HomeMy WebLinkAboutReg 2009-05-18 COMPLETE AGENDA PACKET4. CONSENT AGENDA
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10. EXECUTIVE SESSION
11. ADJOURNMENT
Tukwila City Council Agenda
REGULAR MEETING
Jim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder
Rhonda Berry, City Administrator Dennis Robertson Verna Griffin
Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn
Monday, May 18, 2009; 7:00 PM Ord #2231 Res #1682
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. PROCLAMATIONS/ a. A proclamation designating May 17 -23, 2009 as National Public Works Pg.1
APPOINTMENTS Week.
b. Confirm the Mayor's appointment of Rushaun Johnson to Position #9, Pg.3
High School representative, on the Community Oriented Policing
Citizens' Advisory Board, with a term expiring upon graduation from
High School.
3. CITIZEN At this time, you are invited to comment on items not included 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.
a. Approval of Minutes: 4/20/09 (Regular); 5/4/09 (Regular).
b. Approval of Vouchers.
An ordinance authorizing the Mayor to enter into a Development Agreement Pg.7
with LaPianta, LLC for the project known as Tukwila South.
a. Authorize the Mayor to sign an application for Community Development Pg.137
Block Grant funds for the 2010 Minor Home Repair Program to serve the
Cities of Tukwila, SeaTac, Des Moines, and Covington in the amount of
$91,000.00 (see 5/11/09 C.O. W.).
b. 2009 Comprehensive Plan Amendments to be discussed in public Pg.139
meeting format (see 5/11/09 C.O. W.).
c. Authorize the Mayor to sign an amendment to Contract #06 -059 with Pg.141
Commercial Development Solutions for project management services in the
amount of $48,000.00 (see 5/11/09 C.O. W.).
a. Mayor c. Staff
b. City Council d. City Attorney
e. Intergovernmental
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.
A
A
PROCLAVIATION
WHEREAS, the Public Works services provided in our community are
an integral part of the daily lives of our citizens; and
WHEREAS, the efficient and effective provision of these services
greatly enhances the health, safety, and welfare of our community; and
WHEREAS, quality and effectiveness in the design and construction of
public facilities and in the provision of public services is vitally dependent
on the knowledge, skills, and dedication of the Public Works staff and
officials in the City of Tukwila; and
WHEREAS, the support of the community and the understanding of
the importance of the work performed by Public Works staff materially
influences their ability to respond to the needs of the citizens;
NOW, THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila,
do hereby proclaim May 17 through May 23, 2009, with this year's theme
"Revitalize, Reinvest, Renew," as
National Public Works Week
in the City of Tukwila, and I invite all citizens and civic organizations to acquaint
themselves with the challenges confronted in the daily provision of public works
services in our community and to recognize the daily contributions our Public
Works Department staff make to our health, safety and quality of life.
Signed this
5
of J 2009.
Office of the Mayor
Tukwila, Washington
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ayor of Tukwila
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CAS NUMBER 09-061
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MTG. DATE
05/18/09
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by Mayors review Council review
05/18/09 SO
Discussion Nlotion I 1 Resolution Ordinance 1 I Bid ward I Public Hearing [J Other
11Itg Date 05/18/09 Rltg Date illtg Date AItg Date
Council Mayor Adm Svcs DCD U Finance 11 Fire Legal 1 I P &R Police I I PIT%
ITEM INFORMATION
ORIGINA],AGIND,\D;\Ti MAY 18, 2009
;I:ND.\ Irl:NI Trr1.1: Confirm the Mayor's appointment to Community Policing Citizens' Advisory Board
CA &P Cmte
Arts Comm.
Appointment of Rashaun Johnson to Position #9 of the Community Policing Citizens'
Advisory Board. This is the High School Representative position. This position has a four
year term, which will expire upon Mr. Johnson's graduation from high school.
The Council is being asked to confirm this appointment.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Confirm appointment.
C( I vt1J I1 1?
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Parks Comm.
i Itg Date
Mtg Date
I Transportation Cmte
n Planning Comm.
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
RECORD OF COUNCIL ACTION
MTG. DATE 1 ATTACHMENTS
05/18/09 Informational Memorandum from Mayor dated April 16, 2009
Application for Appointment
TO: CITY COUNCIL
FROM: Mayor Haggerton
DATE: April 16, 2009
SUBJECT: APPOINTMENT TO COMMUNITY POLICE ADVISORY BOARD
ISSUE
There is currently a vacancy on the Community Police Advisory Board, Position #9 (High School
Representative). This position has been vacant since June of 2006.
DISCUSSION
INFORMATIONAL MEMORANDUM
I am pleased to forward to you the application of Rashaun Johnson. Mr. Johnson is a student at
Foster High School and is the student representative on the Tukwila International Blvd. Action
Committee. Mr. Johnson's term on the Advisory Board will expire with his graduation from high
school.
RECOMMENDATION
Forward to the May 18, 2009 Regular Meeting.
ATTACHMENTS
Application for Appointment
Jim Haggerton, Mayor
Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA
I wish to be considered for appointment to
Arts Commission
Equity and Diversity Commission
0 Service Commission
Community-Oriented Policing Citizens Advisory Board (COPCAB)
Name: /1_ ,iL, -Z:(,LLr. =•L -a %`(fl.; -fa Z.
Address: i s�
Phone, Day: 7 f) 7 1 "7 Night:
Pleas:, check all that apply to you within the Tukwila City limits:
Professional /community activities orgs.,clubs, service groups, etc.):
Hobbies /interests:
7
City of Tukwila
APPLICATION FOR APPOINTMIVT
Application for Appointment 6 /20/03
the following board or commission:
Lodging Tax Advisory Committee
Human Services Board
Library Advisory Board
School District Representative Business Owner/Manager
Available to attend meetings: I22 Evenings Daytime
Present employer /occupation (if retired, please indicate former occupation):
Occupational history/background:
Qualifications related to this position: .;;.r' l :'G/ r �L I"%/•'
If you have previously served on one of the above boards /commissions, please provide details:
Park Commission
Planning Commission
Sister City Committee
Other:
Date:
Zip Code:
Email:
Resident
High School Student
Phone: ,f J r!i 1
i
f -,ter 4- .�J: 7, c�
Describe why you are interested in servin on this board/commission/committee: ,.-4- -nT�?_ ,,..--c._.... j=
I l: --r I 12i-!�'i "'fir• .l ;(.9��i' t ;'✓f <i
Sign iture: =i. i t 'r Date:
Note: Upon submission, all information on this form becomes public record. For further clarification regarding this
application or more information regarding the boards or commissions, please call the Mayor's office at 206 -433 -1850.
CAS NUMBER 09-041
_\c;I:ND.\ ITEM TITLE Tukwila South Project
CAA I {GORY Discussion
ilt Date
SPONSOR'S
SUMMARY
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Fund Source:
Continents:
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ENPl,NDI'1'URI? RI?OUIRI?D
MTG. DATE
05/18/09
MTG. DATE
05/18/09
Meeting Date Prepared by
04/13/09 LV
05/18/09 LV
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COUNCIL AGENDA SYNOPSIS
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Initials
iviayor review Coaaci /review
Ault.'
ITEM INFORMATION
ORIGIN\], AGENDA DATE: APRIL 13, 2009
Resolution Ordinance Bid /lavard
Mtg Date Altg Date
iVlayor l 1 Adm Svcs 1 DCD n Finance 1 Fire 1 1 Le 1 1 P&R Police U P ly'
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Arts Comm.
AMOUNT BUDGETED
Mtg Date
Public Hearing Other
kk Date 05/18/09 Mtg Date
Public Hearings will be conducted on 5/18/09 and 5/26/09. After the public hearings and work
sessions, the Council will be asked to consider and authorize the Mayor to sign the Development
Agreement and approve land use actions and ordinances relative to the project.
n F &S Cmte
COST IMPACT FUND SOURCE
7 Transportation Cmte
RECORD OF COUNCIL ACTION
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DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office /Administration: recommend approval
COMMIYI1?1?
ATTACHMENTS
Informational Memorandum dated 5/18/09
Draft Ordinance, to include the Development Agreement and Exhibits
(Please bring your Tukwila South notebooks)
Parks Comm. Planning Comm.
ITEM No.
APPROPRIATION REQUIRED
TO:
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
City Council
FROM: Lisa Verner, Mayor's Office
DATE: May 18, 2009
SUBJECT: Tukwila South Project Development Agreement
ISSUE
Review and approval of the Development Agreement for the Tukwila South Project.
BACKGROUND
The Council has received the draft Development Agreement dated April 15, 2009 with the
Mayor's recommendation for approval. An introductory briefing for the Council was held on
April 13, 2009 to include distribution of a notebook with Tukwila South Project documentation.
Council work sessions have been conducted to review various aspects of the Development
Agreement. The first work session was held on April 22, 2009 and addressed the risk and
financial aspects of the Development Agreement. The second work session was conducted on
May 5, 2009 and addressed the infrastructure issues. The third work session was held
May 12, 2009 and covered the parks and open space and development process issues.
Additional work sessions are scheduled for May 19 and May 20, 2009 to finish review of the
Development Agreement and to complete discussion on fiscal impacts and risk assessment.
DISCUSSION
RCW 36.70B.170 through .210 authorizes cities to adopt development agreements and requires
a public hearing prior to adoption. The public hearing on the Tukwila South Project
Development Agreement is set for May 18, 2009. This will be the Council's opportunity to hear
from members of the public regarding the proposed Development Agreement. While the public
hearing will be conducted on May 18, discussion by the Council on the Development Agreement
has been scheduled for the May 26, 2009 Council meeting.
At the May 26, 2009 meeting, another public hearing will be conducted to receive comments on
the Tukwila South development regulations. These regulations are necessary if the
Development Agreement is approved. Additionally, by the May 26 Council meeting, the work
sessions on all aspects of the Development Agreement will be concluded. A discussion on both
the Development Agreement and regulations, after all public comments have been taken and
the work sessions have concluded, will allow a comprehensive review of the Tukwila South
proposal.
RECOMMENDATION
The public hearing will be conducted at the May 18, 2009 Council Meeting on the Development
Agreement and the ordinance authorizing the Mayor to sign the agreement. The Council is
being asked to conduct deliberations on this issue after the public hearing on development
regulations at the May 26, 2009 Committee of the Whole meeting. No action is required by the
Council at the May 18, 2009 Regular Meeting except to hear public comments.
ATTACHMENTS
Draft Ordinance, to include the Development Agreement and Exhibits
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
DRAFT
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:
Attachment Exhibit A Development Agreement
W:\ Word Processing \Ordinances \Tukwila South Development Agreement.doc
LV-ksn 05/14/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 1 of 1
EXH B A
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, La Pianta owns or controls approximately 503 acres of real property known
as the "Tukwila South Property" generally located between the boundaries of S. 178 St. /S 180
Street on the north; S. 204 Street on the south; Orillia Road and Interstate -5 on the west; and the
Green River on the east. The site is shown on the vicinity map attached hereto as Exhibit 1 and
as legally described in Exhibit 2, attached hereto. 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
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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:
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.
II. AGREEMENT
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.
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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 498 contiguous acres and provides the vision and framework for the
creation of a "campus -type environment" focused on office and research facilities for emerging
technology industries, along with a mix of supporting retail, residential, commercial and flex
tech and hotel uses. The Master Plan is attached as Exhibit 4 to this Agreement and incorporated
by this reference. The first phase of the Master Plan implementation will involve grading the
entire site and installation of street and utility infrastructure. The approved Master Plan will
remain in effect for the term of this Agreement. The Master Plan may not be amended or
superseded without the consent of both parties. 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.
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.
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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 permitted uses) that
does not generate more than 10,166 Net New Trips (as defined below) from onsite development
and is limited to 10.3 million square feet of new building floor area "Allowable Development
For the purposes of determining Allowable Development, new "building floor area" shall include
new floor area generating vehicle trips, but shall not include floor area that does not generate
vehicle trips, such as parking areas and mechanical space.
3.2 Site Clearing. Grading and Coverage. Subject to the limitations of Section 3.5
below, (i) up to 100% of the Development Area, outside of sensitive area or shoreline buffers,
may be cleared and graded, and (ii) in the Development Area, up to 85% of the developable area
served by each stormwater facility may be covered with impervious surfaces.
3.3 Limit on Certain Uses. The following uses in the Tukwila South Project will be
subject to the restrictions set forth in this Section 3.3:
(a) Movie theaters with three (3) or fewer screens shall be a permitted use. Movie
theaters with more than three (3) screens shall be treated as conditional uses.
(b) Regional malls shall be a prohibited use. For purposes of this Agreement,
"Regional Mall" shall mean an independent, retail complex of at least 500,000
square feet of building floor area (as that term is defined in Section 3.1 above)
containing privately -owned indoor and outdoor walkways for shoppers traveling
to and from multiple retail uses. The square footage limitation under this
definition shall be applied on a project -by- project basis, and shall not be applied
to the Tukwila South Property as a whole.
(c) No warehouse uses will be allowed in the Tukwila South Project beyond what is
in existence at the time of execution of this Agreement, and redevelopment of
existing warehouses to warehouse use will not be permitted. Notwithstanding the
foregoing, with respect to existing warehouse uses and buildings, La Pianta shall
be entitled to undertake normal maintenance and repair, reconstruction in the
event of casualty and condemnation, modifications necessary to meet current code
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requirements, and for each building, a one -time "minor expansion" (not exceeding
5% of building floor area). The City shall require conditional use 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 in Exhibit 6. These
parcels were included within the 498 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.
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. Upon completion of the clearing and grading, subject to the Clearing
and Grading Permit, and the Levee Modification, as defined herein, La Pianta will prepare for
review by the City a Letter of Map Revision (LOMR). The City shall forward the LOMR to
FEMA for review and when the LOMR is approved by FEMA, future building applications will
not be subject to the Floodplain Regulations.
4. Parties Obligations Under this Agreement.
This Agreement establishes certain roles and responsibilities for the development of the
Tukwila South Project, including but not limited to City commitments for partial funding and
construction of certain public infrastructure improvements benefiting the Tukwila South Project,
as well as the community at large, and La Pianta commitments to participate in the funding of
certain public improvements, to fund all private aspects of the development and to develop the
Tukwila South Property consistent with all applicable land use policies and regulations.
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
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La Pianta. Should the annexation fail to occur by December 31, 2009 (the "Outside Annexation
Date this Agreement will terminate and all obligations herein will be extinguished. The
Outside Annexation Date shall automatically be extended for the period of any review of the
annexation by the Boundary Review Board, if jurisdiction is taken, and/or the courts. For
purposes of this Agreement, the "effective date of the annexation" hereunder shall be the date on
which the ordinance of annexation of the Tukwila South Property adopted by the City Council is
effective, final and unappealable.
4.2 Levee Modification and 404 Permit Approval. The City has submitted to the U.S.
Army Corps of Engineers, Seattle District "ACOE an application for modification of the levee
system in the Tukwila South Property which will, among other things, permit the removal of the
existing cross -levee structure at South 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 Permit The parties will take all reasonable steps
necessary to secure from the ACOE the issuance of the Levee Modification and the 404 Permit
in a timely manner. If either the Levee Modification or the 404 Permit has not been issued by
the Corps, and all appeal periods having passed with no appeals filed, by 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. If this Agreement does not terminate upon the Outside Approval Date
as provided in this Section 4.2, then the Escrow Agent (hereinafter defined) shall be instructed to
release, deliver or record, as appropriate, all sums and documents held in escrow.
The City shall incur no costs for the maintenance of the new levee constructed as a result
of the Levee Modification. Failure of La Pianta to secure maintenance for the levee prior to
issuance of the Clearing and Grading Permit, shall result in denial of said peiinit.
4.3 Southcenter Parkway Project.
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
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
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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. The statutory warranty
deeds (free of all encumbrances and easements unacceptable to the City) for this land shall be
delivered to the Escrow no later than 5 days after the effective date of the annexation specified in
Section 4.1. If the deeds 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. Plannine and DesiLin Work. La Pianta has provided the following
planning and design services in connection with the Southcenter Parkway Project:
(i) Geotechnical reports and information;
(ii) Survey, topographical maps;
(iii) As -built survey of utilities;
(iv) Legal description of final right -of -way;
(v) Plans and designs for wetland and stream mitigation, including plans for
land, cost of restoration, permitting, on -going maintenance and
monitoring;
(vi) 30% design work; and
(vii) Plans and designs for temporary stormwater detention and treatment for
Southcenter Parkway Project during construction, and permanent
stormwater 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 Hi2hline/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
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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) and any contractor undertaking the PSE Work. La Pianta
shall indemnify and defend the City against delay claims made by the City's contractor for the
SCP Project because of the PSE Work. La Pianta shall pay (i) PSE directly for La Pianta's share
of the cost of the PSE Work in accordance with PSE Tariff Schedule 85, and (ii) the City directly
for the City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74. La
Pianta's obligation under this Section 4.3.4.2 shall be secured by an irrevocable standby letter of
credit in the amount of 110% of the City's estimated share of the PSE Work, naming the City as
beneficiary as provided in Section 4.8.4. In the event that La Pianta fails to pay the amount due
under this Section 4.3.4.2 within thirty (30) days of demand by the City, the City may draw upon
the letter of credit as provided in Section 4.8.4.
4.3.5 Southcenter Parkway Storm Drainage. La Pianta shall provide, at no cost
to the City, sufficient capacity for all drainage from the Southcenter Parkway Project within the
regional storm drainage facilities more particularly described in Section 5.4 to be constructed by
La Pianta as part of the permanent stormwater drainage facilities for the Tukwila South Project.
La Pianta shall provide easements granting the City the right to discharge stormwater from
Southcenter Parkway and South 200 Street to La Pianta's regional stormwater facilities. La
Pianta covenants that the regional stormwater facilities will be sized to accommodate stormwater
run -off from the Tukwila South Project, including Southcenter Parkway, South 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.
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4.3.5.1 South Facility. Easements and stormwater facilities for the South
Facility may, at the discretion of La Pianta, be temporary, provided however, that except as
provided in Section 4.3.5.3 below, La Pianta shall: (i) provide permanent, no -cost easement and
stormwater facilities in the South Facility prior to the issuance of the first construction permit for
a new building development in the Tukwila South Project; and (ii) ensure that the South Facility
will be operational and ready for use prior to the completion of the Southcenter Parkway Project.
4.3.5.2 North Facility. At La Pianta's option, stormwater to be treated in
the North Facility may be piped to the South Facility for treatment and discharge on an interim
basis. The development of the North Facility shall occur prior to the date on which the capacity
of the South Facility is fully utilized.
4.3.5.3 WSDOT/FHWA Approval. Immediately upon execution of this
Agreement, the City shall amend its submissions to WSDOT/FHWA to describe the storm
drainage plan for the Southcenter Parkway Project that is more particularly set forth in Section
5.4, and shall request approval for such change. La Pianta shall cooperate in good faith to
provide all necessary documentation reasonably necessary to secure WSDOT's approval of such
stormwater plan for Southcenter Parkway. In the event that the stormwater plan for Southcenter
Parkway described in Section 5.4 is not approved by WSDOT/FHWA, the City shall construct
the stormwater ponds described in its original proposal to WSDOT, for treating and detaining
stormwater runoff from Southcenter Parkway and South 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 stormwater ponds needed to accommodate the
stormwater 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.
4.3.6 Southcenter Parkway Bidding /Construction. Upon the issuance of the 404
Permit contemplated in Section 4.2, the City shall be responsible for the bidding and construction
of Southcenter Parkway "Southcenter Parkway Project The City shall request formal bids
from contractors for the construction of the Southcenter Parkway Project as soon as all necessary
approvals and permits have been received. This Agreement is premised on the assumption that
the project costs for the Southcenter Parkway Project (including the up to $300,000 allocated to
completion of the Final Design Plans under Section 4.3.1 above) will not exceed available
financing in the amount of $26,800,928 "Construction Cost Cap The total project cost of the
Southcenter Parkway Project "Total Project Cost shall be the lowest responsible bid received
by the City, and shall allow and include up to a 15% construction management allowance and a
15% project contingency allowance. For the purpose of determining whether the Total Project
Cost exceeds the Construction Cost Cap, the Total Project Cost shall not include the costs for the
Highline Work and PSE Work (which costs shall be paid by La Pianta and the utilities as
provided in Section 4.2.4), and shall not include the City's costs for its employees in connection
with or related to the management and/or supervision of the construction of the Southcenter
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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 noimally taken to reduce
costs for any City project.
If the Total Project Cost exceeds the Construction Cost Cap, the City shall have
no obligation to construct the Southcenter Parkway Project unless La Pianta gives written notice
as provided herein to the City that La Pianta shall pay such difference "Project Cost
Differential In such case, the City shall send written notice to La Pianta of the Project Cost
Differential, and La Pianta shall, within 15 days of receipt thereof, give the City written notice of
whether La Pianta elects to pay the Project Cost Differential. If La Pianta elects to pay the
Project Cost Differential, then La Pianta must provide the City cash security for such amount
"Cash Security also within the 15 days. Provided that La Pianta timely provides the City such
notice and Cash Security, the City shall promptly execute a construction contract for the
Southcenter Parkway Project. If La Pianta does not timely provide the City with the notice
and/or the cash security, the City shall reject all bids and this Agreement shall immediately
terminate without further action required by any party.
If La Pianta pays the Project Cost Differential, the City agrees to utilize the funds
within the Construction Cost Cap prior to utilizing the Cash Security. Should any Cash Security
remain after completion of the Southcenter Parkway Project, said remainder shall be refunded to
La Pianta within thirty (30) days after final acceptance of the Southcenter Parkway Project. In
the event of cost overruns in excess of the Total Project Cost (including Cash Security for the
Project Cost Differential), the City shall promptly notify La Pianta, and La Pianta shall provide
additional Cash Security equal to or greater than the amount of any overruns within ten (10) days
of invoice. Upon completion of the Southcenter Parkway Project, if state or federal auditors
identify any charges that fall outside the scope of work, excluding mutually agreeable change
orders and agreed to modifications to the scope of work, for the Southcenter Parkway Project, La
Pianta shall be entitled to a refund for those sums identified within thirty (30) days after
completion of said audit(s).
4.3.7 Southcenter Parkway Financing. The City shall use $18,530,345.00 in
state and federal grant money secured for the cost of design and construction of Southcenter
Parkway Project. The City shall also utilize limited tax general obligation debt "General
Obligation Bonds or other financing mechanisms to finance up to $8,250,000.00 dollars toward
the construction of the Southcenter Parkway Project. In the event that any state or federal grant
funds are withdrawn from the Southcenter Parkway Project prior to the Outside Approval Date
(as defined in Section 4.2), the parties will use best efforts to seek replacement grant funds
"Replacement Funds If the parties are unable to secure commitments for such Replacement
Funds by December 31, 2010, then this Agreement will immediately terminate, all obligations
hereunder will be extinguished, and the Escrow shall be terminated.
In the event that any additional state or federal grant funds, debt or credit
enhancements, including but not limited to interest rate reductions, tax credits or
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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 Fraser 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 permits, provided that La Pianta maintains the roadway
during that period of time and La Pianta's use does not unreasonably interfere with use for local
traffic. La Pianta shall ensure that local traffic may access their properties from the north access
point to Tukwila South. The City acknowledges that a certain portion of Frager Road and the
existing stormwater pond near South 200 Street shall be permanently closed and removed upon
issuance of a grading permit to La Pianta for the purpose of constructing the Green River off
channel habitat mitigation area. Provided that WSDOT approval for stormwater plan is granted
pursuant to Section 4.3.5.3, the City shall permit La Pianta to use said portions of the right of
way and existing detention pond for such purpose prior to conveying ownership of such parcels
to La Pianta pursuant to Sections 4.10 and 4.11, provided however, La Pianta shall indemnify
and hold the City harmless for any claims or damages because of or arising out of La Pianta's
use or possession of this land, except to the extent caused by the negligence of the City, its
employees or agents. Before commencing the construction of the Green River Off Channel
Habitat, La Pianta shall provide temporary detention of stormwater 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 term of this Agreement, a capacity analysis
of the system shows that any of the Sewer Lift Station #2, the Force Sewer Main, or any other
facility within the City's sanitary sewer system necessary to provide service to the Tukwila
South Property (each a "Facility is at 80% or more of its capacity, then the City shall promptly
initiate its standard process of planning, financing and construction for improvement to the
Facility (or more than one) necessary to provide adequate sanitary sewer service to accommodate
the Allowable Development. The City will finance the construction of the Facility through
bonds or any other source of City capital funding and/or through connection fees, sewer rates or
other charges to be paid by all the benefited ratepayers. If the City elects to form a Utility Local
Improvement District "ULID or other special district to pay for the Facility, La Pianta shall
execute a No Protest ULID Agreement for the formation of an ULID to provide improvements to
the sanitary sewer system as outlined herein. The No Protest agreement shall be in a form
acceptable to the City. La Pianta shall be responsible for paying citywide sewer system
connection charges and fees at the time of each building permit application, subject to the terms
of any applicable No Protest Agreement as described herein and La Pianta's participation in any
ULID or special district assessment.
Construction of the 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 shall be credited to La Pianta as 0
&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 a 14 -foot wide 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 permit the public to use the easement area until the later of: (i)
three (3) years after the conveyance of the easement, or (ii) completion of initial site grading and
the Green River off channel habitat area, but not later than four (4) years after the conveyance of
the easement. The easement shall be delivered into the Escrow. The bike /pedestrian trail shall
be located along the Green River within the 14 -foot crown of the levee. When the new levee is
constructed, as contemplated by this Agreement, the easements will be revised to follow the
crown of the new levee configuration. La Pianta waives any credit for this donation against any
future park impact fee assessed against the Project and waives all claims for just compensation
pursuant to RCW 8.12 and State and Federal Constitutions. La Pianta shall not be responsible
for costs of construction or maintenance of any improvements within the trail easement.
La Pianta will develop and submit to the City for approval a plan for trails and
bike /pedestrian connections within the Tukwila South Property. The Plan will identify the
general goals and objectives of a system of pedestrian connections for the Tukwila South
Property and will identify possible locations for up to 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 permitting obligations shall be the responsibility of the City. Within thirty (30) days of
the date the City notifies La Pianta that the City will make application for a grant or grants for
any portion of the cost of construction of the Bridge, La Pianta shall provide to the City a letter
of credit in the amount of $500,000 pursuant to Section 4.8.4.3 of this Agreement. The letter of
credit shall have a term of one (1) year (or less than one year in the initial year, as set forth in
Section 4.8.4.4) and shall be renewed until the $500,000 payment is made to the City. In the
event that La Pianta fails to pay $500,000 to the City within thirty (30) days of the date the City
notifies La Pianta that any grant(s) have been awarded to the City, which grants, together with
other funds available to the City, will underwrite the full cost of construction of the Bridge, the
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City may draw upon the letter of credit as provided in Section 4.8.4. The City will use best
efforts to obtain full funding to provide the additional funding necessary to complete
construction of the Bridge project. If the City is unable to obtain grant funding for construction
of the Bridge within five (5) years of the date of this Agreement, then La Pianta shall pay
$500,000 in cash to the City within thirty (30) days after such date, or the City may thereafter
draw upon the letter of credit as provided in Section 4.8.4. If the City is unable to secure
adequate funding for the Bridge, the City may utilize the $500,000.00 for general park facilities
within the Tukwila South area. La Pianta waives credit for this donation against any future park
impact fee assessed for the Tukwila South Project and waives any claim for just compensation
pursuant to RCW 8.12 and the State and Federal Constitutions. The City and La Pianta
acknowledge that construction of the Bridge will occur after December 31, 2012 when
significant development has occurred within the Tukwila South Project. Prior to commencement
of construction of the Bridge project, La Pianta shall grant to the City an easement in
commercially reasonable form on a portion of the Tukwila South Property for the purpose of
installing and maintaining bridge supports and touchdowns (the "Bridge Easement The area
of the Bridge Easement shall not exceed 3,000 square feet and shall be located subject to mutual
agreement of the parties, provided such location shall be within the river buffer of the City's
Shoreline Master Program. If the City has obtained funding and is commencing construction of
the bridge, La Pianta shall grant the Bridge Easement within thirty (30) days of the City's
request.
4.5.3 Donation of Levee Easements. La Pianta will grant permanent easements,
at no cost to the City, on property under its ownership, to the City of Tukwila for improvements
to the City's levee system on the west side of the Green River. The easements will be sized to
accommodate (i) an overall slope gradient of 2.5:1 on the river side of the levee from S. 196
Street to S. 204 Street; (ii) a slope gradient of 2:1 on the landward side of the levee from S.
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 $0.50 per square foot for commercial /industrial
development and $500.00 per dwelling unit for residential development. If the City adopts a fire
impact fee pursuant to RCW 82.02 or other enabling legislation, those impact fees will apply to
the Tukwila South Project, replacing the fee set forth above, and will be assessed at the time of
building pecniit issuance. In either case, La Pianta will not be assessed an impact fee for new
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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
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 permit issuance.
4.8 City Revenues and Costs: La Pianta Financial Guarantees.
4.8.1 Operations and Maintenance Services. Pursuant to the protocols set forth
in Section 4.8.3, the City will track the following revenue generated from the Tukwila South
Property (including all use and development thereon): sales tax, real estate excise taxes, utility
taxes, franchise fees, business license revenues, commercial parking taxes, hotel /motel tax,
admission tax, where those taxes and/or fees are paid by the owners of property or businesses
developed as part of the Tukwila South Project (collectively, the "O &M Revenue provided,
however, that if the Washington State Department of Revenue begins to report liquor excise
taxes, motor vehicle excise taxes and/or fire insurance premium taxes in such a way that they can
be identified as having been generated from the Tukwila South Property, then each of those taxes
that is so reported shall be included in O &M Revenue. The O &M Revenue will not include any
increase in property tax revenue from the Tukwila South Property, or any revenue from any
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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.
$12,000,000.
La Pianta's total obligation under this section 4.8.1 shall be limited to
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
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debt service for the General Obligation Bonds in that year, the City is not prohibited from using
the excess funds for general City purposes.
For example, if the City issues General Obligation Bonds totaling $7,000,000, the
City will be responsible for the first six sevenths of the debt service ($6,000,000 divided by
$7,000,000) in each year, whether or not the Increased Property Tax Revenues are sufficient to
fully provide for that portion of the debt service. If there is no Debt Service Shortfall in a given
year, the City will be responsible for all of the debt service in that year. If, in this example,
however, there is a Debt Service Shortfall in a year, then for that year La Pianta will be
responsible for the Debt Service Shortfall up to one seventh of the debt service on those General
Obligation Bonds and must make a shortfall payment to the City in that amount. In no event will
the City issue more than $8.25 million of General Obligation Bonds.
If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it
shall nonetheless pay to the City any amount shown to be due by the Annual Statement within
thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual
Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant
to this Section 4.8.2, or La Pianta shall make any additional payment due, in either case within
thirty (30) days of the Accountant's decision.
4.8.3 Proiect Revenue /Citv Expenditures Protocols. Within thirty (30) days of
execution of this Agreement, the parties will meet and confer regarding the development of
accounting protocols for tracking Project revenue and City expenditures related to the Tukwila
South Project, as required under this Section 4.8. Within thirty (30) days of said meeting, the
parties shall retain the services of a mutually agreeable certified public accountant with expertise
in municipal accounting (the "Accountant With the assistance of the parties, the Accountant
will develop protocols for tracking revenue and expenditures consistent with the terms of this
Section 4.8. The protocols will be developed and will be reduced to writing in the form of a
memorandum of understanding signed by both parties within one hundred eighty (180) days of
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 date of this Agreement, this Agreement shall terminate.
On or before March 31, 2010 and each March 31 thereafter, the City shall prepare
a statement "Annual Statement showing the O &M Revenue, O &M Expenses, O &M
Guarantee, the Increased Property Tax Revenues, the annual debt service for the General
Obligation Bonds, any Debt Service Shortfall, and the portion of any Debt Service Shortfall
which La Pianta has guaranteed under the terms of this Agreement, consistent with the protocols
set forth in the memorandum of understanding. If La Pianta questions the City's determination
of any of the items set forth in the Annual Statement for the prior calendar year, La Pianta may
request an audit of the disputed matter from the Accountant who developed the protocols, or his
or her designee. Within thirty (30) days of La Pianta's request, the Accountant shall review the
Annual Statement and La Pianta's dispute therewith, and render a decision based on generally
accepted governmental accounting practices, the protocols, and the terms of this Agreement.
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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 detellniination of revenue or
expenditures, the City shall pay the cost of the audit. If the variance is less than 10 La Pianta
shall pay the cost of the audit.
4.8.4 Security for La Pianta's Financial Guarantees.
4.8.4.1 O &M Guarantee.
4.8.4.1.1 O &M Collateral.
La Pianta's obligation under Section 4.8.1 (not to exceed $12,000,000) shall be
secured during the Term of this Agreement by collateral comprised of: (i) an irrevocable standby
letter of credit naming the City as beneficiary "O &M LC and (ii) a first -lien deed of trust on
Building No. 931 located in Segale Business Park, which is currently occupied by Qwest
Communications Corporation "O &M Deed of Trust If La Pianta fails to pay timely any
amount due under Section 4.8.1, the City may draw upon the O &M LC and/or foreclose on the
O &M Deed of Trust as provided in this Section 4.8.4.
4.8.4.1.2 O &M LC.
(a) The O &M LC shall be in the form, and meet
the requirements, set forth in Section 4.8.4.4 below. The O &M LC shall be in the sum of
$6,000,000 and shall be delivered to the Escrow Agent following Boundary Review Board action
on the annexation described in Section 4.1 but no later than 10 days before the date on which the
City Council is scheduled to take final action on the annexation at a public meeting. To the
extent La Pianta makes any payments to the City under the O &M Guarantee, then the amount of
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
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obligation represented by the amount of the O &M LC, draw on the O &M LC, and deposit the
amount drawn "O &M Deposit into an escrow account with the Escrow Agent described in
Section 4.8.4.6 (the "Escrow Agent except that in the case of a failure to provide a
replacement of the O &M LC no later than 15 days prior to its stated expiration, no notice and
opportunity to cure shall be required prior to a City draw on the O &M LC. The City may
subsequently draw upon the O &M Deposit if La Pianta shall default on its obligations under the
O &M Guarantee. If the City shall draw on the O &M Deposit at any time during the Term of this
Agreement, La Pianta shall, within 30 days of notice by the City, restore the O &M Deposit to the
amount required at the time the O &M Deposit was established. Upon expiration of the Term,
any remaining funds held in the escrow account, including any remaining accrued interest, shall
be released to La Pianta. La Pianta's obligation to provide the O &M LC, and the City's remedy
for failure to provide the O &M LC, shall not be subject to the Dispute Resolution Process set
forth in Section 7 of this Agreement.
4.8.4.1.3 O &M Deed of Trust.
(a) The remaining $6,000,000 of La Pianta's
total potential liability under the O &M Guarantee shall be secured by the O &M Deed of Trust.
The O &M Deed of Trust shall be in the form attached to this Agreement as Exhibit 8 and shall
be delivered to the City at the same time that the O &M LC is delivered to the Escrow Agent. La
Pianta shall have the right, to substitute as security from time to time one or more deeds of trust
in the same or similar form on other real estate acceptable to the City in the exercise of
reasonable discretion, so long as the unencumbered value of the substituted collateral is equal to
or greater than $9,000,000 as shown by a current appraisal performed by a neutral appraiser
having no less than 10 years' experience appraising commercial property in the area in which the
real estate is located, with appraisal cost shared equally between the parties. Any permitted
substitute deed of trust given under this Section 4.8 shall be delivered to the City in an escrow
arrangement (the cost of which shall be paid by La Pianta) that provides for delivery and
recording of the substitute deed of trust simultaneously with release of the original deed of trust.
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.
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4.8.4.2 Southcenter Parkway Proiect General Obligation Bonds Guarantee.
La Pianta's obligation pursuant to Section 4.8.2 of this Agreement to
guarantee a portion of the General Obligation Bonds (the "Bond Guarantee shall be secured
during the Term of this Agreement by a separate irrevocable standby letter of credit naming the
City as beneficiary "SCPW LC The amount of the SCPW LC shall be determined annually
as of January 1 of each calendar year during the Term of this Agreement, and shall initially be in
the amount of $185,000, and, upon issuance of the General Obligation Bonds, shall be adjusted
to an amount equal to twice the average annual debt service on the Bonds for that portion of the
General Obligation Bonds that exceeds $6,000,000. The SCPW LC shall be delivered to the
Escrow Agent before the date on which the City awards the contract for construction of the
Southcenter Parkway Project. If La Pianta fails to pay timely any amount due under Section
4.8.2, the City may draw upon the letter of credit as provided in this Section 4.8.4.
Failure of La Pianta to provide and maintain the SCPW LC at the time and
in the amount required by this Section 4.8.4.2, where such failure continues after written notice
from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle
the City to accelerate that portion of the Bond Guarantee that is represented by the amount of the
SCPW LC, draw on the SCPW LC, and deposit the amount drawn "SCPW Deposit into an
escrow account with the Escrow Agent, except that in the case of a failure to provide a
replacement of the SCPW LC no later than 15 days prior to its stated expiration, no notice and
opportunity to cure shall be required prior to a City draw on the SCPW LC. The City may
subsequently draw upon the SCPW Deposit if La Pianta shall default on its obligation under the
Bond Guarantee. If the City shall draw on the SCPW Deposit at any time during the Term of
this Agreement, La Pianta shall, within 30 days of notice by the City, restore the SCPW Deposit
to the amount required at the time the SCPW Deposit was established. Upon expiration of the
Term, any remaining funds held in the escrow account, including any remaining accrued interest,
shall be released to La Pianta. La Pianta's obligation to provide the SCPW LC, and the City's
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
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delivered to the Escrow Agent at the same time that the SCPW LC is delivered. The Bridge LC
shall be delivered to the Escrow Agent no later than thirty (30) days after the date the City
notifies La Pianta that the City will make application for a grant or grants for any cost of
constructing a pedestrian bridge across the Green River to connect Tukwila South to Briscoe
Park. Only upon La Pianta paying the amount due in fulfillment of an obligation secured by one
of the foregoing letters of credit, the City shall release the letter of credit for that obligation, and
La Pianta's obligation to provide that letter of credit shall terminate.
Failure of La Pianta to provide and maintain any letter of credit at the time
and in the amount required by this Section 4.8.4.3, where such failure continues after written
notice from the City specifying the nature of the default and 30 days' opportunity to cure, shall
constitute a default with respect to the obligation secured by that letter of credit "Secured
Obligation in Default except that in the case of a failure to provide a replacement letter of
credit no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall
be required prior to a City draw on the letter. of credit for which no replacement has been
delivered. The default shall entitle the City to draw on the letter of credit securing the Secured
Obligation in Default, and deposit the amount drawn into an escrow account with the Escrow
Agent. The City may subsequently draw upon that deposit if La Pianta shall default in the
obligation so secured. Upon expiration of the Term or fulfillment of the obligation so secured
(whichever shall first occur), any remaining funds held in the escrow account, including any
remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide any
letter of credit under this Section 4.8.4.3, and the City's remedy for failure to provide a letter of
credit under this Section 4.8.4.3, shall not be subject to the Dispute Resolution Process set forth
in Section 7 of this Agreement.
4.8.4.4 General Terms and Conditions for the Letters of Credit.
Each letter of credit provided under this Section 4.8.4 (including the O &M
LC, the SCPW LC and each letter of credit provided pursuant to Section 4.8.4.3) shall be in form
substantially similar to Exhibit 9. Each letter of credit shall be issued by Bank of America or, at
La Pianta's option, another financial institution having a branch in the State of Washington that
is reasonably acceptable to the City; provided, however, that the City shall not withhold its
consent to any institution having a long term debt rating of at least A from Standard and Poor's
Corporation, or at least Aa3 from Moody's Investors Service. Each letter of credit shall have at
least a one -year term (except that any initial letter of credit may have a shorter term so that when
all letters of credit have been issued they will expire simultaneously), and La Pianta shall provide
the City with a replacement letter of credit 15 days prior to the expiration of the respective letter
of credit, or within 90 days after the downgrade of an existing letter of credit below the long term
debt rating set forth above. Each letter of credit shall provide that it will be honored by
presentation or at sight at an office of the issuer upon presentation of a certificate signed by the
City stating that (i) La Pianta has defaulted on an obligation under this Agreement that is secured
by the letter of credit and (ii) the City is entitled to draw on the letter of credit. If any letter of
credit is drawn by the City because of La Pianta's failure to provided a replacement letter of
credit 15 days prior to the expiration of the existing letter of credit, or within 90 days after the
downgrade of an existing letter of credit below the long term debt rating set forth above (each
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draw resulting in a "Deposit" pursuant to the terms of this Section 4.8), then within five (5) after
delivery to the Escrow Agent of a replacement letter of credit that complies with the
requirements of this Section 4.8, the resulting Deposit shall be refunded to La Pianta except to
the extent (if any) that the City shall have drawn upon the Deposit pursuant to the terms of this
Agreement.
4.8.4.5 Specific Remedy under Section 4.8.4.
The City shall have the right to specific performance of La Pianta's
obligations under this Section 4.8.4.
4.8.4.6 Escrow and Escrow Agent.
An escrow shall be established as set forth herein (the "Escrow The
Escrow Agent initially shall be The Bank of New York Mellon Trust, N.A. The Escrow Agent
shall hold funds as provided in Section 4.8.4.1.2 and in this Section 4.8.4.6, and various deeds
and easements as provided in this Agreement, pursuant to a written escrow agreement among the
Escrow Agent, La Pianta and the City to be agreed by the parties within one hundred twenty
(120) days after full execution of this Agreement. The Escrow Agent selected by the parties may
be replaced by another financial institution with trust powers that has a branch in Seattle,
Washington, selected by the City and approved by La Pianta (which approval shall not be
unreasonably withheld). The Escrow Agent shall hold each of the letters of credit on behalf of
the City and shall receive deposits of amounts and deliveries of documents as set forth in this
Agreement. Upon the direction of the City, the Escrow Agent shall present and make draws on
the letters of credit described in Section 4.8.4.1.1, Section 4.8.4.2 and Section 4.8.4.3. The
Escrow Agreement shall also provide that the Escrow Agent shall, with or without direction from
the City, draw the full amount of any letter of credit that is not replaced or extended on or before
the date that is 15 days prior to the expiry date of that letter of credit. Upon any such
withdrawal, the Escrow Agent will hold the amount drawn as an O &M Deposit, an SCPW
Deposit or a deposit made pursuant to Section 4.8.4.3 and apply such amounts on deposit
consistent with this Agreement. If this Agreement is not terminated following the Outside
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 review La Pianta's grading permit
application for the Tukwila South Project within 30 days of determining that such application is
complete. La Pianta shall segregate the 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.
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4.10 South 178 Street Project. 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 Frager Road/Southcenter Parkway. Pursuant to RCW 35.79.010, the
City has by resolution initiated a vacation of that portion of Frager Road /Southcenter Parkway
described in Exhibit 7, attached hereto. 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.
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 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 Certain Pronerties. The City hereby determines that there is no
remaining public use or benefit to the following properties and shall transfer to La Pianta, free
and clear of all encumbrances and for no additional consideration, in their as -is, where -is
condition, the following properties: (i) the "City Detention Pond" and (ii) the "City Triangular
Parcel," each of which are more particularly described in Exhibit 6 of this Agreement. Subject to
the terms set forth in Section 4.2.5, the City shall convey the City Detention Pond within thirty
(30) days of the completion of the annexation, and the Triangular Parcel within thirty (30) days
of the completion of the Southcenter Parkway Project. The City shall undertake all necessary
actions required to declare said parcels surplus, and convey the parcels to La Pianta in the
manner required by law.
5. Development Under This Agreement.
The Tukwila South Project will be developed under the jurisdiction of the City pursuant
to the terms and conditions of this Agreement. This Agreement sets forth the development
standards, mitigation measures, and other conditions of development for the Project. Proper
operation and maintenance of surface water management systems, adequate sewer service
capacity, adequate public safety facilities and services, and adequate transportation facilities will
be fully satisfied through La Pianta's compliance with the requirements of this Agreement.
Provided La Pianta satisfies its obligations under this Agreement as such obligations may arise,
the City shall provide on a timely basis the necessary City public infrastructure specified in this
Agreement needed to support build -out of the Project, subject to the condition of securing the
necessary funds to construct such improvements and City Council approval for such
improvements.
5.1 Native Growth Protection Areas (NGPA). No development shall be peiinitted 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
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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, vegetation reasonably adjacent to
developed areas of the Tukwila South Property, (2) to 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) to
maintain mitigation areas; or (5) permit the work expressly described in this Section 5.1. For the
purposes of this Agreement, the NGPAs on the Tukwila South Property are identified in Exhibit
3 attached hereto.
5.2 Vesting of Development Regulations. The proposed development as described in
this Agreement shall vest to the following development regulations in effect on the date of
execution of this Agreement (the "Development Regulations for the Term of this Agreement:
The Tukwila Comprehensive Plan (Ord No. 2070 adopted November 22, 2004);
the Tukwila Zoning Ordinance (Title 18, TMC); the Tukwila Subdivision Ordinance
(Title 17, TMC; Shoreline Master Program designations and pre- designations,
transportation concurrency regulations; stormwater, surface water treatment and quality,
and surface water retention and detention design standards and ordinances (including the
requirement of the NPDES permit effective February 2007); SEPA regulations and
substantive SEPA policies.
Development of the Property shall not be subject, during the Term of this Agreement, to
any amendments to, or replacements of, the Development Regulations listed above. These are
rights vested under state law for purposes of RCW 36.70A.300 (3)(a). In accordance with
Section 3.5 above, La Pianta will comply with the provisions of the SMP and the Floodplain
Regulations in effect on the date of each complete development permit application.
5.2.1 Police Power/Pre emotion. Nothing herein relieves La Pianta of any
obligations it may have during the Term to comply with state or federal laws or regulations of
any kind, including but not limited to those related to storm, surface water and floodplain
management. The proposed development shall not be vested against the application of
development standards that are imposed by virtue of state or federal pre emption of the City's
regulatory authority. As provided by RCW 36.70B.170(4), the proposed development shall not
vest against new development regulations to the extent the new regulations are required by a
serious threat to public health and safety.
5.2.2 International Codes. The International Building Code, International Fire
Code, and other construction codes in effect in the State of Washington as of the date of the
filing of a complete application for a building permit shall apply to all new development and the
redevelopment or modification of existing development.
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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 the FEMA National Flood
Insurance Program regulations that are in effect at the date of any building, grading or clearing
permit application.
5.2.5 Optional Regulations. During the Term of this Agreement, La Pianta may
at its option develop the Property or portions thereof in accordance with new code provisions or
generally applicable standards for that subject adopted after the date of execution of this
Agreement, without the obligation to bring other portions of the Property into conformance with
newly- adopted codes or regulations.
5.3 Transportation.
5.3.1 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
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 Ceilinw 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 PM Peak Hour Trips from
new development, comprising not more than 2,646 Net New Trips inbound to the Project and not
more than 7,520 Net New Trips outbound from the Project. The methodology for determining
Net New Trips for any phase of the Tukwila South Project (including assumed values for trip
generation and percentages for trip reductions) shall be as set forth in the Transportation Impact
Study incorporated in the Tukwila South EIS for the Tukwila South Project. Trip counts shall be
estimated at the perimeter of the Project site; trips internal to the Project shall not count against
the Trip Ceiling. Transportation impact fees shall apply only to the Net New Trips allocated to
the proposed new development. Subject to the provisions of this Agreement, these 10,166 Net
New Trips shall be reserved by the City for use by La Pianta hereunder for the Term of this
Agreement. If La Pianta is in compliance with the requirements of this Section, La Pianta will
only be required to produce a trip generation study for each development project in order to
identify the associated Net New Trips for that project.
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(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 peak -hour trips exit the
Project area (the "Orillia Road Completion Date After the Orillia Road Completion Date, no
Net New Trips from the remainder of the Trip Ceiling may be used by La Pianta until this
improvement is completed and accepted by the City. La Pianta shall, at its own cost, obtain all
state, federal, and local permits and approvals required for the Orillia Road Connector. Subject
to applicable laws and ordinances and the terms and conditions of this Development Agreement,
the City agrees to cooperate with La Pianta in obtaining such permits and approvals. The Orillia
Road Connector will consist of four lanes. A diagram of the Orillia Road improvement is
attached hereto as Exhibit 10.
(b) If the Orillia Road Connection, required hereunder cannot be
constructed within the time frame set out herein for reasons outside the control of La Pianta, then
if La Pianta desires to continue with new development absent the construction of either of this
improvement, La Pianta may, as an alternative to construction of the Orillia Road Connector (i)
reduce or defer the amount of development proposed in the Project; (ii) implement
Transportation Demand Management (TDM) strategies and/or (iii) construct other transportation
system improvements "Alternative Mitigation The City shall approve such Alternative
Mitigation if, with such Alternative Mitigation in place, the Project passes a test under the City's
transportation concurrency requirements, applying the requirements of TMC 9.48 and the City's
traffic concurrency ordinance. Provided that under no circumstance can the cap of 10.3 million
square feet of new building floor area (as that term is defined in Section 3.1) be exceeded by
implementing TDM strategies or Alternative Mitigation measures.
5.3.3 Credit for Existing Trips. As described in the Tukwila South EIS, the
existing development on the Project site generates a total of 1,241 PM Peak Hour Vehicle Trips
(298 trips inbound and 943 trips outbound) "Existing Development Trips Existing
Development Trips shall not count against the Trip Ceiling, and are not subject to impact fees
hereunder. Existing Development Trips may be used as a credit against trip generation from new
development to the extent existing uses are permanently discontinued and/or existing structures
are removed "Credit Trips The existing development and Existing Development Trips are set
forth in Exhibit 11. La Pianta may allocate available Credit Trips to the proposed new individual
development, as development occurs.
5.3.4 No Additional Transportation Concurrencv or SEPA Review Required.
Since the City has determined compliance with the mitigation requirements identified in this
Agreement satisfies transportation concurrency and substantive SEPA requirements for the
Tukwila South Project, no additional SEPA review or transportation concurrency review shall be
required for development that is within the Trip Ceiling for the Term of this Agreement, except
additional SEPA review may occur as set forth in Section 6.2 below.
5.4 Stormwater Regulation.
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5.4.1 Description of Surface Water Control Facilities. The surface water control
facilities for the Project shall include:
5.4.1.1 Parcel storm drains. Parcel storm drains will provide collection
and conveyance of runoff from individual development parcels to a primary trunk storm drain
within Southcenter Parkway from S. 180 Street to S. 200` Street (the "Trunk Stoini 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 stormwater either to the Green
River or into the P -17 Drainage Basin. The South Basin will outflow into the Green River.
Emergency overflow of the South Basin will be discharged to Johnson Creek.
5.4.1.3 Water quality treatment and detention facilities. The stormwater
control system includes two major water quality treatment and runoff control facilities (one each
in the north and south portions of the site). Each facility shall be constructed as a combined
water quality /detention ponds and sized to meet the water quality treatment and runoff control
requirements for the area being served, including the Expansion Areas.
The South Facility shall provide at least Level 1 flow control as defined in
the 2005 King County SWDM. The North Facility shall control the peak flow magnitude of
runoff to at or below 75% of the designed pumping capacity of the S. Be 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 Stormwater Standards. This Section specifies the surface water
management standards applicable to the Tukwila South Project during the Term of the
Agreement, including the existing Segale Business Park and the proposed Expansion Areas.
5.4.2.1 Vested Design Standards for Surface Water Control Facilities.
City of Tukwila Development Guidelines and Design and Construction Standards (Second
Edition, Revision 1, 2005) and the 1998 King County SWDM provide the approved methods for
the analysis and design of the surface water management components for the Project during the
Term of this Agreement, except for the South Facility where conservation flow control is
required under the 2005 King County SWDM, and except for those modifications listed in Table
1 (the "Stormwater Standards Where not otherwise specified, design standards of the 1998
King County SWDM will apply. The Stormwater Standards supersede any other applicable
TMC, SWDM, and basin/water quality plan requirements during the Term of this Agreement.
26
The Stormwater Standards include the Code Modifications specified in Table 1. Furthermore,
some adjustments in the natural location of discharge (including minor inter- subbasin diversions
of runoff) will be permitted as a result of changes in development area drainage collection,
detention, treatment, and outfall locations. Other adjustments from the applicable SWDM,
design standards or other applicable surface water management regulations may be requested
during the site plan review process and evaluated in accordance with the criteria in TMC
18.41D.090. Nothing herein shall relieve La Pianta from any obligation to comply with
applicable state and federal stormwater regulations currently in effect or adopted in the future.
SWDM Manual
Section TMC
SWDM Core
Requirement #1
SWDM Core
Requirement #3
SWDM Core
Requirement #8
TMC 14.30
Storm Water
Management
SWDM Manual TMC
Reference Text
Discharge at the Natural
Location
`All surface and storm water
runoff from a proposed
project that proposes to
construct new, or modify
existing drainage facilities
must be discharged at the
natural location so as not to
be diverted onto, or away
from, the adjacent
downstream property..."
Flow Control
Level 1 flow control identified
for the Site area of Tukwila
South
Basic Water Quality Treatment
Design
Water quality design flow per
KCSWDM Sec. 6.2.1
TMC 14.30.070 Standards
requires that all activities be
undertaken in accordance with
the 1998 King County Surface
Water Design Manual
TABLE 1. Code Modifications
Code Modifications
During development, minor
changes to natural drainage shed
boundaries and tributary areas are
inevitable due to grading of
roadways etc.
Interpretation that existing
discharge points to the Green
River do not constitute separate
"natural" discharge points
The Manual prescribed Level 1
flow control is not proposed for the
North Basin runoff.
Sizing methods utilizing the HSPF
model from the project Master
Drainage Plan
All facilities would be in
accordance with the 1998 King
County Surface Water Design
Manual, unless site constraints or
other provisions such as LID
require variation to design
specifics.
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Rationale
Other minor on -site sub -basin routing
through detention ponds and
discharges to on -site wetlands etc.
are not formal variances from core
requirement #1 but shall be reviewed
during the preliminary plat technical
review or the detailed engineering
drainage review.
The existing discharge points are
man installed culverts through the
levee system. The Green River is a
"managed" flow system and is a
direct receiving water above and
below the project site. Proposed
future discharge points from post
developed basins will not pose an
adverse impact to the River.
All runoff from the North Basin drains
to City stormwater pump stations.
The control of runoff and stormwater
detention design is geared to the
capacity of these existing pump
stations. This is not specifically listed
in the Manual as an allowed
exemption.
Would best meet the intent of the
design standard by utilizing
continuous simulation and historic
data.
To allow for maximum flexibility of the
site, and acknowledging the site
design particulars, adequate water
quality and detention will be provided,
but may vary from Manual design
specifics.
5.4.2.2 Grading Ordinance Design Standard Modifications. The
following exceptions from Grading Ordinance No. 2062 shall apply to the Project during
the Term of this Agreement:
a. A significant tree survey and tree replacement is 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
MDP (hereinafter defined).
f. Proposed modifications to surface water management provisions are
governed by TMC 18.41D.090.
g. Any construction activities, including site grading and building, during wet
or dry seasons shall be allowed provided such activities meet with the
stormwater quality requirements set forth in the NPDES Permit.
5.4.2.3 Impervious Area Limitations. In the "Development Area
up to 85% of the developable area served by each stormwater facility may be covered
with impervious surfaces, unless otherwise altered with City approval in the design
phase. Expansion Areas described in Section 3.4 of the Development Agreement are
included in the impervious area calculations. The sizing of surface water control
facilities may be adjusted to reflect actual land use impervious areas in final design as
indicated in the final approved MDP.
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 Permit.
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5.4.3 Stormwater Infrastructure Development.
5.4.3.1 La Pianta Obligations. La Pianta shall implement the
following stormwater mitigation conditions at its sole expense, in accordance with the
timing requirements set forth below:
Mitigation Measures
1. A temporary stormwater treatment
system shall be installed per the
requirements of the 1998 King County
SWDM during the first construction season.
Prior to its completion, all stormwater from
construction or cleared areas shall be
retained on site.
2. Install a long -term construction
stormwater polymer treatment system.
3. Construct the elevation of the separating
berm between the Green River and the Off
channel Habitat Area excavation to prevent
Green River inflow to the excavation during
the high flow season.
4. Install a sediment curtain or similar
measures to minimize sediment release to
the Green River when the separating berm
between the Off channel Habitat Area and
the river is removed.
5. Prepare and implement the wetland
mitigation plan to compensate for the filling
of low -value wetlands.
6. Prepare and implement a fisheries
mitigation plan.
7. Construct a temporary North Facility and
the South Facility as part of the permanent
stormwater management system.
8. Prepare a Master Drainage Plan.
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Timing
During the first construction season.
Constructed and operational prior to the
start of any discharges from the site.
During the first construction season and
prior to first wet season construction
activities.
Installation before breaching the berm
adjacent to the off channel habitat
restoration project, during a time window
defined in the Hydraulic Project Approval
(HPA) for the project.
Approval of plan 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.
Approval of plan 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.
Approval of the temporary North and
permanent South Facilities plans shall
occur prior to the start of site grading
during the first construction season.
Approval shall be obtained prior to start of
site grading.
5.4.3.2 City Obligations. During construction of the Southcenter
Parkway Project, the City shall install stormwater conveyance infrastructure, including
the Trunk Storm Drain, within Southcenter Parkway to connect to the North Facility and
the South Facility.
5.4.4 Master Drainage Plan. La Pianta shall prepare and the City shall
administratively approve the Tukwila South Master Drainage Plan "MDP which shall
be submitted with the Project's permit application for the overall mass earthwork plan.
The MDP shall be consistent with the Stormwater Standards, and Implementing
Approvals shall comply with drainage provisions set forth in the MDP.
5.4.5 Monitoring. Monitoring shall be performed as required under the
401 Water Quality Certification and the NPDES permit for construction discharge issued
and administered by the Washington Department of Ecology, and for Total Suspended
Solids "TSS as shown in Table 2.
Plan Element
Objective
Monitoring
Start for Each
Pond
Monitoring
Frequency
Monitoring
Duration
Monitoring
Method
TABLE 2
NORTH AND SOUTH BASIN POND
TOTAL SUSPENDED SOLIDS (TSS) MONITORING PLAN
Implementation 1 Comments
Report pond water quality performance to the City as estimated by
TSS monitoring (used as performance measure in the 1998 SWDM).
Upon 70% buildout in the
catchment served by each pond
o Five times per year
o During storms exceeding 1 /4
inch of rain in 24 hours
o Four times during Oct 1
through March 30 (wetter
season)
o One time during May 1 through
Sept 30 (drier season)
Three consecutive years per pond
Grab samples at pond outlet Samples analyzed at a
during active rainfall Washington Certified analytical
-31-
Begin monitoring when there is
sufficient buildout to generate
TSS, but not while active
construction influence persists
(construction discharge to be
monitored under NPDES permit
requirements).
Collect samples under a range
of conditions through the year,
but concentrating on the wetter
season when the majority of
discharge volume will occur.
Criterion
Reporting
Response to
Data
Comments
laboratory
The 1998 King County
SWDM's treatment goal is to
remove 80% of TSS for flows
or volumes up to and including
the WW design flow or volume.
Flows and volumes in excess of
the WQ design flow or volume
can be routed around the WQ
facility or can be passed
through untreated. The
monitoring plan assumes that
the inflow WQ will between 30
to 100 mg /L TSS and therefore
proposes a criterion of 20 mg /L
(80% removal of the upper
estimate).
Within 60 days of last wet
season result from the analytical
laboratory.
The water quality performance data shall be provided to the City for
its use in making future decisions on stormwater management. If the
data indicates that the ponds 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.
Plan Element Implementation
TSS (cumulative average during
the monitoring for each pond)
shall be lower than 20 mg /L
Once annually to the City
6. SEPA Compliance.
6.1 Prior SEPA Documents. Development within the Project areas as
contemplated in this Agreement has been addressed and analyzed in prior environmental
documents, including but not limited to environmental impact documents prepared for
Tukwila's Comprehensive Plan and the Tukwila South environmental impact statement
(collectively, the "SEPA Documents The SEPA documents shall constitute
compliance to the fullest extent possible under SEPA for all Implementing Approvals.
For purposes of this Agreement, an "Implementing Approval" means a land use approval
or permit subsequent to the execution of this Agreement which implements or otherwise
is consistent with this Agreement, including but not limited to plats, short plats, binding
site plans, site development permits, grading and building permits and utility permits.
Subject to the provisions of this Section, no further SEPA review is required, and no
additional substantive SEPA mitigation measures are required beyond those set forth in
this Agreement.
6.2 Further SEPA Review Limited,. Except as set forth herein, no further
SEPA review shall be required for the Project. The City may require additional SEPA
review based only the following conditions:
(a) An Implementing Approval or requested modification materially
exceeds the Project Envelope (herein after defined) and governing
Development Regulations; or
(b) The City concludes (pursuant to SEPA, SEPA Rules, and City
SEPA regulations) that substantial changes have been made to the
Tukwila South Project so that, as mitigated, it is likely to have
significant adverse impacts not previously analyzed in a SEPA
environmental document, and which impacts cannot be mitigated
below a level of significance by applicable local, state or federal
regulations; or
(c) The City concludes (pursuant to SEPA, SEPA Rules, and City
SEPA regulations) that there is new information indicating
probable significant adverse environmental impacts of the Tukwila
South Project not previously analyzed in a SEPA environmental
document which cannot be mitigated below a level of significance
by applicable local, state or federal regulations.
For purposes of this Agreement, "Project Envelope" means the level and
range of development (including maximum structure height, floor area, bulk and use)
analyzed within one of the alternatives reviewed in the Tukwila South EIS and any
subsequent addenda or SEPA Documents which may be issued by the City. The Project
Envelope includes all of the physical aspects of a general development plan, individual
project, or other on -site or off -site physical improvements as disclosed and analyzed in
33
the Project 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) 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 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
forth herein. At all times prior to resolution of the dispute, the parties shall continue to
perform and make any required payments under this Agreement in the same manner and
under the same terms as existed prior to the dispute.
34
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(0 and 7.3(g). Until the arbitrator issues the first
decision or award upon any question submitted for the arbitration,
performance under the Agreement shall continue in the manner and
form existing prior to the rise of such question. After delivery of said
first decision or award, each party shall forthwith comply with said
first decision or award immediately after receiving it.
35
(f) La Pianta and the City shall share equally the compensation, costs, and
expenses of the arbitrators, but each shall be responsible for their own
fees and expenses of its own witnesses, exhibits, and counsel. La
Pianta and the City shall pay the compensation, costs and expenses of
the single arbitrator or the additional arbitrator in the board of
arbitrators in equal shares.
(g) The arbitrator shall have the authority to enter awards of equitable
remedies consistent with the obligations of the City and La Pianta
under this Agreement.
(h) The arbitrator shall not have the authority to enter any award, the
satisfaction of which by the party to be bound, would be impermissible
under any law, regulation, or funding agreement to which the bound
party is subject. The determination of any such impermissibility shall
be made by a court of competent jurisdiction within the State of
Washington and under the laws of the State of Washington. Any such
determination shall be appealable.
7.4 This dispute resolution process will not apply to the following disputes: (i)
disputes regarding the accounting of Project revenues and City expenditures; and (ii)
disputes concerning the letters of credit. Any disputes regarding revenues /expenditures
must utilize the dispute resolution process outlined in Section 4.8.2. Issues of
arbitrability of a dispute shall be determined by the Presiding Judge, King County
Superior Court.
7.5 Nothing in this Section 7 shall preclude either party from seeking
injunctive or equitable relief prior to the initiation or completion of this dispute resolution
process.
8. Modifications to Agreement. This Agreement contains all terms, conditions and
provisions agreed upon by the parties hereto, and shall not be modified except by written
amendment executed by both parties. Amendments to this Agreement that materially
modify the intent and policy of the Agreement must be approved by the City Council.
Other amendments may be approved by the City Mayor.
9. General Provisions.
9.1 Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
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
36
own terms pursuant to Section 5.2.3.
9.3 Agreement Binding on Successors: Respective Obligations of La Pianta
and Parcel Builders. This Agreement shall be binding upon and shall inure to the benefit
of the heirs, successors and assigns of La Pianta, and upon the City, except as limited and
conditioned in this Agreement. La Pianta's general duties and obligations under this
Agreement for the Tukwila South Project are not intended to be delegated to Parcel
Builders unless a particular duty or obligation, specifically and directly related to the
Development Parcel in question, is expressly imposed by the City as a term or condition
of an Implementing Approval for that Parcel.
9.4 Builders' 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: Severabilitv.
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.
9.5.2 Severabilitv. 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
37
agree to modify the Agreement consistent with the final court determination, and no party
shall undertake any actions inconsistent with the intent of this Agreement until the
modification to this Agreement has been completed. If the parties do not mutually agree
to modifications within forty -five (45) days after the final court determination, then either
party may initiate the arbitration process under Section 7 for determination of the
modifications that will implement the intent of this Agreement and the final court
decision.
9.6 Authority. Each party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Agreement on the terns
and conditions herein stated, and to deliver and perform its obligations under this
Agreement.
9.7 Exhibits and Appendices Incorporated. Exhibits 1 through 11 are
incorporated herein by this reference as if fully set forth.
9.8 Headings. The headings in this Agreement are inserted for reference only
and shall not be construed to expand, limit or otherwise modify the terms and conditions
of this Agreement.
9.9 Time of the Essence. Time is of the essence of this Agreement and of
every provision hereof. Unless otherwise set forth in this Agreement, the reference to
"days" shall mean calendar days. If any time for action occurs on a weekend or legal
holiday in the State of Washington, then the time period shall be extended automatically
to the next business day.
9.10 Entire Agreement. This Agreement represents the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or
written, except as expressly set forth herein and this Agreement supersedes all previous
agreements, oral or written.
9.11 Default and Remedies.
9.11.1 Cures Taking More Than Thirty Days. Except as expressly
provided otherwise in this Agreement, no party shall be in default under this Agreement
unless it has failed to perform as required under this Agreement for a period of thirty (30)
days after written notice of default from any other party. Each notice of default shall
specify the nature of the alleged default and the manner in which the default may be
cured satisfactorily. If the nature of the alleged default is such that it cannot be
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
38
without limitation damages, specific perfoiinance, 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 Develonment Parcel. Any claimed
default shall relate as specifically as possible to the portion or Development Parcel of the
Tukwila South Property involved, and any remedy against any party shall be limited to
the extent possible to the owners of such portion or Development Parcel of the Tukwila
South Property.
9.12.2 Relief Limited to Affected Owner. To the extent possible, the City
shall seek only those remedies that do not adversely affect the rights, duties or obligations
of any other nondefaulting owner of portions of the Tukwila South Property under this
Agreement, and shall seek to utilize the severability provisions set forth in this
Agreement.
9.13 Term. The term of this Agreement shall be as set forth in Section 5.2.3
above. Until such time as the City revises the comprehensive plan or development
regulations which apply to Tukwila South during the term of this Agreement, the goals of
the comprehensive plan and the development regulations to which the project vests will
continue to apply to the Tukwila South Property following the expiration of this
Agreement.
9.14 No Third -Party Beneficiary. This Agreement is made and entered into for
the sole protection and benefit of the parties hereto and their successors and assigns. No
other person shall have any right of action based upon any provision of this Agreement.
Parcel Builders in Tukwila South shall be deemed to be successors under this provision.
9.15 Interpretation. This Agreement has been reviewed and revised by legal
counsel for both parties, and no presumption or rule construing ambiguity against the
drafter of the document shall apply to the interpretation or enforcement of this
Agreement.
9.16 Notice. All communications, notices, and demands of any kind that a
party under this Agreement requires or desires to give to any other party shall be in
writing and either (i) delivered personally, (ii) sent by facsimile transmission with an
additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail
postage prepaid, return receipt requested, and addressed as follows:
39
If to the City:
If to La Pianta:
City of Tukwila
6300 Southcenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's Office and
Director of Public Works and
Director of Community Development
La Pianta LLC
P.O. Box 88028
Tukwila, Washington 98138 -2028
Attn: Mr. Mark A. Segale
Notice by hand delivery or facsimile shall be effective upon receipt, provided that
notice by facsimile shall be accompanied by mailed notice as set forth herein and shall be
evidenced by a machine printed confirmation of successful transmission. If deposited in
the mail, certified mail, return receipt requested, notice shall be deemed delivered forty-
eight (48) hours after deposited. Any party at any time by notice to the other party may
designate a different address or person to which such notice or communication shall be
given.
9.17 Delays. If either party is delayed in the performance of its obligations
under this Agreement due to Force Majeure, then performance of those obligations shall
be excused for the period of delay. For purposes of this Agreement, economic downturns,
loss in value of La Pianta assets, inability to obtain or retain financing, do not constitute a
force majeure event.
9.18 Payments. Any payments made pursuant to the terms of this Agreement
shall be made within thirty days of invoice, unless otherwise specified in the Agreement.
Any late payments shall be subject to interest charges at the rate of 12% per annum.
9.19 Indemnification. Except as otherwise specifically provided elsewhere in
this Agreement and any exhibits hereto, each party shall protect, defend, indemnify and
hold harmless the other party and their officers, agents, and employees, or any of them,
from and against any and all claims, actions, suits liability, loss, costs, expenses, and
damages of any nature whatsoever, which are caused by or result from any negligent act
or omission of the party's own officers, agents, and employees in performing services
pursuant to this Agreement. In the event that any suit based upon such a claim, action,
loss, or damage is brought against a party, the party whose negligent action or omissions
gave rise to the claim shall defend the other party at the indemnifying party's sole cost
and expense; and if final judgment be rendered against the other party and its officers,
agents, and employees or jointly the parties and their respective officers, agents, and
employees, the parties whose actions or omissions gave rise to the claim shall satisfy the
same; provided that, in the event of concurrent negligence, each party shall indemnify
and hold the other parties harmless only to the extent of that party's negligence. The
40
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.
CITY OF TUKWILA, a Washington municipal corporation
By:
Jim Haggerton, Its Mayor
Date:
La Pianta LLC, a Washington limited liability corporation
By: Metro Land Development, Inc.,
Its: Manager
By:
Date:
M.A. Segale, President
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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 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, STA "I E OF WASHINGTON.
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 LII'TE 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 1 /4 OF THE NORTHWEST 1 /4
OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST
WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40'
47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE
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 KING 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: BEGINNING AT TIM 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
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 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 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 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 EX PENSION OF THE NORTH LINE OF THAT
CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING
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 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;
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 -9043:
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 V4 OF THE
NORTHWEST 'A 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 'A 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,
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 V4 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
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 A 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
IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENC
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 RECORDING NO. 6013508;
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 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 MAIN TRACT WHICH IS 527.5 FEET SOUTH AND
1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1 A OF
SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF
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; 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
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 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 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 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.
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 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
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
Exhibit 2 -9
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 -9100:
THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST V4 OF THE NORTHEAST
Y4 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= CITY OF KENT, FOR RIGHT
OF WAY IN KING 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 V2 OF THE NORTHWEST V4 OF SECTION 2 AND THE
EAST Y2 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 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
Exhibit 240
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 LINE OF SAID SUBDIVISION TO THE TRUE POINT OF
BEGINNING; TOGETHER WITH ALL RIGHTS IN THOSE CERTAIN 15 FOOT
EASEMENTS RESERVED IN DOCUMENTS RECORDED UNDER KING COUNTY
RECORDING NOS. 7701050685 AND 7701050686; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9008:
THE SOUTHEAST QUAR 1'ER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4
EAST, W.M., LYING SOUTHERLY OF MUSIEL ROAD; SITUATE IN THE CITY
OF TUKWILA, COUNTY OF KING, STAa'E 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
Exhibit 2 -11
87 °45'57" EAST, ALONG THE NORTH LINE, OF SAID NORTHWEST 1/2, 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.
PARCEL 352304 -9013:
THAT PORTION OF THE SOUTHEAST OF THE NORTHWEST 1 A OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTHERLY LINE OF SAID SUBDIVISION AT A POINT
657.02 FEET WESTERLY OF THE INTERSECTION OF SAID SOUTHERLY LINE
WITH THE WESTERLY LINE OF COUNTY ROAD NO. 540 (57TH AVENUE
SOUTH), SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT
CERTAIN TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER
RECORDING NO. 4744487; THENCE NORTH 16 °21'00" EAST 831.38 FEET TO
THE NORTHWESTERLY CORNER OF SAID CERTAIN TRACT OF LAND;
THENCE SOUTH 87 °53'30" EAST 504.80 FEET; THENCE NORTH 60 °47'30" EAST
206.43 FEET TO THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE
NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF
SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO
THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY
ALONG THE WESTERLY LINE THEREOF TO THE SOUTHWEST CORNER OF
SAID SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY LINE
THEREOF TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF
SAID SUBDIVISION; THENCE SOUTH 87 °51'01" EAST, ALONG THE NORTH
LINE OF SAID SUBDIVISION 800 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH PERPENDICULAR TO THE SAID NORTH LINE OF SAID
SUBDIVISION 250 FEET; THENCE EAST PARALLEL WITH THE SAID NORTH
LINE OF SAID SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540;
THENCE NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY
ROAD TO THE INTERSECTION WITH THE SAID NORTH LINE OF SAID
SUBDIVISION; THENCE NORTH 87 °5F01" 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 °3020" 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 LINE 186.03 FEET TO THE POINT OF
Exhibit 2 -12
BEGINNING; AND EXCEPT COUNTY ROADS; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 -9015:
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 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 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 IN 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. MUSIEL ROAD (SOUTH 178TH STREET),
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
SAID SOUTHWEST OF THE NORTHEAST OF THE NORTHWEST OF SAID
SECTION; THENCE SOUTH 87 °50'57" EAST 286.71 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 23°2T57" 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. MUS [FT ;L ROAD;
Exhibit 2 -13
THENCE SOUTH 55°13'03" EAST ALONG SAID SOUTHERLY MARGIN 195.78
FEET; THENCE ALONG THE WESTERLY MARGIN OF SAID MUSIEL ROAD
SOUTH 29°3T57" WEST 224.57 FEET TO THE SOUTH LINE OF SAID
SUBDIVISION; THENCE NORTH 87 °50'57" WEST ALONG SAID SOUTH LINE TO
THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1 A 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 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°38'2T WEST 120.39 FEET; THENCE NORTH 68 °52'03" WEST 70.06 FEET;
THENCE NORTH 23 °27'57" EAST 145.00 FEET TO THE TRUE POINT OF
BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE
CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6405581;
TOGETHER WITH THOSE PORTIONS OF MUS I I-L ROAD (SOUTH 178TH
STREET) VACATED BY THE CITY OF TUKWILA BY ORDINANCE 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. MUSIEL COUNTY ROAD); THENCE
NORTH 65 °22'03" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF
240.64 FEET; THENCE NORTH 47 °46'03" WEST, ALONG SAID NORTHERLY
MARGIN, A DISTANCE OF 341.00 FEET TO THE EAST RIGHT -OF -WAY LINE OF
PRIMARY STATE HIGHWAY NO. 1 (JUNCTION S. S. H. NO. 5A TO SOUTH
178TH STREET); THENCE NORTH 09 °32'33" EAST, ALONG SAID EAST RIGHT
OF -WAY LINE, A DISTANCE OF 240.39 FEET; THENCE ALONG A CURVE TO
THE RIGHT, HAVING A RADIUS OF 11,199.16 FEET, AN ARC DISTANCE OF
209.74 FEET, THROUGH A CENTRAL ANGLE OF 01°04'23", TO THE NORTH
LINE OF THE NORTHWEST 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 BEGINNING; TOGETHER WITH THAT
PORTION OF VACATED SOUTH 178TH STREET ADJOINING, PURSUANT TO
Exhibit 2 -14
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:
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 V4,
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 °4227" EAST, ALONG SAID OLD
CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE
NORTH 55 °08'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF
64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID
SOUTH 178TH STREET TO THE TRUE POINT OF BEGINNING, AND FROM
WHICH SAID TRUE POINT OF BEGINNING, POINT "A" WHICH IS TO BE USED
FOR LATER REFERENCE HEREIN, LIES NORTH 37 °55'55" EAST, A DISTANCE
OF 173.09 FEET; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE
TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 62 °56'38" WEST,
HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 157.50 FEET,
THROUGH A CENTRAL ANGLE OF 33 °34'48 THENCE NORTH 60 °38'10" WEST,
ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 204.96 FEET; THENCE
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 508.59 FEET, AN ARC
DISTANCE OF 25.52 FEET, THROUGH A CENTRAL ANGLE OF 02 °5229
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
Exhibit 2 -15
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; SITUATE IN 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 POINT OF BEGINNING; THENCE CONTINING
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 POINT 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 1 /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:
Exhibit 2 -16
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 °0027" 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 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 °4227" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET
TO AN ANGLE POINT; THENCE NORTH 55 °08'33" WEST, ALONG SAID OLD
CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF
THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET TO THE TRUE POINT
OF BEGINNING, AND FROM WHICH SAID TRUE POINT OF BEGINNING, POINT
"A" WHICH IS TO BE USED FOR LATER REFERENCE HEREIN, LIES NORTH
37 °55'55" EAST, A DISTANCE OF 173.09 FEET; THENCE ALONG SAID
NORTHERLY MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH
BEARS SOUTH 62 °56'38" WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC
DISTANCE OF 157.50 FEET, THROUGH A CENTRAL ANGLE OF 33 °34'48
THENCE NORTH 60 °38'10" WEST, ALONG SAID NORTHERLY MARGIN, A
DISTANCE OF 204.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 508.59 FEET, AN ARC DISTANCE OF 25.52 FEET, THROUGH A
CENTRAL ANGLE OF 02 °52'29 THENCE NORTH 63 °30'39" WEST, ALONG SAID
NORTHERLY MARGIN, A DISTANCE OF 290.59 FEET TO THE WEST LINE OF
SAID NORTHEAST 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
Exhibit 2 -17
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
WASHINGTON. 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 LINE 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. MUSTFL 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 CORNER OF A TRACT
OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE BY DEED
RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630; THENCE
ALONG THE SOUTHEASTERLY LINE OF SAID CONVEYED TRACT, NORTH
42 °30'27" EAST, A DISTANCE OF 106.34 FEET, ALONG THE SOUTHEASTERLY
LINE OF AMERICAN NATIONAL INSURANCE'S TRACT TO THE
INTERSECTION OF THE SOUTHWESTERLY LINE OF A TRACT CONVEYED TO
LAUREL DEVELOPMENT CO., A WASHINGTON CORPORATION, BY DEED
RECORDED UNDER KING COUNTY RECORDING NO. 7611100056; THENCE
ALONG THE SOUTHERLY LINE OF SAID LAUREL DEVELOPMENT CO.
TRACT, SOUTH 51 °25'11" EAST, A DISTANCE OF 57.27 FEET;
THENCE SOUTH 45 °56'15" EAST A DISTANCE OF 62.15 FEET; THENCE SOUTH
51 °32'16" EAST A DISTANCE OF 47.25 FEET; THENCE SOUTH 76 °31'22" EAST A
Exhibit 2 -18
DISTANCE OF 72.20 FEET; THENCE SOUTH 87 °45'57" EAST A DISTANCE OF
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 1/4 OF THE NORTHWEST 1 /4 OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE
SOUTH 87 °51'01" EAST ALONG THE NORTH LINE OF SAID SUBDIVISION
800.00 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 °57'01" 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 EAS "1'ERLY, 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
Exhibit 2 -19
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 -9045:
THAT PORTION OF THE SOUTHWEST 1 OF THE SOUTHWEST' OF SECTION
35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1 OF SAID
SECTION 35; THENCE SOUTH 87° 59' 06" EAST, ALONG THE SOUTH LINE OF
SAID SOUTHWEST Y4, 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' OF THE SOUTHWEST 1 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 POINT 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 OF THE SOUTHWEST 1 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 1 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
Exhibit 2 -20
SOUTH LINE SOUTH 89 °03'20" EAST TO THE WESTERLY LINE OF COUNTY
ROAD; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE OF SAID
COUNTY ROAD, TO ITS INTERSECTION WITH THE EAST LINE OF THE
SOUTHWEST 'A OF THE SOUTHWEST 1 /4 OF SECTION 35; THENCE
NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF
SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE
THEREOF, 100.00 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE
OF SAID SUBDIVISION 490.00 FEET; THENCE WESTERLY ALONG A LINE
PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 1238.31 FEET, MORE
OR LESS, TO THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTHERLY
ALONG SAID WEST LINE TO ITS INTERSECTION WITH THE
NORTHEASTERLY LINE OF THE ORILLIA ROAD EXTENSION; THENCE
SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF SAID ROAD TO
ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN
TRACT OF LAND HERETOFORE CONVEYED TO KING COUNTY BY DEED
RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, RECORDS OF KING
COUNTY, RECORDED UNDER RECORDING NO. 2722034; THENCE
SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE TO AN ANGLE
POINT HEREIN;THENCE CONTINUING SOUTHEASTERLY ALONG THE
NORTHEASTERLY LINE OF SAID TRACT, 731.2 FEET TO THE PLACE OF
BEGINNING; EXCEPT ANY PORTION THEREOF LYING WITHIN A TRACT OF
LAND CONVEYED TO KING COUNTY BY DEED RECORDED UNDER
RECORDING NO. 3353356; SITUATE IN THE, CITY OF TUKWILA, COUNTY OF
KING, STATE OF WASHINGTON.
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 -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
Exhibit 2 -21
35;THENCE SOUTH 87 °56'00" EAST ALONG EAST AND WEST CENTER LINE
960 FEET; THENCE SOUTH 53 °24'59" WEST 727.57 FEET TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 38 °42'02" EAST 1144.63 FEET TO SOUTH
LINE OF NORTHWEST QUARTER OF SOUTHWEST QUARTER; THENCE
SOUTH 87 °57'00" EAST ALONG SAID SOUTH LINE 100 FEET TO SOUTHEAST
CORNER SAID SUBDIVISION; HENCE NORTH 04 °04'00" EAST ALONG EAST
LINE TO A POINT BEARING SOUTH 85 °56'00" EAST FROM BEGINNING;
THENCE NORTH 85 °56'00" WEST TO THE TRUE POINT OF BEGINNING;
EXCEPT ANY PORTION LYING WITHIN THAT CERTAIN TRACT CONVEYED
TO CHARLES C. STRONG AND OTHERS, DATED JULY 5, 1904, AND
RECORDED UNDER RECORDING NO. 322573; AND EXCEPT THAT PORTION
CONDEMNED IN KING COUNTY SC# 590470 FOR PRIMARY STATE HIGHWAY
NO. 1. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON.
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 TOE POINT RTION
LYING WITHIN HIGHWAY NO. 1 (SRS) (SOUTH 8TH
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 EX'T'ENSION 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
Exhibit 2 -22
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.
PARCEL 352304 -9068:
THAT PORTION OF THE SOUTHWEST Y4 OF THE SOUTHWEST 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
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 POINT ON THE THREAD OF SAID CREEK; THENCE SOUTH
87° 57' 17" EAST 338.76 FEET TO AN INTERSECTION WITH THE WESTERLY
MARGIN OF MESS BROS. COUNTY ROAD NO. 76 (57TH AVENUE SOUTH) AS
PRESENTLY LOCATED AND HAVING A TOTAL RIGHT OF WAY WIDTH OF 40
FEET; THENCE ALONG SAID ROAD MARGIN, ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF 306.48 FEET, THE CENTER OF WHICH BEARS
SOUTH 88° 40' 12" EAST, AN ARC DISTANCE OF 143.56 FEET; THENCE NORTH
28° 10' 08" EAST 191.48 FEET TO AN INTERSECTION OF SAID ROAD MARGIN
WITH THE EASTERLY LINE OF SAID SUBDIVISION; THENCE NORTH 04° 04'
20" EAST 289.11 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT
PORTION THEREOF LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 AS
CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 672088;
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 STALE 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
Exhibit 2 -23
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- 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 DISTANCE OF 10.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE
OF 70.00 FEET; THENCE SOUTH 21 °38'27" WEST 120.39 FEET; THENCE NORTH
68 °52'03" WEST 70.06 FEET; THENCE NORTH 23 °27'57" EAST 145.00 FEET TO
THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA,
COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 352304 9104:,
THAT PORTION OF GOVERNMENT LOT 5 AND OF THE SOUTHWEST '/4 OF
THE NORTHEAST 1 /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST,
W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A MONUMENT AT
NORTHEAST CORNER OF SAID SOUTHWEST 3/4 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 POINT
OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
Exhibit 2 -24
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 1 /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 I F,L ROAD (SOUTH 178TH STREET),
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
SAID SOUTHWEST 1 /40F 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. MUSIEL ROAD; THENCE SOUTH 65° 26 33" EAST ALONG SAID
SOUTHERLY MARGIN, 374.01 FEET; THENCE SOUTH 55° 13' 03" EAST 104.12
FEET; THENCE SOUTH 23° 27' 57" WEST 180 FEET; THENCE NORTH 87° 50' 57"
WEST 25 FEET; THENCE SOUTH 23° 27' 57" WEST 147.13 FEET; THENCE
NORTH 87° 50' 57" WEDT 286.71 FEET TO THE POINT OF BEGINNING;
Exhibit 2 -25
TOGETHER WITH THAT PORTION OF SOUTH 187TH STREET, MUSILL ROAD,
AS VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556 AND
RECORDED UNDER RECORDING NO. 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 RECORDED UNDER KING COUNTY RECORDING NO. 20021007900001;
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES
OVER, ALONG, ACROSS, IN AND THROUGH PARCEL A (SHOWN AS "SEGALE
DRIVE C OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L02-
0029 AS RECORDED UNDER KING COUNTY RECORDING NO. 20021007900001;
SITUATE IN 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 IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
PARCEL 352304 9117:,
THAT PORTION OF THE SOUTHEAST 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
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,
Exhibit 2 -26
THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41
FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID
EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET;
THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28"
EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT
OF BEGINNING; SITUATE IN THE 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; SITUAITE 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;
TI -ONCE 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:
Exhibit 2 -27
LOT 4 OF BOUNDARY LINE ADJUSTMENT NO. 93 -0085, RECORDED UNDER
KING COUNTY RECORDING NO. 9311301961, RECORDS OF KING COUNTY,
WASHINGTON; BEING A PORTION OF THE SOUTHWEST 1 /4 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 KING, 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 BEGINNING; THENCE SOUTH 19 °59'25" WEST 420.10
FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF
TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
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.
Exhibit 2 -28
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TUKWILA SOUTH DEVELOPMENT AND
NON-DEVELOPMENT AREAS EXHIBIT
3
COLLINSWOERNIAN
PRELIMINARN MASTER PLAN SUBMITTAL 5 L C L
COLLINSWOERMAN
TABLE OF CONTENTS
VISION
GUIDING PRINCIPLES
LAND USE ELEMENTS
NATURAL ENVIRONMENT
INFRASTRUCTURE TIMING
DEVELOPMENT PHASING
APPENDIX
PRELlIvIINAPY MASTER PLAN SUBMITTAL a I1L!,
COLLINSWOF.RMAN
VISION
PRELIMINARY MASTER Midi SUBMITEAL L L R 1 L
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 under single ownership five
minutes from SeaTac Airport and adjacent to I -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.
COLLINSWOERMAN
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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 s-
feet of goods and services, and 700 to 1,900 units of
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PRELIMINARY MASTER PLAN SUBMITTAL
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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.
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.
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THE MASTER PLAN AND THE CITY'S COMPREHENSIVE PLAN
The Tukwila South Master Plan's vision and guiding principles mirror and reinforce
those set out in the City of Tukwila's Comprehensive Plan. As described in this
document, Tukwila South will substantially aid the City in creating "safe and secure
places to live" and an economy that provides jobs, ways to get around, schools, and
recreational opportunities" all identified as core reasons for the creation of its
Comprehensive Plan.
The Master Plan also allows the City opportunities to satisfy the Growth Management
Act requirements set out in the Comp Plan's introduction, including the identification
of "Urban Growth Areas that can accommodate at least 20 years of new population
and employment" and the identification and protection of "open space corridors of
regional significance." Most importantly, it materially assists what is identified as the
Comp Plan's primary charge: to preserve and enhance "Tukwila's long -term
economic growth and community viability and identity." The Master Plan represents a
rare opportunity to create a strong and appealing identity for the site itself and serve
as a highly visible, memorable gateway to the city of Tukwila as a whole.
Southcenter Parkway (57th Avenue S) will be expanded and extended through the
site in a new alignment that follows the base of the hillside; 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 within
the design guidelines for this area.
L l-.. I i PRELIMINARY MASTER PLAN SUB1
immeagnma
On -site amenities will include landscaped open space, plazas and
courtyards, and a pedestrian /bicycle pathway along the Green River.
Because the Tukwila South Master Plan is organized around a combination
of campus -type
research and office
environments and
districts, the quality
of building design will
likely be substantially
higher than that
found in the
surrounding industrial
and retail uses.
Building design,
construction, and
materials will be of
institutional quality,
and coordinated
through comprehensive urban design principles.
The Master Plan is consistent with City goals calling for zoning and
development regulations that encourage growth in certain areas, promote
economic use of industrial lands outside the MIC, and retain large parcels in
order to facilitate their efficient use. Tukwila South is one of the areas
considered for new employment and residential growth in the
Comprehensive Plan.
A mix of uses will be oriented along Southcenter Parkway. The density of
development on the site will support transit use and a secondary onsite
street system will be developed with pedestrian circulation in mind, with
features such as sidewalks and appropriate signage for pedestrians. The
site will be organized around pedestrian- oriented circulation systems, with
simplified vehicular circulation, to foster linkages within the campus(es).
COLLINSWOERMAN
COLUNSWOERMAN
GUIDING PRINCIPLES
PRELIMINARY MASTER PLANSUBMITFAL I L I I L
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 498
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 this parcel for over 50 years.
While there have been discussions about
development and markets that could have filled the property with many of
the retail and industrial uses common to this part of the Valley, the land has
yet to see its first significant development.
The guiding principles developed
for the project arose from the
history of the Segale family, the
natural beauty of Puget Sound and
the site's key characteristics. With
this background as our starting
point, we have created the
following ten guiding principles for
the Tukwila South Master Plan. It
is from these that our development
plan has been conceived. Additional information on the background of
these principles are located within the appendix of this Master Plan.
COLLINSWOERMAN
PRINCIPLE #1: LONG -TERM VISION
The development of Tukwila South will be guided by a long -term vision that will create a
different, more cohesive development pattern than if the property was developed on a
parcel -by- parcel basis.
A long -term vision requires a commitment to make decisions and investments that
support its development. The Segale family has committed to this long -term vision and
to building out the site's central infrastructure including temporary and permanent
stormwater and erosion control, mitigation for environmental impacts, mass grading and
relocation of the existing flood protection barrier dike as the initial phase. This
investment will ensure the long -term plan is implemented.
PRINCIPLE #2: CREATING A DESTINATION
The Tukwila South project will become a regional destination.
Tukwila South is a regionally
visible site. The site is
considered "close in" in real
estate terms and is adjacent
to one of the region's largest
retail destinations. Many of
the valley's residents and
businesses move through or
around the site daily. Its
access and visibility from the
valley and eastern edge
neighborhoods make it a
natural regional destination.
The site's initial value is
enhanced by its proximity to
significant regional
investments such as SeaTac Airport, the Southcenter retail district, and I -405, I -5,
SR 167 and many other local arterials. The Master Plan will ensure these assets are
leveraged.
PRELIMINARY MASTER PLAN SUBMITTAL 1 I
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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 of the site's single ownership.
At just under 500 acres, Tukwila South could include regional employment, housing,
and goods and services. Multi -use districts will allow many of these uses to work
together by sharing infrastructure, parking, and access. These districts will enable
the creation of a highly desirable, fine- grained pedestrian environment. When
housing, jobs, and goods and services are located appropriately, a community is
created.
PRINCIPLE #4: MULTI -USE
Tukwila South will include employment, goods and services, and housing. The
project will be multi -use and include a wide range of businesses instead of focusing
on industrial and retail users. Residential is also being considered to bring additional
vitality to the area.
A development strategy that emphasizes multiple uses will increase the rate of
development and create a more desirable environment for each use: retail supports
housing and jobs, housing supports retail and jobs, jobs support retail and housing.
This diversity of uses will support the creation of destination districts, increase the
project's overall value, and enhance the vitality of the city of Tukwila. The market value
of office and hotel uses will be increased by having retail and restaurant uses nearby.
A well planned multi -use environment will also help mitigate development risk as the
markets for various uses fluctuate from development cycle to development cycle.
Careful consideration of use adjacencies is essential to ensure efficient sharing of
amenities, parking and infrastructure. Initial planning configurations must also keep
L t PRBLIIv'i1NARY MASTER PLAN SUBMITTAL
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.
As noted in the discussion of
Principle #3, the surface
parking lots dictated by
today's market opportunities
for employment, goods and
services, and housing will
provide the basis for each
developing district, enabling
its evolution over time into a denser environment. With each development,
the district will become more desirable. This increase in value will allow infill
development in the early -phase parking lots and redevelopment of lower
density commercial uses.
Early -phase uses must, therefore, be carefully chosen to complement each
other and serve as engines for future development. It is essential to pick the
right retailers, the right employment clusters, and the right mix of housing to
create the synergy necessary to allow all of the uses to thrive.
PRINCIPLE #6: QUALITY ENVIRONMENT
Tukwila South will create a memorable and regionally identifiable place.
Tukwila South will build on the Northwest tradition of quality outdoor
environments by integrating its iconic outdoor spaces with high quality indoor
spaces. Quality building materials combined with traditional Puget Sound
building elements (canopies, lush landscaping, etc.) will create memorable
and regionally identifiable environments that help attract world -class talent.
Growth in the regional economy is expected to come in four major sectors:
aerospace, life sciences, information technology, and trade and logistics.
Due to its size and location, Tukwila South is perfectly situated to bring these
new types of jobs to the city of Tukwila.
COLLINSWOERMAN
Because these businesses need to attract the best and brightest, they demand a
very high quality work environment. Tukwila South offers the opportunity to live and
work in a single location, increasingly associated with a high quality of life.
Beautifully designed public spaces will be required to connect jobs with goods and
services, and goods and services and jobs with
housing.
The people who work at Tukwila South will want a
development environment that is clean, safe, well
organized, and convenient. More than that, like many
who live and work in the Northwest, they value quality
outdoor environments. Tukwila South's outdoor and
indoor environments will be integrated wherever
possible, and the project's amenities will provide a
variety of on -site recreational opportunities and
connections to the site's outdoor environments.
The buildings and the spaces between the buildings
will be designed to work together. Institutional- quality
building materials and landscape design will support
memorable buildings that become Tukwila South's
W' Marv�aL• ::�mm 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
PRELIMINARY MASTER PLAN SIIBMITIAL
ssommEmi
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.
I hi
PRINCIPLE #9: IMPLEMENTATION STRATEGY
Development must be strategically phased to successfully transition Tukwila South
from an agricultural property to an urban destination.
While many of the site's infrastructure and planning features will be designed and
built in the initial phase, flexibility must be maintained throughout the vertical
development of the districts and the secondary roadway and amenity systems. This
flexibility is required to meet changing market conditions.
The Infrastructure Development Phase is expected to take three years and is
scheduled for the years 2006 -2008. At the end of this phase, all of the site's spine
infrastructure will be in place.
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.
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.
Tributary stream fish habitat with associated restored wetlands and flood flow
refuge on the Green River mainstem were historically present throughout the
lower Green River basin, but are now missing and therefore habitat- limiting for
fish and a variety of wildlife.
r f' L PRELIMINARY MASTER PLAN SUBMITTAL
Provisions for the re- creation
of valuable habitats out of
degraded agricultural ditches.
In the process, the aquatic
habitat enhancement plan will
mitigate for filling peripheral
and isolated wetlands and
ditches now located in active
croplands.
Enhancement of Johnson
Creek into a fish- friendly
tributary connected to the
Green River.
Creation of back -water fish
habitat in the Green River.
Restoration of a wetland
complex of approximately 32
acres associated with the
tributary drainage of the Green
River that was historically
present, but now absent in the
basin.
Sustainable planning concepts will include:
Integrated transit environments
"Park- once" site organization and pedestrian environments
Shared parking concepts
Redevelopment of surface parking lots
Creating internal natural environments with visual connections to
natural amenities
COLLINSWOGRMAN
COLLINSWOERNIAN
PRELIMINARY MASTER PLAN SUElvIIITAI,
LAND USE ELEMENTS
DEVELOPMENT CONCEPT
The Tukwila South Master Plan is intended to provide a framework to guide long-
term development of the 498 -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 (I -5,
I -405, and SR 167) create multi -modal transportation options. In the
development's campus environment, buildings will frame open spaces with central
plazas and public gathering spaces. Pedestrian oriented internal circulation and
simplified vehicular circulation will promote ease of movement and foster a sense
of integration while providing access to recreational, retail, restaurant, and
hospitality amenities. Building design, construction, and materials will be
coordinated through comprehensive design principles.
The development concept for the overall site provides opportunity for between 10
and 14 million square feet of a mix of uses including those related to employment,
housing, and goods and services. Table 1 shows the assumed range of uses for
development scenarios of 10 million square feet and 14 million square feet. This
buildout range and assumed mix of uses within the planning areas should be
considered conceptual; ultimately, market forces will determine the specific level
of development and the mix of uses over the long term. The potential locations of
TABLE 1 ASSUMED, RANGE OF USES FOR THE.TUKWILA SOUTH DEVELOPMENT CONCEPT'
Use Description `Range,
Office Technology (Flex- Tech: '5 million sq feet
Goods Services
'i-g million
Housing* 7- 1,900 units
Total 10 -14 million square feet
*An average of 1,000 square feet per unit is assumedforgerieralplaning purposes.. 1
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 /distribution, and hotel uses. Land
uses related to goods and services could include retail and restaurant
uses. Housing could consist of a mix of small -lot single- family,
townhomes, and multifamily (rental and for sale) units.
The natural boundaries presented by the hillside on the
west and the Green River on the east drive the site's
north -south orientation. The development concept
features public and private amenities such as plazas,
landscaped open space areas, and pedestrian /bicycle
pathways that link the campus to adjacent areas. There
will be opportunities for new public access to the Green
River and connections to the existing Green River Trail. In
the future, there may be a possibility for a pedestrian
crossing to Briscoe Park. Alignment of Southcenter Parkway along the
west edge of the site and further away from the Green River will afford
greater opportunities for open space areas and public river access.
PRELIMINARY MASTER PLAN SUBMITTAL L.,
The central and southern portions of the site will serve as the campus
development's core, anchored by retail and service areas. Design
guidelines will acknowledge and address residential uses to the west of
Orillia Road. The northern end of the site will include a mix of employment,
specialty goods and services and housing that will complement the central
campus and reflect a dynamic urban character in its range of retail,
residential, hotel, and recreational uses.
The architectural scale of the majority of the campus, at buildout, will be
three- to six-story structures with both surface and structured parking, with
the possibility of heights of up to eight stories in denser, more urban
oriented areas. These structures will relate to each other in the context of
the landscape, and their design and construction will be coordinated by
comprehensive design principles.
Development of individual projects will be subject to the City of Tukwila's
permit process to ensure a coordinated approach to campus development,
including access /circulation, open space and compatibility among uses.
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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.
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GATEWAYS
The Tukwila South roperty 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.
Existing Flood
Proisonon name
Db.
PRELIMINARY MASTER PLAN SUBNdll'IAL
APRIL 2005
LEGEND
CREATING DISTRICTS
Walkability is a key
factor in establishing
boundaries. There is a
national standard for
retail malls, which
dictates the distance
from anchor to anchor
should be no more than
a 10- minute walk. As
represented by the
orange circles, each
district should be
walkable.
Preserved HIllaide
DeceloNable Ma
E:1 Paton Rat O.valop.b• Graded HWdd.
E3 Undwelop ble Graded H'lle'dt
Q WeHands
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Pr■ett Clle
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. There a coordinated effort
underway by the cities of Tukwila and
SeaTac, the Port of Seattle and Sound
Transit to develop a
people mover system
from the airport light
rail station throug
Tukwila South to the
commuter rail station
at the Tukwila TOD.
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.
COLLINSWOERMAN
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Locations of uses shown on this plan are conceptual
N and will be determined by market forces.
LOW -RISE
Structures 1 to 3 stories in height;
including for -rent and for -sale units of
single family 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.
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MID -RISE
Structures 3 to 6 stories in height; including
for- rent and for -sale units. Integration with goods
and services allow for mid -rise units to integrate
with a mix of uses. For example, possible
configuration would include housing units
constructed over retail.
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PRELIMINARY MASTER PLAN SUB MIITAL 6 ti
HIGH -RISE
Structures 6 stories or greater in height; including
for -rent and for -sale units. The opportunity exists
for high -rise structures, most likely in the
redevelopment of the Segale Business Park in the
latter stages of the project's development.
_:I` LF'IILL
SE ELEMENTS.''
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.
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Locations of uses shown on this plan are conceptual
N land wW be determined by market forces.
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RETAIL VILLAGE
The northern end of the site offers the opportunity to create a retail village that includes specialty retail and goods
and services to support the proposed uses and the underserved surrounding neighborhoods. The success of the
Tukwila Urban Center to the north and the realignment of S 178th Street allow for the retail village to represent the
front door for the property. Uses are expected to include a grocery store, drug store, and smaller retailers that will
serve the surrounding neighborhoods.
A retail village on the north end of the site could contain a range of supporting retail, residential, hotel and
recreational uses and will also serve as a gateway to the site from the Tukwila Urban Center.
I` L E! 1 L PRELIMINARY MASTER PLAN SUBMITTAL
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.
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3. Retail as an amenity for the market.
Addressing the demands of other
uses within or surrounding the
property that are complementary to
the Tukwila Urban Center shopping
district's.
COLLINSWOERMAN
RETAIL OPPORTUNITIES (CONTINUED)
USES INCLUDE:
Bookstores
Video Stores
Sporting Goods
Clothing Stores
Hardware Shops
Grocery Stores
Antiques /Art Galleries
Jewelers
Representative uses for the retail village, retail district, large -scale retail users, gateway retail and retail center.
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Audio Video Stores
Furniture Stores
Toy Stores
Coffee Shops
Florists
Child Care
Restaurants
Drug Stores
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Locations of uses shown on this plan are conceptual
N i and will be determined by market forces.
RETAIL DISTRICT
Adjacent to the "retail village additional uses would
allow for a synergistic multi-use environment for multi-
family residential units, neighborhood retail, and office
uses that are envisioned as a 24/7 urban environment.
LARGE -SCALE RETAIL USERS
og
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ne
i
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.
COLLINSWOERMAN
Residential Multi- family
Financiallnstitutions
Service Businesses
Print Shops
Real Estate Offices
Travel Agencies
Gas Stations
Big Box Retail
Game Arcades
Movie Theaters
Museum
Studios (Art, Photography)
Bowling Alley/ Pool Hall
Music /Night Club
Sports /Exercise Club
Restaurants
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GATEWAY RETAIL AT ORILLIA RD
S 200TH ST
The intersection of Orillia Road and S 200th Street allows for the
opportunity to create a retail gateway for the property due to the
high visibility along Orillia Road.
RETAIL CENTER AT S 200111
SOUTHCENTER PARKWAY
The intersection of the realignment of Southcenter Parkway
and S 200th Street allows for the opportunity to create a retail
center that could serve the surrounding campus office uses.
PRELIMINARY MASTER PLAN SUBMITTAL , L i
1 L 5.! 1 L
ELEME
REGIONAL EMPLOYMENT OPPORTUNITIES
Numerous areas on the site could accommodate national and international companies specializing in emerging technology industries drawn to a campus setting with
expansion potential; a range of supporting retail, residential, hotel and recreational uses; adjacent amenities; close proximity to Sea -Tac airport; and direct access to
the regional transportation infrastructure network (1-5,1-405, and SR 167) and multi -modal transportation options. Given its location adjacent to the Green River and
the Tukwila Urban Center and its prominent Mt. Rainier views, the site offers such users the potential for a truly distinctive "signature" property.
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Locations of uses shown on this plan are conceptual
N and will be determined by market forces.
"To create a campus, there must be a cohesive environment, appropriate building
placements that frame organized open spaces, logical pedestrian circulation to the core
of the campus and simplified vehicular circulation. Access to amenities (restaurants,
hotels, retail, etc.) that are close to the workplace allow for employees to shop during
lunch hours or breaks without a car. This also allows employees to collaborate with other
team members within the campus, as opposed to accessing their cars, which can be
inconvenient; to interact with other parts of their business. Another consideration in the
development of campuses is the regulation of the overall look of structures. Design
standards allow for similar construction ofresidential, 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)
PRELIMINARY MASTER PLAN SUBMITTAL
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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
COLLINSWOLRMAN
SHORELINE USES
COLLINSWOERNIAN
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The Tukwila South property's eastern edge is formed by the Green River, from S 180th Street along the
north end, to S 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.
PRELIMINARY MASTER PLAN SUBMITTAL cgi 1.;
43' 2i' 5T
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COLLINSMERMAN
pP?
r NATURAL ENVIRONMENT
PRELIMINARY MASTER PLAN SUBMITTAL
tinemommas
P1 +'J� ?.ENV` N
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.
looking west
COLLINSWOERMAN
ExistingJohnsonDitch, Erg
agricultural uses along
S 204th Street, looking
northeast
Existing agricultural uses
along the Green River,
looking south
wall.
HILLSIDE
N Overall Nahira! Environment Enhancements (Open
I Space Network)
Work with the City of Tukwila to build create a pedestrian bridge from the
property to Briscoe Park and the Green River Trail network.
Enhancement of Johnson Creek into a fish- friendly tributary connected to the
Green River
Creation of back -water fish habitat in the Green River
Restoration of a wetland complex of approximately 32 acres associated with the
tributary drainage of the Green River that was historically present, but now
absent in the basin
Preservation of approximately 50 -60 acres of hillside along the western valley
Portions of the hillside on the north end of the property will be graded and re-
landscaped to accommodate the relocation of S 178th Street and to provide fill
material for the project.
On the south end of the site, north of S 200th Street, it is expected that portions
of the hillside will be graded to accommodate development. Special design
consideration will be covered within the design guidelines for this area.
PRELIMINARY MASTER PLAN SUBMITTAL
L F!. I I L
The Tukwila South Project Sensitive Area Master Plan Overlay (SAMP) will
result in greater environmental benefits than could be achieved under
standard TMC Sensitive Areas Ordinance (SAO) provisions. The Tukwila
South project site is uniquely suited to provide substantial local and
regional habitat benefits. The site contains Johnson Ditch, a degraded
tributary to the Green River, that could be restored to functioning fish
habitat. Johnson Ditch is adjacent to over 30 acres of poor quality wetlands
now in cropland production that could be rehabilitated as habitat. The
project is adjacent to the Green River where it is confined within levees that
have eliminated most off channel habitat necessary for anadromous salmon,
affording an opportunity to create this type of habitat, which regional Green
River studies have identified as a high priority for salmon population
restoration.
The purpose of the Tukwila SAO under TMC 18.45.010 is to protect the
environment, human life, and property; to designate and classify ecologically
sensitive and hazardous areas and protect these areas and their functions
and values; and to allow for reasonable use of public and private property.
By using the Master Plan provisions of the SAO, the Tukwila South project
developed a proposal consistent with project function and needs,
substantially enhancing regional fisheries and wetland functions, and
preserving water
quality. The net
gain in
environmental
benefits using the
SAMP is far
greater from both
within -site and
regional habitat
benefits than could
be achieved using
standard TMC
SAO provisions.
By focusing on
creating a net
I' PRELIMINARY MASTER PLAN SUBMITTAL
environmental benefit as promoted
by the SAMP Overlay Provisions,
rather than on mitigation using like
kind and avoidance measures
emphasized by standard TMC
SAO requirements, the Tukwila
South project will convert poor
quality agricultural ditches and
poor quality agricultural cropland
wetlands into higher quality fish
habitat and associated wetlands.
Rather than avoiding or retaining
ditches providing little or no fish
access and impairing the quality
of water delivered to the Green
River, the project will create a out
migration holding, summer rearing,
winter refuge, and upstream
migration holding fish habitat in
the Green River.
The need for this type of off channel habitat at this location is
recognized by the Green River Habitat Limiting Factors Analysis
for Washington Resource Inventory Area (WRIA) 9. Rather than
avoiding Johnson Ditch and leaving it and poor quality buffers in
place as required under standard TMC SAO provisions, the
project will relocate and restore Johnson Creek in a larger
channel with greatly enhanced fish passage to the Green River
through a fish passable floodgate, further opening up off
channel habitat now regionally limiting to anadromous and
resident fish in the Green River.
The SAMP calls for the project to rehabilitate more than 32
acres of degraded cropland wetlands and connect them in a
habitat corridor through the Johnson Creek channel to the
Green River.
Existing conditions
COLLINSWOERMAN
Relocation of the flood protection barrier dike from S 196th Street to the southern boundary of the site (approximately 120 to 140 feet north of S 204th Street) will create
contiguous buildable area and allow development of a large -scale campus environment. At its existing location, the flood protection barrier dike precludes
development south of the dike due to the infeasibility of obtaining flood insurance. The flood protection barrier dike will be relocated in the initial phase of the project
and will provide emergency flood protection to the entire site. It will extend from the Green River levee, across the valley at a corresponding elevation (35 feet). As
indicated, the relocated flood protection dike will separate the proposed realigned Johnson Creek and wetland rehabilitation area (described below) from the
developed portions of the site, and will provide for continuation of the existing hydrologic support to these areas.
10
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PRELIMINARY MASTER PLAN SUBMITTAL VI
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Plan view of relocated flood protection
barrier dike and relocated Johnson Creek
_..1•LfIIL'
The Tukwila South Master Plan includes a number of activities that have the
potential to directly or indirectly affect fish. These include:
Extension and expansion of Southcenter Parkway
Realignment of S 178t Street
Relocation of the existing flood protection barrier dike
Cconstruction of one new stormwater outfall into the Green River
Relocation of a portion of the Green River levee and construction of a new
off channel rearing area for salmonids
Relocation and enhancement of Johnson Ditch including a new stream
outfall location
Filling or culverting of five fish- bearing agricultural ditches
Mass grading to increase site elevations
Section 18.45.KK 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.
PRELIMINARY MASTER PLAN SUBMITTAL
WATER QUALITY
The construction and developed conditions water quality evaluation concluded
there is a reasonable expectation of preserving or slightly enhancing most
aspects of water quality important to fish habitat. The quality improvements are
expected from enhanced riparian functions and reduced agricultural chemical
use. While fecal coliform and zinc concentrations may increase slightly, coliforms
do not affect fish habitat quality, and the level of zinc would be well below the
level regarded as safe for freshwater aquatic life by the
State of Washington.
FISHERIES
Under the SAMP, the loss of agricultural ditches would
be mitigated by rehabilitation of wetlands and creation
and enhancement of stream channels. The natural
landscape would have approximately 3.8 acres of additional open -water habitat
compared to existing conditions. About 4.5 acres of new open -water habitat
would be created at the Green River Off channel Habitat Restoration Area and
0.34 acres at Johnson Creek to mitigate fill of 1.07 acres of agricultural ditch. In
addition, approximately 32.4 acres of wetlands associated with Johnson Creek
would be planted and graded to enhance functional benefits, and new riparian
buffers would be created adjacent to each open water area where none exists
near watercourses under existing conditions.
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COLLINSWOERMAN
INFRASTRUCTURE TIMING
i11 1 1 1;
PRELIMINARY MASTER PLAN SUBMITTAL OILi A r r L I I L
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INFRASTRUCTURE
INTRODUCTION
The Infrastructure Development Phase is expected to take three years (currently
projected for the year 2006 -2008 time period), and will include the following
elements:
Implementation of a mass grading program to establish site grades and
construct the major infrastructure elements
The extension and expansion of Southcenter Parkway in a new alignment
along the base of the western hillside through the Tukwila South planning
area
Realignment of S 178th Street to intersect with Southcenter Parkway at
Segale Park Drive C
Installation of sanitary sewer, water, and other utilities within Southcenter
Parkway
Relocation of the existing flood protection barrier dike from S 196th Street to
the southern boundary of the site (north of S 204th Street)
Installation of a temporary construction stormwater management system,
including a polymer treatment system for stormwater runoff
Installation of a comprehensive permanent stormwater control and water
quality system for the entire site, including two new stormwater outfalls into
the Green River
Implementation of a natural resource mitigation plan, of which the primary
features include: creation of an off channel habitat restoration area adjacent
to the Green River; rehabilitation of a wetland complex associated with
tributary drainage to the Green River; and restoration of Johnson Ditch into a
fish friendly tributary connected with the Green River
It may be necessary in the future to relocate an existing fire station closer to
the project, or within the property.
SOUTHCENTER PARKWAY S 178TH STREET REALIGNMENT
The location of the expanded Southcenter Parkway is a critical element of the
Master Plan. The decision was made to move the new alignment as close as
possible to 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
GRADING PLAN
The Tukwila South Master Plan proposes to establish site grades as part of an
overall mass earthwork program at the outset of Year 1. On -site movement of
approximately 1.5 million cubic yards of earthwork would be necessary to
establish site grades and for construction of major infrastructure components. A
temporary access road under S 200th Street would be constructed to facilitate
transport of material between the north and south portions of the site.
The major areas proposed for excavation include the northwest portion of the site
and the proposed Green River Off Channel Habitat Restoration Area. Major fill
areas for the excavated material include the new site for the flood protection
barrier dike and the other areas across the site to establish the sub -grade for
future development. It is anticipated that approximately 400,000 cubic yards of
imported fill would be required. Beginning in the second year of construction, an
additional approximately 500,000 cubic yards of clean fill dirt would be imported
for preloading and to establish finished grades, as needed for specific
development projects on the site.
The mass earthwork program would accomplish the following goals:
Balance the movement of earthwork on -site as much as practical, and limit
the degree of import and export of material from the site.
Establish cohesive sub grades for the planned extension of Southcenter
Parkway and S 178th Street realignment.
Provide a feasible subgrade for future site development under the Master
Plan.
Ensure a cohesive elevation for the planned utility connections (e.g.,
wastewater) to allow drainage to stormwater control and conveyance
facilities.
Allow installation of the comprehensive stormwater control system that is
intended to serve the site at full buildout.
Allow relocation of the flood protection barrier dike.
Allow implementation of key features of the proposed natural resource
mitigation plan in the initial phase.
By the year 2008, construction of the first phase of development will have begun.
The extension and realignment of Southcenter Parkway will be finished, mitigation
for environmental impacts will have been constructed, and all of the stormwater
detention and water quality infrastructure will be in place.
PRELIMINARY MASTER PLAN SUBMITTAL
COLLINSWOERMAN
DEVELOPMENT PHASING
PRELIMINAPY MASTER PLAN SUBMITTAL
I'LI![IL`•
THE STARTING POINT
The Tukwila South project has the opportunity to transition the property from an agricultural 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.
COLLINSWOERMAN
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Locations of uses shown on this plan are conceptual
and will be determined by market forces.
THE STARTING POINT PHASE 1
Due to the proximity of the Tukwila Urban Center,
current market demands indicate a need for
neighborhood- oriented retail. It is likely the first
phase of development would occur on the north
and central portions of the property.
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THE NEXT STEP PHASE 2
Expansion and market demands will
allow the campus environment to
expand to the south toward
S 200th Street.
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PRELIMINARY MASTER PLAN SUBMITTAL
minanstam
Conceptual Phase 1
Development Program
200,000 sf Retail
Grocery Store
-Drug Store
Restaurants
-Dry Cleaners
Deli
elgpol�al nhood
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.
I I I II. I:1 L I L
COLLINSWOERMAN
APPENDIX
PRELIMINARY MASTER PLAN SUDIvIITTAL I.: 1 1 L L
COLLINSWOERMAN
APPENDIX
GUIDING PRINCIPLES BACKGROUND
PRELIMINARY MASTER PLAN SIIBMITTAL L A L R. I I L
7
BACKGROUND
The Segale family has been systematically assembling this parcel for more
than 50 years. While there have been discussions about development and
markets that could have filled the property with many of the retail and
industrial uses common to this part of the valley, the land has yet to see its
first significant development.
Due to the fact the Segale family has entered into the entitlement process
and is prepared to build this unique regional asset, the City of Tukwila and
the Segale family share in the opportunity to shepherd its development. Both
parties also share in the responsibility to meet the site's full potential as an
exciting and robust new regional employment center.
Outlined below are the site's context elements that, taken together, create a
glimpse of that potential:
Heritage of the Segale family: The family has lived
on the property for three generations and has
assembled the property over the last 50 years.
Heritage of the Green River Valley: The Kent Valley
has long drawn institutional real estate investors in
industrial and large retail developments. The new
kinds of development Tukwila South introduces to
the valley will benefit from the same advantages
(outlined below) that have contributed to the
success of the area's traditional uses.
Natural beauty: With commanding views of
Mt. Rainier from the property's mile -long hillside as
well as views of the Green River and sweeping
vistas of greenery, Tukwila South offers wonderful
opportunities for amenities and recreation.
Puget Sound and Northwest traditions: The
region's pioneering culture is nationally recognized
for its ability to create new industries from scratch as
well as reinvent established industries. Tukwila South
has the opportunity to further this tradition by
establishing a major new employment center based
on jobs that create intellectual property.
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 I -405.
Agricultural and wetlands to the near south: Because of the
site's size, large undeveloped tracts of land will be set aside
for wetlands protection and enhancement, and stormwater
management.
Diversity: South King County currently supports one of the
region's most economically and socially diverse populations.
New jobs, goods and services, housing, and public services
will need to address this diverse citizenship and create a
welcoming place for all.
PRELIMINARY MASTER PLAN SUBMITTAL
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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.
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TUKWILA SOUTH PROJECT
TUKWILA SOUTH OVERLAY ZONING DISTRICT
TUKWILA, KING COUNTY, WASHINGTON
TUKWILA MUNICIPAL BOUNDARY
AFTER LA PIANTA ANNEXATION
ZONING BOUNDARY
TUKWILA SOUTH OVERLAY DISTRICT
(NEW ZONING)
Exhibit 5
PARCEL 032204 -9049:
THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST
1/40F 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; EXCLUDING THAT PORTION
LYING SOUTH OF THE NORTH MARGIN OF SOUTH 204 STREET; SITUATE
IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON.
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° 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 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; TOGETHER WITH AN EASEMENT FOR ROADWAY AS
ESTABLISHED BY DEED RECORDED OCTOBER 16, 1947 UNDER KING
COUNTY RECORDING NO. 3734338; SITUATE IN THE COUNTY OF KING,
STA "I E OF WASHINGTON.
PARCEL 352304 -9014:
EXHIBIT 6
EXPANSION AREAS LEGAL DESCRIPTION
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 IN 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,
Exhibit 6 -1
SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO
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.
PARCEL 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.
PARCEL 352304 -9034:
PARCEL B 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 -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"
Exhibit 6 -2
EAST 233.32 FEET; THENCE NORTH 16 °29'55" EAST 474.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 16 °29" 55" EAST 100
FEET; THENCE SOUTH 64 °17'20" 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 °02'38"
WEST 250 FEET TO A POINT 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 POINT WHICH BEARS NORTH
66 °02'38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH
66 °02'38" EAST 211.14 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN
THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 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.
"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 BEGINNING; THENCE
NORTH 78 °0027" EAST 38.15 FEET TO THE WESTERLY MARGIN OF SOUTH
CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING
Exhibit 6 -3
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
TRUE 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 SOUTHWES I'ERLY EXTENSION OF THE NORTH LINE OF THE
PROPERTY DESCRIBED ABOVE; SITUATE IN THE COUNTY OF KING, STATE
OF WASHINGTON.
PARCEL 352304 -9037
[A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT MAYBE
ACQUIRED BY LA 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;
PARCEL 352304 -9124
[A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT MAYBE
ACQUIRED BY LA PL4NTA]
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 LINES;
ALL SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, 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.
Exhibit 6 -5
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R.O.W. DEDICATOR
VACATION MAP
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LA PIANTA LLC
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Exhibit 7
Return to:
whose address is
Additional on page
Assessor's Tax Parcel IDif
THIS DEED OF TRUST, made this day of
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:
which real property Is nbt used principally for agricultural or farming purposes, together with all the tenements,
hereditaments, and app nances now or hereafter thereunto belonging or in any wise appertaining, and the
rents, issues and profit hereof.
This deed is for the purpose of securing performance of each agreement of grantor herein contained, and
Grantor's obligaton 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 or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with
interest thereon at such ifte as shall be agreed upon.
To protect the security or this Deed of Trust, Grantor covenants and agrees:
1. To keep the property in good condition and 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 may be damaged or
destroyed; and m comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property.
2. To pay before delinquent sill lawful taxes and assessments upon the property; to keep the property free and clear of all other charges,
liens or encumbrances Impairing the security of thls Deed of Trust.
3. To keep all buildings now or hereafter erected on the property described herein continuously insured
against loss by fire or other hazards in an amount not less than 90% of the insurable value thereof. All
policies shall name Beneficiary as a loss payee as its interest may appear. In the event of foreclosure, all
rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale.
4. To defend any action or proceeding' purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay
all cons and expenses, includbng coat of title search and attorney's fees in a reasonable amount, in any such action or proceeding, In any
suit brought by Beneficiary toiforeclose thls Deed of Trust.
S. To pay all costs, fees and expenses In connection with this Deed of Trust, Including the expenses af the Trustee incurred In enforcing the
obligation secured hereby and Trustee's and attorney's fees actually Incurred, as provided by statute,
6. Should Grantor fail to pay when due any taxes, assessments, Insurance premiums, liens encumbrances or other charges against the
property herelnabove described. Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth In the note
secured hereby, shall be addetlto and become a pan of the debt secured In this Deed of Trust.
Exhibit 8
IT IS MUTUALLY AGREED THAT
1, In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such
portion as may be necessary to fully satisfy the obligation secured hereby, shall be pald to Beneficiary to be applied to said obligation.
2. By accepting payment of any sum secured hereby after Its due date, Beneficiary does not waive its right to require prompt payment
when due of all other sums so secured or to declare default for failure to so pay.
3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request
of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the
Beneficiary or the person entitled thereto.
4. Upon default by Grantor in the payment of any Indebtedness secured hereby or In the performance of any agreement contained herein,
all sums secured hereby shall Immediately become due and payable at the option of the Beneficiary. In such event and upon written request
of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction
to the highest bidder. Any person except Trustee may bld at Trustee's sale, Trustee shall apply the proceeds of the sales as follows: (I) to
the expense of the sale, including a reasonable Trustee's fee and attomey's fee; (2) to the obligation secured by this Deed of Trust; and (3)
the surplus, if any, shall be distributed to the persons entitled thereto,
5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the Interest in the
property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have
acquired thereafter, Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law
and this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof In favor of bona
fide purchaser and encumbrances for value.
6. The power of sale conferred by this feed of Trust and by the Deed of Trust Act of the Sate of Washington is not an exclusive remedy;
Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage.
7. In the event of the death, Incapacity, disability, or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and
upon the recording of such appointment In the mortgage records.of the county in which this Decd of Trust is recorded, the successor trustee
shall be vested with all powers of the original trustee. The trustee Is not obligated to notify any party hereto of pending sale under any
other feed of Trust or of an action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding
is brought by the Trustee.
8. This Deed of Trust applies to, Inures to the benefit of and is binding not only on the parties hereto, but on' their heirs, devisees, legatees,
administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not
named as Beneficiary herein.
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
I hereby certify that l know or have satisfactory evidence
that
Dated
residing at
My appointment expires
r
Notary Seal
1
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
Printed Name
REQUEST FOR FULL RECONVEYANCE
Do not record To be used only when note has been paid
TO: TRUSTEE.
The undersigned is the legal owner and holder of the note and all other indebtedness se 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 terms of said Deed of Trust,
to cancel said note above mentioned, and all other evidences of indebtedness secured by said Dced 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 Deed of Trust, 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 2009
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 1098959
BENEFICIARY
THE CITY OF TUKWILA
6200 SOUTHCENTER BLVD.
TUKWILA, WA 98188
AMOUNT
NOT EXCEEDING USD 6,000,000.00
NOT EXCEEDING SIX MILLION AND Q0 /100'S US DOLLARS
EXPIRATION
DECEMBER 3 -1, 2009 AT OUR COUNTERS
AT THE REQUEST AND ON THE INSTRUCTIONS OF OUR CUSTOMER, LA PIANTA LLC
(THE "ACCOUNT PARTY WE HEREBY ISSUE. OUR IRREVOCABLE STANDBY LETTER
OF CREDIT NUMBER IN 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 OF
CREDIT NUMBER AND ACCOMPANIED BY THE DOCUMENTS DETAILED BELOW. THIS
LETTER OF CREDIT IS ISSUED IN CONNECTION WITH THE
(THE "CONTRACT
T iIS LETTER OF CREDIT IS EFFECTIVE IMMEDIATELY AND SHALL EXPIRE AT
5:00 P.M. AT THE OFFICE OF BANK OF AMERICA, N.A., 1000 WEST 'TEMPLE
STREET, 7TH FLOOR, MAIL CODE: CA9- 705- 07 -05, LOS ANGELES, CA
90012 -1514. ON THE DATE OF EXPIRY SHOWN.
THE FOLLOWING SHALL ACCOMPANY YOUR SIGHT DRAFT(S) UPON EACH DRAW
UNDER THIS LETTER OF CREDIT:
1. A CERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY, TO
THE EFFECT THAT THE ACCOUNT PARTY HAS FAILED TO PERFORM AN OBLIGATION
AS SET FORTH IN SECTION(S) OF THE CONTRACT
DESPITE, WHERE APPLICABLE, PRIOR DEMAND TO SO CURE AND THE EXPIRATION
OF THE APPLICABLE CURE PERIOD, AND THAT AS A RESULT, THE CITY HAS
INCURRED 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
DRAFT
APPLICANT
LA PIANTA LLC
PO BOX 88028
TUKWILA, WA 98138
PAGE; 1
ISSUING BANK
BANK OF AMERICA, N.A.
1000 W. TEMPLE STREET
7TH FLOOR, CA9- 705 -07 -05
LOS ANGELES, CA 90012 -1514
Exhibit 9
BANK OF AMERICA CONFIDENTIAL PAGE: 2
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: t98959
REPLACEMENT LETTER OF CREDIT WITHIN THE TIME PERIOD REQUIRED IN
SECTION OF THE CONTRACT.
3. A CERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY OF
TUKWILA, WASHINGTON, TO THE EFFECT THAT THE ACCOUNT PARTY HAS NOT
PROVIDED THE CITY WITH A REPLACEMENT LETTER OF CREDIT SATISFACTORY TO
THEM.
ADDITIONAL CONDITIONS:
1. PARTIAL DRAWINGS ARE ALLOWED' BUT NOT REQUIRED. TOTAL DRAWS
OUTSTANDING AT ANY TIME SHALL NOT EXCEED THE AMOUNT SET FORTH ABOVE.
2. THE CITY SHALL RETURN THIS ORIGINAL LETTER OF 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.
3;. THE CITY .OF TUKWILA SHALL RETURN THIS ORIGINAL LETTER OF CREDIT,
AND EACH SUBSEQUENT AMENDMENT(S) AND YOUR AUTHORIZATION TO CANCEL TO
BANK OF AMERICA, N.A. UPON THE TERMINATION OF THE REQUIREMENT FOR
SUCH LETTER OF CREDIT UNDER SECTION OF THE
CONTRACT.
4. THE AMOUNT OF EACH DRAWING MUST BE ENDORSED ON THE REVERSE SIDE OF
THIS LETTER OF CREDIT BY THE BANK AND THIS CREDIT SHALL BE RETURNED
TO THE BENEFICIARY UNLESS THE AMOUNT OF THE DRAW SHALL BE FOR THE
FULL OR ENTIRE AMOUNT REMAINING UNDER THIS LETTER OF CREDIT.
5. AN "AUTHORIZED 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 TIME, ON THE NEXT BUSINESS DAY. IF WE RECEIVE SUCH ITEMS
AFTER THE TIMES S'PECIFIED., WE WILL MAKE PAYMENT BY 8 :00 A.M., PACIFIC
TIME, ON. THE SECOND BUSINESS DAY THEREAFTER.
EACH DRAFT PRESENTED FOR 'PAYMENT AGAINST THIS LETTER OF CREDIT AND.
EACH 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
EXECUTIVE 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 AMERICA CONFIDENTIAL PAGE: 3
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 11098959
OR DRAFTS SHOULD BE PREPARED EITHER (I) IN THE FORM OF A LETTER ON
YOUR LETTERHEAD SIGNED BY YOUR AUTHORIZED OFFICERS OR (II) IN THE
FORM OF A FACSIMILE COPY OF SUCH A LETTER SENT BY ONE OF THEM TO:
213.- 457 -8841. IN SUCH EVENT, THE 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 US AT BANK OF AMERICA, N.A.,
1000 WEST TEMPLE STREET, 7TH FLOOR, MAIL CODE: CA9- 705- 07 -05, LOS
ANGELES, CA. 90012 -1514 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 DE 'I,AND FOR PAYMENT MADE. BY YOU HEREUNDER DOES NOT, IN. ANY
INSTANCE, CONFORM TO THE TERMS AND CONDITIONS OF T LETTER OF
CREDIT, WE SHALL GIVE YOU PROMPT NOTICE THAT THE DEMAND WAS NOT
EFFECTED IN ACCORDANCE WITH THIS LETTER OF CREDIT, STATING THE
REASONS THEREFORE AND THAT WE ARE HOLDING ANY DOCUMENTS AT YOUR
DISPOSAL OR ARE RETURNING THEM TO YOU, AS WE MAY ELECT. UPON BEING
NOTIFIED THAT THE DEMAND WAS NOT EFFECTED 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 OF THIS SENTENCE) AND ABLE TO DO
SO.
BY PAYING YOU AN AMOUNT DEMANDED IN ACCORDANCE WITH THIS 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 THIS LETTER OF CREDIT SHALL NOT BE
CONSTRUED TO LIMIT ANY OTHER REMEDIES THAT YOU MAY HAVE AT LAW OR
EQUITY TO COLLECT AMOUNTS DUE FROM BENEFICIARY.
THIS LETTER QF CREDIT CANNOT BE MODIFIED OR REVOKED WITHOUT YOUR
CONSENT.
PARTIAL DRAWING AND MULTIPLE PRESENTATIONS ARE PERMITTED UNDER THIS
LETTER OF CREDIT
THIS LETTER OF CREDIT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE INTERNATIONAL CHAMBER OF COMMERCE INTERNATIONAL
STANDBY PRACTICES, PUBLICATION NO. 590 (1998 REVISION) AND, TO THE
EXTENT NOT INCONSISTENT THEREWITH, THE LAWS OF THE STATE OF
WASHINGTON.
DRAFT
BANK OF AMERICA CONFIDENTIAL
THIS IS AN INTEGRAL PART OF LElihR OF CREDIT NUMBER: 098959
IF YOU REQUIRE ANY ASSISTANCE OR. HAVE ANY QUESTIONS REGARDING THIS
TRANSACTION, PLEASE CALL 1-800-541-6096 OPT 1.
AUTHORIZED SIGNATURE
THIS DOCUMENT CONSISTS OF 4 PAGE(S).
FOR
P7',..p•g1
PAGE: 4
LA PIANTA LLC
-n e PROPOSED ORILLIA ROAD CONNECTOR
o FOR
W C N
TUKWILA SOUTH PROJECT
TIMSLA WASANOTON
1
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iii% 11
l r r 11l 1
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looz 5;
GOLDSMITH
LAND DEVELOPMENT SERVICES
D
a
0
n
rr Exhibit 10
South Tukwila EIS
Trip Generation
TENW Project No. 2252
P.M. Peak Hour Trip Generation
Land Use
Parcels A -1 A
EXISTING DEVELOPMENT TRIPS
Page 1 2015 PM Trip Generation
Existing Trip Generation
Trips Generated
PM Peak Hour
Area Units 1 LUC In °O /a' Out trio Rate fn Out Total
ITE Directional Sollt PM Peak
RESIDENTIAL 6 Units 210 67% 33% 1.01 4 2 6
(Ddwhg Range also In Parcel A for No Action'AlternativeJ
Subtotal 4 2 6
Parcel B
OFFICE 3: GFA 710 17% 83% 2.38 16 78 94
WAREHOUSING 134,500 GFA 150 24% 76% 0.81 20 62 62
Subtotal ".36 140 176
Parcel C
OFFICE 8.595 GFA 710 17% 83% 3.49 5 25
DRIVING RANGE ti5 Tees 432 44% 56% 1.25 36 45
(Driving Range it! Parcel A for No Action Alternative)
Subtotal 41 70
30
81
111
Parcels F G 3
OFFICE 157,259 GFA 710 17% 83% 1.52 51 249 300
WAREHOUSING '1,09.3.14 2 GFA 150 25% 75% 0.40 105 317 422
MANUFACTURING 149.034 GFA 140 36% 64% 0.69 37 66 103
Subtotal 193 632 825
Parcel H 3 (Parcel E in No Action Alternative)
OFFICE 12.065 GFA 710 18% 82% 3.23 7 32 39
WAREHOUSING 77.911 GFA 150 24% 76% 0.69 13 41 54
Subtotal 20 73 93
Parce! L (Parcel Din No Action Alteranative)
LIGHT INDUSTRIAL 29.086 GFA 110 10;/0 90;/0 0.98 3 26 29
Subtotal 3 26 29
Parcel 0 (Parcel J in No Action Alternative)
RESIDENTIAL
GFA Is Gmss Floor Arne.
2 Irioitute of Troroportanon Engineers. Trlp Generation Manual. 7N Edition, 2003 Land Use Codes,
Parcel deslgnactans for the Frederica Action Altemetive.
Units 210 100% 0% 1.01 1 0
Subtotal 1 0 1
Gross P.M. Peak Hour Trips Generated 298 943 1,241
Exhibit 11
CAS NUMBER 09-058
AGI:ND.\ hr'I:nrTrrl,k 2010 Community Development Block Grant (CDBG) application for Minor Home
Repair Program
C I'I ;GORY Discussion
Si' )NS( )R
S1'( )NtiOR'S
SUMMARY
RI: \'iI ?\\'IiD BY
II
IN Motion
illtg Date 05/11/09 A1tg Date 05/18/09 Mtg Date Mtg Date
Council Nlcyor I Adm Svcj' I DCD Finance I I Fire Legal P &R Police Pr
Council approval is being requested to authorize the Mayor to sign the 2010 application for
Community Development Block Grant funds to be used for Minor Home repair for the cities
of Tukwila, SeaTac, Des Moines and Covington.
COW Mtg.
Utilities Cmte
II
CO UNCIL AGENDA SYNOPSIS
Meeting Date Prepared by I Mayor's review
05/11/09 EB 1 6--
05/18/09 EB 1 A ,L--
ITEM INFORMATION
ORIGINAL AGI?ND.\ DA"1'1 MAY 11, 2009
Resolution Ordinance I 1 Bid Award I Public Nearing P1 Other
CA &P Cmte
Arts Comm.
Initials
II
Altg Date
F &S Cmte
Parks Comm.
Council review
X4,
DATE: 04/27/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
CommITTik Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ENPI?NDITURI? RI?QU1RI D AMOUNT BUDGETED APPROPRIATION REQUIRED
$91,000*
Fund Source: HUMAN SERVICES GENERAL FUND
Comments: *Funds are paid upfront by the city and reimbursed by King County
MTG. DATE RECORD OF COUNCIL ACTION
05/11/09 Forward to next Regular Meeting
Altg Date Aitg Date
Ii Transportation Cmte
fl Planning Comm.
MTG. DATE ATTACHMENTS
05/11/09 I Informational Memorandum dated 04/20/09
CDBG application
Minutes from the Community Affairs and Parks Committee meeting of 04/27/09
05/18/09 1 No attachments
ITEM No.
iVleetinR Date
05/11/09
05/18/09
CAS NUMBER: 09-059 AGENDA I1
CATEGORY
SPONSOR
SPONSOR'S
SUMMARY
Fund Source:
Comments:
MTG. DATE
05/11/09
MTG. DATE
05/11/09
05J
COUNCIL AGENDA SYNOPSIS
Prepare
RF
RFk
Discussion Motion u Resolution
Mtg Date 5/11/09 Mtg Date 05/18/09 Mtg Date
Council Mayor Adm Svcs DCD
1
Initials
Mayor's review
A A
ITEM INFORMATION
Mtg Date
Catalog review
ORIGINAL AGENDA DATE: MAY 11, 2009
ITEM No.
EM TITLE 2009 Annual Comprehensive Plan Amendment /Rezone applications and review
process
Meeting format
Ordinance Bid Award Publicarifig Other
iVltg Date NItg Dat5/ 18/09 Mtg Date
Finance Fire Legal n P&R Police PV
A briefing will be provided on two Comprehensive Plan amendments /Rezone requests for
2009. Comments will be taken in Public Meeting format at the May 18 Regular Meeting.
After the public meeting, the City Council will be asked to take action on whether to
forward the requests to the Planning Commission for analysis and recommendation.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: 4/27/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
II
RECORD OF COUNCIL ACTION
Forward to next Regular Meeting
Transportation Cmte
(l Planning Comm.
APPROPRIATION REQUIRED
ATTACHMENTS
A. Informational Memorandum dated May 1, 2009
B. Minutes from Community Affairs and Parks Committee meeting of 4/27/09
C. Chart-- Review Process
D. Map Locations of Comprehensive Plan amendment requests
E,F,G- Map Applications Osterly Pk.Townhome MDR to HDR (Files #L08 -077 109
H,I,] Map&Applications- -Urban Renewal Overlay District (Files #L08 -081 L08 -082
No attachments (Please refer to the 5/11/09 C.O.W. packet)
CAS NUMBER 09-060
C "I'I ;(LORI'
SP( )NSOR
ISI'( )NS()R'S
Sl'\l.MARY
1 1
fC1--Q (0C
illeeting Date
05/11/09
05/18/09
1( I•.ND,\ I'L'I ;MI Tfl'l,l. Contract amendment Commercial Development Solutions
Dzscus.iion Motion Resolution
Altt Date 05/11/09 Altg Date 05/18/09 Mtg Date
Council Mayor n Adm Svcs 1 1 DCD 1 Finance Fire n Legal 1 P&R n Police n PIYI
The contract with Commercial Development Solutions will expire on June 30, 2009. The
City entered into the contract for project management for the Tukwila South project. The
Council is being asked to extend the contract to December 31, 2009.
RI \'II1\.\'1?D I31' n COW Mtg.
Utilities Cmte
DATE: 04/27/09
RECOMMENDATIONS:
Si )NSOR /ADMIN.
CO1•Ii\tFFI'1?1
Ex1l?NDPI'URl': RI?Ou
$48,000
CA &P Cmte
Arts Comm.
Fund Source: MAYOR'S OFFICE PROFESSIONAL SERVICES
Comments
MTG. DATE
05/11/09
MTG. DATE
05/11/09
05/18/09
COUNCIL AGENDA SYNOPSIS
Initiatr
Prepared by 1 Mayors review I Council revier)
RB I 3 h
RB A Ail"
ITEM INFORMATION
!ORIGINAL AG1 ;ND,\D,\T1 MAY 11, 2009
n Ordinance
Alts Date Mtg Date
F &S Cmte
n Parks Comm.
COST IMPACT FUND SOURCE
AMOUNT BUDGETED
$48,000
Bid Award n Public Hearing 1 1 Other
Mtg Date
n Transportation Cmte
Planning Comm.
RECORD OF COUNCIL ACTION
Forward to next Regular Meeting
APPROPRIATION REQUIRED
ATTACHMENTS
Informational memorandum dated 04/06/09
Contract Amendment
Minutes from the Community Affairs and Parks Committee meeting of 4/27/09
No attachments
ITEM No.
c� c
Mtg Date