation of this chapter. A violation of this section is: use of fireworks. A violation of this section is a gross misde- (1) A misdemeanor if involving less than one pound of meanor. fireworks, exclusive of external packaging; or This section does not apply to a common or contract car (2) A gross misdemeanor if involving one pound or more rier or to international or domestic water carriers engaged in of fireworks, exclusive of external packaging. interstate commerce or to the transportation of fireworks into For the purposes of this section, "external packaging" a state for the use of United States agencies in the carrying means any materials that are not an integral part of the oper- out or the furtherance of their operations. alive unit of fireworks. [1984 c 249 30; 1961 c 228 74.] In the enforcement of this section, the definitions of fire- works contained in the laws of the respective states shall be 70.77.488 Unlawful discharge or use of fireworks— applied. Penalty. It is unlawful for any person to discharge or use As used in this section, the term "state" includes the sev- fireworks in a reckless manner which creates a substantial eral states, territories, and possessions of the United States, risk of death or serious physical injury to another person or and the District of Columbia. [2002 c 370 42; 1984 c 249 damage to the property of another. A violation of this section 341 is a gross misdemeanor. [1984 c 249 37.] Severability-2002 c 370: See note following RCW 70.77.126. [Title 70 RCW —page 158] (2008 Ed.) State Fireworks Law 70.77.580 70.77.520 Unlawful to permit fire nuisance where the chief of the Washington state patrol, through the director fireworks kept Penalty. It is unlawful for any person to of fire protection. [2002 c 370 48.] allow any combustibles to accumulate in any premises in Severability -2002 c 370: See note following RCW 70.77.126. which fireworks are stored or sold or to permit a fire nuisance to exist in such a premises. A violation of this section is a 70.77.549 Civil penalty— Costs. In addition to crimi- misdemeanor. [2002 c 370 43; 1984 c 249 33; 1961 c 228 nal penalties, a person who violates this chapter is also liable 81.] for a civil penalty and for the costs incurred with enforcing Severability-2002 c 370: See note following RCW 70.77.126. this chapter and bringing the civil action, including court costs and reasonable investigative and attorneys' fees. [2002 70.77.525 Manufacture or sale of fireworks for out- c 370 49.] of -state shipment. This chapter does not prohibit any man- Severability-2002 c 370: See note following RCW 70.77.126. ufacturer, wholesaler, dealer, or jobber, having a license and a permit secured under the provisions of this chapter, from 70.77.550 Short title. This chapter shall be known and manufacturing or selling any kind of fireworks for direct may be cited as the state fireworks law. [1961 c 228 87.] shipment out of this state. [1982 c 230 42; 1961 c 228 82.] 70.77.555 Local permit and license fees Limits. (1) A city or county may provide by ordinance for a fee in an 70.77.530 Nonprohibited acts Signal purposes, for- amount sufficient to cover all legitimate costs for all needed est protection. This chapter does not prohibit the use of tor- permits, licenses, and authorizations from application to and pedoes, flares, or fusees by motor vehicles, railroads, or other through processing, issuance, and inspection, but in no case transportation agencies for signal purposes or illumination or to exceed a total of one hundred dollars for any one retail for use in forest protection activities. [1961 c 228 83.] sales permit for any one selling season in a year, whether June 28th through July 5th or December 27th through 70.77.535 Articles pyrotechnic, special effects for December 31st, or a total of two hundred dollars for both sell entertainment media. The assembling, compounding, use, ing seasons. and display of articles pyrotechnic or special effects in the (2) A city or county may provide by ordinance for a fee production of motion pictures, radio or television produc- in an amount sufficient to cover all legitimate costs for all tions, or live entertainment shall be under the direction and display permits, licenses, and authorizations from application control of a pyrotechnic operator licensed by the state of to and through processing, issuance, and inspection, not to Washington and who possesses a valid permit from the city exceed actual costs and in no case more than a total of five or county. [2002 c 370 44; 1994 c 133 14; 1984 c 249 thousand dollars for any one display permit. [2002 c 370 35; 1982 c 230 43; 1961 c 228 84.] 45; 1995 c 61 26; 1982 c 230 44; 1961 c 228 88.] Severability-2002 c 370: See note following RCW 70.77.126. Severability-2002 c 370: See note following RCW 70.77.126. Severability— Effective date -1994 c 133: See notes following RCW Severability— Effective date -1995 c 61: See notes following RCW 70.77.146. 70.77.111. 70.77.540 Penalty. Except as otherwise provided in this 70.77.575 Chief of the Washington state patrol to chapter, any person violating any of the provisions of this provide list of consumer fireworks that may be sold to the chapter or any rules issued thereunder is guilty of a misde- public. (1) The chief of the Washington state patrol, through meanor. [1984 c 249 36; 1961 c 228 85.] the director of fire protection, shall adopt by rule a list of the consumer fireworks that may be sold to the public in this state 70.77.545 Violation a separate, continuing offense. A pursuant to this chapter. The chief of the Washington state person is guilty of a separate offense for each day during patrol, through the director of fire protection, shall file the list which he commits, continues, or permits a violation of any by October 1st of each year with the code reviser for publica- provision of, or any order, rule, or regulation made pursuant tion, unless the previously published list has remained cur to this chapter. [1961 c 228 86.] rent. (2) The chief of the Washington state patrol, through the director of fire protection, shall provide the list adopted under 70.77.547 Civil enforcement not precluded. The inclusion in this chapter of criminal penalties does not pre- subsection (1) of this section by November 1st of each year to clude enforcement of this chapter through civil means. [1994 all manufacturers, wholesalers, and importers licensed under c 133 15.] this chapter, unless the previously distributed list has Severability— Effective date -1994 e 133: See notes following RCW remained current. [2002 c 370 46; 1995 c 369 57; 1986 c 70.77.146. 266 117; 1984 c 249 8.] Severability-2002 c 370: See note following RCW 70.77.126. 70.77.548 Attorney general may institute civil pro- Effective date -1995 c 369: See note following RCW 43.43.930. ceedings— Venue. Civil proceedings to enforce this chapter Severability -1986 c 266: See note following RCW 38.52.005. may be brought in the superior court of Thurston county or the county in which the violation occurred by the attorney 70.77.580 Retailers to post list of consumer fire general or the attorney of the city or county in which the vio- works. Retailers required to be licensed under this chapter lation occurred on his or her own motion or at the request of shall post prominently at each retail location a list of the con (2008 Ed.) [Title 70 RCW —page 159] 70.77.900 Title 70 RCW: Public Health and Safety sumer fireworks that may be sold to the public in this state pursuant to this chapter. The posted list shall be in a form approved by the chief of the Washington state patrol, through the director of fire protection. The chief of the Washington state patrol, through the director of fire protection, shall make the list available. [2002 c 370 47; 1995 c 369 58; 1986 c 266 118; 1984 c 249 9.] Severability-2002 c 370: See note following RCW 70.77.126. Effective date -1995 c 369: See note following RCW 43.43.930. Severability-1986 c 266: See note following RCW 38.52.005. 70.77.900 Effective date -1961 c 228. This act shall take effect on January 1, 1962. [1961 c 228 90.] 70.77.910 Severability-1961 c 228. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. [1961 c 228 91.] 70.77.911 Severability-1982 c 230. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1982 c 230 45.] 70.77.912 Severability -1984 c 249. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 249 41.] �11LA 4 _M, 4 City of Tukwila J .gig a, Finance and Safety Committee 90• FINANCE AND SAFETY COMMITTEE Meeting Minutes June 2, 2009, 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Pam Linder, Chair; Verna Griffin (sitting in for Joe Duffle) and De' Sean Quinn Staff: Shawn Hunstock, Jim Morrow, Nick Olivas, Don Tomaso, Mary Miotke, and Kimberly Matej CALL TO ORDER: Chair Linder called the meeting to order at 5:01 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Bid Award for Repair of Fire Truck Staff is seeking Council approval to award a bid in the amount of $31,922.75 to Geo Heiser Body Co. Inc. for repair work needed on Fire Truck #1355. The damage was caused by a drunk driver who failed to yield to emergency lights on May 3, while the truck was stopped at an incident response. Another bid was received for the repair work; however, Heiser is the preferred bidder due to locality and the quality of past City repair work. All repairs will be reimbursed through insurance. UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. B. Fireworks Permit: Annual 4 of July Celebration Staff is seeking full Council approval of a Fireworks Permit Application submitted by Mr. Tom Whitacre for the fireworks display at the City's annual 4 of July celebration at Fort Dent. Mr. Whitacre has provided the fireworks display for the past several years without incident. The Fire Department will add two additional fire watch personnel to this year's event to ensure any fireworks debris that falls on the Sounder FC practice fields at the north end of the complex is dealt with promptly. UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. C. Sales Tax Report: March 2009 Shawn Hunstock reviewed the March Sales Tax Report, noting that receipts are down 24.4% compared to budget estimates and 21.7% compared to the same time period last year (both are YTD). Council reviewed these actual receipts for the entire first quarter at the Budget Workshop on May 28. Shawn commented that between the current 3% reduction and CIP delays, the City should recognize a $3.5 million in savings. INFORMATION ONLY. D. 2009 1' Ouarter Reports The Committee reviewed the status of program goals as outlined in the 2009 1s` Quarter Report, and there were no clarifying questions. INFORMATION ONLY. M. MISCELLANEOUS As a resulting discussion from Item A above, Committee members requested that staff work on drafting proposed policies regarding raising the approval funding limits that go to Council as well as defining processes for emergency procurements and declarations. Administration is aware of the need for updating the appropriate policies and it is currently on the work schedule. Meeting adjourned at 5:37 p.m. Next meeting: Tuesday, June 16, 2009 5:00 p.m. Conference Room #3 P S L Committee Chair Approval Minutes by KAM. COUNCIL AGENDA SYNOPSIS oo ILA�, 1 q�, Initials ITEM NO. 1 Meeting Date 1 Prepared by 1 Mayor's review Council re i w, a 06/08/09 -et.C� D.�7,� i 06/15/09 J I LI. c, i 290= 1 1 1 1 ITEM INFORMATION CAS NUMBER: 09-078 I ORIGINAL, AGENDA DA1L: JUNE 8, 2009 AGENDA ITEM TITLE Interurban Ave S Waterline Project Approval of Budget for Construction Change Order Nos. 2 3 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 06/08/09 Mtg Date 06/15/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PeR Police PIV SPONSOR'S This project replaced the water line in Interurban Ave South. During construction, an SUMMARY unforeseen 8" waterline connection near Gateway Dr was discovered and an existing water main that was thought to be 8 inches was actually 12 inches. Both of these circumstances required substantially more effort and materials to complete the connections to the new water main. The repairs were over the 10% contingency of $33,899.00 and require Council approval of Change Order Nos. 2 3 for $30,714.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA IE: 05/27/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COILMLUIhE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $30,714.00 $400,000.00 $0.00 Fund Source: 401.02 WATER FUND (PG. 79, 2008 CIP) Comments: MTG. DATE I> RECORD OF COUNCIL ACTION 06/08/09 06/15/09 MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandum dated 05/14/09 Change Order Nos. 2 3 with Gary Merlino Construction Minutes from the Utilities Committee meeting of 05/27/09 06/15/09 JA tLA h 4 ei sy City of Tukwila a —4 Jim Haggerton, Mayor 4 190= INFORMATIONAL MEMO RANDUM r TO: Mayor Haggerton UTILITIES COMMITTEE FROM: Public Works Directodrn DATE: May 14, 2009 SUBJECT: Interurban Ave S Waterline Project Project No. 04 -WT02, Construction Contract No. 08 -093 Change Order Nos. 2 3 ISSUE Approve Change Order Nos. 2 3 for the Interurban Ave S Waterline Project. BACKGROUND Gary Merlino Construction Company, Inc. was awarded the construction contract for the Interurban Ave S Waterline Project for $311,000.00 plus sales tax with a 10% contingency of $33,899.00. Due to the discovery of an unforeseen 8" waterline connection near the north end of the project, Change Order No. 1 was issued for $13,800.00. DISCUSSION After issuance of Change Order No. 1, additional items were required for the unforeseen 8" waterline. Another existing water main to be connected was previously thought to be 8 inches but was actually 12 inches. Both of these circumstances required substantially more effort and materials to complete the connections to the new water main. Project staff and construction management consultants, Anchor QAE, reviewed the stated change order requests and negotiated the proposed fees stated in Change Order Nos. 2 and 3 for $30,714.00 ($16,390.21 $14,323.79). These costs were determined to be reasonable payment for the additional work. The cost increase from these change orders is over the authorized 10% construction contingency of $33,899.00 and require Council approval. RECOMMENDATION The Council is being asked to approve and forward Change Order Nos. 2 and 3 with Gary Merlino Construction Company Inc., for the Interurban Ave S Waterline Project in the amount of $30,714.00 for consideration at the June 8, 2009 Committee of the Whole meeting and subsequent June 15, 2009 Regular Meeting. attachments: Change Order No. 2 Change Order No. 3 W \PW Eng'PROJECTS\A- WT Projects \04WT02 IU Waterline \Construction PhaselGary Merlino Construdion \Change Orders 2 5 4 -23-09 \Info memo CO 2 3 5 -14-09 F,nel_doc CITY OF TUKWILA 1� �t+ CONTRACT CHANGE ORDER NO. 2 to, isoa DATE: 4 -27 -09 BUDGET NO.: 401.02.594.343.63.36 PROJECT NO.: 04 -WTO2 CONTRACT NO.: 08 -093 PROJECT NAME: Interurban Ave. S. Waterline Construction TO: Gary Merlino Construction Company, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; and B. The rights of the "Owner" are not prejudiced; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. CHANGE: Additional Connections. Due to an the discovery of the unforeseen 8" waterline connection near the north end of the project as addressed in Change Order No.1, additional work items beyond the CO No. 1 costs ($13,800) occurred. The related work included the addition of a 12" gate valve along with restraints needed to isolate the two systems for future maintenance purposes between the 8 inch point of connection and the 12 inch point of connection to the south. Also included was work needed to provide additional site restoration in parking and landscaped areas. When the work was performed, City staff and Anchor (CM consultant) documented and confirmed the required additional work. The Contractor submitted a cost proposal and the actual amount was negotiated to $16,390.21. This cost was determined to be reasonable payment for the additional work. We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if, this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. This change represents a fair, equitable and complete compensation. ACCEPTED: Date 6/ `t Contractor s M 9 i i J Co i By 6/ Title Pc-?-0:):. ,it Original Contract (without tax) $311,000.00 APPROVED BY THE CITY OF TUKWILA Previous Change Order (1) 13,800.00 This Change Order (without tax) 16.390.21 By Mayor REV. CONTRACT AMOUNT $341,190.21 Date Additional Calendar Days due to this change: 14 to 125 days ORIGINAL: City Clerk (1 of 2) cc: Finance Department (w /encumbrance) Contractor (2 of 2) Construction Inspector file: p: \forms\ Construction Engineer o CITY OF TUKWILA ��k, CONTRACT CHANGE ORDER NO. 3 Y3 i o u rsos DATE: 4 -27 -09 BUDGET NO.: 401.02.694.343.63.36 PROJECT NO.: 04 -WTO2 CONTRACT NO.: 08 -093 PROJECT NAME: Interurban Ave. S. Waterline Construction TO: Gary Merlino Construction Company, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; and B. The rights of the "Owner" are not prejudiced; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. CHANGE: During the course of construction it was anticipated that an existing water line from the east was 8 inches in diameter as shown on City As -Built Plans and determine through the field review of existing water valves approximately 200 feet east of the point of connection. The contractor installed the new 12° line with an 8" tee fitting to make the re- connection. After the new lines with the 8' tee were installed, the contractor dug down approximately 12 feet to intercept the existing 8' line. When they reached it, it was actually a 12' line. This discovery required the need to remove the previously attached 12° x 8" tee and 8' valve, and replace these with a 12" x 12' tee and a 12° valve. Staff also added a 12' gate valve on the north leg of the new line to provide isolation of this portion of the system when needed in the future. This added valve would isolate a smaller part of the local system thus resulting in lesser degree of service disruption and fire protection concerns to local customers should the need for a temporary shutdown occur. When the work was performed, City staff and Anchor (CM consultant) documented and confirmed the required additional work. The Contractor submitted a cost proposal and the actual amount was negotiated to $14,323.79. This cost was determined to be reasonable payment for the additional work. We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. This change represents a fair, equitable and complete compensation. ACCEPTED: Date 6 1 1 :-Vol Contractor y T. (0 By v Title Original Contract (without tax) $311,000.00 APPROVED BY THE CITY OF TUKWILA Previous Change Orders 30,190.21 This Change Order (without tax) 14.323.79 By Mayor REV. CONTRACT AMOUNT $355,514.00 Date Additional Calendar Days due to this change: 14 to 139 days ORIGINAL: City Clerk (1 of 2) cc: Finance Department (w /encumbrance) Contractor (2 of 2) Construction Inspector file: p:lforms1 Construction Engineer r ,1 `sy City of Tukwila Utilities Committee 9oa UTILITIES COMMITTEE Meeting Minutes May 27, 2009 5:00p.m. Conference Room #1 **Wednesday, due to holiday PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie (sitting in for Pam Linder), and Dennis Robertson Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Pat Brodin, Peter Lau, Ryan Larson, Mike Cusick, Mike Mathia, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. Interurban Avenue South Waterline Proiect Gary Merlino Change Order Nos. 2 3 In 2008, Council approved a bid award for replacement of the Interurban Avenue South Water Line. This project replaces an aging cast iron water line which has been consistently problematic (see Utilities Committee Minutes dated 08/18/08, 10/20/08). The waterline runs along Interurban Avenue South from 42 Avenue South to 48 Avenue South. Staff is seeking full Council approval for Change Orders Nos. 2 and 3 to Construction Contract No. 08- 093 with Gary Merlino Construction Company in the amount of $30,714 ($16,390.21 and $14,323.79 respectively), for replacement of the Interurban Avenue South Water Line. This project replaces an aging cast iron water line which has been consistently problematic. These changes orders are a result of unknown waterlines and connection requirements including a change in waterline size. Council approval is required because the project change orders now total more than the Council authorized 10% construction contingency (project is still within budget). UNANNIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. B. Interurban Avenue South Waterline Proiect Anchor OEA CM Supplement No. 7 Staff is seeking full Council approval for Supplemental Agreement No. 7 (to Consultant Agreement No. 06 -049) with Anchor QEA, LLC (formerly known as Anchor Environmental, LLC) in the amount of $21,206 for additional construction management services needed as a result of the change orders as discussed in Item A above. UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. C. Standby Power Upgrades Year One Ebenal General Change Order No. 5 In 2008, Council approved a bid award to Ebenal General, Inc. for standby power upgrades at the following locations: City Hall and Fire Stations 52, 53 and 54 (see Utilities Committee Minutes dated 08/04/08). The Standby Power Upgrades for the Fire Station locations have been completed. However, the original installation location and subsequent locations for the City Hall generator were determined to be cost prohibitive, and another location needed to be identified. As a result of the identification of a feasible installation area, staff is seeking full Council approval of Change Order No. 5 to Contract No. 08 -086 with Ebenal General in the amount of $50,565.03 and 76 calendar days for the Standby Power Upgrade at City Hall. Council approval is required because the project change orders now total more than the Council authorized 10% construction contingency (project is still within budget). UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. COUNCIL AGENDA SYNOPSIS ILA {i ITEMNO. ,y C 14 4.. 1 ILA Date Prepared by 11Ia }'or's review Council review 06/08/09 I 7M 4,g�,. I I 06/15/09 I JM LA-. Wi 90 I ITEM- INFORMATION CAS NUMBER: 09-079 I ORIGINAL AGENDA DATE: JUNE 8, 2009 AGENDA ITEM TITLE Interurban Ave 5 Waterline Project Approval of Budget for Construction Management Supplement No. 7 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 06/08/09 Mtg Date 06/15/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S This project replaced the water line in Interurban Ave South. During construction, an SUNLVARY unforeseen 8" waterline connection near Gateway Dr was discovered and an existing water main that was thought to be 8 inches was actually 12 inches. Both of these circumstances required substantially more construction as well as construction management services. Council's approval is requested for Anchor QEA's Supplement No. 7 for $21,206.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'E: 05/27/09 RECOMMENDATIONS: SPONSOR /ADAM. Public Works COM II rrEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $21,206.00 $60,000.00 $0.00 Fund Source: 401.02 WATER FUND (PG. 79, 2008 CIP) Comments. MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 06/15/09 MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandum dated 05/19/09 Supplemental Agreement No. 7 with Anchor QEA Minutes from the Utilities Committee meeting of 05/27/09 06/15/09 �s City of Tukwila Jim Haggerton, Mayor l i l fl al 1905 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton i UTILITIES COMMITTEE From: Public Works Director Date: May 19, 2009 Subject: Interurban Ave South Waterline Project Project No. 04 -WT02, Consultant Agreement 06 -049 Supplemental Agreement No. 7 for Construction Management Services ISSUE Approve Supplemental Agreement No. 7 to Consultant Agreement Number 06 -049. BACKGROUND Base contract No. 06 -049 with Anchor Environmental, LLC (now known as Anchor QEA, LLC) included on -call construction management (CM) services in support of any City- funded construction projects. On September 3, 2008, City Council approved the Interurban Ave S Waterline construction contract with Gary Merlino Construction Company, Inc. For additional CM and inspection support, Supplemental Agreement No. 6 in the amount of $53,978.00 was approved with Anchor QEA, LLC. DISCUSSION During the course of construction, the discoveries of existing system conditions that were not known at the time of design were encountered. Included was the discovery of a previously unknown 8" waterline, a waterline thought to be 8" was actually 12 additional efforts needed to connect existing water services and the encounter of a previously unknown connection requirement found at the north end of the project. Anchor QEA, LLC supplied additional support services to complete the construction project, as well as assisted staff to analyze and negotiate the construction change orders for a substantial savings to the City estimated at $70,000.00. Anchor QEA LLC's fee of $21,206.00 under Supplement No. 7 for additional construction management services has been determined to be reasonable. RECOMMENDATION The Council is being asked to approve and forward Supplemental Agreement No. 7 with Anchor QEA, LLC for the Interurban Ave S Waterline Project for consideration at the June 8, 2009 Committee of the Whole meeting and subsequent June 15, 2009 Regular Meeting. Attachment: Supplemental Art No. 7 of Consultant Agreement No. 06 -049 W \PW Ena\PROJECTS\A -WT Projects \04WT02 IU Waterline \Cons`uvchon Phase\Anchor Environmental CM\tnfo Memo Sup 57 Anchor 5 -19-09 Final -doc SUPPLEMENTAL AGREEMENT NUMBER SEVEN TO CONSULTANT AGREEMENT NUMBER 06 -049 THIS SUPPLEMENTAL AGREEMENT SEVEN is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and Anchor QEA, LLC (formerly Anchor Environmental L.L.C. Inc.) hereinafter referred to as "the Consultant in consideration of the mutual benefits, tenius, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, April 17, 2006 and identified as Agreement No. 06 -049 and previously amended by supplements, the most recent being Supplement No. 6 dated November 7, 2008. All provisions in the basic agreement and the previous supplements remain in effect except as expressly modified by this Supplement No. 7. This supplement is an extension of services previously authorized under Supplement No. 6. The changes to the agreement as described as follows: 1. Scope of Services, is not changed but extended to continue the general scope of services and the specific scope of services as outlined in Exhibit A -6. 2. Payment, shall be amended as follows: See attached Exhibit B -7. Payment for the work provided by the Consultant as part of this supplement shall be made as outlined in the agreement and the total amount of payment to the Consultant for the work presented in this Supplement No. 7 shall not exceed $21,206.00 without express written modification of the Agreement signed by the City. This supplement is for extra work required beyond the limits of the previously authorized Supplement No. 6. 3. Time for Performance, shall be amended as follows: Supplement Six had an estimated duration of 90 calendar days. This amendment extends the estimated duration to 120 calendar days. DATED this day of 2009. CITY OF TUKWILA CONSULTANT ejj"By: ,tom Steven M. Mullet, Mayor Printed Name: Ed Berschinski Title: Partner Exhibit B -7 Summary of Costs City of Tukwila City Supplement Seven Interurban Ave. Water Main Replacement Staff Type Rate Hours Total Office Senior Project Manager $63.10 25 1,578 Project Assistant $20.48 3 61 Total Hours 28 Total Labor (DSC) 1,639 Office OH 171.86% x DSC 2,817 Subtotal Office Labor 4,456 Fee 15% of Office Labor subtotal 668 Total Office Labor 5,124 Field Senior Inspector $38.71 150 5,807 Field OH 140% 8,130 Subtotal Field Labor $13,937 Fee 15% of Field Labor subtotal 2,091 Total Field Labor 16,028 Total Labor 21,152 Total Expenses 54 Total Project $21,206 rQ 4 -7 `s' C o f Tulzw [QI Utilities Committee \in UTILITIES COMMITTEE Meeting Minutes May 27, 2009 5:00 p.m. Conference Room #1 **Wednesday, due to holiday PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffle (sitting in for Pam Linder), and Dennis Robertson Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Pat Brodin, Peter Lau, Ryan Larson, Mike Cusick, Mike Mathia, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5 :00 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. Interurban Avenue South Waterline Proiect Gary Merlino Change Order Nos. 2 3 In 2008, Council approved a bid award for replacement of the Interurban Avenue South Water Line. This project replaces an aging cast iron water line which has been consistently problematic (see Utilities Committee Minutes dated 08/18/08, 10/20/08). The waterline runs along Interurban Avenue South from 42 Avenue South to 48 Avenue South. Staff is seeking full Council approval for Change Orders Nos. 2 and 3 to Construction Contract No. 08- 093 with Gary Merlino Construction Company in the amount of $30,714 ($16,390.21 and $14,323.79 respectively), for replacement of the Interurban Avenue South Water Line. This project replaces an aging cast iron water line which has been consistently problematic. These changes orders are a result of unknown waterlines and connection requirements including a change in waterline size. Council approval is required because the project change orders now total more than the Council authorized 10% construction contingency (project is still within budget). UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. B. Interurban Avenue South Waterline Proiect Anchor OEA CM Supplement No. 7 I Staff is seeking full Council approval for Supplemental Agreement No. 7 (to Consultant Agreement No. 06 -049) with Anchor QEA, LLC (formerly known as Anchor Environmental, LLC) in the amount of $21,206 for additional construction management services needed as a result of the change orders as discussed in Item A above. UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. C. Standby Power Upgrades Year One Ebenal General Chance Order No. 5 In 2008, Council approved a bid award to Ebenal General, Inc. for standby power upgrades at the following locations: City Hall and Fire Stations 52, 53 and 54 (see Utilities Committee Minutes dated 08/04/08). The Standby Power Upgrades for the Fire Station locations have been completed. However, the original installation location and subsequent locations for the City Hall generator were determined to be cost prohibitive, and another location needed to be identified. As a result of the identification of a feasible installation area, staff is seeking full Council approval of Change Order No. 5 to Contract No. 08 -086 with Ebenal General in the amount of $50,565.03 and 76 calendar days for the Standby Power Upgrade at City Hall. Council approval is required because the project change orders now total more than the Council authorized 10% construction contingency (project is still within budget). UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. CO UNCI.L AGENDA SYNOPSIS ,�J'� \'4 C }nitiatr ITEMNO. O t Meeting Date Prepared by I Mayor's review Council retjeur 1 06/08/09 JM .44-6- Cz-i. 11 1 06/15/09 1 3M ci 1 i 1 E. 190: 1 ITEM INFORMATION CAS NUMBER: 09-80 ORIGLNAL AGENDA DATE: JUNE 8, 2009 AGENDA ITEM TITLE Standby Power Upgrades Year One Approval of Budget and Change Order No. 5 for $50,565.03 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 06/08/09 Mtg Date 06/15/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date ISPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police P11" SPONSOR'S This project installed standby generators at City Hall and Fire Station 52, 53, and 54. The SUMMARY three fire station generators have been successfully installed and tested. The City Hall location was found to be located in a stream buffer and needed to be relocated into the Police parking lot. The new site costs with other minor change orders total over the 10% contingency of $52,300.00. Council approval is needed for Change Order No. 5 in the amount of $50,565.03. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/27/09 RECOMMENDATIONS: SPONSOR /ADM. Public Works CON fII rEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $50,565.03 $764,000.00 $0.00 Fund Source: 303 FACILITIES Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 06/15/09 MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandum dated 05/14/09 Change Order No. 5 with Ebenal General, Inc. Minutes from the Utilities Committee meeting of 05/27/09 06/15/09 o y City of Tukwila a GSZI o Jim Haggerton, Mayor tft Igo- INFORMATIONAL MEMORANDUM To: Mayor Haggerton Utilities Committee From: Public Works Director Date: May 14, 2009 Subject: Standby Power Upgrades —Year One Project No. 06 -BG01, Contract 08 -086 Change Order No. 5 ISSUE Approve Change Order No. 5 to Contract Number 08 -086. BACKGROUND Ebenal General, Inc. was awarded the construction contract for the Standby Power Upgrades Year One Project and Notice to Proceed was issued October 6, 2008. This contract was for four standby generators to be installed at City Hall and Fire Stations 52, 53 and 54 for $480,000 plus sales tax with a 10% contingency of $52,300. The Fire Stations generators have been installed and tested with four change orders totaling $14,742 (without tax). Upon closer analysis of the proposed City Hall generator location on the west side of City Hall, it was discovered that the site was within a stream buffer and would require a significant amount of mitigation. ANALYSIS It was determined that a new City Hall site, not located near the stream, was needed. Several new sites were evaluated and design plans were revised with a location on the sloped lawn area in front of City Hall, however, the costs associated with that site were extremely prohibitive. A final site was chosen in the furthest west parking stall of the lower City Hall parking lot (near the lunchroom deck). This is the closest feasible location to the existing electrical facilities. After negotiations with Ebenal General, Change Order No. 5 will add $50,565.03 and 76 calendar days to the original contract. The new contract total will be $545,307.03 (without sales tax). The cost increase for all change orders is over the authorized 10% construction contingency of $52,300 and Change Order No. 5 will require Council approval. RECOMMENDATION The Council is being asked to approve Change Order No. 5 for the Standby Power Upgrades Year One Project with Ebenal General, Inc., in the amount of $50,565.03 for consideration at the June 8, 2009 Committee of the Whole meeting and subsequent June 15, 2009 Regular Meeting. Attachment: Change Order No. 5 W IPN Erg1PROJECTS}A- 8G Prolects\06BG01 Stand Power UcgradelConstruction \Ebena9lnfo Memo CO 95 CH 5-14 -09 Final.doc o CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 5 DATE: 5 -14 -09 BUDGET NO: 303.00.594.190.62.35 City Hall PROJECT NO: 06 BG01 CONTRACT NO: 08 086 PROJECT NAME: Standby Power Upgrades Year One Construction TO: Ebenal General, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. CHANGE: The proposed work in Change Order No. 5 initially resulted from the discovery of the proposed generator site location at the west side of was within a stream buffer. This location would create a sizeable amount of mitigation if built in this location. A new site was needed to be determined. New sites were evaluated and design plans were revised with a location in the sloped lawn area in front of City Hall. The costs associated with this location were becoming prohibitive. Finally a site was chosen in the furthest westerly stall of the lower parking lot. This is the nearest feasible location in regard to the location of the existing electrical facilities being connected. We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. This change represents a fair, equitable and complete compensation. ACCEPTED: Contractor: Ebenal General, Inc. By Title I AAA,/c ,qtr Original Contract (without tax) 480,000.00 APPROVED BY THE CITY OF TUKWILA Previous Change Order 14742.00 Date This Change Order (without tax) 50,565.03 By REV. CONTRACT AMOUNT $545,307.03 Mayor Additional Calendar Days due to this change: 76 for a revised total of 243 days ORIGINAL: City Clerk (1 of 2) cc: Finance Department (w /encumbrance) Contractor (2 of 2) Construction Inspector Construction Engineer file: p:lformsl C:lDocuments and Settings\Don.EGC\Local Settings\Temporary Internet Files\ Content- Outlook'KLX6JY70\Ebenal CO #5 CH 4 -09 -09 draftl doc City of Tukwila Utilities Committee \I90� UTILITIES COMMITTEE Meeting Minutes May 27, 2009 5:00 p.m. Conference Room #1 *Wedfiesday, due to holiday PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie (sitting in for Pam Linder), and Dennis Robertson Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Pat Brodin, Peter Lau, Ryan Larson, Mike Cusick, Mike Mathia, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. Interurban Avenue South Waterline Proiect Gary Merlino Chance Order Nos. 2 3 In 2008, Council approved a bid award for replacement of the Interurban Avenue South Water Line. This project replaces an aging cast iron water line which has been consistently problematic (see Utilities Committee Minutes dated 08/18/08, 10/20/08). The waterline runs along Interurban Avenue South from 42n Avenue South to 48 Avenue South. Staff is seeking full Council approval for Change Orders Nos. 2 and 3 to Construction Contract No. 08- 093 with Gary Merlino Construction Company in the amount of $30,714 ($16,390.21 and $14,323.79 respectively), for replacement of the Interurban Avenue South Water Line. This project replaces an aging cast iron water line which has been consistently problematic. These changes orders are a result of unknown waterlines and connection requirements including a change in waterline size. Council approval is required because the project change orders now total more than the Council authorized 10% construction contingency (project is still within budget). UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. B. Interurban Avenue South Waterline Proiect Anchor OEA CM Supplement No. 7 Staff is seeking full Council approval for Supplemental Agreement No. 7 (to Consultant Agreement No. 06 -049) with Anchor QEA, LLC (formerly known as Anchor Environmental, LLC) in the amount of $21,206 for additional construction management services needed as a result of the change orders as discussed in Bern A above. UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. C. Standby Power Unerades Year One Ebenal General Change Order No. 5 In 2008, Council approved a bid award to Ebenal General, Inc. for standby power upgrades at the following locations: City Hall and Fire Stations 52, 53 and 54 (see Utilities Committee Minutes dated 08/04/08). The Standby Power Upgrades for the Fire Station locations have been completed. However, the original installation location and subsequent locations for the City Hall generator were determined to be cost prohibitive, and another location needed to be identified. As a result of the identification of a feasible installation area, staff is seeking full Council approval of Change Order No. 5 to Contract No. 08 -086 with Ebenal General in the amount of $50,565.03 and 76 calendar days for the Standby Power Upgrade at City Hall. Council approval is required because the project change orders now total more than the Council authorized 10% construction contingency (project is still within budget). UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. COUNCIL AGENDA SYNOPSIS c 1LA i Initials ITEM NO. :4 S. 1 Meeting Date 1 Prepared by 1 Mayor's review 1 Council review f 9 1 06/08/09 1 JM, A4 1 (L /y r 9OB 1 06/15/09 I JM 1 4 U I 1 1 1 1 I L i R- ITEM INFORMATION CAS NUMBER: 09-081 I ORIGINAL AGENDA DATE: JUNE 8, 2009 AGENDA Bid Award for 2009 Small Drainage Program CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 06/08/09 Mtg Date Mtg Date Mtg Date Mtg Date 06/15/09 Mtg Date Mtg Date SPONSOR Council Mayor El Adm Svcs DCD Finance Fire Legal P&R Police PIYI SPONSOR'S The Small Drainage Program was advertised for bids on May 7 and 14, 2009 for four base SUMMARY bid items and two additive items. The lowest bidder is determined by the base bid amount. Five bids were received and opened on May 22, 2009. The low base bid of $486,351.50 was from Green River Construction. Green River Construction also submitted a proposal of $84,835.00 for the two additive items. Green River Construction has successfully worked for the City in the past and Council is requested to award the base bid and two additives. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/27/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole C OST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $571,186.50 $800,000.00 $0.00 Fund Source: 412.02 SURFACE WATER (PG. 146 147, 2009 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 I 06/15/09 I MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandum dated 05/22/09 Vicinity map Bid Tabulation CIP Sheets Pages 146 147, 2009 CIP Minutes from the Utilities Committee meeting of 05/27/09 06/15/09 -i .t f i t of Tukwila 3 plc.. f ��'T`.7 4 9 Jim Haggerton, Mayor f_=9Q INFORMATIONAL MEMORANDUM TO: Mayor Haggerton UTILITIES COMMITTEE FROM: Public Works Director o-___. DATE: May 22, 2009 SUBJECT: 2009 Small Drainage Program Project No. 09 -DR01 BID AWARD ISSUE Award the bid for construction of the 2009 Small Drainage Program. BACKGROUND This project will provide drainage improvements at six locations listed on Page 2 of this memo. The project was advertised for bids on May 7 and 14, 2009 for four base bid items and two additive items. The specific basis of award which determines the lowest bidder is the base bid amount for the four base projects. Five bids were received and opened on May 22, 2009. The bids were checked, corrected, and tabulated. Green River Construction is the low bidder with a base bid of $486,351.50. The engineer's base bid estimate was $675,225. ANALYSIS The bids were reviewed and tabulated. One error was found and corrected in the base bids. Green River Construction has successfully worked for the City on past projects. Since favorable bids were received, the two additive items can be awarded and constructed within budget. BUDGET AND BID SUMMARY (All amounts include sales tax.) Bid Results Estimate Budget Construction (Base Bid) $486,351.50 $675,225.00 Additive Items 1,2 84.835.00 122.205.00 Subtotal $571,186.50 $797,430.00 SDP (2009,2010) Construction Budget (pg 146) $600,000.00 Private Storm Budget (pg 147) 200,000.00 Contingency (15 85.677.98 119.614.50 0.00 Total $656.864.48 $917.044.50 $800.000 -00 *Includes construction funds from the Private Storm System Adoption Program for project No. 4 RECOMMENDATION The Council is being asked to award the construction of the 2009 Small Drainage Program including two Additive Alternates to Green River Construction in the amount of $571,186.50 for consideration at the June 8, 2009 Committee of the Whole meeting and subsequent June 15, 2009 Regular Meeting. Attachments: Project Location Map Bid Tabulations CIP Sheets Annual Small Drainage Program and Private Storm System Adoption W 1PW E.- rg'PROJECTS■A- DR Projeast0S -DRO i (2009 SDP)1Into Memo Bid Award 2009 SOP dad INFORMATIONAL MEMO Page 2 The 2009 Small Drainaae Program includes: Site 1) South 146 Street Site 2) South 133 Street Site 2A) South 131 Place (Additive Item No. 1) Site 3) West Marginal Place Site 4) 33 Avenue South to 34 Avenue South (Private Storm System Adoption Project) Site 5) South 143` Street Outfall (Additive Item No. 2) 2009 Small Drainaae Program Bid Results Base Bide Schedule A $486,351.50 Additive Item No. 1 $80,835.00 Additive Item No. 2 4,000.00 Total $486.351.50 $84.835.00 $571.186.50 WW1 Eng1PROJECTSV+- DR Pr*otsle9 -DROI (2009 SDP)inio Memo Bid Award 2009 SCP.doc 2009 Annual Neighborhood Drainage Program Map 11.11, Li IT LL -11.6rz I f yr rfig 1.." 5 6' yip J 1r F ig T6 '64 gig:2: g Lk I I 11- LU Eim 71-, CITY OF TUKWILA CAPITAL. PROJECT SUMMARY 2009 to 2014 PROJECT: Annual Small Drainage Program LINE ITEM: 412.02.594.38 .09 PROJECT NO. Varies DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing /ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Annual program is taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. COMMENT: Ongoing project, only one year actuals shown in first column. Construction expenses may occur over two calendar years. FINANCIAL Through Estimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Design 114 60 60 60 60 60 60 80 80 634 Land (R/W) 0 Const. Mgmt. 8 40 40 40 40 40 40 50 50 348 Construction 657 300 300 300 300 300 300 370 370 3,197 TOTAL EXPENSES 779 400 400 400 400 400 400 500 500 4,179 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 779 400 400 400 400 400 400 500 500 4,179 TOTAL SOURCES 779 400 400 400 400 400 400 500 500 4,179 Project Location: _°°1 Entire System JO' G L 1 ra r 't a I ri 1 I I 1 r AD 1 GIS 2009 2014 Capital Improvement Program 146 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 PROJECT: Private Storm System Adoption and Rehabilitation Program LINE ITEM: 412.02.594.38. .30 PROJECT NO. 06 -DRO3 DESCRIPTION: Adopt and repair existing piped private systems throughout the City that convey public stormwater. JUSTIFICATION: Numerous private drainage systems exist that connect to the City's system. Failure of these private systems may lead to flooding and property loss that would be the City's responsibility. STATUS: Maintenance has surveyed existing private systems and developed a list of 25 sites that need to be adopted and repaired. Some of these storm drain pipes are located under structures. MAINT. IMPACT: Additional storm systems will require additional maintenance, however the City will have a more reliable system and rerouting the existing sites will improve maintenance access. COMMENT: In 2007, coordinated 3 projects with the Small Drainage Program. Over the next two years, these projects will also be combined with the Small Drainage Program. FINANCIAL Through Estimated (in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL EXPENSES Design 38 30 155 223 Land (R/W) 0 Const. Mgmt. 45 25 70 Construction 200 275 475 TOTAL EXPENSES 38 30 400 300 0 0 0 0 0 768 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 38 30 400 300 0 0 0 0 0 768 TOTAL SOURCES 38 30 400 300 0 0 0 0 0 768 Project Location: ,J Entire System I r_j ED i r f ..0-- go 2009 2014 Capital Improvement Program 147 Utilities Committee Minutes Mav 27, 2009 Pace 2 D. 2009 Small Drainage Program Bid Award Staff is seeking full Council approval to award a bid in the amount of $571,186.50 to Green River Construction for the 2009 Small Drainage Program including two Additive Alternates. This annual program constructs drainage projects throughout the City that are too large for completion by City staff but smaller than the average capital improvement project. This year the Small Drainage Program will construct four base bid and two additive items for a total of six project locations. Each year, projects considered for this program are reprioritized based on such things as need, expense, time on the list, etc. Highest priority projects are designed and constructed within annual budget limitations. The City has worked successfully with Green River Construction on past project. Committee Chair Hougardy inquired to the project contingency amount of 15% based on other projects which are usually 10 Staff stated that there is no set contingency; the percentage is often determined by project complexity and the current bidding climate. Although this is an annual program, staff is utilizing a portion of the 2010 budget to increase the outreach of this year's program. Funding is still available in the budget for projects in 2010. UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:32 p.m. Next meeting: Tuesday, June 9, 2009 5:00 p.m. Conf. Room No. 1. l Committee Chair Approval Mi;•rde; rf:; Reviewed by GL. COUNCIL AGENDA SYNOPSIS IT E1Vl NO. J�- q britiatr Meeting Date Prepared by I Mayor's review Council review 06/08/09 1 /ah 1 L3N`✓ 1 06/15/09 JM I C ,p\ 1 1 1 190 1 1 1 1 ITEM INFORMATION CAS NUMBER: 09-082 I ORIGINAL AGENDA DATE: JUNE 8, 2009 AGENDA IIEMTITLE Bid Award for Repair of Fire Truck #1355 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 06/08/09 Mtg Date Mtg Date Mtg Date Mtg Date 06/15/09 Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal El P&R Police PIV SPONSOR'S During an emergency response on I -5, a drunk driver failed to heed warnings and collided SUMMARY with Fire Truck #1355. The pump panel on the fire truck will need to be rebuilt and the compartment just behind it will need to be cut out and replaced by a newly fabricated unit. Two bids were received from Heiser at $31,922.75 and Meridian Hughes Fire at $29,874.64. Heiser has a history of quality work and with their proximity, we will be able to closely monitor the work. Council is requested to accept bid of $31,922.75 from Heiser. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA I'E: 06/02/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMII Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $31,922.75 $0.00 $0.00 Fund Source: 501 EQUIPMENT RENTAL (FLEET) WITH INSURANCE TO COVER THE COST OF THE DAMAGE. Comments: MTG. DATE I RECORD OF COUNCIL ACTION 06/08/09 1 I I 06/15/09 1 I I MTG. DATE I ATTACHMENTS 06/08/09 1 Informational Memorandum dated 05/27/09 Picture of damage to Fire Truck #1355 Email from WCIA Insurance Adjuster Heiser and Meridian Hughes Repair Quotes I Minutes from the Finance and Safety Committee meeting of 06/02/09 06/15/09 1 L A t o ,,,I...$1!: Qsy. City of Tukwila a Jim Haggerton, Mayor 190: INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance Safety Committee FROM: Public Works Directo DATE: May 27, 2009 SUBJECT: Repair of Fire Truck #1355 Bid Award ISSUE Fire Truck #1355 (pumper unit) needs immediate repair work in order to return it to service. BACKGROUND During an EMS response on 1 -5, the fire department had positioned the fire truck according to safety procedures. Cones were placed, strobe lights were on, and all appropriate measures were used to warn oncoming traffic. A drunk driver failed to heed the warnings and hit fire truck #1355. The vehicle collided from the rear wheel trim through the pump panel area toward the cab of the fire truck. The greatest damage occurred to the pump panel that will need to be rebuilt and the compartment just behind it will be need to be cut out and replaced by a newly fabricated unit. DISCUSSION Bids for the repair were received from Heiser and Meridian Hughes Fire. The bid came in from Heiser at $31,922.75 and Meridian was $29,874.64. Heiser is the preferred shop and is capable and qualified to do the work needed. Heiser is also a local business at South 112 and Tukwila International Boulevard and Meridian is located in Puyallup. Heiser's history of quality work for the city's fleet and the fact that they are close by makes it more efficient to monitor their work. Using Heiser will also minimize the time needed to get the truck back into service. The WCIA adjuster has reviewed the bids and his recommendation to the city is that the work be performed locally through Heiser. The 501 fleet fund will be used and insurance will cover the cost of the damage. RECOMMENDATION The Council is being asked to award the repair of Fire truck #1355 to Heiser Body Co. Inc, in the amount of $31,922.75 for consideration at the June 8, 2009 Committee of the Whole meeting and subsequent June 15, 2009 Regular Meeting. attachments: Picture of damage Email from WCIA adjuster Heiser and Meridian Hughes Quotes W:\PW Eng \OTHER \Gail Labanarallnfo Memo Fire Truck 1355 Repair.doc Damage to Fire Truck #1355 Photo Page 1 of 2 Tanya Taylor RE: City of Tukwila Unit #1355 From: "Reed Hardesty" To: "Shelley O'Keefe" Date: 05/22/2009 8:52 AM Subject: RE: City of Tukwila Unit #1355 CC: "Jeff Morton" "Paul Freeman" "Tanya Taylor" Shelley: Thanks for the estimates and your help. Heiser is approved. Do you want me to pay the City (minus the deductible) or do you want me to pay the shop and the City will pay its deductible to the shop after the repairs are completed? Once the repairs are completed I'll attempt collection from the at fault driver. Reed Hardesty Sr. Adjuster WCIA 206 -575 -6046 This message is intended for the sole use of the addressee, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any infoiiiiation contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete this message. From: Shelley O'Keefe mailto :sokeefe ©ci.tukwila.wa.us] Sent: Friday, May 22, 2009 8:44 AM To: Reed Hardesty Cc: Jeff Morton; Paul Freeman; Tanya Taylor Subject: City of Tukwila Unit #1355 Reed: I'm attaching the two estimates we obtained for repair of our Pumper, Unit #1355. As we discussed on the phone, we would like to have the repairs done at Heiser, since they are here in town. This will confirm your verbal OK to begin repairs at Heiser. Thanks, Reed! Shelley O'Keefe r P a TRUCK BODIES. R EPAIR 3, FAINT_ YJ Geo. Heiser Body Co,, Inc. 11210 Tukwila International Blvd. Seattle, WA 98168-1945 (206) 622 -7985 Fax (206) 622 -7135 Company: C. ,0-r— P an Y I k fl Date:. 7 Address: Bid by: Phone: Description: S,°A r 5 aoa b� X a 3 a P.O. Comments: /t /o' O tz CF w -7 A -r -4_0 QS7 C 0? S s Truck 9 2 rra. a ek Lic.# I hrs. f parts subtotal 1 PC0b4 FFt Cca- C 3 `G /.0 3 C, FAY' r Fn. P N l A h I L 4 1 N G I 11 5 2 G y G O SrE.p GF; S "`Z -as 5- s I L G r= ^c S 1 o �'T 5 i s y. 1 U C a. a, 5 y. a o r? L,� vE 1 R p1- "VI o k L .o r .v 6 G .c- f rte Id7 o 4 .$j 2 a e R ep 4 A --E U as ry ,1A pr3 t—+ r. C G S I ,0d a p. d 17 b I Rep 1 ,A LAE Co P w 1 3 z Z o 3 G 7 2. r>- f� M IjtttiGfc IN1� A-s N s4 4 /0. co 1`7 7U.in E Q w ✓1- E Co E. r- r 1 2 G I 005- 6. E., 0 l .4 E e r- -r 1-4 11 C.0 Er=T s E. t`c. Ca'-\ t i /,0 1 1 o 13 7C 0 0 fzA 1 s A CH) E CAPS eWC, FAA Fn rt. L e p--r S 1 +rJ E o ,vo -o y6 I 1 7„9a b o o A', t? i r■- C3 a-/ a eL Cc, c"6 .0 G S` I 7,1 7- c E 1,� �.\o Uk pi CA L A r te l 4 1 G r l „p "6. 0 RG r L ErT {Z-�✓�'L ��r n-- r t G 4a pc--, w L tit G 1 I )TE: SID COVERS ABOVE LISTED ITEMS ONLY. ADDITIONAL REPAIRS ARE OPEN. total, ++I tax: provedRFCETVFf 2G1415 -r t (717!R1 FRnrl- TO- GEORGE LONG SHOP PO01/002 DOE 11 llE TRUCK BOOMS REPAIR PAINT f Geo. Heiser Body Co., Inc. 11210 Tukwila International Blvd. Seattle, WA 98168.1945 (206) 622 -7985 Fax (206) 622 -7135 Company; Date: Address: Bid by: Phone: Description: P.B. Comments: Truck Lic. 1 hrs. 1 parts 1 subtotal 1 s c- .0a p u Pr4‘ti L 1 7yC's.r 2 7yC.PrI �G r-r w H-E G! -fawn R a 0 .eo /$T•cn 1 J1A `(L. I`zy4 r O 30. a u 4 G fs r o I ,a r! r- r- ez-.4 -f- s' n t,e-r e I r- F 4,1,5 2 yo. a t o r e e-P1 n o s. 7no'.+ C -c ET, y'L VP .s lej,o 3 E equ k .P 1/ 0 /3 c/ 61 c,v3 lors C� a try] PrS NC 1 ite P A` 71-7^-"z 1 o SSz, 3 6 7 0- o NS (f +c, G-✓ 1 S. I 4 7 6 G y C U .ve U o; E (2)13•.s., j r-r A Aid LO i.- A->! Yz r TA=T rr7 c..--/a4 F ,ter AT" J` O Ss, I E._ 1 S P S rat. A„ /3 DTE; BID COVERS ABOVE LISTED ITEMS ONLY. ADDITIONAL REPAIRS A; -.P N. total: I �?gCS3.�I SHOP tax: a-74 9. s 75 ov P reRECEIVED 20 -05 09 07: 31 FROM- T0- G �1) E LONG P002/002:7,-; .j 05/20/200! MERIDIAN HUGHES FIRE APPARATUS SERVICE 62300 EMERGENCY V EHJCL ES S ER V I C E SP E C L4 I E S T S MERIDIAN COLLISION CENTER Inc, PRELIMINARY ESTIMATE Written By: Bi13. Jorgensen Adjuster: Insured: City of Tukwila, Fire Dept Claim Owner: City of Tukwila, Fire Dept Policy Address: 14000 Interuban Ave S Deductible: Tukwila, WA 98168 -4723 Date of Loss: Business: (206)433- 1866x1420 Type of Loss: Fax: (206)241-5661 Point of Impact: Inspect MERIDIAN COLLISION CENTER, INC. Business: (253) 848 -2364 Location: 15724 MERIDIAN E PUYALLUP, WA 98375 -9510 Insurance company: Days to Repair 2002 Spartan barley Pumper E -51 Red Int: VIN: 4S7AT40951CO38856 Lid: 34226D WA Prod Date: Odometer: NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 1# 10/2001 Spartan Gladiator FE' 1 Darley Pumper 24 Build. 92323 1 3# 1 4# SPARTAN CAB 1 5# RBI D/S Rear Door 2.0 6# Repl Window regulator support 1 12.5.00 1.8 7# Install door trim panel 1 0.5 8# .Rep3. Lower S/S trim panel 1 85.00 1.2 9# Repl Body side trim, kit 1 65.00 0.5 10# Rpr Door, sheet metal 2.5 3.0 11# R &I Outer door handle 0.5 12# 1 13# Rpr Pull Square Cab Door 8.0 °penning W/O side Inner 14# Rpr LT Rear Cab corner back 9.5 4.0 wall Pillar 15# Repl Rear Cab, diamond plate 1 155.00 4.0 finish panel, LT side 16# Repl Rear Step, tread 1 85.00 1.0 onnr_ ss?r_n nn nr inn nn nn rnnm nrnclAn4 nrA Tn_ rrnnnr r nmr rnnn nnn4 /nnA 05/20/2009 at 08:39 AM Job Number; 62300 PRELIMINARY ES T rMATE 2002 Spartan Darley Pumper E -51 Bed Int: No. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 17# Rpr Rear Step inner structure 4.5 1.5 step well 184 Repi Fenderette, W/0 trim 1 275.00 1.2 19# Rpr Side panel, weld repair 6.0 4.0 W/o 20# step). LT Rear Cab corner, lower S/S 1 45.00 1.0 trim 21# Repl weather strip 1 95.00 2.0 22# PUMP MODULE 1 23# R &I Pump Body module 10.0 24# Rep1 Compartment Door 1 575.00 3.5 3.5 25# Repl Compt Door Hinge 1 125.00 1.0 264 Repi Pull. out Step Assy 1 475.00 2.0 27# Repl Trim, inner, compt door 1 65.00 0.5 28# Repl Rub Rail Ends 1 85.00 1.5 29# Repl Diamond Plate, lwr finish trim 1 35.00 Incl. 30# Repi Rebuild Compt Surround, 1 150.00 8.0 3.0 rear pilar 31# Repl Alum Diamond. Plate trim 1 165.00 4.0 panel, forward, R &I step tool brkt 32# Repi. dose bin. Surround, diamond 1 350.00 4.0 plate 33# Repl Repair, Hose bin lower 1 85.00 4.0 1.0 structure 34# Repl Lower X member brkt assy to 1 125.00 1.5 1.5 plumb1ing 35# Repl Pump Panel, S/S 1 1250.00 8.0 364 Repi FRT Outer Diamond plate wall, 1 155.00 4.0 LT side 374 Rpr Pull Square Compt front 10.0 3.5 wall 38# Repi Rub rail w /ends 1 85.00 1.0 39# REAR COMPARTMENT BOX 1 40# Repl Repair LT FRT Corner Post 1 250.00 12.0 3.5 41# Repl LT FRT Diamond Plate finish 1 150.00 4.5 panel, R &I Steps 42# Repi Compt Door, FRT Lower 1 675.00 4.5 4.5 43# Repi Compt Foor Hinge 1 125.00 1.0 44# Rep). Inner Alum Trim Panel 1 85.00 1.5 45# Rep]. Repair Floor sil.11 1 55.00 4.0 1.5 464 Repl S/S Edge gill Trim 1 55.00 0.5 474 Repi Rub Rail w /ends 1 85.00 1.0 48# Repl Wheel Chocks Mounting Brkts 1 676.00 2.0 49# Repl Fendertte, W/O Trim 1 275.00 1.5 50# Rpr Rear V1 /0 Panel 4.0 3.2 514 R&I SBA Doors, 2 1.2 52# R &I Emergency Lights 2.0 RFC:FTVPi1 7@ -nc Gmo ms?.. m:nM_ 7C ")0nMV, Tn_ r_cnnr_c t nmr_ cnnn nnnn /nnn 05/20/2009 at 08:39 AM Job Number: 62300 PRELIMINARY ESTIMATE 2002 Spartan Darley Pumper- E -51 Red Int: NO. OF. DESCRIPTION QTY EXT. P, RICE LA30R PAINT 53# R &I Fuel door 0.5 54# 1 55# Repi LT FRT Tire: Good Year, G286, 1 450.00 1.0 385- 65R22.5 N 564 Rep]. LT FRT Wheel 1 250.00 Incl. 2.2 574 Steer axle alignment Check 1 2.2 M 58# Repi Ground lights, 3 1 1.25.00 2.0 594 Repi stripes: White reflective, 2 1 1200.00 4.0 types of gold leaf white 604 Tint Color 1 1.0 614 Mask Cover for Overspray 1 1.0 62# Hazardous Waste Disposal 1 6.00 634 1 64# Plumbing valves per 1 invoice, need part numbers for pricing Subtotals 9117.00 158.6 41.9 Lire 56 Price will need to be verified based on matching the exsisting wheel Estimate Notes: Parts prices subject to actual invoice freight. Possible additional hidden 3amage after further tear -down. Pump plumbing open for further inspection. Parts 9117.00 Body Labor 156.4 hrs 85.00 /hr 13294.00 Paint Labor 41.9 hrs 85.00 /hr 3561.50 Mechanical Labor 2.2 hrs 85.00 /h.r 187.00 Paint Supplies 41.9 hrs 28.00 /hr 1173.20 SUBTOTAL $27332.70 Sales Tax $27332.70 9.3000% 2541.94 GRAND TOTAL $29874.64 ADJUSTMENTS: Deductible 0.00 CUSTOMER PAY 0.00 INSURANCE PA,Y $29874.64 p no.-y) runM_ 00A(1 ZA T(_ =nor= rnmr2 cunn Drano /MnA 05/20/2009 at 08:39 AM Job Number: 62300 PRELThINARY ESTIMATE 2002 Spartan Dar1ey Pumper E -51 Red Int: This is a preliminary estimate and does not include possible unseen damage. You and your Insurance Company will be notified as to any additional costs. Parts prices a subject to change without notice. IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE, OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES INCLUDE IMPRISONMENT, FINES, AND DENIAL OF INSURANCE EENEFITS. CCC Pathways A product of CCC Information Services 7.ne_ RECEIVED 20- 05 -'09 08 :23 FROM- 2538401254 T0- GEORGE LONG SHOP P004/004 s ''L: t i O City of Tukwila ‘k Finance and Safety Committee 1 90 FINANCE AND SAFETY COMMITTEE Meeting Minutes June 2, 2009, 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Pam Linder, Chair; Verna Griffm (sitting in for Joe Duffle) and De' Sean Quinn Staff: Shawn Hunstock, Jim Morrow, Nick Olivas, Don Tomaso, Mary Miotke, and Kimberly Matej CALL TO ORDER: Chair Linder called the meeting to order at 5:01 p.m. L PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Bid Award for Renair of Fire Truck Staff is seeking Council approval to award a bid in the amount of $31,922.75 to Geo Heiser Body Co. Inc. for repair work needed on Fire Truck #1355. 4 The damage was caused by a drunk driver who failed to yield to emergency lights on May 3, while the truck was stopped at an incident response. Another bid was received for the repair work; however, Heiser is the preferred bidder due to locality and the quality of past City repair work. All repairs will be reimbursed through insurance. UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. B. Fireworks Permit: Annual 4 of July Celebration Staff is seeking full Council approval of a Fireworks Permit Application submitted by Mr. Tom Whitacre for the fireworks display at the City's annual 4 of July celebration at Fort Dent. Mr. Whitacre has provided the fireworks display for the past several years without incident. The Fire Department will add two additional fire watch personnel to this year's event to ensure any fireworks debris that falls on the Sounder FC practice fields at the north end of the complex is dealt with promptly. UNANLYIOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. C. Sales Tax Renort: March 2009 Shawn Hunstock reviewed the March Sales Tax Report, noting that receipts are down 24.4% compared to budget estimates and 21.7% compared to the same time period last year (both are YTD). Council reviewed these actual receipts for the entire first quarter at the Budget Workshop on May 28. Shawn commented that between the current 3% reduction and CIP delays, the City should recognize a $3.5 million in savings. INFORMATION ONLY. D. 2009 l Ouarter Reports The Committee reviewed the status of program goals as outlined in the 2009 1 Quarter Report, and there were no clarifying questions. INFORMATION ONLY. M. MISCELLANEOUS As a resulting discussion from Item A above, Committee members requested that staff work on drafting proposed policies regarding raising the approval funding limits that go to Council as well as defining processes for emergency procurements and declarations. Administration is aware of the need for updating the appropriate policies and it is currently on the work schedule. Meeting adjourned at 5:37 p.m. Next meeting: Tuesday, June 16, 2009 5:00 p.m. Conference Room #3 P S t- Committee Chair Approval Minutes by KAM. COUNCIL AGENDA SYNOPSIS c i'V Initials ITEM No. O MeetinDate 1 Prepared by 1 Mayor's review Council review 06/08/09 1 JM .,j 4' 06/15/ I I P t-t y 19o: 1 I 1 1 ITEM INFORMATION CAS NUMBER: 09-083 I ORIGINAL AGENDA DATE: JUNE 8, 2009 AGENDA ITEM TITLE Turnover of Public Infrastructure and Dedication of Right -of -Way Westfield Southcenter Mall CATEGORY Discussion Motion Kesolution Ordinance Bid Award Public Hearing Other Mtg Date 06/08/09 I Itg Date 06/15/09 Mtg Date Mtg Date Aftg Date Mtg Date Mtg Date SPONSOR Council Mayor Achy Svcs DCD Finance Fire 111 Legal P&R Police PTV SPONSOR'S Accept turnover of the Westfield Mall's traffic signal and street improvements, water main SUMMARY and water meters, sanitary sewer and dedication of right -of -way from WEA Southcenter, Inc. The infrastructure is valued at $365,039.98. The dedication of right -of -way is pursuant to the development agreement and Westfield has received a credit in the amount of $846,240.00 against the traffic impact fees for the TUC Access (Klickitat) Project. Council is requested to accept turnover and dedication of right -of -way. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAI'E: 06/01/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 06/15/09 MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandum dated 05/27/09 Exhibit A Vicinity and Improvement Area Map Exhibit B Traffic Signal and Channelization Map Exhibit C Dedication of Right -of -Way Depiction Map Minutes from the Transportation Committee meeting of 06/01/09 06/15/09 I 4 34 ILA 4 City of Tukwila Jim Haggerton, Mayor �19os INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Public Works Directo DATE: May 27, 2009 SUBJECT: Westfield Southcenter Mall Turnover of Infrastructure and Dedication of Right -of -Way ISSUE Accept turnover of traffic signal and street improvements, water main and water meters, sanitary sewer and dedication of right -of -way from WEA Southcenter, LLC. BACKGROUND The WEA Southcenter, LLC project is now complete. As conditions of the Public Works permits and the Development Agreement, WEA Southcenter, LLC has constructed required improvements and is dedicating right -of -way (see list on the following page). ANALYSIS The proposed public improvements have been constructed to City standards and inspected by Public Works staff and is now ready for turnover. The value of the transferred improvements from WEA Southcenter, LLC to the City is $365,039.98. Dedication of right -of -way is pursuant to the Development Agreement between the City, Prudential Financial Inc., and WEA Southcenter LLC and is necessary for the future TUC Access (Klickitat) Project. Per the development agreement, Westfield has received a credit in the amount of $846,240.00 against the Traffic Impact fees for dedication of right -of -way necessary for the TUC Access (Klickitat) Project. RECOMMENDATION The Council is being asked to accept Conveyance of Public Improvements, Right of Way Dedication and Real Estate Excise Tax Affidavit from WEA Southcenter, LLC for consideration at the June 8, 2009 Committee of the Whole meeting and subsequent June 15, 2009 Regular Meeting. attachments: Vicinity and Improvement Area Map Exhibit 'A' Traffic Signal and Channelization Depiction Map Exhibit 'B' Dedication of Right -of -Way Depiction Map Exhibit 'C' *NOTE: All documents are available at Public Works. W:\PW Eng \OTHER\Dave McPherson \WEA Southcenter LLC Tumover\Info Memo WEA Southcenter LLC Tumovecdoc INFORMATIONAL MEMO Page 2 Infrastructure (see Exhibits A and B) Right -of -Way (see Exhibit C) 133 LF of 8" pipe Dedication of Right -of -Way per (3) 48" Type II sanitary sewer manholes Development Agreement requirements (2) 10" gate valves 5' of 2" water service line Value $846.240.00 (1) 2" water meter box 10' of 2" water service line (2) 1.5" water meter boxes (3) water tap services (3) 8" saddles (1) 2" corp. stop (2) 1.5" corp. stops 745 LF of curb and gutter (12) ADA ramps 10,044 SF of concrete sidewalks 834 SF of asphalt ped path. (1) controller cabinet (4) Type 111 signal poles (3) Type PS ped poles (10) traffic signals (8) ped pushbuttons (8) ped signals (4) video detection RPM paint striping Value $365.039.98 W:\PW Eng\OTHER'Dave McPherson\WEA Southcenter LLC Tumoverllnfo Memo WEA Southcenter LLC Tumover.doc Exhibit A SOUTH BAHAMAS: BREEZE fk pr.IMPROVEMENT AREA WATER I e 11 7 •c;) r7"-- r •s• ----P 61 AVE. 0 IMPROVEMENT AREA STREET SIDEWALK CHANNELIZATION in CI 0 0 o I 1111r CHEESCAKE FACTORY I. cz Ir. TUKWILA PARKWAY tfr IMPROVEMENT ARE SIDEWALK a o cm r IMPROVEMENT AREA WATER I-. I EXHIBIT cJ d d 6i Tq q° PCr'C' SOUTH CD (la I■11 I t .4 .G.1 7 r5:\1 o a a IMPROVEMENT AREA r 17) T STRANDER BLVD ri STREET SIGNAL SIDEWALK CHANNELIZATION WATER SANITARY SEWER WESTFIELD SOUTHCENTER MALL INFRASTRUCTURE TURNOVER STREET SIGNAL CHANNELIZATION SIDEWALK WATER SANITARY FACILITIES PW05-125 PW06-067 PW06-072 PW08-116 PW08-117 BAKER :STREET Exhibit B CHEESECAKE FACTORY J SEE TS -7.2 FOR MAST- AR14- 1VRWO t 1 NDEdiZONE 71 1 I VIDEO ZONE 41 I. I VIDEO ZONE 42 I Cl tHF 11 la'A� 1 `'j•id' i1dt: MDEO ZONE 61 M000 ZONE 62.1 1 "IA, 4 I MDEO ZONE 82 I. -F T 714 Lam' I M 0 E0 ZONE 31 -1 41' VDB" D 8 +00 10 o o ANGER BLVD. STA. 08 +26.63 14ESTF1 ACCESS STA. 10+ TRAFFIC SIGNAL 22 1M1A 42 9:1 p-= (DELI TNUVESTOR TE 7,200 SF E 27.0 SEE SHEET RM -1 FOR LIGHT STANDARD REMOVAL EXHIBIT_ b F, LJ.... �r+-� —r r r 1 �f 1- WESTii ELD SOUTHCENTER MALL INFRASTRUCTURE TURNOVER TRAFFIC SIGNAL CHANNELIZATION PW_ 05 -125 PW06 -067 PW06 -072 PW08 -116 PW08 -117 HP 12 GAS STRANDERIBOULEVARbs Exhibit C 17 26 N2'12'46 "E 177.1 -TO SECTION LINE /AREA or DEGCAT10N j 53,755.23 S0. FT. y "-N89'03'25 14 46.24' AR LLNE N01'37 "E 42.04' o r° 1• .2 E705TWG POWER EASEMENT 4=45'26'46 R =19.10' L =15.15' BAHAMA BREEZE HESTFIELD CORPORATION 5416'41 E 10.03' INC. LI N N-N4653'19'E 22.78' �6. -4432' R= 32.10' Ili 175726 -0250 L= 25.18' TL 262304 -9023 RESERVE AREA FOR EXISTING SIGN 065TFIELO CORPORATION INC. 943•05'40'W 17.49 N65•19'10`16 3.43' E10STING LOOP DETECTOR /EASEMENT i W N01'1912'E 61.64' 987\ `E 4.06' N26'33'54'E 42.44' N01'00'12'W 130.19'\ n Wo %f e z _j TL; 537920 -0240 •NO2'42'27'14 13020' i i DEDICATION OF RIGHT -OF -WAY J/ NISI W J CORPORATION i C1L I l L 602'24'31V 177.95' `50p'06'3 177.97' NO2'55'32"E 67.60' z F. WESIFIELD 7 CORPORATION LNG. TLI 537920 -0241 90077'13 "E 323.49' EXISTING ELECTRICAL EASEMENT x88'28'02` R =35.31' L= 54.52' N8870'49 "W 135.10' •8607'291'/ 76.22' N86'28 106.587 TPC3 I O 508'08'47 431.26' `M°N STRANDER BLVD. 36 42 WESTFIELD SOUTHCENTER MALL DEDICATION OF RIGHT -OF -WAY RESERVE AREA FOR EXISTING SIGN EXHIBIT AREA OF DEDICATION 53,755.23 SQ. FT. x $15.74 PER SQ. FT. VALUE OF $846,240.00 J ,�itLA 4 City of Tukwila k •r Transportation Committee I408 TRANSPORTATION COrv]M.ITTEE Meeting Minutes June 1, 2009 5:00 p.m. Conference Room 1 PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Verna Griffin Staff: Jim Morrow, Bob Giberson, Dave McPherson, Gail Labanara and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Westfield Southcenter Mall Turnover of Infrastructure and Dedication of Right-of-Wav Staff is seeking full Council acceptance of Conveyance and Public Improvements (turnover of traffic signal and street improvements, water main and water meters, sanitary sewer), Right -of -Way Dedication (approximately 54,000 square feet) and Real Estate Excise Tax Affidavit from WEA Southcenter, LLC. This infrastructure will be added to City inventory, and is valued at $365.039.98. The public improvements \A— have been constructed to City standards and have been inspected by staff. Per the Development Agreement for this project, WEA Southcenter, LLC has received a credit in the amount of $846,240 against traffic impact fees for the right -of -way dedication necessary for the Klickitat project. UNANIMOUS APPROVAL. FORWARD TO JUNE 8 COW FOR DISCUSSION. B. Tukwila 6. LLC 4 -Lot Short Plat Turnover of Infrastructure Staff is seeking full Council acceptance of Conveyance and Public Improvements (turnover of water main and one fire hydrant) from Tukwila 6, LLC with a site address of 14659 62n Avenue South. Now that 4 -lot short plat by Tukwila 6, LLC is complete, the developer is transferring assets of the public facilities to the City. This infrastructure, which is 398 feet of 8 -inch ductile water main and one fire hydrant, will be added to City inventory, and is valued at $36,860. The public facilities /infrastructure has been constructed to City standards and has been inspected by staff. UNANIMOUS APPROVAL. FORWARD TO JUNE 15 CONSENT AGENDA. Ill. MISCELLANEOUS For information only purposes, staff reported that DCD requested that the Committee be notified of a supplemental agreement with Perteet, Inc. to add a segment of South 150 Street to the Walk Roll Plan Design Report. The additional work will cost $1,656 which is below the cost threshold requiring Council approval. Meeting adjourned at 5:17 p.m. Next meeting: Monday, June 15, 2009 5:00 p.m. Conference Room 1 1 'v. Committee Chair Approval Minutes by KAM. COUNCIL AGENDA SYNOPSIS ILA iy q L itial. IT N0. O illeetif�x Date Prepared by Mayor's review. Council review I -F 06/08/09 1 LV 1 r I t� 1 4 -1 O 1 06/15/09 1 LV I 1 1 L 2901 1 1 1 ITEM INFORMATION CAS Number: 09-084 'ORIGINAL AGENDA DATE,: JUNE 8, 2009 Ac;r.ND.\ III I TrlLr. An Ordinance amending Ordinance 2111 regarding vesting to previous traffic impact fees if applicant is in formal negotiations on a development agreement C. Discussion Motion Resolution Ordinance Bid Award Public Hearing Other illtg Date 06/08/09 AN Date itltg Date Al g Date 06/15/09 Mtg Date Mg Date lltg Date Si e )NS( )R Council ®tlla}or Adm Svcs DCD Finance Fire Legal P &R Police f I P117 SPC>NSOR's Ordinance 2111 contains a provision that vests an applicant to the previous traffic impact Si ?:\INIARY fees if the applicant is in formal negotiations on a development agreement with the City; this provision is no longer needed because La Pianta has agreed to accept the traffic impact fees that are current at the time a Tukwila South Project development application is submitted to the City. Council is asked to adopt a new ordinance amending Ordinance 2111 by deleting TMC Section 9.48.140.2. RI wI .wi BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAIL: Tukwila South Project No Committee Review RECOMMENDATIONS: SPONSOR /ADMiN. Mayor recommends approval C( )MIMITTEE COST IMPACT FUND SOURCE EPI ?NllI'1'URl? RI‘;QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION I 06/08/09 I 06/15/09 MTG. DATE I ATTACHMENTS 06/08/09 I Informational Memorandum dated 06/08/09 Ordinance #2111 Ordinance in draft form 06/15/09 kJ l 4 LA k ls- o I% City of Tukwila t zi Jim Haggerton, Mayor .n f2 190 INFORMATIONAL MEMORANDUM TO: City Council Mayor Haggerton FROM: Lisa Verner, Project Manager DATE: June 8, 2009 SUBJECT: Amending a portion of Ordinance 2111 Regarding Vesting to Traffic Impact Fees if Applicant is in Formal Negotiations on a Development Agreement ISSUE Ordinance 2111 contains a provision that vests an applicant to the previous traffic impact fees if the applicant is in formal negotiations on a development agreement with the City; this provision is no longer needed. BACKGROUND Ordinance 2111 was adopted on December 5, 2005. It amends TMC Chapter 9.48. A new "Section 9.48.140. Vesting" is established. It allows applicants to be vested to the prior traffic impact fees if they meet one of the following 3 criteria: 1. Submitted a building permit application that the City has deemed complete, or 2. Entered into formal negotiations with the City for a specific project for a development agreement in accordance with RCW 36.70B.170 through 36.70B.210, or 3. Have a signed agreement that is still in effect with the City addressing traffic concurrency and impact fees. Item 2 above was included because the Administration believed the City was very close to concluding negotiations on a development agreement with La Pianta LLC and did not believe the traffic impact fees applicable to the Tukwila South Project should be changed at that point in the negotiations. DISCUSSION In Spring 2009, the Administration reached agreement on a Development Agreement with La Pianta LLC. As part of the negotiations, La Pianta LLC agreed to accept the traffic impact fees that are current at the time a development application is submitted to the City. Therefore, there is no longer any need for TMC 9.48.140.2. RECOMMENDATION The Council is being asked to discuss this item at the Committee of the Whole meeting on June 8, 2009 and the subsequent June 15, 2009 Regular Meeting and adopt the ordinance amending Ordinance 2111 to delete TMC Section 9.48.140.2 (regarding traffic impact fees). ATTACHMENTS Ordinance 2111 Draft Ordinance amending Ordinance 2111 i Y908 City of Tukwila Washington Ordinance No. 02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REGARDING CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES; REPEALING ORDINANCE NO. 2043; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has adopted a Comprehensive Plan pursuant to the Growth Management Act of the State of Washington and RCW 36 70A, which includes as part of the Transportation Element of the Comprehensive Plan elements relating to traffic impacts and necessary mitigation, and WHEREAS, RCW 82.02.050 authorizes cities to impose impact fees on development activity as part of the financing for public facilities, including transportation facilities, and WHEREAS, the City Council of the City of Tukwila has adopted a Transportation Element of its Comprehensive Plan, mcludmg transportation facilities, and desires to provide funding for said plan through the imposition of development impact fees, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Concurrency Standards and Transportation Impact Fees Amended. Ordinance No 2043, as codified at Tukwila Municipal Code Chapter 9 48, is hereby amended to read as follows. CHAPTER 9.48 CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES erh nn C 9.48.010 Authority and Purpose 9 48 020 Definitions 9 48 030 Imposition of Transportation Impact Fees 9 48 040 Calculation of Impact Fees 9 48 050 Credit 9 48 060 Time of Payment of Impact Fees 9 48.070 Adjustments 9 48 080 Establishment of Impact Fee Account 9.48 090 Use of Impact Fees 9.48100 Plan and Fee Update 9 48110 Refunds 9.48.120 Appeals 9 48.130 Exemptions 9 48 140 Vesting 9 48 150 Authority Unimpaired 9 48.160 Relationship to SEPA C \Documents and Settinns\All Users\Desktop1KeIl \AdSDATAAOrdutancesVrnpact Fees dun c;i_ksn 12/812005 Page 1 of 7 9.48.010. Authority and Purpose. A. Authority. The City of Tukwila's impact fee financing program has been developed pursuant to the City of Tukwila's police powers, the Growth Management Act as codified in Chapter 36 70A of the Revised Code of Washington (RCW), the enabling authority in RCW Chapter 82.02, RCW Chapter 5817 relating to platting and subdivisions and the State Environmental Policy Act (SEPA), and RCW Chapter 42.12C. B Purpose. The purpose of the financing plan is to 1 Develop a program consistent with Tukwila's Comprehensive Plan, the Six- Year Transportation Program and the Capital Improvement Program, for jomt public and private financing of transportation improvements necessitated in whole or in part by development within the City of Tukwila, 2. Ensure adequate levels of transportation and traffic service consistent with the level of service identified in the Comprehensive Plan, 3 Create a mechaiusm to charge and collect fees to ensure that new development bears its proportionate share of the capital costs of transportation facilities necessitated by new development; and 4. Ensure fair collection and admirustration of such transportation impact fees. C. The provisions of the City of Tukwila's impact fee ordinance shall be liberally construed to effectively carry out its purpose m the interests of the public health, safety and welfare. 9.48.020. Definitions. The words and terms contained in this chapter shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaiung 1. The "Act" means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq and Chapter 32, Laws of 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demohtion, moving, or repair of a building or structure. 3. "City" means the City of Tukwila, Washington. 4. "Development" means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit. 5 "Development activity" means any construction of a building or structure that creates additional demand and need for transportation facilities. 6. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 7 "Letter encumbered" means to reserve, set aside, or earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of transportation facilities 8. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity, which requires a building permit and creates a demand for additional facilities. C 1Documents and SettingsWiI Users Desktop \Ketly\MSDATA`.Ordinances\Impact Fees.doc OLksn 12/8i2005 Page 2 of 7 9. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this chapter as a condition of granting development approval, in order to pay for the transportation facilities needed to serve new growth and development that is a proportionate share of the cost of the capital facilities that is used for facilities that reasonably benefit new development. Impact fees are independent of a permit fee, an apphcation fee, a concurrency test fee, and the administrative fee for collecting and handlmg impact fees or cost of reviewing independent fee calculations 10 "Owner" means the owner of record of real property, as found m the records of King County, Washington, or a person with an unrestricted written option to purchase property, provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property 11 "Proportionate fair share" means that portion of the cost for transportation facility improvements that are reasonably related to the service demands and needs of new development. 12. "Vested" means the right to develop or continue development in accordance with the laws, rules, and other regulations in effect at the time the building pernut apphcation is deemed complete. 9.48.030. Imposition of Transportation Impact Fees. A. The City hereby authorizes the assessment and collection of impact fees on development activity at the rates set forth in Attachment A, incorporated herein by tlus reference. B Transportation impact fees imposed by this chapter: 1 Shall only be imposed for system improvements that are reasonably related to the new development; 2. Shall not exceed the proportionate fair share of the costs of system improvements that are reasonably related to the new development; 3 Shall be used for the system improvements that will reasonably benefit new development; 4. May be collected and spent only for system improvements, which are provided for m the transportation element of the Capital Improvement Plan and Comprehensive Land Use Plan; 5 Shall not be used to correct existing transportation system deficiencies as of the date of adoption of this chapter; and 6. Shall be collected only once for each development, unless changes or modifications to the development are proposed which result in greater direct impacts on transportation facilities than were considered when the development was first approved. 9.48.040. Calculation of Impact Fees. A. The method of calculating the transportation impact fees in this chapter incorporate, among other things, the following 1 The cost of public streets and roads necessitated by new development; 2. An adjustment to the costs of the public streets and roadways for past or future mitigation payments made by previous development to pay for a particular system improvement that was prorated to the particular street improvement; 3 The availability of other means of funding public street and roadway improvements, and C\Documents and Settinas\All users\ Desktop `Kclly\MSDATA\OrdinancesUmpact Fees.doc GL:ksn 12/8/2005 Page 3 of 7 4. The methods by which public street and roadway improvements were financed. B. Fees for development shall be calculated based on their net new "p.m. peak hour" trip generation rates as determined by the Public Works Director, or designee, applying the ITE Trip Generation Manual. If the proposed development activity concerns an existing use, the fee shall be based on net new trips generated by the redevelopment. If an existing building has not been used for its intended purpose or has been vacant for twelve months or more preceding application, no credit for existing trips shall be given. 9.48.050. Credit. A credit, not to exceed the impact fee otherwise payable, shall be provided for the fair market value of any dedication of land for, improvement to, or new construction of any system nnprovements provided by the developer, to facilities that are identified in the Capital Improvement Program and that are required as a condition of approving the development activity The determination of "value" shall be consistent with the assumptions and methodology used by the City in estimating the capital improvement costs 9.48.060. Time of Payment of Impact Fees. A. The impact fees imposed pursuant to this chapter shall be assessed by the City at the time of the application for the development pernut, and shall be due and payable in whole at the time of issuance of such permit. The fee paid shall be the amount in effect as of the date of the permit issuance. B Impact fees may be paid under protest in order to obtain a permit or other approval of development activity 9.48.070. Adjustments. A. The amount of fee to be imposed on a particular development may be adjusted by the Public Works Director, giving consideration to studies and other data submitted by the developer demonstrating by clear and convincing evidence that an adjustment should be made in order to carry out the purposes of this chapter B. The Public Works Director shall review the study to determine if the adjustment request: 1 Is based on accepted impact fee assessment practices and methodologies, 2. Uses acceptable data sources and if the data used is comparable with the uses and intensities planned for the proposed development activity; 3. Complies with the applicable State laws governing impact fees, 4. Is prepared and documented by professionals who are mutually agreeable to the City and the developer and are qualified in their respective fields, and 5. Shows the basis upon which the independent fee calculation was made. C. In reviewing the study, the Public Works Director may require the developer to submit additional or different documentation. If the Public Works Director agrees with the study's findings, an adjustment to the impact fee will be made. If a compelling case has not been made, the developer shall pay the full impact fee amount. D A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this chapter to obtain a building pernut while the City determines whether to partially reimburse the developer by making an adjustment or accepting the independent fee calculation. 9.48.080. Establishment of Impact Fee Account. Impact fees received pursuant to this chapter shall be earmarked and retained in special interest- bearing accounts All interest shall be retained in the account and expended for the purpose or purposes for which the impact fees were collected. Monuments and Settings \All UscrAlDesktop WellyVv1SDATAkOrdinancesUmpact Fees.doc GL:ksn 12/8/2005 Page 4 of 7 9.48.090. Use of Impact Fees. A. Pursuant to this chapter, impact fees shall be used for facilities that will reasonably benefit the City and its residents B. Fees shall not be used to make up deficiencies in City facilities serving an existing development. C. Fees shall not be used for maintenance and operations, including personnel. D Traffic impact fees shall be used for but not limited to land acquisition, site unpr engineering and architectural services, pernutting, financing, administrative expenses and applicable mitigation costs, and capital equipment pertaining to transportation systems and facilities E. Traffic impact fees may also be used to recoup public improvement costs incurred by the City to the extent that new growth and development will be served by the previously constructed improvement. F In the event bonds or similar debt instruments are or have been issued for system improvements, impact fees may be used to pay the principal on such bonds. G. Transportation nnpact fees shall be expended or letter encumbered for a permissible use within six years of receipt, unless there exists an extraordinary or compelling reason for fees to be held longer than six years. The Public Works Director may recommend to the Council that the City hold fees beyond six years m cases where extraordinary or compelling reasons exist. Such reasons shall be identified in written findings by the Council. H. The Finance Director shall prepare an annual report on the transportation impact fee account showing the source and amount of all moneys collected, earned or received and projects that were financed in whole or m part by transportation impact fees 9.48.100. Plan and Fee Update. The impact fee may be updated annually to evaluate the consistency of development density assumptions, estimated project costs and adjusted for awarded grant funding, if any Updates that result m a change in nnpact fees will be reviewed by the City Council. Impact fee changes will only occur through an ordinance requiring Council action. 9.48.110. Refunds. A. A developer may request and shall receive a refund when the developer does not proceed with the development activity for which transportation impact fees were paid, and the developer shows that no impact has resulted. B. The developer must submit a request for a refund to the City in writing withm one year of the date the right to claim the refund arises. Any transportation nnpact fees that are not expended or encumbered within the time limitations established, and for which no application for a refund has been made within this one -year period, shall be retained and expended on any project identified m the Capital Improvement Plan. C. In the event that transportation impact fees must be refunded for any reason, they shall be refunded with interest earned to the applicant. 9.48.120. Appeals. A. Any fee payer may pay the impact fees imposed by this chapter under protest m order to obtain a building permit. B Appeals regardmg traffic impact fees imposed on any development activity may only be taken by the fee payer of the property where such development activity will occur No appeal shall be permitted unless and until the impact fee at issue has been paid. C\Doeuments and SettingslNl Users 'Desktoplli lly\MSDATA \Ordinances\Impact Fecs.doc GL:ksn 12 /8/2005 Page 5 of 7 C. Determinations of the Public Works Director or his designee, with respect to the applicability of traffic impact fees to a given development activity, or the availability of a credit, can be appealed to the City's Hearing Examiner pursuant to this Section. D An appeal shall be taken within 10 working days of payment of the impact fees under protest or within 10 workmg days of the City's issuance of a written determination of a credit or exemption decision by fihng with the City a notice of appeal giving the reasons for the appeal with an accompanying appeal fee as set forth in the existing fee schedule for land use decisions. E. Appeals under this chapter will be processed in accordance with the procedures set forth in TMC 18 108.020. 9.48.130. Exemptions. Impact fees are generated from the formula for calculating the fees as set forth in this chapter The amount of an impact fee is determined by the information contained in the adopted transportation element, as appended to the City's Comprehensive Plan. All new development Iocated in the City that generates net new "p.m. peak hour" trips will be charged a traffic impact fee. The following exemptions shall apply: 1. Any non residential project that is categorically exempt from SEPA pursuant to TMC 21.04.080, .100, or .110. 2. Projects that will not generate net new traffic trips, 3. Should the City reduce or waive any impact fees, not subject to Section 9.48 070 Adjustments, of this chapter, as part of a negotiated developer's agreement, those waived or reduced fees shall be paid from the City's funds. 9.48.140. Vesting. Applicants shall be vested under the laws, rules and other regulations in effect prior to the effective date of this ordinance if they have, prior to the effective date of this ordinance: 1 Submitted a building permit application that the City has deemed complete, or 2. Entered into formal negotiations with the City for a specific project for a development agreement in accordance with RCW 36 70B.170 through 36 70B.210, or 3 Have a signed agreement that is still in effect with the City addressing traffic concurrency and impact fees. 9.48.150. Authority Unimpaired. Nothing in this chapter shall preclude the City from requiring the fee payer to mitigate adverse and environmental effects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW and /or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with Chapters 43.21C and 82.02 RCW. 9.48.160. Relationship to SEPA. A. All development shall be subject to environmental review pursuant to SEPA and other applicable City ordinances and regulations. B. Payment of the impact fee pursuant to this chapter shall constitute satisfactory mitigation of those traffic impacts related to the specific improvements identified on the project list. C. Further mitigation in addition to the impact fee shall be required for identified adverse impacts, appropriate for rrutigation pursuant to SEPA, that arc not mitigated by an impact fee. C snocuments and SeninnsXAll Uscrs\Dcsktop\Kellyi tSDATA\Ordinances\lmpact Fees.doc c1. :ksn 12 /8/2005 Page 6 of 7 D Nothing in this chapter shall be construed to limit the City's authority to deny development perrruts when a proposal would result in significant adverse traffic impacts identified in an environmental impact statement and reasonable nutigation measures are insufficient to mitigate the identified impact. Section 2. Repealer. Ordinance No 2043 is hereby repealed in its entirety Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionahty shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY O TUKWILA, WASHIiNGTON, at a Regular Meeting thereof this 6 day of �i_ i 2005 fEST/ AUTHENTICATED l I u T-g Steven M. Mullet, Mayor E Cant, CMC, City Clerk n Filed with the City Clerk. 2 y— Ds APPROVED i F• M Y. Passed by the City Council /a Published 2 Effective Date /a Office of th y Attorr y, Ordinance Number 42'1 C'\Documenes and Scttines\All Users\Desk top \KelliAMSDATA\Ordinance>Wtpact Fecs.doe cl.:ksn 1218/2005 Page 7 of 7 1 ATTACHMENT A Impact Fee Schedule 2006 Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4 Measure Cost per Trip 1 1 $1,424 711 $1,345 461 $1,071 731 $807 07 Residential Single Family dwelling $1,361 181 $1,285 461 $1,023 941 $771 08 Multi Family dwelling $826 331 $780 371 $621 601 $468 10 Retirement Community 1 dwelling 1 $291 101 $274 911 $218 981 $164 90 Nursing Home /Convalescent Center 1 bed 1 5215 631 5203 641 $162.211 5122 15 Assisted Living 1 dwelling 1 $183.291 8173 091 $137 881 $103 83 Commercial Services Drive -in Bank sq ft/GFA $18 98 517 92 $14.28 $10 75 Walk -in Bank sq ft/GFA 815 32 $14 47 511 52 $8 68 Day Care Center sq ft/GFA S7 62 57.20 $5 74 54 32 Library sq ft/GFA $3 48 53.29 $2 62 $1 97 Post Office sq ft/GFA $5 30 $5 00 $3 98 53.00 Hotel /Motel room 5908 73 $858 19 $683 59 $514 78 Service Station VFP $3,812 37 $3,600 31 $2,867 84 $2,159 64 Service Station /Minimart VFP $2,627 55 $2,481 40 51,976 56 $1,488 46 Service Station /Minimart/Car Wash VFP $3,885 36 $3,669.24 $2,922 74 $2,200 99 Carwash (Self- Serve) I Stall $2,318 661 $2,189 69 $1,744.20 $1,313 48 Movie Theater 1 screen $33,521 551 531,656 97 $25,216 45 518,989 37 Health Club 1 sq ft/GFA $3 851 53 64 $2.90 52 18 Racquet Club 1 sq ft/GFA 1 81 641 $1 54 $1.23 $0 93 Marina 1 Berth 1 $202 921 $191 64 5152.65 $114 95 Commercial Institutional Elementary School /Jr High School 1 student 1 $160 181 5151.27 $120 50 $90 74 High School 1 student 1 $107 821 5101 82 $81 10 $61 08 University/College 1 student 1 $219 481 $207.27 5165 10 5124 33 Church 1 sq ft/GFA 1 $0 941 50 89 $0 71 $0 53 Hospital 1 sq ft/GFA 1 $1 421 51 34 $1 071 50 80 Commercial Restaurant Restaurant 1 sq ft/GFA 1 87.841 $7 41 55 901 $4 44 Fast Food Restaurant w/o drive thru 1 sq ft/GFA 1 510 071 $9 51 $7 571 $5 70 Fast Food Restaurant w drive /thru sq ft/GFA 1 $12.891 512 17 $9 701 $7 30 Industrial Light Industry/High Technology 1 sq ft/GFA 1 $1 921 51 82 $1 451 $1 09 Industrial Park 1 sq ft/GFA 1 $1 811 $1 71 $1 361 51 02 Warehousing /Storage 1 sq ft/GFA 1 51 001 $0 95 $0 751 $0 57 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) page 1 of 2 ATTACHMENT A continued Impact Fee Schedule 2006 Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4 Measure Cost per Trip I 1 $1,424.711 51,345 461 51,071.731 5807 07 Commercial Retail Shopping Center up to 9,999 sq ft sq ft/GLA 53 431 53.241 52 581 51 94 10,000 sq ft- 49,999 sq ft sq ft/GLA 53 011 $2.841 52.261 51 70 50,000 sq ft- 99,999 sq ft sq ft/GLA $2.201 $2 081 51 651 51.25 100,000 sq ft- 199,999 sq ft sq ft/GLA $2.151 52.031 $1 621 51.22 200,000 sq ft- 299,999 sq ft sq ft/GLA 51 961 $1 851 51 471 $1 11 300,000 sq ft- 399,999 sq ft sq ft/GLA $2.321 82.19 51 751 $1 31 over 400,000 sq ft sq ft/GLA 52 611 52 47 51 971 51 48 Miscellaneous Retail Sales sq ft/GFA $1 191 81 12 50 891 SO 67 Supermarket sq ft/GFA $6 981 $6 59 55.251 $3 95 Convenience Market sq ft/GFA 512.10 811 43 $9 101 $6 86 Nursery/Garden Center sq ft/GFA $1 74 $1 64 51 311 50 99 Furniture Store sq ft/GFA 50 18 $0 17 80 131 50 10 Car Sales New /Used sq ft/GFA 53 97 53 75 52.981 $2.25 Auto Care Center sq ft/GLA 81 55 51 46 81 171 50 88 Quick Lubrication Vehicle Shop Service Bay 51,358 94 $1,283 35 $1,022.261 $769 82 Auto Parts Sales sq ft/GFA 52.74 52.59 52 061 81 55 Pharmacy(with Drive Through) sq ft/GFA 83 40 53.21 $2.56j 51 93 Free Standing Discount Store sq ft/GFA $2.40 $2.27 51 811 51 36 Hardware /Paint Store sq ft/GFA 52 03 51 91 51 521 81 15 Discount Club sq ft/GFA 54 10 83 87 $3 081 $2.32 Video Rental sq ft/GFA 53 06 $2.89 52 301 51 74 Home Improvement Superstore sq ft/GFA 51 62 81 53 $1.221 80 92 Tire Store Service Bay $1,590 01 81,501 57 $1,196 081 $900 72 Electronics Superstore sq ft/GFA 52.55 52 41 $1 921 51 44 Commercial Office Administrative Office up to 9,999 sq ftl sq ft/GFA 56 651 $6.281 $5 001 $3 76 10,000 sq ft- 49,999 sq ftI sq ft/GFA 56 651 $6.281 $5 001 $3 76 50,000 sq ft- 99,999 sq ftl sq ft/GFA 53 851 53 641 82 901 $2 18 100,000 sq ft- 199,999 sq ftl sq ft/GFA $2 921 $2.751 52 191 $1 65 200,000 sq ft- 299,999 sq ftl sq ft/GFA 52 551 52.401 51 911 51 44 over 300,000 sq ftl sq ft/GFA 52.391 $2.251 51 791 $1 35 Medical Office /Clinic 1 sq ft/GFA 85 661 $5 341 $4.251 $3.20 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) page 2 of 2 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2111, AS CODIFIED AT TUKWILA MUNICIPAL CODE 9.48.140, REGARDING CRITERIA FOR VESTING TO PREVIOUS TRAFFIC IMPACT FEES; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2111, adopted on December 5, 2005, amended TMC Chapter 9.48, "Concurrency Standards and Transportation Impact Fees," to add a new Section 9.48.140, "Vesting," allowing applicants to be vested to the previous traffic impact fees if they meet one of the following three criteria: 1. Submitted a building permit application that the City has deemed complete, or 2. Entered into formal negotiations with the City for a specific project for a development agreement in accordance with RCW 36.70B.170 through 36.70B.210, or 3. Have a signed agreement that is still in effect with the City addressing traffic concurrency and impact fees; and WHEREAS, TMC 9.48.140(2) was included in anticipation of the City concluding negotiations on a development agreement with La Pianta LLC for the purpose of ensuring that traffic impact fees applicable to the Tukwila South Project would not be changed at that point in the negotiations; and WHEREAS, in the spring of 2009, the City concluded a development agreement with La Pianta LLC and, as part of the negotiations, La Pianta LLC agreed to accept the traffic impact fees that are current at the time a development application is submitted to the City, removing any need for TMC 9.48.140(2); and WHEREAS, the City Council believes there is no further reason to include this criterion in determining vesting to the previous schedule of traffic impact fees, and the ordinance should be amended to remove TMC 9.48.140(2); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Amendment of Ordinance 2111. Ordinance No. 2111 is hereby amended by removing subsection 2 of TMC 9.48.140 to allow applicants to be vested to the prior traffic impact fees only if they meet one of the following two criteria: 1. Submitted a building permit application that the City has deemed complete, or 2. Have a signed agreement that is still in effect with the City addressing traffic concurrency and impact fees; Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre- W: Word Processing Ordinances Tukwila South Traffic Impact Fees Amend.doc LV:ksn 06 /04/2009 Page 1 of 2 emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: F.ffective Date: Office of the City Attorney Ordinance Number: W: \Word Processing \Ordinances \Tukwila South Traffic Impact Fees Amenddoc LV:ksn 06/04 /2009 Page 2 of 2 Special Meeting COUNCIL AGENDA SYNOPSIS w <1:111(4 Jq J+ Initials ITEM NO. 7 Date Pr ared G �'a tYleetinQ ep y [1�Ia; review Council review g 1 04/13/09 1 LV 1 1 A S -PE 4 'L� 04/20/09 LV y J'--" 05/26/09 LV ,4 �c (h-m--P.1 90 0601[09 LV -464.-*- db(U87U9 CV ITEM INFORMATION I CAS NUMBeR: 09-041 f ORIGINAL AGENDA DATE: APRIL 13, 2009 AG FM). PIE NI TITLE Tukwila South Project C vrl': ,t)1tY Discussion Motion 1 Resolution Ordinance Bid Award Public Hearing Other 5 260 Aft, Date 04/20/09 Altg Dote Mtg Date Mtg Date 6/ :8/09 Altg Date tlltg Date Mtg Date I SP( )NSoR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police P1V SP( I; lsc lt's 4/13/09 Introduction to Tukwila South Project and distribution of notebooks with background SummARY material to Councilmembers for use in a series of work sessions and Council meetings. 5/18/09 and 5/26/09 Public Hearings. The Council is being asked to consider and authorize the Mayor to sign the Development Agreement and approve land use actions, and ordinances relative to the project. The review process for the upcoming work sessions will be discussed on 4/20/09. !RI•:\'1I,\.vI BY COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA I't: 5/26/09 RECOMMENDATIONS: SPoNst)R /ADMIN• Mayor's Office /Administration: recommend approval COMMITTEE COST IMPACT FUND SOUR CE EXPEN DI'1'URI RI,QLlIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 04/13/09 j Forward to the April 20 Regular Meeting to discuss and agree on the review process for the upcoming work sessions 05/18/09 1 Public Hearing Held 05 Forward to 06/01/09 Regular Meetina. to include strike- throuoh aa_reement MTG. DATE J ATTACHMENTS 04/13/09 Distribution of notebooks to Councilmembers at the meeting 04/20/09 1 Informational Memorandum dated 4/15/09 05/18/09 'Informational Memorandum dated 5/18/09; Draft Ordinance with Exhibits 05/26/09 (Informational Memorandum dated 5/18/09; Draft Ordinance with Exhibits 1 (Please bring your Tukwila South notebooks) 06/01/09 1 ew Informational Memorandum dated 6/1/09 I 06/08/09 IInformationalThiMemnrandum dated 4/18/09 Informational Memorandum dated 6/8/09 Ordinance with Development Agreement in strike- through/underline format, with Exhibits *ILA u� y City of Tukwila Jim Haggerton, Mayor 90= INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Lisa Verner, Project Manager DATE: June 8, 2009 SUBJECT: Tukwila South Project Development Agreement ISSUE At the June 1, 2009 Regular Meeting, Council requested several amendments to the Tukwila South Project Development Agreement and a "redline" version of the Agreement as it is revised to show the changes. DISCUSSION At the June 1 meeting, the Council reviewed the text of the Tukwila South Project Development Agreement. Council members voted to make changes to four sections. Staff identified five housekeeping changes. Also, the applicant has corrected errors in the legal descriptions in two of the Exhibits to the Development Agreement. All of these changes are included in the "redline" version of the Development Agreement, Exhibit 2 and Exhibit 6. All of these changes are listed below for convenience. Council motions 1. Delete from Section 3.5 Floodplain Development Review (Pape 5 of DA) as follows: Remove all references to "CLOMR 2. Add "and contractors" to Section "4.3.4.2 PSE" (Page 8 of DA) as follows: The bid documents and the final construction contract for the SCP Project shall include a "cooperation clause," requiring cooperation and communication between the City (and the City's contractor on the SCP Project) and PSE or PSE's designee and contractors undertaking the PSE Work. 3. Add "at a minimum" to Section "4.5.1 Bike /Pedestrian Trail" (Paae 12 of DA) as follows: The width of the easement shall be at a minimum 14 feet or such greater width as may be required under the City's Shoreline Master Program. 4. Add to the first and last sentence of the second paragraph of Section "4.4 Sanitary Sewer System" (Page 12 of DA) as follows: First sentence to read: Construction of the initial Southcenter Parkway sewer lines serving the Tukwila South Property will be included in the cost of Southcenter Parkway Project, and therefore a portion of the costs of the sewer improvements will be funded by sources other than the City. Last sentence to read: INFORMATIONAL MEMO Page 2 Each sewer connection charge paid by La Pianta or a Parcel Builder for the initial Southcenter Parkway sewer line shall be credited to La Pianta as O &M Revenue pursuant to Section 4.8.3. Housekeepina chanaes identified by staff 5. Add "La Pianta LLC" to Section "4.3.4.2 PSE" (Pace 8 of DA), as it may be doing some of the work, as follows: The bid documents and the final construction contract for the SCP Project shall include a "cooperation clause," requiring cooperation and communication between the City (and the City's contractor on the SCP Project). La Pianta LLC and PSE or PSE's designees and contractors undertaking the PSE Work. 6. Add "of" to seventh line of Section "4.9 Grading Permit Review" (Pape 22 of DA) as follows: The City will complete review of the Clearing and Grading.... 7. Delete "PM" in fourth line of Section "5.3.2(a) Construction of OriIlia Road Connector" (Page 25 of DA) as follows: ...within 6 years of the time 7500 Net New PM Trips are generated... 8. Add a "t" to spell "Section" correctly in the fifth line of Section "5.4.4 Master Stormwater Infrastructure Plan" (Pace 31 of DA) as follows: ...with all the criteria of Section 5.4 of this Agreement... 9. Change Master "Drainage" Plan to Master "Stormwater Infrastructure" Plan and change "site grading" to "site utility work" in chart in Section "5.4.3.1 La Pianta Obligations" for consistency with Council approved language in Section 5.4.4 (Pace 31 of DA) as follows: 8. Prepare a Master image Stormwater Approval shall be obtained prior to start of Infrastructure Plan site g utility work. Corrected errors 10. Exhibit 2 to Tukwila South Project Development Agreement: Correct the legal description describing Tukwila South Property. 11. Exhibit 6 to Tukwila South Project Development Agreement: Correct the legal descriptions for the Expansion Areas. RECOMMENDATION Council consideration and approval of an ordinance, adopting by reference the Development Agreement for the Tukwila South project, at the June 8, 2009 Special Meeting. ATTACHMENTS Ordinance in Final form Tukwila South Project Development Agreement, Exhibit 2 and Exhibit 6 with "redline" changes W:12009 InfoMemos1TSDAFinalchanges6- 8 -09.doc `c 41.0 1 .:O? City of �t,� 7908 Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property," generally located between the boundaries of South 178th Street /South 180th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly desires to enter into a Development Agreement with La Pianta LLC for the Tukwila South development; and WHEREAS, a public hearing was held for this Development Agreement on May 18, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement Adopted. The City of Tukwila hereby adopts the "Development Agreement by and between the City of Tukwila and La Pianta LLC, for the Tukwila South Development," a copy of which is attached hereto as "Exhibit A" and by this reference fully incorporated herein. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachment Exhibit A Development Agreement W:\ Word Processing Ordinances Tukwila South Development Agreement.doc LV:ksn 05/28/2009 Page 1 of 1 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC, FOR THE TUKWILA SOUTH DEVELOPMENT THIS DEVELOPMENT AGREEMENT "Agreement is made and entered into this day of 2009, by and between the CITY OF TUKWILA "CITY a non charter, optional code Washington municipal corporation, and LA PIANTA LLC, a Washington limited liability company "La Pianta"). I. RECITALS WHEREAS, the Washington State Legislature has authorized the execution of development agreements between a local government and a person having ownership or control of real property within its jurisdiction and between a local government and a person owning real property outside its boundaries as part of a proposed annexation, pursuant to RCW 36.70B.170 through RCW 36.70B.210. WHEREAS, the "Tukwila South Project" (hereinafter defined) comprises approximately 512 acres of real property, which site is shown on the vicinity map attached hereto as Exhibit 1, and La Pianta owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property" and legally described in Exhibit 2. The Tukwila South Project is generally located between the boundaries of South 178 Street/South 180 Street on the north; South 204 Street on the south; Orillia Road and Interstate -5 on the west; and the Green River on the east. Approximately 259 acres will be annexed to the City pursuant to this Agreement. WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act, and the City's adopted Comprehensive Plan. The City will provide public services to the Tukwila South Property, with the exception of power and water. WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with the Tukwila South Master Plan "Master Plan The Master Plan envisions the creation of a major new employment and housing base on the Tukwila South Property. The plan calls for approximately ten million square feet of development that would be accommodated in a combination of campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech "Tukwila South Project The Tukwila South Project will use the topographic and environmental constraints of the site to define the limits of its development area, as shown on Exhibit 3 "Development Areas" and "Non- Development Areas The Tukwila South Project includes the extension of Southcenter Parkway in an alignment along the west edge of the valley floor "Southcenter Parkway Project thus, functioning as the major transportation arterial through the site. The Tukwila South Project will also contain an integrated, internal circulation system of streets, sidewalks and 05 23 0906 -08 -09 1 Exhibit A 1 pedestrian connections that link its various developments and will serve vehicles, cyclists and pedestrians. WHEREAS, La Pianta's goals for the Tukwila South Project are for a return on investment, quality public infrastructure and service, certainty regarding the costs and flexibility in how and when it develops. The City's goals in the development of the Tukwila South Property include implementing its comprehensive plan, producing positive economic impacts to the City and promoting environmental quality, mitigating financial risk for City funds, and mitigation of project impacts. WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing. WHEREAS, a public hearing for this Development Agreement was held on and the City Council approved this Development Agreement by Ordinance on WHEREAS, this Agreement constitutes a final land use action pursuant to RCW 36.70C.020 and is subject to review pursuant to RCW 36.70C.101 et seq. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long -term benefit to both the City and La Pianta, the parties hereby agree as follows: II. AGREEMENT 1. Project Description. The master planned development to be sited on the Tukwila South Property in accordance with the terms and conditions of this Agreement as well as other applicable development regulations is called the "Tukwila South Project." As used in this Agreement, the term Tukwila South Project (or "Project means the proposed development of the Tukwila South Property with a mix of uses, types and density of development, public and private infrastructure and amenities consistent with the Tukwila South Master Plan and this Agreement. 2. Zoning Approvals. 2.1 Comprehensive Plan Designation. The Tukwila South Property is described within the "Tukwila South" element of the City's 1995 Comprehensive Land Use Plan, as amended "Comprehensive Plan This includes both the portion of the property currently located within the City limits and the portion within the City's Potential Annexation Area "PAA The City's Comprehensive Plan provides for use of a master plan in the Tukwila South district to guide and authorize development. La Pianta has submitted a Master Plan which identifies its development proposal. The City's Comprehensive Plan contemplates an overlay district for the property subject to the Tukwila South Master Plan. 2 0f. 2E 9906 -08 -09 2.2 Master Plan Approval. In accordance with the City's Comprehensive Plan and TMC 18.40.075, the City approved the Tukwila South Master Plan on 2009. This Master Plan covers approximately 512 contiguous acres and provides the vision and framework for the creation of a "campus -type environment" focused on office and research facilities for emerging technology industries, along with a mix of supporting retail, residential, commercial and flex tech and hotel uses. The Master Plan is attached as Exhibit 4 to this Agreement and incorporated by this reference. The first phase of the Master Plan implementation will involve grading the entire site and installation of street and utility infrastructure. The approved Master Plan will remain in effect for the Terris of this Agreement. The Master Plan may not be amended or superseded without the consent of both parties. In addition, any amendment to the master plan must follow the process for such amendments that is in effect at the time of the request. 2.3 Sensitive Areas Overlay and Master Plan. The City Council approved the designation of Tukwila South Property as a Sensitive Area Master Plan Overlay district on 2009. La Pianta has submitted for City review a Sensitive Areas Master Plan "SAMP for the Tukwila South Property. The Department of Ecology "DOE has issued a Section 401 water quality certification for the Tukwila South Property (Certification Order No. 2877, dated November 7, 2005) (the "401 Certification Pursuant to TMC 18.45.160.G.8, the City will review the SAMP to ensure it conforms to the conditions of the 401 Certification. If the SAMP conforms to the conditions of the 401 Certification and TMC 18.45.160, the Director of Community Development will take action to approve the proposed SAMP, pursuant to TMC 18.45.160.G, within 30 calendar days after the effective date of the annexation. The Sensitive Areas Overlay and associated SAMP require mitigation of impacts to sensitive areas associated with the Tukwila South Project through build -out. 2.4 Land Use Permit Process. The above referenced plans will be implemented in phases by a series of Land Use Permit Process applications. These include but are not limited to, applications for clearing and grading permits, tree permits, building permits, shoreline substantial development permits, development permits, design review approvals, conditional use permits, planned residential developments, and such other permits and approvals described in Chapter 18.104 of the TMC and necessary to authorize development and implementation of the Master Plan approval. The Land Use Permit process requires the applicant to demonstrate consistency with the requirements of the approved Master Plan, as implemented through the Tukwila South Overlay District described in Section 2.5 below. All land use fees not specifically addressed in this Agreement will be paid at the time of permit application or when otherwise due. 2.5 Application of Tukwila South Overlay District. Consistent with the Comprehensive Plan, the City has amended the Tukwila Municipal Code "TMC to adopt the Tukwila South Overlay District as Chapter 18.40, a copy of which is attached hereto as Exhibit 5. The purpose of the Tukwila South Overlay District is to encourage innovative uses, sites and comprehensive planning of large land parcels through a master plan. The Tukwila South Overlay contains the development regulations, including commercial design guidelines, that will apply to the Tukwila South Property. The City agrees to apply the Tukwila South Overlay District regulations to the portion of the Tukwila South Property within its PAA, after that area is annexed to the City. -3- 05 23 0906 -08 -09 2.6 Shoreline Man Amendment. The City, by ordinance, has pre designated a portion of the Tukwila South Project as "Tukwila Urban" under its Shoreline Master Program/Plan, TMC Chapter 18.44 "SMP Upon completion of the annexation, the City shall, consistent with this development regulation, amend its SMP map to include the Tukwila South Property as urban. It is understood by the parties that this amendment is subject to the approval of the State Department of Ecology. The parties agree that this map designation does not vest La Pianta to any shoreline regulations under the SMP. 3. Allowable Development. 3.1 Maximum Allowable Development. Except as otherwise provided herein, the maximum allowable development in the Development Area of the Tukwila South Project shall be limited to a maximum development (including any mix of buildings and perinitted uses) that does not generate more than 10,166 Net New Trips (as defined below) from onsite development and is limited to 10.3 million square feet of new building floor area "Allowable Development For the purposes of deteinrining Allowable Development, new "building floor area" shall include new floor area generating vehicle trips, but shall not include floor area that does not generate vehicle trips, such as parking areas and mechanical space. 3.2 Site Clearing, Grading, and Coverage. Subject to the limitations of Section 3.5 below, (i) up to 100% of the Development Area, outside of sensitive area or shoreline buffers, may be cleared and graded, and (ii) in the Development Area, up to 85% of the developable area served by each stoiniwater facility may be covered with impervious surfaces. 3.3 Limit on Certain Uses. The following uses in the Tukwila South Project will be subject to the restrictions set forth in this Section 3.3: (a) Movie theaters with three (3) or fewer screens shall be a peiiiiitted use. Movie theaters with more than three (3) screens shall be treated as special permission uses (TMC 18.41.060). (b) Regional malls shall be a prohibited use. For purposes of this Agreement, "Regional Mall" shall mean an independent, retail complex of at least 500,000 square feet of building floor area (as that term is defined in Section 3.1 above) containing privately -owned indoor and outdoor walkways for shoppers traveling to and from multiple retail uses. The square footage limitation under this definition shall be applied on a project -by- project basis, and shall not be applied to the Tukwila South Property as a whole. (c) No warehouse uses will be allowed in the Tukwila South Project beyond what is in existence at the time of execution of this Agreement, and redevelopment of existing warehouses to warehouse use will not be pelnritted. Notwithstanding the foregoing, with respect to existing warehouse uses and buildings, La Pianta shall be entitled to undertake noinral maintenance and repair, reconstruction in the -4- 05 28 0906 -08 -09 event of casualty and condemnation, modifications necessary to meet current code requirements, and for each building, a one -time "minor expansion" (not exceeding 5% of building floor area). The City shall require special permission uses (TMC 18.41.060). approval for such "minor expansions 3.4 Expansion Areas. Several parcels that are not currently owned by La Pianta are located within the Project boundaries and are more particularly described and depicted in Exhibit 6. These parcels were included within the 512 acres analyzed in the Tukwila South EIS (hereinafter defined). The Tukwila South Overlay District regulations shall apply to these parcels if they are acquired and developed by La Pianta during the Term of this Agreement. Another parcel owned by La Pianta, hereinafter referred to as the "Arnold Parcel also described in Exhibit 6, was not studied as part of the Tukwila South EIS. La Pianta and the City acknowledge that the Tukwila South Overlay District regulations shall apply to the Arnold Parcel, but that additional environmental review may be necessary when La Pianta elects to develop the Arnold Parcel. In the event that La Pianta desires to develop an Expansion Area under the Development Agreement, La Pianta shall provide (i) written notice to the City, (ii) evidence of its ownership or control of the Expansion Area(s) in question or the agreement by La Pianta and the owner(s) of the Expansion Area in question to subject such area to the terms of the Agreement, and (iii) evidence that no further additional environmental analysis is required beyond that covered in the Tukwila South EIS for the development proposed. 3.5 Floodplain Development Review. Development in any areas of the Tukwila South Property lying within a 100 -year floodplain, as designated by the Federal Emergency Management Agency "FEMA shall be subject: (i) to review by the City and/or agencies with jurisdiction to ensure that such development will not result in a "take" of any endangered species in violation of federal law; and (ii) to all laws and regulations governing development within such FEMA- designated 100 -year floodplains that are in effect at the time of a complete development application (the "Floodplain Regulations The clearing and grading permit for initial, overall site development for the Tukwila South Project "Clearing and Grading Permit shall be executed in accordance with the Floodplain Regulations, as applicable. Upon completion of the clearing and grading, subject to the Clearing and Grading Peiinit, and the Levee Modification, as defined herein, La Pianta will prepare for review by the City a Letter of Map Revision "LOMR or conditional Letter of Map Revision "CLOMR The City shall forward the LOMR or CLOMR, as applicable, to FEMA for review and when the LOMB ro��is approved by FEMA, future building applications will not be subject to the Floodplain Regulations. 4. Parties Obligations Under this A €reement. This Agreement establishes certain roles and responsibilities for the development of the Tukwila South Project, including but not limited to City commitments for partial funding and construction of certain public infrastructure improvements benefiting the Tukwila South Project, as well as the community at large, and La Pianta commitments to participate in the funding of -5- 05 28 0906 -08 -09 certain public improvements, to fund all private aspects of the development and to develop the Tukwila South Property consistent with all applicable land use policies and regulations. 4.1 Annexation. Upon execution of this Agreement, La Pianta shall submit a signed 60% petition for annexation to the City of Tukwila for the portion of the Tukwila South Property located within the PAA. The City will take all steps necessary to consider the annexation in a timely manner after submittal of a signed 60% petition. In the event that La Pianta fails to submit the 60% petition, the City may terminate this Agreement upon giving 14 days notice to La Pianta. Should the annexation fail to occur by December 31, 2009 (the "Outside Annexation Date this Agreement will tee urinate and all obligations herein will be extinguished. The Outside Annexation Date shall automatically be extended for the period of any review of the annexation by the Boundary Review Board, if jurisdiction is taken, and/or the courts. For purposes of this Agreement, the "effective date of the annexation" hereunder shall be the date on which the ordinance of annexation of the Tukwila South Property adopted by the City Council is effective, final and unappealable. 4.2 Levee Modification and 404 Permit Approval. The City has submitted to the U.S. Airily Corps of Engineers, Seattle District "ACOE an application for modification of the levee system in the Tukwila South Property which will, among other things, permit the removal of the existing cross -levee structure at South 196 Street (the "Levee Modification La Pianta has submitted to ACOE an application for a Section 404 permit under the Clean Water Act, to permit the grading, filling and development of the Tukwila South Property as contemplated in the Tukwila South Master Plan (the "404 Peiurit The parties will take all reasonable steps necessary to secure from the ACOE the issuance of the Levee Modification and the 404 Peinrit in a timely manner. If either the Levee Modification or the 404 Peituit has not been issued by the Corps, and all appeal periods having passed with no appeals filed, by June 30, 2010 (the "Outside Approval Date this Agreement will terminate and all obligations herein will be extinguished. The Outside Approval Date may be extended by mutual agreement of the parties. As provided herein, the parties will place in the Escrow (as established under Section 4.8.4.6 below) all documents, payments and other undertakings required to be delivered prior to the Outside Approval Date. Upon approval of the Levee Modification and issuance of the 404 Peiniit, the Escrow Agent (hereinafter defined) shall be instructed to release, deliver or record, as appropriate, all sums and documents held in escrow unless expressly provided otherwise in this Agreement. The City shall incur no costs for the maintenance of the new levee constructed as a result of the Levee Modification. Failure of La Pianta to secure maintenance for the levee prior to issuance of the Clearing and Grading Penult, shall result in denial of said permit. 4.3 Southcenter Parkway Proiect. 4.3.1 Southcenter Parkway Proiect Design. The City shall, using grant funds secured for this Project, promptly complete the final design of the extension and relocation of Southcenter Parkway from S. 180 Street to S. 200 Street "Southcenter Parkway Project" or "SCP Project including necessary sewer, water, stormwater, natural gas, power and -6- 05 28 0906 -08 -09 telecommunications utility system improvements associated with this roadway improvement project (the "Final Design Plans as documented in the 90% drawings completed by David Evans and Associates dated September 2005 (the "90% drawings and on file with the City. The City may use up to $300,000 of the grant funds identified in Section 4.3.7 below for the purpose of completing the Final Design Plans; any costs to complete the Final Design Plans in excess of $300,000 shall be borne by the City. The Southcenter Parkway Project will provide additional access to the Tukwila Urban Center and the Tukwila South Project. Except as set forth in this subsection, the Final Design Plans shall not materially deviate from the 90% drawings without the written consent of both parties. For the purposes of this Section, the Final Design Plans shall be deemed to "materially deviate" from the 90% drawings if the Final Design Plans include modifications to the 90% drawings that will result in a construction cost increase in the aggregate of more than $250,000. The Southcenter Parkway Project will not include the relocated South 178 Street improvements or the bike lanes as specified on the 90% drawings. 4.3.2 Land Dedication for Southcenter Parkway Project. La Pianta agrees to dedicate, at no cost to the City, the land necessary to construct the Southcenter Parkway as depicted in Exhibit 7. La Pianta waives all credit for this dedication of land against any traffic impact fee assessed for the Project. In addition, La Pianta agrees to waive any claim for just compensation pursuant to RCW 8.12 and any claims under the Washington and Federal Constitutions in connection with the dedication of this right -of -way. La Pianta shall deliver a signed but undated statutory warranty deed (free of all encumbrances and easements unacceptable to the City) for this land and a signed and dated right of way easement encumbering the same property described in the deed, in commercially reasonable fo"u acceptable to the City, to the Escrow no later than 5 days after the effective date of the annexation specified in Section 4.1. Upon receipt, the City shall record the right of way easement and retain the undated deed in Escrow until the City is prepared to vacate Frager Road/Southcenter Parkway as provided in Section 4.10. Simultaneously with the transfer of the properties described in Section 4.10, the City shall cause the deed delivered by La Pianta into Escrow to be dated and recorded. If the deed and the right of way easement are not delivered in the time specified by this Section, this Agreement will terminate. For the purpose of the real estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall be for a "public use in connection with the development of real property" as provided under WAC 458 -61A -205. 4.3.3. Planning and Design Work. La Pianta has provided the following planning and design services in connection with the Southcenter Parkway Project: (i) Geotechnical reports and info' nation; (ii) Survey, topographical maps; (iii) As -built survey of utilities; (iv) Legal description of final right -of -way; (v) Plans and designs for wetland and stream mitigation, including plans for land, cost of restoration, permitting, on -going maintenance and monitoring; (vi) 30% design work; and 7 Q5 2S 9906 -08 -09 (vii) Plans and designs for temporary stormwater detention and treatment for Southcenter Parkway Project during construction, and peimanent stoimwater detention and water quality facilities for Southcenter Parkway and South 200 Street as more particularly described in Sections 4.3.5 and 5.4. 4.3.4 Hiahline/PSE /Southcenter Parkway Costs. La Pianta shall obtain power and gas utility service for the Tukwila South Project from Puget Sound Energy "PSE and water service from the Highline Water District "Highline La Pianta shall pay for all costs related to the design and construction of Highline Water systems and PSE systems for the Tukwila South Project (not including costs for which PSE and Highline are responsible for undergrounding and relocation of existing systems, as described herein). The City shall cause Highline to relocate its existing water system facilities pursuant to its franchise agreement with the City. The City shall cause PSE to relocate and underground existing power and gas system facilities pursuant to its franchise agreement with the City and applicable tariff. Any costs or fees assessed to the City by those utilities for invoking either of the franchise terms discussed in this Section shall be paid to the City by La Pianta within 30 days of invoice. 4.3.4.1 Highline Water. The City will include the work for the relocation and upgrade of the Highline Water system utilities in its SCP Project bid as a bid additive (the "Highline Work The Highline Work will be accounted for and invoiced separately from the SCP Project. The City shall enter into an agreement with Highline pursuant to which Highline shall reimburse the City for the cost of the Highline Work. La Pianta shall enter into a separate agreement with Highline pursuant to which La Pianta shall reimburse Highline for La Pianta's portion of the costs of the Highline Work. Pursuant to Section 4.8.4 of this Agreement, La Pianta shall provide the City with a letter of credit in the amount of 110% of La Pianta's portion of the estimated cost of the Highline Work as security for payment of those associated costs. In the event that Highline fails to reimburse the City, pursuant to the terms of the agreement between the City and Highline, for La Pianta's portion of the cost of the Highline Work, the City may draw upon the letter of credit as provided in Section 4.8.4. In addition, La Pianta shall provide the City with a copy of La Pianta's agreement with Highline and evidence of timely payments to Highline thereunder. 4.3.4.2 PSE. The City will exclude the work for the PSE power and gas utilities from the SCP Project bid. PSE will provide the specifications for such power and gas utility work to serve the Tukwila South Project (the "PSE Work which will be constructed in coordination with the SCP Project. The PSE Work will be conducted by third parties on behalf of PSE. The bid documents and the final construction contract for the SCP Project shall include a "cooperation clause," requiring cooperation and communication between the City (and the City's contractor on the SCP Project). La Pianta LLC and PSE or PSE's designees and contractors undertaking the PSE Work. La Pianta shall indemnify and defend the City against delay claims made by the City's contractor for the SCP Project because of the PSE Work. La Pianta shall pay (i) PSE directly for La Pianta's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 85, and (ii) the City directly for the City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74. La Pianta's obligation under this Section -8- 05 28 0906 -08 -09 4.3.4.2 shall be secured by an irrevocable standby letter of credit in the amount of 110% of the City's estimated share of the PSE Work, naming the City as beneficiary as provided in Section 4.8.4. In the event that La Pianta fails to pay the amount due under this Section 4.3.4.2 within thirty (30) days of demand by the City, the City may draw upon the letter of credit as provided in Section 4.8.4. 4.3.5 Southcenter Parkway Storm Drainage. La Pianta shall provide, at no cost to the City, sufficient capacity for all drainage from the Southcenter Parkway Project within the regional storm drainage facilities more particularly described in Section 5.4 to be constructed by La Pianta as part of the pen stormwater drainage facilities for the Tukwila South Project. La Pianta shall provide easements granting the City the right to discharge stonnwater from Southcenter Parkway and South 200 Street to La Pianta's regional stonnwater facilities. La Pianta covenants that the regional stonnwater facilities will be sized to accommodate stonnwater run -off from the Tukwila South Project, including Southcenter Parkway, South 200 Street and all other development proposed as part of the Tukwila South Project. The stormwater system includes a "South Facility" and a "North Facility both as defined in Section 5.4 below. 4.3.5.1 South Facility. Easements and stormwater facilities for the South Facility may, at the discretion of La Pianta, be temporary, provided however, that except as provided in Section 4.3.5.3 below, La Pianta shall: (i) provide permanent, no -cost easement and stormwater facilities in the South Facility prior to the issuance of the first construction permit for a new building development in the Tukwila South Project; and (ii) ensure that the South Facility will be operational and ready for use prior to the completion of the Southcenter Parkway Project. 4.3.5.2 North Facility. At La Pianta's option, stormwater to be treated in the North Facility may be piped to the South Facility for treatment and discharge on an interim basis. The development of the North Facility shall occur prior to the date on which the capacity of the South Facility is fully utilized. 4.3.5.3 WSDOT/FHWA Approval. Immediately upon execution of this Agreement, the City shall amend its submissions to WSDOT/FHWA to describe the stone drainage plan for the Southcenter Parkway Project that is more particularly set forth in Section 5.4, and shall request approval for such change. La Pianta shall cooperate in good faith to provide all necessary documentation reasonably necessary to secure WSDOT's approval of such stonnwater plan for Southcenter Parkway. In the event that the stonnwater plan for Southcenter Parkway described in Section 5.4 is not approved by WSDOT/FHWA, the City shall construct the stormwater ponds described in its original proposal to WSDOT, for treating and detaining stonnwater runoff from Southcenter Parkway and South 200 Street. In such case, La Pianta shall, within thirty (30) days of the City's written demand therefore, grant at no cost to the City temporary easements necessary to construct the stonnwater ponds needed to accommodate the stonnwater run -off from Southcenter Parkway and South 200 Street that was described in the City's original SCP Project proposal to WSDOT. The easement agreements shall provide that at such time La Pianta completes the South Facility and it is available to accommodate the run -off from Southcenter Parkway and South 200 Street, the temporary easements shall terminate and shall be replaced by permanent easements to the South Facility. -9- Q5 28 9906-08-09 4.3.6 Southcenter Parkway Bidding /Constriction. Upon the issuance of the 404 Permit contemplated in Section 4.2, the City shall be responsible for the bidding and construction of Southcenter Parkway "Southcenter Parkway Project The City shall request foinral bids from contractors for the construction of the Southcenter Parkway Project as soon as all necessary approvals and permits have been received. This Agreement is premised on the assumption that the project costs for the Southcenter Parkway Project (including the up to $300,000 allocated to completion of the Final Design Plans under Section 4.3.1 above) will not exceed available financing in the amount of $26,800,928 "Construction Cost Cap The total project cost of the Southcenter Parkway Project "Total Project Cost shall be the lowest responsible bid received by the City, and shall allow and include up to a 15% construction management allowance and a 15% project contingency allowance. For the purpose of determining whether the Total Project Cost exceeds the Construction Cost Cap, the Total Project Cost shall not include the costs for the Highline Work and PSE Work (which costs shall be paid by La Pianta and the utilities as provided in Section 4.2.4), and shall not include the City's costs for its employees in connection with or related to the management and/or supervision of the construction of the Southcenter Parkway Project, which costs the City shall bear. The City shall use commercially reasonable efforts to minimize the Total Project Cost of the Southcenter Parkway Project. For purposes of this Agreement, "commercially reasonable efforts" means the actions normally taken to reduce costs for any City project. If the Total Project Cost exceeds the Construction Cost Cap, the City shall have no obligation to construct the Southcenter Parkway Project unless La Pianta gives written notice as provided herein to the City that La Pianta shall pay such difference "Project Cost Differential In such case, the City shall send written notice to La Pianta of the Project Cost Differential, and La Pianta shall, within 15 days of receipt thereof, give the City written notice of whether La Pianta elects to pay the Project Cost Differential. If La Pianta elects to pay the Project Cost Differential, then La Pianta must provide the City cash security for such amount "Cash Security also within the 15 days. Provided that La Pianta timely provides the City such notice and Cash Security, the City shall promptly execute a construction contract for the Southcenter Parkway Project. If La Pianta does not timely provide the City with the notice and/or the cash security, the City shall reject all bids and this Agreement shall immediately terminate without further action required by any party. If La Pianta pays the Project Cost Differential, the City agrees to utilize the funds within the Construction Cost Cap prior to utilizing the Cash Security. Should any Cash Security remain after completion of the Southcenter Parkway Project, said remainder shall be refunded to La Pianta within thirty (30) days after final acceptance of the Southcenter Parkway Project. In the event of cost overruns in excess of the Total Project Cost (including Cash Security for the Project Cost Differential), the City shall promptly notify La Pianta, and La Pianta shall provide additional Cash Security equal to or greater than the amount of any overruns within ten (10) days of invoice. Upon completion of the Southcenter Parkway Project, if state or federal auditors identify any charges that fall outside the scope of work, excluding mutually agreeable change orders and agreed to modifications to the scope of work, for the Southcenter Parkway Project, La 10- 05 28 0906 -08 -09 Pianta shall be entitled to a refund for those sums identified within thirty (30) days after completion of said audit(s). 4.3.7 Southcenter Parkway Financing,. The City shall use 18,530,345.00 in state and federal grant money secured for the cost of design and construction of Southcenter Parkway Project. The City shall also utilize limited tax general obligation debt "General Obligation Bonds or other financing mechanisms to finance up to $8,250,000.00 dollars toward the construction of the Southcenter Parkway Project. In the event that any state or federal grant funds are withdrawn from the Southcenter Parkway Project prior to the Outside Approval Date (as defined in Section 4.2), the parties will use best efforts to seek replacement grant funds "Replacement Funds If the parties are unable to secure commitments for such Replacement Funds by December 31, 2010, then this Agreement will immediately teiniinate, all obligations hereunder will be extinguished, and the Escrow shall be terminated. In the event that any additional state or federal grant funds, debt or credit enhancements, including but not limited to interest rate reductions, tax credits or reimbursements, and which are not Replacement Funds, are provided to the Southcenter Parkway Project, the parties shall equally share the economic benefit of such additional measures. 4.3.8 Closure of Southcenter Parkway and Frager Road. The City shall close the existing Southcenter Parkway and Frager Road from South 180 Street to South 200 Street during the construction phase of the Southcenter Parkway Project, except for local traffic, and agrees that La Pianta can use the roadway for project purposes, without compensation to the City or the need for issuance of right -of -way penults, provided that La Pianta maintains the roadway during that period of time and La Pianta's use does not unreasonably interfere with use for local traffic. La Pianta shall ensure that local traffic may access their properties from the north access point to Tukwila South. The City acknowledges that a certain portion of Frager Road and the existing stouuwater pond near South 200 Street shall be permanently closed and removed upon issuance of a grading pellniit to La Pianta for the purpose of constructing the "Green River Off Channel Habitat Area." Provided that WSDOT approval for stormwater plan is granted pursuant to Section 4.3.5.3, the City shall penult La Pianta to use said portions of the right of way and existing detention pond for such purpose prior to conveying ownership of such parcels to La Pianta pursuant to Sections 4.10 and 4.11, provided however, La Pianta shall indemnify and hold the City haiiiiless for any claims or damages because of or arising out of La Pianta's use or possession of this land, except to the extent caused by the negligence of the City, its employees or agents. Before commencing the construction of the Green River Off Channel Habitat Area, La Pianta shall provide temporary detention of stoiniwater from South 200 Street in place of the removed stormwater pond until the South Facility is complete and operational. 4.4 Sanitary Sewer System. As outlined in the Tukwila South EIS, additional sewer capacity may be required to serve the Tukwila South Project, as the Project develops. Sewer Lift Station #2 may need to be upgraded to create sufficient pumping capacity; and the force sewer main along Andover Park West from Minkler Ave to Strander Blvd (the "Force Sewer Main may need to be upgraded to provide sufficient capacity to carry the additional flows generated by the Tukwila South Project. If at any time during the Tenn of this Agreement, a capacity analysis 11- 05 28 0906 -08 -09 of the system shows that any of the Sewer Lift Station #2, the Force Sewer Main, or any other facility within the City's sanitary sewer system necessary to provide service to the Tukwila South Property (each a "Facility is at 80% or more of its capacity, then the City shall promptly initiate its standard process of planning, financing and construction for improvement to the Facility (or more than one) necessary to provide adequate sanitary sewer service to accommodate the Allowable Development. The City will finance the construction of the Facility through bonds or any other source of City capital funding and/or through connection fees, sewer rates or other charges to be paid by all the benefited ratepayers. If the City elects to fouii a Utility Local Improvement District "ULID or other special district to pay for the Facility, La Pianta shall execute a No Protest ULID Agreement for the foiniation of an ULID to provide improvements to the sanitary sewer system as outlined herein. The No Protest agreement shall be in a form acceptable to the City. La Pianta shall be responsible for paying citywide sewer system connection charges and fees at the time of each building permit application, subject to the tennis of any applicable No Protest Agreement as described herein and La Pianta's participation in any ULID or special district assessment. Construction of the initial Southcenter Parkway sewer lines serving the Tukwila South Property will be included in the cost of the Southcenter Parkway Project, and therefore a portion of the cost of the sewer improvements will be funded by sources other than the City. La Pianta or Parcel Builders (hereinafter defined) shall pay sewer connection charges based on the total project cost. Each sewer connection charge paid by La Pianta or a Parcel Builder for the initial Southcenter Parkway sewer line shall be credited to La Pianta as O &M Revenue pursuant to Section 4.8.3. 4.5 Parks and Open Space. 4.5.1 Bike/Pedestrian Trail. Within thirty (30) days of the effective date of the annexation, La Pianta shall donate to the City an easement for a north -south trail system through the Tukwila South Property from S. 180 Street to S. 204 Street, provided however, that the City shall not peiniit the public to use the easement area until the later of: (i) three (3) years after the conveyance of the easement, or (ii) completion of initial site grading and the Green River Off Channel Habitat Area, but not later than four (4) years after the conveyance of the easement. The width of the easement shall be at a minimum -14 feet or such greater width as may be I required under the City's Shoreline Master Program. The easement shall be delivered into the Escrow. The bike /pedestrian trail shall be located along the Green River within the crown of the levee. When the new levee is constructed, as contemplated by this Agreement, the easements will be revised to follow the crown of the new levee configuration. La Pianta waives any credit for this donation against any future park impact fee assessed against the Project and waives all claims for just compensation pursuant to RCW 8.12 and State and Federal Constitutions. La Pianta shall not be responsible for costs of construction or maintenance of any improvements within the trail easement. La Pianta will develop and submit to the City for approval a plan for trails and bike /pedestrian connections within the Tukwila South Property. The Plan will identify the general goals and objectives of a system of pedestrian connections for the Tukwila South -12- 05 2S 3906 -08 -09 Property and will identify possible locations for eight (8) 14 foot wide pedestrian corridors and connections from the bike /pedestrian trail described above through the Tukwila South Property, in locations approved by La Pianta, to off -site pedestrian trails and City rights -of -way. The eight locations will include the City's existing trail connection points at South 180 Street, South 200 Street and South 204 Street. La Pianta will complete this plan and submit it for approval to the Parks and Recreation Director by December 31, 2011. 4.5.2 Green River Pedestrian Bridge. La Pianta shall be responsible for $500,000.00 toward the cost of construction of a pedestrian bridge across the Green River to the Green River Trail and Briscoe Park (the `Bridge Any additional cost for this bridge project and all peiiiiitting obligations shall be the responsibility of the City. Within thirty (30) days of the date the City notifies La Pianta that the City will make application for a grant or grants for any portion of the cost of construction of the Bridge, La Pianta shall provide to the City a letter of credit in the amount of $500,000 pursuant to Section 4.8.4.3 of this Agreement. The letter of credit shall have a teller of one (1) year (or less than one year in the initial year, as set forth in Section 4.8.4.4) and shall be renewed until the 5500,000 payment is made to the City. In the event that La Pianta fails to pay $500,000 to the City within thirty (30) days of the date the City notifies La Pianta that any grant(s) have been awarded to the City, which grants, together with other funds available to the City, will underwrite the full cost of construction of the Bridge, the City may draw upon the letter of credit as provided in Section 4.8.4. The City will use best efforts to obtain full funding to provide the additional funding necessary to complete construction of the Bridge project. If the City is unable to obtain grant funding for construction of the Bridge within five (5) years of the date of this Agreement, then La Pianta shall pay S500,000 in cash to the City within thirty (30) days after such date, or the City may thereafter draw upon the letter of credit as provided in Section 4.8.4. If the City is unable to secure adequate funding for the Bridge, the City may utilize the 5500,000.00 for general park facilities within the Tukwila South area. La Pianta waives credit for this donation against any future park impact fee assessed for the Tukwila South Project and waives any claim for just compensation pursuant to RCW 8.12 and the State and Federal Constitutions. The City and La Pianta acknowledge that construction of the Bridge will occur after December 31, 2012 when significant development has occurred within the Tukwila South Project. Prior to commencement of construction of the Bridge project, La Pianta shall grant to the City an easement in commercially reasonable form on a portion of the Tukwila South Property for the purpose of installing and maintaining bridge supports and touchdowns (the "Bridge Easement The area of the Bridge Easement shall not exceed 3,000 square feet and shall be located subject to mutual agreement of the parties, provided such location shall be within the river buffer of the City's Shoreline Master Program. If the City has obtained funding and is commencing construction of the bridge, La Pianta shall grant the Bridge Easement within thirty (30) days of the City's request. 4.5.3 Donation of Levee Easements. La Pianta will grant permanent easements, at no cost to the City, on property under its ownership, to the City of Tukwila for improvements to the City's levee system on the west side of the Green River. The easements will be sized to accommodate (i) an overall slope gradient of 2.5:1 on the river side of the levee from S. 196 Street to S. 204 Street; (ii) a slope gradient of 2:1 on the landward side of the levee from S. -13- Ef 22 0906 -08 -09 196 Street to S. 204 Street and on both sides of the levee from S. 180 Street to S. 196 Street and (iii) a 14- foot -wide levee crown. In each case, the easement area to be granted will commence at the waterside toe of the existing levee. If levee improvements are made before redevelopment in the existing Segale Business Park, the levee improvements shall not unreasonably interfere with La Pianta's use of the existing Segale Business Park. "Unreasonably interferes" shall be deemed to include, without limitation, any restriction on the use of the existing buildings or the paved areas around them. If it is determined that additional easement area is needed, the City will negotiate with La Pianta or take necessary legal action to acquire the additional easement. The easements referenced in this section shall be delivered to the Escrow within thirty (30) days of the effective date of the annexation. 4.6 Fire Service. 4.6.1 Voluntary Fire Impact Fee. Pursuant to RCW 82.02.020, La Pianta agrees to voluntarily pay a fire service mitigation fee of 50.50 per square foot for commercial/industrial development and 5500.00 per dwelling unit for residential development. If the City adopts a fire impact fee pursuant to RCW 82.02 or other enabling legislation, those impact fees will apply to the Tukwila South Project, replacing the fee set forth above, and will be assessed at the time of building permit issuance. In either case, La Pianta will not be assessed an impact fee for new development which replaces existing building square footage, currently served by Tukwila Fire, if redeveloped. 4.6.2 Donation of Land for Fire Station. La Pianta shall donate to the City up to three (3) acres of undeveloped land along Southcenter Parkway south of South 180 Street for future use as a fire station. The location of the specific property must be mutually acceptable and the property shall meet the following criteria of the City: (1) Able to accommodate a 25,000 gsf building, parking and outdoor storage (more specific detail will be provided by the City's architect no later than 180 days after execution of this Agreement); (2) level topography; (3) rectilinear site; (4) clear title (i.e., subject to liens and encumbrances approved by the City, created under this Agreement, or which are not inconsistent with the City's intended use); (5) soils capable of bearing the load of the proposed fire station without shoring, bracing, piling, or other extraordinary construction methods, and containing no hazardous substances; (6) direct access onto an arterial street; (7) located in the vicinity of S. 180 Street, but outside the shoreline environment. La Pianta shall transfer such property to the City in its as -is, where -is condition, without warranties other than good title. No credit will be given against any fire impact fee for this land donation. The parcel will be identified and agreed upon, and the deed therefore shall be delivered to the Escrow, prior to the City Council's adoption of the ordinance vacating existing Frager Road, as provided in Section 4.11 below. La Pianta will be responsible for all closing and escrow costs associated with this land donation. La Pianta waives any credit for this land donation against any fire impact fee assessed under the Tukwila Municipal Code. For the purpose of the real estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall be for a "public use in connection with the development of real property" as provided under WAC 458 -61A -205. The City agrees to cooperate with La Pianta to implement modifications to the boundaries of the fire station parcel (prior to commencement of -14- Q. 2S 99-06 -08 -09 construction of the fire station) to promote logical development of adjacent lands by La Pianta, as long as such modifications are consistent with the parameters set forth above. 4.7 Impact Fees. Nothing in this Agreement shall preclude the City from assessing duly enacted impact fees to this Project at the time of building peiiuit issuance. 4.8 City Revenues and Costs: La Pianta Financial Guarantees. 4.8.1 Operations and Maintenance Services. Pursuant to the protocols set forth in Section 4.8.3, the City will track the following revenue generated from the Tukwila South Property (including all use and development thereon): sales tax, real estate excise taxes, utility taxes, franchise fees, business license revenues, commercial parking taxes, hotel/motel tax, admission tax, where those taxes and /or fees are paid by the owners of property or businesses developed as part of the Tukwila South Project (collectively, the "O &M Revenue provided, however, that if the Washington State Department of Revenue begins to report liquor excise taxes, motor vehicle excise taxes and/or fire insurance premium taxes in such a way that they can be identified as having been generated from the Tukwila South Property, then each of those taxes that is so reported shall be included in O &M Revenue. The O &M Revenue will not include any property tax revenue from the Tukwila South Property, or any revenue from any business or land use existing or in operation on any portion of the Tukwila South Property as of the date of this Agreement. The City will also track expenditures related to providing operations and maintenance public services to new development within the Project and pre construction expenses related to the Project, including without limitation, the provision of police, fire, public works and parks services allocable to new development at Tukwila South, the pro -rata capital costs for such services (not covered by impact fees), and the pro -rata operations and maintenance expenses related to the Southcenter Parkway Project once completed (collectively, the "O &M Expenses The City covenants to use commercially reasonable efforts to minimize the O &M Expenses during the Term of this Agreement (i.e., the same efforts the City uses to minimize its O &M Expenses city wide). On or before March 31, 2010 and each March 31 thereafter, the City shall provide to La Pianta an Annual Statement (hereinafter defined). If for any year the Annual Statement shows that O &M Expenses have exceeded O &M Revenue, La Pianta shall pay the difference to the City within thirty (30) days of receipt of the Annual Statement "O &M Guarantee If for any year the Annual Statement shows that O &M Revenue has exceeded O &M Expenses, the City is not prohibited from using the excess funds for general City purposes. If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it shall nonetheless pay to the City any amount shown to be due by the Annual Statement within thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant to this Section 4.8.1, or La Pianta shall make any additional payment due, in either case within thirty (30) days of the Accountant's decision. -15- 05 28 0906 -08 -09 La Pianta's total obligation under this section 4.8.1 shall be limited to S 12,000,000. 4.8.2 General Obligation Bonds and Increased Property Tax Revenues. Pursuant to the protocols set forth in Section 4.8.3, the City shall track the Increased Property Tax Revenues from the Tukwila South Property. For the purposes of this section, "Increased Property Tax Revenues" shall mean the property tax revenue attributable to that property annexed to the City of Tukwila pursuant to this Agreement. If any Annual Statement shows that the Increased Property Tax Revenue in that year is less than the annual debt service for the General Obligation Bonds in that year "Debt Service Shortfall then La Pianta shall pay to the City within thirty (30) days of receipt of the Annual Statement a sum equal to the Debt Service Shortfall. However, notwithstanding the foregoing, (a) the City shall be responsible for debt service on the first $6,000,000 of bonds, and (b) La Pianta's yearly obligation under this Section 4.8.2 shall not in any year exceed a sum equal to the difference between the total annual debt service on the General Obligation Bonds in that year minus the debt service on $6,000,000 of those bonds in that year. If, for any year, the Annual Statement shows that Increased Property Tax Revenue has exceeded the City's annual debt service for the General Obligation Bonds in that year, the City is not prohibited from using the excess funds for general City purposes. For example, if the City issues General Obligation Bonds totaling $7,000,000, the City will be responsible for the first six sevenths of the debt service ($6,000,000 divided by S7,000,000) in each year, whether or not the Increased Property Tax Revenues are sufficient to fully provide for that portion of the debt service. If there is no Debt Service Shortfall in a given year, the City will be responsible for all of the debt service in that year. If, in this example, however, there is a Debt Service Shortfall in a year, then for that year La Pianta will be responsible for the Debt Service Shortfall up to one seventh of the debt service on those General Obligation Bonds and must make a shortfall payment to the City in that amount. In no event will the City issue more than $8.25 million of General Obligation Bonds. If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it shall nonetheless pay to the City any amount shown to be due by the Annual Statement within thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant to this Section 4.8.2, or La Pianta shall make any additional payment due, in either case within thirty (30) days of the Accountant's decision. 4.8.3 Project Revenue /City Expenditures Protocols. Within thirty (30) days of execution of this Agreement, the parties will meet and confer regarding the development of accounting protocols for tracking Project revenue and City expenditures related to the Tukwila South Project, as required under this Section 4.8. Within thirty (30) days of said meeting, the parties shall retain the services of a mutually agreeable certified public accountant with expertise in municipal accounting (the "Accountant With the assistance of the parties, the Accountant -16- 35 28 3906 -08 -09 will develop protocols for tracking revenue and expenditures consistent with the terrus of this Section 4.8. The protocols will be developed and will be reduced to writing in the form of a memorandum of understanding signed by both parties within one hundred eighty (180) days of the retention of the Accountant. Each party will share equally the cost for the Accountant's services outlined in this section. In the event that the parties do not execute the memorandum of understanding documenting the accounting protocols within one hundred eighty (180) days of the retention of the Accountant, this Agreement shall teuuinate. On or before March 31, 2010 and each March 31 thereafter, the City shall prepare a statement "Annual Statement showing the O &M Revenue, O &M Expenses, O &M Guarantee, the Increased Property Tax Revenues, the annual debt service for the General Obligation Bonds, any Debt Service Shortfall, and the portion of any Debt Service Shortfall which La Pianta has guaranteed under the terurs of this Agreement, consistent with the protocols set forth in the memorandum of understanding. If La Pianta questions the City's determination of any of the items set forth in the Annual Statement for the prior calendar year, La Pianta may request an audit of the disputed matter from the Accountant who developed the protocols, or his or her designee. Within thirty (30) days of La Pianta's request, the Accountant shall review the Annual Statement and La Pianta's dispute therewith, and render a decision based on generally accepted governmental accounting practices, the protocols, and the terms of this Agreement. The Accountant's decision shall be final and binding on the parties, excepting manifest error by the Accountant. The parties agree to cooperate in good faith with the Accountant concerning any requests for information or documentation to resolve the issue. If there is a variance of 10% or more between the Accountant's decision and the City's determination of revenue or expenditures, the City shall pay the cost of the audit. If the variance is less than 10 La Pianta shall pay the cost of the audit. 4.8.4 Security for La Pianta's Financial Guarantees. 4.8.4.1 O &M Guarantee. 4.8.4.1.1 O &M Collateral. La Pianta's obligation under Section 4.8.1 (not to exceed 812,000,000) shall be secured during the Term of this Agreement by collateral comprised of: (i) an irrevocable standby letter of credit naming the City as beneficiary "O &M LC and (ii) a first -lien deed of trust on Building No. 931 located in Segale Business Park, which is currently occupied by Qwest Communications Corporation "O &M Deed of Trust If La Pianta fails to pay timely any amount due under Section 4.8.1, the City may draw upon the O &M LC and/or foreclose on the O &M Deed of Trust as provided in this Section 4.8.4. 4.8.4.1.2 O &M LC. (a) The O &M LC shall be in the form, and meet the requirements, set forth in Section 4.8.4.4 below. The O &M LC shall be in the sum of 86,000,000 and shall be delivered to the Escrow Agent following Boundary Review Board action -17- 05 2° 35306 -08 -09 on the annexation described in Section 4.1 but no later than 10 days before the date on which the City Council is scheduled to take final action on the annexation at a public meeting. To the extent La Pianta makes any payments to the City under the O &M Guarantee, then the amount of the letter of credit shall be reduced by 50% of the total of such payments, and the credits set forth in Section 4.4, except that the amount of the O &M LC shall not be less than $2,000,000 at any time during the Term. The amount of the O &M LC shall be determined annually pursuant to the foregoing upon renewal. If a longer term O &M LC is provided, the amount shall be recalculated annually on the anniversary of the initial issuance date and may be adjusted at that time. If La Pianta is not required to make any payments to the City under the O &M Guarantee, then at any time, and from time to time, during the last five (5) years of the Term, the parties may agree to a reasonable reduction in the amount of the O &M LC, taking into consideration the remaining Term of this Agreement, the historical receipt of O &M Revenue by the City, the likely obligation of La Pianta pursuant to the O &M Guarantee, the security provided under the O &M Deed of Trust, and all other relevant factors. (b) Failure of La Pianta to provide and maintain the O &M LC at the time and in the amount required by this Section 4.8.4.1, where such failure continues after written notice from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle the City to accelerate that portion of the O &M Guarantee obligation represented by the amount of the O &M LC, draw on the O &M LC, and deposit the amount drawn "O &M Deposit into an escrow account with the Escrow Agent described in Section 4.8.4.6 (the "Escrow Agent except that in the case of a failure to provide a replacement of the O &M LC no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the O &M LC. The City may subsequently draw upon the O &M Deposit if La Pianta shall default on its obligations under the O &M Guarantee. If the City shall draw on the O &M Deposit at any time during the Tenn of this Agreement, La Pianta shall, within 30 days of notice by the City, restore the O &M Deposit to the amount required at the time the O &M Deposit was established. Upon expiration of the Term, any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide the O &M LC, and the City's remedy for failure to provide the O &M LC, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.1.3 O &M Deed of Trust. (a) The remaining 56,000,000 of La Pianta's total potential liability under the O &M Guarantee shall be secured by the O &M Deed of Trust. The O &M Deed of Trust shall be in the form attached to this Agreement as Exhibit 8 and shall be delivered to the City at the same time that the O &M LC is delivered to the Escrow Agent. La Pianta shall have the right, to substitute as security from time to time one or more deeds of trust in the same or similar form on other real estate acceptable to the City in the exercise of reasonable discretion, so long as the unencumbered value of the substituted collateral is equal to or greater than $9,000,000 as shown by a current appraisal performed by a neutral appraiser having no less than 10 years' experience appraising commercial property in the area in which the real estate is located, with appraisal cost shared equally between the parties. Any permitted -18- 05 28 0906 -08 -09 substitute deed of trust given under this Section 4.8 shall be delivered to the City in an escrow arrangement (the cost of which shall be paid by La Pianta) that provides for delivery and recording of the substitute deed of trust simultaneously with release of the original deed of trust. Substituted collateral must be located in the State of Washington, shall have an appraised value of nine million dollars ($9,000,000) or more, shall be income producing, shall be improved by structures of a quality that is the same as or similar to the improvements existing on the land encumbered by the initial deed of trust, and shall be of a character suitable as collateral for a substantial commercial loan from a recognized commercial real estate lender. The City shall not have the right to unreasonably reject proposed substitute collateral, and the characteristics listed in the previous sentence will be relevant in determining reasonableness of a City rejection. (b) In the event of a default that entitles the City to foreclose on the O &M Deed of Trust, then the O &M Deed of Trust shall provide that there shall be no default entitling the City to foreclose the O &M Deed of Trust until (1) La Pianta shall have failed after notice and 20 days to cure to pay the sum(s) required under the terms of this Agreement, (2) the City has drawn on the letter of credit (or cash deposit) securing the obligation in default to the maximum amount of the letter of credit (or cash deposit) and has applied the sum(s) so drawn to the obligation in default, and (3) there remains outstanding an additional sum due under the terms of this Agreement for which the deed of trust has been granted as security. 4.8.4.2 Southcenter Parkway Project General Obligation Bonds Guarantee. La Pianta's obligation pursuant to Section 4.8.2 of this Agreement to guarantee a portion of the General Obligation Bonds (the "Bond Guarantee shall be secured during the Teiiin of this Agreement by a separate irrevocable standby letter of credit naming the City as beneficiary "SCPW LC The amount of the SCPW LC shall be determined annually as of January 1 of each calendar year during the Term of this Agreement, and shall initially be in the amount of $185,000, and, upon issuance of the General Obligation Bonds, shall be adjusted to an amount equal to twice the average annual debt service on the Bonds for that portion of the General Obligation Bonds that exceeds $6,000,000. The SCPW LC shall be delivered to the Escrow Agent before the date on which the City awards the contract for construction of the Southcenter Parkway Project. If La Pianta fails to pay timely any amount due under Section 4.8.2, the City may draw upon the letter of credit as provided in this Section 4.8.4. Failure of La Pianta to provide and maintain the SCPW LC at the time and in the amount required by this Section 4.8.4.2, where such failure continues after written notice from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle the City to accelerate that portion of the Bond Guarantee that is represented by the amount of the SCPW LC, draw on the SCPW LC, and deposit the amount drawn "SCPW Deposit into an escrow account with the Escrow Agent, except that in the case of a failure to provide a replacement of the SCPW LC no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the SCPW LC. The City may subsequently draw upon the SCPW Deposit if La Pianta shall default on its obligation under the Bond Guarantee. If the City shall draw on the SCPW Deposit at any time during the Term of this Agreement, La Pianta shall, within 30 days of notice by the City, restore the SCPW Deposit -19- 05 28 9906 -08 -09 to the amount required at the time the SCPW Deposit was established. Upon expiration of the Term, any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide the SCPW LC, and the City's remedy for failure to provide the SCPW LC, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.3 Other Secured Obligations. For each of the remaining obligations of La Pianta under this Agreement for which security is required specifically, (i) the letter of credit required pursuant to Section 4.3.4.1 in the amount of 110% of La Pianta's portion of the Highline Work (the Highline Work LC (ii) the letter of credit required pursuant to Section 4.3.4.2 in the amount of 110% of the City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74 (the "PSE Work LC and (iii) the letter of credit required pursuant to Section 4.5.2 in the amount of $500,000 (the "Bridge LC La Pianta shall provide to the City an irrevocable standby letter of credit naming the City as beneficiary. The Highline Work LC and the PSE Work LC shall be delivered to the Escrow Agent at the same time that the SCPW LC is delivered, which shall be prior to the award of the construction contract for the Southcenter Parkway Project. The Bridge LC shall be delivered to the Escrow Agent no later than thirty (30) days after the date the City notifies La Pianta that the City will make application for a grant or grants for any cost of constructing a pedestrian bridge across the Green River to connect Tukwila South to Briscoe Park. Only upon La Pianta paying the amount due in fulfillment of an obligation secured by one of the foregoing letters of credit, the City shall release the letter of credit for that obligation, and La Pianta's obligation to provide that letter of credit shall terminate. Failure of La Pianta to provide and maintain any letter of credit at the time and in the amount required by this Section 4.8.4.3, where such failure continues after written notice from the City specifying the nature of the default and 30 days' opportunity to cure, shall constitute a default with respect to the obligation secured by that letter of credit "Secured Obligation in Default except that in the case of a failure to provide a replacement letter of credit no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the letter of credit for which no replacement has been delivered. The default shall entitle the City to draw on the letter of credit securing the Secured Obligation in Default, and deposit the amount drawn into an escrow account with the Escrow Agent. The City may subsequently draw upon that deposit if La Pianta shall default in the obligation so secured. Upon expiration of the Term or fulfillment of the obligation so secured (whichever shall first occur), any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide any letter of credit under this Section 4.8.4.3, and the City's remedy for failure to provide a letter of credit under this Section 4.8.4.3, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.4 General Terms and Conditions for the Letters of Credit. -20- 05 2° 9906-08-09 Each letter of credit provided under this Section 4.8.4 (including the O &M LC, the SCPW LC and each letter of credit provided pursuant to Section 4.8.4.3) shall be in form substantially similar to Exhibit 9. Each letter of credit shall be issued by Bank of America or, at La Pianta's option, another financial institution having a branch in the State of Washington that is reasonably acceptable to the City; provided, however, that the City shall not withhold its consent to any institution having a long teliii debt rating of at least A from Standard and Poor's Corporation, or at least Aa3 from Moody's Investors Service. Each letter of credit shall have at least a one -year term (except that any initial letter of credit may have a shorter term so that when all letters of credit have been issued they will expire simultaneously), and La Pianta shall provide the City with a replacement letter of credit 15 days prior to the expiration of the respective letter of credit, or within 90 days after the downgrade of an existing letter of credit below the long term debt rating set forth above. Each letter of credit shall provide that it will be honored by presentation or at sight at an office of the issuer upon presentation of a certificate signed by the City stating that (i) La Pianta has defaulted on an obligation under this Agreement that is secured by the letter of credit and (ii) the City is entitled to draw on the letter of credit. If any letter of credit is drawn by the City because of La Pianta's failure to provided a replacement letter of credit 15 days prior to the expiration of the existing letter of credit, or within 90 days after the downgrade of an existing letter of credit below the long term debt rating set forth above (each draw resulting in a "Deposit" pursuant to the tennis of this Section 4.8), then within five (5) after delivery to the Escrow Agent of a replacement letter of credit that complies with the requirements of this Section 4.8, the resulting Deposit shall be refunded to La Pianta except to the extent (if any) that the City shall have drawn upon the Deposit pursuant to the teinis of this Agreement. 4.8.4.5 Specific Remedy under Section 4.8.4. The City shall have the right to specific perfonnnance of La Pianta's obligations under this Section 4.8.4. 4.8.4.6 Escrow and Escrow Agent. An escrow shall be established as set forth herein (the "Escrow The Escrow Agent initially shall be The Bank of New York Mellon Trust, N.A. The Escrow Agent shall hold funds as provided in Section 4.8.4.1.2 and in this Section 4.8.4.6, and various deeds and easements as provided in this Agreement, pursuant to a written escrow agreement among the Escrow Agent, La Pianta and the City to be agreed by the parties within one hundred twenty (120) days after full execution of this Agreement. The Escrow Agent selected by the parties may be replaced by another financial institution with trust powers that has a branch in Seattle, Washington, selected by the City and approved by La Pianta (which approval shall not be unreasonably withheld). The Escrow Agent shall hold each of the letters of credit on behalf of the City and shall receive deposits of amounts and deliveries of documents as set forth in this Agreement. Upon the direction of the City, the Escrow Agent shall present and make draws on the letters of credit described in Section 4.8.4.1.1, Section 4.8.4.2 and Section 4.8.4.3. The Escrow Agreement shall also provide that the Escrow Agent shall, with or without direction from the City, draw the full amount of any letter of credit that is not replaced or extended on or before -21- 0f 2° 406 -08 -09 the date that is 15 days prior to the expiry date of that letter of credit. Upon any such withdrawal, the Escrow Agent will hold the amount drawn as an O &M Deposit, an SCPW Deposit or a deposit made pursuant to Section 4.8.4.3 and apply such amounts on deposit consistent with this Agreement. If this Agreement is not tetnuinated following the Outside Approval Date (as defined in Section 4.2 above), the Escrow Agent shall deliver all deeds and easements in the Escrow to the City for recording, with the exception of the deed to the fire station parcel pursuant to Section 4.6.2, which shall be delivered to the City at its request following adoption of the ordinance vacating existing Frager Road. The parties shall share equally the cost of the Escrow Agent for services performed pursuant to this Agreement. 4.9 Grading Permit Review. The City will complete review and issue a determination regarding La Pianta's Clearing and Grading permit application for the Tukwila South Project within 30 days of determining that such application is complete for areas outside of the shoreline jurisdiction. For areas within the shoreline jurisdiction, La Pianta shall submit a Shoreline Substantial Development Permit along with the Clearing and Grading Permit. The City will promptly review the Shoreline Substantial Development Permit, and forward its decision to the Department of Ecology for review. The City will complete review of the Clearing and Grading permit application within thirty (30) days and issue a decision after the expiration of the Department of Ecology's review period for the Shoreline Substantial Development permit. La Pianta shall segregate the Clearing and Grading permit application into separate applications for those portions of the Tukwila South Project inside and outside the 200 -foot shoreline environment, respectively, and the City shall review and issue such separate permits independently. These grading permit applications shall not operate to vest La Pianta to the SMP or any Floodplain Regulations. 4.10 South 178 Street Proiect. The Administration of the City shall recommend to the City Council that the realignment of South 178 Street, as depicted in the 90% construction drawings, be added to the City's Capital Improvement Plan. 4.11 Vacation of Fraser Road /Southcenter Parkway and the City Triangular Parcel. Pursuant to RCW 35.79.010, the City has by resolution initiated a vacation of (i) that portion of Frager Road /Southcenter Parkway described in Exhibit 7, attached hereto, and (ii) the "City Triangular Parcel," which is more particularly described in Exhibit 6 of this Agreement. The City agrees that there will be no remaining public use or benefit to that portion of Frager Road/Southcenter Parkway described in Exhibit 7 and the City Triangular Parcel, following dedication of the Southcenter Parkway right -of -way as set forth in Section 4.3.2 above. Therefore, the City shall, simultaneous with La Pianta's dedication of the Southcenter Parkway right -of -way set forth in Section 4.3.2 above, vacate Frager Road/Southcenter Parkway and the City Triangular Parcel at no cost to La Pianta and the other adjoining landowners, as applicable. The conveyance of the property to La Pianta pursuant to the vacation will occur within thirty (30) days after the completion of the Southcenter Parkway Project. 4.12 Transfer of the City Detention Pond. The City hereby deter mines that there is no remaining public use or benefit to the following property and shall transfer to La Pianta, free and clear of all encumbrances and for no additional consideration, in its as -is, where -is condition, the -22- 05 28 0906 -08 -09 "City Detention Pond," which is more particularly described in Exhibit 6 of this Agreement. Subject to the tennis set forth in Section 4.2.5, the City shall convey the City Detention Pond within thirty (30) days of the completion of the annexation. The City shall undertake all necessary actions required to declare said parcel surplus, and convey the parcel to La Pianta in the manner required by law. 5. Development Under This Agreement. The Tukwila South Project will be developed under the jurisdiction of the City pursuant to the terms and conditions of this Agreement. This Agreement sets forth the development standards, mitigation measures, and other conditions of development for the Project. Proper operation and maintenance of surface water management systems, adequate sewer service capacity, adequate public safety facilities and services, and adequate transportation facilities will be fully satisfied through La Pianta's compliance with the requirements of this Agreement. Provided La Pianta satisfies its obligations under this Agreement as such obligations may arise, the City shall provide on a timely basis the necessary City public infrastructure specified in this Agreement needed to support build -out of the Project, subject to the condition of securing the necessary funds to construct such improvements and City Council approval for such improvements. 5.1 Native Growth Protection Areas (NGPAI. No development shall be permitted to occur in a Native Growth Protection Area except trails, the Orillia Road Connector and utilities, including, but not limited to, electrical transmission lines, placement of which must be approved by the City; water and sewer system lines; access roads for levy maintenance. Clearing limitations within NGPA areas shall be those identified in the existing Tukwila Municipal Code, subject to the provisions of this Section 5.1. Clearing and ground disturbing activities associated with mitigation activities are permitted, with City permits. Once the Sensitive Areas Master Plan is implemented and mitigation areas are enhanced, restored, or created, NGPAs shall be left permanently in an undisturbed vegetated state and shall not be cleared or improved except as necessary to (1) prune or remove dead or diseased trees, and vegetation reasonably adjacent to developed areas of the Tukwila South Property, (2) remove invasive or exotic vegetation, (3) prune or remove trees or other vegetation presenting a threat to life or safety or growing over roadways, levees, drainage ditches, trails, or other corridors that must be kept clear, or (4) maintain mitigation areas; or (5) permit the work expressly described in this Section 5.1. For the purposes of this Agreement, the NGPAs on the Tukwila South Property are identified in Exhibit 3 attached hereto. 5.2 Vesting of Development Regulations. The proposed development as described in this Agreement shall vest to the following development regulations in effect on the date of execution of this Agreement (the "Development Regulations for the Ternr of this Agreement: The Tukwila Comprehensive Plan (Ord No. 2070 adopted November 22, 2004, as amended by Ordinance 2218 adopted December 15, 2008); the Tukwila Zoning Ordinance (Title 18, TMC); the Tukwila Subdivision Ordinance (Title 17, TMC); Shoreline Master Program designations and pre designations, transportation concurrency 23 05 28 0906 -08 -09 regulations; stonnwater, surface water treatment and quality, and surface water retention and detention design standards and ordinances (including the requirement of the NPDES permit effective February 2007); SEPA regulations and substantive SEPA policies. Development of the Property shall not be subject, during the Tern of this Agreement, to any amendments to, or replacements of, the Development Regulations listed above. These are rights vested under state law for purposes of RCW 36.70A.300 (3)(a). In accordance with Section 3.5 above, La Pianta will comply with the provisions of the SMP and the Floodplain Regulations in effect on the date of each complete development permit application. 5.2.1 Police Power/Pre emotion. Nothing herein relieves La Pianta of any obligations it may have during the Tenn to comply with state or federal laws or regulations of any kind, including but not limited to those related to stouii, surface water and floodplain management. The proposed development shall not be vested against the application of development standards that are imposed by virtue of state or federal pre emption of the City's regulatory authority. As provided by RCW 36.70B.170(4), the proposed development shall not vest against new development regulations to the extent the new regulations are required by a serious threat to public health and safety. 5.2.2 International Codes. The International Building Code, International Fire Code, and other construction codes in effect in the State of Washington as of the date of the filing of a complete application for a building peitnit shall apply to all new development and the redevelopment or modification of existing development. 5.2.3 Scope of Vesting. The vesting described herein shall apply for fifteen (15) years from the effective date of the annexation provided in Section 4.1 (the "Term" of the Agreement). For those development standards not specifically enumerated in this section or in Section 5.2.1, the Land Use Process approvals shall be governed by the City codes and standards in effect upon the date of complete application. 5.2.4 FEMA. La Pianta is obligated to comply with applicable FEMA National Flood Insurance Program regulations that are in effect at the date of any building, grading or clearing pennit application. 5.2.5 Optional Regulations. During the Teen of this Agreement, La Pianta may at its option develop the Property or portions thereof in accordance with new code provisions or generally applicable standards for that subject adopted after the date of execution of this Agreement, without the obligation to bring other portions of the Property into conformance with newly- adopted codes or regulations. 5.3 Transportation. 5.3.1 Concurrencv Approval. Pursuant to TMC 9.48 and TMC 21.04, the City has determined that the Tukwila South Project, up to the Trip Ceiling (hereinafter defined), meets the City's standards for transportation concurrency approval and mitigates significant adverse impacts to the City's transportation system; provided that the Tukwila South Project -24- 05 2° 9906 -08 -09 must be developed in compliance with the terms of this Agreement, including compliance with requirements that La Pianta pay transportation impact fees applicable at the time of building permit issuance. 5.3.2 Trip Ceilinm for Tukwila South Proiect. New development within the Tukwila South Project under this Agreement is limited to new development generating net new p.m. peak hour vehicle trips (inbound and outbound) "Net New Trips not exceeding the Trip Ceiling. New development within the project exceeding the Trip Ceiling shall be subject to mitigation and concurrency requirements applicable at the time of application. The number of Net New Trips for the Project for which full mitigation and concurrency approval is established under this Agreement (the "Trip Ceiling shall be 10,166 Net New Trips from new development, comprising not more than 2,646 Net New Trips inbound to the Project and not more than 7,520 Net New Trips outbound from the Project. The methodology for determining Net New Trips for any phase of the Tukwila South Project (including assumed values for trip generation and percentages for trip reductions) shall be as set forth in the Transportation Impact Study incorporated in the Tukwila South EIS for the Tukwila South Project. Trip counts shall be estimated at the perimeter of the Project site; trips internal to the Project shall not count against the Trip Ceiling. Transportation impact fees shall apply only to the Net New Trips allocated to the proposed new development. Subject to the provisions of this Agreement, these 10,166 Net New Trips shall be reserved by the City for use by La Pianta hereunder for the Tenn of this Agreement. If La Pianta is in compliance with the requirements of this Section, La Pianta will only be required to produce a trip generation study for each development project in order to identify the associated Net New Trips for that project. (a) Construction of Orillia Road Connector. La Pianta shall construct at its own expense a new 4 -lane arterial connector between Orillia Road S. and Southcenter Parkway Extension "Orillia Road Connector La Pianta shall complete construction of the Orillia Road Connector within 6 years of the time 7500 Net New PM-Trips are generated by the Project (the Ori llia Road Completion Date After the Orillia Road Completion Date, no Net New Trips from the remainder of the Trip Ceiling may be used by La Pianta until this improvement is completed and accepted by the City. La Pianta shall, at its own cost, obtain all state, federal, and local permits and approvals required for the Orillia Road Connector. Subject to applicable laws and ordinances and the terns and conditions of this Development Agreement, the City agrees to cooperate with La Pianta in obtaining such permits and approvals. The Orillia Road Connector will consist of four lanes. A diagram of the Orillia Road improvement is attached hereto as Exhibit 10. (b) If the Orillia Road Connection, required hereunder cannot be constructed within the time frame set out herein for reasons outside the control of La Pianta, then if La Pianta desires to continue with new development absent the construction of either of this improvement, La Pianta may, as an alternative to construction of the Orillia Road Connector (i) reduce or defer the amount of development proposed in the Project; (ii) implement Transportation Demand Management (TDM) strategies and/or (iii) construct other transportation system improvements "Alternative Mitigation The City shall approve such Alternative Mitigation if, with such Alternative Mitigation in place, the Project passes a test under the City's -25- 05 2° 9906 -08 -09 transportation concurrency requirements, applying the requirements of TMC 9.48 and the City's traffic concurrency ordinance. Provided that under no circumstance can the cap of 10.3 million square feet of new building floor area (as that term is defined in Section 3.1) be exceeded by implementing TDM strategies or Alternative Mitigation measures. 5.3.3 Credit for Existing Trios. As described in the Tukwila South EIS, the existing development on the Project site generates a total of 1,241 p.m. peak hour vehicle trips (298 trips inbound and 943 trips outbound) "Existing Development Trips Existing Development Trips shall not count against the Trip Ceiling, and are not subject to impact fees hereunder. Existing Development Trips may be used as a credit against trip generation from new development to the extent existing uses are peiuianently discontinued and/or existing structures are removed "Credit Trips The existing development and Existing Development Trips are set forth in Exhibit 11. La Pianta may allocate available Credit Trips to the proposed new individual development, as development occurs. 5.3.4 No Additional Transportation Concurrencv or SEPA Review Reouired. Since the City has deteimined compliance with the mitigation requirements identified in this Agreement satisfies transportation concurrency and substantive SEPA requirements for the Tukwila South Project, no additional SEPA review or transportation concurrency review shall be required for development that is within the Trip Ceiling for the Term of this Agreement, except additional SEPA review may occur as set forth in Section 6.2 below. 5.4 Stormwater Regulation. 5.4.1 Description of Surface Water Control Facilities. The surface water control facilities for the Project shall include: 5.4.1.1 Parcel storm drains. Parcel stoliu drains will provide collection and conveyance of runoff from individual development parcels to a primary trunk storm drain within Southcenter Parkway from S. 180 Street to S. 200 Street (the "Trunk Storm Drain 5.4.1.2 Trunk storm drain. The Trunk Storm Drain will drain into two detention/water quality facilities the North Basin "North Facility and the South Basin "South Facility and are more particularly described in Section 5.4.1.3. The North Basin will outflow into the S. 180 Street Pump station, which will route stogy iwater either to the Green River or into the P -17 Drainage Basin. The South Basin will outflow into the Green River. Emergency overflow of the South Basin will be discharged to Johnson Creek. 5.4.1.3 Water quality treatment and detention facilities. The stormwater control system includes two major water quality treatment and runoff control facilities (one each in the north and south portions of the site). Each facility shall be constructed as a combined water quality /detention ponds and sized to meet the water quality treatment and runoff control requirements for the area being served, including the Expansion Areas. -26- 05 28 0906 -08 -09 The South Facility shall provide at least Level 1 flow control as defined in the 2005 King County SWDM. The North Facility shall control the peak flow magnitude of runoff to at or below 75% of the designed pumping capacity of the S. 180`" Street Pump Station. Both the North and South Facilities will be open ponds, and a preliminary design of the facilities are set forth in the Tukwila South EIS. The water quality /detention facilities will operate to provide the required level of downstream peak flow control. The detention facilities will include a dead storage component for water quality and a live storage component representing the required detention volumes. The site development phasing may include phased construction of detention and water quality facilities or the use of temporary facilities for the early site development. Temporary use of the South Facility may also be used for site development within the North Basin, provided that such use does not exceed the capacity of the South Facility. 5.4.2 Stoiiuwater Standards. This Section specifies the surface water management standards applicable to the Tukwila South Project during the Ternr of the Agreement, including the existing Segale Business Park and the proposed Expansion Areas. 5.4.2.1 Vested Desi n Standards for Surface Water Control Facilities. City of Tukwila Development Guidelines and Design and Construction Standards (Second Edition, Revision 1, 2005) and the 1998 King County SWDM provide the approved methods for the analysis and design of the surface water management components for the Project during the Tenn of this Agreement, except for the South Facility where conservation flow control is required under the 2005 King County SWDM, and except for those modifications listed in Table 1 (the "Stonnwater Standards Where not otherwise specified, design standards of the 1998 King County SWDM will apply. The Stoiniwater Standards supersede any other applicable TMC, SWDM, and basin/water quality plan requirements during the Term of this Agreement. The Stormwater Standards include the Code Modifications specified in Table 1. Furthermore, some adjustments in the natural location of discharge (including minor inter subbasin diversions of runoff) will be permitted as a result of changes in development area drainage collection, detention, treatment, and outfall locations. Other adjustments from the applicable SWDM, design standards or other applicable surface water management regulations may be requested during the site plan review process and evaluated in accordance with the criteria in TMC 18.41D.090. Nothing herein shall relieve La Pianta from any obligation to comply with applicable state and federal storrnwater regulations currently in effect or adopted in the future. 27 05 2° 9906 -08 -09 TABLE 1. Code Modifications SWDM Manual SWDM Manual /TMC Code Modifications Rationale Section TMC Reference Text SWDM Core Discharge at the Natural During development, minor Other minor on -site sub -basin routing Requirement #1 Location changes to natural drainage shed through detention ponds and All surface and storm water boundaries and tributary areas are discharges to on -site wetlands etc. runoff from a proposed inevitable due to grading of are not formal variances from core project that proposes to roadways etc. requirement #1 but shall be reviewed construct new, or modify Interpretation that existing during the preliminary plat technical existing drainage facilities discharge points to the Green review or the detailed engineering must be discharged at the River do not constitute separate drainage review. natural location so as not to "natural" discharge points The existing discharge points are be diverted onto, or away man installed culverts through the from, the adjacent levee system. The Green River is a downstream property..." "managed" flow system and is a direct receiving water above and below the project site. Proposed future discharge points from post developed basins will not pose an adverse impact to the River. SWDM Core Flow Control The Manual prescribed Level 1 All runoff from the North Basin drains Requirement #3 Level 1 flow control identified flow control is not proposed for the to City stormwater pump stations. for the Site area of Tukwila North Basin runoff. The control of runoff and stormwater South detention design is geared to the capacity of these existing pump stations. This is not specifically listed in the Manual as an allowed exemption. SWDM Core Basic Water Quality Treatment Sizing methods utilizing the HSPF Would best meet the intent of the Requirement #8 Design model from the project Master design standard by utilizing Water quality design flow per Drainage Plan continuous simulation and historic KCSWDM Sec. 6.2.1 data. TMC 14.30 TMC 14.30.070 Standards All facilities would be in To allow for maximum flexibility of the Storm Water requires that all activities be accordance with the 1998 King site, and acknowledging the site Management undertaken in accordance with County Surface Water Design design particulars, adequate water the 1998 King County Surface Manual, unless site constraints or quality and detention will be provided, Water Design Manual other provisions such as LID but may vary from Manual design require variation to design specifics. specifics. -28- 28 0906 -08 -09 5.4.2.2 Grading Ordinance Design Standard Modifications. The following exceptions from Grading Ordinance No. 2062 shall apply to the Project during the Tenn of this Agreement: a. A significant tree survey and tree replacement plan are not required. b. Slope grading Slope stability and slope grading limitations shall be evaluated within site development areas based on geotechnical evaluation and applicable codes. c. A vegetative restoration plan is not required except for the wetland mitigation portions of the NGPAs. d. Project notification and permanent NGPA signs are required. e. Points of drainage discharge are not limited to the nearest practicable drainageway Required methods of managing natural discharge from springs, streams, or other natural sources are to be defined in the approved Master Stormwater Infrastructure Plan (hereinafter defined). f. Proposed modifications to surface water management provisions are governed by TMC 18.41D.090. g. Any construction activities, including site grading and building, during wet or dry seasons shall be allowed provided such activities meet with the stormwater quality requirements set forth in the NPDES Pelniit. 5.4.2.3 Impervious Area Limitations. In the "Development Area up to 85% of the developable area served by each stoiniwater facility may be covered with impervious surfaces, unless otherwise altered with City approval in the design phase. Expansion Areas described in Section 3.4 of the Development Agreement are included in the impervious area calculations. The sizing of surface water control facilities may be adjusted to reflect actual land use impervious areas in final design as indicated in the final approved Master Stonnwater Infrastructure Plan. 5.4.2.4 TESCP and NPDES Reauirements for all Construction. Temporary Erosion and Sedimentation Control Plans "TESCPs will use SWDM Best Management Practices "BMPs to minimize the extent of soils disturbance in contact with surface runoff during construction, and to maximize disturbed soil stabilization/cover practices to reduce erosion potential. This will apply to both dry and wet season construction. The TESCPs will be developed to comply with Core Requirement No. 5 and Appendix D of the SWDM, and Department of Ecology requirements as identified in the NPDES Permit. The TESCPs will be implemented in Project grading permits, which shall be submitted for City review and approval. Multiple TESCPs will be required to accommodate the phasing of site development. La Pianta shall comply with all project inspection requirements concerning surface water TESC plans that are set forth in the NPDES Peuiuit. -29- e` 2q 3106 -08 -09 5.4.3 Storniwater Infrastructure Development. 5.4.3.1 La Pianta Obligations. La Pianta shall implement the following stouuwater mitigation conditions at its sole expense, in accordance with the timing requirements set forth below: Mitigation Measures Timing 1. A temporary stouuwater treatment During the first construction season. system shall be installed per the requirements of the 1998 King County SWDM during the first construction season. Prior to its completion, all stouuwater from construction or cleared areas shall be retained on site. 2. Install a long -tezru construction Constructed and operational prior to the stolniwater polymer treatment system. start of any discharges from the site. 3. Construct the elevation of the separating During the first construction season and berm between the Green River and the prior to first wet season construction Green River Off Channel Habitat Area activities. excavation to prevent Green River inflow to the excavation during the high flow season. 4. Install a sediment curtain or similar Installation before breaching the berm measures to minimize sediment release to adjacent to the off channel habitat the Green River when the separating beam restoration project, during a time window between the Green River Off Channel defined in the Hydraulic Project Approval Habitat Area and the river is removed. (HPA) for the project. 5. Prepare and implement the SAMP Approval of SAMP plan by the wetland mitigation plan to compensate for Department of Community Development the filling of low -value wetlands. Director prior to the start of site mass grading during the first construction season; wetland mitigation construction will start the first year of construction and be complete during the third year of construction. 6. Prepare and implement a fisheries Approval of the SAMP plan by the mitigation plan pursuant to the SAMP. Department of Community Development Director prior to the start of site mass grading during the first construction season; mitigation construction will start the first year of construction and be complete during the third year of construction. 7. Construct a temporary North Facility and I Approval of the temporary North and -30- 05 28 0906 -08 -09 the South Facility as part of the peinuanent permanent South Facilities plans shall stormwater management system. occur prior to the start of site grading during the first construction season. 8. Prepare a Master Stolinwater Approval shall be obtained prior to start of Infrastructure Drainage Plan. utility worksite grading. 5.4.3.2 City Obligations. During construction of the Southcenter Parkway Project, the City shall install stormwater conveyance infrastructure, including the Trunk Stoini Drain, within Southcenter Parkway to connect to the North Facility and the South Facility. 5.4.4 Master Stoiniwater Infrastructure Plan. Master Stormwater Infrastructure Plan. La Pianta shall prepare and submit as part of the Tukwila South Project's application for a Clearing and Grading Permit, a Master Stounwater Infrastructure Plan for Tukwila South. The plan shall substantially comply with all the criteria of Section 5.4 of this Agreement including this Section 5.4.4, and be consistent with the Stoiniwater Standards of this Agreement and shall address the Tukwila South Project's compliance with the eight core requirements and five special requirements specified in Section 1.1.2.4 of the 1998 King County Surface Water Design Manual Large Site Drainage Review. The City shall review the Stoiuuwater Infrastructure Plan and may require changes if necessary to ensure overall compliance. Issuance of the Clearing and Grading Permit shall be governed by Section 4.9 herein, and approval of a final Master Stounwater Infrastructure Plan shall not be required prior to issuance of the Clearing and Grading Peuuit. 5.4.5 Monitoring. Monitoring shall be perfoimed as required under the 401 Certification and the NPDES peuuit for construction discharge issued and administered by the Washington Department of Ecology, and for Total Suspended Solids "TSS as shown in Table 2. TABLE 2 NORTH AND SOUTH FACILITIES TOTAL SUSPENDED SOLIDS (TSS) MONITORING PLAN Plan Element 1 Implementation Comments Objective Report Facility water quality performance to the City as estimated by TSS monitoring (used as performance measure in the 1998 SWDM). Monitoring Upon 70% buildout in the Begin monitoring when there is Start for Each catchment served by each Facility sufficient buildout to generate Facility TSS, but not while active construction influence persists (construction discharge to be monitored under NPDES permit -31 0` 28, 3906 -08 -09 Plan Element Implementation 1 Comments requirements). Monitoring o Five times per year Collect samples under a range Frequency o During stomis exceeding of conditions through the year, inch of rain in 24 hours but concentrating on the wetter o Four times during Oct 1 season when the majority of through March 30 (wetter discharge volume will occur. season) o One time during May 1 through Sept 30 (drier season) Monitoring Three consecutive years per Duration Facility Monitoring Grab samples at Facility outlet Samples analyzed at a Method during active rainfall Washington Certified analytical laboratory Criterion TSS (cumulative average during The 1998 King County the monitoring for each Facility) SWDM's treatment goal is to shall be lower than 20 mg/L remove 80% of TSS for flows or volumes up to and including the WW design flow or volume. Flows and volumes in excess of the WQ design flow or volume can be routed around the WQ facility or can be passed through untreated. The monitoring plan assumes that the inflow WQ will between 30 to 100 mg/L TSS and therefore proposes a criterion of 20 mg/L (80% removal of the upper estimate). Reporting Once annually to the City Within 60 days of last wet season result from the analytical laboratory. Response to The water quality perfoimance data shall be provided to the City for Data its use in making future decisions on stormwater management. If the data indicates that the North and South Facilities are not functioning properly due to improper construction or lack of required maintenance by La Pianta, then La Pianta shall remedy such condition promptly at its expense. -32- 0f 2q 3906 -08 -09 6. SEPA Compliance. 6.1 Prior SEPA Documents. Development within the Project areas as contemplated in this Agreement has been addressed and analyzed in prior environmental documents, including but not limited to environmental impact documents prepared for Tukwila's Comprehensive Plan and the Tukwila South environmental impact statement (collectively, the "SEPA Documents The SEPA documents shall constitute compliance to the fullest extent possible under SEPA for all Implementing Approvals. For purposes of this Agreement, an "Implementing Approval" means a land use approval or permit subsequent to the execution of this Agreement which implements or otherwise is consistent with this Agreement, including but not limited to plats, short plats, binding site plans, site development peuuits, grading and building peiniits and utility permits. Subject to the provisions of this Section, no further SEPA review is required, and no additional substantive SEPA mitigation measures are required beyond those set forth in this Agreement. 6.2 Further SEPA Review Limited. Except as set forth herein, no further SEPA review shall be required for the Project. The City may require additional SEPA review based only the following conditions: (a) An Implementing Approval or requested modification materially exceeds the Project Envelope (hereinafter defined) and governing Development Regulations; or (b) The City concludes (pursuant to SEPA, SEPA Rules, and City SEPA regulations) that substantial changes have been made to the Tukwila South Project so that, as mitigated, it is likely to have significant adverse impacts not previously analyzed in a SEPA environmental document, and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regulations; or (c) The City concludes (pursuant to SEPA, SEPA Rules, and City SEPA regulations) that there is new infoimation indicating probable significant adverse environmental impacts of the Tukwila South Project not previously analyzed in a SEPA environmental document which cannot be mitigated below a level of significance by applicable local, state or federal regulations. For purposes of this Agreement, "Project Envelope" means the level and range of development (including maximum structure height, floor area, bulk and use) analyzed within one of the alternatives reviewed in the Tukwila South EIS and any subsequent addenda or SEPA Documents which may be issued by the City. The Project Envelope includes all of the physical aspects of a general development plan, individual project, or other on -site or off -site physical improvements as disclosed and analyzed in -33- 05 28 0906 -08 -09 the Tukwila South EIS. As used herein, "materially exceeds" means the proposal, as mitigated, is likely to have significant adverse impacts not previously analyzed in the SEPA Documents or any other SEPA environmental document prepared for property within the Tukwila South Project area and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regulations. 6.3 Written Notice. If the City determines at any time during the Term that it intends to require additional SEPA review for any Implementing Approval, the City shall give La Pianta written notice thereof and provide La Pianta an opportunity to modify the Implementing Approval application so as to render such additional SEPA review unnecessary. 7. Dispute Resolution Process. 7.1 The parties shall use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: (a) Level One La Pianta's project manager and a City staff member appropriate to the nature of the dispute (selected from among the City's Deputy Director of DCD, Building Official, Fire Marshall or City Engineer, or a designee of any of the foregoing identified by the Administration)) shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two. (b) Level Two La Pianta's principal and the City's Community Development Director or Public Works Director (or a designee of either of the foregoing identified by the Administration) shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) business days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. (c) Level Three La Pianta's principal (or designee) and the Mayor and the City Administrator (or the City Administrator's designee) shall meet to discuss and attempt to resolve the dispute in a timely manner. Counsel for the parties shall be permitted to attend Level Three meetings. 7.2 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, either party may refer the dispute to binding arbitration, as set 34 C 28 9906 -08 -09 forth herein. At all times prior to resolution of the dispute, the parties shall continue to perfornn and make any required payments under this Agreement in the same manner and under the same Willis as existed prior to the dispute. 7.3 In the event that a dispute is referred to binding arbitration, the parties agree to the following procedure: (a) Binding arbitration between the parties pursuant to this Section shall be governed by the rules and procedures set forth in this Section. (b) Within seven (7) calendar days of the date the dispute is referred to binding arbitration, each party shall provide the other party with the names of three neutral arbitrators having significant experience in the subject matter of the dispute and in arbitrating disputes. The parties will thereafter attempt in good faith to select an arbitrator from this panel of six candidates. (c) If the parties to the dispute are unable to agree upon a single arbitrator within twenty -eight (28) calendar days of the date the dispute is referred to binding arbitration, then each party shall designate one arbitrator from its panel of three, the two arbitrators selected in that manner will choose a third arbitrator from among the remaining panel members, and this third arbitrator so selected would act as the single arbitrator for the dispute. (d) Upon selection of the arbitrator, said arbitrator shall determine the question(s) raised within fourteen (14) calendar days, unless a different period of time is otherwise agreed upon by the parties in writing, provided that issues of arbitrability may not be decided by the arbitrator. Said arbitrator shall then give both parties reasonable notice of the time (which time shall be within thirty (30) calendar days of the arbitrator's determination of the questions raised, unless a different period of time is otherwise agreed upon by the parties), and place of hearing evidence and argument; take such evidence as the arbitrator deems relevant, with witnesses required to be sworn; and hear arguments of counsel or others. (e) After consideration of all evidence, testimony and arguments, said single arbitrator shall, within thirty (30) days of completion of the hearing, promptly state such decision or award in writing. Said decision or award shall be final, binding, and conclusive on all parties to the arbitration when delivered to them, except as provided in Subsection 7.3(h). Until the arbitrator issues the first decision or award upon any question submitted for the arbitration, perfoiniance -35- 05 2 0906 -08 -09 under the Agreement shall continue in the manner and foini existing prior to the rise of such question. After delivery of said first decision or award, each party shall forthwith comply with said first decision or award immediately after receiving it. (f) La Pianta and the City shall share equally the compensation, costs, and expenses of the arbitrators, but each shall be responsible for their own fees and expenses of its own witnesses, exhibits, and counsel. La Pianta and the City shall pay the compensation, costs and expenses of the single arbitrator or the additional arbitrator in the board of arbitrators in equal shares. (g) The arbitrator shall have the authority to enter awards of equitable remedies consistent with the obligations of the City and La Pianta under this Agreement. (h) The arbitrator shall not have the authority to enter any award, the satisfaction of which by the party to be bound, would be impermissible under any law, regulation, or funding agreement to which the bound party is subject. The determination of any such impeiniissibility shall be made by a court of competent jurisdiction within the State of Washington and under the laws of the State of Washington. Any such determination shall be appealable. 7.4 This dispute resolution process will not apply to the following disputes: (i) disputes regarding the accounting of Project revenues and City expenditures; and (ii) disputes concerning the letters of credit. Any disputes regarding revenues /expenditures must utilize the dispute resolution process outlined in Section 4.8.3. Issues of arbitrability of a dispute shall be determined by the Presiding Judge, King County Superior Court. 7.5 Nothing in this Section 7 shall preclude either party from seeking injunctive or equitable relief prior to the initiation or completion of this dispute resolution process. 8. Modifications to Agreement. This Agreement contains all terms, conditions and provisions agreed upon by the parties hereto, and shall not be modified except by written amendment executed by both parties. Amendments to this Agreement that materially modify the intent and policy of the Agreement must be approved by the City Council. Other amendments may be approved by the City Mayor. 9. General Provisions. 9.1 Governing Law. This Agreement shall be governed by and interpreted in 36 C 23 2906 -08 -09 accordance with the laws of the State of Washington. 9.2 Recording. This Agreement or a memorandum thereof shall be recorded against the Tukwila South Property as a covenant running with the land and shall be binding on La Pianta, its heirs, successors and assigns until this Agreement expires on its own terms pursuant to Section 5.2.3. 9.3 Agreement Binding on Successors: Respective Obligations of La Pianta and Parcel Builders. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of La Pianta, and upon the City, except as limited and conditioned in this Agreement. La Pianta's general duties and obligations under this Agreement for the Tukwila South Project are not intended to be delegated to Parcel Builders unless a particular duty or obligation, specifically and directly related to the Development Parcel in question, is expressly imposed by the City as a teiiii or condition of an Implementing Approval for that Parcel. 9.4 ParcelBuilders' Obligations: Notice to City re Parcel Builder: Declaration of Covenants for Tukwila South Proiect. The parties acknowledge that development of the Tukwila South Project may involve transfer of undeveloped or partially developed development parcels in the Tukwila South Property or the Expansion Areas, each a "Development Parcel," to one or more Parcel Builders. Those Parcel Builders will in turn own, develop and /or occupy portions of the Tukwila South Property and buildings thereon as part of the Tukwila South Project. Parcel Builders shall be obligated with respect to all conditions of Implementing Approvals applicable to their respective Development Parcels, unless such an obligation is specifically identified in this Agreement or in the Implementing Approval as that of La Pianta. For purposes of this Agreement, a "Parcel Builder" shall mean an owner or lessee of all or a portion of the Development Area authorized for development pursuant to this Agreement, or a successor or assign of an owner or lessee, who develops and/or occupies portions of the Tukwila South Property or an Expansion Area, or develops and/or occupies buildings thereon as part of the Tukwila South Project, provided however, that building tenants shall be excluded from this definition. 9.5 Interpretation: Severability. 9.5.1 Interpretation. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall be construed to exclude from the scope of this Agreement and to reserve to the City, only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. If a Tukwila South Development Standard conflicts with an otherwise applicable provision of the Tukwila Municipal Code, the Tukwila South Development Standard shall control. -37- 05 28 0906 -08 -09 9.5.2 Severability. If any provisions of this Agreement are determined to be unenforceable or invalid in a final decree or judgment by a court of law, then the remainder of this Agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full force and effect. In that event, this Agreement shall thereafter be modified, as provided immediately hereafter, to implement the intent of the parties to the maximum extent allowable under law. The parties shall diligently seek to agree to modify the Agreement consistent with the final court determination, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed. If the parties do not mutually agree to modifications within forty -five (45) days after the final court determination, then either party may initiate the arbitration process under Section 7 for deteuiiination of the modifications that will implement the intent of this Agreement and the final court decision. 9.6 Authority. Each party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Agreement on the teinis and conditions herein stated, and to deliver and perfolin its obligations under this Agreement. 9.7 Exhibits and Appendices Incorporated. Exhibits 1 through 11 are incorporated herein by this reference as if fully set forth. 9.8 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the tennis and conditions of this Agreement. 9.9 Time of the Essence. Time is of the essence of this Agreement and of every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business day. 9.10 Entire Agreement. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Agreement supersedes all previous agreements, oral or written. 9.11 Default and Remedies. 9.11.1 Cures Taking, More Than Thirty Days. Except as expressly provided otherwise in this Agreement, no party shall be in default under this Agreement unless it has failed to perfoini as required under this Agreement for a period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be -38- 05 23 0906 -08 -09 reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. 9.11.2 Rights of Non Defaulting Party. A party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Agreement. 9.11.3 Attorneys' Fees. In any action to enforce or determine a party's rights under this Agreement, the prevailing party shall be entitled to attorney's fees and costs. 9.12 Relief Against Defaulting Party or Portion of Tukwila South Property. In recognition of the anticipated transfers by La Pianta of parcels of the Tukwila South Property to Parcel Builders, remedies under this Agreement shall be tailored to the Tukwila South Property or parties as provided below. 9.12.1 Relief Limited to Affected Development Parcel. Any claimed default shall relate as specifically as possible to the portion or Development Parcel of the Tukwila South Property involved, and any remedy against any party shall be limited to the extent possible to the owners of such portion or Development Parcel of the Tukwila South Property. 9.12.2 Relief Limited to Affected Owner. To the extent possible, the City shall seek only those remedies that do not adversely affect the rights, duties or obligations of any other nondefaulting owner of portions of the Tukwila South Property under this Agreement, and shall seek to utilize the severability provisions set forth in this Agreement. 9.13 Term. The Term of this Agreement shall be as set forth in Section 5.2.3 above. Until such time as the City revises the comprehensive plan or development regulations which apply to Tukwila South during the Tei of this Agreement, the goals of the comprehensive plan and the development regulations to which the project vests will continue to apply to the Tukwila South Property following the expiration of this Agreement. 9.14 No Third -Party Beneficiary. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. Parcel Builders in Tukwila South shall be deemed to be successors under this provision. 9.15 Interpretation. This Agreement has been reviewed and revised by legal counsel for both parties, and no presumption or rule construing ambiguity against the -39- 05 28 0906 -08 -09 drafter of the document shall apply to the interpretation or enforcement of this Agreement. 9.16 Notice. All communications, notices, and demands of any kind that a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 Attn: Mayor's Office and Director of Public Works and Director of Community Development If to La Pianta: La Pianta LLC P.O. Box 88028 Tukwila, Washington 98138 -2028 Attn: Mr. Mark A. Segale Notice by hand delivery or facsimile shall be effective upon receipt, provided that notice by facsimile shall be accompanied by mailed notice as set forth herein and shall be evidenced by a machine- printed confiiniation of successful transmission. If deposited in the mail, certified mail, return receipt requested, notice shall be deemed delivered forty eight (48) hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. 9.17 Delays. If either party is delayed in the performance of its obligations under this Agreement due to Force Majeure, then performance of those obligations shall be excused for the period of delay. For purposes of this Agreement, economic downturns, loss in value of La Pianta assets, inability to obtain or retain financing, do not constitute a force majeure event. 9.18 Payments. Any payments made pursuant to the terns of this Agreement shall be made within thirty days of invoice, unless otherwise specified in the Agreement. Any late payments shall be subject to interest charges at the rate of 12% per annum. 9.19 Indemnification. Except as otherwise specifically provided elsewhere in this Agreement and any exhibits hereto, each party shall protect, defend, indemnify and hold haiiiiless 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 -40- €5 28 3906 -08 -09 or omission of the party's own officers, agents, and employees in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a party, the party whose negligent action or omissions gave rise to the claim shall defend the other party at the indemnifying party's sole cost and expense; and if final judgment be rendered against the other party and its officers, agents, and employees or jointly the parties and their respective officers, agents, and employees, the parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each party shall indemnify and hold the other parties haiinless only to the extent of that party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. 9.20 Tukwila South Proiect is a Private Undertakin. The Tukwila South Project is a private development and the City has no interest therein except as authorized in the exercise of its governmental functions. In Witness Whereof, the parties have caused this Agreement to be executed, effective on the day and year set forth on the first page hereof. -41- 0` 22 9906 -08 -09 CITY OF TUKWILA, a Washington municipal corporation By: Jim Haggerton, Mayor Date: ATTEST: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: City Attorney La Pianta LLC, a Washington limited liability corporation By: Metro Land Development, Inc., Its: Manager By: M.A. Segale, President Date: -42- 05 28 0906 -08 -09 Exhibit 1 MOACIION.PLAN 03 03102 03102.11.aulg N -46% 11 4 .01 111 4s4. 1 Im.....suith _J num lin w 1111 Weil I 4•• HERM n0111111 Ci•ir Crw' 111111111 ounlin K 1144 wmi min it! =INN H F Nit wwwwr arg, 1 r„ I °A' 1 0 01 111111114 alarc 11 11 Po. g1 17 mner 14 aon1111 111 mg. ir MN, rat 1 .1111M =MIN mai 211111 11111111 2, 11 ittio I. FI I l• MU 4, Mr* 41 *111 .111 ma law MUNI MI= =M. MEM NEM. 111 •m0. •1 NOM sons IUU 1 111 1. 03102.11g !WIELD 04/13/09 11:09 c 3 1 1 11 1 1 1 11 11 11 z t. r- m _J E=W1J "Awn h— N co co I ov PARCEL 022204 -9008: EXHIBIT 2 TUKWILA SOUTH PROPERTY LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 AN ARC DISTANCE OF 191.75 FEET TO THE TRUE PONT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE EN THE COUNTY OF KING, STATE OF WASHNGTON. PARCEL 022204 -9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO NTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST %4 OF THE NORTHWEST i/4 OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE ver. 05 -26 -09 Exhibit 2 -1 CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF -WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO K iING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEG-MINING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST ver. 05 -26 -09 Exhibit 2 -2 1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KNG COUNTY, WASHNGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 N SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LNE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING ver. 05 -26 -09 Exhibit 2 -3 COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 N SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 TRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE N THE COUNTY OF KING, STATE OF WASHNGTON. PARCEL 022204 -9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 N SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNENG AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; G; EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT DVS WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9043: ver. 05 -26 -09 Exhibit 2-4 THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 1 /4 OF THE NORTHWEST 1/4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST 1 /4 OF THE NORTHWEST 1 /4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED EN VOLUME 4 OF SURVEYS, ver. 05 -26 -09 Exhibit 2 -5 PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900 -0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9006: THE SOUTHEAST 1/4 OF THE NORTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE ver. 05 -26 -09 Exhibit 2 -6 NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT OF-WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 9047:. THAT PORTION OF THE NORTHEAST 1 /4 OF THE NORTHEAST 1 /4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND Pith MARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 N SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINTT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE N THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 9056:, THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST 1 /4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1 /4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF ver. 05 -26 -09 Exhibit 2 -7 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; ENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH 27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET; THENCE SOUTH 51 °58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH vet. 05 -26 -09 Exhibit 2 -8 STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE N THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1 /4 OF THE NORTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, If ANY, THAT LIES WITHN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9092: THAT PORTION OF THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST 1 /4 OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE PONT OF BEGINNING; THENCE CONTINUNG SOUTH 01° 11'00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 1 /4; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A PONT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE ver. 05 -26 -09 Exhibit 2 -9 SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEG INNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 1 /4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN K NG COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9106: A PORTION OF THE WEST %2 OF THE NORTHWEST 1 /4 OF SECTION 2 AND THE EAST %2 OF THE NORTHEAST V4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEM MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF K NIG COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 262304 -9065: THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 vet. 05 -26 -09 Exhibit 2 -10 OF SECTION 26; THENCE NORTH 87 °45'57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY; THENCE CONTINUING NORTH 87 °45'57" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 680 FEET, MORE OR LESS, TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 39.0 FEET NORTHWESTERLY OF THE CENTER LINE OF A 19 FOOT RAILROAD EASEMENT ESTABLISHED BY INSTRUMENT RECORDED UNDER RECORDING NO. 6643573 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 16 °18'55" EAST ALONG SAID PARALLEL LINE 92 FEET, MORE OR LESS, TO THE CENTER LINE OF A 40 FOOT DRAINAGE EASEMENT GRANTED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER RECORDING NO. 6233536; THENCE NORTH 50 °38'32" WEST ALONG SAID DRAINAGE EASEMENT CENTER LINE 224 FEET, MORE OR LESS, TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 26; THENCE SOUTH 00 °56'36" WEST ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST ALONG THE SOUTH LENT OF SAID SUBDIVISION TO THE TRUE POINT OF BEGINNING; TOGETHER WITH ALL RIGHTS IN THOSE CERTAIN 15 FOOT EASEMENTS RESERVED IN DOCUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 7701050685 AND 7701050686; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9008: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF MUSIEL ROAD; EXCEPT THAT PORTION THEREOF. PURSUANT TO THE CITY OF TUKWILA ORDINANCE 626. RECORDED UNDER RECORDING NO. 6671631, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST OUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35. NORTH 87 °50'57" WEST, 319.21 FEET FROM THE SOUTHEAST CORNER THEREOF: THENCE NORTH 20 °03'27" EAST, 31.53 FEET: THENCE SOUTH 87 °50'57" EAST, 96.47 FEET: THENCE ALONG THE ARC AT THE CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 15°16'16" AN ARC DISTANCE OF 13.33 FEET: THENCE SOUTH 24 °56'33" EAST, 35.68 FEET TO THE SOUTH LINE OF SAID SUBDIVISION: THENCE NORTH 87 °50'57" WEST, 135.58 FEET TO THE POINT OF BEGINNING: TOGETHER WITH THE VACATED PORTION OF MUSTF.L ROAD ADJOINING,, PURSUANT TO THE CITY OF TUKWILA ORDINANCE 626, RECORDED UNDER ver. 05 -26 -09 Exhibit 2 -11 RECORDING NO. 6671631. WHICH, UPON VACATION. ATTACHED BY OPERATION OF LAW, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER, OF THE NORTHWEST QUARTER OF SAID SECTION 35: THENCE NORTH 87 °50'57" WEST. ALONG THE SOUTH LINE THEREOF, 319.21 FEET; THENCE NORTH 20 °03'27" EAST. 31.53 FEET TO THE TRUE POINT OF BEGINNING: THENCE NORTH 87 °50'57" WEST. 31.53 FEET: THENCE NORTH 20 °03'27" EAST, 221.29 FEET; THENCE SOUTH 24 °03'27" EAST, 216.19 FEET: THENCE WESTERLY. ALONG AN ARC OF CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET. THE RADIAL PONT OF WHICH BEARS NORTH 48 °12'58" WEST, THROUGH A CENTRAL ANGLE OF 35 °05'45" AN ARC DISTANCE OF 30.63 FEET; THENCE NORTH 24 °56'33" WEST. 146.77 FEET; THENCE SOUTH 20 °03'27" WEST, 139.18 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9009: THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87 °45'57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1 /4, A DISTANCE OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 11 °59'33" EAST, ALONG SAID WEST MARGIN, A DISTANCE OF 41.27 FEET; THENCE NORTH 87 °45'57" WEST A DISTANCE OF 229.11 FEET; THENCE SOUTH 42 °30'27" WEST A DISTANCE OF 695.97 FEET; THENCE SOUTH 52 °44'03" EAST TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE WESTERLY, ALONG SAID SOUTH LINE, TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE NORTH 01 °49'41" EAST, ALONG SAID EAST LINE, TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE SOUTH 87 °45'57" EAST, ALONG THE NORTH LINE, OF SAID NORTHWEST 1 /4, A DISTANCE OF 831.10 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF SAID TRACT LYING WITHIN THE BOUNDARIES OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA -8 -79, RECORDED UNDER KING COUNTY RECORDING NO. 7908230752; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. ver. 05 -26 -09 Exhibit 2 -12 PARCEL 352304 -9013: THAT PORTION OF THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY LINE OF SAID SUBDIVISION AT A PONT 657.02 FEET WESTERLY OF THE NTERSECTION OF SAID SOUTHERLY LINE WITH THE WESTERLY LINE OF COUNTY ROAD NO. 540 (57TH AVENUE SOUTH), SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED N NSTRUMENT RECORDED UNDER RECORDNG NO. 4744487; THENCE NORTH 16 °21'00" EAST 831.38 FEET TO THE NORTHWESTERLY CORNER OF SAID CERTAIN TRACT OF LAND; THENCE SOUTH 87 °53'30" EAST 504.80 FEET; THENCE NORTH 60 °47'30" EAST 206.43 FEET TO THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE WESTERLY LINE THEREOF TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °5101" EAST, ALONG THE NORTH LINE OF SAID SUBDIVISION 800 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH PERPENDICULAR TO THE SAID NORTH LINE OF SAID SUBDIVISION 250 FEET; THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF SAID SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540; THENCE NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY ROAD TO THE NTERSECTION WITH THE SAID NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 87 °51'01" WEST ALONG SAID NORTH LINE OF SAID SUBDIVISION 335 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °49'45" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 566.20 FEET; THENCE NORTH 63 °06'45" EAST 485.45 FEET TO AN IRON PIPE AT THE NORTHWESTERLY CORNER OF SAID CERTAIN TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 4744487; THENCE SOUTH 18 °30'20" WEST ALONG THE WESTERLY LINE OF SAID TRACT 835.35 FEET TO THE SOUTH LINE OF THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SAID SECTION; THENCE NORTH 87 °56'03" WEST ALONG SAID SOUTH LIVE 186.03 FEET TO THE POINT OF BEGINNING; AND EXCEPT COUNTY ROADS; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9015: ver. 05 -26 -09 Exhibit 2 -13 PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L06 -029 RECORDED UNDER RECORDING NO. 20060913900003; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40" EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS NTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED N VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE N THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9018: LOT B OF BOUNDARY LINE ADJUSTMENT NO. L99 -0008, RECORDED UNDER KING COUNTY RECORDING NO. 9906099010, RECORDS OF KING COUNTY, WASHINGTON; BEING A PORTION OF GOVERNMENT LOT 5 N SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9019: THAT PORTION OF THE SOUTHWEST 1 /4 OF THE NORTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING SOUTH AND WEST OF P.J. MUS I HL ROAD (SOUTH 178TH STREET), DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1 /4 OF THE NORTHEAST Y4 OF THE NORTHWEST 1/40F SAID SECTION; THENCE SOUTH 87 °50'57" EAST 286.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 23 °27'57" EAST 147.13 FEET; THENCE SOUTH 87 °50'57" EAST 25 FEET; THENCE NORTH 23 °27'57" EAST 180 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY MARGIN OF SAID P.J. MUSIEL ROAD; THENCE SOUTH 55 °13'03" EAST ALONG SAID SOUTHERLY MARGIN 195.78 FEET; THENCE ALONG THE WESTERLY MARGIN OF SAID MUSIEL ROAD SOUTH 29 °37'57" WEST 224.57 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE NORTH 87 °50'57" WEST ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE ver. 05 -26 -09 Exhibit 2 -14 SOUTHWEST Y4 OF THE NORTHEAST V4 OF THE NORTHWEST %4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE SOUTH LINE THEREOF, SOUTH 87 °50'57" EAST 365.16 FEET; THENCE NORTH 02 °09'03" EAST 137.09 FEET; THENCE NORTH 23°2T57" EAST 179.32 FEET TO THE SOUTHWESTERLY MARGIN OF SOUTH 178TH STREET; THENCE ALONG SAID MARGIN SOUTH 60 °38'09" EAST 10.11 FEET; THENCE ALONG SAID MARGIN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 208.74 FEET, A DISTANCE OF 10.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE OF 70.00 FEET; THENCE SOUTH 21 °38'27" WEST 120.39 FEET; THENCE NORTH 68 °5T03" WEST 70.06 FEET; THENCE NORTH 23 °27'57" EAST 145.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6405581; TOGETHER WITH THOSE PORTIONS OF MUS 11 ROAD (SOUTH 178TH STREET) VACATED BY THE CITY OF TUKWILA BY ORDNANCE NO. 556 WHICH ATTACHED THERETO BY OPERATION OF LAW; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9025: THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 01 °49'41" WEST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35, A DISTANCE OF 757.08 FEET TO THE NORTHERLY MARGIN OF SOUTH 178TH STREET (P.J. MUSIFL COUNTY ROAD); THENCE NORTH 65 °22'03" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 240.64 FEET; THENCE NORTH 47 °46'03" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 341.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF PRIMARY STATE HIGHWAY NO. 1 (JUNCTION S. S. H. NO. 5A TO SOUTH 178TH STREET); THENCE NORTH 09 °32'33" EAST, ALONG SAID EAST RIGHT OF -WAY LINE, A DISTANCE OF 240.39 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 11,199.16 FEET, AN ARC DISTANCE OF 209.74 FEET, THROUGH A CENTRAL ANGLE OF 01°04'23", TO THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 87 °45'57" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 419.14 FEET TO THE TRUE POINT OF BEGENNING; TOGETHER WITH THAT PORTION OF VACATED SOUTH 178TH STREET ADJOINING, PURSUANT TO ORDINANCE NO. 8238, WHICH UPON VACATION, ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9027: ver. 05 -26 -09 Exhibit 2 -15 THE NORTH 25.25 FEET OF THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87 °45'57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 481.05 FEET, TO THE WESTERLY MARGIN OF THE SOUTHCENTER PARKWAY; THENCE SOUTH 11 °59'33" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE CONTINUING SOUTH 11 °59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE SOUTH 78 °00'27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT ON THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH 20 °03'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET; THENCE NORTH 87 °50'57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08 FEET TO A PONT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85 °35'34 TO A POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE LEFT HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06 °16'3T', TO THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH 29 °42'27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE NORTH 55 °08'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET TO THE TRUE POINT OF BEGINNING, AND FROM WHICH SAID TRUE POJI TT OF BEGINNING, POINT "A" WHICH IS TO BE USED FOR LATER REFERENCE HEREIN, LIES NORTH 37 °55'55" EAST, A DISTANCE OF 173.09 FEET; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 62 °56'38" WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 157.50 FEET, THROUGH A CENTRAL ANGLE OF 33 °34'48 THENCE NORTH 60 °38'10" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 204.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 508.59 FEET, AN ARC DISTANCE OF 25.52 FEET, THROUGH A CENTRAL ANGLE OF 02 °5T29 THENCE NORTH 63 °30'39" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 290.59 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 01 °49'41" EAST, ALONG SAID WEST LINE, TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE EASTERLY, ALONG SAID SOUTH LINE, TO INTERSECT A LINE WHICH BEARS NORTH 52 °44'03" WEST FROM THE AFOREMENTIONED POINT "A THENCE SOUTH 52 °44'03" ver. 05 -26 -09 Exhibit 2 -16 EAST TO SAID POINT "A WHICH POINT IS THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630; THENCE SOUTH 37 °55'55" WEST 173.09 FEET TO THE TRUE POINT OF BEGINNING; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9032: THAT PORTION OF THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 88° 53' 32" WEST ALONG THE NORTH LINE THEREOF, 101.47 FEET; THENCE SOUTH 08° 43'18" WEST 477.17 FEET; THENCE SOUTH 17° 59' 30" WEST 247.69 TO THE TRUE PONT OF BEGINNING; THENCE CONTINUING SOUTH 17° 59' 30" WEST 151.00 FEET; THENCE SOUTH 71° 43' 40" EAST 203.51 FEET; THENCE NORTH 16° 28' 50" EAST 151.08 FEET; THENCE NORTH 71° 43' 40" WEST 199.53 FEET TO THE TRUE PONT OF BEGINNING; EXCEPTING THEREFROM THE COUNTY ROAD; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9033: THE SOUTH 660 FEET OF THE SOUTHWEST %4 OF THE NORTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 792 FEET THEREOF; AND EXCEPT THAT PORTION LYING NORTHWEST OF THE CITY OF SEATAC CITY OF TUKWILA CORPORATE BOUNDARY AS ESTABLISHED BY TUKWILA ORDINANCE #269. PARCEL 352304 -9036: PARCEL C OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L99- 0008, AS RECORDED UNDER RECORDING NO. 9906099010, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9038: PARCEL A: THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87 °45'57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 481.05 FEET, TO THE WESTERLY MARGIN OF THE SOUTHCENTER ver. 05 -26 -09 Exhibit 2 -17 PARKWAY; THENCE SOUTH 11 °59'33" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE CONTINUING SOUTH 11 °59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE SOUTH 78 °00'27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT ON THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH 20 °03'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET;THENCE NORTH 87 °50'57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08 FEET TO A POINT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85 °35'34 TO A POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGN, ON A CURVE TO THE LEFT HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06 °16'32 TO THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH 29 °4T27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE NORTH 55 °08'33" WEST, ALONG SAID OLD CENTERLNE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET TO THE TRUE POINT OF BEGINNING, AND FROM WHICH SAID TRUE POINT OF BEGINNING, POINT "A" WHICH IS TO BE USED FOR LATER REFERENCE HEREIN, LIES NORTH 37 °55'55" EAST, A DISTANCE OF 173.09 FEET; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 62 °56'38" WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 157.50 FEET, THROUGH A CENTRAL ANGLE OF 33 °34'48 THENCE NORTH 60 °38'10" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 204.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 508.59 FEET, AN ARC DISTANCE OF 25.52 FEET, THROUGH A CENTRAL ANGLE OF 02 °52'29 THENCE NORTH 63 °30'39" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 290.59 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 01 °49'41" EAST, ALONG SAID WEST LINE, TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE EASTERLY, ALONG SAID SOUTH LINE, TO INTERSECT A LINE WHICH BEARS NORTH 52 °44'03" WEST FROM THE AFOREMENTIONED POINT "A THENCE SOUTH 52 °44'03" EAST TO SAID POINT "A WHICH POINT IS THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630; THENCE SOUTH 37 °55'55" WEST 173.09 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 25.25 FEET THEREOF; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHNGTON. ver. 05 -26 -09 Exhibit 2 -18 PARCEL B: THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 THENCE NORTH 87 °45'57" WEST, ALONG THE NORTH LINTE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 481.05 FEET, TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 11 °59'33" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 11 °59'33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE SOUTH 78 °00'27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT OF THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J. MUSTRL COUNTY ROAD); THENCE SOUTH 20 °03'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET; THENCE NORTH 87 °50'57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08 FEET TO A POINT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE RIGHT HAVING A RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85 °35'34" TO A POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06 °16'32" TO THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH 29 °42'27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE NORTH 55 °08'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET; THENCE NORTH 37 °55'55" EAST 173.09 FEET TO THE MOST SOUTHERLY CORNIER OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID CONVEYED TRACT, NORTH 42 °30'27" EAST, A DISTANCE OF 106.34 FEET, ALONG THE SOUTHEASTERLY LINE OF AMERICAN NATIONAL INSURANCE'S TRACT TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF A TRACT CONVEYED TO LAUREL DEVELOPMENT CO., A WASHINGTON CORPORATION, BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 7611100056; THENCE ALONG THE SOUTHERLY LINE OF SAID LAUREL DEVELOPMENT CO. TRACT, SOUTH 51 °25'11" EAST, A DISTANCE OF 57.27 FEET; THENCE SOUTH 45 °56'15" EAST A DISTANCE OF 62.15 FEET; THENCE SOUTH 51 °32'16" EAST A DISTANCE OF 47.25 FEET; THENCE SOUTH 76 °3122" EAST A DISTANCE OF 72.20 FEET; THENCE SOUTH 87 °45'57" EAST A DISTANCE OF ver. 05 -26 -09 Exhibit 2 -19 120.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9040: THAT PORTION OF THE SOUTHEAST %4 OF THE NORTHWEST 1/40F SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °5F01" EAST ALONG THE NORTH LINE OF SAID SUBDIVISION 800.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH PERPENDICULAR TO THE SAID NORTH LINE OF SAID SUBDIVISION 250.00 FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE OF SAID SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540; THENCE NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY ROAD TO THE INTERSECTION, WITH THE SAID NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 87°5T01" WEST ALONG SAID NORTH LINE OF SAID SUBDIVISION 335.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT COUNTY ROAD; EXCEPT THAT PORTION CONDEMNED IN KING COUNTY CAUSE NO. 698092 BY THE CITY OF TUKWILA FOR ROAD PURPOSES; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF TUKWILA IN CONCOMITANT ZONING AGREEMENT RECORDED UNDER RECORDING NO. 8708270391; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9041: THAT PORTION OF THE SOUTHWEST 1 /4 OF THE SOUTHWEST 1/4 AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID ver. 05 -26 -09 Exhibit 2 -20 LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9045: THAT PORTION OF THE SOUTHWEST OF THE SOUTHWEST %4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNE TG AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 87° 59' 06" EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4, 835.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87° 59' 06" EAST, ALONG SAID SOUTH LINE, 438.99 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76; THENCE NORTH 01° 53' 23" WEST, ALONG SAID MARGIN, 216.74 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 306.48 FEET, THROUGH A CENTRAL ANGLE OF 02° 52' 12 AN ARC DISTANCE OF 15.35 FEET TO A SURVEY MONUMENT ON THE SOUTH LINE OF THE NORTH 1,089.31 FEET OF SAID SOUTHWEST 1 /4 OF THE SOUTHWEST 1/4 OF SECTION 35; THENCE NORTH 87° 57' 17" WEST ON THE SOUTH LINE, 331.09 FEET, MORE OR LESS, TO A SURVEY MONUMENT; THENCE NORTH 47° 11' 37" WEST 32.95 FEET; THENCE SOUTH 16° 56' 40" WEST 262.12 FEET TO THE TRUE PONT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9049: THE NORTH 490 FEET OF THE EAST 100 FEET OF THAT PORTION OF THE SOUTHWEST 1 /4 OF THE SOUTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH BOUNDARY LINE OF THE SOUTHWEST %4 OF THE SOUTHWEST OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS NORTH 89 °03'20" WEST, A DISTANCE OF 507.00 FEET; THENCE ALONG SAID SOUTH LINE SOUTH 89 °03'20" EAST TO THE WESTERLY LINE OF COUNTY ver. 05 -26 -09 Exhibit 2 -21 ROAD; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE OF SAID COUNTY ROAD, TO ITS INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST 'V4 OF THE SOUTHWEST OF SECTION 35; THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE THEREOF, 100.00 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION 490.00 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 1238.31 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG SAID WEST LINE TO ITS NTERSECTION WITH THE NORTHEASTERLY LINE OF THE ORILLIA ROAD EXTENSION; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF SAID ROAD TO ITS NTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND HERETOFORE CONVEYED TO KING COUNTY BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, RECORDS OF KING COUNTY, RECORDED UNDER RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE TO AN ANGLE POINT HEREIN;THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT, 731.2 FEET TO THE PLACE OF BEGINNING; EXCEPT ANY PORTION THEREOF LYING WITHIN A TRACT OF LAND CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 3353356; SITUATE IN THE, CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET N THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9051: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE ORILLIA ROAD EXTENSION, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 35;THENCE SOUTH 87 °56'00" EAST ALONG EAST AND WEST CENTER LINE ver. 05 -26 -09 Exhibit 2 -22 960 FEET; THENCE SOUTH 53 °24'59" WEST 727.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 °42'02" EAST 1144.63 FEET TO SOUTH LINE OF NORTHWEST QUARTER OF SOUTHWEST QUARTER; THENCE SOUTH 87 °57'00" EAST ALONG SAID SOUTH LINE 100 FEET TO SOUTHEAST CORNER SAID SUBDIVISION; HENCE NORTH 04 °04'00" EAST ALONG EAST LINE TO A POINT BEAR 1NG SOUTH 85 °56'00" EAST FROM BEGINNING; THENCE NORTH 85 °56'00" WEST TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION LYING WITHIN THAT CERTAIN TRACT CONVEYED TO CHARLES C. STRONG AND OTHERS, DATED JULY 5, 1904, AND RECORDED UNTDER RECORDING NO. 322573; AND EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SC# 590470 FOR PRIMARY STATE HIGHWAY NO. 1. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9055: LOT 1 OF SHORT PLAT NO. 86- 45 -SS, RECORDED UNDER KING COUNTY RECORDING NO. 8609081152; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH 15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH ver. 05 -26 -09 Exhibit 2 -23 87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE I\T THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9068: THAT PORTION OF THE SOUTHWEST %4 OF THE SOUTHWEST V4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 04° 04' 20" WEST, ALONG THE EASTERLY LINE OF SAID SUBDIVISION, A DISTANCE OF 490 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87° 57' 17" WEST, PARALLEL WITH THE NORTHERLY LINE OF SAID SUBDIVISION, A DISTANCE OF 843.32 FEET TO A POINT WHICH IS SOUTH 87° 57' 17" EAST 495 FEET FROM THE WESTERLY LINE OF SAID SUBDIVISION; THENCE SOUTH 282.00 FEET TO THE THREAD OF A CREEK FLOWING SOUTHEASTERLY; THENCE SOUTH 47° 11' 37" EAST 486.74 FEET TO A PONT ON THE THREAD OF SAID CREEK; THENCE SOUTH 87° 57' 17" EAST 338.76 FEET TO AN ItiNTERSECTION WITH THE WESTERLY MARGIN OF MESS BROS. COUNTY ROAD NO. 76 (57TH AVENUE SOUTH) AS PRESENTLY LOCATED AND HAVING A TOTAL RIGHT OF WAY WIDTH OF 40 FEET; THENCE ALONG SAID ROAD MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 306.48 FEET, THE CENTER OF WHICH BEARS SOUTH 88° 40' 12" EAST, AN ARC DISTANCE OF 143.56 FEET; THENCE NORTH 28° 10' 08" EAST 191.48 FEET TO AN NTERSECTION OF SAID ROAD MARGIN WITH THE EASTERLY LINE OF SAID SUBDIVISION; THENCE NORTH 04° 04' 20" EAST 289.11 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 AS CONDEMNED N KING COUNTY SUPERIOR COURT CAUSE NO. 672088; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNti'NG AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05°44'13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT OF -WAY MARGIN OF PRIYIARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTNUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36 -00; THENCE SOUTH 82 °46'30" WEST 59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A ver. 05 -26 -09 Exhibit 2 -24 CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9090: THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 87 °50'57" EAST 365.16 FEET; THENCE NORTH 02 °09'03" EAST 137.09 FEET; THENCE NORTH 23 °27'57" EAST 179.32 FEET TO THE SOUTHWESTERLY MARGIN OF SOUTH 178TH STREET; THENCE ALONG SAID MARGIN SOUTH 60 °38'09" EAST 10.11 FEET; THENCE ALONG SAID MARGIN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 208.74 FEET, A DISTANNCE OF 10.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE OF 70.00 FEET; THENCE SOUTH 21 °38'27" WEST 120.39 FEET; THENCE NORTH 68 °52'03" WEST 70.06 FEET; THENCE NORTH 23 °27'57" EAST 145.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9104: THAT PORTION OF GOVERNMENT LOT 5 AND OF THE SOUTHWEST 1 /4 OF THE NORTHEAST OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A MONUMENT AT NORTHEAST CORNER OF SAID SOUTHWEST Y4 OF THE NORTHEAST 1 /4; THENCE SOUTH 07 °44'56" WEST 956.67 FEET TO A POINT OF A CURVE; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2500 FEET THROUGH A CENTRAL ANGLE OF 05 °22'20 AN ARC DISTANCE OF 234.41 FEET; THENCE NORTH 76 °52'44" WEST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 69 °15'04" WEST 55.31 FEET; THENCE NORTH 30 °55'15" WEST 56.43 FEET; THENCE NORTH 82 °15'04" WEST 185.24 FEET; THENCE SOUTH 07 °44'56" WEST 51.23 FEET; THENCE ALONG A CURVE TO THE RIGHT RADIUS 447.465 FEET THROUGH A CENTRAL ANGLE OF 13 °00'00" AN ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20 °44'56" WEST 396 FEET; THENCE SOUTH 69 °15'04" EAST 180 FEET; THENCE SOUTH 20 °44'56" WEST 15 FEET; THENCE SOUTH 69 °15'04" EAST 85.77 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 2470 FEET THROUGH A CENTRAL ANGLE OF 13°22'12" AN ARC DISTANCE OF 576.38 FEET TO THE TRUE PONT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. ver. 05 -26 -09 Exhibit 2 -25 PARCEL 352304 -9108: A 20.0 FOOT WIDE STRIP OF LAND LOCATED WITHIN THAT PORTION OF THE EAST 1/ 2 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF THE SOUTHERLY LINE OF SOUTH 180TH STREET, HAVING 10.0 FEET OF SUCH WIDTH ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A MONUMENT AT THE INTERSECTION OF THE CENTERLINE OF ANDOVER PARK WEST WITH THE CENTERLINE OF SOUTH 180TH STREET; THENCE SOUTH 87 °50'09" EAST, 309.00 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 08 °25'33 AN ARC DISTANCE OF 44.12 FEET; THENCE ALONG A CURVE TO THE RIGHT, WHOSE CENTER BEARS NORTH 77 °23'28" WEST, HAVING A RADIUS OF 572.96 FEET, THROUGH A CENTRAL ANGLE OF 03 °49'21 AN ARC DISTANCE OF 38.23 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 572.96 FEET, THROUGH A CENTRAL ANGLE OF 00 °25'46 AN ARC DISTANCE OF 4.29 FEET, TO A POINT OF COMPOUND CURVE; THENCE ALONG A 14° CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 58°14'17", AN ARC DISTANCE OF 415.99 FEET; THENCE SOUTH 75 °05'56" WEST, 139.64 FEET TO A POINT OF CURVE; THENCE ALONG A 14° CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 55 °41'00 AN ARC DISTANCE OF 397.74 FEET; THENCE SOUTH 19 °24'56" WEST, 161.29 FEET TO A POINT OF CURVE; THENCE ALONG A 12° CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 11 °40'00 AN ARC DISTANCE OF 97.22 FEET; THENCE SOUTH 07 °44'56" WEST, 261.95 FEET TO A POINT OF CURVE; THENCE ALONG A 12° CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 13 °00'00 AN ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20 °44'56" WEST, A DISTANCE OF 400.00 FEET TO THE TERMINUS OF THIS CENTERLINE; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9109: THAT PORTION OF THE SOUTHWEST 1 /4 OF THE NORTHEAST 11 /4 OF THE NORTHWEST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, M.M., LYING SOUTH AND WEST OF P.J. MUS IFL ROAD (SOUTH 178TH STREET), DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST OF THE NORTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SAID SECTION; THENCE NORTH 01° 49' 41" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 503.47 FEET TO A POINT ON THE SOUTHERLY MARGIN OF SAID P.J. MUS I KL ROAD; THENCE SOUTH 65° 26 33" EAST ALONG SAID SOUTHERLY MARGIN, 374.01 FEET; THENCE SOUTH 55° 13' 03" EAST 104.12 FEET; THENCE SOUTH 23° 27' 57" WEST 180 FEET; THENCE NORTH 87° 50' 57" WEST 25 FEET; THENCE SOUTH 23° 27' 57" WEST 147.13 FEET; THENCE NORTH 87° 50' 57" WESDT 286.71 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF SOUTH 187TH STREET, MUS I F;L ROAD, ver. 05 -26 -09 Exhibit 2 -26 AS VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556 AND RECORDED UNDER RECORDING NO. 6516240 64055081; EXCEPT THAT PORTION CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 64055081. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9112: LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 85- 19 -SS, RECORDED UNDER KING COUNTY RECORDING NO. 8505090619; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9115 PARCEL E OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02- 029, AS RECORDED UNDER -_L. e 1. RECORDING NO. 20021007900001; RECORDS OF KING COUNTY: TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES OVER, ALONG, ACROSS, N AND THROUGH PARCEL A (SHOWN AS "SEGALE DRIVE C OF CITY OF TUKWILA 11. 111 a. 1 ►1 k I I9 COUNTY RECORDING NO. 20021007900001; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9116: PARCEL D OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02- 029, AS RECORDED UNDER RECORDING NO. 20021007900001, RECORDS OF KING COUNTY; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9117: vet. 05 -26 -09 T AS 9 n ..T THAT PORTION OF THE SOUTHEAST Y4 OF THE SOUTHWEST %4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41 Exhibit 2 -27 FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET; THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28" EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9118: PARCEL F OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L99- 0008, AS RECORDED UNDER RECORDING NO. 9906099010, RECORDS OF KING COUNTY, LOCATED WITHIN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON PARCEL 352304 -9119: PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02- 029, AS RECORDED UNDER RECORDING NO. 20021007900001, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9120: THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE SOUTH 87 °50'09" EAST ALONG THE NORTH LINE THEREOF 449.30 FEET; THENCE SOUTH 02 °09'51" WEST 36.00 FEET TO THE SOUTH MARGIN OF SOUTH 180TH STREET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 87 °50'09" EAST ALONG SAID SOUTH MARGIN 786.92 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 95 °35'05" AN ARC DISTANCE OF 83.41 FEET; THENCE SOUTH 07 °44'56" WEST 348.56 FEET; THENCE NORTH 87 °50'09" WEST 802.76 FEET; THENCE NORTH 02 °09'51" EAST 401.77 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS LOT 3 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93 -0085, RECORDED UNDER KING COUNTY RECORDING NO. 9311301961); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9121: LOT 4 OF BOUNDARY LINE ADJUSTMENT NO. 93 -0085, RECORDED UNDER KING COUNTY RECORDING NO. 9311301961, RECORDS OF KING COUNTY, ver. 05 -26 -09 Exhibit 2 -28 WASHINGTON; BEING A PORTION OF THE SOUTHWEST V4 OF THE NORTHEAST 1 /4 AND GOVERNMENT LOTS 2 AND 5 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KItii TG, STATE OF WASHINGTON. PARCEL 352304 -9017: THAT PORTION OF GOVERNMENT LOT 7, SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY MARGIN OF COUNTY ROAD IN GOVERNMENT LOT 7, IN SAID SECTION AT A POINT SOUTH 89 °03'20" EAST 1,656.75 FEET AND NORTH 00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70 FEET; THENCE SOUTH 19 °59'25" WEST 520.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 73 °05'40" EAST 233.32 FEET; THENCE NORTH 16 °29'55" EAST 374.00 FEET; THENCE NORTH 66 °02'38" WEST 211.14 FEET TO A POINT WHICH BEARS NORTH 19 °59'25" EAST FROM THE TRUE POINT OF BEGININTNG; THENCE SOUTH 19 °59'25" WEST 420.10 FEET TO THE TRUE POINT OF BEGNTNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 0322049020 (ZGRAGGEN EASEMENT AREA): THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89° 38' 12 "EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION A DISTANCE OF 442.17 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 25° 39'15"EAST 1478.76 FEET TO A PONT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE SOUTH 89° 45'55 "WEST ALONG SAID NORTH LINE 112.43 FEET; THENCE SOUTHERLY THE FOLLOWING COURSES; SOUTH 43° 22'57 "WEST 64.64 FEET; THENCE SOUTH 34° 43'25 "WEST 147.78 FEET; THENCE SOUTH 42° 25'05 "WEST 375.79 FEET; THENCE SOUTH 39° 30'43 "WEST 99.04 FEET; THENCE NORTH 79° 43'59 "WEST 97.03 FEET TO AN ANGLE POINT ON THE BOUNDARY L iNE OF THE ST. PATRICK CEMETERY; THENCE SOUTH 32° 46'02 "WEST ALONG THE EAST LINE OF SAID CEMETERY A DISTANCE OF 176.58 FEET; THENCE SOUTH 89° 46'02 "WEST ALONG THE SOUTH LINE OF SAID CEMETERY 180.04 FEET; THENCE LEAVING THE BOUNDARY OF SAID CEMETERY SOUTH 68° 27'52 "WEST 167.68 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE SOUTH 00° 12'08 "EAST ALONG SAID WEST LINE 619.60 FEET TO THE POINT OF BEGINNING. ver. 05 -26 -09 Exhibit 2 -29 PARCEL 032204 -9102: PORTION OF THE SOUTHEAST OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A STONE MONUMENT WHICH IS THE SOUTHEAST CORNER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE SOUTH 89 °36'00" WEST ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE OF 1,326.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °36'00" WEST, ALONG SAID SECTION LINE, 866.40 FEET; THENCE NORTH 26 °08'00" EAST 1,477.50 FEET TO THE SOUTH LINE OF SOUTH 204 STREET; THENCE SOUTH 89 °37'00" EAST, ALONG SAID ROAD, 791.30 FEET; THENCE SOUTH 35 °36'00" WEST 973.80 FEET, ALONG THE WEST BANK OF DRAINAGE DITCH; THENCE SOUTH 0 °38'00" WEST 522.90 FEET, ALONG THE WEST BANK OF DRAINAGE DITCH TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF KENT, COUNTY OF Khi IG, STATE OF WASHINGTON. TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS, LICENSES, PRIVILEGES, REVERSIONS AND EASEMENTS APPURTENANT OR ATTACHING THERETO BY OPERATION OF LAW TO ALL OF THE ABOVE DESCRIBED PARCELS. ver. 05 -26 -09 Exhibit 2 -30 Exhibit 3 7 1 .1.1 t!!!'*Iii•,:!..tz.4.6'• --k•'.714.01'yi'=::'"'!•ks.'N•i'•\-,I I .!4•41,„ :,....z, :_:41 r' J ,a,.. I 21 t ,.1/4 l 7 rm 1 rr?; .....z y/ f 1, .....4( 1 ,.DETRTION `FACILITI.:::,4,s',■!'iti-Ntt.,../ 1 tH !zt rktA I I jr 1`1"' I 7 T T 11:I I r KWILA SOUTH 731 I .111.11-1 -4;1: I 1 "Pr"1 11.1:1:1 11 !11:11147 1 1 1 1 1 1 1 1. 11.1_1"It- \'''..."\\"11 •I I ff i"1 1" I I I r I stv, no.! DATC 0 !GOLDSMITH DEDCONTION 3 I- i 84. ASSC)CIATES EN:Plowing- Lon o Om PlonnIng 4 suntoying ii 1215 114Ih Mous SE,Bolovuo, WA 95004, P.0.0043566, 4OnOW10, WA 911009 OFFICE:142Si 447.1030, FAX: (415) 4624719. sloll@gddsmilhenphning.com I c••• i l 1 4t 'i",Z.:Z 4 /1 4'21„L, ,L.",".;("'"""). GREEN RIVER OFF-OHANNEL. F /...1:::,,,k,14 REST( RATION ARE,$ ;44:4'.•;4;; •••11 DETE ION PRO13■ ED I APPHOVEDI Iru 1 AMA DY0.1 !PUN CITY OF TUKWILA I NC N-DEVELO MENT NP l'IVEGROWTH PRO 1 NJ. NON-HATCHED A SOU1 H PRO ARg DEVELOPr IENT.A EAS I I SCALE IN FEEI I T ■4 11 ,11f!, II I i 9 1 1 .1! 1........ I: A C1,I 1 I 1 I I l• _J t '.,I,• EAS i "1 ECTION.ARA (N.GPA) AS WITH IN 1 I Ol'PErtim 1 WASHINGTON 1 40;11' 11 ri 1. I 17 ;z 1 i 1 I owm, LCI1 NON—DEVELOPMENT AREAS EX::: 1 0041011401 LCA 1,10 DM .i...7:.7.f.:.„ k• v. 1 ,z ,-7 1.011 DT 'CHECKED I PLOTTED! 0.1101AITS.,101010 04/13/01101141 LA PIANTA LLC JOD DOr Om 3::::1 r awe 17 1 vow, 1 011000 I TUKWILA SOUTH DEVELOPMENT AND 1 1 1 3 Exhibit 5 a1M111111111111111111 milLentfinim HINIMBERInatIlliftum ninumunuuffira illunmmulluuma "Hill VI 111111 ..%1! 27 HIn Elm ANGLE LAK GOLDSMITH rrrrrrr moo ccs lIIIIIIilIIlIJIII ufirri: I LTI,JRAL PE RES KENT I KENT I SINGLE-FAMILY (SR-1) INDUSTIIIAL PARK 0 LEGEND: N r '-u L MIN' LaR BI VD. I I S lEiv ST Ors ekors TUKWILA UNICIPAL BOUNDARY AFTER LA PIANTA ANNEXATION ZONING BOUNDARY TTUKWILA SOUTH OVERLAY DISTRICT (NEW ZONING) TUKWILA SOUTH PROJECT TUKWILA SOUTH OVERLAY ZONING DISTRICT TUKWILA KING COUNTY. WASHINGTON H Exhibit 5 EXHIBIT 6 EXPANSION AREAS LEGAL DESCRIPTION EXPANSION PARCEL #1: 032204 -9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHN THE SOUTHEAST 1 /4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #2: 032204 -9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGI NING AT A PONT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11'00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A PONT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; 0GE HER WITH AN EASEMENT FOR ROADWAY AS l-9 Ii COUNTY RECORDING NO. 373133S; SITUATE N THE COUNTY OF Kli TG, STATE OF WASHINGTON. EXPANSION PARCEL #3: 352304 -9014: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) AND SOUTHWESTERLY OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT N THE SOUTHEASTERLY MARGIN OF SAID ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH), WHICH POINT IS MARKED BY AN IRON PIPE AND FROM WHICH POINT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS SOUTH 00° 58' 10" WEST 313.17 FEET SOUTH AND NORTH 89° 01' 50" WEST 505.54 FEET, SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO ver. 05 -26 -09 Exhibit 6 -1 AND ALONG THE SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT; THENCE SOUTH 67° 36' 00" EAST 380.45 FEET TO AN IRON PIPE; THENCE CONTINUING SOUTH 67° 36' 00" EAST 50 FEET, MORE OR LESS, TO THE BANK OF GREEN RIVER; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #4: 352304 -9081 THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7 BEARS SOUTH 00° 58' 10" WEST 313.17 FEET AND NORTH 89° 01' 50" WEST, 505.54 FEET, SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE NORTH BOUNDARY LINE OF SAID GOVERNMENT LOT, SAID POINT BEING MARKED BY A CONCRETE MONUMENT SET BY R. W. JONES AND ASSOC. ENGINEERS AND SURVEYORS ON OCTOBER 4, 1966;THENCE SOUTH 67° 36' 00" EAST 248.63 FEET; THENCE SOUTH 23° 57' 22" WEST 352.69 FEET TO THE TRUE POINT OF BEGINNING; THE NORTH 66° 02' 38" WEST 250 FEET, MORE OR LESS, TO THE EAST LINE OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH); THENCE NORTH 23° 27' 22" EAST 5.14 FEET TO THE NORTH LINE GOVERNMENT LOT 7; THENCE SOUTH 89° 01' 50" EAST TO BANK OF GREEN RIVER; THENCE SOUTHWESTERLY ALONG SAID RIVER BANK, TO A POINT THAT BEARS SOUTH 66° 02' 38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 66° 02' 38" WEST TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #5: 352304 9034: PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L06 -029 RECORDED UNDER RECORDWG NO. 20060913900003; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #6: 352304 9082: THAT PORTION OF GOVERNMENT 7, SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY MARGIN OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) IN GOVERNMENT LOT 7, IN SAID SECTION AT A POINT SOUTH 89 °03'20" EAST 1,656.75 FEET AND NORTH 00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70 FEET; THENCE SOUTH 19 °59'25" WEST 520.10 FEET; THENCE SOUTH 73 °05'40" EAST 233.32 FEET; THENCE NORTH 16 °29'55" EAST 474.00 FEET TO THE TRUE ver. 05 -26 -09 Exhibit 6 -2 POINT OF BEGINNING; THENCE CONTINUING NORTH 16 °29" 55" EAST 100 FEET; THENCE SOUTH 64°1T20" EAST 232.26 FEET TO THE BANK OF GREEN RIVER; THENCE NORTHERLY ALONG SAID BANK OF GREEN RIVER TO A LINE ESTABLISHED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 7308030425; THENCE ALONG SAID LINE NORTH 66 °0T38" WEST 250 FEET TO A PONT ON THE EASTERLY MARGIN OF COUNTY ROAD WHICH BEARS SOUTH 25 °01'18" WEST 5.14 FEET FROM THE NORTH LINE OF SAID GOVERNMENT LOT 7; THENCE SOUTH 25 °01'18" WEST ALONG SAID ROAD MARGIN TO A POINT SOUTH 89 °03'20" EAST 1,656.75 FEET AND NORTH 00 °56'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08 °13'05" EAST 36.70 FEET; THENCE SOUTH 19 °59'25" WEST TO A PONT WHICH BEARS NORTH 66 °0T38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 66 °02'38" EAST 211.14 FEET TO THE TRUE POINT OF BEGINNING; SITUATE 11N THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #7: 022204 -9061 "CITY DETENTION POND BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST 68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH 49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON- TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #8: "CITY TRIANGULAR PARCEL THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 87 °50'57" WEST, 243.15 FEET; THENCE NORTH 02 °09'03" EAST 248.09 FEET TO THE TRUE POINT OF BEGNNNG; THENCE NORTH 78 °00'27" EAST 38.15 FEET TO THE WESTERLY MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848; THENCE SOUTH 11 °59'33" EAST 164.65 ver. 05 -26 -09 Exhibit 6 -3 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 537.14 FEET, THROUGH A CENTRAL ANGLE OF 00 °08'00 AN ARC DISTANCE OF 1.25 FEET; THENCE NORTH 24 °56'33" WEST 170.23 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE EAST HALF OF P. J. MUS I b L ROAD ABUTTING THE WEST LINE OF THE PROPERTY ABOVE DESCRIBED, AND BOUNDED ON THE WEST BY THAT PORTION VACATED UNDER CITY OF TUKWILA VACATION ORDINANCE NO. 626, ON THE SOUTH BY THE NORTH MARGIN OF THE NEW ALIGNMENT OF P. J. MUSTF,L COUNTY ROAD AND ITS EXTENSION EASTERLY AND NORTHERLY (ALONG THE 50 FOOT RADIUS CURVE) TO THE INTERSECTION WITH THE WEST MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848, AND ON THE NORTH BY THE SOUTHWESTERLY EXTENSION OF THE NORTH LINE OF THE PROPERTY DESCRIBED ABOVE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. EXPANSION PARCEL #9: 352304 -9037 [A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT MAY BE ACQUIRED BYLA PIANTAJ THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF PRIMARY STATE HIGHWAY NO. 1 (SR 5) AS CONVEYED TO THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER RECORDING NOS. 5517861 AND 6120867, AND THE NORTH LINE OF SAID SUBDIVISION; THENCE SOUTH 87 °56'03" EAST, ALONG THE NORTH LINE OF SAID SUBDIVISION, TO A POINT WHICH IS SOUTH 87 °56' EAST, 960 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 35; THENCE SOUTH 53 °24'59" WEST TO A POINT ON THE NORTHERLY LINE OF SAID PRIMARY STATE HIGHWAY NO. 1 (SR 5); THENCE WESTERLY AND NORTHERLY, ALONG SAID PRIMARY STATE HIGHWAY NO. 1 (SR 5), TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ORILLIA ROAD EXTENSION NORTH BY DEED RECORDED UNDER RECORDING NO. 2748338; EXPANSION PARCEL #10: 352304 -9124 [A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT MAYBE ACQUIRED BYLA PIANTAJ ver. 05 -26 -09 Exhibit 6 -4 THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING WESTERLY OF A LINE DRAWN PARALLEL WITH AND 700 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE LW LINE SURVEY OF SR 5 (PSH NO. 1), JCT. S.S.H. NO. 5 -A TO SOUTH 178TH STREET AND WESTERLY OF A LINE DRAWN PARALLEL WITH AND 700 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE LW LINE SURVEY OF SR 5 (PSH NO. 1), SOUTH 188TH STREET INTERCHANGE; EXCEPT THAT PORTION LYING NORTHERLY OF A LINE DRAWN AT RIGHT ANGLES FROM SAID LW LINE SURVEY AT HIGHWAY ENGINEERS STATION LW 2455 +00.0; AND EXCEPT THAT PORTION LYING SOUTHERLY OF A LINE DRAWN AT RIGHT ANGLES FROM SAID LW LINE SURVEY FROM HIGHWAY ENGINEERS STATION LW 2445 +33.3; AND EXCEPT THAT PORTION LYING WESTERLY OF A LINE DRAWN PARALLEL WITH AND 215 FEET EASTERLY OF THE SAID LW SURVEY L iNES; ALL SITUATE MI THE CITY OF TUKWILA, COUNTY OF K NG, STATE OF WASHINGTON. TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS, LICENSES, PRIVILEGES, REVERSIONS AND EASEMENTS APPURTENANT OR ATTACHING THERETO BY OPERATION OF LAW TO ALL OF THE ABOVE DESCRIBED PARCELS. ver. 05 -26 -09 Exhibit 6 -5 Exhibit 7 Sourtt c �sNr1 6 DENOTES PIQHT OP WAY TO BE VACATED. DENOTES FIOHT OP WAY TO BE DEDICATED 6 .004 MEM e Return to: THIS DEED OF TRUST, made this day of whose address is DEED OF TRUST (For Use In the State of Washington Only) TITLE COMPANY, a corporation, TRUSTEE, whose address is between ,GRANTOR, BENEFICIARY, whose address is WITNESSETH: Grantor hereby bargains, sells, and conveys to Trustee in trust, with power of sale, the following described real property in County, Washington: Additional on page Assessor's Tax Parcel IDg which real property is npt used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits ereo£ This deed is for the p se of securing performance of each agreement of grantor herein contained, and Grantor's obligation under Section 4.8.1 of that certain Development Agreement between Grantor and Beneficiary dated the day of .2009 and approved by the Beneficiary's City Council as Ordinance on .2009, and also such further sums as may be advanced orloaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such Bate as shall be agreed upon. To protect the security of this Deed of Trust, Grantor covenants and agrees: 1. To kcep the property in good condition end repair; to permit no waste thereof, to complete any building, structure or Improvements being built or about to be built thereon; to restore promptly any building, structure, or Improvement thereon which rosy be damaged or destroyed; and to comply wilt ail taws, ordlnnntes, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent l lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens orencumbraners Impairing the security of this Deed of Trust 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than 90% of the insurable value thereof All policies shall name Beneficiary as a loss payee as its interest may appear. In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any =don or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, lnelu4ng cost of title search and anomey's feu In reasonable amount, In any such action or proceeding, In any sult brought by Beneficiary to oreclose this Deed of Trust. 5. To pay all costs, fees and etxpenses in connection with this Deed of Trust, including the expenses of the Trustee Incurred to enforcing the obligation secured hereby andTrustee's and attomey's fees actually Incurred, as provided by statute. 6. Should Grantor fail to pay when due any taxes, assessments, huurance premiums, Ilan eneumbrnees or other charges against the property berelnebove described. Beneficiary rosy pay the same, and the amount no paid, with Interest at the rate set forth In the note secured hereby, shall be addeQ to and become a pan of the debt secured In this Decd of Taut. Exhibit 8 IT IS MUTUALLY AGREED THAT 1. In the event any portion of the property s taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum scared hereby after Its dun date, Beneficiary does not waive its right to require prompt payment when due of all other sums no secured or to declare default for failure to so pay. 3. The Trustee shall reconvcy all or any part of the property covered by this Dc :d of Trust to the person entitled thereto, on written request of the Grantor and the Beneficiary,.or upon satisfaction of the obligation secured and written request fir reconveyance mad: by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the payment of any Indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, public auction to the highest bidder. Any person except Trustee may bld atTrustec' {sale, Trustee shall apply the proceeds of the sales as follows. (1) to the expense oldie sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Decd of Trost; and (3) the surplus, if any, shall be distributed to rho persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to thc.purchaser the interest in the property whtutn Grantor had or had the power to convey al the time of his execution of this Decd of Trust, and such as he may have acquired thereafter, Trustee's deed shall recite the facts showing that Use sale was conducted in compliance with all the requirements of law and this Decd of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and cncumbranccs for value. 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the Sato of Washington s not an exclusive remedy, Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7. In the event of the death, Incapacity, disability, or resignation of Trustee, Beneficiary may appoint in m dting a successor trustee, and upon the recording of such appointment In the mortgage raeords.of the county in which this Deed ofTnat Is recorded, Use successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any ply hereto of pending sale under any other Deed of Trust or of an action or proceeding in which Grantor, Trustee ar Beneficiary shall be a party milers such action or proceeding is brought by the Trustee. S. This Deed of Trust applies to, Inures to the bereft of, and is binding not only on the parties hereto, but or(th:1r heirs, devisees, legatees, administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note recurred hereby, whether or not named as Beneficiary herein. 9. The Addendum to Deed of Trust is incorporated by this reference as if fully set forth herein. Dated STATE OF WASHINGTON, SS. County of Dated residing at My appointment expires r Printed Name REQUEST FOR FULL RECONYEYANCE Do not record Tri be used only when note has been paid. Notary Seal I hereby certify that I know or have satisfactory evidence that is the person(s) who appeared before me, and said person(s) acknowledged that (he, she', they) signed this instrument, on oath stated that authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument, Notary Public in and for the State of Washington TO: TRUSTEE. The undersigned is the legal owner and holder of the note and all othcr indebtedness se nand by the within Deed of Trust Said note, together with all other indebtedness secured by said Decd of Trust, has been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owning to you under the jams of said Dad of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Dud of Trost, all the estate now held by you thereunder. Dated 19 Addendum to Deed of Trust In the event of a default that entitles Beneficiary to foreclose on this Deed of Trust, Beneficiary shall not foreclose this Deed of Trust until (1) Grantor shall have failed after notice and 20 days to cure to pay the sum(s) required under the terms of the Development Agreement, (2) Beneficiary has drawn on any letter of credits (or cash deposit) provided by Grantor securing the obligation in default to the maximum amount of the letter of credit (or cash deposit) and has applied the sum(s) so drawn to the obligation in default, and (3) there remains outstanding an additional sum due under the terms of the Development Agreement for which this Deed of Trust has been granted as security. BANK OF AMERICA- CONFIDENTIAL DATE: APRIL SW 2009 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 009E959 BENEFICIARY THE CITY OF TUKWILA 6200 SOUTHCENTER BLVD. TUKWILA, WA 9818 AMiOUNT NOT EXCEEDING USD 6,000-,000.00 NOT EXCEEDING SIX MILLION AND 00/100S US DOLLARS EXPIRATION DECEMBER al, 2 AT OUR COUNTERS DRAFT PAGE: 1 ISSUING BANK BANK OF AMERICA, N.A. 10.00 W. TEMPLE STREET 7TH FLOOR, CA9-705-07-05 LOS ANGELES, CA 90012-1514 APPLICANT LA PIANTA LLC PO BOX 88028 TUKWII,TA, WA 9 AT THE REQUEST AND ON THE INSTRUCTIONS OF OUR CUSTOMER, LA PLANT A LLC {THE ft:ACCOUNT PARTY"), WE HEREBY ISSUE .OUR IRREVOCABLE STANDBY LETTER OP CREDIT NUMBER EN YOUR FAVOR, SUBJECT TO THE OTHER PROVISIONS OF THIS LETTER OF CREDIT, YOU MAY OBTAIN THE FUNDS AVAILABLE UNDER THIS LETTER OF CREDIT BY PRESENTMENT TO US OF ONE OR MORE DRAFTS DRAWN ON BANK OF AMERICA,- N.A. BEARING THIS LETTER CREDIT NUMBER AND-ACCOMPANIED BY THE DOCUMENTS DETAILED BELOW. THIS LETTER OF CREDIT IS ISSUED IN:CONNECTION WITH THE (THE "CONTRACT"), THIS J1 OF :cy .I EFFECTIVE. IMMEDIATELY AND SHALL EXPIRE AT SAO P.M. AT TM; OFFICE OF BANK OF AMERICA, N.A., 1000 WEST TEMPLE STREET, 7TH FLOOR, MAIL CODE: CA9-705-07 LOS ANGELES, CA 90012-1514. ON THE DATE OF EXPIRY SHOWN. THE FOLLOWING ,144.1,1, ACCOMPANY YOUR SIGHT DRAFT (S) UPON EACH DRAW UNDER THIS LETTER OF rFEnIT: 1, ACERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY, TO THE EYFECT THAT THE ACCOUNT PARTY HAS FAILED TO PERFORM AN OBLIGATION AS SET FORTH IN SECTION (E) OF THE CONTRACT DESPITE,- WHERE APPLICABLE, PRIOR DEMAND TO SO CURE AND THE EXPIRATION OF TITE. APPLICABLE CURE PERIOD, AND THAT-AS A RESULT, THE CITY HAS =WOW COSTS OR REASONABLY EXPECTS TO INCUR COSTS NOT IN EXCESS OF THE AMOUNT DRAWN; OR 2. A CERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY, TO THE EFFECT THAT THE ACCOUNT PARTY HAS NOT PROVIDED THE CITY WITH A Exhibit 9 BANK OF AMERICA CONFIDENTIAL PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 4098959 REPLACEMENT LET'LER OF CREDIT. WITHIN THE TIME PERIOD REQUJIREL IN SECTION OF THE CONTRACT, 3. A CERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY OF T JI WI LIB, WASHINGTON, TO THE EFFECT THAT THE ACCOUNT PARTY HAS NOT PROVIDED THE CITY WITH A REPLACEMENT LETTER OF CREDIT SATISFACTORY TO TEEM. ADDITIONAL CONDITIONS 1. PARTIAL DRAWINGS ARE ALLOWED. BUT IiQT' REQUIRED TOTAL DRAWS OUTSTANDING AT ANY TIME SMALL NOT EXCEED TEA AMOUNT SET FORTH ABOVE. 2. THE CITY SHALL RETURN THIS ORIGINAL LETTER ON` CREDIT, AND EACH SUBSEQUENT AMENDMENT (S) AND YOUR AUTHORIZATION' TO CANCEL TO BANK OF AMERICA, N.A UPON RECEIPT OF A REPLACEMENT LETTER OF CREDIT THAT CONFORMS TO THE REQUIREMENTS OF THE CONTRACT. a. TEE CI'i'f QF TU WII4A SHALL RETURN THIS ORI( INAL LETTER OF CREDIT, AND EACH SUBSEQUENT AMENDMENT (S) AND YOUR AUTHORIZATION TO CANCEL TO BANX OF AFRICA, N.A. UPON THE TERMINATION OF THE REQUIREMENT FOR SUCH LETTER OF CREDIT UNDER SECTION OF THE CONTRACT. 4. TNR AMOul.u. OF EACH DRAWING MUST BE ENDORSED ON THE REVERSE SIDE OF THIS LETTER OF CREDIT BY THE BANX AND THIS CREDIT SHALL BE RETURNED TO THE BENEFICIARY UNLESS THE AMOUNT OF THE DRAW SHALL BE FOR THE FULL OR ENTIRE AMOUlgT REMAINING TINDER THIS LETTER OF CREDIT. 5. AN °AU HORIZED OFFICER OF THE CITY" SHALL MEAN THE MAYOR OR THE CITY ADMINISTRATOR. WHEN WE RECEIVE A DRAFT ACCOMPANIED BY DOCUMENTATION AS DESCRIBED ABOVE AND YOUR REMITTANCE INSTRUCTIONS AT OR PRIOR TO 8:00 A.M., PACIFIC TIME, ON A BUSINESS DAY, WE WILL MAKE PAYMENT BY 5;00 P M PACIFIC TWEE, ON THE NEXT BUSINESS DAY`. IF WE RECEIVE SUCH ITEMS AFTER THE TIMES SPECIFIED:, WE WILL MARE PAYMENT BY 8:00 A.M., PACIFIC TIME, ON THE SECOND BUSINESS DAY THEREAFTER. EACH DRAFT PRESENTED FOR 1 PAYMENT AGAINST THIS LETTER OF CREDIT AND BACH ACCOMPANYING CERTIFICATION MUST BE DATED THE DATE OF ITS PRESENTATION TO US, AND MAY BE PRESENTED ONLY ON A BUSINESS DAY. AS USED IN THIS LETTER OF CREDIT, "BUSINESS DAY" SHALL MEAN ANY DAY OTHER THAN (I) A SATURDAY OR A SUNDAY, (II) A DAY ON WHICH COMMERCIAL BANKS IN LOS ANGELES, CALIFORNIA ARE AUTHORIZED OR REQUIRED BY LAW OR EXECt4TIVE ORDER TO CLOSE DRAFTS MUST BE MARKED CONSPICUOUSLY "DRAWN UNDER BANK OF AMERICA, N.A. IRREVOCABLE STANDBY LETTER OF CREDIT NO. THE CERTIFICATIONS YOU ARE REQUIRED TO SUBMIT TO US ALONG WITH YOUR DRAFT DRAFT BANK OF AFRICA CONFIDENTIAL, PAGE: 3 THIS IS. -AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: ?98959 OR DRAFTS SHOULD BE PREPARED EITHER (1) TN THE FORM OF A LE°T"IER OIL YOURLETTERHEAD SIGNED-BY YOUR AUTHORIZED OFFICERS OR (II) IN THE POEM OF A FACSIMILE COPY OF SUCH A LETTER SENT BY ONE OF THEM TO_ 213--457 8841. IN SUCH EVENT, TEE ORIGINAL LETTER OF CREDIT AND AMENDMENTS, IF ANY, ARE NOT REQUIRED FOR PRESENTATION. OTHER THAN THE FOREGOING PROVISIONS FOR COMMUNICATION BY FACSIMILE COPY, COMMUNICATIONS WITH RESPECT TO THIS LETTER OF CREDIT SHALL BE IN WRITING AND SHALL BE ADDRESSED TO D'S AT BANK OF AMERICA, N.A., 100.0 WEST TEMPLE STREET, 7TH FLOOR, MAIL CODE: CA9- 705- 07 -05, LOS ANGELES, CA:90012- 1 ATTN: STANDBY LETTER OF CREDIT DEPT., SPECIFICALLY REFERRING TO THE NUMBER AND DATE OF THIS LETTER OF CREDIT. EXCEPT AS PROVIDED ABOVE WITH RESPECT TO COMMUNICATION BY FACSIMILE, ALL COMMUNICATIONS SHALL BE DELIVERED IN PERSON OR SENT BY NATIONALLY RECOGNIZED COURIER (SUCH AS FEDERAL EXPRESS, DHL, U.S. POSTAL, SERVICE EXPRESS MAIL, ETC.), WITH ALL CHARGES PREPAID. IF A DEHAkND FOR PA;Y'MENT Ma B1 YOU HORETIOPER DOES NOT, IN. ANY INSTANCE, CONFORM TO TO TE1 S AI'ID _CONDITIONS OF THIS LETTER OF CREDIT, WE *SHALL GIVE YOU PROMPT NOTICE THAT THE DEMAND WAS NOT EFFECTED IN WITH THIS LETTER OP CREDIT, STATING THE REASONS. THEREFORE AND THAT WE ARE HOLDING DOCUMENTS AT YOUR DISPOSAL OR ARE RETURNING THEM TO YOU, AS WE MAY ELECT. UPON BEING NOTIFIED THAT THE DEMAND WAS NOT EYFECTED IN CONFORMITY WITH THIS LETTER OF CREDIT, YOU MAY ATTEMPT TO CORRECT ANY SUCH NONCONFORMING DEMAND FOR PAYMENT IF,- AND TO THE, EXTENT THAT YOU ARE ENTITLED (WITHOUT REGARD TO THE PROVISIONS OP THIS SENTENCE) AND ABLE TO DO SO. BY P4YINQ YOU AN AMOUNT DEMANDED IN ACCORDANCE WITH IBIS LETTER OF CREDIT, WE MAKE NO REPRESENTATION AS TO THE CORRECTNESS OF THE AMOUNT DEMANDED OR YOUR CALCULATIONS AND REPRESENTATIONS ON THE CERTIFICATES REQUIRED OF YOU BY THIS LETTER OF CREDIT. OUR PAYMENT OF THE AMOUNT DEMANDED IN ACCORDANCE WITH LETTER OF CREDIT SHALL NOT BE CONSTRUED TO LIMIT ANY OTHER REMEDIES THAT YOU MAY HAVE AT LAW OR EQUITY COLLECT AMOUNTS DUE FROM BENEFICIARY: THIS LETTER OF C EDIT- CANNOT BE MODIFIED-OR REVOKED WITHOUT YOUR CONSENT. PARTIAL DRAWING AND MULTIPLE PRESENTATIONS ARE PERMITTED UNDER THIS LETTER OF CREDIT THIS LETTER OF CRi?III' SELL BE GQ ACCORDANCE WITH THE INTERNATIONAL STANDBY PRACTICES,- PUBLICATION NO. EXTENT NOT INCONSISTENT THEREWITH, WASHINGTON: VERNED BY AND CONSTRUED IN CHAMBER OF COMMERCE INTERNATION ?AL 59-0 (1998 REVISION) AND, TO THE THE LAWS OF THE STATE OF DRAFT BANK OF AMERICA CONFIDENTIAL PAGE 4 THIS IS AN INTEGRAL PART OF LEiihR OF CREDIT NUMBER: 098959 IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 1--8O 0-541-6095 OPT 1. AUTEORIZED SIGNATURE THIS DOCUMENT CONSISTS OF 4 PAGE(S). FOR ttA Z=.1?-1.ri rtif-7,3" rIgT xt Tia5 'F-0`-",141 Exhibit 10 PROPOSED ORILLIA ROAD CONNECTOR FOR TUKWILA SOUTH PROJECT t i GOLDSMITH LAND DEVELOPMENT SEaVICES 0 0 n i E1 Exhibit 10 South Tukwila EIS Trip Gplerautin 1 Project No. ?252 P_M.'Peak Hour Trip Generation Parcels 1 A'' RESIDE9ttIAL 6 Uiun louring Hai�.ye aL-o b+ 1%; i?7H for No Action altgrnib24 8 Parcel OFFICE WAREHOUSING parcel C 4 EXISTING DEVELOPMENT TRIPS 3.547 134.300 GFA GFA OFFICE 8.595 GFA 710 17% 63;'a 3:49 DRIVING RANGE -65 T 432 44% 56% 1.25 (Oriv8 Rage kt t atc�A iar No Acrad AR ii+a5ye) Parcels F G OFFICE 197.25.9 GFA 710 {7% 83% 1.52 51 249 300 WAREHOUSING 1- 053. GFA 150 25°.5 7 01. 0.40 -105 317 422 MANUFACTURI NG 1.19.034 GFA 140 64% 0.59 37 66 103 Subtotal -993 .632 6i28 Parcel H (Parcel E in No Actron Alternatnie) OFFICE 1.2.069 GFA 370 i8% 82% 3.23 7 32 39 WAREHOUSING 77.911 GFA 150 24% 76% 0.69 13 "41 54 Subtotal Parcel L (Parcel R in No Altet•ariatide) LIGHT INDUSTRIAL 25.086 GFA 110 10% 90• 0.98 ubt0tal Parcel 0 a (Parcel J in No Action Alternative) RESIDENTIAL 1 Page Existing Trip Generation •GAis fb 4isa*.e Trip 0 tr.ealfcri 1'ar'-aL 7 Ericel.. 2003 Lard the Coon. 7xcri 4 c.t iIcca ry Ns kNcia Acticn Akunava. Trips Gen9at ITE .Oirec8onal Spa PM P ■ak `•PM Peak Hcur Area LJniti' LUC 4 -In ems" 'Out% Trio Rate In is .::Ta 210 67% 33 1.01 Subtotal 150 Subtntrl 2015 PA Trip G= .^.*T508 710 1715 8315 .248 16 .78 94 24% 769 0.61 20 62 62 SubtOtal 7 3 6 1 4 0 :176 36 25 30 45 .81 ..70 26 29 Untts 210 100% 0% 1.01 Subtotal 1-- 0 Gross P.M. Peak Hour Trips Geherated -298: -943 -1,241 Exhibit 11 COUNCIL AGENDA SYNOPSIS �l1LA i ly Initials ITEM NO. it lleetilza Date 1 Prepared 1'; 1 AIez on revie 1 Council re Y =r P 05/26/09 LV ,.zt,� 1 r�, a 06/01/09 1 LV 1 J 1 190 t 06/08/09 LV A� d� I D J ITEM INFORMATION I CAS Number 09-067 I ORIGINAL AGENDA DATE: MAY 26, 2009 AG! ?ND.\ I'i'i i Trr1,F An ordinance adopting by reference the Tukwila South Master Plan. C. \'1'I•:( Disc'ission iVlotion Resolution Ordinance Bid Award Public Heating Other 6/8/ Mtg Date 5/26/09 dltg Date Mtg Date lltg Date -B6 f49'tlftg Date Mtg Date 05/26/09 Altg Date SP( )NSOR Council tll Adm Svcs DCD Finance Fire n Lgal P &R Police PIV SPONSOR'S As part of the Tukwila South Project approval process, adoption of the Tukwila South SI'`I\I.\RV Master Plan will provide a vision and framework for future development on the site. The Planning Commission held a public hearing on September 29, 2005 and reviewed the proposals and voted unanimously on a recommendation of approval to City Council at its September 29, 2005 meeting. Public hearing on this issue has been scheduled for May 26, 1 2009. R.1 \C1 ?D 131' COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DA 1E: 05/26/09 RECOMMENDATIONS: SPONSOR /AD\IIN. Mayor's Office recommends approval C( 1!I ITF1.I COST IMPACT FUND SOURCE ExPI•:NDI1'URI{ RI ?(,?U IRI',D AMOUNT BUDGETED APPROPRIATION REQUIRED I Fund Source: Continents: MTG. DATE RECORD OF COUNCIL ACTION 05/26/09 Forward to 06/01/09 Regular Meeting 06/01/09 Forward to 06/08/09 Special Meeting MTG. DATE ATTACHMENTS 05/26/09 Informational Memorandum dated 05/26/09 s STAFF REPORT L05 -041 Draft Ordinance with Exhibit. I 06/01/09 Same as above, with ordinance in strike through /underline format _06/08/09 Ordinance in Final Fn I City of Tukwila Washington Ordinance No. AN ORDMIANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE THE TUKWILA SOUTH MASTER PLAN; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property," generally located between the boundaries of South 178th Street /South 180th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly desires to adopt by reference the Tukwila South Master Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE C11 'Y OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila South Master Plan Adopted. The City of Tukwila hereby adopts the "Tukwila South Master Plan," a copy of which is attached hereto as "Exhibit A" and by this reference fully incorporated herein. The "Tukwila South Master Plan" is applied to the property shown 011 the map, which is attached hereto as "Exhibit Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force upon the date on which all the property shown on the map attached hereto as "Exhibit B" is within the municipal boundaries of the City of Tukwila. Section 4. Expiration. The City of Tukwila and La Pianta LLC have entered into a Development Agreement dated June 2009 (the "Development Agreement regarding the property shown on the map attached hereto as "Exhibit B." If the Development Agreement terminates prior to the expiration of its term in accordance with the terms therein, this ordinance shall expire without further legislative action and be of no further force or effect. W: \Word Processing Ordinances Tukwila South Master Plan Adontdoc LV:ksn 05/28/2009 Page 1 of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney 4V:\ Word Processing Ordinances Tukwila South Master Plan Adoptdoc LV:ksn 05/28/ 2009 Jim Haggerton, Mayor Attachment Exhibit A Tukwila South Master Plan Exhibit B Tukwila South Master Plan Map Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 Exhibit A COLLINSWOERMAN La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2000 COLLINSWOEI1MAN TABLE OF CONTENTS f ,P 1 A51 IMO mi NATURAL ENVIRONMENT 15 V1 PAGE NUMBER VISION 1 GUIDING PRINCIPLES 3 LAND USE ELEMENTS 7 INFRASTRUCTURE TIMING 19 DEVELOPMENT PHASING 21 APPENDIX A La Plant LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2000 COLLINSWOERMAN La Pianta LLC TUICWILA SOUTH PROJECT MASTER PLAN MAY 2000 This Master Plan document defines the goals, objectives and vision of Segale Properties to transition almost 500 acres of mostly undeveloped property in Tukwila, Washington, to a memorable regional destination that can compete nationally and internationally for employers and goods and services. With nearly 500 acres of land five minutes from SeaTac Airport and adjacent to 1 -5, the Tukwila South project site is the largest private development parcel in the greater Seattle area. Properly planned and implemented, the project will provide 25,000 new jobs and join the University of Washington, Microsoft and Boeing Everett as the region's fourth major, "non- Central Business District" employment center. It will become a major new urban node in the region and provide significant benefits to the city of Tukwila and improve the quality of life of its residents. Because of the sheer size of the site, the implementation of this vision will span many development cycles over 25 to 30 years. The initial value created by early development efforts will allow infill development in future cycles that will continue to build value for the property and increase density over time. COLUNSWOERMAN La Punta LLC TUKWILA SOU'rhl PROJECT MASTER PLAN MAY 2000 The Tukwila South development strategy emphasizes multiple uses, including 5 to 10 million square feet of office technology /flex -tech space, 1 to 2 million square`z' feet of goods and services, and 700 to 1,900 units of housing. These uses will be grouped in fine grained, pedestrian- oriented districts. A well planned multi -use environment will also help mitigate development risk as the markets for various uses fluctuate from development cycle to development cycle. r ;ji, r lei ip' The Tukwila South Master Plan's measures to protect and enhance the site's natural environment include the enhancement of Johnson Ditch into a fish friendly tributary, the creation of back -water fish habitat in the Green River, and the restoration of a 32 -acre wetland complex. The project's design will integrate its transportation infrastructure, develop shared parking concepts, and create internal natural environments with visual connections to the green amenity of its western hillside and the open space amenity of the Green River to the east. THE MASTER PLAN AND THE CITY'S COMPREHENSIVE PLAN The Tukwila South Master Plan's vision and guiding principles mirror and reinforce those set out in the City ofTukwila's Comprehensive Plan. As described in this document, Tukwila South will substantially aid the City in creating "safe and secure places to live" and "an economy that provides jobs, ways to get around, schools, and recreational opportunities" all identified as core reasons for the creation of its Comprehensive Plan. The Master Plan also allows the City opportunities to satisfy the Growth Management Act requirements set out in the Comp Plan's introduction, including the identification of "Urban Growth Areas that can accommodate at least 20 years of new population and employment" and the identification and protection of "open space corridors of regional significance' Most importantly, it materially assists what is identified as the Comp Plan's primary charge: to preserve and enhance "Tukwila's long -term economic growth and community viability and identity." The Master Plan represents a rare opportunity to create a strong and appealing identity for the site itself and serve as a highly visible, memorable gateway to the city of Tukwila as a whole. Southcenter Parkway (57th Avenue S) will be expanded and extended through the site in a new alignment; this will provide an improved connection to the area from the Tukwila Urban Center. Improved east -west access will be provided by realignment of S 178th Street; a future east -west access from Orillia Road to the site will also be developed to accommodate full buildout. Some modification of the western hillside will occur, but the majority of the hillside will remain untouched as an amenity. Portions of the hillside on the north end of the property will be graded and re- lansdscaped to accomodate the relocation of S 178th Street and to provide fill material for the project. On the south end of the site, north of S 200th Street, it is expected that portions of the hillside will be graded to accommodate development. Special design consideration will be covered by residential design guidelines to be developed and adopted prior to residential development. TUKWILA SOUTH PROJECT MASTER PLAN b Pianta LLC MAY non On -site amenities will include landscaped open space, plazas and courtyards, and a pedestrian /bicycle pathway along the Green River. Because the Tukwila South Master Plan is organized around a combination of campus -type research and office environments and districts, the quality of building design will likely be substantially higher than that found in the surrounding industrial and retail uses. Building design, construction, and materials will be of institutional quality, and coordinated through comprehensive urban design principles. The Master Plan is consistent with City goals calling for zoning and development regulations that encourage growth certain areas, promote economic use of industrial lands outside the MIC, and retain large parcels in order to facilitate their efficient use. Tukwila South is one of the areas considered for new employment and residential growth in the Comprehensive Plan. A mix of uses will be oriented along Southcenter Parkway. The density of development on the site will support transit use and a secondary onsite street system will be developed with pedestrian circulation in mind, with features such as sidewalks and appropriate signage for pedestrians. The site will be organized around pedestrian oriented circulation systems, with simplified vehicular circulation, to foster linkages within the campus(es). COLLINSWOERMAN COLUNSWOE•RMAN 1 GUIDING PRINCIPLES La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2000 (1- :1lJi;: "3 9 ''d F i Ii c :.11 i 1.5 Communities are not instant creations of urban designers. They are places that grow and evolve as changing needs, opportunities and personalities contribute to their form. The best communities build on their history and background while creating a bold vision for the future. BACKGROUND The Tukwila South project represents an opportunity for the City to enhance Its competitive position In the regional marketplace. At approximately 500 acres, the site's sheer size, combined with the consolidated land ownership, existing lower density uses, and proximity to the airport, it is certain to attract attention from national and international companies seeking expansion opportunities. The property currently contains a mix of industrial and agricultural uses with a high potential for redevelopment and the ability to transition to a dynamic urban multi -use district as it phases out its existing, lower density uses. The Segale family has been systematically assembling property within the Tukwila South area for over 50 years. While there have been discussions about development and markets that could havefilled the property with many of the retail and industrial uses common to this part of the Valley, the land has yet to see its first significant development. The guiding principles developed for the project arose from the history of the Segale family, the natural beauty of Puget Sound and the site's key characteristics. With this background as our starting point, we have created the following ten guiding principles for the Tukwila South Master Plan. It is from these that our development plan has been conceived. Additional information on the background of these principles are located within the appendix of this Master Plan. COLLINSWOERMAN A F! Af; Clr PRINCIPLE #1: LONG —TERM VISION The development of Tukwila South will be guided by a Tong -term vision that will create a different, more cohesive development pattern than if the property was developed on a parcel -by- parcel basis. A Tong -term vision requires a commitment to make decisions and investments that support its development. The Segale family has committed to this long -term vision and to building out the site's central infrastructure including temporary and permanent stormwater and erosion control, mitigation for environmental impacts, mass grading and relocation of the existing flood protection barrier dike as the initial phase. This investment will ensure the long -term plan is implemented. PRINCIPLE #2: CREATING A DESTINATION The Tukwila South project will become a regional destination. Tukwila South is a regionally visible site. The site is considered "close in" in real estate terms and is adjacent to one of the region's largest retail destinations. Many of the valley's residents and businesses move through or around the site daily. Its access and visibility from the valley and eastern edge neighborhoods make it a natural regional destination. The site's initial value is enhanced by its proximity to significant regional investments such as SeaTac Airport, the Southcenter retail district, and 1- 405,1 -5, SR 167 and many other local arterials. The Master Plan will ensure these assets are leveraged. La Planta LL.0 TUKWILA SOUTH PROJECT MASTER PLAN MAY 2M18 PRINCIPLE #3: BUILDING VALUE Development decisions will be weighed by their ability to maximize the site's potential to create value. Tukwila South's full potential can only be reached through the implementation of a long -term strategic vision that uses each newly developed parcel to lift the value of the remaining parcels. This vision and Master Plan will span many development cycles. Early developments will include low -cost surface parking lots and lower density commercial uses that will allow room for future infill development and redevelopment when structured parking makes economic sense. As the value of the land increases, redevelopment of surface parking lots and infill sites will follow to maximize future density. This can only occur because a significant share of the site is in single ownership. At just under500 acres, Tukwila South could include regional employment, housing, and goods and services. Multi -use districts will allow many of these uses to work together by sharing infrastructure, parking, and access. These districts will enable the creation of a highly desirable, fine grained pedestrian environment. When housing, jobs, and goods and services are located appropriately, a community is created. PRINCIPLE #4: MULTI USE Tukwila South will include employment, goods and services, and housing. The project will be multi -use and include a wide range of businesses instead of focusing on industrial and retail users. Residential is also being considered to bring additional vitality to the area. A development strategy that emphasizes multiple uses will increase the rate of development and create a more desirable environment for each use: retail supports housing and jobs, housing supports retail and jobs, jobs support retail and housing. This diversity of uses will support the creation of destination districts, increase the project's overall value, and enhance the vitality of the city of Tukwila. The market value of office and hotel uses will be increased by having retail and restaurant uses nearby. A well planned multi -use environment will also help mitigate development risk as the markets for various uses fluctuate from development cycle to development cycle. Careful consideration of use adjacencies is essential to ensure efficient sharing of TUKWILA SOUTH PROJECT MASTER PLAN b Pianta LL.0 MAY 2009 amenities, parking and infrastructure. Initial planning configurations must also keep future infill development opportunities in mind to ensure judicious use of each square foot of the project's land. PRINCIPLE #5: INCREASING DENSITY OVER TIME Tukwila South will be planned to accommodate increased density over time. PRINCIPLE #6: QUALITY ENVIRONMENT Tukwila South will create a memorable and regionally identifiable place. As noted in the discussion of Principle #3, the surface parking lots dictated by today's market opportunities for employment, goods and services, and housing will provide the basis for each developing district, enabling its evolution over time into a denser environment. With each development, the district will become more desirable. This increase in value will allow infill development in the early -phase parking lots and redevelopment of lower density commercial uses. Growth in the regional economy is expected to come in four major sectors: aerospace, life sciences, information technology, and trade and logistics. Due to its size and location, Tukwila South is perfectly situated to bring these new types of jobs to the city of Tukwila. Early -phase uses must, therefore, be carefully chosen to complement each other and serve as engines for future development. It is essential to pick the right retailers, the right employment clusters, and the right mix of housing to create the synergy necessary to allow all of the uses to thrive. Tukwila South will build on the Northwest tradition of quality outdoor environments by integrating its iconic outdoor spaces with high quality indoor spaces. Quality building materials combined with traditional Puget Sound building elements (canopies, lush landscaping, etc.) will create memorable and regionally identifiable environments that help attract world class talent. COLLINSWOERMAN Because these businesses need to attract the best and brightest, they demand a very high quality work environment. Tukwila South offers the opportunity to live and work in a single location, increasingly associated with a high quality of life. Beautifully designed public spaces will be required to connect jobs with goods and services, and goods and services and jobs with housing. The people who work at Tukwila South will want a development environment that is clean, safe, well organized, and convenient. More than that, like many who live and work in the Northwest, they value quality outdoor environments. Tukwila South's outdoor and indoor environments will be integrated wherever possible, and the project's amenities will provide a variety of on -site recreational opportunities and connections to the site's outdoor environments. The buildings and the spaces between the buildings will be designed to work together. Institutional quality building materials and landscape design will support memorable buildings that become Tukwila South's image in the Puget Sound. Establishing clear boundaries and gateways for the project will help define Tukwila South in its environment. PRINCIPLE #7: CONNECTIONS Tukwila South will connect externally to neighboring and regional assets, as well as internally by connecting its districts and their uses. The Tukwila South Master Plan connects the project to its surroundings on many different levels: Extending Southcenter Parkway through the site to S 200th Street not only connects the property to regional infrastructure, but allows efficient circulation for the site's users and creates a new gateway to the Tukwila Urban Center. Relocating S 178th Street connects adjacent neighborhoods to Tukwila South's new neighborhood goods and services and provides an access point with greater capacity and safety. COLLINSWOERMAN Selecting retailers compatible with Southcenter's existing tenants will allow Tukwila South to connect to Tukwila's reputation as a regional retail center. The five minute connection to SeaTac Airport will draw airport tenants, travelers and businesses seeking international relationships to Tukwila South. A future non auto -based transportation link will further enable the growth of airport dependent users. Providing pedestrian connections throughout the project from district to district, district to trails and amenities, and district to surrounding neighborhoods will encourage non -auto -based trips and attract residents and employers. Strategically locating public parking will create a "park -once" environment that makes it easy for pedestrians to connect to site amenities, goods and services, jobs, and housing. PRINCIPLE #8; AMENITIES Tukwila South will create a comprehensive amenity system that leverages the site's assets. The Tukwila South project is perfectly positioned between two of the area's most striking natural amenities: the wooded hillside to the west, and the Green River to the east. Each of these offers almost unlimited recreational opportunities, as well as views of the river valley and Mt. Rainier. The appropriate mix of goods and services on the site will be viewed as an amenity to housing and office users that will allow Tukwila South to be highly competitive in the Puget Sound marketplace, and the pedestrian quality of the project's secondary road system will foster an activated streetscape that will make Tukwila South highly desirable. Finally, the Master Plan will ensure the site's access to nearby amenities such as SeaTac Airport and Tukwila Urban Center's retail hub will be easy and convenient. La Planta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY ZOOM Ot PRINCIPLE #9: IMPLEMENTATION STRATEGY Development must be strategically phased to successfully transition Tukwila South from an agricultural and industrial property to an urban destination. While many of the site's infrastructure and planning features will be designed and built in the initial phase, flexibility must be maintained throughout the vertical development of the districts and the secondary roadway and amenity systems. This flexibility is required to meet changing market conditions. The Infrastructure Development Phase is expected to take three years and is scheduled for the years 2010 -2012. At the end of this phase, all of the site's spine infrastructure will be in place. '}�'E u"" u i v7 t i �LS Discussions with potential tenants and development partners have been ongoing concurrent with the planning and infrastructure development efforts. Completing the site's infrastructure all at once will create a sense of certainty about the development's future. The site's first new tenants will take occupancy soon after the completion of infrastructure development. PRINCIPLE #10: ENVIRONMENTAL STEWARDSHIP The Tukwila South project has a huge stake in protecting and enhancing the site's natural environment. The Segale family takes its role as stewards of Tukwila South's environment seriously not only because it is the right thing to do, but because sustainable projects have greater market acceptance. Environmental enhancements include: Protection and enhancement of pasture wetland and improvement of ditches conveying natural drainage into streams capable of supporting fish rearing and creating nearby "flood -flow refuge "fish habitat within the Green River channel. Tributary stream fish habitat with associated restored wetlands and flood flow refuge on the Green River mainstem were historically present throughout the lower Green River basin, but are now missing and therefore habitat limiting for fish and a variety of wildlife. TUKWILA SOUTH PROJECT MASTER PLAN La Punta LLC MAY 201M Provisions for the re- creation of valuable habitats out of degraded agricultural ditches. In the process, the aquatic habitat enhancement plan will mitigate for filling peripheral and isolated wetlands and ditches now located in active croplands. EnhancementofJohnson Creek into a fish friendly tributary connected to the Green River. Creation of back -water fish habitat in the Green River. Restoration of a wetland complex of approximately 32 acres associated with the tributary drainage of the Green River that was historically present, but now absent in the basin. Sustainable planning concepts will include: Integrated transit environments "Park-once" site organization and pedestrian environments Shared parking concepts Redevelopment of surface parking lots Creating internal natural environments with visual connections to natural amenities COLLINSWOERMAN COLLINSWOERMAN LAND USE ELEMENTS b Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2000 DEVELOPMENT CONCEPT The Tukwila South Master Plan is intended to provide a framework to guide long- term development of the approximately 500 acre site and create the opportunity for an economic engine that would result in new jobs for the region. Between 10 and 14 million square feet of development will be created in a combination of campus office and research environments, and districts that will include retail, residential, hotel and recreational uses. Given its prominent Mt. Rainier views, location adjacent to the Green River and the Southcenter shopping district, the site offers the potential for a truly distinctive "signature property. The underlying feature of the Master Plan is that larger campus areas will be positioned to accommodate national and international companies specializing in emerging technology industries drawn to a campus setting with expansion potential. A retail village on the north end of the site could contain a range of supporting retail, residential, hotel and recreational uses and will also serve as a gateway to the site from the Tukwila Urban Center. The close proximity to Sea -Tac airport and direct access to the regional transportation infrastructure network (1-5,1-405, and SR 167) create multi -modal transportation options. In the development's campus environment, buildings will frame open spaces with central plazas and public gathering spaces. Pedestrian oriented internal circulation and simplified vehicular circulation will promote ease of movement and foster a sense of integration while providing access to recreational, retail, restaurant, and hospitality amenities. Building design, construction, and materials will be coordinated through comprehensive design principles. The development concept for the overall site provides opportunity for between 10 and 14 million square feet of a mix of uses including those related to employment, housing, and goods and services. Table 1 shows the assumed range of uses for development scenarios of 10 million square feet and 14 million square feet. This buildout range and assumed mix of uses within the planning areas should be considered conceptual; ultimately, market forces will determine the specific level of development and the mix of uses over the long term. The potential locations of COLLINSWOERMAN the various categories of uses shown within the plans on the following pages are also conceptual and will be determined by market forces. Land uses related to employment could include, for example, research and development, office, light manufacturing, limited distribution, and hotel uses. Land uses related to goods and services could include retail and restaurant uses. Housing could consist of a mix of small -lot single family, townhomes, and multifamily (rental and for sale) units. The natural boundaries presented by the hillside on the west and the Green River on the east drive the site's north -south orientation. The development concept features public and private amenities such as plazas, landscaped open space areas, and pedestrian /bicycle pathways that link the campus to adjacent areas. There will be opportunities for new public'access to the Green River and connections to the existing Green River Trail, In the future, there may be a possibility fora pedestrian crossing to Briscoe Park. Alignment of Southcenter Parkway along the west edge of the site and further away from the Green River will afford greater opportunities for open space areas and public river access. The central and southern portions of the site serve as the campus development's core, anchored by retail and service areas. Design guidelines will acknowledge and address residential uses to the west of Orillia Road. The northern end of the site will include a mix of employment, specialty goods and services and housing that will complement the central campus and reflect a dynamic urban character in its range of retail, residential, hotel, and recreational uses. The architectural scale of the majority of the campus, at buildout, will be three- to six -story structures with both surface and structured parking, with the possibility of heights of up to eight stories in denser, more urban oriented areas. These structures will relate to each other in the context of the landscape, and their design and construction will be coordinated by comprehensive design principles. Development of individual projects will be subject to the City ofTukwila's permit process to ensure a coordinated approach to campus development, including access /circulation, open space and compatibility among uses. La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2000 1 �6 r,0 i °0111 d I 64p II 4 P Pi 0..T.ty, x117w nUf�l rw tiV{ ri'�da�!� "r�Pq�¢� I L 1lol l ::{,,V' DESIGN PRINCIPLES Design principles are abstract representations of strategies that help guide development for the site. The principles identified in this document grew out of multiple charettes, discussions and meeting between consultants and the Segale family to help define the overall development framework for the Tukwila South property. GATEWAYS The Tukwila South property has an opportunity to highlight its most important points of entry as gateways. These gateways can be functional, symbolic, and memorable aspects for the property. These areas, defined as the yellow circles in the graphic, become the "front porch "for the project. TIJKWILA SOUTH PROJECT MASTER PLAN b Pianta L.LC MAY 2000 CREATINGDISTRICTS Walkability is a key factor in establishing boundaries. There is a national standard for retail malls, which dictates the distance from anchor to anchor should be no more than a 10- minute walk. As represented by the orange circles, each district should be walkable. AMENITY SYSTEMS Amenities such as trails, plazas and open spaces are critical components to a project. Integrating multiple amenities creates "systems" that work together. Developable open space including green areas, hard surfaced urban plazas, street parks, and pocket parks will be incorporated into the project; with pathways and wayfinding systems that help pedestrians navigate throughout the project. The opportunity exists to create trails to allow for runners, walkers and hikers to utilize the hillside's topography. CONNECTIONS The Tukwila South property has an opportunity to plan for future regional transit connections to Seattle Tacoma International Airport and regional mass transit to the north. The cities of Tukwila and SeaTac, the Port of Seattle and Sound Transit have undertaken a feasibility analysis to develop a people mover system from the airport light rail station through Tukwila South to the commuter rail station at the Tukwila TOD. Tukwila should continue to pursue such opportunities. COLLINSWOERMAN HOUSING OPPORTUNITIES The diverse topography, location, views to Mt. Rainier, and market demands allow the Segale property to accommodate a wide variety of housing environments. This range could include a mix of single family and multi family units of low, mid and high -rise structures totaling 1,900 units across the site. LOW —RISE COLLINSWO1;RMAN ;•�I ^�i�f lis'lr;' ��i Locations of dies' hewn .on thls;plan.are conceptual' and will be deterrpined,by madietforces; Structures 1 to 3 stories in height; including for -rent and for -sale units of single family lots, detached townhouses, and flats above retail. Low -rise units would be organized to create neighborhoods within the hillside and areas that are adjacent to the Green River. MID —RISE �filbiF�II •�lul�f "t4�'LiY�e�h, Structures 3 to 6 stories In height; including for- rent and for -sale units. Integration with goods and services allow for mid -rise units to Integrate with a mix of uses. For example, possible configuration would Include housing units constructed over retail. I%,li'k�l' ©��'yj�jj�C•4.; 9'i1 461ifJbrl +dY+,5114,1; 2'1rV Y�j�+u, r q IFI I �N J,•iV �y I F Y I ��J I �I'� i7 1 11, ���ISI)1� H IGH -RISE Structures 6 stories or greater In height; Including for -rent and the project's development. La Planta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2000 911 Iiil Ifl ihN'IYI,P,II 0%10,6,1006 6 real r!,4 ,4:;U L E�UI NT RETAIL OPPORTUNITIES There are opportunities to attract and accommodate retail users in three diverse marketplaces: 1. Retail as a catalyst for the market. A one of a kind user is just that...one of a kind. There may be only one chance for this user to locate regionally, and this property has the flexibility to meet the needs of an end user that is currently not in the Northwest marketplace. ^rfl'��Y�'v „nvPiMl �av'� "`�d ?�ti�41kP1 I ^r✓ (1jS n iii Locations of uses shown on this planare conceptual., r,d will be derermlr,ed b r,wrket forces. I RETAIL VILLAG The northern end of the site offers the opportunity to create a retail village that includes specialty retail and goods and services to support the proposed uses and the underserved surrounding neighborhoods. The success of the Tukwila Urban Center to the north and the realignment of S 178th Street allow for the retail village to represent the front door for the property. Uses are expected to include a grocery store, drug store, and smaller retailers that will serve the surrounding neighborhoods. 2. Retail as it relates to demand from the market. Current and future demand is for a grocery store anchored village center with a collection of unique and general goods and services, with the ability to grow with market demands. Additionally, large- scale "big- box "area retailers may need more space and would move out of the city otherwise. 4 3iviMtA A retail village on the north end of the site could contain a range of supporting retail, residential, hotel and recreational uses and will also serve as a gateway to the site from theTukwila Urban Center. i TUKWILA SOUTH PROJECT MASTER PLAN Le Pianta 1.1C MAY 2009 3. Retail as amenity for the market. Addressing the demands of other uses within or surrounding the property that are complementary to the Tukwila Urban Center shopping district's. COLLINSWOERMAN RETAIL OPPORTUNITIES (CONTINUED) USES INCLUDE: Bookstores Video Stores Sporting Goods Clothing Stores Hardware Shops Grocery Stores Antiques Art Galleries Jewelers Audio /Video Stores Furniture Stores Toy Stores Coffee Shops Florists Child Care Restaurants Drug Stores Residential Multi- family Representative uses for the retail village, retail district, large -scale retail users, gateway retail and retail center. COLLINSWOERMAN Locations of uses ihown'tin this plan ve and will b by Market forceS:'`'' RETAIL DISTRICT 'w lijlifr' Adjacent to the "retail village; additional uses would allow for a synergistic multi -use environment for multi- family residential units, neighborhood retail, and office uses that are envisioned as a 24/7 urban environment. LARGE -SCALE RETAIL USERS 4 National retailers not currently In the local marketplace or relocation of existing large -scale retailers looking for expansion opportunities. Additional smaller users and service users may be in this area. Financial institutions Service Businesses Print Shops Real Estate Offices Travel Agencies Gas Stations Big Box Retail Medical /Dental Offices Leisure Entertainment Game Arcades Residential Units Movie Theaters Office Museum Studios (Art, Photography) Bowling Alley Pool Hall Music Night Club Sports Exercise Club Restaurants aN�¢li'i�li�i« gliwli GATEWAY RETAIL ATORILLIA RD 5 200TH ST The Intersection of Orlllia Road and 5 200th Street allows for the opportunity to create a retail gateway for the property due to the high visibility along Orlllia Road. RETAIL CENTER AT 5 200TH SOUTHCENTER PARKWAY The Intersection of the realignment of Southcenter Parkway and 5 200th Street allows for the opportunity to create a retail center that could serve the surrounding campus office uses. �`��i'41II III ,wYU NIa44uIlCillAtp trytb 17115 r- �,Pr,'E7 EI ,1rYlli IVrI 'i,iul �iq�li lw :1)i( tirnw 0 +1 rTiI� "�I 1 1 1 h Itdtf..l'U F Olt tk 4 ti61 �irh ;�4waLa Ifital La Planta LLC TUKWILA SOUTI -I PROJECT MASTER PLAN MAY 2509 �•Iy�'4 I 'l lVl l h iilS)I'� �al' l ,tl r,, �,,•114�1 ai REGIONAL EMPLOYMENT OPPORTUNITIES Numerous areas on the site could accommodate national and international companies specializing in emerging technology industries drawn to a campus setting with expansion potential; a range of supporting retail, residential, hotel and recreational uses; adjacent amenities; close proximity to Sea-Tac airport; and direct access to the regional transportation infrastructure network (I -5,1 -405, and SR 167) and multi -modal transportation options. Given its location adjacent to the Green River and the Tukwila Urban Center and its prominent Mt. Rainier views, the site offers such users the potential for a truly distinctive "signature" property. Loc tIon5 of usesshown nn this plan are conrepNal an Wi ll.be "determined'by'm,'rket forces. "To create a campus, there must be a cohesive environment, appropriate building placements that frame organized open spaces, logical pedestrian circulation to the core of the campus and simplified vehicular circulation. Access to amenities (restaurants, hotels, retail, etc.) that are close to the workplace allow for employees to shop during lunch hours or breaks without a car.This also allows employees to collaborate with other team members within the campus, as opposed to accessing their cars, which can be inconvenient; to interact with other parts of their business. Another consideration in the development of campuses is the regulation of the overall look of structures. Design standards allow for similar construction of residential, retail, or office buildings.The buildings will be uniform In their quality of design, construction, and material so that the development Is cohesive in nature:' (Source: Mike Sheridan, "Urbanizing the Campus Urban Land institute, Nov /Dec 2001) TUKWILA SOUTH PROJECT MASTER PLAN i.a Pinta LLC MAY 2000 USES INCLUDE: Professional Office Research Development Hotels Day Care Facilities Parking Facilities Administrative Conference Convention Space Medical and Dental Offices Residential Units Flex -Tech Retail Restaurants Health Care Services Government Services Light Manufacturing Uses Service Commercial Business Services Representative uses for this district lu�ll ^'.r`(u'lisr "•I.,,i'f);a,t�;l�l y i'.1. y k'•I COLLINSWOERMAN SHORELINE USES NOR a'rn W {)JY :n; nmllXJinrttm ,liiafi Mbnfinaa44I' 7 ,;0 rat ,,,,,,,,a ;n ,,,,i,,n• +ur; nil a9'or r;c�nrmPUhani�nUl 200' Uabnn E elronrns nC 100' 60 40' High lmpodt EnciMnnhanf LOW inggy:1. Rtrar Emir mart. Emrkvnmant yp. The Tukwila South property's eastern edge is formed by the Green River, from 5 180th Street along the north end, to 5 200th Street on the south end. Development within 200 feet along the Green River is regulated by the following shoreline regulations: RIVER ENVIRONMENT :THE AREA BETWEEN THE MEAN HIGH WATER MARK AND THE LOW IMPACT ENVIRONMENT, HAVING THE MOST ENVIRONMENTALLY PROTECTIVE LAND USE REGULATIONS The river environment will contain no uses or structures other than the following: public and /or private trails; recreation amenities such as benches, tables, viewpoints, and picnic shelters (not to exceed 15 feet in height); support facilities for pollution control such as runoff ponds and filter systems, provided they are at or below grade; information and direction signs; diking for bank stabilization, erosion control, and flood control purposes; bridges, fire lanes and dike maintenance roads; plaza connectors between buildings and dikes (not exceeding the height of the dike). The uses within the river environment will provide access and enhance pedestrian access along the river. LOW IMPACT ENVIRONMENT: THE AREA BETWEEN THE RIVER ENVIRONMENT AND 100 FEET FROM THE MEAN HIGH WATER MARK Uses in the underlying zoning district will be allowed; however, structures will not exceed 35' in height unless a variance is granted. HIGH IMPACT ENVIRONMENT: THE AREA BETWEEN 100 FEET AND 200 FEET FROM THE MEAN HIGH WATER MARK HAVING THE LEAST ENVIRONMENTALLY PROTECTIVE LAND USE REGULATION All uses allowed in the underlying zoning district will be allowed within the high impact environment. COLLINSWOERMAN Gnren 62NAC ?4IA W (w .*4YWMYN ,tl 1'i2N(IC�rrJ N F Iv. R) 044 04 Fi'llA ✓AWii4'•f'? rt ii �' "r l, I,tin P a it �u1? naV .,r+k Vd•l i 0' 25' 50' tom; m La Planta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 200n TUKWILA SOUTH PROJECT MASTER PLAN La Pianta L.LC MAY 2009 This page intentionally left blank. COLLINSWOERMAN COLLINSWOCIIMAN NATURAL ENVIRONMENT La Pianta LL.0 TUKWILA SOUTH PROJECT MASTER PLAN MAY 2000 NIATURAL ENVIRONMENT INTRODUCTION The Tukwila South property is defined by a steep hillside to the west and the Green River to the east. Concentrated wetland areas and agricultural ditches are found throughout the property's valley floor. Due to the space constraints set by the hillside and the Green River, some of the wetlands and ditches will be impacted in order to achieve project objectives. Due to these impacts, this section summarizes the proposed enhancements and open space network for the property. OPEN SPACE NETWORK The concentrated area of pasture wetland will be protected and enhanced, in combination with improving the associated ditches conveying natural drainage into streams capable of supporting fish rearing and creating nearby "flood-flow refuge "fish habitat within the Green River channel. Tributary stream fish habitat with associated restored wetlands and flood flow refuge on the Green River mainstem were historically present throughout the lower Green River basin, but are now missing and therefore habitat- limiting for fish and a variety of wildlife. The Master Plan will provide for the re- creation of these valuable habitats out of degraded agricultural ditches. In the process, the aquatic habitat enhancement plan will mitigate for filling peripheral and isolated wetlands and ditches now located in active croplands. If residential uses occur on the site, neighborhood parks or access to existing parks in the area will be provided. Existing Johnson Ditch, looking west COLLINSWOERMAN Existing agricultural uses along 5 204th Street, looking northeast Existing agricultural uses along the Green River, looking south Over Envlronm ee aII Natura ent.Erihan'' ts',(Open, Work with the City ofTukwila to build create a pedestrian bridge from the property to Briscoe Park and the Green River Trail network. Enhancement of Johnson Creek into a fish friendly tributary connected to the Green River Creation of back -water fish habitat in the Green River %Ern Restoration of a wetland complex of approximately 32 acres associated with the tributary drainage of the Green River that was historically present, but now absent in the basin Preservation of approximately 50 -60 acres of hillside along the western valley wall HILLSIDE Portions of the hillside on the north end of the property will be graded and re- landscaped to accommodate the relocation of 5 178th Street and to provide fill material for the project. On the south end of the site, north of S 200th Street, it is expected that portions of the hillside will be graded to accommodate development. Special design consideration will be covered within the design guidelines for this area. Le Planta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2000 111,7,131.1 Q ,31� 11 i;1, SENSITIVE: AREA MASTER PLAN The Tukwila South Project Sensitive Area Master Plan Overlay (SAMP) will result in greater environmental benefits than could be achieved under standard TMC Sensitive Areas Ordinance (SAO) provisions. The Tukwila South project site is uniquely suited to provide substantial local and regional habitat benefits. The site contains Johnson Ditch, a degraded tributary to the Green River, that could be restored to functioning fish habitat. Johnson Ditch is adjacent to over 30 acres of poor- quality wetlands now in cropland production that could be rehabilitated as habitat. The project is adjacent to the Green River where it is confined within levees that have eliminated most off channel habitat necessary for anadromous salmon, affording an opportunity to create this type of habitat, which regional Green River studies have identified as a high priority for salmon population restoration. The purpose of theTukwila SAO under TMC 18.45.010 is to protect the environment, human life, and property; to designate and classify ecologically sensitive and hazardous areas and protect these areas and their functions and values; and to allow for reasonable use of public and private property. By using the Master Plan provisions of the SAO, theTukwila South project developed a proposal consistent with project function and needs, substantially enhancing regional fisheries and wetland functions, and preserving water quality. The net gain in environmental benefits using the SAMP is far greater from both within -site and regional habitat benefits than could be achieved using standard TMC SAO provisions. TUKWII.A SOUTH PROJECT MASTER PLAN b Pianta LLC MAY mnn By focusing on creating a net environmental benefit as promoted by the SAMP Overlay Provisions, rather than on mitigation using like -kind and avoidance measures emphasized by standard TMC SAO requirements, theTukwila South project will convert poor quality agricultural ditches and poor quality agricultural cropland wetlands into higher quality fish habitat and associated wetlands. Rather than avoiding or retaining ditches providing little or no fish access and impairing the quality of water delivered to the Green River, the project will create a out migration holding, summer rearing, winter refuge, and upstream migration holding fish habitat in the Green River. The need for this type of off- channel habitat at this location is recognized by the Green River Habitat Limiting Factors Analysis for Washington Resource Inventory Area (WRIA) 9. Rather than avoiding Johnson Ditch and leaving it and poor quality buffers in place as required under standard TMC SAO provisions, the project will relocate and restore Johnson Creek in a larger channel with greatly enhanced fish passage to the Green River through a fish passable floodgate, further opening up off channel habitat now regionally limiting to anadromous and resident fish in the Green River. The SAMP calls for the project to rehabilitate more than 32 acres of degraded cropland wetlands and connect them in a habitat corridor through the Johnson Creek channel to the Green River. Existing conditions COLLINSWOERM(N FLOOD PRO TECTION Relocation of the flood protection barrier dike from S 195th Street to the southern boundary of the site (approximately 120 to 140 feet north of 5 204th Street) will create contiguous buildable area and allow development of a large -scale campus environment. At its existing location, the flood protection barrier dike precludes development south of the dike due to the infeasibility of obtaining flood insurance. The flood protection barrier dike will be relocated in the initial phase of the project and will provide emergency flood protection to the entire site. It will extend from the Green River levee, across the valley at a corresponding elevation (35 feet). As indicated, the relocated flood protection dike will separate the proposed realigned Johnson Creek and wetland rehabilitation area (described below) from the developed portions of the site, and will provide for continuation of the existing hydrologic support to these areas. 4 COLLINSWOEIIMAN itLbcrt7Cb•:r~'t..44;Db' rfiolfpC .1p Mr!dltrt;(erj, cr r K bHrVM EXIS1'Md G CUr 3TYPJCp>n'� .1y1 S R/4r?E r (NT rr �T IT rvz n, f n. i SSfri Cross section of relocated flood protection barrier dike and relocated Johnson Creek 7.201 Tet 1 The flood protection barrier dike will be relocated In the initial phase of the project and wou d provide emergency flood protection to the entire site. 4� nF r a M1?norrinu I {artll M/m�n tr A*"�rcan" rr II1K i 11 i k", d o A:l i.'yT4 M'SIA.I Plan view of relocated flood protection barrier dike and relocated Johnson Creek La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2009 it 4 f 1 Ali '111 A� p I�N'ii @><1�114 "1!� �1�i1I ;11)k` \i1Y ll� li rJVIY^ HAABITAT °ROTEC ION The Tukwila South M aster Plan includes a number of activities that have the potential to directly or indirectly affect fish. These include: Extension and expansion of Southcenter Parkway Realignment of S 178th Street Relocation of the existing flood protection barrier dike Cconstructlon of one new stormwater outfall Into the Green River Relocation of a portion of the Green River levee and construction of a new off- channel rearing area for salmonids Relocation and enhancement of Johnson Ditch including a new stream outfall location Filling or culverting of five fish bearing agricultural ditches Mass grading to increase site elevations Section 18.45.160 of the Tukwila Municipal Code (TMC) provides an alternative method for preservation of existing individual wetlands, watercourses, and their buffers in situations where a master plan for alteration and mitigation would result in improvements to water quality, fish and wildlife habitat, and hydrology beyond those that would occur through strict application of the provisions of the TMC. The proponent for the Tukwila South project will develop the site and mitigate environmental impacts under a Sensitive Areas Master Plan (SAMP) as allowed by the TMC. TUKWILA SOUTH PROJECT MASTER PLAN La Planta LLC MAY 20011 WATER QUALITY The construction and developed conditions water quality evaluation concluded there is a reasonable expectation of preserving or slightly enhancing most aspects of water quality important to fish habitat. The quality improvements are expected from enhanced riparian functions and reduced agricultural chemical use. While fecal coliform and zinc concentrations may increase slightly, coliforms do not affect fish habitat quality, and Wl y�K .�1 �714�MNfl 1 1 1 1 11 1 IM ECTiol, Green River Habitat Creation Area (Cross Section) A a COLLWSWOERMAN COLLINSWOERMAN INFRASTRUCTURE 'WING La Planta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2000 INFRASTRUCTURE INTRODUCTION The Infrastructure Development Phase is expected to take three years (currently projected for the year 2006 -2008 time period), and will include the following elements: Implementation of a mass grading program to construct the major infrastructure elements The extension and expansion of Southcenter P along the base of the western hillside through area Realignment of 5 178t Street to intersect with Segale Park Drive C Installation of sanitary sewer, water, and other utilities within Southcenter Parkway Relocation of the existing flood protection barrier dike from S 196th Street to the southern boundary of the site (north of S 204th Street) establish site grades and arkway in a new alignment the Tukwila South planning Southcenter Parkway at Installation of a temporary construction stormwater management system, including a polymer treatment system for stormwater runoff Installation of a comprehensive permanent stormwater control and water quality system for the entire site, including two new stormwater outfalis into the Green River Implementation of a natural resource mitigation plan, of which the primary features include: creation of an off channel habitat restoration area adjacent to the Green River; rehabilitation of a wetland complex associated with tributary drainage to the Green River; and restoration of Johnson Ditch into a fish- friendly tributary connected with the Green River It may be necessary in the future to relocate an existing fire station closer to the project, or within the property. SOUTHCENTER PARKWAY S 178TH STREET REALIGNMENT The location of the expanded Southcenter Parkway is a critical element of the Master Plan. The goal is to move the new alignment toward the toe of the eastern hillside. This creates the largest contiguous parcels for development, and allows travellers on Southcenter Parkway to not only experience the development, but the hillside as an amenity and open space. This location for the high capacity boulevard also allows space for a secondary road system that will create additional transportation capacity as the project develops. S 178th Street will be realigned for better east- west circulation and enhanced safety. COLLINSWOERMAN ��i�nel +1 hl�iJl 4li 4i,1 „I,illi'1{ b1,1 'lidllir.' GRADING PLAN The Tukwila South Master Plan proposes to establish site grades as part of an overall mass earthwork program at the outset development will have begun. The extension and realignment of Southcenter Parkway will be finished, mitigation for environmental impacts will have been constructed, and all of the stormwater detention and water quality infrastructure will be in place. La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2009 TUKWILA SOUTH PROJECT NIASTER PLAN La Pianta LLC WV 2000 This page intentionally left blank. COLLINSWOERMAN C DEVELOPMENT PHASING La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2009 THE STARTING POINT The Tukwila South project has the opportunity to transition the property from an agricultural and industrial property to an urban destination that will attract users and visitors beyond those who live and /or work there. The synergistic mix of uses and the full range of planned activities will allow the Segale family to build a community over time. While we believe this property will develop in phases, the market may require that development occur in multiple locations at the same time. This is why the commitment was made to develop the infrastructure first. This will allow the property to address the total market from Day One. COLLINSWOI?RMAN �khmat'ISnMk Locatlons.of uses 316■n on thls'plan are conceptual andwlll ,bedewrmined THE STARTING POINT PHASE 1 Due to the proximity of the Tukwila Urban Center, current market demands indicate a need for neighborhood oriented retail. It is likely the first phase of development would occur on the north and central portions of the property. THE NEXT STEP PHASE 2 Expansion and market demands will allow the campus environment to expand to the south toward S 200th Street. � i(uf4i'if u gifh 16,tl I�Ip.i, �ul�tiPjr,, Conceptual Phase 1 Development Program 200,000 sf Retail Grocery Store -Drug Store Restaurants Dry Cleaners Deli Neighborhood Services 200 Residential Units Up to 250,000 sf Office and Research Development THE FINAL STEP PHASE 3 Due to the existing uses within the Segale Business Park, it is likely this area would be the last to redevelop. La Planta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY MA TUKWILA SOUTH PROJECT MASTER PLAN La Pianta LLC MAY 200) This page intentionally left blank. COLLINSWOBRMAN COLLINSWOERMAN APPENDIX La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 200 !i PR I. S R ND BACKGROUND The Segale family has been systematically assembling this parcel for more than 50 years. While there have been discussions about development and markets that could have filled the property with many of the retail and industrial uses common to this part of the valley, the and has yet to see its first significant development. Due to the fact the Segale family has entered into the entitlement process and is prepared to build this unique regional asset, the City of Tukwila and the Segale family share in the opportunity to shepherd its development. Both parties also share in the responsibility to meet the site's full potential as an exciting and robust new regional employment center. Outlined below are the site's context elements that, taken together, create a glimpse of that potential: Heritage of the Segale family: The family has lived on the property for three generations and has assembled the property over the last 50 years. Heritage of the Green River Valley: The Kent Valley has long drawn institutional real estate investors in industrial and large retail developments. The new kinds of developmentTukwila South introduces to the valley will benefit from the same advantages (outlined below) that have contributed to the success of the area's traditional uses. Natural beauty: With commanding views of Mt. Rainier from the property's mile -long hillside as well as views of the Green River and sweeping vistas of greenery, Tukwila South offers wonderful opportunities for amenities and recreation. Puget Sound and Northwest traditions: The region's pioneering culture is nationally recognized for its ability to create new industries from scratch as well as reinvent established industries. Tukwila South has the opportunity to further this tradition by establishing a major new employment center based on jobs that create intellectual property. COLLINSWOERMAN Authenticity: Tukwila South must be authentic to its physical and historical context, and to the opportunities that will drive its success. It must reflect the values of the Northwest culture: community, sustainability, diversity, and healthy life- style. Tukwila Urban Center: The regional mall and the surrounding retail uses represent one of four major retail environments in the greater Puget Sound area. Home to in excess of 3 million square feet of goods and services, our neighbor to the north is already considered a regional destination. SeaTac: Within a 5- minute drive, SeaTac International Airport is the largest investment of public transportation infrastructure in five Western states. More than 25 million travellers use SeaTac every year. Adjacency to transportation infrastructure: Located at the crossroads of the state's two busiest interstate highways, Tukwila South offers potential businesses and residents several convenient access points to both 1 -5 and set aside for wetlands protection and enhancement, and stormwater management. Diversity: South King County currently supports one of the region's most economically and socially diverse populations. New jobs, goods and services, housing, and public services will need to address this diverse citizenship and create a welcoming place for all. With this background as our starting point, we have created guiding principles for the Tukwila South Master Plan. It is from these that our development plan has been conceived. La Planta LLC TUI<WILA SOUT -I PROJECT MASTER PLAN MAY 211911 TUKWILA SOUTH PROJECT MASTER PLAN La Pianta LLC MAY 2000 This page intentionally left blank. COLLINSWOERMAN wV sL ooz az /b 6MP GO /.L P d \6�MP \1.1A *IV r1 OMS--I,VM)I?IVrI- l oZ., —1 L IIIh, I A< L 1f0 VO W d�QMS J. l/�Nf1 ?I?I \VMd „L�I�WrI „o J� I �I`1 I,VM)IIVc,� 11111111 Mu 111 ::10111: low all A rita UMW 111 Ira W Q U 0 0 Z F- 0 E a W W cc 0 Z J Jz w a 0 W W co CO W 0 LU8 o LU °az o Q CL�u Z J I CAS Number 09-068 AC.;I:NI) I'rEarTIME. An ordinance amending Tukwila Municipal Code, Title 18, "Zoning Code" to reflect the addition of a new Tukwila South Overlay District. C.1' r'i•:GORY Ditch wion (1 Motion Resolution Ordinance Bid Award Public Hearing Other 111tg Date 5/26/09 Mt: Date lit: Date lltg Dat6L 9 tilt: Date illtg Date 05/26/09 Mtg Date 1SPONSOR Coltncil Alayor Adm SvcJ DCD Finance Fire Legal P &R Police P117 Si )NSOR'S siimmAity Fund Source: Continents: 1 MTG. DATE 05/26/09 06/01/09 06/08/09 I :feetino Date 05/26/09 06/01/09 06/08/09 COUNCIL AGENDA SYNOPSIS Prepared by LV LV LV Initla /s I Mayor's review 1 A a 1 Council review L2 1 21 it.) 1 8 ITEM INFORMATION I ORIGINAL AGENDA DATE: MAY 26, 2009 ITEM ND. 3 C. Adoption of the amendments to the Zoning Code section of Title 18 of the TMC will provide improved means of land division and apply citywide. The Planning Commission held a public hearing on September 29, 2005 and reviewed the proposal and voted unanimously on a recommendation of approval to City Council at its September 29, 2005 meeting. Public hearing on this issue has been scheduled for May 26, 2009. :No a) BY COW Mtg. CA &P Cmte Utilities Cmte Arts Comm. DA IE: 05/26/09 RECOMMENDATIONS: SPONSOR /ADMAN. Mayor's Office recommends approval. C( )MMrITEE F &S Cmte Parks Comm. COST IMPACT FUND SOURCE EXPENDITURE{ REQUIRED AMOUNT BUDGETED 1 MTG. DATE 1 05/26/09 IForward to 06/01/09 Regular Meeting 06/01/09 1 Forward to 6/08/09 Special Meeting RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 05/26/09, STAFF REPORT L 05 29A Draft Ordinance with Exhibit. Same as above, with ordinance in strike through /underline format Ordinance in Final Form Transportation Cmte Planning Comm. APPROPRIATION REQUIRED City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO REFLECT THE ADDITION OF A NEW TUKWILA SOUTH OVERLAY" DISTRICT; ADOPTING THE TUKWILA SOUTH DESIGN MANUAL; REPEALING ORDINANCE NO. 1758 §1 (PART); PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila desires to implement the proposed Tukwila South Master Plan as required by the City's Comprehensive Land Use Plan; and WHEREAS, the City also desires that its Zoning Code include development regulations for the Tukwila South area through creation of a new district called the Tukwila South Overlay "TSO and WHEREAS, the proposed amendments include changes in definitions, administrative design review, setbacks, uses, and administration and enforcement; and WHEREAS, the City also desires to adopt a Tukwila South Design Manual to provide design guidelines for commercial development in the TSO; and WHEREAS, the proposed amendments to the Zoning Code will implement the new TSO district and integrate regulations for that district with the existing code; and WHEREAS, on May 26, 2009, an open record public hearing was held on the Zoning Code amendments, the new Tukwila South Overlay district, and adoption of the Tukwila South Design Manual; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definition Added. A new definition is hereby added to TMC Chapter 18.06 to read as follows: Continuing Care Retirement Community "Continuing care retirement community" means housing planned and operated to provide a continuum of accommodations and services for seniors including, but not limited to, at least two of the following housing types: independent living, congregate housing, assisted living, and skilled nursing care. Section 2. Definition Added. A new definition is hereby added to TMC Chapter 18.06 to read as follows: Research and Development Facility "Research and development facility" means a use in which research and experiments leading to the development of new products or technology are conducted. This definition includes, but is not limited to, facilities engaged in all aspects of bio- medical research and development. This use may be associated with, or accessory to, institutional and commercial uses such as business or administrative offices and medical facilities. Section 3. Ordinance Amended. Ordinance No. 1865 §1, as codified at TMC 18.06.203, is hereby amended to read as follows: Vr: \Word Processing Ordinances Tukwila South Title 18 Zoning Code Amenddoc LV:ksn 06 /01/2009 Page 1 of 31 18.06.203 Design Criteria "Design criteria" explains mandatory design requirements for development proposals subject to design review. They are the decision criteria by which the Board of Architectural Review or DCD Director decides whether to approve, condition or deny a project. Section 4. Ordinance Amended. Ordinance No. 1865 92, as codified at TMC 18.06.204, is hereby amended to read as follows: 18.06.204 Design Guidelines "Design guidelines" consist of advisory or recommended descriptions and illustrations that augment each design criteria, and provide guidance to the project applicant developing the project, to City staff in reviewing a project proposal, and to the Board of Architectural Review or DCD Director in determining whether the project meets the design criteria. Section 5. Ordinance Amended. Ordinance No. 1758 91 (part), as codified at TMC 18.08.010, is hereby amended to read as follows: 18.08.010 Use Districts In order to classify, segregate and regulate the uses of land, buildings, and structures, the City is divided into the following use districts: LDR Low Density Residential MDR Medium Density Residential HDR High Density Residential MUO Mixed Use Office 0 Office RCC Residential Commercial Center NCC Neighborhood Commercial Center RC Regional Commercial RCM Regional Commercial Mixed -use TUC Tukwila Urban Center C /LI Commercial /Light Industrial LI Light Industrial HI Heavy Industrial MIC /L Manufacturing Industrial Center /Light MIC /H Manufacturing Industrial Center /Heavy TS0 Tukwila South Overlay TVS Tukwila Valley South PRO Public Recreation Overlay SOD Shoreline Overlay SAOD Sensitive Areas Overlay Section fi. Ordinance Amended. Ordinance Nos. 2021 §8, 1997, 1986 913, 1974 99, 1954 92, 1814 92, 1774 93, and 1758 91 (part), as codified at TMC 18.36.020, are hereby amended to read as follows: 18.36.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center /Light Industrial district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; W:\ Word Processing Ordinances Tukwila South Title 18 Zoning Code Amend.dcc LV:ksn 06 /01/2009 Page 2 of 31 (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC 18.36.O2O.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building); 3. Beauty or barber shops; 4. Bicycle repair shops; 5. Brew pubs; 6. Bus stations; 7. Commercial laundries; 8. Contractor storage yards; 9. Day care centers; 10. Heavy equipment repair and salvage; 11. Hotels; 12. Industries involved with etching, film processing, lithography, printing, and publishing; 13. Internet data /telecommunication centers; 14. Laundries: a. self- serve; b. dry cleaning; c. tailor, dyeing; 15. Libraries, museums or art galleries (public); 16. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment; 17. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging; 18. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned W:\ Word Processing \Ordinances \Tukwila South Title 18 Zoning Code Arnend.dec LV:ksn 06/01/2009 Page 3 of 31 or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); 19. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs; 20. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood; 21. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment; 22. Motels; 23. Offices including, but not limited, to software development and similar uses, financial services, schools and studios for education or self improvement less than 20,000 square feet; 24. Outpatient, inpatient, and emergency medical and dental; 25. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation; 26. Railroad tracks, (including lead, spur, loading or storage); 27. Recreation facilities (commercial indoor) athletic or health clubs; 28. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks); 29. Rental of commercial trucks and fleet rentals requiring a commercial driver's license; 30. Research and development facilities; 31. Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant; 32. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title; 33. Salvage and wrecking operations that are entirely enclosed within a building; 34. Self- storage facilities; 35. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required; 36. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title; 37. Taverns, nightclubs; 38. Telephone exchanges; 39. Tow truck operations, subject to all additional State and local regulations; 40. Truck terminals; 41. Warehouse storage and /or wholesale distribution facilities; 42. Other uses not specifically listed in this title, which the Director determines to be: W: \Word Processing Ordinances Tukwila South Title 18 Zoning Code Amend.doc LV _ksn 06/01/209 Page 4 of 31 a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 7. Ordinance Amended. Ordinance Nos. 2021 §9, 1986 §14, 1974 §10, 1971 §16, 1814 §2, 1774 §4, and 1758 §1 (part), as codified at TMC 18.38.020, are hereby amended to read as follows: 18.38.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center Heavy Industrial district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC 18.38.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Computer software development and similar uses. 8. Contractor storage yards. 9. Day care centers. 10. Financial: a. banking; b. mortgage; c. other services. W:\ Word Processing Ordinances \Tukv.•ila South Title 18 Zoning Code Amend.doc LV:ksn 06/01/2009 Page 5 of 31 11. Heavy equipment repair and salvage. 12. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop hammering. 13. Hotels. 14. Industries involved with etching, film processing, lithography, printing, and publishing. 15. Internet data /telecommunication centers. 16. Laundries: a. self serve; b. dry cleaning; c. tailor, dyeing. 17. Libraries, museums or art galleries (public). 18. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 19. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 20. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 21. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 22. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 23. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 24. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 25. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 26. Motels. 27. Offices; must be associated with another permitted uses (e.g., administrative offices for a manufacturing company present within the MIC). 28. Outpatient, inpatient, and emergency medical and dental. 29. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 30. Railroad tracks (including lead, spur, loading or storage). 31. Recreation facilities (commercial indoor), athletic or health clubs. 32. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). W: \Word Processing Ordinances \Tukwila South Title 18 Zoning Cede Amend.dec LV:ksn 06/01/2E09 Page 6 of 31 33. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 34. Research and development facilities. 35. Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 36. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 37. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 38. Salvage and wrecking operations. 39. Schools and studios for education or self improvement. 40. Self- storage facilities. 41. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 42. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 43. Taverns, nightclubs. 44. Telephone exchanges. 45. Tow truck operations, subject to all additional State and local regulations. 46. Truck terminals. 47. Warehouse storage and or wholesale distribution facilities. 48. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 8. Ordinance Amended. Ordinance Nos. 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830 §25, 1814 52, 1774 55, and 1758 51 (part), as codified at TMC 18.40.020, are hereby amended to read as follows: 18.40.020 Permitted Uses The following uses are permitted outright within the Tukwila Valley South district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: W: \Word Processing Ordinances \Tukwila South Title 18 Zoning Code Arnend.doc LV:ksn 06/O1/2OO9 Page 7 of 31 (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and Loading Regulations." 13. Computer software development and similar uses. 14. Contractor storage yards. 15. Convalescent and nursing homes for not more than twelve patients. 16. Convention facilities. 17. Day care centers. 18. Dwelling One detached single- family unit per existing lot (includes factory built or modular home that meets UBC). 19. Farming and farm- related activities. 20. Financial: a. banking; b. mortgage; c. other services. 21. Fix-it, radio or television repair shops/ rental shops. W: \Word Processing Ordinances \Tukwila South Tide 18 Zoning Code Amend.dcc LV:ksn 06 /01/2009 Page 8 of 31 22. Fraternal organizations. 23. Frozen food lockers for individual or family use. 24. Greenhouses or nurseries (commercial). 25. Heavy equipment repair and salvage. 26. Hotels. 27. Industries involved with etching, film processing, lithography, printing, and publishing. 28. Internet data /telecommunication centers. 29. Laundries: a. self serve; b. dry cleaning; c. tailor, dyeing. 30. Libraries, museums or art galleries (public). 31. Manufacturing,• processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 32. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 33. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 34. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 35. Medical and dental laboratories. 36. Mortician and funeral homes. 37. Motels. 38. Offices, including: a. medical; b. dental; c. government; excluding fire and police stations; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 39. Outpatient, inpatient, and emergency medical and dental. 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 44. Railroad tracks (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor), athletic or health clubs. 46. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. W: \Word Processing \Ordinances \Tukvnla South Title 18 Zoning Code Amend.dcc LV:ksn 06/01/2C09 Page 9 of 31 47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's License. 49. Research and development facilities. 50. Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 51. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 52. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 53. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 54. Salvage and wrecking operations that are entirely enclosed within a building. 55. Schools and studios for education or self improvement. 56. Self storage facilities. 57. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 58. Studios art, photography, music, voice and dance. 59. Taverns, nightclubs. 60. Telephone exchanges. 61. Theaters, excluding "adult entertainment establishments," as defined by this code. 62. Tow truck operations, subject to all additional State and local regulations. 63. Truck terminals. 64. Warehouse storage and or wholesale distribution facilities. 65. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 9. Ordinance Amended. Ordinance Nos. 1991 §10, 1976 §61, 1865 §47, and 1758 §1 (part), as codified at TMC 18.40.050, are hereby amended to read as follows: 18.40.050 Unclassified Uses The following uses may be allowed within the Tukwila Valley South district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. W: \Word Processing \Ordinances \Tukwila South Title 18 Zoning Code Antend.doc LV:ksn 06/01/2019 Page 10 of 31 3. Electrical substation transmission /switching. 4. Essential public facilities, except those uses listed separately in any of the districts established by this title. 5. Hydroelectric and private utility power generating plants. 6. Landfills and excavations the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 7. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides, except for accessory storage of such materials. 8. Railroad freight or classification yards. 9. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits, together with associated structures. 10. Transfer stations (refuse and garbage) when operated by a public agency. 11. Mass transit facilities. Section 10. Chapter Created. A new TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," is hereby created to read as follows: 18.41.010 Purpose A. This district implements the Tukwila South Master Plan designation and related policies and provisions of the Tukwila Comprehensive Plan. As an overlay district, the Tukwila South Overlay (TSO) district may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan Area. Within the Tukwila South Overlay, the provisions of this chapter shall supersede the provisions of the underlying zoning district. B. The Tukwila South Overlay district is intended to create a multi-use regional employment center containing high technology, office, commercial, and residential uses. National and international_ employers specializing in emerging technologies (bio- tech /life sciences) are featured in campus settings. Retail activities range from individual large -scale national retailers to gateway and village retail and shopping centers that support office and high -tech campuses and residential neighborhoods. A mix of single family and multi- family dwellings at low, medium, and high densities provide a variety of housing opportunities. Tukwila South will create a memorable and regionally identifiable place by building upon the Northwest tradition of quality outdoor environments and quality building materials, combined with traditional Puget Sound building elements. 18.41.020 Permitted Uses The following uses are permitted outright within the Tukwila South Overlay district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult day care. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and W: \Word Processing \Ordinances \Tuk«zla South Title 18 Zoning Code Amend.doc LV:ksn O6 /Q1 /2CQ9 Page 11 of 31 facilities; (b) Care centers, preschools, nursery schools or other child care (3) In or within 1,000 feet of: (a) public park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in MC 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenters shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Day care centers. 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single family unit per lot; b. multi- family; c. multi- family units above office and retail space; d. senior citizen housing. 20. Electrical substation and distribution. 21. Farming and farm- related activities. 22. Financial: a. banking; b. mortgage; c. other services. W: \Word Processing Ordinances Tukwila South Title 18 Zoning Code Amend.dcc LV:ksn 06/01/2009 Page 12 of 31 23. Fire and police stations. 24. Fix-it, radio or television repair shops/ rental shops. 25. Fraternal organizations. 26. Frozen food lockers for individual or family use. 27. Greenhouses or nurseries (commercial). 28. Hospitals, sanitariums and similar uses. 29. Hotels. 30. Industries involved with etching, film processing, lithography, printing, and publishing. 31. Internet data /telecommunication centers. 32. Laundries: a. self- serve; b. dry cleaning; c. tailor, dyeing. d. commercial. 33. Libraries, museums or art galleries (public). 34. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 35. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 36. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 37. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 38. Medical and dental laboratories. 39. Motels. 40. Movie theaters with three or fewer screens. 41. Neighborhood stormwater detention and treatment facilities. 42. Offices, including: a. medical; b. dental; c. government, excluding fire and police stations; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 43. Outpatient, inpatient, and emergency medical and dental. 44. Pawnbrokers. 45. Planned shopping center (mall) up to 500,000 square feet. 46. Plumbing shops (no tin work or outside storage). 47. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 48. Private stable. W: \Word Processing Ordinances Tukwila South Title 18 Zoning Code Amend.doc LV:ksn 06 /01/2009 Page 13 of 31 49. Recreation facilities (commercial indoor), athletic or health clubs. 50. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 51. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 52. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 53. Research and development facilities. 54. Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 55. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 56. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 57. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 58. Schools and studios for education or self improvement. 59. Self- storage facilities. 60. Sewage lift stations. 61. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 62. Studios art, photography, music, voice and dance. 63. Taverns, nightclubs. 64. Telephone exchanges. 65. Theaters for live performances only, not including adult entertainment establishments. 66. Tow truck operations, subject to all additional State and local regulations. 67. Water pump station. 68. Vehicle storage (no customers onsite, does not include park -and -fly operations). 69. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 18.41.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila South Overlay district as follows: W: \Word Processing Ordinances \Tukwila South Title 18 Zoning Code Amend.doc LV:ksn O6 /01/2009 Page 14 of 31 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 3. Family child care home, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other accessory uses permitted within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 18.41.040 Conditional Uses The following uses may be allowed within the Tukwila South Overlay district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title and subject to a determination that the use is consistent with and furthers the vision and principles established by the Tukwila South Master Plan. 1. Cemeteries and crematories. 2. Churches and community center buildings. 3. Helipads, accessory. 4. Utilities, regional. 5. Mortician and funeral homes. 6. Park- and -ride lots. 7. Radios, television, microwave, cellular or observation stations and towers. 8. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 9. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. W: \Word Processing Ordinances Tukwila South Title 18 Zoning Code Amend.doc LV:ksn O6/01/2009 Page 15 of 31 10. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 11. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other conditional uses permitted within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 18.41.050 Unclassified Uses The following uses may be allowed within the Tukwila South Overlay district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Electrical substation transmission/ switching. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Mass transit facilities. 5. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides, except for accessory storage of such materials. 18.41.060 Special Permission Uses The following uses may be allowed within the Tukwila South Overlay district as a Type 3 Special Permission Decision. 1. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 2. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; W:\ Word Processing Ordinances Tukvnla South Title 18 Zoning Code Amend.doc LV:ksn 06/01/2009 Page 16 of 31 f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 18.41.070 On -Site Hazardous Substances No on -site hazardous substance processing and handling or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC Chapter 21.08.) 18.41.080 Design Review A. The Director shall require that all development within the Tukwila South Overlay district is consistent with the policies of the Tukwila Comprehensive Land Use Plan and the Tukwila South Master Plan, and conforms to the requirements of this title and any applicable development agreement. B. Design review is required for all non exempt development within the Tukwila South Overlay district. The applicant may submit a site plan for review for all or a portion of the area covered by the Tukwila South Master Plan. Application requirements are provided by TMC Section 18.104.060. All applications for design review within the TSO shall be processed as Type 2 decisions per TMC Chapter 18.60. Prospective applicants are encouraged to schedule a pre application conference as provided by TMC Section 18.104.050 prior to submitting a design review application. C. The following development activities are exempt from design review: 1. Interior remodeling of existing buildings or structures. 2. Underground utility projects. 3. Detached single family subdivisions subject to TMC Title 17 Subdivisions and Plats. 4. Exterior repair, reconstruction, cosmetic alterations or improvements if the cost of that work is less than 10% of the building's assessed valuation. 5. Development that is categorically exempt under the State Environmental Policy Act (SEPA) (RCW 43.21C). D. Design review includes an examination of the following elements: placement and scale of structures, design, height, foil'', parking, access, signage, vehicular and pedestrian connections and circulation, environmental considerations, open space, landscaping, and infrastructure needs as described in the Tukwila South Master Plan or any applicable development agreement. The purposes of the review process include: 1. Allowing City staff to review the detailed arrangement of the proposed development to ensure it is consistent with the intent and scope of the Tukwila South Master Plan, as well as any applicable development regulations, zoning district provisions, design review standards, and any approved development agreement provisions. 2. Assure the proposed development is compatible with both the physical characteristics of the site, and the existing and potential uses of the surrounding area as described in an approved Master Plan. 3. Ensure compliance with the requirements of the State Environmental Policy Act (SEPA RCW 43.21C) and other applicable regulations and standards. E. All design review applications for development within the Tukwila South Overlay district shall be reviewed in accordance with the following criteria. When two or more of the criteria listed below conflict, the Director shall evaluate the applicability and importance of each based on the intent of the Tukwila South Master Plan and reasonably balance any conflicting criteria in reaching a design review decision. 1. Substantial conformance with the Tukwila South Master Plan, including but not limited to, fostering the vision and guiding principles of the Master Plan. W: \Word Processing Ordinances Tukwila South Title 18 Zoning Code AmencLdoc LV:'un 06/01/2039 Page 17 of 31 2. Compliance with the applicable district standards in this title, and other applicable City regulations. Modifications to the development standards may be requested as part of design review per TMC Section 18.41.100. 3. Substantial consistency with Tukwila Comprehensive Land Use Plan goals and policies. 4. Substantial conformance with the provisions of any applicable development agreement. 5. Substantial conformance with all applicable mitigation measures identified in the associated EIS or other SEPA documents. 6. Adequate public services and facilities necessary to accommodate the proposed use and density are or will be made available. 7. The site is physically suitable for the type of development and for the intensity of development proposed. 8. Approval of the application will not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements of adjacent properties and public facilities. 9. Substantial conformance with the criteria contained in the Tukwila South Design Manual. 10. Substantial conformance with the Master Open Space and Trails Plan, if applicable. F. Upon completion of the City's review, the Director shall approve, approve with conditions or deny the application, as follows: 1. If the Director finds the application meets the applicable criteria and is consistent with the approved Master Plan for that area of the Tukwila South Overlay district, the Director shall approve the proposal. 2. Approve with Conditions: If the Director finds the application does not adequately address one or more of the applicable criteria, but is consistent with the approved Master Plan for the Tukwila South Overlay district, and there is a reasonable basis for conditions, the Director may approve the application with conditions. The intent of such conditions is that they mitigate an impact consistent with the intent of the applicable criterion. Conditions of approval may include, but are not necessarily limited to, the relocation or modification of the proposed structures, additional landscaping, buffering, screening, relocation of access, or other measures necessary to mitigate any impact or reduce hazards. The Director shall specify when the conditions shall be met. 3. Denial: If the Director finds the application does not meet applicable criteria and reasonable conditions cannot be found to mitigate the impact or reduce hazards, the Director shall deny the application as proposed. The Director's decision must specify the reasons for the denial based upon the review criteria. 18.41.090 Basic Development Standards A. Standards for residential uses will be developed at a later date. B. NON RESIDENTIAL USES: Lot I N/A 1 Setbacks: 1 Front adjacent to a public street 15 feet* 1 Second Front adjacent to a public 15 feet* street Sides None increased to 10 feet if adjacent to residential use or non -TSO Zoned property \Word Processing Ordinances \Tukwila South Title 18 Zoning Code Amend.doc LV:ksn 06/01/2009 Page 18 of 31 Rear None*; increased to 10 feet if adjacent to residential use or non -TSO zoned property Height 125 feet Landscaping: Fronts adjacent to a public street 15 feet Side None; increased to 10 feet if adjacent to residential use or non -TSO zoned property Rear None; increased to 10 feet if adjacent to residential use or non -TSO zoned property Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for requirements 1 Off street parking: 1 See TMC Chapter 18.56 1 "Subject to modification to meet Fire Department Access Requirements 18.41.100 Modifications to Development Standards through Design Review A. An applicant may request a modification to the Basic Development Standards established by TMC Section 18.41.090 as part of a design review application. The applicant shall submit a written description of the proposed modification and address the decision criteria stated below in subsection B; the Director may condition the approval of a modification request when such conditions are necessary to achieve conformity with these decision criteria. B. The Director may grant modifications for individual cases provided the Director shall find that: 1. The modification is required due to unique circumstances related to the subject property that create significant practical difficulties for development and use otherwise allowed by this code; 2. The modification conforms to the intent and purpose of the Tukwila South Master Plan, any applicable development agreements, and this code; 3. The modification will not be injurious to other property(s) in the vicinity; 4. The modification will not compromise the current or reasonably anticipated provision of circulation, access, utility service or any other public service; and 5. An approved modification shall be the minimum necessary to ameliorate the identified practical difficulties giving rise to the request. 18.41.110 Final Site Plan A. Within 90 days of the approval by the Director, final plans shall be prepared and filed with the City. These plans shall include all required modifications and applicable conditions contained in the Director's Notice of Decision. B. The final plans are not required to be recorded unless there is an associated land division application, such as a binding site plan or subdivision. 18.41.120 Performance Guarantee The Building Official may not issue a Certificate of Occupancy until all improvements included in the approved plans have been installed and approved, with the following exceptions: 1. A performance guarantee has been posted for the improvements not yet completed. W: \Word Processing Ordinances \Tukwila South Tide 18 Zoning Code Amend.doc LV :ksn 06/01/2019 Page 19 of 31 2. The phasing of improvements has been accounted for in an associated Binding Site Plan, infrastructure phasing agreement, a condition of approval, or a development agreement. Section 11. Ordinance Amended. Ordinance No. 1758 §1 (part), as codified at TMC 18.46.020, is hereby amended to read as follows: 18.46.020 Permitted Districts Planned residential development (PRD) may be permitted in the LDR, MDR and HDR residential districts and in the TSO district when there are wetlands, watercourses, and associated buffers on the lot. Section 12. Ordinance Amended. Ordinance Nos. 2066 §1 and 1989 §9, as codified at TMC 18.50.060, are hereby amended to read as follows: 18.50.060 Cargo Containers as Accessory Structures A. Cargo containers are allowed outright in the LI, HI, MIC /L, MIC /H and TVS zones, subject to building setbacks. B. New containers may be allowed as accessory structures in LDR, MDR, and HDR for institutional uses, and in RC, RCM, TUC, TSO and C /LI for any permitted or conditional use. All new containers are subject to a Type 2 special permission decision and the restrictions in the various zoning districts. C. Criteria for approval are as follows: 1. Only two cargo containers will be allowed per lot, maximum length of 40 feet. 2. The container is located to minimize the visual impact to adjacent properties, parks, trails and rights -of -way as determined by the Director. 3. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -of -way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 4. If located adjacent to a building, the cargo container must be painted to match the building's color. 5. Cargo containers may not occupy any required off street parking spaces. 6. Cargo containers shall meet all setback requirements for the zone. 7. Outdoor cargo containers may not be refrigerated. 8. Outdoor cargo containers may not be stacked. D. Licensed and bonded contractors may use cargo containers in any zone for temporary storage of equipment and /or materials at a construction site during construction that is authorized by a City building permit. Section 13. Ordinance Amended. Ordinance No. 1872 §14 (part), as codified at TMC 18.52.020, is hereby amended to read as follows: 18.52.020 Perimeter Landscaping Requirements by Zone District A. In the various zone districts of the City, landscaping in the front, rear and side yards shall be provided as established by the various zone district chapters of this title. These requirements are summarized in the following table. Zoning Districts MDR HDR MUO Front Yard (Second Front) 15 15 15 (12.5) Landscape Type for Fronts Type I Type I Type 6 Side Yard 10 10 5 3 W: \Word Processing Ordinances\ Tukwila South Title 18 Zoning Code Amend.doc LV:ksn 06 /01/2009 Rear Yard 10 10 5 3 Landscape Type for Side/ Rear Type I Type I Type I Page 20 of 31 O RCC NCC RC RCM TUC C/ LI LI HI MIC/L MIC /H TVS 15 (12.5) 20 (10) 2 5 10 10 15 2 12.5 4 12.5 12.5 5 5 15 2 TSO 15 Type I Type I Type I Type I Type I Type I Type I Type II Type II Type II Type II Type II Type I 5 5 0 53 5 0 5 4 0 0 0 0 0 0 9 Notes: 1. Minimum required front yard landscaped areas in the MDR and HDR zones may have up to 20% of their required landscape area developed for pedestrian and transit facilities upon approval as a Type 2 special permission decision. 2. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to approval as a Type 2 special permission decision. Required plant materials will be reduced in proportion to the amount of perimeter area devoted to pedestrian oriented space. 3. Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR. 4. Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR. 5. Increased to Type II if the front yard contains truck loading bays, service areas or outdoor storage. 6. Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or HDR. 7. Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or HDR. 8. Only required along public streets. 9. Increased to 10 feet if adjacent to residential uses or non -TSO zoning. B. The landscape perimeter may be averaged if the total required square footage is achieved, unless the landscaping requirement has been increased due to proximity to LDR, MDR or HDR. Landscape perimeter averaging may be allowed as a Type 2 special permission decision if all of the following criteria are met: 1. Plant material can be clustered to more effectively screen parking areas and blank building walls. 2. Perimeter averaging enables significant trees or existing built features to be retained. 3. Perimeter averaging is used to reduce the number of driveways and curb cuts and allow joint use of parking facilities between neighboring businesses. 4. Width of the perimeter landscaping is not reduced to the point that activities on the site become a nuisance to neighbors. 5. Averaging does not diminish the quality of the site landscape as a whole. Section 14. Ordinance Amended. Ordinance No. 1872 §14 (part), as codified at TMC 18.52.035, is hereby amended to read as follows: 18.52.035 Interior Parking Lot Landscaping Requirements Landscaping within parking areas shall be provided as shown below. W: \Word Processing \Ordinances \Tukwila South Title 18 Zoning Code Amend_dcc LV:ksn 06/01/2009 5 Type I 10 Type II 0 Type II 0 Type II 0 3 Type II 7 0 3 Type II 0 TypeII 0 Type III 0 Type III 0 4 Type III 0 4 Type III 0 Type III 0 Type III Page 21 of 31 1. Requirements for each distinctly separate parking area within the MDR and HDR zones: a. For areas with up to 20 parking stalls per parking area, no interior landscaping is required. b. For areas with 21 40 parking stalls per parking area, 7 square feet of interior landscape area is required for each parking stall. c. For areas with more than 40 parking stalls per parking area, 12 square feet of interior landscape area is required for each parking stall (see Multi- Family Design Guidelines, Site Planning Section, No. 31, for the normal 15 square feet to be provided). d. All parking areas shall have a perimeter landscape strip a minimum of 2 feet wide with an average width of 5 feet. 2. Requirements for parking lots within the 0, MUO, RCC, and NCC zones: a. For lots with up to 20 parking stalls, no interior landscaping is required. b. For lots with 21 40 parking stalls, a minimum of 10 square feet of interior landscape area is required for each parking stall over 20. c. For lots with more than 40 parking stalls, a minimum of 200 square feet of interior landscape area plus 15 square feet for each parking stall over 40 is required. For areas placed behind buildings or otherwise screened from streets, parks and City trails the interior landscape requirement is reduced to a minimum of 200 square feet plus 10 square feet for each parking stall over 40. 3. Requirements for parking lots within the RC, RCM, TUC, C /LI, TSO and TVS zones: a. For areas adjacent to public or private streets, a minimum of 15 square feet of landscaping is required for each parking stall. b. For areas placed behind buildings or otherwise screened from streets, parks and City trails a minimum of 10 square feet of interior landscape area is required for each parking stall. 4. Planting Standards: a. Interior landscape islands shall be distributed to break up expanses of paving. Landscaped areas shall be placed at the ends of each interior row in the parking area, with no stall more than 10 stalls or 100 feet from a landscape area. b. The minimum size for interior parking lot planting islands is 100 square feet. c. Planting islands shall be a minimum of 6 feet in any direction and generally the length of the adjacent parking space. d. Raised curbs or curb stops shall be used around the landscape islands to prevent plant material from being struck by automobiles. e. A minimum of 1 evergreen or deciduous tree is required per landscape island, with the remaining area to contain a combination of shrubs, living groundcover and mulch. Section 15. Ordinance Amended. Ordinance Nos. 2118 §1, 2005 §17, 1865 §50, and 1758 §1 (part), as codified at TMC 18.60.030, are hereby amended to read as follows: 18.60.030 Scope of Authority A. The rules and regulations of the Board of Architectural Review shall be the same as those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission. W: \Word Processing Ordinances Tukwila South Title 18 Zoning Code Amend.doc LV:ksn 06/01/2009 Page 22 of 31 B. The DCD Director will review projects meeting the thresholds for administrative design review. The BAR will review all other projects requiring design review approval. The Board and the DCD Director shall have the authority to approve, approve with conditions, or deny all plans submitted based on a demonstration of compliance with all of the guidelines of this chapter, as judged by the preponderance of evidence standard. C. Design review is required for the following described land use actions: 1. All developments will be subject to design review with the following exceptions: a. Developments exempted in the various districts; b. Developments in LI, HI, IvIIC /L and MIC /H districts, except when within 300 feet of residential districts or within 200 feet of the Green /Duwamish River or that require a shoreline permit; 2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10% and 25 the changes will be reviewed administratively); a. for sites whose gross building square footage exceeds 10,000 square feet in MUO, 0, RCC, NCC, RC, RCM, TUC and C /LI zoning districts; and b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International Boulevard corridor (see TMC Figure 18 -9). 3. Development applications using the procedures of TMC 18.60.60, Commercial Redevelopment Area. D. For development in the NCC, RC, and MUO zones within the Tukwila International Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards may be waived and conditioned, upon approval of plans by the BAR, in accordance with criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. E. No changes shall be made to approved designs without further BAR or Director approval and consideration of the change in the context of the entire project. Minor amendments to an approved project may be permitted upon request to the Director where they do not substantially change the appearance, intensity or impacts of the project. Major amendments to an approved project will require submittal of a new design review application. A major amendment is a substantial change to elements of the approved plans, including substantially revised building design, alteration of circulation patterns or intensification of development on the site. Section 16. Ordinance Amended. Ordinance Nos. 2199 §20, 1986 §16, 1865 §51, and 1758 §1 (part), as codified at TMC 18.60.050B, are hereby amended to read as follows: B. Commercial and Light Industrial Design Review Criteria. The following criteria shall be considered in all cases, except that multi- family and hotel or motel developments shall use the multi- family, hotel and motel design review criteria; developments within the MUO, NCC and RC districts of the Tukwila International Boulevard corridor (see Figure 18 -9) shall use the Tukwila International Boulevard design review criteria of this chapter; and developments within the TSO district shall use the Tukwila South design review criteria instead: 1. RELATIONSHIP OF STRUCTURE TO SITE. a. The site should be planned to accomplish a desirable transition with streetscape and to provide for adequate landscaping and pedestrian movement. b. Parking and service areas should be located, designed and screened to moderate the visual impact of large paved areas. W: \Word Processing Ordinances Tukwila South Title 18 Zoning Code Amend.doc LV:ksn O6 /01/2009 Page 23 of 31 c. The height and scale of each building should be considered in relation to the site. 2. RELATIONSHIP OF STRUCTURE AND SITE TO ADJOINING AREA. a. Harmony of texture, lines and masses is encouraged. b. Appropriate landscape transition to adjoining properties should be provided. c. Public buildings and structures should be consistent with the established neighborhood character. d. Compatibility of vehicular pedestrian circulation patterns and loading facilities in terms of safety, efficiency and convenience should be encouraged. e. Compatibility of on -site vehicular circulation with street circulation should be encouraged. 3. LANDSCAPING AND SITE TREATMENT. a. Where existing topographic patterns contribute to beauty and utility of a development, they should be recognized, preserved and enhanced. b. Grades of walks, parking spaces, terraces and other paved areas should promote safety, and provide an inviting and stable appearance. c. Landscape treatment should enhance architectural features, strengthen vistas and important axis, and provide shade. d. In locations where plants will be susceptible to injury by pedestrian or motor traffic, mitigating steps should be taken. e. Where building sites limit planting, the placement of trees or shrubs in paved areas is encouraged. f. Screening of service yards and other places that tend to be unsightly should be accomplished by use of walls, fencing, planting or combination. g. In areas where general planting will not prosper, other materials such as fences, walls and pavings of wood, brick, stone or gravel may be used. h. Exterior lighting, when used, should enhance the building design and the adjoining landscape. Lighting standards and fixtures should be of a design and size compatible with the building and adjacent area. Lighting should be shielded, and restrained in design. Excessive brightness and brilliant colors should be avoided. 4. BUILDING DESIGN. a. Architectural style is not restricted; evaluation of a project should be based on quality of its design and relationship to its surroundings. b. Buildings should be to appropriate scale and in harmony with permanent neighboring developments. c. Building components such as windows, doors, eaves, and parapets should have good proportions and relationship to one another. Building components and ancillary parts shall be consistent with anticipated life of the structure. d. Colors should be harmonious, with bright or brilliant colors used only for accent. e. Mechanical equipment or other utility hardware on roof, ground or buildings should be screened from view. f. Exterior lighting should be part of the architectural concept. Fixtures, standards, and all exposed accessories should be harmonious with building design. g. Monotony of design in single or multiple building projects should be avoided. Variety of detail, form and siting should be used to provide visual interest. 5. MISCELLANEOUS STRUCTURES AND STREET FURNITURE. W: \Word Processing \Ordinances \Tukwila South Title 18 Zoning Code Amenddc LV:ksn 06/01/ 2G09 Page 24 of 31 a. Miscellaneous structures and street furniture should be designed to be part of the architectural concept of design and landscape. Materials should be compatible with buildings, scale should be appropriate, colors should be in harmony with buildings and surroundings, and proportions should be to scale. b. Lighting in connection with miscellaneous structures and street furniture should meet the guidelines applicable to site, landscape and buildings. Section 17. Section Added. TMC 18.60.050 is hereby amended to add a new subsection F regarding Tukwila South design criteria, to read as follows: F. Tukwila South Design Criteria. The criteria listed below and guidelines contained in the Tukwila South Design Manual shall be used whenever the provisions of this title require a design review decision on a proposed or modified development in the Tukwila South Overlay district. 1. SITE DESIGN. a. Site Design Concept and Site Relationships: (1) Organize site design elements to provide an orderly and easily understood arrangement of buildings, landscaping, and circulation elements that support the functions of the site. (2) Maintain visual and functional continuity between the development and adjacent properties where appropriate. b. Site Design for Safety: (1) Reduce the potential for conflicts between drivers and pedestrians. (2) Provide building, site, and landscape designs that allow comfortable and safe navigation by employees, customers, and visitors. (3) Provide lighting at building entries, along walkways, parking areas, and other public areas to enhance safety and visibility. (4) Avoid light trespass beyond the boundaries of the property lines. c. Siting and Screening of Parking Areas: (1) Organize site and building designs to deemphasize vehicular circulation and parking. (2) Use building placement, walls, berms, and/ or landscaping to create a distinct street edge. d. Siting and Screening of Service Areas and Mechanical Equipment: (1) Reduce the visual, sound, and odor impacts of service areas from adjacent residential properties, public view and roadways through site design, building design, landscaping, and screening. (2) Ensure that larger pieces of mechanical equipment are visually unobtrusive. (3) Locate and /or screen roof mounted mechanical equipment to minimize visibility from streets, trails, and adjacent properties. e. Natural Features: (1) Incorporate natural features and environmental mitigation areas such as existing topography, significant wooded areas, wetlands, and /or watercourses into the overall site plan where appropriate. (2) Provide connections to existing and planned trails, open spaces, and parks per the Master Open Space and Trails Plan. f. Pedestrian and Vehicular Circulation: W: \Word Processing Ordinances \Tukwila South Title 18 Zoning Code Amend.doc LV:ksn 06/01/2009 Page 25 of 31 (1) Provide an efficient and comprehensive internal circulation system, including motorized and non motorized access points, parking, loading, and emergency accessways. (2) Create on -site pedestrian networks from streets and drives to building entrances, through parking lots to connect buildings to the street, and between sites. g. Pedestrian Environment: (1) Incorporate amenities in site design to increase the utility of the site and enhance the overall pedestrian/employee environment. (2) Ensure that pedestrian amenities are durable and easy to maintain. (3) Select site furnishings that complement the building and landscape design of the development. h. Gateways: (1) Designate gateways at key intersections into district and secondary gateways at major use nodes per the Tukwila South Master Plan. (2) Provide special treatment at designated gateway locations. 2. BUILDING DESIGN. a. Architectural Concept: (1) Develop an architectural concept for structure(s) on the site that conveys a cohesive and consistent thematic or stylistic statement, and is responsive to the functional characteristics of the development. (2) Reduce the apparent scale of large commercial and industrial buildings located adjacent to low density residential developments. (3) Provide distinctive building corners at street intersections through the use of architectural elements and detailing and pedestrian- oriented features where possible. (4) Provide prominent rooflines that contribute to the character of the area and are consistent with the type of building function and uses. b. Building Elements and Architectural Details: (1) Utilize durable, high quality building materials that contribute to the overall appearance, ease of maintenance, and longevity of the building. (2) Buildings and site design should provide an inviting entry orientation. (3) Colors used on building exteriors should integrate a building's various design elements or features. 3. LANDSCAPE AND PLANTING DESIGN. a. Landscape Design: (1) Develop a landscape plan that demonstrates a design concept consistent with or complementary to the site design and the building's architectural character. (2) Develop a landscape design concept that fulfills the functional requirements of the development, including screening and buffering. b. Planting Design: (1) Incorporate existing significant trees, wooded areas and /or vegetation in the planting plan where they contribute to overall landscape design. \Word Processing Ordinances \Tukwila south Title 18 Zoning Code Amend.doc LV:ksn 06 /01/2009 Page 26 of 31 (2) Select plant materials that reinforce the landscape design concept, and are appropriate to their location in terms of hardiness, maintenance needs and growth characteristics. 4. SIGNAGE DESIGN. a. Provide signage that is consistent with the site's architectural theme. b. Manage sign elements such as size, location and arrangement so that signs complement the visual character of the surrounding area and appear in proportion to the building and site to which they pertain. c. Provide signage that is oriented to both pedestrians and motorists in design and placement. d. Provide a wayfinding system within the development to allow for quick location of buildings and addresses, that coordinates with other sites and the district, where appropriate. Section 18. Ordinance Amended. Ordinance Nos. 2005 §18, 1865 §54, 1770 §35, and 1758 §1 (part), as codified at TMC 18.60.070, are hereby amended to read as follows: 18.60.070 Design Review Process A. DECISION PROCESS. Projects meeting the thresholds for administrative design review will be processed as Type 2 decisions pursuant to TMC 18.108.020. All other design review decisions shall be processed as Type 4 decisions pursuant to TMC 18.108.040. B. APPROVAL. If the DCD Director or BAR finds the proposed development plans satisfy the applicable design criteria they shall approve the proposed development. A building permit may then be issued by the appropriate City official providing all other requirements of applicable adopted codes and ordinances of the City have been complied with. C. APPROVAL WITH CONDITIONS. If the DCD Director or BAR approves the proposed development plans with conditions, it may require that such conditions shall be fulfilled prior to the issuance of a building or occupancy permit, where appropriate. D. DENIAL. The DCD Director or BAR may deny the proposed development plans if the plans do not satisfy the criteria listed in this chapter or the applicable design manual. E. TIME LIMIT OF APPROVAL. Construction permitting for design review approved plans must begin within three years from the notice of decision or the approval decision becomes null and void. Section 19. Ordinance Amended. Ordinance Nos. 2135 §19 and 2119 §1, as codified at TMC 18.104.010, are hereby amended to read as follows: 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/ or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. Type 1 decisions are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. W:\ Word Processing \Ordinances \Tukwila South Title 18 Zoning Code AmencLdcc LV:ksn 06/01/<w9 Page 27 of 31 Type 1 Decisions TYPE OF PERIYIIT Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this chapter Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) 1 Development Permit Minor modification to design review approval (TMC 18.60.030) Minor Modification to PRD (TMC 18.46.130) Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission, or denials of sign permits that are appealable 1 Tree Permit (TMC Chapter 18.54) Wireless Communication Facility, Minor (TMC Chapter 18.58) Type 2 Decisions TYPE OF PERMIT Administrative Design Review (TMC 18.60.030) Administrative Planned Residential Development (TMC 18.46.110) Binding Site Improvement Plan (TMC Chapter 17.16) Cargo Container Placement (TMC 18.50.060) Code Interpretation (TMC 18.90.010) Exception from Single Family Design Standard (TMC 18.50.050) Modification to Development Standards (TMC 18.41.100) Parking standard for use not specified (TIvIC 18.56.100) Sensitive Areas (except Reasonable Use Exception) (TMC Chapter 18.45) W: \Word Processing Ordinances \Tukwila South Title 18 Zoning Code Amend.doc LV ±sn 06 /01/2009 1 DECISION MAKER As specified by ordinance Community Development Director 1 Building Official Community Development Director Community Development Director Community Development Director 1 Community Development Director Community Development Director 2. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Planning Commission, City Council or, in the case of shoreline permits, art appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. INITIAL DECISION MAKER Community Development Director Short Plat Committee Short Plat Committee Community Development Director Community Development Director Community Development Director Community Development Director Community Development Director Community Development Director APPEAL BODY (open record appeal) Board of Architectural Review Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner City Council Hearing Examiner Hearing Examiner Planning Commission Page 28 of 31 Shoreline Substantial Development Permit (TMC Chapter 18.44) Short Plat (TMC Chapter 17.12) Sign Area Increase (TMC 19.32.140) Sign Permit Denial (TMC Chapter 19.12) Special Permission Parking, and Modifications to Certain Parking Standards (TMC 18.56.065 and .070) Special Permission Sign, except "unique sign" (various sections of TMC Title 19) Wireless Communication Facility, Minor (TMC Chapter 18.58) Community Development Director Short Plat Committee Community Development Director Community Development Director Community Development Director Community Development Director Community Development Director State Shorelines Hearings Board Hearing Examiner Planning Commission Planning Commission Hearing Examiner Planning Commission Hearing Examiner 3. Type 3 decisions are quasi judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 3 Decisions TYPE OF PERMIT 1 Resolve uncertain zone district boundary Variance (zoning, shoreline, sidei,vaLk, land alteration, sign) TSO Special Permission Use (TMC 18.41.060) Type 4 Decisions TYPE OF PERMIT Conditional Use Permit (TMC Chapter 18.64) Modifications to Certain Parking Standards (TMC Chapter 18.56) Public Hearing Design Review (TMC Chapter 18.60) Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC 18.45.180) Shoreline Conditional Use Permit (TMC 18.44.050) INITIAL DECISION MAKER Planning Commission Planning Commission Board of Architectural Review Planning Commission Planning Commission W: \Word Processing Ordinances \Tukwila South Title 18 Zoning Code Amend.doc LV:ksn 06/111/ 2019 DECISION MAKER 1 Hearing Examiner Hearing Examiner 1 Hearing Examiner 4. Type 4 decisions are quasi judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner or the City Council, based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, which are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. APPEAL BODY (closed record appeal) City Council Hearing Examiner City Council City Council State Shorelines Hearings Board Page 29 of 31 Subdivision Preliminary Plat (TMC 17.14.020) Unique Signs (TMC 19.28.010) Variance from Parking Standards over 10% (TMC 18.56.140) Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) Planning Commission Planning Commission Planning Commission Planning Commission 5. Type 5 decisions are quasi judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. Type 5 Decisions TYPE OF PERiVIIT. Planned Residential Development (PRD), including Major Modifications (TMC Chapter 18.46) Rezone (TMC Chapter 18.84) 1 Sensitive Area Master Plan Overlay (TIvIC 18.45.160) Shoreline Environment Re- designation (Shoreline Master Program) Subdivision Final Plat (TMC 17.12.030) Unclassified Use (TMC Chapter 18.66) W: \Word Processing \Ordinances \Tukw la South Title 18 Zoning Code Amend_doc LV:ksn 06 /01/2009 City Council City Council Hearing Examiner City Council 1 DECISION MAKER City Council City Council 1 City Council City Council City Council City Council Section 20. Tukwila South Overlay District Design Manual and Map Adopted. The City of Tukwila hereby adopts by reference, as if fully set forth herein, the "Tukwila South Overlay District Design ManuaI," attached hereto as Exhibit A, and the "Tukwila South Overlay Zoning District Map," attached hereto as Exhibit B. Section 21. Ordinance Repealed. Ordinance No. 1758 §1 (part), as codified at TMC 18.40.075, is hereby repealed. Section 22. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 23. Application of Overlay Zone. The City Council hereby applies the TSO to the properties shown on the map attached as "Exhibit B" to Ordinance No. (which Ordinance adopts the Master Plan for the subject property) (the "Master Plan Property Section 24. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force upon the date on which all the Master Plan Property is within the municipal boundaries of the City of Tukwila. Section 25. Expiration. The City of Tukwila and La Pianta LLC have entered into a Development Agreement dated June 2009 (the "Development Agreement regarding the Master Plan Property. If the Development Agreement terminates prior to the expiration of its term in accordance with the terms therein, this Ordinance shall expire without further legislative action and be of no further force or effect. Page 30 of 31 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Attachment: Exhibit A Tukwila South Overlay District Design Manual Exhibit B Tukwila South Overlay Zoning District Map W: \Word Processing Ordinances \Tukwila South Tide 13 Zoning Code Amend.doc LV:ksn 06 /01/2009 Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 31 of 31 Tukwila South Overlay District Design Manual Exhibit A Table of Contents 1. Introduction and Applicability 1 A. Design Guideline Organization 1 B. Land Use Categories 1 C. Applicability and Interpretation 3 0. Site Design 5 A. Site Design Concept and Site Relationships 5 B. Site Design for Safety 7 C. Siting and Screening of Parking Areas 10 D. Siting and Screening of Service Areas and Mechanical Equipment 11 E. Natural Features 13 F. Pedestrian and Vehicular Circulation 15 G. Pedestrian Environment 17 H. Gateways 18 10. Building Design 91 A. Architectural Concept 21 B. Building Elements and Architectural Details 24 IV. Landscape Design 31 A. Landscape Design 31 B. Planting Design 33 V. Signage A. Signage Design 35 04/1312009 Draft TSO District DE-;siciri Manual 1. Introduction and Applicability A. Design Guideline Organization The Tukwila South Design Manual is organized in four major sections as follows: Site Design Building Design Landscape Design Signage Within each section are supporting design topics. The general structure is shown below. Major Section (e.g. Site Design) A. Supporting Design Topic (e.g. Pedestrian Environment) 1. Intent Statement: Provided to guide the application of guidelines to differing site circumstances in a consistent manner. 2. Design Criteria: General requirements to be met by non exempt development. 3. Design Guidelines (all uses): Example measures that guide development design to meet design criteria and the design topic intent above. Guidelines by use or category where applicable (e.g. Campus Office, Urban Office, Retail, and Light industrial) B. Land Use Categories The criteria and guidelines are written to address four major types of and use categories. These development types are generally characterized below to assist in determining applicable design criteria and design guidelines: 0411312009 Draft ISO D:stct Manua 1. Campus Office A campus office environment is distinguished by a multi building development that frames organized open spaces. Pedestrian circulation routes focus around a campus core allow for employee collaboration, interaction and easy and convenient access to adjacent buildings and amenities. Structured and surface parking fields should be distributed around buildings and located to minimize visibility. 2. Urban Office Urban Office environments tend to have multi -story buildings oriented towards primary streets in a traditional development pattern. Building facades generally parallel front property lines and lie at the minimum setback to create a street edge. Ground floors may contain storefront retail. Parking entrances and loading tend to be accessed from secondary streets to avoid interrupting the pedestrian environment. 3. Retail Retail space should be concentrated around major focal points of interest. Retail activities range from individual large -scale national retailers to gateway and village retail and shopping centers that support office and high tech campuses and residential neighborhoods. Retail development is characterized by window displays, inviting entries, architectural accents, and signs oriented both to pedestrians and drivers. This retail development is critical to creating a lively pedestrian experience and establishing an identity for the Tukwila South area. Stand -alone (or big box) retail should be grouped with similar uses with adequate, adjacent and landscaped parking areas. Locations are close to major circulation access routes. 4. Light Industrial Light industrial developments are characterized by large- scale, high quality buildings with landscaped lots. Service areas, loading areas and refuse enclosures should be oriented away from public view, residential uses and street frontages. C. Applicability and Interpretation 1. Applicability Tukwila South Design Manual is applied to developments that are subject to the Design Review process pursuant to TMC 18.41. Those activities exempt from Design Review in TCM 18.41.070 are exempt from the application of this Design Manual. 2. Interpretation Design criteria are requirements that are to be met by development subject to design review. Design guidelines are examples of how the design criteria may be met, and equivalent or alternative techniques that meet the design criteria and design topic intent are allowed. In determining the degree of applicability of a design criteria or in case of conflict or site impracticality, priority should be given to criteria related to the "public realm" such as pedestrian and vehicular circulation, site design for safety, location and orientation of buildings, and screening of incompatible uses, parking, and service areas. 3 0411312009 II. Site Design A. Site Design Concept and Site Relationships 1. Intent To ensure that Tukwila South is developed in a coordinated manner that takes into consideration the design and layout of adjacent sites and promotes a consistent, harmonious theme throughout. To encourage appropriate transitions between developments. 2. Design Criteria 1. Organize site design elements to provide an orderly and easily understood arrangement of buildings, landscaping, and circulation elements that support the functions of the site. Maintain visual and functional continuity between the development and adjacent properties where appropriate. 3. Design Guidelines General Site Layout 1. The site layout of structures, parking, driveways, and outdoor functions should be arranged and located to emphasize the aesthetically desirable components of the site, such as existing mature trees, other natural features, views, or interesting architectural features. See Natural Features, Section II.E. 5 04113/2009 Draft. T So District Manual 2. Service facilities, outside storage and equipment areas, and trash enclosures should be sited in an unobtrusive manner through building and landscaping placement and design. [See Section II.D. Siting and Screening of Service Areas and Mechanical Equipment] 3. The site should be planned to accomplish a desirable transition from the streetscape and to provide for adequate landscaping and pedestrian movement. 4. Building locations, vehicular circulation systems and parking areas should be planned in a manner that can accommodate future expansion. Relationship to Neighboring Sites 5. New building setbacks along streets should consider the setbacks of neighboring structures to allow for continuity among buildings and ensure visibility from the street. 6. The orientation of the buildings should complement adjacent structures through placement, mass and scale. 7. Provide landscaped buffers and other screening techniques between adjoining sites where commercial and /or industrial uses abut low density residential development. [See Section IV- Landscape Design] 8. Link the proposed development to existing and planned sidewalk, trail, storm drainage, and utility systems to assure their efficient continuation. Focal Points 9. Look for opportunities to incorporate open spaces such as green areas, hard surface urban plazas, street parks and pocket parks. 10. Orient public open space to receive the maximum direct sunlight possible, consider using trees, overhangs and umbrellas to provide shade in the warmest months. Design such spaces to take advantage of view and solar access when available for the site. Specific to Campus Office Orientation ,and Location of Buildings 11. Buildings should be oriented to focus on interior plazas, courtyards and open spaces to help identify clear pedestrian routes and building entries. l I 6 D. Site Design for Safety 1. Intent 12. Consider clustering to enhance connectivity between similar building uses. Specific to Urban Office Uses Orientation and Location of Buildings 13. Building facades should be parallel to their front property line and at the minimum setback. 14. A building's front facades should face the primary street that that serves the development area. To ensure that the organization of site elements contributes to the safety of pedestrians on the site. To encourage building and site design that enhances the feeling of personal safety and property security. To ensure that the nighttime environment is safe and inviting. To avoid lighting that interferes with the use of neighboring properties or streets. 2. Design Criteria 1. Reduce the potential for conflicts between drivers and pedestrians. 2. Provide building, site, and landscape designs that allow comfortable and safe navigation by employees, customers, and visitors. 3. Provide lighting at building entries, along walkways, parking areas, and other public areas to enhance safety and visibility. 4. Avoid Tight trespass beyond the boundaries of the property lines. I 7 I 04/1312009 Draft t SO District Manual Design Guidelines Genera( Site Circulation 1. Limit the number of potential encounters between pedestrians and vehicles through site design. Where pedestrians and motorist paths must cross, provide adequate sight distance and clearly delineated pedestrian ways. 2. Provide raised sidewalks, crosswalks, and pedestrian walkways where possible, or provide at -grade walkways protected by curbs and /or landscaped areas. 3. Where possible, service and delivery vehicles and loading zones should be separated from building customer and occupant traffic. Visibility& Sightlines 4. Grades and materials of walkways, paths, parking spaces, terraces, and other paved areas should promote safety. 5. Avoid site and building design features that create entrapment areas (such as tunnels, long corridors, and opaque fences) in locations with pedestrian activity. 6. Select and locate trees, shrubs, and ground cover that allows for adequate surveillance. 7. Consider locating windows, balconies and entries to look out on pedestrian routes, vehicular circulation routes and parking areas to allow for informal surveillance of these areas. Lighting 8. Where appropriate to the complexity of the project and the sensitivity of adjacent uses, prepare a lighting plan to identify standards, illumination levels, and other elements of lighting. 9. To promote a sense of security, provide lighting on the building facade, in all pedestrian areas, parking Tots, on the underside of overhead weather protections, in recessed entrances and doorways, and around street furniture. 1 a 10. Provide lighting at consistent lumens with a gradual transition to unlit areas. Avoid creating highly contrasting pools of Tight and dark areas, which can be temporarily disorienting. 11. Direct building lights onto the building itself or the ground immediately abutting to it. 12. Install nonglare parking lot or display lot light fixtures mounted above the ground to minimize the impact onto adjacent and abutting properties. Provide fixtures fitted with a cutoff type luminaire as exemplified below. total cutoff luminaire LV Cutoff Type Luminaire 13. Sign lighting should be designed to avoid glare or spillover onto neighboring properties. 14. Commercial signage should be placed facing away from low density residential properties. Specific to Retail Uses Security Measures 15. Monitoring devices mounted on the storefront exterior should be camouflaged. 16. Bars and grates are strongly discouraged; however, if shopkeepers feel such measures are necessary, bars or grates should be installed on the inside of the windows. Roll -down grates are preferred over permanently mounted bars. 9 0113/2009 Draft ISO District Manual C. Siting and Screening of Parking Areas 1. Intent To maintain active continuous sidewalks and street frontages; To efficiently and appropriately locate parking areas to accommodate users and tenants. To minimize the visual impacts of parking areas. 2. Design Criteria 1. Organize site and building designs to deemphasize vehicular circulation and parking. 2. Use building placement, walls, berms, and /or landscaping to create a distinct street edge. 3. Design Guidelines General Parking Lot Landscaping and Screening 1. Use the following techniques to screen surface parking and create a visible street edge a. Urban Office and Mixed Use Environments: Where feasible, surface parking should be placed behind or beside buildings rather than in front to achieve compactness and pedestrian orientation. (TCP 7.7.4 and 8.5.5) Where surface parking abuts streets, use trellises, low walls, and /or landscaping to screen it. b. Retail Environments: Trellises, low walls, and /or landscaping should be used to screen surface parking. c. Campus Office and Light Industrial Environments: Consider site topography or berms in conjunction with landscaping to screen surface parking. 2. Parking spaces may be shared by two or more businesses with different peak usage times. 1 1 0 1 1. Intent Specific to Campus Office and Urban Office Parking Location and Entrances 3. Structured and surface parking fields should be sited, where practicable, to provide maximum facade visibility. 4. Parking should not be adjacent to open spaces or high public visibility areas. 5. Parking should be integrated with pedestrian circulation routes to enhance site access and minimize walking distances between buildings. Specific to Retail and Urban Office Parking Entrances and Loading Areas 6. Retail and urban office parking entrances and loading areas should be predominantly located along secondary streets. 7. Reduce the number of driveway entrances by exploring opportunities for internal connections between parking areas. Provide safe ingress /egress of vehicular traffic. Specific to Urban Office Parking Structures 8. Parking structures should reflect the design of its associated building(s). The Tukwila Parking Structure Design Guidelines should be met. 9. To the extent practical, parking structures located along public rights -of- way should incorporate facade treatments, landscaping or other building design features to reduce aesthetic impacts. [See Sections III and IV.] D. Siting and Screening of Service Areas and Mechanical Equipment To minimize the sight, odor and sound impacts of services areas. 1 1 04113/2009 raft ISO District Manual 2. Design Criteria 1. Reduce the visual, sound, and odor impacts of service areas from adjacent residential properties, public view and roadways through site design, building design, landscaping, and screening. 2. Ensure that larger pieces of mechanical equipment are visually unobtrusive. 3. Locate and /or screen roof mounted mechanical equipment to minimize visibility from streets, trails, and adjacent properties. 3. Design Guidelines General 1. Service areas include, but are not limited to, trash dumpsters, compactors, ground level mechanical equipment, utility vaults, loading zones, outdoor storage areas, and trash and recycling areas. 2. Screening of service areas should be accomplished by use of walls, fencing, plantings, or a combination. 3. Consideration should be given to developing common service courts between buildings and if adjacent sites. Service areas should accommodate loading, trash bins, recycling facilities, storage areas, utility cabinets, utility meters, transformers, etc. Service areas should be located and designed for easy access by service vehicles and for convenient access by each tenant. Any emissions of noise, vapor, heat or fumes should be mitigated. Loading activities should generally be concentrated and located where they will not create a nuisance for adjacent uses. 4. Mechanical or HVAC rooftop units shall be screened from public view. For example, screening may be integrated into the design and massing of the roof form or parapet walls. If mechanical equipment must be placed where it is visible, it must be screened with elements that are architecturally compatible with the building design. I '12 E. Natural Features 1. Intent To protect and enhance the Tukwila South site's natural environment. To create a comprehensive amenity system that leverages the site's assets, including the wooded hillside to the west, the Green River to the east, and views of the river valley and Mount Rainier. 2. Design Criteria 1. Incorporate natural features and environmental mitigation areas such as existing topography, significant wooded areas, wetlands, and /or watercourses into the overall site plan where appropriate. 2. Provide connections to existing and planned trails, open spaces, and parks per the Master Open Space and Trails Plan. 3. Design Guidelines General Natural Environment 1. Sensitive area tracts or public open spaces and trails should be linked with other tracts or open spaces on adjacent properties, and should be consistent with the open space network concepts in the Tukwila South Master Plan, Master Open Space and Trails Plan and Sensitive Area Master Plan Overlay (SAMP). 2. Consistent with the Tukwila South Master Plan open space network concept and SAMP, provide for a transition from built features to an informal development edge that is in keeping with the adjoining natural features being preserved. Provide physical or visual access where appropriate. Hillsides 3. Where allowed, modification of the hillside shall result in a moderately sloping, natural appearing environment, consistent with the Tukwila South Master Plan natural environment section. 13 G '13!2009 Draft TS-0 Disk Manual 4. Site and design buildings to respond to the natural features of the site, topography, and drainageways when feasible to avoid unnecessary recontouring of the land. 5. Site and design buildings to reduce impact on views from surrounding areas. This may involve techniques such as using multiple, terraced low retaining walls or rockeries; on downhill elevations articulating and screening elevations as well as providing transitional plantings. 6. Feather cut and fill areas into the natural topography surrounding the building area. Shorelines 7. For sites in the shoreline jurisdiction provide and enhance physical and visual public access opportunities in the River Environment. a. Particularly where uses are intended to facilitate public enjoyment of the shoreline, orient structures and/or land uses to the Green River. b. Provide for plaza connectors between buildings and dikes where appropriate to enhance pedestrian access and for landscaping purposes. 8. Provide a north -south pedestrian network/ trail system through the Tukwila South District. The trail may align along the Green River and may connect to public and private sidewalk systems where appropriate to the environmental conditions of the shoreline and security requirements of adjacent developments. Commercial and residential developments should Zink to the Tukwila South trail system. 9. Connect the Tukwila South open space network to other public parks and trails along the Green River. Specific to Campus Office 10. Reduce the visual impact of buildings located on hillsides through terracing. F. Pedestrian and Vehicular Circulation 1. Intent To ensure that internal vehicular circulation is designed in an efficient manner. To encourage development organized around pedestrian oriented circulation systems, with simplified vehicular circulation to foster linkages. To provide adequate parking with safe and convenient pedestrian access. To provide easily identified and functional pedestrian connections within sites, between properties and /or from the public right -of -way. 2. Design Criteria 1. Provide an efficient and comprehensive internal circulation system, including motorized and nonmotorized access points, parking, loading, and emergency accessways. 2. Create on -site pedestrian networks from streets and drives to building entrances, through parking lots to connect buildings to the street, and between sites. 3. Design Guidelines General Vehicle Circulation 1. Traffic circulation patterns should be designed to accommodate garbage collection trucks, moving vans, delivery trucks, emergency service vehicles as well as passenger cars. 2. Take advantage of opportunities for shared driveways and coordinate parking areas with adjoining sites to limit the number of access driveways. 15 04/13/2009 Draft f S° District Manual Transit 3. Ensure that public transportation facilities such as bus shelters, bus pullouts, and other similar features are accommodated in appropriate locations consistent with transit operator plans. 4. When appropriate, look for opportunities to accommodate future regional transit facilities into development plans. Non motorized circulation 5. Bicycle lanes shall be included where public or private street standards require them. [See Section ll. G. regarding bicycles] 6. Pedestrian walkways. a. Definition: Pedestrian walkways are located on parcels /lots. Pedestrian walkways are typically 4 to 6 feet in width, and consist predominantly of an all weather walking surface. b. Usual Prominence: Pedestrian walkways should be made visually prominent through techniques such as paving, landscaping, and lighting. Consider using raised concrete pavement where a walkway traverses between parking stalls and /or is adjacent to vehicular circulation. c. Connection to Streets: New development, excluding secured sites and areas, should provide convenient and safe pedestrian access to adjacent streets. d. Through -Block Locations: Through -block pedestrian connections are encouraged through larger sites and districts. e. Parking Areas: Pedestrian walkways should be provided through parking lots provided for public use. f. Between Buildings: Development should incorporate convenient and safe access between buildings and public areas for pedestrians. g. Connections to Offsite Pedestrian Network: Provide pedestrian access to existing and proposed sidewalks, trails and parks. Specific to Campus Office Access road location 7. Major access roads should be located at the perimeter to help define the campus edge. I 16 G. Pedestrian Environment 1. Intent To provide a common theme for street furniture, light fixtures and other streetscape structures throughout the Tukwila South development. To provide site and pedestrian amenities that will facilitate and encourage the use of pedestrian walkways and open space areas. To create a comfortable, active, and safe pedestrian environment. 2. Design Criteria 1. Incorporate amenities in site design to increase the utility of the site and enhance the overall pedestrian /employee environment. 2. Ensure that pedestrian amenities are durable and easy to maintain. 3. Select site furnishings that complement the building and landscape design of the development. 3. Design Guidelines General Site Furnishing General 1. Provide durable site furnishings, such as benches, planters, bike racks, trash receptacles, and tree grates to create inviting and comfortable open spaces, plazas, and walkways. Site them in consideration of employee and pedestrian flow and convenience. 2. Site furnishings, especially weather protection, should be designed to be part of the architectural concept of building design and landscape. Materials should be compatible with nearby buildings or natural settings, scale should be appropriate, colors should be in harmony with buildings and surroundings, and proportions should be to scale. 3. Do not locate furnishings where users are likely to walk through landscaped areas or conflict with vehicles to access them. 17 0411312009 Dr ISO District v Manual H. Gateways 1. Intent 4. Areas in front of retail can be used for merchandising, benches, planters, cafe seating, provided a clear pedestrian walkway is maintained. Trash Receptacles 5. Trash receptacles should be located in areas of high pedestrian uses, such as food establishments. 6. All trash receptacles should incorporate smoking receptacles. 7. Smoking receptacles should be located outside of all offices where employees congregate to smoke. Bicycles 8. All development should incorporate bicycle stands or racks complementary to the buildings architectural form. 9. When possible, bike stands should be located on side streets versus on main streets. To highlight important points of entry to Tukwila South as gateways by providing special design features, landscaping, and /or architectural elements at gateways. 2. Design Criteria 1. Designate gateways at key intersections into district and secondary gateways at major use nodes per the Tukwila South Master Plan. 2. Provide special treatment at designated gateway locations. 3. Design Guidelines General 1. Provide gateway features at the primary arterial intersections of Tukwila South, such as Southcenter Parkway Expansion /S 180th Street, :8 Southcenter Parkway Expansion /Segale Park Drive C, and Southcenter Parkway Expansion /S 200th Street. 2. Gateways should be visually prominent. Gateways are encouraged to have two or more of the following types of features: a. Public art; b. Monuments; c. Special landscape treatment; d. Open space /plaza, fountains; e. Identifying building form or prominent architectural features; f. Special paving, unique lighting, or bollards; g. Signage, displaying entry identification; h. Other features that meet the intent of highlighting gateway areas. 3. Secondary focal points may be established at future districts, such as office campuses, or retail districts, or other major districts. Focal points may have unique district signage, art, fountains, markers, landscaping, or other features, compatible and complementary to the overall Tukwila South gateway features. 19 04113(2709 III. Building Design A. Architectural Concept 1. Intent To ensure that new development implements the vision for the Tukwila South Overlay District as a regional destination with multiple uses and as a memorable and regionally identifiable place. To provide conceptual guidance on each of the envisioned building types in the Tukwila South Overlay District including: campus office, retail, urban office, and light industrial. To provide for `human scale' in building design. 2. Design Criteria 1. Develop an architectural concept for structure(s) on the site that conveys a cohesive and consistent thematic or stylistic statement, and is responsive to the functional characteristics of the development. 2. Reduce the apparent scale of large commercial and industrial buildings located adjacent to low density residential developments. 3. Provide distinctive building corners at street intersections through the use of architectural elements and detailing, and pedestrian- oriented features where possible. 4. Provide prominent rooflines that contribute to the character of the area, and that are consistent with the type of building function and uses. 21 04111312009 Dra=t i SO Disaiet Manual 3. Design Guidelines General 1. Develop an architectural concept for development that is responsive to the functional characteristics of the development. 2. Display a unifying concept or architectural expression on sites with multiple structures. 3. Buildings may be oriented around a courtyard, be terraced down a hillside, or respond in design to a prominent feature such as a corner location, a street or the river. 4. Scale: a. Perceived building scale can be reduced through changes in materials, use of distinctive rooflines, small scale additions to the building, landscaping and special decorative features such as arcades, balconies, bay windows, dormers and columns. b. Appropriately scaled and well- proportioned architectural elements such as roof forms, entrances, arcades, porches, canopies, columns, dormers, doors and windows reduce the apparent scale of a structure and help relate the scale of a building to the user. 5. Buildings should use design elements such as slopes, peaks, caps, steps, gables, domes, barrel vaults, projecting cornice lines or articulated parapets to make the rooflines prominent and create a distinct character. 6. Take advantage of intersection locations by providing a corner architectural element (such as a bay window, turret or pediment), placing an entrance at the corner, treating the corner distinctively (by projecting, recessing or truncating the building), providing a special window treatment (such as an awning or canopy) or incorporating sculpture or artwork. 7. Business identity, expressed through awnings, accent bands, paint or other applied color schemes, signage, parapet details or materials, should not be the dominant architectural feature of a building. Campus Office 8. Campus office development should offer a unified environment with building placements which frame organized open spaces. I 22 9. Adjacent buildings should be unified using common styles, colors, architectural details and orientation. 10. Each building should help complement and unify the design of the campus office development. 11. Consider modulation and articulation in building design to provide a strong building base that focuses on the human scale. 12. Large structures should be designed to reduce mass and bulk on facades along pedestrian circulation routes. Retail 13. Facades of retail buildings should face primary and secondary roads; 14. Facades of retail buildings should be accessible to both parking and the pedestrian environment. 15. Front entrances for all retail stores should be on the same side of the building (TSOD DG). 16. Retail space should be concentrated around major focal points of interest. 17. Small display /showcase windows and blank walls should be avoided whenever possible. 18. For stand -alone retail, building facades should blend in with adjacent development. 19. For stand -alone retail, building facades greater than 100' should be modulated with wall plane projections or recesses. 20. For stand -alone retail, loading docks and areas should be screened from public view. 21. For stand -alone retail, large scale buildings should be designed to be easily adapted for reuse. Light Industrial 22. Exterior lighting should be integrated into the overall building design and should be consistent with the development's overall architectural concept. 23 0411312009 Drat ISO District Manual 23. Large facades should be broken up into small -scale components through wall modulation, fenestration and architectural detailing. Urban Office 24. Rooftops overlooked by other taller buildings should be attractively designed. 25. Consider incorporating innovative designs into a development, such as vegetated roofs. 26. Buildings of considerable lengths or with large floor plates should incorporate design features that reduce their apparent bulk. Examples of these techniques include building articulation, changes in facade patterns, building breaks, vertical setbacks and material changes. 27. Exterior openings should be in scale (i.e., proportionate) for the building's function and use. 28. At prominent building corners and spaces between buildings not crossed by streets, building projections are allowed to the maximum height of each building. B. Building Elements and Architectural Details t intent To provide flexible design parameters to allow each development opportunities for creativity and expression in architectural design. To provide texture to streetscapes and interest and variety to the building facade. To make major building entrances obvious, visually prominent, and welcoming. 2. Design Criteria 1. Utilize durable, high quality building materials that contribute to the overall appearance, ease of maintenance, and longevity of the building. 2. Buildings and site design should provide an inviting entry orientation. 1 24 3. Colors used on building exteriors should integrate a building's various design elements or features. 3. Design Guidelines General Building Materials 1. Building structures are encouraged to employ a variety of durable materials. Building Entries 2. Building entrances should be visually prominent and easy for pedestrians and bicycles to reach. 3. Canopies, awnings, and protected entryways are encouraged to highlight and define building entrances as well as provide weather protection. 4. When the purpose is to provide weather protection, provide a sufficient width, typically at least 4 feet, and sufficient height, 8 to 15 feet, for awnings and canopies. Colors 5. Use accent colors in a way to enhance or highlight building design, and avoid detracting from building design. 25 04`13,2009 Draft f CEO District MAnual Campus Office Building Materials 6. Each building should complement and unify the design of all campus buildings. Examples of the types of material encouraged and discouraged are listed below: Encouraged Materials: glass steel precast masonry wood metal panels Discouraged Materials EIFS plastic/fypon vinyl siding corrugated metal as a facade residential details and or materials Urban Office Building Materials 7. Buildings should be constructed with predominantly masonry material. Following is a list of encouraged and discouraged materials: Encouraged Brick; Stone; Pre -cast Concrete Panels. Discouraged EIFS; Vinyl siding; Other residential -type materials. 8. The use of reflective or darkly tinted glass on a buildings facade is discouraged unless the applicant can demonstrate special circumstances apply. 9. All -glass vertical expression is allowed in recessed areas. 10. Building trim may be of stone, metal, pre -cast glass fiber reinforced concrete (GFRC) or similar materials. 11. Punched windows are strongly encouraged for building facades. 12. Building design should incorporate a horizontal expression line above the first or second floor, depending on the building's height, to develop a sense of continuity. 13. Balconies on the second floors, especially above entrances, are encouraged to provide a focal point to the building facade. Light Industrial Building Materials 14. Facades that face a public street should be architecturally emphasized through window design, wall detailing, and entryway placement. 15. Harmonious and natural building colors should be used. Bright colors should be used for accent only. Retail Building Materials 16. Fit and finishes of all storefront components should be of high quality. Following is a list of encouraged and discouraged materials: Encouraged Durable, smooth exterior -grade woods such as oak, redwood, cherry, maple and medium density overlay (MDO) are acceptable materials, Metal, Stone, Cast stone, Concrete, Plaster; Opaque, smoked and reflective glass should be used for accent elements /spandrel elements only. 27 04113/2009 Draft ISO Distict Manual Discouraged e Pine, Pressure treated lumber; Ground Floor Details 17. Retail development should include visually interesting ground floor details such as awnings, window displays, doors, architectural accents, and signage. Building Entries 18. The primary building entrance should be clearly marked, while side entrances should be as close to the front street as possible. 19. Site amenities such as benches and planters are encouraged near building entries [see Section II- Pedestrian Environment]. 20. Doors should be compatible with and complementary to a storefront's design. 21. Where feasible, restaurants should use their building entries to connect with outdoor seating areas. 22. Doors with a high percentage of glass are encouraged to increase visibility into the storefront. 23. Recessed doors are encouraged to provide shelter for passing pedestrians. 28 Lighting 24. Storefront facades, recessed doorways, outdoor spaces, parking areas, and passageways should be lit. Encouraged Concealed lighting; Down lighting; Internal window lighting past hours of operation; Mounted pedestrian lighting; Lighting that becomes signage. Awnings 25. Provide awnings at ground level in mixed use buildings to distinguish retail function. 26. Awnings should project from the building facade to provide protection from climatic conditions. 27. Awnings must be at least eight feet above the sidewalk to the lowest point of the awning. Awnings should be mounted above display windows and below cornice or second store windowsills. 28. Awnings must be durable, fire resistant, and resistant to fading. The following is a list of encouraged and discouraged materials: Encouraged Canvas; Retractable awnings; Variety of sizes and shapes among stores. Discouraged Vinyl awnings; Same awning across several storefronts. 29 04113!2009 IV. Landscape Design A. Landscape Design 1. intent Integrate landscape design with site and building design in a cohesive manner. Soften and screen the visual impact of hard surfaces such as parking Tots, service areas, walls, pedestrian walkways, public rights -of -way, sidewalks and gathering places, by incorporating trees and landscaping into the site design: Ensure private landscaping reinforces, complements and enhances public streetscape improvements and reinforces onsite pedestrian connections. 2. Design Criteria 1. Develop a landscape plan that demonstrates a design concept consistent with or complementary to the site design and the building's architectural character. 2. Develop a landscape design concept that fulfills the functional requirements of the development, including screening and buffering. 3. Design Guidelines General Complimentary to Building Character 1. Develop a landscape design concept that is consistent with or complementary to site design and the development's architectural character. The landscape concept should also enhance natural site features, significant existing landscaping, and /or other existing amenities, 04 113120009. Drab ISO District Manual where appropriate. An effective landscape plan will direct and enhance the experience of a site when it: a. Takes advantage of views of the landscaping from inside the building. b. Enhances the building itself, as viewed from within the site and adjacent public streets. c. Organizes, enhances and links the different spaces and activities on the site. d. Reinforces the streetscape design, and provides a pleasant transition from the street to the development. 2. Landscaping should provide design continuity between neighboring sites. 3. Building facade modulation and setbacks should include features such as courtyards, landscaping, or other special features. 4. See associated design guidelines in Section II.E Natural Environment related to hillsides. Screening and Buffering (Perimeter verses Interior) 5. Required perimeter landscaping may be averaged and clustered if the total required square footage is achieved onsite. 6. Consider using landscaping as a buffer to reduce the impacts of wind, air pollution and noise on a development and surrounding sites. 7. See associated design guidelines in Section II.A, C, and D Site Design Concepts and Site Relationships, Sitting and Screening of Parking and Siting and Screening of Service Areas and Mechanical Equipment, as well as Section IV B. Planting Design. Reinforce and Enhance Public Streetscape Improvements 8. Ensure that the landscape design reinforces and complements plantings in the public right -of -way. 9. Ensure that landscaping at crosswalks and other locations where vehicles and pedestrians intersect does not block pedestrians and drivers' views. 10. Provide pedestrian paths across landscape areas where needed to allow convenient pedestrian circulation and prevent plants from being trampled. 1 32 B. Planting Design 1. Intent 11. Landscaping is encouraged to help define pedestrian walkways and parking areas, and should be used to mitigate climate and solar conditions. Specific to Light Industrial 12. Landscaping should be incorporated where light industrial areas end and residential and commercial uses begin. Appropriate landscaped areas should be provided to create a transition to adjoining properties and uses. To encourage selection of plant materials that will enhance the overall landscape design concept and provide for variety and visual interest on the site. To encourage the use of plant materials that will survive with minimal or reasonable maintenance, are resistant to drought, and are otherwise appropriate for conditions. 2. Design Criteria 1. Incorporate existing significant trees, wooded areas and /or vegetation in the planting plan where they contribute to overall landscape design. 2. Select plant materials that reinforce the landscape design concept, and are appropriate to their location in terms of hardiness, maintenance needs and growth characteristics. 3. Design Guidelines General 1. Develop a planting design that complements overall project design and provides continuity with plantings on adjacent lots and natural areas. 2. Provide adequate plant quantity, size and spacing for the intended effect. 33 0411312009 D -a t ISO District Manual 3. Areas not in use by structures, driveways, plazas, walkways and parking spaces should be landscaped. 4. Consider the use of indigenous plant species or plant species proven adaptable to the local climate in all landscaping. 5. Select a variety of plants with consideration of visual interest, including using plants as accents and contrasting textures. Where feasible, coordinate selection of plant material to provide a succession of blooms and seasonal color. 6. All weeds and invasive species on site must be controlled including in sensitive areas 7. Landscape features such as decorative paving, fountains, rock features walkways, or benches are permitted within perimeter landscaping areas. 8. Planters and urns should be used extensively throughout the Tukwila South development in the development areas that are urban in nature. Large planters are movable for flexibility and give a more open feeling to the sidewalks and plazas. All planters should appear to be authentic materials such as terra -cotta, porcelain, stone, or heavy clay. Newer resins can be used, but must be compatible with adjacent architecture or site furnishings. 9. Tree grates may be used throughout the project. 10. See associated design guidelines in Section II.E— Natural Environment. 34 i V. Signage A. Signage Design 1. Intent To create a sense of arrival to the Tukwila South development To create a path for wayfinding through Tukwila's South development To support Tukwila South development's identity as a special place. Provide a means of identifying and advertising businesses; providing directional assistance; and creating color and interest. 2. Design Criteria 1. Provide signage that is consistent with the site's architectural theme. 2. Manage sign elements, such as size, location and arrangement so that signs complement the visual character of the surrounding area and appear in proportion to the building and site to which they pertain. 3. Provide signage that is oriented to both pedestrians and motorists in design and placement. 4. Provide a wayfinding system within the development to allow for quick location of buildings and addresses that coordinates with other sites and the district, where appropriate. 3. Design Guidelines General (all uses): 1. In the Tukwila South development, iconic elements and signage should: 04113/2009 Draft LSO Distict Manual Provide project identity Create a sense of arrival Allow for sub -brand identity Create a path for wayfinding throughout Tukwila South's development Identify specific venues 2. Signage should be scaled appropriate to the use and volume of the street. Signage directed toward drivers should be easy to read from a distance. Information conveyed to pedestrians can be of a more intimate scale. District Identification 3. Signage that provides identification and directional information should be used to improve wayfinding throughout the Tukwila South Development. 4. Wayfinding signage should identify specific elements and districts within the Tukwila South development providing project identification throughout the community. 5. Wayfinding signage should be legible and consistent in placement, style, format, and icons. Project Identification 6. Signage should be an integral part of the design approach to the building and site. Signage should emphasize special building features, such as an entry or display window, with properly scaled signage. 7. Corporate logos and signs should be sized appropriately for their location. 8. Signs within a development should be coordinated and display similar or complementary design characteristics. 9. Provide durable, high quality materials and finishes for signage. 10. Provide signage to indicate site access and service entrances where appropriate. Retail 11. Sign lighting, including flat mounted and blade and banner signs, must be lit with concealed lighting, or from above with down lighting. 36 I Exhibit B Tukwila South Project Development Agreement Tukwila South Overlay Zoning District 1.1 201 PARK WAY GT \2 PARK WAY -SWO\ DEVELOPMENT -PWA \MASTER SURVEY -SWO \OLD MASTER SURVEY \rlwg \TUKWILA SOUTH OVERLAY ZONING DIST.rlwg. 5/21/2009 2:35:15 PM COUNCIL A GENDA SYNOPSIS 1—N41LA �'q a' Initial s' ITENINO. yi Meeting Date 1 Prepared by 1 Mayor's review County7 review ci 05/26/09 1 LV 1 YL�e 1 6'17 v 1 '5 19E-- a O 06/01/09 1 LV -t f_ 1 I 9-'--/-z-'I 3.902. 46tosl�s l 1' 1 u I ITEM INFORMATION 1 CAS number 09-069 'ORIGINAL AGENDA DATE: MAY 26, 2009 AGENDA ITEM TITLE An ordinance amending ordinance number 1833 as codified at Tukwila Municipal Code 17.16, relating to procedures for binding site improvement plans. C \"11 Discussion Motion Resolution Ordinance Bid Award Public Hearing Other 6/08/09 lItg Date 5/26/09 Mtg Date ilitg Date illtg Date 06/01/09 Mtg Date illtg Date 05/26/09 Altg Date SPONSOR Council Mayor Adin Svcs DCD ['Finance Fire Legal P &R Police PIV SPONSOR'S Adoption of the amendments to the Binding Site Plan section of Title 17, of the TMC will SUNI \L\RY provide improved means of land division and apply citywide. The Planning Commission held a public hearing on September 29, 2005 and reviewed the proposal and voted unanimously on a recommendation of approval to City Council at its September 29, 2005 meeting. Public hearing on this issue has been scheduled for May 26, 2009. REVIEWED Hl' COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/26/09 RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office recommends approval C(MMEI I'EE COST IMPACT FUND SOURCE ELPI NDITURI? RJ..c2U1 Rl;D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 05/26/09 I .r.. 1. 1 1' '1. F -06/01109 (Forward to 06/0/09 Special Meeting MTG. DATE 1 ATTACHMENTS 05/26/09 I Informational Memorandum dated 05/26/09, STAFF REPORT L05 -0298 I Draft Ordinance. 06/01/09 I Same as above, with ordinance in strike-through/underline format 06 /nR /09 (OrdinanrP in Finail_Form 1 Cits9r of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1833, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 17.16, RELATING TO PROCEDURES FOR BINDING SITE IMPROVEMENT PLANS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila desires to provide an optional process for land under a single ownership to be divided for the purpose of sale or lease; to facilitate alternative ownership options by allowing Binding Site Improvement Plans in conjunction with a condominium process for residential, commercial, or industrial purposes; and to allow phased infrastructure improvements for large tracts of land; and WHEREAS, an open record public hearing was held on May 26, 2009, on amendments to Tukwila's Binding Site Improvement Plan regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Sect 1. Ordinance Amended. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code 17.16.010, is hereby amended to read as follows: 17.16.010 Purpose This chapter is established to: A. Provide an optional process for land under single ownership to be divided for the purpose of sale or lease; and B. Accommodate the division of land for the purpose of sale or lease of property within an integrated commercial or industrial center, which allows certain zoning standards (minimum parking, setbacks, landscaping, lot area and lot dimension) on the individual lots to be modified provided the standards for the entire center are met; and C. Facilitate alternative ownership options by allowing Binding Site Improvement Plans in conjunction with a condominium process for residential, commercial, or industrial purposes (RCW 64.34); and D. Allow phased infrastructure improvements for large tracts of land. Section 2. Ordinance Amended. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code 17.16.020, is hereby amended to read as follows: 17.16.020 Applicability A. ELIGIBILITY: A Binding Site Improvement Plan application may be submitted for a project located on any land zoned multi- family, commercial or industrial consistent with the terms of this chapter. B. CONSTRUCTION AUTHORIZATION THROUGH OTHER PERMITS: A Binding Site Improvement Plan creates or alters existing lot lines. A Binding Site Improvement Plan does not authorize construction. Construction is permitted upon approval of construction and building permits that implement the Binding Site Improvement Plan. W: \Word Processing Ordinances Tukwila South Title 17 Binding Site Imp Plan.doc LV:ksn 05/28/2009 Page 1 of 6 Section 3. Ordinance Amended. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code 17.16.030, is hereby amended to read as follows: 17.16.030 Preliminary Binding Site Improvement Plan Approval A. APPLICATION/FEES: The following items are required, in quantities specified by DCD, for a complete Binding Site Improvement Plan application. Items may be waived if, in the judgment of the Short Subdivision Committee, said items are not applicable to the particular proposal: 1. Completed Binding Site Improvement Plan Application Font as prescribed by the DCD Director with fee as identified in TMC Chapter 18.88. 2. Completed Application Checklist. 3. A complete SEPA Checklist application if project is not exempt from SEPA. 4. Complete applications for other required land use approvals. 5. A vicinity map showing location of the site. 6. A survey prepared to the standards specified in TMC 17.04.060. 7. Site and development plans which provide the following information. The plans shall be neat and accurate on a decimal scale sufficient in size and detail to demonstrate the Binding Site Improvement Plan meets the ordinance requirements, on fykylax sheets in record of survey format: a. The owners of adjacent land and the names of any adjacent subdivisions. b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). c. Locations of existing and proposed public street rights -of -way and easements and private access easements. d. Location, floor area and setbacks of all existing structures on the site. e. Lot area, lot line dimensions and average widths for each lot. f. Location of proposed new property lines and numbering of each lot. g. Location, dimension and purpose of existing and proposed easements. Provide recorded documents that identify the nature and extent of existing easements. h. Location of proposed dedications. i. Existing and proposed topography at two -foot contour intervals extending to five feet beyond the project boundaries. j. Location of sensitive areas and sensitive area buffers (slopes 20% or greater, wetlands or watercourses) on the site. k. Location, size and species of any trees located within a sensitive area or its buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual lots with respect to TMC Chapter 18.54. 1. Location of existing and /or proposed fire hydrants to serve the project. m. Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. n. Expected location of new buildings and driveways, including finished floor elevations of the buildings. This requirement may be waived by the Responsible Official for long -term, phased developments where a phasing plan is required. 8. Letter of water and sewer availability if the provider is other than the City of Tukwila. W: \Word Processing \Ordinance-, \Tukwila South Title 17 Binding Site Imp Plandoc LV:ksn 05/28/2009 Page 2 of 6 9. Parking calculations to demonstrate that the requirements of TMC Chapter 18.56 have been met. 10. Proposed cross easement and maintenance agreement for shared parking, circulation, utility and landscaping improvements. 11. Legal descriptions of all tracts located within the boundaries of the short plat. 12. Consistency report addressing how the project complies with the applicable review criteria. 13. Estimated construction schedule with phasing plan and schedule. 14. Additional requirements for condominiums: Provide the following information on the site plan: number of units proposed, building dimensions, height and number of stories, distance between buildings, type of construction, sprinkler or non sprinkler, and occupancy classification. 15. Items contained in TMC 18.104.060 not already listed above. B. REVIEW PROCEDURES: An application for Binding Site Improvement Plan shall be reviewed and acted upon in the same manner prescribed in TMC 17.12.020B for short subdivisions. C. APPROVAL CRITERIA: 1. Prior to approval of any Binding Site Improvement Plan, the Short Subdivision Committee shall insure that the following improvements are provided to sufficiently service the anticipated uses throughout the proposed plan and the decision criteria that follow are met: a. Adequate water supply. b. Adequate sewage disposal. c. Appropriate storm drainage improvements. d. Adequate fire hydrants. e. Appropriate access to all anticipated uses within the plan. f. Provision for all appropriate deed, dedication, and /or easements. g. Monumentation of all exterior tract corners. 2. Legal Lots: a. Residential Binding Site Improvement Plan shall consist of one or more contiguous, legally- created lots and each lot shall meet the minimum dimensional requirements of the applicable zone or overlay district. b. If the site will contain commercial or industrial uses, or mixed -use commercial and residential uses, the lots shall meet the minimum dimensional requirements of the zoning district or meet the definition of "integrated site" in TMC Chapter 18.06, such that when taken as a whole and not considering interior lot lines, the integrated site meets all applicable zoning and subdivision requirements. 3. Appropriate easements and maintenance agreements for shared facilities, including but not limited to, circulation, parking, utilities and landscaping, have been provided. 4. Modifications to the minimum zoning standards for individual lots located within the integrated site including setbacks, parking, landscaping, lot area and lot dimension are not detrimental to the public health, safety and welfare, do not adversely affect the rest of the integrated site or other properties in the vicinity, and do not impede planned street, trail or pedestrian networks for the neighborhood or district. 5. Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. Nl: \Word Processing Ordinances \Tukwila South Title 17 Binding Site Imp P1an.dcc LV:ksn 05/28/2009 Page 3 of 6 6. Access to the integrated site meets the subdivision ordinance standards. Access within the site provides for safe and efficient circulation and meets Fire Department access requirements. 7. The circulation system incorporates appropriate provisions for safe pedestrian activity to the site from the street and from building to building within the site. 8. The sign regulations shall be applied to the integrated site as a whole. For example, the number of freestanding signs allowed is based on one site within the Binding Site Improvement Plan. Individual ownerships within the integrated site are not considered to be separate sites in determining the number of freestanding signs allowed. 9. The requirements of the Washington State Building Code are met. 10. Future Development: The Binding Site Improvement Plan shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and recorded Binding Site Improvement Plan. 11. Dedication Statement Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the Binding Site Improvement Plan. 12. Additional Approval Criteria for Binding Site Improvement Plans Proposing Condominium Ownership: Condominium developments are eligible for Binding Site Improvement Plan approval when the purpose of such approval is to divide the property so a portion of the parcel or tract can be subjected to either RCW Chapter 64.32 or 64.34. A Binding Site Improvement Plan can only be approved when the development has already been constructed or when the approval has been obtained and a building permit for an entire development or a portion of a development is issued. 13. Additional Approval Criteria for Phased Development: If the applicant chooses to develop the property in a phased development, the applicant must execute a development agreement with the City pursuant to RCW 36.70B.170 if one is not already in place. This agreement shall govern, at a minimum, the use and development of the property subject to the Binding Site Improvement Plan, including: a) vesting applicable to subsequent permits; b) the manner in which each phase of the development will proceed to ensure that the roads and utilities necessary to serve each phase of the development are constructed prior to the development of each phase; and c) expiration of the agreement and all provisions therein. 14. Consistency: The Binding Site Improvement Plan shall be consistent with any City approved master plans and development agreements. Section 4. Ordinance Amended. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code 17.16.040, is hereby amended to read as follows: 17.16.040 Final Approval of Plan A. Prior to the plan being granted final approval, a survey, prepared by a licensed surveyor to the standards contained in TMC 17.04.060, shall be submitted to the Short Subdivision Committee with the final plan. The survey and plan shall be consistent with the preliminary approval. B. Once the Short Subdivision Committee determines the survey, plan and other documents for recording are consistent with the preliminary approval, it will be certified for filing by the chair of the Short Subdivision Committee. C. After being certified for filing by the Short Subdivision Committee, Binding Site Improvement Plans and survey shall be filed by the applicant with the King County Department of Records and Elections, and a copy of the recorded documents shall be W: \Word Processing Ordinances Tukwila South Tide 17 Binding Site Imp Plan doc LV:ksn 05/28/2009 Page 4 of 6 returned to the Department of Community Development prior to issuance of any building permits for construction within the site. The applicant shall pay all costs associated with this filing. D. Binding Effect: Approved Binding Site Improvement Plans shall be binding and shall be enforceable by the City. All provisions, conditions and requirements of the Binding Site Improvement Plan shall be legally enforceable on the purchaser or on any person acquiring a lease or other ownership interest of any lot, tract, or parcel created pursuant to the Binding Site Improvement Plan. Section 5. Ordinance Amended. Ordinance No. 1833 51 (part), as codified at Tukwila Municipal Code 17.16.050, is hereby amended to read as follows: 17.16.050 Improvements A. IMPROVEMENTS: The following improvement requirements shall be met for each Binding Site Improvement Plan prior to the issuance of a building permit for construction within a Binding Site Improvement Plan. 1. IMPROVEMENTS REQUIRED: Consistent with TMC Chapter 17.20, and subject to any applicable development agreement, the following tangible improvements shall be provided for, either by actual construction or a construction schedule approved by the City and bonded by the applicant, before a Binding Site Improvement Plan may be recorded: grading and paving of streets and alleys; installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs; together with all appurtenances thereto to specifications and standards of this code, approved by the Short Subdivision Committee and in accordance with other standards of the City. A separate construction permit will be required for any such improvements, along with associated engineering plans prepared per the City Drafting Standards. 2. MODIFICATIONS: Proposals that contain commercial or industrial uses, or mixed -use commercial and residential uses, and meet the definition of "integrated site" in TMC 18.06 are not required to submit a modification request. Where a proposal is not eligible to be an "integrated site" or where the definition of "integrated site" does not expressly allow for a modification of a particular standard(s), modifications of improvement standards required in TMC Chapter 17.20 shall be made through the exception process in TMC Chapter 17.28. B. PHASING OF IMPROVEMENTS: To satisfy improvement requirements, the Short Subdivision Committee is authorized to impose conditions and limitations on the Binding Site Improvement Plan. If the Short Subdivision Committee determines that any delay in satisfying requirements will not adversely impact the public health, safety or welfare, the Committee may allow requirements to be satisfied prior to issuing the first building permit for the site, or prior to issuing the first building permit for any phase, or prior to issuing a specific building's certificate of occupancy, or in accordance with an approved phasing plan, or in accordance with plans established by a development agreement or as otherwise permitted or required under City code. Section 6. Ordinance Amended. Ordinance No. 1833 51 (part), as codified at Tukwila Municipal Code 17.16.060, is hereby amended to read as follows: 17.16.060 Revision of Plan A. ALTERATION: Alteration of an approved Binding Site Improvement Plan, excluding standard easements for utilities and lot line adjustments, shall be accomplished following the same procedures required for a new Binding Site Improvement Plan application as set forth in this chapter; provided, that only owners of lots within the Binding Site Improvement Plan that are directly affected by the proposed alteration shall be required to authorize application for the alteration. If property subject to a Binding Site Improvement Plan approval is the subject of a development agreement, the alteration of the approved Binding Site Improvement Plan shall not require an amendment to the development agreement or approval by the City W: \Word Processing \Ordinances \Tukwila South Title 17 Binding Site Imp P lan.doc LV:ksn 05/28/2009 Page 5 of 6 Council and, after approval and recording, shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement. B. VACATION: Vacation of a recorded Binding Site Improvement Plan shall be accomplished by following the same procedures required for a new Binding Site Improvement Plan application as set forth in this chapter. If a portion of a Binding Site Improvement Plan is vacated, the property subject to the vacation shall constitute one lot, and the balance of the approved Binding Site Improvement Plan shall remain as approved. Any non conformities created by such a vacation must be remedied prior to final approval of the vacation. If a Binding Site Improvement Plan property subject to a Binding Site Improvement Plan approval is the subject of a development agreement, the vacation of the approved Binding Site Improvement Plan, whether total or partial, shall not require an amendment to the development agreement or approval by the City Council and, after approval and recording shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement. Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 8. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by Iaw. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor W: \Word Processing \Ordinances \Tukwila South Title 17 Binding Site Imp Plan.doc LV:ksn 03/28/2009 Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 6 of 6 COUNCIL AGENDA SYNOPSIS J j q�, Initials IT NO. X 3 illeetin Date I Prepared by 1 Mayors review 1 Countzl review 1 GI 05/26/09 LV f r f A. Pc -T a _..1 O 06/01/09 LV I ilr.�'� 1 dk 06/08/09 LV I 4. I -1,.�.,, I 3 ITEM INFORMATION I CAS Number 09-070 IOIZIGINAL DATE: MAY 26, 2009 .AGI.\D.\ IT' TITLE An ordinance amending Tukwila's Shoreline Master Plan Map. C vil t;OItY N Discussion Motion Resolution Ordinance Bid Award Public Heal?ng Other Mfg Date 5 /26/09 Aft Date Mtg Date Mfg Date Alt; Date Altg Date 05/26/09 Mtg Date (SPONSOR Council Mayor Adrt Svcs DCD Finance Fire Legal P&R Police PIV SPONsOli's As part of the Tukwila South Project approval process, adoption of the amendment to the SL:\I\L\RV Shoreline Master Plan map will pre designate the shoreline as "Urban Environment" and become effective upon annexation. The Planning Commission held a public hearing on September 29, 2005 and reviewed the proposal and voted unanimously on a recommendation of approval to City Council at its September 29, 2005 meeting. Public hearing on this issue has been scheduled for May 26, 2009. RI I1;\\'I ,I) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA IE: 05/26/09 RECOMMENDATIONS: SPONSOR /ADAIIN. Mayor's Office COMlfr1TEI, COST IMPACT FUND SOURCE EXPI ..N multi i REQ U IRl?ll AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: MTG. DATE RECORD OF COUNCIL ACTION I 05/26/09 Forward to 06/01/09 Regular Meeting 06/01/09 Forward to 06/08/09 Special Meeting MTG. DATE ATTACHMENTS 05/26/09 Informational Memorandum dated 05/26/09, STAFF REPORT L05 -030 Draft Ordinance with Exhibit. 06/01/09 Same as above, with ordinance in strike- through format ofi /OR /ill Ordin in Final Form I I Christy O'Flaherty, CIvIC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney City of Tukwi Jim Haggerton, Mayor W: \Word Processing Ordinances Tukwila South Shoreline Master Plan Amend.doc LV:ksn 05/28/2009 Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: a Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA'S SHORELINE MASTER PLAN MAP TO PRE DESIGNATE THE SHORELINE AREA LOCATED WITHIN THE TUKWILA SOUTH POTENTIAL ANNEXATION AREA AS "URBAN ENVIRONMENT" AND FOR SUCH DESIGNATION TO BE EFFECTIVE UPON ANNEXATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City desires to amend the Tukwila Shoreline Master Plan Map to pre- designate the shoreline area within the Tukwila South Potential Annexation Area "PAA to the "Urban Environment" classification; and WHEREAS, pre designation of the subject area as "Urban Environment" under the Tukwila Shoreline Master Plan will ensure that appropriate shoreline use and development controls, consistent with the Tukwila Comprehensive Land Use Plan, are in place immediately upon annexation of the PAA; and WHEREAS, under "pre- designation," the Urban Environment classification would become effective only upon annexation; and WHEREAS, pre designation is allowed under the Washington State Shoreline Management rules (WAC 173 -26 -150); NOW, THEREFORE, THE CITY COUNCIL OF THE CI1 Y OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Shoreline Master Plan Map Amended. The Tukwila Shoreline Master Plan Map is hereby amended to pre designate the shoreline area located within the Tukwila South Potential Annexation Area as "Urban Environment." The potential annexation area for which this pre designation applies is set forth in Exhibit A, incorporated by this reference as if fully set forth herein. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force upon the date on which all the property set forth in "Exhibit A" is within the municipal boundaries of the City of Tukwila. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWII.A, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST /AUTHENTICATED: Attachment Exhibit A Tukwila South Shoreline Master Program Map Amendment Page 1 of 1 Exhibit A Tukwila South Shoreline Master Program Map Amendment j PROJECT I 1,-1 PERIMETER L 1 TUKWILA MUNICIPAL BOUNDARY AFTER LA PIANTA ANNEXATION EXISTING TUKWILA/KING COUNT( UNE EXISTING TUKWILA SHOREUNE JURISDICTION AREA (200-FEEF) PROPOSED TUKWILA SHOREUNE JURISDICTION AREA (200-1-hL I) AREA TO BE ANNEXED Exhibit A TUKWILA SOUTH PROJECT TUKWILA SOUTH SHORELINE MASTER PROGRAM MAP AMENDMENT TUKWILA. KING COUNTY. WASKINGTON N COUNCIL AGENDA SYNOPSIS �1La w w 4 Initials ITEMNO. 4 i I lleetin Date Prepared by tlla or''s review I Council reciesr 4- 7-' 1 0 1 05/26/09 1 LV 1 e-' 1 r 1 S 'E 4 1 06/01/09 1 LV 1 A� 1 171, :1/1 1 06/0009 I LV I I a 49v 1 r. 290E I I 1 u ITEM INFORMATION CAS NUMBER: 09-071 I ORIGINAL. AGENDA DATE: MAY 26, 2009 AGI:ND.\ I'rI:MTrrl.l:. Apply the designation of "Sensitive Area Master Plan Overlay District" to Tukwila South Project property boundaries as one of the decisions made by Council as part of its review of the Tukwila South Project C.vi'I :G()RY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other 6/8 0 9 109 illtg Date 5/26/09 Aftg Date Date tilt; Date 0 01 Alt; !llt; Date Alts Date 5/26/09 ditg Date 1SPONSOR Council Mayor Adni Svcs DCD Finance Fire Legal P&R Police PLY/ SP( SOR'S Per TMC 18.45.160, City Council may designate certain areas as Sensitive Area Master Plan SLIM. \RY Overlay districts for the purpose of encouraging a comprehensive approach to sensitive area protection, restoration, enhancement and creation. Designation of Sensitive Area Master Plan Overlay districts occur through the Type 5 (City Council, after an open record public hearing) decision process (TMC 18.104). A public hearing (Quasi Judicial) is scheduled for May 26. RI: vII•: \VI.D BY COWMtg. CA &P Cmte F &S Cmte Transportation Cmte n Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'E: 05/26/09 RECOMMENDATIONS: SPONSOR /ADmIN. Administration recommends adoption of the proposed ordinance C()\I\IIITEE I COST IMPACT FUND SOURCE EIPI?N DITURI{ RI ;c?UIRI'.D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: 1 MTG. DATE RECORD OF COUNCIL ACTION 05/26/09 Forward to 06/01/09 Regular Meetinn 06/01/09 Forward to 06/08/09 Special Meeting I I 1 MTG. DATE ATTACHMENTS 05/26/09 Informational Memorandum dated 5/26/09 Draft Ordinance with exhibit. I 06/01/09 Same as above, with ordinance in strike through /underline format 06/08/09 Ordinance in Final Form Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DESIGNATING THE TUKWILA SOUTH PROJECT AREA AS A SENSITIVE AREA MASTER PLAN OVERLAY DISTRICT; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN El±ECTI VE DATE. WHEREAS, the City Council may designate certain areas as Sensitive Area Master Plan Overlay Districts for the purpose of allowing and encouraging a comprehensive approach to sensitive area protection, restoration, enhancement and creation, in appropriate circumstances, utilizing best available science; and WHEREAS, the preparation and implementation of a Sensitive Area Master Plan for the Tukwila South Project area is likely to result in net improvements in sensitive area functions and values when compared to development under the general provisions of Tukwila Municipal Code Chapter 18.4; and WHEREAS, the Tukwila South Project site is approximately 500 acres, well above the 10- acre minimum for an area to be designated a Sensitive Area Master Plan Overlay District; and WHEREAS, an open record public hearing on the designation of the Tukwila South Project area as a Sensitive Area Master Plan Overlay District was held on May 26, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Sensitive Area Approved. The City of Tukwila hereby approves designation of the Tukwila South Project area, as shown on the attached Exhibit A, as a Sensitive Area Master Plan Overlay District. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force upon the date on which all the property shown on the map attached hereto as "Exhibit A" is within the municipal boundaries of the City of Tukwila. Section 4. Expiration. The City of Tukwila and La Pianta LLC have entered into a Development Agreement dated June J 2009 (the "Development Agreement regarding the property shown on the map attached hereto as "Exhibit A. If the Development Agreement terminates prior to the expiration of its term in accordance with the terms therein, this Ordinance shall expire without further legislative action and be of no further force or effect. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKFIWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST /AUTHENTICATED: Attachment: Exhibit A Sensitive Area Master Plan Overlay District Map \Word Processing Ordinances Tukwila South Sensitive Area.doc LV:ksn 06 /02/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Fffective Date: Ordinance Number: Page 1 of 1 Exhibit A Tukwila South Project Development Agreement Tukwila South Master Plan Sensitive Area Master Plan COUNCIL AGENDA SYNOPSIS ITEMNO. Meeting Date I Prepared by 1 Mayors review 1 Council review 1 05/26/09 LV 1 ii.l 1 cJ 1 5 e A I 06/01/09 LV 1 A.� 1 1,. O6 /OR /O9 I LAI I A L I �r,�n, I G -ago I 1 1 1 d ITEM INFORMATION CAS NUMBER: 09-073 I ORIGINAL AGENDA DATE: MAY 26, 2009 AG IND. ITENITI'1n An Ordinance vacating a portion of Frager Road as part of Tukwila South Project. (;.v1 Ic;o!tx Discussion Motion Resolution Ordinance Bid Award Public Hearin° Other Alts Date 5/26/09 Mfg Date Altg Date Mtg Dat 691/9¢ 9 Mtg Date hltg Date 06/01/09 Nits Date SPONSOR )R Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Vacation of a portion of Frager Road property to be exchanged with La Pianta LLC for land SUMMARY for Southcenter Parkway right -of -way. RI .I'll.wI .D BY COW lvitg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/26/09 RECOMMENDATIONS: SPC )NSC R /ADMIN. Mayor's Office Cc )MMITI'EI COST IMPACT FUND SOURCE ExPI NDPI'URu? RI QU11u s' D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comtnents: 1 MTG. DATE RECORD OF COUNCIL ACTION 05/26/09 Forward to 06 /01/09 RPguliar Meeting 06/01/09 Forward to 06/08/09 Special►;,Meetinq MTG. DATE ATTACHMENTS 05/26/09 Informational Memorandum dated 05/26/09 Draft Frager Road street vacation ordinance with Exhibit. I 06/01/09 Same as above I 06/08/09 Ordinance in Final.. Form 387 Ci of Tukwila Washington Ordinance No. AN ORDINANCE OF THE C1'1 'Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING PORTIONS OF THE EXISTING FRAGER ROAD RIGHT -OF -WAY FROM APPROXIMATELY EXISTING CITY LIMITS, AS OF THE DATE OF ORDINANCE ADOPTION, TO SOUTH 200TH STREET, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFkECTTVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property," generally located between the boundaries of South 178th Street /South 180th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act, and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tukwila South Project consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly entered into a Development Agreement with La Pianta LLC for the Tukwila South Project by adopting Ordinance No. and WHEREAS, the Development Agreement calls for an extension of Southcenter Parkway in a new alignment to function as the major transportation arterial through the site; and WHEREAS, on June 1, 2009, following required public notification, the City Council conducted a public hearing on the matter and at the conclusion of such hearing determined the aforementioned right -of -way should be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions. The City Council makes the following findings and conclusions: Upon completion of the extension of Southcenter Parkway in a new alignment along the west edge of the valley floor as described in the Development Agreement, portions of Frager Road from approximately existing City limits as of the adoption of this ordinance to South 200th Street will not be needed for right -of -way and public vehicular travel as part of the City's street system and there is no remaining public use or benefit to these portions of Southcenter Parkway following the dedication of the right -of -way necessary for the new Southcenter Parkway alignment. Section 2. Street Vacated. After making the above findings regarding the proposed street vacation, the City Council finds that the easement for public vehicular travel on W:\Word Processing Ordinance \Tukwila South Fraaer Road Street Vacation.doc SV:ksn 05/28/2009 Page 1 0 389 390 Frager Road from approximately existing City limits, as of the date of ordinance adoption, to South 200th Street, as the right -of -way is more particularly described in Exhibit A, and depicted on the map attached as Exhibit B, shall be vacated upon the conditions set forth herein. Section 3. Consideration. The consideration for this vacation is La Pianta LLC's obligations to the City in the Development Agreement. Section 4 Conditions Precedent. The following conditions shall be met prior to vacation of portions of Frager Road right -of -way: 1. La Pianta LLC shall dedicate all right -of -way necessary for the realignment and construction of relocated Southcenter Parkway along the Past edge of the valley as described in the Tukwila South Project Development Agreement adopted by City Council by Ordinance No. 2. The construction of the relocated Southcenter Parkway in the new alignment shall be complete as described in the Tukwila South Project Development Agreement adopted by the City Council by Ordinance No. 3. La Pianta LLC has delivered to escrow the deed for the donation of land for the Fire Station as described in the Tukwila South Project Development Agreement adopted by the City Council by Ordinance No. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. If La Pianta, LLC provides proof of compliance with all conditions precedent to this vacation, the street vacation shall be effective. Otherwise, this street vacation shall be null and void. After receipt of such proof, the City Clerk is hereby directed to record a copy of this ordinance. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Exhibit A Legal Description Exhibit B Map W: \Word Processing\Ordinances\Tuksvila South Frager Road Street Vacation.doc SV:ksn 0528/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 EXHIBIT A VACATED PORTION OF FRAGER ROAD That portion of Frager Road (also a pearing of record as Southcenter Parkway and also appearing of record as 57 Avenue South) located in King County, Washington and lying between the two following described lines A and B: LINE A: The southerly city limits of the City of Tukwila as said city limits cross Frager Road. LINE B: The north right -of -way line of South 200 Street in King County, Washington, at its point of intersection with said Frager Road. W: \Word Processinb Ordinances \Tukwila South Frager Road Street Vac Exhibit Adoc LV:ksn 05212009 Page 1 of 1 391 Exhibit B Tukwila South Project Development Agreement Frager Road Right of Way Vacation COUNCIL AGENDA SYNOPSIS r 4 Initials IlM NO. M Date 1 Prepared by 1 Mayor's review 1 Council review 05/26/09 I LV 1 „h.�.G�- 1 n i- 0 06/01/09 1 LV 1 A- 4 1 b- J� J 06/08/09 I LV 1 1 1 ITEM INFORMATION CAS NUMBER: 09-074 'ORIGINAL AGENDA DATE: MAY 26, 2009 AGENDA ITI..M Trim An Ordinance vacating a portion of Southcenter Parkway as part of Tukwila South Project. c..1TI t :t )RY N Discussion Motion Resolution N Ordinance ['Bid A.-vard N Public Hearing Other t11tg Date 5/26/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 06/01/09 Mtg Date 1SPONSOR Council N Mayor Adrn Svcs DCD Finance Fire Legal P &R Police PW S►'()NSt At' s Vacation of a portion of Southcenter Parkway property to be exchanged with La Pianta LLC St iMMARY for land for Southcenter Parkway right -of -way. RIvII BY N COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA I'E: 05/26/09 RECOMMENDATIONS: SPt)NS()R /ADmiN. Mayor's Office Ct )MMrrr E COST IMPACT FUND SOURCE Ex1I:NDITURI. RI?tiU11U D AMOUNT B UDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 05/26/09 (Forward to 06/01/09 Regular Meetino 06/01/09 (Forward to 06/08/09 Special Meeting MTG. DATE I ATTACHMENTS 05/26/09 Informational Memorandum dated 05/26/09 Draft Southcenter Parkway street vacation ordinance with Exhibit. 06/01/09 Same as above 06/08/09 Ordinance in FinalI.;Form 1 395 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE C1'1 Y COUNCIL OF THE CITY OF TUKVVILA, WASHINGTON, VACATING PORTIONS OF THE EXISTING SOUTHCENTER PARKWAY RIGHT -OF -WAY FROM APPROXIMATELY SOUTH 180th STREET TO EXISTING CITY LIMITS, AS OF THE DATE OF ORDINANCE ADOY1'ION, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EN ECTIVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property" generally located between the boundaries of South 178th Street /South 180th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act, and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tukwila South Project consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly entered into a Development Agreement with La Pianta LLC for the Tukwila South Project by adopting Ordinance No. and WHEREAS, the Development Agreement calls for an extension of Southcenter Parkway in a new alignment to function as the major transportation arterial through the site; and WHEREAS, on June 1, 2009, following required public notification, the City Council conducted a public hearing on the matter, and at the conclusion of such hearing determined that the aforementioned right -of -way should be vacated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions. The City Council makes the following findings and conclusions: Upon completion of the extension of Southcenter Parkway in a new alignment along the west edge of the valley floor as described in the Development Agreement, portions of Southcenter Parkway from approximately South 180th Street to the existing City limits will not be needed for right -of -way and public vehicular travel as part of the City's street system and there is no remaining public use or benefit to these portions of Southcenter Parkway following the dedication of the right -of -way necessary for the new Southcenter Parkway alignment. W: \Wcrd Processine \Ordinances \Tukwila South Southcanter Parkway Street Vacation doc LV:ksn 05/28/2009 Page 1 of 2 397 398 Section 2. Street Vacated. After making the above findings regarding the proposed street vacation, the City Council finds that the easement for public vehicular travel on Southcenter Parkway from approximately South 180th Street to the existing City limits, as the right -of -way is more particularly described in Exhibit A, and depicted on the map attached as Exhibit B, shall be vacated upon the conditions set forth herein. Section 3. Consideration. The consideration for this vacation is La Pianta LLC's obligations to the City in the Development Agreement. Section 4. Conditions Precedent. The following conditions shall be met prior to vacation of portions of Southcenter Parkway right -of -way: 1. La Pianta LLC shall dedicate all right -of -way necessary for the realignment and construction of relocated Southcenter Parkway along the east edge of the valley as described in the Tukwila South Project Development Agreement adopted by City Council by Ordinance No. 2. The construction of the relocated Southcenter Parkway in the new alignment shall be complete as described in the Tukwila South Project Development Agreement adopted by the City Council by Ordinance No. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. If La Pianta, LLC provides proof of compliance with all conditions precedent to this vacation, the street vacation shall be effective. Otherwise, this street vacation shall be null and void. After receipt of such proof, the City Clerk is hereby directed to record a copy of this ordinance. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Exhibit A Legal Description Exhibit B Map W: \Word Processing'Ordinances \Tukwila South Southcenter Parkway Street Vaeatien.dec LV:ksn 05!2872009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Pale 2 of 2 EXID:BIT A VACATED PORTION OF SOUTHCENTER PARKWAY Parcel 1: That portion of Southcenter Parkway (also appearing of record as Frager Road and also appearing of record as 57 Avenue South) located in King County, Washington and lying between the two following described lines A and B: LINE A: Beginning at the northwest corner of the southwest 1 /4 of the northeast 1 /4 of section 35, township 23 north, range 4 east, W.M.; Thence south 88 °54'46" east along the north line of said subdivision, 449.30 feet; Thence south 01°05'14" west 36.0 feet to the southerly margin of south 180 street; Thence continuing south 01°05'14" west 365.78 feet; Thence north 88 °54'46" west 424.89 feet; Thence south 86 °58'00" west 103.76 feet; Thence south 58 °20'50" west 74.23 feet to the easterly margin of said Southcenter Parkway and the true point of beginning; Thence proceeding northwesterly, at right angles to said easterly margin of said Southcenter Parkway, to the westerly margin of said Southcenter Parkway and the terminus of Line A. LINE B: The southerly city limits of the City of Tukwila as said city limits cross said Southcenter Parkway. Parcel 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 87 °50'57" WEST, 243.15 FEET; THENCE NORTH 02 °09'03" EAST 248.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 78 °00'27" EAST 38.15 FEET TO THE WESTERLY MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848; THENCE SOUTH .11 °59'33" EAST 164.65 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 537.14 FEET, THROUGH A CENTRAL ANGLE OF 00 °08'00 AN ARC DISTANCE OF 1.25 FEET; THENCE NORTH 24 °56'33" WEST 170.23 FEET TO THE 1RUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE EAST HALF OF P. J. MUSIEL ROAD ABUTTING THE WEST LINE OF THE PROPERTY ABOVE DESCRIBED, AND BOUNDED ON THE WEST BY THAT PORTION VACATED UNDER CITY OF TUKWILA VACATION ORDINANCE NO. 626, ON THE SOUTH BY THE NORTH MARGIN OF THE NEW ALIGNMENT OF P. J. MUSIEL COUNTY ROAD AND ITS EXTENSION EASTERLY AND NORTHERLY (ALONG THE 50 FOOT RADIUS CURVE) TO THE INTERSECTION WITH THE WEST MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848, AND ON THE NORTH BY THE SOUTHWESTERLY EXTENSION OF THE NORTH LINE OF THE PROPERTY DESCRIBED ABOVE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. W: \Word Processing \Ordinances \Tukwila South Southcenter Parkway Street Vac Exhibit Adoc LV:ksn 05128/2009 Pagel of 1 399 Exhibit B TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT SOUTHCENTER PARKWAY RICHT OF WAY VACATION COUNCIL AGENDA SYNOPSIS Initials h Jar No. jt` Meeting Date Prepared by Mayor's review Council review 0 I 05/26/09 I BM l I A.k. I G� I 5 PE ,n I 06/08/ 9 9 I BM I A-4-6--- I t) ITEM INFORMATION 1 CAS NUMBER: 09-072 1 ORIGINAL AGENDA DATE: MAY 26, 2009 AGIiND,\ I'lEM TITLE Resolution declaring real property as surplus and authorizing an exchange with La Pianta as part of Tukwila South Project. C.vt'Iis ;CORY Di.rmssion Motion Resolution Ordinance Bid ward Public Hearing Other 6/8109 Aitg Date 05/26/09 Altg Date Alts Dat&Ci4511619 tlltg Date Mtg Date Mtg Date 06/01/09 Mtg Date SPt 3NSOR Council Mayor Adrn Svcs DCD Finance Fire Legal PdrR Police PIV SPONSOR'S Adoption of a resolution declaring a .72 acre stormwater pond within the Tukwila South SV Project area as surplus and permitting the property to be exchanged with La Pianta LLC for land for the Southcenter Parkway project right -of -way. RI ly-wi t) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/26/09 RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office COMMVITEE COST IMPACT FUND SOURCE E \PI iNDrt'URI? RI:.QUIRI ',D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Cotntnents: MTG. DATE 1 RECORD OF COUNCIL ACTION 05/26/09 (Forward to 06/01/09 Regular Meeting 06/01/09 I Forward to 06/08/09 Special Meeting MTG. DATE 1 ATTACHMENTS 05/26/09 I Informational Memorandum dated 05/19/09 Draft Resolution and Exhibit 06/01/09 1 Same as above 06/08/09 1 Resollution in Final Form 403 City of Tukwila Washington Resolution No. A RESOLUTION OF THE C11 Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING THE REAL PROPERTY LOCATED AT FRAGER ROAD AND SOUTH 200TH STREET TO BE SURPLUS; AND AUTHORIZING ITS EXCHANGE. WHEREAS, the City of Tukwila is preparing to annex approximately 259 acres of land, collectively known as the "Tukwila South Project," into the corporate limits of the City; and WHEREAS, upon the effective date of the annexation the City will assume ownership and control of certain rights -of -way and stormwater facilities from King County; and WHEREAS, the City has entered into a development agreement with La Pianta LLC, the majority landowner in the Tukwila South Project, for the overall development of the area; and WHEREAS, the City of Tukwila plans to undertake major infrastructure improvements within the Tukwila South Project, including realigning and reconstructing of Southcenter Parkway, and La Pianta LLC plans to construct new regional stormwater facilities; and WHEREAS, the stormwater facility located on King County Parcel #0222049061 will no longer be needed by the City for stormwater control as a result of the City and La Pianta's planned infrastructure improvements; and WHEREAS, the stormwater facility located on King County Parcel #0222049061 was originally acquired for use as a utility, disposal of the property must be consistent with the City's Disposal of City Assets policy and RCW 35.94.040; and WHEREAS, on June 1, 2009, following adequate public notification, the City Council of the City of Tukwila held a public hearing to consider declaring the stormwater pond on King County Parcel #0277049061 surplus; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Surplus. The real property, shown as attached Exhibit A and described as follows, to be owned by the City of Tukwila upon annexation, is hereby declared surplus. No Address Assigned, King County Parcel #0272049061, is legally described as follows: PORTION OF SW QTR NW QTR STR 02 -22 -04 DAF: COM IENCING AT SE CORNER OF SAID SUBDIVISION TH N89- 16-32W ALONG EAST WEST CENTERLNi E OF SAID SECTION 458.30 FT TH NO2- 40-47E 53.72 FT TO TPOB TH CONTINUING NO2- 40 -47E 68.04 FT TH N20- 24 -53E 88.72 FT TH N49 -07 -02E 82.00 FT TO INTERSECTION WITH SWLY MARGIN W:\ Word Processing Resolutions \Tu_hvila South Surplus Property Frager Road.doc SKksn 05/28/2009 Page 1 of 2 405 406 OF FRAGER RD TH S40- 52 -58E ALONG SAID SWLY MARGIN 117.97 FT TO POINT ON CURVE FROM WHICH RADIAL CENTER BEARS S49 -07- 02W 798.51 FT TH SELY ALONG ARC OF SAID CURVE CONCAVE TO SW 93.58 FT TO POINT ON NON TANGENT CURVE FROM WHICH RADIAL CENTER BEARS S84- 31 -00W 40.00 FT TH SWLY ALONG ARC OF SAID CURVE CONCAVE TO NW 67.17 FT TH N89- 16 -32W 190.00 FT TO TPOB. Section 2. Exchange of Surplus Property. The Mayor of the City of Tukwila is hereby authorized to exchange the surplus property described herein with La Pianta LLC in consideration for La Pianta LLC providing the City with real property for the relocation of Southcenter Parkway, as outlined in the development agreement entered into between the City of Tukwila and La Pianta LLC, which was adopted by Ordinance No. Section 3. Conditions Precedent to Property Exchange. A. The surplus property described herein shall not be transferred until such time as the property is annexed to the City of Tukwila. B. The surplus property described herein shall not be transferred until La Pianta LLC has provided replacement storm drainage facilities for South 200th Street, as outlined in the development agreement entered into between the City of Tukwila and La Pianta LLC, which was adopted by Ordinance No. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Exhibit A Map W:\ Word Processing \R \Tukwila South Surplus Property Frager Road.doc SK:ksn 05/28/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 2 Exhibit A TUKWILA SOUTH PROJECT TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT TUKWILA SOUTH SURPLUS PROPERTY TO BE EXCHANGED WITH LA PIANTA LLC TUKWILA, KING COUNTY, WASHINGTON J SOUTH 77.1, o..i SSCALE BUSD S PAR NOT TO SCALE Exhibit A 407 8th (Monday) Community Affairs Parks Cmte, 5: 00 PM (CR 43) City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) C.O.W. to be immediately followed by a Special Meeting City Council Regular Mtg., 7:00 PM (Council Chambers) 9th (Tuesday) Utilities Cmte, 5 :00 PM (CR 41) Tukwila International Boulevard Action Cmte, 7:00 PM (Community Center) 15th (Monday) 16th (Tuesday) Transportation Finance Cmte, Safety Cmte, 5:00 PM 5:00 PM (CR 41) (CR :3) Upcoming Meetings Events JUNE 2009 10th (Wednesday) 11 t (Thursday) 17th (Wednesday) 18th (Thursday) Parks Commission, 5:30 PM (Community Center) Library Advisory Board, 7:00 PM (Foster Library) Crime Hot Spots Task Force Mtg., 10 :00 AM (CR 45) Domestic Violence Task Force, 12:00 NOON (Human Svcs. office) Teen Summer Kick -Off Festival 12:00 NOON -5:00 PM FREE fun for grades 6 to 12 including a Dl, skateboard and roller blade demo, inflatable obstacle course and more! `r Tukwila Historical Society, 7:00 PM (George Long facility) A Tukwila Centennial event: F Plein Air Paint Out continues. Artists from throughout the Northwest will paint outdoor scenes of Tukwila locations. 12th (Friday) Human Services Advisory Board, 10:00 AM (Human Services office) 19th (Friday) Human Services Providers, 1130 AM (Community Center) Plein Air PaintOat Events "Quick Draw" event 4:00 to 6 :00 Pm furled show of all paintings 6:00 to 8:00 PM Community Center 13th (Saturday) Council Coffee Chat 10:00 AM to 12:00 NOON at Starbucks (13038 Interurban Ave.) Stop by and informally talk with a Tukwila City Council member about anything on your mind regarding Tukwila. A Tukwila Centennial event: June 13 -19: Plein Air Paint Out Artists from throughout the Northwest will paint outdoor scenes of Tukwila locations. The event will take place over 7 days, and culminate in a juried show at the Tukwila Community Center on June 19. 20th (Saturday) City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 43. Agenda item for 6/8/09 meeting: (A) Resolution rejecting bids for Codiga Park Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 83. >Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 -433 -7180. >Transportation Committee: 1st 3rd Mon., 5 :00 PM, Conf. Room 81. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at206 -433 -1812. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 41. Agenda items for 6/9/09 meeting: (A) 2008 Small Drainage Program —project completion and acceptance (B) Side sewer installation at 13906 51st Ave. S.— Change Order No. 1. 409 410 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 REGULAR C.O.W. June 1 29th Fifth Monday of the month—no Council meeting scheduled J 6 3th Independence Day (observed) (City offices closed) Unfinished Business: CERB contract 8 See agenda packet cover sheet for this week's agenda (June 8, 2009 Committee of the Mole Meeting) COMMITTEE OF THE WHOLE Mtti ING TO BE FOLLOWED BY A SPECIAL MEETING 15 13 20 Special Presentation: Update from Martin J. Durkan Public Hearing: Shoreline Master Program update and environmental review (continued from April 20, 2009) MEETING 3 MEETING 4 REGULAR C.O.W. Special Presentation: Update on the Seattle Southside Business Attraction Program Bid Award: 2009 Small Drainage Program Public Hearing: Ordinance annexing approximately 259 acres known as the Tukwila South project property Unfinished Business: Resolution adopting the 2010 -2015 Trans- portation Improve- ment Program Fireworks permit for Family 4th at the Fort celebration Construction contract Change Orders 2 3 for Interurban Ave. S. Waterline Project Construction management contract supplement for Interurban Ave. S. Waterline Project Contract change order for standby power upgrades Turnover of infrastructure and dedication of right -of- way for Westfield Southcenter Mall King County Animal Control options Ordinance annexing approximately 259 acres of real property known as the Tukwila South project property Ordinance amending Ordinance No. 2111 22 Special Presentation YMCA presentation (Claudia Tanis, Executive Director, and Amy White, Financial Development Director) Special Issues: CERB contract COMMITTEE OF TI-LT WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING 27